{"operation":"document","citation":"70 FR 56084","title":"Hazardous Materials Regulations: Minor Editorial Corrections and Clarifications","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-09-23","effective_on":"2005-09-28","summary":"This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations (HMR). In addition, this final rule revises references to the former Research and Special Programs Administration to reflect the creation of Pipeline and Hazardous Materials Safety Administration. The intended effect of this rule is to enhance the accuracy, and reduce misunderstandings of the regulations. The amendments contained in this rule are minor changes and do not impose new requirements.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-05-18983.json","markdown":"https://regulus.evalyn.ai/document/federal-register-05-18983.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-05-18983","source_url":"https://www.federalregister.gov/documents/2005/09/23/05-18983/hazardous-materials-regulations-minor-editorial-corrections-and-clarifications","body":"Federal Register, Volume 70 Issue 184 (Friday, September 23, 2005) [Federal Register Volume 70, Number 184 (Friday, September 23, 2005)] [Rules and Regulations] [Pages 56084-56100] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 05-18983] [[Page 56083]] ----------------------------------------------------------------------- Part V Department of Transportation ----------------------------------------------------------------------- Pipeline Hazardous Materials Safety Administration ----------------------------------------------------------------------- 49 CFR Parts 105, 106, 107, et al. Hazardous Materials Regulations: Minor Editorial Corrections and Clarifications; Final Rule Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations [[Page 56084]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 105, 106, 107, 110, 171, 172, 173, 176, 177, 178, 179 and 180 [Docket No. PHMSA-2005-22071 (HM-189Y)] RIN 2137-AE08 Hazardous Materials Regulations: Minor Editorial Corrections and Clarifications AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations (HMR). In addition, this final rule revises references to the former Research and Special Programs Administration to reflect the creation of Pipeline and Hazardous Materials Safety Administration. The intended effect of this rule is to enhance the accuracy, and reduce misunderstandings of the regulations. The amendments contained in this rule are minor changes and do not impose new requirements. DATES: Effective date: September 28, 2005. FOR FURTHER INFORMATION CONTACT: Kurt Eichenlaub, 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. I. Background The Norman Y. Mineta Research and Special Programs Improvement Act of 2004 reorganized the Department of Transportation's pipeline and hazardous materials safety programs that were formerly a part of the Research and Special Programs Administration (RSPA). The Act created the Pipeline and Hazardous Materials Safety Administration (PHMSA, we), a separate operating administration. PHMSA annually reviews the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to identify errors that may confuse readers. In this final rule, we revise all references to RSPA to reflect the creation of PHMSA. This final rule also corrects the following inaccuracies: typographical and printing errors; incorrect references to regulations in the CFR; inaccurate office names, routing symbols, and e-mail addresses; inconsistent use of terminology; and misstatements of certain regulatory requirements. Because these amendments do not impose new requirements, notice and public procedure are unnecessary. By making these amendments effective without the customary 30-day delay following publication, the changes will appear in the next revision of 49 CFR. The following is a summary by section of the changes made in this final rule. It does not discuss all minor editorial corrections (e.g., punctuation errors), and certain other minor adjustments to enhance the clarity of the HMR (e.g., corrections to office names, routing symbols and e-mail addresses). II. Section-by-Section Review Part 107 Appendix A to Subpart D of Part 107: In Appendix A to Subpart D of Part 107, in section IV, paragraph C, we