64768 Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Rules and Regulations

(5) If a product is intended for or

involves foliar application to

agricultural crops, forests or shade trees,

or mosquito abatement treatments, and

contains a pesticide toxic to pollinating

insects, the label must bear appropriate

label cautions.

(6) If a product is intended for

outdoor use other than aquatic

applications, the label must bear the

caution, ‘‘Keep out of lakes, ponds or

streams. Do not contaminate water by

cleaning of equipment or disposal of

wastes.’’

[FR Doc. 01–30820 Filed 12–13–01; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301194; FRL–6814–2]

RIN 2070–AB78

Extension of Tolerances for

Emergency Exemptions; Multiple

Chemicals

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation extends timelimited tolerances for the various

pesticides listed in this document.

These actions are in response to EPA’s

granting of emergency exemptions

under section 18 of the Federal

Insecticide, Fungicide, and Rodenticide

Act (FIFRA) authorizing use of these

pesticides. Section 408(l)(6) of the

Federal Food, Drug, and Cosmetic Act

(FFDCA) requires EPA to establish a

time-limited tolerance or exemption

from the requirement for a tolerance for

pesticide chemical residues in food that

will result from the use of a pesticide

under an emergency exemption granted

by EPA.

DATES: This regulation is effective

December 14, 2001. Objections and

requests for hearings, identified by

docket control number OPP–301194,

must be received by EPA on or before

January 14, 2002.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, electronically, in person, or by

courier. Please follow the detailed

instructions for each method as

provided in Unit III. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, your objections

and hearing requests must identify

docket control number OPP–301194 in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: See

the listing below for the name of a

specific contact person. The following

information applies to all contact

persons: Emergency Response Team,

Registration Division (7505C), Office of

Pesticide Programs, Environmental

Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460;

telephone number: (703) 308–9366.

Pesticide/CFR cite Contact person

Maneb, 180.110

Zinc phosphide, 180.284

Clopyralid, 180.431

Propiconazole, 180.434

Fenpropathrin, 180.466

Imazapic-ammonium, 180.490

Libby Pemberton

pemberton.libby@epa.gov

Avermectin, 180.449

Difenoconazole, 180.475

Dan Rosenblatt

rosenblatt.dan@epa.gov

Carboxin, 180.301

Propyzamide, 180.317

Metolachlor, 180.368

Metsulfuron-methyl, 180.428

Bifenthrin, 180.442

HOE 107892, 180.509

Fludioxonil, 180. 516

Andrew Ertman

ertman.andrew@epa.gov

Fenbuconazole, 40 CFR 180.480 Shaja R. Brothers

brothers.shaja @epa.gov

Cyprodinil, 180.532

Desmidipham, 180.353

Stephen Schaible

schaible.stephen@epa.gov

Mancozeb, 180.176

Thiabendazole, 180.242

Emamectin benzoate, 180.505

Meredith Laws

laws.meredith@epa.gov

Tebuconazole, 180.474 Andrea Conrath

conrath.andrea@epa.gov

SUPPLEMENTARY INFORMATION: I. General Information

A. Does this Action Apply to Me?

You may be affected by this action if

you are an agricultural producer, food

manufacturer, or pesticide

manufacturer. Potentially affected

categories and entities may include, but

are not limited to:

Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Rules and Regulations 64769

Categories NAICS

codes

Examples of

potentially affected

entities

Industry 111

112

311

32532

Crop production

Animal production

Food manufacturing

Pesticide manufacturing

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in the table could also

be affected. The North American

Industrial Classification System

(NAICS) codes have been provided to

assist you and others in determining

whether or not this action might apply

to certain entities. If you have questions

regarding the applicability of this action

to a particular entity, consult one of the

persons listed under FOR FURTHER

INFORMATION CONTACT.

B. How Can I Get Additional

Information, Including Copies of this

Document and Other Related

Documents?

1. Electronically. You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations,’’ ‘‘Regulations

and Proposed Rules,’’ and then look up

the entry for this document under the

‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/. A frequently

updated electronic version of 40 CFR

part 180 is available at http://

www.access.gpo.gov/nara/cfr/

cfrhtml_00 /Title_40/40cfr180_00.html,

a beta site currently under development.

2. In person. The Agency has

established an official record for this

action under docket control number

OPP–301194. The official record

consists of the documents specifically

referenced in this action, and other

information related to this action,

including any information claimed as

Confidential Business Information (CBI).

This official record includes the

documents that are physically located in

the docket, as well as the documents

that are referenced in those documents.

The public version of the official record

does not include any information

claimed as CBI. The public version of

the official record, which includes

printed, paper versions of any electronic

comments submitted during an

applicable comment period is available

for inspection in the Public Information

and Records Integrity Branch (PIRIB),

Rm. 119, Crystal Mall #2, 1921 Jefferson

Davis Hwy., Arlington, VA, from 8:30

a.m. to 4 p.m., Monday through Friday,

excluding legal holidays. The PIRIB

telephone number is (703) 305–5805.

II. Background and Statutory Findings

EPA published final rules in the

Federal Register for each chemical/

commodity listed in this document. The

initial issuance of these final rules

announced that EPA, on its own

initiative, under FFDCA section 408 , 21

U.S.C. 346a, as amended by the Food

Quality Protection Act of 1996 (FQPA)

(Public Law 104–170) was establishing

time-limited tolerances.

EPA established the tolerances

because FFDCA section 408(l)(6)

requires EPA to establish a time-limited

tolerance or exemption from the

requirement for a tolerance for pesticide

chemical residues in food that will

result from the use of a pesticide under

an emergency exemption granted by

EPA under FIFRA section 18. Such

tolerances can be established without

providing notice or time for public

comment.

EPA received requests to extend the

use of these chemicals for this year’s

growing season. After having reviewed

these submissions, EPA concurs that

emergency conditions exist. EPA

assessed the potential risks presented by

residues for each chemical/commodity.

