Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Rules and Regulations 15683

CFR part 2641—Post-Employment

Conflict of Interest Restrictions.

EFFECTIVE DATE: March 27, 1995.

FOR FURTHER INFORMATION CONTACT:

Henry N. Williams, General Counsel,

Selective Service System, 1515 Wilson

Blvd., Arlington, VA 22209–2425.

Phone (703) 235–2050.

SUPPLEMENTARY INFORMATION:

Administrative Procedure Act

Pursuant to 5 U.S.C. 553 (b) and (d),

I find good cause exists for waiving the

general notice of proposed rulemaking

and 30-day delay in effectiveness as to

this rule. The notice and delayed

effective date are being waived because

the removal of 32 CFR part 1690 is

indicated by 1 CFR part 8 because it is

obsolete.

Executive Order 12866

In promulgating this rule, I have

adhered to the regulatory philosophy

and the applicable principles of

regulation set forth in section 1 of

Executive Order 12866, Regulatory

Planning and Review. This amendment

has not been reviewed by the Office of

Management and Budget under that

Executive order, as it is not deemed

‘‘significant’’ thereunder.

Regulatory Flexibility Act

I certify under the Regulatory

Flexibility Act (5 U.S.C. chapter 6) that

this rulemaking will not have a

significant economic impact on a

substantial number of small entities.

Paperwork Reduction Act

The Paperwork Reduction Act (44

U.S.C. chapter 35) does not apply

because this rulemaking does not

contain information collection

requirements that require the approval

of the Office of Management and

Budget.

List of Subjects in 32 CFR Part 1690

Conflict of interests, Government

employees.

Dated: March 16, 1995.

Gil Coronado,

Director of Selective Service.

PART 1690—[REMOVED AND

RESERVED]

For the reasons set out in the

preamble, and under the authority of

Title V, sec. 501(a), Pub. L. 95–521, as

amended, 92 Stat. 1864; and secs. 1 and

2, Pub. L. 96–28, 93 Stat. 76 (18 U.S.C.

207); and 5 CFR part 737, part 1690 is

removed and reserved.

[FR Doc. 95–7217 Filed 3–24–95; 8:45 am]

BILLING CODE 8015–01–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 180 and 186

[PP 1F3952, PP 1F3985, PP 2F4100, and

FAP 1H5607/R2120; FRL–4945–8]

RIN 2070–AB78

Lambda-Cyhalothrin; Pesticide

Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule establishes

tolerances for residues of the synthetic

pyrethroid lambda-cyhalothrin in or on

the raw agricultural commodities

(RACs) tomatoes, cabbage, broccoli,

head lettuce, dry bulb onion, and garlic

and in or on the processed food/feed

tomato pomaces. Zeneca, Inc., requested

this regulation to establish maximum

permissible levels for residues of the

insecticide.

EFFECTIVE DATE: This regulation

becomes effective March 27, 1995.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [PP 1F3952,

PP 1F3985, PP 2F4100, and FAP

1H5607/R2120], may be submitted to:

Hearing Clerk (1900), Environmental

Protection Agency, Rm. M3708, 401 M

St., SW., Washington, DC 20460. A copy

of any objections and hearing requests

filed with the Hearing Clerk should be

identified by the document control

number and submitted to: Public

Response and Program Resources

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460. In

person, bring copy of objections and

hearing requests to Rm. 1132, CM #2,

1921 Jefferson Davis Hwy., Arlington,

VA 22202. Fees accompanying

objections shall be labeled ‘‘Tolerance

Petition Fees’’ and forwarded to: EPA

Headquarters Accounting Operations

Branch, OPP (Tolerance Fees), P.O. Box

360277M, Pittsburgh, PA 15251.

