83_FR_12585 83 FR 12529 - Request for Information on Regulatory Challenges to Safely Transporting Hazardous Materials by Surface Modes in an Automated Vehicle Environment

83 FR 12529 - Request for Information on Regulatory Challenges to Safely Transporting Hazardous Materials by Surface Modes in an Automated Vehicle Environment

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 83, Issue 56 (March 22, 2018)

Page Range12529-12531
FR Document2018-05785

The Pipeline and Hazardous Materials Safety Administration (PHMSA) requests information on matters related to the development and potential use of automated technologies for surface modes (i.e., highway and rail) in hazardous materials transportation. In anticipation of the development, testing, and integration of Automated Driving Systems in surface transportation, PHMSA is issuing this request for information on the factors the Agency should consider to ensure continued safe transportation of hazardous materials without impeding emerging surface transportation technologies.

Federal Register, Volume 83 Issue 56 (Thursday, March 22, 2018)
[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Proposed Rules]
[Pages 12529-12531]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05785]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 171, 172, 173, 174, 177, 178, 179, and 180

[Docket No. PHMSA-2018-0001; Notice No. 2018-01]


Request for Information on Regulatory Challenges to Safely 
Transporting Hazardous Materials by Surface Modes in an Automated 
Vehicle Environment

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

ACTION: Request for information.

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SUMMARY: The Pipeline and Hazardous Materials Safety Administration 
(PHMSA) requests information on matters related to the development and 
potential use of automated technologies for surface modes (i.e., 
highway and rail) in hazardous materials transportation. In 
anticipation of the development, testing, and integration of Automated 
Driving Systems in surface transportation, PHMSA is issuing this 
request for information on the factors the Agency should consider to 
ensure continued safe transportation of hazardous materials without 
impeding emerging surface transportation technologies.

DATES: Interested persons are invited to submit comments on or before 
May 7, 2018. Comments received after that date will be considered to 
the extent practicable.

ADDRESSES: You may submit comments identified by Docket Number PHMSA-
2018-0001 via any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations, 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 Docket Operations, 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 notice. Internet users

[[Page 12530]]

may access comments received by DOT at: http://www.regulations.gov. 
Please note that comments received will be posted without change to: 
http://www.regulations.gov including any personal information provided.
    Privacy Act: In accordance with 5 U.S.C. 553(c), the DOT solicits 
comments from the public. The DOT posts these comments, without edit, 
including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Matthew Nickels, Senior Regulations 
Officer (PHH-10), U.S. Department of Transportation, Pipeline and 
Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE., 
East Building, 2nd Floor, Washington, DC 20590-0001, Telephone 202-366-
0464, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Overview

    The transportation sector is undergoing a potentially revolutionary 
period, as tasks traditionally performed by humans only are 
increasingly being done, whether in testing or in actual integration, 
by automated technologies. Most prominently, ``Automated Driving 
Systems'' (ADS) have shown the capacity to drive and operate motor 
vehicles, including commercial motor vehicles, as safely and 
efficiently as humans, if not more so. Similar technological 
developments are also occurring in rail.
    DOT, including PHMSA, strongly encourages the safe development, 
testing, and integration of these automated technologies, including the 
potential for these technologies to be used in hazardous materials 
transportation. Although an exciting and important innovation in 
transportation history, the emergence of surface automated vehicles and 
the technologies that support them may create unique and unforeseen 
challenges for hazardous materials transportation. The safe 
transportation of hazardous materials remains PHMSA's top priority, and 
as the development, testing, and integration of surface automated 
vehicles into our transportation system continues, PHMSA must ensure 
the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) 
framework sufficiently takes into account these new technological 
innovations.
    The purpose of this request for information is to obtain public 
comment on how the development of automated technologies may impact the 
HMR, and on the information PHMSA should consider when determining how 
to best ensure the HMR adequately account for surface automated 
vehicles.\1\ In anticipation of the role surface automated vehicles and 
the technologies that support them may play on transportation, the 
movement of freight, and commerce, PHMSA requests comments from the 
public and interested stakeholders--including entities engaged in the 
development, testing, and integration of these technologies--on the 
potential future incompatibilities between the hazardous materials 
transportation requirements in the HMR and a surface transportation 
system that incorporates automated vehicles.
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    \1\ In this notice, PHMSA is not seeking comment on how advances 
in aviation or maritime technology could affect the transportation 
of hazardous materials, though the Agency is considering future 
notices on those issues.
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II. PHMSA's Safety Mission and Regulatory Objectives

