[Federal Register Volume 66, Number 9 (Friday, January 12, 2001)]
[Proposed Rules]
[Pages 2870-2872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-993]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 174 and 177

[Docket No. RSPA-01-8587; Notice No. 01-02]


Regulatory Flexibility Act Section 610 and Plain Language Reviews

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

ACTION: Notice of regulatory review; request for comments.

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SUMMARY: RSPA requests comments on the economic impact of its 
regulations on small entities. As required by the Regulatory 
Flexibility Act and as published in DOT's Semi-Annual Regulatory 
Agenda, we are analyzing the rules on Carriage by Rail and Carriage by 
Public Highway to identify rules that may have a significant economic 
impact on a substantial number of small entities. We also request 
comments on ways to make these regulations easier to read and 
understand.

DATES: Comments must be received by April 12, 2001.

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. Identify the docket number RSPA-99-5143 at 
the beginning of your comments and submit two copies. If you want to 
receive confirmation of receipt of your comments, include a self-
addressed, stamped postcard. You can also submit comments by e-mail by 
accessing the Dockets Management System on the Internet at ``http://dms.dot.gov'' or by fax to (202) 366-3753.
    The Dockets Management System is located on the Plaza Level of the 
Nassif Building at the Department of Transportation at the above 
address. You can review public dockets there between the hours of 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. In 
addition, you can review comments by accessing the Dockets Management 
System at ``http://dms.dot.gov.''

FOR FURTHER INFORMATION CONTACT: Susan Gorsky, Office of Hazardous 
Materials Standards, Research and Special Programs Administration, U.S. 
Department of Transportation, telephone (202) 366-8553; or Donna 
O'Berry, Office of Chief Counsel, Research and Special Programs 
Administration, U.S. Department of Transportation, telephone (202) 366-
4400.

SUPPLEMENTARY INFORMATION:

I. Section 610 of the Regulatory Flexibility Act

A. Background and Purpose

    Section 610 of the Regulatory Flexibility Act of 1980 (Public Law 
96-354), as amended by the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), requires agencies to conduct 
periodic reviews of rules that have a significant economic impact on a 
substantial number of small business entities. The purpose of the 
review is to determine whether such rules should be continued without 
change, amended, or rescinded, consistent with the objectives of 
applicable statutes, to minimize any significant economic impact of the 
rules on a substantial number of such small entities.

B. Review Schedule

    The Department of Transportation (DOT) published its Semiannual 
Regulatory Agenda on November 30, 2000, listing in Appendix D (65 FR 
74138) those regulations that each operating administration will review 
under section 610 during the next 12 months. Appendix D also contains 
DOT's 10-year review plan for all of its existing regulations.
    The Research and Special Programs Administration (RSPA, we) has 
divided its Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) 
into 10 groups by subject area. Each group will be reviewed once every 
10 years, undergoing a two-stage process--an Analysis Year and Section 
610 Review Year. For purposes of these reviews, a year will coincide 
with the fall-to-fall publication schedule of the Semiannual Regulatory 
Agenda. Thus, Year 1 began in the fall of 1998 and ended in the fall of 
1999; Year 2 began in the fall of 1999 and ended in the fall of 2000; 
and so on.
    During the Analysis Year, we will analyze each of the rules in a 
given year's group to determine whether any rule has a significant 
impact on a substantial number of small entities and, thus, requires 
review in accordance with section 610 of the Regulatory Flexibility 
Act. In each fall's Regulatory Agenda, we will publish the results of 
the analyses we completed during the previous year. For rules that have 
a negative finding, we will provide a short explanation. For parts, 
subparts, or other discrete sections of rules that do have a 
significant impact on a substantial number of small entities, we will 
announce that we will be conducting a formal section 610 review during 
the following 12 months.
    The section 610 review will determine whether a specific rule 
should be revised or revoked to lessen its impact on small entities. We 
will consider: (1) the continued need for the rule; (2) the nature of 
complaints or comments received from the public; (3) the complexity of 
the rule; (4) the extent to which the rule overlaps, duplicates, or 
conflicts with other federal rules or with state or local government 
rules; and (5) the length of time since the rule has been evaluated or 
the degree to which technology, economic conditions, or other factors 
have changed in the area affected by the rule. At the end of the Review 
Year, we will publish the results of our review.
    The following table shows the 10-year analysis and review schedule:

                      RSPA Section 610 Review Plan
                               [1999-2009]
------------------------------------------------------------------------
                                                  Analysis
            Title                 Regulation        year     Review year
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Incident reports.............  Secs.  171.15           1998          N/A
                                and 171.16.
Hazmat safety procedures.....  Parts 106 and           1999          N/A
                                107.

