Federal Register / Vol. 87, No. 96 / Wednesday, May 18, 2022 / Proposed Rules 30161 

OAR–2021–0732, to the Federal 

Rulemaking Portal: https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 

www.regulations.gov. EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, the full EPA public comment 

policy, information about CBI or 

multimedia submissions, and general 

guidance on making effective 

comments, please visit https://

www.epa.gov/dockets/commenting-epadockets. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

electronically in www.regulations.gov. 

To reduce the risk of COVID–19 

transmission, for this action we do not 

plan to offer hard copy review of the 

docket. Please email or call the person 

listed in the FOR FURTHER INFORMATION

CONTACT section if you need to make 

alternative arrangements for access to 

the docket. 

FOR FURTHER INFORMATION CONTACT: 

Carson Coate, Air and Radiation 

Division, EPA, Region 8, Mail code 

8ARD, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129, telephone 

number: (406) 457–5042, email address: 

coate.carson@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means EPA. In the Final 

Rules section of this Federal Register, 

EPA is approving South Dakota’s 

submissions and making administrative 

updates as a direct final rule without 

prior proposal because the Agency 

views this as a noncontroversial action 

and anticipates no adverse comments. A 

detailed rationale for the action is set 

forth in the preamble to the direct final 

rule. If EPA receives no adverse 

comments, EPA contemplates no further 

action. If EPA receives adverse 

comments, EPA will withdraw the 

direct final rule and will address all 

public comments in a subsequent final 

rule based on this proposed rule. EPA 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. Please note that if EPA 

receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. For additional 

information, see the direct final rule of 

the same title which is located in the 

Final Rules section of this Federal 

Register. 

List of Subjects 

40 CFR Part 60 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Aluminum, 

Beverages, Carbon monoxide, 

Chemicals, Coal, Electric power plants, 

Fluoride, Gasoline, Glass and glass 

products, Grains, Greenhouse gases, 

Hazardous substances, Household 

appliances, Industrial facilities, 

Insulation, Intergovernmental relations, 

Iron, Labeling, Lead, Lime, Metals, 

Motor vehicle pollution, Natural gas, 

Nitrogen dioxide, Petroleum, Phosphate, 

Plastics materials and synthetics, 

Polymers, Reporting and recordkeeping 

requirements, Rubber and rubber 

products, Sewage disposal, Steel, Sulfur 

oxides, Vinyl, Volatile organic 

compounds, Waste treatment and 

disposal, Zinc. 

40 CFR Part 61 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Arsenic, Asbestos, 

Benzene, Beryllium, Hazardous 

substances, Intergovernmental relations, 

Mercury, Radioactive materials, Radon, 

Reporting and recordkeeping 

requirements, Uranium, Vinyl chloride. 

40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Aluminum, 

Fertilizers, Fluoride, Industrial 

facilities, Intergovernmental relations, 

Methane, Ozone, Phosphate, Reporting 

and recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds, 

Waste treatment and disposal. 

40 CFR Part 70 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Title V. 

Dated: May 8, 2022. 

KC Becker, 

Regional Administrator, Region 8. 

[FR Doc. 2022–10222 Filed 5–17–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 16–271; DA 22–484; FR 

ID 86428] 

Wireless Telecommunications Bureau 

Seeks Comment on Compliance Gap 

Drive Testing for Alaska Plan 

Participants 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed compliance with 

Alaska Plan; request for comments. 

SUMMARY: The Wireless 

Telecommunications Bureau requests 

comment on requiring mobile-provider 

participants of the Alaska Plan subject 

to the drive test requirement to submit 

new drive-test data if they fail to 

demonstrate compliance with their 

approved performance plan. 

DATES: Comments are due on or before 

June 1, 2022 and replies are due on or 

before June 8, 2022. 

ADDRESSES: Interested parties may file 

comments on or before the date 

indicated above and must reference WC 

Docket No. 16–271. Comments may be 

filed using the Commission’s Electronic 

Filing System (ECFS) or by filing paper 

copies. 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: http://apps.fcc.gov/ 

ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

• Filings can be sent by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 


lotter on DSK11XQN23PROD with PROPOSALS1
30162 Federal Register / Vol. 87, No. 96 / Wednesday, May 18, 2022 / Proposed Rules 

• Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the FCC’s Consumer and Governmental 

Affairs Bureau at (202) 418–0530 

(voice). 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Matthew Warner of 

the Wireless Telecommunications 

Bureau, Competition & Infrastructure 

Policy Division, Matthew.Warner@

fcc.gov, (202) 418–2419. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the ‘‘Request for Comment’’ 

portion of the Bureau’s Alaska Plan 

Drive Test Order and Request for 

Comment, adopted on May 5, 2022, and 

released on May 5. 2022. The summary 

of the Order portion is published 

elsewhere in this issue of the Federal 

Register. The full text of this document 

is available for public inspection on the 

Commission’s website at: https://

www.fcc.gov/document/alaska-drivetest-order-and-request-comment. 

