Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Rules and Regulations 14225

Media Bureau, Engineering Policy

Branch, (202) 418–2190.

List of Subjects in 40 CFR Part 74

Auxiliary facilities, Radio

broadcasting.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Change

Part 74 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 74—EXPERIMENTAL,

AUXILIARY, SPECIAL BROADCAST

AND OTHER PROGRAM

DISTRIBUTIONAL SERVICES

1. The authority citation for part 74

continues to read as follows:

Authority: 47 U.S.C. 154 and 303.

2. Section 74.550 is revised to read as

follows:

§ 74.550 Equipment authorization.

Each authorization for aural broadcast

STL, ICR, and booster stations shall

require the use of notified or type

accepted equipment. Equipment which

has not been type approved under the

equipment authorization program and

which was in service prior to July 1,

1993, may be retained solely for

temporary uses necessary to restore or

maintain regular service provided by

approved equipment, because the main

or primary unit has failed or requires

servicing. Such temporary uses may not

interfere with or impede the

establishment of other aural broadcast

auxiliary links and may not occur

during more than 720 cumulative hours

per year. Should interference occur, the

licensee must take all steps necessary to

eliminate it, up to and including

cessation of operation of the auxiliary

transmitter. All unapproved equipment

retained for temporary use must have

been in the possession of the licensee

prior to July 1, 1993, and may not be

obtained from other sources.

Requirements for obtaining a grant of

equipment authorization are contained

in subpart J of part 2 of the Rules.

Equipment designed exclusively for

fixed operation shall be authorized

under notification procedures (see

§ 2.904(d) of this chapter).

Note: Consistent with the note to

§ 74.502(a), grandfathered equipment in the

942–944 MHz band and STL/ICR users of

these frequencies in Puerto Rico are also

required to come into compliance by July 1,

1993. The backup provisions described above

apply to these stations also.

[FR Doc. 95–6489 Filed 3–15–95; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No.1; Amdt. I–268]

Organization and Delegation of Powers

and Duties; Delegation to All

Administrators

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: This rule contains a

delegation of authority to all

Administrators of the Department of

Transportation’s (DOT) operating

administrations to enter into grants,

cooperative agreements, and other

transactions with any person, agency, or

instrumentality of the United States, any

unit of state or local government, any

educational institution, and any other

entity in execution of the Technology

Reinvestment Project authorized under

the Defense Conversion, Reinvestment,

and Transition Assistance Act of 1992

and related legislation. This rule is

necessary to reflect the delegation in the

Code of Federal Regulations.

This rule also makes a minor

amendment to the regulation that details

the structure and responsibilities of the

Office of the Secretary by adding a new

office, the Office of Aviation

International Economics, within the

Office of the Assistant Secretary for

Aviation and International Affairs.

EFFECTIVE DATE: This rule becomes

effective March 16, 1995.

FOR FURTHER INFORMATION CONTACT:

Terence W. Carlson, Office of the

Assistant General Counsel for

Environmental, Civil Rights and General

Law at (202) 366–9161, Department of

Transportation, 400 7th Street, SW.,

Washington, DC 20590.

SUPPLEMENTARY INFORMATION: The

Department of Transportation and

Related Agencies Appropriations Act,

1995, Pub. L. No. 103–331, section

329A, 108 Stat. 2471, 2493 (September

30, 1994), grants the Secretary of

Transportation specific authority to

enter into grants, cooperative

agreements, and other transactions with

any person, agency, or instrumentality

of the United States, any unit of state or

local government, any educational

institution, and any other entity in

execution of the Technology

Reinvestment Project (TRP) authorized

under the Defense Conversion,

Reinvestment, and Transition

Assistance Act of 1992, Pub. L. No. 102–

484, 106 Stat. 2658 (October 23, 1992),

and related legislation. TRP is a

statutory interagency project lead by the

Department of Defense (DOD) through

its Advanced Research Projects Agency,

which uses DOD funds to support the

cost-shared application of defenserelated technologies to the commercial

sector. Therefore, it is necessary to

amend the relevant part of the CFR to

delegate this authority to the

Administrators of the DOT operating

administrations.

