Connect America Fund; A National Broadband Plan for Our Future; Establishing Just and Reasonable Rates for Local Exchange Carriers; High-Cost Universal Service Support, 30903-30904 [2012-12674]
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Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Rules and Regulations
srobinson on DSK4SPTVN1PROD with RULES
for the 1997 ozone NAAQS: (A), (B), (C),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M), except for portions related to the
major source Prevention of Significant
Deterioration (PSD) permitting program
which is implemented under a Federal
Implementation Plan codified at 40 CFR
52.2497. EPA is taking no action on
infrastructure elements (D)(i) and (I) for
the 1997 ozone NAAQS. This action is
being taken under section 110 of the
CAA.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
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appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by July 23, 2012.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
Matter, and Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 4, 2012.
Michelle L. Pirzadeh,
Deputy Regional Administrator, Region 10.
40 CFR part 52 is amended as follows:
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30903
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et. seq.
Subpart WW—Washington
2. Section 52.2491 is added to read as
follows:
■
§ 52.2491 Section 110(a)(2) infrastructure
requirements.
On January 24, 2012, Washington
Department of Ecology submitted a
certification to address the requirements
of CAA Section 110(a)(1) and (2) for the
1997 8-hour ozone NAAQS. EPA
approves the submittal as meeting the
following 110(a)(2) infrastructure
elements for the 1997 8-hour ozone
NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M), except for
portions related to the major source
Prevention of Significant Deterioration
(PSD) permitting program which is
implemented under a Federal
Implementation Plan codified at 40 CFR
52.2497.
[FR Doc. 2012–12491 Filed 5–23–12; 8:45 a.m.]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 51 and 54
[WC Docket Nos. 10–90, 07–135, 05–337,
03–109; GN Docket No. 09–51; CC Docket
Nos. 01–92, 96–45; WT Docket No. 10–208;
FCC 11–161]
Connect America Fund; A National
Broadband Plan for Our Future;
Establishing Just and Reasonable
Rates for Local Exchange Carriers;
High-Cost Universal Service Support
Federal Communications
Commission.
ACTION: Final rule; correction.
AGENCY:
The Federal Communications
Commission (Commission) published in
the Federal Register of May 8, 2012, a
document announcing the Office of
Management and Budget (OMB)
approval of information collections
associated with the Commission’s;
Connect America Fund; A National
Broadband Plan for Our Future;
Establishing Just and Reasonable Rates
for Local Exchange Carriers; High-Cost
Universal Service Support, Report and
Order, (Order), released on November
18, 2011. That notice was consistent
with the Order, which stated that the
Commission would publish a document
in the Federal Register announcing the
SUMMARY:
E:\FR\FM\24MYR1.SGM
24MYR1
30904
Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Rules and Regulations
effective date of those rules once it
receives OMB approval. This document
corrects information in the
SUPPLEMENTARY INFORMATION section of
that document.
DATES: Effective on May 24, 2012.
FOR FURTHER INFORMATION CONTACT: Alex
Minard, Wireline Competition Bureau,
(202) 418–7400; Email:
Alexander.Minard@fcc.gov.
SUPPLEMENTARY INFORMATION: The
Commission published a document in
the Federal Register of May 8, 2012, (77
FR 26987), announcing OMB’s approval
of information collections associated
with the Commission’s Order, released
on November 18, 2011. That notice was
consistent with the Order, which stated
that the Commission would publish a
document in the Federal Register
announcing the effective date of those
rules once it receives OMB approval.
In rule FR Doc. 2012–10631 published
at 77 FR 26987, May 8, 2012 make the
following correction. On page 26988, in
the third column, in the third
paragraph, in the second parenthetical
of the paragraph, remove ‘‘five’’ and add
in its place ‘‘two’’.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2012–12674 Filed 5–23–12; 8:45 a.m.]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket Nos. 10–90, 07–135, 05–337,
03–109; GN Docket No. 09–51; CC Docket
Nos. 01–92, 96–45; WT Docket No. 10–208;
FCC 12–52]
Connect America Fund; A National
Broadband Plan for Our Future;
Establishing Just and Reasonable
Rates for Local Exchange Carriers;
High-Cost Universal Service Support
Federal Communications
Commission.
ACTION: Final rule; petition for
reconsideration.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) reconsiders and clarifies
certain aspects of the USF/ICC
Transformation Order in response to
various petitions for reconsideration
and/or clarification. We grant in part
and deny in part petitions relating to
certain aspects of eligible
telecommunications carrier (ETC)
reporting obligations, while maintaining
our overall framework for ETC
srobinson on DSK4SPTVN1PROD with RULES
SUMMARY:
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16:02 May 23, 2012
Jkt 226001
accountability. We also grant in part and
deny in part a petition relating to
universal service support adjustments
for carriers with artificially low local
rates, making a minor adjustment in the
timing for the sampling of rates to be
used in calculating any such
adjustments. We also clarify certain
implementation details for both the
reporting requirements and the rate
floor requirement. In addition, we make
a minor adjustment to the rule relating
to the calculation of baseline support for
competitive carriers serving remote
areas of Alaska. We also clarify that the
framework established for rate-of-return
companies to extend broadband upon
reasonable request would take into
account any unique circumstances, such
as backhaul costs, that may impact the
ability of such companies, in Alaska or
elsewhere, to extend broadband to their
customers. We also deny a number of
other requests relating to support for
carriers serving Alaska. We deny a
request to reconsider which 12 months
of revenues will be considered for
purposes of defining Eligible Recovery.
