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45560 Federal Register / Vol. 71, No.

153 / Wednesday, August 9, 2006 / Notices

iii. Explain why you agree or disagree; List of Subjects 1200 Pennsylvania Ave., NW,
suggest alternatives and substitute Environmental protection, Washington, DC 20460. Please include a
language for your requested changes. Agricultural commodities, Feed total of four copies.
iv. Describe any assumptions and additives, Food additives, Pesticides • Hand Delivery: EPA Docket Center
provide any technical information and/ and pests, Reporting and recordkeeping (EPA/DC), EPA West, Room B102, 1301
or data that you used. requirements. Constitution Ave., NW., Washington,
v. If you estimate potential costs or DC 20460. Please include a total of four
Dated: July 26, 2006. copies. Such deliveries are only
burdens, explain how you arrived at
your estimate in sufficient detail to Lois Rossi, accepted during the Docket’s normal
allow for it to be reproduced. Director, Registration Division, Office hours of operation, and special
Pesticide Programs. arrangements should be made for
vi. Provide specific examples to
illustrate your concerns, and suggest [FR Doc. 06–6686 Filed 8–8–06; 8:45 am] deliveries of boxed information.
alternatives. BILLING CODE 6560–50–S Instructions: Direct your comments to
vii. Explain your views as clearly as Docket ID No. EPA-HQ-OW–2006–0656.
possible, avoiding the use of profanity EPA’s policy is that all comments
ENVIRONMENTAL PROTECTION received will be included in the public
or personal threats.
AGENCY docket without change and may be
viii. Make sure to submit your
made available online at http://
comments by the comment period [EPA–HQ–OW–2006–0656, FRL–8207–3]
www.regulations.gov, including any
deadline identified.
Notice of Draft Guidance for personal information provided, unless
II. What Action is the Agency Taking? Implementing the January 2001 the comment includes information
Methylmercury Water Quality Criterion claimed to be Confidential Business
EPA is printing a summary of each
Information (CBI) or other information
pesticide petition received under AGENCY: Environmental Protection whose disclosure is restricted by statute.
section 408 of the Federal Food, Drug, Agency (EPA). Do not submit information that you
and Cosmetic Act (FFDCA), 21 U.S.C. ACTION: Notice of availability and consider to be CBI or otherwise
346a, proposing the establishment or request for comments. protected through http://
amendment of regulations in 40 CFR
www.regulations.gov or ow-
part 180 for residues of pesticide SUMMARY: EPA announces the
docket@epa.gov. The http://
chemicals in or on various food availability of draft guidance for www.regulations.gov website is an
commodities. EPA has determined that implementing the water quality ‘‘anonymous access’’ system, which
this pesticide petition contains data or criterion for methylmercury and means EPA will not know your identity
information regarding the elements set requests comments on the draft or contact information unless you
forth in FFDCA section 408(d)(2); guidance. The draft document provides provide it in the body of your comment.
however, EPA has not fully evaluated technical guidance to states, territories, If you send an e-mail comment directly
the sufficiency of the submitted data at and authorized tribes exercising to EPA without going through http://
this time or whether the data support responsibility under Clean Water Act www.regulations.gov your e-mail
granting of the pesticide petition. (CWA) section 303(c) on how to use address will be automatically captured
Additional data may be needed before EPA’s fish tissue-based methylmercury and included as part of the comment
EPA rules on this pesticide petition. criterion recommendation in developing that is placed in the public docket and
Pursuant to 40 CFR 180.7(f), a their own water quality standards for made available on the Internet. If you
summary of the petition included in this methylmercury and in implementing submit an electronic comment, EPA
notice, prepared by the petitioner along these standards in Total Maximum recommends that you include your
with a description of the analytical Daily Loads (TMDLs) and National name and other contact information in
method available for the detection and Pollutant Discharge Elimination System the body of your comment and with any
measurement of the pesticide chemical (NPDES) permits. The guidance disk or CD-ROM you submit. If EPA
residues is available on EPA’s Electronic document does not impose any legally cannot read your comment due to
Docket at http://www.regulations.gov/. binding requirements on any entity. It technical difficulties and cannot contact
To locate this information on the home provides various technical and policy you for clarification, EPA may not be
page of EPA’s Electronic Docket, select approaches to implementing the able to consider your comment.
‘‘Quick Search’’ and type the OPP criterion. These approaches are Electronic files should avoid the use of
docket ID number. Once the search has recommendations only. States, special characters, any form of
located the docket, clicking on the territories and authorized tribes may encryption, and be free of any defects or
‘‘Docket ID’’ will bring up a list of all choose to implement other technically- viruses. For additional information
documents in the docket for the sound approaches that are consistent about EPA’s public docket visit the EPA
pesticide including the petition with the CWA and EPA’s implementing Docket Center homepage at http://
summary. regulations. www.epa.gov/epahome/dockets.htm.
1. PP 6E7078. Syngenta Crop DATES: Comments must be received on Docket: All documents in the docket
Protection, Inc., P.O. Box 18300, or before October 10, 2006. are listed in the http://
Greensboro, NC 27410, proposes to ADDRESSES: Submit your comments, www.regulations.gov index. Although
establish an exemption from the identified by Docket ID No. EPA–HQ– listed in the index, some information is
requirement of a tolerance for residues OW–2006–0656, by one of the following not publicly available, e.g., CBI or other
of the phosphoric acid tris(2-ethyl methods: information whose disclosure is
hexyl) ester, CAS Reg. No. 78–42–2, in • http://www.regulations.gov: Follow restricted by statute. Certain other
jlentini on PROD1PC65 with NOTICES

