[Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
[Proposed Rules]
[Pages 36016-36020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17420]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 397

[FHWA Docket No. MC-96-10]


Recommendations on Uniform Forms and Procedures for the 
Transportation of Hazardous Materials

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of report availability; request for comments.

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SUMMARY: The FHWA is requesting public comment on the final report and 
recommendations of the Alliance for Uniform HazMat Transportation 
Procedures (the Alliance) concerning the implementation of 49 U.S.C. 
5119--formerly referred to as section 22 of the Hazardous Materials 
Transportation Uniform Safety Act of 1990 (HMTUSA). Section 5119 
requires the Secretary of Transportation (the Secretary) to establish a 
working group of State and local government officials to establish 
uniform forms and procedures for the registration of persons that 
transport hazardous materials by motor vehicle, and to decide whether 
to limit the filing of State registration and permit forms and the 
collection of filing fees. The Alliance is the working group created to 
fulfill the requirements of the HMTUSA, and accordingly, has published 
its final report with recommendations which is now available to the 
public.

DATES: Written comments must be received on or before November 6, 1996.

ADDRESSES: Submit written, signed comments to FHWA Docket No. MC-96- 
10, room 4232, HCC-10, Office of the Chief Counsel, Federal Highway 
Administration, 400 Seventh Street, SW., Washington, D. C. 20590. All 
comments received will be available for examination at the above 
address from 8:30 a.m. to 3:30 p.m., e.t., Monday through Friday, 
except Federal holidays. Those desiring notification of receipt of 
comments must include a self-addressed, stamped postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Office of Motor 
Carrier Research and Standards, (202) 366-4009; Mr. James D. McCauley, 
Office of Motor Carrier Safety and Technology, (202) 366-9579; or Mr. 
Raymond W. Cuprill, Office of Chief Counsel, (202) 366-0834, Federal 
Highway Administration, 400 Seventh Street, SW., Washington, D. C. 
20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday 
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Section 5119 of Title 49, United States Code, requires that the 
Secretary establish a working group of State and local government 
officials to develop recommendations on uniform forms and procedures 
that the States can use to register and permit persons that transport, 
or cause the transportation of, hazardous materials by motor vehicle. 
The working group is also required to make recommendations as to 
whether the filing of registration and permit forms, and the collection 
of related fees, should be limited to the State in which a person 
resides or has its principal place of business. In developing its 
recommendations, the group is required to consult with persons who are 
subject to these registration and permit requirements. The 
recommendations of the working group are to be included in a final 
report to the Secretary of Transportation.1 Finally, section 5119 
requires the issuance of regulations implementing those recommendations 
with which the Secretary agrees.
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    \1\ The report is to be also submitted to the Committee on 
Commerce, Science, and Transportation of the Senate, and the 
Committee on Public Works and Transportation of the House of 
Representatives.
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    Section 5119 was originally enacted as section 22 of the Hazardous 
Materials Transportation Uniform Safety Act of 1990 (Pub. L. 101-615, 
104 Stat. 3244; November 16, 1990). The HMTUSA amended the Hazardous 
Materials Transportation Act of 1974 (HMTA), Public Law 93-633, 88 
Stat. 2156, which granted regulatory and enforcement authority to the 
Secretary to provide adequate protection against the risks to life and 
property inherent in the transportation of hazardous materials in 
commerce. The HMTA was designed to replace a patchwork of State and 
Federal laws and regulations concerning hazardous materials 
transportation with a scheme of uniform, national regulations. The HMTA 
and HMTUSA were repealed by Public Law 103-272 (108 Stat. 745, 1379; 
July 5, 1994) with the statutory provisions applicable to the 
transportation of hazardous materials recodified at 49 U.S.C. 5101 et 
seq.

