Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 58065 

§ 27.5 Frequencies. 

* * * * * 

(h) 1710–1755 MHz and 2110–2155 

MHz bands. The following frequencies 

are available for licensing pursuant to 

this part in the 1710–1755 MHz and 

2110–2155 MHz bands: 

(1) Three paired channel blocks of 10 

megahertz each are available for 

assignment as follows: 

Block A: 1710–1720 MHz and 2110–

2120 MHz; 

Block B: 1720–1730 MHz and 2120–

2130 MHz; and 

Block F: 1745–1755 MHz and 2145–

2155 MHz. 

(2) Three paired channel blocks of 5 

megahertz each are available for 

assignment as follows: 

Block C: 1730–1735 MHz and 2130–

2135 MHz; 

Block D: 1735–1740 MHz and 2135–

2140 MHz; and 

Block E: 1740–1745 MHz and 2140–

2145 MHz. 

* * * * * 

■ 3. Section 27.6 is amended by revising 

paragraph (h) to read as follows: 

§ 27.6 Service areas. 

* * * * * 

(h) 1710–1755 and 2110–2155 MHz 

bands. AWS service areas for the 1710–

1755 MHz and 2110–2155 MHz bands 

are as follows: 

(1) Service areas for Block A (1710–

1720 MHz and 2110–2120 MHz) are 

based on cellular markets comprising 

Metropolitan Statistical Areas (MSAs) 

and Rural Service Areas (RSAs) as 

defined by Public Notice Report No. 

CL–92–40 ‘‘Common Carrier Public 

Mobile Services Information, Cellular 

MSA/RSA Markets and Counties,’’

dated January 24, 1992, DA 92–109, 7 

FCC Rcd 742 (1992), with the following 

modifications: 

(i) The service areas of cellular 

markets that border the U.S. coastline of 

the Gulf of Mexico extend 12 nautical 

miles from the U.S. Gulf coastline. 

(ii) The service area of cellular market 

306 that comprises the water area of the 

Gulf of Mexico extends from 12 nautical 

miles off the U.S. Gulf coast outward 

into the Gulf. 

(2) Service areas for Blocks B (1720–

1730 MHz and 2120–2130 MHz) and C 

(1730–1735 MHz and 2130–2135 MHz) 

are based on Economic Areas (EAs) as 

defined in paragraph (a) of this section. 

(3) Service areas for blocks D (1735–

1740 MHz and 2135–2140 MHz), E 

(1740–1745 MHz and 2140–2145 MHz) 

and F (1745–1755 MHz and 2145–2155 

MHz) are based on Regional Economic 

Area Groupings (REAGs) as defined by 

paragraph (a) of this section. 

■ 4. Section 27.11 is amended by 

revising section (i) to read as follows: 

§ 27.11 Initial authorization. 

* * * * * 

(i) 1710–1755 MHz and 2110–2155 

MHz bands. Initial authorizations for 

the 1710–1755 MHz and 2110–2155 

MHz bands shall be for 5 or 10 

megahertz of spectrum in each band in 

accordance with § 27.5(h) of this part. 

(1) Authorizations for Block A, 

consisting of two paired channels of 10 

megahertz each, will be based on those 

geographic areas specified in 

§ 27.6(h)(1). 

(2) Authorizations for Block B, 

consisting of two paired channels of 10 

megahertz each, will be based on those 

geographic areas specified in 

§ 27.6(h)(2). 

(3) Authorizations for Block C, 

consisting of two paired channels of 5 

megahertz each, will be based on those 

geographic areas specified in 

§ 27.6(h)(2). 

(4) Authorizations for Blocks D, 

consisting of two paired channels of 5 

megahertz each, will be based on those 

geographic areas specified in 

§ 27.6(h)(3). 

(5) Authorizations for Blocks E, 

consisting of two paired channels of 5 

megahertz each, will be based on those 

geographic areas specified in 

§ 27.6(h)(3). 

(6) Authorizations for Block F, 

consisting of two paired channels of 10 

megahertz each, will be based on those 

geographic areas specified in 

§ 27.6(h)(3). 

■ 5. Section 27.50 is amended by 

revising paragraphs (d) introductory text 

and (d)(1) to read as follows: 

§ 27.50 Power and antenna height limits. 

* * * * * 

(d) The following power and antenna 

height requirements apply to stations 

transmitting in the 1710–1755 MHz and 

2110–2155 MHz bands: 

(1) The power of each fixed or base 

station transmitting in the 2110–2155 

MHz band and located in any county 

with population density of 100 or fewer 

persons per square mile, based upon the 

most recently available population 

statistics from the Bureau of the Census, 

is limited to a peak equivalent 

isotropically radiated power (EIRP) of 

3280 watts. The power of each fixed or 

base station transmitting in the 2110–

2155 MHz band from any other location 

is limited to a peak EIRP of 1640 watts. 

