[Federal Register: December 7, 2000 (Volume 65, Number 236)]
[Proposed Rules]
[Page 76889-76894]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de00-22]
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Part VIII
Department of Transportation
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Research and Special Programs Administration
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49 CFR Part 107
Hazardous Materials: Temporary Reduction of Registration Fees; Proposed
Rules
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Part 107
[Docket No. RSPA-00-8439 (HM-208D)]
RIN 2137-AD53
Hazardous Materials: Temporary Reduction of Registration Fees
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: Because there is an unexpended balance in the Hazardous
Materials Emergency Preparedness grants fund, RSPA proposes to
temporarily lower the registration fees paid by persons who transport
or offer for transportation in commerce certain categories and
quantities of hazardous materials. RSPA also proposes to require all
not-for-profit organizations to pay the same registration fee as a
small business and to refer to the size standards in the North American
Industry Classification System (NAICS) as the criteria for a small
business.
DATES: Comments must be received by February 2, 2001.
ADDRESSES: Submit written comments to the Dockets Management System,
U.S. Department of Transportation, Room PL 401, 400 Seventh St., SW.,
Washington, DC 20590-0001. You must identify the docket number, RSPA-
00-8439 (HM-208D) at the beginning of your comments and submit two
copies. If you wish to receive confirmation of receipt of your
comments, include a self-addressed stamped postcard. You may also
submit comments by e-mail by accessing the Dockets Management System
website at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov. Click on ``Help & Information'' to
obtain instructions for filing the document electronically.
The Dockets Management System is located on the Plaza Level of the
Nassif Building at the U.S. DOT at the above address. You can view
public dockets between the hours of 9:00 a.m. and 5:00 p.m., Monday
through Friday, except federal holidays. You can also view comments on-
line at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Mr. David Donaldson, Office of
Hazardous Materials Planning and Analysis, (202) 366-4484, or Ms.
Deborah Boothe, Office of Hazardous Materials Standards, (202) 366-
8553, Research and Special Programs Administration, U.S. Department of
Transportation, 400 Seventh Street, SW, Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background and Summary of Proposal
Since 1992, RSPA has conducted a national registration program for
persons engaged in the offering for transportation or transporting
certain categories and quantities of hazardous materials in intrastate,
interstate, or foreign commerce. This program is carried out under the
mandate in 49 U.S.C. 5108 and the authority delegated to RSPA at 49 CFR
1.53(b)(1). The purposes of the registration program are to (1) gather
information about the transportation of hazardous material and (2) fund
the Hazardous Materials Emergency Preparedness (HMEP) grants program
which supports hazardous material emergency response planning and
training activities by States, local governments, and Indian tribes and
related activities. See 49 U.S.C. 5018(b), 5116.
Until 2000, the annual registration fee was set at the minimum
level of $250 provided in the statute (plus a processing fee of $50),
and the requirement to register applied only to those persons offering
or transporting the categories and quantities for which registration
was required by the law. 49 U.S.C. 5108(g)(2)(A). In each of the eight
registration years from 1992-1993 through 1999-2000, RSPA received
approximately 27,000 registration statements and an average of $6.8
million to support the HMEP grants program, or less than 50% of the
total $14.3 million intended by Congress for training and planning
grants and grant-related activities. See the discussion in the final
rule published February 14, 2000 in Docket No. HM-208C (RSPA-99-5137),
65 FR 7297, 7299. In order to increase the funds collected from the
registration program for the registration years beginning with 2000-
2001, in the February 14, 2000 final rule, RSPA (1) expanded the
requirement to register to all persons who offer for transportation or
transport hazardous materials required to be placarded (with a limited
exception for farmers), and (2) adopted a two-tiered fee schedule of
$275 (plus a $25 processing fee) for persons meeting criteria of the
U.S. Small Business Administration (SBA) for a ``small business,'' and
$1,975 (plus a $25 processing fee) for all other registrants. RSPA also
allowed registration for one, two or three years under a single
registration statement. 65 FR at 7309-10.
