Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61447

record maintained at the Virginia

address in ‘‘ADDRESSES’’ at the

beginning of this document.

IX. Regulatory Assessment

Requirements

This final rule establishes a timelimited tolerance under FFDCA section

408 (l)(6). 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) (Pub. L.

104–4). Nor does it require any prior

consultation as specified by Executive

Order 12875, entitled Enhancing the

Intergovernmental Partnership (58 FR

58093, October 28, 1993), or 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 in

accordance with Executive Order 13045,

entitled Protection of Children from

Environmental Health Risks and Safety

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

In addition, since these tolerances and

exemptions that are established under

FFDCA section 408 (l)(6), 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. Nevertheless, the

Agency has previously assessed whether

establishing tolerances, exemptions

from tolerances, raising tolerance levels

or expanding exemptions might

adversely impact small entities and

concluded, as a generic matter, that

there is no adverse economic impact.

The factual basis for the Agency’s

generic certification for tolerance

acations published on May 4, 1981 (46

FR 24950), and was provided to the

Chief Counsel for Advocacy of the Small

Business Administration.

X. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, the

Agency has submitted 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 General

Accounting Office prior to publication

of this rule in today’s Federal Register.

This 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: October 30, 1997.

Peter Caulkins,

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. 346a and 371.

2. In §180.421, by alphabetically

adding ‘‘Filberts’’ to the table in

paragraph (b) to read as follows:

§180.421 Fenarimol; tolerances for

residues.

* * * * *

(b) Section 18 emergency exemptions.

* * *

Commodity Parts per million Expiration/Revocation Date

Filberts .......................................................................... 0.02 12/31/98

* * * * * * *

* * * * *

[FR Doc. 97–30252 Filed 11–17–97; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1 and 97

[ET Docket No. 93–62; FCC 97–303]

Guidelines for Evaluating the

Environmental Effects of

Radiofrequency Radiation

AGENCY: Federal Communications

Commission.

ACTION: Correcting amendment.

SUMMARY: On September 12, 1997 (62

FR 47960), the Commission published

final rules in the Second Memorandum

Opinion and Order, which deals with

the transition period for implementing

new guidelines for human exposure to

radiofrequency (RF) electromagnetic

fields; and the criteria for determining

whether amateur radio stations must

perform routine environmental

evaluations for human exposure to RF

fields. The Commission is correcting the

amendatory language and table to

ensure that the amendments are

properly incorporated in the 1998

revision of the Code of Federal

Regulations.

EFFECTIVE DATE: October 15, 1997.

FOR FURTHER INFORMATION CONTACT:

Robert F. Cleveland, Office of

Engineering and Technology, Federal

Communications Commission, (202)

418–2464.

SUPPLEMENTARY INFORMATION:

Background

The Commission is correcting

§ 1.1307(b)(4) and § 97.13(c)(1) of the

Commission’s rules, 47 CFR 1.1307(b)(4)

and 47 CFR 97.13(c)(1), as modified in

Guidelines for Evaluating the

Environmental Effects of

Radiofrequency Radiation, Second

Memorandum Opinion and Order,

published in Federal Register 62 FR

47960, September 12, 1997, and 62 FR

49557, September 22, 1997. The first

rule deals with the transition period for

implementing new guidelines for

human exposure to radiofrequency (RF)

electromagnetic fields. This rule, as

published, omits language that was

needed to clarify the Commission’s

policy on implementation of the new

guidelines. The second rule deals with

criteria for determining whether

amateur radio stations must perform

routine environmental evaluations for

human exposure to RF fields.

Need for Correction

The rule, as published, contained

misleading language and an entry was

missing from a table that is necessary for
61448 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations

1The term Ka-band generally refers to the spaceto-earth (downlink) frequencies at 17.7–20.2 GHz

and the corresponding earth-to-space (uplink)

frequencies at 27.5–30.0 GHz, or the ‘‘28 GHz

band.’’ This Report and Order pertains only to U.S.

commercial satellite systems in the Ka-band.

defining the criteria under which

certain stations are subject to

evaluation.

List of Subjects in 47 CFR Parts 1 and

97

Radio, Reporting and recordkeeping

requirements.

Accordingly, 47 CFR parts 1 and 97

are corrected by making the following

correcting amendments:

PART 1—PRACTICE AND

PROCEDURE

1. The authority citation for part 1

continues to read as follows:

Authority: 47 U.S.C. 151, 154, 303 and

309(j), unless otherwise noted, and Section

704 of the Telecommunications Act of 1996.

