83 FR 13464 - Request for Information on Regulatory Challenges to Safely Transporting Hazardous Materials by Surface Modes in an Automated Vehicle Environment; Correction
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration Federal Register Volume 83, Issue 61 (March 29, 2018)
Pipeline and Hazardous Materials Safety Administration
Federal Register Volume 83, Issue 61 (March 29, 2018)
| Page Range | 13464-13466 | |
| FR Document | 2018-06290 |
[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)] [Proposed Rules] [Pages 13464-13466] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06290] ======================================================================= ----------------------------------------------------------------------- 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; Correction AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Request for information; correction. ----------------------------------------------------------------------- SUMMARY: This request for information notice replaces the version published in the Federal Register on March 22, 2018 (83 FR 12529), to make technical corrections to the prior version. 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 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. Additionally, PHMSA acknowledges that ongoing advances in aviation and maritime technology could also affect the transportation of hazardous materials and plans to address these issues in future notices, as necessary. DOT, including PHMSA, strongly encourages the safe development, testing, and integration of 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 recognizes the need to work with State and modal partners to 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 [[Page 13465]] system that incorporates automated vehicles. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- This request for information notice replaces the version published in the Federal Register on March 22, 2018 (83 FR 12529),\2\ to make technical corrections to the prior version. --------------------------------------------------------------------------- \2\ See https://www.thefederalregister.org/fdsys/pkg/FR-2018-03-22/pdf/2018-05785.pdf. --------------------------------------------------------------------------- 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. PHMSA collaborates closely with other Federal agencies, operating administrations, and transportation modes, in addition to coordinating with State and local governments and authorities to ensure the safe movement of hazardous materials by highway and rail in or around local communities. 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, further necessitating that hazardous materials standards and regulations be coordinated in intrastate, interstate, and foreign commerce. 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 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,\3\ 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. --------------------------------------------------------------------------- \3\ See https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/13069a-ads2.0_090617_v9a_tag.pdf. --------------------------------------------------------------------------- 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, [[Page 13466]] 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. How might potential changes to the HMR for integration of surface automated vehicle technologies impact current requirements for human drivers or operators (i.e., training)? 8. 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? 9. How will the behavioral responses of road and railway users change with the integration of surface automated vehicle technologies? What will the reaction be to automated vehicles or rail cars with markings denoting the presence of hazardous materials? 10. What solutions could PHMSA consider to address potential future regulatory incompatibilities between the HMR and surface automated vehicle technologies? 11. 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? 12. 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? 13. 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 23, 2018. Drue Pearce, Deputy Administrator, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 2018-06290 Filed 3-28-18; 8:45 am] BILLING CODE 4910-60-P
![13464 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules
copying at the FCC Reference PHMSA is issuing this request for done, whether in testing or in actual
Information Center, 445 12th Street SW, information on the factors the Agency integration, by automated technologies.
Room CY–A257, Washington, DC 20554. should consider to ensure continued Most prominently, ‘‘Automated Driving
It also may be accessed online via the safe transportation of hazardous Systems’’ (ADS) have shown the
Commission’s Electronic Comment materials without impeding emerging capacity to drive and operate motor
Filing System at: http://apps.fcc.gov/ surface transportation technologies. vehicles, including commercial motor
ecfs/. The Commission will not send a DATES: Interested persons are invited to vehicles, as safely and efficiently as
Congressional Review Act (CRA) submit comments on or before May 7, humans, if not more so. Similar
submission to Congress or the 2018. Comments received after that date technological developments are also
Government Accountability Office will be considered to the extent occurring in rail. Additionally, PHMSA
pursuant to the CRA, 5.U.S.C. because practicable. acknowledges that ongoing advances in
no rules are being adopted by the aviation and maritime technology could
ADDRESSES: You may submit comments
Commission. also affect the transportation of
identified by Docket Number PHMSA–
Subject: Authorizing Permissive Use hazardous materials and plans to
2018–0001 via any of the following
of the ‘‘Next Generation’’ Broadcast address these issues in future notices, as
methods:
Television Standard, Report and Order, • Federal eRulemaking Portal: Go to necessary.
