[Federal Register Volume 59, Number 238 (Tuesday, December 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30557]
[[Page Unknown]]
[Federal Register: December 13, 1994]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Health Service
42 CFR Part 65
RIN 0905-AD69
National Institute of Environmental Health Sciences Hazardous
Waste Worker Training
AGENCY: National Institutes of Health, Public Health Service, HHS.
ACTION: Final rule.
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SUMMARY: The National Institutes of Health (NIH) is amending
regulations governing the National Institute of Environmental Health
Sciences Hazardous Waste Worker Training Program to make them
applicable to the new Hazmat Employee Training Grants Program
authorized by section 118 of the Hazardous Materials Transportation
Act, as amended by the Hazardous Materials Transportation Uniform
Safety Act of 1990.
EFFECTIVE DATE: Effective January 12, 1995.
FOR FURTHER INFORMATION CONTACT: Chip Hughes, Worker Education and
Training Program, Office of Disease Prevention, P. O. Box 12233, NIEHS,
West Campus, MD WC-04, Research Triangle Park, North Carolina 27709,
telephone (919) 541-0217 (this not a toll-free number).
SUPPLEMENTARY INFORMATION: The Hazardous Materials Transportation
Uniform Safety Act (HMTUSA) of 1990, Public Law 101-615, enacted on
November 16, 1990, amends the Hazardous Materials Transportation Act
(HMTA) (49 U.S.C. Appendix 1801 et seq.) by authorizing the National
Institute of Environmental Health Sciences (NIEHS) of the National
Institutes of Health to administer a program of grants to qualified
non-profit organizations for the purpose of providing training and
education to hazardous materials employees regarding the safe
unloading, loading, handling, storage and transportation of hazardous
materials and emergency preparedness for responding to accidents or
incidents involving the transportation of hazardous materials in order
to meet the training requirements issued under section 106(b) of the
HMTA. Section 118 of the HMTA directs NIEHS to administer the Hazmat
Employee Training Grant Program in consultation with the Secretary of
the U.S. Department of Transportation (DOT), the Administrator of the
Environmental Protection Agency (EPA) and the Secretary of the U.S.
Department of Labor (DOL). The grants are funded from the collection of
fees, as specified under section 117A(h) of the HMTA, which are
collected from the transporters of hazardous materials on an annual
basis. Funds to support the grant program are transferred from DOT to
NIEHS on an annual basis through an Interagency Agreement.
This rule amends regulations at 42 CFR part 65 governing the NIEHS
Hazardous Waste Worker Training Grants Program to make them applicable
to the new Hazmat Employee Training Grants Program. Specifically, the
authority citation for part 65 is amended to include the authority for
the new training grants (49 U.S.C. App. 1816); Sec. 65.1 is amended by
revising paragraphs (a), (b) concluding text and (c) introductory text
to set forth the applicability of part 65 to the Hazmat Employee
Training Grant Program; and Sec. 65.2 is amended by deleting the
definition of ``Act'' and adding definitions of the acronyms ``SARA''
and ``HMTA'' and by revising the definition of ``Award or grant.''
Additionally, references to ``section 126 of the Act'' found in
sections 65.1, 65.4 and 65.5 of the part 65 are revised to read
``section 126 of the SARA or section 118 of the HMTA.''
Further, Public Law 103-227, enacted on March 31, 1994, prohibits
smoking in certain facilities in which minors will be present. The
Department of Health and Human Services is now preparing to implement
the provisions of that law. Until those implementation plans are in
place, PHS continues to strongly encourage all grant recipients to
provide a smoke-free workplace and promote the nonuse of all tobacco
products.
On September 29, 1993, NIH published a notice of proposed
rulemaking in the Federal Register announcing our plans to amend the
regulations governing the Hazardous Waste Worker Training Program at 42
CFR part 65 by making these changes and invited public comment. We
received two comments on the proposed changes. These comments were
received from the George Meany Center for Labor Studies and the
Chemical Waste Transportation Institute of the National Solid Wastes
Management Association.
Comment: The George Meany Center for Labor Studies suggested that
the inclusion of both planning grants and program grants in part 65 is
inconsistent with section 118(c) of the amended HMTA which restricts
funding to ``non-profit organizations which previously have
demonstrated their expertise in implementing and operating hazmat
employee training and education programs.''
Response: While planning grants are an option for NIEHS in the
overall training program under the Superfund Amendments and
Reauthorization Act of 1986 (SARA), it would not be an option with the
HMTA Hazmat Employee Training Grant Program since the statute is so
narrowly drawn. In response to the comment, we have clarified Sec. 65.1
(c) to indicate that planning grants are available only under SARA.
Comment: The Chairman of the Chemical Waste Transportation
Institute suggested the title heading of part 65 be expanded to make
reference to both types of grants programs. He suggested the heading be
altered to read: ``NIEHS Hazardous Waste Worker Training and Hazmat
Employee Training Grant Programs.''
Response: NIEHS prefers to retain the original title heading of
part 65 which is generically descriptive of the kinds of programs
covered, including additions of new programs related to hazardous waste
worker training and additions to a program's purview and statutory
authority. The public will be notified of the availability of funds for
particular programs through the standard process of the issuance by NIH
of Requests for Applications (RFA). Hence, there is no need for
changing the program's general title with every new statutory or
regulatory amendment.