    PHMSA is an operating administration within DOT established in 2004 
by the Norman Y. Mineta Research and Special Programs Improvement Act 
(Pub. L. 108-426). PHMSA's mission is to protect people and the 
environment by advancing the safe transportation of energy and other 
hazardous materials that are essential to our daily lives. To achieve 
this mission, PHMSA establishes national policy, sets and enforces 
standards, educates, and conducts research to prevent hazardous 
materials incidents--often collaborating closely with other Federal 
agencies, operating administrations, and transportation modes.
    Federal hazardous materials law authorizes the Secretary to 
``prescribe regulations for the safe transportation, including 
security, of hazardous materials in intrastate, interstate, and foreign 
commerce.'' 49 U.S.C. 5103(b)(1). The Secretary has delegated this 
authority to PHMSA in 49 CFR 1.97(b). The HMR are designed to achieve 
three primary goals: (1) Help ensure that hazardous materials are 
packaged and handled safely and securely during transportation; (2) 
provide effective communication to transportation workers and emergency 
responders of the hazards of the materials being transported; and (3) 
minimize the consequences of an accident or incident should one occur. 
The hazardous materials regulatory system is a risk management system 
that is prevention-oriented and focused on identifying safety or 
security hazards and reducing the probability and consequences of a 
hazardous material release.
    Under the HMR, hazardous materials are categorized into hazard 
classes and packing groups based on analysis of and experience with the 
risks they present during transportation. The HMR: (1) Specify 
appropriate packaging and handling requirements for hazardous materials 
based on this classification and require a shipper to communicate the 
material's hazards through the use of shipping papers, package marking 
and labeling, and vehicle placarding; (2) require shippers to provide 
emergency response information applicable to the specific hazard or 
hazards of the material being transported; and (3) mandate training 
requirements for persons who prepare hazardous materials for shipment 
or transport hazardous materials in commerce. The HMR also include 
operational requirements applicable to each mode of transportation.
    As such, PHMSA--in continued collaboration with the Federal Motor 
Carrier Safety Administration and the Federal Railroad Administration--
seeks information regarding the design, development, and potential use 
of automated transportation systems to safely transport hazardous 
materials by surface mode in compliance with the HMR, and to identify 
requirements within the HMR which may impede the integration of this 
technology.

III. Special Permit Program Allows Regulatory Flexibility To Foster 
Innovation

    PHMSA safely incorporates technological innovation through its 
special permit (SP) program. SPs set forth alternative requirements--or 
a variance--to the requirements in the HMR in a manner that achieves an 
equivalent level of safety to that required under the regulations, or 
if a required safety level does not exist, that is consistent with the 
public interest. PHMSA's Approvals and Permits Division is responsible 
for the issuance of DOT SPs. Specifically, SPs are issued by PHMSA 
under 49 CFR part 107, subpart B.
    The HMR often provide performance-based standards and, as such, 
provide the regulated community with some flexibility in meeting safety 
requirements. Even so, not every transportation situation can be 
anticipated and covered under the regulations. The hazardous materials 
community is at the cutting edge of development of new materials, 
technologies, and innovative ways of moving hazardous materials. 
Innovation

[[Page 12531]]

strengthens our economy, and new technologies and operational 
techniques may enhance safety. Thus, SPs provide a mechanism for 
testing and using new technologies, promoting increased transportation 
efficiency and productivity, and ensuring global competitiveness 
without compromising safety. SPs enable the hazardous materials 
industry to safely, quickly, and effectively integrate new products and 
technologies into production and the transportation stream.

