Hazardous Materials: Editorial Corrections and Clarifications; Correction, 4756-4761 [2023-01327]
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Federal Register / Vol. 88, No. 16 / Wednesday, January 25, 2023 / Rules and Regulations
accessibility standards for the order. In those
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Checklist and any other additional
information necessary to assist the
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(End of clause)
[FR Doc. 2023–00586 Filed 1–24–23; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 107, 110, 171, 172, 173,
174, 175, 176, 177, 178, and 180
[Docket No. PHMSA–2021–0091 (HM–260B)]
RIN 2137–AF56
Hazardous Materials: Editorial
Corrections and Clarifications;
Correction
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Final rule; correction.
AGENCY:
The Pipeline and Hazardous
Materials Safety Administration is
correcting the final rule that appeared in
the Federal Register on December 27,
2022. The final rule made editorial
revisions and clarifications to the
hazardous materials regulations
including the hazardous materials table.
The corrections address several errors to
the hazardous material entries in the
hazardous materials table.
DATES: This correction is effective
January 26, 2023.
FOR FURTHER INFORMATION CONTACT: Yul
B. Baker Jr., Standards and Rulemaking
Division, at 202–366–8553, Pipeline and
Hazardous Materials Safety
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, East Building, 2nd Floor,
Washington, DC 20590–0001.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Background and Need for Correction
The Pipeline and Hazardous Materials
Safety Administration (PHMSA)
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published final rule HM–260B 1 to
correct editorial errors and improve the
clarity of certain provisions in PHMSA’s
program and procedural regulations and
in the Hazardous Materials Regulations
(HMR; 49 Code of Federal Regulations
parts 171–180). The intended effect of
the rulemaking was to enhance accuracy
and reduce misunderstandings of the
HMR. The changes in the final rule
included numerous amendments to the
§ 172.101 Hazardous Materials Table
(HMT). Unfortunately, the amendments
to the table entries for various
hazardous materials introduced new
unintended errors that PHMSA is
correcting in this notice. The
unintended errors are summarized
below.
UN2258, 1,2-Propylenediamine: In
HM–260B, PHMSA removed special
provision A6 from column (7) of the
§ 172.101 HMT for several hazardous
materials including ‘‘UN2258, 1,2Propylenediamine.’’ Special provision
A6 was removed because it had been
inadvertently added back to the
§ 172.101 HMT when making unrelated
changes to entries in final rule HM–
219C.2 UN2258, 1,2-Propylenediamine
is a Class 8 corrosive liquid material
that also has a secondary Class 3
flammable hazard. Thus, in column (6)
of the table, the codes ‘‘8’’ and ‘‘3’’ are
specified for the hazard labels required
for a package containing this material.
However, in HM–260B, we
inadvertently omitted reference to the
‘‘3’’ from column (6). The absence of the
‘‘3’’ will create uncertainty for shippers
and carriers of ‘‘UN2258, 1,2Propylenediamine’’ as to whether a
Class 3 label is required on a package
containing this material. To meet the
original intent of HM–260B to enhance
accuracy and reduce misunderstandings
of the HMR, PHMSA is correcting this
error in this notice. See Section III.
Corrections.
Vessel stowage codes: In HM–260B,
PHMSA also made several revisions to
correct inadvertent omissions of vessel
stowage codes from column (10B) to the
§ 172.101 HMT for the entries ‘‘UN1783,
Hexamethylenediamine solution, 8, III,’’
‘‘UN1788, Hydrobromic acid, with not
more than 49 percent hydrobromic
acid,’’ and ‘‘UN1740,
Hydrogendifluoride, solid, n.o.s., 8, III.’’
Column (10B) assigns specific codes for
the stowage and handling requirements
for specific hazardous materials
transported by vessel. In HM–219C,
PHMSA had inadvertently omitted
stowage code ‘‘52’’ for the Packing
Group (PG) III entry for
1 87
2 85
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FR 75680 (Nov. 25, 2020).
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‘‘Hexamethylenediamine solution’’ and
stowage codes ‘‘53’’ and ‘‘58’’ for the PG
III entry for ‘‘Hydrogendifluoride, solid,
n.o.s,’’ when making unrelated changes
to these entries to specify reference
citations for authorized packaging
exceptions.
Stowage code ‘‘52’’ means stow
‘‘separated from’’ acids. Stowage codes
‘‘53’’ and ‘‘58’’ mean stow ‘‘separated
from’’ alkaline compounds and stow
‘‘separated from’’ cyanides, respectively.
These stowage codes are important to
ensure proper segregation between acids
and both amines and cyanides. Amines
react dangerously with acids and
evolving heat, and the heat of reaction
has the potential to generate corrosive
vapors. Cyanides react with acids to
generate toxic vapors. PHMSA
attempted to add the respective stowage
codes back to column (10B) under HM–
260B but instead added the stowage
codes to column (7), which assigns
special provisions applicable to certain
§ 172.101 HMT entries. More
specifically, stowage code ‘‘52’’ was
added to both column (7) and column
(10B) for ‘‘Hexamethylenediamine
solution, II’’ and stowage codes ‘‘53’’
and ‘‘58’’ were added to column (7) and
not column (10B) for
‘‘Hydrogendifluoride, solid, n.o.s., III.’’
Readers may misinterpret unrelated
special provisions as being applicable
and that the stowage codes that were
inadvertently omitted would not apply.
For example, special provision ‘‘53’’
requires packages to display a
subsidiary risk label ‘‘EXPLOSIVE’’
along with the subsidiary hazard
indicated in the shipping description. If
‘‘53’’ were to remain in column (7) for
the PG III entry of
‘‘Hexamethylenediamine solution’’—
which is a corrosive material that does
not have an explosive hazard—persons
would be mischaracterizing the hazard
for the material.
Additionally, in final rule HM–215O,3
PHMSA inadvertently omitted stowage
codes ‘‘53’’ and ‘‘58’’ for the entry
‘‘UN1788, Hydrobromic acid, with not
more than 49 percent hydrobromic
acid.’’ PHMSA had made numerous
changes to the stowage codes assigned
to hazardous materials in the § 172.101
HMT for consistency with the
International Maritime Dangerous
Goods (IMDG) Code for regulation of
hazardous material transported by
vessel including for the companion
entry ‘‘UN1788, Hydrobromic acid, with
more than 49 percent hydrobromic
acid.’’ The IMDG Code Dangerous
Goods List has just one table entry for
‘‘UN1788, Hydrobromic acid,’’ but
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PHMSA splits it into two hazardous
materials descriptions because of
varying safety measures dependent on
the mode of transport. For instance,
‘‘UN1788, Hydrobromic acid, with more
than 49 percent hydrobromic acid,’’ is
forbidden for transport by air. PHMSA
attempted to add the respective stowage
codes to column (10B) of the § 172.101
HMT to the ‘‘not more than’’ entry of
UN1788 but inadvertently omitted the
‘‘not’’ from the hazardous materials
description effectively making the
changes apply to the ‘‘more than’’ entry
of UN1788. PHMSA also inadvertently
omitted stowage code ‘‘8’’ in the
process. If these errors remain
uncorrected, readers may misinterpret
the provisions that apply to the ‘‘more
than’’ entry as now applying to the ‘‘not
more than’’ entry and that the missing
stowage codes would not apply when
transporting this material. To meet the
intent of HM–260B to enhance accuracy
and reduce misunderstandings of the
HMR, PHMSA is correcting these errors
in this notice. See Section III.
