Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Rules and Regulations 20439 

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 12, 2007. 

Donald R. Stubbs, 

Acting 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 180.434 is amended by 

adding text and table to paragraph (b) to 

read as follows: 

§180.434 Propiconazole; tolerances for 

residue. 

* * * * * 

(b) Section 18 emergency exemptions. 

Time-limited tolerances are established 

for residues of propiconazole (1-[[2-(2,4- 

dichlorophenyl)-4-propyl-1,3-dioxolan2-yl] methyl]-1H-1,2,4-triazole) and its 

metabolites determined as 2,4- 

dichlorobenzoic acid and expressed as 

parent compound, in connection with 

use of the pesticide under section 18 

emergency exemptions granted by EPA. 

The tolerances will expire and are 

revoked on the dates specified in the 

following table: 

Commodity Parts per million Expiration/revocation 

date 

Nectarine ............................................................................................................................................ 2.0 12/31/2010 

Peach ................................................................................................................................................. 2.0 12/31/2010 

* * * * * 

[FR Doc. E7–7678 Filed 4–24–07; 8:45 am] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 22 

[WT Docket No. 04–435; FCC 07–47] 

Amendment of the Commission’s 

Rules To Facilitate the Use of Cellular 

Telephones and Other Wireless 

Devices Aboard Airborne Aircraft 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule, termination of 

proceeding. 

SUMMARY: This document provides 

notice of the termination of the 

proceeding in WT Docket No. 04–435, 

involving the Commission’s ban on the 

airborne use of cellular telephones as set 

out in the Commission’s prohibition on 

airborne operation of cellular 

telephones rules. 

DATES: Effective April 3, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Linda Chang, Mobility Division, 

Wireless Telecommunications Bureau, 

202–418–1339, Linda.Chang@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

Memorandum Opinion and Order, 

released April 3, 2007. The complete 

text of the Memorandum Opinion and 

Order is available for inspection and 

copying during business hours at the 

FCC Reference Information Center, 

Portals II, 445 12th St., SW., Room CY–

A257, Washington, DC 20554. The 

complete text of this document also may 

be purchased from the Commission’s 

copy contractor, Best Copy and Printing, 

Inc., 445 12th Street, SW., Room, CY–

B402, Washington, DC 20554. The 

complete text may also be downloaded 

at: http://www.fcc.gov. 

Synopsis of Memorandum Opinion 

and Order: 

1. On December 15, 2004, the 

Commission adopted a Notice of 

Proposed Rulemaking (NPRM) at 70 FR 

11916, March 10, 2005 in the abovecaptioned docket proposing to replace 

or relax its ban under § 22.925 of the 

Commission’s rules on the use of 800 

MHz cellular handsets on airborne 

aircraft. The NPRM explored several 

different options for allowing airborne 

use of wireless devices, including a 

proposal to remove the current ban on 

the airborne use of cellular phones. 

Given the lack of technical information 

in the record upon which the 

Commission may base a decision, it has 

determined at this time that this 

proceeding should be terminated. 

2. In the NPRM, the Commission 

specifically requested technical 

comment, emphasizing that the ban on 

the airborne use of cell phones would 

not be removed without sufficient 

information regarding possible technical 

solutions. The NPRM also noted that the 

Federal Aviation Administration (FAA) 

prohibits the use of portable electronic 

devices (PEDs) on airborne aircraft, and 

that RTCA, Inc. (RTCA), a Federal 

Advisory Committee, is currently 

studying the effect of PEDs on aircraft 

navigation and safety at the request of 

the FAA. RTCA published findings in 

December 2006, and is expected to issue 

recommendations regarding airplane 

design and certification requirements in 

2007. 

3. The comments filed in this 

proceeding provide insufficient 

technical information that would allow 

the Commission to assess whether the 

airborne use of cellular phones may 

occur without causing harmful 

interference to terrestrial networks. 

Similarly, the December 2006 RTCA 

report does not provide data that would 

allow the Commission to evaluate the 

potential for interference between PED 

operations onboard airplanes and 

terrestrial-based wireless systems. 

Further, because it appears that airlines, 

manufacturers, and wireless providers 

are still researching the use of cell 

phones and other PEDs onboard aircraft, 

the Commission does not believe that 

seeking further comment at this juncture 

will provide the necessary technical 

information in the near term. 

Accordingly, the Commission concludes 

that this proceeding should be 

terminated. The Commission may, 

however, reconsider this issue in the 

future if appropriate technical data is 

available for its review. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E7–7791 Filed 4–24–07; 8:45 am] 

BILLING CODE 6712–01–P 


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