25860 Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Rules and Regulations

include regulations that have

‘‘substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government.’’ This final rule

directly regulates growers, food

processors, food handlers and food

retailers, not States. This action does not

alter the relationships or distribution of

power and responsibilities established

by Congress in the preemption

provisions of FFDCA section 408(n)(4).

V. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, 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: April 27, 2000.

James Jones,

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 180.414 is revised to read

as follows:

§ 180.414 Cyromazine; tolerances for

residues.

(a) General. (1) Tolerances are

established for residues of the

insecticide cyromazine (N-cyclopropyl1,3,5-triazine-2,4,6-triamine) in or on

the following raw agricultural

commodities:

Commodity Parts per million

Cattle, fat ........................ 0.05

Cattle, meat .................... 0.05

Cattle, meat byproduct ... 0.05

Cucurbit vegetables ........ 1.0

Eggs ................................ 0.25

Goats, fat ........................ 0.05

Goats, meat .................... 0.05

Goats, meat byproduct ... 0.05

Hogs, fat ......................... 0.05

Hogs, meat ..................... 0.05

Hogs, meat byproduct .... 0.05

Horses, fat ...................... 0.05

Horses, meat .................. 0.05

Horses, meat byproduct 0.05

Leafy vegetables (except

Brassica) ..................... 7.0

Lima beans ..................... 1.0

Mango1 ........................... 0.3

Milk ................................. 0.05

Mushrooms ..................... 1.0

Onion, dry bulb ............... 2.0

Onion, green ................... 0.1

Peppers .......................... 1.0

Potato ............................. 0.8

Poultry, fat (from chicken

layer hens and chicken

breeder hens only) ...... 0.05

Poultry, meat (from

chicken layer hens and

chicken breeder hens

only) ............................ 0.05

Poultry, meat byproduct

(from chicken layer

hens and chicken

breeder hens only) ...... 0.05

Sheep, fat ....................... 0.05

Sheep, meat ................... 0.05

Sheep, meat byproduct .. 0.05

Tomato ............................ 0.5

1There are no U.S. registrations on mango

as of May 4, 2000.

(2) The additive cyromazine (Ncyclopropyl-1,3,5-triazine-2,4,6-

triamine) may be safely used in

accordance with the following

prescribed conditions:

(i) It is used as a feed additive only

in feed for chicken layer hens and

chicken breeder hens at the rate of not

more than 0.01 pound of cyromazine

per ton of poultry feed.

(ii) It is used for control of flies in

manure of treated chicken layer hens

and chicken breeder hens.

(iii) Feeding of cyromazine-treated

feed must stop at least 3 days (72 hours)

before slaughter. If the feed is

formulated by any person other than the

end user, the formulator must inform

the end user, in writing, of the 3–day

(72 hours) preslaughter interval.

(iv) To ensure safe use of the additive,

the labeling of the pesticide formulation

containing the feed additive shall

conform to the labeling which is

registered by the U.S. Environmental

Protection Agency, and the additive

shall be used in accordance with this

registered labeling.

(v) Residues of cyromazine are not to

exceed 5.0 parts per million (ppm) in

poultry feed.

(b) Section 18 emergency exemptions.

[Reserved]

(c) Tolerances with regional

registrations. Tolerances with regional

registrations, as defined in 180.1(n), are

established for the residues of

cyromazine (N-cyclopropyl-1,3,5-

triazine-2,4,6-triamine) in or on the

following raw agricultural commodities:

Commodity Parts per million

Cabbage, Chinese .......... 3.0

Mustard, Chinese ........... 3.0

(d) Indirect or inadvertent residues.

Tolerances are established for the

indirect or inadvertent residues of

cyromazine (N-cyclopropyl-1,3,5-

triazine-2,4,6-triamine), in or on the raw

agricultural commodities when present

therein as a result of the application of

cyromazine to growing crops listed in

paragraph (a)(1) of this section.

