Hazardous Materials: Incorporation of Statutorily Mandated Revisions to the Hazardous Materials Regulations; Correction, 44929-44931 [E6-12804]
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Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Rules and Regulations
(7) See 242.7502 for ACO
responsibilities with regard to receipt of
an audit report identifying significant
accounting system or related internal
control deficiencies.
(9) For additional contract
administration functions related to
IR&D/B&P projects performed by major
contractors, see 242.771–3(a).
(12) Also perform all payment
administration in accordance with any
applicable payment clauses.
(13)(A) Do not delegate the
responsibility to make payments to the
Defense Contract Management Agency
(DCMA).
(B) Follow the procedures at PGI
242.302(a)(13)(B) for designation of
payment offices.
(39) See 223.370 for contract
administration responsibilities on
contracts for ammunition and
explosives.
(67) Also support program offices and
buying activities in precontractual
efforts leading to a solicitation or award.
(S–70) Serve as the single point of
contact for all Single Process Initiative
(SPI) Management Council activities.
The ACO shall negotiate and execute
facilitywide class modifications and
agreements for SPI processes, when
authorized by the affected components.
(S–71) DCMA has responsibility for
reviewing earned value management
system (EVMS) plans and for verifying
initial and continuing contractor
compliance with DoD EVMS criteria.
The contracting officer shall not retain
this function.
(b)(S–70) Issue, negotiate, and execute
orders under basic ordering agreements
for overhaul, maintenance, and repair.
[FR Doc. E6–12778 Filed 8–7–06; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 171
[Docket No. PHMSA–2005–22208 (HM–240)]
RIN 2137–AE12
Hazardous Materials: Incorporation of
Statutorily Mandated Revisions to the
Hazardous Materials Regulations;
Correction
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule; correction.
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AGENCY:
SUMMARY: On December 9, 2005,
PHMSA published a final rule to revise
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terminology, definitions, and
requirements for consistency with the
Hazardous Materials Safety and Security
Reauthorization Act of 2005. These
amendments included revising the
definitions of ‘‘hazmat employee’’ and
‘‘hazmat employer’’; modifying shipping
paper retention requirements; providing
a security plan exception for farmers;
and replacing the term ‘‘Exemption’’
with ‘‘Special permit.’’ This final rule
corrects an error in the final rule. In
addition, we are clarifying the
amendments applicable to shipping
paper retention requirements, the
definition of ‘‘hazmat employer,’’ and
the transition from ‘‘Exemption’’ to
‘‘Special permit.’’
DATE: Effective date: August 8, 2006.
FOR FURTHER INFORMATION CONTACT:
Cameron Satterthwaite or Kurt
Eichenlaub, Office of Hazardous
Materials Standards, (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 December 9, 2005, the Pipeline
and Hazardous Materials Safety
Administration (PHMSA, we) published
a final rule under Docket No. PHMSA–
2005–22208 (HM–240) revising the
Hazardous Materials Regulations (HMR;
49 CFR parts 171–180) to reflect
amendments made to the Federal
hazardous materials law (Federal
hazmat law; 49 U.S.C. 5101 et seq.) by
the Hazardous Materials Safety and
Security Reauthorization Act of 2005
(the Act; Title VII of Pub. L. 109–59, 119
Stat. 1144 (August 10, 2005)).
The December 9, 2005 final rule made
the following amendments to the HMR:
• Revised the definitions of ‘‘hazmat
employee’’ and ‘‘hazmat employer’’;
• Revised shipping paper retention
requirements;
• Added a security plan exception for
farmers;
• Revised applicability of the HMR to
matter subject to postal laws and
regulations; and
• Replaced ‘‘Exemption’’ with
‘‘Special permit.’’
We received a number of questions
from the regulated community
concerning the amendments in the final
rule applicable to the revised definition
of ‘‘hazmat employer’’, new shipping
paper retention requirements, and the
transition from ‘‘Exemption’’ to ‘‘Special
permit.’’ To ensure our responses to
these questions reach a broad audience,
we are addressing them in this final
rule.