§ 1.1307 [Corrected]

2. Section 1.1307(b)(4) introductory

text is corrected to read as follows:

§ 1.1307 Actions which may have a

significant environmental effect, for which

Environmental Assessments (EAs) must be

prepared.

* * * * *

(b) * * *

(4) Transition Provisions.

Applications filed with the Commission

prior to October 15, 1997 (or January 1,

1998, for the Amateur Radio Service

only), for construction permits, licenses

to transmit or renewals thereof,

modifications in existing facilities or

other authorizations or renewals thereof

require the preparation of an

Environmental Assessment if the

particular facility, operation or

transmitter would cause human

exposure to levels of radiofrequency

radiation that are in excess of the

requirements contained in paragraphs

(b)(4)(i) through (b)(4)(iii) of this

section. In accordance with § 1.1312, if

no new application or Commission

action is required for a licensee to

construct a new facility or physically

modify an existing facility, e.g.,

geographic area licensees, and

construction begins on or after October

15, 1997, the licensee will be required

to prepare an Environmental

Assessment if construction or

modification of the facility would not

comply with the provisions of

paragraph (b)(1) of this section. These

transition provisions do not apply to

applications for equipment

authorization or use for mobile, portable

and unlicensed devices as specified in

paragraph (b)(2) of this section.

* * * * *

PART 97—AMATEUR RADIO SERVICE

1. The authority citation for part 97

continues to read as follows:

Authority: 48 Stat. 1066, 1082, as

amended; 47 U.S.C. §§ 154, 303. Interpret or

apply 48 Stat. 1064–1068, 1081–1105, as

amended; 47 U.S.C. §§ 151–155, 301–609,

unless otherwise noted.

§ 97.13 [Corrected]

2. Section 97.13(c)(1) and the table

contained therein are corrected to read

as follows:

§ 97.13 Restrictions on station location.

* * * * *

(c) * * *

(1) The licensee must perform the

routine RF environmental evaluation

prescribed by § 1.1307(b) of this chapter,

if the power of the licensee’s station

exceeds the limits given in the following

table:

Wavelength band

Evaluation required if

power 1 (watts) exceeds

MF

160 m ........................ 500

HF

80 m .......................... 500

75 m .......................... 500

40 m .......................... 500

30 m .......................... 425

20 m .......................... 225

17 m .......................... 125

15 m .......................... 100

12 m .......................... 75

10 m .......................... 50

VHF (all bands) ......... 50

UHF

70 cm ........................ 70

33 cm ........................ 150

23 cm ........................ 200

13 cm ........................ 250

SHF (all bands) ......... 250

EHF (all bands) ......... 250

Repeater stations (all

bands).

non-building-mounted

antennas: height

above ground level

to lowest point of

antenna <10 m and

power >500 W ERP

building-mounted

antennas: power

>500 W ERP

1Power = PEP input to antenna except, for

repeater stations only, power exclusion is

based on ERP (effective radiated power).

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–30174 Filed 11–17–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 25

[CC Docket No. 92–297; FCC 97–378]

Ka-Band Satellite Application and

Licensing Procedures

AGENCY: Federal Communications

Commission.

ACTION: Final rule with request for

comments.

SUMMARY: With this Report and Order,

the Commission adopts licensing

qualification requirements and service

rules for a new generation of fixedsatellite service (‘‘FSS’’) systems in the

Ka-band.1 These systems have the

potential to provide a wide variety of

broadband interactive digital services in

the United States and around the world

including: voice, data, and video;

videoconferencing; facsimile; computer

access and telemedicine. The systems

can provide direct-to-home services,

potentially allowing customers to

participate in activities from distance

learning to interactive home shopping.

The rules established here provide

guidelines for the new Ka-band satellite

systems to commence operation.

DATES: The adopted rule changes will

become effective January 20, 1998,

except § 25.145(g), which will become

effective upon OMB approval. The

Commission will publish a document

announcing the effective date of

§ 25.145(g) following approval of the

information collection request by OMB.

Comments are requested on the

information collection concerning

Section 25.145(g) and may be filed on or

before January 20, 1998.

FOR FURTHER INFORMATION CONTACT:

Jennifer Gilsenan, International Bureau,

Satellite Policy Branch, (202) 418–0757;

Kathleen Campbell, International

Bureau, Satellite Policy Branch (202)

418–0753. For additional information

concerning the information collection

contained in this Report and Order

contact Judy Boley at (202) 418–0214, or

via the Internet at jboley@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order in CC Docket No. 92–297;

FCC 97–378, adopted October 9, 1997,

and released October 15, 1997. The

complete text of this Report and Order

is available for inspection and copying

during normal business hours in the