{"operation":"document","citation":"67 FR 42948","title":"Revised and Clarified Hazardous Materials Safety Rulemaking and Program Procedures","source_type":"rulemaking","agency":"Research and Special Programs Administration","status":"historical","official":true,"published_on":"2002-06-25","effective_on":"2002-07-25","summary":"In this final rule, RSPA revises and clarifies its hazardous materials safety rulemaking and program procedures. RSPA has re-written the rulemaking procedures in plain language and made minor substantive changes for clarification. In addition, RSPA created a new part that contains defined terms used in RSPA's procedural regulations.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-02-15281.json","markdown":"https://regulus.evalyn.ai/document/federal-register-02-15281.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-02-15281","source_url":"https://www.federalregister.gov/documents/2002/06/25/02-15281/revised-and-clarified-hazardous-materials-safety-rulemaking-and-program-procedures","body":"Federal Register, Volume 67 Issue 122 (Tuesday, June 25, 2002) [Federal Register Volume 67, Number 122 (Tuesday, June 25, 2002)] [Rules and Regulations] [Pages 42948-42959] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 02-15281] [[Page 42947]] ----------------------------------------------------------------------- Part V Department of Transportation ----------------------------------------------------------------------- Research and Special Programs Administration ----------------------------------------------------------------------- 49 CFR Parts 105, 106, 107, and 171 Revised and Clarified Hazardous Materials Safety Rulemaking and Program Procedures; Final Rule Federal Register / Vol. 67, No. 122 / Tuesday, June 25, 2002 / Rules and Regulations [[Page 42948]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Research and Special Programs Administration 49 CFR Parts 105, 106, 107, and 171 [Docket No. RSPA-98-3974] RIN 2137-AD20 Revised and Clarified Hazardous Materials Safety Rulemaking and Program Procedures AGENCY: Research and Special Programs Administration (RSPA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this final rule, RSPA revises and clarifies its hazardous materials safety rulemaking and program procedures. RSPA has re-written the rulemaking procedures in plain language and made minor substantive changes for clarification. In addition, RSPA created a new part that contains defined terms used in RSPA's procedural regulations. DATES: This final rule is effective July 25, 2002. FOR FURTHER INFORMATION CONTACT: Karin V. Christian, Office of the Chief Counsel, (202) 366-4400, Research and Special Programs Administration. SUPPLEMENTARY INFORMATION: 1. Background Information On December 11, 1998, RSPA (``we'') published a Notice of Proposed Rulemaking (``Notice'') that had two purposes: (1) To re-write in plain language, clarify, and make minor substantive changes to RSPA's hazardous materials safety rulemaking and program procedures, and (2) to propose a new Federal Register format. (63 FR 68624). These changes responded to a June 1, 1998 Executive Memorandum directing Federal agencies to make communications with the public more understandable. The Office of the Federal Register (OFR) is currently considering various format options and has not made any final decisions with regard to format changes. On March 23, 2001, OFR printed a document in the Federal Register illustrating a possible new two-column format and possible changes in fonts, headings, line spacing, and tables. (66 FR 16374). On May 14, 2002, OFR published a document with a modified two- column format. (67 FR 34573). OFR invited agencies and the public to comment on the proposed format. Because OFR is in the process of considering format changes, in this final rule we are finalizing only our plain language re-write and some minor substantive changes to clarify the regulations. We are not making format changes. We received 18 comments, including comments from industry associations, private citizens, and other Federal agencies. Other Federal agencies and groups filed comments directly with the Office of the Federal Register commenting on the proposed new Federal Register format. Comments from Federal agencies focused on the new format we proposed, while private citizens and industry groups commented on the minor substantive changes, the proposed format, or both. In addition to the comments we received in response to our Notice, RSPA received additional comments on the procedural regulations in response to a December 20, 1999 notice published as part of its Regulatory Flexibility Act review. Section 610 of the Regulatory Flexibility Act of 1980, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, requires agencies to conduct periodic reviews of rules that have a significant economic impact on a substantial number of small business entities. In the December 20, 1999 Notice, focusing on parts 