Revised and Clarified Hazardous Materials Safety Rulemaking and Program Procedures

SUMMARY: In response to President Clinton's mandate to Federal agencies

to make communications with the public more understandable, RSPA is

issuing this NPRM in which it proposes to revise and clarify the

hazardous materials safety rulemaking and program procedures by:

Putting them into plain language and making minor

substantive changes.

Creating a new part that will contain all defined terms

used in RSPA's procedural regulations.

Demonstrating clearer Federal Register and Code of Federal

Regulations (CFR) formats.

DATES: Send your comments on or before February 9, 1999.

ADDRESSES: Address your comments to the Docket Management System, U.S.

Department of Transportation, Room PL 401, 400 Seventh Street, SW,

Washington, DC 20590-0001. You must identify the docket number RSPA-98-

3974 at the beginning of your comments, and you should submit two

copies of your comments. If you wish to receive confirmation that RSPA

has received your comments, include a self-addressed, stamped postcard.

You may also submit comments by e-mail to [email protected].

You may review public dockets containing comments to these proposed

regulations in the Dockets Office between 9:00 a.m. and 5:00 p.m.,

Monday through Friday, except Federal holidays. The Dockets Office is

on the plaza level of the Nassif Building at the Department of

Transportation at the above address. Also, you may review public

dockets on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Karin Christian, Office of the Chief

Counsel, (202) 366-4400, Research and Special Programs Administration.

SUPPLEMENTARY INFORMATION:

1. Proposed Substantive Changes

RSPA (``we'') proposes to revise all of parts 106 and 107, and to

create a new part 105 that will eventually contain all definitions for

terms used in Title 49, parts 106, 107 and 110, and perhaps parts 130

and 171 through 180. The proposed revisions respond to President

Clinton's June 1, 1998 Executive Memorandum directing Federal agencies

to make communications with the public more understandable. We propose

to clarify existing requirements and make minor substantive changes

which are explained in the following paragraphs. We will revise the

remainder of subchapter A into plain language in a future rulemaking.

Part 105

We propose to create a new part 105 that will tell you how to

obtain information from us about our procedural regulations and the

Hazardous Materials Regulations (HMR). It will also explain subpoenas

and service of documents. We also have revised mailing addresses

throughout parts 105 and 106 to ensure that documents you send us reach

the appropriate RSPA office in a timely manner.

Also, proposed part 105 would eventually contain all definitions

that are now in various places throughout subchapter A and may

eventually include the definitions now found throughout subchapters B

and C. This change would let you go to a single location for all

defined terms. Part 105 would also include some definitions found in

section 5102 of Federal hazardous material transportation law, 49

U.S.C. 5101 et seq, that apply to terms used in the Hazardous Materials

Regulations but do not appear in the regulations themselves. As a

result of the present deficiency, you must refer to the statute to

determine what particular words in the regulations mean.

At this time, proposed part 105 contains a limited number of

definitions that have been rewritten into plain language. Many of these

terms are also defined in 49 CFR parts 107 and 171. Consequently, the

same term may be defined with different language in part 105 on the one

hand and parts 107 and 171 on the other. Nevertheless, the plain

language definitions in proposed part 105 are intended to have the same

meaning as those in parts 107 and 171; we did not intend to make any

substantive changes when we rewrote the proposed part 105 definitions

into plain language.

Part 106

Proposed Sec. 106.5 contains new information on our rulemaking

process. Specifically, it states that we use informal rulemaking

procedures under the Administrative Procedure Act. Furthermore, this

section sets out the types of rulemaking documents we normally use to

propose and adopt changes to our regulations.

Section 106.15 describes an advance notice of proposed rulemaking.

Section 106.20 describes a notice of proposed rulemaking.

Section 106.30 describes a final rule.

Section 106.35 describes an interim final rule.

Section 106.40 describes a direct final rule.

Section 106.70 proposes to allow commenters to electronically file

their comments in a rulemaking proceeding. It also would allow us to

reject paper and electronic comments that are frivolous, abusive, or

repetitious.

Sections 106.80 through 106.95 talk about ``public meetings''

rather than ``informal hearings.'' We are proposing this language

change to more accurately reflect the nature of these public,

information-gathering sessions.

Sections 106.115 through 106.140 propose to eliminate the current

petition-for- reconsideration procedures in Sec. 106.35 and

Sec. 106.38. Current Sec. 106.35 requires that you file a petition for

reconsideration of a rule with either RSPA's Associate Administrator

for Hazardous Materials Safety or RSPA's Chief Counsel, depending on

the subject matter of the regulation you are challenging. Current

Sec. 106.38 then allows you to appeal the decision of the Associate

Administrator or the Chief Counsel by filing an appeal with RSPA's

Administrator.

Only the Administrator has the authority, delegated from the

Secretary of Transportation, to grant a petition for reconsideration

that results in a new final rule. Therefore, petitions for

reconsideration and appeals are currently processed through the

Administrator. The proposed regulatory change avoids duplicative appeal

procedures by limiting the process to action by the Administrator only.

Part 107

The substance of the procedural regulations in part 107, subpart A,

has been captured in proposed parts 105 and 106. Consequently, with the

exception of Sec. 107.1--which would contain the definitions now found

in

[[Page 68625]]

Sec. 107.3--we propose to remove the regulations currently contained in

Part 107 subpart A.

2. Clearer Federal Register and CFR Formats

Plain language helps readers find requirements quickly and

understand them easily. To do that, we have reorganized and reworded

the parts using plain-language techniques not usually found in the

Federal Register and CFR, such as these:

Undesignated center headings cluster related sections

within subparts.

Short sections, paragraphs, sentences, and words speed up

reading and enhance understanding.

Sections as questions and answers focus sections better

and combine to establish a rule.

Personal pronouns reduce passive voice and draw readers

into the writing.

Tables display complex information in a simple, easy-to-

read format.

In coordination with the Office of the Federal Register (OFR) and

the National Partnership for Reinventing Government (NPR), RSPA is

proposing changes in format that would make all regulations easier to

read. The changes respond to the call in President Clinton's Executive

Memorandum of June 1, 1998, for writing that uses ``easy-to-read design

features.'' RSPA intends to use these and other plain language

techniques, as appropriate, in future rulemaking projects if the OFR

approves them for general use. The public and all agencies are invited

to comment on the proposed changes.

