Federal Register / Vol. 60, No. 99 / Tuesday, May 23, 1995 / Rules and Regulations 27231

31. Section 583.7 is amended by

revising paragraphs (b)(2) and (b)(3) to

read as follows:

§ 583.7 Proof of Compliance.

* * * * *

(b) * * *

(2) Reviewing a copy of the tariff rule

published by the NVOCC and in effect

under § 514.15(b)(24) of this chapter; or

(3) Any other appropriate procedure,

provided that such procedure is set

forth in the carrier’s tariff of general

applicability as required by

§ 514.15(b)(25) of this chapter.

* * * * *

By the Commission.

Joseph C. Polking,

Secretary.

[FR Doc. 95–12511 Filed 5–22–95; 8:45 am]

BILLING CODE 6730–01–W

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 107

[Docket No. HM–208B, Amdt. No. 107–34]

RIN 2137–AC58

Hazardous Materials Transportation

Registration and Fee Assessment

Program

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Final rule.

SUMMARY: RSPA is maintaining the

current annual registration fee of $300

(which includes a $50 processing fee),

for persons engaged in transporting or

offering for transportation certain

categories and quantities of hazardous

materials in intrastate, interstate, and

foreign commerce. In addition, this final

rule adopts two changes to the

statutorily mandated registration and fee

assessment program. Applicability of

the registration requirement to materials

that are extremely toxic by inhalation

(Hazard Zone A) is expanded to include

materials in a hazard class or division

other than Division 2.3 or Division 6.1.

RSPA is also adopting an exception

from the registration requirement for

foreign offerors, as authorized by the

amended statute.

EFFECTIVE DATE: July 1, 1996.

FOR FURTHER INFORMATION CONTACT:

David Donaldson, Office of Hazardous

Materials Planning and Analysis, (202)

366–4484, or Joan McIntyre, Office of

Hazardous Materials Standards, (202)

366–4488, RSPA, Department of

Transportation, 400 Seventh Street SW.,

Washington, DC 20590–0001.

SUPPLEMENTARY INFORMATION:

I. Background

On July 9, 1992, RSPA published a

final rule under Docket HM–208 [57 FR

30620], establishing a national

registration and fee assessment program,

as required by 49 U.S.C. 5108 et seq.

(Federal hazardous materials

transportation law), for persons engaged

in transporting or offering for

transportation certain categories and

quantities of hazardous materials in

intrastate, interstate, and foreign

commerce. Persons subject to the

registration program are required to file

annually a registration statement with

RSPA and pay a total annual fee of

$300, of which $250 is used to fund the

Hazardous Materials Public Sector

Training and Planning Grants Program,

and $50 is used to offset processing

costs. The registration fee of $250 is the

minimum amount permitted under the

statute. Grants to States and Indian

tribes are expected to total more than

$20 million through 1995, the third year

that this program has been in effect.

Average annual funding levels ($6.3

million) however have been below the

congressionally authorized level of

$18.975 million per year.

On January 30, 1995, RSPA issued a

notice of proposed rulemaking (NPRM)

(Docket HM–208B; 60 FR 5822) that

proposed changes to increase the annual

registration fee for certain persons. The

NPRM distinguished between large,

medium, and small entities that conduct

operations in one or more of the five

categories for which registration is

required. RSPA proposed a four-level

fee structure that considered the

comparative risks that may be posed by

the types and quantities of

transportation activities covered by the

registration requirement. The annual

fee, under the graduated fee schedule

proposed by RSPA, would be

determined on the basis of the

registrant’s transportation activity

during the prior calendar year: large

($5,050), medium ($2,550), small ($500),

and low ($300).

II. Graduated Fee Schedule

More than 350 comments were

received in response to the NPRM.

Commenters opposing the increased fee

schedule generally claimed that

improved compliance efforts would

eliminate the need to increase the fees

to fully fund the grant program. Twelve

commenters who supported the

proposal to increased fees representing

several States and local emergency

response organizations that benefit

directly from the grants program

indicated a need for increased funding

for grants. Approximately 100 inquiries

were forwarded by Members of Congress

on behalf of their constituents. Many

commenters raised several complex

issues and suggested various funding

alternatives.

