82 FR 58582 - Hazardous Materials: Announcement of the Department of Transportation's Decision on Electronically Controlled Pneumatic Braking
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration Federal Register Volume 82, Issue 238 (December 13, 2017)
Pipeline and Hazardous Materials Safety Administration
Federal Register Volume 82, Issue 238 (December 13, 2017)
| Page Range | 58582-58583 | |
| FR Document | 2017-26546 |
[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)] [Proposed Rules] [Pages 58582-58583] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26546] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Part 174 [Docket No. PHMSA-2017-0102; Notice No. 2017-12] Hazardous Materials: Announcement of the Department of Transportation's Decision on Electronically Controlled Pneumatic Braking AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Announcement of Department determination. ----------------------------------------------------------------------- SUMMARY: In this document, the Department of Transportation is announcing that after careful review, and as mandated by Section 7311 of the Fixing America's Surface Transportation (FAST) Act, the Department of Transportation has reviewed the final updated Regulatory Impact Analysis (RIA) and determined that the HM-251 Final Rule's electronically controlled pneumatic (ECP) brake requirements are not economically justified. As the expected benefits do not exceed the expected costs, PHMSA and the Federal Railroad Administration (FRA) will initiate a rulemaking to rescind the necessary regulatory provisions. DATES: December 13, 2017. ADDRESSES: All documents and comments related to this matter, including the final updated RIA, are still available for review at http://www.regulations.gov in Docket Number PHMSA-2017-0102. FOR FURTHER INFORMATION CONTACT: For public affairs related questions, please contact Patricia Klinger, Deputy Director within PHMSA's Office of Governmental, International, and Public Affairs, by email at [email protected], or by telephone at 202-366-4831. For economic (RIA) related questions, please contact Mark Johnson, Senior Economist, PHMSA, by telephone at 202-366-4495 or by email at [email protected]. For rulemaking related questions, please contact Matthew Nickels, Senior Regulations Officer, PHMSA, by telephone at 202-366-8553 or by email at [email protected]. SUPPLEMENTARY INFORMATION: HM-251 Final Rule On May 8, 2015, PHMSA, in coordination with FRA, published a Final Rule adopting requirements intended 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.\1\ The Final Rule defined certain trains transporting large volumes of flammable liquids as high-hazard flammable trains (HHFT) \2\ and others as high-hazard flammable unit trains (HHFUT).\3\ 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\ https://www.thefederalregister.org/fdsys/pkg/FR-2015-05-08/pdf/2015-10670.pdf \2\ 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. \3\ The Final Rule defined an HHFUT as ``a single train transporting 70 or more loaded tank cars containing Class 3 flammable liquid.'' --------------------------------------------------------------------------- Fixing America's Surface Transportation (FAST) Act In December 2015, Congress passed the FAST Act.\4\ Public Law 114- 94, 129 Stat. 1686 (Dec. 4, 2015). 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 was also required to solicit public comment on the updated RIA, and issue a final updated RIA, responding to comments and incorporating any useful information provided. Finally, Section [[Page 58583]] 7311 required 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 demonstrated that the benefits exceed the costs. The FAST Act required this process to be completed no later than December 4, 2017. --------------------------------------------------------------------------- \4\ https://www.thefederalregister.org/fdsys/pkg/PLAW-114publ94/html/PLAW-114publ94.htm. --------------------------------------------------------------------------- Section 7311 required DOT to enter into an agreement with National Academy of Sciences (NAS) to test ECP brakes and reevaluate the economic analysis supporting the ECP brake requirement of the Final Rule.\5\ Section 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 U.S. General Accountability Office (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.\6\ 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.