[Federal Register Volume 63, Number 209 (Thursday, October 29, 1998)]
[Rules and Regulations]
[Pages 57929-57930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28874]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 171

[Docket No. RSPA-98-4185 (HM-215C)]
RIN 2137-AD15


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 amends a requirement for the use of the 
International Civil Aviation Organization's Technical Instructions for 
the Safe Transport of Dangerous Goods by Air (ICAO Technical 
Instructions) and updates references in the Hazardous Materials 
Regulations (HMR) to include the most recent amendments to the 
International Maritime Dangerous Goods Code (IMDG Code) and the ICAO 
Technical Instructions. These amendments are necessary to facilitate 
the continued transport of hazardous materials in international 
commerce by vessel and aircraft at the time these international 
regulations become effective.

DATES: Effective date: January 1, 1999.
    Compliance date: Compliance with the regulation as amended in 
Sec. 171.11(d)(4)(ii) is authorized immediately.
    Incorporation by reference: The incorporation by reference of the 
publications listed in these amendments has been approved by the 
Director of the Federal Register effective January 1, 1999.

FOR FURTHER INFORMATION CONTACT: Bob Richard, Assistant International 
Standards Coordinator, telephone (202) 366-0656, or Joan McIntyre, 
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: On August 18, 1998, RSPA published a notice 
of proposed rulemaking (NPRM) under Docket HM-215C (63 FR 44312) which 
proposed changes to more fully align the HMR with the international 
regulations. Among the changes, RSPA proposed to amend the HMR to 
incorporate by reference the 1999-2000 ICAO Technical Instructions and 
Amendment 29 to the IMDG Code, and to make a shipping paper requirement 
notation permissive. RSPA received no adverse comments to these 
proposals. Therefore, these changes are adopted in this final rule.
    Section 171.11 of the HMR authorizes hazardous materials shipments 
to be prepared in accordance with the ICAO Technical Instructions and 
transported by aircraft, and by motor vehicle either before or after 
being transported by aircraft, subject to certain conditions and 
limitations. Similarly, Sec. 171.12 of the HMR authorizes hazardous 
materials shipments to be prepared in accordance with the IMDG Code if 
all or part of the transportation is by vessel, subject to certain 
conditions and limitations. Use of the latest versions of the ICAO 
Technical Instructions and the IMDG Code become mandatory for 
international hazardous materials shipments on January 1, 1999.
    This final rule also amends a shipping paper requirement for the 
use of the ICAO Technical Instructions. In Sec. 171.11(d)(4), as 
adopted under Docket HM-215B (FR 62 24700), published May 6, 1997, the 
letters ``ICAO'' were required to be included on shipping papers when 
being transported in accordance with the ICAO Technical

[[Page 57930]]

Instructions. The effective date of this requirement was October 1, 
1998. Several months after publication of the final rule, RSPA received 
numerous comments opposing the change as an unnecessary economic 
burden. In the NPRM, RSPA proposed to make the requirement permissive. 
RSPA is incorporating the change in this final rule to minimize 
disruption to persons transporting hazardous materials in accordance 
with the ICAO Technical Instructions.
    All other changes proposed to the HMR, under Docket HM-215C, will 
be addressed in a subsequent final rule.

Regulatory 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. This rule is not 
significant under the Regulatory Policies and Procedures of the 
Department of Transportation (44 FR 11034).
    The costs and benefits asociated with this final rule are 
considered to be so minimal as to not warrant preparation of a 
regulatory impact analysis or regulatory evaluation.

B. Executive Order 12612

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 12612 (``Federalism''). 
Federal law expressly preempts State, local, and Indian tribe 
requirements applicable to the transportation of hazardous material 
that cover certain subjects and are not substantively the same as the 
Federal requirements. 49 U.S.C. 5125(b)(1). These subjects are:
    (i) the designation, description, and classification of hazardous 
material;
    (ii) the packing, repacking, handling, labeling, marking, and 
placarding of hazardous material;
    (iii) the preparation, execution, and use of shipping documents 
pertaining to hazardous material and requirements respecting the 
number, content, and placement of those documents;
    (iv) the written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or
    (v) the design, manufacturing, fabrication, marking, maintenance, 
reconditioning, repairing, or testing of a package or container which 
is represented, marked, certified, or sold as qualified for use in the 
transportation of hazardous material.
    This final rule concerns the classification, packaging, marking, 
labeling, and handling of hazardous material, among other covered 
subjects.
    This final rule would preempt any State, local, or Indian tribe 
requirements concerning these subjects unless the non-Federal 
requirements are ``substantively the same'' (see 49 CFR 107.202(d)) as 
the Federal requirements.
    Federal law (49 U.S.C. 5125(b)(2)) provides that if DOT issues a 
regulation concerning any of the covered subjects after November 16, 
1990, DOT must determine and publish in the Federal Register the 
effective date of Federal preemption. That 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 October 1, 1999 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 updates two incorporations by reference and relaxes 
one shipping paper requirement. The changes in this rule apply to 
offerors and carriers of hazardous materials and facilitate 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 be 
relieved of the need to comply with a dual system of regulations. The 
costs and benefits associated with this final rule are considered to be 
so minimal as to not warrant preparation of a regulatory impact 
analysis or regulatory evaluation. Therefore, I certify that this will 
rule will not, if promulgated, have a significant economic impact on a 
substantial number of small entities.

D. Paperwork Reduction Act

    This final rule contains no new information collection burdens.

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.

F. Unfunded Mandates Reform Act

    This final rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$100 million or more to either State, local, or tribal governments, in 
the aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objective of the rule.

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 ``1997-1998 Edition'' is revised to read ``1999-2000 
Edition''.
    b. Under International Maritime Organization (IMO), for the entry 
``International Maritime Dangerous Goods (IMDG) Code'', the wording 
``Amendment 28 (1996)'' is revised to read ``Amendment 29 (1998)''.
    3. In Sec. 171.11, paragraph (d)(4)(ii) is revised to read as 
follows:


Sec. 171.11  Use of ICAO Technical Instructions.

* * * * *
    (d) * * *
    (4) * * *
    (ii) The shipping paper may include an indication that the shipment 
is being made under the provisions of this section or the letters 
``ICAO.''
* * * * *
    Issued in Washington, D.C. on October 22, 1998, under authority 
delegated in 49 CFR part 1.
Kelley S. Coyner,
Administrator.
[FR Doc. 98-28874 Filed 10-28-98; 8:45 am]
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