As indicated in the notice of proposed

rulemaking, an Industry Working Group

(IWG), facilitated by the Hazardous

Materials Advisory Council, and

reflecting the perspective of many

persons subject to the registration and

fee collection requirements, provided

recommendations on how the

registration and fee collection

requirement could be improved. Those

recommendations contain the basic

themes that are reflected in many of the

350 comments. In addition, the IWG

offered numerous suggestions on how

RSPA may be able to more effectively

communicate registration requirements

in non-technical language that the

regulated community can more easily

understand. RSPA has revised its

brochure describing the registration

program to reflect many of changes

suggested by the IWG.

RSPA received comments on behalf of

the Alliance for Uniform Hazmat

Transportation Procedures (Alliance),

the National Conference of State

Legislatures (NCSL), and the National

Association of SARA Title III Officials.

These commenters, reflecting the

perspective of entities that benefit from

the State and Indian tribe grant program

funded by the fee, also generally

opposed RSPA’s proposed graduated fee

structure. For example, NCSL believes

that because RSPA has not generated,

collected, or disbursed what NCSL

considers as ‘‘modestly authorized

levels,’’ the purpose of the Federal

program has been eroded. NCSL

strongly recommended that RSPA

reevaluate the Federal registration

program with an eye toward

elimination. The Alliance opposed the

fee schedule and believes that RSPA’s

actions will create obstacles in the

registration of motor carriers by States

and that implementation of the

proposed fee schedule is premature.

Based on the comments RSPA

received in response to the NPRM,

including the various alternatives and

recommendations presented, RSPA has

decided not to adopt the current

proposal to increase the registration fees

at this time. Regulations regarding

registration (Subpart G to 49 CFR Part

107) are retained. Therefore, the annual

registration fee remains at $300. This

decision will maintain the current levels

of funding to the States and Indian
27232 Federal Register / Vol. 60, No. 99 / Tuesday, May 23, 1995 / Rules and Regulations

tribes for the Hazardous Materials

Public Sector Training and Planning

Grants Program.

RSPA plans to assess fully the

registration and grants program before

considering further action regarding an

increase in the fee. RSPA will work with

its Federal, State, and local partners,

industry and labor, and environmental

and public interest groups, to examine

the costs and benefits of these programs.

One aspect of this assessment may

include an evaluation of combining

several legislative mandates into a Stateadministered uniform program for

permits and registration. RSPA’s

outreach efforts on this matter may

include public meetings and workshops,

as well as participation in meetings and

seminars sponsored by others. RSPA

will also continue to promote maximum

compliance with the current registration

program.

III. Foreign Offerors

Foreign offerors are included in the

definition of ‘‘persons’’ who are subject

to the registration requirement to the

extent that they engage in any of the

activities covered by the registration

program. However, because of the

potential for reciprocal actions by other

governments, and significant problems

associated with informing and

identifying the parties concerned, RSPA

delayed application of the registration

requirement to these entities until July

1, 1996. See 49 CFR 107.606(f).

Subsequently, section 104 of Public Law

103–311, enacted August 26, 1994,

amended 49 U.S.C. 5108(a) by adding a

new subparagraph that reads as follows:

(4) The Secretary may waive the filing of

a registration statement, or the payment of a

fee, required under this subsection, or both,

for any person not domiciled in the United

States who solely offers hazardous materials

for transportation to the United States from

a place outside the United States if the

country of which such person is a

domiciliary does not require persons

domiciled in the United States who solely

offer hazardous materials for transportation

to the foreign country from places in the

United States to file registration statements,

or to pay fees, for making such an offer.

In this final rule, RSPA makes

permanent the exception currently

provided in § 107.606(f). However, as

proposed in the NPRM, the general

exception in § 107.606(a)(6) is limited to

persons who offer hazardous materials

for transportation to the United States

from a foreign country that does not

impose a registration statement or fee

payment requirement on a person

domiciled in the United States who

offers hazardous materials for

transportation to that country.

In § 107.606(b), RSPA explains that

persons domiciled in countries that

enforce a registration statement or fee

payment requirement must file a

registration statement and pay the

annual fee upon a positive

determination made by RSPA’s

Associate Administrator for Hazardous

Materials Safety, the U.S. Competent

Authority, that the other country’s

requirement is prejudicial to persons

domiciled in the United States. The U.S.

Competent Authority’s determination

will be communicated directly to the

other country’s Competent Authority,

and will be published in the Federal

Register. No later than 60 days

following publication in the Federal

Register of that Competent Authority

determination, offerors domiciled in the

other country are required to file a

registration statement and pay the

annual fee. If such an offeror does not

register as required, it may not offer a

hazardous material for transportation

from that country to the United States.

