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seq., nor does it require any special tribes. Thus, the Agency has determined Senate, the U.S. House of considerations under Executive Order that Executive Order 13132, entitled Representatives, and the Comptroller 12898, entitled Federal Actions to Federalism (64 FR 43255, August 10, General of the United States prior to Address Environmental Justice in 1999) and Executive Order 13175, publication of this rule in the Federal Minority Populations and Low-Income entitled Consultation and Coordination Register. This rule is not a ‘‘major rule’’ Populations (59 FR 7629, February 16, with Indian Tribal Governments (65 FR as defined by 5 U.S.C. 804(2). 1994). 67249, November 9, 2000) do not apply List of Subjects in 40 CFR Part 180 Since tolerances and exemptions that to this rule. In addition, This rule does are established on the basis of a petition not impose any enforceable duty or Environmental protection, under section 408(d) of FFDCA, such as contain any unfunded mandate as Administrative practice and procedure, the tolerance in this final rule, do not described under Title II of the Unfunded Agricultural commodities, Pesticides require the issuance of a proposed rule, Mandates Reform Act of 1995 (UMRA) and pests, Reporting and recordkeeping the requirements of the Regulatory (Public Law 104–4). requirements. Flexibility Act (RFA) (5 U.S.C. 601 et This action does not involve any Dated: July 3, 2008. seq.) do not apply. technical standards that would require Lois Rossi, This final rule directly regulates Agency consideration of voluntary Director, Registration Division, Office of growers, food processors, food handlers, consensus standards pursuant to section Pesticide Programs. 12(d) of the National Technology and food retailers, not States or tribes, I Therefore, 40 CFR chapter I is Transfer and Advancement Act of 1995 nor does this action alter the amended as follows: relationships or distribution of power (NTTAA), Public Law 104–113, section and responsibilities established by 12(d) (15 U.S.C. 272 note). PART 180—[AMENDED] Congress in the preemption provisions XII. Congressional Review Act of section 408(n)(4) of FFDCA. As such, I 1. The authority citation for part 180 the Agency has determined that this The Congressional Review Act, 5 continues to read as follows: action will not have a substantial direct U.S.C. 801 et seq., generally provides Authority: 21 U.S.C. 321(q), 346a and 371. effect on States or tribal governments, that before a rule may take effect, the I 2. Section 180.960 is amended by on the relationship between the national agency promulgating the rule must adding in alphabetical order a polymer government and the States or tribal submit a rule report to each House of to the table to read as follows: governments, or on the distribution of the Congress and to the Comptroller power and responsibilities among the General of the United States. EPA will § 180.960 Polymers; exemptions from the various levels of government or between submit a report containing this rule and requirement of a tolerance. the Federal Government and Indian other required information to the U.S. * * * * *

Polymer CAS No.

******* Oxirane, 2-methyl-, polymer with oxirane, mono [2-[2-(2-butoxymethylethoxy)methylethoxy]methylethyl] ether, minimum number average molecular weight (in amu), 3,000. 926031–36–9

*******

[FR Doc. E8–16317 Filed 7–17–08; 8:45 am] (VRS) and Internet Protocol (IP) Relay, document in the Federal Register BILLING CODE 6560–50–S ten-digit telephone numbers linked to announcing the effective date of these the North American Numbering Plan requirements. Interested parties (NANP). This numbering system will (including the general public, OMB, and FEDERAL COMMUNICATIONS further the TRS functional equivalency other Federal agencies) that wish to COMMISSION mandate by ensuring that Internet-based submit written comments on the PRA TRS users can be reached by voice information collection requirements 47 CFR Parts 52 and 64 telephone users in the same way that must do so on or before September 16, [CG Docket No. 03–123 and WC Docket No. voice telephone users are called. The 2008. 05–196; FCC 08–151] measures the Commission adopts also ADDRESSES: Interested parties may are intended to ensure that emergency submit PRA comments identified by Telecommunications Relay Services calls placed by Internet-based TRS users OMB Control Number 3060–1089, by and Speech-to-Speech Services for will be routed directly and any of the following methods: Individuals With Hearing and Speech automatically to the appropriate • Federal eRulemaking Portal: http:// Disabilities; E911 Requirements for IP- emergency services authorities by www.regulations.gov. Follow the Enabled Service Providers Internet-based TRS providers. instructions for submitting comments. • AGENCY: Federal Communications DATES: Effective August 18, 2008, except Federal Communications Commission. for 47 CFR 64.605 (a) and (b), and Commission’s Web Site: http:// ACTION: Final rule. 64.611 (a), (b), (c) and (f), which contain www.fcc.gov/cgb/ecfs/. Follow the information collection requirements instructions for submitting comments. SUMMARY: In this document, the subject to the Paperwork Reduction Act • E-mail: Parties who choose to file Commission adopts a system for (PRA) of 1995, Public law 104–13, that by e-mail should submit their comments assigning users of Internet-based have not been approved by the Office of to [email protected]. Please include CG Telecommunications Relay Services Management and Budget (OMB). The Docket Number 03–123, WC Docket (TRS), specifically Video Relay Service Commission will publish a separate Number 05–196, and OMB Control