49 CFR part 1 describes the

organization of DOT and provides for

the performance of duties imposed

upon, and the exercise of powers vested

in, the Secretary of Transportation by

law. Section 1.45 delegates certain

authorities of the Secretary to all

Administrators of the DOT operating

administrations. This rulemaking

amends § 1.45(a) to add a new

subparagraph (18), which delegates to

the Administrators the authority to enter

into grants, cooperative agreements, and

other transactions with any entity in

execution of the Technology

Reinvestment Project authorized under

the Defense Conversion, Reinvestment,

and Transition Assistance Act of 1992

and related legislation. This rulemaking

also amends § 1.22, which details the

structure and responsibilities of the

Office of the Secretary. It makes a minor

revision to § 1.22(c) to add a fourth

office within the Office of the Assistant

Secretary for Aviation and International

Affairs, the Office of Aviation

International Economics.

Since this rule relates to departmental

management, organization, procedure,

and practice, notice and public

comment are unnecessary. For the same

reason, good cause exists for not

publishing this rule at least 30 days

before its effective date, as is ordinarily

required by 5 U.S.C. 553(d). Therefore,

this rule is effective on the date of its

publication.

List of Subjects in 49 CFR Part 1

Authority delegations (Government

agencies), Organization and functions

(Government agencies).

In consideration of the foregoing, and

under the authority of 49 U.S.C. 332,

part 1 of title 49 Code of Federal

Regulations is amended as follows:

PART I—[AMENDED]

1. The authority citation for part 1

continues to read as follows:
14226 Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Rules and Regulations

Authority: 49 U.S.C. 322, 28 U.S.C. 2672,

31 U.S.C. 3711(a)(2).

2. Section 1.22(c) is revised to read as

follows:

§ 1.22 Structure.

* * * * *

(c) Office of the Assistant Secretary

for Aviation and International Affairs.

This Office is composed of the Offices

of Aviation International Economics;

International Transportation and Trade;

International Aviation; and Aviation

Analysis.

* * * * *

3. Section 1.45 is amended by adding

paragraph (a)(18) to read as follows:

§ 1.45 Delegations to all Administrators.

* * * * *

(18) Exercise the authority vested in

the Secretary by Section 329A of the

Department of Transportation and

Related Agencies Appropriations Act,

1995, Pub. L. No. 103–331, § 329A, 108

Stat. 2471, 2493 (September 30, 1994),

to enter into grants, cooperative

agreements, and other transactions with

any person, agency, or instrumentality

of the United States, any unit of state or

local government, any educational

institution, and any other entity in

execution of the Technology

Reinvestment Project authorized under

the Defense Conversion, Reinvestment,

and Transition Assistance Act of 1992,

Pub. L. No. 102–484, 106 Stat. 2658

(October 23, 1992), and related

legislation.

Issued at Washington, DC, this 16th day of

February 1995.

Federico Pen ̃ a,

Secretary of Transportation.

[FR Doc. 95–6522 Filed 3–15–95; 8:45 am]

BILLING CODE 4910–62–P

National Highway Traffic Safety

Administration

49 CFR Part 564

RIN 2127–AF07

[Docket No. 85–15; Notice 15]

Replaceable Light Source Information

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Response to petitions for

reconsideration; final rule.

SUMMARY: This notice responds to

petitions for reconsideration of the final

rule, published on January 12, 1993,

that requires the manufacturers of

replaceable light sources for headlamps

to file dimensional and other

information with NHTSA in a public

docket pursuant to 49 CFR part 564,

Replaceable Light Source Information.

