Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 11581 

1EPA 452R–08–004; March 2008; Available: 

http://www.epa.gov/ttn/naaqs/standards/pm/ 

s_pm_2007_pd.html. 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The Agency 

may ask you to respond to specific 

questions or organize comments by 

referencing a Code of Federal 

Regulations (CFR) part or section 

number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

SUPPLEMENTARY INFORMATION: Under 

section 108(a) of the Clean Air Act 

(CAA), the Administrator identifies and 

lists certain pollutants which ‘‘cause or 

contribute to air pollution which may 

reasonably be anticipated to endanger 

public health or welfare.’’ The EPA then 

issues air quality criteria for listed 

pollutants, which are commonly 

referred to as ‘‘criteria pollutants.’’ The 

air quality criteria are to ‘‘accurately 

reflect the latest scientific knowledge 

useful in indicating the kind and extent 

of all identifiable effects on public 

health or welfare which may be 

expected form the presence of [a] 

pollutant in the ambient air, in varying 

quantities.’’ Under section 109 of the 

CAA, EPA establishes NAAQS for each 

listed pollutant, with the NAAQS based 

on the air quality criteria. Section 109(d) 

of the CAA requires periodic review 

and, if appropriate, revision of existing 

air quality criteria. The revised air 

quality criteria reflect advances in 

scientific knowledge on the effects of 

the pollutant on public health or 

welfare. The EPA is also required to 

periodically review and revise the 

NAAQS, if appropriate, based on the 

revised criteria. 

Air quality criteria have been 

established for particulate matter (PM) 

and NAAQS have been established for 

PM2.5 and PM10, to provide protection 

for fine and coarse particles, 

respectively. Presently, EPA is 

reviewing the air quality criteria and 

NAAQS for PM. The EPA’s overall plan 

and schedule for this review is 

presented in the Integrated Review Plan 

for the National Ambient Air Quality 

Standards for Particulate Matter.1 A 

draft of the integrated review plan was 

released for public review and comment 

in October 2007 and was the subject of 

a consultation with the Clean Air 

Scientific Advisory Committee (CASAC) 

on November 30, 2007 (72 FR 63177; 

November 8, 2007). Comments received 

from that consultation and from the 

public were considered in finalizing the 

plan and in beginning the review of the 

air quality criteria. 

As part of the review of the air quality 

criteria for PM, EPA’s Office of Research 

and Development (ORD) has completed 

a draft document, Integrated Science 

Assessment (ISA) for Particulate Matter 

(First External Review Draft, December 

2008) and requested review by the 

CASAC and the public (73 FR 77686; 

December 19, 2008). In the future, EPA’s 

OAQPS will prepare a Risk and 

Exposure Assessment (REA) focusing 

on: (1) Human health risk and exposure 

assessment, and (2) assessment of urban 

visibility impairment. The two planning 

documents announced today describe 

the planned approaches for conducting 

the quantitative assessments that will be 

presented in the REA as part of the 

review of the primary (health-based) 

and secondary (welfare-based) PM 

NAAQS. These documents are available 

on the Agency’s Technology Transfer 

Network (TTN) Web site at http:// 

www.epa.gov/ttn/naaqs/standards/pm/ 

s_pm_index.html. These documents 

may be accessed in the ‘‘Documents 

from Current Review’’ section under 

‘‘Planning Documents.’’ These planning 

documents are intended to provide 

enough specificity to facilitate 

consultation with CASAC, as well as for 

public review, in order to obtain advice 

on the overall scope, approaches and 

key issues in advance of the conduct of 

the quantitative analyses and 

presentation of results in the first draft 

REA. The CASAC consultation on these 

two planning documents coincides with 

its review of the first draft ISA. This 

CASAC meeting is scheduled for April 

1 and 2, 2009. A separate Federal 

Register notice provides additional 

details about this meeting and the 

process for participation (74 FR 7688; 

February 19, 2009). 

Dated: February 27, 2009. 

Jeffrey S. Clark, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. E9–5843 Filed 3–17–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[CG Docket No. 02–278; DA 09–542] 

Consumer and Governmental Affairs 

Bureau Seeks Comment on Paul D.S. 