Staggering Paragraph Levels

OFR strongly recommends that agencies never use more than three

levels of paragraphs (for example (a)(1)(i)), but distinguishing one

level from another is hard because all paragraphs in the CFR start at

the same distance from the left margin. To make relative importance

stand out, we have drafted this proposed rule using the following

format features:

Different paragraph levels start in different places. You

see the limit of three levels and proposed staggered indentations at

Sec. 106.45. Indenting first lines of three levels of paragraphs has

virtually no effect on the length of the text.

Main paragraphs start at the margin. This change would

show that main paragraphs (those without numbers or letters) are at the

highest level. See the first sentence in Sec. 106.45.

Spacing Between Paragraphs

The dense formats of the Federal Register and CFR save on pages but

hinder reading. Though section headings are framed by blank lines above

and below them, there is no such relief to the fine print within a

section, where users do their closest reading. To make navigation

faster and easier, at least one commercial publisher of the Federal

Acquisition Regulations has adopted two techniques that RSPA proposes

here:

Blank half lines separate paragraphs. The visual relief

helps readers move around and spot things fast. Using this proposed

rule document as an example, blank half lines add about one-half page

in 10 (or an increase of about 5 percent). Agencies may be able to

offset this space increase and resulting increases in publication costs

by taking advantage of some economies of plain language.

All new paragraphs start on new lines. Most paragraphs do

start on new lines now, with this exception: when a paragraph consists

of just a heading, the next paragraph starts beside it. The compression

creates an occasional inconsistency that complicates reading. Imagine

Sec. 106.40(d)(1) starting next to ``Withdrawing a direct final rule.''

The proposed change makes the placement of section designations

entirely consistent. It lets readers devote more of their limited time

to understanding the substance and less to compensating for the

format's irregularities.

RSPA, OFR and NPR are interested in your views on the need for

format changes in the Federal Register and CFR. Changes can be

implemented over time, as new regulatory documents are published, but

where? In the Federal Register alone? In the CFR as well? Within the

Federal Register, should blank half lines between paragraphs be added

to regulatory text alone or to preambles as well?

Identifying Defined Terms

RSPA proposes to list, at the beginning of each subpart, the

defined terms that are used within the subpart and to refer the reader

to the new part 105 definitions. This way, readers will know that RSPA

has given a term a precise meaning and will know where to find it. This

proposal leaves certain practices unchanged. In a definitions section,

writers would still underline a term on its first appearance and OFR

would still italicize the defined term. In such a section, writers

would still have the option of ending a definition with a cross-

reference to the term's first substantive use. Similarly, writers would

still have the option of following the first substantive use of a

defined term with a cross-reference back to the section that defines

it.

Clarifying Table Format

This proposal illustrates the use of horizontal lines and plain

language in a table format, and adopts other standard features of table

design. For an example, see the table in Sec. 106.110.

Tables use horizontal lines. This is common practice in

newspapers and magazines (stock market tables are an example). But

tables in the Federal Register and CFR often have vertical lines

between columns, separating closely related matter and blocking normal

left-to-right reading. Under this proposal, if-then tables would appear

with horizontal lines between rows and no vertical lines anywhere.

Column widths vary. Currently, columns may be too wide or

too narrow for the amount of text. This proposal would have column

widths adjusted to fit the text in them.

Column headings start at left margins. Currently, column

headings which are centered do not contribute to the clean left margin

that substitutes for a vertical line.

Column headings appear in boldface. In plain text now,

they do not stand out as they might. Agencies would continue to have

the option of submitting tables in camera-ready form.

Tables use text font. In the past, tables and text have

appeared in different fonts, a visual inconsistency we propose to

eliminate.

Centering Headings in the Federal Register

After clustering related sections into subparts, writers currently

have the option of clustering them further under center headings. They

draft these headings in initial caps, without number or letter

designations, in both the text and tables of contents. You see the

organizing power of center headings throughout parts 105 and 106.

Currently, undesignated center headings appear as intended in the

CFR but not in the Federal Register. In the latter, center headings

appear at the left margin and look like section headings without

section numbers. The effect is confusing, especially for first-time

readers. The proposed change would improve the placement and look of

undesignated center headings in the Federal Register by making them

appear centered as they do in the CFR.

[[Page 68626]]

Using Bulleted Lists in Preamble Summaries

Currently, preamble summaries appear in running text only. But the

information required there--what the rule does, why it is necessary,

and the intended effect--lends itself to vertical listing with bullets.

(See this preamble's summary.)

3. Regulatory Analysis and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

This rule is not considered a significant regulatory action under

section 3(f) of Executive Order 12866. Consequently, it was not

reviewed by the Office of Management and Budget. RSPA will not prepare

a regulatory impact analysis or a regulatory evaluation because this

proposed rule has minimal economic impact. This determination may

change as a result of public comment. This proposed rule is not

significant according to the Regulatory Policies and Procedures of the

Department of Transportation (44 FR 11034; February 26, 1979).

Executive Order 12612

RSPA has analyzed this proposed rule in accordance with the

principles and criteria in Executive Order 12612 (``Federalism''). RSPA

has determined that this proposed rule does not have sufficient

Federalism impacts to warrant the preparation of a federalism

assessment.

Executive Order 13084

We do not believe that the revised regulations evolving from this

NPRM will significantly or uniquely affect the communities of Indian

tribal governments when analyzed under the principles and criteria

contained in Executive Order 13084 (``Consultation and Coordination

with Indian Tribal Governments''). 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 proposed rule clarifies and revises RSPA's general procedures and

rulemaking procedures to assist the public to better understand our

procedures. 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 proposed rule does not propose any new information

collection requirements.

Regulation Identifier Number (RIN)

The Department of Transportation assigns a regulation identifier

number (RIN) 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. You may

use the RIN contained in the heading of this document 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 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 objectives 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 propose business process changes or require

modifications to computer systems. Because this NPRM apparently 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

49 CFR Part 105

Administrative practice and procedure, Hazardous materials

transportation.