IV. Additional DOT Guidance

    PHMSA requests information related to the development and potential 
use of surface automated vehicles and the technologies that support 
them in hazardous materials transportation by highway or rail. For 
additional background on ADS for motor vehicles, PHMSA notes that DOT 
and the National Highway Traffic Safety Administration (NHTSA) released 
guidance in the Automated Driving Systems 2.0: A Vision for Safety,\2\ 
on September 12, 2017. Further, NHTSA issued a notice [September 15, 
2017; 82 FR 43321] making the public aware of the guidance and seeking 
comment. This voluntary guidance, among other things, describes the 
levels of ``Automated Driving Systems'' for on-road motor vehicles 
developed by SAE International (see SAE J3016, September 2016) and 
adopted by DOT.
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    \2\ See https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/13069a-ads2.0_090617_v9a_tag.pdf
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    The SAE definitions divide vehicles into levels based on ``who does 
what, when.'' Generally:
     At SAE Level 0, the driver does everything.
     At SAE Level 1, an automated system on the vehicle can 
sometimes assist the driver conduct some parts of the driving task.
     At SAE Level 2, an automated system on the vehicle can 
actually conduct some parts of the driving task, while the driver 
continues to monitor the driving environment and performs the rest of 
the driving task.
     At SAE Level 3, an automated system can both actually 
conduct some parts of the driving task and monitor the driving 
environment in some instances, but the driver must be ready to take 
back control when the automated system requests.
     At SAE Level 4, an automated system can conduct the 
driving task and monitor the driving environment, and the driver need 
not take back control, but the automated system can operate only in 
certain environments and under certain conditions.
     At SAE Level 5, the automated system can perform all 
driving tasks, under all conditions that a driver could perform them.

V. Questions

    PHMSA requests comments on the implications of the development, 
testing, and integration of automated technologies for surface modes 
(i.e., highway and rail) on both the HMR and the general transport of 
hazardous materials.
    Specifically, PHMSA asks:
    1. What are the safety, regulatory, and policy implications of the 
design, testing, and integration of surface automated vehicles on the 
requirements in the HMR? Please include any potential solutions PHMSA 
should consider.
    2. What are potential regulatory incompatibilities between the HMR 
and a future surface transportation system that incorporates automated 
vehicles? Specific HMR areas could include but are not limited to:

(a) Emergency response information and hazard communication
(b) Packaging and handling requirements, including pre-transportation 
functions
(c) Incident response and reporting
(d) Safety and security plans (e.g., en route security)
(e) Modal requirements (e.g., highway and rail)

    3. Are there specific HMR requirements that would need 
modifications to become performance-based standards that can 
accommodate an automated vehicle operating in a surface transportation 
system?
    4. What automated surface transportation technologies are under 
development that are expected to be relevant to the safe transport of 
hazardous materials, and how might they be used in a surface 
transportation system?
    5. Under what circumstances do freight operators envision the 
transportation of hazardous materials in commerce using surface 
automated vehicles within the next 10 years?
    (a) To what extent do the HMR restrict the use of surface automated 
vehicles in the transportation of hazardous materials in non-bulk 
packaging in parcel delivery and less-than-truckload freight shipments 
by commercial motor vehicles?
    (b) To what extent do the HMR restrict the use of surface automated 
vehicles in the transportation of hazardous materials in bulk packaging 
by rail and commercial motor vehicles?
    6. What issues do automated technologies raise in hazardous 
materials surface transportation that are not present for human drivers 
or operators that PHMSA should address?
    7. Do HMR requirements that relate to the operation of surface 
automated vehicles carrying hazardous materials present different 
challenges than those that relate to ancillary tasks, such as 
inspections and packaging requirements?
    8. What solutions could PHMSA consider to address potential future 
regulatory incompatibilities between the HMR and surface automated 
vehicle technologies?
    9. What should PHMSA consider when reviewing applications for 
special permits seeking regulatory flexibility to allow for the 
transport of hazardous materials using automated technologies for 
surface modes?
    10. When considering long-term solutions to challenges the HMR may 
present to the development, testing, and integration of surface 
automated vehicles, what information and other factors should PHMSA 
consider?
    11. What should PHMSA consider when developing future policy, 
guidance, and regulations for the safe transportation of hazardous 
materials in surface transportation systems?

    Signed in Washington, DC, on March 16, 2018.
Drue Pearce,
Deputy Administrator, Pipeline and Hazardous Materials Safety 
Administration.
[FR Doc. 2018-05785 Filed 3-21-18; 8:45 am]
 BILLING CODE 4910-60-P



                                                                        Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Proposed Rules                                          12529

