35302 Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Rules and Regulations 

POSTAL SERVICE 

39 CFR Part 20 

Cigarettes and Smokeless Tobacco— 

Prohibited in All Outbound and 

Inbound International Mail 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is revising 

the Mailing Standards of the United 

States Postal Service, International Mail 

Manual (IMM®) 136.4, pertaining to the 

mailing of tobacco cigarettes and 

smokeless tobacco. These provisions 

implement specific requirements of the 

Prevent All Cigarette Trafficking (PACT) 

Act, which restricts the mailability of 

cigarettes and smokeless tobacco. 

DATES: Effective Date: August 2, 2010. 

FOR FURTHER INFORMATION CONTACT: Rick 

Klutts at 813–877–0372. 

SUPPLEMENTARY INFORMATION: In the 

Postal Service’s final rule titled 

‘‘Treatment of Cigarettes and Smokeless 

Tobacco as Nonmailable Matter’’ 

published in the Federal Register on 

May 27, 2010 (75 FR 29662–29671), the 

Postal Service implemented 

prohibitions and exceptions for the 

mailing of cigarettes, including rollyour-own tobacco, and smokeless 

tobacco under the Prevent All Cigarette 

Trafficking (PACT) Act (Pub. L. 111– 

154). That final rule introduced new 

provisions in Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM®) section 601.11 

that, among other things, provide that 

the exceptions for mailing cigarettes and 

smokeless tobacco under the PACT Act 

do not apply to inbound and outbound 

international mail. As explained in the 

corresponding proposed rule published 

in the Federal Register on May 5, 2010 

(75 FR 24534, 24535), the complex 

verification requirements for the PACT 

Act’s exceptions, combined with the 

strict consequences of any 

noncompliance, render it impracticable 

for these requirements to be made 

applicable to mail originating or 

destinating outside of the Postal 

Service’s service area. The Postal 

Service does not believe that any 

alternative exists at this time to allow 

U.S. mailers to tender cigarettes and 

smokeless tobacco as outbound 

international mail or to receive them as 

inbound international mail under the 

PACT Act’s exceptions. This final rule 

makes conforming changes to the 

mailability provisions in IMM chapter 

136. 

Consequently, the Postal Service 

hereby adopts the following changes to 

Mailing Standards of the United States 

Postal Service, International Mail 

Manual (IMM), which is incorporated 

by reference in the Code of Federal 

Regulations. See 39 CFR 20.1. 

List of Subjects in 39 CFR Part 20 

Foreign relations, International postal 

services. 

■ Accordingly, 39 CFR Part 20 is 

amended to read as follows: 

PART 20—[AMENDED] 

■ 1. The authority citation for 39 CFR 

Part 20 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401, 403, 404, 407, 414, 416, 3001–3011, 

3201–3219, 3403–3406, 3621, 3622, 3626, 

3632, 3633, and 5001. 

■ 2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, International Mail 

Manual (IMM), as follows: 

Mailing Standards of the United States 

Postal Service, International Mail 

Manual (IMM) 

1 International Mail Services 

* * * * * 

130 Mailability 

* * * * * 

136 Nonmailable Goods 

* * * * * 

[Insert new 136.4 as follows:] 

136.4 Cigarettes and Smokeless 

Tobacco 

Cigarettes (including roll-your-own 

tobacco) and smokeless tobacco 

products, as defined in DMM 601.11.1, 

are nonmailable when sent in outbound 

or inbound international mail. As noted 

in DMM 601.11.3, the exceptions for 

mailing under DMM 601.11.4 through 

601.11.8 are not available for shipments 

of such products in international mail. 

* * * * * 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. 2010–14829 Filed 6–21–10; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[Docket: EPA–R10–OAR–2010–0294; FRL– 

9165–2] 

Determination of Attainment for PM10

for the Sandpoint PM10 Nonattainment 

Area, Idaho 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA has determined that the 

Sandpoint nonattainment area in Idaho 

attained the National Ambient Air 

Quality Standard (NAAQS) for 

particulate matter with an aerodynamic 

diameter of less than or equal to a 

nominal ten micrometers (PM10). 

