[Federal Register Volume 59, Number 82 (Friday, April 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10208]


[[Page Unknown]]

[Federal Register: April 29, 1994]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 107 and 171

[Docket No. HM-208; Notice 94-5]

 

Hazardous Materials Transportation; Registration and Fee 
Assessment Program

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

ACTION: Notice of filing requirements.

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SUMMARY: The Hazardous Materials Registration Program will enter 
Registration Year 1994-95 on July 1, 1994. Persons who transport or 
offer for transportation certain hazardous materials are required to 
annually file a registration statement and pay a fee to the Department 
of Transportation. Persons who registered for the 1993-94 Registration 
Year will be mailed a Registration Statement form and informational 
brochure in April.

FOR FURTHER INFORMATION CONTACT:
David W. Donaldson, Office of Hazardous Materials Planning and Analysis 
(202-366-4109), Hazardous Materials Safety, 400 Seventh Street SW., 
Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: The purpose of this notice is to advise 
persons who transport or offer for transportation certain hazardous 
materials of an annual requirement to register with the Department of 
Transportation. A Final Rule implementing this requirement was 
published in the Federal Register on July 9, 1992 (57 FR 30620-30633), 
a clarification on July 28, 1992 (57 FR 33416-33417), editorial 
revisions on August 21, 1992 (57 FR 37900-37902), a formal 
interpretation of the terms ``offeror'' and ``transporter'' on October 
28, 1992 (57 FR 48739-48741), and an amendment to the regulation on 
March 5, 1993 (58 FR 12543-12545). Each person, as defined by the 
Hazardous Materials Transportation Act, who engages in any of the 
specified activities relating to the transportation of hazardous 
materials is required to register annually with the Department of 
Transportation and pay a fee. Proceeds are used to fund grants to 
State, local, and Indian tribal governments for emergency response 
planning and training. The regulations implementing this program are in 
Title 49, Code of Federal Regulations, Sections 107.601-107.620.
    The persons affected by this rule include those who offer or 
transport in commerce any of the following materials:
    A. Any highway route-controlled quantity of a Class 7 (radioactive) 
material;
    B. More than 25 kilograms (55 pounds) of a Division 1.1, 1.2, or 
1.3 (explosive) material in a motor vehicle, rail car, or freight 
container;
    C. More than one liter (1.06 quarts) per package of a material 
extremely toxic by inhalation (Division 2.3, Hazard Zone A, or Division 
6.1, Packing Group I, Hazard Zone A);
    D. A hazardous material in a bulk packaging having a capacity equal 
to or greater than 13,248 liters (3,500 gallons) for liquids or gases 
or more than 13.24 cubic meters (468 cubic feet) for solids; or
    E. A shipment, in other than a bulk packaging, of 2,268 kilograms 
(5,000 pounds) gross weight or more of a class of hazardous materials 
for which placarding of a vehicle, rail car, or freight container is 
required for that class.
    The 1993-94 registration year ends on June 30, 1994. The 1994-95 
Registration Year will begin on July 1, 1994, and end on June 30, 1995. 
Any person who engages in any of the specified activities during that 
period must file a Registration Statement and pay the associated fee of 
$300.00 before July 1, 1994, or before engaging in any of the 
activities, whichever is later. All persons who registered for the 
1993-94 Registration Year will be mailed a Registration Statement form 
and an informational brochure in May 1994. Others wishing to obtain the 
form and any other information relating to this program should contact 
the program number given above.
    RSPA is now accepting 1994-95 registrations. The Registration 
Statement has not been revised for the 1994-95 Registration Year. 
Registrants should file a registration statement and pay the associated 
fee in advance of July 1, 1994, in order to ensure that a 1994-95 
Registration Number has been provided by that date to comply with the 
recordkeeping requirements, including the requirement that the number 
be made available on board each truck and truck tractor (not including 
trailers and semi-trailers) used to transport hazardous materials 
subject to the registration requirements. A Certificate of Registration 
is generally mailed within three weeks of RSPA's receipt of a 
Registration Statement.
    Persons who engage in any of the specified activities during a 
Registration Year are required to register for that year. Persons who 
engaged in these activities during Registration Year 1992-93 (September 
16, 1992, through June 30, 1993) or 1993-94 (July 1, 1993, through June 
30, 1994) and have not filed a registration statement and paid the 
associated fee of $300.00 for each year for which registration is 
required should contact RSPA to obtain the required form (DOT F 
5800.2). Persons who fail to register for any registration year in 
which they engaged in such activities are subject to civil penalties 
for each day a covered function is performed. The legal obligation to 
register for a year in which any of the specified activities was 
conducted does not end with the registration year. Registration after 
the completion of a registration year may also involve the imposition 
of a late fee and interest in addition to a civil penalty.
    For the 1994-95 Registration Year, RSPA has entered into an 
agreement with the Public Utilities Commission of Ohio (PUCO) to test 
an alternative procedure for filing the Federal Registration Statement 
for motor carriers who are also subject to the State of Ohio's 
registration program. Ohio Revised Code Section 4905.80 requires that 
motor carriers transporting in or through Ohio hazardous materials that 
must be placarded, require the display of vehicle markings, or must be 
manifested register with PUCO.
    Motor carriers who are subject to the Federal 1994-95 Hazardous 
Materials Registration requirement, may elect to submit a completed 
Federal Registration Statement DOT Form F 5800.2, through PUCO together 
with the associated fee of $300.00 payable to the U.S. Department of 
Transportation. This option for the submittal of the Federal 
registration documents through PUCO is being offered to certain motor 
carriers to demonstrate if this procedure is more cost-effective or 
otherwise less burdensome to industry and government. Since this 
procedure is optional, a motor carrier subject to Ohio's registration 
requirement may elect to register in the Federal program directly with 
the U.S. Department of Transportation, as specified in 49 CFR 107.616. 
However, PUCO has agreed to verify that all motor carriers required to 
register with PUCO are registered with DOT if they are subject to the 
Federal registration requirements.
    A motor carrier subject to both the Federal and PUCO registration 
requirements who elects to register in the Federal program through PUCO 
may obtain the required Federal and Ohio forms and related information 
by contacting the Public Utilities Commission of Ohio, Transportation 
Department, Hazardous Materials Division, 180 East Broad Street, 5th 
Floor, Columbus, OH 43215-3793, telephone 614-466-7232.
    On April 1, 1994 (59 FR 15602-15605), RSPA published a Notice of 
Proposed Rulemaking, in which it proposed several additional 
requirements that may affect persons currently subject to the 
registration requirements. New provisions proposed in this notice 
include: (1) A requirement that shippers verify that carriers are 
registered before using their services and that carriers verify that 
shippers are registered before accepting a shipment from them; (2) a 
requirement that vessel operators carry proof of registration on each 
vessel subject to the registration requirement; and (3) a two-year 
extension (until July 1, 1996) in the delay in implementation of the 
registration requirement for foreign offerors of hazardous materials. 
Persons subject to the registration requirements are advised to watch 
for further developments in this rulemaking action.

    Dated: April 22, 1994.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 94-10208 Filed 4-28-94; 8:45 am]
BILLING CODE 4910-60-M