21378 Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Rules and Regulations

ARIZONA—PM–10—Continued

Designated Area

Designation Classification

Date Type Date Type

Townships:

T11S, R9E

T11S, R10E

T11S, R11E

T11S, R12E

T12S, R8E

T12S, R9E

T12S, R10E

T12S, R11E

T12S, R12E

Pima County

Ajo planning area ........................................................................................ 11/15/90 Nonattainment ...... 11/15/90 Moderate.

Township T12S, R6W, and the following sections of Township T12S,

R5W:

a. Sections 6–8

b. Sections 17–20, and

c. Sections 29–32

Maricopa and Pinal Counties

Phoenix planning area ................................................................................ 11/15/90 Nonattainment ...... 6/10/96 Serious.

The rectangle determined by, and including—

T6N, R3W

T6N, R7E

T2S, R3W

T2S, R7E

T1N, R8E

Yuma County:

Yuma planning area .................................................................................... 11/15/90 Nonattainment ...... 11/15/90 Moderate.

Townships:

T7S-R21W, R22W;

T8S-R21W, R22W, R23W, R24W

T9S-R21W, R22W, R23W, R24W, R25W;

T10S-R21W, R22W, R23W, R24W, R25W

Pinal and Gila Counties:

Hayden/Miami planning area ...................................................................... 11/15/90 Nonattainment ...... 11/15/90 Moderate.

Townships: T4S, R16E T5S, R16E T6S, R16E plus the portion of

Township T3S, R16E that does not lie on the San Carlos Indian

Reservation, and the rectangle formed by, and including, Townships

T1N, R13E

T1N, R15E

T6S, R13E

T6S, R15E

Gila County (part):

Payson: T10N, Sections 1–3, 10–15, 22–27, and 34–36 of R9E; T11N,

Sections 1–3, 10–15, 22- 27, and 34–36 of R9E; T10–11N, R10E;

T10N, Sections 4–9, 16–21, and 28–33 of R11E; T11N, Sections 4–9,

16–21, and 28–33 of R11E..

1/20/94 Nonattainment ...... 1/20/94 Moderate.

Mohave County (part):

Bullhead City: T21N, R20–21W, excluding Lake Mead National Recreation Area; T20N, R20- 22W; T19N, R21–22W excluding Fort Mohave

Indian Reservation..

1/20/94 Nonattainment ...... 1/20/90 Moderate.

Rest of State ............................................................................................... 11/15/90 Unclassifiable.

* * * * *

[FR Doc. 96–11736 Filed 5–9–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 180

[PP 9F3714/R2214; FRL–5354–1]

RIN 2070–AB78

Fenoxaprop-Ethyl; Extension of Study

Due Date and Time-Limited Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule extends the timelimited tolerances for fenoxaprop-ethyl

from April 12, l996 to November 1, l997.

This time extension was requested by

AgrEvo USA Company to coordinate a

delay in initiation of a repeat

oncogenicity study required to change

the interim (time-limited) tolerances,

required for the use of fenoxaprop-ethyl

in the culture of wheat, to permanent

tolerances. The originial petitioner was

Hoechst Celanese Corp. of North

Somerville, NJ 08876. In l994 Hoechst

Celanese Corp. and NOR-AM Chemical

formed a partnership Company, AgrEvo

USA Company; and AgrEvo USA
Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Rules and Regulations 21379

Company became the registrant of

fenoxaprop-ethyl pesticide products.

EFFECTIVE DATE: May 10, 1996.

ADDRESSES: Written objections and

hearing requests, identified by the

docket number [PP 9F3714/R2214] 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 docket

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 copies of objections and

hearing requests to: Rm. 1132, CM #2,

1921 Jefferson Davis Highway,

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.

A copy of objections and hearing

requests filed with the Hearing Clerk

may also be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Copies of

objections and hearing requests must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Copies of objections and

hearing requests will also be accepted

on disks in WordPerfect 5.1 file format

or ASCII file format. All copies of

objections and hearing requests in

electronic form must be identified by

the docket number [PP 9F3714/R2214].

