76890 Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Proposed Rules

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 107

[Docket No. RSPA–00–8439 (HM–208D)]

RIN 2137–AD53

Hazardous Materials: Temporary

Reduction of Registration Fees

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: Because there is an

unexpended balance in the Hazardous

Materials Emergency Preparedness

grants fund, RSPA proposes to

temporarily lower the registration fees

paid by persons who transport or offer

for transportation in commerce certain

categories and quantities of hazardous

materials. RSPA also proposes to require

all not-for-profit organizations to pay

the same registration fee as a small

business and to refer to the size

standards in the North American

Industry Classification System (NAICS)

as the criteria for a small business.

DATES: Comments must be received by

February 2, 2001.

ADDRESSES: Submit written comments

to the Dockets Management System,

U.S. Department of Transportation,

Room PL 401, 400 Seventh St., SW.,

Washington, DC 20590–0001. You must

identify the docket number, RSPA–00–

8439 (HM–208D) at the beginning of

your comments and submit two copies.

If you wish to receive confirmation of

receipt of your comments, include a

self-addressed stamped postcard. You

may also submit comments by e-mail by

accessing the Dockets Management

System website at http://dms.dot.gov.

Click on ‘‘Help & Information’’ to obtain

instructions for filing the document

electronically.

The Dockets Management System is

located on the Plaza Level of the Nassif

Building at the U.S. DOT at the above

address. You can view public dockets

between the hours of 9:00 a.m. and 5:00

p.m., Monday through Friday, except

federal holidays. You can also view

comments on-line at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr.

David Donaldson, Office of Hazardous

Materials Planning and Analysis, (202)

366–4484, or Ms. Deborah Boothe,

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.

SUPPLEMENTARY INFORMATION:

I. Background and Summary of

Proposal

Since 1992, RSPA has conducted a

national registration program for

persons engaged in the offering for

transportation or transporting certain

categories and quantities of hazardous

materials in intrastate, interstate, or

foreign commerce. This program is

carried out under the mandate in 49

U.S.C. 5108 and the authority delegated

to RSPA at 49 CFR 1.53(b)(1). The

purposes of the registration program are

to (1) gather information about the

transportation of hazardous material

and (2) fund the Hazardous Materials

Emergency Preparedness (HMEP) grants

program which supports hazardous

material emergency response planning

and training activities by States, local

governments, and Indian tribes and

related activities. See 49 U.S.C. 5018(b),

5116.

Until 2000, the annual registration fee

was set at the minimum level of $250

provided in the statute (plus a

processing fee of $50), and the

requirement to register applied only to

those persons offering or transporting

the categories and quantities for which

registration was required by the law. 49

U.S.C. 5108(g)(2)(A). In each of the eight

registration years from 1992–1993

through 1999–2000, RSPA received

approximately 27,000 registration

statements and an average of $6.8

million to support the HMEP grants

program, or less than 50% of the total

$14.3 million intended by Congress for

training and planning grants and grantrelated activities. See the discussion in

the final rule published February 14,

2000 in Docket No. HM–208C (RSPA–

99–5137), 65 FR 7297, 7299. In order to

increase the funds collected from the

registration program for the registration

years beginning with 2000–2001, in the

February 14, 2000 final rule, RSPA (1)

expanded the requirement to register to

all persons who offer for transportation

or transport hazardous materials

required to be placarded (with a limited

exception for farmers), and (2) adopted

a two-tiered fee schedule of $275 (plus

a $25 processing fee) for persons

meeting criteria of the U.S. Small

Business Administration (SBA) for a

‘‘small business,’’ and $1,975 (plus a

$25 processing fee) for all other

registrants. RSPA also allowed

registration for one, two or three years

under a single registration statement. 65

FR at 7309–10.

RSPA estimated that, by requiring

persons to register if they offer for

transportation or transport hazardous

materials required to be placarded, the

total number of registrants would

increase to a number in the range of

42,000 to 45,000. 65 FR at 7308. Based

on the registrations to date, RSPA now

estimates that a total of approximately

40,000 persons will register for the

2000–2001 registration year, and that

the number of registrants may increase

slightly in the future. Based on a careful

review of census data concerning

establishments identified by Standard

Industrial Classification (SIC) Codes

corresponding to operations involving

the likely manufacture, distribution, or

sale (wholesale and retail) of hazardous

materials, RSPA estimated that about

1,500 (3%) of the shippers, carriers, and

offerors of hazardous materials would

not qualify as a SBA small business. 65

FR at 7304. However, to date,

approximately 5,800 (or more than 15%)

of the registrants for the 2000–2001

registration year have paid the higher

$2,000 fee applicable to persons who are

not small businesses.

