35034 Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Rules and Regulations 

section. To make this determination, the 

generator must:

* * * * *

(3) * * * 

(iv) * * * 

(B) The analytical measurements must 

be sufficiently sensitive, accurate and 

precise to support any claim that the 

constituent mass loadings are below the 

listing levels of paragraph (c) of this 

section.

* * * * *

[FR Doc. 05–11914 Filed 6–15–05; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 262, 264, and 265

[FRL–7925–1] 

RIN 2050–AE21

Hazardous Waste Management 

System; Modification of the Hazardous 

Waste Manifest System; Correction

AGENCY: Environmental Protection 

Agency.

ACTION: Final rule; correcting 

amendments. 

SUMMARY: The Environmental Protection 

Agency (EPA) is correcting errors that 

appeared in the Hazardous Waste 

Manifest Final Rule, which was 

published in the Federal Register (FR) 

on March 4, 2005 (70 FR 10776). This 

final rule does not create new regulatory 

requirements.

EFFECTIVE DATE: This final rule is 

effective September 6, 2005.

ADDRESSES: EPA has established a 

docket for the manifest final rule under 

Docket ID No. RCRA–2001–0032. All 

documents—including this correction—

in the docket are listed in the EDOCKET 

index at http://www.epa.gov/edocket. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be available 

publicly only in hard copy form. Docket 

materials are available either 

electronically in EDOCKET or in hard 

copy at the EPA Docket Center (EPA/

DC), EPA/DC, EPA West, Room B102, 

1301 Constitution Ave., NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the EPA Docket Center is (202) 566–

0270.

FOR FURTHER INFORMATION CONTACT: For 

further information regarding specific 

aspects of this document, contact Bryan 

Groce, Office of Solid Waste, (703) 308–

8750, groce.bryan@epa.gov, or Richard 

LaShier, Office of Solid Waste, (703) 

308–8796, lashier.rich@epa.gov. Mail 

inquiries may be directed to the Office 

of Solid Waste, (5304W), 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Does This Rule Create New Federal 

Requirements? 

II. What Does This Rule Do? 

III. Why Is This Correction Issued as a Final 

Rule? 

IV. Why Are the Clarifications and 

Corrections in This Rule Necessary? 

A. Corrections and Clarifications to the 

PRA Burden Statement. 

B. Corrections to Item 5 of the Manifest 

Form Instructions. 

C. Corrections to Item 15 of the Manifest 

Form Instructions. 

D. Corrections and Clarifications to 40 CFR 

262.33 and to 262.20(a)(2). 

E. Corrections to 40 CFR 264.72(e)(4) and 

to 265.72(e)(4). 

V. Statutory and Executive Order Reviews.

I. Does This Rule Create New Federal 

Requirements? 

No. This rule creates no new 

regulatory requirements; rather, it 

corrects errors made in the Appendix to 

part 262 of chapter 40 of the Code of 

Federal Regulations (CFR) and corrects 

certain manifest regulations that were 

promulgated in the March 4, 2005 

Federal Register. 

II. What Does This Rule Do? 

This rule corrects the printing 

omissions of the manifest form (EPA 

Form 8700–22) and the continuation 

sheet (EPA Form 8700–22A), which 

were omitted inadvertently from the 

final rule promulgated on March 4, 2005 

(70 FR 10776), by inserting the manifest 

form (EPA Form 8700–22) and the 

continuation sheet (EPA Form 8700–

22A) into the corresponding manifest 

instructions. In addition, this rule 

amends portions of the instructions for 

the manifest form and continuation 

sheet, which are contained in the 

Appendix to part 262 of chapter 40 of 

the CFR, amends the marking 

requirements at 40 CFR 262.33 for 

hazardous waste generators and amends 

the manifest discrepancy requirements 

at 40 CFR 264.72 and 265.72. 

