Hazardous Materials: Harmonization With International Standards; Correction, 39570-39575 [2024-10098]

Download as PDF 39570 Federal Register / Vol. 89, No. 91 / Thursday, May 9, 2024 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES1 appreciates these inquiries as they reflect the strong interest within the shipping industry in ensuring compliance with applicable regulations. These inquiries have helped this clarification issue well before the rule goes into effect on May 28, 2024. In the preamble, the Commission responded to a comment requesting that we amend the definition of ‘‘billed party’’ to address situations in which vessel-operating common carriers (VOCCs) enter into written contracts with motor carriers that use containers in the transportation of goods. The Commission responded by declining to adopt this proposed change, and we now reiterate that conclusion— demurrage and detention should be billed to either the person for whose account the billing party provided ocean transportation or storage of cargo and who contracted with the billing party for the ocean transportation or storage of cargo, or the consignee. The Commission’s explanation in the preamble was intended to further explain that the rule only addresses carrier-trucker relationships on through bills of lading. The Commission meant this to be understood in the context of its statement that ‘‘the FMC’s jurisdiction, and thus this rule, would apply only to cargo moved inland under a through bill of lading and contracts between a VOCC [and] a motor carrier not based on a through bill of lading would likely be outside the scope of this rule.’’ We further did not intend the paragraph to suggest that there is an exception to the rule’s clear direction regarding who may be a ‘‘billed party’’. However, we now see that the inadvertent inclusion of certain language renders this comment response ambiguous, and we take this opportunity to clarify our intention by correcting the language in the preamble. Accordingly, in FR Doc. 2024–02926, on page 14336, in the third column, the or final version, prohibits a VOCC from issuing a demurrage or detention invoice to a motor carrier when a contractual relationship exists between the VOCC and the motor carrier for the motor carrier to provide carriage or storage of goods to the VOCC. The definition of ‘‘billed party’’ is intentionally broad to capture any party to whom a detention or demurrage invoice is issued. When a VOCC issues a detention or demurrage invoice to a motor carrier, the VOCC must comply with the requirements of part 541. The Commission has jurisdiction over common carriers, marine terminal operators (MTOs), and ocean transportation intermediaries (OTIs), including over through transportation. Without knowing the particulars of the hypothetical, in this situation, presumably the FMC’s jurisdiction, and thus this rule, would apply only to cargo moved inland under a through bill of lading and contracts between a VOCC. A motor carrier not based on a through bill of lading would likely be outside the scope of this rule.’’ VerDate Sep<11>2014 15:06 May 08, 2024 Jkt 262001 paragraph beginning with ‘‘In regard to . . .’’ is corrected to read as follows: ‘‘In regard to the second comment, the rule makes clear that demurrage and detention invoices can only be issued to either the person for whose account the billing party provided ocean transportation or storage of cargo and who contracted with the billing party for the ocean transportation or storage of cargo, or the consignee. As discussed in the NPRM, a primary purpose of this rule is to stop demurrage and detention invoices from being sent to parties who did not negotiate contract terms for ocean transportation or storage of cargo with the billing party. When a VOCC issues a detention or demurrage invoice, the VOCC must comply with the requirements of part 541. However, in our response to this specific comment, we presume that the FMC’s jurisdiction would apply only to cargo moved inland under a through bill of lading, and that contracts between a VOCC and a motor carrier not based on a through bill of lading would likely be outside the scope of this rule.’’ By the Commission. Dated: May 3, 2024. David Eng, Secretary. [FR Doc. 2024–10136 Filed 5–8–24; 8:45 am] BILLING CODE 6730–02–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, 175, 176, 178, and 180 [Docket No. PHMSA–2021–0092 (HM–215Q)] RIN 2137–AF57 Hazardous Materials: Harmonization With International Standards; 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 a final rule that was published in the Federal Register on April 10, 2024. The final rule was published to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. The corrections address several errors to the hazardous material entries in the hazardous materials table. SUMMARY: PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 This correction is effective May 10, 2024. FOR FURTHER INFORMATION CONTACT: Steven Andrews, Standards and Rulemaking, or Candace Casey, Standards and Rulemaking, 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: DATES: I. Background and Need for Technical Corrections On April 10, 2024, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule in the Federal Register entitled ‘‘Hazardous Materials: Harmonization with International Standards.’’ 1 In the final rule, the amendatory instruction 19c for the revision of Table 4 to paragraph (g) in § 173.225 should have read: ‘‘In newly designated Table 4 to paragraph (g), under UN No. 3109, and above ‘‘tertButyl hydroperoxide, not more than 72% with water’’ add an entry for ‘‘tertButyl hydroperoxide, not more than 56% with diluent type B2’’ and revise the Notes after newly designated table 4 to paragraph (g) to read as follows.’’ The publication of this correction is needed to ensure that the final rule’s amendment of Table 4 to paragraph (g) of § 173.225—which the amendment is effective May 10, 2024—will read as intended. Additionally, changes in the final rule included numerous amendments to the § 172.101 Hazardous Materials Table (HMT). Unfortunately, the amendments to a few of the table entries introduced new unintended errors that PHMSA is correcting in this notice. The unintended errors are summarized below. • UN3548, Articles containing miscellaneous dangerous goods, n.o.s.: In HM–215Q, PHMSA revised the entry ‘‘UN3548, Articles containing miscellaneous dangerous goods, n.o.s.’’ to add Special Provision A224 to Column 7. Special Provision A224 allows for the transport of large articles containing a non-flammable, non-toxic gas or environmentally hazardous substances on both passenger aircraft and cargo aircraft only under certain conditions. As a part of this HM–215Q revision, PHMSA inadvertently removed label code ‘‘9’’ from Column 6. Label Code ‘‘9’’ in Column 6 is necessary to ensure Class 9 labels are placed on packages shipped under 1 89 FR 25434 (Apr. 10, 2024). E:\FR\FM\09MYR1.SGM 09MYR1 ddrumheller on DSK120RN23PROD with RULES1 Federal Register / Vol. 89, No. 91 / Thursday, May 9, 2024 / Rules and Regulations ‘‘UN3548, Articles containing miscellaneous dangerous goods, n.o.s.’’ To meet the original intent of HM–215Q to harmonize with international standards, PHMSA is correcting this error in this notice. See ‘‘Section III. Corrections.’’ • UN3538, Articles containing nonflammable, non-toxic gas, n.o.s.: In HM– 215Q, PHMSA revised the entry ‘‘UN3538, Articles containing nonflammable, non-toxic gas, n.o.s.,’’ to add Special Provision A225 to Column 7. Special Provision A225 allows for the transport of large articles containing a non-flammable, non-toxic gas or environmentally hazardous substances on both passenger aircraft and cargo aircraft only under certain conditions. As a part of this revision, PHMSA inadvertently removed the ‘‘G’’ from Column 1 of the ‘‘UN3538, Articles containing non-flammable, non-toxic gas, n.o.s.’’ entry. The ‘‘G’’ in Column 1 identifies proper shipping names for which one or more technical names of the hazardous material must be entered in parentheses, in association with the basic description. To meet the original intent of HM–215Q to harmonize with international standards, PHMSA is correcting this error in this notice. See ‘‘Section III. Corrections.’’ • UN2922, Corrosive liquids, toxic, n.o.s.: In HM–215Q, PHMSA made a revision to the entry ‘‘UN2922, Corrosive liquid, toxic, n.o.s.’’ to add Special Provision A4 to Column 7. Special Provision A4 addresses liquids and solids in PG I that also pose an inhalation toxicity hazard by limiting or prohibiting their transportation on aircraft. As written, the regulatory instructions in HM–215Q might inadvertently remove the PG II and III entries for ‘‘UN2922, Corrosive liquid, toxic, n.o.s.’’ Therefore, the regulatory instruction needs to be revised to ensure that PG II and III for ‘‘UN2922, Corrosive liquid, toxic, n.o.s.’’ are not deleted from the HMT. To meet the original intent of HM–215Q to harmonize with international standards, PHMSA is correcting this error in this notice. See ‘‘Section III. Corrections.’’ • UN2923, Corrosive solids, toxic, n.o.s.: In HM–215Q, PHMSA made a revision to the entry ‘‘UN2923, Corrosive solids, toxic, n.o.s.’’ to add Special Provision A5 to Column 7. Special Provision A5 addresses liquids and solids in PG I that also pose an inhalation toxicity hazard by limiting or prohibiting their transportation on aircraft. As written, the regulatory instruction for the HMT might inadvertently remove the PG II and III entries for ‘‘UN2923, Corrosive solids, toxic, n.o.s.’’ Therefore, the regulatory VerDate Sep<11>2014 15:06 May 08, 2024 Jkt 262001 instructions need to be revised to ensure that PG II and III for ‘‘UN2923, Corrosive solids, toxic, n.o.s.’’ are not deleted from the HMT. To meet the original intent of HM–215Q to harmonize with international standards, PHMSA is correcting this error in this notice. See ‘‘Section III. Corrections.’’ • UN0512, Detonators, electronic programmable for blasting: In HM– 215Q, PHMSA made a revision to the entry ‘‘UN0512, Detonators, electronic programmable for blasting.’’ In the 2022 HM–215P final rule, PHMSA added three new entries for electronic detonators to distinguish them from electric detonators, which have different functioning characteristics but similar regulatory provisions for their transport and incorrectly assigned an obsolete special provision, Special Provision 103. In HM–215Q, PHMSA removed the reference to Special Provision 103 in Column 7 for UN0512 and replaced it with Special Provision 148 consistent with the entry of UN0255. However, in making this revision in HM–215Q, PHMSA inadvertently made the word ‘‘electronic’’ in ‘‘UN0512, Detonators, electronic programmable for blasting’’ in italics. Proper shipping names listed in the HMT are limited to those shown in Roman type (not italics). To meet the original intent of HM–215Q to harmonize with international standards, PHMSA is correcting this error in this notice. See ‘‘Section III. Corrections.’’ • UN3148, Water-reactive liquid, n.o.s.: In HM–215Q, PHMSA made corrections to multiple HMT entries that were inadvertently modified in previous rulemakings. Specifically, for the PG II and III entries for ‘‘UN3129, Waterreactive liquid, corrosive, n.o.s.’’ and ‘‘UN3148, Water-reactive liquid, n.o.s.,’’ the references to the exceptions in § 173.151 in Column 8A were removed and replaced with the word ‘‘None.’’ In doing so however, PHMSA inadvertently made revisions to the PG II entry for ‘‘UN3148, Water-reactive liquid, n.o.s.,’’ that were not intended. This includes inadvertent revisions to columns 7, 8B, 8C, 9A, and 9B for the PG II entry for ‘‘UN3148, Water-reactive liquid, n.o.s.’’ To meet the original intent of HM–215Q to harmonize with international standards, PHMSA is correcting this error in this notice. See ‘‘Section III. Corrections.’’ II. Regulatory Analyses and Notices A. Statutory/Legal Authority Statutory authority for this notice’s corrections to the final rule, as with the final rule itself, is provided by the Federal hazardous materials transportation law (49 U.S.C. 5101 et PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 39571 seq.). The Secretary delegated the authority granted in the Federal hazardous materials transportation law to the PHMSA Administrator at 49 CFR 1.97(b). PHMSA finds it has good cause to make the technical corrections herein 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 corrections here consists of technical correction to amend the amendatory instruction 19c. to § 173.225 which (as published in the Federal Register) inadvertently would not make a necessary revision to an entry in Table 4 to paragraph (g), as well as cure inadvertent omissions of current HMT fields. The publication of these corrections are needed to ensure that § 173.225 and the HMT continue to read as intended; these technical corrections make no substantive changes to the final rule but merely facilitate its implementation. Because the final rule is the product of an extensive administrative record with numerous opportunities—including through written comments—for public comment, PHMSA finds that additional comment on the technical corrections herein is unnecessary. The May 10, 2024, effective date of the corrections 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 corrections become effective. The correction of amendatory instruction 19c. ensures that the intended regulatory language at Table 4 to paragraph (g) in § 173.225 will be codified in regulation, and other E:\FR\FM\09MYR1.SGM 09MYR1 39572 Federal Register / Vol. 89, No. 91 / Thursday, May 9, 2024 / Rules and Regulations corrections restore HMT fields that could be inadvertently deleted by the final rule; in accordance with 5 U.S.C. 553(d)(1), those corrections will be effective May 10, 2024. Moreover, PHMSA finds that good cause under Section 553(d)(3) supports making the revisions effective May 10, 2024, because the corrections contained in this notice are entirely consistent with the final rule—which itself was published in April 2024—and help promote timely compliance with the final rule’s requirements before its May 10, 2024, effective date. ddrumheller on DSK120RN23PROD with RULES1 B. Executive Order 12866 and 14094, and DOT Regulatory Policies and Procedures These corrections have been evaluated in accordance with existing policies and procedures and are not considered significant under Executive Order 12866 (‘‘Regulatory Planning and Review’’),2 Executive Order 14094 (‘‘Modernizing Regulatory Review’’),3 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 technical corrections herein (in all respects consistent with the final rule) neither impose incremental compliance costs nor adversely affect safety. Overall, PHMSA expects any impacts on the expected costs and benefits of the final rule will be negligible. C. Executive Order 13132 PHMSA has analyzed these corrections in accordance with the principles and criteria contained in Executive Order 13132 (‘‘Federalism’’) 4 and the Presidential memorandum (‘‘Preemption’’) that was published in the Federal Register on May 22, 2009.5 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 technical corrections herein are consistent with, and merely facilitate compliance with, the final rule, and do not have any substantial direct effect on the states, the relationship between the national government and the States, or the 2 58 FR 51735 (Oct. 4, 1993). FR 21879 (April 11, 2023). 4 64 FR 43255 (Aug. 10, 1999). 5 74 FR 24693 (May 22, 2009). distribution of power and responsibilities among the various levels of government beyond what was accounted for in the final rule. This notice 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. D. Executive Order 13175 These corrections were analyzed in accordance with the principles and criteria contained in Executive Order 13175 (‘‘Consultation and Coordination with Indian Tribal Governments’’) 6 and DOT Order 5301.1A (‘‘Department of Transportation Tribal Consultation Policies and Procedures’’). Executive Order 13175 and DOT Order 5301.1A require DOT Operating Administrations to assure meaningful and timely input from Native American 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. Because the technical corrections herein do not 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. E. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies and Procedures 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 differing compliance standards for small businesses, where possible to do so and still meet the objectives of applicable regulatory statutes. Executive Order 13272 (‘‘Proper Consideration of Small Entities in Agency Rulemaking’’) 7 requires agencies to establish 3 88 VerDate Sep<11>2014 15:06 May 08, 2024 6 65 7 67 Jkt 262001 PO 00000 FR 67249 (Nov. 9, 2000). FR 53461 (Aug. 16, 2002). Frm 00034 Fmt 4700 Sfmt 4700 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. The DOT posts its implementing guidance on a dedicated web page.8 This corrections document was—like the final rule—developed in accordance with Executive Order 13272 and with DOT’s procedures and policies to promote compliance with the Regulatory Flexibility Act to ensure that potential impacts of draft rules on small entities are properly considered. These corrections—like the final rule— facilitate the transportation of hazardous materials in international commerce by providing consistency with international standards. Those corrections apply to offerors and carriers of hazardous materials, some of whom are small entities, such as chemical manufacturers, users, and suppliers; and packaging manufacturers, distributors, and training companies. As discussed at length in the regulatory impact analysis (RIA) that accompanied the final rule and was posted in the rulemaking docket, the amendments in the final rule should result in net cost savings that will ease the regulatory compliance burden for those and other entities engaged in domestic and international commerce, including trans-border shipments within North America. Additionally, the changes in the final rule will relieve U.S. companies— including small entities competing in foreign markets—from the burden of complying with a dual system of regulations. Therefore, PHMSA expects that these corrections—like the amendments in the final rule—will not have a significant economic impact on a substantial number of small entities. Because the technical corrections herein will impose no new incremental compliance costs, PHMSA understands the analysis in the RIA remains unchanged. F. Paperwork Reduction Act The corrections in this notice impose no new or revised information collection requirements beyond those discussed in the final rule. G. Unfunded Mandates Reform Act of 1995 PHMSA analyzed the corrections in this notice under the factors in the 8 DOT, ‘‘Rulemaking Requirements Related to Small Entities,’’ https://www.transportation.gov/ regulations/rulemaking-requirements-concerningsmall-entities (last accessed June 17, 2021). E:\FR\FM\09MYR1.SGM 09MYR1 Federal Register / Vol. 89, No. 91 / Thursday, May 9, 2024 / Rules and Regulations Unfunded Mandates Reform Act of 1995 (UMRA, 2 U.S.C. 1501 et seq.) and determined that the corrections to the final rule herein do not impose enforceable duties on state, local, or tribal governments or on the private sector of $100 million or more, adjusted for inflation, in any one year. PHMSA prepared an analysis of the UMRA considerations in the final RIA for the final rule, which is available in the docket for the rulemaking. Because the corrections herein will impose no new incremental compliance costs, PHMSA understands the analysis in that UMRA discussion for the final rule remains unchanged. H. Environmental Assessment The National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.) requires federal agencies to prepare a detailed statement on major Federal actions significantly affecting the quality of the human environment. PHMSA analyzed the final rule in accordance with NEPA, implementing Council on Environmental Quality regulations (40 CFR parts 1500–1508), and DOT implementing policies (DOT Order 5610.1C, ‘‘Procedures for Considering Environmental Impacts’’) and determined the final rule would have not significantly impact on the human environment. The corrections to the final rule in this notice have no effect on PHMSA’s earlier NEPA analysis as they are consistent, and merely facilitate compliance with, the final rule. I. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. J. Executive Order 13609 and International Trade Analysis ddrumheller on DSK120RN23PROD with RULES1 Under Executive Order 13609 (‘‘Promoting International Regulatory VerDate Sep<11>2014 15:06 May 08, 2024 Jkt 262001 Cooperation’’),9 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 final rule involved multiple voluntary consensus standards which were discussed at length in the discussion on § 171.7. The corrections herein do not change the final rule’s analysis. L. Executive Order 13211 Executive Order 13211 (‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’) 10 requires federal agencies to prepare a Statement of Energy Effects for any ‘‘significant energy action.’’ The corrections herein do not invoke any issues under Executive Order 13211. M. Cybersecurity and Executive Order 14028 Executive Order 14028 (‘‘Improving the Nation’s Cybersecurity’’) 11 directed the federal government to improve its efforts to identify, deter, and respond to ‘‘persistent and increasingly sophisticated malicious cyber campaigns.’’ The corrections herein do not invoke any cybersecurity issues. N. Severability These corrections do not present any issues with severability. III. Corrections PHMSA makes corrections to the regulatory text of the final rule document. PHMSA is correctly revising the § 172.101 HMT entries for the hazardous materials discussed above in Section I. Additionally, PHMSA is correcting the amendatory instruction 19c. ■ In FR Doc. 2024–06956, appearing on page 25434 in the Federal Register of Wednesday, April 10, 2024, the following corrections are made: ■ a. On page 25474, revise the entry for ‘‘Articles containing miscellaneous dangerous goods, n.o.s.’’; ■ b. On page 25474, revise the entry for ‘‘Articles containing non-flammable, non-toxic gas, n.o.s.’’; ■ c. On page 25474, revise the entry for ‘‘Corrosive liquids, toxic, n.o.s.’’; ■ d. On page 25474, add seven stars in between the ‘‘Corrosive liquids, toxic, n.o.s.’’ entry and the ‘‘Corrosive solids, toxic, n.o.s.’’ entry; ■ e. On page 25474, revise the entry for ‘‘Corrosive solids, toxic, n.o.s.’’; ■ f. On page 25474, revise the entry for ‘‘Detonators, electronic programmable for blasting’’; and ■ g. On page 25475, revise the entry for ‘‘Water-reactive liquid, n.o.s.’’