6_28_83 extension to 7-1-84 interim fr

8/9/2019 6_28_83 Extension to 7-1-84 Interim FR

1/3

29698

Federal

Register

Vol.

48, No.

125

Tuesday,

June

28,

1983 Rules

and Regulations

5.

In

order

to

protect

the public

interest,

a right-of-way for a

strip of land

400

feet

wide,

being

200

feet

on each

side

of the centerline

of the

proposed

location of

the Oregon

Basin Feeder

Canal

will

be reserved

for the

Bureau

of

Reclamation,

pursuant

to

43 Stat.

704 (43

U.S.C.

417) and 43

Stat.

134 (43

U.S.C.

154). Said

right-of-way

will reserve to

the

United

States

the right, privilege,

and easement

to

lay out,

construct,

inspect, operate,

and

maintain

a

canal

over

and across

the

lands

described

in

paragraphs

I and 2

of

this

order.

This

right-of-way

will reserve

the right

of

ingress

and egress

to

the said land

for

any

and all

purposes necessary

and

incidental

to

the exercise by

the

United

States,

its

successors,

assigns,

and the

public

of all

the

rights

reserved

by the

right-of-way.

The right-of-way

reserved

will restrict

construction

of

permanent

improvements

inside

the right-of-way.

Interested

parties

should

contact the

Regional

Director,

Bureau

of

Reclamation,

Billings,

Montana,

for

information

pertaining to

the right-of-

way.

Inquiries

concerning

the

lands should

be addressed to

the Chief, Branch

of

Lands and

Minerals

Operations,

Bureau

of Land Management,

P.O.

Box 1828,

Cheyenne,

Wyoming

82001.

Garrey

E.Carruthers,

AssistantSecretary

of

the

n terior

June

16, 1983.

[FR Doc.

83 17285

Filed

6-27-83;

8:45 Am]

BILLING CODE

4310 4 M

DEPARTMENT

OF

TRANSPORTATION

Federal

Highway Administration

49

CFR Part 387

[BMCS Docket No.

MC 94 2;. Amdt. No.

81

11 ]

Minimum

Lfvels

of Financial

Responsibility

for

Motor

Carriers of

Property Extension

of

Reduced

Levels

AGENCY:

Federal

Highway

Administration

(FHWA), DOT.

ACTION:

Interim

final

rule.

SUMMARY:

This emergency regulation

amends

the existing

regulations

concerning

the minimum

levels of

financial

responsibility

for motor

carriers

of property

by

extending

the

effective date

for

reduced

liability

limits

from July

1,

1983 to July 1, 1984.

This

action is

being taken in

an effort

to

maintain

stability

in both

the insurance

and

motor carrier

industries

while

further consideration

is

given to

this

matter.

Three

technical corrections

to

the

rule are

also included

in this

document.

DATE:

This interim

final rule is

effective

July

1.

1983,

and will expire

on

July 1

1984.

FOR FURTHER INFORMATION

CONTACT:

Mr.

Neill L.

Thomas,

Bureau of

Motor

Carrier

Safety,

(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.

SUPPLEMENT RY

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.

96-296,

94

Stat. 820) MCA)

by allowing

the Secretary

to extend

the

phase-in

period

for

the

reduced

minimum

levels

of

financial

responsibility

from

2

years to 31 2

years.

Section

30 of the

MCA sets forth

minimum

levels

of financial

responsibility

which

must

be .maintained

by motor

carriers

of property.

The

MCA

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

(46

FR 30982,

June

11, 1981) as set forth

in

49

CFR

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

which

will

expire on

July 1 1983.

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.

Section

30 of the

MCA mandates

substantially

higher financial

responsibility

levels

to take effect

on

July

1

1983 if the phase-in

period

is

not extended.

In a

notice

of proposed

rulemaking

(NPRM)

issued

on

April

11, 1983 (48 FR

15499), the

FHWA

requested

public

comment on

a proposal to

amend

the

current 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

1982,

A

substantial

amount

of new

data

has

been submitted from both the

commenters

who support

the extension

as

well as from

those

who oppose it.