49 CFR Part 106

Administrative practice and procedure, Hazardous materials

transportation, Packaging and containers, Penalties, Reporting and

recordkeeping requirements.

49 CFR Part 107

Administrative practice and procedure, Hazardous materials

transportation, Penalties, Reporting and recordkeeping requirements.

Accordingly, RSPA proposes to amend 49 CFR chapter I, subchapter A,

as follows:

1. Add part 105 to read as follows:

PART 105--HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL

PROCEDURES

Subpart A--Definitions

Sec.

105.5 How does RSPA identify defined terms?

105.10 How does RSPA define the terms used in this subchapter?

Subpart B--General Procedures

105.15 Which defined terms are used in this subpart?

Obtaining Guidance and Public Information

105.20 Where can I get guidance and interpretations?

105.25 Where can I review public documents on file with RSPA?

105.30 Is information I submit to RSPA made available to the public?

Serving Documents

105.35 How may RSPA and others serve documents in RSPA proceedings?

105.40 How do I designate an agent to receive documents on my behalf

if I am not a United States resident?

Subpoenas

105.45 What is involved in issuing a subpoena?

105.50 How are subpoenas served?

105.55 What if I do not want to obey a subpoena?

Authority: 49 U.S.C. 5101-5127.

Subpart A--Definitions

Sec. 105.5 How does RSPA identify defined terms?

This part contains the definitions for certain words and phrases used

throughout this subchapter (49 CFR parts 105 through 110). At the

beginning of each subpart, the Research and Special Programs

Administration (``RSPA'' or ``we'') will identify the

[[Page 68627]]

defined terms that are used within the subpart -- by listing them --

and refer the reader to the definitions in this part. This way, readers

will know that RSPA has given a term a precise meaning and will know

where to look for it.

Sec. 105.10 How does RSPA define the terms used in this subchapter?

Terms used in this subchapter are defined as follows:

Approval means written consent, including a competent authority

approval, from the Associate Administrator for Hazardous Materials

Safety to perform a function that requires prior consent under

subchapter C of this chapter (49 CFR parts 171 through 180).

Competent Authority means a national agency that is responsible,

under its national law, for the control or regulation of some aspect of

hazardous materials (dangerous goods) transportation. Another term for

competent authority is ``appropriate authority'' which is used in the

International Civil Aviation Organization's (ICAO) Technical

Instructions for the Safe Transport of Dangerous Goods by Air. The

Associate Administrator for Hazardous Materials Safety is the United

States Competent Authority for purposes of 49 CFR part 107.

Competent Authority Approval means an approval by the competent

authority that is required under an international standard (for

example, the ICAO Technical Instructions for the Safe Transport of

Dangerous Goods by Air and the International Maritime Dangerous Goods

Code). Any of the following may be considered a competent authority

approval if it satisfies the requirement of an international standard:

(1) A specific regulation in subchapter A or C of this chapter.

(2) An exemption or approval issued under subchapter A or C of

this chapter.

(3) A separate document issued to one or more persons by the

Associate Administrator for Hazardous Materials Safety.

Exemption means a document issued by RSPA under the authority of 49

U.S.C. 5117. The document permits a person to perform a function that

is not otherwise permitted under subchapter A or C of this chapter, or

other regulations issued under 49 U.S.C. 5101 through 5127 (e.g.,

Federal Highway Administration routing rules at 49 CFR part 397).

Federal hazardous material transportation law and Federal hazmat

law mean 49 U.S.C. 5101 through 5127.

File or Filed means received by the appropriate RSPA or other

designated office within the time specified in a regulation or

rulemaking document.

Hazardous material means a substance or material that the Secretary

of Transportation determines is capable of posing an unreasonable risk

to health, safety, and property when transported in commerce, and

designates as hazardous under section 5103 of Federal hazardous

materials transportation law (49 U.S.C. 5103). The term includes

hazardous substances, hazardous wastes, marine pollutants, elevated

temperature materials, materials designated as hazardous in the

Hazardous Materials Table (see 49 CFR 172.101), and materials that meet

the defining criteria for hazard classes and divisions in part 173 of

subchapter C of this chapter.

Hazardous materials regulations or HMR means the regulations at 49

CFR parts 171 through 180.

Indian tribe has the same meaning as it does under section 4 of the

Indian Self-Determination and Education Act (25 U.S.C. 450b).

Person means an individual, firm, copartnership, corporation,

company, association, or joint- stock association (including any

trustee, receiver, assignee, or similar representative); or a

government or Indian tribe (or an agency or instrumentality of any

government or Indian tribe) when it offers hazardous materials for

transportation in commerce or transports hazardous materials to further

a commercial enterprise. Person excludes the following:

(1) The United States Postal Service.

(2) Any agency or instrumentality of the Federal government, for

the purposes of 49 U.S.C. 5123 (civil penalties) and 5124 (criminal

penalties).

Political subdivision includes a municipality; a public agency or

other instrumentality of one or more States, municipalities, or other

political body of a State; or a public corporation, board, or

commission established under the laws of one or more States.

Preemption determination means an administrative decision by RSPA

that Federal hazardous materials law does or does not void a specific

State, political subdivision, or Indian tribe requirement.

Regulations issued under Federal hazmat law means regulations

contained in this subchapter (49 CFR parts 105 through 110) and in

subchapter C of this chapter (49 CFR parts 171 through 180).

State means:

(1) Any of the 50 United States, the District of Columbia, the

Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana

Islands, the U.S. Virgin Islands, American Samoa, Guam, or any other

territory or possession of the United States designated by the

Secretary of Transportation.

(2) As used in 49 U.S.C. 5119 (uniformity of State registration

and permitting forms and procedures), a State of the United States or

the District of Columbia.

Transports or Transportation means movement of property, and any

loading, unloading, or storage incidental to that movement.

Waiver of Preemption means a decision by RSPA to forego preemption

of a non-Federal requirement (that is, to allow a State, political

subdivision or Indian tribe requirement to remain in effect) that

provides at least as much public protection as Federal hazmat law and

the regulations issued under Federal hazmat law, and does not

unreasonably burden commerce.

Subpart B--General Procedures

Sec. 105.15 Which defined terms are used in this subpart?