IV. Expanded PIH Registration

Requirements

As proposed in § 107.601(c), RSPA is

broadening the scope of materials

extremely toxic by inhalation covered

by the registration requirement, to

include every ‘‘material poisonous by

inhalation’’ (PIH) as defined in 49 CFR

171.8 that meets the criteria for Hazard

Zone A (extremely toxic). This change

addresses several PIH materials that are

listed in the Hazardous Materials Table

in 49 CFR 172.101 as a Class 3, Class 8,

Division 4.2 or Division 5.1 hazardous

material. RSPA believes that this change

will not add a substantial number of

persons that are required to register.

V. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT

Regulatory Policies and Procedures

This final rule is considered a

significant regulatory action under

section 3(f) of Executive Order 12866

and was reviewed by the Office of

Management and Budget. This rule is

considered a significant rule under the

Regulatory Policies and Procedures of

the Department of Transportation [44 FR

11034]. A regulatory evaluation is

available for review in the Docket.

Because the statute mandates the

establishment and collection of fees, the

discretionary aspects of this rulemaking

are limited to setting the amount of the

fee within the statutory range for each

person subject to the registration

program. The fees are not related to the

cost of RSPA’s hazardous materials

safety programs. The fees to be paid by

shippers and carriers of certain

hazardous materials in transportation

are related to the benefits received by

these persons from the sale and

transportation of hazardous materials

and from emergency response services

provided by public sector resources,

should an accident or incident occur.

The fees are also related to expenses

incurred by State, Indian tribal, and

local hazardous materials emergency

preparedness and response activities.

B. Executive Order 12612

This action has been analyzed in

accordance with Executive Order 12612

(‘‘Federalism’’). States and local

governments are ‘‘persons’’ under 49

U.S.C. 5102, but are specifically

exempted from the requirement to file a

registration statement. The regulations

herein have no substantial effects on the

States, on the current Federal-State

relationship, or on the current

distribution of power and

responsibilities among the various

levels of government. This registration

regulation has no preemptive effect. It

does not impair the ability of States,

local governments or Indian tribes to

impose their own fees or registration or

permit requirements on intrastate,

interstate or foreign offerors or carriers

of hazardous materials. Thus, RSPA

lacks discretion in this area, and

preparation of a federalism assessment

is not warranted.

C. Regulatory Flexibility Act

This final rule maintains the

minimum fee requirement mandated by

statute for shippers and carriers of

hazardous materials who are subject to

the registration requirement. Therefore,

I certify that this final rule will not have

a significant economic impact on a

substantial number of small entities.

D. Paperwork Reduction Act

Under 49 U.S.C. 5108, the information

management requirements of the

Paperwork Reduction Act [44 U.S.C.

3501 et seq.) do not apply to this final

rule.

E. 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 can 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
Federal Register / Vol. 60, No. 99 / Tuesday, May 23, 1995 / Rules and Regulations 27233

1A complete description of various steps NHTSA

has taken to address this problem can be found in

the October 7 notice.

transportation, Packaging and

containers, Penalties, Reporting and

recordkeeping requirements.

On the basis of the foregoing, 49 CFR

part 107 is 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; 49

CFR 1.45, 1.53.

2. In § 107.601, paragraph (c) is

revised to read as follows:

§ 107.601 Applicability.

* * * * *

(c) More than one L (1.06 quarts) per

package of a material extremely toxic by

inhalation (i.e., ‘‘material poisonous by

inhalation,’’ as defined in § 171.8 of this

chapter, that meets a criteria for ‘‘hazard

zone A,’’ as specified in §§ 173.116(a) or

173.133(a) of this chapter);

* * * * *

3. Section 107.606 is revised to read

as follows:

§ 107.606 Exceptions.

(a) The following are excepted from

the requirements of this subpart:

(1) An agency of the Federal

government.

(2) A State agency.

(3) An agency of a political

subdivision of a State.

(4) An employee of any of those

agencies in paragraphs (a)(1) through

(a)(3) of this section with respect to the

employee’s official duties.

(5) A hazmat employee (including, for

purposes of this subpart, the owneroperator of a motor vehicle that

transports in commerce hazardous

materials, if that vehicle at the time of

those activities, is leased to a registered

motor carrier under a 30-day or longer

lease as prescribed in 49 CFR part 1057

or an equivalent contractual agreement).