\7\ Both audits are discussed in the final updated RIA. --------------------------------------------------------------------------- \5\ 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. \6\ DOT's Rulemaking on Electronically Controlled Pneumatic Brakes Could Benefit from Additional Data and Transparency, GAO-17- 122, Oct 12, 2016. \7\ 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. --------------------------------------------------------------------------- October 16, 2017--Federal Register Document and Request for Comments On October 16, 2017, PHMSA published a Federal Register document that provided the public with an opportunity to comment on the updated RIA. See 82 FR 48006.\8\ All documents and comments related to this matter, including the updated RIA, are still available for review at http://www.regulations.gov in Docket Number PHMSA-2017-0102. --------------------------------------------------------------------------- \8\ https://www.thefederalregister.org/fdsys/pkg/FR-2017-10-16/pdf/2017-22281.pdf. --------------------------------------------------------------------------- Final Determination The final updated RIA shows that the ECP brake requirements are not expected to be cost beneficial under any scenario assessed. These include a range of crude oil volume by rail forecasts--one that shows volumes shipped by rail rebounding over a period of time to close to the levels predicted at the rulemaking stage, one that shows levels flattening at those seen over the past few years, and a third showing declining volumes of crude oil shipped by rail. The estimated costs and benefits for the 20-year analysis are presented in the following (figures are in millions of dollars): Table #1 [Millions of dollars] -------------------------------------------------------------------------------------------------------------------------------------------------------- Total 7 Percent 3 Percent -------------------------------------------------------------------------------------------------------------------- Low High Sensitivity Low High Sensitivity Low High Sensitivity -------------------------------------------------------------------------------------------------------------------------------------------------------- Tank Cars.......................... $274.48 $364.48 $191.69 $237.76 $318.49 $165.00 $256.18 $341.52 $178.39 Locomotives........................ 115.67 153.25 85.86 105.03 140.42 77.13 110.79 147.39 81.84 Asset Management................... 0.52 0.52 0.52 0.52 0.52 0.52 0.52 0.52 0.52 Training........................... 36.58 36.58 36.58 32.29 32.29 32.29 34.62 34.62 34.62 -------------------------------------------------------------------------------------------------------------------- Total Costs.................... 427.25 554.83 314.65 375.60 491.72 274.95 402.11 524.05 295.37 Damage Mitigation.................. 89.52 146.16 70.07 48.16 78.19 37.36 67.19 109.44 52.41 Set Out Reliefs.................... 11.04 14.18 6.62 5.87 7.46 3.56 8.24 10.55 4.97 Class IA Brake Test................ 67.90 87.58 40.29 27.54 46.04 21.68 45.07 65.12 30.24 Wheel Savings...................... 46.39 71.15 33.22 26.77 37.40 17.87 36.08 52.90 24.93 Fuel Savings....................... 42.70 54.88 25.63 22.70 28.85 13.79 31.90 40.81 19.23 -------------------------------------------------------------------------------------------------------------------- Total Benefits................. 257.54 373.95 175.82 131.03 197.95 94.27 188.49 278.81 131.78 -------------------------------------------------------------------------------------------------------------------- Net Benefits............... -169.71 -180.88 -138.83 -244.57 -293.78 -180.68 -213.63 -245.24 -163.59 -------------------------------------------------------------------------------------------------------------------------------------------------------- As mandated by Section 7311, the Department of Transportation has reviewed the final updated RIA and determined that the HM-251 final rule's ECP brake requirements are not economically justified as the final updated RIA demonstrates that the expected benefits do not exceed the expected costs. As such, PHMSA and FRA will initiate a rulemaking to rescind the necessary regulatory provisions. Issued in Washington, DC on December 5, 2017, under authority delegated in 49 CFR 1.97. Drue Pearce, Deputy Administrator, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 2017-26546 Filed 12-12-17; 8:45 am] BILLING CODE 4910-60-P
![58582 Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Proposed Rules
collected as allowed by law or 2.1 Decisions issues the final agency decision. Only
regulation. the manager, PCSC may rule on an
[Move text of 2.1 under new heading appeal or initial request for a ruling on
[Delete 10.2 in its entirety.] 2.1.1, Local Decision to read as follows:] an exception to a USPS standard in the
* * * * * DMM.