106, 107 and 171, RSPA invited comments on both the economic impact of its regulations and on ways to make the regulations easier to read and understand. In response to the Notice, RSPA received comments from the Institute of Makers of Explosives and E.I. DuPont de Nemours & Co. (DuPont) regarding plain language efforts. Many commenters applauded RSPA's efforts to make the regulations easier to read and understand. Commenters stated that the proposed plain language changes would make it easier to find and understand the regulations. Most supported various minor substantive changes and format changes. Several commenters expressed caution regarding future efforts to re-write the regulations. The Association of Waste Hazardous Materials Transporters stated that, in view of the limited resources available to RSPA to accomplish its more substantive rulemakings, it believes that additional plain language changes should only be made when we are issuing new rules or substantively revising or updating existing rules. The Hazardous Materials Advisory Council [now the Dangerous Goods Advisory Council] expressed concern that plain language efforts not delay other important rules. RSPA agrees with commenters' concerns about using limited resources to re-write regulations when substantive rulemaking actions are pending. In order to maximize resources, we plan to make plain language improvements only as sections or parts are being reviewed and revised for substantive reasons. RSPA used a question-and-answer format for the proposed changes to the procedural regulations. After reviewing the question headings, we decided to convert them to non-question headings. These are more concise and direct. In addition, because we may not re-write the rest of the procedural regulations for quite some time, the non-question headings are consistent with the headings currently used in the rest of the regulations. If we used question headings in a portion of the procedural regulations, the format would not have been consistent. The Chemical Manufacturers' Association (CMA) [now the American Chemistry Council] said that RSPA should ensure the regulatory intent is not lost when regulations are rewritten in plain language. CMA also stated that new substantive and procedural regulations should be in separate notices and not in plain language re-write notices. In this final rule, RSPA is making only minor changes to clarify the existing regulations. Below is a discussion of the minor substantive changes we proposed and the comments we received. 2. Minor Substantive Changes In this rule, we are revising all of part 106 and creating a new part 105. We are clarifying existing requirements and making minor substantive changes that are explained in the following paragraphs. Part 105 We are creating a new part 105 to contain general information and definitions. To do this, we are moving the general information on how to obtain information from us about our procedural regulations and the Hazardous Materials Regulations (HMR; Parts 171-180) from part 107 into a newly created part 105. The new part 105 also contains information on subpoenas and service of documents. We are revising mailing addresses throughout parts 105 and 106 to ensure that documents reach the appropriate RSPA office. In this final rule, we are also up-dating some information contained in the Notice of Proposed Rulemaking because the location of certain information in RSPA changed since the time of the proposal. For example, RSPA's Hazardous Materials Record Center no longer houses rulemaking documents, interpretations, or preemption documents. This information can now be accessed by visiting the Docket Management System [[Page 42949]] ( http://dms.dot.gov ) or through the Internet Web site ( http://hazmat.dot.gov ). For older information received by RSPA before February 1, 1997, you may obtain rulemaking information from the Office of Hazardous Materials Standards and preemption information from the Office of the Chief Counsel. In this final rule, we are also adding a reference under Sec. 105.25 to the Office of Hazardous Materials Safety's ``Fax On Demand System'' through which a requester may choose documents (e.g., proposed and final rules, DOT forms, letters of clarification, and safety notices) to be faxed to his or her fax machine by dialing 1-800-467-4922 and selecting Option 2. The Association of Waste Hazardous Materials Transporters requested that we clarify the regulations in part 105 concerning filing requests for information under the Freedom of Information Act (FOIA). In response to that comment, we added Sec. 105.26 referring readers to the Department's FOIA regulations in 49 CFR part 7. Part 7 explains the procedures for filing requests for records under FOIA and also provides RSPA contact information. We received a number of comments concerning the location of definitions and the ``plain language'' definitions themselves. CMA, the Truck Trailer Manufacturers