[Federal Register Volume 64, Number 243 (Monday, December 20, 1999)]
[Proposed Rules]
[Pages 71098-71100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32888]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
[Docket No. RSPA-99-5143, N-99-4]
49 CFR Parts 106, 107, and 171
Regulatory Flexibility Act Section 610 and Plain Language Reviews
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of regulatory review; request for comments.
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SUMMARY: RSPA requests comments on the economic impact of its
regulations on small entities. As required by the Regulatory
Flexibility Act and as published in DOT's Semi-Annual Regulatory
Agenda, we are analyzing the rules on Rulemaking and Program Procedures
and General Information, Regulations, and Definitions to identify rules
that may have a significant economic impact on a substantial number of
small entities. We also request comments on ways to make these
regulations easier to read and understand.
DATES: Comments must be received by March 22, 2000.
ADDRESSES: Address written comments to the Dockets Management System,
U.S. Department of Transportation, Room PL-401, 400 Seventh Street, SW,
Washington, DC 20590-0001. Identify the docket number RSPA-99-5143 at
the beginning of your comments and submit two copies. If you want to
receive confirmation of receipt of your comments, include a self-
addressed, stamped postcard. You can also submit comments by e-mail by
accessing the Dockets Management System on the Internet at ``http://
dms.dot.gov'' or by fax to (202) 366-3753.
The Dockets Management System is located on the Plaza Level of the
Nassif Building at the Department of Transportation at the above
address. You can review public dockets there between the hours of 9
a.m. and 5 p.m., Monday through Friday, except federal holidays. In
addition, you can review comments by accessing the Dockets Management
System at ``http://dms.dot.gov.''
FOR FURTHER INFORMATION CONTACT: Susan Gorsky, Office of Hazardous
Materials Standards, Research and Special Programs Administration, U.S.
Department of Transportation, telephone (202) 366-8553; or Donna
O'Berry, Office of Chief Counsel, Research and Special Programs
Administration, U.S. Department of
[[Page 71099]]
Transportation, telephone (202) 366-4400.
SUPPLEMENTARY INFORMATION:
I. Section 610 of the Regulatory Flexibility Act
A. Background and Purpose
Section 610 of the Regulatory Flexibility Act of 1980 (Pub. L. 96-
354), as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (Pub. L. 104-121), requires agencies to conduct periodic
reviews of rules that have a significant economic impact on a
substantial number of small business entities. The purpose of the
reviews is to determine whether such rules should be continued without
change, amended, or rescinded, consistent with the objectives of
applicable statutes, to minimize any significant economic impact of the
rules on a substantial number of such small entities.
B. Review Schedule
The Department of Transportation (DOT) published its Semiannual
Regulatory Agenda on November 22, 1999, listing in Appendix D (64 FR
64684) those regulations that each operating administration will review
under section 610 during the next 12 months. Appendix D also contains
DOT's 10-year review plan for all of its existing regulations.
The Research and Special Programs Administration (RSPA, ``we'') has
divided its Hazardous Materials Regulations (HMR; 49 CFR Parts 171 to
180) into 10 groups by subject area. Each group will be reviewed once
every 10 years, undergoing a two-stage process--an Analysis Year and a
Section 610 Review Year. For purposes of these reviews, a year will
coincide with the fall-to-fall publication schedule of the Semiannual
Regulatory Agenda. Thus, Year 1 (1998) began in the fall of 1998 and
ends in the fall of 1999; Year 2 (1999) begins in the fall of 1999 and
ends in the fall of 2000; and so on.
During the Analysis Year, we will analyze each of the rules in a
given year's group to determine whether any rule has a significant
impact on a substantial number of small entities and, thus, requires
review in accordance with section 610 of the Regulatory Flexibility
Act. In each fall's Regulatory Agenda, we will publish the results of
the analyses we completed during the previous year. For rules that have
a negative finding, we will provide a short explanation. For parts,
subparts, or other discrete sections of rules that do have a
significant impact on a substantial number of small entities, we will
announce that we will be conducting a formal section 610 review during
the following 12 months.
