Post on 01-Jun-2018
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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8/9/2019 6_28_83 Extension to 7-1-84 Interim FR
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
8/9/2019 6_28_83 Extension to 7-1-84 Interim FR
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