The following defined terms (see subpart A of this part) appear in this

subpart: Approval; Exemption; Federal hazardous materials law;

Hazardous materials; Hazardous materials regulations; Indian tribe;

Preemption determination; State; Transportation; Waiver of preemption.

Obtaining Guidance and Public Information

Sec. 105.20 Where can I get guidance and interpretations?

(a) Hazardous materials regulations. You can get information and

answers to your questions on compliance with the hazardous materials

regulations (49 CFR parts 171 through 180) and interpretations of those

regulations by contacting RSPA's Office of Hazardous Materials Safety

as follows:

(1) Call the hazardous materials information line at 1-800-467-

4922 (in the Washington, DC area call 202-366-4488). The line is

staffed from 9:00 a.m. through 5:00 p.m. Eastern time, Monday through

Friday except Federal holidays.

[[Page 68628]]

After hours, you can leave a recorded message and your call will be

returned by the next business day.

(2) Access the Office of Hazardous Materials Safety's home page

via the Internet at http://hazmat.dot.gov.

(3) Send a letter, with your return address and a daytime

telephone number, to:

Guidance and Interpretations

Attn: DHM-333

RSPA/U.S. Department of Transportation (USDOT)

Washington, DC 20590-0001.

(b) Federal Hazmat law and preemption. You can get information and

answers to your questions on Federal hazardous materials transportation

law, 49 U.S.C. 5101 through 5127, and Federal preemption of State,

local, and Indian tribe hazardous material transportation requirements,

by contacting RSPA's Office of the Chief Counsel as follows:

(1) Call the office of the Chief Counsel at (202) 366-4400 from

9:00 a.m. to 5:00 p.m. Eastern time, Monday through Friday except

Federal holidays.

(2) Access the Office of the Chief Counsel's home page via the

Internet at http://rspa- atty.dot.gov.

(3) Send a letter, with your return address and a daytime

telephone number, to:

Office of the Chief Counsel

Attn: DCC-10

RSPA/USDOT

Washington, DC 20590-0001.

Sec. 105.25 Where can I review public documents on file with RSPA?

RSPA is required by statute to make certain documents and information

available to the public. You can review and copy publicly available

documents and information at the locations described in this section.

(a) DOT Docket Management System. Unless a particular document says

otherwise, the following documents are available for public review and

copying at the Department of Transportation's Docket Management System,

Room PL 401, 400 7th Street, SW, Washington, DC 20590-0001, or for

review and downloading through the Internet at http://dms.dot.gov:

(1) Rulemaking documents in proceedings started after February 1,

1997, including notices of proposed rulemaking, advance notices of

proposed rulemaking, public comments, related Federal Register notices,

final rules, appeals, and RSPA's decisions in response to appeals.

(2) Applications for exemption received by RSPA after February 1,

1997. Also available are supporting data, memoranda of any informal

meetings with applicants, related Federal Register notices, public

comments, and decisions granting or denying exemptions applications.

(3) Applications for preemption determinations and waiver of

preemption determinations received by RSPA after February 1, 1997. Also

available are public comments, Federal Register notices, and RSPA's

rulings, determinations, and orders issued in response to those

applications.

(b) Hazardous Materials Record Center. Unless a particular document

says otherwise, the following documents are available for public review

and copying at RSPA's Hazardous Materials Record Center, USDOT, room

8421, 400 7th Street, SW, Washington, DC 20590-0001:

(1) Rulemaking documents in proceedings started before February

1, 1997, including notices of proposed rulemaking, advance notices of

proposed rulemaking, public comments, related Federal Register notices,

final rules, appeals, and RSPA's decisions in response to appeals.

(2) Applications for exemption received by RSPA before February

1, 1997. Also available are supporting data, memoranda of any informal

meetings with applicants, related Federal Register notices, public

comments, and decisions granting or denying exemptions applications.

(3) Applications for preemption determinations and waiver of

preemption determinations received by RSPA before February 1, 1997.

Also available are public comments, Federal Register notices, and

RSPA's rulings, determinations, and orders issued in response to those

applications.

(4) Interpretations of RSPA's regulations.

(c) Office of Hazardous Materials Safety.

(1) Upon your written request, we will make the following

documents and information available to you:

(i) Appeals under 49 CFR part 107 and RSPA's decisions issued

in response to those appeals.

(ii) Records of compliance order proceedings and RSPA

compliance orders.

(iii) Applications for approval, including supporting data,

memoranda of any informal meetings with applicants, and decisions

granting or denying approvals applications.

(iv) Other information about RSPA's hazardous materials program

required by statute to be made available to the public for review and

copying and any other information RSPA decides should be available to

the public.

(2) Your written request to review documents should include the

following:

(i) A detailed description of the documents you wish to review.

(ii) Your name, address, and telephone number.

(3) Send your written request to:

Request to Review Documents

Attn: DHM-333

RSPA/USDOT

Washington, DC 20590-0001.

Sec. 105.30 Is information I submit to RSPA made available to the

public?

When you submit information to RSPA during a rulemaking proceeding, as

part of your application for exemption or approval, or for any other

reason, we may make that information publicly available unless you ask

that we keep the information confidential.

(a) Asking for confidential treatment. You may ask us to give

confidential treatment to information you give to the agency by taking

the following steps:

(1) Mark ``confidential'' on each page of the original document

you would like to keep confidential.

(2) Send us, along with the original document, a second copy of

the original document with the confidential information deleted.

(3) Explain why the information you are submitting is

confidential (for example, it is exempt from mandatory public

disclosure under the Freedom of Information Act, 5 U.S.C. 552; it is

information referred to in 18 U.S.C. 1905).

(b) RSPA Decision. RSPA will decide whether or not to treat your

information as confidential. We will notify you, in writing, of a

decision to grant or deny confidentiality at least five days before the

information is publicly disclosed, and give you an opportunity to

respond.

Serving Documents

Sec. 105.35 How may RSPA and others serve documents in RSPA

proceedings?

(a) Service by RSPA. We may serve the document by one of the

following methods, except where a different method of service is

specifically required:

[[Page 68629]]

(1) Registered or certified mail.

(i) If we serve a document by registered or certified mail, it

is considered served when mailed.

