Hazardous Materials: Adjusting Registration and Fee Assessment Program, 57859-57863 [2022-20350]
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57859
Federal Register / Vol. 87, No. 183 / Thursday, September 22, 2022 / Proposed Rules
2. In § 1310.02, add paragraph (a)(38)
to read as follows:
■
§ 1310.02
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Substances covered.
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(a) * * *
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(38) 4-piperidone (piperidin-4-one), its acetals, its amides, its carbamates, its salts, and salts of its acetals, its amides, and its
carbamates, whenever the existence of such is possible ..............................................................................................................................
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3. In § 1310.04:
a. Redesignate paragraphs (g)(1)(xvi)
and (xvii) as paragraphs (g)(1)(xvii) and
(xviii) respectively; and
■ b. Add a new paragraph (g)(1)(xvi).
The revision reads as follows:
■
■
§ 1310.04
Maintenance of records.
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(g) * * *
(1) * * *
(xvi) 4-piperidone (piperidin-4-one),
its acetals, its amides, its carbamates, its
salts, and salts of its acetals, its amides,
and its carbamates, whenever the
existence of such is possible
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■ 4. In § 1310.09, add paragraph (s) to
read as follows:
§ 1310.09 Temporary exemption from
registration.
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(s)(1) Each person required under 21
U.S.C. 822 and 21 U.S.C. 957 to obtain
a registration to manufacture, distribute,
import, or export regulated 4-piperidone
(piperidin-4-one), its acetals, its amides,
its carbamates, its salts, and salts of its
acetals, its amides, and its carbamates,
whenever the existence of such is
possible, including regulated chemical
mixtures pursuant to § 1310.12, is
temporarily exempted from the
registration requirement, provided that
DEA receives a properly completed
application for registration or
application for exemption for a
chemical mixture containing 4piperidone pursuant to § 1310.13 on or
before 30 days after the publication of
a rule finalizing this action. The
exemption would remain in effect for
each person who has made such
application until the Administration has
approved or denied that application.
This exemption applies only to
registration; all other chemical control
requirements set forth in the Act and
parts 1309, 1310, 1313, and 1316 of this
chapter remain in full force and effect.
(2) Any person who manufactures,
distributes, imports, or exports a
chemical mixture containing 4piperidone (piperidin-4-one), its acetals,
its amides, its carbamates, its salts, and
salts of its acetals, its amides, and its
carbamates, whenever the existence of
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such is possible whose application for
exemption is subsequently denied by
DEA must obtain a registration with
DEA. A temporary exemption from the
registration requirement will also be
provided for those persons whose
application for exemption is denied,
provided that DEA receives a properly
completed application for registration
on or before 30 days following the date
of official DEA notification that the
application for exemption has been
denied. The temporary exemption for
such persons will remain in effect until
DEA takes final action on their
registration application.
■ 5. In 1310.12(c), amend the table by
adding in alphabetical order an entry for
‘‘4-piperidone (piperidin-4-one), its
acetals, its amides, its carbamates, its
salts, and salts of its acetals, its amides,
and its carbamates, whenever the
existence of such is possible’’ to read as
follows:
§ 1310.12
*
Exempt chemical mixtures.
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(c) * * *
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TABLE OF CONCENTRATION LIMITS
DEA
chemical
code No.
Concentration
Special conditions
List I Chemicals
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4-piperidone (piperidin-4-one), its acetals, its amides,
its carbamates, its salts, and salts of its acetals, its
amides, and its carbamates, whenever the existence
of such is possible.
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This document of the Drug
Enforcement Administration was signed
on September 8, 2022, by Administrator
Anne Milgram. That document with the
original signature and date is
maintained by DEA. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DEA Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
16:57 Sep 21, 2022
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Not exempt at any concentration .....
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Signing Authority
VerDate Sep<11>2014
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publication, as an official document of
DEA. This administrative process in no
way alters the legal effect of this
document upon publication in the
Federal Register.
Scott Brinks,
Federal Register Liaison Officer, Drug
Enforcement Administration.
[FR Doc. 2022–19974 Filed 9–21–22; 8:45 am]
BILLING CODE 4410–09–P
PO 00000
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Chemical mixtures containing any
amount of 4-piperidone are not
exempt.
*
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 107
[Docket No. PHMSA–2022–0033 (HM–208J)]
RIN 2137–AF59
Hazardous Materials: Adjusting
Registration and Fee Assessment
Program
Pipeline and Hazardous
Materials Safety Administration
AGENCY:
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Federal Register / Vol. 87, No. 183 / Thursday, September 22, 2022 / Proposed Rules
(PHMSA), Department of Transportation
(DOT).
ACTION: Advance notice of proposed
rulemaking (ANPRM).
PHMSA is publishing this
ANPRM to solicit feedback on potential
adjustments to the statutorily mandated
hazardous materials registration and fee
assessment program. Actions such as
the potential adjustment of fees or the
addition of other entities among those
required to register may be necessary to
fund PHMSA’s national emergency
preparedness grant programs at the
newly authorized level in accordance
with the Infrastructure Investment and
Jobs Act of 2021. To fully engage with
stakeholders, this ANPRM solicits
comments and input on questions
related to the scope of the registration
and fee assessment program. Any
comments, data, and information
received will be used to evaluate and
draft proposed amendments.
