[Federal Register Volume 65, Number 236 (Thursday, December 7, 2000)]
[Proposed Rules]
[Pages 76890-76894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31044]



[[Page 76889]]

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Part VIII





Department of Transportation





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Research and Special Programs Administration



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49 CFR Part 107



Hazardous Materials: Temporary Reduction of Registration Fees; Proposed 
Rules

  Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / 
Proposed Rules  

[[Page 76890]]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 107

[Docket No. RSPA-00-8439 (HM-208D)]
RIN 2137-AD53


Hazardous Materials: Temporary Reduction of Registration Fees

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: Because there is an unexpended balance in the Hazardous 
Materials Emergency Preparedness grants fund, RSPA proposes to 
temporarily lower the registration fees paid by persons who transport 
or offer for transportation in commerce certain categories and 
quantities of hazardous materials. RSPA also proposes to require all 
not-for-profit organizations to pay the same registration fee as a 
small business and to refer to the size standards in the North American 
Industry Classification System (NAICS) as the criteria for a small 
business.

DATES: Comments must be received by February 2, 2001.

ADDRESSES: Submit written comments to the Dockets Management System, 
U.S. Department of Transportation, Room PL 401, 400 Seventh St., SW., 
Washington, DC 20590-0001. You must identify the docket number, RSPA-
00-8439 (HM-208D) at the beginning of your comments and submit two 
copies. If you wish to receive confirmation of receipt of your 
comments, include a self-addressed stamped postcard. You may also 
submit comments by e-mail by accessing the Dockets Management System 
website at http://dms.dot.gov. Click on ``Help & Information'' to 
obtain instructions for filing the document electronically.
    The Dockets Management System is located on the Plaza Level of the 
Nassif Building at the U.S. DOT at the above address. You can view 
public dockets between the hours of 9:00 a.m. and 5:00 p.m., Monday 
through Friday, except federal holidays. You can also view comments on-
line at http://dms.dot.gov.

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, Research and Special Programs Administration, U.S. Department of 
Transportation, 400 Seventh Street, SW, Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. Background and Summary of Proposal

    Since 1992, RSPA has conducted a national registration program for 
persons engaged in the offering for transportation or transporting 
certain categories and quantities of hazardous materials in intrastate, 
interstate, or foreign commerce. This program is carried out under the 
mandate in 49 U.S.C. 5108 and the authority delegated to RSPA at 49 CFR 
1.53(b)(1). The purposes of the registration program are to (1) gather 
information about the transportation of hazardous material and (2) fund 
the Hazardous Materials Emergency Preparedness (HMEP) grants program 
which supports hazardous material emergency response planning and 
training activities by States, local governments, and Indian tribes and 
related activities. See 49 U.S.C. 5018(b), 5116.
    Until 2000, the annual registration fee was set at the minimum 
level of $250 provided in the statute (plus a processing fee of $50), 
and the requirement to register applied only to those persons offering 
or transporting the categories and quantities for which registration 
was required by the law. 49 U.S.C. 5108(g)(2)(A). In each of the eight 
registration years from 1992-1993 through 1999-2000, RSPA received 
approximately 27,000 registration statements and an average of $6.8 
million to support the HMEP grants program, or less than 50% of the 
total $14.3 million intended by Congress for training and planning 
grants and grant-related activities. See the discussion in the final 
rule published February 14, 2000 in Docket No. HM-208C (RSPA-99-5137), 
65 FR 7297, 7299. In order to increase the funds collected from the 
registration program for the registration years beginning with 2000-
2001, in the February 14, 2000 final rule, RSPA (1) expanded the 
requirement to register to all persons who offer for transportation or 
transport hazardous materials required to be placarded (with a limited 
exception for farmers), and (2) adopted a two-tiered fee schedule of 
$275 (plus a $25 processing fee) for persons meeting criteria of the 
U.S. Small Business Administration (SBA) for a ``small business,'' and 
$1,975 (plus a $25 processing fee) for all other registrants. RSPA also 
allowed registration for one, two or three years under a single 
registration statement. 65 FR at 7309-10.
    RSPA estimated that, by requiring persons to register if they offer 
for transportation or transport hazardous materials required to be 
placarded, the total number of registrants would increase to a number 
in the range of 42,000 to 45,000. 65 FR at 7308. Based on the 
registrations to date, RSPA now estimates that a total of approximately 
40,000 persons will register for the 2000-2001 registration year, and 
that the number of registrants may increase slightly in the future. 
Based on a careful review of census data concerning establishments 
identified by Standard Industrial Classification (SIC) Codes 
corresponding to operations involving the likely manufacture, 
distribution, or sale (wholesale and retail) of hazardous materials, 
RSPA estimated that about 1,500 (3%) of the shippers, carriers, and 
offerors of hazardous materials would not qualify as a SBA small 
business. 65 FR at 7304. However, to date, approximately 5,800 (or more 
than 15%) of the registrants for the 2000-2001 registration year have 
paid the higher $2,000 fee applicable to persons who are not small 
businesses.
    As a result of the much greater than anticipated number of persons 
paying the higher registration fee applicable to larger businesses, 
RSPA has collected more than $21 million in registration fees. (This 
total includes registration fees received since October 1, 1999 for 
prior registration years, but it does not include the fees paid for 
future registration years, 2001-2002 and 2002-2003.) In addition, 
another $1.5 million is available in the account established under 49 
U.S.C. 5116(i) to fund the HMEP grants and related activities primarily 
from funds not used by States. Because the current annual grants 
program obligations are limited to the $14.3 million designated by 
Congress, this leaves a surplus (or unexpended balance) of 
approximately $8.5 million in the account established under section 
5116(i). The law requires DOT to adjust the amount of the annual 
registration fee ``to reflect any unexpended balance in the account 
established under section 5116(i),'' but it does not require refunds if 
there is a surplus in that account. 49 U.S.C. 5116(g)(2)(B).
    For the reasons discussed below, RSPA is proposing to lower the 
registration fee for all registrants for the next six registration 
years (2001-2002 through 2006-2007) in order to eliminate the 
unexpended balance (or surplus) in the HMEP grants fund. During this 
period, small businesses and non-profit organizations (regardless of 
their size) would pay $250 (plus a $25 processing fee), and all other 
persons required to register would pay $475

