Hazardous Materials: Revision to the List of Hazardous Substances and Reportable Quantities, 37283-37285 [2011-15954]
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Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 172
[Docket No. PHMSA–2011–0102 (HM–145O)]
RIN 2137–AE74
Hazardous Materials: Revision to the
List of Hazardous Substances and
Reportable Quantities
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule.
AGENCY:
PHMSA amends the
Hazardous Materials Regulations by
removing saccharin and its salts from
the list of hazardous substances and
reportable quantities. The
Comprehensive Environmental
Response, Compensation and Liability
Act, requires PHMSA to list and
regulate all hazardous substances
designated by statute or by the U.S.
Environmental Protection Agency
(EPA). EPA recently removed saccharin
and its salts from their list of hazardous
substances through notice and comment
rulemaking. This final rule simply
harmonizes the lists to better enable
shippers and carriers to identify the
affected hazardous substances, comply
with all applicable regulatory
requirements, and make required
notifications if the release of a
hazardous substance occurs.
DATES: Effective Date: June 27, 2011.
FOR FURTHER INFORMATION CONTACT: Dirk
Der Kinderen (202) 366–8553, Standards
and Rulemaking Division, PHMSA,
1200 New Jersey Avenue, SE, East
Building, Washington, DC 20590–0001.
Questions about hazardous substance
designations or reportable quantities
should be directed to the Office of
Resource Conservation and Recovery,
U.S. Environmental Protection Agency,
1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone
number: (703) 308–0454.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Statutory Background
Section 306(a) of the Comprehensive
Environmental Response, Compensation
and Liability Act of 1980 (CERCLA; 42
U.S.C. 9601–9675), as amended by
section 202 of the Superfund
Amendments and Reauthorization Act
of 1986 (SARA; 42 U.S.C 11011 et seq.),
requires the Secretary of Transportation
to regulate hazardous substances listed
or designated under Section 101(14) of
CERCLA, 42 U.S.C. 9601(14), as
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hazardous materials under the Federal
hazardous materials transportation law
(49 U.S.C. 5101–5128). PHMSA carries
out the rulemaking responsibilities of
the Secretary of Transportation under
the Federal hazardous materials
transportation law, 49 CFR 1.53(b). This
final rule is necessary to comply with 42
U.S.C. 9656(a), as amended by Section
202 of SARA.
In carrying out the statutory mandate,
PHMSA has no discretion to determine
what is or is not a hazardous substance
or the appropriate reportable quantity
(RQ) for materials designated as
hazardous substances. This authority is
vested in EPA. In accordance with
CERCLA requirements, EPA must issue
final rules amending the list of CERCLA
hazardous substances, including
removing entries, before PHMSA can
amend the list of hazardous substances
in the Hazardous Materials Regulations
(HMR; 49 CFR parts 171–180). PHMSA
periodically revises the list of hazardous
substances and RQs in the HMR as
adjustments are made by EPA.
II. Regulatory Actions
EPA Rulemaking
EPA published a notice of proposed
rulemaking (NPRM) for public comment
on April 22, 2010 (75 FR 20942) and a
final rule December 17, 2010 (75 FR
78918) removing saccharin and its salts
from the List of Hazardous Substances
and Reportable Quantities in 40 CFR
302.4 (Table 302.4) in response to a
petition submitted to EPA. EPA received
two comments in response to the
NPRM, one supportive of removing
saccharin and its salts from the list and
one beyond the scope of the rulemaking.
The amendment includes the removal of
both the product name (saccharin) and
the chemical name (1,2-benzisothiazol3(2H)-one,1,1-dioxide). EPA based its
decision on a review of evaluations
conducted by key public health agencies
concerning the carcinogenic and other
potential toxicological effects of
saccharin and its salts, as well as their
own assessment of the waste generation
and management information for
saccharin and its salts. This review/
assessment demonstrated that saccharin
and its salts do not meet the criteria in
their hazardous waste regulations for
remaining on EPA’s lists of hazardous
constituents, hazardous wastes, and
hazardous substances. Specifically,
EPA’s listing of saccharin and its salts
as a hazardous substance was based
solely upon the material being listed as
hazardous wastes under the Resource
Conversation and Recovery Act (RCRA)
(see 40 CFR 261.33(f)). Thus, by no
longer being listed hazardous wastes,
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37283
there was no basis for retaining
saccharin and its salts in Table 302.4.
