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[Federal Register: March 23, 1999 (Volume 64, Number 55)]


[Proposed Rules]               


[Page 13943-13947]


From the Federal Register Online via GPO Access [wais.access.gpo.gov]


[DOCID:fr23mr99-25]








[[Page 13943]]





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DEPARTMENT OF TRANSPORTATION





Research and Special Programs Administration





49 CFR Part 171





[Docket No. RSPA-99-5013 (HM-229)]


RIN 2137-AD21





 


Hazardous Materials: Revisions to the Incident Reporting 


Requirements and the Detailed Hazardous Materials Incident Report DOT 


Form F 5800.1





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





ACTION: Advance notice of proposed rulemaking (ANPRM).





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





SUMMARY: This ANPRM solicits comments on the merits of revising the 


current incident reporting requirements of the Hazardous Materials 


Regulations and the Hazardous Materials Incident Report form (DOT Form 


F 5800.1). The Federal hazardous material transportation law requires 


the Secretary of Transportation to maintain a facility and technical 


staff sufficient to maintain a central reporting system to develop a 


statistical compilation on casualties and conduct reviews on hazardous 


materials transportation. Any changes resulting from this rulemaking 


are intended to increase the usefulness of data collected for risk 


analysis and management by government and industry and, where possible, 


provide relief from regulatory requirements.





DATES: Send your comments on or before June 21, 1999.





ADDRESSES: Address your comments to the Dockets Management System, U.S. 


Department of Transportation, Room PL 401, 400 Seventh St., SW., 


Washington, DC 20590-0001. You must identify the docket number, RSPA-


99-5013 (HM-229) at the beginning of your comments, and you should 


submit two copies of your comments. If you wish to receive confirmation 


that RSPA has received your comments, include a self-addressed stamped 


postcard.  The Dockets Unit is located on the Plaza Level of 


the Nassif Building at the U.S. DOT at the above address. You may view 


public dockets between the hours of 10 a.m. and 5 p.m., Monday through 


Friday, except on Federal holidays.





Electronic Access





    You may review all comments received by the Dockets Office on the 


Internet at http://dms.dot.gov. It is available 24 hours a day, 365 


days a year. An electronic copy of this document may be downloaded from 


the Federal Register Electronic Bulletin Board Service at (202) 512-


1661. Internet users may reach the Federal Register's home page at: 


http://www.nara.gov/nara/fedreg and the Government Printing Office's 


database at http://www.access.gpo.gov/su__docs or the Office of 


Hazardous Materials Safety at http://rspa.dot.dov/rulemake.htm. You may 


obtain copies of DOT Form F 5800.1 and the instruction booklet for 


completing DOT Form F 5800.1 at the Office of Hazardous Materials 


Safety's web site at http://hazmat.dot.gov/spills.htm or http://


hazmat.dot.gov/ohmforms.htm#incidents.





FOR FURTHER INFORMATION CONTACT: Diane LaValle, at the Office of 


Hazardous Materials Standards, telephone (202) 366-8553 or Kevin 


Coburn, at the Office of Hazardous Materials Planning & Analysis, 


telephone (202) 366-4555, Research and Special Programs Administration, 


U.S. Department of Transportation, 400 Seventh Street, SW., Washington, 


DC 20590-0001.





SUPPLEMENTARY INFORMATION:





I. Background





    On March 4, 1995, the President directed all Federal agencies to 


perform an extensive review of each of their regulations and eliminate 


or revise those requirements that are outdated or in need of reform. As 


a result of its review of the Hazardous Materials Regulations (HMR; 49 


CFR parts 171-180), the Research and Special Programs Administration 


(RSPA, ``we'') is considering revisions to the incident reporting 


requirements in Secs. 171.15 and 171.16 and the incident report form, 


DOT Form F 5800.1.


    Following a meeting between DOT and members of several trade 


associations concerning hazardous materials incident reporting, the 


Association of American Railroads sponsored a workgroup with segments 


of the transportation community to discuss the DOT Form F 5800.1 and 


reporting requirements of Secs. 171.15 and 171.16. The workgroup 


meetings were held during the winter of 1997-98. Participants included 


representatives of all four transportation modes, shippers, container 


manufacturers, and labor. The workgroup drafted suggestions and 


submitted them to RSPA. We developed questions based on input from 


these meetings, the DOT modal agencies, other concerned individuals, 


and our own initiative. We are now requesting comments on the merits of 


revising the requirements of Secs. 171.15 and 171.16 for incident 


reporting and revising DOT Form F 5800.1.