or on food commodities. Because this the on-line instructions for submitting material, such as copyrighted material,
petition is a request for an exemption comments. will be publicly available only in hard
from the requirement of a tolerance • E-mail: ow-docket@epa.gov. copy. Publicly available docket
without numerical limitations, no • Mail: Water Docket, Environmental materials are available either
analytical method is required. Protection Agency, Mailcode: 4101T, electronically in http://

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Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Notices 45561

www.regulations.gov or in hard copy at B. What Should I Consider as I Prepare dispersed and transported thousands of
the Water Docket, EPA/DC, EPA West, My Comments for EPA? miles from sources of emission. Most of
Room B102, 1301 Constitution Ave., 1. Submitting CBI. Do not submit this the mercury in water, soil, sediments,
NW, Washington, DC. The Public information to EPA through plants, and animals is in the form of
Reading Room is open from 8:30 a.m. to www.regulations.gov or e-mail. Clearly inorganic mercury salts and organic
4:30 p.m., Monday through Friday, mark the part or all of the information forms of mercury (e.g., methylmercury).
excluding legal holidays. The telephone that you claim to be CBI. For CBI Methylmercury most often results from
number for the Public Reading Room is information in a disk or CD ROM that microbial activity in wetlands, the water
(202) 566–1744, and the telephone you mail to EPA, mark the outside of the column, and sediments and is the form
number for the Water Docket is (202) disk or CD ROM as CBI and then of mercury that presents the greatest risk
566–2426). identify electronically within the disk or to human health. Divalent mercury,
when bound to airborne particles, is
Note: The EPA Docket Center suffered CD ROM the specific information that is
readily removed from the atmosphere by
damage due to flooding during the last week claimed as CBI). In addition to one
of June 2006. The Docket Center is precipitation and is also dry deposited.
complete version of the comment that
continuing to operate. However, during the Even after it deposits, mercury
includes information claimed as CBI, a
cleanup, there will be temporary changes to commonly returns to the atmosphere
copy of the comment that does not
Docket Center telephone numbers, addresses, either as a gas or associated with
contain the information claimed as CBI
and hours of operation for people who wish particles, and redeposits elsewhere. As
must be submitted for inclusion in the
to make hand deliveries or visit the Public mercury cycles between the atmosphere,
public docket. Information so marked
Reading Room to view documents. Consult land, and water, mercury undergoes a
will not be disclosed except in
EPA’s Federal Register notice at 71 FR 38147 series of complex chemical and physical
accordance with procedures set forth in transformations, many of which are not
(July 5, 2006) or the EPA Web site at
40 CFR part 2. completely understood.
http://www.epa.gov/epahome/dockets.htm
2. Tips for Preparing Your Comments. Exposure to methylmercury can result
for current information on docket operations,
locations and telephone numbers. The
When submitting comments, remember in a variety of health effects in humans.
Docket Center’s mailing address for U.S. mail to: Children who are exposed to low
and the procedure for submitting comments • Identify the docket number and concentrations of methylmercury
to www.regulations.gov are not affected by other identifying information (subject prenatally might be at risk of poor
the flooding and will remain the same. heading, Federal Register date and page performance on neurobehavioral tests,
number). such as those measuring attention, fine
