82 FR 48006 - Hazardous Materials: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration Federal Register Volume 82, Issue 198 (October 16, 2017)
Pipeline and Hazardous Materials Safety Administration
Federal Register Volume 82, Issue 198 (October 16, 2017)
| Page Range | 48006-48007 | |
| FR Document | 2017-22281 |
[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)] [Rules and Regulations] [Pages 48006-48007] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22281] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Part 174 [Docket No. PHMSA-2017-0102] Hazardous Materials: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notification of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: This document provides notice that PHMSA and the Federal Railroad Administration (FRA) are publishing a revised Regulatory Impact Analysis (RIA) updating the original RIA associated with the electronically controlled pneumatic (ECP) brake provision of PHMSA's May 8, 2015, Final Rule titled ``Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains'' (Final Rule). The agencies are publishing the updated RIA in response to the mandate of the Fixing America's Surface Transportation (FAST) Act. The updated RIA incorporates new testing and analysis the National Academy of Sciences (NAS) reviewed, recommendations from two U.S. General Accountability Office (GAO) audits, and updates to the costs and benefits of the provision of the Final Rule based on current economic conditions. PHMSA invites comments on all aspects of the updated RIA and the agency will respond to all relevant comments received. DATES: Comments must be received by November 1, 2017. Comments received after that date will be considered to the extent practicable, provided the comments do not result in additional delay or expense. ADDRESSES: You may submit comments identified by the docket number PHMSA-2017-0102 by any of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Fax: 1-202-493-2251. Mail or Hand Delivery: U.S. DOT Docket Management System, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. Instructions: If you submit your comments by mail, submit two copies. To receive confirmation that PHMSA received your comments, include a self-addressed stamped postcard. Privacy Act Statement Under 5 U.S.C. 553(c), the Department of Transportation (DOT) solicits comments from the public to better inform its regulatory process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL- 14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Mark Johnson, Senior Economist, Pipeline and Hazardous Materials Safety Administration, by telephone at 202-366-4495 or by email at [email protected]; or, Mark Anderson, Industry Economist, Federal Railroad Administration, by telephone at 202-493-6078 or by email at [email protected]. SUPPLEMENTARY INFORMATION: On May 8, 2015, PHMSA, in coordination with FRA, published a Final Rule adopting requirements designed to reduce the consequences and, in some instances, reduce the probability of accidents involving trains transporting large quantities of flammable liquids. See 80 FR 26643. The Final Rule defined certain trains transporting large volumes of flammable liquids as high-hazard flammable trains (HHFT) \1\ and others as high-hazard flammable unit trains (HHFUT).\2\ The Final Rule required HHFUTs transporting at least one flammable liquid classified as a packing group I material be operated with an ECP braking system by January 1, 2021, and all other HHFUTs be operated with an ECP braking system by May 1, 2023. See 49 CFR 174.310(a)(3). --------------------------------------------------------------------------- \1\ The Final Rule defined an HHFT as ``a single train transporting 20 or more loaded tank cars of a Class 3 flammable liquid in a continuous block or a single train carrying 35 or more loaded tank cars of a Class 3 flammable liquid throughout the train consist.'' See 49 CFR 171.8. \2\ The Final Rule defined an HHFUT as ``a single train transporting 70 or more loaded tank cars containing Class 3 flammable liquid.'' --------------------------------------------------------------------------- In December 2015, Congress passed the FAST Act. Pub. L. 114-94, 129 Stat. 1686 (Dec. 4, 2015) (codified at 49 