Federal Register / Vol. 60, No. 101 / Thursday, May 25, 1995 / Rules and Regulations 27699

compromise issues relating to the

retention, suspension or revocation of

ocean freight forwarder licenses. See

also §§ 501.5(i) and 501.21.

By the Commission.

Joseph C. Polking,

Secretary.

[FR Doc. 95–12777 Filed 5–24–95; 8:45 am]

BILLING CODE 6730–01–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 13

[PR Docket No. 94–58; FCC 95–162]

Temporary Conditional Operating

Authority for Commercial Radio

Operator License Applicants

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This action amends the rules

for commercial radio operators to

authorize persons who have passed the

required examinations and applied for

commercial radio operator licenses to

perform the functions of a commercial

radio operator on a temporary and

conditional basis while awaiting their

licenses. This amendment was

necessary because the rules currently

require that after passing the

examinations necessary to qualify for

certain of these licenses, and submitting

an application to the Commission, an

applicant must wait for the Commission

to process the application. The intended

effect of the final rule is to permit

people who have passed the necessary

examinations to commence work

immediately after they receive their

Proof-of-Passing Certificates.

EFFECTIVE DATE: July 1, 1995.

FOR FURTHER INFORMATION CONTACT:

William T. Cross, Federal

Communications Commission, Wireless

Telecommunications Bureau, Private

Wireless Division, Washington, D.C.

20554, (202) 418–0680.

SUPPLEMENTARY INFORMATION: A

summary of the Commission’s Report

and Order, adopted April 17, 1995, and

released April 27, 1995, is provided

above. The complete text of this action

is available for inspection and copying

during normal business hours at the

FCC, room 239, 1919 M Street, NW,

Washington, DC. The complete text of

this action, including the rule

amendments, may also be purchased

from the Commission’s copy contractor,

ITS, Inc., (202) 857–3800, 2100 M

Street, NW, suite 140, Washington, DC

20037.

1. The final rules are set forth at the

end of this document.

2. The rules contained herein have

been analyzed with respect to the

paperwork Reduction Act of 1980, 44

U.S.C. section 3501 et seq., and found

to contain no new or modified form,

information collection and/or record

keeping, labeling, disclosure, or record

retention requirements and will not

increase or decrease burden hours

imposed on the public.

3. In accordance with section 605(b)

of the Regulatory Flexibility Act of

1980, 5 USC section 605(b), the

Commission provides the following

Final Regulatory Flexibility Analysis.

Need and purpose of this action. This

rule making proceeding was needed to

obtain comments regarding our proposal

to authorize persons who have passed

the required examinations and applied

for commercial radio operator licenses

to perform the functions of a

commercial radio operator on a

temporary and conditional basis while

awaiting their licenses. The purpose of

this action is to permit persons who

must have the license as a condition of

employment to start work immediately.

A likely secondary benefit is applicants

will receive their Commission-issued

licenses sooner due to a reduction in the

number of inquiries to the processing

staff regarding the status of pending

applications.

Summary of issues raised by the

public comments in response to the

Initial Regulatory Flexibility Analysis.

The commentor agrees that the potential

impact of these rule changes is to

improve the efficiency in licensing

commercial radio operators, thereby

making it easier for persons to become

licensed commercial radio operators. No

other comments were received.

Significant alternatives considered

and rejected. Alternatives include the

Commission continuing to require

persons wait until they receive a

Commission-issued license document

before they can perform the functions of

a commercial radio operator. The

proposed alternative is adopted to

minimize the impact on persons who

require this document as a condition of

employment. The Secretary shall send a

copy of this Report and Order including

the certification, to the Chief Counsel

for Advocacy of the Small Business

Administration in accordance with

paragraph 605(b) of the Regulatory

Flexibility Act. Pub. L. 96–354, 94 Stat.

1164, 5 U.S.C. section 601–612 (1981).

4. A copy of this Report and Order

will be forwarded to the Chief Counsel

for Advocacy of the Small Business

Administration.