Corrections.
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II. Regulatory Analyses and Notices
A. Statutory/Legal Authority
Statutory authority for this correction
notice is provided by the Federal
Hazardous Materials Transportation
Law (49 U.S.C. 5101 et seq.). The
Secretary delegated the authority
granted in this law to the PHMSA
Administrator at 49 CFR 1.97(b).
PHMSA finds it has good cause to
make the corrections without notice and
comment pursuant to Section 553(b) of
the Administrative Procedure Act (APA,
5 U.S.C. 551, et seq.). Section 553(b)(B)
of the APA provides that, when an
agency for good cause finds that notice
and public procedure are impracticable,
unnecessary, or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. As
explained above, the changes to the text
of the final rule document provided in
this notice consist of corrections to
preamble discussion of § 172.101 HMT
and corrections to the regulatory text in
the amendatory instruction for changes
to § 172.101 HMT. The publication of
this correction notice is needed to
ensure the accuracy and reduce
misunderstanding of unintended
changes or omissions to § 172.101 HMT.
The January 26, 2023, effective date of
the revisions contained in this notice is
authorized under both Section 553(d)(1)
and (3) of the APA. Section 553(d)(1)
provides that a rule should take effect
‘‘not less than 30 days’’ after publication
in the Federal Register except for ‘‘a
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substantive rule which grants or
recognizes an exemption or relieves a
restriction,’’ while Section 553(d)(3)
allows for earlier effectiveness for good
cause found by the agency and
published within the rule. 5 U.S.C.
553(d)(1), (3). ‘‘The purpose of the
thirty-day waiting period is to give
affected parties a reasonable time to
adjust their behavior before the final
rule takes effect.’’ Omnipoint Corp. v.
F.C.C., 78 F.3d 620, 630 (D.C. Cir. 1996).
Since this final rule has not yet taken
effect, the impact on affected parties is
minimal and such parties will not be
adversely impacted by the shortened
period before the correction becomes
effective. The corrections in this notice
accurately represent the intended
changes to the § 172.101 HMT in the
final rule and, in accordance with 5
U.S.C. 553(d)(1), are effective January
26, 2023. Moreover, PHMSA finds that
good cause under Section 553(d)(3)
supports making the revisions effective
January 26, 2023, because the
corrections contained in this notice are
entirely consistent with the final rule—
which itself was published on December
27, 2022—and helps promote accuracy
and understanding of the § 172.101
HMT requirements prior to the January
26, 2023, effective date.
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
This notice has been evaluated in
accordance with existing policies and
procedures and is considered not
significant under Executive Order 12866
(‘‘Regulatory Planning and Review’’)
and DOT Order 2100.6A (‘‘Rulemaking
and Guidance Procedures’’); therefore,
this notice has not been reviewed by the
Office of Management and Budget
(OMB) under Executive Order 12866.
PHMSA finds that the corrections in the
notice (in all respects consistent with
the final rule) neither impose
incremental compliance costs nor
adversely affect safety.
C. Regulatory Flexibility Act and
Executive Order 13272
The Regulatory Flexibility Act (5
U.S.C. 601, et seq.) requires agencies to
review regulations to assess their impact
on small entities unless the agency head
certifies that a rulemaking will not have
a significant economic impact on a
substantial number of small entities
including small businesses, not-forprofit organizations that are
independently owned and operated and
are not dominant in their fields, and
governmental jurisdictions with
populations under 50,000. The
Regulatory Flexibility Act directs
agencies to establish exceptions and
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differing compliance standards for small
businesses when possible to do so and
still meet the objectives of applicable
regulatory statutes. Executive Order
13272 (‘‘Proper Consideration of Small
Entities in Agency Rulemaking’’) 4
requires agencies to establish
procedures and policies to promote
compliance with the Regulatory
Flexibility Act and to ‘‘thoroughly
review draft rules to assess and take
appropriate account of the potential
impact’’ of the rules on small
businesses, governmental jurisdictions,
and small organizations. DOT posts its
implementing guidance on a dedicated
web page.5
The final rule was developed in
accordance with Executive Order 13272
and with DOT’s procedures and policies
to promote compliance with the
Regulatory Flexibility Act and ensure
that potential impacts of draft rules on
small entities are properly considered.
There are no costs to small entities
associated with the final rule. The final
rule made non-substantive changes that
do not impose new requirements, so
there are no direct or indirect adverse
economic impacts for small units of
government, businesses, or other
organizations. This notice similarly does
not impose new requirements but makes
corrections to errors in the final rule
document in the amendments to the
§ 172.101 HMT that if left uncorrected
would be inaccurate and cause
misunderstanding by stakeholders as to
what requirements apply. Consequently,
PHMSA certifies that neither the final
rule nor this notice has a significant
economic impact on a substantial
number of small entities.
D. Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501, et seq.), no
person is required to respond to any
information collection unless it has
been approved by OMB and displays a
valid OMB control number. Section
1320.8(d) of 5 CFR requires that PHMSA
provide interested members of the
public and affected agencies an
opportunity to comment on information
and recordkeeping requests. The
corrections in this notice impose no
new or revised information collection.
E. Unfunded Mandates Reform Act of
1995
The Unfunded Mandates Reform Act
of 1995 (UMRA; 2 U.S.C. 1501, et seq.)
requires agencies to assess the effects of
4 67
FR 53461 (Aug. 16, 2002).
‘‘Rulemaking Requirements Related to
Small Entities,’’ https://www.transportation.gov/
regulations/rulemaking-requirements-concerningsmall-entities (last accessed June 17, 2021).
5 DOT,
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federal regulatory actions on state, local,
and tribal governments, and the private
sector. For any final rule that includes
a federal mandate that may result in the
expenditure by state, local, and tribal
governments, or by the private sector of
$100 million or more in 1996 dollars in
any given year, the agency must
prepare, amongst other things, a written
statement that qualitatively and
quantitatively assesses the costs and
benefits of the federal mandate. The
final rule did not impose unfunded
mandates under the UMRA and this
notice to correct errors in the final rule
document also does not impose
unfunded mandates. It does not result in
costs of $100 million or more in 1996
dollars to either state, local, or tribal
governments, or to the private sector in
any one year and is the least
burdensome alternative that achieves
the objective of the rule.
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F. National Environmental Policy Act
The National Environmental Policy
Act of 1969 (NEPA), as amended (42
U.S.C. 4321 et seq.), and implementing
regulations by the Council on
Environmental Quality (40 CFR part
1500) requires federal agencies to
consider the consequences of federal
actions and prepare a detailed statement
on actions that significantly affect the
quality of the human environment. DOT
Order 5610.1C, ‘‘Procedures for
Considering Environmental Impacts,’’
establishes departmental procedures for
evaluating environmental impacts under
NEPA and its implementing regulations.
