[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Notices]
[Pages 28371-28372]
[FR Doc No: 2019-12785]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86091; File No. SR-FINRA-2019-012]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Designation of a Longer Period for
Commission Action on a Proposed Rule Change To Amend FINRA Rule 5110
(Corporate Financing Rule--Underwriting Terms and Arrangements) To Make
Substantive, Organizational and Terminology Changes

June 12, 2019.
    On April 11, 2019, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend FINRA Rule 5110 (Corporate Financing
Rule--Underwriting Terms and Arrangements) (the ``Rule'') to make
substantive, organizational and terminology changes to the Rule. The
proposed rule change was published for comment in the Federal Register
on May 1, 2019.\3\ The Commission has received six comment letters on
the proposal.\4\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 85715 (April 25,
2019), 84 FR 18592.
    \4\ See Letter from Suzanne Rothwell, Managing Member, Rothwell
Consulting LLC, to Secretary, Commission, dated May 14, 2019; letter
from Stuart J. Kaswell, Esq., to Vanessa Countryman, Acting
Director, Commission, dated May 17, 2019; letter from Eversheds
Sutherland (US) LLP, on behalf of the Committee of Annuity Insurers,
to Brent J. Fields, Secretary, Commission, dated May 21, 2019;
letter from Aseel Rabie, Managing Director and Associate General
Counsel, Securities Industry and Financial Markets Association, to
Vanessa Countryman, Acting Secretary, Commission, dated May 30,
2019; letter from Robert E. Buckholz, Chair, Federal Regulation of
Securities Committee, ABA Business Law Section, American Bar
Association, to Vanessa Countryman, Acting Secretary, Commission,
dated May 30, 2019; letter from Davis Polk & Wardwell LLP, to
Vanessa Countryman, Acting Secretary, Commission, dated June 5,
2019.
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    Section 19(b)(2) of the Act \5\ provides that, within 45 days of
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it find such longer period to be appropriate and publishes its
reasons for so finding, or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is June 15, 2019. The Commission is extending this 45-day time period.
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    \5\ 15 U.S.C. 78s(b)(2).
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    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider the proposed rule change.\6\
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    \6\ Also, by letter dated June 6, 2019, FINRA consented to
extending to July 30, 2019 the time period for Commission action on
SR-FINRA-2019-012. See http://www.finra.org/sites/default/files/rule_filing_file/SR-FINRA-2019-012-Extension1.pdf.
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    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\7\ designates July 30, 2019, as the date by which the Commission
shall either approve or disapprove, or institute proceedings to
determine whether to

disapprove, the proposed rule change (File No. SR-FINRA-2019-012).
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    \7\ 15 U.S.C. 78s(b)(2).
    \8\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-12785 Filed 6-17-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 30, 2010 (Volume 75, Number 167)]
[Notices]
[Page 52938]
[DOCID:fr30au10-46]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER10-1810-001]

