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No. 167 / Wednesday, August 28, 1985 / Rules and Regulations 34809

This amendment was submitted to the

Office of Management and Budget

(OMB) for review as required by

Executive Order 12291.

B. Regulatory Flexibility Act

This amendment will not have a

significant economic impact on small

entities. Consistent with the purposes of

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

601 et seq., small manufacturers have

been defined and excluded from

manufacturer reporting requirements.

C. Paperwork Reduction Act

The information collection

requirements contained in this rule have

been approved by the Office of

Management and Budget (OMB) under

the Paperwork Reduction Act of 1980, 44

U.S.C. 3501 et seq. and have been

assigned OMB Control Number 2070-

0054.

List of Subjects in 40 CFR Part 712

Chemicals, Envircnmental protection, and Reporting and recordkeeping

requirements.

Dated: August 20, 1985.

Lee M. Thomas,

Administrator.

Therefore, 40 CFR Part 712 is

amended as follows:

PART 712-[AMENDED]

1. The authority citation for Part 712

continues to read as follows:

Authority: 15 U.S.C. 2607.

2. In § 712.1 by redesignating the

existing text as paragraph (a) and

adding a new paragraph (b) to read as

follows:

§ 712.1 Scope and compliance.

(b) Chemical substances, mixtures,

and categories of substances or mixtures

which have been recommended by the

Interagency Testing Committee for

testing consideration by the Agency but

not designated for Agency response within 12 months, will be added to

§ 712.30 using the procedure specified in

§ 712.30(c) only to the extent that the

total number of designated and

recommended chemicals has not

exceeded 50 in any 1 year. Additional

recommended but not designated

chemicals may be added after proposal,

and consideration of public comment.

3. In § 712.30 by revising paragraph (c)

to read as follows:

§ 712.30 Chemical lists and reporting

periods.

* *t ,* * *

(c) Chemical substances, mixtures,

and categories of substances or mixtures

that have been added by the

Interagency Testing Committee,

established under section 4(e) of TSCA,

to the section 4(e) Priority List, for

testing consideration by the Agency,

will be added to this section 30 days

after EPA issues for publication in the

Federal Register a rule amendment

listing these chemical substances,

mixtures and categories. A Preliminary

Assessment InformationManufacturer's Report must be

submitted for each chemical substance

and mixture within 60 days after the

effective date of the listing. At the

discretion of the Assistant

Administrator for Pesticides and Toxic

Substances, a listed substance, mixture

or category may be withdrawn, for good

cause, from the rule's reporting

requirements prior to the effective date.

Any-information submitted showing

why a substance, mixture or category

should be removed from the rule must be

received by EPA within 14 days after the

date of publication of the notice under

this paragraph. If a substance, mixture

or category is removed, a Federal

Register notice announcing this decision

will be published no later than the

effective date of the amendment. Any

information submitted must be

addressed to: Document Control Officer,

Office of Pesticides and Toxic

Substances, (TS-793), Environmental

Protection Agency, 401 M Street, SW.,

Washington D.C. 20460, ATTN: 8(a)

Auto-ITC.

[FR Doc. 85-20549 Filed 8-27-85; 8:45 am]

BILLING CODE 6560-50-M

40 CFR Part 716

[OPTS-84010A; FRL 2881-8(b)]

Health and Safety Data Reporting;

Submission of Lists and Copies of

Health and Safety Studies

ACENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule amends the

automatic reporting provision of the

Health and Safety Data Reporting rule

under section 8(d) of the Toxic

Substances Control Act (TSCA). The

amendment changes 40 CFR 716.18(b) to

require, without separate proposal and

comment, reporting of unpublished health and safety studies on chemicals

recommended for testing consideration

by the Interagency Testing Committee

(ITC) but not designated for action by

EPA within 12 months. Two other

amendments are also included. One

allows for the removal of ITCrecommended chemicals by the

Assistant Administrator for Pesticides

and Toxic Substances before the

effective date of an amendment adding

ITC-recommended chemcials .to the

section 8(d) rule. The other amendment

modifies the procedures for requesting

reporting deadline extensions.

