82_FR_6463 82 FR 6451 - Hazardous Materials: FAST Act Requirements for Real-Time Train Consist Information by Rail

82 FR 6451 - Hazardous Materials: FAST Act Requirements for Real-Time Train Consist Information by Rail

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 82, Issue 12 (January 19, 2017)

Page Range6451-6456
FR Document2017-01240

PHMSA requests comment on certain provisions of the Fixing America's Surface Transportation (FAST) Act of 2015. The FAST Act directs the Secretary of Transportation to require Class I railroads that transport hazardous materials to generate accurate, real-time, and electronic train consist information. Further, the FAST Act includes provisions for the railroads to provide fusion centers with electronic train consist information to share with State and local first responders, emergency response officials, and law enforcement personnel during an accident, incident, or emergency. In support of developing regulations to implement the FAST Act mandates, PHMSA specifically requests comments and information on baseline changes, affected entities, and costs and benefits related to fusion centers collecting train consist information from railroads and disseminating this information in the event of an emergency.

Federal Register, Volume 82 Issue 12 (Thursday, January 19, 2017)
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Proposed Rules]
[Pages 6451-6456]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01240]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 174

[Docket No. PHMSA-2016-0015 (HM-263)]
RIN 2137-AF21


Hazardous Materials: FAST Act Requirements for Real-Time Train 
Consist Information by Rail

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Advance notice of proposed rulemaking (ANPRM).

-----------------------------------------------------------------------

SUMMARY: PHMSA requests comment on certain provisions of the Fixing 
America's Surface Transportation (FAST) Act of 2015. The FAST Act 
directs the Secretary of Transportation to require Class I railroads 
that transport hazardous materials to generate accurate, real-time, and 
electronic train consist information. Further, the FAST Act includes 
provisions for the railroads to provide fusion centers with electronic 
train consist information to share with State and local first 
responders, emergency response officials, and law enforcement personnel 
during an accident, incident, or emergency. In support of developing 
regulations to implement the FAST Act mandates, PHMSA specifically 
requests comments and information on baseline changes, affected 
entities, and costs and benefits related to fusion centers collecting 
train consist information from railroads and disseminating this 
information in the event of an emergency.

DATES: Comments must be received by April 19, 2017.

ADDRESSES: You may submit comments identified by Docket No. PHMSA-2016-
0015 (HM-263) by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, Routing 
Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
     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 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and 
docket number for this ANPRM 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), including any personal information.
    Docket: For access to the dockets to read background documents or 
comments received, go to http://www.regulations.gov or DOT's Docket 
Operations Office (see ADDRESSES).
    Privacy Act: Anyone is able to search the electronic form of any 
written communications and comments received into any of our dockets by 
the name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register (See 65 FR 19477, April 11, 2000), or you may 
visit http://www.regulations.gov.

[[Page 6452]]


FOR FURTHER INFORMATION CONTACT: Dirk Der Kinderen, (202) 366-4460, 
Standards and Rulemaking Division, Pipeline and Hazardous Materials 
Safety Administration, U.S. Department of Transportation, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

Abbreviations and Terms

ANPRM Advance Notice of Proposed Rulemaking
CFR Code of Federal Regulations
DHS Department of Homeland Security
DOJ Department of Justice
DOT Department of Transportation
EOC Emergency Operations Center
FAST Act Fixing America's Surface Transportation Act of 2015
FDMS Federal Docket Management System
FR Federal Register
Fusion Center State and Major Urban Area Fusion Center
HHFT High-Hazard Flammable Liquid Train
HMR Hazardous Materials Regulations
IT Information Technology
MOU Memorandum of Understanding
NPRM Notice of Proposed Rulemaking
O&M Operations and Management
PHMSA Pipeline and Hazardous Materials Safety Administration
RIA Regulatory Impact Analysis
RIN Regulation Identifier Number
SAR Suspicious Activity Reporting
SERC State Emergency Response Commission
U.S.C. United States Code

Table of Contents

I. Background
    A. FAST Act
    B. Fusion Centers
II. Request for Public Comment
    A. Affected Entities Questions
    B. Baseline Questions
    C. Implementation Questions
    D. Costs Questions
    E. Benefits Questions
III. Regulatory Analysis

I. Background

A. FAST Act

    On December 4, 2015, President Barack Obama signed legislation 
titled, ``Fixing America's Surface Transportation Act of 2015,'' or the 
``FAST Act.'' (See Pub. L. 114-94.) The FAST Act includes the 
``Hazardous Materials Transportation Safety Improvement Act of 2015'' 
(sections 7001 through 7311), which instructs the Secretary of 
Transportation (``Secretary'') to make specific regulatory amendments 
to the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). The 
FAST Act requires Class I railroads to generate accurate, real-time, 
and electronic train consist information that can be provided ``to 
State and local first responders, emergency response officials, and law 
enforcement personnel that are involved in the response to or 
investigation of an accident, incident, or public health or safety 
emergency involving the rail transportation of hazardous materials'' 
and request such electronic train consist information. Section 7302 of 
the FAST Act is structured as follows:
     Section 7302(a)(1), (2), (5), and (7) apply to the sharing 
of the accurate, real-time, and electronic train consist information 
covering all hazardous materials with fusion centers.
     Section 7302(a)(3) and (4) apply to sharing advance 
notification and information on high-hazard flammable trains (HHFTs) 
with State Emergency Response Commissions (SERCs) in accordance with 
Emergency Order DOT-OST-2014-0067.
     Section 7302(a)(6) establishes security and 
confidentiality protections to prevent the public release of security-
sensitive electronic train consist information or the advance 
notification of HHFT movements to unauthorized persons.
    PHMSA intends to publish a notice of proposed rulemaking (NPRM) 
that will propose regulations to address Sec. Sec.  7302(a)(1), (2), 
(5), (6) and (7) of the FAST Act. PHMSA is addressing the SERC 
notification portion of the FAST Act (Sec. Sec.  7302(a)(3), (4) and 
(6)) in a separate rulemaking titled ``Hazardous Materials: Oil Spill 
Response Plans and Information Sharing for High-Hazard Flammable 
Trains'' (RIN: 2137-AF08).\1\ Sections 7302(a)(1), (2), (5), (6), and 
(7) of the FAST Act are discussed in greater detail as follows.
---------------------------------------------------------------------------

    \1\ On July 29, 2016, PHMSA published a Notice of Proposed 
Rulemaking, https://www.regulations.gov/document?D=PHMSA-2014-0105-0240.
---------------------------------------------------------------------------

    Section 7302(a)(1)(A) directs the Secretary to issue regulations 
requiring Class I railroads transporting hazardous materials to 
generate accurate, real-time, and electronic train consist information, 
including:
     The identity, quantity, and location of hazardous 
materials on a train;
     The point of origin and destination of the train;
     Any emergency response information or resources required 
by the Secretary; and
     An emergency response point of contact designated by the 
Class I railroad.
    Subparagraph (a)(1)(B) further directs the Secretary to issue 
regulations requiring Class I railroads to enter into a memorandum of 
understanding (MOU) with each applicable fusion center to provide the 
fusion center with secure and confidential access to the electronic 
train consist information for each train transporting hazardous 
materials in the jurisdiction of the fusion center.
    Section 7302(a)(2) directs the Secretary to issue regulations 
requiring each applicable fusion center to provide the electronic train 
consist information to State and local first responders, emergency 
response officials, and law enforcement personnel who are involved in 
the response to or investigation of an accident, incident, or public 
health or safety emergency involving the rail transportation of 
hazardous materials and request such electronic train consist 
information.
    Section 7302(a)(5) directs the Secretary to issue regulations 
prohibiting any Class I railroad, employee, or agent from withholding, 
or causing to be withheld, the train consist information from first 
responders, emergency response officials, and law enforcement personnel 
described in Sec.  7302(a)(2) in the event of an incident, accident, or 
public health or safety emergency involving the rail transportation of 
hazardous materials.
    Section 7302(a)(6) directs the Secretary to issue regulations 
establishing security and confidentiality protections, including 
protections from the public release of proprietary information or 
security-sensitive information, to prevent the release of real-time 
train consist information to unauthorized persons.
    Section 7302(a)(7) instructs the Secretary to issue regulations 
allowing each Class I railroad to enter into an MOU with any Class II 
railroad or Class III railroad that operates trains over the Class I 
railroad's line to incorporate the Class II railroad or Class III 
railroad's (i.e., regional and short line railroads) train consist 
information within the existing framework described in Sec.  
7302(a)(1).\2\
---------------------------------------------------------------------------

    \2\ Classification of carriers (railroads) in based on annual 
operating revenues. A breakout of Class I, II and III railroads can 
be reviewed at 49 CFR part 1201--Railroad Companies under the 
General Instructions at 1-1(a).
---------------------------------------------------------------------------

B. Fusion Centers

    The FAST Act requires the Secretary to issue regulations requiring 
fusion centers to participate in the gathering and dissemination of 
electronic train consist information. Section 7302(b)(4) of the FAST 
Act indicates that the term ``fusion center'' means a collaborative 
effort of two or more Federal, State, local, or Tribal government 
agencies that combines resources, expertise, or information with the 
goal of maximizing the ability of such agencies to detect, prevent, 
investigate, apprehend, and

