[Federal Register Volume 62, Number 85 (Friday, May 2, 1997)]
[Rules and Regulations]
[Pages 24055-24058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11436]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 107 and 190

[Docket No. RSP-3]
RIN 2137-AD00


Availability of Interpretations of Hazardous Materials and 
Pipeline Safety Regulations

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Final rule.

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SUMMARY: In this final rule, RSPA establishes two new informational 
sections. The new sections give notice of the availability of informal 
guidance and interpretive assistance concerning the Federal hazardous 
materials transportation law and the Hazardous Materials Regulations, 
as well as the Federal pipeline safety law and the pipeline safety 
regulations.

EFFECTIVE DATE: The effective date of these amendments is May 2, 1997.

FOR FURTHER INFORMATION CONTACT: Nancy E. Machado, Office of the Chief 
Counsel, (202) 366-4400, RSPA, Department of Transportation, 400 
Seventh Street SW., Washington, DC 20590-0001 (for hazardous materials 
transportation issues); or, Paul Sanchez, Office of the Chief Counsel, 
(202) 366-4400, RSPA, Department of Transportation, 400 Seventh Street 
SW., Washington, DC 20590-0001 (for pipeline safety issues).

SUPPLEMENTARY INFORMATION:

Background

    On March 29, 1996, the Small Business Regulatory Enforcement 
Fairness Act of 1996 (SBREFA), was enacted as Title II of the Contract 
with America Advancement Act of 1996, Pub. L. 104-121. Section 213(b) 
of SBREFA requires that, prior to March 29, 1997, each Federal agency 
that regulates small entities establish a program to answer inquiries 
by small entities concerning information on, advice about, and 
compliance with, statutes and agency regulations, taking into account 
specific facts supplied by the small entity. That section further 
provides that guidance given to a small entity may be used as evidence 
of the reasonableness or appropriateness of proposed fines, penalties, 
or damages in civil and administrative actions. Finally, the section 
mandates that each Federal agency report to Congress, by March 29, 
1998, on the scope of its program; this report must include the number 
of small entities obtaining guidance, and the achievements of the 
agency's program.

Hazardous Materials Safety--Part 107

    The Federal hazardous material transportation law (Federal hazmat 
law), 49 U.S.C. 5101-5127, directs the Secretary of Transportation to 
prescribe regulations for the safe transportation of hazardous 
materials in commerce. 49 U.S.C. 5103. The Research and Special 
Programs Administration (RSPA) is the administration within the 
Department of Transportation primarily responsible for implementing the 
Federal hazmat law. 49 CFR 1.53. RSPA does so through the Hazardous 
Materials Regulations (HMR; 49 CFR Parts 171-180).
    The Federal hazmat law and the HMR apply to a person who transports 
hazardous materials in commerce; causes hazardous material to be 
transported in commerce; or manufactures, fabricates, marks, maintains, 
reconditions, repairs, or tests a packaging or container which is 
represented, marked, certified, or sold by that person as qualified for 
use in transporting a hazardous material in commerce. Many of the 
persons involved in these regulated activities are small entities, 
including small business concerns and individuals.
    RSPA's Office of Hazardous Materials Safety (OHMS) maintains a 
telephonic information line dedicated to answering questions concerning 
all aspects of regulated hazardous materials activities. Telephonic 
assistance is available from 9:00 a.m. to 4:00 p.m. Eastern time, 
Monday through Friday, except Federal holidays. At all other times, 
callers are requested to leave a recorded message, which is answered by 
the next business day.
    The information line may be reached via a local, Washington, D.C. 
telephone number (202-366-4488), or through a toll-free ``800'' number 
(1-800-467-4922). Additionally, a written response to a question on the 
Hazardous Materials Regulations may be obtained by writing to RSPA's 
Office of Hazardous Materials Standards.
    Information may also be obtained by contacting OHMS via the 
Internet (http://www.volpe.dot.gov/ohm). Information currently or soon 
to be available from OHMS' internet home page includes: (1) Recent 
rulemakings published by OHMS, in both text and image files; (2) 
Information about upcoming training classes provided by DOT; (3) The 
Emergency Response Guidebook, searchable by identification number and 
shipping name; (4) The Hazardous Materials Registration form, with 
guidance; and (5) The Hazardous

