36016 Federal Register / Vol. 61, No. 132 / Tuesday, July 9, 1996 / Proposed Rules

1The report is to be also submitted to the

Committee on Commerce, Science, and

Transportation of the Senate, and the Committee on

Public Works and Transportation of the House of

Representatives.

Rule 74.6 Surface Cleaning and Degreasing

(Adopted 5/8/90)

Rule 74.6.1 Cold Cleaning Operations

(Adopted 9/12/89)

Rule 74.6.2 Batch Loaded Vapor Degreasing

Operations (Adopted 9/12/89)

Rule 74.7 Fugitive Emissions of Reactive

Organic Compounds (ROC) at Petroleum

Refineries and Chemical Plants (Adopted

10/10/95)

Rule 74.8 Refinery Vacuum Producing

Systems, Waste-water Separators and

Process Turnarounds (Adopted 7/5/83)

Rule 74.9 Stationary Internal Combustion

Engines (Adopted 12/21/93)

Rule 74.10 Components at Crude Oil

Production Facilities and Natural Gas

Production and Processing Facilities

(Adopted 6/16/92)

Rule 74.11 Natural Gas-Fired Residential

Water Heaters-Control of NOX (Adopted

4/9/85)

Rule 74.12 Surface Coating of Metal Parts

and Products (Adopted 12/13/94)

Rule 74.15 Boilers, Steam Generators and

Process Heaters (5MM BTUs and greater)

(Adopted 11/8/94)

Rule 74.15.1 Boilers, Steam Generators and

Process Heaters (1–5MM BTUs)(Adopted

6/13/95)

Rule 74.16 Oil Field Drilling Operations

(Adopted 1/8/91)

Rule 74.20 Adhesives and Sealants

(Adopted 6/8/93)

Rule 74.23 Stationary Gas Turbines

(Adopted 10/10/95)

Rule 74.24 Marine Coating Operations

(Adopted 3/8/94)

Rule 74.26 Crude Oil Storage Tank

Degassing Operations (Adopted 11/8/94)

Rule 74.27 Gasoline and ROC Liquid

Storage Tank Degassing Operations

(Adopted 11/8/94)

Rule 74.28 Asphalt Roofing Operations

(Adopted 5/10/94)

Rule 74.30 Wood Products Coatings

(Adopted 5/17/94)

Rule 75 Circumvention (Adopted 11/27/78)

Rule 76 Federally Enforceable Limits on

Potential to Emit (Adopted 10/10/95)

Appendix IV–A Soap Bubble Tests

(Adopted 12/86)

Rule 100 Analytical Methods (Adopted 7/

18/72)

Rule 101 Sampling and Testing Facilities

(Adopted 5/23/72)

Rule 102 Source Tests (Adopted 11/21/78)

Rule 103 Stack Monitoring (Adopted 6/4/

91)

Rule 154 Stage 1 Episode Actions (Adopted

9/17/91)

Rule 155 Stage 2 Episode Actions (Adopted

9/17/91)

Rule 156 Stage 3 Episode Actions (Adopted

9/17/91)

Rule 158 Source Abatement Plans (Adopted

9/17/91)

Rule 159 Traffic Abatement Procedures

(Adopted 9/17/91)

Rule 220 General Conformity (Adopted 5/9/

95)

* * * * *

[FR Doc. 96–17458 Filed 7–8–96; 8:45 am]

BILLING CODE 6050–50–P

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 397

[FHWA Docket No. MC–96–10]

Recommendations on Uniform Forms

and Procedures for the Transportation

of Hazardous Materials

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Notice of report availability;

request for comments.

SUMMARY: The FHWA is requesting

public comment on the final report and

recommendations of the Alliance for

Uniform HazMat Transportation

Procedures (the Alliance) concerning

the implementation of 49 U.S.C. 5119—

formerly referred to as section 22 of the

Hazardous Materials Transportation

Uniform Safety Act of 1990 (HMTUSA).

