Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules 51705 

TABLE 1.—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued 

Facility Address Waste description 

(A) If, at any time after disposal of the delisted waste, Saturn possesses or is otherwise made 

aware of any data (including but not limited to leachate data or groundwater monitoring data) 

relevant to the delisted WWTP sludge at Saturn indicating that any constituent is at a level in 

the leachate higher than the specified delisting level or TCLP regulatory level, then Saturn 

must report the data, in writing, to the Regional Administrator within ten (10) days of first possessing or being made aware of that data. 

(B) Based upon the information described in Paragraph (A) and any other information received 

from any source, the EPA Regional Administrator will make a preliminary determination as to 

whether the reported information requires EPA action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate 

response necessary to protect human health and the environment. 

(C) If the Regional Administrator determines that the reported information does require EPA action, the Regional Administrator will notify Saturn in writing of the actions the Regional Administrator believes are necessary to protect human health and the environment. The notification shall include a statement of the proposed action and a statement providing Saturn with 

an opportunity to present information as to why the proposed EPA action is not necessary. 

Saturn shall have ten (10) days from the date of the Regional Administrator’s notice to 

present the information. 

(D) Following the receipt of information from Saturn, or if Saturn presents no further information 

after 10 days, the Regional Administrator will issue a final written determination describing 

the EPA actions that are necessary to protect human health or the environment. Any required 

action described in the Regional Administrator’s determination shall become effective immediately, unless the Regional Administrator provides otherwise. 

(7) Notification Requirements: Before transporting the delisted waste, Saturn must provide a 

one-time written notification to any State Regulatory Agency to which or through which it will 

transport the delisted WWTP sludge for disposal. The notification will be updated if Saturn 

transports the delisted WWTP sludge to a different disposal facility. Failure to provide this notification will result in a violation of the delisting variance and a possible revocation of the decision. 

* * * * * * * 

[FR Doc. 05–17364 Filed 8–30–05; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 97 

[WT Docket No. 05–235; FCC 05–143] 

Amateur Service Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document proposes to 

amend the amateur radio service rules 

to eliminate the requirement that 

individuals pass a telegraphy 

examination in order to qualify for any 

amateur radio operator license. 

DATES: Submit comments on or before 

October 31, 2005 and reply comments 

are due November 14, 2005. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 05–235; 

FCC 05–143, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• People with Disabilities: Contact 

the FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone (202) 418–0530 or TTY: (202) 

418–0432. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

William T. Cross, 

William.Cross@fcc.gov, Public Safety 

and Critical Infrastructure Division, 

Wireless Telecommunications Bureau, 

(202) 418–0680, TTY (202) 418–7233. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Federal 

Communications Commission’s Notice 

of Proposed Rulemaking and Order 

(NPRM), WT Docket No. 05–235, FCC 

05–143, adopted July 15, 2005, and 

released July 19, 2005. The full text of 

this document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Center, 445 12th Street SW., Room CY–

A257, Washington, DC 20554. The 

complete text may be purchased from 

the Commission’s duplicating 

contractor, Best Copy and Printing, Inc., 

Portals II, 445 12th Street, Suite CY–

B402, Washington, DC 20554. 

Alternative formats are available for 

people with disabilities (Braille, large 

print, electronic files, audio format), by 

sending an e-mail to FCC504@fcc.gov or 

calling the Consumer and Government 

Affairs Bureau at (202) 418–0530 

(voice), (202) 418–0432 (TTY). 

1. The Commission initiated this 

proceeding to amend the part 97 

Amateur Radio Service rules in 

response to eighteen petitions for 

rulemaking. The petitioners request that 

we amend the Commission’s amateur 

radio service rules to implement revised 

international Radio Regulations that 

were adopted at the 2003 World 

Radiocommunication Conference 

(WRC–03). The Commission found that 

some of the petitions have presented 

sufficient evidence to warrant proposing 

rule changes, and in the interest of 

administrative efficiency, it 

consolidated these proposals in this 

NPRM. Specifically, the Commission 

proposed to amend its amateur service 

rules to eliminate the requirement that 

individuals pass a telegraphy 

examination in order to qualify for any 

amateur radio operator license. 