In doing so, EPA considered the safety

standard in FFDCA section 408(b)(2),

and decided that the necessary tolerance

under FFDCA section 408(l)(6) would be

consistent with the safety standard and

with FIFRA section 18.

The data and other relevant material

have been evaluated and discussed in

the final rule originally published to

support these uses. Based on that data

and information considered, the Agency

reaffirms that extension of these timelimited tolerances will continue to meet

the requirements of FFDCA section

408(l)(6). Therefore, the time-limited

tolerances are extended until the date

listed in this document. EPA will

publish a document in the Federal

Register to remove the revoked

tolerances from the Code of Federal

Regulations (CFR). Although these

tolerances will expire and are revoked

on the date listed, under FFDCA section

408(l)(5), residues of the pesticide not in

excess of the amounts specified in the

tolerance remaining in or on the

commodity after that date will not be

unlawful, provided the residue is

present as a result of an application or

use of a pesticide at a time and in a

manner that was lawful under FIFRA,

the tolerance was in place at the time of

the application, and the residue does

not exceed the level that was authorized

by the tolerance. EPA will take action to

revoke these tolerances earlier if any

experience with, scientific data on, or

other relevant information on this

pesticide indicate that the residues are

not safe.

Tolerances for the use of the following

pesticide chemicals on specific

commodities are being extended:

Avermectin. EPA has authorized

under FIFRA section 18 the use of

avermectin on spinach for control of

leafminers in California. This regulation

extends a time-limited tolerance for

combined residues of the insecticide

avermectin, a mixture of avermectins

containing greater than or equal to 80%

avermectin B1a (5-0-demethyl

avermectin A1) and less than or equal

to 20% avermectin B1b (5-0-demethyl25-de(1-methylpropyl)-25-(1-

methylethyl) avermectin A1 and its

delta 8,9-isomer in or on spinach at 0.05

parts per million (ppm) for an

additional 1–year period. This tolerance

will expire and is revoked on December

31, 2003. A time-limited tolerance was

originally published in the Federal

Register on August 19, 1997 (62 FR

44089) (FRL–5737–1).

Avermectin. EPA has authorized

under FIFRA section 18 the use of

avermectin on avocado for control of

thrips in California. This regulation

extends a time-limited tolerance for

combined residues of the insecticide

avermectin, a mixture of avermectins

containing greater than or equal to 80%

avermectin B1a (5-0-demethyl

avermectin A1) and less than or equal

to 20% avermectin B1b (5-0-demethyl25-de(1-methylpropyl)-25-(1-

methylethyl) avermectin A1 and its

delta 8,9-isomer in or on avocado at 0.02

ppm for an additional 1–year period.

This tolerance will expire and is

revoked on December 31, 2003. A timelimited tolerance was originally

published in the Federal Register on

April 7, 1999 (64 FR 16843) (FRL–6070–

6).

Bifenthrin. EPA has authorized under

FIFRA section 18 the use of bifenthrin

on peanuts for control of spider mites in

Oklahoma. This regulation extends a

time-limited tolerance for residues of

the insecticide bifenthrin ((2-methyl

[1,1’-biphenyl]-3-yl) methyl-3-(2-chloro3,3,3-trifluoro-1-propenyl)-2-

dimethylcyclopropanecarboxylate) in or

on peanuts, nutmeats at 0.05 ppm for an

additional 2–year period. This tolerance

will expire and is revoked on December

31, 2003. A time-limited tolerance was

originally published in the Federal

64770 Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Rules and Regulations

Register on January 25, 2000 (65 FR

3860) (FRL–6485–2).

Carboxin. EPA has authorized under

FIFRA section 18 the use of carboxin on

onion seed for control of onion smut in

California. This regulation extends a

time-limited tolerance for combined

residues of the fungicide carboxin (5,6-

dihydro-2-meth-yl-1,4-oxathiin-3-

carboxanilide) and its metabolite 5,6-

dihydro-3-carboxanilide-2-methyl-1,4-

oxathiin-4-oxide (calculated as

carboxin) in or on onions, dry bulb at

0.2 ppm for an additional 2–year period.

This tolerance will expire and is

revoked on December 31, 2003. A timelimited tolerance was originally

published in the Federal Register on

February 3, 1997 (62 FR 4911) (FRL–

5584–5).

Clopyralid. EPA has authorized under

FIFRA section 18 the use of clopyralid

on flax for control of Canada thistle and

perennial sowthistle in North Dakota.

This regulation extends a time-limited

tolerance for residues of the herbicide

clopyralid (3,6-dichloro-2-

pyridinecarboxylic acid) in or of flax see

at 0.5 ppm for an additional 2–year

period. This tolerance will expire and is

revoked on December 31, 2003. A timelimited tolerance was originally

published in the Federal Register on

November 17, 1999 (64 FR 62588) (FRL–

6388–5).

Cyprodinil. EPA has authorized under

FIFRA section 18 the use of cyprodinil

on caneberries for control of gray mold

in Oregon and Washington. This

regulation extends a time-limited

tolerance for residues of the fungicide

cyprodinil in or on caneberries at 10

ppm for an additional 2–year period.

This tolerance will expire and is

revoked on December 31, 2003. A timelimited tolerance was originally

published in the Federal Register on

June 30, 1999 (64 FR 35032) (FRL–

6086–3).

Desmedipham. EPA has authorized

under FIFRA section 18 the use of

desmidipham on garden beets for

control of various weed pests in New

York. This regulation extends a timelimited tolerance for residues of the

herbicide desmedipham in or on red

beet roots at 0.2 ppm and red beet tops

at 15 ppm for an additional 2–year

period. These tolerances will expire and

are revoked on December 31, 2003.

Time-limited tolerances were originally

published in the Federal Register on

August 29, 1997 (62 FR 45741) (FRL–

5738–5).

