Hazardous Materials: Revision and Reformatting of Requirements for the Authorization To Use International Transport Standards and Regulations; Correction, 55090-55091 [E7-19259]
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55090
Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Rules and Regulations
measured, assigned, and allocated in
accordance with 48 CFR 9904.413–50(c)(12);
and
(2) For contracts and subcontracts that are
not subject to full coverage under the CAS,
the amount measured, assigned, and
allocated in accordance with 48 CFR
9904.413–50(c)(12), except the numerator of
the fraction at 48 CFR 9904.413–50(c)(12)(vi)
shall be the sum of the pension plan costs
allocated to all non-CAS covered contracts
and subcontracts that are subject to Federal
Acquisition Regulation (FAR) Subpart 31.2 or
for which cost or pricing data were
submitted.
*
*
*
*
*
[63 FR 58598, Oct. 30, 1998, as amended at
68 FR 69257, Dec. 11, 2003; 69 FR 59704,
Oct. 5, 2004; 69 FR 60967, Oct. 14, 2004]
[FR Doc. 07–55518 Filed 9–27–07; 8:45 am]
In each phase, progressively fewer
contracts are awarded until a single
contractor is chosen for the final phase.
Normally, all down-selections are
accomplished without issuance of a
new, formal solicitation.
[FR Doc. 07–55517 Filed 9–27–07; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 171
[Docket No. PHMSA–2005–23141 (HM–
215F)]
BILLING CODE 1505–01–D
RIN 2137–AE01
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
Hazardous Materials: Revision and
Reformatting of Requirements for the
Authorization To Use International
Transport Standards and Regulations;
Correction
48 CFR Parts 1807 and 1817
CFR Correction
In Title 48 of the Code of Federal
Regulations, Chapters 15 to 28, revised
as of October 1, 2006, on page 185,
reinstate section 1807.7201, and on page
204, reinstate section 1817.7300 to read
as follows:
1807.7201
Definitions.
Class of contracts means a grouping of
acquisitions, either by dollar value or by
the nature of supplies and services to be
acquired.
Contract opportunity means planned
new contract awards exceeding $25,000.
rwilkins on PROD1PC63 with RULES
1817.7300
Definitions.
(a) Down-selection. In a phased
acquisition, the process of selecting
contractors for later phases from among
the preceding phase contractors.
(b) Phased Acquisition. An
incremental acquisition implementation
comprised of several distinct phases
where the realization of program/project
objectives requires a planned, sequential
acquisition of each phase. The phases
may be acquired separately, in
combination, or through a downselection strategy.
(c) Progressive Competition. A type of
down-selection strategy for a phased
acquisition. In this method, a single
solicitation is issued for all phases of
the program. The initial phase contracts
are awarded, and the contractors for
subsequent phases are expected to be
chosen through a down-selection from
among the preceding phase contractors.
VerDate Aug<31>2005
18:21 Sep 27, 2007
Jkt 211001
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule; correction.
AGENCY:
Acquisition Planning and Special
Contracting Methods
SUMMARY: On May 3, 2007, PHMSA
published a final rule to amend the
Hazardous Materials Regulations (HMR;
Parts 171–180) by revising and
consolidating the requirements
applicable to the use of the International
Civil Aviation Organization’s Technical
Instructions for the Safe Transport of
Dangerous Goods by Air, the
International Maritime Dangerous
Goods Code, the Canadian Transport of
Dangerous Goods Regulations, and the
International Atomic Energy Agency
Safety Standards Series: Regulations for
the Safe Transport of Radioactive
Material. This rule corrects errors in the
final rule.
DATES: Effective date: September 28,
2007.
Joan
McIntyre or Kurt Eichenlaub, Office of
Hazardous Materials Standards, (202)
366–8553, Pipeline and Hazardous
Materials Safety Administration, U.S.
Department of Transportation, 1200
New Jersey Avenue, SE., Washington,
DC 20590–0001.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
On May 3, 2007, the Pipeline and
Hazardous Materials Safety
Administration (PHMSA, we) published
a final rule under Docket No. PHMSA–
2005–23141 (HM–215F) to amend the
Hazardous Materials Regulations (HMR;
PO 00000
Frm 00080
Fmt 4700
Sfmt 4700
49 CFR Parts 171–180) by revising and
consolidating the requirements
applicable to the use of the International
Civil Aviation Organization’s Technical
Instructions for the Safe Transport of
Dangerous Goods by Air, the
International Maritime Dangerous
Goods Code, the Canadian Transport of
Dangerous Goods Regulations, and the
International Atomic Energy Agency
Safety Standards Series: Regulations for
the Safe Transport of Radioactive
Material. The final rule is effective as of
October 1, 2007.
The Dangerous Goods Advisory
Council (DGAC), an organization of
industry stakeholders, filed an appeal to
the May 3 final rule on June 4, 2007. We
are addressing most elements of DGAC’s
appeal in a separate response, which
will be included in the docket for this
rulemaking. In the meantime, we are
issuing this correction to address certain
errors that DGAC identified in the text
of the May 3 final rule.