FOR FURTHER INFORMATION CONTACT: Jim • Follow directions—The agency may
motor function, language skills, visual-
Pendergast, Standards and Health ask you to respond to specific questions
spatial abilities, and verbal memory.
Protection Division, Office of Water, or organize comments by referencing a (NRC 2000, USEPA 2002, USEPA 2005).
(4305T), Environmental Protection Code of Federal Regulations (CFR) part The primary route by which the U.S.
Agency, 1200 Pennsylvania Ave., NW, or section number. population is exposed to methylmercury
Washington, DC, 20460; telephone • Explain why you agree or disagree;
is through the consumption of fish
number: 202–566–0398; fax number: suggest alternatives and substitute
containing methylmercury. For most
202–566–0409; e-mail address: language for your requested changes.
people, methylmercury exposure from
Pendergast.jim@epa.gov. • Describe any assumptions and
consumption of fish and shellfish is not
provide any technical information and/
a health concern. Yet, the exposure
SUPPLEMENTARY INFORMATION: or data that you used.
levels at which neurological effects have
• If you estimate potential costs or
I. General Information been observed in children can occur via
burdens, explain how you arrived at
maternal consumption of fish (rather
A. Does this Action Apply to Me? your estimate in sufficient detail to
than high-dose poisoning episodes)
allow for it to be reproduced.
(USEPA 2005). The risks from
Entities potentially interested in • Provide specific examples to
methylmercury in fish and shellfish
today’s notice are those that discharge illustrate your concerns, and suggest
depend on the amount of fish and
or release mercury and methylmercury alternatives.
• Explain your views as clearly as shellfish eaten and the levels of
to surface waters, and federal, state,
possible, avoiding the use of profanity methylmercury in the fish and shellfish.
tribal, and local authorities that regulate
Therefore, the Food and Drug
methylmercury levels in surface water. or personal threats.
• Make sure to submit your Administration (FDA) and the
Categories and entities interested in
comments by the comment period Environmental Protection Agency (EPA)
today’s notice include but are not
deadline identified. are advising women who may become
limited to:
pregnant, pregnant women, nursing
II. Background and Today’s Action mothers, and young children to avoid
Examples of poten-
Category some types of fish and eat fish and
tially affected entities A. What Is Methylmercury and Why Are
shellfish that are lower in
We Concerned About It?
State/Local/Tribal States, municipalities, methylmercury. You can find more
Government. tribes. Mercury occurs naturally in the information about this joint Federal
Industry ..................... Mining, coal-fired earth’s crust and cycles in the advisory on EPA’s Web site at http://
power generation, environment as part of both natural and www.epa.gov/waterscience/fish.
other industries human-induced activities. The amount In 2000, the National Academy of
using mercury in of mercury mobilized and released into Sciences (NAS)/National Research
their processing the biosphere has increased since the Council (NRC) reviewed the health
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beginning of the industrial age. Most of studies on methylmercury (NRC 2000).


This table is not intended to be the mercury in the atmosphere is In its review of the literature, NRC
exhaustive. Other types of entities not elemental mercury vapor, which found neurodevelopmental effects to be
listed in the table may also be circulates in the atmosphere for up to a the most sensitive endpoints and
interested. year, and, hence, can be widely appropriate for establishing a

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45562 Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Notices