Difenoconazole. EPA has authorized

under FIFRA section 18 the use of

difenoconazole on corn seed for control

of damping off and die-back diseases in

corn in Idaho. This regulation extends

time-limited tolerances for residues of

the fungicide difenoconazole (1-((2-(2-

chloro-4-(4-chlorophenoxy)phenyl)-4-

methyl-1,3-dioxolan-2-yl)methyl)-1H1,2,4-triazole) in or on corn, sweet

(kernel + corn with husk removed);

corn, sweet, forage; and corn, sweet,

stover at 0.1 ppm for an additional 1–

year period. These tolerances will

expire and are revoked on December 31,

2003. Time-limited tolerances were

originally published in the Federal

Register on September 1, 1999 (64 FR

47680) (FRL–6094–3).

Emamectin benzoate. EPA has

authorized under FIFRA section 18 the

use of emamectin benzoate on cotton for

control of beet armyworm and tobacco

budworm in Arkansas, Louisiana,

Mississippi, New Mexico, Oklahoma,

and Texas. This regulation extends

time-limited tolerances for residues of

the insecticide emamectin benzoate: 4’-

epi-methylamino-4’-deoxyavermectin

B1 benzoate in or on cotton gin

byproduct at 0.025 ppm; cotton hulls at

0.004 ppm; cotton meal at 0.002 ppm;

cottonseed at 0.002 ppm; cottonseed oil

at 0.006 ppm; meat, fat; meat byproduct

of cattle, goats, hogs, and sheep at 0.002

ppm; and milk for an additional 1–year

period. These tolerances will expire and

are revoked on December 31, 2002.

Time-limited tolerances were originally

published in the Federal Register on

January 12, 2000 (65 FR 1796) (FRL–

6398–5).

Fenbuconazole. EPA has authorized

under FIFRA section 18 the use of

(alpha-[2-4-chlorophenyl)-ethyl]alphaphenyl-3-(1H-1,2,4-triazole)-1-

propanenitrile on grapefruit for control

of greasy spot in Florida. This regulation

extends time-limited tolerances for

combined residues of the fungicide

(alpha-[2-4-chlorophenyl)-ethyl]alphaphenyl-3-(1H-1,2,4-triazole)-1-

propanenitrile and its metabolites cis -5-

(4-chlorophenyl)-dihydro-3-phenyl-3-

(1H-1,2,4-triazole-1-ylmethyl)-2-3Hfuranone and trans-5(4-

chlorophenyl)dihydro-3-phenyl-3-

(1H1,2,4-triazole-1-ylmethyl-2-3Hfuranone in or on fat of cattle, goats,

hogs, horses, and sheep at 0.01 ppm for

an additional 2–year period. These

tolerances will expire and are revoked

on December 31, 2003. Time-limited

tolerances were originally published in

the Federal Register on July 26, 2000

(65 FR 45920) (FRL–6596–6).

Fenpropathrin. EPA has authorized

under FIFRA section 18 the use of

fenpropathrin on currants for control of

currant borer (Synanthedon

tipuliformes) in Washington. This

regulation extends a time-limited

tolerance for esidues of the insecticide

fenpropathrin (alpha-cyano-3-phenoxybenzyl 2,2,3,3-

tetramethylcyclopropanecarboxylate) in

or on currants at 15 ppm for an

additional 2–year period. This tolerance

will expire and is revoked on December

31, 2003. A time-limited tolerance was

originally published in the Federal

Register on July 14, 1997 (62 FR 37516)

(FRL–5731–3).

Fludioxonil. EPA has authorized

under FIFRA section 18 the use of

fludioxonil on apricots, nectarines,

peaches, and plums for control of brown

rot, gray mold rot, and Rhizopus rot in

Alabama, California, Georgia, New

Jersey, Oregon, and South Carolina. This

regulation extends time-limited

tolerances for residues of the fungicide

fludioxonil 4-(2,2-difluoro-1,3-

benzodioxol-4-yl)-1H-pyrrole-3-

carbonitrile in or on apricots,

nectarines, peaches, and plums at 5.0

ppm for an additional 2–year period.

These tolerances will expire and are

revoked on December 31, 2003. Timelimited tolerances were originally

published in the Federal Register on

June 24, 1998 (63 FR 34304) (FRL–

5797–5).

HOE-107892 (mefenpyr-diethyl). EPA

has authorized under FIFRA section 18

the use of HOE-107892 on wheat and

barley for control of foxtail in Montana

and North Dakota. This regulation

extends time-limited tolerances for

residues of the the inert ingredient,

herbicide safener HOE-107892 and its

metabolites HOE-113225, HOE-109453,

and HOE-094270 in or on barley grain

at 0.05 ppm, barley hay at 0.5 ppm,

barley straw at 0.1 ppm, and the

processed by-products of barley grain:

pearled barley at 1.0 ppm, bran at 0.4

ppm, and flour at 0.1 ppm and wheat

grain at 0.01 ppm and wheat straw at

0.05 ppm for an additional 2–year

period. These tolerances will expire and

are revoked on December 31, 2003.

Time-limited tolerances were originally

published in the Federal Register on

August 8, 1997 (wheat) (62 FR 42678)

(FRL–5731–7) and September 9, 1998

(barley) (63 FR 48116) (FRL–6024–7).

Imazapic-ammonium. EPA has

authorized under FIFRA section 18 the

use of imazapic-ammonium on pasture/

rangeland and land in the conservation

reserve program for control of leafy

spurge in Colorado, Montana, Nebraska,

North Dakota, and South Dakota. This

regulation extends time-limited

tolerances for combined residues of the

herbicide imazapic-ammonium, (+)-2-

[4,5-dihydro-4-methyl-4-(1-

methylethyl)-5-oxo-1H-imidazol-2-yl]-5-

methyl-3-pyridinecarboxylic acid,

applied as its ammonium salt and its

metabolite (+)-2-[4,5-dihydro-4-methyl4-(1-methylethyl)-5-oxo-1H-imidazol-2-

Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Rules and Regulations 64771

yl]-5-hydromethyl-3-pyridinecarboxylic

acid both free and conjugated in or on

grass forage at 30 ppm; grass hay at 15

ppm; milk; fat, meat; meat byproducts

(except kidney) of cattle, goats, hogs,

horses, and sheep at 0.10 ppm; kidney

of cattle, goats, hogs, horses, and sheep

at 1 ppm for an additional 2–year

period. These tolerances will expire and

are revoked on December 31, 2003.

