[Federal Register Volume 64, Number 39 (Monday, March 1, 1999)]
[Rules and Regulations]
[Pages 9923-9925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5093]


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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: Final rule.

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SUMMARY: This final rule extends 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. This amendment is necessary 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.

EFFECTIVE DATE: March 1, 1999.

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

[[Page 9924]]

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 final rule, RSPA extends the 
expiration date of certain provisions of the previous final 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 that 
expire on July 1, 1999.
    On January 12, 1999, for consistency with the work of the Committee 
and the expiration date of the final rule, RSPA published a notice of 
proposed rulemaking (NPRM) under Docket No. RSPA-98-4943 (64 FR 1789). 
This notice proposed 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 comment period ended on February 11, 1999, and no 
comments were received to the proposed change. Therefore, in this final 
rule, the expiration date is changed from March 1, 1999 to July 1, 1999 
for the continued production of specification MC 331 cargo tanks used 
in the transportation of propane, anhydrous ammonia and other liquefied 
compressed gases.

Regulatory Analyses 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 
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 rule. 
However, a final regulatory evaluation was prepared in support of the 
December 10, 1997 final rule. The final regulatory evaluation is 
available for review in that public docket.

Executive Order 12612

    This 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.
    This final rule concerns the manufacturing of a container used in 
the transportation of a hazardous material.
    This final rule would preempt any State, local, or Indian tribe 
requirements concerning the above mentioned subjects unless the non-
Federal requirements are ``substantively the same'' (see 49 CFR 
107.202(d)) as the Federal requirements.
    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. 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 1, 1999 under this document. RSPA has determined that this rule 
does not have sufficient Federalism impacts to warrant the preparation 
of a federalism assessment.

Executive Order 13084

    This rule 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.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), RSPA 
must consider whether a rule would have a significant economic impact 
on a substantial number of small entities. This rule extends the 
expiration date of the current rule from March 1, 1999 to July 1, 1999. 
Therefore, I certify that this 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 rule 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 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.

[[Page 9925]]

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 rule does not impose business process changes or require 
modifications to computer systems. Because this rule does not affect 
organizations' ability to respond to the Year 2000 problem, we do not 
intend to delay the effectiveness of the requirements in this rule.

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 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. 171.5  [Amended]

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

    Issued in Washington, DC, on February 24, 1999, under authority 
delegated in 49 CFR Part 1.
Kelley S. Coyner,
Administrator.
[FR Doc. 99-5093 Filed 2-26-99; 8:45 am]
BILLING CODE 4910-60-P