The purpose of the final rule was to
introduce non-substantive changes that
do not impose new requirements in
order to improve accuracy and
understanding of the HMR. The
corrections to the final rule in this
notice similarly do not impose new
requirements. Therefore, PHMSA has
determined that implementing this final
rule will not significantly impact the
quality of the human environment.
G. Executive Order 13132
The final rule was analyzed in
accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’) 6 and its
implementing Presidential
Memorandum (‘‘Preemption’’).7
Executive Order 13132 requires agencies
to assure meaningful and timely input
by state and local officials in the
development of regulatory policies that
may have ‘‘substantial direct effects on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.’’ The corrections
in this notice are consistent with, and
facilitate compliance with, the final
rule, and do not have any 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 beyond what was
accounted for in the final rule. It does
not contain any provision that imposes
any substantial direct compliance costs
on state and local governments, nor any
new provision that preempts state law.
Therefore, the consultation and funding
requirements of Executive Order 13132
do not apply.
H. Environmental Justice
Executive Orders 12898 (‘‘Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations’’),8 13985
(‘‘Advancing Racial Equity and Support
for Underserved Communities Through
the Federal Government’’),9 13990
(‘‘Protecting Public Health and the
Environment and Restoring Science To
Tackle the Climate Crisis’’),10 14008
(‘‘Tackling the Climate Crisis at Home
and Abroad’’) 11 and DOT Order
5610.2C (‘‘Department of Transportation
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations’’) require DOT
agencies to achieve environmental
justice as part of their mission by
identifying and addressing, as
appropriate, disproportionately high
and adverse human health or
environmental effects, including
interrelated social and economic effects
of their programs, policies, and
activities on minority populations, lowincome populations, and other
underserved and disadvantaged
communities.
PHMSA evaluated the final rule under
the above Executive Orders and DOT
Order 5610.2C and did not expect the
final rule to cause disproportionately
high and adverse human health and
environmental effects on minority, lowincome, underserved, and other
disadvantaged populations and
communities. The final rule was facially
neutral and national in scope; it was
neither directed toward a particular
population, region, or community, nor
was it expected to adversely impact any
particular population, region, or
8 59
FR 7629 (Feb. 11, 1994).
FR 7009 (Jan. 20, 2021).
10 86 FR 7037 (Jan. 20, 2021).
11 86 FR 7619 (Feb. 1, 2021).
9 86
6 64
7 74
FR 43255 (Aug. 10, 1999).
FR 24693 (May 22, 2009).
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community. Since PHMSA did not
expect the final rule to adversely affect
the safe transportation of hazardous
materials generally, PHMSA does not
expect the corrections to the final rule
in this notice to involve
disproportionately high adverse risks for
minority populations, low-income
populations, or other underserved and
other disadvantaged communities.
I. Executive Order 13175
The final rule was analyzed in
accordance with the principles and
criteria contained in Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’) 12
and DOT Order 5301.1 (‘‘Department of
Transportation Policies, Programs, and
Procedures Affecting American Indians,
Alaska Natives, and Tribes’’). Because
none of the corrections have Tribal
implications or impose substantial
direct compliance costs on Indian Tribal
governments, the funding and
consultation requirements of Executive
Order 13175 do not apply.
Executive Order 13175 and DOT
Order 5301.1 require DOT Operating
Administrations to assure meaningful
and timely input from Indian Tribal
government representatives in the
development of rules that significantly
or uniquely affect tribal communities by
imposing ‘‘substantial direct compliance
costs’’ or ‘‘substantial direct effects’’ on
such communities or the relationship
and distribution of power between the
Federal Government and Native
American Tribes. PHMSA assessed the
impact of this final rule and determined
that it did not significantly or uniquely
affect tribal communities or Native
American Tribal governments. The
changes to the HMR as written in the
final rule are facially neutral and have
broad, national scope. PHMSA
therefore, expected the final rule not to
affect tribal communities significantly
or uniquely, much less impose
substantial compliance costs on Native
American Tribal governments or
mandate tribal action. Because PHMSA
expects the final rule will not adversely
affect the safe transportation of
hazardous materials generally, PHMSA
does not expect it will entail
disproportionately high adverse risks for
tribal communities. For these reasons,
PHMSA concluded the funding and
consultation requirements of Executive
Order 13175 and DOT Order 5301.1 do
not apply. Similarly, PHMSA does not
expect the corrections to the final rule
in this notice to affect tribal
communities significantly or uniquely,
much less impose substantial
12 65
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Federal Register / Vol. 88, No. 16 / Wednesday, January 25, 2023 / Rules and Regulations
Transfer and Advancement Act of 1995
is not applicable in this case.
compliance costs on Native American
Tribal governments or mandate tribal
action.
J. Executive Order 13609 and
International Trade Analysis
Under Executive Order 13609
(‘‘Promoting International Regulatory
Cooperation’’),13 agencies must consider
whether the impacts associated with
significant variations between domestic
and international regulatory approaches
are unnecessary or may impair the
ability of American business to export
and compete internationally. In meeting
shared challenges involving health,
safety, labor, security, environmental,
and other issues, international
regulatory cooperation can identify
approaches that are at least as protective
as those that are or would be adopted in
the absence of such cooperation.
International regulatory cooperation can
also reduce, eliminate, or prevent
unnecessary differences in regulatory
requirements. The corrections to the
final rule in this notice do not impact
international trade.
K. National Technology Transfer and
Advancement Act
The National Technology Transfer
and Advancement Act of 1995 (15
U.S.C. 272 note) directs federal agencies
to use voluntary consensus standards in
their regulatory activities unless doing
so would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specification
of materials, test methods, or
performance requirements) that are
developed or adopted by voluntary
consensus standard bodies. The
corrections to the final rule do not
invoke any voluntary consensus
standards, so the National Technology
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13 77
FR 26413 (May 4, 2012).
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Corrections
PHMSA makes corrections to both the
preamble and regulatory text of the final
rule document. PHMSA is correcting the
preamble discussion of changes to
column (7) of the § 172.101 HMT by
removing discussion of changes to the
entries ‘‘UN1783,
Hexamethylenediamine solution, 8, III,’’
and ‘‘UN1740, Hydrogendifluoride,
solid, n.o.s., 8, III,’’ which misconstrue
the intended vessel storage codes
changes as special provision changes
and correctly adds to the discussion of
column (10B) changes as discussion of
vessel stowage code changes for these
materials. Additionally, PHMSA is
correctly revising the § 172.101 HMT
entries for the hazardous materials
discussed above in Section I.