Association, the National Propane Gas Association, and DuPont supported locating all definitions in one section. Several urged RSPA to expand part 105 and incorporate in a single location all the definitions currently spread throughout the regulations and the Federal hazardous materials transportation law (49 U.S.C. 5101 et seq.). Because States do not adopt the procedural regulations contained in parts 105, 106, and 107 and instead adopt only the Hazardous Materials Regulations (HMR), beginning at part 171, RSPA is not moving all other definitions into new part 105. This approach will facilitate State incorporation of the HMR as a self-contained unit with necessary definitions in Sec. 171.8. New part 105 contains a limited number of definitions rewritten in plain language. Other definitions are contained in part 171 and apply to sections of the HMR. We are not making any substantive changes to the definitions in new part 105. For definitions contained in part 105 that are also contained in parts 107 and 171, we are changing the definitions in parts 107 and 171 to make them consistent. Several commenters expressed concern that several definitions in Sec. 105.10 are different than those found in the current regulatory text and different from the statutory definitions. One commenter asked whether definitions in the statute could be changed and mentioned the definition for ``transports'' or ``transportation'' as an example of a definition that differed in the proposed rule and the statute. Based on these concerns, we compared the definitions that we proposed in Sec. 105.10 with the definitions in other parts of the HMR and in the statute. After comparing these, we are making the definitions more consistent in this final rule. The following is a discussion of each of the definitions proposed in Sec. 105.10 and the changes we are making. In this final rule, we are adding ``(49 CFR parts 171 through 180)'' after ``subchapter C of this chapter'' to the definition of ``approval'' that we proposed and are adopting. This change will advise readers about the parts in subchapter C. In addition, in this final rule, we are clarifying that an approval may be issued by agencies or officials other than the Associate Administrator for Hazardous Materials Safety. Therefore, we are adding the words ``or other designated Department official'' after ``from the Associate Administrator for Hazardous Materials Safety.'' We are also making the definitions of ``approval'' in part 107 and Sec. 171.8 consistent with the definition in part 105. In the definition of ``exemption'' we proposed and are adopting, we are now updating the reference to the Federal Highway Administration to the Federal Motor Carrier Safety Administration to reflect the new DOT agency. In this final rule, we are also changing the definition of ``exemption'' in part 107 to make it consistent with part 105. Upon review, we decided not to adopt the plain language definition of ``Federal hazardous material transportation law'' we proposed, but to adopt instead the definition of that term now in part 107 and Sec. 171.8. The definition we are adopting uses the legal citation 49 U.S.C. 5101 et seq., rather than the cite 49 U.S.C. 5101 through 5127. We are adopting the new definition of ``filed'' as proposed. We are using the same new definition of ``filed'' in part 107 for consistency. With regard to the definition of ``hazardous material,'' we are changing the verbs ``determines'' to ``has determined'' and ``designates'' to ``has designated'' because this language accurately reflects that the designation has already been made. We are also replacing the current definition of hazardous material in Sec. 171.8 to be consistent. With regard to the definition of ``Indian tribe,'' we will not adopt the proposed definition because ``Indian tribe'' is currently defined in the Federal hazardous materials transportation law. To be consistent with the Federal hazardous materials transportation law, we will use the statutory definition in part 105. We are also replacing the definition in part 107 with the statutory definition. To further clarify the definition of ``person'' we proposed and are adopting in this final rule, we are replacing the words ``when it'' with ``that'' and the word ``excludes'' with ``does not include.'' We are also adding a sentence to clarify that ``person'' does not include any government or Indian tribe that transports hazardous material for a governmental purpose. To be consistent, we are replacing the definitions of ``person'' in part 107 and Sec. 171.8 with the clarified definition of ``person.'' In the definition of ``political subdivision'' that we proposed and are adopting, we are changing the word ``includes'' to ``means'' because the current definition covers all applicable entities. In the definition of ``preemption determination,'' we are replacing ``RSPA'' with ``Associate Administrator for Hazardous Materials Safety'' to