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3194 Federal Register / Vol. 73, No.

12 / Thursday, January 17, 2008 / Rules and Regulations

because it approves a state rule Dated: November 23, 2007. EPA has determined that the submitted
implementing a Federal standard. Alexis Strauss, State Plan fully meets the CAMR
In reviewing SIP submissions, EPA’s Acting Regional Administrator, Region IX. requirements for Missouri.
role is to approve state choices, CAMR requires States to regulate
■ Part 52, chapter I, title 40 of the Code
provided that they meet the criteria of emissions of mercury (Hg) from large
of Federal Regulations is amended as
the Clean Air Act. In this context, in the coal-fired electric generating units
follows:
absence of a prior existing requirement (EGUs). CAMR establishes State budgets
for the State to use voluntary consensus PART 52—[AMENDED] for annual EGU Hg emissions and
standards (VCS), EPA has no authority requires States to submit State Plans to
to disapprove a SIP submission for ■ 1. The authority citation for part 52 ensure that annual EGU Hg emissions
failure to use VCS. It would thus be continues to read as follows: will not exceed the applicable State
inconsistent with applicable law for Authority: 42 U.S.C. 7401 et seq. budget. States have the flexibility to
EPA, when it reviews a SIP submission; choose which control measures to adopt
to use VCS in place of a SIP submission Subpart F—California to achieve the budgets, including
that otherwise satisfies the provisions of participating in the EPA-administered
the Clean Air Act. Thus, the ■ 2. Section 52.220 is amended by CAMR cap-and-trade program. In the
requirements of section 12(d) of the adding paragraph (c)(351)(i)(D) to read State Plan that EPA is approving today,
National Technology Transfer and as follows: Missouri has met the CAMR
Advancement Act of 1995 (15 U.S.C. § 52.220 Identification of plan. requirements by electing to participate
272 note) do not apply. This rule does in the EPA trading program.
* * * * *
not impose an information collection DATES: This rule is effective on February
(c) * * *
burden under the provisions of the (351) * * * 19, 2008.
Paperwork Reduction Act of 1995 (44 (i) * * * ADDRESSES: EPA has established a
U.S.C. 3501 et seq.). (D) Kern County Air Pollution Control docket for this action under Docket ID
The Congressional Review Act, 5 District. No. EPA–R07–OAR–2007–0943. All
U.S.C. section 801 et seq., as added by (1) Rule 404.1, adopted on April 18, documents in the docket are listed on
the Small Business Regulatory 1972 and amended on January 24, 2007. the http://www.regulations.gov Web
Enforcement Fairness Act of 1996, (i) Resolution No. 2007–001–01, site. Although listed in the index, some
generally provides that before a rule Reference No. Item 5, Adoption of information is not publicly available,
may take effect, the agency Amendments to Rules and Regulations i.e., CBI or other information whose
promulgating the rule must submit a of the Kern County Air Pollution disclosure is restricted by statute.
rule report, which includes a copy of Control District; to Wit: Rule 404.1. Certain other material, such as
the rule, to each House of the Congress (2) Rule 431, adopted on January 24, copyrighted material, is not placed on
and to the Comptroller General of the 2007 and amended on March 8, 2007. the Internet and will be publicly
United States. EPA will submit a report (i) Resolution No. 2007–003–03, available only in hard copy form.
containing this rule and other required Reference No. Item 3, Amendments to Publicly available docket materials are
information to the U.S. Senate, the U.S. Rules and Regulations of the Kern available either electronically through
House of Representatives, and the County Air Pollution Control District; http://www.regulations.gov or in hard
Comptroller General of the United To Wit: Rule 431 (Propellant copy at the Environmental Protection
States prior to publication of the rule in Combustion and Rocket Testing). Agency, Air Planning and Development
the Federal Register. A major rule * * * * * Branch, 901 North 5th Street, Kansas
cannot take effect until 60 days after it City, Kansas 66101. The Regional
[FR Doc. E8–161 Filed 1–16–08; 8:45 am]
is published in the Federal Register. Office’s official hours of business are
BILLING CODE 6560–50–P
This action is not a ‘‘major rule’’ as Monday through Friday, 8 to 4:30
defined by 5 U.S.C. section 804(2). excluding Federal holidays. The
Under section 307(b)(1) of the Clean interested persons wanting to examine
ENVIRONMENTAL PROTECTION
Air Act, petitions for judicial review of these documents should make an
AGENCY
this action must be filed in the United appointment with the office at least 24
States Court of Appeals for the 40 CFR Part 62 hours in advance.