[[Page 6453]]

respond to criminal or terrorist activity (6 U.S.C. 124(j)(1)). Since 
2003, the U.S. Department of Homeland Security (DHS) and the U.S. 
Department of Justice (DOJ) have published guidance to support the 
development and implementation of fusion centers as centralized 
entities to improve the sharing of threat-related information related 
to criminal or terrorist activity. Located in states and major urban 
areas throughout the country, fusion centers are owned, operated, and 
staffed by State and local agencies with support from Federal partners. 
The federal support consists of deployed personnel, training, technical 
assistance, exercise support, security clearances, and connectivity to 
federal systems, technology, and grant funding to detect, prevent, 
investigate, apprehend, and respond to criminal or terrorist 
activity.\3\ Specifically, grants from Federal agencies, including DHS 
and DOJ, are leveraged by states to support fusion center operations in 
executing their respective missions.
---------------------------------------------------------------------------

    \3\ See https://www.dhs.gov/national-network-fusion-centers-fact-sheet.
---------------------------------------------------------------------------

    Fusion centers (1) are owned and operated by State and local 
entities and designated by their respective governor; \4\ (2) serve as 
primary focal points within the state and local environment for the 
receipt, analysis, gathering, and sharing of criminal or terrorist 
threat-related information among Federal, State, local, Tribal,\5\ and 
territorial partners; and (3) contribute to the Information Sharing 
Environment through their role in receiving threat information from the 
Federal government; analyzing that information in the context of their 
local environment; disseminating that information to local agencies; 
and gathering tips, leads, and suspicious activity reporting (SAR) from 
local agencies and the public. Fusion centers receive information from 
a variety of sources, including SAR from stakeholders within their 
jurisdictions, as well as federal information and intelligence. They 
analyze the information, reports and threat to disseminate to their 
customers (e.g., law enforcement and homeland security officials), 
thereby assisting homeland security partners at all levels of 
government to identify and address immediate and emerging threats. The 
mission and scope of a fusion center's operation is guided by the State 
or local agency that oversees its operations. Some fusion centers only 
process terrorism information, while others also address criminal-
related information. This focus is directed by the respective State 
and/or local agency.
---------------------------------------------------------------------------

    \4\ See https://www.dhs.gov/fusion-center-locations-and-contact-information.
    \5\ See http://www.it.ojp.gov/documents/TribalParticipationinFusionCenters.pdf.
---------------------------------------------------------------------------

    The intelligence and information collected, analyzed, and shared 
may be strategic, as well as tactical. Information gathering and 
dissemination occur on an ongoing basis. Fusion centers are in a unique 
position to empower front-line law enforcement, public safety, fire 
service,\6\ emergency response,\7\ public health,\8\ critical 
infrastructure protection,\9\ and private sector security personnel to 
gather lawfully and share threat-related information, in accordance 
with the fusion centers' missions and authorities. They provide 
interdisciplinary expertise and situational awareness to inform 
decision-making at all levels of government. Fusion centers conduct 
analyses and facilitate information sharing, assisting law enforcement 
and homeland security partners in preventing, protecting against, and 
responding to crime and terrorism.
---------------------------------------------------------------------------

    \6\ See http://it.ojp.gov/docdownloader.aspx?ddid=1280.
    \7\ See https://www.dhs.gov/fusion-centers-and-emergency-operations-centers.
    \8\ See http://www.it.ojp.gov/docdownloader.aspx?ddid=1450.
    \9\ See http://www.it.ojp.gov/docdownloader.aspx?ddid=1136.
---------------------------------------------------------------------------

    A fusion center differs from an emergency operations center (EOC). 
Fusion centers and EOCs serve distinct, but complementary roles in 
supporting the country's homeland security efforts. Fusion centers 
empower homeland security partners through the lawful gathering, 
analysis, and sharing of threat-related information, while EOCs 
primarily provide information and support to incident management and 
response/recovery coordination activities.\10\
---------------------------------------------------------------------------

    \10\ See https://www.dhs.gov/fusion-centers-and-emergency-operations-centers.
---------------------------------------------------------------------------

II. Request for Public Comment

    With respect to the FAST Act mandate to develop regulations 
applicable to fusion centers, PHMSA is requesting comment and 
information specific to the impact on State and local government fusion 
center operations and first responders, emergency response officials, 
law enforcement personnel, railroads, and any other entity that is 
impacted by this mandate. The purpose of this ANPRM is to inform the 
Regulatory Impact Analysis (RIA) of this rulemaking.
    The request for comment, including information and data are focused 
on the baseline changes, implementation, and costs and benefits 
affecting entities--fusion centers, railroads, and first responders--
that would be impacted by a rulemaking outlining regulations to 
prepare, gather, share, and acquire train consist information. While 
most of these questions are focused on fusion center operations, we 
welcome comments from all stakeholders on any of these questions.

A. Affected Entities Questions

    1. How many fusion centers are located in your State, including 
those associated with major urban areas?
    2. How many fusion centers in your State, including those 
associated with major urban areas, would be affected by the provisions 
of Sec.  7302 of the FAST Act? How many would be required to collect 
and disseminate information? Would it be possible to designate one 
fusion center within your State to collect and disseminate train 
consist data?
    3. How many Class II and III railroads would be affected by Sec.  
7302(a)(7) of the FAST Act? This section of the FAST Act allows Class I 
railroads to enter into an MOU with any Class II or Class III railroad 
that operates trains over the Class I railroad's line to incorporate 
the Class II or Class III railroads' train consist information within 
the existing framework described in Sec.  7302(a)(1). How many Class I 
railroads would enter into an MOU?

B. Baseline Questions

    4. Are fusion centers in your State 24/7 operations? If not, 
describe the coverage of operations on a daily/weekly basis?
    5. Per the DHS Web site description of fusion center activities 
referenced in the subsection titles ``Fusion Centers,'' how frequently 
do fusion centers in your State receive, analyze, gather, and share 
threat-related information? Do fusion centers in your State currently 
perform these activities for hazardous materials on trains? Does 
performance of the activities occur based on a shipment or is it more 
routine and constant (i.e., a 24/7 operation)?
    6. Describe the current level of information technology (IT) and 
data collection and information management system capabilities of your 
State's fusion centers. Do they have the ability to receive and 
disseminate real-time train consist information?
    7. How many employees work at your State's fusion centers? How many 
fusion center employees are employees of your State, employees of 
localities, and other types of employees?
    8. How does your State fund fusion center operations? How are 
grants used?

[[Page 6454]]

Please provide any data on the current cost and budget of your State's 
fusion center operations. What are the break-out costs by labor and IT?
    9. How do first responders currently receive information, or train 
consist information, for hazardous materials in your State?
    10. How do railroads transmit train consist information for 
hazardous materials incidents? Do railroads currently send information 
on hazardous materials train consists to fusion centers? If so, is this 
information sent electronically, such as by the AskRail app, or by some 
other means? \11\ Do railroads send this information to both state and 
large urban area fusion centers?
---------------------------------------------------------------------------

    \11\ For more information on the AskRail App, see https://askrail.us/.
---------------------------------------------------------------------------

    11. Do railroad employees use electronic devices to update train 
consist information? Are these devices proprietary rail-specific 
devices, or off-the-shelf tablets or smartphones with apps that enable 
train consists to be updated and that information relayed to Railinc or 
some other railroad database? \12\
---------------------------------------------------------------------------

    \12\ For more information on Railinc, see https://www.railinc.com/rportal/web/guest/home.
---------------------------------------------------------------------------

    12. PHMSA is also aware of handheld readers.\13\ Are these readers 
capable of tracking changes to train consists and interfacing with rail 
databases such as Railinc to update train consist information in real-
time by cellular or wifi connections? If such devices are not currently 
capable of performing this task, is development of this capability in 
process? How much do these devices cost, what is their read range, and 
what are the ongoing service costs for these devices?
---------------------------------------------------------------------------

    \13\ See http://www.aeitag.com/.
---------------------------------------------------------------------------

    13. Have all Class I railroads developed means by which changes to 
hazardous material train consists can be updated in real-time and 
relayed electronically to the railroads or other entities?
    14. Are there electronic systems that operate on a 24/7 basis to 
relay changes to train consists in real-time at all hours and locations 
throughout the day?

C. Implementation Questions

    The following questions relate to how stakeholders would implement 
Sec.  7302 of the FAST Act.
    15. Would your State identify a particular fusion center to collect 
and disseminate information for your entire State, including major 
urban areas? If not, what other implementation alternatives would your 
State consider?
    16. What type of IT solutions would you consider or require for 
your State's fusion center operations to receive, route, and 
disseminate real-time train consist information? Are there any IT or 
network solutions that would provide automated collection and routing 
to first responders on a 24/7 basis?
    17. Would your State's fusion centers use the same employees to 
conduct criminal, terrorism, and hazardous material information 
collection and dissemination activities? Would employees require 
specialization in these areas?
    18. How many and what types of additional employees would be 
required to implement the provisions of Sec.  7302 of the FAST Act?
    19. How many real-time train consist notifications would be 
received and disseminated by your State's fusion center operations? How 
long would it take to process, analyze, and disseminate notifications?
    20. How would railroads transmit this information to fusion 
centers? If no system to relay this information to fusion centers 
exists, what resources and investments would be necessary to develop 
such a system (e.g., IT development, IT hardware to record changes to 
train consists in real-time, etc.)?
    21. If further IT development or other implementation resources are 
required, what is a reasonable time frame for railroads to develop 
these resources? What barriers might prevent the timely development and 
deployment of these resources?
    22. How would first responders receive real-time train consist 
information? Would first responders need any additional communication 
and technology equipment or enhancements?

