[Federal Register Volume 77, Number 58 (Monday, March 26, 2012)]
[Proposed Rules]
[Pages 17394-17401]
[FR Doc No: 2012-7169]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 173

[Docket No. PHMSA-2010-0201 (HM-254)]
RIN 2137-AE62

Hazardous Materials: Approval and Communication Requirements for
the Safe Transportation of Air Bag Inflators, Air Bag Modules, and
Seat-Belt Pretensioners

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

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: In this NPRM, PHMSA is proposing to revise the Hazardous
Materials Regulations applicable to air bag inflators, air bag modules,
and seat-belt pretensioners. The proposed changes would incorporate the
provisions of two special permits into the regulations. In addition,
PHMSA proposes to revise the current approval and documentation
requirements for a material appropriately classified as a

UN3268 air bag inflator, air bag module, or seat-belt pretensioner. The
proposed changes will, if adopted, reduce the regulatory burden on the
automotive industry while maintaining the current level of safety.

DATES: Comments must be submitted by May 25, 2012. To the extent
possible, PHMSA will consider late-filed comments as a final rule is
developed.

ADDRESSES: You may submit comments identified by the docket number
(PHMSA-2010-0201 (HM-254)) by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: To Docket Operations; Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Instructions: All submissions must include the agency name and
docket number for this notice at the beginning of the comment. All
comments received will be posted without change to the Federal Docket
Management System (FDMS), including any personal information. Please
see the Privacy Act section within the Regulatory Analyses and Notices.
    Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://www.dot.gov.

FOR FURTHER INFORMATION CONTACT: Matthew Nickels, Standards and
Rulemaking Division, Office of Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Summary Review of Proposed Amendments
III. Regulatory Analyses and Notices
IV. List of Subjects

I. Background

    The Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) are
issued by the Pipeline and Hazardous Materials Safety Administration
(PHMSA) and govern the safe transportation of hazardous materials by
highway, rail, vessel, and air. The scope of the HMR includes hazardous
materials classification, packaging, hazard communication, emergency
response information, and training, etc. Furthermore, included within
these provisions are the regulations for the transportation of air bag
inflators, air bag modules, and seat-belt pretensioners in Sec.
173.166.
    Found in Sec.  173.166(a), PHMSA provides definitions for an air
bag inflator (a gas generator used to inflate an air bag in a
supplemental restraint system in a motor vehicle), an air bag module
(the air bag inflator plus an inflatable bag assembly), and a seat-belt
pretensioner (containing similar hazardous materials and is used in the
operation of a seat-belt restraining system in a motor vehicle). In
Sec.  173.166(b)-(f), PHMSA also provides the regulatory requirements
for the classification, EX number assignments, exceptions, packagings,
and labeling requirements for these air bag inflators, air bag modules,
and seat-belt pretensioners.
    In a petition dated June 24, 2008 (P-1523) and two addendums
submitted on February 26, 2009 and June 14, 2011, the North American
Automotive Hazmat Action Committee (NAAHAC), representing numerous
automobile manufacturers and component suppliers located in North
America as well as in Asia and Europe, requested revisions to
requirements in the HMR applicable to safety restraint systems (e.g.,
air bag inflators, air bag modules, and seat-belt pretensioners).
NAAHAC suggests that subjecting Class 9, UN3268 safety restraint
systems to the EX approval process in accordance with Sec.  173.56
imposes an unnecessary burden on the industry that does not advance
safety.
    In addition, NAAHAC suggests that PHMSA incorporate the following
long-standing special permits into the HMR:
     DOT-SP 12332--This special permit authorizes the
transportation in commerce of certain air bag inflators, air bag
modules, and seat-belt pretensioners that meet the requirements for use
in the United States, and have been removed from or were intended to be
used in a motor vehicle without listing the EX-approval numbers or
product names on the shipping papers. This special permit applies to
Class 9, UN3268 materials that are packaged using either of the two
following methods:
    a. Non-specification steel drums with a wall and lid thickness not
less than 20 gauge. The lid must be securely affixed with a lever-
locking or bolted-ring assembly. The threaded bung closure in the top
of the drum must be removed prior to shipment and the bung opening
covered with waterproof plastic tape or a waterproof soft plastic cap
that must easily provide ventilation of the drum contents in the event
of a fire. The drum may be filled with any combination of air bag
inflators, air bag modules, or seat-belt pretensioner devices to a
capacity not greater than fifty (50) percent of the drum's total
volume; inner packagings are not necessary; or
    b. Outer packagings that are UN Standard 4H2 solid plastic boxes or
non-specification rugged reusable plastic containers with either trays
or cushioning material in the containers to prevent movement of
articles during transportation. Inner packagings are static-resistant
plastic bags or trays, as appropriate.
     DOT-SP 13996--This special permit provides relief from
Sec.  173.166(e)(4) in that it authorizes the transportation, under
certain conditions, of Class 9, UN3268 air bag inflators, air bag
modules and seat-belt pretensioners in reusable containers manufactured
from high-strength plastic, metal, or other suitable material, or other
dedicated handling devices.
    As stated above, in addition to NAAHAC's petition suggesting that
subjecting Class 9, UN3268 safety restraint systems to the EX approval
process in accordance with Sec.  173.56 imposes an unnecessary burden
on the industry that does not advance safety, the petition also
suggests that PHMSA incorporate these two long-standing special permits
into the HMR. PHMSA agrees with the petition and proposes to amend the
HMR to incorporate certain requirements based on these two existing
special permits issued under 49 CFR Part 107, Subpart B (Sec. Sec.
107.101 to 107.127). These special permits set forth alternative
requirements (variances) to the requirements in the HMR by means that
achieve a safety level that at the least corresponds to the safety
level required under the regulations and that is consistent with the
public interest. Congress expressly authorized DOT to issue variances
in the Hazardous Materials Transportation Act of 1975, when
appropriate.