[[Page 76891]]

(plus a $25 processing fee). Any person who has already registered for 
future registration years (2001-2002 and 2002-2003) would receive a 
refund of the excess paid for those future registration years. RSPA is 
also proposing to amend its reference to the SBA small business 
criteria to reflect SBA's recent replacement of the Standard Industrial 
Classification (SIC) code system with the North American Industry 
Classification System (NAICS). In addition, RSPA proposes to allow 
payment by additional credit cards than previously authorized.

II. Temporarily Reducing the Registration Fees

    As explained more fully in a preliminary regulatory evaluation 
placed in the public docket, RSPA has considered the following 
alternatives for temporarily adjusting the registration fees in 
accordance with 49 U.S.C. 5108(g)(2)(B):
    (1) Temporarily reduce the registration fee for all persons 
required to register.
    (2) Temporarily reduce the registration fee for those persons who 
do not meet the SBA's criteria for a small business.
    (3) Temporarily reduce the fee to eliminate the surplus and 
establish a permanent fee for future years.
    (4) Revise the registration criteria by temporarily eliminating the 
requirement that all persons who offer for transportation or transport 
hazardous materials required to be placarded be registered.
    (5) Provide a refund or a credit for future registrations.
    (6) Temporarily revise the fee structure so that everyone pays the 
same fee.
    We invite comments from interested parties on these alternatives, 
the most appropriate time period, and other possible methods for 
eliminating the unexpended balance in the HMEP grants fund. All 
comments should be as detailed as possible with estimates of the total 
amount that would be collected based on the number of registrants and 
the registration fee.
    In the final rule in Docket No. HM-208C, we concluded that the 
registration program should: (1) Be simple, straightforward, and easily 
implemented and enforced; (2) employ an equity factor that reflects the 
differences between the risk imposed on the public by the business 
activities of large and small businesses; (3) ensure the adequacy of 
funding for the HMEP grants program; and (4) be consistent with the 
law. See 65 FR at 7303. We found that the most appropriate way to meet 
these objectives was to expand the category of persons required to 
register to include all persons who offer for transportation or 
transport hazardous materials that require placarding (with a limited 
exception for farmers) and to adopt a two-tiered fee schedule under 
which persons meeting the SBA criteria for defining a small business 
would pay a lower fee than larger businesses.
    For all the reasons discussed in the February 14, 2000 final rule, 
we still believe that these findings and conclusions are justified and 
should be followed in adjusting registration fees to reflect the 
unexpended surplus in the HMEP grants fund. All persons who offer or 
transport in commerce a quantity of hazardous materials that requires 
placarding should be required to register and pay a registration fee. 
It would not be appropriate to revert to a ``flat'' fee for all 
registrants, unless the number of registrants increases to a level that 
$14.3 million would be collected by charging all registrants the 
minimum $250 fee. So long as there is a significant unexpended balance 
in the HMEP grants fund, any person that is a small business should pay 
the minimum $250 fee. We have also concluded that all non-profit 
organizations, regardless of their size, should pay the same lower 
registration fee as paid by those for profit businesses meeting the SBA 
criteria for a small business, as explained in Section III. The SBA 
size criteria are the most appropriate for determining a small business 
and, as discussed in Section IV, we propose to replace our reference to 
SIC codes with a reference to NAICS because SBA recently changed its 
regulations in this regard.