Correction
The May 5 final rule added a new
§ 171.22, which provides authorization
and conditions for the use of
international standards and regulations
for the commercial transportation of
hazardous materials to, from, or within
the United States. Paragraph (g) of this
section requires shipments to conform
to applicable HMR requirements,
including the general packaging
requirements in §§ 173.24 and 173.24a
and the reuse, reconditioning, and
remanufacture requirements in § 173.28.
The notice of proposed rulemaking
issued under this docket on January 27,
2006 (71 FR 4544) proposed to apply
these requirements ‘‘for export
shipments’’. The phrase ‘‘for export
shipments’’ was inadvertently dropped
from the May 3 final rule. It was not our
intention to require compliance with
§§ 173.24, 173.24a, or 173.28 for import
shipments. Therefore, in this final rule,
we are reinserting the phrase ‘‘for export
shipments’’ in paragraphs (g)(5) and
(g)(6) of § 173.22.
The DGAC appeal also identifies a
typographical error in § 171.12(a)(2).
Use of the term ‘‘subpart’’ in
§ 171.12(a)(2) is incorrect. This
paragraph should read: ‘‘When the
provisions of this subchapter require a
DOT specification or UN standard
packaging to be used for transporting a
hazardous material, a packaging
authorized by the Transport Canada
TDG Regulations may be used, subject
to the limitations of this part, and only
if it is equivalent to the corresponding
DOT specification or UN packaging (see
§ 173.24(d)(2) of this subchapter)
authorized by this subchapter.’’ We are
E:\FR\FM\28SER1.SGM
28SER1
Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Rules and Regulations
correcting the typographical error in this
final rule.
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. This final rule corrects errors
in a final rule published in the Federal
Register on May 3, 2007.
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.
rwilkins on PROD1PC63 with RULES
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.
VerDate Aug<31>2005
18:21 Sep 27, 2007
Jkt 211001
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 by reinserting a dropped
phrase and correcting a typographical
error. 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
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
Exports, Hazardous materials
transportation, Hazardous waste,
Imports, Incorporation by reference,
Reporting and recordkeeping
requirements.
I In consideration of the foregoing, we
are making the following corrections to
FR Doc. 07–1959, appearing on page
25162 in the Federal Register of
Thursday, May 3, 2007:
PART 171—[CORRECTED]
1. On page 25171, in § 171.12 correct
the text in paragraph (a)(2) to read as
follows:
I
§ 171.12
North American Shipments.
(a) * * *
(2) General packaging requirements.
When the provisions of this subchapter
require a DOT specification or UN
standard packaging to be used for
PO 00000
Frm 00081
Fmt 4700
Sfmt 4700
55091
transporting a hazardous material, a
packaging authorized by the Transport
Canada TDG Regulations may be used,
subject to the limitations of this part,
and only if it is equivalent to the
corresponding DOT specification or UN
packaging (see § 173.24(d)(2) of this
subchapter) authorized by this
subchapter.
*
*
*
*
*
I 2. On page 25173, in § 171.22, correct
the text in paragraphs (g)(5) and (g)(6) to
read as follows:
§ 171.22 Authorization and conditions for
use of international standards and
regulations.
*
*
*
*
*
(g) * * *
(5) For export shipments, the general
packaging requirements in §§ 173.24
and 173.24a of this subchapter;
(6) For export shipments, the
requirements for the reuse,
reconditioning, and remanufacture of
packagings in § 173.28 of this
subchapter; and
*
*
*
*
*
Issued in Washington, DC, on September
21, 2007, under authority delegated in 49
CFR part 1.
Krista L. Edwards,
Acting Administrator.
[FR Doc. E7–19259 Filed 9–27–07; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 173, 175 and 178
[Docket No. RSPA–04–17664 (HM–224B)]
RIN 2137–AD33
Hazardous Materials Regulations:
Transportation of Compressed
Oxygen, Other Oxidizing Gases and
Chemical Oxygen Generators on
Aircraft
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule; response to appeals.
AGENCY:
SUMMARY: On January 31, 2007, PHMSA
published a final rule that amended
requirements in the Hazardous
Materials Regulations applicable to the
air transportation of compressed oxygen
cylinders and oxygen generators. In
response to appeals submitted by
entities affected by the January 31 final
rule, this final rule amends
requirements adopted in the January 31,
2007 final rule and delays the effective
E:\FR\FM\28SER1.SGM
28SER1
Agencies
[Federal Register Volume 72, Number 188 (Friday, September 28, 2007)]
[Rules and Regulations]
[Pages 55090-55091]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19259]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 171
[Docket No. PHMSA-2005-23141 (HM-215F)]
RIN 2137-AE01
Hazardous Materials: Revision and Reformatting of Requirements
for the Authorization To Use International Transport Standards and
Regulations; Correction
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: On May 3, 2007, PHMSA published a final rule to amend the
Hazardous Materials Regulations (HMR; Parts 171-180) by revising and
consolidating the requirements applicable to the use of the
International Civil Aviation Organization's Technical Instructions for
the Safe Transport of Dangerous Goods by Air, the International
Maritime Dangerous Goods Code, the Canadian Transport of Dangerous
Goods Regulations, and the International Atomic Energy Agency Safety
Standards Series: Regulations for the Safe Transport of Radioactive
Material. This rule corrects errors in the final rule.
