[Federal Register Volume 68, Number 53 (Wednesday, March 19, 2003)]
[Proposed Rules]
[Pages 13250-13251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6628]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 397

[Docket No. FMCSA-02-11650 (HM-232A)]
RIN 2137-AD70


Security Requirements for Motor Carriers Transporting Hazardous 
Materials

ACTION: Notice.

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SUMMARY: This notice advises the public that the Research and Special 
Programs Administration (RSPA) has assumed the lead role from the 
Federal Motor Carrier Safety Administration (FMCSA) for rulemaking 
addressing the security of motor carrier shipments of hazardous 
materials. On July 16, 2002, the two agencies published a joint advance 
notice of proposed rulemaking (ANPRM), requesting comments on 
technological and operational measures to enhance hazardous materials 
transportation security. Because the Homeland Security Act of 2002 
provides RSPA with enhanced authority to regulate hazardous materials 
transportation security, RSPA will lead further rulemaking development 
on this subject.

DATES: This notice is effective March 19, 2003.

ADDRESSES: You can mail, fax, hand deliver or electronically submit 
written comments to the U.S. Department of Transportation, Dockets 
Management Facility, Room PL-401, 400 Seventh Street, SW., Washington, 
DC 20590-0001, FAX (202) 493-2251, on-line at http://dmses.dot.gov/submit. You must include in your comment the docket number that appears 
in the heading of this document. You can examine and copy all comments 
at the above address from 9 a.m. to 5 p.m., EDT, Monday through Friday, 
except Federal holidays. You can also view all comments or download an 
electronic copy of this document from the DOT Docket Management System 
(DMS) at http://dms.dot.gov/search.htm by typing the last five digits 
of the document number appearing at the heading of this document. The 
DMS is available 24 hours each day, 365 days each year. You can get 
electronic submission and retrieval help and guidelines at the ``Help'' 
section of the Web site. If you want us to notify you that we received 
your comments, please include a self-addressed, stamped envelope or 
postcard, or print the acknowledgement page that appears after 
submitting comments on-line.

FOR FURTHER INFORMATION CONTACT: Susan Gorsky, Office of Hazardous 
Materials Standards, Research and Special Programs Administration, 202-
366-8553.

SUPPLEMENTARY INFORMATION: On July 16, 2002, FMCSA and RSPA published a 
joint ANPRM entitled ``Security Requirements for Motor Carriers 
Transporting Hazardous Materials'' (67 FR 46622). In the ANPRM, RSPA 
and FMCSA sought information on the feasibility of imposing specific 
security requirements on motor carriers that transport hazardous 
materials in commerce. The ANPRM noted that certain government 
agencies, including the Department of Defense, the Department of 
Energy, and the Nuclear Regulatory Commission, as well as some private 
companies, employ rigorous security measures to protect sensitive 
shipments and suggested that some of these security measures could also 
be appropriate for broader application to commercial motor carrier 
shipments of hazardous materials. In addition, the ANPRM described 
technological solutions for tracking shipments, communicating with 
drivers, or securing shipments within trailers that can protect 
shipments from hijacking or provide an early indication of a potential 
security problem. The ANPRM asked for comments on the feasibility of 
mandating technological or operational measures such as escorts, 
vehicle tracking and monitoring systems, emergency warning systems, 
remote shut-offs, direct short-range communications, and advance 
notification of shipments to state and local authorities. After an 
extension, the comment period for the ANPRM closed November 15, 2002. 
Comments received in response to the ANPRM are accessible through DOT's 
Dockets Management System under Docket No. FMCSA-01-11650 (HM-232A).

[[Page 13251]]

    RSPA's lead role in addressing hazardous materials transportation 
security was clarified with an amendment to the Federal hazardous 
materials transportation law (Federal hazmat law; 49 CFR 5101 et seq.) 
in the Homeland Security Act of 2002 (Pub. Law. 107-296). Under section 
1711 of the Homeland Security Act, the Secretary of Transportation's 
authority to regulate hazardous materials, which is delegated to RSPA, 
was expanded to include hazardous materials transportation security. 
Section 1711 amended section 5103 of Federal hazmat law to require the 
Secretary to ``prescribe regulations for the safe transportation, 
including security, of hazardous material in intrastate, interstate, 
and foreign commerce'' and to provide that the regulations ``shall 
govern safety aspects, including security, of the transportation of 
hazardous material the Secretary considers appropriate.'' Accordingly, 
RSPA and FMCSA determined that RSPA should take the lead in future 
rulemaking to address the security of hazardous materials shipments 
transported by motor carriers. The Spring 2003 edition of the Semi-
Annual Regulatory Agenda will reflect that RSPA has assumed leadership 
of this rulemaking project.
    Once RPSA develops its next regulatory action on this subject, it 
will establish its own docket number. RSPA plans to provide public 
access to that regulatory action, through a hyperlink connecting the 
current FMCSA docket number to the new RSPA docket number. Thus, 
parties searching for updated information on this rulemaking through 
the former docket number will be apprised of RSPA's rulemaking.

    Issued on: March 14, 2003.
Pamela M. Pelcovits,
Acting Associate Administrator, Policy, Plans, and Regulation.
[FR Doc. 03-6628 Filed 3-18-03; 8:45 am]
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