[Federal Register Volume 66, Number 7 (Wednesday, January 10, 2001)]
[Notices]
[Pages 2047-2048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-763]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

[Docket No. RSPA-01-8587; Notice No. 01-04]


Reauthorization of the Federal Hazardous Materials Transportation 
Law

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

ACTION: Notice; request for comments.

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SUMMARY: The Department of Transportation (``Department'' or ``we'') is 
preparing a legislative proposal to reauthorize its hazardous materials 
transportation safety program. Congress last authorized the program in 
1994. In preparing our proposal, we are looking for ways to improve the 
effectiveness of this important safety program. In this notice, we are 
requesting ideas and comments from the public, state and local 
governments, industry, and other interested parties on possible 
amendments to Federal hazardous materials transportation law (Federal 
hazmat law), which is the statutory basis for the Department's 
hazardous materials program. Your ideas and comments will assist us in 
identifying issues that we may address and evaluate as we prepare a 
draft reauthorization bill.

DATES: Comments. Submit comments by February 26, 2001. To the extent 
possible, we will consider comments received after this date.

ADDRESSES: Written comments. Submit comments to the Dockets Management 
System, U.S. Department of Transportation, 400 Seventh Street, SW, 
Washington, D.C. 20590-0001. Comments should identify Docket Number 
RSPA-01-8587 and be submitted in two copies. If you wish to receive 
confirmation of receipt of your written comments, include a self-
addressed, stamped postcard. You may also submit comments by e-mail by 
accessing the Dockets Management System web site at http://dms.dot.gov 
and following the instructions for submitting a document 
electronically.
    The Dockets Management System is located on the Plaza level of the 
Nassif Building at the Department of Transportation at the above 
address. You can review public dockets there between 9:00 a.m. and 5:00 
p.m., Monday through Friday, except federal holidays. You can also 
review comments on-line at the DOT Dockets Management System web site 
at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Edward H. Bonekemper, III, (202) 366-
4400, or Nancy E. Machado, (202) 366-4400, Office of the Chief Counsel, 
Research and Special Programs Administration.

SUPPLEMENTARY INFORMATION:

I. Background

A. Federal Hazardous Materials Transportation Law

    In this notice, we are asking stakeholders in DOT's hazardous 
materials transportation safety program for their ideas on ways to 
improve that program through statutory changes. We will consider all 
stakeholder comments as we develop our legislative proposal.
    Federal hazmat law forms the statutory foundation of the 
Department's hazardous materials transportation safety program. Federal 
hazmat law, codified at 49 U.S.C. 5101 et seq., authorizes the 
Secretary of Transportation to establish regulations for the safe 
transportation of hazardous materials in intrastate, interstate, and 
foreign commerce. Specifically, the statute authorizes the Secretary to 
issue regulations that apply to persons who: (1) Transport hazardous 
materials in commerce; (2) cause hazardous materials to be transported 
in commerce; or (3) manufacture, mark, maintain, recondition, repair, 
or test packagings or containers (or components thereof) that are 
represented, marked, certified, or sold as qualified for use in the 
transportation of hazardous materials in commerce. 49 U.S.C. 
5103(b)(1)(A). Also, the Secretary has the authority to issue 
regulations governing any safety aspect of hazardous materials 
transportation that the Secretary considers appropriate. 49 U.S.C. 
5103(b)(1)(B).
    The Department's hazardous materials regulations (``HMR'') are 
found at 49 CFR parts 171-180. Five operating administrations within 
the Department are responsible for implementing Federal hazmat law and 
the HMR: the Research and Special Programs Administration, Federal 
Motor Carrier Safety Administration, Federal Aviation Administration, 
Federal Railroad Administration; and U.S. Coast Guard. Furthermore, the 
Secretary recently delegated authority to the Office of Intermodalism 
to oversee and coordinate cross-modal issues (issues that affect more 
than one DOT operating administration) and multimodal issues (issues 
that affect more than one mode of transportation) arising out of the 
hazardous materials transportation safety program. (See 65 Fed. Reg. 
49763, August 15, 2000.)
    Congress last authorized the Department's hazardous materials 
transportation safety program in 1994, amending the existing law to 
authorize appropriations for fiscal years 1994 through 1997. (See 
Public Law 103-311, August 26, 1994.) In 1997 and again on February 16, 
1999, the Secretary of Transportation sent Congress proposed 
legislation to reauthorize the Department of Transportation's hazardous 
materials transportation safety program. Since fiscal year 1998, the 
Department has received annual appropriations to continue the program.
    You can view a variety of documents that describe and provide 
information about the current hazardous materials safety program at 
http://hazmat.dot.gov. Documents you may find of interest as you 
prepare your comments include:
     DOT's 1999 proposed bill plus section-by-section analysis, 
a red-line/strike-out version of the proposed bill comparing the 1999 
proposal to existing law, and a table comparing the 1999 proposal to 
the existing law and the Administration's 1997 reauthorization proposal 
(http://hazmat.dot.gov/99reauthact.htm);
     Federal hazmat law (http://hazmat.dot.gov/pubtrain/dotbill.pdf);
     The Hazardous Materials Regulations (http://www.text-trieve.com/dotrspa);
     The 1996-1997 biennial hazardous materials safety program 
report (http://hazmat.dot.gov/ohmforms.htm#biennial); and
     The March 2000 Hazardous Materials Program Evaluation 
report (http://hazmat.dot.gov/hmpe.htm).
    Copies of these documents may also be obtained by contacting either 
Ed Bonekemper or Nancy Machado at 202-366-4400.

B. Comments

    As we prepare our legislative proposal to reauthorize the 
Department's hazardous materials transportation safety program, we are 
looking for ideas on how to improve the effectiveness of

[[Page 2048]]

this important safety program through statutory changes. We invite the 
public, state and local governments, industry, labor unions, and other 
interested parties to submit their ideas and comments to us for review 
and consideration. Information on how to submit your comments and ideas 
to us is contained above under the heading, Addresses.

    Issued in Washington, DC on January 5, 2001, under authority 
delegated in 49 CFR Part 1.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 01-763 Filed 1-9-01; 8:45 am]
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