    Currently Sec. 171.15 provides criteria requiring immediate 


notification of unintentional hazardous materials releases to the 


National Response Center. Each carrier making a report under 


Sec. 171.15 is also required to fill out DOT Form F 5800.1 as required 


by Sec. 171.16. Additionally, carriers are currently required to fill 


out DOT Form F 5800.1 for unintentional releases when the conditions of 


Sec. 171.16 are met. We use the data and information we collect:


    <bullet> As an aid in evaluating the effectiveness of the existing 


regulations.


    <bullet> To assist in determining the need for regulatory changes 


to cover changing transportation safety problems.


    <bullet> To determine major problem areas so that the attention of 


the Department may be more suitably directed to those areas.


    We are considering expanding the reporting requirements in 


Secs. 171.15 and 171.16 to include circumstances that are not currently 


required to be reported. For example, some questions concern reporting 


of undeclared shipments of hazardous materials whether or not there is 


a release. We are also considering expanding the reporting requirements 


to persons other than carriers. Other questions concern reporting of 


damage to packagings, especially bulk packagings such as cargo tanks, 


whether or not there has been a release. We anticipate that a modest 


increase in reporting potentially high-consequence incidents would be 


offset by reduced reporting requirements for incidents with less 


serious potential impacts.


    This advance notice of proposed rulemaking (ANPRM) is designed to 


evaluate the need for any change in reporting requirements, to obtain 


more useful information from DOT Form F 5800.1 submissions and to 


reduce the regulatory burden on industry. Any changes would be based on 


both our own initiative and suggestions made by various members of 


industry. This ANPRM is also consistent with the goals of the 


President's Regulatory Reinvention Initiative.





II. Impact on Small Businesses





    Section 610 of the Regulatory Flexibility Act of 1980 (Pub. L. 96-


354), as amended by the Small Business Regulatory Enforcement Fairness 


Act of 1996 (Pub. L. 104-121), requires agencies to conduct periodic 


reviews of rules that have or will have a significant economic impact 


on a substantial number of small business entities. The purpose of the 


reviews is to determine





[[Page 13944]]





whether such rules should be continued without change, or should be 


amended or rescinded, consistent with the objectives of applicable 


statutes, to minimize any significant economic impact of the rules on a 


substantial number of such small entities. The reviews are to consider: 


(1) The continued need for the rule; (2) the nature of complaints or 


comments received from the public; (3) the complexity of the rule; (4) 


the extent to which the rule overlaps, duplicates, or conflicts with 


other federal rules or with state or local government rules; and (5) 


the length of time since the rule has been evaluated or the degree to 


which technology, economic conditions, or other factors have changed in 


the area affected by the rule. This ANPRM provides an opportunity for 


small entities to submit information relevant to this review.





III. Plain Language





    RSPA intends to revise the Hazardous Materials Incident Report and 


Secs. 171.15 and 171.16 in plain language. Clearer rules will improve 


both compliance and enforceability. Interested persons are encouraged 


to submit draft regulatory language they believe clearly and simply 


communicates regulatory requirements.


    We request written comments from interested persons concerning 


regulatory changes and clarifications that will simplify completion of 


the Hazardous Materials Incident Report. Interested persons may submit 


draft regulatory language and comments suggesting ways to write the 


requirements for reporting hazardous materials incidents which would 


promote understanding and compliance. Comments that provide reasons and 


factual data are especially helpful.





IV. Questions





    Questions on revising DOT Form F 5800.1 and the associated sections 


of the HMR generally fall within five categories. These categories are:


    <bullet> General Issues.


    <bullet> Telephonic Notification.


    <bullet> Written Reports.


    <bullet> DOT Form F 5800.1.


    <bullet> Customer Uses and Needs.


    <bullet> National Transportation Safety Board recommendations.


