[Federal Register Volume 61, Number 185 (Monday, September 23, 1996)]
[Proposed Rules]
[Pages 49723-49724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24267]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, 173, 174, 175, 176, 177, 178, 179, and 180

[Docket HM-223; Notice No. 96-18]
RIN 2137-AC68


Applicability of the Hazardous Materials Regulations to Loading, 
Unloading and Storage

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

ACTION: Notice of meeting; issues to be discussed in Sacramento.

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SUMMARY: On July 29, 1996, RSPA published an Advance Notice of Proposed 
Rulemaking and notice of meeting in the Federal Register. In that 
document, RSPA announced three public meetings at which it would seek 
ideas, proposals and recommendations regarding the applicability of the 
Hazardous Materials Regulations to particular hazardous materials 
transportation activities. The first of the three public meetings was 
held in Atlanta, Georgia on September 13, 1996. Based on information 
gathered at that public meeting and information in the docket, RSPA is 
announcing the topics to be discussed at the September 25, 1996 meeting 
in Sacramento, California, by two working groups comprised of 
interested members of the public. Those two topics are: The unloading 
of hazardous materials and the storage of hazardous materials. Also, 
commenters to date have identified several factors which could provide 
a framework for possible regulation in these areas. These factors are 
set forth in this notice and will serve as a starting point for 
discussion for each working group in Sacramento.

DATES:

Meetings

    (1) September 25, 1996 from 9:00 a.m. to 4:00 p.m. in Sacramento, 
California--public working-group session
    (2) October 30, 1996 from 9:00 a.m. to 4:00 p.m. in Philadelphia, 
Pennsylvania--public working-group session.

Written Comments; Public Working-Group Sessions in Sacramento and 
Philadelphia

    Written comments must be received on or before November 30, 1996. 
Any person wishing to participate in the Sacramento working-group 
session should notify Nancy E. Machado by telephone, at the number 
listed below, or in writing, on or before September 23, 1996. Any 
person wishing to participate in the Philadelphia working-group session 
should notify Nancy E. Machado by telephone or in writing on or before 
October 23, 1996. RSPA will attempt to accommodate anyone who 
indicates, after the deadlines, a desire to participate in either of 
the two remaining public meetings.

ADDRESSES:

Meetings

    (1) California State Department of Social Services Auditorium, 744 
P Street, Sacramento, CA 95184.
    (2) Penn Tower Hotel, Civic Center Boulevard at 34th St., 
Philadelphia, PA 19104.

Comments

    Address comments to Dockets Unit (DHM-30), Office of Hazardous 
Materials Safety, Research and Special Programs Administration, U.S. 
Department of Transportation, Washington, D.C. 20590-0001. Comments 
should identify the docket and notice number and be submitted, when 
possible, in five copies. Persons wishing to receive confirmation of 
receipt of their comments should include a self-addressed, stamped 
postcard. The Dockets Unit is located in Room 8421 of the Nassif 
Building, 400 Seventh Street, S.W., Washington, D.C. 20590-0001. Office 
hours are 8:30 a.m. to 5:00 p.m., Monday through Friday, except on 
public holidays when the office is closed.

FOR FURTHER INFORMATION CONTACT: Nancy E. Machado, Office of the Chief 
Counsel, Research and Special Programs Administration, U.S. Department 
of Transportation, 400 Seventh Street, S.W., Washington D.C. 20590-
0001, telephone 202-366-4400.

SUPPLEMENTARY INFORMATION:

    On July 29, 1996, RSPA published an Advance Notice of Proposed 
Rulemaking (ANPRM) and notice of meeting in the Federal Register (61 FR 
39522). In that document, RSPA announced three public meetings at which 
it would seek ideas, proposals and recommendations regarding the 
applicability of the Hazardous Materials Regulations (HMR)(49 C.F.R. 
Parts 171-180) to particular hazardous materials transportation 
activities. In the ANPRM, RSPA asked that participants in the first 
meeting, held in Atlanta, Georgia, comment on issues identified and 
respond to questions raised in the July 29, 1996 ANPRM. RSPA proposed 
to begin the Sacramento and Philadelphia meetings with an overview of 
the issues of greatest concern to commenters in Atlanta, and then have 
participants break out into working groups to discuss those issues and 
to generate further ideas, proposals and recommendations. At the 
conclusion of the working-group sessions, RSPA proposed to have each 
working group present its ideas, proposals and recommendations to all 
meeting participants for further discussion.
    The Atlanta meeting was held on September 13, 1996, and was 
attended by members of the regulated community, local government 
interests, and Department of Transportation (DOT), Environmental 
Protection Agency (EPA) and Occupational Safety and Health 
Administration (OSHA) representatives.
    After considering the oral statements made by participants in the 
Atlanta meeting, and information already in the public docket, RSPA 
announced at the conclusion of the Atlanta meeting that the two topics 
for working-group discussions in Sacramento would be the unloading of 
hazardous materials and the storage of hazardous materials. RSPA also 
noted that, to date, commenters have identified several criteria which 
might be used to determine the applicability or non-applicability of 
the HMR. The working-group discussions will focus on those criteria and 
the advantages and disadvantages of each. The criteria are:
    (1) The nature of the activity;
    (2) The intent of the activity;
    (3) The time-frame involved in the activity;

[[Page 49724]]

    (4) The physical location where the activity takes place;
    (5) The priority of interests of each Federal agency in regulating 
the activity;
    (6) The nature of the shipping papers (e.g., ``active'') at the 
time the activity is taking place; and
    (7) The type of packaging involved in each activity.
    RSPA is publishing this information in the Federal Register to 
allow participants in the Sacramento meeting to prepare in advance for 
the working-group discussions. RSPA will publish a similar notice in 
the Federal Register prior to the Philadelphia meeting. The issues to 
be discussed in Philadelphia may differ from the issues discussed in 
Sacramento, based on information, ideas, proposals and recommendations 
gathered by the agency in Sacramento and through comments in the 
docket.

    Issued in Washington, DC on September 16, 1996.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 96-24267 Filed 9-20-96; 8:45 am]
BILLING CODE 4910-60-P