clarify who in RSPA issues a preemption determination decision. In the definition of ``regulations issued under Federal hazmat law,'' we are changing ``hazmat law'' to ``Federal hazardous materials transportation law.'' In addition, we are clarifying that the first reference is to subchapter A by deleting ``this'' before subchapter and adding ``A'' to it. With regard to the definition of ``state,'' we decided not to adopt the proposed definition of ``state.'' After reviewing the definitions, we decided to use the definition of ``state'' set out in Sec. 171.8 because it is clear and simple. In this final rule, we are using that definition in the new part 105 and replacing the definition in part 107 with that definition. A commenter expressed concern that the definition of ``transportation'' we proposed differed from the definition in the statute. The statutory definition has the word ``the'' before ``movement,'' has no comma after property, does not have the word ``any'' before loading, and has the words ``the movement'' instead of the proposed ``that movement.'' Although we believe these plain language changes were minor editorial changes, we are not adopting the plain language definition. Rather, to be [[Page 42950]] consistent with the statute, we are using the definition currently set out in the Federal hazardous materials transportation law in both the new part 105 and in part 107. We are revising the definition of ``waiver of preemption'' we proposed. We are replacing ``RSPA'' with ``Associate Administrator for Hazardous Materials Safety'' to clarify who in RSPA makes the waiver decision and dividing the long sentence that was proposed into two so that it is easier to understand. Part 106 Section 106.10 contains new information about our rulemaking process. Specifically, it states that we use informal rulemaking procedures under the Administrative Procedure Act. Furthermore, this section sets out the types of rulemaking documents we normally use to propose and adopt changes to our regulations. Section 106.15 describes an advance notice of proposed rulemaking. Section 106.20 describes a notice of proposed rulemaking. Section 106.30 describes a final rule. Section 106.35 describes an interim final rule. Section 106.40 describes a direct final rule. Section 106.70 states that commenters may electronically file their comments in a rulemaking proceeding through the Internet to http://dms.dot.gov . Commenters support the option of filing comments electronically and the availability of internet web sites that increase public access to information. In the Notice, with regard to Sec. 106.70, we also proposed to add that we may reject paper and electronic comments that are ``frivolous, abusive, or repetitious.'' Several commenters expressed concerns about the phrase ``frivolous, abusive, or repetitious.'' This proposed change was partially intended to address the types of comments the agency has received over the Internet that do not relate to a rulemaking. Commenters were concerned about the subjective nature of the proposed standard and about the possible rejection of comments under such a standard. A commenter asked, for example, whether a comment would be considered repetitious and rejected if it is the same or similar to one submitted by another commenter. All relevant comments will be considered, including those similar to those submitted by other commenters. We agree with commenters' concern about the proposed language and revised the language to state that we may reject comments not relevant to a rulemaking. Generally, all comments received will be part of the docket; however, comments that are not relevant to the rulemaking may not be considered for that particular rulemaking. In Secs. 106.80 through 106.90, we are using the terms ``public meetings'' rather than ``informal hearings.'' This language more accurately reflects the nature of these public, information-gathering sessions. One commenter requested confirmation that no present protections afforded to parties are reduced or eliminated by replacing the term ``informal hearings'' with ``public meetings.'' By replacing the term ``informal hearing'' with ``public meeting,'' no rights or protections are reduced or eliminated. The nature of the proceeding is unchanged. In a public meeting, interested parties may present information and arguments. RSPA officials preside over public meetings and keep a transcript or minutes. In Secs. 106.110 through 106.130, we are eliminating the petition for reconsideration procedures to streamline the appeal process. Commenters supported the proposed change for processing petitions for reconsideration and appeals to the Administrator, and stated that the change will simplify the process. DuPont stated that revising the petition for reconsideration procedures to effectively remove those from the process who cannot grant a petition in the first place results in a more efficient procedure. Section 106.35 