Federal Register / Vol. 62, No. 53 / Wednesday, March 19, 1997 / Rules and Regulations 12959

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: February 28, 1997.

Peter Caulkins,

Acting Director, 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 § 180.472, in paragraph (d), by

adding alphabetically the following

entry to the table:

§ 180.472 Imidacloprid; tolerances for

residues.

* * * * *

CommodityParts per

million

Expiration/Revocation Date

* * * * *

Vegetables,

Cucurbits .......... 0.2 March 31, 1998

* * * * *

[FR Doc. 97–6654 Filed 3–18–97; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1, 2, 27, and 97

[GN Docket No. 96–228; DA 97–548]

The Wireless Communications Service

(‘‘WCS’’)

AGENCY: Federal Communications

Commission

ACTION: Final rule; petitions for

reconsideration.

SUMMARY: On March 13, 1997, the

Wireless Telecommunications Bureau of

the Federal Communications

Commission released a Public Notice

establishing an expedited pleading cycle

for oppositions and replies to

oppositions to two petitions for

reconsideration of the Commission’s

Report and Order establishing rules and

policies for a new Wireless

Communications Service (‘‘WCS’’) in

the 2305–2320 and 2345–2360 MHz

bands. The Public Notice summarizes

the petitions for reconsideration and

announces that oppositions to the

petitions for reconsideration are due on

or before March 21, 1997, and that

replies to oppositions to the petitions

for reconsideration are due on or before

March 25, 1997.

DATES: Oppositions are due on or before

March 21, 1997. Replies to oppositions

are due on or before March 25, 1997.

FOR FURTHER INFORMATION CONTACT: Josh

Roland or Matthew Moses, Wireless

Telecommunications Bureau, (202) 418–

0660.

SUPPLEMENTARY INFORMATION: This is a

summary of the Public Notice released

on March 13, 1997. The complete Public

Notice is available for inspection and

copying during normal business hours

in the FCC Reference Center (Room

239), 1919 M Street, N.W., Washington,

D.C., 20554, and also may be purchased

from the Commission’s copy contractor,

International transcription Services,

(202) 857–3800, 2100 M Street, N.W.,

Washington, D.C. 20037. The complete

Public Notice is also available on the

Commission’s Internet home page

(http://www.fcc.gov).

Summary of the Public Notice

Expedited Pleading Cycle Established

for Oppositions and Replies to

Oppositions to Petitions for

Reconsideration Filed by the Wireless

Cable Association International, Inc.

and by PACS Providers Forum and

DigiVox Corporation

March 13, 1997.

Oppositions Due: March 21, 1997.

Replies to Oppositions Due: March 25,

1997.

The Federal Communications

Commission has received two petitions

for reconsideration of the Commission’s

Report and Order reallocating the

frequencies at 2305–2320 and 2345–

2360 MHz and establishing auction and

service rules for the Wireless

Communications Service (‘‘WCS’’). See

Amendment of the Commission’s Rules

to Establish Part 27, the Wireless

Communications Service,’’ GN Docket

No. 96–228, Report and Order, FCC 97–

50, 62 FR 9636 (March 3, 1997) (‘‘WCS

Report and Order’’). The Commission’s

action in adopting these rules was taken

in response to the Congressional

mandate expressed in Section 3001 of

the Omnibus Consolidated

Appropriations Act, 1997, that the

Commission reallocate and assign the

use of these frequencies by means of

competitive bidding commencing no

later than April 15, 1997. See Omnibus

Consolidated Appropriations Act, 1997,

Public Law 104–208, 110 Stat. 3009

(1996).

On March 10, 1997, the Wireless

Cable Association International, Inc.

(‘‘WCA’’) filed a ‘‘Petition for Expedited

Reconsideration’’ of the WCS Report

and Order. WCA requests that the

Commission reconsider its decision not

to impose any technical restrictions on

WCS licensees designed to prevent

interference with Multipoint

Distribution Service (‘‘MDS’’) and

Instructional Television Fixed Service

(‘‘ITFS’’) operations in the 2150–2162

and 2500–2690 MHz bands. WCA states

that it is necessary to limit WCS

radiated power to 20 watts EIRP in order

to avoid blanketing interference which

could adversely effect MDS and ITFS

operations throughout the United States.