    An exact copy of the current DOT Form F 5800.1 is included with 


this ANPRM as an aid to the reader. In addition, Secs. 171.15 and 


171.16 are set forth in their entirety, as follows:





Sec. 171.15--Immediate Notice of Certain Hazardous Materials 


Incidents





    (a) At the earliest practicable moment, each carrier who 


transports hazardous materials (including hazardous wastes) shall 


give notice in accordance with paragraph (b) of this section after 


each incident that occurs during the course of transportation 


(including loading, unloading and temporary storage) in which:


    (1) As a direct result of hazardous materials--


    (i) A person is killed; or


    (ii) A person receives injuries requiring his or her 


hospitalization; or


    (iii) Estimated carrier or other property damage exceeds 


$50,000; or


    (iv) An evacuation of the general public occurs lasting one or 


more hours; or


    (v) One or more major transportation arteries or facilities are 


closed or shut down for one hour or more; or


    (vi) The operational flight pattern or routine of an aircraft is 


altered; or


    (2) Fire, breakage, spillage, or suspected radioactive 


contamination occurs involving shipment of radioactive material (see 


also Secs. 174.45, 175.45, 176.48, and 177.807 of this subchapter); 


or


    (3) Fire, breakage, spillage, or suspected contamination occurs 


involving shipment of infectious substances (etiologic agents); or


    (4) There has been a release of a marine pollutant in a quantity 


exceeding 450 L (119 gallons) for liquids or 400 kg (882 pounds) for 


solids; or


    (5) A situation exists of such a nature (e.g., a continuing 


danger to life exists at the scene of the incident) that, in the 


judgment of the carrier, it should be reported to the Department 


even though it does not meet the criteria of paragraph (a) (1), (2) 


or (3) of this section.


    (b) Except for transportation by aircraft, each notice required 


by paragraph (a) of this section shall be given to the Department by 


telephone (toll-free) on 800-424-8802. Notice involving shipments 


transported by aircraft must be given to the nearest FAA Civil 


Aviation Security Office by telephone at the earliest practical 


moment after each incident in place of the notice to the Department. 


Notice involving etiologic agents may be given the Director, Centers 


for Disease Control, U.S. Public Health Service, Atlanta, Ga., (800) 


232-0124, in place of the notice to the Department or (toll call) on 


202-267-2675. Each notice must include the following information:


    (1) Name of reporter.


    (2) Name and address of carrier represented by reporter.


    (3) Phone number where reporter can be contacted.


    (4) Date, time, and location of incident.


    (5) The extent of injuries, if any.


    (6) Classification, name, and quantity of hazardous materials 


involved, if such information is available.


    (7) Type of incident and nature of hazardous material 


involvement and whether a continuing danger to life exists at the 


scene.


    (c) Each carrier making a report under this section shall also 


make the report required by Sec. 171.16.





    Note: Under 40 CFR 302.6 EPA requires persons in charge of 


facilities (including transport vehicles, vessels and aircraft) to 


report any release of a hazardous substance in a quantity equal to 


or greater than its reportable quantity, as soon as that person has 


knowledge of the release, to the U.S. Coast Guard National Response 


Center at (toll free) 800-424-8802 or (toll) 202-267-2675.





Sec. 171.16--Detailed Hazardous Materials Incident Reports





    (a) Each carrier who transports hazardous materials shall report 


in writing, in duplicate, on DOT Form F 5800.1 (Rev. 6/89) to the 


Department within 30 days of the date of discovery, each incident 


that occurs during the course of transportation (including loading, 


unloading, and temporary storage) in which any of the circumstances 


set forth in 171.15(a) occurs or there has been an unintentional 


release of hazardous materials from a package (including a tank) or 


any quantity of hazardous waste has been discharged during 


transportation. If a report pertains to a hazardous waste discharge:


    (1) A copy of the hazardous waste manifest for the waste must be 


attached to the report; and


    (2) An estimate of the quantity of the waste removed from the 


scene, the name and address of the facility to which it was taken, 


and the manner of disposition of any removed waste must be entered 


in Section IX of the report form (Form F 5800.1) (Rev. 6/89).


    (b) Each carrier making a report under this section shall send 


the report to the Information Systems Manager, DHM-63 , Research and 


Special Programs Administration, Department of Transportation, 


Washington, DC 20590-0001; and, for incidents involving 


transportation by aircraft, a copy of the report shall also be sent 


to the FAA Civil Aviation Security Office nearest the location of 


the incident. A copy of the report shall be retained, for a period 


of two years, at the carrier's principal place of business, or at 


other places as authorized and approved in writing by an agency of 


the Department of Transportation.


