
[Federal Register: July 29, 2010 (Volume 75, Number 145)]
[Notices]               
[Page 44841-44842]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy10-101]                         

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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 approvals@dot.gov 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 arthur.pollack@dot.gov.

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]
BILLING CODE 4910-60-P