RSPA estimated that, by requiring persons to register if they offer
for transportation or transport hazardous materials required to be
placarded, the total number of registrants would increase to a number
in the range of 42,000 to 45,000. 65 FR at 7308. Based on the
registrations to date, RSPA now estimates that a total of approximately
40,000 persons will register for the 2000-2001 registration year, and
that the number of registrants may increase slightly in the future.
Based on a careful review of census data concerning establishments
identified by Standard Industrial Classification (SIC) Codes
corresponding to operations involving the likely manufacture,
distribution, or sale (wholesale and retail) of hazardous materials,
RSPA estimated that about 1,500 (3%) of the shippers, carriers, and
offerors of hazardous materials would not qualify as a SBA small
business. 65 FR at 7304. However, to date, approximately 5,800 (or more
than 15%) of the registrants for the 2000-2001 registration year have
paid the higher $2,000 fee applicable to persons who are not small
businesses.
As a result of the much greater than anticipated number of persons
paying the higher registration fee applicable to larger businesses,
RSPA has collected more than $21 million in registration fees. (This
total includes registration fees received since October 1, 1999 for
prior registration years, but it does not include the fees paid for
future registration years, 2001-2002 and 2002-2003.) In addition,
another $1.5 million is available in the account established under 49
U.S.C. 5116(i) to fund the HMEP grants and related activities primarily
from funds not used by States. Because the current annual grants
program obligations are limited to the $14.3 million designated by
Congress, this leaves a surplus (or unexpended balance) of
approximately $8.5 million in the account established under section
5116(i). The law requires DOT to adjust the amount of the annual
registration fee ``to reflect any unexpended balance in the account
established under section 5116(i),'' but it does not require refunds if
there is a surplus in that account. 49 U.S.C. 5116(g)(2)(B).
For the reasons discussed below, RSPA is proposing to lower the
registration fee for all registrants for the next six registration
years (2001-2002 through 2006-2007) in order to eliminate the
unexpended balance (or surplus) in the HMEP grants fund. During this
period, small businesses and non-profit organizations (regardless of
their size) would pay $250 (plus a $25 processing fee), and all other
persons required to register would pay $475
[[Page 76891]]
(plus a $25 processing fee). Any person who has already registered for
future registration years (2001-2002 and 2002-2003) would receive a
refund of the excess paid for those future registration years. RSPA is
also proposing to amend its reference to the SBA small business
criteria to reflect SBA's recent replacement of the Standard Industrial
Classification (SIC) code system with the North American Industry
Classification System (NAICS). In addition, RSPA proposes to allow
payment by additional credit cards than previously authorized.
II. Temporarily Reducing the Registration Fees
As explained more fully in a preliminary regulatory evaluation
placed in the public docket, RSPA has considered the following
alternatives for temporarily adjusting the registration fees in
accordance with 49 U.S.C. 5108(g)(2)(B):
(1) Temporarily reduce the registration fee for all persons
required to register.
(2) Temporarily reduce the registration fee for those persons who
do not meet the SBA's criteria for a small business.
(3) Temporarily reduce the fee to eliminate the surplus and
establish a permanent fee for future years.
(4) Revise the registration criteria by temporarily eliminating the
requirement that all persons who offer for transportation or transport
hazardous materials required to be placarded be registered.
(5) Provide a refund or a credit for future registrations.
(6) Temporarily revise the fee structure so that everyone pays the
same fee.
We invite comments from interested parties on these alternatives,
the most appropriate time period, and other possible methods for
eliminating the unexpended balance in the HMEP grants fund. All
comments should be as detailed as possible with estimates of the total
amount that would be collected based on the number of registrants and
the registration fee.
In the final rule in Docket No. HM-208C, we concluded that the
registration program should: (1) Be simple, straightforward, and easily
implemented and enforced; (2) employ an equity factor that reflects the
differences between the risk imposed on the public by the business
activities of large and small businesses; (3) ensure the adequacy of
funding for the HMEP grants program; and (4) be consistent with the
law. See 65 FR at 7303. We found that the most appropriate way to meet
these objectives was to expand the category of persons required to
register to include all persons who offer for transportation or
transport hazardous materials that require placarding (with a limited
exception for farmers) and to adopt a two-tiered fee schedule under
which persons meeting the SBA criteria for defining a small business
would pay a lower fee than larger businesses.