are revising the reference to ``49 U.S.C. 5213(a)'' to read ``49 U.S.C. 5123(a)''. Part 171 Section 171.6. In paragraph (b)(2), the table of OMB control numbers is revised to reflect current control numbers, report titles, and affected sections for collections of information. Section 171.8. In the definition for ``Maximum Allowable Working Pressure or MAWP,'' we are correcting the reference ``178.320(c)'' to read ``Sec. 178.320(a)''. Section 171.11. In paragraph (d)(6)(iv), we are amending the text by removing ``radioactive material'' and adding ``limited quantities of radioactive material'' in its place. Part 172 Section 172.101. The Hazardous Materials Table (HMT). We are correcting entries in the HMT as follows: The entry ``Adhesives, containing a flammable liquid,'' UN1133, PG I, II and III is revised by correcting the Column (2) Hazardous materials description and proper shipping name to read ``Adhesives, containing a flammable liquid.'' In addition, for the Packing Group II entry, in the Column (10A) Vessel stowage ``location,'' the entry ``A'' is revised to read ``B''. The correction appears as a ``Remove/Add'' in this rulemaking. The entry ``Aerosols, corrosive, Packing Group II or III, (each not exceeding 1 L capacity),'' UN1950 is revised by correcting the Column (2) Hazardous materials description and proper shipping name to read ``Aerosols, corrosive, Packing Group II or III, (each not exceeding 1 L capacity).'' The correction appears as a ``Remove/Add'' in this rulemaking. The entry ``Aerosols, flammable, (each not exceeding 1 L capacity),'' UN1950 is revised by correcting the Column (2) Hazardous materials description and proper shipping name to read ``Aerosols, flammable, (each not exceeding 1 L capacity).'' The correction appears as a ``Remove/Add'' in this rulemaking. The entry ``Aerosols, flammable, n.o.s. (engine starting fluid) (each not exceeding 1 L capacity),'' UN1950 is revised by correcting the Column (2) Hazardous materials description and proper shipping name to read ``Aerosols, flammable, n.o.s. (engine starting fluid) (each not exceeding 1 L capacity).'' The correction appears as a ``Remove/Add'' in this rulemaking. The entry ``Aerosols, non-flammable, (each not exceeding 1 L capacity),'' UN1950 is revised by correcting the Column (2) Hazardous materials description and proper shipping name to read ``Aerosols, non- flammable, (each not exceeding 1 L capacity).'' The correction appears as a ``Remove/Add'' in this rulemaking. The entry ``Aerosols, poison, each not exceeding 1 L capacity,'' UN1950 is revised by correcting the Column (2) Hazardous materials description and proper shipping name to read ``Aerosols, poison, each not exceeding 1 L capacity.'' The correction appears as a ``Remove/Add'' in this rulemaking. The entry ``Alkaloids, solid, n.o.s. or Alkaloid salts, solid, n.o.s. poisonous,'' UN1544 is revised by correcting the Column (2) Hazardous materials description and proper shipping name to read ``Alkaloids, solid, n.o.s. or Alkaloid salts, solid, n.o.s. poisonous.'' In addition, for the Packing Group II entry, the Column (7) Special provision entry ``1P4'' is revised to read ``IP4.'' The correction appears as a ``Remove/Add'' in this rulemaking. The entry ``Aluminum alkyl halides, solid,'' UN3461 is revised by correcting the Column (6) Label Codes entry ``4.23'' to read ``4.3''. The entry ``Ammonium nitrate emulsion or Ammonium nitrate suspension or Ammonium nitrate gel, intermediate for blasting explosives,'' UN3375 is revised by correcting the Column (10B) Vessel stowage ``Other'' entry ``60, 66, 124'' to read ``48, 59, 60, 66, 124''. The entry ``Cartridges, safety, see Cartridges for weapons, other than blank or Cartridges, power device (UN 0323)'' is revised by correcting the [[Page 56085]] Column (2) Hazardous materials description and proper shipping name to read ``Cartridges, safety, see Cartridges for weapons, inert projectile, or Cartridges, small arms or Cartridges, power device (UN 0323).'' The correction appears as a ``Remove/Add'' in this rulemaking. The entry ``Cartridges, sporting, see Cartridges for weapons, other than blank'' is revised by correcting the Column (2) Hazardous materials description and proper shipping name to read ``Cartridges, sporting, see