Finally, we deny a request to reconsider
the use of tariff forecasts for calculating
the baseline for rate-of-return carriers.
DATES: Effective June 25, 2012, except
for the amendments made to § 54.313(h)
in this document, which contain
information collection requirements that
are not effective until approved by the
Office of Management and Budget. The
Federal Communications Commission
will publish a document in the Federal
Register announcing the effective date
for that section.
FOR FURTHER INFORMATION CONTACT:
Alexander Minard, Wireline
Competition Bureau, (202) 418–7400 or
TTY: (202) 418–0484 and Victoria
Goldberg, Wireline Competition Bureau,
(202) 418–1520.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Third
Order on Reconsideration in WC Docket
Nos. 10–90, 07–135, 05–337, 03–109;
GN Docket No. 09–51; CC Docket Nos.
01–92, 96–45; WT Docket No. 10–208;
FCC 12–52, released on May 14, 2012.
The full text of this document is
available for public inspection during
regular business hours in the FCC
Reference Center, Room CY–A257, 445
12th Street SW., Washington, DC 20554.
Or at the following Internet address:
https://transition.fcc.gov/Daily_Releases/
Daily_Business/2012/db0514/FCC-1252A1.pdf.
I. Introduction
1. In this Order, we reconsider and
clarify certain aspects of the USF/ICC
Transformation Order, 76 FR 73830,
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
November 29, 2011, in response to
various petitions for reconsideration
and/or clarification. The USF/ICC
Transformation Order represents a
careful balancing of policy goals,
equities, and budgetary constraints. This
balance was required in order to
advance the fundamental goals of
universal service and intercarrier
compensation reform within a defined
budget while simultaneously providing
sufficient transitions for stakeholders to
adapt. While reconsideration of a
Commission’s decision may be
appropriate when a petitioner
demonstrates that the original order
contains a material error or omission, or
raises additional facts that were not
known or did not exist until after the
petitioner’s last opportunity to present
such matters, if a petition simply
repeats arguments that were previously
considered and rejected in the
proceeding, due to the balancing
involved in this proceeding, we are
likely to deny it.
2. With this standard in mind, in this
Order we take several limited actions
stemming from reconsideration
petitions. We grant in part and deny in
part petitions relating to certain aspects
of eligible telecommunications carrier
(ETC) reporting obligations, while
maintaining our overall framework for
ETC accountability. We also grant in
part and deny in part a petition relating
to universal service support adjustments
for carriers with artificially low local
rates, making a minor adjustment in the
timing for the sampling of rates to be
used in calculating any such
adjustments. We also clarify certain
implementation details for both the
reporting requirements and the rate
floor requirement. In addition, we make
a minor adjustment to the rule relating
to the calculation of baseline support for
competitive carriers serving remote
areas of Alaska. We also clarify that the
framework established for rate-of-return
companies to extend broadband upon
reasonable request would take into
account any unique circumstances, such
as backhaul costs, that may impact the
ability of such companies, in Alaska or
elsewhere, to extend broadband to their
customers. We also deny a number of
other requests relating to support for
carriers serving Alaska. We deny a
request to reconsider which 12 months
of revenues will be considered for
purposes of defining Eligible Recovery.
Finally, we deny a request to reconsider
the use of tariff forecasts for calculating
the baseline for rate-of-return carriers.
E:\FR\FM\24MYR1.SGM
24MYR1
Agencies
[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Rules and Regulations]
[Pages 30903-30904]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12674]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 51 and 54
[WC Docket Nos. 10-90, 07-135, 05-337, 03-109; GN Docket No. 09-51; CC
Docket Nos. 01-92, 96-45; WT Docket No. 10-208; FCC 11-161]
Connect America Fund; A National Broadband Plan for Our Future;
Establishing Just and Reasonable Rates for Local Exchange Carriers;
High-Cost Universal Service Support
AGENCY: Federal Communications Commission.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission (Commission) published
in the Federal Register of May 8, 2012, a document announcing the
Office of Management and Budget (OMB) approval of information
collections associated with the Commission's; Connect America Fund; A
National Broadband Plan for Our Future; Establishing Just and
Reasonable Rates for Local Exchange Carriers; High-Cost Universal
Service Support, Report and Order, (Order), released on November 18,
2011. That notice was consistent with the Order, which stated that the
Commission would publish a document in the Federal Register announcing
the
[[Page 30904]]
effective date of those rules once it receives OMB approval. This
document corrects information in the SUPPLEMENTARY INFORMATION section
of that document.
DATES: Effective on May 24, 2012.
FOR FURTHER INFORMATION CONTACT: Alex Minard, Wireline Competition
Bureau, (202) 418-7400; Email: Alexander.Minard@fcc.gov.
SUPPLEMENTARY INFORMATION: The Commission published a document in the
Federal Register of May 8, 2012, (77 FR 26987), announcing OMB's
approval of information collections associated with the Commission's
Order, released on November 18, 2011. That notice was consistent with
the Order, which stated that the Commission would publish a document in
the Federal Register announcing the effective date of those rules once
it receives OMB approval.
In rule FR Doc. 2012-10631 published at 77 FR 26987, May 8, 2012
make the following correction. On page 26988, in the third column, in
the third paragraph, in the second parenthetical of the paragraph,
remove ``five'' and add in its place ``two''.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2012-12674 Filed 5-23-12; 8:45 a.m.]
BILLING CODE 6712-01-P