[Federal Register: July 16, 2007 (Volume 72, Number 135)]
[Proposed Rules]
[Page 38810-38811]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy07-23]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Chapter I
[Docket No. PHMSA-2007-27329 (HM-233A)]
RIN 2137-AD84
Hazardous Materials: Conversion of Special Permits into
Regulations of General Applicability
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Request for comments.
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SUMMARY: PHMSA is in the process of reviewing widely-used special
permits to identify those that have proven safety records and should be
converted into the Hazardous Materials Regulations (HMR) as regulations
of general applicability. A special permit is an authorization issued
by PHMSA that allows a company or individual to package or ship a
hazardous material in a manner that varies from the regulations
provided an equivalent level of safety is maintained or that, in an
emergency, is necessary to protect life or property. Incorporation of
special permits into the HMR is a regulatory reform effort.
DATES: Written comments should be submitted on or before September 14,
2007.
ADDRESSES: The U.S. Department of Transportation has relocated to a new
facility located at 1200 New Jersey Avenue, SE., Washington, DC 20590-
0001. We have modified the delivery instructions below to accommodate
this transition period. You may submit comments identified by the
docket number (PHMSA-2007-27329 (HM-233A)) by any of the following
methods:
Web site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001. If sent by mail,
comments are to be submitted in two copies. Persons wishing to receive
confirmation of receipt of their comments should include a self-
addressed stamped postcard.
Hand Delivery: Docket Operations staff will accept
deliveries at the new DOT facility in Room W12-140 on the Ground Floor
of the West Building
[[Page 38811]]
located at 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
Hours at the new facility will remain 9 a.m. to 5 p.m., Monday through
Friday, except Federal Holidays.
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting
comments.
Instructions: All submissions must include the agency name
and docket number or Regulatory Identification Number (RIN) for this
notice. Note that all comments received will be posted without change
to http://dms.dot.gov including any personal information provided.
Anyone is able to search the electronic form of all comments received
into any of our dockets by the name of the individual submitting the
comment (or signing the comment, if submitted on behalf of an
association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70, pages 19477-78), or at http://dms.dot.gov
.
Docket: For access to the docket to read background
documents or comments received, go to http://dms.dot.gov at any time or
to the Docket Management System (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Eileen Edmonson, Office of Hazardous
Materials Standards, (202) 366-8553, or Diane LaValle, Office of
Hazardous Materials Special Permits and Approvals, (202) 366-4535,
Pipeline and Hazardous Materials Safety Administration (PHMSA) 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001, or by e-mail to:
Eileen.Edmonson@dot.gov, or Diane.LaValle@dot.gov.
SUPPLEMENTARY INFORMATION: The Pipeline and Hazardous Materials Safety
Administration (PHMSA) (hereafter, ``we'' or ``us'') is conducting a
review to identify widely-used special permits (formerly called
exemptions) with an established safety record which may be candidates
for conversion into regulations of general applicability under the
Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). A special
permit allows a packaging manufacturer, shipper, or carrier to deviate
from requirements in the HMR provided the special permit achieves at
least an equivalent level of safety as that provided by the HMR. The
procedures for issuing, modifying, and terminating special permits are
prescribed under subpart B of 49 CFR part 107 (Sec. Sec. 107.101-
107.127).
Special permits allow the industry to quickly implement new
technologies and to evaluate new operational techniques that often
enhance safety and increase productivity. Converting the provisions of
special permits with an established safety record into regulations
reduces paperwork burdens and facilitates commerce while maintaining an
acceptable level of safety. As stated in the summary, this effort is
also a regulatory reform and relief effort. The incorporation of the
provisions in special permits into the HMR relieves many regulatory
burdens on grantees. For example, grantees will no longer be required
to maintain and provide copies of the special permits, mark packages
and shipping documents with the permit number, and re-apply for
authorization when a permit expires. Grantees will no longer be
required to train individuals on the requirements of the special
permits, but will still need to train employees on HMR compliance.
Additionally, incorporation into the HMR provides wider access to the
benefits of the provisions that otherwise would be accorded to a
limited number of special permit grantees.
PHMSA has a long history of incorporating well-performing special
permits into the HMR safely. One of our most recent examples includes
incorporating provisions for the use of specialized high-integrity
packagings to transport certain poisons without requiring them to be
labeled with the POISON label.
Generally, a special permit is not a good candidate for conversion
into regulations if it has not been in effect long enough to establish
a clear safety record, is based on proprietary information for which
the holder has requested confidential treatment, or its conversion
would increase the complexity and length of the HMR for the benefit of
a limited number of persons.
In this notice, PHMSA is inviting the public to recommend special
permits for inclusion into the HMR. You should provide the special
permit number and a rationale for its inclusion as a regulation of
general applicability. We are particularly interested in the safety
history of the special permit and the benefits that would result from
its incorporation into the HMR, including reduced transportation costs,
increased flexibility, advancement of new technologies, and the like.
We will review all recommendations from the public submitted in
response to this notice as part of our ongoing review of outstanding
special permits. After completion of this review, we will publish a
notice of proposed rulemaking to propose conversion of the provisions
of specific special permits into regulations of general applicability.
Issued in Washington, DC, on July 6, 2007, under authority
delegated in 49 CFR part 106.
Theodore L. Willke,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. E7-13579 Filed 7-13-07; 8:45 am]
BILLING CODE 4910-60-P