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44929
II. Clarifications
A. Definition of ‘‘Hazmat Employer’’
We revised the definition of ‘‘hazmat
employer’’ in § 171.8 for consistency
with editorial revisions adopted under
the Act. The revised definition is not
intended to apply more broadly than the
previous definition. The amendment
does not expand the scope of the
definition or revise the training
requirements applicable to hazmat
employers in subpart H of part 172 or
the operational requirements applicable
to training in parts 173–180 of the HMR.
B. Revision of Shipping Paper Retention
Requirements
In accordance with the Act, we
revised the HMR to require shippers to
retain a copy of a shipping paper for a
period of two years after the shipping
paper is provided to a carrier and to
require carriers to retain a copy of a
shipping paper for a period of one year
after the date the shipping paper is
received from the shipper. We also
specified that shippers and carriers of a
hazardous waste must continue to retain
a shipping paper for 3 years after the
material is accepted by the initial
carrier. PHMSA is aware of confusion in
the regulated community regarding the
implementation of these provisions. The
provisions for shipping paper retention
in this rulemaking became effective on
January 9, 2006 (the effective date of the
final rule). It was not our intention to
apply the revised shipping paper
retention requirements retroactively to
documents retained for shipments made
prior to the effective date of the final
rule. Shipments offered or accepted for
transportation prior to January 9, 2006
are not subject to the new shipping
paper retention provisions. For
shipments offered or accepted for
transportation prior to January 9, 2006,
each person who provides a shipping
paper and each person who receives a
shipping paper must retain a copy of the
shipping paper or an electronic image
thereof for 375 days after the shipment
is accepted by the initial carrier. For
shipments offered or accepted for
transportation on or after January 9,
2006, each person who provides a
shipping paper must retain a copy of the
shipping paper or an electronic image
thereof for two years after the shipment
is accepted by the initial carrier; each
person who receives a shipping paper
must retain a copy of the shipping paper
or an electronic image thereof for one
year after the shipment is accepted by
the initial carrier.
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Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Rules and Regulations
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C. Conversion of Exemptions to Special
Permits
The final rule adopted amendments to
replace most of the references in the
HMR to the term ‘‘exemption’’ with
‘‘special permit.’’ See §§ 171.1, 171.2,
171.6, 171.8, 172.102, 172.203, 172.301,
172.302, 173.22, 173.22a, 173.124,
173.301, 173.403, 175.33, 176.31, 178.3,
179.3, 179.4, 180.3, 180.201, 180.205,
180.209, 180.213, and 180.215. In
addition, we adopted the following
revisions to the HMR to address the
transition to special permits:
—Current exemptions will be effective
until they expire, are terminated, or
become due for renewal. Current
exemptions will be replaced by
special permits at the time when a
renewal application is approved by
the Associate Administrator. See
definition of ‘‘Special permit’’ in
§ 171.8.
—Packagings and shipping papers
prepared in accordance with a new
special permit issued on or after
October 1, 2005 must be marked with
‘‘DOT-SP’’ and the appropriate special
permit number, unless otherwise
specified by the special permit.
However, packagings and shipping
papers previously marked ‘‘DOT-E’’ in
accordance with a current exemption
generally may continue in use so long
as the provisions in the exemption
remain valid. See §§ 172.203, 172.302,
and 173.23.
—An initial special permit will be valid
for up to two years before it expires
or becomes due for renewal. A
separate person wishing to transport
in the same manner as the applicant
for a special permit may apply for
‘‘party status’’ to the special permit. In
this situation, the party applying for
party status will be considered a
‘‘new’’ special permit holder and will
be issued a special permit
authorization letter, authorizing the
party to operate as a grantee to the
special permit with an expiration date
(up to two years) based on the date of
its application. If renewed, a special
permit may be issued an expiration
date of up to four years from the date
of issuance. See §§ 107.107, and
107.113.
—The Office of Hazardous Materials
Exemptions and Approvals (OHMEA)
is renamed the Office of Hazardous
Materials Special Permits and
Approvals (OHMSPA).
—The e-mail address for OHMSPA is
revised from
Exemptions@rspa.dot.gov to
Specialpermits@dot.gov. See
§§ 107.105, 107.107, and 107.109.
