[Federal Register Volume 64, Number 157 (Monday, August 16, 1999)]
[Rules and Regulations]
[Pages 44426-44428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21074]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 172 and 173
[Docket No. RSPA-98-4185 (HM-215C)]
RIN 2137-AD15
Harmonization with the United Nations Recommendations,
International Maritime Dangerous Goods Code, and International Civil
Aviation Organization's Technical Instructions
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule; corrections and response to two petitions for
reconsideration.
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SUMMARY: On March 5, 1999, RSPA published a final rule under Docket HM-
215C that amended the Hazardous Materials Regulations to maintain
alignment with corresponding provisions of international standards.
Changes to the International Maritime Dangerous Goods Code (IMDG Code),
the International Civil Aviation Organization's Technical Instructions
for the Safe Transport of Dangerous Goods by Air (ICAO Technical
Instructions), and the United Nations Recommendations on the Transport
of Dangerous Goods (UN Recommendations) necessitated amendments to
domestic regulations to provide consistency with international
transport requirements and to facilitate the transport of hazardous
materials in international commerce. This final rule makes certain
corrections to the March 5 final rule and responds to two petitions for
reconsideration.
DATES: Effective Date: October 1, 1999.
Delayed Compliance Date: October 1, 2000.
FOR FURTHER INFORMATION CONTACT: Bob Richard, Assistant International
Standards Coordinator, telephone (202) 366-0656 or Joan McIntyre,
Office of Hazardous Materials Standards, telephone (202) 366-8553,
Research and Special Programs Administration, US Department of
Transportation, 400 Seventh Street, SW, Washington, D.C. 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Introduction
On March 5, 1999, RSPA published a final rule under Docket HM-215C
(64 FR 10742) to maintain alignment with recent changes to
corresponding provisions in international standards. This final rule
corrects various errors and denies two petitions for reconsideration to
the March 5, 1999 final rule. A document correcting printing errors
appears elsewhere in today's edition of the Federal Register.
II. Section-by-Section Review
Section 172.101
The Hazardous Materials Advisory Council (HMAC) petitioned RSPA to
replace the plus sign (``+'') with a different symbol for materials
classified on the basis of human experience. (The plus sign fixes the
proper shipping name, hazard class and packing group for a hazardous
material entry in the Hazardous Materials Table, regardless of the
actual hazard characteristics of the material.)
HMAC stated:
To distinguish between materials that are classified on the
basis of human experience and those that have been assigned a
particular classification and/or packing group for other reasons,
HMAC believes a different symbol, perhaps the pound (#) sign, would
be better suited for this purpose. There are important differences
in the ability of a shipper to reclassify dilute mixtures or
solutions of these substances. For example, as pointed out in the
preamble, a mixture or solution containing Epichlorohydrin, a
material classified by human experience, could have a different PSN
if the appropriate tests indicate it does not meet the corresponding
hazard class. However, for materials assigned the ``+'' symbol for
other reasons, Sec. 172.101(b)(1) requires the authorization of the
Associate Administrator for Hazardous Materials Safety to change the
PSN and hazard class.
RSPA disagrees with the need to distinguish between materials that
are classed on the basis of human experience and those that have been
assigned a particular classification or packing group. First, any
material preceded by a plus sign can be classed differently and
assigned a different proper shipping name when in a solution or mixture
which justifies that different classification. Second, any material
preceded by a plus sign can be authorized by the Associate
Administrator to be reclassed and assigned a different proper shipping
name. Therefore, there is no apparent benefit for distinguishing
between those ``plus-marked'' materials that are classed on the basis
of human experience and those that are classed for other reasons, and
the petition for reconsideration is denied.
The Hazardous Materials Table (HMT).
For the entries ``Aviation regulated liquid, n.o.s.'' and
``Aviation regulated solid, n.o.s.,'' the ``A'' was mistakenly omitted
in the NPRM and the final rule and is reinstated in this document.
The entries ``Compounds, tree killing, liquid or Compounds, weed
killing, liquid,'' NA1760 and NA1993 were amended by adding a ``G'' in
Column (1) of the HMT to identify the entries as requiring a technical
name in parentheses and in association with the basic description.
However, the entry ``Compounds, tree killing, liquid or Compounds, weed
killing, liquid,'' NA2810 was mistakenly omitted in the NPRM and the
final rule. RSPA is reinserting that entry and adding the letter ``G''
in this final rule.
The entries ``Hydrocarbon gas mixture, compressed, n.o.s.'' and
``Hydrocarbon gas mixture, liquefied, n.o.s.'' are corrected by
removing the letter ``G'' from Column (1). These two entries were
listed correctly in the NPRM (63 FR 44312), as not requiring a
technical name; however, in the final rule the letter ``G'' was
mistakenly added.