PHMSA Rulemaking
This final rule revises the ‘‘List of
Hazardous Substances and Reportable
Quantities’’ that appears in Table 1 to
Appendix A of § 172.101 by removing
the entry for saccharin and its salts
(including the chemical name and salts).
This revision is being made for
consistency with EPA’s December 17,
2010 final rule removing saccharin and
its salts from the List of Hazardous
Substances and Reportable Quantities in
Table 302.4. This final rule will enable
shippers and carriers to properly
identify CERCLA hazardous substances
subject to HMR and EPA requirements,
and subsequent notifications if a release
of a hazardous substance occurs. In
addition to the reporting requirements
of the HMR found in §§ 171.15 and
171.16, a release of a hazardous
substance is subject to EPA notification
requirements under 40 CFR 302.6 and
may be subject to the reporting
requirements of the U.S. Coast Guard
under 33 CFR 153.203.
PHMSA is publishing this final rule
without notice and public procedure
with good cause. As discussed in the
‘‘EPA Action’’ section above, EPA
revised the list of hazardous substances
through notice and public procedure.
EPA has ultimate discretion when
determining what is or is not a
hazardous substance. PHMSA is
statutorily mandated to list and regulate
in the 49 CFR EPA’s list of hazardous
substances. Thus, it is unnecessary for
PHMSA to again provide notice and
public procedure to incorporate into the
HMR the changes made by EPA.
III. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This
Rulemaking
This rulemaking is issued under
authority of the Federal hazardous
materials transportation law (49 U.S.C.
5101 et seq.), which authorizes the
Secretary of Transportation to prescribe
regulations for the safe transportation,
including security, of hazardous
materials in interstate, intrastate, and
foreign commerce. This rulemaking is
also issued under Section 306(a) of the
Comprehensive Environmental
Response, Compensation and Liability
Act of 1980 (CERCLA; 42 U.S.C. 9601–
9675), as amended by section 202 of the
Superfund Amendments and
Reauthorization Act of 1986 (SARA; 42
U.S.C 11011 et seq.), which requires the
Secretary of Transportation to regulate
hazardous substances listed or
designated under Section 101(14) of
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Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Rules and Regulations
CERCLA, 42 U.S.C. 9601(14), as
hazardous materials under the Federal
hazardous materials transportation law
(49 U.S.C. 5101–5128).
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B. Executive Order 12866, Executive
Order 13563, and DOT Regulatory
Policies and Procedures
This final rule is not a significant
rulemaking action under section 3(f) of
Executive Order 12866 and, therefore,
was not reviewed by the Office of
Management and Budget. The rule is not
considered significant under the
Regulatory Policies and Procedures of
the Department of Transportation (44 FR
11034). This rulemaking conforms to the
intent of Executive Order 13563. This
rulemaking relieves regulatory burdens
placed on shippers or carriers of
saccharin and on its salts that may be
subject to regulation under the 49 CFR
based on being defined as a hazardous
substance, and subsequent regulation as
a hazardous material by removing
saccharin and its salts from the list of
hazardous substances found in Table 1
of Appendix A to 49 CFR 172.101.
C. Executive Order 13132
This final rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’). This final rule
preempts State, local and Indian tribe
requirements but does not adopt 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.
The Federal hazardous material
transportation law, 49 U.S.C. 5101–
5128, contains an express preemption
provision (49 U.S.C. 5125(b)) that
preempts State, local, and Indian tribe
requirements on certain covered
subjects. Covered subjects are:
(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 materials 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
(5) The design, manufacture,
fabrication, inspection, marking,
maintenance, reconditioning, repair, or
testing of a packaging or container
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represented, marked, certified, or sold
as qualified for use in transporting
hazardous material.
