83 FR 63579 - Air Plan Approval; Oregon; Removal of Obsolete Regulations

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 237 (December 11, 2018)

Page Range		63579-63581
FR Document		2018-26688

The Environmental Protection Agency (EPA) is approving the removal of outdated rules in the Code of Federal Regulations (CFR) for the State of Oregon because they are duplicative or obsolete. Removal of such material from the air program subparts is designed to improve cost effectiveness and usability of the CFR. The EPA is also approving non-substantive revisions to reflect updated citations and correcting a typographical error. This final action makes no substantive changes to the Oregon State Implementation Plan and imposes no new requirements.

Federal Register, Volume 83 Issue 237 (Tuesday, December 11, 2018)

[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Rules and Regulations]
[Pages 63579-63581]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26688]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0022; FRL-9987-60-Region 10]


Air Plan Approval; Oregon; Removal of Obsolete Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving the 
removal of outdated rules in the Code of Federal Regulations (CFR) for 
the State of Oregon because they are duplicative or obsolete. Removal 
of such material from the air program subparts is designed to improve 
cost effectiveness and usability of the CFR. The EPA is also approving 
non-substantive revisions to reflect updated citations and correcting a 
typographical error. This final action makes no substantive changes to 
the Oregon State Implementation Plan and imposes no new requirements.

DATES: This action is effective on January 10, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2018-0022. All documents in the docket are 
listed on the https://www.regulations.gov website. 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, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available at https://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Christi Duboiski, EPA Region 10, at 
(360) 753-9081, or [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'', 
``us'' or ``our'' is used, it is intended to refer to the EPA.

I. Background

    This action is being taken pursuant to Executive Order 13563--
Improving Regulation and Regulatory Review. It is intended to reduce 
the number of pages in the Code of Federal Regulations (CFR) by 
identifying those rules in 40 CFR part 52, subpart MM, for the State of 
Oregon that are duplicative or obsolete. This action removes historical 
information and rules that no longer have any use or legal effect 
because they have been superseded by subsequently approved state 
implementation plan (SIP) revisions or they are no longer necessary 
because the EPA previously promulgated administrative rule actions to 
replace these sections with summary tables in 40 CFR 52.1970 (78 FR 
74012, December 10, 2013). On October 10, 2010, the EPA proposed to 
approve these changes and received no comments on our proposed 
rulemaking (83 FR 50867).

II. Final Action

    This final action is a ``housekeeping'' exercise that removes 
duplicative or obsolete CFR provisions and corrects a non-substantive 
typographical error. The EPA is approving the removal of 40 CFR 
52.1973, 40 CFR 52.1974 paragraphs (b) and (c), 40 CFR 52.1977, and 40 
CFR 52.1982; and approving the amendment to 40 CFR 52.1974(a). The EPA 
is removing the duplicative or obsolete rules because they have been 
revised or superseded by subsequently approved SIP revisions. These 
actions make no substantive changes to the SIP. The changes will be 
accurately reflected in 40 CFR part 52, subpart MM for the State of 
Oregon.

[[Page 63580]]

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where the EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications and it will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 11, 2019. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 19, 2018.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart MM--Oregon


Sec.  52.1973  [Removed and Reserved]

0
2. Section 52.1973 is removed and reserved.

0
3. Section 52.1974 is revised to read as follows:


Sec.  52.1974  Original identification of plan section.

    (a) This section identified the original ``State of Oregon Clean 
Air Act Implementation Plan'' and all revisions submitted by Oregon 
that were federally approved prior to July 1, 2013. The information in 
this section is available in the 40 CFR, part 52, Volume 4 (Sec.  
52.1970 to End) edition revised as of July 1, 2013.
    (b)-(c) [Reserved]


Sec.  Sec.  52.1977 and 52.1982  [Removed and Reserved]

0
4. Sections 52.1977 and 52.1982 are removed and reserved.


0
5. In Sec.  52.1988, paragraph (a) is revised to read as follows:


Sec.  52.1988  Air contaminant discharge permits.