Cartridges for weapons, inert projectile, or Cartridges, small arms.'' The correction appears as a ``Remove/Add'' in this rulemaking. The entry ``Chlorate and magnesium chloride mixture, solid,'' UN1459, Packing Group III is removed. This entry was inadvertently printed twice in the HMT. The entry ``Chlorate of potash, see Potassium chlorate,'' is removed and added back. The correction appears as a ``Remove/Add'' in this rulemaking. This was done to assist the Federal Register in locating the correct ``Chlorate and magnesium chloride mixture, solid,'' UN1459, Packing Group III entry for removal. (see above) The entry ``Chloroacetophenone, CN, liquid,'' UN3416 is revised by correcting the Column (2) Hazardous materials description and proper shipping name to read ``Chloroacetophenone, liquid, (CN).'' In addition, the Column (7) Special provisions entry is corrected to read ``A3, IB2, N12, N32, N33, T7, TP2, TP13.'' The correction appears as a ``Remove/Add'' in this rulemaking. The entry ``Chloroacetophenone, CN, solid,'' UN1697 is revised by correcting the Column (2) Hazardous materials description and proper shipping name to read ``Chloroacetophenone, solid, (CN).'' In addition, the Column (7) Special provisions entry is corrected to read ``A3, IB8, IP2, IP4, N12, N32, N33, N34, T3, TP2, TP13, TP33.'' The correction appears a ``Remove/Add'' in this rulemaking. The entry ``Cyclotrimethylenenitramine and octogen, mixtures, wetted or desensitized see RDX and HMX mixtures, wetted or desensitized etc.'' is added to the HMT. This entry was inadvertently removed under Docket HM-215G (70 FR 34381). The entry ``Denatured Alcohol,'' NA1987 is revised by correcting Column (7) to remove obsolete special provisions ``T 31'' and ``T 30.'' The entry ``Etching acid, liquid, n.o.s., see Hydrofluoric acid, solution etc.'' is revised by correcting the Column (2) Hazardous materials description and proper shipping name to read ``Etching acid, liquid, n.o.s., see Hydrofluoric acid, etc.'' The correction appears as a ``Remove/Add'' in this rulemaking. The entry ``Fissile radioactive materials, see Radioactive material, fissile, n.o.s.'' is removed. The entry ``Gasoline,'' UN1203 is revised by correcting Column (7) Special provisions entries ``144, B33, T8'' to read ``144, B1, B33, T8.'' The entry ``Hydrogen iodid solution, see Hydriodic acid,'' is revised by correcting the Column (2) Hazardous materials description and proper shipping name to read ``Hydrogen iodide solution, see Hydriodic acid.'' The correction appears as a ``Remove/Add'' in this rulemaking. The entry ``Nitrocresols, solid,'' UN2446 is revised by correcting the Column (7) Special provision entry ``TP3'' to read ``IP3.'' The entry ``Organometallic substance, liquid, water- reactive, flammable,'' UN3399 is revised by correcting the Column (1) Symbols to add a ``G'' symbol. The entry ``Radioactive material, Type A package non- special form, non fissile, or fissile excepted,'' UN2915 is revised by correcting Columns (8B) and (8C) to read ``415, 418'' and ``415, 419'' respectively. The entry ``Receptacles, small, containing gas (gas cartridges) non-flammable, without release device, not refillable and not exceeding 1 L capacity'' is added. This entry was inadvertently removed under Docket HM-215G (70 FR 34381). The entry ``Samples, explosive, other than initiating explosives,'' UN1090 is revised by correcting the Column (2) Hazardous materials description and proper shipping name to read ``Samples, explosive, other than initiating explosives.'' In addition, the Column (4) entry ``UN1090'' is revised to read ``UN0190'' and the Column 10B entry ``12E'' is removed. The correction appears as a ``Remove/Add'' in this rulemaking. The entry ``Selenium compound, liquid, n.o.s.,'' is revised by correcting the Column (7) Special provision entry ``TP14'' to read ``T14.'' The entry ``Sulfuric acid, fuming with 30 percent or more free sulfur trioxide,'' UN1831 is revised by correcting the Column (1) Symbols to add a ``+'' symbol. The entry ``Trinitrochlorobenzene (picry1 chloride), wetted, with not less than 10% water by mass,'' UN3365 is revised by correcting the Column (2) Hazardous materials description and proper shipping name to read ``Trinitrochlorobenzene (picryl chloride), wetted, with not less than 10% water by mass.'' The correction appears as a ``Remove/Add'' in this rulemaking. Section 172.102. In paragraph (c)(1), in Special provision 144, we are correcting the reference ``40 CFR 180.12'' to read ``40 CFR 280.12''. In paragraph (c)(1), we are editorially revising Special provision 132 for clarity. In paragraph (c)(4), in the Table 1.