47894 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations 

not subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Public Law 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: September 8, 2009. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.634 is amended as 

follows: 

a. By revising the introductory text of 

paragraph (a) and redesignating it as 

paragraph (a)(1). 

b. In the table to newly redesignated 

paragraph (a)(1) by revising the entries 

for corn, sweet, forage, and corn, sweet, 

stover, and by removing the entry for 

corn, sweet, kernel plus cob with husks 

removed. 

c. By adding paragraph (a)(2). 

The revised and added text reads as 

follows: 

§ 180.634 Tembotrione; tolerances for 

residues. 

(a) * * * (1) Tolerances are established 

for residues of the herbicide 

tembotrione, including its metabolites 

and degradates, in or on the 

commodities listed in the table to this 

paragraph. Compliance with the 

tolerance levels specified below is to be 

determined by measuring only the sum 

of tembotrione, 2-[2-chloro-4- 

(methylsulfonyl)-3-[(2,2,2- 

trifluoroethoxy)methyl]benzoyl]-1,3- 

cyclohexanedione and its metabolite, 2- 

[2-chloro-4-(methylsulfonyl)-3-[(2,2,2- 

trifluoroethoxy) methyl]benzoyl]-4,6- 

dihydroxy-1,3-cyclohexanedione, 

calculated as the stoichiometric 

equivalent of tembotrione, in or on the 

following commodities. 

Commodity Parts per million 

*****

Corn, sweet, forage ........ 0.35 

Corn, sweet, stover ........ 0.60 

*****

(2) Tolerances are established for 

residues of the herbicide tembotrione, 

including its metabolites and 

degradates, in or on the commodities 

listed in the table to this paragraph. 

Compliance with the tolerance levels 

specified below is to be determined by 

measuring only tembotrione, 2-[2- 

chloro-4-(methylsulfonyl)-3-[(2,2,2- 

trifluoroethoxy)methyl]benzoyl]-1,3- 

cyclohexanedione in or on the following 

commodities. 

Commodity Parts per million 

Corn, sweet, kernel plus 

cob with husks removed ......................... 0.01 

* * * * * 

[FR Doc. E9–22519 Filed 9–17–09; 8:45 am] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket 03–123 and WC Docket No. 05– 

196; DA 09–1323] 

Telecommunications Relay Services 

and Speech-to-Speech Services for 

Individuals With Hearing and Speech 

Disabilities; E911 Requirements for IPEnabled Service Providers 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; extension of 

deadline. 

SUMMARY: In this document, the 

Commission via the Consumer and 

Governmental Affairs Bureau (Bureau) 

extends the registration deadline 

established in the Telecommunications 

Relay Services and Speech-to-Speech 

Services for Individuals with Hearing 

and Speech Disabilities; E911 

Requirements for IP-Enabled Service 

Providers, Second Report and Order and 

Order on Reconsideration (Second 

Internet-based TRS Order), during 

which Internet-based 

Telecommunications Relay Service 

(TRS) providers may continue to 

complete the non-emergency calls of 

unregistered users. This action is 

necessary because extending the 

deadline will ensure a more orderly 

transition to ten-digit numbering for 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations 47895 

users of Internet-based TRS by allowing 

for additional time for outreach and 

educational activities, as well as time to 

address any unresolved technical issues 

associated with the transition. 

DATES: Document DA 09–1323 became 

effective on June 15, 2009. The 

registration deadline for Internet-based 

TRS providers is extended until 

November 12, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Chandler, Consumer and 

Governmental Affairs Bureau, Disability 

Rights Office at (202) 418–1475 (voice), 

(202) 418–0597 (TTY), or e-mail 

Thomas.Chandler@fcc.gov. 

SUPPLEMENTARY INFORMATION: On 

December 19, 2008, the Commission 

released Telecommunications Relay 

Services and Speech-to-Speech Services 

for Individuals with Hearing and Speech 

Disabilities; E911 Requirements for IP– 

Enabled Service Providers, CG Docket 

No. 03–123 and WC Docket No. 05–196, 

Second Internet-based TRS Order, 

published at 73 FR 79683, December 30, 

2008, providing existing users of 

Internet-based TRS a three-month 

registration period followed by a threemonth permissive calling period which 

is scheduled to end on June 30, 2009. 

