24820 Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Proposed Rules

Section 201 of the Communications

Satellite Act of 1962, 47 U.S.C. 721(c).

D. Reporting, Recordkeeping and Other

Compliance Requirements

The proposed policy changes will not

create additional burdens on the public.

E. Federal Rules That Overlap,

Duplicate or Conflict With These Rules

None.

F. Description, Potential Impact, and

Number of Small Entities Involved

The proposed policy changes

discussed in this Notice of Proposed

Rulemaking will enhance service

options and price competition for any

small businesses involved in the

provision of international

telecommunications services via U.S.-

licensed satellites.

G. Any Significant Alternatives

Minimizing the Impact on Small Entities

Consistent with the Stated Objectives

The Notice solicits comment on

proposed policy changes necessary to

achieve Commission objectives. Any

significant alternatives may be set forth

in comments to this Notice.

Comment Dates

Pursuant to applicable procedures set

forth in §§ 1.415 and 1.419 of the

Commission’s Rules, 47 CFR 1.415 and

1.419, interested parties may file

comments on or before June 8, 1995 and

reply comments on or before June 23,

1995. To file formally in this

proceeding, you must file an original

and four copies of all comments, reply

comments, and supporting comments. If

you want each Commissioner to receive

a personal copy of your comments, you

must file an original plus nine copies.

You should send comments and reply

comments to: Office of the Secretary,

Federal Communications Commission,

Washington, DC 20554. Comments and

reply comments will be available for

public inspection during regular

business hours in the F.C.C. Reference

Center (Room 239) of the Federal

Communications Commission, 1919 M

St., NW., Washington, DC 20554.

Ordering Clauses

16. Accordingly, it is ordered That

NOTICE IS HEREBY GIVEN of the

proposed regulatory action described

above and that COMMENT IS SOUGHT

on the proposals in this Notice.

17. This action is taken pursuant to

Sections 4 and 303(r) of the

Communications Act of 1934, as

amended, 47 U.S.C. 154, 303(r), and

Section 201(c) of the Communications

Satellite Act of 1962, 47 U.S.C. 721(c).

18. For further information on this

Notice contact John M. Coles, Attorney,

(202) 739–0731.

List of Subjects in 47 CFR Part 25

Communications common carriers,

Radio, Satellites.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95–11286 Filed 5–9–95; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 383

[FHWA Docket No. MC–95–16]

Commercial Driver’s License; Waiver

for Pyrotechnics Industry; Request for

Comments

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Notice of petition; request for

comment.

SUMMARY: The FHWA is requesting

public comment on a petition submitted

by the pyrotechnics industry on March

6, 1995, for relief from the requirements

of the commercial driver’s license

regulations (CDL) (49 CFR Part 383).

The FHWA is proposing to authorize

waivers for certain drivers transporting

fireworks to displays during the period

of Independence Day celebrations from

the CDL testing and licensing standards.

The drivers to be covered by these

waivers are part-time drivers who have

an otherwise valid driver’s license, as

well as licenses or permits issued by

applicable State or local agencies

certifying that they are approved

pyrotechnic operators. A waiver issued

by a State under this proposal would

only authorize the transportation of less

than 500 pounds of fireworks classified

as DOT Class 1.3G explosives, from June

30 through July 6 of each year, provided

that the vehicles operated have gross

vehicle weight ratings (GVWR) of less

than 10,001 pounds and are operated

within 300 miles of the sites of origin.

The FHWA requests public comment on

whether, if granted, the proposed grant

of waiver authority would be contrary to

the public interest or diminish the safe

operation of commercial motor vehicles.

DATES: Comments must be received on

or before June 9, 1995.

ADDRESSES: All signed, written

comments should refer to the docket

number that appears at the top of this

document and should be submitted to

the Federal Highway Administration,

Room 4232, Office of Chief Counsel,

HCC–10, 400 Seventh Street SW.,

Washington, DC 20590–0001.

All comments received will be available for

examination at the above address from 8:30

a.m. to 3:30 p.m., e.t., Monday through

Friday, except Federal holidays. Commenters

who want to be notified that the FHWA

received their comments should include a

self-addressed, stamped postcard.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert Redmond, Office of Motor

Carrier Standards, (202) 366–4001, or

Mr. Raymond W. Cuprill, Office of the

Chief Counsel, HCC–20, (202) 366–0834,

Federal Highway Administration,

Department of Transportation, 400

Seventh Street, SW., Washington, DC

20590–0001. Office hours are from 7:45

a.m. to 4:15 p.m., e.t., Monday through

Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

The Commercial Driver’s License

(CDL) regulations, issued pursuant to

the Commercial Motor Vehicle Safety

Act of 1986 (Title XII, Pub. L. 99–570,

100 Stat. 3207, 3207–170) (49 U.S.C.

31502), are found at 49 CFR Part 383

(1994). Section 383.23 of the regulations

sets forth the general rule that no person

shall operate a commercial motor

vehicle (CMV) unless such person: (1)