. The corrections read as follows: § 172.101 * * [Corrected] * § 172.101 * * Hazardous Materials Table BILLING CODE 4910–60–P 9 77 FR 26413 (May 4, 2012). FR 28355 (May 22, 2001). 10 66 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 39573 11 86 E:\FR\FM\09MYR1.SGM FR 26633 (May 17, 2021). 09MYR1 ddrumheller on DSK120RN23PROD with RULES1 39574 VerDate Sep<11>2014 I Symbols Jkt 262001 (1) I Hazardous materials descriptions and proper shipping names (2) I PO 00000 G Frm 00036 G Articles containing miscellaneous dangerous goods, n.o.s. Articles containing nonflammable, non-toxic gas, n.o.s. * * 9 UN3548 9 2.2 UN3538 2.2 8 UN2922 Fmt 4700 Sfmt 4725 Corrosive solids, toxic, n.o.s. E:\FR\FM\09MYR1.SGM 09MYR1 Water-reactive liquid, n.o.s. * ER09MY24.065</GPH> TT 8, 6.1 III 8, 6.1 I 8, 6.1 II 8, 6.1 lll 8, 6.1 * * 1.4B 4.3 UN3148 * 4.3 II 4.3 III 4.3 * Bulk (8C) (9) Quantity limitations (see§§ 173.27 and 175.75) Passenger Cargo airaircraft/rail craft only (9A) (9B) (10) Vessel stowage Locati on (lOA) Other (l0B) * None 232 * 232 Forbidden * Forbidden A 391, 396, A225 None 232 232 Forbidden Forbidden A A4,A7,Bl0, Tl4, TP2, TP13, TP27 B3, TB2, T7, TP2 IB3, T7, TPl, TP28 None 201 243 0.5L 2.5 L B 40 154 202 243 1L 30L B 40 154 203 241 SL 60L B 40 AS, IB7, T6, TP33 IB8, IP2, IP4, T3, TP33 IB8, IP3, Tl, TP33 None 211 242 1 kg 25 kg B 40 154 212 240 15 kg 50kg B 40 154 213 240 25 kg 100kg B 40 62 None Forbidden 75 kg 05 25 None 201 244 Forbidden lL E 151 202 243 lL 5L E 151 203 242 5L 60L E 13, 40, 148 13, 40, 148 13, 40, 148 * • • • 148 * I (8) Packaging (§ 173.***) Exceptions Non(8A) bulk (8B) 391, A224 * UN0512 * Special Provisions (§ 172.102) (7) * 8, 6.1 1.4B * G UN2923 Label Codes (6) I * 8 * Detonators, electronic programmable for blastinz PG (5) * * G I Identification Numbers (4) * Corrosive liquids, toxic, n.o.s. I Hazard class or division (3) * G I Tl3, TP2, TP7, W31 IBI, T7, TP2, TP7, W31 IB2, T7, TP2, TP7, W31 * 63(f), 63(g) * * • • * * * * • • • * * * * * Federal Register / Vol. 89, No. 91 / Thursday, May 9, 2024 / Rules and Regulations 15:06 May 08, 2024 I Federal Register / Vol. 89, No. 91 / Thursday, May 9, 2024 / Rules and Regulations § 173.225 [Corrected] 2. On page 25481, in part 173, in amendment 19c., the instruction ‘‘Revise newly designated table 4 to paragraph (g).:’’ is corrected to read ‘‘In newly designated table 4 to paragraph (g), under UN No. 3109, and above ‘‘tertButyl hydroperoxide, not more than 72% with water’’ add an entry for ‘‘tertButyl hydroperoxide, not more than 56% with diluent type B2’’ and revise the Notes after newly designated table 4 to paragraph (g) to read as follows’’. ■ Issued in Washington, DC, on May 3, 2024, under authority delegated in 49 CFR 1.97. Tristan H. Brown, Deputy Administrator, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 2024–10098 Filed 5–8–24; 8:45 am] BILLING CODE 4910–60–C DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 240227–0061; RTID 0648– XD692] Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Jig Gear in the Central Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for Pacific cod by vessels using jig gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 15:06 May 08, 2024 Jkt 262001 season allowance of the 2024 total allowable catch (TAC) of Pacific cod by vessels using jig gear in the Central Regulatory Area of the GOA. DATES: Effective 1200 hours, Alaska local time (A.l.t.), May 6, 2024, through 1200 hours, A.l.t., June 10, 2024. FOR FURTHER INFORMATION CONTACT: Abby Jahn, 907–586–7416. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The A season allowance of the 2024 Pacific cod TAC apportioned to vessels using jig gear in the Central Regulatory Area of the GOA is 185 metric tons (mt) as established by the final 2024 and 2025 harvest specifications for groundfish in the GOA (89 FR 15484, March 4, 2024). In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the A season allowance of the 2024 Pacific cod TAC apportioned to vessels using jig gear in the Central Regulatory Area of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 93 mt and is setting aside the remaining 0 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting PO 00000 Frm 00037 Fmt 4700 Sfmt 9990 39575 directed fishing for Pacific cod by vessels using jig gear in the Central Regulatory Area of the GOA. While this closure is effective, the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR part 679, which was issued pursuant to section 304(b), and is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment would be impracticable and contrary to the public interest, as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion, and would delay the closure of Pacific cod by vessels using jig gear in the Central Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of May 3, 2024. The Assistant Administrator for Fisheries, NOAA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. Authority: 16 U.S.C. 1801 et seq. Dated: May 6, 2024. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–10151 Filed 5–6–24; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\09MYR1.SGM 09MYR1

