[Federal Register Volume 62, Number 85 (Friday, May 2, 1997)]
[Rules and Regulations]
[Pages 24055-24058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11436]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 107 and 190
[Docket No. RSP-3]
RIN 2137-AD00
Availability of Interpretations of Hazardous Materials and
Pipeline Safety Regulations
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
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SUMMARY: In this final rule, RSPA establishes two new informational
sections. The new sections give notice of the availability of informal
guidance and interpretive assistance concerning the Federal hazardous
materials transportation law and the Hazardous Materials Regulations,
as well as the Federal pipeline safety law and the pipeline safety
regulations.
EFFECTIVE DATE: The effective date of these amendments is May 2, 1997.
FOR FURTHER INFORMATION CONTACT: Nancy E. Machado, Office of the Chief
Counsel, (202) 366-4400, RSPA, Department of Transportation, 400
Seventh Street SW., Washington, DC 20590-0001 (for hazardous materials
transportation issues); or, Paul Sanchez, Office of the Chief Counsel,
(202) 366-4400, RSPA, Department of Transportation, 400 Seventh Street
SW., Washington, DC 20590-0001 (for pipeline safety issues).
SUPPLEMENTARY INFORMATION:
Background
On March 29, 1996, the Small Business Regulatory Enforcement
Fairness Act of 1996 (SBREFA), was enacted as Title II of the Contract
with America Advancement Act of 1996, Pub. L. 104-121. Section 213(b)
of SBREFA requires that, prior to March 29, 1997, each Federal agency
that regulates small entities establish a program to answer inquiries
by small entities concerning information on, advice about, and
compliance with, statutes and agency regulations, taking into account
specific facts supplied by the small entity. That section further
provides that guidance given to a small entity may be used as evidence
of the reasonableness or appropriateness of proposed fines, penalties,
or damages in civil and administrative actions. Finally, the section
mandates that each Federal agency report to Congress, by March 29,
1998, on the scope of its program; this report must include the number
of small entities obtaining guidance, and the achievements of the
agency's program.
Hazardous Materials Safety--Part 107
The Federal hazardous material transportation law (Federal hazmat
law), 49 U.S.C. 5101-5127, directs the Secretary of Transportation to
prescribe regulations for the safe transportation of hazardous
materials in commerce. 49 U.S.C. 5103. The Research and Special
Programs Administration (RSPA) is the administration within the
Department of Transportation primarily responsible for implementing the
Federal hazmat law. 49 CFR 1.53. RSPA does so through the Hazardous
Materials Regulations (HMR; 49 CFR Parts 171-180).
The Federal hazmat law and the HMR apply to a person who transports
hazardous materials in commerce; causes hazardous material to be
transported in commerce; or manufactures, fabricates, marks, maintains,
reconditions, repairs, or tests a packaging or container which is
represented, marked, certified, or sold by that person as qualified for
use in transporting a hazardous material in commerce. Many of the
persons involved in these regulated activities are small entities,
including small business concerns and individuals.
RSPA's Office of Hazardous Materials Safety (OHMS) maintains a
telephonic information line dedicated to answering questions concerning
all aspects of regulated hazardous materials activities. Telephonic
assistance is available from 9:00 a.m. to 4:00 p.m. Eastern time,
Monday through Friday, except Federal holidays. At all other times,
callers are requested to leave a recorded message, which is answered by
the next business day.
The information line may be reached via a local, Washington, D.C.
telephone number (202-366-4488), or through a toll-free ``800'' number
(1-800-467-4922). Additionally, a written response to a question on the
Hazardous Materials Regulations may be obtained by writing to RSPA's
Office of Hazardous Materials Standards.
Information may also be obtained by contacting OHMS via the
Internet (http://www.volpe.dot.gov/ohm). Information currently or soon
to be available from OHMS' internet home page includes: (1) Recent
rulemakings published by OHMS, in both text and image files; (2)
Information about upcoming training classes provided by DOT; (3) The
Emergency Response Guidebook, searchable by identification number and
shipping name; (4) The Hazardous Materials Registration form, with
guidance; and (5) The Hazardous
[[Page 24056]]
Materials Incident Report form, with guidance.
