**DDEPARTMENT OF TRANSPORTATION**

**Research and Special Programs Administration**

**49 CFR Parts 107 and 190**

**\[Docket No. RSP-3\]**

**RIN 2137-AD00**

**Availability of Interpretations of Hazardous Materials and Pipeline
Safety Regulations**

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

**ACTION:** Final rule.

**SUMMARY:** In this final rule, RSPA establishes two new informational
sections. The new sections give notice of the availability of informal
guidance and interpretive assistance concerning the Federal hazardous
materials transportation law and the Hazardous Materials Regulations, as
well as the Federal pipeline safety law and the pipeline safety
regulations.

**EFFECTIVE DATE:** The effective date of these amendments is May 2,
1997.

**FOR FURTHER INFORMATION CONTACT:** Nancy E. Machado, Office of the
Chief Counsel, (202) 366-4400, RSPA, Department of Transportation, 400
Seventh Street SW., Washington, DC 20590-0001 (for hazardous materials
transportation issues); or, Paul Sanchez, Office of the Chief Counsel,
(202) 366-4400, RSPA, Department of Transportation, 400 Seventh Street
SW., Washington, DC 20590-0001 (for pipeline safety issues).

**SUPPLEMENTARY INFORMATION:**

**Background**

On March 29, 1996, the Small Business Regulatory Enforcement Fairness
Act of 1996 (SBREFA), was enacted as Title II of the Contract with
America Advancement Act of 1996, Pub. L. 104-121. Section 213(b) of
SBREFA requires that, prior to March 29, 1997, each Federal agency that
regulates small entities establish a program to answer inquiries by
small entities concerning information on, advice about, and compliance
with, statutes and agency regulations, taking into account specific
facts supplied by the small entity. That section further provides that
guidance given to a small entity may be used as evidence of the
reasonableness or appropriateness of proposed fines, penalties, or
damages in civil and administrative actions. Finally, the section
mandates that each Federal agency report to Congress, by March 29, 1998,
on the scope of its program; this report must include the number of
small entities obtaining guidance, and the achievements of the agency\'s
program.

## Hazardous Materials Safety\--Part 107

The Federal hazardous material transportation law (Federal hazmat law),
49 U.S.C. 5101-5127, directs the Secretary of Transportation to
prescribe regulations for the safe transportation of hazardous materials
in commerce. 49 U.S.C. 5103. The Research and Special Programs
Administration (RSPA) is the administration within the Department of
Transportation primarily responsible for implementing the Federal hazmat
law. 49 CFR 1.53. RSPA does so through the Hazardous Materials
Regulations (HMR; 49 CFR Parts 171-180).

The Federal hazmat law and the HMR apply to a person who transports
hazardous materials in commerce; causes hazardous material to be
transported in commerce; or manufactures, fabricates, marks, maintains,
reconditions, repairs, or tests a packaging or container which is
represented, marked, certified, or sold by that person as qualified for
use in transporting a hazardous material in commerce. Many of the
persons involved in these regulated activities are small entities,
including small business concerns and individuals.

RSPA\'s Office of Hazardous Materials Safety (OHMS) maintains a
telephonic information line dedicated to answering questions concerning
all aspects of regulated hazardous materials activities. Telephonic
assistance is available from 9:00 a.m. to 4:00 p.m. Eastern time, Monday
through Friday, except Federal holidays. At all other times, callers are
requested to leave a recorded message, which is answered by the next
business day.

The information line may be reached via a local, Washington, D.C.
telephone number (202-366-4488), or through a toll-free \"800\'\' number
(1-800-467-4922). Additionally, a written response to a question on the
Hazardous Materials Regulations may be obtained by writing to RSPA\'s
Office of Hazardous Materials Standards.

Information may also be obtained by contacting OHMS via the Internet
(http://www.volpe.dot.gov/ohm). Information currently or soon to be
available from OHMS\' internet home page includes: (1) Recent
rulemakings published by OHMS, in both text and image files; (2)
Information about upcoming training classes provided by DOT; (3) The
Emergency Response Guidebook, searchable by identification number and
shipping name; (4) The Hazardous Materials Registration form, with
guidance; and (5) The Hazardous Materials Incident Report form, with
guidance.