Accordingly, no changes have been made in the proposed rule, except
for minor editorial changes.
Regulatory Impact Statement
Executive Order No. 12866 of September 30, 1993, Regulatory
Planning and Review, requires us to prepare an analysis for any rule
that meets one of the E. O. 12866 criteria for a significant regulatory
action; that is, that may--
Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal, governments, or
communities;
Create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency;
Materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or
Raise novel legal or policy issues arising out of legal mandates,
the President's priorities, or the principles set forth in E.O.
12866.
In addition, we prepare a regulatory flexibility analysis, in
accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C.
chapter 6), if the rule is expected to have a significant impact on a
substantial number of small entities.
Because this rule merely makes minor changes in the authority
citation, applicability section, and definitions section to incorporate
the new Hazmat Employee Training Grant Program authority into part 65,
it will have no major consequential effects on the economy or small
entities. Therefore, the Secretary has determined that this rule is not
significant within the definition of E.O. 12866, and the Secretary
certifies that this rule will not have a significant impact on a
substantial number of small entities.
Paperwork Reduction Act
Sections 65.4(a), (b) and (c) of part 65 contain information
collection requirements subject to Office of Management and Budget
(OMB) review under the Paperwork Reduction Act of 1980 (44 U.S.C.
chapter 35). The information collection language in these sections is
currently approved under OMB control number 0925-0348. Response burden
in conjunction with the program is approved under OMB control number
0925-0001. This rule does not result in any changes in the language
currently approved under control number 0925-0348.
Catalog of Federal Domestic Assistance
The OMB Catalog of Federal Domestic Assistance (CFDA) numbered
program affected by the subject rule is: 93.142
List of Subjects in 42 CFR Part 65
Education study programs, Grant programs--education, Grant
programs--health, Hazardous materials transportation, training
programs.
Dated: November 1, 1994.
Philip R. Lee,
Assistant Secretary for Health.
Approved: December 7, 1994.
Donna E. Shalala,
Secretary.
For reasons set out in the preamble, part 65 of title 42 of the
code of Federal Regulations is amended to read as set forth below.
PART 65--NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
HAZARDOUS WASTE WORKER TRAINING
1. The authority citation for part 65 is revised to read as
follows:
Authority: 42 U.S.C. 9660a; 49 U.S.C. App. 1816.
2. Section 65.1 is amended by revising paragraphs (a), (b)
concluding text and (c) introductory text to read as follows:
Sec. 65.1 To what projects do these regulations apply?
(a) The regulations in this part apply to:
(1) The program of grants for the training and education of workers
who are or are likely to be engaged in activities related to hazardous
waste removal or containment, or emergency response that is authorized
under section 126(g) of the SARA; and
(2) The program of grants to support qualified non-profit
organizations for the purpose of providing training and education to
hazardous materials employees regarding: the safe unloading, loading,
handling, storage, and transportation of hazardous materials; and,
emergency preparedness for responding to accidents or incidents
involving the transportation of hazardous materials that is authorized
under section 118 of the HMTA.
(b) * * *
(1) * * *
* * * * *
Target populations may also be regulated under standards
promulgated by the Secretary of Labor, the Secretary of Transportation,
the Administrator of the Environmental Protection Agency, and other
agencies under section 126(g) of the SARA or section 106(b) of the
HMTA.
(c) Two types of grants are available: Program grants covering the
full range of activities, including program development, direct worker
training and education, and program evaluation; and planning grants
under the SARA.
* * * * *
3. Section 65.2 is amended by removing the definition of ``Act''
and by adding in alphabetical order definitions of the acronyms
``HMTA'' and ``SARA'', and by revising the definition of ``Award or
grant'', to read as follows:
Sec. 65.2 Definitions.
As used in this part:
Award or grant means a grant or cooperative agreement made under
section 126(g) of the SARA or section 118 of the HMTA.
* * * * *
HMTA means the Hazardous Materials Transportation Act, as amended
(49 U.S.C. App. 1801 et seq.).
* * * * *
SARA means the Superfund Amendments and Reauthorization Act of
1986, Public Law 99-499, as amended (42 U.S.C. 9601 et seq.).
* * * * *
4. Section 65.4 is amended by revising paragraph (b) to read as
follows:
Sec. 65.4 Project requirements.
* * * * *
(a) * * *
(b) Each applicant must detail the nature, duration, and purpose of
the training for which the application is filed. The proposed training
program must meet the standards promulgated by the Secretary of Labor
and Secretary of Transportation under section 126(g) of the SARA or
section 106(b) of the HMTA, and such additional requirements as the
Director may prescribe to ensure appropriate health and safety
training.
(c) * * *
5. Section 65.5 is amended by revising paragraph (b) to read as
follows:
Sec. 65.5 How will applications be evaluated?
(a) * * *
(b) Within the limits of funds available, the Director may award
training grants to carry out those projects which have satisfied the
requirements of the regulations of this part; are determined by the
Director to be technically meritorious; and in the judgment of the
Director best promote the purposes of the grant programs authorized by
section 126(g) of the SARA or section 118 of the HMTA, the regulations
of this part, and program priorities.
* * * * *
[FR Doc. 94-30557 Filed 12-12-94; 8:45 am]
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