[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