methylmercury Reference Dose (RfD) quality criterion for the protection of criterion or another criterion that is
(NRC 2000). EPA defines an RfD as ‘‘an human health is: scientifically defensible and consistent
estimate (with uncertainty spanning with the Act and its implementing
perhaps an order of magnitude) of a BW × ( RfD − RSC ) regulations. 40 CFR 131.11(a)(2).
daily oral exposure to the human TRC = 4 This guidance document presents
population (including sensitive
subgroups) that is likely to be without
∑ FI
i=2
i
suggested approaches to criteria
adoption and implementation. These
an appreciable risk of deleterious effects Where:
approaches are recommendations and
during a lifetime. On the basis of the do not represent the only technically
TRC = Fish tissue residue criterion (mg
NRC report, EPA established an RfD of methylmercury/kg fish tissue) for
defensible approaches. The discussion
0.0001 mg/kg per day (0.0001 milligram freshwater and estuarine fish and in the guidance document is intended
of methylmercury per day for each shellfish solely as guidance. This guidance does
kilogram of a person’s body mass) in RfD = Reference Dose (based on non-cancer not change or, substitute for, applicable
2001 (USEPA 2002). EPA believes that human health effects). For sections of the CWA or EPA’s
exposures at or below the RfD are methylmercury the RfD is 0.0001 mg/kg regulations; nor is it a regulation itself.
unlikely to be associated with BW-day (0.1 ug/kg BW-day) Thus, it does not impose legally binding
appreciable risk of deleterious effects. It RSC = Relative source contribution requirements on EPA, states, authorized
(subtracted from the RfD to account for tribes, or the regulated community and
is important to note, however, that the marine fish consumption) estimated to
RfD does not define an exposure level be 2.7 x 10–5 mg/kg BW-day
may not apply to a particular situation.
corresponding to zero risk; BW = Human body weight default value of EPA, state, territorial, and tribal
methylmercury exposure near or below 70kg (for adults) decision makers retain the discretion to
the RfD could pose a very low level of FI = Fish intake at trophic level (TL) i (i = adopt approaches on a case-by-case
risk that EPA deems to be non- 2, 3, 4); total default intake is 0.0175 kg basis that differ from this guidance
appreciable. It is also important to note fish/day for general adult population. where appropriate.
that the RfD does not define a bright Trophic level breakouts for the general
population are: TL2 = 0.0038 kg fish/day; D. Why Did EPA Draft This Guidance?
line, above which individuals are at risk
of adverse effects (USEPA 2005). NAS TL3 = 0.0080 kg fish/day; and TL4 = The methylmercury criterion is
0.0057 kg fish/day. expressed as a fish and shellfish tissue
determined that EPA’s RfD ‘‘is a
scientifically justified level for the This equation and all values used in value, and this raises both technical and
protection of public health.’’ the equation are described in Water programmatic implementation
With regard to other health effects of Quality Criterion for the Protection of questions. EPA expects that, as a result
methylmercury, some recent Human Health, Methylmercury (USEPA of the revised methylmercury water
epidemiological studies in men suggest 2001b). This equation is essentially the quality criterion, together with a more
that methylmercury is associated with a same equation used in the 2000 Human sensitive method for detecting mercury
higher risk of acute myocardial Health Methodology to calculate a water in effluent and the water column, and
infarction, coronary heart disease, and quality criterion for a pollutant that may increased monitoring of previously
cardiovascular disease in some cause non-cancer health effects, but is unmonitored waterbodies, the number
populations. Other recent studies have rearranged to solve for a protective of waterbodies that states report on
not observed this association. The concentration in fish tissue rather than CWA section 303(d) lists as impaired
studies that have observed an in water. Thus, the equation does not due to methylmercury contamination
association suggest that the exposure to include a bioaccumulation factor (BAF) might continue to increase.
methylmercury might attenuate the or drinking water intake value Development of water quality standards,
beneficial effects of fish consumption (methylmercury exposure from drinking NPDES permits, and TMDLs present
(USEPA 2005). There also is some water is negligible (USEPA 2001a)). challenges because these activities
recent evidence that exposures of Incorporating the relevant values into typically have been based on a water
methylmercury might result in the above equation, EPA obtained a fish concentration (e.g., as a measure of
genotoxic or immunotoxic effects. Other tissue concentration (TRC) of 0.3 mg mercury levels in effluent). This
research with less corroboration methylmercury/kg fish as the guidance addresses issues associated
suggests that reproductive, renal, and concentration in fish tissue that should with states and authorized tribes
hematological impacts could be of not be exceeded. EPA’s preference is for adopting the new water quality criterion
concern. There are insufficient human states and authorized tribes to use local into their water quality standards
data to evaluate whether these effects or regional consumption rates, if these programs and implementation of the
are consistent with methylmercury would better reflect the target revised water quality criterion in
exposure levels in the U.S. population populations. TMDLs and NPDES permits. Further,
(USEPA 2005). because atmospheric deposition serves
C. What Is The Draft Implementation
as a large source of mercury for many
B. What Is the Current Methylmercury Guidance?
waterbodies, implementation of the
Criterion? In the 2001 Federal Register notice of criterion involves coordination across
In a January 8, 2001, Federal Register the availability of EPA’s recommended various media and program areas.
notice (66 FR 1344), EPA announced the water quality criterion for
availability of its recommended water methylmercury, EPA stated that it E. What Does the Draft Guidance
quality criterion for methylmercury. The would develop associated procedures Recommend?
methylmercury water quality criterion is and guidance for implementing the For states and authorized tribes
derived from the methylmercury RfD criterion. We are issuing that draft exercising responsibility under CWA
jlentini on PROD1PC65 with NOTICES