This is a summary of document DA 09– 

1323, adopted and released June 15, 

2009. 

The full text of document DA 09–1323 

and copies of any subsequently filed 

documents in this matter will be 

available for public inspection and 

copying during regular business hours 

at the FCC Reference Information 

Center, Portals II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554. 

Document DA 09–1323 and copies of 

subsequently filed documents in this 

matter may also be purchased from the 

Commission’s duplicating contractor at 

Portals II, 445 12th Street SW., Room 

CY–B402, Washington, DC 20554. 

Customers may contact the 

Commission’s duplicating contractor at 

its Web site http://www.bcpiweb.com or 

by calling 1–800–378–3160. To request 

materials in accessible formats for 

people with disabilities (Braille, large 

print, electronic files, audio format), 

send an e-mail to fcc504@fcc.gov or call 

the Consumer and Governmental Affairs 

Bureau at (202) 418–0530 (voice) or 

(202) 418–0432 (TTY). Document DA 

09–1323 can also be downloaded in 

Word and Portable Document Format 

(PDF) at http://www.fcc.gov/cgb/dro/ 

trs.html#orders. 

Synopsis 

Background 

1. In the First Internet-based TRS 

Order, the Commission adopted 

emergency call handling requirements 

for Internet-based TRS, specifically 

Video Relay Service (VRS) and Internet 

Protocol (IP) Relay, as well as a system 

for assigning users of VRS and IP Relay 

ten-digit numbers linked to the North 

American Numbering Plan (NANP). 

Telecommunications Relay Services and 

Speech-to-Speech Services for 

Individuals with Hearing and Speech 

Disabilities, CG Docket No. 03–123; 

E911 Requirements for IP-Enabled 

Service Providers, WC Docket No. 05– 

196, Report and Order and Further 

Notice of Proposed Rulemaking, 23 FCC 

Rcd 11591 (June 24, 2008) (First 

Internet-based TRS Order); published at 

73 FR 41286, July 18, 2008. The Bureau 

uses the term, ‘‘Internet-based TRS,’’ 

herein to refer to both VRS and IP Relay, 

unless otherwise specified. See 47 CFR 

601(a)(11), (13), (21), and (26) of the 

Commission’s rules (defining various 

forms of TRS). Although IP captioned 

telephone service (IP CTS) is also an 

Internet-based form of TRS, as noted in 

the First Internet-based TRS Order, the 

Commission has determined to address 

any issues relating to IP CTS, if 

appropriate, in a separate order because 

IP CTS raises distinct technical and 

regulatory issues. See First Internetbased TRS Order, 23 FCC Rcd at 11592, 

paragraph 1, note 5 (deferring action on 

IP CTS), see also 23 FCC Rcd at 11594, 

note 15 (describing captioned telephone 

service and IP CTS). 

2. The Commission required Internetbased TRS providers to offer individuals 

using their service the capability to 

register with a ‘‘default provider,’’ and 

to begin assigning ten-digit, NANP 

telephone numbers to their registered 

users no later than December 31, 2008. 

The Commission explained that 

mandatory registration and the 

assignment of NANP telephone numbers 

would yield important benefits, 

including facilitating the effective 

provision of 911 service. The 

Commission required Internet-based 

TRS providers to obtain registration 

information from all new users and to 

assign all new users a NANP telephone 

number. See 47 CFR 64.611(b) of the 

Commission’s rules (requiring 

mandatory registration of new users). 

The Commission defined a ‘‘new’’ user 

as an individual who ‘‘has not 

previously utilized VRS or IP Relay[.]’’ 

Existing users would also have to be 

registered. Recognizing that not every 

existing Internet-based TRS user would 

immediately register with a default 

provider, however, the Commission 

decided to implement a longer 

registration period for the existing base 

of users to migrate to the new ten-digit 

numbering plan. 

