30826 Federal Register / Vol. 66, No. 111 / Friday, June 8, 2001 / Rules and Regulations

electronic objections and hearing

requests will also be accepted on disks

in WordPerfect 6.1/8.0 or ASCII file

format. Do not include any CBI in your

electronic copy. You may also submit an

electronic copy of your request at many

Federal Depository Libraries.

B. When Will the Agency Grant a

Request for a Hearing?

A request for a hearing will be granted

if the Administrator determines that the

material submitted shows the following:

There is a genuine and substantial issue

of fact; there is a reasonable possibility

that available evidence identified by the

requestor would, if established resolve

one or more of such issues in favor of

the requestor, taking into account

uncontested claims or facts to the

contrary; and resolution of the factual

issues(s) in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

X. 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)

(Public Law 104–4). Nor does it require

any special considerations under

Executive Order 12898, entitled Federal

Actions to Address Environmental

Justice in Minority Populations and

Low-Income Populations (59 FR 7629,

February 16, 1994); or OMB review or

any Agency action under Executive

Order 13045, entitled Protection of

Children from Environmental Health

Risks and Safety Risks (62 FR 19885,

April 23, 1997). This action does not

involve any technical standards that

would require Agency consideration of

voluntary consensus standards pursuant

to section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (NTTAA), Public Law 104–

113, section 12(d) (15 U.S.C. 272 note).

Since tolerances and exemptions that

are established on the basis of a petition

under FFDCA section 408(d), such as

the exemption 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. In addition, the

Agency has determined that this action

will not have a substantial direct effect

on States, on the relationship between

the national government and the States,

or on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132, entitled

Federalism(64 FR 43255, August 10,

1999). Executive Order 13132 requires

EPA to develop an accountable process

to ensure ‘‘meaningful and timely input

by State and local officials in the

development of regulatory policies that

have federalism implications.’’ ‘‘Policies

that have federalism implications’’ is

defined in the Executive Order to

include regulations that

have‘‘substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government.’’ This final rule

directly regulates growers, food

processors, food handlers and food

retailers, not States. This action does not

alter the relationships or distribution of

power and responsibilities established

by Congress in the preemption

provisions of FFDCA section 408(n)(4).

For these same reasons, the Agency has

determined that this rule does not have

any ‘‘tribal implications’’ as described

in Executive Order 13175, entitled

Consultation and Coordination with

Indian Tribal Governments (65 FR

67249, November 6, 2000). Executive

Order 13175, requires EPA to develop

an accountable process to ensure

‘‘meaningful and timely input by tribal

officials in the development of

regulatory policies that have tribal

implications.’’ ‘‘Policies that have tribal

implications’’ is defined in the

Executive Order to include regulations

that have ‘‘substantial direct effects on

one or more Indian tribes, on the

relationship between the Federal

government and the Indian tribes, or on

the distribution of power and

responsibilities between the Federal

government and Indian tribes.’’ This

rule will not have substantial direct

effects on tribal governments, on the

relationship between the Federal

government and Indian tribes, or on the

distribution of power and

responsibilities between the Federal

government and Indian tribes, as

specified in Executive Order 13175.

Thus, Executive Order 13175 does not

apply to this rule.

XI. 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 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: May 25, 2001.

Janet L. Andersen,

Director, Biopesticides and Pollution

Prevention 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), 346(a) and

371.

2. Section 180.1143 is revised to read

as follows:

§ 180.1143 Methyl anthranilate; exemption

from the requirement of a tolerance.

Methyl anthranilate, a biochemical

pesticide, is exempt from the

requirement of a tolerance when used in

accordance with good agricultural

practices on the following raw

agricultural commodities: Blueberry,

cherry, corn, grape, and sunflower.

[FR Doc. 01–14487 Filed 6–7–01; 8:45 am]

BILLING CODE 6560–50–S

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–1293]

Radio Broadcasting Services; Various

Locations

AGENCY: Federal Communications

Commission.

Federal Register / Vol. 66, No. 111 / Friday, June 8, 2001 / Rules and Regulations 30827

1On April 22, 1999, the authorization for Channel

272A, Blountstown, Florida, was amended by a

one-step application to specify Channel 274A in

lieu of Channel 272A. However, that change was

not published in the Federal Register and the FM

Table of Allotments was not corrected to reflect the

channel change. We take this opportunity to correct

the FM Table of Allotments with respect to

Blountstown.

ACTION: Final rule.

SUMMARY: The Commission, on its own

motion, editorially amends the Table of

FM Allotments to specify the actual

classes of channels allotted to various

communities. The changes in channel

classifications have been authorized in

response to applications filed by

licensees and permittees operating on

these channels. This action is taken

pursuant to Revision of Section

73.3573(a)(1) of the Commission’s Rules

Concerning the Lower Classification of

an FM Allotment, 4 FCC Rcd 2413

(1989), and the Amendment of the

Commission’s Rules to permit FM

Channel and Class Modifications

[Upgrades] by Applications, 8 FCC Rcd

4735 (1993).

DATES: Effective June 8, 2001.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, adopted May 16, 2001, and

released May 25, 2001. The full text of

this Commission decision is available

for inspection and copying during

normal business hours in the

Commission’s Reference Center, 445

12th Street, SW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractors, International

Transcription Service, Inc., 1231 20th

Street, NW., Washington, DC 20036,

(202) 857–3800, facsimile (202) 857–

3805.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Alabama, is amended

by removing Channel 286C and adding

Channel 286C3 at Albertville.

3. Section 73.202(b), the Table of FM

Allotments under Arizona, is amended

by removing Channel 255C and adding

Channel 255A at Leupp.

4. Section 73.202(b), the Table of FM

Allotments under Delaware, is amended

by removing Channel 250A and adding

Channel 251A at Selbyville.

5. Section 73.202(b), the Table of FM

Allotments under Florida, is amended

by removing Channel 272A and adding

Channel 274A at Blountstown and by

removing Channel 274A and adding

Channel 274C3 at Blountstown.1

6. Section 73.202(b), the Table of FM

Allotments under Georgia, is amended

by removing Channel 300C3 and adding

Channel 300C2 at Valdosta.

7. Section 73.202(b), the Table of FM

Allotments under Michigan, is amended

by removing Channel 264A and adding

Channel 264C1 at Crystal Falls.

8. Section 73.202(b), the Table of FM

Allotments under Nebraska, is amended

by removing Channel 292C2 and adding

Channel 292C1 at Lincoln.

9. Section 73.202(b), the Table of FM

Allotments under Nevada, is amended

by removing Channel 262A and adding

Channel 261C at Beatty.

10. Section 73.202(b), the Table of FM

Allotments under New Mexico, is

amended by removing Channel 272C3

and adding Channel 272C1 at Clovis.

11. Section 73.202(b), the Table of FM

Allotments under Vermont, is amended

by removing Channel 233C3 and adding

Channel 233A at Rutland.

12. Section 73.202(b), the Table of FM

Allotments under Garapan, Saipan, is

amended by adding Channel 250C1 at

Garapan, Saipan.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–14524 Filed 6–7–01; 8:45 am]

BILLING CODE 6712–01–U