DATES: Comments must be received by
December 21, 2022. However, PHMSA
will consider late-filed comments to the
extent possible.
ADDRESSES: You may submit comments
identified by the docket number
PHMSA–2022–0033 (HM–208J) by any
of the following methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Fax: (202) 493–2251.
• Mail: Docket Management System,
U.S. Department of Transportation,
Dockets Operations, M–30, Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, Ground Floor, Room W12–140 in the
West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Instructions: All submissions must
include the agency name and docket
number (PHMSA–2022–0033) or RIN
2137–AF59 for this ANPRM at the
beginning of the comment. Note that all
comments received will be posted
without change to https://
www.regulations.gov including any
personal information provided. If sent
by mail, comments must be submitted
in duplicate. Persons wishing to receive
confirmation of receipt of their
comments must include a self-addressed
stamped postcard.
Docket: For access to the dockets to
read background documents or
comments received, go to https://
www.regulations.gov or DOT’s Docket
Operations Office; see ADDRESSES.
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SUMMARY:
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Confidential Business Information:
Confidential Business Information (CBI)
is commercial or financial information
that is both customarily and treated as
private by its owner. Under the Freedom
of Information Act (FOIA; 5 U.S.C. 552),
CBI is exempt from public disclosure. If
your comments responsive to this
ANPRM contain commercial or
financial information that is customarily
treated as private, that you treat as
private, and that is relevant or
responsive to this ANPRM, it is
important that you clearly designate the
submitted comments as CBI. Please
mark each page of your submission
containing CBI as ‘‘PROPRIETARY.’’
PHMSA will treat such marked
submissions as confidential under the
Freedom of Information Act (FOIA) and
they will not be placed in the public
docket of this ANPRM. Submissions
containing CBI should be sent to Yul B.
Baker Jr., Standards and Rulemaking
Division, Office of Hazardous Materials
Safety, (202) 366–8553, PHMSA, East
Building, PHH10, 1200 New Jersey
Avenue SE, Washington, DC 20590. Any
commentary that PHMSA receives,
which is not specifically designated as
CBI, will be placed in the public docket
for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Yul
B. Baker Jr., Standards and Rulemaking
Division, Office of Hazardous Materials
Safety, (202) 366–8553, PHMSA, East
Building, PHH10, 1200 New Jersey
Avenue SE, Washington, DC 20590 and
Adam Lucas, Operations System
Division, Office of Hazardous Materials
Safety, (202) 366–1074 PHMSA, East
Building, PHH–60, 1200 New Jersey
Avenue SE, Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Number of Registrants for Registration
Year 2021–22
III. Registration Fee Scenario Table
IV. Options for Public Comment
I. Background
PHMSA is considering an adjustment
to our statutorily mandated registration
and fee assessment program for persons
who transport or offer for transportation
certain categories and quantities of
hazardous materials. PHMSA conducts
a national hazardous materials
registration program under the mandate
in 49 U.S.C. 5108 for a person 1 who
offers for transportation or transports
certain hazardous materials in
intrastate, interstate, or foreign
commerce. The registration program
implements the mandate for persons to
1 Defined
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in 49 CFR 171.8.
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file a registration statement with the
Secretary of Transportation—as
delegated to PHMSA—and collects
registration and processing fees from
persons required to file a registration
statement (hereafter referred to as
‘‘registrants’’) to fund Emergency
Preparedness (EP) grants. EP grants
support hazardous materials emergency
response planning and training
activities by states, local governments,
and Native American Tribes. EP grants
also fund non-profit organizations to
provide ‘‘train-the-trainer’’ programs for
hazardous materials emergency
response training and hazardous
materials employee training.
Additionally, EP grants support the
development of the Emergency
Response Guide (ERG) and provides
funds for grantee monitoring and
technical assistance.
As noted above, registration and fee
requirements 2 apply to a person who
offers for transportation—or who
transports—hazardous material in
foreign, interstate, or intrastate
commerce. Specifically, the
requirements apply to shippers and
carriers if they offer or transport the
following:
1. A highway route-controlled
quantity of a Class 7 (radioactive)
material.
2. More than 25 kg (55 pounds) of a
Division 1.1, 1.2, or 1.3 (explosive)
material in a motor vehicle, rail car or
freight container.
3. More than one L (1.06 quarts) per
package of a material extremely toxic by
inhalation.
4. A shipment of a quantity of
hazardous materials in a bulk packaging
having a capacity equal to or greater
than 13,248 L (3,500 gallons) for liquids
or gases, or more than 13.24 cubic
meters (468 cubic feet) for solids.
5. A shipment in other than a bulk
packaging of 2,268 kg. (5,000 pounds)
gross weight or more of one class of
hazardous materials for which
placarding of a vehicle, rail car, or
freight container is required.
6. Except for certain farming
operations, a quantity of hazardous
material that requires placarding.
Furthermore, PHMSA has discretion
to require additional persons to
register—beyond those who offer, and
transport certain categories and
quantities of hazardous materials listed
in 49 U.S.C. 5108(a)(1)—and to set the
annual registration fee between the
statutorily mandated minimum and
maximum amounts. See 49 U.S.C.
5108(b), 5116, and 5128(b). PHMSA
may currently set an annual registration
2 See
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§ 107.601 Applicability.
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fee between a minimum of $250 and
maximum of $3,000.