    (a) Except for compliance schedules under OAR 340-200-0050, 
emission limitations and other provisions contained in Air Contaminant 
Discharge Permits issued by the State in accordance with the provisions 
of the Federally-approved rules for Air Contaminant Discharge Permits 
(OAR chapter 340, Division 216), Plant Site Emission Limit (OAR chapter 
340, Division 222), Alternative Emission Controls (OAR 340-226-0400) 
and Public Participation (OAR chapter 340, Division 209), shall be 
applicable requirements of the Federally-approved Oregon SIP (in 
addition to any other provisions) for the purposes of section 113 of 
the Clean Air Act and shall be enforceable by EPA and by any person in 
the same manner as other requirements of the SIP. Plant site emission 
limits and alternative emission limits (bubbles) established in Federal 
Operating Permits issued by the State in accordance with the Federally-
approved rules for Plant Site Emission Limit (OAR chapter 340, Division 
222) and Alternative Emission Controls (OAR 340-226-0400), shall be 
applicable requirements of the Federally-approved Oregon SIP (in 
addition to any other

[[Page 63581]]

provisions) for the purposes of section 113 of the Clean Air Act and 
shall be enforceable by EPA and by any person in the same manner as 
other requirements of the SIP.
* * * * *
[FR Doc. 2018-26688 Filed 12-10-18; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Rules and Regulations 63579