U.S.C. 20168). Section 7311 of the FAST Act (section 7311) established a process, including independent study and testing, for DOT to use in developing an updated RIA related to the Final Rule's ECP brake provision. The Secretary is also required to solicit public comment on the revised RIA, and issue a final updated RIA. Finally, Section 7311 requires the Secretary of Transportation to review the final updated RIA and determine if the final rule's ECP brake requirements are justified, based on whether the final updated RIA demonstrates that the benefits exceed the costs. The FAST Act requires this entire process to be completed no later than December 4, 2017. Section 7311 required DOT to enter into an agreement with NAS to test ECP brakes and reevaluate the economic analysis supporting the ECP brake requirement of the Final Rule.\3\ Section [[Page 48007]] 7311 required the testing to ``objectively, accurately, and reliably measure[s] the performance of ECP brake systems relative to other braking technologies or systems, such as distributed power and 2-way end-of-train devices.'' The FAST Act also provided for GAO review of the potential costs and benefits of ECP brakes. In response, GAO completed an evaluation of the business benefits, safety benefits, and costs that DOT estimated in the RIA for the final rule.\4\ Additionally, GAO recently completed a second evaluation comparing the forecasted values of certain data points that were used to support DOT's ECP brake analysis.\5\ Both audits are discussed in the updated RIA. --------------------------------------------------------------------------- \3\ In a March 17, 2016, letter, NAS declined to perform the testing, citing preliminary cost estimates to perform the testing in excess of $100 million and expressing concern about meeting the statutory deadline. As an alternative, to meet the intent of the FAST Act, DOT conducted the testing itself and contracted with NAS to review and monitor the test plan. \4\ DOT's Rulemaking on Electronically Controlled Pneumatic Brakes Could Benefit from Additional Data and Transparency, GAO-17- 122, Oct 12, 2016. \5\ 2015 Electronically Controlled Pneumatic Brake Rule: Comparison of DOT Forecasts for Selected Data Points for 2015 and 2016 to Preliminary Data for Those Years, GAO-17-567R, May 31, 2017 --------------------------------------------------------------------------- PHMSA is providing the public with an opportunity to comment on the updated RIA. To enable PHMSA to meet section 7311's deadline, all comments must be received in the docket referenced in the ADDRESSES section of this document by November 1, 2017. Comments received after that date will be considered to the extent practicable, provided the comments do not result in additional delay or expense. All documents and comments related to this matter, including the updated RIA, are available for review at http://www.regulations.gov in docket number PHMSA-2017-0102. Issued in Washington, DC on October 10, 2017, under authority delegated in 49 CFR part 1.97. Drue Pearce, Acting Administrator, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 2017-22281 Filed 10-13-17; 8:45 am] BILLING CODE 4910-60-P
![48006 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations
with Middle Class Tax Relief and Job ACTION: Notification of availability; FOR FURTHER INFORMATION CONTACT:
Creation Act of 2012. The Middle Class request for comments. Mark Johnson, Senior Economist,
Tax Relief and Job Creation Act of 2012 Pipeline and Hazardous Materials Safety
provides that ‘‘the Governor shall SUMMARY: This document provides Administration, by telephone at 202–
choose whether to participate in the notice that PHMSA and the Federal 366–4495 or by email at mark.johnson@
deployment of the nationwide, Railroad Administration (FRA) are dot.gov; or, Mark Anderson, Industry
interoperable broadband network as publishing a revised Regulatory Impact Economist, Federal Railroad
proposed by [FirstNet,] or conduct its Analysis (RIA) updating the original Administration, by telephone at 202–
own deployment of a radio access RIA associated with the electronically 493–6078 or by email at
network in such State.’’ If a Governor controlled pneumatic (ECP) brake mark.anderson@dot.gov.
