Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Rules and Regulations 7459

the exemptions from the requirement of

a tolerance for residues of propionic

acid in or on cottonseed, peanuts, rice

grain, and soybeans would protect the

public health, the Agency is establishing

the exemptions as set forth below.

Any person adversely affected by this

regulation may, within 30 days after

publication of this document in the

Federal Register, file written objections

and/or a request for a hearing with the

Hearing Clerk, at the address given

above (40 CFR 178.20). A copy of the

objections and hearing requests filed

with the Hearing Clerk should be

submitted to the OPP docket for this

rulemaking. The objections submitted

must specify the provisions of the

regulation deemed objectionable and the

grounds for the objections (40 CFR

178.25). Each objection must be

accompanied by the fee prescribed by

40 CFR 180.33(i). If a hearing is

requested, the objections must include a

statement of the factual issue(s) on

which a hearing is requested, the

requestor’s contentions on each such

issue, and a summary of any evidence

relied upon by the objector (40 CFR

178.27). 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

issue(s) in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

Under Executive Order 12866 (58 FR

51735, Oct. 4, 1993), the Agency must

determine whether the regulatory action

is ‘‘significant’’ and therefore subject to

all the requirements of the Executive

Order (i.e., Regulatory Impact Analysis,

review by the Office of Management and

Budget (OMB)). Under section 3(f), the

order defines ‘‘significant’’ as those

actions likely to lead to a rule (1) having

an annual effect on the economy of $100

million or more, or adversely and

materially affecting a sector of the

economy, productivity, competition,

jobs, the environment, public health or

safety, or State, local, or tribal

governments or communities (also

known as ‘‘economically significant’’);

(2) creating serious inconsistency or

otherwise interfering with an action

taken or planned by another agency; (3)

materially altering the budgetary

impacts of entitlement, grants, user fees,

or loan programs; or (4) raising novel

legal or policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in this Executive

Order.

Pursuant to the terms of this

Executive Order, EPA has determined

that this rule is not ‘‘significant’’ and is

therefore not subject to OMB review.

Pursuant to the Regulatory Flexibility

Act (Pub. L. 96-354, 94 Stat. 1164, 5

U.S.C. 601 et seq.), the Administrator

has determined that regulations

establishing new tolerances or raising

tolerance levels or establishing

exemptions from tolerance requirements

do not have a significant economic

impact on a substantial number of small

entities. A certification statement to this

effect was published in the Federal

Register of May 4, 1981 (46 FR 24950).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: January 30, 1995.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, 40 CFR part 180 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 180.1023 is revised, to read

as follows:

§ 180.1023 Propionic acid; exemptions

from the requirement of a tolerance.

(a) Postharvest application of

propionic acid or a mixture of

methylene bispropionate and

oxy(bismethylene) bisproprionate when

used as a fungicide is exempted from

the requirement of a tolerance for

residues in or on the following raw

agricultural commodities: Alfalfa, barley

grain, Bermuda grass, bluegrass, brome

grass, clover, corn grain, cowpea hay,

fescue, lespedeza, lupines, oat grain,

orchard grass, peanut hay, peavine hay,

rye grass, sorghum grain, soybean hay,

sudan grass, timothy, vetch, and wheat

grain.

(b) Propionic acid is exempt from the

requirement of a tolerance for residues

in or on meat and meat byproducts of

cattle, sheep, hogs, goats, horses, and

poultry, milk, and eggs when applied as

a bactericide/fungicide to livestock

drinking water, poultry litter, and

storage areas for silage and grain.

(c) Postharvest application of

propionic acid when used as a fungicide

is exempted from the requirement of a

tolerance for residues in or on the

following raw agricultural commodities:

Cottonseed, peanuts, rice grain, and

soybeans.

[FR Doc. 95–2820 Filed 2–7–95; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 97

[PR Docket No. 93–305; FCC 94–343]

Implementation of a Vanity Call Sign

System

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This action amends the

amateur service rules to provide a

system for the assignment of vanity call

signs to amateur stations. The rule

amendments are necessary so that

personalized call signs are available in

the amateur service. The rule

amendments will satisfy the desires of

those persons in the amateur

community who want an opportunity to

choose their own call signs.

EFFECTIVE DATE: March 24, 1995.

