47404 Federal Register / Vol. 62, No. 174 / Tuesday, September 9, 1997 / Proposed Rules

TABLE 1: ADDITIONAL TOTAL HALOGEN DATA—Continued

Fuel type Facility Total Halogen

(ppmw)

Heat Value

(Btu/lb)

No. 6 fuel oil .................................................. American Cyan., Kalamazoo ................................................ <45 (non-detect) ........ 18,571

No. 6 fuel oil .................................................. American Cyan., Kalamazoo ................................................ <45 (non-detect) ........ 18,571

No. 6 fuel oil .................................................. Huntsman Poly, Woodbury .................................................. <100 (non-detect) ...... 18,500

No. 6 fuel oil .................................................. Huntsman Poly, Woodbury .................................................. <100 (non-detect) ...... 18,500

No. 6 fuel oil .................................................. Huntsman Poly, Woodbury .................................................. <100 (non-detect) ...... 18,500

No. 6 fuel oil .................................................. Huntsman Poly, Woodbury .................................................. <100 (non-detect) ...... 18,500

No. 6 fuel oil .................................................. Huntsman Poly, Woodbury .................................................. <100 (non-detect) ...... 18,500

No. 6 fuel oil .................................................. Huntsman Poly, Woodbury .................................................. <100 (non-detect) ...... 18,500

No. 6 fuel oil .................................................. Rohm & Haas, Philadelphia ................................................. 109 ............................ 18,967

No. 6 fuel oil .................................................. Rohm & Haas, Philadelphia ................................................. 110 ............................ 18,881

No. 6 fuel oil .................................................. Rohm & Haas, Philadelphia ................................................. 171 ............................ 18,976

No. 6 fuel oil .................................................. Rohm & Haas, Bristol ........................................................... 180 ............................ 18,400

No. 6 fuel oil .................................................. Rohm & Haas, Philadelphia ................................................. 840 ............................ 18,300

No. 6 fuel oil .................................................. Rohm & Haas, Philadelphia ................................................. 840 ............................ 18,600

No. 6 fuel oil .................................................. Rohm & Haas, Philadelphia ................................................. 590 ............................ 18,400

No. 6 fuel oil .................................................. Rohm & Haas, Philadelphia ................................................. 660 ............................ 18,300

No. 6 fuel oil .................................................. Rohm & Haas, Philadelphia ................................................. 1000 .......................... 18,400

TABLE 2: TOTAL HALOGEN DATA FROM PROPOSED RULE

No. 2 fuel oil .................................................. EPA sample 8835–001 ........................................................ <25 (non-detect) ........ 19,583

No. 2 fuel oil .................................................. EPA sample 8835–002 ........................................................ <25 (non-detect) ........ 19,610

No. 2 fuel oil .................................................. EPA sample 8835–003 ........................................................ <25 (non-detect) ........ 19,823

No. 2 fuel oil .................................................. EPA sample 8835–004 ........................................................ <25 (non-detect) ........ 19,755

No. 2 fuel oil .................................................. EPA sample 8835–005 ........................................................ <25 (non-detect) ........ 19,763

No. 2 fuel oil .................................................. EPA sample 8835–006 ........................................................ <25 (non-detect) ........ 19,891

No. 2 fuel oil .................................................. EPA sample 8835–007 ........................................................ <25 (non-detect) ........ 19,570

No. 2 fuel oil .................................................. EPA sample 8835–008 ........................................................ <25 (non-detect) ........ 19,865

No. 2 fuel oil .................................................. EPA sample 8835–009 ........................................................ <25 (non-detect) ........ 19,942

No. 2 fuel oil .................................................. EPA sample 8835–010 ........................................................ <25 (non-detect) ........ 20,000

No. 2 fuel oil .................................................. EPA sample 8835–011 ........................................................ <25 (non-detect) ........ 19,745

Gasoline ........................................................ EPA sample 8835–001 ........................................................ <25 (non-detect) ........ 19,506

Gasoline ........................................................ EPA sample 8835–002 ........................................................ <25 (non-detect) ........ 19,394

Gasoline ........................................................ EPA sample 8835–003 ........................................................ <25 (non-detect) ........ 19,687

Gasoline ........................................................ EPA sample 8835–004 ........................................................ <25 (non-detect) ........ 19,420

Gasoline ........................................................ EPA sample 8835–005 ........................................................ <25 (non-detect) ........ 19,189

Gasoline ........................................................ EPA sample 8835–006 ........................................................ <25 (non-detect) ........ 19,924

Gasoline ........................................................ EPA sample 8835–007 ........................................................ <25 (non-detect) ........ 19,373

Gasoline ........................................................ EPA sample 8835–008 ........................................................ <25 (non-detect) ........ 19,552

Dated: August 25, 1997.