Specifically, the rule: 

(1) Corrects the EPA mailing address 

for comment submissions regarding the 

Paperwork Reduction Act (PRA) burden 

statement estimates; 

(2) Corrects the incorrect description 

of the telephone number to insert in 

Item 5 of the manifest instructions; 

(3) Corrects the wording in the 

instructions to the first certification (i.e., 

the Generator Certification) in Item 15 

so that it is consistent with the revised 

certification wording on the manifest 

form; 

(4) Clarifies that the reference to the 

DOT marking regulation (i.e., 49 

171.3(b)(1)) in 40 CFR 262.33 does not 

apply to generators, and deletes it from 

the placarding regulation that is 

applicable to generators; and, 

(5) Corrects errors in 40 CFR 

264.72(e)(4) and in 265.72(e)(4) 

pertaining to manifest discrepancies.

This final rule will be effective on 

September 6, 2005, which is the same 

effective date of the March 4, 2005 

Manifest Final Rule. We believe this 

approach will minimize confusion 

about the new manifest form and 

procedures. 

III. Why Is This Correction Issued as a 

Final Rule? 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(B), provides when an agency for 

good cause finds that notice and public 

procedures are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. We 

have determined that there is good 

cause for making this action final 

without prior proposal and opportunity 

for comment because these corrections 

to the final rule do not change the 

requirements of the final rule. They are 

minor corrections and are not 

controversial. Thus, notice and public 

comment are unnecessary. We find that 

this constitutes good cause under 5 

U.S.C. 553(b)(B). 

IV. Why Are the Clarifications and 

Corrections in This Rule Necessary? 

EPA believes the errors in the March 

4, 2005 Federal Register notice may 

cause confusion about the new manifest 

form and procedures. Therefore, we are 

explaining the corrections below. 

A. Corrections and Clarifications to the 

PRA Burden Statement 

The EPA mailing address contained in 

the PRA burden statement for manifest 

completion is incorrect. We are 

amending the manifest instructions in 

the Appendix to 40 CFR part 262 by 

correcting the EPA mailing instructions 

contained in the PRA burden statement 

so that any correspondence regarding 

Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Rules and Regulations 35035

the manifest burden estimate is sent to 

the appropriate division in the Office of 

Information Collection. We also are 

amending the PRA burden statement by 

removing the mailing address for the 

Office of Management and Budget. Any 

correspondence regarding the PRA 

burden statement for the manifest must 

be sent to the Director of the Collection 

Strategies Division in EPA’s Office of 

Information Collection at the following 

address: U.S. Environmental Protection 

Agency (2822T), 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

B. Corrections to Item 5 of the Manifest 

Form Instructions 

Item 5 instructions require a manifest 

preparer to enter the generator’s name, 

the mailing address to which the 

completed manifest signed by the 

designated facility should be mailed, 

and the generator’s telephone number 

(including the area code). However, the 

instructions published on March 4 

incorrectly state that the telephone 

number should be the number where 

the generator or his authorized agent 

may be reached to provide instructions 

in the event of an emergency. Given that 

Item 3 already requires an emergency 

phone number, that information does 

not need to be repeated in Item 5. 

Instead, the number provided in Item 5 

should be the normal business phone 

number for the generator, or the number 

where the generator or his authorized 

agent may be reached to provide 

instructions in the event the designated 

and/or alternate (if any) facility rejects 

some or all of the shipment. Therefore, 

we are correcting the Item 5 instruction 

accordingly. 

C. Corrections to Item 15 of the Manifest 

Instructions 

The wording of the shipper’s 

certification statement contained in the 

Generator’s certification on the 

manifest, and the wording of the 

shipper’s certification statement 

contained in the instructions to Item 15 

are different. This final rule corrects the 

wording in the shipper’s certification 

statement contained in the instructions 

to Item 15 so that it matches exactly the 

wording in the Generator’s certification 

on the manifest. The corrected wording 

in the instructions is as follows: 

‘‘I hereby declare that the contents of 

this consignment are fully and 

accurately described above by the 

proper shipping name, and are 

classified, packaged, marked, and 

labeled/placarded, and are in all 

respects in proper condition for 

transport by highway according to 

applicable international and national 

governmental regulations. If export 

shipment and I am the Primary 

Exporter, I certify that the contents of 

this consignment conform to the terms 

of the attached EPA Acknowledgment of 

Consent.’’

