Comment on FR Doc # E7-21401

My concerns with RIN 3245-AF67 are as follows: 1. The unit of measure for the heating oil industry should be based on and tied to the annual volumetric delivery instead of either revenue or employee base size to more accurately address HAZMAT compliance concerns. 2. Utilizing number of employees as a basis for small business categorization while not applying the same standard for all industries could potentially fail the disparate treatment justification, rational basis and Equal Protection clause challenges. 3. Annual size averaging based on number of employees could encourage heating oil businesses to cut back on the number of employees to the detriment of customer?s safety, on-time delivery and quality of service, especially during high demand seasonal upswings, in order to avoid higher HAZMAT compliance costs associated with the loss of a small business categorization.