A licensee operating a base or fixed 

station utilizing a power of more than 

1640 watts EIRP must coordinate such 

operations in advance with all 

Government and non-Government 

satellite entities in the 2025–2110 MHz 

band. Operations above 1640 watts EIRP 

must also be coordinated in advance 

with the following licensees within 120 

kilometers (75 miles) of the base or fixed 

station: all Broadband Radio Service 

(BRS) licensees authorized under part 

27 in the 2155–2160 MHz band and all 

AWS licensees in the 2110–2155 MHz 

band. 

* * * * * 

[FR Doc. 05–19761 Filed 10–4–05; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 387 

[Docket No. FMCSA–2005–22470] 

Regulatory Guidance for Forms Used 

To Establish Minimum Levels of 

Financial Responsibility of Motor 

Carriers 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Regulatory guidance. 

SUMMARY: This document presents 

interpretive guidance material for the 

Federal Motor Carrier Safety 

Regulations (FMCSRs). FMCSA issues 

new regulatory guidance for Forms 

MCS–90, MCS–90B, MCS–82, and 

MCS–82B used to establish minimum 

levels of financial responsibility of 

motor carriers. The questions and 

answers are applicable to motor carrier 

operations on a national basis. This 

guidance will provide the motor carrier 

and financial services industries and 

Federal, State, and local law 

enforcement officials with a clearer 

understanding of the applicability in 

particular situations of Forms MCS–90, 

MCS–90B, MCS–82, and MCS–82B 

contained in the FMCSRs. 

EFFECTIVE DATE: October 5, 2005. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Joy Dunlap, Chief, Commercial 

Enforcement Division, Office of 

Enforcement and Compliance (MC–

ECC), Federal Motor Carrier Safety 

Administration, 400 Seventh Street. 

SW., Washington, DC 20590. Phone 

202–385–2400. Office hours are from 

7:45 a.m. to 4:15 p.m., e.t., Monday 

through Friday, except Federal legal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Basis for the Notice 

FMCSA received a petition for 

rulemaking from several insurance 

companies and the American Insurance 

Association to amend Form MCS–90, 

Endorsement for Motor Carrier Policies 

58066 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 

1 John Deere Insurance Co. v. Nueva, 229 F.3d 

853 (9th Cir. 2000); Lynch v. Yob, 95 Ohio St. 3d 

441, 768 NE. 2d 1158 (2002); Pierre v. Providence 

Wash. Ins. Co., 286 A.D.2d 139, 730 N.Y.S.2d 550 

(2001); and Madere v. National Union Fire Ins. Co. 

of Pittsburgh, 2000 U.S. Dist. LEXIS 15994 (E.D. La. 

2000). 

of Insurance for Public Liability, to 

incorporate several changes, most of 

which were suggested to clarify the 

meaning of Form MCS–90. The 

Trucking Industry Defense Association 

(TIDA) filed a brief in support of the 

petition. A copy of the petition, 

amendments to the petition and the 

TIDA brief are in the docket identified 

in the heading of this document. The 

petitioners contended changes were 

necessary in light of Federal and State 

court decisions 1 that they claimed 

misconstrued Form MCS–90 to require 

insurance companies to pay damages for 

negligent operation of a vehicle owned 

by the insured motor carrier but not 

covered by its insurance policy, even 

when no judgment had been obtained 

against the insured motor carrier. The 

Petitioners’ primary concern was to 

have the agency clarify that the word 

‘‘insured’’ in the Form MCS–90 means 

‘‘named insured.’’

FMCSA has denied the petition for 

rulemaking. However, the agency stated 

petitioners’ concerns could be 

adequately addressed without 

rulemaking through formal agency 

guidance to be published in the Federal 

Register. A copy of the letter denying 

the petition is in the docket identified 

in the heading of this document. 

FMCSA Authorities Over Motor Carrier 

Financial Responsibility Requirements 

Section 30 of the Motor Carrier Act of 

1980 (Pub. L. 96–296, July 1, 1980, 94 

Stat. 793, at 820), codified at 49 U.S.C. 

31139, established minimum levels of 

financial responsibility for for-hire 

motor carriers of property involved in 

interstate or foreign transportation and 

for the transportation of hazardous 

materials in intrastate and interstate 

commerce. 

Section 18 of the Bus Regulatory 

Reform Act of 1982 (Pub. L. 97–261, 

September 20, 1982, 96 Stat. 1102), 

codified at 49 U.S.C. 31138, established 

minimum levels of financial 

responsibility covering public liability 

and property damage for the 

transportation of passengers by for-hire 

motor carriers in interstate or foreign 

commerce. 