DATES: In accordance with 40 CFR 23.5

(50 FR 7271), this regulation shall be

proriulgated for purposes of judicial

review at 1 p.m. Eastern daylight time

on September 11, 1985. This regulation

shall become effective on October 11,

1985.

FOR FURTHER INFORMATION CONTACT:

Edward A. Klein, Director, TSCA

Assistance Office (TS-799), Office of

Toxic Substances, Environmental

Protection Agency, Rm. E-543, 401 M

Street SW., Washington, D.C. 20460. Toll

free: (800-424-9065). In Washington,

D.C.: (554-1404). Outside the USA:

(Operator-202-554-1404).

SUPPLEMENTARY INFORMATION:

I. Introduction

EPA issued a rule under section 8(d)

of TSCA (40 CFR Part 716, Subpart A),

published in the Federal Register of

September 2, 1982 (47 FR 38780), which

requires persons to submit unpublished

health and safety studies on chemicals

listed in § 716.17. The Agency will use

the studies to support its investigations

of the risks posed by chemicals, and, in

particular, to support its decisions

whether to require industry to test

chemicals under section 4 of TSCA.

Persons who have manufactured,

imported or processed; are

manufacturing, importing or processing;

have proposed to manufacture, import or

process; or will propose to manufacture,

import or process the listed chemicals

may be subject to the reporting

requirements of the Health and Safety

Data Reporting Rule. EPA advises these

persons to refer to 40 CFR Part 716 for

complete information on required

submissions.

The September 2, 1982 rule required -reporting on chemicals recommended

for testing by the Interagency Testing

Committee in its First through Fifth

Reports, and on a few other chemicals

which were being reviewed by EPA. The

Agency also included in that rule a

provision for automatically adding to

the rule chemcials recommended for

testing by the ITC and designated for 12-

month Agency response. Thus, very time

the ITC designates a substance in one of

its reports, the Agency will

automatically add the substances to

§ 716.17(b) of the rule and require

reporting within 90 days. Non-ITC

Federal Register / Vol. 50,
34810 Federal Register / Vol. 50, No. 167 I Wednesday, August 28, 1985 I Rules and Regulations

chemicals are added to the rule after a

notice of proposed amendment of

§ 716.17 is published in the Federal

Register. There will be a 30-day public

comment period on the notice; after

consideration of the comments, a final

amendment will identify the substances

and mixtures added.

EPA also proposed to amend § 716.17

by adding the chemicals designated for

priority testing by the ITC in its Sixth

through Tenth Reports (47 FR 38780). On

March 30, 1983 (4Q FR 13178) the final

amendment adding these chemicals to

the rule was published in the Federal

Register.

Subsequent to publication of the

original 8(d) rule, the Agency has used

the automatic reporting provision

described above to add chemicals

designated by'the ITC in its Eleventh,

Twelfth, Thirteenth, Fourteenth, and

Fifteenth Reports (47 FR 54626, 48 FR

24443, 48 FR 55674, 49 FR 22389, 49 FR

46931).

In addition to the chemicals

designated by the ITC in its Eleventh

Report, the ITC also added to its priority

list six substances which it did not

designate for EPA response within 1

year. This was the first time the ITC had

recommended substances without

designating them for a 12-month

response period. Subsequently, one

chemical recommended but not

designated for a 12-month response was

included in the Fourteenth Report of the

ITC. Although the language in

§ 716.18(b) does not specifically limit the

Agency to including only designated

substances, EPA proposed for public

comment an amendment requiring the

automatic reporting on recommended

(non-designated) substances, as

published in the Federal Register of

November 19, 1984 (49 FR 45602). The

comments received on that proposed

rule are addressed in the document cited

in Unit III of this final rule.

