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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules
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PHMSA has evaluated this proposed rule under the above Executive Orders and DOT Order 5610.2C. PHMSA does not expect the proposed rule, if finalized, to cause disproportionately high and adverse human health and environmental effects on minority, lowincome, underserved, and other disadvantaged populations and communities. The rulemaking is facially neutral and national in scope; it is neither directed toward a particular population, region, or community, nor is it expected to adversely impact any particular population, region, or community. And because PHMSA
expects the rulemaking would not adversely affect the safe transportation of hazardous materials generally, PHMSA does not expect the proposed revisions would entail disproportionately high adverse risks for minority populations, low-income populations, or other underserved and other disadvantaged communities.
PHMSA submits that the proposed rulemaking could in fact reduce risks to minority populations, low-income populations, or other underserved and other disadvantaged communities.
Because the proposed HMR
amendments could avoid the release of hazardous materials and reduce the frequency of delays and returned/
resubmitted shipments of hazardous materials resulting from conflict between the current HMR and updated international standards, the proposed rule could reduce risks to populations and communitiesincluding any minority, low-income, underserved and other disadvantaged populations and communitiesin the vicinity of interim storage sites and transportation arteries and hubs. Additionally, as explained in the above discussion of NEPA, PHMSA
expects that its proposed HMR
amendments will yield modest GHG
emissions reductions, thereby reducing the risks posed by anthropogenic climate change to minority, low-income, underserved, and other disadvantaged populations and communities.
PHMSA solicits comment from minority, low-income, underserved, and other disadvantaged populations and communities on potential impacts of the proposed rulemaking.
K. Privacy Act In accordance with 5 U.S.C. 553c, DOT solicits comments from the public to better inform its rulemaking process.
DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice DOT/ALL
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Statement is in the Federal Register published on April 11, 2000,43 or on DOTs website at http www.dot.gov/
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L. Executive Order 13609 and International Trade Analysis Executive Order 13609 Promoting International Regulatory Cooperation 44 requires that agencies consider whether the impacts associated with significant variations between domestic and international regulatory approaches are unnecessary or may impair the ability of American business to export and compete internationally.
In meeting shared challenges involving health, safety, labor, security, environmental, and other issues, international regulatory cooperation can identify approaches that are at least as protective as those that are or would be adopted in the absence of such cooperation. International regulatory cooperation can also reduce, eliminate, or prevent unnecessary differences in regulatory requirements.
Similarly, the Trade Agreements Act of 1979 Pub. L. 9639, as amended by the Uruguay Round Agreements Act Pub. L. 103465 as amended, the Trade Agreements Act, prohibits agencies from establishing any standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to the Trade Agreements Act, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standards have a legitimate domestic objective, such as providing for safety, and do not operate to exclude imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards.
PHMSA participates in the establishment of international standards to protect the safety of the American public, and it has assessed the effects of the proposed rule to ensure that it does not cause unnecessary obstacles to foreign trade. In fact, the proposed rule is expected to facilitate international trade by harmonizing U.S. and international requirements for the transportation of hazardous materials so as to reduce regulatory burdens and minimize delays arising from having to comply with divergent regulatory requirements. Accordingly, this rulemaking is consistent with Executive 43 65
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FR 19477 Apr. 11, 2000.
FR 26413 May. 4, 2012.

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Order 13609 and PHMSAs obligations under the Trade Agreements Act.
M. National Technology Transfer and Advancement Act The NTTAA directs federal agencies to use voluntary consensus standards in their regulatory activities unless doing so would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards e.g., specification of materials, test methods, or performance requirements that are developed or adopted by voluntary consensus standard bodies. This rulemaking involves multiple voluntary consensus standards which are discussed at length in the discussion on 171.7. See Section 171.7 of the Section-by-Section Review for further details.
N. Executive Order 13211
Executive Order 13211 Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use 45 requires Federal agencies to prepare a Statement of Energy Effects for any significant energy action. Executive Order 13211
defines a significant energy action as any action by an agency normally published in the Federal Register that promulgates, or is expected to lead to the promulgation of, a final rule or regulation that 1i is a significant regulatory action under Executive Order 12866 or any successor order and ii is likely to have a significant adverse effect on the supply, distribution, or use of energy including a shortfall in supply, price increases, and increased use of foreign supplies; or 2 is designated by the Administrator of the Office of Information and Regulatory Affairs OIRA as a significant energy action.
This proposed rule is not a significant action under Executive Order 12866, nor is it expected to have an annual effect on the economy of $100 million.
Further, this action is not expected to have a significant adverse effect on the supply, distribution, or use of energy in the United States. The Administrator of OIRA has not designated the proposed rule as a significant energy action. For additional discussion of the anticipated economic impact of this rulemaking, please review the PRIA posted in the rulemaking docket.
List of Subjects 49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste, Imports, Incorporation by reference, 45 66

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FR 28355 May 22, 2001.

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