D. Corrections and Clarifications to 40 

CFR 262.33 and to 262.20(a)(2) 

In the May 2001 proposed rule, EPA 

proposed to amend 40 CFR 262.33 by 

referencing an existing DOT marking 

regulation (49 CFR 171.3(b)(1)) in 40 

CFR part 262.33, which requires 

hazardous material (Hazmat) carriers 

(i.e., transporters) to mark their name 

and motor carrier identification number 

on their vehicles. We proposed this 

change and subsequently retained it in 

the March 4, 2005 final rule to make 

generators aware of the DOT 

requirement, and because we believed 

that generators also are required to mark 

transportation vehicles, according to 49 

CFR 171.3(b)(1), in situations where 

placards are not required. We did not 

intend to create new marking 

requirements for hazardous waste 

generators; rather, we added the 

reference to 49 CFR 171.3(b)(1) because 

at that time we understood the existing 

DOT regulation to apply to both 

generators and transporters. However, 

we now understand that 49 CFR 

171.3(b)(1) only applies to persons who 

accept for transportation, transport, or 

deliver hazardous waste (i.e., carriers or 

transporters), and it is therefore 

inappropriate to include this reference 

in EPA’s generator regulations. This 

final rule deletes the DOT reference to 

49 CFR 171.3(b)(1) from the placarding 

requirement at 40 CFR 262.33 and 

reinstates the placarding provisions that 

were in effect prior to the March 4, 2005 

final rule. Therefore, existing generator 

marking requirements remain 

unchanged. Generators must placard or 

offer the initial transporter the 

appropriate placards according to DOT 

regulations in part 172, subpart F of 

Chapter 49 of the CFR, before 

transporting hazardous waste or offering 

hazardous waste for transportation offsite. Per the correction made to 40 CFR 

part 262.33 in this final rule, we also are 

correcting 40 CFR 262.20(a)(2). The 

reference to 40 CFR 262.33 in that 

section no longer is relevant. Therefore, 

we are removing it accordingly. 

E. Corrections to 40 CFR 264.72(e)(4) 

and to 265.72(e)(4) 

Paragraph (e)(4) in 40 CFR 264.72 and 

in 265.72 incorrectly contains the words 

‘‘of this chapter’’ at the end of the 

sentence. These words are not 

necessary, and this notice corrects the 

error by removing those words from the 

end of the sentence in 40 CFR 

264.72(e)(4) and in 265.72(e)(4). 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order No. 12866 (58 

FR 51735, October 4, 1993), Federal 

agencies must determine whether a 

regulatory action is ‘‘significant’’ and 

therefore subject to OMB review and the 

requirements of the Executive Order. 

The Order defines a ‘‘significant 

regulatory action’’ as one that is likely 

to result in a rule that may: ‘‘(1) Have 

an annual effect on the economy of $100 

million or more or adversely affect, in 

a material way, the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities; (2) create 

serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients; or, (4) raise novel legal or 

policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order.’’

Pursuant to the terms of Executive 

Order 12866, it has been determined 

that this rule is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 and is therefore 

not subject to OMB review. 

B. Paperwork Reduction Act 

This final rule corrects errors in a 

previous rule and does not create any 

new regulatory requirements, and thus 

it does not contain any information 

collections subject to OMB approval 

under the Paperwork Reduction Act 

(PRA), 44 U.S.C. 3501 et seq.