In FR Doc. 2022–26960, appearing on
page 79752 in the Federal Register of
Tuesday, December 27, 2022, the
following corrections are made:
Corrections to Preamble
1. On page 79755, in the 3rd column,
beginning at the bullet paragraphs
starting with ‘‘For ‘‘UN1740’’’’ and ‘‘For
‘‘UN1783’’’’, the following are correctly
removed:
• For ‘‘UN1740, Hydrogendifluoride,
solid, n.o.s., 8, PG III,’’ PHMSA is
correcting an error where special
provisions 53 and 58 are missing from
column 7.
• For ‘‘UN1783,
Hexamethylenediamine solution, 8, PG
III, PHMSA is correcting an error where
special provision 52 is missing from
column 7.
2. On page 79756, in the 2nd column
at the end of the first paragraph and
before the heading ‘‘Section 172.102,’’
the following is correctly added:
• In column (10B) for ‘‘UN1740,
Hydrogendifluoride, solid, n.o.s., 8, PG
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4759
III,’’ stowage codes ‘‘53’’ and ‘‘58’’ are
missing. PHMSA inadvertently omitted
these stowage codes when making
changes to this entry in HM–219C to
allow packaging exceptions. Stowage
code ‘‘53’’ provision means stow
‘‘separated from’’ alkaline compounds
and stowage code ‘‘58’’ provision means
stow ‘‘separated from’’ cyanides.
PHMSA is amending the HMT to add
the stowage codes back to column (10B).
This amendment will ensure that this
material is properly stowed for safe
vessel transport.
• In column (10B) for ‘‘UN1783,
Hexamethylenediamine solution, 8, PG
III,’’ stowage code ‘‘52’’ is missing.
PHMSA inadvertently omitted this
stowage code when making changes to
this entry in HM–219C to allow
packaging exceptions. Stowage code
‘‘52’’ provision means stow ‘‘separated
from’’ acids. PHMSA is amending the
HMT to add the stowage code back to
column (10B). This amendment will
ensure that this material is properly
stowed for safe transport.
Correction to Regulations
§ 172.101
[Corrected]
3. In the amendments to § 172.101, in
the table, make the following
corrections:
■ a. On page 79769, correctly revise the
entry for ‘‘Hexamethylenediamine
solution’’;
■ b. On page 79769, remove the entry
for ‘‘Hydrobromic acid, with more than
49 percent hydrobromic acid’’ and
correctly add in its place an entry for
‘‘Hydrobromic acid, with not more than
49 percent hydrobromic acid’’;
■ c. On page 79769, correctly revise the
entry for ‘‘Hydrogendifluoride, solid,
n.o.s.’’; and
■ d. On page 79770, correctly revise the
entry for ‘‘1,2 Propelenyamine’’.
The corrections read as follows:
■
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(1)
Symbols
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*
*
1,2-Propylenediamine .....................
*
Hydrogendifluoride, solid, n.o.s. ......
*
Hydrobromic acid, with not more
than 49 percent hydrobromic acid.
*
Hexamethylenediamine solution .....
(2)
Hazardous materials descriptions
and proper shipping names
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(3)
8
8
8
8
Hazard
class or
division
*
*
UN2258
*
UN1740
*
UN1788
*
UN1783
(4)
Identification
numbers
*
*
8, 3 ..
8 .......
III
II
*
8 .......
8 .......
*
8 .......
*
8 .......
8 .......
(6)
Label
codes
II
III
II
II
III
(5)
PG
§ 172.101
*
*
A3, IB2, N34, T7,
TP2.
*
IB8, IP2, IP4, N3,
N34, T3, TP33.
IB8, IP3, N3, N34,
T1, TP33.
*
A3, B2, B15, IB2,
N41, T7, TP2.
A3, IB3, T4, TP1 .....
*
IB2, T7, TP2 ............
IB3, T4, TP1 ............
(7)
Special provisions
(§ 172.102)
(8B)
Non-bulk
203 .............
213 .............
*
*
154 ............. 202 .............
154 .............
*
154 ............. 212 .............
154 .............
*
154 ............. 202 .............
*
154 ............. 202 .............
154 ............. 203 .............
(8A)
Exceptions
Packaging
(§ 173.***)
(8)
HAZARDOUS MATERIALS TABLE
(8C)
Bulk
*
243 .............
240 .............
*
240 .............
241 .............
*
242 .............
*
242 .............
241 .............
*
(9)
*
*
1 L ..............
25 kg ..........
*
15 kg ..........
5 L ..............
*
1 L ..............
*
1 L ..............
5 L ..............
(9A)
Passenger
aircraft/rail
30 L ............
100 kg ........
50 kg ..........
60 L ............
30 L ............
30 L ............
60 L ............
(9B)
Cargo aircraft only
Quantity limitations
(see §§ 173.27 and 175.75)
(10)
(10A)
A
A
A
C
C
A
A
Location
52
52
40, 52
25, 40, 52,
53, 58
25, 40, 52,
53, 58
8, 53, 58
53, 58
(10B)
Other
Vessel stowage
4760
Federal Register / Vol. 88, No. 16 / Wednesday, January 25, 2023 / Rules and Regulations
Sfmt 4700
E:\FR\FM\25JAR1.SGM
25JAR1
Federal Register / Vol. 88, No. 16 / Wednesday, January 25, 2023 / Rules and Regulations
*
*
*
*
*
Issued in Washington, DC, on January 19,
2023, under the authority delegated in 49
CFR 1.97.
Tristan H. Brown,
Deputy Administrator, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2023–01327 Filed 1–24–23; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R8–ES–2020–0074;
FF09E22000 FXES11130900000 201]
RIN 1018–BE73
Executive Summary
Endangered and Threatened Wildlife
and Plants; Removing Five Species
That Occur on San Clemente Island
From the Federal Lists of Endangered
and Threatened Wildlife and Plants
Why we need to publish a rule. Under
the Act, a species may be removed from
the Federal Lists of Endangered and
Threatened Wildlife and Plants (i.e.,
‘‘delisted’’) if it is determined that the
species has recovered and no longer
meets the definition of an endangered
species or a threatened species.
Delisting a species can only be
completed by issuing a rule.
What this document does. This rule
removes the SC Bell’s sparrow
(Artemisiospiza belli clementeae)
(formerly known as the SC sage
sparrow, Amphispiza belli clementeae),
SCI bush-mallow (Malacothamnus
clementinus), SCI paintbrush (Castilleja
grisea), SCI lotus (Acmispon
dendroideus var. traskiae), and SCI
larkspur (Delphinium variegatum ssp.
kinkiense) from the Federal Lists of
Endangered and Threatened Wildlife
and Plants (Lists) based on the species’
recovery.
The basis for our action. Under the
Act, we may determine that a species is
an endangered or threatened species
because of one or more of the five
factors described in section 4(a)(1) of the
Act: (A) The present or threatened
destruction, modification, or
curtailment of its habitat or range; (B)
overutilization for commercial,
recreational, scientific, or educational
purposes; (C) disease or predation; (D)
the inadequacy of existing regulatory
mechanisms; or (E) other natural or
manmade factors affecting its continued
existence. We must consider these same
factors in delisting a species.
