57280 Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Proposed Rules 

enforceable duties on communities of 

Indian tribal governments. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This proposed action is not 

subject to Executive Order 13045 

because it would not establish an 

environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposal is not subject to 

Executive Order 13211 (66 FR 18355 

(May 22, 2001)), because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, section 12(d) (15 U.S.C. 272 

note) directs EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. NTTAA directs EPA 

to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This proposed rulemaking does not 

involve technical standards. Therefore, 

EPA is not considering the use of any 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this 

proposal will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. These technical 

amendments do not relax the control 

measures on sources regulated by the 

RFS regulations and therefore will not 

cause emissions increases from these 

sources. 

List of Subjects in 40 CFR Part 80 

Environmental protection, Fuel 

additives, Gasoline, Imports, Motor 

vehicle pollution, Reporting and 

recordkeeping requirements. 

Dated: September 25, 2008. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. E8–23130 Filed 10–1–08; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 07–2854; MB Docket No. 07–125; RM– 

11375] 

Radio Broadcasting Services; Oolitic, 

IN 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document requests 

comments on a petition for rulemaking 

filed by Bruce Quinn, requesting the 

allotment of Channel 231A at Oolitic, 

Indiana. The coordinates for Channel 

231A at Oolitic, Indiana, are 38–59–16 

NL and 86–37–47 WL. There is a site 

restriction of 13.2 kilometers (8.2 miles) 

northwest of the community. Proposed 

Channel 231A is short-spaced to the 

licensed site of Station WQKC–FM, 

Channel 229B, Seymour, Indiana. 

However, Station WQKC–FM’s license 

was modified to specify operation on 

Channel 230A at Sellersburg, Indiana in 

MB Docket No. 03–98 and the FM Table 

of Allotments was amended to reflect 

this change. Therefore, no protection is 

afforded to this license site. A Petition 

for Reconsideration of the letter 

dismissal of this Petition is dismissed as 

moot. 

DATES: Comments must be filed on or 

before November 3, 2008, and reply 

comments on or before November 17, 

2008. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 

Twelfth Street, SW., Washington, DC 

20554. In addition to filing comments 

with the FCC, interested parties should 

serve the petitioner as follows: Bruce 

Quinn, 1217 Lafayette Avenue, 

Columbus, Indiana 47201. 

FOR FURTHER INFORMATION CONTACT: 

Victoria M. McCauley, Media Bureau, 

(202) 418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rulemaking, MB Docket No. 

07–125, adopted June 27, 2007, and 

released June 29, 2007. The full text of 

this Commission decision is available 

for inspection and copying during 

normal business hours in the FCC’s 

Reference Information Center at Portals 

II, CY–A257, 445 Twelfth Street, SW., 

Washington, DC 20554. This document 

may also be purchased from the 

Commission’s duplicating contractors, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20054, telephone 800– 

378–3160 or http://www.BCPIWEB.com. 

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). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

Members of the public should note 

that from the time a Notice of Proposed 

Rulemaking is issued until the matter is 

no longer subject to Commission 

consideration or court review, all ex 

parte contacts are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1204(b) for rules 

governing permissible ex parte contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

Part 73 as follows: 

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Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Proposed Rules 57281 

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for Part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334 and 336. 

§ 73.202 [Amended] 

2. Section 73.202(b), the Table of FM 

Allotments under Indiana, is amended 

by adding Oolitic, Channel 231A. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E8–23158 Filed 10–1–08; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 109 

[Docket No. PHMSA–2005–22356] 

RIN 2137–AE13 

Hazardous Materials: Enhanced 

Enforcement Authority Procedures 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Department of Transportation 

(DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: PHMSA is proposing to issue 

rules implementing certain inspection, 

investigation, and enforcement 

authority conferred on the Secretary of 

Transportation by the Hazardous 

Materials Transportation Safety and 

Security Reauthorization Act of 2005. 

The proposed rules would establish 

procedures for: (1) The inspection and 

opening of packages to identify 

undeclared or non-compliant 

shipments; (2) the temporary detention 

and inspection of suspicious packages; 

and (3) the issuance of emergency 

orders (restrictions, prohibitions, 

recalls, and out-of-service orders) to 

address unsafe conditions or practices 

posing an imminent hazard. These new 

inspection and enforcement procedures 

will enhance DOT’s ability to respond 

immediately and effectively to 

conditions or practices that pose serious 

threats to life, property, or the 

environment. 

DATES: Comments must be received by 

December 1, 2008. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• U.S. Government Regulations.gov 

Web site: http://www.regulations.gov. 

