[Federal Register: February 15, 2005 (Volume 70, Number 30)]
[Rules and Regulations]
[Page 7670-7672]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15fe05-12]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Part 173
[Docket No. RSPA-2005-20104 (Notice No. 05-02)]
Regulatory Flexibility Act Section 610 and Plain Language Reviews
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of regulatory review; request for comments.
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SUMMARY: RSPA 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 rules applicable to general shipment and
packaging requirements for shippers 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.
DATES: Comments must be received by May 16, 2005.
ADDRESSES: You may submit comments identified by the docket number
RSPA-2005-20104 (Notice No. 05-02) by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Web Site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251.
Mail: Docket Management System; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
Hand Delivery: To the Docket Management System; Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC between 9 am and 5 pm, Monday through Friday, except
Federal Holidays.
[[Page 7671]]
Instructions: You must include the agency name and docket number
RSPA-2005-20104 (Notice No. 05-02) at the beginning of your comment.
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 any written communications and
comments received into any of our dockets by the name of the individual
submitting the document (or signing the document, 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 (65 FR 19477) or you may visit http://dms.dot.gov.
Docket: You may view the public docket through the Internet at
http://dms.dot.gov or in person at the Docket Management System office
at the above address.
FOR FURTHER INFORMATION CONTACT: Susan Gorsky, Office of Hazardous
Materials Standards, Research and Special Programs Administration, U.S.
Department of Transportation, telephone (202) 366-8553; or Donna
O'Berry, Office of Chief Counsel, Research and Special Programs
Administration, U.S. Department of Transportation, telephone (202) 366-
4400.
SUPPLEMENTARY INFORMATION:
I. Section 610 of the Regulatory Flexibility Act
A. Background and Purpose
Section 610 of the Regulatory Flexibility Act of 1980 (Pub. L. 96-
354), as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (Pub. L.104-121), requires agencies to conduct periodic
reviews of rules that have a significant economic impact on a
substantial number of small business entities. The purpose of the
review is to determine whether such rules should be continued without
change, amended, or rescinded, consistent with the objectives of
applicable statutes, to minimize any significant economic impact of the
rules on a substantial number of such small entities.
B. Review Schedule
The Department of Transportation (DOT) published its Semiannual
Regulatory Agenda on December 13, 2004 (69 FR 73492), listing in
Appendix D (69 FR 73505) those regulations that each operating
administration will review under section 610 during the next 12 months.
Appendix D also contains DOT's 10-year review plan for all of its
existing regulations.
The Research and Special Programs Administration (RSPA, we) has
divided its Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)
into 10 groups by subject area. Each group will be reviewed once every
10 years, undergoing a two-stage process--an Analysis Year and Section
610 Review Year. For purposes of the review announced in this notice,
the Analysis year began in December 2004, coincident with the fall 2004
publication of the Semiannual Regulatory Agenda, and will conclude in
the fall of 2005.
During the Analysis Year, we will analyze each of the rules in a
given year's group to determine whether any rule has a significant
impact on a substantial number of small entities and, thus, requires
review in accordance with section 610 of the Regulatory Flexibility
Act. In each fall's Regulatory Agenda, we will publish the results of
the analyses we completed during the previous year. For rules that have
a negative finding, we will provide a short explanation. For parts,
subparts, or other discrete sections of rules that do have a
significant impact on a substantial number of small entities, we will
announce that we will be conducting a formal section 610 review during
the following 12 months.
The section 610 review will determine whether a specific rule
should be revised or revoked to lessen its impact on small entities. We
will consider: (1) The continued need for the rule; (2) the nature of
complaints or comments received from the public; (3) the complexity of
the rule; (4) the extent to which the rule overlaps, duplicates, or
conflicts with other federal rules or with state or local government
rules; and (5) the length of time since the rule has been evaluated or
the degree to which technology, economic conditions, or other factors
have changed in the area affected by the rule. At the end of the Review
Year, we will publish the results of our review.
The following table shows the 10-year analysis and review schedule:
RSPA Section 610 Review Plan 1999-2009
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Analysis
Title Regulation year Review year
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Incident reports............. Sec. Sec. 1998 N/A
171.15 and
171.16.