Due

to

the extreme

time

constraints

on

this rulemaking,

there has not

been

sufficient

time

to

fully

analyze

the new

data prior

to the

July 1 1983

effective

date.

The FHWA

has

determined

that

more time

is needed

for

the review

of

the

issues which revolve around

the

possible

18 month extension

of

the

phase-in

period,

and

that

a 12

month

extension

of

the reduced

levels is

sufficient

time

for

DOT

and other

governmental

offices to

review

the

issues

at hand.

The

FHWA

further

believes,

based

on information

offered

in

the NPRM, that this

12

month

extension

will not

adversely

affect the

public

safety, and

will

prevent a

serious

disruption in

both the insurance

an d

motor carrier

industries.

Further, the

absence

of

a final

rule extending the

phase-in

period

beyond

July

1

1983

may

inflict unnecessary

turmoil

on

both

industries.

For these reasons,

it has

been

determined that

circumstances

warrant

the issuance

of an

emergency regulation

so

as to extend

the-current

phase-in

period

for reduced

levels

of financial

responsibility

until

July

1 1984. This

amendment

does not

alter

the

contractual

language

or meaning

of the

endorsement

form MCS-90)

or the

Surety

Bond

MCS-82), but

only the

Schedule

of

Limits

as

it

appears

in

49

CFR

387.9 and

387.15

on the

endorsement

form.

Therefore, those

endorsement

forms

currently

in force

may remain

in effect.

Technical

Corrections

Also

included in

this document

are

three technical

corrections

to the

regulations

concerning

minimum

levels

of financial

responsibility.

Radioactive

Materials

One correction

concerns

the

definition

of

large

quantity

radioactive

materials

as

used

in

the financial

responsibility

regulations.

In the

promulgation

of

the final rule

implementing

the provisions

of Section

30 (46

FR 30983),

the

FHWA. interpreted

the term large

quantities

as

used in

Section

30 of

the

MCA

to mean

those

amounts currently

defined

in

the

DOT's

Hazardous

Materials

Regulations

as

large quantity radioactive

materials

(49 CFR 173.389).

This decision

wa s

based

on consideration

given

it

in the

Advance

Notice of

Proposed

Rulemaking

(45

FR

57676) published

August

28,

1980.

In

a

final

rule

published

on

March

10,

1983 (48 FR

10218), the

DOT's Research

Citation: 48 Fed. Reg. 29698 1983

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2/3

Federal

Register

/ Vol. 48,

No.

125 / Tuesday, June

28,

1983 Rules and Regulations

and

Special

Programs

Administration

has

revised

the

requirements

of the

Hazardous

Materials Regulations

concerning

radioactive materials

to

make

them

compatable

with the latest

revised international

standards

for

transport

of radioactive

materials

as

promulgated

by the International

Atomic Energy

Agency. The

revision

of

the

definition

does not

constitute

a more

stringent

requirement than

that

of

the

present

regulation.

As

a result

of

the

final

rule,

which

becomes

effective

July

1, 1983,

the term

large quantity

and

the formula

used

to meet that

definition

will

no

longer

be used in

the Hazardous

Materials

Regulations.

The

revised

values and

term

which

will be

used to

govern

the

transportation

of radioactive

materials

is highway

route controlled

quantity

(49 CFR

173.455).

In an effort to

maintain

uniformity

between

its'

regulations and the

Hazardous

Materials

Regulations

the

FHWA

is

making

an

appropriate

conforming change

to

Part

387.

Surety

Bond

Form

(MCS-82)

On

February 7,

1983 the

FHWA

issued

an

emergency

rule

(48 FR

5559)

revising

the

existing minimum

levels of

financial

responsibility

requirements by

implementing

provisions

required by

Section

406 of

the

STAA

of

1982.

One of

the

amendments,

found in

Section

406 of

that

Act,

expanded

the

applicability

of

Part 387 to

include

motor vehicles

having

a gross vehicle

weight

ratings

(GVWR)

of

less than

10,000 pounds

when transporting

certain hazardous

materials.

