Rules and Regulations. Final rule
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BILLING CODE 4120-01-P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 101 [WT Docket No. 07-54; RM-11043; FCC 07-163] Amendment of the Commission's Rules To Modify Antenna Requirements for the 10.7-11.7 GHz Band AGENCY: Federal Communications Commission. ACTION: Final rule. SUMMARY: In this document, the Commission amends its rules to allow the use of smaller antennas by Fixed Service licensees in the 10.7-11.7 GHz band. The Commission also adopts rules to ensure that the use of smaller antennas does not harm other users in the band.
This action will facilitate a range of fixed microwave applications—including those that support next generation mobile services—that are not accommodated under the existing rules for the band. DATES: *Effective Date:* October 31, 2007. FOR FURTHER INFORMATION CONTACT: Brian Wondrack, Broadband Division, Wireless Telecommunications Bureau at
(202)418-0653 or via the Internet at *Brian.Wondrack@fcc.gov.* SUPPLEMENTARY INFORMATION: This is a summary of the Commission's *Report and Order,* WT Docket No. 07-54, RM-11043, adopted September 7, 2007 and released September 10, 2007. The full text of this document is available on the Commission's Internet site at *http://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 Street, SW., Room CY-B402, Washington, DC 20554; telephone
(202)488-5300; fax
(202)488-5563; e-mail *FCC@BCPIWEB.COM.* Alternate formats are available to persons with disabilities by e-mail @ *FCC504@fcc.gov* or by calling
(202)418-0530 or TTY
(202)418-0432. I. Summary of the Report and Order (WT Docket No. 07-54) 1. In this *Report and Order,* in WT Docket No. 07-54, the Commission adopted amendments to 47 CFR 101.115 to permit the installation of smaller antennas by Fixed Service
(FS)operators in the 10.7-11.7 GHz (11 GHz) band. The Commission also amended 47 CFR 101.115 to require any FS licensee that deploys a smaller antenna that does not comply with Category A standard in the 11 GHz band to ensure that the introduction of such an antenna into the 11 GHz band does not cause any more interference to other licensees and applicants in the band than an antenna meeting the Category A standard. The Commission found that these modifications serve the public interest by facilitating the efficient use of the 11 GHz band while protecting other users in the band from interference. Because our adoption of the subject rules permits FS licensees to deploy smaller antennas without seeking waivers, the *Report and Order* also dismissed, as moot, pending requests for waiver to allow the use of smaller antennas in the 11 GHz band. 2. The Commission found that allowing licensees the flexibility of using smaller antennas in the 11 GHz band serves the public interest because the lower costs and enhanced benefits associated with 0.61 meter antennas will result in a more efficient use of the 11 GHz band without harming existing users. Technology has evolved since the Commission adopted the current antenna specifications for the 11 GHz band, and actions taken by the Commission in other FS and mobile bands have increased the need for greater flexibility for FS in the 11 GHz band. Antenna standards exist for the purpose of promoting the use of the most discriminating equipment to facilitate the introduction of new transmission paths. As noted in the NPRM, the Commission has reconsidered similar technical specifications that effectively limited the size of antennas used in other bands, including those used by satellite, in light of the technological evolution of communications equipment since those specifications were first adopted. Accordingly, the Commission found amending the antenna specifications in the 11 GHz band to be consistent with actions taken in other bands, including the 10 GHz band. 3. The Commission rejected the contentions by some commenting parties that proponents of the rule change have failed to demonstrate that there is a need for additional FS operations in the 11 GHz band and that harmful interference can be avoided. The Commission found that commenting parties presented a strong record demonstrating that the proposed rule would afford FS users the flexibility necessary to more fully and efficiently utilize the 11 GHz band by deploying 0.61 meter antennas, thereby facilitating a range of fixed microwave applications, including backhaul and more innovative and emerging wireless services. The FS has a special need for flexibility in the use of their spectrum because the Commission has reallocated FS spectrum to other services in recent years and because the new spectrum available to FS is most suitable for short-range applications. 4. The Commission also rejected, as unfounded, the suggestion that the use of smaller antennas would limit the availability of 11 GHz spectrum in rural areas. No evidence was introduced to support such a contention in this proceeding. The Commission anticipated that most small antennas will be used for shorter links in urban or suburban areas. However, the Commission also noted that it is not in the public interest to make less efficient use of the spectrum solely for the convenience of one licensee. 5. The 11 GHz band is allocated within the United States on a co-primary basis to FS and Fixed Satellite Service (FSS). In this *Report and Order* , the Commission rejected the proposal by Intelsat, Ltd. to segment the 11 GHz band by allocating 500 megahertz of spectrum to FS and 500 megahertz of spectrum to the FSS. The Commission found that the proposal exceeds the scope of this proceeding. The Commission also found that there is no record to support such an action in this proceeding. The Commission noted that the band segmentation proposal was a radically different solution for avoiding interference between FS and FSS operators and has been offered at the comment stage in this proceeding without any study of its implications. Furthermore, the domestic use of the 11 GHz band by the FSS has been limited, to date, because it has sought to protect the use and expansion of terrestrial microwave services within the band. The Commission emphasized in the *Report and Order* that its rules explicitly limit satellite use of the 11 GHz band to international systems. Under those circumstances, the *Report and Order* found no support for denying FS operators access to half of the 11 GHz band. The Commission has designated the 11 GHz band as one of the relocation bands for emerging technologies. 6. In the *Report and Order* , the Commission adopted modifications to the antenna standards for FS operation in the 11 GHz band. The Commission rejected FiberTower's proposal to have two different Category A and Category B standards. Instead, the Commission revised the Category B standard and treated all antennas that do not comply with the Category A standard as Category B antennas. The Commission also adopted a special provision allowing the use of 11 GHz Category B antennas in all areas, as opposed the normal restriction limiting Category B antennas to rural areas. The Commission also rejected a proposal to impose an EIRP limitation on facilities using Category B antennas. Although the Commission generally agreed that larger antennas will be more appropriate for longer links, it found that there may be situations where an operator has no alternative to using a smaller antenna for a longer link. 7. The Commission generally concluded that allowing smaller antennas in the 11 GHz band will not harm existing users. An applicant proposing the use of a smaller antenna will need to coordinate its proposed facilities with existing users. Moreover, the record contained specific analyses submitted by proponents of the rule changes indicating that the use of smaller FS antennas in the 11 GHz band is not likely to cause significantly more interference than current antennas. Although the Commission specifically sought comment on the Alcatel *White Paper* in the *NPRM,* none of the opponents of allowing smaller antennas in the 11 GHz band addressed the *White Paper* or attempted to rebut its showings. In addition, the Commission further noted that none of the opponents offered any engineering analysis to show that there would be any material risk of increased interference. 8. The Commission rejected arguments by Intelsat, Ltd. that the Commission should prohibit the use of smaller antennas in the 11 GHz band because other users in the band will experience harmful interference due to the aggregate effect of several nearby FS antennas. The Commission emphasized that no opponent of the rule changes provided any engineering analysis or other evidence to support their contentions. Moreover, the Commission found that the existing coordination procedures, such as the right of existing users to raise objections in the coordination process and the practice of using different frequency channels, should be sufficient to protect existing FS and FSS operators. The Commission noted that the primary concern of opponents appears to be that allowing the use of smaller antennas in the 11 GHz band would result in increased FS use of the band and increase the possibility that aggregate interference would occur. However, the Commission emphasized that it has limited the expansion of FSS in the 11 GHz band in order protect the future use of the band for FS. Accordingly, the Commission viewed rule changes that would allow greater FS use of the 11 GHz band as beneficial to the public interest, so long as existing users would not be harmed. 9. In the *Report and Order* , the Commission noted that Mobile Satellite Ventures, L.P.
(MSV)and Terrestar Networks, Inc. (Terrestar) identified a more specific concern about the effect of aggregate interference on its next generation, geostationary orbit
(GSO)Mobile Satellite Service
(MSS)gateway earth stations authorized for feeder link operations in the 11 GHz band. The Commission stated that it expected all FS applicants for new or modified facilities in the 11 GHz band to carefully coordinate their operations with the authorized feeder link operations of any licensed GSO MSS gateway earth station in the 11 GHz band so as to avoid harmful aggregate interference. Specifically, the Commission expects FS applicants to consider the possibility of aggregate interference in determining whether they must coordinate with the authorized feeder link operations of any licensed GSO MSS gateway earth station in the 11 GHz band. If an MSS licensee raises aggregate interference concerns in the coordination process, the Commission stated that the licensee and the FS applicant must work to resolve those concerns in the coordination process. If issues relating to aggregate interference are brought to the Commission's attention, either in a statement submitted with an application or in a timely petition, the Commission will carefully consider such issues. 10. The Commission rejects the unsupported contention that errors in correctly pointing antennas will occur more frequently with smaller antennas and thereby cause greater interference to other users in the band. FS licensees and equipment manufacturers demonstrated that they have a strong incentive to accurately point their antennas and routinely point antennas to a high degree of accuracy. The record demonstrated that there is no significant difference between antennas currently authorized under the Commission's Rules and smaller antennas in terms of the likelihood of pointing error. Furthermore, the parties stated that they would work quickly to correct any pointing errors that do occur, and the Commission expects all licensees to promptly remedy any errors that do exist. 11. The Commission adopted a rule that in those instances where a FS licensee deploys a smaller, Category B compliant antenna in the 11 GHz band, the FS licensee must modify the use of such antenna if another FS or FSS licensee or applicant in the 11 GHz band makes a showing
(i)that it is likely to receive interference due to the use of the smaller, Category B compliant antenna and
(ii)that such interference would not exist if the FS station were using a Category A compliant antenna instead. In response to such a showing, the FS licensee that had opted to deploy a smaller, Category B compliant antenna must either replace its antenna with a Category A complaint antenna or appropriately reduce EIRP. That rule will place other applicants and licensees in the 11 GHz band—whether FS or FSS—in a position no worse than if an FS licensee were using a Category A compliant antenna. The Commission rejected a proposal to place language in the rule referencing the on-axis EIRP of the station in question as unnecessary and unduly restrictive. The Commission believes that FS licensees using smaller antennas should have the flexibility to adjust their EIRP in order to resolve interference concerns, so long as FS and FSS applicants are no worse off than they were if the licensee was using an antenna meeting Category A standards. 12. The Commission also adopted a rule stating that a FS licensee that opts to deploy a Category B compliant antenna in the 11 GHz band may only object to a prior coordination notice based on interference if the predicted interference would not otherwise exist if the FS licensee were using a Category A compliant antenna instead of a Category B compliant antenna. The Commission found that the adoption of these rules serves the public interest by appropriately balancing the rights of all interested parties in the 11 GHz band, promoting the efficient use of the spectrum, and protecting the rights of existing and future users of the band. 13. The Commission also declined to establish a deadline for the resolution of interference complaints involving FS interference to FSS earth stations. The Commission has not mandated a specific deadline for resolving interference complaints in other point-to-point microwave bands, and the 11 GHz band does not have any unique characteristics that would justify a special rule for that band. In addition, proponents of the proposal failed to demonstrate that our existing rules are inadequate or that FS licensees are unwilling to resolve interference issues as they occur. 14. Nextlink Wireless, Inc., First Avenue Networks, Inc., Telecom Transport Management, Inc., and Conterra Ultra Broadband, LLC had filed waiver requests seeking permission to use smaller antennas in the 11 GHz band. The Commission dismissed the pending waiver requests as moot. The rules adopted in this *Report and Order* will provide the parties seeking a waiver with the opportunity to use smaller antennas in the 11 GHz band. The Commission granted FiberTower a waiver to permit it to deploy smaller antennas in the 11 GHz band subject to a condition that it must comply with the outcome of this rulemaking proceeding. The Commission will terminate the waiver granted to FiberTower on the date the rules adopted herein become effective. II. Final Regulatory Flexibility Analysis 15. As required by the Regulatory Flexibility Act of 1980, as amended (RFA), we incorporated an Initial Regulatory Flexibility Analysis
(IRFA)of the possible significant economic impact on a substantial number of small entities by the policies and rules proposed in the *Notice of Proposed Rule Making* ( *NPRM* ) in WT Docket 07-54. The Commission sought written public comment on the proposals in the *NPRM* , including comment on the IRFA. Because we amend the rules in this *Report and Order* , we have included this Final Regulatory Flexibility Analysis (FRFA). This present FRFA conforms to the RFA. A. Need for, and Objectives of, This Report and Order 16. In this *Report and Order* , we adopt amendments to Section 101.115 of the Commission's rules to permit the installation of smaller antennas by Fixed Service
(FS)operators in the 10.7—11.7 GHz (11 GHz) band. Section 101.115(b) of the Commission's rules establishes directional antenna standards designed to maximize the use of microwave spectrum, including the 11 GHz band, while avoiding interference between operators. More specifically, the Commission's rules set forth certain requirements, specifications, and conditions pursuant to which FS stations may use antennas that comply with either the more stringent performance standard in Category A (also known as Standard A) or the less stringent performance standard in Category B (also known as Standard B). The rule on its face does not mandate a specific size of antenna. Rather, it specifies certain technical parameters—maximum beamwidth, minimum antenna gain, and minimum radiation suppression—that, depending on the state of technology at any point in time, directly affect the size of a compliant antenna that may be deployed in the 11 GHz band. The Commission found a demonstrated need in this proceeding to reconsider and to modify the antenna standards set forth in Section 101.115 of the Commission's rules because actions taken by the Commission in other bands have increased the need for greater flexibility for FS in the 11 GHz band; because technology has significantly evolved since the Commission last considered the antenna specifications for the 11 GHz band; and because the Commission has reconsidered similar technical specifications that effectively limited the size of antennas used in other bands, including those used by satellite, in light of the technological evolution of communications equipment since those specifications were first adopted. 17. In this *Report and Order* , we adopt amendments to Section 101.115 of the Commission's rules to revise the Category B standards for the 11 GHz band to permit, as proposed in the *NPRM,* the use of FS antennas with reduced mainbeam gain, increased beamwidth, and modified sidelobe suppression. We conclude in this *Report and Order* that, by treating smaller antennas that do not comply with Category A standard as Category B antennas, the amended rules will afford licensees maximum flexibility in deploying FS antennas in the 11 GHz band. While licensees in the FS will now have additional options to deploy smaller antennas in the 11 GHz band that comply with the revised Category B standard, FS licensees also retain the discretion to maintain and continue to deploy Category A compliant antennas in the band. In this *Report and Order* , we also amend Section 101.115 of the Commission's rules to impose a duty on any FS licensee that deploys a smaller antenna in the 11 GHz band that does not comply with the Category A standard to ensure that the introduction of such antennas does not cause harmful interference to other licensees and applicants in the band. We find that the amendments we adopt in this *Report and Order* further the public interest and promote our goals of facilitating the efficient use of the 11 GHz band while also protecting other users in the band from interference. B. Summary of Significant Issues Raised by Public Comments in Response to the NPRM 18. There were no comments filed that specifically addressed the rules and policies proposed in the IRFA. C. Description and Estimate of the Number of Small Entities to Which Rules Will Apply 19. The RFA directs agencies to provide a description of, and where feasible, an estimate of the number of small entities that may be affected by the rules adopted herein. The RFA generally defines the term “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small governmental jurisdiction.” In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act. A “small business concern” is one which:
(1)Is independently owned and operated;
(2)is not dominant in its field of operation; and
(3)satisfies any additional criteria established by the SBA. 20. Nationwide, there are a total of approximately 22.4 million small businesses, according to SBA data. A “small organization” is generally “any not-for-profit enterprise which is independently owned and operated and is not dominant in its field.” Nationwide, as of 2002, there were approximately 1.6 million small organizations. The term “small governmental jurisdiction” is defined generally as “governments of cities, towns, townships, villages, school districts, or special districts, with a population of less than fifty thousand.” Census Bureau data for 2002 indicate that there were 87,525 local governmental jurisdictions in the United States. We estimate that, of this total, 84,377 entities were “small governmental jurisdictions.” Thus, we estimate that most governmental jurisdictions are small. 21. Fixed Microwave Services. Microwave services include common carrier, private-operational fixed, and broadcast auxiliary radio services. At present, there are approximately 36,708 common carrier fixed licensees and 59,291 private operational-fixed licensees and broadcast auxiliary radio licensees in the microwave services. The Commission has not yet defined a small business with respect to microwave services. For purposes of the FRFA, we will use the SBA's definition applicable to Cellular and other Wireless Telecommunications companies—i.e., an entity with no more than 1,500 persons. Census Bureau data for 2002 show that there were 1,397 firms in this category that operated for the entire year. Of this total, 1,378 firms had employment of 999 or fewer employees, and 19 firms had employment of 1,000 employees or more. Thus, under this size standard, the majority of firms can be considered small. We note that the number of firms does not necessarily track the number of licensees. We estimate that all of the Fixed Microwave licensees (excluding broadcast auxiliary licensees) would qualify as small entities under the SBA definition. 22. Satellite Telecommunications and Other Telecommunications. There is no small business size standard developed specifically for providers of international service. The appropriate size standards under SBA rules are for the two broad census categories of “Satellite Telecommunications” and “Other Telecommunications.” Under both categories, such a business is small if it has $13.5 million or less in average annual receipts. 23. The first category of Satellite Telecommunications “comprises establishments primarily engaged in providing point-to-point telecommunications services to other establishments in the telecommunications and broadcasting industries by forwarding and receiving communications signals via a system of satellites or reselling satellite telecommunications.” For this category, Census Bureau data for 2002 show that there were a total of 371 firms that operated for the entire year. Of this total, 307 firms had annual receipts of under $10 million, and 26 firms had receipts of $10 million to $24,999,999. Consequently, we estimate that the majority of Satellite Telecommunications firms are small entities that might be affected by our action. 24. The second category of Other Telecommunications “comprises establishments primarily engaged in
(1)providing specialized telecommunications applications, such as satellite tracking, communications telemetry, and radar station operations; or
(2)providing satellite terminal stations and associated facilities operationally connected with one or more terrestrial communications systems and capable of transmitting telecommunications to or receiving telecommunications from satellite systems.” For this category, Census Bureau data for 2002 show that there were a total of 332 firms that operated for the entire year. Of this total, 259 firms had annual receipts of under $10 million and 15 firms had annual receipts of $10 million to $24,999,999. Consequently, we estimate that the majority of Other Telecommunications firms are small entities that might be affected by our action. 25. Space Stations (Geostationary). Commission records reveal that there are 15 space station licensees. We do not request nor collect annual revenue information, and thus are unable to estimate of the number of geostationary space stations that would constitute a small business under the SBA definition cited above, or apply any rules providing special consideration for Space Station (Geostationary) licensees that are small businesses. 26. Fixed Satellite Transmit/Receive Earth Stations. Currently there are approximately 3,390 operational fixed-satellite transmit/receive earth stations authorized for use in the C- and Ku-bands. The Commission does not request or collect annual revenue information, and thus is unable to estimate the number of earth stations that would constitute a small business under the SBA definition. D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements 27. This *Report and Order* adopts no new reporting or recordkeeping requirements. This *Report and Order* adopts amendments to Part 101 of the Commission's rules to afford FS licensees in the 11 GHz band with the flexibility to deploy smaller antennas that comply with the less stringent Category B standard or to maintain as well as continue to deploy antennas that comply with the more stringent Category A standard. The proposed amendments would apply equally to large and small entities and benefit all FS licensees by reducing the burden of seeking individual waivers to permit the use of smaller antennas in the 11 GHz band. E. Steps Taken To Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered 28. The RFA requires an agency to describe any significant alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others):
(1)The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities;
(2)the clarification, consolidation, or simplification of compliance or reporting requirements under the rule for small entities;
(3)the use of performance rather than design standards; and
(4)an exemption from coverage of the rule, or any part thereof for small entities. 29. In this *Report and Order* , we adopt amendments to Section 101.115 of the Commission's Rules to revise the Category B standard for the 11 GHz band to permit, as proposed in the NPRM, the use of FS antennas with reduced mainbeam gain, increased beamwidth, and modified sidelobe suppression. Licensees in the FS will now have additional options to deploy smaller antennas in the 11 GHz band that comply with the revised Category B standard while retaining the discretion to maintain and continue to deploy antennas that comply with the more stringent Category A standard, which has not been modified in this *Report and Order* . Smaller antennas that comply with the revised Category B standard cost less to acquire, deploy, and maintain, thereby reducing the expenditure of capital and human resources otherwise necessary to deploy and maintain Category A compliant antennas. We conclude in this *Report and Order* that our action serves the public interest by facilitating the efficient use of the 11 GHz band. The deployment of smaller antennas that comply with the revised Category B standard could promote a wide range of fixed microwave applications that are not currently being provided for in the 11 GHz band for financial, aesthetic, and regulatory reasons. In addition, a number of the commenting parties in this proceeding identify themselves as small business entities and express their need to deploy smaller antennas in the 11GHz band in order to open up economic opportunities and to provide for a wide range of services, including, for example, the provision of backhaul services. 30. *Report to Congress:* The Commission will send a copy of the *Report and Order* , including this FRFA, in a report to be sent to Congress pursuant to the Congressional Review Act. In addition, the Commission will send a copy of the *Report and Order* , including the FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the *Report and Order* and the FRFA (or summaries thereof) will also be published in the **Federal Register** . III. Procedural Matters 31. *Paperwork Reduction Analysis:* This document contains no new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104.13. 32. *Congressional Review Act:* The Commission will send a copy of this *Report and Order* in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801 (a)(1)(A). IV. Ordering Clauses 33. Pursuant to Sections 1, 2, 4(i), 7, 10, 201, 214, 301, 302, 303, 307, 308, 309, 310, 319, 324, 332, 333 and 706 of the Communications Act of 1934, 47 U.S.C. 151, 152, 154(i), 157, 160, 201, 214, 301, 302, 303, 307, 308, 309, 310, 319, 324, 332, 333, and 706, that this *Report and Order* is adopted. 34. Pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. 154(i), and Section 1.925 of the Commission's rules, that the Petition for Waiver filed by Nextlink Wireless, Inc. on August 4, 2006, the Petition for Waiver filed by First Avenue Networks, Inc. on August 10, 2006, the Petition for Waiver and Expedited Action filed by Telecom Transport Management, Inc. on September 8, 2006, and the Petition for Expedited Waiver Pending Rulemaking filed by Conterra Ultra Broadband, LLC on January 22, 2007 are dismissed as moot. 35. Pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. 154(i), and Section 1.925 of the Commission's rules, that the waiver granted to FiberTower Corporation in FiberTower, Inc., *Order* , 21 FCC Rcd 6386 (WTB 2006) is terminated on the date the rules adopted in this *Report and Order* become effective, with facilities authorized pursuant to the waiver being grandfathered. 36. The Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this *Report and Order* , including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. List of Subjects in 47 CFR Part 101 Communications equipment, Radio, Reporting and recordkeeping requirements. Federal Communications Commission. Marlene Dortch, Secretary. Rule Changes For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 101 as follows: PART 101—FIXED MICROWAVE SERVICES 1. The authority citation for part 101 continues to read as follows: Authority: 47 U.S.C. 154, 303. 2. Section 101.115 is amended by revising the entry for “10,700 to 11,700” 5 in the table following paragraph (b)(2), redesignating paragraph
(f)as paragraph (g), and adding a new paragraph
(f)to read as follows: § 101.115 Directional antennas.
(b)* * *
(2)* * * Frequency
(MHz)Category Maximum beam-width to 3 dB pts Minimum antenna Gain
(dBi)Minimum radiation suppression to angle in degrees from centerline of main beam in decibels 5° to 10° 10° to 15° 15° to 20° 20° to 30° 30° to 100° 100° to 140° 140° to 180° * * * * * * * 10,700-11,700 5 A 2.2 38 25 29 33 36 42 55 55 B 3.5 33.5 17 24 28 32 35 40 45 * * * * * * *
(f)In the 10,700-11,700 MHz band, a fixed station may employ transmitting and receiving antennas meeting performance standard B in any area. If a Fixed Service or Fixed Satellite Service licensee or applicant makes a showing that it is likely to receive interference from such fixed station and that such interference would not exist if the fixed station used an antenna meeting performance standard A, the fixed station licensee must modify its use. Specifically, the fixed station licensee must either substitute an antenna meeting performance standard A or operate its system with an EIRP reduced so as not to radiate, in the direction of the other licensee, an EIRP in excess of that which would be radiated by a station using a Category A antenna and operating with the maximum EIRP allowed by the rules. A licensee or prior applicant using an antenna that does not meet performance Standard A may object to a prior coordination notice based on interference only if such interference would be predicted to exist if the licensee or prior applicant used an antenna meeting performance standard A. [FR Doc. E7-19342 Filed 9-28-07; 8:45 am] BILLING CODE 6712-01-P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 105, 106, 107, 110, 130, 171, 172, 173, 174, 175, 176, 178, 179 and 180 [Docket No. PHMSA-2007-29245 (HM-244)] RIN 2137-AE30 Hazardous Materials Regulations: Minor Editorial Corrections and Clarifications AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Final rule. SUMMARY: This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations (HMR). The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non-substantive changes that do not impose new requirements. DATES: *Effective date:* October 1, 2007. FOR FURTHER INFORMATION CONTACT: Dirk Der Kinderen, Office of Hazardous Materials Standards,
(202)366-8553, PHMSA, East Building, PHH-10, 1200 New Jersey Avenue, SE., Washington, DC 20590. SUPPLEMENTARY INFORMATION: I. Background PHMSA annually reviews the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to identify typographical and other errors, outdated addresses or other contact information, and similar errors. In this final rule, we are correcting typographical errors; incorrect CFR references and citations; inaccurate office names; inconsistent use of terminology; misstatements of certain regulatory requirements; and inadvertent omissions of information. In addition, this final rule revises the address for PHMSA to indicate the new location for the headquarters office. Because these amendments do not impose new requirements, notice and public comment procedures are unnecessary. By making these amendments effective without the customary 30-day delay following publication, the changes will appear in the next revision of Title 49. The following is a summary by section of the major changes made in this final rule. The summary does not include minor editorial corrections such as punctuation errors, or similar minor revisions. II. Section-by-Section Review Part 107 Section 107.608 This section contains general requirements for registration. In paragraph (a), we are removing the reference to § 107.616(d) for consistency with revisions made in HM-208F (72 FR 24536; May 3, 2007). The HM-208F final rule removed paragraph
(d)of § 107.616. Part 171 Section 171.6 This section lists approved collections of information required under the HMR. In the table in paragraph (b)(2), in the third column for OMB control number 2137-0557, we are removing the reference citations to §§ 178.270-3 and 178.270-13. Section 178.270-3 was removed in an earlier rulemaking, and we are removing § 178.270-13, which addresses testing requirements for IM 101 and 102 specification portable tanks in this final rule. As prescribed in § 173.32(c)(2), the manufacture of these portable tanks is no longer authorized. Section 171.7 This section lists material incorporated by reference into the HMR. In paragraph (a)(3), in the second column of the table of material incorporated by reference, for the entry ASME Code, Sections II (Parts A and B), V, VIII (Division 1), and IX, we are removing the reference citations, §§ 178.270-2 through 178.272-1, which contain requirements applicable to the manufacture of IM 101 and 102 portable tanks, because the manufacture of these portable tanks is no longer authorized. Additionally, we are updating a reference citation for the use of the UN Recommendations. Section 171.8 This section lists definitions for terms used in the HMR. In the definition for “Administrator,” we are correcting the office name “Research and Special Programs Administration” to read “Pipeline and Hazardous Materials Safety Administration.” In the definition for “Shipping paper,” we are removing the references to “§§ 172.202, 172.203 and 172.204” to clarify that shipping papers must be prepared in accordance with the requirements in subpart C of part 172. Section 171.14 This section provides transitional provisions for recently adopted regulatory changes. In paragraph (d)(6), we are correcting the citation “172.202(a)(6)” to read “172.202(a)(7)” for consistency with revisions made to § 173.202(a) in a final rule published under docket number HM-215I (71 FR 78596; December 29, 2006). Section 171.15 This section contains telephonic notification requirements for certain hazardous materials transportation incidents. In paragraph (b)(3), we are correcting the telephone report requirements for infectious substances by removing the term “diagnostic specimen” since that term no longer appears in the HMR. Section 171.23 This section contains requirements for specific materials and packages transported under the international standards. In paragraph (b)(5), we are correcting requirements by removing an inaccurate exception for Class 7 (radioactive) materials included in a final rule published under docket number HM-215F (72 FR 25162; May 3, 2007). Part 172 Section 172.101—The Hazardous Materials Table
(HMT)We are removing the entries “ *Helium-oxygen mixture, see* Rare gases and oxygen mixtures,” “ *Nitrogen, mixtures with rare gases, see* Rare gases and nitrogen mixtures,” and “ *Oxygen, mixtures with rare gases, see* Rare gases and oxygen mixtures.” These entries are being removed for consistency with revisions made in the final rule published under docket number HM-215I. We are correcting entries in the HMT as follows: • For the entries “Ammonia, anhydrous,” Division 2.3, UN1005, “Ammonia solution, *relative density less than 0.880 at 15 degrees C in water, with more than 50 percent ammonia* ,” Division 2.3, UN3318, and “Ammonia solutions, *relative density less than 0.880 at 15 degrees C in water, with more than 35 percent but not more than 50 percent ammonia* ,” UN2073, we are correcting Column
(7)by adding “N87.” Special provision “N87” was inadvertently omitted. This correction appears as a “Remove/Add” in this rulemaking. • For the entry “Articles, explosive, n.o.s.,” UN0353, in Column (6), we are correcting the label code “1.4GD” to read “1.4G.” • For the entry “Articles, explosive, n.o.s.,” UN0467I, in Column (4), we are correcting the identification number to read “UN0467” and in Column (5), we are correcting the packing group to read “II.” This correction appears as a “Remove/Add” in this rulemaking. • For the entry “Caesium hydroxide solution,” UN2681, PG III, in Column (8B), we are correcting the section reference to read “203.” • For the entry “Contrivances, water-activated, *with burster, expelling charge or propelling charge,* ” UN0248, we are correcting Column