Use the search tools to find this 

rulemaking and follow the instructions 

for submitting comments. 

• U.S. Mail or private delivery 

service: Docket Operations, U.S. 

Department of Transportation, West 

Building, Ground Floor, Room W12– 

140, Routing Symbol M–30, 1200 New 

Jersey Avenue, SE., W12–140, 

Washington, DC 20590–0001. 

• Fax: 1–202–493–2251. 

• Hand Delivery: To Docket 

Operations, Room W12–140 on the 

ground floor of the West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays: 

Instructions: You must include the 

agency name and docket number, 

PHMSA–05–22356 or the Regulatory 

Identification Number (RIN) for this 

rulemaking at the beginning of your 

comment. Note that all comments 

received will be posted without change 

to the U.S. Government Regulations.gov 

Web site: http://www.regulations.gov., 

including any personal information 

provided. Please see the Privacy Act 

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

Jackie K. Cho or Vincent M. Lopez, 

Office of Chief Counsel, (202) 366–4400, 

Pipeline and Hazardous Materials Safety 

Administration. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under authority delegated by the 

Secretary of Transportation (Secretary), 

four agencies within DOT enforce the 

Hazardous Materials Regulations 

(HMR), 49 CFR parts 171–180 and other 

regulations, approvals, special permits, 

and orders issued under Federal 

Hazardous Material Transportation Law 

(Hazmat Law), 49 U.S.C. 5101 et seq.; 

the Federal Aviation Administration 

(FAA), 49 CFR 1.47(j)(1); Federal 

Railroad Administration (FRA), 49 CFR 

1.49(s)(1); Federal Motor Carrier Safety 

Administration (FMCSA), 49 CFR 

1.73(d)(1); and Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), 49 CFR 1.53(b)(1). The 

Secretary has delegated authority to 

each respective operating 

administration to exercise the enhanced 

inspection and enforcement authority 

conferred by the Hazardous Materials 

Transportation Safety and Security 

Reauthorization Act of 2005 

(HMTSSRA). 71 FR 52751, 52753 (Sept. 

7, 2006). The United States Coast Guard 

(USCG) is authorized to enforce the 

HMR in connection with certain 

transportation or shipment of hazardous 

materials by water. This authority 

originated with the Secretary and was 

first delegated to USCG prior to 2003, 

when USCG was made part of the 

Department of Homeland Security. 

Enforcement authority over ‘‘bulk 

transportation of hazardous materials 

that are loaded or carried on board a 

vessel without benefit of containers or 

labels, and received and handled by the 

vessel without mark or count, and 

regulations and exemptions governing 

ship’s stores and supplies’’ was also 

transferred in 2003. DHS Delegation No. 

0170.1(2)(103) & 2(104); see also 6 

U.S.C. 458(b), 551(d)(2). The USCG 

inspects portable tanks and freight 

containers primarily under two laws: 

the Safe Container Act 46 U.S.C. 80501 

et seq. with its implementing 

regulations found in 46 CFR 450–453, 

and 49 U.S.C Chapter 51 Transportation 

of Hazardous Material as it relates to 

waterborne transportation. DOT will 

coordinate its inspections, 

investigations, and enforcements aboard 

vessels and waterfront facilities, as 

defined in 33 CFR 126.3, with the USCG 

to avoid duplicative or conflicting 

efforts. Moreover, nothing proposed 

herein would affect USCG’s 

enforcement authority with respect to 

transportation of hazardous materials. 

A. Need for Enhanced Enforcement 

Authority 

Each year, about three billion tons of 

hazardous materials are transported in 

the United States. United States 

Government Accountability Office, 

Undeclared Hazardous Materials: New 

DOT Efforts May Provide Additional 

Information on Undeclared Shipments, 

GAO–06–471, at 9 (March 2006) (GAO 

Report). Under DOT-mandated safety 

standards, including suitable packaging 

and handling, nearly all of these 

shipments move through the system 

safely and without incident. When 

incidents do occur, DOT-mandated 

labels and other forms of hazard 

communication provide transportation 

employees and emergency responders 

the information necessary to mitigate 

the consequences. Together, these risk 

controls provide a high degree of 

protection. Yet their effectiveness 

depends largely on compliance by 

hazmat offerors, beginning with proper 

classification and packaging of 

hazardous materials. When a package 

containing hazardous materials is 

placed in transportation without regard 

to HMR requirements, the effectiveness 

of all other risk controls is 

compromised, increasing both the 

likelihood of an incident and the 

severity of consequences. Accordingly, 

we have long considered undeclared 

shipments of hazardous materials to be 

a serious safety issue. The HMR define 

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