Edwards Petition for Expedited 

Clarification and Declaratory Ruling 

Concerning the Telephone Consumer 

Protection Act (TCPA) Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: In this document, the 

Commission seeks comment on a 

petition for an expedited clarification 

and declaratory ruling, filed by Paul 

D.S. Edwards (Edwards), asking whether 

a creditor may place autodialed or 

prerecorded message calls to a 

telephone number associated with 

wireless service that was provided to 

the creditor initially as a telephone 

number associated with landline 

service. 

DATES: Comments are due on or before 

April 2, 2009. Reply comments are due 

on or before April 13, 2009. 

ADDRESSES: Interested parties may 

submit comments and reply comments 

identified by [CG Docket No. 02–278], 

by any of the following methods: 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the Commission’s Electronic 

comment Filing System (ECFS), through 

the Commission’s Web site: http:// 

www.fcc.gov/cgb/ecfs/, or the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Filers should 

follow the instructions provided on the 

Web site for submitting comments. 

• For ECFS filers, in completing the 

transmittal screen, filers should include 

their full name, U.S. Postal Service 

mailing address, and the applicable 

docket number, which in this instance 

is [CG Docket No. 02–278]. Parties may 

also submit an electronic comment by 

Internet e-mail. To get filing 

instructions, filers should send an email to ecfs@fcc.gov, and include the 

following words in the body of the 

message, ‘‘get form <your e-mail 

address>.’’ A sample form and 

directions will be sent in response. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 


tjames on PRODPC61 with NOTICES
11582 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 

four copies of each filing. Filings can be 

sent by hand or messenger delivery, by 

commercial overnight courier, or by 

first-class or overnight U.S. Postal 

Service mail (although the Commission 

continues to experience delays in 

receiving U.S. Postal Service mail). All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• The Commission’s contractor will 

receive hand-delivered or messengerdelivered filings for the Commission’s 

Secretary at 236 Massachusetts Avenue, 

NE., Suite 110, Washington, DC 20002. 

The filing hours at this location are 8 

a.m. to 7 p.m. All hand deliveries must 

be held together with rubber bands or 

fasteners. Any envelopes must be 

disposed of before entering the building. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9300 

East Hampton Drive, Capitol Heights, 

MD 20743. 

• U.S. Postal Service first-class, 

Express, and Priority mail should be 

addressed to 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Karen Johnson, Consumer and 

Governmental Affairs Bureau, Policy 

Division, at (202) 418–7706 (voice), or 

e-mail Karen.Johnson@fcc.gov. 

SUPPLEMENTARY INFORMATION: On 

January 12, 2009, Edwards filed a 

petition for expedited clarification and 

declaratory ruling concerning the 

Telephone Consumer Protection Act. 

See Petition for Expedited Clarification, 

filed by Paul D. S. Edwards, January 12, 

2009 (Petition). This is a summary of the 

Commission’s Public Notice DA 09–542. 

Pursuant to 47 CFR 1.415 and 1.419 of 

the Commission’s rules, interested 

parties may file comments and reply 

comments on Edwards’s Petition on or 

before the dates indicated above. This 

proceeding shall be treated as a permitbut-disclose proceeding under the ex 

parte rules, which are codified at 47 

CFR 1.1200(a) and 1.1206. Therefore, ex 

parte presentations will be allowed but 

must be disclosed in accordance with 

the requirements of 1.1206(b) of the 

Commission’s Rules, 47 CFR 1.1206(b). 

Persons making oral ex parte 

presentations are reminded that 

memoranda summarizing the 

presentations must contain summaries 

of the substance of the presentations 

and not merely a listing of the subjects 

discussed. More than a one or two 

sentence description of the views and 

arguments presented is generally 

required. See 47 CFR 1.1206(b). Other 

rules pertaining to oral and written ex 

parte presentations in permit-butdisclose proceedings are set forth in 

1.1206(b) of the Commission’s rules, 47 

CFR 1.1206(b). 

