[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