[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Rules and Regulations]
[Pages 50271-50273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17525]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 173

[Docket No. PHMSA-2019-0030 (HM-215P)]
RIN 2137-AF46


Hazardous Materials: Harmonization With International Standards; 
Correction

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

ACTION: Final rule; correction.

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SUMMARY: The Pipeline and Hazardous Materials Safety Administration is 
correcting a final rule that was published in the Federal Register on 
July 26, 2022. The final rule was published to maintain alignment with 
international regulations and standards by adopting various amendments, 
including changes to proper shipping names, hazard classes, packing 
groups, special provisions, packaging authorizations, air transport 
quantity limitations, and vessel stowage requirements.

DATES: This correction is effective August 25, 2022.

FOR FURTHER INFORMATION CONTACT: Candace Casey, Standards and 
Rulemaking, Steven Andrews, Standards and Rulemaking, or Aaron Wiener, 
International Program, at (202) 366-8553, Pipeline and Hazardous 
Materials Safety Administration, U.S. Department of Transportation, 
1200 New Jersey Avenue SE, East Building, 2nd Floor, Washington, DC 
20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background and Need for Technical Correction

    On July 26, 2022, PHMSA published a final rule in the Federal 
Register entitled ``Hazardous Materials: Harmonization with 
International Standards.'' \1\ In the final rule, the instructions for 
the revision of Sec.  173.27(c) did not include the words 
``introductory text'' and thus as written the amendatory instruction 18 
to Sec.  173.27 inadvertently removed paragraphs (i) and (ii) to 
paragraph (c)(2). The publication of this final rule correction is 
needed to ensure that Sec.  173.27--which is effective August 25, 
2022--continues to read as intended by revising introductory text to 
paragraph (c)(2) and restoring paragraphs (i) and (ii).
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    \1\ 87 FR 44944 (July 26, 2022).
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II. Regulatory Analyses and Notices

A. Statutory/Legal Authority

    Statutory authority for this notice's technical corrections to the 
final rule, as with the final rule itself, is provided by the Federal 
hazardous materials transportation law (49 U.S.C. 5101 et seq.). The 
Secretary delegated the authority granted in the Federal hazardous 
materials transportation law to the PHMSA Administrator at 49 CFR 
197(b).
    PHMSA finds it has good cause to make those clarification and 
technical corrections without notice and comment pursuant to Section 
553(b) of the Administrative Procedure Act (APA, 5 U.S.C. 551, et 
seq.). Section 553(b)(B) of the APA provides that, when an agency for 
good cause finds that notice and public procedure are impracticable, 
unnecessary, or contrary to the public interest, the agency may issue a 
rule without providing notice and an opportunity for public comment. As 
explained above, the textual alterations herein consist of a technical 
correction to the amendatory instruction 18 to Sec.  173.27 which 
inadvertently removed paragraphs (i) and (ii) to paragraph (c)(2). The 
publication of this final rule correction is needed to ensure that 
Sec.  173.27 continues to read as intended by revising introductory 
text to paragraph (c)(2) and restoring paragraphs (i) and (ii); this 
technical correction makes no substantive changes to the final rule but 
merely facilitate its implementation by restoring the regulatory text. 
Because the final rule is the product of an extensive administrative 
record with numerous opportunities--including through written 
comments--for public comment, PHMSA finds that additional comment on 
the technical corrections herein is unnecessary.
    The August 25, 2022, effective date of the revisions contained in 
this notice is authorized under both Section 553(d)(1) and (3) of the 
APA. Section 553(d)(1) provides that a rule should take effect ``not 
less than 30 days'' after publication in the Federal Register except 
for ``a substantive rule which grants or recognizes an exemption or 
relieves a restriction,'' while Section 553(d)(3) allows for earlier 
effectiveness for good cause found by the agency and published within 
the rule. 5 U.S.C. 553(d)(1), (3). ``The purpose of the thirty-day 
waiting period is to give affected parties a reasonable time to adjust 
their behavior before the final rule takes effect.'' Omnipoint Corp. v.

[[Page 50272]]

