[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50908-50911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24399]
[[Page 50907]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
_______________________________________________________________________
49 CFR Parts 106 and 190
Pipeline Safety Rulemaking Procedures; Final Rule
Federal Register / Vol. 61, No. 189 / Friday, September 27, 1996 /
Rules and Regulations
[[Page 50908]]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 106 and 190
[Docket RSP-2; Admt. Nos. 106-12, 190-1]
RIN 2137-AC94
Pipeline Safety Rulemaking Procedures
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
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SUMMARY: RSPA is replicating in 49 CFR Part 190 its rulemaking
procedures presently found in 49 CFR Part 106. This will enable persons
in the pipeline industry to obtain a single volume of the Code of
Federal Regulations that contains both the pipeline safety program
regulations and the pipeline rulemaking procedures. The intended effect
of this action is to reduce the pipeline industry's cost of purchasing
regulations and to increase user convenience by placing the rulemaking
procedures in the same volume with program procedures. RSPA has taken
these actions in response to President Clinton's regulatory reinvention
initiative.
EFFECTIVE DATE: October 1, 1996.
FOR FURTHER INFORMATION CONTACT: Paul Sanchez, Attorney, Office of the
Chief Counsel, RSPA, Department of Transportation, 400 Seventh Street,
SW., Washington, DC 20590-0001; Telephone (202) 366-4400; or online at
paul.sanchez@rspa.dot.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 4, 1995, President Clinton issued a memorandum to heads of
departments and agencies calling for a review of all agency regulations
to eliminate or revise those regulations that are outdated or in need
of reform. In response to the President's directive, RSPA extensively
reviewed its Hazardous Materials Regulations (HMR; 49 CFR Parts 171-
180), Pipeline Safety Regulations (49 CFR Parts 190-199) and its
procedural rules in 49 CFR Parts 106, 107 and 110.
In its review, RSPA determined that it could eliminate sufficient
HMR pages to facilitate the future publication of separate, stand-alone
Code of Federal Regulation volumes for the HMR and the pipeline safety
regulations. To do this, it is necessary to reproduce in the pipeline
safety regulations the rulemaking procedures currently in Part 106.
This action will enable persons in the pipeline industry to obtain a
single volume of the CFR that contains both the pipeline safety
regulations and the applicable rulemaking procedures. This rulemaking
replicates in Part 190 the rulemaking procedures existing in Part 106,
including those changes made in the final rule published June 14, 1996
(FR 30175). Since this rulemaking does not impose new requirements,
notice and public procedure are unnecessary. For the same reason, there
is good cause to make these amendments effective without the customary
30-day delay following publication. This will allow the changes to
appear in the next revision of 49 CFR.
II. Regulatory Analyses 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 was not reviewed by the
Office of Management and Budget. The rule is not considered significant
under the regulatory policies and procedures of the Department of
Transportation (44 FR 11034). The economic impact of this rule is
minimal to the extent that the preparation of a regulatory evaluation
is not warranted.
Executive Order 12612
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 12612 (``Federalism''), and
RSPA has determined that preparation of a federalism assessment is not
warranted.
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 on persons subject to the HMR or the
Pipeline Safety Regulations.
Paperwork Reduction Act
This final rule does not impose any new information collection
requirements.
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.
List of Subjects
49 CFR Part 106
Administrative practice and procedure, Hazardous materials
transportation, Oil.
49 CFR Part 190
Administrative practice and procedure, Pipeline safety.
In consideration of the foregoing, 49 CFR chapter I is amended as
follows:
1. The heading of subchapter A of Chapter I is revised to read as
follows:
Subchapter A--Hazardous Materials and Oil Transportation
PART 106--RULEMAKING PROCEDURES
2. The authority citation for part 106 is revised to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 106.3 [Amended]
3. In Sec. 106.3, paragraph (b) is removed and paragraph (c) is
redesignated as paragraph (b).
Subchapter D--Pipeline Safety
PART 190 --PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES
4. The heading of part 190 is revised to read as set forth above:
5. 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.;
49 CFR 1.53.
6. Subpart C is added to part 190 to read as follows:
Subpart C--Procedures for Adoption of Rules
Sec.
190.301 Scope.
190.303 Delegations.
190.305 Regulatory dockets.
190.307 Records.
190.309 Where to file petitions.
190.311 General.
190.313 Initiation of rulemaking.
190.315 Contents of notices of proposed rulemaking.
190.317 Participation by interested persons.
190.319 Petitions for extension of time to comment.
190.321 Contents of written comments.
190.323 Consideration of comments received.
190.325 Additional rulemaking proceedings.
190.327 Hearings.
190.329 Adoption of final rules.
190.331 Petitions for rulemaking.
190.333 Processing of petition.
190.335 Petitions for reconsideration.
190.337 Proceedings on petitions for reconsideration.
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190.338 Appeals.