(described above) and data about the guidance today. The guidance will assist section 303(c), this document provides
target population to be protected (i.e., states in developing a water quality technical guidance on how they might
exposure parameters and assumptions). criterion for methylmercury in their want to use the recommended 2001 fish
The equation for calculating the water quality standards. States can tissue-based criterion to develop their
EN09AU06.006</MATH>

methylmercury fish tissue residue water either adopt EPA’s recommended own water quality standards for

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methylmercury. States and authorized how to implement criteria expressed in authority could reasonably conclude
tribes may decide to adopt the EPA terms of pollutant concentrations in that reasonable potential exists if two
recommended methylmercury fish water in NPDES permits. States that conditions are present (1) The NPDES
tissue-based criterion based on the decide to implement the methylmercury permitted discharger has mercury in its
national default fish consumption rate tissue criterion as a water concentration effluent at a quantifiable level and (2)
or translate the tissue value to a water for NPDES permits should continue to fish tissue from the waterbody into
column value through use of use the TSD guidance. However, for which the discharger discharges exceeds
methylmercury BAFs. If a state or states that decide to implement the the fish tissue water quality criterion.
authorized tribe decides to translate the methylmercury tissue criterion directly, EPA specifically solicits comment on
fish tissue criterion to a water column that is, without translating it into a alternate methods, based on using other
criterion, EPA recommends three water column value, the TSD doesn’t information, for determining that there
approaches for relating a concentration provide relevant guidance. Today’s draft is reasonable potential to exceed the
of methylmercury in fish tissue to a guidance also includes a recommended water quality standard where fish tissue
concentration of methylmercury in approach for directly incorporating the data show that the methylmercury
ambient water: (1) Deriving site-specific methylmercury tissue criterion in tissue criterion in a water quality
methylmercury BAFs; (2) using NPDES permits. standard is achieved.
bioaccumulation models; and (3) using
F. Are There Particular Issues on Which 2. Applying Water Quality Variances on
EPA’s draft default methylmercury
EPA is Requesting Comment? a Watershed or State-Wide Basis
BAFs. All three approaches have
limitations, such as the amount of data EPA requests comments only on the Traditionally, states establish water
necessary to develop a BAF. This draft methylmercury criterion quality variances that are specific to a
guidance discusses the advantages and implementation guidance. EPA is not pollutant and a facility. EPA recognizes
limitations of each approach. requesting comments on the 2001 that, for mercury, there are situations
States and authorized tribes may also methylmercury criterion itself. where a number of NPDES dischargers
consider calculating their own fish Although EPA solicits comment on the are located in the same area or
tissue criteria or adopting site-specific entire draft guidance, it is particularly watershed and the justification
criteria for methylmercury to reflect interested in the following topics: supporting granting a variance applies
local or regional fish consumption rates 1. Implementation Approach for NPDES to all of the dischargers. Two states,
or relative source contributions. This Permits Where the Criterion Is Ohio and Michigan, have already
guidance also discusses variances and Implemented as a Fish Tissue Value developed variances that apply to
use attainability analyses relating to multiple discharges for mercury.
methylmercury. Today’s guidance presents a Today’s guidance encourages states and
This document describes analytical recommended approach for directly
authorized tribes to consider
methods for determining the incorporating the methylmercury tissue
establishing a multiple-discharger
concentrations of mercury and criterion in NPDES permits. This
variance for a group of dischargers
methylmercury in both tissue and water. approach does not rely upon a state
collectively.
These methods can detect mercury and developing a bioaccumulation factor to EPA solicits comment on whether it
methylmercury in tissue and water at convert the methylmercury tissue should discuss multi-discharge,
very low levels—well below the levels criterion into a water concentration watershed, or state-wide variances in
of the previous criterion for mercury in equivalent. The approach recommends the final guidance.
the water column and the current that facilities that use, accept or receive
criterion of methylmercury in fish mercury into their wastewaters develop G. References Cited
tissue. This document also provides mercury minimization plans. For NRC (National Research Council). 2000.
guidance for field sampling plans, discharges that are small contributors of Toxicological effects of methylmercury.
laboratory analysis protocols, and data mercury to a watershed or do not use Committee on the Toxicological Effects of
interpretation that is based on mercury in their processes, the Methylmercury. National Academy Press.
previously published EPA guidance on approach recommends that current Washington, DC.
permit effluent levels remain constant. USEPA (U.S. Environmental Protection
sampling strategies for contaminant
Agency). 1991. Technical Support
monitoring. This guidance also EPA expects that most facilities will fall
Document for Water Quality-based Toxics
describes how states can assess the into this category due to significant Control. EPA 505/2–90–001. U.S.
attainment of water quality criteria and loadings from other sources (e.g., air Environmental Protection Agency, Office
protection of designated uses by deposition, abandoned mines). For of Water Enforcement and Permits and
comparing sampling data to water discharges that are significant Office of Water Regulations and Standards.
quality criteria. contributors of mercury to a watershed USEPA (U.S. Environmental Protection
This guidance also discusses and use mercury in their processes, the Agency). 2001a. Water quality criteria:
approaches for the development of approach recommends that permit Notice of Availability of water quality
criterion for the protection of human
TMDLs for waterbodies impaired by effluent limits ensure the attainment of health: Methylmercury. U.S.
mercury. This includes approaches for water quality standards. EPA expects Environmental Protection Agency, Office
TMDLs for waterbodies where much of that few dischargers should fall into this of Water, Washington, DC. Fed. Regist.,
the mercury is from atmospheric category. For new or increased 66:1344.
sources and suggestions regarding how discharges, the approach recommends USEPA (U.S. Environmental Protection
such TMDLs can take into account that permit effluent limits hold Agency). 2001b. Water quality criterion for
ongoing efforts to address sources of watershed loadings constant using the protection of human health:
Methylmercury. EPA–823–R–01–001. U.S.
mercury, such as programs under the antidegradation principles.
jlentini on PROD1PC65 with NOTICES