--IB CODES (IBC CODES), in the IB2 entry, a typographical error is corrected. Section 172.203. We are removing a requirement in paragraph (m) to include the word ``Poison'' or ``Toxic'' on a shipping paper if the fact that it is a poison is not disclosed in the shipping name or class entry. The requirement is no longer necessary because Sec. 172.202(a)(2) requires the subsidiary hazard class(es) to be entered following the primary hazard class or division number. Section 172.322. We are adding a new paragraph (f) to reference the exception for marine pollutants in Sec. 171.4(c). Part 173 Section 173.3. In Sec. 173.3, paragraph (c) introductory text is amended to include the proper tense of the word ``place.'' In addition, grammatical errors were corrected for clarity. Section 173.4. In paragraph (a) (10), we are revising the text to remove an obsolete package marking statement. Section 173.134. In paragraph (c)(1)(ii), we are correcting the reference ``29 CFR 1910.103'' to read ``29 CFR 1910.1030''. Section 173.222. In paragraph (c)(2), we are correcting the conversion ``0.5 L (0.3 gallons)'' to read ``0.5 L (0.1 gallon)''. Section 173.227. In Sec. 173.227, in the section heading, a typographical error is corrected. Section 173.315. Section 173.315(a) is revised to clarify that UN portable tanks used to transport liquefied gas must be loaded and offered in accordance with Special Provision T50 in Sec. 172.102 and must otherwise comply with the requirements of Sec. 173.315. Section 173.403. In the definition for ``Radioactive instrument or article,'' we are correcting the wording ``such as an instrument such as an instrument'' to read ``such as an instrument''. Section 173.418. We are revising paragraph (e) to remove the reference to Column (8) of the HMT for authorized Type B packagings for pyrophoric Class 7 (radioactive) materials, because the entries for pyrophoric Class 7 [[Page 56086]] (radioactive) materials no longer appear in the HMT. Section 173.421. We are correcting paragraph (a)(5) to state that a package may not contain fissile material unless excepted by Sec. 173.453. Under Sec. 173.421(a)(5) a package is limited to contain 15 grams or less of uranium-235. This package exception limit is actually in Sec. 173.453 not Sec. 173.426, and only applies to packages containing fissile material. Section 173.427. In paragraph (b)(5)(i), we are correcting the reference ``(Sec. Sec. 179.200, 179.201, 179.202 of this subchapter)'' to read ``(Sec. Sec. 173.31, and 179.201-1 to 179.201-11 of this subchapter)''. Section 173.465. In paragraph (c)(1), we are correcting the reference to ``Table 12'' to read ``Table 10''. Additionally, in column one of Table 10, we are correcting the wording ``Packaging mass'' to read ``Package mass''. Part 176 Section 176.144. In Sec. 176.144, in paragraph (a), in the ``TABLE 176.144(a)--AUTHORIZED MIXED STOWAGE FOR EXPLOSIVES,'' for compatibility groups ``E'' and ``F'' a typographical error which occurred during the printing process is corrected. Section 176.905. In paragraph (i)(3), we are correcting the reference ``46 CFR 70.10-44'' to read ``46 CFR 70.10-1''. Part 177 Section 177.848. We are reinstating a prohibition for storing, loading and transporting cyanides and cyanide mixtures or solutions with acids if a mixture of the materials would generate hydrogen cyanide. In a final rule published January 24, 2005, under Docket No. PHMSA 03-16370 (HM-233; 70 FR 3304), we revised paragraph (c) by adding a cross-reference to the Sec. 173.12(e) exceptions from segregation requirements for storage, loading and transportation of cyanides, cyanide mixture or solutions with acids. We inadvertently removed the prohibition for loading, storage and transportation of cyanides, cyanide mixtures or solutions with acids when, if mixed the materials would generate hydrogen cyanide. In this final rule, we are reinstating the