[Federal Register Volume 59, Number 194 (Friday, October 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24936]
[[Page Unknown]]
[Federal Register: October 7, 1994]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171-180
[Docket No. HM-221; Notice No. 94-9]
RIN 2137-AC62
Alternate Standards for Open Head Fiber Drum Packaging
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Advance notice of proposed rulemaking (ANPRM).
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SUMMARY: On August 29, 1994, the President signed the ``Hazardous
Materials Transportation Authorization Act of 1994'' (the Act). Section
122 of the Act requires RSPA to examine requirements that pertain to
open head fiber drum packaging in domestic transportation.
Specifically, RSPA is to determine whether there are standards other
than the performance-based standards adopted under RSPA's rulemaking
Docket No. HM-181, that will provide an equal or greater level of
safety for the transportation of liquid hazardous materials. The
purpose of this ANPRM is to solicit comments and proposals for
alternate standards for open head fiber drum packaging.
DATES: Comments must be received on or before December 12, 1994.
ADDRESSES: Comments to this ANPRM should be addressed to the Dockets
Unit, Research and Special Programs Administration, U.S. Department of
Transportation, Washington DC 20590-0001. Comments should identify the
Docket (HM-221) and be submitted, if possible, in five copies. Persons
wishing to receive confirmation of receipt of their comments should
include a self-addressed stamped postcard showing the docket number.
The Dockets Unit is located in Room 8419 of the Nassif Building, 400
Seventh Street, SW, Washington, DC 20590-0001. Telephone: (202) 366-
5046. Public dockets may be reviewed between the hours of 8:30 a.m. and
5:00 p.m., Monday through Friday except Federal holidays.
FOR FURTHER INFORMATION CONTACT: John Potter, Office of Hazardous
Materials Standards, (202) 366-4488, RSPA, U.S. Department of
Transportation, 400 Seventh Street SW, Washington DC 20590-0001.
SUPPLEMENTARY INFORMATION: Section 122 of the Act (Pub. L. 103-311)
reads as follows:
SEC. 122. USE OF FIBER DRUM PACKAGING.
(a) INITIATION OF RULEMAKING PROCEEDING.--Not later than the
60th day following the date of enactment of this Act, the Secretary
of Transportation shall initiate a rulemaking proceeding to
determine whether the requirements of section 5103(b) of title 49,
United States Code (relating to regulations for safe transportation)
as they pertain to open head fiber drum packaging can be met for the
domestic transportation of liquid hazardous materials (with respect
to those classifications of liquid hazardous materials transported
by such drums pursuant to regulations in effect on September 30,
1991) with standards other than the performance-oriented packaging
standards adopted under docket number HM-181 contained in part 178
of title 49, Code of Federal Regulations.
(b) ISSUANCE OF STANDARDS.--If the Secretary of Transportation
determines, as a result of the rulemaking proceeding initiated under
subsection (a), that a packaging standard other than the
performance-oriented packaging standards referred to in subsection
(a) will provide an equal or greater level of safety for the
domestic transportation of liquid hazardous materials than would be
provided if such performance-oriented packaging standards were in
effect, the Secretary shall issue regulations which implement such
other standard and which take effect before October 1, 1996.
(c) COMPLETION OF RULEMAKING PROCEEDING.--The rulemaking
proceeding initiated under subsection (a) shall be completed before
October 1, 1995.
(d) LIMITATIONS.--
(1) The provisions of subsections (a), (b), and (c) shall not
apply to packaging for those hazardous materials regulated by the
Department of Transportation as poisonous by inhalation under
chapter 51 of title 49, United States Code.
(2) Nothing in this section shall be construed to prohibit the
Secretary of Transportation from issuing or enforcing regulations
for the international transportation of hazardous materials.
Detailed comments and proposals are requested that will assist RSPA
in developing an appropriate regulatory proposal consistent with the
requirement quoted above. Of particular importance is the determination
called for in paragraph (b) of Section 122 that a packaging standard to
be adopted provide an equal or greater level of safety for domestic
transportation of liquid hazardous materials than would be provided if
the performance-oriented packaging standards specified in 49 CFR part
178 subparts L and M were applied. Any interested person is invited to
present a proposal, preferably in the form of a draft standard, that
would assist RSPA in accomplishing the intended effect of this law. The
proposal should include a methodology for evaluating comparative levels
of safety and estimates, where available, of cost differences between
present and proposed packaging.
In addition, comments are invited on the issue of whether alternate
standards for open head fiber drums should be limited to domestic
transportation of liquid hazardous materials. If packagings authorized
by alternate standards would cost less than the performance standard
packaging adopted under HM-181, but were not authorized for
international shipments, an unfair competition issue could be raised in
relation to international trade agreements.
Regulatory Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This advance notice of proposed rulemaking is not considered a
significant regulatory action under section 3(f) of Executive Order
12866 and was not reviewed by the Office of Management and Budget. This
advance notice of proposed rulemaking is not considered significant
under the regulatory policies and procedures of the Department of
Transportation (44 FR 11034; February 26, 1979).
B. Executive Order 12612
RSPA will evaluate any proposed rule in accordance with the
principles and criteria contained in Executive Order 12612
(``Federalism'').
C. Regulatory Flexibility Act
RSPA will evaluate any proposed rule to determine whether it would
have a significant economic impact on a substantial number of small
entities.
D. Paperwork Reduction Act
There are no new information collection requirements in this
advance notice of proposed rulemaking.
E. Regulations 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 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.
Issued in Washington, DC on October 4, 1994, under authority
delegated in 49 CFR Part 106, Appendix A.
Robert A. McGuire,
Deputy Administrator for Hazardous Materials Safety.
[FR Doc. 94-24936 Filed 10-6-94; 8:45 am]
BILLING CODE 4910-60-P