Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Rules and Regulations 45575

community may at any time enact

stricter requirements of its own, or

pursuant to policies established by other

Federal, State, or regional entities.

These modified elevations are used to

meet the floodplain management

requirements of the NFIP and are also

used to calculate the appropriate flood

insurance premium rates for new

buildings built after these elevations are

made final, and for the contents in these

buildings.

The changes in base flood elevations

are in accordance with 44 CFR 65.4.

National Environmental Policy Act

This rule is categorically excluded

from the requirements of 44 CFR Part

10, Environmental Consideration. No

environmental impact assessment has

been prepared.

Regulatory Flexibility Act

The Associate Director for Mitigation

certifies that this rule is exempt from

the requirements of the Regulatory

Flexibility Act because modified base

flood elevations are required by the

Flood Disaster Protection Act of 1973,

42 U.S.C. 4105, and are required to

maintain community eligibility in the

NFIP. No regulatory flexibility analysis

has been prepared.

Regulatory Classification

This final rule is not a significant

regulatory action under the criteria of

Section 3(f) of Executive Order 12866 of

September 30, 1993, Regulatory

Planning and Review, 58 FR 51735.

Executive Order 12612, Federalism

This rule involves no policies that

have federalism implications under

Executive Order 12612, Federalism,

dated October 26, 1987.

Executive Order 12778, Civil Justice

Reform

This rule meets the applicable

standards of Section 2(b)(2) of Executive

Order 12778.

List of Subjects in 44 CFR Part 65

Flood insurance, Floodplains,

Reporting and recordkeeping

requirements.

Accordingly, 44 CFR part 65 is

amended to read as follows:

PART 65—[AMENDED]

1. The authority citation for part 65

continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.;

Reorganization Plan No. 3 of 1978, 3 CFR,

1978 Comp., p. 329; E.O. 12127, 44 FR 19367,

3 CFR, 1979 Comp., p. 376.

§ 65.4 [Amended]

2. The tables published under the

authority of § 65.4 are amended as

follows:

State and county Location

Dates and name of newspaper where notice was

published

Chief executive officer of community Effective date of

modification

Community

No.

California: San

Diego (FEMA

Docket No. 7212).

City of Oceanside Mar. 20, 1997, Mar. 27,

1997, North County

Times.

The Honorable Dick Lyon, Mayor,

City of Oceanside, 300 North

Coast Highway, Oceanside, California 92054.

Mar. 4, 1997 ........ 060294

Clorado:

Jefferson

(FEMA Docket No. 7212).

City of Golden ..... Mar. 14, 1997, Mar. 21,

1997, The Golden

Transcript.

The Honorable Jan C. Schenck,

Mayor, City of Golden, 911 Tenth

Street, Golden, Colorado 80401.

Mar. 3, 1997 ........ 080090

Jefferson

(FEMA Docket No. 7212).

Unincorporated

areas.

Mar. 14, 1997, Mar. 21,

1997, The Golden

Transcript.

The Honorable Michelle Lawrence,

Chairperson, Jefferson County

Board of Commissioners, 100 Jefferson County Parkway, Suite

5550, Golden, Colorado 80419.

Mar. 3, 1997 ........ 080087

Texas:

El Paso (FEMA

Docket No.

7212).

City of El Paso .... Mar. 13, 1997, Mar. 20,

1997, El Paso Times.

The Honorable Larry Francis, Mayor,

City of El Paso, Two Civic Center

Plaza, El Paso, Texas 79901–

1196.

Feb. 26, 1997 ...... 480214

Denton (FEMA

Docket No.

7212).

Town of Flower

Mound.

Mar. 20, 1997, Mar. 27,

1997, Flowerplex Pipeline.

The Honorable Larry W. Lipscomb,

Mayor, Town of Flower Mound,

2121 Cross Timbers Road, Flower

Mound, Texas 75208.

Feb. 27, 1997 ...... 480777

Williamson

(FEMA Docket No. 7212).