[[Page 24056]]

Materials Incident Report form, with guidance.
    Presently, the information line's telephone numbers are published 
in RSPA's Hazardous Materials Information Exchange computer bulletin 
board, in informational brochures distributed to state and municipal 
governmental entities and trade organizations, in newsletters published 
by trade organizations, and in various DOT publications. Additionally, 
many of these sources also make known the availability of RSPA's 
written letters of clarification and assistance with hazardous 
materials issues. However, many small entities, including sole 
proprietorships, family businesses, and individuals, may not have 
access to these sources of information and, correspondingly, may be 
unaware of the verbal and written assistance available to them.
    Also, RSPA's Office of the Chief Counsel (OCC) is available to 
answer questions concerning Federal hazmat law and Federal preemption 
of state, local and Indian tribe hazardous materials transportation 
requirements. OCC may be contacted by telephone (202-366-4400) from 
9:00 a.m. to 4:00 p.m. Eastern time, Monday through Friday, except 
Federal holidays. Information and guidance concerning Federal hazmat 
law and preemption may also be obtained by writing to OCC or by 
contacting OCC via the Internet at http://rspa-atty.dot.gov. 
Specifically, OCC's website contains, or will soon contain: an 
organizational list; an index to preemption of state and local laws on 
hazardous materials transportation; the status of preemption 
determination applications; ``hot topic'' summaries of current 
significant decisions and events; procedural rules for pipeline safety 
administrative enforcement cases; and, a ``feedback'' mechanism to 
correspond electronically with OCC staff attorneys.
    This rule amends the regulations in Part 107 by adding a new 
informational section 107.14. This section describes how to obtain 
telephonic assistance on hazardous materials issues, publishes the 
local and ``800'' telephone numbers for OHMS' information line and for 
OCC, and publishes OHMS' and OCC's Internet addresses. Section 107.14 
also contains a paragraph which explains the availability of written 
guidance, and publishes the procedure for obtaining this guidance.

Pipeline Safety--Part 190

    Federal pipeline safety law, 49 U.S.C. 60101 et seq., directs the 
Secretary of Transportation to prescribe minimum safety standards for 
pipeline transportation and for pipeline facilities. 49 U.S.C. 60102. 
RSPA is the administration within the Department of Transportation 
responsible for implementing the pipeline safety law. 49 CFR 1.53. RSPA 
does so through the pipeline safety regulations (49 CFR Parts 190-199).
    The pipeline safety law and the pipeline safety regulations apply 
to owners and operators of pipeline facilities; may apply to the 
design, installation, inspection, emergency plans and procedures, 
testing, construction, extension, operation, replacement, and 
maintenance of pipeline facilities; and include a requirement that all 
individuals who operate and maintain pipeline facilities shall be 
qualified to operate and maintain the pipeline facilities. There are 
more than 20,000 gas and hazardous liquid pipeline companies, of which 
only about 1,000 are major companies.
    RSPA's Office of Pipeline Safety (OPS) has designated its website 
on the Internet and a telephone line at the OPS Washington, D.C. 
headquarters as its means of disseminating information concerning small 
pipeline operators. It is also anticipated that the OPS regional 
offices and inspectors in the field will disseminate information and 
provide assistance to small operators. Small operators will be able to 
access information on pipeline safety regulations, recent Federal 
Register notices, interpretations, waivers, Alert Notices, and other 
useful information, including information on the availability of 
underground utility damage prevention programs in their region.
    The OPS website will clearly display a ``Special Information for 
Operators of Small Pipelines and Master Meter Systems'' button. Small 
operators will have access to the recently revised ``Guidance Manual 
for Operators of Small Natural Gas Systems'' (the Small Gas Operators 
Manual), a document that explains how to comply with the pipeline 
safety regulations. In addition, small operators will be able to 
communicate directly with OPS engineers and regulatory personnel by 
clicking on a ``Talk With OPS'' button.
    Both the OPS website and information telephone line are staffed by 
OPS engineers and regulatory personnel. OPS staff are available between 
the hours of 9:00 a.m. and 5:00 p.m. Eastern time, Monday through 
Friday, except Federal holidays. The OPS telephone number and OPS 
website address are provided in customer brochures. Callers may also be 
directed to the information telephone line through the main telephone 
line at OPS headquarters. Both services are accessible on a 24-hour 
basis. Individuals will be able to leave a recorded voicemail message 
by telephone or post a message at the website when OPS personnel are 
not present. All messages will receive a response by the following 
business day. The telephone number for the OPS information line is 
(202) 366-0918 and the OPS website can be accessed via the Internet at 
http://www.dot.ops.gov.
    Also, OCC is available to answer questions concerning pipeline 
safety law, the statutory authority underlying RSPA's pipeline 
regulations. OCC may be contacted by telephone (202-366-4400) from 9:00 
a.m. to 4:00 p.m. Eastern time, Monday through Friday, except Federal 
holidays. Information and guidance concerning pipeline safety law may 
also be obtained by writing to OCC or by contacting OCC via the 
Internet at http://rspa-atty.dot.gov. Specifically, OCC's website 
contains, or will soon contain: an organizational list; an index to 
preemption of state and local laws on hazardous materials 
transportation; the status of preemption determination applications; 
``hot topic'' summaries of current significant decisions and events; 
procedural rules for pipeline safety administrative enforcement cases; 
and, a ``feedback'' mechanism to correspond electronically with OCC 
staff attorneys.
    This rule will amend the pipeline safety regulations by adding a 
new informational regulation located at Sec. 190.11. This section: (1) 
Sets out the availability of assistance via the OPS and OCC websites on 
the Internet and by telephone with respect to pipeline safety issues; 
(2) provides the OPS and OCC website Internet addresses; and (3) 
provides the OPS and OCC telephone numbers.