Presently, the information line's telephone numbers are published
in RSPA's Hazardous Materials Information Exchange computer bulletin
board, in informational brochures distributed to state and municipal
governmental entities and trade organizations, in newsletters published
by trade organizations, and in various DOT publications. Additionally,
many of these sources also make known the availability of RSPA's
written letters of clarification and assistance with hazardous
materials issues. However, many small entities, including sole
proprietorships, family businesses, and individuals, may not have
access to these sources of information and, correspondingly, may be
unaware of the verbal and written assistance available to them.
Also, RSPA's Office of the Chief Counsel (OCC) is available to
answer questions concerning Federal hazmat law and Federal preemption
of state, local and Indian tribe hazardous materials transportation
requirements. OCC may be contacted by telephone (202-366-4400) from
9:00 a.m. to 4:00 p.m. Eastern time, Monday through Friday, except
Federal holidays. Information and guidance concerning Federal hazmat
law and preemption may also be obtained by writing to OCC or by
contacting OCC via the Internet at http://rspa-atty.dot.gov.
Specifically, OCC's website contains, or will soon contain: an
organizational list; an index to preemption of state and local laws on
hazardous materials transportation; the status of preemption
determination applications; ``hot topic'' summaries of current
significant decisions and events; procedural rules for pipeline safety
administrative enforcement cases; and, a ``feedback'' mechanism to
correspond electronically with OCC staff attorneys.
This rule amends the regulations in Part 107 by adding a new
informational section 107.14. This section describes how to obtain
telephonic assistance on hazardous materials issues, publishes the
local and ``800'' telephone numbers for OHMS' information line and for
OCC, and publishes OHMS' and OCC's Internet addresses. Section 107.14
also contains a paragraph which explains the availability of written
guidance, and publishes the procedure for obtaining this guidance.
Pipeline Safety--Part 190
Federal pipeline safety law, 49 U.S.C. 60101 et seq., directs the
Secretary of Transportation to prescribe minimum safety standards for
pipeline transportation and for pipeline facilities. 49 U.S.C. 60102.
RSPA is the administration within the Department of Transportation
responsible for implementing the pipeline safety law. 49 CFR 1.53. RSPA
does so through the pipeline safety regulations (49 CFR Parts 190-199).
The pipeline safety law and the pipeline safety regulations apply
to owners and operators of pipeline facilities; may apply to the
design, installation, inspection, emergency plans and procedures,
testing, construction, extension, operation, replacement, and
maintenance of pipeline facilities; and include a requirement that all
individuals who operate and maintain pipeline facilities shall be
qualified to operate and maintain the pipeline facilities. There are
more than 20,000 gas and hazardous liquid pipeline companies, of which
only about 1,000 are major companies.
RSPA's Office of Pipeline Safety (OPS) has designated its website
on the Internet and a telephone line at the OPS Washington, D.C.
headquarters as its means of disseminating information concerning small
pipeline operators. It is also anticipated that the OPS regional
offices and inspectors in the field will disseminate information and
provide assistance to small operators. Small operators will be able to
access information on pipeline safety regulations, recent Federal
Register notices, interpretations, waivers, Alert Notices, and other
useful information, including information on the availability of
underground utility damage prevention programs in their region.
The OPS website will clearly display a ``Special Information for
Operators of Small Pipelines and Master Meter Systems'' button. Small
operators will have access to the recently revised ``Guidance Manual
for Operators of Small Natural Gas Systems'' (the Small Gas Operators
Manual), a document that explains how to comply with the pipeline
safety regulations. In addition, small operators will be able to
communicate directly with OPS engineers and regulatory personnel by
clicking on a ``Talk With OPS'' button.