Since 2010, the annual registration fee
has been set at $250 (plus a $25
processing fee) for small businesses 3
and not-for-profit organizations
(hereafter referred to as ‘‘small
businesses’’) and $2,575 (plus a $25
processing fee) for not small businesses
(hereafter referred to as ‘‘large
businesses’’) in accordance with 49 CFR
107.612(b).
On November 15, 2021, President
Biden signed the Infrastructure
Investment and Jobs Act of 2021 (Pub.
L. 117–58)—commonly known as the
‘‘Bipartisan Infrastructure Law’’
(BIL) 4—into law and authorized the
Secretary of Transportation to expend
$46,825,000 from EP funds to carry out
the grants program, for fiscal years 2022
through 2026. As such, the BIL
increases the authorized level of the EP
grants program by $18,507,000. To fully
fund the EP grants program to the
increased authorization amounts,
PHMSA will need to adjust fees for the
national registration and fee program.
The current registration fee structure
does not consider the relative risk of
applicants, products, transport routes,
or other relative risks (or lack thereof)
imposed by an applicant to the public
due to the specific hazardous materials
being transported. This poses challenges
and potential opportunities for
improvement, consistent with marketbased principles as well as principles of
equity and fairness: the potential for a
registration scheme that reflects many
applicants’ relatively minor imposition
of risk on the public as well as a more
equitable fee structure for the few
entities that pose a disproportionately
larger risk on the public.
II. Number of Registrants for
Registration Year 2021–22 5
Using the current registration year
2021–22 as an example, there were
25,529 small business registrants that
paid $6,382,250 in registration fees and
$638,225 in processing fees—while
Number
of small
businesses
Alternative scenarios
for registrants
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there were 6,673 large business
registrants that paid $17,183,975 in
registration fees and $166,825 in
processing fees. The total funds from all
registrants—not including processing
fees—were approximately $23,565,225
for the registration year. PHMSA may
collect additional monies to fund EP
grants at the increased authorization
level of $46,825,000 specified in the
BIL. As one approach, PHMSA has
asked Congress for authorization to
increase the maximum fee for a
registrant as a possible means to collect
additional funds. Other approaches
include expanding the pool of persons
subject to registration or increasing fee
amounts from current levels. Though
more complicated, an additional
approach could involve any number of
factors to capture fees based on the
relative risk an applicant poses via the
transportation of hazardous material
goods.
Historically, as noted in Section I.
‘‘Background,’’ there are triggering
requirements for registration and fee
payments based on certain types of
transport activity performed by a
shipper or carrier. If a company is
required to register, assigned fees are
based on the type and size of the
business performing the activity.
PHMSA is contemplating an approach
of factoring in the level of exposure or
risk introduced by a shipper or carrier
when assigning fees—for example, if a
business operates globally and
transports a particularly hazardous
material, it might incur a slightly higher
fee than a smaller business, which poses
a relatively minor risk to the public and
may therefore incur a lower fee. Thus,
in this ANPRM, PHMSA solicits
comment from the public on how best
to collect additional funding and to help
initiate ideas on different approaches.
PHMSA provides a registration fee
scenario table in Section III.
‘‘Registration Fee Scenario Table’’ to
offer a basic illustration of the potential
impacts of the fee changes to registrants.
Baseline: No change ...................................................
Scenario A:
All additional funds come from large businesses:
No expansion of registration requirements
(i.e., how much should we raise fees on large
businesses to avoid impacting small businesses?).
3 ‘‘Small Business’’ here is defined as either a
‘‘small business’’ per the SBA or a non-profit,
which statutorily pay the same rate as small
businesses, regardless of size.
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Rate paid
by small
businesses
Section IV. ‘‘Options for Public
Comment’’ provides specific scenarios
PHMSA is considering for collecting
additional funds as well as discussion of
potential research for development of a
methodology for a more equitable
registration scheme. The scenarios are
split into two categories of options: (1)
based on the current maximum fee
remaining at $3,000; and (2) based on
the possibility of increasing the
maximum fee.
III. Registration Fee Scenario Table
To achieve full funding at the new
authorized spending level to fund the
EP grants program, PHMSA presents a
fee scenario table as visual aid on
possible impacts of raising funds from
potential sources by increasing the fees
on large businesses, increasing the
number of large businesses required to
register, or any combination thereof.
• Scenarios A and B involve
scenarios in which the entire required
sum is raised exclusively by increasing
one of the sources. For example, raising
only the fee paid by large businesses,
but leaving small business fees and
registration requirements unchanged.
The purpose of providing these
scenarios is not to necessarily suggest
their adoption, but rather to illustrate
the outer limits of the potential factors
necessary to raise additional funding.
• Scenarios C–D represent two
potential hybrid scenarios, in which
additional funding is attained from
raising several sources, rather than a
single source. The purpose of providing
these scenarios is to illustrate how a
combination of higher fees and
expanded registration requirements
could achieve the desired funding level.
Therefore, PHMSA requests comments
and feedback on how best to balance the
factors illustrated in the table below to
reach the Congressional funding
amount, including alternative
combinations of raising rates and the
possibility of expanding registration
requirements.
Number
of large
businesses
Rate paid
by large
businesses
Small
business
burden
Total
collected
27,723
$250
6,886 ..................
$2,575 ................
28.10% ...............
$24,662,200
27,723
$250
6,886 ..................
$5,794 ................
14.8% .................