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Number 3060–1089 in the subject line of Telecommunications Relay Services and specific comment on how it may the message. Speech-to-Speech Services for ‘‘further reduce the information • Mail: Parties who choose to file by Individuals with Hearing and Speech collection burden for small business paper should submit their comments to Disabilities; E911 Requirements For IP- concerns with fewer than 25 Cathy Williams, Federal Enabled Service Providers, Report and employees.’’ Communications Commission, Room 1– Order (Interim Emergency Call Handling Synopsis C823, 445 12th Street, SW., Washington, Order), CG Docket No. 03–123 and WC DC 20554. Docket No. 05–196, document FCC 08– 1. In the Report and Order, the FOR FURTHER INFORMATION CONTACT: 78, published at 73 FR 21252, April 21, Commission adopts a system for Thomas Chandler, Consumer and 2008; and (5) Consumer and assigning users of Internet-based TRS, Governmental Affairs Bureau, Disability Governmental Affairs Bureau Seeks to specifically VRS and IP Relay, ten-digit Rights Office at (202) 418–1475 (voice), Refresh Record on Assigning Internet telephone numbers linked to the NANP. (202) 418–0597 (TTY), or e-mail Protocol (IP)-Based This numbering system will further the [email protected]. For Telecommunications Relay Service functional equivalency mandate by additional information concerning the (TRS) Users Ten-Digit Telephone ensuring that Internet-based TRS users PRA information collection Numbers Linked to North American can be reached by voice telephone users requirements contained in this Numbering Plan (NANP) and Related in the same way that voice telephone document, contact Cathy Williams at Issues, Public Notice (Numbering PN), users are called. The measures the (202) 418–2918, or e-mail CG Docket No. 03–123, document DA Commission adopts also are intended to [email protected] and/or 08–607, published at 73 FR 16304, ensure that emergency calls placed by [email protected]. March 27, 2008. Internet-based TRS users will be routed The full text of document FCC 08–151 directly and automatically to the SUPPLEMENTARY INFORMATION: This is a and copies of any subsequently filed appropriate emergency services summary of the Commission’s documents in this matter will be authorities by Internet-based TRS Telecommunications Relay Services and available for public inspection and providers. Consistent with the Interim Speech-To-Speech Services For copying during regular business hours Emergency Call Handling Order, the Individuals With Hearing and Speech at the FCC Reference Information Commission requires that the ten-digit Disabilities; E911 Requirements For IP- Center, Portals II, 445 12th Street, SW., numbering plan adopted in the Report Enabled Services Providers, Report and Room CY–A257, Washington, DC 20554. and Order be implemented no later than Order, document FCC 08–151, adopted FCC 08–151 and copies of subsequently December 31, 2008. In the June 11, 2008, and released June 24, filed documents in this matter also may accompanying FNPRM, the Commission 2008, in CG Docket No. 03–123 and WC be purchased from the Commission’s seeks comment on additional issues Docket No. 05–196. Simultaneously duplicating contractor at Portals II, 445 relating to the assignment and with the Report and Order, the 12th Street, SW., Room CY–B402, administration of ten-digit telephone Commission also issued a Further Washington, DC 20554. Customers may numbers for Internet-based TRS. Notice and Proposed Rulemaking contact the Commission’s duplicating 2. Currently, VRS users do not have (FNPRM) in CG Docket No. 03–123 and contractor at its Web site a reliable or consistent means by which WC Docket No. 05–196, seeking www.bcpiweb.com or by calling 1–800– others can identify or reach them. In comment on additional issues relating 378–3160. To request materials in contrast to the voice telephone network, to the assignment and administration of accessible formats for people with Internet-based relay services are not ten-digit telephone numbers for disabilities (Braille, large print, linked to a uniform numbering scheme. Internet-based TRS. The Report and electronic files, audio format), send an Instead of a ten-digit telephone number, Order addresses issues arising from the e-mail to [email protected] or call the VRS users are typically assigned a following items: (1) Consumer and Governmental Affairs ‘‘dynamic’’ IP address. As a Telecommunications Relay Services and Bureau at (202) 418–0530 (voice) or consequence, it is more difficult to place Speech-to-Speech Services for (202) 418–0432 (TTY). Document FCC a relay call to a VRS user, as compared Individuals with Hearing and Speech 08–151 also can be downloaded in to placing a call to a voice telephone Disabilities, Notice of Proposed Word and Portable Document Format user, because the calling party must Rulemaking (VRS/IP Relay 911 NPRM), (PDF) at http://www.fcc.gov/cgb/dro/ ascertain the VRS user’s current IP CG Docket No. 03–123, document FCC trs.html. address each time he or she wishes to 05–196, published at 71 FR 5221, place a call to that individual. February 1, 2006; (2) Paperwork Reduction Act of 1995 3. The voice telephone system is Telecommunications Relay Services and Analysis predicated on the assignment of ten- Speech-to-Speech Services for Document FCC 08–151 contains new digit numbers to consumers, and the Individuals with Hearing and Speech and modified information collection ability of any telephone user to reach a Disabilities, Declaratory Ruling and requirements subject to the PRA. It will consumer by dialing that person’s Further Notice of Proposed Rulemaking be submitted to OMB for review under particular number. Further, because (Interoperability Declaratory Ruling and section 3507 of the PRA. OMB, the location and other identifying FNPRM), CG Docket No. 03–123, general public, and other Federal information is attached to each number, document FCC 06–57, published at 71 agencies are invited to comment on the consumers can dial 911 and reach FR 30818 and 71 FR 30848, May 31, modified information collection emergency services that can 2006; (3) Telecommunications Relay requirements contained in this automatically determine the caller’s Services and Speech-to-Speech Services proceeding. Public and agency location to respond to the emergency. for Individuals with Hearing and Speech comments are due September 16, 2008. The same holds true for consumers of Disabilities, Further Notice of Proposed In addition, the Commission notes the PSTN-based TRS. Voice telephone Rulemaking (IP Relay/VRS Misuse pursuant to the Small Business users can call these consumers via TRS FNPRM), CG Docket No. 03–123, Paperwork Relief Act of 2002, Public if they know the consumer’s ten-digit document FCC 06–58, published at 71 Law 107–198, see 44 U.S.C. 3506 (c)(4), telephone number, which they provide FR 31131, June 1, 2006; (4) that the Commission previously sought to the customer assistant (CA) when

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making the relay call. These TRS a longer term solution. The Commission equivalent to the process by which consumers can also contact emergency also announced its intention to adopt in subscribers to interconnected VoIP, services by either dialing 911 directly or a forthcoming Commission order a Commercial Mobile Radio Service, and by calling a TRS provider; in either case, Registered Location process, similar to local exchange service obtain numbers. the caller’s location information will that adopted by the Commission in the Indeed, even proponents of the neutral automatically be passed to the interconnected voice over Internet third-party process note that some emergency personnel. This is presently protocol (VoIP) context. consumers view their Internet-based not the case, however, with respect to 6. Adoption of a Uniform Ten-Digit TRS provider as if it were a telephone consumers using the Internet-based Telephone Numbering System for company and therefore expect that they forms of TRS. Voice telephone users can Internet-based TRS. The Commission should obtain numbering resources call an Internet-based TRS user only if finds that utilization of NANP numbers directly from the Internet-based TRS the caller knows the TRS user’s current will best achieve the goal of making provider. Internet address (or a proxy therefor), Internet-based TRS functionally 10. In light of the Commission’s and the Internet-based TRS user cannot equivalent to traditional circuit decision to have Internet-based TRS call emergency services and have switched telephony, and will provide users obtain numbers directly from location information automatically Internet-based TRS users a reliable and Internet-based TRS providers, the transmitted. The Commission concludes consistent means by which they may Commission must determine how that it has the authority to adopt a receive calls from voice telephone users. Internet-based TRS providers are to system for assigning persons using The Commission therefore requires obtain access to numbering resources. Internet-based TRS ten-digit telephone Internet-based TRS providers to assign The record reflects three methods: (1) numbers linked to the NANP pursuant Internet-based TRS users NANP Directly from the NANPA or the PA, (2) to sections 225 and 251 of the telephone numbers. The Commission from a neutral third party administrator Communications Act of 1934, as further requires Internet-based TRS established for the purpose, or (3) from amended (the Act). providers to stop issuing ‘‘proxy’’ or numbering partners through commercial 4. In the March 19, 2008, Interim ‘‘alias’’ numbers no later than December agreements. Emergency Call Handling Order, the 31, 2008. 11. Only carriers, absent a Commission announced its intention to 7. Full connectivity between Internet- Commission waiver, may obtain adopt a ten-digit numbering plan for based TRS and the PSTN cannot be numbering resources directly from the Internet-based TRS in a future achieved simply by assigning telephone NANPA or the PA. Section 52.15(g)(2) of Commission order. That same day, and numbers to Internet-based TRS users. the Commission’s rules limits access to to ensure that the record reflects new The networks upon which the Internet the NANP numbering resources to those technical, economic, and administrative portion of Internet-based TRS operates applicants that are (1) ‘‘authorized to developments related to the require IP addresses rather than NANP provide service in the area for which the implementation of a 10-digit numbering telephone numbers for routing. In order numbering resources are being system, the Commission’s Consumer to allow calls to be appropriately routed requested’’ and (2) ‘‘[are] or will be and Governmental Affairs Bureau and completed, a mechanism must be capable of providing service within (Bureau) issued the Numbering PN, created for mapping the telephone sixty (60) days of the numbering inviting interested parties to refresh the numbers assigned to Internet-based TRS resources activation date.’’ 47 CFR record on issues relating to the users to the IP addresses (or other 52.15(g)(2). Allowing only carriers to assignment and administration of ten- appropriate endpoint identifiers) used have direct access to NANP numbering digit numbering for Internet-based TRS by Internet-based TRS. resources helps to ensure that the users. The Bureau also sought to refresh 8. Number Acquisition and numbers are used efficiently and to the record on other issues related to Assignment. The Commission finds that avoid number exhaust and also provides numbering, including number resource it is most expedient and consistent with some control over who may access conservation, and the application of the the Commission’s numbering policies numbering databases and personnel. Commission’s anti-‘‘slamming’’ rules, for Internet-based TRS users to obtain Thus, to the extent that a provider of customer proprietary network NANP telephone numbers directly from Internet-based TRS is licensed or information (CPNI) rules, and local their Internet-based TRS providers. certificated as a carrier under the Act number portability (LNP) rules to Internet-based TRS providers may and relevant state law (as appropriate), Internet-based TRS providers. obtain such numbers either: (1) Directly it may obtain numbering resources 5. In the Interim Emergency Call from the North American Numbering directly from the NANPA or PA. Handling Order, the Commission Plan Administration (NANPA) or the 12. The Commission recognizes, required Internet-based TRS providers Pooling Administrator (PA) if they are however, that many, if not all, providers to ‘‘accept and handle emergency calls’’ certificated as carriers and otherwise of Internet-based TRS will not be and to access, either directly or via a meet the criteria for obtaining numbers; licensed or certificated as carriers. third party, a commercially available or (2) through commercial arrangements Internet-based TRS providers that have database that will allow the provider to with carriers (i.e., numbering partners). not obtained a license or certificate of determine an appropriate PSAP, These are precisely the methods of public convenience and necessity from designated statewide default answering obtaining numbers that are available to the relevant states or otherwise are not point, or appropriate local emergency providers of interconnected VoIP eligible to receive numbers directly from authority that corresponds to the caller’s service and their customers. Finally, the NANPA or PA may make numbers location, and to relay the call to that Internet-based TRS users and providers available to their customers through entity. The Commission also adopted of Internet-based TRS will enjoy the full commercial arrangements with carriers several interim emergency call handling benefits of LNP. (i.e., numbering partners). This method requirements for Internet-based relay 9. The Commission finds that the best has proven successful in the context of services, finding that these measures are process for Internet-based TRS users to interconnected VoIP, is consistent with needed to facilitate access to emergency obtain telephone numbers is directly the Commission’s numbering rules, and services for consumers of Internet-based from their Internet-based TRS providers. is cost effective. TRS providers can relay services, pending the adoption of Such a process is functionally easily obtain numbers from certified