    The HMR generally are performance-oriented regulations that provide
the regulated community a certain amount of flexibility in meeting
safety requirements. Even so, not every transportation situation can be
anticipated and built into the regulations. The hazardous materials
community is particularly strong at developing new materials and
technologies and innovative ways of moving materials. Special permits
enable the hazardous materials industry to quickly, effectively and
safely integrate new products and technologies into the production and
transportation stream. Thus, special permits allow developing products
and technologies to move in commerce for testing and other purposes,
promote increased transportation efficiency and productivity, and
support global competitiveness.
    A special permit must achieve at least an equivalent level of
safety to that specified in the HMR. Implementation of new technologies
and operational techniques can enhance safety because the authorized
operations or activities achieve a greater level of safety than
currently required under the regulations. Special permits also reduce
the volume and complexity of the HMR by addressing unique or infrequent
transportation situations that would be difficult to accommodate in
regulations intended for use by a wide range of shippers and carriers.
PHMSA conducts ongoing reviews of special permits to identify widely-
used and longstanding special permits with established safety records
for incorporation into the HMR for broader applicability.
    Incorporating these two special permits into regulations reduces
paperwork burdens and facilitates commerce while maintaining an
acceptable level of safety. Additionally, adoption of special permits
as rules of general applicability provides wider access to the benefits
and regulatory flexibility of the provisions granted in the special
permits. Factors that influence whether a specific special permit is a
candidate for regulatory action include: The safety record for
hazardous materials transported; transportation operations conducted
under a special permit; the potential for broad application of a
special permit; suitability of provisions in the special permit for
incorporation into the HMR; rulemaking activity in related areas; and
agency priorities.
    Regarding the proper classifying of air bag inflators, air bag
modules, and seat-belt pretensioners, NAAHAC notes that it is the
responsibility of the device manufacturer to ensure that testing,
verification, and classification of its products has been conducted in
accordance with the HMR. Special Provision 160 (see Sec.  172.102 of
the HMR) requires the manufacturer to get the air bag inflators, air
bag modules, and seat-belt pretensioners tested by a DOT explosives
test lab, in accordance with Test series 6(c) of Part I of the UN
Manual of Tests and Criteria (incorporated by reference; see Sec.
171.7 of the HMR), and then the manufacturer must submit a hazard
classification recommendation from that DOT explosives test lab to the
DOT. This test is performed to ensure that air bag inflators, air bag
modules, and seat-belt pretensioners meet the criteria for
classification as Class 9 materials. To pass the test there must be no
fragmentation of the device casing or pressure vessel, and no
projection hazard or thermal effect that would significantly hinder
emergency response efforts in the immediate vicinity. Failure of Test
series 6(c) necessitates treatment as an explosive in Class 1,
including the EX approval process and inclusion of the EX number on the
shipping documentation.
    NAAHAC indicates that the current requirement to reference the EX
number on the shipping paper for Class 9, UN3268 safety restraint
systems is a burden that offers little in terms of hazard communication
or transportation safety. In fact, NAAHAC states that the requirement
imposes unnecessary costs to obtain, record, and transfer the EX number
to shipping documents. According to NAAHAC, the industry-wide costs
associated with first verifying and then transferring the EX number to
the shipping paper is in excess of $890,000.00 annually.

II. Summary Review of Proposed Amendments

    PHMSA agrees with the petitioner that requiring Class 9 air bag
inflators, air bag modules, and seat-belt pretensioners to be subjected
to the EX approval process is unnecessarily burdensome and that
eliminating the approval requirement will not adversely affect safety.
Further, PHMSA agrees that incorporating the terms of DOT-SP 12332 and
DOT-SP 13996 into the HMR will promote compliance and safety. As a
result, PHMSA proposes to revise Sec.  173.166 to address the concerns
highlighted in NAAHAC's petition. PHMSA believes changes proposed by
this NPRM will promote the safe transportation of Class 9 air bag
inflators, air bag modules, and seat-belt pretensioners, while
significantly reducing the financial burden on the automotive industry
for shipping these devices. The changes proposed by this NPRM are
described in detail below.

A. Approval Process

    In this NPRM, PHMSA proposes to allow manufacturers of air bag
inflators, air bag modules, or seat-belt pretensioners to receive a
classification of Class 9 (UN3268) to new designs that pass Test series
6(c) of the UN Manual of Tests and Criteria--currently required by
Special Provision 160. As proposed, an air bag inflator, air bag
module, or seat-belt pretensioner may be classed as Class 9 (UN3268) if
the air bag inflator, air bag module, or seat-belt pretensioner design
is examined and successfully tested by a person or agency (authorized
testing agency) who is authorized by the Associate Administrator to
perform such examination and testing of explosives under 173.56(b)(1).
    As proposed in this NPRM, persons who test and examine air bag
inflators, air bag modules, or seat-belt pretensioners will be required
to provide a detailed report on each tested design to the manufacturer.
Key components of the report include a description of the design;
explanation of the tests performed and results; and a recommended
classification for tested designs. The manufacturer must retain the
report for as long as the design is in production and for 15 years
thereafter. Additionally, the manufacturer must make the report
available to Department officials upon request. This record retention
requirement ensures that a detailed test report of each air bag
inflator, air bag module, or seat-belt pretensioner design is
maintained and available for the useful life of the device. These
records may be used to verify the accuracy and validity of the tests
and classification recommendation.
    In summary, the proposed amendment provides manufacturers of air
bag inflators, air bag modules, or seat-belt pretensioners with the
option to utilize new designs that are proven to meet the criteria of a
Class 9 through established test criteria, without receiving an EX
approval from PHMSA. The result is a significant cost savings and no
change in the level of safety. Additionally, we propose to permit
manufacturers to continue to receive EX approval by submitting their
designs for examination and testing in accordance with Sec.  173.56(b)
if they so choose.
    Air bag inflators, air bag modules, or seat-belt pretensioners that
meet the criteria for a Division 1.4G explosive, (e.g., a device that
fails Test series 6(c) of the UN Manual of Tests and Criteria, as
provided by Special Provision 160) must continue to be approved by

PHMSA in accordance with the explosive examination, classification, and
approval process in Sec.  173.56(b).