Elizabeth A. Cotsworth,

Acting Director Office of Solid Waste.

[FR Doc. 97–23843 Filed 9–8–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 54 and 64

[CC Docket Nos. 96–45; 97–21; FCC 97–

292]

Changes to the Board of Directors of

the National Exchange Carrier

Association, Inc. and Federal-State

Joint Board on Universal Service

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Further Notice of

Proposed Rulemaking released August

15, 1997 proposes to amend the

Commission’s rules regarding revenue

information submitted to NECA by TRS

contributors. The proposed rules would

permit USAC, NECA, to the extent that

it is acting on behalf of USAC, and the

permanent universal service

Administrator, to use revenue data

submitted to the TRS Administrator by

TRS contributors in order to verify

revenue information provided on the

Universal Service Worksheet by

contributors to the universal service

support mechanisms.

DATES: Comments are to be filed on or

before September 11, 1997. Reply

comments are to be filed on or before

September 26, 1997.

ADDRESSES: Office of the Secretary,

Federal Communications Commission,

1919 M Street, NW., Room 222,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Valerie Yates, Legal Counsel, Common

Carrier Bureau, (202) 418–1500 or

Sheryl Todd, Common Carrier Bureau,

(202) 418–7400.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Further

Notice of Proposed Rulemaking adopted

and released on August 15, 1997. The

full text is available for inspection and

copying during normal business hours

in the FCC Reference Center (Room

239), 1919 M St., N.W., Washington,

D.C. Pursuant to the

Telecommunications Act of 1996, the

Commission released a Notice of

Proposed Rulemaking and Order

Establishing a Joint Board, Federal-State

Joint Board on Universal Service, CC

Docket No. 96–45, on March 8, 1996 (61

FR 10499 (March 14, 1996)), a
Federal Register / Vol. 62, No. 174 / Tuesday, September 9, 1997 / Proposed Rules 47405

Recommended Decision on November 8,

1996 (61 FR 63778 (December 2, 1996)),

a Public Notice seeking comment on

rules to implement § § 254 and 214(e) of

the Communications Act of 1934, as

amended, relating to universal service

on November 18, 1996 (61 FR 63778

(December 2, 1996)), a Notice of

Proposed Rulemaking in Changes to the

Board of Directors of the National

Exchange Carrier Association, Inc. in CC

Docket No. 97–21, on January 10, 1997

(62 FR 2636 (January 17, 1997)), a

Report and Order in Federal-State Joint

Board on Universal Service, CC Docket

No. 96–45, on May 8, 1997 (62 FR 32862

(June 17, 1997)), and a Report and Order

and Second Order on Reconsideration

in Changes to the Board of Directors of

the National Exchange Carrier

Association, Inc. and Federal-State Joint

Board on Universal Service, CC Docket

Nos. 97–21 and 96–45, on July 18, 1997

(62 FR 41294 (August 1, 1997)). The

Further Notice of Proposed Rulemaking

certifies, pursuant to section 605(b) of

the Regulatory Flexibility Act (RFA),

that the proposed rule amendments

would not have a significant economic

impact on a substantial number of small

entities and seeks comment on this

tentative conclusion.

Summary of Further Notice of Proposed

Rulemaking

I. Further Notice of Proposed

Rulemaking

In this Further Notice of Proposed

Rulemaking (FNPRM) we propose to

amend § 64.604(c)(4)(iii)(I) of the

Commission’s rules to permit the use of

TRS Fund revenue data by USAC,

NECA, to the extent that it is acting on

behalf of USAC, and the permanent

universal service Administrator to

enable those entities to verify revenue

information provided by contributors

pursuant to the Universal Service

Worksheet. Although

§ 64.604(c)(4)(iii)(I) specifically provides

that the Commission may order the

disclosure of the underlying revenue

data contained in the TRS Fund

database, we note that the rule also

imposes limitations regarding

permissible use of the data. Therefore,

in light of the limitations imposed on

NECA by § 64.604(c)(4)(iii)(I) regarding

permissible use of the data, and

consistent with our prior practice, we

propose to amend the rule rather than

directing NECA, in its capacity as TRS

Administrator, to disclose the data to

the universal service Administrator.

