[Federal Register Volume 70, Number 109 (Wednesday, June 8, 2005)]
[Rules and Regulations]
[Pages 33378-33380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11399]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 171

[Docket No. RSPA-03-16370 (HM-233)]
RIN 2137-AD84


Hazardous Materials: Incorporation of Exemptions Into 
Regulations; Notice of Information Collection Approval

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Final rule.

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SUMMARY: This final rule notice announces Office of Management and 
Budget (OMB) approval of information collection request (ICR) OMB No. 
2137-0620, ``Inspection and Testing of Meter Provers.'' This 
information collection has been approved by OMB until May 31, 2008. 
This notice also makes appropriate revisions to regulations concerning 
the Paperwork Reduction Act to incorporate this new information 
collection approval under OMB Control No. 2137-0620.

DATES: The effective date of this final rule is March 25, 2005. This 
ICR expires on May 31, 2008.

FOR FURTHER INFORMATION CONTACT: Deborah Boothe or T. Glenn Foster, 
Office of Hazardous Materials Standards (PHH-11), Pipeline and 
Hazardous Materials Safety 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 (PHH-11), Pipeline and Hazardous Materials Safety 
Administration, Room 8422, 400 Seventh Street, SW., Washington, DC 
20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    On January 24, 2005, the Pipeline and Hazardous Materials Safety 
Administration (PHMSA, we) published a final rule to enhance the safety 
of hazardous materials transported in commerce (70 FR 3302). In this 
final rule, we incorporated into the regulations the provisions of 
certain widely-used exemptions that have an established safety history 
and that may be converted into regulations for general use. We also 
made minor revisions to the requirements for use of packagings 
authorized under exemptions. The

[[Page 33379]]

revisions provide wider access to the benefits of the provisions 
granted in these exemptions and eliminate the need for the current 
exemption holders to reapply for renewal of the exemption, thus 
reducing paperwork burdens and facilitating commerce while maintaining 
an acceptable level of safety. The effective date of this final rule is 
March 25, 2005.
    On May 5, 2005, OMB approved an information collection for the 
inspection and testing of meter provers, OMB No. 2137-0620, 
``Inspection and Testing of Meter Provers,'' until May 31, 2008. 
Because OMB approved the information collection after publication of 
the January 24, 2005 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 2137-0620.
    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, 
PHMSA 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: 2137-0620.
    Title: Inspection and Testing of Meter Provers.
    This information collection approval expires on May 31, 2008. This 
information collection request was approved by OMB on May 5, 2005.

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. 2137-0620, ``Inspection and Testing of 
Meter Provers.''

III. 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) and was not reviewed by the Office of Management and 
Budget (OMB). This final rule is not considered a significant rule 
under the Regulatory Policies and Procedures order issued by the 
Department of Transportation [44 FR 11034]. The costs and benefits of 
this final rule are considered to be so minimal as to not warrant 
preparation of a regulatory impact analysis or a regulatory evaluation. 
The provisions of this final rule provide a relaxation of the 
regulations and, as such, impose little or no additional costs to 
affected industry.

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. Therefore, the consultation and funding requirements of Executive 
Order 13132 do not apply. PHMSA 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 final rule 
does not have tribal implications, does not impose substantial direct 
compliance costs on Indian tribal governments, and does not preempt 
tribal law, the funding and consultation requirements of Executive 
Order 13175 do not apply, and a tribal summary impact statement is not 
required.

D. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies

    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 
$120.7 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. 2137-0620 ``Inspection and Testing of Meter Provers,'' 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.

0
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, 44701; 49 CFR 1.45 and 1.53; 
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134 
section 31001.

0
2. In Sec.  171.6, the table in paragraph (b)(2) is amended to add a 
new entry ``OMB No. 2137-0620'' in numeric order, to read as follows:


Sec.  171.6  Control numbers under the Paperwork Reduction Act.

* * * * *
    (b) * * *
    (2) * * *

[[Page 33380]]



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                                                       Title 49 CFR part
                                                       or section where
     Current OMB Control No.             Title          identified and
                                                           described
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                              * * * * * * *
2137-0620.......................  Inspection and      Part 173, Subpart
                                   Testing of Meter    A, Sec.   173.5a.
                                   Provers.
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    Issued in Washington, DC, on June 2, 2005.
Susan Gorsky,
Acting Director, Office of Hazardous Materials Standards.
[FR Doc. 05-11399 Filed 6-7-05; 8:45 am]
BILLING CODE 4910-60-P