15348 Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Rules and Regulations 

COTP to deviate from these regulations 

must comply with any specific 

instructions provided by the COTP. 

(c) Enforcement. Violations of this 

RNA should be reported to the COTP 

Southeastern New England at 508–457– 

3211. Persons found in violation of 

these regulations may be subject to civil 

or criminal penalties as provided for in 

33 U.S.C. 1232. 

Dated: March 6, 2010. 

Joseph L. Nimmich, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2010–6859 Filed 3–26–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2007–0526; FRL–9130–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Revision To Control Volatile Organic 

Compound Emissions in the Houston/ 

Galveston/Brazoria 8-Hour Ozone 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Texas State Implementation Plan 

(SIP). The revision adds additional 

requirements to control volatile organic 

compound (VOC) emissions from 

storage tanks, transport vessels and 

marine vessels in the Houston/ 

Galveston/Brazoria (HGB) 1997 8-hour 

ozone nonattainment area, which 

consists of Brazoria, Chambers, Fort 

Bend, Galveston, Harris, Liberty, 

Montgomery and Waller counties. 

Specifically, this revision subjects 

owners or operators of VOC storage 

tanks, transport vessels, and marine 

vessels located in the HGB 1997 8-hour 

ozone nonattainment area to more 

stringent control, monitoring, and 

recordkeeping requirements. EPA is 

approving the SIP revision because it 

will help lower ozone levels in the HGB 

area by reducing VOC emissions. EPA is 

approving the revision pursuant to 

section 110 and part D of the Clean Air 

Act (CAA). 

DATES: This direct final rule will be 

effective May 28, 2010 without further 

notice unless EPA receives relevant 

adverse comments by April 28, 2010. If 

adverse comments are received, EPA 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2007–0526, by one of the 

following methods: 

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. 

• Follow the online instructions for 

submitting comments. 

• EPA Region 6 ‘‘Contact Us’’ Web 

site: http://epa.gov/region6/ 

r6coment.htm. Please click on ‘‘6PD 

(Multimedia)’’ and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by e-mail to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7242. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8 a.m. and 4 p.m. weekdays, 

and not on legal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket No. EPA–R06–OAR–2007–0526. 

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 

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, 

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 at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal is also available 

for public inspection during official 

business hours, by appointment, at the 

Texas Commission on Environmental 

Quality, Office of Air Quality, 12124 

Park 35 Circle, Austin, Texas 78753. 

FOR FURTHER INFORMATION CONTACT: Carl 

Young, Air Planning Section (6PD–L), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

214–665–6645; fax number 214–665– 

7263; e-mail address 

young.carl@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean the 

EPA. 

Outline 

I. What Action Is EPA Taking? 

II. What Is a SIP? 

III. What Is the Background for This Action? 


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Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Rules and Regulations 15349 

1EPA issued revised 8-hour ozone standards on 

March 27, 2008 (73 FR 16436) and proposed to set 

different standards on January 19, 2010 (75 FR 

2938). This process is ongoing and does not affect 

EPA’s action here. 

IV. What Is EPA’s Evaluation of the Revision? 

V. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

We are approving a revision to the 

Texas SIP that adds additional 

requirements to control VOC emissions 

from storage tanks, transport vessels and 

marine vessels in the HGB area, which 

consists of Brazoria, Chambers, Fort 

Bend, Galveston, Harris, Liberty, 

Montgomery and Waller counties. The 

revision was adopted by the State of 

Texas on May 23, 2007 and submitted 

to EPA on June 13, 2007. The revision 

amended Title 30 of the Texas 

Administrative Code, Chapter 115 (30 

TAC 115) by adding a new section 

115.110 (Definitions) and revising 

sections 115.112–115.117, 115.119, 

115.541–115.547 and 115.549. The 

revision requires that tanks and vessels 

in the HGB area store volatile organic 

liquids at petroleum refineries, chemical 

plants, gasoline storage terminals, bulk 

terminals, pipeline breakout stations, 

and oil and natural gas production sites 

under additional controls. 

