Hazardous Materials: Availability of Information for Hazardous Materials Transported by Aircraft, 8956-8957 [05-3485]

Download as PDF 8956 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: I Authority: 47 U.S.C. 154, 303, 334 and 336. § 73.202 [Amended] 2. Section 73.202(b), the Table of FM Allotments under Washington, is amended by adding Burbank, Channel 256C1 and by removing Channel 246C, Channel 256C2, and Channel 265A and adding Channel 246C0 at Walla Walla. I Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. 05–3512 Filed 2–23–05; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Part 171 [Docket No. PHMSA–00–7762 (HM–206C)] RIN 2137–AD29 Hazardous Materials: Availability of Information for Hazardous Materials Transported by Aircraft Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: SUMMARY: This final rule adopts without change the April 1, 2005, mandatory compliance date for the notification and record retention requirements for aircraft operators transporting hazardous materials, as adopted in an interim final rule in this proceeding published on September 1, 2004. DATES: Effective Date: The effective date of these amendments is February 24, 2005. FOR FURTHER INFORMATION CONTACT: John A. Gale or Gigi Corbin, Office of Hazardous Materials Standards, telephone (202) 366–8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590–0001. SUPPLEMENTARY INFORMATION: I. Background On March 25, 2003, the Research and Special Programs Administration (RSPA, the predecessor agency of the Pipeline and Hazardous Materials Safety VerDate jul<14>2003 18:17 Feb 23, 2005 Jkt 205001 Administration (PHMSA)) published a final rule under this docket (68 FR 14341) amending the Hazardous Materials Regulations (HMR) to require an aircraft operator to: (1) Place on the notification of pilot-in-command (NOPC) or in the cockpit of the aircraft a telephone number that can be contacted during an in-flight emergency to obtain information about any hazardous materials aboard the aircraft; (2) retain and provide upon request a copy of the NOPC, or the information contained in it, at the aircraft operator’s principal place of business, or the airport of departure, for 90 days, and at the airport of departure until the flight leg is completed; and (3) make readily accessible, and provide upon request, a copy of the NOPC, or the information contained in it, at the planned airport of arrival until the flight leg is completed. The March 25, 2003, rule which became effective October 1, 2003, required compliance on October 1, 2004. On June 22, 2004, the Air Transport Association (ATA) requested that RSPA extend the compliance date from October 1, 2004, to April 1, 2005, to allow its member air carriers additional time to prepare for and implement these new requirements. In response to this request, RSPA published an interim final rule (IFR) on September 1, 2004, delaying the compliance date to April 1, 2005. We invited interested parties to participate in this rulemaking by submitting comments on the IFR. We received two comments. Neither comment addressed the issue of delayed compliance discussed in this IFR. One commenter submitted comments dealing with issues discussed in the NPRM; the other commenter questioned the length of the retention period for the NOPC (see § 175.33(c)) in comparison to the retention period for shipping papers in § 172.201. Both comments are outside the scope of this rulemaking, and are not addressed here. PHMSA is adopting the amendments as presented in the IFR. II. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Rulemaking This interim final rule is published under the authority of Federal hazardous materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et seq.) and 49 U.S.C. 44701. Section 5103(b) of Federal hazmat law authorizes the Secretary of Transportation to prescribe regulations for the safe transportation, including security, of hazardous material in intrastate, interstate, and foreign commerce. Title 49 United States Code PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 § 44701 authorizes the Administrator of the Federal Aviation Administration to promote safe flight of civil aircraft in air commerce by prescribing regulations and minimum standards for practices, methods, and procedures the Administrator finds necessary for safety in air commerce and national security. Under 49 U.S.C. 40113, the Secretary of Transportation has the same authority to regulate the transportation of hazardous material by air, in carrying out § 44701, that he has under 49 U.S.C. 5103. B. Executive Order 12866 and DOT Regulatory Policies and Procedures This final rule is not a significant regulatory action under section 3(f) of Executive Order 12866 and was not reviewed by the Office of Management and Budget (OMB). This final rule is not considered significant under the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034). This final rule adopts without change a compliance date adopted in an interim final rule published on September 1, 2004. The compliance date extension adopted in this final rule does not alter the cost-benefit analysis and conclusions contained in the Regulatory Evaluation prepared for the March 25, 2003, final rule. C. Executive Order 13132 This final rule was analyzed in accordance with the principles and criteria contained in Executive Order 13132 (‘‘Federalism’’). This rulemaking preempts State, local and Indian tribe requirements but does not impose any regulation that has substantial direct effects 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. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply. Federal hazardous material transportation law, 49 U.S.C. 5101– 5127, contains an express preemption provision (49 U.S.C. 5125(b)) preempting State, local, and Indian tribe requirements on the following subjects: (1) The designation, description, and classification of hazardous material; (2) The packing, repacking, handling, labeling, marking, and placarding of hazardous material; (3) The preparation, execution, and use of shipping documents related to hazardous material and requirements related to the number, contents, and placement of those documents; (4) The written notification, recording, and reporting of the unintentional release in transportation of hazardous material; or E:\FR\FM\24FER1.SGM 24FER1 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations (5) The design, manufacture, fabrication, marking, maintenance, reconditioning, repair, or testing of a packaging or container represented, marked, certified, or sold as qualified for use in transporting hazardous material. This final rule addresses subject item (3) above and preempts State, local, or Indian tribe requirements not meeting the ‘‘substantively the same’’ standard. Federal hazardous materials transportation law provides at 49 U.S.C. 5125(b)(2) that, if PHMSA issues a regulation concerning any of the covered subjects, PHMSA 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 this final rule and not later than two years after the date of issuance. This final rule does not change the effective date of Federal preemption of the March 25, 2003, final rule, which was October 1, 2003. D. Executive Order 13175 This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 (‘‘Consultation and Coordination with Indian Tribal Governments’’). Because this final rule does not have tribal implications, does not impose substantial direct compliance costs on Indian tribal governments, and does not preempt tribal law, the funding and consultation requirements of Executive Order 13175 do not apply. E. Regulatory Flexibility Act, Executive Order 13272, and DOT Procedures and Policies The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an agency to review regulations to assess their impact on small entities. An agency must conduct a regulatory flexibility analysis unless it determines and certifies that a rule is not expected to have a significant impact on a substantial number of small entities. This final rule applies to businesses, some of whom are small entities, that transport hazardous materials by air. This final rule provides an extension of the compliance date for notification and record retention requirements for air carriers. The compliance date extension assures that air carriers have sufficient time to reprogram their systems to meet the new requirements, test the reprogrammed system, develop training materials and train their employees. Therefore, I certify this rule will not have a significant economic impact on a substantial number of small entities. VerDate jul<14>2003 18:17 Feb 23, 2005 Jkt 205001 This final rule has been developed in accordance with Executive Order 13272 (‘‘Proper Consideration of Small Entities in Agency Rulemaking’’) and 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. F. Paperwork Reduction Act This final rule does not impose new information collection requirements. We currently have an approved information collection under OMB No. 2137–0034, ‘‘Hazardous Materials Shipping Papers & Emergency Response Information.’’ The March 25, 2003, final rule resulted in an increase in the annual paperwork burden and costs. These revisions regarding the maintenance of copies of notification of pilot-in-command were submitted under the NPRM to OMB for review and approval. PHMSA estimated that the new total information collection and recordkeeping burden for OMB No. 2137–034 would be as follows: ‘‘Hazardous Materials Shipping Papers & Emergency Response Information’’ OMB No. 2137–0034. Total Annual Number of Respondents: 250,000. Total Annual Responses: 260,000,000. Total Annual Burden Hours: 6,523,611. Total Annual Burden Cost: $6,925,000. 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. OMB approved the revised information collection requirement on February 27, 2003. 8957 I. Environmental Assessment This final rule will improve emergency response to hazardous materials incidents involving aircraft by ensuring information on the hazardous materials involved in an emergency is readily available. Improving emergency response to aircraft incidents will reduce environmental damage associated with such incidents. There are no significant environmental impacts associated with this final rule. J. Privacy Act Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000, (65 FR 19477) or you may visit https:// dms.dot.gov. List of Subjects in 49 CFR Part 171 Exports, Hazardous materials transportation, Hazardous waste, Imports, Reporting and recordkeeping requirements. Accordingly, the interim final rule amending 49 CFR part 171 which was published at 69 FR 53352 on September 1, 2004, is adopted as a final rule without change. I Issued in Washington, DC, on February 3, 2005, under the authority delegated in 49 CFR part 1. Elaine E. Joost, Acting Deputy Administrator. [FR Doc. 05–3485 Filed 2–23–05; 8:45 am] BILLING CODE 4910–60–P G. 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. H. 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 $120.7 million or more, in the aggregate, to any of the following: State, local or tribal governments, or to the private sector. PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 Docket No. 041202338–4338–01; I.D. 021805A] Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher/Processor Vessels Using Hook-and-Line Gear in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Closure. AGENCY: E:\FR\FM\24FER1.SGM 24FER1