Implementation of Section 5119

A. Creation of the Alliance for Uniform HazMat Transportation 
Procedures

    In 1991, the National Governors' Association (NGA) and the National 
Conference of State Legislatures (NCSL) were awarded a contract to 
coordinate the staffing and operations of the

[[Page 36017]]

working group. The NGA and NCSL presented recommendations to the 
Secretary for the establishment of a panel to carry out the tasks of 
the working group. The panel was approved by the Secretary and held its 
first meeting in January 1992, at which time it selected the title 
``the Alliance for Uniform HazMat Transportation Procedures'' or ``the 
Alliance.''
    The Alliance authorized the formation of four subgroups to address 
specific areas of State hazardous materials transportation regulation. 
Industry representatives were invited to participate in the subgroups. 
The subgroups were:
    1. Shipper and Carrier Registration Subgroup;
    2. Shipper and Carrier Permitting and Licensing Subgroup;
    3. Operational Issues Subgroup; and,
    4. Audit and Enforcement Subgroup.
    Each subgroup was asked to examine current State practices, 
identify the extent to which State practices are uniform, identify 
barriers to uniformity, and make recommendations for criteria on which 
a uniform State program would be based.
    One of the key decisions to come out of the registration subgroup 
concerned shippers. After reviewing results from surveys of the States, 
the subgroup decided not to recommend a shipper registration program 
separate from the Federal program operated by the Research and Special 
Programs Administration (RSPA).2 (The RSPA's hazardous materials 
registration and fee assessment program are discussed later in this 
document.) Therefore, the following discussion of the Alliance's 
program only pertains to motor carriers.
     2 Alliance Phase One Subgroup Reports, National Governors' 
Association-National Conference of State Legislatures, June 1992. A 
copy of this document is included in the docket file.
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B. Pilot Study
    In May of 1992, the Alliance proceeded with the design and 
implementation of a two-year pilot project. The project was based upon 
the following assumptions/recommendations:
    1. Base-state system for registration and collection of fees;
    2. Reciprocity between states that require permits;
    3. Additional information for hazardous waste transporters;
    4. Individual state enforcement authority;
    5. Participation by localities; and,
    6. Establishment of a governing board to manage the pilot project.
    Based upon the Alliance's recommendations, the FHWA funded a two-
year demonstration program for four States. During the first year, each 
State would develop the internal administrative procedures and 
organization to conduct a test of the Alliance's recommended program. 
During the second year, the States would implement the program for 
motor carriers involved in the transportation of hazardous materials.
    In November of 1992, the Alliance contacted State hazardous 
materials transportation program administrators to solicit 
participation in the pilot study. The States of Minnesota, Nevada, 
Ohio, and West Virginia were chosen based upon the following criteria 
established by the Alliance:
    1. The Governor and State legislature were committed to taking the 
necessary legislative and administrative actions to conduct the State's 
hazardous materials transportation programs under the principles and 
operating procedures of the Alliance's recommendations;
    2. The regulated community within the State was committed to 
supporting participation in the program;
    3. The State had experience in the registration and permitting of 
hazardous materials, and/or in the transportation of radioactive 
materials;
    4. The group of States chosen reflected ``geographic diversity;''
    5. At least one pilot State had a ``major locality'' with a 
hazardous materials transportation registration or permitting program.
    On July 1, 1993, the pilot States began registering and permitting 
motor carriers in accordance with the Alliance's recommendations. Each 
participating State was given the opportunity to select one of the 
following three options for implementing the Alliance's Uniform 
Program:
    1. The State could apply the requirements of the Uniform Program to 
all motor carriers (interstate and intrastate); or
    2. The State could apply the requirements only to domiciled, 
interstate motor carriers that operate in two or more of the pilot 
States; or,
    3. The State could select an even smaller sample of interstate 
motor carriers.

Minnesota, Ohio, and West Virginia used option one while Nevada 
selected option two for the first round of registration and permitting 
with the intent of expanding the program to all motor carriers during 
the second program year.

C. The Alliance's Findings and Conclusions

    On March 15, 1996, the Alliance submitted its final report and 
recommendations to the FHWA. The Alliance concluded that the pilot 
study met the uniformity mandate of 49 U.S.C. 5119. The report states 
that all of the pilot States support the program and believe that other 
States should join the program to increase the benefits provided by 
this uniform program and to spread the administrative load presented by 
multi-state carriers. The report claims that industry participants also 
support making the program uniform in all States, although the industry 
believes that a shorter application form and a simplified formula for 
calculating fees should be used.
    The Alliance recommends that the Secretary:
    1. Explore options for the consolidation of Federal and State 
registration programs;
    2. Consider waiving the Federal requirement for motor carriers that 
have obtained a permit under the Uniform Program; and
    3. Promote a one-stop repository for up-to-date information on 
hazardous materials routing designations.
    In addition, the Alliance's Governing Board, which was responsible 
for managing the pilot program, recommends that the Congress amend 
section 5119 to require that any jurisdiction that elects to register 
and/or permit motor carriers to transport hazardous materials, must do 
so in conformity with the Alliance's Uniform Program. The Board 
recommends that the Secretary retain the authority to preempt any State 
program or program provision that the Secretary determines is 
inconsistent with the uniformity mandate. Additionally, the Board 
recommends that the Congress establish a deadline (not less than three 
years) for compliance with the mandate and provide financial support to 
the Alliance to facilitate State entry into the Uniform Program.