                                                 E. Small Business Regulatory                            distribution or use, and has determined               DEPARTMENT OF TRANSPORTATION
                                                 Enforcement Fairness Act                                that the rule will not have a significant
                                                    As required by Congress under the                    adverse effect.                                       Pipeline and Hazardous Materials
                                                 Small Business Regulatory Enforcement                                                                         Safety Administration
                                                                                                         K. Plain Writing Act of 2010
                                                 Fairness Act of 1996 (5 U.S.C. 801 et
                                                 seq.), HHS will report the promulgation                                                                       49 CFR Parts 107, 171, 172, 173, 174,
                                                                                                            Under Public Law 111–274 (October
                                                 of this rule to Congress prior to its                                                                         177, 178, 179, and 180
                                                                                                         13, 2010), executive Departments and
                                                 effective date.                                         Agencies are required to use plain                    [Docket No. PHMSA–2018–0001; Notice No.
                                                                                                         language in documents that explain to                 2018–01]
                                                 F. Unfunded Mandates Reform Act of
                                                 1995                                                    the public how to comply with a
                                                                                                                                                               Request for Information on Regulatory
                                                                                                         requirement the Federal government
                                                    Title II of the Unfunded Mandates                                                                          Challenges to Safely Transporting
                                                 Reform Act of 1995 (2 U.S.C. 1531 et                    administers or enforces. HHS has                      Hazardous Materials by Surface Modes
                                                 seq.) directs agencies to assess the                    attempted to use plain language in                    in an Automated Vehicle Environment
                                                 effects of Federal regulatory actions on                promulgating the proposed rule
                                                 State, local, and Tribal governments,                   consistent with the Federal Plain                     AGENCY:  Pipeline and Hazardous
                                                 and the private sector ‘‘other than to the              Writing Act guidelines.                               Materials Safety Administration
                                                 extent that such regulations incorporate                                                                      (PHMSA), Department of Transportation
                                                                                                         List of Subjects in 42 CFR Part 84                    (DOT).
                                                 requirements specifically set forth in
                                                 law.’’ For purposes of the Unfunded                       Mine safety and health, Occupational                ACTION: Request for information.
                                                 Mandates Reform Act, this proposed                      safety and health, Personal protective                SUMMARY:   The Pipeline and Hazardous
                                                 rule does not include any Federal                       equipment, Respirators.                               Materials Safety Administration
                                                 mandate that may result in increased
                                                                                                         Proposed Rule                                         (PHMSA) requests information on
                                                 annual expenditures in excess of $100
                                                                                                                                                               matters related to the development and
                                                 million by State, local or Tribal
                                                                                                           For the reasons discussed in the                    potential use of automated technologies
                                                 governments in the aggregate, or by the
                                                                                                         preamble, the Department of Health and                for surface modes (i.e., highway and
                                                 private sector.
                                                                                                         Human Services proposes to amend 42                   rail) in hazardous materials
                                                 G. Executive Order 12988 (Civil Justice                 CFR 84.310 as follows:                                transportation. In anticipation of the
                                                 Reform)                                                                                                       development, testing, and integration of
                                                   This proposed rule has been drafted                   PART 84—APPROVAL OF                                   Automated Driving Systems in surface
                                                 and reviewed in accordance with                         RESPIRATORY PROTECTIVE DEVICES                        transportation, PHMSA is issuing this
                                                 Executive Order 12988 and will not                                                                            request for information on the factors
                                                 unduly burden the Federal court                         ■ 1. The authority citation for part 84               the Agency should consider to ensure
                                                 system. This rule has been reviewed                     continues to read as follows:                         continued safe transportation of
                                                 carefully to eliminate drafting errors and                                                                    hazardous materials without impeding