prohibition. Part 178 Section 178.245-1. In paragraph (e), we are correcting the reference ``Sec. 173.300'' to read ``Sec. 173.115''. Section 178.345-1. In paragraph (c), in the definition for ``MAWP,'' we are correcting the reference ``Sec. 178.345-1(k)'' to read ``Sec. 178.320(a)''. Section 178.350. We are revising this section to clarify that the term ``Packaging manufacturer'' used in Sec. 178.3, for purposes of this section, means the person certifying that the package meets all requirements of Sec. 173.412. Part 180 Section 180.352. On December 20, 2004, we published a final rule under Docket Number RSPA-04-17036 (HM-215G). In that final rule, we added a new paragraph (d)(i)(iv) authorizing retests and inspections performed under paragraphs (d)(1)(i) and (d)(1)(ii) of this section to be used to satisfy the tests and inspections required of paragraph (b) of this section (69 FR 76186). However, an editorial error occurred during the printing process that caused the text in revised paragraphs (e) and (f) and the text in new paragraph (g) to be inadvertently omitted. The original intent of this change was to keep the ``repair'' and ``routine maintenance'' requirements in this section separate. Therefore, we are revising Sec. 180.352 to correct this editorial error. III. 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. 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). Because this rule has no economic impact, it is not necessary to prepare a regulatory impact analysis. 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. 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. 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, and a tribal summary impact statement is not required. E. 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. 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 [[Page 56087]] 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 49 CFR Part 105 Administrative practice and procedure, Hazardous materials transportation. 49 CFR Part 106 Administrative practice and procedure, Hazardous materials transportation. 49 CFR Part 107 Administrative practice and procedure, Hazardous materials transportation, Packaging and containers, Penalties, Reporting and recordkeeping requirements. 49 CFR Part 110 Disaster assistance, Education, Grant programs-environmental protection, Grant programs-Indians, Hazardous materials transportation, Hazardous substances, Indians, Reporting and recordkeeping requirements. 49 CFR Part 171 Exports, Hazardous materials transportation, Hazardous waste, Imports, Reporting and recordkeeping requirements. 49 CFR Part 172 Education, Hazardous materials transportation, Hazardous waste, Labeling, Markings, Packaging and containers, Reporting and recordkeeping requirements. 49 CFR Part 173 Hazardous materials transportation, Packaging and containers, Radioactive materials, Reporting and recordkeeping requirements, Uranium. 49 CFR Part 176 Hazardous materials transportation, Maritime carriers, Radioactive materials, Reporting and recordkeeping requirements. 49 CFR Part 177 Hazardous materials transportation, Motor carriers, Radioactive materials, Reporting and recordkeeping requirements. 49 CFR Part 178 Hazardous materials transportation, Motor vehicle safety, Packaging and containers, Reporting and recordkeeping requirements. 49 CFR Part 179 Hazardous materials transportation, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 180 Hazardous materials transportation, Motor vehicle safety, Packaging and containers, Reporting and recordkeeping requirements. 0 In consideration of the foregoing, 49 CFR Chapter I is amended as follows: PART 105--HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES 0 1. The authority citation for part 105 continues to read as follows: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. PART 105--[NOMENCLATURE CHANGE] 0 2. In part 105, the acronym ``RSPA'' is removed and ``PHMSA'' is added each place it appears in the following places: a. Section 105.26 section heading; b. Section 105.26 in two places; c. Section 105.30 introductory text; d. Section 105.30(b) in two places; e. Section 105.35 section heading; f. Section 105.35(a); introductory text; g. Section 105.45(a) in two places; h. Section 105.45(b)(2) in three places; i. Section 105.45(b)(3); j. Section 105.50(a); k. Section 105.50(d); l. Section 105.55(a) introductory text in two places; and m. Section 105.55(b) in two places. 