B. Shipping Papers

    PHMSA is proposing in this NPRM to except Class 9 air bag
inflators, air bag modules, or seat-belt pretensioners assigned to
UN3268 from the requirement to provide the EX number on the shipping
paper. As suggested by NAAHAC, the documentation requirement imposes a
cost burden, but does not provide a safety benefit.

C. Safety Restraint Systems Installed in Vehicles

    In this NPRM, PHMSA proposes to clarify that a safety restraint
device that is installed in a vehicle or vehicle component is not
subject to the HMR. This change makes it clear that the exception will
continue to apply to Class 9, UN3268 materials that are not approved by
the Associate Administrator.

D. Packaging

    In this NPRM, PHMSA is also proposing to authorize the use of non-
DOT specification, reusable containers manufactured from high strength
plastic, metal, or other suitable material, or other dedicated handling
devices, for transportation of air bag inflators, air bag modules, and
seat-belt pretensioners. This change would incorporate the provisions
of Special Permit DOT-SP 13996 into the HMR. The special permit has
been in effect since 2005, and has been utilized by 31 grantees with no
known safety problems. A review of the Hazardous Materials Incident
Data library did not reveal any incidents related to this special
permit since the date of its issuance.
    Special Permit DOT-SP 13996 allows the specified packaging to be
used for transportation from the manufacturing facility to an
intermediate handling location; from an intermediate handling location
to the assembly facility; from the assembly facility to an intermediate
handling location; from the intermediate handling location back to the
manufacturing facility; or from the assembly facility directly to the
manufacturer with no intermediate facility involved. As proposed in
this NPRM, there would be no limit on the use of the authorized
packaging to transportation between specific destinations. However, no
modifications or changes may be made to the original package and the
transportation must be made by private or contract carrier. By
requiring no modifications to the original package, this will ensure
that adequate packaging and handling considerations are maintained.
    In this NPRM, PHMSA also proposes to authorize additional packaging
alternatives for air bag inflators, air bag modules, and seat-belt
pretensioners that have been removed from, or were intended to be used
in, a motor vehicle that meets the requirements for use in the United
States. The proposed change would incorporate the provisions of Special
Permit DOT-SP 12332 into the HMR. The special permit has been in effect
since 2000, and has been utilized by more than 2,100 grantees with no
known safety problems. A review of the Hazardous Materials Incident
Data library did not reveal any incidents related to this special
permit since the date of its issuance. In accordance with the special
permit, this additional packaging option would be limited to devices
that are offered for transportation and transported domestically by
highway.

E. Shipments for Recycling/Reuse

    In this NPRM, we did not propose any changes to the requirements
for shipping air bag modules or seat-belt pretensioners for recycling.
In the current HMR, when offered for domestic transportation by
highway, rail freight, cargo vessel or cargo aircraft, a serviceable
air bag module or seat-belt pretensioner removed from a motor vehicle
that was manufactured as required for use in the U.S. may be offered
for transportation and transported without compliance with the shipping
paper requirement prescribed in Sec.  173.166(c), but the word
``Recycled'' must be entered on the shipping paper immediately after
the basic description prescribed in Sec.  172.202. However, we believe
that the word ``Reuse'' might be a more appropriate description for the
actual action that is taking place. We request comments regarding a
potential change from the word ``Recycled'' to ``Reuse'' that would
appear on shipping papers in accordance with an altered Sec.
173.166(d)(4).

F. Additional Packaging Authorizations

    To maintain alignment of the HMR with international requirements,
in this NPRM, we are proposing to incorporate changes based on the
Seventeenth revised edition of the UN Model Regulations. Specifically,
in addition to the packagings authorized currently in Sec.
173.166(e)(1), (e)(2), and (e)(3), we propose to permit 1N2 and 1D
drums, 3B2 jerricans, and 4A, 4B, 4N, and 4H1 boxes.

III. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This notice of proposed rulemaking is published under the authority
of 49 U.S.C. 5103(b) which authorizes the Secretary to prescribe
regulations for the safe transportation, including security, of
hazardous material in intrastate, interstate, and foreign commerce. 49
U.S.C. 5117(a) authorizes the Secretary of Transportation to issue a
special permit from a regulation prescribed in 5103(b), 5104, 5110, or
5112 of the Federal Hazardous Materials Transportation Law to a person
transporting, or causing to be transported, hazardous material in a way
that achieves a safety level at least equal to the safety level
required under the law, or consistent with the public interest, if a
required safety level does not exist. If adopted as proposed, the final
rule would amend the regulations incorporating a petition and
provisions from certain widely-used and longstanding special permits
that have established a history of safety and which may, therefore, be
converted into the regulations for general use.

B. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures

    This notice of proposed rulemaking 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.
Furthermore, this rule is not significant under the Regulatory Policies
and Procedures of the Department of Transportation (44 FR 11034).
    Executive Order 13563 is supplemental to and reaffirms the
principles, structures, and definitions governing regulatory review
that were established in Executive Order 12866 Regulatory Planning and
Review of September 30, 1993. By building off of each other, these two
Executive Orders 12866 and 13563 require agencies to regulate in the
``most cost-effective manner,'' to make a ``reasoned determination that
the benefits of the intended regulation justify its costs,'' and to
develop regulations that ``impose the least burden on society.''
    In this NPRM, the proposed amendments to the HMR will not impose
increased compliance costs on the regulated industry. Rather, the
proposed rule incorporates current approval procedures for the
transportation of air bag inflators, air bag modules, and seat-belt
pretensioners into the HMR and provides additional

flexibility for persons seeking to obtain such approval. In addition,
the proposals in this NPRM will reduce the paperwork burden on industry
and this agency caused by continued renewals of special permits. The
provisions of this proposed rule will promote the continued safe
transportation of hazardous materials while reducing transportation
costs for the industry and administrative costs for the agency.
Therefore, the requirements of Executive Orders 12866 and 13563, and
the DOT policies and procedures concerning these orders have been
satisfied. Overall, this proposed rule should reduce the compliance
burden on the regulated industry without compromising transportation
safety.