(6) A person domiciled outside the

United States, who offers solely from a

location outside the United States,

hazardous materials for transportation

in commerce, provided that the country

of which such a person is a domiciliary

does not require persons domiciled in

the United States, who solely offer

hazardous materials for transportation

to the foreign country from places in the

United States, to file a registration

statement or to pay a registration fee.

(b) Upon making a determination that

persons domiciled in the United States,

who offer hazardous materials for

transportation to a foreign country

solely from places in the United States,

must file registration statements or pay

fees to that foreign country, the U.S.

Competent Authority will provide

notice of such determination directly to

the Competent Authority of that foreign

country and by publication in the

Federal Register. Persons who offer

hazardous materials for transportation

to the United States from that foreign

country must file a registration

statement and pay the required fee no

later than 60 days following publication

of the determination in the Federal

Register.

Issued in Washington, DC on May 18,

1995, under the authority delegated in 49

CFR part 1.

D.K. Sharma,

Administrator, Research and Special

Programs Administration.

[FR Doc. 95–12658 Filed 5–19–95; 9:58 am]

BILLING CODE 4910–60–P

National Highway Traffic Safety

Administration

49 CFR Part 571

[Docket No. 74–14; Notice 94]

RIN 2127–AF30

Federal Motor Vehicle Safety

Standards; Occupant Crash Protection

AGENCY: National Highway Traffic

Safety Administration. (NHTSA), DOT.

ACTION: Final rule.

SUMMARY: This final rule allows

manufacturers the option of installing a

manual device that motorists could use

to deactivate the front passenger-side air

bag in vehicles in which infant

restraints can be used in the front seat

only. The affected vehicles are

passenger cars and light trucks without

rear seats and vehicles with rear seats

that are too small to accommodate

typical rear-facing infant restraints and

convertible infant restraints used in the

rear-facing mode (hereafter referred to as

‘‘typical rear-facing infant restraints’’).

The deactivation device is needed

because when rear-facing infant

restraints are used in the front seats of

dual air bag vehicles, they extend

forward to a point near the dashboard

where they can be struck by a deploying

air bag. Testing has shown this to have

the potential for serious injury to

infants. The ability to deactivate the

passenger air bag will allow parents to

safely use rear-facing infant restraints in

the front seat of these vehicles. The

need for the deactivation device is

steadily growing because manufacturers

are beginning to install, and soon will

be required to install, passenger-side air

bags in all passenger cars and light

trucks.

DATES: Effective Date: The amendments

made in this rule are effective June 22,

1995.

Petition Date: Any petitions for

reconsideration must be received by

NHTSA no later than June 22, 1995.

ADDRESSES: Any petitions for

reconsideration should refer to the

docket and notice number of this notice

and be submitted to: Administrator,

National Highway Traffic Safety

Administration, 400 Seventh Street SW.,

Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Mr. Daniel Cohen, Chief, Frontal Crash

Protection Division, Office of Vehicle

Safety Standards, NRM–12, National

Highway Traffic Safety Administration,

400 Seventh Street SW., Washington,

DC 20590. Telephone: (202) 366–2264.

SUPPLEMENTARY INFORMATION:

Background

On October 7, 1994, NHTSA

published a notice of proposed

rulemaking (NPRM) which proposed to

allow manufacturers the option of

installing a manual device (hereafter

referred to as a ‘‘cutoff device’’) that

motorists could use to deactivate the

front passenger air bag in a vehicle

without rear seats for the purpose of

allowing them to safely use rear-facing

infant restraints in the front seat (59 FR

51158). NHTSA issued the NPRM

because one particular type of child

restraint, i.e., a rear-facing infant

restraint, should not be placed in the

front seat of a vehicle equipped with a

passenger air bag. This poses a problem

because manufacturers are beginning to

install, and soon will be required to

install, passenger air bags in vehicles.

While NHTSA had taken a number of

steps to warn parents of air bag/infant

restraint interaction problems, members

of the American Automobile

Manufacturers Association (AAMA)

indicated a need for further action in a

meeting with NHTSA on January 24,

1994.1 AAMA asked for the meeting to

explore the possibility of installing an

air bag cutoff device to allow rear-facing

infant restraints to be placed in air bagequipped passenger seating positions.

AAMA representatives discussed the

general concept of an air bag cutoff

device, which could be either automatic

or manual. However, the representatives

emphasized that the industry is not

quite ready to install automatic devices

because automatic cutoff technology is

not yet ready for production. At the

meeting, AAMA asked whether