Pipeline and Hazardous Materials Safety Administration August 2006 – Federal Register Recent Federal Regulation Documents

This final rule revises the Hazardous Materials Regulations to address a known safety problem with cylinders manufactured of aluminum alloy 6351-T6. The revisions include an inspection and testing program for early detection of sustained load cracking on cylinders manufactured of aluminum alloy 6351-T6 and used in self-contained underwater breathing apparatus (SCUBA), self-contained breathing apparatus (SCBA), and oxygen services.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.

This rule proposes to amend the statutorily mandated registration and fee assessment program for persons who transport or offer for transportation certain categories and quantities of hazardous materials. For those registrants not qualifying as a small business or not-for-profit organization, we are proposing to increase the fee to $1,975 (plus a $25 administrative fee) for registration year 2007-2008 and increase the fee to $2,975 (plus a $25 administrative fee) for registration year 2008-2009 and following years. The fee increase is necessary to fund the national Hazardous Materials Emergency Preparedness (HMEP) grants program at approximately $28,000,000 in accordance with the Administration's Fiscal Year 2007 budget proposal to Congress. PHMSA is also proposing to eliminate the expedited telephonic registration option. The number of telephonic registrations has steadily decreased with the addition of the internet registration option, therefore, we believe that this registration option is no longer necessary.

PHMSA requests comments on the economic impact of its regulations on small entities. As required by the Regulatory Flexibility Act and as published in DOT's Semi-Annual Regulatory Agenda, we are analyzing the Hazardous Materials Regulations applicable to specifications for non-bulk packagings and training and planning grants. We are also analyzing the Pipeline Safety Regulations applicable to oil pipeline response plans and the hazardous liquid reporting requirements. The purpose of these analyses is to identify requirements that may have a significant economic impact on a substantial number of small entities. We also request comments on ways to make these regulations easier to read and understand.

In accordance with the requirements of 49 U.S.C. 5117(c), PHMSA is publishing the following list of special permit applications that have been in process for 180 days or more. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application.