Agencies

[Federal Register Volume 89, Number 91 (Thursday, May 9, 2024)]
[Rules and Regulations]
[Pages 39570-39575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10098]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 175, 176, 178, and 180

[Docket No. PHMSA-2021-0092 (HM-215Q)]
RIN 2137-AF57

Hazardous Materials: Harmonization With International Standards;
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 a final rule that was published in the Federal Register on
April 10, 2024. The final rule was published to maintain alignment with
international regulations and standards by adopting various amendments,
including changes to proper shipping names, hazard classes, packing
groups, special provisions, packaging authorizations, air transport
quantity limitations, and vessel stowage requirements. The corrections
address several errors to the hazardous material entries in the
hazardous materials table.

DATES: This correction is effective May 10, 2024.

FOR FURTHER INFORMATION CONTACT: Steven Andrews, Standards and
Rulemaking, or Candace Casey, Standards and Rulemaking, 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 Technical Corrections

On April 10, 2024, the Pipeline and Hazardous Materials Safety
Administration (PHMSA) published a final rule in the Federal Register
entitled ``Hazardous Materials: Harmonization with International
Standards.'' \1\ In the final rule, the amendatory instruction 19c for
the revision of Table 4 to paragraph (g) in Sec. 173.225 should have
read: ``In newly designated Table 4 to paragraph (g), under UN No.
3109, and above ``tert-Butyl hydroperoxide, not more than 72% with
water'' add an entry for ``tert-Butyl hydroperoxide, not more than 56%
with diluent type B\2\'' and revise the Notes after newly designated
table 4 to paragraph (g) to read as follows.'' The publication of this
correction is needed to ensure that the final rule's amendment of Table
4 to paragraph (g) of Sec. 173.225--which the amendment is effective
May 10, 2024--will read as intended.
---------------------------------------------------------------------------

\1\ 89 FR 25434 (Apr. 10, 2024).
---------------------------------------------------------------------------

Additionally, changes in the final rule included numerous
amendments to the Sec. 172.101 Hazardous Materials Table (HMT).
Unfortunately, the amendments to a few of the table entries introduced
new unintended errors that PHMSA is correcting in this notice. The
unintended errors are summarized below.
UN3548, Articles containing miscellaneous dangerous goods,
n.o.s.: In HM-215Q, PHMSA revised the entry ``UN3548, Articles
containing miscellaneous dangerous goods, n.o.s.'' to add Special
Provision A224 to Column 7. Special Provision A224 allows for the
transport of large articles containing a non-flammable, non-toxic gas
or environmentally hazardous substances on both passenger aircraft and
cargo aircraft only under certain conditions. As a part of this HM-215Q
revision, PHMSA inadvertently removed label code ``9'' from Column 6.
Label Code ``9'' in Column 6 is necessary to ensure Class 9 labels are
placed on packages shipped under

[[Page 39571]]

``UN3548, Articles containing miscellaneous dangerous goods, n.o.s.''
To meet the original intent of HM-215Q to harmonize with international
standards, PHMSA is correcting this error in this notice. See ``Section
III. Corrections.''
UN3538, Articles containing non-flammable, non-toxic gas,
n.o.s.: In HM-215Q, PHMSA revised the entry ``UN3538, Articles
containing non-flammable, non-toxic gas, n.o.s.,'' to add Special
Provision A225 to Column 7. Special Provision A225 allows for the
transport of large articles containing a non-flammable, non-toxic gas
or environmentally hazardous substances on both passenger aircraft and
cargo aircraft only under certain conditions. As a part of this
revision, PHMSA inadvertently removed the ``G'' from Column 1 of the
``UN3538, Articles containing non-flammable, non-toxic gas, n.o.s.''
entry. The ``G'' in Column 1 identifies proper shipping names for which
one or more technical names of the hazardous material must be entered
in parentheses, in association with the basic description. To meet the
original intent of HM-215Q to harmonize with international standards,
PHMSA is correcting this error in this notice. See ``Section III.
Corrections.''
UN2922, Corrosive liquids, toxic, n.o.s.: In HM-215Q,
PHMSA made a revision to the entry ``UN2922, Corrosive liquid, toxic,
n.o.s.'' to add Special Provision A4 to Column 7. Special Provision A4
addresses liquids and solids in PG I that also pose an inhalation
toxicity hazard by limiting or prohibiting their transportation on
aircraft. As written, the regulatory instructions in HM-215Q might
inadvertently remove the PG II and III entries for ``UN2922, Corrosive
liquid, toxic, n.o.s.'' Therefore, the regulatory instruction needs to
be revised to ensure that PG II and III for ``UN2922, Corrosive liquid,
toxic, n.o.s.'' are not deleted from the HMT. To meet the original
intent of HM-215Q to harmonize with international standards, PHMSA is
correcting this error in this notice. See ``Section III. Corrections.''
UN2923, Corrosive solids, toxic, n.o.s.: In HM-215Q, PHMSA
made a revision to the entry ``UN2923, Corrosive solids, toxic,
n.o.s.'' to add Special Provision A5 to Column 7. Special Provision A5
addresses liquids and solids in PG I that also pose an inhalation
toxicity hazard by limiting or prohibiting their transportation on
aircraft. As written, the regulatory instruction for the HMT might
inadvertently remove the PG II and III entries for ``UN2923, Corrosive
solids, toxic, n.o.s.'' Therefore, the regulatory instructions need to
be revised to ensure that PG II and III for ``UN2923, Corrosive solids,
toxic, n.o.s.'' are not deleted from the HMT. To meet the original
intent of HM-215Q to harmonize with international standards, PHMSA is
correcting this error in this notice. See ``Section III. Corrections.''
UN0512, Detonators, electronic programmable for blasting:
In HM-215Q, PHMSA made a revision to the entry ``UN0512, Detonators,
electronic programmable for blasting.'' In the 2022 HM-215P final rule,
PHMSA added three new entries for electronic detonators to distinguish
them from electric detonators, which have different functioning
characteristics but similar regulatory provisions for their transport
and incorrectly assigned an obsolete special provision, Special
Provision 103. In HM-215Q, PHMSA removed the reference to Special
Provision 103 in Column 7 for UN0512 and replaced it with Special
Provision 148 consistent with the entry of UN0255. However, in making
this revision in HM-215Q, PHMSA inadvertently made the word
``electronic'' in ``UN0512, Detonators, electronic programmable for
blasting'' in italics. Proper shipping names listed in the HMT are
limited to those shown in Roman type (not italics). To meet the
original intent of HM-215Q to harmonize with international standards,
PHMSA is correcting this error in this notice. See ``Section III.
Corrections.''
UN3148, Water-reactive liquid, n.o.s.: In HM-215Q, PHMSA
made corrections to multiple HMT entries that were inadvertently
modified in previous rulemakings. Specifically, for the PG II and III
entries for ``UN3129, Water-reactive liquid, corrosive, n.o.s.'' and
``UN3148, Water-reactive liquid, n.o.s.,'' the references to the
exceptions in Sec. 173.151 in Column 8A were removed and replaced with
the word ``None.'' In doing so however, PHMSA inadvertently made
revisions to the PG II entry for ``UN3148, Water-reactive liquid,
n.o.s.,'' that were not intended. This includes inadvertent revisions
to columns 7, 8B, 8C, 9A, and 9B for the PG II entry for ``UN3148,
Water-reactive liquid, n.o.s.'' To meet the original intent of HM-215Q
to harmonize with international standards, PHMSA is correcting this
error in this notice. See ``Section III. Corrections.''