0 3. Amend Sec. 105.5, by revising paragraph (a), and the definitions of ``Associate Administrator'' and ``File or Filed'' in paragraph (b), to read as follows: 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 Pipeline and Hazardous Materials Safety Administration (``PHMSA'' 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 PHMSA has given a term a precise meaning and will know where to look for it. * * * * * (b) * * * Associate Administrator means Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration. * * * * * File or Filed means received by the appropriate PHMSA or other designated office within the time specified in a regulation or rulemaking document. * * * * * 0 4. Section 105.20 is revised to read as follows: 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 PHMSA'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) Obtain hazardous materials safety information via the Internet at http://www.phmsa.dot.gov . (4) Send a letter, with your return address and a daytime telephone number, to: Office of Hazardous Materials Standards, Pipeline and Hazardous Materials Safety Administration, Attn: PHH-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 PHMSA'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 information from the Office of the Chief Counsel via the Internet at http://www.phmsa.dot.gov . (3) Send a letter, with your return address and a daytime telephone number, to: Office of the Chief Counsel, Pipeline and Hazardous Materials Safety Administration, Attn: PHC-10, U.S. Department of Transportation, 400 7th Street, SW., Washington, DC 20590-0001. [[Page 56088]] (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 PHMSA before February 1, 1997. 0 5. Section 105.25 is revised to read as follows: Sec. 105.25 Reviewing public documents. PHMSA 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 PHMSA's decisions in response to appeals. (2) Applications for exemption numbered DOT-E 11832 and above. 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 PHMSA after February 1, 1997. Also available are public comments, Federal Register notices, and PHMSA's rulings, determinations, decisions on reconsideration, and orders issued in response to those applications. (b) Office of Pipeline and Hazardous Materials Safety Administration's 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 contacting the Hazardous Materials Information Center at 1-800-467-4922 or through the Internet at http://www.phmsa.dot.gov . (2) Upon your written request, we will make the following documents and information available to you: (i) Appeals under 49 CFR part 107 and PHMSA's decisions issued in response to those appeals. (ii) Records of compliance order proceedings and PHMSA compliance orders. (iii) Applications for approvals, including supporting data, memoranda of any informal meetings with applicants, and decisions granting or denying approvals applications. (iv) Applications for exemptions numbered below DOT-E 11832 and related background information are available for public review and copying at the Office of Hazardous Materials Safety, Office of Hazardous Materials Exemptions and Approvals, U.S. Department of Transportation, Room 8100, 400 7th Street, SW., Washington, DC 20590- 0001. (v) Other information about PHMSA's hazardous materials program required by statute to be made available to the public for review and copying and any other information PHMSA 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, Pipeline and Hazardous Materials Safety Administration, Attn: PHH-1, U.S. Department of Transportation, 400 7th Street, SW., Washington, DC 20590-0001. 