Rules and Regulations. Notice of sixteenth update of the Federal Agency Hazardous Waste Compliance Docket, pursuant to CERCLA section 120(c)
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BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [FRL-7431-9] Federal Agency Hazardous Waste Compliance Docket AGENCY: Environmental Protection Agency. ACTION: Notice of sixteenth update of the Federal Agency Hazardous Waste Compliance Docket, pursuant to CERCLA section 120(c). SUMMARY: Section 120(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), requires the Environmental Protection Agency
(EPA)to establish a Federal Agency Hazardous Waste Compliance Docket. The docket is to contain certain information about Federal facilities that manage hazardous waste or from which hazardous substances have been or may be released. (As defined by CERCLA section 101(22), a release is any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment.) CERCLA requires that the docket be updated every six months, as new facilities are reported to EPA by Federal agencies. The following list identifies the Federal facilities to be included in this sixteenth update of the docket and includes facilities not previously listed on the docket and reported to EPA since the last update of the docket, 67 FR 44200, July 2, 2002, which was current as of January 31, 2002. SARA, as amended by the Defense Authorization Act of 1997, specifies that, for each Federal facility that is included on the docket during an update, evaluation shall be completed in accordance with a reasonable schedule. Such site evaluation activities will help determine whether the facility should be included on the National Priorities List
(NPL)and will provide EPA and the public with valuable information about the facility. In addition to the list of additions to the docket, this notice includes a section that comprises revisions (that is, corrections and deletions) of the previous docket list. This update contains 8 additions and 11 deletions since the previous update, as well as numerous other corrections to the docket list. At the time of publication of this notice, the new total number of Federal facilities listed on the docket is 2,228. DATES: This list is current as of August 12, 2002. FOR FURTHER INFORMATION CONTACT: Electronic versions of the docket may be obtained at *http://www.epa.gov/compliance/cleanup/federal/index.html.* SUPPLEMENTARY INFORMATION: Table of Contents 1.0 Introduction 2.0 Revisions of the Previous Docket 3.0 Process for Compiling the Updated Docket 4.0 Facilities Not Included 5.0 Facility Status Reporting 6.0 Information Contained on Docket Listing 1.0 Introduction Section 120(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 United States Code (U.S.C.) 9620(c), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), required the establishment of the Federal Agency Hazardous Waste Compliance Docket. The docket contains information on Federal facilities that is submitted by Federal agencies to the U.S. Environmental Protection Agency
(EPA)under sections 3005, 3010, and 3016 of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6925, 6930, and 6937, and under section 103 of CERCLA, 42 U.S.C. 9603. Specifically, RCRA section 3005 establishes a permitting system for certain hazardous waste treatment, storage, and disposal
(TSD)facilities; RCRA section 3010 requires waste generators and transporters and TSD facilities to notify EPA of their hazardous waste activities; and RCRA section 3016 requires Federal agencies to submit biennially to EPA an inventory of hazardous waste sites that the Federal agencies own or operate. CERCLA section 103(a) requires that the National Response Center
(NRC)be notified of a release. CERCLA section 103(c) requires reporting to EPA the existence of a facility at which hazardous substances are or have been stored, treated, or disposed of and the existence of known or suspected releases of hazardous substances at such facilities. The docket serves three major purposes:
(1)To identify all Federal facilities that must be evaluated to determine whether they pose a risk to human health and the environment sufficient to warrant inclusion on the National Priorities List (NPL);
(2)to compile and maintain the information submitted to EPA on such facilities under the provisions listed in section 120(c) of CERCLA; and
(3)to provide a mechanism to make the information available to the public. The initial list of Federal facilities to be included on the docket was published on February 12, 1988 (53 FR 4280). Updates of the docket have been published on November 16, 1988 (54 FR 46364); December 15, 1989 (54 FR 51472); August 22, 1990 (55 FR 34492); September 27, 1991 (56 FR 49328); December 12, 1991 (56 FR 64898); July 17, 1992 (57 FR 31758); February 5, 1993 (58 FR 7298); November 10, 1993 (58 FR 59790); April 11, 1995 (60 FR 18474); June 27, 1997 (62 FR 34779); November 23, 1998 (63 FR 64806); June 12, 2000 (65 FR 36994); December 29, 2000 (65 FR 83222), October 2, 2001 (66 FR 50185), and July 1, 2002 (67 FR 44200). This notice constitutes the sixteenth update of the docket. Today's notice is divided into three sections:
(1)Additions,
(2)deletions, and
(3)corrections. The additions section lists newly identified facilities that have been reported to EPA since the last update and that now are being included on the docket. The deletions section lists facilities that EPA is deleting from the docket. The corrections section lists changes in information about facilities already listed on the docket. The information submitted to EPA on each Federal facility is maintained in the docket repository located in the EPA Regional office of the Region in which the facility is located ( *see* 53 FR 4280 (February 12, 1988) for a description of the information required under those provisions). Each repository contains the documents submitted to EPA under the reporting provisions and correspondence relevant to the reporting provisions for each facility. Contact the following docket coordinators for information on Regional docket repositories: Gerardo Millán-Ramos (HBS), US EPA Region 1, #1 Congress St., Suite 1100, Boston, MA 02114-2023,
(617)918-1377 Helen Shannon (ERRD), US EPA Region 2, 290 Broadway, 18th Floor, New York, NY 10007-1866,
(212)637-4260 Alida Karas (ERRD), US EPA Region 2, 290 Broadway, New York, NY 10007-1866,
(212)637-4276 Cesar Lee (3HS50), US EPA Region 3, 1650 Arch Street, Philadelphia, PA 19107,
(215)814-3205 Gena Townsend (4WD-FFB), US EPA Region 4, 61 Forsyth St., SW., Atlanta, GA 30303,
(404)562-8538 Laura Ripley (SE-5J), US EPA Region 5, 77 W. Jackson Blvd., Chicago, IL 60604,
(312)886-6040 Philip Ofosu (6SF-RA), US EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202-2733,
(214)665-3178 D. Karla Asberry (FFSC), US EPA Region 7, 901 N. Fifth Street, Kansas City, KS 66101,
(913)551-7595 Stan Zawistowski (EPR-F), US EPA Region 8, 999 18th Street, Suite 500, Denver, CO 80202-2466,
(303)312-6255 Philip Armstrong (SFD-9-1), US EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105,
(415)972-3098 Ken Marcy (ECL-115), US EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101,
(206)553-2782 Monica Lindeman (ECL, SACU2), US EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101,