Other Federal and State Initiatives

    There are several major activities underway which may have an 
impact or may be related to the State hazardous materials 
transportation registration and permitting processes. These activities 
include: (1) The FHWA's motor carrier safety permits and inspection 
rulemaking; (2) the Research and Special Program Administration's 
(RSPA) Hazardous Materials Registration and Fee Assessment Program; (3) 
the Commercial Vehicle Information System (CVIS) feasibility study; and 
(4) the elimination of the Interstate Commerce Commission (ICC) and the 
transfer of the ICC's registration (operating authority) and insurance 
programs to the FHWA. All of these

[[Page 36018]]

initiatives, as well as the FHWA's motor carrier registration 
requirement--the motor carrier identification report (Form MCS-150) 
required by 49 CFR 385.21 and used by the FHWA to assign USDOT 
numbers--and the registration and insurance filings of for-hire motor 
carriers required by many States (Single State Registration System), 
are very similar or related. However, these programs are commonly 
administered as separate functions by several agencies within a State.
    These activities may have a significant bearing on the public 
comments offered in response to this notice and on the ultimate 
direction of any resulting rulemaking actions affecting Federal and 
State registration and permitting of transporters and shippers of 
hazardous materials. The FHWA encourages comments on the relationship 
between the recommendations of the Alliance and the activities 
discussed in this notice.

FHWA Rulemaking on Motor Carrier Safety Permits and the Inspection of 
Vehicles Transporting Highway-Route-Controlled Quantities of 
Radioactive Materials [49 U.S.C. 5109(a) and 5105(e)]

