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Federal Register / Vol. 63, No. 136 / Thursday, July 16, 1

businesses. One commenter recommended that the Committee’s final product be a Notice of Proposed Rulemaking (NPRM), with the Committee reaching consensus on the language of the NPRM and preamble. RSPA believes that this is a decision that the Committee should make as it develops ground rules and timetables for its deliberations.

The negotiation process will proceed according to a schedule of specific dates that the Committee devises at its first meeting on July 28–29, 1998. RSPA will publish notices of future meetings in the Federal Register. RSPA anticipates that the Committee will meet for up to five two-day sessions beginning in July 1998. If the Committee establishes working groups to support its work, additional meetings for the working groups may be necessary. RSPA expects the Committee to reach consensus and prepare a report recommending a proposed rule within six months of the first meeting. RSPA expects to publish an NPRM based on the Committee’s recommendations by February 15, 1999, and a final rule by May 1, 1999. If unforeseen delays in the anticipated schedule occur, the Research and

Special Programs Administrator may agree to an extension of time if the consensus of the Committee is that additional time will result in agreement.

VII. Meeting Agenda

The first meeting of the negotiated rulemaking committee will begin at 9:30 a.m. on July 28 with consideration of Committee ground rules, procedures, and calendar. The Committee will then address the specific issues that should be included in the negotiation and how data to support its deliberations will be developed. In addition, the Committee will consider whether to establish working groups to provide technical support and recommendations for specific aspects of the negotiations. The first meeting will conclude at 4:00 p.m. on July 29.

Title 41 CFR Sec. 105–54.301 requires that notices of advisory committee meetings must be published at least 15 calendar days prior to a meeting. However, that section also permits less than 15 days notice of a meeting in exceptional circumstances provided that the reasons for doing so are included in the meeting notice published in the Federal Register. RSPA determined that

998 / Proposed Rules


an early date for the first meeting was necessary because the agency timeframe for publication of an NPRM is very short. The temporary regulation that is an issue in this rulemaking expires on July 1, 1999. RSPA was unable to provide 15 days’ notice for the first meeting because of delays in contacting potential committee members to confirm their interest in participating. However, RSPA indicated in its June 4 notice of intent that the first meeting of the committee would be scheduled for July 1998. Additionally, RSPA provided a tentative meeting schedule that included the July 28–29 meeting date at the June 23–24 public meeting. Thus, representatives of the identified interests were informed of the meeting date well in advance of the 15 day period. RSPA expects that all Committee members will be present for this first important meeting.

Issued in Washington, DC on July 14, 1998 under authority delegated in 49 CFR Part 1.

Alan I. Roberts,

Associate Administrator for Hazardous Materials Safety, Research and Special Programs Administration.

[FR Doc. 98–19108 Filed 7–15–98; 8:45 am]


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