Hazardous materials carriers who want to submit comments regarding proposed security measures can now request confidential treatment.

Last July, the Federal Motor Carrier Administration and the Research and Special Programs Administration asked for comments on the feasibility of security enhancement requirements for hazmat haulers and the potential costs and benefits of such enhancements. At that time it said that comments with information that may compromise transportation security would be disqualified.
Recently, however, the two agencies announced that they would consider all comments received, but those determined to be exempt from Freedom of Information laws will not be included in the docket. The agencies also extended the comment period to Nov. 15, 2002.
Protection from public disclosure must be requested with the submission. Each page of the original document to be protected must be marked confidential and a second copy, with the confidential information deleted, must be submitted. Those requesting confidentiality must also explain why, including references to any laws or FOIA exemptions that might apply. FMCSA and RSPA will review the request and notify the submitter at least five days before the information is publicly disclosed.
Additional instructions and information can be found in a notice published in the Oct. 8, 2002 Federal Register, which can be accessed on the Internet at frwebgae.access.gpo.gov or through the agencies' web sites, www.fmcsa.dot.gov or www.rspa.dot.gov.

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