Has taken and passed a knowledge test

and, if applicable, a driving test, which

meets Federal standards, and (2)

possesses a CDL, which is evidence of

having passed the required tests. These

Federal standards ensure that drivers of

a CMV: (1) Have a single driver’s license

and a single driving record, (2) are

tested for the knowledge and skills

needed to drive a vehicle representative

of the vehicle that they will be licensed

to drive, and (3) are disqualified from

driving a CMV when convicted of

certain criminal or traffic violations.

Drivers operating commercial motor

vehicles that haul hazardous materials

are also required to take and pass

specialized tests for specific

endorsements to their licenses.

The term ‘‘commercial motor vehicle’’

is defined to include, a motor vehicle:

(1) With a gross combination weight

rating of 26,001 or more pounds

inclusive of a towed unit with a GVWR

of more than 10,000 pounds; or

(2) With a GVWR of 26,001 or more

pounds; or

(3) Designed to transport 16 or more

passengers, including the driver; or

(4) Used in the transportation of

quantities of hazardous materials which

require the vehicle to be placarded

under the Hazardous Materials

Transportation Regulations (49 CFR part

172, subpart F). 49 CFR 383.5 (1994).
Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Proposed Rules 24821

1The FHWA had denied a petition for a CDL

waiver filed by the American Pyrotechnics

Association. In the Matter of American Pyrotechnics

Association, Petition No. 91–03, May 3, 1991. See

also, Administrator Larson’s letter dated July 5,

1991, denying the American Pyrotechnics

Association’s request for reconsideration.

CDL Waivers

Section 12013 of the Commercial

Motor Vehicle Safety Act of 1986 (the

Act) authorizes the Secretary of

Transportation to waive any class of

drivers or vehicles from any or all of the

provisions of the Act or the

implementing regulations if the

Secretary determines that the waiver is

not contrary to the public interest and

does not diminish the safe operation of

commercial motor vehicles. The

regulatory procedures governing the

issuance of waivers are found at 49 CFR

383.7 (1994).

The FHWA has granted a CDL waiver

to military personnel operating military

vehicles and has authorized the States

to waive certain farmers, firefighters and

operators of emergency equipment in

implementing the CDL regulations. See

53 FR 37313, September 26, 1988. In

addition, the agency also authorized the

States to waive, at their option,

employees of farm-related service

industries (custom harvesters, retail

outlets and suppliers, agri-chemical

businesses, and livestock feeders) from

the CDL knowledge and skill testing

requirements, and issue these

employees restricted CDLs for a

seasonal period or periods not to exceed

a total of 180 days in any 12-month

period, subject to certain conditions.

See 57 FR 13650, April 17, 1992.

Petition

The American Pyrotechnics

Association, a non-profit group

representing the pyrotechnics industry,

has petitioned the FHWA to reconsider

its previous determinations,1 and grant

a CDL waiver to part-time drivers

involved in fireworks displays.

Petitioner asserts that the requested

waiver would only be available to parttime employees who drive small

vehicles containing limited quantities of

fireworks over short distances within a

period of seven days. All permanent

fireworks employees have obtained

CDLs as part of their job requirements.

Moreover, all part-time employees

falling within this proposed waiver

would be required to complete

fireworks-specific training pursuant to

49 CFR 172.700 et seq.

Petitioner argues that the waiver is

necessary because, since

implementation of the CDL rule in 1992,

the fireworks industry has faced serious

problems in delivering small fireworks

displays to customers located in remote

areas. In order to respond to thousands

of requests by Fourth of July celebrants,

such as small townships, the companies

must rely on part-time drivers who not

only drive to the display sites, but also

handle and discharge the fireworks.

Most such technicians work full-time at

other jobs, but return each year to the

fireworks industry because of their

interest in fireworks displays and the

opportunity to earn extra money.

Petitioner claims that these individuals

would not go through the trouble and

expense of obtaining a CDL, which

would require preparation for irrelevant

endorsement examinations that cover all

hazardous materials, in part because

they do not receive sufficient

compensation to make the effort

worthwhile. Moreover, these are not

professional commercial drivers

transporting hazardous materials, but

persons who derive their livelihood

from other professions, typically school

teachers, and are involved in the

fireworks business for several days

every year. Due to the extensive use of

such seasonal employees by the

fireworks industry to meet the peak

demands of the Fourth of July season,

Petitioner asserts that the proposed

waiver would alleviate the need for

those employees to obtain a CDL, while

still requiring that they meet extensive

Federal safety and local licensing

requirements specific to the transport

and handling of fireworks.

In addition, the transportation of

fireworks for displays in small

communities is provided by vehicles,

generally having a GVWR of less than

10,001 pounds, for which a CDL would

not be required but for the hazardous

nature of the cargo. The vehicles are

largely pickup trucks and vans for

which no special vehicle operation

skills are required. Consequently, the

Petitioner has narrowed the waiver

request to include only the following:

1. Part-time drivers, to be defined as

drivers over 21 years of age working no

more than seven days per year in the

pyrotechnics industry;

2. Drivers must be operating under the

appropriate license or approval as a

pyrotechnic operator issued by State or

local authority having jurisdiction in

accordance with State fireworks law;

3. Drivers will operate within a 300

mile radius of the driver’s work

reporting location;

4. Vehicles must have a GVWR less

than 10,001 pounds;

5. Vehicles must be carrying 500 or

less pounds of Class 1.3G explosives;

6. Driver must carry documentation

certifying that he/she has received

fireworks-specific transportation safety

training required under 49 CFR Part

172, subpart H; and

7. Driver must carry a certificate

indicating that his/her driving record

has been investigated by the fireworks

company offering the fireworks for

transportation, and the driver has not

been found guilty of a ‘‘serious traffic

violation’’ as defined in 49 CFR Part 383

during the preceding 12 months.

Copies of this and previous petitions

filed by the American Pyrotechnics

Association and other members of the

pyrotechnics industry are being

included in the docket established by

this notice and may be examined by the

public.

Proposed Waiver

In order to provide relief to the

pyrotechnics industry, the FHWA is

proposing to authorize limited waivers

to be granted by States, at their

discretion, from the CDL testing and

licensing standards, without

jeopardizing Federal funds. These

waivers could be granted to certain parttime drivers involved in the

transportation of fireworks to

pyrotechnic display sites, and would

relieve those drivers from the

requirement to obtain a hazardous

materials endorsement and

consequently from any requirement to

obtain a CDL.

The proposed waiver authority would

be subject to the following conditions:

(1) Drivers covered—Applicants must

be 21 years of age and hold a valid

operator’s license, and drive solely on a

part-time basis for the pyrotechnics

industry. The term ‘‘part-time driver’’ as

used herein, refers to drivers working

for the pyrotechnics industry for no

more than 7 consecutive days per year

(June 30 through July 6) and involved in

the transportation of fireworks to be

used in pyrotechnics displays.

Applicants must also hold a State or

local permit or license issued by State

or local authority having jurisdiction in

accordance with State fireworks law and

must carry documentation certifying

that he/she has received fireworksspecific transportation safety training

pursuant to 49 CFR 172.700 et seq. The

State or local permit or license and the

certificate of training will substitute for

an otherwise required CDL during the

period of the waiver, in order to allow

State enforcement of the CDL

requirements.

(2) Duration—Waivers from the CDL

requirements would only be valid for

the period from June 30 through July 6.

(3) Materials—Waivers would

authorize the transportation of only 500

or less pounds of fireworks classified as

DOT Class 1.3G explosives.
24822 Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Proposed Rules

(4) Vehicles—Waivers would be

limited to the operation of Group C

vehicles, as defined in 49 CFR 383.91,

provided that the vehicle operated has

a GVWR of less than 10,001 pounds.

(5) Area—Waivers would be granted

to operate the vehicles described above

within a 300-mile radius from the

driver’s work reporting location.

Neighboring States may recognize such

waivers provided the driver and the

vehicle are operating within the 300-

mile radius.

(6) Convictions—Waivers would only

be granted to drivers who have not been

convicted of a ‘‘serious traffic violation’’

as defined in 49 CFR 383.5, in any type

of motor vehicle during the preceding

12 month period.

The Petitioner claims that the

conditions and restrictions imposed on

the grant of waiver authority will ensure

that the safe operation of CMVs is not

diminished. Drivers participating in the

waiver program would be part-time nonprofessional drivers, operating vehicles

that would not be considered CMVs

except for the nature of the cargo. These

drivers would be required to have a

good driving record and would be

licensed, knowledgeable and trained in

the handling of the hazardous materials

to be carried. It also appears that the

waiver restrictions related to driver

documentation, duration, and area of

operation (mileage) will ensure that

implementation, regulation and

enforcement of the waivers’

requirements by the States is not unduly

burdensome. Moreover, the final

decision on whether to implement a

waiver program will rest with the States.

Request for Public Comment

The FHWA is requesting specific

views, information, and data that it

should consider when determining

whether or not the proposed waiver

would be contrary to the public interest

or would diminish the safe operation of

CMVs. Commenters are strongly

encouraged to provide any additional

facts or views pertaining to the

proposed waiver.

(Title XII of Pub. L. 99–570, 100 Stat. 3207–

170; 49 U.S.C. 31502; 49 U.S.C. 31136; 49

CFR 1.48; 49 CFR 383.7; 23 U.S.C. 315)

Issued on: May 4, 1995.

Rodney E. Slater,

Federal Highway Administrator.

[FR Doc. 95–11469 Filed 5–9–95; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 673

[Docket No. 950428123-5123-01; I.D.

042595A]

RIN 0648–AIOO

Scallop Fishery off Alaska; Closure of

Federal Waters to Protect Scallop

Stocks

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes regulations to

implement a Fishery Management Plan

for the Scallop Fishery Off Alaska

(FMP). The FMP would specify the

long-term optimum yield (OY) for the

scallop fishery in Federal waters off

Alaska as a numerical range of 0–1.1

million lbs (0–499 metric tons (mt)) of

shucked scallop meats. The only

management measure authorized under

the FMP would be an interim closure of

Federal waters off Alaska to fishing for

scallops. The closure of Federal waters

would remain effective for up to 1 year

and is necessary to prevent overfishing

of scallop stocks during the period of

time an alternative FMP is prepared that

would allow the controlled harvest of

scallops in Federal waters. This action

is intended to promote the objective of

preventing overfishing of the scallop

resource that could otherwise result

from unregulated fishing for scallops in

Federal waters.

DATES: Comments must be received by

June 19, 1995.

ADDRESSES: Comments must be sent to

Ronald J. Berg, Chief, Fisheries

Management Division, Alaska Region,

NMFS, 709 West 9th Street, Juneau, AK

99801, or P.O. Box 21668, Juneau, AK

99802, Attention: Lori J. Gravel. Copies

of the proposed FMP and the

Environmental Assessment/Regulatory

Impact Review/Initial Regulatory

Flexibility Analysis (EA/RIR/IRFA)

prepared for the FMP may be obtained

from the same address.

FOR FURTHER INFORMATION CONTACT:

Susan Salveson, 907–586–7228.

SUPPLEMENTARY INFORMATION:

Background

The scallop resource off Alaska has

been commercially exploited for almost

30 years. Weathervane scallop stocks off

Alaska were first commercially explored

by a few vessels in 1967. The fishery

grew rapidly over the next 2 years with

about 19 vessels harvesting almost 2

million lbs (907 mt) of shucked meat.

Since then vessel participation and

harvests have fluctuated greatly, but

have remained below the peak

participation and harvests experienced

in the late 1960’s. Between 1969 and

1991, about 40 percent of the annual

scallop harvests came from waters of the

State of Alaska (State). Since 1991,

Alaska scallop harvests have

increasingly occurred in Federal waters.

In 1994, only 14 percent of the 1.2

million lbs (544 mt) landed were

harvested in State waters, with the

remainder harvested in Federal waters

off Alaska.

The State has managed the scallop

fishery in State and Federal waters,

consistent with section 306(a)(3) of the

Magnuson Fishery Conservation and

Management Act (16 U.S.C. 1801 et seq.)

(Magnuson Act), which indicates that a

state may regulate any fishing vessel

outside state waters, if the vessel is

registered under the laws of that state.

The North Pacific Fishery Management

Council (Council) had until recently

concluded that the scallop management

program implemented by the State

provided sufficient conservation and

management of the Alaska scallop

resource and did not need to be

duplicated by direct Federal regulation.

Therefore, no Federal regulations were

implemented to govern the scallop

fishery in Federal waters.

The Council currently is considering

options for an FMP for the scallop

fishery off Alaska that would authorize

a moratorium on vessel entry into the

fishery. A vessel moratorium cannot be

implemented under Alaska State

regulations given existing State statutes.

At its April, 1994, meeting, the Council

requested NMFS initiate rulemaking to

implement an FMP for the scallop

fishery off Alaska that would establish

a vessel moratorium and defer most

other routine management measures to

the State. The Council was informed

that section 306(a)(3) of the Magnuson

Act prohibits a state from regulating a

fishing vessel in Federal waters, unless

the vessel is registered under the laws

of that state. As a result, routine

management measures deferred to the

State under the Council’s proposed FMP

could not be applied in Federal waters

to vessels not registered with the State.

The Council recognized the potential

problem of unregistered vessels fishing

in Federal waters, but noted that all

vessels fishing for scallops in Federal

waters were registered under the laws of

the State. Therefore, the Council

recommended that NMFS proceed with