DATES: Effective date: September 28, 2007.
FOR FURTHER INFORMATION CONTACT: Joan McIntyre or Kurt Eichenlaub,
Office of Hazardous Materials Standards, (202) 366-8553, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Background
On May 3, 2007, the Pipeline and Hazardous Materials Safety
Administration (PHMSA, we) published a final rule under Docket No.
PHMSA-2005-23141 (HM-215F) to amend the Hazardous Materials Regulations
(HMR; 49 CFR Parts 171-180) by revising and consolidating the
requirements applicable to the use of the International Civil Aviation
Organization's Technical Instructions for the Safe Transport of
Dangerous Goods by Air, the International Maritime Dangerous Goods
Code, the Canadian Transport of Dangerous Goods Regulations, and the
International Atomic Energy Agency Safety Standards Series: Regulations
for the Safe Transport of Radioactive Material. The final rule is
effective as of October 1, 2007.
The Dangerous Goods Advisory Council (DGAC), an organization of
industry stakeholders, filed an appeal to the May 3 final rule on June
4, 2007. We are addressing most elements of DGAC's appeal in a separate
response, which will be included in the docket for this rulemaking. In
the meantime, we are issuing this correction to address certain errors
that DGAC identified in the text of the May 3 final rule.
Correction
The May 5 final rule added a new Sec. 171.22, which provides
authorization and conditions for the use of international standards and
regulations for the commercial transportation of hazardous materials
to, from, or within the United States. Paragraph (g) of this section
requires shipments to conform to applicable HMR requirements, including
the general packaging requirements in Sec. Sec. 173.24 and 173.24a and
the reuse, reconditioning, and remanufacture requirements in Sec.
173.28. The notice of proposed rulemaking issued under this docket on
January 27, 2006 (71 FR 4544) proposed to apply these requirements
``for export shipments''. The phrase ``for export shipments'' was
inadvertently dropped from the May 3 final rule. It was not our
intention to require compliance with Sec. Sec. 173.24, 173.24a, or
173.28 for import shipments. Therefore, in this final rule, we are
reinserting the phrase ``for export shipments'' in paragraphs (g)(5)
and (g)(6) of Sec. 173.22.
The DGAC appeal also identifies a typographical error in Sec.
171.12(a)(2). Use of the term ``subpart'' in Sec. 171.12(a)(2) is
incorrect. This paragraph should read: ``When the provisions of this
subchapter require a DOT specification or UN standard packaging to be
used for transporting a hazardous material, a packaging authorized by
the Transport Canada TDG Regulations may be used, subject to the
limitations of this part, and only if it is equivalent to the
corresponding DOT specification or UN packaging (see Sec. 173.24(d)(2)
of this subchapter) authorized by this subchapter.'' We are
[[Page 55091]]
correcting the typographical error in this final rule.
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. This final rule corrects errors in a final rule
published in the Federal Register on May 3, 2007.
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 by reinserting a dropped phrase and
correcting a typographical error. 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 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
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
0
In consideration of the foregoing, we are making the following
corrections to FR Doc. 07-1959, appearing on page 25162 in the Federal
Register of Thursday, May 3, 2007:
PART 171--[CORRECTED]
0
1. On page 25171, in Sec. 171.12 correct the text in paragraph (a)(2)
to read as follows:
Sec. 171.12 North American Shipments.
(a) * * *
(2) General packaging requirements. When the provisions of this
subchapter require a DOT specification or UN standard packaging to be
used for transporting a hazardous material, a packaging authorized by
the Transport Canada TDG Regulations may be used, subject to the
limitations of this part, and only if it is equivalent to the
corresponding DOT specification or UN packaging (see Sec. 173.24(d)(2)
of this subchapter) authorized by this subchapter.
* * * * *
0
2. On page 25173, in Sec. 171.22, correct the text in paragraphs
(g)(5) and (g)(6) to read as follows:
Sec. 171.22 Authorization and conditions for use of international
standards and regulations.
* * * * *
(g) * * *
(5) For export shipments, the general packaging requirements in
Sec. Sec. 173.24 and 173.24a of this subchapter;
(6) For export shipments, the requirements for the reuse,
reconditioning, and remanufacture of packagings in Sec. 173.28 of this
subchapter; and
* * * * *
Issued in Washington, DC, on September 21, 2007, under authority
delegated in 49 CFR part 1.
Krista L. Edwards,
Acting Administrator.
[FR Doc. E7-19259 Filed 9-27-07; 8:45 am]
BILLING CODE 4910-60-P