[Federal Register: July 2, 2007 (Volume 72, Number 126)]
[Proposed Rules]
[Page 35961-35966]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jy07-18]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 172
[RSPA Docket No. 2006-26322 (HM-206F)]
RIN 2137-AE21
Hazardous Materials: Revision of Requirements for Emergency
Response Telephone Numbers
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice of Proposed Rulemaking (NPRM).
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SUMMARY: In this NPRM, PHMSA proposes to amend the Hazardous Materials
Regulations (HMR) to clarify requirements governing emergency response
information services provided by arrangement with hazardous materials
offerors. In order to preserve the effectiveness of these arrangements
for providing accurate and timely emergency response information, PHMSA
proposes to require that basic identifying information (offeror name or
contract number) be included in shipping papers. This information will
enable the service provider to identify the shipper on whose behalf it
is accepting responsibility for providing emergency response
information in the event of a hazardous materials incident.
DATES: Comments must be received by August 31, 2007. To the extent
possible, we will consider late filed comments as we determine what
further action will be taken.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Web Site: http://dms/dot/gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251.
Mail: Docket Management System; U.S. Department of
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
Hand Delivery: To U.S. Department of Transportation,
Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey
Avenue, SE., Washington, DC 20590-0001 between 9 a.m. and 5 p.m. Monday
through Friday, except Federal holidays.
Instructions: Include the agency name and docket number PHMSA-06-
26322 (HM-206F) 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 http://dms.dot.gov including
any personal information provided. If sent by mail, comments must be
submitted in duplicate. Persons wishing to receive confirmation of
receipt of their comments must include a self-addressed stamped
postcard or access our Web site at http://dms.dot.gov.
Docket: You may view the public docket through the Internet at
http://dms.dot.gov or in person at the Docket Operations office at the
above address.
FOR FURTHER INFORMATION CONTACT: Joan McIntyre, Office of Hazardous
Materials Standards, telephone (202) 366-8553, Pipeline and Hazardous
Materials Safety Administration.
FOR FURTHER INFORMATION CONTACT: Joan McIntyre, Office of Hazardous
Materials Standards, (202) 366-8553, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation.
SUPPLEMENTARY INFORMATION:
I. Background
The proposed rule would make a narrow, clarifying change to the
requirements of the Hazardous Materials Regulations (HMR; 49 CFR parts
171-180) applicable to shipping papers for certain hazardous materials
shipments. With limited exceptions not applicable here, the HMR require
that shipments of hazardous materials be accompanied by shipping papers
and other documentation designed to communicate to transport workers
and
[[Page 35962]]
emergency responders the hazards associated with a specific shipment.
This information must include the immediate hazard to health; risks of
fire or explosion; immediate precautions to be taken in the event of an
accident; immediate methods for handling fires; initial methods for
handling spills in the absence of fire; and preliminary first aid
measures. The information must be in writing, in English, and presented
on a shipping paper or related shipping document (see Sec. 172.602).
In addition to written emergency response information, Sec.
172.604 of the HMR requires a person who offers a hazardous material
for transportation in commerce to provide an emergency response
telephone number on the shipping paper. The emergency response
telephone number must connect a caller to the offeror or to a party
capable of, and accepting responsibility for, providing detailed
information about the hazardous materials shipment. The emergency
response telephone number is used by emergency responders and transport
workers to obtain detailed, product-specific information, including
directions for remedial measures to be taken in the event of an
incident during transportation.
The telephone number must be answered by a person who is
knowledgeable about the material being shipped and possesses
comprehensive emergency response and incident mitigation information
for that material, or has immediate access to a person who possesses
such knowledge. Under this standard, ``immediate access'' requires that
the emergency response information be provided to the emergency
responder or transportation worker promptly and with no undue delay.
Additionally, the emergency response telephone number must be active,
with no limitations, during the entire time a shipment is in
transportation, including storage incidental to movement and intermodal
shipments that are transferred from one carrier to another for
continued transportation. The term ``storage incidental to movement''
means storage occurring between the time a hazardous material is
offered for transportation and the time it is delivered to the
consignee (see definition for ``storage incidental to movement'' in
Sec. 171.8).
As set forth in Sec. 172.604(a), it is the responsibility of the
person who offers a hazardous material for transportation to provide an
emergency response telephone number meeting the requirements in the
HMR. As currently required in Sec. 172.604(b), a person offering a
hazardous material must ensure that the emergency response service
provider has up-to-date information on the hazardous material and that
the emergency response service provider is capable of and has accepted
responsibility for providing detailed emergency response information.
