4 11 83 Extension NPRM

8/9/2019 4 11 83 Extension NPRM

1/4

Federal

Register _

Vol. 48, No.

70

Monday, April

11, 1983

Proposed

Rules

in

all areas but

three where

lead

smelters

are

located.

For these

three areas,

DER

has

to attainment

of the

ambient

for lead within

three years

of

approval

of

the

SIP.

EPA

policy,

has been that

states must

attainment

of the primary

for lead

by October

1982,

four

one

month

after

promulgation

standard.

See

the Dates section

the

preamble

to

the

lead standards,

43

46246 (October

5, 1978).

In 1981 EPA

portions

of

the

Missouri

SIP

including

the

portion

adopting

same

attainment date approach as

by DER.

Subsequently,

three

smelters located

in Missouri

filed

a

asking

EPA

to reconsider

its

of the

Missouri

lead

SIP

its position on

the attainment

issue. EPA is

currently

reviewing

petition and

preparing

a response

the issue

of the proper attainment

under Section

110(a)(2)(A)

of

the

Air Act. Since EPA s

action

on the

petition

directly affects

the

date proposed

by DER

for

areas,

EPA

is

also

proposing

to

no action at

this time

on the

date

for these areas

in the

plan.

As soon as EPA

has

to

the petition

for

of

the Missouri lead

SIP,

take appropriate

action on

the

lead

SIP attainment

date

these

three

areas (provided that

all

SIP deficiencies have

been

The decision to defer

action

the

attainment

date

will not affect

proposed

approval of the

lead

SIP

for

those

areas.

to

the State's

are already

attaining the

standard.

Since

these

areas

are

attaining the

standard,

the

date

has

no

practical

impact.

GeneralRequirements

Pennsylvania

currently

has

which

set

forth

procedures

review

of

new

and modified

sources

lead

in

order

to

prevent

violations

of

standard

in

the future.

DER has

committed

to expend

the

necesssary to implement

this

A

public

hearing

on the

Pennsylvaina

SIP was

held

on September

8,

1982.

summary

of

the

comments wa s

by the.State,

with DER's

to the comments.

EPA

has reviewed

the

elements

of

State

Implementation

for lead,

and is today proposing

approval

of

this

Plan for

all

areas

of the

State except

for the areas in

the

mmediate vicinity of

the

three

lead smelters

listed

above.

The

public is

invited to submit, to the

address

stated above,

comments

on

whether Pennsylvania's

Lead

SIP

should

be approved.

The

Administrator's

decision

to approve or

disapprove the

proposed SIP

will be

based

in part

on

the

comments

received. Under

Executive

Order

12291,

today s

action

is not

Major .

It

has

been submitted to the

Office of

Management

and

Budget

(OMB) for

review.

Any comments from

OMB

to

EPA,

and

any EPA response,

are

available for

public inspection

at

the

EPA

Region

III' office listed

above.

Under

5

U.S.C.

605(b),

the

Administrator

has certified that SIP

approvals do not

have

a significant

economic impact

on

a

substantial

number

of

small

entities. (See

46

FR

8709].

List

of Subjects

in 40

CFR

Part52

Air

pollution

control,

Ozone,

Sulfur

oxides,

Nitrogen dioxide,

Lead,

Particulate

matter, Carbon monoxide,

Hydrocarbons,

Intergovernmental

relations.

(42 U.S.C. 7401-7642)

Dated:

January

5 1983.

Stanley L.Laskowski,

cting

Regional

Administrator

[FR

Doc. 83-9397 Filed 4-8-83; 8: 5

am]

BILLING

CODE 656 5 M

DEPARTMENT

OF TRANSPORTATION

Federal

Highway Administration

49

CFR Part 387

[BMCS

Docket No.

MC 94 2;

Notice

No.

82

12 ]

Minimum Levels

of

Financial

Responsibility

for

Motor Carriers

of

Property Extension

of Reduced

Levels

AGENCY: Federal

Highway

Administration (FHWA),

DOT.

ACTION:

Notice

of proposed

rulemaking.

SUMMARY:

The FHW

requests

comments

on

a proposed

revision to

its

regulation concerning

minimum

levels

of

financial responsibility

for motor

.carriers

of

property.

The

proposed

revision would

extend

the effective date

for

reduced

liability

limits from July

1

1983 to January

1

1985,

as specifically

provided

for by Section

406

of

the

Surface Transportation Assistance

Act

of

1982. The purpose

of

this

proposed

revision is to

reduce

the

economic

burden

on the motor carrier

and

insurance industries

for the full phase-

in

period

permitted

by law without

diminishing protection

to the public.