(ii) An official United States Postal Service receipt from the

registered or certified mailing is proof of service.

(iii) We may serve a person's authorized representative or

agent by registered or certified mail, or in any other manner

authorized by law. Service on a person's authorized agent is the same

as service on the person.

(2) Personal service.

(3) Publication in the Federal Register.

(b) Service by others. If you are required under this subchapter to

serve a person with a document, serve the document by one of the

following methods, except where a different method of service is

specifically required:

(1) Registered or certified mail.

(i) If you serve a document by registered or certified mail, it

is considered served when mailed.

(ii) An official United States Postal Service receipt from the

registered or certified mailing is proof of service.

(iii) You may serve a person's authorized representative or

agent by registered or certified mail, return receipt requested, or in

any other manner authorized by law. Service on a person's authorized

agent is the same as service on the person.

(2) Personal service.

(3) Electronic service.

(i) In a proceeding under Sec. 107.317 of this subchapter (an

administrative law judge proceeding), you may electronically serve

documents on us.

(ii) Serve documents electronically through the Internet at

http://dms.dot.gov.

Sec. 105.40 How do I designate an agent to receive documents on my

behalf if I am not a United States resident?

(a) General requirement. If you are not a resident of the United

States but are required by this subchapter or subchapter C of this

chapter to designate a permanent resident of the United States to act

as your agent and receive documents on your behalf, you must prepare a

designation and file it with us.

(b) Agents. An agent:

(1) May be an individual, a firm, or a domestic corporation.

(2) May represent any number of principals.

(3) May not reassign responsibilities under a designation to

another person.

(c) Preparing a designation. Your designation must be written and

dated, and it must contain the following information:

(1) The section in the HMR that requires you to file a

designation.

(2) A certification that the designation is in the correct legal

form required to make it valid and binding on you under the laws,

corporate bylaws, or other requirements that apply to designations at

the time and place you are making the designation.

(3) Your full legal name, the principal name of your business,

and your mailing address.

(4) A statement that your designation will remain in effect until

you withdraw or replace it.

(5) The legal name and mailing address of your agent.

(6) A declaration of acceptance signed by your agent.

(d) Address. Send your designation to:

Designation of Agent

Attn: DHM-333

RSPA/USDOT

Washington, D.C. 20590-0001.

(e) Designations are binding. You are bound by your designation of

an agent, even if you did not follow all the requirements in this

section, until we reject your designation.

Subpoenas

Sec. 105.45 What is involved in issuing a subpoena?

(a) Subpoenas explained. A subpoena is a document that may require

you to attend a hearing or produce documents or other physical evidence

in your possession or control. RSPA may issue a subpoena either on its

initiative or at the request of someone participating in a hearing.

Anyone who requests that RSPA issue a subpoena must show that the

subpoena seeks information that will materially advance the hearing.

(b) Attendance and mileage expenses.

(1) If you receive a subpoena to attend a hearing under this

part, you may receive money to cover attendance and mileage expenses.

The attendance and mileage fees will be the same as those paid to a

witness in a proceeding in the district courts of the United States.

(2) If RSPA issues a subpoena to you based upon a request, the

requester must serve a copy of the original subpoena on you, as

required in Sec. 105.50. The requester must also include attendance and

mileage fees with the subpoena unless they ask RSPA to pay the

attendance and mileage fees because of demonstrated financial hardship.

(3) If RSPA issues a subpoena at the request of an officer or

agency of the Federal government, the officer or agency is not required

to include attendance and mileage fees when serving the subpoena. The

officer or agency must pay the fees before you leave the hearing at

which you testify.

Sec. 105.50 How are subpoenas served?

(a) Personal service. Anyone who is not an interested party and who

is at least 18 years of age may serve you with a subpoena and fees by

handing the subpoena and fees to you, by leaving them at your office

with the individual in charge, or by leaving them at your house with

someone who lives there and is capable of making sure that you receive

them. If RSPA issues a subpoena to an entity, rather than an

individual, personal service is made by delivering the subpoena and

fees to the entity's registered agent for service of process or to any

officer, director or agent in charge of any of the entity's offices.

(b) Service by mail. You may be served with a copy of a subpoena

and fees by certified or registered mail at your last known address.

Service of a subpoena and fees may also be made by registered or

certified mail to your agent for service of process or any of your

representatives at that person's last known address.

(c) Other methods. You may be served with a copy of a subpoena by

any method where you receive actual notice of the subpoena and receive

the fees before leaving the hearing at which you testify.

(d) Filing after service. After service is complete, the individual

who served a copy of a subpoena and fees must file the original

subpoena and a certificate of service with the RSPA official who is

responsible for conducting the hearing.

Sec. 105.55 What if I do not want to obey a subpoena?

(a) Quashing or modifying a subpoena. If you receive a subpoena,

you can ask RSPA to overturn (``quash'') or modify the subpoena within

10 days after the subpoena is served on you. Your request must briefly

explain the reasons you are asking for the subpoena to be quashed or

modified. RSPA may then do the following:

[[Page 68630]]

(1) Deny your request.

(2) Quash or modify the subpoena.

(3) Grant your request on the condition that you satisfy certain

specified requirements.

(b) Failure to obey. If you disobey a subpoena, RSPA may ask the

Attorney General to seek help from the United States District Court for

the appropriate District to compel you, after notice, to appear before

RSPA and give testimony, produce subpoenaed documents, or produce

physical evidence.

2. Revise part 106 to read as follows:

PART 106--RULEMAKING PROCEDURES

Subpart A--RSPA Rulemaking Documents

Sec.

106.5 Which defined terms are used in this subpart?

106.10 How does RSPA issue rules?

106.15 What is an advance notice of proposed rulemaking?

106.20 What is a notice of proposed rulemaking?

106.25 May RSPA change its regulations without first issuing an

ANPRM or NPRM?

106.30 What is a final rule?

106.35 What is an interim final rule?

106.40 What is a direct final rule?

106.45 How can I track RSPA's rulemaking activities?

Subpart B--Participating in the Rulemaking Process.