46,825,000
4 See BIL at: https://www.congress.gov/117/bills/
hr3684/BILLS-117hr3684enr.pdf.
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5 A registration year runs from July 1 of the
current year to June 30 of the following year.
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Federal Register / Vol. 87, No. 183 / Thursday, September 22, 2022 / Proposed Rules
Alternative scenarios
for registrants
Number
of small
businesses
Rate paid
by small
businesses
Number
of large
businesses
Rate paid
by large
businesses
Small
business
burden
Total
collected
Results for Scenario A: To maintain current registration requirements or rates for small businesses, the annual rate charged for large businesses would have to increase to $5,794.
Scenario B:
Fees are fixed: All additional funds come from
expanding the registration requirements for
large businesses..
Results for Scenario B: To maintain current rates
charged to either small businesses or large
businesses and not expand the pool of small
businesses, the total number of large businesses charged would have to increase to
15,493.
Scenario C:
Fees on large businesses are raised 20%: Additional funds come from expanding the registration requirements for large businesses..
Results for Scenario C: Raising the fee on large
businesses by 20% but holding small business
fees constant requires a 1.87x increase in eligibility for large businesses.
........................
........................
............................
2.25x increase ...
¥13.3% change
in small business burden.
........................
27,723
$250
15,493 ................
$2,575 ................
14.80% ...............
........................
........................
2.25x increase in
large business
applicant pool.
............................
¥13.3% change
in small business burden.
27,723
$250
12,911 ................
$3,090 ................
14.8% .................
........................
........................
1.87x increase ...
1.20x increase ...
¥13.3% change
in small business burden.
Alternative scenario for registrants considered to be ‘‘non-high risk’’ large businesses
Scenario D:
Assume 25% of large businesses are
identified as ‘‘high risk.’’ Fees for
small businesses are unchanged.
Fees for ‘‘non-high risk’’ large businesses are increased to the statutory
limit of $3,000. No increased eligibility. All additional revenue comes
from fees on ‘‘high risk’’ large businesses.
Results for Scenario D: The 25% of
large businesses deemed to be ‘‘high
risk’’ would have to pay a registration
fee of $14,182, 5.5x higher than their
current registration fee..
Number
of small
businesses
Rate paid
by small
businesses
Number of
‘‘non-high
risk’’ large
businesses
Rate paid
by ‘‘non-high
risk’’ large
businesses
Number of
‘‘high-risk’’
large
businesses
27,723
$250
5,165
$3,000 ...........
1,722
..................
..................
..................
1.17x increase
..................
46,825,000
........................
46,825,000
........................
Rate paid
by ‘‘high risk’’
large
businesses
Small
business
burden
Total
collected
$14,182 .........
14.8% ............
$46,825,000
5.5x increase
¥13.3%
....................
change in
small business burden.
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NOTES:
1. Bold figures represent the amount each variable would have to be set to make up the additional funding.
2. Bold and italicized figures represent the factor difference between the proposed level and baseline.
3. Information for table was sourced from PHMSA’s Registration Dataset.
IV. Options for Public Comment
The table above provides
combinations of increased rates or
expanded registration requirements to
achieve the increased funding level.
PHMSA requests feedback on these
potential methods, and any alternate
methods PHMSA should consider, to
achieve the increased funding.
Additionally, please address in your
submission any impact on policy
considerations (e.g., equity/
distributional impacts or impact on
small businesses) advocating for or
against different options.
If registration fees remain at a
maximum $3,000 per year, PHMSA is
considering the following options for
comment:
1. Keep the existing registration
requirements (see 49 CFR 107.601) and
raise the registration fee for large
businesses from $2,575 to $3,000.
2. Keep the existing registration
requirements and apply a nominal fee
(e.g., $25) for each facility or geographic
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location from which a registered person
(i.e., a company) offers for
transportation, or transports, certain
hazardous materials.
3. Modify assignment of the
registration fee and/or amount based on
the commensurate hazard posed (e.g.,
shipping Packing Group I materials vs.
Packing Group III materials) 6 or risk
profile (e.g., frequent vs. infrequent
shipments).
4. Expand the registration
requirements—for example, certain
hazardous materials are not subject to
placarding when shipped domestically,
and therefore a person who offers for
transportation, or transports, these
materials are generally exempt from
registration—but could be expanded
with appropriate risk-based
justifications.
6 Packing group means a grouping according to
the degree of danger presented by hazardous
materials. Packing Group I indicates great danger;
Packing Group II, medium danger; Packing Group
III, minor danger.
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5. Expand the registration fee
requirements to include certain persons
who acquire approvals or special
permits from PHMSA that otherwise are
not subject to registration, but which
should be based on a public risk-based
justification.
If Congress allows an increase in the
maximum fee, PHMSA is considering
the following options for comment:
1. Maintain the current maximum
registration fees and create an upper tier
of a higher fee for a certain category of
very large businesses. If this approach is
preferred, how should PHMSA define a
‘‘very large business?’’ Specifically,
what risk factors should go into
determining a very large business
classification, to better account for
market-based risks to the public as well
as equity factors between applicants.
2. Change the registration
requirements to reduce the overall
number of registrants.
3. Keep the existing registration
requirements and raise the registration
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Federal Register / Vol. 87, No. 183 / Thursday, September 22, 2022 / Proposed Rules
fee for large businesses from $2,575 to
a dollar value below the Congressionally
authorized maximum fee (e.g., if the
maximum allowed were increased from
$3,000 to $5,000).