FOR FURTHER INFORMATION CONTACT:

Maurice J. DePont, Federal

Communications Commission, Wireless

Telecommunications Bureau,

Washington, D.C. 20554, (202) 418–

0690.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, adopted December 23, 1994.

and released February 1, 1995. The

complete text of this Commission action

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.

The complete text of this Report and

Order may also be purchased from the

Commission’s copy contractor,

International Transcription Services,

Inc. (ITS, Inc.), 2100 M Street, NW,

Suite 140, Washington, D. C. 20037,

telephone number (202) 857–3800.

Summary of Report and Order

1. The Commission’s new license

processing capabilities now make it

practicable to grant requests for call

signs of the licensee’s choice. Hence, a

vanity call sign system can be

implemented. These new capabilities

can also be used to resume the issuance

of new club and military recreation

station licenses.
7460 Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Rules and Regulations

2. A major concern of the amateur

service community is that the system

adopted for allocation of vanity call

signs be fair and equitable. To ensure

fairness, a filing priority schedule will

be adhered to.

3. The schedule has a series of starting

gates. Gate One would be for former

holders or a close relative of a deceased

holder. Gate Two would allow Amateur

Extra Class operators to apply. Gate

Three would allow Advanced Class

operators to apply and Gate Four would

open the system to any licensee. The

final gate will also allow a club station

license trustee to apply for the call sign

of a deceased former holder. The license

trustee must obtain a written consent

from a close relative of the deceased.

Applications for a vanity call sign will

be made on Form 610–V. A fee of $70.00

must be submitted along with the

application form when requesting a new

or renewed vanity call sign. Applicants

will be able to list up to twenty-five call

signs in the order of their preference on

the Form 610–V. The sequential call

sign system will continue to be available

for new licensees and for those persons

who do not want vanity call signs.

4. A call sign vacated by a licensee

will not be available to the vanity call

sign system for two years. This is

consistent with the waiting period for

assignability of a deceased person’s

station call sign or for assignability of a

call sign associated with a station

license that has expired.

5. The amended rules provide for the

resumption of licensing of new club and

military recreation station licenses.

Once a new club or military recreation

station license is obtained, the holder

thereof may then apply for a vanity call

sign, if desired.

6. This Report and Order is issued

under the authority of 47 U.S.C.

§§ 154(i) and 303(r).

List of Subjects in 47 CFR Part 97

Club stations, Military recreation

stations, Radio, Vanity call signs.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Amended Rules

Part 97 of Chapter I of Title 47 of the

Code of Federal Regulations is amended

as follows:

PART 97—AMATEUR RADIO SERVICE

1. The authority citation for Part 97

continues to read as follows:

Authority: 48 Stat. 1066, 1082, as

amended; 47 U.S.C. §§ 154, 303. Interpret or

apply 48 Stat. 1064–1068, 1081–1105, as

amended; 47 U.S.C. §§ 151–155, 301–609,

unless otherwise noted.

2. Section 97.3 is amended by

redesignating paragraphs (a)(11) through

(a)(45) as paragraphs (a)(12) through

(a)(46) and adding new paragraph

(a)(11) to read as follows:

§ 97.3 Definitions.

(a) * * *

(11) Call sign system. The method

used to select a call sign for amateur

station over-the-air identification

purposes. The call sign systems are:

(i) Sequential call sign system. The

call sign is selected by the FCC from an

alphabetized list corresponding to the

geographic region of the licensee’s

mailing address and operator class. The

call sign is shown on the license. The

FCC will issue public announcements

detailing the procedures of the

sequential call sign system.

(ii) Vanity call sign system. The call

sign is selected by the FCC from a list

of call signs requested by the licensee.

The call sign is shown on the license.

The FCC will issue public

announcements detailing the

procedures of the vanity call sign

system.

* * * * *

3. Section 97.17 is amended by

revising paragraph (f) and adding

paragraph (h) to read as follows:

§ 97.17 Application for new license or

reciprocal permit for alien amateur licensee.

* * * * *

(f) One unique call sign will be shown

on the license of each new primary,

club, and military recreation station.

The call sign will be selected by the

sequential call sign system.

* * * * *

(h) Each application for a new club or

military recreation station license must

be submitted to the FCC, 1270 Fairfield

Road, Gettysburg, PA 17325–7245. No

new license for a RACES station will be

issued.

4. Section 97.19 is added to read as

follows:

§ 97.19 Application for a vanity call sign.