Presently, the information line\'s telephone numbers are published in
RSPA\'s Hazardous Materials Information Exchange computer bulletin
board, in informational brochures distributed to state and municipal
governmental entities and trade organizations, in newsletters published
by trade organizations, and in various DOT publications. Additionally,
many of these sources also make known the availability of RSPA\'s
written letters of clarification and assistance with hazardous materials
issues. However, many small entities, including sole proprietorships,
family businesses, and individuals, may not have access to these sources
of information and, correspondingly, may be unaware of the verbal and
written assistance available to them.

Also, RSPA\'s Office of the Chief Counsel (OCC) is available to answer
questions concerning Federal hazmat law and Federal preemption of state,
local and Indian tribe hazardous materials transportation requirements.
OCC may be contacted by telephone (202-366-4400) from 9:00 a.m. to 4:00
p.m. Eastern time, Monday through Friday, except Federal holidays.
Information and guidance concerning Federal hazmat law and preemption
may also be obtained by writing to OCC or by contacting OCC via the
Internet at http://rspa-atty.dot.gov. Specifically, OCC\'s website
contains, or will soon contain: an organizational list; an index to
preemption of state and local laws on hazardous materials
transportation; the status of preemption determination applications;
\"hot topic\'\' summaries of current significant decisions and events;
procedural rules for pipeline safety administrative enforcement cases;
and, a \"feedback\'\' mechanism to correspond electronically with OCC
staff attorneys.

This rule amends the regulations in Part 107 by adding a new
informational section 107.14. This section describes how to obtain
telephonic assistance on hazardous materials issues, publishes the local
and \"800\'\' telephone numbers for OHMS\' information line and for OCC,
and publishes OHMS\' and OCC\'s Internet addresses. Section 107.14 also
contains a paragraph which explains the availability of written
guidance, and publishes the procedure for obtaining this guidance.

## Pipeline Safety\--Part 190

Federal pipeline safety law, 49 U.S.C. 60101 et seq., directs the
Secretary of Transportation to prescribe minimum safety standards for
pipeline transportation and for pipeline facilities. 49 U.S.C. 60102.
RSPA is the administration within the Department of Transportation
responsible for implementing the pipeline safety law. 49 CFR 1.53. RSPA
does so through the pipeline safety regulations (49 CFR Parts 190-199).

The pipeline safety law and the pipeline safety regulations apply to
owners and operators of pipeline facilities; may apply to the design,
installation, inspection, emergency plans and procedures, testing,
construction, extension, operation, replacement, and maintenance of
pipeline facilities; and include a requirement that all individuals who
operate and maintain pipeline facilities shall be qualified to operate
and maintain the pipeline facilities. There are more than 20,000 gas and
hazardous liquid pipeline companies, of which only about 1,000 are major
companies.

RSPA\'s Office of Pipeline Safety (OPS) has designated its website on
the Internet and a telephone line at the OPS Washington, D.C.
headquarters as its means of disseminating information concerning small
pipeline operators. It is also anticipated that the OPS regional offices
and inspectors in the field will disseminate information and provide
assistance to small operators. Small operators will be able to access
information on pipeline safety regulations, recent Federal Register
notices, interpretations, waivers, Alert Notices, and other useful
information, including information on the availability of underground
utility damage prevention programs in their region.

The OPS website will clearly display a \"Special Information for
Operators of Small Pipelines and Master Meter Systems\'\' button. Small
operators will have access to the recently revised \"Guidance Manual for
Operators of Small Natural Gas Systems\'\' (the Small Gas Operators
Manual), a document that explains how to comply with the pipeline safety
regulations. In addition, small operators will be able to communicate
directly with OPS engineers and regulatory personnel by clicking on a
\"Talk With OPS\'\' button.

