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]

Download as PDF 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 VerDate Mar<15>2010 16:02 May 23, 2012 Jkt 226001 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: PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 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: VerDate Mar<15>2010 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.

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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
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