0 6. In Sec. 105.40, paragraph (d) is revised to read as follows: Sec. 105.40 Designated agents for non residents. * * * * * (d) Address. Send your designation to: Office of Hazardous Materials Exemptions and Approvals, Pipeline and Hazardous Materials Safety Administration, Attn: PHH-30, U.S. Department of Transportation, 400 7th Street, SW., Washington, DC 20590-0001. * * * * * PART 106--RULEMAKING PROCEDURES 0 7. The authority citation for part 106 continues to read as follows: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. PART 106--[NOMENCLATURE CHANGE] 0 8. In part 106, the acronym ``RSPA'' is removed and ``PHMSA'' is added in each place it appears in the following places: a. Subpart A, Title; b. Section 106.15; c. Section 106.25 introductory text; d. Section 106.35 in three places; e. Section 106.40 introductory text; f. Section 106.60; g. Section 106.75 introductory text in three places; h. Section 106.80; i. Section 106.85(a); j. Section 106.85(b); k. Section 106.90 introductory text; l. Section 106.90(c); m. Section 106.105 section heading; n. Section 106.110 section heading and introductory text; o. Section 106.110(b); p. Section 106.115(a)(4); q. Section 106.130 section heading and introductory text; r. Section 106.130(a)(4) in two places; s. Section 106.130(b)(1); and t. Section 106.130(b)(2) in two places. PART 106--[NOMENCLATURE CHANGE] 0 9. In part 106, the acronym ``RSPA's'' is removed and ``PHMSA's'' is added each place it appears in the following places: a. Section 106.20; b. Section 106.40(e); c. Section 106.55 introductory text; d. Section 106.110(a) in three places; e. Section 106.115(a) introductory text in two places; and f. Section 106.115(b) introductory text. 0 10. In Sec. 106.10 paragraph (a) introductory text, and (b)(2) are revised to read as follows: Sec. 106.10 Process for issuing rules. (a) PHMSA (``we'') uses informal rulemaking procedures under the Administrative Procedure Act (5 U.S.C. 553) to add, amend, or delete regulations. To propose or adopt changes to a regulation, PHMSA may issue one or more of the following documents. We publish the following rulemaking documents in the Federal Register unless we name and personally serve a copy of a rule on every person subject to it: * * * * * (b) * * * (2) PHMSA's legal authority for issuing the rulemaking document. * * * * * 0 11. Section 106.45 is revised to read as follows: Sec. 106.45 Tracking rulemaking actions. The following identifying numbers allow you to track PHMSA's rulemaking activities: (a) Docket number. We assign an identifying number, called a docket [[Page 56089]] number, to each rulemaking proceeding. Each rulemaking document that PHMSA issues in a particular rulemaking proceeding will display the same docket number. This number allows you to do the following: (1) Associate related documents that appear in the Federal Register. (2) Search the DOT Docket Management System (``DMS'') for information on particular rulemaking proceedings--including notices of proposed rulemaking, public comments, petitions for rulemaking, appeals, records of additional rulemaking proceedings and final rules. There are two ways you can search the DMS: (i) Visit the public docket room and review and copy any docketed materials during regular business hours. The DOT Docket Management System is located at the U.S. Department of Transportation, Plaza Level 401, 400 7th Street, SW., Washington, DC 20590-0001. (ii) View and download docketed materials through the Internet at http://dms.dot.gov . (b) Regulation identifier number. The Department of Transportation publishes a semiannual agenda of all current and projected Department of Transportation rulemakings, reviews of existing regulations, and completed actions. This semiannual agenda appears in the Unified Agenda of Federal Regulations that is published in the Federal Register in April and October of each year. The semiannual agenda tells the public about the Department's--including PHMSA's--regulatory activities. The Department assigns a regulation identifier number (RIN) to each individual rulemaking proceeding in the semiannual agenda. This number appears on all rulemaking documents published in the Federal Register and makes it easy for you to track those rulemaking proceedings in both the Federal Register and the semiannual regulatory agenda itself, as well as to locate all documents in the Docket Management System pertaining to a particular rulemaking. 