FOR FURTHER INFORMATION CONTACT: By

mail: George T. LaRocca, Product

Manager (PM) 13, Registration Division

(7505C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location and telephone number:

Second Floor, Crystal Mall #2, 1921

Jefferson Davis Highway, Arlington, VA

22202, (703)-305-6100; e-mail:

LaRocca.George@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued notices, published in the Federal

Registers of April 3, 1991 (56 FR 13642),

December 13, 1991 (56 FR 65080), and

June 10, 1992 (57 FR 24644), which

announced that Zeneca, Inc., (formerly

ICI Americas, Inc.), 1800 Concord Pike,

Wilmington, DE 19897, had submitted

pesticide petitions (PPs) 1F3952,

1F3985, 2F4100 and food/feed additive

petition (FAP) 1H5607 to EPA

requesting that the Administrator,

pursuant to sections 408(d) and 409(b)

of the Federal Food, Drug, and Cosmetic

Act (FFDCA), 21 U.S.C. 346a(d) and

348(b), establish tolerances for residues

of the insecticide lambda-cyhalothrin

[1-α-(S),3-2-α-(Z)]-(±)-cyano-(3-

phenoxyphenyl)methyl 3-(2-chloro3,3,3-trifluoro-1-propenyl)-2,2-

dimethylcyclopropanecarboxylate] in or

on the raw agricultural commodities

(RACs) tomatoes at 0.06 part per million

(ppm); cabbage at 0.4 ppm; broccoli at

0.4 ppm; lettuce (head) fresh, with

wrapper leaves at 2.0 ppm; lettuce

(head) fresh, without wrapper leaves at

0.3 ppm; dry bulb onions and garlic at

0.1 ppm; tomato pomaces (wet) at 0.6

ppm; and tomato pomaces (dry) at 4.0

ppm. EPA considers lettuce with

wrapper leaves as the raw agricultural

commodity not without wrapper leaves.

Therefore, a proposed tolerance of 2.0

ppm for lettuce (head) is the correct

commodity definition for tolerance

purposes.

On June 29, 1994, Zeneca, Inc.,

requested that certain petitions be

amended by increasing the proposed

tolerances for the RAC tomatoes (PP

1F3952) to 0.1 and by deleting the

proposed tolerance on wet tomato

pomace (1H5607) since there is no

distinction between wet and dry

pomace, and increasing the proposed

feed additive tolerance to 6.0 ppm for

tomato pomaces. (See the Federal

Register of August 24, 1994 (59 FR

43580).)

Currently, tolerances for lambdacyhalothrin have been established as

combined residues of parent and its

epimer without expressing the chemical

identification of the epimer since an

analytical method to distinguish parent

from epimer was not available at the

time. There are now validated methods

to distinguish parent from epimer, and

the tolerances will now be expressed as

the combined residues of lambdacyhalothrin and its epimer. In addition,

EPA has concluded that although the

Chemical Abstract Services (CAS)

names for lambda-cyhalothrin and its

epimer are more compact, to a chemist

the structures are more easily derived

from the IUPAC names. Therefore, the

IUPAC nomenclature will replace the

CAS names in this and future

regulations for lambda-cyhalothrin. The
15684 Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Rules and Regulations

correct IUPAC names for lambdacyhalothrin and its epimer are as

follows: Lambda-cyhalothrin, a 1:1

mixture of (S)-α-cyano-3-

phenoxybenzyl-(Z)-(1R,3R)-3- (2-chloro3,3,3-trifluoroprop-1-enyl) -2,2-

dimethylcyclopropanecarboxylate and

(R)-α-cyano-3-phenoxybenzyl-(Z)-

(1S,3S) -3-(2-chloro-3,3,3-trifluoroprop1-enyl)-2,2-

dimethylcyclopropanecarboxylate.

Epimer of lambda-cyhalothrin, a 1:1

mixture of (S)-α-cyano-3-

phenoxybenzyl-(Z)-(1S,3S)-3-(2-chloro3,3,3- trifluoroprop-1-enyl)-2,2-

dimethylcyclopropanecarboxylate and

(R)-α -cyano-3-phenoxybenzyl-(Z)-

(1R,3R)-3-(2-chloro-3,3,3-trifluoroprop1-enyl)-2,2-

dimethylcyclopropanecarboxylate.

