[Federal Register Volume 64, Number 217 (Wednesday, November 10, 1999)]
[Rules and Regulations]
[Pages 61219-61220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29141]



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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171 and 172

[Docket No. RSPA-99-6212 (HM-189P)]
RIN 2137-AD38


Hazardous Materials Regulations: Editorial Corrections and 
Clarifications; Correction

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

ACTION: Correcting amendments.

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SUMMARY: This document contains corrections to the final rule [RSPA-99-
6212 (HM-189P)], which was published in the Federal Register on Monday, 
September 27, 1999. That final rule amended the Hazardous Materials 
Regulations (HMR) to correct editorial errors, make minor regulatory 
changes and, in response to requests for clarification, improve the 
clarity of certain provisions in the HMR.

EFFECTIVE DATE: October 1, 1999.

FOR FURTHER INFORMATION CONTACT: Michael G. Stevens, 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:

Background

    On September 27, 1999, RSPA published a final rule under Docket HM-
189P (64 FR 51912) to correct editorial errors, make minor regulatory 
changes and, in response to request for clarification, improve the 
clarity of certain provisions in the HMR. This amendment makes minor 
corrections to the September 27 final rule, which was effective October 
1, 1999.
    Because the amendments do not impose new requirements, notice and 
public procedure are unnecessary. The following is a summarization of 
the corrections made under this final rule.

Summary of Changes

Part 171

Section 171.6
    In paragraph (b)(2), in the table of OMB control numbers, two 
subsection references in the third column are revised to correct a 
printing error.

Part 172

Section 172.101
    In the entry ``Organic peroxide type C, liquid,'' UN3103, in column 
(1), the letter ``G'' was omitted inadvertently. The letter ``G'' in 
column (1) of the Hazardous Materials Table identifies proper shipping 
names for which one or more technical names of the hazardous material 
must be entered in parentheses in association with the basic 
description. This change was recently adopted in a final rule published 
March 5, 1999 (Docket HM-215C; 64 FR 10742).
    In the entry ``Dichlorofluoromethane or refrigerant gas R21'', the 
word ``refrigerant'' is corrected to read ``Refrigerant'.
    In the entry ``Sulfur'', 4.1 UN1350, in column (6), the ``9'' label 
code is corrected to read ``4.1''. This revision aligns the label entry 
with the corresponding hazard class of the material.

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 
subject to review by the Office of Management and Budget. This rule is 
not significant according to the Regulatory Policies and Procedures of 
the Department of Transportation (44 FR 11034). Because of the minimal 
economic impact of this rule, preparation of a regulatory impact 
analysis or a regulatory evaluation is not warranted.

B. Executive Order 12612

    This final rule has been analyzed in accordance with the principles 
and criteria in Executive Order 12612 (``Federalism''). Federal 
hazardous material transportation law, (49 U.S.C. 5101-5127) contains 
express preemption provisions at 49 U.S.C. 5125.
    RSPA is not aware of any State, local, or Indian tribe requirements 
that would be preempted by correcting editorial errors and making minor 
regulatory changes. This final rule does not have sufficient federalism 
impacts to warrant the preparation of a federalism assessment.

C. Executive Order 13084

    This rule has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13084 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this rule would 
not significantly or uniquely affect the communities of the Indian 
tribal governments, the funding and consultation requirements of this 
Executive Order do not apply.

D. Regulatory Flexibility Act

    I certify that this final rule will not have a significant economic 
impact on a substantial number of small entities. This rule makes minor 
editorial changes which will not impose any new requirements on persons 
subject to the HMR; thus, there are no direct or indirect adverse 
economic impacts for small units of government, businesses or other 
organizations.

E. Unfunded Mandates Reform Act of 1995

    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.

F. Impact on Business Processes and Computer Systems (Year 2000)

    Many computers that use two digits to keep track of dates may, on 
January 1, 2000, recognize ``double zero'' not as 2000 but as 1900. 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 final rule does not impose business process changes or require 
modification to computer systems. Because the final 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 the 
final rule.

G. Paperwork Reduction Act

    There are no new information collection requirements in this final 
rule.

H. 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

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to cross-reference this action with the Unified Agenda.

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Reporting and recordkeeping requirements.

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste, 
Labeling, Markings, Packaging and containers, Reporting and 
recordkeeping requirements.

    Accordingly, 49 CFR parts 171 and 172 are corrected by making the 
following correcting amendments:

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. 171.6  [Corrected]

    2. In Sec. 171.6, in the paragraph (b)(2) table, for the entry 
``2137-0557,'' in column 3 under ``Title 49 CFR part or section where 
identified and described'', ``173.124(a)(1)(iii)(b), (a)(2)(iii)(d)'' 
is removed and ``173.124(a)(1)(iii)(B), (a)(2)(iii)(D)'' is added in 
its place.

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND 
TRAINING REQUIREMENTS

    3. The authority citation for part 172 continues to read as 
follows:

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


Sec. 172.101  [Corrected]

    4. In Sec. 172.101, in the Hazardous Materials Table, the following 
amendments are made:
    a. In Column (1), for the entry ``Organic peroxide type C, liquid, 
5.2, UN3103'', the letter ``G'' is added.
    b. In column (2), the entry ``Dichlorofluoromethane or refrigerant 
gas R21'' is amended by revising the word ``refrigerant'' to read 
``Refrigerant''.
    c. In Column (6), for the entry ``Sulfur, 4.1, UN1350'', the label 
code ``9'' is removed and ``4.1'' is added in its place.

    Issued in Washington, DC, on November 2, 1999, under authority 
delegated in 49 CFR part 1.
Stephen D. Van Beek,
Deputy Administrator.
[FR Doc. 99-29141 Filed 11-9-99; 8:45 am]
BILLING CODE 4910-60-P