

[Federal Register: September 28, 2007 (Volume 72, Number 188)]
[Rules and Regulations]               
[Page 55090-55091]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se07-21]                         

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 171

[Docket No. PHMSA-2005-23141 (HM-215F)]
RIN 2137-AE01

 
Hazardous Materials: Revision and Reformatting of Requirements 
for the Authorization To Use International Transport Standards and 
Regulations; Correction

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

ACTION: Final rule; correction.

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SUMMARY: On May 3, 2007, PHMSA published a final rule to amend the 
Hazardous Materials Regulations (HMR; Parts 171-180) by revising and 
consolidating the requirements applicable to the use of the 
International Civil Aviation Organization's Technical Instructions for 
the Safe Transport of Dangerous Goods by Air, the International 
Maritime Dangerous Goods Code, the Canadian Transport of Dangerous 
Goods Regulations, and the International Atomic Energy Agency Safety 
Standards Series: Regulations for the Safe Transport of Radioactive 
Material. This rule corrects errors in the final rule.

DATES: Effective date: September 28, 2007.

FOR FURTHER INFORMATION CONTACT: Joan McIntyre or Kurt Eichenlaub, 
Office of Hazardous Materials Standards, (202) 366-8553, Pipeline and 
Hazardous Materials Safety Administration, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    On May 3, 2007, the Pipeline and Hazardous Materials Safety 
Administration (PHMSA, we) published a final rule under Docket No. 
PHMSA-2005-23141 (HM-215F) to amend the Hazardous Materials Regulations 
(HMR; 49 CFR Parts 171-180) by revising and consolidating the 
requirements applicable to the use of the International Civil Aviation 
Organization's Technical Instructions for the Safe Transport of 
Dangerous Goods by Air, the International Maritime Dangerous Goods 
Code, the Canadian Transport of Dangerous Goods Regulations, and the 
International Atomic Energy Agency Safety Standards Series: Regulations 
for the Safe Transport of Radioactive Material. The final rule is 
effective as of October 1, 2007.
    The Dangerous Goods Advisory Council (DGAC), an organization of 
industry stakeholders, filed an appeal to the May 3 final rule on June 
4, 2007. We are addressing most elements of DGAC's appeal in a separate 
response, which will be included in the docket for this rulemaking. In 
the meantime, we are issuing this correction to address certain errors 
that DGAC identified in the text of the May 3 final rule.

Correction

    The May 5 final rule added a new Sec.  171.22, which provides 
authorization and conditions for the use of international standards and 
regulations for the commercial transportation of hazardous materials 
to, from, or within the United States. Paragraph (g) of this section 
requires shipments to conform to applicable HMR requirements, including 
the general packaging requirements in Sec. Sec.  173.24 and 173.24a and 
the reuse, reconditioning, and remanufacture requirements in Sec.  
173.28. The notice of proposed rulemaking issued under this docket on 
January 27, 2006 (71 FR 4544) proposed to apply these requirements 
``for export shipments''. The phrase ``for export shipments'' was 
inadvertently dropped from the May 3 final rule. It was not our 
intention to require compliance with Sec. Sec.  173.24, 173.24a, or 
173.28 for import shipments. Therefore, in this final rule, we are 
reinserting the phrase ``for export shipments'' in paragraphs (g)(5) 
and (g)(6) of Sec.  173.22.
    The DGAC appeal also identifies a typographical error in Sec.  
171.12(a)(2). Use of the term ``subpart'' in Sec.  171.12(a)(2) is 
incorrect. This paragraph should read: ``When the provisions of this 
subchapter require a DOT specification or UN standard packaging to be 
used for transporting a hazardous material, a packaging authorized by 
the Transport Canada TDG Regulations may be used, subject to the 
limitations of this part, and only if it is equivalent to the 
corresponding DOT specification or UN packaging (see Sec.  173.24(d)(2) 
of this subchapter) authorized by this subchapter.'' We are

[[Page 55091]]

correcting the typographical error in this final rule.

Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule is published under authority of Federal Hazardous 
Materials Transportation Law (Federal Hazmat Law; 49 U.S.C. 5101 et 
seq.). Section 5103(b) of Federal Hazmat Law authorizes the Secretary 
of Transportation to prescribe regulations for the safe transportation, 
including security, of hazardous materials in intrastate, interstate, 
and foreign commerce. This final rule corrects errors in a final rule 
published in the Federal Register on May 3, 2007.

B. 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). There are no cost impacts 
associated with this final rule.

C. 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. 
Therefore, preparation of a federalism assessment is not warranted.

D. 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.

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

    I certify this final rule will not have a significant economic 
impact on a substantial number of small entities. This rule corrects a 
previously issued final rule by reinserting a dropped phrase and 
correcting a typographical error. There are no cost impacts associated 
with this rule.

F. 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.

G. Paperwork Reduction Act

    There are no new information collection requirements in this final 
rule.

H. Environmental Impact Analysis

    There are no environmental impacts associated with this final rule.

I. 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, we are making the following 
corrections to FR Doc. 07-1959, appearing on page 25162 in the Federal 
Register of Thursday, May 3, 2007:

PART 171--[CORRECTED]

0
1. On page 25171, in Sec.  171.12 correct the text in paragraph (a)(2) 
to read as follows:


Sec.  171.12  North American Shipments.

    (a) * * *
    (2) General packaging requirements. When the provisions of this 
subchapter require a DOT specification or UN standard packaging to be 
used for transporting a hazardous material, a packaging authorized by 
the Transport Canada TDG Regulations may be used, subject to the 
limitations of this part, and only if it is equivalent to the 
corresponding DOT specification or UN packaging (see Sec.  173.24(d)(2) 
of this subchapter) authorized by this subchapter.
* * * * *

0
2. On page 25173, in Sec.  171.22, correct the text in paragraphs 
(g)(5) and (g)(6) to read as follows:


Sec.  171.22  Authorization and conditions for use of international 
standards and regulations.

* * * * *
    (g) * * *
    (5) For export shipments, the general packaging requirements in 
Sec. Sec.  173.24 and 173.24a of this subchapter;
    (6) For export shipments, the requirements for the reuse, 
reconditioning, and remanufacture of packagings in Sec.  173.28 of this 
subchapter; and
* * * * *

    Issued in Washington, DC, on September 21, 2007, under authority 
delegated in 49 CFR part 1.
Krista L. Edwards,
Acting Administrator.
 [FR Doc. E7-19259 Filed 9-27-07; 8:45 am]

BILLING CODE 4910-60-P
