Transportation of Hazardous Materials Regulations; Technical Amendment

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 397

RIN 2125-AD90

Transportation of Hazardous Materials Regulations; Technical

Amendment

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: This document makes a technical amendment to correct the

authority citation for 49 CFR part 397. A citation which was

erroneously deleted will be reinserted, and other specific references

will be added to update this authority citation.

EFFECTIVE DATE: May 7, 1996.

FOR FURTHER INFORMATION CONTACT: Mr. Nathan C. Root, Office of Motor

Carrier Research and Standards, (202) 366-4009 or Raymond W. Cuprill,

Office of Chief Counsel, (202) 366-0834. Office hours are from 7:45

a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal

holidays.

SUPPLEMENTARY INFORMATION:

Background

In 1988, in the course of making other changes to part 397, the

Federal Highway Administration (FHWA) inadvertently eliminated from the

authority citation the reference to section 204 of the Interstate

Commerce Act, as amended (formerly found at 49 U.S.C. 304). The FHWA

did not intend to eliminate this reference, and with this rulemaking,

the FHWA is simply reinserting into the authority citation this

reference (now codified at 49 U.S.C. 31502). The FHWA is also adding to

the authority a reference to 49 U.S.C. 31136 (formerly section 206 of

the Motor Carrier Safety Act of 1984). This citation refers to the

authority of the Secretary of Transportation to prescribe regulations

on commercial motor vehicle safety. In addition, the FHWA is amending

in the authority section the current reference to 49 U.S.C. 5101 et

seq. in order to reflect the specific sections of the law--49 U.S.C.

5112 and 5125--that provide the authority for the regulations found in

subparts C through E of 49 CFR part 397.

Rulemaking Analyses and Notices

This final rule simply revises the authority citation for the

FHWA's Transportation of Hazardous Materials regulations to remove an

incorrect reference and to insert several references, one of which was

used previously but was then erroneously removed. Thus, the FHWA

believes that prior notice and opportunity for comment are unnecessary

under 5 U.S.C. 553(b)(3)(B). Similarly, due to the editorial nature of

this final rule, the FHWA has determined that prior notice and

opportunity for comment are not required under the Department of

Transportation's regulatory policies and procedures. It is not

anticipated that provision of a comment period would result in the

receipt of useful information. In this final rule, the FHWA is not

exercising discretion in a way that could be meaningfully affected by

public comment.

In addition, the FHWA finds that good cause exists to dispense with

the 30-day delay in the effective date required by 5 U.S.C. 553(d) due

to the minor and technical nature of these amendments. Thus, the FHWA

is proceeding directly with a final rule which will be effective on its

date of publication.

Executive Order 12866 (Regulatory Planning and Review) and DOT

Regulatory Policies and Procedures

Because this rule simply makes minor, technical corrections to the

authority citation for 49 CFR part 397, this rulemaking is not likely

to have an annual effect on the economy of $100 million or more. It is

also not expected to cause an adverse effect on any sector of the

economy. In addition, no serious inconsistency or interference with

another agency's actions or plans will result. Thus, the FHWA has

determined that this action is not a significant regulatory action

under Executive Order 12866. Neither is it a significant rulemaking

under the Department of Transportation's regulatory policies and

procedures because it also does not concern a matter about which there

is substantial public interest or controversy; it will not have a

substantial effect on State and local governments or raise a major

transportation safety problem; in addition, it will not initiate a

substantial regulatory program or change in policy. Therefore, a full

regulatory evaluation is not warranted.

Regulatory Flexibility Act

In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-

612), the FHWA has evaluated the effects of this rule on small

entities. Based upon this evaluation, the FHWA certifies that this

final rule will not have a significant economic impact on a substantial

number of small entities.

Executive Order 12612 (Federalism Assessment)

The FHWA has reviewed this action to ensure its compliance with the

principles and criteria contained in Executive Order 12612, and it has

been determined that this rulemaking does not raise sufficient

federalism issues to warrant the preparation of a separate Federalism

Assessment. This final rule will not preempt any State law or State

regulation, and no additional costs or burdens will be imposed on the

States. In addition, this rule will have no effect on the States'

ability to discharge traditional State governmental functions.

Executive Order 12372 (Intergovernmental Review)

Catalog of Federal Domestic Assistance Number 20.217, Motor Carrier

Safety. The regulations implementing Executive Order 12372 regarding

intergovernmental consultation on Federal programs and activities do

not apply to this program.

Paperwork Reduction Act

This action does not contain a collection of information

requirement for the purposes of the Paperwork Reduction Act of 1995, 44

U.S.C. 3501-3520.

National Environmental Policy Act

The agency has reviewed this action to ensure compliance with the

National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has

determined that this action will have no effect on the quality of the

environment. Thus, an environmental impact statement is not required.

Regulation Identification Number

A regulation identification 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 contained in the heading of

this document can be used to cross reference this action with the

Unified Agenda.

List of Subjects in 49 CFR Part 397

Hazardous materials transportation, Highway safety, Highways and

roads, Motor carriers, Motor vehicle safety.

[[Page 20497]]

Issued on: April 29, 1996.

Rodney E. Slater,

Federal Highway Administrator.

The FHWA hereby amends 49 CFR part 397 by revising the authority

citation to read as follows:

PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND

PARKING RULES--[AMENDED]

Authority: 49 U.S.C. 322; 49 CFR 1.48. Subpart A also issued

under 49 U.S.C. 31136, 31502. Subparts C, D, and E also issued under

49 U.S.C. 5112, 5125.

[FR Doc. 96-11373 Filed 5-6-96; 8:45 am]

BILLING CODE 4910-22-P