August 28, 2002

Ms. Ellen G. Engleman, Administrator
Research and Special Programs Administration
U.S. Department of Transportation
Washington, DC 20590-0001

Re: DOT Docket No. RSPA-98-4952 (HM-223)

Dear Ms. Engleman:

This is in reference to the July 16, 2002 letter from the National Transportation Safety Board to Secretary Mineta forwarding their recommendations I-02-1/-2 again expressing their concern about RSPA's proposed termination of the applicability of the hazmat regulations to the loading and unloading of hazardous materials. While the full report of the investigation that led to the most recent recommendations only became available recently, the letter to the Secretary is sufficiently explicit in regard to NTSB's concern.

In our January 24, 2002, letter responding to your most recent proposals under HM-223, we suggested in the penultimate paragraph the application of new or existing industry consensus standards to address safety in the operation of hazmat transportation related facilities. We suggested this approach because of RSPA's successful adoption and application of consensus standards for a large variety of processes and procedures (49 CFR 171.7). As an alternative, we suggested a negotiated rulemaking proceeding leading to acceptable standards for application to the operation of transportation related facilities.

We anticipate a DGAC initiated consensus development approach would involve a substantial financial commitment on our part, and our board of directors will be deciding on our 2003 budget within the next month or two. Therefore, we would appreciate an early response in regard to your acceptance or rejection of our offer to produce appropriate standards as an alternative to RSPA's continuing its attempt to limit its regulations by excluding their application to most transportation related facilities.

We look forward to working with RSPA in resolving our jurisdictional differences and to provide you a way to provide appropriate response to the NTSB. I would appreciate a prompt response to this letter so that it can be reviewed by our board of directors at its meeting in September.

Sincerely,

Michael Morrissette
Vice President