Rail Transportation Security, 23656-23657 [E9-11736]

Download as PDF 23656 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Rules and Regulations may propose a de minimis expansion of its full-service pre-transition analog service area upon demonstrating that the expansion is necessary to replace its analog loss area. The license for the replacement digital television translator will be associated with the full power station’s main license, will be assigned the same call sign, may not be separately assigned or transferred, and will be renewed with the full-service station’s main license. (ii) Each original construction permit for the construction of a replacement digital television translator station shall specify a period of three years from the date of issuance of the original construction permit within which construction shall be completed and application for license filed. The provisions of § 74.788(c) of this chapter shall apply for stations seeking additional time to complete construction of their replacement digital television translator station. (iii) A public notice will specify the date upon which interested parties may begin to file applications for replacement digital television translators. Such applications shall be filed on FCC Form 346, shall be treated as an application for minor change and shall be accepted on a first-come, firstserved basis. Mutually exclusive applications shall be resolved via the Commission’s part 1 and broadcast competitive bidding rules, § 1.2100 et seq. and § 73.5000 et seq. of this chapter. (iv) The following sections are applicable to replacement digital television translator stations: § 73.1030 Notifications concerning interference to radio astronomy, research and receiving installations. § 74.703 Interference. § 74.709 Land mobile station protection. § 74.734 Attended and unattended operation. § 74.735 Power Limitations. § 74. 751 Modification of transmission systems. § 74.763 Time of Operation. § 74.765 Posting of station and operator licenses. § 74.769 Copies of rules. § 74.780 Broadcast regulations applicable to translators, low power, and booster stations (except § 73.653—Operation of TV aural and visual transmitters and § 73.1201—Station identification). § 74.781 Station records. § 74.784 Rebroadcasts. * * * * * [FR Doc. E9–11730 Filed 5–15–09; 4:15 pm] BILLING CODE 6712–01–P VerDate Nov<24>2008 17:51 May 19, 2009 Jkt 217001 DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration 49 CFR Part 1580 [Docket No. TSA–2006–26514; Amendment Nos. 1520–7, 1580–2] RIN 1652–AA51 Rail Transportation Security AGENCY: Transportation Security Administration (TSA), DHS. ACTION: Final rule; correcting amendments. SUMMARY: This action contains minor technical corrections to the Rail Transportation Security final rule, which was published on November 26, 2008. That document incorrectly referenced certain paragraphs in various sections of 49 CFR part 1580 and included an incorrect telephone number for reporting significant security concerns to TSA. This document corrects the final regulations by revising these paragraph citations and providing the appropriate telephone number. DATES: This correction is effective on May 20, 2009. FOR FURTHER INFORMATION CONTACT: David H. Kasminoff, Office of Chief Counsel, TSA–2, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598–6002; telephone (571) 227–3583; facsimile (571) 227–1378; e-mail david.kasminoff@dhs.gov. SUPPLEMENTARY INFORMATION: I. Background On November 26, 2008 (73 FR 72131), TSA issued a final rule to enhance the security of our Nation’s rail transportation system. This rule established security requirements for freight railroad carriers; intercity, commuter, and short-haul passenger train service providers; rail transit systems; and rail operations at certain, fixed-site facilities that ship or receive specified hazardous materials by rail. As published, the regulatory text in the final rule contains several incorrect references to other provisions in the rule. First, the rule as published, in stating that §§ 1580.100, 1580.101, and 1580.105 apply to a freight railroad carrier hosting a passenger operation described in § 1580.1, incorrectly cites to nonexistent paragraph (d) in § 1580.1, instead of paragraph (a)(4). Second, § 1580.103(g), which requires each person described in paragraph (a) of that section to provide a telephone number for TSA to use to request location and PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 shipping information, incorrectly refers to information required in paragraph (a)(4) of § 1580.103 instead of paragraph (c). Third, § 1580.103(g)(2), in stating that a covered person may not provide a telephone number that requires a call back (such as an answering service, answering machine, or beeper device) to meet the requirements of § 1580.103, incorrectly refers to paragraph (f) of that section instead of paragraph (g). Fourth, § 1580.107(a), in referencing the paragraph that contains an exception to the requirements imposed upon a rail hazardous materials shipper transferring to a rail car containing rail securitysensitive materials to a railroad carrier, incorrectly refers to paragraph (e) of § 1580.107 instead of paragraph (g). This final rule correction replaces the incorrect citations with the correct