Hazardous materials: Hazardous liquid transportation— Liquefied compressed gases; continued manufacture of MC331 cargo tanks,

[Federal Register: January 12, 1999 (Volume 64, Number 7)]

[Proposed Rules]

[Page 1789-1791]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr12ja99-23]

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 171

[Docket No. RSPA-98-4943 (HM-225B)]

RIN 2137-AD31

Hazardous Materials: Authorization for the Continued Manufacture of Certain MC 331 Cargo Tanks

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice of Proposed Rulemaking (NPRM).

SUMMARY: This notice proposes to extend from March 1, 1999 to July 1, 1999, the period for continued manufacture of MC 331 cargo tanks without certification and demonstrated performance of the emergency discharge control system. The intent of this NPRM is to provide for the uninterrupted production of specification MC 331 cargo tanks used in the transportation of propane, anhydrous ammonia and other liquefied compressed gases.

DATES: Comments must be received on or before February 11, 1999.

ADDRESSES: Address written comments to the Dockets Management System, U.S. Department of Transportation, Room PL-401, 400 Seventh Street, SW, Washington, DC 20590-0001. Identify the docket number RSPA-98-4943 at the beginning of the comments and submit two copies. If you want to receive confirmation of receipt of your comments, include a self- addressed, stamped postcard. Comments also may be submitted by e-mail to rules@rspa.dot.gov.

Dockets Management System is located on the Plaza Level of the Nassif Building at the Department of Transportation at the above address. You can review public dockets there between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, except

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Federal holidays. In addition, you can review comments by accessing the docket management system through the DOT home page (http:// dms.dot.gov).

FOR FURTHER INFORMATION CONTACT: Jennifer Karim or Susan Gorsky, Office of Hazardous Materials Standards, Research and Special Programs Administration (202) 366-8553.

SUPPLEMENTARY INFORMATION: On February 19, 1997, under Docket No. RSPA- 97-2133 (HM-225) (62 FR 7638), the Research and Special Programs Administration (RSPA, ``we'') issued an emergency interim final rule to specify the conditions under which MC 330 and MC 331 cargo tank motor vehicles could continue to operate while RSPA and the industry addressed operational problems related to the cargo tank emergency discharge control system. A final rule extending and revising the provisions of the emergency interim final rule was issued on August 18, 1997 (62 FR 44038). The August 18 final rule included a provision permitting continued manufacture of MC 331 cargo tanks without certification and demonstrated performance of the emergency discharge control system until March 1, 1999.

We issued a final rule responding to petitions for reconsideration and clarifying certain provisions of the August 18 final rule on December 10, 1997 (62 FR 65187). In this rule, RSPA extended the expiration date of certain provisions of the rule from March 1, 1999 to July 1, 1999. This change was based on a request from Farmland Industries, Inc. and The Fertilizer Institute asking that the agency allow a four-month extension of the expiration date to July 1, 1999, to avoid expiration of the requirements at the beginning of the fertilizer industry's peak delivery season.

A provision in the August 18, 1997 final rule permits, until March 1, 1999, a new cargo tank motor vehicle to be marked and certified as conforming to specification MC 331 without certification and demonstrated performance of the emergency discharge control system. RSPA did not change the date for this provision in the December 10, 1997 final rule because it was not requested by petitioners and we did not anticipate a need to extend the date at that time. RSPA has subsequently established a negotiated rulemaking committee (the Committee) which is developing alternative safety standards for unloading liquefied compressed gases to replace those standards which expire on July 1, 1999. The work of the Committee is expected to extend beyond March 1, 1999. Therefore, we believe there is a need to extend the March 1, 1999 date until July 1, 1999, consistent with the expiration of the final rule, and are proposing to extend the date in this document. During its December 1-2, 1998 meeting, the Committee agreed that we should propose this change.

Regulatory Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

This proposed rule is not considered a significant regulatory action under section 3(f) of Executive Order 12866 and was not reviewed by the Office of Management and Budget. The rule is not considered significant under the regulatory policies and procedures of the Department of Transportation (44 FR 11034).

RSPA did not prepare a regulatory evaluation for this NPRM addressing the issue of extending the expiration date of the rule. However, a final regulatory evaluation was prepared in support of the final rule published on December 10, 1997. The final regulatory evaluation is available for review in that public docket.