As revised under a final rule, HM-223A, published on July 28, 2005
(70 FR 43638), the definition of a ``person who offers or offeror'' (49
CFR 171.8) includes ``any person who performs, or is responsible for
performing, any pre-transportation function required under this
subchapter for transportation of the hazardous material in commerce.''
The definition goes on to provide that a carrier is not an offeror when
it performs a function as a condition of accepting a hazardous material
shipment for continued transportation without performing a pre-
transportation function (see definition for ``pre-transportation
function'' in Sec. 171.8). Offerors and carriers may rely on
information provided by a previous offeror or carrier unless they know,
or a reasonable person acting in the circumstances and exercising
reasonable care would know, that the information provided to them is
incorrect.
Any person subject to the HMR, who by action or inaction and with
knowledge of incorrect information, prevents immediate access to
emergency response information creates a potential safety hazard and is
in violation of the HMR. Additionally, an offeror or an interconnecting
carrier who knowingly or willfully provides incorrect information to a
subsequent carrier, or a subsequent carrier who knowingly accepts and
continues to use inaccurate information, is in violation of the HMR. A
civil or criminal penalty (see Sec. Sec. 107.329 and 107.333) may be
assessed against any person subject to the HMR who knowingly or
willfully offers for transportation or transports a hazardous material
in a manner not complying with the HMR.
II. Purpose of This NPRM
We have become aware of a number of problems associated with
emergency response telephone numbers on shipping papers, specifically
related to the increasing use by shippers of emergency response service
providers to comply with the requirements of Sec. 172.604. In such
situations, the original shipper (offeror) enters into a contract or
agreement with an agency or organization (industry associations may
offer this service to their members) accepting responsibility for
providing detailed emergency response information in accordance with
Sec. 172.604(b). The telephone number on the shipping paper is the
telephone number of the emergency response service provider, but the
original shipper is not required to include a notation to this effect
on the shipping paper, nor is the name of the original shipper required
to appear on the shipping paper. Thus, the identity of the person who
arranged with the emergency response service provider is not readily
available through shipping documentation.
The International Vessel Operators Hazardous Materials Association
(VOHMA) has requested that we revise the emergency response telephone
number requirement to link the emergency response service provider to
the original shipper who arranged for the emergency response service.
VOHMA states that valuable time is lost when shipments are delayed
while emergency responders or enforcement officers are attempting to
obtain or verify emergency response information and their efforts are
obstructed because the party who arranged with the emergency response
service is not noted on the shipping papers.
This problem is exacerbated because, under the HMR, a carrier or
freight forwarder preparing a shipping paper for the continued movement
of a hazardous material in commerce may rely on information provided by
the original shipper for the preparation of the new shipping paper (for
example, the classification of the material, the compatibility of the
material with the packaging being used, or the emergency response
telephone number), so long as the carrier or freight forwarder
exercises due care. For example, a carrier or freight forwarder may
rely on an emergency response telephone number provided by a preceding
offeror unless it is aware (or should be aware) of facts indicating the
emergency response telephone number is not operative and does not meet
the requirements of Sec. 172.604(b).
The initial shipment of hazardous materials may be handled by
several entities before reaching its final destination. For example, a
motor carrier may accept a shipment from the originating shipper for
transportation and deliver the material to a freight forwarder to
arrange continued transportation. The freight forwarder may prepare
shipping papers using the emergency response telephone number provided
by the originating shipper. The freight forwarder may then arrange for
continued shipment of the hazardous material by rail; a rail carrier
may prepare shipping documentation using the information, including the
emergency response telephone number,
[[Page 35963]]
provided by the freight forwarder. The shipping documentation
accompanying the shipment may or may not include the name of the
originating shipper. In cases where the originating shipper arranges
with an emergency response service to provide telephone service, the
nexus between the shipper and emergency response service provider may
be lost as new shipping papers are prepared at each stage of
transportation.
