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, 11581-11582 [E9-5823]
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Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices
• Identify the rulemaking by docket
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Register date and page number).
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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
VerDate Nov<24>2008
14:48 Mar 17, 2009
Jkt 217001
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 https://
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).
1 EPA 452R–08–004; March 2008; Available:
https://www.epa.gov/ttn/naaqs/standards/pm/
s_pm_2007_pd.html.
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11581
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: https://
www.fcc.gov/cgb/ecfs/, or the Federal
eRulemaking Portal: https://
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 .’’ A sample form and
directions will be sent in response.
• Paper Filers: Parties who choose to
file by paper must file an original and
E:\FR\FM\18MRN1.SGM
18MRN1
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
VerDate Nov<24>2008
14:48 Mar 17, 2009
Jkt 217001
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 https://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: https://
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
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Frm 00063
Fmt 4703
Sfmt 4703
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
E:\FR\FM\18MRN1.SGM
18MRN1
Agencies
[Federal Register Volume 74, Number 51 (Wednesday, March 18, 2009)]
[Notices]
[Pages 11581-11582]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5823]
=======================================================================
-----------------------------------------------------------------------
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: https://
www.fcc.gov/cgb/ecfs/, or the Federal eRulemaking Portal: https://
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
e-mail to ecfs@fcc.gov, and include the following words in the body of
the message, ``get form .'' A sample form and
directions will be sent in response.
Paper Filers: Parties who choose to file by paper must
file an original and
[[Page 11582]]
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
messenger-delivered 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 permit-but-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-
but-disclose 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 https://
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: https://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