DATE:

Comments must

be received

on or

before

May 26, 1983.

ADDRESS: All

comments should refer

to

the docket

number and notice

number

that appear at

the top of

this document

and should

be

submitted,

preferably

in

triplicate,

to

Room

3404,

Bureau

of

Motor

Carrier

Safety, 400

Seventh

Street, SW., Washington,

D.C.

20590.

FOR

FURTHER

INFORMATION CONTACT.

Mr. Neill L. Thomas,

Bureau of

Motor

Carrier

Safety

(BMCS),

(202)

426-9767;

or

Mrs. Kathleen S. Markman,

Office of

the

Chief Counsel,

(202) 426-0346,

Federal

Highway Administration,

400

Seventh Street,

SW., Washington, D.C.

20590.

Office

hours

are

from 7:45 a.m.

to

4:15 p.m. ET, Monday

through Friday.

SUPPLEMENTARY

INFORMATION:

On

January

6, 1983, the

President signed into

law the

Surface Transportation

Assistance Act

of 1982 (Pub.

L. 97-424,

96 Stat.

2097)

(STAA

of

1982). Section

406(a)

of the

STAA

of

1982 amends

Section

30

of

the

Motor

Carrier

Act of

1980 (Pub.

L.

9-298

94 Stat.

820)

(MCA)

by

allowing the

Secretary

to

extend

the

phase-in

period

for

the

reduced

minimum levels

of

financial

responsibility

for

2 years to 3X

years.

Section

30 of

the

MCA

sets

forth

minimum

levels

of

financial

responsibility

which

must

be maintained

by

motor

carriers

of property.

The MC A

also

gave

the

Secretary

the

authority to

reduce those

levels,

by regulation,

for up

to

a 2-year phase-in

period provided

the

reduced levels

would not

adversely

affect public safety

and would

prevent

a

serious

disruption in

transportation

service.

In the

final rule

implementing the

provisions

of Section

30 of

the

MCA

(48

FR 30982,

June 11, 1981) as set

forth in 49

CFR

Part 387,

the

Secretary

exercised

his authority by

reducing the

minimum

levels

to the lowest levels

allowed

by

the

MCA for the full

2-year phase-in

period.

This

decision

was

based on

comments

to the

docket

(MC-94)

received

during

the rulemaking

process

as

well as on

the findings contained

in

the

regulatory

evaluation/regulatory

flexibility

analysis

prepared

on

the

subject.

Further,

in a

Report

.to

Congress

required

by Section 30

of

the

MCA, the

Secretary recommended an amendment

to

the MCA

which

would

allow the

minimum

levels

of

financial

resporisibility

established by the

Secretary-to

remain in

force.after June

*

30,

1983, and

permit

the

Secretary

*

hereafter

to initiate

rulemaking relative

to

requiring different

levels

of financial

responsibility

as

needs

of public

safety

dictate.

Such

action

would

have allowed

the Secretary

to

obtain current, valid,

substantive information.

From this,

15499

Citation: 48 Fed. Reg. 15499 1983

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2/4

Federal Register

/

Vol.

48,

No. 70 /

Monday,

April

11,

1983 /

Proposed Rules

reasonable decisions

could

have been

made

that

would have

provided

adequate protection

for

the public.

Further,

such

action

would not have

adversely

affected

either

the motor

carrier

or insurance

industries.

Future

limits

would

have

been based

on a

public

record compiled

according

to

rulemaking

procedures.

The

amendment contained

in Section

406 of the STAA

of

1982

responds to

the

Secretary's

recommendation

in the

Report to Congress.

While the

amendment

does not

fully grant

the

Secretary

discretionary

authority

to

establish

appropriate

levels of

financial

responsibility,'it

does extend

the

allowable

phase-in

period

from

2

years to

3Yyears.

This

notice proposes

to amend

the

durrent

regulations

regarding

the

minimum

levels

of

financial

responsibility by

revising

the

Schedule

Of

Limits

table

located

in

49

CFR

387.9

and 387.15 to

reflect the

additional 18

month

phase-in period permitted

by

Section

406

of

the

STAA

of 1980.

This

proposal

is based on

he belief

that the proposed

18

month extension

will

not adersely

affect

public

safety.

Available

data

developed

during the

promulgation of

the current

rule

indicates

that the

current

minimum

levels

are sufficient

to satisfy

liability

claims

arising

from the

vast majority

of

accidents

reported.

