9770 Federal Register / Vol. 66, No. 29 / Monday, February 12, 2001 / Rules and Regulations

or on the distribution of power and

responsibilities among the various

levels of governments, as specified by

Executive Order 13132 (64 FR 43255,

August 10, 1999). This rule also is not

subject to Executive Order 13045 (62 FR

19885, April 23, 1997), because it is not

economically significant.

This technical correction action does

not involve technical standards; thus

the requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. The rule also

does not involve special consideration

of environmental justice related issues

as required by Executive Order 12898

(59 FR 7629, February 16, 1994). In

issuing this rule, EPA has taken the

necessary steps to eliminate drafting

errors and ambiguity, minimize

potential litigation, and provide a clear

legal standard for affected conduct, as

required by section 3 of Executive Order

12988 (61 FR 4729, February 7, 1996).

EPA has complied with Executive Order

12630 (53 FR 8859, March 15, 1998) by

examining the takings implications of

the rule in accordance with the

‘‘Attorney General’s Supplemental

Guidelines for the Evaluation of Risk

and Avoidance of Unanticipated

Takings’’ issued under the executive

order. This rule does not impose an

information collection burden under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq).

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. Section 808 allows

the issuing agency to make a rule

effective sooner than otherwise

provided by the CRA if the agency

makes a good cause finding that notice

and public procedure is impracticable,

unnecessary or contrary to the public

interest. This determination must be

supported by a brief statement. 5 U.S.C.

808(2). As stated previously, EPA had

made such a good cause finding,

including the reasons therefore, and

established an effective date of February

2, 2001. 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 the rule in

the Federal Register. This correction to

40 CFR 52.1076(e) for Maryland is not

a ‘‘major rule’’ as defined by 5 U.S.C.

804(2).

Dated: February 5, 2001.

Thomas C. Voltaggio,

Acting Regional Administrator, EPA Region

III.

[FR Doc. 01–3504 Filed 2–9–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301100; FRL–6762–9]

RIN 2070–AB78

Carboxin; Extension of Tolerance for

Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation re-establishes

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 part per million (ppm) for an

additional 12 month period. This

tolerance will expire and is revoked on

December 31, 2001. This action is in

response to EPA’s granting of an

emergency exemption under section 18

of the Federal Insecticide, Fungicide,

and Rodenticide Act (FIFRA)

authorizing use of the pesticide on

onions, dry bulb. 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 under section 18 of FIFRA.

DATES: This regulation is effective

February 12, 2001. Objections and

requests for hearings, identified by

docket control number OPP–301100,

must be received by EPA on or before

April 13, 2001.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, 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–301100 in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: By

mail: Dan Rosenblatt, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number: (703) 308–9375; and e-mail

address: rosenblatt.dan@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:

Categories NAICS

codes

Examples of Potentially Affected

Entities

Industry 111 Crop production

112 Animal production

311 Food manufacturing

32532 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 the person

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/.

2. In person. The Agency has

established an official record for this

action under docket control number

OPP–301100. The official record

consists of the documents specifically

referenced in this action, and other

information related to this action,

Federal Register / Vol. 66, No. 29 / Monday, February 12, 2001 / Rules and Regulations 9771

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 issued a final rule, published in

the Federal Register of February 3, 1997

(62 FR 4911) (FRL–5584–5), which

announced that on its own initiative

under section 408 of the FFDCA, 21

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

Quality Protection Act of 1996 (FQPA)

(Public Law 104–170) it established a

time-limited tolerance for the combined

residues of carboxin and its metabolites

in or on onions, dry bulb at 0.2 ppm,

with an expiration date of January 17,

1998. In a separate notice of March 10,

1999 (64 FR 11799) (FRL–6065–1), EPA

extended this time-limited tolerance

until June 30, 2000. EPA established the

tolerance because section 408(l)(6) of

the 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 under section 18 of FIFRA. Such

tolerances can be established without

providing notice or period for public

comment.

EPA received a request to extend the

use of carboxin on onions, dry bulb, for

this year’s growing season due to

anticipated crop yield losses connected

with the development of onion smut.