Agencies

[Federal Register Volume 70, Number 36 (Thursday, February 24, 2005)]
[Rules and Regulations]
[Pages 8956-8957]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3485]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 171

[Docket No. PHMSA-00-7762 (HM-206C)]
RIN 2137-AD29


Hazardous Materials: Availability of Information for Hazardous 
Materials Transported by Aircraft

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
Department of Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule adopts without change the April 1, 2005, 
mandatory compliance date for the notification and record retention 
requirements for aircraft operators transporting hazardous materials, 
as adopted in an interim final rule in this proceeding published on 
September 1, 2004.

DATES: Effective Date: The effective date of these amendments is 
February 24, 2005.

FOR FURTHER INFORMATION CONTACT: John A. Gale or Gigi Corbin, Office of 
Hazardous Materials Standards, telephone (202) 366-8553, Pipeline and 
Hazardous Materials Safety Administration, U.S. Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 25, 2003, the Research and Special Programs Administration 
(RSPA, the predecessor agency of the Pipeline and Hazardous Materials 
Safety Administration (PHMSA)) published a final rule under this docket 
(68 FR 14341) amending the Hazardous Materials Regulations (HMR) to 
require an aircraft operator to: (1) Place on the notification of 
pilot-in-command (NOPC) or in the cockpit of the aircraft a telephone 
number that can be contacted during an in-flight emergency to obtain 
information about any hazardous materials aboard the aircraft; (2) 
retain and provide upon request a copy of the NOPC, or the information 
contained in it, at the aircraft operator's principal place of 
business, or the airport of departure, for 90 days, and at the airport 
of departure until the flight leg is completed; and (3) make readily 
accessible, and provide upon request, a copy of the NOPC, or the 
information contained in it, at the planned airport of arrival until 
the flight leg is completed. The March 25, 2003, rule which became 
effective October 1, 2003, required compliance on October 1, 2004.
    On June 22, 2004, the Air Transport Association (ATA) requested 
that RSPA extend the compliance date from October 1, 2004, to April 1, 
2005, to allow its member air carriers additional time to prepare for 
and implement these new requirements. In response to this request, RSPA 
published an interim final rule (IFR) on September 1, 2004, delaying 
the compliance date to April 1, 2005. We invited interested parties to 
participate in this rulemaking by submitting comments on the IFR.
    We received two comments. Neither comment addressed the issue of 
delayed compliance discussed in this IFR. One commenter submitted 
comments dealing with issues discussed in the NPRM; the other commenter 
questioned the length of the retention period for the NOPC (see Sec.  
175.33(c)) in comparison to the retention period for shipping papers in 
Sec.  172.201. Both comments are outside the scope of this rulemaking, 
and are not addressed here. PHMSA is adopting the amendments as 
presented in the IFR.

II. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This interim final rule is published under the authority of Federal 
hazardous materials transportation law (Federal hazmat law; 49 U.S.C. 
5101 et seq.) and 49 U.S.C. 44701. Section 5103(b) of Federal hazmat 
law authorizes the Secretary of Transportation to prescribe regulations 
for the safe transportation, including security, of hazardous material 
in intrastate, interstate, and foreign commerce. Title 49 United States 
Code Sec.  44701 authorizes the Administrator of the Federal Aviation 
Administration to promote safe flight of civil aircraft in air commerce 
by prescribing regulations and minimum standards for practices, 
methods, and procedures the Administrator finds necessary for safety in 
air commerce and national security. Under 49 U.S.C. 40113, the 
Secretary of Transportation has the same authority to regulate the 
transportation of hazardous material by air, in carrying out Sec.  
44701, that he has under 49 U.S.C. 5103.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and was not reviewed by the 
Office of Management and Budget (OMB). This final rule is not 
considered significant under the Regulatory Policies and Procedures of 
the Department of Transportation (44 FR 11034). This final rule adopts 
without change a compliance date adopted in an interim final rule 
published on September 1, 2004. The compliance date extension adopted 
in this final rule does not alter the cost-benefit analysis and 
conclusions contained in the Regulatory Evaluation prepared for the 
March 25, 2003, final rule.