D. Costs Questions

    23. What is the additional cost to your State's fusion center 
operations to implement the provisions of Sec.  7302 of the FAST Act? 
What are the initial startup planning and capital investment costs and 
how long would initial startup take in terms of months? What are the 
recurring operations and management (O&M) costs? What are the costs and 
frequencies of any upgrades beyond initial startup and O&M costs? What 
are the initial and recurring training costs? Please provide 
quantitative data if possible.
    24. What is the cost to collect, maintain, and disseminate real-
time train consist notification?
    25. What are the costs associated with electronic devices to record 
and relay changes to train consists in real-time?
    26. What are the costs to establish security and confidentiality 
protections, including protections from the public release of 
proprietary information or security-sensitive information, to prevent 
the release of real-time train consist information to unauthorized 
persons?
    27. What are the costs for Class I railroads to enter into an MOU 
with any Class II railroad or Class III railroad that operates trains 
over the Class I railroad's line to incorporate the Class II railroad's 
or Class III railroad's train consist information within the existing 
framework described in Sec.  7302(a)(1)?
    28. What are the costs for Class I railroads to enter into an MOU 
with each applicable fusion center to provide the fusion center with 
secure and confidential access to the electronic train consist 
information for each train transporting hazardous materials in the 
jurisdiction of the fusion center?
    29. What are the costs to first responders to receive information 
disseminated from fusion centers?
    30. How and where would State fusion centers recover costs to 
implement the provisions of Sec.  7302 of the FAST Act? Would 
implementation require grant funding? If so, from where or whom?

E. Benefits Questions

    31. As a result of implementing Sec.  7302 of the FAST Act, would 
there be a reduction in the response time and incident-related costs 
and damages? Would there be a reduction in the duration of evacuations? 
Please provide quantitative data if possible.
    32. What kind of avoided consequences and benefits to communities 
will be realized as a result of implementing the provisions of Sec.  
7302 of the FAST Act? Avoided consequences may include reduced risks of 
harm to the public and environment in terms of fatalities, injuries and 
hospitalizations, property loss, and damages associated with release of 
hazardous materials into the environment.
    33. Would railroads experience any business benefits from having 
accurate electronic records of train consists in real-time (e.g., 
better ability to update customers on shipment location or delivery 
times/dates, more efficient utilization of railroad resources, etc.)? 
If so, please quantify to the extent possible.

III. Regulatory Analysis

A. Executive Order 12866, Executive Order 13563, and DOT Regulatory 
Policies and Procedures

    This ANPRM has not been designated a ``significant regulatory 
action'' under

[[Page 6455]]

section 3(f) of Executive Order 12866, ``Regulatory Planning and 
Review.'' 58 FR 51735 (Oct. 4, 1993). Accordingly, this ANPRM has not 
been reviewed by the Office of Management and Budget (OMB) and is not 
considered to be a significant regulatory action under the DOT 
Regulatory Policies and Procedures of February 26, 1979. See 44 FR 
11034.
    Executive Order 13563, ``Improving Regulation and Regulatory 
Review,'' 76 FR 3821 (Jan. 21, 2011), supplements and reaffirms the 
principles, structures, and definitions governing regulatory review 
that were established in Executive Order 12866. Together, Executive 
Orders 12866 and 13563 require agencies to regulate in the ``most cost-
effective manner,'' to make a ``reasoned determination that the 
benefits of the intended regulation justify its costs,'' and to develop 
regulations that ``impose the least burden on society.''
    Additionally, Executive Orders 12866 and 13563 require agencies to 
provide a meaningful opportunity for public participation. Therefore, 
PHMSA solicits comment on the questions raised in this ANPRM.

B. Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999), 
requires agencies to assure meaningful and timely input by State and 
local officials in the development of regulatory policies that may have 
``substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.'' We 
invite State and local governments with an interest in this rulemaking 
to comment on any effect that revisions to the HMR relative to the FAST 
Act mandate may cause.

C. Executive Order 13175

    Executive Order 13175, ``Consultation and Coordination and Indian 
Tribal Governments,'' 65 FR 67249 (Nov. 9, 2000), requires agencies to 
assure meaningful and timely input from Indian tribal government 
representatives in the development of rules that ``significantly or 
uniquely affect'' Indian communities and impose ``substantial and 
direct compliance costs'' on such communities. We invite Indian tribal 
governments to provide comment(s) on any potential impacts of a 
rulemaking to implement the FAST Act mandate.

D. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies 
and Procedures

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires 
agencies to consider whether a rulemaking would have a ``significant 
economic impact on a substantial number of small entities.'' Small 
entities include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations under 50,000.
    As such, PHMSA solicits input from small entities on the questions 
presented in this ANPRM. If you believe the FAST Act mandate would have 
a significant economic impact on a substantial number of small 
entities, please submit a comment to PHMSA. In your comment, explain 
the extent of the impact, and whether there may be alternative 
approaches to consider that would minimize any significant impact on 
small business while still meeting the agency's statutory safety 
objectives.
    Any future proposed rule would be developed in accordance with 
Executive Order 13272, ``Proper Consideration of Small Entities in 
Agency Rulemaking,'' 67 FR 53461 (Aug. 16, 2002), as well as DOT's 
procedures and policies, so as to promote compliance with the 
Regulatory Flexibility Act to ensure that potential impacts on small 
entities of a regulatory action are properly considered.

E. Paperwork Reduction Act

    Section 1320.8(d), title 5, Code of Federal Regulations requires 
that PHMSA provide interested members of the public and affected 
agencies an opportunity to comment on information collection and 
recordkeeping requests. It is possible that new or revised information 
collection requirements could occur as a result of any future 
rulemaking action. We invite comment on the need for any collection of 
information and paperwork burdens that may apply as result of a future 
rulemaking.

F. National Environmental Policy Act

    The National Environmental Policy Act of 1969, 42 U.S.C. 4321-4375, 
requires Federal agencies to consider the consequences of major Federal 
actions and prepare a detailed statement on actions significantly 
affecting the quality of the human environment. The Council on 
Environmental Quality (CEQ) regulations require Federal agencies to 
conduct an environmental review considering (1) the need for the 
proposed action, (2) alternatives to the proposed action, (3) probable 
environmental impacts of the proposed action and alternatives, and (4) 
the agencies and persons consulted during the consideration process. 
See 40 CFR 1508.9(b). PHMSA welcomes any data or information related to 
environmental impacts that may result from this rulemaking.

G. Privacy Act

    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register at 65 FR 19477 (April 11, 2000), or you may visit 
http://www.dot.gov/privacy.html.

H. Executive Order 13609 and International Trade Analysis

    Under Executive Order 13609, ``Promoting International Regulatory 
Cooperation,'' 77 FR 26413 (May 4, 2012), agencies must consider 
whether the impacts associated with significant variations between 
domestic and international regulatory approaches are unnecessary, or 
may impair the ability of American business to export and compete 
internationally. In meeting shared challenges involving health, safety, 
labor, security, environmental, and other issues, international 
regulatory cooperation can identify approaches that are at least as 
protective as those that are, or would be, adopted in the absence of 
such cooperation. International regulatory cooperation can also reduce, 
eliminate, or prevent unnecessary differences in regulatory 
requirements.
    Similarly, the Trade Agreements Act of 1979, Public Law 96-39, as 
amended by the Uruguay Round Agreements Act, Public Law 103-465, 
prohibits Federal agencies from establishing any standards or engaging 
in related activities that create unnecessary obstacles to the foreign 
commerce of the United States. For purposes of these requirements, 
Federal agencies may participate in the establishment of international 
standards, so long as the standards have a legitimate domestic 
objective, such as providing for safety, and do not operate to exclude 
imports that meet this objective. The statute also requires 
consideration of international standards and, where appropriate, that 
they be the basis for U.S. standards.
    PHMSA participates in the establishment of international standards 
in order to protect the safety of the

[[Page 6456]]

American public, and we have assessed the effects of this ANPRM to 
ensure that it does not cause unnecessary obstacles to foreign trade. 
Accordingly, this rulemaking is consistent with Executive Order 13609 
and PHMSA's obligations under the Trade Agreement Act, as amended.

I. Statutory/Legal Authority for This Rulemaking

    Federal hazardous materials transportation law, 49 U.S.C. 5101 et 
seq., authorizes the Secretary of Transportation to prescribe 
regulations for the safe transportation, including security, of 
hazardous materials in intrastate, interstate, and foreign commerce. 
The Secretary has delegated this authorization to the Administrator for 
PHMSA. See 49 CFR 1.97. PHMSA is issuing this ANPRM to gather necessary 
information in development of the regulatory impact analysis in support 
of this rulemaking.

J. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN contained in the heading of 
this document can be used to cross-reference this action with the 
Unified Agenda.