2.1.1 Local Decision
607 Mailer Compliance and Appeals [Add new 2.1.2, Nonprofit USPS
of Classification Decisions A mailer who disagrees with a Marketing Mail Decision, to read as
classification decision by a local Post follows:]
* * * * * Office, whether on a pending or a
proposed mailing, may send a written 2.1.2 Nonprofit USPS Marketing Mail
2.0 Rulings on Mailing Standards Decision
appeal to the postmaster within 30 days.
[Revise the heading of 2.1 to read as The appeal is forwarded to the manager, Nonprofit mailers have two levels of
follows:] Pricing and Classification Service appeal. They may appeal revenue
Center (PCSC). The manager, PCSC deficiency assessments as follows:
If the initial revenue deficiency assessment was made First–level appeal Second–level appeal and final USPS decision
by:
Postmaster; manager, Business Mail Entry; manager, manager, PCSC (see manager, Product Classification (see 608.8.0 for ad-
Revenue and Compliance; or other Postal official. 608.8.0 for address). dress).
manager, PCSC ................................................................ manager, Product Classi- vice president, Marketing (see 608.8.0 for address).
fication.
All appeals must be submitted in Transportation has reviewed the final probability of accidents involving trains
writing within 30 days of the previous updated Regulatory Impact Analysis transporting large quantities of
USPS decision. Any decision that is not (RIA) and determined that the HM–251 flammable liquids. See 80 FR 26643.1
appealed as prescribed becomes the Final Rule’s electronically controlled The Final Rule defined certain trains
final agency decision; no appeals are pneumatic (ECP) brake requirements are transporting large volumes of flammable
available within the USPS beyond the not economically justified. As the liquids as high-hazard flammable trains
second appeal. expected benefits do not exceed the (HHFT) 2 and others as high-hazard
* * * * * expected costs, PHMSA and the Federal flammable unit trains (HHFUT).3 The
We will publish an appropriate Railroad Administration (FRA) will Final Rule required HHFUTs
amendment to 39 CFR part 111 to reflect initiate a rulemaking to rescind the transporting at least one flammable
these changes if this proposal is necessary regulatory provisions. liquid classified as a packing group I
adopted. DATES: December 13, 2017. material be operated with an ECP
braking system by January 1, 2021, and
Stanley F. Mires, ADDRESSES: All documents and
all other HHFUTs be operated with an
Attorney, Federal Compliance. comments related to this matter,
ECP braking system by May 1, 2023. See
including the final updated RIA, are still
[FR Doc. 2017–26740 Filed 12–12–17; 8:45 am] 49 CFR 174.310(a)(3).
available for review at http://
BILLING CODE 7710–12–P
www.regulations.gov in Docket Number Fixing America’s Surface
PHMSA–2017–0102. Transportation (FAST) Act
FOR FURTHER INFORMATION CONTACT: For In December 2015, Congress passed
DEPARTMENT OF TRANSPORTATION
public affairs related questions, please the FAST Act.4 Public Law 114–94, 129
Pipeline and Hazardous Materials contact Patricia Klinger, Deputy Director Stat. 1686 (Dec. 4, 2015). Section 7311
Safety Administration within PHMSA’s Office of of the FAST Act (Section 7311)
Governmental, International, and Public established a process, including
49 CFR Part 174 Affairs, by email at independent study and testing, for DOT
phmsa.publicaffairs@dot.gov, or by to use in developing an updated RIA
[Docket No. PHMSA–2017–0102; Notice No. telephone at 202–366–4831. For related to the Final Rule’s ECP brake
2017–12] economic (RIA) related questions, provision. The Secretary was also
please contact Mark Johnson, Senior required to solicit public comment on
Hazardous Materials: Announcement Economist, PHMSA, by telephone at the updated RIA, and issue a final
of the Department of Transportation’s 202–366–4495 or by email at updated RIA, responding to comments
Decision on Electronically Controlled mark.johnson@dot.gov. For rulemaking and incorporating any useful
Pneumatic Braking related questions, please contact information provided. Finally, Section
AGENCY: Pipeline and Hazardous Matthew Nickels, Senior Regulations
Materials Safety Administration Officer, PHMSA, by telephone at 202– 1 https://www.gpo.gov/fdsys/pkg/FR-2015-05-08/
(PHMSA), DOT. 366–8553 or by email at pdf/2015-10670.pdf
matthew.nickels@dot.gov. 2 The Final Rule defined an HHFT as ‘‘a single
sradovich on DSK3GMQ082PROD with PROPOSALS
ACTION: Announcement of Department train transporting 20 or more loaded tank cars of a
determination. SUPPLEMENTARY INFORMATION: Class 3 flammable liquid in a continuous block or
a single train carrying 35 or more loaded tank cars
SUMMARY: In this document, the HM–251 Final Rule of a Class 3 flammable liquid throughout the train
Department of Transportation is On May 8, 2015, PHMSA, in consist.’’ See 49 CFR 171.8.