DATES: This action is effective on 

August 23, 2010, without further notice, 

unless EPA receives adverse comment 

by July 22, 2010. If EPA receives adverse 

comment, we will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2010–0294, by any of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: body.steve@epa.gov. 

• Mail: Steve Body, EPA Region 10, 

Office of Air, Waste and Toxics (AWT– 

107), 1200 Sixth Avenue, Suite 900, 

Seattle, WA 98101. 

• Hand Delivery/Courier: EPA Region 

10, 1200 Sixth Avenue, Suite 900, 

Seattle WA, 98101. Attention: Steve 

Body, Office of Air, Waste and Toxics, 

AWT—107. Such deliveries are only 

accepted during normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2010– 

0294. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

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Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Rules and Regulations 35303 

1An exceedance is defined as a daily value that 

is above the level of the 24-hour standard (150 μg/ 

m3) after rounding to the nearest 10 μg/m3 (i.e. 

values ending in 5 or greater are to be rounded up). 

Thus, a recorded value of 154 μg/m3 would not be 

an exceedance since it would be rounded to 150μ/ 

m3 whereas a recorded value of 155 μg/m3 would 

be an exceedance since it would be rounded to 160 

μ/m3. See 40 CFR part 50, appendix K, section 1.0. 

2EPA promulgated amendments to the ambient 

air monitoring regulations in 40 CFR parts 53 and 

58 on October 17, 2006. See 71 FR 61236. The 

requirements for Special Purpose Monitors were 

revised and moved from 40 CFR 58.14 to 40 CFR 

58.20. 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification. 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the 

Office of Air, Waste and Toxics, EPA 

Region 10, 1200 Sixth Avenue, Seattle, 

WA 98101. 

FOR FURTHER INFORMATION CONTACT: 

Steve Body at telephone number: (206) 

553–0782, e-mail address: 

body.steve@epa.gov, or the above EPA, 

Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean 

EPA. Information is organized as 

follows: 

Table of Contents 

I. Background 

A. PM10 NAAQS 

B. Designation and Classification of PM10

Nonattainment Areas 

C. How does EPA make attainment 

determinations? 

D. What is the attainment date for the 

Sandpoint PM10 nonattainment area? 

E. What PM10 planning has occurred for 

the Sandpoint PM10 nonattainment area? 

II. EPA’s Analysis 

A. What does the air quality data show as 

of the December 31, 1996 Attainment 

date? 

B. Does more recent air quality data also 

show attainment? 

III. Statutory and Executive Order Reviews 

I. Background 

A. PM10 NAAQS 

The NAAQS are levels for certain 

ambient air pollutants set by EPA to 

protect public health and welfare. PM10, 

or particulate matter with an 

aerodynamic diameter less than or equal 

to a nominal 10 micrometers, is among 

the ambient air pollutants for which 

EPA has established health-based 

standards. On July 1, 1987 (52 FR 

24634), EPA promulgated two primary 

standards for PM10: a 24-hour standard 

of 150 micrograms per cubic meter (μg/ 

m3) and an annual PM10 standard of 50 

μg/m3. EPA also promulgated secondary 

PM10 standards that were identical to 

the primary standards. 

Effective December 18, 2006, EPA 

revoked the annual PM10 standard but 

retained the 24-hour PM10 standard. 71 

FR 61144 (October 17, 2006). The 24- 

hour PM10 standard is attained when the 

expected number of days per calendar 

year with a 24-hour concentration in 

excess of the standard, as determined in 

accordance with 40 CFR part 50, 

appendix K, is equal to or less than 

one.1 40 CFR 50.6 and 40 CFR part 50, 

appendix K. 

B. Designation and Classification of 

PM10 Nonattainment Areas 

Areas meeting the requirements of 

section 107(d)(4)(B) of the Clean Air Act 

(CAA or the Act) were designated 

nonattainment for PM10 by operation of 

law and classified ‘‘moderate’’ upon 

enactment of the 1990 Clean Air Act 

Amendments. See generally 42 U.S.C. 