    Issued in Washington, DC, on January 13, 2017, under authority 
delegated in 49 CFR part 1.97.
William Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2017-01240 Filed 1-18-17; 8:45 am]
 BILLING CODE 4910-60-P



                                                                               Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Proposed Rules                                         6451

                                                      3052.212–70 Contract terms and                          employees sign the DHS Rules of Behavior               hazardous materials to generate
                                                      conditions applicable to DHS acquisition of             (RoB) before access is provided to DHS                 accurate, real-time, and electronic train
                                                      commercial items.                                       information systems and information                    consist information. Further, the FAST
                                                                                                              resources. The Contractor shall also ensure
                                                      Contract Terms And Conditions                                                                                  Act includes provisions for the railroads
                                                                                                              that employees and subcontractor employees
                                                      Applicable To Dhs Acquisition Of                        sign the DHS RoB before a contractor-owned             to provide fusion centers with electronic
                                                      Commercial Items (Date)                                 and/or operated information system or                  train consist information to share with
                                                                                                              information resource can be used to collect,           State and local first responders,
                                                      *      *     *       *      *                           process, store or transmit CUI and before              emergency response officials, and law
                                                        (b) * * *
                                                                                                              access to the contractor-owned and/or                  enforcement personnel during an
                                                      ____3052.239–7X Information Technology                  operated information system or information             accident, incident, or emergency. In
                                                      Security Awareness Training                             resource is provided to the employee. The              support of developing regulations to
                                                      ■ 7. Amend part 3052 by adding section                  RoB shall be signed within thirty (30) days            implement the FAST Act mandates,
                                                      3052.239–7X to read as follows:                         of contract award. Any new Contractor                  PHMSA specifically requests comments
                                                                                                              employees and subcontractor employees
                                                                                                              assigned to the contract shall also sign the
                                                                                                                                                                     and information on baseline changes,
                                                      3052.239–7X Information technology
                                                      security awareness training.                            DHS RoB before accessing DHS information               affected entities, and costs and benefits
                                                                                                              systems and information resources or                   related to fusion centers collecting train
                                                        As prescribed in (HSAR) 48 CFR                                                                               consist information from railroads and
                                                      3039.7004 contract clause, insert the                   contractor-owned and/or operated
                                                                                                              information systems and information                    disseminating this information in the
                                                      following clause:                                       resources capable of collecting, processing,           event of an emergency.
                                                      Information Technology Security                         storing or transmitting CUI. The DHS RoB is            DATES: Comments must be received by
                                                      Awareness Training (Date)                               accessible at http://www.dhs.gov/dhs-                  April 19, 2017.
                                                                                                              security-and-training-requirements-
                                                         (a) Information Technology Security                  contractors. The Contractor shall maintain             ADDRESSES: You may submit comments
                                                      Awareness Training. The Contractor shall                signed copies of the DHS RoB for all                   identified by Docket No. PHMSA–2016–
                                                      ensure that all employees and subcontractor             Contractor and subcontractor employees as a            0015 (HM–263) by any of the following
                                                      employees complete information technology               record of compliance. Signed copies of the             methods:
                                                      (IT) security awareness training before access          RoB shall be provided to the Contracting                  • Federal eRulemaking Portal: http://
                                                      is provided to DHS information systems and              Officer and/or COR not later than thirty (30)          www.regulations.gov. Follow the
                                                      information resources. The Contractor shall             days after contract award or assignment to             instructions for submitting comments.
                                                      also ensure that employees and subcontractor            the contract. The DHS RoB will be reviewed                • Fax: 1–202–493–2251.
                                                      employees complete IT security awareness                annually and the COR will provide                         • Mail: Docket Management System;
                                                      training before a contractor-owned and/or               notification when a review is required.                U.S. Department of Transportation,
                                                      operated information system or information                (c) Subcontracts. The Contractor shall               West Building, Ground Floor, Room
                                                      resource can be used to collect, process, store         insert this clause in all subcontracts and
                                                      or transmit controlled unclassified                                                                            W12–140, Routing Symbol M–30, 1200
                                                                                                              require subcontractors to include this clause
                                                      information (CUI). Training shall be                    in all lower-tier subcontracts.                        New Jersey Avenue SE., Washington,
                                                      completed within thirty (30) days of contract                                                                  DC 20590.
                                                      award and be completed on an annual basis               (End of clause)                                           • Hand Delivery: To the Docket
                                                      thereafter not later than October 31st of each                                                                 Management System; Room W12–140
                                                                                                              Soraya Correa,
                                                      year. Any new Contractor employees and                                                                         on the ground floor of the West
                                                      subcontractor employees assigned to the                 Chief Procurement Officer, Department of               Building, 1200 New Jersey Avenue SE.,
                                                      contract shall complete the training before             Homeland Security.
                                                                                                                                                                     Washington, DC 20590, between 9 a.m.
                                                      accessing DHS information systems and                   [FR Doc. 2017–00754 Filed 1–18–17; 8:45 am]            and 5 p.m., Monday through Friday,
                                                      information resources or contractor-owned               BILLING CODE 9110–9B–P                                 except Federal holidays.
                                                      and/or operated information systems and                                                                           Instructions: All submissions must
                                                      information resources capable of collecting,
                                                      processing, storing or transmitting CUI under
                                                                                                                                                                     include the agency name and docket
                                                      the contract. IT security awareness training is         DEPARTMENT OF TRANSPORTATION                           number for this ANPRM at the
                                                      accessible at http://www.dhs.gov/dhs-                                                                          beginning of the comment. To avoid
                                                      security-and-training-requirements-                     Pipeline and Hazardous Materials                       duplication, please use only one of
                                                      contractors. The Contractor shall maintain              Safety Administration                                  these four methods. All comments
                                                      copies of training certificates for all                                                                        received will be posted without change
                                                      Contractor and subcontractor employees as a             49 CFR Part 174                                        to the Federal Docket Management
                                                      record of compliance. Initial training                                                                         System (FDMS), including any personal
                                                                                                              [Docket No. PHMSA–2016–0015 (HM–263)]
                                                      certificates for each Contractor and                                                                           information.
                                                      subcontractor employee shall be provided to             RIN 2137–AF21                                             Docket: For access to the dockets to
                                                      the Contracting Officer and/or Contracting
                                                                                                                                                                     read background documents or
                                                      Officer’s Representative (COR) not later than           Hazardous Materials: FAST Act
                                                      thirty (30) days after contract award or
                                                                                                                                                                     comments received, go to http://
                                                                                                              Requirements for Real-Time Train                       www.regulations.gov or DOT’s Docket
                                                      assignment to the contract. Subsequent                  Consist Information by Rail
                                                      training certificates to satisfy the annual IT                                                                 Operations Office (see ADDRESSES).
                                                      security awareness training requirement shall           AGENCY: Pipeline and Hazardous                            Privacy Act: Anyone is able to search
                                                      be submitted to the Contracting Officer and/            Materials Safety Administration                        the electronic form of any written
                                                      or COR via email notification not later than                                                                   communications and comments
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                                                                              (PHMSA), DOT.
                                                      October 31st of each year. The Contractor                                                                      received into any of our dockets by the
                                                                                                              ACTION: Advance notice of proposed
                                                      shall attach training certificates to the email                                                                name of the individual submitting the
                                                      notification and the email notification shall           rulemaking (ANPRM).
                                                                                                                                                                     document (or signing the document, if
                                                      list all Contractor and subcontractor
                                                                                                              SUMMARY:   PHMSA requests comment on                   submitted on behalf of an association,
                                                      employees required to take the training and
                                                      state the required IT security awareness
                                                                                                              certain provisions of the Fixing                       business, labor union, etc.). You may
                                                      training has been completed for all                     America’s Surface Transportation                       review DOT’s complete Privacy Act
                                                      Contractor and subcontractor employees.                 (FAST) Act of 2015. The FAST Act                       Statement in the Federal Register (See
                                                         (b) Rules of Behavior. The Contractor shall          directs the Secretary of Transportation                65 FR 19477, April 11, 2000), or you
                                                      ensure that all employees and subcontractor             to require Class I railroads that transport            may visit http://www.regulations.gov.


                                                 VerDate Sep<11>2014   20:40 Jan 18, 2017   Jkt 241001   PO 00000   Frm 00113   Fmt 4702   Sfmt 4702   E:\FR\FM\19JAP1.SGM   19JAP1


                                                      6452                   Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Proposed Rules