FCC 17–158, published at 83 FR 4998, http://www.regulations.gov. Follow the DOT, including PHMSA, strongly
February 2, 2018, in GN Docket No. 16– online instructions for submitting encourages the safe development,
142. This document is being published comments. testing, and integration of automated
pursuant to 47 CFR 1.429(e). See also 47 • Fax: 1–202–493–2251. technologies, including the potential for
CFR 1.4(b)(1) and 1.429(f), (g). • Mail: Docket Operations, U.S. these technologies to be used in
Number of Petitions Filed: 2. Department of Transportation, West hazardous materials transportation.
Federal Communications Commission. Building, Ground Floor, Room W12– Although an exciting and important
Katura Jackson, 140, Routing Symbol M–30, 1200 New innovation in transportation history, the
Federal Register Liaison Officer, Office of the Jersey Avenue SE, Washington, DC emergence of surface automated
Secretary. 20590. vehicles and the technologies that
[FR Doc. 2018–06372 Filed 3–28–18; 8:45 am] • Hand Delivery: To Docket support them may create unique and
BILLING CODE 6712–01–P
Operations, Room W12–140 on the unforeseen challenges for hazardous
ground floor of the West Building, 1200 materials transportation. The safe
New Jersey Avenue SE, Washington, DC transportation of hazardous materials
20590, between 9 a.m. and 5 p.m., remains PHMSA’s top priority, and as
DEPARTMENT OF TRANSPORTATION
Monday through Friday, except Federal the development, testing, and
Pipeline and Hazardous Materials holidays. integration of surface automated
Safety Administration Instructions: All submissions must vehicles into our transportation system
include the agency name and docket continues, PHMSA recognizes the need
49 CFR Parts 107, 171, 172, 173, 174, number for this notice. Internet users to work with State and modal partners
177, 178, 179, and 180 may access comments received by DOT to ensure the Hazardous Materials
at: http://www.regulations.gov. Please Regulations (HMR; 49 CFR parts 171–
[Docket No. PHMSA–2018–0001; Notice No. note that comments received will be
2018–01] 180) framework sufficiently takes into
posted without change to: http:// account these new technological
www.regulations.gov including any innovations.
Request for Information on Regulatory
personal information provided.
Challenges to Safely Transporting Privacy Act: In accordance with 5 The purpose of this request for
Hazardous Materials by Surface Modes U.S.C. 553(c), the DOT solicits information is to obtain public comment
in an Automated Vehicle Environment; comments from the public. The DOT on how the development of automated
Correction posts these comments, without edit, technologies may impact the HMR, and
AGENCY: Pipeline and Hazardous including any personal information the on the information PHMSA should
Materials Safety Administration commenter provides, to http:// consider when determining how to best
(PHMSA), Department of Transportation www.regulations.gov, as described in ensure the HMR adequately account for
(DOT). the system of records notice (DOT/ALL– surface automated vehicles.1 In
14 FDMS), which can be reviewed at anticipation of the role surface
ACTION: Request for information;
http://www.dot.gov/privacy. automated vehicles and the technologies
correction. that support them may play on
FOR FURTHER INFORMATION CONTACT:
SUMMARY: This request for information Matthew Nickels, Senior Regulations transportation, the movement of freight,
notice replaces the version published in Officer (PHH–10), U.S. Department of and commerce, PHMSA requests
the Federal Register on March 22, 2018 Transportation, Pipeline and Hazardous comments from the public and
(83 FR 12529), to make technical Materials Safety Administration, 1200 interested stakeholders—including
corrections to the prior version. The New Jersey Avenue SE, East Building, entities engaged in the development,
Pipeline and Hazardous Materials Safety 2nd Floor, Washington, DC 20590–0001, testing, and integration of these
Administration (PHMSA) requests Telephone 202–366–0464, technologies—on the potential future
rmajette on DSKBCKNHB2PROD with PROPOSALS
information on matters related to the Matthew.Nickels@dot.gov. incompatibilities between the hazardous
development and potential use of materials transportation requirements in
SUPPLEMENTARY INFORMATION:
automated technologies for surface the HMR and a surface transportation
modes (i.e., highway and rail) in I. Overview
1 In this notice, PHMSA is not seeking comment
hazardous materials transportation. In The transportation sector is
on how advances in aviation or maritime
anticipation of the development, testing, undergoing a potentially revolutionary technology could affect the transportation of
and integration of Automated Driving period, as tasks traditionally performed hazardous materials, though the Agency is
Systems in surface transportation, by humans only are increasingly being considering future notices on those issues.
