55100 Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Rules and Regulations 

1⁄16 inch ceramic sheathed, type K, grounded 

thermocouples with a nominal 30 American 

wire gage (AWG) size conductor. The seven 

thermocouples must be attached to a steel 

angle bracket to form a thermocouple rake for 

placement in the test stand during burner 

calibration. 

(5) Apparatus Arrangement. The test 

burner must be mounted on a suitable stand 

to position the exit of the burner cone a 

distance of 8 inches from the ceiling liner 

panel and 2 inches from the sidewall liner 

panel. The burner stand should have the 

capability of allowing the burner to be swung 

away from the test specimen during warm-up 

periods. 

(6) Instrumentation. A recording 

potentiometer or other suitable instrument 

with an appropriate range must be used to 

measure and record the outputs of the 

calorimeter and the thermocouples. 

(7) Timing Device. A stopwatch or other 

device must be used to measure the time of 

flame application and the time of flame 

penetration, if it occurs. 

(e) Preparation of Apparatus. Before 

calibration, all equipment must be turned on 

and allowed to stabilize, and the burner fuel 

flow must be adjusted as specified in 

paragraph (d)(2). 

(f) Calibration. To ensure the proper 

thermal output of the burner the following 

test must be made: 

(1) Remove the burner extension from the 

end of the draft tube. Turn on the blower 

portion of the burner without turning the fuel 

or igniters on. Measure the air velocity using 

a hot wire anemometer in the center of the 

draft tube across the face of the opening. 

Adjust the damper such that the air velocity 

is in the range of 1550 to 1800 ft./min. If tabs 

are being used at the exit of the draft tube, 

they must be removed prior to this 

measurement. Reinstall the draft tube 

extension cone. 

(2) Place the calorimeter on the test stand 

as shown in Figure 2 at a distance of 8 inches 

(203 mm) from the exit of the burner cone to 

simulate the position of the horizontal test 

specimen. 

(3) Turn on the burner, allow it to run for 

2 minutes for warm-up, and adjust the 

damper to produce a calorimeter reading of 

8.0 ±0.5 BTU per ft.2 sec. (9.1 ±0.6 Watts/ 

cm2). 

(4) Replace the calorimeter with the 

thermocouple rake. 

(5) Turn on the burner and ensure that 

each of the seven thermocouples reads 1700 

°F. ±100 °F. (927 °C. ±38 °C.) to ensure steady 

state conditions have been achieved. If the 

temperature is out of this range, repeat steps 

2 through 5 until proper readings are 

obtained. 

(6) Turn off the burner and remove the 

thermocouple rake. 

(7) Repeat (1) to ensure that the burner is 

in the correct range. 

(g) Test Procedure. (1) Mount a 

thermocouple of the same type as that used 

for calibration at a distance of 4 inches (102 

mm) above the horizontal (ceiling) test 

specimen. The thermocouple should be 

centered over the burner cone. 

(2) Mount the test specimen on the test 

stand shown in Figure 1 in either the 

horizontal or vertical position. Mount the 

insulating material in the other position. 

(3) Position the burner so that flames will 

not impinge on the specimen, turn the burner 

on, and allow it to run for 2 minutes. Rotate 

the burner to apply the flame to the specimen 

and simultaneously start the timing device. 

(4) Expose the test specimen to the flame 

for 5 minutes and then turn off the burner. 

The test may be terminated earlier if flame 

penetration is observed. 

(5) When testing ceiling liner panels, 

record the peak temperature measured 4 

inches above the sample. 

(6) Record the time at which flame 

penetration occurs if applicable. 

(h) Test Report. The test report must 

include the following: 

(1) A complete description of the materials 

tested including type, manufacturer, 

thickness, and other appropriate data. 

(2) Observations of the behavior of the test 

specimens during flame exposure such as 

delamination, resin ignition, smoke, etc., 

including the time of such occurrence. 

(3) The time at which flame penetration 

occurs, if applicable, for each of the three 

specimens tested. 

Issued in Washington, DC, on September 

17, 2007 under authority delegated in 49 CFR 

part 1. 

Krista Edwards, 

Acting Administrator. 

[FR Doc. E7–19207 Filed 9–27–07; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 386 

Rules of Practice for Motor Carrier, 

Broker, Freight Forwarder, and 

Hazardous Materials Proceedings 

CFR Correction 

In Title 49 of the Code of Federal 

Regulations, Parts 300 to 399, revised as 

of October 1, 2006, on page 276, in 

Appendix A to Part 386, reinstate 

Section IV to read as follows: 

Appendix A to Part 386—Penalty 

Schedule; Violations of Notices and 

Orders 

* * * * * 

IV. Out-of-Service Order 

a. Violation—Operation of a commercial 

vehicle by a driver during the period the 

driver was placed out of service. 

Penalty—Up to $2,100 per violation. 

(For purposes of this violation, the term 

’’driver‘‘ means an operator of a commercial 

motor vehicle, including an independent 

contractor who, while in the course of 

operating a commercial motor vehicle, is 

employed or used by another person.) 

b. Violation—Requiring or permitting a 

driver to operate a commercial vehicle during 

the period the driver was placed out of 

service. 

Penalty—Up to $16,000 per violation. 

(This violation applies to motor carriers, 

including an independent contractor who is 

not a ‘‘driver,’’ as defined under paragraph 

IVa above.) 

c. Violation—Operation of a commercial 

motor vehicle by a driver after the vehicle 

was placed out of service and before the 

required repairs are made. 

Penalty—$2,100 each time the vehicle is so 

operated. 

(This violation applies to drivers as defined 

in IVa above.) 

d. Violation—Requiring or permitting the 

operation of a commercial motor vehicle 

placed out of service before the required 

repairs are made. 

Penalty—Up to $16,000 each time the 

vehicle is so operated after notice of the 

defect is received. 

(This violation applies to motor carriers, 

including an independent owner-operator 

who is not a ‘‘driver,’’ as defined in IVa 

above.) 

e. Violation—Failure to return written 

certification of correction as required by the 

out-of-service order. 

Penalty—Up to $650 per violation. 

f. Violation—Knowingly falsifies written 

certification of correction required by the 

out-of-service order. 

Penalty—Considered the same as the 

violations described in paragraphs IVc and 

IVd above, and subject to the same penalties. 

Note: Falsification of certification may also 

result in criminal prosecution under 18 

U.S.C. 1001. 

g. Violation—Operating in violation of an 

order issued under § 386.72(b) to cease all or 

part of the employer’s commercial motor 

vehicle operations, i.e., failure to cease 

operations as ordered. 

Penalty—Up to $16,000 per day the 

operation continues after the effective date 

and time of the order to cease. 

h. Violation—Conducting operations 

during a period of suspension under 

§§ 386.83 or 386.84 for failure to pay 

penalties. 

Penalty—Up to $11,000 for each day that 

operations are conducted during the 

suspension period. 

[FR Doc. 07–55515 Filed 9–27–07; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 386 

RIN 2126–AB12 

Civil Penalties Adjustments 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule. 

SUMMARY: This final rule specifies 

inflation adjustments to civil penalties 


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