*Pages 1--3 from  Microsoft Word - 38144*
 Federal  Communications  Commission  DA  04-  1264 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  matter  of 
 Reorganization  of  the  Enforcement  Bureau  and 
 Establishment  of  the  Office  of  Homeland  Security 


 )  ) 
 )  ) 
 )  ) 
 )  ) 
 ) 


 ORDER 
 Adopted:  May  3,  2004  Released:  May  6,  2004 


 By  the  Managing  Director: 
 1.  On  July  8,  2003,  the  Commission  adopted  an  Order  establishing  the  Office  of  Homeland  Security  within  the  Enforcement  Bureau,  and  the  Order  was  released  on  July  10,  2003.  1 


 2.  Due  to  an  oversight,  the  Commission  did  not  publish  a  notice  in  the  Federal  Register  codifying  in  the  Code  of  Federal  Regulations  the  rule  changes  adopted  in  that  Order.  Prior  to  publishing 
 the  omitted  notice  in  the  Federal  Register,  the  Managing  Director  adopts  this  Order  to  clarify  amendatory  language  in  the  original  Order,  and  to  revise  a  paragraph  designation  that  has  changed  since  adoption  of 
 the  original  Order. 
 3.  In  accordance  with  section  0.231(  b)  of  the  Commission’s  rules  2  the  Managing  Director  has  delegated  authority  to  make  non-  substantive,  editorial  revisions  of  the  Commission’s  rules. 


 4.  The  Commission  will  not  send  a  copy  of  this  Order  to  the  U.  S.  General  Accounting  Office  pursuant  to  the  Congressional  Review  Act  3  because  the  Order  concerns  rules  of  agency 
 organization,  procedure,  or  practice  that  do  not  “substantially  affect  the  rights  or  obligations  of  non-agency  parties.”  In  addition,  this  Order  does  not  contain  any  new  or  modified  information  collections 
 subject  to  the  Paperwork  Reduction  Act  of  1995,  Public  Law  104-  13.  It  also,  therefore,  does  not  contain  any  new  or  modified  “information  collection  burden  for  small  business  concerns  with  fewer  than  25 
 employees,”  pursuant  to  the  Small  Business  Paperwork  Relief  Act  of  2002,  Public  Law  107-  198.  4 
 1  18  FCC  Rcd.  15,  078  (2003). 
 2  47  C.  F.  R.  §  0.231(  b). 
 3  5  U.  S.  C.  §  801(  a)(  1)(  A). 
 4  44  U.  S.  C.  §  3506(  c)(  4). 
1
 Federal  Communications  Commission  DA  04-  1264 
 2 
 5.  ACCORDINGLY,  IT  IS  ORDERED  that  the  revisions  as  noted  in  the  appendix  to  this  Order,  are  EFFECTIVE  upon  adoption  of  this  Order. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Andrew  S.  Fishel  Managing  Director 
2
 Federal  Communications  Commission  DA  04-  1264 
 3 
 APPENDIX 
 For  the  reasons  stated  in  the  Order,  the  Federal  Communications  Commission  amends  47  CFR 


 parts  0  and  11  as  follows: 
 Part  0  –  Commission  Organization 
 1.  The  authority  citation  for  part  0  continues  to  read  as  follows: 
 Authority:  Sec.  5,  48  Stat.  1068,  as  amended;  47  U.  S.  C.  155,  225,  unless  otherwise  noted. 
 2.  Revise  §  0.  111(  a)(  22)  to  read  as  follows: 
 §  0.111  Functions  of  the  Bureau. 


 (a)  *  *  * 
 (22)  Advise  the  Commission  or  responsible  Bureau  or  Office  regarding  the  enforcement  and  homeland  security  implications  of  existing  and  proposed  rules. 


 *  *  *  *  * 
 3.  Revise  the  undesignated  center  heading  preceding  §  0.181  to  read  as  follows: 


 Homeland  Security,  Defense,  and  Emergency  Preparedness  Functions 


 Part  11  –  Emergency  Alert  System  (EAS) 
 4.  The  authority  citation  for  part  11  continues  to  read  as  follows: 
 Authority:  47  U.  S.  C.  151,  154(  i)  and  (o),  303(  r),  544(  g),  and  606. 
 5.  Revise  the  introductory  paragraph  in  §  11.21  to  read  as  follows: 
 §  11.  21  State  and  Local  Area  Plans  and  FCC  Mapbook. 
 EAS  plans  contain  guidelines  which  must  be  followed  by  broadcast  and  cable  personnel,  emergency  officials  and  National  Weather  Service  (NWS)  personnel  to  activate  the  EAS.  The  plans  include  the  EAS 
 header  codes  and  messages  that  will  be  transmitted  by  key  EAS  sources  (NP,  LP,  SP  and  SR).  State  and  local  plans  contain  unique  methods  of  EAS  message  distribution  such  as  the  use  of  RBDS.  The  plans 
 must  be  reviewed  and  approved  by  the  Director,  Office  of  Homeland  Security,  Enforcement  Bureau,  prior  to  implementation  to  ensure  that  they  are  consistent  with  national  plans,  FCC  regulations,  and  EAS 
 operation. 
 *  *  *  *  * 
3