E. I. du Pont de Nemours and Company; Notice of Filing

August 20, 2010.
    Take notice that on August 20, 2010, E. I. du Pont de Nemours and
Company, filed clarification and an amendment to its July 19, 2010
petition for market-based rate authorization and request for waivers
and blanket authorizations.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on August 30, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-21469 Filed 8-27-10; 8:45 am]
BILLING CODE 6717-01-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request EPA/ OAR/ ORIA/ IED 2. OMB control number b. None a. 2060  0490 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title National Survey on Environmental Management of Asthma 8. Agency form number( s) ( If applicable) 1996.03 9. Keywords Asthma, Environmental Asthma, Asthma Triggers, Environmental Management Measures, Households 10. Abstract Executive Order 13045, issued in 1997, directed each federal agency to identify, assess, and address environmental health and safety risks for children. This executive order also created the Task Force on Environmental Health Risks and Safety Risks in Children, co chaired by the Secretary of Health and Human Services ( HHS) and the Administrator of the Environmental Protection Agency ( EPA). In April 1998, this Task Force identified four priority areas, one of which was childhood asthma. In response, EPA has launched efforts to better understand the role that environmental factors, including airborne allergens and irritants, play in the onset of asthma and the triggering of asthma symptoms. Indoor allergens include those from house dust mites, cockroaches, mold, and animal dander. In addition, exposure to environmental tobacco smoke ( ETS) has also been shown to be a major determinant of asthma symptoms. The Indoor Environments Division ( IED), a non regulatory program within EPA, is working to integrate the management of environmental factors with the medical treatment of asthma, particularly among children and low income populations. In an effort to evaluate the effectiveness of its current outreach efforts, EPA proposes to collect data from individual U. S. households using a ten page survey. This survey will be used to gain information about the number of individuals with asthma that have taken steps to improve the quality of their indoor environment as part of their approach to managing the disease, as well as any barriers they may have encountered while attempting to do so. EPA will compare the data gained from this survey to the Agency's established Government Performance and Results Act of 1993 ( GPRA) 2005 goal of reducing the number of people with asthma who are exposed to environmental asthma triggers and check to see that it is on track for the 2012 GPRA goal. Specifically, EPA's 2005 goal is that 2.5 million people with asthma, including one million children and 200,000 low income adults, will have taken steps to reduce their exposure to indoor environmental asthma triggers. EPA's 2012 goal is that 6.5 million people with asthma, including 2.9 million children, will have taken steps to reduce their exposure to indoor environmental asthma triggers. EPA will conduct this survey in two phases. In the first phase, EPA will attempt to contact up to 75,464 households. These households will be chosen randomly from all U. S. households with publicly listed telephone numbers. EPA expects to reach 60 percent, or 45,278 individuals, who will participate in the screening survey. Of these 45,278 individuals, EPA expects that 15 percent, or 6,792 individuals, will either have asthma or live with someone who does. After responding to several screening questions, adult asthmatics and parents of children with asthma will be invited to participate in a longer, more in depth telephone survey. Of the 6,792 individuals identified in Phase I as being eligible to participate in the survey, EPA estimates that approximately 74 percent, or 5,026 individuals, will agree to participate in the Agency's survey. Ultimately, EPA expects to obtain completed survey responses from 4,272 individuals. This sample size will enable EPA to make a statistically valid assessment of its progress toward the Agency's GPRA goal and evaluate the effectiveness of current outreach efforts. In addition, EPA intends to over sample in communities known to have a high percentage of low income households to ensure that the Agency gains sufficient information from this particular population to draw valid conclusions. This information will also serve to guide the Agency's asthma program and its implementation of future outreach initiatives. No individual will be surveyed twice during the period this ICR is in effect.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. P Individuals or households d. Farms b. Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. P Voluntary b. G Required to obtain or retain benefits c. G Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 45,278 b. Total annual responses 45,278 1. Percentage of these responses collected electronically 0 % c. Total hours requested 1152 d. Current OMB inventory 726 e. Difference 426 f. Explanation of difference 1. Program Change 0 2. Adjustment 426 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs $ 0 b. Total annual costs ( O& M) $ 0 c. Total annualized cost requested $ 0 d. Current OMB inventory $ 0 e. Difference $ 0 f. Explanation of difference 1. Program change New Collection $ 0 2. Adjustment $ 0 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. X_ Program planning or management b. P_ Program evaluation f. __ Research c. __ General purpose statistics g. __ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. Q Recordkeeping b. Q Third party disclosure c. x Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. Q Annually 7. Q Biannually 8. X Other ( describe) Once 17. Statistical methods Does this information collection employ statistical methods? X Yes Q No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Dr. Susan Conrath Phone: 202 343 9389 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( i) Why the information is being collected; ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( i) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Thomas E. Kelly, Director Indoor Environments Division Office of Radiation and Indoor Air ( ORIA) Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information ( OEI) Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C. § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( i) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( i) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number."