Section 5119 requires the Secretary of

Transportation (the Secretary) to

establish a working group of State and

local government officials to establish

uniform forms and procedures for the

registration of persons that transport

hazardous materials by motor vehicle,

and to decide whether to limit the filing

of State registration and permit forms

and the collection of filing fees. The

Alliance is the working group created to

fulfill the requirements of the HMTUSA,

and accordingly, has published its final

report with recommendations which is

now available to the public.

DATES: Written comments must be

received on or before November 6, 1996.

ADDRESSES: Submit written, signed

comments to FHWA Docket No. MC–96-

10, room 4232, HCC–10, Office of the

Chief Counsel, Federal Highway

Administration, 400 Seventh Street,

SW., Washington, D. C. 20590. All

comments received will be available for

examination at the above address from

8:30 a.m. to 3:30 p.m., e.t., Monday

through Friday, except Federal holidays.

Those desiring notification of receipt of

comments must include a selfaddressed, stamped postcard.

FOR FURTHER INFORMATION CONTACT: Mr.

Larry W. Minor, Office of Motor Carrier

Research and Standards, (202) 366–

4009; Mr. James D. McCauley, Office of

Motor Carrier Safety and Technology,

(202) 366–9579; or Mr. Raymond W.

Cuprill, Office of Chief Counsel, (202)

366–0834, Federal Highway

Administration, 400 Seventh Street,

SW., Washington, D. C. 20590. Office

hours are from 7:45 a.m. to 4:15 p.m.,

e.t., Monday through Friday, except

Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

Section 5119 of Title 49, United States

Code, requires that the Secretary

establish a working group of State and

local government officials to develop

recommendations on uniform forms and

procedures that the States can use to

register and permit persons that

transport, or cause the transportation of,

hazardous materials by motor vehicle.

The working group is also required to

make recommendations as to whether

the filing of registration and permit

forms, and the collection of related fees,

should be limited to the State in which

a person resides or has its principal

place of business. In developing its

recommendations, the group is required

to consult with persons who are subject

to these registration and permit

requirements. The recommendations of

the working group are to be included in

a final report to the Secretary of

Transportation.1 Finally, section 5119

requires the issuance of regulations

implementing those recommendations

with which the Secretary agrees.

Section 5119 was originally enacted

as section 22 of the Hazardous Materials

Transportation Uniform Safety Act of

1990 (Pub. L. 101–615, 104 Stat. 3244;

November 16, 1990). The HMTUSA

amended the Hazardous Materials

Transportation Act of 1974 (HMTA),

Public Law 93–633, 88 Stat. 2156,

which granted regulatory and

enforcement authority to the Secretary

to provide adequate protection against

the risks to life and property inherent in

the transportation of hazardous

materials in commerce. The HMTA was

designed to replace a patchwork of State

and Federal laws and regulations

concerning hazardous materials

transportation with a scheme of

uniform, national regulations. The

HMTA and HMTUSA were repealed by

Public Law 103–272 (108 Stat. 745,

1379; July 5, 1994) with the statutory

provisions applicable to the

transportation of hazardous materials

recodified at 49 U.S.C. 5101 et seq.

Implementation of Section 5119

A. Creation of the Alliance for Uniform

HazMat Transportation Procedures

In 1991, the National Governors’

Association (NGA) and the National

Conference of State Legislatures (NCSL)

were awarded a contract to coordinate

the staffing and operations of the
Federal Register / Vol. 61, No. 132 / Tuesday, July 9, 1996 / Proposed Rules 36017

2Alliance Phase One Subgroup Reports, National

Governors’ Association-National Conference of

State Legislatures, June 1992. A copy of this

document is included in the docket file.

working group. The NGA and NCSL

presented recommendations to the

Secretary for the establishment of a

panel to carry out the tasks of the

working group. The panel was approved

by the Secretary and held its first

meeting in January 1992, at which time

it selected the title ‘‘the Alliance for

Uniform HazMat Transportation

Procedures’’ or ‘‘the Alliance.’’

