Federal Register / Vol. 72, No. 15 / Wednesday, January 24, 2007 / Rules and Regulations 3079 

October 4, 1993). Because this rule has 

been exempted from review under 

Executive Order 12866 due to its lack of 

significance, this rule is not subject to 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001). 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 

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); or 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 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. 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 section 408(n)(4) of 

FFDCA. For these same reasons, the 

Agency has determined that this rule 

does not have any ‘‘tribal implications’’

as described in Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000). Executive 

Order 13175, requires EPA to develop 

an accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

rule will not have substantial direct 

effects on tribal governments, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

VII. Congressional Review Act 

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: January 17, 2007. 

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 180.607 is amended in the 

table to paragraph (a)(1) by revising the 

entry for ‘‘Vegetable, fruiting group 8’’

and in the table to paragraph (d) by 

adding alphabetically commodities to 

read as follows: 

§180.607 Spiromesifen; tolerances for 

residues. 

(a) General. (1) * * * 

Commodity Parts per 

million 

* * * * * 

Vegetable, fruiting, group 8 ...... 0.45 

* * * * * 

* * * * * 

(d) * * * 

Commodity Parts per 

million 

* * * * * 

Oat, forage ................................ 0.20 

Oat, grain .................................. 0.03 

Oat, hay .................................... 0.25 

Oat, straw ................................. 0.25 

* * * * * 

[FR Doc. E7–990 Filed 1–23–07; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Health Resources and Services 

Administration 

42 CFR Part 51a 

RIN # 0906–AA70 

Healthy Tomorrows Partnership for 

Children Program (HTPC) 

AGENCY: Health Resources and Services 

Administration (HRSA), HHS. 

ACTION: Final rule. 

SUMMARY: This Final Rule sets forth the 

Secretary’s proposal to require HTPC 

grant recipients to contribute nonFederal matching funds in years 2 

through 5 of the project period equal to 

two times the amount of the Federal 

Grant Award or such lesser amount 


rmajette on PROD1PC67 with RULES
3080 Federal Register / Vol. 72, No. 15 / Wednesday, January 24, 2007 / Rules and Regulations 

determined by the Secretary for good 

cause shown. 

DATES: This Final Rule is effective 

January 24, 2007. 

FOR FURTHER INFORMATION CONTACT: Jose 

Belardo, J.D., 301–443–0757. 

SUPPLEMENTARY INFORMATION: 

Background 

Authorized by 42 U.S.C. 701(a)(3), the 

HTPC is a grant program funded and 

administered by the Health Resources 

and Services Administration’s (HRSA) 

Maternal and Child Health Bureau 

(MCHB). Its purpose is to stimulate 

innovative community-based programs 

that employ prevention strategies to 

promote access to health care for 

children and their families nationwide 

by providing grant funds to implement 

a new or enhance an existing child 

health initiative. Currently, there are 58 

HTPC funded projects. In fiscal year 

(FY) 2006, 49 projects are continuing 

grantees and 9 are newly funded. 

Since the inception of this grant 

program in 1989, the HTPC has issued 

a programmatic requirement in its 

guidance that grant applicants must 

demonstrate the capability to meet cost 

participation goals by securing nonFederal matching funds and/or in-kind 

resources for the second through fifth 

years of the project. One of the key goals 

of this initiative is that funded programs 

are to be sustainable beyond the 5-year 

Federal funding period. In 1999, a 

formal evaluation of the HTPC The 

Health Tomorrows Partnership for 

Children Program in Review: Analysis 

and Findings of a Descriptive Survey 

was completed, and the authors 

concluded that the required match 

fosters long-term sustainability and 

leveraging of community resources. 

There was a 70 percent sustainability 

rate for those projects with activities 

that were sustained after the Federal 

funding period. 

