6194 Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Rules and Regulations 

§ 73.202 [Amended]

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

Allotments under Virgin Islands, is 

amended by adding Channel 257A at 

Charlotte Amalie; by adding Channel 

258A at Frederiksted; and by removing 

Channel 258B and adding Channel 293B 

at Christiansted.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–2838 Filed 2–9–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 03–4122; MB Docket No. 02–251,RM–

10315; MB Docket No. 02–254, RM–10550; 

MB Docket No. 02–370, RM–10612] 

Radio Broadcasting Services; Big 

Lake, Muleshoe and Turkey, TX

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: This document grants three 

proposals that allot new FM channels to 

Muleshoe, Texas; Big Lake, Texas; and 

Turkey, Texas. The Audio Division 

allots, at the request of Linda Crawford, 

Channel 227C1 at Muleshoe, Texas, as 

the community’s second local FM 

service. See 67 FR 57203, September 9, 

2002. Channel 227C1 can be allotted to 

Muleshoe, Texas, in compliance with 

the Commission’s minimum distance 

separation requirements with a site 

restriction of 35.8 km (22.3 miles) 

southwest of Muleshoe. The coordinates 

for Channel 227C1 at Muleshoe, Texas, 

are 34–02–03 North Latitude and 103–

02–08 West Longitude. A filing window 

for Channel 227C1 at Muleshoe, Texas, 

will not be opened at this time. Instead, 

the issue of opening this allotment for 

auction will be addressed by the 

Commission in a subsequent Order. See

SUPPLEMENTARY INFORMATION infra.

DATES: Effective March 1, 2004.

FOR FURTHER INFORMATION CONTACT:

Deborah Dupont, Media Bureau, (202) 

418–2180.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket Nos. 02–251, 02–

254, and 02–370, adopted December 31, 

2003, and released January 16, 2004. 

The full text of this Commission 

decision is available for inspection and 

copying during normal business hours 

in the FCC Information Center, Portals 

II, 445 12th Street SW., Room CY–A257, 

Washington, DC 20554. The complete 

text of this decision may also be 

purchased from the Commission’s 

duplicating contractor, Qualex 

International, Portals II, 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554, (202) 863–2893, facsimile (202) 

863–2898, or via e-mail 

qualexint@aol.com. 

The Audio Division further allots, at 

the request of Linda Crawford, Channel 

296C2 at Big Lake, Texas, as the 

community’s fourth local FM service. 

See 67 FR 57203, September 9, 2002. 

Channel 296C2 can be allotted to Big 

Lake, Texas, in compliance with the 

Commission’s minimum distance 

separation requirements with a site 

restriction of 26.9 km (16.7 miles) south 

of Big Lake. The coordinates for 

Channel 296C2 at Big Lake, Texas, are 

30–57–18 North Latitude and 101–23–

48 West Longitude. A filing window for 

Channel 296C2 at Big Lake, Texas, will 

not be opened at this time. Instead, the 

issue of opening this allotment for 

auction will be addressed by the 

Commission in a subsequent Order. 

The Audio Division further allots, at 

the request of Linda Crawford, Channel 

269A at Turkey, Texas, as the 

community’s second local FM service. 

See 67 FR 78402, December 24, 2002. 

Channel 269A can be allotted to Turkey, 

Texas, in compliance with the 

Commission’s minimum distance 

separation requirements with a site 

restriction of 14.5 km (9.0 miles) 

southwest of Turkey. The coordinates 

for Channel 269A at Turkey, Texas, are 

34–17–32 North Latitude and 100–59–

52 West Longitude. A filing window for 

Channel 269A at Turkey, Texas, will not 

be opened at this time. Instead, the issue 

of opening this allotment for auction 

will be addressed by the Commission in 

a subsequent Order.

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting.

