Rules of Practice for Motor Carrier, Broker, Freight Forwarder, and Hazardous Materials Proceedings, 55100 [07-55515]
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Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Rules and Regulations
⁄ inch ceramic sheathed, type K, grounded
thermocouples with a nominal 30 American
wire gage (AWG) size conductor. The seven
thermocouples must be attached to a steel
angle bracket to form a thermocouple rake for
placement in the test stand during burner
calibration.
(5) Apparatus Arrangement. The test
burner must be mounted on a suitable stand
to position the exit of the burner cone a
distance of 8 inches from the ceiling liner
panel and 2 inches from the sidewall liner
panel. The burner stand should have the
capability of allowing the burner to be swung
away from the test specimen during warm-up
periods.
(6) Instrumentation. A recording
potentiometer or other suitable instrument
with an appropriate range must be used to
measure and record the outputs of the
calorimeter and the thermocouples.
(7) Timing Device. A stopwatch or other
device must be used to measure the time of
flame application and the time of flame
penetration, if it occurs.
(e) Preparation of Apparatus. Before
calibration, all equipment must be turned on
and allowed to stabilize, and the burner fuel
flow must be adjusted as specified in
paragraph (d)(2).
(f) Calibration. To ensure the proper
thermal output of the burner the following
test must be made:
(1) Remove the burner extension from the
end of the draft tube. Turn on the blower
portion of the burner without turning the fuel
or igniters on. Measure the air velocity using
a hot wire anemometer in the center of the
draft tube across the face of the opening.
Adjust the damper such that the air velocity
is in the range of 1550 to 1800 ft./min. If tabs
are being used at the exit of the draft tube,
they must be removed prior to this
measurement. Reinstall the draft tube
extension cone.
(2) Place the calorimeter on the test stand
as shown in Figure 2 at a distance of 8 inches
(203 mm) from the exit of the burner cone to
simulate the position of the horizontal test
specimen.
(3) Turn on the burner, allow it to run for
2 minutes for warm-up, and adjust the
damper to produce a calorimeter reading of
8.0 ±0.5 BTU per ft.2 sec. (9.1 ±0.6 Watts/
cm2).
(4) Replace the calorimeter with the
thermocouple rake.
(5) Turn on the burner and ensure that
each of the seven thermocouples reads 1700
°F. ±100 °F. (927 °C. ±38 °C.) to ensure steady
state conditions have been achieved. If the
temperature is out of this range, repeat steps
2 through 5 until proper readings are
obtained.
(6) Turn off the burner and remove the
thermocouple rake.
(7) Repeat (1) to ensure that the burner is
in the correct range.
(g) Test Procedure. (1) Mount a
thermocouple of the same type as that used
for calibration at a distance of 4 inches (102
mm) above the horizontal (ceiling) test
specimen. The thermocouple should be
centered over the burner cone.
(2) Mount the test specimen on the test
stand shown in Figure 1 in either the
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horizontal or vertical position. Mount the
insulating material in the other position.
(3) Position the burner so that flames will
not impinge on the specimen, turn the burner
on, and allow it to run for 2 minutes. Rotate
the burner to apply the flame to the specimen
and simultaneously start the timing device.
(4) Expose the test specimen to the flame
for 5 minutes and then turn off the burner.
The test may be terminated earlier if flame
penetration is observed.
(5) When testing ceiling liner panels,
record the peak temperature measured 4
inches above the sample.
(6) Record the time at which flame
penetration occurs if applicable.
(h) Test Report. The test report must
include the following:
(1) A complete description of the materials
tested including type, manufacturer,
thickness, and other appropriate data.
(2) Observations of the behavior of the test
specimens during flame exposure such as
delamination, resin ignition, smoke, etc.,
including the time of such occurrence.
(3) The time at which flame penetration
occurs, if applicable, for each of the three
specimens tested.
Issued in Washington, DC, on September
17, 2007 under authority delegated in 49 CFR
part 1.
Krista Edwards,
Acting Administrator.
[FR Doc. E7–19207 Filed 9–27–07; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 386
Rules of Practice for Motor Carrier,
Broker, Freight Forwarder, and
Hazardous Materials Proceedings
CFR Correction
In Title 49 of the Code of Federal
Regulations, Parts 300 to 399, revised as
of October 1, 2006, on page 276, in
Appendix A to Part 386, reinstate
Section IV to read as follows:
Appendix A to Part 386—Penalty
Schedule; Violations of Notices and
Orders
*
*
*
*
*
IV. Out-of-Service Order
a. Violation—Operation of a commercial
vehicle by a driver during the period the
driver was placed out of service.
Penalty—Up to $2,100 per violation.
(For purposes of this violation, the term
’’driver‘‘ means an operator of a commercial
motor vehicle, including an independent
contractor who, while in the course of
operating a commercial motor vehicle, is
employed or used by another person.)
b. Violation—Requiring or permitting a
driver to operate a commercial vehicle during
PO 00000
Frm 00090
Fmt 4700
Sfmt 4700
the period the driver was placed out of
service.