Without the name of the person who arranged for an emergency
response service, an emergency response service provider may not be
able to communicate the product-specific information that was provided
by the shipper. This could result in a serious problem if
transportation workers or emergency response personnel must use the
telephone number to request assistance in handling an accident or
emergency. Most emergency response services will attempt to provide
assistance whether or not they can verify that the original shipper
arranged for emergency response service. However, without the
identification of the party who has made arrangements with the service,
it may not be possible for the emergency response service to quickly
access information specific to the material involved in the accident,
thereby defeating the purpose of the requirement in Sec. 172.604 to
enable transport workers and emergency response personnel to
expeditiously obtain detailed information about a hazardous materials
shipment. A delay or improper response due to lack of accurate and
timely emergency response information may place emergency response
personnel, transportation workers and the general public and
environment at increased risk. Expeditious identification of the
hazards and direction for appropriate clean up associated with specific
hazardous materials is critical in mitigating the consequences of
hazardous materials incidents.
III. Proposals in this NPRM
To remedy the problem discussed above, in this NRPM, we propose to
require the person who offers a hazardous material for transportation
and who uses an emergency response service provider to comply with the
requirements of Sec. 172.604 to be identified on the originating
shipping paper and any subsequent shipping papers that use the service
provider's emergency response number. Specifically, we propose to:
Require that the shipper (offeror) who has made the
arrangement with the emergency response service provider be identified
on the shipping paper. Any party preparing a shipping paper would be
required to identify the original shipper, by name or contract number,
with the emergency response telephone number indicated on the shipping
paper, and clearly note the identification in association with the
emergency response telephone number, or insert and identify its own
emergency response telephone number conforming to the requirements in
Subpart G of Part 172.
Clarify that any person preparing a subsequent shipping
paper for continued transport of hazardous materials may not omit the
original shipper's (offeror's) name if the shipper is the registrant
for the emergency response telephone service. Again, the name of the
original shipper or its contract number with the emergency response
service provider would be required to be included on the shipping
paper, or the person preparing subsequent shipping papers must insert
and identify by name its own valid emergency response number conforming
to the requirements in Subpart G of Part 172.
In addition to the amendments described above, we are also
proposing the following clarifications:
--To clarify that international telephone numbers used to comply with
the emergency response telephone number requirement must include the
country code and city code. VOHMA requested this clarification to
ensure that emergency responders and transportation workers have a
complete emergency response telephone number for international
shipments.
--To clarify that the emergency response telephone number requirements
do not apply to transport vehicles or freight containers containing
lading that has been fumigated and displays the FUMIGANT marking, as
required by Sec. 173.9 of the HMR, unless other hazardous materials
are present in the cargo transport unit.
The proposals in this NPRM are intended to fill a gap that was
unforeseen when we initially adopted these requirements in 1989 under
Docket HM-126C (54 FR 27138, 06/27/89). If adopted, the proposed rule
should serve to eliminate delays in transportation due to lack of
information, and eliminate enforcement problems created when
enforcement personnel are not able to verify emergency response
telephone numbers. Most importantly, the proposals in this NPRM will
help to ensure that transportation workers and emergency response
personnel are provided with accurate, timely information about the
hazardous materials involved in a transportation accident or other
emergency.
IV. Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and was not reviewed by the
Office of Management and Budget. This proposed rule is a non-
significant rule under the Regulatory Policies and Procedures of the
Department of Transportation [44 FR 11034].
If adopted, the proposals in this NPRM should result in minimal
costs to shippers to add the required information to shipping papers.
The emergency response telephone number is currently required on the
shipping paper. Adding a notation to identify the person who arranged
with an emergency response services provider should not add any
significant time to the process of completing a shipping paper or to
the cost of providing it. Moreover, the proposed notation on a shipping
paper of the identity of the person who made arrangements with an
emergency response telephone service is currently common industry
practice for the initial shipper.
The small costs that may be incurred are more than offset by the
safety benefits resulting from faster and more efficient response to
hazardous materials transportation accidents and other emergencies. The
provisions of this NPRM clarify and support the intent of the current
emergency response telephone number requirement by ensuring emergency
response personnel have immediate access to crucial emergency
information specific to the hazardous material involved.
B. Executive Order 13132
This proposed rule has been analyzed in accordance with the
principles and criteria set forth in Executive Order 13132
(``Federalism''). Any rule resulting from this rulemaking will preempt
State, local and Indian tribe requirements but will not have
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. Therefore, the
consultation and funding requirements of Executive Order 13132 do not
apply.
The Federal hazmat law contains an express preemption provision (49
U.S.C.