ones. Finally, the telephone numbers provided in §§ 1580.105(b) and 1580.203(b) of the final rule for reporting significant security concerns to DHS have been changed. The new telephone number at the TSA Freedom Center designated to receive reports of significant security concerns is 1–866– 615–5150. This final rule correction inserts the correct telephone number in the rule text. List of Subjects in 49 CFR Part 1580 Hazardous materials transportation, Mass transportation, Rail hazardous materials receivers, Rail hazardous materials shippers, Rail transit systems, Railroad carriers, Railroad safety, Railroads, Reporting and recordkeeping requirements, Security measures. II. Corrections to the Rule Accordingly, 49 CFR part 1580 is corrected by making the following correcting amendments: ■ PART 1580—RAIL TRANSPORTATION SECURITY 1. The authority citation for part 1580 continues to read as follows: ■ Authority: 49 U.S.C. 114. 2. In § 1580.100, paragraph (a)(4) is correctly revised to read as follows: ■ § 1580.100 Applicability. (a) * * * (4) Each freight railroad carrier hosting a passenger operation described in § 1580.1(a)(4) of this part. * * * * * 3. In § 1580.101, paragraph (a)(4) is correctly revised to read as follows: ■ § 1580.101 Rail security coordinator. (a) * * * E:\FR\FM\20MYR1.SGM 20MYR1 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Rules and Regulations (4) Each freight railroad carrier hosting the passenger operations described in § 1580.1(a)(4) of this part. * * * * * 4. In § 1580.103, paragraphs (g) introductory text and (g)(2) are correctly revised to read as follows: ■ § 1580.103 Location and shipping information for certain rail cars. * * * * * (g) Telephone number. Each person described in paragraph (a) of this section must provide a telephone number for use by TSA to request the information required in paragraph (c) of this section. * * * * * (2) A telephone number that requires a call back (such as an answering service, answering machine, or beeper device) does not meet the requirements of this paragraph. * * * * * 5. In § 1580.105, paragraphs (a)(4) and (b) are correctly revised to read as follows: ■ § 1580.105 concerns. Reporting significant security (a) * * * (4) Each freight railroad carrier hosting a passenger operation described in § 1580.1(a)(4) of this part. * * * * * (b) Each person described in paragraph (a) of this section must immediately report potential threats and significant security concerns to DHS by telephoning the Freedom Center at 1– 866–615–5150. * * * * * 6. In § 1580.107, paragraph (a) introductory text is correctly revised to read as follows: ■ § 1580.107 Chain of custody and control requirements. (a) Within or outside of an HTUA, rail hazardous materials shipper transferring to carrier. Except as provided in paragraph (g) of this section, at each location within or outside of an HTUA, a rail hazardous materials shipper transferring custody of a rail car containing one or more of the categories and quantities of rail securitysensitive materials to a freight railroad carrier must: * * * * * 7. In § 1580.103, paragraph (b) is correctly revised to read as follows: ■ § 1580.203 concerns. Reporting significant security * * * VerDate Nov<24>2008 * * 14:51 May 19, 2009 Jkt 217001 (b) Each person described in paragraph (a) of this section must immediately report potential threats and significant security concerns to DHS by telephoning the Freedom Center at 1–866–615–5150. * * * * * Issued in Arlington, Virginia, on May 13, 2009. Gale D. Rossides, Acting Administrator. [FR Doc. E9–11736 Filed 5–19–09; 8:45 am] BILLING CODE 9110–05–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0810141351–9087–02] RIN 0648–XP29 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by American Fisheries Act Catcher Processors Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by American Fisheries Act (AFA) trawl catcher processors in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary as the 2009 Pacific cod directed fishing allowance for AFA trawl catcher processors in the BSAI has been reached. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 10, 2009, through 2400 hrs, A.l.t., December 31, 2009. FOR FURTHER INFORMATION CONTACT: Patty Britza, 907–586–7376. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson–Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 23657 The 2009 Pacific cod total allowable catch (TAC) allocated to AFA trawl catcher processors in the BSAI is 3,626 metric tons (mt) as established by the final 2009 and 2010 harvest specifications for groundfish in the BSAI (74 FR 7359, February 17, 2009). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2009 Pacific cod TAC allocated to AFA catcher processors in the BSAI will be taken as incidental catch in directed fisheries for other groundfish fisheries. Therefore, the Regional Administrator is establishing a directed fishing allowance of 0 mt and in accordance with § 679.20(d)(1)(iii), finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by AFA trawl catcher processors in the BSAI. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of Pacific cod by AFA trawl catcher processors in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of May 12, 2009. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. E:\FR\FM\20MYR1.SGM 20MYR1