The Alliance authorized the formation

of four subgroups to address specific

areas of State hazardous materials

transportation regulation. Industry

representatives were invited to

participate in the subgroups. The

subgroups were: 1. Shipper and Carrier Registration

Subgroup; 2. Shipper and Carrier Permitting and

Licensing Subgroup; 3. Operational Issues Subgroup; and,

4. Audit and Enforcement Subgroup.

Each subgroup was asked to examine

current State practices, identify the

extent to which State practices are

uniform, identify barriers to uniformity,

and make recommendations for criteria

on which a uniform State program

would be based.

One of the key decisions to come out

of the registration subgroup concerned

shippers. After reviewing results from

surveys of the States, the subgroup

decided not to recommend a shipper

registration program separate from the

Federal program operated by the

Research and Special Programs

Administration (RSPA).2 (The RSPA’s

hazardous materials registration and fee

assessment program are discussed later

in this document.) Therefore, the

following discussion of the Alliance’s

program only pertains to motor carriers.

B. Pilot Study

In May of 1992, the Alliance

proceeded with the design and

implementation of a two-year pilot

project. The project was based upon the

following assumptions/

recommendations:

1. Base-state system for registration

and collection of fees;

2. Reciprocity between states that

require permits; 3. Additional information for

hazardous waste transporters; 4. Individual state enforcement

authority; 5. Participation by localities; and,

6. Establishment of a governing board

to manage the pilot project. Based upon the Alliance’s

recommendations, the FHWA funded a

two-year demonstration program for

four States. During the first year, each

State would develop the internal

administrative procedures and

organization to conduct a test of the

Alliance’s recommended program.

During the second year, the States

would implement the program for motor

carriers involved in the transportation of

hazardous materials.

In November of 1992, the Alliance

contacted State hazardous materials

transportation program administrators

to solicit participation in the pilot

study. The States of Minnesota, Nevada,

Ohio, and West Virginia were chosen

based upon the following criteria

established by the Alliance:

1. The Governor and State legislature

were committed to taking the necessary

legislative and administrative actions to

conduct the State’s hazardous materials

transportation programs under the

principles and operating procedures of

the Alliance’s recommendations;

2. The regulated community within

the State was committed to supporting

participation in the program;

3. The State had experience in the

registration and permitting of hazardous

materials, and/or in the transportation

of radioactive materials;

4. The group of States chosen

reflected ‘‘geographic diversity;’’

5. At least one pilot State had a

‘‘major locality’’ with a hazardous

materials transportation registration or

permitting program.

On July 1, 1993, the pilot States began

registering and permitting motor carriers

in accordance with the Alliance’s

recommendations. Each participating

State was given the opportunity to select

one of the following three options for

implementing the Alliance’s Uniform

Program:

1. The State could apply the

requirements of the Uniform Program to

all motor carriers (interstate and

intrastate); or

2. The State could apply the

requirements only to domiciled,

interstate motor carriers that operate in

two or more of the pilot States; or,

3. The State could select an even

smaller sample of interstate motor

carriers.

Minnesota, Ohio, and West Virginia

used option one while Nevada selected

option two for the first round of

registration and permitting with the

intent of expanding the program to all

motor carriers during the second

program year.

C. The Alliance’s Findings and

Conclusions

On March 15, 1996, the Alliance

submitted its final report and

recommendations to the FHWA. The

Alliance concluded that the pilot study

met the uniformity mandate of 49 U.S.C.

5119. The report states that all of the

pilot States support the program and

believe that other States should join the

program to increase the benefits

provided by this uniform program and

to spread the administrative load

presented by multi-state carriers. The

report claims that industry participants

also support making the program

uniform in all States, although the

industry believes that a shorter

application form and a simplified

formula for calculating fees should be

used.

The Alliance recommends that the

Secretary:

1. Explore options for the

consolidation of Federal and State

registration programs;

2. Consider waiving the Federal

requirement for motor carriers that have

obtained a permit under the Uniform

Program; and

3. Promote a one-stop repository for

up-to-date information on hazardous

materials routing designations.