Penalty—Up to $16,000 per violation.
(This violation applies to motor carriers,
including an independent contractor who is
not a ‘‘driver,’’ as defined under paragraph
IVa above.)
c. Violation—Operation of a commercial
motor vehicle by a driver after the vehicle
was placed out of service and before the
required repairs are made.
Penalty—$2,100 each time the vehicle is so
operated.
(This violation applies to drivers as defined
in IVa above.)
d. Violation—Requiring or permitting the
operation of a commercial motor vehicle
placed out of service before the required
repairs are made.
Penalty—Up to $16,000 each time the
vehicle is so operated after notice of the
defect is received.
(This violation applies to motor carriers,
including an independent owner-operator
who is not a ‘‘driver,’’ as defined in IVa
above.)
e. Violation—Failure to return written
certification of correction as required by the
out-of-service order.
Penalty—Up to $650 per violation.
f. Violation—Knowingly falsifies written
certification of correction required by the
out-of-service order.
Penalty—Considered the same as the
violations described in paragraphs IVc and
IVd above, and subject to the same penalties.
Note: Falsification of certification may also
result in criminal prosecution under 18
U.S.C. 1001.
g. Violation—Operating in violation of an
order issued under § 386.72(b) to cease all or
part of the employer’s commercial motor
vehicle operations, i.e., failure to cease
operations as ordered.
Penalty—Up to $16,000 per day the
operation continues after the effective date
and time of the order to cease.
h. Violation—Conducting operations
during a period of suspension under
§§ 386.83 or 386.84 for failure to pay
penalties.
Penalty—Up to $11,000 for each day that
operations are conducted during the
suspension period.
[FR Doc. 07–55515 Filed 9–27–07; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 386
RIN 2126–AB12
Civil Penalties Adjustments
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This final rule specifies
inflation adjustments to civil penalties
E:\FR\FM\28SER1.SGM
28SER1
]]>Agencies
[Federal Register Volume 72, Number 188 (Friday, September 28, 2007)]
[Rules and Regulations]
[Page 55100]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-55515]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 386
Rules of Practice for Motor Carrier, Broker, Freight Forwarder,
and Hazardous Materials Proceedings
CFR Correction
In Title 49 of the Code of Federal Regulations, Parts 300 to 399,
revised as of October 1, 2006, on page 276, in Appendix A to Part 386,
reinstate Section IV to read as follows:
Appendix A to Part 386--Penalty Schedule; Violations of Notices and
Orders
* * * * *
IV. Out-of-Service Order
a. Violation--Operation of a commercial vehicle by a driver
during the period the driver was placed out of service.
Penalty--Up to $2,100 per violation.
(For purposes of this violation, the term ''driver`` means an
operator of a commercial motor vehicle, including an independent
contractor who, while in the course of operating a commercial motor
vehicle, is employed or used by another person.)
b. Violation--Requiring or permitting a driver to operate a
commercial vehicle during the period the driver was placed out of
service.
Penalty--Up to $16,000 per violation.
(This violation applies to motor carriers, including an independent
contractor who is not a ``driver,'' as defined under paragraph IVa
above.)
c. Violation--Operation of a commercial motor vehicle by a
driver after the vehicle was placed out of service and before the
required repairs are made.
Penalty--$2,100 each time the vehicle is so operated.
(This violation applies to drivers as defined in IVa above.)
d. Violation--Requiring or permitting the operation of a
commercial motor vehicle placed out of service before the required
repairs are made.
Penalty--Up to $16,000 each time the vehicle is so operated
after notice of the defect is received.
(This violation applies to motor carriers, including an independent
owner-operator who is not a ``driver,'' as defined in IVa above.)
e. Violation--Failure to return written certification of
correction as required by the out-of-service order.
Penalty--Up to $650 per violation.
f. Violation--Knowingly falsifies written certification of
correction required by the out-of-service order.
Penalty--Considered the same as the violations described in
paragraphs IVc and IVd above, and subject to the same penalties.
Note: Falsification of certification may also result in criminal
prosecution under 18 U.S.C. 1001.
g. Violation--Operating in violation of an order issued under
Sec. 386.72(b) to cease all or part of the employer's commercial
motor vehicle operations, i.e., failure to cease operations as
ordered.
Penalty--Up to $16,000 per day the operation continues after the
effective date and time of the order to cease.
h. Violation--Conducting operations during a period of
suspension under Sec. Sec. 386.83 or 386.84 for failure to pay
penalties.
Penalty--Up to $11,000 for each day that operations are
conducted during the suspension period.
[FR Doc. 07-55515 Filed 9-27-07; 8:45 am]
BILLING CODE 1505-01-D
