[Federal Register Volume 66, Number 163 (Wednesday, August 22, 2001)]
[Rules and Regulations]
[Pages 44252-44256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21002]



[[Page 44251]]

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Part III





Department of Transportation





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Research and Special Programs Administration



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49 CFR Parts 171 and 172



Hazardous Materials: Exceptions From Labeling and Placarding Materials 
Poisonous by Inhalation (PIH); Final Rule

  Federal Register / Vol. 66, No. 163 / Wednesday, August 22, 2001 / 
Rules and Regulations  

[[Page 44252]]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171 and 172

[RSPA-99-6195 (Docket No. HM-206D)]
RIN 2137-AD37


Hazardous Materials: Exceptions From Labeling and Placarding 
Materials Poisonous by Inhalation (PIH)

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

ACTION: Final rule.

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SUMMARY: In an interim final rule published on September 16, 1999, and 
amended on September 24, 1999, RSPA provided a limited exception, until 
October 1, 2001, from requirements to place new POISON INHALATION 
HAZARD or POISON GAS labels on packages of PIH materials to facilitate 
international transportation. This final rule responds to two comments 
received on the interim final rule, extends the provisions of the 
interim final rule, and provides additional exceptions from 
requirements to place new POISON INHALATION HAZARD or POISON GAS labels 
and placards on certain packages and transport vehicles in 
international transportation.

DATES: This final rule is effective on October 1, 2001. However, 
compliance with the regulations is authorized immediately.

FOR FURTHER INFORMATION CONTACT: Helen L. Engrum, Office of Hazardous 
Materials Standards, Research and Special Programs Administration, U.S. 
Department of Transportation, 400 Seventh Street, SW., Washington, DC 
20590-0001, (202) 366-8553.

SUPPLEMENTARY INFORMATION:

I. Background

    On January 8, 1997, the Research and Special Programs 
Administration (RSPA, we) published a final rule in the Federal 
Register (62 FR 1217) under Docket HM-206 amending the hazard 
communication requirements in the Hazardous Materials Regulations (HMR; 
49 CFR parts 171-180) to enhance the identification of hazardous 
materials transported in commerce. Provisions of the final rule 
included two new placards and two new labels for materials poisonous 
(toxic) by inhalation (PIH), one label and placard for Division 2.3 
gases, and one label and placard for Division 6.1 liquids. We issued 
the final rule in response to Section 25 of the Hazardous Materials 
Transportation Uniform Safety Act of 1990 (Public Law 101-615), which 
required the Secretary of Transportation to initiate a rulemaking to 
determine methods to improve hazard communication, including the 
existing system of placarding vehicles transporting hazardous 
materials. We amended the final rule on July 22, 1997 (62 FR 39398) and 
on April 1, 1998 (63 FR 16070), to make editorial corrections and 
technical amendments and to respond to petitions for reconsideration 
and an appeal under 49 CFR 106.38. The rule became effective October 1, 
1998 and specified the following mandatory compliance dates: October 
1,1999 for use of the new PIH labels and October 1, 2001 for use of the 
new PIH placards.
    The United Nations Committee of Experts on the Transport of 
Dangerous Goods has not yet endorsed adoption of the PIH labels and 
placards. Further, neither the International Maritime Dangerous Goods 
Code (IMDG Code) nor the Canadian Transport of Dangerous Goods 
Regulations (TDGR) incorporate the PIH labels and placards. Therefore, 
to facilitate international transportation of PIH materials, we 
published an interim final rule (IFR) on September 16, 1999 (64 FR 
50260) to provide a limited exception until October 1, 2001, from the 
requirement to display PIH labels on packages. The exception permits 
non-bulk packages of PIH materials in a closed transport vehicle or 
freight container to be labeled in accordance with the IMDG Code or 
with the TDGR provided the transport vehicle or freight container is 
placarded and marked with the identification number for the PIH 
material in accordance with requirements in the HMR. This exception was 
intended to facilitate international transportation of PIH materials 
when transported by vessel under the provisions of the IMDG Code or by 
motor vehicle or rail car to or from Canada. We issued the IFR to 
minimize delays and frustrated shipments based on concern that 
shipments of PIH materials could encounter some difficulty, 
particularly in certain foreign ports.
    On September 24, 1999 (64 FR 51719), the IFR was amended to correct 
an inadvertent error in Sec. 171.12a regarding Canadian shipments of 
PIH materials. The September 24, 1999 corrections provided for the 
transportation of packages containing PIH materials between the United 
States and Canada in conformance with the labeling requirements in the 
TDGR.
    Because the new PIH labels would otherwise have been required on 
October 1, 1999, it was not feasible for us to publish an NPRM 
proposing the limited exception and receive comments before issuing the 
IFR, or to provide at least 30 days before the effective date of the 
IFR. Delay in issuing the IFR would have potentially frustrated the 
shipment of these high hazard materials by vessel, or by motor vehicle 
or rail car to or from Canada. However, we encouraged interested 
parties to participate in this rulemaking by submitting comments on the 
IFR. We received two comments--from the Hazardous Materials Advisory 
Council (HMAC) and Elf Atochem North America, Inc. (Elf Atochem).
    In response to the two comments and to facilitate international 
transportation of PIH materials, in this final rule we are providing 
the following provisions and exceptions for international shipments: 
(1) An exception from PIH labeling requirements for certain non-bulk 
and bulk packagings in closed transport vehicles or freight containers 
transported by vessel or by motor vehicle or rail car to or from 
Canada; (2) an exception from PIH labeling requirements for certain 
non-bulk and bulk packagings in closed transport vehicles or freight 
containers transported by vessel or by motor vehicle or rail car to or 
from Mexico; and (3) an exception from PIH placarding requirements on a 
transport vehicle or freight container carrying PIH materials within a 
single port area. PIH placards are required on a packaging, transport 
vehicle, or freight container carrying PIH materials in the United 
States.