Time-limited tolerances were originally

published in the Federal Register on

October 6, 1999 (64 FR 54218) (FRL–

6382–3).

Mancozeb. EPA has authorized under

FIFRA section 18 the use of mancozeb

on ginseng for control of stem and leaf

blight in Michigan and Wisconsin. This

regulation extends a time-limited

tolerance for combined residues of the

fungicide mancozeb, calculated as zinc

ethylenebisdithiocarbamate and its

metabolite ETU in or on ginseng at 2.0

ppm for an additional 1–year period.

This tolerance will expire and is

revoked on December 31, 2002. A timelimited tolerance was originally

published in the Federal Register on

May 24, 2000 (65 FR 33469) (FRL–6556–

9).

Maneb. EPA has authorized under

FIFRA section 18 the use of maneb on

walnuts for control of bacterial blight in

California. This regulation extends a

time-limited tolerance for combined

residues of the fungicide maneb

(manganous

ethylenebisdithiocarbamate) calculated

as zinc ethylenebisdithiocarbamate, and

its metabolite ethylenethiourea in or on

walnuts at 0.05 ppm for an additional

2–year period. This tolerance will

expire and is revoked on December 31,

2003. A time-limited tolerance was

originally published in the Federal

Register on March 17, 1999 (64 FR

13097) (FRL–6067–9).

Metolachlor. EPA has authorized

under FIFRA section 18 the use of

metolachlor on spinach for control of

weeds in Arizona, Colorado, Maryland,

New Jersey, Oklahoma, Pennsylvania,

Texas, Virginia, and Wisconsin. This

regulation extends a time-limited

tolerance for the combined residues

(free and bound) of the herbicide

metolachlor 2-chloro-N-(2-ethyl-6-

methylphenyl)-N-(2-methoxy-1-

methylethyl)acetamide and its

metabolites determined as the

derivatives, 2-[(2-ethyl-6-

methylphenyl)amino]-1-propanol and 4-

(2-ethyl-6-methylphenyl)-2-hydroxy-5-

methyl-3-morpholinone, each expressed

as the parent compound in or on

spinach at 0.3 ppm for an additional 6–

month period. This tolerance will expire

and is revoked on June 30, 2002. A timelimited tolerance was originally

published in the Federal Register on

November 29, 1996 (61 FR 60617) (FRL–

5477–7).

Metsulfuron-methyl. EPA has

authorized under FIFRA section 18 the

use of metsulfuron-methyl on sorghum

for control of weeds in Kansas,

Nebraska, New Mexico, Oklahoma, and

Texas. This regulation extends timelimited tolerances for the combined

residues of the herbicide metsulfuron

methyl and its 4-hydroxy metabolite

(methyl 2-[[[[(4-methoxy-6-methyl-1,3,5-

triazin-2-yl)amino]carbonyl]-

amino]sulfonyl]-4-hydroxybenzoate) in

or on sorhum, fodder at 0.5 ppm;

sorhum, forage at 0.3 ppm; and sorhum,

grain at 0.4 ppm for an additional 2–

year period. These tolerances will

expire and are revoked on December 31,

2003. Time-limited tolerances were

originally published in the Federal

Register on December 16, 1999 (64 FR

70184) (FRL–6391–8).

Propiconazole. EPA has authorized

under FIFRA section 18 the use of

propiconazole on grain sorghum for

control of sorghum ergot in Nebraska,

New Mexico, and Texas. This regulation

extends time-limited tolerances for

combined residues of the fungicide

propiconazole, 1-[[2-(2,4-

dichlorophenyl)-4-propyl-1,3-dioxolan2-yl]methyl]-1H-1,2,4-triazole and its

metabolites determined as 2,4-

dichlorobenzoic acid and expressed as

parent compound in or on grain

sorghum, grain at 0.2 ppm; grain

sorghum, stover at 1.5 ppm; and

sorghum aspirated grain fractions at 20

ppm for an additional 2–year period.

These tolerances will expire and are

revoked on December 31, 2003. Timelimited tolerances were originally

published in the Federal Register on

August 13, 1997 (62 FR 43284) (FRL–

5735–2).

Propyzamide. EPA has authorized

under FIFRA section 18 the use of

propyzamide on cranberries for control

of dodder in Delaware, Massachusetts,

New Jersey, and Rhode Island. This

regulation extends a time-limited

tolerance for the combined residues of

the herbicide propyzamide and its

metabolites containing the 3,5-

dichlorobenzoyl moiety (calculated as

3,5-dichloro-N-(1,1-dimethyl-2-

propenyl)benzamide) in or on

cranberries at 0.05 ppm for an

additional 2–year period. This tolerance

will expire and is revoked on December

31, 2003. A time-limited tolerance was

originally published in the Federal

Register on September 16, 1998 (63 FR

49479) (FRL–6022–5).

Tebuconazole. EPA has authorized

under FIFRA section 18 the use of

tebuconazole on wheat for control of

Fusarium head blight in Michigan,

North Dakota, and South Dakota. This

regulation extends a time-limited

tolerance for residues of the fungicide

tebuconazole (alpha-[2-(4-

chlorophenyl)-ethyl]-alpha-(1,1-

dimethylethyl)-1H-1,2,4-triazole-1-

ethanol) in or on wheat hay at 15.0 ppm

and wheat straw at 2.0 ppm for an

additional 2–year period. These

tolerances will expire and are revoked

on December 31, 2003. Time-limited

tolerances were originally published in

the Federal Register on June 20, 1997

(62 FR 33550) (FRL–5725–7).

