[Federal Register Volume 66, Number 191 (Tuesday, October 2, 2001)]
[Proposed Rules]
[Pages 50147-50148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24539]


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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; Cancellation of Public Meetings

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

ACTION: Proposed rule; cancellation of public meetings

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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. On August 2, 
2001, we announced two public meetings to facilitate public comment on 
the proposed rule. One public meeting was scheduled for September 14, 
2001, in Washington, D.C.; on September 12, 2001, it was postponed. A 
second public meeting was scheduled for October 30, 2001, in Diamond 
Bar, California. The October 30 public meeting is cancelled; the 
September 14 public meeting will not be rescheduled.

DATES: The comment period closing date remains November 30, 2001.

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 
a.m. and 5 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: 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.

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.)
    On August 2, 2001, we announced that we planned to host two public 
meetings to facilitate public comment on the NPRM (66 FR 40174). The 
first public meeting was scheduled for September 14, 2001, in 
Washington, D.C. The second public meeting was to be held in Diamond 
Bar, California, on October 30, 2001. We also extended the comment 
period for the NPRM to November 30, 2001.
    On September 12, 2001, we announced on our website (http://hazmat.dot.gov) and by telephone to registered participants that the 
September 14 meeting was postponed, but that we likely would reschedule 
it for a later date. As of September 25, only ten persons had indicated 
to us that they planned to make presentations at the Washington 
meeting; only four persons had registered with us to speak at the 
California meeting on October 30, and two of them were among the ten 
Washington speakers. Therefore, we decided to cancel the California 
public meeting. Further, we decided against rescheduling the Washington 
meeting. The comment period for the NPRM remains open until November 
30, 2001. We urge all interested persons to submit written comments on 
the NPRM. We will consider late-filed comments to the extent possible 
as we consider whether to proceed to a final rule.
    If you believe that written comments are not sufficient to assure 
that your views on the NPRM are communicated to us and that a public 
meeting to facilitate comment on the NPRM is necessary, please submit a 
statement explaining why a public meeting is necessary to the HM-223 
docket. If there is sufficient interest, we will reconsider our 
decision on the public meetings.


[[Page 50148]]


    Issued in Washington, DC, on September 26, 2001.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety, Research and 
Special Programs Administration.
[FR Doc. 01-24539 Filed 10-1-01; 8:45 am]
BILLING CODE 4910-60-P