Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 /Rules and Regulations 31645

IX. Regulatory Assessment

Requirements

This final rule establishes an

exemption from the tolerance

requirement under FFDCA section

408(d) in 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)

(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).

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 actions 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

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 the rule in

the Federal Register. This 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 record keeping

requirements.

Dated: May 21, 1998.

James Jones,

Director, Registration Division, Office of

Pesticide Programs.

PART 180 — [AMENDED]

Therefore, 40 CFR chapter I is

amended as follows:

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

2. In section 180.1001 the table in

paragraph (c) is amended by adding

alphabetically the following inert

ingredient to read as follows:

§ 180.1001 Exemption from the requirement

of a tolerance.

* * * * *

(c) * * *

Inert ingredients Limits Uses

* * * * * * *

Polyvinyl chloride

(CAS Reg. No.

9002–86–2),

minimum number average

molecular

weight (in amu)

29,000.

.............. Carrier

* * * * * * *

* * * * *

[FR Doc. 98–15174 Filed 6–9–98; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 2

[ET Docket No. 94–45; FCC 98–96]

Marketing and Equipment

Authorizations

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: By this Memorandum

Opinion and Order, the Commission

amends its regulations to increase the

number of radio frequency products that

can be imported, prior to receiving a

grant of equipment authorization, for

the purpose of testing and evaluation or

demonstration at industry trade shows.

This increase applies only to products

designed to be operated within one of

the allocated radio services and under

the provisions of license issued by the

Commission. In addition, manufacturers

operating equipment for demonstration

or evaluation purposes will be

permitted to operate under the authority

of a local FCC licensed service provider

on the condition that the licensee gives

the manufacturer permission to operate

in this manner and accepts

responsibility for the operation of the

equipment. These amendments to the

regulations respond to a Petition for

Reconsideration and Clarification, filed

by Ericsson, Inc.

EFFECTIVE DATE: August 10, 1998.

FOR FURTHER INFORMATION CONTACT: John

A. Reed, Office of Engineering and

Technology, (202) 418–2455.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s

Memorandum Opinion and Order in ET

Docket No. 94–45, adopted May 14,

1998, and released May 28, 1998. The

complete text of this Memorandum

Opinion and Order 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., and also may be

purchased from the Commission’s

duplication contractor, International

Transcription Services, Inc., (202) 857–

3800, 1231 20th Street, N.W.,

Washington, D.C. 20036.

Summary of the Memoranudum

Opinion and Order

1. In the Memorandum Opinion and

Order, the Commission amended part 2

of its rules regarding the importation

and operation of radio frequency (RF)

devices. Previously, the rules limited

the importation of RF products, prior to

receiving a grant of equipment

authorization, to no more than 200 units

for testing and evaluation purposes and

to no more than 10 units for

demonstrations at trade shows. A

greater number could be imported only

if written authorization was first

obtained from the Chief, Office of

Engineering and Technology, FCC.

2. Ericsson, Inc. filed a Petition for

Reconsideration and Clarification to the

Report and Order (‘‘R&O’’) in this

proceeding, 62 FR 10466, March 7,

1997. It requested that the above
31646 Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 /Rules and Regulations

importation limits be eliminated, stating

that these limits unfairly restrict the

ability of foreign manufacturers to

compete with domestic manufacturers.

Ericsson also requested that the

Commission eliminate its requirement

that manufacturers obtain a license to

operate transmitters for demonstrations

at trade shows, demonstrations at

exhibitions, or evaluation of product

performance. Ericsson adds that the

requirement to obtain a license should

apply only to entities that intend to

provide services using the product.

3. In the R&O in this proceeding, the

Commission chose not to amend its

rules limiting the importation of RF

devices that had not yet received a grant

of equipment authorization because of

the difficulties sometimes associated

with identifying the responsible party,

e.g., the importer. With many products,

especially low-power, unlicensed,

consumer devices, the name of the

responsible party may not be on the

product. Thus, it may not be possible to

trace a product to a specific importer or

to have a product recalled should it later

be found to be a source of harmful

interference.

4. The Commission continues to

believe that importation limits for

unauthorized devices are necessary and

that these limits do not impose a

significant barrier to foreign trade.

However, Ericsson has made a

compelling argument that the current

limits are inappropriate for equipment

intended to be used in the authorized

radio services where a license to operate

is required to be obtained from the

Commission. In some authorized

services, there are several hundred

licensees, each of which may be

interested in evaluating small quantities

of sample base and mobile units before

making larger purchases. This could

result in frequent requests to import

larger quantities. In order to reduce

administrative burden, the rules are

amended to allow the routine

importation of up to 2000 units for test

and evaluation and up to 200 units for

display at trade shows, but only for

equipment intended to be operated in

an authorized radio service and under a

Commission-issued license.

5. The Commission does not agree

with Ericsson that the requirement to

obtain a license, where currently

required, should be eliminated for

equipment manufacturers. However, the

Commission is amending its regulations

to permit a manufacturer to operate its

product for demonstration or evaluation

purposes under the authority of a local

FCC licensed service provider. The

licensee must grant permission to the

manufacturer to operate in this manner.