7407(d)(4)(B). These areas included all 

former Group I PM10 planning areas 

identified in 52 FR 29383 (August 7, 

1987), as further clarified in 55 FR 

45799 (October 31, 1990), and any other 

areas violating the NAAQS for PM10

prior to January 1, 1989. A Federal 

Register notice announcing the areas 

designated nonattainment for PM10

upon enactment of the 1990 

Amendments, known as ‘‘initial’’ PM10

nonattainment areas, was published on 

March 15, 1991 (56 FR 11101) and a 

subsequent Federal Register document 

correcting the description of some of 

these areas was published on August 8, 

1991 (56 FR 37654). The Sandpoint 

PM10 nonattainment area was one of 

these initial moderate PM10

nonattainment areas. 

All initial moderate PM10

nonattainment areas had the same 

applicable attainment date of December 

31, 1994. Section 188(d) provides the 

Administrator the authority to grant up 

to two one-year extensions to the 

attainment date provided certain 

requirements are met. States containing 

initial moderate PM10 nonattainment 

areas were required to develop and 

submit to EPA by November 15, 1991, 

a state implementation plan (SIP) 

revision providing implementation of 

reasonably available control measures 

(RACM), including reasonably available 

control technology (RACT), and a 

demonstration of whether attainment of 

the PM10 NAAQS by the December 31, 

1994 attainment date was practicable. 

See section 189(a). 

C. How does EPA make attainment 

determinations? 

All PM10 nonattainment areas are 

initially classified ‘‘moderate’’ by 

operation of law when they are 

designated nonattainment. See section 

188(a). Section 188(b)(2) of the Act 

requires EPA to determine within six 

months of the applicable attainment 

date whether, based on air quality data, 

PM10 nonattainment areas attained the 

PM10 NAAQS by that date. Generally, 

EPA determines whether an area’s air 

quality is meeting the PM10 NAAQS 

based upon complete, quality-assured 

data gathered at established state and 

local air monitoring stations (SLAMS) 

and national air monitoring stations 

(NAMS) in the nonattainment areas and 

entered into the EPA Air Quality System 

(AQS). Data from air monitors operated 

by State/local/tribal agencies in 

compliance with EPA monitoring 

requirements must be submitted to 

AQS. EPA relies primarily on data in 

AQS when determining the attainment 

status of an area. See 40 CFR 50.6; 40 

CFR part 50, appendix J; 40 CFR part 53; 

40 CFR part 58, appendix A. EPA will 

also consider air quality data from other 

air monitoring stations in the 

nonattainment area provided that the 

stations meet the Federal monitoring 

requirements for SLAMS, including the 

quality assurance and quality control 

criteria in 40 CFR part 58, appendix A. 

40 CFR 58.14 (2006) and 58.20 (2007); 2

71 FR 61236, 61242 (October 17, 2006). 

All valid data are reviewed to determine 

the area’s air quality status in 

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35304 Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Rules and Regulations 

3Because the annual PM10 standard was revoked 

effective December 18, 2006, see 71 FR 61144 

(October 17, 2006), this notice discusses only 

attainment of the 24-hour PM10 standard. 

accordance with 40 CFR part 50, 

appendix K. 

Attainment of the 24-hour PM10

standard is determined by calculating 

the expected number of exceedances of 

the standard in a year. The 24-hour 

standard is attained when the expected 

exceedances averaged over a three-year 

period is less than or equal to one. 

Generally, three consecutive years of air 

quality data are required to show 

attainment of the 24-hour PM10

standard. See 40 CFR part 50 and 

appendix K.3

D. What is the attainment date for the 

Sandpoint PM10 nonattainment area? 

The original attainment date for the 

Sandpoint PM10 nonattainment area was 

December 31, 1994. The attainment date 

was later extended to December 31, 

1995, and then to December 31, 1996, 

under the authority of section 188(d) of 

the Act. See 61 FR 20730 (May 8, 1996) 

(first one-year extension); 61 FR 66602 

(December 18, 1996) (second one-year 

extension). 

E. What PM10 planning has occurred for 

the Sandpoint PM10 nonattainment 

area? 