Both the OPS website and information telephone line are staffed by
OPS engineers and regulatory personnel. OPS staff are available between
the hours of 9:00 a.m. and 5:00 p.m. Eastern time, Monday through
Friday, except Federal holidays. The OPS telephone number and OPS
website address are provided in customer brochures. Callers may also be
directed to the information telephone line through the main telephone
line at OPS headquarters. Both services are accessible on a 24-hour
basis. Individuals will be able to leave a recorded voicemail message
by telephone or post a message at the website when OPS personnel are
not present. All messages will receive a response by the following
business day. The telephone number for the OPS information line is
(202) 366-0918 and the OPS website can be accessed via the Internet at
http://www.dot.ops.gov.
Also, OCC is available to answer questions concerning pipeline
safety law, the statutory authority underlying RSPA's pipeline
regulations. OCC may be contacted by telephone (202-366-4400) from 9:00
a.m. to 4:00 p.m. Eastern time, Monday through Friday, except Federal
holidays. Information and guidance concerning pipeline safety law may
also be obtained by writing to OCC or by contacting OCC via the
Internet at http://rspa-atty.dot.gov. Specifically, OCC's website
contains, or will soon contain: an organizational list; an index to
preemption of state and local laws on hazardous materials
transportation; the status of preemption determination applications;
``hot topic'' summaries of current significant decisions and events;
procedural rules for pipeline safety administrative enforcement cases;
and, a ``feedback'' mechanism to correspond electronically with OCC
staff attorneys.
This rule will amend the pipeline safety regulations by adding a
new informational regulation located at Sec. 190.11. This section: (1)
Sets out the availability of assistance via the OPS and OCC websites on
the Internet and by telephone with respect to pipeline safety issues;
(2) provides the OPS and OCC website Internet addresses; and (3)
provides the OPS and OCC telephone numbers.
Effective Date
Because the amendments adopted herein are for informational
purposes only and impose no new regulatory burden on any person, notice
and public procedure are unnecessary. For these same reasons, these
amendments are being made effective without the usual 30-day delay
following publication.
Rulemaking Analysis and Notices
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. The rule is not
significant according to the Regulatory Policies and Procedures of the
Department of Transportation (44 FR 11034). The changes adopted in this
[[Page 24057]]
rule do not result in any additional costs to the public or the agency.
Because of the minimal economic impact of this rule, preparation of a
regulatory evaluation is not warranted.
Executive Order 12612
This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 12612 (``Federalism'') and does not
have sufficient Federalism impacts to warrant the preparation of a
federalism assessment.
Regulatory Flexibility Act
I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. This rule does not
impose any new requirements; thus, there are no direct or indirect
adverse economic impact for small units of government, businesses or
other organizations.
Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
Regulation Identifier Number
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
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Packaging and containers, Penalties.
49 CFR Part 190
Administrative practice and procedure, Pipeline safety.
In consideration of the foregoing, 49 CFR parts 107 and 190 are
amended as follows:
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
1. The authority citation for part 107 is revised to read as
follows:
Authority: 49 U.S.C. 5101-5127, 44701; Sec. 212-213, Pub. L.
104-121, 110 Stat. 857; 49 CFR 1.45, 1.53.
2. In subpart A, a new Sec. 107.14 is added to read as follows:
Sec. 107.14 Availability of informal guidance and interpretive
assistance.
(a) Availability of telephonic and Internet assistance. (1) RSPA
has a toll-free, telephonic information line which provides answers to
inquiries by small entities and other parties concerning information on
and advice about compliance with the hazardous materials regulations,
49 CFR parts 171-180. The information line is staffed from 9:00 a.m.
through 4:00 p.m., Eastern time, Monday through Friday, except Federal
holidays. When the information line is not staffed, callers leave a
recorded message, which will be answered by the next business day. The
telephone numbers for the information line are: 1-800-467-4922 (that
is; 1-800-HMR49-22 toll free), or 202-366-4488 (Washington, DC area).