Environmental Protection Agency, Office


Clean Air Act (CAA) and pollution EPA solicits comment on the of Water, Washington, DC.
prevention activities. recommendations for directly USEPA (U.S. Environmental Protection
EPA’s Technical Support Document incorporating the methylmercury tissue Agency). 2002. Integrated Risk Information
for Water Quality-based Toxics Control criterion in NPDES permits. The draft System (IRIS). Methylmercury. U.S.
(TSD), EPA 505/2–90–001, explains guidance recommends that a permitting Environmental Protection Agency, Office

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45564 Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Notices

of Research and Development, National the description of the service area; and providers are providers of interstate
Center for Environmental Assessment. the date and time of the telecommunications. As such, the
USEPA (U.S. Environmental Protection recommendation. If a conflict in Commission has determined that
Agency). 2005. Regulatory Impact Analysis recommendations arises, the affected interconnected VoIP providers must
of the Clean Air Mercury Rule. Final
Report. EPA–452/R–05–003. U.S.
coordinators are jointly responsible for contribute to the universal service fund.
Environmental Protection Agency, Office taking action to resolve the conflict, up By including interconnected VoIP
of Air Quality Planning and Standards, Air to and including notifying the providers in the contribution base, the
Quality Strategies and Standards Division, Commission that an application may Commission ensures that its
Research Triangle Park, NC. have to be returned. contribution mechanism remains
Dated: August 3, 2006. Federal Communications Commission. equitable, nondiscriminatory, and
Benjamin H. Grumbles, Jacqueline R. Coles,
competitively neutral. The Commission
determined that interconnected VoIP
Assistant Administrator for Water. Associate Secretary.
providers may contribute based on an
[FR Doc. 06–6803 Filed 8–8–06; 8:45 am] [FR Doc. E6–12993 Filed 8–8–06; 8:45 am] interim safe harbor amount, under
BILLING CODE 6560–50–P BILLING CODE 6712–01–P which interconnected VoIP providers
treat 64.9 percent of their
telecommunications revenues as
FEDERAL COMMUNICATIONS FEDERAL COMMUNICATIONS
interstate; their actual interstate end-
COMMISSION COMMISSION
user telecommunications revenues; or
Public Information Collections an estimate of their interstate end-user
Public Information Collections telecommunications revenues as
Approved by Office of Management Approved by Office of Management
and Budget determined by a traffic study, which
and Budget must first be submitted to, then
August 1, 2006. August 3, 2006. affirmatively approved by, the
SUMMARY: The Federal Communications SUMMARY: The Federal Communications Commission. In addition, the
Commission (FCC) has received Office Commission (Commission) has received Commission revised the interim
of Management and Budget (OMB) Office of Management and Budget wireless safe harbor that wireless
approval for the following public (OMB) approval for the following public providers may use to report their
information collections pursuant to the information collections pursuant to the interstate revenues to 37.1 percent. The
Paperwork Reduction Act of 1995, Paperwork Reduction Act of 1995, Commission also determined that, to the
Public Law 104–13. An agency may not Public Law 104–13. An agency may not extent wireless providers report
conduct or sponsor and a person is not conduct or sponsor and a person is not interstate telecommunications revenue