                                                                                                            Authority: 29 U.S.C. 651 et seq.; 30 U.S.C.
                                                 ambiguities.                                                                                                  emerging surface transportation
                                                                                                         3, 5, 7, 811, 842(h), 844.
                                                                                                                                                               technologies.
                                                 H. Executive Order 13132 (Federalism)
                                                                                                         ■ 2. Amend § 84.310 by removing                       DATES:  Interested persons are invited to
                                                    HHS has reviewed this proposed rule                  paragraph (d), redesignating paragraphs               submit comments on or before May 7,
                                                 in accordance with Executive Order                      (e)–(g) as (d)–(f), and revising paragraph            2018. Comments received after that date
                                                 13132 regarding federalism, and has                     (c) to read as follows:                               will be considered to the extent
                                                 determined that it does not have                                                                              practicable.
                                                 ‘‘federalism implications.’’ The rule                   § 84.310    Post-approval testing.
                                                 does not ‘‘have substantial direct effects                                                                    ADDRESSES:  You may submit comments
                                                                                                         *      *     *    *     *                             identified by Docket Number PHMSA–
                                                 on the States, on the relationship
                                                                                                           (c) NIOSH will conduct such testing                 2018–0001 via any of the following
                                                 between the national government and
                                                 the States, or on the distribution of                   pursuant to the methods specified in                  methods:
                                                 power and responsibilities among the                    §§ 84.303 through 84.305, except as                     • Federal eRulemaking Portal: Go to
                                                 various levels of government.’’                         provided under paragraphs (a)(1) and(a)               http://www.regulations.gov. Follow the
                                                                                                         (2) of this section:.                                 online instructions for submitting
                                                 I. Executive Order 13045 (Protection of                                                                       comments.
                                                                                                           (1) Post-approval tests may exclude
                                                 Children From Environmental Health
                                                                                                         human subject testing and                               • Fax: 1–202–493–2251.
                                                 Risks and Safety Risks)                                                                                         • Mail: Docket Operations, U.S.
                                                                                                         environmental conditioning at the
                                                    In accordance with Executive Order                                                                         Department of Transportation, West
                                                                                                         discretion of NIOSH.
                                                 13045, HHS has evaluated the                                                                                  Building, Ground Floor, Room W12–
                                                 environmental health and safety effects                   (2) The numbers of units in an                      140, Routing Symbol M–30, 1200 New
                                                 of this proposed rule on children. HHS                  approved CCER to be tested under this                 Jersey Avenue SE, Washington, DC
                                                 has determined that the rule would have                 section may exceed the numbers of                     20590.
                                                 no environmental health and safety                      units specified for testing in §§ 84.304                • Hand Delivery: To Docket
                                                 effect on children.                                     and 84.305.                                           Operations, Room W12–140 on the
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                                                                                                           Dated: March 16, 2018.                              ground floor of the West Building, 1200
                                                 J. Executive Order 13211 (Actions                                                                             New Jersey Avenue SE, Washington, DC
                                                 Concerning Regulations That                             Alex M. Azar II,
                                                                                                                                                               20590, between 9 a.m. and 5 p.m.,
                                                 Significantly Affect Energy Supply,                     Secretary, Department of Health and Human             Monday through Friday, except Federal
                                                 Distribution, or Use)                                   Services.                                             holidays.
                                                    In accordance with Executive Order                   [FR Doc. 2018–05775 Filed 3–21–18; 8:45 am]             Instructions: All submissions must
                                                 13211, HHS has evaluated the effects of                 BILLING CODE 4163–19–P                                include the agency name and docket
                                                 this proposed rule on energy supply,                                                                          number for this notice. Internet users