OMB 83 I ( Instructions) 10/ 95


[Federal Register Volume 76, Number 249 (Wednesday, December 28, 2011)]
[Rules and Regulations]
[Pages 81396-81400]
[FR Doc No: 2011-33193]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 172 and 173

[Docket No. PHMSA-2009-0151(HM-218F)]
RIN 2137-AE84

Hazardous Materials: Miscellaneous Amendments; Response to
Appeals; Corrections

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

ACTION: Correcting amendments.

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SUMMARY: On July 20, 2011, PHMSA published a final rule under Docket
Number PHMSA-2009-0151 (HM-218F) making miscellaneous amendments to the
Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). The
amendments made by PHMSA in the July 20, 2011 final rule promote safer
transportation practices; eliminate unnecessary regulatory
requirements; finalize outstanding petitions for rulemaking; facilitate
international commerce; and simplify the regulations. This final rule
corrects errors in the pictorial display of labels, eliminates
references to transitional provisions that were previously removed from
the HMR, clarifies shipping paper amendments, corrects an editorial
error, and extends the effective date of certain shipping paper
amendments adopted in the July 20, 2011 final rule.

DATES: These correcting amendments are effective December 28, 2011. A
delayed compliance date of August 19, 2012 is authorized for shipping
paper amendments in this final rule.

FOR FURTHER INFORMATION CONTACT: Deborah L. Boothe, Standards and
Rulemaking Division,<PHONE_NUMBER>, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

A. Notice of Proposed Rulemaking

    On September 29, 2010, PHMSA published a Notice of Proposed
Rulemaking (NPRM) under this docket HM-218F (74 FR 16135). The NPRM
proposed amendments to the Hazardous Materials Regulations (HMR; 49 CFR
parts 171-180) based on PHMSA initiatives and petitions for rulemaking
submitted in accordance with 49 CFR 106.95. The amendments proposed in
the NPRM were intended to provide relief to industry by eliminating,
revising, clarifying, or relaxing regulatory requirements.
    The comment period for the NPRM closed on November 29, 2010. Eleven
commenters provided comments in response to the NPRM. PHMSA received
comments from the following companies, and organizations:
     United Parcel Service (UPS)
     Worthington Cylinder Corporation (Worthington)
     Veolia Environmental Services
     Institute of Makers of Explosives (IME)
     PPG Industries, Inc.
     Barlen and Associates, Inc.
     Arrowhead Industrial Services USA, Inc.
     New England Fuel Institute
     Stericycle, Inc.
     Truck Trailer Manufacturers Association (TTMA)
     American Trucking Associations (ATA)

B. Final Rule

    On July 20, 2011, PHMSA issued a final rule titled ``Hazardous
Materials: Miscellaneous Amendments'' under Docket Number PHMSA-2009-
0151(HM-218F) (76 FR 43510) amending the Hazardous Materials
Regulations (HMR; 49 CFR parts 171-180) by making miscellaneous
amendments to update and clarify certain regulatory requirements. Based
on an assessment of the proposed changes and the comments received,
PHMSA's July 20, 2011 final rule covered the following topics:
     Materials incorporated by reference
     Definition of ``person''
     Consolidation bins
     Transitional provisions

     Reporting infectious substances incidents
     Hazard communication for IBCs
     Hazardous Materials Table Revisions
     Hazard Communication
     Exclusive use vehicles for regulated medical waste (RMW)
     Fireworks
     Explosives
     Rail Transloading Operations
     Cylinders
     Cargo Tanks
     Permeation Devices
     Alcoholic beverage exception
     Special Permits
     Lab Packs
     Batteries containing sodium or cells containing sodium

II. Appeals to the Final Rule

A. List of Appellants

    In this final rule, we respond to appeals submitted in response to
the July 20, 2011 final rule. The following organizations submitted
appeals:
     The Dangerous Goods Advisory Council (DGAC)
     Council on Safe Transportation of Hazardous Articles, Inc.
(COSTHA)
     Dangerous Goods Management USA Atlanta (DGM USA Atlanta)
     Bureau of Explosives (BOE) Publications.

