Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Rules and Regulations 58841

be sent to Congress and the General 

Accounting Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

To accommodate the Crawford 

allotment, this document also 

substituted Channel 299A for Channel 

272A at Gunnison, Colorado and 

modified the license of Station 

KVLE(FM) accordingly; and changed the 

reference coordinates for vacant 

Channel 270C2 at Olathe, Colorado. 

Channel 272C2 can be allotted to 

Crawford consistent with the 

Commission’s minimum distance 

separation requirements provided there 

is a site restriction of 20.9 kilometers (13 

miles) southeast of the community. The 

reference coordinates for Channel 272C2 

at Crawford are 38–32–05 North 

Latitude and 107–30–27 West 

Longitude. Station KVLE–FM license at 

Gunnison can be modified on Channel 

299A at its current authorized 

transmitter site. The coordinates for 

Channel 299A at Gunnison are 38–33–

53 NL and 106–55–38 WL. The new 

reference coordinates for vacant 

Channel 270C2 at Olathe are 38–26–25 

NL and 108–09–47 WL. This site 

requires a site restriction 15.8 

kilometers (9.8 miles) west of the 

community.

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting.

■ Accordingly, 47 CFR part 73 is 

amended as follows:

PART 73—RADIO BROADCAST 

SERVICES

■ 1. The authority citation for part 73 

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.202 [Amended]

■ 2. Section 73.202(b), the Table of FM 

Allotments under Colorado, is amended 

by adding Crawford, Channel 272C2, and 

by removing Channel 272A and adding 

Channel 299A at Gunnison.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–22026 Filed 9–30–04; 8:45 am] 

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs 

Administration 

49 CFR Parts 171 and 173 

[Docket No. RSPA–99–6283 (HM–230)] 

RIN 2137–AD40 

Hazardous Materials Regulations; 

Compatibility With the Regulations of 

the International Atomic Energy 

Agency; Correction; Final Rule

AGENCY: Research and Special Programs 

Administration (RSPA), DOT.

ACTION: Final rule.

SUMMARY: RSPA is correcting errors in a 

final rule in this docket, published in 

the Federal Register on September 13, 

2004, that amended requirements in the 

Hazardous Materials Regulations (HMR) 

pertaining to the transportation of 

radioactive materials based on changes 

contained in the International Atomic 

Energy Agency (IAEA) publication, 

entitled ‘‘IAEA Safety Standards Series: 

Regulations for the Safe Transport of 

Radioactive Material,’’ 1996 Edition, No. 

TS–R–1.

DATES: Effective Date: This final rule is 

effective on October 1, 2004.

FOR FURTHER INFORMATION CONTACT: Dr. 

Fred D. Ferate II, Office of Hazardous 

Materials Technology, (202) 366–4545, 

or Charles E. Betts, Office of Hazardous 

Materials Standards, (202) 366–8553; 

Research and Special Programs 

Administration, U.S. Department of 

Transportation, 400 Seventh Street SW., 

Washington, DC 20590–0001.

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 26, 2004, the Research 

and Special Programs Administration 

(RSPA, we) published a final rule under 

Docket HM–230 (69 FR 3632) amending 

requirements in the HMR pertaining to 

the transportation of radioactive 

materials based on changes contained in 

the IAEA publication entitled ‘‘IAEA 

Safety Standards Series: Regulations for 

the Safe Transport of Radioactive 

Material,’’ 1996 Edition, No. TS–R–1. 

On September 13, 2004, we published a 

final rule (69 FR 55113) that made 

corrections to the January 26, 2004 final 

rule. 

This document corrects editorial and 

technical errors in the September 13, 

2004 final rule which have come to our 

attention. 

II. Section-by-Section Review 

Part 171 

Section 171.11 

In paragraph (d)(6)(i), we are 

correcting a typographical error. 

Part 173 

Section 173.403 

In § 173.403, we are correcting certain 

inadvertent omissions in the definition 

for ‘‘Low Specific Activity (LSA) 

material.’’

Section 173.411 

Paragraph (b)(2)(ii) is corrected to 

retain the wording that currently 

appears in the HMR, which was 

inadvertently changed in the September 

13, 2004 final rule. 