Accordingly, we propose to amend the

rule to state that the TRS Fund data also

may be used by USAC, NECA, to the

extent that it is acting on behalf of

USAC, and the permanent universal

service Administrator, for the purpose

of verifying revenue information

provided by contributors to the

universal service support mechanisms.

We further propose to amend

§ 54.711(b) to clarify that, except as

specified here, the duty of NECA,

USAC, and the permanent

Administrator to keep confidential all

data obtained from universal service

contributors, not to use such data except

as provided in the proposed rule

amendment, and not to disclose the

information in company-specific form

unless directed to do so by the

Commission extends to data obtained

from the TRS Fund as well.

We tentatively conclude that these

proposed amendments are sufficient to

maintain the confidentiality of the TRS

Fund revenue data disclosed to the

universal service Administrator in light

of the restrictions we propose to impose

upon their use. We seek comment on

this tentative conclusion and the

proposed rule amendments set forth

below.

II. Procedural Matters

A. Ex Parte

The FNPRM is a permit-but-disclose

notice and comment rulemaking

proceeding. Ex parte presentations are

permitted, except during the Sunshine

Agenda period, provided they are

disclosed as provided in the

Commission’s rules.

B. Regulatory Flexibility

Section 603 of the Regulatory

Flexibility Act (RFA), as amended,

requires an Initial Regulatory Flexibility

Analysis in notice and comment

rulemaking proceedings, unless the

head of the agency certifies that ‘‘the

rule will not, if promulgated, have a

significant economic impact on a

substantial number of small entities.’’

The FNPRM portion of this proceeding

applies only to NECA’s obligation to

disclose certain TRS Fund data to the

universal service Administrator.

For the purposes of this FNPRM, the

RFA defines a ‘‘small business’’ to be

the same as a ‘‘small business concern’’

under the Small Business Act, unless

the Commission has developed one or

more definitions that are appropriate to

its activities. Under the Small Business

Act, a ‘‘small business concern’’

includes a small organization, which is

defined as a non-profit enterprise that is

independently owned and operated and

is not dominant in its field. NECA is a

non-profit, quasi-governmental

association that was created to

administer the Commission’s interstate

access tariff and revenue distribution

processes. Therefore, NECA is not a

small organization within the meaning

of the RFA. Furthermore, this FNPRM

does not apply to other ‘‘small business

concerns’’ because it proposes to modify

a rule that applies only to NECA. For

this reason, we tentatively conclude that

these proposals would not have a

significant economic impact on a

substantial number of small entities.

We therefore certify, pursuant to

section 605(b) of the RFA, that the

proposed rule amendments would not

have a significant economic impact on

a substantial number of small entities.

We seek comment on this tentative

conclusion. The Commission shall

publish this certification in the Federal

Register, and shall provide a copy of

this FNPRM, including this

certification, to the Chief Counsel for

Advocacy of the Small Business

Administration.

C. Effective Date

We find that the conclusions adopted

herein should become effective

immediately upon release of the Order.

D. Procedures for Filing Comments

We invite comment on the proposed

rule amendments, issues, and tentative

conclusion set forth in the Further

Notice of Proposed Rulemaking.

Pursuant to applicable procedures set

forth in § § 1.415 and 1.419 of the

Commission’s rules, interested parties

may file FNPRM comments on or before

September 11, 1997 and reply

comments on or before September 26,

1997. To file formally in this

proceeding, parties must file an original

and six copies of all comments, reply

comments, and supporting comments.

Parties that want each Commissioner to

receive a personal copy, must file an

original plus eleven copies. Parties

should send comments and reply

comments to Office of the Secretary,

Federal Communications Commission,

1919 M Street, N.W., Room 222,

Washington, D.C. 20554. Five courtesy

copies should also be sent to Sheryl

Todd at 2100 M Street, N.W., Room

8611, Washington, D.C. 20554. Parties

should also file one copy of any

document filed in this docket with the

Commission’s copy contractor,

International Transcription Services,

Inc. (ITS), 2100 M Street, N.W., Suite

140, Washington, D.C. 20037. ITS’s

telephone number is 202–857–3800.

Comments and reply comments will be

available for public inspection during

regular business hours in the FCC

Reference Center, Room 239, 1919 M

Street, N.W., Washington, D.C. 20554.

Comments and reply comments must
47406 Federal Register / Vol. 62, No. 174 / Tuesday, September 9, 1997 / Proposed Rules

include a concise summary of the

substantive arguments raised in the

pleading.