Further,

it is

believed

that

the proposed

extension

would prevent

a

serious

disruption

in

the transportation

industry,

since

the

commercial

motor carrier

industry

is

currently

undergoing

a

period

of

financial difficulty and

constriction.

The

extension of

the phase-in

period

will

help

to

stabilize

the

overhead

of

motor

carriers through

the economic

recovery

period.

Those

desiring to

comment

on

this

rulemaking

action

are asked to submit

their views,

data and

arguments

to the

docket

at

the

aboveaddress.

Comments

need

not

be

limited to the

areas

specificially

mentioned

in the

NPRM.

All

comments received

will

be

considered

before any

final

rule

is developed.

All

comments

submitted

will be

available,

both before

and

after the

closing

date, for

examination

by

interested persons

in

the Docket Room

of

the Bureau

of Motor

Carrier

Safety,'

Room

3404,

400 Seventh

Street, SW.,

Washington,

D.C.. 20590.

The

FHWA has

determined

that

this.

document contains

neither a major

rule

under

Executive

Order 12291

nor

a

significant

regulation

under the

regulatory

policies

and

procedures

of

the

Department

of Transportation.

The

final

regulatory

evaluation

which

was

prepared

for the

first rulemaking

is

available

for review

in the public

docket.

A copy

may be obtained

by

contacting

Mr Neill

L.

Thomas at

the

address provided

above

under the

heading

For

Further

Information

Contact.

The FHWA

specifically

requests

information

upon which

to

determine

whether

such action

would

have

a

significant

economic

impact

on a

substantial

number

of

small entities.

List of Subjects

in

49

CFR

Part

387

Hazardous

materials

transportation,

Insurance,

Motor

carriers,

Surety

bonds.

In consideration

of

the

foregoing, the

FHWA is considering

amending Part

387

of

Title 49, Code of

Federal

Regulations,

as

set forth below.

1. The

Schedule

of

Limits table

in

387.9

is

amended

by removing the

date

July

1,

1983

and replacing

it

with

the

date January

1, 1985.

As

revised,

the

table

now

reads

as

follows:

387 9

levels.

Financial

responsibility

minimum

* *

SCHECULE

OF LIMITS. PUBLIC

LIABILITY

Type

of

carriage

Commodity transported

July

1, 1981

Jan. 1, 1985

1)

For-hire

in

interstate or

for Property

(nonhazardous)

$500.000

$750,000

elgn commerce).

2)

For-hire and Private

In nter.

Hazardous

substances,

as defined

in 49

CFR 171.8,

liquefied compressed

gas,

or

compressed

gas

transported

in

cargo

1 000.000 5,000,000

state.

foreign, or

Intrastate tanks,

portable tanks, or

hopper-type vehicles

with capacities

in excess

of 3.500

water gallons; or in

bulk

any

quantity)

commerce).

Class

A

or B explosives

or poslon

gas: or

large quantity

radioactive

materials as

defined in

49 CFA 173.389.

3)

For-hire

and Private

In nter-

Oil

listed

in

49 CFR

172101; hazardous

waste, hazardous

materials

and hazardous substances

defined

in 49 CFR 171.8

500.000

1.000 000

state

or

foreign

commerce: in

and

listed

in

49

CFR

172.101.

but

ot mentioned

in

2)

bove

or

4)

below.

any quantity)

or In intrastate

commerce:

in bulk only).

4) For-hire

and Private n

inter-

Any

quantity

of Class A or 8

explosives;

any quantity

of

poison

gas; or

large quantity radioactive

materials as defined

in

49

1 000 000 5.000 000

state or foreign

commerce).

CFR

173.389.

*NOTE.-The

type of

carnage

fisted under

numbers 1),

2), and

3) pply

to

vehicles

with a gross vehicle

weight

rating of

10 000 pounds or

more. The

type of

carriage listed

under

number

4) applies

to all

vehicles

with a

grossvehicle

weight rating

of less than

10 000 pounds.

2.

The

Schedule

of

Limits table

in

Illustration

I of

387.15 is

amended

by

removing

the

date

July

1, 1983 and

replacing

it

with

the

date January

1985. As

revised, the table now reads

as follows:

.

387.15

Forms.

*r *

r *t *r

* *

SCHEDULE OF

LIMITS.-PUBLIC

LIABILITY

*Type of Carriage

Commodity

transported

July 1, 1981 Jan.

1. 1985

I1)

For-hire In interstate

or

for Property

(nonhazardous)

.........................................