We have determined that the five SCI
species are not in danger of extinction
now nor are they likely to become so in
the foreseeable future based on a
comprehensive review of their status
and listing factors. Specifically, our
recent review indicated that the Navy’s
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are removing
the San Clemente (SC) Bell’s sparrow
(Artemisiospiza belli clementeae)
(formerly known as the SC sage
sparrow, Amphispiza belli clementeae),
San Clemente Island (SCI) bush-mallow
(Malacothamnus clementinus), SCI
paintbrush (Castilleja grisea), SCI lotus
(Acmispon dendroideus var. traskiae),
and SCI larkspur (Delphinium
variegatum ssp. kinkiense) from the
Federal Lists of Endangered and
Threatened Wildlife and Plants (Lists).
The bird species and four plant species
occur only on SCI, one of the California
Channel Islands off the southern coast
of California. The delistings are based
on our evaluation of the best available
scientific and commercial information,
which indicates that the status of each
species has improved and threats to the
species have been eliminated or reduced
to the point that the species have
recovered and no longer meet the
definitions of either endangered or
threatened species under the
Endangered Species Act of 1973, as
amended (Act). Accordingly, the
protections provided by the Act will no
longer apply to these species.
DATES: This rule is effective February
24, 2023.
ADDRESSES: This final rule, supporting
documents used in preparing this rule,
the post-delisting monitoring plans, and
the comments received on the proposed
SUMMARY:
lotter on DSK11XQN23PROD with RULES1
rule are available for public inspection
at https://www.regulations.gov under
Docket No. FWS–R8–ES–2020–0074.
FOR FURTHER INFORMATION CONTACT:
Scott Sobiech, Field Supervisor,
Carlsbad Fish and Wildlife Office, 2177
Salk Avenue, Suite 250, Carlsbad, CA
92008; telephone 760–431–9440.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
16:12 Jan 24, 2023
Jkt 259001
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
4761
successful removal of nonnative
herbivores (goats, sheep, pigs, cattle,
mule deer) led to recovery of vegetation
in areas of severely degraded habitat on
SCI and to the recovery of these five
species to the point that they no longer
require protections under the Act.
Accordingly, the species no longer meet
the definition of endangered or
threatened species under the Act.
We developed species status
assessment (SSA) reports for the five
species, in cooperation with an SSA
team and the Navy. The SSA reports
represent a compilation of the best
scientific and commercial data available
concerning the status of these species,
including the impacts of past, present,
and future factors (both negative and
beneficial) affecting the species.
Peer review and public comment. In
each of the five respective SSAs, we
evaluated the species’ needs, current
conditions, and future conditions to
inform our May 5, 2021, proposed rule
(86 FR 23882). We sought peer review
from independent specialists and
evaluated their comments to ensure that
our determination is based on
scientifically sound data, assumptions,
and analyses. We considered all
comments and information we received
during the public comment period on
the proposed delisting rule and the draft
PDM plan when developing this final
rule.
Previous Federal Actions
On May 5, 2021, we proposed to
delist these five SCI species from the
Federal Lists of Endangered and
Threatened Wildlife and Plants (86 FR
23882). Please refer to that proposed
rule for a detailed description of
previous Federal actions concerning
these species. The proposed rule and
supplemental documents are provided
at https://www.regulations.gov under
Docket No. FWS–R8–ES–2020–0074.
Summary of Changes From the
Proposed Rule
On December 9, 2021, following the
closing of the public comment period on
the proposed rule and while this final
rule was being drafted, we received
from the U.S. Navy (hereafter, ‘‘Navy’’)
a draft description of the proposed
action and alternatives for the San
Clemente Island Training and Testing
Environmental Analysis, which
identified proposed changes in training
activities and proposed designation of
new training areas in habitat occupied
by the five SCI species. In response to
this new information, we coordinated
with the Navy to identify appropriate
avoidance and minimization measures,
and the Navy reaffirmed commitment to
E:\FR\FM\25JAR1.SGM
25JAR1
]]>Agencies
[Federal Register Volume 88, Number 16 (Wednesday, January 25, 2023)]
[Rules and Regulations]
[Pages 4756-4761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01327]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 110, 171, 172, 173, 174, 175, 176, 177, 178, and
180
[Docket No. PHMSA-2021-0091 (HM-260B)]
RIN 2137-AF56
Hazardous Materials: Editorial Corrections and Clarifications;
Correction
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Pipeline and Hazardous Materials Safety Administration is
correcting the final rule that appeared in the Federal Register on
December 27, 2022. The final rule made editorial revisions and
clarifications to the hazardous materials regulations including the
hazardous materials table. The corrections address several errors to
the hazardous material entries in the hazardous materials table.
DATES: This correction is effective January 26, 2023.
FOR FURTHER INFORMATION CONTACT: Yul B. Baker Jr., Standards and
Rulemaking Division, at 202-366-8553, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Avenue SE, East Building, 2nd Floor, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background and Need for Correction
The Pipeline and Hazardous Materials Safety Administration (PHMSA)
published final rule HM-260B \1\ to correct editorial errors and
improve the clarity of certain provisions in PHMSA's program and
procedural regulations and in the Hazardous Materials Regulations (HMR;
49 Code of Federal Regulations parts 171-180). The intended effect of
the rulemaking was to enhance accuracy and reduce misunderstandings of
the HMR. The changes in the final rule included numerous amendments to
the Sec. 172.101 Hazardous Materials Table (HMT). Unfortunately, the
amendments to the table entries for various hazardous materials
introduced new unintended errors that PHMSA is correcting in this
notice. The unintended errors are summarized below.
---------------------------------------------------------------------------
\1\ 87 FR 79752 (Dec. 27, 2022).
---------------------------------------------------------------------------
UN2258, 1,2-Propylenediamine: In HM-260B, PHMSA removed special
provision A6 from column (7) of the Sec. 172.101 HMT for several
hazardous materials including ``UN2258, 1,2-Propylenediamine.'' Special
provision A6 was removed because it had been inadvertently added back
to the Sec. 172.101 HMT when making unrelated changes to entries in
final rule HM-219C.\2\ UN2258, 1,2-Propylenediamine is a Class 8
corrosive liquid material that also has a secondary Class 3 flammable
hazard. Thus, in column (6) of the table, the codes ``8'' and ``3'' are
specified for the hazard labels required for a package containing this
material. However, in HM-260B, we inadvertently omitted reference to
the ``3'' from column (6). The absence of the ``3'' will create
uncertainty for shippers and carriers of ``UN2258, 1,2-
Propylenediamine'' as to whether a Class 3 label is required on a
package containing this material. To meet the original intent of HM-
260B to enhance accuracy and reduce misunderstandings of the HMR, PHMSA
is correcting this error in this notice. See Section III. Corrections.
---------------------------------------------------------------------------
\2\ 85 FR 75680 (Nov. 25, 2020).