The emergency

regulation

corrected

the

MCS-90

endorsement

form

to

reflect

the inclusion

of these vehicles.

The

same

correction

was not made to

the

Surety

Bond

(Form

MCS-82)

at

that

time.

This document is correcting

the

language found in the

Surety Bond

to

reflect the inclusion

of certain vehicles

having a GVWR of

10,000 pounds or

less.

In

Bulk

On March 3,

1983 the FHWA

issued a

technical

correction

to

the final rule

(48

FR 9014) implementing

the

revisions

found

in

Section

406 of the

STAA

of

1982. The

technical

correction revised

the

Schedule of Limits

chart to reflect

the

inclusion

of

foreign carriers of

hazardous

materials and

certain

vehicles

having

a

gross

vehicle

weight

rating

of 10,000

pounds

or less. In

an

effort

to

make the revised

Schedule of

Limits

chart as

clear

and concise

as

possible

the

chart

erroneously

reflected

an

oversimplification

of the description

of

in-bulk ,

for

the commodities listed

under

item

#2

in

the Schedule

of

Limits chart.

The language

of Section

30 requires

the transportation of hazardous

substances in

cargo tanks, portable

tanks,

or

hopper-type vehicles with

capacities in

excess

of

3,500

water

gallons to maintain

the highest

levels

of

liability coverage.

The

term in-bulk

for

all other hazardous

materials

has

been

defined

by

the FHWA

as

the

transportation,

as cargo,

of property,

except

Class A and

B

explosives and

poison gases,

in

containment

systems

with capacities

in

excess

of 3,500 water

gallons.

The typje

of containment

system

is

not defined

in the FHWA's

definition. Therefore,

item

#2 of the

Schedule of Limits

is

being changed to

reflect

this distinction.

The

Federal Highway

Administrator

has determined

that this

document

responds

to an emergency situation

an d

for the reasons stated,

it

is

impracticable

for

the agency to follow the procedures

of Executive Order

12291,

the Regulatory

Flexibility

Act,

and

the

regulatory

policies

and procedures of

the

Department of

Transportation.

Therefore,

good

cause exists

for

publication as a final rule without

notice

and

opportunity

for comment an d

without

a

30-day delay in effective

date.

The final regulatory evaluation/

regulatory

flexibility analysis which was

prepared

for

the initial

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.

List of Subjects in 49 CFR Part

387

Hazardous materials transportation,

Insurance, Motor

carriers,

Surety bonds.

PART 387--[AMENDED]

In consideration

of the foregoing, Title

49, Code of Federal Regulations,

Subtitle

B,

Chapter III,

Part

387

is

amended

as

set

forth

below.

1.

The

Schedule

of Limits table in

387.9,

is

revised to read

as follows:

387.9

levels.

Financial responsibilityminimum

a

r *

SCHEDULE

OF MITS

[Public Liability]

Type of carriage

Commodity

transported

July

1,

1981

July

1, 1984

1)For-hire

In

nterstate

or foreign commerce)

Property (non zardous)

r

500.00

750.000

2)

For-hire and

Private In

interstate,

foreign,

or Intra- Hazardous

substances, as

defined in

49 CFR 171.8

transported in

cargo

tanks,

portable

1 000 000

5,000,000

state

commerce).

tanks, or hopper-type

vehicles with capacities

In excess of 3 500

water

gallons; or

in bulk

Class

A

or

8

explosives,

poison gas (Poison

A), liquefied

compressed

gas

or

compressed

gas;

or

highway

route controlled

quantity

radioactive

materials as defined

in

49 CF R

173.455.

3) For-hire

and Private

In interstate

or foreign

com- Oil

listed in

49

CFR

172.101; hazardous

waste, hazardous

materials

and hazardous

500 000

1 000 000

merce: in

any

quantity)

or

In

ntrastate commerce:

in

substances defined

in 49 CFR

171.8

and

listed

in

49

CFR

172.101,

but not

mentioned

in

bulk

only).