with the mailing industry to determine 2.1.8 Compliance Quality Thresholds website. Although listed in the index,
the percentage increase for Address [Add a new second sentence and revise some information is not publicly
Quality threshold. the last sentence in 2.1.8 to read as available, e.g., CBI or other information
On September 21, 2018, the Postal follows:] whose disclosure is restricted by statute.
Service published a final rule, Federal * * * Failure to meet any compliance Certain other material, such as
Register Notice (83 FR 47839) Changes quality threshold in Exhibit 2.1.8 will copyrighted material, is not placed on
to Validations for IMpb to amend result in the assessment of the IMpb the internet and will be publicly
mailing standards, to add new IMpb Noncompliance Fee. For details, see available only in hard copy form.
compliance quality validations and Publication 199: Intelligent Mail Publicly available docket materials are
thresholds for Address Quality, Barcode Package Barcode (IMpb) available at https://
Quality, and (Shipping Services File) Implementation Guide for: Confirmation www.regulations.gov, or please contact
Manifest Quality. Services and Electronic Verification the person identified in the FOR FURTHER
Additional time was needed to System (eVS) Mailers, available on INFORMATION CONTACT section for
discuss the validation requirements for PostalPro at http://postalpro.usps.com. additional availability information.
Address Quality before increasing the EXHIBIT 2.1.8—IMPB COMPLIANCE FOR FURTHER INFORMATION CONTACT:
AQ threshold. The Postal Service and QUALITY THRESHOLDS
mailing industry have agreed on 90% as Christi Duboiski, EPA Region 10, at
[Revise the ‘‘Compliance Threshold’’ for (360) 753–9081, or duboiski.christi@
the new AQ threshold. The new AQ the ‘‘Address Quality’’ line item to read
threshold is effective January 31, 2019, epa.gov.
‘‘90’’; and ‘‘Validations’’ for the
and the assessment of the IMpb ‘‘Address Quality’’ to remove ‘‘valid SUPPLEMENTARY INFORMATION:
Noncompliance Fee pursuant to this primary street number line.] Throughout this document, wherever
new AQ threshold will begin on ‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, it is
February 1, 2019. Additionally, the * * * * *
We will publish an appropriate intended to refer to the EPA.
Address Quality (AQ) validation ‘‘valid
amendment to 39 CFR part 111 to reflect I. Background
primary street number’’ will be removed
these changes.
from the measurement.
The Postal Service adopts the Brittany M. Johnson, This action is being taken pursuant to
following changes to Mailing Standards Executive Order 13563—Improving
Attorney, Federal Compliance.
of the United States Postal Service, Regulation and Regulatory Review. It is
[FR Doc. 2018–26665 Filed 12–10–18; 8:45 am]
Domestic Mail Manual (DMM), intended to reduce the number of pages
BILLING CODE 7710–12–P
incorporated by reference in the Code of in the Code of Federal Regulations
Federal Regulations. See 39 CFR 111.1. (CFR) by identifying those rules in 40
CFR part 52, subpart MM, for the State
List of Subjects in 39 CFR Part 111 ENVIRONMENTAL PROTECTION of Oregon that are duplicative or
AGENCY obsolete. This action removes historical
Administrative practice and
procedure, Postal Service. information and rules that no longer
40 CFR Part 52
Accordingly, 39 CFR part 111 is have any use or legal effect because they
[EPA–R10–OAR–2018–0022; FRL–9987–60– have been superseded by subsequently
amended as follows: Region 10] approved state implementation plan
PART 111—[AMENDED] (SIP) revisions or they are no longer
Air Plan Approval; Oregon; Removal of necessary because the EPA previously
Obsolete Regulations promulgated administrative rule actions
■ 1. The authority citation for part 111
continues to read as follows: AGENCY: Environmental Protection to replace these sections with summary
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– Agency (EPA). tables in 40 CFR 52.1970 (78 FR 74012,
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, ACTION: Final rule. December 10, 2013). On October 10,
401, 403, 404, 414, 416, 3001–3011, 3201– 2010, the EPA proposed to approve
3219, 3403–3406, 3621, 3622, 3626, 3632, SUMMARY: The Environmental Protection these changes and received no
3633, and 5001. Agency (EPA) is approving the removal comments on our proposed rulemaking
■ 2. Revise the following sections of of outdated rules in the Code of Federal (83 FR 50867).
Mailing Standards of the United States Regulations (CFR) for the State of
Oregon because they are duplicative or II. Final Action
Postal Service, Domestic Mail Manual
(DMM), as follows: obsolete. Removal of such material from This final action is a ‘‘housekeeping’’
the air program subparts is designed to exercise that removes duplicative or
Mailing Standards of the United States improve cost effectiveness and usability obsolete CFR provisions and corrects a
Postal Service, Domestic Mail Manual of the CFR. The EPA is also approving non-substantive typographical error.
(DMM) non-substantive revisions to reflect The EPA is approving the removal of 40
* * * * * updated citations and correcting a CFR 52.1973, 40 CFR 52.1974
typographical error. This final action paragraphs (b) and (c), 40 CFR 52.1977,
200 Commercial Mail makes no substantive changes to the and 40 CFR 52.1982; and approving the
* * * * * Oregon State Implementation Plan and amendment to 40 CFR 52.1974(a). The
imposes no new requirements. EPA is removing the duplicative or
204 Barcode Standards
DATES: This action is effective on obsolete rules because they have been
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* * * * * January 10, 2019. revised or superseded by subsequently
2.0 Standards for Package and Extra ADDRESSES: The EPA has established a approved SIP revisions. These actions
Service Barcodes docket for this action under Docket ID make no substantive changes to the SIP.
No. EPA–R10–OAR–2018–0022. All The changes will be accurately reflected
2.1 Intelligent Mail Package Barcode documents in the docket are listed on in 40 CFR part 52, subpart MM for the
* * * * * the https://www.regulations.gov State of Oregon.