For all the reasons discussed in the February 14, 2000 final rule,
we still believe that these findings and conclusions are justified and
should be followed in adjusting registration fees to reflect the
unexpended surplus in the HMEP grants fund. All persons who offer or
transport in commerce a quantity of hazardous materials that requires
placarding should be required to register and pay a registration fee.
It would not be appropriate to revert to a ``flat'' fee for all
registrants, unless the number of registrants increases to a level that
$14.3 million would be collected by charging all registrants the
minimum $250 fee. So long as there is a significant unexpended balance
in the HMEP grants fund, any person that is a small business should pay
the minimum $250 fee. We have also concluded that all non-profit
organizations, regardless of their size, should pay the same lower
registration fee as paid by those for profit businesses meeting the SBA
criteria for a small business, as explained in Section III. The SBA
size criteria are the most appropriate for determining a small business
and, as discussed in Section IV, we propose to replace our reference to
SIC codes with a reference to NAICS because SBA recently changed its
regulations in this regard.
With a two-tier fee system and approximately 40,000 registrants, it
will take more than one year to eliminate the unexpended balance in the
HMEP fund. Stretching this process over several years also will give
RSPA better information on how many persons are required to register
and whether a substantial number of registrants have paid the larger
(non-small business) fee by mistake. Therefore, RSPA is proposing to
eliminate the unexpended balance over six years, by reducing the
registration fees for all registrants by amounts that will enable RSPA
to collect approximately $12.8 million in registration fees in each of
the next six registration years. (This assumes that RSPA will continue
to collect $1.3 million per year in prior year registrations.) In other
words, registration fees would be set at amounts that would produce an
annual deficit of approximately $1.5 million from the $14.3 million
authorized for HMEP grants and related purposes (i.e., $14.3 million -
$1.5 million = $12.8 million in annual collections). This would be
accomplished by lowering the annual registration fee, for six years,
to:
--$250 (plus a $25 processing fee) for persons who meet the definition
of a small business or a not-for-profit entity, and
--$475 (plus a $25 processing fee) for all other persons who are
required to register.
In response to requests from industry, in the February 14, 2000
final rule in Docket No. HM-208C, RSPA provided that a person could
register for up to three years in one registration statement. 49 CFR
107.612(c), 65 FR at 7309-10. To date, approximately 5,000 persons have
elected to register for multiple years. If RSPA lowers the registration
fee for the 2001-2002 and 2002-2003 registration years, each person who
has already registered for one or both of those years at the higher fee
level will receive a refund of the difference.
Though RSPA is temporarily lowering the registration fees for six
years, we realize that a permanent change may be required after the
surplus is expended. RSPA is not making a permanent change to the
registration fees at this time because of uncertainty in the final
registration numbers in terms of total registrants and the percentage
of large and small businesses. Instead, within three years, RSPA will
reevaluate the registration fee levels to determine what changes are
needed in future years based on any remaining surplus, changes in the
number of registrants, the number of registrants that are not a small
business, and other relevant factors.
III. Not-for-Profit Organizations
The SBA criteria for small business size standards apply to
business entities organized for profit. 13 CFR 121.105(a). Therefore,
non-profit organizations do not technically qualify as a small
business. RSPA decided for registration purposes to apply SBA size
criteria for appropriate SIC Codes to non-profit organizations.
However, nearly all of the non-profit organizations that are currently
registered, which are mostly educational institutions and hospitals,
exceed the SBA size standards for a small business. Because non-profit
organizations generally are operated for educational, religious,
charitable and other similar purposes, RSPA is interested in helping
them to minimize their costs of operation. Accordingly, for
registration year 2001-2002 and thereafter, RSPA is proposing to
establish the fee level for a non-profit
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organization at the same level as for a small business operated for a
profit, i.e., $250.00 (plus a $25 processing fee) for the next six
registration years, and $275 (plus a $25 processing fee) thereafter.