B. Discussion of Appeals by Section

    The specific concerns raised by the appellants are outlined below
by section:
Section 172.203
    Section 172.203 of the HMR provides additional shipping paper
description requirements for hazardous materials. On May 30, 2005,
PHMSA received a petition for rulemaking from the Association of
American Railroads (petition number P-1456; Docket Number PHMSA-2005-
21198) requesting that we require shipping papers to include a notation
for shipments of non-odorized liquefied petroleum gas (LPG). Due to
safety risks posed by non-odorized LPG, PHMSA agreed with the petition.
    On September 29, 2010, PHMSA published a Notice of Proposed
Rulemaking (NPRM) (74 FR 16135) proposing to incorporate the AAR
petition. To ensure that emergency responders are made aware when a
shipment of LPG is not odorized, PHMSA proposed to add a new paragraph
(p) to Sec.  172.203 to require the words ``non-odorized'' to precede
the proper shipping name when a non-odorized LPG is offered for
transportation. PHMSA received one comment from New England Fuel
Institute (NEFI) supporting this proposed amendment. PHMSA received no
comments opposing the requirement.
    On July 29, 2011, DGAC submitted an appeal addressing the new Sec.
172.203(p). In its appeal, DGAC requests that PHMSA provide a delayed
compliance date for the amendment; authorize the wording to be located
in association with the proper shipping description (rather than
preceding) to facilitate international commerce; and, consistent with
Sec. Sec.  172.328(d) and 172.330(c), authorize the use of the words
``not-odorized'' or ``non-odorized.''
    DGAC indicates that persons with preprinted shipping papers will
need more time beyond the August 19, 2011 effective date of the July
20, 2011 final rule to comply with the new Sec.  172.203(p). DGAC's
requests at least a one-year transition period for compliance to be
fully accomplished. We agree. Section 172.101(l)(1)(ii) provides
delayed compliance of up to one year from the effective date of the
rule. This ensures that individuals are provided sufficient time to
deplete existing stocks of preprinted shipping papers and package
markings. Therefore, this preamble discussion clarifies that mandatory
compliance with the provision in new Sec.  172.203(p) is delayed until
August 19, 2012. Further, PHMSA is correcting the final rule to clarify
that the words ``not-odorized'' or ``non-odorized'' may be used and
must be located in association with the proper shipping description.
Sections 172.432 and 172.446
    Section 172.432 describes the INFECTIOUS SUBSTANCE label size and
color and provides an illustration of how it must appear. References to
the Centers for Disease Control (CDC) are no longer required on this
label. Therefore, in the September 29, 2010 NPRM, PHMSA proposed to
remove the text that refers to the CDC on the label. The text states
``In U.S.A. Notify Director--CDC, Atlanta, GA 1-(800) 232-0124.'' PHMSA
proposed to allow three years from the effective date of the final rule
to use up existing stocks of preprinted labels. PHMSA received no
comments on this proposed amendment and adopted it as proposed in the
July 20, 2011 final rule.
    Section 172.446 describes the Class 9 (miscellaneous hazardous
materials) label specifications, including size, color, and an
illustration. The illustration in Sec.  172.446 shows a thin,
horizontal line running across the label at its midpoint (just at the
bottom of the vertical black bars). The line does not exist in the
International Civil Aviation Organization (ICAO) Technical Instructions
or the International Maritime Dangerous Good (IMDG) Code. The
difference has resulted in some international shipments being relabeled
in transit, causing delays. In an effort to avoid continued frustrated
or delayed shipments, PHMSA proposed, in the September 29, 2010 NPRM,
to revise the Class 9 (miscellaneous hazardous materials) label
specifications by removing the horizontal line running across the label
at its midpoint. PHMSA proposed a three-year transition period from the
effective date of the final rule to deplete existing stocks. PHMSA
received one comment from the United Parcel Service, Inc. supporting
the amendment for its potential to eliminate shipment delays.
Therefore, in the July 20, 2011 final rule the amendment was adopted as
proposed.
    On August 5, 2011, COSTHA submitted an appeal expressing concerns
about the redesigned INFECTIOUS SUBSTANCE and Class 9 (miscellaneous
hazardous materials) labels and continued lack of consistency with the
international labels. COSTHA also expressed concerns regarding the
August 19, 2011 effective date of the final rule. COSTHA expressed
concern that because the text in the INFECTIOUS SUBSTANCE label is
located in the center of the label instead of just below the center
line, as currently shown in the HMR, would create problems when
shipping internationally. COSTHA requests PHMSA relocate the text below
the center line of the label to avoid problems when shipping
internationally. Additionally, COSTHA is appealing the Class 9 label
design stating that the vertical bars on either side of the label are
incorrectly shown in the label illustration. PHMSA agrees with COSTHA's
appeal and is correcting the INFECTIOUS SUBSTANCE and Class 9
(miscellaneous hazardous materials) label designs, as requested, in
this final rule.
    COSTHA also expressed concerns regarding the August 19, 2011
effective date of the final rule and the September 30, 2011 grandfather
date for use of labels previously in effect. PHMSA agrees with COSTHA's
appeal. PHMSA corrected the compliance date under a final rule titled,
``Hazardous Materials: Minor Editorial Corrections and
Clarifications,'' issued on September 13, 2011 under docket PHMSA-2011-
0134 (HM-244D) (76 FR 56304). The September 13, 2011 final rule amended
the compliance date for the INFECTIOUS SUBSTANCE and Class 9
(miscellaneous hazardous materials) labels to authorize labels in
effect on