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carriers the same way interconnected service providers involved are carriers, the money Internet-based TRS providers VoIP providers obtain numbers today. interconnected VoIP providers, or will use to make such contributions. 13. In any case, Internet-based TRS Internet-based TRS providers. The 18. The Commission finds that providers and their numbering partners Commission notes that the Internet- Internet-based TRS users should be shall be entitled to obtain and use based TRS provider has an affirmative assigned geographically appropriate numbering resources only to the extent legal obligation to take all steps NANP numbers, as happens today for they comply with the requirements of necessary to initiate or allow a port-in hearing users. The Commission notes the Report and Order. The Commission or port-out itself or through its that there may be unusual and limited also reminds all parties that telephone numbering partner on behalf of the circumstances in which an Internet- numbers are a public resource, not Internet-based TRS user, subject to a based TRS provider may not be able to private property. They may not be valid port request, without unreasonable obtain a geographically appropriate bought or sold. They may, however, be delay or unreasonable procedures that number for a particular end user. While provided as part of a package of services have the effect of delaying or denying the Commission does not expect this to that includes, for example, porting of the number. Moreover, be a common occurrence, Internet-based interconnection, connectivity, or 911 Internet-based TRS providers and their TRS providers may temporarily employ service. numbering partners may not enter into suitable workarounds in such 14. In light of record support for, and agreements that would prohibit or circumstances, such as the assignment the demonstrated success of unreasonably delay an Internet-based of a number which is reasonably close interconnected VoIP providers in TRS user from porting between Internet- to the Internet-based TRS user’s rate obtaining NANP telephone numbers based TRS providers and will be subject center, or the use of remote call from carriers, the Commission declines to Commission enforcement action for forwarding. Such workarounds may be to appoint a neutral third party to obtain any such violation of the Act and the employed only until a geographically numbers from the NANPA or from Commission’s LNP rules. appropriate number becomes available, numbering partners for distribution to 16. To the extent that an Internet- unless the end user chooses to retain the providers of Internet-based TRS or based TRS provider is licensed or originally assigned number. Internet-based TRS users. Allowing a 19. ‘‘Default Provider’’ Registration. certificated as a carrier, that carrier is third-party administrator direct access Every provider of Internet-based TRS is eligible to obtain numbering resources to numbering resources is not consistent required to provide Internet-based TRS directly from the NANPA, subject to all with general Commission policy—as users with the capability to register with relevant rules and procedures discussed above, absent a waiver, the that Internet-based TRS provider as a applicable to carriers, including LNP Commission’s rules allow only carriers ‘‘default provider’’ and provide or port requirements. Under these direct access to NANP numbering for that user a NANP telephone number. resources. Further, the record reflects circumstances, the Internet-based TRS Such registration is required: (1) To that a third-party administrator would provider would not have a numbering allow the Internet-based TRS provider add another layer of personnel, process, partner, and would thus be solely to take steps to associate the Internet- and cost in the number procurement responsible for compliance with the based TRS user’s telephone number process. Commission rules at issue here. with their IP address to allow for the 15. The Commission also finds that 17. Section 251(e)(2) of the Act routing and completion of calls; (2) to Internet-based TRS providers and their provides that ‘‘[t]he cost of establishing facilitate the provision of 911 service; numbering partners are subject to the telecommunications numbering and (3) to facilitate the implementation same LNP obligations, with the sole administration arrangements and of appropriate network security exception of contributing to meet shared number portability shall be borne by all measures. numbering administration costs and telecommunications carriers on a 20. The Internet-based TRS provider LNP costs, as the Commission set forth competitively neutral basis as with which an Internet-based TRS user in Telephone Number Requirements for determined by the Commission.’’ 47 has registered will serve as the Internet- IP Enabled Services Providers; Local U.S.C. 251(e)(2). Carriers and based TRS user’s ‘‘default provider.’’ Number Portability Porting Interval and interconnected VoIP providers that For all Internet-based TRS users, all Validation Requirements; IP-Enabled benefit from LNP generally are required inbound and outbound calls will, by Services; Telephone Number Portability; to contribute to meet shared LNP costs. default, be routed through the default CTIA Petitions for Declaratory Ruling on The Commission declines to extend to provider. Such a default provider Wireline-Wireless Porting Issues; Final Internet-based TRS providers the arrangement is functionally equivalent Regulatory Flexibility Analysis; Number obligation to contribute to meet shared to services provided on the PSTN and Resource Optimization, Report and LNP costs at this time. Unlike other via interconnected VoIP. For example, Order, Declaratory Ruling, Order on providers that benefit from LNP, voice telephone users that subscribe to Remand, and Notice of Proposed providers of Internet-based TRS are not a particular carrier for long distance Rulemaking, WC Docket Nos. 07–243, permitted to recover their costs from service will make all of their long 07–244, 04–36; CC Docket Nos. 95–116, their end users. Rather, Internet-based distance calls on that carrier’s network 99–200, document FCC 07–188, TRS providers are compensated by the unless they choose to ‘‘dial around’’ to published at 73 FR 9463, February 21, Interstate TRS Fund for the costs of an alternative long distance provider. 2008 and 73 FR 9507, February 21, providing relay service. Money in the Likewise, calls made to and from an 2008. The Commission expands the Interstate TRS Fund is collected from Internet-based TRS user will be handled scope of the Commission’s LNP rules to various providers of by the default provider, unless the include Internet-based TRS providers, telecommunications and related calling Internet-based TRS user so that the full array of obligations services—many of which already specifically ‘‘dials around’’ in order to relating to the porting of numbers from contribute to meet shared LNP costs. It utilize an alternative provider. one service provider to another service makes little sense to require Internet- Individuals calling an Internet-based provider are applicable when an based TRS providers to contribute to TRS user likewise will have the option Internet-based TRS user wishes to port defray shared LNP costs covered by the of ‘‘dialing around’’ an Internet-based a number, regardless of whether the same providers that ultimately provide TRS user’s default provider in order to

