17218 Federal Register / Vol. 72, No. 66 / Friday, April 6, 2007 / Notices 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2006–27393] 

Agency Information Collection 

Activities; Request for Comments; 

Notice of Intent To Survey Motor 

Carriers Operating Small PassengerCarrying Commercial Motor Vehicles 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, 

FMCSA announces that its Information 

Collection Request (ICR) described 

below has been sent to the Office of 

Management and Budget (OMB) for 

review and approval. The ICR describes 

a proposed collection activity involving 

all motor carriers who operate small 

passenger-carrying commercial motor 

vehicles (CMVs) and its expected cost 

and burden. A Federal Register notice 

allowing for a 60-day comment period 

on the ICR was published on December 

8, 2006. FMCSA received four 

comments to this docket, but only one 

of those comments addressed the 

information collection process set forth 

in this notice. This comment was 

considered during the development of 

the survey for this information 

collection. 

DATES: Comments must be submitted on 

or before May 7, 2007. OMB must 

receive your comments by this date to 

act quickly on the request. 

ADDRESSES: Send comments to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, 725 Seventeenth Street, NW., 

Washington, DC 20503, Attention: DOT/ 

FMCSA Desk Officer. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Peter Chandler, Federal Motor Carrier 

Safety Administration, Office of 

Enforcement and Compliance, 

Commercial Passenger Carrier Safety 

Division, Washington, DC 20590, phone 

(202) 366–5763, fax (202) 366–3621, email peter.chandler@dot.gov. Office 

hours are from 8 a.m. to 4 p.m., e.t., 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: Section 

212 of the Motor Carrier Safety 

Improvement Act of 1999 (MCSIA) [Pub. 

L. 106–159, 113 Stat. 1748, 1766 

(December 9, 1999)] expanded FMCSA’s 

statutory authority to ensure the safe 

operation of small passenger vehicle 

carriers operating in long-haul, 

interstate transportation. In response to 

this congressional mandate, FMCSA 

published a final rule in the Federal 

Register (68 FR 47860; August 12, 2003) 

entitled, ‘‘Safety Requirements for 

Operators of Small Passenger-Carrying 

Commercial Motor Vehicles Used in 

Interstate Commerce,’’ to require motor 

carriers operating CMVs, designed or 

used to transport between 9 and 15 

passengers (including the driver), in 

interstate commerce, to comply with 

parts 391 through 396 of the Federal 

Motor Carrier Safety Regulations 

(FMCSRs) when they are directly 

compensated for such services, and the 

vehicle is operated beyond a 75 air-mile 

radius from the driver’s normal workreporting location. As a result of the 

2003 rule, these motor carriers are now 

subject to the same safety requirements 

as motor coach operators, except for the 

commercial driver’s license (CDL), and 

controlled substances and alcohol 

testing regulations. Affected motor 

carriers were required to be in 

compliance with such regulations by 

December 10, 2003 (see 68 FR 61246; 

date of publication October 27, 2003). 

Section 4136 of the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy For Users (SAFETEA–LU) 

[Public Law 109–59, 119 Stat. 1144, 

1745 (Aug. 10, 2005)] directed FMCSA 

to remove the 75 air-mile radius 

standard set forth in MCSIA. This 

congressional mandate or change would 

result in a greater number of motor 

carriers that operate small passengercarrying CMVs being subject to the 

FMCSRs. To effectively inform this 

segment of the motor carrier passenger 

industry of the regulatory requirements 

that they will be subject to, and to assist 

the agency in administering an effective 

educational outreach program to this 

entire industry segment, FMCSA 

intends to conduct a survey to obtain 

information about all of these motor 

passenger carrier operations. 

Because certain motor carriers that 

operate small passenger-carrying CMVs 

will have new regulatory requirements 

as a result of the section 4136 provision 

of SAFETEA–LU, FMCSA wants to 

learn more about the safety and/or 

regulatory compliance challenges of this 

industry segment. There is no motor 

carrier industry association that is 

comprised mostly of companies that 

primarily operate between 9–15 

passenger-carrying commercial motor 

vehicles. This makes obtaining 

information about this industry segment 

more difficult and necessitates the 

assistance of a researcher to obtain 

information needed by FMCSA to 

effectively provide outreach to these 

passenger carriers. FMCSA will obtain a 

research contractor to collect 

information about motor carriers with 

small passenger-carrying CMV 

operations. The research contractor will 

collect information through 

approximately 50 telephone interviews 

and 8 site visits at places of business. A 

copy of the telephone survey instrument 

was placed in the docket. Information 

obtained from the study will provide 

insight into the common safety and 

regulatory compliance challenges facing 

motor carriers with small passengercarrying CMV operations. Such 

information will also be utilized by 

FMCSA to develop educational outreach 

initiatives for the affected industry 

segment. It is appropriate that FMCSA 

connect with and inform this segment of 

the motor carrier industry of its 

regulatory compliance responsibilities 

before implementing an enforcement 

program. Any information obtained will 

help identify specific areas of regulatory 

compliance that are problematic for this 

industry segment. In addition, the 

questions of the telephone survey 

instrument address safety issues that 

preliminary research shows are 

pertinent to motor carriers with small 

passenger-carrying CMV operations. 

Useful information about these safety 

issues could be included in outreach 

materials for the benefit of the industry. 

The survey will also obtain needed 

insight about how to best provide and 

distribute information to the affected 

industry segment. 

Title: Survey of Motor Carriers with 

Small Passenger-Carrying CMV 

Operations. 

Type of Information Collection 

Request: New one-time survey/ 

information collection. 

Respondents: For-hire motor carriers 

that operate between 9–15 passengercarrying commercial motor vehicles in 

interstate commerce. 

Estimated Number of Respondents: 50 

motor carriers. 

Estimated Time per Response: 30 

minutes for each telephone survey. 

Frequency of Response: One time. 

Estimated Total Annual Burden: 25 

hours. The estimated total burden is 25 

hours for the information collection 

based upon an acceptable level of 

statistical significance and a confidence 

interval of 13.6 percent [(50 responses × 

30 minutes per response)/60 minutes = 

25 hours]. 

We particularly request comments on 

the necessity and usefulness of the 

information collection for the proper 

performance of the functions of FMCSA 

and specifically the regulatory oversight 

of small passenger-carrying commercial 

motor vehicle operations; the accuracy 

of the estimated burden of collected 


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Federal Register / Vol. 72, No. 66 / Friday, April 6, 2007 / Notices 17219 

information; suggestions to enhance the 

quality, utility, and clarity of the 

collected information; and suggestions 

to minimize the collection burden on 

respondents, including using automated 

collection techniques or other forms of 

information technology. 

Issued on: March 29, 2007. 

Rose A. McMurray, 

Chief Safety Officer, Assistant Administrator. 

[FR Doc. E7–6427 Filed 4–5–07; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–98–4470] 

Pipeline Safety: Meetings of the 

Technical Pipeline Safety Standards 

Committee and the Technical 

Hazardous Liquid Pipeline Safety 

Standards Committee 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), U.S. Department of 

Transportation (DOT). 

ACTION: Notice of canceled meetings and 

public workshop. 

SUMMARY: This notice cancels the 

Wednesday, April 25 and Thursday, 

April 26, 2007 meetings of PHMSA’s 

Technical Pipeline Safety Standards 

Advisory Committee (TPSSC) and 

Technical Hazardous Liquid Pipeline 

Safety Standards Committee (THLPSSC) 

and a public workshop. 

FOR FURTHER INFORMATION CONTACT: For 

additional information regarding this 

notice contact Cheryl Whetsel at (202) 

366–4431, or by e-mail at 

cheryl.whetsel@dot.gov. 

SUPPLEMENTARY INFORMATION: On 

February 12, 2007, the THLPSSC 

discussed a proposal to extend pipeline 

safety regulations to the unregulated 

hazardous liquid gathering lines and 

low stress pipelines, and potential 

changes to the proposal to address the 

requirements of the Pipeline Integrity, 

Protection, Enforcement and Safety Act 

of 2006. PHMSA expects to incorporate 

these changes into a supplemental 

notice of proposed rulemaking (SNPRM) 

within the next few weeks. PHMSA 

published a Federal Register notice on 

March 23, 2007 (72 FR 13559) which 

announced April meetings. The 

THLPSSC was to consider and vote on 

the SNPRM. PHMSA has decided an 

April meeting would not give the 

THLPSSC sufficient time to review the 

SNPRM. In addition, the THLPSSC 

would not have the benefit of viewing 

the public comments on the SNPRM. 

PHMSA will schedule a THLPSSC 

meeting later in the year to consider and 

vote on this rulemaking proposal. 

The other rulemaking item on the 

April agenda was a TPSSC meeting to 

consider and vote on a proposal to relax 

regulatory requirements governing 

public awareness programs conducted 

by operators of master meter systems 

and certain operators of petroleum gas 

systems. The proposal is a minor noncontroversial change to an existing 

rulemaking PHMSA will schedule a 

TPSSC telephone meeting later in the 

year to consider and vote on this 

rulemaking proposal. 

Lastly, PHMSA continues to evaluate 

reassessment intervals for gas integrity 

management programs. PHMSA may 

reschedule the public workshop 

canceled by this notice or decide on an 

alternative way to seek public input. 

Authority: 49 U.S.C. 60102, 60115. 

Issued in Washington, DC on March 30, 

2007. 

Jeffrey D. Wiese, 

Acting Associate Administrator for Pipeline 

Safety. 

[FR Doc. E7–6426 Filed 4–5–07; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–06–25735; Notice 2] 

Pipeline Safety: Grant of Waiver; 

Sabine Pass LNG 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA); U.S. Department of 

Transportation. 

ACTION: Grant of waiver; Sabine Pass 

LNG, L.P. 

SUMMARY: Sabine Pass LNG, L.P. 

(SPLNG) requested a waiver of 

compliance from the Federal pipeline 

safety regulation that requires liquefied 

natural gas (LNG) facilities constructed 

after March 31, 2000 to comply with the 

National Fire Protection Association’s 

Standard 59A (NFPA 59A), 2001 

Edition. The waiver specifically 

requested permission to use ultrasonic 

examination as an acceptable alternative 

non-destructive testing method for 

welds on LNG tanks. 

SUPPLEMENTARY INFORMATION: 

Background 

SPLNG requested a waiver from 

compliance of the Federal pipeline 

safety requirements at 49 CFR 193.2301 

for its facility at Cameron Parish, 

Louisiana. This regulation requires each 

LNG facility constructed after March 31, 

2000 to comply with 49 CFR part 193 

and NFPA Standard 59A, 2001 Edition. 

NFPA Standard 59A, 2001 Edition 

requires that welded containers 

designed for not more than 15 pounds 

per square inch gauge comply with the 

Eighth Edition, 1990, of American 

Petroleum Institute Standard 620 (API 

620), ‘‘Design and Construction of Large, 

Welded, Low-Pressure Storage Tanks 

(Appendix Q).’’ The Eighth Edition of 

API 620 requires inspection according 

to Appendix Q which calls for a full 

radiographic examination of all vertical 

and horizontal butt welds associated 

with the container. 

SPLNG is proposing to use the Tenth 

Edition, 2002, Addendum 1 of the 2004 

Edition of API 620 at its Cameron Parish 

LNG facility. This Tenth Edition allows 

ultrasonic examination as well as 

radiography as an acceptable alternative 

non-destructive testing method. SPLNG 

proposes to use ultrasonic examination, 

which consists of full semi-automated 

and manual ultrasonic examination 

using shear wave probes. The 

examination will also consist of a 

volumetric ultrasonic examination using 

a combination of creep wave probes and 

focused angled longitudinal wave 

probes. To allow ultrasonic examination 

in accordance with the most recent 

NFPA Standard 59A, 2006 Edition, a 

waiver is required. 

PHMSA considered SPLNG’s waiver 

request and published a notice in the 

Federal Register inviting interested 

persons to comment on whether a 

waiver should be granted (71 FR 56584; 

September 27, 2006). No comments 

were received. 

The NFPA issued a Tentative Interim 

Amendment to NFPA Standard 59A, 

2006 Edition, effective February 14, 

2006 (59A TIA06). This amendment 

incorporates API 620, Tenth Edition, 

2002, Addendum 1, 2004. The Tenth 

Edition adds ultrasonic examination as 

an acceptable method of non-destructive 

examination for welds. The proposed 

wording of the Tenth Edition 2002, 

Addendum 1, 2004 of API 620 deletes 

‘‘radiographic’’ inspection and replaces 

it with ‘‘complete’’ examination and 

defines ‘‘complete’’ examination as 

radiographic or ultrasonic examination. 

Decision: PHMSA finds that the use of 

ultrasonic examination in accordance 

with NFPA Standard 59A, 2006 Edition 

and 59A TIA06 is not inconsistent with 

pipeline safety and achieves an 

equivalent level of safety. Therefore, 

SPLNG’s request for waiver of 

compliance with § 193.2301 is granted, 

subject to the following conditions: (1) 


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