appropriate circuit by March 17, 2008. FOR FURTHER INFORMATION CONTACT:
Filing a petition for reconsideration by [EPA–R07–OAR–2007–0943; FRL–8517–7]
Michael Jay at (913) 551–7460 or by
the Administrator of this final rule does Approval and Promulgation of State e-mail at jay.michael@epa.gov.
not affect the finality of this rule for the Plans for Designated Facilities and SUPPLEMENTARY INFORMATION:
purposes of judicial review nor does it Pollutants; Missouri; Clean Air
extend the time within which a petition Table of Contents
Mercury Rule
for judicial review may be filed, and I. What Action Is EPA Taking?
shall not postpone the effectiveness of AGENCY: Environmental Protection II. What Is the Regulatory History of CAMR?
such rule or action. This action may not Agency (EPA). III. What Are the General Requirements of
be challenged later in proceedings to CAMR State Plans?
ACTION: Final rule.
enforce its requirements. (See section IV. How Can States Comply With CAMR?
V. Analysis of Missouri’s CAMR State Plan
307(b)(2).) SUMMARY: EPA is taking final action to
Submittal
approve the State Plan submitted by A. State Budgets
List of Subjects in 40 CFR Part 52
Missouri on May 18, 2007, and revisions B. CAMR State Plan
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Environmental protection, Air submitted on September 6, 2007. The VI. Statutory and Executive Order Reviews
pollution control, Incorporation by plan addresses the requirements of
reference, Intergovernmental relations, EPA’s Clean Air Mercury Rule (CAMR), I. What Action Is EPA Taking?
Particulate matter, Reporting and promulgated on May 18, 2005, and EPA is taking final action to approve
recordkeeping requirements. subsequently revised on June 9, 2006. Missouri’s State Plan, submitted on May

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Federal Register / Vol. 73, No. 12 / Thursday, January 17, 2008 / Rules and Regulations 3195

18, 2007, and revisions submitted on participate in the EPA-administered chosen by the State. A State’s alternative
September 6, 2007. In its State Plan, cap-and-trade program; or (2) adopting allowance allocation provisions must
Missouri has met CAMR by requiring other coal-fired EGU control measures meet certain allocation timing
certain coal-fired EGUs to participate in of the respective State’s choosing and requirements and must ensure that total
the EPA-administered cap-and-trade demonstrating that such control allocations for each calendar year will
program addressing Hg emissions. EPA measures will result in compliance with not exceed the State’s annual EGU Hg
proposed to approve Missouri’s request the applicable State annual EGU Hg budget for that year.
to amend the State’s Plan on September budget.
27, 2007 (72 FR 54872). No comments Each State Plan must require coal- V. Analysis of Missouri’s CAMR State
were received. EPA is finalizing the fired EGUs to comply with the Plan Submittal
approval as proposed based on the monitoring, recordkeeping, and A. State Budgets
rationale stated in the proposal and in reporting provisions of 40 CFR part 75
concerning Hg mass emissions. Each In this action, EPA is taking final
this final action.
State Plan must also show that the State action to approve Missouri’s State Plan
II. What Is the Regulatory History of has the legal authority to adopt emission that adopts the annual EGU Hg budgets
CAMR? standards and compliance schedules established for the State in CAMR, i.e.,
CAMR was published by EPA on May necessary for attainment and 1.393 tons for EGU Hg emissions in
18, 2005 (70 FR 28606, ‘‘Standards of maintenance of the State’s annual EGU 2010–2017 and 0.55 tons for EGU Hg
Performance for New and Existing Hg budget and to require the owners emissions in 2018 and thereafter.