currently requires a person to file a petition for reconsideration of a rule with either RSPA's Associate Administrator for Hazardous Materials Safety or RSPA's Chief Counsel, depending on the subject matter of the regulation the person is challenging. Currently, Sec. 106.38 then allows a person to appeal the decision of the Associate Administrator or the Chief Counsel to RSPA's Administrator. However, only the Administrator can issue a final rule. Consequently, the Associate Administrator does not have the authority to grant a petition for reconsideration that would result in issuance of a new final rule, only deny it. By eliminating the petition for reconsideration procedures, we are eliminating a step that procedurally cannot produce the end result often sought by the petitioner--a new final rule. Appeals will now be directly addressed to the Administrator. This change does not deprive anyone of the ability to appeal a final rule. In this final rule, we are also further clarifying the RSPA actions that an interested person may appeal. In Secs. 106.110-106.130, we are clarifying that you may appeal RSPA's withdrawal of a notice of proposed rulemaking, in addition to RSPA's issuance of a final rule. Part 107 With the exception of the definitions in part 107, we are moving the rest of subpart A in part 107 to new part 105. The definitions section, Sec. 107.3, remains in part 107 and is redesignated as Sec. 107.1. We are replacing the definitions of ``approval,'' ``competent authority approval,'' ``exemption,'' ``filed,'' and ``person'' with definitions that we adopted in section 105.10. With regard to the definition of ``Indian tribe,'' we are replacing the definition in part 107 with the statutory definition. We are replacing the definition of ``state'' in part 107 with the definition of ``state'' found in Sec. 171.8 because it is clear and simple. With regard to the definition of ``transports'' or ``transportation,'' we are replacing the definition in part 107 with the current statutory definition. Part 171 To make the definitions in Sec. 171.8 consistent with the definitions in new part 105, we are replacing the definitions of ``approval,'' ``exemption,'' ``hazardous material,'' and ``person'' in Sec. 171.8 with the new definitions we are adopting in Sec. 105.10. 3. Regulatory Analysis and Notices Executive Order 12866 and DOT Regulatory Policies and Procedures This rule is not considered a significant regulatory action under section 3(f) of Executive Order 12866. Consequently, it was not reviewed by the Office of Management and Budget. RSPA has not prepared a regulatory impact analysis or a regulatory evaluation because this proposed rule has minimal economic impact. This rule is not significant according to the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034; February 26, 1979). Executive Order 13132 RSPA has analyzed this rule in accordance with the principles and criteria in Executive Order 13132 (``Federalism''). RSPA has determined that the rule does not have sufficient Federalism impacts to warrant the preparation of a Federalism assessment. Executive Order 13175 These clarified procedural regulations will not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal [[Page 42951]] Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes when analyzed under the principles and criteria contained in Executive Order 13175 (``Consultation and Coordination with Indian Tribal Governments''). Therefore, the funding and consultation requirements of this Executive Order do not apply. Regulatory Flexibility Act Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), RSPA must consider whether a regulation would have a significant economic impact on a substantial number of small entities. This rule merely clarifies and revises RSPA's general procedures and rulemaking procedures to assist the public to better understand our procedures. Therefore, I certify that this proposed rule will not have a significant economic impact on a substantial number of small entities. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995, no person is required to respond to a collection of information unless it displays a valid OMB control number. The information collection requirements in 49 CFR parts 106 and 107 have been approved under OMB Control No. 2137-0051, ``Rulemaking and Exemptions Petitions.'' This final rule does not impose new information collection requirements. Regulation Identifier Number (RIN) The Department of Transportation assigns a regulation identifier number (RIN) 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. You may use the RIN contained in the heading of this document to cross- reference this action with the Unified Agenda. Unfunded Mandates Reform Act This rule does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. It does not result in costs of $100 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 objectives of the rule. List of Subjects 49 CFR Part 105 Administrative practice and procedure, Hazardous materials transportation. 