
[Federal Register: June 28, 2011 (Volume 76, Number 124)]
[Rules and Regulations]               
[Page 37661-37663]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn11-21]                         

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 105, 107, 109, 171, 172, 173, 174, 175, 176, 178, and 
180

[Docket No. PHMSA-2011-0132; Notice No. 11-5]

 
Notification of Anticipated Delay in Administrative Appeal 
Decisions

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

ACTION: Notice.

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SUMMARY: This notice advises the public that PHMSA is currently 
reviewing numerous administrative appeals (i.e., petitions for 
reconsideration) on recently issued final rules. In accordance with 
applicable regulatory requirements, this notice provides notification 
to parties having brought certain administrative appeals of the 
anticipated delay in processing these administrative appeals.

FOR FURTHER INFORMATION CONTACT: Charles E. Betts, Director, Standards 
and Rulemaking Division, Office of Hazardous Materials Safety, (202) 
366-4512, PHMSA, 1200 New Jersey Avenue, SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. Appeals

    The Pipeline and Hazardous Materials Safety Administration's 
(PHMSA) Office of Hazardous Materials Standards recently received a 
number of petitions for reconsideration of several recent PMHSA final 
rules, which are known as ``administrative appeals'' under PHMSA's 
applicable regulations, 49 CFR 106.110 et seq. The administrative 
appeals that are the subject of this Federal Register notice focus on 
four recently published final rules. Key information on the 
administrative appeals, including the rulemaking docket number, are 
provided below. Interested persons may go to http://www.regulations.gov 
and search by the rulemaking docket number to view rulemakings, 
administrative appeals, comments, and other rulemaking related 
documentation. The administrative appeals now being considered by 
PHMSA, organized by final rule, are as follows:

[[Page 37662]]

HM-231 (Docket No. PHMSA-2006-25736)

 Hazardous Materials; Miscellaneous Packaging Amendments (September 30,
                           2010; 75 FR 60333)
------------------------------------------------------------------------
         Appeal from                             Issue
------------------------------------------------------------------------
Dangerous Goods Advisory       Appeal focuses on the miscellaneous
 Council (DGAC).                packaging requirements final rule
                                pertaining to PHMSA's responsiveness to
                                the request to extend the effective date
                                of the final rule and revisions to the
                                final rule in a manner not previously
                                proposed or requested.
------------------------------------------------------------------------

HM-233B (Docket No. PHMSA-2009-0410)

Hazardous Materials; Revisions of Special Permits Procedures (January 5,
                            2011; 76 FR 454)
------------------------------------------------------------------------
         Appeals from                            Issue
------------------------------------------------------------------------
Council on Safe                Appeal focuses on the special permit
 Transportation of Hazardous    procedures final rule provisions
 Articles, Inc. (COSTHA).       addressing:
                                Estimating operations to be
                                conducted under a special permit.
                                Listing the CEO or president of
                                the company.
                                Providing a Dun and Bradstreet
                                Data Universal Numbering System (DUNS)
                                identifier.
Institute of Makers of         Appeal focuses on the special permit
 Explosives (IME).              procedures final rule provisions
                                addressing:
                                Listing all known locations
                                where a special permit will be used.
                                Providing a description of
                                operational controls.
                                Providing a statement outlining
                                the reason(s) the hazardous material is
                                being transported by air.
Association of Hazmat          Appeal focuses on the special permit
 Shippers, Inc. (AHS).          procedures final rule provisions
                                addressing:
                                Listing all known locations
                                where a special permit will be used.
                                Providing estimates of the
                                number of operations expected to be
                                conducted under a special permit.
                                Providing a hazardous materials
                                registration number.
                                Providing a statement justifying
                                shipments by air.
                                Listing the CEO or president of
                                the company.
                                Providing a DUNS identifier.
                                Providing a quantity or number
                                of packages to be shipped.
------------------------------------------------------------------------

HM-215K (Docket No. PHMSA-2009-0126)