C. Executive Order 13132

    This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132
(``Federalism''). This proposed rule would preempt State, local, and
Indian tribe requirements but does not propose any regulation that 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. Therefore, the
consultation and funding requirements of Executive Order 13132 do not
apply.
    The Federal hazardous materials transportation law, 49 U.S.C. 5101-
5127, contains an express preemption provision (49 U.S.C. 5125(b)) that
preempts State, local, and Indian tribe requirements on the following
subjects:
    (1) The designation, description, and classification of hazardous
materials;
    (2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
    (5) The design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
    This proposed rule addresses subject areas (1), (3), and (5),
above. If adopted as final, this rule would preempt any State, local,
or Indian tribe requirements concerning these subjects unless the non-
Federal requirements are ``substantively the same'' as the Federal
requirements. Furthermore, this proposed rule is necessary to update,
clarify, and provide relief from regulatory requirements.
    Federal hazardous materials transportation law provides at Sec.
5125(b)(2) that, if DOT issues a regulation concerning any of the
covered subjects, DOT must determine and publish in the Federal
Register the effective date of Federal preemption. The effective date
may not be earlier than the 90th day following the date of issuance of
the final rule and not later than two years after the date of issuance.
PHMSA has determined that the effective date of Federal preemption for
these requirements will be one year from the date of publication of a
final rule in the Federal Register.

D. Executive Order 13175

    This NPRM has been analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this NPRM does
not significantly or uniquely affect the communities of the Indian
tribal governments and does not impose substantial direct compliance
costs, the funding and consultation requirements of Executive Order
13175 do not apply.

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. The
proposed rule will not impose increased compliance costs on the
regulated industry. Rather, the proposed rule incorporates current
approval procedures for the transportation of air bag inflators, air
bag modules, and seat-belt pretensioners into the HMR and provides
additional flexibility for persons seeking to obtain such approval. In
addition, the proposed rulemaking excepts certain shipments from the
specific documentation requirements of the HMR; these exception
provisions will increase shipping options and reduce shipment costs.
Overall, this proposed rule should reduce the compliance burden on the
regulated industry without compromising transportation safety.
Therefore, we certify that this proposed rulemaking will not have a
significant or negative economic impact on a substantial number of
small entities, and in reality should provide a slight positive
economic benefit (i.e., reduced compliance burden) for those small
entities.
    This notice has been developed in accordance with Executive Order
13272 (``Proper Consideration of Small Entities in Agency Rulemaking'')
and DOT's procedures and policies to promote compliance with the
Regulatory Flexibility Act to ensure that potential impacts of draft
rules on small entities are properly considered.

F. Paperwork Reduction Act

    PHMSA currently has an approved information collection under Office
of Management and Budget (OMB) Control Number 2137-0051, entitled
``Rulemaking, Special Permits, and Preemption Requirements,'' with an
expiration date of April 30, 2014. This NPRM may result in a decrease
in the annual burden and costs under OMB Control Number 2137-0051 due
to proposed changes to incorporate provisions contained in certain
widely-used or longstanding special permits that have an established
safety record.
    PHMSA also has an approved information collection under OMB Control
Number 2137-0557, entitled ``Approvals for Hazardous Materials,'' with
an expiration date of May 31, 2014. While this NPRM may result in a
slight increase in the annual burden and cost to OMB Control Number
2137-0557 for proposed minor recordkeeping requirements under Sec.
173.166, this NPRM should result in an overall decrease in the annual
burden and cost to OMB Control Number 2137-0557 due to the larger cost
savings of reducing the number of approvals required by testers of air
bags and air bag modules.
    PHMSA has an approved information collection under OMB Control
Number 2137-0034, entitled ``Hazardous Materials Shipping Papers and
Emergency Response.'' This NPRM may result in a decrease in the annual
burden and cost due to shippers no longer being required to put the EX
numbers on shipping papers for air bag modules.
    Under the Paperwork Reduction Act of 1995, no person is required to
respond to an information collection unless it has been approved by OMB
and displays a valid OMB control number. Section 1320.8(d), title 5,
Code of Federal Regulations requires that PHMSA provide interested
members of the public and affected agencies an opportunity to comment
on information and recordkeeping requests.
    This notice identifies revised information collection requests that
PHMSA will submit to OMB for

approval based on the requirements in this proposed rule. PHMSA has
developed burden estimates to reflect changes in this proposed rule and
estimates that the information collection and recordkeeping burdens
would be revised as follows:

    OMB Control No. 2137-0051:
Decrease in Annual Number of Respondents: 45
Decrease in Annual Responses: 45
Decrease in Annual Burden Hours: 360
Decrease in Annual Burden Costs: $18,000.00

    OMB Control No. 2137-0557:
Decrease in Annual Number of Respondents: 207
Decrease in Annual Responses: 207
Decrease in Annual Burden Hours: 569.25
Decrease in Annual Burden Costs: $11,385.00

    OMB Control No. 2137-0034:
Decrease in Annual Number of Respondents: 207
Decrease in Annual Responses: 15,500
Decrease in Annual Burden Hours: 285.33
Decrease in Annual Burden Costs: $5,706.60

    PHMSA specifically requests comments on the information collection
and recordkeeping burdens associated with developing, implementing, and
maintaining these requirements for approval under this proposed rule.
    Requests for a copy of this information collection should be
directed to Steven Andrews or T. Glenn Foster, Office of Hazardous
Materials Standards (PHH-12), Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001,
Telephone<PHONE_NUMBER>.
    Address written comments to the Dockets Unit as identified in the
ADDRESSES section of this rulemaking. We must receive comments
regarding information collection burdens prior to the close of the
comment period identified in the DATES section of this rulemaking. In
addition, you may submit comments specifically related to the
information collection burden to the PHMSA Desk Officer, Office of
Management and Budget, at fax number<PHONE_NUMBER>.

G. 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 contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.

H. Unfunded Mandates Reform Act of 1995

    This proposed rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$141.3 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.