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![Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules 13465
system that incorporates automated and require a shipper to communicate safety. SPs enable the hazardous
vehicles. the material’s hazards through the use of materials industry to safely, quickly,
This request for information notice shipping papers, package marking and and effectively integrate new products
replaces the version published in the labeling, and vehicle placarding; (2) and technologies into production and
Federal Register on March 22, 2018 (83 require shippers to provide emergency the transportation stream.
FR 12529),2 to make technical response information applicable to the
corrections to the prior version. IV. Additional DOT Guidance
specific hazard or hazards of the
material being transported; and (3) PHMSA requests information related
II. PHMSA’s Safety Mission and to the development and potential use of
Regulatory Objectives mandate training requirements for
persons who prepare hazardous surface automated vehicles and the
PHMSA is an operating materials for shipment or transport technologies that support them in
administration within DOT established hazardous materials in commerce. The hazardous materials transportation by
in 2004 by the Norman Y. Mineta HMR also include operational highway or rail. For additional
Research and Special Programs requirements applicable to each mode of background on ADS for motor vehicles,
Improvement Act (Pub. L. 108–426). transportation, further necessitating that PHMSA notes that DOT and the
PHMSA’s mission is to protect people hazardous materials standards and National Highway Traffic Safety
and the environment by advancing the regulations be coordinated in intrastate, Administration (NHTSA) released
safe transportation of energy and other interstate, and foreign commerce. guidance in the Automated Driving
hazardous materials that are essential to As such, PHMSA—in continued Systems 2.0: A Vision for Safety,3 on
our daily lives. To achieve this mission, collaboration with the Federal Motor September 12, 2017. Further, NHTSA
PHMSA establishes national policy, sets Carrier Safety Administration and the issued a notice [September 15, 2017; 82
and enforces standards, educates, and Federal Railroad Administration—seeks FR 43321] making the public aware of
conducts research to prevent hazardous information regarding the design, the guidance and seeking comment.
materials incidents. PHMSA development, and potential use of This voluntary guidance, among other
collaborates closely with other Federal automated transportation systems to things, describes the levels of
agencies, operating administrations, and safely transport hazardous materials by ‘‘Automated Driving Systems’’ for on-
transportation modes, in addition to surface mode in compliance with the road motor vehicles developed by SAE
coordinating with State and local HMR, and to identify requirements International (see SAE J3016, September
governments and authorities to ensure within the HMR which may impede the 2016) and adopted by DOT.
the safe movement of hazardous integration of this technology. The SAE definitions divide vehicles
materials by highway and rail in or into levels based on ‘‘who does what,
III. Special Permit Program Allows when.’’ Generally:
around local communities.
Federal hazardous materials law Regulatory Flexibility To Foster • At SAE Level 0, the driver does
authorizes the Secretary to ‘‘prescribe Innovation everything.
regulations for the safe transportation, PHMSA safely incorporates • At SAE Level 1, an automated
including security, of hazardous technological innovation through its system on the vehicle can sometimes
materials in intrastate, interstate, and special permit (SP) program. SPs set assist the driver conduct some parts of
foreign commerce.’’ 49 U.S.C. forth alternative requirements—or a the driving task.
5103(b)(1). The Secretary has delegated variance—to the requirements in the • At SAE Level 2, an automated
this authority to PHMSA in 49 CFR HMR in a manner that achieves an system on the vehicle can actually
1.97(b). The HMR are designed to equivalent level of safety to that conduct some parts of the driving task,
achieve three primary goals: (1) Help required under the regulations, or if a while the driver continues to monitor
ensure that hazardous materials are required safety level does not exist, that the driving environment and performs
packaged and handled safely and is consistent with the public interest. the rest of the driving task.
