Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Rules and Regulations 67915 

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 section 408(n)(4) of the 

FFDCA. 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. 

VIII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801et 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: October 28, 2005. 

Lois Rossi, 

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. 321(q), 346a and 371. 

■ 2. Section 180.562 is revised to read 

as follows: 

§ 180.562 Flucarbazone-sodium; 

tolerances for residues. 

(a) General. (1) Time-limited 

tolerances are established for combined 

residues of the herbicide flucarbazonesodium, 4,5-dihydro-3-methoxy-4- 

methyl-5-oxo-N- 

[[2(trifluoromethoxy)phenyl] sulfonyl]- 

1H-1,2,4-triazole 1-carboxamide, 

sodium salt) and its N-desmethyl 

metabolite in or on the following food 

commodities: 

Commodity Parts per 

million 

Expiration/ 

Revocation 

Date 

Wheat, forage ..... 0.30 ........... 11/30/06 

Wheat, grain ........ 0.01 ........... 11/30/06 

Wheat, hay .......... 0.10 ........... 11/30/06 

Wheat, straw ....... 0.05 ........... 11/30/06 

(2) Time-limited tolerances are 

established for combined residues of the 

herbicide flucarbazone-sodium, 4,5- 

dihydro-3-methoxy-4-methyl-5-oxo-N- 

[[2(trifluoromethoxy)phenyl] sulfonyl]- 

1H-1,2,4-triazole 1-carboxamide, 

sodium salt) and its metabolites 

converted to 2- 

(trifluoromethoxy)benzene sulfonamide 

and calculated as flucarbazone-sodium 

in or on the following food 

commodities: 

Commodity Parts per 

million 

Expiration/ 

Revocation 

Date 

Cattle, liver .......... 1.50 ........... 11/30/06 

Cattle, meat ......... 0.01 ........... 11/30/06 

Cattle, meat byproducts except 

liver.

0.01 ........... 11/30/06 

Goat, liver ............ 1.50 ........... 11/30/06 

Goat, meat .......... 0.01 ........... 11/30/06 

Goat, meat byproducts except 

liver.

0.01 ........... 11/30/06 

Hog, liver ............. 1.50 ........... 11/30/06 

Commodity Parts per 

million 

Expiration/ 

Revocation 

Date 

Hog, meat ........... 0.01 ........... 11/30/06 

Hog, meat byproducts except 

liver.

0.01 ........... 11/30/06 

Horse, liver .......... 1.50 ........... 11/30/06 

Horse, meat ........ 0.01 ........... 11/30/06 

Horse, meat byproducts except 

liver.

0.01 ........... 11/30/06 

Milk ...................... 0.005 ......... 11/30/06 

Sheep, liver ......... 1.50 ........... 11/30/06 

Sheep, meat ........ 0.01 ........... 11/30/06 

Sheep, meat byproducts except 

liver.

0.01 ........... 11/30/06 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertant residues. 

[Reserved] 

[FR Doc. 05–22254 Filed 11–8–05; 8:45 am] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 20 and 68 

[WT Docket 01–309, FCC 05–166] 

Hearing Aid Compatibility 

Requirements for Wireless Carriers 

Offering Dual-Band GSM Handsets; 

Request for Waiver of Hearing Aid 

Compatibility Requirements for 

Cingular Wireless LLC 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; petitions for waiver. 

SUMMARY: The Federal Communications 

Commission (FCC or Commission) ruled 

that, until August 1, 2006, it will base 

the hearing aid compatibility 

compliance rating of dual-band GSM 

handsets on their operation in the 1900 

MHz band only. Given its broad 

applicability, the Commission clarified 

that its action applies to all handset 

manufacturers, carriers and service 

providers that offer dual-band GSM 

wireless handsets that operate in both 

the 850 MHz and 1900 MHz bands. 

Consistent with this action, the 

Commission granted in part a request 

from Cingular Wireless LLC (Cingular). 

Finally, the Commission imposed 

conditions on Cingular and all other 

entities that elect to avail themselves of 

the temporary relief granted by the 

Memorandum Opinion and Order 

(MO&O). 

DATES: Effective September 8, 2005. 