Further, the licensee continues to

remain responsible for complying with

all of the operating conditions and

requirements associated with its license.

6. The changes to the regulations

shown in this document incorporate the

changes adopted in this proceeding as

well as the changes to 47 CFR

2.1204(a)(3) and (a)(4) that were adopted

by the Commission on May 18, 1998 in

CI Docket No. 98–69, FCC 98–97. The

changes to these paragraphs were made

in separate orders adopted in close

proximity to each other. For clarity, we

are showing all of the resulting rule

changes.

7. Final Regulatory Flexibility

Analysis. As required by Section 603 of

the Regulatory Flexibility Act (RFA), 5

U.S.C. 603, an Initial Regulatory

Flexibility Analysis (IRFA) was

incorporated in the Notice of Proposed

Rule Making (Notice) in ET 94–45. The

Commission sought written Comments

on the proposals in the Notice including

the IRFA. No commenting parties raised

issues specifically in response to the

IRFA and a Final Regulatory Flexibility

Analysis (FRFA) as included in the

Report and Order in this proceeding.

The rules adopted in this Memorandum

Opinion and Order (MO&O) provide

clarification and further relaxation of

the marketing regulations adopted in the

Report and Order. We therefore certify,

pursuant to section 605(b) of the RFA,

that the rules adopted in this MO&O do

not have a significant economic impact

on a substantial number of small

entities.

8. The Commission’s Office of Public

Affairs, Reference Operations Division,

will send a copy of this final

certification, along with this

Memorandum Opinion and Order, in a

report to Congress pursuant to the Small

Business Regulatory Enforcement

Fairness Act of 1996, 5 U.S.C. 605(b).

9. It Is Further Ordered that this

proceeding is Terminated.

List of Subjects in 47 CFR Part 2

Radio, Reporting and recordkeeping

requirements.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

For the reasons discussed in the

preamble part 2 of title 47 of the Code

of Federal Regulations, is amended as

follows:

1. The authority citation for part 2

continues to read as follows:

Authority: 47 U.S.C. 154, 302, 303, 307 and

336, unless otherwise noted.

2. Section 2.803 is amended by

revising paragraph (e)(3) to read as

follows:

§ 2.803 Marketing of radio frequency

devices prior to equipment authorization.

* * * * *

(e)(3) The provisions of paragraphs

(e)(1)(i), (e)(1)(ii), (e)(1)(iii), (e)(1)(iv),

and (e)(1)(v) of this section do not

eliminate any requirements for station

licenses for products that normally

require a license to operate, as specified

elsewhere in this chapter.

(i) Manufacturers should note that

station licenses are not required for

some products, e.g., products operating

under part 15 of this chapter and certain

products operating under part 95 of this

chapter.

(ii) Instead of obtaining a special

temporary authorization or an

experimental license, a manufacturer

may operate its product for

demonstration or evaluation purposes

under the authority of a local FCC

licensed service provider. However, the

licensee must grant permission to the

manufacturer to operate in this manner.

Further, the licensee continues to

remain responsible for complying with

all of the operating conditions and

requirements associated with its license.

* * * * *

3. Section 2.1204 is amended by

revising paragraphs (a)(3) and (a)(4) to

read as follows:

§ 2.1204 Import conditions.

(a) * * *

(3) The radio frequency device is

being imported in limited quantities for

testing and evaluation to determine

compliance with the FCC Rules and

Regulations or suitability for marketing.

The devices will not be offered for sale

or marketed. The phrase ‘‘limited

quantities,’’ in this context means:

(i) 2000 or fewer units, provided the

product is designed solely for operation

within one of the Commission’s

authorized radio services for which an

operating license is required to be

issued by the Commission; or

(ii) 200 or fewer units for all other

products.

(iii) Prior to importation of a greater

number of units than shown above,

written approval must be obtained from

the Chief, Office of Engineering and

Technology, FCC.

(iv) Distinctly different models of a

product and separate generations of a

particular model under development are

considered to be separate devices.

(4) The radio frequency device is

being imported in limited quantities for

demonstration at industry trade shows

and the device will not be offered for
Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 /Rules and Regulations 31647

sale or marketed. The phrase ‘‘limited

quantities,’’ in this context means:

(i) 200 or fewer units, provided the

product is designed solely for operation

within one of the Commission’s

authorized radio services for which an

operating license is required to be

issued by the Commission; or

(ii) 10 or fewer units for all other

products.

(iii) Prior to importation of a greater

number of units than shown above,

written approval must be obtained from

the Chief, Office of Engineering and

Technology, FCC.

(iv) Distinctly different models of a

product and separate generations of a

particular model under development are

considered to be separate devices.