August 18, 2011 to continue to be used until January 1, 2014.
Section 173.32
    Section 173.32 prescribes requirements for the use of portable
tanks. As amended by the July 20, 2011 final rule, the transitional
provisions in Sec.  171.14 were removed and relocated to the
appropriate section. However, PHMSA did not remove the text ``(see
Sec.  171.14(d)(4) for transitional provisions applicable to T codes)''
in Sec.  173.32(c)(2). Therefore, we are correcting the section by
removing this reference to Sec.  171.14(d)(4) transitional provisions
for T codes.
Section 175.10
    Section 175.10 specifies the conditions for which passengers, crew
members, or an operator may carry hazardous materials aboard an
aircraft. In an international harmonization final rule published on
January 19, 2011 (Docket PHMSA-2009-0126) (76 FR 3308), PHMSA added a
new paragraph (a)(17) to permit a mobility aid such as a wheelchair,
containing a lithium ion battery, to be transported in accordance with
specific conditions. Since publication of the January 19, 2011 final
rule, PHMSA has noted an inconsistency between the requirements of the
ICAO Technical Instructions and the requirements of the HMR in relation
to the acceptance of lithium battery powered mobility aids for
transportation by aircraft. In particular, the HMR require the removal
of the battery under certain conditions prior to transportation by
aircraft. It is not our intent to be inconsistent with the requirements
of the ICAO Technical Instructions in this regard. Thus, in the July
20, 2011 final rule, we corrected the inconsistency in Sec.
175.10(a)(17) to clearly indicate that batteries are not required to be
removed.
    However, on August 29, 2011 PHMSA received an appeal from DGM USA
Atlanta stating this amendment continues to be inconsistent with
international standards. DGM indicates that batteries should not be
removed if not necessary as many wheelchair and mobility aid
manufacturers design the devices so that the batteries are not
accessible and are constructed to prevent the battery from being
removed. DGM requests PHMSA fully adopt the current ICAO Technical
Instructions language in order to harmonize and reduce complexity of
compliance with the regulations.
    PHMSA considers this requested change outside the scope of this
rulemaking. Nonetheless, PHMSA believes that the request has merit and
will address the concerns raised by DGM's appeal in a future
rulemaking.
Section 174.104
    This section prescribes the general requirements for car selection,
preparation, inspection, and certification of rail cars containing
Division 1.1 or 1.2 (explosive) materials. We are revising paragraph
(f) where the year on the certificate is referred to as ``19----'' to
update it to reflect the year ``20----.'' This update to the
certificate was not included in the corrections and clarifications in
the final rule, Docket No. PHMSA-2011-0134 (HM-244D), Minor Editorial
Corrections and Clarifications, published September 13, 2011 (76 FR
56304).