67916 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: 

Angela Giancarlo, Associate Chief, 

Public Safety and Critical Infrastructure 

Division, Wireless Telecommunications 

Bureau, Federal Communications 

Commission, Washington, DC 20554, 

(202) 418–0680, TTY (202) 418–7233. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

Memorandum Opinion and Order 

(MO&O) adopted on September 7, 2005 

and released on September 8, 2005. The 

full text of the MO&O is available for 

public inspection. In the MO&O and 

pursuant to its waiver authority, the 

FCC provided temporary, conditional 

relief from certain hearing aid 

compatibility requirements for carriers 

and manufacturers that offer dual-band 

digital wireless handsets that use the 

GSM air interface in both the 850 MHz 

cellular and 1900 MHz broadband PCS 

bands. The FCC ruled that, until August 

1, 2006, it will base the hearing aid 

compatibility compliance rating of dualband GSM handsets on their operation 

in the 1900 MHz band only. This action 

applies to all handset manufacturers, 

wireless carriers and service providers 

that offer dual-band GSM handsets that 

operate in both the 850 MHz and 1900 

MHz bands. In connection with this 

action, the FCC also granted, in part and 

with conditions, a request for waiver 

from Cingular. Finally, the FCC imposed 

reporting and outreach conditions on 

Cingular and any other entity that elects 

to take advantage of the relief provided 

in the MO&O. 

2. By way of background, since 2003, 

the Commission has taken a number of 

actions to further the ability of persons 

with hearing disabilities to access 

digital wireless telecommunications, 

including adopting ANSI C63.19 as the 

applicable technical standard for 

achieving hearing aid compatibility of 

digital wireless handsets. To facilitate 

deployment of digital wireless handsets 

compliant with this technical standard, 

the Commission established phased-in 

deployment benchmark dates for the 

offer of hearing aid-compatible digital 

wireless handsets. In this regard the 

Commission required manufacturers 

and carriers to offer hearing aidcompatible digital wireless handsets by 

September 16, 2005, unless they 

qualified for a ‘‘de minimis’’ exception 

(i.e., offer two or fewer digital wireless 

handsets in the U.S.). 

3. In April 2005, the Commission 

clarified that applicants for hearing aid 

compatibility certification could rely on 

either the 2001 or draft 2005 version of 

the technical standard, noting that 

allowing the use of the new 

measurement and rating procedures 

would assist manufacturers and carriers 

in meeting their compliance obligations. 

In June 2005, the Commission 

established that by September 16, 2005, 

Tier I wireless carriers must offer four 

digital wireless handset models per air 

interface, or twenty-five percent of the 

total number of digital wireless handset 

models offered by the carrier 

nationwide, that meet a U3 rating. 

4. Following these actions, the HAC 

Incubator Working Group 9 (Working 

Group 9), a technical group focused on 

hearing aid compatibility in wireless 

handsets employing the GSM air 

interface, and Cingular, a Tier I wireless 

carrier, requested relief from the hearing 

aid compatibility requirements for dualband GSM handsets in the 850 MHz and 

1900 MHz bands. Working Group 9 

recommended that the Commission 

accept an interim hearing aid 

compatibility rating of a dual-band 

handset employing the GSM air 

interface based on its operation in the 

1900 MHz band only, rather than to rate 

the handset based on its operation in 

both the 850 MHz and 1900 MHz bands. 

5. In addition, Cingular requested 

waiver of the requirement that it offer at 

least four handsets meeting a U3 or 

higher interference rating until such 

time as the ANSI C63.19 standard has 

been updated to reflect band differences 

between 1.9 GHz and 850 MHz. 

Cingular argued that compliance with 

the September 16, 2005, deployment 

benchmark is ‘‘technologically 

infeasible’’ as it pertains to dual-band 

GSM handsets. In exchange, Cingular 

offered to comply with a number of 

conditions. Representatives of hearing 

aid manufacturers and consumers with 

hearing disabilities, the Hearing 

Industries Association (HIA), and Self 

Help for Hard of Hearing People 

(SHHH), respectively, filed comments in 

support of Cingular’s proposal for 

temporary, conditional relief. 