(1)by adding “G.” Symbol “G” was inadvertently omitted. • For the entry “Contrivances, water-activated, *with burster, expelling charge or propelling charge,* ” UN0249, we are correcting Column
(1)by adding “G.” Symbol “G” was inadvertently omitted. • For the entry “Hydrazine, aqueous solution, *with more than 37% hydrazine, by mass,* ” UN2030, PG III, in Column (8A), we are correcting the section reference to read “154.” • For the entry “Hydrogendifluorides, solid, n.o.s.,” UN1740, PG II and III, the proper shipping name is corrected to the singular form to read “Hydrogendifluoride, solid, n.o.s.” This correction appears as a “Remove/Add” in this rulemaking. • For the entry “Hydrogen peroxide, aqueous solutions *with more than 40 percent but not more than 60 percent hydrogen peroxide (stabilized as necessary,)* ” UN2014, we are correcting Column
(7)by adding “A60.” Special provision “A60” was inadvertently omitted. • For the entry “Hydrogen peroxide, aqueous solutions *with not less than 8 percent but less than 20 percent hydrogen peroxide (stabilized as necessary,)* ” UN2984, in Column (8C), we are correcting the section reference to read “241.” • For the entry “Nitrocellulose, *with not more than 12.6 percent nitrogen, by dry mass, or* Nitrocellulose mixture with pigment *or* Nitrocellulose mixture with plasticizer *or* Nitrocellulose mixture with pigment and plasticizer,” UN2557, we are revising the proper shipping name in column
(2)to read “Nitrocellulose, *with not more than 12.6 percent, by dry mass* mixture with *or* without plasticizer, with or without pigment.” This revision is being made for consistency with the description for UN2557 in the UN Recommendations, and appears as a “Remove/Add” in this rulemaking. • For the entry “4-Nitrophenylhydrazine, *with not less than 30% water, by mass,* ” UN3376, in Column
(7)we are correcting Special provision “164” to read “162.” Special provision “164” was inadvertently assigned in place of “162.” This correction appears as a “Remove/Add” in this rulemaking. • For the entry “Organoarsenic compound, liquid, n.o.s.,” UN3280, PG I, II, and III, the information in the columns associated with PG I is corrected by aligning the hazardous material information with the appropriate columns. This correction appears as a “Remove/Add” in this rulemaking. • For the entry “Paint or Paint related materials,” UN3066, PG II and III, the proper shipping name is corrected to the singular form to read “Paint or Paint related material.” This correction appears as a “Remove/Add” in this rulemaking. Section 172.202 Section 172.202 contains requirements for shipping descriptions on shipping papers. In paragraph (a)(6)(vi), we are correcting the wording “except for UN2800, UN3072, and UN3166” to read “except for UN2800, UN2807, UN3072, UN3166 and UN3171” for consistency with the preamble discussion to § 172.202(a) in the final rule published under docket number HM-215I. Section 172.302 This section establishes general marking requirements for bulk packaging. In paragraph (f), we are revising the last sentence to clarify the example illustrating a circumstance for which a bulk packaging need not be remarked to conform to revisions made in the shipping name of the material it contains. Section 172.303 This section addresses prohibited marking. In paragraph (a), we are adding the clarifying language “or any other markings indicating that the material is hazardous (e.g., RQ, INHALATION HAZARD)” for consistency with the language used elsewhere in the HMR. Section 172.505 This section sets forth requirements for placarding for subsidiary hazards. In paragraph (a), we are correcting the reference “§ 172.203(m)(2)” to read “§ 172.203(m).” Paragraphs (m)(1) and (m)(2) were combined into a single paragraph
(m)in a final rule published under docket number HM-189Y (70 FR 56804; September 23, 2005). Part 173 Section 173.6 This section establishes exceptions from certain HMR requirements for materials of trade. In paragraph (a)(4), we are correcting the word “movement” to read “shifting” for consistency with the language used in paragraphs (b)(1) and (b)(3). Section 173.22 This section sets forth general shipper responsibilities. In paragraph (c)(2), we are removing the acronym “PHMSA” following the wording “Associate Administrator,” because it is unnecessary. Section 171.8 defines the term “Associate Administrator” to mean the Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration. Section 173.31 This section establishes requirements for the use of railroad tank cars. Paragraph
(g)of this section addresses tank car loading and unloading requirements. In paragraph (g)(1), we are revising the wording “unloader” to read “each hazmat employee who is responsible for loading or unloading” to clarify that the requirements of this section apply to both loading and unloading operations. In addition, we are correcting the wording “blocked” to read “locked.” In paragraph (g)(2), we are revising the language regarding the design and display of caution signs for consistency with the language used in § 174.67(a)(4). Section 173.132 This section contains classification criteria for Division 6.1 materials. In the HM-215I final rule, we revised the toxicity criteria for Division 6.1 materials in § 173.133 to be consistent with the toxicity criteria adopted in the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations). However, the Division 6.1 definition in § 173.132(a) was overlooked. Therefore, in paragraph (a), we are revising the definition of oral toxicity and inhalation toxicity to be consistent with our earlier amendments to § 173.133. Also, in paragraph (a)(1)(iii)(B), we are correcting the measurement unit “mL/mm 3 ” to read “mL/m 3 .” Section 173.134 This section contains classification criteria and establishes exceptions from certain HMR requirements for Division 6.2 materials. In paragraph (a)(8), we are correcting the wording “diagnostic specimen” to read “patient specimen” for consistency with changes made in a final rule published under docket number HM-226A (71 FR 32244; July 6, 2006). Sections 173.150, 173.151, 173.152, and 173.154 These sections establish exceptions from certain HMR requirements for Class 3, Class 4, Division 5.1, Division 5.2, and Class 8 materials. We are revising the limited quantity provisions in each of these sections to clarify that the labeling exception is not granted to materials with a Division 6.1 subsidiary hazard. The amendments disallowing the labeling exception for limited quantities of Division 6.1 materials were included in a final rule under docket number HM-215G (69 FR 76044; December 20, 2004), but were inadvertently omitted when these provisions were revised under HM-228 (71 FR 14586; March 22, 2006). Additionally, in § 173.150(d)(2) pertaining to the carriage of alcoholic beverages as checked or carry-on baggage, we are correcting the reference “175.10(a)(17)” to read “§ 175.10(a)(4).” Section 173.199 This section establishes packaging requirements for Category B infectious substances. In paragraph
(a)introductory text, we are correcting an obsolete section reference. Section 173.225 This section sets forth packaging requirements for organic peroxides. In paragraph (c), we are removing “≥” from Note 17 of the Organic Peroxide Table and adding “≤” to correct a typographical error. Section 173.244 This section sets forth bulk packaging requirements for certain Division 4.2, 4.3, and 6.1 materials. We are adding a sentence to the end of paragraph
(c)to clarify DOT 51 and UN portable tanks used to transport Division 6.1 liquids, Hazard Zone A or B, must be certified and stamped to the ASME Code as prescribed in § 178.273(b)(6). Section 173.411 This section establishes requirements for industrial packaging used to transport Class 7 materials. In paragraph (b)(5), we are removing the section citations to §§ 178.270, 178.271, and 178.272 because the manufacture of portable tanks to the IM 101 and 102 specifications is no longer authorized. Part 174 Section 174.67 Section 174.67 prescribes procedures for conducting transloading operations involving railroad tank cars. In paragraphs (a)(2), (a)(3), and (a)(4), we are revising the wording “the unloader” to read “each hazmat employee who is responsible for unloading” for clarity. Also, in a final rule published under docket number HM-223 (68 FR 61941; October 30, 2003), we redesignated paragraph (a)(4) containing precautions when venting a tank car as paragraph (a)(6) but failed to include the newly redesignated paragraph in the regulatory text. Paragraph (a)(6) is added in this final rule. Part 175 Section 175.8 This section contains exceptions from certain HMR requirements for operator equipment and replacement items transported by aircraft. In paragraph (a)(3)(ii), we are correcting the reference “§ 175.75(a)” to read “§ 175.75(c)”. Section 175.75 This section establishes cargo limitation and stowage requirements for hazardous materials transported by aircraft. At the end of paragraph (e)(3), we are removing the word “and” and adding a period. The requirements in paragraphs (e)(3) and (e)(4) are stand-alone requirements. Paragraph (e)(3), which outlines conditions for hazardous materials transported on board a cargo aircraft, includes a requirement for written approval by FAA. Paragraph (e)(4), which outlines conditions for hazardous materials transported on board a small, single pilot, cargo aircraft, does not include a requirement for FAA approval. Also, in paragraph (e)(5), we are revising the “Quantity and Loading Tables” to correct the formatting errors. Part 176 Section 176.83 We are reprinting the “Segregation of Cargo Transport Units on Board Hatchless Container Ships” table in § 176.83(l) to correct formatting errors. Part 178 Sections 178.270-12, 178.270-13, and 178.270-14 These sections establish requirements for IM 101 and 102 portable tanks. Most sections applicable to these portable tanks were removed from the HMR in a final rule under docket number HM-189Z (71 FR 54388; September 14, 2006) because the manufacture of IM portable tanks is no longer authorized. These sections were inadvertently not omitted from that final rule. Section 178.273 This section sets forth requirements for approval of specification IM portable tanks and UN portable tanks. We are revising the section title and paragraph (e)(1) to remove references to the IM portable tanks because manufacture of those tanks is no longer authorized. Also, in paragraph (b)(7)(ii), we are removing the wording “§ 178.270-14 of this subchapter for IM portable tanks, § 178.245-6 for Specification 51 steel portable tanks, or”. Section 178.274 This section contains specifications for UN portable tanks. We are revising paragraph (b)(1) to clarify that portable tanks used for Zone A or B toxic by inhalation liquids are required to have an ASME certification and U stamp as prescribed in § 178.273(b)(6). Section 178.348-4 This section specifies pressure relief requirements for DOT 412 cargo tanks. In paragraph (d)(3), we are removing a reference to a formula in obsolete § 178.270-11(d)(3) and inserting the formula, expressed in nonmetric units, that had been contained in the referenced section. Section 178.270-11 was removed in a final rule under docket number HM-189Z. Section 178.606 This section establishes requirements for performing the stacking test to ensure that non-bulk packagings conform to the performance standard established in the HMR. In paragraph (c)(2)(ii), in the stacking test requirements for a packaging intended for solids, we are correcting the formula to include a constant of 2.2 (lbs/kg) to convert the units on the right side of the formula to pounds for consistency with the units of variable “A” in the formula. In addition, we are including explanations of the multipliers “2.2” and “.98” in the formula for liquids. Part 179 Section 179.300-19 This section addresses inspection requirements for newly constructed rail tank cars. In paragraph (a), we are revising the wording “acceptable to the Bureau of Explosives” to read “as approved by the Associate Administrator for Safety, FRA.” These approvals are no longer handled by the Bureau of Explosives. Part 180 Section 180.209 This section establishes requalification requirements for cylinders. In the table in paragraph (i)(1), we are correcting “3 to 20 years” to read “5 to 20 years” for the initial porous filler requalification of acetylene cylinders manufactured on or after January 1, 1991. The change from 3 years to 5 years, adopted in a final rule published under docket number HM 218B, is correctly stated in footnote 2 following the table. Section 180.212 This section specifies requirements for repair of seamless DOT specification and UN cylinders. In paragraph (b)(2), we are revising the wording to clarify that rethreading of cylinders may be performed by a manufacturer of the type of cylinder being rethreaded instead of limiting the work to the original manufacturer, who may no longer be in business. This revised wording is consistent with the wording used in paragraph (b)(1). Section 180.215 This section establishes reporting and record-retention requirements related to the qualification, maintenance, and use of cylinders. We are correcting paragraph
(b)by adding the words “, if present” after “manufacturer's name or symbol” to alleviate confusion by cylinder requalifiers. III. Regulatory Analyses and Notices A. Executive Order 12866 and DOT Regulatory Policies and Procedures This final rule is not considered a significant regulatory action under section 3(f) of Executive Order 12866 and, therefore, was not reviewed by the Office of Management and Budget. This rule is not significant under the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034). This final rule does not impose new or revised requirements for hazardous materials shippers or carriers; therefore, it is not necessary to prepare a regulatory impact analysis. B. Executive Order 13132 This final rule has been analyzed in accordance with the principles and criteria in Executive Order 13132 (“Federalism”). This final rule does not adopt any regulation that:
(1)Has substantial direct effects on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government; or
(2)imposes substantial direct compliance costs on State and local governments. PHMSA is not aware of any State, local or Indian tribe requirements that would be preempted by correcting editorial errors and making minor regulatory changes. This final rule does not have sufficient federalism impacts to warrant the preparation of a federalism assessment. C. Executive Order 13175 This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 (“Consultation and Coordination with Indian Tribal Governments”). Because this final rule does not have tribal implications, does not impose substantial direct compliance costs on Indian tribal governments, and does not preempt tribal law, the funding and consultation requirements of Executive Order 13175 do not apply, and a tribal summary impact statement is not required. D. Regulatory Flexibility Act, Executive Order 13272, and DOT Procedures and Policies I certify that this final rule will not have a significant economic impact on a substantial number of small entities. This rule makes minor editorial changes which will not impose any new requirements on persons subject to the HMR; thus, there are no direct or indirect adverse economic impacts for small units of government, businesses or other organizations. E. Unfunded Mandates Reform Act of 1995 This rule does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. It does not result in costs of $120.7 million or more to either State, local, or tribal governments, in the aggregate, or to the private sector, and is the least burdensome alternative that achieves the objective of the rule. F. Paperwork Reduction Act There are no new information collection requirements in this final rule. G. Environmental Impact Analysis There are no environmental impacts associated with this final rule. H. Regulation Identifier Number
(RIN)A regulation identifier number
(RIN)is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN number contained in the heading of this document can be used to cross-reference this action with the Unified Agenda. List of Subjects 49 CFR Part 105 Administrative practice and procedure, Hazardous materials transportation. 49 CFR Part 106 Administrative practice and procedure, Hazardous materials transportation. 49 CFR Part 107 Administrative practice and procedure, Hazardous materials transportation, Packaging and containers, Penalties, Reporting and recordkeeping requirements. 49 CFR Part 110 Disaster assistance, Education, Grants program-environmental protection, Grants program-Indians, Hazardous materials transportation, Hazardous substances, Indians, Reporting and recordkeeping requirements. 49 CFR Part 130 Oil pollution, Packaging and containers, Reporting and recordkeeping requirements, Transportation. 49 CFR Part 171 Exports, Hazardous materials transportation, Hazardous waste, Incorporated by reference, Imports, Reporting and recordkeeping requirements. 49 CFR Part 172 Education, Hazardous materials transportation, Hazardous waste, Labeling, Packaging and containers, Reporting and recordkeeping requirements. 49 CFR Part 173 Hazardous materials transportation, Packaging and containers, Radioactive materials, Reporting and recordkeeping requirements, Uranium. 49 CFR Part 174 Hazardous materials transportation, Radioactive materials, Rail carriers, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 175 Air carriers, Hazardous materials transportation, Radioactive materials, Reporting and recordkeeping requirements. 49 CFR Part 176 Hazardous materials transportation, Maritime carriers, Radioactive materials, Reporting and recordkeeping requirements. 49 CFR Part 178 Hazardous materials transportation, Motor vehicle safety, Packaging and containers, Reporting and recordkeeping requirements. 49 CFR Part 179 Hazardous materials transportation, Packaging and containers, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 180 Hazardous materials transportation, Motor carriers, Motor vehicle safety, Packaging and containers, Railroad safety, Reporting and recordkeeping requirements. In consideration of the foregoing, 49 CFR Chapter I is amended as follows: PART 105—HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES 1. The authority citation for part 105 continues to read as follows: Authority: 49 U.S.C. 5101-5128, 49 CFR 1.53. §§ 105.20, 105.25, and 105.40 [Amended] 2. In part 105, remove the wording “400 7th Street, SW.” and add in its place “East Building, 1200 New Jersey Avenue, SE.” in the following places: a. Section 105.20(a)(4); b. Section 105.20(b)(3); c. Section 105.25(b)(4); and d. Section 105.40(d). 3. In § 105.25, paragraph
(a)introductory text and paragraph (b)(2)(iv) are revised to read as follows: § 105.25 Reviewing public documents.
