64 FR 71098 - Regulatory Flexibility Act Section 610 and Plain Language Reviews | Regulus

Passage 1[Federal Register Volume 64, Number 243 (Monday, December 20, 1999)] [Proposed Rules] [Pages 71098-71100] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-32888] ----------------------------------------------------------------------- Research and Special Programs Administration [Docket No. RSPA-99-5143, N-99-4] Regulatory Flexibility Act Section 610 and Plain Language Reviews AGENCY: Research and Special Programs Administration (RSPA), DOT. ACTION: Notice of regulatory review; request for comments. ----------------------------------------------------------------------- SUMMARY: RSPA requests comments on the economic impact of its regulations on small entities. As required by the Regulatory Flexibility Act and as published in DOT's Semi-Annual Regulatory Agenda, we are analyzing the rules on Rulemaking and Program Procedures and General Information, Regulations, and Definitions to identify rules that may have a significant economic impact on a substantial number of small entities. We also request comments on ways to make these regulations easier to read and understand. DATES: Comments must be received by March 22, 2000. 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. Identify the docket number RSPA-99-5143 at the beginning of your comments and submit two copies. If you want to receive confirmation of receipt of your comments, include a self- addressed, stamped postcard. You can also submit comments by e-mail by accessing the Dockets Management System on the Internet at ``http:// dms.dot.gov'' or by fax to (202) 366-3753. The Dockets Management System is located on the Plaza Level of the Nassif Building at the Department of Transportation at the above address. You can review public dockets there between the hours of 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. In addition, you can review comments by accessing the Dockets Management System at ``http://dms.dot.gov.''#

Passage 2FOR FURTHER INFORMATION CONTACT: Susan Gorsky, Office of Hazardous Materials Standards, Research and Special Programs Administration, U.S. Department of Transportation, telephone (202) 366-8553; or Donna O'Berry, Office of Chief Counsel, Research and Special Programs Administration, U.S. Department of Transportation, telephone (202) 366-4400. I. Section 610 of the Regulatory Flexibility Act Section 610 of the Regulatory Flexibility Act of 1980 (Pub. L. 96- 354), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), requires agencies to conduct periodic reviews of rules that have a significant economic impact on a substantial number of small business entities. The purpose of the reviews is to determine whether such rules should be continued without change, amended, or rescinded, consistent with the objectives of applicable statutes, to minimize any significant economic impact of the rules on a substantial number of such small entities.#

Passage 3The Department of Transportation (DOT) published its Semiannual Regulatory Agenda on November 22, 1999, listing in Appendix D (64 FR 64684) those regulations that each operating administration will review under section 610 during the next 12 months. Appendix D also contains DOT's 10-year review plan for all of its existing regulations. The Research and Special Programs Administration (RSPA, ``we'') has divided its Hazardous Materials Regulations (HMR; 49 CFR Parts 171 to 180) into 10 groups by subject area. Each group will be reviewed once every 10 years, undergoing a two-stage process--an Analysis Year and a Section 610 Review Year. For purposes of these reviews, a year will coincide with the fall-to-fall publication schedule of the Semiannual Regulatory Agenda. Thus, Year 1 (1998) began in the fall of 1998 and ends in the fall of 1999; Year 2 (1999) begins in the fall of 1999 and ends in the fall of 2000; and so on. During the Analysis Year, we will analyze each of the rules in a given year's group to determine whether any rule has a significant impact on a substantial number of small entities and, thus, requires review in accordance with section 610 of the Regulatory Flexibility Act. In each fall's Regulatory Agenda, we will publish the results of the analyses we completed during the previous year. For rules that have a negative finding, we will provide a short explanation. For parts, subparts, or other discrete sections of rules that do have a significant impact on a substantial number of small entities, we will announce that we will be conducting a formal section 610 review during the following 12 months. The section 610 review will determine whether a specific rule should be revised or revoked to lessen its impact on small entities. We will consider: (1) The continued need for the rule; (2) the nature of complaints or comments received from the public; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other federal rules or with state or local government rules; and (5) the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. At the end of the review year, we will publish the results of our review. The following table shows the 10-year analysis and review schedule:#

Passage 4RSPA Section 610 Review Plan ------------------------------------------------------------------------ Year Title Regulation Analysis Review ------------------------------------------------------------------------ 1............. Incident reports Secs. 171.15 1998 N/A and 171.16. 2............. Hazmat Program Parts 106 and 1999 2000 Procedures 107, Part 171. General Information, Regulations, and Definitions. 3............. Carriage by Rail Parts 174 and 2000 2001 and Highway. 177. 4............. Carriage by Part 176........ 2001 2002 Vessel. 5............. Radioactive Parts 172, 173, 2002 2003 Materials. 174, 175, 176, 177, 178. 6............. Explosives Parts 172, 173, 2003 2004 Cylinders. 174, 176, 177, 178. Parts 172, 173, 178, 180. 7............. Shippers--Genera Part 173........ 2004 2005 l Requirements for Shipments and Packagings. 8............. Specifications Part 178........ 2005 2006 for Non-bulk Packagings. 9............. Specifications Parts 178, 179, 2006 2007 for Bulk 180. Packagings. 10............ Hazardous Part 172........ ......... ......... Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements. Carriage by Part 175........ 2007 2008 Aircraft. ------------------------------------------------------------------------ During Year 2 (1999), the Analysis Year, we will conduct a preliminary assessment of the rules in 49 CFR Parts 106 and 107, Rulemaking and Program Procedures, and Part 171, General Information, Regulations, and Definitions. Part 106, Rulemaking Procedures, includes the following sections:#

Passage 5------------------------------------------------------------------------ Section Title ------------------------------------------------------------------------ 106.1..................................... Scope. 106.3..................................... Delegations. 106.5..................................... Regulatory dockets. 106.7..................................... Records. 106.9..................................... Where to file petitions. 106.11.................................... General. 106.13.................................... Initiation of rulemaking. 106.15.................................... Contents of notices of proposed rulemaking. 106.17.................................... Participation by interested persons. 106.19.................................... Petitions for extension of time to comment. 106.21.................................... Contents of written comments. 106.23.................................... Consideration of comments received. 106.25.................................... Additional rulemaking proceedings 106.27.................................... Hearings. 106.29.................................... Adoption of final rules. 106.31.................................... Petitions for rulemaking. 106.33.................................... Processing of petition. 106.35.................................... Petitions for reconsideration. 106.37.................................... Proceedings on petitions for reconsideration. 106.38.................................... Appeals. 106.39.................................... Direct final rulemakings. ------------------------------------------------------------------------ Part 107, Hazardous Materials Program Procedures, includes the following subparts:#

Passage 6------------------------------------------------------------------------ Subpart Title ------------------------------------------------------------------------ Subpart A................................. General Provisions. Subpart B................................. Exemptions. Subpart C................................. Preemption--Preemption Determinations and Waiver of Preemption Determinations. Subpart D................................. Enforcement--Compliance Orders and Civil Penalties, Criminal Penalties, Injunctive Action. Subpart E................................. Designation of Approval and Certification Agencies. Subpart F................................. Registration of Cargo Tank and Cargo Tank Motor Vehicle Manufacturers and Repairers and Cargo Tank Motor Vehicle Assemblers. Subpart G................................. Registration of Persons Who Offer or Transport Hazardous Materials. Subpart H................................. Approvals, Registrations, and Submissions. ------------------------------------------------------------------------ Part 171, General Information, Regulations, and Definitions, includes the following sections:#

Passage 7------------------------------------------------------------------------ Section Title ------------------------------------------------------------------------ 171.1..................................... Purpose and scope. 171.2..................................... General requirements. 171.3..................................... Hazardous waste. 171.4..................................... Marine pollutants. 171.6..................................... Control numbers under Paperwork Reduction Act. 171.7..................................... Reference material. 171.8..................................... Definitions and abbreviations. 171.9..................................... Rules of construction. 171.10.................................... Units of measure. 171.11.................................... Use of ICAO Technical Instructions. 171.12.................................... Import and export shipments. 171.12a................................... Canadian shipments and packagings. 171.14.................................... Transitional provisions for implementing requirements based on the UN recommendations. 171.19.................................... Approvals or authorizations issued by the Bureau of Explosives. 171.20.................................... Submission of Examination Reports. 171.21.................................... Assistance in investigations and special studies. ------------------------------------------------------------------------ We are seeking comments on whether any requirements in Part 106, 107, or 171 have a significant impact on a substantial number of small entities. ``Small entities'' include small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations under 50,000. If your business or organization is a small entity and if any of the requirements in Parts 106, 107, or 171 have a significant economic impact on your business or organization, please submit a comment to explain how and to what degree these rules affect you, the extent of the economic impact on your business or organization, and why you believe the economic impact is significant.#

Passage 8The National Partnership for Reinventing Government (NPR) has recommended that the federal government develop a more customer- oriented approach, particularly concerning government regulations and publications. The NPR recommendations suggest that agencies simplify and, as appropriate, rewrite rules and regulations in performance- based, plain-language formats. Plain language helps readers find requirements quickly and understand them easily. Examples of plain language techniques include: (1) Undesignated center headings to cluster related sections within subparts. (2) Short words, sentences, paragraphs, and sections to speed up reading and enhance understanding. (3) Sections as questions and answers to provide focus. (4) Personal pronouns to reduce passive voice and draw readers into the writing. (5) Tables to display complex information in a simple, easy-to-read format. President Clinton issued an Executive Memorandum on June 1, 1998, calling for agencies to write documents using ``easy-to-read design features.'' To ensure the use of plain language, the President directed agencies to use plain language in all new documents, other than regulations, by October 1, 1998, and to use plain language in all proposed and final rulemakings published in the Federal Register after January 1, 1999. The President also directed agencies to consider rewriting existing regulations in plain language when they have the opportunity and resources to do so. For an example of a rule drafted in plain language, you can refer to RSPA's notice of proposed rulemaking entitled ``Revised and Clarified Hazardous Materials Safety Rulemaking and Program Procedures,'' which was published December 11, 1998 (63 FR 68624). This NPRM proposed to rewrite part 106 and Subpart A of part 107 in plain language and to create a new part 105 that would contain definitions and general procedures. We are currently in the process of evaluating comments received in response to the NPRM.#

Passage 9In conjunction with our section 610 reviews, we will be performing plain language reviews of the HMR over a ten-year period on a schedule consistent with the section 610 review schedule. Thus, our review of parts 107 and 171 under section 610 will also include a plain language review to determine if the regulations can be reorganized and/or rewritten to make them easier to read, understand, and use. We encourage interested persons to submit draft regulatory language that clearly and simply communicates regulatory requirements, and other recommendations, such as for putting information in tables, that may make the regulations easier to use. Issued in Washington, DC on December 13, 1999, under authority delegated in 49 CFR part 106. Alan I. Roberts, Associate Administrator for Hazardous Materials Safety, Research and Special Programs Administration. [FR Doc. 99-32888 Filed 12-17-99; 8:45 am] BILLING CODE 4910-60-P#