City of Round

Rock.

Mar. 20, 1997, Mar. 27,

1997, Round Rock

Leader.

The Honorable Charles Culpepper,

Mayor, City of Round Rock, 221

East Main Street, Round Rock,

Texas 78664.

Feb. 27, 1997 ...... 481048

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance.’’)

Dated: August 15, 1997.

Michael J. Armstrong,

Associate Director for Mitigation.

[FR Doc. 97–22942 Filed 8–27–97; 8:45 am]

BILLING CODE 6718–04–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 67

Final Flood Elevation Determinations

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Final rule.

SUMMARY: Base (1% annual chance)

flood elevations and modified base

flood elevations are made final for the

communities listed below. The base

flood elevations and modified base

flood elevations are the basis for the

floodplain management measures that

each community is required either to

adopt or to show evidence of being

already in effect in order to qualify or

remain qualified for participation in the

National Flood Insurance Program

(NFIP).
45576 Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Rules and Regulations

EFFECTIVE DATE: The date of issuance of

the Flood Insurance Rate Map (FIRM)

showing base flood elevations and

modified base flood elevations for each

community. This date may be obtained

by contacting the office where the FIRM

is available for inspection as indicated

in the table below.

ADDRESSES: The final base flood

elevations for each community are

available for inspection at the office of

the Chief Executive Officer of each

community. The respective addresses

are listed in the table below.

FOR FURTHER INFORMATION CONTACT:

Frederick H. Sharrocks, Jr., Chief,

Hazard Identification Branch, Mitigation

Directorate, 500 C Street SW.,

Washington, DC 20472, (202) 646–2796.

SUPPLEMENTARY INFORMATION: The

Federal Emergency Management Agency

makes final determinations listed below

of base flood elevations and modified

base flood elevations for each

community listed. The proposed base

flood elevations and proposed modified

base flood elevations were published in

newspapers of local circulation and an

opportunity for the community or

individuals to appeal the proposed

determinations to or through the

community was provided for a period of

ninety (90) days. The proposed base

flood elevations and proposed modified

base flood elevations were also

published in the Federal Register.

This final rule is issued in accordance

with Section 110 of the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4104,

and 44 CFR part 67.

FEMA has developed criteria for

floodplain management in floodprone

areas in accordance with 44 CFR part

60.

Interested lessees and owners of real

property are encouraged to review the

proof Flood Insurance Study and FIRM

available at the address cited below for

each community.

The base flood elevations and

modified base flood elevations are made

final in the communities listed below.

Elevations at selected locations in each

community are shown.

National Environmental Policy Act

This rule is categorically excluded

from the requirements of 44 CFR part

10, Environmental Consideration. No

environmental impact assessment has

been prepared.

Regulatory Flexibility Act

The Associate Director for Mitigation

certifies that this rule is exempt from

the requirements of the Regulatory

Flexibility Act because final or modified

base flood elevations are required by the

Flood Disaster Protection Act of 1973,

42 U.S.C. 4104, and are required to

establish and maintain community

eligibility in the NFIP. No regulatory

flexibility analysis has been prepared.

Regulatory Classification

This final rule is not a significant

regulatory action under the criteria of

Section 3(f) of Executive Order 12866 of

September 30, 1993, Regulatory

Planning and Review, 58 FR 51735.

Executive Order 12612, Federalism

This rule involves no policies that

have federalism implications under

Executive Order 12612, Federalism,

dated October 26, 1987.

Executive Order 12778, Civil Justice

Reform

This rule meets the applicable

standards of Section 2(b)(2) of Executive

Order 12778.

List of Subjects in 44 CFR Part 67

Administrative practice and

procedure, Flood insurance, Reporting

and recordkeeping requirements.

