RegulusPipeline research64 FR 51719
Passage 1[Federal Register Volume 64, Number 185 (Friday, September 24, 1999)] [Rules and Regulations] [Pages 51719-51720] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-24752] ======================================================================= ----------------------------------------------------------------------- Research and Special Programs Administration [RSPA-99-6195 (Docket No. HM-206D)] RIN 2137-AD37 Hazardous Materials: Limited Extension of Requirements for Labeling Materials Poisonous by Inhalation (PIH); Corrections AGENCY: Research and Special Programs Administration (RSPA), DOT. ACTION: Interim final rule; corrections. ----------------------------------------------------------------------- SUMMARY: On September 16, 1999, RSPA published an interim final rule which provided a limited exception, until October 1, 2001, from requirements to place the new POISON INHALATION HAZARD or POISON GAS labels on packages that are intended for transportation in international commerce. The exception applies only to Division 2.3 materials and Division 6.1 liquids in Hazard Zone A or B that are loaded into a freight container or closed transport vehicle that is placarded and marked with the identification number, as currently required for those materials. This final rule corrects an inadvertent error in the section on Canadian shipments and packagings which, as published, would only provide relief for shipments of PIH materials transported from Canada. As modified in this correction, the September 16, 1999 interim final rule is revised to provide for the transportation of packages containing PIH materials between the U.S. and Canada in conformance with the TDG labeling requirements. DATES: Effective Dates: This final rule correction is effective on October 1, 1999. The effective date of the interim final rule remains October 1, 1999. Comment Date: Comments must be received by November 15, 1999. ADDRESSES: Address written comments to the Dockets Management System, U.S. Department of Transportation, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590-0001. Comments may also be submitted to the docket electronically by logging onto the Dockets Management System website at http://dms.dot.gov. See September 16 interim final rule for further instructions on submitting comments.#
Passage 2FOR FURTHER INFORMATION CONTACT: Helen L. Engrum, Office of Hazardous Materials Standards, (202) 366-8553, Research and Special Programs Administration, U.S. Department of Transportation, 400 Seventh Street, SW, Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: On September 16, 1999, RSPA published an interim final rule providing a limited exception, until October 1, 2001, from requirements to place the new POISON INHALATION HAZARD or POISON GAS labels on packages containing PIH materials when transported in international commerce in accordance with the requirements prescribed in 49 CFR 171.12 or 49 CFR 171.12a. (64 FR 50260). In the preamble, RSPA stated that the exception would provide for the transportation of PIH materials to and from Canada. RSPA inadvertently did not include a necessary change to 49 CFR 171.12a(a) to provide for shipments transported from the U.S. to Canada. That section is amended to correct the error. In addition, 49 CFR 171.12a(b)(5)(iv), as added at 64 FR 50263, is amended to clarify that packages of PIH materials from or to the U.S. may be transported using this exception. A. Executive Order 12866 and DOT Regulatory Policies and Procedures This interim final rule is not a significant regulatory action under section 3(f) of Executive Order 12866 and, therefore, was not reviewed by the Office of Management and Budget. A regulatory evaluation prepared for the January 8, 1997 final rule is available in the Docket (HM-206). Implementation of this labeling exception for PIH materials provided by this rulemaking should not result in any additional costs. Any savings associated with avoiding delay or frustration of shipments is considered so minimal as to not warrant revision of the regulatory evaluation. The final rule has been analyzed in accordance with the principles and criteria in Executive Order 12612 (``Federalism''). Federal hazardous materials transportation law, 49 U.S.C. 5101-5127 contains express preemption provisions at 49 U.S.C. 5125 and expressly preempts State, local, and Indian tribe requirements applicable to the transportation of hazardous materials that cover certain subjects and are not substantively the same as Federal requirements. These subjects are:#
Passage 3(A) The designation, description, and classification of hazardous material. (B) The packing, repacking, handling, labeling, marking, and placarding of hazardous materials. (C) The preparation, execution, and use of shipping documents related to hazardous material and requirements respecting the number, content, and placement of those documents. (D) The written notification, recording, and reporting of the unintentional release in transportation of hazardous material. (E) The design, manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing of a package or container represented, marked, certified, or sold as qualified for use in transporting hazardous material. This final rule preempts State, local, or Indian tribe requirements concerning these subjects unless the non-Federal requirements are ``substantively the same'' (see 49 CFR 107.202(d)) as the Federal requirements. RSPA lacks discretion in this area, and preparation of a federalism assessment is not warranted. Federal law 49 U.S.C. 5125(b)(2) provides 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 the final rule and not later than two years after the date of issuance. RSPA has determined that the effective date of Federal preemption for these requirements will be December 15, 1999. RSPA believes this change will not significantly or uniquely affect the communities of Indian tribal governments under the principles and criteria contained in Executive Order 13084 (``Consultation and Coordination with Indian Tribal Governments''). Therefore, the funding and consultation requirements of this Executive Order would not apply. Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), RSPA must consider whether this interim final rule would have a significant economic impact on a substantial number of small entities. This rule provides limited relief to certain shippers and carriers of materials poisonous by inhalation and will have no significant economic impacts. I certify that this final rule will not have a significant economic impact on a substantial number of small entities.#
Passage 4Under 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. This rule does not contain any new information collection requirements. 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. This final 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. H. Impact on Business Processes and Computer Systems Many computers that use two digits to keep track of dates will, on January 1, 2000, recognize ``double zero'' not as 2000 but as 1900. This glitch, Year 2000 problem, could cause computers to stop running or to start generating erroneous data. The year 2000 problem poses a threat to the global economy in which Americans live and work. With the help of the President's Council on Year 2000 Conversion, Federal agencies are reaching out to increase awareness of the problem and to offer support. RSPA does not want to impose new requirements that would mandate business process changes when the resources necessary to implement those requirements would otherwise be applied to the Year 2000 problem. This final rule does not contain business process changes and does not require modifications to computer systems for computer generated labels. The rule does not affect organizations' ability to respond to the Year 2000 problem and provides some relief to the international regulated community, until October 1, 2001, when mandatory compliance with the new PIH labeling is required. Exports, Hazardous materials transportation, Hazardous waste, Imports, Reporting and recordkeeping requirements. In consideration of the foregoing, 49 CFR part 171 is amended as follows: PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 1. The authority citation for part 171 continues to read as follows:#
Passage 5Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. 2. In Sec. 171.12a(a), the second sentence is amended by removing the phrase ``The provisions'' and adding the phrase ``Except as provided in paragraph (b)(5)(iv) of this section, the provisions'' in its place. 3. In Sec. 171.12a(b)(5)(iv), as added at 64 FR 50263, remove the phrase ``the package may be'' and add the phrase ``the package may be transported to or from the U.S. while'' in its place. Issued in Washington, DC, on September 17, 1999, under the authority delegated in 49 CFR part 1. Stephen D. Van Beek, Deputy Administrator. [FR Doc. 99-24752 Filed 9-23-99; 8:45 am] BILLING CODE 4910-60-U#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.