Proposed rulemaking: Hazardous materials transportation

Comments solicited for DOT hazmat transport registration and fee program

DEPARTMENT OF TRANSPORTATION (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA)

Notice of Proposed Rulemaking (NPRM).

CFR Part: "49 CFR Part 107"
RIN Number: "RIN 2137-AE35"
Citation: "73 FR 24519"
Document Number: "Docket No. PHMSA-2008-0010 (HM-208G)"
Page Number: "24519"
"Proposed Rules"

SUMMARY: This rule proposes to amend the statutorily-mandated registration and fee assessment program for persons who transport, or offer for transportation, certain categories and quantities of hazardous materials. For those registrants not qualifying as a small business or not-for-profit organization, we are proposing to increase the fee from $975 (plus a $25 administrative fee) to $2,475 (plus a $25 administrative fee) for registration year 2009-2010 and following years. The proposed fee increase is necessary to fund the national Hazardous Materials Emergency Preparedness (HMEP) grants program at approximately $28,000,000 in accordance with the Administration's Fiscal Year 2008 budget.

   DATES: Submit comments by July 14, 2008.

   ADDRESSES: You may submit comments identified by DOT DMS Docket Number PHMSA-2008-0010 by any of the following methods:

    * Fax: 202-493-2251.

    * Mail: Dockets Management System; U.S. Department of Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,Washington, DC 20590-0001.

    * Hand Delivery: U.S. Department of Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    * Federal Rulemaking Portal: Follow the instructions for submitting comments.

   Instructions: Include the agency name and docket number PHMSA-2008-0010 (HM-208G) or Regulatory Identification Number (RIN) RIN 2137-AE35 for this rulemaking at the beginning of your comment. Note that all comments received will be posted, without change, to including any personal information provided. Persons wishing to receive confirmation of receipt of their comments must include a self-addressed stamped postcard.

   Docket: You may review the public docket through the Internet at or in person at the Dockets Operations office at the above address (See ADDRESSES).

   FOR FURTHER INFORMATION CONTACT: Mr. David Donaldson, Office of Hazardous Materials Planning and Analysis, PHMSA, (202) 366-4484, or Ms. Deborah Boothe, Office of Hazardous Materials Standards, PHMSA, (202) 366-8553.

   SUPPLEMENTARY INFORMATION: Since 1992, the Pipeline and Hazardous Materials Safety Administration (PHMSA) has conducted a national registration program under the mandate in 49 U.S.C. 5108 for persons who offer for transportation or transport certain hazardous materials in intrastate, interstate, or foreign commerce. The purposes of the registration program are to gather information about the transportation of hazardous materials, and fund the Hazardous Materials and Emergency Preparedness (HMEP) grants program. The HMEP grants program supports hazardous materials emergency response planning and training activities by States, local governments, and Indian tribes. See 49 U.S.C. 5108(b), 5116. PHMSA has discretion to require additional persons to register, beyond those offerors and transporters of the categories and quantities of hazardous materials listed in 49 U.S.C. 5108(a)(1), and to set the annual registration fee between the statutorily-mandated minimum and maximum amounts. See 49 U.S.C. 5108(a)(2), 5108(g)(2)(A).

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