Tebuconazole. EPA has authorized

under FIFRA section 18 the use of

tebuconazole on barley for control of

Fusarium head blight in North Dakota

and South Dakota. This regulation

extends time-limited tolerances for

residues of the fungicide tebuconazole

(alpha-[2-(4-chlorophenyl)-ethyl]-alpha-

(1,1-dimethylethyl)-1H-1,2,4-triazole-1-

ethanol) in or on barley grain at 2.0

ppm, barley hay at 20.0 ppm, and barley

straw at 20.0 ppm for an additional 2–

year period. These tolerances will

expire and are revoked on December 31,

2003. Time-limited tolerance were

originally published in the Federal

Register on June 20, 1997 (62 FR 33550)

(FRL–5725–7).

Tebuconazole. EPA has authorized

under FIFRA section 18 the use of

tebuconazole on sunflower for control of

rust in Colorado. This regulation

extends time-limited tolerances for

residues of the fungicide tebuconazole

in or on sunflower oil at 0.4 ppm and

sunflower seed at 0.2 ppm for an

additional 2–year period. These

tolerances will expire and are revoked

on December 31, 2003. Time-limited

tolerances were originally published in

the Federal Register on June 20, 1997

(62 FR 33550) (FRL–5725–7).

Tebuconazole. EPA has authorized

under FIFRA section 18 the use of

tebuconazole on garlic for control of

garlic rust in California. This regulation

extends a time-limited tolerance for

residues of the fungicide tebuconazole

in or on garlic at 0.1 ppm for an

additional 2–year period. This tolerance

will expire and is revoked on December

31, 2003. A time-limited tolerance was

originally published in the Federal

Register on May 26, 1999 (64 FR 28377)

(FRL–6079–1).

Thiabendazole. EPA has authorized

under FIFRA section 18 the use of

thiabendazole on lentils for control of

ascochyta blight in Idaho, Montana,

North Dakota, and Washington. This

regulation extends a time-limited

tolerance for residues of the fungicide

thiabendazole in or on lentils at 0.1 ppm

for an additional 1–year period. This

64772 Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Rules and Regulations

tolerance will expire and is revoked on

December 31, 2002. A time-limited

tolerance was originally published in

the Federal Register on February 25,

1998 (63 FR 9435) (FRL–5767–6).

Zinc phosphide. EPA has authorized

under FIFRA section 18 the use of zinc

phosphide on barley, potatoes,

sugarbeets, and wheat for control of

meadow voles and field mice in Idaho.

This regulation extends time-limited

tolerances for residues of phosphine

resulting from the use of the rodenticide

zinc phosphide in or on barley, grain at

0.010 ppm; barley, hay at 0.20 ppm;

barley, straw at 0.20 ppm; potatoes at

0.05 ppm; sugar beet (roots) at 0.05

ppm; sugar beet (tops) at 0.10 ppm; and

wheat, aspirated grain fractions; wheat

grain; wheat hay; and wheat, straw at

0.010 ppm for an additional 2–year

period. These tolerances will expire and

are revoked on December 31, 2003.

Time-limited tolerances were originally

published in the Federal Register on

December 9, 1998 (63 FR 67794) (FRL–

6046–1) and August 16, 2000 (65 FR

49936) (FRL–6598–9).

III. Objections and Hearing Requests

Under section 408(g) of the FFDCA, as

amended by the FQPA, any person may

file an objection to any aspect of this

regulation and may also request a

hearing on those objections. The EPA

procedural regulations which govern the

submission of objections and requests

for hearings appear in 40 CFR part 178.

Although the procedures in those

regulations require some modification to

reflect the amendments made to the

FFDCA by FQPA, EPA will continue to

use those procedures, with appropriate

adjustments, until the necessary

modifications can be made. The new

FFDCA section 408(g) provides

essentially the same process for persons

to ‘‘object’’ to a regulation for an

exemption from the requirement of a

tolerance issued by EPA under new

FFDCA section 408(d), as was provided

in the old FFDCA sections 408 and 409.

However, the period for filing objections

is now 60 days, rather than 30 days.

A. What Do I Need to Do to File an

Objection or Request a Hearing?

You must file your objection or

request a hearing on this regulation in

accordance with the instructions

provided in this unit and in 40 CFR part

178. To ensure proper receipt by EPA,

you must identify docket control

number OPP–301194 in the subject line

on the first page of your submission. All

requests must be in writing, and must be

mailed or delivered to the Hearing Clerk

on or before January 14, 2002.

1. Filing the request. Your objection

must specify the specific provisions in

the regulation that you object to, and the

grounds for the objections (40 CFR

178.25). If a hearing is requested, the

objections must include a statement of

the factual issues(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).

Information submitted in connection

with an objection or hearing request

may be claimed confidential by marking

any part or all of that information as

CBI. Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

A copy of the information that does not

contain CBI must be submitted for

inclusion in the public record.

Information not marked confidential

may be disclosed publicly by EPA

without prior notice.

Mail your written request to: Office of

the Hearing Clerk (1900), Environmental

Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460. You

may also deliver your request to the

Office of the Hearing Clerk in Rm. C400,

Waterside Mall, 401 M St., SW.,

Washington, DC 20460. The Office of

the Hearing Clerk is open from 8 a.m.

to 4 p.m., Monday through Friday,

excluding legal holidays. The telephone

number for the Office of the Hearing

Clerk is (202) 260–4865.

2. Tolerance fee payment. If you file

an objection or request a hearing, you

must also pay the fee prescribed by 40

CFR 180.33(i) or request a waiver of that

fee pursuant to 40 CFR 180.33(m). You

must mail the fee to: EPA Headquarters

Accounting Operations Branch, Office

of Pesticide Programs, P.O. Box

360277M, Pittsburgh, PA 15251. Please

identify the fee submission by labeling

it ‘‘Tolerance Petition Fees.’’

EPA is authorized to waive any fee

requirement ‘‘when in the judgement of

the Administrator such a waiver or

refund is equitable and not contrary to

the purpose of this subsection.’’ For

additional information regarding the

waiver of these fees, you may contact

James Tompkins by phone at (703) 305–

5697, by e-mail at

tompkins.jim@epa.gov, or by mailing a

request for information to Mr. Tompkins

at Registration Division (7505C), Office

of Pesticide Programs, Environmental

Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460.

