[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\1\ 87 FR 44944 (July 26, 2022).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\10\ 65 FR 67249 (Nov. 6, 2000).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\11\ 77 FR 26413 (May 4, 2012).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\12\ 87 FR 44948 (July 26, 2022).
---------------------------------------------------------------------------
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