[Federal Register Volume 61, Number 199 (Friday, October 11, 1996)]
[Notices]
[Pages 53483-53484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26168]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
[Docket HM-223; Notice No. 96-21]
RIN 2137-AC68
Applicability of the Hazardous Materials Regulations to Loading,
Unloading and Storage
AGENCY: Research and Special Programs Administration (RSPA), DOT.
[[Page 53484]]
ACTION: Notice of meeting; issues to be discussed in Philadelphia.
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SUMMARY: On July 29, 1996, RSPA published an Advance Notice of Proposed
Rulemaking and notice of meeting in the Federal Register. In that
document, RSPA announced three public meetings at which it would seek
ideas, proposals and recommendations regarding the applicability of the
Hazardous Materials Regulations to particular hazardous materials
transportation activities. The first of the three public meetings was
held in Atlanta, Georgia, on September 13, 1996. The second public
meeting was held in Sacramento, California, on September 25, 1996.
Based on information gathered at those public meetings and information
in the docket, RSPA is announcing the topics to be discussed at the
October 30, 1996 meeting in Philadelphia, Pennsylvania, by two working
groups comprised of interested members of the public. Those two topics
are (1) the loading of hazardous materials at shipper and consignee
facilities and (2) the loading, unloading and storage of hazardous
materials at transfer and other mid-transportation facilities. Also,
commenters to date have identified several factors which could provide
a framework for possible regulation in these areas. These factors are
set forth in this notice and will serve as a starting point for
discussion for each working group in Philadelphia.
DATES: Public meeting: A public meeting will be held October 30, 1996,
from 9:00 a.m. to 4:00 p.m. in Philadelphia, Pennsylvania. Any person
wishing to participate in the Philadelphia working-group session should
notify Nancy E. Machado by telephone or in writing on or before October
23, 1996. Notice is not a prerequisite to participation in the
Philadelphia working groups, but will facilitate the agency's planning
efforts.
Written comments: Written comments must be received on or before
November 30, 1996.
ADDRESSES: Public meeting: Penn Tower Hotel, Civic Center Boulevard at
34th St., Philadelphia, PA 19104.
Written comments: Address comments to Dockets Unit (DHM-30), Office
of Hazardous Materials Safety, Research and Special Programs
Administration, U.S. Department of Transportation, Washington, D.C.
20590-0001. Comments should identify the docket and notice number and
be submitted, when possible, in five copies. Persons wishing to receive
confirmation of receipt of their comments should include a self-
addressed, stamped postcard. The Dockets Unit is located in Room 8421
of the Nassif Building, 400 Seventh Street, S.W., Washington, D.C.
20590-0001. Office hours are 8:30 a.m. to 5:00 p.m., Monday through
Friday, except on public holidays when the office is closed.
FOR FURTHER INFORMATION CONTACT: Nancy E. Machado, Office of the Chief
Counsel, Research and Special Programs Administration, U.S. Department
of Transportation, 400 Seventh Street, S.W., Washington D.C. 20590-
0001, telephone 202-366-4400.
SUPPLEMENTARY INFORMATION: On July 29, 1996, RSPA published an Advance
Notice of Proposed Rulemaking (ANPRM) and notice of meeting in the
Federal Register (61 FR 39522). In that document, RSPA announced three
public meetings at which it would seek ideas, proposals and
recommendations regarding the applicability of the Hazardous Materials
Regulations (HMR) (49 CFR Parts 171-180) to particular hazardous
materials transportation activities. In the ANPRM, RSPA asked that
participants in the first meeting, held in Atlanta, Georgia, comment on
issues identified and respond to questions raised in the July 29, 1996
ANPRM. RSPA proposed to begin the Sacramento and Philadelphia meetings
with an overview of the issues of greatest concern to commenters in
Atlanta, and then have participants break out into working groups to
discuss those issues and to generate further ideas, proposals and
recommendations. At the conclusion of the working-group sessions, RSPA
proposed to have each working group present its ideas, proposals and
recommendations to all meeting participants for further discussion.
The Atlanta meeting was held on September 13, 1996, and was
attended by members of the regulated community, local government
interests, and Department of Transportation (DOT), Environmental
Protection Agency (EPA) and Occupational Safety and Health
Administration (OSHA) representatives.
After considering the oral statements made by participants, and
information already in the public docket, RSPA announced at the
conclusion of the Atlanta meeting that the two topics for working-group
discussions in Sacramento would be the unloading of hazardous materials
and the storage of hazardous materials. RSPA also published a notice in
the Federal Register, (61 FR 49723; Sept. 3, 1996) identifying the
issues, as well as several criteria which commenters have suggested as
a framework for determining the applicability or non-applicability of
the HMR. Those criteria are:
(1) The nature of the activity;
(2) The intent of the activity;
(3) The time-frame involved in the activity;
(4) The physical location where the activity takes place;
(5) The priority of interests of each agency in regulating the
activity;
(6) The nature of the shipping papers (e.g., ``active'') at the
time the activity is taking place; and
(7) The type of packaging involved in each activity.
The Sacramento meeting was held on September 25, 1996, and was
attended by members of the regulated community, State and local
government interests, and Department of Transportation (DOT) and
Environmental Protection Agency (EPA) representatives. After
considering the information, ideas, proposals and recommendations
gathered during the two working-group sessions, and information already
in the public docket, RSPA announced at the conclusion of the
Sacramento meeting that the two topics for working-group discussion in
Philadelphia would be (1) the loading of hazardous materials at shipper
and consignee facilities and (2) the loading, unloading and storage of
hazardous materials at transfer and other mid-transportation
facilities. RSPA intends to use the same criteria which were announced
in the September 23, 1996 Federal Register notice, and discussed during
the Sacramento meeting, as a starting point for discussions in
Philadelphia.
RSPA is publishing this information in the Federal Register to
allow participants at the Philadelphia meeting to prepare in advance
for the working-group discussions.
Issued in Washington, DC on October 7, 1996.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 96-26168 Filed 10-10-96; 8:45 am]
BILLING CODE 4910-60-P
