[Federal Register Volume 61, Number 242 (Monday, December 16, 1996)]
[Rules and Regulations]
[Pages 65958-65959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31649]
[[Page 65958]]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Part 171
[Docket No. HM-215B; Amdt No. 171-149]
RIN 2137-AC82
Harmonization With the United Nations Recommendations,
International Maritime Dangerous Goods Code, and International Civil
Aviation Organization's Technical Instructions
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule updates references in the Hazardous Materials
Regulations to include the most recent amendments to international
standards. Because of recent changes to the International Maritime
Dangerous Goods Code (IMDG Code) and the International Civil Aviation
Organization's Technical Instructions for the Safe Transport of
Dangerous Goods by Air (ICAO Technical Instructions), these amendments
are necessary to facilitate the continued transport of hazardous
materials in international commerce by vessel and aircraft when these
international regulations become effective.
DATES: Effective date: The effective date of these amendments is June
1, 1997.
Compliance date: Because of international standards which become
effective on January 1, 1997, RSPA is authorizing immediate voluntary
compliance. However, persons voluntarily complying with these
regulations should be aware that petitions for reconsideration may be
received and, as a result of RSPA's evaluation of those petitions, the
amendments adopted in this final rule could be subject to further
revision.
Incorporation by reference. The incorporation by reference of
certain publications listed in these amendments has been approved by
the Director of the Federal Register as of June 1, 1997.
FOR FURTHER INFORMATION CONTACT: Bob Richard, Assistant International
Standards Coordinator, telephone (202) 366-0656, or Beth Romo, Office
of Hazardous Materials Standards, telephone (202) 366-8553, Research
and Special Programs Administration, U.S. Department of Transportation,
400 Seventh Street, S.W., Washington, D.C. 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
The UN Recommendations are recommendations issued by the UN
Committee of Experts on the Transport of Dangerous Goods. These
recommendations are amended and updated biennially by the Committee of
Experts and are distributed to nations throughout the world. They serve
as the basis for national, regional, and international modal
regulations (specifically the IMDG Code, issued by the International
Maritime Organization (IMO), and the International Civil Aviation
Organization (ICAO) Technical Instructions, issued by the ICAO
Dangerous Goods Panel).
On October 25, 1996, RSPA published a notice of proposed rulemaking
under Docket HM-215B [61 FR 55364] to amend the HMR to incorporate
provisions adopted in the ninth revised edition of the UN
Recommendations, the 1997-98 ICAO Technical Instructions, and Amendment
28 to the IMDG Code. The notice contained proposals which would more
fully align the HMR with international air and sea transport
requirements which become effective on January 1, 1997. Other proposed
changes in the NPRM were based on feedback from the regulated industry
and RSPA initiatives. RSPA limited the comment period to 30 days and
stated its intent to develop and issue a final rule to coincide with
the January 1, 1997 effective date for international air and sea
transport requirements. Commenters to the NPRM were very supportive of
RSPA's efforts to align the HMR with international standards and urged
RSPA to adopt regulations to incorporate the most recent editions of
the ICAO Technical Instructions and IMDG Code by January 1, 1997.
However, due to an unanticipated delay in publication of the NPRM and a
variety of complex issues raised by commenters, RSPA recognizes the
impossibility of issuing one final rule by January 1, 1997, that
adequately addresses all concerns expressed by commenters. Therefore,
RSPA is issuing this final rule to incorporate the latest versions of
the ICAO Technical Instructions and IMDG Code to allow voluntary
compliance with international standards on January 1, 1997. All other
changes to the HMR proposed in the NPRM will be addressed in a
subsequent final rule under HM-215B.
In this final rule, RSPA is amending Sec. 171.7 to recognize
Amendment 28 to the IMDG Code, which has recently been published by the
International Maritime Organization (IMO). This amendment promulgates
numerous miscellaneous changes to the IMDG Code and addresses such
matters as classification, labeling, packaging, and documentation. IMO
has established January 1, 1997, as the implementation date for these
amendments. In Sec. 171.12, the HMR authorize shipments prepared in
accordance with the IMDG Code if all or part of the transportation is
by vessel, subject to certain conditions and limitations.
This rule also incorporates by reference the 1997-1998 edition of
the ICAO Technical Instructions, which becomes effective on January 1,
1997, pursuant to decisions taken by the ICAO Council regarding
implementation of Annex 18 to the Convention on International Civil
Aviation. The offering, acceptance and transportation of hazardous
materials by aircraft, and by motor vehicle either before or after
being transported by aircraft, is authorized in Sec. 171.11 as fully
equivalent to the HMR (with certain exceptions) if in conformance with
the ICAO Technical Instructions.
This final rule serves as a competent authority approval by
authorizing a six- month period for use of either Amendment 27 or
Amendment 28 of the IMDG Code and either the 1995-96 or 1997-98 ICAO
Technical Instructions. Voluntary compliance with new IMDG Code and
ICAO requirements is authorized as of January 1, 1997, but regulated
entities may comply with the old requirements until June 1, 1997.
II. Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This 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. The rule is not
considered a significant rule under the Regulatory Policies and
Procedures of the Department of Transportation (44 FR 11034).
The economic impact of this final rule is expected to result in
only minimal costs to certain persons subject to the HMR and may result
in modest cost savings to a small number of persons subject to the HMR
and to the agency. Because of the minimal economic impact of this rule,
preparation of a regulatory impact analysis or a regulatory evaluation
is not warranted.
B. Executive Order 12612
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 12612 (``Federalism'').
Federal
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hazardous materials transportation law, 49 U.S.C. 5701-5127, contains
an express preemption provision (49 U.S.C. 5125(b)) that preempts
State, local, and Indian tribe requirements on certain covered
subjects. Covered subjects are:
(1) The designation, description, and classification of hazardous
material;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or
(5) The design, manufacturing, fabricating, marking, maintenance,
reconditioning, repairing, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This final rule addresses covered subjects under items (1), (2),
(3), and (5) above and, if adopted as final, would preempt State,
local, or Indian tribe requirements not meeting the ``substantively the
same'' standard. Federal hazardous materials transportation law
provides at Sec. 5125(b)(2) that if DOT issues a regulation concerning
any of the covered subjects DOT must determine and publish in the
Federal Register the effective date of Federal preemption. The
effective date may not be earlier than the 90th day following the date
of issuance of the final rule and not later than two years after the
date of issuance. RSPA has determined that the effective date of
Federal preemption for these requirements will be June 16, 1997 under
this docket. Thus, RSPA lacks discretion in this area, and preparation
of a federalism assessment is not warranted.
C. Regulatory Flexibility Act
This final rule incorporates by reference the 1997-98 ICAO
Technical Instructions and Amendment 28 to the IMDG Code. It applies to
offerors and carriers of hazardous materials and facilitates the
transportation of hazardous materials in international commerce by
providing consistency with international requirements. U.S. companies,
including numerous small entities competing in foreign markets, will
not be at an economic disadvantage by being forced to comply with a
dual system of regulation. Therefore, I certify that this final rule
will not have a significant economic impact on a substantial number of
small entities.
D. Paperwork Reduction Act
The requirements for information collection have been approved by
the Office of Management and Budget (OMB) under OMB control numbers
2137-0034 for shipping papers and 2137-0557 for approvals. Under the
Paperwork Reduction Act of 1995, no person is required to respond to a
collection of information unless it displays a valid OMB control
number.
E. Regulation 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.
List of Subjects in 49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
1. The authority citation for part 171 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 171.7 [Amended]
2. In Sec. 171.7, in the table in paragraph (a)(3), the following
changes are made:
a. Under International Civil Aviation Organization (ICAO), for the
entry Technical Instructions for the Safe Transport of Dangerous Goods
by Air, the date ``1995-1996'' is revised to read ``1997-1998''.
b. Under International Maritime Organization (IMO), the entry
``International Maritime Dangerous Goods (IMDG) Code'' is amended by
removing the wording ``1990 Consolidated Edition, as amended by
Amendment 27 (1994)'' and adding in its place ``1994 Consolidated
Edition, as amended by Amendment 28 (1996)''.
Issued in Washington, DC on December 9, 1996, under authority
delegated in 49 CFR part 1.
Kelley S. Coyner,
Deputy Administrator.
[FR Doc. 96-31649 Filed 12-13-96; 8:45 am]
BILLING CODE 4910-60-P