Hazardous Materials: Authorization for the Continued Manufacture of Certain MC 331 Cargo Tanks

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 171

[Docket No. RSPA-98-4943 (HM-225B)]

RIN 2137-AD31

Hazardous Materials: Authorization for the Continued Manufacture

of Certain MC 331 Cargo Tanks

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice of Proposed Rulemaking (NPRM).

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SUMMARY: This notice proposes to extend from March 1, 1999 to July 1,

1999, the period for continued manufacture of MC 331 cargo tanks

without certification and demonstrated performance of the emergency

discharge control system. The intent of this NPRM is to provide for the

uninterrupted production of specification MC 331 cargo tanks used in

the transportation of propane, anhydrous ammonia and other liquefied

compressed gases.

DATES: Comments must be received on or before February 11, 1999.

ADDRESSES: Address written comments to the Dockets Management System,

U.S. Department of Transportation, Room PL-401, 400 Seventh Street, SW,

Washington, DC 20590-0001. Identify the docket number RSPA-98-4943 at

the beginning of the comments and submit two copies. If you want to

receive confirmation of receipt of your comments, include a self-

addressed, stamped postcard. Comments also may be submitted by e-mail

to [email protected].

Dockets Management System is located on the Plaza Level of the

Nassif Building at the Department of Transportation at the above

address. You can review public dockets there between the hours of 9:00

a.m. and 5:00 p.m., Monday through Friday, except

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Federal holidays. In addition, you can review comments by accessing the

docket management system through the DOT home page (http://

dms.dot.gov).

FOR FURTHER INFORMATION CONTACT: Jennifer Karim or Susan Gorsky, Office

of Hazardous Materials Standards, Research and Special Programs

Administration (202) 366-8553.

SUPPLEMENTARY INFORMATION: On February 19, 1997, under Docket No. RSPA-

97-2133 (HM-225) (62 FR 7638), the Research and Special Programs

Administration (RSPA, ``we'') issued an emergency interim final rule to

specify the conditions under which MC 330 and MC 331 cargo tank motor

vehicles could continue to operate while RSPA and the industry

addressed operational problems related to the cargo tank emergency

discharge control system. A final rule extending and revising the

provisions of the emergency interim final rule was issued on August 18,

1997 (62 FR 44038). The August 18 final rule included a provision

permitting continued manufacture of MC 331 cargo tanks without

certification and demonstrated performance of the emergency discharge

control system until March 1, 1999.

We issued a final rule responding to petitions for reconsideration

and clarifying certain provisions of the August 18 final rule on

December 10, 1997 (62 FR 65187). In this rule, RSPA extended the

expiration date of certain provisions of the rule from March 1, 1999 to

July 1, 1999. This change was based on a request from Farmland

Industries, Inc. and The Fertilizer Institute asking that the agency

allow a four-month extension of the expiration date to July 1, 1999, to

avoid expiration of the requirements at the beginning of the fertilizer

industry's peak delivery season.

A provision in the August 18, 1997 final rule permits, until March

1, 1999, a new cargo tank motor vehicle to be marked and certified as

conforming to specification MC 331 without certification and

demonstrated performance of the emergency discharge control system.

RSPA did not change the date for this provision in the December 10,

1997 final rule because it was not requested by petitioners and we did

not anticipate a need to extend the date at that time. RSPA has

subsequently established a negotiated rulemaking committee (the

Committee) which is developing alternative safety standards for

unloading liquefied compressed gases to replace those standards which

expire on July 1, 1999. The work of the Committee is expected to extend

beyond March 1, 1999. Therefore, we believe there is a need to extend

the March 1, 1999 date until July 1, 1999, consistent with the

expiration of the final rule, and are proposing to extend the date in

this document. During its December 1-2, 1998 meeting, the Committee

agreed that we should propose this change.

Regulatory Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

This proposed rule is not considered a significant regulatory

action under section 3(f) of Executive Order 12866 and was not reviewed

by the Office of Management and Budget. The rule is not considered

significant under the regulatory policies and procedures of the

Department of Transportation (44 FR 11034).

RSPA did not prepare a regulatory evaluation for this NPRM

addressing the issue of extending the expiration date of the rule.

However, a final regulatory evaluation was prepared in support of the

final rule published on December 10, 1997. The final regulatory

evaluation is available for review in that public docket.

Executive Order 12612

This proposed rule has been analyzed according to the principles

and criteria contained in Executive Order 12612 (``Federalism''). The

Federal hazardous materials transportation law (49 U.S.C. 5101--5127)

contains an express preemption provision that preempts State, local,

and Indian tribe requirements on certain covered subjects. Covered

subjects are:

(A) The designation, description, and classification of hazardous

materials;

(B) The packing, repacking, handling, labeling, marking, and

placarding of hazardous materials;

(C) The preparation, execution, and use of shipping documents

pertaining to hazardous materials and requirements relating to the

number, content, and placement of such documents;

(D) The written notification, recording, and reporting of the

unintentional release in transportation of hazardous materials; or

(E) The design, manufacturing, fabrication, marking, maintenance,

reconditioning, repairing, or testing of a package or container which

is represented, marked, certified, or sold as qualified for use in the

transportation of hazardous materials.

Title 49 U.S.C. 5125(b)(2) provides that DOT must determine and

publish in the Federal Register the effective date of Federal

preemption. That effective date may not be earlier than the 90th day

following the date of issuance of the final rule and not later than two

years after the date of issuance. RSPA solicits comments on whether the

proposed rule would have any effect on State, local or Indian tribe

requirements and, if so, the most appropriate effective date of Federal

preemption. We have determined that this proposed rule does not have

sufficient Federalism impacts to warrant the preparation of a

federalism assessment.

Executive Order 13084

The revised regulation evolving from this NPRM will not

significantly or uniquely affect the communities of Indian tribal

governments when analyzed under the principles and criteria contained

in Executive Order (``Consultation and Coordination with Indian Tribal

Government''). 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 rule proposes only to extend the expiration date of the current

rule from March 1, 1999 to July 1, 1999. 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 NPRM does not propose any new information

collection requirements.

Regulation Identifier Number (RIN)

A regulation identifier 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 number contained in the heading

of this document can be used 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

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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 objective 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 impose business process changes or require

modifications to computer systems. Because this NPRM 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 in 49 CFR Part 171

Exports, Hazardous materials transportation, Hazardous waste,

Imports, Reporting and recordkeeping requirements.

In consideration of the foregoing, 49 CFR Part 171 would be amended

as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

1. The authority citation for Part 171 would continue to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec. 171.5 [Amended]

2. In Sec. 171.5, in paragraph (a)(3), the date ``March 1, 1999''

would be revised to read ``July 1, 1999''.

Issued in Washington, DC, on January 6, 1999, under authority

delegated in 49 CFR part 106.

Alan I. Roberts,

Associate Administrator for Hazardous Materials Safety.

[FR Doc. 99-623 Filed 1-11-99; 8:45 am]

BILLING CODE: 4910-60-P