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), and implementing regulations by the Council on
Environmental Quality (40 CFR part 1500) require Federal agencies to
consider the consequences of Federal actions and prepare a detailed
statement on actions that significantly affect the quality of the human
environment.
    The hazardous materials regulatory system is a risk management
system that is prevention oriented and focused on identifying a hazard
and reducing the probability and quantity of a hazardous materials
release. Hazardous materials are categorized by hazard analysis and
experience into hazard classes and packing groups. The regulations
require each shipper to classify a material in accordance with these
hazard classes and packing groups; the process of classifying a
hazardous material is itself a form of hazard analysis. Further, the
regulations require the shipper to communicate the material's hazards
by identifying the hazard class, packing group, and proper shipping
name on shipping papers and with labels on packages and placards on
transport vehicles. Thus, the shipping paper, labels, and placards
communicate the most significant findings of the shipper's hazard
analysis. Most hazardous materials are assigned to one of three packing
groups based upon its degree of hazard, from a high hazard Packing
Group I material to a low hazard Packing Group III material. The
quality, damage resistance, and performance standards for the
packagings authorized for the hazardous materials in each packing group
are appropriate for the hazards of the material transported.
    Hazardous materials are transported by aircraft, vessel, rail, and
highway. The potential for environmental damage or contamination exists
when packages of hazardous materials are involved in transportation
incidents. The need for hazardous materials to support essential
services means transportation of highly hazardous materials is
unavoidable. However, these shipments frequently move through densely
populated or environmentally sensitive areas where the consequences of
an incident could be loss of life, serious injury, or significant
environmental damage. The ecosystems that could be affected by a
hazardous materials release during transportation include atmospheric,
aquatic, terrestrial, and vegetal resources (for example, wildlife
habitats). The adverse environmental impacts associated with releases
of most hazardous materials are short-term impacts that can be greatly
reduced or eliminated through prompt clean-up of the incident scene. In
this NPRM, we are requesting comments on the potential environmental
impacts of the proposals.
    In this NPRM, PHMSA proposes to incorporate the terms of two
special permits into the HMR. Further, all of the proposals in this
NPRM involve the transportation of air bag inflators, air bag modules,
or seat-belt pretensioners that have been classed as UN3268,
miscellaneous hazardous materials (Class 9). While this classification
indicates that the material presents a hazard during transportation
(but which does not meet the definition of any other hazard class in
the HMR), a Class 9 material ranks last in all items regulated by the
U.S. DOT in terms of hazard precedence and risk. The proposals in this
NPRM reflect that fact and if finalized, would reduce the unnecessary
burdens on not just the offerors of these UN3268 materials, but reduce
PHMSA's own administrative costs from reviewing unnecessary approvals
and special permits.
    The purpose and need of this rulemaking is to incorporate widely-
used special permits or those with an established safety record into
the HMR for universal use. More information about the advantages of the
proposed action can be found in the preamble (i.e., Summary Review of
Proposed Amendments) to this rulemaking. The alternatives considered in
the analysis include: (1) The proposed action, that is, incorporation
of the proposed special permits as amendments to the HMR; and (2) the
``no action'' alternative, meaning that none of the proposed special
permits would be incorporated into the HMR. PHMSA believes that either
of these alternatives would result in equal environmental risk and/or
impact because special permits are intended to offer equivalent safety
and environmental protection as the HMR.
    In considering the potential environmental impacts of the proposed

action, PHMSA does not anticipate that the incorporation of the listed
special permits will result in any significant impact on the human
environment because the process through which special permits are
issued requires the applicant to demonstrate that the alternative
transportation method or packaging proposed provides an equivalent
level of safety as that provided in the HMR. However, PHMSA welcomes
and will consider and address comments about foreseeable environmental
impacts or risk associated with the incorporation of any proposed
special permit that commenters believe PHMSA might have overlooked in
this NPRM.
    Given that this rulemaking proposes to amend the HMR to incorporate
provisions contained in certain widely-used or longstanding special
permits that have an established safety record, these proposed changes
in regulation should increase safety and environmental protections.

J. International Trade Analysis

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Pursuant to these Acts, 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 the protection of safety, and do
not operate in a manner that excludes 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
notes the purpose is to ensure the safety of the American public, and
has assessed the effects of this rule to ensure that it does not
exclude imports that meet this objective. As a result, this proposed
rule is not considered as creating an unnecessary obstacle to foreign
commerce.

IV. List of Subjects in 49 CFR Part 173

    Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements, and
Uranium.

    In consideration of the foregoing, we propose to amend 49 CFR
Chapter I as follows:

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS

    1. The authority citation for part 173 continues to read as
follows:

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.

    2. Section 173.166 is proposed to be revised as follows:

Sec.  173.166  Air bag inflators, air bag modules and seat-belt
pretensioners.