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                                                 12530                  Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Proposed Rules

                                                 may access comments received by DOT                     on how the development of automated                   and reducing the probability and
                                                 at: http://www.regulations.gov. Please                  technologies may impact the HMR, and                  consequences of a hazardous material
                                                 note that comments received will be                     on the information PHMSA should                       release.
                                                 posted without change to: http://                       consider when determining how to best                    Under the HMR, hazardous materials
                                                 www.regulations.gov including any                       ensure the HMR adequately account for                 are categorized into hazard classes and
                                                 personal information provided.                          surface automated vehicles.1 In                       packing groups based on analysis of and
                                                    Privacy Act: In accordance with 5                    anticipation of the role surface                      experience with the risks they present
                                                 U.S.C. 553(c), the DOT solicits                         automated vehicles and the technologies               during transportation. The HMR: (1)
                                                 comments from the public. The DOT                       that support them may play on                         Specify appropriate packaging and
                                                 posts these comments, without edit,                     transportation, the movement of freight,              handling requirements for hazardous
                                                 including any personal information the                  and commerce, PHMSA requests                          materials based on this classification
                                                 commenter provides, to http://                          comments from the public and                          and require a shipper to communicate
                                                 www.regulations.gov, as described in                    interested stakeholders—including                     the material’s hazards through the use of
                                                 the system of records notice (DOT/ALL–                  entities engaged in the development,                  shipping papers, package marking and
                                                 14 FDMS), which can be reviewed at                      testing, and integration of these                     labeling, and vehicle placarding; (2)
                                                 http://www.dot.gov/privacy.                             technologies—on the potential future                  require shippers to provide emergency
                                                 FOR FURTHER INFORMATION CONTACT:                        incompatibilities between the hazardous               response information applicable to the
                                                 Matthew Nickels, Senior Regulations                     materials transportation requirements in              specific hazard or hazards of the
                                                 Officer (PHH–10), U.S. Department of                    the HMR and a surface transportation                  material being transported; and (3)
                                                 Transportation, Pipeline and Hazardous                  system that incorporates automated                    mandate training requirements for
                                                 Materials Safety Administration, 1200                   vehicles.                                             persons who prepare hazardous
                                                 New Jersey Avenue SE., East Building,                                                                         materials for shipment or transport
                                                                                                         II. PHMSA’s Safety Mission and                        hazardous materials in commerce. The
                                                 2nd Floor, Washington, DC 20590–0001,                   Regulatory Objectives                                 HMR also include operational
                                                 Telephone 202–366–0464,                                    PHMSA is an operating                              requirements applicable to each mode of
                                                 Matthew.Nickels@dot.gov.                                administration within DOT established                 transportation.
                                                 SUPPLEMENTARY INFORMATION:                              in 2004 by the Norman Y. Mineta                          As such, PHMSA—in continued
                                                 I. Overview                                             Research and Special Programs                         collaboration with the Federal Motor
                                                                                                         Improvement Act (Pub. L. 108–426).                    Carrier Safety Administration and the
                                                    The transportation sector is                         PHMSA’s mission is to protect people                  Federal Railroad Administration—seeks
                                                 undergoing a potentially revolutionary                  and the environment by advancing the                  information regarding the design,
                                                 period, as tasks traditionally performed                safe transportation of energy and other               development, and potential use of
                                                 by humans only are increasingly being                   hazardous materials that are essential to             automated transportation systems to
                                                 done, whether in testing or in actual                   our daily lives. To achieve this mission,             safely transport hazardous materials by
                                                 integration, by automated technologies.                 PHMSA establishes national policy, sets               surface mode in compliance with the
                                                 Most prominently, ‘‘Automated Driving                   and enforces standards, educates, and                 HMR, and to identify requirements
                                                 Systems’’ (ADS) have shown the                          conducts research to prevent hazardous                within the HMR which may impede the
                                                 capacity to drive and operate motor                     materials incidents—often collaborating               integration of this technology.
                                                 vehicles, including commercial motor                    closely with other Federal agencies,
                                                 vehicles, as safely and efficiently as                                                                        III. Special Permit Program Allows
                                                                                                         operating administrations, and
                                                 humans, if not more so. Similar                                                                               Regulatory Flexibility To Foster
                                                                                                         transportation modes.
                                                 technological developments are also                        Federal hazardous materials law                    Innovation
                                                 occurring in rail.                                      authorizes the Secretary to ‘‘prescribe                  PHMSA safely incorporates
                                                    DOT, including PHMSA, strongly                       regulations for the safe transportation,              technological innovation through its
                                                 encourages the safe development,                        including security, of hazardous                      special permit (SP) program. SPs set
                                                 testing, and integration of these                       materials in intrastate, interstate, and              forth alternative requirements—or a
                                                 automated technologies, including the                   foreign commerce.’’ 49 U.S.C.                         variance—to the requirements in the
                                                 potential for these technologies to be                  5103(b)(1). The Secretary has delegated               HMR in a manner that achieves an
                                                 used in hazardous materials                             this authority to PHMSA in 49 CFR                     equivalent level of safety to that
                                                 transportation. Although an exciting                    1.97(b). The HMR are designed to                      required under the regulations, or if a
                                                 and important innovation in                             achieve three primary goals: (1) Help                 required safety level does not exist, that
                                                 transportation history, the emergence of                ensure that hazardous materials are                   is consistent with the public interest.
                                                 surface automated vehicles and the                      packaged and handled safely and                       PHMSA’s Approvals and Permits
                                                 technologies that support them may                      securely during transportation; (2)                   Division is responsible for the issuance
                                                 create unique and unforeseen challenges                 provide effective communication to                    of DOT SPs. Specifically, SPs are issued
                                                 for hazardous materials transportation.                 transportation workers and emergency                  by PHMSA under 49 CFR part 107,
                                                 The safe transportation of hazardous                    responders of the hazards of the                      subpart B.
                                                 materials remains PHMSA’s top                           materials being transported; and (3)                     The HMR often provide performance-
                                                 priority, and as the development,                       minimize the consequences of an                       based standards and, as such, provide
                                                 testing, and integration of surface                     accident or incident should one occur.                the regulated community with some
                                                 automated vehicles into our                             The hazardous materials regulatory                    flexibility in meeting safety
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                                                 transportation system continues,                        system is a risk management system that               requirements. Even so, not every
                                                 PHMSA must ensure the Hazardous                         is prevention-oriented and focused on                 transportation situation can be
                                                 Materials Regulations (HMR; 49 CFR                      identifying safety or security hazards                anticipated and covered under the
                                                 parts 171–180) framework sufficiently                                                                         regulations. The hazardous materials
                                                 takes into account these new                              1 In this notice, PHMSA is not seeking comment
                                                                                                                                                               community is at the cutting edge of
                                                                                                         on how advances in aviation or maritime               development of new materials,
                                                 technological innovations.                              technology could affect the transportation of
                                                    The purpose of this request for                      hazardous materials, though the Agency is             technologies, and innovative ways of
                                                 information is to obtain public comment                 considering future notices on those issues.           moving hazardous materials. Innovation