chooses not to participate in the provision of PHMSA’s May 8, 2015,
SUPPLEMENTARY INFORMATION: On May 8,
Final Rule titled ‘‘Enhanced Tank Car
NPSBN, section 6302(e)(3)(A) of the Act 2015, PHMSA, in coordination with
Standards and Operational Controls for
requires the Governor to ‘‘notify FRA, published a Final Rule adopting
High-Hazard Flammable Trains’’ (Final
[FirstNet], the NTIA, and the requirements designed to reduce the
Rule). The agencies are publishing the
Commission of such decision.’’ The Act consequences and, in some instances,
updated RIA in response to the mandate
also states that an opt-out state ‘‘shall reduce the probability of accidents
of the Fixing America’s Surface
submit’’ to the Commission an involving trains transporting large
Transportation (FAST) Act. The
‘‘alternative plan’’ for ‘‘the construction, quantities of flammable liquids. See 80
updated RIA incorporates new testing
maintenance, operation, and FR 26643. The Final Rule defined
and analysis the National Academy of
improvements’’ of the RAN within the certain trains transporting large volumes
Sciences (NAS) reviewed,
state. Section 3(C)(ii) of the Act of flammable liquids as high-hazard
recommendations from two U.S. flammable trains (HHFT) 1 and others as
mandates that ‘‘upon submission of this
General Accountability Office (GAO) high-hazard flammable unit trains
plan, the Commission shall approve or
audits, and updates to the costs and (HHFUT).2 The Final Rule required
disapprove of the plan.’’
benefits of the provision of the Final HHFUTs transporting at least one
We require that either the Governor or
Rule based on current economic flammable liquid classified as a packing
the Governor’s his duly authorized
conditions. PHMSA invites comments group I material be operated with an
designee may provide notification of the
on all aspects of the updated RIA and ECP braking system by January 1, 2021,
Governor’s decision. The opt-out
the agency will respond to all relevant and all other HHFUTs be operated with
notification to the Commission must
comments received. an ECP braking system by May 1, 2023.
also include a certification that the state
DATES: Comments must be received by See 49 CFR 174.310(a)(3).
is providing simultaneous notice of its
opt-out decision to both to NTIA and November 1, 2017. Comments received In December 2015, Congress passed
FirstNet. To facilitate the electronic after that date will be considered to the the FAST Act. Pub. L. 114–94, 129 Stat.
filing of opt-out notifications, we will extent practicable, provided the 1686 (Dec. 4, 2015) (codified at 49
establish the email address opt-out@ comments do not result in additional U.S.C. 20168). Section 7311 of the FAST
fcc.gov as the address for this purpose. delay or expense. Act (section 7311) established a process,
Each opt-out state will have 60 days ADDRESSES: You may submit comments including independent study and
from the completion of its Request For identified by the docket number testing, for DOT to use in developing an
Proposal (240 days from the date of its PHMSA–2017–0102 by any of the updated RIA related to the Final Rule’s
opt-out notification to the Commission) following methods: ECP brake provision. The Secretary is
to file an alternative state plan via the • Federal eRulemaking Portal: http:// also required to solicit public comment
secure email address opt-out@fcc.gov or www.regulations.gov. Follow the online on the revised RIA, and issue a final
via certified mail to the Secretary’s instructions for submitting comments. updated RIA. Finally, Section 7311
office. • Fax: 1–202–493–2251. requires the Secretary of Transportation
• Mail or Hand Delivery: U.S. DOT to review the final updated RIA and
Federal Communications Commission. Docket Management System, West determine if the final rule’s ECP brake
Marlene H. Dortch, Building Ground Floor, Room W12–140, requirements are justified, based on
Secretary, Office of the Secretary. 1200 New Jersey Avenue SE, whether the final updated RIA
[FR Doc. 2017–22339 Filed 10–13–17; 8:45 am] Washington, DC 20590–0001 between demonstrates that the benefits exceed
BILLING CODE 6712–01–P 9:00 a.m. and 5:00 p.m., Monday the costs. The FAST Act requires this
through Friday, except Federal holidays. entire process to be completed no later
• Instructions: If you submit your than December 4, 2017.
comments by mail, submit two copies. Section 7311 required DOT to enter
DEPARTMENT OF TRANSPORTATION To receive confirmation that PHMSA into an agreement with NAS to test ECP
received your comments, include a self- brakes and reevaluate the economic
Pipeline and Hazardous Materials addressed stamped postcard. analysis supporting the ECP brake
Safety Administration
Privacy Act Statement requirement of the Final Rule.3 Section
49 CFR Part 174 Under 5 U.S.C. 553(c), the Department 1 The Final Rule defined an HHFT as ‘‘a single
of Transportation (DOT) solicits train transporting 20 or more loaded tank cars of a
[Docket No. PHMSA–2017–0102] comments from the public to better Class 3 flammable liquid in a continuous block or
a single train carrying 35 or more loaded tank cars
Hazardous Materials: Enhanced Tank inform its regulatory process. DOT posts of a Class 3 flammable liquid throughout the train
jstallworth on DSKBBY8HB2PROD with RULES
Car Standards and Operational these comments, without edit, including consist.’’ See 49 CFR 171.8.