(a)*DOT Docket Management System.* Unless a particular document says otherwise, the following documents are available for public review and copying at the Department of Transportation's Docket Management System, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001, or for review and downloading through the Internet at *http://www.regulations.gov* .
(b)* * *
(2)* * *
(iv)Applications for special permits numbered below DOT-E or DOT-SP 11832 and related background information are available for public review and copying at the Office of Hazardous Materials Safety, Office of Hazardous Materials Special Permits and Approvals, U.S. Department of Transportation, PHH-30, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. 4. In § 105.35, paragraph (b)(3)(ii) is revised to read as follows: § 105.35 Serving documents in PHMSA proceedings.
(b)* * *
(3)* * *
(ii)Serve documents electronically through the Internet at *http://www.regulations.gov* . PART 106—RULEMAKING PROCEDURES 5. The authority citation for part 106 continues to read as follows: Authority: 49 U.S.C. 5101-5128, 49 CFR 1.53. §§ 106.75, 106.85, and 106.125 [Amended] 6. In part 106, remove the wording “Room PL 401, 400 7th Street, SW.” and add in its place “West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.” in the following places: a. Section 106.75(d); b. Section 106.85(a); and c. Section 106.125. 7. In § 106.45, paragraph (a)(2)(i) and (a)(2)(ii) are revised to read as follows: § 106.45 Tracking rulemaking actions.
(a)* * *
(2)* * *
(i)Visit the public docket room and review and copy any docketed materials during regular business hours. The DOT Docket Management System is located at the U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
(ii)View and download docketed materials through the Internet at *http://www.regulations.gov* . 8. In § 106.70, paragraph (a)(1) and (a)(2) are revised to read as follows: § 106.70 Where and when to file comments.
(a)* * *
(1)By mail to: Docket Management System, U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
(2)Through the Internet at *http://www.regulations.gov* . § 106.95 [Amended] 9. In § 106.95, in paragraphs
(a)and (b), remove the wording “400 7th Street, SW.” and add in its place “East Building, 1200 New Jersey Avenue, SE.” in each place it appears. PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES 10. The authority citation for part 107 continues to read as follows: Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L. 104-134 section 31001; 49 CFR 1.45, 1.53. §§ 107.105, 107.107, 107.109, and 107.705 [Amended] 11. In part 107, remove the wording “400 7th Street, SW.” and add in its place “East Building, 1200 New Jersey Avenue, SE.” in the following places: a. Section 107.105(a)(1); b. Section 107.107(b)(1); c. Section 107.109(a)(1); and d. Section 107.705(a)(1). §§ 107.325 and 107.402 [Amended] 12. In part 107, remove the wording “400 Seventh Street, SW.” and add in its place “East Building, 1200 New Jersey Avenue, SE.” in the following places: a. Section 107.325(a) and (b); and b. Section 107.402(a). §§ 107.203 and 107.215 [Amended] 13. In part 107, remove the wording “400 7th Street, SW., Suite 8417” and add in its place “East Building, PHC-1, 1200 New Jersey Avenue, SE.” in the following places: a. Section 107.203(b)(1)(i); and b. Section 107.215(b)(1)(i). § 107.127 [Amended] 14. In § 107.127, in paragraph (a), remove the wording “400 7th Street, SW., Washington, DC 20590-0001, Room 8102” and add in its place “East Building, PHH-30, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001” and remove the wording “ *http://dms.dot.gov* .” and add in its place “ *http://www.regulations.gov* .”. § 107.502 [Amended] 15. In § 107.502, in paragraph (d), remove the wording “Room 8310, 400 7th Street, SW” and add in its place “West Building, MC-ECH, 1200 New Jersey Avenue, SE.”. 16. In § 107.608, paragraph
(a)is revised to read as follows: § 107.608 General registration requirements.
(a)Each person subject to this subpart must submit a complete and accurate registration statement on DOT Form F 5800.2 not later than June 30 for each registration year, or in time to comply with paragraph
(b)of this section, whichever is later. Each registration year begins on July 1 and ends on June 30 of the following year. PART 110—HAZARDOUS MATERIALS PUBLIC SECTOR TRAINING AND PLANNING GRANTS 17. The authority citation for part 110 continues to read as follows: Authority: 49 U.S.C. 5101-5128; 1.53. §§ 110.30 and 110.120 [Amended] 18. In part 110, remove the wording “400 7th Street, SW.” and add in its place “East Building, 1200 New Jersey Avenue, SE.” in the following places: a. Section 110.30(a) introductory text; and b. Section 110.120. § 110.5 [Amended] 19. In § 110.5, in paragraph (c), remove the wording “400 Seventh Street, SW.” and add in its place “East Building, 1200 New Jersey Avenue, SE.”. PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS 20. The authority citation for part 110 continues to read as follows: Authority: 33 U.S.C. 1321. § 130.31 [Amended] 21. In § 130.31, in paragraph (b)(6), remove the wording “400 Seventh Street, SW” and add in its place “East Building, 1200 New Jersey Avenue, SE.”. PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 22. The authority citation for part 171 continues to read as follows: Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53; Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134 section 31001. 23. In § 171.6, in the table in paragraph (b)(2), the entry for OMB Control No. “2137-0557” is revised to read as follows: § 171.6 Control numbers under the Paperwork Reduction Act.
(b)* * *
(2)Table. Current OMB Control No. Title Title 49 CFR part or section where identified and described * * * * * * * 2137-0557 Approvals for Hazardous Materials §§ 107.402, 107.403, 107.405, 107.502, 107.503, 107.705, 107.713, 107.715, 107.717, 107.803, 107.805, 107.807, 110.30, 172.101, 172.102, Special Provisions 19, 26, 53, 55, 60, 105, 118, 121, 125, 129, 131, 133, 136, B45, B55, B61, B69, B77, B81, N10, N72, 173.2a, 173.4, 173.7, 173.21, 173.22, 173.24, 173.31, 173.38, 173.51, 173.56, 173.58, 173.59, 173.124, 173.128, 173.159, 173.166, 173.171, 173.214, 173.222, 173.224, 173.225, 173.245, 173.301, 173.305, 173.306, 173.314, 173.315, 173.316, 173.318, 173.334, 173.340, 173.411, 173.433, 173.457, 173.471, 173.472, 173.476, 174.50, 174.63, 175.8, 175.85, 175.701, 175.703, 176.168, 176.340, 176.704, 178.3, 178.35, 178.47, 178.53, 178.273, 178.274, 178.503, 178.509, 178.605, 178.606, 178.608, 178.801, 178.813, 180.213. * * * * * * * 24. In § 171.7, make the following changes: a. Revise paragraph (a)(2)(i); b. In the table in paragraph (a)(3), under “American Petroleum Institute”, revise the entry “API Recommended Practice Closures of Underground Petroleum Storage Tanks, 3rd Edition, March 1996”; c. In the table in paragraph (a)(3), under “American Society of Mechanical Engineers”, revise the entry “ASME Code, Sections II (Parts A and B), V, VIII (Division 1), and IX of 1998 Edition of American Society of Mechanical Engineers Boiler and Pressure Vessel Code”; d. In the table in paragraph (a)(3) under “International Organization for Standardization”, remove the entry “ISO 82-74(E) Steels Tensile Testing”; and e. In the table in paragraph (a)(3), under “United Nations”, for the entry “UN Recommendations on the Transport of Dangerous Goods, Fourteenth Revised Edition (2005), Volumes I and II”, in the second column, remove reference citation “171.28” and add in its place “171.12”. The revisions read as follows: § 171.7 Reference material.
(a)* * *
(2)* * *
(i)The Office of Hazardous Materials Safety, Office of Hazardous Materials Standards, East Building, PHH-10, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001; and
(3)*Table of material incorporated by reference* . * * * Source and name of material 49 CFR reference * * * * * * * API Recommended Practice Closures of Underground Petroleum Storage Tanks, 3rd Edition, March 1996 172.102. * * * * * * * ASME Code, Sections II (Parts A and B), V, VIII (Division 1), and IX of 1998 Edition of American Society of Mechanical Engineers Boiler and Pressure Vessel Code 172.102; 173.24b; 173.32; 173.306; 173.315; 173.318; 173.420; 178.245-1; 178.245-3; 178.245-4; 178.245-6; 178.245-7; 178.255-1; 178.255-2; 178.255-14; 178.255-15; 178.273; 178.274; 178.276; 178.277; 178.320; 178.337-1; 178.337-2; 178.337-3; 178.337-4; 178.337-6; 178.337-16; 178.337-18; 178.338-1; 178.338-2; 178.338-3; 178.338-3; 178.338-4; 178.338-5; 178.338-6; 178.338-13; 178.338-16; 178.338-18; 178.338-19; 178.345-1; 178.345-2; 178.345-3; 178.345-4; 178.345-7; 178.345-14; 178.345-15; 178.346-1; 178.347-1; 178.348-1; 179.400-3; 180.407. * * * * * * * UN Recommendations on the Transport of Dangerous Goods, Fourteenth Revised Edition (2005), Volumes I and II 171.8; 171.12; 172.202; 172.401; 172.502; 173.22; 173.24; 173.24b; 173.40; 173.56; 173.192; 173.197; 173.302b; 173.304b; 178.75; 178.274; 178.801. * * * * * * * 25. In § 171.8, the definitions for *Administrator* and *Shipping paper* are revised to read as follows: § 171.8 Definitions and abbreviations. *Administrator* means the Administrator, Pipeline and Hazardous Materials Safety Administration. *Shipping paper* means a shipping order, bill of lading, manifest or other shipping document serving a similar purpose and prepared in accordance with subpart C of part 172 of this chapter. § 171.14 [Amended] 26. In § 171.14, in paragraph (d)(6), the reference citation “172.202(a)(6)” is revised to read “172.202(a)(7)”. 27. In § 171.15, paragraph (b)(3) is revised to read as follows: § 171.15 Immediate notice of certain hazardous materials incidents.
(b)* * *
(3)Fire, breakage, spillage, or suspected contamination occurs involving an infectious substance other than a regulated medical waste; 28. In § 171.22, the section heading is revised to read as follows: § 171.22 Authorization and conditions for the use of international standards and regulations. 28a. In § 171.23, paragraph (b)(5) introductory text is revised to read as follows: § 171.23 Requirements for specific materials and packagings transported under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations.
(b)* * *
(5)*Hazardous substances.* A material meeting the definition of a hazardous substance as defined in § 171.8, must conform to the shipping paper requirements in § 172.203(c) of this subchapter and the marking requirements in § 172.324 of this subchapter: PART 172—HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND TRAINING REQUIREMENTS 29. The authority citation for part 172 continues to read as follows: Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.53. 30. In § 172.101, the Hazardous Materials Table is amended by removing, adding and revising entries, in the appropriate alphabetical sequence, to read as follows: § 172.101.—Hazardous Materials Table Symbols Hazardous mate- rials descriptions and proper ship- ping names Hazard class or division Identifi- cation numbers PG Label codes Special provisions (§ 172.102)
(8)Packaging (§ 173.***) Exceptions Non-bulk Bulk
(9)Quantity limitations Passenger aircraft/rail Cargo air- craft only
(10)Vessel stowage Location Other
(10B)[REMOVE] * * * * * * * I Ammonia, anhydrous 2.3 UN1005 2.3, 8 4, T50 None 304 314, 315 Forbidden Forbidden D 40, 52, 57 D Ammonia, anhydrous 2.2 UN1005 2.2 13, T50 None 304 314, 315 Forbidden Forbidden D 40, 52, 57 D Ammonia solution, *relative density less than 0.880 at 15 degrees C in water, with more than 50 percent ammonia* 2.2 UN3318 2.2 13, T50 None 304 314, 315 Forbidden Forbidden D 40, 52, 57 I Ammonia solution, *relative density less than 0.880 at 15 degrees C in water, with more than 50 percent ammonia* 2.3 UN3318 2.3, 8 4, T50 None 304 314, 315 Forbidden Forbidden D 40, 52, 57 Ammonia solutions, *relative density between 0.880 and 0.957 at 15 degrees C in water, with more than 10 percent but not more than 35 percent ammonia* 8 UN2672 III 8 IB3, IP8, T7, TP1 154 203 241 5 L 60 L A 40, 52, 85 Ammonia solutions, *relative density less than 0.880 at 15 degrees C in water, with more than 35 percent but not more than 50 percent ammonia* 2.2 UN2073 2.2 306 304 314, 315 Forbidden 150 kg E 40, 52, 57 I Ammonia, anhydrous 2.3 UN1005 2.3, 8 4, N87, T50 None 304 314, 315 Forbidden Forbidden D 40, 57 D Ammonia, anhydrous 2.2 UN1005 2.2 13, T50 None 304 314, 315 Forbidden Forbidden D 40, 57 I Ammonia solution, *relative density less than 0.880 at 15 degrees C in water, with more than 50 percent ammonia* 2.3 UN3318 2.3, 8 4, N87, T50 None 304 314, 315 Forbidden Forbidden D 40, 57 * * * * * * * I Ammonia solutions, *relative density less than 0.880 at 15 degrees C in water, with more than 35 percent but not more than 50 percent ammonia* 2.3 UN3318 2.3, 8 4, T50 None 304 314, 315 Forbidden Forbidden D 40, 57 Ammonia solutions, *relative density between 0.880 and 0.957 at 15 degrees C in water, with more than 10 percent but not more than 35 percent ammonia* 8 UN2672 III 8 IB3, IP8, T7, TP1 154 203 241 5 L 60 L A 40, 85 Ammonia solutions, *relative density less than 0.880 at 15 degrees C in water, with more than 35 percent but not more than 50 percent ammonia* 2.2 UN2073 2.2 N87 306 304 314, 315 Forbidden 150 kg E 40, 57 * * * * * * * G Articles, explosive, n.o.s 1.2D UN0467I I 1.2D None 62 None Forbidden Forbidden 07 * * * * * * * Crotonaldehyde or Crotonaldehyde, stabilized 6.1 UN1143 I 6.1, 3 2, 175, B9, B14, B32, B74, B77, T20, TP2, TP13, TP38, TP45 None 227 244 Forbidden Forbidden B 40 * * * * * * * *Helium-oxygen mixture, see* Rare gases and oxygen mixtures * * * * * * * Hydrogendifluorides, solid, n.o.s 8 UN1740 II 8 IB8, IP2, IP4, N3, N34, T3, TP33 None 212 240 15 kg 50 kg A 25, 40, 52 III 8 IB8, IP3, N3, N34, T1, TP33 154 213 240 25 kg 100 kg A 25, 40, 52 * * * * * * * Nitrocellulose, *with not more than 12.6 percent nitrogen, by dry mass, or Nitrocellulose mixture with pigment or Nitrocellulose mixture with plasticizer or Nitrocellulose mixture with pigment and plasticizer* 4.1 UN2557 II 4.1 44 151 212 None 1 kg 15 kg D 28 * * * * * * * *Nitrogen, mixtures with rare gases, see* Rare gases and nitrogen mixtures * * * * * * * 4-Nitrophenylhydrazine, *with not less than 30% water, by mass* 4.1 UN3376 I 4.1 164, A8, A19, A20, N41 None 211 None Forbidden 15 kg E 36 * * * * * * * G Organoarsenic compound, liquid, n.o.s 6.1 UN3280 I 5, T14, TP2, TP13, TP27 None 201 242 1 L 30 L B 6.1 II 6.1 IB2, T11, TP2, TP27 153 202 242 5 L 60 L B. III 6.1 IB3, T7, TP1, TP28 153 203 241 60 L 220 L A * * * * * * * *Oxygen, mixtures with rare gases, see* Rare gases and oxygen mixtures Paint *or* Paint related materials 8 UN3066 II 8 B2, IB2, T7, TP2, TP28 154 173 242 1 L 30 L A * * * * * * * III 8 B52, IB3, T4, TP1, TP29 154 173 241 5 L 60 L A. * * * * * * * Paint related material, flammable, corrosive ( *including paint thinning or reducing compound* 3 UN3469 I 3, 8 T11, TP2, TP27 None 201 243 0.5 L 2.5 L E 40 * * * * * * * II 3, 8 IB2, T7, TP2, TP8, TP28 150 202 243 1 L 5 L B 40 III 3, 8 IB3, T4, TP1, TP29 150 203 242 5 L 60 L A 40 * * * * * * * [ADD]. * * * * * * * I Ammonia, anhydrous 2.3 UN1005 2.3, 8 4, N87, T50 None 304 314, 315 Forbidden Forbidden D 40, 52, 57 D Ammonia, anhydrous 2.2 UN1005 2.2 13, T50 None 304 314, 315 Forbidden Forbidden D 40, 52, 57 I Ammonia solution, *relative density less than 0.880 at 15 degrees C in water, with more than 50 percent ammonia* 2.3 UN3318 2.3, 8 4, N87, T50 None 304 314, 315 Forbidden Forbidden D 40, 52, 57 D Ammonia solution, *relative density less than 0.880 at 15 degrees C in water, with more than 50 percent ammonia* 2.2 UN3318 2.2 13, T50 None 304 314, 315 Forbidden Forbidden D 40, 52, 57 Ammonia solutions, *relative density less than 0.880 at 15 degrees C in water, with more than 35 percent but not more than 50 percent ammonia* 2.2 UN2073 2.2 N87 306 304 314, 315 Forbidden 150 kg E 40, 52, 57 Ammonia solution, *relative density between 0.880 and 0.957 at 15 degrees C in water, with more than 10 percent but not more than 35 percent ammonia* 8 UN2672 III 8 IB3, IP8, T7, TP1 154 203 241 5 L 60 L A 40, 52, 85 * * * * * * * G Articles, explosive, n.o.s 1.2D UN0467 II 1.2D None 62 None Forbidden Forbidden 07. * * * * * * * Crotonaldehyde or Crotonaldehyde, stabilized 6.1 UN1143 I 6.1, 3 2, 175, B9, B14, B32, B74, B77, T20, TP2, TP13, TP38, TP45 None 227 244 Forbidden Forbidden B 40 * * * * * * * Hydrogendifluoride, solid, n.o.s 8 UN1740 II 8 IB8, IP2, IP4, N3, N34, T3, TP33 None 212 240 15 kg 50 kg A 25, 40, 52 III 8 IB8, IP3, N3, N34, T1, TP33 154 213 240 25 kg 100 kg A 25, 40, 52 * * * * * * * Nitrocellulose, *with not more than 12.6 percent, by dry mass* mixture with *or* without plasticizer, with *or* without pigment 4.1 UN2557 II 4.1 44 151 212 None 1 kg 15 kg D 28 * * * * * * * 4-Nitrophenylhydrazine, *with not less than 30 percent water, by mass* 4.1 UN3376 I 4.1 162, A8, A19, A20, N41 None 211 None Forbidden 15 kg E 36 * * * * * * * G Organoarsenic compound, liquid, n.o.s. 6.1 UN3280 I 6.1 5, T14, TP2, TP13, TP27 None 201 242 1 L 30 L B II 6.1 IB2, T11, TP2, TP27 153 202 242 5 L 60 L B III 6.1 IB3, T7, TP1, TP28 153 203 241 60 L 220 L A * * * * * * * Paint *or* Paint related material 8 UN3066 II 8 B2, IB2, T7, TP2, TP28 154 173 242 1 L 30 L A III 8 B52, IB3, T4, TP1, TP29 154 173 241 5 L 60 L A * * * * * * * Paint related material, flammable, corrosive ( *including paint thinning or reducing compound* ) 3 UN3469 I 3, 8 T11, TP2, TP27 None 201 243 0.5L 2.5 L E 40 II 3, 8 IB2, T7, TP2, TP8, TP28 150 202 243 1 L 5 L B 40 III 3, 8 IB3, T4, TP1, TP29 150 203 242 5 L 60 L A 40 * * * * * * * [REVISE] * * * * * * * Alcohols, n.o.s. 3 UN1987 I 3 172, T11, TP1, TP8, TP27 None 201 243 1 L 30 L E II 3 172, IB2, T7, TP1, TP8, TP28 150 202 242 5 L 60 L B III 3 172, B1, IB3, T4, TP1, TP29 150 203 242 60 L 220 L A. * * * * * * * G Articles, explosive, n.o.s 1.4G UN0353 II 1.4G None 62 None Forbidden 75 kg 06 * * * * * * * Caesium hydroxide solution 8 UN2681 II 8 B2, IB2, T7, TP2 154 202 242 1 L 30 L A 29, 52 III 8 IB3, T4, TP1 154 203 241 5 L 60 L A 29, 52 * * * * * * * G Contrivances, water-activated, *with burster, expelling charge or propelling charge* 1.2L UN0248 II 1.2L None 62 None Forbidden Forbidden 08 8E, 14E, 15E, 17E G Contrivances, water-activated, *with burster, expelling charge or propelling charge* 1.3L UN0249 II 1.3L None 62 None Forbidden Forbidden 08 8E, 14E, 15E, 17E * * * * * * * Hydrazine, aqueous solution, *with more than 37% hydrazine, by mass* 8 UN2030 I 8, 6.1 B16, B53, T10, TP2, TP13 None 201 243 Forbidden 2.5 L D 40, 52 II 8, 6.1 B16, B53, IB2, T7, TP2, TP13 None 202 243 Forbidden 30 L D 40, 52 III 8, 6.1 B16, B53, IB3, T4, TP2 154 203 241 5 L 60 L D 40, 52 * * * * * * * Hydrogen, peroxide, aqueous solutions *with more than 40 percent but not more than 60 percent hydrogen peroxide (stabilized as necessary)* 5.1 UN2014 II 5.1, 8 12, A60, B53, B80, B81, B85, IB2, IP5, T7, TP2, TP6, TP24, TP37 None 202 243 Forbidden Forbidden D 25, 66, 75 * * * * * * * Hydrogen, peroxide, aqueous solutions *with not less than 8 percent but less than 20 percent hydrogen peroxide (stabilized as necessary)* 5.1 UN2984 III 5.1 A1, IB2, IP5, T4, TP1, TP6, TP24, TP37 152 203 241 2.5 L 30 L B 25, 66, 75 * * * * * * * § 172.202 [Amended] 31. In § 172.202, in paragraph (a)(6)(vi), the wording “except for UN2800, UN3072, and UN3166” is removed and “except for UN2800, UN2807, UN3072, UN3166 and UN3171” is added in its place. 32. In § 172.302, the last sentence in paragraph
(f)is revised to read as follows: § 172.302 General marking requirements for bulk packagings.
(f)* * * For example, a tank car marked “NITRIC OXIDE” need not be remarked “NITRIC OXIDE, COMPRESSED”. 33. In § 172.303, paragraph
(a)is revised to read as follows: § 172.303 Prohibited marking.
(a)No person may offer for transportation or transport a package which is marked with the proper shipping name, the identification number of a hazardous material or any other markings indicating that the material is hazardous (e.g., RQ, INHALATION HAZARD) unless the package contains the identified hazardous material or its residue. § 172.505 [Amended] 34. In § 172.505, in paragraph (a), revise the reference citation “§ 172.203(m)(2)” to read “§ 172.203(m)”. PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS 35. The authority citation for part 173 continues to read as follows: Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53. § 173.6 [Amended] 36. In § 173.6, in the last sentence in paragraph (a)(4) introductory text, revise the word “movement” to read “shifting”. 37. In § 173.22, paragraph (c)(2) is revised to read as follows: § 173.22 Shipper's Responsibility.
(c)* * *
(2)Equivalent requirements approved by the Associate Administrator. § 173.22a [Amended] 38. In § 173.22a, in paragraph (b), remove the wording “400 Seventh Street, SW.” and add in its place “East Building, 1200 New Jersey Avenue, SE.”. 39. In § 173.31, paragraphs (g)(1) and (g)(2) are revised to read as follows: § 173.31 Use of tank cars.
(g)* * *
(1)Each hazmat employee who is responsible for loading or unloading a tank car must secure access to the track to prevent entry by other rail equipment, including motorized service vehicles. Derails, lined and locked switches, portable bumper blocks, or other equipment that provides an equivalent level of security may be used to satisfy this requirement.
(2)Caution signs must be displayed on the track or on the tank cars to warn persons approaching the cars from the open end of the track and must be left up until after all closures are secured and the cars are in proper condition for transportation. The caution signs must be of metal or other durable material, rectangular, at 30.48 cm (12 inches) high by 38.10 cm (15 inches) wide, and bear the word “STOP.” The word “STOP” must appear in letters at least 10.16 cm (4 inches) high. The letters must be white on a blue background. Additional words, such as “Tank Car Connected” or “Crew at Work,” may also appear in white letters under the word “STOP.” 40. In § 173.132, paragraphs (a)(1)(i) and (a)(1)(iii) are revised to read as follows: § 173.132 Class 6, Division 6.1—Definitions.
(a)* * *
(1)* * *
(i)*Oral Toxicity.* A liquid or solid with an LD 50 for acute oral toxicity of not more than 300 mg/kg.
(ii)* * *
(iii)*Inhalation Toxicity.*
(A)A dust or mist with an LC 50 for acute toxicity on inhalation of not more than 4 mg/L; or
(B)A material with a saturated vapor concentration in air at 20 °C (68 °F) greater than or equal to one-fifth of the LC 50 for acute toxicity on inhalation of vapors and with an LC 50 for acute toxicity on inhalation of vapors of not more than 5000 mL/m 3 ; or § 173.134 [Amended] 41. In § 173.134, in paragraph (a)(8), the wording “diagnostic specimen” is revised to read “patient specimen”. 42. In § 173.150, the first sentence of paragraph
(b)introductory text and paragraph (d)(2) are revised to read as follows: § 173.150 Exceptions for Class 3 (flammable and combustible liquids).
(b)*Limited quantities.* Limited quantities of flammable liquids (Class 3) and combustible liquids are excepted from labeling requirements, unless the material also meets the definition of Division 6.1 or is offered for transportation or transported by aircraft, and the specification packaging requirements of this subchapter when packaged in combination packagings according to this paragraph. * * *
(d)* * *
(2)Is in an inner packaging of 5 L (1.3 gallons) or less, and for transportation on passenger-carrying aircraft conforms to § 175.10(a)(4) of this subchapter as checked or carry-on baggage; or 43. In § 173.151, the first sentence of paragraph
(b)introductory text and the first sentence of paragraph
(d)introductory text are revised to read as follows: § 173.151 Exceptions for Class 4.
(b)*Limited quantities of Division 4.1.* Limited quantities of flammable solids (Division 4.1) in Packing Group II or III are excepted from labeling requirements, unless the material also meets the definition of Division 6.1 or is offered for transportation or transported by aircraft, and the specification packaging requirements of this subchapter when packaged in combination packagings according to this paragraph. * * *
(d)*Limited quantities of Division 4.3.* Limited quantities of Division 4.3 (dangerous when wet) solids in Packing Group II or III are excepted from labeling requirements, unless the material also meets the definition of Division 6.1 or is offered for transportation or transported by aircraft, and the specification packaging requirements of this subchapter when packaged in combination packagings according to this paragraph. * * * 44. In § 173.152, the first sentence of paragraph
(b)introductory text is revised to read as follows: § 173.152 Exceptions for Division 5.1 (oxidizers) and Division 5.2 (organic peroxides).
(b)*Limited quantities.* Limited quantities of oxidizers (Division 5.1) in Packing Group II and III and organic peroxides (Division 5.2) are excepted from labeling requirements, unless the material also meets the definition of Division 6.1 or is offered for transportation or transported by aircraft, and the specification packaging requirements of this subchapter when packaged in combination packagings according to this paragraph. * * * 45. In § 173.154, the first sentence of paragraph
(b)introductory text is revised to read as follows: § 173.154 Exceptions for Class 8 (corrosive materials).
(b)*Limited quantities.* Limited quantities of corrosive materials (Class 8) in Packing Group II and III are excepted from labeling requirements, unless the material also meets the definition of Division 6.1 or is offered for transportation or transported by aircraft, and the specification packaging requirements of this subchapter when packaged in combination packagings according to this paragraph. * * * § 173.199 [Amended] 46. In § 173.199, in paragraph
(a)introductory text, the reference “§ 175.85” is revised to read “§ 175.75(b)”. § 173.225 [Amended] 47. In § 173.225, in paragraph (c), in Note 17 following the Organic Peroxide Table, remove the phrase “≥” and add “≤” in its place. 48. In § 173.244, paragraph
(c)is revised to read as follows: § 173.244 Bulk packaging for certain pyrophoric liquids (Division 4.2), dangerous when wet (Division 4.3) materials, and poisonous liquids with inhalation hazards (Division 6.1).
(c)*Portable tanks:* DOT 51 portable tanks and UN portable tanks that meet the requirements of this subchapter, when a T code is specified in Column
(7)of the § 172.101 Table of this subchapter for the specific hazardous material, are authorized. Additionally, a DOT 51 or UN portable tank used for Division 6.1 liquids, Hazard Zone A or B, must be certified and stamped to the ASME Code as specified in § 178.273(b)(6) of this subchapter. 49. In § 173.411, paragraph (b)(5) is revised to read as follows: § 173.411 Industrial packagings.
(b)* * *
(5)Tanks, other than tank containers, including DOT Specification IM 101 or IM 102 steel portable tanks, may be used as Industrial package Types 2 or 3 (Type IP-2) or (Type IP-3) for transporting LSA-I and LSA-II liquids and gases as prescribed in Table 6, provided that they conform to standards at least equivalent to those prescribed in paragraph (b)(4) of this section. § 173.471 [Amended] 50. In § 173.471, in paragraphs
(d)and (e), remove the wording “400 Seventh Street, SW.” and add in its place “East Building, 1200 New Jersey Avenue, SE.”. PART 174—CARRIAGE BY RAIL 51. The authority citation for part 174 continues to read as follows: Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53. 52. In § 174.67, make the following changes: a. Revise paragraphs (a)(2), (a)(3), and (a)(4). b. Add paragraph (a)(6). The revisions and addition read as follows: § 174.67 Tank car unloading.
(a)* * *
(2)Each hazmat employee who is responsible for unloading must apply the handbrake and block at least one wheel to prevent movement in any direction. If multiple tank cars are coupled together, sufficient hand brakes must be set and wheels blocked to prevent movement in both directions.
(3)Each hazmat employee who is responsible for unloading must secure access to the track to prevent entry by other rail equipment, including motorized service vehicles. This requirement may be satisfied by lining each switch providing access to the unloading area against movement and securing each switch with an effective locking device, or by using derails, portable bumper blocks, or other equipment that provides and equivalent level of safety.
(4)Each hazmat employee who is responsible for unloading must display caution signs on the track or on the tank cars to warn persons approaching the cars from the open end of the track and must be left up until after all closures are secured and the cars are in proper condition for transportation. The caution signs must be of metal or other durable material, rectangular, at 30.48 cm (12 inches) high by 38.10 cm (15 inches) wide, and bear the word “STOP.” The word “STOP” must appear in letters at least 10.16 cm (4 inches) high. The letters must be white on a blue background. Additional words, such as “Tank Car Connected” or “Crew at Work,” may also appear in white letters under the word “STOP.”