    (c) Except as provided in paragraph (d) of this section, the 


requirements of paragraph (a) of this section do not apply to 


incidents involving the unintentional release of a hazardous 


material--


    (1) Transported under one of the following proper shipping 


names:


    (i) Consumer commodity.


    (ii) Battery, electric storage, wet, filled with acid or alkali.


    (iii) Paint and paint related material when shipped in 


packagings of five gallons or less.


    (2) Prepared and transported as a limited quantity shipment in 


accordance with this subchapter.


    (d) The exceptions to incident reporting provided in paragraph 


(c) of this section do not apply to:


    (1) Incidents required to be reported under 171.15(a);


    (2) Incidents involving transportation aboard aircraft;


    (3) Except for consumer commodities, materials in Packing Group 


I; or


    (4) Incidents involving the transportation of hazardous waste.





General Issues





    1. Should the hazardous materials incident reporting requirements 


be





[[Page 13945]]





extended to persons other than carriers (such as freight forwarders, 


warehouse operators, consignees, etc.)?


    2. Should RSPA require reporting of any incident involving 


discovery of an undeclared shipment of a hazardous material whether or 


not there is a release of the hazardous material? Should the expanded 


requirement apply only to incidents discovered by a carrier during 


transportation? Should the expanded requirement apply to discovery by a 


consignee or other person during or following delivery of the material?





Telephonic Notification (see Sec. 171.15)





    3. Currently, immediate notification is required for incidents 


where estimated carrier or other property damage exceeds $50,000. Is 


this monetary reporting threshold reasonable? Should it be modified or 


eliminated? If modified, to what amount? Why?


    4. Should any other current requirements for immediate notification 


be modified or eliminated? If so, explain your suggested modification, 


the reasons for the modification, and anticipated impacts.


    5. Should RSPA require immediate telephonic notification for any 


other type of incident?


    6. In addition to notifying the National Response Center, should a 


carrier also be required to give immediate telephonic notification of 


an incident to the person who offered the hazardous material for 


shipment?


    7. If an incident requiring immediate telephonic notification 


occurs at the location of an offeror or consignee, should the offeror 


or consignee be required to provide the notification? Should such 


notification be in addition to, or instead of notification from the 


carrier? What would be the usefulness and burdens associated with such 


a requirement?





Written Reports (see Sec. 171.16)





    8. Is the current regulatory language clear as to when a written 


incident report is required? If not, what changes should RSPA make?


    9. To provide a broader perspective for risk management in more 


critical hazardous material transportation situations, should 


additional information be collected through the incident reporting 


system to document successful performance and better gauge the 


integrity of packaging? For instance, should information be collected 


on certain highway accidents whether or not a hazardous material has 


been released? Would an appropriate definition of ``accident'' for 


reporting purposes be ``any collision, rollover, jack-knife, or 


departure from the roadway''? Should additional reporting be limited to 


certain packagings or materials such as--


    <bullet> Cargo tanks, portable tanks, and IM portable tanks with a 


capacity greater than 1000 gallons;


    <bullet> Cylinders containing flammable gas with a water capacity 


greater than 100 pounds;


    <bullet> Explosives in packaging greater than 50 pounds; or


    <bullet> Toxic-by-inhalation liquids or gases in any quantity and 


packaging?





Should such additional reporting be limited to situations where there 


is exposure to fire or damage to the packaging? Should reporting be 


required for railway accidents that do not involve the unintentional 


release of hazardous materials, or do mechanisms exist to adequately 


capture this information apart from DOT Form F 5800.1?


    10. Should RSPA expand the exceptions in Sec. 171.16(c) to include 


any other hazardous material; class, division, or packing group; or 


quantity limitations? If so, indicate the exception and why.


    11. Is there a spill quantity of an excepted material that should 


trigger incident reporting? For example, a spill of paint from a 


packaging with a capacity of less than 5 gallons is not reportable. 


Should a spill of a certain quantity of hazardous material be 


reportable regardless of the capacity of the packaging in which it was 


contained (e.g., a release from numerous small packagings)?





