[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]
BILLING CODE 4140-01-P