106.50 Which defined terms are used in this subpart?

106.55 How may I participate in RSPA's rulemaking process?

Written Comments

106.60 Who may file comments?

106.65 What information must I put in my written comments?

106.70 Where and when do I file my comments?

106.75 May I ask for more time to file my comments?

Public Meetings and Other Proceedings

106.80 What takes place at a public meeting?

106.85 May I ask RSPA to hold a public meeting?

106.90 How will RSPA handle my request for a public meeting?

106.95 What other proceedings might I take part in?

Petitions for Rulemaking

106.100 May I ask RSPA to add, amend, or delete a regulation?

106.105 What information must I include in a petition for

rulemaking?

106.110 How will RSPA handle my petition for rulemaking?

Appeals

106.115 May I appeal an action that RSPA has taken?

106.120 What information must I put in my appeal?

106.125 What is the deadline for filing my appeal?

106.130 Where do I file my appeal?

106.135 Will the filing of my appeal keep a final rule from becoming

effective?

106.140 How will RSPA handle my appeal?

Authority: 49 U.S.C. 5101-5127.

Subpart A--RSPA Rulemaking Documents

Sec. 106.5 Which defined terms are used in this subpart?

The following defined terms (see part 105, subpart A, of this

subchapter) appear in this subpart: File; Person; State.

Sec. 106.10 How does RSPA issue rules?

(a) RSPA (``we'') uses informal rulemaking procedures under the

Administrative Procedure Act (5 U.S.C. 553) to add, amend, or delete

regulations. To propose or adopt changes to a regulation, RSPA may

issue one or more of the following documents. We publish the following

rulemaking documents in the Federal Register unless we name and

personally serve a copy of a rule on every person subject to it:

(1) An advance notice of proposed rulemaking.

(2) A notice of proposed rulemaking.

(3) A final rule.

(4) An interim final rule.

(5) A direct final rule.

(b) Each of the rulemaking documents in paragraph (a) of this

section generally contains the following information:

(1) The topic involved in the rulemaking document.

(2) RSPA's legal authority for issuing the rulemaking document.

(3) How interested persons may participate in the rulemaking

proceeding (for example, by filing written comments or making oral

presentations).

(4) Whom to call if you have questions about the rulemaking

document.

(5) The date, time, and place of any public meetings being held

to discuss the rulemaking document.

(6) The docket number and regulation identifier number (RIN) for

the rulemaking proceeding.

Sec. 106.15 What is an advance notice of proposed rulemaking?

An advance notice of proposed rulemaking (ANPRM) tells the public that

RSPA is considering an area for rulemaking and requests written

comments on the appropriate scope of the rulemaking or on specific

topics. An advance notice of proposed rulemaking may or may not include

the text of potential changes to a regulation.

Sec. 106.20 What is a notice of proposed rulemaking?

A notice of proposed rulemaking (NPRM) proposes RSPA's specific

regulatory changes for public comment and contains supporting

information. It generally includes proposed regulatory text.

Sec. 106.25 May RSPA change its regulations without first issuing an

ANPRM or NPRM?

RSPA may add, amend, or delete regulations without first issuing an

ANPRM or NPRM in the following situations:

(a) We may go directly to a final rule or interim final rule if,

for good cause, we find that a notice of proposed rulemaking is

impracticable, unnecessary, or contrary to the public interest. We must

place that finding and a brief statement of the reasons for it in the

final rule or interim final rule.

(b) We may issue a direct final rule (see Sec. 106.40).

Sec. 106.30 What is a final rule?

A final rule sets out new regulatory requirements and their effective

date. A final rule will also identify issues raised by commenters in

response to the notice of proposed rulemaking and give the agency's

response.

Sec. 106.35 What is an interim final rule?

An interim final rule sets out new regulatory requirements and their

effective date. RSPA may issue an interim final rule without first

issuing a notice of proposed rulemaking and accepting public comment if

it finds, for good cause, that notice and public procedure are

impracticable, unnecessary, or contrary to the public interest. RSPA

will clearly set out this finding in the interim final rule. After

receiving and reviewing public comments, as well as any other relevant

documents, RSPA may revise the interim final rule and issue it as a

final rule.

Sec. 106.40 What is a direct final rule?

A direct final rule makes regulatory changes and states that the

regulatory changes will take effect on a specified date unless RSPA

receives an adverse comment or notice of intent to file an adverse

comment within the comment period -- generally 60 days after the

[[Page 68631]]

direct final rule is published in the Federal Register.

(a) Actions taken by direct final rule. We may use direct final

rulemaking procedures to issue rules that do any of the following:

(1) Make minor substantive changes to regulations.

(2) Incorporate by reference the latest edition of technical or

industry standards.

(3) Extend compliance dates.

(4) Make noncontroversial changes to regulations. We must

determine and publish a finding that use of direct final rulemaking, in

this situation, is in the public interest and unlikely to result in

adverse comment.

(b) Adverse comment. An adverse comment explains why a rule would

be inappropriate, or would be ineffective or unacceptable without a

change. It may challenge the rule's underlying premise or approach.

Under the direct final rule process, we do not consider the following

types of comments to be adverse:

(1) A comment recommending another rule change, in addition to

the change in the direct final rule at issue, unless the commenter

states why the direct final rule would be ineffective without the

change.

(2) A frivolous or insubstantial comment.

(c) Confirmation of effective date. We will publish a confirmation

document in the Federal Register, generally within 15 days after the

comment period closes, if we have not received an adverse comment or

notice of intent to file an adverse comment. The confirmation document

tells the public the effective date of the rule--either the date stated

in the direct final rule or at least 30 days after the publication date

of the confirmation document, whichever is later.

(d) Withdrawing a direct final rule.

(1) If we receive an adverse comment or notice of intent to file

an adverse comment, we will publish a document in the Federal Register

before the effective date of the direct final rule advising the public

and withdrawing the direct final rule in whole or in part.

(2) If we withdraw a direct final rule because of an adverse

comment, we may incorporate the adverse comment into a later direct

final rule or may publish a notice of proposed rulemaking.

(e) Appeal. You may appeal RSPA's issuance of a direct final rule

(see Sec. 106.115) only if you have previously filed written comments

(see Sec. 106.60) to the direct final rule.

Sec. 106.45 How can I track RSPA's rulemaking activities?