II. Provisions in This Final Rule

A. Extension of Exceptions From PIH Labeling and Placarding 
Requirements

    We adopted the new PIH labeling and placarding requirements because 
of the extreme risks associated with transportation of PIH materials 
and our belief that the old POISON and POISON GAS labels and placards 
are not adequate to communicate the inhalation hazard of these 
materials. We are continuing to work for international recognition of 
the PIH labels and placards. However, the United Nations Committee of 
Experts on the Transport of Dangerous Goods has not yet adopted the PIH 
labels and placards nor are they permitted under the IMDG Code and the 
TDGR. We continue to believe that the PIH labels and placards 
facilitate rapid and accurate identification of these extremely toxic 
materials by emergency responders and transportation workers and, thus, 
enhance the safe transportation of these materials.
    However, in the absence of similar labeling and placarding 
provisions in the UN Recommendations and other

[[Page 44253]]

international standards based on those recommendations, the potential 
for delayed or frustrated international shipments, due to confusion 
over labeling and placarding differences or the need to remove and 
replace labels, will exist on October 1, 2001. On September 30, 1999, 
the limited exception from PIH labeling of international shipments 
provided by the September 16, 1999 IFR expires, and mandatory 
compliance for use of the PIH placard takes effect.
    We are issuing this final rule to provide additional labeling and 
placarding exceptions for certain shipments of PIH materials to 
facilitate international transportation of these materials until such 
time as the United Nations Committee of Experts on the Transport of 
Dangerous Goods amends the UN Recommendations to either adopt or permit 
the use of the U.S. PIH labels and placards. The exceptions apply to 
shipments of PIH materials transported under the provisions of the IMDG 
Code and the TDGR.
    In its comments on the September 1999 IFR, Elf Atochem requests an 
expansion of the limited PIH labeling exception for international 
shipments to the import or export of small bulk packages in open 
freight containers. Elf Atochem states that the IFR fails to provide a 
similar exception for ``small bulk'' packages that are permitted to be 
labeled rather than placarded under 49 CFR 172.514(c) and 7.2.2.1 of 
the IMDG Code. Elf Atochem states that these small bulk packages will 
be subject to the same possibility of errors and mishandling in port 
areas, and that transportation workers will have the same potential 
increased exposure if they have to handle and re-label these packages 
in the port area. Therefore, Elf Atochem requests that the exception 
provided for non-bulk packages in the September 16, 1999 IFR be 
extended to include those small bulk packages that may be transported 
in an open vehicle or freight container that are imported or exported 
by vessel, and that are permitted or required to be labeled.
    In this final rule, we are amending Secs. 171.12 and 171.12a to 
permit a package containing a PIH material to be labeled or placarded 
with a label or placard that conforms to the IMDG Code or TDG 
regulatory hazard communication specifications for ``Class 6.1'' or 
``Class 2.3'' labels and placards, as appropriate, if transported in a 
closed transport vehicle or freight container marked with 
identification numbers appropriate for the material and placarded as 
required under the HMR. We agree with Elf Atochem that small bulk 
packages should be included in this exception. Therefore, this 
exception applies to both non-bulk and bulk packages transported in 
closed transport vehicles or freight containers. We do not agree that 
the PIH labeling exception should be expanded to packages in open 
vehicles or freight containers. Offerors and transporters of PIH 
materials should be aware that the PIH labeling exception applies to 
PIH materials shipped in domestic or international transportation in 
accordance with the IMDG Code.
    We recognize that there are a limited number of materials for which 
the HMR identify a material as a PIH with a Division 6.1 primary or 
subsidiary hazard where the UN Recommendations, IMDG Code, and TDGR do 
not indicate such a primary or subsidiary hazard (e.g., Trichloroacetyl 
chloride, UN 2442). Packages of such materials shipped in closed 
transport vehicles or freight containers under the provisions of the UN 
Recommendations, IMDG Code, or TDGR in accordance with the exception 
provided in this final rule must be labeled or placarded to indicate 
the subsidiary PIH hazard. To indicate the subsidiary hazard, offerors 
may use labels or placards that conform to the UN Recommendations, IMDG 
Code, or TDGR requirements for ``Class 6.1'' or ``Class 2.3'' 
materials, as appropriate.