3 The Final Rule defined an HHFUT as ‘‘a single
announcing that after careful review, coordination with FRA, published a
train transporting 70 or more loaded tank cars
and as mandated by Section 7311 of the Final Rule adopting requirements containing Class 3 flammable liquid.’’
Fixing America’s Surface Transportation intended to reduce the consequences 4 https://www.gpo.gov/fdsys/pkg/PLAW-
(FAST) Act, the Department of and, in some instances, reduce the 114publ94/html/PLAW-114publ94.htm.
VerDate Sep<11>2014 16:09 Dec 12, 2017 Jkt 244001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\13DEP1.SGM 13DEP1](https://thefederalregister.org/doc/82_FR_58820/page/1.svg)
![Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Proposed Rules 58583
7311 required the Secretary of provided for U.S. General including the updated RIA, are still
Transportation to review the final Accountability Office (GAO) review of available for review at http://
updated RIA and determine if the final the potential costs and benefits of ECP www.regulations.gov in Docket Number
rule’s ECP brake requirements are brakes. In response, GAO completed an PHMSA–2017–0102.
justified, based on whether the final evaluation of the business benefits,
Final Determination
updated RIA demonstrated that the safety benefits, and costs that DOT
benefits exceed the costs. The FAST Act estimated in the RIA for the final rule.6 The final updated RIA shows that the
required this process to be completed no Additionally, GAO recently completed a ECP brake requirements are not
later than December 4, 2017. second evaluation comparing the expected to be cost beneficial under any
Section 7311 required DOT to enter forecasted values of certain data points scenario assessed. These include a range
into an agreement with National that were used to support DOT’s ECP of crude oil volume by rail forecasts—
Academy of Sciences (NAS) to test ECP brake analysis.7 Both audits are one that shows volumes shipped by rail
brakes and reevaluate the economic discussed in the final updated RIA. rebounding over a period of time to
analysis supporting the ECP brake close to the levels predicted at the
October 16, 2017—Federal Register
requirement of the Final Rule.5 Section rulemaking stage, one that shows levels
Document and Request for Comments
7311 required the testing to flattening at those seen over the past few
‘‘objectively, accurately, and reliably On October 16, 2017, PHMSA years, and a third showing declining
measure[s] the performance of ECP published a Federal Register document volumes of crude oil shipped by rail.