Stationary Sources: Electric Utility and operators of coal-fired EGUs in the Missouri’s State Plan sets these budgets
Steam Generating Units; Final Rule’’). In State to meet the monitoring, as the total amount of allowances
this rule, acting pursuant to its authority recordkeeping, and reporting available for allocation for each year
under section 111(d) of the Clean Air requirements of 40 CFR part 75. under the EPA-administered CAMR cap-
Act (CAA), 42 U.S.C. 7411(d), EPA and-trade program.
required that all States and the District IV. How Can States Comply With
CAMR? B. CAMR State Plan
of Columbia (all of which are referred to
herein as States) meet Statewide annual Each State Plan must impose control The Missouri State Plan requires coal-
budgets limiting Hg emissions from requirements that the State fired EGUs to participate in the EPA-
coal-fired EGUs (as defined in 40 CFR demonstrates will limit Statewide administered CAMR cap-and-trade
60.24(h)(8)) under CAA section 111(d). annual Hg emissions from new and program. The State Plan incorporates by
EPA required all States to submit State existing coal-fired EGUs to the amount reference the EPA model Hg trading rule
Plans with control measures that ensure of the State’s applicable annual EGU Hg but has adopted an alternative
that total, annual Hg emissions from the budget. States have the flexibility to allowance allocation methodology.
coal-fired EGUs located in the choose the type of EGU control States may establish in their State Plan
respective States do not exceed the measures they will use to meet the submissions a different Hg allowance
applicable statewide annual EGU requirements of CAMR. EPA anticipates allocation methodology that will be
mercury budget. Under CAMR, States that many States will choose to meet the used to allocate allowances to sources in
may implement and enforce these CAMR requirements by selecting an the States if certain requirements are
reduction requirements by participating option that requires EGUs to participate met concerning the timing of
in the EPA-administered cap-and-trade in the EPA-administered CAMR cap- submission of units’ allocations to the
program or by adopting any other and-trade program. EPA also anticipates Administrator for recordation and the
effective and enforceable control that many States may choose to control total amount of allowances allocated for
measures. Statewide annual Hg emissions for new each control period. In adopting
CAA section 111(d) requires States, and existing coal-fired EGUs through an alternative Hg allowance allocation
and along with CAA section 301(d) and alternative mechanism other than the methodologies, States have flexibility
the Tribal Air Rule (40 CFR part 49) EPA-administered CAMR cap-and-trade with regard to:
allows Tribes granted treatment as program. Each State that chooses an 1. The cost to recipients of the
States (TAS), to submit State Plans to alternative mechanism must include allowances, which may be distributed
EPA that implement and enforce the with its plan a demonstration that the for free or auctioned;
standards of performance. CAMR State Plan will ensure that the State will 2. The frequency of allocations;
explains what must be included in State meet its assigned State annual EGU Hg 3. The basis for allocating allowances,
Plans to address the requirements of emission budget. which may be distributed, for example,
CAA section 111(d). The State Plans A State submitting a State Plan that based on historical heat input or electric
were due to EPA by November 17, 2006. requires coal-fired EGUs to participate and thermal output; and
Under 40 CFR 60.27(b), the in the EPA-administered CAMR cap- 4. The use of allowance set-asides
Administrator will approve or and-trade program may either adopt and, if used, their size.
disapprove the State Plans. regulations that are substantively In Missouri’s alternative allowance
identical to the EPA model Hg trading methodology, Missouri has chosen to
III. What Are the General Requirements rule (40 CFR part 60, subpart HHHH) or distribute Hg allowances directly based
of CAMR State Plans? incorporate by reference the model rule. upon Table I in 10 CSR 10–6.368. The
CAMR establishes Statewide annual CAMR provides that States may only table permanently allocates to
EGU Hg emission budgets and is to be make limited changes from the model designated units the entirety of
implemented in two phases. The first rule if the States want to participate in Missouri’s mercury allowances for both
phase of reductions starts in 2010 and the EPA-administered trading program. phases of the program. Accordingly,
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continues through 2017. The second A State Plan may deviate from the Missouri has not provided allowances
phase of reductions starts in 2018 and model rule only by altering the for the establishment of set-aside
continues thereafter. CAMR requires allowance allocation provisions to accounts.