■ Part 73 of title 47 of the Code of Federal 

Regulations 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 Texas, is amended by 

adding Channel 227C1 at Muleshoe, 

Channel 296C2 at Big Lake, and Channel 

269A at Turkey.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–2837 Filed 2–9–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 03–4121, MM Docket No. 96–100; RM–

9963] 

Radio Broadcasting Services; Amherst 

and Lynchburg, VA

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: At the request of Greater 

Lynchburg Stereo Broadcasters, this 

document allots Channel 229A to 

Lynchburg, Virginia, and denies a 

proposal to allot Channel 294A to 

Amherst, Virginia. See 65 FR 59164, 

published October 4, 2000. The 

reference coordinates for the Channel 

229A allotment at Lynchburg, Virginia, 

are 37–21–33 and 79–09–37.

DATES: Effective March 1, 2004.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Media Bureau (202) 418–

2177.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order in MM Docket No. 96–100, 

adopted December 31, 2003, and 

released January 16, 2004. The full text 

of this decision is available for 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY–

A257, 445 12th Street SW., Washington, 

DC. The complete text of this decision 

may also be purchased from the 

Commission’s copy contractor, Qualex 

International, Portals ll, 445 12th Street 

SW., Room CY–B402, Washington, DC 

20554, telephone (202) 863–2893, 

facsimile (202) 863–2898, or via e-mail 

qualexint@aol.com.

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting.

■ Part 73 of title 47 of the Code of Federal 

Regulations 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.

Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Rules and Regulations 6195

§ 73.202 [Amended]

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

Allotments under Virginia, is amended 

by adding Channel 229A at Lynchburg.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–2836 Filed 2–9–04; 8:45 am] 

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs 

Administration 

49 CFR Parts 107, 171, 176, and 177 

[Docket No. RSPA–03–14982 (HM–232C)] 

RIN 2137–AD79 

Hazardous Materials: Enhancing 

Hazardous Materials Transportation 

Security

AGENCY: Research and Special Programs 

Administration (RSPA), DOT.

ACTION: Final rule.

SUMMARY: This final rule revises the 

procedures for applying for an 

exemption from the Hazardous 

Materials Regulations, adopted in an 

interim final rule published May 5, 

2003, to require certain applicants to 

certify compliance with provisions of 

the Safe Explosives Act. In addition, 

this final rule adopts without change 

provisions in the interim final rule that 

require motor carriers and vessel 

operators to comply with applicable 

licensing requirements for drivers and 

crewmen, respectively.

EFFECTIVE DATE: This final rule is 

effective March 11, 2004.

FOR FURTHER INFORMATION CONTACT:

Susan Gorsky, (202) 366–8553, Office of 

Hazardous Materials Standards, 

Research and Special Programs 

Administration.

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 5, 2003, the Research and 

Special Programs Administration 

(RSPA, we) published an interim final 

rule (IFR) to enhance hazardous 

materials transportation security (68 FR 

23832). The IFR described the current 

system of regulations applicable to the 

transportation of hazardous materials in 

commerce, and reviewed Department of 

Transportation (DOT) activities to 

enhance the security of hazardous 

materials shipments. In addition, the 

rule summarized the requirements of 

the Uniting and Strengthening America 

by Providing Appropriate Tools 

Required to Intercept and Obstruct 

Terrorism Act (USA PATRIOT Act; Pub. 

