[Federal Register Volume 71, Number 182 (Wednesday, September 20, 2006)]
[Rules and Regulations]
[Pages 54937-54938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7793]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 171, 172, 173, 175, 177, 178 and 180

[Docket No. PHMSA-2006-25496 (HM-189Z)]
RIN 2137-AE20


Hazardous Materials Regulations: Minor Editorial Corrections and 
Clarifications; Correction

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

ACTION: Final rule; correction.

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SUMMARY: PHMSA is correcting a minor error in a final rule, published 
in the Federal Register on September 14, 2006. That final rule 
corrected editorial errors, made minor regulatory changes and, in 
response to requests for clarification, improved the clarity of certain 
provisions in the Hazardous Materials Regulations (HMR).

DATES: Effective date: October 1, 2006.

FOR FURTHER INFORMATION CONTACT: Kevin Leary, Office of Hazardous 
Materials Standards, (202) 366-8553, Pipeline and Hazardous Materials 
Safety Administration, U.S. Department of Transportation, 400 Seventh 
Street, SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    On September 14, 2006, the Pipeline and Hazardous Materials Safety 
Administration (PHMSA, we) published a final rule under Docket HM-189Z 
(71 FR 54388) to correct editorial errors, make minor regulatory 
changes and, in response to requests for clarification, improved the 
clarity of certain provisions in the Hazardous Materials Regulations 
(HMR).
    This document corrects a minor error in the September 14, 2006 
final. We inadvertently omitted several sentences that are part of the 
current regulatory requirements in paragraph (b) of Sec.  173.153. This 
section provides exceptions for certain shipments of Division 6.1 
materials. The omitted sentences establish the conditions under which 
the exception may be utilized for air transportation and limit the 
total weight authorized for packages utilizing the exception. In this 
final rule, we are restoring these sentences to the paragraph.
    Because these amendments do not impose new requirements, notice and 
public procedure are unnecessary. By

[[Page 54938]]

making these amendments effective without the customary 30-day delay 
following publication, the changes will appear in the next revision of 
49 CFR.

II. 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) 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). This final rule will not 
result in increased compliance costs for hazardous materials shippers 
or carriers; therefore, it is not necessary to prepare a regulatory 
impact analysis.

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 adopt 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. 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 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.

G. Environmental Impact Analysis

    There are no environmental impacts associated with this final rule.

H. 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 173

    Hazardous materials transportation, Packaging and containers, 
Radioactive materials, Reporting and recordkeeping requirements, 
Uranium.


0
In consideration of the foregoing, we are making the following 
correction to rule FR Doc. E6-15282, published on September 14, 2006:

PART 173--[CORRECTED]

0
1. On page 54395, in Sec.  173.153, correct the introductory text to 
paragraph (b) to read as follows:


Sec.  173.153  Exceptions for Division 6.1 (poisonous materials).

* * * * *
    (b) Limited quantities of Division 6.1 materials. The exceptions in 
this paragraph do not apply to poison-by-inhalation materials. Limited 
quantities of poisonous materials (Division 6.1) in Packing Group II 
and III are excepted from the specification packaging requirements of 
this subchapter when packaged in combination packagings according to 
this paragraph. For transportation by aircraft, the package must also 
comply with the applicable requirements of Sec.  173.27 of this 
subchapter and only hazardous materials authorized aboard passenger-
carrying aircraft may be transported as a limited quantity. In 
addition, shipments of these limited quantities are not subject to 
subpart F of part 172 (Placarding) of this subchapter. Each package 
must conform to the packaging requirements of subpart B of this part 
and may not exceed 30 kg (66 pounds) gross weight. The following 
combination packagings are authorized:
* * * * *

    Issued in Washington, DC, on September 15, 2006, under authority 
delegated in 49 CFR part 1.
Thomas J. Barrett,
Administrator.
[FR Doc. 06-7793 Filed 9-19-06; 8:45 am]
BILLING CODE 4910-60-P