(6)Before a manhole cover or outlet valve cap is removed form a tank car, the car must be relieved of all interior pressure by cooling the tank with water or by venting the tank by raising the safety valve or opening the dome vent at short intervals. However, if venting to relieve pressure will cause a dangerous amount of vapor to collect outside the car, venting and unloading must be deferred until the pressure is reduced by allowing the car to stand overnight or otherwise cooling the contents. These precautions are not necessary when the car is equipped with a manhole cover which hinges inward or with an inner manhole cover which does not have to be removed to unload the car, and when pressure is relieved by piping vapor into a condenser or storage tank. PART 175—CARRIAGE BY AIRCRAFT 53. The authority citation for part 175 continues to read as follows: Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.53. § 175.8 [Amended] 54. In § 175.8, in paragraph (a)(3)(ii), the reference “§ 175.75(a)” is revised to read “§ 175.75(c)”. 55. In § 175.75, make the following changes: a. Revise paragraph (e)(3); and b. In paragraph (e)(5), the “Section 175.75 Quantity and Loading Tables” are revised. The revisions read as follows: § 175.75 Quantity limitations and cargo location.
(e)* * *
(3)Packages of hazardous materials transported aboard a cargo aircraft, when other means of transportation are impracticable or not available, in accordance with procedures approved in writing by the FAA Regional or Field Security Office in the region where the operator is located.
(5)* * * Section 175.75 Quantity and Loading Tables Passenger Aircraft Packages Authorized for Transport Onboard a Passenger Aircraft In an accessible cargo compartment If packages are accessible If packages are inaccessible If packages are in a freight container No limit 25 kg per compartment plus an additional 75 kg of Division 2.2 material. (see Note 1) 25 kg per container plus an additional 75 kg of Division 2.2 material. (see Note 1). In an inaccessible cargo compartment If packages are not in a freight container If packages are in a freight container 25 kg per compartment plus an additional 75 kg of Division 2.2 material. (see Note 1) 25 kg per compartment plus an additional 75 kg of Division 2.2 material. (see Note 1). Cargo Only Aircraft Packages Authorized for Transport Onboard a Passenger Aircraft In an accessible cargo compartment If packages are accessible If packages are inaccessible If packages are in a freight container No limit 25 kg per compartment plus an additional 75 kg of Division 2.2 material. (see Note 1) 25 kg per container plus an additional 75 kg of Division 2.2 material. (see Note 1). In an inaccessible cargo compartment If packages are not in a freight container If packages are in a freight container 25 kg per compartment plus an additional 75 kg of Division 2.2 material. (see Note 1) 25 kg per compartment plus an additional 75 kg of Division 2.2 material. (see Note 1). Packages Only Authorized for Transport Aboard a Cargo Aircraft In an accessible cargo compartment If packages are accessible If packages are inaccessible If packages are in a freight container and are accessible If packages are in a freight container and are inaccessible No limit Forbidden. (see Note 1) No Limit Forbidden. (see Note 1). In an inaccessible cargo compartment If packages are not in a freight container If packages are in a freight container Forbidden. (see Note 1) Forbidden. (see Note 1). Note 1: The following materials are not subject to this restriction: a. Class 3, PG III (unless the hazardous material meets the definition of another hazard class). b. Class 6 (unless also labeled as a flammable liquid). c. Class 7 (unless the hazardous material meets the definition of another hazard class). PART 176—CARRIAGE BY VESSEL 56. The authority citation for part 176 continues to read as follows: Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53. 57. In § 176.83, in paragraph (l), Table 176.83(l)(3) is revised to read as follows: § 176.83 Segregation.
(l)* * * Table § 176.83(L)(3).—Segregation of Cargo Transport Units on Board Hatchless Container Ships Segregation requirement Vertical Closed versus closed Closed versus open Open versus open Horizontal Closed versus closed On deck Under deck Closed versus open On deck Under deck Open versus open On deck Under deck 1. “Away from” On top of the other permitted Open on top of closed permitted Fore and aft No restriction No restriction No restriction No restriction One container space One container space or one bulkhead. Otherwise as for “Open versus open” Athwart ships No restriction No restriction No restriction No restriction One container space One container space. 2. “Separated from” Not in the same vertical line Fore and aft One container space One container space or one bulkhead One container space One container space or one bulkhead One container space and not in or above same hold One bulkhead. Not in the same vertical line As for “Open versus open” Athwart ships One container space One container space Two container spaces Two container spaces Two container spaces and not in or above same hold One bulkhead. 3. “Separated by a complete compartment or hold from” Fore and aft One container space and not in or above same hold One bulkhead One container space and not in or above same hold One bulkhead Two container spaces and not in or above same hold Two bulkheads. Athwart ships Two container spaces and not in or above same hold One bulkhead Two container spaces and not in or above same hold One bulkhead Three container spaces and not in or above same hold Two bulkheads. 4. “Separated longitudinally by an intervening complete compartment or hold from” Prohibited Prohibited Fore and aft Minimum horizontal distance of 24 m and not in or above same hold One bulkhead and minimum horizontal distance of 24 m* Minimum horizontal distance of 24 m and not in or above same hold Two bulkheads Minimum horizontal distance of 24 m and not in or above same hold Two bulkheads. Athwart ships Prohibited Prohibited Prohibited Prohibited Prohibited Prohibited. * Containers not less than 6 m (20 feet) from intervening bulkhead. Note: All bulkheads and decks must be resistant to fire and liquid. PART 178—SPECIFICATIONS FOR PACKAGINGS 58. The authority citation for part 178 continues to read as follows: Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53. §§ 178.270-12, 178.270-13, 178.270-14 [Removed] 59. Remove §§ 178.270-12, 178.270-13, 178.270-14. 60. In § 178.273, make the following changes. a. Revise the section heading; b. Revise the second sentence in paragraph (b)(7)(ii); and c. Revise paragraph (e)(1). The revisions read as follows: § 178.273 Approval of Specification UN portable tanks.
(b)* * *
(7)* * *
(ii)* * * The approval certificate must include all the information required to be displayed on the metal identification plate required by § 178.274(i). * * *
(e)* * *
(1)Prior to modification of any UN portable tank which may affect conformance and the safe use of the portable tank, which may involve a change to the design type or which may affect its ability to retain hazardous material in transportation, the person desiring to make such modification shall inform the approval agency that issued the initial approval of the portable tank (or if unavailable, another approval agency) of the nature of the modification and request approval of the modification. The person desiring to modify the tank must supply the approval agency with three sets of all revised drawings, calculations, and test data relative to the intended modification. 61. In § 178.274, the sixth sentence in paragraph (b)(1) is revised to read as follows: § 178.274 Specifications for UN portable tanks.
(b)* * *
(1)* * * Portable tanks must have an ASME certification and U stamp when used for Hazard Zone A or B toxic by inhalation liquids, or when used for non-refrigerated or refrigerated liquefied compressed gases. * * * 62. In § 178.348-4, paragraph (d)(3) is revised to read as follows: § 178.348-4 Pressure relief.
(d)* * *
(3)Cargo tanks used in dedicated service for materials classed as corrosive material, with no secondary hazard, may have a total venting capacity which is less than required by § 178.345-10(e). The minimum total venting capacity for these cargo tanks must be determined in accordance with the following formula (use of approximate values given for the formula is acceptable): Formula in Nonmetric Units Q = 37,980,000 A 0.82
(ZT)0.5 / (LC)(M 0.5 ) Where: Q = The total required venting capacity, in cubic meters of air per hour at standard conditions of 15.6 °C and 1 atm (cubic feet of air per hour at standard conditions of 60 °F and 14.7 psia); T = The absolute temperature of the vapor at the venting conditions—degrees Kelvin (°C+273) [degrees Rankine (°F+460)]; A = The exposed surface area of tank shell—square meters (square feet); L = The latent heat of vaporization of the lading—calories per gram (BTU/lb); Z = The compressibility factor for the vapor (if this factor is unknown, let Z equal 1.0); M = The molecular weight of vapor; C = A constant derived from (K), the ratio of specific heats of the vapor. If
(K)is unknown, let C = 315. C = 520[K(2/(K+1))[(K+1)/(K-1)]]0.5 Where: K = C <sup>p</sup> / C <sup>v</sup> C <sup>p</sup> = The specific heat at constant pressure, in -calories per gram degree centigrade (BTU/lb °F.); and C <sup>v</sup> = The specific heat at constant volume, in -calories per gram degree centigrade (BTU/lb °F.). 62a. In § 178.606, paragraph (c)(2)(ii) is revised to read as follows: § 178.606 Stacking test.
(c)* * *
(2)* * *
(ii)The packaging may be tested using a dynamic compression testing machine. The test must be conducted at room temperature on an empty, unsealed packaging. The test sample must be centered on the bottom platen of the testing machine. The top platen must be lowered until it comes in contact with the test sample. Compression must be applied end to end. The speed of the compression tester must be one-half inch plus or minus one-fourth inch per minute. An initial preload of 50 pounds must be applied to ensure a definite contact between the test sample and the platens. The distance between the platens at this time must be recorded as zero deformation. The force A to then be applied must be calculated using the formula: Liquids: A = (n−1) [w + (s × v × 8.3 × .98)] × 1.5; Solids: A = (n−1) (m × 2.2 × 1.5) Where: A = applied load in pounds m = the certified maximum gross mass for the container in kilograms. n = minimum number of containers that, when stacked, reach a height of 3 meters. s = specific gravity of lading. w = maximum weight of one empty container in pounds. v = actual capacity of container (rated capacity + outage) in gallons. And: 8.3 corresponds to the weight in pounds of 1.0 gallon of water. .98 corresponds to the minimum filling percentage of the maximum capacity for liquids. 1.5 is a compensation factor that converts the static load of the stacking test into a load suitable for dynamic compression testing. 2.2 is the conversion factor for kilograms to pounds. PART 179—SPECIFICATIONS FOR TANK CARS 63. The authority citation for part 179 continues to read as follows: Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53. § 179.18 [Amended] 64. In § 179.18, in paragraph (c), remove the wording “400 Seventh Street, SW.” and add in its place “East Building, 1200 New Jersey Avenue, SE.”. 65. In § 179.300-19, paragraph
(a)is revised to read as follows: § 179.300-19 Inspection.
(a)Tank shall be inspected within the United States and Canada by a competent and impartial inspector as approved by the Associate Administrator of Safety, FRA. For tanks made outside the United States or Canada, the specified inspection shall be made within the United States. PART 180—CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS 66. The authority citation for part 180 continues to read as follows: Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53. 67. In § 180.209, the table in paragraph (i)(1) and Notes 1 and 2 following the table are revised to read as follows: § 180.209 Requirements for requalification of specification cylinders.
(i)* * *
(1)* * * Date of cylinder manufacture Shell (visual inspection) requalification Initial Subsequent Porous filler requalification Intial Subsequent Before January 1, 1991 Before January 1, 2001 10 years Before January 1, 2011 Not required. On or after January 1, 1991 10 years 1 10 years 5 to 20 years 2 Not required. 1 Years from the date of cylinder manufacture. 2 No sooner than 5 years, and no later than 20 years from the date of manufacture. § 180.212 [Amended] 68. In § 180.212, in paragraph (b)(2), the wording “by the original manufacturer of the cylinder” is revised to read: “by a cylinder manufacturer of these types of cylinders”. 69. In § 180.215, paragraph
(b)introductory text is revised to read as follows: § 180.215 Reporting and record retention requirements.