The financial responsibility 

provisions of the Motor Carrier Act of 

1980 and the Bus Regulatory Reform Act 

of 1982 were intended to create 

incentives for the motor carrier industry 

to focus on the safety aspects of 

highway transportation and to assure 

the general public that a motor carrier 

maintains an adequate level of financial 

responsibility sufficient to satisfy claims 

covering public liability, property 

damage liability and, in the case of 

transporters of hazardous materials, 

environmental restoration liability. 

The Administrator of FMCSA has 

been delegated authority, under 49 CFR 

1.73(f), to carry out the functions vested 

in the Secretary of Transportation 

relating to financial responsibility 

requirements for motor carriers, brokers 

and freight forwarders. Such functions 

include issuing regulations 

implementing 49 U.S.C. 31138 and 

31139 and providing guidance regarding 

statutory or regulatory requirements. 

This document provides regulatory 

guidance to the petitioners and the 

public with respect to the proper 

interpretation of Form MCS–90. FMCSA 

is including Forms MCS–90B, MCS–82, 

and MCS–82B in this regulatory 

guidance as well, because the same 

issue may arise with respect to these 

forms. Forms MCS–90, MCS–90B, MCS–

82, and MCS–82B are not intended, and 

do not purport, to require insurance 

companies or sureties to satisfy a 

judgment against any party other than 

the motor carrier named in the 

endorsement or its fiduciary. 

Members of the motor carrier industry 

and other interested parties may also 

access the guidance in this document 

through the FMCSA’s Internet site at 

http://www.fmcsa.dot.gov. 

Specific questions addressing any of 

the interpretive material published in 

this document should be directed to the 

contact person listed earlier under FOR

FURTHER INFORMATION CONTACT, or the 

FMCSA Division Office in each State. 

Regulatory Guidance 

PART 387—MINIMUM LEVELS OF 

FINANCIAL RESPONSIBILITY FOR 

MOTOR CARRIERS 

Sections Interpreted 

Section 387.15 Forms 

Question: Does the term ‘‘insured,’’ as 

used on Form MCS–90, Endorsement for 

Motor Carrier Policies of Insurance for 

Public Liability, or ‘‘Principal’’, as used 

on Form MCS–82, Motor Carrier 

Liability Surety Bond, mean the motor 

carrier named in the endorsement or 

surety bond? 

Guidance: Yes. Under 49 CFR 387.5, 

‘‘insured and principal’’ is defined as 

‘‘the motor carrier named in the policy 

of insurance, surety bond, endorsement, 

or notice of cancellation, and also the 

fiduciary of such motor carrier.’’ Form 

MCS–90 and Form MCS–82 are not 

intended, and do not purport, to require 

a motor carrier’s insurer or surety to 

satisfy a judgment against any party 

other than the carrier named in the 

endorsement or surety bond or its 

fiduciary. 

Section 387.39 Forms 

Question: Does the term ‘‘insured,’’ as 

used on Form MCS–90B, Endorsement 

for Motor Carrier Policies of Insurance 

for Public Liability, or ‘‘Principal’’, as 

used on Form MCS–82B, Motor Carrier 

Public Liability Surety Bond, mean the 

motor carrier named in the endorsement 

or surety bond? 

Guidance: Yes. Under 49 CFR 387.29, 

‘‘insured and principal’’ is defined as 

‘‘the motor carrier named in the policy 

of insurance, surety bond, endorsement, 

or notice of cancellation, and also the 

fiduciary of such motor carrier.’’ Form 

MCS–90B and Form MCS–82B are not 

intended, and do not purport, to require 

a motor carrier’s insurer or surety to 

satisfy a judgment against any party 

other than the carrier named in the 

endorsement or surety bond or its 

fiduciary. 

Issued on: September 28, 2005. 

Annette M. Sandberg, 

Administrator. 

[FR Doc. 05–19946 Filed 10–4–05; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 040830250–5062–03; I.D. 

093005A] 

Fisheries Off West Coast States and in 

the Western Pacific; Pacific Coast 

Groundfish Fishery; Specifications and 

Management Measures; Inseason 

Adjustments 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Inseason adjustments to 

management measures; request for 

comments. 

SUMMARY: NMFS announces changes to 

management measures in the 

commercial and recreational Pacific 

Coast groundfish fisheries. These 

actions, which are authorized by the 

Pacific Coast Groundfish Fishery 

Management Plan (FMP), will allow 

fisheries to access more abundant 

groundfish stocks while protecting 

overfished and depleted stocks.