Executive Order 12612

This proposed rule has been analyzed according to the principles and criteria contained in Executive Order 12612 (``Federalism''). The Federal hazardous materials transportation law (49 U.S.C. 5101--5127) contains an express preemption provision that preempts State, local, and Indian tribe requirements on certain covered subjects. Covered subjects are:

(A) The designation, description, and classification of hazardous materials;

(B) The packing, repacking, handling, labeling, marking, and placarding of hazardous materials;

(C) The preparation, execution, and use of shipping documents pertaining to hazardous materials and requirements relating to the number, content, and placement of such documents;

(D) The written notification, recording, and reporting of the unintentional release in transportation of hazardous materials; or

(E) The design, manufacturing, fabrication, marking, maintenance, reconditioning, repairing, or testing of a package or container which is represented, marked, certified, or sold as qualified for use in the transportation of hazardous materials.

Title 49 U.S.C. 5125(b)(2) provides that DOT must determine and publish in the Federal Register the effective date of Federal preemption. That effective date may not be earlier than the 90th day following the date of issuance of the final rule and not later than two years after the date of issuance. RSPA solicits comments on whether the proposed rule would have any effect on State, local or Indian tribe requirements and, if so, the most appropriate effective date of Federal preemption. We have determined that this proposed rule does not have sufficient Federalism impacts to warrant the preparation of a federalism assessment.

Executive Order 13084

The revised regulation evolving from this NPRM will not significantly or uniquely affect the communities of Indian tribal governments when analyzed under the principles and criteria contained in Executive Order (``Consultation and Coordination with Indian Tribal Government''). Therefore, the funding and consultation requirements of this Executive Order would not apply. Nevertheless, this NPRM specifically requests comments from affected persons, including Indian tribal governments, as to its potential impact.

Regulatory Flexibility Act

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), RSPA must consider whether a notice of proposed rulemaking would have a significant economic impact on a substantial number of small entities. This rule proposes only to extend the expiration date of the current rule from March 1, 1999 to July 1, 1999. Therefore, I certify that this proposed rule will not have a significant economic impact on a substantial number of small entities.

Paperwork Reduction Act

Under the Paperwork Reduction Act of 1995, no person is required to respond to a collection of information unless it displays a valid OMB control number. This NPRM does not propose any new information collection requirements.

Regulation Identifier Number (RIN)

A regulation identifier number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN number contained in the heading of this document can be used to cross-reference this action with the Unified Agenda.

Unfunded Mandates Reform Act

This proposed rule does not impose unfunded mandates under the Unfunded Mandates Reform Act of

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1995. It does not result in costs of $100 million or more to either State, local, or tribal governments, in the aggregate, or to the private sector, and is the least burdensome alternative that achieves the objective of the rule.

Impact on Business Processes and Computer Systems

Many computers that use two digits to keep track of dates will, on January 1, 2000, recognize ``double zero'' not as 2000 but as 1900. This glitch, the Year 2000 problem, could cause computers to stop running or to start generating erroneous data. The Year 2000 problem poses a threat to the global economy in which Americans live and work. With the help of the President's Council on Year 2000 Conversion, Federal agencies are reaching out to increase awareness of the problem and to offer support. We do not want to impose new requirements that would mandate business process changes when the resources necessary to implement those requirements would otherwise be applied to the Year 2000 problem.

This NPRM does not impose business process changes or require modifications to computer systems. Because this NPRM does not affect organizations' ability to respond to the Year 2000 problem, we do not intend to delay the effectiveness of the proposed requirements in this NPRM.

List of Subjects in 49 CFR Part 171

Exports, Hazardous materials transportation, Hazardous waste, Imports, Reporting and recordkeeping requirements.

In consideration of the foregoing, 49 CFR Part 171 would be amended as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

1. The authority citation for Part 171 would continue to read as follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec. 171.5 [Amended]

2. In Sec. 171.5, in paragraph (a)(3), the date ``March 1, 1999'' would be revised to read ``July 1, 1999''.

Issued in Washington, DC, on January 6, 1999, under authority delegated in 49 CFR part 106. Alan I. Roberts, Associate Administrator for Hazardous Materials Safety.

[FR Doc. 99-623Filed1-11-99; 8:45 am]

BILLING CODE: 4910-60-P