In addition, the Alliance’s Governing

Board, which was responsible for

managing the pilot program,

recommends that the Congress amend

section 5119 to require that any

jurisdiction that elects to register and/or

permit motor carriers to transport

hazardous materials, must do so in

conformity with the Alliance’s Uniform

Program. The Board recommends that

the Secretary retain the authority to

preempt any State program or program

provision that the Secretary determines

is inconsistent with the uniformity

mandate. Additionally, the Board

recommends that the Congress establish

a deadline (not less than three years) for

compliance with the mandate and

provide financial support to the

Alliance to facilitate State entry into the

Uniform Program.

Other Federal and State Initiatives

There are several major activities

underway which may have an impact or

may be related to the State hazardous

materials transportation registration and

permitting processes. These activities

include: (1) The FHWA’s motor carrier

safety permits and inspection

rulemaking; (2) the Research and

Special Program Administration’s

(RSPA) Hazardous Materials

Registration and Fee Assessment

Program; (3) the Commercial Vehicle

Information System (CVIS) feasibility

study; and (4) the elimination of the

Interstate Commerce Commission (ICC)

and the transfer of the ICC’s registration

(operating authority) and insurance

programs to the FHWA. All of these
36018 Federal Register / Vol. 61, No. 132 / Tuesday, July 9, 1996 / Proposed Rules

3The proposed phase-in period was to be

implemented as follows:

Effective date and covered quantities of class A

and/or B explosives:

Nov. 16, 1993—454 kilograms (1,000 pounds) or

more.

Nov. 16, 1994—227 kilograms (500 pounds) or

more.

Nov. 16, 1995—25 kilograms (55 pounds) or

more.

initiatives, as well as the FHWA’s motor

carrier registration requirement—the

motor carrier identification report (Form

MCS–150) required by 49 CFR 385.21

and used by the FHWA to assign

USDOT numbers—and the registration

and insurance filings of for-hire motor

carriers required by many States (Single

State Registration System), are very

similar or related. However, these

programs are commonly administered as

separate functions by several agencies

within a State.

These activities may have a

significant bearing on the public

comments offered in response to this

notice and on the ultimate direction of

any resulting rulemaking actions

affecting Federal and State registration

and permitting of transporters and

shippers of hazardous materials. The

FHWA encourages comments on the

relationship between the

recommendations of the Alliance and

the activities discussed in this notice.

FHWA Rulemaking on Motor Carrier

Safety Permits and the Inspection of

Vehicles Transporting Highway-RouteControlled Quantities of Radioactive

Materials [49 U.S.C. 5109(a) and

5105(e)]

Section 5109(a), Motor Carrier Safety

Permits (originally enacted as one of the

provisions of section 8 of the

HMTUSA), provides that a motor carrier

shall only transport, or cause the

transportation of, hazardous materials in

commerce if the carrier holds a safety

permit issued by the Secretary and

keeps a copy of the permit, or other

proof of its existence, in the vehicle.

The Secretary is required to prescribe by

regulation the hazardous materials and

amounts to which the permit

requirement applies. However, the list

of hazardous materials must include, at

a minimum and in amounts established

by the Secretary, the following:

(1) Division 1.1, 1.2, and 1.3 (class A

or B explosives);

(2) liquefied natural gas;

(3) hazardous material the Secretary

designates as extremely toxic by

inhalation; and

(4) a highway-route-controlled

quantity of radioactive material, as

defined by the Secretary.

Section 5105(e), Inspections of Motor

Vehicles Transporting Certain Material

(originally enacted as section 15 of the

HMTUSA), directs the Secretary to issue

regulations requiring that each motor

vehicle transporting a highway-routecontrolled quantity of Class 7

(radioactive) material in commerce be

inspected and certified as complying

with the Federal hazardous materials

and motor carrier safety laws and

regulations. The Secretary may require

the inspections to be conducted by

Federal inspectors or in accordance

with appropriate State procedures. The

Secretary may allow self-certification by

motor carriers using employees that

meet minimum qualifications set by the

Secretary.

On June 17, 1993, the FHWA

published a notice of proposed

rulemaking (NPRM) to implement the

requirements of 49 U.S.C. 5109 and

5105 (58 FR 33418). The FHWA

proposed to amend part 397 of the

Federal Motor Carrier Safety

Regulations (FMCSRs) by adding a new

subpart B, Motor Carrier Safety Permits.