Section 172.101 Appendix B to Sec. 172.101--List of Marine Pollutants
For the entry ``normal-heptaldehyde,'' RSPA proposed to remove the
severe marine pollutant designation (``PP''). Due to a typographical
error, this entry was misspelled and printed twice, one with the ``PP''
designation and one without. This final rule removes the entries and
replaces them with ``n-Heptaldehyde.''
[[Page 44427]]
Section 172.203
RSPA is removing paragraphs (k)(1) and (m)(2), which require n.o.s.
descriptions to be supplemented with the technical name. The final rule
adopted the letter ``G'' in Column (1) of the HMT to identify generic
and n.o.s. entries that must be supplemented with a technical name.
Therefore, these paragraphs are no longer necessary. In addition, RSPA
is adding a sentence to paragraph (k) introductory text to alert
readers about the letter ``G'' designator in Column (1) of the HMT.
With the removal of paragraph (k)(1), paragraphs (k)(2) and (k)(3) are
redesignated as paragraphs (k)(1) and (k)(2), respectively. With the
removal of paragraph (m)(2), paragraph (m)(3) is redesignated as
paragraph (m)(2).
Section 172.504
Although the wording in the regulatory text is correct in the March
5, 1999 final rule, RSPA notes that the preamble discussion mistakenly
included the words ``or adjacent to the POISON label.''
Section 173.28
Certain existing text, which was omitted in the final rule and
resulted in the unintentional removal of an exception, is reinstated in
this final rule. The exception provides that replacing a removable
gasket or closure device on a UN 1H1 plastic drum with one of the same
design and material providing equivalent performance does not
constitute reconditioning.
Section 173.32c
Due to a typographical error in paragraph (j), the word ``not'' was
inadvertently omitted from the first sentence concerning the filling
restriction and is added in this document. The intent of this
prohibition was clearly indicated in the preamble of the final rule.
Section 173.222
In introductory paragraph (c) and paragraph (c)(4), an incorrect
limitation of this requirement to transportation by aircraft is
removed. The requirement applies to all modes of transportation.
Section 178.603
RSPA received a petition for reconsideration from the Conference on
Safe Transportation of Hazardous Articles, Inc. (COSTHA) requesting an
amendment to Sec. 178.603(f)(5) concerning the drop test criteria.
COSTHA expressed concern that the requirements for combination
packagings are more stringent than those for drums, jerricans and bags.
COSTHA's request is beyond the scope of this rulemaking and will be
considered in a separate rulemaking.
III. Rulemaking Analyses and Notices
A. 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
considered a significant rule under the Regulatory Policies and
Procedures of the Department of Transportation (44 FR 11034).
B. Executive Order 12612
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 12612 (``Federalism'').
Federal hazardous materials transportation law, 49 U.S.C. 5701-5127,
contains an express preemption provision (49 U.S.C. 5125(b)) that
preempts State, local, and Indian tribe requirements on certain covered
subjects. Covered subjects are:
(i) The designation, description, and classification of hazardous
material;
(ii) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(iii) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
(iv) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or
(v) The design, manufacturing, fabricating, marking, maintenance,
reconditioning, repairing, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This final rule addresses covered subjects under items i, ii, iii
and v above and, adopted as final, would preempt State, local, or
Indian tribe requirements not meeting the ``substantively the same''
standard. Federal hazardous materials transportation law provides at
Sec. 5125(b)(2) that if DOT issues a regulation concerning any of the
covered subjects DOT must determine and publish in the Federal Register
the effective date of Federal preemption. The effective date may not be
earlier than the 90th day following the date of issuance of the final
rule and not later than two years after the date of issuance. RSPA has
determined that the effective date of Federal preemption for these
requirements is February 14, 2000. Thus, RSPA lacks discretion in this
area, and preparation of a federalism assessment is not warranted.
C. Executive Order 13084
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13084 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not significantly or uniquely affect the Indian tribal
communities, the funding and consultation requirements of the Executive
Order do not apply.
D. Regulatory Flexibility Act
This final rule corrects certain provisions incorporated into the
Hazardous Materials Regulations based on changes introduced in the
tenth revised edition of the UN Recommendations, the 1997-98 ICAO
Technical Instructions, and Amendment 29 to the IMDG Code (Docket HM-
215C, 64 FR 10742). (The ICAO Technical Instructions and the IMDG Code
were updated in a final rule, published October 29, 1998 (Docket HM-
215C; 63 FR 44312).) This final rule applies to offerors and carriers
of hazardous materials and will facilitate the transportation of
hazardous materials in international commerce by providing consistency
with international requirements. The costs associated with this final
rule are considered to be so minimal as to not warrant preparation of a
regulatory impact analysis or regulatory evaluation. Therefore, I
certify that this final rule will not have a significant economic
impact on a substantial number of small entities.