                                                      FOR FURTHER INFORMATION CONTACT:   Dirk                 emergency response officials, and law                  electronic train consist information for
                                                      Der Kinderen, (202) 366–4460,                           enforcement personnel that are involved                each train transporting hazardous
                                                      Standards and Rulemaking Division,                      in the response to or investigation of an              materials in the jurisdiction of the
                                                      Pipeline and Hazardous Materials Safety                 accident, incident, or public health or                fusion center.
                                                      Administration, U.S. Department of                      safety emergency involving the rail                       Section 7302(a)(2) directs the
                                                      Transportation, 1200 New Jersey                         transportation of hazardous materials’’                Secretary to issue regulations requiring
                                                      Avenue SE., Washington, DC 20590–                       and request such electronic train consist              each applicable fusion center to provide
                                                      0001.                                                   information. Section 7302 of the FAST                  the electronic train consist information
                                                                                                              Act is structured as follows:                          to State and local first responders,
                                                      SUPPLEMENTARY INFORMATION:
                                                                                                                 • Section 7302(a)(1), (2), (5), and (7)             emergency response officials, and law
                                                      Abbreviations and Terms                                 apply to the sharing of the accurate,                  enforcement personnel who are
                                                      ANPRM Advance Notice of Proposed                        real-time, and electronic train consist                involved in the response to or
                                                        Rulemaking                                            information covering all hazardous                     investigation of an accident, incident, or
                                                      CFR Code of Federal Regulations                         materials with fusion centers.                         public health or safety emergency
                                                      DHS Department of Homeland Security                        • Section 7302(a)(3) and (4) apply to               involving the rail transportation of
                                                      DOJ Department of Justice                               sharing advance notification and                       hazardous materials and request such
                                                      DOT Department of Transportation                        information on high-hazard flammable                   electronic train consist information.
                                                      EOC Emergency Operations Center                                                                                   Section 7302(a)(5) directs the
                                                      FAST Act Fixing America’s Surface
                                                                                                              trains (HHFTs) with State Emergency
                                                                                                              Response Commissions (SERCs) in                        Secretary to issue regulations
                                                        Transportation Act of 2015
                                                      FDMS Federal Docket Management System                   accordance with Emergency Order                        prohibiting any Class I railroad,
                                                      FR Federal Register                                     DOT–OST–2014–0067.                                     employee, or agent from withholding, or
                                                      Fusion Center State and Major Urban Area                   • Section 7302(a)(6) establishes                    causing to be withheld, the train consist
                                                        Fusion Center                                         security and confidentiality protections               information from first responders,
                                                      HHFT High-Hazard Flammable Liquid                       to prevent the public release of security-             emergency response officials, and law
                                                        Train                                                 sensitive electronic train consist                     enforcement personnel described in
                                                      HMR Hazardous Materials Regulations                                                                            § 7302(a)(2) in the event of an incident,
                                                      IT Information Technology                               information or the advance notification
                                                                                                              of HHFT movements to unauthorized                      accident, or public health or safety
                                                      MOU Memorandum of Understanding
                                                      NPRM Notice of Proposed Rulemaking                      persons.                                               emergency involving the rail
                                                      O&M Operations and Management                              PHMSA intends to publish a notice of                transportation of hazardous materials.
                                                      PHMSA Pipeline and Hazardous Materials                  proposed rulemaking (NPRM) that will                      Section 7302(a)(6) directs the
                                                        Safety Administration                                 propose regulations to address                         Secretary to issue regulations
                                                      RIA Regulatory Impact Analysis                          §§ 7302(a)(1), (2), (5), (6) and (7) of the            establishing security and confidentiality
                                                      RIN Regulation Identifier Number                        FAST Act. PHMSA is addressing the                      protections, including protections from
                                                      SAR Suspicious Activity Reporting                                                                              the public release of proprietary
                                                      SERC State Emergency Response                           SERC notification portion of the FAST
                                                                                                              Act (§§ 7302(a)(3), (4) and (6)) in a                  information or security-sensitive
                                                        Commission                                                                                                   information, to prevent the release of
                                                      U.S.C. United States Code                               separate rulemaking titled ‘‘Hazardous
                                                                                                              Materials: Oil Spill Response Plans and                real-time train consist information to
                                                      Table of Contents                                       Information Sharing for High-Hazard                    unauthorized persons.
                                                                                                                                                                        Section 7302(a)(7) instructs the
                                                      I. Background                                           Flammable Trains’’ (RIN: 2137–AF08).1
                                                                                                                                                                     Secretary to issue regulations allowing
                                                         A. FAST Act                                          Sections 7302(a)(1), (2), (5), (6), and (7)
                                                         B. Fusion Centers                                                                                           each Class I railroad to enter into an
                                                                                                              of the FAST Act are discussed in greater
                                                      II. Request for Public Comment                                                                                 MOU with any Class II railroad or Class
                                                                                                              detail as follows.
                                                         A. Affected Entities Questions                                                                              III railroad that operates trains over the
                                                                                                                 Section 7302(a)(1)(A) directs the
                                                         B. Baseline Questions                                                                                       Class I railroad’s line to incorporate the
                                                                                                              Secretary to issue regulations requiring
                                                         C. Implementation Questions                                                                                 Class II railroad or Class III railroad’s
                                                         D. Costs Questions                                   Class I railroads transporting hazardous
                                                                                                                                                                     (i.e., regional and short line railroads)
                                                         E. Benefits Questions                                materials to generate accurate, real-time,
                                                                                                                                                                     train consist information within the
                                                      III. Regulatory Analysis                                and electronic train consist information,              existing framework described in
                                                                                                              including:                                             § 7302(a)(1).2
                                                      I. Background                                              • The identity, quantity, and location
                                                      A. FAST Act                                             of hazardous materials on a train;                     B. Fusion Centers
                                                                                                                 • The point of origin and destination                  The FAST Act requires the Secretary
                                                         On December 4, 2015, President
                                                                                                              of the train;                                          to issue regulations requiring fusion
                                                      Barack Obama signed legislation titled,
                                                                                                                 • Any emergency response                            centers to participate in the gathering
                                                      ‘‘Fixing America’s Surface
                                                                                                              information or resources required by the               and dissemination of electronic train
                                                      Transportation Act of 2015,’’ or the
                                                                                                              Secretary; and                                         consist information. Section 7302(b)(4)
                                                      ‘‘FAST Act.’’ (See Pub. L. 114–94.) The
                                                                                                                 • An emergency response point of                    of the FAST Act indicates that the term
                                                      FAST Act includes the ‘‘Hazardous
                                                                                                              contact designated by the Class I                      ‘‘fusion center’’ means a collaborative
                                                      Materials Transportation Safety
                                                                                                              railroad.                                              effort of two or more Federal, State,
                                                      Improvement Act of 2015’’ (sections                        Subparagraph (a)(1)(B) further directs
                                                      7001 through 7311), which instructs the                                                                        local, or Tribal government agencies
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                                                                              the Secretary to issue regulations                     that combines resources, expertise, or
                                                      Secretary of Transportation                             requiring Class I railroads to enter into
                                                      (‘‘Secretary’’) to make specific                                                                               information with the goal of maximizing
                                                                                                              a memorandum of understanding                          the ability of such agencies to detect,
                                                      regulatory amendments to the                            (MOU) with each applicable fusion
                                                      Hazardous Materials Regulations (HMR;                                                                          prevent, investigate, apprehend, and
                                                                                                              center to provide the fusion center with
                                                      49 CFR parts 171–180). The FAST Act                     secure and confidential access to the                     2 Classification of carriers (railroads) in based on
                                                      requires Class I railroads to generate
                                                                                                                                                                     annual operating revenues. A breakout of Class I,
                                                      accurate, real-time, and electronic train                 1 On July 29, 2016, PHMSA published a Notice of      II and III railroads can be reviewed at 49 CFR part
                                                      consist information that can be provided                Proposed Rulemaking, https://www.regulations.gov/      1201—Railroad Companies under the General
                                                      ‘‘to State and local first responders,                  document?D=PHMSA-2014-0105-0240.                       Instructions at 1–1(a).



                                                 VerDate Sep<11>2014   20:40 Jan 18, 2017   Jkt 241001   PO 00000   Frm 00114   Fmt 4702   Sfmt 4702   E:\FR\FM\19JAP1.SGM   19JAP1


                                                                             Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Proposed Rules                                            6453

