March 11, 2002

Ms. Ellen Engleman
Administrator
Research and Special Programs Administration
Department of Transportation
400 Seventh St., SW
Washington, DC 20590

Dear Ms. Engleman:

According to the American Chemistry Council, the U.S. has a dangerous goods trade surplus of more than $18 billion a year. Failure to align U.S. regulations with international standards in a timely manner introduces a serious impediment to the efficient transport of dangerous goods.

DGAC is an international, non-profit, educational organization devoted to promoting safety in the domestic and international transportation practices of hazardous materials. DGAC represents shippers, carriers of all modes, container manufacturers and reconditioners, emergency response and waste clean-up companies and a variety of other companies and organizations involved in the field of hazardous materials transportation.

We note that the next edition of the ICAO Technical Instructions (TI) and the next amendment to the IMDG Code will incorporate the changes made in the 12th Edition of the UN Model Regulations and become effective January 1, 2003.

The last proposed rulemaking to align the Hazardous Materials Regulations with corresponding provisions of international standards, Docket HM-215D, was not published until late October 2000. We understand there were difficulties in getting the rule published in the Federal Register because of its exceptional length, and the priority of other regulatory publications. However, the late publication date resulted in the final rules not appearing until February 1, 2001 to authorize use of the ICAO Technical Instructions and June 21, 2001 to incorporate changes to U.S. hazmat regulations. DGAC has many members who are global shippers and carriers. To facilitate training, packaging, and shipping paper concerns, we have a strong preference to implement changes to both domestic and international regulations on the same mandatory effective date.

To ensure that domestic and international regulations are aligned on January 1, 2003 and to have the new regulations published in the October 1, 2002 edition of the CFR, DGAC respectfully requests that the proposed rule for HM-215E be published as early as possible, but not later than May 31, 2002. This schedule would allow for a comment period of 60 days and a final rule to be published in time for an effective date of January 1, 2003. We also believe early regulatory action with an adequate comment period would greatly assist our members to carefully review the rule and offer constructive comments within the time period permitted, reducing the likelihood of petitions for reconsideration at a later date.

Thank you for your consideration of our request. In advance, we appreciate RSPA's efforts to publish the rule in a timely manner.

Sincerely,

Alan I. Roberts
President