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Federal Register/Vol. 73, No. 4/Monday, January 7, 2008/Rules Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Rules and Regulations 1089 burdens for small business concerns 60 days after publication of this report DEPARTMENT OF TRANSPORTATION with fewer than 25 employees,’’ and order in the Federal Register. pursuant to the Small Business Pipeline and Hazardous Materials Paperwork Relief Act of 2002, Public List of Subjects in 47 CFR Part 76 Safety Administration Law 107–198, see 44 U.S.C. 3506(c)(4). Cable television. 49 CFR Part 172 C. Congressional Review Act Federal Communications Commission. [Docket No. PHMSA–2006–28711 (HM– 66. The Commission has sent a copy Marlene H. Dortch, 145N)] of the Report and Order, including the Secretary. FRFA, in a report to be sent to Congress RIN 2137–AE24 and the Government Accountability Final Rules Office pursuant to the Congressional Hazardous Materials: Revisions to the Review Act. In addition, the I For the reasons discussed in the List of Hazardous Substances and Commission has sent a copy of the preamble, the Federal Communications Reportable Quantities Report and Order, including the FRFA, Commission amends 47 CFR part 76 as AGENCY: Pipeline and Hazardous to the Chief Counsel for Advocacy of the follows: Materials Safety Administration Small Business Administration. (PHMSA), DOT. PART 76—MULTICHANNEL VIDEO D. Additional Information AND CABLE TELEVISION SERVICE ACTION: Final rule. 67. For additional information on this SUMMARY: PHMSA amends the I proceeding, please contact John W. 1. The authority citation for part 76 Hazardous Materials Regulations (HMR) Berresford, (202) 418–1886, or Holly continues to read as follows: by revising the list of hazardous Saurer, (202) 418–7283, both of the Authority: 47 U.S.C. 151, 152, 153, 154, substances and reportable quantities Policy Division, Media Bureau. 301, 302, 302a, 303, 303a, 307, 308, 309, 312, (RQs) and by correcting editorial errors VI. Ordering Clauses 315, 317, 325, 339, 340, 341, 503, 521, 522, to the list of hazardous substances and 531, 532, 534, 535, 536, 537, 543, 544, 544a, RQs. Superfund (i.e., CERCLA) requires 68. Accordingly, it is ordered that, 545, 548, 549, 552, 554, 556, 558, 560, 561, PHMSA to list and regulate all pursuant to the authority contained in 571, 572, 573. hazardous substances designated by the sections 1, 2(a), 4(i) 157 nt., 303(r), 335, Environmental Protection Agency 601(6), 628(b,c), and 653(c)(1) of the I 2. Add subpart X to part 76 to read as (EPA). This final rule enables shippers Communications Act of 1934, as follows: and carriers to identify the affected amended; 47 U.S.C. 151, 152(a), 154(i), hazardous substances, comply with all 157 nt., 303(r), 335, 521(6), 548(b,c), and Subpart X—Access to MDUs applicable regulatory requirements, and 573(c)(1), this Report and Order is make the required notifications if the § 76.2000 Exclusive access to multiple adopted. release of a hazardous substance occurs. 69. It is further ordered that, pursuant dwelling units generally. to the authority contained in sections 1, DATES: Effective Date: March 31, 2008. (a) Prohibition. No cable operator or 2(a), 4(i) 157 nt., 303(r), 335, 601(6), Voluntary Compliance Date: PHMSA other provider of MVPD service subject 628(b,c), and 653(c)(1) of the is authorizing voluntary compliance Communications Act of 1934, as to 47 U.S.C. 548 shall enforce or execute beginning February 29, 2008. amended, 47 U.S.C. 151, 152(a), 154(i), any provision in a contract that grants FOR FURTHER INFORMATION CONTACT: Dirk 157 nt., 303(r), 335, 521(6), 548(b,c), and to it the exclusive right to provide any Der Kinderen (202) 366–8553, Office of 573(c)(1), 47 CFR part 76.2000 of the video programming service (alone or in Hazardous Materials Standards, Commission’s rules is amended, as set combination with other services) to a PHMSA, 1200 New Jersey Avenue, SE., forth below. It is our intention in MDU. All such exclusivity clauses are East Building, Washington, DC 20590– adopting these rule changes that, if any null and void. 0001. Questions about hazardous provision of the rules is held invalid by (b) Definition. For purposes of this substance designations or reportable any court of competent jurisdiction, the rule, MDU shall include a multiple quantities should be directed to EPA at remaining provisions shall remain in dwelling unit building (such as an the Superfund, EPCRA, RMP and Oil effect to the fullest extent permitted by apartment building, condominium Information hotline at (800) 424–9346 or, in Washington, DC, local area (703) law. building or cooperative) and any other 412–9810. 