---------------------------------------------------------------------------
Vessel stowage codes: In HM-260B, PHMSA also made several revisions
to correct inadvertent omissions of vessel stowage codes from column
(10B) to the Sec. 172.101 HMT for the entries ``UN1783,
Hexamethylenediamine solution, 8, III,'' ``UN1788, Hydrobromic acid,
with not more than 49 percent hydrobromic acid,'' and ``UN1740,
Hydrogendifluoride, solid, n.o.s., 8, III.'' Column (10B) assigns
specific codes for the stowage and handling requirements for specific
hazardous materials transported by vessel. In HM-219C, PHMSA had
inadvertently omitted stowage code ``52'' for the Packing Group (PG)
III entry for ``Hexamethylenediamine solution'' and stowage codes
``53'' and ``58'' for the PG III entry for ``Hydrogendifluoride, solid,
n.o.s,'' when making unrelated changes to these entries to specify
reference citations for authorized packaging exceptions.
Stowage code ``52'' means stow ``separated from'' acids. Stowage
codes ``53'' and ``58'' mean stow ``separated from'' alkaline compounds
and stow ``separated from'' cyanides, respectively. These stowage codes
are important to ensure proper segregation between acids and both
amines and cyanides. Amines react dangerously with acids and evolving
heat, and the heat of reaction has the potential to generate corrosive
vapors. Cyanides react with acids to generate toxic vapors. PHMSA
attempted to add the respective stowage codes back to column (10B)
under HM-260B but instead added the stowage codes to column (7), which
assigns special provisions applicable to certain Sec. 172.101 HMT
entries. More specifically, stowage code ``52'' was added to both
column (7) and column (10B) for ``Hexamethylenediamine solution, II''
and stowage codes ``53'' and ``58'' were added to column (7) and not
column (10B) for ``Hydrogendifluoride, solid, n.o.s., III.''
Readers may misinterpret unrelated special provisions as being
applicable and that the stowage codes that were inadvertently omitted
would not apply. For example, special provision ``53'' requires
packages to display a subsidiary risk label ``EXPLOSIVE'' along with
the subsidiary hazard indicated in the shipping description. If ``53''
were to remain in column (7) for the PG III entry of
``Hexamethylenediamine solution''--which is a corrosive material that
does not have an explosive hazard--persons would be mischaracterizing
the hazard for the material.
Additionally, in final rule HM-215O,\3\ PHMSA inadvertently omitted
stowage codes ``53'' and ``58'' for the entry ``UN1788, Hydrobromic
acid, with not more than 49 percent hydrobromic acid.'' PHMSA had made
numerous changes to the stowage codes assigned to hazardous materials
in the Sec. 172.101 HMT for consistency with the International
Maritime Dangerous Goods (IMDG) Code for regulation of hazardous
material transported by vessel including for the companion entry
``UN1788, Hydrobromic acid, with more than 49 percent hydrobromic
acid.'' The IMDG Code Dangerous Goods List has just one table entry for
``UN1788, Hydrobromic acid,'' but
[[Page 4757]]
PHMSA splits it into two hazardous materials descriptions because of
varying safety measures dependent on the mode of transport. For
instance, ``UN1788, Hydrobromic acid, with more than 49 percent
hydrobromic acid,'' is forbidden for transport by air. PHMSA attempted
to add the respective stowage codes to column (10B) of the Sec.
172.101 HMT to the ``not more than'' entry of UN1788 but inadvertently
omitted the ``not'' from the hazardous materials description
effectively making the changes apply to the ``more than'' entry of
UN1788. PHMSA also inadvertently omitted stowage code ``8'' in the
process. If these errors remain uncorrected, readers may misinterpret
the provisions that apply to the ``more than'' entry as now applying to
the ``not more than'' entry and that the missing stowage codes would
not apply when transporting this material. To meet the intent of HM-
260B to enhance accuracy and reduce misunderstandings of the HMR, PHMSA
is correcting these errors in this notice. See Section III.
Corrections.
---------------------------------------------------------------------------
\3\ 85 FR 27810 (May 11, 2020).
---------------------------------------------------------------------------
II. Regulatory Analyses and Notices
A. Statutory/Legal Authority
Statutory authority for this correction notice is provided by the
Federal Hazardous Materials Transportation Law (49 U.S.C. 5101 et
seq.). The Secretary delegated the authority granted in this law to the
PHMSA Administrator at 49 CFR 1.97(b).
PHMSA finds it has good cause to make the corrections without
notice and comment pursuant to Section 553(b) of the Administrative
Procedure Act (APA, 5 U.S.C. 551, et seq.). Section 553(b)(B) of the
APA provides that, when an agency for good cause finds that notice and
public procedure are impracticable, unnecessary, or contrary to the
public interest, the agency may issue a rule without providing notice
and an opportunity for public comment. As explained above, the changes
to the text of the final rule document provided in this notice consist
of corrections to preamble discussion of Sec. 172.101 HMT and
corrections to the regulatory text in the amendatory instruction for
changes to Sec. 172.101 HMT. The publication of this correction notice
is needed to ensure the accuracy and reduce misunderstanding of
unintended changes or omissions to Sec. 172.101 HMT.
The January 26, 2023, effective date of the revisions contained in
this notice is authorized under both Section 553(d)(1) and (3) of the
APA. Section 553(d)(1) provides that a rule should take effect ``not
less than 30 days'' after publication in the Federal Register except
for ``a substantive rule which grants or recognizes an exemption or
relieves a restriction,'' while Section 553(d)(3) allows for earlier
effectiveness for good cause found by the agency and published within
the rule. 5 U.S.C. 553(d)(1), (3). ``The purpose of the thirty-day
waiting period is to give affected parties a reasonable time to adjust
their behavior before the final rule takes effect.'' Omnipoint Corp. v.
F.C.C., 78 F.3d 620, 630 (D.C. Cir. 1996). Since this final rule has
not yet taken effect, the impact on affected parties is minimal and
such parties will not be adversely impacted by the shortened period
before the correction becomes effective. The corrections in this notice
accurately represent the intended changes to the Sec. 172.101 HMT in
the final rule and, in accordance with 5 U.S.C. 553(d)(1), are
effective January 26, 2023. Moreover, PHMSA finds that good cause under
Section 553(d)(3) supports making the revisions effective January 26,
2023, because the corrections contained in this notice are entirely
consistent with the final rule--which itself was published on December
27, 2022--and helps promote accuracy and understanding of the Sec.
172.101 HMT requirements prior to the January 26, 2023, effective date.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This notice has been evaluated in accordance with existing policies
and procedures and is considered not significant under Executive Order
12866 (``Regulatory Planning and Review'') and DOT Order 2100.6A
(``Rulemaking and Guidance Procedures''); therefore, this notice has
not been reviewed by the Office of Management and Budget (OMB) under
Executive Order 12866. PHMSA finds that the corrections in the notice
(in all respects consistent with the final rule) neither impose
incremental compliance costs nor adversely affect safety.
C. Regulatory Flexibility Act and Executive Order 13272
The Regulatory Flexibility Act (5 U.S.C. 601, et seq.) requires
agencies to review regulations to assess their impact on small entities
unless the agency head certifies that a rulemaking will not have a
significant economic impact on a substantial number of small entities
including small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations under 50,000. The
Regulatory Flexibility Act directs agencies to establish exceptions and
differing compliance standards for small businesses when possible to do
so and still meet the objectives of applicable regulatory statutes.
