U.S. DOT/RSPA - Notice of Proposed Rulemaking

Before the U.S. DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION July 3, 2002 WASHINGTON, DC Docket RSPA 02-12064 (HM-232) "Hazardous Materials: Security Requirements for Offerors and Transporters of Hazardous Materials (67FR 22028; May 2, 2002) Comments by Commercial Vehicle Safety Alliance 5430 Grosvenor Lane, Suite 130 Bethesda, MD 20814 www.cvsa.org I. INTRODUCTION The Commercial Vehicle Safety Alliance (CVSA) submits these comments in response to the Research and Special Programs Administration's (RSPA) Notice of Proposed Rulemaking (NPRM) Docket RSPA 02-12064 (HM-232) "Hazardous Materials: Security Requirements for Offerors and Transporters of Hazardous Materials (67FR 22028; May 2, 2002). Established in 1981, CVSA works to improve commercial vehicle safety on the highways by bringing federal, state, and provincial truck and bus enforcement agencies together with representatives from industry in the United States, Canada, and Mexico. Every state in the U.S., all Canadian provinces, the country of Mexico, and all U.S. Territories and Possessions have signed on as members of CVSA. The mission of the Alliance is to achieve uniformity and reciprocity of commercial vehicle roadside inspections and other enforcement activities throughout North America. CVSA achieves its mission by promoting effective motor carrier, driver, vehicle, and cargo safety standards and enforcement practices, including those relative to the transportation of hazardous materials. While CVSA generally supports RSPA's efforts to promote hazardous materials transportation security, we believe that the proposals set forth in HM-232 do not go far enough. Specifically: 1. The RSPA registration system has no basis in safety; rather, it is merely a fee-collection mechanism used to fund the grants-to-states program authorized in section 5116 of the Hazardous Materials Transportation Law (HMTL) [49 U.S.C. 5116]; and 2. The documentation requirements in 49 CFR section 107.620(c) should be standardized in order to promote uniformity of enforcement. These concerns will be discussed in more detail below. II. COMMENTS A. Issue: The RSPA registration system has no basis in safety or security. Discussion: The regulations set forth in 49 CFR Part 107 subpart G "The Registration of Persons Who Offer or Transport Hazardous Materials," (RSPA registration system) have never been used to measure the safety or security of a motor carrier while transporting hazardous materials. As set up, it is possible for anyone to complete and submit an application, pay their fees, and register as a hazardous materials offeror or transporter. Because there is no safety or security check performed by RSPA upon receipt of the application and fees, and the registration certificate is issued, the program has been considered by law enforcement to be a mere funding mechanism for the Grants-to-States program authorized by the HMTL. The proposals contained in the present NPRM do nothing to change this. In order for the RSPA registration system to be used to measure hazmat transportation security, RSPA must first refine the present program to include checks and balances on who actually receives a registration certificate. Until that happens, the only bit of information conveyed to law enforcement officers at roadside is that the motor carrier, whose vehicle is stopped, did register with RSPA and paid the appropriate fees. Recommendation: CVSA respectfully suggests that the registration program be used, in its present state and as proposed, for the purpose for which the original program was intended, and not be used to assess the security of hazardous materials being transported on our Nation's highways. If the registration certificate and corresponding registration number are presented as a security certification, roadside inspection officers may incorrectly assume that the possession of a registration certificate equates to a thoroughly investigated and…

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