B. Shipments to or From Mexico

    In comments on the September 1999 IFR, HMAC requested a delay in 
implementation of the PIH labeling requirements for shipments to or 
from Mexico. The September 16, 1999 IFR does not address shipments 
between the United States and Mexico. A number of HMAC's members who 
transport PIH materials to Mexico are concerned about the difficulties 
they could encounter as a result of this omission.
    HMAC states that it recognizes that including an exception of this 
nature in the HMR is not as straightforward as those for shipments by 
vessel and shipments to and from Canada. However, it considers such an 
exception equally necessary and requests that we delay implementation 
of the PIH labeling requirements until such time that an appropriate 
means of including an exception for shipments to or from Mexico can be 
found.
    We agree with HMAC that shipments of PIH materials to or from 
Mexico should be permitted to take advantage of the labeling exceptions 
allowed for other international shipments. Thus, we are adding a new 
paragraph (e) to Sec. 171.12 to permit a material poisonous by 
inhalation transported in a closed transport vehicle or freight 
container by highway or rail from Mexico to the United States or from 
the United States to Mexico to be labeled or placarded with a label or 
placard that conforms to the UN Recommendations on the Transport of 
Dangerous Goods specifications for a ``Division 2.3'' or ``Division 
6.1'' label or placard in place of a POISON GAS or POISON INHALATION 
HAZARD label or placard. The transport vehicle or freight container 
must be marked with identification numbers for the materials in any 
quantity and placarded as required by subpart F of the HMR.

C. Placarding Exception in Port Areas

    In this final rule, we are also providing a limited exception from 
PIH placarding requirements applicable to transport vehicles and 
freight containers. A transport vehicle or freight container used to 
transport packages of PIH materials in international transportation may 
be placarded with placards that conform to IMDG Code for ``Class 6.1'' 
or ``Class 2.3'' materials, as appropriate, instead of the new PIH 
placards, when transported within a single port area (including 
contiguous harbor) and when marked with appropriate identification 
numbers. For highway or rail transportation to or from the port area 
within the United States, the transport vehicle or freight container 
must display the appropriate PIH placard.

D. Additional Revisions

    In this final rule, we are revising Secs. 171.12(b)(8) and 
171.12a(b)(5) for clarity. In addition, we are revising Secs. 172.400a, 
172.407(f) and 172.519(f) to make the current labeling and placarding 
exceptions consistent with the PIH labeling and placarding exceptions 
in this final rule.

III. Transitional Provisions

    In the final rule issued under Docket HM-206, we included 
transitional provisions for continued use of the old POISON or POISON 
GAS placards until October 1, 2001. These transitional provisions 
remain in effect. Therefore, for materials poisonous by inhalation 
offered for transportation or transported by all modes of 
transportation, until October 1, 2001, placards may be used that 
conform to specifications for placards: (1) In effect on September 30, 
1991; (2) specified in the December 21, 1990 final rule for highway 
transportation only; or specified in the July 22, 1997 final rule.

[[Page 44254]]

IV. 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 
reviewed by the Office of Management and Budget. A regulatory 
evaluation prepared for the January 8, 1997 final rule is available and 
has been placed in the docket for this rulemaking. The possible savings 
associated with avoiding delay or frustration of shipments are 
considered so minimal as to not warrant revision of the regulatory 
evaluation. This rule is not significant under the Regulatory Policies 
and Procedures of the Department of Transportation (44 FR 11034).

B. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
final rule preempts state, local, and Indian tribe requirements but 
does not propose any regulation that has substantial direct effects on 
the states, the relationship between the national government and the 
states, or the distribution of power and responsibilities among the 
various levels of government. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.
    Federal hazardous materials transportation law, 49 U.S.C. 5101-
5127, contains an express preemption provision (49 U.S.C. 5125(b)) that 
preempts state, local, and Indian tribe requirements on certain covered 
subjects. Covered subjects are:
    (1) The designation, description, and classification of hazardous 
materials;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous materials and requirements related to the number, 
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or
    (5) The design, manufacture, fabrication, marking, maintenance, 
recondition, repair, or testing of a packaging or container 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous material.
    This final rule addresses covered subject item 2 above and preempts 
state, local, and Indian tribe requirements not meeting the 
``substantively the same'' standard. This final rule is necessary to 
assure an acceptable level of safety for the transportation of PIH 
materials and to facilitate international transportation of these 
materials.
    Federal hazardous materials transportation law provides at section 
5125(b)(2) 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 be 90 
days from publication of this final rule in the Federal Register.

C. Executive Order 13175

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
does not significantly or uniquely affect the communities of the Indian 
tribal governments and does not impose substantial direct compliance 
costs, the funding and consultation requirements of Executive Order 
13175 do not apply.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), requires an 
agency to review regulations to assess their impact on small entities 
unless the agency determinates that a rule is not expected to have a 
significant impact on a substantial number of small entities. This 
final rule provides relief to certain small entities by excepting 
certain international shipments of PIH materials from labeling and 
placarding requirements that differ from international requirements. 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 final 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.

H. Environmental Assessment

    This final rule provides a limited exception from PIH labeling and 
placarding requirements for certain shipments offered for or 
transported in international commerce. The limited exception will not 
affect emergency response to incidents involving PIH materials because 
the PIH hazard will be prominently highlighted on shipping papers, on 
package markings, and by use of applicable 4-digit identification 
numbers and PIH placards on freight containers and transport vehicles. 
We find that there are no significant environmental impacts associated 
with this final rule.

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.

    In consideration of the foregoing, the interim rule amending 49 CFR 
parts 171 and 172 which was published at 64 FR 50260 on September 16, 
1999, and amended at 64 FR 51719 on September 24, 1999, is adopted as a 
final rule with the following changes:

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 part 1.

    2. In Sec. 171.12, paragraphs (b)(8)(iii) and (iv) are revised and 
new paragraphs (b)(8)(v), (b)(8)(vi), and (e) are added to read as 
follows:


Sec. 171.12  Import and export shipments.

* * * * *
    (b) * * *

[[Page 44255]]

    (8) * * *
    (iii) The package must be marked in accordance with Sec. 172.313 of 
this subchapter;
    (iv) Except as provided in paragraph (b)(8)(v) of this section, the 
package must be labeled or placarded POISON GAS or POISON INHALATION 
HAZARD, as appropriate, in accordance with subparts E and F of this 
subchapter;
    (v) A label or placard that conforms to IMDG Code specifications 
for a ``Class 2.3'' or ``Class 6.1'' label or placard may be 
substituted for the POISON GAS or POISON INHALATION HAZARD label or 
placard required by paragraph (b)(8)(iv) of this section on a package 
transported in a closed transport vehicle or freight container. The 
transport vehicle or freight container must be marked with 
identification numbers for the hazardous material, regardless of the 
total quantity contained in the transport vehicle or freight container, 
in the manner specified in Sec. 172.313(c) of this subchapter and 
placarded as required by subpart F of this subchapter;
    (vi) A package, freight container, or transport vehicle may be 
placarded in conformance with IMDG Code placard specifications for 
``Class 2.3'' or ``Class 6.1'', as appropriate, in place of the POISON 
GAS or POISON INHALATION HAZARD placard required by paragraph 
(b)(8)(iv) of this section when moving within a single port area, 
including contiguous harbor.
* * * * *
    (e) Shipments to or from Mexico. Unless otherwise excepted, 
hazardous materials shipments from Mexico to the United States or from 
the United States to Mexico must conform to all applicable requirements 
of this subchapter. When a hazardous material that is a material 
poisonous by inhalation (see Sec. 171.8) is transported by highway or 
rail from Mexico to the United States, or from the United States to 
Mexico, the following requirements apply:
    (1) The shipping description must include the words ``Toxic 
Inhalation Hazard'' or ``Poison-Inhalation Hazard'' or ``Inhalation 
Hazard'', as required in Sec. 172.203(m) of this subchapter.
    (2) The material must be packaged in accordance with requirements 
of this subchapter.
    (3) The package must be marked in accordance with Sec. 172.313 of 
this subchapter.
    (4) Except as provided in paragraph (c)(5) of this section, the 
package must be labeled or placarded POISON GAS or POISON INHALATION 
HAZARD, as appropriate, in accordance with subparts E and F of this 
subchapter.
    (5) A label or placard that conforms to the UN Recommendations on 
the Transport of Dangerous Goods specifications for a ``Division 2.3'' 
or ``Division 6.1'' label or placard may be substituted for the POISON 
GAS or POISON INHALATION HAZARD label or placard required by 
Secs. 172.400(a) and 172.504(e) of this subchapter on a package 
transported in a closed transport vehicle or freight container. The 
transport vehicle or freight container must be marked with 
identification numbers for the material, regardless of the total 
quantity contained in the transport vehicle or freight container, in 
the manner specified in Sec. 172.313(c) of this subchapter and 
placarded as required by subpart F of this subchapter.