The following identifying numbers allow you to track RSPA's rulemaking

activities:

(a) Docket number. We assign an identifying number, called a docket

number, to each rulemaking proceeding. Each rulemaking document that

RSPA issues in a particular rulemaking proceeding will display the same

docket number. This number allows you to do the following:

(1) Associate related documents that appear in the Federal

Register.

(2) Search the DOT Docket Management System (``DMS'') for

information on particular rulemaking proceedings -- including notices

of proposed rulemaking, public comments, petitions for rulemaking,

appeals, records of additional rulemaking proceedings and final rules.

There are two ways you can search the DMS:

(i) Visit the public docket room and review and copy any

docketed materials during regular business hours. The DOT Docket

Management System is located at the U.S. Department of Transportation,

plaza level 401, 400 7th Street, SW, Washington, DC 20590-0001.

(ii) View and download docketed materials through the Internet

at http://dms.dot.gov.

(b) Regulation identifier number. The Department of Transportation

publishes a semiannual agenda of all current and projected Department

of Transportation rulemakings, reviews of existing regulations, and

completed actions. This semiannual agenda appears in the Unified Agenda

of Federal Regulations which is published in the Federal Register in

April and October of each year. The semiannual agenda tells the public

about the Department's--including RSPA's --regulatory activities. The

Department assigns a regulation identifier number (RIN) to each

individual rulemaking proceeding in the semiannual agenda. This number

appears on all rulemaking documents published in the Federal Register

and makes it easy for you to track those rulemaking proceedings in both

the Federal Register and the semiannual regulatory agenda itself.

Subpart B--Participating in the Rulemaking Process

Sec. 106.50 Which defined terms are used in this subpart?

The following defined terms (see part 105, subpart A, of this

subchapter) appear in this subpart: File; Person; Political

subdivision; State.

Sec. 106.55 How may I participate in RSPA's rulemaking process?

You may participate in RSPA's rulemaking process by doing any of the

following:

(a) File written comments on any rulemaking document that asks for

comments, including an advance notice of proposed rulemaking, notice of

proposed rulemaking, interim final rule, or direct final rule.

(b) Ask that we hold a public meeting in any rulemaking proceeding,

and participate in any public meeting that we hold.

(c) File a petition for rulemaking that asks us to add, amend, or

delete a regulation.

(d) File an appeal that asks us to reexamine our decision to issue

all or part of a final rule, interim final rule, or direct final rule.

Written Comments

Sec. 106.60 Who may file comments?

Anyone may file written comments about proposals made in any rulemaking

document that requests public comments, including any State government

agency, any political subdivision of a State, and any interested person

invited by RSPA to participate in the rulemaking process.

Sec. 106.65 What information must I put in my written comments?

Your comments must be in English and must contain the following:

(a) The docket number of the rulemaking document you are commenting

on, clearly set out at the beginning of your comments.

(b) Information, views, or arguments that follow the instructions

for participation that appear in the rulemaking document on which you

are commenting.

(c) All material that is relevant to any statement of fact in your

comments.

(d) The document title and page number of any material that you

reference in your comments.

Sec. 106.70 Where and when do I file my comments?

(a) Unless you are told to do otherwise in the rulemaking document

[[Page 68632]]

on which you are commenting, send your comments to us in either of the

following ways:

(1) By mail to:

Docket Management System

USDOT

Room PL 401

Washington, DC 20590-0001.

(2) Through the Internet to http://dms.dot.gov.

(b) Make sure that your comments reach us by the deadline set out

in the rulemaking document on which you are commenting. We will

consider late-filed comments to the extent possible.

(c) We may reject your paper or electronic comments if they are

frivolous, abusive, or repetitious. We may reject comments you file

electronically if you do not follow the electronic filing instructions

at the DOT website.

Sec. 106.75 May I ask for more time to file my comments?

Yes. If RSPA grants your request, it is granted to all persons. We will

notify the public of the extension by publishing a document in the

Federal Register. If RSPA denies your request, RSPA will notify you of

the denial. To ask for more time, you must do the following:

(a) File a request for extension at least ten days before the end

of the comment period established in the rulemaking document.

(b) Show that you have good cause for the extension and that an

extension is in the public interest.

(c) Include the docket number of the rulemaking document you are

seeking additional time to comment on, clearly set out at the beginning

of your request.

(d) Send your request to:

Request for Extension

Attn: DHM-333

RSPA/USDOT

Washington, DC 20590-0001.

Public Meetings and Other Proceedings

Sec. 106.80 What takes place at a public meeting?

A public meeting is a nonadversarial, fact-finding proceeding conducted

by a RSPA representative. Generally, public meetings are announced in

the Federal Register. Interested persons are invited to attend and to

present their views to the agency on specific issues. There are no

formal pleadings and no adverse parties, and any regulation issued

afterward is not necessarily based exclusively on the record of the

meeting. Sections 556 and 557 of the Administrative Procedure Act (5

U.S.C. 556 and 557) do not apply to public meetings under this part.

Sec. 106.85 May I ask RSPA to hold a public meeting?

If a rulemaking document does not provide for a public meeting, you may

ask for one by filing a written request with RSPA no later than 20 days

before the expiration of the comment period specified in the rulemaking

document. Send your request for a public meeting to:

Request for Public Meeting

Attn: DHM-333

RSPA/USDOT

Washington, DC 20590-0001.

Sec. 106.90 How will RSPA handle my request for a public meeting?

RSPA will review your request and, if you have shown good cause for a

public meeting, will grant it and publish a notice of the meeting in

the Federal Register.

Sec. 106.95 What other proceedings might I take part in?

During a rulemaking proceeding, RSPA may invite you to do the

following:

(a) Participate in a conference at which minutes are taken.

(b) Make an oral presentation.

(c) Participate in any other public proceeding to ensure that RSPA

makes informed decisions during the rulemaking process and to protect

the public interest, including a negotiated rulemaking or work group

led by a facilitator.

Petitions for Rulemaking

Sec. 106.100 May I ask RSPA to add, amend, or delete a regulation?

You may ask RSPA to add, amend, or delete a regulation by filing a

petition for rulemaking as follows:

(a) For regulations in 49 CFR parts 110, 130, 171 through 180,

submit the petition to:

Petition for Rulemaking

Attn: DHM-333

RSPA/USDOT

Washington, DC 20590-0001.