The notice proposed to initially limit

the safety permit program to the

transportation of the four classes of

hazardous materials set forth in the

statute, with phase-in periods for

Division 1.1, 1.2 and 1.3 materials (Class

A and B explosives) 3 and limiting the

materials considered extremely toxic by

inhalation to those that meet the criteria

of Division 2.3, Hazard Zone A, or

Division 6.1, Packing Group I, Hazard

Zone A (see 49 CFR 173.115 and

173.132) and are transported in

quantities of more than 1 liter (1.06

quarts). The proposed permit

procedures made extensive use of

existing FHWA programs, forms and

procedures, and as a result, the agency

proposed not to assess permit fees. To

obtain a permit, a motor carrier would

be required to submit a revised MCS–

150 (Motor Carrier Identification Report)

to the Regional Director, Office of Motor

Carriers, for the region in which the

motor carrier has its principal place of

business. Determinations on safety

permit applications would be based

upon a safety fitness finding made

pursuant to 49 CFR part 385. A

‘‘satisfactory’’ safety rating would be a

prerequisite to the granting of a safety

permit. A less than ‘‘satisfactory’’ safety

rating would result in a denial of the

permit application. The FHWA would

have the discretion to issue a temporary

safety permit (120 days) to an unrated

motor carrier pending a safety fitness

determination. Safety permits would be

valid for three years and would be

renewable. Reviews of the FHWA’s

determinations on permit issuance

would be handled pursuant to the

existing procedures applicable to safety

rating reviews (49 CFR 385.15 and

385.17). The current safety rating

notification letter would be modified to

serve as the safety permit. The letter

would bear a safety permit number,

which would be the motor carrier’s

identification or census number

assigned by the FHWA when the motor

carrier submits the MCS–150 required

by § 385.21. Motor carriers would be

required to display this permit number

on the shipping papers and on the

commercial motor vehicles used.

With regard to the inspection

requirements of 49 U.S.C. 5105, the

FHWA proposed that motor carriers

transporting highway-route-controlled

quantities of Class 7 (radioactive)

materials be required to inspect each

commercial motor vehicle used before

each trip and that a written certification

by a qualified inspector be maintained.

It was proposed that these vehicles be

inspected through the use of the general

inspection requirements contained in 49

CFR part 396, ‘‘Inspection, Repair, and

Maintenance,’’ and the more detailed

inspection standards found in appendix

G to 49 CFR subchapter B, ‘‘Minimum

Periodic Inspection Standards.’’ The

inspector qualification requirements for

the periodic inspection (specified in 49

CFR 396.19) would be used to ensure

that inspectors are qualified to perform

the vehicle inspections.

The FHWA carefully reviewed the

various registration and permitting

requirements of the Federal law and

decided not to proceed with further

rulemaking action to implement the

requirements of 49 U.S.C. 5109 and

5105 until it had considered the final

report and recommendations of the

Alliance for implementing section 5119.

This was considered the most effective

way to satisfy all of these related

statutory requirements, as the Alliance’s

recommendations would have a

significant bearing on the

implementation of the Federal safety

permit and inspection requirements.

Federal Hazardous Materials

Registration and Fee Assessment

Program and the Hazardous Materials

Emergency Preparedness Grant Program

Section 5108(a)(1) (originally enacted

as one of the provisions of section 8 of

the HMTUSA) requires that each person

transporting or causing to be transported

in commerce the following hazardous

materials must file a ‘‘registration

statement’’ with the Secretary:

(1) Highway-route-controlled

quantities of Class 7 (radioactive)

materials;

(2) more than 25 kilograms of Division

1.1, 1.2 and 1.3 (explosives) materials;
Federal Register / Vol. 61, No. 132 / Tuesday, July 9, 1996 / Proposed Rules 36019

(3) more than 1 liter in each package

of a hazardous material which has been

designated by the Secretary as extremely

toxic by inhalation;

(4) hazardous material in a bulk

package, container, or tank as defined

by the Secretary if the package,

container, or tank has a capacity of

13,249 or more liters (3,500 or more

gallons) or has a volume greater than

13.25 cubic meters (468 cubic feet);

(5) a shipment of at least 2,268 kg

(5,000 pounds) (except in a bulk

packaging) of a class of hazardous

material requiring a placard.