0 12. Section 106.95 is revised to read as follows: Sec. 106.95 Requesting a change to the regulations. You may ask PHMSA to add, amend, or delete a regulation by filing a petition for rulemaking as follows: (a) For regulations in 49 CFR parts 110, 130, 171 through 180, submit the petition to: Office of Hazardous Materials Standards, Pipeline and Hazardous Materials Safety Administration, Attn: PHH-10, U.S. Department of Transportation, 400 7th Street, SW., Washington, DC 20590-0001. (b) For regulations in 49 CFR parts 105, 106, or 107, submit the petition to: Office of the Chief Counsel, Pipeline and Hazardous Materials Safety Administration, Attn: PHC-10, U.S. Department of Transportation, 400 7th Street, SW., Washington, DC 20590-0001. 0 13. Section 106.120 is revised to read as follows: Sec. 106.120 Appeal deadline. (a) Appeal of a final rule or withdrawal of a notice of proposed rulemaking. If you appeal PHMSA's issuance of a final rule or PHMSA's withdrawal of a proposed rulemaking, your appeal document must reach us no later than 30 days after the date PHMSA published the regulation or the withdrawal notice in the Federal Register. After that time, PHMSA will consider your appeal to be a petition for rulemaking under Sec. 106.100. (b) Appeal of a decision. If you appeal PHMSA's decision on a petition for rulemaking, your appeal document must reach us no later than 30 days from the date PHMSA served you with written notice of PHMSA's decision. PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES 0 14. The authority citation for part 107 continues to read as follows: Authority: 49 U.S.C. 5101-5127, 44701; Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L. 104-134 section 31001; 49 CFR 1.45, 1.53. PART 107--[NOMENCLATURE CHANGE] 0 15. In part 107, the acronym ``RSPA'' is removed and ``PHMSA'' is added in each place it appears in the following places: a. Section 107.1 definitions of ``Approval Agency,'' ``Filed,'' and ``Respondent''; b. Section 107.111; c. Section 107.310(e); d. Section 107.327(a)(1)(iii); e. Section 107.337; f. Section 107.339; g. Appendix A to Subpart D, Part IV(A.)(1); h. Section 107.402(b)(2); i. Section 107.403(c); j. Section 107.503(c); k. Section 107.608(c); l. Section 107.616(d)(1); m. Section 107.616(d)(3); n. Section 107.620(a)(1); o. Section 107.620(a)(2); p. Section 107.620(b); q. Section 107.711; and r. Section 107.803(a). PART 107--[NOMENCLATURE CHANGE] 0 16. In part 107, the acronym ``RSPA's'' is removed and ``PHMSA's'' is added in each place it appears in the following places: a. Section 107.310(b)(2); and b. Appendix A to Subpart D, Part IV(A.)(1). PART 107--[NOMENCLATURE CHANGE] 0 17. In part 107, ``Research and Special Programs Administration'' is removed and ``Pipeline and Hazardous Materials Safety Administration'' is added in each place it appears in the following places: a. Section 107.1 definitions of ``Administrator and Associate Administrator''; b. Section 107.127(a); c. Section 107.203(b)(1)(i); d. Section 107.215(b)(1)(i); e. Section 107.301; f. Section 107.305(b)(4); g. Section 107.335; and h. Section 107.705(a)(1). PART 107--[NOMENCLATURE CHANGE] 0 18. In part 107, `` [email protected] '' is removed and `` [email protected] '' is added in each of the following places: a. Section 107.203(b)(1)(iii); and b. Section 107.215(b)(1)(iii). PART 107--[NOMENCLATURE CHANGE] 0 19. In part 107, `` [email protected] '' is removed and `` [email protected] '' is added in each place it appears in the following places: a. Section 107.402(a); and b. Section 107.705(a)(1). 0 20. In Sec. 107.105, paragraph (a)(1) is revised to read as follows: Sec. 107.105 Application for exemption. (a) * * * (1) Be submitted for timely consideration, at least 120 days before the requested effective date, in duplicate to: Associate Administrator for Hazardous Materials Safety (Attention: Exemptions, PHH-31), Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 400 7th Street, SW., Washington, DC 20590-0001. Alternatively, you may send the [[Page 56090]] application with any attached supporting documentation submitted in an appropriate format by facsimile (fax) to: (202) 366-3753 or (202) 366- 3308 or by electronic mail (e-mail) to: [email protected] ; * * * * * 0 21. In Sec. 107.107, paragraph (b)(1) is revised to read as follows: Sec. 107.107 Application for party status. (b) * * * (1) Be submitted in duplicate to: Associate Administrator for Hazardous Materials Safety (Attention: Exemptions, PHH-31), Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 400 7t","truncated":true,"body_characters":75272}