Commodity Parts per million

Cotton, undelinted seed 0.1 ppm

Corn, sweet, (kernels

plus cob with husks removed) ........................ 0.5 ppm

Corn, sweet, forage ........ 0.5 ppm

Corn, sweet, stover ........ 0.5 ppm

Radish, root .................... 0.5 ppm

Radish, tops (leaves) ...... 0.5 ppm

[FR Doc. 00–11146 Filed 5–3–00; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300995; FRL–6554–9]

RIN 2070–AB78

Azoxystrobin: Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation increases the

tolerances for residues of azoxystrobin

(methyl) (E)-2-(2-(6-(2-

cyanophenoxy)pyrimidin-4-

yloxy)phenyl)-3-methoxyacrylate) and

its Z isomer (methyl(Z)-2-(2-(6-(2-

cyanophenoxy)pyrimidin-4-

yloxy)phenyl)-3-methoxyacrylate) in or

Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Rules and Regulations 25861

on pistachios from 0.01 part per million

(ppm) to 0.02 ppm and in or on tree

nuts from 0.01 ppm to 0.02 ppm. A final

rule establishing tolerances of

azoxystrobin and its Z isomer in or on

pistachios at 0.01 ppm and in or on tree

nuts at 0.01 ppm was published in the

Federal Register of March 17, 1999.

These were the tolerances that Zeneca

Ag Products had originally proposed in

pesticide petition number 7F4864.

Immediately following publication of

this final rule, EPA received telephone

comments from two parties indicating

that they believed that the pistachio and

tree nuts tolerances were too low,

considering the data submitted in

support of the tolerances and the use

directions on the label, and might lead

to adulterated commodities even when

the label use directions were accurately

followed. EPA agreed to revisit the

tolerances assigned to these

commodities, concluded that the

commenters were correct in their

concerns, and published a proposed

rule in the Federal Register of January

5, 2000, that made the proposal to

increase the tolerances for azoxystrobin

and its Z isomer in or on pistachios and

in or on tree nuts to 0.02 ppm. No

comments concerning the proposed rule

were received.

DATES: This regulation is effective May

4, 2000. Objections and requests for

hearings, identified by docket control

number OPP–300995, must be received

by EPA on or before July 3, 2000.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, in person, or by courier. Please

follow the detailed instructions for each

method as provided in Unit VI. of the

SUPPLEMENTARY INFORMATION: To ensure

proper receipt by EPA, your objections

and hearing requests must identify

docket control number OPP–300995 in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: By

mail: Cynthia Giles-Parker, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, Ariel Rios Bldg., 1200

Pennsylvania Ave., NW.,Washington,

DC 20460; telephone number: (703)

305–7740; and e-mail address: gilesparker.cynthia@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be affected by this action if

you are an agricultural producer, food

manufacturer, or pesticide

manufacturer. Potentially affected

categories and entities may include, but

are not limited to:

Categories NAICS

codes

Examples of

Potentially

Affected Entities

Industry 111 Crop Production

112 Animal production

311 Food manufacturing

32532 Pesticide

manufacturing

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in the table could also

be affected. The North American

Industrial Classification System

(NAICS) codes have been provided to

assist you and others in determining

whether or not this action might apply

to certain entities. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed under FOR FURTHER INFORMATION

CONTACT.

B. How Can I Get Additional

Information, Including Copies of this

Document and Other Related

Documents?

1. Electronically. You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations’’ and then look

up the entry for this document under

the ‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/.

2. In person. The Agency has

established an official record for this

action under docket control number

OPP–300995. The official record

consists of the documents specifically

referenced in this action, and other

information related to this action,

including any information claimed as

Confidential Business Information (CBI).

This official record includes the

documents that are physically located in

the docket, as well as the documents

that are referenced in those documents.

The public version of the official record

does not include any information

claimed as CBI. The public version of

the official record, which includes

printed, paper versions of any electronic

comments submitted during an

applicable comment period is available

for inspection in the Public Information

and Records Integrity Branch (PIRIB),

Rm. 119, Crystal Mall #2 1921 Jefferson

Davis Hwy., Arlington, VA, from 8:30

a.m. to 4 p.m., Monday through Friday,

excluding legal holidays. The PIRIB

telephone number is (703) 305–5805.

II. Background and Statutory Findings

In the Federal Register of March 17,

1999 (64 FR 113106) (FRL–6064–6),

EPA issued a final rule pursuant to

section 408(b)(2)(A)(i) of the Federal

Food, Drug, and Cosmetic Act (FFDCA),

21 U.S.C. 346a as amended by the Food

Quality Protection Act of 1996 (FQPA)

(Public Law 104–170) announcing the

establishment of tolerances for

azoxystrobin and its Z isomer on several

commodities, including pistachios at

0.01 ppm and tree nuts at 0.01 ppm, as

had been proposed by Zeneca Ag

Products, 1800 Concord Pike,

Wilmington, DE 19897 in tolerance

petition number 7F4864. This final rule

included a detailed discussion of the

risk assessment and of residue and other

considerations that lay behind EPA’s

decision to establish the tolerances.