(206)553-5113 2.0 Revisions of the Previous Docket Following is a discussion of the revisions of the previous docket, including additions, deletions, and corrections. 2.1 Additions Today, 8 facilities are being added to the docket, primarily because of new information obtained by EPA (for example, recent reporting of a facility pursuant to RCRA sections 3005, 3010, or 3016 or CERCLA section 103). SARA, as amended by the Defense Authorization Act of 1997, specifies that, for each Federal facility that is included on the docket during an update, evaluation shall be completed in accordance with a reasonable schedule. Of the eight facilities being added to the docket, none are facilities that have reported to the NRC the release of a reportable quantity
(RQ)of a hazardous substance. Under section 103(a) of CERCLA, a facility is required to report to the NRC the release of a hazardous substance in a quantity that equals or exceeds the established RQ. Reports of releases received by the NRC, the U.S. Coast Guard (USCG), and EPA are transmitted electronically to the Transportation Systems Center at the U.S. Department of Transportation (DOT), where they become part of the Emergency Response Notification System
(ERNS)database. ERNS is a national computer database and retrieval system that stores information on releases of oil and hazardous substances. Facilities being added to the docket and facilities already listed on the docket for which an ERNS report has been filed are identified by the notation “103(a)” in the “Reporting Mechanism” column. It is EPA's policy generally not to list on the docket facilities that are small-quantity generators
(SQG)and that have never generated more than 1,000 kilograms
(kg)of hazardous waste in any single month. If a facility has generated more than 1,000 kg of hazardous waste in any single month (that is, if the facility is an episodic generator), it will be added to the docket. In addition, facilities that are SQGs and have reported releases under CERCLA section 103 or hazardous waste activities pursuant to RCRA section 3016 will be listed on the docket and will undergo site evaluation activities, such as a PA and, when appropriate, an SI. All such facilities will be listed on the docket, whether or not they are SQGs pursuant to RCRA. As a result, some of the facilities that EPA is adding to the docket today are SQGs that had not been listed on the docket but that have reported releases or hazardous waste activities to EPA under another reporting provision. In the process of compiling the documents for the Regional repositories, EPA identified a number of facilities that had previously submitted PA reports, SI reports, Department of Defense
(DoD)Installation Restoration Program
(IRP)reports, or reports under another Federal agency environmental restoration program, but do not appear to have notified EPA under CERCLA section 103. Section 120(c)(3) of CERCLA requires that EPA include on the docket, among other things, information submitted under section 103. In general, section 103 requires persons in charge of a facility to provide notice of certain releases of hazardous substances. The reports under various Federal agency environmental restoration programs may contain information regarding releases of hazardous substances similar to that provided pursuant to section 103. EPA believes that CERCLA section 120(c) authorizes the agency to include on the docket a facility that has provided information to EPA through documents such as a report under a Federal agency environmental restoration program, regardless of the absence of section 103 reporting. Therefore, some of the facilities that EPA is adding today are being placed on the docket because they have submitted the documents described above that contain reports of releases of hazardous substances. EPA also includes privately owned, government-operated
(POGO)facilities on the docket. CERCLA section 120(c) requires that the docket contain information submitted under RCRA sections 3005, 3010, and 3016 and CERCLA section 103, all of which impose duties on operators as well as owners of facilities. In addition, other subsections of CERCLA section 120 refer to facilities “owned or operated” by an agency or other instrumentality of the Federal government. That terminology clearly includes facilities that are operated by the Federal government, even if they are not owned by it. Specifically, CERCLA section 120(e), which sets forth the duties of the Federal agencies after a facility has been listed on the NPL, refers to the Federal agency that “owns or operates” the facility. In addition, the primary basis for assigning responsibility for conducting PAs and SIs, as required when a facility is listed on the docket, is Executive Order 12580, which assigns that responsibility to the Federal agency having “jurisdiction, custody, or control” over a facility. An operator may be deemed to have jurisdiction, custody, or control over a facility. 2.2 Deletions Today, 11 facilities are being deleted from the docket for various reasons, such as incorrect reporting of hazardous waste activity, change in ownership, and exemption as an SQG under RCRA (40 CFR 262.44). Facilities being deleted no longer will be subject to the requirements of CERCLA section 120(d). 2.3 Corrections Changes necessary to correct the previous docket were identified by both EPA and Federal agencies. The changes needed varied from simple changes in addresses or spelling to corrections of the recorded name and ownership of a facility. In addition, some changes in the names of facilities were made to establish consistency in the docket. Many new entries are simply corrections of typographical errors. For each facility for which a correction has been entered, the original entry (designated by an “O”), as it appeared in the February 12, 1988 notice or subsequent updates, is shown directly below the corrected entry (designated by a “C”) for easy comparison. 3.0 Process for Compiling the Updated Docket In compiling the newly reported facilities for the update being published today, EPA extracted the names, addresses, and identification numbers of facilities from four EPA databases—ERNS, the Biennial Inventory of Federal Agency Hazardous Waste Activities, the Resource Conservation and Recovery Information System (RCRIS), and the Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS)—that contain information about Federal facilities submitted under the four provisions listed in CERCLA section 120(c). Extensive computer checks compared the current docket list with the information obtained from the databases identified above to determine which facilities were, in fact, newly reported and qualified for inclusion on the update. In spite of the quality assurance efforts EPA has undertaken, state-owned or privately owned facilities that are not operated by the Federal government may have been included. Such problems are caused by procedures historically used to report and track data on Federal facilities; EPA is working to resolve them. Representatives of Federal agencies are asked to write to EPA's docket coordinator at the following address if revisions of this update information are necessary: Augusta K. Wills, Federal Agency Hazardous Waste Compliance Docket Coordinator, Federal Facilities Enforcement Office (Mail Code 2261A), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20004. 