Both the OPS website and information telephone line are staffed by OPS
engineers and regulatory personnel. OPS staff are available between the
hours of 9:00 a.m. and 5:00 p.m. Eastern time, Monday through Friday,
except Federal holidays. The OPS telephone number and OPS website
address are provided in customer brochures. Callers may also be directed
to the information telephone line through the main telephone line at OPS
headquarters. Both services are accessible on a 24-hour basis.
Individuals will be able to leave a recorded voicemail message by
telephone or post a message at the website when OPS personnel are not
present. All messages will receive a response by the following business
day. The telephone number for the OPS information line is (202) 366-0918
and the OPS website can be accessed via the Internet at
http://www.dot.ops.gov.

Also, OCC is available to answer questions concerning pipeline safety
law, the statutory authority underlying RSPA\'s pipeline regulations.
OCC may be contacted by telephone (202-366-4400) from 9:00 a.m. to 4:00
p.m. Eastern time, Monday through Friday, except Federal holidays.
Information and guidance concerning pipeline safety law may also be
obtained by writing to OCC or by contacting OCC via the Internet at
http://rspa-atty.dot.gov. Specifically, OCC\'s website contains, or will
soon contain: an organizational list; an index to preemption of state
and local laws on hazardous materials transportation; the status of
preemption determination applications; \"hot topic\'\' summaries of
current significant decisions and events; procedural rules for pipeline
safety administrative enforcement cases; and, a \"feedback\'\' mechanism
to correspond electronically with OCC staff attorneys.

This rule will amend the pipeline safety regulations by adding a new
informational regulation located at §190.11. This section: (1) Sets out
the availability of assistance via the OPS and OCC websites on the
Internet and by telephone with respect to pipeline safety issues; (2)
provides the OPS and OCC website Internet addresses; and (3) provides
the OPS and OCC telephone numbers.

Effective Date

Because the amendments adopted herein are for informational purposes
only and impose no new regulatory burden on any person, notice and
public procedure are unnecessary. For these same reasons, these
amendments are being made effective without the usual 30-day delay
following publication.

Rulemaking Analysis and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

This final rule is not considered a significant regulatory action under
section 3(f) of Executive Order 12866 and, therefore, was not reviewed
by the Office of Management and Budget. The rule is not significant
according to the Regulatory Policies and Procedures of the Department of
Transportation (44 FR 11034). The changes adopted in this rule do not
result in any additional costs to the public or the agency. Because of
the minimal economic impact of this rule, preparation of a regulatory
evaluation is not warranted.

Executive Order 12612

This final rule has been analyzed in accordance with the principles and
criteria in Executive Order 12612 (\"Federalism\'\') and does not have
sufficient Federalism impacts to warrant the preparation of a federalism
assessment.

Regulatory Flexibility Act

I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. This rule does not
impose any new requirements; thus, there are no direct or indirect
adverse economic impact for small units of government, businesses or
other organizations.

### **Paperwork Reduction Act**

There are no new information collection requirements in this final rule.

Regulation Identifier Number

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.

List of Subjects

## 49 CFR Part 107

Administrative practice and procedure, Hazardous materials
transportation, Packaging and containers, Penalties.

## 49 CFR Part 190

Administrative practice and procedure, Pipeline safety.

In consideration of the foregoing, 49 CFR parts 107 and 190 are amended
as follows:

**PART 107\--HAZARDOUS MATERIALS PROGRAM PROCEDURES**

1\. The authority citation for part 107 is revised to read as follows:

**Authority:** 49 U.S.C. 5101-5127, 44701; §212-213, Pub. L. 104-121,
110 Stat. 857; 49 CFR 1.45, 1.53.

2\. In subpart A, a new §107.14 is added to read as follows:

**§107.14 Availability of informal guidance and interpretive
assistance.**

\(a\) Availability of telephonic and Internet assistance. (1) RSPA has a
toll-free, telephonic information line which provides answers to
inquiries by small entities and other parties concerning information on
and advice about compliance with the hazardous materials regulations, 49
CFR parts 171-180. The information line is staffed from 9:00 a.m.
through 4:00 p.m., Eastern time, Monday through Friday, except Federal
holidays. When the information line is not staffed, callers leave a
recorded message, which will be answered by the next business day. The
telephone numbers for the information line are: 1-800-467-4922 (that is;
1-800-HMR49-22 toll free), or 202-366-4488 (Washington, DC area).
Additionally, information may be obtained from the Office of Hazardous
Materials Safety via the Internet at http://www.volpe.dot.gov/ohm.

