Creation of a Low Power Radio Service, 9954-9955 [E8-3533]
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9954
§ 401.31
Federal Register / Vol. 73, No. 37 / Monday, February 25, 2008 / Rules and Regulations
Meeting and passing.
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(c) Except as instructed by the traffic
controller, no vessel shall overtake and
pass or attempt to overtake and pass
another vessel—
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7. Section 401. 34 is revised to read
as follows:
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§ 401.49
bank.
Except in an emergency, no vessel
shall drop anchor in any canal or tie-up
to any canal bank unless authorized to
do so by the traffic controller.
13. In § 401.50, the introductory text
is revised to read as follows:
I
§ 401.50
§ 401.34
Vessels in tow.
No vessel that is not self-propelled
(including but not limited to tug/tows
and/or deadship/tows) shall be
underway in any Seaway waters unless
it is securely tied to an adequate tug or
tugs, in accordance with special
instructions given by the Manager or the
Corporation pursuant to § 401.33. Every
vessel in tow has to be inspected prior
to every transit unless it has a valid
Seaway Inspection Certificate. The
owner/master shall give a 24-hour
notice of arrival when an inspection is
requested.
8. Section 401.36 is revised to read as
follows:
I
§ 401.36
Order of passing through.
Anchorage areas.
Except in an emergency, or unless
authorized to do so by the traffic
controller, no vessel shall drop anchor
in any part of the Seaway except in the
following designated anchorage areas:
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14. In § 401.51, paragraph (a) is
revised to read as follows:
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§ 401.51
Signaling approach to a bridge.
(a) Unless a vessel’s approach has
been recognized by a flashing signal, the
master shall signal the vessel’s presence
to the bridge operator by VHF radio
when it comes abreast of any of the
bridge whistle signs.
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Vessels shall advance to a lock in the
order instructed by the traffic controller.
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9. In § 401.37, paragraph (a) is revised
to read as follows:
§ 401.58
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§ 401.37
Mooring at tie-up walls.
(a) Upon arrival at a lock, a vessel
awaiting instructions to advance shall
moor at the tie-up wall, close up to the
designated limit or approach sign or to
the ship preceding it, whichever is
specified by the traffic controller or an
officer.
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10. In § 401.40, paragraph (b) is
revised to read as follows:
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§ 401.40
lock.
Entering, exiting or position in
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(b) On being cast off in a lock, no
vessel shall be allowed to fall back in
such a manner that the stern passes the
stop symbol on the lock wall nearest the
closed gates.
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11. In § 401.48, paragraph (a) is
revised to read as follows:
I
§ 401.48
Turning basins.
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Dropping anchor or tying to canal
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(a) With permission from the traffic
controller; and
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15. In § 401.58, paragraph (a) is
revised to read as follows:
Pleasure craft scheduling.
(a) The transit of pleasure craft shall
be scheduled by the traffic controller or
the officer in charge of a lock and may
be delayed so as to avoid interference
with other vessels; and
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16. Section 401.83 is revised to read
as follows:
I
§ 401.83 Reporting position at anchor,
wharf, etc.
A vessel anchoring in a designated
anchorage area, or elsewhere, and a
vessel mooring at a wharf or dock, tyingup to a canal bank or being held on a
canal bank in any manner shall
immediately report its position to the
traffic controller and it shall not resume
its voyage without the traffic controller’s
permission.
Issued at Washington, DC on February 15,
2008.
Saint Lawrence Seaway Development
Corporation.
Collister Johnson, Jr.,
Administrator.
[FR Doc. E8–3323 Filed 2–22–08; 8:45 am]
BILLING CODE 4910–61–P
12. Section 401.49 is revised to read
as follows:
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14:21 Feb 22, 2008
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 99–25; FCC 07–204]
Creation of a Low Power Radio Service
Federal Communications
Commission.
ACTION: Final rule; correction.
AGENCY:
SUMMARY: The Federal Communications
Commission (FCC) is correcting a final
rule that was published in the Federal
Register on January 17, 2008 (73 FR
3202), and which becomes effective on
March 17, 2008.
DATES: Effective March 17, 2008.
FOR FURTHER INFORMATION CONTACT: For
additional information on this
proceeding, contact Holly Saurer,
Holly.Saurer@fcc.gov of the Media
Bureau, Policy Division, (202) 418–
2120.