4.0 Facilities Not Included As explained in the preamble to the original docket (53 FR 4280), the docket does not include the following categories of facilities (note, however, that any of these types of facilities may, when appropriate, be listed on the NPL): • Facilities formerly owned by a Federal agency and now privately owned will not be listed on the docket. However, facilities that are now owned by another Federal agency will remain on the docket and the responsibility for conducting PAs and SIs will rest with the current owner. • SQGs that have never produced more than 1,000 kg of hazardous waste in any single month and that have not reported releases under CERCLA section 103 or hazardous waste activities under RCRA section 3016 will not be listed on the docket. • Facilities that are solely transporters, as reported under RCRA section 3010, will not be listed on the docket. 5.0 Facility Status Reporting EPA has expanded the docket database to include information on the NFRAP status of listed facilities. Indicating NFRAP status allows easy identification of facilities that, after submitting all necessary site assessment information, were found to warrant no further involvement on the part of EPA at the time of the status change. Accordingly, the docket database includes the following facility status codes: U=Undetermined N=No further remedial action planned (NFRAP) NFRAP is a term used in the Superfund site assessment program to identify facilities for which EPA has found that currently available information indicates that listing on the NPL is not likely and further assessment is not appropriate at the time. NFRAP status does not represent an EPA determination that no environmental threats are present at the facility or that no further environmental response action of any kind is necessary. NFRAP status means only that the facility does not appear, from the information available to EPA at this time, to warrant listing on the NPL and that, therefore, EPA anticipates no further involvement by EPA in site assessment or cleanup at the facility. However, additional CERCLA response actions by the Federal agency that owns or operates the facility, whether remedial or removal actions, may be necessary at a facility that has NFRAP status. The status information contained in the docket database is the result of Regional evaluation of information taken directly from CERCLIS. (CERCLIS is a database that helps EPA Headquarters and Regional personnel manage sites, programs, and projects. It contains the official inventory of all CERCLA (NPL and non-NPL) sites and supports all site planning and tracking functions. It also integrates financial data from preremedial, remedial, removal and enforcement programs.) The status information was taken from CERCLIS and sent to the Regional docket coordinators for review. The results of those reviews were incorporated into the status field in the docket database. Subsequently, an updated list of facilities having NFRAP status (those for which an “N” appears in the status field) was generated; the list of updates since the previous publication of the docket is being published today. Important limitations apply to the list of facilities that have NFRAP status. First, the information is accurate only as of August 12, 2002. Second, a facility's status may change at any time because of any number of factors, including new site information or changing EPA policies. Finally, the list of facilities that have NFRAP status is based on Regional review of CERCLIS data, is provided for information purposes only, and should not be considered binding upon either the Federal agency responsible for the facility or EPA. The status information in the docket database will be reviewed and a new list of facilities classified as NFRAP will be published at each docket update. 6.0 Information Contained on Docket Listing As discussed above, the update information below is divided into three separate sections. The first section is a list of new facilities that are being added to the docket. The second section is a list of facilities that are being deleted from the docket. The third section comprises corrections of information included on the docket. Each facility listed for the update has been assigned a code(s) that indicates a more specific reason(s) for the addition, deletion, or correction. The code key precedes the lists. SARA, as amended by the Defense Authorization Act of 1997, specifies that, for each Federal facility that is included on the docket during an update, evaluation shall be completed in accordance with a reasonable schedule. Therefore, all facilities on the additions list to this fifteenth docket update must submit a PA and, if warranted, an SI to EPA. The PA must include existing information about a site and its surrounding environment, including a thorough examination of human, food-chain, and environmental targets, potential waste sources, and migration pathways. From information in the PA or other information coming to EPA's attention, EPA will determine whether a follow-up SI is required. An SI augments the data collected in a PA. An SI may reflect sampling and other field data that are used to determine whether further action or investigation is appropriate. This policy includes any facility for which there is a change in the identity of the responsible Federal agency. The reports should be submitted to the Federal facilities coordinator in the appropriate EPA Regional office. The facilities listed in each section are organized by state and then grouped alphabetically within each state by the Federal agency responsible for the facility. Under each state heading is listed the name and address of the facility, the Federal agency responsible for the facility, the statutory provision(s) under which the facility was reported to EPA, and the correction code(s). The statutory provisions under which a facility reported are listed in a column titled “Reporting Mechanism.” Applicable mechanisms are listed for each facility: for example 3010, 3016, and 103(c). The complete list of Federal facilities that now make up the docket and the complete list of facilities classified as no further remedial action planned (NFRAP) are not being published today. However, the lists are available to interested parties and can be obtained at *http://www.epa.gov/compliance/cleanup/federal/index.html* or by calling the HQ Docket Coordinator at
(202)564-2468. As of today, the total number of Federal facilities that appear on the docket is 2,228. Dated: December 19, 2002. David J. Kling, Director, Federal Facilities Enforcement Office. Docket Revisions Categories of Revisions for Docket Update by Correction Code Categories for Deletion of Facilities
(1)Small-Quantity Generator
(2)Not Federally Owned
(3)Formerly Federally Owned
(4)No Hazardous Waste Generated
(5)(This correction code is no longer used.)
(6)Redundant Listing/Site on Facility
(7)Combining Sites Into One Facility/Entries Combined
(8)Does Not Fit Facility Definition
(9)(This correction code is no longer used.)
(10)(This correction code is no longer used.)
(11)(This correction code is no longer used.)
(12)(This correction code is no longer used.)
(13)(This correction code is no longer used.)
(14)(This correction code is no longer used.) Categories for Addition of Facilities
(15)Small-Quantity Generator With Either a RCRA 3016 or CERCLA 103 Reporting Mechanism
(16)One Entry Being Split Into Two/Federal Agency Responsibility Being Split
(17)New Information Obtained Showing That Facility Should Be Included
(18)Facility Was a Site on a Facility That Was Disbanded; Now a Separate Facility
(19)Sites Were Combined Into One Facility
