[Federal Register: June 8, 2005 (Volume 70, Number 109)]
[Rules and Regulations]
[Page 33378-33380]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn05-21]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 171
[Docket No. RSPA-03-16370 (HM-233)]
RIN 2137-AD84
Hazardous Materials: Incorporation of Exemptions Into
Regulations; Notice of Information Collection Approval
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule notice announces Office of Management and
Budget (OMB) approval of information collection request (ICR) OMB No.
2137-0620, ``Inspection and Testing of Meter Provers.'' This
information collection has been approved by OMB until May 31, 2008.
This notice also makes appropriate revisions to regulations concerning
the Paperwork Reduction Act to incorporate this new information
collection approval under OMB Control No. 2137-0620.
DATES: The effective date of this final rule is March 25, 2005. This
ICR expires on May 31, 2008.
FOR FURTHER INFORMATION CONTACT: Deborah Boothe or T. Glenn Foster,
Office of Hazardous Materials Standards (PHH-11), Pipeline and
Hazardous Materials Safety Administration, Room 8422, 400 Seventh
Street, SW., Washington, DC 20590-0001, Telephone (202) 366-8553.
ADDRESSES: Requests for a copy of an information collection should be
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous
Materials Standards (PHH-11), Pipeline and Hazardous Materials Safety
Administration, Room 8422, 400 Seventh Street, SW., Washington, DC
20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On January 24, 2005, the Pipeline and Hazardous Materials Safety
Administration (PHMSA, we) published a final rule to enhance the safety
of hazardous materials transported in commerce (70 FR 3302). In this
final rule, we incorporated into the regulations the provisions of
certain widely-used exemptions that have an established safety history
and that may be converted into regulations for general use. We also
made minor revisions to the requirements for use of packagings
authorized under exemptions. The
[[Page 33379]]
revisions provide wider access to the benefits of the provisions
granted in these exemptions and eliminate the need for the current
exemption holders to reapply for renewal of the exemption, thus
reducing paperwork burdens and facilitating commerce while maintaining
an acceptable level of safety. The effective date of this final rule is
March 25, 2005.
On May 5, 2005, OMB approved an information collection for the
inspection and testing of meter provers, OMB No. 2137-0620,
``Inspection and Testing of Meter Provers,'' until May 31, 2008.
Because OMB approved the information collection after publication of
the January 24, 2005 final rule, we are announcing the OMB approval and
incorporating this new information collection approval into Sec.
171.6, ``Control numbers under the Paperwork Reduction Act,'' under OMB
Control No 2137-0620.
OMB regulations (5 CFR 1320) implementing provisions of the
Paperwork Reduction Act of 1995 (Pub. L. 104-13) require that
interested members of the public and affected agencies have an
opportunity to comment on information collection and recordkeeping
activities (see 5 CFR 1320.8(s)) and specify that no person is required
to respond to an information collection unless it displays a valid OMB
control number. In accordance with the Paperwork Reduction Act of 1995,
PHMSA has received OMB approval of the following ICR and Sec.
171.6(b)(2) is revised by incorporating the following information
collection:
OMB Control Number: 2137-0620.
Title: Inspection and Testing of Meter Provers.
This information collection approval expires on May 31, 2008. This
information collection request was approved by OMB on May 5, 2005.
II. Summary of Regulatory Changes
Section 171.6
We are revising the table in paragraph (b)(2) to incorporate a new
information collection, OMB No. 2137-0620, ``Inspection and Testing of
Meter Provers.''
III. Regulatory Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) and was not reviewed by the Office of Management and
Budget (OMB). This final rule is not considered a significant rule
under the Regulatory Policies and Procedures order issued by the
Department of Transportation [44 FR 11034]. The costs and benefits of
this final rule are considered to be so minimal as to not warrant
preparation of a regulatory impact analysis or a regulatory evaluation.
The provisions of this final rule provide a relaxation of the
regulations and, as such, impose little or no additional costs to
affected industry.
B. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 13132 (``Federalism''). This final rule
does not propose any regulation that: (1) Has substantial direct
effects on the States, the relationship between the National Government
and the States, or the distribution of power and responsibilities among
the various levels of government; (2) imposes substantial direct
compliance costs on State and local governments; or (3) preempts State
law. Therefore, the consultation and funding requirements of Executive
Order 13132 do not apply. PHMSA is not aware of any State, local, or
Indian tribe requirements that would be preempted by correcting
editorial errors and making minor regulatory changes. This final rule
does not have sufficient federalism impacts to warrant the preparation
of a federalism assessment.
C. Executive Order 13175
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications, does not impose substantial direct
compliance costs on Indian tribal governments, and does not preempt
tribal law, the funding and consultation requirements of Executive
Order 13175 do not apply, and a tribal summary impact statement is not
required.
D. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. This rule makes minor
editorial changes which will not impose any new requirements on persons
subject to the HMR; thus, there are no direct or indirect adverse
economic impacts for small units of government, businesses or other
organizations.
E. Unfunded Mandates Reform Act of 1995
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$120.7 million or more to either State, local, or tribal governments,
in the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
F. Paperwork Reduction Act
There are no new information collection requirements in this final
rule. This final rule announces the approval of information collection
OMB No. 2137-0620 ``Inspection and Testing of Meter Provers,'' and
incorporates this new OMB Control Number, Title, and Affected Sections
into the Section 171.6 (b)(2) table in the HMR.
G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects in 49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
0
In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
1. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
section 31001.
0
2. In Sec. 171.6, the table in paragraph (b)(2) is amended to add a
new entry ``OMB No. 2137-0620'' in numeric order, to read as follows:
Sec. 171.6 Control numbers under the Paperwork Reduction Act.
* * * * *
(b) * * *
(2) * * *
[[Page 33380]]
------------------------------------------------------------------------
Title 49 CFR part
or section where
Current OMB Control No. Title identified and
described
------------------------------------------------------------------------
* * * * * * *
2137-0620....................... Inspection and Part 173, Subpart
Testing of Meter A, Sec. 173.5a.
Provers.
------------------------------------------------------------------------
Issued in Washington, DC, on June 2, 2005.
Susan Gorsky,
Acting Director, Office of Hazardous Materials Standards.
[FR Doc. 05-11399 Filed 6-7-05; 8:45 am]
BILLING CODE 4910-60-P