51706 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules 

I. Procedural Matters 

A. Ex Parte Rules—Permit-but-Disclose 

Proceeding 

2. This is a permit-but-disclose notice 

and comment rulemaking proceeding. 

Ex parte presentations are permitted, 

except during the Sunshine Agenda 

period, provided they are disclosed as 

provided in the Commission’s rules. 

B. Comment Dates 

3. Pursuant to §§ 1.415 and 1.419 of 

the Commission’s rules, interested 

parties may file comments on or before 

October 31, 2005, and reply comments 

are due November 14, 2005. 

4. Commenters may file comments 

electronically using the Commission’s 

Electronic Comment Filing System 

(ECFS), the Federal Government’s 

eRulemaking Portal, or by filing paper 

copies. Commenters filing through the 

ECFS can be sent as an electronic file 

via the Internet to http://www.fcc.gov/efile/ecfs.html. If multiple docket or 

rulemaking numbers appear in the 

caption of this proceeding, filers must 

transmit one electronic copy for each 

docket or rulemaking number 

referenced in the caption. In completing 

the transmittal screen, commenters 

should include their full name, U.S. 

Postal Service mailing address, and the 

applicable docket or rulemaking 

number. Commenters may also submit 

an electronic comment by Internet email. To get filing instructions for e-mail 

comments, commenters should send an 

e-mail to ecfs@fcc.gov, and should 

include the following words in the body 

of the message, ‘‘get form.’’ Commenters 

will receive a sample form and 

directions in reply. Commenters filing 

through the Federal eRulemaking Portal 

http://www.regulations.gov, should 

follow the instructions provided on the 

Web site for submitting comments. 

5. Commenters who chose to file 

paper comments must file an original 

and four copies of each comment. If 

more than one docket or rulemaking 

number appears in the caption of this 

proceeding, filers must submit two 

additional copies for each additional 

docket or rulemaking number. All 

filings must be sent to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission, 

445 12th Street, SW., Room TW–A325, 

Washington, DC 20554. 

6. Commenters may send filings by 

hand or messenger delivery, by 

commercial overnight courier, or by 

first-class or overnight U.S. Postal 

Service mail. The Commission’s 

contractor will receive hand-delivered 

or messenger-delivered paper filings for 

the Commission’s Secretary at 236 

Massachusetts Avenue, NE., Suite 110, 

Washington, DC 20002. The filing hours 

at this location are 8 a.m. to 7 p.m. 

Commenters must bind all hand 

deliveries together with rubber bands or 

fasteners and must dispose of any 

envelopes before entering the building. 

This facility is the only location where 

the Commission’s Secretary will accept 

hand-delivered or messenger-delivered 

paper filings. Commenters must send 

commercial overnight mail (other than 

U.S. Postal Service Express Mail and 

Priority Mail) to 9300 East Hampton 

Drive, Capitol Heights, MD 20743. 

Commenters should address U.S. Postal 

Service first-class mail, Express Mail, 

and Priority Mail to 445 12th Street, 

SW., Washington, DC 20554. 

C. Paperwork Reduction Act 

7. This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104–

13. In addition, therefore, it does not 

contain any proposed information 

collection burden ‘‘for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

II. Initial Regulatory Flexibility 

Analysis 

8. The Regulatory Flexibility Act 

requires an initial regulatory flexibility 

analysis to be prepared for notice and 

comment rulemaking proceedings, 

unless the agency certifies that ‘‘the rule 

will not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities.’’

The RFA generally defines the term 

‘‘small entity’’ as having the same 

meaning as the terms ‘‘small business,’’

‘‘small organization,’’ and ‘‘small 

governmental jurisdiction.’’ In addition, 

the term ‘‘small business’’ has the same 

meaning as the term ‘‘small business 

concern’’ under the Small Business Act. 

A ‘‘small business concern’’ is one 

which: (1) Is independently owned and 

operated; (2) is not dominant in its field 

of operation; and (3) satisfies any 

additional criteria established by the 

Small Business Administration (SBA). 