C. Regulatory Flexibility Analysis 

The Regulatory Flexibility Act (RFA), 

as amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (SBREFA), 5 U.S.C. 601 et. seq., 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute, unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. EPA has determined that 

today’s rule will not have significant 

35036 Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Rules and Regulations 

economic impact on a substantial 

number of small entities. The rule does 

not impose any additional burdens on 

small entities because it does not create 

any new regulatory requirements. 

Therefore, EPA has determined that it is 

appropriate to certify that this rule will 

not have a significant economic impact 

on a substantial number of small 

entities.

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and tribal governments and the private 

sector. For the reason described above, 

the rule does not create any new 

requirements, anddoes not contain a 

Federal mandate that may result in 

expenditures of $100 million or more to 

State, local, or tribal governments in the 

aggregate, or for the private sector. The 

rule likewise contains no regulatory 

requirements that might significantly or 

uniquely affect small governments 

under section 203 of the UMRA and 

imposes no burdens that may result in 

annual expenditures of $100 million or 

more. Accordingly, the requirements of 

UMRA do not apply. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires Federal agencies to 

develop an accountable process to 

ensure ‘‘meaningful and timely input by 

State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ The 

Executive Order defines ‘‘policies that 

have federalism implications’’ to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ This rule does 

not create any new Federal 

requirements. Therefore, this final rule 

does not have federalism implications, 

and it would not have substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government, as 

specified in Executive Order 13132. 

F. Executive Order 13175: Consultation 

With Tribal Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’

This final rule does not have tribal 

implications, as specified in Executive 

Order 13175. It does not impose any 

new requirements on tribal officials nor 

does it impose substantial direct 

compliance costs on them. This rule 

does not create a mandate for tribal 

governments, nor does it impose any 

enforceable duties on these entities. 

This rule corrects errors to existing 

regulations governing the tracking of 

hazardous waste from a generator’s site 

to the site of its disposition. Thus, 

Executive Order 13175 does not apply 

to this rule. 

G. Executive Order 13045: Protection of 

Children—Applicability of Executive 

Order 13045 

The Executive Order 13045, entitled 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997) 

applies to any rule that EPA determines 

(1) to be ‘‘economically significant’’ as 

defined under Executive Order 12866, 

and (2) concerns an environmental 

health or safety risk that EPA has reason 

to believe may have a disproportionate 

effect on children. If the regulatory 

action meets both criteria, the Agency 

must evaluate the environmental health 

or safety effects of the planned rule on 

children, and explain why the planned 

regulation is preferable to other 

potentially effective and reasonably 

feasible alternatives considered. 

This correction is not subject to 

Executive Order 13045 because it is not 

an economically significant regulatory 

action as defined by Executive Order 

12866, and it does not involve decisions 

on environmental health risks or safety 

risks that may disproportionately affect 

children. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not a ‘‘significant energy 

action’’ as defined in Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) because this correction does 

not create any new Federal 

requirements, and it will not have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, section 12(d) (15 U.S.C. 272 

note) directs EPA to use voluntary 

consensus standards in its regulatory 

activities, unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. The NTTAA directs 

EPA to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. This 

correction does not involve technical 

standards. Therefore, EPA is not 

considering the use of any voluntary 

consensus standards. 

J. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register.

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This rule 

will become effective on September 6, 

2005.

List of Subjects 

40 CFR Part 262 

Environmental protection, Exports, 

Hazardous materials transportation, 

Hazardous waste, Imports, Labeling, 

Packaging and containers, Reporting 

and recordkeeping requirements. 

40 CFR Part 264 

Environmental protection, Hazardous 

waste, Packaging and containers, 

Reporting and recordkeeping 

requirements, Security measures. 

40 CFR Part 265 

Environmental protection, Hazardous 

waste, Packaging and containers, 

Reporting and recordkeeping 

requirements.

Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Rules and Regulations 35037

Dated: June 10, 2005. 

Stephen L. Johnson, 

Administrator.

