[Federal Register: September 28, 2007 (Volume 72, Number 188)]
[Rules and Regulations]
[Page 55090-55091]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se07-21]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 171
[Docket No. PHMSA-2005-23141 (HM-215F)]
RIN 2137-AE01
Hazardous Materials: Revision and Reformatting of Requirements
for the Authorization To Use International Transport Standards and
Regulations; Correction
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule; correction.
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SUMMARY: On May 3, 2007, PHMSA published a final rule to amend the
Hazardous Materials Regulations (HMR; Parts 171-180) by revising and
consolidating the requirements applicable to the use of the
International Civil Aviation Organization's Technical Instructions for
the Safe Transport of Dangerous Goods by Air, the International
Maritime Dangerous Goods Code, the Canadian Transport of Dangerous
Goods Regulations, and the International Atomic Energy Agency Safety
Standards Series: Regulations for the Safe Transport of Radioactive
Material. This rule corrects errors in the final rule.
DATES: Effective date: September 28, 2007.
FOR FURTHER INFORMATION CONTACT: Joan McIntyre or Kurt Eichenlaub,
Office of Hazardous Materials Standards, (202) 366-8553, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Background
On May 3, 2007, the Pipeline and Hazardous Materials Safety
Administration (PHMSA, we) published a final rule under Docket No.
PHMSA-2005-23141 (HM-215F) to amend the Hazardous Materials Regulations
(HMR; 49 CFR Parts 171-180) by revising and consolidating the
requirements applicable to the use of the International Civil Aviation
Organization's Technical Instructions for the Safe Transport of
Dangerous Goods by Air, the International Maritime Dangerous Goods
Code, the Canadian Transport of Dangerous Goods Regulations, and the
International Atomic Energy Agency Safety Standards Series: Regulations
for the Safe Transport of Radioactive Material. The final rule is
effective as of October 1, 2007.
The Dangerous Goods Advisory Council (DGAC), an organization of
industry stakeholders, filed an appeal to the May 3 final rule on June
4, 2007. We are addressing most elements of DGAC's appeal in a separate
response, which will be included in the docket for this rulemaking. In
the meantime, we are issuing this correction to address certain errors
that DGAC identified in the text of the May 3 final rule.
Correction
The May 5 final rule added a new Sec. 171.22, which provides
authorization and conditions for the use of international standards and
regulations for the commercial transportation of hazardous materials
to, from, or within the United States. Paragraph (g) of this section
requires shipments to conform to applicable HMR requirements, including
the general packaging requirements in Sec. Sec. 173.24 and 173.24a and
the reuse, reconditioning, and remanufacture requirements in Sec.
173.28. The notice of proposed rulemaking issued under this docket on
January 27, 2006 (71 FR 4544) proposed to apply these requirements
``for export shipments''. The phrase ``for export shipments'' was
inadvertently dropped from the May 3 final rule. It was not our
intention to require compliance with Sec. Sec. 173.24, 173.24a, or
173.28 for import shipments. Therefore, in this final rule, we are
reinserting the phrase ``for export shipments'' in paragraphs (g)(5)
and (g)(6) of Sec. 173.22.
The DGAC appeal also identifies a typographical error in Sec.
171.12(a)(2). Use of the term ``subpart'' in Sec. 171.12(a)(2) is
incorrect. This paragraph should read: ``When the provisions of this
subchapter require a DOT specification or UN standard packaging to be
used for transporting a hazardous material, a packaging authorized by
the Transport Canada TDG Regulations may be used, subject to the
limitations of this part, and only if it is equivalent to the
corresponding DOT specification or UN packaging (see Sec. 173.24(d)(2)
of this subchapter) authorized by this subchapter.'' We are
[[Page 55091]]
correcting the typographical error in this final rule.
Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This final rule is published under authority of Federal Hazardous
Materials Transportation Law (Federal Hazmat Law; 49 U.S.C. 5101 et
seq.). Section 5103(b) of Federal Hazmat Law authorizes the Secretary
of Transportation to prescribe regulations for the safe transportation,
including security, of hazardous materials in intrastate, interstate,
and foreign commerce. This final rule corrects errors in a final rule
published in the Federal Register on May 3, 2007.
B. 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). There are no cost impacts
associated with this final rule.
C. 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.
Therefore, preparation of a federalism assessment is not warranted.
D. 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.
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
I certify this final rule will not have a significant economic
impact on a substantial number of small entities. This rule corrects a
previously issued final rule by reinserting a dropped phrase and
correcting a typographical error. There are no cost impacts associated
with this rule.
F. 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.
G. Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
H. Environmental Impact Analysis
There are no environmental impacts associated with this final rule.
I. 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, we are making the following
corrections to FR Doc. 07-1959, appearing on page 25162 in the Federal
Register of Thursday, May 3, 2007:
PART 171--[CORRECTED]
0
1. On page 25171, in Sec. 171.12 correct the text in paragraph (a)(2)
to read as follows:
Sec. 171.12 North American Shipments.
(a) * * *
(2) General packaging requirements. When the provisions of this
subchapter require a DOT specification or UN standard packaging to be
used for transporting a hazardous material, a packaging authorized by
the Transport Canada TDG Regulations may be used, subject to the
limitations of this part, and only if it is equivalent to the
corresponding DOT specification or UN packaging (see Sec. 173.24(d)(2)
of this subchapter) authorized by this subchapter.
* * * * *
0
2. On page 25173, in Sec. 171.22, correct the text in paragraphs
(g)(5) and (g)(6) to read as follows:
Sec. 171.22 Authorization and conditions for use of international
standards and regulations.
* * * * *
(g) * * *
(5) For export shipments, the general packaging requirements in
Sec. Sec. 173.24 and 173.24a of this subchapter;
(6) For export shipments, the requirements for the reuse,
reconditioning, and remanufacture of packagings in Sec. 173.28 of this
subchapter; and
* * * * *
Issued in Washington, DC, on September 21, 2007, under authority
delegated in 49 CFR part 1.
Krista L. Edwards,
Acting Administrator.
[FR Doc. E7-19259 Filed 9-27-07; 8:45 am]
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