6. In the MO&O, the Commission 

found that adoption of the Working 

Group recommendation would not 

frustrate the underlying purpose of the 

benchmark requirements for 

deployment of hearing aid-compatible 

digital wireless handsets. The 

Commission determined that temporary 

acceptance of the hearing aid 

compatibility rating for 1900 MHz 

operation as the overall rating for dualband GSM digital wireless handsets 

would increase users’ choices by 

ensuring the availability of dual-band 

GSM handsets and avoids delaying 

introduction of such devices that could 

be used by consumers with and without 

hearing disabilities. Further, the 

Commission found that grant of the 

requested relief would allow 

manufacturers and carriers to focus on 

bringing to market fully compliant 

handsets. 

7. The Commission further found that 

adoption of the Working Group 9 

recommendation satisfies the public 

interest, particularly given the broad 

support for the recommendation from 

interested parties. In addition, the 

Commission determined that Working 

Group 9’s commitment to resolving the 

current technical challenge within a 

limited period of time serves the public 

interest and advances the original intent 

of the Commission’s rules—to 

expeditiously introduce digital wireless 

handsets that are compatible with 

hearing aids—and continue to work 

collectively and cooperatively to resolve 

the current challenge. 

8. Accordingly, the Commission ruled 

that it would accept, until August 1, 

2006, the hearing aid compatibility 

compliance rating for operation in the 

1900 MHz band as the overall 

compliance rating for dual-band GSM 

digital wireless handsets that operate in 

both the 850 MHz and 1900 MHz bands. 

Given its broad applicability, the 

Commission clarified that its action 

applies to all handset manufacturers, 

carriers and service providers that offer 

dual-band GSM wireless handsets that 

operate in both the 850 MHz and 1900 

MHz bands. 

9. Consistent with this action, the 

Commission granted Cingular’s waiver 

request in part, but denied the request 

to the extent that it seeks broader relief. 

In adopting the Working Group 9 

recommendation, the Commission 

provided Cingular with a means to 

comply with the September 16, 2005, 

preliminary deployment benchmark 

obligation set forth in section 

20.19(c)(3)(i)(A) of the Commission’s 

rules without the need to per se exempt 

any particular dual-band GSM handset. 

The Commission found Cingular’s 

‘‘open-ended’’ timetable approach 

would frustrate the purpose of the rule 

and create uncertainty and reiterated its 

expectation that wireless carriers, 

service providers and handset 

manufacturers make available dual-band 

GSM digital wireless handsets with a U3 

or higher rating in both the 850 MHz 

and 1900 MHz bands no later than 

August 1, 2006. The Commission also 

found it premature to declare that 

achieving hearing aid compatibility in 

GSM digital wireless handsets is 

‘‘technologically infeasible,’’ given the 

ongoing efforts to resolve the technical 

challenges. 

10. Finally, with regard to conditions 

associated with the relief, the 

Commission found that the conditions 

proposed by Cingular with some 

Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Rules and Regulations 67917 

modifications would serve the public 

interest. The conditions adopted by the 

Commission are reprinted below as set 

forth in the MO&O but without 

footnotes. 

• Reporting 

A. Cingular and any other entity that 

avails itself of the relief afforded by this 

order must so notify the Commission in 

its upcoming November 17, 2005, 

hearing aid compatibility compliance 

report. In addition to providing notice, 

such entity must include detailed 

information in its report that describes 

and discusses with specificity the status 

of its efforts to offer dual-band GSM 

handsets that achieve a rating of U3 or 

higher in the 850 MHz band in addition 

to the 1900 MHz band. We note that this 

condition is consistent with the 

requirement that compliance reports 

provide information regarding ‘‘any 

activities related to ANSI C63.19 or 

other standards work intended to 

promote compliance with’’ the 

Commission’s rules and policies. 

B. Cingular and any other entity that 

avails itself of the relief afforded by this 

order and that so notifies the 

Commission on or before November 17, 

2005, (as referenced in condition 1, 

above), must include in its May 17, 

2006, hearing aid compatibility 

compliance report detailed information 

that describes and discusses with 

specificity the status of its efforts to 

offer dual-band GSM handsets that 

achieve a rating of U3 or higher in the 

850 MHz band in addition to the 1900 

MHz band. 

C. Cingular must file an additional 

report with the Commission no later 

than February 1, 2006. This report must 

include detailed information that 

describes and discusses with specificity 

the status of its efforts to offer dual-band 

GSM handsets that achieve a rating of 

U3 or higher in the 850 MHz band in 

addition to the 1900 MHz band. 