If you would like to request a waiver

of the tolerance objection fees, you must

mail your request for such a waiver to:

James Hollins, Information Resources

and Services Division (7502C), Office of

Pesticide Programs, Environmental

Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460.

3. Copies for the Docket. In addition

to filing an objection or hearing request

with the Hearing Clerk as described in

Unit III.A., you should also send a copy

of your request to the PIRIB for its

inclusion in the official record that is

described in Unit I.B.2. Mail your

copies, identified by docket control

number OPP–301194, to: Public

Information and Records Integrity

Branch, Information Resources and

Services Division (7502C), Office of

Pesticide Programs, Environmental

Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460.

In person or by courier, bring a copy

to the location of the PIRIB described in

Unit I.B.2. You may also send an

electronic copy of your request via email to: opp-docket@epa.gov. Please use

an ASCII file format and avoid the use

of special characters and any form of

encryption. Copies of electronic

objections and hearing requests will also

be accepted on disks in WordPerfect

6.1/8.0 file format or ASCII file format.

Do not include any CBI in your

electronic copy. You may also submit an

electronic copy of your request at many

Federal Depository Libraries.

B. When Will the Agency Grant a

Request for a Hearing?

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

issues(s) in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

IV. Regulatory Assessment

Requirements

This final rule establishes timelimited tolerances under FFDCA section

408. The Office of Management and

Budget (OMB) has exempted these types

of actions from review under Executive

Order 12866, entitled Regulatory

Planning and Review (58 FR 51735,

October 4, 1993). Because this rule has

been exempted from review under

Executive Order 12866 due to its lack of

significance, this rule is not subject to

Executive Order 13211, Actions

Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use (66 FR 28355, May

22, 2001). This final rule does not

contain any information collections

Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Rules and Regulations 64773

subject to OMB approval under the

Paperwork Reduction Act (PRA), 44

U.S.C. 3501 et seq., or impose any

enforceable duty or contain any

unfunded mandate as described under

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA) (Public

Law 104–4). Nor does it require any

special considerations under Executive

Order 12898, entitled Federal Actions to

Address Environmental Justice in

Minority Populations and Low-Income

Populations (59 FR 7629, February 16,

1994); or OMB review or any Agency

action under Executive Order 13045,

entitled Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997).

This action does not involve any

technical standards that would require

Agency consideration of voluntary

consensus standards pursuant to section

12(d) of the National Technology

Transfer and Advancement Act of 1995

(NTTAA), Public Law 104–113, section

12(d) (15 U.S.C. 272 note). Since

tolerances and exemptions that are

established under FFDCA section

408(l)(6) in response to an exemption

under FIFRA section 18, such as the

tolerances in this final rule, do not

require the issuance of a proposed rule,

the requirements of the Regulatory

Flexibility Act (RFA) (5 U.S.C. 601 et

seq.) do not apply. In addition, the

Agency has determined that this action

will not have a substantial direct effect

on States, on the relationship between

the national government and the States,

or on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132, entitled

Federalism (64 FR 43255, August 10,

1999). Executive Order 13132 requires

EPA to develop an accountable process

to ensure ‘‘meaningful and timely input

by State and local officials in the

development of regulatory policies that

have federalism implications.’’ ‘‘Policies

that have federalism implications’’ is

defined in the Executive Order to

include regulations that have

‘‘substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government.’’ This final rule

directly regulates growers, food

processors, food handlers and food

retailers, not States. This action does not

alter the relationships or distribution of

power and responsibilities established

by Congress in the preemption

provisions of FFDCA section 408(n)(4).

For these same reasons, the Agency has

determined that this rule does not have

any ‘‘tribal implications’’ as described

in Executive Order 13175, entitled

Consultation and Coordination with

Indian Tribal Governments (65 FR

67249, November 6, 2000). Executive

Order 13175, requires EPA to develop

an accountable process to ensure

‘‘meaningful and timely input by tribal

officials in the development of

regulatory policies that have tribal

implications.’’ ‘‘Policies that have tribal

implications’’ is defined in the

Executive Order to include regulations

that have ‘‘substantial direct effects on

one or more Indian tribes, on the

relationship between the Federal

government and the Indian tribes, or on

the distribution of power and

responsibilities between the Federal

government and Indian tribes.’’ This

rule will not have substantial direct

effects on tribal governments, on the

relationship between the Federal

government and Indian tribes, or on the

distribution of power and

responsibilities between the Federal

government and Indian tribes, as

specified in Executive Order 13175.

Thus, Executive Order 13175 does not

apply to this rule.

V. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of this final

rule in the Federal Register. This final

rule 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: November 29, 2001.

Peter Caulkins,

Acting 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), 346(a) and

374.

§ 180.110 [Amended]

2. In § 180.110, in the table to

paragraph (b), amend the entry for

walnuts by revising the expiration date

‘‘12/31/01’’ to read ‘‘12/31/03.’’

§ 180.176 [Amended]

3. In § 180.176, in the table to

paragraph (b), amend the entry for

ginseng by revising the expiration date

‘‘12/31/01’’ to read ‘‘12/31/02.’’

§ 180.242 [Amended]

4. In § 180.242, in the table to

paragraph (b), amend the entry for

lentils by revising the expiration date

‘‘12/31/01’’ to read ‘‘12/31/02.’’

§ 180.284 [Amended]

5. In § 180.284, in the table to

paragraph (b), amend the entry for

barley, grain; barley, hay; barley, straw;

potatoes; sugar beet (roots); sugar beet

(tops); wheat, aspirated grain fractions;

wheat, grain; wheat, hay; and wheat,

straw by revising the expiration date

‘‘12/31/01’’ to read ‘‘12/31/03.’’

§ 180.301 [Amended]

6. In § 180.301, in the table to

paragraph (b), amend the entry for

onions, dry bulb by revising the

expiration date ‘‘12/31/01’’ to read ‘‘12/

31/03.’’