Specifically, for the HGB area the 

revision requires: 

• More stringent controls for tank 

fittings on floating roof tanks and 

restrictions on floating roof tank 

landings; 

• Control of VOC flash emissions 

from crude oil and condensate storage 

tanks at oil and gas exploration and 

production sites and pipeline breakout 

stations with uncontrolled flash 

emissions greater than 25 tons per year; 

• Control of VOC emissions from the 

degassing of storage tanks with a 

nominal capacity of 250,000 gallons or 

more, or with a nominal capacity of 

75,000 gallons or more storing liquids 

with a true vapor pressure greater than 

2.6 pounds per square inch absolute 

(psia); 

• Control and monitoring of 

degassing vapors from storage vessels, 

transport vessels, and marine vessels; 

and 

• Recordkeeping to validate 

compliance. 

For more information on the 

requirements please see our Technical 

Support Document (TSD) found in the 

electronic docket or 30 TAC 115, 

Subchapter B, Division 1 (Storage of 

Volatile Organic Compounds) and 

Subchapter F, Division 3 (Degassing or 

Cleaning of Stationary, Marine and 

Transport Vessels). The electronic 

docket can be found at the Web site 

http://www.regulations.gov (Docket 

number EPA–R06–OAR–2007–0526). 

Control of VOC emissions will help 

the area reduce ambient levels of ozone. 

Our approval will make the revised 

regulations federally enforceable. We 

are approving the revision pursuant to 

section 110 and part D of the CAA and 

EPA’s regulations. 

We are publishing this rule without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no relevant adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, we are publishing a 

separate document that will serve as the 

proposal to approve the SIP revision if 

relevant adverse comments are received. 

This rule will be effective on May 28, 

2010 without further notice unless we 

receive relevant adverse comment by 

April 28, 2010. If we receive relevant 

adverse comments, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. We will address 

all public comments in a subsequent 

final rule based on the proposed rule. 

We will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so 

now. Please note that if we receive 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, we may adopt as 

final those provisions of the rule that are 

not the subject of an adverse comment. 

II. What Is a SIP? 

Section 110 of the CAA requires states 

to develop air pollution regulations and 

control strategies to ensure that air 

quality meets the national ambient air 

quality standards (NAAQS) established 

by EPA. NAAQS are established under 

section 109 of the CAA and currently 

address six criteria pollutants: Carbon 

monoxide, nitrogen dioxide, ozone, 

lead, particulate matter, and sulfur 

dioxide. 

A SIP is a set of air pollution 

regulations, control strategies, other 

means or techniques, and technical 

analyses developed by the state, to 

ensure that the state meets the NAAQS. 

It is required by section 110 and other 

provisions of the CAA. A SIP protects 

air quality primarily by addressing air 

pollution at its point of origin. A SIP 

can be extensive, containing state 

regulations or other enforceable 

documents, and supporting information 

such as emissions inventories, 

monitoring networks, and modeling 

demonstrations. Each state must submit 

regulations and control strategies to EPA 

for approval and incorporation into the 

federally-enforceable SIP. 

III. What Is the Background for This 

Action? 

Inhaling ozone, even at low levels, 

can trigger a variety of health problems 

including chest pains, coughing, nausea, 

throat irritation, and congestion. It can 

also worsen bronchitis and asthma, and 

reduce lung capacity. VOCs and oxides 

of nitrogen (NOx) are known as ‘‘ozone 

precursors’’, as they react with oxygen 

and sunlight to form ozone. Motor 

vehicle exhaust and industrial 

emissions, gasoline vapors and chemical 

solvents emit VOC and NOx. Controlling 

sources of VOC and NOx emissions can 

lower ozone levels in the ambient air. 

On July 18, 1997, we promulgated an 

8-hour ozone standard of 0.08 parts per 

million (ppm), which is more protective 

than the previous 1-hour ozone standard 

(62 FR 38855).1 On April 30, 2004, we 

published designations and 

classifications for the 1997 8-hour ozone 

standard (69 FR 23858). The HGB area, 

which consists of Brazoria, Chambers, 

Fort Bend, Galveston, Harris, Liberty, 

Montgomery and Waller counties was 

classified as a moderate ozone 

nonattainment area, with an attainment 

date no later than June 15, 2010. On 

October 1, 2008, at the request of the 

Governor of Texas, we reclassified the 

area as a severe ozone nonattainment 

area with an attainment date no later 

than June 15, 2019 (73 FR 56983). 