(a) A person who has been granted an

operator/primary station license or a

license trustee who has been granted a

club station license is eligible to make

application for modification of the

license, or the renewal thereof, to show

a call sign selected by the vanity call

sign system. RACES and military

recreation stations are not eligible for a

vanity call sign.

(b) Each application for a

modification of an operator/primary or

club station license, or the renewal

thereof, to show a call sign selected by

the vanity call sign system must be

made on FCC Form 610–V. The form

must be submitted with the proper fee

to the address specified in the Private

Radio Services Fee Filing Guide.

(c) Only unassigned call signs that are

available to the sequential call sign

system are available to the vanity call

sign system with the following

exceptions:

(1) A call sign shown on an expired

license is not available to the vanity call

sign system for 2 years following the

expiration of the license.

(2) A call sign shown on a

surrendered, revoked, set aside,

cancelled, or voided license is not

available to the vanity call sign system

for 2 years following the date such

action is taken.

(3) Except for an applicant who is the

spouse, child, grandchild, stepchild,

parent, grandparent, stepparent, brother,

sister, stepbrother, stepsister, aunt,

uncle, niece, nephew, or in-law, and

except for an applicant who is a club

station license trustee acting with the

written consent of at least one relative,

as listed above, of a person now

deceased, the call sign shown on the

license of a person now deceased is not

available to the vanity call sign system

for 2 years following the person’s death,

or for 2 years following the expiration

of the license, whichever is sooner.

(d) Except for an applicant who is the

spouse, child, grandchild, stepchild,

parent, grandparent, stepparent, brother,

sister, stepbrother, stepsister, aunt,

uncle, niece, nephew, or in-law, and

except for an applicant who is a club

station license trustee acting with the

written consent of at least one relative,

as listed above, of a person now

deceased who had been granted the

license showing the call sign requested,

the vanity call sign requested by an

applicant must be selected from the

groups of call signs designated under

the sequential call sign system for the

class of operator license held by the

applicant or for a lower class.

(1) The applicant must request that

the call sign shown on the current

license be vacated and provide a list of

up to 25 call signs in order of

preference.

(2) The first assignable call sign from

the applicant’s list will be shown on the

license grant. When none of those call

signs are assignable, the call sign

vacated by the applicant will be shown

on the license grant.

(3) Vanity call signs will be selected

from those call signs assignable at the

time the application is processed by the

FCC.

5. Section 97.21(a)(3) is revised to

read as follows:
Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Rules and Regulations 7461

§ 97.21 Application for a modified or

renewed license.

(a) * * *

(3) May apply for renewal of the

license for another term. (The FCC may

mail to the licensee an FCC Form 610–

R that may be used for this purpose.)

(i) When the license does not show a

call sign selected by the vanity call sign

system, the application may be made on

FCC Form 610–R if it is received from

the FCC. If the Form 610–R is not

received from the FCC within 30 days

of the expiration date of the license for

an operator/primary station license, the

application may be made on FCC Form

610. For a club, military recreation, or

RACES station license, the application

may be made on FCC Form 610–B. The

application may be submitted no more

than 90 days before its expiration to:

FCC, 1270 Fairfield Road, Gettysburg,

PA 17325–7245. When the application

for renewal of the license has been

received by the FCC at 1270 Fairfield

Road, Gettysburg, PA 17325–7245 prior

to the license expiration date, the

license operating authority is continued

until the final disposition of the

application.

(ii) When the license shows a call sign

selected by the vanity call sign system,

the application must be filed as

specified in § 97.19(b).

* * * * *

[FR Doc. 95–3025 Filed 2–7–95; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 571

[Docket No. 74–09; Notice 39]

RIN 2127–AF39

Federal Motor Vehicle Safety

Standards; Child Restraint Systems

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation.

ACTION: Final rule; response to petitions

for reconsideration.

SUMMARY: In response to petitions for

reconsideration of a February 1994 final

rule, this rule amends labeling

requirements in Federal Motor Vehicle

Safety Standard (FMVSS) 213, Child

Restraint Systems. The final rule

requires each rear-facing infant restraint

system to bear a label warning against

using the restraint in any vehicle seating

position equipped with an air bag. This

document increases the effectiveness of

that warning.

DATES: This rule is effective May 9,

1995.

Petitions for reconsideration of the

rule must be received by March 10,

1995.