Section 173.427 

Paragraph (b)(4) is corrected to specify 

that, for domestic transportation, 

exclusive use shipment of Low Specific 

Activity (LSA) material and Surface 

Contaminated Object (SCO) must be less 

than an A2 quantity when in a 

packaging which meets the 

requirements of §§ 173.24, 173.24a, and 

173.410. The current wording specifies 

that the shipment must be less than or 

equal to an A2 quantity. 

III. Regulatory Analyses and Notices 

A. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This final rule is not a significant 

action under section 3(f) of Executive 

Order 12866 and was not reviewed by 

the Office of Management and Budget. 

This final rule is not a significant action 

under the Regulatory Policies and 

Procedures of the Department of 

Transportation. The revisions adopted 

in this final rule do not alter the costbenefit analysis and conclusions 

contained in the Regulatory Evaluation 

prepared for the January 26, 2004 final 

rule. The Regulatory Evaluation is 

available for review in the public docket 

for this rulemaking.

B. Executive Order 13132 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). This final rule 

preempts State, local and Indian tribe 

requirements, but does not propose any 

regulation that has direct effects on the 

States, the relationship between the 

national government and the States, or 

the distribution of power and 

responsibilities among the various 

levels of government. Therefore, the 

consultation and funding requirements 

of Executive Order 13132 do not apply. 

58842 Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Rules and Regulations 

The Federal hazardous material 

transportation law, 49 U.S.C. 5101–

5127, contains an express preemption 

provision (49 U.S.C. 5125(b)) that 

preempts State, local, and Indian tribe 

requirements on certain covered 

subjects. Covered subjects are: 

(1) The designation, description, and 

classification of hazardous material; 

(2) The packing, repacking, handling, 

labeling, marking, and placarding of 

hazardous material; 

(3) The preparation, execution, and 

use of shipping documents related to 

hazardous material and requirements 

related to the number, contents, and 

placement of those documents; 

(4) The written notification, 

recording, and reporting of the 

unintentional release in transportation 

of hazardous material; or 

(5) The design, manufacturing, 

fabricating, marking, maintenance, 

reconditioning, repairing, or testing of a 

packaging or container represented, 

marked, certified, or sold as qualified 

for use in transporting hazardous 

material. 

This final rule addresses the 

classification, packaging, marking, 

labeling, and handling of hazardous 

material, among other covered subjects 

and preempts any State, local, or Indian 

tribe requirements not meeting the 

‘‘substantively the same’’ standard. This 

rule is necessary to incorporate changes 

already adopted in international 

standards. If the amendments adopted 

in this final rule were not made, U.S. 

companies, including numerous small 

entities competing in foreign markets, 

will be at an economic disadvantage. 

These companies would be forced to 

comply with a dual system of 

regulation. The amendments are 

intended to avoid this result. 

Federal hazardous materials 

transportation law provides at 49 U.S.C. 

§ 5125(b)(2) that, if the Secretary of 

Transportation issues a regulation 

concerning any of the covered subjects, 

the Secretary must determine and 

publish in the Federal Register the 

effective date of Federal preemption. 

The effective date may not be earlier 

than the 90th day following the date of 

issuance of the final rule and not later 

than two years after the date of issuance. 

The effective date of our January 26, 

2004 final rule, including the effective 

date of Federal preemption is October 1, 

2004. Because this final rule makes 

editorial corrections, the effective date 

of Federal preemption of this final rule 

is also October 1, 2004. 

C. Executive Order 13175 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this final rule does not have 

tribal implications, does not impose 

substantial direct compliance costs on 

Indian tribal governments, and does not 

preempt tribal law, the funding and 

consultation requirements of Executive 

Order 13175 do not apply and a tribal 

summary impact statement is not 

required. 

D. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Polices 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires an agency to 

review regulations to assess their impact 

on small entities unless the agency 

determines a rule is not expected to 

have a significant economic impact on 

a substantial number of small entities. 

The corrections contained in this final 

rule will have little or no effect on the 

regulated industry. Based on the 

assessment in the regulatory evaluation, 

to the January 26, 2004 final rule, I 

hereby certify that, while this rule 

applies to a substantial number of small 

entities, there will not be a significant 

economic impact on those small 

entities. A detailed regulatory flexibility 

analysis prepared for the January 26, 

2004 final rule is available for review in 

the docket. 