■ For the reasons stated in the preamble, 

title 40, chapter 1 of the Code of Federal 

Regulations is amended as follows:

PART 262—STANDARDS APPLICABLE 

TO GENERATORS OF HAZARDOUS 

WASTE

■ 1. The authority citation for part 262 

continues to read as follows:

Authority: 42 U.S.C. 6906, 6912, 6922–

6925, 6937, and 6938.

■ 2. Section 262.20 is amended by 

revising paragraph (a)(2) to read as 

follows:

§ 262.20 General Requirements

* * * * *

(a) * * * 

(2) The revised manifest form and 

procedures in 40 CFR 260.10, 261.7, 

262.20, 262.21, 262.27, 262.32, 262.34, 

262.54, 262.60, and the appendix to part 

262, shall not apply until September 5, 

2006. The manifest form and procedures 

in 40 CFR 260.10, 261.7, 262.20, 262.21, 

262.32, 262.34, 262.54, 262.60, and the 

Appendix to part 262, contained in the 

40 CFR, parts 260 to 265, edition revised 

as of July 1, 2004, shall be applicable 

until September 5, 2006.

* * * * *

■ 3. Section 262.33 is revised to read as 

follows:

§ 262.33 Placarding. 

Before transporting hazardous waste 

or offering hazardous waste for 

transportation off-site, a generator must 

placard or offer the initial transporter 

the appropriate placards according to 

Department of Transportation 

regulations for hazardous materials 

under 49 CFR part 172, subpart F.

■ 4. The appendix to part 262 is 

amended by adding the manifest form 

(EPA Form 8700–22) and continuation 

sheet (EPA Form 8700–22A) into the 

corresponding manifest instructions, by 

revising paragraph 2 of the introductory 

text (the manifest Paperwork Reduction 

Act burden statement), the two 

paragarpahs preceeding the Instructions 

for Generators, and by revising Item 5 

and Item 15 of the manifest instructions 

to read as follows: 

Appendix to Part 262—Uniform 

Hazardous Waste Manifest and 

Instructions (EPA Forms 8700–22 and 

8700–22a and Their Instructions) U.S. 

EPA Form 8700–22

* * * * *

2. Federal regulations require generators 

and transporters of hazardous waste and 

owners or operators of hazardous waste 

treatment, storage, and disposal facilities to 

complete this form (FORM 8700–22) and, if 

necessary, the continuation sheet (FORM 

8700–22A) for both inter- and intrastate 

transportation of hazardous waste.

BILLING CODE 6560–50–P

35038 Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Rules and Regulations 


ER16JN05.012</GPH>
Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Rules and Regulations 35039

Manifest 8700–22

The following statement must be 

included with each Uniform Hazardous 

Waste Manifest, either on the form, in 

the instructions to the form, or 

accompanying the form: 

Public reporting burden for this 

collection of information is estimated to 

average: 30 minutes for generators, 10 

minutes for transporters, and 25 

minutes for owners or operators of 

treatment, storage, and disposal 

facilities. This includes time for 

reviewing instructions, gathering data, 

completing, reviewing and transmitting 

the form. Any correspondence regarding 

the PRA burden statement for the 

manifest must be sent to the Director of 

the Collection Strategies Division in 

EPA’s Office of Information Collection 

at the following address: U.S. 

Environmental Protection Agency 

(2822T), 1200 Pennsylvania Ave., NW., 

Washington, DC 20460. Do not send the 

completed form to this address. 

I. Instructions for Generators

* * * * *

Item 5. Generator’s Mailing Address, 

Phone Number and Site Address 

Enter the name of the generator, the 

mailing address to which the completed 

manifest signed by the designated 

facility should be mailed, and the 

generator’s telephone number. Note, the 

telephone number (including area code) 

should be the normal business number 

for the generator, or the number where 

the generator or his authorized agent 

may be reached to provide instructions 

in the event the designated and/or 

alternate (if any) facility rejects some or 

all of the shipment. Also enter the 

physical site address from which the 

shipment originates only if this address 

is different than the mailing address.