Accordingly, 44 CFR part 67 is

amended to read as follows:

PART 67—[AMENDED]

1. The authority citation for part 67

continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.;

Reorganization Plan No. 3 of 1978, 3 CFR,

1978 Comp., p. 329; E.O. 12127, 44 FR 19367,

3 CFR, 1979 Comp., p. 376.

§ 67.11 [Amended]

2. The tables published under the

authority of § 67.11 are amended as

follows:

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

ARIZONA

Yavapai County (Unincorporated Areas) (FEMA

Docket No. 7214)

Big Chino Wash:

Just upstream of the Sullivan

Lake Spillway ....................... *4,356

Approximately 600 feet upstream of U.S. Route 89 ..... *4,364

Chino Valley Stream:

Approximately 3,650 feet

downstream of U.S. Route

89 ......................................... *4,406

Approximately 7,550 feet upstream of U.S. Route 89 ..... *4,494

Chino Valley Stream (with

levee):

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Approximately 7,700 feet

downstream of U.S. Route

89 ......................................... *4,378

Approximately 50 feet downstream of U.S. Route 89 ..... *4,434

Santa Cruz Wash:

Approximately 4,200 feet

downstream of Old U.S.

Route 89 .............................. *4,362

Approximately 20,850 feet upstream of Old U.S. Route 89 *4,489

Maps are available for inspection at the Yavapai County

Flood Control District, 255

East Gurley Street, Prescott,

Arizona.

ARKANSAS

Calhoun County (Unincorporated Areas) (FEMA

Docket No. 7214)

Two Bayou Main Canal:

Approximately 300 feet downstream of State Highway 4 .. *113

Just downstream of a railroad

spur located approximately

2,000 feet upstream of confluence of Dogwood Creek .. *123

Just downstream of State

Highway 274 ........................ *127

Approximately 200 feet upstream of divergence from

Two Bayou Old Channel ..... *135

Approximately 900 feet downstream of State Highway

203 and East Camden and

Highland Railroad ................ *155

Approximately 17,540 feet upstream of East Camden and

Highland Railroad ................ *185

Two Bayou Old Channel:

Approximately 300 feet downstream of State Highway

274 ....................................... *120

At County Road ....................... *128

Approximately 1,000 feet

downstream of divergence

from Two Bayou Main Canal *134

Dogwood Creek:

Approximately 200 feet upstream of confluence with

Two Bayou Main Canal ....... *120

Approximately 200 feet upstream of State Highway

274 ....................................... *135

Approximately 200 feet upstream of State Highway

203 ....................................... *175

Approximately 11,680 feet upstream of State Highway

203 ....................................... *205

Dogwood Creek Tributary:

Approximately 700 feet upstream of confluence with

Dogwood Creek ................... *145

Just upstream of an unnamed

road located approximately

8,240 feet above mouth ...... *152
Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Rules and Regulations 45577

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Maps are available for inspection at the Calhoun County

Judge’s Office, County Courthouse (in County Square),

Second and Main Streets,

Hampton, Arkansas.

Little River County (and Incorporated Areas) (FEMA

Docket No. 7214)

Red River:

Approximately 5,000 feet upstream of the Union Pacific

Railroad at County limit ....... +261

Approximately 10.5 miles upstream of Highway 41 ......... +317

East Flat Creek:

Just upstream of Burlington

Northern Railroad ................ +387

Approximately 700 feet upstream of Second Street ..... +425

East Flat Creek Tributary A:

At confluence with East Flat

Creek ................................... +384

Approximately 300 feet upstream of Third Avenue ....... +404

East Flat Creek Tributary B:

At confluence with East Flat

Creek ................................... +406

Approximately 200 feet upstream of Third Avenue ....... +417

Lick Creek:

Approximately 750 feet downstream of Kansas City

Southern Railroad ................ +283

Approximately 3,200 feet upstream of Highway 234 ....... +290

Maps are available for inspection at the City of Foreman,

200 Schuman, Foreman, Arkansas.

Maps are available for inspection at the Little River County

Courthouse, 351 North Second Street, Ashdown, Arkansas.