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utilize the services of a different TRS eliminating the need to query an and operating the central database will provider. An Internet-based TRS user Internet-based TRS user’s default best be done by a neutral third party may select and register with a new provider before completing every call. administrator under contract with the default provider at any time and have Further, the use of a domain name in Commission and compensated through his or her number ported to that the URI normally would create a the Interstate TRS Fund. The neutral provider. dependency on the global Domain Name database administrator must be selected, 21. As of December 31, 2008, Internet- System and thereby introduce those and must construct the database, work based TRS providers must, prior to the additional security vulnerability issues with industry to populate the database, initiation of service for an individual associated with the global DNS. Finally, test the functionality of the database, that has not previously utilized Internet- eliminating the terminating party’s and be prepared to support ten-digit based TRS, register that new Internet- default provider from the call flow also numbers for Internet-based TRS users by based TRS user, provide that user with improves Internet-based TRS user December 31, 2008. a ten-digit NANP telephone number, privacy by limiting the number of 28. In the interest of time, the obtain that user’s Registered Location, Internet-based TRS providers that have Commission is not referring this issue to and fulfill all other requirements set access to call signaling data, and limits the North American Numbering Council forth in the Report and Order that any ability the terminating party’s (NANC), as the Commission has for past pertain to Registered Internet-based TRS default provider might have to block or numbering contracts. Rather, the Users. The Commission’s numbering otherwise degrade calls initiated Commission delegates authority to the plan must be implemented such that through a competitor. Office of the Managing Director ten-digit numbers are available to 25. The Commission requires Internet- (Managing Director), with the assistance Internet-based TRS users no later than based TRS providers to provision of the Wireline Competition Bureau, the December 31, 2008. The Commission routing information directly to the Consumer and Governmental Affairs recognizes, however, that every existing central database. Default providers must Bureau, and the Office of General Internet-based TRS user will not be able obtain current routing information, Counsel, to select the neutral to register with a default provider on including URIs containing IP addresses administrator based on a competitive that day. The Commission therefore or domain names and user names, from bidding process. recognizes that the Commission must their Registered Internet-based TRS 29. The Commission concludes that: adopt a registration period for the Users, provision such information to the (1) The neutral administrator must be a existing base of Internet-based TRS central database, and maintain it in their non-governmental entity that is users to migrate to the new numbering internal databases and in the central impartial and is not an affiliate of any plan. database. Conversely, Internet-based Internet-based TRS provider; (2) the 22. Centralized Numbering Directory TRS providers (and, to the extent neutral administrator and any affiliate Mechanism. The Commission finds that necessary, their numbering partners) may not issue a majority of its debt to, the best centralized numbering directory must take such steps as are necessary to nor derive a majority of its revenues mechanism shall: (1) Be provisioned cease acquiring routing information from, any Internet-based TRS provider; with Uniform Resource Identifiers from any Internet-based TRS user that and (3) notwithstanding the neutrality (URIs) that contain, inter alia, end-user ports his or her number to another criteria set forth in (1) and (2) above, the IP addresses for VRS and domain names provider or otherwise selects a new neutral administrator may be and user names for IP Relay; (2) be default provider. In addition, Internet- determined to be or not to be subject to provisioned by Internet-based TRS based TRS providers and their undue influence by parties with a providers on behalf of their Registered numbering partners also must vested interest in the outcome of TRS- Internet-based TRS Users; and (3) limit communicate among themselves as related numbering administration and central database access to Internet-based necessary to ensure that only the default activities. Any subcontractor that TRS providers. The Commission further provider provisions routing information performs functions of the neutral finds that industry-standard DNS and to the central database, and that administrator must also meet these ENUM technology is well-suited for providers other than the default neutrality criteria. implementing and querying the provider are aware that they must query 30. Emergency Calling Handling database. the central database in order to obtain Requirement. The Commission stated in 23. The primary purpose of the accurate routing information for a the Interim Emergency Call Handling central database will be to map each particular user of Internet-based TRS. In Order the Commission’s belief that the Internet-based TRS user’s NANP order to ensure that the telephone use of a Registered Location process, telephone number to his or her end numbers of Internet-based TRS users are similar to that adopted in the VoIP 911 device. This can be accomplished by: (1) fully portable, that their devices are Order, constitutes an additional critical Provisioning the database with each interoperable, and their privacy is component of an E911 solution for Internet-based TRS user’s IP address protected, if an Internet-based TRS Internet-based TRS providers, so that a (either alone or as part of a URI); or (2) provider cannot provide service to a CA may promptly determine an provisioning the database with URIs particular user in the manner described appropriate PSAP, designated statewide that contain domain names and user in the Report and Order, the Internet- default answering point, or appropriate names—such as an instant-message based TRS provider must not provide local emergency authority to call to service and screen-name—that can be service to that user without seeking respond to the emergency. Accordingly, subsequently resolved to reach the prior approval of the Commission. as the Commission required of all user’s end device. 26. The Commission concludes that interconnected VoIP providers, the 24. The Commission finds that the only Internet-based TRS providers will Commission requires that all Internet- central database should be provisioned be authorized to query the central based TRS providers obtain or have with URIs containing IP addresses for database for the purpose of obtaining access to consumer location information VRS users. Provisioning URIs information from the database to for the purposes of emergency calling containing IP addresses to the central complete calls. requirements. The Commission also database will result in a simplified, and 27. The Commission further requires all Internet-based TRS more efficient, call setup process by concludes that building, maintaining, providers to obtain from their Registered

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Internet-based TRS users their physical of December 31, 2008, the Commission to a ten-digit numbering system and to location, and the Commission modifies requires that an Internet-based TRS ensure the successful implementation of the call handling requirements adopted provider must transmit all 911 and E911 the Registered Location requirement in the Interim Emergency Call Handling calls, as well as a call back number, the adopted herein, the Commission Order to reflect the adoption of a name of the relay provider, the CA’s requires each Internet-based TRS Registered Location requirement. identification number, and the caller’s provider, upon the effective date of the 31. Registered Location Requirement. Registered Location for each call, to the Report and Order, to include an The Commission recognizes that it PSAP, designated statewide default additional advisory on its Web site and currently is not always technologically answering point, or appropriate local in any promotional materials addressing feasible for providers of Internet-based emergency authority that serves the the new requirements adopted herein. TRS to automatically determine the caller’s Registered Location and that has At a minimum, the advisory must location of their end users without end been designated for telecommunications address the following issues: (1) The users’ active cooperation. The carriers under § 64.3001 of the process by which Internet-based TRS Commission therefore requires each Commission’s rules. These calls must be users may obtain ten-digit telephone provider of Internet-based TRS to obtain routed through the use of ANI and, if numbers, including a brief summary of location information from each of their necessary, pseudo-ANI, via the the numbering assignment and Registered Internet-based TRS users. dedicated Wireline E911 Network, and administration processes adopted Specifically, providers of Internet-based the Registered Location must be herein; (2) the portability of ten-digit TRS must obtain from each of their available from or through the ALI telephone numbers assigned to Internet- Registered Internet-based TRS users, Database. based TRS users; (3) the process by prior to the initiation of service, the 34. 911 Service Providers. The which persons using Internet-based physical location at which the service Commission continues to expect that forms of TRS may submit, update, and will first be utilized. The most recent Internet-based TRS providers will be confirm receipt by the provider of their location provided to an Internet-based able to use much of the same Registered Location information; and (4) TRS provider by a Registered Internet- infrastructure and technology that is an explanation emphasizing the based TRS user is the ‘‘Registered already in place for the delivery of 911 importance of maintaining accurate, up- Location.’’ Internet-based TRS providers and E911 calls by interconnected VoIP to-date Registered Location information can comply with this requirement service providers. The Commission with the user’s default provider in the directly or by utilizing the services of a recognizes that, because Internet-based event that the individual places an third party. Furthermore, providers of TRS providers will be able to choose emergency call via an Internet-based Internet-based TRS that can be utilized from among multiple providers of 911 relay service. The Commission also from more than one physical location related services, in instances in which requires Internet-based TRS providers to must provide their Registered Internet- an Internet-based TRS user places an obtain and keep a record of affirmative based TRS users one or more methods emergency call through an Internet- acknowledgement by every user of updating information regarding the based TRS provider other than the assigned a ten-digit telephone number Registered Internet-based TRS user’s Internet-based TRS user’s default of having received and understood the physical location. Although the provider, the alternative provider may advisory described above. Commission declines to specify any not have access to the Internet-based 36. The Commission also directs the particular method, the Commission TRS user’s Registered Location Consumer and Governmental Affairs requires that any method utilized allow information. The Commission notes, Bureau to issue a consumer advisory to a Registered Internet-based TRS user to however, that providers must prioritize TRS users summarizing the update his or her Registered Location at and answer emergency calls in requirements and obligations set forth in will and in a timely manner, including accordance with the requirements set the Report and Order, and to at least one option that requires use only forth in the Interim Emergency Call disseminate the advisory through the of the CPE necessary to access the Handling Order. Further, because of the Consumer Information Registry. Internet-based TRS. Further, Internet- importance of emergency call handling, 37. IP Relay Fraud. Although Internet- based TRS providers may not charge providers must ensure adequate staffing based relay services have proven to be users to update their Registered of emergency call handling processes so enormously popular with consumers, Location, as this would discourage that CAs are not required to disconnect these services (and particularly IP Registered Internet-based TRS users non-emergency calls in order to process Relay) may be more susceptible to from doing so and therefore undermine emergency calls. In light of these misuse than other forms of TRS. For this solution. requirements and the nature of example, the Commission has received 32. The Interim Emergency Call emergency calls, the Commission complaints and anecdotal evidence that Handling Order required Internet-based expects that most, if not all, emergency persons without a hearing or speech TRS providers to ‘‘request, at the calls will be dialed via an Internet-based disability have misused IP Relay to beginning of every emergency call, the TRS user’s default provider and thus defraud merchants by making purchases caller’s name and location information.’’ will have associated Registered over the telephone using stolen, fake, or Internet-based TRS providers no longer Locations. Further, in light of the otherwise invalid credit cards. See IP are required to request such information importance of access to emergency Relay/VRS FNPRM. This misuse is at the beginning of an emergency call if services for relay users, the Commission enabled both by Internet-based TRS the Internet-based TRS provider has, or asks in the accompanying FNPRM providers’ current difficulty in has access to, a Registered Location for whether the Commission should take determining with certainty the the caller. other steps in order to ensure that geographic location of their users and by 33. Routing 911 Calls. The Interim emergency calls are handled in an IP Relay providers’ inability to Emergency Call Handling Order appropriate and expeditious manner. determine the identity of any particular permitted Internet-based TRS providers 35. Consumer Outreach and user (because an IP Relay CA only to route 911 calls to PSAPs’ ten-digit Education. Because substantial receives the text of a user’s message). In administrative lines pending adoption consumer outreach efforts will be other words, IP Relay affords the user a of a Registered Location requirement. As needed to ensure a seamless transition degree of anonymity that is generally