* * * * *

[FR Doc. 98–15395 Filed 6–9–98; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AB94

Endangered and Threatened Wildlife

and Plants; Determination of

Threatened Status for the Klamath

River and Columbia River Distinct

Population Segments of Bull Trout

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: The Fish and Wildlife Service

(Service) determines threatened status

for the Klamath River and the Columbia

River distinct population segments of

bull trout (Salvelinus confluentus), with

special rules, pursuant to the

Endangered Species Act of 1973, as

amended (Act). The Klamath River

population segment is limited to seven

geographically isolated stream areas

representing a fraction of the historical

habitat. The distribution and numbers of

bull trout have declined in the Klamath

River basin due to habitat isolation, loss

of migratory corridors, poor water

quality, and the introduction of nonnative species. The Columbia River

population segment is represented by

relatively widespread subpopulations

that have declined in overall range and

numbers of fish. A majority of Columbia

River bull trout occur in isolated,

fragmented habitats that support low

numbers of fish and are inaccessible to

migratory bull trout. The few remaining

bull trout ‘‘strongholds’’ in the

Columbia River basin tend to be found

in large areas of contiguous habitats in

the Snake River basin of central Idaho

mountains, upper Clark Fork and

Flathead Rivers in Montana, and several

streams in the Blue Mountains in

Washington and Oregon. The decline of

bull trout is primarily due to habitat

degradation and fragmentation, blockage

of migratory corridors, poor water

quality, past fisheries management

practices, and the introduction of nonnative species. The special rules allow

the take of bull trout in the Columbia

River and Klamath River population

segments if in accordance with

applicable State and Native American

Tribal fish and wildlife conservation

laws and regulations and conservation

plans approved by the Service.

The listing proposal was restricted by

court order to information contained in

the 1994 administrative record. This

final determination was based on the

best available scientific and commercial

information including current data and

new information received during the

comment period. As a result, the

threatened listing status for the

Columbia River population segment has

been retained, however, the listing

status for the Klamath River population

segment is changed from endangered to

threatened. This listing status change

occurred because bull trout interagency

management and recovery efforts for the

Klamath River basin are being

implemented and, consequently, threats

have been reduced. This rule

implements the protection and

conservation provisions afforded by the

Act for the Klamath River and Columbia

River population segments of bull trout.

DATES: Effective July 10, 1998.

ADDRESSES: The complete file for this

rule is available for inspection, by

appointment, during normal business

hours at the U.S. Fish and Wildlife

Service, Snake River Basin Field Office,

1387 S. Vinnell Way, Room 368, Boise,

Idaho 83709.

FOR FURTHER INFORMATION CONTACT:

Robert Ruesink, Supervisor, Snake River

Basin Office (see ADDRESSES section )

(telephone 208–378–5243, facsimile

208–378–5262).

SUPPLEMENTARY INFORMATION:

Background

Bull trout (Salvelinus confluentus),

members of the family Salmonidae, are

char native to the Pacific northwest and

western Canada. Bull trout historically

occurred in major river drainages in the

Pacific Northwest from about 41° N to

60° N latitude, from the southern limits

in the McCloud River in northern

California and the Jarbidge River in

Nevada to the headwaters of the Yukon

River in Northwest Territories, Canada

(Cavender 1978; Bond 1992). To the

west, bull trout range includes Puget

Sound, various coastal rivers of British

Columbia, Canada, and southeast Alaska

(Bond 1992). Bull trout are wide-spread

throughout tributaries of the Columbia

River basin, including its headwaters in

Montana and Canada. Bull trout also

occur in the Klamath River basin of

south central Oregon. East of the

Continental Divide, bull trout are found

in the headwaters of the Saskatchewan

River in Alberta and the MacKenzie

River system in Alberta and British

Columbia (Cavender 1978; Brewin and

Brewin 1997).

Bull trout were first described as

Salmo spectabilis by Girard in 1856

from a specimen collected on the lower

Columbia River, and subsequently

described under a number of names

such as Salmo confluentus and

Salvelinus malma (Cavender 1978). Bull

trout and Dolly Varden (Salvelinus

malma) were previously considered a

single species (Cavender 1978; Bond

1992). Cavender (1978) presented

morphometric (measurement), meristic

(geometrical relation), osteological (bone

structure), and distributional evidence

to document specific distinctions

between Dolly Varden and bull trout.

Bull trout and Dolly Varden were

formally recognized as separate species

by the American Fisheries Society in

1980 (Robins et al. 1980). Although bull

trout and Dolly Varden co-occur in

several northwestern Washington river

drainages, there is little evidence of

introgression (Haas and McPhail 1991)

and the two species appear to be

maintaining distinct genomes (Leary et

al. 1993; Williams et al. 1995; Kanda et

al. 1997; Spruell and Allendorf 1997).

Bull trout exhibit resident and

migratory life-history strategies through

much of the current range (Rieman and

McIntyre 1993). Resident bull trout

complete their entire life cycle in the

tributary (or nearby) streams in which

they spawn and rear. Migratory bull

trout spawn in tributary streams where

juvenile fish rear from one to four years

before migrating to either a lake

(adfluvial), river (fluvial), or in certain

coastal areas, to saltwater (anadromous),

where maturity is reached in one of the

three habitats (Fraley and Shepard 1989;

Goetz 1989). Resident and migratory

forms may be found together and it is

suspected that bull trout give rise to

offspring exhibiting either resident or

migratory behavior (Rieman and

McIntyre 1993).

Bull trout have more specific habitat

requirements compared to other

salmonids (Rieman and McIntyre 1993).

Habitat components that appear to

influence bull trout distribution and