As a result of the much greater than

anticipated number of persons paying

the higher registration fee applicable to

larger businesses, RSPA has collected

more than $21 million in registration

fees. (This total includes registration

fees received since October 1, 1999 for

prior registration years, but it does not

include the fees paid for future

registration years, 2001–2002 and 2002–

2003.) In addition, another $1.5 million

is available in the account established

under 49 U.S.C. 5116(i) to fund the

HMEP grants and related activities

primarily from funds not used by States.

Because the current annual grants

program obligations are limited to the

$14.3 million designated by Congress,

this leaves a surplus (or unexpended

balance) of approximately $8.5 million

in the account established under section

5116(i). The law requires DOT to adjust

the amount of the annual registration fee

‘‘to reflect any unexpended balance in

the account established under section

5116(i),’’ but it does not require refunds

if there is a surplus in that account. 49

U.S.C. 5116(g)(2)(B).

For the reasons discussed below,

RSPA is proposing to lower the

registration fee for all registrants for the

next six registration years (2001–2002

through 2006–2007) in order to

eliminate the unexpended balance (or

surplus) in the HMEP grants fund.

During this period, small businesses and

non-profit organizations (regardless of

their size) would pay $250 (plus a $25

processing fee), and all other persons

required to register would pay $475

Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Proposed Rules 76891

(plus a $25 processing fee). Any person

who has already registered for future

registration years (2001–2002 and 2002–

2003) would receive a refund of the

excess paid for those future registration

years. RSPA is also proposing to amend

its reference to the SBA small business

criteria to reflect SBA’s recent

replacement of the Standard Industrial

Classification (SIC) code system with

the North American Industry

Classification System (NAICS). In

addition, RSPA proposes to allow

payment by additional credit cards than

previously authorized.

II. Temporarily Reducing the

Registration Fees

As explained more fully in a

preliminary regulatory evaluation

placed in the public docket, RSPA has

considered the following alternatives for

temporarily adjusting the registration

fees in accordance with 49 U.S.C.

5108(g)(2)(B):

(1) Temporarily reduce the

registration fee for all persons required

to register.

(2) Temporarily reduce the

registration fee for those persons who do

not meet the SBA’s criteria for a small

business.

(3) Temporarily reduce the fee to

eliminate the surplus and establish a

permanent fee for future years.

(4) Revise the registration criteria by

temporarily eliminating the requirement

that all persons who offer for

transportation or transport hazardous

materials required to be placarded be

registered.

(5) Provide a refund or a credit for

future registrations.

(6) Temporarily revise the fee

structure so that everyone pays the same

fee.

We invite comments from interested

parties on these alternatives, the most

appropriate time period, and other

possible methods for eliminating the

unexpended balance in the HMEP

grants fund. All comments should be as

detailed as possible with estimates of

the total amount that would be collected

based on the number of registrants and

the registration fee.

In the final rule in Docket No. HM–

208C, we concluded that the registration

program should: (1) Be simple,

straightforward, and easily implemented

and enforced; (2) employ an equity

factor that reflects the differences

between the risk imposed on the public

by the business activities of large and

small businesses; (3) ensure the

adequacy of funding for the HMEP

grants program; and (4) be consistent

with the law. See 65 FR at 7303. We

found that the most appropriate way to

meet these objectives was to expand the

category of persons required to register

to include all persons who offer for

transportation or transport hazardous

materials that require placarding (with a

limited exception for farmers) and to

adopt a two-tiered fee schedule under

which persons meeting the SBA criteria

for defining a small business would pay

a lower fee than larger businesses.

