66312 Federal Register / Vol. 79, No. 216 / Friday, November 7, 2014 / Rules and Regulations 

publication of the rule in the Federal 

Register. This action 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 30, 2014. 

Susan Lewis, 

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. In § 180.940, the table in paragraph 

(a) is amended by alphabetically adding 

an entry for ‘‘FD&C Red No. 40’’ before 

the entry for ‘‘FD&C Yellow No. 5’’ to 

read as follows: 

§ 180.940 Tolerance exemptions for active 

and inert ingredients for use in 

antimicrobial formulations (Food-contact 

surface sanitizing solutions). 

* * * * * 

(a) * * * 

Pesticide chemical CAS Reg. No. Limits 

*******

FD&C Red No. 40 ...................................................................... 25956–17–6 When ready for use, the end-use concentration is not to exceed 20 ppm. 

* * * * * * * 

* * * * * 

[FR Doc. 2014–26526 Filed 11–6–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 15 

[DA 14–1507] 

Unlicensed Personal Communications 

Services Devices in the 1920–1930 

MHz Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission revises its rules. The 

practical effect of this decision is that 

applicants for certification of 

Unlicensed Personal Communications 

Service (UPCS) devices will no longer 

be required to be members of UTAM, 

Inc. (UTAM). 

DATES: Effective November 7, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Forster, Senior Engineer, (202) 

418–7061, Policy and Rules Division, 

Office of Engineering and Technology, 

(202) 418–2290, Patrick.Forster@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order 

adopted October 20, 2014, and released 

October 20, 2014, DA 14–1507. The full 

text of this document is available on the 

Commission’s Internet site at 

www.fcc.gov. It is also available for 

inspection and copying during regular 

business hours in the FCC Reference 

Center (Room CY–A257), 445 12th 

Street SW., Washington, DC 20554. The 

full text of this document also may be 

purchased from the Commission’s 

duplication contractor, Best Copy and 

Printing Inc., Portals II, 445 12th St. 

SW., Room CY–B402, Washington, DC 

20554; telephone (202) 488–5300; fax 

(202) 488–5563; email FCC@

BCPIWEB.COM. 

Summary of the Order 

1. The Order revises part 15 subpart 

D of the Commission’s rules to remove 

and reserve § 15.307. As a result of this 

decision, applicants for certification of 

Unlicensed Personal Communications 

Service (UPCS) devices will no longer 

be required to be members of UTAM, 

Inc. (UTAM). The Commission took the 

action to eliminate the rule without 

notice and comment procedures 

pursuant to section 553(b)(b) of the 

Administrative Procedures Act (5 U.S.C. 

553(b)(B)). 

2. Section 15.307 has served, along 

with other Commission actions, to 

ensure that UTAM is reimbursed for the 

costs it incurred in clearing the 1910– 

1930 MHz band of incumbent 

microwave licensees. In a letter 

submitted to the Commission, UTAM 

indicated that this objective had been 

met. The Commission agreed, and 

concluded that the rule no longer served 

its intended purpose. Moreover, because 

UTAM’s board of directors had 

proposed to its membership a plan of 

dissolution and cessation of all 

corporate activities, the Commission 

anticipated that it would soon become 

impossible for UPCS device 

manufacturers to satisfy § 15.307’s 

membership requirement. 

3. In 1993, the Commission 

reallocated the 1910–1930 MHz band 

from the Private Operational Fixed 

Microwave Service (POFS) to UPCS use. 

As part of this reallocation, the 

Commission designated UTAM to 

manage the transition of the 1910–1930 

MHz band from POFS to UPCS use. 