Telephone comments were received

from two parties in California

immediately after publication of the

rule. In both cases, the parties believed

that the pistachio and tree nuts

tolerances were too low, considering the

data submitted in support of the

tolerances and the use directions on the

label, and might lead to adulterated

commodities even when the use

directions on the label were accurately

followed. EPA agreed to revisit the

tolerances assigned to these

commodities. If the commenter’s

comments were substantiated, a

reassessment of the risk from the use of

azoxystrobin would also be necessary.

The Agency has concluded that the

commenters’ concerns are justified and

that the appropriate tolerances for these

commodities are 0.02 ppm in or on

pistachios and 0.02 ppm in or on tree

nuts. There was a negligible increase in

the risk calculated for the use of

azoxystrobin as a result of the increases

in these two tolerances. Therefore, in

the Federal Register of January 5, 2000

(65 FR 425) (FRL–6393–1), a proposed

rule was issued, pursuant to section

408(b)(2)(A)(ii) of the FFDCA as

amended by the FQPA, announcing the

Agency’s intention to increase the

tolerances for azoxystrobin and its Z

isomer in or on pistachio nuts to 0.02

ppm and in or on tree nuts to 0.02 ppm.

There were no comments received in

response to the proposed rule.

25862 Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Rules and Regulations

The proposed rule requested that 40

CFR 180.507 be amended by increasing

the tolerances of the fungicide,

azoxystrobin and its Z isomer, in or on

pistachio nuts to 0.02 ppm and in or on

tree nuts to 0.02 ppm.

Section 408(b)(2)(A)(i) of the FFDCA

allows EPA to establish or leave in effect

a tolerance (the legal limit for a

pesticide chemical residue in or on a

food) only if EPA determines that the

tolerance is ‘‘safe.’’ Section

408(b)(2)(A)(ii) defines ‘‘safe’’ to mean

that ‘‘there is a reasonable certainty that

no harm will result from aggregate

exposure to the pesticide chemical

residue, including all anticipated

dietary exposures and all other

exposures for which there is reliable

information.’’ This includes exposure

through drinking water and in

residential settings, but does not include

occupational exposure. Section

408(b)(2)(C) requires EPA to give special

consideration to exposure of infants and

children to the pesticide chemical

residue in establishing a tolerance and

to ‘‘ensure that there is a reasonable

certainty that no harm will result to

infants and children from aggregate

exposure to the pesticide chemical

residue.’’

EPA performs a number of analyses to

determine the risks from aggregate

exposure to pesticide residues. For

further discussion of the regulatory

requirements of section 408 and a

complete description of the risk

assessment process, see the final rule on

Bifenthrin Pesticide Tolerances

November 26, 1997 (62 FR 62961) (FRL–

5754–7).

III. Aggregate Risk Assessment and

Determination of Safety

Consistent with section 408(b)(2)(D),

EPA has reviewed the available

scientific data and other relevant

information in support of this action.

EPA has sufficient data to assess the

hazards of and to make a determination

on aggregate exposure, consistent with

section 408(b)(2), for a tolerance for

azoxystrobin and its Z isomer in or on

pistachios at 0.02 parts per million

(ppm) and in or on tree nuts at 0.02

ppm. EPA’s assessment of the dietary

exposures and risks associated with

increasing the subject tolerances for

azoxystrobin and its Z isomer from 0.01

ppm to 0.02 ppm was performed in

essentially exactly the same way as was

the azoxystrobin risk assessment

contained in the azoxystrobin final rule

that was published in the Federal

Register of March 17, 1999, except that

where tolerance-level residues were

used in the analyses, in the first analysis

a tolerance value for azoxystrobin and

its Z isomer of 0.01 ppm was used for

pistachios and the same value was used

for tree nuts, while in the second

analysis, a tolerance value for

azoxystrobin and its Z isomer of 0.02

ppm was used for pistachios and a

tolerance value for azoxystrobin and its

Z isomer of 0.02 ppm was used for tree

nuts. The exposure/risk reassessment

lead to no change in the toxicological

profile or toxicological endpoints

compared to those in the azoxystrobin

final rule published on March 17, 1999.

The increases in the exposure and risk

estimates in the second analysis,

compared to those presented in the first

analysis, were so small (generally at the

fourth decimal place) that the risk

assessment values (rounded) that are

reported in the March 17, 1999 final

rule were not changed. Stated another

way, the risk increase resulting from

this final rule will be negligible.