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The provisions of the final rule
applicable to the change from
‘‘Exemptions’’ to ‘‘Special permits’’
have caused some confusion among
current exemption holders concerning
the continued use of the ‘‘DOT–E’’
exemption marking on packages and
shipping papers. The final rule allows
for packagings authorized by an
exemption issued prior to October 1,
2007, to be plainly and durably marked
‘‘DOT–E’’ in lieu of ‘‘DOT–SP’’ (see
§ 172.301(c)). This does not mean that
all ‘‘DOT–E’’ exemption markings must
be changed to ‘‘DOT–SP’’ after October
1, 2007. As provided in § 173.23(h), an
exemption packaging that is
permanently marked ‘‘DOT–E’’ prior to
October 1, 2007, may continue in use
with the ‘‘DOT–E’’ marking for the life
of that exemption packaging, so long as
the terms of the exemption or special
permit remain valid.
As provided in § 172.203(a), a
shipping paper for a shipment made
under a special permit must include the
notation ‘‘DOT–SP’’ followed by the
special permit number assigned. As an
alternative, shipping papers for
shipments made under an exemption or
special permit issued prior to October 1,
2007, may include the notation ‘‘DOT–
E’’ instead of ‘‘DOT–SP’’ followed by
the number assigned. Thus, a shipper
may use either notation for shipments
made under an exemption or special
permit issued prior to October 1, 2007.
III. Correction
This final rule corrects an error in the
December 9, 2005 final rule. The final
rule revised § 171.1(d)(7) to read: ‘‘Any
matter subject to the postal laws and
regulations of the United States, except
in the case of an imminent hazard.’’
This final rule is removing that language
from § 171.1(d)(7) and restoring the
language previously in effect. In
correcting this error, we confirm that the
HMR do not apply to any matter subject
to the postal laws and regulations of the
United States and that the scope of the
HMR has not changed.
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This
Rulemaking
This final rule is published under
authority of Federal Hazardous
Materials Transportation Law (Federal
Hazmat Law; 49 U.S.C. 5101 et seq.).
Section 5103(b) of Federal Hazmat Law
authorizes the Secretary of
Transportation to prescribe regulations
for the safe transportation, including
security, of hazardous materials in
intrastate, interstate, and foreign
commerce. The amendments in this
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final rule are being adopted for
consistency with the Hazardous
Materials Safety and Security
Reauthorization Act of 2005.
B. 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. This
rule is not significant under the
Regulatory Policies and Procedures of
the Department of Transportation (44 FR
11034). There are no cost impacts
associated with this final rule.
C. Executive Order 13132
This final rule has been analyzed in
accordance with the principles and
criteria in Executive Order 13132
(‘‘Federalism’’). This final rule does not
adopt any regulation that: (1) 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; (2) imposes
substantial direct compliance costs on
State and local governments; or (3)
preempts state law. Therefore,
preparation of a federalism assessment
is not warranted.
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
I certify this final rule will not have
a significant economic impact on a
substantial number of small entities.
This rule corrects a previously issued
final rule for consistency with the
Hazardous Materials Safety and Security
Reauthorization Act of 2005. There are
no cost impacts associated with this
rule.
F. Unfunded Mandates Reform Act of
1995
This 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
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Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Rules and Regulations
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.
G. Paperwork Reduction Act
H. Environmental Impact Analysis
There are no environmental impacts
associated with this final rule.
I. 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 in 49 CFR Part 171
Applicability, Hazardous materials
transportation, Reporting and
recordkeeping requirements.
In consideration of the foregoing,
amend 49 CFR Chapter I as follows:
I
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
The authority citation for part 171
continues to read as follows:
I
Authority: 49 U.S.C. 5101–5127, 44701; 49
CFR 1.45 and 1.53; Public Law 101–410
section 4 (28 U.S.C. 2461 note); Public Law
104–134 section 31001.
2. In § 171.1, revise paragraph (d)(7) to
read as follows:
I
§ 171.1 Applicability of Hazardous
Materials Regulations (HMR) to persons and
functions.
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*
*
*
*
(d) * * *
(7) Any matter subject to the postal
laws and regulations of the United
States.
*
*
*
*
*
Issued in Washington, DC, on August 1,
2006, under authority delegated in 49 CFR
part 1.
Thomas J. Barrett,
Administrator.
