Federal Register - August 10, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules
jbell on DSKJLSW7X2PROD with PROPOSALS4
packaging manufacturers, distributors, and training companies. As discussed at length in the PRIA in the rulemaking docket, the amendments in this proposed rule should result in net cost savings that would ease the regulatory compliance burden for those and other entities engaged in domestic and international commerce, including trans-border shipments within North America. Additionally, the changes proposed in this NPRM would relieve U.S. companies, including small entities competing in foreign markets, from the burden of complying with a dual system of regulations. Therefore, PHMSA
expects that these amendments will not, if adopted, have a significant economic impact on a substantial number of small entities. However, PHMSA solicits comments on the anticipated economic impacts to small entities.
F. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995 44 U.S.C. 3501 et seq., no person is required to respond to an information collection unless it has been approved by OMB and displays a valid OMB control number. Pursuant to 44 U.S.C. 3506c2B and 5 CFR
1320.8d, PHMSA must provide interested members of the public and affected agencies with an opportunity to comment on information collection and recordkeeping requests.
PHMSA has analyzed this NPRM in accordance with the Paperwork Reduction Act. PHMSA currently accounts for shipping paper burdens under OMB Control Number 21370034, Hazardous Materials Shipping Papers and Emergency Response Information.
PHMSA proposes a number of amendments that may impact the burden accounted for in OMB Control Number 21370034. They include requiring the word stabilized as a part of the proper shipping name for UN2522, 2-Dimethlaminoethl methacrylate, adding the applicable term DAMAGED/DEFECTIVE, LITHIUM BATTERIES FOR
DISPOSAL or LITHIUM BATTERIES
FOR RECYCLING, excepting marine pollutants from the requirement to supplement the proper shipping name with a technical name for UN3077 and UN3082, and requiring documentation of the holding time for refrigerated liquefied gases transported in portable tanks. However, while PHMSA
estimates that there will be some impact in the annual burden related to shipping papers, PHMSA expects the overall impact to annual burden is negligible in relation to the number of burden hours currently associated with this information collection.
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OMB Control Number 21370051, Rulemaking, Special Permits, and Preemption Requirements, currently accounts for burden associated with petitions for rulemaking, special permit applications, and preemption requests.
PHMSA proposes to authorize certain ISO standard valves in 173.301bc2
and expand 175.10 to allow passenger and crewmembers to carry certain Division 2.2 aerosols in carry-on baggage, both of which eliminate the need for use of a special permit. While PHMSA expects these proposals to reduce the burden associated with this information collection, PHMSA
anticipates the reduction is negligible in relation to the total burden hours associated with special permit applications.
PHMSA accounts for the burden from approval applications in OMB Control Number 21370557, Approvals for Hazardous Materials. PHMSA proposes to add a new HMT entry for UN3549, Medical Waste, Category A, Affecting Humans, solid or Medical Waste, Category A, Affecting Animals only, solid and require an approval for transportation in accordance with Special Provision 131, which PHMSA
expects would increase the number of annual approval applicants. PHMSA
also proposes to add new entries to the 173.225 Organic Peroxide Table, which PHMSA expects would decrease the number of annual approval applicants. However, PHMSA expects that these proposed changes are negligible to the overall impact of the total burden in relation to the number of burden hours associated with this information collection.
PHMSA requests comments on the information collection and recordkeeping burdens associated with developing, implementing, and maintaining the proposed requirements in this NPRM. Address written comments to the DOT Docket Operations Office identified in the ADDRESSES section of this rulemaking.
PHMSA must receive comments regarding information collection burdens prior to the close of the comment period identified in the DATES
section of this rulemaking. Requests for a copy of this information collection should be directed to Steven Andrews or Shelby Geller, Standards and Rulemaking Division PHH10, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590
0001. If these proposed requirements are adopted in a final rule, PHMSA will submit the revised information collection and recordkeeping requirements to OMB for approval.
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G. Regulation Identifier Number A regulation identifier number RIN
is assigned to each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions Unified Agenda. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year; the most recent version was published in June 2021.
The RIN contained in the heading of this document can be used to crossreference this action with the Unified Agenda.
H. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 UMRA; 2 U.S.C. 1501 et seq.
requires agencies to assess the effects of Federal regulatory actions on State, local, and Tribal governments, and the private sector. For any NPRM or final rule that includes a Federal mandate that may result in the expenditure by State, local, and Tribal governments, or by the private sector of $100 million or more in 1996 dollars in any given year, the agency must prepare, amongst other things, a written statement that qualitatively and quantitatively assesses the costs and benefits of the Federal mandate.
As explained in the PRIA, this proposed rulemaking does not impose unfunded mandates under the UMRA. It does not result in costs of $100 million or more in 1996 dollars to either State, local, or Tribal governments, or to the private sector, in any one year. A copy of the PRIA is available for review in the docket.
I. Environmental Assessment The National Environmental Policy Act of 1969 NEPA; 42 U.S.C. 4321 et seq., requires that Federal agencies analyze proposed actions to determine whether the action would have a significant impact on the human environment. The Council on Environmental Quality implementing regulations 40 CFR parts 15001508
require Federal agencies to conduct an environmental review considering 1
the need for the action, 2 alternatives to the action, 3 probable environmental impacts of the action and alternatives, and 4 the agencies and persons consulted during the consideration process. DOT Order 5610.1C Procedures for Considering Environmental Impacts establishes departmental procedures for evaluation of environmental impacts under NEPA
and its implementing regulations.
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