Federal Register / Vol. 63, No. 90 / Monday, May 11, 1998 / Proposed Rules 25811

TABLE 1. WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued

Facility Address Waste description

(7) Notification Requirements: Occidental Chemical must provide a one-time written notification to any State Regulatory Agency to which or through which the debited waste described above will be transported for disposal at least 60 days prior to the commencement of such activities. Failure to provide such a notification will result in a violation of

the delisting petition and a possible revocation of the decision.

* * * * * * *

TABLE 2. WASTES EXCLUDED FROM SPECIFIC SOURCES

Facility Address Waste description

* * * * * * *

Occidental Chemical .......... Ingleside, Texas ........ Limestone sludge, (at a maximum generation of 1,114 cubic yards per calendar year)

Rockbox Residue, (at a maximum generation of 128 cubic yards per calendar year) and

Caustic Neutralized Wastewater, (at a maximum generation of 148,282 cubic yards per

calendar year) generated by Occidental Chemical using the wastewater treatment process to treat the Rockbox Residue, the Limestone Sludge, and the Caustic Neutralized

Wastewater (EPA Hazardous Waste No. K019, K020. Occidental Chemical must implement a testing program that meets conditions found in Table 1. Wastes Excluded From

Non-Specific Sources for the petition to be valid.

* * * * * * *

[FR Doc. 98–12427 Filed 5–8–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR 61

[IB Docket No. 98–60; FCC 98–78]

Policies and Rules for Alternative

Incentive Based Regulation of Comsat

Corporation

AGENCY: Federal Communications

Commission.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Commission has issued a

notice of proposed rulemaking to

consider replacing traditional rate of

return regulation with an alternative

incentive based regulation plan for

Comsat Corporation (‘‘Comsat’’) with

respect to Comsat’s provision of

INTELSAT switched voice, private line

and occasional-use video services to

those markets where the Commission

finds it dominant. The Commission

believes that its current rate of return

regulation that would be applicable to

Comsat’s dominant markets may no

longer be an efficient or effective means

of regulating Comsat’s rates and may not

create adequate efficiency incentives for

Comsat. Therefore, the Commission

invites interested parties to file

comments in response to the

Commission’s tentative conclusions set

forth in the notice of proposed

rulemaking regarding alternative

incentive based regulation for Comsat’s

dominant markets.

DATES: Interested parties may file

comments by May 26, 1998 and reply

comments by June 5, 1998.

ADDRESSES: Office of the Secretary,

Federal Communications Commission,

1919 M Street, NW., Washington, D.C.

20554.

FOR FURTHER INFORMATION CONTACT:

Daniel Connors, International Bureau,

Satellite Policy Branch, (202) 418–0755;

or Kathleen Campbell, International

Bureau, Satellite Policy Branch (202)

418–0753.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rulemaking in IB Docket No.

98–60 that is contained in the

Commission’s Order and Notice of

Proposed Rulemaking; FCC 98–78,

adopted April 24, 1998, and released

April 28, 1998. The complete text of the

Order and Notice of Proposed

Rulemaking is available for inspection

and copying during normal business

hours in the FCC Reference Center

(Room 239), 1919 M Street, NW.

Washington, D.C., and from the

Commission’s world-wide-web page on

the Internet (http://www.fcc.gov), and

also may be purchased from the

Commission’s copy contractor,

International Transcription Service,

(202) 857–3800, 2100 M Street, NW.,

Suite 140, Washington, D.C. 20037.

Because this Notice of Proposed

Rulemaking contains information

collections that affect less than 10

persons and, therefore, is not subject to

the Paperwork Reduction Act of 1995,

Public Law 104–13. As required by

section 603 of the Regulatory Flexibility

Act, the Commission has prepared an

Initial Regulatory Flexibility

Certification certifying that the

proposed rule will not impact small

entities.

1. The Initial Regulatory Flexibility

Certification necessary to comply with

the Regulatory Flexibility Act, 5 U.S.C.

§ 601 et seq., is set forth below.

2. The Paperwork Reduction Act does

not apply to the rules adopted herein

because such rules apply to less than 10

persons.

Initial Regulatory Flexibility

Certification

3. The Regulatory Flexibility Act

(‘‘RFA’’) requires that an initial

regulatory flexibility analysis be

prepared for notice-and-comment

rulemaking proceedings, unless the

agency certifies that ‘‘the rule will not,

if promulgated, have a significant

economic impact on a substantial

number of small entities.’’ U.S.C.

§ 605(b). The RFA generally defines

‘‘small entity’’ as having the same

meaning as the terms ‘‘small business,’’

‘‘small organization,’’ and ‘‘small

governmental jurisdiction.’’ Id. § 601(6).

In addition, the term ‘‘small business’’

has the same meaning as the term

‘‘small business concern’’ under the

Small Business Act. Id. § 601(3). A small

business concern is one which: (a) is
25812 Federal Register / Vol. 63, No. 90 / Monday, May 11, 1998 / Proposed Rules

independently owned and operated; (b)

is not dominant in its field of operation;

and (c) satisfies any additional criteria

established by the Small Business

Administration (‘‘SBA’’). See 15 U.S.C.

§ 632.

4. The Order and Notice of Proposed

Rulemaking is an order reclassifying

Comsat as a non-dominant common

carrier in certain INTELSAT markets.

The Order and Notice of Proposed

Rulemaking contains a notice of

proposed rulemaking (‘‘Notice‘‘)

proposing rules that will apply to

Comsat. The Notice indicates that the

Commission will consider replacing the

current rate of return regulations

applicable to Comsat’s INTELSAT

switched voice, private line and

occasional-use video services in the

markets, where Comsat continues to be

subject to dominant common carrier

regulation, with an alternative form of

incentive based regulation similar to a

price cap. The Notice tentatively

concludes: (a) that any alternative

incentive based regulation plan that the

Commission adopts for Comsat with

respect to its services in dominant

markets remain in effect for an

indefinite period of time, rather than

expiring after three years; and (b) that

any alternative incentive based

regulation plan that the Commission

adopts for Comsat with respect to its

services in dominant markets allow all

users of Comsat’s service in dominant

markets to benefit from a competitive or

‘‘transaction’’ rate rather than the nondiscounted tariffed rate that would

result from Comsat’s uniform pricing

commitment. The Notice invites Comsat

and other interested parties to comment

on these tentative conclusions. If

commenters believe that the proposed

rules discussed in the in Notice require

additional RFA analysis, they should

include a discussion of this in their

comments.

5. The Commission has not developed

a definition of small entities applicable

to satellite service licensees. Therefore,

the applicable definition of small entity

is the definition under the SBA rules

applicable to Communications Services

‘‘Not Elsewhere Classified.’’ This

definition provides that a small entity is

one with $11 million or less in annual

receipts. 13 CFR § 121.201. The

proposed rules will apply only to

Comsat’s INTELSAT services in markets

where the Commission finds Comsat

dominant. Comsat’s 1996 INTELSAT

revenues were in excess of $11 million.

Thus, Comsat does not qualify as a

small entity under the SBA’s definition.

We therefore certify that the proposed

rules in this Notice will not apply to any

small entities.

6. The Commission’s Office of Public

Affairs, Reference Operations Division,

will send a copy of this Notice,

including this certification, to the Chief

Counsel for Advocacy of the SBA.

List of Subjects in 47 CFR 61

Satellites.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 98–12406 Filed 5–8–98; 8:45 am]

BILLING CODE 6712–01–F