[Federal Register Volume 61, Number 89 (Tuesday, May 7, 1996)]
[Rules and Regulations]
[Pages 20496-20497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11373]



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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

49 CFR Part 397

RIN 2125-AD90


Transportation of Hazardous Materials Regulations; Technical 
Amendment

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: This document makes a technical amendment to correct the 
authority citation for 49 CFR part 397. A citation which was 
erroneously deleted will be reinserted, and other specific references 
will be added to update this authority citation.

EFFECTIVE DATE: May 7, 1996.

FOR FURTHER INFORMATION CONTACT: Mr. Nathan C. Root, Office of Motor 
Carrier Research and Standards, (202) 366-4009 or Raymond W. Cuprill, 
Office of Chief Counsel, (202) 366-0834. Office hours are from 7:45 
a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal 
holidays.

SUPPLEMENTARY INFORMATION:

Background

    In 1988, in the course of making other changes to part 397, the 
Federal Highway Administration (FHWA) inadvertently eliminated from the 
authority citation the reference to section 204 of the Interstate 
Commerce Act, as amended (formerly found at 49 U.S.C. 304). The FHWA 
did not intend to eliminate this reference, and with this rulemaking, 
the FHWA is simply reinserting into the authority citation this 
reference (now codified at 49 U.S.C. 31502). The FHWA is also adding to 
the authority a reference to 49 U.S.C. 31136 (formerly section 206 of 
the Motor Carrier Safety Act of 1984). This citation refers to the 
authority of the Secretary of Transportation to prescribe regulations 
on commercial motor vehicle safety. In addition, the FHWA is amending 
in the authority section the current reference to 49 U.S.C. 5101 et 
seq. in order to reflect the specific sections of the law--49 U.S.C. 
5112 and 5125--that provide the authority for the regulations found in 
subparts C through E of 49 CFR part 397.

Rulemaking Analyses and Notices

    This final rule simply revises the authority citation for the 
FHWA's Transportation of Hazardous Materials regulations to remove an 
incorrect reference and to insert several references, one of which was 
used previously but was then erroneously removed. Thus, the FHWA 
believes that prior notice and opportunity for comment are unnecessary 
under 5 U.S.C. 553(b)(3)(B). Similarly, due to the editorial nature of 
this final rule, the FHWA has determined that prior notice and 
opportunity for comment are not required under the Department of 
Transportation's regulatory policies and procedures. It is not 
anticipated that provision of a comment period would result in the 
receipt of useful information. In this final rule, the FHWA is not 
exercising discretion in a way that could be meaningfully affected by 
public comment.
    In addition, the FHWA finds that good cause exists to dispense with 
the 30-day delay in the effective date required by 5 U.S.C. 553(d) due 
to the minor and technical nature of these amendments. Thus, the FHWA 
is proceeding directly with a final rule which will be effective on its 
date of publication.

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    Because this rule simply makes minor, technical corrections to the 
authority citation for 49 CFR part 397, this rulemaking is not likely 
to have an annual effect on the economy of $100 million or more. It is 
also not expected to cause an adverse effect on any sector of the 
economy. In addition, no serious inconsistency or interference with 
another agency's actions or plans will result. Thus, the FHWA has 
determined that this action is not a significant regulatory action 
under Executive Order 12866. Neither is it a significant rulemaking 
under the Department of Transportation's regulatory policies and 
procedures because it also does not concern a matter about which there 
is substantial public interest or controversy; it will not have a 
substantial effect on State and local governments or raise a major 
transportation safety problem; in addition, it will not initiate a 
substantial regulatory program or change in policy. Therefore, a full 
regulatory evaluation is not warranted.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this rule on small 
entities. Based upon this evaluation, the FHWA certifies that this 
final rule will not have a significant economic impact on a substantial 
number of small entities.

Executive Order 12612 (Federalism Assessment)

    The FHWA has reviewed this action to ensure its compliance with the 
principles and criteria contained in Executive Order 12612, and it has 
been determined that this rulemaking does not raise sufficient 
federalism issues to warrant the preparation of a separate Federalism 
Assessment. This final rule will not preempt any State law or State 
regulation, and no additional costs or burdens will be imposed on the 
States. In addition, this rule will have no effect on the States' 
ability to discharge traditional State governmental functions.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Number 20.217, Motor Carrier 
Safety. The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this program.

Paperwork Reduction Act

    This action does not contain a collection of information 
requirement for the purposes of the Paperwork Reduction Act of 1995, 44 
U.S.C. 3501-3520.

National Environmental Policy Act

    The agency has reviewed this action to ensure compliance with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has 
determined that this action will have no effect on the quality of the 
environment. Thus, an environmental impact statement is not required.

Regulation Identification Number

    A regulation identification 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 contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

List of Subjects in 49 CFR Part 397

    Hazardous materials transportation, Highway safety, Highways and 
roads, Motor carriers, Motor vehicle safety.


[[Page 20497]]


    Issued on: April 29, 1996.
Rodney E. Slater,
Federal Highway Administrator.

    The FHWA hereby amends 49 CFR part 397 by revising the authority 
citation to read as follows:

PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND 
PARKING RULES--[AMENDED]

    Authority: 49 U.S.C. 322; 49 CFR 1.48. Subpart A also issued 
under 49 U.S.C. 31136, 31502. Subparts C, D, and E also issued under 
49 U.S.C. 5112, 5125.

[FR Doc. 96-11373 Filed 5-6-96; 8:45 am]
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