Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices 33555 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that as a result of the 

President’s major disaster declaration on 

06/07/2007, Private Non-Profit 

organizations that provide essential 

services of a governmental nature may 

file disaster loan applications at the 

address listed above or other locally 

announced locations. 

The following areas have been 

determined to be adversely affected by 

the disaster: 

Primary Counties: 

Atoka, Beckham, Blaine, Caddo, 

Comanche, Dewey, Ellis, Greer, 

Kay, Kiowa, Lincoln, Noble, 

Nowata, Okfuskee, Pottawatomie, 

Roger Mills, Seminole. 

The Interest Rates are: 

Percent 

Other (Including Non-Profit Organizations) with Credit Available 

Elsewhere ................................... 5.250 

Businesses And Non-Profit Organizations without Credit Available 

Elsewhere ................................... 4.000 

The number assigned to this disaster 

for physical damage is 10894. 

(Catalog of Federal Domestic Assistance 

Number 59008) 

Jane M. Pease, 

Acting Associate Administrator for Disaster 

Assistance. 

[FR Doc. E7–11706 Filed 6–15–07; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #10881 and #10882] 

South Dakota Disaster Number SD–

00012 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Amendment 2. 

SUMMARY: This is an amendment of the 

Presidential declaration of a major 

disaster for the State of South Dakota 

(FEMA–1702–DR), dated 05/22/2007. 

Incident: Severe Storms, Tornadoes 

and Flooding. 

Incident Period: 05/04/2007 and 

continuing through 06/08/2007. 

EFFECTIVE DATE: 06/08/2007. 

Physical Loan Application Deadline 

Date: 07/23/2007. 

EIDL Loan Application Deadline Date: 

02/22/2008. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: The notice 

of the President’s major disaster 

declaration for the State of South 

Dakota, dated 05/22/2007, is hereby 

amended to establish the incident 

period for this disaster as beginning 

05/04/2007 and continuing through 

06/08/2007. 

All other information in the original 

declaration remains unchanged. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Jane M. Pease, 

Acting Associate Administrator for Disaster 

Assistance. 

[FR Doc. E7–11681 Filed 6–15–07; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on the Interstate 81 Corridor 

Improvement Study in Virginia 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of Limitation on Claims 

for Judicial Review of Actions by 

FHWA. 

SUMMARY: This notice announces actions 

taken by the FHWA that are final within 

the meaning of 23 U.S.C. 139(l)(1). The 

actions relate to the Interstate 81 

Corridor Improvement Study in 

Virginia. The Federal actions, taken as 

a result of Tier 1 of a tiered 

environmental review process under the 

National Environmental Policy Act, 42 

U.S.C. 4321–4351 (NEPA), and 

implementing regulations on tiering, 40 

CFR 1502.20, 40 CFR 1508.28, and 23 

CFR 771, determined certain issues 

relating to the study. Those Tier 1 

decisions will be used by Federal 

agencies in subsequent tier proceedings, 

including decisions on whether to grant 

licenses, permits, and approvals for 

highway projects. The Tier 1 decisions 

may also be relied upon by State and 

local agencies in subsequent 

proceedings. 

DATES: By this notice, the FHWA is 

advising the public that it has made 

decisions that are subject to 23 U.S.C. 

139(l)(1) and are final with respect to 

Tier 1 within the meaning of that law. 

A claim seeking judicial review of the 

Tier 1 Federal agency decisions on the 

Interstate 81 Corridor Improvement 

Study will be barred unless the claim is 

filed on or before December 17, 2007. If 

the Federal law that authorizes judicial 

review of a claim provides a time period 

of less that 180 days for filing such 

claim, then that shorter time period still 

applies. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Simkins, I–81 Corridor 

Environmental Project Manager, Federal 

Highway Administration, 400 North 8th 

Street, Suite 750, Richmond, Virginia 

23219–4825; telephone: (804) 775–3342; 

e-mail: John.Simkins@dot.gov. The 

FHWA Virginia Division Office’s normal 

business hours are 7 a.m. to 5 p.m. 

(eastern time). For the Virginia 

Department of Transportation: Mr. Chris 

Collins, Project Studies Manager, 

Virginia Department of Transportation, 

1401 East Broad Street, Richmond, 

Virginia 23219; telephone (804) 225–

4249; e-mail: 

CG.Collins@VirginiaDOT.org. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that FHWA has issued a 

Tier 1 Final Environmental Impact 

Statement and Tier 1 Record of Decision 

for the Interstate 81 Corridor 

Improvement Study in Virginia. 

Decisions in the Tier 1 Record of 

Decision include the following: 

1. Improvement concept to be 

advanced; 

2. Advancing I–81 as a toll pilot 

facility under Section 1216(b) of the 

Transportation Equity Act of the 21st 

Century (TEA–21); 

3. Projects with independent utility 

and logical termini to be studied in Tier 

2; 

4. Types of Tier 2 NEPA document(s); 

5. Location of the corridor for 

studying alignments in Tier 2; and 

6. Possible purchase of certain rightof-way parcels on a case-by-case basis. 

Interested parties may consult the 

Tier 1 Record of Decision and Tier 1 

Final Environmental Impact Statement 

for further information on each of the 

decisions described above. 

The Tier 1 actions by FHWA, and the 

law under which such actions were 

taken, are described in the Tier 1 Final 

Environmental Impact Statement 

approved March 21, 2007, the Tier 1 

Record of Decision issued June 6, 2007, 

and in other documents in the FHWA 

project records. The Tier 1 Final 

Environmental Impact Statement, the 

Tier 1 Record of Decision, and other 

documents in the FHWA project records 

are available by contacting the FHWA or 

the Virginia Department of 

Transportation at the address provided 

above. The Tier 1 Final Environmental 

Impact Statement and Tier 1 Record of 


jlentini on PROD1PC65 with NOTICES
33556 Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices 

1The statutory amendment required a change to 

the released rates authorization. See Released Rates 

of Motor Common Carriers of Household Goods, 

Amendment No. 4 to Released Rates Decision No. 

MC–999 (STB served June 13, 2007). As noted in 

that decision, we construe the new statutory default 

level of liability as the equivalent of what formerly 

was the FVP option. 

Decision are also available online at 

http://www.I-81.org. 

This notice applies to all FHWA Tier 

1 decisions that are final within the 

meaning of 23 U.S.C. 139(l)(1) as of the 

issuance date of this notice and all laws 

under which such actions were taken, 

including: 

1. General: National Environmental 

Policy Act (NEPA) [42 U.S.C. 4321–

4351]. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Authority: 23 U.S.C. 139(l)(1). 

Issued On: June 12, 2007. 

John Simkins, 

I–81 Corridor Environmental Project Manager. 

[FR Doc. 07–2984 Filed 6–15–07; 8:45 am] 

BILLING CODE 4940–RY–M 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Amendment No. 5 to Released Rates 

Decision No. MC–999] 

Released Rates of Motor Common 

Carriers of Household Goods 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Request for comments on 

proposed changes to the authorization 

for motor common carriers of household 

goods to offer ‘‘released rates,’’ under 

which the carriers limit their liability to 

consumers for loss of or damage to the 

household goods transported. 

SUMMARY: The Board proposes, and 

seeks comment on, three changes to its 

released rates authorization, to enhance 

the protection of consumers whose 

household goods are damaged or lost by 

motor common carriers. 

DATES: Comments are due July 30, 2007. 

Reply comments (if any) are due August 

13, 2007. 

ADDRESSES: Send an original and 10 

copies of any comments, referring to 

Amendment No. 5 to Released Rates 

Decision No. MC–999, to: Surface 

Transportation Board, 395 E Street, SW., 

Washington, DC 20423–0001. 

FOR FURTHER INFORMATION CONTACT: 

Lawrence C. Herzig, (202) 245–0282. 

[Federal Information Relay Service 

(FIRS) for the hearing impaired: 1–800–

877–8339]. 

SUPPLEMENTARY INFORMATION: Prior to 

the enactment of the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (SAFETEA–LU), 

Pub. L. 109–59, 119 Stat. 1144 (2005), 

motor carriers of household goods 

(HHG) were generally held liable, under 

49 U.S.C. 14706, for the actual loss or 

injury they caused to the property they 

transported. Because most HHG are 

‘‘used,’’ the carrier’s liability was for the 

depreciated value of the goods. 

However, under 49 U.S.C. 14706(f), 

HHG carriers could, with the permission 

of the Board, limit their liability by 

offering ‘‘released rates,’’ under which a 

carrier’s liability is limited to a value 

established by written declaration of the 

shipper or by written agreement. The 

Board has authorized HHG carriers to 

offer released rates under certain terms 

and procedures. 

The Board’s current released rates 

orders—Released Rates of Motor 

Common Carriers of Household Goods, 

5 S.T.B. 1147 (2001), and Released 

Rates of Motor Common Carriers of 

Household Goods, Amendment No. 4 to 

Released Rates Decision No. MC–999 

(STB served Apr. 22, 2002, and July 26, 

2006)—authorize HHG carriers to limit 

their liability for damage to, or loss of, 

the goods in their care upon a written 

declaration of the shipper. Under these 

orders, HHG carriers could avoid the 

default cargo liability level by offering 

their shippers a choice of two 

alternative carrier-liability options 

based on the rate that the shipper agreed 

to pay for the transportation of its goods. 

Under one option, the carrier’s cargo 

liability is limited to 60 cents per pound 

per article (‘‘60-cents option’’) if the 

shipper writes a valuation of ‘‘60 cents 

per pound’’ on the bill of lading/ 

contract. In that event, the shipper pays 

only a base rate for the shipment. 

Alternatively, for an additional charge, 

the shipper may obtain ‘‘full value 

protection’’ for the shipped goods (the 

‘‘FVP option’’), meaning that the carrier 

is liable for the replacement value of the 

lost or damaged goods (up to the predeclared value of the shipment), or, at 

the carrier’s option, for restoring 

damaged goods to their prior condition. 

In section 4207 of SAFETEA–LU, 

Congress changed the statutorily 

prescribed, standard cargo liability of 

HHG carrier from the actual (i.e., 

depreciated) value of lost or damaged 

goods to the replacement value of those 

goods unless the shipper waives in 

writing that level of protection See 49 

U.S.C. 14706(f)(2), (3).1 Thus, the 

standard (or default) cargo liability of a 

HHG carrier is now the replacement 

value of the goods (for example, the 

value of a comparable new television to 

replace a used television that was lost 

in a household move, rather than the 

depreciated value of the used 

television). 

Also in SAFETEA–LU, at section 

4215, Congress directed the Board to 

review the current Federal regulations 

regarding the level of cargo liability 

protection provided by motor carriers 

that transport HHG and to revise the 

regulations, if necessary, to provide 

enhanced protection in the case of loss 

or damage. After receiving public 

comments, the Board published its 

review in Review of Liability of Motor 

Common Carriers of Household Goods, 

STB Ex Parte No. 662 (Review) (STB 

served Aug. 9, 2006). 

In the Review proceeding, the 

Consumer Protection Division of the 

Office of the Attorney General of 

Maryland (Consumer Protection 

Division) suggested ways to condition 

the released rates authorization to 

enhance consumer protection. We 

propose to adopt the Consumer 

Protection Division’s two suggested 

changes, and ask for comment on those 

two proposed changes as well as a third 

proposed change. In addition, we invite 

suggestions on any other conditions that 

could help to ensure that consumers 

understand the consequences of 

selecting the 60-cents option when 

shipping their HHG. 

Requiring All Shipping Documents to 

Include Full Value Protection. The 

Consumer Protection Division indicated 

that each year it receives complaints 

from consumers who did not know that 

they had shipped their goods under the 

60-cents option until they filed claims 

with the moving company for property 

that was lost, stolen, or damaged during 

the move. According to the Consumer 

Protection Division, moving companies 

often include in their basic moving 

contract a waiver of the consumer’s 

right to FVP, and consumers sign 

contracts without understanding that 

they are agreeing to limit the moving 

company’s liability. 

As suggested by the Consumer 

Protection Division, the Board proposes 

to require moving companies to provide, 

in any order for service, contract form, 

or bill of lading, a provision for, and a 

written estimate of, the cost of the move 

under FVP. If the moving company 

provides only the required estimate at 

FVP and the shipper accepts, the 

shipper will have the standard 


jlentini on PROD1PC65 with NOTICES