This final rule addresses covered
subject items (1), (2), and (3) above and
would preempt State, local, and Indian
tribe requirements not meeting the
‘‘substantively the same’’ standard. This
rule is required by statute. Federal
hazardous materials transportation law
provides at Sec. 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 the
final rule and not later than two years
after the date of issuance. The effective
date of Federal preemption for these
requirements is September 26, 2011.
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, and
is required by statute, the funding and
consultation requirements of Executive
Order 13175 do not apply.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980
(5 U.S.C. 601 et seq.) requires a Federal
agency to assess the impact of a
regulatory action on small entities
unless the agency determines that a rule
is not expected to have a significant
impact on a substantial number of small
entities. The Regulatory Flexibility Act
applies only to final rules that are
preceded by notices of proposed
rulemaking (NPRM). Because this rule
was not preceded by an NPRM, no
assessment is required. EPA addressed
the Regulatory Flexibility Act when it
made the hazardous substances
designation reflected in this rule.
F. Executive Order 13272 and DOT
Regulatory Policies and Procedures
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 consideration
of the potential impact of a rulemaking
on small entities.
G. Paperwork Reduction Act
This final rule does not impose any
new information collection burdens
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under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3520).
H. 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 contained in the heading
of this document can be used to crossreference this action with the Unified
Agenda.
I. Unfunded Mandates Reform Act
This final rule imposes no unfunded
mandates under the Unfunded
Mandates Reform Act of 1995. It does
not result in costs of $140.8 million or
more to either State, local or tribal
governments, in the aggregate, or to the
private sector.
J. Privacy Act
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, 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 through 19478) or you may visit
https://www.dot.gov.
I. Environmental Assessment
The National Environmental Policy
Act of 1969 (NEPA), as amended (42
U.S.C. 4321–4347), requires a Federal
agency to consider the consequences of
a major Federal action and prepare a
detailed statement on actions
significantly affecting the quality of the
human environment. The revision made
to the ‘‘List of Hazardous Substances
and Reportable Quantities’’ found in
Table 1 of Appendix A to § 172.101 in
this final rule is not a major Federal
action significantly affecting the quality
of the human environment.
Releases of hazardous substances
have the potential to cause damages to
the human environment. Releases can
occur during any stage of transportation
(i.e., loading, transport, unloading, etc.).
When a release occurs, it may result in
increased risk to public health and the
environment such as increased human
exposure to carcinogens or adverse
impacts vegetation and wildlife
surrounding the location of the release.
EPA believes that saccharin and its
salts, based on the results of reviews of
available scientific information
performed by National Toxicology
Program and the International Agency
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Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Rules and Regulations
for Research on Cancer, do not pose a
present or potential risk of causing
toxic, carcinogenic, mutagenic or
teratogenic effects on humans or other
life forms. EPA believes the results, of
these reviews as well as their own
assessment of waste generation and
management information for saccharin
and its salts, indicate that saccharin and
its salts do not meet the criteria for
listing as hazardous wastes under 40
CFR 261.11. EPA’s listing of saccharin
and its salts as a hazardous substance
under CERCLA (40 CFR 302.4) was
based solely upon being listed as
hazardous wastes under RCRA (40 CFR
261.33(f)). Thus, we conclude there is
no significant environmental impact
associated with removing saccharin and
its salts for the ‘‘List of Hazardous
Substances and Reportable Quantities’’
found in Table 1 to Appendix A of 49
CFR 172.101 in this final rule.
List of Subjects in 49 CFR Part 172
Education, Hazardous materials
transportation, Hazardous waste,
Hazardous substances, Labeling,
Markings, Packaging and containers,
Reporting and recordkeeping
requirements.