States to implement the budgets by provide for State-specific allocation of Missouri’s State Plan requires coal-
either: (1) Requiring coal-fired EGUs to Hg allowances using a methodology fired EGUs to comply with the

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3196 Federal Register / Vol. 73, No. 12 / Thursday, January 17, 2008 / Rules and Regulations

monitoring, recordkeeping, and This action also does not have with applicable law for EPA, when it
reporting provisions of 40 CFR part 75 Federalism implications because it does reviews a State Plan submission, to use
concerning Hg mass emissions. not have substantial direct effects on the VCS in place of a State Plan submission
Missouri’s State Plan also demonstrates States, on the relationship between the that otherwise satisfies the provisions of
that the State has the legal authority to national government and the States, or the CAA. Thus, the requirements of
adopt emission standards and on the distribution of power and section 12(d) of the National
compliance schedules necessary for responsibilities among the various Technology Transfer and Advancement
attainment and maintenance of the levels of government, as specified in Act of 1995 (15 U.S.C. 272 note) do not
State’s annual EGU Hg budget and to Executive Order 13132 (64 FR 43255, apply. This rule does not impose an
require the owners and operators of August 10, 1999). This action merely information collection burden under the
coal-fired EGUs in the State to meet the approves a State rule implementing a provisions of the Paperwork Reduction
monitoring, recordkeeping, and Federal standard. It does not alter the Act of 1995 (44 U.S.C. 3501, et seq.).
reporting requirements of 40 CFR part relationship or the distribution of power The Congressional Review Act, 5
75. Missouri cites Section 643.050 and and responsibilities established in the U.S.C. 801, et seq., as added by the
643.055 of the Missouri Air CAA. This action also is not subject to Small Business Regulatory Enforcement
Conservation Law, as containing the Executive Order 13045 ‘‘Protection of Fairness Act of 1996, generally provides
legal authority for the Missouri Air Children from Environmental Health that before a rule may take effect, the
Conservation Commission to adopt the Risks and Safety Risks’’ (62 FR 19885, agency promulgating the rule must
State’s rule that allows for Missouri’s April 23, 1997), because it approves a submit a rule report, which includes a
participation in the nationwide cap-and- State rule implementing a Federal copy of the rule, to each House of the
trade program. standard. Congress and to the Comptroller General
EPA’s review of Missouri’s State Plan Executive Order 12898, ‘‘Federal of the United States. EPA will submit a
has found that it meets the requirements Actions to Address Environmental
report containing this rule and other
of CAMR. As a result, EPA is taking Justice in Minority Populations and
required information to the U.S. Senate,
final action to approve Missouri’s State Low-Income Populations,’’ requires
the U.S. House of Representatives, and
Plan. Federal agencies to consider the impact
the Comptroller General of the United
of programs, policies, and activities on
VI. Statutory and Executive Order States prior to publication of the rule in
minority populations and low-income
Reviews the Federal Register. A major rule
populations. EPA guidance 1 states that
cannot take effect until 60 days after it
EPA is to assess whether minority or
Under Executive Order 12866 (58 FR is published in the Federal Register.
low-income populations face risk or a
51735, October 4, 1993), this action is This action is not a ‘‘major rule’’ as
rate of exposure to hazards that is
not a ‘‘significant regulatory action’’ and defined by 5 U.S.C. 804(2).
significant and that ‘‘appreciably
therefore is not subject to review by the Under section 307(b)(1) of the CAA,
exceed[s] or is likely to appreciably
Office of Management and Budget. For petitions for judicial review of this
exceed the risk or rate to the general
this reason, this action is also not action must be filed in the United States
population or to the appropriate
subject to Executive Order 13211, Court of Appeals for the appropriate
comparison group.’’ (EPA, 1998)
‘‘Actions Concerning Regulations That circuit by March 17, 2008. Filing a
Because this rule merely approves a
Significantly Affect Energy Supply, petition for reconsideration by the
state rule implementing the Federal
Distribution, or Use’’ (66 FR 28355, May standard established by CAMR, EPA Administrator of this final rule does not
22, 2001). This action merely approves lacks the discretionary authority to affect the finality of this rule for the
State law as meeting Federal modify today’s regulatory decision on purposes of judicial review nor does it
requirements and imposes no additional the basis of environmental justice extend the time within which a petition
requirements beyond those imposed by considerations. However, EPA has for judicial review may be filed, and
State law. Accordingly, the already considered the impact of CAMR, shall not postpone the effectiveness of
Administrator certifies that this rule including this Federal standard, on such rule or action. This action may not
would not have a significant economic minority and low-income populations. be challenged later in proceedings to
impact on a substantial number of small In the context of EPA’s CAMR enforce its requirements. (See section
entities under the Regulatory Flexibility published in the Federal Register on 307(b)(2).)