The State of Texas found that certain 

types of VOC storage tank emissions, 

including degassing, flash, and floating 

roof landing loss emissions, have been 

unreported or underreported in the HGB 

area. The State revised the VOC control 

regulations in the SIP to help reduce 

emissions from these sources in the 

HGB area. The revision to the SIP was 

adopted by the State on May 23, 2007 

and submitted it to EPA on June 13, 

2007. 

IV. What Is EPA’s Evaluation of the 

Revision? 

We have evaluated the Chapter 115 

revision and find they enhance the SIP 

by reducing emissions from VOC storage 

tanks, transport vessels and marine 

vessels in the HGB area. We have 

reached this conclusion because these 

revisions for the HGB area require 

additional controls on VOC emissions 

from these sources. By lowering VOC 

emissions, these rules will help lower 

ozone levels in the HGB area. In 

addition, these revisions improve rules 

that EPA previously approved (73 FR 


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15350 Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Rules and Regulations 

10383, February 27, 2008) as meeting 

the Reasonably Available Control 

Technology of the Clean Air Act. 

Therefore, we are finding that these 

rules continue to implement RACT for 

this source category. For a discussion of 

the rules and how the rules improve the 

SIP see the technical support document 

for this action. For more information on 

our evaluation, please see our TSD 

found in the electronic docket. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

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 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 Clean Air Act; 

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 the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it 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 May 28, 2010. 

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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Ozone, Volatile organic 

compounds. 

Dated: March 12, 2010. 

Al Armendariz, 

Regional Administrator, Region 6. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

■ 2. The table in § 52.2270(c) entitled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ under Chapter 115 (Reg 5) is 

amended by: 

■ a. Adding an entry for Section 115.110 

under Subchapter B, Division 1, in 

numerical order. 

■ b. Revising the entries for Sections 

115.112–115.117 and 115.119 under 

Subchapter B, Division 1. 

■ c. Revising the entries for Sections 

115.541–115.547 and 115.549 under 

Subchapter F, Division 3. 

The revisions and additions read as 

follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject 

State approval/submittal date 

EPA approval date Explanation 

* * * * * * * 

Chapter 115 (Reg 5)—Control of Air Pollution from Volatile Organic Compounds 


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Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Rules and Regulations 15351 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State approval/submittal date 

EPA approval date Explanation 

* * * * * * * 

Subchapter B—General Volatile Organic Compound Sources 

Division 1. Storage of Volatile Organic Compounds 

Section 115.110 ........ Definitions ..................................................................... 5/23/2007 3/29/2010 [Insert FR 

page number where 

document begins].

Section 115.112 ........ Control Requirements .................................................. 5/23/2007 3/29/2010 [Insert FR 

page number where 

document begins].

Section 115.113 ........ Alternate Control Requirements ................................... 5/23/2007 3/29/2010 [Insert FR 

page number where 

document begins].

Section 115.114 ........ Inspection Requirements .............................................. 5/23/2007 3/29/2010 [Insert FR 

page number where 

document begins].

Section 115.115 ........ Approved Test Methods ............................................... 5/23/2007 3/29/2010 [Insert FR 

page number where 

document begins].

Section 115.116 ........ Monitoring and Recordkeeping Requirements ............. 5/23/2007 3/29/2010 [Insert FR 

page number where 

document begins].

Section 115.117 ........ Exemptions ................................................................... 5/23/2007 3/29/2010 [Insert FR 

page number where 

document begins].

Section 115.119 ........ Counties and Compliance Schedules .......................... 5/23/2007 3/29/2010 [Insert FR 

page number where 

document begins].

* * * * * * * 

Subchapter F—Miscellaneous Industrial Sources 

* * * * * * * 

Division 3: Degassing or Cleaning of Stationary, Marine, and Transport Vessels 

Section 115.541 ........ Emission Specifications ................................................ 5/23/2007 3/29/2010 [Insert FR 

page number where 

document begins].

Section 115.542 ........ Control Requirements .................................................. 5/23/2007 3/29/2010 [Insert FR 

page number where 

document begins].