4. Raise fees for specific business
types, classes of material, or
commodities (e.g., poisonous by
inhalation material), which are
considered extremely high risk.
Registration Fee Equity
PHMSA may initiate a research effort
to develop a methodology that could
replace the existing two-tier registration
structure with a more equitable system.
This action would help address
transportation equity by basing the fee
structure on the amount of risk
introduced into the transportation
system by an entity. This work would
build on the questions above (i.e., if
registration fees remain at a maximum
$3,000 per year). While PHMSA
considers initiating this research effort,
PHMSA does have two related questions
that may help us determine the
potential scope and how to formulate
the research effort:
1. What risk factors of transporting
hazardous materials should PHMSA
consider?
2. What data or information is
available to support the choice of these
risk factors and methodology? Please
provide all data or information you
would like PHMSA to consider.
As noted above, PHMSA seeks
comment on each of these questions and
proposals, as well as any additional
options not included in the aboveoutlined discussions.
Issued in Washington, DC, on September
15, 2022, under the authority delegated in 49
CFR 1.97.
William S. Schoonover,
Associate Administrator for Hazardous
Materials Safety, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2022–20350 Filed 9–21–22; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 218
[Docket No. FRA–2021–0032, Notice No. 2]
RIN 2130–AC88
Train Crew Size Safety Requirements
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Proposed rulemaking; extension
of comment period.
AGENCY:
On July 28, 2022, FRA
published a notice of proposed
rulemaking (NPRM) that would require
establishing safe minimum
requirements for the size of train crews,
depending on the type of operation.
FRA is announcing a 67-day extension
to the original comment period, which
ends on September 26, 2022, and
announcing that it will schedule a
public hearing (within the extended
comment period) in a forthcoming
notification to provide interested
persons an opportunity to comment on
the proposal and to discuss further
development of the regulation.
DATES: Written Comments: The
comment period for the proposed rule
published at 87 FR 45564 on July 28,
2022, is extended. FRA must receive
written comments on the proposed rule
by December 2, 2022. FRA will consider
comments received after that date to the
extent practicable.
FRA will publish a supplemental
notification in the Federal Register to
inform interested parties of the date,
time, and how to participate in the
public hearing once it is scheduled.
ADDRESSES:
Comments: Comments related to
Docket No. FRA–2021–0032 may be
submitted by going to https://
www.regulations.gov and following the
online instructions for submitting
comments.
Instructions: All submissions must
include the agency name, docket
number (FRA–2021–0032), and
Regulatory Identification Number (RIN)
SUMMARY:
PO 00000
Frm 00024
Fmt 4702
Sfmt 9990
57863
for this rulemaking (2130–AC88). All
comments received will be posted
without change to https://
www.regulations.gov; this includes any
personal information. Please see the
Privacy Act heading in the
SUPPLEMENTARY INFORMATION section of
this document for Privacy Act
information related to any submitted
comments or materials.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov and follow the
online instructions for accessing the
docket.
FOR FURTHER INFORMATION CONTACT:
Kevin Lewis, Operating Crew
Certification Specialist, U.S. Department
of Transportation, Federal Railroad
Administration, telephone: 918–557–
0651, email: kevin.lewis@dot.gov; or
Alan H. Nagler, Senior Attorney, U.S.
Department of Transportation, Federal
Railroad Administration, telephone:
202–493–6038, email: alan.nagler@
dot.gov.
SUPPLEMENTARY INFORMATION:
Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
DOT posts these comments, without
edit, to www.regulations.gov, as
described in the system of records
notice, DOT/ALL–14 FDMS, accessible
through https://www.transportation.gov/
privacy. To facilitate comment tracking
and response, we encourage
commenters to provide their name, or
the name of their organization; however,
submission of names is completely
optional. Whether or not commenters
identify themselves, all timely
comments will be fully considered. If
you wish to provide comments
containing proprietary or confidential
information, please contact the agency
for alternate submission instructions.
Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2022–20476 Filed 9–21–22; 8:45 am]
BILLING CODE 4910–06–P
E:\FR\FM\22SEP1.SGM
22SEP1
]]>Agencies
[Federal Register Volume 87, Number 183 (Thursday, September 22, 2022)]
[Proposed Rules]
[Pages 57859-57863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20350]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107
[Docket No. PHMSA-2022-0033 (HM-208J)]
RIN 2137-AF59
Hazardous Materials: Adjusting Registration and Fee Assessment
Program
AGENCY: Pipeline and Hazardous Materials Safety Administration
[[Page 57860]]
(PHMSA), Department of Transportation (DOT).
ACTION: Advance notice of proposed rulemaking (ANPRM).
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SUMMARY: PHMSA is publishing this ANPRM to solicit feedback on
potential adjustments to the statutorily mandated hazardous materials
registration and fee assessment program. Actions such as the potential
adjustment of fees or the addition of other entities among those
required to register may be necessary to fund PHMSA's national
emergency preparedness grant programs at the newly authorized level in
accordance with the Infrastructure Investment and Jobs Act of 2021. To
fully engage with stakeholders, this ANPRM solicits comments and input
on questions related to the scope of the registration and fee
assessment program. Any comments, data, and information received will
be used to evaluate and draft proposed amendments.
