[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Proposed Rules]
[Pages 55430-55431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17472]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 174, and 180
[Docket No. PHMSA-2016-0015 (HM-263)]
RIN 2137-AF21
Hazardous Materials: FAST Act Requirements for Real-Time Train
Consist Information
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Proposed rule; extension of comment period.
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SUMMARY: On June 27, 2023, PHMSA published a notice of proposed
rulemaking, titled ``Hazardous Materials: FAST Act Requirements for
Real-Time Train Consist Information (HM-263),'' proposing amendments to
the Hazardous Materials Regulations to require all railroads to
generate in electronic form, maintain, and provide to first responders,
emergency response officials, and law enforcement personnel, certain
information regarding hazardous materials in rail transportation to
enhance emergency response and investigative efforts. In response to a
request for an extension of the comment period submitted by the
American Short Line and Regional Railroad Association (ASLRRA), PHMSA
is extending the comment period for the HM-263 notice by an additional
60 days. Comments to the HM-263 notice will now be due by October 27,
2023.
DATES: Comments should be received on or before October 27, 2023. To
the extent possible, PHMSA will consider late-filed comments.
ADDRESSES: Comments should reference Docket No. PHMSA-2016-0015 (HM-
263) and may be submitted in the following ways:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-202-493-2251.
Mail: Dockets Management System, U.S. Department of
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590-0001.
Hand Delivery: To the Docket Management System: Room W12-
140 on the ground floor of the West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590, between 9:00 a.m. and 5:00 p.m., Monday
through Friday, except federal holidays.
Instructions: All submissions must include the Agency name and
Docket Number for this notice (PHMSA-2016-0015) at the beginning of the
comment. To avoid duplication, please use only one of these four
methods. All comments received will be posted without change to the
Federal Docket Management System (FDMS) and will include any personal
information you provide.
Docket: For access to the dockets to read associated documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its process. DOT posts these
comments without change, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA; 5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this NPRM contain
commercial or financial information that is customarily treated as
private, that you treat as private, and that is relevant or responsive
to this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN'' for ``proprietary information.'' Submissions
containing CBI should be sent to Dirk Der Kinderen, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
Any commentary that PHMSA receives that is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Dirk Der Kinderen, Standards and
Rulemaking Division, 202-366-8553, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On June 27, 2023, PHMSA published the HM-263 notice of proposed
rulemaking (NPRM) \1\ in response to statutory mandates in the ``Fixing
America's Surface Transportation Act'',\2\ as amended, and a National
Transportation Safety Board safety recommendation; and complements
existing regulatory requirements pertaining to the generation,
maintenance, and provision of similar information in hard copy form, as
well as other hazard communication requirements. PHMSA's proposal will
require all railroads transporting hazardous materials to generate in
electronic form train consist information, maintain that information
off-the-train, update that information in real-time, and provide that
information to authorized emergency response personnel in advance of
their arrival to an accident or incident. As such, railroads operating
a train carrying hazardous materials will be required to push that
information to state authorized local first responders promptly
following either an accident involving that train, or an incident
involving the release or suspected release of hazardous material from
that train. Railroads must also ensure that, in updating that
electronic train consist information, they also update hard (printed)
copy versions of the same information provided to train crews such that
both hard (printed) copy and electronic versions of that information
[[Page 55431]]
are consistent, accurate, and available when needed most.
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\1\ 88 FR 41541.
\2\ Public Law 114-94.
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II. Comment Period Extension
PHMSA initially provided a 60-day comment period for the HM-263
NPRM, which closes on August 28, 2023. In response to a request to
extend the comment period from ASLRRA,\3\ PHMSA is extending the
comment period for an additional 60 days. ASLRRA requested the
extension to allow additional time to gather feedback on the economic
impacts of the rulemaking from its member railroads--the majority of
which are small businesses. The comment period will now close on
October 27, 2023. This extension provides the public with an additional
60 days and should provide adequate opportunity for the public to
submit comments; however, PHMSA may, at its discretion, extend the
comment period further if necessary. To the extent possible, PHMSA will
also consider late-filed comments.
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\3\ ASLRRA's comment may be reviewed at: https://www.regulations.gov/document/PHMSA-2016-0015-0016.
Issued in Washington, DC, on August 10, 2023, under authority
delegated in 49 CFR part 1.97.
William S. Schoonover,
Associate Administrator of Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2023-17472 Filed 8-14-23; 8:45 am]
BILLING CODE 4910-60-P