II. Regulatory Analyses and Notices

A. Statutory/Legal Authority

Statutory authority for this notice's corrections to the final
rule, as with the final rule itself, is provided by the Federal
hazardous materials transportation law (49 U.S.C. 5101 et seq.). The
Secretary delegated the authority granted in the Federal hazardous
materials transportation law to the PHMSA Administrator at 49 CFR
1.97(b).
PHMSA finds it has good cause to make the technical corrections
herein 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 corrections here consists of technical correction to amend
the amendatory instruction 19c. to Sec. 173.225 which (as published in
the Federal Register) inadvertently would not make a necessary revision
to an entry in Table 4 to paragraph (g), as well as cure inadvertent
omissions of current HMT fields. The publication of these corrections
are needed to ensure that Sec. 173.225 and the HMT continue to read as
intended; these technical corrections make no substantive changes to
the final rule but merely facilitate its implementation. Because the
final rule is the product of an extensive administrative record with
numerous opportunities--including through written comments--for public
comment, PHMSA finds that additional comment on the technical
corrections herein is unnecessary.
The May 10, 2024, effective date of the corrections 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 corrections become effective. The correction of amendatory
instruction 19c. ensures that the intended regulatory language at Table
4 to paragraph (g) in Sec. 173.225 will be codified in regulation, and
other

[[Page 39572]]

corrections restore HMT fields that could be inadvertently deleted by
the final rule; in accordance with 5 U.S.C. 553(d)(1), those
corrections will be effective May 10, 2024. Moreover, PHMSA finds that
good cause under Section 553(d)(3) supports making the revisions
effective May 10, 2024, because the corrections contained in this
notice are entirely consistent with the final rule--which itself was
published in April 2024--and help promote timely compliance with the
final rule's requirements before its May 10, 2024, effective date.

B. Executive Order 12866 and 14094, and DOT Regulatory Policies and
Procedures

These corrections have been evaluated in accordance with existing
policies and procedures and are not considered significant under
Executive Order 12866 (``Regulatory Planning and Review''),\2\
Executive Order 14094 (``Modernizing Regulatory Review''),\3\ 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 technical
corrections herein (in all respects consistent with the final rule)
neither impose incremental compliance costs nor adversely affect
safety. Overall, PHMSA expects any impacts on the expected costs and
benefits of the final rule will be negligible.
---------------------------------------------------------------------------

\2\ 58 FR 51735 (Oct. 4, 1993).
\3\ 88 FR 21879 (April 11, 2023).
---------------------------------------------------------------------------

C. Executive Order 13132

PHMSA has analyzed these corrections in accordance with the
principles and criteria contained in Executive Order 13132
(``Federalism'') \4\ and the Presidential memorandum (``Preemption'')
that was published in the Federal Register on May 22, 2009.\5\
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 technical corrections herein are consistent with,
and merely facilitate compliance with, the final rule, and do not have
any substantial direct effect 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. This notice 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.
---------------------------------------------------------------------------

\4\ 64 FR 43255 (Aug. 10, 1999).
\5\ 74 FR 24693 (May 22, 2009).
---------------------------------------------------------------------------

D. Executive Order 13175

These corrections were analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments'') \6\ and DOT Order
5301.1A (``Department of Transportation Tribal Consultation Policies
and Procedures''). Executive Order 13175 and DOT Order 5301.1A require
DOT Operating Administrations to assure meaningful and timely input
from Native American 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. Because the technical corrections herein do not 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.
---------------------------------------------------------------------------

\6\ 65 FR 67249 (Nov. 9, 2000).
---------------------------------------------------------------------------

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

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, where possible to
do so and still meet the objectives of applicable regulatory statutes.
Executive Order 13272 (``Proper Consideration of Small Entities in
Agency Rulemaking'') \7\ 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. The DOT posts its
implementing guidance on a dedicated web page.\8\
---------------------------------------------------------------------------

\7\ 67 FR 53461 (Aug. 16, 2002).
\8\ DOT, ``Rulemaking Requirements Related to Small Entities,''
https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities (last accessed June 17, 2021).
---------------------------------------------------------------------------

This corrections document was--like the final rule--developed in
accordance with Executive Order 13272 and with DOT's procedures and
policies to promote compliance with the Regulatory Flexibility Act to
ensure that potential impacts of draft rules on small entities are
properly considered. These corrections--like the final rule--facilitate
the transportation of hazardous materials in international commerce by
providing consistency with international standards. Those corrections
apply to offerors and carriers of hazardous materials, some of whom are
small entities, such as chemical manufacturers, users, and suppliers;
and packaging manufacturers, distributors, and training companies. As
discussed at length in the regulatory impact analysis (RIA) that
accompanied the final rule and was posted in the rulemaking docket, the
amendments in the final rule should result in net cost savings that
will ease the regulatory compliance burden for those and other entities
engaged in domestic and international commerce, including trans-border
shipments within North America. Additionally, the changes in the final
rule will relieve U.S. companies--including small entities competing in
foreign markets--from the burden of complying with a dual system of
regulations. Therefore, PHMSA expects that these corrections--like the
amendments in the final rule--will not have a significant economic
impact on a substantial number of small entities. Because the technical
corrections herein will impose no new incremental compliance costs,
PHMSA understands the analysis in the RIA remains unchanged.