The full text of document DA 09–542 

and any subsequently filed documents 

in this matter will be available for 

public inspection and copying during 

regular business hours at the FCC 

Reference Information Center, Portals II, 

445 12th Street, SW., Room CY–A257, 

Washington, DC 20554, (202) 418–0270. 

Document DA 09–542 and any 

subsequently filed documents in this 

matter may also be purchased from the 

Commission’s duplicating contractor at 

the contractor’s Web site, 

www.bcpiweb.com, or by calling (800) 

378–3160. Furthermore, document DA 

09–542 and any subsequently filed 

documents in this matter, and a copy of 

the underlying Petition may be found by 

searching ECFS at http://www.fcc.gov/ 

cgb/ecfs (insert [CG Docket No. 02–278] 

into the Proceeding block). 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an e-mail to 

fcc504@fcc.gov or call the Consumer 

and Governmental Affairs Bureau at 

(202) 418–0530 (voice), (202) 418–0432 

(TTY). Document DA 09–542 can also 

be downloaded in Word or Portable 

Document Format (PDF) at: http:// 

www.fcc.gov/cgb/policy/headlines.html. 

Synopsis 

On January 12, 2009, Edwards filed a 

petition for an expedited clarification 

and declaratory ruling regarding the 

Commission’s rules under the TCPA. 

Specifically, Edwards asks the 

Commission to clarify whether a 

creditor may place autodialed or 

prerecorded message calls to a 

telephone number associated with 

wireless service that was provided to 

the creditor initially as a telephone 

number associated with landline 

service. Section 64.1200(a)(1)(iii) of the 

Commission’s rules prohibits the 

initiation of ‘‘any telephone call (other 

than a call made for emergency 

purposes or made with the prior express 

consent of the called party) using an 

automatic telephone dialing system or 

an artificial or prerecorded voice, to any 

telephone number assigned to * * * 

cellular telephone service. * * *’’ The 

Commission concluded that such calls 

to wireless numbers that are provided 

by the called party to a creditor in 

connection with an existing debt are 

permissible as calls made with the 

‘‘prior express consent’’ of the called 

party. 

Edwards asserts that the 

Commission’s ruling permits debt 

collection calls to a wireless telephone 

number only when the consumer, in 

that instance, provides the wireless 

telephone number to the creditor. 

Edwards contends that when the 

creditor is initially provided a 

‘‘landline’’ telephone number, and 

subsequently that ‘‘landline’’ number is 

ported to a cellular telephone, an 

established business relationship, ‘‘prior 

express consent,’’ or other exemption 

from section 227(b)(1)(A)(iii) of the 

TCPA is not created. Edwards concludes 

that compliance with the TCPA requires 

that the consumer must have provided 

the creditor a telephone number 

assigned to a wireless service in order 

for calls to the wireless telephone 

number to be permissible. Accordingly, 

the Commission seeks comment on 

Edwards’s petition. 

Federal Communications Commission. 

Erica McMahon, 

Division Chief, Consumer and Governmental 

Affairs Bureau. 

[FR Doc. E9–5823 Filed 3–17–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Agency Information Collection 

Activities: Proposed Collection 

Renewals (0028; 0121); Comment 

Request 

AGENCY: Federal Deposit Insurance 

Corporation (FDIC). 

ACTION: Notice and request for comment. 

SUMMARY: The FDIC, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on proposed and/or 

continuing information collections, as 

required by the Paperwork Reduction 

Act of 1995 (44 U.S.C. chapter 35). 

Currently, the FDIC is soliciting 

comments concerning the following 

continuing collections of information 

titled: (1) Recordkeeping and 

Confirmation Requirements for 

Securities Transactions (3064–0028); 

and (2) Certification of Compliance with 

Mandatory Bars to Employment (3064– 

0121). 

DATES: Comments must be submitted on 

or before May 18, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments on 

the collections of information entitled: 

(1) Recordkeeping and Confirmation 

Requirements for Securities 

Transactions (3064–0028); and (2) 

Certification of Compliance with 


tjames on PRODPC61 with NOTICES