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[Federal Register: May 23, 2002 (Volume 67, Number 100)]
[Proposed Rules]               
[Page 36138-36139]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my02-27]                         

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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 107, 171, 172, and 177

[Docket No. RSPA-02-12064 (HM-232)]
RIN 2137-AD66

 
Hazardous Materials: Security Requirements for Offerors and 
Transporters of Hazardous Materials; Correction and Extension of 
Comment Period

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); correction and extension 
of comment period.

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SUMMARY: On May 2, 2002, the Research and Special Programs 
Administration proposed new requirements to enhance the security of 
hazardous materials transported in commerce. In response to requests by 
members of the regulated community, the comment period for the proposed 
rule is extended until July 3, 2002. In addition, we are correcting a 
citation in the proposed regulatory text.

DATES: Submit comments by July 3, 2002. To the extent possible, we will 
consider late-filed comments as we develop a final rule.

ADDRESSES: Submit comments to the Dockets Management System, U.S. 
Department of Transportation, Room PL 401, 400 Seventh Street, SW, 
Washington, DC 20590-0001. Comments should identify Docket Number RSPA-
02-12064 (HM-232) and be submitted in two copies. If you wish to 
receive confirmation of receipt of your written comments, include a 
self-addressed, stamped postcard. You may also submit comments by e-
mail by accessing the Dockets Management System web site at ``<A HREF="http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov/">http://
dms.dot.gov/</A>'' and following the instructions for submitting a document 
electronically.
    The Dockets Management System is located on the Plaza level of the 
Nassif Building at the Department of Transportation at the above 
address. You can review public dockets there

[[Page 36139]]

between the hours of 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. You can also review comments on-line at the DOT 
Dockets Management System web site at ``<A HREF="http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov/">http://dms.dot.gov/</A>.''

FOR FURTHER INFORMATION CONTACT: Susan Gorsky, (202) 366-8553, Office 
of Hazardous Materials Standards, Research and Special Programs 
Administration.

SUPPLEMENTARY INFORMATION:

I. Background

    On May 2, 2002, the Research and Special Programs Administration 
(RSPA, we) published a notice of proposed rulemaking (NPRM) proposing 
regulations to enhance the security of hazardous materials shipments 
(67 FR 22028). The NPRM proposed to revise requirements in the 
Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable 
to registration certificates, shipping documentation, and training. We 
also proposed to establish a new requirement for certain hazardous 
materials shippers and carriers to have plans in place to assure the 
security of shipments during transportation. We provided for a 30-day 
comment period, until June 3, 2002.
    Since publication of the NPRM, we received 9 requests from 
representatives of the regulated industry requesting an extension of 
the 30-day comment period provided in the NPRM. Commenters suggest that 
the issues addressed in the NPRM require ``significant'' and 
``rigorous'' analysis and substantial industry outreach to accurately 
assess the impact of the proposals on the industry. Commenters request 
a 60-day extension of the comment period to thoroughly review the 
proposals and provide constructive input to the rulemaking process.
    As we stated in the NPRM, the threat to this Nation's security 
posed by possible intentional misuse of hazardous materials transported 
in commerce is ongoing and significant. Hazardous materials shippers 
and carriers must take action to enhance hazardous materials 
transportation security. However, we agree that commenters need more 
time than initially provided to consider the proposals in the NPRM. 
Therefore, we are extending the comment period for the NPRM an 
additional 30 days, until July 3, 2002.
    In addition, two commenters discovered an incorrect reference in 
the NPRM. On page 22034, under the proposed regulatory text language 
for <l-arrow> 172.704(a)(4)(ii), the reference ``<l-arrow> 173.14 of 
this subchapter'' should read ``<l-arrow> 172.802''.
    Accordingly, we are correcting the HM-232 NPRM as follows:

Correction

PART 172--[CORRECTED]


<l-arrow> 172.704  [Corrected]

    In proposed rule FR Doc. 02-10405, beginning on page 22028 in the 
issue of May 2, 2002, make the following correction to the proposed 
regulatory text:
    On page 22034, in the third line of the second paragraph of column 
3, in <l-arrow> 172.704(a)(4)(ii), correct ``<l-arrow> 173.14 of this 
subchapter'' to read ``<l-arrow> 172.802''.

    Issued in Washington, DC on May 20, 2002 under authority 
delegated in 49 CFR part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety Research and 
Special Programs Administration.
[FR Doc. 02-13003 Filed 5-22-02; 8:45 am]
BILLING CODE 4910-60-C

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