DATES: Comments must be received by December 21, 2022. However, PHMSA
will consider late-filed comments to the extent possible.
ADDRESSES: You may submit comments identified by the docket number
PHMSA-2022-0033 (HM-208J) by any of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
Fax: (202) 493-2251.
Mail: Docket Management System, U.S. Department of
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, Ground Floor, Room W12-140 in the West Building, 1200
New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Instructions: All submissions must include the agency name and
docket number (PHMSA-2022-0033) or RIN 2137-AF59 for this ANPRM at the
beginning of the comment. Note that all comments received will be
posted without change to https://www.regulations.gov including any
personal information provided. If sent by mail, comments must be
submitted in duplicate. Persons wishing to receive confirmation of
receipt of their comments must include a self-addressed stamped
postcard.
Docket: For access to the dockets to read background documents or
comments received, go to https://www.regulations.gov or DOT's Docket
Operations Office; see ADDRESSES.
Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and treated as private by its owner. Under the Freedom of
Information Act (FOIA; 5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this ANPRM contain
commercial or financial information that is customarily treated as
private, that you treat as private, and that is relevant or responsive
to this ANPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPRIETARY.'' PHMSA will treat such marked submissions as
confidential under the Freedom of Information Act (FOIA) and they will
not be placed in the public docket of this ANPRM. Submissions
containing CBI should be sent to Yul B. Baker Jr., Standards and
Rulemaking Division, Office of Hazardous Materials Safety, (202) 366-
8553, PHMSA, East Building, PHH10, 1200 New Jersey Avenue SE,
Washington, DC 20590. Any commentary that PHMSA receives, which is not
specifically designated as CBI, will be placed in the public docket for
this rulemaking.
FOR FURTHER INFORMATION CONTACT: Yul B. Baker Jr., Standards and
Rulemaking Division, Office of Hazardous Materials Safety, (202) 366-
8553, PHMSA, East Building, PHH10, 1200 New Jersey Avenue SE,
Washington, DC 20590 and Adam Lucas, Operations System Division, Office
of Hazardous Materials Safety, (202) 366-1074 PHMSA, East Building,
PHH-60, 1200 New Jersey Avenue SE, Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Number of Registrants for Registration Year 2021-22
III. Registration Fee Scenario Table
IV. Options for Public Comment
I. Background
PHMSA is considering an adjustment to our statutorily mandated
registration and fee assessment program for persons who transport or
offer for transportation certain categories and quantities of hazardous
materials. PHMSA conducts a national hazardous materials registration
program under the mandate in 49 U.S.C. 5108 for a person \1\ who offers
for transportation or transports certain hazardous materials in
intrastate, interstate, or foreign commerce. The registration program
implements the mandate for persons to file a registration statement
with the Secretary of Transportation--as delegated to PHMSA--and
collects registration and processing fees from persons required to file
a registration statement (hereafter referred to as ``registrants'') to
fund Emergency Preparedness (EP) grants. EP grants support hazardous
materials emergency response planning and training activities by
states, local governments, and Native American Tribes. EP grants also
fund non-profit organizations to provide ``train-the-trainer'' programs
for hazardous materials emergency response training and hazardous
materials employee training. Additionally, EP grants support the
development of the Emergency Response Guide (ERG) and provides funds
for grantee monitoring and technical assistance.
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\1\ Defined in 49 CFR 171.8.
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As noted above, registration and fee requirements \2\ apply to a
person who offers for transportation--or who transports--hazardous
material in foreign, interstate, or intrastate commerce. Specifically,
the requirements apply to shippers and carriers if they offer or
transport the following:
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\2\ See Sec. 107.601 Applicability.
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1. A highway route-controlled quantity of a Class 7 (radioactive)
material.
2. More than 25 kg (55 pounds) of a Division 1.1, 1.2, or 1.3
(explosive) material in a motor vehicle, rail car or freight container.
3. More than one L (1.06 quarts) per package of a material
extremely toxic by inhalation.
4. A shipment of a quantity of hazardous materials in a bulk
packaging having a capacity equal to or greater than 13,248 L (3,500
gallons) for liquids or gases, or more than 13.24 cubic meters (468
cubic feet) for solids.
5. A shipment in other than a bulk packaging of 2,268 kg. (5,000
pounds) gross weight or more of one class of hazardous materials for
which placarding of a vehicle, rail car, or freight container is
required.
6. Except for certain farming operations, a quantity of hazardous
material that requires placarding.
Furthermore, PHMSA has discretion to require additional persons to
register--beyond those who offer, and transport certain categories and
quantities of hazardous materials listed in 49 U.S.C. 5108(a)(1)--and
to set the annual registration fee between the statutorily mandated
minimum and maximum amounts. See 49 U.S.C. 5108(b), 5116, and 5128(b).
PHMSA may currently set an annual registration
[[Page 57861]]
fee between a minimum of $250 and maximum of $3,000.
Since 2010, the annual registration fee has been set at $250 (plus
a $25 processing fee) for small businesses \3\ and not-for-profit
organizations (hereafter referred to as ``small businesses'') and
$2,575 (plus a $25 processing fee) for not small businesses (hereafter
referred to as ``large businesses'') in accordance with 49 CFR
107.612(b).
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\3\ ``Small Business'' here is defined as either a ``small
business'' per the SBA or a non-profit, which statutorily pay the
same rate as small businesses, regardless of size.