The Agency believes that the

automatic addition to the section 8(d)

rule of chemical substances and

mixtures that are recommended but not

designated by the ITC will benefit both

industry and EPA and will provide

valuable information to the Agency in a

more timely manner.

Elsewhere in today's Federal Register,

the Agency is also promulgating similar

automatic reporting requirements for

non-designated ITC recommendations

under the TSCA section 8(a) Preliminary

Assessment Information rule. Under that

rule, persons are required to report

general production, use, and exposure

information to the Agency on chemicals

listed in § 712.30.

This rule was proposed in the Federal

Register of November 19, 1984, (49 FR

45598).

I. Rationale for Automatic Reporting

A. Efficiency

In the past, the ITC has issued its

reports containing designated

-substances on a regular and predictable

time schedule which allowed companies

to plan their reporting activities for

certain times of the year. Similarly, EPA

plans resource allocations for the

processing and analysis of these reports

when they are received.

When non-designated chemicals are

included in ITC reports along with

designated chemicals, reporting by

companies to the Agency will not occur

at the same time if EPA proposes

reporting requirements for the nondesignated substances, receives

comment, and then promulgates a

separate rule amendment adding these

chemicals. That is, at the time the ITC

issued a report, the Agency would

simultaneously add the designated

chemicals to the final 8(d) rule, but only

propose the non-designated chemicals

for reporting. Thus, for one ITC report

which contained both designate4 and

non-designated chemicals, industry has

been required to report at two different

times, coincident with the ITC report

publication for the designated chemicals

and later for the non-designated

chemicals. Some companies may not

have searched for studies on nondesignated chemicals at the time the ITC

recommended them because there was a

chance that the Agency might never

require reporting on them. Assuming

that the ITC continued to recommend

designated and non-designated

chemicals twice a year, industry would

have to plan for four file searches and

reporting periods per year.

The ITC's Tenth and Eleventh Reports

(47 FR 22585 and 47 FR 54626) have

already produced a situation of separate

reporting on both non-designated and

designated substances from the same

category. While not a case of

simultaneous listing by the ITC of

related designated and non-designated

chemicals, this example is illustrative of

the potential impacts of separate

reporting schedules for two related

chemicals or groups of chemicals. In its

Tenth Report, the ITC designated 1,2,4-

trimethylbenzene, while in its Eleventh

Report the ITC recommended but did

not designate mixed trimethyl-benzenes,

1,2,3-trimethylbenzene, and 1,3,5-

trimethylbenzene. The section 8(d)

reporting requirement for 1,2,4-

trimethylbenzene became effective on

March 30, 1983 (48 FR 13178) while that

for the other non-designated

trimethylbenzene became effective on

January 13, 1984 (49 FR 1696). Of the

three domestic manufacturers of these

substances (as determined from the

TSCA Inventory), one manufacturer

produced three of the substances (one

designated and two non-designated), the

second company manufactured two of

the substances (one designated and one

non-designated), and the remaining

manufacturer produced only the

designated member. Thus, for the first

two companies, reporting at different

times of the year eliminated the

efficiencies of reporting on the

designated and non-designated

substances at the same time, as will be

facilitated by this rule.

Furthermore, the Agency believes that

requiring automatic reporting on ITC

non-designated chemicals is justified

from an efficiency (resource) standpoint

for both Government and industry.

Respondents to the section 8(d) rule

generally consist of a core group of

companies that are large and are

actively engaged in testing the

chemicals they manufacture or process.

Also, many of these companies have

established procedures for responding to

future additions of chemicals to the rule

which usually occurs twice per year,

approximately May and November. EPA

believes that it would be less efficient

for such companies to conduct four file

searches per year instead of the two

under the automatic provision. As will

be discussed below, EPA would prefer

not to promulgate each section 8(d)

amendment for non-designated

chemicals long after receipt of the ITC

report because of the long delay in

receiving studies essential to its

assessment process.