49 CFR Part 106 Administrative practice and procedure, Hazardous materials transportation, Packaging and containers, Penalties, Reporting and recordkeeping requirements. 49 CFR Part 107 Administrative practice and procedure, Hazardous materials transportation, Penalties, Reporting and recordkeeping requirements. 49 CFR Part 171 Exports, Hazardous materials transportation, Hazardous waste, Imports, Reporting and recordkeeping requirements. Accordingly, RSPA amends 49 CFR chapter I, subchapter A, as follows: 1. Add part 105 to read as follows: PART 105--HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES Subpart A--Definitions Sec. 105.5 Definitions. Subpart B--General Procedures 105.15 Defined terms are used in this subpart. Obtaining Guidance and Public Information 105.20 Guidance and interpretations. 105.25 Reviewing public documents. 105.26 Obtaining records on file with RSPA. 105.30 Information made available to the public and request for confidential treatment. Serving Documents 105.35 Serving documents in RSPA proceedings. 105.40 Designated agents for non-residents. Subpoenas 105.45 Issuing a subpoena. 105.50 Serving a subpoena. 105.55 Refusal to obey a subpoena. Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. Subpart A--Definitions Sec. 105.5 Definitions (a) This part contains the definitions for certain words and phrases used throughout this subchapter (49 CFR parts 105 through 110). At the beginning of each subpart, the Research and Special Programs Administration (``RSPA'' or ``we'') will identify the defined terms that are used within the subpart--by listing them--and refer the reader to the definitions in this part. This way, readers will know that RSPA has given a term a precise meaning and will know where to look for it. (b) Terms used in this part are defined as follows: Associate Administrator means Associate Administrator for Hazardous Materials Safety, Research and Special Programs Administration. Approval means written consent, including a competent authority approval, from the Associate Administrator or other designated Department official, to perform a function that requires prior consent under subchapter C of this chapter (49 CFR parts 171 through 180). Competent Authority means a national agency that is responsible, under its national law, for the control or regulation of some aspect of hazardous materials (dangerous goods) transportation. Another term for Competent Authority is ``Appropriate authority'' which is used in the International Civil Aviation Organization's (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air. The Associate Administrator is the United States Competent Authority for purposes of 49 CFR part 107. Competent Authority Approval means an approval by the competent authority that is required under an international standard (for example, the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Maritime Dangerous Goods Code). Any of the following may be considered a competent authority approval if it satisfies the requirement of an international standard: (1) A specific regulation in subchapter A or C of this chapter. (2) An exemption or approval issued under subchapter A or C of this chapter. (3) A separate document issued to one or more persons by the Associate Administrator. Exemption means a document issued by the Associate Administrator under the authority of 49 U.S.C. 5117. The document permits a person to perform a function that is not otherwise permitted under subchapter A or C of this chapter, or other regulations issued under 49 U.S.C. 5101 et seq. (e.g., Federal Motor Carrier Safety routing requirements.) Federal hazardous material transportation law means 49 U.S.C. 5101 et seq. File or Filed means received by the appropriate RSPA or other designated office within the time specified in a regulation or rulemaking document. Hazardous material means a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk [[Page 42952]] to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law (49 U.S.C. 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials that meet the defining criteria for hazard classes and divisions in part 173 of subchapter C of this chapter. Hazardous Materials Regulations or HMR means the regulations at 49 CFR parts 171 through 180. Indian tribe has the same meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). Person means an individual, firm, copartnership, corporation, company, association, or joint-stock association (including any trustee, receiver, assignee, or similar representative); or a government or Indian tribe (or an agency or instrumentality of any government or Indian tribe) that transports a hazardous material to further a commercial enterprise or offers a hazardous material for transportation in commerce. Person does not include the following: (1) The United States Postal Service. (2) Any agency or instrumentality of the Federal government, for