[Federal Register: September 20, 2006 (Volume 71, Number 182)]
[Rules and Regulations]
[Page 54937-54938]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se06-22]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, 172, 173, 175, 177, 178 and 180
[Docket No. PHMSA-2006-25496 (HM-189Z)]
RIN 2137-AE20
Hazardous Materials Regulations: Minor Editorial Corrections and
Clarifications; Correction
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule; correction.
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SUMMARY: PHMSA is correcting a minor error in a final rule, published
in the Federal Register on September 14, 2006. That final rule
corrected editorial errors, made minor regulatory changes and, in
response to requests for clarification, improved the clarity of certain
provisions in the Hazardous Materials Regulations (HMR).
DATES: Effective date: October 1, 2006.
FOR FURTHER INFORMATION CONTACT: Kevin Leary, Office of Hazardous
Materials Standards, (202) 366-8553, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 400 Seventh
Street, SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On September 14, 2006, the Pipeline and Hazardous Materials Safety
Administration (PHMSA, we) published a final rule under Docket HM-189Z
(71 FR 54388) to correct editorial errors, make minor regulatory
changes and, in response to requests for clarification, improved the
clarity of certain provisions in the Hazardous Materials Regulations
(HMR).
This document corrects a minor error in the September 14, 2006
final. We inadvertently omitted several sentences that are part of the
current regulatory requirements in paragraph (b) of Sec. 173.153. This
section provides exceptions for certain shipments of Division 6.1
materials. The omitted sentences establish the conditions under which
the exception may be utilized for air transportation and limit the
total weight authorized for packages utilizing the exception. In this
final rule, we are restoring these sentences to the paragraph.
Because these amendments do not impose new requirements, notice and
public procedure are unnecessary. By
[[Page 54938]]
making these amendments effective without the customary 30-day delay
following publication, the changes will appear in the next revision of
49 CFR.
II. 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) of Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget. This rule is not
significant under the Regulatory Policies and Procedures of the
Department of Transportation (44 FR 11034). This final rule will not
result in increased compliance costs for hazardous materials shippers
or carriers; therefore, it is not necessary to prepare a regulatory
impact analysis.
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 adopt 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. 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 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.
G. Environmental Impact Analysis
There are no environmental impacts associated with this final rule.
H. 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 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
0
In consideration of the foregoing, we are making the following
correction to rule FR Doc. E6-15282, published on September 14, 2006:
PART 173--[CORRECTED]
0
1. On page 54395, in Sec. 173.153, correct the introductory text to
paragraph (b) to read as follows:
Sec. 173.153 Exceptions for Division 6.1 (poisonous materials).
* * * * *
(b) Limited quantities of Division 6.1 materials. The exceptions in
this paragraph do not apply to poison-by-inhalation materials. Limited
quantities of poisonous materials (Division 6.1) in Packing Group II
and III are excepted from the specification packaging requirements of
this subchapter when packaged in combination packagings according to
this paragraph. For transportation by aircraft, the package must also
comply with the applicable requirements of Sec. 173.27 of this
subchapter and only hazardous materials authorized aboard passenger-
carrying aircraft may be transported as a limited quantity. In
addition, shipments of these limited quantities are not subject to
subpart F of part 172 (Placarding) of this subchapter. Each package
must conform to the packaging requirements of subpart B of this part
and may not exceed 30 kg (66 pounds) gross weight. The following
combination packagings are authorized:
* * * * *
Issued in Washington, DC, on September 15, 2006, under authority
delegated in 49 CFR part 1.
Thomas J. Barrett,
Administrator.
[FR Doc. 06-7793 Filed 9-19-06; 8:45 am]
BILLING CODE 4910-60-P