Hazmat safety procedures..... Parts 106 and 1999 N/A
107.
General Information, Part 171.
Regulations, and Definitions.
Carriage by Rail and Highway. Parts 174 and 2000 N/A
177.
Carriage by Vessel........... Part 176....... 2001 N/A
Radioactive Materials........ Parts 172, 173, 2002 N/A
174, 175, 176,
177, 178.
Explosives................... Parts 172, 173, 2003 N/A
174, 176, 177.
Cylinders.................... Parts 172, 173,
174, 176, 177,
178, 180.
Shippers--General Part 173....... 2004 2005
Requirements for Shipments
and Packagings.
Specifications for Non-bulk Part 178....... 2005 2006
Packagings.
Training and planning grants. Part 110.......
Specifications for Bulk Parts 178, 179, 2006 2007
Packagings. 180.
Hazardous Materials Table, Part 172....... 2007 2008
Special Provisions,
Hazardous Materials
Communications, Emergency
Response Information, and
Training Requirements.
Carriage by Aircraft......... Part 175.
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[[Page 7672]]
C. Regulations Under Analysis
During Year 6 (2004-2005), the Analysis Year, we will conduct a
preliminary assessment of the rules in 49 CFR Part 173 applicable to
general shipment and packaging requirements for shippers. The review
will include the following subparts:
Part 173
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Subpart Title
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Subpart A........................... General.
Subpart B........................... Preparation of Hazardous Materials
for Transportation.
Subpart D........................... Definitions, Classification,
Packing Group Assignments and
Exceptions for Hazardous
Materials Other Than Class 1 and
Class 7.
Subpart E........................... Non-bulk Packaging for Hazardous
Materials Other Than Class 1 and
Class 7.
Subpart F........................... Bulk Packaging for Hazardous
Materials Other Than Class 1 and
Class 7.
Subpart G........................... Gases; Preparation and Packaging.
Subpart I........................... Class 7 (Radioactive) Materials.
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We are seeking comments on whether any requirements for shippers in
Part 173 have a significant impact on a substantial number of small
entities. ``Small entities'' include 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. If your business or organization is a small
entity and if any of the transportation requirements applicable to
shippers in Part 173 has a significant economic impact on your business
or organization, please submit a comment explaining how and to what
degree these rules affect you, the extent of the economic impact on
your business or organization, and why you believe the economic impact
is significant.
II. Plain Language
A. Background and Purpose
Plain language helps readers find requirements quickly and
understand them easily. Examples of plain language techniques include:
(1) Undesignated center headings to cluster related sections within
subparts.
(2) Short words, sentences, paragraphs, and sections to speed up
reading and enhance understanding.
(3) Sections as questions and answers to provide focus.
(4) Personal pronouns to reduce passive voice and draw readers into
the writing.
(5) Tables to display complex information in a simple, easy-to-read
format.
For an example of a rule drafted in plain language, you can refer
to RSPA's final rule entitled ``Revised and Clarified Hazardous
Materials Safety Rulemaking and Program Procedures,'' which was
published June 25, 2002 (67 FR 42948). This final rule revised and
clarified the hazardous materials safety rulemaking and program
procedures by rewriting 49 CFR Part 106 and Subpart A of Part 107 in
plain language and creating a new part 105 that contains definitions
and general procedures.
B. Review Schedule
In conjunction with our section 610 reviews, we will be performing
plain language reviews of the HMR over a 10-year period on a schedule
consistent with the section 610 review schedule. Thus, our review of
requirements in Part 173 applicable to general shipment and packaging
requirements for shippers will also include a plain language review to
determine if the regulations can be reorganized and/or rewritten to
make them easier to read, understand, and use. We encourage interested
persons to submit draft regulatory language that clearly and simply
communicates regulatory requirements, and other recommendations, such
as putting information in tables or consolidating regulatory
requirements, that may make the regulations easier to use.
Issued in Washington, DC on February 9, 2005 under authority
delegated in 49 CFR Part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety, Research and
Special Programs Administration.
[FR Doc. 05-2873 Filed 2-14-05; 8:45 am]
BILLING CODE 4910-60-P