For all the reasons discussed in the

February 14, 2000 final rule, we still

believe that these findings and

conclusions are justified and should be

followed in adjusting registration fees to

reflect the unexpended surplus in the

HMEP grants fund. All persons who

offer or transport in commerce a

quantity of hazardous materials that

requires placarding should be required

to register and pay a registration fee. It

would not be appropriate to revert to a

‘‘flat’’ fee for all registrants, unless the

number of registrants increases to a

level that $14.3 million would be

collected by charging all registrants the

minimum $250 fee. So long as there is

a significant unexpended balance in the

HMEP grants fund, any person that is a

small business should pay the minimum

$250 fee. We have also concluded that

all non-profit organizations, regardless

of their size, should pay the same lower

registration fee as paid by those for

profit businesses meeting the SBA

criteria for a small business, as

explained in Section III. The SBA size

criteria are the most appropriate for

determining a small business and, as

discussed in Section IV, we propose to

replace our reference to SIC codes with

a reference to NAICS because SBA

recently changed its regulations in this

regard.

With a two-tier fee system and

approximately 40,000 registrants, it will

take more than one year to eliminate the

unexpended balance in the HMEP fund.

Stretching this process over several

years also will give RSPA better

information on how many persons are

required to register and whether a

substantial number of registrants have

paid the larger (non-small business) fee

by mistake. Therefore, RSPA is

proposing to eliminate the unexpended

balance over six years, by reducing the

registration fees for all registrants by

amounts that will enable RSPA to

collect approximately $12.8 million in

registration fees in each of the next six

registration years. (This assumes that

RSPA will continue to collect $1.3

million per year in prior year

registrations.) In other words,

registration fees would be set at

amounts that would produce an annual

deficit of approximately $1.5 million

from the $14.3 million authorized for

HMEP grants and related purposes (i.e.,

$14.3 million ¥ $1.5 million = $12.8

million in annual collections). This

would be accomplished by lowering the

annual registration fee, for six years, to:

—$250 (plus a $25 processing fee) for

persons who meet the definition of a

small business or a not-for-profit

entity, and

—$475 (plus a $25 processing fee) for all

other persons who are required to

register.

In response to requests from industry,

in the February 14, 2000 final rule in

Docket No. HM–208C, RSPA provided

that a person could register for up to

three years in one registration statement.

49 CFR 107.612(c), 65 FR at 7309–10. To

date, approximately 5,000 persons have

elected to register for multiple years. If

RSPA lowers the registration fee for the

2001–2002 and 2002–2003 registration

years, each person who has already

registered for one or both of those years

at the higher fee level will receive a

refund of the difference.

Though RSPA is temporarily lowering

the registration fees for six years, we

realize that a permanent change may be

required after the surplus is expended.

RSPA is not making a permanent change

to the registration fees at this time

because of uncertainty in the final

registration numbers in terms of total

registrants and the percentage of large

and small businesses. Instead, within

three years, RSPA will reevaluate the

registration fee levels to determine what

changes are needed in future years

based on any remaining surplus,

changes in the number of registrants, the

number of registrants that are not a

small business, and other relevant

factors.

III. Not-for-Profit Organizations

The SBA criteria for small business

size standards apply to business entities

organized for profit. 13 CFR 121.105(a).

Therefore, non-profit organizations do

not technically qualify as a small

business. RSPA decided for registration

purposes to apply SBA size criteria for

appropriate SIC Codes to non-profit

organizations. However, nearly all of the

non-profit organizations that are

currently registered, which are mostly

educational institutions and hospitals,

exceed the SBA size standards for a

small business. Because non-profit

organizations generally are operated for

educational, religious, charitable and

other similar purposes, RSPA is

interested in helping them to minimize

their costs of operation. Accordingly, for

registration year 2001–2002 and

thereafter, RSPA is proposing to

establish the fee level for a non-profit

76892 Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Proposed Rules

organization at the same level as for a

small business operated for a profit, i.e.,

$250.00 (plus a $25 processing fee) for

the next six registration years, and $275

(plus a $25 processing fee) thereafter.

RSPA is proposing to define a not-forprofit organization as an organization

exempt from taxation under 26 U.S.C.

501(a). RSPA is asking for comments on

the appropriateness of this definition, in

particular as to whether this definition

is broad enough or there is a more

appropriate definition that RSPA should

adopt.

IV. Definition of a Small Business

In the February 14, 2000 final rule in

Docket No. HM–208C, RSPA referenced

SBA’s size standards as they existed at

that time, which were based on the SIC

code system. At that time, RSPA noted

that SBA had proposed to change from

SIC codes to the NAICS, and we

indicated that this change should not

result in many instances in which an

entity would lose its status as a small

business. 65 FR at 7304.