2)

above

or 4)

below.

4) For-hire

and Private

In interstate

or

foreign com-

Any

quanity

of Class

A

or B explosives;

any

quantity

of

poison gas (Poison A ;

or highway

1.000,300

5 000 000

merce).

route

controlled quantity

radioactive

materials as

defined in49 CFR

173455.

NOTE.-The

type of carriage listed

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

fisted under

number

4) aplies

to all vehicles

with

a

gross vehicle

weight rating of less than 10 000 pounds.

2.

The Schedule

of Limits

table in

Illustration I of

387.15

is revised

to read

as

follows:

387.15

Forms.

9699


3/3

Federal Register / Vol.

48, No.

125 /

Tuesday, June 28, 1983 / Rules and

Regulations

SCHEDULE

OF LIMITS

[Public Liability]

Type

of carriage Commodity

transported July 1

1981

July 1 1984

For-hIre In nterstate or foreign commerce) .................... Property

(nonhazardous)

500.000 750.00

For-hire

and Private In Interstate, foreign,

or intra- Hazardous

substances, as defined In 49 CFA 171.8, transported

in cargo

tanks,

portable 1,000,000 5.000,000

state

commerce),

tanks, or

hopper-type

vehicles

with

capacities

in

excess of 3,500 water gallons; or In bulk

Class A

or

B

explosives, poison gas

(Poison

A , liquefied

compressed

gas

or

compressed

gas:

or highway

route

controlled quantity radioactive materials as defined

in

49

CFA

173.455.

For-hire

and

Private

In interstate

or foreign corn-

Oil lIsted

in

49

CFR 172.101:

hazardous-

waste,

hazardous

materials and hazardous 500.000 1,000.000

merce:

in any

quantity)

or*(In Intrastate

commerce:

in substances

defined

in 49

CFR

171.8 and listed In 49 CFR

172.101.

but

not

mentioned

In

bulk only).

2)

above

or 4) elow.

For-hire and Private In interstate or

foreign com- Any quantity of Class Aor S explosives; any quantity of poison.

gas (Poison A ;

or

highway

1,000,000 5,000,000

merce).

route

controlled quantity

radioactive materials

as

defined

In

49 CFR 173.455..

NOTE.-The

type of carriage listed under numbers

(1), 2), and (3)appy to vehicles with a gross

vehicle

weight rating

of 10,000

pounds

or more. The type

of

carriage

listed

under number

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.

3,

The

Surety

Bond form

in

II

of

387.15 is

revised to

as

follows:

387.15 Forms.

II

MCS-82

(4/83)

Approved OMB

No.

2125-0075

CARRIER PUBLIC LIABILITY

SURETY

BOND

UNDER SECTIONS

29 AND 30 OF

THE

MOTOR CARRIER ACT

OF

1980

Surety

company

Parties

and princpa

place

of

business

address

Motor carrier

prncipal, ICC

Docket

No. and

principal place of

business

Purpose.-This

s

an

agreement between

Surety

and

the

Principal

under

which

the

its

successors and assigness,

agree

to

responsible for the

payment of any final

judgments against

the

Principal

public liability,

property

damage, an d

restoration

liability

claims

in

sums prescribedherein;

subject to the

provisions and the

following

overning

provisions,- 1)

Sections

29 and

of

the

Motor Carrier Act of 1980

(49

U.S.C.

note).

2)Rules and

regulations of the Federal

Administration s

Bureau of

Motor

(Bureau).

(3) Rules and

regulations of

the Interstate

(ICC).

Conditions.-The

Principal is

or intends to

a

motor

carrier

of property subject to

governing

provisions relating

financial

responsibility

for the

protection

This

bond assures

compliance

by

the

with the applicable governing

and

shall

inure to the benefit

of

person or persons

who

shall

recover a

against

the

for public

liability, property

restoration

(excluding

injury to

or

death

the

Principal s employees while engaged

in

of their

employment, and

loss of or

to

property of the principal, and the

cargo

transported

by

the Principal).