RSPA is proposing to define a not-for-profit organization as an
organization exempt from taxation under 26 U.S.C. 501(a). RSPA is
asking for comments on the appropriateness of this definition, in
particular as to whether this definition is broad enough or there is a
more appropriate definition that RSPA should adopt.
IV. Definition of a Small Business
In the February 14, 2000 final rule in Docket No. HM-208C, RSPA
referenced SBA's size standards as they existed at that time, which
were based on the SIC code system. At that time, RSPA noted that SBA
had proposed to change from SIC codes to the NAICS, and we indicated
that this change should not result in many instances in which an entity
would lose its status as a small business. 65 FR at 7304.
On May 15, 2000, SBA published a final rule in the Federal Register
that adopted a new table of small business size standards for
industries as defined in NAICS. 65 FR 30836. SBA published a corrected
table in the Federal Register on September 5, 2000, which became
effective on October 1, 2000. 65 FR 53533. Our further review of the
SIC codes and NAICS confirms our earlier conclusion that very few
entities would lose their small business status; however, we invite
comments on the effect of changing from SIC codes to NAICS.
Accordingly, for registration year 2001-2002 and thereafter, RSPA is
proposing to change the reference in 49 CFR 107.612 from the SIC code
system to NAICS to correspond to the current SBA regulations.
A list of size criteria under NAICS is provided on the SBA Internet
site at: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.sba.gov/size/NAICS-matched-with-size-stds-umbrella.htm.
A keyword search engine for NAICS is provided by the U.S. Census
Bureau at its Internet site at:
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.census.gov/epcd/naics/framesrc.htm.
Additional information on NAICS, including tables showing the
correspondences between the two numbering systems is provided at:
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.census.gov/epcd/www/naics.html.
Registrants unfamiliar with NAICS should find these sites useful in
determining the appropriate code.
V. Petition from the Petroleum Marketers Association of America
(PMAA)
On October 12, 2000 we received a Petroleum Marketers Association
of America (PMAA) petition (P-1405) asking that intrastate marketers of
petroleum and heating oil whose activities are within SIC codes 5171,
5172, and 5983 be excepted from the requirement to register and that
the registration fee for all interstate carriers be reduced to the
minimum $250. In accordance with 49 CFR 106.33(c), RSPA denies PMAA's
petition.
In its petition, a copy of which is made part of this docket, PMAA
stated that it continues to believe that a ``clear reading'' of the
statute exempts intrastate carriers. PMAA states that ``commerce'' is
defined as ``trade or transportation in the jurisdiction of the United
States between a place in a State and a place outside of the State; or
that affects trade or transportation between a place in a State and
place outside of the State.'' (49 U.S.C. Sec. 5102(1)(A)(B)). PMAA
contends that, ``in this section, it seems Congress has defined
``commerce'' as interstate operations to which the fee applies.'' PMAA
also states that the ``hazardous materials (hazmat) transportation
program was designed to allow interstate carriers to travel between
states without paying each state's hazmat fee and was designed to
preempt state taxes.'' PMAA stated that RSPA will still be able to meet
its HMEP grants funding levels if it maintains the two-tiered fee
system and removes petroleum marketers from the registration program.
RSPA disagrees with PMAA's statements that Congress intended ``to
include only interstate carriers in the hazardous materials fee
program'' and that ``the overfunding resulting from this extension to
small, local carriers of propane, diesel and heating oil ensured
overfunding of the program.'' In the July 9, 1992 final rule in Docket
No. HM-208, RSPA found that the registration provisions now set forth
in 49 U.S.C. 5108(a)
make no distinction between interstate and intrastate carriers and
shippers of hazardous materials. Further, it would be illogical to
presume that intrastate offerors and carriers are excepted from the
registration program when they will be primary recipients of the
enhanced emergency response capabilities derived from the national
emergency response training and planning grant program for States
and local governments. 57 FR at 30622.