Controls for High-Hazard Flammable any personal information the 2 The Final Rule defined an HHFUT as ‘‘a single
Trains commenter provides, to train transporting 70 or more loaded tank cars
www.regulations.gov, as described in containing Class 3 flammable liquid.’’
3 In a March 17, 2016, letter, NAS declined to
AGENCY: Pipeline and Hazardous the system of records notice (DOT/ALL– perform the testing, citing preliminary cost
Materials Safety Administration 14 FDMS), which can be reviewed at estimates to perform the testing in excess of $100
(PHMSA), DOT. www.dot.gov/privacy. million and expressing concern about meeting the
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![Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 48007
7311 required the testing to Issued in Washington, DC on October 10, common pool vessels for the remainder
‘‘objectively, accurately, and reliably 2017, under authority delegated in 49 CFR of the fishing year, through April 30,
part 1.97. 2018. In addition, we are reducing the
measure[s] the performance of ECP
brake systems relative to other braking Drue Pearce, 2017 fishing year Georges Bank cod sub-
technologies or systems, such as Acting Administrator, Pipeline and annual catch limit for the common pool
Hazardous Materials Safety Administration. due to an overage in fishing year 2016.
distributed power and 2-way end-of-
[FR Doc. 2017–22281 Filed 10–13–17; 8:45 am]
train devices.’’ The FAST Act also DATES: Effective October 11, 2017,
BILLING CODE 4910–60–P
provided for GAO review of the through April 30, 2018.
potential costs and benefits of ECP
FOR FURTHER INFORMATION CONTACT:
brakes. In response, GAO completed an
DEPARTMENT OF COMMERCE Spencer Talmage, Fishery Management
evaluation of the business benefits,
Specialist, (978) 281–9232,
safety benefits, and costs that DOT National Oceanic and Atmospheric spencer.talmage@noaa.gov.
estimated in the RIA for the final rule.4 Administration
Additionally, GAO recently completed a SUPPLEMENTARY INFORMATION: We
second evaluation comparing the 50 CFR Part 648 recently approved Framework
forecasted values of certain data points Adjustment 56, which set 2017 annual
[Docket No. 151211999–6343–02] catch limits (ACLs) for groundfish
that were used to support DOT’s ECP
brake analysis.5 Both audits are RIN 0648–XF747 stocks (82 FR 16133). The possibility of
discussed in the updated RIA. minor adjustments and corrections was
Fisheries of the Northeastern United noted in the Framework 56 proposed
PHMSA is providing the public with States; Northeast Multispecies and final rules because final allocations
an opportunity to comment on the Fishery; Trimester 2 Georges Bank are not always available at the time of
updated RIA. To enable PHMSA to meet Cod Total Allowable Catch Area the rulemaking for the upcoming fishing
section 7311’s deadline, all comments Closure; Updated 2017 Georges Bank year.
must be received in the docket Cod Annual Catch Limit for the Based on final 2016 catch information
referenced in the ADDRESSES section of Common Pool; Possession Prohibition that recently became available, the
this document by November 1, 2017. for the Common Pool Fishery fishing year 2016 common pool sub-
Comments received after that date will ACL for Georges Bank (GB) cod was
AGENCY: National Marine Fisheries
be considered to the extent practicable, exceeded by 2.8 metric tons (mt). If the
Service (NMFS), National Oceanic and
provided the comments do not result in common pool sub-ACL for any stock is
Atmospheric Administration (NOAA),
additional delay or expense. All Commerce. exceeded, we are required to reduce the
documents and comments related to this common pool sub-ACL by the amount of
ACTION: Temporary rule; area closure
matter, including the updated RIA, are the overage in the next fishing year.