If every

final judgment shall be paid for such claims

resulting from the

negligent operation,

maintenance, or

use

of motor vehicles in

transportation subject to the

applicable

governing

provisions,

then this obligation

shall be

void, otherwise

it

will remain in full

effect.

Within

the limits described herein, the

Surety

extends

to

such

losses regardless

of

whether

such motor vehicles

are specifically

described

herein

and whether occurring on

the

route or in

the

territory authorized to be

served by

the Principal

or elsewhere.

The liability of

the

Surety

on

each

motor

vehicle subject to the financial

responsibility

requirements of

Section's

29 and 30

of the

Motor Carrier Act of

1980

for

each

accident

shall not

exceed

- , and shall

be a

continuing

one notwithstanding

any recovery

hereunder.

The

surety

agrees, upon

telephone request

by

an

authorized representative of the Bureau

or

the ICC, to

verify

that

the

surety bond is in

force

as

of

a particular date.

The

telephone

number

to call

Is:-.

This

bond

is effective from

-

(12:01

a.m.,

standard time, at the

address

of the

Principal as stated herein)

and shall

countine

in force until terminated as

described

herein.

The principal or the Surety

may at

any

time

terminate this

bond by giving (1) thirty five

(35) days notice in writing to the other

party

(said 35 day

notice to commence from the

date the notice is mailed,

proof of mailing

shall

be sufficient

proof

of notice),

and (2)

if

the Prinbipal is subject to the

ICC's

jurisdiction,

by

providing

thirty

(30)

days

notice

to the ICC (said 30 days notice

to

commence

from

the date notice

is received

by

the ICC at its

office in Washington, D.C.). The

Surety shall

not be liable for the

payment of

any

judgment or

judgments against the

Principal

for

public

liability, property

damage, or

environmental restoration

claims

resulting from

accidents

which

occur after the

termination of this

bond

as

described herein,

but such termination shall not

affect the

liability

of

the Surety for

the payment

of

any

such

judgment or judgments resulting from

accidents which occur during the

time

the

bond is

in

effect.

(AFFIX

CORPORATE

SEAL)

Date

State

By

-

Acknowledgement of Surety

tate

County of

On

this day of

-

19-,

before

me

personally

came , who,

being by me duly sworn,

did depose

and say

that he resides

in that

he

is

the

-

of

the

,

the

corporation

described

in

and which executed

the

foregoing instrument:

that

he knows the seal

of

said

corporation, that

the

seal affixed to

said

Instrument

is such

corporate

seal, that

it

was so affixed

by

rder

of the

board

of

directors

of

said

corporation,

that he signed

his name

thereto by like order, and he

duly

acknowledged to me that he executed

the

same for and on behalf of said corporation.

(OFFICIAL

SEAL)

Title

of official administering oath

Surety

Company File No.

(Section 406, Pub. L.97-424,

96 Stat. 2158; 49

CFR

1.48

and

301.60)

(Catalog

of Federal Domestic

Assistance

Program Number

20.217

Motor Carrier Safety)

Issued

on:

June 23,

1983.

William

R. Fiste,

Deputy Director, ureauof

Motor Carrier

Safety, FederalHighwayAdministration.

F R

Doc. 83 17404 Filed 8-24-83:

9:15

m

BILLING

CODE 4910-22-

INTERSTATE COMMERCE

COMMISSION

49 CFR Part 1033

[ iftieth

Revised

Service

Order No. 14731

Various Railroads Authorized To Use

Tracks and or Facilities

of

the

Chicago,

Rock Island Pacific

Railroad Co.,

Debtor (William

M.

Gibbons, Trustee)

AGENCY: Interstate Commerce

Commission.

ACTION:

Fiftieth Revised Service Order

No. 1473.

SUMMARY: Pursuant

to Section 122

of

the

Rock

Island Transition and

Employee

6_28_83 extension to 7-1-84 interim fr

Documents