[Federal Register Volume 75, Number 145 (Thursday, July 29, 2010)]
[Notices]
[Pages 44841-44842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18652]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
Hazardous Materials: Special Permits and Approvals--Minimum Level
of Fitness Determinations; Public Meeting
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice of public meeting.
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SUMMARY: This notice is to advise interested persons that PHMSA will
conduct a public meeting to discuss Special Permit and Approval
applicant fitness determinations. PHMSA will hold a public meeting on
August 19, 2010, in Washington, DC, to provide interested persons with
an opportunity to submit oral comments and participate in discussions
concerning the criteria used when determining an applicant's minimum
level of fitness.
DATES: Public Meeting: August 19, 2010; starting at 9:30 a.m. and
ending by 3:30 p.m.
ADDRESSES: Public Meeting: The meeting will be held at the U.S. DOT
Headquarters, West Building, 1200 New Jersey Avenue, SE., Washington,
DC 20590. The main visitor's entrance is located in the West Building,
on New Jersey Avenue and M Street. Upon entering the lobby, visitors
must report to the security desk. Visitors should indicate that they
will be attending the Special Permit and Approval Applicant Fitness
Determinations Public Meeting and wait to be escorted to the meeting
location.
Notification: Any person wishing to participate in the public
meeting should send an e-mail to [email protected] and include their
name and contact information (Organization/Address/Telephone Number) no
later than the close of business on August 16, 2010. Providing this
information will facilitate the security screening process for entry
into the building on the day of the meeting.
Conference Call Capability/Live Meeting Information: Conference
call-in and ``live meeting''capability will be provided for this
meeting. Specific information on the call-in and live meeting access
will be posted when available at: http://www.phmsa.dot.gov/hazmat.
Documentation: Copies of documents for the Minimum Level of Fitness
public meeting and the meeting agenda will be posted when available at:
http://www.phmsa.dot.gov/hazmat.
FOR FURTHER INFORMATION CONTACT: Mr. Arthur Pollack, Office of
Hazardous Materials Special Permits and Approvals, Office of Hazardous
Materials Safety, Department of Transportation, Washington, DC 20590;
(202) 366-4512 and [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The Pipeline and Hazardous Materials Safety Administration (PHMSA)
has the primary responsibility for the issuance of DOT Special Permits
and Approvals to the Hazardous Materials Regulations (HMR). A Special
Permit is a document which authorizes a person to perform a function
that is not currently authorized under the authority of the HMR. In
addition, some activities under the HMR are only authorized when
approved by PHMSA. Approvals are required when classifying explosives,
fireworks, organic peroxides, and self-reactive materials. Approvals
are also required for certain package design types and for persons
performing certain activities requiring approval (e.g., visual cylinder
re-qualifiers). An Approval document can only be issued if there is a
specific approval citation in the HMR.
Under 49 CFR 107.709(d) PHMSA may only grant an approval after
determining that an applicant is fit to conduct the activity authorized
by the approval, or renewal or modification of approval. PHMSA may
determine an applicant's fitness through the information provided in
the application, the applicant's prior compliance history, or other
information that is available to the Associate Administrator. The first
step in evaluating an application, regardless of the approval type, is
to conduct an initial level of fitness review. PHMSA uses the Hazmat
Intelligence Portal (HIP) and Safety and Fitness Electronic Records
(SAFER) in determining an applicants' initial fitness.
[[Page 44842]]
Hazmat Intelligence Portal (HIP)
The Hazmat Intelligence Portal (HIP) provides an integrated
information source to identify hazardous material safety trends through
the analysis of incident and accident information. This information
repository supports all transportation modes, data analysts, field
inspectors, and team leaders. HIP includes several hazardous materials
data points (e.g., Incidents from the 5800 report, PHMSA registrations,
approvals, cargo tank registrations, EPA toxic release inventory,
inspection/reviews, NRC incidents, one time movements, penalties, PHMSA
complains, RAM certifications, USCG releases, and violations). HIP data
is organized on customized Dashboards to provide data pertinent to the
mode, agency, office or group utilizing the system. The Dashboards are
customized for each user or user group. HIP is not searchable by the
general public due to privacy concerns.
Safety and Fitness Electronic Records (SAFER)
FMCSA's SAFER System provides company safety data and related
services to the industry and public. SAFER's Company Snapshot is an
electronic record of a carrier's identification, size commodity
information, and safety records, including the safety rating (if any),
a roadside out-of-service inspection summary, and crash information.
SAFER is publicly searchable and can be found at: http://safer.fmcsa.dot.gov/CompanySnapshot.aspx
Criteria Used by PHMSA in Determining Initial Fitness
The following criteria are currently used by PHMSA when determining
minimum level of fitness. Applicants that fall below the following
criteria are considered fit. Applicants that meet one or more of the
following criteria require further review by Field Operations. Note:
These Applicants are not considered unfit.
HIP:
--Incidents Criteria
More than 30 total hazardous materials incidents involving 172.504
table 2; or
More than one serious hazardous materials incident.
--Civil Cases Criteria
Four civil enforcement cases;
Four warning letters;
A combination totaling four civil enforcement cases and/or warning
letters; or
Any open cases.
SAFER:
--Motor Carrier Safety Rating of ``unsatisfactory'';
--HazMat out-of-service percentage greater than the national average;*
--Driver out-of-service percentage greater than two times the national
average;*
--Vehicle out-of-service percentage greater than two times the national
average.*
* Note that if the Applicant has been inspected less than ten times
or the Applicant has only one out-of-service, the data should not be
considered statistical significant and the Applicant will not be
considered in need of further review.
II. Purpose of Public Meeting
The August 19, 2010 meeting is intended to provide an opportunity
for all interested parties to comment on the aspects of the Minimum
Level of Fitness Determination criteria. During this meeting, PHMSA is
soliciting comments relative to the use of HIP and SAFER data,
applicability of the data, criteria used in determining an applicant's
minimum level of fitness, potential alternative sources of fitness
data, and other appropriate matters.
Issued in Washington, DC under authority delegated in 49 CFR
part 1.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2010-18652 Filed 7-28-10; 8:45 am]
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