B. Concurrent Analysis

In some cases, the Agency will be

considering designated and nondesignated members of a category

concurrently. When the Agency is

evaluating data on these related

substances it will need information on

all of the substances, whether or not

they have been designated by the ITC.

The Agency believes that it would be

inefficient to conduct separate testing

needs, evaluations and rulemakings on

different chemically related substances

that in all likelihood pose similar testing

issues. Therefore, to make the best use

of its resources, EPA prefers to consider

designated and non-designated

substances together. Simultaneous

reporting on designated and nondesignated chemicals recommended in

the same ITC Report will facilitate this.

34810 Federal Register / Vol. 50, No. 167 / Wednesday, August 28, 1985 / Rules and Regulations
No. 167 / Wednesday, August 28, 1985 / Rules and Regulations 34811

C. Opportunity for Withdrawing

Chemicals

Although this regulation does not

provide for notice and comment on the

addition of ITC-recommended chemicals

to the rule, it will amend the rule to

allow persons to submit requests for the

removal of specific chemicals. A person

choosing to submit a request for the

removal of a chemical added through

the automatic mechanism should

promptly submit to the Agency his or

her reasons for that removal. The

chemical may then be withdrawn from

the rule at the Agency's discretion, for

good cause. The Agency will issue a rule

amendment for publication in the

Federal Register when withdrawing a

chemical from the rule. This amendment

will remove the chemical from the

reporting requirements of the rule and

provide the reasons for that removal.

Some possible reasons for removal

could include: (1) The chemical is no

longer manufactured and has not been

for the last 5 years; (2) it is used entirely

as a food, drug, or pesticide; or (3) some

other factor exists that would clearly

warrant the removal of the chemical

from the rule. Any information

submitted must be received by EPA

within 14 days after the date of

publication in the Federal Retister of the

amendment adding the chemical to the

8(d) rule. Based on the submitted

information, the Assistant Administrator

for Pesticides and Toxic Substances

cold revoke the reporting requirement

for that chemical at his or her discretion.

If a chemical is removed, a Federal

Register notice announcing this decision

will be published no later than the

effective date of the amendment. This

notice will explain why the chemical

was removed.

Further, because of the ITC's chemical

selection process, there is little

likelihood that a chemical will be

recommended for testing that is no

longer manufactured or imported, or has

not been for many years, or is

manufactured solely for use as a

pesticide, food or drug. Thus, the

necessity of removing chemicals from

the rule for any of the above reasons

will be extremely remote.

In conclusion, EPA believes that

amending the section 8(d) rule to

provide for automatic reporting on

chemicals recommended but not

designated by the ITC:

1. Will lead to an improved system of

gathering information needed to

evaluate such recommendations and the

risks posed by those chemicals.

2. Will reduce reporting costs for

industry and processing costs for the

Agency.

3. Will still permit subject companies

the opportunity to convince the Agency

that reporting on particular chemicals

may not be necessary.

"I11. Public Comment

The comments received on the

amendment to the TSCA section 8[a)

Preliminary Assessment Information

Rule (PAIR) to require automatic

reporting on chemicals recommended by

the ITC, but not designated for action by

EPA within 12 months, apply also to this

rule and are discussed in the notice to

amend the PAIR rule, found elsewhere

in today's Federal Register.

IV. Chemical Limit

The Office of Management and Budget

(OMB) during its review of the proposed

rule under Executive Order 12291 and

.the Paperwork Reduction Act, suggested that the Agency put a numerical limit on

the number of recommended substances,

mixtures and categories of chemicals

that would be subject to automatic

reporting under sections 8(a) and 8(d) in

any one year. EPA agreed to propose for

public comment such a numerical limit

since EPA's capacity for evaluating

candidates for the initiation of test rules

is limited. If that limit is exceeded, the

Agency will be unable to proceed with

its evaluation of testing candidates in a

timely manner. Further, with such a

backlog, information collected by EPA

under sections 8(a) and 8(d) on those

additional chemicals may go unused.