\(2\) RSPA\'s Office of the Chief Counsel (OCC) is available to answer
questions concerning Federal hazardous material transportation law, 49
USC 5101 et seq. and Federal preemption of state, local and Indian tribe
hazardous material transportation requirements. OCC may be contacted by
telephone (202-366-4400) from 9:00 a.m. to 4:00 p.m. Eastern time,
Monday through Friday, except Federal holidays. Information and guidance
concerning Federal hazardous material transportation law and preemption
may also be obtained by contacting OCC via the Internet at
http://rspa-atty.dot.gov.

\(b\) Availability of Written Interpretations. (1) A written regulatory
clarification, response to a question, or an opinion concerning
hazardous materials offering, transporting, or packaging requirements
may be obtained by submitting a written request to the RSPA Office of
Hazardous Materials Standards (DHM-10), U.S. Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. The
requestor must include his or her return address and should also include
a daytime telephone number.

\(2\) A written interpretation regarding Federal hazardous material
transportation law, 49 USC 5101 et seq., may be obtained from the Office
of the Chief Counsel (DCC-1) RSPA, U.S. Department of Transportation,
400 Seventh Street, SW., Washington, DC 20590-0001. The requestor must
include his or her return address and should also include a daytime
telephone number.

**PART 190\--PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES**

3\. The authority citation for part 190 is revised to read as follows:

**Authority:** 33 U.S.C. 1321; 49 U.S.C. 5101-5127, 60101 et seq.;
§212-213, Pub. L. 104-121, 110 Stat. 857; 49 CFR 1.53.

4\. In subpart A, a new §190.11 is added to read as follows:

**§190.11 Availability of informal guidance and interpretive
assistance.**

\(a\) Availability of telephonic and Internet assistance. (1) RSPA has
established a website on the Internet and a telephone line at the Office
of Pipeline Safety headquarters where small operators and others can
obtain information on and advice about compliance with pipeline safety
regulations, 49 CFR parts 190-199. The website and telephone line are
staffed by personnel from RSPA\'s Office of Pipeline Safety from 9:00
a.m. through 5:00 p.m., Eastern time, Monday through Friday, except
Federal holidays. When the lines are not staffed, individuals may leave
a recorded voicemail message, or post a message at the OPS website. All
messages will receive a response by the following business day. The
telephone number for the OPS information line is (202) 366-0918 and the
OPS website can be accessed via the Internet at http://www.dot.ops.gov.

\(2\) RSPA\'s Office of the Chief Counsel (OCC) is available to answer
questions concerning Federal pipeline safety law, 49 U.S.C. 60101 et
seq. OCC may be contacted by telephone (202-366-4400) from 9:00 a.m. to
4:00 p.m. Eastern time, Monday through Friday, except Federal holidays.
Information and guidance concerning Federal pipeline safety law may also
be obtained by contacting OCC via the Internet at
http://rspa-atty.dot.gov.

\(b\) Availability of Written Interpretations. (1) A written regulatory
interpretation, response to a question, or an opinion concerning a
pipeline safety issue may be obtained by submitting a written request to
the Office of Pipeline Safety (DPS-10), RSPA, U.S. Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. The
requestor must include his or her return address and should also include
a daytime telephone number.

\(2\) A written interpretation regarding Federal pipeline safety law, 49
U.S.C 60101 et seq., may be obtained from the Office of the Chief
Counsel, RSPA, U.S. Department of Transportation, 400 Seventh Street,
SW., Washington, DC

20590-0001. The requestor must include his or her return address and
should also include a daytime telephone number.

Issued in Washington, DC on April 18, 1997, under the authority
delegated in 49 C.F.R. 1.53.

**Kelley S. Coyner,**

Deputy Administrator.

\[FR Doc. 97-11436 Filed 5-1-97; 8:45 am\]

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# BILLING CODE 4910-60-P

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