§ 180.317 [Amended]

7. In § 180.317, in the table to

paragraph (b), amend the entry for

cranberries by revising the expiration

date ‘‘12/31/01’’ to read ‘‘12/31/03.’’

§ 180.353 [Amended]

8. In § 180.353, in the table to

paragraph (b), amend the entry for red

beet roots and red beet tops by revising

the expiration date ‘‘12/31/01’’ to read

‘‘12/31/03.’’

§ 180.368 [Amended]

9. In § 180.368, in the table to

paragraph (b), amend the entry for

spinach by revising the expiration date

‘‘12/31/01’’ to read ‘‘6/30/02.’’

§ 180.428 [Amended]

10. In § 180.428, in the table to

paragraph (b), amend the entry for

sorghum, fodder; sorghum, forage; and

sorghum, grain by revising the

expiration date ‘‘12/31/01’’ to read ‘‘12/

31/03.’’

64774 Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Rules and Regulations

§ 180.431 [Amended]

11. In § 180.431, in the table to

paragraph (b), amend the entry for flax

seed by revising the expiration date ‘‘12/

31/01’’ to read ‘‘12/31/03.’’

§ 180.434 [Amended]

12. In § 180.434, in the table to

paragraph (b), amend the entry for

sorghum, aspirated grain fractions;

sorghum, grain, grain; and sorghum,

grain, stover by revising the expiration

date ‘‘12/31/01’’ to read ‘‘12/31/03.’’

§ 180.442 [Amended]

13. In § 180.442, in the table to

paragraph (b), amend the entry for

peanuts, nutmeats by revising the

expiration date ‘‘12/31/01’’ to read ‘‘12/

31/03.’’

§ 180.449 [Amended]

14. In § 180.449, in the table to

paragraph (b), amend the entry for

avocado by revising the expiration date

‘‘12/31/02’’ to read ‘‘12/31/03’’ and also

amend the entry for spinach by revising

the expiration date ‘‘1/31/02’’ to read

‘‘12/31/03.’’

§ 180.466 [Amended]

15. In § 180.466, in the table to

paragraph (b), amend the entry for

currants by revising the expiration date

‘‘12/31/01’’ to read ‘‘12/31/03.’’

§ 180.474 [Amended]

16. In § 180.474, in the table to

paragraph (b)(1), amend the entries for

barley, grain; barley, hay; barley, straw;

garlic; sunflower oil; sunflower seed;

wheat, hay; and wheat, straw by

revising the expiration date ‘‘12/31/01’’

to read ‘‘12/31/03.’’

§ 180.475 [Amended]

17. In § 180.475, in the table to

paragraph (b), amend the entry for corn,

sweet (kernel + corn with husk

removed); corn, sweet, forage; and corn,

sweet, stover by revising the expiration

date ‘‘12/31/02’’ to read ‘‘12/31/03.’’

§ 180.480 [Amended]

18. In § 180.480, in the table to

paragraph (b), amend the entry for

cattle, fat; goats, fat; hogs, fat; horses,

fat; and sheep, fat by revising the

expiration date ‘‘12/31/01’’ to read ‘‘12/

31/03.’’

19. In § 180.490, the table in

paragraph (b) is revised to read as

follows:

§ 180.490 Imazapic-ammonium; tolerances

for residues.

* * * * *

(b) * * *

Commodity Parts per million Expiration/revocation date

Cattle, fat ............................................................................................................. 0.10 12/31/03

Cattle, kidney ....................................................................................................... 1.0 12/31/03

Cattle, mbyp (except kidney) ............................................................................... 0.1 12/31/03

Cattle, meat ......................................................................................................... 0.1 12/31/03

Goats, fat ............................................................................................................. 0.1 12/31/03

Goats, kidney ....................................................................................................... 1.0 12/31/03

Goats, mbyp (except kidney) ............................................................................... 0.1 12/31/03

Goats, meat ......................................................................................................... 0.1 12/31/03

Grass, forage ....................................................................................................... 30 12/31/03

Grass, hay ........................................................................................................... 15 12/31/03

Hogs, fat .............................................................................................................. 0.1 12/31/03

Hogs, kidney ........................................................................................................ 1.0 12/31/03

Hogs, mbyp (except kidney) ................................................................................ 0.1 12/31/03

Hogs, meat .......................................................................................................... 0.1 12/31/03

Horses, fat ........................................................................................................... 0.1 12/31/03

Horses, kidney ..................................................................................................... 1.0 12/31/03

Horses, mbyp (except kidney) ............................................................................. 0.1 12/31/03

Horses, meat ....................................................................................................... 0.1 12/31/03

Sheep, fat ............................................................................................................ 0.1 12/31/03

Sheep, kidney ...................................................................................................... 1.0 12/31/03

Sheep, mbyp (except kidney) .............................................................................. 0.1 12/31/03

Sheep, meat ........................................................................................................ 0.1 12/31/03

* * * * * 20. In § 180.505, the table in

paragraph (b) is revised to read as

follows:

§ 180.505 Emamectin benzoate; tolerances

for residues.