* * * * *

Item 15. Generator’s/Offeror’s 

Certifications 

1. The generator must read, sign, and 

date the waste minimization 

certification statement. In signing the 

waste minimization certification 

statement, those generators who have 

not been exempted by statute or 

regulation from the duty to make a 

waste minimization certification under 

section 3002(b) of RCRA are also 

certifying that they have complied with 

the waste minimization requirements. 

The Generator’s Certification also 

contains the required attestation that the 

shipment has been properly prepared 

and is in proper condition for 

transportation (the shipper’s 

certification). The content of the 

shipper’s certification statement is as 

follows: ‘‘I hereby declare that the 

contents of this consignment are fully 

and accurately described above by the 

proper shipping name, and are 

classified, packaged, marked, and 

labeled/placarded, and are in all 

respects in proper condition for 

transport by highway according to 

applicable international and national 

governmental regulations. If export 

shipment and I am the Primary 

Exporter, I certify that the contents of 

this consignment conform to the terms 

of the attached EPA Acknowledgment of 

Consent.’’ When a party other than the 

generator prepares the shipment for 

transportation, this party may also sign 

the shipper’s certification statement as 

the offeror of the shipment. 

2. Generator or Offeror personnel may 

preprint the words, ‘‘On behalf of’’ in 

the signature block or may hand write 

this statement in the signature block 

prior to signing the generator/offeror 

certification, to indicate that the 

individual signs as the employee or 

agent of the named principal.

Note: All of the above information except 

the handwritten signature required in Item 15 

may be pre-printed.

* * * * *

Item 20. Designated Facility Owner or 

Operator Certification of Receipt 

(Except as Noted in Item 18a)

* * * * *

35040 Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Rules and Regulations 

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ER16JN05.013</GPH>
Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Rules and Regulations 35041

Instructions—Continuation Sheet, U.S. 

EPA Form 8700–22A

* * * * *

PART 264—STANDARDS FOR 

OWNERS AND OPERATORS OF 

HAZARDOUS WASTE TREATMENT, 

STORAGE, AND DISPOSAL 

FACILITIES

■ 5. The authority citation for part 264 

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6924, 

and 6925.

Subpart E—Manifest System, 

Recordkeeping, and Reporting

■ 6. Section 264.72 is amended by 

revising paragraph (e)(4) to read as 

follows:

§ 264.72 Manifest discrepancies.

* * * * *

(e) * * * 

(4) Copy the manifest tracking number 

found in Item 4 of the new manifest to 

the manifest reference number line in 

the Discrepancy Block of the old 

manifest (Item 18a).

* * * * *

PART 265—INTERIM STATUS 

STANDARDS FOR OWNERS AND 

OPERATORS OF HAZARDOUS WASTE 

TREATMENT, STORAGE, AND 

DISPOSAL FACILITIES

■ 7. The authority citation for part 265 

continues to read as follows:

Authority: 42 U.S.C. 6905, 6906, 6912, 

6922, 6923, 6924, 6925, 6935, 6936, and 

6937, unless otherwise noted.

Subpart E—Manifest System, 

Recordkeeping, and Reporting

■ 8. Section 265.72 is amended by 

revising paragraph (e)(4) to read as 

follows:

§ 265.72 Manifest discrepancies.

* * * * *

(e) * * * 

(4) Copy the manifest tracking number 

found in Item 4 of the new manifest to 

the manifest reference number line in 

the Discrepancy Block of the old 

manifest (Item 18a).

* * * * *

[FR Doc. 05–11915 Filed 6–15–05; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 192 

[Docket No. RSPA–03–15852; Amdt. Nos. 

192–99, 195–83] 

RIN 2137–AD96 

Pipeline Safety: Pipeline Operator 

Public Awareness Program

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), U.S. Department of 

Transportation (DOT).