Act (5 U.S.C. 601 et seq.). Because this May 18, 2005, in accordance with
action approves pre-existing List of Subjects in Part 62
Executive Order 12898, the Agency has
requirements under State law and does considered whether CAMR may have Environmental protection, Air
not impose any additional enforceable disproportionate negative impacts on pollution control, Electric utilities,
duty beyond that required by State law, minority or low income populations and Intergovernmental relations, Mercury,
it does not contain any unfunded determined it would not. Reporting and recordkeeping
mandate or significantly or uniquely In reviewing State Plan submissions, requirements.
affect small governments, as described EPA’s role is to approve State choices, Dated: January 8, 2008.
in the Unfunded Mandates Reform Act provided that they meet the criteria of
of 1995 (Pub. L. 104–4). John B. Askew,
the CAA. In this context, in the absence
This action also does not have Tribal of a prior existing requirement for the Regional Administrator, Region 7.
implications because it would not have State to use voluntary consensus ■ Chapter I, title 40 of the Code of
a substantial direct effect on one or standards (VCS), EPA has no authority Federal Regulations is amended as
more Indian tribes, on the relationship to disapprove a State Plan for failure to follows:
between the Federal Government and use VCS. It would thus be inconsistent
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Indian tribes, or on the distribution of PART 62—[AMENDED]


power and responsibilities between the 1 U.S. Environmental Protection Agency, 1998.
Federal Government and Indian tribes, Guidance for Incorporating Environmental Justice ■ 1. The authority citation for part 62
Concerns in EPA’s NEPA Compliance Analyses. continues to read as follows:
as specified by Executive Order 13175 Office of Federal Activities, Washington, DC, April,
(65 FR 67249, November 9, 2000). 1998. Authority: 42 U.S.C. 7401, et seq.

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Subpart AA—Missouri requirements that have not been September 13, 2006. The full text of
approved by the Office of Management document FCC 07–186 and copies of
■ 2. Subpart AA is amended by adding and Budget (OMB). The Commission any subsequently filed documents in
an undesignated center heading and will publish a separate document in the this matter will be available for public
§ 62.6362 to read as follows: Federal Register announcing the inspection and copying during regular
Mercury Emissions From Coal-Fired effective date for the amendment and business hours at the FCC Reference
Electric Steam Generating Units information collection requirements. Information Center, Portals II, 445 12th
Interested parties (including the general Street, SW., Room CY–A257,
§ 62.6362 Identification of Plan. public, OMB, and other Federal Washington, DC 20554. Document FCC
(a) Identification of plan. Section agencies) that wish to submit written 07–186 and copies of subsequently filed
111(d) plan and associated State comments on the PRA information documents in this matter also may be
regulation 10 CSR 10–6.368, Control of collection requirements must do so on purchased from the Commission’s
Mercury Emissions From Electric or before March 17, 2008. duplicating contractor at Portals II, 445
Generating Units, as adopted in ADDRESSES: Interested parties may 12th Street, SW., Room CY–B402,
Missouri’s Code of State Regulations on submit PRA comments identified by Washington, DC 20554. Customers may
April 30, 2007. OMB Control Number 3060–0463, by contact the Commission’s duplicating
(b) Identification of sources. The plan any of the following methods: contractor at its Web site http://
applies to all new and existing mercury • Federal eRulemaking Portal: http:// www.bcpiweb.com or by calling 1–800–
budget units meeting the applicability www.regulations.gov. Follow the 378–3160. To request materials in
requirements in Missouri’s State rule 10 instructions for submitting comments. accessible formats for people with
CSR 10–6.368. • Federal Communications disabilities (Braille, large print,
(c) Effective date. The effective date Commission’s Web Site: http:// electronic files, audio format), send an
for the portion of the plan applicable to www.fcc.gov/cgb/ecfs/. Follow the e-mail to fcc504@fcc.gov or call the
mercury budget units as described in instructions for submitting comments. Consumer and Governmental Affairs
Missouri State rule 10 CSR 10–6.368 is • E-mail: Parties who choose to file Bureau at (202) 418–0530 (voice), (202)
February 19, 2008. by email should submit their comments 418–0432 (TTY). Document FCC 07–186
to PRA@fcc.gov. Please include CG can also be downloaded in Word or
[FR Doc. E8–807 Filed 1–16–08; 8:45 am] Portable Document Format (PDF) at:
Docket Number 03–123 and OMB
BILLING CODE 6560–50–P
Control Number 3060–0463 in the http://www.fcc.gov/cgb/dro/trs.html.