       Hazardous Materials; Harmonization With the United Nations
   Recommendations on the Transport of Dangerous Goods, International
Maritime Dangerous Goods Code, International Civil Aviation Organization
 Technical Instructions for the Safe Transport of Dangerous Goods by Air
                     (January 19, 2011; 76 FR 3308)
------------------------------------------------------------------------
         Appeals from                            Issue
------------------------------------------------------------------------
American Coatings Association  Appeal focuses on the international
 (ACA).                         harmonization final rule pertaining to
                                PHMSA's decision to eliminate the ORM-D
                                system ``without any [PHMSA] debate or
                                consideration of [1] the type of
                                materials that use this exception; [2]
                                the costs incurred by the regulated
                                community; and [3] the safety
                                benefits.'' ACA also requests, based on
                                a denial of their request to address the
                                elimination of the ORM-D system in a
                                separate rulemaking that PHMSA extend
                                the transition period for use of the ORM-
                                D system until January 1, 2016.
AHS..........................  Appeal focuses on the international
                                harmonization final rule pertaining to
                                the limited quantity exception for the
                                material ``Self-reactive solid, Type F,
                                UN3230.''
Dangerous Goods Transport      Appeal focuses on the international
 Consulting, Inc. (DGTC) on     harmonization final rule provisions
 behalf of DGAC.                addressing:
                                UN3334 (Aviation regulated
                                liquid, n.o.s.) and UN3335 (Aviation
                                regulated solid, n.o.s.) be added to the
                                list of excepted Class 9 (miscellaneous
                                hazard) material on the basis that the
                                material is authorized for limited
                                quantity exceptions under the HMR and is
                                consistent with the ICAO TI.
                                The one-year transition period
                                does not allow sufficient time to
                                deplete stock(s) of pre-printed
                                packagings.
Fuel Cell and Hydrogen Energy  Appeal focuses on the international
 Association (FHEA).            harmonization final rule pertaining to
                                the prohibition on air transportation of
                                fuel cell cartridges as ORM-D material
                                and the deviation from the ICAO TI and
                                the UN Model Regulations.
Lilliputian Systems, Inc.,     Appeal focuses on the international
 (LSI).                         harmonization final rule pertaining to
                                49 CFR 175.10(a)(19) to align with the
                                ICAO TI and allow spare fuel cell
                                cartridges containing Division 2.1
                                flammable gas to be carried in checked
                                baggage.
PPG Industries (PPG).........  Appeal focuses on the international
                                harmonization final rule pertaining to
                                the one-year transition period for
                                depletion of stock(s) of pre-printed
                                packagings.

[[Page 37663]]


Sporting Arms & Ammunition     Appeal focuses on the international
 Manufacturer's Institute       harmonization final rule provisions
 (SAAMI).                       addressing:
                                The list of prohibited hazardous
                                material and articles.
                                Exceptions from the air
                                prohibition for Table 3 in 49 CFR
                                173.27(f) pertaining to limited
                                quantities of Class 1 (explosive)
                                material conforming to 49 CFR 173.63(b)
                                and Class 7 (radioactive) material
                                conforming to 49 CFR 173.421 through
                                173.425.
------------------------------------------------------------------------

PHM-7 (Docket No. PHMSA-2005-22356)

Hazardous Materials: Enhanced Enforcement Authority Procedures (March 2,
                           2011; 76 FR 11570)
------------------------------------------------------------------------
         Appeals from                            Issue
------------------------------------------------------------------------
COSTHA.......................  Appeal focuses on the enhanced
                                enforcement authority procedures final
                                rule provisions addressing:
                                Package opening and reclosing by
                                carrier vs. enforcement personnel.
                                Removing a package from
                                transportation and ordering carrier
                                personnel to transport the package for
                                testing.
American Trucking              Appeal focuses on the enhanced
 Associations (ATA).            enforcement authority procedures final
                                rule provisions addressing:
                                Implementation of the authority
                                to direct carriers to transport
                                materials suspected of being hazardous
                                materials to a facility for further
                                examination.
                                Resumption of transportation for
                                a package that violates the HMR, but
                                does not present an imminent safety
                                hazard.
United Parcel Service (UPS)..  Appeal focuses on the enhanced
                                enforcement authority procedures final
                                rule provisions addressing:
                                Package opening at facilities
                                vs. road side.
                                Department of Homeland
                                Security's responsibility to open
                                packages in pursuit of security related
                                issues and possible treats.
------------------------------------------------------------------------

II. Notification of Anticipated Delay in Appeal Decisions

    49 CFR 106.130(a)(4) provides that if PHMSA does not issue a 
decision on whether to grant or deny an administrative appeal within 90 
days after the date that the final rule is published in the Federal 
Register and that we anticipate a substantial delay in making a 
decision, PHMSA will notify parties having brought administrative 
appeals directly and provide an expected decision date. In addition, 
PHMSA will publish a notice of the delay in the Federal Register. Due 
to the volume of appeals received, as indicated above, we anticipate 
delays in making administrative appeal decisions. As a result, in 
accordance with 49 CFR 106.130(a)(4), we are publishing this notice in 
the Federal Register to notify the public, and we anticipate directly 
contacting parties having brought these administrative appeals shortly.

    Issued in Washington, DC on June 21, 2011.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 2011-15956 Filed 6-27-11; 8:45 am]
BILLING CODE 4910-60-P