(b)*Requalification records.* Daily records of visual inspection, pressure test, and ultrasonic examination if permitted under a special permit, as applicable, must be maintained by the person who performs the requalification until either the expiration of the requalification period or until the cylinder is again requalified, whichever occurs first. A single date may be used for each test sheet, provided each test on the sheet was conducted on that date. Ditto marks or a solid vertical line may be used to indicate repetition of the preceding entry for the following entries only: date; actual dimensions; manufacturer's name or symbol, if present; owner's name or symbol, if present; and test operator. Blank spaces may not be used to indicate repetition of a prior entry. The records must include the following information: § 180.409 [Amended] 70. In § 180.409, in paragraph (d)(2), remove the wording “400 Seventh Street, SW.” and add in its place “East Building, 1200 New Jersey Avenue, SE.”. Issued in Washington, DC, on September 24, 2007, under authority delegated in 49 CFR part 1. Krista L. Edwards, Acting Administrator. [FR Doc. E7-19138 Filed 9-28-07; 8:45 am] BILLING CODE 4910-60-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 365, 369, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 395, and 397 RIN 2126-AB13 Technical Amendments to Federal Motor Carrier Safety Regulations AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule. SUMMARY: This final rule makes technical corrections throughout 49 Code of Federal Regulations subtitle B, chapter III. In 2007, the FMCSA moved to 1200 New Jersey Avenue, SE., Washington, DC 20590. This rule changes obsolete references to the old address. In addition, we are making minor editorial changes to correct errors and omissions and improve clarity. This rule does not make any substantive changes to the affected parts of the Federal Motor Carrier Safety Regulations. DATES: Effective October 1, 2007. FOR FURTHER INFORMATION CONTACT: Jason Hartman, Regulatory Development Division,
(202)366-5043, *jason.hartman@dot.gov* . Office hours are from 8 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Legal Basis for the Rulemaking The provisions of the Federal Motor Carrier Safety Regulations (FMCSRs) amended by this rule are based on many different statutes. The legal authority for each of those provisions was explained when the requirement was originally adopted and is summarized at the beginning of each part in title 49, Code of Federal Regulations (CFR). No further analysis is required here. A few of the amendments made by this rule are required by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, August 10, 2005. Because the SAFETEA-LU mandates left the Federal Motor Carrier Administration (FMCSA) no discretion, the changes (described later in the preamble) are appropriate for a technical amendment. Title 49 CFR, subtitle B, chapter III contains all the FMCSRs. Background In 2007, FMCSA moved its headquarters from 400 Seventh Street, SW., Washington, DC 20590 to 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. The move makes it necessary to amend the CFR to change references to our address wherever they occur in the regulations. This document also makes editorial changes to correct inaccurate references and citations, improve clarity, and fix errors. These minor editorial changes are set out below, in a section-by-section description of the changes. Changes in SAFETEA-LU affected the financial responsibility requirements of both property and passenger carriers. Section 4120(b)(1) of SAFETEA-LU amended the reach of the financial responsibility statute for property carriers from “transportation of property for compensation by motor vehicle * * *” [49 U.S.C. 31139(b)(1)] to “transportation of property by *commercial motor vehicle* * * *” Section 4120(a)(1) changed the reach of the financial responsibility statute from “transportation of passengers for compensation by motor vehicle* * *” [49 U.S.C. 31138(a)] to “transportation of passengers by *commercial motor vehicle* * * *” A commercial motor vehicle, for these purposes, means a self-propelled or towed vehicle used on the highways in interstate commerce to transport passengers or property, if the vehicle—
(A)Has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater;
(B)Is designed or used to transport more than 8 passengers (including the driver) for compensation;
(C)Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation * * * [49 U.S.C. 31132(1)(A)-(C)]. Part 387 of 49 CFR has to be changed to reflect these modifications to FMCSA's authority to set insurance standards. As a result of the change by section 4120(b)(1), the FMCSA no longer has the authority to set insurance standards for small freight vehicles with a GVW/GVR under 10,001 pounds (unless they are hauling placardable quantities of hazardous materials). We are deleting § 387.303(b)(1)(i) to remove the reference to those small freight vehicles. In addition, section 4120(a)(1) modified FMCSA's authority to set insurance standards for passenger carriers. At or below the 15-passenger threshold, FMCSA's authority is limited to passenger vehicles “designed or used to transport more than 8 passengers (including the driver) for compensation.” We are removing the reference in § 387.303 (b)(1)(ii) to “Any vehicle with a seating capacity of 15 passengers or less.” We are adding, instead, a reference to “Any vehicle designed or used to transport more than 8 passengers (including the driver) for compensation.” These amendments do not impose any new requirements and make no substantive changes to the CFR. Notice and comment are unnecessary. Section by Section *Section 381.315* . Paragraph (d)(2) is amended by replacing the old uniform resource locator
(URL)for the DOT Dockets Management System with a new reference to the Federal Docket Management System at *http://www.regulations.gov* . *Section 385.13* . We are amending paragraph
(d)by renumbering the subparagraphs and making wording changes to improve clarity. *Section 385.423* . Paragraph
(c)is amended by replacing the reference to §§ 386.31 and 386.33 with a new reference to §§ 386.5, 386.6, and 386.8. Sections 386.31 and 386.33 were deleted and superseded by §§ 386.6 and 386.5, respectively, on May 18, 2005 (70 FR 28467-28486). The cross reference to § 386.8 is added for clarification. *Part 385 Appendix B* , Explanation of Safety Rating Process, is changed to reflect previous amendments to the CFR that were inadvertently never incorporated in the appendix. Before part 382 was revised on August 17, 2001 (66 FR 43103), the post-accident testing requirements for alcohol and controlled substances testing were both in § 382.303(a). For clarification, the revision kept the alcohol testing requirement in paragraph
(a)and put the controlled substances testing requirement in paragraph (b). The same 2001 revision of § 382.115 clarified that all the previous implementation dates had elapsed and required all motor carriers, both domestic and foreign, to implement the testing program requirements when they begin operating commercial motor vehicles in the United States. We are changing part 385 Appendix B to correctly reflect those 2001 revisions. *Section 386.2* . In the definition of “Assistant Administrator,” § 386.2 is amended by correcting the reference to the United States Code (U.S.C.). The citation, which now reads “49 U.S.C. 113(d),” is changed to read “49 U.S.C. 113(e).” *Section 386.7* . We are removing the paragraph designation
(a)to correct the section. *Section 387.303.* Because of the changes in SAFETEA-LU, described in the “Background” section above, paragraph (b)(1)(i) is rescinded and the table in (b)(1)(ii) is changed. In paragraph (b)(1)(ii), the second entry in the table, which used to cover any passenger vehicle with “a seating capacity of 15 passengers or less,” now is limited to vehicles “designed or used to transport more than 8 passengers (including the driver) for compensation.” Paragraph (b)(1)(ii) is also corrected to remove an obsolete reference to effective dates. *Section 389.5* . We are clarifying paragraph
(b)by renumbering and by adding a reference to the *regulations.gov* Web site where readers can have access to the Federal Docket Management System. We are also changing the address in paragraph (a). *Section 390.27* . The table is corrected by moving New Mexico into the Western Service Center, which now has responsibility for that State. This document also changes the addresses for the Eastern, Southern, and Western Service Centers. *Section 391.23* . Paragraph (c)(4) is corrected by changing “For a drivers” to “For drivers,” to make the sentence grammatically correct. *Section 392.9* . Paragraph (a)(1) is amended to correct the cross reference to reflect changes published in the **Federal Register** on September 27, 2002 (67 FR 61225). The new reference is to §§ 393.100 through 393.136 *Section 395.1* . On August 25, 2005 (70 FR 50071), the Agency amended the hours of service rules but in instructing the revision of paragraph (g), the Agency inadvertently omitted paragraphs (g)(3)(i) through
(iv)of § 395.1 from the annual Code of Federal Regulations for October 1, 2005, and October 1, 2006. The 2005 amendment should have specified the revision of paragraph (g)(3) introductory text; the Agency never intended to remove paragraphs (g)(3)(i) through (iv). We are reinstating those paragraphs to correct that omission. Therefore, amendatory instruction 39 in this rule revises paragraph (g)(3) to correctly reinstate paragraphs (g)(3)(i) through (iv). Rulemaking Analyses and Notices Administrative Procedure Act The Administrative Procedure Act provides exceptions to its notice and public comment procedures when an agency finds there is good cause on the basis that those procedures are “impracticable, unnecessary, or contrary to the public interest.” (See 5 U.S.C. 553(b).) As stated above, the amendments made by this final rule merely update mailing addresses, correct inadvertent errors and omissions, remove obsolete references, and make minor editorial changes to improve clarity and consistency. These amendments do not impose any new requirements, nor do they make any substantive changes to the CFR. For these reasons, the FMCSA finds good cause that notice and public comment are unnecessary. Further, the Agency finds good cause under 5 U.S.C. 553(d)(3) to make the amendments effective upon publication. Executive Order 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures The FMCSA has determined that this action is not a significant regulatory action within the meaning of Executive Order 12866 or within the meaning of Department of Transportation regulatory policies and procedures. The Office of Management and Budget
(OMB)did not review this document. We expect the final rule will have minimal costs; therefore, a full regulatory evaluation is unnecessary. Regulatory Flexibility Act In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-612), FMCSA has evaluated the effects of this rule on small entities. Because the rule only makes editorial corrections and places no new requirements on the regulated industry, FMCSA certifies that this action will not have a significant economic impact on a substantial number of small entities. Unfunded Mandates Reform Act of 1995 This rulemaking will not impose an unfunded Federal mandate, as defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, *et seq.* ), that will result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $120 million or more in any 1 year. Executive Order 12988 (Civil Justice Reform) This action will meet applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Executive Order 13045 (Protection of Children) The FMCSA analyzed this action under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. We determined that this rulemaking will not concern an environmental risk to health or safety that may disproportionately affect children. Executive Order 12630 (Taking of Private Property) This rulemaking does not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Executive Order 13132 (Federalism) The FMCSA analyzed this rule in accordance with the principles and criteria contained in Executive Order 13132. The FMCSA has determined that this rulemaking will not have a substantial direct effect on States, nor will it limit the policy-making discretion of the States. Nothing in this document will preempt any State law or regulation. The FMCSA has therefore determined this rule does not have federalism implications. Executive Order 12372 (Intergovernmental Review) The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this action. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that FMCSA consider the impact of paperwork and other information collection burdens imposed on the public. We have determined that no new information collection requirements are associated with this final rule. National Environmental Policy Act The FMCSA analyzed this final rule for the purpose of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ) and determined under our environmental procedures Order 5610.1, issued March 1, 2004 (69 FR 9680), that this action would not have any effect on the quality of the environment. Therefore, this final rule is categorically excluded from further analysis and documentation in an environmental assessment or environmental impact statement. The FMCSA also analyzed this rule under the Clean Air Act, as amended (CAA), section 176(c) (42 U.S.C. 7401 *et seq.* ), and implementing regulations promulgated by the Environmental Protection Agency. Approval of this action is exempt from the CAA's general conformity requirement since it will have no effect on the environment. Executive Order 13211 (Energy Effects) The FMCSA analyzed this action under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We determined that it is not a “significant energy action” under that Executive Order because it will not be economically significant and will not be likely to have an adverse effect on the supply, distribution, or use of energy. List of Subjects in 49 CFR Parts 385, 386, 387, 390, 391, 392, and 395 Highway safety, Motor carriers, Insurance, Motor vehicle safety, Reporting and recordkeeping requirements, and Surety bonds. In consideration of the foregoing, FMCSA amends title 49, Code of Federal Regulations, subtitle B, chapter III, as follows: PART 365—RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY 1. The authority citation for part 365 continues to read as follows: Authority: 5 U.S.C. 553 and 559; 16 U.S.C. 1456; 49 U.S.C. 13101, 13301, 13901-13906, 14708, 31138, and 31144; 49 CFR 1.73. §§ 365.405, 365.411, and 365.413 [Amended] 2. In the table below, for each section indicated in the left column, remove the words indicated in the middle column, and add the words indicated in the right column. Section Remove Add 365.405(a)(1) FMCSA, Licensing Team; (MC-PSDRIS), 400 Seventh Street, SW., Room 8214, Washington, DC 20590 Federal Motor Carrier Safety Administration, IT Operations Division (MC-RIO), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 365.411(b) FMCSA Licensing Team (MC-PSDRIS), 400 Seventh Street, SW., Room 8214, Washington, DC 20590 Federal Motor Carrier Safety Administration, IT Operations Division (MC-RIO), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 365.413(b) introductory text FMCSA, Licensing Team (MC-PSDRIS), Washington, DC 20590 Federal Motor Carrier Safety Administration, IT Operations Division (MC-RIO), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. PART 369—REPORTS OF MOTOR CARRIERS 3. The authority citation for part 369 continues to read as follows: Authority: 5 U.S.C. 553 and 559; 16 U.S.C. 1456; 49 U.S.C. 14123; 49 CFR 1.73. § 369.6 [Amended] 4. In § 369.6, remove the words “Federal Motor Carrier Safety Administration, Office of Information Management, 400 Seventh St., SW., Washington, DC 20590” and add, in their place, the words “Federal Motor Carrier Safety Administration, Office of Information Technology (MC-RI), 1200 New Jersey Ave., SE., Washington, DC 20590-0001”. PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS 5. The authority citation for part 381 continues to read as follows: Authority: 49 U.S.C. 31136(e) and 31315; 49 CFR 1.73. §§ 381.210, 381.225, 381.310, 381.315, 381.325, 381.410, 381.415 [Amended] 6. In the table below, for each section indicated in the left column, remove the words indicated in the middle column, and add the words indicated in the right column. Section Remove Add 381.210(a) Federal Motor Carrier safety Administrator, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20490 Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 381.225 Office of Bus and Truck Research Standards and Operations, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. The telephone number is
(202)366-1790 Federal Motor Carrier Safety Administration, Office of Bus and Truck Standards and Operations (MC-PS), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 381.310(a) Federal Motor Carrier Safety Administrator, U.S. Department of Transportation, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington, DC 20590 Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 381.315(d)(1) Department of Transportation, U.S. DOT Dockets, Room PL-410, 400 Seventh Street, SW., Washington, DC Department of Transportation, Docket Management Facility, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 381.315(d)(2) U.S. DOT Dockets, Room PL-401, by using the universal resources locator (URL): *http://dms.dot.gov* Department of Transportation, Docket Management Facility by using the Federal Docket Management System using the uniform resources locator (URL): *http://www.regulations.gov.* 381.325 Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. The telephone number is
(202)366-1790 Federal Motor Carrier Safety Administration, Office of Bus and Truck Standards and Operations (MC-PS), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 381.410(a) Federal Motor Carrier Safety Administrator, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590 Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 381.415 Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. The telephone number is
(202)366-1790 Federal Motor Carrier Safety Administration, Office of Bus and Truck Standards and Operations (MC-PS), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING 7. The authority citation for part 382 continues to read as follows: Authority: 49 U.S.C. 31133, 31136, 31301 *et seq.* , 31502; and 49 CFR 1.73. § 382.119 [Amended] 8. In the table below, for each section indicated in the left column, remove the words indicated in the middle column, and add the words indicated in the right column. Section Remove Add 382.119(b) Federal Motor Carrier Safety Administrator (or the Administrator's designee), U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590 Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 382.119(e) Office of Enforcement and Compliance, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. The telephone number is
(202)366-5720 Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. PART 383—COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES 9. The authority citation for part 383 continues to read as follows: Authority: 49 U.S.C. 521, 31136, 31301 *et seq.* , 31502; sec. 214 of Pub. L. 106-159, 113 Stat. 1766, 1767; sec. 1012(b) of Pub. L. 107-56, 115 Stat. 397; sec. 4140 of Pub. L. 109-59, 119 Stat. 1144; and 49 CFR 1.73. § 383.52 [Amended] 10. In § 383.52(c), remove the words “Assistant Administrator, Adjudications Counsel, Federal Motor Carrier Safety Administration (Room 8217), 400 Seventh Street, SW., Washington, DC 20590” and add, in their place, the words “Assistant Administrator, Adjudications Counsel (MC-CC), Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001”. PART 384—STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM 11. The authority citation for part 384 continues to read as follows: Authority: 49 U.S.C. 31136, 31301 *et seq.* , 31502; sec. 103 of Pub. L. 106-159, 113 Stat. 1753, 1767; sec. 4140 of Pub. L. 109-59, 119 Stat. 1144; and 49 CFR 1.73. § 384.107 [Amended] 12. In § 384.107(c)(1)(i), remove the words “Department of Transportation Library, 400 Seventh Street, SW., Washington, DC 20590 in Room 2200” and add, in their place, the words “Department of Transportation Library, 1200 New Jersey Ave., SE., Washington, DC 20590-0001”. PART 385—SAFETY FITNESS PROCEDURES 13. The authority citation for part 385 continues to read as follows: Authority: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 5113, 13901-13905, 31136, 31144, 31148, and 31502; sec. 350 of Pub. L. 107-87; and 49 CFR 1.73. § 385.4 [Amended] 14. In § 385.4(b)(2), remove the words “Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance, 400 Seventh Street, SW., Washington, DC 20590” and add in their place the words “Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave., SE., Washington, DC 20590-0001”. 15. Amend § 385.13 to revise paragraph
(d)to read as follows: § 385.13 Unsatisfactory rated motor carriers; prohibition on transportation; ineligibility for Federal contracts.
(d)*Penalties.*
(1)If a proposed “unsatisfactory” safety rating becomes final, FMCSA will issue an order placing out of service the motor carrier's operations in commerce. The out-of-service order shall apply both to the motor carrier's operations in interstate commerce *and to its operations affecting interstate commerce.*
(2)If a motor carrier's intrastate operations are declared out of service by a State, FMCSA must issue an order placing out of service the carrier's operations in interstate commerce. The following conditions apply:
(i)The State that issued the intrastate out-of-service order participates in the Motor Carrier Safety Assistance Program and uses the FMCSA safety rating methodology provided in this part; and
(ii)The motor carrier has its principal place of business in the State that issued the out-of-service order.
(iii)The order prohibiting the motor carrier from operating a CMV in interstate commerce shall remain in effect until the State determines that the carrier is fit.
