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PHMSA Increases Registrations Fees for Hazardous Materials – Eff. July 1, 2010

On March 30, 2010, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a Final Rule in the Federal Register (pp 15613-20) increasing Hazardous Materials Registration fees; however, small businesses and not-for-profit organizations exempt from taxation under 26 USC 501(a) will not be affected.  The fee increase will fully fund approximately $28.3 million a year towards PHMSA’s Hazardous Materials Emergency Preparedness Grants Program, which provides grants to states and Indian tribes for hazardous materials (hazmat) emergency response planning and training; and to certain professional organizations for training purposes; and for related assistance, including the revision, publication, and distribution of the North American Emergency Response Guidebook.  These grants help to prepare emergency personnel to respond to hazmat incidents.  By law, 75 percent of Federal grant monies awarded to states must be further distributed to local emergency response and planning agencies.

                                                                                    

A person, as defined by the Federal hazmat transportation law, must register with PHMSA if it offers or transports in intrastate, interstate, or international commerce any of the following materials:

 

A.    Any highway route-controlled quantity of a Class 7 (radioactive) material;

B.     More than 25 kilograms (55 pounds) of a Division 1.1, 1.2, or 1.3 (explosive) material in a motor vehicle, rail car, or freight container;

C.     More than one liter (1.06 quarts) per package of a material extremely toxic by inhalation (i.e., “material poisonous by inhalation” meeting the criteria for “hazard zone A”);

D.    Hazmat in bulk packaging having a capacity equal to/greater than 13,248 liters (3,500 gallons) for liquids or gases, or more than 13.24 cubic meters (468 cubic feet) for solids;

E.     A shipment, in other than bulk packaging of 2,268 kilograms (5,000 pounds) gross weight, or more, of one class of hazmat for which placarding of a vehicle, rail car, or freight container is required; or

F.      A quantity of hazmat requiring placarding (activities by farmers in direct support of farming operations are excepted).

 

The following are excepted from the registration requirement:

 

  1. Agencies of the Federal Government;
  2. Agencies of states;
  3. Agencies of political subdivisions of states;
  4. Indian tribes;
  5. Employees of those agencies listed in 1, 2, 3, and 4 with respect to their official duties;
  6. Hazmat employees, including owner-operators of motor vehicles transporting hazmat in commerce, if that vehicle is leased to a registered motor carrier under a 30-day or longer lease as prescribed in 49 CFR Part 376 or an equivalent contractual relationship; and
  7. Persons offering hazmat for transportation to the US from locations outside the US, when that person:
    1. is domiciled outside the US in a country that does not impose registration or a fee on US companies for offering hazmat into that country, and
    2. does not transport hazmat to, within, or from the US in the types/quantities requiring registration.

 

Beginning 2000-01, registrants may register for 1-, 2-, or 3-year periods with a single application.  The 2010-11 registration year begins July 1, 2010, and ends June 30, 2011.  Persons engaging in the above activities during the 2010-11 registration year must file registration statements and pay associated fees before July 1, 2010, or before engaging in any activities, whichever is later.  The fee for a small business or not-for-profit organization remains $275 for 1 year (2010-11), $525 for 2 years (2010-12), or $775 for 3 years (2010-13).  The fee for all other registrants is $2,600 for 1 year (2010-11), $5,175 for 2 years (2010-12), or $7,750 for 3 years (2010-13).

 

Persons whose registrations expire on June 30, 2010, will be mailed a registration form and brochure in May.  Prior registrants who have supplied current e-mail addresses will be sent notification of the new registration year.

 

Registrants are encouraged to file their applications and pay the fee via the On-Line Registration at http://phmsa.dot.gov/hazmat/registration.  New registration certificates, which are required at principle places of business and in each truck/truck tractor, and vessel used to transport associated hazmat, may normally be printed immediately if payment is made via credit/debt card.  If paying by electronic check (ACH), your certificate will be e-mailed once payment is verified, usually the next business day.  Please allow 4 weeks if paper applications are mailed.  For more information, the 2010-11 brochure and application form can be printed from the website above, requested by calling 202-366-4109, or requested by e-mail register@dot.gov. 

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