• Consumer Outreach 

A. Cingular and any other entity that 

avails itself of the relief afforded by this 

order must ensure a thirty-day trial 

period or otherwise adopt an acceptable, 

flexible return policy for consumers 

seeking to obtain hearing aid-compatible 

GSM digital wireless handsets. In 

addition, such entity must include 

detailed information in its November 

17, 2005, and May 17, 2006, hearing aid 

compatibility compliance reports that 

describes and discusses with specificity 

efforts to ensure a thirty-day trial period 

or otherwise flexible return policy for 

consumers seeking to obtain hearing 

aid-compatible GSM digital wireless 

handsets. We note that this condition 

makes mandatory one of the outreach 

efforts described by the Commission in 

the Hearing Aid Compatibility Order 

and further discussed in the Hearing 

Aid Compatibility Reconsideration 

Order. Also, this condition is consistent 

with the requirement that compliance 

reports provide information regarding 

‘‘outreach efforts.’’

B. Cingular and any other entity that 

avails itself of the relief afforded by this 

order must take reasonable efforts to 

make available current technical and 

anecdotal information for access by the 

public regarding the hearing aid 

compatibility of specific GSM digital 

wireless handsets. In addition, such 

entity must include detailed 

information in its November 17, 2005, 

and May 17, 2006, hearing aid 

compatibility compliance reports that 

describes and discusses with specificity 

efforts to comply with this condition. 

We note that this condition is consistent 

with the outreach efforts described by 

the Commission in the Hearing Aid 

Compatibility Order, as well as the 

requirement that compliance reports 

provide information regarding 

‘‘outreach efforts.’’

I. Procedural Matters 

A. Paperwork Reduction Act Analysis 

11. This document does not contain 

new or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law No. 104–13. Therefore, it does not 

contain any new or modified 

‘‘information collection burden for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

B. Congressional Review Act 

12. The Commission will not send a 

copy of this MO&O pursuant to the 

Congressional Review Act (CRA), see 5 

U.S.C. 801(a)(1)(A), because this MO&O 

does not amend rules as defined in the 

CRA, 5 U.S.C. 804(3). 

II. Ordering Clauses 

13. The Commission, acting pursuant 

to Sections 1 and 4(i) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i), and 

section 1.925 of the Commission’s rules, 

47 CFR 1.925, grants, to the extent set 

forth in the MO&O, the waiver relief 

requested in the Letter from Thomas 

Goode, counsel to the Alliance for 

Telecommunications Industry 

Solutions, and in the Presentation of the 

HAC Incubator Working Group 9, filed 

on August 1, 2005. Second, the 

Commission grants, to the extent set 

forth in the MO&O, the petition for 

waiver of section 20.19(c)(3)(i)(A) of the 

Commission’s rules, 47 CFR 

20.19(c)(3)(i)(A), filed by Cingular 

Wireless LLC on August 5, 2005. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 05–22231 Filed 11–8–05; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

48 CFR Part 239 

[DFARS Case 2003–D054] 

Defense Federal Acquisition 

Regulation Supplement; Information 

Technology Equipment—Screening of 

Government Inventory 

AGENCY: Department of Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to delete obsolete procedures 

for screening of Government inventory 

before authorizing a contractor to 

purchase information technology 

equipment. This rule is a result of a 

transformation initiative undertaken by 

DoD to dramatically change the purpose 

and content of the DFARS. 

EFFECTIVE DATE: November 9, 2005. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Gabrielle Ward, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DAR), IMD 3C132, 3062 Defense 

Pentagon, Washington, DC 20301–3062. 

Telephone (703) 602–2022; facsimile 

(703) 602–0350. Please cite DFARS Case 

2003–D054. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DFARS Transformation is a major 

DoD initiative to dramatically change 

the purpose and content of the DFARS. 

The objective is to improve the 

efficiency and effectiveness of the 

acquisition process, while allowing the 

acquisition workforce the flexibility to 

innovate. The transformed DFARS will 

contain only requirements of law, DoDwide policies, delegations of FAR 

authorities, deviations from FAR 

requirements, and policies/procedures 

that have a significant effect beyond the 

internal operating procedures of DoD or 

a significant cost or administrative 

impact on contractors or offerors. 

Additional information on the DFARS 

Transformation initiative is available at 

http://www.acq.osd.mil/dpap/dars/ 

dfars/transformation/index.htm.