Proposed Rules. Notice of regulatory review; request for comments

Agency: Research and Special Programs Administration (RSPA), DOT
Action: Notice of regulatory review; request for comments
Citation: FR Doc. 02-1862 · Docket No. RSPA-2002-11270; Notice No. 02-3 · 49 CFR 176

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 on Carriage by Vessel to identify rules 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 April 25, 2002.

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 The purpose of the review is to determine whether such rules should be continued without change, amended, or rescinded, consistent with the objectives of applicable statutes, to minimize any significant economic impact of the rules on a substantial number of such small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 3, 2001, listing in Appendix D (66 FR 61900) 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 these reviews, a year will coincide with the fall-to-fall publication schedule of the Semiannual Regulatory Agenda. Thus, Year 1 began in the fall of 1998 and ended in the fall of 1999; Year 2 began in the fall of 1999 and ended in the fall of 2000; and so on. 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 Title Regulation Analysis year Review year Incident reports §§ 171.15 and 171.16 1998 N/A Hazmat safety procedures General Information, Regulations, and Definitions Parts 106 and 107 Part 171 1999 N/A Carriage by Rail and Highway Parts 174 and 177 2000 2001 Carriage by Vessel Part 176 2001 2002 Radioactive Materials Parts 172, 173, 174, 175, 176, 177, 178 2002 2003 Explosives Cylinders Parts 172, 173, 174, 176, 178 Parts 172, 173, 178, 180 2003 2004 Shippers—General Requirements for Shipments and Packagings Part 173 2004 2005 Specifications for Non-bulk Packagings Part 178 2005 2006 Specifications for Bulk Packagings Parts 178, 179, 180 2006 2007 Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements Part 172 2007 2008 Carriage by Aircraft Part 175. C. Regulations Under Analysis During Year 4 (2001-2002), the Analysis Year, we will conduct a preliminary assessment of the rules in 49 CFR Part 176, Carriage by Vessel. It includes the following subparts: Subpart Title Subpart A General. Subpart B General Operating Requirements. Subpart C General Handling and Stowage. Subpart D General Segregation Requirements. Subpart E Special Requirements for Transport Vehicles Loaded with Hazardous Materials and Transported on Board Ferry Vessels. Subpart F Special Requirements for Barges. Subpart G Detailed Requirements for Class 1 (Explosive) Materials. Subpart H Detailed Requirements for Class 2 (Compressed Gas) Materials. Subpart I Detailed Requirements for Class 3 (Flammable) and Combustible Liquid Materials. Subpart J Detailed Requirements for Class 4 (Flammable Solid), Class 5 (Oxidizers and Organic Peroxides), and Division 1.5 (Blasting Agents) Materials. Subpart L Detailed Requirements for Division 2.3 (Poisonous Gas) and Division 6.1 (Poisonous) Materials. Subpart M Detailed Requirements for Radioactive Materials. Subpart N Detailed Requirements for Class 8 (Corrosive) Materials. Subpart O Detailed Requirements for Cotton and Vegetable Fibers, Motor Vehicles, and Asbestos. We are seeking comments on whether any requirements in part 176 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 requirements in part 176 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 notice of proposed rulemaking entitled “Revised and Clarified Hazardous Materials Safety Rulemaking and Program Procedures,” which was published December 11, 1998 (63 FR 68624). This NPRM proposed to rewrite 49 CFR part 106 and subpart A of part 107 in plain language and to create a new part 105 that would contain definitions and general procedures. We are currently evaluating comments received in response to the NPRM. B. Review Schedule In conjunction with our section 610 reviews, we will be performing plain language reviews of the HMR over a ten-year period on a schedule consistent with the section 610 review schedule. Thus, our review of part 176 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 for putting information in tables or consolidating regulatory requirements, that may make the regulations easier to use. Issued in Washington, DC, on January 18, 2002 under authority delegated in 49 CFR part 106. Robert A. McGuire, Associate Administrator for Hazardous Materials Safety, Research and Special Programs Administration. [FR Doc. 02-1862 Filed 1-24-02; 8:45 am]