F.C.C., 78 F.3d 620, 630 (D.C. Cir. 1996). Since this final rule has 
not yet taken effect, the impact on affected parties is minimal and 
such parties will not be adversely impacted by the shortened period 
before the technical correction becomes effective. The technical 
correction of Sec.  173.27 reinstates the intended language of the 
regulations that was inadvertently deleted by the final rule and, in 
accordance with 5 U.S.C. 553(d)(1), is effective August 25, 2022. 
Moreover, PHMSA finds that good cause under Section 553(d)(3) supports 
making the revisions effective August 25, 2022, because the technical 
correction contained in this notice is entirely consistent with the 
final rule--which itself was published in July 2022--and helps promote 
timely compliance with the final rule's requirements before its August 
25, 2022, effective date.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This notice has been evaluated in accordance with existing policies 
and procedures and is considered not significant under Executive Order 
12866 (``Regulatory Planning and Review'') and DOT Order 2100.6A 
(``Rulemaking and Guidance Procedures''); therefore, this notice has 
not been reviewed by the Office of Management and Budget (OMB) under 
Executive Order 12866. PHMSA finds that the technical corrections 
herein (in all respects consistent with the final rule) neither impose 
incremental compliance costs nor adversely affect safety. Overall, 
PHMSA expects any impacts on the expected costs and benefits of the 
final rule will be negligible.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
agencies to review regulations to assess their impact on small entities 
unless the agency head certifies that a rulemaking will not have a 
significant economic impact on a substantial number of small entities 
including 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. The 
Regulatory Flexibility Act directs agencies to establish exceptions and 
differing compliance standards for small businesses, where possible to 
do so and still meet the objectives of applicable regulatory statutes. 
Executive Order 13272 (``Proper Consideration of Small Entities in 
Agency Rulemaking'') \2\ requires agencies to establish procedures and 
policies to promote compliance with the Regulatory Flexibility Act and 
to ``thoroughly review draft rules to assess and take appropriate 
account of the potential impact'' of the rules on small businesses, 
governmental jurisdictions, and small organizations. DOT posts its 
implementing guidance on a dedicated web page.\3\
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    \2\ 67 FR 53461 (Aug. 16, 2002).
    \3\ DOT, ``Rulemaking Requirements Related to Small Entities,'' 
https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities (last accessed June 17, 2021).
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    This final rule was developed in accordance with Executive Order 
13272 and with DOT's procedures and policies to promote compliance with 
the Regulatory Flexibility Act to ensure that potential impacts of 
draft rules on small entities are properly considered. This final rule 
facilitates the transportation of hazardous materials in international 
commerce by providing consistency with international standards. It 
applies to offerors and carriers of hazardous materials, some of whom 
are small entities, such as chemical manufacturers, users, and 
suppliers, packaging manufacturers, distributors, and training 
companies. As discussed at length in the regulatory impact analysis 
(RIA) that accompanied the final rule and was posted in the rulemaking 
docket, the amendments in this rule should result in net cost savings 
that will ease the regulatory compliance burden for those and other 
entities engaged in domestic and international commerce, including 
trans-border shipments within North America. Additionally, the changes 
in this final rule will relieve U.S. companies--including small 
entities competing in foreign markets--from the burden of complying 
with a dual system of regulations. Therefore, PHMSA expects that these 
amendments will not, if adopted, have a significant economic impact on 
a substantial number of small entities. Because the technical 
correction herein will impose no new incremental compliance costs, 
PHMSA understands the analysis in that RIA remains unchanged.

D. Paperwork Reduction Act

    The technical corrections in this notice impose no new or revised 
information collection requirements beyond those discussed in the final 
rule.

E. Unfunded Mandates Reform Act of 1995

    PHMSA analyzed the technical corrections in this notice under the 
factors in the Unfunded Mandates Reform Act of 1995 (UMRA, 2 U.S.C. 
1501 et seq.) and determined that the technical corrections to the 
final rule herein do not impose enforceable duties on state, local, or 
tribal governments or on the private sector of $100 million or more, 
adjusted for inflation, in any one year. PHMSA prepared an analysis of 
the UMRA considerations in the final RIA for the final rule, which is 
available in the docket for the rulemaking. Because the technical 
corrections herein will impose no new incremental compliance costs, 
PHMSA understands the analysis in that UMRA discussion for the final 
rule remains unchanged.

F. National Environmental Policy Act

    The National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 
et seq.) requires federal agencies to prepare a detailed statement on 
major Federal actions significantly affecting the quality of the human 
environment. PHMSA analyzed the final rule in accordance with NEPA, 
implementing Council on Environmental Quality regulations (40 CFR parts 
1500-1508), and DOT implementing policies (DOT Order 5610.1C, 
``Procedures for Considering Environmental Impacts'') and determined 
the final rule would have not significantly impact on the human 
environment. The technical corrections to the final rule in this notice 
have no effect on PHMSA's earlier NEPA analysis as they are consistent, 
and merely facilitate compliance with, the final rule.

G. Privacy Act Statement

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to inform its rulemaking process. DOT posts these comments, 
without edit, including any personal information the commenter 
provides, to www.regulations.gov, as described in the system of records 
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.

