Federal Register /_ Vol. 48, No.

70 / Monday, April 11, 1983 / Proposed Rules

15499

ADDRESS: All comments should refer to

The public is invited to submit, to the
attained in all areas but three where
the docket number and notice number
address stated above, comments on
secondary lead smelters are located.
whether Pennsylvania's Lead SIP should that appear at the top of this document
For these three areas, DER has
and should be submitted, preferably in
be approved. The Administrator's
committed to attainment of the ambient
triplicate, to Room 3404, Bureau of
decision to approve or disapprove the
standard for lead within three years of
Motor Carrier Safety, 400 Seventh
proposed SIP will be based in part on
EPA's approval of the SIP. EPA policy,
however, has been that states must
the comments received. Under Executive Street, SW., Washington, D.C. 20590.
Citation:
48primary
Fed. Reg. 15499
12291, today's action is not
Order1983
of the
show attainment
FOR FURTHER INFORMATION CONTACT.
"Major". It has been submitted to the
standard for lead by October 1982, four
Mr. Neill L. Thomas, Bureau of Motor
years and one month after promulgation
Office of Management and Budget
Carrier Safety (BMCS), (202) 426-9767;
of the standard. See the "Dates" section
(OMB) for review. Any comments from
or Mrs. Kathleen S. Markman, Office of
of the preamble to the lead standards, 43 OMB to EPA, and any EPA response,
the Chief Counsel, (202) 426-0346,
FR 46246 (October 5, 1978). In 1981 EPA
are available for public inspection at the Federal Highway Administration, 400
disapproved portions of the Missouri
EPA Region III' office listed above.
Seventh Street, SW., Washington, D.C.
lead SIP including the portion adopting
Under 5 U.S.C. 605(b), the
20590. Office hours are from 7:45 a.m. to
the same attainment date approach as
Administrator has certified that SIP
4:15 p.m. ET, Monday through Friday.
presented by DER. Subsequently, three
approvals do not have a significant
SUPPLEMENTARY INFORMATION: On
lead smelters located in Missouri filed a economic impact on a substantial
January 6, 1983, the President signed into
petition asking EPA to reconsider its
number of small entities. (See 46 FR
law the Surface Transportation
disapproval of the Missouri lead SIP
8709].
Assistance Act of 1982 (Pub. L. 97-424,
including its position on the attainment
Part
52
in
40
CFR
of
Subjects
List
96 Stat. 2097) (STAA of 1982). Section
reviewing
date issue. EPA is currently
406(a) of the STAA of 1982 amends
that petition and preparing a response
Air pollution control, Ozone, Sulfur
Section 30 of the Motor Carrier Act of
attainment
of
the
proper
on the issue
Lead,
dioxide,
oxides,
Nitrogen
Content downloaded/printed from
1980 (Pub. L. 9-298, 94 Stat. 820) (MCA)
date under Section 110(a)(2)(A) of the
Particulate matter, Carbon monoxide,
by allowing the Secretary to extend the
(http://heinonline.org)
action on the Hydrocarbons, Intergovernmental
Act. Since EPA's
Clean AirHeinOnline
"phase-in period" for the reduced
the
directly
affects
Missouri petition
relations.
Mon
Oct
20
16:21:56
2014
minimum levels of financial
-attainment date proposed by DER for
(42 U.S.C. 7401-7642)
responsibility for 2 years to 3X years.
these areas, EPA is also proposing to
Dated: January 5, 1983.
Section 30 of the MCA sets forth
on
the
at
this
time
take no action
Your
thisin HeinOnline
indicates your acceptance
StanleyPDF
L. Laskowski,
the
these of
areas
for use
attainment--date
minimum levels of financial
ActingConditions
RegionalAdministrator.
has and
As soon as EPA
Pennsylvaniaofplan.
HeinOnline's
Terms
of the license
responsibility which must be maintained
[FR Doc. 83-9397 Filed 4-8-83; 8:45 am]
responded to the petition for
by motor carriers of property. The MCA
agreement
available
BILLING CODE 6560-50-M
lead SIP,at http://heinonline.org/HOL/License
of the Missouri
reconsideration
also gave the Secretary the authority to
it will take appropriate action on the
reduce those levels, by regulation, for up
Pennsylvania lead SIP attainment date
DEPARTMENT OF TRANSPORTATION
to a 2-year "phase-in period" provided
The
search
text
thatofallthis PDF is generated from
areas
(provided
three
for these -the reduced levels would not adversely
Administration
Highway
Federal
have been
other SIP deficiencies
affect public safety and would prevent a
uncorrected
OCR text.
corrected). The decision to defer action
49 CFR Part 387
serious disruption in transportation
on the attainment date will not affect
service.
No.
82MC-94-2;
Notice
Docket
No.
[BMCS
EPA's proposed approval of the
In the final rule implementing the
,12]
Pennsylvania lead SIP for those areas.
provisions of Section 30 of the MCA (48
which, according to the State's
Minimum Levels of Financial
FR 30982, June 11, 1981) as set forth in 49
demonstration, are already attaining the
Responsibility for Motor Carriers of
CFR Part 387, the Secretary exercised
lead standard. Since these areas are
Property-Extension of Reduced
his authority by reducing the minimum
currently attaining the standard, the
Levels
levels to the lowest levels allowed by
attainment date has no practical impact. AGENCY: Federal Highway
the MCA for the full 2-year "phase-in
period." This decision was based on
5. GeneralRequirements
Administration (FHWA), DOT.
comments to the docket (MC-94)
rulemaking.
of
proposed
Notice
ACTION:
Pennsylvania currently has
received during the rulemaking process
regulations which set forth procedures
requests
FHWA
The
as well as on the findings contained in
SUMMARY:
sources
and
modified
of
new
for review
the regulatory evaluation/regulatory
to
its
revision
on
a
proposed
comments
of lead in order to prevent violations of
regulation concerning minimum levels of flexibility analysis prepared on the
the standard in the future.
financial responsibility for motor
subject.
DER has committed to expend the
.carriers of property. The proposed
Further, in a Report .to Congress
resources necesssary to implement this
revision would extend the effective date required by Section 30 of the MCA, the
SIP.
for reduced liability limits from July 1,
Secretary recommended an amendment
A public hearing on the Pennsylvaina
to the MCA which would allow the
Lead SIP was held on September 8, 1982. 1983 to January 1, 1985, as specifically
provided for by Section 406 of the
minimum levels of financial
A summary of the comments was
Surface Transportation Assistance Act
resporisibility established by the
submitted by the.State, with DER's
of 1982. The purpose of this proposed
Secretary-to remain in force.after June
responses to the comments.
revision is to reduce the economic
*30, 1983, and permit the Secretary
EPA has reviewed the elements of
burden on the motor carrier and
*thereafter to initiate rulemaking relative
Pennsylvania's State Implementation
insurance industries for the full "phaseto requiring different levels of financial
Plan for lead, and is today proposing
in period" permitted by law without
responsibility as needs of public safety
approval of this Plan for all areas of the
diminishing protection to the public.
dictate. Such action would have allowed
State except for the areas in the
DATE: Comments must be received on or the Secretary to obtain current, valid,
*immediate vicinity of the three
substantive information. From this,
before May 26, 1983.
secondary lead smelters listed above.