(19A)New Facility Categories for Corrections of Information About Facilities
(20)Reporting Provisions Change
(20A)Typo Correction/Name Change/Address Change
(21)Changing Responsible Federal Agency (New Responsible Federal Agency Must Submit proof of previously performed PA, which is subject to approval by EPA)
(22)Changing Responsible Federal Agency and Facility Name (New Responsible Must Submit proof of previously performed PA, which is subject to approval by EPA)
(23)New Reporting Mechanism Added at Update
(24)Reporting Mechanism Determined to Be Not Applicable After Review of Regional Files Note: Further information on definitions of categories can be obtained by calling Augusta K. Wills, the HQ Docket Coordinator at
(202)564-2468. > Federal Agency Hazardous Waste Compliance Docket Update #16—Additions Facility name Address City State Zip code Agency Reporting mechanism Code FS-Tongass NF: Tonka Log Transfer Facility 7.75 Mi SW of Petersburg Petersburg AK 99833 Agriculture 3010 19A FWS—AK Maritime NWR Yakak Peninsula SW Adak AK 99546 Interior 103c 19A Cape Yakak AWS Site Former Lowry Training Annex Air Force EOD Range 1/2 Mile North of East Quincy Ave on Watkins Road Aurora CO 80019 Air Force 103c 19A FS-Targhee NF: Chemical Warfare Service Test Site Fremont County Island Park ID 83429 Agriculture 103c 19A BLM-Gllenns Ferry Strychnine Site T5S R10E SEC20 NESE Glenns Ferry ID 83623 Interior 3010 19A BIA-Coeur D'Alene Field Office Agency Rd 4 Mi W of Hwy 95 Plummer ID 83851-0408 Interior 3010 19A Sundance Air Force Station-Gatr Site Seven Miles North By Northwest of Sundance Sundance WY 82729 Air Force 103c 19A Sundance Air Force Station Operations Area 7 Miles North by Northwest of Sundance Sundance WY 82729 Air Force 103c 19A Federal Agency Hazardous Waste Compliance Docket Update #16—Deletions Facility name Address City State Zip code Agency Reporting mechanism Code Bonanza Mining District Bonanza CO 81149 Agriculture 103c 3016 6 US National Photo Interpretation Center 1st & M St SE Washington DC 20374 National Imagery and Mapping 3010 7 Ames Lab #1 1915 N. Scholl Road, Iowa State University Ames IA 50011-3020 Energy 3016 1 Clairborne Range, England Air Force Base LA Hwy 488 13m SW of Alexandria Alexandria LA 71301 Agriculture 3010 2 Mark Twain National Forest 401 Fairgounds Road Rolla MO 65401 Agriculture 103c 3010 4 Flying J Petroleums Inc Williston Refine 1 Mi E of Williston Hwy 1804 Williston ND 58801 103c 2 Hallam Nuclear Power Facility NE 1/4 Sec 19 T7N R6E Hallam NE 68368 Energy 103c 3 Dona Anna Range Camp Mates 20 Miles East Las Cruces NM 88001 Army 3016 6 Franklin D Roosevelt Library 511 Albany Post Rd Hyde Park NY 12538 General Services Administration 3010 4 Niagara Station Youngstown NY 14174 General Services Administration 103c 1 USCG—Station Jones Beach Westend Boat Basin off Ocean Freeport NY 11520-5001 Transportation 3010 1 Federal Agency Hazardous Waste Compliance Docket Update #16—Corrections Facility name Address City State Zip code Agency Reporting mechanism Code c Chugach NF: Grantie Mine T10N R7E S9, SM, NR Port Wells Bay, 20 MI N of Whittier AK 99693 Agriculture 103c 20A o Chugach NF: Grantie Mine T10 R7 S9 Seward Meridian Port Wells AK 99664 Agriculture 103c c Tongass NF: Gold Standard Mine W Side Helm Bay, 10 MI SE of Meyers Chuck On Meyers Chuck AK 99903 Agriculture 103c 20A o Tongass NF: Gold Standard Mine W Side of Helm Bay, 25 MI N of City Ketchikan AK 99919 Agriculture 103c c North River White Alice Communications T18S R10W S36 KRM Unalakleet AK 99684 Air Force 3016 103c 20A, 23 o North River White Alice Communications 8 MI E of Unalakleet Unalakleet AK 99684 Air Force 3016 c Alaska Tok Fuel Terminal 7 MI W of Tok, Alaska Hwy 2 Tok AK 99780 Army 3010 103c 12 o Alaska Tok Fuel Terminal 7 MI W of Tok, Alaska Hwy 2 Tok AK 99780 Army 3010 c BLM-Kogru River Dewline Site West Side of Harrison Bay 60 MI NW of Nuiqsut Nuiqsut AK 99789 Interior 103c 20A o BLM-Kogru River Dewline Site West Side of Harrison Bay Barrow & Prudhoe Bay AK 99723 Interior 103c c CG-Edna Bay Entrance Light Edna Bay, 32 MI NW of City Craig AK 99921 Transportation 3010 103c 23 o CG-Edna Bay Entrance Light Edna Bay, 32 MI NW of City Craig AK 99921 Transportation 3010 c Plumas NF Whitehorse Landfill T23N R8AE S6, TA24N R8E S7 Quincy CA 95971 Agriculture 103a 103c 23 o Plumas NF Whitehorse Landfill T23N R8AE S6, TA24N R8E S7 Quincy CA 95971 Agriculture 103a 103c c Lake Tahoe Basin MU: Meyers Landfill 870 Emerald Bay Rd South Lake Tahoe CA 96150 Agriculture 103a 103c 23 o Lake Tahoe Basin MU: Meyers Landfill 870 Emerald Bay Rd South Lake Tahoe CA 96150 Agriculture 103a c BLM-Swansea Site T 16S, R. 36E., Sec 24, SE SW, Mt Diablo M Keeler CA 93530 Interior 103c 3016 20A o BLM-Swansea Site T 16S, R. 36E., Sec 24, SE SW, Mt Diablo M Keeler CA Interior 103c 3016 c NPS-Golden Gate National Recreation Building 201 Fort Mason San Francisco CA 94123 Interior 103c 20A o NPS-Golden Gate National Recreation Building 201 Fort Mason San Francisco CA Interior 103c c BLM-Stateline Dump (Landfill) 10 M E of Town of Tulelake Tulelake CA 96134 Interior 3016 103c 20A o BLM-Stateline Dump (Landfill) of Tulelake CA Interior 3016 103c c Boeing North American, Inc 12214 Lakewood Blvd Downey CA 90241 NASA 3010 103c 23 o Boeing North American, Inc 12214 Lakewood Blvd Downey CA 90241 NASA 3010 c NASA Santa Susana Field Laboratory Woodlsey Canyon Road Simi Valley CA 91304 NASA 3005 3010 3016 103c 20A o USNASA Boeing SSFL Area II Santa Susana Field Lab NASA Simi Hills CA 91311 NASA 3005 3010 3016 103c c Oakland Naval Supply Center, Alameda 2155 Mariner Square Loop Alameda CA 94501 Navy 103c 3010 3005 20A o Oakland Naval Supply Center, Alameda Alameda CA 94501 Navy 103c 3010 3005 c Former NAVFAC Engineering Field 900 Commodore Drive San Bruno CA 94066 Navy 103c 20A o Western Division, Naval Facilities 900 Commodore Drive San Bruno CA Navy 103c c Grand Junction Office 2597 B 3/4 Road Grand Junction CO 81503 Energy 3016 103c 3005 3010 20A o Grand Junction Projects Office 3597 B-3/4 RD PO2567 Grand Junction CO 81502-5504 Energy 3016 103c 3005 3010 c BLM-San Miguel Landfill #2 T44N R17W Sec 18 Slick Rock CO 81333 Interior 103c 20A o BLM-San Miguel Landfill #2 T44N R17W Sec 18 Slick Rock CO Interior 103c c BLM-Walden Landfill Approximately 3 MI. NE of Walden Walden CO 80480 Interior 103c 20A o BLM-Walden Landfill T9N R79W Sec 24, 6THPM Walden CO Interior 103c c Army Engine Plant Stratford 550 South Main Street Stratford CT 06497 Army 3005 3010 3016 103c 20A o Stratford Army Engine Plant 550 South Main Street Stratford CT 06497 Army 3005 3010 3016 103c c Former NUSC New London Laboratory 900 Bank Street Fort Trumbull CT 06320 Navy 3010 103c 103a 20A o New London Naval Underwater Systems New London Laboratory New London CT 06320 Navy 3010 103c 103a c National Imagery and Mapping Agency 1st St & M St SE Washington DC 20374 National Imagery and 3010 22 o National Photographic 1st St & M St SE Washington DC 20374 EPA 3010 c Miami Coast Guard Air Station OPA Locka Airport Opa Locka FL 33054 Transportation 103c 20A o Miami Coast Guard Air Station OPA Locka Airport Opa Locka FL Transportation 103c 3010 c Lualualei National Response Team Lualualei Valley Oahu Island Wahiawa HI 96786 Navy 103c 20A o Lualualei National Response Team Lualualei Valley Oahu Island Lualualei HI Navy 103c c Sac City Army Reserve Center 1801 Gishwiller Rd Sac City IA 50583 Army 3010 103c 23 o Sac City Army Reserve Center 1801 Gishwiller Rd Sac City IA 50583 Army 3010 c Waverly