Under the relocation funding plan 

approved by the Commission, UTAM 

would pay to relocate or agree to share 

the costs to relocate incumbent services 

in the band, and future UPCS device 

manufacturers would reimburse UTAM 

for their share of the incurred costs. The 

UPCS device manufacturers would 

reimburse UTAM via a fee for each 

device sold (which UTAM subsequently 

eliminated), as well as a membership fee 

set by UTAM. To ensure that UTAM 

received this reimbursement, the 

Commission required—via § 15.307— 

that each application for certification of 

UPCS equipment be accompanied by an 

affidavit from UTAM certifying that the 

applicant was a member of UTAM. 

4. In 2004, the Commission redesignated the 1910–1915 MHz and 

1915–1920 MHz bands from UPCS use 

to Broadband PCS and Advanced 

Wireless Service (AWS) operations, 

respectively. As part of the 1910–1915 

MHz band re-designation, the 

Commission determined that UTAM 

was entitled to a reimbursement from 

Nextel Communications, Inc. (the 1910– 

1915 MHz band licensee) for 25 

percent—on a pro rata basis—of the 

total relocation costs it had incurred in 

clearing the 1910–1930 MHz band of 

incumbent microwave stations. In 2007, 

Sprint Nextel Corp. (successor to 

Nextel), reimbursed UTAM for these 

costs. 

5. Similarly, as part of the 1915–1920 

MHz band re-designation, the 

Commission determined that UTAM 

was entitled to a reimbursement from 

the future AWS licensee(s) in the 1915– 

1920 MHz AWS–2 band for 25 

percent—on a pro rata basis—of the 

total relocation costs it had incurred in 


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Federal Register / Vol. 79, No. 216 / Friday, November 7, 2014 / Rules and Regulations 66313 

clearing the 1910–1930 MHz band of 

incumbent microwave stations. On May 

29, 2014, DISH, the sole licensee in the 

1915–1920 MHz band, reimbursed 

UTAM for these costs. 

6. Based on the reimbursements paid 

by Sprint and DISH, as well as the 

membership and device fees that had 

been paid by UPCS device 

manufacturers, UTAM determined that 

it could satisfy all of its financial 

obligations associated with clearing the 

entire 1910–1930 MHz band. 

Accordingly, it prepared a plan of 

dissolution and cessation of all 

corporate activities. It also asked the 

Commission to suspend enforcement of 

§ 15.307 pending administrative action 

to eliminate the rule in its entirety. 

7. The Commission found that there 

was good cause to eliminate the rule in 

its entirety. UTAM no longer needed the 

reimbursement funds that § 15.307 was 

designed to provide, continued 

application of the rule would impose an 

unnecessary financial burden on UPCS 

device manufacturers who may seek to 

develop new and innovative products, 

and it would no longer be possible to 

comply with the rule once UTAM 

dissolved. The Commission further 

determined that it could take action to 

eliminate the rule without notice and 

comment rulemaking procedures, 

pursuant to section 553(b)(B) of the 

Administrative Procedure Act. Among 

other things, section 553(b)(B) 

establishes an exception to the noticeand-comment requirement for cases in 

which the Commission finds good cause 

for concluding that notice and comment 

are ‘‘unnecessary.’’ The Commission 

found that because § 15.307 no longer 

had any purpose now that the relocation 

reimbursement obligations have been 

satisfied and UTAM would be 

disbanding, the provisions of section 

553(b)(B) were applicable to this 

situation. 

8. The Commission removed and 

reserved § 15.307, effective upon 

publication of the Order in the Federal 

Register. Until that time, and effective 

immediately, the Commission stayed 

the effectiveness of the rule. The 

Commission took these actions under 

the delegated authority granted to the 

Office of Engineering and Technology. 

Thus, upon release of the Order, it was 

no longer necessary for applicants for 

equipment certification of UPCS devices 

to obtain and submit to the Commission 

certification of membership in UTAM 

pursuant to § 15.307 of our rules. 

Congressional Review Act 

9. Because the Order was adopted 

without notice and comment, the 

Regulatory Flexibility Act does not 

apply, see 5 U.S.C. 601, et seq. The 

Commission will not send a copy of the 

Order pursuant to the Congressional 

Review Act, see 5 U.S.C. 801(a)(1)(A), 

because the rules are of a particular 

applicability. 

