[Federal Register Volume 64, Number 100 (Tuesday, May 25, 1999)]
[Proposed Rules]
[Page 28135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13163]



[[Page 28135]]

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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 107

[Docket No. RSPA-99-5137 (HM-208C)]
RIN 2137-AD17


Hazardous Materials Transportation; Registration and Fee 
Assessment Program; Extension of Comment Period and Announcement of 
Second Public Meeting

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

ACTION: Proposed rule; extension of time to file comments and public 
meeting announcement.

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SUMMARY: On April 15, 1999, RSPA published a proposed rule to change 
the current registration and fee assessment program for persons who 
transport or offer for transportation certain categories and quantities 
of hazardous materials. RSPA is extending until July 2, 1999, the 
period for filing comments to the notice of proposed rulemaking (NPRM). 
RSPA will conduct a second public meeting on June 22, 1999, in Des 
Moines, Iowa.

DATES: Comment Date. Comments must be received on or before July 2, 
1999.
    Public Meeting Date. A second public meeting will be held on June 
22, 1999, from 9:00 a.m. to 1:30 p.m.

ADDRESSES: Written Comments: Address comments to the Dockets Management 
System, U.S. Department of Transportation, PL 401, 400 Seventh St., SW, 
Washington, DC 20590-0001. Comments should identify the docket number, 
RSPA 99-5137 (HM-208C), and should be submitted in two copies. Persons 
wishing to receive confirmation of receipt of their comments should 
include a self-addressed stamped postcard. The Dockets Management 
System is located on the Plaza Level of the Nassif Building, at the 
above address. Public dockets may be reviewed between the hours of 
10:00 a.m. to 5:00 p.m., Monday through Friday, excluding Federal 
holidays. In addition, comments can be reviewed by accessing the DOT 
Homepage (http://www.dot.gov). You may also submit comments to the 
docket electronically. To do so, log on the DMS Web at <<http://
dms.dot.gov. Click on Help & Information to 
obtain instructions for filing a document electronically. In every 
case, the comment should refer to the Docket number set forth above.
    Public Meeting: The public meeting will be held in Des Moines, 
Iowa, at 717 East Court Avenue, Des Moines, Iowa. For information on 
facilities or services for individuals with disabilities or to request 
special assistance at the meetings, contact Ms. Deborah Boothe at the 
address or phone number listed under ``FOR FURTHER INFORMATION 
CONTACT'' as soon as possible.

FOR FURTHER INFORMATION CONTACT: Mr. David Donaldson, Office of 
Hazardous Materials Planning and Analysis, (202) 366-4484, or Ms. 
Deborah Boothe, Office of Hazardous Materials Standards, (202) 366-
8553, RSPA, Department of Transportation, 400 Seventh Street SW, 
Washington, DC . Persons wishing to attend and/or speak at the public 
meeting should contact the persons listed above.

SUPPLEMENTARY INFORMATION: On April 15, 1999, RSPA published an NPRM in 
the Federal Register under Docket RSPA-99-5137 (HM-208C) (64 FR 18786). 
RSPA proposed in the NPRM to amend certain requirements in the current 
registration and fee assessment program for persons who transport or 
offer for transportation certain categories and quantities of hazardous 
materials. The proposed changes would increase (1) the number of 
persons required to register and (2) the annual registration fee for 
shippers and carriers who are not a small business under Small Business 
Administration criteria. The proposed changes are intended to raise 
additional funds to enhance support for the national Hazardous 
Materials Emergency Preparedness Grants Program. The NPRM also 
announced a public meeting on May 25, 1999, in Washington, DC, to 
discuss the proposed changes.
    The Illinois Fertilizer and Chemical Association and the Michigan 
Agri-Business Association have asked RSPA to hold a second public 
meeting in the Midwest to discuss the proposals in the NPRM. These 
associations suggested five cities, including Des Moines, as possible 
locations for this meeting. RSPA agrees with their request and is 
scheduling a second public meeting for June 22, 1999, in Des Moines, 
Iowa. In order to allow sufficient time for interested parties to 
submit comments on the NPRM after this public meeting, RSPA is also 
extending the comment period to July 2, 1999.
    RSPA invites all interested parties to submit comments on the 
proposals in the NPRM and on a suggestion by the Iowa Department of 
Transportation's (IDOT) Office of Motor Vehicle Enforcement to expand 
the registration requirement to apply to any person who offers or 
transports ``shipments that are required to be marked and/or 
placarded,'' including marine pollutants, class 9 materials and 
cryogenics. IDOT's letter, which also raises concerns about RSPA's 
proposal for two levels of registration fees, is set forth in Appendix 
A.

    Issued in Washington DC on May 20, 1999.
Robert A. McGuire,
Deputy Associate Administrator for Hazardous Materials Safety.

Appendix A

May 6, 1999.
Dockets Unit, U.S. Department of Transportation, Room PL 401, 400 
Seventh Street, SW, Washington, DC 20590-0001.

    Dear Docket Clerk: The Iowa Department of Transportation's 
Office of Motor Vehicle Enforcement offers the following comments to 
Docket HM-208c:
    We support expanding the base of persons required to register. 
However, we would like to see the registration program include 
shipments that are required to be marked and/or placarded. This 
would include marine pollutants, class 9 materials and cryogenics.
    To simplify matters the applicability should read as follows:
    The registration and fee requirements of this subpart apply to 
any person who offers for transportation, or transports in foreign, 
interstate or intrastate commerce.
    A type or quantity of Hazardous Materials that requires 
placarding, marine pollutant marking or the display of 
identification numbers on placards, white square on point 
configurations or orange panels.
    This section does not apply to those activities of a [farmer], 
as defined in section 171.8 of this chapter, that are [in direct] 
support of the farmers farming operations.
    The concept of a tiered program may be more difficult to 
implement than expected. Basing it on gross revenue of a company's 
total operation is unfair to say the least. They may have a high 
gross revenue, but only a small percentage is derived from Hazardous 
Materials activities.
    By lowering the registration threshold quantity, more offerors 
and carriers would be required to register. Keep it simple, if you 
offer or transport HM in quantities that require placarding, or the 
[marine] (sic) pollutant mark, or the display of identification 
numbers on placards, white square on point configurations or orange 
panels you must register.

        Sincerely,
Michael L. Winfrey,
Director, Motor Vehicle Enforcement.
[FR Doc. 99-13163 Filed 5-20-99; 3:58 pm]
BILLING CODE 4910-60-P