III. Corrections and Amendments

    As indicated above, based on appeals submitted to the July 20, 2011
final rule, this final rule is:
    1. Clarifying that the shipping paper amendments adopted in the
July 20, 2011 final rule are provided a delayed compliance date of
August 19, 2012 based on the provisions in Sec.  172.101(l)(l)(ii);
    2. Correcting the shipping paper amendments to allow the use of the
words ``not- odorized'' or ``non-odorized'' in association with the
proper shipping description for non odorized LPG shipments;
    3. Revising the erroneous display of the Class 9 (miscellaneous
hazardous materials) label by correcting the width of the vertical
lines on either side of the label in the graphic display;
    4. Revising the erroneous display of the INFECTIOUS SUBSTANCE label
by moving the text below the center line of the label; and
    5. Correcting Sec.  173.32(c)(2) by removing the reference to
``(see Sec.  171.14(d)(4) for transitional provisions applicable to T
codes).''
    6. Correcting Sec.  174.104(f) by removing the references to the
year ``19----'' on the certificate to the year ``20--.''

IV. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    1. This final rule is published under authority of Federal
hazardous materials transportation law (Federal hazmat law; 49 U.S.C.
5101 et seq.). Section 5103(b) of Federal hazmat law authorizes the
Secretary of Transportation to prescribe regulations for the safe
transportation, including security, hazardous materials in intrastate,
interstate, and foreign commerce.
    2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to
ensure that, to the extent practicable, regulations governing the
transportation of hazardous materials in commerce are consistent with
standards adopted by international authorities.

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

    This final rule is not considered a significant regulatory action
under section 3(f) Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget (OMB). The final rule
is not considered a significant rule under the Regulatory Policies and
Procedures order issued by the U.S. Department of Transportation (44 FR
11034).
    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.'' As
discussed in this rulemaking, PHMSA amends various provisions in the
HMR to clarify the provisions and to relax overly burdensome
requirements. This final rule responds to appeals from industry
associations to correct the label pictorial displays and extend the
effective date of the shipping paper amendments. PHMSA anticipates the
amendments contained in this rule generate economic benefits to the
regulated community. This final rule is designed to increase the
clarity of the HMR, thereby increasing voluntary compliance while
reducing compliance costs.

C. Executive Order 13132

    This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism''). This
final 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.
    This final rule concerns the classification, packaging, marking,
labeling, and handling of hazardous materials, among other covered
subjects. As adopted, this rule preempts any state, local, or Indian
tribe requirements concerning these subjects unless the non-Federal
requirements are

``substantively the same'' (see 49 CFR 107.202(d) as the Federal
requirements.)