9. In this NPRM, we propose to amend 

the amateur service rules that presently 

require a person to demonstrate his or 

her ability to send and receive correctly 

a Morse code telegraphy message in 

order to qualify for certain amateur 

service operator licenses. Because 

‘‘small entities,’’ as defined in the RFA, 

are not persons eligible for licensing in 

the amateur service, this proposed rule 

does not apply to ‘‘small entities.’’

Rather, it applies exclusively to 

individuals who are taking an 

examination for an amateur radio 

operator license. Such amendment 

would be in the public interest because 

we believe that the present requirement 

is unnecessary and that eliminating the 

requirement would make the amateur 

service more attractive to individuals 

with a non-pecuniary interest in radio. 

10. In addition, the rules proposed in 

this NPRM potentially could affect 

publishers of amateur radio examination 

study material. Based on past inquiries 

and advertisements in communicationrelated magazines from these 

publishers, we estimate that there are 

between five and ten such publishers. 

The proposed rule changes, if adopted, 

would apply to individuals rather than 

publishers and would not result in a 

mandatory change in products offered 

by publishers of examination study 

material. (Because use of Morse code for 

amateur service communications would 

still be permitted even if the testing 

requirement is eliminated, a market 

would still exist for Morse code training 

material.) Therefore, we certify that the 

proposals in this NPRM, if adopted, will 

not have a significant economic impact 

on a substantial number of small 

entities. The Commission will send a 

copy of the NPRM, including a copy of 

this Initial Regulatory Flexibility 

Certification, to the Chief Counsel for 

Advocacy of the SBA. This initial 

certification will also be published in 

the Federal Register. 

III. Ordering Clauses 

11. The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Notice of Proposed Rulemaking and 

Order, including the Initial Regulatory 

Flexibility Certification, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

List of Subjects in 47 CFR Part 97 

Communications equipment, Radio. 

Federal Communications Commission. 

William F. Caton, 

Deputy Secretary. 

Proposed Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 97 as follows: 

PART 97—AMATEUR RADIO SERVICE 

1. The authority citation for part 97 

continues to read as follows: 

Authority: 48 Stat. 1066, 1082, as 

amended; 47 U.S.C. 154, 303. Interpret or 

apply 48 Stat. 1064–1068, 1081–1105, as 

Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules 51707 

amended; 47 U.S.C. 151–155, 301–609, 

unless otherwise noted. 

2. Section 97.501 is amended by 

revising paragraphs (a) and (b) to read 

as follows: 

§ 97.501 Qualifying for an amateur 

operator license. 

* * * * * 

(a) Amateur Extra Class operator: 

Elements 2, 3, and 4; 

(b) General Class operator: Elements 2 

and 3; 

* * * * * 

§ 97.503 [Amended] 

3. Section 97.503 is amended by 

removing paragraph (a), redesignating 

paragraph (b) as an undesignated 

introductory paragraph, and 

redesignating paragraphs (b)(1) through 

(3) as paragraphs (a) through (c), 

respectively. 

4. Section 97.505 is amended by 

removing paragraphs (a)(5) and (a)(7) 

through (9), redesignating paragraph 

(a)(6) as (a)(5), and revising paragraphs 

(a)(1) through (4) to read as follows: 

§ 97.505 Element credit. 

(a) * * * 

(1) An unexpired (or expired but 

within the grace period for renewal) 

FCC-granted Advanced Class operator 

license grant: Elements 2 and 3. 

(2) An unexpired (or expired but 

within the grace period for renewal) 

FCC-granted General Class operator 

license grant: Elements 2 and 3. 

(3) An unexpired (or expired but 

within the grace period for renewal) 

FCC-granted Technician or Technician 

Plus Class operator (including a 

Technician Class operator license 

granted before February 14, 1991) 

license grant: Element 2. 

(4) An expired FCC-issued Technician 

Class operator license document granted 

before March 21, 1987: Element 3. 

* * * * * 

5. Section 97.507 is amended by 

removing paragraph (d) and revising 

paragraphs (a) introductory text, (a)(2) 

and (c) to read as follows: 

§ 97.507 Preparing an examination. 

(a) Each written question set 

administered to an examinee must be 

prepared by a VE holding an Amateur 

Extra Class operator license. A written 

question set may also be prepared for 

the following elements by a VE holding 

an operator license of the class 

indicated: 

* * * * * 

(2) Element 2: Advanced, General, or 

Technician Plus Class operators. 

