Requirements for Intermodal Equipment Providers and Motor Carriers and Drivers Operating Intermodal Equipment; Reopening of Comment Period, 18615-18616 [07-1865]
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Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Proposed Rules
Issued this 4th day of April, 2007, at
Washington, DC.
Rosalind A. Knapp,
Acting General Counsel.
[FR Doc. E7–6941 Filed 4–12–07; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 385, 386, 390, 392, 393,
396, and Appendix G to Subchapter B
of Chapter III
[Docket No. FMCSA–2005–23315]
RIN 2126–AA86
Requirements for Intermodal
Equipment Providers and Motor
Carriers and Drivers Operating
Intermodal Equipment; Reopening of
Comment Period
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of public listening
sessions; reopening of comment period.
cprice-sewell on PRODPC61 with PROPOSALS
AGENCY:
SUMMARY: The Federal Motor Carrier
Safety Administration (FMCSA) is
reopening until May 21, 2007, the
comment period on its December 21,
2006 notice of proposed rulemaking
(NPRM) concerning inspection, repair
and maintenance responsibilities for
intermodal equipment providers and
motor carriers operating container
chassis. The FMCSA is also announcing
a series of public listening sessions to
obtain additional feedback on the
Agency’s NPRM from motor carriers,
representatives of the intermodal
transportation industry, and interested
parties. The listening sessions are
intended to provide all interested
parties an opportunity to respond to the
issues associated with this rulemaking.
All oral comments will be transcribed
and placed in the public docket
identified at the beginning of this
notice.
DATES: Your comments must be
submitted to the docket on or before
May 21, 2007.
Dates for the public listening sessions:
April 27, 2007, from 10 a.m. to 4:30
p.m., in Norfolk, VA; May 3, 2007, from
9:30 a,m. to 4:30 p.m., in Port Newark,
NJ; and May 18, 2007, from 9:30 a.m. to
4:30 p.m., in Long Beach, CA.
ADDRESSES: The April 27, 2007 meeting
will be held at the Kirn Memorial
Library, 301 East City Hall Avenue,
Norfolk, Virginia. The May 3, 2007
meeting will be held at The Seamen’s
Church Institute, SCI’s Seafarers’
VerDate Aug<31>2005
14:53 Apr 12, 2007
Jkt 211001
Center, 118 Export Street, Port Newark,
New Jersey. The May 18, 2007 meeting
will be held at the Holiday Inn Long
Beach Airport, 2640 Lakewood
Boulevard, Long Beach, California.
FOR FURTHER INFORMATION CONTACT: Ms
Deborah M. Freund, Senior
Transportation Specialist, Vehicle and
Roadside Operations Division, FMCSA,
400 Seventh Street, SW., Washington,
DC 20590. Telephone (202) 366–4009 or
e-mail deborah.freund@dot.gov. Office
hours are from 8 a.m. to 4:30 p.m., e.t.,
Monday through Friday, except Federal
holidays.
If you wish to make a formal
presentation, please contact Ms.
Deborah Freund no later than 5 p.m.,
e.t., 2 business days before the date of
the session you will attend. Information
on Services for Individuals with
Disabilities: For information on facilities
or services for individuals with
disabilities or to request special
assistance at the meeting, please e-mail
or telephone Deborah Freund. To
request special assistance for one or
more of the Listening Sessions, contact
Ms. Freund no later than 5 business
days before the date of the session.
You may also submit comments to the
DOT Docket Management System
(DMS), referencing Docket Number
FMCSA–2005–23315, using any of the
following methods:
• Web Site: https://dms.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
• Fax: 1–202–493–2251. Mail: Docket
Management Facility; U.S. Department
of Transportation, 400 Seventh Street,
SW., Nassif Building, Room PL–401,
Washington, DC 20590–0001.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal
holidays.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
Instructions: All submissions must
include the Agency name and docket
number or Regulatory Identification
Number (RIN 2126–AA86) for this
rulemaking. Note that all comments
received will be posted without change
to https://dms.dot.gov including any
personal information provided. For
additional information on submitting
comments, see the Supplemental
Information section of this document.
Docket: For access to the docket to
read background documents or
comments received, go to https://
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
18615
dms.dot.gov at any time or to Room PL–
401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5
p.m., e.t., Monday through Friday,
except Federal holidays.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://dms.dot.gov.