Part 564, which currently allows light

source manufacturers to file information

in the part 564 Docket, is amended to

allow vehicle and headlamp

manufacturers also to file information in

the docket. This notice also amends part

564 to allow changes to be made in light

source information previously

submitted. Under the amendment,

NHTSA will accept a submission for

change if the submitter includes a

statement that substitution of a modified

bulb to replace an unmodified one will

not create a noncompliance of that

headlamp with Standard No. 108, and

submits reasons in support of the

statement. In order to evaluate the

reasons, NHTSA may publish a Federal

Register notice seeking comment. The

acceptance of a modified light source

will have no effect upon the

permissibility to continue the

manufacture and use of the original

light source.

DATES: The amendments are effective

April 17, 1995.

FOR FURTHER INFORMATION CONTACT:

Kenneth O. Hardie, Office of

Rulemaking, NHTSA (202–366–6987).

SUPPLEMENTARY INFORMATION: On

January 12, 1993, NHTSA published a

final rule adopting 49 CFR part 564

Replaceable Light Source Information,

as a repository for information on new

types of replaceable light sources for

headlamps (58 FR 3856). Later, the part

564 Docket was designated Docket 93–

11 (58 FR 15132).

Paragraph 564.5(a) provides that

‘‘each manufacturer of a replaceable

light source used as original equipment

on a motor vehicle’’ (other than the

existing HB Types of Standard No. 108)

shall furnish certain information on new

light source types to Docket 93–11. In

addition, the preamble made clear (at

3857) that ‘‘[a]fter information has been

accepted for filing, no changes in it will

be permitted’’ (paragraph 564.5(c)).

Petitions for reconsideration of part

564 were filed by the American

Automobile Manufacturers Association

(AAMA) and Ford Motor Company

(Ford). Petitioners objected to the

restrictions in paragraph 564.5 that do

not allow headlamp and vehicle

manufacturers to make submissions to

Docket 93–11, or changes in information

previously submitted.

Specifically, AAMA, supported by

Ford, argued that the restriction of the

ability to file information regarding new

light sources to manufacturers of the

sources would be inappropriate in some

instances, and that users of light sources

(manufacturers of headlamps and

vehicles) should also have the right to

submit information on new ones.

NHTSA, in establishing the restriction,

believed that the light source

manufacturer would be the entity best

able to file information on its product.

However, the replaceable light sources

presently permitted were added

pursuant to petitions submitted by

vehicle manufacturers. Types HB1 and

HB5 originated in petitions submitted

by Ford, Type HB2 in a petition by

Volkswagen, and Types HB3 and 4 in a

petition from General Motors. An

amendment that would allow

manufacturers of motor vehicles to

submit light source information would

afford greater flexibility and appear to

have no negative safety consequences.

For the same reasons, NHTSA believes

that manufacturers of replaceable bulb

headlamps used as original equipment

should also be permitted the

opportunity to submit information to

Docket No 93–11. Accordingly, the

agency grants petitions for

reconsideration of this issue and is

amending part 564 appropriately.

AAMA and Ford also argued for the

right to petition for revision of

specifications for existing light sources

in Docket No. 93–11. Currently, such

revision is impermissible.

A manufacturer wishing to implement

lighting improvements must instead

incorporate the improvements in a new

light source that is not interchangeable

with any existing light source. AAMA

stated that reasonable flexibility could

be introduced into part 564, while

addressing the issue of potential effects

on the performance of lights on vehicles

in service, by providing for public

review and comment on any proposed

revisions to part 564 light sources. It

suggested that NHTSA establish a

procedure similar to the rulemaking

process involved in making

specification changes in Standard No.

108 to HB Type light sources. This

would allow users such as headlamp

and vehicle manufacturers an

opportunity to evaluate the effects on

their products of any proposed revisions

to light sources. In the absence of such

a process, according to AAMA, the

docket could become laden with light

source types that may never be

manufactured because of errors in initial

specifications or because the light

source designs have been replaced by a

photometrically equivalent but

improved version of the light source,

such as one with longer life. Without

permission to make changes in

specifications, the improved light

sources would have to be noninterchangeable with any other light

source type in Docket No. 93–11.