The
Commission’s Third Report and Order,
FCC 07–204, adopted on November 27,
2007 and released on December 11,
2007, amends section 73.3598(a) of the
Commission’s rules. This rule change,
listed as amendment 9 of the rule
changes to part 73 on page 3218, omits
the changes made to this rule by the
Commission’s Report and Order, FCC
07–228, in the Third Periodic Review of
the Commission’s Rules and Policies
Affecting the Conversion To Digital
Television, MB Docket No. 07–91,
adopted on December 22, 2007 and
released on December 31, 2007 (‘‘Third
DTV Periodic Report and Order’’). The
final rule in the Third DTV Periodic
Report and Order that amended section
73.3598(a) was published in the Federal
Register on January 30, 2008 (73 FR
5633) and also became effective on that
date.
SUPPLEMENTARY INFORMATION:
Correction
In rule FR Doc. E8–783 published on
January 17, 2008 (73 FR 3218) make the
following correction. On page 3218, the
first column, paragraph no. 9 to the
amendment of the rule to part 73 is
corrected as follows:
I 9. Section 73.3598 is amended by
revising paragraph (a) to read as follows:
§ 73.3598
Period of construction.
(a) Each original construction permit
for the construction of a new TV
(including full-power DTV), AM, FM or
International Broadcast; low power TV;
TV translator; TV booster; FM translator;
FM booster station; or to make changes
in such existing stations, shall specify a
period of three years from the date of
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Federal Register / Vol. 73, No. 37 / Monday, February 25, 2008 / Rules and Regulations
issuance of the original construction
permit within which construction shall
be completed and application for
license filed. Each original construction
permit for the construction of a new
LPFM station shall specify a period of
eighteen months from the date of
issuance of the construction permit
within which construction shall be
completed and application for license
filed. A LPFM permittee unable to
complete construction within the time
frame specified in the original
construction permit may apply for an
eighteen month extension upon a
showing of good cause. The LPFM
permittee must file for an extension on
or before the expiration of the
construction deadline specified in the
original construction permit.
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Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8–3533 Filed 2–22–08; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 578
[Docket No. NHTSA–2007–28445; Notice 2]
RIN 2127–AK07
National Highway Traffic
Safety Administration (NHTSA), DOT.
ACTION: Final rule.
rfrederick on PROD1PC67 with RULES
AGENCY:
SUMMARY: This document increases the
maximum civil penalties for violations
of the odometer tampering and
disclosure requirements and certain
administrative provisions of the Energy
Policy and Conservation Act. This
action is taken pursuant to the Federal
Civil Monetary Penalty Inflation
Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of
1996, which requires us to review and,
as warranted, adjust penalties based on
inflation at least every four years.
DATES: This final rule is effective March
26, 2008.
ADDRESSES: Petitions for reconsideration
should refer to the docket number and
be submitted to: Administrator, National
Highway Traffic Safety Administration,
1200 New Jersey Avenue, SE., West
Building, Fourth Floor, Washington, DC
20590, with a copy to the DOT docket.
Copies to the docket may be submitted
electronically through the Federal E-
14:21 Feb 22, 2008
This rule
adjusts for inflation certain maximum
available penalty amounts and codifies
the new amounts in 49 CFR part 578
Civil and Criminal Penalties. In order to
preserve the remedial impact of civil
penalties and to foster compliance with
the law, the Federal Civil Monetary
Penalty Inflation Adjustment Act of
1990 (28 U.S.C. 2461 Notes, Pub. L.
101–410), as amended by the Debt
Collection Improvement Act of 1996,
(Pub. L. 104–134) (referred to
collectively as the ‘‘Adjustment Act’’ or,
in context, the ‘‘Act’’), requires us and
other Federal agencies to regularly
adjust civil penalties for inflation.
Under the Adjustment Act, following an
initial adjustment that was capped by
the Act, these agencies must make
further adjustments, as warranted, to the
amounts of penalties in statutes they
administer at least once every four
years.1
SUPPLEMENTARY INFORMATION:
Civil Penalties
VerDate Aug<31>2005
Rulemaking Portal at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
You may call Docket Management at
202–366–9324. The Docket room
(Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE.), hours are from
9 a.m. to 5 p.m., Monday through
Friday, except Federal holidays.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the Public Participation heading of
the Supplementary Information section
of this document. Note that all
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below.
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 (65 FR
19477–78).
FOR FURTHER INFORMATION CONTACT:
Michael Kido, Office of Chief Counsel,
NHTSA, telephone (202) 366–5263,
facsimile (202) 366–3820, 1200 New
Jersey Avenue, SE., Washington, DC
20590.
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1 As we indicated in our September 2007 notice
of proposed rulemaking, since this rule will become
effective in 2008, we used the 2007 consumer price
index (CPI) rather than the 2006 CPI in calculating
the projected adjustment. Applying the 2007 CPI to
our calculations did not alter the final increased
amounts that we previously proposed.