* * * * * 

(c) Each written question set 

administered to an examinee for an 

amateur operator license must be 

prepared, or obtained from a supplier, 

by the administering VEs according to 

instructions from the coordinating VEC. 

6. Section 97.509 is amended by 

revising paragraph (f), removing 

paragraph (g), redesignating paragraphs 

(h) through (m) as paragraphs (g) 

through (l) respectively, to read as 

follows: 

§ 97.509 Administering VE requirements. 

* * * * * 

(f) No examination that has been 

compromised shall be administered to 

any examinee. The same question set 

may not be re-administered to the same 

examinee. 

* * * * * 

[FR Doc. 05–17226 Filed 8–30–05; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[DOT Docket No. NHTSA–2005–22242] 

RIN 2127–AJ57 

Federal Motor Vehicle Safety 

Standards; Cargo Carrying Capacity 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: In this notice of proposed 

rulemaking (NPRM), we (NHTSA) seek 

to address the problem of motor home 

and travel trailer overloading by 

proposing to amend the Federal motor 

vehicle safety standard (FMVSS) on tire 

selection and rims for motor vehicles 

other than passenger cars. We are also 

proposing a related amendment to our 

safety standard for tire selection and 

rims for light vehicles. 

We propose to require manufacturers 

of motor homes and travel trailers over 

4,536 kilograms (10,000 pounds) GVWR 

to provide information to consumers in 

a label that is intended to inform the 

consumer about the vehicle’s cargo 

carrying capacity (CCC). This 

information would be helpful both at 

the time the consumer is making a 

purchase decision and also as the 

consumer uses his or her vehicle. We 

also propose to require that the size of 

tires on the same motor homes and 

travel trailers be the same as the size of 

the tires listed on the tire information 

label required by the standard on tire 

selection and rims for motor vehicles 

other than passenger cars. 

We are limiting our CCC label to 

motor homes and travel trailers with a 

GVWR greater than 4,536 kilograms 

(10,000 pounds) as these are the 

vehicles that have large open interior 

areas that consumers fill with cargo. 

Recreational vehicles (RV) with GVWRs 

equal to or less than 4,536 kilograms 

(10,000 pounds) will be required to have 

less detailed CCC information as a result 

of an amendment to the FMVSS on tire 

selection and rims, which becomes 

effective September 1, 2005. It should be 

noted that on June 1, 2007, the FMVSS 

on tire selection and rims for motor 

vehicles other than passenger cars will 

apply to vehicles with a GVWR greater 

than 4,536 kilograms (10,000 pounds) 

and the FMVSS on tire selection and 

rims will apply to vehicles with a 

GVWR equal to or less than 4,536 

kilograms (10,000 pounds). 

It is our belief that this proposed rule 

complements the efforts of the 

recreational vehicle industry to provide 

consumers with information in order to 

help reduce overloading motor homes 

and travel trailers. This rulemaking 

responds to a petition from Ms. Justine 

May. 

In addition, this proposed rule would 

provide regulatory relief for dealers 

from a labeling requirement in the safety 

standard on tire selection and rims for 

light vehicles. The standard’s 

requirement may currently require 

dealers which add even small amounts 

of weight to re-label the vehicles. Under 

the proposed amendment, dealers that 

add weight in excess of 0.5 percent of 

the vehicles’ gross vehicle weight 

ratings would be required to disclose 

this extra weight on labels affixed to the 

vehicles. Dealers could add lesser 

amounts of weight without needing to 

change or add labels. 

DATES: You should submit your 

comments early enough to ensure that 

Docket Management receives them not 

later than October 31, 2005. 

ADDRESSES: You may submit your 

comments in writing to: Docket 

Management, Room PL–401, 400 

Seventh Street, SW., Washington, DC, 

20590. Alternatively, you may submit 

your comments electronically by logging 

onto the Docket Management System 

Web site at http://dms.dot.gov. Click on 

‘‘Help & Information’’ or ‘‘Help/Info’’ to 

view instructions for filing your 

comments electronically. Regardless of 

how you submit your comments, you 

should mention the docket number of 

this document.