    (a) Definitions. An air bag inflator (consisting of a casing
containing an igniter, a booster material, a gas generant and, in some
cases, a pressure receptacle (cylinder)) is a gas generator used to
inflate an air bag in a supplemental restraint system in a motor
vehicle. An air bag module is the air bag inflator plus an inflatable
bag assembly. A seat-belt pre-tensioner contains similar hazardous
materials and is used in the operation of a seat-belt restraining
system in a motor vehicle.
    (b) Classification. (1) An air bag inflator, air bag module, or
seat-belt pretensioner may be classed as Class 9 (UN3268) if the air
bag inflator, air bag module, or seat-belt pretensioner design is
examined and successfully tested by a person or agency (authorized
testing agency) who is authorized by the Associate Administrator to
perform such examination and testing of explosives under 173.56(b)(1)
of this subchapter, and who:
    (i) Does not manufacture or market explosives, air bag inflators,
air bag modules, or seat-belt pretensioners, is not owned in whole or
in part, or is not financially dependent upon any entity that
manufactures or markets explosives, air bag inflators, air bag modules,
or seat-belt pretensioners;
    (ii) Performs all examination and testing in accordance with the
applicable requirements as specified in Special Provision 160 (see
Sec.  172.102); and
    (iii) Maintains records in accordance with paragraph (g) of this
section.
    (iv) By adhering to all the provisions specified in Sec.
173.166(b)(1), the Class 9 (UN3268) air bag inflator, air bag module,
or seat-belt pretensioner design is not required to be submitted to the
Associate Administrator for approval or assigned an EX number.
    (2) An air bag inflator, air bag module, or seat-belt pretensioner
may be classed as Division 1.4G if it has been examined and
successfully tested by a person or agency (authorized testing agency)
who is authorized by the Associate Administrator to perform such
examination and testing of explosives under 173.56 of this subchapter.
For domestic transport, air bag inflators, air bag modules or seat-belt
pretensioners that meet the criteria for a Division 1.4G explosive must
be transported using the description, ``UN0431, Articles, pyrotechnic
for technical purposes'' as specified in Special Provision 161 (see
Sec.  172.102). Further, as a Class 1 explosive, the manufacturer must
submit to the Associate Administrator a report of the examination and
assignment of a recommended shipping description, division, and
compatibility group and if the Associate Administrator finds the
approval request meets the regulatory criteria, the explosive will be
approved in writing and assigned an EX number; or
    (3) The manufacturer has submitted an application, including a
classification issued by the competent authority of a foreign
government to the Associate Administrator, and received written
notification from the Associate Administrator that the device has been
approved for transportation and assigned an EX number.
    (c) EX numbers. (1) When an air bag inflator, air bag module, or
seat-belt pretensioner is classed as a Division 1.4G, the packaging is
subject to the EX number marking requirements in Sec.  172.320 (or the
shipping paper requirements in Sec.  172.202(a)). For shipping papers,
the EX number or product code for each approved inflator, module or
pretensioner must be listed in association with the basic description
required by Sec.  172.202(a) of this subchapter. Product codes must be
traceable to the specific EX number assigned to the inflator, module or
pretensioner by the Associate Administrator. The EX number or product
code is not required to be marked on the outside package.
    (2) An air bag inflator, air bag module, or seat-belt pretensioner
when classed as a Class 9 (UN3268), is excepted from the EX number
requirements of paragraph (c).
    (d) Exceptions. (1) An air bag module or seat-belt pretensioner
that is classed as a Class 9 (UN3268) and is installed in a motor
vehicle, aircraft, boat or other transport conveyance or its completed
components, such as steering columns or door panels, is not subject to
the requirements of this subchapter. An air bag module or seat-belt
pretensioner that has been classed as a Division 1.4G and approved by
the Associate Administrator and is installed in a motor vehicle,
aircraft, boat or other transport conveyance or its completed
components, such as steering columns or door panels, is not subject to
the requirements of this subchapter.

    (2) An air bag module containing an inflator that has been
previously approved by the Associate Administrator for transportation
is not required to be submitted for further examination or approval.
    (3) An air bag module containing an inflator that has previously
been approved by the Associate Administrator as a Division 2.2 material
is not required to be submitted for further examination to be reclassed
as a Class 9 material.
    (4) Shipments for Recycling. When offered for domestic
transportation by highway, rail freight, cargo vessel or cargo
aircraft, a serviceable air bag module or seat-belt pretensioner
removed from a motor vehicle that was manufactured as required for use
in the United States may be offered for transportation and transported
without compliance with the shipping paper requirement prescribed in
paragraph (c) of this section. However, the word ``Recycled'' must be
entered on the shipping paper immediately after the basic description
prescribed in Sec.  172.202 of this subchapter. No more than one device
is authorized in the packaging prescribed in paragraph (e)(1), (2) or
(3) of this section. The device must be cushioned and secured within
the package to prevent movement during transportation.
    (e) Packagings. Rigid, outer packagings, meeting the general
packaging requirements of part 173, and the packaging specification and
performance requirements of part 178 of this subchapter at the Packing
Group III performance level are authorized as follows. The packagings
must be designed and constructed to prevent movement of the articles
and inadvertent operation. Further, if the Class 9 designation is
contingent upon packaging specified by the authorized testing agency,
shipments of the air bag inflator, air bag module, or seat-belt
pretensioner must be in full compliance with the prescribed packaging.
    (1) 1A2, 1B2, 1N2, 1D, 1G, or 1H2 drums.
    (2) 3A2, 3B2, or 3H2 jerricans.
    (3) 4A, 4B, 4N, 4C1, 4C2, 4D, 4F, 4G, 4H1, or 4H2 boxes.
    (4) Reusable High-Strength Containers or Dedicated Handling
Devices. (i) Reusable containers manufactured from high-strength
plastic, metal, or other suitable material, or other dedicated handling
devices are authorized for shipment of air bag inflators, air bag
modules, and seat-belt pretensioners from a manufacturing facility to
the assembly facility, subject to the following conditions:
    (A) The gross weight of the containers or handling devices may not
exceed 1000 kg (2205 pounds). Containers or handling devices must
provide adequate support to allow stacking at least three units high
with no resultant damage;
    (B) If not completely enclosed by design, the container or handling
device must be covered with plastic, fiberboard, metal, or other
suitable material. The covering must be secured to the container by
banding or other comparable methods; and
    (C) Internal dunnage must be sufficient to prevent movement of the
devices within the container.
    (ii) Reusable containers manufactured from high-strength plastic,
metal, or other suitable material, or other dedicated handling devices
are authorized for shipment of air bag inflators, air bag modules, and
seat-belt pretensioners to, between, and from, intermediate handling
locations, provided they meet the conditions specified in paragraph
(e)(4)(i)(A)-(C) of this section and:
    (A) No modifications or changes are made to the packagings; and
    (B) Transportation must be made by private or contract carrier.
    (5) Packagings which were previously authorized in an approval
issued by the Associate Administrator may continue to be used until
January 1, 2018, provided a copy of the approval is maintained while
such packaging is being used.
    (6) Devices removed from a vehicle. When removed from, or were
intended to be used in, a motor vehicle that was manufactured as
required for use in the United States and offered for domestic
transportation by highway, a serviceable air bag inflator, air bag
module, or seat-belt pretensioner may be offered for transportation and
transported in the following additional packaging:
    (i) Specification and non-specification steel drums with a wall and
lid thickness not less than 20 gauge. The lid must be securely affixed
with a lever-locking or bolted-ring assembly. The lid of the drum must
provide ventilation of the drum contents in a fire. The drum may be
filled with any combination of air bag inflators, air bag modules, or
seat-belt pretensioner devices to a capacity not greater than fifty
(50) percent of the drum's total volume. In addition, inner packagings
are not required; or
    (ii) Outer packaging consisting of 4H2 solid plastic boxes or non-
specification rugged reusable plastic outer packaging and inner static-
resistant plastic bags or trays, as appropriate. If not completely
enclosed by design, the container or handling device must be covered
with plastic, fiberboard, metal or other suitable material. The
covering must be secured to the container by banding or other
comparable methods. The articles must be packed to prevent movement
within the container during transportation.
    (f) Labeling. Notwithstanding the provisions of Sec.  172.402 of
this subchapter, each package or handling device must display a CLASS 9
label. Additional labeling is not required when the package contains no
hazardous materials other than the devices.
    (g) Recordkeeping requirements. (1) Following the examination of
each new design type classed as a Class 9 in accordance with paragraph
(b)(1) of this section, the person that conducted the examination must
prepare a test report and provide the test report to the manufacturer
of the air bag inflator, air bag module, or seat-belt pretensioner. At
a minimum, the test report must contain the following information:
    (i) Name and address of the test facility;
    (ii) Name and address of the applicant;
    (iii) Manufacturer of the device. For a foreign manufacturer, the
U.S. agent or importer must be identified;
    (iv) A test report number, drawing of the device, and description
of the air bag inflator, air bag module, or seat-belt pretensioner in
sufficient detail to ensure that the test report is traceable (e.g. a
unique product identifier) to a specific inflator design;
    (v) The tests conducted and the results; and
    (vi) A certification that the air bag inflator, air bag module, or
seat-belt pretensioner is properly classed as a Class 9 (UN3268).
    (2) For as long as any air bag inflator, air bag module, or seat-
belt pretensioner design is being manufactured, and for at least
fifteen (15) years thereafter, a copy of each test report must be
maintained by the authorized testing agency that performed the
examination and testing, and by the manufacturer of the product.
    (3) Test reports must be made available to a representative of the
Department upon request.