D. Executive Order 13175

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

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 the rule is not expected to have a
significant impact on a substantial number of small entities. This
final rule would respond to appeals and correct label pictorial
displays and extend the effective date of the shipping paper amendments
from the July 20, 2011 final rule.
    Consideration of alternative proposals for small businesses. The
Regulatory Flexibility Act directs agencies to establish exceptions and
differing compliance standards for small businesses, where it is
possible to do so and still meet the objectives of applicable
regulatory statutes. In the case of hazardous materials transportation,
it is not possible to establish exceptions or differing standards and
still accomplish our safety objectives.
    The impact of this final rule is not expected to be significant.
The changes are generally intended to provide relief to shippers,
carriers, and packaging manufacturers and testers, including small
entities. The majority of entities affected by this rule are small
entities. Although the rule will create less burden, the overall effect
of this positive change is not significant. Therefore, this final rule
will not have a significant economic impact on a substantial number of
small entities.
    This final rule 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

    This final rule imposes no new information collection and
recordkeeping requirements.

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

H. Unfunded Mandates Reform Act

    This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$141,300,000 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) requires
Federal agencies to consider the consequences of major Federal actions
and prepare a detailed statement on actions significantly affecting the
quality of the human environment. In the July 20, 2011 final rule, we
developed an assessment to determine the effects of these revisions on
the environment and whether a more comprehensive environmental impact
statement may be required. Our findings conclude that there are no
significant environmental impacts associated with this final rule. The
amendments are intended to: Update, clarify, or provide relief from
certain existing regulatory requirements to promote safer
transportation practices; eliminate unnecessary regulatory
requirements; finalize outstanding petitions for rulemaking; facilitate
international commerce; and make these requirements easier to
understand. For interested parties, a detailed environmental assessment
is included with the July 20, 2011 final rule available in the public
docket.

J. Privacy Act

    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, 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 (65 FR 19477) or you
may visit http://www.regulations.gov/search/footer/privacyanduse.jsp.

K. 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 rule is not
considered as creating an unnecessary obstacle to foreign commerce.

List of Subjects

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste,
Labeling, Markings, Packaging and containers, Reporting and
recordkeeping requirements.

49 CFR Part 173

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

49 CFR Part 174

    Hazardous materials transportation, Radioactive materials, Rail
carriers, Railroad safety, Reporting and recordkeeping requirements.

    Accordingly, 49 CFR parts 172, 173, and 174 are corrected by making
the following correcting amendments:

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS

0
1. The authority citation for Part 172 continues to read as follows:

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

0
2. In Sec.  172.203, paragraph (p) is revised to read as follows:

Sec.  172.203  Additional description requirements.

* * * * *
    (p) Liquefied petroleum gas (LPG). The word ``non-odorized'' or
``not-odorized'' must be included in association with the proper
shipping description on a shipping paper when non-odorized liquefied
petroleum gas is offered for transportation.

0
3. In Sec.  172.432, paragraph (a) is revised to read as follows:

Sec.  172.432  INFECTIOUS SUBSTANCE label.

    (a) Except for size and color, the INFECTIOUS SUBSTANCE label must
be as follows:
[GRAPHIC] [TIFF OMITTED] TR28DE11.006

* * * * *

0
4. In Sec.  172.446, paragraph (a) is revised to read as follows:

Sec.  172.446  CLASS 9 label.

    (a) Except for size and color, the ``CLASS 9'' (miscellaneous
hazardous materials) label must be as follows:
[GRAPHIC] [TIFF OMITTED] TR28DE11.007

* * * * *

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

0
5. The authority citation for part 173 continues to read as follows:

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

0
6. In Sec.  173.32, in paragraph (c)(2), the wording ``(see Sec.
171.14(d)(4) for transitional provisions applicable to T codes)'' is
removed.

PART 174--CARRIAGE BY RAIL

0
7. The authority citation for part 174 continues to read as follows:

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

Sec.  174.104  [Amended]

0
8. In Sec.  174.104, in paragraph (f), each reference to the year
``19----'' on the certificate is removed and replaced with the year
``20----.''

    Issued in Washington, DC, on December 21, 2011 under authority
delegated in 49 CFR part 1.
Cynthia L. Quarterman,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2011-33193 Filed 12-27-11; 8:45 am]
BILLING CODE 4910-60-P