C. Executive Order 13132

    This final rule was analyzed in accordance with the principles and 
criteria contained in Executive Order 13132 (``Federalism''). This 
rulemaking preempts State, local and Indian tribe requirements but does 
not impose any regulation that has substantial direct effects 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. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.
    Federal hazardous material transportation law, 49 U.S.C. 5101-5127, 
contains an express preemption provision (49 U.S.C. 5125(b)) preempting 
State, local, and Indian tribe requirements on the following subjects:
    (1) The designation, description, and classification of hazardous 
material;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous material;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous material and requirements related to the number, 
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or

[[Page 8957]]

    (5) The design, manufacture, fabrication, marking, maintenance, 
reconditioning, repair, or testing of a packaging or container 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous material.
    This final rule addresses subject item (3) above and preempts 
State, local, or Indian tribe requirements not meeting the 
``substantively the same'' standard. Federal hazardous materials 
transportation law provides at 49 U.S.C. 5125(b)(2) that, if PHMSA 
issues a regulation concerning any of the covered subjects, PHMSA 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 this final rule and not later 
than two years after the date of issuance. This final rule does not 
change the effective date of Federal preemption of the March 25, 2003, 
final rule, which was October 1, 2003.

D. Executive Order 13175

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
does not have tribal implications, does not impose substantial direct 
compliance costs on Indian tribal governments, and does not preempt 
tribal law, the funding and consultation requirements of Executive 
Order 13175 do not apply.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities. 
An agency must conduct a regulatory flexibility analysis unless it 
determines and certifies that a rule is not expected to have a 
significant impact on a substantial number of small entities. This 
final rule applies to businesses, some of whom are small entities, that 
transport hazardous materials by air. This final rule provides an 
extension of the compliance date for notification and record retention 
requirements for air carriers. The compliance date extension assures 
that air carriers have sufficient time to reprogram their systems to 
meet the new requirements, test the reprogrammed system, develop 
training materials and train their employees. Therefore, I certify this 
rule will not have a significant economic impact on a substantial 
number of small entities.
    This final rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and 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.

F. Paperwork Reduction Act

    This final rule does not impose new information collection 
requirements. We currently have an approved information collection 
under OMB No. 2137-0034, ``Hazardous Materials Shipping Papers & 
Emergency Response Information.'' The March 25, 2003, final rule 
resulted in an increase in the annual paperwork burden and costs. These 
revisions regarding the maintenance of copies of notification of pilot-
in-command were submitted under the NPRM to OMB for review and 
approval.
    PHMSA estimated that the new total information collection and 
recordkeeping burden for OMB No. 2137-034 would be as follows: 
``Hazardous Materials Shipping Papers & Emergency Response 
Information'' OMB No. 2137-0034.
    Total Annual Number of Respondents: 250,000.
    Total Annual Responses: 260,000,000.
    Total Annual Burden Hours: 6,523,611.
    Total Annual Burden Cost: $6,925,000.
    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. OMB approved the revised information collection 
requirement on February 27, 2003.

G. 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.

H. 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 
$120.7 million or more, in the aggregate, to any of the following: 
State, local or tribal governments, or to the private sector.

I. Environmental Assessment

    This final rule will improve emergency response to hazardous 
materials incidents involving aircraft by ensuring information on the 
hazardous materials involved in an emergency is readily available. 
Improving emergency response to aircraft incidents will reduce 
environmental damage associated with such incidents. There are no 
significant environmental impacts associated with this final rule.

J. Privacy Act

    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000, (65 FR 19477) or you 
may visit https://dms.dot.gov.

List of Subjects in 49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Reporting and recordkeeping requirements.


0
Accordingly, the interim final rule amending 49 CFR part 171 which was 
published at 69 FR 53352 on September 1, 2004, is adopted as a final 
rule without change.

    Issued in Washington, DC, on February 3, 2005, under the 
authority delegated in 49 CFR part 1.
Elaine E. Joost,
Acting Deputy Administrator.
[FR Doc. 05-3485 Filed 2-23-05; 8:45 am]
BILLING CODE 4910-60-P