DOT Form F 5800.1 (See Appendix)





    12. Should RSPA develop an abbreviated incident report form for 


incidents of low severity? What criteria could be used as a threshold? 


What minimal information should be required for a low severity 


incident?


    13. Should DOT Form F 5800.1 be structured to more accurately 


describe the cause and manner of a packaging failure? How could this be 


done to better capture human causal factors?


    14. Would replacing the current check boxes on DOT Form F 5800.1, 


sections V 24 and VI 25 thru 29, with numerically coded responses or 


other means to better identify how the incident occurred, increase the 


difficulty or lengthen the time it takes to complete the report?


    15. Would replacing the boxes on DOT Form F 5800.1, section VIII 


parts 41 thru 45, with numerically coded responses or other means to 


identify the reasons why the packaging failed, increase the difficulty 


or lengthen the time it takes to complete the report?


    16. What additional fields, if any, should be included on the 


report form to indicate the amount of hazardous material that was 


initially in the package?


    17. Would the information required by section VII of the report 


form be easier to understand if column C was removed, column A was 


renamed ``Inner Package'', and column B was renamed ``Outer Package''? 


Why?


    18. Should there be either separate sections on DOT Form F 5800.1 


for reporting bulk and non-bulk packagings or a separate incident 


report form for these packagings?


    19. Should we require more specific incident location data, such as 


mile-post or street address, if available? How difficult would it be to 


obtain and report this information? What additional benefit would the 


information provide?


    20. How can better information be provided on DOT Form F 5800.1 as 


to the transportation phase of an incident (e.g., when the incident 


most likely occurred?)


    21. Should RSPA require updates to Section V 18 through V 23, the 


incident consequences fields, if additional or better data are 


available after the incident report form was submitted to DOT? Should 


RSPA set an amount or percentage change to trigger filing of a 


supplemental report?


    22. Should better information on release duration be collected (for 


example, the length of time a vapor is dispersed)? How could this be 


done?


    23. How can RSPA acquire better information on failures, such as 


estimated dimensions of cracks or punctures?


    24. What burden would you incur from a requirement to submit copies 


of photographs in your possession when specified criteria are met?


    25. Should reporting of information concerning duration of an 


evacuation be included on the incident report form?


    26. Should RSPA add an additional section to the incident report 


form to include information regarding who was injured or required 


hospitalization (e.g., general public, employees, or emergency response 


personnel)?


    27. Should RSPA add a section to the incident report form to 


identify the UN packing group, if any, of the hazardous material and 


the packaging?


    28. Are you aware of other Federal reporting forms that duplicate 


information required by DOT Form F 5800.1? If so, how could RSPA link 


the necessary transportation data to other required Federal reporting 


forms?





[[Page 13946]]





Customer Uses and Needs





    29. What data and information do you use from the incident report 


form and for what purpose?


    30. What additional data not now collected on the incident report 


form should be collected and for what purpose would it be used?


    31. Should access to incident data be available via the Internet? 


If only select data could be provided because of cost or technology 


considerations, what data would be most useful to you?


    32. RSPA is considering optional electronic filing of incident 


reports by facsimile (fax), electronic mail (e-mail), and Internet. Do 


you have recommendations concerning implementation of electronic 


filing? Are there other means of electronic filing that RSPA should 


consider?


    33. How would you use a tracking system for DOT Form F 5800.1 


submissions and processing status?





National Transportation Safety Board (NTSB) Recommendations





    Recommendation R-89-52 states that RSPA should:





    Establish procedures that require carriers reporting hazardous 


materials incidents under the provisions of 49 CFR 171.16 to notify 


shippers whose hazardous materials shipments are involved.





    34. In accordance with NTSB recommendation R-89-52, what would be 


the potential benefits or impacts of requiring carriers (other than 


private motor carriers) reporting hazardous materials incidents under 


49 CFR 171.16 to notify shippers whose hazardous materials shipments 


are involved in the incident being reported?


    Recommendation H-92-6 states that RSPA should:





    Implement, in cooperation with the Federal Highway 


Administration, a program to collect information necessary to 


identify patterns of cargo tank equipment failures, including the 


reporting of all accidents involving DOT specification cargo tanks.





