RegulusPipeline research72 FR 55090
Passage 1[Federal Register Volume 72, Number 188 (Friday, September 28, 2007)] [Rules and Regulations] [Pages 55090-55091] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E7-19259] ======================================================================= ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA-2005-23141 (HM-215F)] RIN 2137-AE01 Hazardous Materials: Revision and Reformatting of Requirements for the Authorization To Use International Transport Standards and Regulations; Correction AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ----------------------------------------------------------------------- SUMMARY: On May 3, 2007, PHMSA published a final rule to amend the Hazardous Materials Regulations (HMR; Parts 171-180) by revising and consolidating the requirements applicable to the use of the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, the International Maritime Dangerous Goods Code, the Canadian Transport of Dangerous Goods Regulations, and the International Atomic Energy Agency Safety Standards Series: Regulations for the Safe Transport of Radioactive Material. This rule corrects errors in the final rule. DATES: Effective date: September 28, 2007. FOR FURTHER INFORMATION CONTACT: Joan McIntyre or Kurt Eichenlaub, Office of Hazardous Materials Standards, (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.#
Passage 2On May 3, 2007, the Pipeline and Hazardous Materials Safety Administration (PHMSA, we) published a final rule under Docket No. PHMSA-2005-23141 (HM-215F) to amend the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) by revising and consolidating the requirements applicable to the use of the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, the International Maritime Dangerous Goods Code, the Canadian Transport of Dangerous Goods Regulations, and the International Atomic Energy Agency Safety Standards Series: Regulations for the Safe Transport of Radioactive Material. The final rule is effective as of October 1, 2007. The Dangerous Goods Advisory Council (DGAC), an organization of industry stakeholders, filed an appeal to the May 3 final rule on June 4, 2007. We are addressing most elements of DGAC's appeal in a separate response, which will be included in the docket for this rulemaking. In the meantime, we are issuing this correction to address certain errors that DGAC identified in the text of the May 3 final rule.#
Passage 3The May 5 final rule added a new Sec. 171.22, which provides authorization and conditions for the use of international standards and regulations for the commercial transportation of hazardous materials to, from, or within the United States. Paragraph (g) of this section requires shipments to conform to applicable HMR requirements, including the general packaging requirements in Sec. Sec. 173.24 and 173.24a and the reuse, reconditioning, and remanufacture requirements in Sec. 173.28. The notice of proposed rulemaking issued under this docket on January 27, 2006 (71 FR 4544) proposed to apply these requirements ``for export shipments''. The phrase ``for export shipments'' was inadvertently dropped from the May 3 final rule. It was not our intention to require compliance with Sec. Sec. 173.24, 173.24a, or 173.28 for import shipments. Therefore, in this final rule, we are reinserting the phrase ``for export shipments'' in paragraphs (g)(5) and (g)(6) of Sec. 173.22. The DGAC appeal also identifies a typographical error in Sec. 171.12(a)(2). Use of the term ``subpart'' in Sec. 171.12(a)(2) is incorrect. This paragraph should read: ``When the provisions of this subchapter require a DOT specification or UN standard packaging to be used for transporting a hazardous material, a packaging authorized by the Transport Canada TDG Regulations may be used, subject to the limitations of this part, and only if it is equivalent to the corresponding DOT specification or UN packaging (see Sec. 173.24(d)(2) of this subchapter) authorized by this subchapter.'' We are correcting the typographical error in this final rule. 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. This final rule corrects errors in a final rule published in the Federal Register on May 3, 2007. B. Executive Order 12866 and DOT Regulatory Policies and Procedures#
Passage 4This 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). There are no cost impacts associated with this final rule. 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. Therefore, preparation of a federalism assessment is not warranted. 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. E. Regulatory Flexibility Act, Executive Order 13272, and DOT Procedures and Policies I certify this final rule will not have a significant economic impact on a substantial number of small entities. This rule corrects a previously issued final rule by reinserting a dropped phrase and correcting a typographical error. There are no cost impacts associated with this rule. 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. There are no new information collection requirements in this final rule. There are no environmental impacts associated with this final rule.#
Passage 5A 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. Exports, Hazardous materials transportation, Hazardous waste, Imports, Incorporation by reference, Reporting and recordkeeping requirements. 0 In consideration of the foregoing, we are making the following corrections to FR Doc. 07-1959, appearing on page 25162 in the Federal Register of Thursday, May 3, 2007: 0 1. On page 25171, in Sec. 171.12 correct the text in paragraph (a)(2) to read as follows: (a) * * * (2) General packaging requirements. When the provisions of this subchapter require a DOT specification or UN standard packaging to be used for transporting a hazardous material, a packaging authorized by the Transport Canada TDG Regulations may be used, subject to the limitations of this part, and only if it is equivalent to the corresponding DOT specification or UN packaging (see Sec. 173.24(d)(2) of this subchapter) authorized by this subchapter. * * * * * 0 2. On page 25173, in Sec. 171.22, correct the text in paragraphs (g)(5) and (g)(6) to read as follows: Sec. 171.22 Authorization and conditions for use of international standards and regulations. * * * * * (g) * * * (5) For export shipments, the general packaging requirements in Sec. Sec. 173.24 and 173.24a of this subchapter; (6) For export shipments, the requirements for the reuse, reconditioning, and remanufacture of packagings in Sec. 173.28 of this subchapter; and * * * * * Issued in Washington, DC, on September 21, 2007, under authority delegated in 49 CFR part 1. Krista L. Edwards, Acting Administrator. [FR Doc. E7-19259 Filed 9-27-07; 8:45 am] BILLING CODE 4910-60-P#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.