CALIFORNIA

Ferndale (City), Humboldt

County (FEMA Docket No.

7214)

Eastside Channel:

Approximately 850 feet upstream of Van Ness Avenue *28

Approximately 1 mile upstream

of Van Ness Avenue ........... *39

Francis Creek:

Approximately 1,000 feet

downstream of Turner

Bridge .................................. *20

Approximately 500 feet upstream of Berding Street ..... *65

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Maps are available for inspection at the City of Ferndale

Public Works Department, City

Hall, 834 Main Street, Ferndale, California.

St. Helena (City), Napa County

(FEMA Docket No. 7214)

Sulphur Creek:

At confluence with Napa River *215

At Main Street ......................... *236

Approximately 300 feet upstream of Valley View Street *255

Sulphur Creek Tributary:

At confluence with Sulphur

Creek ................................... *238

Approximately 300 feet upstream of Spring Street ....... *264

Charter Oak Avenue Split Flow:

Approximately 500 feet southwest of the intersection of

Charter Oak Avenue and

Main Street .......................... *238

Maps are available for inspection at the City of St. Helena

City Hall, 1480 Main Street,

St. Helena, California.

Sunnyvale (City), Santa Clara

County (FEMA Docket No.

7188)

Sunnyvale East Channel:

At confluence with Guadalupe

Slough .................................. *8

Approximately 1,900 feet upstream of Tasman Drive ...... *17

Sunnyvale West Channel:

At confluence with Moffett

Channel ............................... *8

Approximately 300 feet upstream of Orbit Court ........... *23

San Francisco Bay:

At Sunnyvale ........................... *8

Maps are available for inspection at the City of Sunnyvale

Department of Public Works,

456 West Olive Avenue,

Sunnyvale, California.

IOWA

Marengo (City), Iowa County

(FEMA Docket No. 7214)

Ponding:

Just south of the Chicago,

Rock Island and Pacific

Railroad, approximately

2,000 feet east of Eastern

Avenue ................................. *735

Approximately 1,000 feet east

of Wallace Avenue .............. *735

North of North Street, between

Court and Eastern Avenues *735

Maps are available for inspection at the City of Marengo

City Hall, 153 East Main

Street, Marengo, Iowa.

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

KANSAS

Lindsborg (City), McPherson

County (FEMA Docket No.

7210)

Cow Creek:

Just upstream of Sheridan

Street ................................... *1,320

At Coronado Avenue ............... *1,333

Maps are available for inspection at the City of Lindsborg

City Hall, 101 South Main,

Lindsborg, Kansas.

LOUISIANA

St. Martin Parish (Unincorporated Areas) (FEMA

Docket No. 7210)

Bayou Long:

At southeastern portion of Parish, east of State Highway

70 ......................................... *6

Maps are available for inspection at the Parish Police Jury,

415 South Main Street, St.

Martinville, Louisiana.

Woodworth (Village), Rapides

Parish (FEMA Docket No.

7214)

Bayou Boeuf:

Just west of the Missouri-Pacific Railroad at the northern

corporate limits .................... *71

Maps are available for inspection at the Village of

Woodworth City Hall, 27

Castor Plunge Road,

Woodworth, Louisiana.

MISSOURI

Lamar (City), Barton County

(FEMA Docket No. 7210)

North Fork Spring River:

At confluence of Unnamed

Tributary A ........................... *936

Just upstream of Burlington

Northern Railroad ................ *940

At Reavley Street Extended .... *942

Unnamed Tributary A:

Approximately 1,300 feet

downstream of Walnut

Street ................................... *936

Just upstream of U.S. Highway 160 ............................... *958

Maps are available for inspection at the City of Lamar City

Hall, 1104 Broadway, Lamar,

Missouri.