[FR Doc. E6–12804 Filed 8–7–06; 8:45 am]
BILLING CODE 4910–60–P
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National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 060216044–6044–01; I.D.
080206C]
There are no new information
collection requirements in this final
rule.
*
DEPARTMENT OF COMMERCE
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Ocean Perch
in the West Yakutat District of the Gulf
of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; prohibition of
retention.
AGENCY:
SUMMARY: NMFS is prohibiting retention
of Pacific ocean perch in the West
Yakutat District of the Gulf of Alaska
(GOA). NMFS is requiring that catch of
Pacific ocean perch in this area be
treated in the same manner as
prohibited species and discarded at sea
with a minimum of injury. This action
is necessary because the 2006 total
allowable catch (TAC) of Pacific ocean
perch in this area has been reached.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), August 3, 2006, until 2400
hrs, A.l.t., December 31, 2006.
FOR FURTHER INFORMATION CONTACT:
Jennifer Hogan, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for the Groundfish Fishery of the
Gulf of Alaska (FMP) prepared by the
North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and CFR part 679.
The 2006 TAC of Pacific ocean perch
in the West Yakutat District of the GOA
is 1,101 metric tons as established by
the 2006 and 2007 harvest specifications
for groundfish of the GOA (71 FR 10870,
March 3, 2006).
In accordance with § 679.20(d)(2), the
Administrator, Alaska Region, NMFS,
has determined that the 2006 TAC of
Pacific ocean perch in the West Yakutat
District of the GOA has been reached.
Therefore, NMFS is requiring that
further catches of Pacific ocean perch in
the West Yakutat District of the GOA be
treated as prohibited species in
accordance with § 679.21(b).
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44931
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the prohibition of retention of
Pacific ocean perch in the West Yakutat
District of the GOA. NMFS was unable
to publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of July 27, 2006.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 2, 2006.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 06–6755 Filed 8–3–06; 1:02 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 060216044–6044–01; I.D.
080206B]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Ocean Perch
in the Central Regulatory Area of the
Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; prohibition of
retention.
AGENCY:
SUMMARY: NMFS is prohibiting retention
of Pacific ocean perch in the Central
Regulatory Area of the Gulf of Alaska
(GOA). NMFS is requiring that catch of
Pacific ocean perch in this area be
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Agencies
[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Rules and Regulations]
[Pages 44929-44931]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12804]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 171
[Docket No. PHMSA-2005-22208 (HM-240)]
RIN 2137-AE12
Hazardous Materials: Incorporation of Statutorily Mandated
Revisions to the Hazardous Materials Regulations; Correction
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: On December 9, 2005, PHMSA published a final rule to revise
terminology, definitions, and requirements for consistency with the
Hazardous Materials Safety and Security Reauthorization Act of 2005.
These amendments included revising the definitions of ``hazmat
employee'' and ``hazmat employer''; modifying shipping paper retention
requirements; providing a security plan exception for farmers; and
replacing the term ``Exemption'' with ``Special permit.'' This final
rule corrects an error in the final rule. In addition, we are
clarifying the amendments applicable to shipping paper retention
requirements, the definition of ``hazmat employer,'' and the transition
from ``Exemption'' to ``Special permit.''
DATE: Effective date: August 8, 2006.
FOR FURTHER INFORMATION CONTACT: Cameron Satterthwaite or Kurt
Eichenlaub, Office of Hazardous Materials Standards, (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 December 9, 2005, the Pipeline and Hazardous Materials Safety
Administration (PHMSA, we) published a final rule under Docket No.
PHMSA-2005-22208 (HM-240) revising the Hazardous Materials Regulations
(HMR; 49 CFR parts 171-180) to reflect amendments made to the Federal
hazardous materials law (Federal hazmat law; 49 U.S.C. 5101 et seq.) by
the Hazardous Materials Safety and Security Reauthorization Act of 2005
(the Act; Title VII of Pub. L. 109-59, 119 Stat. 1144 (August 10,
2005)).
The December 9, 2005 final rule made the following amendments to
the HMR:
Revised the definitions of ``hazmat employee'' and
``hazmat employer'';
Revised shipping paper retention requirements;
Added a security plan exception for farmers;
Revised applicability of the HMR to matter subject to
postal laws and regulations; and
Replaced ``Exemption'' with ``Special permit.''