Executive Order 13272 (``Proper Consideration of Small Entities in
Agency Rulemaking'') \4\ requires agencies to establish procedures and
policies to promote compliance with the Regulatory Flexibility Act and
to ``thoroughly review draft rules to assess and take appropriate
account of the potential impact'' of the rules on small businesses,
governmental jurisdictions, and small organizations. DOT posts its
implementing guidance on a dedicated web page.\5\
---------------------------------------------------------------------------
\4\ 67 FR 53461 (Aug. 16, 2002).
\5\ DOT, ``Rulemaking Requirements Related to Small Entities,''
https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities (last accessed June 17, 2021).
---------------------------------------------------------------------------
The final rule was developed in accordance with Executive Order
13272 and with DOT's procedures and policies to promote compliance with
the Regulatory Flexibility Act and ensure that potential impacts of
draft rules on small entities are properly considered. There are no
costs to small entities associated with the final rule. The final rule
made non-substantive changes that do not impose new requirements, so
there are no direct or indirect adverse economic impacts for small
units of government, businesses, or other organizations. This notice
similarly does not impose new requirements but makes corrections to
errors in the final rule document in the amendments to the Sec.
172.101 HMT that if left uncorrected would be inaccurate and cause
misunderstanding by stakeholders as to what requirements apply.
Consequently, PHMSA certifies that neither the final rule nor this
notice has a significant economic impact on a substantial number of
small entities.
D. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et
seq.), no person is required to respond to any information collection
unless it has been approved by OMB and displays a valid OMB control
number. Section 1320.8(d) of 5 CFR requires that PHMSA provide
interested members of the public and affected agencies an opportunity
to comment on information and recordkeeping requests. The corrections
in this notice impose no new or revised information collection.
E. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (UMRA; 2 U.S.C. 1501, et
seq.) requires agencies to assess the effects of
[[Page 4758]]
federal regulatory actions on state, local, and tribal governments, and
the private sector. For any final rule that includes a federal mandate
that may result in the expenditure by state, local, and tribal
governments, or by the private sector of $100 million or more in 1996
dollars in any given year, the agency must prepare, amongst other
things, a written statement that qualitatively and quantitatively
assesses the costs and benefits of the federal mandate. The final rule
did not impose unfunded mandates under the UMRA and this notice to
correct errors in the final rule document also does not impose unfunded
mandates. It does not result in costs of $100 million or more in 1996
dollars to either state, local, or tribal governments, or to the
private sector in any one year and is the least burdensome alternative
that achieves the objective of the rule.
F. National Environmental Policy Act
The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321 et seq.), and implementing regulations by the Council
on Environmental Quality (40 CFR part 1500) requires federal agencies
to consider the consequences of federal actions and prepare a detailed
statement on actions that significantly affect the quality of the human
environment. DOT Order 5610.1C, ``Procedures for Considering
Environmental Impacts,'' establishes departmental procedures for
evaluating environmental impacts under NEPA and its implementing
regulations. The purpose of the final rule was to introduce non-
substantive changes that do not impose new requirements in order to
improve accuracy and understanding of the HMR. The corrections to the
final rule in this notice similarly do not impose new requirements.
Therefore, PHMSA has determined that implementing this final rule will
not significantly impact the quality of the human environment.
G. Executive Order 13132
The final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism'') \6\ and
its implementing Presidential Memorandum (``Preemption'').\7\ Executive
Order 13132 requires agencies to assure meaningful and timely input by
state and local officials in the development of regulatory policies
that may have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' The corrections in this notice are consistent with, and
facilitate compliance with, the final rule, and do not have any
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 beyond what was
accounted for in the final rule. It does not contain any provision that
imposes any substantial direct compliance costs on state and local
governments, nor any new provision that preempts state law. Therefore,
the consultation and funding requirements of Executive Order 13132 do
not apply.
---------------------------------------------------------------------------
\6\ 64 FR 43255 (Aug. 10, 1999).
\7\ 74 FR 24693 (May 22, 2009).
---------------------------------------------------------------------------
H. Environmental Justice
Executive Orders 12898 (``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations''),\8\ 13985
(``Advancing Racial Equity and Support for Underserved Communities
Through the Federal Government''),\9\ 13990 (``Protecting Public Health
and the Environment and Restoring Science To Tackle the Climate
Crisis''),\10\ 14008 (``Tackling the Climate Crisis at Home and
Abroad'') \11\ and DOT Order 5610.2C (``Department of Transportation
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'') require DOT agencies to achieve environmental
justice as part of their mission by identifying and addressing, as
appropriate, disproportionately high and adverse human health or
environmental effects, including interrelated social and economic
effects of their programs, policies, and activities on minority
populations, low-income populations, and other underserved and
disadvantaged communities.
---------------------------------------------------------------------------
\8\ 59 FR 7629 (Feb. 11, 1994).
\9\ 86 FR 7009 (Jan. 20, 2021).
\10\ 86 FR 7037 (Jan. 20, 2021).
\11\ 86 FR 7619 (Feb. 1, 2021).
---------------------------------------------------------------------------
PHMSA evaluated the final rule under the above Executive Orders and
DOT Order 5610.2C and did not expect the final rule to cause
disproportionately high and adverse human health and environmental
effects on minority, low-income, underserved, and other disadvantaged
populations and communities. The final rule was facially neutral and
national in scope; it was neither directed toward a particular
population, region, or community, nor was it expected to adversely
impact any particular population, region, or community. Since PHMSA did
not expect the final rule to adversely affect the safe transportation
of hazardous materials generally, PHMSA does not expect the corrections
to the final rule in this notice to involve disproportionately high
adverse risks for minority populations, low-income populations, or
other underserved and other disadvantaged communities.
I. Executive Order 13175
The final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments'') \12\ and DOT Order
5301.1 (``Department of Transportation Policies, Programs, and
Procedures Affecting American Indians, Alaska Natives, and Tribes'').
Because none of the corrections have Tribal implications or impose
substantial direct compliance costs on Indian Tribal governments, the
funding and consultation requirements of Executive Order 13175 do not
apply.
---------------------------------------------------------------------------
\12\ 65 FR 67249 (Nov. 6, 2000).