$500.000

750,000

sign commerce).

2) For-hire

and Private

In nter-

Hazardous

substances,

as

defined in

49 CFR 171.8

liquefied

compressed

gas,

or compressed

gas

transported

in cargo

1 000 000

5 000 000

state,

foreign,

or

Intrastate tanks, portable

tanks, or

hopper-type

vehicles

with

capacities

in

excess

of

3 500

water

gallons; or

in

bulk

any quantity)

commerce).

I

Class

A

or

8

explosives

or poision

gas; or

large quantity

radioactive

materials

as defined

in

49 CFR

173.389.

3) For-hire

and

Private

In nter- Oil listed

in

49 CFR 172.101;

hazardous waste,

hazardous

materials

and hazardous

substances

defined in

49 CFR 171.8

500 000

1,000,000

state

or

foreign

commerce. in

and listed in49

CFR 172.101,

but

not mentioned

in 2)above

or 4)

below.

any

quantity)

or

(In intrastate

commerce: inbulk

only).

4)

For-hire

and Private

In Inter-

Any quantity

of Class Aor

Bexplosives;

any

quantity of pioson

gas; or

large quantity

radioactive

materials as

defined in

49 1,000o00

5.000.000

state or foreign

commerce).

CFR

173.389.

-*Notes.-The

type of

carriage listed under

nufiters

1),

2), and 3) apply

to vehicles

with

a

gross vehicle

weight rating of

10.000

popmds or

more. The

type of

carrage listed under

number

4)applies

to all vehicles

with

a

gross

vehicle

weight rating

of less

than 10 000 pounds.

Note.-This

table showing

the

schedule

of

limits

may

appear

at the bottom

or on the reverse

side

of form

MCS-90.

15500

55


3/4

Federal Register Vol 48 No 70 Monday, April

11,

1983 Proposed Rules 55

Catalog

of Federal

Domestic

Assistance

Program Number

20.217, MotorCarrier

Safety)

Section

406 Pub L.

97-424

96

Stat. 2097; 49

CFR 1.48

and 301.60

Issued

on: April 6,

1983.

Kenneth

L.

Pierson,

Director

BureauofMotor

Carrier

afety

FederalHighway

dministration.

[FRDoc.

83 9355

Filed 4 8 83;

8:45 am]

BILLING

CODE

4910 22 M


4/4

15502

Notices

Federal

Register

Vol.

48, No.

70

Monday, April

11, 1983

This

section

of

the

FEDERAL

REGISTER

contains

documents

other

than

rules

or

proposed

rules

that are

applicable

to

the

public.

Notices

of hearings

and

investigations,

committee

meetings,

agency

decisions

and

rulings, delegations

of

authority,

filing of

petitions and

applications

and agency

statements

of

organization

and

functions

are

examples

of

documents

appearing

in

this

section.

DEPARTMENT

OF AGRICULTURE

Packers

and Stockyards

Administration

Posted

Stockyards;

Holbrook

Ariz. et

al.

Pursuant

to the authority

delegated

under

the

Packers

and

Stockyards

Act,

1981

as

amended

7

U.S.C.

181

et seq. ,

it was

ascertained

that

the livestock

markets

named

below

were

stockyards

within

the definition

of

that

term

contained

in

section

302

of the

Act,

as

amended

7

U.S.C.

202), and

notice

was

given

to the owners

and

to the

public by

posting

notices

at

the

stockyards

as

required

by said section

302

on

respective

dates

specified below.

Facility

No., name,

and location

of

Data of

poating

stockyard

AZ-1

12 Sun Valley Livestock

Auction,

Feb.

5, 1982.

Holbrook,

Arizona.

FL-130

Sporr

Farm and

Homa Auction,

July

30

1982.

Sparr, Florida.

MO-254 Laclede County

Livestock

Pro-

Feb. 17.1982.

ducers Association,

Lebanon,

Missouri.

MO-255

Wright

County

Livestock

Auction, Oct.

20,

1982.

Inc.,

Mountain

Grove,

Missouri.

TX-324

Community

Livestock

Sales,

Inc., Dec.

15 1982.

Rio

Grande

City,

Texas.,

Done

at Washington,

D.C., this

4th day

of

April

1983.

Jack

W.

Brinckmeyer,

Chief,

Financial

Protection

Branch,

Livestock

Marketing

Division.

[FR

Doc.

83-9429 Filed 4-8-83; 8: 5

am

BILLING

CODE 3410-02-M

ARMS CONTROL AND

DISARMAMENT

GEN Y

Performance Review Board;

Membership

AGENCY

U.S.