The section 610 review will determine whether a specific rule
should be revised or revoked to lessen its impact on small entities. We
will consider: (1) The continued need for the rule; (2) the nature of
complaints or comments received from the public; (3) the complexity of
the rule; (4) the extent to which the rule overlaps, duplicates, or
conflicts with other federal rules or with state or local government
rules; and (5) the length of time since the rule has been evaluated or
the degree to which technology, economic conditions, or other factors
have changed in the area affected by the rule. At the end of the review
year, we will publish the results of our review.
The following table shows the 10-year analysis and review schedule:
RSPA Section 610 Review Plan
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Year Title Regulation Analysis Review
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1............. Incident reports Secs. 171.15 1998 N/A
and 171.16.
2............. Hazmat Program Parts 106 and 1999 2000
Procedures 107, Part 171.
General
Information,
Regulations,
and Definitions.
3............. Carriage by Rail Parts 174 and 2000 2001
and Highway. 177.
4............. Carriage by Part 176........ 2001 2002
Vessel.
5............. Radioactive Parts 172, 173, 2002 2003
Materials. 174, 175, 176,
177, 178.
6............. Explosives Parts 172, 173, 2003 2004
Cylinders. 174, 176, 177,
178.
Parts 172, 173,
178, 180.
7............. Shippers--Genera Part 173........ 2004 2005
l Requirements
for Shipments
and Packagings.
8............. Specifications Part 178........ 2005 2006
for Non-bulk
Packagings.
9............. Specifications Parts 178, 179, 2006 2007
for Bulk 180.
Packagings.
10............ Hazardous Part 172........ ......... .........
Materials
Table, Special
Provisions,
Hazardous
Materials
Communications,
Emergency
Response
Information,
and Training
Requirements.
Carriage by Part 175........ 2007 2008
Aircraft.
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C. Regulations Under Analysis
During Year 2 (1999), the Analysis Year, we will conduct a
preliminary assessment of the rules in 49 CFR Parts 106 and 107,
Rulemaking and Program Procedures, and Part 171, General Information,
Regulations, and Definitions.
Part 106, Rulemaking Procedures, includes the following sections:
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Section Title
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106.1..................................... Scope.
106.3..................................... Delegations.
106.5..................................... Regulatory dockets.
106.7..................................... Records.
106.9..................................... Where to file petitions.
106.11.................................... General.
106.13.................................... Initiation of rulemaking.
106.15.................................... Contents of notices of
proposed rulemaking.
106.17.................................... Participation by interested
persons.
106.19.................................... Petitions for extension of
time to comment.
106.21.................................... Contents of written
comments.
106.23.................................... Consideration of comments
received.
106.25.................................... Additional rulemaking
proceedings
106.27.................................... Hearings.
106.29.................................... Adoption of final rules.
106.31.................................... Petitions for rulemaking.
106.33.................................... Processing of petition.
106.35.................................... Petitions for
reconsideration.
[[Page 71100]]
106.37.................................... Proceedings on petitions for
reconsideration.
106.38.................................... Appeals.
106.39.................................... Direct final rulemakings.
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Part 107, Hazardous Materials Program Procedures, includes the
following subparts:
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Subpart Title
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Subpart A................................. General Provisions.
Subpart B................................. Exemptions.
Subpart C................................. Preemption--Preemption
Determinations and Waiver
of Preemption
Determinations.
Subpart D................................. Enforcement--Compliance
Orders and Civil Penalties,
Criminal Penalties,
Injunctive Action.
Subpart E................................. Designation of Approval and
Certification Agencies.
Subpart F................................. Registration of Cargo Tank
and Cargo Tank Motor
Vehicle Manufacturers and
Repairers and Cargo Tank
Motor Vehicle Assemblers.