PHMSA’s Approvals and Permits • At SAE Level 3, an automated
securely during transportation; (2)
Division is responsible for the issuance system can both actually conduct some
provide effective communication to
of DOT SPs. Specifically, SPs are issued parts of the driving task and monitor the
transportation workers and emergency
by PHMSA under 49 CFR part 107, driving environment in some instances,
responders of the hazards of the
subpart B. but the driver must be ready to take
materials being transported; and (3)
The HMR often provide performance- back control when the automated
minimize the consequences of an
based standards and, as such, provide system requests.
accident or incident should one occur. • At SAE Level 4, an automated
The hazardous materials regulatory the regulated community with some
flexibility in meeting safety system can conduct the driving task and
system is a risk management system that monitor the driving environment, and
is prevention-oriented and focused on requirements. Even so, not every
transportation situation can be the driver need not take back control,
identifying safety or security hazards but the automated system can operate
and reducing the probability and anticipated and covered under the
regulations. The hazardous materials only in certain environments and under
consequences of a hazardous material certain conditions.
release. community is at the cutting edge of
development of new materials, • At SAE Level 5, the automated
Under the HMR, hazardous materials system can perform all driving tasks,
are categorized into hazard classes and technologies, and innovative ways of
moving hazardous materials. Innovation under all conditions that a driver could
packing groups based on analysis of and
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strengthens our economy, and new perform them.
experience with the risks they present
during transportation. The HMR: (1) technologies and operational techniques V. Questions
Specify appropriate packaging and may enhance safety. Thus, SPs provide
PHMSA requests comments on the
handling requirements for hazardous a mechanism for testing and using new
implications of the development,
materials based on this classification technologies, promoting increased
transportation efficiency and 3 See https://www.nhtsa.gov/sites/nhtsa.dot.gov/
2 Seehttps://www.gpo.gov/fdsys/pkg/FR-2018-03- productivity, and ensuring global files/documents/13069a-ads2.0_090617_v9a_
22/pdf/2018-05785.pdf. competitiveness without compromising tag.pdf.
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![13466 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules
testing, and integration of automated 8. Do HMR requirements that relate to amending regulations governing the
technologies for surface modes (i.e., the operation of surface automated utilization of purse seine vessel capacity
highway and rail) on both the HMR and vehicles carrying hazardous materials limits associated with the Regional
the general transport of hazardous present different challenges than those Vessel Register of the Inter-American
materials. that relate to ancillary tasks, such as Tropical Tuna Commission. This
Specifically, PHMSA asks: inspections and packaging advance notice of proposed rulemaking
1. What are the safety, regulatory, and requirements? (ANPR) is intended to provide notice to
policy implications of the design, 9. How will the behavioral responses the public of our planning efforts and
testing, and integration of surface of road and railway users change with request comment that will assist in
automated vehicles on the requirements the integration of surface automated identifying revised administrative
in the HMR? Please include any vehicle technologies? What will the processes to improve the efficient
potential solutions PHMSA should reaction be to automated vehicles or rail utilization and management of capacity
consider. cars with markings denoting the limits. This information will help
2. What are potential regulatory presence of hazardous materials? inform our evaluation of what, if any,
incompatibilities between the HMR and 10. What solutions could PHMSA regulatory amendments are necessary
a future surface transportation system consider to address potential future and advisable.
that incorporates automated vehicles? regulatory incompatibilities between the DATES: Comments must be submitted in
Specific HMR areas could include but HMR and surface automated vehicle writing by April 30, 2018.
are not limited to: technologies? ADDRESSES: You may submit comments
(a) Emergency response information and 11. What should PHMSA consider on this document, identified by NOAA-
hazard communication when reviewing applications for special
(b) Packaging and handling NMFS-2018-0030, by any of the
permits seeking regulatory flexibility to following methods:
requirements, including pre- allow for the transport of hazardous
transportation functions • Electronic Submission: Submit all
materials using automated technologies electronic public comments via the
(c) Incident response and reporting for surface modes?