required to respond to a collection of required to respond to a collection of based on traffic studies, in lieu of
information unless it displays a information unless it displays a reporting revenues based on actual
currently valid control number. currently valid control number. interstate end-user telecommunications
FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Paul revenues or based on the interim
Zenji Nakazawa, Federal J. Laurenzano, Federal Communications wireless safe harbor of 37.1 percent,
Communications Commission, 445 12th Commission, 445 12th Street, SW., such traffic studies must be filed with
Street, SW., Washington, DC 20554, Washington, DC 20554, (202) 418–1359 the Commission and the Universal
(202) 418–0600 or via the Internet at or via the Internet at plaurenz@fcc.gov. Service Administrative Company.
Zenji.Nakazawa@fcc.gov. SUPPLEMENTARY INFORMATION: OMB Control No.: 3060–0859.
SUPPLEMENTARY INFORMATION: OMB Control No.: 3060–0855. OMB Approval Date: 6/23/2006.
OMB Control No.: 3060–0783. OMB Approval Date: 7/27/2006. Expiration Date: 6/30/2009.
OMB Approval date: January 31, 2006. Expiration Date: 1/31/2007. Title: Suggested Guidelines for
Expiration Date: January 31, 2009. Title: Telecommunications Reporting Petitons for Ruling Under Section 253 of
Title: Section 90.176, Coordinator Worksheet, WC Docket No. 06–112, CC the Communications Act.
notification requirements on frequencies Docket No. 96–45. Form No.: N/A.
below 512 MHz or at 764–776/794–806 Form No.: FCC Forms 499 (FCC Forms Estimated Annual Burden: 80
MHz. 499–A and 499–Q). Responses; 6,280 total annual burden
Form No.: N/A. Estimated Annual Burden: 17,465 hours; 63–125 hours per respondent.
Estimated Annual Burden: 3,900 responses; 263,230 total annual burden Needs and Uses: This collection was
responses; 1,950 total annual burden hours; 10–25 hours per quarterly filing submitted to extend an existing
hours; .50 hours average per respondent. and 13.5–25 hours per annual filing per collection. The collection establishes
Needs and Uses: Section 90.176 respondent. various procedural guidelines related to
requires each Private Land Mobile Needs and Uses: This collection was the Commission’s processing of
frequency coordinator to provide, submitted as a revision to an existing petitions for preemption pursuant to
within one business day, a listing of collection to obtain emergency Section 253 of the Communications Act
their frequency recommendations to all clearance for FCC Forms 499–A and of 1934, as amended. The Commission
other frequency coordinators in their 499–Q (3060–0855). Universal Service uses the information to discharge its
respective pool, and, if requested, an obligations have been extended to statutory mandate relating to the
engineering analysis. Any method can interconnected Voice over Internet preemption of state or local statutes or
be used to ensure this compliance with Protocol (interconnected VoIP) other state or local legal requirements.
the ‘‘one business day requirement’’ and providers. The Commission requires
jlentini on PROD1PC65 with NOTICES

must provide, at a minimum, the name telecommunications carriers and certain Federal Communications Commission.
of the applicant; frequency or other providers of interstate Jacqueline R. Coles,
frequencies recommended; antenna telecommunications to contribute to the Associate Secretary.
locations and heights; the effective universal service fund. The Commission [FR Doc. E6–12994 Filed 8–8–06; 8:45 am]
radiated power; the type(s) of emission; has found that interconnected VoIP BILLING CODE 6712–01–P

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