                                                      respond to criminal or terrorist activity               Some fusion centers only process                       costs and benefits affecting entities—
                                                      (6 U.S.C. 124(j)(1)). Since 2003, the U.S.              terrorism information, while others also               fusion centers, railroads, and first
                                                      Department of Homeland Security                         address criminal-related information.                  responders—that would be impacted by
                                                      (DHS) and the U.S. Department of                        This focus is directed by the respective               a rulemaking outlining regulations to
                                                      Justice (DOJ) have published guidance                   State and/or local agency.                             prepare, gather, share, and acquire train
                                                      to support the development and                             The intelligence and information                    consist information. While most of these
                                                      implementation of fusion centers as                     collected, analyzed, and shared may be                 questions are focused on fusion center
                                                      centralized entities to improve the                     strategic, as well as tactical. Information            operations, we welcome comments from
                                                      sharing of threat-related information                   gathering and dissemination occur on                   all stakeholders on any of these
                                                      related to criminal or terrorist activity.              an ongoing basis. Fusion centers are in                questions.
                                                      Located in states and major urban areas                 a unique position to empower front-line
                                                                                                              law enforcement, public safety, fire                   A. Affected Entities Questions
                                                      throughout the country, fusion centers
                                                      are owned, operated, and staffed by                     service,6 emergency response,7 public                     1. How many fusion centers are
                                                      State and local agencies with support                   health,8 critical infrastructure                       located in your State, including those
                                                      from Federal partners. The federal                      protection,9 and private sector security               associated with major urban areas?
                                                      support consists of deployed personnel,                 personnel to gather lawfully and share                    2. How many fusion centers in your
                                                      training, technical assistance, exercise                threat-related information, in                         State, including those associated with
                                                      support, security clearances, and                       accordance with the fusion centers’                    major urban areas, would be affected by
                                                      connectivity to federal systems,                        missions and authorities. They provide                 the provisions of § 7302 of the FAST
                                                      technology, and grant funding to detect,                interdisciplinary expertise and                        Act? How many would be required to
                                                      prevent, investigate, apprehend, and                    situational awareness to inform                        collect and disseminate information?
                                                      respond to criminal or terrorist activity.3             decision-making at all levels of                       Would it be possible to designate one
                                                      Specifically, grants from Federal                       government. Fusion centers conduct                     fusion center within your State to
                                                      agencies, including DHS and DOJ, are                    analyses and facilitate information                    collect and disseminate train consist
                                                      leveraged by states to support fusion                   sharing, assisting law enforcement and                 data?
                                                      center operations in executing their                    homeland security partners in                             3. How many Class II and III railroads
                                                      respective missions.                                    preventing, protecting against, and                    would be affected by § 7302(a)(7) of the
                                                         Fusion centers (1) are owned and                     responding to crime and terrorism.                     FAST Act? This section of the FAST Act
                                                      operated by State and local entities and                   A fusion center differs from an                     allows Class I railroads to enter into an
                                                      designated by their respective                          emergency operations center (EOC).                     MOU with any Class II or Class III
                                                      governor; 4 (2) serve as primary focal                  Fusion centers and EOCs serve distinct,                railroad that operates trains over the
                                                      points within the state and local                       but complementary roles in supporting                  Class I railroad’s line to incorporate the
                                                      environment for the receipt, analysis,                  the country’s homeland security efforts.               Class II or Class III railroads’ train
                                                      gathering, and sharing of criminal or                   Fusion centers empower homeland                        consist information within the existing
                                                      terrorist threat-related information                    security partners through the lawful                   framework described in § 7302(a)(1).
                                                      among Federal, State, local, Tribal,5 and               gathering, analysis, and sharing of                    How many Class I railroads would enter
                                                      territorial partners; and (3) contribute to             threat-related information, while EOCs                 into an MOU?
                                                      the Information Sharing Environment                     primarily provide information and                      B. Baseline Questions
                                                      through their role in receiving threat                  support to incident management and
                                                                                                              response/recovery coordination                            4. Are fusion centers in your State 24/
                                                      information from the Federal
                                                                                                              activities.10                                          7 operations? If not, describe the
                                                      government; analyzing that information
                                                                                                                                                                     coverage of operations on a daily/
                                                      in the context of their local                           II. Request for Public Comment                         weekly basis?
                                                      environment; disseminating that                                                                                   5. Per the DHS Web site description
                                                      information to local agencies; and                         With respect to the FAST Act
                                                                                                              mandate to develop regulations                         of fusion center activities referenced in
                                                      gathering tips, leads, and suspicious                                                                          the subsection titles ‘‘Fusion Centers,’’
                                                      activity reporting (SAR) from local                     applicable to fusion centers, PHMSA is
                                                                                                              requesting comment and information                     how frequently do fusion centers in
                                                      agencies and the public. Fusion centers                                                                        your State receive, analyze, gather, and
                                                      receive information from a variety of                   specific to the impact on State and local
                                                                                                              government fusion center operations                    share threat-related information? Do
                                                      sources, including SAR from                                                                                    fusion centers in your State currently
                                                      stakeholders within their jurisdictions,                and first responders, emergency
                                                                                                              response officials, law enforcement                    perform these activities for hazardous
                                                      as well as federal information and                                                                             materials on trains? Does performance
                                                      intelligence. They analyze the                          personnel, railroads, and any other
                                                                                                              entity that is impacted by this mandate.               of the activities occur based on a
                                                      information, reports and threat to                                                                             shipment or is it more routine and
                                                      disseminate to their customers (e.g., law               The purpose of this ANPRM is to inform
                                                                                                              the Regulatory Impact Analysis (RIA) of                constant (i.e., a 24/7 operation)?
                                                      enforcement and homeland security                                                                                 6. Describe the current level of
                                                      officials), thereby assisting homeland                  this rulemaking.
                                                                                                                 The request for comment, including                  information technology (IT) and data
                                                      security partners at all levels of                                                                             collection and information management
                                                      government to identify and address                      information and data are focused on the
                                                                                                              baseline changes, implementation, and                  system capabilities of your State’s
                                                      immediate and emerging threats. The                                                                            fusion centers. Do they have the ability
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      mission and scope of a fusion center’s                    6 See http://it.ojp.gov/                             to receive and disseminate real-time
                                                      operation is guided by the State or local               docdownloader.aspx?ddid=1280.                          train consist information?
                                                      agency that oversees its operations.                      7 See https://www.dhs.gov/fusion-centers-and-           7. How many employees work at your
                                                                                                              emergency-operations-centers.                          State’s fusion centers? How many fusion
                                                        3 See https://www.dhs.gov/national-network-             8 See http://www.it.ojp.gov/
                                                                                                                                                                     center employees are employees of your
                                                      fusion-centers-fact-sheet.                              docdownloader.aspx?ddid=1450.
                                                        4 See https://www.dhs.gov/fusion-center-                9 See http://www.it.ojp.gov/
                                                                                                                                                                     State, employees of localities, and other
                                                      locations-and-contact-information.                      docdownloader.aspx?ddid=1136.                          types of employees?
                                                        5 See http://www.it.ojp.gov/documents/                  10 See https://www.dhs.gov/fusion-centers-and-          8. How does your State fund fusion
                                                      TribalParticipationinFusionCenters.pdf.                 emergency-operations-centers.                          center operations? How are grants used?


                                                 VerDate Sep<11>2014   20:40 Jan 18, 2017   Jkt 241001   PO 00000   Frm 00115   Fmt 4702   Sfmt 4702   E:\FR\FM\19JAP1.SGM   19JAP1


                                                      6454                   Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Proposed Rules

                                                      Please provide any data on the current                  fusion center operations to receive,                   including protections from the public
                                                      cost and budget of your State’s fusion                  route, and disseminate real-time train                 release of proprietary information or
                                                      center operations. What are the break-                  consist information? Are there any IT or               security-sensitive information, to
                                                      out costs by labor and IT?                              network solutions that would provide                   prevent the release of real-time train
                                                         9. How do first responders currently                 automated collection and routing to first              consist information to unauthorized
                                                      receive information, or train consist                   responders on a 24/7 basis?                            persons?
                                                      information, for hazardous materials in                   17. Would your State’s fusion centers                   27. What are the costs for Class I
                                                      your State?                                             use the same employees to conduct                      railroads to enter into an MOU with any
                                                         10. How do railroads transmit train                  criminal, terrorism, and hazardous                     Class II railroad or Class III railroad that
                                                      consist information for hazardous                       material information collection and                    operates trains over the Class I railroad’s
                                                      materials incidents? Do railroads                       dissemination activities? Would                        line to incorporate the Class II railroad’s
                                                      currently send information on                           employees require specialization in                    or Class III railroad’s train consist
                                                      hazardous materials train consists to                   these areas?                                           information within the existing
                                                      fusion centers? If so, is this information                18. How many and what types of                       framework described in § 7302(a)(1)?
                                                      sent electronically, such as by the                     additional employees would be required                    28. What are the costs for Class I
                                                      AskRail app, or by some other means? 11                 to implement the provisions of § 7302 of               railroads to enter into an MOU with
                                                      Do railroads send this information to                   the FAST Act?                                          each applicable fusion center to provide
                                                      both state and large urban area fusion                    19. How many real-time train consist                 the fusion center with secure and
                                                      centers?                                                notifications would be received and                    confidential access to the electronic
                                                         11. Do railroad employees use                        disseminated by your State’s fusion                    train consist information for each train
                                                      electronic devices to update train                      center operations? How long would it                   transporting hazardous materials in the
                                                      consist information? Are these devices                  take to process, analyze, and                          jurisdiction of the fusion center?
                                                      proprietary rail-specific devices, or off-              disseminate notifications?                                29. What are the costs to first
                                                      the-shelf tablets or smartphones with                     20. How would railroads transmit this                responders to receive information
                                                      apps that enable train consists to be                   information to fusion centers? If no                   disseminated from fusion centers?
                                                      updated and that information relayed to                 system to relay this information to                       30. How and where would State
                                                      Railinc or some other railroad                          fusion centers exists, what resources                  fusion centers recover costs to
                                                      database? 12                                            and investments would be necessary to                  implement the provisions of § 7302 of
                                                         12. PHMSA is also aware of handheld                  develop such a system (e.g., IT                        the FAST Act? Would implementation
                                                      readers.13 Are these readers capable of                 development, IT hardware to record                     require grant funding? If so, from where
                                                      tracking changes to train consists and                  changes to train consists in real-time,                or whom?
                                                      interfacing with rail databases such as                 etc.)?
                                                      Railinc to update train consist                           21. If further IT development or other               E. Benefits Questions
                                                      information in real-time by cellular or                 implementation resources are required,                    31. As a result of implementing § 7302
                                                      wifi connections? If such devices are not               what is a reasonable time frame for                    of the FAST Act, would there be a
                                                      currently capable of performing this                    railroads to develop these resources?                  reduction in the response time and
                                                      task, is development of this capability in              What barriers might prevent the timely                 incident-related costs and damages?
                                                      process? How much do these devices                      development and deployment of these                    Would there be a reduction in the
                                                      cost, what is their read range, and what                resources?                                             duration of evacuations? Please provide
                                                      are the ongoing service costs for these                   22. How would first responders                       quantitative data if possible.
                                                      devices?                                                receive real-time train consist                           32. What kind of avoided
                                                         13. Have all Class I railroads                       information? Would first responders                    consequences and benefits to
                                                      developed means by which changes to                     need any additional communication and                  communities will be realized as a result
                                                      hazardous material train consists can be                technology equipment or                                of implementing the provisions of
                                                      updated in real-time and relayed                        enhancements?                                          § 7302 of the FAST Act? Avoided
                                                      electronically to the railroads or other
                                                                                                              D. Costs Questions                                     consequences may include reduced
                                                      entities?
                                                         14. Are there electronic systems that                                                                       risks of harm to the public and
                                                                                                                 23. What is the additional cost to your             environment in terms of fatalities,
                                                      operate on a 24/7 basis to relay changes                State’s fusion center operations to
                                                      to train consists in real-time at all hours                                                                    injuries and hospitalizations, property
                                                                                                              implement the provisions of § 7302 of                  loss, and damages associated with
                                                      and locations throughout the day?                       the FAST Act? What are the initial                     release of hazardous materials into the
                                                      C. Implementation Questions                             startup planning and capital investment                environment.
                                                                                                              costs and how long would initial startup                  33. Would railroads experience any
                                                         The following questions relate to how                take in terms of months? What are the
                                                      stakeholders would implement § 7302 of                                                                         business benefits from having accurate
                                                                                                              recurring operations and management                    electronic records of train consists in
                                                      the FAST Act.                                           (O&M) costs? What are the costs and
                                                         15. Would your State identify a                                                                             real-time (e.g., better ability to update
                                                                                                              frequencies of any upgrades beyond                     customers on shipment location or
                                                      particular fusion center to collect and
                                                                                                              initial startup and O&M costs? What are                delivery times/dates, more efficient
                                                      disseminate information for your entire
                                                                                                              the initial and recurring training costs?              utilization of railroad resources, etc.)? If
                                                      State, including major urban areas? If
                                                                                                              Please provide quantitative data if
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      not, what other implementation                                                                                 so, please quantify to the extent
                                                                                                              possible.                                              possible.
                                                      alternatives would your State consider?                    24. What is the cost to collect,
                                                         16. What type of IT solutions would                                                                         III. Regulatory Analysis
                                                                                                              maintain, and disseminate real-time
                                                      you consider or require for your State’s
                                                                                                              train consist notification?
                                                                                                                                                                     A. Executive Order 12866, Executive
                                                                                                                 25. What are the costs associated with
                                                        11 For more information on the AskRail App, see                                                              Order 13563, and DOT Regulatory
                                                      https://askrail.us/.                                    electronic devices to record and relay
                                                                                                                                                                     Policies and Procedures
                                                        12 For more information on Railinc, see https://      changes to train consists in real-time?
                                                      www.railinc.com/rportal/web/guest/home.                    26. What are the costs to establish                    This ANPRM has not been designated
                                                        13 See http://www.aeitag.com/.                        security and confidentiality protections,              a ‘‘significant regulatory action’’ under