[[Page 35964]]
5125(b)), preempting State, local, and Indian tribe requirements on
covered subjects, as follows:
(1) The designation, description, and classification of hazardous
materials;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials; or
(5) The design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This proposed rule addresses covered subject item (3) above and
would preempt State, local, and Indian tribe requirements not meeting
the ``substantively the same'' standard. Federal hazmat law provides at
section 5125(b)(2) that, if DOT issues a regulation concerning any of
the covered subjects, DOT must determine and publish in the Federal
Register the effective date of Federal preemption. The effective date
may not be earlier than the 90th day following the date of issuance of
a final rule and not later than two years after the date of issuance.
The proposed effective date of Federal preemption for this rule is (90
days after publication of a final rule).
C. Executive Order 13175
This proposed rule was analyzed in accordance with the principles
and criteria set forth in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this proposed
rule does not have tribal implications, and does not impose substantial
direct compliance costs, the funding and consultation requirements of
Executive Order 13175 do not apply.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines the rule is not expected to have a
significant impact on a substantial number of small entities. In this
case, although the requirements of the proposed rule would apply to a
substantial number of small entities, none would sustain significant
economic impact as a result of the rule.
Identification of potentially affected small entities. Businesses
likely to be affected by the rule are persons who offer for
transportation or transport hazardous materials in commerce, including
hazardous materials manufacturers and distributors; freight forwarders,
transportation companies, including air, highway, rail, and vessel
carriers and hazardous waste generators.
Unless alternative definitions have been established by the agency
in consultation with the Small Business Administration (SBA), the
definition of ``small business'' has the same meaning as under the
Small Business Act. Since no such special definition has been
established, we employ the thresholds published by SBA for
establishments that will be subject to the proposed amendments if
adopted. Based on data for 1997 compiled by the U.S. Census Bureau,
more than 95 percent of persons that would be affected by this rule are
small businesses.
Related Federal rules and regulations. There are no related Federal
rules or regulations governing the transportation of hazardous
materials in domestic or international commerce.
Alternate proposals for small businesses. The Regulatory
Flexibility Act directs agencies to establish exceptions and differing
compliance standards for small businesses, where it is possible to do
so and still meet the objectives of applicable regulatory statutes. In
the case of hazardous materials transportation, it is not possible to
establish exceptions or differing standards and still accomplish our
safety objectives.
Conclusion. While the proposed rule would apply to a substantial
number of small entities, there would not be a significant impact on
those entities. This proposed rule revises the HMR's emergency response
telephone requirements to enable emergency response services and others
providing such service to supply the required HMR emergency response
information to first responders. The impact of this new requirement is
expected to be minimal; the indication of the emergency response
telephone number on shipping papers is a current requirement and the
proposed notation of the identity of the emergency response telephone
services' registrant is currently common industry practice for the
initial shipper. The problem, as discussed in the preamble of this
rulemaking, primarily arises from subsequent carriers omitting the
registrant's name when preparing new shipping papers for a shipment
continuing on to its final destination. Our proposal to add the
identification of the telephone number's registrant to shipping papers
will eliminate an obstruction that could interfere with the
transmission of crucial emergency response information to first
responders on the scene of an incident. Additionally, the proposal
would serve to eliminate delays in transportation due to lack of
information, and eliminate enforcement problems stemming from possible
invalid emergency response telephone number violations.
This proposed rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.
E. Paperwork Reduction Act
By requiring that additional information be included in certain
shipping papers, this NPRM may result in a minimal increase in annual
paperwork burden and costs attributable to the HMR. PHMSA currently has
an approved information collection under OMB Control Number 2137-0034,
``Hazardous Materials Shipping Papers & Emergency Response
Information,'' reflecting 6,536,111 burden hours and expiring on May
31, 2008.
Under the Paperwork Reduction Act of 1995, no person is required to
respond to an information collection unless it has been approved by OMB
and displays a valid OMB control number. Section 1320.8(d), Title 5,
Code of Federal Regulations requires that PHMSA provide interested
members of the public and affected agencies an opportunity to comment
on information and recordkeeping requests.
This notice identifies a revised information collection request
that PHMSA will submit to OMB for approval based on the requirements in
this proposed rule. PHMSA has developed burden estimates to reflect
changes in this proposed rule. PHMSA estimates that the additional
information collection and recordkeeping burden as proposed in this
rule would be as follows:
OMB Control No. 2137-0034:
Annual Number of Respondents: 250,000.
Annual Responses: 260,000,000.
Annual Burden Hours: 1,805.
Annual Costs: $1,805.00.
PHMSA specifically requests comments on the information collection
and recordkeeping burdens associated with developing, implementing, and
[[Page 35965]]
maintaining these requirements for approval under this proposed rule.