Interested parties should address the

appropriateness of the proposed power

limitation and its potential effect on

prospective WCS operations. In

addition, it would be useful to have

commenters’ views on whether a

different power limit than that proposed

by WCA would be more appropriate,

and alternatively on whether and in

what circumstances, in the absence of a

specific power limit, a WCS licensee

should be required to take remedial

action if blanketing interference to MDS

or ITFS reception is demonstrated.

On March 11, 1997, PACS Providers

Forum (‘‘PPF’’) and DigiVox

Corporation (‘‘DigiVox’’) jointly filed a

‘‘Petition for Expedited

Reconsideration’’ of the WCS Report

and Order urging the Commission to

reconsider the out-of-band emission

limits adopted for WCS. Specifically,

PPF and DigiVox argue that the out-ofband emission limits for WCS are

unnecessarily stringent, and that lower

limits would permit a greater number of

potential uses for the WCS spectrum

while at the same time protecting

satellite DARS operations in adjacent

spectrum. In addition to requesting

lower out-of-band emission limits

generally, PPF and DigiVox propose that

the Commission adopt additional

operating parameters for certain

operations in the WCS A and B blocks,

such as Personal Access

Communications Systems (‘‘PACS’’).

Commenters are requested to address

whether lower out-of-band emission

limits would adequately protect satellite

DARS operations from interference

caused by WCS operations, and whether

requiring low-power services such as

PACS to employ the proposed

parameters when operating in WCS

spectrum would mitigate the need for

the out-of-band emission limits adopted

in the WCS Report and Order.

In an effort to rapidly resolve these

matters given the statutory deadline of

April 15, 1997, for commencement of
12960 Federal Register / Vol. 62, No. 53 / Wednesday, March 19, 1997 / Rules and Regulations

1Some State surveys are limited to passenger

cars. The agency’s latest National Occupant

Protection Use Survey, a probability-based study of

safety belt use in all vehicles types, indicates a

current use rate of 58 percent. Another survey will

be conducted in 1997.

competitive bidding in the WCS

auction, the Wireless

Telecommunications Bureau is

establishing an expedited pleading

cycle. See 47 CFR 1.429 and 47 CFR 1.3

(providing that Commission rules may

be suspended, revoked, amended or

waived for good cause shown).

Parties should file oppositions to the

petitions by Friday, March 21, 1997, and

replies to oppositions by Tuesday,

March 25, 1997, with the Secretary,

Federal Communications Commission,

1919 M Street, N.W., Room 222,

Washington, D.C. 20554. In addition,

two copies should be hand delivered to:

(1) Auctions Division, Wireless

Telecommunications Bureau, Room

5322, 2025 M Street, N.W., Washington,

D.C. 20554, attention: Josh Roland; and

(2) Office of Engineering and

Technology, Suite 480, 2000 M Street,

N.W., Washington, D.C. 20554,

attention: Tom Mooring. In addition,

parties filing oppositions to the

petitions must hand deliver copies to

the relevant petitioner, and replies must

be hand delivered to the opponents.

Copies of the petitions, comments and

reply comments may be obtained from

the Commission’s duplicating

contractor, International Transcription

Service, Inc. (ITS), 2100 M Street, N.W.,

Suite 140, Washington, D.C., 20037,

(202) 857–3800. Copies are also

available for public inspection during

regular business hours in Room 5608,

2025 M Street, N.W., Washington, D.C.

20554. When requesting copies, please

refer to DA 97–548.