This final rule has been developed in 

accordance with Executive Order 13272 

(‘‘Proper Consideration of Small Entities 

in Agency Rulemaking’’) and DOT’s 

procedures and policies to promote 

compliance with the Regulatory 

Flexibility Act to ensure that potential 

impacts of draft rules on small entities 

are properly considered.

E. Paperwork Reduction Act 

This final rule imposes no new 

information collection requirements. 

F. Regulation Identifier Number (RIN) 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. The RIN number contained in the 

heading of this document can be used 

to cross-reference this action with the 

Unified Agenda. 

G. Unfunded Mandates Reform Act 

This final rule does not impose 

unfunded mandates under the 

Unfunded Mandates Reform Act of 

1995. It does not result in costs of 

$120.7 million or more to either State, 

local, or tribal governments, in the 

aggregate, or to the private sector, and 

is the least burdensome alternative that 

achieves the objectives of the rule. 

H. Environmental Assessment 

The National Environmental Policy 

Act of 1969 (NEPA), as amended (42 

U.S.C. 4321–4347), requires Federal 

agencies to consider the consequences 

of major federal actions and prepare a 

detailed statement on actions 

significantly affecting the quality of the 

human environment. The Nuclear 

Regulatory Commission (NRC) prepared 

an environmental assessment (EA) of 

‘‘Major Revision to Packaging and 

Transportation of Radioactive Material 

Regulations,’’ Final Report, March 2002, 

on its final rule which addresses issues 

also raised in this rulemaking. On the 

basis of this EA, we find that there are 

no significant environmental impacts 

associated with this final rule. A copy 

of the environmental assessment 

prepared by the NRC is available for 

review in the docket. 

I. 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 http://dms.dot.gov.

List of Subjects 

49 CFR Part 171 

Exports, Hazardous materials 

transportation, Hazardous waste, 

Imports, Incorporation by reference, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 173 

Hazardous materials transportation, 

packaging and containers, Radioactive 

materials, Reporting and recordkeeping 

requirements, Uranium.

■ In consideration of the foregoing, we 

are making the following corrections to 

FR Doc. 04–20549, appearing on page 

55113 in the Federal Register of 

Monday, September 13, 2004:

PART 171—[CORRECTED]

■ 1. On page 55116, in § 171.11, in 

paragraph (d)(6)(i), correct the reference 

‘‘§ 173.203(d)(10)’’ to read 

‘‘§ 172.203(d)(10)’’.

Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Rules and Regulations 58843

1Pub. L. 101–336, 42 U.S.C. 12101, et seq. The 

ADA directed the DOT to issue regulations to 

implement the transportation vehicle provisions 

that pertain to vehicles used by the public. Titles 

II and III of the ADA set specific requirements for 

vehicles purchased by municipalities for use in 

fixed route bus systems and vehicles purchased by 

private entities for use in public transportation to 

provide a level of accessibility and usability for 

individuals with disabilities. 42 U.S.C. 12204.

PART 173—[CORRECTED]

■ 2. On page 55116, in § 173.403, in the 

definition for ‘‘Low Specific Activity 

(LSA) material,’’ correct the introductory 

paragraph, and paragraphs (1)(iii), (3)(i) 

and (3)(ii) to read as follows:

§ 173.403 Definitions.

* * * * *

Low Specific Activity (LSA) material

means Class 7 (radioactive) material 

with limited specific activity which 

satisfies the descriptions and limits set 

forth below. Shielding material 

surrounding the LSA material may not 

be considered in determining the 

estimated average specific activity of the 

package contents. LSA material must be 

in one of three groups: 

(1) * * * 

(iii) Radioactive material other than 

fissile material, for which the A2 value 

is unlimited; or

* * * * *

(3) * * * 

(i) The radioactive material is 

distributed throughout a solid or a 

collection of solid objects, or is 

essentially uniformly distributed in a 

solid compact binding agent (such as 

concrete, bitumen, ceramic, etc.); 

(ii) The radioactive material is 

relatively insoluble, or it is intrinsically 

contained in a relatively insoluble 

material, so that, even under loss of 

packaging, the loss of Class 7 

(radioactive) material per package by 

leaching when placed in water for seven 

days would not exceed 0.1 A2; and

* * * * *

■ 3. On page 55117, in the first column, 

in § 173.411, correct paragraph (b)(2)(ii) 

to read as follows:

§ 173.411 Industrial packagings.