    With a two-tier fee system and approximately 40,000 registrants, it 
will take more than one year to eliminate the unexpended balance in the 
HMEP fund. Stretching this process over several years also will give 
RSPA better information on how many persons are required to register 
and whether a substantial number of registrants have paid the larger 
(non-small business) fee by mistake. Therefore, RSPA is proposing to 
eliminate the unexpended balance over six years, by reducing the 
registration fees for all registrants by amounts that will enable RSPA 
to collect approximately $12.8 million in registration fees in each of 
the next six registration years. (This assumes that RSPA will continue 
to collect $1.3 million per year in prior year registrations.) In other 
words, registration fees would be set at amounts that would produce an 
annual deficit of approximately $1.5 million from the $14.3 million 
authorized for HMEP grants and related purposes (i.e., $14.3 million - 
$1.5 million = $12.8 million in annual collections). This would be 
accomplished by lowering the annual registration fee, for six years, 
to:

--$250 (plus a $25 processing fee) for persons who meet the definition 
of a small business or a not-for-profit entity, and
--$475 (plus a $25 processing fee) for all other persons who are 
required to register.

    In response to requests from industry, in the February 14, 2000 
final rule in Docket No. HM-208C, RSPA provided that a person could 
register for up to three years in one registration statement. 49 CFR 
107.612(c), 65 FR at 7309-10. To date, approximately 5,000 persons have 
elected to register for multiple years. If RSPA lowers the registration 
fee for the 2001-2002 and 2002-2003 registration years, each person who 
has already registered for one or both of those years at the higher fee 
level will receive a refund of the difference.
    Though RSPA is temporarily lowering the registration fees for six 
years, we realize that a permanent change may be required after the 
surplus is expended. RSPA is not making a permanent change to the 
registration fees at this time because of uncertainty in the final 
registration numbers in terms of total registrants and the percentage 
of large and small businesses. Instead, within three years, RSPA will 
reevaluate the registration fee levels to determine what changes are 
needed in future years based on any remaining surplus, changes in the 
number of registrants, the number of registrants that are not a small 
business, and other relevant factors.

III. Not-for-Profit Organizations

    The SBA criteria for small business size standards apply to 
business entities organized for profit. 13 CFR 121.105(a). Therefore, 
non-profit organizations do not technically qualify as a small 
business. RSPA decided for registration purposes to apply SBA size 
criteria for appropriate SIC Codes to non-profit organizations. 
However, nearly all of the non-profit organizations that are currently 
registered, which are mostly educational institutions and hospitals, 
exceed the SBA size standards for a small business. Because non-profit 
organizations generally are operated for educational, religious, 
charitable and other similar purposes, RSPA is interested in helping 
them to minimize their costs of operation. Accordingly, for 
registration year 2001-2002 and thereafter, RSPA is proposing to 
establish the fee level for a non-profit

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organization at the same level as for a small business operated for a 
profit, i.e., $250.00 (plus a $25 processing fee) for the next six 
registration years, and $275 (plus a $25 processing fee) thereafter. 
RSPA is proposing to define a not-for-profit organization as an 
organization exempt from taxation under 26 U.S.C. 501(a). RSPA is 
asking for comments on the appropriateness of this definition, in 
particular as to whether this definition is broad enough or there is a 
more appropriate definition that RSPA should adopt.