The scientific data submitted in the

petition and other relevant material

have been evaluated. The toxicological

data considered in support of the

tolerance include:

1. A metabolism study in rats

demonstrated that distribution patterns

and excretion rates in multiple oral dose

studies are similar to single-dose

studies. Accumulation of unchanged

compound in fat upon chronic

administration. Otherwise, rapidly

metabolized and excreted.

2. A 12-month feeding study in dogs

fed dose (by capsule) levels of 0, 0.1,

0.5, 3.5 milligrams(mg)/kilogram (kg)/

day with a no-observed-effect level

(NOEL) of 0.1 mg/kg/day. The lowestobserved-effect-level (LOEL) for this

study is established at 0.5 mg/kg/day

based upon clinical signs of

neurotoxicity ataxia, muscle tremors,

convulsions.

3. A developmental toxicity study in

rats given gavage doses of 0, 5, 10, and

15 mg/kg/day with no developmental

toxicity observed under the conditions

of the study. Developmental NOEL is

greater than 15 mg/kg/day. Maternal

NOEL and LOEL are established at 10

and 15 mg/kg/day, respectively.

Reduced body weight and food

consumption were observed during the

dosing period.

4. A developmental toxicity study in

rabbits given gavage doses of 0, 3, 10,

and 30 mg/kg/day with no

developmental toxicity observed under

the conditions of the study. The

maternal NOEL and LOEL are

established at 10 and 30 mg/kg/day,

respectively (decreased body weight

gain was observed during the dosing

period). The developmental NOEL is 30

mg/kg/day (highest dose tested).

5. A three-generation reproduction

study in rats fed diets containing 0, 10,

30, and 100 ppm with no developmental

toxicity observed at 100 ppm, highest

dose tested. The maternal NOEL and

LOEL for the study are established at 30

(1.5 mg/kg/day) and 100 ppm (5 mg/kg/

day), respectively, based upon

decreased parental body weight gain.

The reproductive NOEL and LOEL are

established at 30 (1.5 mg/kg/day) and

100 ppm (5 mg/kg/day), respectively,

based on decreased pup weight gain

during weaning.

6. A 24-month chronic feeding/

carcinogenicity study with rats fed diets

containing 0, 10, 50, and 250 ppm. The

NOEL was established at 50 ppm and

LOEL at 250 ppm. Reduced body weight

gain was observed at 250 ppm in both

sexes throughout the study. The animals

could have tolerated higher dose levels;

however, the Agency considered the

high dose to be approaching an

adequate dose for a negative

carcinogenicity study. There were no

carcinogenic effects observed under the

conditions of the study.

7. A carcinogenicity study in mice fed

dose levels of 0, 20, 100, or 500 ppm (0,

3, 15, or 75 mg/kg/day) in the diet for

2 years. A systemic NOEL was

established at 100 ppm and systemic

LOEL at 500 ppm based on decreased

body weight gain in males throughout

the study at 500 ppm. The Agency has

determined that the chemical was not

tested at a sufficiently high dose level

for carcinogenicity testing in female

mice. In addition, due to an equivocal

finding for mammary tumors in females

(1/52, 0/52, 7/52, 6/52), the Agency

classified the chemical as a Group D

carcinogen.

8. The following genotoxicity tests

were negative: a gene mutation assay

(Ames), a chromosomal aberration study

in rodents, an in vito cytogenetics assay,

and a gene mutation study in

Lymphoma cells.

The acceptable Reference Dose (RfD)

based on a NOEL of 0.1 mg/kg/body

weight/day from the chronic dog study

and a safety factor of 100 is 0.001 mg/

kg/body weight/day. A chronic dietary

exposure/risk assessment has been

performed for lambda-cyhalothrin using

the above RfD. Available information on

anticipated residues and percent crop

treated was incorporated into the

analysis to estimate the Anticipated

Residue Contribution (ARC). The ARC is

generally considered a more realistic

estimate than an estimate based on

tolerance level residues. The ARC from

established tolerances and the current

and pending actions are estimated to be

0.000192 mg/kg/bwt/day and utilize

19.24 per cent of the RfD for the U.S.

population. The ARC for children, aged

1 to 6 years old, and nonnursing infants

(subgroups most highly exposed)

utilizes 32 and 58 percent of the RfD,

respectively. Generally speaking, the

Agency has no cause for concern if

anticipated residues contribution for all

published and proposed tolerances is

less than the RfD.