IV. Other Considerations

No change in the discussions of

metabolism in plants and animals,

analytical enforcement methodology,

magnitude of residues, and international

residue limits, compared to the

discussions of those topics in the final

rule dated March 17, 1999, that

established azoxystrobin tolerances on a

number of commodities, including

pistachios and tree nuts, is needed.

V. Conclusion

Therefore, tolerances for the residues

of azoxystrobin and its Z isomer in or

on pistachios are increased from 0.01

ppm to 0.02 ppm and in or on tree nuts

are increased from 0.01 ppm to 0.02

ppm.

VI. Objections and Hearing Requests

Under section 408(g) of the FFDCA, as

amended by the FQPA, any person may

file an objection to any aspect of this

regulation and may also request a

hearing on those objections. EPA

procedural regulations which govern the

submission of objections and requests

for hearings appear in 40 CFR part 178.

Although the procedures in those

regulations require some modification to

reflect the amendments made to the

FFDCA by the FQPA of 1996, EPA will

continue to use those procedures, with

appropriate adjustments, until the

necessary modifications can be made.

The new section 408(g) provides

essentially the same process for persons

to ‘‘object’’ to a regulation for an

exemption from the requirement of a

tolerance issued by EPA under new

section 408(d), as was provided in the

old FFDCA sections 408 and 409.

However, the period for filing objections

is now 60 days, rather than 30 days.

A. What Do I Need to Do to File an

Objection or Request a Hearing?

You must file your objection or

request a hearing on this regulation in

accordance with the instructions

provided in this unit and in 40 CFR part

178. To ensure proper receipt by EPA,

you must identify docket control

number OPP–300995 in the subject line

on the first page of your submission. All

requests must be in writing, and must be

mailed or delivered to the Hearing Clerk

on or before July 3, 2000.

1. Filing the request. Your objection

must specify the specific provisions in

the regulation that you object to, and the

grounds for the objections (40 CFR

178.25). If a hearing is requested, the

objections must include a statement of

the factual issues(s) on which a hearing

is requested, the requestor’s contentions

on such issues, and a summary of any

evidence relied upon by the objector (40

CFR 178.27). Information submitted in

connection with an objection or hearing

request may be claimed confidential by

marking any part or all of that

information as CBI. Information so

marked will not be disclosed except in

accordance with procedures set forth in

40 CFR part 2. A copy of the

information that does not contain CBI

must be submitted for inclusion in the

public record. Information not marked

confidential may be disclosed publicly

by EPA without prior notice.

Mail your written request to: Office of

the Hearing Clerk (1900), Environmental

Protection Agency, Ariel Rios Bldg.,

1200 Pennsylvania Ave., NW.,

Washington, DC 20460. You may also

deliver your request to the Office of the

Hearing Clerk in Rm. M3708, Waterside

Mall, 401 M St., SW., Washington, DC

20460. The Office of the Hearing Clerk

is open from 8 a.m. to 4 p.m., Monday

through Friday, excluding legal

holidays. The telephone number for the

Office of the Hearing Clerk is (202) 260–

4865.

2. Tolerance fee payment. If you file

an objection or request a hearing, you

must also pay the fee prescribed by 40

CFR 180.33(i) or request a waiver of that

fee pursuant to 40 CFR 180.33(m). You

must mail the fee to: EPA Headquarters

Accounting Operations Branch, Office

of Pesticide Programs, P.O. Box

360277M, Pittsburgh, PA 15251. Please

identify the fee submission by labeling

it ‘‘Tolerance Petition Fees.’’

EPA is authorized to waive any fee

requirement ‘‘when in the judgement of

the Administrator such a waiver or

refund is equitable and not contrary to

the purpose of this subsection.’’ For

additional information regarding the

waiver of these fees, you may contact

Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Rules and Regulations 25863

James Tompkins by phone at (703) 305–

5697, by e-mail at

tompkins.jim@epa.gov, or by mailing a

request for information to Mr. Tompkins

at Registration Division (7505C), Office

of Pesticide Programs, Environmental

Protection Agency, Ariel Rios Bldg.,

1200 Pennsylvania Ave., NW.,

Washington, DC 20460.

If you would like to request a waiver

of the tolerance objection fees, you must

mail your request for such a waiver to:

James Hollins, Information Resources

and Services Division (7502C), Office of

Pesticide Programs, Environmental

Protection Agency, Ariel Rios Bldg.,

1200 Pennsylvania Ave., NW.,

Washington, DC 20460.