L. 107–56, October 25, 2001, 115 Stat. 

272) and regulations adopted by the 

Transportation Security Administration 

(TSA) and the Federal Motor Carrier 

Safety Administration (FMCSA) to 

implement the background check 

provisions of the Act. Further, the IFR 

described actions taken by the Federal 

Aviation Administration (FAA), TSA, 

and the U.S. Coast Guard to address 

security issues associated with the 

transportation of hazardous materials by 

air and vessel. The IFR also 

incorporated into the Hazardous 

Materials Regulations (HMR; 49 CFR 

parts 171–180) a requirement that 

shippers and transporters of hazardous 

materials comply with applicable 

Federal security regulations and revised 

the procedures for applying for an 

exemption from the HMR to require 

applicants to certify compliance with 

applicable Federal transportation 

security laws and regulations. Finally, 

DOT, in consultation with TSA, 

determined that these regulations 

adequately address the security risks 

posed by persons engaged in the 

transportation of explosives in 

commerce, and, accordingly, the 

provisions of 18 U.S.C. 842(i), which 

address categories of persons who are 

prohibited from possessing explosives, 

do not apply to persons while they are 

engaged in the transportation of 

explosives in commerce by motor 

carrier, aircraft, or vessel. 

II. Response to Comments Received on 

IFR 

We received six comments on the 

IFR—from the Institute of Makers of 

Explosives (IME), the Dangerous Goods 

Advisory Council (DGAC), the 

Pennsylvania Department of 

Transportation (Pennsylvania DOT), the 

Texas Department of Public Safety 

(Texas), Transportation Trades 

Department (TTD), and a joint comment 

from the Wisconsin Federation of 

Cooperatives and the Minnesota 

Association of Cooperatives (WisconsinMinnesota Cooperatives). These 

comments are summarized below. 

In response to the comments 

submitted, we are revising the 

procedures adopted in the IFR for 

persons applying for an exemption to 

transport certain explosives in 

commerce by aircraft. The revisions are 

minor and do not affect the security 

risks posed by such transportation. 

Therefore, the determinations made in 

the IFR concerning the applicability of 

18 U.S.C. 842(i) to the transportation of 

explosives in commerce continue in 

effect. 

A. Comments Beyond the Scope of the 

HM–232C Rulemaking 

The May 5, 2003 IFR amended Part 

177 of the HMR to require motor carriers 

who transport hazardous materials in 

commerce to comply with Part 383 of 

the Federal Motor Carrier Safety 

Regulations (FMCSRs). Part 383 

establishes commercial driver license 

requirements. On May 5, 2003, TSA 

published regulations to establish 

procedures for making determinations 

as to whether an individual poses a 

security threat warranting denial of a 

hazardous materials endorsement for a 

commercial driver’s license (interim 

final rule; 68 FR 23851). Also on May 

5, 2003, FMCSA amended Part 383 to 

prohibit states from issuing a 

commercial driver’s license with a 

hazardous materials endorsement unless 

the Attorney General has conducted a 

background records check of the 

applicant and TSA has determined that 

the applicant does not pose a security 

threat warranting denial of the 

hazardous materials endorsement 

(interim final rule; 68 FR 23843). 

Wisconsin-Minnesota Cooperatives, 

Texas, and TTD express concern about 

various aspects of the background check 

requirements in the TSA and FMCSA 

regulations. These comments are 

beyond the scope of this rulemaking. 

We have placed the comments in the 

appropriate TSA and FMCSA dockets to 

be addressed as those agencies finalize 

the interim final rules they adopted on 

May 5, 2003. 

The FMCSA IFR amended Part 383 of 

the FMCSRs to require commercial 

drivers of motor vehicles used to 

transport select agents regulated by the 

Centers for Disease Control and 

Prevention under 42 CFR part 73 to 

obtain a commercial driver’s license 

with a hazardous materials 

endorsement. Pennsylvania DOT 

suggests that motor vehicles used to 

transport select agents should be 

placarded. Again, this comment is 

beyond the scope of this rulemaking. 

We considered whether placarding for 

certain infectious substances should be 

required under Docket HM–226 

(ANPRM published September 2, 1998, 

63 FR 46843; NPRM published January 

22, 2001, 66 FR 6941; final rule 

published August 14, 2002, 67 FR 

53118). For the reasons outlined in the 

HM–226 NPRM (66 FR 6946), we 

determined that current hazard 

communication requirements for 

infectious substances shipments are 

sufficient to enable transportation 

workers and emergency response