Paperwork Reduction Analysis 

10. This document does not contain 

any new or modified information 

collections subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. 

Ordering Clauses 

11. Pursuant to sections 4(i) and 

303(r) of the Communications Act of 

1934, as amended, 47 U.S.C. 154(i) and 

303(r), the Order is hereby adopted and 

part 15 of the Commission’s rules is 

amended as set forth in the Final Rules 

effective upon publication in the 

Federal Register. 

List of Subjects in 47 CFR Part 15 

Communications equipment, Radio, 

Reporting, and Recordkeeping. 

Federal Communications Commission. 

Julius P. Knapp, 

Chief, Office of Engineering and Technology. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 15 as 

follows: 

PART 15—RADIO FREQUENCY 

DEVICES 

■ 1. The authority citation for part 15 

continues to read as follows: 

Authority: 47 U.S.C. 154, 302a, 303, 304, 

307, 336, and 544a. 

§ 15.307 [Removed and Reserved] 

■ 2. Section 15.307 is removed and 

reserved. 

[FR Doc. 2014–26429 Filed 11–6–14; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

RIN 0648–XD548 

Fraser River Sockeye Salmon 

Fisheries; Inseason Orders 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary orders; inseason 

orders. 

SUMMARY: NMFS publishes Fraser River 

salmon inseason orders to regulate 

treaty and non-treaty (all citizen) 

commercial salmon fisheries in U.S. 

waters. The orders were issued by the 

Fraser River Panel (Panel) of the Pacific 

Salmon Commission (Commission) and 

subsequently approved and issued by 

NMFS during the 2014 salmon fisheries 

within the U.S. Fraser River Panel Area. 

These orders established fishing dates, 

times, and areas for the gear types of 

U.S. treaty Indian and all citizen 

commercial fisheries during the period 

the Panel exercised jurisdiction over 

these fisheries. 

DATES: The effective dates for the 

inseason orders are set out in this 

document under the heading Inseason 

Orders. 

FOR FURTHER INFORMATION CONTACT: 

Peggy Mundy at 206–526–4323. 

SUPPLEMENTARY INFORMATION: The 

Treaty between the Government of the 

United States of America and the 

Government of Canada concerning 

Pacific Salmon was signed at Ottawa on 

January 28, 1985, and subsequently was 

given effect in the United States by the 

Pacific Salmon Treaty Act (Act) at 16 

U.S.C. 3631–3644. 

Under authority of the Act, Federal 

regulations at 50 CFR part 300, subpart 

F, provide a framework for the 

implementation of certain regulations of 

the Commission and inseason orders of 

the Commission’s Fraser River Panel for 

U.S. sockeye salmon fisheries in the 

Fraser River Panel Area. 

The regulations close the U.S. portion 

of the Fraser River Panel Area to U.S. 

sockeye tribal and non-tribal 

commercial fishing unless opened by 

Panel orders that are given effect by 

inseason regulations published by 

NMFS. During the fishing season, NMFS 

may issue regulations that establish 

fishing times and areas consistent with 

the Commission agreements and 

inseason orders of the Panel. Such 

orders must be consistent with domestic 

legal obligations and are issued by the 

Regional Administrator, West Coast 

Region, NMFS. Official notification of 

these inseason actions is provided by 

two telephone hotline numbers 

described at 50 CFR 300.97(b)(1) and in 

79 FR 24580 (May 1, 2014). The 

inseason orders are published in the 

Federal Register as soon as practicable 

after they are issued. Due to the 

frequency with which inseason orders 

are issued, publication of individual 

orders is impractical. 

Inseason Orders 

The following inseason orders were 

adopted by the Panel and issued for U.S. 


rmajette on DSK2VPTVN1PROD with RULES