Arms

Control and

Disarmament

Agency.

ACTION:

Notice of

membership

of

Performance

Review

Board.

SUMMARY: In

accordance

with 5 U.S.C.

4314 c) 4),

the U.S.

Arms

Control

and

Disarmament Agency

announces the

appointment of Performance

Review

Board

members.

EFFECTIVE

DATE: March 25

1983.

FOR

FURTHER

INFORMATION

CONTACT:

Hazel Wyatt,

Personnel Officer,

U.S.

Arms Control

and Disarmament

Agency,

Washington,

D.C. 20451 202)

632-2034.

The

following

are the

names

and

present

titles

of the

individuals

appointed

to the register

from

which

Performance

Review

Boards will

be

established

by

the

U.S. Arms

Control

and

Disarmament

Agency.

Each

individual

will

serve a one year

renewable

term

beginning

on the

effective date

of

this notice. Specific

Performance

Review

Boards will

be

established

as needed

from

this

Register.

Name

andtitle

James

George-Assistant

Director,

Mdltilateral Affairs Bureau

Manfred

Eimer-Assistant

Director,

Verification

and

Intelligence

Bureau

Paul

Nitze-Special

Representative

to the

INF

Louis

Nosenzo-Deputy

Assistant

Director,

Strategic Programs

Bureau

Mary Hoinkes-Deputy

Assistant

Director,

Multilateral Affairs Bureau

Albert Christopher-Deputy

Assistant

Director,

Nuclear Weapons

and

Control

Bureau

Norman Clyne-Executive

Secretary

to the

INF

James

Timbie-Special

Assistant to

the

ire tor

Charles

Kupperman-Executive

Director,

General

Advisory Committee

Lucas

Fischer-Division Chief,

Strategic

Programs Bureau, Theater Affairs Division

Victor

Alessi-Division

Chief, Strategic

Programs Bureau,

Strategic

Affairs Division

Robert

Rochlin-Chief

Scientist, Multilateral

Affairs Bureau

Alfred

Lieberman-Senior

Advisor,

Operations Research and Analysis

.Alfred

Hartzler-Chief, Computer

Services

Group

William

Staples-Division

Chief, Nuclear and

Weapons

Control

Bureau, Defense

Program

and Analysis

Division

Joerg Menzel-Division

Chief,

Nuclear

Weapons and

Control

Bureau, Nuclear

Safeguards and Technology

Division

Maurice

Eisenstein-Division

Chief,

Nuclear

Weapons

and

Control Bureau,

Technology

Transfer Group

William

Montgomery-Administrative

Director

A. Richard

Richstein-General Counsel

Norman

Wulf-Deputy

General Counsel

Thomas

Graham-Director, Office of

Congressional

and Public

Affairs

Joseph

Lehman-Deputy

Director for Public

Affairs.

Dated: March

25, 1983.

William

J.

Montgomery,

Administrative

Director.

IFR

Doc.

83-9385

Filed

4-8-83;

8:45

am]

BILLING

CODE

6820-32-M

CIVIL AERONAUTICS BOARD

[Docket

40524]

Independent

Air

Inc. Fitness

Investigation; Hearing

Notice is hereby

given that a hearing

in

the

above-entitled

matter is

assigned

to commence on April

22

1983, at

9:30

a.m. (local time) in Room

1027 Universal

Building,

1825 Connecticut

Avenue,

NW.,

Washington,

D.C. before

the

undersigned

Chief Administrative

Law

Judge.

Dated at Washington,

D.C.,

April

4,

1983.

Elias

C. Rodriguez,

ChiefAdministrative

Law Judge.

[FR Doc.

83-9424

Filed 4-8-83;

8:45

am]

BILLING

CODE

6320-01-M

Applications

for

Certificates

of

Public

Convenience

and

Necessity

and

Foreign

Air

Carrier

Permits

Permits

filed

under

Subpart Q of

the

Board s

Procedural

Regulations;

week

ended: April

1 1983.

Subpart

Q

Applications

The

due date

for

answers,

conforming

application,

or

motions

to modify

scope

are

set forth

below for

each

application.

Following

the

answer

period

the Board

may

process

the

application

by

expedited

procedures.

Such

procedures

may

consist

of

the

adoption of

a show-cause

order,

a tentative

order,

or

in

appropriate

cases a final

order

without further

proceedings.

See

14

CFR

302.1701

et

seq.)

Documents

4 11 83 Extension NPRM