71026 Federal Register / Vol. 63, No. 246 /Wednesday, December 23, 1998 /Rules and Regulations

Partnerships (58 FR 58093, October 28,

1993), EPA may not issue a regulation

that is not required by statute and that

creates a mandate upon a State, local or

tribal government, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by those governments. If

the mandate is unfunded, EPA must

provide to the Office of Management

and Budget (OMB) a description of the

extent of EPA’s prior consultation with

representatives of affected State, local

and tribal governments, the nature of

their concerns, copies of any written

communications from the governments,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 12875 requires EPA to

develop an effective process permitting

elected officials and other

representatives of State, local and tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory proposals containing

significant unfunded mandates.’’

Today’s rule does not create an

unfunded federal mandate on State,

local or tribal governments. The rule

does not impose any enforceable duties

on these entities. Accordingly, the

requirements of section 1(a) of

Executive Order 12875 do not apply to

this rule.

Executive Order 13084

Under Executive Order 13084,

entitled Consultation and Coordination

with Indian Tribal Governments (63 FR

27655, May 19,1998), EPA may not

issue a regulation that is not required by

statute, that significantly or uniquely

affects the communities of Indian tribal

governments, and that imposes

substantial direct compliance costs on

those communities, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments. If the mandate is

unfunded, EPA must provide OMB, in

a separately identified section of the

preamble to the rule, a description of

the extent of EPA’s prior consultation

with representatives of affected tribal

governments, a summary of the nature

of their concerns, and a statement

supporting the need to issue the

regulation. In addition, Executive Order

13084 requires EPA to develop an

effective process permitting elected and

other representatives of Indian tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.’’

Today’s rule does not significantly or

uniquely affect the communities of

Indian tribal governments. This action

does not involve or impose any

requirements that affect Indian Tribes.

Accordingly, the requirements of

section 3(b) of Executive Order 13084

do not apply to this rule.

In addition, since these tolerances and

exemptions that are established on the

basis of a petition under FFDCA section

408(d), 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 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

Comptroller General

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 recordkeeping

requirements.

Dated: November 18, 1998.

Joseph J. Merenda,

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. Section 180.536 is added to read as

follows:

§ 180.536 Triazamate; tolerances for

residues.

(a) General. Time-limited tolerances

are established for the combined

residues of triazamate (RH-7988)

ethyl(3-tert-butyl-1-dimethylcarbamoyl1H-1,2,4-triazol-5-ylthio)acetate and its

metabolite (RH0422) in or on the

following commoditie(s):

Commodity Parts per

million

Expiration/

Revocation

Date

Apples ................ 0.1 12/31/01

(b) Section 18 emergency exemptions.

(c) Tolerances with regional

registrations. [Reserved]

(d) Indirect or inadvertent residues.

[Reserved]

[FR Doc. 98–33633 Filed 12–22–98; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 206

Federal Disaster Assistance for

Disasters Declared On or After

November 23, 1988

CFR Correction

In title 44 of the Code of Federal

Regulations, revised as of October 1,

1998, on page 471, § 206.207 was

inadvertently removed. The removed

text should read as follows:

§ 206.207 Administrative and audit

requirements.

(a) General. Uniform administrative

requirements which are set forth in 44

CFR part 13 apply to all disaster

assistance grants and subgrants.

(b) State administrative plan. (1) The

State shall develop a plan for the

administration of the Public Assistance

program that includes at a minimum,

the items listed below:

(i) The designation of the State agency

or agencies which will have the

responsibility for program

administration.

(ii) The identification of staffing

functions in the Public Assistance

program, the sources of staff to fill these

functions, and the management and

oversight responsibilities of each.

(iii) Procedures for:

(A) Notifying potential applicants of

the availability of the program;
Federal Register / Vol. 63, No. 246 /Wednesday, December 23, 1998 /Rules and Regulations 71027

(B) Conducting briefings for potential

applicants and application procedures,

program eligibility guidance and

program deadlines;

(C) Assisting FEMA in determining

applicant eligibility;

(D) Participating with FEMA in

conducting damage surveys to serve as

a basis for obligations of funds to

subgrantees;

(E) Participating with FEMA in the

establishment of hazard mitigation and

insurance requirements;

(F) Processing appeal requests,

requests for time extensions and

requests for approval of overruns, and

for processing appeals of grantee

decisions;

(G) Compliance with the

administrative requirements of 44 CFR

parts 13 and 206;

(H) Compliance with the audit

requirements of 44 CFR part 14;

(I) Processing requests for advances of

funds and reimbursement; and

(J) Determining staffing and budgeting

requirements necessary for proper

program management.

(2) The Grantee may request the RD to

provide technical assistance in the

preparation of such administrative plan.

(3) In accordance with the Interim

Rule published March 21, 1989, the

Grantee was to have submitted an

administrative plan to the RD for

approval by September 18, 1989. An

approved plan must be on file with

FEMA before grants will be approved in

a future major disaster. Thereafter, the

Grantee shall submit a revised plan to

the RD annually. In each disaster for

which Public Assistance is included,

the RD shall request the Grantee to

prepare any amendments required to

meet current policy guidance.