In consideration of the foregoing, Title
49, part 172 of the Code of Federal
Regulations, is amended as follows:
PART 172—HAZARDOUS MATERIALS
TABLE, SPECIAL PROVISIONS,
HAZARDOUS MATERIALS
COMMUNICATIONS, EMERGENCY
RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
1. The authority citation for part 172
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.53.
[Amended]
2. Section 172.101 Appendix A is
amended as follows:
■ a. By removing the entry ‘‘1,2Benzisothiazol-3(2H)-one, 1,1-dioxide, &
salts’’ from Table 1.
■ b. By removing the entry ‘‘Saccharin
& salts’’ from Table 1.
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■
Issued in Washington, DC on June 21, 2011
under authority delegated in 49 CFR part 1.
Cynthia L. Quarterman,
Administrator.
[FR Doc. 2011–15954 Filed 6–24–11; 8:45 am]
BILLING CODE 4910–60–P
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National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 100803320–1319–03]
RIN 0648–AY93
Fisheries in the Western Pacific;
Mechanism for Specifying Annual
Catch Limits and Accountability
Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule establishes the
procedures and timing for specifying
annual catch limits (ACLs) and
accountability measures (AMs) for
western Pacific fisheries. The final rule
is intended to help NMFS end and
prevent overfishing, rebuild overfished
stocks, and achieve optimum yield.
DATES: This rule is effective July 27,
2011.
SUMMARY:
Copies of the Fishery
Ecosystem Plans (FEP) for the Pacific
Remote Islands Areas (PRIA), American
Samoa, Mariana Archipelago, Hawaii,
and western Pacific pelagic fisheries are
available from the Western Pacific
Fishery Management Council (Council),
1164 Bishop St., Suite 1400, Honolulu,
HI 96813, 808–522–8220, fax 808–522–
8226, or https://www.wpcouncil.org.
FOR FURTHER INFORMATION CONTACT:
Jarad Makaiau, NMFS PIR, Sustainable
Fisheries, 808–944–2108.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
requires that fishery management plans
include a mechanism for specifying
ACLs at a level such that overfishing
does not occur and that does not exceed
the fishing level recommendation of a
council’s Scientific and Statistical
Committee (SSC). AMs are also required
to prevent ACLs from being exceeded,
and to correct or mitigate overage of an
ACL should it occur. The requirements
for ACLs and AMs do not apply to
fisheries for stocks that are subject to
international fishery agreements in
which the U.S. participates, or for
species with life cycles of
approximately one year. ACLs and AMs
are also not required for species
classified in a fishery management plan
as ‘‘ecosystem component species,’’
which are generally non-target species,
not determined to be subject to
ADDRESSES:
■
§ 172.101
DEPARTMENT OF COMMERCE
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37285
overfishing, approaching overfished, or
overfished, not likely to become subject
to overfishing or overfished, and
generally not retained for sale or
personal use.
This final rule implements the
mechanism that NMFS will use to
specify ACLs (possibly including multiyear ACLs) and AMs in western Pacific
fisheries. Briefly, the Council will
recommend an ACL to NMFS at least
two months before the start of a fishing
year. The Council will base its
recommendation on the SSC’s fishing
level recommendation for the subject
species or fishery, and may not exceed
it. At least one month before the fishing
year starts, NMFS will request public
comment on the proposed ACL. Before
the start of the fishing year, NMFS will
notify fishermen and the public of the
final ACL specification.
NMFS will monitor the fishery on an
ongoing basis throughout the fishing
year. When an ACL is projected to be
reached during the year, NMFS will
notify fishermen and the public that
fishing for the regulated stock will be
restricted through one or more inseason
accountability measures to ensure that
the ACL is not exceeded. Restrictions
may include, but are not limited to,
closing the fishery, closing specific
areas, changing bag limits, or otherwise
restricting effort or catch. Any inseason
restriction will generally remain in
effect until the end of the fishing year.