This problem is caused by the fungus

Urocystis magica. Without the requested

program, growers may not have an

alternative fungicide product adequate

to avert a significant economic

emergency. After having reviewed the

submission, EPA concurs that

emergency conditions exist. EPA has

authorized under FIFRA section 18 the

use of carboxin on onions, dry bulb for

control of onion smut in California. The

treated seed may be forwarded to

growers in Indiana, Iowa, Michigan,

Minnesota, New Jersey, New York,

Ohio, and Wisconsin.

EPA assessed the potential risks

presented by residues of carboxin and

its metabolites in or on onions, dry bulb.

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

of February 3, 1997 (62 FR 4911). Based

on that data and information

considered, the Agency reaffirms that

extension of the time-limited tolerance

will continue to meet the requirements

of section 408(l)(6). Therefore, the timelimited tolerance is extended for an

additional 12 month period. EPA will

publish a document in the Federal

Register to remove the revoked

tolerance from the Code of Federal

Regulations (CFR). Although this

tolerance will expire and is revoked on

December 31, 2001, under FFDCA

section 408(l)(5), residues of the

pesticide not in excess of the amounts

specified in the tolerance remaining in

or on onions, dry bulb after that date

will not be unlawful, provided the

pesticide is applied in a manner that

was lawful under FIFRA and the

application occurred prior to the

revocation of the tolerance. EPA will

take action to revoke this tolerance

earlier if any experience with, scientific

data on, or other relevant information

on this pesticide indicate that the

residues are not safe.

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 the FQPA of 1996, EPA will

continue to use those procedures, with

appropriate adjustments, until the

necessary modifications can be made.

The new 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

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–301100 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 April 13, 2001.

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–

9772 Federal Register / Vol. 66, No. 29 / Monday, February 12, 2001 / Rules and Regulations

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–301100, 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 e-mail to: oppdocket@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 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 a timelimited tolerance 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). This final rule does

not contain any information collections

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 on the basis of a FIFRA

section 18 petition under FFDCA

section 408, such as the [tolerance] 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.

Federal Register / Vol. 66, No. 29 / Monday, February 12, 2001 / Rules and Regulations 9773

Dated: February 5, 2001.

James Jones,

Director, Registration Division, Office of

Pesticides 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

371.

§ 180.301 [Amended]

2. In § 180.301, amend paragraph (b)

by revising the date ‘‘6/30/00’’ to read

‘‘12/31/01.’’

[FR Doc. 01–3622 Filed 2–9–01; 8:45 am]

BILLING CODE 6560–50–S

CORPORATION FOR NATIONAL AND

COMMUNITY SERVICE

45 CFR Part 2525

RIN 3045–AA09

AmeriCorps Education Awards: Delay

of Effective Date

AGENCY: Corporation for National and

Community Service.

ACTION: Final rule; delay of effective

date.

SUMMARY: In accordance with the

memorandum of January 20, 2001, from

the Assistant to the President and Chief

of Staff, entitled ‘‘Regulatory Review

Plan,’’ published in the Federal Register

on January 24, 2001, this action

temporarily delays for 60 days the

effective date of an amendment to the

rule entitled ‘‘AmeriCorps Education

Awards,’’ published in the Federal

Register on December 13, 2000, at 65 FR

77820. This rule concerns an individual

who successfully completes a term of

service in a national service position

(referred to as an ‘‘AmeriCorps

member’’) is eligible for an education

award. An AmeriCorps Member may

use an education award to repay

qualified student loans or to pay for

approved educational expenses. To the

extent that 5 U.S.C. section 553 applies

to this action, it is exempt from notice

and comment because it constitutes a

rule of procedure under 5 U.S.C. section

553(b)(A). Alternatively, the

Corporation’s implementation of this

action without opportunity for public

comment, effective immediately upon

publication today in the Federal

Register, is based on the good cause

exceptions in 5 U.S.C. section 553(b)(B)

and 553(d)(3) seeking public comment

is impracticable, unnecessary and

contrary to the public interest. The

temporary 60-day delay in effective date

is necessary to allow further review and

consideration of new regulations,

consistent with the Assistant to the

President’s memorandum of January 20,

2001. Given the imminence of the

effective date, seeking prior public

comment on this temporary delay

would have been impractical, as well as

contrary to the public interest in the

orderly promulgation and

implementation of regulations. The

imminence of the effective date is also

good cause for making this rule effective

immediately upon publication.

