29698

Federal Register / Vol. 48, No. 125 / Tuesday, June 28, 1983

/ Rules and Regulations

been submitted from both the

the rule are also included in this
5. In order to protect the public
commenters who support the extension
interest, a right-of-way for a strip of land document.
as well as from those who oppose it.
400 feet wide, being 200 feet on each
DATE: This interim final rule is effective
Due to the extreme time constraints on
proposed
side of the centerline of the
July 1. 1983, and will expire on July 1,
this rulemaking, there has not been
location of the Oregon Basin Feeder
1984.
sufficient time to fully analyze the new
Canal will be reserved for the Bureau of
FOR FURTHER INFORMATION CONTACT:
data prior to the July 1, 1983 effective
704 (4329698
43 Stat.Reg.
pursuant
Reclamation,
Citation:
48toFed.
1983
L. Thomas, Bureau of Motor
Mr. Neill
date. The FHWA has determined that
U.S.C. 417) and 43 Stat. 134 (43 U.S.C.
Carrier Safety, (202) 426-9767; or Mrs.
more time is needed for the review of
154). Said right-of-way will reserve to
Kathleen S. Markman, Office of the
the issues which revolve around the
the United States the right, privilege,
Chief Counsel, (202) 426-0346, Federal
possible 18 month extension of the
and easement to lay out, construct,
Highway Administration, 400 Seventh
"phase-in period," and that a 12 month
inspect, operate, and maintain a canal
D.C.
20590.
Street, SW., Washington,
extension of the reduced levels is
in
over and across the lands described
Office hours are from 7:45 a.m. to 4:15
sufficient time for DOT and other
paragraphs I and 2 of this order. This
p.m. ET, Monday through Friday.
governmental offices to review the
of
the
right
right-of-way will reserve
SUPPLEMENTARY INFORMATION: On
issues at hand. The FHWA further
ingress and egress to the said land for
into
signed
the
President
January 6, 1983,
believes, based on information offered
any and all purposes necessary and
law the Surface Transportation
in the NPRM, that this 12 month
incidental to the exercise by the United
Assistance Act of 1982 (Pub. L. 97-424,
extension will not adversely affect the
States, its successors, assigns, and the
96 Stat. 2097) (STAA of 1982). Section
public safety, and will prevent a serious
public of all the rights reserved by the
406(a) of the STAA of 1982 amends
disruption in both the insurance and
right-of-way. The right-of-way reserved
Section 30 of the Motor Carrier Act of
motor carrier industries. Further, the
permanent
of
will restrict construction
1980 (Pub. L. 96-296, 94 Stat. 820) (MCA)
absence of a final rule extending the
right-of-way.
the
inside
improvements
the
by allowing
Content downloaded/printed
from the Secretary to extend
"phase-in period" beyond July 1, 1983
"phase-in period" for the reduced
Interested parties should contact the
may inflict unnecessary turmoil on both
of
Director, Bureau(http://heinonline.org)
Regional HeinOnline
minimum levels of financial
industries.
Billings, Montana, for
Reclamation,
responsibility from 2 years to 31/2 years.
Tuepertaining
Oct 21to17:39:25
For these reasons, it has been
the right-of-2014 Section 30 of the MCA sets forth
information
that circumstances warrant
determined
way.
minimum levels of financial
the issuance of an emergency regulation
Inquiries concerning the lands should
.maintained
must
be
which
responsibility
-- Your
ofBranch
this HeinOnline
PDF indicates your acceptance
so as to extend the-current "phase-in
of
Chief,
to theuse
be addressed
by motor carriers of property. The MCA
period" for reduced levels of financial
Bureau
Operations,
Lands and Minerals
of HeinOnline's Terms and
of the
authority to
the license
gave the Secretary
alsoConditions
of Land Management, P.O. Box 1828,
levels, by regulation, for up responsibility until July 1, 1984. This
those
reduce
amendment does not alter the
Wyoming 82001.available at http://heinonline.org/HOL/License
Cheyenne, agreement
to a 2-year "phase-in period" provided
contractual language or meaning of the
Garrey E. Carruthers,
the reduced levels would not adversely
endorsement form (MCS-90) or the
Assistant Secretaryof the In terior.
affect public safety and would prevent a
-- The search text of this PDF
is generated from
Surety Bond (MCS-82), but only the
June 16, 1983.
serious disruption in transportation
"Schedule of Limits" as it appears in 49
Filed 6-27-83; 8:45 Am] OCR text.
[FR Doc. 83-17285
uncorrected
service.
CFR 387.9 and 387.15 on the
BILLING CODE 4310-4-M
In the final rule implementing the
endorsement form. Therefore, those
(46
MCA
30
of
the
provisions of Section
endorsement forms currently in force
FR 30982, June 11, 1981) as set forth in 49
may remain in effect.
DEPARTMENT OF TRANSPORTATION
CFR 387, the Secretary exercised his
authority by reducing the minimum
Technical Corrections
Federal Highway Administration
levels to the lowest levels allowed by
Also included in this document are
the MCA for the full 2-year "phase-in
49 CFR Part 387
period" which will expire on July 1, 1983. three technical corrections to the
regulations concerning minimum levels
[BMCS Docket No. MC-94-2;. Amdt. No. 81This decision was based on comments
of financial responsibility.
11]
to the docket (MC-94) received during
the rulemaking process as well as on the
Radioactive Materials
Minimum Lfvels of Financial
findings contained in the regulatory
Responsibility for Motor Carriers of
One correction concerns the definition
evaluation/regulatory flexibility
"large quantity radioactive materials"
Property-Extension of Reduced
of
analysis prepared on the subject.
as used in the financial responsibility
Levels
Section 30 of the MCA mandates