Effective Date

    Because the amendments adopted herein are for informational 
purposes only and impose no new regulatory burden on any person, notice 
and public procedure are unnecessary. For these same reasons, these 
amendments are being made effective without the usual 30-day delay 
following publication.

Rulemaking Analysis and Notices

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 
significant according to the Regulatory Policies and Procedures of the 
Department of Transportation (44 FR 11034). The changes adopted in this

[[Page 24057]]

rule do not result in any additional costs to the public or the agency. 
Because of the minimal economic impact of this rule, preparation of a 
regulatory evaluation is not warranted.

Executive Order 12612

    This final rule has been analyzed in accordance with the principles 
and criteria in Executive Order 12612 (``Federalism'') and does not 
have sufficient Federalism impacts to warrant the preparation of a 
federalism assessment.

Regulatory Flexibility Act

    I certify that this final rule will not have a significant economic 
impact on a substantial number of small entities. This rule does not 
impose any new requirements; thus, there are no direct or indirect 
adverse economic impact for small units of government, businesses or 
other organizations.

Paperwork Reduction Act

    There are no new information collection requirements in this final 
rule.

Regulation Identifier Number

    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

49 CFR Part 107

    Administrative practice and procedure, Hazardous materials 
transportation, Packaging and containers, Penalties.

49 CFR Part 190

    Administrative practice and procedure, Pipeline safety.
    In consideration of the foregoing, 49 CFR parts 107 and 190 are 
amended as follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

    1. The authority citation for part 107 is revised to read as 
follows:

    Authority: 49 U.S.C. 5101-5127, 44701; Sec. 212-213, Pub. L. 
104-121, 110 Stat. 857; 49 CFR 1.45, 1.53.

    2. In subpart A, a new Sec. 107.14 is added to read as follows:


Sec. 107.14  Availability of informal guidance and interpretive 
assistance.