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63580 Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Rules and Regulations

III. Statutory and Executive Order tribe has demonstrated that a tribe has PART 52—APPROVAL AND
Reviews jurisdiction. In those areas of Indian PROMULGATION OF
Under the CAA, the Administrator is country, the rule does not have tribal IMPLEMENTATION PLANS
required to approve a SIP submission implications and it will not impose
substantial direct costs on tribal ■ 1. The authority citation for part 52
that complies with the provisions of the continues to read as follows:
Act and applicable federal regulations. governments or preempt tribal law as
42 U.S.C. 7410(k); 40 CFR 52.02(a). specified by Executive Order 13175 (65 Authority: 42 U.S.C. 7401 et seq.
Thus, in reviewing SIP submissions, the FR 67249, November 9, 2000).
Subpart MM—Oregon
EPA’s role is to approve state choices, The Congressional Review Act, 5
provided that they meet the criteria of U.S.C. 801 et seq., as added by the Small § 52.1973 [Removed and Reserved]
the CAA. Accordingly, this action Business Regulatory Enforcement ■ 2. Section 52.1973 is removed and
merely approves state law as meeting Fairness Act of 1996, generally provides reserved.
federal requirements and does not that before a rule may take effect, the ■ 3. Section 52.1974 is revised to read
impose additional requirements beyond agency promulgating the rule must as follows:
those imposed by state law. For that
submit a rule report, which includes a
reason, this action: § 52.1974 Original identification of plan
copy of the rule, to each House of the
• Is not a ‘‘significant regulatory section.
action’’ subject to review by the Office Congress and to the Comptroller General
(a) This section identified the original
of Management and Budget under of the United States. The EPA will
‘‘State of Oregon Clean Air Act
Executive Orders 12866 (58 FR 51735, submit a report containing this action Implementation Plan’’ and all revisions
October 4, 1993) and 13563 (76 FR 3821, and other required information to the submitted by Oregon that were federally
January 21, 2011); U.S. Senate, the U.S. House of approved prior to July 1, 2013. The
• Is not an Executive Order 13771 (82 Representatives, and the Comptroller information in this section is available
FR 9339, February 2, 2017) regulatory General of the United States prior to in the 40 CFR, part 52, Volume 4
action because SIP approvals are publication of the rule in the Federal (§ 52.1970 to End) edition revised as of
exempted under Executive Order 12866; Register. A major rule cannot take effect July 1, 2013.
• Does not impose an information until 60 days after it is published in the (b)–(c) [Reserved]
collection burden under the provisions Federal Register. This action is not a
§ § 52.1977 and 52.1982 [Removed and
of the Paperwork Reduction Act (44 ‘‘major rule’’ as defined by 5 U.S.C. Reserved]
U.S.C. 3501 et seq.); 804(2).
• Is certified as not having a Under section 307(b)(1) of the Clean
■ 4. Sections 52.1977 and 52.1982 are
significant economic impact on a removed and reserved.
Air Act, petitions for judicial review of
substantial number of small entities ■ 5. In § 52.1988, paragraph (a) is
this action must be filed in the United
under the Regulatory Flexibility Act (5 revised to read as follows:
States Court of Appeals for the
U.S.C. 601 et seq.);
• Does not contain any unfunded appropriate circuit by February 11, § 52.1988 Air contaminant discharge
mandate or significantly or uniquely 2019. Filing a petition for permits.
affect small governments, as described reconsideration by the Administrator of (a) Except for compliance schedules
in the Unfunded Mandates Reform Act this final rule does not affect the finality under OAR 340–200–0050, emission
of 1995 (Pub. L. 104–4); of this action for the purposes of judicial limitations and other provisions
• Does not have Federalism review nor does it extend the time contained in Air Contaminant Discharge
implications as specified in Executive within which a petition for judicial Permits issued by the State in
Order 13132 (64 FR 43255, August 10, review may be filed, and shall not accordance with the provisions of the
1999); postpone the effectiveness of such rule Federally-approved rules for Air
• Is not an economically significant or action. This action may not be Contaminant Discharge Permits (OAR
regulatory action based on health or challenged later in proceedings to chapter 340, Division 216), Plant Site
safety risks subject to Executive Order enforce its requirements. (See section Emission Limit (OAR chapter 340,
13045 (62 FR 19885, April 23, 1997); 307(b)(2)). Division 222), Alternative Emission
• Is not a significant regulatory action Controls (OAR 340–226–0400) and
subject to Executive Order 13211 (66 FR List of Subjects in 40 CFR Part 52 Public Participation (OAR chapter 340,
28355, May 22, 2001); Division 209), shall be applicable
Environmental protection, Air
• Is not subject to requirements of requirements of the Federally-approved
pollution control, Carbon monoxide,
section 12(d) of the National Oregon SIP (in addition to any other
Incorporation by reference, provisions) for the purposes of section
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because Intergovernmental relations, Nitrogen 113 of the Clean Air Act and shall be
application of those requirements would dioxide, Ozone, Particulate matter, enforceable by EPA and by any person
be inconsistent with the Clean Air Act; Reporting and recordkeeping in the same manner as other
and requirements, Sulfur oxides, Volatile requirements of the SIP. Plant site
• Does not provide the EPA with the organic compounds. emission limits and alternative emission
discretionary authority to address, as Authority: 42 U.S.C. 7401 et seq. limits (bubbles) established in Federal
appropriate, disproportionate human Operating Permits issued by the State in
Dated: November 19, 2018.
health or environmental effects, using accordance with the Federally-approved
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practicable and legally permissible Michelle L. Pirzadeh, rules for Plant Site Emission Limit (OAR
methods, under Executive Order 12898 Acting Regional Administrator, Region 10. chapter 340, Division 222) and
(59 FR 7629, February 16, 1994). Alternative Emission Controls (OAR
The SIP is not approved to apply on For the reasons set forth in the 340–226–0400), shall be applicable
any Indian reservation land or in any preamble, 40 CFR part 52 is amended as requirements of the Federally-approved
other area where the EPA or an Indian follows: Oregon SIP (in addition to any other