SUPPLEMENTARY INFORMATION:
Background
On December 21, 2006 (71 FR 76796),
FMCSA published an NPRM to amend
the Federal Motor Carrier Safety
Regulations (FMCSRs) to address the
safety of intermodal equipment (IME)
used by motor carriers for transportation
of intermodal containers in interstate
commerce. As mandated by section
4118 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA–LU), this
rulemaking would require intermodal
equipment providers (IEPs) to register
and file with FMCSA an Intermodal
Equipment Provider Identification
Report (Form MCS 150C); display the
USDOT Number, or other unique
identifier, on each intermodal container
chassis offered for transportation in
interstate commerce; establish a
systematic inspection, repair, and
maintenance program to ensure the safe
operating condition of each intermodal
container chassis; maintain
documentation of the program; and
provide a means to effectively respond
to driver and motor carrier reports about
intermodal container chassis
mechanical defects and deficiencies.
The proposed regulations would for
the first time make IEPs subject to the
Federal Motor Carrier Safety
Regulations (FMCSRs). The agency is
also proposing additional inspection
requirements for motor carriers and
drivers operating intermodal equipment.
The intent of this rulemaking is to
ensure that intermodal equipment used
to transport intermodal containers is
safe and systematically maintained.
Improved maintenance is expected to
result in fewer out-of-service orders and
highway breakdowns involving
intermodal chassis and improved
efficiency of the Nation’s intermodal
transportation system. To whatever
extent inadequately maintained
intermodal chassis are responsible for,
E:\FR\FM\13APP1.SGM
13APP1
18616
Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Proposed Rules
or contribute to, crashes, this proposal
would also help to ensure that
commercial motor vehicle (CMV)
operations are safer.
Purpose of the Listening Session
The FMCSA is committed to
providing all interested parties an
opportunity to discuss their
perspectives on the pertinent issues that
could affect any potential rulemaking
changes. The Agency has received
numerous comments in response to its
NPRM but believes additional
information could be obtained through
these listening sessions.
Participants at the listening sessions
will be given the opportunity to submit
questions that they would like to hear
discussed by others in attendance.
FMCSA encourages persons who have
prepared statements to submit them to
the public docket rather than use time
at a listening session to read them
aloud. Persons who wish to submit
written comments or statements should
submit the information to the public
docket identified in this notice. Those
who desire notification of receipt of
their comments must include a selfaddressed, stamped envelope or
postcard. Comments made during the
meeting will be transcribed to preserve
an accurate record of the discussion.
Issued on: April 10, 2007.
Larry W. Minor,
Acting Associate Administrator, Policy and
Program Development.
[FR Doc. 07–1865 Filed 4–11–07; 12:48 pm]
BILLING CODE 4910–EX–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 223 and 224
[Docket No. 070402074–7074–01; I.D. No.
032207B]
Endangered and Threatened Wildlife
and Plants: 90–Day Finding for a
Petition to List Black Abalone as
Threatened or Endangered under the
Endangered Species Act
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; petition finding;
request for information.
cprice-sewell on PRODPC61 with PROPOSALS
AGENCY:
SUMMARY: We, the NMFS, have received
a petition to list the black abalone
(Haliotis cracherodii) as a threatened or
endangered species and to designate
VerDate Aug<31>2005
15:23 Apr 12, 2007
Jkt 211001
critical habitat under the Endangered
Species Act (ESA). We find that the
petition presents substantial scientific
information indicating that the
petitioned action may be warranted.
This finding normally initiates a formal
status review, but as described below in
the Background section (see
SUPPLEMENTARY INFORMATION), in this
case, we had already initiated a formal
status review on October 17, 2006. To
ensure that the review is
comprehensive, we are soliciting
information pertaining to this species,
any potential critical habitat, and
recommendations of qualified
individuals to peer review the agency’s
black abalone status review report.
DATES: Information and comments on
this action must be received by June 12,
2007.
ADDRESSES: You may submit
information and/or comments by any of
the following methods:
• E-Mail:
BlackAbalone.Comments@noaa.gov
• Mail: Submit written comments to
Chief, Protected Resources Division,
Southwest Region, National Marine
Fisheries Service, 501 West Ocean
Blvd., Suite 4200, Long Beach, CA,
90802–4213.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
An electronic version of the petition
can be obtained via the Internet at:
https://www.nmfs.noaa.gov or by
submitting a request to the Assistant
Regional Administrator, Protected
Resources Division, Southwest Region,
NMFS, 501 West Ocean Blvd., Suite
4200, Long Beach, CA 90802–4213.