The metabolism of the chemical in

plants and livestock is adequately

understood for this use. Any secondary

residues occurring in meat and meat by

products will be covered by the existing

tolerances. There is no reasonable

expectation of finite residues in poultry

commodities; therefore, no tolerances

are necessary at this time.

An adequate analytical method (gas

liquid chromatography with an electron

capture detector) is available for

enforcement purposes. The enforcement

methodology has been submitted to the

Food and Drug Administration for

publication in the Pesticide Analytical

Manual, Vol. II (PAM II). Because of the

long lead time for publication of the

method in PAM II, the analytical

methodology is being made available in

the interim to any one interested in

pesticide enforcement when requested

from: Calvin Furlow, Public Response

and Program Resources Branch, Field

Operations Divisions (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St.,

Washington, DC 20460. Office location

and telephone number: Rm. 1132, CM

#2, 1921 Jefferson Davis Hwy.,

Arlington VA 22202, (703)-305-5232.

The Agency issued a conditional

registration for lambda-cyhalothrin for

use on cotton with an expiration date of

August 30, 1990 (see the Federal

Register of May 24, 1988 (53 FR 18558)).

The conditional registration was

subsequently amended and extended to

November 15, 1996 ((see the Federal

Register of February 22, 1995 (60 FR

9783)). The registrations were amended

and extended to allow time for

submission and evaluation of additional

environmental effects data. In order to

evaluate the effects of the synthetic

pyrethroids on fish and aquatic

organisms and its fate in the

environment, additional data were

required to be collected and submitted

during the period of conditional

registration. Such requirements

included a sediment bioavailability and

toxicity study and a small-plot runoff

study that must be submitted to the

Agency by July 1, 1996. Due to the

conditional status of the registration,

tolerances have been established for

lambda-cyhalothrin on a temporary

basis (until November 15, 1997) on

cottonseed, meat, fat and meatbyproducts of hogs, horses, cattle, goats,

sheep and milk to cover residues

expected to be present from use during

the period of conditional registration.
Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Rules and Regulations 15685

To be consistent with the conditional

registration status of lambda-cyhalothrin

on cotton the Agency is establishing

these tolerances with an expiration date

of November 15, 1997.

There are currently no actions

pending against the continued

registration of this chemical. The

pesticide is considered useful for the

purposes which it is sought, and the

pesticide is considered capable of

achieving the intended physical or

technical effect. Based on the

information and data considered, the

Agency has determined that the

tolerances for the RACs will protect the

public health and are in accordance

with the terms of the proposed food

additive tolerance for tomato pomaces

and will be safe. Therefore, tolerances

are established 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

to the regulation and may also request

a hearing on those objections.

Objections and hearing requests must be

filed 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 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, October 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 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 Parts 180 and

186

Environmental Protection,

Administrative practice and procedure,

Agricultural commodities, Feed

additives, Pesticides and pests,

Reporting and recordkeeping

requirements.

Dated: March 21, 1995.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, chapter I of Title 40 of the

Code of Federal Regulations is amended

as follows:

PART 180—[AMENDED]

1. In part 180:

a. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

b. By revising § 180.438, to read as

follows:

§ 180.438 Lambda-cyhalothrin; tolerances

for residues.

Tolerances to expire on November 15,

1997, are established for the combined

residues of the pyrethroid lambdacyhalothrin and its epimer expressed as:

Lambda-cyhalothrin, a 1:1 mixture of

(S)-α-cyano-3-phenoxybenzyl-(Z)-

(1R,3R)-3-(2-chloro-3,3,3- trifluoroprop1-enyl)-2,2-

dimethylcyclopropanecarboxylate and

(R)-α-cyano-3-phenoxybenzyl-(Z)-

(1S,3S)-3-(2-chloro-3,3,3- trifluoroprop1-enyl)-2,2-

dimethylcyclopropanecarboxylate and

its epimer expressed as epimer of

lambda-cyhalothrin, a 1:1 mixture of

(S)-α-cyano-3-phenoxybenzyl-(Z)-

(1S,3S)-3-(2-chloro-3,3,3-trifluoroprop1-enyl)-2,2-

dimethylcyclopropanecarboxylate and

(R)-α-cyano-3- phenoxybenzyl-(Z)-

(1R,3R)-3-(2-chloro-3,3,3- trifluoroprop1-enyl)-2,2-

dimethylcyclopropanecarboxylate, in or

on the following raw agricultural

commodities:

Commodity Parts per

million

Broccoli ..................................... 0.4

Cabbage ................................... 0.4

Cattle, fat .................................. 0.02

Cattle, meat .............................. .01

Cattle, mbyp .............................. .01

Cottonseed ................................ 0.05

Dry bulb onion .......................... 0.1

Garlic ......................................... 0.1

Goats, fat .................................. 0.02

Goats, meat .............................. .01

Goats, mbyp ............................. .01

Hogs, fat ................................... .01

Hogs, meat ............................... .01

Hogs, mbyp ............................... .01

Horses, fat ................................ 0.02

Horses, meat ............................ .01

Horses, mbyp ............................ .01

Lettuce, head ............................ 2.0

Milkfat (reflecting 0.01 ppm in

whole milk) ............................ 0.25

Sheep, fat ................................. 0.02

Sheep, meat ............................. .01

Sheep, mbyp ............................. .01

Tomatoes .................................. 0.1

PART 186—[AMENDED]

2. In part 186:

a. The authority citation for part 186

continues to read as follows:

Authority: 21 U.S.C. 348.

b. By adding new § 186.3765, to read

as follows:

§ 186.3765 Lambda-cyhalothrin.

A tolerance to expire on November

15, 1997, of 6.0 parts per million is

established for residues of the

insecticide lambda-cyhalothrin and its

epimer expressed as: Lambdacyhalothrin, a 1:1 mixture of (S)-αcyano-3-phenoxybenzyl-(Z)-(1R,3R)-3-

(2-chloro-3,3,3 trifluoroprop-1-enyl)-2,2-

dimethylcyclopropanecarboxylate and
15686 Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Rules and Regulations

(R)-α-cyano-3-phenoxybenzyl-(Z)-

(1S,3S)-3-(2-chloro-3,3,3 trifluoroprop1-enyl)- 2,2-

dimethylcyclopropanecarboxylate and

its epimer, a 1:1 mixture of (S)-α-cyano3-phenoxybenzyl-(Z)-(1S,3S)-3-(2-

chloro-3,3,3 trifluoroprop-1-enyl)- 2,2-

dimethylcyclopropanecarboxylate and

(R)-α-cyano- 3-phenoxybenzyl-(Z)-

(1R,3R)-3-(2-chloro-3,3,3 trifluoroprop1-enyl)-2,2-

dimethylcyclopropanecarboxylate in

tomato pomace (dry, wet) resulting from

application of the insecticide to

tomatoes.

[FR Doc. 95–7586 Filed 3–23–95; 11:47 am]

BILLING CODE 6560–50–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 2, 80, and 97

[ET Docket No. 93–40; FCC 95–113]

Allocation of the 219–220 MHz Band

for Use by the Amateur Radio Service

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: By this Report and Order

(Order), the Commission establishes

regulations for amateur point-to-point

fixed digital message forwarding

systems, including intercity packet

backbone networks. This action

provides the Amateur Radio Service use

of the 219–220 MHz band on a

secondary basis.

EFFECTIVE DATE: April 26, 1995.

FOR FURTHER INFORMATION CONTACT:

Thomas P. Derenge, (202) 776–1621,

Office of Engineering and Technology,

Federal Communications Commission,

Washington, DC 20554.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Order

adopted March 14, 1995, and released

March 17, 1995. A Summary of the

Notice of Proposed Rule Making

initiating this proceeding may be found

at 58 FR 17180 (April 1, 1993). This

action will not add to or decrease the

public reporting burden. The full text of

the Commission decision is available for

inspection and copying during regular

business hours in the FCC Reference

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

Washington, DC. The complete text of

this decision also may be purchased

from the Commission’s duplication

contractor, International Transcription

Services, Inc., (202) 857–3800, 2100 M

Street NW., Suite 140, Washington, DC

20037.

