[Federal Register Volume 68, Number 102 (Wednesday, May 28, 2003)]
[Rules and Regulations]
[Pages 31627-31628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13238]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 171

[Docket No. RSPA-02-12064 (HM-232)]
RIN 2137-AD67


Hazardous Materials Security Plans; Information Collection 
Approval

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

ACTION: Final rule.

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SUMMARY: This final rule announces Office of Management and Budget 
(OMB) approval of information collection request (ICR) OMB No. 2137-
0612, ``Hazardous Materials Security Plans''. This information 
collection has been approved by OMB until April 30, 2006. This final 
rule also makes appropriate revisions to regulations concerning the 
Paperwork Reduction Act to incorporate this new information collection 
approval under OMB Control No. 2137-0612.

DATES: The effective date of this final rule is June 20, 2003. This ICR 
expires on April 30, 2006.

FOR FURTHER INFORMATION CONTACT: Deborah Boothe or T. Glenn Foster, 
Office of Hazardous Materials Standards (DHM-10), Research and Special 
Programs Administration, Room 8422, 400 Seventh Street, SW., 
Washington, DC 20590-0001, Telephone (202) 366-8553.

ADDRESSES: Requests for a copy of an information collection should be 
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous 
Materials Standards (DHM-10), Research and Special Programs 
Administration, Room 8422, 400 Seventh Street, SW., Washington, DC 
20590-0001.

SUPPLEMENTARY INFORMATION: 

I. Background

    On March 25, 2003, the Research and Special Programs Administration 
(RSPA, we) published a final rule to enhance the security of hazardous 
materials transported in commerce (68 FR 14510). In this final rule, 
shippers and carriers of certain highly hazardous materials must 
develop and implement security plans. In addition, all shippers and 
carriers of hazardous materials must assure that their employee 
training includes a security component. The effective date of this 
final rule is March 25, 2003.
    On April 30, 2003, OMB approved information collection for the 
development of and maintenance of security plans, OMB No. 2137-0612, 
``Hazardous Materials Security Plans'', until April 30, 2006. Because 
OMB approved the information collection after publication of the March 
25, 2003 final rule, we are announcing the OMB approval and 
incorporating this new information collection approval into Sec.  
171.6, ``Control numbers under the Paperwork Reduction Act.'', under 
OMB Control No 2137-0612.
    OMB regulations (5 CFR 1320) implementing provisions of the 
Paperwork Reduction Act of 1995 (Pub. L. 104-13) require that 
interested members of the public and affected agencies have an 
opportunity to comment on information collection and recordkeeping 
activities (see 5 CFR 1320.8(s)) and specify that no person is required 
to respond to an information collection unless it displays a valid OMB 
control number. In accordance with the Paperwork Reduction Act of 1995, 
RSPA has received OMB approval of the following ICR and Sec.  
171.6(b)(2) is revised by incorporating the following information 
collection:
    OMB Control Number: 2137-0612.
    Title: Hazardous Materials Security Plans.
    This information collection approval expires on April 30, 2006. 
This information collection request was approved by OMB on April 30, 
2003.

II. Summary of Regulatory Changes

Section 171.6

    We are revising the table in paragraph (b)(2) to incorporate a new 
information collection, OMB No. 2137-0612, ``Hazardous Materials 
Security Plans,'' and the affected sections, which include a new part 
172, subpart I--Security Plans and Sec. Sec.  172.800, 172.802, and 
172.804.

III. Rulemaking 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. This rule is not 
significant under 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.

[[Page 31628]]

B. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria in Executive Order 13132 (``Federalism''). This final rule 
does not propose any regulation that: (1) 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; (2) imposes substantial direct 
compliance costs on State and local governments; or (3) preempts state 
law.
    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 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 rule does 
not have tribal implications and does not impose substantial direct 
compliance costs, the funding and consultation requirements of 
Executive Order 13175 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 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, and is the least burdensome 
alternative that achieves the objective of the rule.

F. Paperwork Reduction Act

    There are no new information collection requirements in this final 
rule. This final rule announces the approval of information collection 
OMB No. 2137-0612, ``Hazardous Materials Security Plans,'' and 
incorporates this new OMB Control Number, Title, and Affected Sections 
into the Section 171.6 (b)(2) table in the HMR.

G. 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 to cross-reference this action with the 
Unified Agenda.

List of Subjects in 49 CFR part 171

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

    In consideration of the foregoing, 49 CFR Chapter I is amended as 
follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
1. The authority citation for part 171 continues to read as follows:

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


0
2. In Sec.  171.6, the table in paragraph (b)(2) is revised to add a 
new entry ``OMB No. 2137-0612'' in numeric order, to read as follows:


Sec.  171.6  Control numbers under the Paperwork Reduction Act.

* * * * *
    (b) * * *

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                                                       Title 49 CFR part
                                                       or section where
     Current OMB Control No.             Title          identified and
                                                           described
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                              * * * * * * *
2137-0612.......................  Hazardous           Part 172, Subpart
                                   Materials           I, Sec.  Sec.
                                   Security Plans.     172.800, 172.802,
                                                       172.804.
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    Issued in Washington, DC, on May 9, 2003, under authority 
delegated in 49 CFR part 1.
Samuel G. Bonasso,
Acting Administrator.
[FR Doc. 03-13238 Filed 5-27-03; 8:45 am]
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