Additionally, information may be obtained from the Office of Hazardous
Materials Safety via the Internet at http://www.volpe.dot.gov/ohm.
(2) RSPA's Office of the Chief Counsel (OCC) is available to answer
questions concerning Federal hazardous material transportation law, 49
USC 5101 et seq. and Federal preemption of state, local and Indian
tribe hazardous material transportation requirements. OCC may be
contacted by telephone (202-366-4400) from 9:00 a.m. to 4:00 p.m.
Eastern time, Monday through Friday, except Federal holidays.
Information and guidance concerning Federal hazardous material
transportation law and preemption may also be obtained by contacting
OCC via the Internet at http://rspa-atty.dot.gov.
(b) Availability of Written Interpretations. (1) A written
regulatory clarification, response to a question, or an opinion
concerning hazardous materials offering, transporting, or packaging
requirements may be obtained by submitting a written request to the
RSPA Office of Hazardous Materials Standards (DHM-10), U.S. Department
of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
The requestor must include his or her return address and should also
include a daytime telephone number.
(2) A written interpretation regarding Federal hazardous material
transportation law, 49 USC 5101 et seq., may be obtained from the
Office of the Chief Counsel (DCC-1) RSPA, U.S. Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. The
requestor must include his or her return address and should also
include a daytime telephone number.
PART 190--PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES
3. The authority citation for part 190 is revised to read as
follows:
Authority: 33 U.S.C. 1321; 49 U.S.C. 5101-5127, 60101 et seq.;
Sec. 212-213, Pub. L. 104-121, 110 Stat. 857; 49 CFR 1.53.
4. In subpart A, a new Sec. 190.11 is added to read as follows:
Sec. 190.11 Availability of informal guidance and interpretive
assistance.
(a) Availability of telephonic and Internet assistance. (1) RSPA
has established a website on the Internet and a telephone line at the
Office of Pipeline Safety headquarters where small operators and others
can obtain information on and advice about compliance with pipeline
safety regulations, 49 CFR parts 190-199. The website and telephone
line are staffed by personnel from RSPA's Office of Pipeline Safety
from 9:00 a.m. through 5:00 p.m., Eastern time, Monday through Friday,
except Federal holidays. When the lines are not staffed, individuals
may leave a recorded voicemail message, or post a message at the OPS
website. All messages will receive a response by the following business
day. The telephone number for the OPS information line is (202) 366-
0918 and the OPS website can be accessed via the Internet at http://
www.dot.ops.gov.
(2) RSPA's Office of the Chief Counsel (OCC) is available to answer
questions concerning Federal pipeline safety law, 49 U.S.C. 60101 et
seq. OCC may be contacted by telephone (202-366-4400) from 9:00 a.m. to
4:00 p.m. Eastern time, Monday through Friday, except Federal holidays.
Information and guidance concerning Federal pipeline safety law may
also be obtained by contacting OCC via the Internet at http://rspa-
atty.dot.gov.
(b) Availability of Written Interpretations. (1) A written
regulatory interpretation, response to a question, or an opinion
concerning a pipeline safety issue may be obtained by submitting a
written request to the Office of Pipeline Safety (DPS-10), RSPA, U.S.
Department of Transportation, 400 Seventh Street, SW., Washington, DC
20590-0001. The requestor must include his or her return address and
should also include a daytime telephone number.
(2) A written interpretation regarding Federal pipeline safety law,
49 U.S.C 60101 et seq., may be obtained from the Office of the Chief
Counsel, RSPA, U.S. Department of Transportation, 400 Seventh Street,
SW., Washington, DC
[[Page 24058]]
20590-0001. The requestor must include his or her return address and
should also include a daytime telephone number.
Issued in Washington, DC on April 18, 1997, under the authority
delegated in 49 C.F.R. 1.53.
Kelley S. Coyner,
Deputy Administrator.
[FR Doc. 97-11436 Filed 5-1-97; 8:45 am]
BILLING CODE 4910-60-P