After the Sandpoint PM10

nonattainment area was designated 

nonattainment for PM10, the Idaho 

Department of Environmental Quality 

(IDEQ), began in the early 1990s to 

prepare the technical elements needed 

to bring the area into attainment and 

meet the planning requirements of title 

I of the CAA. Based on these technical 

products IDEQ developed and 

implemented control measures on PM10

sources in the Sandpoint PM10

nonattainment area. The State submitted 

these control measures to EPA on 

August 16, 1996, as a moderate PM10

nonattainment SIP revision under 

section 189(a) of the Act. The control 

measures submitted by the State include 

a comprehensive residential wood 

combustion program, controls on 

fugitive road dust and emission 

limitations on industrial sources. EPA 

took final action to approve the State’s 

moderate PM10 SIP on June 26, 2002. 

See 67 FR 43006. 

II. EPA’s Analysis 

A. What does the air quality data show 

as of the December 31, 1996 attainment 

date? 

The State of Idaho operated a PM10

SLAMS monitoring site in the 

Sandpoint PM10 nonattainment area at 

the Sandpoint Post Office until October 

2001. A new site was established in 

Sandpoint in November 2001 at 310 

South Division Street. This site 

continued operation through March 

2009. In March 2009 the site was moved 

to 1601 Ontario Street in Sandpoint. All 

three sites meet Federal siting 

requirements and are appropriate for 

monitoring the area’s compliance with 

the PM10 NAAQS. (See EPA’s letters 

approving Idaho’s annual network 

review.) 

Based on a review of air quality data 

during the three-year period ending 

with the December 31, 1996 attainment 

date, one 24 hour PM10 concentration, 

reported on January 26, 1994, exceeded 

the level of the 24 hour NAAQS, but 

this single exceedance did not cause a 

violation of the 24 hour NAAQS for the 

calendar years 1994–1996. The expected 

exceedance rate for the Sandpoint area 

for 1994–1996 is 0.7 days per year. This 

is less than the expected exceedance 

rate of the 24 hour NAAQS of 1.0 and 

demonstrates attainment of the 24-hour 

PM10. EPA has therefore determined 

that the Sandpoint PM10 nonattainment 

area attained the PM10 NAAQS by the 

extended attainment date of December 

31, 1996. 

B. Does more recent air quality data also 

show attainment? 

Although the attainment date for the 

Sandpoint PM10 nonattainment area is 

December 31, 1996, EPA has also 

reviewed the air quality data collected 

at the State monitoring sites in the 

Sandpoint area from January 1997 

through December 2009. The data 

continue to show attainment of the 24 

hour PM10 NAAQS during this period. 

The monitoring site at the Post Office 

reported no exceedances of the 24 hour 

NAAQS from 1997 until it was 

discontinued in 2001. The new 

monitoring site at 310 South Division 

Street, which began monitoring in 2001, 

likewise reported no exceedances of the 

24 hour NAAQS from 2001 through 

2009. 

III. Statutory and Executive Order 

Reviews 

This action proposes to make a 

determination based on air quality data, 

and would, if finalized, not result in the 

imposition of any additional Federal 

requirements. For that reason, this 

proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 CAA; and 

• Does not provide 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). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it does not 

apply in Indian country located in the 

State, and will not impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

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. 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 August 23, 2010. 

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Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Rules and Regulations 35305 

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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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 81 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: May 28, 2010. 

Dennis J. McLerran, 

Regional Administrator, EPA Region 10. 

[FR Doc. 2010–14892 Filed 6–21–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 52 

[WC Docket No. 07–244; FCC 10–85] 

Local Number Portability Porting 

Interval and Validation Requirements; 

Telephone Number Portability 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission adopted 

standardized data fields for simple 

number porting to streamline the port 

process and enable service providers to 

accomplish simple wireline-to-wireline 

and intermodal ports within one 

business day. The Commission also 

adopted recommendations made by the 

North American Numbering Council 

addressing the simple port process. 

DATES: Effective July 22, 2010, except 

for 47 CFR 52.36, which contains 

information collections requirements 

that are not effective until approved by 

the Office of Management and Budget. 

The FCC will publish a document in the 

Federal Register announcing the 

effective date for that section. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC, 20554. In addition to 

filing comments with the Office of the 

Secretary, a copy of any comments on 

the Paperwork Reduction Act 

information collections requirements 

contained herein should be submitted to 

Judith B. Herman, Federal 

Communications Commission, Room 1– 

B441, 445 12th Street, SW., Washington, 

DC 20554, or via the Internet to 

PRA@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Jones, Wireline Competition 

Bureau, (202) 418–2357. For additional 

information concerning the Paperwork 

Reduction Act information collection 

requirements contained in this 

document, send an e-mail to 

PRA@fcc.gov or contact Judith B. 

Herman at 202–418–0214. 

SUPPLEMENTARY INFORMATION: On May 

13, 2009, the Commission ordered 

telephone service providers to reduce 

the time they take to transfer, or port, a 

customer’s telephone number to another 

provider from four business days to one, 

and set in motion a process to make that 

possible. 74 FR 31630 (July 2, 2009). 

This Report and Order (Order) 

completes the task of facilitating prompt 

transfers by standardizing the data to be 

exchanged when transferring a 

customer’s telephone number between 

two wireline providers; a wireline and 

wireless provider; or an interconnected 

Voice over Internet Protocol (VoIP) 

provider and any other service provider. 

The Order also adopts recommendations 

made to the Commission by the North 

American Numbering Council (NANC). 

The deadline for implementing onebusiness day porting is August 2, 2010 

for all but small providers, which must 

comply by February 2, 2011. 

Synopsis of Report and Order 

1. Section 251(b)(2) of the 

Communications Act of 1934, as 

amended (the Act), requires local 

exchange carriers (LECs) to ‘‘provide, to 

the extent technically feasible, number 

portability in accordance with 

requirements prescribed by the 

Commission.’’ The Act and the 

Commission’s rules define number 

portability as ‘‘the ability of users of 

telecommunications services to retain, 

at the same location, existing 

telecommunications numbers without 

impairment of quality, reliability, or 

convenience when switching from one 

telecommunications carrier to another.’’ 

The Commission has interpreted this 

language to mean that consumers 

should be able to change providers 

while keeping their telephone number 

as easily as they may change providers 

without taking their telephone number 

with them. 

2. Section 251(e) of the Act gives the 

Commission plenary jurisdiction over 

the North American Numbering Plan 

(NANP) and related telephone 

numbering issues in the United States. 

To implement these congressional 

mandates in Sections 251(b)(2) and 

251(e), the Commission required all 

carriers, including wireline carriers and 

covered commercial mobile radio 

service (CMRS) providers, to provide 

LNP according to a phased deployment 

schedule. The Commission found that 

LNP provided end users options when 

choosing among telecommunications 

service providers without having to 

change their telephone numbers, and 

established obligations for porting 

between wireline providers, porting 

between wireless providers, and 

intermodal porting (i.e., the porting of 

numbers from wireline providers to 

wireless providers, and vice versa). The 

Commission also directed the NANC, its 

advisory committee on numbering 

issues, to make recommendations 

regarding various LNP implementation 

issues. 

3. On May 13, 2009, the Commission 

adopted a Report and Order reducing 

the porting interval for simple wireline 

and simple intermodal port requests. 

Specifically, the Commission required 

all entities subject to its LNP rules to 

complete simple wireline-to-wireline 

and simple intermodal port requests 

within one business day. In adopting 

this new porting interval for simple 

wireline-to-wireline and simple 

intermodal ports, the Commission left it 

to the industry to work through the 

mechanics of the new interval, and 

directed the NANC to develop new LNP 

provisioning process flows that take into 

account this shortened porting interval. 

The Commission also directed the 

NANC, in developing these flows, to 

address how within one ‘‘business day’’ 

should be construed for purposes of the 

porting interval, and generally how the 

porting time should be measured. The 

Commission requested that the NANC 

submit its recommendations no later 

than 90 days after the effective date of 

the Porting Interval Order. Accordingly, 

the NANC submitted its 

recommendations to the Commission on 

November 2, 2009. 

4. In a Further Notice of Proposed 

Rulemaking (FNPRM), 74 FR 31667 

(July 2, 2009), accompanying the Porting 

Interval Order, the Commission sought 

comment on whether there were 

additional ways to streamline the 

number porting processes or improve 

efficiencies for simple and non-simple 

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