* * * * *

(b) * * *

Commodity Parts per million Expiration/revocation date

Cattle, fat ............................................................................................................. 0.002 12/31/02

Cattle, meat ......................................................................................................... 0.002 12/31/02

Cattle, meat byproduct ........................................................................................ 0.002 12/31/02

Cotton gin byproduct ........................................................................................... 0.025 12/31/02

Cotton hulls .......................................................................................................... 0.004 12/31/02

Cotton, meal ........................................................................................................ 0.002 12/31/02

Cottonseed ........................................................................................................... 0.002 12/31/02

Cottonseed oil ...................................................................................................... 0.006 12/31/02

Goats, fat ............................................................................................................. 0.002 12/31/02

Goats, meat ......................................................................................................... 0.002 12/31/02

Goats, meat byproduct ........................................................................................ 0.002 12/31/02

Hogs, fat .............................................................................................................. 0.002 12/31/02

Hogs, meat .......................................................................................................... 0.002 12/31/02

Hogs, meat byproduct ......................................................................................... 0.002 12/31/02

Milk ....................................................................................................................... 0.002 12/31/02

Federal Register / Vol. 66, No. 241 / Friday, December 14, 2001 / Rules and Regulations 64775

Commodity Parts per million Expiration/revocation date

Sheep, fat ............................................................................................................ 0.002 12/31/02

Sheep, meat ........................................................................................................ 0.002 12/31/02

Sheep, meat byproduct ....................................................................................... 0.002 12/31/02

* * * * *

§ 180.509 [Amended]

21. In § 180.509, in the table to

paragraph (b), amend the entries for

barley, bran; barley, flour; barley, grain;

barley, hay; barley, pearled; barley,

straw; wheat grain; wheat straw by

revising the expiration date ‘‘12/31/01’’

to read ‘‘12/31/03.’’

§ 180.516 [Amended]

22. In § 180.516, in the table to

paragraph (b), amend the entries for

apricots, nectarines, peaches, and plums

by revising the expiration date ‘‘12/31/

01’’ to read ‘‘12/31/03.’’

§ 180.532 [Amended]

23. In § 180.532, in the table to

paragraph (b), amend the entry for

caneberries by revising the expiration

date ‘‘12/31/01’’ to read ‘‘12/31/03.’’

[FR Doc. 01–30916 Filed 12–13–01; 8:45 am]

BILLING CODE 6560–50–S

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 54

[CC Docket No. 96–45; FCC 01–268]

Federal-State Joint Board on Universal

Service; Petition of Federal Transtel,

Inc. for Waiver of Universal Service

Fund Contribution Requirements

AGENCY: Federal Communications

Commission.

ACTION: Final rule; denial of waiver

request.

SUMMARY: In this document, the

Commission denies the request of

Federal Transtel, Inc. (Federal Transtel)

to waive or reconsider the Commission’s

rules and permit Federal Transtel to

recalculate its 1998 and 1999

contributions to the federal universal

service mechanisms. Specifically, the

Commission concludes that Federal

Transtel has failed to demonstrate good

cause to grant a waiver.

FOR FURTHER INFORMATION CONTACT:

Richard D. Smith, Attorney, Common

Carrier Bureau, Accounting Policy

Division, (202) 418–7400.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s

Memorandum Opinion and Order and

Order on Reconsideration in CC Docket

No. 96–45 released on September 20,

2001. The full text of this document is

available for public inspection during

regular business hours in the FCC

Reference Center, Room CY-A257, 445

Twelfth Street, S.W., Washington, D.C.,

20554.

I. Introduction

1. In this Order, the Commission

denies the request of Federal Transtel to

waive or reconsider the Commission’s

rules in 47 CFR 54.703, 54.709, and

54.711 and permit Federal Transtel to

recalculate its 1998 and 1999

contributions to the federal universal

service mechanisms. Specifically, the

Commission concludes that Federal

Transtel has failed to demonstrate good

cause to grant a waiver. Furthermore, to

the extent that Federal Transtel’s

petition seeks reconsideration of

Commission rules that required carriers

to base federal universal service

contributions on prior year revenues,

the Commission denies such request as

untimely. In so doing, we also note that

the Commission has recently amended

its contribution methodology and these

changes may address many of the

substantive concerns raised in Federal

Transtel’s petition.

II. Discussion

2. The Commission concludes that

Federal Transtel has failed to

demonstrate that good cause exists to

grant its request to waive the

Commission’s rules and thereby permit

the recalculation of its 1998 and 1999

contributions to the federal universal

service mechanisms. Consistent with

the Commission’s prior decisions, we

conclude that granting such a request

would be contrary to the principle of

competitive neutrality and Congress’

mandate that all carriers contribute to

the federal universal service

mechanisms on an equitable and

nondiscriminatory basis. To the extent

that Federal Transtel seeks

reconsideration of the requirement to

base federal universal service

contributions on prior year revenues,

the Commission concludes that such

request is untimely. In addition, many

of Federal Transtel’s concerns have been

addressed in a recent Commission

proceeding.

A. Federal Transtel’s Waiver Petition

3. Generally, the Commission’s rules

may be waived for good cause shown.

As noted by the Court of Appeals for the

D.C. Circuit, however, agency rules are

presumed valid. The Commission may

exercise its discretion to waive a rule

where the particular facts make strict

compliance inconsistent with the public

interest. In addition, the Commission

may take into account considerations of

hardship, equity, or more effective

implementation of overall policy on an

individual basis. Waiver of the

Commission’s rules is therefore

appropriate only if special

circumstances warrant a deviation from

the general rule, and such a deviation

will serve the public interest.

4. We are not persuaded that Federal

Transtel’s alleged inability to recover

contributions in 1998 and 1999 from its

current customers is a special

circumstance warranting waiver of the

prior year revenue contribution

methodology. The Commission does not

require carriers to recover their

universal service contributions from

customers. Rather, the Commission has

given carriers the flexibility to decide

whether and how they should recover

their contributions, as markets become

increasingly competitive. Although the

Commission permits carriers to pass

through all or part of their universal

service contributions to their customers,

the requirement to contribute remains

whether or not a carrier passes such

costs through to its customers. In

addition, carriers are not precluded

from anticipating the possible effects of

declining revenues in the following year

and reserving a portion of their current

revenues to meet the contribution

obligations that arise in the following

year. Contrary to Federal Transtel’s

contention, the obligation to contribute

to the universal service mechanisms

based upon prior year revenues was not

retroactively imposed on carriers.

Carriers were given notice in July 1997

that contributions to the federal

universal service mechanisms in 1998

would be based on prior year revenues.

Therefore, the Commission concludes

that carriers were provided with

sufficient notice to develop business

plans in anticipation of the

implementation of the universal service

contribution methodology beginning

January 1, 1998.