This would result in an unnecessary

reporting burden for the public and

would be "of no practical utility" to the

Agency, thus violating the Paperwork

Reduction Act's standards for

information collection.

Section 4(e)(1)(A) of TSCA permits the

ITC to designate for EPA's response

within 1 year no more than 50 of its

recommendations at any one time. This

limit was set by Congress in recognition

of the excessive burden that adding too

many chemicals would place on both

EPA and the public. Thus, a limit of 50

ITC-recommended substances, mixtures

or categories per year for automatic

reporting under sections 8(a) and 8(d)

appears to be reasonable and consistent

with the statutory intent. This limit

could be exceeded if necessary to obtain

automatic reporting on all designated

chemicals, but automatic reporting will

be required on recommended chemicals

only to the extent that the total number

of designated and non-designated ITC

recommendations does not exceed 50 in

any year.

In the event that the total number of

ITC-designated and non-designated

recommendations exceeds 50 in a given

year. EPA could still require reporting

on all of them. All of the designated

chemicals could be listed for automatic

reporting. The Agency could require

automatic reporting on the

recommended chemicals until the

overall limit of 50 was reached; it could

require reporting on the remainder by

notice and comment rulemaking if it

believes it can effectively and promptly

evaluate the reported data.

EPA has included language in § 716.1

of this rule limiting the number of

chemicals subject to automatic

reporting.

V. Additional Amendment

The Agency is also amending the

section 8(d) rule by modifying

§ 716.14(c). This section provides for

extensions to reporting deadlines. The

section has been changed to require that

extension requests must be postmarked

on or before 40 days after the effective

date of the listing of a chemical in

§ 716.17. EPA believes that this change

is needed so that EPA will have

adequate time to process the requests

and notify the requester of the Agency's

decision. Also, the extension requests

must be addressed to the Office

Director, Office of Toxic Substances,

who will grant or deny the requests.

VI. Who Must Report

Persons subject to the section 8(d)

Health and Safety Data Reporting rule are specified in 40 CFR 716.4(b).

Additional descriptions were published

in the Federal Register of September 2.

1982 (47 FR 38780).

Generally, a person who

manufactures or processes a chemical or

designated mixture listed in § 716.17 at

the time it is listed, or who has done so

during the previous 10 years, must

comply with this rule.

VII. Confidentiality

Health and safety information about a

chemical that has been offered for

commercial distribution or is subject to

testing under section 4 or notice under

section 5 can be withheld from

disclosure only if certain criteria are

met. EPA advises persons wishing to

assert a business confidentiality claim

on any part of the submitted material to

refer to 40 CFR Part 716.

VIII. Economic Impact

Companies that may be subject to this

rule must perform a number of functions

to determine whether in fact they are in

possession of studies and to provide

them to EPA. Once the firm determines

whether it is subject to the rule, it must

conduct a file search to determine what,

if any, studies are in its possession.

Federal Register / Vol. 50,
34812 Federal Register / Vol. 50, No. 167 I Wednesday, August 28, 1985 I Rules and Regulations

When studies are located, costs will be

incurred to copy the studies, make lists

of studies in progress or known to but

not in the possession of the respondent,

and to review the studies for

confidential information.

The basic methodology used in this

analysis is the same as that used in the

"Reports Impact Analysis for the Health

and Safety Data Reporting Rule, Office

of Toxic Substances, EPA, September

1982." Assumptions regarding the

number and length of reports submitted

per 8(d) reporting rule are based on data

from previous 8(d) rule submissions.

Hourly wage rates used to develop the

cost estimates were updated to fourth

quarter 1984 levels based on an

adjustment using the GNP price deflator.

