Federal Register / Vol. 60, No. 57 / Friday, March 24, 1995 / Rules and Regulations 15489

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 request a hearing with the

Hearing Clerk, at the address given

above (40 CFR 178.20). A copy of the

objections and/or 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 such issues,

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

review by the Office of Management and

Budget (OMB) and the requirements of

the Executive Order. Under section 3(f),

the order defines a ‘‘significant

regulatory action’’ as an action that is

likely to result in 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

referred to 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 the

rights and obligations of recipients

thereof; 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 the Executive

Order, EPA has determined that this

rule is not ‘‘significant’’ and is therefore

not subject to OMB review.

Pursuant to the requirements of the

Regulatory Flexibility Act (Pub. L. 96-

354, 94 Stat. 1164, 5 U.S.C. 601-612),

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: March 16, 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. In § 180.342, by adding new

paragraph (f), to read as follows:

§ 180.342 Chlorpyrifos; tolerances for

residues.

* * * * *

(f) A tolerance of 15 parts per million

is established for residues of the

pesticide chlorpyrifos [O,O-diethyl O-

(3,5,6-trichloro-2-

pyridyl)phosphorothioate] in or on the

raw agricultural commodities oats and

barley when blended together as a

mixture containing not more than 97%

oats and not less than 3% barley.

(1) Such tolerance applies only to oats

that were treated post-harvest with

chlorpyrifos on or before June 15, 1994.

(2) Such tolerance applies only to oats

to be used as animal feed or as a

constituent of animal feed.

(3) Notwithstanding any other

provision of law or regulation, this

tolerance does not authorize the

presence of residues of chlorpyrifos in

any human food item made from such

treated oats, other than residues

resulting from the use of the oats for

animal feed purposes.

(4) Such tolerance expires on

December 31, 1996.

[FR Doc. 95–7451 Filed 3–22-95; 12:28 pm]

BILLING CODE 6560–50–F

40 CFR Part 300

[FRL–5172–7]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of Deletion of the

Radium Chemical Company site from

the National Priorities List.

SUMMARY: The Environmental Protection

Agency (EPA) Region II announces the

deletion of the Radium Chemical

Company site from the National

Priorities List (NPL). The NPL is

Appendix B of 40 CFR part 300, which

is the National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP), which EPA promulgated

pursuant to Section 105 of the

Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA), as amended. EPA and

the State of New York have determined

that all appropriate Hazardous

Substance Response Trust Fund (Fund)-

financed responses under CERCLA have

been implemented and that no further

cleanup is appropriate. Moreover, EPA

and the State of New York have

determined that remedial actions

conducted at the site to date have been

protective of public health, welfare, and

the environment.

EFFECTIVE DATE: March 24, 1995.

ADDRESSES: For further information

contact: Janet Cappelli, Remedial Project

Manager, U.S. Environmental Protection

Agency, Region II, 290 Broadway, 20th

Floor, New York, NY 10007–1866, (212)

637–4270.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is: Radium

Chemical Company site, Woodside,

Queens County, New York.

The closing date for comments on the

Notice of Intent to Delete was December

9, 1994. EPA received no verbal or

written comments.

EPA identifies sites which appear to

present a significant risk to public

health, welfare, or the environment and

it maintains the NPL as the list of those

sites. Sites on the NPL may be the

subject of Fund-financed remedial

actions. Any site deleted from the NPL

remains eligible for Fund-financed

remedial actions in the unlikely event

that conditions at the site warrant such

action. Section 300.66(c)(8) of the NCP

states that Fund-financed actions may

be taken at sites deleted from the NPL.

Deletion of a site from the NPL does not

affect responsible party liability or
15490 Federal Register / Vol. 60, No. 57 / Friday, March 24, 1995 / Rules and Regulations

impede EPA efforts to recover costs

associated with response efforts.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

substances, Hazardous waste,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, and Water supply.

Dated: February 24, 1995.

William J. Muszynski,

Acting Regional Administrator.

40 CFR part 300 is amended as

follows:

PART 300—[AMENDED]

1. The authority citation for part 300

continues to read as follows:

Authority: 42 U.S.C. 9601–9657; 33 U.S.C.

1321(d); E.O. 11735, 38 FR 21243; E.O.

12580, 52 FR 2923; E.O. 12777, 56 FR 54757.

Appendix B [Amended]

2. Table 1 of appendix B to part 300

is amended by removing the Radium

Chemical Company site, Woodside,

New York.