We received a number of questions from the regulated community
concerning the amendments in the final rule applicable to the revised
definition of ``hazmat employer'', new shipping paper retention
requirements, and the transition from ``Exemption'' to ``Special
permit.'' To ensure our responses to these questions reach a broad
audience, we are addressing them in this final rule.
II. Clarifications
A. Definition of ``Hazmat Employer''
We revised the definition of ``hazmat employer'' in Sec. 171.8 for
consistency with editorial revisions adopted under the Act. The revised
definition is not intended to apply more broadly than the previous
definition. The amendment does not expand the scope of the definition
or revise the training requirements applicable to hazmat employers in
subpart H of part 172 or the operational requirements applicable to
training in parts 173-180 of the HMR.
B. Revision of Shipping Paper Retention Requirements
In accordance with the Act, we revised the HMR to require shippers
to retain a copy of a shipping paper for a period of two years after
the shipping paper is provided to a carrier and to require carriers to
retain a copy of a shipping paper for a period of one year after the
date the shipping paper is received from the shipper. We also specified
that shippers and carriers of a hazardous waste must continue to retain
a shipping paper for 3 years after the material is accepted by the
initial carrier. PHMSA is aware of confusion in the regulated community
regarding the implementation of these provisions. The provisions for
shipping paper retention in this rulemaking became effective on January
9, 2006 (the effective date of the final rule). It was not our
intention to apply the revised shipping paper retention requirements
retroactively to documents retained for shipments made prior to the
effective date of the final rule. Shipments offered or accepted for
transportation prior to January 9, 2006 are not subject to the new
shipping paper retention provisions. For shipments offered or accepted
for transportation prior to January 9, 2006, each person who provides a
shipping paper and each person who receives a shipping paper must
retain a copy of the shipping paper or an electronic image thereof for
375 days after the shipment is accepted by the initial carrier. For
shipments offered or accepted for transportation on or after January 9,
2006, each person who provides a shipping paper must retain a copy of
the shipping paper or an electronic image thereof for two years after
the shipment is accepted by the initial carrier; each person who
receives a shipping paper must retain a copy of the shipping paper or
an electronic image thereof for one year after the shipment is accepted
by the initial carrier.
[[Page 44930]]
C. Conversion of Exemptions to Special Permits
The final rule adopted amendments to replace most of the references
in the HMR to the term ``exemption'' with ``special permit.'' See
Sec. Sec. 171.1, 171.2, 171.6, 171.8, 172.102, 172.203, 172.301,
172.302, 173.22, 173.22a, 173.124, 173.301, 173.403, 175.33, 176.31,
178.3, 179.3, 179.4, 180.3, 180.201, 180.205, 180.209, 180.213, and
180.215. In addition, we adopted the following revisions to the HMR to
address the transition to special permits:
--Current exemptions will be effective until they expire, are
terminated, or become due for renewal. Current exemptions will be
replaced by special permits at the time when a renewal application is
approved by the Associate Administrator. See definition of ``Special
permit'' in Sec. 171.8.
--Packagings and shipping papers prepared in accordance with a new
special permit issued on or after October 1, 2005 must be marked with
``DOT-SP'' and the appropriate special permit number, unless otherwise
specified by the special permit. However, packagings and shipping
papers previously marked ``DOT-E'' in accordance with a current
exemption generally may continue in use so long as the provisions in
the exemption remain valid. See Sec. Sec. 172.203, 172.302, and
173.23.
--An initial special permit will be valid for up to two years before it
expires or becomes due for renewal. A separate person wishing to
transport in the same manner as the applicant for a special permit may
apply for ``party status'' to the special permit. In this situation,
the party applying for party status will be considered a ``new''
special permit holder and will be issued a special permit authorization
letter, authorizing the party to operate as a grantee to the special
permit with an expiration date (up to two years) based on the date of
its application. If renewed, a special permit may be issued an
expiration date of up to four years from the date of issuance. See
Sec. Sec. 107.107, and 107.113.
--The Office of Hazardous Materials Exemptions and Approvals (OHMEA) is
renamed the Office of Hazardous Materials Special Permits and Approvals
(OHMSPA).