FOR FURTHER INFORMATION CONTACT:
Melissa Neuman, NMFS, Southwest
Region (562) 980–4115 or Lisa Manning,
NMFS, Office of Protected Resources
(301) 713–1401.
SUPPLEMENTARY INFORMATION:
Background
Black abalone was added to NMFS’
Candidate Species list on June 23, 1999
(64 FR 33466), transferred to NMFS’
Species of Concern list on April 15,
2004 (69 FR 19975), and has since been
considered for listing on the List of
Endangered and Threatened Species
under the ESA. The species is currently
listed on the International Union for the
Conservation of Nature and Natural
Resources (IUCN) Red List of
Threatened Species (Smith et al. 2003).
We initiated an informal ESA status
review of black abalone on July 15,
2003, and conducted biological scoping
workshops on January 29–30, 2004 and
July 31–August 1, 2006. We formally
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
announced initiation of a black abalone
status review on October 17, 2006 (71
FR 61021), and at that time solicited
information from the public on the
following topics: (1) long-term trends in
abundance throughout the species’
range; (2) potential factors for the
species’ decline throughout its range
(e.g., overharvesting, natural predation,
disease, habitat loss etc.); (3) status of
the black abalone fishery in Mexico; (4)
implication of low population size for
black abalone conservation; (5) factors
important for black abalone
management; (6) current estimate of
population size and available habitat;
(7) knowledge of various life history
parameters (size/age at maturity,
fecundity, length of larval stage, larval
dispersal dynamics, etc.); and (8)
projections on population growth or
decline and risk of extinction. On
December 27, 2006, we received a
petition from the Center for Biological
Diversity (CBD) requesting that we list
black abalone as either an endangered or
threatened species under the ESA and
designate critical habitat for the species
concurrently with any listing
determination.
Section 4(b)(3)(A) of the ESA (16
U.S.C. 1531 et seq.) requires that we
make a finding as to whether a petition
to list, delist, or reclassify a species
presents substantial scientific or
commercial information to indicate that
the petitioned action may be warranted.
Our joint NMFS/U.S. Fish and Wildlife
Service ESA implementing regulations
(50 CFR 424.14) define ‘‘substantial
information’’ as the amount of
information that would lead a
reasonable person to believe that the
measure proposed in the petition may
be warranted. In determining whether
substantial information exists for a
petition to list a species, we consider
several factors, including information
submitted with and referenced in the
petition and all other information
readily available in our files. To the
maximum extent practicable, this
finding is to be made within 90 days of
the receipt of the petition, and the
finding is to be published promptly in
the Federal Register. If we find that a
petition presents substantial
information indicating that the
requested action may be warranted,
section 4(b)(3)(B) of the ESA requires
the Secretary of Commerce (Secretary)
to conduct a status review of the species
and make a finding as to whether the
petitioned action is warranted within 1
year of the receipt of the petition.
E:\FR\FM\13APP1.SGM
13APP1
]]>Agencies
[Federal Register Volume 72, Number 71 (Friday, April 13, 2007)]
[Proposed Rules]
[Pages 18615-18616]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1865]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 385, 386, 390, 392, 393, 396, and Appendix G to
Subchapter B of Chapter III
[Docket No. FMCSA-2005-23315]
RIN 2126-AA86
Requirements for Intermodal Equipment Providers and Motor
Carriers and Drivers Operating Intermodal Equipment; Reopening of
Comment Period
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of public listening sessions; reopening of comment
period.
-----------------------------------------------------------------------
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) is
reopening until May 21, 2007, the comment period on its December 21,
2006 notice of proposed rulemaking (NPRM) concerning inspection, repair
and maintenance responsibilities for intermodal equipment providers and
motor carriers operating container chassis. The FMCSA is also
announcing a series of public listening sessions to obtain additional
feedback on the Agency's NPRM from motor carriers, representatives of
the intermodal transportation industry, and interested parties. The
listening sessions are intended to provide all interested parties an
opportunity to respond to the issues associated with this rulemaking.
All oral comments will be transcribed and placed in the public docket
identified at the beginning of this notice.
DATES: Your comments must be submitted to the docket on or before May
21, 2007.
Dates for the public listening sessions: April 27, 2007, from 10
a.m. to 4:30 p.m., in Norfolk, VA; May 3, 2007, from 9:30 a,m. to 4:30
p.m., in Port Newark, NJ; and May 18, 2007, from 9:30 a.m. to 4:30
p.m., in Long Beach, CA.
