[Federal Register Volume 70, Number 30 (Tuesday, February 15, 2005)]
[Rules and Regulations]
[Pages 7670-7672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2873]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 173

[Docket No. RSPA-2005-20104 (Notice No. 05-02)]


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 applicable to general shipment and 
packaging requirements for shippers 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 May 16, 2005.

ADDRESSES: You may submit comments identified by the docket number 
RSPA-2005-20104 (Notice No. 05-02) by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: To the Docket Management System; Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC between 9 am and 5 pm, Monday through Friday, except 
Federal Holidays.

[[Page 7671]]

    Instructions: You must include the agency name and docket number 
RSPA-2005-20104 (Notice No. 05-02) at the beginning of your comment. 
Note that all comments received will be posted without change to http://dms.dot.gov including any personal information provided. Anyone is 
able to search the electronic form of any written communications and 
comments received into any of our dockets by the name of the individual 
submitting the document (or signing the document, 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.
    Docket: You may view the public docket through the Internet at 
http://dms.dot.gov or in person at the Docket Management System office 
at the above address.

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 (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 13, 2004 (69 FR 73492), listing in 
Appendix D (69 FR 73505) 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 the review announced in this notice, 
the Analysis year began in December 2004, coincident with the fall 2004 
publication of the Semiannual Regulatory Agenda, and will conclude in 
the fall of 2005.
    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
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                                                  Analysis
            Title                 Regulation        year     Review year
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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          N/A
                                174, 175, 176,
                                177, 178.
Explosives...................  Parts 172, 173,         2003          N/A
                                174, 176, 177.
Cylinders....................  Parts 172, 173,
                                174, 176, 177,
                                178, 180.
Shippers--General              Part 173.......         2004         2005
 Requirements for Shipments
 and Packagings.
Specifications for Non-bulk    Part 178.......         2005         2006
 Packagings.
Training and planning grants.  Part 110.......
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.
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[[Page 7672]]

C. Regulations Under Analysis

    During Year 6 (2004-2005), the Analysis Year, we will conduct a 
preliminary assessment of the rules in 49 CFR Part 173 applicable to 
general shipment and packaging requirements for shippers. The review 
will include the following subparts:

                                Part 173
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               Subpart                               Title
------------------------------------------------------------------------
Subpart A...........................  General.
Subpart B...........................  Preparation of Hazardous Materials
                                       for Transportation.
Subpart D...........................  Definitions, Classification,
                                       Packing Group Assignments and
                                       Exceptions for Hazardous
                                       Materials Other Than Class 1 and
                                       Class 7.
Subpart E...........................  Non-bulk Packaging for Hazardous
                                       Materials Other Than Class 1 and
                                       Class 7.
Subpart F...........................  Bulk Packaging for Hazardous
                                       Materials Other Than Class 1 and
                                       Class 7.
Subpart G...........................  Gases; Preparation and Packaging.
Subpart I...........................  Class 7 (Radioactive) Materials.
------------------------------------------------------------------------

    We are seeking comments on whether any requirements for shippers in 
Part 173 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 transportation requirements applicable to 
shippers in Part 173 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

    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 contains 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 Part 173 applicable to general shipment and packaging 
requirements for shippers 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 February 9, 2005 under authority 
delegated in 49 CFR Part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety, Research and 
Special Programs Administration.
[FR Doc. 05-2873 Filed 2-14-05; 8:45 am]
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