the purposes of 49 U.S.C. 5123 (civil penalties) and 5124 (criminal penalties). (3) Any government or Indian tribe (or an agency or instrumentality of any government or Indian tribe) that transports hazardous material for a governmental purpose. Political subdivision means a municipality; a public agency or other instrumentality of one or more States, municipalities, or other political body of a State; or a public corporation, board, or commission established under the laws of one or more States. Preemption determination means an administrative decision by the Associate Administrator that Federal hazardous materials law does or does not void a specific State, political subdivision, or Indian tribe requirement. Regulations issued under Federal hazardous materials transportation law means regulations contained in subchapter A of this chapter (49 CFR parts 105 through 110) and in subchapter C of this chapter (49 CFR parts 171 through 180). State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, or any other territory or possession of the United States designated by the Secretary. Transports or Transportation means the movement of property and loading, unloading, or storage incidental to the movement. Waiver of Preemption means a decision by the Associate Administrator to forego preemption of a non-Federal requirement--that is, to allow a State, political subdivision or Indian tribe requirement to remain in effect. The non-Federal requirement must provide at least as much public protection as the Federal hazardous materials transportation law and the regulations issued under Federal hazardous materials transportation law, and may not unreasonably burden commerce. Subpart B--General Procedures Sec. 105.15 Defined terms used in this subpart. The following defined terms (see subpart A of this part) appear in this subpart: Approval; Exemption; Federal hazardous material transportation law; Hazardous material; Hazardous materials regulations; Indian tribe; Preemption determination; State; Transportation; Waiver of preemption Obtaining Guidance and Public Information Sec. 105.20 Guidance and interpretations. (a) Hazardous materials regulations. You can obtain information and answers to your questions on compliance with the hazardous materials regulations (49 CFR parts 171 through 180) and interpretations of those regulations by contacting RSPA's Office of Hazardous Materials Safety as follows: (1) Call the Hazardous Materials Information Center at 1-800-467- 4922 (in Washington, DC, call 202-366-4488). The Center is staffed from 9 a.m. through 5 p.m. Eastern time, Monday through Friday except Federal holidays. After hours, you can leave a recorded message and your call will be returned by the next business day. (2) E-mail the Hazardous Materials Information Center at [email protected] . (3) Access the Office of Hazardous Materials Safety home page via the Internet at http://hazmat.dot.gov . (4) Send a letter, with your return address and a daytime telephone number, to: Office of Hazardous Materials Standards, Research and Special Programs Administration, Attn: DHM-10, U.S. Department of Transportation, 400 7th Street SW., Washington, DC 20590-0001. (b) Federal hazardous materials transportation law and preemption. You can obtain information and answers to your questions on Federal hazardous materials transportation law, 49 U.S.C. 5101 et seq., and Federal preemption of State, local, and Indian tribe hazardous material transportation requirements, by contacting RSPA's Office of the Chief Counsel as follows: (1) Call the office of the Chief Counsel at (202) 366-4400 from 9 a.m. to 5 p.m. Eastern time, Monday through Friday except Federal holidays. (2) Access the Office of the Chief Counsel's home page via the Internet at http://rspa-atty.dot.gov . (3) Send a letter, with your return address and a daytime telephone number, to: Office of the Chief Counsel, Research and Special Programs Administration, Attn: DCC-10, U.S. Department of Transportation, Washington, DC 20590-0001. (4) Contact the Office of the Chief Counsel for a copy of applications for preemption determinations, waiver of preemption determinations, and inconsistency rulings received by RSPA before February 1, 1997. Sec. 105.25 Reviewing public documents. RSPA is required by statute to make certain documents and information available to the public. You can review and copy publicly available documents and information at the locations described in this section. (a) DOT Docket Management System. Unless a particular document says otherwise, the following documents are available for public review and copying at the Department of Transportation's Docket Management System, Room PL 401, 400 7th Street, SW., Washington, DC 20590-0001, or for review and downloading through the Internet at http://dms.dot.gov : (1) Rulemaking documents in proceedings started after February 1, 1997, including notices of proposed rulemaking, advance notices of proposed