subject line of the message. Paperwork Reduction Act of 1995
• Mail: Parties who choose to file by Analysis
FEDERAL COMMUNICATIONS paper should submit their comments to
COMMISSION Cathy Williams, Federal Document FCC 07–186 contains
Communications Commission, Room 1– modified information collection
47 CFR Part 64 C823, 445 12th Street, SW., Washington, requirements subject to the PRA of
[CG Docket No. 03–123; FCC 07–186] DC 20554. 1995. It will be submitted to OMB for
FOR FURTHER INFORMATION CONTACT:
review under section 3507 of the PRA.
Telecommunications Relay Services Thomas Chandler, Consumer and OMB, the general public, and other
and Speech-to-Speech Services for Governmental Affairs Bureau, Disability Federal agencies are invited to comment
Individuals With Hearing and Speech Rights Office at (202) 418–1475 (voice), on the modified information collection
Disabilities requirements contained in this
(202) 418–0597 (TTY), or e-mail at
proceeding. Public and agency
AGENCY: Federal Communications Thomas.Chandler@fcc.gov. For
comments are due March 17, 2008. In
Commission. additional information concerning the
addition, the Commission notes
PRA information collection
ACTION: Final rule. pursuant to the Small Business
requirements contained in this
Paperwork Relief Act of 2002, Public
SUMMARY: In this document, the document, contact Cathy Williams at
Law 107–198, see 44 U.S.C. 3506 (c)(4),
Commission adopts new cost recovery (202) 418–2918, or via the Internet at
that the Commission previously sought
methodologies regarding compensation PRA@fcc.gov.
specific comment on how it may
for the provision of SUPPLEMENTARY INFORMATION: This is a ‘‘further reduce the information
Telecommunications Relay Services summary of the Commission’s collection burden for small business
(TRS) from the Interstate TRS Fund (the Telecommunications Relay Services and concerns with fewer than 25
Fund). Those cost recovery Speech-to-Speech Services for employees.’’
methodologies will result in fairer, more Individuals with Hearing and Speech
predictable rates that better reflect the Disabilities, Report and Order and Synopsis
actual costs and market realities of Declaratory Ruling (2007 TRS Cost 1. In the 2006 TRS Cost Recovery
providing TRS. The Commission also: Recovery Order), document FCC 07– FNPRM, the Commission sought
adopts new per-minute compensation 186, adopted October 26, 2007, and comment on four issues concerning the
rates for the various forms of TRS; released November 19, 2007, in CG compensation of relay providers from
clarifies the nature of certain cost Docket No. 03–123. Document FCC 07– the Fund. First, the Commission sought
categories and extent to which they are 186 addresses issues arising from the comment on the adoption of an
compensable from the Fund; reaffirms Commission’s Further Notice of alternative cost recovery methodology
the role that the TRS Advisory Council Proposed Rulemaking, for traditional TRS, STS services, and IP
is to play in the oversight of TRS; and Telecommunications Relay Services and Relay services based on the Multi-state
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announces its intent of additional and Speech-to-Speech Services for Average Rate Structure (MARS) plan,
more comprehensive auditing of TRS Individuals with Hearing and Speech under which the compensation rate
providers to ensure Fund integrity. Disabilities (2006 TRS Cost Recovery would be based on a weighted average
DATES: 47 CFR 64.604 (c)(5)(iii)(C) FNPRM), CG Docket No. 03–123, FCC of competitively bid intrastate rates. The
contains information collection 06–106, published at 71 FR 54009, Commission sought comment on

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