[Federal Register Volume 64, Number 243 (Monday, December 20, 1999)]
[Proposed Rules]
[Pages 71098-71100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32888]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration
[Docket No. RSPA-99-5143, N-99-4]

49 CFR Parts 106, 107, and 171


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 on Rulemaking and Program Procedures 
and General Information, Regulations, and Definitions 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 March 22, 2000.

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-99-5143 at 
the beginning of your comments and submit two copies. If you want to 
receive confirmation of receipt of your comments, include a self-
addressed, stamped postcard. You can also submit comments by e-mail by 
accessing the Dockets Management System on the Internet at ``http://
dms.dot.gov'' or by fax to (202) 366-3753.
    The 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 
a.m. and 5 p.m., Monday through Friday, except federal holidays. In 
addition, you can review comments by accessing the Dockets Management 
System at ``http://dms.dot.gov.''

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

[[Page 71099]]

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 
reviews 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 November 22, 1999, listing in Appendix D (64 FR 
64684) 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 to 
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 a 
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 (1998) began in the fall of 1998 and 
ends in the fall of 1999; Year 2 (1999) begins in the fall of 1999 and 
ends 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
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     Year             Title          Regulation      Analysis    Review
------------------------------------------------------------------------
1.............  Incident reports  Secs.  171.15          1998        N/A
                                   and 171.16.
2.............  Hazmat Program    Parts 106 and          1999       2000
                 Procedures        107, Part 171.
                 General
                 Information,
                 Regulations,
                 and Definitions.
3.............  Carriage by Rail  Parts 174 and          2000       2001
                 and Highway.      177.
4.............  Carriage by       Part 176........       2001       2002
                 Vessel.
5.............  Radioactive       Parts 172, 173,        2002       2003
                 Materials.        174, 175, 176,
                                   177, 178.
6.............  Explosives        Parts 172, 173,        2003       2004
                 Cylinders.        174, 176, 177,
                                   178.
                                  Parts 172, 173,
                                   178, 180.
7.............  Shippers--Genera  Part 173........       2004       2005
                 l Requirements
                 for Shipments
                 and Packagings.
8.............  Specifications    Part 178........       2005       2006
                 for Non-bulk
                 Packagings.
9.............  Specifications    Parts 178, 179,        2006       2007
                 for Bulk          180.
                 Packagings.
10............  Hazardous         Part 172........  .........  .........
                 Materials
                 Table, Special
                 Provisions,
                 Hazardous
                 Materials
                 Communications,
                 Emergency
                 Response
                 Information,
                 and Training
                 Requirements.
                Carriage by       Part 175........       2007       2008
                 Aircraft.
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C. Regulations Under Analysis

    During Year 2 (1999), the Analysis Year, we will conduct a 
preliminary assessment of the rules in 49 CFR Parts 106 and 107, 
Rulemaking and Program Procedures, and Part 171, General Information, 
Regulations, and Definitions.
    Part 106, Rulemaking Procedures, includes the following sections:

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                  Section                               Title
------------------------------------------------------------------------
106.1.....................................  Scope.
106.3.....................................  Delegations.
106.5.....................................  Regulatory dockets.
106.7.....................................  Records.
106.9.....................................  Where to file petitions.
106.11....................................  General.
106.13....................................  Initiation of rulemaking.
106.15....................................  Contents of notices of
                                             proposed rulemaking.
106.17....................................  Participation by interested
                                             persons.
106.19....................................  Petitions for extension of
                                             time to comment.
106.21....................................  Contents of written
                                             comments.
106.23....................................  Consideration of comments
                                             received.
106.25....................................  Additional rulemaking
                                             proceedings
106.27....................................  Hearings.
106.29....................................  Adoption of final rules.
106.31....................................  Petitions for rulemaking.
106.33....................................  Processing of petition.
106.35....................................  Petitions for
                                             reconsideration.

[[Page 71100]]

 
106.37....................................  Proceedings on petitions for
                                             reconsideration.
106.38....................................  Appeals.
106.39....................................  Direct final rulemakings.
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    Part 107, Hazardous Materials Program Procedures, includes the 
following subparts:

------------------------------------------------------------------------
                  Subpart                               Title
------------------------------------------------------------------------
Subpart A.................................  General Provisions.
Subpart B.................................  Exemptions.
Subpart C.................................  Preemption--Preemption
                                             Determinations and Waiver
                                             of Preemption
                                             Determinations.
Subpart D.................................  Enforcement--Compliance
                                             Orders and Civil Penalties,
                                             Criminal Penalties,
                                             Injunctive Action.
Subpart E.................................  Designation of Approval and
                                             Certification Agencies.
Subpart F.................................  Registration of Cargo Tank
                                             and Cargo Tank Motor
                                             Vehicle Manufacturers and
                                             Repairers and Cargo Tank
                                             Motor Vehicle Assemblers.
Subpart G.................................  Registration of Persons Who
                                             Offer or Transport
                                             Hazardous Materials.
Subpart H.................................  Approvals, Registrations,
                                             and Submissions.
------------------------------------------------------------------------

    Part 171, General Information, Regulations, and Definitions, 
includes the following sections:

------------------------------------------------------------------------
                  Section                               Title
------------------------------------------------------------------------
171.1.....................................  Purpose and scope.
171.2.....................................  General requirements.
171.3.....................................  Hazardous waste.
171.4.....................................  Marine pollutants.
171.6.....................................  Control numbers under
                                             Paperwork Reduction Act.
171.7.....................................  Reference material.
171.8.....................................  Definitions and
                                             abbreviations.
171.9.....................................  Rules of construction.
171.10....................................  Units of measure.
171.11....................................  Use of ICAO Technical
                                             Instructions.
171.12....................................  Import and export shipments.
171.12a...................................  Canadian shipments and
                                             packagings.
171.14....................................  Transitional provisions for
                                             implementing requirements
                                             based on the UN
                                             recommendations.
171.19....................................  Approvals or authorizations
                                             issued by the Bureau of
                                             Explosives.
171.20....................................  Submission of Examination
                                             Reports.
171.21....................................  Assistance in investigations
                                             and special studies.
------------------------------------------------------------------------

    We are seeking comments on whether any requirements in Part 106, 
107, or 171 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 Parts 106, 107, or 171 have a 
significant economic impact on your business or organization, please 
submit a comment to explain 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

    The National Partnership for Reinventing Government (NPR) has 
recommended that the federal government develop a more customer-
oriented approach, particularly concerning government regulations and 
publications. The NPR recommendations suggest that agencies simplify 
and, as appropriate, rewrite rules and regulations in performance-
based, plain-language formats.
    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.
    President Clinton issued an Executive Memorandum on June 1, 1998, 
calling for agencies to write documents using ``easy-to-read design 
features.'' To ensure the use of plain language, the President directed 
agencies to use plain language in all new documents, other than 
regulations, by October 1, 1998, and to use plain language in all 
proposed and final rulemakings published in the Federal Register after 
January 1, 1999. The President also directed agencies to consider 
rewriting existing regulations in plain language when they have the 
opportunity and resources to do so. 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 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 in the process of 
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 
parts 107 and 171 under section 610 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, that may 
make the regulations easier to use.

    Issued in Washington, DC on December 13, 1999, under authority 
delegated in 49 CFR part 106.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety, Research and 
Special Programs Administration.
[FR Doc. 99-32888 Filed 12-17-99; 8:45 am]
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