[[Page 2871]]

 
General Information,           Part 171.......  ...........  ...........
 Regulations, and Definitions.
Carriage by Rail and Highway.  Parts 174 and           2000         2001
                                177.
Carriage by Vessel...........  Part 176.......         2001         2002
Radioactive Materials........  Parts 172, 173,         2002         2003
                                174, 175, 176,
                                178.
Explosives...................  Parts 172, 173,         2003         2004
                                174, 176, 178.
Cylinders....................  Parts 172, 173,  ...........  ...........
                                178, 180.
Shippers--General              Part 173.......         2004         2005
 Requirements for Shipments
 and Packagings.
Specifications for Non-bulk    Part 178.......         2005         2006
 Packagings.
Specifications for Bulk        Parts 178, 179,         2006         2007
 Packagings.                    180.
Hazardous Materials Table,     Part 172.......         2007         2008
 Special Provisions,
 Hazardous Materials
 Communications, Emergency
 Response Information, and
 Training Requirements.
Carriage by Aircraft.........  Part 175.......  ...........  ...........
------------------------------------------------------------------------

C. Regulations Under Analysis

    During Year 3 (2000-2001), the Analysis Year, we will conduct a 
preliminary assessment of the rules in 49 CFR Part 174, Carriage by 
Rail, and Part 177, Carriage by Public Highway.
    Part 174, Carriage by Rail, includes the following subparts:

------------------------------------------------------------------------
         Subpart                               Title
------------------------------------------------------------------------
Subpart A................  General Requirements.
Subpart B................  General Operating Requirements.
Subpart C................  General Handling and Loading Requirements.
Subpart D................  Handling of Placarded Rail Cars, Transport
                            Vehicles, and Freight Containers.
Subpart E................  Class 1 (Explosive) Materials.
Subpart F................  Detailed Requirements for Class 2 (Gases)
                            Materials.
Subpart G................  Detailed Requirements for Class 3 (Flammable
                            Liquid) Materials.
Subpart J................  Detailed Requirements for Division 6.1
                            (Poisonous) Materials.
Subpart K................  Detailed Requirements for Class 7
                            (Radioactive) Materials.
------------------------------------------------------------------------

    Part 177, Carriage by Public Highway, includes the following 
subparts:

------------------------------------------------------------------------
         Subpart                               Title
------------------------------------------------------------------------
Subpart A................  General Information and Regulations.
Subpart B................  Loading and Unloading.
Subpart C................  Segregation and Separation Chart of Hazardous
                            Materials.
Subpart D................  Vehicles and Shipments in Transit; Accidents.
Subpart E................  Regulations Applying to Hazardous Material on
                            Motor Vehicles Carrying Passengers for Hire.
------------------------------------------------------------------------

    We are seeking comments on whether any requirements in Parts 174 or 
177 have a significant impact on a substantial number of small 
entities. ``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations under 50,000. If your business or organization is a small 
entity and if any of the requirements in Parts 174 or 177 has a 
significant economic impact on your business or organization, please 
submit a comment explaining how and to what degree these rules affect 
you, the extent of the economic impact on your business or 
organization, and why you believe the economic impact is significant.

II. Plain Language

A. Background and Purpose

    The National Partnership for Reinventing Government (NPR) has 
recommended that the federal government develop a more customer-
oriented approach, particularly concerning government regulations and 
publications. The NPR recommendations suggest that agencies simplify 
and, as appropriate, rewrite rules and regulations in performance-
based, plain-language formats.
    Plain language helps readers find requirements quickly and 
understand them easily. Examples of plain language techniques include:
    (1) Undesignated center headings to cluster related sections within 
subparts.
    (2) Short words, sentences, paragraphs, and sections to speed up 
reading and enhance understanding.
    (3) Sections as questions and answers to provide focus.
    (4) Personal pronouns to reduce passive voice and draw readers into 
the writing.
    (5) Tables to display complex information in a simple, easy-to-read 
format.
    President Clinton issued an Executive Memorandum on June 1, 1998, 
calling for agencies to write documents using ``easy-to-read design 
features.'' To ensure the use of plain language, the President directed 
agencies to use plain language in all new documents, other than 
regulations, by October 1, 1998, and to use plain language in all

[[Page 2872]]

proposed and final rulemakings published in the Federal Register after 
January 1, 1999. The President also directed agencies to consider 
rewriting existing regulations in plain language when they have the 
opportunity and resources to do so. For an example of a rule drafted in 
plain language, you can refer to RSPA's notice of proposed rulemaking 
entitled ``Revised and Clarified Hazardous Materials Safety Rulemaking 
and Program Procedures,'' which was published December 11, 1998 (63 FR 
68624). This NPRM proposed to rewrite 49 CFR Part 106 and Subpart A of 
Part 107 in plain language and to create a new Part 105 that would 
contain definitions and general procedures. We are currently evaluating 
comments received in response to the NPRM.

B. Review Schedule

    In conjunction with our section 610 reviews, we will be performing 
plain language reviews of the HMR over a ten-year period on a schedule 
consistent with the section 610 review schedule. Thus, our review of 
Parts 174 and 177 will also include a plain language review to 
determine if the regulations can be reorganized and/or rewritten to 
make them easier to read, understand, and use. We are also considering 
a petition for rulemaking jointly filed by the Association of American 
Railroads and the American Trucking Associations (P-1355) proposing 
that we consolidate the requirements of Parts 174 and 177 into a new 
Part 174. The petition further proposes to delete certain requirements 
in Parts 174 and 177 that are obsolete, duplicative, or do not ``add to 
the safe transportation of hazardous materials.'' We encourage 
interested persons to submit draft regulatory language that clearly and 
simply communicates regulatory requirements, and other recommendations, 
such as for putting information in tables or consolidating regulatory 
requirements, that may make the regulations easier to use.

    Issued in Washington, D.C. on January 5, 2001, under authority 
delegated in 49 CFR Part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety, Research and 
Special Programs Administration.
[FR Doc. 01-993 Filed 1-11-01; 8:45 am]
BILLING CODE 4910-60-P