[Federal Register Volume 68, Number 187 (Friday, September 26, 2003)]
[Rules and Regulations]
[Pages 55542-55544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24354]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 107 and 180

[Docket No. RSPA-03-10373 (HM-220D)]
RIN 2137-AD86


Hazardous Materials: Approval Program for Certain Persons 
Performing Visual Requalification of DOT Specification Cylinders; 
Extension of Compliance Date

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

ACTION: Interim final rule; extension of compliance date and request 
for comments.

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SUMMARY: RSPA is extending the compliance date of the regulations 
contained in 49 CFR 107.805(f) and 180.209(g) of the Hazardous 
Materials Regulations that require persons who perform visual 
requalification of DOT specification cylinders to obtain approval from 
RSPA and to mark the requalifier identification number assigned by RSPA 
on cylinders successfully requalified after September 30, 2003. This 
September 30, 2003 date is extended to May 31, 2004.

DATES: Effective Date. This rule is effective September 26, 2003.
    Compliance Date: Delayed compliance with certain requirements is as 
specified in the regulatory text.
    Comments Date: Comments must be received by October 27, 2003.

ADDRESSES: You may submit comments identified by the docket number 
RSPA-01-10373 (HM-220D) by any of the following methods:
    [sbull] Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
    [sbull] Fax: 1-202-493-2251.
    [sbull] Mail: Docket Management System; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001. If sent by mail, comments are to be 
submitted in two copies. Persons wishing to receive confirmation of 
receipt of their comments should include a self-addressed stamped 
postcard.
    [sbull] Hand Delivery: Docket Management System; Room PL-401 on the 
plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. All comments received will be posted without change to 
http://dms.dot.gov including any personal information provided. You may 
review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (volume 65, number 70; pages 19477-78), or 
you may visit http://dms.dot.gov.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to the 
Docket Management System (see ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Linda Cooper, (202) 366-4512, Office 
of Hazardous Materials Approvals and Exemptions, or Sandra Webb, (202) 
366-8553, Office of Hazardous Materials Standards, Research and Special 
Programs Administration, U.S. Department of Transportation, 400 Seventh 
Street, SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    On August 8, 2002, the Research and Special Programs Administration 
(RSPA, we) published a final rule under Docket No. RSPA-01-10373 (HM-
220D) (67 FR 51625) amending the requirements of the Hazardous 
Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the 
maintenance, requalification, repair, and use of DOT specification 
cylinders. The revisions were made to simplify the regulations, respond 
to petitions for rulemaking, address recommendations of the National 
Transportation Safety Board, and enhance the safe transportation of 
hazardous materials in cylinders. The effective date of the final rule 
was October 1, 2002.
    The August 8, 2002 final rule extended current approval 
requirements for persons who requalify DOT specification cylinders to 
persons who requalify certain cylinders by performing a complete 
external visual inspection. The rule requires each person who performs 
a visual inspection in accordance with Sec.  180.209(g) to obtain an 
approval from us and to mark the requalifier identification number 
assigned by RSPA on a cylinder that successfully passes a visual 
requalification after September 30, 2003. The approval requirements are 
contained in Sec.  107.805(f). The approval requirements do not apply 
to a person who does prefill cylinder inspections such as prescribed in 
Sec.  173.301(a)(2) or annual inspection of self-contained breathing 
apparatus (SCUBA) cylinders and who does no visual requalifications 
under Sec.  180.209(g). After publication of the final rule, we 
received more than 2,300 applications and many telephone calls from 
persons asking about the approval requirements.
    Because of the number of applications that we continue to receive, 
we are not able to complete processing and assigning requalifier 
identification numbers by the October 1, 2003 compliance date and we 
are concerned that many affected persons may not get their applications 
in by that date. Therefore, in this interim final rule, we are 
extending the compliance date after which persons who perform visual 
cylinder requalifications under Sec.  180.209(g) must obtain approval 
from us and mark their assigned requalifier identification number on 
cylinders that have been successfully requalified to May 31, 2004.

II. Comments on This Interim Final Rule

    Because October 1, 2003 is the mandatory compliance date currently 
prescribed in the HMR for marking cylinders with a requalifier 
identification number, we are issuing this interim final rule without 
prior notice and public comments. For this same reason, we are making 
these amendments effective without the customary 30-day delay following 
publication. Although an opportunity for public comment has not been 
provided prior to the issuance of this interim final rule, we are 
seeking public comments to this action. We may further amend the 
compliance date if warranted, based on the merits of comments.

III. Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This interim final rule is not considered a significant regulatory 
action under section 3(f) of Executive Order 12866 and was not reviewed 
by the Office of Management and Budget. The interim final rule is not 
considered significant under the Regulatory Policies and Procedures of 
the Department of Transportation (44 FR 11034).
    This interim final rule amends an August 8, 2002 final rule that 
made revisions to requirements applicable to the maintenance, 
requalification, repair and use of DOT specification cylinders.

[[Page 55543]]

A regulatory evaluation prepared for the August 8, 2002 final rule is 
available for review in the docket.

B. 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 determines a rule is not expected to have a 
significant economic impact on a substantial number of small entities. 
This interim final rule imposes no new costs of compliance on the 
regulated industry. Based on the assessment in the original regulatory 
evaluation, I hereby certify that while this interim final rule applies 
to a substantial number of small entities, there will not be a 
significant economic impact on those small entities. A detailed 
regulatory flexibility analysis for the August 8, 2002 final rule is 
available for review in the docket.

C. Executive Order 13132

    This interim final rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13132 
(``Federalism''). This interim final rule preempts state, local, and 
Indian tribe requirements but does not propose any regulation with 
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)) 
preempting 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 interim final rule addresses covered subject item 5 above and 
preempts state, local, and Indian tribe requirements not meeting the 
``substantively the same'' standard.
    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. 
The effective date of federal preemption of this final rule is 90 days 
from publication of this final rule in the Federal Register.

D. Executive Order 13175

    This interim 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 interim 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.

E. Unfunded Mandates Reform Act of 1995

    This interim 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, in the aggregate, to any of the following: State, 
local, or Indian tribal governments, or the private sector.

F. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, no person is required to 
respond to an information collection unless it displays a valid OMB 
control number. The amendments contained in this interim final rule 
impose no changes to the information collection and recordkeeping 
requirements contained in the August 8, 2002 final rule, which were 
approved by the Office of Management and Budget under the provisions of 
44 U.S.C. chapter 35 and assigned control numbers 2137-0022 (approved 
through 09/30/2005) and 2137-0557 (approved through 12/31/2005).

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 contained in the heading of 
this document can be used to cross-reference this action with the 
Unified Agenda.

H. Environmental Assessment

    This interim final rule extends the mandatory compliance date for 
certain persons who requalify cylinders to obtain approval from us and 
mark their assigned requalifier identification number on successfully 
requalified cylinders. The approval requirements were adopted in an 
August 8, 2002 final rule. The regulatory evaluation prepared for the 
August 8, 2002 final rule contains an environmental assessment and is 
in the public docket for this rulemaking. The August 8, 2002 final rule 
incorporates new cylinder technologies through new and updated 
incorporations by reference of consensus standards developed by CGA; 
increases flexibility for cylinder requalifiers, and users; and 
facilitates compliance with the HMR by clarifying and reorganizing 
regulatory requirements applicable to cylinders. In addition, the 
August 8, 2002 final rule improves the overall safety performance of 
DOT specification cylinders by addressing several identified safety 
problems. The August 8, 2002 final rule contains revisions to reduce 
unintentional releases of hazardous materials from cylinders during 
transportation and, therefore, will reduce environmental damage 
associated with such releases. To the extent that the revisions in this 
interim final rule maintain safety for transportation of hazardous 
materials in cylinders, we find that there are no significant 
environmental impacts associated with this final rule.

List of Subjects

49 CFR Part 107

    Administrative practice and procedure, Hazardous materials 
transportation, Packaging and containers, Penalties, Reporting and 
recordkeeping requirements.

49 CFR Part 180

    Hazardous materials transportation, Motor carriers, Motor vehicle 
safety, Packaging and containers, Railroad safety, and Reporting and 
recording requirements.

0
In consideration of the foregoing, title 49, Chapter I, Subchapters A 
and C of the Code of Federal Regulations, are amended as follows:

[[Page 55544]]

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
1. The authority citation for Part 107 continues to read as follows:

    Authority: 49 U.S.C. 5101-5127, 44701; Sec. 212-213, Pub. L. 
104-121, 110 Stat. 857; 49 CFR 1.45, 1.53.


Sec.  107.805  [Amended]

0
2. In Sec.  107.805, in the last sentence in paragraph (f), amend by 
revising the date ``September 30, 2003'' to read ``May 31, 2004''.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
3. The authority citation for part 180 continues to read as follows:

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


Sec.  180.209  [Amended]

0
4. In Sec.  180.209(g), in the fourth sentence, amend by revising the 
date ``September 30, 2003'' to read ``May 31, 2004''.

    Issued in Washington DC on September 17, 2003 under authority 
delegated in 49 CFR Part 1.
Samuel G. Bonasso,
Acting Administrator, Research and Special Programs Administration.
[FR Doc. 03-24354 Filed 9-25-03; 8:45 am]
BILLING CODE 4910-60-P