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On November 15, 2021, President Biden signed the Infrastructure
Investment and Jobs Act of 2021 (Pub. L. 117-58)--commonly known as the
``Bipartisan Infrastructure Law'' (BIL) \4\--into law and authorized
the Secretary of Transportation to expend $46,825,000 from EP funds to
carry out the grants program, for fiscal years 2022 through 2026. As
such, the BIL increases the authorized level of the EP grants program
by $18,507,000. To fully fund the EP grants program to the increased
authorization amounts, PHMSA will need to adjust fees for the national
registration and fee program.
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\4\ See BIL at: https://www.congress.gov/117/bills/hr3684/BILLS-117hr3684enr.pdf.
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The current registration fee structure does not consider the
relative risk of applicants, products, transport routes, or other
relative risks (or lack thereof) imposed by an applicant to the public
due to the specific hazardous materials being transported. This poses
challenges and potential opportunities for improvement, consistent with
market-based principles as well as principles of equity and fairness:
the potential for a registration scheme that reflects many applicants'
relatively minor imposition of risk on the public as well as a more
equitable fee structure for the few entities that pose a
disproportionately larger risk on the public.
II. Number of Registrants for Registration Year 2021-22 \5\
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\5\ A registration year runs from July 1 of the current year to
June 30 of the following year.
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Using the current registration year 2021-22 as an example, there
were 25,529 small business registrants that paid $6,382,250 in
registration fees and $638,225 in processing fees--while there were
6,673 large business registrants that paid $17,183,975 in registration
fees and $166,825 in processing fees. The total funds from all
registrants--not including processing fees--were approximately
$23,565,225 for the registration year. PHMSA may collect additional
monies to fund EP grants at the increased authorization level of
$46,825,000 specified in the BIL. As one approach, PHMSA has asked
Congress for authorization to increase the maximum fee for a registrant
as a possible means to collect additional funds. Other approaches
include expanding the pool of persons subject to registration or
increasing fee amounts from current levels. Though more complicated, an
additional approach could involve any number of factors to capture fees
based on the relative risk an applicant poses via the transportation of
hazardous material goods.
Historically, as noted in Section I. ``Background,'' there are
triggering requirements for registration and fee payments based on
certain types of transport activity performed by a shipper or carrier.
If a company is required to register, assigned fees are based on the
type and size of the business performing the activity. PHMSA is
contemplating an approach of factoring in the level of exposure or risk
introduced by a shipper or carrier when assigning fees--for example, if
a business operates globally and transports a particularly hazardous
material, it might incur a slightly higher fee than a smaller business,
which poses a relatively minor risk to the public and may therefore
incur a lower fee. Thus, in this ANPRM, PHMSA solicits comment from the
public on how best to collect additional funding and to help initiate
ideas on different approaches. PHMSA provides a registration fee
scenario table in Section III. ``Registration Fee Scenario Table'' to
offer a basic illustration of the potential impacts of the fee changes
to registrants. Section IV. ``Options for Public Comment'' provides
specific scenarios PHMSA is considering for collecting additional funds
as well as discussion of potential research for development of a
methodology for a more equitable registration scheme. The scenarios are
split into two categories of options: (1) based on the current maximum
fee remaining at $3,000; and (2) based on the possibility of increasing
the maximum fee.
III. Registration Fee Scenario Table
To achieve full funding at the new authorized spending level to
fund the EP grants program, PHMSA presents a fee scenario table as
visual aid on possible impacts of raising funds from potential sources
by increasing the fees on large businesses, increasing the number of
large businesses required to register, or any combination thereof.
Scenarios A and B involve scenarios in which the entire
required sum is raised exclusively by increasing one of the sources.
For example, raising only the fee paid by large businesses, but leaving
small business fees and registration requirements unchanged. The
purpose of providing these scenarios is not to necessarily suggest
their adoption, but rather to illustrate the outer limits of the
potential factors necessary to raise additional funding.
Scenarios C-D represent two potential hybrid scenarios, in
which additional funding is attained from raising several sources,
rather than a single source. The purpose of providing these scenarios
is to illustrate how a combination of higher fees and expanded
registration requirements could achieve the desired funding level.
Therefore, PHMSA requests comments and feedback on how best to balance
the factors illustrated in the table below to reach the Congressional
funding amount, including alternative combinations of raising rates and
the possibility of expanding registration requirements.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Rate paid by
Alternative scenarios for small small Number of large Rate paid by large Small business burden Total
registrants businesses businesses businesses businesses collected
--------------------------------------------------------------------------------------------------------------------------------------------------------
Baseline: No change................ 27,723 $250 6,886................ $2,575............... 28.10%............... $24,662,200
Scenario A:
All additional funds come from 27,723 $250 6,886................ $5,794............... 14.8%................ 46,825,000
large businesses: No expansion
of registration requirements
(i.e., how much should we
raise fees on large businesses
to avoid impacting small
businesses?).
[[Page 57862]]
Results for Scenario A: To .............. .............. ..................... 2.25x increase....... -13.3% change in ..............
maintain current registration small business
requirements or rates for burden.
small businesses, the annual
rate charged for large
businesses would have to
increase to $5,794.
Scenario B:
Fees are fixed: All additional 27,723 $250 15,493............... $2,575............... 14.80%............... 46,825,000
funds come from expanding the
registration requirements for
large businesses..