3. In the Second Internet-based TRS 

Order, the Commission provided 

existing users a three-month 

‘‘registration period’’ followed by a 

three-month ‘‘permissive calling 

period’’ which is scheduled to end on 

June 30, 2009. During the permissive 

calling period, Internet-based TRS 

providers may continue to carry nonemergency calls for unregistered users. 

At the conclusion of the permissive 

calling period, however, providers must 

register any unregistered user before 

completing a non-emergency VRS or IP 

Relay call. 

4. On April 29, 2009, a group 

representing a majority of the Internetbased TRS providers filed the Joint 

Petition seeking to postpone the June 

30, 2009, Internet-based TRS 

registration deadline. See Petition to 

Extend Relay Registration Deadline, CG 

Docket No. 03–123 and WC Docket No. 

05–196 (filed April 29, 2009) (Joint 

Petition). The Joint Petition was filed by 

AT&T, Inc. CAC, CSDVRS, LLC, 

Hamilton Relay, Inc., Purple 

Communications, Inc., Snap 

Telecommunications, Inc., Sprint Nextel 

Corporation, and Viable, Inc. Asserting 

that a large percentage of existing 

Internet-based TRS users remain 

unregistered due to consumer 

confusion, the petitioners urge the 

Commission to extend the deadline 

‘‘indefinitely’’ until certain milestones 

are adequately satisfied. Joint Petition at 

9. Although ‘‘reluctant to suggest the 

exact deadline,’’ the petitioners 

suggested a ‘‘goal’’ of December 31, 

2009. Joint Petition at 9. 

5. The petitioners identify four 

‘‘milestones’’ they believe should be 

achieved before the permissive calling 

period is allowed to end: (1) 

Implementation of a reverse look-up 

function that would automatically verify 

whether a caller is registered; (2) 

implementation of ‘‘an extensive public 

education and outreach campaign;’’ (3) 

resolution of concerns about the 

assignment of geographically 

appropriate phone numbers; and (4) 

resolution of equipment portability 

issues. Joint Petition at 10–11. 

6. Sorenson Communications, Inc., 

filed an ex parte letter in response to the 

Joint Petition. See Letter from Gil M. 

Strobel, Sorenson Communications, 

Inc., to Marlene H. Dortch (dated May 

12, 2009). While Sorenson does not 

expressly ask the Commission to deny 

the petition, Sorenson does express the 

view that an extension is not needed, 

and states its concern about the openended nature of the petitioners’ request. 


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47896 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Rules and Regulations 

Discussion 

7. The Bureau finds good cause to 

extend the June 30, 2009 registration 

deadline established in the Second 

Internet-based TRS Order and, 

therefore, the Bureau extends until 

November 12, 2009, the date after which 

VRS and IP Relay providers must stop 

completing non-emergency calls for 

unregistered users. The Bureau 

concludes that extending the deadline 

will ensure a more orderly transition to 

ten-digit numbering for users of 

Internet-based TRS. In particular, the 

Bureau is concerned that, despite the 

outreach and consumer education 

efforts already undertaken by the 

Commission and the Internet-based TRS 

providers, many users may remain 

uncertain about how the ten-digit 

numbering and E911 requirements will 

affect their use of Internet-based TRS 

and their rights and responsibilities 

under the new rules. See, e.g., Joint 

Petition at 6–9 (discussing several areas 

of customer confusion concerning the 

use of toll-free numbers, equipment and 

number porting, and misconceptions 

about the use of a single number for 

multiple services). 

8. In addition, the Bureau has 

received recent data from some 

providers indicating that a majority of 

calls presently handled are not being 

made via a new ten-digit number. See, 

e.g., CSDVRS Ex parte letter, CG Docket 

No. 03–123 (June 11, 2009); Hamilton 

Relay, Inc. Ex parte letter, CG Docket 

No. 03–123, WC Docket No. 05–196 

(June 11, 2009). Extending the end of 

the permissive calling period until 

November 12, 2009 will enable the 

Commission, as well as the providers, to 

conduct additional outreach and 

education addressing particular 

consumer concerns associated with the 

transition to ten-digit numbering for 

Internet-based TRS. And to the extent 

that there are technical concerns, as 

petitioners suggest, this additional time 

will allow them to be addressed. 