* * * * *

(b) * * * 

(2) * * * 

(ii) A significant increase in the 

radiation levels recorded or calculated 

at the external surfaces for the condition 

before the test.

* * * * *

■ 4. On page 55118, in the third column, 

in §173.427, correct paragraph (b)(4) to 

read as follows:

§ 173.427 Transport requirements for low 

specific activity (LSA) Class 7 (radioactive) 

materials and surface contaminated objects 

(SCO).

* * * * *

(b) * * * 

(4) In a packaging which meets the 

requirements of §§ 173.24, 173.24a, and 

173.410, but only for domestic 

transportation of an exclusive use 

shipment that is less than an A2

quantity.

* * * * *

Issued in Washington, DC, on September 

24, 2004 under authority delegated in 49 CFR 

Part 1. 

Samuel G. Bonasso, 

Deputy Administrator, Research and Special 

Programs Administration.

[FR Doc. 04–22145 Filed 9–30–04; 8:45 am] 

BILLING CODE 4910–60–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2004–19209] 

RIN 2127–AJ18 

Federal Motor Vehicle Safety 

Standards; Platform Lifts for Motor 

Vehicles, Platform Lift Installations in 

Motor Vehicles

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT).

ACTION: Final rule; response to petitions 

for reconsideration. 

SUMMARY: This document responds to 

petitions for reconsideration of the 

December 2002 final rule that 

established two new Federal motor 

vehicle safety standards, one for 

platform lifts and one for vehicles 

equipped with such lifts. The purpose 

of these standards is to prevent injuries 

and fatalities during lift operation. The 

agency received several petitions for 

reconsideration of the December 2002 

final rule from platform lift 

manufacturers, vehicle manufacturers, 

and a transportation safety research 

organization. In response to these 

petitions, the agency is clarifying the 

applicability of the standards. This 

document also amends the definitions 

of certain operational functions, the 

requirements for lift lighting on public 

lifts, the interlock requirements, 

compliance procedures for lifts that 

manually deploy/stow, the 

environmental resistance requirements, 

the edge guard requirements, the 

wheelchair test device specifications, 

and the location requirements for public 

lift controls.

DATES: Effective Dates: The amendments 

in this rule are effective December 27, 

2004. 

Petitions: Petitions for reconsideration 

must be received by November 15, 2004, 

and should refer to this docket and the 

notice number of this document and be 

submitted to: Administrator, National 

Highway Traffic Safety Administration, 

400 Seventh St., SW., Washington, DC 

20590.

FOR FURTHER INFORMATION CONTACT: For 

non-legal issues, you may contact 

William Evans, Office of Crash 

Avoidance Standards, at (202) 366–

2272. 

For legal issues, you may contact 

Christopher Calamita, Office of Chief 

Counsel, at (202) 366–2992, and fax 

them at (202) 366–3820. 

You may send mail to these officials 

at the National Highway Traffic Safety 

Administration, 400 Seventh St., SW., 

Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. Background 

II. Petitions for Reconsideration 

A. Special Purpose Lifts 

B. Definitions of ‘‘Deploy’’ and ‘‘Stow’’

C. Platform Lift Lighting on Public Use 

Lifts 

D. Interlock Sensors 

E. Lifts That Manually Stow and Deploy 

F. Environmental Resistance 

G. Platform Deflection 

H. Edge Guards 

I. Test Device 

J. Control Systems 

K. Minimum Load Requirements for 

Private Use Lifts 

L. Threshold Warning Signal 

M. Wheelchair Restraint Standards 

N. Cost of Testing 

III. Corrections 

IV. Effective Date 

V. Rulemaking Analyses and Notices

I. Background 

On December 27, 2002, the agency 

published in the Federal Register (67 

FR 79416) a final rule establishing 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 403, Platform lift systems 

for motor vehicles, and FMVSS No. 404, 

Platform lift installation on motor 

vehicles (final rule), effective December 

27, 2004. These two new standards 

provide practicable, performance based 

requirements and compliance 

procedures for the regulations 

promulgated by the DOT under the 

American with Disabilities Act 1 (ADA). 

FMVSS Nos. 403 and 404 provide that 

only lift systems that comply with 

objective safety requirements may be 

placed in service.

FMVSS No. 403 establishes 

requirements for platform lifts that are