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70808 Federal Register / Vol. 72, No.

239 / Thursday, December 13, 2007 / Rules and Regulations

2483.5–2500 MHz band (Big LEO S- Commission delegates authority to its Register, 72 FR 31948, June 8, 2007, that
band) was allocated to the Mobile- International Bureau to modify the MSS sets forth an effective date of June 8,
Satellite Service (MSS) for low-earth licenses of Iridium and Globalstar in 2007, except for the revisions and
orbiting satellites (Big LEOs) in 1994. accordance with this decision, pursuant amendments to §§ 64.2003, 64.2005,
The Commission assigned the 1610– to Section 316 of the Communications 64.2007, and 64.2009, and the addition
1621.35 MHz segment in the Earth-to- Act of 1934, as amended, 47 U.S.C. 316. of §§ 64.2010 and 64.2011, which
space (uplink) direction for up to four This Second Order on contained information collection
code division multiple access (CDMA) Reconsideration and Second Report and requirements that had not been
MSS systems, paired with the 2483.5– Order does not contain new or modified approved by the Office of Management
2500 MHz band for the four CDMA MSS information collection requirements and Budget (OMB). The document
systems in the space-to-Earth subject to the Paperwork Reduction Act stated that the Commission will publish
(downlink) direction. The Commission of 1995 (PRA), Public Law 104–13. In a document in the Federal Register
designated the 1621.35–1626.5 MHz addition, therefore, it does not contain announcing the effective date of these
segment for a single time division any new or modified ‘‘information rules. On December 6, 2007, OMB
multiple access (TDMA) system (uplink collection burden for small business approved the information collection
and downlink). Since 1994, only one concerns with fewer than 25 requirements contained in these
CDMA system, operated by Globalstar, employees,’’ pursuant to the Small sections pursuant to OMB Control No.
Inc. (Globalstar), and one TDMA system, Business Paperwork Relief Act of 2002, 3060–0715. Accordingly, the
operated by Iridium Satellite LLC Public Law 107–198, see 44 U.S.C. information collection requirements
(Iridium), have launched and operated. 3506(c)(4). contained in these rules became
In the antecedent Big LEO Spectrum Federal Communications Commission. effective on December 8, 2007. The
Sharing Order, the Commission Marlene H. Dortch, expiration date for the information
reassigned the 1618.25–1621.35 MHz Secretary.
collection is June 30, 2008.
segment of the band, formerly used for Federal Communications Commission.
[FR Doc. E7–24104 Filed 12–12–07; 8:45 am]
MSS solely by Globalstar, for sharing Marlene H. Dortch,
BILLING CODE 6712–01–P
between the two systems. See Review of
Secretary.
the Spectrum Sharing Plan Among Non-
Geostationary Satellite Orbit Mobile [FR Doc. E7–24105 Filed 12–12–07; 8:45 am]
FEDERAL COMMUNICATIONS BILLING CODE 6712–01–P
Satellite Service Systems in the 1.6/2.4
COMMISSION
GHz Bands; Allocation of Spectrum
Below 3 GHz for Mobile and Fixed 47 CFR Part 64
Services To Support the Introduction of DEPARTMENT OF TRANSPORTATION
New Advanced Wireless Services, [CC Docket No. 96–115, WC Docket No. 04–
Including Third Generation Wireless 36; FCC 07–22] Pipeline and Hazardous Materials
Systems (Big LEO Spectrum Sharing Safety Administration
Customer Proprietary Network
Order), 69 FR 48157, Aug. 9, 2004. The Information
Commission also sought comment on 49 CFR Part 192
sharing an additional 2.25 megahertz of AGENCY: Federal Communications [Docket ID PHMSA–2003–15852]
spectrum, at 1616–1618.25 MHz, Commission.
RIN 2137–AE17
between the two systems. See Spectrum ACTION: Final rule; announcement of
Sharing Plan Among Non-Geostationary effective date. Pipeline Safety: Applicability of Public
Satellite Orbit Mobile Satellite Service Awareness Regulations to Certain Gas
Systems in the 1.6/2.4 GHz Bands (Big SUMMARY: The Commission adopted
Distribution Operators
LEO Spectrum Sharing Further Notice), rules to implement section 222 of the
69 FR 48192, Aug. 9, 2004. Communications Act of 1934, as AGENCY: Pipeline and Hazardous
Based on the record generated in this amended, which governs carriers’ use Materials Safety Administration
proceeding, the Commission revises its and disclosure of customer proprietary (PHMSA), Department of Transportation
prior decision to assign the 1618.25– network information. The rules in (DOT).
1621.35 MHz segment for sharing §§ 64.2003, 64.2005, 64.2007, 64.2009, ACTION: Final rule.
between the two systems. Instead, the 64.2010, and 64.2011 required Office of
Management and Budget approval and SUMMARY: This final rule relaxes
Commission reassigns the 1618.725–
the Commission stated previously in its regulatory requirements governing
1621.35 MHz segment to TDMA systems
Federal Register publication that it public awareness programs conducted
(Iridium) for exclusive use, and requires
would announce the effective date of by operators of master meter systems
sharing in a small portion of the L-band,
these rules when approved. This and certain operators of petroleum gas
at 1617.775–1618.725 MHz, in order to
document announces the effective date systems. These operators typically
accommodate the realities of
of these rules. manage property and incidentally
Globalstar’s CDMA channel plan. As a
DATES: The revisions and amendments provide gas service to customers located
result of this action, Globalstar will have
to 47 CFR 64.2003, 64.2005, 64.2007, on the property. The change provides a
exclusive MSS use of 7.775 megahertz
and 64.2009, and the addition of 47 CFR less burdensome means for these
of spectrum in the L-band at 1610–
64.2010 and 64.2011, published at 72 operators to satisfy public awareness
1617.775 MHz, Iridium will have
FR 31948, June 8, 2007, became needs.
exclusive use of 7.775 megahertz of
spectrum at 1618.725–1626.5 MHz, and effective on December 8, 2007. DATES: This final rule takes effect
FOR FURTHER INFORMATION CONTACT: January 14, 2008.
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the two MSS operators will share 0.95