(EX)Air Station Z-81 1 MI S of Waverly Waverly IA 50677 Army 103c 20A o Waverly
(EX)Air Station
(ARNG)1 MI S of Waverly Waverly IA Army 103c c Caribou NF: S Mabey Canyon T8S R44E S10, 11, 14 & 15 BM Conda ID 83230 Agriculture 103c 20A o Caribou NF: S Mabey Canyon Cross Valley T8S R44E S10, 11, 14 & 15 BM Conda ID 83230 Agriculture 103c c FS-Lazy C H Ranch Star Rt 1, 15 MI SW of City Montpelier ID 83254 Agriculture 3010 103c 23 o FS-Lazy C H Ranch Star Rt 1, 15 MI SW of City Montpelier ID 83254 Agriculture 3010 c BLM-Cream Can Junction Pesticide T5S R26E S35 SW 1/4 SW 1/4 BM Minidoka ID 83343 Interior 3010 103c 20A, 23 o BLM-Cream Can Junction T5S R26E S35 SW 1/4 SW 1/4 BM Minidoka ID 83343 Interior 3010 c BLM-Dobson Pass T48N R4E S1 Lot 9 Wallace ID 83873 Interior 3010 103c 23 o BLM-Dobson Pass T48N R4E S1 Lot 9 Wallace ID 83873 Interior 3010 c Army Reserve Personnel Command East of Intersection of D St & 1st St Granite City IL 62040 Army 3010 103c 20A, 23 o Army Reserve Personnel Command Rte 3 & Neidringhaus Granite City IL 62040 Army 3010 c Hoosier NF: Branchville Site 811 Constitution Avenue Bedford IN 47421 Agriculture 103c 3016 20A o Wayne-Hoosier NF: Branchville Site 811 Constitution Avenue Bedford IN 47421 Agriculture 103c 3016 c Carl J. Shelter Army Reserve Center 2300 10th Street Lake Charles LA 70601 Army 3010 103c 23 o Carl J. Shetler Army Reserve Center 2300 10th St Lake Charles LA 70601 Army 3010 c Natick Lab. Army Research, Kansas St. Natick 0 MA 01760 Army 3010 3016 103c 20A o Natick Research Development and Kansas St. Natick MA 01760 Army 3010 3016 103c c Nyanza Chemical Waste Dump Megunko Rd Ashland MA 01721 EPA 3010 20A o Nyanza Superfund Site Megunko Rd Ashland MA 01721 EPA 3010 c Doi Parker River Refuge Northern Boulevard, Plum Island Newburyport MA 01950 Interior 3016 103c 20A o FWS-Parker River National Wildlife Northern Boulevard, Plum Island Newburyport MA 01950 Interior 3016 103c c U.S. Postal Service 135 A Street Boston MA 02210 Postal Service 3010 103c 20A o Boston Postal Service 135 A Street Boston MA 02210 Postal Service 3010 103c c U.S. Postal Service Incoming Mail Center 307 Becham St Chelsea MA 02150 Postal Service 103c 20A o Chelsea Postal Service Incoming Mail 307 Becham St Chelsea MA 02150 Postal Service 103c c U.S. Coast Guard Buoy, Depot South Trotter Road South Weymouth MA 02190 Transportation 3005 3010 103c 20A o South Weymouth, Coast Guard Buoy Trotter Road South Weymouth MA 02190 Transportation 3005 3010 103c c Naval Communication, Unit Washington Dangerfield & Commo Road Clinton MD 20735 Navy 103c 103a 3010 20A, 23 o Cheltenham Naval Communications Unit Cheltenham MD 20623 Navy 103a c Bloodsworth Island Bombardment Range Chesapeake Bay, 4 MI. South of Crocheron Crocheron MD 21627 Navy 103c 20A o Bloodsworth Archipelago N Potomac Runs Chesapea N/A MD Navy 103c c US Coast Guard Yard Hawkins Point Rd Baltimore MD 21226 Transportation 3010 103c 20A o Baltimore Coast Guard Yard Hawkins Pt Rd Baltimore MD 21226 Transportation 3010 103c c Maine Air National Guard-BIA Bangor Int'l Arprt Rt 222/Geofrey Blvd Bangor ME 04401 Air Force 103c 20A o Bangor Maine Air National Guard-BIA Bangor Int'l Arprt Rt 222/Geofrey Blvd Bangor ME 04401 Air Force 103c c U.S. Defense Fuel Support Point Casco RT 123 Harpswell (South) ME 04079 Defense Logistics 3010 3016 103c 20A o Casco Bay Defense Fuel Support Point RT 123 Harpswell (South) ME 04079 Defense Logistics 3010 3016 103c c U.S. Defense Fuel Support Support Point Trundy Road Box 112 Searsport ME 04974 Defense Logistics 3010 3016 103c 20A o Searsport Defense Fuel Support Point Trundy Road Box 112 Searsport ME 04974 Defense Logistics 3010 3016 103c c Brunswick Naval Air Station 1251 Orion Street Brunswick ME 04011-5009 Navy 3005 3010 3016 103c 20A o Naval Air Station Brunswick 1251 Orion Street Brunswick ME 04011-5009 Navy 3005 3010 3016 103c c Cutler Naval Computer & Telecommunication AM Off Rt 191 Cutler ME 04626-9608 Navy 3010 3016 103c 20A o Cutler Naval Computer & Off Rt 191 East Machias ME 04630 Navy 3010 3016 103 c Former Gouldsboro NSGA Operations Site Route 195 Gouldsboro ME 04624 Navy 103c 20A o Gouldsboro Naval Security Group Bldg 41 (Operations site) Gouldsboro ME 04624 Navy 103c c South Portland Coast Guard Base 259 High St South Portland ME 04106 Transportation 3010 103c 20A o U.S. Coast Guard Base South Portland 259 High St South Portland ME 04106 Transportation 3010 103c c Desoto National Forest Access Roads 100 W. Capitol St., Suite 1141 Jackson MS 39269 Agriculture 103c 3016 20A o Desoto National Forest Access Roads 100 W. Capitol St., Suite 1141 Jackson MS 39269 Agriculture 103c 3016 c Belton Communication Facility SE 1/4 & Part SW 1/4 , Sec 25, T46N, R33W Belton MO 64012 Energy 103c 20A o Belton Communication Facility Hwy 71 at Belton 2.5 Miles 187th Street Belton MO Energy 103c c BLM-Londonderry Mine/Maxville Tailings NW 1/4 SW 1/4 Sec. 4 T8N R13W Maxville MT 82007 Interior 103c 20A o BM-Londonderry Mine NW 1/4 SW 1/4 Sec. 4 T8N R13W Maxville MT Interior 103c c U.S. Army Cold Regions Research and Route 10 Hanover NH 03755 Army 103c 3016 103a 20A o Cold Regions Research Laboratory Route 10 Hanover NH 03755 Army 103c 3016 103a c Boulder CY Engineering Lab (BR- 500 Date St. Boulder City NV 89005 Interior 3005 3010 103c 20A o BM-Date Street Complex (Boulder City 500 Date St. Boulder City NV 89005 Interior 3005 3010 103c c Gus Kefurt Army Reserve Center 399 Miller Street Youngstown OH 44507-1591 Army 3010 103c 23 o Gus Kefurt Army Reserve Center 399 Miller Street Youngstown OH 44507 Army 3010 c U.S. Armed Forces Reserve Center 1101 North 6th Street Broken Arrow OK 74012 Army 3010 103c 23 o Broken Arrow Army Reserve Center—20 1101 N 6th Ste 4 Broken Arrow OK 74012 Army 3010 c Tracy W. Young U.S. Army Reserve 805 West Hartford Avenue Ponca City OK 74601 Army 3010 103c 20A, 23 o Ponca City Army Reserve Center 805 West Hartford Ave Ponca City OK 74601 Army 3010 c Bia-Caddo County Landfill #1 SE/4 Sec 7 T5N R11W SW/4 Sec 8 Apache OK 73006 Interior 103c 20A o Bia-Caddo County Landfill #1 SE/4 Sec 7 T5N R11W SW/4 Sec 8 Apache OK Interior 103c c Bia-Caddo County Landfill #5 W/2 SW/4 Sec 16 T6N R11 Apache OK 73006 Interior 103c 20A o Bia-Caddo County Landfill #5 W/2 SW/4 Sec 16 T6N R11 Apache OK Interior 103c c Bia-Caddo County Landfill #2 S2 SE4 Sec 4 T7N R13W Carnegie OK 73015 Interior 103c 20A o Bia-Caddo County Landfill #2 S2 SE4 Sec 4 T7N R13W Carnegie OK Interior 103c c Bia-Caddo County Landfill #3 NE/4 NE4 Sec 10 T7N R13W Carnegie OK 73015 Interior 103c 20A o Bia-Caddo County Landfill #3 NE/4 NE4 Sec 10 T7N R13W Carnegie OK Interior 103c c Bia-Caddo County Landfill #4 W2 NW4 Sec 35 T8N R13W Carnegie OK 73015 Interior 103c 20A o Bia-Caddo County Landfill #4 W2 NW4 Sec 35 T8N R13W Carnegie OK Interior 103c c Bia-Caddo County Landfill #6 SE4 SE4 Sec 34 T9N R12 Fort Cobb OK 73038 Interior 103c 20A o Bia-Caddo County Landfill #6 SE4 SE4 Sec 34 T9N R12 Fort Cobb OK Interior 103c c Bia-Caddo County Landfill #7 SW4 NE4 Sec 14 T9N R12W Fort Cobb OK 73038 Interior 103c 20A o Bia-Caddo County Landfill #7 SW4 NE4 Sec14 T9N R12W Fort Cobb OK Interior 103c c BIA-Caddo County Landfill #8 NE4 NE4 Sec 22 T9N R12W Fort Cobb OK 73038 Interior 103c 20A o BIA-Caddo County Landfill #8 NE4 NE4 Sec 22 T9N R12W Fort Cobb OK Interior 103c c Elk Creek Dam Project Elk Creek Rd, 4.8 MI NE OF, Trail Trail OR 97541 Corps of Engineers, Civil 103c 20A o Elk Creek Dam 27 MI N of City Medford OR 97503 Corps of