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###### Department of Transportation

###### Pipeline and Hazardous Materials Safety Administration 

          - 49 CFR Parts 107, 171, 172, 173, 175, 177, 178 and 180 
          - [Docket No. PHMSA-2006-25496 (HM-189Z)] 
          - RIN 2137-AE20 

# AGENCY:

Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. 

# ACTION:

Final rule; correction. 

# SUMMARY:

                        PHMSA is correcting a minor error in a final rule, published in the                         **Federal Register**                         on September 14, 2006. That final rule corrected editorial errors, made minor regulatory changes and, in response to requests for clarification, improved the clarity of certain provisions in the Hazardous Materials Regulations (HMR).                     

# DATES:

*Effective date:*                         October 1, 2006.                     

# FOR FURTHER INFORMATION CONTACT:

Kevin Leary, Office of Hazardous Materials Standards, (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. 

# SUPPLEMENTARY INFORMATION:

## I. Background 

On September 14, 2006, the Pipeline and Hazardous Materials Safety Administration (PHMSA, we) published a final rule under Docket HM-189Z (71 FR 54388) to correct editorial errors, make minor regulatory changes and, in response to requests for clarification, improved the clarity of certain provisions in the Hazardous Materials Regulations (HMR). 

This document corrects a minor error in the September 14, 2006 final. We inadvertently omitted several sentences that are part of the current regulatory requirements in paragraph (b) of § 173.153. This section provides exceptions for certain shipments of Division 6.1 materials. The omitted sentences establish the conditions under which the exception may be utilized for air transportation and limit the total weight authorized for packages utilizing the exception. In this final rule, we are restoring these sentences to the paragraph. 

                    Because these amendments do not impose new requirements, notice and public procedure are unnecessary. By                           ( print page 54938)                        making these amendments effective without the customary 30-day delay following publication, the changes will appear in the next revision of 49 CFR.                 

## II. Regulatory Analyses and Notices 

### A. 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. This rule is not significant under the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034). This final rule will not result in increased compliance costs for hazardous materials shippers or carriers; therefore, it is not necessary to prepare a regulatory impact analysis. 

### B. Executive Order 13132

This final rule has been analyzed in accordance with the principles and criteria in Executive Order 13132 (“Federalism”). This final rule does not adopt any regulation that: (1) Has substantial direct effects on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government; (2) imposes substantial direct compliance costs on State and local governments; or (3) preempts state law. PHMSA is not aware of any State, local, or Indian tribe requirements that would be preempted by correcting editorial errors and making minor regulatory changes. This final rule does not have sufficient federalism impacts to warrant the preparation of a federalism assessment. 

### C. Executive Order 13175

This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 (“Consultation and Coordination with Indian Tribal Governments”). Because this final rule does not have tribal implications, does not impose substantial direct compliance costs on Indian tribal governments, and does not preempt tribal law, the funding and consultation requirements of Executive Order 13175 do not apply, and a tribal summary impact statement is not required. 

### D. Regulatory Flexibility Act, Executive Order 13272, and DOT Procedures and Policies 

I certify that this final rule will not have a significant economic impact on a substantial number of small entities. This rule makes minor editorial changes which will not impose any new requirements on persons subject to the HMR; thus, there are no direct or indirect adverse economic impacts for small units of government, businesses or other organizations. 

### E. Unfunded Mandates Reform Act of 1995 

This rule does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. It does not result in costs of $120.7 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. 

### F. Paperwork Reduction Act 

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

### G. Environmental Impact Analysis 

There are no environmental impacts associated with this final rule. 

### H. 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. 

# List of Subjects in 49 CFR Part 173

      - Hazardous materials transportation
      - Packaging and containers
      - Radioactive materials
      - Reporting and recordkeeping requirements
      - Uranium

In consideration of the foregoing, we are making the following correction to rule FR Doc. E6-15282, published on September 14, 2006: 

# PART 173—[CORRECTED] 

1. On page 54395, in § 173.153, correct the introductory text to paragraph (b) to read as follows: 

§ 173.153 

* * * * *

                            (b)                             *Limited quantities of Division 6.1 materials.*                             The exceptions in this paragraph do not apply to poison-by-inhalation materials. Limited quantities of poisonous materials (Division 6.1) in Packing Group II and III are excepted from the specification packaging requirements of this subchapter when packaged in combination packagings according to this paragraph. For transportation by aircraft, the package must also comply with the applicable requirements of § 173.27 of this subchapter and only hazardous materials authorized aboard passenger-carrying aircraft may be transported as a limited quantity. In addition, shipments of these limited quantities are not subject to subpart F of part 172 (Placarding) of this subchapter. Each package must conform to the packaging requirements of subpart B of this part and may not exceed 30 kg (66 pounds) gross weight. The following combination packagings are authorized:                         

* * * * *

Issued in Washington, DC, on September 15, 2006, under authority delegated in 49 CFR part 1. 

Thomas J. Barrett, 

Administrator. 

[FR Doc. 06-7793 Filed 9-19-06; 8:45 am] 

BILLING CODE 4910-60-P