(3)Any motor carrier that operates CMVs in violation of this section is subject to the penalty provisions of 49 U.S.C. 521(b) and Appendix B to part 386 of the FMCSRs. §§ 385.15, 385.19, 385.113, 385.203, 385.303, 385.405, 385.415, 385.423 [Amended] 16. In the table below, for each section indicated in the left column, remove the words indicated in the middle column, and add the words indicated in the right column. Section Remove Add 385.15(c) introductory text Chief Safety Officer, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington DC 20590 Chief Safety Officer, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 385.19(c) Office of Data Analysis and Information Systems (MC RIS), Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington, DC 20590 Federal Motor Carrier Safety Administration, Office of Information Technology (MC-RI), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 385.113(b) Associate Administrator for Enforcement, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington DC 20590 Associate Administrator for Enforcement and Program Delivery (MC-E), Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 385.203(c) Office of Professional Development and Training, FMCSA, 400 7th Street, SW., Washington, DC 20590 Federal Motor Carrier Safety Administration, Professional Development and Training Division (MC-MHT), 4600 N. Fairfax Drive, Suite 700, Arlington, Virginia 22203. 385.303 FMCSA, 400 7th Street SW., Washington, DC 20590 Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 385.405(b) Federal Motor Carrier Safety Administration, MC-PSDRIS, Room 8214, 400 7th Street, SW, Washington, DC 20590 Federal Motor Carrier Safety Administration, Office of Information Technology (MC-RI), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 385.415(b)(2) Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance, 400 Seventh Street, SW., Washington, DC 20590 Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 385.423(c) introductory text §§ 386.31 and 386.33 §§ 386.5, 386.6, and 386.8. 385.423(c)(1)(i) FMCSA Chief Safety Officer, Federal Motor Carrier Safety Administration, c/o Adjudications Counsel (MC-PSDCC), 400 Seventh Street, SW., Washington, DC 20590 Chief Safety Officer, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001 Attention: Adjudications Counsel (MC-CC). 385.423(c)(1)(ii) FMCSA Chief Counsel, Federal Motor Carrier Safety Administration, Office of the Chief Counsel, Room 8125, 400 Seventh Street, SW., Washington, DC 20590 Chief Counsel (MC-CC), Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. Appendix B to Part 385—[Amended] 17. Amend Appendix B to Part 385—Explanation of Safety Rating Process, section VII, List of Acute and Critical Regulations, by: a. Adding in numerical order a new entry for § 382.115(b), to read “§ 382.115(b) Failing to implement an alcohol and/or controlled substances testing program (foreign motor carrier) (acute).”; b. Amending the entry for § 382.303(a) by removing the words “and/or controlled substances”; and c. Adding in numerical order a new entry for § 382.303(b), to read “§ 382.303(b) Failing to conduct post accident testing on driver for controlled substances (critical).” PART 386—RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, AND HAZARDOUS MATERIALS PROCEEDINGS 18. The authority citation for part 386 continues to read as follows: Authority: 49 U.S.C. 521, 5123, 13301, 13902, 14915, 31132-31133, 31136, 31144, 31502, 31504; sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 U.S.C. 701 note); sec. 217, Pub. L. 105-159, 113 Stat. 1748, 1767; and 49 CFR 1.73. § 386.2 [Amended] 19. In § 386.2, in the definition of “Assistant Administrator,” remove “49 U.S.C. 113(d)” and add in its place “49 U.S.C. 113(e)”. § 386.7 [Amended] 20. Amend § 386.7(a) by: a. Removing the paragraph designation “(a)”. b. Removing the words “U.S. DOT Dockets, 400 7th Street, SW., Room PL-401, Washington, DC 20590” and adding in their place the words “Department of Transportation Docket Management Facility, 1200 New Jersey Ave., SE., Washington, DC 20590-0001”. PART 387—MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS 21. The authority citation for part 387 continues to read as follows: Authority: 49 U.S.C. 13101, 13301, 13906, 14701, 31138, and 31139; and 49 CFR 1.73. 22. Revise § 387.303(b)(1) to read as follows: § 387.303 Security for the protection of the public: Minimum limits. (b)(1) Motor carriers subject to § 387.301(a)(1) are required to have security for the required minimum limits as follows: Passenger Carriers: Kind of Equipment Vehicle seating capacity Minimum limit
(i)Any vehicle with a seating capacity of 16 passengers or more $5,000,000
(ii)Any vehicle designed or used to transport more than 8 passengers (including the driver) for compensation 1,500,000 PART 388—COOPERATIVE AGREEMENTS WITH STATES 23. The authority citation for part 388 continues to read as follows: Authority: 49 U.S.C. 113 and 502; 49 CFR 1.73. § 388.1 [Amended] 24. In § 388.1, remove the words “Washington, DC 20590” and add, in their place, the words “Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001”. PART 389—RULEMAKING PROCEDURES—FEDERAL MOTOR CARRIER SAFETY REGULATIONS 25. The authority citation for part 389 continues to read as follows: Authority: 49 U.S.C. 113, 501 *et seq.* , 31101 *et seq.* , 31138, 31139, 31301 *et seq.* , and 31502; 42 U.S.C. 4917; and 49 CFR 1.73. 26. Revise § 389.5 to read as follows: § 389.5 Regulatory docket.
(a)Information and data deemed relevant by the Administrator relating to rulemaking actions, including notices of proposed rulemaking; comments received in response to notices; petitions for rulemaking and reconsideration; denials of petitions for rulemaking and reconsideration; records of additional rule making proceedings under § 389.25; and final rules are maintained at headquarters, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001.
(b)Except for material ordered withheld from the public under section 552(b) of title 5 of the United States Code, any person may examine docketed material in the Department of Transportation Docket Management Facility in the following ways:
(1)At headquarters at any time during regular business hours. Copies may be obtained upon payment of a fee.
(2)On the Web site *regulations.gov,* at any time, by using the uniform resources locator
(URL)*http://www.regulations.gov.* Copies may be downloaded or printed. §§ 389.31, 389.35 [Amended] 27. In the table below, for each section indicated in the left column, remove the words indicated in the middle column, and add the words indicated in the right column. Section Remove Add 389.31(b)(1) Administrator, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington, DC 20590 Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 389.35(a) Administrator, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington, DC 20590 Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL 28. The authority citation for part 390 continues to read as follows: Authority: 49 U.S.C. 508, 13301, 13902, 31133, 31136, 31502, 31504; sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 U.S.C. 701 note); sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677; sec. 217, 229, Pub. L. 106-159, 113 Stat. 1748, 1767; and 49 CFR 1.73. § 390.19 [Amended] 29. In § 390.19(c)(1), remove the words “Federal Motor Carrier Safety Administration, Data Analysis and Information Systems, MC-PSDRIS, 400 Seventh Street, SW., Washington, DC 20590” and add in their place the words “Federal Motor Carrier Safety Administration, Office of Information Technology (MC-RI), 1200 New Jersey Ave., SE., Washington, DC 20590-0001”. § 390.27 [Amended] 30. Amend the table in § 390.27 by: a. Removing the words from the “location of office” column indicated below in the middle column, and adding the words indicated in the right column. Section Remove Add 390.27 City Crescent Building, #10 South Howard Street, Suite 4000, Baltimore, MD 21201-2819 802 Cromwell Park Drive, Suite N, Glen Burnie, MD 21061. 390.27 61 Forsyth Street, SW., Suite 17T75, Atlanta, GA 30303-3104 1800 Century Boulevard, Suite 1700, Atlanta, GA 30345-3220. 390.27 201 Mission Street, Suite 2100, San Francisco, CA 94105-1838 Golden Hills Office Centre, 12600 West Colfax Avenue, Suite B-300, Lakewood, CO 80215. b. Removing “NM” from the “territory included” column for the Southern service center and adding “NM” to the “territory included” column for the Western service center in alphabetical order. PART 391—QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV)DRIVER INSTRUCTORS 31. The authority citation for part 391 continues to read as follows: Authority: 49 U.S.C. 322, 504, 508, 31133, 31136 and 31502; sec. 4007(b) of Pub. L. 102-240 (105 Stat. 2152); sec. 114, Pub. L. 103-311 (108 Stat. 1673, 1677); and 49 CFR 1.73. § 391.23 [Amended] 32. In § 391.23(c)(4), remove the words “For a drivers” and add in their place the words “For drivers”. PART 392—DRIVING OF COMMERCIAL VEHICLES 33. The authority citation for part 392 continues to read as follows: Authority: 49 U.S.C. 322, 31136, and 31502; section 1041(b) of Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); and 49 CFR 1.73. § 392.9 [Amended] 34. In § 392.9(a)(1) remove the words “§§ 393.100 through 393.142 of this subchapter” and add in their place the words “§§ 393.100 through 393.136 of this subchapter.” PART 393—PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION 35. The authority citation for part 393 continues to read as follows: Authority: 49 U.S.C. 322, 31136, and 31502; section 1041(b) of Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); and 49 CFR 1.73. § 393.7 [Amended] 36. In § 393.7(c)(10)(i), remove the words “The Federal Motor Carrier Safety Administration, Office of Bus and Truck Standards and Operations, 400 Seventh Street, SW., Washington, DC 20590” and add in their place the words “Federal Motor Carrier Safety Administration, Office of Bus and Truck Standards and Operations (MC-PS), 1200 New Jersey Ave., SE., Washington, DC 20590-0001”. § 393.93 [Amended] 37. In the footnote to § 393.93(a) remove the words “Nassif Building, 400 Seventh Street, SW., Washington, DC 20590” and add in their place the words “1200 New Jersey Ave., SE., Washington, DC 20590-0001”. PART 395—HOURS OF SERVICE OF DRIVERS 38. The authority citation for part 395 continues to read as follows: Authority: 49 U.S.C. 504, 14122, 31133, 31136, 31502; sec. 229, Pub. L. 106-159, 113 Stat. 1748; sec. 113, Pub. L. 103-311, 108 Stat. 1673, 1676; and 49 CFR 1.73. 39. In § 395.1, paragraph (g)(3) is revised to read as follows: § 395.1 Scope of the rules in this part.
(g)* * *
(3)*Passenger-carrying commercial motor vehicles.* A driver who is driving a passenger-carrying commercial motor vehicle that is equipped with a sleeper berth, as defined in §§ 395.2 and 393.76 of this subchapter, may accumulate the equivalent of 8 consecutive hours of off-duty time by taking a combination of at least 8 consecutive hours off-duty and sleeper berth time; or by taking two periods of rest in the sleeper berth, providing:
(i)Neither rest period is shorter than two hours;
(ii)The driving time in the period immediately before and after each rest period, when added together, does not exceed 10 hours;
(iii)The on-duty time in the period immediately before and after each rest period, when added together, does not include any driving time after the 15th hour; and
(iv)The driver may not return to driving subject to the normal limits under § 395.5 without taking at least 8 consecutive hours off duty, at least 8 consecutive hours in the sleeper berth, or a combination of at least 8 consecutive hours off duty and sleeper berth time. PART 397—TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES 40. The authority citation for part 397 continues to read as follows: Authority: 49 U.S.C. 322; 49 CFR 1.73. Subpart A also issued under 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.53. Subparts C, D, and E also issued under 49 U.S.C. 5112, 5125. §§ 397.71, 397.73, 397.75, 397.101, 397.103, 397.205, 397.213 [Amended] 41. In the table below, for each section indicated in the left column, remove the words indicated in the middle column, and add the words indicated in the right column. Section Remove Add 397.71(b)(1)(ii) footnote Office of Enforcement and Compliance (MC-PSDECH), Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 400 7th Street, SW., Washington, DC 20590-0001 Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 397.73(b) FMCSA, Office of Enforcement and Compliance (MC-PSDECH), 400 7th St., SW., Washington, DC 20590-0001 by March 13, 1995 Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 397.75(b)(1) Administrator, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 400 7th Street, SW., Washington, DC 20590-0001. Attention: Office of the Chief Counsel (MC-PSDCC) Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. Attention: Office of the Chief Counsel (MC-CC). 397.101(g) introductory text Office of Enforcement and Compliance (MC-PSDECH), Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington, DC 20590-0001 Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 397.103(c)(1) Office of Enforcement and Compliance (MC-PSDECH), Attn: National Hazardous Materials Route Registry, 400 Seventh Street, SW., Washington, DC 20590 Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. Attention: National Hazardous Materials Route Registry. 397.103(d) Office of Enforcement and Compliance (MC-PSDECH), 400 Seventh Street, SW., Washington, DC 20590 Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. 397.205(b)(1) Administrator, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, Washington, DC 20590-0001. Attention: Office of the Chief Counsel (MC-PSDCC), Hazardous Materials Preemption Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. Attention: Office of the Chief Counsel, Enforcement and Litigation Division (MC-CCE). 397.213(b)(1) Administrator, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, Washington, DC 20590-0001. Attention: Office of the Chief Counsel (MC-CC), Hazardous Materials Preemption Docket Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. Attention: Office of the Chief Counsel, Enforcement and Litigation Division (MC-CCE). Issued on: September 24, 2007. John H. Hill, Administrator. [FR Doc. E7-19196 Filed 9-28-07; 8:45 am] BILLING CODE 4910-EX-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 061109296-7009-02] RIN 0648-XC67 Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota Transfer AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason quota transfer. SUMMARY: NMFS announces that State of Florida is transferring commercial bluefish quota to the State of New Jersey from its 2007 quota. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved. DATES: Effective September 26, 2007 through December 31, 2007. FOR FURTHER INFORMATION CONTACT: Emily Bryant, Fishery Management Specialist,
(978)281-9244, fax
(978)281-9135. SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic bluefish fishery are found at 50 CFR part 648. The regulations require annual specification of a commercial quota that is apportioned among the coastal states from Florida through Maine. The process to set the annual commercial quota and the percent allocated to each state is described in § 648.160. Two or more states, under mutual agreement and with the concurrence of the Administrator, Northeast Region, NMFS (Regional Administrator), can transfer or combine bluefish commercial quota under § 648.160(f). The Regional Administrator is required to consider the criteria set forth in § 648.160(f)(1) in the evaluation of requests for quota transfers or combinations. Florida has agreed to transfer 309,125 lb (140,160 kg) of its 2007 commercial quota to New Jersey. The Regional Administrator has determined that the criteria set forth in § 648.160(f)(1) have been met. The revised bluefish quotas for calendar year 2007 are: New Jersey, 1,579,605 lb (716,496 kg); and Florida, 553,488 lb (251,057 kg). Classification This action is taken under 50 CFR part 648 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: September 25, 2007. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07-4832 Filed 9-26-07; 2:07 pm]
Connectionstraces to 34
Traces to 34 documents
U.S. Code
- SHORT TITLE.§ 801
- Purposes of chapter; Federal Communications Commission created§ 151
- Federal Communications Commission§ 154
- Mode of recovery§ 2461
- Oil and hazardous substance liability§ 1321
- Minimum financial responsibility for transporting property§ 31139
- Minimum financial responsibility for transporting passengers§ 31138
- Definitions§ 31132
- Federal Motor Carrier Safety Administration§ 113
- Rule making§ 553
- Statements to accompany significant regulatory actions§ 1532
- Public information collection activities; submission to Director; approval and delegation§ 3507
- Congressional declaration of purpose§ 4321
- Congressional findings and declaration of purpose§ 7401
- Coordination and cooperation§ 1456
- Transportation policy§ 13101
- Financial reporting§ 14123
- United States Government regulations§ 31136
- General powers of the Secretary of Transportation§ 31133
- Civil penalties§ 521
- Motor carrier noise emission standards§ 4917
- Safety performance history of new drivers; limitation on liability§ 508
- General powers§ 322
- Reports and records§ 504
- General regulatory authority§ 5103
- Highway routing of hazardous material§ 5112
- Findings, purposes and policy§ 1801
44 references not yet in our index
- 47 CFR 101
- 47 CFR 101.115
- 49 CFR 105
- 49 CFR 106
- 49 CFR 107
- 49 CFR 110
- 49 CFR 130
- 49 CFR 171
- 49 CFR 172
- 49 CFR 173
- 49 CFR 174
- 49 CFR 175
- 49 CFR 176
- 49 CFR 178
- 49 CFR 179
- 49 CFR 180
- 49 USC 5101-5128
- 49 CFR 1.53
- Pub. L. 101-410
- Pub. L. 104-121
- Pub. L. 104-134
- 49 CFR 1.45
- 49 CFR 1
- Pub. L. 109-59
- 5 USC 601-612
- 49 CFR 1.73
- Pub. L. 106-159
- 113 Stat. 1766
- Pub. L. 107-56
- 115 Stat. 397
- 119 Stat. 1144
- 113 Stat. 1753
- Pub. L. 107-87
- Pub. L. 104-88
- 109 Stat. 803
- 49 USC 701
- Pub. L. 105-159
- 113 Stat. 1748
- Pub. L. 103-311
- 108 Stat. 1673
+ 4 more
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