megahertz of spectrum at 1617.775– Melissa Droller Kirkel, (202) 418–7958, FOR FURTHER INFORMATION CONTACT: For
1618.725 MHz. As a result of this Wireline Competition Bureau. information about this rulemaking
decision, the Big LEO Spectrum Sharing SUPPLEMENTARY INFORMATION: The FCC contact Barbara Betsock by phone at
Further Notice has become moot. The published a document in the Federal (202) 366–4361, or by e-mail at

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Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Rules and Regulations 70809

barbara.betsock@dot.gov. For stakeholders which the APGA predicts voting by letter ballot, voted
information about public awareness for messages sent by operators of master unanimously to support the NPRM as
programs, contact Blaine Keener by meter systems applies to the messages technically feasible, reasonable, cost-
phone at (202) 366–0970 or e-mail at sent by operators of small petroleum gas effective and practicable. The letter
blaine.keener@dot.gov. distribution systems. In a written ballots have been placed in the docket
SUPPLEMENTARY INFORMATION:
response to the APGA and through for advisory committee materials
public workshops and an advisory (Docket ID PHMSA–RSPA–1998–4470).
Background bulletin (71 FR 34998; June 16, 2006),
Compliance Dates
PHMSA reopened this rulemaking in PHMSA indicated its intention to
relieve operators of master meter and The regulations currently require
response to a petition for
petroleum gas distribution systems of development and implementation of
reconsideration filed by the American
some of the requirements for public public awareness programs meeting API
Public Gas Association (APGA). The
awareness programs. On September 29, RP 1162. This final rule provides less
APGA proposed that we exempt
2006, PHMSA published a notice of onerous requirements for master meter
operators of master meter systems from and petroleum gas operators (for whom
the agency’s new public awareness proposed rulemaking (NPRM) to
accomplish this (71 FR 57457; Sept. 29, gas transportation is not a primary
regulations (70 FR 28833; May 19, business activity) regardless of size.
2005), which require all pipeline 2006).
PHMSA does not anticipate that these
operators to develop written public Comments on the NPRM and Advisory operators will have difficulty complying
awareness programs following Committee Consideration with these relaxed requirements.
American Petroleum Institute PHMSA received five sets of However, because gas distribution is not
Recommended Practice 1162 (API RP comments on the NPRM. The APGA their primary business, it may take more
1162). The specific regulations in issue supports the NPRM as responsive to its time for these operators to learn of their
(codified at 49 CFR 192.616) require all petition, and all commenters support responsibilities for new gas pipeline
pipeline operators to provide pipeline relaxing the regulations for the operators safety regulations. Therefore, we are
safety awareness materials to the of master meter and petroleum gas including a compliance date six months
affected public, emergency officials, distribution systems. from issuance of this final rule.
local public officials, and excavators. The Manufactured Housing Institute
The APGA petition asked that PHMSA urges PHMSA to grant complete relief Regulatory Analyses and Notices
amend these requirements on the from public awareness requirements to Privacy Act Statement
ground that messages from operators of master meter operators. PHMSA is not
master meter systems to the public and Anyone may search the electronic
considering doing so because of the form of all comments received for any
emergency officials could differ from safety benefit of public awareness. In