H. Executive Order 13132 (Federalism)

    PHMSA has analyzed this notice in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism'').\4\ 
The technical corrections herein are consistent with, and merely 
facilitate compliance with, the final rule, and do not have any 
substantial direct effect 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 beyond what was 
accounted for in the final rule. It does not contain any provision that 
imposes

[[Page 50273]]

any substantial direct compliance costs on state and local governments, 
nor any new provision that preempts state law. Therefore, the 
consultation and funding requirements of Executive Order 13132 do not 
apply.\5\
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    \4\ 64 FR 43255 (Aug. 10, 1999).
    \5\ Moreover, PHMSA determined that the final rule did not 
impose substantial direct compliance costs on State and local 
governments.
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I. Executive Order 12898

    DOT Order 5610.2C (``Department of Transportation Actions to 
Address Environmental Justice in Minority Populations and Low-Income 
Populations'') and Executive Orders 12898 (``Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations''),\6\ 13985 (``Advancing Racial Equity and Support for 
Underserved Communities Through the Federal Government''),\7\ 13990 
(``Protecting Public Health and the Environment and Restoring Science 
To Tackle the Climate Crisis''),\8\ and 14008 (``Tackling the Climate 
Crisis at Home and Abroad'') \9\ require DOT agencies to achieve 
environmental justice as part of their mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health or environmental effects, including interrelated social and 
economic effects of their programs, policies, and activities on 
minority populations, low-income populations, and other underserved and 
disadvantaged communities.
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    \6\ 59 FR 7629 (Feb. 11, 1994).
    \7\ 86 FR 7009 (Jan. 20, 2021).
    \8\ 86 FR 7037 (Jan. 20, 2021).
    \9\ 86 FR 7619 (Feb. 1, 2021).
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    PHMSA evaluated the final rule under the above Executive Orders and 
DOT Order 5610.2C and did not expect the final rule to cause 
disproportionately high and adverse human health and environmental 
effects on minority, low-income, underserved, and other disadvantaged 
populations, and communities. The final rule was facially neutral and 
national in scope; it was neither directed toward a particular 
population, region, or community, nor was it expected to adversely 
impact any particular population, region, or community. Since PHMSA did 
not expect the final rule to adversely affect the safe transportation 
of hazardous materials generally, PHMSA does not expect the technical 
corrections herein to involve disproportionately high adverse risks for 
minority populations, low-income populations, or other underserved and 
other disadvantaged communities.

J. Executive Order 13175

    This document was analyzed in accordance with the principles and 
criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments'') \10\ and DOT Order 
5301.1 (``Department of Transportation Policies, Programs, and 
Procedures Affecting American Indians, Alaska Natives, and Tribes''). 
Because none of the technical revisions have Tribal implications or 
impose substantial direct compliance costs on Indian Tribal 
governments, the funding and consultation requirements of Executive 
Order 13175 do not apply.
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    \10\ 65 FR 67249 (Nov. 6, 2000).
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K. Executive Order 13609 and International Trade Analysis

    Under Executive Order 13609 (``Promoting International Regulatory 
Cooperation''),\11\ agencies must consider whether the impacts 
associated with significant variations between domestic and 
international regulatory approaches are unnecessary or may impair the 
ability of American business to export and compete internationally. In 
meeting shared challenges involving health, safety, labor, security, 
environmental, and other issues, international regulatory cooperation 
can identify approaches that are at least as protective as those that 
are or would be adopted in the absence of such cooperation. 
International regulatory cooperation can also reduce, eliminate, or 
prevent unnecessary differences in regulatory requirements. The 
technical corrections to the final rule in this notice do not impact 
international trade.
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    \11\ 77 FR 26413 (May 4, 2012).
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L. National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act of 1995 (15 
U.S.C. 272 note) directs Federal agencies to use voluntary consensus 
standards in their regulatory activities unless doing so would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., specification of 
materials, test methods, or performance requirements) that are 
developed or adopted by voluntary consensus standard bodies. The final 
rule involved multiple voluntary consensus standards which were 
discussed at length in the discussion on Sec.  171.7.\12\ The technical 
corrections herein do not invoke any voluntary consensus standards, so 
the National Technology Transfer and Advancement Act of 1995 is not 
applicable here.
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    \12\ 87 FR 44948 (July 26, 2022).
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    In FR Doc, 2022-15358 appearing on page 44944 in the Federal 
Register of Tuesday, July 26, 2022, the following correction is made:


Sec.  173.27   [Corrected]

0
1. On page 44991, in the third column, in part 173, in amendment 18., 
the instruction ``In Sec.  173.27, revise paragraph (c)(2), add 
paragraph (f) introductory text, and revise paragraph (f)(1), tables 1 
and 2 to paragraph (f), and the heading to table 3 to paragraph (f) to 
read as follows:'' is corrected to read ``In Sec.  173.27, revise 
paragraph (c)(2) introductory text, add paragraph (f) introductory 
text, and revise paragraph (f)(1), tables 1 and 2 to paragraph (f), and 
the heading to table 3 to paragraph (f) to read as follows:''.

    Issued in Washington, DC, on August 10, 2022, under authority 
delegated in 49 CFR 1.97.
Tristan H. Brown,
Deputy Administrator, Pipeline and Hazardous Materials Safety 
Administration.
[FR Doc. 2022-17525 Filed 8-15-22; 8:45 am]
BILLING CODE 4910-60-P