rulemaking, public comments, related Federal Register notices, final rules, appeals, and RSPA's decisions in response to appeals. (2) Applications for exemption received by RSPA after February 1, 1997. Also available are supporting data, memoranda of any informal meetings with applicants, related Federal Register notices, public comments, and decisions granting or denying exemptions applications. (3) Applications for preemption determinations and waiver of preemption determinations received by RSPA after February 1, 1997. Also available are public comments, Federal [[Page 42953]] Register notices, and RSPA's rulings, determinations, decisions on reconsideration, and orders issued in response to those applications. (b) Hazardous Materials Record Center. Applications for exemptions and related background information received by RSPA before February 1, 1997 are available for public review and copying at the Hazardous Materials Record Center, U.S. Department of Transportation, Room 8421, 400 7th Street, SW., Washington, DC 20590-0001: (c) Office of Hazardous Materials Safety. (1) You may obtain documents (e.g., proposed and final rules, notices, letters of clarification, safety notices, DOT forms and other documents) by using the ``Fax On Demand'' system. To reach the ``Fax On Demand'' system, dial 1-800-467-4922 and select Option 2. You may choose documents to be faxed to your machine. (2) Upon your written request, we will make the following documents and information available to you: (i) Appeals under 49 CFR part 107 and RSPA's decisions issued in response to those appeals. (ii) Records of compliance order proceedings and RSPA compliance orders. (iii) Applications for approvals, including supporting data, memoranda of any informal meetings with applicants, and decisions granting or denying approvals applications. (iv) Other information about RSPA's hazardous materials program required by statute to be made available to the public for review and copying and any other information RSPA decides should be available to the public. (3) Your written request to review documents should include the following: (i) A detailed description of the documents you wish to review. (ii) Your name, address, and telephone number. (4) Send your written request to: Associate Administrator for Hazardous Materials Safety, Research and Special Programs Administration, Attn: DHM-1, U.S. Department of Transportation, 400 7th Street, SW., Washington, DC 20590-0001. Sec. 105.26 Obtaining records on file with RSPA. To obtain records on file with RSPA, other than those described in Sec. 105.25, you must file a request with RSPA under the Freedom of Information Act (FOIA) (5 U.S.C. 552). The procedures for filing a FOIA request are contained in 49 CFR part 7. Sec. 105.30 Information made available to the public and request for confidential treatment. When you submit information to RSPA during a rulemaking proceeding, as part of your application for exemption or approval, or for any other reason, we may make that information publicly available unless you ask that we keep the information confidential. (a) Asking for confidential treatment. You may ask us to give confidential treatment to information you give to the agency by taking the following steps: (1) Mark ``confidential'' on each page of the original document you would like to keep confidential. (2) Send us, along with the original document, a second copy of the original document with the confidential information deleted. (3) Explain why the information you are submitting is confidential (for example, it is exempt from mandatory public disclosure under the Freedom of Information Act, 5 U.S.C. 552 or it is information referred to in 18 U.S.C. 1905). (b) RSPA Decision. RSPA will decide whether or not to treat your information as confidential. We will notify you, in writing, of a decision to grant or deny confidentiality at least five days before the information is publicly disclosed, and give you an opportunity to respond. Serving Documents Sec. 105.35 Serving documents in RSPA proceedings. (a) Service by RSPA. We may serve the document by one of the following methods, except where a different method of service is specifically required: (1) Registered or certified mail. (i) If we serve a document by registered or certified mail, it is considered served when mailed. (ii) An official United States Postal Service receipt from the registered or certified mailing is proof of service. (iii) We may serve a person's authorized representative or agent by registered or certified mail, or in any other manner authorized by law. Service on a person's authorized agent is the same as service on the person. (2) Personal service. (3) Publication in the Federal Register. (b) Service by others. If you are required under this subchapter to serve a person with a document, serve the document by one of the following methods, except where a different met","truncated":true,"body_characters":74687}