(4) The Grantee shall ensure that the

approved administrative plan is

incorporated into the State emergency

plan.

(c) Audit—(1) Nonfederal audit. For

grantees or subgrantees, requirements

for nonfederal audit are contained in

FEMA regulations at 44 CFR part 14 or

OMB Circular A–110 as appropriate.

(2) Federal audit. In accordance with

44 CFR part 14, appendix A, para. 10,

FEMA may elect to conduct a Federal

audit of the disaster assistance grant or

any of the subgrants.

[55 FR 2304, Jan. 23, 1990; 55 FR 5458, Feb.

15, 1990]

BILLING CODE 1505–01–D

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[CS Docket No. 96–83; FCC 98–273]

Preemption of Local Zoning Regulation

of Satellite Earth Stations and

Restrictions on Over-the-Air Reception

Devices: Television Broadcast, Direct

Broadcast Satellite and Multichannel

Multipoint Distribution Services

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This Second Report and

Order amends the Over-the-Air

Reception Devices Rule, which

prohibits governmental and nongovernmental restrictions that impair a

viewer’s ability to receive video

programming through devices designed

for over-the-air reception of DBS, MDS,

or television broadcast signals. This

Order concludes that the rule will be

expanded to apply to antenna

restrictions on rental property where the

viewer has exclusive use or control.

This Order also concludes that antenna

restrictions that apply to common or

restricted access areas are beyond the

scope of the statutory authority for this

rule, and that the rule, therefore, cannot

apply to antenna restrictions on

common or restricted access.

EFFECTIVE DATES: January 22, 1999.

FOR FURTHER INFORMATION CONTACT:

Eloise Gore at (202) 418–1066 or via

internet at egore@fcc.gov or Darryl

Cooper at (202) 418–1039 or via internet

at dacooper@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Second

Report and Order, CS Docket No. 96–83,

adopted October 14, 1998 and released

November 20, 1998. This Order is in

response to the Further Notice of

Proposed Rulemaking (CS Docket No.

96–83, FCC 96–328, 61 FR 46557). The

full text of this decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW,

Washington, D.C. 20554, or may be

purchased from the Commission’s copy

contractor, International Transcription

Service (‘‘ITS’’), (202) 857–3800, 1231

20th Street, NW, Washington, D.C.

20036, or may be reviewed via internet

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

WWW/csb.html. For copies in

alternative formats, such as braille,

audio cassette or large print, please

contact Sheila Ray at ITS.

Paperwork Reduction Act: This

Second Report and Order contains

information collection requirements for

which the Commission already has

clearance from the Office of

Management and Budget (‘‘OMB’’). The

Commission submitted these

information collection requirements to

OMB for clearance under OMB control

number 3060–0707 upon the August 6,

1996 release of the Report and Order.

OMB subsequently issued its clearance

to sponsor these requirements by means

of a Notice of Action dated October 14,

1996.

OMB Approval Number: 3060–0707.

Title: Over-the-Air Reception Devices.

SYNOPSIS OF ORDER ON

RECONSIDERATION

Introductory Background

1. This Second Report and Order

resolves the issues regarding Section

207 of the Telecommunications Act of

1996 (‘‘1996 Act’’) (Pub. L. No. 104–104,

110 Stat. 114 (1996)), on which the

Commission sought further comment in

its Report and Order, Memorandum

Opinion and Order, and Further Notice

of Proposed Rulemaking (‘‘Report and

Order’’ and ‘‘Further Notice’’). Based on

the Commission’s review of the

comments filed in response to the

Further Notice, the Commission adopts

an amendment to Section 1.4000 of the

rules, 47 CFR 1.4000 (‘‘Section 207

rules’’), that prohibits restrictions on

over-the-air reception devices covered

by Section 207 (‘‘Section 207 reception

devices’’) on rental property subject to

the other terms and conditions of the

Section 207 rules. Section 207 expressly

covers over-the-air reception devices

used to receive television broadcast

signals, multichannel multipoint

distribution service (‘‘MMDS’’), and

direct broadcast satellite services

(‘‘DBS’’). In the Report and Order, the

Commission concluded that the rules

implementing Section 207 should cover:

(1) any type of multipoint distribution

service, including not only MMDS but

also instructional television fixed

service (‘‘ITFS’’) and local multipoint

distribution service (‘‘LMDS’’) provided

the antenna is one meter or less in

diameter or diagonal measurement; (2)

medium-power satellite services using

antennas of one meter or less, even

though such services may not be

technically defined as DBS elsewhere in

the Commission’s rules; (3) DBS

antennas that are one meter or less in

diameter or over one meter in Alaska

(smaller DBS antennas do not work in

Alaska); and television (‘‘TVBS’’)

antennas without size limitation.

2. This amendment to the rules serves

two federal objectives of promoting

competition among multichannel video