+(,121/,1(

Federal Register / Vol. 48, No. 70 / Monday, April 11, 1983 / Proposed Rules

15500

15500

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 3Y years.
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.the 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

Financial responsibility,minimum

levels.
*

*t

SCHECULE OF LIMITS.-PUBLIC LIABILITY

July 1, 1981

Commodity transported

'Type of carriage
(1) For-hire (in interstate or forelgn commerce).
(2) For-hire and Private (In inter.
state. foreign, or Intrastate
commerce).
(3) For-hire and Private (In interstate or foreign commerce: in
any quantity) or (In intrastate
commerce: in bulk only).
(4) For-hire and Private (n interstate or foreign commerce).

Jan. 1, 1985

Property (nonhazardous) .........................................................................................................................................................................

$500.000

$750,000

Hazardous substances, as defined in 49 CFR 171.8, liquefied compressed gas, or compressed gas transported in cargo
tanks, portable tanks, or hopper-type vehicles with capacities in excess of 3.500 water gallons; or in bulk (any quantity)
Class A or B explosives or poslon gas: or large quantity radioactive materials as defined in 49 CFA 173.389.
Oil listed in 49 CFR 172101; hazardous waste, hazardous materials and hazardous substances defined in 49 CFR 171.8
and listed in 49 CFR 172.101. butnot mentioned in (2)above or (4) below.

1,000.000

5,000,000

500.000

1.000,000

Any quantity of Class A or 8 explosives; any quantity of poison gas; or large quantity radioactive materials as defined in 49
CFR 173.389.

1,000,000

5.000,000

*NOTE.-The type of carnage fisted under numbers (1), (2), and (3)apply 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
387.15
*r

removing the date "July 1, 1983" and

replacing it with the date January 1,

1985." As revised, the table now reads

.
as follows:

Forms.
r

*t

*r

SCHEDULE OF LIMITS.-PUBLIC LIABILITY

*Type of Carriage
(I1)For-hire (In interstate or forsign commerce).
(2) For-hire and Private (In interstate, foreign, or Intrastate
I
commerce).
(3) For-hire and Private (In interstate or foreign commerce. in
any quantity) or (In intrastate
commerce: in bulk only).
(4) For-hire and Private (In Interstate or foreign commerce).

Commodity transported

July 1, 1981

Jan. 1. 1985

Property (nonhazardous) .......................................... ........................................................................................................................

$500.000

750,000

Hazardous substances, as defined in 49 CFR 171.8, liquefied compressed gas, or compressed gas transported in cargo
tanks, portable tanks, or hopper-type vehicles with capacities in excess of 3,500 water gallons; or in bulk (any quantity)
Class A or 8 explosives or poision gas; or large quantity radioactive materials as defined in 49 CFR 173.389.
Oil listed in 49 CFR 172.101; hazardous waste, hazardous materials and hazardous substances defined in 49 CFR 171.8
and listed in49 CFR 172.101, but not mentioned in (2) above or (4) below.

1,000,000

5,000,000

500,000

1,000,000

Any quantity of Class A or B explosives; any quantity of pioson gas; or large quantity radioactive materials as defined in 49
CFR173.389.

1,000o00

5.000.000

-*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.

Federal Register / Vol. 48, No. 70

(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,Bureau of Motor CarrierSafety,
FederalHighwayAdministration.
[FR Doc. 83-9355 Filed 4-8-83; 8:45 am]
BILLING CODE 4910-22-M

/ Monday, April 11, 1983 / Proposed Rules

15501

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

ARMS CONTROL AND DISARMAMENT

AGENCY
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.

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.

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

Data of poating

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,FinancialProtectionBranch, Livestock
MarketingDivision.
[FR Doc. 83-9429 Filed 4-8-83; 8:45 am)
BILLING CODE 3410-02-M

IFR Doc. 83-9385 Filed 4-8-83; 8:45 am]

BILLING CODE 6820-32-M

established as needed from this

Register.

Facility No., name, and location of

stockyard

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.

Name and title

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
Director
Charles Kupperman-Executive Director,
General Advisory Committee

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,
ChiefAdministrativeLaw 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.)