The exact cost for each amendment

(adding chemicals to the list of those

which require reporting) will depend on

the number of chemicals being added,

and the number of manufacturers and

plant sites involved. The steps

performed by each company (to comply

with the rule) and their unit costs per firm are estimated to be:

Initial corporate review ............................ $152

File search ................................................. 8 69

Title listing .................... 19

Photocopying ............................................... 113

M anagerial review ..................................... 836

Ongoing reporting ...................................... 304

T otal .................................................. 2,093

While this proposed amendment to

the rule may impose additional reporting

costs on companies, it may also reduce

the total cost to some others. For

example, a firm could do a file search at

the same time for both the designated

and the recommended chemicals at the

same cost as for a search done for the

designated chemicals only. Of course

the company will incur additional

reporting costs if they have data on the

recommended chemicals.

EPA does not expect that the

proposed amendment will result in a

significant impact on a substantial

number of small businesses. In a study

of submitters reporting under the model

8(d) rule, it was found that only one of

over 30 reporting companies was below

$100 million in sales. It is expected that

the proposed amendment will not affect

this distribution.

IX. Public Record

EPA has established a public record

(docket number OPTS-84010) for this

rulemaking document which, along with

a complete index, is available for

inspection in Rm. E-107, 401 M Street

SW., Washington, D.C., 20460, from 8

a.m. to 4 p.m., Monday through Friday,

except legal holidays. This record

includes basic information considered

by the Agency in developing this rule.

The record includes the following

categories of information. .

1. Health and Safety Study Reporting

Regulations (40 CFR Part 716), Public

Record, Docket No. 084003.

2. Reports Impact Analysis for 40 CFR

Part 716 and this rulemaking.

3. Tenth through Fifteenth Reports of

the Intergency Testing Committee (ITC);

Tenth Report (47 FR 22585), Eleventh

Report (47 FR 54626), Twelfth Report (48

FR 24443), Thirteenth Report (48 FR

55674), Fourteenth Report (49 FR 22389),

and Fifteenth Report (49 FR 46931).

EPA requests that, between the date

of this notice and the effective date of

this rule, persons identify and report'any

perceived errors or omissions in the

record.

X. Regulatory Assessment Requirements

A. Executive Order 12291

Under Executive Order 12291, EPA

must judge whether a regulation is "major" and, therefore, requires a

Regulatory Impact Analysis. EPA has

determined that these amendments are

not major because they do not have an

effect of $100 million or moi e on the

economy. They are expected to decrease

the annual cost of compliance. They do

not have a significant effect on

competition, cost, or prices.

These amendments were submitted to

the Office of Management and Budget

for review as required by Executive

Order 12291.

B. Regulatory Flexibility Act

These amendments will not have a

significant economic impact on a

substantial number of small entities.

They do not affect the size of the

potential universe of respondents. The

effects on small entities of reporting

under the section 8(d) rule were

discussed in the preamble to the

September 2, 1982 rule.

C. Paperwork Reduction Act

The information collection

requirements contained in this rule have

been approved by the Office of

Management and Budget (OMB) under

the Paperwork Reduction Act of 1980, 44

U.S.C. 3501 et seq. and have been

assigned OMB control number 2070-

0004.

List of Subjects in 40 CFR Part 716

Chemicals, Health and safety,

Environmental protection, Hazardous

substances, Recordkeeping and

reporting requirements.

Dated: August 20, 1985.

Lee M. Thomas,

Administrator.

Therefore, 40 CFR Part 716 is

amended as follows:

PART 716-[AMENDED]

1. The authority citation for Part 716

continues to read as follows:

Authority: 15 U.S.C. 2607.

2. In § 716.1 by redesignating existing

paragraph (b] as paragraph (c) and

adding a new paragraph (b) to read as

follows:

§ 716.1 Scope and compliance.

(b) Chemical substances, mixtures,

and categories of chemicals, which have

been recommended by the Interagency

Testing Committee for testing

consideration by the Agency but not

designated for Agency response within

12 months, will be added to § 716.17 as

specified in § 716.18(b) only to the

extent that the total number of

designated and recommended

substances, mixtures and *categories of

chemicals has not exceeded 50 in any 1

year. Additional recommended but not

designated chemicals may be added

after proposal, and consideration of

public comment.

