[Federal Register Volume 60, Number 114 (Wednesday, June 14, 1995)]
[Notices]
[Pages 31347-31348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14565]



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DEPARTMENT OF TRANSPORTATION
[Docket No. HM-208; Notice No. 95-8]


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 1995-96 on July 1, 1995. 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 1994-95 Registration 
Year were mailed a Registration Statement form and informational 
brochure.

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: This notice is intended to notify persons 
who transport or offer for transportation certain hazardous materials 
of an annual requirement to register with the Department of 
Transportation. Each person, as defined by the Federal hazardous 
materials transportation law (49 U.S.C. 5101 et seq.), 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 $250 registration fee (plus a 
separate $50 processing fee). The regulations implementing this program 
are in Title 49, Code of Federal Regulations, Sec. Sec. 107.601-
107.620.
    Proceeds are used to fund grants to State and Indian tribal 
governments for emergency response training and planning. Grants were 
awarded to all states, five territories, and 11 Native American tribes 
during FY 1994. By law, 75 percent of the Federal grant monies is 
further distributed to local emergency response and planning agencies. 
The FY 1993 funds helped to provide (1) over 500 commodity flow studies 
and hazard analyses, (2) over 1,000 emergency response plans updated or 
written for the first time, (3) assistance to over 1,200 local 
emergency planning committees, (4) over 600 emergency exercises, and 
(5) training for over 200,000 emergency response personnel.
    The persons affected by these requirements are 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 1994-95 registration year ends on June 30, 1995. The 1995-96 
Registration Year will begin on July 1, 1995, and end on June 30, 1996. 
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, 1995, or before engaging in any of the 
activities, whichever is later. All persons who registered for the 
1994-95 Registration Year have been mailed a Registration Statement 
form and an informational brochure. Other persons wishing to obtain the 
form and any other information relating to this program should contact 
the program number given above.
    The Registration Statement has not been revised for the 1995-96 
Registration Year. The informational brochure has been revised to be 
more customer oriented and to provide some information that was not 
previously included in the brochure. Registrants should file a 
registration statement and pay the associated fee in advance of July 1, 
1995, in order to ensure that a 1995-96 Certificate of Registration has 
been provided by that date to comply with the recordkeeping 
requirements, including the requirement that the registration number be 
made available on board each truck and truck tractor (not including 
trailers and semi-trailers) and each vessel 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), 1993-94 (July 1, 1993, through June 
30, 1994), or 1994-95 (July 1, 1994, through June 30, 1995) 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). A copy of the form 
being distributed for the 1995-96 Registration Year may be used to 
register for previous years. 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 activity is performed. The 
legal obligation to register for a year in which any specified activity 
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.
    During the 1995-96 Registration Year, RSPA is continuing to 
participate with the Public Utilities Commission of Ohio (PUCO) in a 
pilot test of an alternate 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 both the Federal registration requirements and the PUCO 
requirements may obtain further information from the PUCO at 614-466-
7232.
    On January 30, 1995, RSPA published a notice of proposed rulemaking 
in the Federal Register requesting comments on several proposed changes 
to the registration program. Over 350 comments were submitted in 
response. After reviewing the comments and evaluating the options 
available to the Department, RSPA decided to maintain the total fee for 
registration and processing at $300 rather than to implement a 
graduated fee schedule 

[[Page 31348]]
based on measurements of involvement in the transportation of hazardous 
materials. Two minor changes will be adopted for the 1996-97 
Registration Year: (1) Foreign offerors will be permanently excepted 
from the registration requirement as long as the country in which they 
are domiciled does not impose a registration or a fee upon U.S. 
companies for offering hazardous materials into that country, and (2) 
the definition of ``materials extremely toxic by inhalation'' will be 
expanded to include all materials poisonous by inhalation that meet the 
criteria for hazard zone A. For more information, see the Final Rule on 
Docket HM-208B published in the Federal Register on May 23, 1995 (60 FR 
27231).

    Dated: June 9, 1995.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 95-14565 Filed 6-13-95; 8:45 am]
BILLING CODE 4910-60-P