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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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8/9/2019 4 11 83 Extension NPRM
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
8/9/2019 4 11 83 Extension NPRM
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
8/9/2019 4 11 83 Extension NPRM
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.)