IV. Definition of a Small Business

    In the February 14, 2000 final rule in Docket No. HM-208C, RSPA 
referenced SBA's size standards as they existed at that time, which 
were based on the SIC code system. At that time, RSPA noted that SBA 
had proposed to change from SIC codes to the NAICS, and we indicated 
that this change should not result in many instances in which an entity 
would lose its status as a small business. 65 FR at 7304.
    On May 15, 2000, SBA published a final rule in the Federal Register 
that adopted a new table of small business size standards for 
industries as defined in NAICS. 65 FR 30836. SBA published a corrected 
table in the Federal Register on September 5, 2000, which became 
effective on October 1, 2000. 65 FR 53533. Our further review of the 
SIC codes and NAICS confirms our earlier conclusion that very few 
entities would lose their small business status; however, we invite 
comments on the effect of changing from SIC codes to NAICS. 
Accordingly, for registration year 2001-2002 and thereafter, RSPA is 
proposing to change the reference in 49 CFR 107.612 from the SIC code 
system to NAICS to correspond to the current SBA regulations.
    A list of size criteria under NAICS is provided on the SBA Internet 
site at: http://www.sba.gov/size/NAICS-matched-with-size-stds-umbrella.htm.
    A keyword search engine for NAICS is provided by the U.S. Census 
Bureau at its Internet site at: 
http://www.census.gov/epcd/naics/framesrc.htm.
    Additional information on NAICS, including tables showing the 
correspondences between the two numbering systems is provided at: 
http://www.census.gov/epcd/www/naics.html.
    Registrants unfamiliar with NAICS should find these sites useful in 
determining the appropriate code.

V. Petition from the Petroleum Marketers Association of America 
(PMAA)

    On October 12, 2000 we received a Petroleum Marketers Association 
of America (PMAA) petition (P-1405) asking that intrastate marketers of 
petroleum and heating oil whose activities are within SIC codes 5171, 
5172, and 5983 be excepted from the requirement to register and that 
the registration fee for all interstate carriers be reduced to the 
minimum $250. In accordance with 49 CFR 106.33(c), RSPA denies PMAA's 
petition.
    In its petition, a copy of which is made part of this docket, PMAA 
stated that it continues to believe that a ``clear reading'' of the 
statute exempts intrastate carriers. PMAA states that ``commerce'' is 
defined as ``trade or transportation in the jurisdiction of the United 
States between a place in a State and a place outside of the State; or 
that affects trade or transportation between a place in a State and 
place outside of the State.'' (49 U.S.C. Sec. 5102(1)(A)(B)). PMAA 
contends that, ``in this section, it seems Congress has defined 
``commerce'' as interstate operations to which the fee applies.'' PMAA 
also states that the ``hazardous materials (hazmat) transportation 
program was designed to allow interstate carriers to travel between 
states without paying each state's hazmat fee and was designed to 
preempt state taxes.'' PMAA stated that RSPA will still be able to meet 
its HMEP grants funding levels if it maintains the two-tiered fee 
system and removes petroleum marketers from the registration program.
    RSPA disagrees with PMAA's statements that Congress intended ``to 
include only interstate carriers in the hazardous materials fee 
program'' and that ``the overfunding resulting from this extension to 
small, local carriers of propane, diesel and heating oil ensured 
overfunding of the program.'' In the July 9, 1992 final rule in Docket 
No. HM-208, RSPA found that the registration provisions now set forth 
in 49 U.S.C. 5108(a)

make no distinction between interstate and intrastate carriers and 
shippers of hazardous materials. Further, it would be illogical to 
presume that intrastate offerors and carriers are excepted from the 
registration program when they will be primary recipients of the 
enhanced emergency response capabilities derived from the national 
emergency response training and planning grant program for States 
and local governments. 57 FR at 30622.