190.339 Direct final rulemaking.
Subpart C--Procedures for Adoption of Rules
Sec. 190.301 Scope.
This subpart prescribes general rulemaking procedures for the
issue, amendment, and repeal of Pipeline Safety Program regulations of
the Research and Special Programs Administration of the Department of
Transportation.
Sec. 190.303 Delegations.
For the purposes of this subpart, Administrator means the
Administrator, Research and Special Programs Administration, or his or
her delegate.
Sec. 190.305 Regulatory dockets.
(a) Information and data considered relevant by the Administrator
relating to rulemaking actions, including notices of proposed
rulemaking; comments received in response to notices; petitions for
rulemaking and reconsideration; denials of petitions for rulemaking and
reconsideration; records of additional rulemaking proceedings under
Sec. 190.325; and final regulations are maintained by the Research and
Special Programs Administration at 400 7th Street, SW, Washington, D.C.
20590-0001.
(b) Any person may examine any docketed material at the offices of
the Research and Special Programs Administration at any time during
regular business hours after the docket is established, except material
which the Administrator determines should be withheld from public
disclosure under applicable provisions of any statute administered by
the Administrator and section 552(b) of Title 5, United States Code,
and may obtain a copy of it upon payment of a fee.
Sec. 190.307 Records.
Records of the Research and Special Programs Administration
relating to rulemaking proceedings are available for inspection as
provided in section 552(b) of title 5, United States Code, and part 7
of the Regulations of the Office of the Secretary of Transportation
(part 7 of this title).
Sec. 190.309 Where to file petitions.
Petitions for extension of time to comment submitted under
Sec. 190.319, petitions for hearings submitted under Sec. 190.327,
petitions for rulemaking submitted under Sec. 190.331, and petitions
for reconsideration submitted under Sec. 190.335 must be submitted to:
Administrator, Research and Special Programs Administration, U.S.
Department of Transportation, 400 7th Street, SW., Washington, D.C.
20590-0001.
Sec. 190.311 General.
Unless the Administrator, for good cause, finds that notice is
impracticable, unnecessary, or contrary to the public interest, and
incorporates that finding and a brief statement of the reasons for it
in the rule, a notice of proposed rulemaking is issued and interested
persons are invited to participate in the rulemaking proceedings with
respect to each substantive rule.
Sec. 190.313 Initiation of rulemaking.
The Administrator initiates rulemaking on his or her own motion;
however, in so doing, the Administrator may use discretion to consider
the recommendations of other agencies of the United States or of other
interested persons including those of any technical advisory body
established by statute for that purpose.
Sec. 190.315 Contents of notices of proposed rulemaking.
(a) Each notice of proposed rulemaking is published in the Federal
Register, unless all persons subject to it are named and are personally
served with a copy of it.
(b) Each notice, whether published in the Federal Register or
personally served, includes:
(1) A statement of the time, place, and nature of the proposed
rulemaking proceeding;
(2) A reference to the authority under which it is issued;
(3) A description of the subjects and issues involved or the
substance and terms of the proposed regulation;
(4) A statement of the time within which written comments must be
submitted; and
(5) A statement of how and to what extent interested persons may
participate in the proceeding.
Sec. 190.317 Participation by interested persons.
(a) Any interested person may participate in rulemaking proceedings
by submitting comments in writing containing information, views or
arguments in accordance with instructions for participation in the
rulemaking document.
(b) The Administrator may invite any interested person to
participate in the rulemaking proceedings described in Sec. 190.325.
(c) For the purposes of this subpart, an interested person includes
any Federal or State government agency or any political subdivision of
a State.
Sec. 190.319 Petitions for extension of time to comment.
A petition for extension of the time to submit comments must be
received not later than 10 days before expiration of the time stated in
the notice. It is requested, but not required, that three copies be
submitted. The filing of the petition does not automatically extend the
time for petitioner's comments. A petition is granted only if the
petitioner shows good cause for the extension, and if the extension is
consistent with the public interest. If an extension is granted, it is
granted to all persons, and it is published in the Federal Register.
Sec. 190.321 Contents of written comments.
All written comments must be in English. It is requested, but not
required, that five copies be submitted. Any interested person should
submit as part of written comments all material considered relevant to
any statement of fact. Incorporation of material by reference should be
avoided; however, where necessary, such incorporated material shall be
identified by document title and page.
Sec. 190.323 Consideration of comments received.
