[Federal Register Volume 64, Number 7 (Tuesday, January 12, 1999)]
[Proposed Rules]
[Pages 1789-1791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-623]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 171

[Docket No. RSPA-98-4943 (HM-225B)]
RIN 2137-AD31


Hazardous Materials: Authorization for the Continued Manufacture 
of Certain MC 331 Cargo Tanks

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

ACTION: Notice of Proposed Rulemaking (NPRM).

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SUMMARY: This notice proposes to extend from March 1, 1999 to July 1, 
1999, the period for continued manufacture of MC 331 cargo tanks 
without certification and demonstrated performance of the emergency 
discharge control system. The intent of this NPRM is to provide for the 
uninterrupted production of specification MC 331 cargo tanks used in 
the transportation of propane, anhydrous ammonia and other liquefied 
compressed gases.

DATES: Comments must be received on or before February 11, 1999.

ADDRESSES: Address written comments to the Dockets Management System, 
U.S. Department of Transportation, Room PL-401, 400 Seventh Street, SW, 
Washington, DC 20590-0001. Identify the docket number RSPA-98-4943 at 
the beginning of the comments and submit two copies. If you want to 
receive confirmation of receipt of your comments, include a self-
addressed, stamped postcard. Comments also may be submitted by e-mail 
to [email protected].
    Dockets Management System is located on the Plaza Level of the 
Nassif Building at the Department of Transportation at the above 
address. You can review public dockets there between the hours of 9:00 
a.m. and 5:00 p.m., Monday through Friday, except

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Federal holidays. In addition, you can review comments by accessing the 
docket management system through the DOT home page (http://
dms.dot.gov).

FOR FURTHER INFORMATION CONTACT: Jennifer Karim or Susan Gorsky, Office 
of Hazardous Materials Standards, Research and Special Programs 
Administration (202) 366-8553.

SUPPLEMENTARY INFORMATION: On February 19, 1997, under Docket No. RSPA-
97-2133 (HM-225) (62 FR 7638), the Research and Special Programs 
Administration (RSPA, ``we'') issued an emergency interim final rule to 
specify the conditions under which MC 330 and MC 331 cargo tank motor 
vehicles could continue to operate while RSPA and the industry 
addressed operational problems related to the cargo tank emergency 
discharge control system. A final rule extending and revising the 
provisions of the emergency interim final rule was issued on August 18, 
1997 (62 FR 44038). The August 18 final rule included a provision 
permitting continued manufacture of MC 331 cargo tanks without 
certification and demonstrated performance of the emergency discharge 
control system until March 1, 1999.
    We issued a final rule responding to petitions for reconsideration 
and clarifying certain provisions of the August 18 final rule on 
December 10, 1997 (62 FR 65187). In this rule, RSPA extended the 
expiration date of certain provisions of the rule from March 1, 1999 to 
July 1, 1999. This change was based on a request from Farmland 
Industries, Inc. and The Fertilizer Institute asking that the agency 
allow a four-month extension of the expiration date to July 1, 1999, to 
avoid expiration of the requirements at the beginning of the fertilizer 
industry's peak delivery season.
    A provision in the August 18, 1997 final rule permits, until March 
1, 1999, a new cargo tank motor vehicle to be marked and certified as 
conforming to specification MC 331 without certification and 
demonstrated performance of the emergency discharge control system. 
RSPA did not change the date for this provision in the December 10, 
1997 final rule because it was not requested by petitioners and we did 
not anticipate a need to extend the date at that time. RSPA has 
subsequently established a negotiated rulemaking committee (the 
Committee) which is developing alternative safety standards for 
unloading liquefied compressed gases to replace those standards which 
expire on July 1, 1999. The work of the Committee is expected to extend 
beyond March 1, 1999. Therefore, we believe there is a need to extend 
the March 1, 1999 date until July 1, 1999, consistent with the 
expiration of the final rule, and are proposing to extend the date in 
this document. During its December 1-2, 1998 meeting, the Committee 
agreed that we should propose this change.