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provisions) for the purposes of section amendments the Commission adopts rules, which distinguish between Class
113 of the Clean Air Act and shall be today to its part 36 rules further its goal A and Class B incumbent LECs, the
enforceable by EPA and by any person of updating and modernizing its rules to Commission referred to the Federal-
in the same manner as other eliminate outdated compliance burdens State Joint Board on Jurisdictional
requirements of the SIP. on carriers so that they can focus their Separations (Joint Board) consideration
* * * * * resources on building modern networks of how and when the part 36 rules
[FR Doc. 2018–26688 Filed 12–10–18; 8:45 am] that bring economic opportunity, job should be modified to reflect the
BILLING CODE 6560–50–P creation, and civic engagement to all reforms adopted in the Part 32 Reform
Americans. Order.
5. In October 2017, after seeking
II. Background public comment on how best to
FEDERAL COMMUNICATIONS
2. Jurisdictional separations is the harmonize the part 32 and part 36 rules,
COMMISSION
third step in a four-step regulatory the Joint Board released a
47 CFR Part 36 process. First, a rate-of-return carrier Recommended Decision. In its
records its costs and revenues in various Recommended Decision, the Joint Board
[WC Docket No. 14–130, CC Docket No. 80– accounts using the Uniform System of recommended changes to part 36
286; FCC 18–141] Accounts (USOA) prescribed by the including deleting rules pertaining to
Commission’s part 32 rules. Second, the Class A accounts, deleting references to
Comprehensive Review of the Uniform
carrier divides the costs and revenues in Class A and B accounts, and allowing
System of Accounts; Jurisdictional
these accounts between regulated and former Class A carriers to select between
Separations and Referral to the
nonregulated activities in accordance the former Class A and B procedures for
Federal-State Joint Board
with part 64 of the Commission’s rules, apportioning general support facilities
AGENCY: Federal Communications a step that helps ensure that the costs of costs. The Joint Board also
Commission. nonregulated activities will not be recommended that the Commission
ACTION: Final rule. recovered through regulated interstate make certain stylistic and typographical
rates. Third, the carrier separates the corrections to the part 36 rules. The
SUMMARY: In this document, the regulated costs and revenues between Joint Board recommended that the part
Commission simplifies its jurisdictional the intrastate and interstate jurisdictions 36 revisions it proposed be effective as
separations rules, applying the using the part 36 rules. Finally, the soon as practicable after January 1,
separations processes previously carrier apportions the interstate 2018, the effective date of the Part 32
reserved for smaller carriers to all regulated costs among the interexchange Reform Order.
carriers subject to those rules, and services and rate elements that form the 6. In February 2018, the Commission
harmonizing the jurisdictional cost basis for its exchange access tariff. released the Separations Harmonization
separations rules with the accounting Carriers subject to rate-of-return NPRM, 83 FR 10817, March 13, 2018,
rules. With this action, the Commission regulation perform this apportionment which proposed amendments to part 36
continues to modernize existing rules in accordance with the Commission’s consistent with the Recommended
and eliminate outdated compliance part 69 rules. Decision. The Commission also sought