3. In § 716.14, by revising paragraph

(c) to read as follows:

§ 716.14 Reporting schedule.

(c) Respondents who cannot meet a

deadline under this section may apply

for a reasonable extension of time.

Requests for extensions must be

addressed to: Director, Office of Toxic

Substances (TS-792), Environmental

Protection Agency, 401 M Street SW.,

Washington, D.C. 20460, Attn: Section

8(d) extension. Extension requests must

be postmarked on or before 40 days

after the effective date of the listing of a

substance or mixture in § 716.17. The

Office Director will grant or deny

extension requests.

4. In § 716.18, by revising. paragraph

(b), and adding paragraph (c) to read as

follows:

§ 716.18 Additions to lists of chemicals

and mixtures to which this subpart applies.

(b) Except as provided in paragraph

(c) of this section, chemical substances,

mixtures and categories of chemicals

that have been added to the TSCA

section 4(e) Priority List by the

Interagency Testing Committee,

established under section 4 of TSCA,

34812 Federal Register / Vol. 50, No. 167 / Wednesday, August 28, 1985 / Rules and Regulations
No. 167 / Wednesday, August 28, 1985 / Rules and Regulations 34813

will be added to § 716.17 30 days after

publication of a notice to that effect in

the Federal Register.

(c) Prior to the effective date of an amendment under paragraph (b) of this

section, the Assistant Administrator for

Pesticides and Toxic Substances may

for good cause withdraw a chemical

substance, mixture oi category of

chemicals from § 716.17. Any

information submitted showing why a

chemical should be withdrawn from

§ 716.17 must be received by EPA within

14 days after the date of publication of

the notice under paragraph (b) of this

section. If a chemical substance, mixture

or category of chemicals is withdrawn, a

Federal Register notice announcing this

decision will be published no later than

the effective date of the amendment

under paragraph (b) of this section. Any

information submitted must be

addressed to: Document Control Officer,

Office of Pesticides and Toxic

Substances, (TS-793), Environmental

Protection Agency, 401 M Street SW.,

Washington, D.C. 20460, ATTN: 8(d)

Auto-ITC.

[FR Doc. 85-20548 Filed 8-27-85: 8:45 am]

BILLING CODE 65S60-50-M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Ch. I

ICC Docket No. 79-184; FCC 85-4561

Authorization of CC Facilities To Meet

North Atlantic Telecommunications

Needs During the 1985-1995 Period

AGENCY: Federal Communications

Commission.

ACTION: Report and order.

SUMMARY: This report and order sets

forth the Commission's policy for the

distribution of circuits among available

North Atlantic facilities during the 1986-

1991 period.'The policy adopted by the

Commission specifies that no

distribution guidelines are imposed on

circuits used for the provision of record

services, circuits used by new entrants

for the provision of any service and

circuits used to provide international

message telephone service by any

carriers other than AT&T. AT&T is

permitted, but not required, during the

1986-1988 period to increase, without

de-loading either transmission medium,

the number of its message telephone and

800 Service-Overseas circuits it places

on either cable or satellite facilities by 2

percent per year up to a limit of placing

60 percent of such circuits on either

transmission medium. The Commission

will review, prior to year-end 1988, the

loading guidelines for AT&T to

determine what, if any, methodology

should be utilized after 1988.

EFFECTIVE DATE: August 28, 1985.

ADDRESS: Federal Communications

Commission, 1919 M Street., NW.,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Robert Gosse, International Policy

Division, Common Carrier Bureau,

Federal Communications Commission,

Washington, DC 20554, (202) 632-4047.

SUPPLEMENTARY INFORMATION: The

second notice of proposed rulemaking in

this proceeding was published on May 6.

1985. (50 FR 19050). The third notice of

inquiry was published in August 9, 1984

(49 FR 31926).

