[Federal Register Volume 66, Number 149 (Thursday, August 2, 2001)]
[Proposed Rules]
[Pages 40174-40175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19335]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

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

[Docket No. RSPA-98-4952 (HM-223)]
RIN 2137-AC68


Applicability of the Hazardous Materials Regulations to Loading, 
Unloading, and Storage; Extension of Comment Period and Announcement of 
Public Meetings

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

[[Page 40175]]


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

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

SUMMARY: On June 14, 2001, RSPA published a notice of proposed 
rulemaking to clarify the applicability of the Hazardous Materials 
Regulations to specific functions and activities, including hazardous 
materials loading, unloading, and storage operations. We are extending 
until November 30, 2001, the period for filing comments to the proposed 
rule. In addition, we are conducting two public meetings to facilitate 
public comment on the proposed rule. One public meeting is scheduled 
for September 14, 2001, in Washington, DC; a second public meeting is 
scheduled for October 30, 2001, in Diamond Bar, California.

DATES: Comments. Submit comments by November 30, 2001. To the extent 
possible, we will consider comments received after this date in making 
our decision on a final rule.
    Public Meeting Dates. Two public meetings will be held--one on 
September 14, 2001, from 8:30 a.m. to 5:30 p.m. and another on October 
30, 2001, from 9 a.m. to 5 p.m.

ADDRESSES: Written comments. Submit comments to the Dockets Management 
System, U.S. Department of Transportation, Room PL 401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. Comments should identify Docket 
Number RSPA-98-4952 (HM-223) 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 e-mail 
comments 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 the hours of 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/.''
    Public Meetings. The September 14, 2001 public meeting will be held 
in Washington, DC in the Auditorium, Federal Aviation Administration 
National Headquarters, 800 Independence Avenue, SW., Washington, DC 
20591. The October 30, 2001 public meeting will be held at the 
Headquarters Building, South Coast Air Quality Management, 21865 East 
Copley Drive, Diamond Bar, California 91765. For information on 
facilities or services for persons with disabilities or to request 
special assistance at the meetings, contact Mr. Michael Johnsen at 202-
366-8553 as soon as possible.

FOR FURTHER INFORMATION CONTACT: Michael Johnsen (202) 366-8553, Office 
of Hazardous Materials Standards, Research and Special Programs 
Administration; or Susan Gorsky (202) 366-8553, Office of Hazardous 
Materials Standards, Research and Special Programs Administration. If 
you wish to speak at one of the public meetings, you should contact Mr. 
Johnsen.

SUPPLEMENTARY INFORMATION:

Background

    On June 14, 2001, the Research and Special Programs Administration 
(RSPA, we) published a notice of proposed rulemaking (NPRM) (66 FR 
32420) under Docket RSPA-98-4952 (HM-223) to clarify the applicability 
of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to 
specific functions and activities, including hazardous materials 
loading and unloading operations and storage of hazardous materials 
during transportation. The HM-223 rulemaking has four overall goals. 
First, we want to maintain nationally uniform standards applicable to 
functions performed in advance of transportation to prepare hazardous 
materials for transportation. Second, we want to maintain nationally 
uniform standards applicable to transportation functions. Third, we 
want to distinguish functions that are subject to the HMR from 
functions that are not subject to the HMR. Finally, we want to clarify 
that facilities within which HMR-regulated functions are performed may 
also be subject to federal, state, or local regulations governing 
occupational safety and health or environmental protection.
    To achieve these goals, the NPRM proposes to list in the HMR pre-
transportation and transportation functions to which the HMR apply. 
Pre-transportation functions are functions performed to prepare 
hazardous materials for movement in commerce by persons who offer a 
hazardous material for transportation or cause a hazardous material to 
be transported. Transportation functions are functions performed as 
part of the actual movement of hazardous materials in commerce, 
including loading, unloading, and storage of hazardous materials that 
is incidental to their movement. The NPRM also proposes to clarify that 
``transportation in commerce,'' for purposes of applicability of the 
HMR, begins when a carrier takes possession of a hazardous material and 
continues until the carrier delivers the package containing the 
hazardous material to its destination as indicated on shipping papers. 
In addition, the NPRM proposes to include in the HMR an indication that 
facilities at which functions regulated by the HMR occur may also be 
subject to applicable standards and regulations of other federal 
agencies and state, local, and tribal governments. Finally, the NPRM 
proposes to include in the HMR the statutory criteria under which non-
federal governments may be precluded from regulating in certain areas 
under the preemption provisions of the federal hazardous materials 
transportation law (49 U.S.C. 5101 et seq.)

Public Meetings

    To facilitate public comment on the NPRM, we are hosting two public 
meetings to discuss the proposed changes. The first public meeting is 
scheduled for September 14, 2001, in Washington, DC. The second public 
meeting will be in Diamond Bar, California, on October 30, 2001. To 
allow sufficient time to conduct the meetings and for interested 
parties to submit comments on the NRPM after the public meetings, we 
are extending the comment period until November 30, 2001.
    The public meetings will provide an informal forum for interested 
persons to offer comments on the HM-223 NPRM. A transcript for each 
meeting will be prepared and submitted to the HM-223 docket. We 
anticipate significant public interest in this rulemaking; therefore, 
we ask that you limit your remarks to 10 minutes to assure that all 
participants have an opportunity to speak. The meetings may conclude 
earlier than scheduled if all persons wishing to offer comments have 
been heard.
    If you plan to submit a written statement, you should submit 5 
copies of the statement at the meeting. If you wish to speak at one of 
the public meetings, please contact Michael Johnsen at 202-366-8553 as 
soon as possible.

    Issued in Washington, DC on July 30, 2001.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety, Research and 
Special Programs Administration.
[FR Doc. 01-19335 Filed 8-1-01; 8:45 am]
BILLING CODE 4910-60-P