NEBRASKA

Stanton County (Unincorporated Areas) (FEMA

Docket No. 7214)

Elkhorn River:
45578 Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Rules and Regulations

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

At Cuming-Stanton County line *1,401

Just upstream of State Highway 15 ................................. *1,411

At Madison-Stanton County

line ....................................... *1,501

Maps are available for inspection at the Stanton County

Courthouse, Planning and

Zoning Office, 804 Ivy Street,

Stanton, Nebraska.

OKLAHOMA

Chelsea (City), Rogers County

(FEMA Docket No. 7214)

North Tributary:

Approximately 330 feet downstream of Sixth Street .......... *692

Just upstream of First Street .. *699

Approximately 2,000 feet upstream of Burlington Northern Railroad ......................... *710

School Tributary:

Just above State Route 28 ..... *714

Just upstream of Ash Street ... *722

South Tributary:

Just upstream of Maple Avenue ....................................... *699

Approximately 4,300 feet

downstream of Fourth Street *714

Town Tributary:

Approximately 440 feet above

confluence with South Tributary ....................................... *697

Approximately 660 feet above

mouth ................................... *698

Maps are available for inspection at the City of Chelsea

City Hall, 637 Olive Street,

Chelsea, Oklahoma.

Rogers County (Unincorporated Areas) (FEMA

Docket No. 7214)

Boggy Creek:

Approximately 1,400 feet

downstream of 193rd Avenue East .............................. *581

At 96th Street North ................ *587

Approximately 160 feet upstream of Dover Place ......... *630

At 106th Street North .............. *657

Dover Tributary 1:

At Dover Place ........................ *615

At confluence approximately

2,800 feet upstream of

Dover Place ......................... *647

Dover Tributary 2:

At confluence with Boggy

Creek ................................... *630

Approximately 200 feet upstream of Dover Place ......... *631

Approximately 1,000 feet upstream of Dover Place ......... *635

Dover Tributary 3:

At confluence with Boggy

Creek ................................... *630

Just upstream of Stone Bridge

Drive .................................... *653

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Just upstream of 106th Street

North .................................... *657

Dover Tributary 4:

At confluence with Boggy

Creek ................................... *641

Approximately 100 feet upstream of Ashford Lane ....... *654

Just upstream of 106th Street

North .................................... *656

Pine Creek:

At confluence with Elm Creek *631

Approximately 1,000 feet upstream of 86th Street North *633

Approximately 300 feet upstream of 92nd Street North *650

Just upstream of 93rd Street

North .................................... *655

Just upstream of 96th Street

North .................................... *679

Pine Creek Tributary:

At confluence with Pine Creek *656

Approximately 720 feet upstream of confluence with

Pine Creek ........................... *663

Pryor Creek:

At the Rogers-Mayes County

line ....................................... *686

Approximately 0.5 mile upstream of confluence of

Flood Retarding Structure

No. 24 Tributary ................... *694

North Tributary:

At confluence of South Tributary ....................................... *690

Just upstream of Burlington

Northern Railroad ................ *708

Just upstream of State Route

28, east-west crossing ......... *732

School Tributary:

At confluence with North Tributary ..................................... *711

Just downstream of Ash Street *721

South Tributary:

At confluence with North Tributary ..................................... *690

Just upstream of Fourth Street *726

Town Tributary:

At confluence with South Tributary ..................................... *695

Approximately 430 feet upstream of confluence ........... *695

Maps are available for inspection at the Rogers County

Planning Commission, Rogers

County Courthouse, 219 South

Missouri, Claremore, Oklahoma.

Wyandotte (Town) and Ottawa County (Unincorporated Areas) (FEMA

Docket No. 7214)

Wyandotte Ditch:

At confluence with Grand Lake

o’ the Cherokees ................. *756

Just above Main Street ........... *761

At eastern corporate limit approximately 3,100 feet upstream of Main Street .......... *780

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

Approximately 3,800 feet upstream of Main Street .......... *789

Maps are available for inspection at the Town of Wyandotte

Town Hall, 14 North Main

Street, Wyandotte, Oklahoma.