messages being sent by large gas of our dockets. You may review DOT’s
addition, 49 U.S.C. 60116 requires all complete Privacy Act Statement in the
distribution operators and cause operators to have public awareness
confusion among these pipeline safety Federal Register published on April 11,
programs. 2000 (65 FR 19477) or you may visit
stakeholders. As an alternative, the The APGA asks that PHMSA http://dms.dot.gov.
APGA proposed that operators of master additionally require master meter
meter systems be required to pass along operators to pass on to their customers Executive Order 12866 and DOT
to their customers the awareness the educational materials received from Policies and Procedures
materials provided by the gas supplying gas companies. PHMSA is not This final rule is not a significant
distribution operator serving the master requiring this because the customers of regulatory action under section 3(f) of
meter. master meter operators will already Executive Order 12866 (58 FR 51735)
PHMSA has decided to relax the receive materials from operators with and, therefore, was not reviewed by the
public awareness requirements for pipelines near the customers. Office of Management and Budget. This
operators of master meter systems, but The National Propane Gas Association final rule is not significant under the
we are not adopting the specific and the Maine Oil Dealer Association Regulatory Policies and Procedures of
amendment proposed by the APGA. ask for a clarification with respect to the Department of Transportation (44 FR
Customers on the master meter system petroleum gas marketers. The 11034).
may already receive pipeline safety associations ask PHMSA to allow
information directly from pipeline marketers whose business involves Regulatory Flexibility Act
operators near their residence. However, transportation of gas by truck and Under the Regulatory Flexibility Act
only the operator of the master meter pipeline to qualify for the relaxed (5 U.S.C. 601 et seq.), PHMSA must
system can provide the critical requirements proposed in the NPRM if consider whether rulemaking actions
information needed by these customers only a small portion of that would have a significant economic
to report a potential gas emergency on transportation is by pipeline. The impact on a substantial number of small
the master meter system. relaxed requirement criteria are taken entities. This final rule will affect about
During the review of the APGA from existing regulations at 49 CFR 20,000 operators of master meters and
petition, PHMSA determined that 192.614(e). Operators who currently petroleum gas systems. Although we do
operators of petroleum gas distribution ‘‘qualify’’ for the exemption in not have quantitative data, we believe
systems whose primary business is not § 192.614(e) will also ‘‘qualify’’ for the most of these operators are small
transportation should be treated the relaxed public awareness requirements. entities. This final rule will relieve
same as operators of a master meter It is unnecessary to add, as suggested by regulatory burden for most of these
distribution system with respect to the commenters, the qualifier ‘‘by operators. Based on the above
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public awareness requirements. Both of pipeline’’ to the term ‘‘transportation of information, I hereby certify under
these operator types typically operate gas’’ since that term is defined in § 192.3 section 605 of the Regulatory Flexibility
gas distribution systems within a well- to be limited to pipeline transportation. Act that this regulation rule will not
defined area as a secondary business. The members of the Technical have a significant impact on a
The potential confusion among Pipeline Safety Standards Committee, substantial number of small entities.