EFFECTIVE DATES: The effective date of

the AmeriCorps Education Awards,

published in the Federal Register on

December 13, 2000, at 65 FR 77820, is

delayed for 60 days, from February 12,

2001, to a new effective date of April 13,

2001.

FOR FURTHER INFORMATION CONTACT: Gary

Kowalczyk, Coordination of National

Service Programs, Corporation for

National and Community Service, (202)

606–5000, ext. 340.

Dated: February 7, 2001.

Frank R. Trinity,

Acting General Counsel.

[FR Doc. 01–3559 Filed 2–9–01; 8:45 am]

BILLING CODE 6050–$$–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 24

[WT Docket No. 97–82; FCC 01–17]

Installment Payment Financing for

Personal Communications Services

(PCS) Licensees

AGENCY: Federal Communications

Commission.

ACTION: Final rule; denial.

SUMMARY: This document denies five

petitions for reconsideration

(‘‘Petitions’’) of the Commission’s Sixth

Report and Order and Order on

Reconsideration (‘‘C/F Block Sixth

Report and Order’’) challenging a

number of the modifications to the C

and F block service and auction rules.

The Commission declines to further

revise its rules and affirms its

modifications as adopted in the C/F

Block Sixth Report and Order.

FOR FURTHER INFORMATION CONTACT:

Regina Martin, Auctions and Industry

Analysis Division, Wireless

Telecommunications Bureau, at (202)

418–0660.

SUPPLEMENTARY INFORMATION: This is a

summary of an Order on

Reconsideration (Order) in WT Docket

No. 97–82, adopted on January 16, 2001,

and released on January 18, 2001. The

complete text of the Order is available

for inspection and copying during

normal business hours in the FCC

Reference Center (Room CY–A257), 445

12th Street, SW., Washington, DC. It

may also be purchased from the

Commission’s copy contractor,

International Transcription Services,

Inc. (ITS, Inc.), 445 12th Street, SW.,

Room CY–B400, Washington, DC 20554,

(202) 314–3070. The Order is also

available on the Internet at the

Commission’s web site: http://

www.fec.gov/wtb/documents.html.

I. Introduction

1. In the Order, we address the five

petitions for reconsideration

(‘‘Petitions’’) of the Commission’s C/F

Block Sixth Report and Order, 65 FR

53624 (September 5, 2000). In that

document we modified the auction and

service rules for C and F block

broadband Personal Communications

Services (PCS) licenses. For the reasons

set forth, we deny these Petitions and

affirm our findings in the C/F Block

Sixth Report and Order.

II. Background

2. The Commission outlined the

original framework for C and F block

auctions in the 1994 Competitive

Bidding Fifth Report and Order,

establishing the C and F blocks as ‘‘setaside’’ licenses for ‘‘entrepreneurs’’ in

which eligibility would be restricted to

entities below a specified financial

threshold. See 59 FR 37566 (July 22,

1994). These provisions were consistent

with Congress’ mandate to promote

participation of small businesses, rural

telephone companies, and businesses

owned by members of minority groups

and women (collectively ‘‘designated

entities’’) in the provision of spectrumbased services. In addition, the

Commission adopted special provisions

for the C and F blocks to assist

designated entities.

3. Section 309(j)(4) of the

Communications Act directs the

Commission, in prescribing regulations

to implement the objectives of section

309(j)(3), to, inter alia: (i) Establish

performance requirements to ensure

prompt delivery of service to rural areas

and prevent warehousing of spectrum

by licensees; (ii) prescribe area

designations and bandwidth

assignments that promote an equitable

geographic distribution of licenses and

services, economic opportunity for a

wide variety of applicants, including

designated entities, and rapid

deployment of services; and (iii) ensure