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not possible with PSTN-based relay and education related to the The Commission further authorizes the calls. This misuse harms both the requirements and services adopted in Managing Director, if so requested by merchants who are victimized and the Report and Order. These costs do the Chief, Wireline Competition Bureau, legitimate IP Relay users who may no not include, however, costs relating to to retain a technical advisor that will longer be able to convince merchants to assigning numbers to the Internet-based provide such assistance as the Chief, take their calls or accept their orders for TRS users nor costs relating to number Wireline Competition Bureau, may merchandise. In addition, the misuse of portability. Because voice telephone require to resolve such disputes. IP Relay by hearing callers poses an users generally bear these costs, the Final Regulatory Flexibility added burden on the Fund—a burden Commission seeks comment in the Certification ultimately borne by all consumers. The FNPRM on whether Internet-based TRS Commission believes that registration of users or the Fund should bear these 43. The Regulatory Flexibility Act of Internet-based TRS users with a default costs. The Commission also reminds 1980, as amended (RFA), see 5 U.S.C. provider and provision of a Registered Internet-based TRS providers, however, 603, requires that a regulatory flexibility Location should reduce the misuse of IP that these costs may not include costs analysis be prepared for rulemaking Relay by persons seeking anonymity to related to facilitating non-TRS peer-to- proceedings, unless the agency certifies make fraudulent credit card purchases peer (or video-to-video) calls. that ‘‘the rule will not, if promulgated, and engage in other wrongdoing. 40. The Commission authorizes the have a significant economic impact on 38. Cost Recovery Issues. Section 225 TRS Fund Administrator to pay the a substantial number of small entities.’’ of the Communications Act creates a reasonable costs of providing necessary 5 U.S.C. 605(b). The RFA generally cost recovery regime whereby TRS services consistent with the Report and defines ‘‘small entity’’ as having the providers are compensated for their Order directly to the database same meaning as the terms ‘‘small reasonable costs of providing service in administrator rather than funnel the business,’’ ‘‘small organization,’’ and compliance with the TRS regulations. funding indirectly through providers. ‘‘small governmental jurisdiction.’’ 5 The Commission has explained that ‘‘for Finally, the Commission notes that to U.S.C. 601(6). In addition, the term purposes of determining the ‘reasonable’ the extent the costs necessitated by the ‘‘small business’’ has the same meaning costs that may be recovered * * *, the requirements adopted in the Report and as the term ‘‘small business concern’’ costs must relate to the provision of Order may require an adjustment to the under the Small Business Act. 5 U.S.C. service in compliance with the Fund size, and therefore the carrier 601(3). A ‘‘small business concern’’ is applicable non-waived [TRS] mandatory contribution factor, the Commission one which: (1) Is independently owned minimum standards.’’ Therefore, expects the TRS Fund Administrator to and operated; (2) is not dominant in its because the Commission now requires monitor payments made from the Fund field of operation; and (3) satisfies any Internet-based TRS providers to offer in connection with the Report and additional criteria established by the ten-digit numbering and E911 services, Order and to recommend to the Small Business Administration (SBA). providers of these services are entitled Commission, if and when appropriate, 15 U.S.C. 632. to recover their reasonable costs of that the Fund size be adjusted. 44. In the Report and Order, the complying with the new requirements 41. Timeline and Benchmarks. By the Commission adopts a system for as set forth in the Report and Order. The Report and Order, the Commission has assigning ten-digit telephone numbers Commission will require that such costs met its commitment to complete a final linked to the NANP to persons using be submitted every three months, order on a ten-digit numbering plan in Internet-based TRS. The Report and beginning three months after the release the second quarter of this year. Order will further the functional date of the Report and Order. Costs Recognizing that Internet-based TRS equivalency of TRS mandated in Title submitted must be for those costs providers and the neutral third-party IV of the Americans with Disabilities actually incurred during the prior three- administrator discussed above will Act. The Commission finds that month period. The TRS Fund require time to implement the Report utilization of NANP numbers will Administrator, and the Commission, and Order, the Commission requires, achieve the goal of making Internet- shall review submitted costs and may consistent with the Interim Emergency based TRS functionally equivalent to request supporting documentation to Call Handling Order, that the ten-digit traditional circuit switched telephony, verify the expenses claimed, and may numbering plan be implemented such and will provide Internet-based TRS also disallow unreasonable costs. The that ten-digit numbers are available to users a reliable and consistent means by Commission will permit such filings end users no later than December 31, which they may receive calls from voice until such time as new compensation 2008. In order to ensure this deadline is telephone users in the same way that rates are adopted that include the costs met, the Commission authorizes the voice telephone users are called. of complying with the requirements Managing Director to include in the 45. Under the Report and Order, each adopted herein, or the Commission neutral third-party administration Internet-based TRS provider must otherwise re-addresses this issue. contract such benchmarks as are provide Internet-based TRS users with 39. Submitted costs may include necessary to meet the implementation the capability to register with that those additional costs incurred by a deadline. provider as a ‘‘default’’ provider. Upon provider that directly relate to: (1) 42. As a further means of ensuring a user’s registration, each provider must Ensuring that database information is that the Commission’s implementation either facilitate the user’s valid number properly and timely updated and deadline is met, and recognizing that portability request or, if the user does maintained; (2) processing and detailed implementation issues must be not wish to port a number, assign that transmitting calls made to ten-digit finalized prior to the implementation user a geographically appropriate NANP numbers assigned pursuant to the deadline, the Commission hereby telephone number. Each provider also Report and Order; (3) routing emergency directs the Managing Director to include must route and deliver all of its calls to an appropriate PSAP; (4) other in the neutral third-party administration Registered Internet-based TRS users’ implementation related tasks directly contract the requirement to refer all inbound and outbound calls unless the related to facilitating ten-digit implementation disputes that it is user chooses to place a call with, or numbering and emergency call unable to resolve in a reasonable time to receives a call from, an alternate handling; and (5) consumer outreach the Chief, Wireline Competition Bureau. provider. Further, the Report and Order