ADDRESSES: The April 27, 2007 meeting will be held at the Kirn Memorial
Library, 301 East City Hall Avenue, Norfolk, Virginia. The May 3, 2007
meeting will be held at The Seamen's Church Institute, SCI's Seafarers'
Center, 118 Export Street, Port Newark, New Jersey. The May 18, 2007
meeting will be held at the Holiday Inn Long Beach Airport, 2640
Lakewood Boulevard, Long Beach, California.
FOR FURTHER INFORMATION CONTACT: Ms Deborah M. Freund, Senior
Transportation Specialist, Vehicle and Roadside Operations Division,
FMCSA, 400 Seventh Street, SW., Washington, DC 20590. Telephone (202)
366-4009 or e-mail deborah.freund@dot.gov. Office hours are from 8 a.m.
to 4:30 p.m., e.t., Monday through Friday, except Federal holidays.
If you wish to make a formal presentation, please contact Ms.
Deborah Freund no later than 5 p.m., e.t., 2 business days before the
date of the session you will attend. Information on Services for
Individuals with Disabilities: For information on facilities or
services for individuals with disabilities or to request special
assistance at the meeting, please e-mail or telephone Deborah Freund.
To request special assistance for one or more of the Listening
Sessions, contact Ms. Freund no later than 5 business days before the
date of the session.
You may also submit comments to the DOT Docket Management System
(DMS), referencing Docket Number FMCSA-2005-23315, using any of the
following methods:
Web Site: https://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251. Mail: Docket Management Facility;
U.S. Department of Transportation, 400 Seventh Street, SW., Nassif
Building, Room PL-401, Washington, DC 20590-0001.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting
comments.
Instructions: All submissions must include the Agency name and
docket number or Regulatory Identification Number (RIN 2126-AA86) for
this rulemaking. Note that all comments received will be posted without
change to https://dms.dot.gov including any personal information
provided. For additional information on submitting comments, see the
Supplemental Information section of this document.
Docket: For access to the docket to read background documents or
comments received, go to https://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
https://dms.dot.gov.
SUPPLEMENTARY INFORMATION:
Background
On December 21, 2006 (71 FR 76796), FMCSA published an NPRM to
amend the Federal Motor Carrier Safety Regulations (FMCSRs) to address
the safety of intermodal equipment (IME) used by motor carriers for
transportation of intermodal containers in interstate commerce. As
mandated by section 4118 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU), this
rulemaking would require intermodal equipment providers (IEPs) to
register and file with FMCSA an Intermodal Equipment Provider
Identification Report (Form MCS 150C); display the USDOT Number, or
other unique identifier, on each intermodal container chassis offered
for transportation in interstate commerce; establish a systematic
inspection, repair, and maintenance program to ensure the safe
operating condition of each intermodal container chassis; maintain
documentation of the program; and provide a means to effectively
respond to driver and motor carrier reports about intermodal container
chassis mechanical defects and deficiencies.
The proposed regulations would for the first time make IEPs subject
to the Federal Motor Carrier Safety Regulations (FMCSRs). The agency is
also proposing additional inspection requirements for motor carriers
and drivers operating intermodal equipment. The intent of this
rulemaking is to ensure that intermodal equipment used to transport
intermodal containers is safe and systematically maintained. Improved
maintenance is expected to result in fewer out-of-service orders and
highway breakdowns involving intermodal chassis and improved efficiency
of the Nation's intermodal transportation system. To whatever extent
inadequately maintained intermodal chassis are responsible for,
[[Page 18616]]
or contribute to, crashes, this proposal would also help to ensure that
commercial motor vehicle (CMV) operations are safer.
Purpose of the Listening Session
The FMCSA is committed to providing all interested parties an
opportunity to discuss their perspectives on the pertinent issues that
could affect any potential rulemaking changes. The Agency has received
numerous comments in response to its NPRM but believes additional
information could be obtained through these listening sessions.
Participants at the listening sessions will be given the
opportunity to submit questions that they would like to hear discussed
by others in attendance. FMCSA encourages persons who have prepared
statements to submit them to the public docket rather than use time at
a listening session to read them aloud. Persons who wish to submit
written comments or statements should submit the information to the
public docket identified in this notice. Those who desire notification
of receipt of their comments must include a self-addressed, stamped
envelope or postcard. Comments made during the meeting will be
transcribed to preserve an accurate record of the discussion.
Issued on: April 10, 2007.
Larry W. Minor,
Acting Associate Administrator, Policy and Program Development.
[FR Doc. 07-1865 Filed 4-11-07; 12:48 pm]
BILLING CODE 4910-EX-P
