[Federal Register Volume 64, Number 185 (Friday, September 24, 1999)]
[Rules and Regulations]
[Pages 51719-51720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24752]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Part 171
[RSPA-99-6195 (Docket No. HM-206D)]
RIN 2137-AD37
Hazardous Materials: Limited Extension of Requirements for
Labeling Materials Poisonous by Inhalation (PIH); Corrections
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Interim final rule; corrections.
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SUMMARY: On September 16, 1999, RSPA published an interim final rule
which provided a limited exception, until October 1, 2001, from
requirements to place the new POISON INHALATION HAZARD or POISON GAS
labels on packages that are intended for transportation in
international commerce. The exception applies only to Division 2.3
materials and Division 6.1 liquids in Hazard Zone A or B that are
loaded into a freight container or closed transport vehicle that is
placarded and marked with the identification number, as currently
required for those materials. This final rule corrects an inadvertent
error in the section on Canadian shipments and packagings which, as
published, would only provide relief for shipments of PIH materials
transported from Canada.
As modified in this correction, the September 16, 1999 interim
final rule is revised to provide for the transportation of packages
containing PIH materials between the U.S. and Canada in conformance
with the TDG labeling requirements.
DATES: Effective Dates: This final rule correction is effective on
October 1, 1999. The effective date of the interim final rule remains
October 1, 1999.
Comment Date: Comments must be received by November 15, 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. Comments may also be submitted to the
docket electronically by logging onto the Dockets Management System
website at http://dms.dot.gov. See September 16 interim final rule for
further instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Helen L. Engrum, Office of Hazardous
Materials Standards, (202) 366-8553, Research and Special Programs
Administration, U.S. Department of Transportation, 400 Seventh Street,
SW, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION: On September 16, 1999, RSPA published an
interim final rule providing a limited exception, until October 1,
2001, from requirements to place the new POISON INHALATION HAZARD or
POISON GAS labels on packages containing PIH materials when transported
in international commerce in accordance with the requirements
prescribed in 49 CFR 171.12 or 49 CFR 171.12a. (64 FR 50260). In the
preamble, RSPA stated that the exception would provide for the
transportation of PIH materials to and from Canada. RSPA inadvertently
did not include a necessary change to 49 CFR 171.12a(a) to provide for
shipments transported from the U.S. to Canada. That section is amended
to correct the error. In addition, 49 CFR 171.12a(b)(5)(iv), as added
at 64 FR 50263, is amended to clarify that packages of PIH materials
from or to the U.S. may be transported using this exception.
Regulatory Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This interim final rule is not a significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget. A regulatory
evaluation prepared for the January 8, 1997 final rule is available in
the Docket (HM-206). Implementation of this labeling exception for PIH
materials provided by this rulemaking should not result in any
additional costs. Any savings associated with avoiding delay or
frustration of shipments is considered so minimal as to not warrant
revision of the regulatory evaluation.
B. Executive Order 12612
The final rule has been analyzed in accordance with the principles
and criteria in Executive Order 12612 (``Federalism''). Federal
hazardous materials transportation law, 49 U.S.C. 5101-5127 contains
express preemption provisions at 49 U.S.C. 5125 and expressly preempts
State, local, and Indian tribe requirements applicable to the
transportation of hazardous materials that cover certain subjects and
are not substantively the same as Federal requirements. These subjects
are:
[[Page 51720]]
(A) The designation, description, and classification of hazardous
material.
(B) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials.
(C) The preparation, execution, and use of shipping documents
related to hazardous material and requirements respecting the number,
content, and placement of those documents.
(D) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material.
(E) The design, manufacturing, fabricating, marking, maintenance,
reconditioning, repairing, or testing of a package or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This final rule preempts 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. RSPA lacks discretion in this area, and preparation of a
federalism assessment is not warranted.
Federal law 49 U.S.C. 5125(b)(2) provides 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
December 15, 1999.
C. Executive Order 13084
RSPA believes this change will not significantly or uniquely affect
the communities of Indian tribal governments under the principles and
criteria contained in Executive Order 13084 (``Consultation and
Coordination with Indian Tribal Governments''). Therefore, the funding
and consultation requirements of this Executive Order would not apply.
D. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), RSPA
must consider whether this interim final rule would have a significant
economic impact on a substantial number of small entities. This rule
provides limited relief to certain shippers and carriers of materials
poisonous by inhalation and will have no significant economic impacts.
I certify that this final rule will not have a significant economic
impact on a substantial number of small entities.
E. 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 contain any new information
collection requirements.
F. Regulation Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier
number (RIN) 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. You may
use the RIN contained in the heading of this document to cross-
reference this action with the Unified Agenda.
G. 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 objectives of the rule.
H. 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, 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. RSPA does 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 final rule does not contain business process changes and does
not require modifications to computer systems for computer generated
labels. The rule does not affect organizations' ability to respond to
the Year 2000 problem and provides some relief to the international
regulated community, until October 1, 2001, when mandatory compliance
with the new PIH labeling is required.
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. 171.12a [Amended]
2. In Sec. 171.12a(a), the second sentence is amended by removing
the phrase ``The provisions'' and adding the phrase ``Except as
provided in paragraph (b)(5)(iv) of this section, the provisions'' in
its place.
3. In Sec. 171.12a(b)(5)(iv), as added at 64 FR 50263, remove the
phrase ``the package may be'' and add the phrase ``the package may be
transported to or from the U.S. while'' in its place.
Issued in Washington, DC, on September 17, 1999, under the
authority delegated in 49 CFR part 1.
Stephen D. Van Beek,
Deputy Administrator.
[FR Doc. 99-24752 Filed 9-23-99; 8:45 am]
BILLING CODE 4910-60-U