In addition, section 5108(a)(2)

provides the Secretary with

discretionary authority to require any of

the following persons to file a

registration statement:

(1) A person transporting or causing

to be transported hazardous materials in

commerce and not covered by section

5108(a)(1);

(2) a person manufacturing,

fabricating, marking, maintaining,

reconditioning, repairing, or testing a

package or container the person

represents, marks or certifies, or sells for

use in transporting in commerce

hazardous material the Secretary

designates.

Paragraph (g) of section 5108

authorizes the Secretary to establish,

impose, and collect a fee for the

processing of the registration statement

as well as an annual fee.

Implementation of these requirements

was delegated by the Secretary to the

RSPA. Federal registration of hazardous

materials offerors and transporters

began in 1992 (57 FR 30620, July 9,

1992). Federal registration is required of

persons engaged in certain activities

that involve the offering or transporting

of hazardous materials in interstate,

intrastate, or foreign commerce by

highway, rail, air, or water. Less than

half of the current registrants have

identified themselves as highway

carriers. The Federal registration

program has no preemptive effect upon

State and local hazardous materials

registration programs.

The annual fee is used to fund grants

to State and Indian tribal governments

for hazardous materials planning and

training purposes. The funds are

allocated through the RSPA’s Federal

Hazardous Materials Emergency

Preparedness (HMEP) Grant Program

with the first grants awarded to

qualifying State and Indian tribal

governments in 1993.

In cooperation with the Alliance’s

pilot program, the concept of ‘‘one-stop

shopping’’ for Federal and State

registration of motor carriers was tested

by the Public Utilities Commission of

Ohio (PUCO) and the RSPA. Motor

carriers required to register with the

State of Ohio were provided with the

option of also submitting the Federal

registration statement and fee to the

PUCO for transmittal to the RSPA. For

the 1994–95 registration year (from July

1, 1994 to June 30, 1995), approximately

200 persons registered in the Federal

program through the PUCO. During the

1995–96 registration year, the number of

persons choosing this option decreased

sharply to 76 persons. Only 16 of the

participants in the 1994–95 registration

year elected to use this process for the

1995–96 registration year.

The Alliance’s report, discussed

above, recommends that the Secretary

explore the consolidation of Federal and

State registration programs. The FHWA

notes, however, that there are

substantial differences between the

existing Federal registration program

and the program recommended by the

Alliance. Commenters should

familiarize themselves thoroughly with

the purpose and scope of coverage of

each program in preparation for

providing comments regarding this

recommendation by the Alliance.

The Commercial Vehicle Information

System (CVIS)

The CVIS project is a feasibility study

mandated by 49 U.S.C. 31106, which

was originally enacted by section 4003

of the Intermodal Surface

Transportation Efficiency Act of 1991

(ISTEA) (Pub. L. 102–240, 105 Stat.

1914, 2144; December 8, 1991).

Specifically, the CVIS ties commercial

motor vehicle registration privileges to a

motor carrier’s safety performance. For

the first time, chronically unsafe motor

carriers risk losing their vehicle

registration privileges if they prove

unable or unwilling to improve their

operational safety levels after a

designated period. The project is a

cooperative effort involving the FHWA

and five pilot States: Iowa (the lead

State), Oregon, Colorado, Minnesota,

and Indiana.

Motor carriers are identified for

inclusion in the CVIS improvement

process (MCSIP—Motor Carrier Safety

Improvement Process) through the

application of a carrier identification

and prioritization algorithm referred to

as the Safestat Identification Algorithm

(Safestat). Safestat identifies ‘‘At Risk’’

motor carriers by producing a safety

score for every interstate motor carrier.