All timely comments and the recommendations of any technical
advisory body established by statute for the purpose of reviewing the
proposed rule concerned are considered before final action is taken on
a rulemaking proposal. Late filed comments are considered so far as
practicable.
Sec. 190.325 Additional rulemaking proceedings.
The Administrator may initiate any further rulemaking proceedings
that the Administrator finds necessary or desirable. For example,
interested persons may be invited to make oral arguments, to
participate in conferences between the Administrator or the
Administrator's representative and interested persons, at which minutes
of the conference are kept, to appear at informal hearings presided
over by officials designated by the Administrator at which a transcript
of minutes are kept, or participate in any other proceeding to assure
informed administrative action and to protect the public interest.
Sec. 190.327 Hearings.
(a) If a notice of proposed rulemaking does not provide for a
hearing, any interested person may petition the Administrator for an
informal hearing. The petition must be received by the Administrator
not later than 20 days before expiration of the time stated in the
notice. The filing of the petition
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does not automatically result in the scheduling of a hearing. A
petition is granted only if the petitioner shows good cause for a
hearing. If a petition for a hearing is granted, notice of the hearing
is published in the Federal Register.
(b) Sections 556 and 557 of title 5, United States Code, do not
apply to hearings held under this part. Unless otherwise specified,
hearings held under this part are informal, nonadversary fact-finding
proceedings, at which there are no formal pleadings or adverse parties.
Any regulation issued in a case in which an informal hearing is held is
not necessarily based exclusively on the record of the hearing.
(c) The Administrator designates a representative to conduct any
hearing held under this subpart. The Chief Counsel designates a member
of his or her staff to serve as legal officer at the hearing.
Sec. 190.329 Adoption of final rules.
Final rules are prepared by representatives of the Office of
Pipeline Safety and the Office of the Chief Counsel. The regulation is
then submitted to the Administrator for consideration. If the
Administrator adopts the regulation, it is published in the Federal
Register, unless all persons subject to it are named and are personally
served with a copy of it.
Sec. 190.331 Petitions for rulemaking.
(a) Any interested person may petition the Associate Administrator
for Pipeline Safety to establish, amend, or repeal a substantive
regulation, or may petition the Chief Counsel to establish, amend, or
repeal a procedural regulation.
(b) Each petition filed under this section must--
(1) Summarize the proposed action and explain its purpose;
(2) State the text of the proposed rule or amendment, or specify
the rule proposed to be repealed;
(3) Explain the petitioner's interest in the proposed action and
the interest of any party the petitioner represents; and
(4) Provide information and arguments that support the proposed
action, including relevant technical, scientific or other data as
available to the petitioner, and any specific known cases that
illustrate the need for the proposed action.
(c) If the potential impact of the proposed action is substantial,
and information and data related to that impact are available to the
petitioner, the Associate Administrator or the Chief Counsel may
request the petitioner to provide--
(1) The costs and benefits to society and identifiable groups
within society, quantifiable and otherwise;
(2) The direct effects (including preemption effects) of the
proposed action on States, on the relationship between the Federal
Government and the States, and on the distribution of power and
responsibilities among the various levels of government;
(3) The regulatory burden on small businesses, small organizations
and small governmental jurisdictions;
(4) The recordkeeping and reporting requirements and to whom they
would apply; and
(5) Impacts on the quality of the natural and social environments.
(d) The Associate Administrator or Chief Counsel may return a
petition that does not comply with the requirements of this section,
accompanied by a written statement indicating the deficiencies in the
petition.
Sec. 190.333 Processing of petition.
(a) General. Unless the Associate Administrator or the Chief
Counsel otherwise specifies, no public hearing, argument, or other
proceeding is held directly on a petition before its disposition under
this section.
(b) Grants. If the Associate Administrator or the Chief Counsel
determines that the petition contains adequate justification, he or she
initiates rulemaking action under this subpart.
(c) Denials. If the Associate Administrator or the Chief Counsel
determines that the petition does not justify rulemaking, the petition
is denied.
(d) Notification. The Associate Administrator or the Chief Counsel
will notify a petitioner, in writing, of the decision to grant or deny
a petition for rulemaking.
Sec. 190.335 Petitions for reconsideration.
(a) Except as provided in Sec. 190.339(d), any interested person
may petition the Associate Administrator for reconsideration of any
regulation issued under this subpart, or may petition the Chief Counsel
for reconsideration of any procedural regulation issued under this
subpart and contained in this subpart. It is requested, but not
required, that three copies be submitted. The petition must be received
not later than 30 days after publication of the rule in the Federal
Register. Petitions filed after that time will be considered as
petitions filed under Sec. 190.331. The petition must contain a brief
statement of the complaint and an explanation as to why compliance with
the rule is not practicable, is unreasonable, or is not in the public
interest.