If inseason monitoring or subsequent
data analyses indicate that an ACL was
exceeded in the previous fishing year,
the Council may recommend that NMFS
reduce the ACL for the subsequent year
by the amount of the overage.
This rule establishes only the
procedures for specifying ACLs and
AMs. The Council and NMFS will
provide the public with opportunities to
review and comment on the ACLs and
AMs for each fishery at the time they are
proposed.
Comments and Responses
On March 31, 2011, NMFS published
a proposed rule and request for public
comment (76 FR 17808). The public
comment period ended on May 16,
2011. Additional background
information on this final rule is found
in the preamble to the proposed rule
and is not repeated here. NMFS
received two comments that were
generally supportive of this action.
Changes From the Proposed Rule
No changes were made from the
proposed rule.
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]]>Agencies
[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Rules and Regulations]
[Pages 37283-37285]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15954]
[[Page 37283]]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 172
[Docket No. PHMSA-2011-0102 (HM-145O)]
RIN 2137-AE74
Hazardous Materials: Revision to the List of Hazardous Substances
and Reportable Quantities
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: PHMSA amends the Hazardous Materials Regulations by removing
saccharin and its salts from the list of hazardous substances and
reportable quantities. The Comprehensive Environmental Response,
Compensation and Liability Act, requires PHMSA to list and regulate all
hazardous substances designated by statute or by the U.S. Environmental
Protection Agency (EPA). EPA recently removed saccharin and its salts
from their list of hazardous substances through notice and comment
rulemaking. This final rule simply harmonizes the lists to better
enable shippers and carriers to identify the affected hazardous
substances, comply with all applicable regulatory requirements, and
make required notifications if the release of a hazardous substance
occurs.
DATES: Effective Date: June 27, 2011.
FOR FURTHER INFORMATION CONTACT: Dirk Der Kinderen (202) 366-8553,
Standards and Rulemaking Division, PHMSA, 1200 New Jersey Avenue, SE,
East Building, Washington, DC 20590-0001. Questions about hazardous
substance designations or reportable quantities should be directed to
the Office of Resource Conservation and Recovery, U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460;
telephone number: (703) 308-0454.
SUPPLEMENTARY INFORMATION:
I. Statutory Background
Section 306(a) of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (CERCLA; 42 U.S.C. 9601-9675),
as amended by section 202 of the Superfund Amendments and
Reauthorization Act of 1986 (SARA; 42 U.S.C 11011 et seq.), requires
the Secretary of Transportation to regulate hazardous substances listed
or designated under Section 101(14) of CERCLA, 42 U.S.C. 9601(14), as
hazardous materials under the Federal hazardous materials
transportation law (49 U.S.C. 5101-5128). PHMSA carries out the
rulemaking responsibilities of the Secretary of Transportation under
the Federal hazardous materials transportation law, 49 CFR 1.53(b).
This final rule is necessary to comply with 42 U.S.C. 9656(a), as
amended by Section 202 of SARA.
In carrying out the statutory mandate, PHMSA has no discretion to
determine what is or is not a hazardous substance or the appropriate
reportable quantity (RQ) for materials designated as hazardous
substances. This authority is vested in EPA. In accordance with CERCLA
requirements, EPA must issue final rules amending the list of CERCLA
hazardous substances, including removing entries, before PHMSA can
amend the list of hazardous substances in the Hazardous Materials
Regulations (HMR; 49 CFR parts 171-180). PHMSA periodically revises the
list of hazardous substances and RQs in the HMR as adjustments are made
by EPA.
II. Regulatory Actions
EPA Rulemaking
EPA published a notice of proposed rulemaking (NPRM) for public
comment on April 22, 2010 (75 FR 20942) and a final rule December 17,
2010 (75 FR 78918) removing saccharin and its salts from the List of
Hazardous Substances and Reportable Quantities in 40 CFR 302.4 (Table
302.4) in response to a petition submitted to EPA. EPA received two
comments in response to the NPRM, one supportive of removing saccharin
and its salts from the list and one beyond the scope of the rulemaking.