    Moreover, RSPA has received registration statements from only about 
3,900 persons in the three SIC codes specified in PMAA's request. This 
represents less than $1.1 million in registration fees (not including 
the $25 processing fee), or a small fraction of the unexpended balance 
in the HMEP fund (assuming that all these persons are ``small, local 
carriers of propane, diesel and heating oil'' as characterized by 
PMAA). PMAA's separate suggestion that ``all interstate carriers'' 
should pay only the $250 minimum registration fee conflicts with RSPA's 
finding that the amount of the fee should not be the same for small and 
other than small businesses.
    PMAA's statement that interstate carriers are somehow insulated 
from paying ``each state's hazmat fee'' or ``state income or other 
local taxes'' seems to ignore the fact that the registration program 
under 49 U.S.C. 5108 ``has no preemptive effect'' on the ability of 
``States, local governments or Indian tribes to impose their own fees 
or registration or permit requirements on interstate, intrastate or 
foreign offerors or carriers of hazardous materials.'' 57 FR at 30626. 
Preemption of non-Federal hazardous material registration or permit 
requirements is governed by the criteria set forth in 49 U.S.C. 5125.

VI. Rulemaking Analysis and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule, if adopted, would not be considered a 
significant regulatory action under section 3(f) of Executive Order 
12866 and, therefore, was not subject to formal review by the Office of 
Management and Budget. This proposed rule is not considered significant 
under the Regulatory Policies and Procedures of the Department of 
Transportation (44 FR 11034). RSPA has prepared a preliminary 
regulatory evaluation which is available for review in the public 
docket.

B. Executive Order 13132

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13132 
(``Federalism''). The registration requirements do not impair the 
ability of States, local governments, or Indian tribes to impose their 
own fees or registration or permit requirements on persons who offer or 
transport hazardous materials in commerce. RSPA encourages States, 
local governments, and Indian tribes to adopt and enforce requirements 
in the HMR and the Federal registration requirement, in order to 
enhance compliance with a nationally uniform set of regulations on the 
transportation of hazardous materials.

[[Page 76893]]

    The consultation and funding requirements of Executive Order 13132 
do not apply because this proposed rule would not adopt any regulation 
that:
    (1) Has substantial direct effects on the States, the relationship 
between the national government and the States, or the distribution of 
power and responsibilities among the various levels of government;
    (2) Imposes substantial direct compliance costs on State and local 
governments; or
    (3) Preempts state law.

C. Executive Order 13084

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13084 
(``Consultation and Coordination with Indian Tribal Governments''). 
Because this proposed rule does not significantly or uniquely affect 
the communities of the Indian tribal governments and does not impose 
substantial direct compliance costs, the funding and consultation 
requirements of Executive Order 13084 do not apply.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601-611) requires each 
agency to analyze proposed regulations and assess their impact on small 
businesses and other small entities to determine whether the proposed 
rule is expected to have a significant impact on a substantial number 
of small entities.
    In the February 14, 2000 final rule in Docket No. HM-208C, RSPA 
certified that that final rule did affect a significant number of small 
entities, but that the economic impact on these small entities will not 
be significant. 65 FR at 7308-7309. This proposed rule affects the same 
small entities that Docket HM-208C did and, therefore, this proposed 
rule would affect a significant number of small entities. See 65 FR at 
7307. Although this proposed rule is providing a $25 reduction in the 
combined annual fee that small businesses must pay, that reduction does 
not constitute a significant economic impact on a substantial number of 
small entities. Therefore, RSPA certifies that this proposed rule would 
not have a significant economic impact on a substantial number of small 
entities.

E. Unfunded Mandates Reform Act of 1995

    This proposed rule would not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It would not, if adopted, result 
in costs of $100 million or more, in the aggregate, to any of the 
following: State, local, or Native American tribal governments, or the 
private sector.

F. Paperwork Reduction Act

    Under 49 U.S.C. 5108(i), reporting and recordkeeping requirements 
pertaining to the registration rule are specifically excepted from the 
information management requirements of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.).

G. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document may be used to cross-reference this action with the 
Unified Agenda.

List of Subjects in 49 CFR Part 107

    Administrative practice and procedure, Hazardous materials 
transportation, Packaging and containers, Penalties, Reporting and 
recordkeeping requirements.

    In consideration of the foregoing, 49 CFR Chapter I is proposed to 
be amended as follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

    1. The authority citation for part 107 continues to read as 
follows:


    Authority: 49 U.S.C. 5101-5127, 44701; Sec. 212-213, Pub. L. 
104-121, 110 Stat. 857; 49 CFR 1.45, 1.53.