    Section 5109(a), Motor Carrier Safety Permits (originally enacted 
as one of the provisions of section 8 of the HMTUSA), provides that a 
motor carrier shall only transport, or cause the transportation of, 
hazardous materials in commerce if the carrier holds a safety permit 
issued by the Secretary and keeps a copy of the permit, or other proof 
of its existence, in the vehicle. The Secretary is required to 
prescribe by regulation the hazardous materials and amounts to which 
the permit requirement applies. However, the list of hazardous 
materials must include, at a minimum and in amounts established by the 
Secretary, the following:
    (1) Division 1.1, 1.2, and 1.3 (class A or B explosives);
    (2) liquefied natural gas;
    (3) hazardous material the Secretary designates as extremely toxic 
by inhalation; and
    (4) a highway-route-controlled quantity of radioactive material, as 
defined by the Secretary.
    Section 5105(e), Inspections of Motor Vehicles Transporting Certain 
Material (originally enacted as section 15 of the HMTUSA), directs the 
Secretary to issue regulations requiring that each motor vehicle 
transporting a highway-route-controlled quantity of Class 7 
(radioactive) material in commerce be inspected and certified as 
complying with the Federal hazardous materials and motor carrier safety 
laws and regulations. The Secretary may require the inspections to be 
conducted by Federal inspectors or in accordance with appropriate State 
procedures. The Secretary may allow self-certification by motor 
carriers using employees that meet minimum qualifications set by the 
Secretary.
    On June 17, 1993, the FHWA published a notice of proposed 
rulemaking (NPRM) to implement the requirements of 49 U.S.C. 5109 and 
5105 (58 FR 33418). The FHWA proposed to amend part 397 of the Federal 
Motor Carrier Safety Regulations (FMCSRs) by adding a new subpart B, 
Motor Carrier Safety Permits. The notice proposed to initially limit 
the safety permit program to the transportation of the four classes of 
hazardous materials set forth in the statute, with phase-in periods for 
Division 1.1, 1.2 and 1.3 materials (Class A and B explosives) 3 
and limiting the materials considered extremely toxic by inhalation to 
those that meet the criteria of Division 2.3, Hazard Zone A, or 
Division 6.1, Packing Group I, Hazard Zone A (see 49 CFR 173.115 and 
173.132) and are transported in quantities of more than 1 liter (1.06 
quarts). The proposed permit procedures made extensive use of existing 
FHWA programs, forms and procedures, and as a result, the agency 
proposed not to assess permit fees. To obtain a permit, a motor carrier 
would be required to submit a revised MCS-150 (Motor Carrier 
Identification Report) to the Regional Director, Office of Motor 
Carriers, for the region in which the motor carrier has its principal 
place of business. Determinations on safety permit applications would 
be based upon a safety fitness finding made pursuant to 49 CFR part 
385. A ``satisfactory'' safety rating would be a prerequisite to the 
granting of a safety permit. A less than ``satisfactory'' safety rating 
would result in a denial of the permit application. The FHWA would have 
the discretion to issue a temporary safety permit (120 days) to an 
unrated motor carrier pending a safety fitness determination. Safety 
permits would be valid for three years and would be renewable. Reviews 
of the FHWA's determinations on permit issuance would be handled 
pursuant to the existing procedures applicable to safety rating reviews 
(49 CFR 385.15 and 385.17). The current safety rating notification 
letter would be modified to serve as the safety permit. The letter 
would bear a safety permit number, which would be the motor carrier's 
identification or census number assigned by the FHWA when the motor 
carrier submits the MCS-150 required by Sec. 385.21. Motor carriers 
would be required to display this permit number on the shipping papers 
and on the commercial motor vehicles used.
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    \3\ The proposed phase-in period was to be implemented as 
follows:
    Effective date and covered quantities of class A and/or B 
explosives:
    Nov. 16, 1993--454 kilograms (1,000 pounds) or more.
    Nov. 16, 1994--227 kilograms (500 pounds) or more.
    Nov. 16, 1995--25 kilograms (55 pounds) or more.
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    With regard to the inspection requirements of 49 U.S.C. 5105, the 
FHWA proposed that motor carriers transporting highway-route-controlled 
quantities of Class 7 (radioactive) materials be required to inspect 
each commercial motor vehicle used before each trip and that a written 
certification by a qualified inspector be maintained. It was proposed 
that these vehicles be inspected through the use of the general 
inspection requirements contained in 49 CFR part 396, ``Inspection, 
Repair, and Maintenance,'' and the more detailed inspection standards 
found in appendix G to 49 CFR subchapter B, ``Minimum Periodic 
Inspection Standards.'' The inspector qualification requirements for 
the periodic inspection (specified in 49 CFR 396.19) would be used to 
ensure that inspectors are qualified to perform the vehicle 
inspections.
    The FHWA carefully reviewed the various registration and permitting 
requirements of the Federal law and decided not to proceed with further 
rulemaking action to implement the requirements of 49 U.S.C. 5109 and 
5105 until it had considered the final report and recommendations of 
the Alliance for implementing section 5119. This was considered the 
most effective way to satisfy all of these related statutory 
requirements, as the Alliance's recommendations would have a 
significant bearing on the implementation of the Federal safety permit 
and inspection requirements.

Federal Hazardous Materials Registration and Fee Assessment Program and 
the Hazardous Materials Emergency Preparedness Grant Program

    Section 5108(a)(1) (originally enacted as one of the provisions of 
section 8 of the HMTUSA) requires that each person transporting or 
causing to be transported in commerce the following hazardous materials 
must file a ``registration statement'' with the Secretary:
    (1) Highway-route-controlled quantities of Class 7 (radioactive) 
materials;
    (2) more than 25 kilograms of Division 1.1, 1.2 and 1.3 
(explosives) materials;

[[Page 36019]]