Section 115.543 ........ Alternate Control Requirements ................................... 5/23/2007 3/29/2010 [Insert FR 

page number where 

document begins].

Section 115.544 ........ Inspection Requirements .............................................. 5/23/2007 3/29/2010 [Insert FR 

page number where 

document begins].

Section 115.545 ........ Approved Test Methods ............................................... 5/23/2007 3/29/2010 [Insert FR 

page number where 

document begins].

Section 115.546 ........ Monitoring and Recordkeeping Requirements ............. 5/23/2007 3/29/2010 [Insert FR 

page number where 

document begins].

Section 115.547 ........ Exemptions ................................................................... 5/23/2007 3/29/2010 [Insert FR 

page number where 

document begins].

Section 115.549 ........ Counties and Compliance Schedules .......................... 5/23/2007 3/29/2010 [Insert FR 

page number where 

document begins].

* * * * * * * 


PWALKER on DSK8KYBLC1PROD with RULES
15352 Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Rules and Regulations 

[FR Doc. 2010–6795 Filed 3–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 05–195; WC Docket No. 

03–109; FCC 07–150] 

Universal Service Support for LowIncome Consumers; Correction 

AGENCY: Federal Communications 

Commission. 

ACTION: Correcting amendments. 

SUMMARY: The Federal Communications 

Commission published a document in 

the Federal Register on Monday, 

September 24, 2007 (72 FR 54214), 

revising Commission rules pertaining to 

the recordkeeping requirements for 

eligible telecommunications carriers 

(ETCs) receiving Universal Service lowincome support. That document 

inadvertently deleted a sentence from 

47 CFR 54.417(a). This document 

corrects the final regulation by revising 

this section. 

DATES: Effective on March 29, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Jamie Susskind, Wireline Competition 

Bureau, Telecommunications Access 

Policy Division at (202) 418–7400 

(voice), (202) 418– 0484 (TTY), or e-mail 

at Jamie.Susskind@fcc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

In a Report and Order (FCC 07–150), 

the Commission adopted measures to 

safeguard the Universal Service Fund 

(‘‘USF’’) from waste, fraud, and abuse. 

Among other actions taken in the Report 

and Order, the Commission revised the 

requirement that ETCs maintain certain 

documentation as long as the consumer 

receives Lifeline service from the ETC or 

until the ETC is audited by the 

Universal Service Administrative 

Company (‘‘USAC’’). 

Need for Correction 

As published, the final regulation 

inadvertently omitted a sentence from 

47 CFR 54.417(a). This error needs to be 

corrected. 

List of Subjects in 47 CFR Part 54 

Communications common carriers, 

Infants and children, Reporting and 

recordkeeping requirements, 

Telecommunications, Telephone. 

Federal Communications Commission. 

Gloria J. Miles, 

Federal Register Liaison. 

■ Accordingly, 47 CFR part 54 is 

corrected by making the following 

correcting amendments: 

PART 54—UNIVERSAL SERVICE 

■ 1. The authority citation for part 54 

continues to read as follows: 

Authority: 47 U.S.C. 151, 154(i), 201, 205, 

214, and 254 unless otherwise noted. 

■ 2. In § 54.417, revise paragraph (a) to 

read as follows: 

§ 54.417 Recordkeeping requirements. 

(a) Eligible telecommunications 

carriers must maintain records to 

document compliance with all 

Commission and state requirements 

governing the Lifeline/Link Up 

programs for the three full preceding 

calendar years and provide that 

documentation to the Commission or 

Administrator upon request. 

Notwithstanding the preceding 

sentence, eligible telecommunications 

carriers must maintain the 

documentation required in §§ 54.409(d) 

and 54.410(b)(3) for as long as the 

consumer receives Lifeline service from 

that eligible telecommunications carrier. 

If an eligible telecommunications carrier 

provides Lifeline discounted wholesale 

services to a reseller, it must obtain a 

certification from that reseller that it is 

complying with all Commission 

requirements governing the Lifeline/ 

Link Up programs. 

* * * * * 

[FR Doc. 2010–6968 Filed 3–26–10; 8:45 am] 

BILLING CODE P 


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