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                                                                         Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Proposed Rules                                                12531

                                                 strengthens our economy, and new                          • At SAE Level 5, the automated                     materials surface transportation that are
                                                 technologies and operational techniques                 system can perform all driving tasks,                 not present for human drivers or
                                                 may enhance safety. Thus, SPs provide                   under all conditions that a driver could              operators that PHMSA should address?
                                                 a mechanism for testing and using new                   perform them.                                            7. Do HMR requirements that relate to
                                                 technologies, promoting increased                                                                             the operation of surface automated
                                                                                                         V. Questions                                          vehicles carrying hazardous materials
                                                 transportation efficiency and
                                                 productivity, and ensuring global                          PHMSA requests comments on the                     present different challenges than those
                                                 competitiveness without compromising                    implications of the development,                      that relate to ancillary tasks, such as
                                                 safety. SPs enable the hazardous                        testing, and integration of automated                 inspections and packaging
                                                 materials industry to safely, quickly,                  technologies for surface modes (i.e.,                 requirements?
                                                 and effectively integrate new products                  highway and rail) on both the HMR and                    8. What solutions could PHMSA
                                                 and technologies into production and                    the general transport of hazardous                    consider to address potential future
                                                 the transportation stream.                              materials.                                            regulatory incompatibilities between the
                                                                                                            Specifically, PHMSA asks:                          HMR and surface automated vehicle
                                                 IV. Additional DOT Guidance                                1. What are the safety, regulatory, and            technologies?
                                                    PHMSA requests information related                   policy implications of the design,                       9. What should PHMSA consider
                                                 to the development and potential use of                 testing, and integration of surface                   when reviewing applications for special
                                                 surface automated vehicles and the                      automated vehicles on the requirements                permits seeking regulatory flexibility to
                                                 technologies that support them in                       in the HMR? Please include any                        allow for the transport of hazardous
                                                 hazardous materials transportation by                   potential solutions PHMSA should                      materials using automated technologies
                                                 highway or rail. For additional                         consider.                                             for surface modes?
                                                 background on ADS for motor vehicles,                      2. What are potential regulatory                      10. When considering long-term
                                                 PHMSA notes that DOT and the                            incompatibilities between the HMR and                 solutions to challenges the HMR may
                                                 National Highway Traffic Safety                         a future surface transportation system                present to the development, testing, and
                                                 Administration (NHTSA) released                         that incorporates automated vehicles?                 integration of surface automated
                                                 guidance in the Automated Driving                       Specific HMR areas could include but                  vehicles, what information and other
                                                 Systems 2.0: A Vision for Safety,2 on                   are not limited to:                                   factors should PHMSA consider?
                                                 September 12, 2017. Further, NHTSA                      (a) Emergency response information and                   11. What should PHMSA consider
                                                 issued a notice [September 15, 2017; 82                    hazard communication                               when developing future policy,
                                                 FR 43321] making the public aware of                    (b) Packaging and handling                            guidance, and regulations for the safe
                                                 the guidance and seeking comment.                          requirements, including pre-                       transportation of hazardous materials in
                                                 This voluntary guidance, among other                       transportation functions                           surface transportation systems?
                                                 things, describes the levels of                         (c) Incident response and reporting
                                                                                                                                                                 Signed in Washington, DC, on March 16,
                                                 ‘‘Automated Driving Systems’’ for on-                   (d) Safety and security plans (e.g., en
                                                                                                                                                               2018.
                                                 road motor vehicles developed by SAE                       route security)
                                                                                                         (e) Modal requirements (e.g., highway                 Drue Pearce,
                                                 International (see SAE J3016, September
                                                 2016) and adopted by DOT.                                  and rail)                                          Deputy Administrator, Pipeline and
                                                    The SAE definitions divide vehicles                                                                        Hazardous Materials Safety Administration.