Moreover, RSPA has received registration statements from only about
3,900 persons in the three SIC codes specified in PMAA's request. This
represents less than $1.1 million in registration fees (not including
the $25 processing fee), or a small fraction of the unexpended balance
in the HMEP fund (assuming that all these persons are ``small, local
carriers of propane, diesel and heating oil'' as characterized by
PMAA). PMAA's separate suggestion that ``all interstate carriers''
should pay only the $250 minimum registration fee conflicts with RSPA's
finding that the amount of the fee should not be the same for small and
other than small businesses.
PMAA's statement that interstate carriers are somehow insulated
from paying ``each state's hazmat fee'' or ``state income or other
local taxes'' seems to ignore the fact that the registration program
under 49 U.S.C. 5108 ``has no preemptive effect'' on the ability of
``States, local governments or Indian tribes to impose their own fees
or registration or permit requirements on interstate, intrastate or
foreign offerors or carriers of hazardous materials.'' 57 FR at 30626.
Preemption of non-Federal hazardous material registration or permit
requirements is governed by the criteria set forth in 49 U.S.C. 5125.
VI. Rulemaking Analysis and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This proposed rule, if adopted, would not be considered a
significant regulatory action under section 3(f) of Executive Order
12866 and, therefore, was not subject to formal review by the Office of
Management and Budget. This proposed rule is not considered significant
under the Regulatory Policies and Procedures of the Department of
Transportation (44 FR 11034). RSPA has prepared a preliminary
regulatory evaluation which is available for review in the public
docket.
B. Executive Order 13132
This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132
(``Federalism''). The registration requirements do not impair the
ability of States, local governments, or Indian tribes to impose their
own fees or registration or permit requirements on persons who offer or
transport hazardous materials in commerce. RSPA encourages States,
local governments, and Indian tribes to adopt and enforce requirements
in the HMR and the Federal registration requirement, in order to
enhance compliance with a nationally uniform set of regulations on the
transportation of hazardous materials.
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The consultation and funding requirements of Executive Order 13132
do not apply because this proposed rule would not adopt any regulation
that:
(1) Has substantial direct effects on the States, the relationship
between the national government and the States, or the distribution of
power and responsibilities among the various levels of government;
(2) Imposes substantial direct compliance costs on State and local
governments; or
(3) Preempts state law.
C. Executive Order 13084
This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13084
(``Consultation and Coordination with Indian Tribal Governments'').
Because this proposed rule does not significantly or uniquely affect
the communities of the Indian tribal governments and does not impose
substantial direct compliance costs, the funding and consultation
requirements of Executive Order 13084 do not apply.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601-611) requires each
agency to analyze proposed regulations and assess their impact on small
businesses and other small entities to determine whether the proposed
rule is expected to have a significant impact on a substantial number
of small entities.
In the February 14, 2000 final rule in Docket No. HM-208C, RSPA
certified that that final rule did affect a significant number of small
entities, but that the economic impact on these small entities will not
be significant. 65 FR at 7308-7309. This proposed rule affects the same
small entities that Docket HM-208C did and, therefore, this proposed
rule would affect a significant number of small entities. See 65 FR at
7307. Although this proposed rule is providing a $25 reduction in the
combined annual fee that small businesses must pay, that reduction does
not constitute a significant economic impact on a substantial number of
small entities. Therefore, RSPA certifies that this proposed rule would
not have a significant economic impact on a substantial number of small
entities.
E. Unfunded Mandates Reform Act of 1995
This proposed rule would not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It would not, if adopted, result
in costs of $100 million or more, in the aggregate, to any of the
following: State, local, or Native American tribal governments, or the
private sector.
F. Paperwork Reduction Act
Under 49 U.S.C. 5108(i), reporting and recordkeeping requirements
pertaining to the registration rule are specifically excepted from the
information management requirements of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.).
G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document may be used to cross-reference this action with the
Unified Agenda.
List of Subjects in 49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Packaging and containers, Penalties, Reporting and
recordkeeping requirements.
In consideration of the foregoing, 49 CFR Chapter I is proposed to
be amended as follows:
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
1. The authority citation for part 107 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127, 44701; Sec. 212-213, Pub. L.