On May 15, 2000, SBA published a

final rule in the Federal Register that

adopted a new table of small business

size standards for industries as defined

in NAICS. 65 FR 30836. SBA published

a corrected table in the Federal Register

on September 5, 2000, which became

effective on October 1, 2000. 65 FR

53533. Our further review of the SIC

codes and NAICS confirms our earlier

conclusion that very few entities would

lose their small business status;

however, we invite comments on the

effect of changing from SIC codes to

NAICS. Accordingly, for registration

year 2001–2002 and thereafter, RSPA is

proposing to change the reference in 49

CFR 107.612 from the SIC code system

to NAICS to correspond to the current

SBA regulations.

A list of size criteria under NAICS is

provided on the SBA Internet site at:

http://www.sba.gov/size/NAICSmatched-with-size-stds-umbrella.htm.

A keyword search engine for NAICS

is provided by the U.S. Census Bureau

at its Internet site at:

http://www.census.gov/epcd/naics/

framesrc.htm.

Additional information on NAICS,

including tables showing the

correspondences between the two

numbering systems is provided at:

http://www.census.gov/epcd/www/

naics.html.

Registrants unfamiliar with NAICS

should find these sites useful in

determining the appropriate code.

V. Petition from the Petroleum

Marketers Association of America

(PMAA)

On October 12, 2000 we received a

Petroleum Marketers Association of

America (PMAA) petition (P–1405)

asking that intrastate marketers of

petroleum and heating oil whose

activities are within SIC codes 5171,

5172, and 5983 be excepted from the

requirement to register and that the

registration fee for all interstate carriers

be reduced to the minimum $250. In

accordance with 49 CFR 106.33(c),

RSPA denies PMAA’s petition. In its petition, a copy of which is

made part of this docket, PMAA stated

that it continues to believe that a ‘‘clear

reading’’ of the statute exempts

intrastate carriers. PMAA states that

‘‘commerce’’ is defined as ‘‘trade or

transportation in the jurisdiction of the

United States between a place in a State

and a place outside of the State; or that

affects trade or transportation between a

place in a State and place outside of the

State.’’ (49 U.S.C. § 5102(1)(A)(B)).

PMAA contends that, ‘‘in this section, it

seems Congress has defined

‘‘commerce’’ as interstate operations to

which the fee applies.’’ PMAA also

states that the ‘‘hazardous materials

(hazmat) transportation program was

designed to allow interstate carriers to

travel between states without paying

each state’s hazmat fee and was

designed to preempt state taxes.’’ PMAA

stated that RSPA will still be able to

meet its HMEP grants funding levels if

it maintains the two-tiered fee system

and removes petroleum marketers from

the registration program. RSPA disagrees with PMAA’s

statements that Congress intended ‘‘to

include only interstate carriers in the

hazardous materials fee program’’ and

that ‘‘the overfunding resulting from

this extension to small, local carriers of

propane, diesel and heating oil ensured

overfunding of the program.’’ In the July

9, 1992 final rule in Docket No. HM–

208, RSPA found that the registration

provisions now set forth in 49 U.S.C.

5108(a)

make no distinction between interstate and

intrastate carriers and shippers of hazardous

materials. Further, it would be illogical to

presume that intrastate offerors and carriers

are excepted from the registration program

when they will be primary recipients of the

enhanced emergency response capabilities

derived from the national emergency

response training and planning grant

program for States and local governments. 57

FR at 30622.

Moreover, RSPA has received

registration statements from only about

3,900 persons in the three SIC codes

specified in PMAA’s request. This

represents less than $1.1 million in

registration fees (not including the $25

processing fee), or a small fraction of the

unexpended balance in the HMEP fund

(assuming that all these persons are

‘‘small, local carriers of propane, diesel

and heating oil’’ as characterized by

PMAA). PMAA’s separate suggestion

that ‘‘all interstate carriers’’ should pay

only the $250 minimum registration fee

conflicts with RSPA’s finding that the

amount of the fee should not be the

same for small and other than small

businesses.

PMAA’s statement that interstate

carriers are somehow insulated from

paying ‘‘each state’s hazmat fee’’ or

‘‘state income or other local taxes’’

seems to ignore the fact that the

registration program under 49 U.S.C.