    Issued in Washington, DC, on March 20, 2012 under authority
delegated in 49 CFR part 106.
 Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2012-7169 Filed 3-23-12; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Rules and Regulations]
[Pages 72008-72009]
[FR Doc No: 2013-28677]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0431; Airspace Docket No. 13-ASO-7]

Establishment of Class E Airspace; Aliceville, AL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action establishes Class E Airspace at Aliceville, AL, to
accommodate a new Area Navigation (RNAV) Global Positioning System
(GPS) Standard Instrument Approach Procedure (SIAP) serving George
Downer Airport. This action enhances the safety and management of
Instrument Flight Rules (IFR) operations at the airport.

DATES: Effective 0901 UTC, February 6, 2014. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P. O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On August 22, 2013, the FAA published in the Federal Register a
notice of proposed rulemaking to establish Class E airspace at
Aliceville, AL(78 FR 52111) Docket No. FAA-2013-0431. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received. Class E airspace designations are published in paragraph
6005 of FAA Order 7400.9X dated August 7, 2013, and effective September
15, 2013, which is

incorporated by reference in 14 CFR 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes the Class E airspace extending upward from the
surface within a 7-mile radius at George Downer Airport, providing the
controlled airspace required to accommodate the new RNAV (GPS) Standard
Instrument Approach Procedures developed at the airport. This action
provides for the safety and management of IFR operations at the
airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the
United States Code. Subtitle I, Section 106 describes the authority of
the FAA Administrator. Subtitle VII, Aviation Programs, describes in
more detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it establishes
controlled airspace at George Downer Airport, Aliceville, AL.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9X, Airspace Designations and Reporting
Points, dated August 7, 2013, effective September 15, 2013, is amended
as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward from 700
Feet or More Above the Surface of the Earth.

* * * * *

ASO AL E5 Aliceville, AL [New]

George Downer Airport, AL
    (Lat. 33[deg]06'23'' N., long. 88[deg]11'52'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7- mile radius of George Downer Airport.

    Issued in College Park, Georgia, on November 20, 2013.
Kip B. Johns,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2013-28677 Filed 11-29-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 6 (Thursday, January 9, 2020)]
[Rules and Regulations]
[Pages 1119-1121]
[FR Doc No: 2019-27671]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R04-OAR-2018-0183; FRL-9996-80-Region 4]

Alabama; Approval of Plan for Control of Emissions From
Commercial and Industrial Solid Waste Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a state plan submitted by the State of Alabama,
through the Alabama Department of Environmental Management (ADEM) on
May 19, 2017, and supplemented on October 24, 2017, for implementing
and enforcing the Emissions Guidelines (EG) applicable to existing
Commercial and Industrial Solid Waste Incineration (CISWI) units. The
State plan provides for implementation and enforcement of the EG, as
finalized by EPA on June 23, 2016, applicable to existing CISWI units
for which construction commenced on or before June 4, 2010, or for
which modification or reconstruction commenced after June 4, 2010, but
no later than August 7, 2013. The State plan establishes emission
limits, monitoring, operating, recordkeeping, and reporting
requirements for affected CISWI units.

DATES: This rule will be effective February 10, 2020. The incorporation
by reference of documents listed in this rule is approved by the
Director of the Federal Register as of February 10, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2018-0183. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information 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 publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy form at the
Air and Radiation Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303. EPA requests
that if at all possible, you contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mark Bloeth, Communities and Air
Toxics Section, Air Analysis and Support Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303. Mr. Bloeth can be reached via
telephone at<PHONE_NUMBER> and via email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Section 129 of the Clean Air Act (CAA or the Act) directs the
Administrator to develop regulations under that section and section
111(d) of the Act limiting emissions of nine air pollutants
(particulate matter, carbon monoxide, dioxins/furans, sulfur dioxide,
nitrogen oxides, hydrogen chloride, lead, mercury, and cadmium) from
four categories of solid waste incineration units: Municipal solid
waste incinerators; hospital, medical, and infectious solid waste
incinerators; commercial and industrial solid waste incinerators; and
other solid waste incinerators.
    On December 1, 2000, EPA promulgated new source performance
standards (NSPS) and EG to reduce air pollution from CISWI units, which
are codified at 40 CFR part 60, subparts CCCC and DDDD, respectively.
See 65 FR 75338. EPA revised the NSPS and EG for CISWI units on March
21, 2011. See 76 FR 15704. Following promulgation of the 2011 CISWI
rule, EPA received petitions requesting that EPA reconsider numerous
provisions in the rule. EPA granted reconsideration on certain issues,
and, subsequently, on February 7, 2013, EPA promulgated a CISWI
reconsideration rule. See 78 FR 9112. Following the 2013 CISWI
reconsideration rule, EPA received petitions to reconsider certain
provisions of the NSPS and EG for