    (3) more than 1 liter in each package of a hazardous material which 
has been designated by the Secretary as extremely toxic by inhalation;
    (4) hazardous material in a bulk package, container, or tank as 
defined by the Secretary if the package, container, or tank has a 
capacity of 13,249 or more liters (3,500 or more gallons) or has a 
volume greater than 13.25 cubic meters (468 cubic feet);
    (5) a shipment of at least 2,268 kg (5,000 pounds) (except in a 
bulk packaging) of a class of hazardous material requiring a placard.
    In addition, section 5108(a)(2) provides the Secretary with 
discretionary authority to require any of the following persons to file 
a registration statement:
    (1) A person transporting or causing to be transported hazardous 
materials in commerce and not covered by section 5108(a)(1);
    (2) a person manufacturing, fabricating, marking, maintaining, 
reconditioning, repairing, or testing a package or container the person 
represents, marks or certifies, or sells for use in transporting in 
commerce hazardous material the Secretary designates.
    Paragraph (g) of section 5108 authorizes the Secretary to 
establish, impose, and collect a fee for the processing of the 
registration statement as well as an annual fee.
    Implementation of these requirements was delegated by the Secretary 
to the RSPA. Federal registration of hazardous materials offerors and 
transporters began in 1992 (57 FR 30620, July 9, 1992). Federal 
registration is required of persons engaged in certain activities that 
involve the offering or transporting of hazardous materials in 
interstate, intrastate, or foreign commerce by highway, rail, air, or 
water. Less than half of the current registrants have identified 
themselves as highway carriers. The Federal registration program has no 
preemptive effect upon State and local hazardous materials registration 
programs.
    The annual fee is used to fund grants to State and Indian tribal 
governments for hazardous materials planning and training purposes. The 
funds are allocated through the RSPA's Federal Hazardous Materials 
Emergency Preparedness (HMEP) Grant Program with the first grants 
awarded to qualifying State and Indian tribal governments in 1993.
    In cooperation with the Alliance's pilot program, the concept of 
``one-stop shopping'' for Federal and State registration of motor 
carriers was tested by the Public Utilities Commission of Ohio (PUCO) 
and the RSPA. Motor carriers required to register with the State of 
Ohio were provided with the option of also submitting the Federal 
registration statement and fee to the PUCO for transmittal to the RSPA. 
For the 1994-95 registration year (from July 1, 1994 to June 30, 1995), 
approximately 200 persons registered in the Federal program through the 
PUCO. During the 1995-96 registration year, the number of persons 
choosing this option decreased sharply to 76 persons. Only 16 of the 
participants in the 1994-95 registration year elected to use this 
process for the 1995-96 registration year.
    The Alliance's report, discussed above, recommends that the 
Secretary explore the consolidation of Federal and State registration 
programs. The FHWA notes, however, that there are substantial 
differences between the existing Federal registration program and the 
program recommended by the Alliance. Commenters should familiarize 
themselves thoroughly with the purpose and scope of coverage of each 
program in preparation for providing comments regarding this 
recommendation by the Alliance.

The Commercial Vehicle Information System (CVIS)

    The CVIS project is a feasibility study mandated by 49 U.S.C. 
31106, which was originally enacted by section 4003 of the Intermodal 
Surface Transportation Efficiency Act of 1991 (ISTEA) (Pub. L. 102-240, 
105 Stat. 1914, 2144; December 8, 1991). Specifically, the CVIS ties 
commercial motor vehicle registration privileges to a motor carrier's 
safety performance. For the first time, chronically unsafe motor 
carriers risk losing their vehicle registration privileges if they 
prove unable or unwilling to improve their operational safety levels 
after a designated period. The project is a cooperative effort 
involving the FHWA and five pilot States: Iowa (the lead State), 
Oregon, Colorado, Minnesota, and Indiana.
    Motor carriers are identified for inclusion in the CVIS improvement 
process (MCSIP--Motor Carrier Safety Improvement Process) through the 
application of a carrier identification and prioritization algorithm 
referred to as the Safestat Identification Algorithm (Safestat). 
Safestat identifies ``At Risk'' motor carriers by producing a safety 
score for every interstate motor carrier. Motor carriers are ranked on 
a worst-first basis. Motor carriers with the lowest scores are 
considered to be ``At Risk'' and are scheduled for a compliance review 
(on-site visit), while motor carriers with less severe safety scores 
receive ``warning letters.'' Once a motor carrier has been identified 
for entry into the MCSIP, its safety performance is monitored using a 
second algorithm called the Safestat Monitoring Algorithm. The MCSIP 
process has been designed to provide numerous opportunities for motor 
carriers to improve their safety performance. Failure to improve safety 
performance, however, will result in progressively more severe 
penalties leading eventually to suspension or revocation of vehicle 
registration privileges.
    The CVIS could be used to identify hazardous materials (HM) 
carriers that are ``At Risk'' by modifying the Safestat Identification 
Algorithm to include additional information about HM motor carriers. In 
fact, it has been suggested that a separate safety evaluation area 
relating to HM be included in the Safestat Identification Algorithm. 
Under this proposal, HM carriers that have been identified for entry 
into the MCSIP process and continue to score poorly may have their HM 
permits denied or suspended.