9. The Bureau is not, however, 

persuaded that it should extend the June 

30th deadline indefinitely, as 

petitioners request. As Sorenson notes 

in its ex parte filing, registering users for 

ten-digit numbers ‘‘is critical for public 

safety.’’ Sorenson Letter (May 12, 2009) 

at 4. In the Second Internet-Based TRS 

Order, the Commission found that 

‘‘mandatory registration is critical to the 

effective handling of 911 calls.’’ An 

indefinite delay in implementation 

would come at the expense of enhanced 

emergency services for Internet-based 

TRS users. The Bureau believes that the 

extension granted here reasonably 

balances the concerns raised in the Joint 

Petition against the public safety 

implications of further delay. 

Ordering Clauses 

Pursuant to the authority contained in 

sections 4(i) and 225 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 225, and 

§§ 0.141, 0.361, and 1.3 of the 

Commission’s rules, 47 CFR 0.141, 

0.361, 1.3, document DA 09–1323 is 

adopted. 

The June 30, 2009 Internet-based TRS 

registration deadline is extended until 

November 12, 2009. The Petition to 

Extend Relay Registration Deadline, 

filed by AT&T, Inc., CAC, CSDVRS, 

LLC, Hamilton Relay, Inc., Purple 

Communications, Inc., Snap 

Telecommunications, Inc., Sprint Nextel 

Corporation, and Viable, Inc. on April 

29, 2009 is granted, in part, and denied, 

in part, to the extent described herein. 

Federal Communications Commission. 

Mark Stone, 

Deputy Chief, Consumer and Governmental 

Affairs Bureau. 

[FR Doc. E9–22319 Filed 9–17–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 08–1840; MB Docket No. 08–227; RM– 

11493] 

Radio Broadcasting Services; 

Batesville, Texas 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Audio Division grants a 

Petition for Rule Making issued at the 

request of Katherine Pyeatt, proposing 

the allotment of Channel 250A at 

Batesville, Texas, as its first local 

service. Channel 250A at Batesville can 

be allotted, consistent with the 

minimum distance separation 

requirements of the Commission’s Rules 

with the imposition of a site restriction 

located 11.4 kilometers (7.1 miles) east 

of the community at reference 

coordinates 28–58–27 NL and 99–30–12 

WL. 

DATES: Effective October 5, 2009. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 12th 

Street, SW, Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Rolanda F. Smith, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, MB Docket No. 08–227, 

adopted August 19, 2009, and released 

August 21, 2009. The Notice of 

Proposed Rule Making proposed the 

allotment of Channel 250A at Batesville, 

Texas. See 73 FR 76577, published 

December 17, 2008. The full text of this 

Commission document is available for 

inspection and copying during normal 

business hours in the Commission’s 

Reference Information Center (Room 

CY–A257), 445 12th Street, SW., 

Washington, DC. 20554. The complete 

text of this decision may also be 

purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., 445 12th Street, SW, 

Room CY–B402, Washington, DC 20554, 

telephone 800–378–3160 or via the 

company’s website, <http:// 

www.bcpiweb.com>. This document 

does not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

’’for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). The Commission will send a 

copy of this Report and Order in a 

report to be sent to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

■ As stated in the preamble, the Federal 

Communications Commission amends 

47 CFR part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.202 [Amended] 

■ 2. Section 73.202(b), the Table of FM 

Allotments under Texas, is amended by 

adding 

Batesville, Channel 250A. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief. 

[FR Doc. E9–22440 Filed 9–17–09; 8:45 am] 

BILLING CODE 6712–01–S 


sroberts on DSKD5P82C1PROD with RULES