Subpart G................................. Registration of Persons Who
Offer or Transport
Hazardous Materials.
Subpart H................................. Approvals, Registrations,
and Submissions.
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Part 171, General Information, Regulations, and Definitions,
includes the following sections:
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Section Title
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171.1..................................... Purpose and scope.
171.2..................................... General requirements.
171.3..................................... Hazardous waste.
171.4..................................... Marine pollutants.
171.6..................................... Control numbers under
Paperwork Reduction Act.
171.7..................................... Reference material.
171.8..................................... Definitions and
abbreviations.
171.9..................................... Rules of construction.
171.10.................................... Units of measure.
171.11.................................... Use of ICAO Technical
Instructions.
171.12.................................... Import and export shipments.
171.12a................................... Canadian shipments and
packagings.
171.14.................................... Transitional provisions for
implementing requirements
based on the UN
recommendations.
171.19.................................... Approvals or authorizations
issued by the Bureau of
Explosives.
171.20.................................... Submission of Examination
Reports.
171.21.................................... Assistance in investigations
and special studies.
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We are seeking comments on whether any requirements in Part 106,
107, or 171 have a significant impact on a substantial number of small
entities. ``Small entities'' include 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. If your business or organization is a small
entity and if any of the requirements in Parts 106, 107, or 171 have a
significant economic impact on your business or organization, please
submit a comment to explain how and to what degree these rules affect
you, the extent of the economic impact on your business or
organization, and why you believe the economic impact is significant.
II. Plain Language
A. Background and Purpose
The National Partnership for Reinventing Government (NPR) has
recommended that the federal government develop a more customer-
oriented approach, particularly concerning government regulations and
publications. The NPR recommendations suggest that agencies simplify
and, as appropriate, rewrite rules and regulations in performance-
based, plain-language formats.
Plain language helps readers find requirements quickly and
understand them easily. Examples of plain language techniques include:
(1) Undesignated center headings to cluster related sections within
subparts.
(2) Short words, sentences, paragraphs, and sections to speed up
reading and enhance understanding.
(3) Sections as questions and answers to provide focus.
(4) Personal pronouns to reduce passive voice and draw readers into
the writing.
(5) Tables to display complex information in a simple, easy-to-read
format.
President Clinton issued an Executive Memorandum on June 1, 1998,
calling for agencies to write documents using ``easy-to-read design
features.'' To ensure the use of plain language, the President directed
agencies to use plain language in all new documents, other than
regulations, by October 1, 1998, and to use plain language in all
proposed and final rulemakings published in the Federal Register after
January 1, 1999. The President also directed agencies to consider
rewriting existing regulations in plain language when they have the
opportunity and resources to do so. For an example of a rule drafted in
plain language, you can refer to RSPA's notice of proposed rulemaking
entitled ``Revised and Clarified Hazardous Materials Safety Rulemaking
and Program Procedures,'' which was published December 11, 1998 (63 FR
68624). This NPRM proposed to rewrite part 106 and Subpart A of part
107 in plain language and to create a new part 105 that would contain
definitions and general procedures. We are currently in the process of
evaluating comments received in response to the NPRM.
B. Review Schedule
In conjunction with our section 610 reviews, we will be performing
plain language reviews of the HMR over a ten-year period on a schedule
consistent with the section 610 review schedule. Thus, our review of
parts 107 and 171 under section 610 will also include a plain language
review to determine if the regulations can be reorganized and/or
rewritten to make them easier to read, understand, and use. We
encourage interested persons to submit draft regulatory language that
clearly and simply communicates regulatory requirements, and other
recommendations, such as for putting information in tables, that may
make the regulations easier to use.
Issued in Washington, DC on December 13, 1999, under authority
delegated in 49 CFR part 106.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety, Research and
Special Programs Administration.
[FR Doc. 99-32888 Filed 12-17-99; 8:45 am]
BILLING CODE 4910-60-P