5. This Report and Order is issued

under the authority of sections

4(f)(4)(A), (B), and (J), 4(i), and 303(r) of

the Communications Act of 1934, as

amended, 47 U.S.C. section 154(f)(4)(A),

(B),and (J), 154(i), and 303(r).

List of Subjects in 47 CFR Part 13

Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Part 13 of chapter I of title 47 of the

Code of Federal Regulations is amended

as follows:

PART 13—COMMERCIAL RADIO

OPERATORS

1. The authority citation for Part 13

continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066, 1082

as amended; 47 U.S.C. 154, 303.

2. Section 13.9 is amended by

redesignating paragraphs (d) and (e) as

paragraphs (e) and (f) respectively, and

adding a new paragraph (d) to read as

follows:

§ 13.9 Eligibility and application for new

license or endorsement.

* * * * *

(d) Provided that a person’s

commercial radio operator license was

not revoked, or suspended, and is not

the subject of an ongoing suspension

proceeding, a person whose application

for a commercial radio operator license

has been received by the FCC but which

has not yet been acted upon and who

holds a PPC(s) indicating that he or she

passed the necessary examination(s)

within the previous 365 days, is

authorized to exercise the rights and

privileges of the operator license for

which the application was received.

This authority is valid for a period of 90

days from the date the application was

received. The FCC, in its discretion,

may cancel this temporary conditional

operating authority without a hearing.

* * * * *

3. Section 13.13 is amended by

redesignating paragraphs (d) and (e) as

paragraphs (e) and (f) respectively, and

adding a new paragraph (d) to read as

follows:

§ 13.13 Application for a renewed or

modified license.

* * * * *

(d) Provided that a person’s

commercial radio operator license was

not revoked, or suspended, and is not

the subject of an ongoing suspension

proceeding, a person holding a General

Radiotelephone Operator License,
27700 Federal Register / Vol. 60, No. 101 / Thursday, May 25, 1995 / Rules and Regulations

Marine Radio Operator Permit, First

Class Radiotelegraph Operator’s

Certificate, Second Class Radiotelegraph

Operator’s Certificate, Third Class

Radiotelegraph Operator’s Certificate,

GMDSS Radio Operator’s License, or

GMDSS Radio Maintainer’s License,

who has an application for another

commercial radio operator license

which has not yet been acted upon

pending at the FCC and who holds a

PPC(s) indicating that he or she passed

the necessary examination(s) within the

previous 365 days, is authorized to

exercise the rights and privileges of the

license for which the application is

filed. This authority is valid for a period

of 90 days from the date the application

is received. The FCC, in its discretion,

may cancel this temporary conditional

operating authority without a hearing.

* * * * *

4. In § 13.19, paragraphs (b)(3) and (c)

are revised to read as follows:

§ 13.19 Operator’s responsibility.

* * * * *

(b) * * *

(3) The class, serial number and

expiration date of the license when the

FCC has issued the operator a license,

or the PPC serial number(s) and date(s)

of issue when the operator is awaiting

FCC action on an application.

(c) When the operator is on duty and

in charge of transmitting systems, or

performing service, maintenance or

inspection functions, the license or

permit document, or a photocopy

thereof, or a copy of the application and

PPC(s) received by the FCC, must be

posted or in the operator’s personal

possession, and available for inspection

upon request by a FCC representative.

* * * * *

[FR Doc. 95–12791 Filed 5–24–95; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 390

[FHWA Docket No. MC–93–17]

RIN 2125–AD14

Federal Motor Carrier Safety

Regulations; General; Intermodal

Transportation

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Final rule; petitions for

reconsideration of effective date; request

for comments.

SUMMARY: The FHWA published a

document on May 16, 1995 at 60 FR

26001 which administratively extended

until September 27, 1995, the effective

date of its final rule implementing the

requirements of the Intermodal Safe

Container Transportation Act of 1992.