Regulatory Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is not considered a significant regulatory 
action under section 3(f) of Executive Order 12866 and was not reviewed 
by the Office of Management and Budget. The rule is not considered 
significant under the regulatory policies and procedures of the 
Department of Transportation (44 FR 11034).
    RSPA did not prepare a regulatory evaluation for this NPRM 
addressing the issue of extending the expiration date of the rule. 
However, a final regulatory evaluation was prepared in support of the 
final rule published on December 10, 1997. The final regulatory 
evaluation is available for review in that public docket.

Executive Order 12612

    This proposed rule has been analyzed according to the principles 
and criteria contained in Executive Order 12612 (``Federalism''). The 
Federal hazardous materials transportation law (49 U.S.C. 5101--5127) 
contains an express preemption provision that preempts State, local, 
and Indian tribe requirements on certain covered subjects. Covered 
subjects are:
    (A) The designation, description, and classification of hazardous 
materials;
    (B) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (C) The preparation, execution, and use of shipping documents 
pertaining to hazardous materials and requirements relating to the 
number, content, and placement of such documents;
    (D) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous materials; or
    (E) 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 materials.
    Title 49 U.S.C. 5125(b)(2) provides that 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 solicits comments on whether the 
proposed rule would have any effect on State, local or Indian tribe 
requirements and, if so, the most appropriate effective date of Federal 
preemption. We have determined that this proposed rule does not have 
sufficient Federalism impacts to warrant the preparation of a 
federalism assessment.

Executive Order 13084

    The revised regulation evolving from this NPRM will not 
significantly or uniquely affect the communities of Indian tribal 
governments when analyzed under the principles and criteria contained 
in Executive Order (``Consultation and Coordination with Indian Tribal 
Government''). Therefore, the funding and consultation requirements of 
this Executive Order would not apply. Nevertheless, this NPRM 
specifically requests comments from affected persons, including Indian 
tribal governments, as to its potential impact.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), RSPA 
must consider whether a notice of proposed rulemaking would have a 
significant economic impact on a substantial number of small entities. 
This rule proposes only to extend the expiration date of the current 
rule from March 1, 1999 to July 1, 1999. Therefore, I certify that this 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.

Paperwork Reduction Act

    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. This NPRM does not propose any new information 
collection requirements.

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.

Unfunded Mandates Reform Act

    This proposed rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of

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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.

Impact on Business Processes and Computer Systems

    Many computers that use two digits to keep track of dates will, on 
January 1, 2000, recognize ``double zero'' not as 2000 but as 1900. 
This glitch, the Year 2000 problem, could cause computers to stop 
running or to start generating erroneous data. The Year 2000 problem 
poses a threat to the global economy in which Americans live and work. 
With the help of the President's Council on Year 2000 Conversion, 
Federal agencies are reaching out to increase awareness of the problem 
and to offer support. We do not want to impose new requirements that 
would mandate business process changes when the resources necessary to 
implement those requirements would otherwise be applied to the Year 
2000 problem.
    This NPRM does not impose business process changes or require 
modifications to computer systems. Because this NPRM does not affect 
organizations' ability to respond to the Year 2000 problem, we do not 
intend to delay the effectiveness of the proposed requirements in this 
NPRM.

List of Subjects in 49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Reporting and recordkeeping requirements.
    In consideration of the foregoing, 49 CFR Part 171 would be amended 
as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

    1. The authority citation for Part 171 would continue to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.


Sec. 171.5  [Amended]

    2. In Sec. 171.5, in paragraph (a)(3), the date ``March 1, 1999'' 
would be revised to read ``July 1, 1999''.

    Issued in Washington, DC, on January 6, 1999, under authority 
delegated in 49 CFR part 106.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 99-623 Filed 1-11-99; 8:45 am]
BILLING CODE: 4910-60-P