[Federal Register Volume 61, Number 199 (Friday, October 11, 1996)]
[Notices]
[Pages 53483-53484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26168]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
[Docket HM-223; Notice No. 96-21]
RIN 2137-AC68


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

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


[[Page 53484]]


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

-----------------------------------------------------------------------

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. The second public 
meeting was held in Sacramento, California, on September 25, 1996. 
Based on information gathered at those public meetings and information 
in the docket, RSPA is announcing the topics to be discussed at the 
October 30, 1996 meeting in Philadelphia, Pennsylvania, by two working 
groups comprised of interested members of the public. Those two topics 
are (1) the loading of hazardous materials at shipper and consignee 
facilities and (2) the loading, unloading and storage of hazardous 
materials at transfer and other mid-transportation facilities. 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 Philadelphia.

DATES: Public meeting: A public meeting will be held October 30, 1996, 
from 9:00 a.m. to 4:00 p.m. in Philadelphia, Pennsylvania. 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. Notice is not a prerequisite to participation in the 
Philadelphia working groups, but will facilitate the agency's planning 
efforts.
    Written comments: Written comments must be received on or before 
November 30, 1996.

ADDRESSES: Public meeting: Penn Tower Hotel, Civic Center Boulevard at 
34th St., Philadelphia, PA 19104.
    Written 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 CFR 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, 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 published a notice in 
the Federal Register, (61 FR 49723; Sept. 3, 1996) identifying the 
issues, as well as several criteria which commenters have suggested as 
a framework for determining the applicability or non-applicability of 
the HMR. Those criteria are:
    (1) The nature of the activity;
    (2) The intent of the activity;
    (3) The time-frame involved in the activity;
    (4) The physical location where the activity takes place;
    (5) The priority of interests of each 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.
    The Sacramento meeting was held on September 25, 1996, and was 
attended by members of the regulated community, State and local 
government interests, and Department of Transportation (DOT) and 
Environmental Protection Agency (EPA) representatives. After 
considering the information, ideas, proposals and recommendations 
gathered during the two working-group sessions, and information already 
in the public docket, RSPA announced at the conclusion of the 
Sacramento meeting that the two topics for working-group discussion in 
Philadelphia would be (1) the loading of hazardous materials at shipper 
and consignee facilities and (2) the loading, unloading and storage of 
hazardous materials at transfer and other mid-transportation 
facilities. RSPA intends to use the same criteria which were announced 
in the September 23, 1996 Federal Register notice, and discussed during 
the Sacramento meeting, as a starting point for discussions in 
Philadelphia.
    RSPA is publishing this information in the Federal Register to 
allow participants at the Philadelphia meeting to prepare in advance 
for the working-group discussions.

    Issued in Washington, DC on October 7, 1996.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 96-26168 Filed 10-10-96; 8:45 am]
BILLING CODE 4910-60-P