This Final Rule will formally 

introduce a cost participation 

component to the HTPC grant program, 

thus requiring its grantees to contribute 

non-Federal matching funds and/or inkind resources in years 2 through 5 of 

the 5-year project period equal to two 

times the amount of the Federal Grant 

Award or such lesser amount 

determined by the Secretary for good 

cause shown. The non-Federal matching 

funds and/or in-kind resources must 

come from non-Federal funds, 

including, but not limited to, 

individuals, corporations, foundations 

in-kind resources, or State and local 

agencies. Documentation of matching 

funds would be required (i.e., specific 

sources, funding level, in-kind 

contributions). Reimbursement for 

services provided to an individual 

under a State plan under Title XIX will 

not be deemed ‘‘non-Federal matching 

funds’’ for the purposes of this 

provision. 

Public Participation 

The public was invited to respond to 

Notice of Proposed Rulemaking 

(NPRM), which was published in the 

Federal Register on December 27, 2005 

(70 FR 76435–76436). The NPRM 

provided for a 60-day comment period. 

We received no comments from the 

public. 

Economic and Regulatory Impact 

Executive Order 12866—Regulatory 

Planning and Review 

HRSA has examined the economic 

implications of this Final Rule as 

required by Executive Order 12866. 

Executive Order 12866 directs agencies 

to assess all costs and benefits of 

available regulatory alternatives and, 

when regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety and other advantages; 

distributive impacts; and equity). 

Executive Order 12866 classifies a rule 

as significant if it meets any one of a 

number of specified conditions, 

including: having an annual effect on 

the economy of $100 million, adversely 

affecting a sector of the economy in a 

material way, adversely affecting 

competition, or adversely affecting jobs. 

A regulation is also considered a 

significant regulatory action if it raises 

novel legal or policy issues. 

HRSA concludes that this Final Rule 

is a significant regulatory action under 

the Executive Order since it raises novel 

legal and policy issues under Section 

3(f)(4). HRSA concludes, however, that 

this Final Rule does not meet the 

significance threshold of $100 million 

effect on the economy in any one year 

under Section 3(f)(1). 

Impact of the New Rule 

Inclusion of this rule will greatly 

enhance grant recipients’ ability to 

achieve the HTPC goal/performance 

measure of program sustainability 

beyond the 5-year Federal funding 

period. 

Paperwork Reduction Act of 1995 

The Final Rule does not impose any 

new data collection requirements. 

List of Subjects in 42 CFR Part 51a 

Grant programs—Handicapped, 

Health, Health care, Health professions, 

Maternal and Child Health. 

Dated: July 5, 2006. 

Elizabeth M. Duke, 

Administrator, HRSA. 

Approved: October 23, 2006. 

Michael O. Leavitt, 

Secretary. 

Editor’s Note: This document was received 

at the Office of the Federal Register on 

January 19, 2007. 

■ For the reasons set forth in the 

preamble, HRSA amends 42 CFR part 

51a as follows: 

PART 51a—PROJECT GRANTS FOR 

MATERNAL AND CHILD HEALTH 

■ 1. The authority citation for part 51a 

continues to read as follows: 

Authority: 42 U.S.C. 1302; 42 U.S.C. 

702(a), 702(b)(1)(A) and 706(a)(3). 

■ 2. Amend § 51a.8 to add paragraph (c) 

to read as follows: 

§ 51a.8 What other conditions apply to 

these grants? 

* * * * * 

(c) Grant recipients of Healthy 

Tomorrows Partnership for Children 

Program, a Community Integrated 

Service System-funded initiative, must 

contribute non-Federal matching funds 

in years 2 through 5 of the project 

period equal to two times the amount of 

the Federal Grant Award or such lesser 

amount determined by the Secretary for 

good cause shown. Reimbursement for 

services provided to an individual 

under a State plan under Title XIX will 

not be deemed ‘‘non-Federal matching 

funds’’ for the purposes of this 

provision. 

[FR Doc. 07–287 Filed 1–23–07; 8:45 am] 

BILLING CODE 4165–15–M 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 07–61; MB Docket No. 00–53; RM–

10479, RM–10770] 

Radio Broadcasting Services; 

Eldorado, Fort Stockton, Mason and 

Mertzon, TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule, denial. 

SUMMARY: This document denies a 

Petition for Reconsideration filed by 

Bryan A. King, successor to BK Radio, 

directed to the Report and Order in this 

proceeding. With this action, the 

proceeding is terminated. 


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