Motor carriers are ranked on a worstfirst basis. Motor carriers with the

lowest scores are considered to be ‘‘At

Risk’’ and are scheduled for a

compliance review (on-site visit), while

motor carriers with less severe safety

scores receive ‘‘warning letters.’’ Once a

motor carrier has been identified for

entry into the MCSIP, its safety

performance is monitored using a

second algorithm called the Safestat

Monitoring Algorithm. The MCSIP

process has been designed to provide

numerous opportunities for motor

carriers to improve their safety

performance. Failure to improve safety

performance, however, will result in

progressively more severe penalties

leading eventually to suspension or

revocation of vehicle registration

privileges.

The CVIS could be used to identify

hazardous materials (HM) carriers that

are ‘‘At Risk’’ by modifying the Safestat

Identification Algorithm to include

additional information about HM motor

carriers. In fact, it has been suggested

that a separate safety evaluation area

relating to HM be included in the

Safestat Identification Algorithm. Under

this proposal, HM carriers that have

been identified for entry into the MCSIP

process and continue to score poorly

may have their HM permits denied or

suspended.

Interstate Commerce Commission’s

(ICC) Carrier Registration and Insurance

Requirements

On December 29, 1995, the President

signed the ICC Termination Act of 1995

(the Act) (Pub.L. 104–88, 109 Stat. 803),

which eliminates the ICC and transfers

certain motor carrier regulatory

functions from the ICC to the FHWA.

The principal functions being

transferred are the licensing/registration

activities, insurance tracking, Mexican

motor carrier oversight, and

responsibilities for brokers, freight

forwarders, and household goods

carriers. All past operating authority

licenses and financial responsibility

filings will remain valid, and all

pending applications and financial

responsibility filings will be processed

by the FHWA. Future applications and

insurance filings will continue to be

accepted by the FHWA. The Act

provides that registration generally

remains in effect for up to five years

unless it is suspended, amended, or

revoked. Reasons for suspension or

revocation may include unsafe

operations, lack of the required financial

responsibility coverage, or failure to

comply with regulatory requirements.

The ICC and the FHWA motor carrier

programs have the common goal of

ensuring that motor carriers are properly

identified, have adequate levels of

financial responsibility, and operate in

a safe manner. Under the present

programs, for-hire motor carriers are

registered and must show proof of
36020 Federal Register / Vol. 61, No. 132 / Tuesday, July 9, 1996 / Proposed Rules

financial responsibility and familiarity

with the FHWA’s safety regulations. The

financial responsibility coverage of forhire motor carriers is continuously

monitored. Policy pre-expiration notices

obtained from the insurance companies

as well as internal audits are used to

determine compliance. Prior to an

insurance policy lapsing, the carrier is

contacted. Enforcement action,

including litigation, can be used to stop

the carrier from operating without

financial responsibility. A carrier’s

operating authority can be revoked if

financial responsibility is not obtained.

A similar procedure applies to motor

carriers that have been authorized to

self-insure.

The Single State Registration System

(SSRS) program was created to succeed

the ‘‘bingo card’’ program administered

by the ICC. The SSRS program is a baseState system whereby a motor carrier

registers its interstate operating

authority with and provides proof of

financial responsibility coverage to one

State (a base-State) instead of multiple

States. The base State then distributes

the collected fees to other participating

States in which the motor carrier’s

vehicles operate. State participation in

the System was limited to those States

participating in the bingo card program

prior to January 1991. Fee amounts were

limited to those imposed prior to

November 1991, not to exceed $10 per

vehicle.

Under the Act, the SSRS will

continue to operate. However, the

Department is required to consolidate

the current USDOT identification

number system, the SSRS, the ICC

registration system (including financial

responsibility registration) into a single,

on-line Federal system. The new system

will contain information on, and

identification of, all foreign and

domestic motor carriers, brokers, and

freight forwarders (as well as others

required to register with the Department

of Transportation) as well as

information on safety fitness and

compliance with the required levels of

financial responsibility coverage. The

Secretary may establish fees to fully

operate the system, including any

personnel to support the overall

registration and financial responsibility

filing system.

Request for Comments

The FHWA requests comments on the

Alliance’s final report and

recommendations, as outlined in this

notice. As discussed above, several

major activities related to the hazardous

materials transportation registration and

permitting processes are also underway.

