[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