[Federal Register Volume 68, Number 66 (Monday, April 7, 2003)]
[Proposed Rules]
[Pages 16751-16753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8316]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 172, 173, 174, 175, 176, 177, and 178

[Docket No. RSPA-03-14793; Notice No. 03-04]


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 applicable to the transportation of 
radioactive materials to identify requirements 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 July 7, 2003.

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-03-
14793 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: Eileen Edmonson, 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: Anyone is able to search the electronic form 
of all comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the comment, if submitted 
on behalf of an association, business, labor union, etc.). You may 
review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477) or you may visit http://dms.dot.gov.

I. Section 610 of the Regulatory Flexibility Act

A. Background and Purpose

    Section 610 of the Regulatory Flexibility Act of 1980 (Pub. L. 96-
354), as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (Pub. L. 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 December 9, 2002, listing in Appendix D (67 FR 
74799) those regulations that each operating administration will review

[[Page 16752]]

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 the review announced in this notice, 
the Analysis year began in December 2002, coincident with the Fall 2002 
publication of the Semiannual Regulatory Agenda, and will conclude in 
the Fall of 2003.
    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      Review
            Title                 Regulation        Year         Year
------------------------------------------------------------------------
Incident reports.............  Sec.  Sec.              1998          N/A
                                171.15 and
                                171.16.
Hazmat safety procedures.....  Parts 106 and           1999          N/A
                                107.
General Information,           Part 171.
 Regulations, and Definitions.
Carriage by Rail and Highway.  Parts 174 and           2000          N/A
                                177.
Carriage by Vessel...........  Part 176.......         2001          N/A
Radioactive Materials........  Parts 172, 173,         2002         2003
                                174, 175, 176,
                                177, 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.
Transportation Program         Part 107.
 Procedures.
------------------------------------------------------------------------

C. Regulations Under Analysis

    During Year 5 (2002-2003), the Analysis Year, we will conduct a 
preliminary assessment of the rules in 49 CFR parts 172, 173, 174, 175, 
176, 177, and 178 applicable to radioactive materials transportation. 
The review will include the following parts and subparts:

------------------------------------------------------------------------
                Subpart                               Title
------------------------------------------------------------------------
                                Part 172
------------------------------------------------------------------------
Subpart B..............................  Table of Hazardous Materials
                                          and Special Provisions.
Subpart C..............................  Shipping Papers.
Subpart D..............................  Marking.
Subpart E..............................  Labeling.
Subpart F..............................  Placarding.
Appendix B to Part 172.................  Trefoil Symbol.
----------------------------------------
                                Part 173
------------------------------------------------------------------------
Subpart A..............................  General.
Subpart B..............................  Preparation of Hazardous
                                          Materials for Transportation.
Subpart I..............................  Class 7 (Radioactive)
                                          Materials.
----------------------------------------
                                Part 174
------------------------------------------------------------------------
Subpart C..............................  General Handling and Loading
                                          Requirements.
Subpart D..............................  Handling of Placarded Rail
                                          Cars, Transport Vehicles and
                                          Freight Containers.
Subpart K..............................  Detailed Requirements for Class
                                          7 (Radioactive) Materials.
----------------------------------------

[[Page 16753]]

 
                                Part 175
------------------------------------------------------------------------
Subpart A..............................  General Information and
                                          Regulations.
Subpart B..............................  Loading, Unloading, and
                                          Handling.
Subpart C..............................  Specific Regulations Applicable
                                          According to Classification of
                                          Material.
----------------------------------------
                                Part 176
------------------------------------------------------------------------
Subpart A..............................  General.
Subpart B..............................  General Operating Requirements.
Subpart D..............................  General Segregation
                                          Requirements.
Subpart M..............................  Detailed Requirements for
                                          Radioactive Materials.
----------------------------------------
                                Part 177
------------------------------------------------------------------------
Subpart A..............................  General Information and
                                          Regulations.
Subpart B..............................  Loading and Unloading.
Subpart C..............................  Segregation and Separation
                                          Chart of Hazardous Materials.
Subpart E..............................  Regulations Applying to
                                          Hazardous Material on Motor
                                          Vehicles Carrying Passengers
                                          for Hire.
----------------------------------------
                                Part 178
------------------------------------------------------------------------
Subpart K..............................  Specifications for Packagings
                                          for Class 7 (Radioactive)
                                          Materials.
------------------------------------------------------------------------

    We are seeking comments on whether any requirements for radioactive 
materials transportation in parts 172, 173, 174, 175, 176, 177, and 178 
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 radioactive materials requirements in parts 
172, 173, 174, 175, 176, 177, and 178 have 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

    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.
    For an example of a rule drafted in plain language, you can refer 
to RSPA's final rule entitled ``Revised and Clarified Hazardous 
Materials Safety Rulemaking and Program Procedures,'' which was 
published June 25, 2002 (67 FR 42948). This final rule revised and 
clarified the hazardous materials safety rulemaking and program 
procedures by rewriting 49 CFR part 106 and subpart A of part 107 in 
plain language and creating a new part 105 that would contain 
definitions and general procedures.

B. Review Schedule

    In conjunction with our section 610 reviews, we will be performing 
plain language reviews of the HMR over a 10-year period on a schedule 
consistent with the section 610 review schedule. Thus, our review of 
requirements in parts 172, 173, 174, 175, 176, 177, and 178 applicable 
to radioactive materials transportation 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 
encourage interested persons to submit draft regulatory language that 
clearly and simply communicates regulatory requirements, and other 
recommendations, such as putting information in tables or consolidating 
regulatory requirements, that may make the regulations easier to use.

    Issued in Washington, DC on March 31, 2003 under authority 
delegated in 49 CFR part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety, Research and 
Special Programs Administration.
[FR Doc. 03-8316 Filed 4-4-03; 8:45 am]
BILLING CODE 4910-60-P