The FHWA encourages commenters to

consider these activities and their

relationship to the final report and

recommendations of the Alliance. Based

upon the comments received, the

FHWA may hold public meetings to

further discuss these issues.

Copies of the report (‘‘Final Report:

Uniform Program Pilot Project,’’ March

15, 1996) may be ordered at no charge

from the National Governors’

Association. Requests should be

addressed to: National Governors’

Association, c/o Mr. Kyle Winston, Hall

of the States, 444 North Capitol Street,

Suite 267, NW., Washington, D.C.

20001–1512. Request for copies may

also be made by calling the NGA at

(202) 624–5300 or via fax (202) 624–

5395.

All comments received before the

close of business on the comment

closing date indicated above will be

considered and will be available for

examination in the docket at the above

address. Comments received after the

comment closing date will be filed in

the docket and will be considered to the

extent practical. In addition to late

comments, the FHWA will also

continue to file relevant information in

the docket as it becomes available after

the closing date. Interested persons

should continue to examine the docket

for new material.

List of Subjects in 49 CFR Part 397

Hazardous materials transportation,

Highway safety, Motor carriers.

Issued on: July 2, 1996.

Rodney E. Slater,

Federal Highway Administrator.

[FR Doc. 96–17420 Filed 7–8–96; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AC63

Endangered and Threatened Wildlife

and Plants; Reopening of Comment

Period on Proposed Endangered

Status for Five Freshwater Mussels

and Proposed Threatened Status for

Two Freshwater Mussels From Eastern

Gulf Slope Drainages of Alabama,

Florida, and Georgia

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; reopening of

comment period.

SUMMARY: The Fish and Wildlife Service

provides notice that the comment

period is reopened on a proposal to list

the fat three-ridge, shiny-rayed

pocketbook, Gulf moccasinshell,

Ochlockonee moccasinshell, and oval

pigtoe as endangered, and the Chipola

slabshell and purple bankclimber as

threatened, pursuant to the Endangered

Species Act of 1973 (Act), as amended.

The Service is reopening the comment

period on this proposal to allow

members of the public to submit

comments on these proposals.

DATES: The comment period on this

proposal is extended until July 26, 1996.

ADDRESSES: Written comments and

materials concerning the proposal

should be sent to the Field Supervisor,

U.S. Fish and Wildlife Service, 6620

Southpoint Drive South, Suite 310,

Jacksonville, Florida, 32216. Comments

and materials received will be available

for public inspection, by appointment,

during normal business hours at the

above address.

FOR FURTHER INFORMATION CONTACT:

Robert S. Butler at the above address

(telephone: 904/232–2580, fax 904/232–

2404).

SUPPLEMENTARY INFORMATION:

Background

On August 3, 1994, the Service

proposed to add seven freshwater

mussels (fat three-ridge, shiny-rayed

pocketbook, Gulf moccasinshell,

Ochlockonee moccasinshell, oval

pigtoe, Chipola slabshell, and purple

bankclimber) to the list of endangered

and threatened animals (59 FR 39524).

These seven species are endemic to the

Apalachicolan Region of the eastern

Gulf Slope, defined as the rivers from

the Escambia River in the west to the

Suwannee River in the east. These

drainages comprise southeast Alabama,

southwest Georgia, and north Florida.

Section 4(b)(5)(E) of the Endangered

Species Act of 1973, as amended,

requires that a public hearing be held if

it is requested within 45 days of the

publication of a proposed rule. By

September 19, 1994, the Service had

received 12 public hearing requests on

the proposal to list these seven mussels.

The Service conducted five public

informational meetings and five public

hearings in January 1995. A notice of

the public informational meetings,

public hearings, and reopening of the

comment period until February 10,

1995, was published in the Federal

Register on December 12, 1994 (59 FR

63987). In a Federal Register notice

appearing on April 24, 1995 (60 FR

20072), the Service extended the open

comment period until May 5, 1995.

A moratorium on listing actions

(Public Law 104–6) took effect April 10,