The amendment includes the removal of both the product name (saccharin)
and the chemical name (1,2-benzisothiazol-3(2H)-one,1,1-dioxide). EPA
based its decision on a review of evaluations conducted by key public
health agencies concerning the carcinogenic and other potential
toxicological effects of saccharin and its salts, as well as their own
assessment of the waste generation and management information for
saccharin and its salts. This review/assessment demonstrated that
saccharin and its salts do not meet the criteria in their hazardous
waste regulations for remaining on EPA's lists of hazardous
constituents, hazardous wastes, and hazardous substances. Specifically,
EPA's listing of saccharin and its salts as a hazardous substance was
based solely upon the material being listed as hazardous wastes under
the Resource Conversation and Recovery Act (RCRA) (see 40 CFR
261.33(f)). Thus, by no longer being listed hazardous wastes, there was
no basis for retaining saccharin and its salts in Table 302.4.
PHMSA Rulemaking
This final rule revises the ``List of Hazardous Substances and
Reportable Quantities'' that appears in Table 1 to Appendix A of Sec.
172.101 by removing the entry for saccharin and its salts (including
the chemical name and salts). This revision is being made for
consistency with EPA's December 17, 2010 final rule removing saccharin
and its salts from the List of Hazardous Substances and Reportable
Quantities in Table 302.4. This final rule will enable shippers and
carriers to properly identify CERCLA hazardous substances subject to
HMR and EPA requirements, and subsequent notifications if a release of
a hazardous substance occurs. In addition to the reporting requirements
of the HMR found in Sec. Sec. 171.15 and 171.16, a release of a
hazardous substance is subject to EPA notification requirements under
40 CFR 302.6 and may be subject to the reporting requirements of the
U.S. Coast Guard under 33 CFR 153.203.
PHMSA is publishing this final rule without notice and public
procedure with good cause. As discussed in the ``EPA Action'' section
above, EPA revised the list of hazardous substances through notice and
public procedure. EPA has ultimate discretion when determining what is
or is not a hazardous substance. PHMSA is statutorily mandated to list
and regulate in the 49 CFR EPA's list of hazardous substances. Thus, it
is unnecessary for PHMSA to again provide notice and public procedure
to incorporate into the HMR the changes made by EPA.
III. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This rulemaking is issued under authority of the Federal hazardous
materials transportation law (49 U.S.C. 5101 et seq.), which authorizes
the Secretary of Transportation to prescribe regulations for the safe
transportation, including security, of hazardous materials in
interstate, intrastate, and foreign commerce. This rulemaking is also
issued under Section 306(a) of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (CERCLA; 42 U.S.C.
9601-9675), as amended by section 202 of the Superfund Amendments and
Reauthorization Act of 1986 (SARA; 42 U.S.C 11011 et seq.), which
requires the Secretary of Transportation to regulate hazardous
substances listed or designated under Section 101(14) of
[[Page 37284]]
CERCLA, 42 U.S.C. 9601(14), as hazardous materials under the Federal
hazardous materials transportation law (49 U.S.C. 5101-5128).
B. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures
This final rule is not a significant rulemaking action under
section 3(f) of Executive Order 12866 and, therefore, was not reviewed
by the Office of Management and Budget. The rule is not considered
significant under the Regulatory Policies and Procedures of the
Department of Transportation (44 FR 11034). This rulemaking conforms to
the intent of Executive Order 13563. This rulemaking relieves
regulatory burdens placed on shippers or carriers of saccharin and on
its salts that may be subject to regulation under the 49 CFR based on
being defined as a hazardous substance, and subsequent regulation as a
hazardous material by removing saccharin and its salts from the list of
hazardous substances found in Table 1 of Appendix A to 49 CFR 172.101.
C. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule preempts State, local and Indian tribe requirements but does
not adopt 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.