    35. In accordance with NTSB recommendation H-92-6, how could RSPA, 


in cooperation with FHWA, improve the current incident reporting 


program to collect information identifying patterns of cargo tank 


equipment failures, including reporting of all accidents involving a 


DOT specification cargo tank, whether or not a release occurred?





V. Regulatory Analyses and Notices





A. Executive Order 12866 and DOT Regulatory Policies and Procedures





    This ANPRM is not considered a significant regulatory action under 


section 3(f) of Executive Order 12866 and, therefore, was not reviewed 


by the Office of Management and Budget. This rule is not significant 


under the Regulatory Policies and Procedures of the Department of 


Transportation (44 FR 11034).


    The costs and benefits associated with this rulemaking are 


considered to be so minimal as to not warrant preparation of a 


regulatory impact analysis or regulatory evaluation. This determination 


may be revised as a result of public comment.





B. Executive Order 12612





    This proposed rule has been analyzed in accordance with the 


principles and criteria contained in Executive Order 12612 


(``Federalism''). Federal law expressly preempts State, local, and 


Indian tribe requirements applicable to the transportation of hazardous 


material that cover certain subjects and are not substantively the same 


as the Federal requirements. 49 U.S.C. 5125(b)(1). These subjects are:


    (i) The designation, description, and classification of hazardous 


material;


    (ii) The packing, repacking, handling, labeling, marking, and 


placarding of hazardous material;


    (iii) The preparation, execution, and use of shipping documents 


pertaining to hazardous material and requirements respecting the 


number, content, and placement of those documents;


    (iv) The written notification, recording, and reporting of the 


unintentional release in transportation of hazardous material; or


    (v) the design, manufacturing, fabrication, marking, maintenance, 


reconditioning, repairing, or testing of a package or container which 


is represented, marked, certified, or sold as qualified for use in the 


transportation of hazardous material.


    This proposed rule concerns the written notification, recording, 


and reporting of the unintentional release in transportation of 


hazardous materials. If adopted as final, this rule would preempt any 


State, local, or Indian tribe requirements concerning this subject 


unless the non-Federal requirements are ``substantively the same'' (see 


49 CFR 107.202(d)) as the Federal requirements.


    Federal law (49 U.S.C. 5125(b)(2)) provides that if DOT issues a 


regulation concerning any of the covered subjects after November 16, 


1990, DOT must determine and publish in the Federal Register the 


effective date of Federal preemption. That 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. RSPA 


requests comments on what the effective date of Federal preemption 


should be for any new requirements RSPA may propose concerning the 


specified covered subject.





C. Executive Order 13084





    This proposed rule has been analyzed in accordance with the 


principles and criteria contained in Executive order 13084 


(``Consultation and Coordination with Indian Tribal Governments''). 


Because this proposed rule would not significantly or uniquely affect 


the Indian tribal communities, the funding and consultation 


requirements of the Executive Order do not apply.





D. Regulatory Flexibility Act





    This ANPRM requests information on a series of questions which will 


be used to develop a proposal to amend provisions of the HMR addressing 


incident reporting, including the report form. RSPA anticipates that 


this rulemaking action will generally reduce burdens for most persons 


required to submit hazardous materials incident reports, some of whom 


are small entities. Since there are no specific proposals in this 


ANPRM, there are not costs to be evaluated. If a rulemaking is 


proposed, the impacts are anticipated to be so minimal as not to 


warrant preparation of a regulatory impact analysis. Therefore, I 


certify that this rulemaking action will not have a significant 


economic impact on a substantial number of small entities.





E. Paperwork Reduction Act





    Under the Paperwork Reduction Act of 1995, no person is required to 


respond to a collection of information unless it displays a valid OMB 


control number. This ANPRM does not propose any new information 


collection burdens.





F. 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.





G. Unfunded Mandates Reform Act





    This rulemaking would not impose unfunded mandates under the 


Unfunded Mandates Reform Act of 1995. It would not result in costs of 


$100 million or more to either State, local, or tribal governments, in 


the aggregate, or to the private sector.








[[Page 13947]]








    Issued in Washington, DC on March 17, 1999, under the authority 


delegated in 49 CFR part 106.


Alan I. Roberts,


Associate Administrator for Hazardous Materials Safety.


[FR Doc. 99-7040 Filed 3-22-99; 8:45 am]


BILLING CODE 4910-60-P








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