3. Copies for the Docket. In addition

to filing an objection or hearing request

with the Hearing Clerk as described in

Unit VI.A., you should also send a copy

of your request to the PIRIB for its

inclusion in the official record that is

described in Unit I.B.2. Mail your

copies, identified by docket control

number OPP–300995, to: Public

Information and Records Integrity

Branch, Information Resources and

Services Division (7502C), Office of

Pesticide Programs, Environmental

Protection Agency, Ariel Rios Bldg.,

1200 Pennsylvania Ave., NW.,

Washington, DC 20460. In person or by

courier, bring a copy to the location of

the PIRIB described in Unit I.B.2. You

may also send an electronic copy of

your request via e-mail to: oppdocket@epa.gov. Please use an ASCII

file format and avoid the use of special

characters and any form of encryption.

Copies of electronic objections and

hearing requests will also be accepted

on disks in WordPerfect 6.1/8.0 file

format or ASCII file format. Do not

include any CBI in your electronic copy.

You may also submit an electronic copy

of your request at many Federal

Depository Libraries.

B. When Will the Agency Grant a

Request for a Hearing?

A request for a hearing will be granted

if the Administrator determines that the

material submitted shows the following:

There is a genuine and substantial issue

of fact; there is a reasonable possibility

that available evidence identified by the

requestor would, if established resolve

one or more of such issues in favor of

the requestor, taking into account

uncontested claims or facts to the

contrary; and resolution of the factual

issues(s) in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

VII. Regulatory Assessment

Requirements

This final rule increases two

tolerances under FFDCA section 408(d)

in response to comments received

following publication of a final rule that

was itself a response to a petition

submitted to the Agency. The Office of

Management and Budget (OMB) has

exempted these types of actions from

review under Executive Order 12866,

entitled Regulatory Planning and

Review (58 FR 51735, October 4, 1993).

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., or 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). Nor does it require

any prior consultation as specified by

Executive Order 13084, entitled

Consultation and Coordination with

Indian Tribal Governments (63 FR

27655, May 19, 1998); special

considerations as required by Executive

Order 12898, entitled Federal Actions to

Address Environmental Justice in

Minority Populations and Low-Income

Populations (59 FR 7629, February 16,

1994), or require OMB review or any

Agency action under Executive Order

13045, entitled Protection of Children

from Environmental Health Risks and

Safety Risks (62 FR 19885, April 23,

1997). 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). Since

tolerances and exemptions that are

established on the basis of a petition

under FFDCA section 408(d), 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. In addition, the

Agency has determined that this action

will not have a substantial direct effect

on States, on the relationship between

the national government and the States,

or on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132, entitled

Federalism (64 FR 43255, August 10,

1999) Executive Order 13132 requires

EPA to develop an accountable process

to ensure ‘‘meaningful and timely input

by State and local officials in the

development of regulatory policies that

have federalism implications.’’ ‘‘Policies

that have federalism implications’’ is

defined in the Executive Order to

include regulations that have

‘‘substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government.’’ This final rule

directly regulates growers, food

processors, food handlers and food

retailers, not States. This action does not

alter the relationships or distribution of

power and responsibilities established

by Congress in the preemption

provisions of FFDCA section 408(n)(4).

VIII. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, 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: April 27, 2000.

James Jones,

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. In § 180.507, by revising the entries

for pistachios and tree nuts to the table

in paragraph (a)(1) to read as follows:

§ 180.507 Azoxystrobin; tolerances for

residues.

(a) General. (1) * * *

25864 Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Rules and Regulations

Commodity Parts per million

*******

Pistachios ... 0.02

*******

Tree nuts .... 0.02

*******

* * * * *

[FR Doc. 00–11145 Filed 5–3–00; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 54

[CC Docket Nos. 96–45, 97–21, and 98–171;

FCC 00–118]

Federal-State Joint Board on Universal

Service; Division Announces Release

of Revised Universal Worksheet, FCC

for 457

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document concerning

the Federal-State Joint Board on

Universal Service addresses challenges

filed by several parties of the

Commission’s decision to include in the

universal service contribution base

those charges identified by carriers on

end-user bills as recovering state or

federal universal service contributions.

The Commission denies the parties’

challenges.

DATES: Effective May 4, 2000.

FOR FURTHER INFORMATION CONTACT: Jack

Zinman, Attorney, Common Carrier

Bureau, Accounting Policy Division,

(202) 418–7400.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s TwentyFirst Order on Reconsideration in CC

Docket No. 96–45, and Memorandum

Opinion and Order in CC Docket Nos.