brake systems relative to other braking that provided the public with an The estimated costs and benefits for the
technologies or systems, such as opportunity to comment on the updated 20-year analysis are presented in the
distributed power and 2-way end-of- RIA. See 82 FR 48006.8 All documents following (figures are in millions of
train devices.’’ The FAST Act also and comments related to this matter, dollars):
TABLE #1
[Millions of dollars]
Total 7 Percent 3 Percent
Low High Sensitivity Low High Sensitivity Low High Sensitivity
Tank Cars .................................. $274.48 $364.48 $191.69 $237.76 $318.49 $165.00 $256.18 $341.52 $178.39
Locomotives .............................. 115.67 153.25 85.86 105.03 140.42 77.13 110.79 147.39 81.84
Asset Management ................... 0.52 0.52 0.52 0.52 0.52 0.52 0.52 0.52 0.52
Training ..................................... 36.58 36.58 36.58 32.29 32.29 32.29 34.62 34.62 34.62
Total Costs ......................... 427.25 554.83 314.65 375.60 491.72 274.95 402.11 524.05 295.37
Damage Mitigation .................... 89.52 146.16 70.07 48.16 78.19 37.36 67.19 109.44 52.41
Set Out Reliefs .......................... 11.04 14.18 6.62 5.87 7.46 3.56 8.24 10.55 4.97
Class IA Brake Test .................. 67.90 87.58 40.29 27.54 46.04 21.68 45.07 65.12 30.24
Wheel Savings .......................... 46.39 71.15 33.22 26.77 37.40 17.87 36.08 52.90 24.93
Fuel Savings ............................. 42.70 54.88 25.63 22.70 28.85 13.79 31.90 40.81 19.23
Total Benefits ..................... 257.54 373.95 175.82 131.03 197.95 94.27 188.49 278.81 131.78
Net Benefits ................ ¥169.71 ¥180.88 ¥138.83 ¥244.57 ¥293.78 ¥180.68 ¥213.63 ¥245.24 ¥163.59
As mandated by Section 7311, the Issued in Washington, DC on December 5, DEPARTMENT OF COMMERCE
Department of Transportation has 2017, under authority delegated in 49 CFR
reviewed the final updated RIA and 1.97. National Oceanic and Atmospheric
determined that the HM–251 final rule’s Drue Pearce, Administration
ECP brake requirements are not Deputy Administrator, Pipeline and
economically justified as the final Hazardous Materials Safety Administration. 50 CFR Part 648
updated RIA demonstrates that the [FR Doc. 2017–26546 Filed 12–12–17; 8:45 am]
expected benefits do not exceed the BILLING CODE 4910–60–P [Docket No. 170713663–7663–01]
expected costs. As such, PHMSA and
FRA will initiate a rulemaking to RIN 0648–BH04
rescind the necessary regulatory
provisions. Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Specifications
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
sradovich on DSK3GMQ082PROD with PROPOSALS
Atmospheric Administration (NOAA),
Commerce.
5 In a March 17, 2016, letter, NAS declined to itself and contracted with NAS to review and 7 2015 Electronically Controlled Pneumatic Brake
perform the testing, citing preliminary cost monitor the test plan. Rule: Comparison of DOT Forecasts for Selected
estimates to perform the testing in excess of $100 6 DOT’s Rulemaking on Electronically Controlled Data Points for 2015 and 2016 to Preliminary Data
million and expressing concern about meeting the Pneumatic Brakes Could Benefit from Additional for Those Years, GAO–17–567R, May 31, 2017.
statutory deadline. As an alternative, to meet the Data and Transparency, GAO–17–122, Oct 12, 2016.
8 https://www.gpo.gov/fdsys/pkg/FR-2017-10-16/
intent of the FAST Act, DOT conducted the testing pdf/2017-22281.pdf.
VerDate Sep<11>2014 16:09 Dec 12, 2017 Jkt 244001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\13DEP1.SGM 13DEP1](https://thefederalregister.org/doc/82_FR_58820/page/2.svg)
Document Created: 2017-12-13 01:23:29
Document Modified: 2017-12-13 01:23:29
| 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 | Proposed Rules | |
| Action | Announcement of Department determination. | |
| Dates | December 13, 2017. | |
| Contact | For public affairs related questions, please contact Patricia Klinger, Deputy Director within PHMSA's Office of Governmental, International, and Public Affairs, by email at [email protected], or by telephone at 202-366-4831. For economic (RIA) related questions, please contact Mark Johnson, Senior Economist, PHMSA, by telephone at 202-366-4495 or by email at [email protected] For rulemaking related questions, please contact Matthew Nickels, Senior Regulations Officer, PHMSA, by telephone at 202-366-8553 or by email at [email protected] | |
| FR Citation | 82 FR 58582 |
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