Maps are available for inspection at the Ottawa County

Courthouse, 102 East Central,

Miami, Oklahoma.

TEXAS

Collin County (and Incorporated Areas) (FEMA

Docket No. 7214)

Maxwell Creek:

At Hooper Road ...................... *508

Just upstream of FM 544 ........ *533

Approximately 100 feet upstream of McWhirte Road ... *578

Bunny Run South Tributary:

At confluence with Maxwell

Creek ................................... *522

Approximately 4,600 feet upstream of confluence ........... *556

Bunny Run North Tributary:

At confluence with Bunny Run

South Tributary .................... *527

Approximately 2,500 feet upstream of confluence ........... *543

McMillan Tributary:

At confluence with Maxwell

Creek ................................... *561

Approximately 2,000 feet upstream of confluence ........... *575

Maps are available for inspection at the Collin County

Courthouse, 210 South

McDonald Street, McKinney,

Texas.

Maps are available for inspection at the City of Murphy City

Hall, 205 North Murphy Road,

Murphy, Texas.

Maps are available for inspection at the City of Parker City

Hall, 5700 East Parker Road,

Parker, Texas.

Murphy (City), Collin County

(FEMA Docket No. 7214)

Maxwell Creek:

At intersection of Cherokee

Drive and Maxwell Creek

Road .................................... *519

Just downstream of McMillan

Drive .................................... *562

Bunny Run South Tributary:

At confluence with Maxwell

Creek ................................... *522

Approximately 4,600 feet upstream of confluence ........... *556

Bunny Run North Tributary:

At confluence with Bunny Run

South Tributary .................... *527

Approximately 2,500 feet upstream of confluence ........... *543

McMillan Tributary:
Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Rules and Regulations 45579

Source of flooding and location

# Depth in

feet above

ground.

*Elevation

in feet

(NGVD)

At confluence with Maxwell

Creek ................................... *561

Approximately 2,000 feet upstream of confluence ........... *575

Maps are available for inspection at the City of Murphy City

Hall, 205 North Murphy Road,

Murphy, Texas.

UTAH

St. George (City), Washington

County (FEMA Docket No.

7214)

Virgin River:

Approximately 4,400 feet

downstream of confluence

with Middleton Wash ........... *2,567

Approximately 2,700 feet upstream of confluence with

Middleton Wash ................... *2,583

Approximately 9,900 feet upstream of confluence with

Middleton Wash ................... *2,601

Maps are available for inspection at the City of St. George

Engineering Department, 175

East 200 North, St. George,

Utah.

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance’’)

Dated: August 15, 1997.

Michael J. Armstrong,

Associate Director for Mitigation.

[FR Doc. 97–22940 Filed 8–27–97; 8:45 am]

BILLING CODE 6718–04–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 51

[CC Docket No. 96–98; FCC 97–295]

Implementation of the Local

Competition Provisions in the

Telecommunications Act of 1996

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Third Order on

Reconsideration (Order) released August

18, 1997 addresses the obligation of

incumbent local exchange carriers

(LECs) to provide unbundled access to

interoffice transport facilities on a

shared basis. The Order clarifies the

definition of shared transport as a

network element which includes the

same transport links and routing table as

used by the incumbent local exchange

carrier. The effect of this rule will be to

allow competitive carriers to share in

the scale and scope benefits of the

incumbent LEC’s network, thus

increasing competition opportunities in

the local exchange and exchange access

market.

EFFECTIVE DATE: The stay of 47 CFR

51.501 through 51.515, 51.601 through

51.611, 51.705 through 51.715, and

51.809 effective October 15, 1996 (62 FR

662, Jan. 6, 1997) was lifted by the

United States Court of Appeals for the

Eighth Circuit effective July 18, 1997.

The amendments to 47 CFR part 51

made in this final rule are effective

September 29, 1997.