Requests for a copy of this 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, 1200 New Jersey Avenue, SE., East Building, 2nd Floor,
PHH-10, Washington, DC 20590-0001, Telephone (202) 366-8553.
Address written comments to the Dockets Unit as identified in the
ADDRESSES section of this rulemaking. We will consider all comments
regarding information collection burdens received prior to the close of
the comment period identified in the DATES section of this rulemaking.
In addition, you may submit comments specifically related to the
information collection burden to the PHMSA Desk Officer, Office of
Management and Budget at fax number 202-395-6974. If these proposed
requirements are adopted in a final rule, PHMSA will submit the revised
information collection and recordkeeping requirements to the OMB for
approval.
F. 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 contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.
G. Unfunded Mandates Reform Act
This proposed 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.
H. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA) requires
Federal agencies to consider the consequences of major Federal actions
and prepare a detailed statement on actions significantly affecting the
quality of the human environment. We regulate hazardous materials
transported by aircraft, vessel, rail, and highway. The potential for
environmental damage or contamination exists when packages of hazardous
materials are involved in accidents or en route incidents resulting
from cargo shifts, valve failures, package failures, or loading,
unloading, or handling problems. The ecosystems that could be affected
by a release include air, water, soil, and ecological resources (for
example, wildlife habitats). The adverse environmental impacts
associated with releases of most hazardous materials are short-term
impacts that can be greatly reduced or eliminated through proper
emergency response action and prompt clean up of the accident scene.
The proposals in this NPRM would improve the effectiveness of the HMR
by enabling emergency responders on the scene of a hazardous materials
incident to quickly and efficiently identify hazards and mitigate
potential risks to the environment. There are no significant
environmental impacts associated with proposals in this NPRM.
I. Privacy Act
Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (Volume 65, Number 70;
Pages 19477-78), which may also be found at http://dms.dot.gov.
List of Subjects in 49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Labeling, Markings, Packaging and containers, Reporting and
recordkeeping requirements.
In consideration of the foregoing, we propose to amend 49 CFR
Chapter I as follows:
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
1. The authority citation for part 172 continues to read as
follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53.
2. In Sec. 172.201, revise paragraph (d) to read as follows:
Sec. 172.201 Preparation and retention of shipping papers.
* * * * *
(d) Emergency response telephone number. Except as provided in
Sec. 172.604(c), a shipping paper must contain an emergency response
telephone number and, if utilizing an emergency response telephone
number service provider, identify the person who has a contractual
agreement with the service provider, as prescribed in subpart G of this
part.
* * * * *
3. In Sec. 172.604, make the following changes:
a. Revise paragraph (a) introductory text;
b. At the end of paragraph (a)(3)(i), remove the word ``or'';
c. Revise paragraphs (a)(3)(ii) and (b); and
d. Add new paragraph (c)(3).
The addition and revisions read as follows:
Sec. 172.604 Emergency response telephone number.
(a) A person who offers a hazardous material for transportation
must provide an emergency response telephone number, including the area
code or country code and city code. This information is for use in the
event of an emergency involving the hazardous material. The telephone
number must be--
(1) * * *
(2) * * *
(3) * * *
(ii) Entered once on the shipping paper in a clearly visible
location. This provision may be used only if the telephone number
applies to each hazardous material entered on the shipping paper, and
if it is indicated that the telephone number is for emergency response
information (for example: ``EMERGENCY CONTACT: * * *).
(b) The telephone number required by paragraph (a) of this section
must include the number of the person offering the hazardous material
for transportation or of an emergency response service provider capable
of, and accepting responsibility for, providing the information
required by paragraph (a)(2). Where an emergency response service
provider is used, the offeror must be identified by name or contract
number on the shipping paper and must ensure the service provider has
received current information on the material. A person preparing
subsequent shipping papers for continued transportation in commerce
must include the information required by this section.
(c) * * *
(3) Transport vehicles or freight containers containing lading that
has been fumigated and displays the FUMIGANT marking (see Sec.
172.302(g)) as required by Sec. 173.9 of this subchapter), unless
other hazardous
[[Page 35966]]
materials are present in the cargo transport unit.
Issued in Washington, DC on June 21, 2007 under authority
delegated in 49 CFR Part 106.
Theodore L. Willke,
Acting Associate Administrator for Hazardous Materials Safety.
[FR Doc. E7-12665 Filed 6-29-07; 8:45 am]
BILLING CODE 4910-60-P