Second Report and Order

In the matter of inquiry into the policies to

be followed in the authorization of Common

Carrier Facilities to meet North Atlantic

telecommunications needs during the 1985-

1995 period, CC Docket No. 79-184.

Adopted: August 7,1985. Released: August

22, 1985.

By the Commission.

Table of Contents

I. Introduction

A. Third Notice of Inquiry B. Second Notice of Proposed Rulemaking

Record Services

New Entrants

AT&T IMTS

C. Comments and Reply Comments

Guidelines for Other Than AT&T IMTS

AT&T IMTS

NTIA Proposal

Multi-Tiered Proposal

D. CEPT View

II. Discussion

A. U.S.-CEPT Record Services

B. New Entrants (Record and IMTS)

C. IMTS by Other Than AT&T

D. AT&T IMTS

Need for and Period of Guidelines

Balanced Loading

NTIA Proposal

Multi-tiered Proposal

Phase-in Proposal

AT&T 800 Service

E. ARINC Whole-Circuit Proposal

III. Ordering Clauses

Appendices I and 2

Comparison of Various Loading Guidelines

for AT&T's IMTS Traffic on Satellite

Circuit Revenues and Rates

1. Introduction

1. On April 22, 1985, we released a

Second Notice of Proposed Rulemaking

(NPRM) in this proceeding setting forth

our tentative conclusions regarding the

loading of satellite and submarine cable

facilities used for the provision of

international services in the North

Atlantic region during the 1986-1991

period.' In response to our NPRM, We

have received comments from the

American Telephone and Telegraph

Company (AT&T), the Communications

Satellite Corporation (Comsat), GTE

Sprint Communications Corporation

(GTE Sprint), Hawaiian Telephone

Company (Hawaiian), ITT World

Communications Inc. (ITTWC), MCI

International, Inc. (MCII), RCA Global

Communications, Inc. (RCAGC), I

Satellite Business Systems (SBS), The

Western Union Telegraph Company

(WUT), Fedex International

Transmission Corporation (Fedex), the

National Telecommunications and

formation Administration (NTIA) and

fteronautical Radio, Inc. (ARINC).?

Reply comments were filed by AT&T,

Comsat, GTE Sprint and NTIA.

2. In this Report and Order we affirm,

in part, the tentative conclusions

presented in the NPRM regarding the

loading of facilities used for the

provision of international services in the

North Atlantic region for the 1986-1991

period between the United States and

the CEPT entities.3 Specifically, we

conclude that circuits used for the

provision of international record

services, circuits used by new

entrants,and circuits used to provide

message telephone service by all

international carriers other than AT&T

should not be subjected to circuit

distribution guidelines or loading

requirements. We further conclude that

AT&T should be permitted, but not

required, to increase the number of

message telephone circuits it places on

either cable or satellite facilities by 2

percent per year for three years (1986-

1988). Prior to the end of this three year

period we will review the loading

question to determine what, if any,

I Inquiry into the Policies to be followed in the

Authorization of Common Carrier Facilities to Meet

North Atlantic Telecommunication Needs During

the 1985-1995 Period, FCC 85-176, - FCC

-(1985). We had previously adopted a Notice

of Inquiry on this matter as well. FCC 84-351,

released August 3, 1984. 2 ARINC is a joint venture of the U.S. air

transport industry organized for the purpose of

providing the communications requirements of its

member airlines on a not-for-profit basis.

CEPT is the Conference Europeenne des

Administrations des Postes et des

Telecommunications, an organization of the postal

and telecommunications entities of 26 European

nations. Because the provision of international

services is a joint undertaking between sovereign

states or their carriers, the development of loading

guidelines for the 1986-1991 period has been the

subject of much discussion in recent meetings of the

North Atlantic Consultative Process. The reports of

the Working Group (January, 1985) and Senior Level

(May, 1985) meetings have been included in the

docket, and the views and requirements of our

foreign partners have been considered throughout

this proceeding.

Federal Register / V 61. 50,