(d) Safety and security plans (e.g., en Federal e-Rulemaking Portal. Go to
12. When considering long-term www.regulations.gov/
route security) solutions to challenges the HMR may
(e) Modal requirements (e.g., highway #!docketDetail;D=NOAA-NMFS-2018-
present to the development, testing, and 0030, click the ‘‘Comment Now!’’ icon,
and rail) integration of surface automated
3. Are there specific HMR complete the required fields, and enter
vehicles, what information and other or attach your comments.
requirements that would need factors should PHMSA consider?
modifications to become performance- • Mail: Attn: Heidi Taylor, Highly
13. What should PHMSA consider Migratory Species Branch Chief, NMFS
based standards that can accommodate when developing future policy,
an automated vehicle operating in a West Coast Region, 501 W Ocean Blvd.,
guidance, and regulations for the safe Suite 4200, Long Beach, CA 90802.
surface transportation system? transportation of hazardous materials in
4. What automated surface Include the identifier ‘‘NOAA–NMFS–
surface transportation systems? 2018–0030’’ in the comments.
transportation technologies are under
development that are expected to be Signed in Washington, DC, on March 23, Instructions: Comments sent by any
relevant to the safe transport of 2018. other method, to any other address or
hazardous materials, and how might Drue Pearce, individual, or received after the end of
they be used in a surface transportation Deputy Administrator, Pipeline and the comment period, may not be
system? Hazardous Materials Safety Administration. considered by NMFS. All comments
5. Under what circumstances do [FR Doc. 2018–06290 Filed 3–28–18; 8:45 am] received are a part of the public record
freight operators envision the BILLING CODE 4910–60–P and will generally be posted for public
transportation of hazardous materials in viewing on www.regulations.gov
commerce using surface automated without change. All personal identifying
vehicles within the next 10 years? DEPARTMENT OF COMMERCE information (e.g., name, address, etc.),
(a) To what extent do the HMR restrict confidential business information, or
the use of surface automated vehicles National Oceanic and Atmospheric otherwise sensitive information
in the transportation of hazardous Administration submitted voluntarily by the sender will
materials in non-bulk packaging in be publicly accessible. NMFS will
parcel delivery and less-than- 50 CFR Part 300 accept anonymous comments (enter
truckload freight shipments by ‘‘N/A’’ in the required fields if you wish
[Docket No. 171227999–8273–01]
commercial motor vehicles? to remain anonymous).
(b) To what extent do the HMR restrict RIN 0648–BH48 FOR FURTHER INFORMATION CONTACT:
the use of surface automated vehicles Daniel Studt, NMFS West Coast Region,
in the transportation of hazardous Tuna Conventions Act; Advance 562–980–4073.
materials in bulk packaging by rail Notice of Rulemaking; Regulatory
SUPPLEMENTARY INFORMATION:
and commercial motor vehicles? Amendments to Procedures for the
Active and Inactive Vessel Register Background on the IATTC
6. What issues do automated
technologies raise in hazardous AGENCY: National Marine Fisheries The United States is a member of the
rmajette on DSKBCKNHB2PROD with PROPOSALS
materials surface transportation that are Service (NMFS), National Oceanic and Inter-American Tropical Tuna
not present for human drivers or Atmospheric Administration (NOAA), Commission (IATTC), which was
operators that PHMSA should address? Commerce. established under the 1949 Convention
7. How might potential changes to the ACTION: Advance notice of proposed for the Establishment of an Inter-
HMR for integration of surface rulemaking; request for comment. American Tropical Tuna Commission.
automated vehicle technologies impact In 2003, the IATTC adopted the
current requirements for human drivers SUMMARY: The National Marine Convention for the Strengthening of the
or operators (i.e., training)? Fisheries Service (NMFS) is considering IATTC Established by the 1949
VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1](https://thefederalregister.org/doc/83_FR_13525/page/3.svg)
Document Created: 2018-03-29 00:25:18
Document Modified: 2018-03-29 00:25:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Request for information; correction. | |
| 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. | |
| 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] | |
| FR Citation | 83 FR 13464 | |
| CFR Citation | 49
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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