and inseason adjustment.
available for review at http:// Therefore, this action reduces the
www.regulations.gov in docket number SUMMARY: We are closing the Georges fishing year 2017 GB cod common pool
PHMSA–2017–0102. Bank Cod Trimester Total Allowable sub-ACL by 2.8 mt, which results in a
Catch Area for the remainder of revised 2017 GB cod common pool sub-
Trimester 2, through December 31, ACL of 7.0 mt. The revised Trimester
2017. This action also prohibits Total Allowable Catches (TACs) are
possession of Georges Bank cod by provided in Table 1.
TABLE 1—CURRENT AND REVISED GEORGES BANK COD TRIMESTER TACS
Trimester Trimester Trimester
1 2 3
Allocation Percentage ......................................................................................................................................... 25% ....... 37% ........ 38%.
Current Trimester TAC ........................................................................................................................................ 2.4 mt ..... 3.6 mt ..... 3.7 mt.
Revised Trimester TAC ....................................................................................................................................... 1.7 mt ..... 2.6 mt ..... 2.7 mt.
As of October 3, 2017, the common The closure applies to all common pool consists of statistical areas 521, 522,
pool fishery is projected to have caught vessels fishing with gear capable of 525, and 561. The area reopens at the
123 percent of the adjusted Trimester 2 catching that stock for the remainder of beginning of Trimester 3, on January 1,
TAC (2.6 mt) for GB cod. Additionally, the trimester. 2018.
the common pool fishery has caught 83 As a result, effective October 11, 2017, Data indicate that common pool
percent of its adjusted 2017 sub-ACL, the GB Cod Trimester TAC Area is vessels have caught a significant portion
and has only 1.2 mt left for the closed for the remainder of Trimester 2, of the total catch from outside the
remainder of the fishing year. Federal through December 31, 2017, to all statistical areas that will be affected by
regulations at 50 CFR 648.82(n)(2)(ii) common pool vessels fishing on a the closure described above. The
require the Regional Administrator to Northeast multispecies trip with trawl Regional Administrator is authorized
jstallworth on DSKBBY8HB2PROD with RULES
close a common pool Trimester TAC gear, sink gillnet gear, and longline/ under 50 CFR 648.86(o)(1) to adjust
Area for a stock when 90 percent of the hook gear, including handgear vessels. possession and trip limits for common
Trimester TAC is projected to be caught. The GB Cod Trimester TAC Area pool vessels to prevent exceeding the
statutory deadline. As an alternative, to meet the 4 DOT’s Rulemaking on Electronically Controlled 5 2015 Electronically Controlled Pneumatic Brake
intent of the FAST Act, DOT conducted the testing Pneumatic Brakes Could Benefit from Additional Rule: Comparison of DOT Forecasts for Selected
itself and contracted with NAS to review and Data and Transparency, GAO–17–122, Oct 12, 2016. Data Points for 2015 and 2016 to Preliminary Data
monitor the test plan. for Those Years, GAO–17–567R, May 31, 2017
VerDate Sep<11>2014 14:58 Oct 13, 2017 Jkt 244001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\16OCR1.SGM 16OCR1](https://thefederalregister.org/doc/82_FR_48204/page/2.svg)
Document Created: 2017-10-14 01:42:09
Document Modified: 2017-10-14 01:42:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Notification of availability; request for comments. | |
| Dates | Comments must be received by November 1, 2017. Comments received after that date will be considered to the extent practicable, provided the comments do not result in additional delay or expense. | |
| Contact | Mark Johnson, Senior Economist, Pipeline and Hazardous Materials Safety Administration, by telephone at 202-366-4495 or by email at [email protected]; or, Mark Anderson, Industry Economist, Federal Railroad Administration, by telephone at 202-493-6078 or by email at [email protected] | |
| FR Citation | 82 FR 48006 |
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