    2. In Sec. 107.612, paragraph (b) is revised and new paragraphs (c) 
and (d) are added to read as follows:


Sec. 107.612  Amount of fee.

* * * * *
    (b) Registration year 2000-2001. For the registration year 2000-
2001, each person subject to the requirements of this subpart must pay 
an annual fee as follows:
    (1) Small business. Each person that qualifies as a small business, 
under criteria specified in 13 CFR part 121 in effect prior to October 
1, 2000 (see 13 CFR revised as of January 1, 1999), applicable to the 
standard industrial classification (SIC) code that describes that 
person's primary commercial activity, must pay an annual fee of $275 
and the processing fee required by paragraph (b)(3) of this section.
    (2) Other than a small business. Each person that does not meet the 
criteria specified in paragraph (b)(1) of this section must pay an 
annual fee of $1,975 and the processing fee required by paragraph 
(b)(3) of this section.
    (3) Processing fee. The processing fee is $25 for each registration 
statement filed. A single statement may be filed for one, two, or three 
registration years as provided in Sec. 107.616(c).
* * * * *
    (c) Registration years 2001-2002 through 2006-2007. For 
registration years 2001-2002, 2002-2003, 2003-2004, 2004-2005, 2005-
2006, and 2006-2007, each person subject to the requirements of this 
subpart must pay an annual fee as follows:
    (1) Small business. Each person that qualifies as a small business, 
under criteria specified in 13 CFR part 121 in effect on or after 
October 1, 2000, applicable to the North American Industry 
Classification System (NAICS) that describes that person's primary 
commercial activity, must pay an annual fee of $250 and the processing 
fee required by paragraph (c)(4) of this section.
    (2) Not-for-profit organization. Each not-for-profit organization 
must pay an annual fee of $250 and the processing fee required by 
paragraph (c)(4) of this section. A not-for-profit organization is an 
organization exempt from taxation under 26 U.S.C. 501(a).
    (3) Other than a small business or a not-for-profit organization. 
Each person that does not meet the criteria specified in paragraph 
(c)(1) or (c)(2) of this section must pay an annual fee of $475 and the 
processing fee required by paragraph (c)(4) of this section.
    (4) Processing fee. The processing fee is $25 for each registration 
statement filed. A single statement may be filed for one, two, or three 
registration years as provided in Sec. 107.616(c).
    (d) Registration years 2007-2008 and following. For each 
registration year beginning with 2007-2008, each person subject to the 
requirements of this subpart must pay an annual fee as follows:
    (1) Small business. Each person that qualifies as a small business, 
under criteria specified in 13 CFR part 121 in effect on or after 
October 1, 2000, applicable to the North American Industry 
Classification System (NAICS) that describes that person's primary 
commercial activity, must pay an annual fee of $275 and the processing 
fee required by paragraph (d)(4) of this section.
    (2) Not-for-profit organization. Each not-for-profit organization 
must pay an annual fee of $275 and the processing fee required by 
paragraph (d)(4) of this section. A not-for-profit organization is an 
organization exempt from taxation under 26 U.S.C. 501(a).

[[Page 76894]]

    (3) Other than a small business or not-for-profit organization. 
Each person that does not meet the criteria specified in paragraph 
(d)(1) or (d)(2) of this section must pay an annual fee of $1,975 and 
the processing fee required by paragraph (d)(4) of this section.
    (4) Processing fee. The processing fee is $25 for each registration 
statement filed. A single statement may be filed for one, two, or three 
registration years as provided in Sec. 107.616(c).
    3. In Sec. 107.616, paragraph (b) is revised to read as follows:


Sec. 107.616  Payment procedures.

* * * * *
    (b) Payment must be made by certified check, cashier's check, 
personal check, or money order in U.S. funds and drawn on a U.S. bank, 
payable to the U.S. Department of Transportation and identified as 
payment for the ``Hazmat Registration Fee'' or by a credit card 
authorization completed and signed on the registration statement.
* * * * *

    Issued in Washington, DC, on December 1, 2000, under authority 
delegated in 49 CFR Part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 00-31044 Filed 12-6-00; 8:45 am]
BILLING CODE 4910-60-P