The Commission will treat this

proceeding as non-restricted for

purposes of the Commission’s ex parte

rules. See generally 47 CFR 1.1200–

1.1216. For further information contact

Josh Roland or Matthew Moses,

Auctions Division, Wireless

Telecommunications Bureau, at (202)

418–0660, or Tom Mooring, Office of

Engineering and Technology, at (202)

418–2450.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–7015 Filed 3–18–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 571

[Docket No. 74–14; Notice 114]

RIN 2127—AG59

Federal Motor Vehicle Safety

Standards; Occupant Crash Protection

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Final rule.

SUMMARY: NHTSA is temporarily

amending the agency’s occupant crash

protection standard to ensure that

vehicle manufacturers can quickly

depower all air bags so that they inflate

less aggressively. The agency is taking

this action to provide an immediate, but

interim, solution to the problem of the

fatalities and injuries that current air

bag designs are causing in relatively low

speed crashes to small, but growing

numbers of children, and occasionally

to adult occupants.

DATES: Effective Date: The amendments

made in this rule are effective March 19,

1997.

Incorporation by reference. The

incorporation by reference of a

publication listed in the regulation is

approved by the Director of the Federal

Register as of March 19, 1997.

Petitions: Petitions for reconsideration

must be received by May 5, 1997.

ADDRESSES: Petitions for reconsideration

should refer to the docket and notice

number of this notice and be submitted

to: Administrator, National Highway

Traffic Safety Administration, 400

Seventh Street, SW, Washington, DC

20590.

FOR FURTHER INFORMATION CONTACT: For

information about air bags and related

rulemakings: Visit the NHTSA web site

at http://www.nhtsa.dot.gov and select

‘‘AIR BAGS: Information about air

bags.’’

For non-legal issues: Mr. Clarke

Harper, Chief, Light Duty Vehicle

Division, NPS–11, National Highway

Traffic Safety Administration, 400

Seventh Street, SW, Washington, DC

20590. Telephone: (202) 366–2264. Fax:

(202) 366–4329.

For legal issues: J. Edward Glancy,

Office of Chief Counsel, NCC–20,

National Highway Traffic Safety

Administration, 400 Seventh Street, SW,

Washington, DC 20590. Telephone:

(202) 366–2992. Fax: (202) 366–3820.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background.

A. Air Bags: Safety Issues.

B. Current Requirements for Air Bags.

II. Overview and Summary.

III. January 1997 Depowering Proposal.

IV. Summary of Comments.

V. Agency Decision.

A. Should NHTSA amend Standard No.

208 to permit/facilitate depowering?

B. 80 g’s chest injury criterion vs. sled test.

C. Application of the amendment to driver

air bags.

D. Duration of amendment.

E. Benefits and trade-offs.

F. Specific sled test requirements/

procedures.

1. Neck injury criteria.

2. Testing whole vehicles or partial

vehicles.

3. ‘‘Corridor’’ for crash pulse.

4. Air bag activation.

5. Test attitude.

6. Completion of sled test.

G. Miscellaneous Issues.

1. Multistage manufacturer certification.

2. Effective date.

VI. Rulemaking Analyses and Notices.

I. Background

A. Air Bags: Safety Issues

Air bags have proven to be highly

effective in reducing fatalities from

frontal crashes, the most prevalent

fatality and injury-causing type of crash.

Those crashes result in 64 percent of all

driver and right-front passenger

fatalities.

NHTSA estimates that, between 1986

and February 15, 1997, air bags have

saved 1,828 drivers and passengers

(1,639 drivers and 189 passengers).

Based on current levels of effectiveness,

air bags will save more than 3,000 lives

each year in passenger cars and light

trucks when all light vehicles on the

road are equipped with dual air bags.

This is based on current safety belt use

rates (about 68 percent, according to

State-reported surveys).1 Using this

assumption, more than two-thirds of the

persons saved would be persons not

using any type of safety belt.

At the same time, air bags are causing

fatalities in some situations, especially

to children. As of February 15, 1997,

NHTSA’s Special Crash Investigation

program had identified 38 crashes in

this country in which the deployment of

the passenger air bag resulted in fatal

injuries to a child. Two adult passengers

have also been fatally injured. On the