                                                                                                            3. Are there specific HMR
                                                 into levels based on ‘‘who does what,                                                                         [FR Doc. 2018–05785 Filed 3–21–18; 8:45 am]
                                                                                                         requirements that would need
                                                 when.’’ Generally:                                      modifications to become performance-                  BILLING CODE 4910–60–P
                                                    • At SAE Level 0, the driver does                    based standards that can accommodate
                                                 everything.                                             an automated vehicle operating in a
                                                    • At SAE Level 1, an automated                       surface transportation system?                        DEPARTMENT OF COMMERCE
                                                 system on the vehicle can sometimes                        4. What automated surface
                                                 assist the driver conduct some parts of                 transportation technologies are under                 National Oceanic and Atmospheric
                                                 the driving task.                                       development that are expected to be                   Administration
                                                    • At SAE Level 2, an automated                       relevant to the safe transport of
                                                 system on the vehicle can actually                      hazardous materials, and how might                    50 CFR Part 648
                                                 conduct some parts of the driving task,                 they be used in a surface transportation              [Docket No. 180110022–8022–01]
                                                 while the driver continues to monitor                   system?
                                                 the driving environment and performs                       5. Under what circumstances do                     RIN 0648–BH52
                                                 the rest of the driving task.                           freight operators envision the
                                                    • At SAE Level 3, an automated                       transportation of hazardous materials in
                                                                                                                                                               Magnuson-Stevens Fishery
                                                 system can both actually conduct some                                                                         Conservation and Management Act
                                                                                                         commerce using surface automated                      Provisions; Fisheries of the
                                                 parts of the driving task and monitor the
                                                                                                         vehicles within the next 10 years?                    Northeastern United States; Northeast
                                                 driving environment in some instances,                     (a) To what extent do the HMR restrict
                                                 but the driver must be ready to take                                                                          Multispecies Fishery; Framework
                                                                                                         the use of surface automated vehicles in
                                                 back control when the automated                                                                               Adjustment 57
                                                                                                         the transportation of hazardous
                                                 system requests.                                        materials in non-bulk packaging in
                                                    • At SAE Level 4, an automated                                                                             AGENCY:  National Marine Fisheries
                                                                                                         parcel delivery and less-than-truckload               Service (NMFS), National Oceanic and
                                                 system can conduct the driving task and
                                                                                                         freight shipments by commercial motor                 Atmospheric Administration (NOAA),
                                                 monitor the driving environment, and
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                                                                         vehicles?                                             Commerce.
                                                 the driver need not take back control,
                                                                                                            (b) To what extent do the HMR                      ACTION: Proposed rule.
                                                 but the automated system can operate
                                                                                                         restrict the use of surface automated
                                                 only in certain environments and under                                                                        SUMMARY:   This action proposes approval
                                                                                                         vehicles in the transportation of
                                                 certain conditions.                                                                                           of, and regulations to implement,
                                                                                                         hazardous materials in bulk packaging
                                                    2 See https://www.nhtsa.gov/sites/nhtsa.dot.gov/     by rail and commercial motor vehicles?                Framework Adjustment 57 to the
                                                 files/documents/13069a-ads2.0_090617_v9a_                  6. What issues do automated                        Northeast Multispecies Fishery
                                                 tag.pdf                                                 technologies raise in hazardous                       Management Plan. This rule would set


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Document Created: 2018-03-22 01:25:08
Document Modified: 2018-03-22 01:25:08
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
ActionRequest for information.
DatesInterested persons are invited to submit comments on or before May 7, 2018. Comments received after that date will be considered to the extent practicable.
ContactMatthew Nickels, Senior Regulations Officer (PHH-10), U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE., East Building, 2nd Floor, Washington, DC 20590-0001, Telephone 202-366- 0464, [email protected]
FR Citation83 FR 12529 
CFR Citation49 CFR 107
49 CFR 171
49 CFR 172
49 CFR 173
49 CFR 174
49 CFR 177
49 CFR 178
49 CFR 179
49 CFR 180

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