The final rule was published on

December 29, 1994, and its original

effective date was June 27, 1995. The

only purpose of this three-month

extension was to provide the FHWA

sufficient time to request, receive, and

analyze comments, and to publish a

final determination, on whether a

further extension is warranted. This

document requests comments on the

major issues raised by petitioners who

have requested an extension of the

effective date of, and certain exemptions

from, the final rule.

DATES: Replies to this request for

comments must be received on or before

June 26, 1995. As indicated in the May

16, 1995 document, the effective date of

the final rule published on December

29, 1994 at 59 FR 67544 has been

extended to September 27, 1995.

ADDRESSES: Submit written, signed

comments to FHWA Docket No. MC–

93–17, Room 4232, HCC–10, Office of

the Chief Counsel, Federal Highway

Administration, 400 Seventh Street,

SW., Washington, D.C. 20590. 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.

Those desiring notification of receipt of

comments must include a selfaddressed, stamped postcard.

FOR FURTHER INFORMATION CONTACT: Mr.

Peter C. Chandler, Office of Motor

Carrier Research and Standards, HCS–

10, (202) 366–5763; or Mr. Charles E.

Medalen, Office of the Chief Counsel,

HCC–20, (202) 366–1354, Federal

Highway Administration, 400 Seventh

Street, SW., Washington, D.C. 20590.

Office hours are from 7:45 a.m. to 4:15

p.m., e.t., Monday through Friday,

except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

On December 29, 1994, the FHWA

published a final rule which

implemented the requirements of the

Intermodal Safe Container

Transportation Act of 1992 (the Act)

[Pub.L. 102–548, 106 Stat. 3646, partly

codified at 49 U.S.C. 5901–5907

(formerly 49 U.S.C. 501 and 508)]. The

final rule requires any person who

presents a container or trailer with a

gross cargo weight of more than 4,536

kilograms or 10,000 pounds to an initial

carrier for intermodal transportation to

provide a certification to such carrier.

Motor carriers are prohibited from

accepting a loaded container or trailer

prior to receiving a tangible

certification. Motor carriers, rail

carriers, water carriers, ocean common

carriers, and intermediaries that receive

a certification in the course of

intermodal transportation must forward

the certification to a subsequent carrier

transporting the loaded container or

trailer. The objective of the final rule

was to reduce the number of overweight

motor vehicles transporting intermodal

containers or trailers by improving

communication between shippers and

motor carriers.

Issues Raised by Industry Groups

The FHWA has received letters from

several companies and industry groups

petitioning the FHWA to extend the

effective date of the final rule. Among

those requesting an extension are APL

Land Transport Services, Inc. (APL); the

European Shippers’ Councils; ‘‘K’’ Line

America, Inc. (KLA); the Intermodal

Safe Container Coalition (Coalition); the

National Industrial Transportation

League; the Steamship Association of

Southern California; and, Warren &

Associates, a law firm representing two

freight conferences. The APL, KLA, and

the Coalition were the parties who

provided the most information in

support of an extension. Copies of these

letters are available for review in the

docket.

For ease of presentation, the FHWA

has grouped the issues raised by the

petitioners into four major categories:

(1) Electronic data interchange (EDI); (2)

the widespread need for education and

training, especially for foreign shippers;

(3) the cargo weight threshold used in

determining the applicability of the

final rule; and, (4) the results of the data

collection needs study mandated by the

Act. The FHWA believes that some of

the petitioners’ assertions warrant

public discussion.

Electronic Data Interchange

The KLA wrote that ‘‘the complexities

of establishing a uniform method for

electronic transmission of data between

very divergent industries, each with

their own unique data requirements,

makes compliance by all parties in the

intermodal network by the June date

difficult to impossible.’’ The KLA

explained further that the certification

data should ideally be passed as part of

an already existing data transmission

which would necessitate the various

parties sending and receiving the

certification information to agree on the

data format and the meaning of each

field. The development of these

specifications, the KLA continued,

requires time to allow the users of the