I. Introduction 

1. In the Order portion of this 

document, the Wireless 

Telecommunications Bureau (Bureau) 

adopts a drive-test model and 

parameters for the drive tests that are 

required of certain mobile providers 

participating in the Alaska Plan. The 

Bureau will use these drive-test data to 

determine whether mobile providers 

that receive more than $5 million in 

annual support for the deployment of 

mobile voice and broadband service in 

remote areas of Alaska have met their 

performance commitments. In the 

Request for Comment portion of this 

document, we seek comment on a 

proposal to require mobile-provider 

participants subject to the drive-test 

requirement to submit new drive-test 

data consistent with the drive-test 

model and parameters if they fail to 

meet a buildout milestone and later seek 

to cure a compliance gap. 

II. Request for Comment 

2. This Request for Comment seeks 

comment on an approach for mobile 

providers that receive more than $5 

million annually from the Alaska Plan 

to address compliance gaps under 

§ 54.320(d)(1) of the Commission’s 

rules. Section 54.320(d)(1) establishes a 

framework to assess any compliance 

gaps for Alaska Plan mobile providers’ 

commitments. To ensure that mobile 

providers receiving more than $5 

million annually for the Alaska Plan 

have met their interim milestone 

commitments, the Commission will 

analyze the drive test data discussed in 

this Order, in addition to other data, to 

determine whether they have any 

compliance gaps and, if so, the extent of 

the compliance gap per commitment 

(i.e., which compliance gap tier the 

mobile provider falls into). We seek 

comment on requiring these mobile 

providers to submit new drive-test data 

if they fail to demonstrate compliance 

with their approved performance plan 

by the five-year interim milestone. 

3. To the extent that a mobileprovider participant subject to the drivetest requirement is shown through the 

results of the testing to have failed to 

meet its five-year performance 

requirement, and seeks to cure a 

compliance gap, we propose to require 

the provider to submit new drive-test 

data consistent with the Alaska DriveTest Model we adopt today. Under this 

proposal, the provider would submit 

updated coverage data, including 

middle-mile data if applicable, 

whenever it seeks to improve its 

compliance gap tier until it has less than 

a 5% compliance gap. Commission staff 

then would provide new grid cells to 

test based on this updated coverage 

data. For example, if a provider that had 

a compliance gap of 30% (and is thus 

in Tier 3) reports that it reduced its 

compliance gap to 10%, which would 

warrant a move to Tier 1, then the 

provider would submit its updated 

coverage and middle-mile data to the 

Commission. Staff would provide the 

mobile-provider participant new grid 

cells to test, consistent with the mobileprovider participant’s updated coverage 

data. The mobile-provider participant 

would need to provide new drive-test 

data consistent with the Alaska DriveTest Model as verifying evidence that it 

has moved compliance tiers. For a 

mobile-provider participant with 

multiple frames (if there is a compliance 

gap for its fiber-based 4G LTE 

population, for example), it would need 

to provide supporting drive-test data for 

all affected frames. This would ensure 

that new compliance gaps are not 

created when other compliance gaps are 

reduced. We seek comment on this 

proposal. We also seek comment on 

whether we should adopt any additional 

requirements for retesting beyond what 

is required under the Alaska Drive-Test 

Model. 

A. Digital Equity and Inclusion 

4. Finally, as part of the Commission’s 

continuing effort to advance digital 

equity for all, including people of color 

and others who have been historically 

underserved, marginalized, and 

adversely affected by persistent poverty 

and inequality, we invite comment on 

any equity-related considerations and 

benefits (if any) that may be associated 

with the issues discussed herein. 

Specifically, we seek comment on how 

these matters may promote or inhibit 

advances in diversity, equity, inclusion, 

and accessibility. 

