[Federal Register Volume 66, Number 228 (Tuesday, November 27, 2001)]
[Proposed Rules]
[Page 59220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29392]



[[Page 59220]]

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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; Extension of Comment Period

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

ACTION: Proposed rule; extension of comment period.

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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. The comment 
period for the proposed rule is extended until February 1, 2002, to 
provide commenters additional time because of delays they may have 
encountered in developing or submitting comments and to consider and 
comment on the proposed rule from the perspective of transportation 
security.

DATES: Submit comments by February 1, 2002. To the extent possible, we 
will consider comments received after this date in making our decision 
on a final rule.

ADDRESSES: 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. If 
you prefer, you can fax comments to 202-493-2251 for filing in the 
docket.
    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/.

FOR FURTHER INFORMATION CONTACT: 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.)
    As a result of the terrorist atrocities committed against the World 
Trade Center and the Pentagon on September 11, 2001, and subsequent 
threats related to biological materials, the Department of 
Transportation is engaged in a broad review of its transportation 
safety and security programs, including many of its ongoing rulemaking 
actions. In light of the potential for continuing terrorist threats and 
the critical need to assure the security of hazardous materials at 
fixed facilities and in transportation, a rule that specifies the 
applicability of the HMR to specific functions and activities and 
clarifies the relationship of the HMR to programs and regulations 
administered by EPA and OSHA is more important than ever. We intend to 
move forward with this rulemaking as expeditiously as possible.
    We recognize, however, that the current timeframe for submitting 
comments on the NPRM may not provide sufficient opportunity for 
commenters because of delays caused by the terrorist activities and the 
potential desire of commenters to consider and comment on the proposed 
rule from the perspective of transportation security. Therefore, we are 
extending the comment period for the HM-223 rulemaking until February 
1, 2002.
    You should be aware that we are experiencing some delays in mail 
deliveries as a result of ongoing efforts to ensure that mail is not 
contaminated with infectious or harmful materials. We encourage you to 
take advantage of the opportunities provided by the DOT Dockets 
Management System to submit comments electronically or by fax.

    Issued in Washington, DC, on November 20, 2001.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety, Research and 
Special Programs Administration.
[FR Doc. 01-29392 Filed 11-26-01; 8:45 am]
BILLING CODE 4910-60-P