(b) For regulations in 49 CFR parts 105, 106, or 107, submit the

petition to:

Office of the Chief Counsel

Attn: DCC-10

RSPA/USDOT

Washington, DC 20590-0001.

Sec. 106.105 What information must I include in a petition for

rulemaking?

(a) You must include the following information in your petition for

rulemaking:

(1) A summary of your proposed action and an explanation of its

purpose.

(2) The language you propose for a new or amended rule, or the

language you would delete from a current rule.

(3) An explanation of your interest in your proposed action and

the interest of anyone you may represent.

(4) Information and arguments that support your proposed action,

including relevant technical and scientific data available to you.

(5) Any specific cases that support or demonstrate the need for

your proposed action.

(b) If the impact of your proposed action is substantial, and data

or other information about that impact are available to you, we may ask

that you provide information about the following:

(1) The costs and benefits of your proposed action to society in

general, and identifiable groups within society in particular.

(2) The direct effects, including preemption effects under

section 5125 of Federal hazardous materials transportation law (Title

5, U.S.C.), of your proposed action on States, on the relationship

between the Federal government and the States, and on the distribution

of power and responsibilities among the various levels of government.

(See 49 CFR part 107, subpart C, regarding preemption.)

(3) The regulatory burden of your proposed action on small

businesses, small organizations, small governmental jurisdictions, and

Indian tribes.

(4) The record keeping and reporting burdens of your proposed

action and whom they would affect.

(5) The effect of your proposed action on the quality of the

natural and social environments.

Sec. 106.110 How will RSPA handle my petition for rulemaking?

We will review and respond to your petition for rulemaking as follows:

[[Page 68633]]

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

If your petition is ... And if we determine

that ... Then ...

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

(a) Incomplete we may return your

petition with a

written explanation

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

(b) Complete your petition does not we will notify you in

justify a rulemaking writing that we will

action not start a

rulemaking proceeding

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

(c) Complete your petition does we will notify you in

justify a rulemaking writing that we will

action start a rulemaking

proceeding

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

Appeals

Sec. 106.115 May I appeal an action that RSPA has taken?

You may appeal the following RSPA actions:

(a) Any regulation that RSPA issues under the rulemaking procedures

in this part. However, you may appeal RSPA's issuance of a direct final

rule only if you previously filed comments to the direct final rule

(see Sec. 106.40(e)).

(b) Any RSPA decision on a petition for rulemaking.

Sec. 106.120 What information must I put in my appeal?

(a) Appeal of a regulation. If you appeal RSPA's issuance of a

regulation, your appeal must include the following:

(1) The docket number of the rulemaking you are concerned about,

clearly set out at the beginning of your appeal.

(2) A brief statement of your concern about the regulation at

issue.

(3) An explanation of why compliance with the regulation is not

practical, reasonable, or in the public interest.

(4) If you want RSPA to consider more facts, the reason why you

did not present those facts within the time given during the rulemaking

process for public comment.

(b) Appeal of a decision. If you appeal RSPA's decision on a

petition for rulemaking, you must include the following:

(1) The contested aspects of the decision.

(2) Any new arguments or information.

Sec. 106.125 What is the deadline for filing my appeal?

(a) Appeal of a regulation. If you appeal RSPA's issuance of a

regulation, your appeal document must reach us no later than 30 days

after the date RSPA published the regulation in the Federal Register.

After that time, RSPA will consider your petition to be one for

rulemaking under Sec. 106.100.

(b) Appeal of a decision. If you appeal RSPA's decision on a

petition for rulemaking, your appeal document must reach us no later

than 30 days from the date RSPA served you with written notice of

RSPA's decision.

Sec. 106.130 Where do I file my appeal?

Send your appeal to:

Appeal

Attn: DHM-333

RSPA/USDOT

Washington, DC 20590-0001.

Sec. 106.135 Will the filing of my appeal keep a final rule from

becoming effective?

No, unless RSPA provides otherwise.

Sec. 106.140 How will RSPA handle my appeal?

(a) Appeal of a regulation.

(1) We may consolidate your appeal with other appeals of the same

rule.

(2) We may grant or deny your appeal, in whole or in part,

without further rulemaking proceedings, unless granting your appeal

would result in the issuance of a new final rule.

(3) If we decide to grant your appeal, we may schedule further

proceedings and an opportunity to comment.

(4) RSPA will notify you, in writing, of the action on your

appeal within 90 days after the date that RSPA published the rule at

issue in the Federal Register. If we do not issue a decision on your

appeal within the 90-day period, and we anticipate a substantial delay,

we will notify you directly about the delay and will give you an

expected decision date. We will also publish a notice of the delay in

the Federal Register.

(b) Appeal of a decision.

(1) We will not consider your appeal if it merely repeats

arguments that RSPA has previously rejected.

(2) RSPA will notify you, in writing, of the action on your

appeal within 90 days after the date that RSPA served you with written

notice of its decision on your petition for rulemaking. If we do not

issue a decision on your appeal within the 90-day period, and we

anticipate a substantial delay, we will notify you directly about the

delay and will give you an expected decision date.

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

1. The authority citation for part 107 would continue to read as

follows:

Authority: 49 U.S.C. 5101-5127, 44701; Sec. 212-213, Pub. L.

104-121, 110 Stat. 857; 49 CFR 1.45, 1.53.

Secs. 107.1, 107.5, 107.7, 107.9, 107.11, 107.13, 107.14 [Removed]

Sec. 107.3 [Redesignated as Sec. 107.1]

2. Part 107, subpart A, would be amended by revising the subpart

heading; by removing Secs. 107.1, 107.5, 107.7, 107.9, 107.11, 107.13,

107.14; and by redesignating Sec. 107.3 as Sec. 107.1, to read as

follows:

Subpart A--Definitions

Issued at Washington, DC on November 18, 1998, under authority

delegated in 49 CFR part 106.

Judith S. Kaleta,

Chief Counsel.

[FR Doc. 98-31506; Filed 12-10-98; 8:45 am]

BILLING CODE 4910-60-F