Results for Scenario B: To .............. .............. 2.25x increase in ..................... -13.3% change in ..............
maintain current rates charged large business small business
to either small businesses or applicant pool. burden.
large businesses and not
expand the pool of small
businesses, the total number
of large businesses charged
would have to increase to
15,493.
Scenario C:
Fees on large businesses are 27,723 $250 12,911............... $3,090............... 14.8%................ 46,825,000
raised 20%: Additional funds
come from expanding the
registration requirements for
large businesses..
Results for Scenario C: Raising .............. .............. 1.87x increase....... 1.20x increase....... -13.3% change in ..............
the fee on large businesses by small business
20% but holding small business burden.
fees constant requires a 1.87x
increase in eligibility for
large businesses.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Number of
Alternative scenario for Number of Rate paid ``non-high Rate paid by ``non- ``high- Rate paid by
registrants considered to be small by small risk'' high risk'' large risk'' ``high risk'' Small business Total
``non-high risk'' large businesses businesses large businesses large large businesses burden collected
businesses businesses businesses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Scenario D:
Assume 25% of large 27,723 $250 5,165 $3,000............ 1,722 $14,182........... 14.8%............. $46,825,000
businesses are identified
as ``high risk.'' Fees for
small businesses are
unchanged. Fees for ``non-
high risk'' large
businesses are increased
to the statutory limit of
$3,000. No increased
eligibility. All
additional revenue comes
from fees on ``high risk''
large businesses.
Results for Scenario D: The .......... .......... .......... 1.17x increase.... .......... 5.5x increase..... -13.3% change in ...........
25% of large businesses small business
deemed to be ``high risk'' burden.
would have to pay a
registration fee of
$14,182, 5.5x higher than
their current registration
fee..
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. Bold figures represent the amount each variable would have to be set to make up the additional funding.
2. Bold and italicized figures represent the factor difference between the proposed level and baseline.
3. Information for table was sourced from PHMSA's Registration Dataset.
IV. Options for Public Comment
The table above provides combinations of increased rates or
expanded registration requirements to achieve the increased funding
level. PHMSA requests feedback on these potential methods, and any
alternate methods PHMSA should consider, to achieve the increased
funding. Additionally, please address in your submission any impact on
policy considerations (e.g., equity/distributional impacts or impact on
small businesses) advocating for or against different options.
If registration fees remain at a maximum $3,000 per year, PHMSA is
considering the following options for comment:
1. Keep the existing registration requirements (see 49 CFR 107.601)
and raise the registration fee for large businesses from $2,575 to
$3,000.
2. Keep the existing registration requirements and apply a nominal
fee (e.g., $25) for each facility or geographic location from which a
registered person (i.e., a company) offers for transportation, or
transports, certain hazardous materials.
3. Modify assignment of the registration fee and/or amount based on
the commensurate hazard posed (e.g., shipping Packing Group I materials
vs. Packing Group III materials) \6\ or risk profile (e.g., frequent
vs. infrequent shipments).
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\6\ Packing group means a grouping according to the degree of
danger presented by hazardous materials. Packing Group I indicates
great danger; Packing Group II, medium danger; Packing Group III,
minor danger.
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4. Expand the registration requirements--for example, certain
hazardous materials are not subject to placarding when shipped
domestically, and therefore a person who offers for transportation, or
transports, these materials are generally exempt from registration--but
could be expanded with appropriate risk-based justifications.
5. Expand the registration fee requirements to include certain
persons who acquire approvals or special permits from PHMSA that
otherwise are not subject to registration, but which should be based on
a public risk-based justification.
If Congress allows an increase in the maximum fee, PHMSA is
considering the following options for comment:
1. Maintain the current maximum registration fees and create an
upper tier of a higher fee for a certain category of very large
businesses. If this approach is preferred, how should PHMSA define a
``very large business?'' Specifically, what risk factors should go into
determining a very large business classification, to better account for
market-based risks to the public as well as equity factors between
applicants.
2. Change the registration requirements to reduce the overall
number of registrants.
3. Keep the existing registration requirements and raise the
registration
[[Page 57863]]
fee for large businesses from $2,575 to a dollar value below the
Congressionally authorized maximum fee (e.g., if the maximum allowed
were increased from $3,000 to $5,000).
4. Raise fees for specific business types, classes of material, or
commodities (e.g., poisonous by inhalation material), which are
considered extremely high risk.
Registration Fee Equity
PHMSA may initiate a research effort to develop a methodology that
could replace the existing two-tier registration structure with a more
equitable system. This action would help address transportation equity
by basing the fee structure on the amount of risk introduced into the
transportation system by an entity. This work would build on the
questions above (i.e., if registration fees remain at a maximum $3,000
per year). While PHMSA considers initiating this research effort, PHMSA
does have two related questions that may help us determine the
potential scope and how to formulate the research effort:
1. What risk factors of transporting hazardous materials should
PHMSA consider?
2. What data or information is available to support the choice of
these risk factors and methodology? Please provide all data or
information you would like PHMSA to consider.
As noted above, PHMSA seeks comment on each of these questions and
proposals, as well as any additional options not included in the above-
outlined discussions.
Issued in Washington, DC, on September 15, 2022, under the
authority delegated in 49 CFR 1.97.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2022-20350 Filed 9-21-22; 8:45 am]
BILLING CODE 4910-60-P