CISWI units. On January 21, 2015, EPA granted reconsideration on four
specific issues and, subsequently, on June 23, 2016, EPA finalized
reconsideration of the CISWI NSPS and EG. See 81 FR 40956.
    Section 129(b)(2) of the CAA requires states to submit to EPA for
approval state plans and revisions that implement and enforce the EG--
in this case, 40 CFR part 60, subpart DDDD. State plans and revisions
must be at least as protective as the EG, and become federally
enforceable upon approval by EPA. The procedures for submittal and
adoption of state plans and revisions are codified in 40 CFR part 60,
subpart B. On March 14, 2014, Alabama submitted a state plan to
implement and enforce the EG for existing CISWI units in the State.\1\
On May 19, 2017, Alabama submitted a revised plan, which was
supplemented on October 24, 2017.\2\
---------------------------------------------------------------------------

    \1\ EPA did not act on the plan submitted by Alabama, at that
time.
    \2\ The submitted State plan does not apply in Indian country
located in the State.
---------------------------------------------------------------------------

    In a notice of proposed rulemaking published on June 5, 2018 (83 FR
25983), EPA proposed to approve Alabama's State plan. Additional
information concerning Alabama's State plan submission and the
rationale for EPA's actions for this final rule are explained in the
June 5, 2018 proposed rulemaking. Comments on the proposed rulemaking
were due on or before July 5, 2018. EPA received no comments.

II. Final Action

    EPA is taking final action to approve Alabama's State plan to
implement and enforce the EG for existing CISWI units in the State, as
submitted on May 19, 2017, and supplemented on October 24, 2017. EPA is
taking this action because it has concluded that Alabama's State plan
is consistent with sections 111(d) and 129 of the CAA. As part of this
action, EPA is incorporating by reference Alabama Rule 335-3-3-.05,
effective, as a matter of State law, December 8, 2017. Alabama Rule
335-3-3-.05 includes emission limits, operating limits, monitoring
requirements, recordkeeping requirements, reporting requirements, and
operator training and qualification requirements applicable to affected
CISWI units. EPA has made, and will continue to make, these documents
available through www.regulations.gov and at the EPA Region 4 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of the preamble for more information).

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a 111(d)/
129 plan submission that complies with the provisions of the CAA and
applicable Federal regulations. In reviewing 111(d)/129 plan
submissions, EPA's role is to approve state choices, provided they meet
the criteria and objectives of the CAA and EPA's implementing
regulations. Accordingly, this action merely approves state law as
meeting Federal requirements and, although the plan is federally
enforceable, this action does not impose additional requirements beyond
those imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001).
    In addition, this rule is not subject to requirements of Section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) because application of those requirements would be
inconsistent with the CAA. It also does not provide EPA with the
discretionary authority to address, as appropriate, disproportionate
human health or environmental effects, using practicable and legally
permissible methods, under Executive Order 12898 (59 FR 7629, February
16, 1994). And it does not have Tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because EPA is
not approving the submitted rule to apply in Indian country located in
the state and because the submitted rule will not impose substantial
direct costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 62

    Administrative practice and procedure, Air pollution control,
Aluminum, Fertilizers, Fluoride, Incorporation by Reference,
Intergovernmental relations, Manufacturing, Phosphate, Reporting and
recordkeeping requirements, Sulfur oxides, Waste treatment and
disposal.

    Authority:  42 U.S.C. 7411.

    Dated: December 10, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
    For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 62 as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart B--[Amended]

0
2. In subpart B, remove the undesignated center heading ``Air Emissions
From Commercial and Industrial Solid Waste Incineration (CISWI) Units
(Section 111(d)/129 Plan)''.

0
3. Revise Sec.  62.107 to read as follows:

Sec.  62.107  Identification of sources.

    (a) Approval of State Plan for Commercial and Industrial Solid
Waste Incineration Units. Effective February 10, 2020, EPA approved
Alabama's State Plan for Commercial and Solid Waste Incineration Units,
which is codified at Alabama Rule 335-3-3-.05, amended December 8,
2017, and which is incorporated by reference. The plan applies to each
existing commercial and industrial solid waste incineration unit and
air curtain incineration unit in the State of Alabama that commenced
construction on or before June 4, 2010, or commenced modification or
construction after June 4, 2010, but no later than August 7, 2013, as
such incineration units are defined in 40 CFR 60.2875 and 40 CFR part
60.
    (b) Incorporation by reference. (1) The material incorporated by
reference in this section was approved by the Director of the Federal
Register Office in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies of the material may be inspected or obtained from the EPA

Docket Center--Public Reading Room, EPA West Building, Room 3334, 1301
Constitution Avenue NW, Washington, DC 20004 or U.S. EPA, Region 4, Air
Analysis and Support Branch, 61 Forsyth Street, Atlanta, GA 30303. The
telephone number for the Public Reading Room is<PHONE_NUMBER>. Copies
may be inspected at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
email<EMAIL_ADDRESS>or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
    (2) State of Alabama, Alabama Department of Environmental
Management. 1400 Coliseum Boulevard, Montgomery, AL 36110, 334-271-
7700, adem.alabama.gov.
    (i) Administrative Rule 335-3-3-3.05, Incineration of Commercial
and Industrial Solid Waste (Administrative Code division 335-3, Air
Division--Air Pollution Control Program), adopted October 20, 2017.
    (ii) [Reserved]

[FR Doc. 2019-27671 Filed 1-8-20; 8:45 am]
 BILLING CODE 6560-50-P