104-121, 110 Stat. 857; 49 CFR 1.45, 1.53.
2. In Sec. 107.612, paragraph (b) is revised and new paragraphs (c)
and (d) are added to read as follows:
Sec. 107.612 Amount of fee.
* * * * *
(b) Registration year 2000-2001. For the registration year 2000-
2001, each person subject to the requirements of this subpart must pay
an annual fee as follows:
(1) Small business. Each person that qualifies as a small business,
under criteria specified in 13 CFR part 121 in effect prior to October
1, 2000 (see 13 CFR revised as of January 1, 1999), applicable to the
standard industrial classification (SIC) code that describes that
person's primary commercial activity, must pay an annual fee of $275
and the processing fee required by paragraph (b)(3) of this section.
(2) Other than a small business. Each person that does not meet the
criteria specified in paragraph (b)(1) of this section must pay an
annual fee of $1,975 and the processing fee required by paragraph
(b)(3) of this section.
(3) Processing fee. The processing fee is $25 for each registration
statement filed. A single statement may be filed for one, two, or three
registration years as provided in Sec. 107.616(c).
* * * * *
(c) Registration years 2001-2002 through 2006-2007. For
registration years 2001-2002, 2002-2003, 2003-2004, 2004-2005, 2005-
2006, and 2006-2007, each person subject to the requirements of this
subpart must pay an annual fee as follows:
(1) Small business. Each person that qualifies as a small business,
under criteria specified in 13 CFR part 121 in effect on or after
October 1, 2000, applicable to the North American Industry
Classification System (NAICS) that describes that person's primary
commercial activity, must pay an annual fee of $250 and the processing
fee required by paragraph (c)(4) of this section.
(2) Not-for-profit organization. Each not-for-profit organization
must pay an annual fee of $250 and the processing fee required by
paragraph (c)(4) of this section. A not-for-profit organization is an
organization exempt from taxation under 26 U.S.C. 501(a).
(3) Other than a small business or a not-for-profit organization.
Each person that does not meet the criteria specified in paragraph
(c)(1) or (c)(2) of this section must pay an annual fee of $475 and the
processing fee required by paragraph (c)(4) of this section.
(4) Processing fee. The processing fee is $25 for each registration
statement filed. A single statement may be filed for one, two, or three
registration years as provided in Sec. 107.616(c).
(d) Registration years 2007-2008 and following. For each
registration year beginning with 2007-2008, each person subject to the
requirements of this subpart must pay an annual fee as follows:
(1) Small business. Each person that qualifies as a small business,
under criteria specified in 13 CFR part 121 in effect on or after
October 1, 2000, applicable to the North American Industry
Classification System (NAICS) that describes that person's primary
commercial activity, must pay an annual fee of $275 and the processing
fee required by paragraph (d)(4) of this section.
(2) Not-for-profit organization. Each not-for-profit organization
must pay an annual fee of $275 and the processing fee required by
paragraph (d)(4) of this section. A not-for-profit organization is an
organization exempt from taxation under 26 U.S.C. 501(a).
[[Page 76894]]
(3) Other than a small business or not-for-profit organization.
Each person that does not meet the criteria specified in paragraph
(d)(1) or (d)(2) of this section must pay an annual fee of $1,975 and
the processing fee required by paragraph (d)(4) of this section.
(4) Processing fee. The processing fee is $25 for each registration
statement filed. A single statement may be filed for one, two, or three
registration years as provided in Sec. 107.616(c).
3. In Sec. 107.616, paragraph (b) is revised to read as follows:
Sec. 107.616 Payment procedures.
* * * * *
(b) Payment must be made by certified check, cashier's check,
personal check, or money order in U.S. funds and drawn on a U.S. bank,
payable to the U.S. Department of Transportation and identified as
payment for the ``Hazmat Registration Fee'' or by a credit card
authorization completed and signed on the registration statement.
* * * * *
Issued in Washington, DC, on December 1, 2000, under authority
delegated in 49 CFR Part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 00-31044 Filed 12-6-00; 8:45 am]
BILLING CODE 4910-60-P