F. Paperwork Reduction Act

The corrections in this notice impose no new or revised information
collection requirements beyond those discussed in the final rule.

G. Unfunded Mandates Reform Act of 1995

PHMSA analyzed the corrections in this notice under the factors in
the

[[Page 39573]]

Unfunded Mandates Reform Act of 1995 (UMRA, 2 U.S.C. 1501 et seq.) and
determined that the corrections to the final rule herein do not impose
enforceable duties on state, local, or tribal governments or on the
private sector of $100 million or more, adjusted for inflation, in any
one year. PHMSA prepared an analysis of the UMRA considerations in the
final RIA for the final rule, which is available in the docket for the
rulemaking. Because the corrections herein will impose no new
incremental compliance costs, PHMSA understands the analysis in that
UMRA discussion for the final rule remains unchanged.

H. Environmental Assessment

The National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321
et seq.) requires federal agencies to prepare a detailed statement on
major Federal actions significantly affecting the quality of the human
environment. PHMSA analyzed the final rule in accordance with NEPA,
implementing Council on Environmental Quality regulations (40 CFR parts
1500-1508), and DOT implementing policies (DOT Order 5610.1C,
``Procedures for Considering Environmental Impacts'') and determined
the final rule would have not significantly impact on the human
environment. The corrections to the final rule in this notice have no
effect on PHMSA's earlier NEPA analysis as they are consistent, and
merely facilitate compliance with, the final rule.

I. Privacy Act

In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to inform its rulemaking process. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.

J. Executive Order 13609 and International Trade Analysis

Under Executive Order 13609 (``Promoting International Regulatory
Cooperation''),\9\ 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.
---------------------------------------------------------------------------

\9\ 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 final
rule involved multiple voluntary consensus standards which were
discussed at length in the discussion on Sec. 171.7. The corrections
herein do not change the final rule's analysis.

L. Executive Order 13211

Executive Order 13211 (``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'') \10\
requires federal agencies to prepare a Statement of Energy Effects for
any ``significant energy action.'' The corrections herein do not invoke
any issues under Executive Order 13211.
---------------------------------------------------------------------------

\10\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------

M. Cybersecurity and Executive Order 14028

Executive Order 14028 (``Improving the Nation's Cybersecurity'')
\11\ directed the federal government to improve its efforts to
identify, deter, and respond to ``persistent and increasingly
sophisticated malicious cyber campaigns.'' The corrections herein do
not invoke any cybersecurity issues.
---------------------------------------------------------------------------

\11\ 86 FR 26633 (May 17, 2021).
---------------------------------------------------------------------------

N. Severability

These corrections do not present any issues with severability.

III. Corrections

PHMSA makes corrections to the regulatory text of the final rule
document. PHMSA is correctly revising the Sec. 172.101 HMT entries for
the hazardous materials discussed above in Section I. Additionally,
PHMSA is correcting the amendatory instruction 19c.

0
In FR Doc. 2024-06956, appearing on page 25434 in the Federal Register
of Wednesday, April 10, 2024, the following corrections are made:
0
a. On page 25474, revise the entry for ``Articles containing
miscellaneous dangerous goods, n.o.s.'';
0
b. On page 25474, revise the entry for ``Articles containing non-
flammable, non-toxic gas, n.o.s.'';
0
c. On page 25474, revise the entry for ``Corrosive liquids, toxic,
n.o.s.'';
0
d. On page 25474, add seven stars in between the ``Corrosive liquids,
toxic, n.o.s.'' entry and the ``Corrosive solids, toxic, n.o.s.''
entry;
0
e. On page 25474, revise the entry for ``Corrosive solids, toxic,
n.o.s.'';
0
f. On page 25474, revise the entry for ``Detonators, electronic
programmable for blasting''; and
0
g. On page 25475, revise the entry for ``Water-reactive liquid,
n.o.s.''.
The corrections read as follows:

Sec. 172.101 [Corrected]

* * * * *

Sec. 172.101 Hazardous Materials Table

BILLING CODE 4910-60-P

[[Page 39574]]

[GRAPHIC] [TIFF OMITTED] TR09MY24.065

[[Page 39575]]

Sec. 173.225 [Corrected]

0
2. On page 25481, in part 173, in amendment 19c., the instruction
``Revise newly designated table 4 to paragraph (g).:'' is corrected to
read ``In newly designated table 4 to paragraph (g), under UN No. 3109,
and above ``tert-Butyl hydroperoxide, not more than 72% with water''
add an entry for ``tert-Butyl hydroperoxide, not more than 56% with
diluent type B\2\'' and revise the Notes after newly designated table 4
to paragraph (g) to read as follows''.

Issued in Washington, DC, on May 3, 2024, under authority
delegated in 49 CFR 1.97.
Tristan H. Brown,
Deputy Administrator, Pipeline and Hazardous Materials Safety
Administration.
[FR Doc. 2024-10098 Filed 5-8-24; 8:45 am]
BILLING CODE 4910-60-C

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.