Summary of Order

The Order adopts rules that include a

spectrum allocation on a secondary

basis, safeguards to protect other

services from interference, and technical

standards for amateur operations in the

219–220 MHz band. This action is

expected to provide spectrum to the

amateur radio service for point-to-point

fixed digital message forwarding

systems, including intercity packet

backbone networks. The spectrum is

needed to alleviate frequency

congestion that amateurs are

experiencing in certain areas of the

country in the 222–225 MHz band and

to facilitate establishment of regional

and nationwide backbone networks for

amateur packet communications. These

networks could also be used for

emergency preparedness and national

defense communications. Amateur may

also use this spectrum to develop and

experiment with new technologies to

further the radio art. Additionally, the

rules adopted should prevent harmful

interference to the primary services on

and adjacent to the 219–220 MHz band.

2. Specifically, in the Order the

Commission allocated ten 100 kilohertz

channels from 219 MHz to 220 MHz.

Amateur operations at 219–220 MHz are

authorized to operate at powers up to 50

watts (PEP) without data rate

limitations. This band is restricted to

amateurs holding Technician or higher

class licenses.

3. The secondary status of the

allocation prohibits amateur operations

from causing interference to primary

services. However, it does not protect

secondary amateur operations from

interference. The Order also protects

Automated Maritime

Telecommunications Service (AMTS) by

requiring amateurs to notify AMTS

licenses 30 days prior to initiation of

operations if the amateur operation is

within 640 kilometers of an AMTS base

station. Additionally, amateur stations

within 80 kilometers of an AMTS base

station must obtain written approval

from the AMTS licensee prior to

operating in the 219–220 MHz band.

4. Amateurs wishing to utilize the

219–220 MHz band must notify the

American Radio Relay League (ARRL)

30 days prior to institution of operation.

The ARRL will maintain a database of

all amateur and AMTS operations in the

219–220 MHz band. Therefore, the

ARRL database would serve as a

nationwide point of contact to provide

coordination information and to aid in

investigation of interference problems,

in the unlikely event such problems

occur. Amateur operators are

encouraged to seek coordination

assistance from a local amateur

coordinator.

5. Ordering Clauses. Accordingly, it is

ordered, that the American Radio Relay

League, Inc. is designated as the

national contact point for all amateur

operations in the 219–220 MHz band

and is responsible for maintaining a

database of all amateur operations in the

219–220 MHz band as well as any other

primary service operating in that band.

6. Further, it is ordered, that Parts 2,

80, and 97 of the Commission’s rules

ARE AMENDED as specified below,

effective April 26, 1995. This action is

taken pursuant to Sections 4(i), 7(a),

302, 303(c), 303(f), 303(g), 303(r), and

307 of the Communications Act of 1934,

as amended, 47 U.S.C. Sections 154(i),

157(a), 302, 303(c), 303(f), 303(g), and

303(r).

List of Subjects

47 CFR Part 2

Radio.

47 CFR Part 80

Radio, Vessels.

47 CFR Part 97

Radio, Civil defense, Reporting and

recordkeeping requirements,

Volunteers.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Amendatory Text

Parts 2, 80, and 97 of chapter I of title

47 of the Code of Federal Regulation are

amended as follows:

PART 2—FREQUENCY ALLOCATIONS

AND RADIO TREATY MATTERS;

GENERAL RULES AND REGULATIONS

1. The authority citation in part 2

continues to read:

Authority: Sec.4, 302, 303, and 307 of the

Communications Act of 1934, as amended,

47 U.S.C. Sections 154, 302, 303, and 307,

unless otherwise noted.

2. Section 2.106, the Table of

Frequency Allocations, is amended as

follows:

a. In the 216–220 MHz band, columns

4 through 6 in the United States table

are revised:

b. Non-Government footnote NG152 is

added:

§ 2.106 Table of Frequency Allocations.

* * * * *