PHMSA: Adjusting Registration and Fee Assessment Program

PHMSA Seeking Public Comments on Proposed Rulemaking: Adjusting Registration and Fee Assessment Program

The Infrastructure Investment and Jobs Act of 2021 was put in place to fix roads and bridges and included measures for climate change mitigation and improving access for cyclists and pedestrians. In addition, this act authorized an increase for PHMSA’s national emergency preparedness grant programs. Though there are many benefits to these grant programs, everything comes with a cost.

In order to fully fund the program at the new amounts, it may be necessary to adjust fees for the statutorily mandated hazardous materials registration and fee assessment program.

What Changes Could be on the Horizon?

PHMSA is seeking feedback from the public on several different potential adjustments. These adjustments include:

If registration fees remain at a maximum of $3,000 per year
If Congress allows an increase in the maximum fee of $3,000 per year
If PHMSA develops a method that could replace the existing two-tier registration structure with a more equitable system, based on the amount of risk introduced into the transportation system.

If congress does allow the fees to change, PHMSA is looking for the public to make comments on the following options below:

Maintain the current maximum registration fees and create an upper tier of a higher fee for a certain category of very large businesses. If this approach is preferred, how should PHMSA define a “very large business?” Specifically, what risk factors should go into determining a very large business classification, to better account for market-based risks to the public as well as equity factors between applicants?
Change the registration requirements to reduce the overall number of registrants.
Keep the existing registration requirements and raise the registration fee for large businesses from $2,575 to a dollar value below the Congressionally authorized maximum fee (e.g., if the maximum allowed were increased from $3,000 to $5,000).
Raise fees for specific business types, classes of material, or commodities ( e.g., poisonous by inhalation material), which are considered extremely high risk.

How Do I Comment?

All Comments from stakeholders must be received by December 21, 2022. You may submit comments identified by the docket number PHMSA-2022-0033 (HM-208J) by any of the following methods:

Federal e-Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting comments.
Fax: (202) 493-2251.
Mail: Docket Management System, U.S. Department of Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, Ground Floor, Room W12-140 in the West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except for Federal holidays.

For more details, visit this link.

For more information, contact the Regulatory Experts at ICC Compliance Center.