70. It is further ordered that the centrally managed residential real estate following documents shall be made part development (such as a gated SUPPLEMENTARY INFORMATION: of the record in this proceeding: (a) community, mobile home park, or Letter from Leora Hochstein, Executive I. Background garden apartment); provided however, Director, Federal Regulatory, Verizon, to Section 306(a) of the Comprehensive Marlene H. Dortch, Commission that MDU shall not include time share Environmental Response, Compensation Secretary, MB Docket No. 05–311 (Aug. units, academic campuses and and Liability Act of 1980 (CERCLA; 42 9, 2006); (b) Letter from Ms. Hochstein dormitories, military bases, hotels, U.S.C. 9601–9675), as amended by to Ms. Dortch, MB Docket No. 05–311 rooming houses, prisons, jails, halfway section 202 of the Superfund (July 6, 2006); (c) Comments of houses, hospitals, nursing homes or Amendments and Reauthorization Act SureWest Communications in MM other assisted living facilities. of 1986 (SARA; 42 U.S.C 11011 et seq.), Docket No. 06–189; (d) Comments of [FR Doc. E7–25349 Filed 1–4–08; 8:45 am] requires the Secretary of Transportation to regulate hazardous substances listed Manatee County, Florida, in MB Docket BILLING CODE 6712–01–P No. 05–311; and (e) the Comments of or designated under Section 101(14) of Cablevision and Comcast in MB Docket CERCLA, 42 U.S.C. 9601(14), as No. 07–29. hazardous materials under the Federal 71. It is further ordered that the rule hazardous materials transportation law contained herein shall become effective (49 U.S.C. 5101–5128). PHMSA carries VerDate Aug<31>2005 18:28 Jan 04, 2008 Jkt 214001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\07JAR1.SGM 07JAR1 sroberts on PROD1PC70 with RULES 1090 Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Rules and Regulations out the rulemaking responsibilities of Appendix A to § 172.101 to be substances from Table 302.4 in the the Secretary of Transportation under consistent with revisions made in recent interest of avoiding duplicative entries the Federal hazardous materials EPA rules that followed our last reprint and deleted a number of synonyms of transportation law, 49 CFR 1.53(b). This of Table 1. The EPA changes to Table hazardous substances because the final rule is necessary to comply with 42 302.4 are discussed as follows. (See the synonyms are not listed in RCRA, CWA, U.S.C. 9656(a), as amended by Section tables below for a listing of hazardous CAA, or their implementing regulations. 202 of SARA. substances added and deleted by the Please refer to the July 9, 2002 Federal In carrying out the statutory mandate, EPA rules discussed below.) Register noted above for a complete PHMSA has no discretion to determine On July 9, 2002, EPA issued a direct explanation of the additions and what is or is not a hazardous substance final rule (67 FR 45314) correcting deletions. This rule revises the entries or the appropriate reportable quantity errors and removing obsolete or in Table 1 of Appendix A to § 172.101 (RQ) for materials designated as redundant language in its Table 302.4. of the HMR for consistency with the hazardous substances. This authority is The majority of the errors were either revisions in EPA’s July 9, 2002 final vested in EPA. In accordance with typographical or the result of rule. However, we are retaining the CERCLA requirements, EPA must issue inadvertent omissions. Specifically, entry for ‘‘Methyl chloroformate’’ and final rules amending the list of CERCLA errors included unintentional adding the footnote ‘‘@’’ because hazardous substances, including discrepancies between an individual ‘‘Methyl chloroformate’’ is also listed as adjusting RQs, before PHMSA can hazardous substance name appearing in a proper shipping name in the amend the list of hazardous substances Table 302.4 and the same name as it Hazardous Materials Table (HMT). The in the HMR. PHMSA periodically footnote ‘‘@’’ signifies that the entry is revises the list of hazardous substances appears in other statutes (i.e., Resource Conservation and Recovery Act (RCRA) added by PHMSA because it is a and RQs in the HMR (49 CFR Parts 171– synonym for a listed hazardous 180) as adjustments are made by EPA. section 3001, Clean Water Act (CWA) sections 307 and 311, and Clean Air Act substance and appears in the HMT as a This final rule revises the ‘‘List of proper shipping name. Hazardous Substances and Reportable (CAA) section 112) and their On February 24, 2005, EPA issued a Quantities’’ that appears in Table 1 of implementing regulations. EPA made final rule (70 FR 9138) that added an Appendix A to § 172.101 to be corrections to the names of a number of entry for the K181 waste code consistent with EPA’s List of Hazardous hazardous substances to make them (nonwastewaters from the production of Substances and Reportable Quantities in consistent with names that appear in dyes and/or pigments) to Table 302.4 40 CFR 302.4 (Table 302.4).
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