---------------------------------------------------------------------------
Executive Order 13175 and DOT Order 5301.1 require DOT Operating
Administrations to assure meaningful and timely input from Indian
Tribal government representatives in the development of rules that
significantly or uniquely affect tribal communities by imposing
``substantial direct compliance costs'' or ``substantial direct
effects'' on such communities or the relationship and distribution of
power between the Federal Government and Native American Tribes. PHMSA
assessed the impact of this final rule and determined that it did not
significantly or uniquely affect tribal communities or Native American
Tribal governments. The changes to the HMR as written in the final rule
are facially neutral and have broad, national scope. PHMSA therefore,
expected the final rule not to affect tribal communities significantly
or uniquely, much less impose substantial compliance costs on Native
American Tribal governments or mandate tribal action. Because PHMSA
expects the final rule will not adversely affect the safe
transportation of hazardous materials generally, PHMSA does not expect
it will entail disproportionately high adverse risks for tribal
communities. For these reasons, PHMSA concluded the funding and
consultation requirements of Executive Order 13175 and DOT Order 5301.1
do not apply. Similarly, PHMSA does not expect the corrections to the
final rule in this notice to affect tribal communities significantly or
uniquely, much less impose substantial
[[Page 4759]]
compliance costs on Native American Tribal governments or mandate
tribal action.
J. Executive Order 13609 and International Trade Analysis
Under Executive Order 13609 (``Promoting International Regulatory
Cooperation''),\13\ agencies must consider whether the impacts
associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
ability of American business to export and compete internationally. In
meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements. The
corrections to the final rule in this notice do not impact
international trade.
---------------------------------------------------------------------------
\13\ 77 FR 26413 (May 4, 2012).
---------------------------------------------------------------------------
K. National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) directs federal agencies to use voluntary consensus
standards in their regulatory activities unless doing so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., specification of
materials, test methods, or performance requirements) that are
developed or adopted by voluntary consensus standard bodies. The
corrections to the final rule do not invoke any voluntary consensus
standards, so the National Technology Transfer and Advancement Act of
1995 is not applicable in this case.
Corrections
PHMSA makes corrections to both the preamble and regulatory text of
the final rule document. PHMSA is correcting the preamble discussion of
changes to column (7) of the Sec. 172.101 HMT by removing discussion
of changes to the entries ``UN1783, Hexamethylenediamine solution, 8,
III,'' and ``UN1740, Hydrogendifluoride, solid, n.o.s., 8, III,'' which
misconstrue the intended vessel storage codes changes as special
provision changes and correctly adds to the discussion of column (10B)
changes as discussion of vessel stowage code changes for these
materials. Additionally, PHMSA is correctly revising the Sec. 172.101
HMT entries for the hazardous materials discussed above in Section I.
In FR Doc. 2022-26960, appearing on page 79752 in the Federal
Register of Tuesday, December 27, 2022, the following corrections are
made:
Corrections to Preamble
1. On page 79755, in the 3rd column, beginning at the bullet
paragraphs starting with ``For ``UN1740'''' and ``For ``UN1783'''', the
following are correctly removed:
For ``UN1740, Hydrogendifluoride, solid, n.o.s., 8, PG
III,'' PHMSA is correcting an error where special provisions 53 and 58
are missing from column 7.
For ``UN1783, Hexamethylenediamine solution, 8, PG III,
PHMSA is correcting an error where special provision 52 is missing from
column 7.
2. On page 79756, in the 2nd column at the end of the first
paragraph and before the heading ``Section 172.102,'' the following is
correctly added:
In column (10B) for ``UN1740, Hydrogendifluoride, solid,
n.o.s., 8, PG III,'' stowage codes ``53'' and ``58'' are missing. PHMSA
inadvertently omitted these stowage codes when making changes to this
entry in HM-219C to allow packaging exceptions. Stowage code ``53''
provision means stow ``separated from'' alkaline compounds and stowage
code ``58'' provision means stow ``separated from'' cyanides. PHMSA is
amending the HMT to add the stowage codes back to column (10B). This
amendment will ensure that this material is properly stowed for safe
vessel transport.
In column (10B) for ``UN1783, Hexamethylenediamine
solution, 8, PG III,'' stowage code ``52'' is missing. PHMSA
inadvertently omitted this stowage code when making changes to this
entry in HM-219C to allow packaging exceptions. Stowage code ``52''
provision means stow ``separated from'' acids. PHMSA is amending the
HMT to add the stowage code back to column (10B). This amendment will
ensure that this material is properly stowed for safe transport.
Correction to Regulations
Sec. 172.101 [Corrected]
0
3. In the amendments to Sec. 172.101, in the table, make the following
corrections:
0
a. On page 79769, correctly revise the entry for ``Hexamethylenediamine
solution'';
0
b. On page 79769, remove the entry for ``Hydrobromic acid, with more
than 49 percent hydrobromic acid'' and correctly add in its place an
entry for ``Hydrobromic acid, with not more than 49 percent hydrobromic
acid'';
0
c. On page 79769, correctly revise the entry for ``Hydrogendifluoride,
solid, n.o.s.''; and
0
d. On page 79770, correctly revise the entry for ``1,2
Propelenyamine''.
The corrections read as follows:
[[Page 4760]]
Sec. 172.101 Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(8) (9) (10)
-----------------------------------------------------------------------------------------------------------------
Hazardous materials Hazard Packaging (Sec. 173.***) Quantity limitations (see Sec. Sec. 173.27 and Vessel stowage
Symbols descriptions and class or Identification PG Label Special provisions ------------------------------------ 175.75) -----------------------
proper shipping division numbers codes (Sec. 172.102) ------------------------------------------------------
names Exceptions Non-bulk Passenger Cargo aircraft Location Other
Bulk aircraft/rail only
(1) (2)................ (3) (4) (5) (6)....... (7)............... (8A)............ (8B)............ (8C)............ (9A)............ (9B)............ (10A) (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Hexamethylenediamin 8 UN1783 II 8......... IB2, T7, TP2...... 154............. 202............. 242............. 1 L............. 30 L............ A 52
e solution.
III 8......... IB3, T4, TP1...... 154............. 203............. 241............. 5 L............. 60 L............ A 52
* * * * * * *
Hydrobromic acid, 8 UN1788 II 8......... A3, B2, B15, IB2, 154............. 202............. 242............. 1 L............. 30 L............ C 53, 58
with not more than N41, T7, TP2.
49 percent
hydrobromic acid.
III 8......... A3, IB3, T4, TP1.. 154............. 203............. 241............. 5 L............. 60 L............ C 8, 53, 58
* * * * * * *
Hydrogendifluoride, 8 UN1740 II 8......... IB8, IP2, IP4, N3, 154............. 212............. 240............. 15 kg........... 50 kg........... A 25, 40, 52,
solid, n.o.s.. N34, T3, TP33. 53, 58
III 8......... IB8, IP3, N3, N34, 154............. 213............. 240............. 25 kg........... 100 kg.......... A 25, 40, 52,
T1, TP33. 53, 58
* * * * * * *
1,2- 8 UN2258 II 8, 3...... A3, IB2, N34, T7, 154............. 202............. 243............. 1 L............. 30 L............ A 40, 52
Propylenediamine. TP2.
* * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 4761]]
* * * * *
Issued in Washington, DC, on January 19, 2023, under the
authority delegated in 49 CFR 1.97.
Tristan H. Brown,
Deputy Administrator, Pipeline and Hazardous Materials Safety
Administration.
[FR Doc. 2023-01327 Filed 1-24-23; 8:45 am]
BILLING CODE 4910-60-P