Parties are also asked to submit

comments on diskette. Diskette

submissions would be in addition to

and not a substitute for the formal filing

requirements addressed above. Parties

submitting diskettes should submit

them to Sheryl Todd at 2100 M Street,

N.W., Room 8611, Washington, D.C.

20554. Such a submission should be on

a 3.5 inch diskette in an IBM compatible

format using WordPerfect 5.1 for

Windows software in a ‘‘read only’’

mode. The diskette should be

accompanied by a cover letter. For

further information concerning this

proceeding, contact Sheryl Todd,

Accounting and Audits Division,

Common Carrier Bureau at 202–418–

7400.

III. Ordering Clauses

It is further ordered, pursuant to

sections 1–4, 254 of the

Communications Act of 1934, as

amended, 47 U.S.C. § § 151–154, and

254 that notice is hereby given of

proposed amendments to parts 64 and

54 of the Commission’s Rules, 47 CFR

parts 64 and 54, as described in the

further notice of proposed rulemaking

in CC Docket No. 97–21 and comments

are requested as described above.

List of Subjects

47 CFR part 54

Universal service.

47 CFR part 64

Communications common carriers.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Parts 54 and 64 of title 47 of the Code

of Federal Regulations are proposed to

be amended as follows:

PART 54—UNIVERSAL SERVICE

1. The authority citation for part 54

continues to read as follows:

Authority: 47 U.S.C. Secs. 1, 4(i), 201, 214,

and 254, unless otherwise noted.

2. Section 54.711 is proposed to be

amended by revising paragraph (b) to

read as follows:

Section 54.711 Contributor reporting

requirements.

* * * * *

(b) The Commission shall have access

to all data reported to the Administrator,

Schools and Libraries Corporation, and

Rural Health Care Corporation.

Contributors may make requests for

Commission nondisclosure of companyspecific information under § 0.459 of

this chapter at the time that the subject

data are submitted to the Administrator.

The Commission shall make all

decisions regarding nondisclosure of

company-specific information. The

Administrator, Schools and Libraries

Corporation, and Rural Health Care

Corporation shall keep confidential all

data obtained from contributors,

including all data obtained from the

Administrator of the

Telecommunications Relay Service

Fund, shall not use such data except for

purposes of administering the universal

service support programs, and shall not

disclose such data in company-specific

form unless directed to do so by the

Commission.

* * * * *

PART 64—MISCELLANEOUS RULES

RELATING TO COMMON CARRIERS

1. The authority citation for part 64

continues to read as follows:

Authority: 47 U.S.C. Sec. 154 unless

otherwise noted.

2. Section 64.604 is amended by

revising paragraph (c)(4)(iii)(I) to read as

follows:

Section 64.604 Mandatory minimum

standards.

* * * * *

(c) * * *

(4) * * *

(iii) * * *

(I) Information filed with the

administrator. The administrator shall

keep all data obtained from contributors

and TRS providers confidential and

shall not disclose such data in

company-specific form unless directed

to do so by the Commission. The

administrator shall not use such data

except for purposes of administering the

TRS Fund, enabling the universal

service Administrator to verify revenue

information provided by contributors to

the universal service support

mechanisms, calculating the regulatory

fees of interstate common carriers, and

aggregating such fee payments for

submission to the Commission. The

Commission shall have access to all data

reported to the administrator, and

authority to audit TRS providers.

* * * * *

[FR Doc. 97–23828 Filed 9–8–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–193, RM–9125]

Radio Broadcasting Services;

Kaunakakai, HI

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition for rule making

filed on behalf of Native Hawaiian

Broadcasting seeking the allotment of

FM Channel 272C to Kaunakakai,

Hawaii, as that community’s first local

aural transmission service. Coordinates

used for this proposal are 21–05–30 and

157–01–24.

DATES: Comments must be filed on or

before October 20, 1997, and reply

comments on or before November 4,

1997.

ADDRESSES: Secretary, Federal

Communications Commission,

Washington, DC 20554. In addition to

filing comments with the FCC,

interested parties should serve the

petitioner’s counsel, as follows: Dan J.

Alpert, Esq., The Law Office of Dan J.

Alpert, 2120 N. 21st Rd., Suite 400,

Arlington, VA 22201.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, 202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

97–193, adopted August 20, 1997, and

released August 29, 1997. The full text

of this Commission decision is available

for inspection and copying during

normal business hours in the FCC’s

Reference Center (Room 239), 1919 M

Street, NW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Service, Inc., 1231 20th

Street, NW., Washington, DC 20036,

(202) 857–3800.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.