No Confidential Business Information

(CBI) should be submitted through email. Electronic copies of objections and

hearing requests on this rule may be

filed online at many Federal Depository

Libraries. Additional information on

electronic submissions can be found

below in this document.

FOR FURTHER INFORMATION CONTACT: By

mail: Joanne Miller (PM 23),

Registration Division (7505C), Office of

Pesticide Programs, U. S. Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. Office location

and telephone number: Rm. 237, CM #2,

1921 Jefferson Davis Hwy., Arlington,

VA 22202, (Telephone No. (703–305–

6226), e-mail:

miller.joanne@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: Interim

tolerances that expire April 12, l996

were established for residues of

fenoxaprop-ethyl on August 15, l991.

The petitioner, Hoechst Celanese Corp.,

agreed to submitting a repeat mouse

oncogenicity study within 4 years from

the date of registration of fenoxapropethyl pesticide products for use in the

culture of wheat. The due date for the

study data became April 12, l996, 4

years and 8 months from the date of first

registration of fenoxaprop-ethyl in the

culture of wheat. The added 8 months

were to allow adequate time for the

Agency’s review of the study. The

initiation of the mouse oncogenicity

study was delayed due to the Agency’s

requirement for a repeat range finding

study. The time line for submitting the

study was extended to November 1, l996

to coordinate it with the time required

for reviewing the range finding study.

Considering the time required to review

the study, the present action extends the

time-limited tolerances to November 1,

l997. The time alloted for Agency

review of the study is presently 12

months. There is no information and

experience with the pesticide that

indicate that this action would pose

significant risk to public health.

A ‘‘Notice of Filing’’ a request to

amend pesticide petition (PP) 9F3714 by

proposing to amend 40 CFR 180.430 to

extend the time-limited tolerances for

residues of the herbicide Fenoxyapropethyl was published on in the Federal

Register on April 3, 1996 (61 FR 14772–

14773) (FRL–5358–4). There were no

substantive responses to the notice.

Only a typographical error was noted

from the public. That error is corrected

in the present Final rule.

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).

EPA has established a record for this

rulemaking under docket number [PP

9F3714/R2214] (including any

comments and data submitted

electronically). A public version of this

record, including printed, paper

versions of electronic comments, which

does not include any information

claimed as CBI, is available for

inspection from 8 a.m. to 4:30 p.m.,

Monday through Friday, excluding legal

holidays. The public record is located in

Room 1132 of the Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, Crystal Mall #2,

1921 Jefferson Davis Highway,

Arlington, VA.

Electronic comments may be sent

directly to EPA at:

opp-docket@epamail.epa.gov .

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption.

The official record for this

rulemaking, as well as the public

version, as described above will be kept

in paper form. Accordingly, EPA will

transfer any copies of objections and

hearing requests received electronically

into printed, paper form as they are

received and will place the paper copies

in the official rulemaking record which

will also include all comments

submitted directly in writing. The

official rulemaking record is the paper

record maintained at the address in

‘‘ADDRESSES’’ at the beginning of this

document.

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
21380 Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Rules and Regulations

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 Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: April 29, 1996.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, 40 CFR, chapter I, 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 § 180.430 by revising paragraph

(b) to read as follows:

§ 180.430 Fenoxaprop-ethyl; tolerances for

residues.

* * * * *

(b) Time-limited tolerances, to expire

November 1, 1997, are established for

the combined residues of the herbicide

fenoxaprop-ethyl [(±) ethyl 2-[4-[(6-

chloro-2-

benzoxazolyl)oxy]phenoxy]propanoate]

and its metabolites [2-[4-[(6-chloro-2-

benzoxazoly)oxy]phenoxy]propanoic

acid and 6-chloro-2,3-

dihydrobenzoxazol-2-one], each

expressed as fenoxaprop-ethyl, in or on

the following raw agricultural

commodities:

Commodities Parts per

million

Cattle, fat .................................. 0.05

Cattle, meat .............................. 0.05

Cattle, mbyp .............................. 0.05

Goats, fat .................................. 0.05

Goats, meat .............................. 0.05

Goats, mbyp ............................. 0.05

Hogs, fat ................................... 0.05

Hogs, meat ............................... 0.05

Hogs, mbyp ............................... 0.05

Horses, fat ................................ 0.05

Horses, meat ............................ 0.05

Horses, mbyp ............................ 0.05

Milk ............................................ 0.02

Sheep, fat ................................. 0.05

Sheep, meat ............................. 0.05

Sheep, mbyp ............................. 0.05

Wheat, grain ............................. 0.05

Wheat, straw ............................. 0.05

[FR Doc. 96–11338 Filed 5–09–96; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 22 and 90

[WT Docket No. 96–18; PP Docket No. 93–

253; FCC 96–183]

Future Development of Paging

Systems and Implementation of

Section 309(j) of the Communications

Act; Competitive Bidding

AGENCY: Federal Communications

Commission.

ACTION: Interim measure; modification.

SUMMARY: In this First Report and Order

in WT Docket No. 96–18 and PP Docket

No. 93–253, the Commission modifies

the interim measures imposed in the

Notice of Proposed Rulemaking (NPRM)

in this docket. In the NPRM, the

Commission addressed how paging

applications should be treated during

the pendency of this rulemaking, and

imposed an across-the-board freeze on

new applications for paging licenses

with an exception for Common Carrier

Paging (CCP) and Private Carrier Paging

(PCP) licensees with nationwide

exclusivity. The Commission is

modifying the interim freeze imposed in

the NPRM by allowing all incumbent

paging licensees subject to the interim

freeze to apply for additional

transmission sites on the same channel,

on a primary basis, within 65 kilometers

(40 miles) of an operating transmission

site. An application must be

accompanied by a certification that the

applicant is an incumbent paging

licensee, and the proposed site is within

65 kilometers (40 miles) of an

authorized transmission site that was

licensed to the same applicant on the

same channel on or before February 8,

1996 and which is operational as of the

date the application for the additional

transmitter site is filed. All applications

filed by CCP incumbent licensees and

929 MHz PCP incumbent licensees on

exclusive channels will be put on Public

Notice to allow for competing

applications to be filed.

The Commission resumes processing

all pending non-mutually exclusive

applications that were filed by

incumbents with the Commission on or

before February 8, 1996. The February 8,

1996 freeze interrupted the 30 or 60 day

filing window in some cases. Therefore,

the Wireless Telecommunications

Bureau will release a Public Notice with

attached copies of the prior Public

Notices containing the pending paging

applications. All pending applications

filed by incumbents on or before

February 8, 1996 that were not on

Public Notice for the required 30 or 60

days, will be deemed to continue to be

on Public Notice for the remaining

amount of time until the required 30 or

60 day window for filing competing

applications expires.

The Commission’s objective in

modifying the interim freeze is to allow

the incumbent paging licensees the

flexibility needed to expand paging

systems to continue to serve their

customers and convert to flexible widearea synchronous protocol technology

during the interim period, while

preventing an increase in

telecommunications investment fraud.

EFFECTIVE DATE: May 10, 1996.

FOR FURTHER INFORMATION CONTACT:

Mika Savir, Commercial Wireless

Division, Wireless Telecommunications

Bureau, at (202) 418–0620.

SUPPLEMENTARY INFORMATION: This First

Report and Order in WT Docket No. 96–

18 and PP Docket No. 93–253, adopted

April 22, 1996, and released April 23,

1996, is available for inspection and

copying during normal business hours

in the FCC Reference Center, Room 230,

1919 M Street N.W., Washington D.C.

The complete text may be purchased

from the Commission’s copy contractor,

International Transcription Service,

Inc., 2100 M Street, N.W., Suite 140,

Washington D.C. 20037, (202) 857–

3800)). Synopsis of First Report and

Order:

I. Background

1. In this docket, the Commission is

examining the paging regulations in

light of the statutory objective of

regulatory symmetry for all Commercial

Mobile Radio Services (CMRS)

established in the Omnibus Budget

Reconciliation Act of 1993, Pub. L. No.