E. Paperwork Reduction Act
The requirements for information collection have been approved by
the Office of Management and Budget (OMB) under OMB control numbers
2137-0034 for shipping papers and 2137-0557 for approvals. Under the
Paperwork Reduction Act of 1995, no person is required to respond to a
collection of information unless it displays a valid OMB control
number.
F. 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.
[[Page 44428]]
G. Unfunded Mandates Reform Act
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$100 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.
List of Subjects
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Labeling, Markings, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
1. The authority citation for part 172 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 172.101 [Amended]
2. In the Sec. 172.101 Hazardous Materials Table, in Column (1), as
amended at 64 FR 10753 effective October 1, 1999, the following changes
are made:
a. In Column (1), for the entries ``Aviation regulated liquid,
n.o.s.'' and ``Aviation regulated solid, n.o.s.'', the letter ``A'' is
added in alphabetical order.
b. In Column (1), for the entry, ``Compounds, tree killing, liquid
or Compounds, weed killing, liquid'' (NA2810), the letter ``G'' is
added in alphabetical order.
c. For the entries ``Hydrocarbon gas mixture, compressed, n.o.s.''
and ``Hydrocarbon gas mixture, liquefied, n.o.s.'', the letter ``G'' is
removed each place it appears.
3. In Appendix B to Sec. 172.101, the List of Marine Pollutants is
amended by removing two entries and adding one entry in alphabetical
order to read as follows:
Appendix B to Sec. 172.101--List of Marine Pollutants
------------------------------------------------------------------------
S.M.P. (1) Marine pollutant (2)
------------------------------------------------------------------------
[REMOVE:]
PP...................................... normal-Heptyl aldehyde.
normal-heptaldehyde.
[ADD:]
* * * * *
n-Heptaldehyde.
* * * * *
------------------------------------------------------------------------
4. In Sec. 172.203, in paragraph (k) introductory text, a new
sentence is added at the end to read as follows:
Sec. 172.203 Additional description requirements.
* * * * *
(k) * * * Shipping descriptions for toxic materials that meet the
criteria of Division 6.1, PG I or II (as specified in Sec. 173.132(a)
of this subchapter) or Division 2.3 (as specified in Sec. 173.115(c) of
this subchapter) and are identified by the letter ``G'' in Column (1)
of the Sec. 172.101 Table, must have the technical name of the toxic
constituent entered in parentheses in association with the basic
description.
* * * * *
Sec. 172.203 [Amended]
5. In addition, in Sec. 172.203 as amended at 64 FR 10775 effective
October 1, 1999, the following changes are made:
a. Paragraph (k)(1) is removed.
b. Paragraphs (k)(2) and (k)(3) are redesignated as paragraphs
(k)(1) and (k)(2), respectively.
c. Paragraph (m)(2) is removed.
d. Paragraph (m)(3) is redesignated as paragraph (m)(2).
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
6. The authority citation for part 173 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.
7. In Sec. 173.28, in paragraph (c)(2)(iii), as revised at 64 FR
10776 effective October 1, 1999, ``; and'' is removed at the end of the
sentence and a period is added in their place and a new sentence is
added to read as follows:
Sec. 173.28 Reuse, reconditioning and remanufacture of packagings.
* * * * *
(c) * * *
(2) * * *
(iii) * * * (For a UN 1H1 plastic drum, replacing a removable
gasket or closure device with another of the same design and material
that provides equivalent performance does not constitute
reconditioning); and
* * * * *
Sec. 173.28 [Amended]
8. In addition, in Sec. 173.28, in paragraph (c)(2) introductory
text, as revised at 64 FR 10776 effective October 1, 1999, the wording
``or a UN 1H1 plastic drum'' is added immediately following the words
``other than a metal drum'.
Sec. 173.32c [Amended]
9. In Sec. 173.32c, in paragraph (j), as revised at 64 FR 10777
effective October 1, 1999, in the first sentence, the wording ``may be
loaded to'' is removed and the words ``may not be loaded to'' are added
in its place.
Sec. 173.222 [Amended]
10. In Sec. 173.222, as revised at 64 FR 10779 effective October 1,
1999, the following changes are made:
a. In paragraph (c) introductory text, the wording ``For
transportation by aircraft, the'' is removed and ``The'' is added in
its place.
b. In paragraph (c)(4), the wording ``and is offered for
transportation by aircraft'' is removed.
Issued in Washington, DC, on August 9, 1999, under authority
delegated in 49 CFR part 1.
Kelley S. Coyner,
Administrator.
[FR Doc. 99-21074 Filed 8-13-99; 8:45 am]
BILLING CODE 4910-60-P