The Federal hazardous material transportation law, 49 U.S.C. 5101-
5128, contains an express preemption provision (49 U.S.C. 5125(b)) that
preempts State, local, and Indian tribe requirements on certain covered
subjects. Covered subjects are:
(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 materials 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
(5) The design, manufacture, fabrication, inspection, 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 covered subject items (1), (2), and (3)
above and would preempt State, local, and Indian tribe requirements not
meeting the ``substantively the same'' standard. This rule is required
by statute. Federal hazardous materials transportation law provides at
Sec. 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
the final rule and not later than two years after the date of issuance.
The effective date of Federal preemption for these requirements is
September 26, 2011.
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, and is required by statute, the funding and
consultation requirements of Executive Order 13175 do not apply.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires a Federal agency to assess the impact of a regulatory action
on small entities unless the agency determines that a rule is not
expected to have a significant impact on a substantial number of small
entities. The Regulatory Flexibility Act applies only to final rules
that are preceded by notices of proposed rulemaking (NPRM). Because
this rule was not preceded by an NPRM, no assessment is required. EPA
addressed the Regulatory Flexibility Act when it made the hazardous
substances designation reflected in this rule.
F. Executive Order 13272 and DOT Regulatory Policies and Procedures
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 consideration of the
potential impact of a rulemaking on small entities.
G. Paperwork Reduction Act
This final rule does not impose any new information collection
burdens under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
H. 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 contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.
I. Unfunded Mandates Reform Act
This final rule imposes no unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of $140.8
million or more to either State, local or tribal governments, in the
aggregate, or to the private sector.
J. Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, 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 through 19478) or you may visit https://www.dot.gov.
I. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), requires a Federal agency to consider the
consequences of a major Federal action and prepare a detailed statement
on actions significantly affecting the quality of the human
environment. The revision made to the ``List of Hazardous Substances
and Reportable Quantities'' found in Table 1 of Appendix A to Sec.
172.101 in this final rule is not a major Federal action significantly
affecting the quality of the human environment.
Releases of hazardous substances have the potential to cause
damages to the human environment. Releases can occur during any stage
of transportation (i.e., loading, transport, unloading, etc.). When a
release occurs, it may result in increased risk to public health and
the environment such as increased human exposure to carcinogens or
adverse impacts vegetation and wildlife surrounding the location of the
release. EPA believes that saccharin and its salts, based on the
results of reviews of available scientific information performed by
National Toxicology Program and the International Agency
[[Page 37285]]
for Research on Cancer, do not pose a present or potential risk of
causing toxic, carcinogenic, mutagenic or teratogenic effects on humans
or other life forms. EPA believes the results, of these reviews as well
as their own assessment of waste generation and management information
for saccharin and its salts, indicate that saccharin and its salts do
not meet the criteria for listing as hazardous wastes under 40 CFR
261.11. EPA's listing of saccharin and its salts as a hazardous
substance under CERCLA (40 CFR 302.4) was based solely upon being
listed as hazardous wastes under RCRA (40 CFR 261.33(f)). Thus, we
conclude there is no significant environmental impact associated with
removing saccharin and its salts for the ``List of Hazardous Substances
and Reportable Quantities'' found in Table 1 to Appendix A of 49 CFR
172.101 in this final rule.
List of Subjects in 49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Hazardous substances, Labeling, Markings, Packaging and containers,
Reporting and recordkeeping requirements.
0
In consideration of the foregoing, Title 49, part 172 of the Code of
Federal Regulations, is amended as follows:
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
0
1. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.53.
Sec. 172.101 [Amended]
0
2. Section 172.101 Appendix A is amended as follows:
0
a. By removing the entry ``1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide, &
salts'' from Table 1.
0
b. By removing the entry ``Saccharin & salts'' from Table 1.
Issued in Washington, DC on June 21, 2011 under authority
delegated in 49 CFR part 1.
Cynthia L. Quarterman,
Administrator.
[FR Doc. 2011-15954 Filed 6-24-11; 8:45 am]
BILLING CODE 4910-60-P