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9955
The changes to certain maximum
penalties for violations of the odometer
laws, regulations and orders and for
violations of certain administrative
procedures of the Energy Policy and
Conservation Act of 1975 as amended
and recodified (EPCA) in today’s rule
were proposed and explained in our
September 26, 2007 Notice of Proposed
Rulemaking (NPRM). 72 FR 54635. The
discussion in that notice is incorporated
by reference. We received no comments
to that notice.
NHTSA is adjusting the maximum
penalty for a single violation of the
odometer tampering and disclosure
requirements in 49 U.S.C. Chapter 327
or a regulation or order thereunder. The
maximum penalty is codified at 49 CFR
578.6(f)(1). The agency last published a
rule adjusting the maximum civil
penalty for a single violation under 49
U.S.C. Chapter 327 in a rule published
on February 4, 1997. 62 FR 5167. In
today’s rule, NHTSA is adjusting this
amount from $2,200 to $3,200 based on
the Adjustment Act, for the reasons set
forth in the NPRM.
Additionally, the agency is adjusting
the maximum penalty amount for a
single violation of certain administrative
provisions of the EPCA found at 49
U.S.C. 32911(a). The maximum penalty
is codified at 49 CFR 578.6(h)(1). This
amount was last adjusted in a rule
published on February 4, 1997. 62 FR
5167. After applying the statutory
formulation described in the NPRM, the
maximum civil penalty amount for a
single violation is being adjusted from
$11,000 to $16,000. The basis for this
adjustment is set forth in the NPRM.
Rulemaking Analyses and Notices
Executive Order 12866 and DOT
Regulatory Policies and Procedures
We have considered the impact of this
rulemaking action under Executive
Order 12866 and the Department of
Transportation’s regulatory policies and
procedures. This rulemaking document
was not reviewed under Executive
Order 12866, ‘‘Regulatory Planning and
Review.’’ This action is limited to the
adoption of adjustments of civil
penalties under statutes that the agency
enforces, and has been determined to be
not ‘‘significant’’ under the Department
of Transportation’s regulatory policies
and procedures.
Regulatory Flexibility Act
We have also considered the impacts
of this notice under the Regulatory
Flexibility Act. I certify that this final
rule will not have a significant
economic impact on a substantial
number of small entities. The following
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]]>Agencies
[Federal Register Volume 73, Number 37 (Monday, February 25, 2008)]
[Rules and Regulations]
[Pages 9954-9955]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3533]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 99-25; FCC 07-204]
Creation of a Low Power Radio Service
AGENCY: Federal Communications Commission.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission (FCC) is correcting a
final rule that was published in the Federal Register on January 17,
2008 (73 FR 3202), and which becomes effective on March 17, 2008.
DATES: Effective March 17, 2008.
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Holly Saurer, Holly.Saurer@fcc.gov of the Media
Bureau, Policy Division, (202) 418-2120.
SUPPLEMENTARY INFORMATION: The Commission's Third Report and Order, FCC
07-204, adopted on November 27, 2007 and released on December 11, 2007,
amends section 73.3598(a) of the Commission's rules. This rule change,
listed as amendment 9 of the rule changes to part 73 on page 3218,
omits the changes made to this rule by the Commission's Report and
Order, FCC 07-228, in the Third Periodic Review of the Commission's
Rules and Policies Affecting the Conversion To Digital Television, MB
Docket No. 07-91, adopted on December 22, 2007 and released on December
31, 2007 (``Third DTV Periodic Report and Order''). The final rule in
the Third DTV Periodic Report and Order that amended section 73.3598(a)
was published in the Federal Register on January 30, 2008 (73 FR 5633)
and also became effective on that date.
Correction
In rule FR Doc. E8-783 published on January 17, 2008 (73 FR 3218)
make the following correction. On page 3218, the first column,
paragraph no. 9 to the amendment of the rule to part 73 is corrected as
follows:
0
9. Section 73.3598 is amended by revising paragraph (a) to read as
follows:
Sec. 73.3598 Period of construction.
(a) Each original construction permit for the construction of a new
TV (including full-power DTV), AM, FM or International Broadcast; low
power TV; TV translator; TV booster; FM translator; FM booster station;
or to make changes in such existing stations, shall specify a period of
three years from the date of
[[Page 9955]]
issuance of the original construction permit within which construction
shall be completed and application for license filed. Each original
construction permit for the construction of a new LPFM station shall
specify a period of eighteen months from the date of issuance of the
construction permit within which construction shall be completed and
application for license filed. A LPFM permittee unable to complete
construction within the time frame specified in the original
construction permit may apply for an eighteen month extension upon a
showing of good cause. The LPFM permittee must file for an extension on
or before the expiration of the construction deadline specified in the
original construction permit.
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Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-3533 Filed 2-22-08; 8:45 am]
BILLING CODE 6712-01-P