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70810 Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Rules and Regulations

Executive Order 13175 compliance costs on State and local under paragraph (j) of this section, each
PHMSA has analyzed this rulemaking governments. This final regulation pipeline operator must develop and
according to Executive Order 13175, would not preempt state law for implement a written continuing public
‘‘Consultation and Coordination with intrastate pipelines. Therefore, the education program that follows the
Indian Tribal Governments.’’ Because consultation and funding requirements guidance provided in the American
this final rule will not significantly or of Executive Order 13132 do not apply. Petroleum Institute’s (API)
uniquely affect the communities of the Recommended Practice (RP) 1162
Executive Order 13211
Indian tribal governments or impose (incorporated by reference, see § 192.7).
Transporting gas impacts the nation’s * * * * *
substantial direct compliance costs, the
available energy supply. However, this (h) * * * The operator of a master
funding and consultation requirements
final rule is not a ‘‘significant energy meter or petroleum gas system covered
of Executive Order 13175 do not apply.
action’’ under Executive Order 13211. It under paragraph (j) of this section must
Paperwork Reduction Act also is not a significant regulatory action complete development of its written
This final rule does not impose any under Executive Order 12866 and is not procedure by June 13, 2008. * * *
new information collection likely to have a significant adverse effect
on the supply, distribution, or use of * * * * *
requirements. (j) Unless the operator transports gas
energy. Further, the Administrator of
Unfunded Mandates Reform Act of 1995 the Office of Information and Regulatory as a primary activity, the operator of a
This final rule does not impose Affairs has not identified this final rule master meter or petroleum gas system is
unfunded mandates under the as a significant energy action. not required to develop a public
Unfunded Mandates Reform Act of awareness program as prescribed in
List of Subjects in 49 CFR Part 192 paragraphs (a) through (g) of this
1995. It does not result in costs of $100
million or more to either State, local, or Pipeline safety, Reporting and section. Instead the operator must
tribal governments, in the aggregate, or recordkeeping requirements. develop and implement a written
to the private sector, and is the least ■ For the reasons provided in the procedure to provide its customers
burdensome alternative that achieves preamble, PHMSA amends 49 CFR part public awareness messages twice
the objective of the rulemaking. 192 as follows: annually. If the master meter or
petroleum gas system is located on
National Environmental Policy Act PART 192—TRANSPORTATION OF property the operator does not control,
PHMSA has analyzed this final rule NATURAL AND OTHER GAS BY the operator must provide similar
for purposes of the National PIPELINE: MINIMUM FEDERAL messages twice annually to persons
Environmental Policy Act (42 U.S.C. SAFETY STANDARDS controlling the property. The public
4321 et seq.) and determined this final awareness message must include:
■ 1. The authority citation for part 192 (1) A description of the purpose and
rule is unlikely to affect the quality of
continues to read as follows: reliability of the pipeline;
the human environment significantly.
An environmental assessment document Authority: 49 U.S.C. 5103, 60102, 60104, (2) An overview of the hazards of the
is available for review in the docket. 60108, 60109, 60110, 60113, 60116, and pipeline and prevention measures used;
60118; and 49 CFR 1.53.
Executive Order 13132 (3) Information about damage
■ 2. Amend § 192.616 as follows: prevention;
PHMSA has analyzed the rulemaking ■ a. Revise paragraph (a); (4) How to recognize and respond to
according to Executive Order 13132 ■ b. Revise the second sentence of a leak; and
(‘‘Federalism’’). This final rule does not paragraph (h); and (5) How to get additional information.
have a substantial direct effect on the ■ c. Add paragraph (j).
States, the relationship between the Issued in Washington, DC, on December 6,
The revisions and additions read as 2007.
national government and the States, or follows:
the distribution of power and Krista L. Edwards,
responsibilities among the various § 192.616 Public awareness. Acting Administrator.
levels of government. This final rule (a) Except for an operator of a master [FR Doc. E7–24124 Filed 12–12–07; 8:45 am]
does not impose substantial direct meter or petroleum gas system covered BILLING CODE 4910–60–P
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