Agencies

[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Rules and Regulations]
[Pages 23656-23657]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11736]


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DEPARTMENT OF HOMELAND SECURITY

Transportation Security Administration

49 CFR Part 1580

[Docket No. TSA-2006-26514; Amendment Nos. 1520-7, 1580-2]
RIN 1652-AA51


Rail Transportation Security

AGENCY: Transportation Security Administration (TSA), DHS.

ACTION: Final rule; correcting amendments.

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SUMMARY: This action contains minor technical corrections to the Rail 
Transportation Security final rule, which was published on November 26, 
2008. That document incorrectly referenced certain paragraphs in 
various sections of 49 CFR part 1580 and included an incorrect 
telephone number for reporting significant security concerns to TSA. 
This document corrects the final regulations by revising these 
paragraph citations and providing the appropriate telephone number.

DATES: This correction is effective on May 20, 2009.

FOR FURTHER INFORMATION CONTACT: David H. Kasminoff, Office of Chief 
Counsel, TSA-2, Transportation Security Administration, 601 South 12th 
Street, Arlington, VA 20598-6002; telephone (571) 227-3583; facsimile 
(571) 227-1378; e-mail david.kasminoff@dhs.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On November 26, 2008 (73 FR 72131), TSA issued a final rule to 
enhance the security of our Nation's rail transportation system. This 
rule established security requirements for freight railroad carriers; 
intercity, commuter, and short-haul passenger train service providers; 
rail transit systems; and rail operations at certain, fixed-site 
facilities that ship or receive specified hazardous materials by rail. 
As published, the regulatory text in the final rule contains several 
incorrect references to other provisions in the rule. First, the rule 
as published, in stating that Sec. Sec.  1580.100, 1580.101, and 
1580.105 apply to a freight railroad carrier hosting a passenger 
operation described in Sec.  1580.1, incorrectly cites to nonexistent 
paragraph (d) in Sec.  1580.1, instead of paragraph (a)(4). Second, 
Sec.  1580.103(g), which requires each person described in paragraph 
(a) of that section to provide a telephone number for TSA to use to 
request location and shipping information, incorrectly refers to 
information required in paragraph (a)(4) of Sec.  1580.103 instead of 
paragraph (c). Third, Sec.  1580.103(g)(2), in stating that a covered 
person may not provide a telephone number that requires a call back 
(such as an answering service, answering machine, or beeper device) to 
meet the requirements of Sec.  1580.103, incorrectly refers to 
paragraph (f) of that section instead of paragraph (g). Fourth, Sec.  
1580.107(a), in referencing the paragraph that contains an exception to 
the requirements imposed upon a rail hazardous materials shipper 
transferring to a rail car containing rail security-sensitive materials 
to a railroad carrier, incorrectly refers to paragraph (e) of Sec.  
1580.107 instead of paragraph (g). This final rule correction replaces 
the incorrect citations with the correct ones.
    Finally, the telephone numbers provided in Sec. Sec.  1580.105(b) 
and 1580.203(b) of the final rule for reporting significant security 
concerns to DHS have been changed. The new telephone number at the TSA 
Freedom Center designated to receive reports of significant security 
concerns is 1-866-615-5150. This final rule correction inserts the 
correct telephone number in the rule text.