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requires Internet-based TRS providers to burdens on providers, including small 154(j), 225, 251, and 303(r), the Report obtain from each of their Registered entities. For all of these reasons, the and Order is adopted. Internet-based TRS users, prior to the Commission concludes that these Pursuant to sections 1, 2, 4(i), 4(j), initiation of service, the physical measures will not have a significant 225, 251, and 303(r) of the location at which the service will first economic impact on a substantial Communications Act of 1934, as be utilized. In addition, providers of number of small entities, because each amended, 47 U.S.C. 151, 152, 154(i), Internet-based TRS that can be utilized small business will receive financial 154(j), 225, 251, and 303(r), parts 52 and from more than one physical location compensation for reasonable costs 64 of the Commission’s rules, 47 CFR must provide the registered user one or incurred rather than absorb an parts 52 and 64, are amended. more methods of updating the user’s uncompensated financial loss or The Report and Order shall be physical location. As noted in the hardship. effective August 18, 2008 and all Report and Order, the numbering 48. With regard to whether a requirements set forth in the Report and system adopted will enable individuals substantial number of small entities Order must be implemented by with hearing and speech disabilities may be affected by the requirements December 31, 2008, except for the using Internet-based TRS access to adopted in the Report and Order, the information collections, which require emergency services. Commission notes that, of the 11 approval by OMB under the PRA and 46. Specifically, the Report and Order providers affected by the Report and which shall become effective after the is intended to ensure that emergency Order, only three meet the definition of Commission publishes a notice in the calls placed by Internet-based TRS users a small entity. The SBA has developed Federal Register announcing such will be routed directly and a small business size standard for Wired approval and the relevant effective automatically to the appropriate Telecommunications Carriers, which date(s). emergency services authorities by consists of all such firms having 1,500 The Commission’s Consumer and Internet-based TRS providers. The or fewer employees. 13 CFR 121.201, Commission also requires each Internet- Governmental Affairs Bureau, Reference NAICS code 517110. Currently, eleven Information Center, SHALL SEND a based TRS provider to include an providers receive compensation from advisory on its Web site and in any copy of the Report and Order, including the Interstate TRS Fund for providing the Final Regulatory Flexibility promotional materials addressing the VRS, IP Relay and IP CTS: AT&T Corp.; new requirements adopted in the Report Certification, to the Chief Counsel for CSDVRS; CAC; GoAmerica; Hamilton Advocacy of the Small Business and Order. Providers must obtain and Relay, Inc.; Hands On; Healinc; Nordia keep a record of affirmative Administration. Inc.; Snap Telecommunications, Inc; acknowledgement by every user Sorenson; and Sprint. Because only List of Subjects in 47 CFR Parts 52 and assigned a number of having received three of the providers affected by the 64 and understood this advisory. The Report and Order are deemed to be Commission also states its belief that Individuals with disabilities, small entities under the SBA’s small instituting a numbering system and a Reporting and recordkeeping business size standard, the Commission Registered Location requirement, as requirements, Telecommunications. concludes that the number of small provided in the Report and Order, will Federal Communications Commission. entities affected by the Commission’s reduce the misuse of IP Relay by decision in the Report and Order is not William F. Caton, persons seeking to use this service for Deputy Secretary. fraudulent purposes. Finally, the Report substantial. Moreover, given that all and Order concludes that providers will affected providers, including the three Rule Changes be compensated from the Interstate TRS that are deemed to be small entities I For the reasons discussed in the Fund for their reasonable actual costs of under the SBA’s standard, will be preamble, the Federal Communications complying with the new rules adopted entitled to receive prompt Commission amends 47 CFR parts 52 therein. reimbursement for their reasonable costs 47. To the extent that all Internet- of compliance, the Commission and 64 to read as follows: concludes that the Report and Order based TRS providers, including small PART 52—NUMBERING entities, will be eligible to receive will not have a significant economic compensation from the Interstate TRS impact on these small entities. I 1. The authority citation for part 52 Fund for their reasonable costs of 49. Therefore, for all of the reasons continues to read as follows: complying with these numbering and stated above, the Commission certifies that the requirements of the Report and Authority: Secs. 1, 2, 4, 5, 48 Stat. 1066, Registered Location requirements, the as amended; 47 U.S.C. 151, 152, 154 and 155 Commission finds that these Order will not have a significant unless otherwise noted. Interpret or apply requirements will not have a significant economic impact on a substantial secs. 3, 4, 201–05, 207–09, 218, 225–27, 251– economic impact on a substantial number of small entities. 52, 271 and 332, 48 Stat. 1070, as amended, number of small entities. Further, the Congressional Review Act 1077; 47 U.S.C. 153, 154, 201–05, 207–09, Commission believes that allowing 218, 225–27, 251–52, 271 and 332 unless providers until December 31, 2008, to The Commission will send a copy of otherwise noted. implement the ten-digit numbering plan the Report and Order in a report to be I 2. Section 52.21 is amended by: adopted in the Report and Order is a sent to Congress and the Government I reasonable timeframe for both large and Accountability Office pursuant to the a. Redesignating paragraphs (o) small providers. The Commission also Congressional Review Act, see 5 U.S.C. through (s) as paragraphs (q) through authorizes the Managing Director to 801(a)(1)(A). (u); include in the third-party administrator I b. Redesignating paragraphs (i) Ordering Clauses contract the requirement to refer all through (n) as paragraphs (j) through (o); implementation disputes that it is Pursuant to sections 1, 2, 4(i), 4(j), and unable to resolve in a reasonable time to 225, 251, and 303(r) of the I c. Adding new paragraphs (i), (p), and the Chief of the Wireline Competition Communications Act of 1934, as (v). Bureau for resolution, which will ease amended, 47 U.S.C. 151, 152, 154(i), The additions read as follows:

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§ 52.21 Definitions. I e. Redesignating paragraph (a)(10) as (15) Numbering Partner. Any entity * * * * * paragraph (a)(14); with which an Internet-based TRS (i) The term IP Relay provider means I f. Redesignating paragraphs (a)(3) provider has entered into a commercial an entity that provides IP Relay as through (a)(9) as paragraphs (a)(4) arrangement to obtain North American defined by 47 CFR 64.601. through (a)(10); and Numbering Plan telephone numbers. * * * * * I g. Revising paragraph (a) introductory * * * * * (p) The term Registered Internet-based text and adding new paragraphs (a)(3), (17) Registered Location. The most TRS User has the meaning set forth in (a)(11) through (a)(13), (a)(15), (a)(17), recent information obtained by a VRS or 47 CFR 64.601. (a)(18), (a)(24), and (a)(25). IP Relay provider that identifies the * * * * * The revisions and additions read as physical location of an end user. (v) The term VRS provider means an follows: (18) Registered Internet-based TRS entity that provides VRS as defined by § 64.601 Definitions and provisions of User. An individual that has registered 47 CFR 64.601. general applicability. with a VRS or IP Relay provider as described in § 64.611 of this chapter. * * * * * * * * * * I 3. Section 52.34 is revised to read as (a) For purposes of this subpart, the * * * * * follows: terms Public Safety Answering Point (24) TRS Numbering Administrator. (PSAP), statewide default answering The neutral administrator of the TRS § 52.34 Obligations regarding local Numbering Directory selected based on number porting to and from interconnected point, and appropriate local emergency authority are defined in 47 CFR 64.3000; a competitive bidding process. VoIP or Internet-based TRS providers. (25) TRS Numbering Directory. The (a) An interconnected VoIP or VRS or the terms pseudo-ANI and Wireline E911 Network are defined in 47 CFR 9.3; database administered by the TRS IP Relay provider must facilitate an end- Numbering Administrator, the purpose user customer’s or a Registered Internet- the term affiliate is defined in 47 CFR 52.12(a)(1)(i), and the terms majority of which is to map each Registered based TRS User’s valid number Internet-based TRS User’s NANP portability request, as it is defined in and debt are defined in 47 CFR 52.12(a)(1)(ii). telephone number to his or her end this subpart, either to or from a device. telecommunications carrier or an * * * * * (3) ANI. For 911 systems, the * * * * * interconnected VoIP or VRS or IP Relay I provider. ‘‘Facilitate’’ is defined as the Automatic Number Identification (ANI) 6. Section 64.605 is revised to read as interconnected VoIP or VRS or IP Relay identifies the calling party and may be follows: provider’s affirmative legal obligation to used as the callback number. § 64.605 Emergency Calling Requirements. take all steps necessary to initiate or * * * * * (a) Additional Emergency Calling allow a port-in or port-out itself or (11) Internet-based TRS. A Requirements Applicable to Internet- through the telecommunications telecommunications relay service (TRS) based TRS Providers. carriers, if any, that it relies on to obtain in which an individual with a hearing (1) As of December 31, 2008, the numbering resources, subject to a valid or a speech disability connects to a TRS requirements of paragraphs (a)(2)(i) and port request, without unreasonable communications assistant using an (a)(2)(iv) of this section shall not apply delay or unreasonable procedures that Internet Protocol-enabled device via the to providers of VRS and IP Relay. have the effect of delaying or denying Internet, rather than the public switched (2) Each provider of Internet-based porting of the NANP-based telephone telephone network. Internet-based TRS TRS shall: number. does not include the use of a text (i) Accept and handle emergency calls (b) An interconnected VoIP or VRS or telephone (TTY) over an interconnected and access, either directly or via a third IP Relay provider may not enter into any voice over Internet Protocol service. party, a commercially available database agreement that would prohibit an end- (12) Internet Protocol Captioned that will allow the provider to user customer or a Registered Internet- Telephone Service (IP CTS). A determine an appropriate PSAP, based TRS User from porting between telecommunications relay service that designated statewide default answering interconnected VoIP or VRS or IP Relay permits an individual who can speak point, or appropriate local emergency providers, or to or from a but who has difficulty hearing over the authority that corresponds to the caller’s telecommunications carrier. telephone to use a telephone and an location, and to relay the call to that Internet Protocol-enabled device via the PART 64—MISCELLANEOUS RULES entity; Internet to simultaneously listen to the (ii) Implement a system that ensures RELATING TO COMMON CARRIERS other party and read captions of what that the provider answers an incoming the other party is saying. With IP CTS, I 4. The authority citation for part 64 emergency call before other non- the connection carrying the captions continues to read as follows: emergency calls (i.e., prioritize between the relay service provider and emergency calls and move them to the Authority: 47 U.S.C. 154, 254(k); secs. the relay service user is via the Internet, top of the queue); 403(b)(2)(B), (c), Public Law 104–104, 110 rather than the public switched (iii) Request, at the beginning of each Stat. 56. Interpret or apply 47 U.S.C. 201, telephone network. 218, 222, 225, 226, 228, and 254(k) unless emergency call, the caller’s name and otherwise noted. (13) Internet Protocol Relay Service location information, unless the (IP Relay). A telecommunications relay I 5. Section 64.601 is amended by: Internet-based TRS provider already I a. Redesignating paragraphs (a)(18) service that permits an individual with has, or has access to, a Registered and (a)(19) as (a)(26) and (a)(27); a hearing or a speech disability to Location for the caller; I b. Redesignating paragraphs (a)(13) communicate in text using an Internet (iv) Deliver to the PSAP, designated through (a)(17) as paragraphs (a)(19) Protocol-enabled device via the Internet, statewide default answering point, or through (a)(23); rather than using a text telephone (TTY) appropriate local emergency authority, I c. Removing paragraph (a)(12); and the public switched telephone at the outset of the outbound leg of an I d. Redesignating paragraph (a)(11) as network. emergency call, at a minimum, the name paragraph (a)(16); * * * * * of the relay user and location of the

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emergency, as well as the name of the answering point, or appropriate local receives a call from, an alternate relay provider, the CA’s callback emergency authority from or through provider. number, and the CA’s identification the appropriate automatic location (b) Mandatory Registration of New number, thereby enabling the PSAP, information (ALI) database. Users. As of December 31, 2008, VRS designated statewide default answering (3) Service Level Obligation. and IP Relay providers must, prior to point, or appropriate local emergency Notwithstanding the provisions in the initiation of service for an authority to re-establish contact with the paragraph (b)(2) of this section, if a individual that has not previously CA in the event the call is disconnected; PSAP, designated statewide default utilized VRS or IP Relay, register that (v) In the event one or both legs of an answering point, or appropriate local new user as described in paragraph (a) emergency call are disconnected (i.e., emergency authority is not capable of of this section. either the call between the TRS user and receiving and processing either ANI or (c) Obligations of Default Providers the CA, or the outbound voice telephone location information, a VRS or IP Relay and Former Default Providers. call between the CA and the PSAP, provider need not provide such ANI or (1) Default providers must: designated statewide default answering location information; however, nothing (i) Obtain current routing information, point, or appropriate local emergency in this paragraph affects the obligation including IP addresses or domain names authority), immediately re-establish under paragraph (c) of this section of a and user names, from their Registered contact with the TRS user and/or the VRS or IP Relay provider to transmit via Internet-based TRS Users; appropriate PSAP, designated statewide the Wireline E911 Network all 911 calls (ii) Provision such information to the default answering point, or appropriate to the PSAP, designated statewide TRS Numbering Directory; and local emergency authority and resume default answering point, or appropriate (iii) Maintain such information in handling the call; and local emergency authority that serves their internal databases and in the TRS (vi) Ensure that information obtained the caller’s Registered Location and that Numbering Directory. as a result of this section is limited to has been designated for (2) Internet-based TRS providers (and, that needed to facilitate 911 services, is telecommunications carriers pursuant to to the extent necessary, their Numbering made available only to emergency call § 64.3001 of this chapter. Partners) must: handlers and emergency response or (4) Registered Location Requirement. (i) Take such steps as are necessary to law enforcement personnel, and is used As of December 31, 2008, VRS and IP cease acquiring routing information for the sole purpose of ascertaining a Relay providers must: from any VRS or IP Relay user that ports his or her number to another VRS or IP user’s location in an emergency (i) Obtain from each Registered Relay provider or otherwise selects a situation or for other emergency or law Internet-based TRS User, prior to the new default provider; enforcement purposes. initiation of service, the physical (ii) Communicate among themselves (b) E911 Service for VRS and IP Relay. location at which the service will first (1) Scope. The following requirements as necessary to ensure that: be utilized; and are only applicable to providers of VRS (A) Only the default provider (ii) If the VRS or IP Relay is capable or IP Relay. Further, the following provisions routing information to the of being used from more than one requirements apply only to 911 calls central database; and location, provide their Registered placed by users whose Registered (B) VRS and IP Relay providers other Internet-based TRS Users one or more Location is in a geographic area served than the default provider are aware that methods of updating their Registered by a Wireline E911 Network. they must query the TRS Numbering (2) E911 Service. As of December 31, Location, including at least one option Directory in order to obtain accurate 2008: that requires use only of the CPE routing information for a particular user (i) VRS or IP Relay providers must, as necessary to access the VRS or IP Relay. of VRS or IP Relay. a condition of providing service to a Any method utilized must allow a (d) Proxy Numbers. After December user, provide that user with E911 Registered Internet-based TRS User to 31, 2008, a VRS or IP Relay provider: service as described in this section; update the Registered Location at will (1) May not assign or issue a proxy or (ii) VRS or IP Relay providers must and in a timely manner. alias for a NANP telephone number to transmit all 911 calls, as well as ANI, I 7. Section 64.611 is added to read as any user; and the caller’s Registered Location, the follows: (2) Must cease to use any proxy or name of the VRS or IP Relay provider, alias for a NANP telephone number § 64.611 Internet-Based TRS Registration. and the CA’s identification number for assigned or issued to any Registered each call, to the PSAP, designated (a) Default Provider Registration. Internet-based TRS User. statewide default answering point, or Every provider of VRS or IP Relay must, (e) CPE. appropriate local emergency authority no later than December 31, 2008, (1) Every VRS or IP Relay provider that serves the caller’s Registered provide users with the capability to must ensure that all CPE they have Location and that has been designated register with that VRS or IP Relay issued, leased, or otherwise provided to for telecommunications carriers provider as a ‘‘default provider.’’ Upon VRS or IP Relay users delivers routing pursuant to § 64.3001 of this chapter, a user’s registration, the VRS or IP Relay information or other information only to provided that ‘‘all 911 calls’’ is defined provider shall: the user’s default provider, except as is as ‘‘any communication initiated by an (1) Either: necessary to complete or receive ‘‘dial VRS or IP Relay user dialing 911’’; (i) Facilitate the user’s valid number around’’ calls on a case-by-case basis. (iii) All 911 calls must be routed portability request as set forth in 47 CFR (2) All CPE issued, leased, or through the use of ANI and, if 52.34; or, if the user does not wish to otherwise provided to VRS or IP Relay necessary, pseudo-ANI, via the port a number, users by Internet-based TRS providers dedicated Wireline E911 Network; and (ii) Assign that user a geographically must be capable of facilitating the (iv) The Registered Location, the appropriate North American Numbering requirements of this section. name of the VRS or IP Relay provider, Plan telephone number; and (f) User Notification. Every VRS or IP and the CA’s identification number (2) Route and deliver all of that user’s Relay provider must include an must be available to the appropriate inbound and outbound calls unless the advisory on its website and in any PSAP, designated statewide default user chooses to place a call with, or promotional materials addressing

