Hazardous Materials Pilot Ticketing Program; Extension of Comment Period

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 107

[Docket No. HM-207E, Notice No. 95-14]

RIN 2137-AC70

Hazardous Materials Pilot Ticketing Program; Extension of Comment

Period

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

ACTION: Proposed rule; Extension of comment period.

-----------------------------------------------------------------------

SUMMARY: On August 21, 1995, RSPA published a notice of proposed

rulemaking (NPRM) in the Federal Register which invited public comment

on a proposal to implement a pilot program for ticketing of certain

hazardous materials transportation violations [Docket HM-207E, Notice

95-10, 60 FR 43430]. Under the program, RSPA would issue tickets for

violations that do not have substantial impacts on safety. RSPA has

received a request

[[Page 53730]]

from the Hazardous Materials Advisory Council (HMAC) seeking an

extension of the comment period in order to have more time to evaluate

the proposals contained in the NPRM. RSPA concurs with this request and

is extending the comment period by 30 days.

DATES: Comments must be received by November 20, 1995.

ADDRESSES: Address comments to Dockets Unit (DHM-30), Hazardous

Materials Safety, RSPA, U.S. Department of Transportation, Washington,

DC 20590-0001. Comments should identify the docket and notice number

and five copies should be submitted, when possible. Persons wishing to

receive confirmation of receipt of their comments should include a

self-addressed, stamped postcard. The Dockets Unit is located in Room

8421 of the Nassif Building, 400 Seventh Street, SW, Washington, D.C

20590-0001. Office hours are 8:30 am to 5:00 pm, Monday through Friday,

except on public holidays when the office is closed.

FOR FURTHER INFORMATION CONTACT: John J. O'Connell, Jr., Director,

Office of Hazardous Materials Enforcement, (202) 366-4700; or Edward H.

Bonekemper, III, Office of the Chief Counsel, (202) 366-4400, Research

and Special Programs Administration, U.S. Department of Transportation,

400 Seventh Street SW, Washington DC 20590-0001.

SUPPLEMENTARY INFORMATION: On August 21, 1995, RSPA published a notice

of proposed rulemaking (NPRM) in the Federal Register which invited

public comment on a proposal to implement a pilot program for ticketing

of certain hazardous materials transportation violations [Docket HM-

207E, Notice 95-10, 60 FR 43430]. Under the program, RSPA would issue

tickets for violations that do not have substantial impacts on safety.

These violations may include, among others, operating under an expired

exemption, failing to register, failing to maintain training records,

and failing to file incident reports. Procedures under this pilot

program would be less complicated than current procedures for civil

penalty actions, and penalties would be substantially reduced for

persons who elect to pay the amounts assessed in the tickets.

HMAC, in its request for extension of the comment period, cited the

broad effect of this proposal upon industry and how it would directly

impact the enforcement process if implemented. HMAC believed a 30-day

extension of the comment period would provide industry a reasonable

amount of time to more fully consider the implications of the proposal.

RSPA agrees additional time should be allowed and is granting an

extension of 30 days for submitting comments.

Issued in Washington, DC on October 11, 1995, under authority

delegated in 49 CFR part 106, appendix A.

Robert A. McGuire,

Acting Associate Administrator for Hazardous Materials Safety.

[FR Doc. 95-25680 Filed 10-16-95; 8:45 am]

BILLING CODE 4910-60-P