Engineers, Civil 103c c Albany Research Center 1450 SW Queen Ave Albany OR 97321 Energy 3010 3016 22 o BM-Albany Research Center 1450 SW Queen Ave Albany OR 97321 Interior 3010 3016 103c c BLM-Glass Buttes Mine & Retorts Site 3 MI S of Milepost 82 off Hwy 20, T23S R23E S27&34, & T24S R23E S3, WM, 20 MI Brothers OR 97712 Interior 103a 103c 23 o BLM-Glass Buttes 3 MI S of Milepost 82 off Hwy 20, 20 MI SE of Brothers OR 97712 Interior 103a c U.S. Army Reserve Maintenance Facility Albion Road Smithfield RI 02917 Army 103c 20A o Smithfield Army Reserve Maintenance Albion Road Smithfield RI 02917 Army 103c c Black Hills NF: Spokane Munitions R6E, T25, SW 1/4 , Sec 26 Spokane SD 57730 Agriculture 103c3016 20A o Black Hills NF: Spokane Munitions RGE, T25, SW 1/4 , Sec 26 Spokane SD Agriculture 103c 3016 c Manti-Lasal NF: Bears Ears #11 Rex Group Old La Sal UT 84530 Agriculture 3016 103c 20A o Manti-Lasal NF: Bears Nars-Rex Group Old La Sal UT 84530 Agriculture 3016 103c c Manti-Lasal NF: Brushy Basin #31 Alias Pretty Old La Sal UT 84530 Agriculture 103c 3016 20A o Manti-Lasal NF: Brushy Basin #31 Old La Sal UT 84530 Agriculture 103c 3016 c BLM-Worland Landfill West of Wyoming Street 433 Worland WY 82401 Interio 103c 20A o BLM-Worland Landfill T47NR93WSEC23 Worland WY Interior 103c c BLM-Birch Creek Site State Rt.235 at Calpet Calpet WY 82923 Interior 103c 20A o BLM-Birch Creek Site T27NR13WSEC34 Worland WY Interior 103c c BLM-Old Lysite Landfill Badwater Road Lysite WY 82642 Interior 103c 20A o BLM-Old Lysite Landfill T30NR9WSEC1 WY Interior 103c c BLM-Boulder Landfill Wyoming State Rt 23-106 Sublette WY 82923 Interior 103c 20A o BLM-Boulder Landfill T31NR108WSEC3 Boulder WY Interior 103c c BLM-South Bighorn County Landfill Off of US 20 Greybull WY 82410 Interior 103c 20A o BLM-South Bighorn County Landfill T52NR93WSEC20 WY Interior 103c c U.S. Army Ethan Allen Firing Range Lee River Road Jericho VT 05465 Army 3010103c 20A o Ethan Allen Firing Range Lee River Road Jericho VT 05465 Army 3010103 Federal Agency Hazardous Waste Compliance Docket Update #16 NFRAP Status Updates Facility name Address City State Zip code Agency Reporting mechanism Fresno Horticultural Field Station 2021 South Peach Ave Fresno CA 93727 Agriculture 3016 103c Former NAVFAC Engineering Field 900 Commodore Drive San Bruno CA 94066 Navy 103c San Diego Naval Medical Center 34800 Bob Wilson Dr, Suite 1800 San Diego CA 92314-5001 Navy 103a 103c 3010 Bloomfield Naval Weapons Industrial Old Windsor Avenue, P.O. Box 2 Bloomfield CT 06002 Navy 103c New London Naval Submarine Base Route 12 Crystal Lake Road Groton CT 06349 Navy 3005 3010 3016 103c Hoosier NF: Branchville Site 811 Constitution Avenue Bedford IN 47421 Agriculture 103c 3016 Carl J. Shelter Army Reserve Center 2300 10th Street Lake Charles LA 70601 Army 3010 103c Truro Inst STP Off Aldrich Rd N Truro MA 02666 Air Force 103c 3010 Massachusetts Air National Guard Skyline Dr Worcester MA 01605 Air Force 103c Fort Devens Buena Vista St. Ayer-Shirley MA 01432 Army 3005 3010 3016 103c 103a Lt John A. Ferra US Army Reserve Center North St Danvers MA 01923 Army 103c Natick Lab. Army Research, Development Kansas St. Natick MA 01760 Army 3010 3016 103c Materials Technology Laboratory 405 Arsenal St Watertown MA 02172 Army 3005 3010 3016 103c 103a Nyanza Chemical Waste Dump Megunko Rd Ashland MA 01721 EPA 3010 DOI Parker River Refuge Northern Boulevard Plum Island Newburyport MA 01950 Interior 3016 103c Bedford Naval Weapons Industrial Reserve Hartwell Road Bedford MA 01730 Navy 3016 103c 103a South Weymouth Naval Air Station Nas S. Weymouth Pwd Code 72.3 South Weymouth MA 02190 Navy 3005 3010 3016 103c U.S. Coast Guard Buoy Depot South Weymouth Trotter Road South Weymouth MA 02190 Transportation 3005 3010 103c Boston Veterans Affairs Hospital 150 S Huntington Rd Boston MA 02130 Veterans Affairs 103c Maine Air National Guard-Bia Bangor Int'l Arprt Rt 222/Geofrey Blvd Bangor ME 04401 Air Force 103c Loring Air Force Base 42 CSG/CC Limestone ME 04751 Air Force 3005 3010 3016 103c 103a Auburn Training Site Organizational Maint Stevens Mill Road Auburn ME 04210 Army 3016 Caswell Training Site 5 Miles Caribou ME 04750 Army 3016 Brunswick Naval Air Station 1251 Orion Street Brunswick ME 04011-5009 Navy 3005 3010 3016 103c 103a Cutler Naval Computer & Telecommunication AM Off Rt 191 Cutler ME 04626-9608 Navy 3010 3016 103c Portsmouth Naval Shipyard Seavy Island Kittery ME 03904 Navy 3005 3010 3016 103c 103a Hiawatha NF: Byers Lake Resort 1.22 mi W & 1.22 mi N of Stueben W Section of Schoolcraft City MI 49829 Agriculture 103c 3016 Battle Creek Medical Center 5600 Armstrong Road Battle Creek MI 49016 Veterans Affairs 3010 Desoto National Forest Access Roads: Road 415 100 W. Capital St., Suite 1141 Jackson MS 39269 Agriculture 3016 103c Pease Air Force 509 CSG/CC Portsmouth NH 03801 Air Force 3005 3010 3016 103c U.S. Army Cold Regions Research and Route 10 Hanover NH 03755 Army 103c 3016 103a Keene Army Reserve Center 682 Main Street Keene NH Army 103c Grenier Field Army Reserve Center Galaxy Drive Manchester NH Army 103c Otter Brook Lake Property Old Concord Rd Keene NH 03431 Corps of Engineers, Civil 103c Surry Mountain Shooting Range East Surry Rd Surry NH 03431 Corps of Engineers, Civil 103c Manchester Medical Center Ash Dump 718 Smyth Road Manchester NH 03104 Veterans Affairs 103c Manchester Housing and Development 83 Trahan Street Manchester NH 03103 3010 Fort Bliss Air Defense Center McGregor Range FAW 10 McGregor Range NM 88003 Army 3005 3010 Ross Aviation, Inc Hangar 481 Kirtland AFB NM 87117 Energy 103c 3016 U.S. Postal Service—JAF Bldg 8th Ave & 33rd Street New York NY 10199 Postal Service 3010 U.S. Armed Forces Reserve Center 1101 North 6thO='.' Street Broken Arrow OK 74012 Army 3010 103c Tracy W. Young, U.S. Army Reserve 805 West Hartford Avenue Ponca City OK 74601 Army 3010 103c North Smithfield Nike Control Area 274 Old Oxford Road North Smithfield RI 02876 Air Force 103c U.S. Army Reserve Maintenance Facility Albion Road Smithfield RI 02917 Army 103c Davisville Naval Construction Battalion Off Sanford Road North Kingstown RI 02871 Navy 3016 103c 103a 3010 3005 Manti-Lasal NF: Brushy Basin #31 Alias Pretty Old La Sal UT 84530 Agriculture 103c 3016 Manti-Lasal NF: Mt. Linnaeus #1 Laura Old La Sal UT 84530 Agriculture 103c 3016 Manti-Lasal NF: Bears Ears #11 Rex Group Alias Old La Sal UT 84530 Agriculture 103c 3016 Chester Army Reserve Center Route 11 Chester VT Army 103c T.S. Ethan Allen Air Force Base, RS Bldg. #5, Camp Johnson Colchester VT 05446 Army 3016 [FR Doc. 02-32908 filed 12-31-02; 8:45 am] BILLING CODE 6560-50-P FEDERAL COMMUNICATONS COMMISSION [WC Docket No. 02-314; FCC 02-332] Application by Qwest Communications International Inc., Pursuant to Section 271 of the Telecommunications Act of 1996, For Authorization To Provide In-Region, InterLATA Service in the States of Colorado, Idaho, Iowa, Montana, Nebraska, North Dakota, Utah, Washington and Wyoming AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: In this document, the Commission grants the section 271 application of Qwest Communications International Inc. for authority to enter the interLATA telecommunications market in the states of Colorado, Idaho, Iowa, Montana, Nebraska, North Dakota, Utah, Washington, and Wyoming. The Commission grants Qwest's application based on its conclusion that Qwest has satisfied all of the statutory requirements for entry, and opened its local exchange markets to full competition. DATES: Effective January 2, 2003. FOR FURTHER INFORMATION CONTACT: Michael Carowitz, Attorney-Advisor, Wireline Competition Bureau, at 202-418-0026 or via the Internet at *mcarowit@fcc.gov* . The complete text of this Memorandum Opinion and Order is available for inspection and copying during normal business hours in the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. Further information may also be obtained by calling the Wireline Competition Bureau's TTY number:
(202)418-0484. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Memorandum Opinion and Order (MO&O) in WC Docket No. 02-314, FCC 02-332, adopted December 20, 2002, and released December 23, 2002. This full text may be purchased from the Commission's duplicating contractor, Qualex International, Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 202-863-2893, facsimile 202-863-2898, or via e-mail *qualexint@aol.com* . It is also available on the Commission's Web site at *http://www.fcc.gov/Bureaus/Common_Carrier/in-region_applications/verizon_vt/welcome.html* . Synopsis of the Order 1. *History of the Application.* On September 30, 2002, Qwest filed an application, pursuant to section 271 of the Telecommunications Act of 1996, with the Commission to provide in-region, interLATA service in the states of Colorado, Idaho, Iowa, Montana, Nebraska, North Dakota, Utah, Washington and Wyoming. 2. *The State Commissions' Evaluations.* The Colorado Public Utilities Commission (Colorado Commission), the Idaho Public Utilities Commission (Idaho Commission), the Iowa Utilities Board (Iowa Board), the Montana Public Service Commission (Montana Commission), the Nebraska Public Service Commission (Nebraska Commission), the North Dakota Public Service Commission (North Dakota Commission), the Public Service Commission of Utah (Utah Commission), the Washington Utilities and Transportation Commission (Washington Commission), and the Wyoming Public Service Commission (Wyoming Commission), (collectively, state commissions), following an extensive review process over a number of years, advised Commission that Qwest met the checklist requirements of section 271 and has taken the statutorily required steps to open its local markets in each state to competition. Consequently, the state commissions recommended that the Commission approve Qwest's in-region, interLATA entry in its evaluations. 3. *The Department of Justice's Evaluation.* The Department of Justice filed its evaluation of Qwest's Application on October 22, 2002. It recommended approval of the application subject to Qwest's submission of supplemental evidence addressing certain pricing issues. Primary Issues in Dispute 4. *Compliance with section 271(c)(1)(A).* The Commission concludes that Qwest demonstrates that it satisfies the requirements of section 271
(A)based on the number of interconnections agreements it has implemented with competing carriers in all nine states. 5. *Checklist Item 2—Unbundled Network Elements.* Based on the record, the Commission finds that Qwest has provided “nondiscriminatory access to network elements in accordance with the requirements of sections 251(c)(3) and 252(d)(1)” of the Act in compliance with checklist item 2. 6. *Operating Support Systems (OSS).* The Commission finds that Qwest provides non-discriminatory access to its OSS. The Commission also concludes that Qwest provides nondiscriminatory access to its OSS—the systems, databases, and personnel necessary to support network elements or services. Nondiscriminatory access to OSS ensures that new entrants have the ability to order service for their customers and communicate effectively with Qwest regarding basic activities such as placing orders and providing maintenance and repair services for customers. The Commission finds that, for each of the primary OSS functions (pre-ordering, ordering, provisioning, maintenance and repair, and billing, as well as change management), Qwest provides access to its OSS in a manner that enables competing carriers to perform the functions in substantially the same time and manner as Qwest does or, if no appropriate retail analogue exists within Qwest's systems, in a manner that permits competitors a meaningful opportunity to compete. In particular, the Commission finds that Qwest provides access to loop qualification information consistent with requirements in the *UNE Remand Order* . In addition, regarding specific areas where the Commission identifies issues with Qwest's OSS performance in the nine-state region—order processing notifiers, accuracy of manual processing, flow-through, and billing accuracy—these problems are not sufficient to warrant a finding of checklist noncompliance. 7. *UNE Combinations.* Pursuant to section 271(c)(2)(B)(ii) and BOC must demonstrate that it provides nondiscriminatory access to network elements in a manner that allows requesting carriers to combine such elements and that the BOC does not separate already combined elements, except at the specific request of the competing carrier. The Commission concludes, based on the performance data in the record, that Qwest meets its obligation to provide access to UNE combinations in compliance with the Commission's rules. 8. *Pricing of Unbundled Network Elements.* Checklist item 2 states that a BOC must provide “nondiscriminatory access to network elements in accordance with sections 251(c)
(3)and 252(d) (1)” of the Act. Section 251(c)(3) requires incumbent LECs to provide “nondiscriminatory access to network elements on an unbundled basis at any technically feasible point on rates, terms, and conditions that are just, reasonable, and nondiscriminatory.” Section 252(d)
(1)provides that a state commission's determination of the just and reasonable rates for network elements, must be nondiscriminatory, based on the cost of providing the network elements, and may include a reasonable profit. Pursuant to this statutory mandate, the Commission has determined that prices for UNEs must be based on the total element long run incremental cost (TELRIC) of providing those elements. Based on the evidence in the record, the Commission finds that Qwest's UNE rates in Colorado, Idaho, Iowa, Montana, Nebraska, North Dakota, Utah, Washington, and Wyoming are just, reasonable, and nondiscriminatory, and are in accordance with section 252(d)(1). Thus, Qwest's UNE rates in these states satisfy checklist item 2. Qwest has taken a different approach to pricing issues compared to other BOCs whose applications we previously have approved under section 271. Qwest made a series of voluntary rate reductions in Idaho, Iowa, Montana, Nebraska, North Dakota, Utah, Washington, and Wyoming prior to filing its section 271 applications. Those reductions were specifically calculated to produce rates that would enable those states to pass a benchmark comparison to rates in Colorado. The Commission first evaluated Qwest's UNE rates in Colorado and found them to be TELRIC-compliant. The Commission next conducted a benchmark analysis comparing Qwest's Idaho, Iowa, Montana, Nebraska, North Dakota, Utah, Washington, and Wyoming UNE rates to the Colorado UNE rates. This analysis compares the difference between the benchmark state's rates and Colorado's rates to the difference between the benchmark state's and Colorado's costs according to the Synthesis Model. Because the percentage differences between Qwest's Colorado rates and the benchmark state rates do not exceed the percentage differences between Qwest's Colorado costs and the benchmark state's costs according to the Synthesis Model, the Commission found that Qwest's rates in Idaho, Iowa, Montana, Nebraska, North Dakota, Utah, Washington, and Wyoming satisfy our benchmark analysis. Other Checklist Items 9. *Checklist Item 1—Interconnection.* Based on the evidence in the record, the Commission concludes that Qwest provides interconnection in accordance with the requirements of section 251(c)