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numbering or E911 services for VRS or interest in the outcome of TRS-related NMFS Pacific Islands Region (PIR), 1601 IP Relay. numbering administration and Kapiolani Boulevard, Suite 1110, (1) At a minimum, the advisory must activities. Honolulu, HI 96814–4700, and to David address the following issues: (iv) Any subcontractor that performs Rostker, OMB, by e-mail to (i) The process by which VRS or IP any function of the TRS Numbering [email protected], or fax to Relay users may obtain ten-digit Administrator must also meet these 202–395–7285. telephone numbers, including a brief neutrality criteria. FOR FURTHER INFORMATION CONTACT: Bob summary of the numbering assignment (2) Terms of Administration. The TRS Harman, NMFS PIR, 808–944–2271. and administration processes adopted Numbering Administrator shall SUPPLEMENTARY INFORMATION: herein; administer the TRS Numbering (ii) The portability of ten-digit Directory pursuant to the terms of its Electronic Access telephone numbers assigned to VRS or contract. This Federal Register document is IP Relay users; (3) Compensation. The TRS Fund, as also accessible at the Office of the (iii) The process by which persons defined by 47 CFR 64.604(a)(5)(iii), may Federal Register: www.gpoaccess.gov/ using VRS or IP Relay may submit, compensate the TRS Numbering fr/. update, and confirm receipt by the Administrator for the reasonable costs of Background provider of their Registered Location administration pursuant to the terms of information; and its contract. A final rule for Amendment 14 was (iv) An explanation emphasizing the published in the Federal Register on importance of maintaining accurate, up- [FR Doc. E8–16260 Filed 7–17–08; 8:45 am] April 4, 2008 (73 FR 18450), and the to-date Registered Location information BILLING CODE 6712–01–P requirements of that final rule, other with the user’s default provider in the than the collection-of-information event that the individual places an requirements, were effective on April 1, emergency call via an Internet-based DEPARTMENT OF COMMERCE 2008. Because OMB approval of the relay service. collection-of-information requirements (2) VRS and IP Relay providers must National Oceanic and Atmospheric had not been received by the date that obtain and keep a record of affirmative Administration final rule was published, the effective acknowledgment by every Registered date of the associated permitting and Internet-based TRS User of having 50 CFR Part 665 reporting requirements in that rule was received and understood the advisory [Docket No. 071211828–8826–03] delayed. OMB approved the collection- described in this subsection. of-information requirements contained RIN 0648–AU22 I 8. Section 64.613 is added to read as in the final rule on July 3, 2008. follows: Fisheries in the Western Pacific; Accordingly, this final rule makes effective the collection-of-information § 64.613 Numbering Directory for Internet- Bottomfish and Seamount Groundfish; Permit and Reporting Requirements in requirements at §§ 665.13, 665.14, and based TRS Users. 665.61, which were amended in the the Main Hawaiian Islands (a) TRS Numbering Directory. April 4, 2008, final rule. (1) The TRS Numbering Directory AGENCY: National Marine Fisheries Classification shall contain records mapping the Service (NMFS), National Oceanic and NANP telephone number of each Atmospheric Administration (NOAA), This final rule has been determined to Registered Internet-based TRS User to a Commerce. be not significant for purposes of Executive Order 12866. unique Uniform Resource Identifier ACTION: Final rule; effectiveness of Notwithstanding any other provision (URI). collection-of-information requirements. (2) For each record associated with a of the law, no person is required to VRS user, the URI shall contain the SUMMARY: NMFS announces approval by respond to, and no person shall be user’s Internet Protocol (IP) address. For the Office of Management and Budget subject to penalty for failure to comply each record associated with an IP Relay (OMB) of collection-of-information with, a collection of information subject user, the URI shall contain the user’s requirements contained in regulations to the requirements of the Paperwork user name and domain name that can be implementing Amendment 14 to the Reduction Act (PRA), unless that subsequently resolved to reach the user. Fishery Management Plan for the collection of information displays a (3) Only the TRS Numbering Bottomfish and Seamount Groundfish currently valid OMB control number. Administrator and Internet-based TRS Fisheries of the Western Pacific Region. This final rule contains new providers may access the TRS The intent of this final rule is to inform collection-of-information requirements Numbering Directory. the public that the associated permitting subject to the PRA under OMB Control (b) Administration—(1) Neutrality. (i) and reporting requirements have been Number 0648–0577. The public The TRS Numbering Administrator approved by OMB. reporting burden for these requirements shall be a non-governmental entity that is estimated to be 20 minutes for a new DATES: The amendments to is impartial and not an affiliate of any permit application, two (2) hours for a §§ 665.13(f)(2) and (g), 665.14(a), and Internet-based TRS provider. permit appeal, and 20 minutes for 665.61(a), published at 73 FR 18450 (ii) Neither the TRS Numbering completing a fishing logbook each day. (April 4, 2008) have been approved by Administrator nor any affiliate may These estimates include time for OMB and are effective on August 18, issue a majority of its debt to, nor derive reviewing instructions, searching 2008. a majority of its revenues from, any existing data sources, gathering and Internet-based TRS provider. ADDRESSES: Written comments maintaining the data needed, and (iii) Nor may the TRS Numbering regarding the burden-hour estimates or completing and reviewing the collection Administrator nor any affiliate be other aspects of the collection-of- of information. Send comments unduly influenced, as determined by information requirements contained in regarding these burden estimates or any the North American Numbering this final rule may be submitted to other aspect of this data collection, Council, by parties with a vested William L. Robinson, Administrator, including suggestions for reducing the

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