    3. In Sec. 171.12a, paragraphs (b)(5)(iii) and (iv) are revised and 
new paragraphs (b)(5)(v) and (vi) are added, to read as follows:


Sec. 171.12a  Canadian shipments and packagings.

* * * * *
    (b) * * *
    (5) * * *
    (iii) The package must be marked in accordance with Sec. 172.313 of 
this subchapter;
    (iv) Except as provided in paragraph (b)(5)(v) of this section and 
for a package containing anhydrous ammonia, the package must be labeled 
or placarded POISON GAS or POISON INHALATION HAZARD, as appropriate, in 
accordance with subparts E and F of this subchapter;
    (v) A label or placard that conforms to the specifications in the 
TDG Regulations for a ``Class 2.3'' or ``Class 6.1'' label or placard 
may be substituted for the POISON GAS or POISON INHALATION HAZARD label 
or placard required by paragraph (b)(5)(iv) of this section on a 
package transported in a closed transport vehicle or freight container. 
The transport vehicle or freight container must be marked with 
identification numbers for the material, regardless of quantity, in the 
manner specified in Sec. 172.313(c) of this subchapter and placarded as 
required by subpart F of this subchapter. When moving in the United 
States, the transport vehicle or freight container may also be 
placarded in accordance with the appropriate TDG regulations in 
addition to the POISON GAS or POISON INHALATION HAZARD placards 
required by paragraph (b)(5)(iv) of this section;
    (vi) For shipments of anhydrous ammonia, the shipping paper must 
contain an indication that the markings, labels and placards have been 
applied in conformance with the TDG Regulations and this paragraph 
(b)(5).
* * * * *

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

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

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

    5. In Sec. 172.400a, new paragraph (d) is added to read as follows:


Sec. 172.400a  Exceptions from labeling.

* * * * *
    (d) A package containing a material poisonous by inhalation (see 
Sec. 171.8 of this subchapter) in a closed transport vehicle or freight 
container may be excepted from the POISON INHALATION HAZARD or POISON 
GAS label or placard, under the conditions set forth in Secs. 171.12 
and 171.12a of this subchapter.

    6. In Sec. 172.407, paragraph (f) is revised to read as follows:


Sec. 172.407  Label specifications.

* * * * *
    (f) Exceptions. Except for materials poisonous by inhalation (See 
Sec. 171.8 of this subchapter), a label conforming to specifications in 
the UN Recommendations may be used in place of a corresponding label 
that conforms to the requirements of this subpart.
* * * * *

    7. In Sec. 172.519, paragraph (f) is revised to read as follows:


Sec. 172.519  General specifications for placards.

* * * * *
    (f) Exceptions. When hazardous materials are offered for 
transportation or transported under the provisions of Secs. 171.11, 
171.12, or 171.12a of this subchapter, a placard conforming to the 
specifications in the ICAO Technical Instructions, the IMDG Code, or 
the TDG Regulations, respectively, may be used in place of a 
corresponding placard that conforms to the requirements of this 
subpart, except that a bulk packaging, transport vehicle, or freight 
container containing a material poisonous by inhalation (see Sec. 171.8 
of this subchapter) must be placarded in accordance with this subpart 
(see Secs. 171.12(b)(8), 171.12(e) and 171.12a(b)(5) of this 
subchapter).
* * * * *


[[Page 44256]]


    Issued in Washington, DC, on August 15, 2001, under the 
authority delegated in 49 CFR part 1.
Robert A. McGuire,
Acting Deputy Administrator, Research and Special Programs 
Administration.
[FR Doc. 01-21002 Filed 8-21-01; 8:45 am]
BILLING CODE 4910-60-P