(b) If the petitioner requests the consideration of additional
facts, the petitioner must state the reason they were not presented to
the Associate Administrator or the Chief Counsel within the prescribed
time.
(c) The Associate Administrator or the Chief Counsel does not
consider repetitious petitions.
(d) Unless the Associate Administrator or the Chief Counsel
otherwise provides, the filing of a petition under this section does
not stay the effectiveness of the rule.
Sec. 190.337 Proceedings on petitions for reconsideration.
(a) The Associate Administrator or the Chief Counsel may grant or
deny, in whole or in part, any petition for reconsideration without
further proceedings, except where a grant of the petition would result
in issuance of a new final rule. In the event that the Associate
Administrator or the Chief Counsel determines to reconsider any
regulation, a final decision on reconsideration may be issued without
further proceedings, or an opportunity to submit comment or information
and data as deemed appropriate, may be provided. Whenever the Associate
Administrator or the Chief Counsel determines that a petition should be
granted or denied, the Office of the Chief Counsel prepares a notice of
the grant or denial of a petition for reconsideration, for issuance to
the petitioner, and the Associate Administrator or the Chief Counsel
issues it to the petitioner. The Associate Administrator or the Chief
Counsel may consolidate petitions relating to the same rules.
(b) It is the policy of the Associate Administrator or the Chief
Counsel to issue notice of the action taken on a petition for
reconsideration within 90 days after the date on which the regulation
in question is published in the Federal Register, unless it is found
impracticable to take action within that time. In cases where it is so
found and the delay beyond that period is expected to be substantial,
notice of that fact and the date by which it is expected that action
will be taken is issued to the petitioner and published in the Federal
Register.
Sec. 190.338 Appeals.
(a) Any interested person may appeal a denial of the Associate
Administrator or the Chief Counsel, issued under Sec. 190.333 or
Sec. 190.337, to the Administrator.
(b) An appeal must be received within 20 days of service of written
notice to petitioner of the Associate
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Administrator's or the Chief Counsel's decision, or within 20 days from
the date of publication of the decision in the Federal Register, and
should set forth the contested aspects of the decision as well as any
new arguments or information.
(c) It is requested, but not required, that three copies of the
appeal be submitted to the Administrator.
(d) Unless the Administrator otherwise provides, the filing of an
appeal under this section does not stay the effectiveness of any rule.
Sec. 190.339 Direct final rulemaking.
(a) Where practicable, the Administrator will use direct final
rulemaking to issue the following types of rules:
(1) Minor, substantive changes to regulations;
(2) Incorporation by reference of the latest edition of technical
or industry standards;
(3) Extensions of compliance dates; and
(4) Other noncontroversial rules where the Administrator determines
that use of direct final rulemaking is in the public interest, and that
a regulation is unlikely to result in adverse comment.
(b) The direct final rule will state an effective date. The direct
final rule will also state that unless an adverse comment or notice of
intent to file an adverse comment is received within the specified
comment period, generally 60 days after publication of the direct final
rule in the Federal Register, the Administrator will issue a
confirmation document, generally within 15 days after the close of the
comment period, advising the public that the direct final rule will
either become effective on the date stated in the direct final rule or
at least 30 days after the publication date of the confirmation
document, whichever is later.
(c) For purposes of this section, an adverse comment is one which
explains why the rule would be inappropriate, including a challenge to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. Comments that are frivolous or
insubstantial will not be considered adverse under this procedure. A
comment recommending a rule change in addition to the rule will not be
considered an adverse comment, unless the commenter states why the rule
would be ineffective without the additional change.
(d) Only parties who filed comments to a direct final rule issued
under this section may petition under Sec. 190.335 for reconsideration
of that direct final rule.
(e) If an adverse comment or notice of intent to file an adverse
comment is received, a timely document will be published in the Federal
Register advising the public and withdrawing the direct final rule in
whole or in part. The Administrator may then incorporate the adverse
comment into a subsequent direct final rule or may publish a notice of
proposed rulemaking. A notice of proposed rulemaking will provide an
opportunity for public comment, generally a minimum of 60 days, and
will be processed in accordance with Secs. 190.311-190.329.
Issued in Washington, DC, on September 18, 1996, under the
authority delegated in 49 CFR part 1.
Kelley S. Coyner,
Deputy Administrator.
[FR Doc. 96-24399 Filed 9-26-96; 8:45 am]
BILLING CODE 4910-60-P