+(,121/,1(

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

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

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 was
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

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
SCHEDULE OF

29699

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 and
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 and
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 Financial responsibility minimum
levels.
a

*r

MITS

[Public Liability]
Type of carriage'

Commodity transported

(1) For-hire (Ininterstate or foreign commerce) ....................

(2) For-hire and Private (In interstate, foreign, or Intrastate commerce).

July 1, 1981

Property (non zardous) ..................................................

r........................................................................
$500.00
Hazardous substances, as defined in 49 CFR 171.8, transported in cargo tanks, portable
1,000,000
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 CFR
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
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) 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
merce).
route controlled quantity radioactive materials as defined in 49 CFR 173455.

July 1, 1984
$750.000
5,000,000

1,000,000
5,000,000

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.

29700

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

(1) For-hIre (Ininterstate or foreign commerce) .................... Property (nonhazardous) ..............................................................................

.............................................
(2) For-hire and Private (In Interstate, foreign, or intra- Hazardous substances, as defined In 49 CFA 171.8, transported in cargo tanks, portable
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.
(3) For-hire and Private (In interstate or foreign corn- Oil lIsted in 49 CFR 172.101: hazardous- waste, hazardous materials and hazardous
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)below.
(4) For-hire and Private (In interstate or foreign com- Any quantity of Class A or S explosives; any quantity of poison. gas (Poison A); or highway
merce).
route controlled quantity radioactive materials as defined In 49 CFR 173.455..

July 1, 1984

$500.000
1,000,000

$750.00
5.000,000

500.000

1,000.000

1,000,000

5,000,000

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
(4) 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

Illustration II of 387.15 is revised to
read as follows:
387.15 Forms.
Illustration II
Form MCS-82 (4/83)
Form Approved OMB No. 2125-0075
MOTOR CARRIER PUBLIC LIABILITY SURETY
BOND UNDER SECTIONS 29 AND 30 OF THE
MOTOR CARRIER ACT OF 1980
Parties

Surety company
and princpa place
of business
address

Motor carrier

prncipal, ICC
Docket No. and
principal place of
business

Purpose.-Thisis an agreement between

the Surety and the Principal under which the
Surety, its successors and assigness, agree to
be responsible for the payment of any final
judgment or judgments against the Principal
for public liability, property damage, and
environmental restoration liability claims in
the sums prescribedherein; subject to the
governing provisions and the following
conditions.
Governing provisions,-(1)Sections 29 and
30 of the Motor Carrier Act of 1980 (49 U.S.C.
10927 note).
(2) Rules and regulations of the Federal
Highway Administration's Bureau of Motor
Carrier Safety (Bureau).
(3) Rules and regulations of the Interstate
Commerce Commission (ICC).
Conditions.-The Principal is or intends to
become a motor carrier of property subject to
the applicable governing provisions relating
to financial responsibility for the protection
of the public.
This bond assures compliance by the
Principal with the applicable governing
provisions, and shall inure to the benefit of
any person or persons who shall recover a
final judgment or judgments against the
Principal for public liability, property
damage, or environmental restoration
liability claims (excluding injury to or death
of the Principal's employees while engaged in
the course of their employment, and loss of or
damange 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

Acknowledgement of Surety

State

SUMMARY: Pursuant to Section 122 of the

Rock Island Transition and Employee

By -

State of
County of
On this
day of -, 19-,
, who,
before me personally came
being by me duly sworn, did depose and say
that he is the
that he resides in
-

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.order 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,Bureau of Motor Carrier
Safety, FederalHighwayAdministration.
(FR Doc. 83-17404 Filed 8-24-83: 9:15
am)
BILLING CODE 4910-22-"

INTERSTATE COMMERCE
COMMISSION
49 CFR Part 1033
[Fiftieth 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.