[Federal Register Volume 67, Number 92 (Monday, May 13, 2002)]
[Proposed Rules]
[Pages 32002-32003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11902]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 175

[Docket No. RSPA-02-11654 (HM-228)]
RIN 2137-AD18


Hazardous Materials: Revision of Requirements for Carriage by 
Aircraft; Extension of Comment Period

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

ACTION: Advance notice of proposed rulemaking (ANPRM); extension of 
comment period.

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SUMMARY: On February 26, 2002, RSPA published an advance notice of 
proposed rulemaking to consider changes to the requirements in the 
Hazardous Materials Regulations (HMR) on the transportation of 
hazardous materials by aircraft. These changes would modify or clarify 
requirements to promote safer transportation practices; promote 
compliance and enforcement; eliminate unnecessary regulatory 
requirements; convert certain exemptions into regulations of general 
applicability; finalize outstanding petitions for rulemaking; 
facilitate

[[Page 32003]]

international commerce; and make these requirements easier to 
understand. In response to requests by members of the regulated 
community, the comment period for the advanced proposed rule is 
extended until September 30, 2002.

DATES: Submit comments by September 30, 2002. To the extent possible, 
we will consider comments received after this date.

ADDRESSES: Comments: You must address comments to the Dockets 
Management System, U.S. Department of Transportation, Room PL 401, 400 
Seventh Street SW., Washington, DC 20590-0001. You should identify the 
docket number (RSPA-02-11654 (HM-228)) and submit your comments in two 
copies. If you want to confirm our receipt of your comments, you should 
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 may fax comments to 202-366-2251 for 
filing in the docket.
    The Dockets Management System is located on the Plaza Level of the 
Department of Transportation headquarters building (Nassif Building) at 
the above address. You may review public dockets there between the 
hours of 9 a.m. to 5 p.m., Monday through Friday, except Federal 
holidays. You may also review comments on-line at the DOT Dockets 
Management System Web site at: http://dms.dot.gov.
    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.

FOR FURTHER INFORMATION CONTACT: Deborah Boothe or Michael Stevens of 
the Office of Hazardous Materials Standards, (202) 366-8553, Research 
and Special Programs Administration, U.S. Department of Transportation, 
400 Seventh Street SW., Washington DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    On February 26, 2002, the Research and Special Programs 
Administration (RSPA) published an advance notice of proposed 
rulemaking (ANPRM) (67 FR 8769) under Docket RSPA-02-11654 (HM-228) to 
consider changes to the HMR on transportation of hazardous materials by 
aircraft. The HMR (49 CFR parts 171-180) govern the transportation of 
hazardous materials in commerce by all modes of transportation, 
including aircraft (49 CFR 171.1(a)(1)). Parts 172 and 173 of the HMR 
include requirements for classification and packaging of hazardous 
materials, hazard communication, and training of employees who perform 
functions subject to the requirements in the HMR. Part 175 contains 
additional requirements applicable to aircraft operators transporting 
hazardous materials aboard an aircraft, and authorizes passengers and 
crew members to carry hazardous materials on board an aircraft under 
certain conditions.
    RSPA and the Federal Aviation Administration (FAA) are reviewing 
part 175 and other sections of the HMR applicable to transportation of 
hazardous materials by aircraft. This review will increase safety in 
the air transportation of hazardous materials by:

(1) Modifying or clarifying requirements to promote compliance and 
enforcement;
(2) Eliminating unnecessary current regulatory requirements;
(3) Adopting current exemptions and outstanding petitions for 
rulemaking;
(4) Facilitating international commerce; and
(5) Making the regulations easier to understand.

    On March 28, 2002, the Air Transport Association (ATA) requested an 
extension of the comment period (closing date of May 31, 2002) until 
September 30, 2002. ATA requested the extension because they need 
additional time to develop comments. ATA stated that the airline 
industry needs the opportunity to have air carrier working groups meet 
on several occasions to examine this docket in depth and to answer the 
60 questions posed by RSPA and FAA in the rulemaking.
    On April 2, 2002, the Air Line Pilots Association (ALPA), requested 
an extension of the comment period until September 30, 2002, to fully 
address the rule and prepare comments. ALPA concluded that the areas 
and topic requests, as well as the large number of specific questions 
in the rule are far reaching in their scope and require an in-depth 
response. ALPA commented that the complexity and number of questions 
posed in the rule makes it necessary to request additional time to 
develop their comments. RSPA agrees that extending the comment period 
on this in-depth rulemaking is in the public interest because it will 
assure a more thorough consideration of the issues by all affected 
entities. Therefore, we are extending the comment period to September 
30, 2002.

    Issued in Washington, DC on May 7, 2002, under the authority 
delegated in 49 CFR part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 02-11902 Filed 5-10-02; 8:45 am]
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