III. Procedural Matters 

A. Initial Regulatory Flexibility 

Certification 

5. The Regulatory Flexibility Act of 

1980, as amended (RFA), requires that 

an initial regulatory flexibility analysis 

be prepared for notice-and-comment 

rule making proceedings, unless the 

agency certifies that ‘‘the rule will not, 

if promulgated, have a significant 

economic impact on a substantial 

number of small entities.’’ The RFA 

generally defines the term ‘‘small 

entity’’ as having the same meaning as 

the terms ‘‘small business,’’ ‘‘small 

organization,’’ and ‘‘small governmental 

jurisdiction.’’ In addition, the term 

‘‘small business’’ has the same meaning 

as the term ‘‘small business concern’’ 

under the Small Business Act. A ‘‘small 

business concern’’ is one which: (1) Is 

independently owned and operated; (2) 

is not dominant in its field of operation; 

and (3) satisfies any additional criteria 

established by the Small Business 

Administration (SBA). 

6. This Request for Comment seeks 

comment on the drive testing proposals 

required by the Alaska Plan for those 

wireless participants receiving more 

than $5 million in annual Alaska Plan 

support, excluding the smaller wireless 

participants that receive less than that 

in annual support. The proposals, if 

adopted, would apply to only two 

entities, one of which does not qualify 

as a small entity. Therefore, we certify 

that the proposals in this Request for 

Comment, if adopted, will not have a 

significant economic impact on a 

substantial number of small entities. 

7. The Commission will send a copy 

of the Request for Comment, including 

a copy of this Initial Regulatory 

Flexibility Certification, to the Chief 

Counsel for Advocacy of the SBA. This 

initial certification will also be 

published in the Federal Register. 

B. Ex Parte Presentations 

8. This proceeding shall be treated as 

a ‘‘permit-but-disclose’’ proceeding in 


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Federal Register / Vol. 87, No. 96 / Wednesday, May 18, 2022 / Proposed Rules 30163 

accordance with the Commission’s ex 

parte rules. Persons making ex parte 

presentations must file a copy of any 

written presentation or a memorandum 

summarizing any oral presentation 

within two business days after the 

presentation (unless a different deadline 

applicable to the Sunshine period 

applies). Persons making oral ex parte 

presentations are reminded that 

memoranda summarizing the 

presentation must (1) list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made, and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenter’s 

written comments, memoranda or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with rule 

1.1206(b) (47 CFR 1.1206(b)). In 

proceedings governed by rule 1.49(f) (47 

CFR 1.49(f)) or for which the 

Commission has made available a 

method of electronic filing, written ex 

parte presentations and memoranda 

summarizing oral ex parte 

presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml, .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

C. Filing Requirements 

9. Comments. Interested parties may 

file comments and reply comments on 

or before the dates indicated on the first 

page of this document and must 

reference WC Docket No. 16–271. 

Comments may be filed using the 

Commission’s Electronic Filing System 

(ECFS) or by filing paper copies. 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: http://apps.fcc.gov/ 

ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

• Filings can be sent by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

Æ Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

Æ Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

See FCC Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand-Delivery Policy, Public 

Notice, 35 FCC Rcd 2788 (2020), https:// 

www.fcc.gov/document/fcc-closesheadquarters-open-window-andchanges-hand-delivery-policy. 

10. People with Disabilities. To 

request materials in accessible formats 

for people with disabilities (braille, 

large print, electronic files, audio 

format), send an email to fcc504@fcc.gov 

or call the FCC’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice). 

11. Additional Information. For 

additional information on this 

proceeding, contact Matthew Warner of 

the Wireless Telecommunications 

Bureau, Competition & Infrastructure 

Policy Division, Matthew.Warner@

fcc.gov, (202) 418–2419. 

IV. Ordering Clauses 

12. It is ordered that, pursuant to the 

authority contained in Sections 1 

through 4, 201, 254, 301, 303, 307, 309, 

332 of the Communications Act of 1934, 

as amended, 47 U.S.C. 151 through 154, 

201, 254, 301, 303, 307, 309, 332 and 

Sections 0.91, 0.131, 0.291, 0.311, 

54.317, 54.320, and 54.321 of the 

Commission’s rules, 47 CFR 0.91, 0.131, 

0.291, 0.311, 54.317, 54.320, and 54.321, 

and the delegated authority contained in 

the Alaska Plan Order, 31 FCC Rcd 

10139, 10160, 10166 through 67, paras. 

67, 85, notice is hereby given of the 

proposals described and tentative 

conclusions in the Request for 

Comment. 

13. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Order and Request for Comment, 

including the Initial Regulatory 

Flexibility Certification and the Final 

Regulatory Flexibility Certification, to 

the Chief Counsel for Advocacy of the 

Small Business Administration. 

Federal Communications Commission. 

Amy Brett, 

Acting Chief of Staff, Wireless 

Telecommunications Bureau. 

[FR Doc. 2022–10542 Filed 5–17–22; 8:45 am] 

BILLING CODE 6712–01–P 


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