(2)and as specified in section 271 and applied in the Commission's prior orders. Based on its review of the record, the Commission concludes, that Qwest complies with the requirements of this checklist item. In reaching this conclusion, the Commission examined Qwest's performance in providing collocation and interconnection trunks to competing carriers, as it has done in prior section 271 proceedings. 10. *Checklist Item 4—Unbundled Local Loops.* Qwest provides unbundled local loops in accordance with the requirements of section 271 and the Commission's rules. The Commission's conclusion is based on its review of Qwest's performance for all loop types, which include voice grade loops, xDSL-capable loops, and high capacity loops, as well as hot cut provisioning and our review of Qwest's processes for line sharing and line splitting. 11. *Checklist Item 5—Unbundled Local Transport.* Section 271(c)(2)(B)(v) of the competitive checklist requires a BOC to provide “[l]ocal transport from the trunk side of a wireline local exchange carrier switch unbundled from switching or other services.” Based on our review of the record, the Commission concludes that Qwest complies with the requirements of this checklist item. 12. *Checklist Item 6—Unbundled Local Switching.* Based on the Commission's review of the record, it concludes that Qwest demonstrates that it provides:
(1)line-side and trunk-side facilities;
(2)basic switching functions;
(3)vertical features;
(4)customized routing;
(5)shared truck ports;
(6)unbundled tandem switching;
(7)usage information for billing exchange access; and
(8)usage information for billing for reciprocal compensation in compliance with checklist item 6. 13. *Checklist Item 7—911/E911 Access and Directory Assistance/Operator Services.* Based on the Commission's review of the record, it finds that Qwest provides non-discriminatory access to 911 and E911 services and access to directory assistance services to allow the other carrier's customers to obtain telephone numbers and operator call completion services in compliance with checklist item 7. 14. *Checklist Item 10—Databases and Signaling.* Section 271(c)(2)(B)(x) of the 1996 Act requires a BOC to provide nondiscriminatory access to databases and associated signaling necessary for call routing and completion. Qwest states that it provides competitive LECs in each of the five application states with unbundled, nondiscriminatory access to its signaling network, including signaling links and transfer points, and to Qwest's call-related databases and service management systems. Based on the evidence in the record, the Commission finds that Qwest complies with the requirements of checklist item 10. 15. *Checklist Item 11—Number Portability.* Section 251(b)(2) requires all LECs to provide, to the extent technically feasible, number portability in accordance with requirements prescribed by the Commission. Qwest states that it satisfies the requirements of checklist item 11 as it complies with the Commission's
(a)long term number portability (“LNP”) implementation schedule;
(b)performance criteria;
(c)technical, operational, architectural and administrative requirements and
(d)cost recovery rules for number portability. Based on the evidence in the record, the Commission concludes that Qwest has satisfied the requirements of checklist item 11. 16. *Checklist Item 14—Resale.* Based on the record in this proceeding, the Commission concludes that Qwest demonstrates that it makes telecommunications services available for resale in accordance with the requirements of section 251(c)(4) and section 252(d)(3), and thus satisfies the requirements of checklist item 14. 17. *Remaining Checklist Items.* An applicant for section 271 authority must demonstrate that it complies with checklist item 3 (poles, ducts, and conduits), item 8 (white pages), item 9 (numbering administration), item 12 (local dialing parity), and item 13 (reciprocal compensation). Based on the evidence in this record, the Commission concludes that Qwest complies with the requirements of all of the checklist items: 3, 8, 9, 12, and 13. Other Statutory Requirements 18. *Section 272 Compliance.* Commission standards for compliance with Section 272 are set forth in the *Accounting Safeguards Order* (61 FR 41208, August 7, 1996) and the *Non-Accounting Safeguards Order* (61 FR 39397, July 29, 1996). Together, these safeguards discourage and facilitate the detection of improper cost allocation and cross-subsidization between the BOC and its section 272 affiliate and ensure that BOCs do not discriminate in favor of these section 272 affiliates. Based on the record, the Commission concludes that Qwest and QLDC, its section 272 affiliate, have demonstrated compliance with the requirements of section 272. 19. *Public Interest Analysis.* The Commission concludes that approval of this application is consistent with the public interest. From the Commission's extensive review of the competitive checklist, which embodies the critical elements of market entry under the Act, it finds that barriers to competitive entry in the application states' local exchange markets have been removed, and that these local exchange markets are open to competition. It further finds that the record confirms the Commission's view that BOC entry into the long distance market will benefit consumers and competition if the relevant local exchange market is open to competition consistent with the competitive checklist. Notwithstanding its concern about discrimination in interconnection agreements and potential violations of the Act as a result, the Commission finds that Qwest's previous failure to file certain interconnection agreements with the application states does not warrant a denial of this application. The Commission concludes that concerns about any potential ongoing checklist violation (or discrimination) are met by Qwest's submission of agreements to the commissions of the application states pursuant to section 252 and by each state acting on Qwest's submission of those agreements. Based on the limited circumstances established in the record, the Commission does not find that the allegations concerning Qwest's compliance with section 271 relate to openness of the local telecommunications markets to competition. Instead, it defers any enforcement action pending the Enforcement Bureau's investigation of the matter. 20. *Section 271(d)
(6)Enforcement Authority.* Working with the state commissions, the Commission intends to closely monitor Qwest's post-approval compliance to ensure that Qwest continues to meet the conditions required for section 271 approval. It stands ready to exercise its various statutory enforcement powers quickly and decisively in appropriate circumstances to ensure that the local market remains open in each of the states. Federal Communications Commission. William F. Caton, Deputy Secretary. [FR Doc. 02-33043 Filed 12-31-02; 8:45 am]
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