[Federal Register Volume 64, Number 100 (Tuesday, May 25, 1999)]
[Proposed Rules]
[Page 28135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13163]
[[Page 28135]]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Part 107
[Docket No. RSPA-99-5137 (HM-208C)]
RIN 2137-AD17
Hazardous Materials Transportation; Registration and Fee
Assessment Program; Extension of Comment Period and Announcement of
Second Public Meeting
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Proposed rule; extension of time to file comments and public
meeting announcement.
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SUMMARY: On April 15, 1999, RSPA published a proposed rule to change
the current registration and fee assessment program for persons who
transport or offer for transportation certain categories and quantities
of hazardous materials. RSPA is extending until July 2, 1999, the
period for filing comments to the notice of proposed rulemaking (NPRM).
RSPA will conduct a second public meeting on June 22, 1999, in Des
Moines, Iowa.
DATES: Comment Date. Comments must be received on or before July 2,
1999.
Public Meeting Date. A second public meeting will be held on June
22, 1999, from 9:00 a.m. to 1:30 p.m.
ADDRESSES: Written Comments: Address comments to the Dockets Management
System, U.S. Department of Transportation, PL 401, 400 Seventh St., SW,
Washington, DC 20590-0001. Comments should identify the docket number,
RSPA 99-5137 (HM-208C), and should be submitted in two copies. Persons
wishing to receive confirmation of receipt of their comments should
include a self-addressed stamped postcard. The Dockets Management
System is located on the Plaza Level of the Nassif Building, at the
above address. Public dockets may be reviewed between the hours of
10:00 a.m. to 5:00 p.m., Monday through Friday, excluding Federal
holidays. In addition, comments can be reviewed by accessing the DOT
Homepage (http://www.dot.gov). You may also submit comments to the
docket electronically. To do so, log on the DMS Web at <<http://
dms.dot.gov. Click on Help & Information to
obtain instructions for filing a document electronically. In every
case, the comment should refer to the Docket number set forth above.
Public Meeting: The public meeting will be held in Des Moines,
Iowa, at 717 East Court Avenue, Des Moines, Iowa. For information on
facilities or services for individuals with disabilities or to request
special assistance at the meetings, contact Ms. Deborah Boothe at the
address or phone number listed under ``FOR FURTHER INFORMATION
CONTACT'' as soon as possible.
FOR FURTHER INFORMATION CONTACT: Mr. David Donaldson, Office of
Hazardous Materials Planning and Analysis, (202) 366-4484, or Ms.
Deborah Boothe, Office of Hazardous Materials Standards, (202) 366-
8553, RSPA, Department of Transportation, 400 Seventh Street SW,
Washington, DC . Persons wishing to attend and/or speak at the public
meeting should contact the persons listed above.
SUPPLEMENTARY INFORMATION: On April 15, 1999, RSPA published an NPRM in
the Federal Register under Docket RSPA-99-5137 (HM-208C) (64 FR 18786).
RSPA proposed in the NPRM to amend certain requirements in the current
registration and fee assessment program for persons who transport or
offer for transportation certain categories and quantities of hazardous
materials. The proposed changes would increase (1) the number of
persons required to register and (2) the annual registration fee for
shippers and carriers who are not a small business under Small Business
Administration criteria. The proposed changes are intended to raise
additional funds to enhance support for the national Hazardous
Materials Emergency Preparedness Grants Program. The NPRM also
announced a public meeting on May 25, 1999, in Washington, DC, to
discuss the proposed changes.
The Illinois Fertilizer and Chemical Association and the Michigan
Agri-Business Association have asked RSPA to hold a second public
meeting in the Midwest to discuss the proposals in the NPRM. These
associations suggested five cities, including Des Moines, as possible
locations for this meeting. RSPA agrees with their request and is
scheduling a second public meeting for June 22, 1999, in Des Moines,
Iowa. In order to allow sufficient time for interested parties to
submit comments on the NPRM after this public meeting, RSPA is also
extending the comment period to July 2, 1999.
RSPA invites all interested parties to submit comments on the
proposals in the NPRM and on a suggestion by the Iowa Department of
Transportation's (IDOT) Office of Motor Vehicle Enforcement to expand
the registration requirement to apply to any person who offers or
transports ``shipments that are required to be marked and/or
placarded,'' including marine pollutants, class 9 materials and
cryogenics. IDOT's letter, which also raises concerns about RSPA's
proposal for two levels of registration fees, is set forth in Appendix
A.
Issued in Washington DC on May 20, 1999.
Robert A. McGuire,
Deputy Associate Administrator for Hazardous Materials Safety.
Appendix A
May 6, 1999.
Dockets Unit, U.S. Department of Transportation, Room PL 401, 400
Seventh Street, SW, Washington, DC 20590-0001.
Dear Docket Clerk: The Iowa Department of Transportation's
Office of Motor Vehicle Enforcement offers the following comments to
Docket HM-208c:
We support expanding the base of persons required to register.
However, we would like to see the registration program include
shipments that are required to be marked and/or placarded. This
would include marine pollutants, class 9 materials and cryogenics.
To simplify matters the applicability should read as follows:
The registration and fee requirements of this subpart apply to
any person who offers for transportation, or transports in foreign,
interstate or intrastate commerce.
A type or quantity of Hazardous Materials that requires
placarding, marine pollutant marking or the display of
identification numbers on placards, white square on point
configurations or orange panels.
This section does not apply to those activities of a [farmer],
as defined in section 171.8 of this chapter, that are [in direct]
support of the farmers farming operations.
The concept of a tiered program may be more difficult to
implement than expected. Basing it on gross revenue of a company's
total operation is unfair to say the least. They may have a high
gross revenue, but only a small percentage is derived from Hazardous
Materials activities.
By lowering the registration threshold quantity, more offerors
and carriers would be required to register. Keep it simple, if you
offer or transport HM in quantities that require placarding, or the
[marine] (sic) pollutant mark, or the display of identification
numbers on placards, white square on point configurations or orange
panels you must register.
Sincerely,
Michael L. Winfrey,
Director, Motor Vehicle Enforcement.
[FR Doc. 99-13163 Filed 5-20-99; 3:58 pm]
BILLING CODE 4910-60-P