Interstate Commerce Commission's (ICC) Carrier Registration and 
Insurance Requirements

    On December 29, 1995, the President signed the ICC Termination Act 
of 1995 (the Act) (Pub.L. 104-88, 109 Stat. 803), which eliminates the 
ICC and transfers certain motor carrier regulatory functions from the 
ICC to the FHWA. The principal functions being transferred are the 
licensing/registration activities, insurance tracking, Mexican motor 
carrier oversight, and responsibilities for brokers, freight 
forwarders, and household goods carriers. All past operating authority 
licenses and financial responsibility filings will remain valid, and 
all pending applications and financial responsibility filings will be 
processed by the FHWA. Future applications and insurance filings will 
continue to be accepted by the FHWA. The Act provides that registration 
generally remains in effect for up to five years unless it is 
suspended, amended, or revoked. Reasons for suspension or revocation 
may include unsafe operations, lack of the required financial 
responsibility coverage, or failure to comply with regulatory 
requirements.
    The ICC and the FHWA motor carrier programs have the common goal of 
ensuring that motor carriers are properly identified, have adequate 
levels of financial responsibility, and operate in a safe manner. Under 
the present programs, for-hire motor carriers are registered and must 
show proof of

[[Page 36020]]

financial responsibility and familiarity with the FHWA's safety 
regulations. The financial responsibility coverage of for-hire motor 
carriers is continuously monitored. Policy pre-expiration notices 
obtained from the insurance companies as well as internal audits are 
used to determine compliance. Prior to an insurance policy lapsing, the 
carrier is contacted. Enforcement action, including litigation, can be 
used to stop the carrier from operating without financial 
responsibility. A carrier's operating authority can be revoked if 
financial responsibility is not obtained. A similar procedure applies 
to motor carriers that have been authorized to self-insure.
    The Single State Registration System (SSRS) program was created to 
succeed the ``bingo card'' program administered by the ICC. The SSRS 
program is a base-State system whereby a motor carrier registers its 
interstate operating authority with and provides proof of financial 
responsibility coverage to one State (a base-State) instead of multiple 
States. The base State then distributes the collected fees to other 
participating States in which the motor carrier's vehicles operate. 
State participation in the System was limited to those States 
participating in the bingo card program prior to January 1991. Fee 
amounts were limited to those imposed prior to November 1991, not to 
exceed $10 per vehicle.
    Under the Act, the SSRS will continue to operate. However, the 
Department is required to consolidate the current USDOT identification 
number system, the SSRS, the ICC registration system (including 
financial responsibility registration) into a single, on-line Federal 
system. The new system will contain information on, and identification 
of, all foreign and domestic motor carriers, brokers, and freight 
forwarders (as well as others required to register with the Department 
of Transportation) as well as information on safety fitness and 
compliance with the required levels of financial responsibility 
coverage. The Secretary may establish fees to fully operate the system, 
including any personnel to support the overall registration and 
financial responsibility filing system.

Request for Comments

    The FHWA requests comments on the Alliance's final report and 
recommendations, as outlined in this notice. As discussed above, 
several major activities related to the hazardous materials 
transportation registration and permitting processes are also underway. 
The FHWA encourages commenters to consider these activities and their 
relationship to the final report and recommendations of the Alliance. 
Based upon the comments received, the FHWA may hold public meetings to 
further discuss these issues.
    Copies of the report (``Final Report: Uniform Program Pilot 
Project,'' March 15, 1996) may be ordered at no charge from the 
National Governors' Association. Requests should be addressed to: 
National Governors' Association, c/o Mr. Kyle Winston, Hall of the 
States, 444 North Capitol Street, Suite 267, NW., Washington, D.C. 
20001-1512. Request for copies may also be made by calling the NGA at 
(202) 624-5300 or via fax (202) 624-5395.
    All comments received before the close of business on the comment 
closing date indicated above will be considered and will be available 
for examination in the docket at the above address. Comments received 
after the comment closing date will be filed in the docket and will be 
considered to the extent practical. In addition to late comments, the 
FHWA will also continue to file relevant information in the docket as 
it becomes available after the closing date. Interested persons should 
continue to examine the docket for new material.

List of Subjects in 49 CFR Part 397

    Hazardous materials transportation, Highway safety, Motor carriers.

    Issued on: July 2, 1996.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 96-17420 Filed 7-8-96; 8:45 am]
BILLING CODE 4910-22-P