requirements. 3. Historically, the part 32 rules comment on the effective date for any
DATES: Effective date: January 1, 2019.
divided incumbent local exchange changes to part 36 to harmonize those
carriers (LECs) into two classes for rules with part 32 reforms. USTelecom
FOR FURTHER INFORMATION CONTACT:
accounting purposes based on the filed the only comment on the merits,
Christopher Koves, Pricing Policy
amounts of their annual regulated and it supports the proposals in the
Division, Wireline Competition Bureau
revenues. Class A incumbent LECs were Separations Harmonization NPRM.
at 202–418–8209 or by email at the larger carriers, and Class B
Christopher.Koves@fcc.gov. incumbent LECs were the smaller III. Discussion
SUPPLEMENTARY INFORMATION: This is a carriers (most recently those with less 7. In this Order, the Commission
summary of the Commission’s Report than $157 million in annual regulated harmonizes its part 36 jurisdictional
and Order, WC Docket No. 14–130, CC revenues). The Commission’s former separations rules with the changes to
Docket No. 80–286; FCC 18–141, part 32 rules required Class A carriers the part 32 accounting rules that the
adopted on October 16, 2018, and to create and maintain a more granular Commission adopted in the Part 32
released on October 17, 2018. A full-text set of accounts than it required of the Reform Order. The Commission’s
version of this document can be smaller Class B carriers. In all but one amendments to part 36 implement the
obtained at the following internet case, Class A carrier accounts could be Commission’s proposals in the
address: https://www.fcc.gov/document/ grouped into sets that were represented Separations Harmonization NPRM to
fcc-harmonizes-separations-rules- by single Class B carrier accounts—that adopt, with minor exceptions, the Joint
revised-accounting-rules. is, such Class A accounts consolidated Board’s recommendations and to amend
Synopsis into, or ‘‘rolled up’’ into, Class B the part 36 rules consistent with those
accounts. recommendations. The Commission
I. Introduction 4. In the Part 32 Reform Order, 82 FR agrees with USTelecom that these rule
1. In this Report and Order (Order), 20833, May 4, 2017, the Commission changes do not risk undermining the
the Commission simplifies its part 36 eliminated the historical distinction primary purpose of the part 36 rules,
jurisdictional separations rules to allow between Class A and Class B incumbent which is to ‘‘prevent incumbent LECs
all carriers to use the simpler LECs in the part 32 rules. Now all from recovering the same costs in the
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jurisdictional separations processes carriers subject to part 32 are required interstate and intrastate jurisdictions,’’
previously reserved for smaller carriers. to keep only the less onerous accounts and will instead ‘‘simplify the
In so doing, the Commission previously kept by Class B incumbent accounting rules by removing
harmonizes its part 36 rules with the LECs. Recognizing that the part 32 unnecessary burdensome regulations
Commission’s previous amendments to accounting reforms had implications for that require carriers and ultimately
its part 32 accounting rules. The the part 36 jurisdictional separations consumers to incur unnecessary costs.’’

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Document Created: 2018-12-11 01:06:17
Document Modified: 2018-12-11 01:06:17

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This action is effective on January 10, 2019.
Contact		Christi Duboiski, EPA Region 10, at (360) 753-9081, or [email protected]
FR Citation		83 FR 63579