FOR FURTHER INFORMATION CONTACT:

Kalpak Gude, Attorney, Common

Carrier Bureau, Policy and Program

Planning Division, (202) 418–1580. For

additional information concerning the

information collections contained in

this Order contact Judy Boley at (202)

418–0214, or via the Internet at

jboley@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Order

adopted and released August 18, 1997.

The full text of this Order is available

for inspection and copying during

normal business hours in the FCC

Reference Center, 1919 M St., N.W.,

Room 239, Washington, D.C. The

complete text also may be obtained

through the World Wide Web, at http:/

/www.fcc.gov/Bureaus/Common

Carrier/Orders/fcc97–295.wp, or may be

purchased from the Commission’s copy

contractor, International Transcription

Service, Inc., (202) 857–3800, 1231 20th

St., N.W., Washington, D.C. 20036.

Regulatory Flexibility Analysis

The changes adopted in this Order do

not affect our analysis in the First

Report and Order (61 FR 45476 (August

29, 1996)).

Synopsis of Third Order on

Reconsideration

I. Introduction

1. In this Order, we address two

petitions for reconsideration or

clarification of the Local Competition

and Order regarding the obligation of

incumbent local exchange carriers

(LECs) to provide unbundled access to

interoffice transport facilities on a

shared basis. Implementation of the

Local Competition Provisions in the

Telecommunications Act of 1996,

Report and Order, (61 FR 45476 (August

29, 1996)) (Local Competition Order),

Order on Reconsideration, (61 FR 52706

(October 8, 1996)), Second Order on

Reconsideration, 61 FR 66931

(December 19, 1996)), further recon.

pending, aff’d in part and vacated in

part sub. nom. CompTel. v. FCC, 11

F.3d 1068 (8th Cir. 1997) (CompTel),

aff’d in part and vacated in part sub

nom. Iowa Utilities Bd. v. FCC and

consolidated cases, No. 96–3321 et al.,

1997 WL 403401 (8th. Cir., Jul. 18, 1997)

(Iowa Utilities Bd.). We intend to

address petitions for reconsideration of

other aspects of the Local Competition

Order in the future.

2. In the Local Competition Order,

which established rules to implement

sections 251 and 252 of the

Communications Act of 1934 (the Act),

as amended by the Telecommunications

Act of 1996, the Commission required

incumbent LECs ‘‘to provide unbundled

access to shared transmission facilities

between end offices and the tandem

switch.’’ In this reconsideration order,

we first explain that the Local

Competition Order required incumbent

LECs to provide requesting carriers with

access to the same transport facilities,

between the end office switch and the

tandem switch, that incumbent LECs

use to carry their own traffic. We further

explain that, when a requesting carrier

takes unbundled local switching, it

gains access to the incumbent LEC’s

routing table, resident in the switch.

Second, we reconsider the requirement

that incumbent LECs only provide

‘‘shared transport’’ between the end

office and tandem. Section 51.319(d) of

the Commission’s rules requires that

incumbent LECs provide access on an

unbundled basis to interoffice

transmission facilities shared by more

than one customer or carrier. 47 CFR

§ 51.319(d). In this reconsideration

order, we refer to such shared interoffice

transmission facilities as ‘‘shared

transport.’’ For the reasons discussed

below, we conclude that incumbent

LECs should be required to provide

requesting carriers with access to shared

transport for all transmission facilities

connecting incumbent LECs’ switches—

that is, between end office switches,

between an end office switch and a

tandem switch, and between tandem

switches. Third, we conclude that

incumbent LECs must permit requesting

carriers that purchase unbundled shared

transport and unbundled switching to

use the same routing table and transport

links that the incumbent LEC uses to

route and carry its own traffic. By

requiring incumbent LECs to provide

requesting carriers with access to the

incumbent LEC’s routing table and to all

its interoffice transmission facilities on

an unbundled basis, requesting carriers

can route calls in the same manner that

an incumbent routes its own calls and

thus take advantage of the incumbent

LEC’s economies of scale, scope, and