ACTION: Final rule; correction.

SUMMARY: PHMSA is correcting a Final 

Rule published in the Federal Register

on May 19, 2005 (70 FR 28833). That 

Final Rule amended requirements for 

pipeline operators in 49 CFR parts 192 

and 195 to develop and implement 

public awareness programs and 

incorporated by reference the guidelines 

of the American Petroleum Institute 

(API) Recommended Practice (RP) 1162. 

The document was assigned the 

amendment numbers 192–100 and 195–

84, which were already assigned to 

different amendments. This document 

corrects the amendment numbers, and 

corrects the language amending part 192 

so that it is consistent with part 195.

DATES: Effective June 20, 2005.

FOR FURTHER INFORMATION CONTACT:

Blaine Keener by phone at 202–366–

0970, by mail at 400 7th St. SW., Room 

2103, Washington, DC 20590, or by email at blaine.keener@dot.gov.

SUPPLEMENTARY INFORMATION: On May 

19, 2005, PHMSA published a Final 

Rule in the Federal Register entitled 

‘‘Pipeline Safety: Pipeline Operator 

Public Awareness Program’’ (70 FR 

28833) under amendment numbers 192–

100 and 195–84. PHMSA discovered 

that a rule published on March 3, 2005 

entitled ‘‘Pipeline Safety: Operator 

Qualifications; Statutory Changes’’ had 

been assigned unsequential amendment 

numbers and already existed as 

amendments 192–100 and 195–84. 

Since the existing amendment numbers 

are already in use, this document 

corrects the amendment numbers for the 

Final Rule ‘‘Pipeline Safety: Operator 

Public Awareness Program’’ to reflect 

correct numbering as 192–99 and 195–

83. 

The Operator Public Awareness 

Program Final Rule incorporated by 

reference API RP 1162 into 49 CFR parts 

192 and 195. After the rule’s 

publication, PHMSA received a request 

to clarify the difference between the 

requirements in 195.440 (c) and 192.616 

(c). The comment identified a language 

inconsistency requiring operators to 

‘‘follow the general program 

recommendations of API RP 1162’’ in 

part 192, while part 195 specified that 

the operator ‘‘must follow the general 

program recommendations, including 

baseline and supplemental requirements 

of API RP 1162’’. 

PHMSA intended the amending 

language in parts 192 and 195 to be 

consistent. The language used in part 

192 should match the language in part 

195, which clarifies that the operator 

must follow both baseline and 

supplemental requirements of API RP 

1162. In consideration of the foregoing, 

PHMSA corrects 49 CFR part 192 by 

making the following correcting 

amendments:

List of Subjects in 49 CFR Part 192 

Pipeline safety and Reporting and 

recordkeeping requirements.

PART 192—TRANSPORTATION OF 

NATURAL AND OTHER GAS BY 

PIPELINE: MINIMUM FEDERAL 

SAFETY STANDARDS

■ 1. The authority citation for part 192 

continues to read as follows:

Authority: 49 U.S.C. 5103, 60102, 60104, 

60108, 60109, 60110, 60113, 60116, and 

60118; and 49 CFR 1.53.

■ 2. Section 192.616 paragraph (c) is 

revised to read as follows:

§ 192.616 Public awareness.

* * * * *

(c) The operator must follow the 

general program recommendations, 

including baseline and supplemental 

requirements of API RP 1162, unless the 

operator provides justification in its 

program or procedural manual as to 

why compliance with all or certain 

provisions of the recommended practice 

is not practicable and not necessary for 

safety.

* * * * *

Issued in Washington, DC, on June 10, 

2005. 

Stacey L. Gerard, 

Acting Assistant Administrator/Chief Safety 

Officer.

[FR Doc. 05–11865 Filed 6–15–05; 8:45 am] 

BILLING CODE 4910–60–P