                                                 VerDate Sep<11>2014   20:40 Jan 18, 2017   Jkt 241001   PO 00000   Frm 00116   Fmt 4702   Sfmt 4702   E:\FR\FM\19JAP1.SGM   19JAP1


                                                                             Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Proposed Rules                                            6455

                                                      section 3(f) of Executive Order 12866,                  D. Regulatory Flexibility Act, Executive               proposed action, (3) probable
                                                      ‘‘Regulatory Planning and Review.’’ 58                  Order 13272, and DOT Policies and                      environmental impacts of the proposed
                                                      FR 51735 (Oct. 4, 1993). Accordingly,                   Procedures                                             action and alternatives, and (4) the
                                                      this ANPRM has not been reviewed by                        The Regulatory Flexibility Act, 5                   agencies and persons consulted during
                                                      the Office of Management and Budget                     U.S.C. 601 et seq., requires agencies to               the consideration process. See 40 CFR
                                                      (OMB) and is not considered to be a                                                                            1508.9(b). PHMSA welcomes any data
                                                                                                              consider whether a rulemaking would
                                                      significant regulatory action under the                                                                        or information related to environmental
                                                                                                              have a ‘‘significant economic impact on
                                                      DOT Regulatory Policies and Procedures                                                                         impacts that may result from this
                                                                                                              a substantial number of small entities.’’
                                                      of February 26, 1979. See 44 FR 11034.                                                                         rulemaking.
                                                                                                              Small entities include small businesses,
                                                         Executive Order 13563, ‘‘Improving                   not-for-profit organizations that are                  G. Privacy Act
                                                      Regulation and Regulatory Review,’’ 76                  independently owned and operated and                     Anyone is able to search the
                                                      FR 3821 (Jan. 21, 2011), supplements                    are not dominant in their fields, and                  electronic form of any written
                                                      and reaffirms the principles, structures,               governmental jurisdictions with                        communications and comments
                                                      and definitions governing regulatory                    populations under 50,000.                              received into any of our dockets by the
                                                      review that were established in                            As such, PHMSA solicits input from                  name of the individual submitting the
                                                                                                              small entities on the questions                        document (or signing the document, if
                                                      Executive Order 12866. Together,
                                                                                                              presented in this ANPRM. If you believe                submitted on behalf of an association,
                                                      Executive Orders 12866 and 13563
                                                                                                              the FAST Act mandate would have a                      business, labor union, etc.). You may
                                                      require agencies to regulate in the ‘‘most
                                                                                                              significant economic impact on a                       review DOT’s complete Privacy Act
                                                      cost-effective manner,’’ to make a                      substantial number of small entities,
                                                      ‘‘reasoned determination that the                                                                              Statement in the Federal Register at 65
                                                                                                              please submit a comment to PHMSA. In                   FR 19477 (April 11, 2000), or you may
                                                      benefits of the intended regulation                     your comment, explain the extent of the                visit http://www.dot.gov/privacy.html.
                                                      justify its costs,’’ and to develop                     impact, and whether there may be
                                                      regulations that ‘‘impose the least                     alternative approaches to consider that                H. Executive Order 13609 and
                                                      burden on society.’’                                    would minimize any significant impact                  International Trade Analysis
                                                         Additionally, Executive Orders 12866                 on small business while still meeting                     Under Executive Order 13609,
                                                      and 13563 require agencies to provide a                 the agency’s statutory safety objectives.              ‘‘Promoting International Regulatory
                                                      meaningful opportunity for public                          Any future proposed rule would be                   Cooperation,’’ 77 FR 26413 (May 4,
                                                      participation. Therefore, PHMSA                         developed in accordance with Executive                 2012), agencies must consider whether
                                                      solicits comment on the questions                       Order 13272, ‘‘Proper Consideration of                 the impacts associated with significant
                                                      raised in this ANPRM.                                   Small Entities in Agency Rulemaking,’’                 variations between domestic and
                                                                                                              67 FR 53461 (Aug. 16, 2002), as well as                international regulatory approaches are
                                                      B. Executive Order 13132                                DOT’s procedures and policies, so as to                unnecessary, or may impair the ability
                                                                                                              promote compliance with the                            of American business to export and
                                                         Executive Order 13132, ‘‘Federalism,’’               Regulatory Flexibility Act to ensure that              compete internationally. In meeting
                                                      64 FR 43255 (Aug. 10, 1999), requires                   potential impacts on small entities of a               shared challenges involving health,
                                                      agencies to assure meaningful and                       regulatory action are properly                         safety, labor, security, environmental,
                                                      timely input by State and local officials               considered.                                            and other issues, international
                                                      in the development of regulatory                                                                               regulatory cooperation can identify
                                                      policies that may have ‘‘substantial                    E. Paperwork Reduction Act
                                                                                                                                                                     approaches that are at least as protective
                                                      direct effects on the States, on the                       Section 1320.8(d), title 5, Code of                 as those that are, or would be, adopted
                                                      relationship between the national                       Federal Regulations requires that                      in the absence of such cooperation.
                                                      government and the States, or on the                    PHMSA provide interested members of                    International regulatory cooperation can
                                                      distribution of power and                               the public and affected agencies an                    also reduce, eliminate, or prevent
                                                      responsibilities among the various                      opportunity to comment on information                  unnecessary differences in regulatory
                                                      levels of government.’’ We invite State                 collection and recordkeeping requests. It              requirements.
                                                      and local governments with an interest                  is possible that new or revised                           Similarly, the Trade Agreements Act
                                                      in this rulemaking to comment on any                    information collection requirements                    of 1979, Public Law 96–39, as amended
                                                      effect that revisions to the HMR relative               could occur as a result of any future                  by the Uruguay Round Agreements Act,
                                                      to the FAST Act mandate may cause.                      rulemaking action. We invite comment                   Public Law 103–465, prohibits Federal
                                                                                                              on the need for any collection of                      agencies from establishing any
                                                      C. Executive Order 13175                                information and paperwork burdens                      standards or engaging in related
                                                                                                              that may apply as result of a future                   activities that create unnecessary
                                                         Executive Order 13175, ‘‘Consultation                rulemaking.                                            obstacles to the foreign commerce of the
                                                      and Coordination and Indian Tribal                                                                             United States. For purposes of these
                                                      Governments,’’ 65 FR 67249 (Nov. 9,                     F. National Environmental Policy Act
                                                                                                                                                                     requirements, Federal agencies may
                                                      2000), requires agencies to assure                        The National Environmental Policy                    participate in the establishment of
                                                      meaningful and timely input from                        Act of 1969, 42 U.S.C. 4321–4375,                      international standards, so long as the
                                                      Indian tribal government representatives                requires Federal agencies to consider                  standards have a legitimate domestic
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      in the development of rules that                        the consequences of major Federal                      objective, such as providing for safety,
                                                      ‘‘significantly or uniquely affect’’ Indian             actions and prepare a detailed statement               and do not operate to exclude imports
                                                      communities and impose ‘‘substantial                    on actions significantly affecting the                 that meet this objective. The statute also
                                                      and direct compliance costs’’ on such                   quality of the human environment. The                  requires consideration of international
                                                      communities. We invite Indian tribal                    Council on Environmental Quality                       standards and, where appropriate, that
                                                      governments to provide comment(s) on                    (CEQ) regulations require Federal                      they be the basis for U.S. standards.
                                                      any potential impacts of a rulemaking to                agencies to conduct an environmental                      PHMSA participates in the
                                                      implement the FAST Act mandate.                         review considering (1) the need for the                establishment of international standards
                                                                                                              proposed action, (2) alternatives to the               in order to protect the safety of the