    (a) Availability of telephonic and Internet assistance. (1) RSPA 
has a toll-free, telephonic information line which provides answers to 
inquiries by small entities and other parties concerning information on 
and advice about compliance with the hazardous materials regulations, 
49 CFR parts 171-180. The information line is staffed from 9:00 a.m. 
through 4:00 p.m., Eastern time, Monday through Friday, except Federal 
holidays. When the information line is not staffed, callers leave a 
recorded message, which will be answered by the next business day. The 
telephone numbers for the information line are: 1-800-467-4922 (that 
is; 1-800-HMR49-22 toll free), or 202-366-4488 (Washington, DC area). 
Additionally, information may be obtained from the Office of Hazardous 
Materials Safety via the Internet at http://www.volpe.dot.gov/ohm.
    (2) RSPA's Office of the Chief Counsel (OCC) is available to answer 
questions concerning Federal hazardous material transportation law, 49 
USC 5101 et seq. and Federal preemption of state, local and Indian 
tribe hazardous material transportation requirements. OCC may be 
contacted by telephone (202-366-4400) from 9:00 a.m. to 4:00 p.m. 
Eastern time, Monday through Friday, except Federal holidays. 
Information and guidance concerning Federal hazardous material 
transportation law and preemption may also be obtained by contacting 
OCC via the Internet at http://rspa-atty.dot.gov.
    (b) Availability of Written Interpretations. (1) A written 
regulatory clarification, response to a question, or an opinion 
concerning hazardous materials offering, transporting, or packaging 
requirements may be obtained by submitting a written request to the 
RSPA Office of Hazardous Materials Standards (DHM-10), U.S. Department 
of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. 
The requestor must include his or her return address and should also 
include a daytime telephone number.
    (2) A written interpretation regarding Federal hazardous material 
transportation law, 49 USC 5101 et seq., may be obtained from the 
Office of the Chief Counsel (DCC-1) RSPA, U.S. Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. The 
requestor must include his or her return address and should also 
include a daytime telephone number.

PART 190--PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES

    3. The authority citation for part 190 is revised to read as 
follows:

    Authority: 33 U.S.C. 1321; 49 U.S.C. 5101-5127, 60101 et seq.; 
Sec. 212-213, Pub. L. 104-121, 110 Stat. 857; 49 CFR 1.53.

    4. In subpart A, a new Sec. 190.11 is added to read as follows:


Sec. 190.11  Availability of informal guidance and interpretive 
assistance.

    (a) Availability of telephonic and Internet assistance. (1) RSPA 
has established a website on the Internet and a telephone line at the 
Office of Pipeline Safety headquarters where small operators and others 
can obtain information on and advice about compliance with pipeline 
safety regulations, 49 CFR parts 190-199. The website and telephone 
line are staffed by personnel from RSPA's Office of Pipeline Safety 
from 9:00 a.m. through 5:00 p.m., Eastern time, Monday through Friday, 
except Federal holidays. When the lines are not staffed, individuals 
may leave a recorded voicemail message, or post a message at the OPS 
website. All messages will receive a response by the following business 
day. The telephone number for the OPS information line is (202) 366-
0918 and the OPS website can be accessed via the Internet at http://
www.dot.ops.gov.
    (2) RSPA's Office of the Chief Counsel (OCC) is available to answer 
questions concerning Federal pipeline safety law, 49 U.S.C. 60101 et 
seq. OCC may be contacted by telephone (202-366-4400) from 9:00 a.m. to 
4:00 p.m. Eastern time, Monday through Friday, except Federal holidays. 
Information and guidance concerning Federal pipeline safety law may 
also be obtained by contacting OCC via the Internet at http://rspa-
atty.dot.gov.
    (b) Availability of Written Interpretations. (1) A written 
regulatory interpretation, response to a question, or an opinion 
concerning a pipeline safety issue may be obtained by submitting a 
written request to the Office of Pipeline Safety (DPS-10), RSPA, U.S. 
Department of Transportation, 400 Seventh Street, SW., Washington, DC 
20590-0001. The requestor must include his or her return address and 
should also include a daytime telephone number.
    (2) A written interpretation regarding Federal pipeline safety law, 
49 U.S.C 60101 et seq., may be obtained from the Office of the Chief 
Counsel, RSPA, U.S. Department of Transportation, 400 Seventh Street, 
SW., Washington, DC

[[Page 24058]]

20590-0001. The requestor must include his or her return address and 
should also include a daytime telephone number.

    Issued in Washington, DC on April 18, 1997, under the authority 
delegated in 49 C.F.R. 1.53.
Kelley S. Coyner,
Deputy Administrator.
[FR Doc. 97-11436 Filed 5-1-97; 8:45 am]
BILLING CODE 4910-60-P