96–45, 97–21, and 98–171; FCC 00–118,

released on April 11, 2000. The full text

of this document is available for public

inspection during regular business

hours in the FCC Reference Center,

Room CY–A257, 445 Twelfth Street,

SW, Washington, DC 20554.

Introduction

1. Several parties have challenged the

Commission’s decision to include in the

universal service contribution base

those charges identified by carriers on

end-user bills as recovering state or

federal universal service contributions.

As described, these challenges are

pending before the Commission at

various procedural stages. Because all of

the challenges concern the same issue,

we address them together in this order.

For the reasons that follow, we deny the

parties’ challenges.

II. Discussion

A. Alleged Procedural Violations

2. The Commission’s rules provide

that contributions to the universal

service support mechanisms shall be

based on ‘‘revenues derived from

domestic end users for

telecommunications or

telecommunications services.’’ The

parties claim that charges assessed on

end users to recover a carrier’s

contributions to state or federal

universal service support mechanisms

do not qualify as revenues derived from

telecommunications or

telecommunications services. Thus, the

parties assert that Line 48 on the 1998

Universal Service Worksheet (FCC Form

457), which treats universal service

charges as telecommunications

revenues, constitutes a new substantive

rule. Based on the assertion that Line 48

is a new substantive rule, the parties

further allege that APD committed two

procedural violations in adding Line 48

to the 1998 Worksheet. First, the parties

claim that APD exceeded the authority

delegated to the Bureau by adopting a

new substantive rule, which is a task

reserved to the Commission in Part 1,

Subpart C, of the Commission’s rules.

Second, the parties allege that APD

violated section 553 of the

Administrative Procedure Act (APA) by

adopting a new substantive rule without

an opportunity for notice and comment.

We disagree.

3. The parties have erred in their

underlying assertion that Line 48

constitutes a new substantive rule. In

the First Report and Order, 62 FR 32862

(June 17, 1997), released on May 8,

1997, the Commission decided to assess

contributions to the universal service

support mechanisms on

telecommunications revenues that

carriers derive from end users. The

Commission permitted carriers to

recover their universal service

contributions from their customers and

‘‘to specify that fact on customers’

bills,’’ e.g., through a line-item charge.

The Commission codified the

contribution requirement at

§ 54.709(a)(1) of its rules, which states

that contributions to the universal

service support mechanisms shall be

based on ‘‘revenues derived from

domestic end users for

telecommunications or

telecommunications services.’’ The 1996

Act defines telecommunications as ‘‘the

transmission, between or among points

specified by the user, of information of

the user’s choosing, without change in

the form or content of the information

sent and received.’’ The 1996 Act also

defines telecommunications services as

‘‘the offering of telecommunications for

a fee directly to the public * * *.’’ The

charge assessed on an end-user to

recover a carrier’s contributions to state

or federal universal service support

mechanisms is simply one part of the

carrier’s fee for the provision of

telecommunications to that end-user.

Although a carrier may choose to assess

a particular cost of providing

telecommunications or

telecommunications services separately

from other such costs, the carrier’s

choice does not change the nature of the

revenues received from the end-user.

Thus, carrier-imposed universal service

charges are, and always have been,

revenues derived from the provision of

telecommunications. As such, carrierimposed universal service charges are

part of the universal service

contributions base.

4. Moreover, we believe that the

parties misapprehend the nature of

carrier-imposed universal service

charges. Instead of forcing carriers to

recover their universal service

contributions through a mandatory

surcharge on their customers, the

Commission gave carriers the flexibility

to decide whether, how, and how much

to recover from their customers. For

example, carriers may recover their

universal service contributions by

raising their rates or by adding a

separate line-item universal service

charge to their customers’ bills. In either

event, the carrier is recovering its

contribution from its end-users. Merely

because the Commission allowed

carriers to identify a portion of their fees

as recovering the carriers’ universal

service contributions, the monies so

collected are not somehow rendered

non-telecommunications revenues.

Indeed, but for the provision of

telecommunications to its customers, a

carrier would not have a

telecommunications revenues, would

not be required to contribute to the

universal service support mechanisms,

and would not have any lawful basis to

assess a universal service charge on its

customers.

5. Because carrier-imposed universal

service charges are end-user

telecommunications revenues, the

addition of Line 48 on the 1998

Worksheet does not constitute a new

substantive rule. Rather, Line 48 is