                                                 VerDate Sep<11>2014   20:40 Jan 18, 2017   Jkt 241001   PO 00000   Frm 00117   Fmt 4702   Sfmt 4702   E:\FR\FM\19JAP1.SGM   19JAP1


                                                      6456                   Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Proposed Rules

                                                      American public, and we have assessed                         Proposed rule; request for
                                                                                                              ACTION:                                                Availability
                                                      the effects of this ANPRM to ensure that                comments.                                                A copy of AAC’s application and any
                                                      it does not cause unnecessary obstacles                                                                        supporting documents, as well as a list
                                                      to foreign trade. Accordingly, this                     SUMMARY:   NMFS has received an                        of the references cited in this document,
                                                      rulemaking is consistent with Executive                 application, pursuant to the Marine                    may be obtained online at:
                                                      Order 13609 and PHMSA’s obligations                     Mammal Protection Act (MMPA), from                     www.nmfs.noaa.gov/pr/permits/
                                                      under the Trade Agreement Act, as                       the Alaska Aerospace Corporation                       incidental/research.htm. In case of
                                                      amended.                                                (AAC) for authorization to take small                  problems accessing these documents,
                                                                                                              numbers of marine mammals incidental                   please call the contact listed above (see
                                                      I. Statutory/Legal Authority for This                   to launching space launch vehicles and
                                                      Rulemaking                                                                                                     FOR FURTHER INFORMATION CONTACT).
                                                                                                              other smaller missile systems at the
                                                         Federal hazardous materials                          Pacific Spaceport Complex Alaska                       Purpose and Need for Regulatory
                                                      transportation law, 49 U.S.C. 5101 et                   (PSCA) for the period of March 15,                     Action
                                                      seq., authorizes the Secretary of                       2017, through March 14, 2022. NMFS is                    This proposed rule, to be issued
                                                      Transportation to prescribe regulations                 proposing regulations to govern that                   under the authority of the MMPA,
                                                      for the safe transportation, including                  take, and requests comments on the                     would establish a framework for
                                                      security, of hazardous materials in                     proposed regulations.                                  authorizing the take of marine mammals
                                                      intrastate, interstate, and foreign                     DATES: Comments and information must                   incidental to launching space vehicles,
                                                      commerce. The Secretary has delegated                   be received no later than February 21,                 target missiles, and other smaller
                                                      this authorization to the Administrator                 2017.                                                  missile systems at the PSCA. We
                                                      for PHMSA. See 49 CFR 1.97. PHMSA                                                                              received an application from AAC
                                                      is issuing this ANPRM to gather                         ADDRESSES:   You may submit comments                   requesting 5-year regulations and
                                                      necessary information in development                    on this document by any of the                         authorization to take one species of
                                                      of the regulatory impact analysis in                    following methods:                                     marine mammals. Take would occur by
                                                      support of this rulemaking.                                • Electronic submission: Submit all                 Level B harassment only, incidental to
                                                                                                              electronic public comments via the                     the space vehicle launches (also referred
                                                      J. Regulation Identifier Number (RIN)
                                                                                                              Federal e-Rulemaking Portal. Go to                     to as rocket launches). The regulations
                                                         A regulation identifier number (RIN)                 www.regulations.gov, enter 2017–0002                   would be valid from March 15, 2017, to
                                                      is assigned to each regulatory action                   in the ‘‘Search’’ box, click the                       March 14, 2022. Please see Background
                                                      listed in the Unified Agenda of Federal                 ‘‘Comment Now!’’ icon, complete the                    below for definitions of harassment.
                                                      Regulations. The Regulatory Information                 required fields, and enter or attach your
                                                      Service Center publishes the Unified                                                                           Legal Authority for the Proposed Action
                                                                                                              comments.
                                                      Agenda in April and October of each                        • Mail: Comments should be                             Section 101(a)(5)(A) of the MMPA
                                                      year. The RIN contained in the heading                  addressed to Jolie Harrison, Chief,                    directs the Secretary of Commerce to
                                                      of this document can be used to cross-                  Permits and Conservation Division,                     allow, upon request, the incidental, but
                                                      reference this action with the Unified                  Office of Protected Resources, National                not intentional taking of small numbers
                                                      Agenda.                                                 Marine Fisheries Service, 1315 East                    of marine mammals by U.S. citizens
                                                        Issued in Washington, DC, on January 13,              West Highway, Silver Spring, MD                        who engage in a specified activity (other
                                                      2017, under authority delegated in 49 CFR               20910.                                                 than commercial fishing) within a
                                                      part 1.97.                                                                                                     specified geographical region for up to
                                                                                                                 Instructions: NMFS may not consider                 five years if, after notice and public
                                                      William Schoonover,                                     comments if they are sent by any other                 comment, the agency makes certain
                                                      Associate Administrator for Hazardous                   method, to any other address or
                                                      Materials Safety, Pipeline and Hazardous                                                                       findings and issues regulations that set
                                                                                                              individual, or received after the end of               forth permissible methods of taking
                                                      Materials Safety Administration.                        the comment period. Attachments to
                                                      [FR Doc. 2017–01240 Filed 1–18–17; 8:45 am]
                                                                                                                                                                     pursuant to that activity, as well as
                                                                                                              electronic comments will be accepted in                monitoring and reporting requirements.
                                                      BILLING CODE 4910–60–P                                  Microsoft Word or Excel or Adobe PDF                   Section 101(a)(5)(A) of the MMPA and
                                                                                                              file formats only. To help NMFS process                the implementing regulations at 50 CFR
                                                                                                              and review comments more efficiently,                  part 216, subpart I provide the legal
                                                      DEPARTMENT OF COMMERCE                                  please use only one method to submit                   basis for issuing this proposed rule
                                                                                                              comments. All comments received are a                  containing 5-year regulations, and for
                                                      National Oceanic and Atmospheric                        part of the public record and will                     any subsequent Letters of Authorization
                                                      Administration                                          generally be posted on                                 (LOA). As directed by this legal
                                                                                                              www.regulations.gov without change.                    authority, this proposed rule contains
                                                      50 CFR Part 217                                         All personal identifying information                   mitigation, monitoring, and reporting
                                                      [Docket No. 160809705–6705–01]                          (e.g., name, address) voluntarily                      requirements.
                                                                                                              submitted by the commenter may be
                                                      RIN 0648–BG25                                                                                                  Summary of Major Provisions Within
                                                                                                              publicly accessible. Do not submit
                                                                                                              confidential business information or                   the Proposed Rule
                                                      Takes of Marine Mammals Incidental to
                                                                                                              otherwise sensitive or protected                         The following provides a summary of
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      Specified Activities; Taking Marine
                                                      Mammals Incidental to Space Vehicle                     information. NMFS will accept                          some of the major provisions within the
                                                      and Missile Launch Operations at                        anonymous comments (enter N/A in the                   proposed rulemaking for AAC’s rocket
                                                      Pacific Spaceport Complex Alaska,                       required fields if you wish to remain                  launch activities. We have preliminarily
                                                      Kodiak Island, Alaska                                   anonymous).                                            determined that AAC’s adherence to the
                                                                                                                                                                     proposed mitigation, monitoring, and
                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                      AGENCY:  National Marine Fisheries                                                                             reporting measures listed below would
                                                      Service (NMFS), National Oceanic and                    Stephanie Egger, Office of Protected                   achieve the least adverse impact
                                                      Atmospheric Administration (NOAA),                      Resources, NMFS, (301) 427–8401.                       practicable on the affected marine
                                                      Commerce.                                               SUPPLEMENTARY INFORMATION:                             mammals. They include:


                                                 VerDate Sep<11>2014   20:40 Jan 18, 2017   Jkt 241001   PO 00000   Frm 00118   Fmt 4702   Sfmt 4702   E:\FR\FM\19JAP1.SGM   19JAP1



Document Created: 2018-02-01 15:15:23
Document Modified: 2018-02-01 15:15:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionAdvance notice of proposed rulemaking (ANPRM).
DatesComments must be received by April 19, 2017.
ContactDirk Der Kinderen, (202) 366-4460, Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
FR Citation82 FR 6451 
RIN Number2137-AF21

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR