64 FR 9923 - Hazardous Materials: Authorization for the Continued Manufacture of Certain MC 331 Cargo Tanks | Regulus

Passage 1[Federal Register Volume 64, Number 39 (Monday, March 1, 1999)] [Rules and Regulations] [Pages 9923-9925] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-5093] ======================================================================= ----------------------------------------------------------------------- Research and Special Programs Administration [Docket No. RSPA-98-4943 (HM-225B)] RIN 2137-AD31 Hazardous Materials: Authorization for the Continued Manufacture of Certain MC 331 Cargo Tanks AGENCY: Research and Special Programs Administration (RSPA), DOT. ----------------------------------------------------------------------- SUMMARY: This final rule extends from March 1, 1999 to July 1, 1999, the period for continued manufacture of MC 331 cargo tanks without certification and demonstrated performance of the emergency discharge control system. This amendment is necessary to provide for the uninterrupted production of specification MC 331 cargo tanks used in the transportation of propane, anhydrous ammonia and other liquefied compressed gases. FOR FURTHER INFORMATION CONTACT: Jennifer Karim or Susan Gorsky, Office of Hazardous Materials Standards, Research and Special Programs Administration (202) 366-8553. SUPPLEMENTARY INFORMATION: On February 19, 1997, under Docket No. RSPA- 97-2133 (HM-225) [62 FR 7638], the Research and Special Programs Administration (RSPA, ``we'') issued an emergency interim final rule to specify the conditions under which MC 330 and MC 331 cargo tank motor vehicles could continue to operate while RSPA and the industry addressed operational problems related to the cargo tank emergency discharge control system. A final rule extending and revising the provisions of the emergency interim final rule was issued on August 18, 1997 [62 FR 44038]. The August 18 final rule#

Passage 2included a provision permitting continued manufacture of MC 331 cargo tanks without certification and demonstrated performance of the emergency discharge control system until March 1, 1999. We issued a final rule responding to petitions for reconsideration and clarifying certain provisions of the August 18 final rule on December 10, 1997 [62 FR 65187]. In this final rule, RSPA extends the expiration date of certain provisions of the previous final rule from March 1, 1999 to July 1, 1999. This change was based on a request from Farmland Industries, Inc. and The Fertilizer Institute asking that the agency allow a four-month extension of the expiration date to July 1, 1999, to avoid expiration of the requirements at the beginning of the fertilizer industry's peak delivery season. A provision in the August 18, 1997 final rule permits, until March 1, 1999, a new cargo tank motor vehicle to be marked and certified as conforming to specification MC 331 without certification and demonstrated performance of the emergency discharge control system. RSPA did not change the date for this provision in the December 10, 1997 final rule because it was not requested by petitioners and we did not anticipate a need to extend the date at that time. RSPA has subsequently established a negotiated rulemaking committee (the Committee) which is developing alternative safety standards for unloading liquefied compressed gases to replace those standards that expire on July 1, 1999. On January 12, 1999, for consistency with the work of the Committee and the expiration date of the final rule, RSPA published a notice of proposed rulemaking (NPRM) under Docket No. RSPA-98-4943 (64 FR 1789). This notice proposed to extend from March 1, 1999 to July 1, 1999 the period for continued manufacture of MC 331 cargo tanks without certification and demonstrated performance of the emergency discharge control system. The comment period ended on February 11, 1999, and no comments were received to the proposed change. Therefore, in this final rule, the expiration date is changed from March 1, 1999 to July 1, 1999 for the continued production of specification MC 331 cargo tanks used in the transportation of propane, anhydrous ammonia and other liquefied compressed gases. Executive Order 12866 and DOT Regulatory Policies and Procedures#

Passage 3This 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. The rule is not considered significant under the regulatory policies and procedures of the Department of Transportation (44 FR 11034). RSPA did not prepare a regulatory evaluation for this rule. However, a final regulatory evaluation was prepared in support of the December 10, 1997 final rule. The final regulatory evaluation is available for review in that public docket.#

Passage 4This rule has been analyzed according to the principles and criteria contained in Executive Order 12612 (``Federalism''). The Federal hazardous materials transportation law (49 U.S.C. 5101--5127) contains an express preemption provision that preempts State, local, and Indian tribe requirements on certain covered subjects. Covered subjects are: (A) The designation, description, and classification of hazardous materials; (B) The packing, repacking, handling, labeling, marking, and placarding of hazardous materials; (C) The preparation, execution, and use of shipping documents pertaining to hazardous materials and requirements relating to the number, content, and placement of such documents; (D) The written notification, recording, and reporting of the unintentional release in transportation of hazardous materials; or (E) The design, manufacturing, fabrication, marking, maintenance, reconditioning, repairing, or testing of a package or container which is represented, marked, certified, or sold as qualified for use in the transportation of hazardous materials. This final rule concerns the manufacturing of a container used in the transportation of a hazardous material. This final rule would preempt any State, local, or Indian tribe requirements concerning the above mentioned subjects unless the non- Federal requirements are ``substantively the same'' (see 49 CFR 107.202(d)) as the Federal requirements. Title 49 U.S.C. 5125(b)(2) provides that 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 June 1, 1999 under this document. RSPA has determined that this rule does not have sufficient Federalism impacts to warrant the preparation of a federalism assessment. This rule will not significantly or uniquely affect the communities of Indian tribal governments when analyzed under the principles and criteria contained in Executive Order (``Consultation and Coordination with Indian Tribal Government''). Therefore, the funding and consultation requirements of this Executive Order would not apply.#

Passage 5Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), RSPA must consider whether a rule would have a significant economic impact on a substantial number of small entities. This rule extends the expiration date of the current rule from March 1, 1999 to July 1, 1999. Therefore, I certify that this rule will not have a significant economic impact on a substantial number of small entities. 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. This rule does not propose any new information collection requirements. A regulation identifier number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN number contained in the heading of this document can be used to cross-reference this action with the Unified Agenda. 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 objective of the rule. 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, the 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. We do 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 rule does not impose business process changes or require modifications to computer systems. Because this rule does not affect organizations' ability to respond to the Year 2000 problem, we do not intend to delay the effectiveness of the requirements in this rule.#

Passage 6Exports, 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: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. 2. In Sec. 171.5, in paragraph (a)(3), the date ``March 1, 1999'' is revised to read July 1, 1999''. Issued in Washington, DC, on February 24, 1999, under authority delegated in 49 CFR Part 1. Kelley S. Coyner, Administrator. [FR Doc. 99-5093 Filed 2-26-99; 8:45 am] BILLING CODE 4910-60-P#