5108 ‘‘has no preemptive effect’’ on the

ability of ‘‘States, local governments or

Indian tribes to impose their own fees

or registration or permit requirements

on interstate, intrastate or foreign

offerors or carriers of hazardous

materials.’’ 57 FR at 30626. Preemption

of non-Federal hazardous material

registration or permit requirements is

governed by the criteria set forth in 49

U.S.C. 5125.

VI. Rulemaking Analysis and Notices

A. Executive Order 12866 and DOT

Regulatory Policies and Procedures

This proposed rule, if adopted, would

not be considered a significant

regulatory action under section 3(f) of

Executive Order 12866 and, therefore,

was not subject to formal review by the

Office of Management and Budget. This

proposed rule is not considered

significant under the Regulatory Policies

and Procedures of the Department of

Transportation (44 FR 11034). RSPA has

prepared a preliminary regulatory

evaluation which is available for review

in the public docket.

B. Executive Order 13132

This proposed rule has been analyzed

in accordance with the principles and

criteria contained in Executive Order

13132 (‘‘Federalism’’). The registration

requirements do not impair the ability

of States, local governments, or Indian

tribes to impose their own fees or

registration or permit requirements on

persons who offer or transport

hazardous materials in commerce. RSPA

encourages States, local governments,

and Indian tribes to adopt and enforce

requirements in the HMR and the

Federal registration requirement, in

order to enhance compliance with a

nationally uniform set of regulations on

the transportation of hazardous

materials.

Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Proposed Rules 76893

The consultation and funding

requirements of Executive Order 13132

do not apply because this proposed rule

would not adopt any regulation that:

(1) Has substantial direct effects on

the States, the relationship between the

national government and the States, or

the distribution of power and

responsibilities among the various

levels of government;

(2) Imposes substantial direct

compliance costs on State and local

governments; or

(3) Preempts state law.

C. Executive Order 13084

This proposed rule has been analyzed

in accordance with the principles and

criteria contained in Executive Order

13084 (‘‘Consultation and Coordination

with Indian Tribal Governments’’).

Because this proposed rule does not

significantly or uniquely affect the

communities of the Indian tribal

governments and does not impose

substantial direct compliance costs, the

funding and consultation requirements

of Executive Order 13084 do not apply.

D. Regulatory Flexibility Act

The Regulatory Flexibility Act (5

U.S.C. 601–611) requires each agency to

analyze proposed regulations and assess

their impact on small businesses and

other small entities to determine

whether the proposed rule is expected

to have a significant impact on a

substantial number of small entities.

In the February 14, 2000 final rule in

Docket No. HM–208C, RSPA certified

that that final rule did affect a

significant number of small entities, but

that the economic impact on these small

entities will not be significant. 65 FR at

7308–7309. This proposed rule affects

the same small entities that Docket HM–

208C did and, therefore, this proposed

rule would affect a significant number

of small entities. See 65 FR at 7307.

Although this proposed rule is

providing a $25 reduction in the

combined annual fee that small

businesses must pay, that reduction

does not constitute a significant

economic impact on a substantial

number of small entities. Therefore,

RSPA certifies that this proposed rule

would not have a significant economic

impact on a substantial number of small

entities.

E. Unfunded Mandates Reform Act of

1995

This proposed rule would not impose

unfunded mandates under the

Unfunded Mandates Reform Act of

1995. It would not, if adopted, result in

costs of $100 million or more, in the

aggregate, to any of the following: State,

local, or Native American tribal

governments, or the private sector.

F. Paperwork Reduction Act

Under 49 U.S.C. 5108(i), reporting

and recordkeeping requirements

pertaining to the registration rule are

specifically excepted from the

information management requirements

of the Paperwork Reduction Act (44

U.S.C. 3501 et seq.).

G. Regulation Identifier Number (RIN)

A regulation identifier number (RIN)

is assigned to each regulatory action

listed in the Unified Agenda of Federal

Regulations. The Regulatory Information

Service Center publishes the Unified

Agenda in April and October of each

year. The RIN number contained in the

heading of this document may be used

to cross-reference this action with the

Unified Agenda.

List of Subjects in 49 CFR Part 107

Administrative practice and

procedure, Hazardous materials

transportation, Packaging and

containers, Penalties, Reporting and

recordkeeping requirements.