--The e-mail address for OHMSPA is revised from Exemptions@rspa.dot.gov
to Specialpermits@dot.gov. See Sec. Sec. 107.105, 107.107, and
107.109.
The provisions of the final rule applicable to the change from
``Exemptions'' to ``Special permits'' have caused some confusion among
current exemption holders concerning the continued use of the ``DOT-E''
exemption marking on packages and shipping papers. The final rule
allows for packagings authorized by an exemption issued prior to
October 1, 2007, to be plainly and durably marked ``DOT-E'' in lieu of
``DOT-SP'' (see Sec. 172.301(c)). This does not mean that all ``DOT-
E'' exemption markings must be changed to ``DOT-SP'' after October 1,
2007. As provided in Sec. 173.23(h), an exemption packaging that is
permanently marked ``DOT-E'' prior to October 1, 2007, may continue in
use with the ``DOT-E'' marking for the life of that exemption
packaging, so long as the terms of the exemption or special permit
remain valid.
As provided in Sec. 172.203(a), a shipping paper for a shipment
made under a special permit must include the notation ``DOT-SP''
followed by the special permit number assigned. As an alternative,
shipping papers for shipments made under an exemption or special permit
issued prior to October 1, 2007, may include the notation ``DOT-E''
instead of ``DOT-SP'' followed by the number assigned. Thus, a shipper
may use either notation for shipments made under an exemption or
special permit issued prior to October 1, 2007.
III. Correction
This final rule corrects an error in the December 9, 2005 final
rule. The final rule revised Sec. 171.1(d)(7) to read: ``Any matter
subject to the postal laws and regulations of the United States, except
in the case of an imminent hazard.'' This final rule is removing that
language from Sec. 171.1(d)(7) and restoring the language previously
in effect. In correcting this error, we confirm that the HMR do not
apply to any matter subject to the postal laws and regulations of the
United States and that the scope of the HMR has not changed.
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This final rule is published under authority of Federal Hazardous
Materials Transportation Law (Federal Hazmat Law; 49 U.S.C. 5101 et
seq.). Section 5103(b) of Federal Hazmat Law authorizes the Secretary
of Transportation to prescribe regulations for the safe transportation,
including security, of hazardous materials in intrastate, interstate,
and foreign commerce. The amendments in this final rule are being
adopted for consistency with the Hazardous Materials Safety and
Security Reauthorization Act of 2005.
B. 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. This rule is not
significant under the Regulatory Policies and Procedures of the
Department of Transportation (44 FR 11034). There are no cost impacts
associated with this final rule.
C. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 13132 (``Federalism''). This final rule
does not adopt any regulation that: (1) 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; (2) imposes substantial direct compliance
costs on State and local governments; or (3) preempts state law.
Therefore, preparation of a federalism assessment is not warranted.
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
I certify this final rule will not have a significant economic
impact on a substantial number of small entities. This rule corrects a
previously issued final rule for consistency with the Hazardous
Materials Safety and Security Reauthorization Act of 2005. There are no
cost impacts associated with this rule.
F. Unfunded Mandates Reform Act of 1995
This 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
[[Page 44931]]
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.
G. Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
H. Environmental Impact Analysis
There are no environmental impacts associated with this final rule.
I. 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 in 49 CFR Part 171
Applicability, Hazardous materials transportation, Reporting and
recordkeeping requirements.
0
In consideration of the foregoing, amend 49 CFR Chapter I as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45 and 1.53;
Public Law 101-410 section 4 (28 U.S.C. 2461 note); Public Law 104-
134 section 31001.
0
2. In Sec. 171.1, revise paragraph (d)(7) to read as follows:
Sec. 171.1 Applicability of Hazardous Materials Regulations (HMR) to
persons and functions.
* * * * *
(d) * * *
(7) Any matter subject to the postal laws and regulations of the
United States.
* * * * *
Issued in Washington, DC, on August 1, 2006, under authority
delegated in 49 CFR part 1.
Thomas J. Barrett,
Administrator.
[FR Doc. E6-12804 Filed 8-7-06; 8:45 am]
BILLING CODE 4910-60-P