List of Subjects in 49 CFR Part 1580

    Hazardous materials transportation, Mass transportation, Rail 
hazardous materials receivers, Rail hazardous materials shippers, Rail 
transit systems, Railroad carriers, Railroad safety, Railroads, 
Reporting and recordkeeping requirements, Security measures.

II. Corrections to the Rule

0
Accordingly, 49 CFR part 1580 is corrected by making the following 
correcting amendments:

PART 1580--RAIL TRANSPORTATION SECURITY

0
1. The authority citation for part 1580 continues to read as follows:

    Authority:  49 U.S.C. 114.


0
2. In Sec.  1580.100, paragraph (a)(4) is correctly revised to read as 
follows:


Sec.  1580.100  Applicability.

    (a) * * *
    (4) Each freight railroad carrier hosting a passenger operation 
described in Sec.  1580.1(a)(4) of this part.
* * * * *


0
3. In Sec.  1580.101, paragraph (a)(4) is correctly revised to read as 
follows:


Sec.  1580.101  Rail security coordinator.

    (a) * * *

[[Page 23657]]

    (4) Each freight railroad carrier hosting the passenger operations 
described in Sec.  1580.1(a)(4) of this part.
* * * * *


0
4. In Sec.  1580.103, paragraphs (g) introductory text and (g)(2) are 
correctly revised to read as follows:


Sec.  1580.103  Location and shipping information for certain rail 
cars.

* * * * *
    (g) Telephone number. Each person described in paragraph (a) of 
this section must provide a telephone number for use by TSA to request 
the information required in paragraph (c) of this section.
* * * * *
    (2) A telephone number that requires a call back (such as an 
answering service, answering machine, or beeper device) does not meet 
the requirements of this paragraph.
* * * * *


0
5. In Sec.  1580.105, paragraphs (a)(4) and (b) are correctly revised 
to read as follows:


Sec.  1580.105  Reporting significant security concerns.

    (a) * * *
    (4) Each freight railroad carrier hosting a passenger operation 
described in Sec.  1580.1(a)(4) of this part.
* * * * *
    (b) Each person described in paragraph (a) of this section must 
immediately report potential threats and significant security concerns 
to DHS by telephoning the Freedom Center at 1-866-615-5150.
* * * * *


0
6. In Sec.  1580.107, paragraph (a) introductory text is correctly 
revised to read as follows:


Sec.  1580.107  Chain of custody and control requirements.

    (a) Within or outside of an HTUA, rail hazardous materials shipper 
transferring to carrier. Except as provided in paragraph (g) of this 
section, at each location within or outside of an HTUA, a rail 
hazardous materials shipper transferring custody of a rail car 
containing one or more of the categories and quantities of rail 
security-sensitive materials to a freight railroad carrier must:
* * * * *


0
7. In Sec.  1580.103, paragraph (b) is correctly revised to read as 
follows:


Sec.  1580.203  Reporting significant security concerns.

* * * * *
    (b) Each person described in paragraph (a) of this section must 
immediately report potential threats and significant security concerns 
to DHS by telephoning the Freedom Center at 1-866-615-5150.
* * * * *

    Issued in Arlington, Virginia, on May 13, 2009.
Gale D. Rossides,
Acting Administrator.
[FR Doc. E9-11736 Filed 5-19-09; 8:45 am]
BILLING CODE 9110-05-P