[FR Doc. 95–6769 Filed 3–23–95; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 22 and 90

[GN Docket No. 94–90, FCC 95–98]

Eligibility for the Specialized Mobile

Radio Services and Radio Services in

the 220–222 MHz Land Mobile Band

and Use of Radio Dispatch

Communications

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In this Report and Order

(Order), the Commission eliminates

rules that prohibit wireline telephone

carriers from holding licenses in the

Specialized Mobile Radio (SMR) service

and the commercial 220–222 MHz land

mobile band. The Order also eliminates

the prohibition on the provision of

dispatch service by cellular licensees,

other licensees in the Public Mobile

Services, and licensees in the Personal

Communications Services (PCS). After

reviewing the record, the Commission

finds that these restrictions no longer

serve the public interest and should be

eliminated.

EFFECTIVE DATES: Sections 22.577 and

22.901 rule changes will be effective

April 24, 1995. Sections 90.603 and

90.703 rule changes will be effective

March 24, 1995.

FOR FURTHER INFORMATION CONTACT:

Sue McNeil, Wireless

Telecommunications Bureau,

Commercial Radio Division, (202) 418–

0620.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Order in

GN Docket No. 94–90, adopted March 7,

1995 and released March 7, 1995. The

full text of Commission decisions are

available for inspection and copying

during normal business hours in the

FCC Docket Branch (Room 230), 1919 M

Street, N.W., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Service, Inc., (202) 857–

3800, 2100 M Street, N.W., Washington,

DC 20037.

Synopsis of the Report and Order

I. Background

1. When the Commission established

the SMR service in 1974, it elected to

prohibit wireline telephone common

carriers from holding SMR base station

licenses. The Commission has stated

that the wireline prohibition was

intended to ensure that the provision of

SMR service would be available as a

business opportunity for small

entrepreneurs and to reduce incentives

for wireline common carriers to engage

in discriminatory interconnection

practices. In 1986, the Commission

proposed to eliminate the SMR

restriction after receiving several

requests from wireline carriers for

waiver of Section 90.603(c). The

Commission observed that the original

rationale for establishing the restriction

may no longer apply. The Commission

subsequently granted several

conditional waivers to wireline carriers

seeking to acquire SMR stations.

2. In 1992, the Commission

terminated the proceeding on grounds

that the record had become stale and

stated that the restriction should be

retained until the Commission could

more fully evaluate the competitive

impact of allowing wireline providers

into the SMR marketplace. The

Commission terminated all waivers that

had been previously granted, but gave

waiver recipients an opportunity to

rejustify their waiver grants.

Southwestern Bell Corporation

(Southwestern Bell), Bell Atlantic

Enterprises International Inc. (Bell

Atlantic), and US West Paging, Inc. (US

West) filed requests to rejustify the

waiver grants that had been terminated

pursuant to the Termination Order (57

Fed. Reg. 32450 (July 22, 1992)). In

addition, RAM Mobile Data USA

Limited (RAM Mobile), Cass Cable TV,

Inc. (Cass Cable), and American Paging,

Inc. (API) subsequently have sought

waivers of the wireline prohibition. The

Commission issued a public notice

requesting public comment regarding

the waiver requests on April 12, 1994.

In addition, BellSouth has filed an

appeal of the Commission’s Termination

Order, which is pending before the D.C.

Circuit.

3. In 1991, the Commission adopted

an analogous restriction for the newly

established commercial 220 MHz

service that prevents wireline carriers

from holding licenses in that service as

well. The Commission’s rationale for

excluding wireline carriers from 220

MHz was the same as its original

rationale for excluding wireline carriers

from SMR licensing.

4. The Omnibus Budget

Reconciliation Act of 1993 (Budget Act)

amended the Communications Act and

prescribed comprehensive regulatory

changes for the mobile services

marketplace. The legislative history of

the Budget Act identified the

Commission’s ban against wireline

carriers holding SMR licenses as a

regulation that should be reviewed by

the Commission. The Commission thus

proposed to eliminate its restrictions

that prohibit wireline telephone

common carriers from holding SMR and

commercial 220 MHz licenses on the

grounds that the restrictions may no

longer be necessary and that

competition would be promoted by their

elimination.

5. At the same time, the Commission

also proposed to eliminate the

prohibition on the provision of dispatch

service by common carriers, including

cellular licensees, other licensees in the

Public Mobile Service, and PCS

licensees. The prohibition, which was

originally enacted by Congress as part of

the 1982 amendments to the

Communications Act, prohibited

common carriers licensed after January

1, 1982, including all cellular licensees,

from offering dispatch services. In the

Budget Act, Congress retained the

statutory ban, thus potentially applying

it to all CMRS providers, but granted the

Commission authority to repeal the ban

by regulation in whole or in part. In the

Notice of Proposed Rule Making (59

Fed. Reg. 42563 (Aug. 18, 1994)), the

Commission tentatively concluded that

the prohibition was outdated and that

its repeal would promote competition.

Thirty-two (32) comments and twelve

(12) reply comments were filed in

response to the proposals in this

proceeding.