In consideration of the foregoing, 49

CFR Chapter I is proposed to be

amended as follows:

PART 107—HAZARDOUS MATERIALS

PROGRAM PROCEDURES

1. The authority citation for part 107

continues to read as follows:

Authority: 49 U.S.C. 5101–5127, 44701;

Sec. 212–213, Pub. L. 104–121, 110 Stat. 857;

49 CFR 1.45, 1.53.

2. In § 107.612, paragraph (b) is

revised and new paragraphs (c) and (d)

are added to read as follows:

§ 107.612 Amount of fee.

* * * * *

(b) Registration year 2000–2001. For

the registration year 2000–2001, each

person subject to the requirements of

this subpart must pay an annual fee as

follows:

(1) Small business. Each person that

qualifies as a small business, under

criteria specified in 13 CFR part 121 in

effect prior to October 1, 2000 (see 13

CFR revised as of January 1, 1999),

applicable to the standard industrial

classification (SIC) code that describes

that person’s primary commercial

activity, must pay an annual fee of $275

and the processing fee required by

paragraph (b)(3) of this section.

(2) Other than a small business. Each

person that does not meet the criteria

specified in paragraph (b)(1) of this

section must pay an annual fee of

$1,975 and the processing fee required

by paragraph (b)(3) of this section.

(3) Processing fee. The processing fee

is $25 for each registration statement

filed. A single statement may be filed for

one, two, or three registration years as

provided in § 107.616(c).

* * * * *

(c) Registration years 2001–2002

through 2006–2007. For registration

years 2001–2002, 2002–2003, 2003–

2004, 2004–2005, 2005–2006, and 2006–

2007, each person subject to the

requirements of this subpart must pay

an annual fee as follows:

(1) Small business. Each person that

qualifies as a small business, under

criteria specified in 13 CFR part 121 in

effect on or after October 1, 2000,

applicable to the North American

Industry Classification System (NAICS)

that describes that person’s primary

commercial activity, must pay an

annual fee of $250 and the processing

fee required by paragraph (c)(4) of this

section.

(2) Not-for-profit organization. Each

not-for-profit organization must pay an

annual fee of $250 and the processing

fee required by paragraph (c)(4) of this

section. A not-for-profit organization is

an organization exempt from taxation

under 26 U.S.C. 501(a).

(3) Other than a small business or a

not-for-profit organization. Each person

that does not meet the criteria specified

in paragraph (c)(1) or (c)(2) of this

section must pay an annual fee of $475

and the processing fee required by

paragraph (c)(4) of this section.

(4) Processing fee. The processing fee

is $25 for each registration statement

filed. A single statement may be filed for

one, two, or three registration years as

provided in § 107.616(c).

(d) Registration years 2007–2008 and

following. For each registration year

beginning with 2007–2008, each person

subject to the requirements of this

subpart must pay an annual fee as

follows:

(1) Small business. Each person that

qualifies as a small business, under

criteria specified in 13 CFR part 121 in

effect on or after October 1, 2000,

applicable to the North American

Industry Classification System (NAICS)

that describes that person’s primary

commercial activity, must pay an

annual fee of $275 and the processing

fee required by paragraph (d)(4) of this

section.

(2) Not-for-profit organization. Each

not-for-profit organization must pay an

annual fee of $275 and the processing

fee required by paragraph (d)(4) of this

section. A not-for-profit organization is

an organization exempt from taxation

under 26 U.S.C. 501(a).

76894 Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / Proposed Rules

(3) Other than a small business or notfor-profit organization. Each person that

does not meet the criteria specified in

paragraph (d)(1) or (d)(2) of this section

must pay an annual fee of $1,975 and

the processing fee required by paragraph

(d)(4) of this section.

(4) Processing fee. The processing fee

is $25 for each registration statement

filed. A single statement may be filed for

one, two, or three registration years as

provided in § 107.616(c).

3. In § 107.616, paragraph (b) is

revised to read as follows:

§ 107.616 Payment procedures.

* * * * *

(b) Payment must be made by certified

check, cashier’s check, personal check,

or money order in U.S. funds and drawn

on a U.S. bank, payable to the U.S.

Department of Transportation and

identified as payment for the ‘‘Hazmat

Registration Fee’’ or by a credit card

authorization completed and signed on

the registration statement.

* * * * *

Issued in Washington, DC, on December 1,

2000, under authority delegated in 49 CFR

Part 106.

Robert A. McGuire,

Associate Administrator for Hazardous

Materials Safety.

[FR Doc. 00–31044 Filed 12–6–00; 8:45 am]

BILLING CODE 4910–60–P