ADDRESSES: Petitions for reconsideration

should refer to the docket and number

of this document and be submitted to:

Administrator, Room 5220, National

Highway Traffic Safety Administration,

400 Seventh Street S.W., Washington,

D.C., 20590.

FOR FURTHER INFORMATION CONTACT: Dr.

George Mouchahoir, Office of Vehicle

Safety Standards, National Highway

Traffic Safety Administration, 400

Seventh St., S.W., Washington, D.C.,

20590 (telephone 202–366–4919).

SUPPLEMENTARY INFORMATION:

Background

On February 16, 1994 (59 FR 7643),

NHTSA published a final rule amending

Standard 213. The amendment required,

inter alia, that each add-on child

restraint system designed to be used

while it and its occupant are rearward

facing (referred to as a ‘‘rear-facing

infant restraint’’) bear a label warning

against using the restraint while it is

rearward-facing on any vehicle seat

equipped with an air bag.

For a rear-facing restraint designed to

be used only while rearward facing and

only for infants (referred to below as an

‘‘infant-only restraint’’), the rule

required the warning to state:

WARNING: PLACE THIS RESTRAINT IN A

VEHICLE SEAT THAT DOES NOT HAVE AN

AIR BAG.

For a convertible child restraint (i.e.,

one that is adjustable so that in one

adjustment position, it can be placed on

a seat and used rearward facing by an

infant and in another position, it can be

used forward facing by a toddler), the

rule required the warning to state:

WARNING: WHEN YOUR BABY’S SIZE

REQUIRES THAT THIS RESTRAINT BE

USED SO THAT YOUR BABY FACES THE

REAR OF THE VEHICLE, PLACE THE

RESTRAINT IN A VEHICLE SEAT THAT

DOES NOT HAVE AN AIR BAG.

The rule required the warning to be

placed on a red, yellow or orange

contrasting background so that it would

be conspicuous to the user.

The purpose of the warning is to

reduce the likelihood that an infant

would be injured or possibly killed by

a deploying air bag. The rule explained

why a rear-facing restraint must not be

installed on a seat equipped with an air

bag:

When a rear-facing infant restraint is

placed on a vehicle seat, the restraint’s seat

back projects forward, far in front of the

vehicle seat back. If the vehicle seating

position is a front passenger one equipped

with an air bag, the forward-projecting seat

back of the infant restraint may rest on or be

located close to the part of the vehicle

instrument panel containing the air bag.

Placing a rear-facing restraint on such a

vehicle seat raises a safety concern of the

interaction between those restraints and air

bags. An air bag must inflate quickly to create

a protective cushion that protects occupants

during frontal crashes. The quickly deploying

air bag might injure an infant when it strikes

the seat back of a rear-facing infant restraint.

59 FR at 7643.

Petitions for Reconsideration

NHTSA received timely petitions for

reconsideration from Kolcraft

Enterprises and Jerome Koziatek &

Associates. Evenflo Juvenile Furniture

Company, Century Products Company,

and Ms. Kathy Weber of the University

of Michigan Child Protection Program

(UM–CPP) submitted petitions for

reconsideration after the date such

petitions were due. Under NHTSA’s

procedures for the adoption and

amendment of rules, 49 CFR 553.35,

these petitions were too late to be

considered petitions for reconsideration

and are considered instead petitions for

rulemaking.

All the parties responding to the rule

raised almost identical concerns in their

petitions. None of them disagreed with

the agency’s conclusion in the rule that

a safety need exists for the warning

label, or objected to the rule’s

requirement to place a label on each

affected child restraint. Instead, the

petitioners expressed misgivings about

particular aspects of the wording of the

warning, particularly the warning for

convertible child restraints.

The warning for convertible restraints

was more elaborate than that for infantonly restraints, because convertible

restraints are more complex in design

than infant-only restraints. As noted

above, a convertible restraint is used

rearward-facing with an infant and

forward-facing with a toddler or older

child. An infant must be positioned

rear-facing so that, in a crash, the forces

are spread evenly across the infant’s

back and shoulders, the strongest part of

an infant’s body.

In issuing the final rule, NHTSA was

concerned that consumers might

respond to a warning not to use a

convertible restraint rear-facing with an

air bag by turning the convertible

restraint forward so that the infant is

forward-facing in an air bag equipped

seating position, or by not using any

child restraint at all. To reduce the

likelihood of those responses, NHTSA

adopted a suggestion made in a