[Federal Register Volume 72, Number 6 (Wednesday, January 10, 2007)]
[Proposed Rules]
[Pages 1204-1206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-131]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 172 and 174

[Docket No. RSPA-04-18730 (HM-232E)]
RIN 2137-AE02


Hazardous Materials: Enhancing Rail Transportation Safety and 
Security for Hazardous Materials Shipments

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

ACTION: Notice of public meeting.

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SUMMARY: On December 21, 2006 the Pipeline and Hazardous Materials 
Safety Administration, in consultation with the Federal Railroad 
Administration and the Transportation Security Administration, 
published a notice of proposed rulemaking proposing to revise the 
current requirements in the Hazardous Materials Regulations applicable 
to the safe and secure transportation of hazardous materials 
transported in commerce by rail. Specifically, we are proposing to 
require rail carriers to compile annual data on specified shipments of 
hazardous materials, use the data to analyze safety and security risks 
along rail transportation routes where those materials are transported, 
assess alternative routing options, and make routing decisions based on 
those assessments. We are also proposing clarifications of the current 
security plan requirements to address en route storage, delays in 
transit, delivery notification, and additional security inspection 
requirements for hazardous materials shipments. PHMSA will hold two 
public meetings, on February 1, 2007, in Washington, DC, and February 
9, 2007, in Dallas, Texas, to obtain stakeholder comments on the 
proposed rail security requirements. Information on the dates and 
locations of the public meetings is provided in this notice.

[[Page 1205]]


DATES: Public Meetings:
    (1) February 1, 2007, starting at 9 a.m., in Washington, DC; and
    (2) February 9, 2007, starting at 9 a.m., in Dallas, Texas.
    Comments: In accordance with the timeframe established by the 
December 21, 2006 NPRM, comments to this docket must be received no 
later than February 20, 2007.

ADDRESSES: Public Meetings:
    (1) Holiday Inn Capitol, 550 C Street, SW., Washington, DC 20024.
    (2) Hyatt Regency Dallas Fort Worth Airport, International Parkway, 
P.O. Box 619014, DFW Airport, Texas, USA 75261.
    Oral Presentations: Any person wishing to present an oral statement 
should notify Ben Supko, by telephone or in writing at least four 
business days before the date of the public meeting at which the person 
wishes to speak. Oral statements will be limited to 15 minutes per 
commenter. For information on facilities or services for persons with 
disabilities or to request special assistance at the meetings, contact 
Mr. Supko as soon as possible.
    Docket: To access the docket for review of the comments and 
regulatory actions affecting this rulemaking go to http://dms.dot.gov 
and/or Room PL-401 on the Plaza level of the Nassif Building, 400 
Seventh Street, SW., Washington, DC between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    Written Comments: We invite interested parties who are unable to 
attend the public meeting, or who otherwise desire to submit written 
comments or data to submit any relevant information, data, or comments 
to the DOT Docket Management System Docket Number RSPA-04-18730 by any 
of the following methods:
     Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
    Instructions: You must include the agency name and docket number 
RSPA-04-18730 for this notice at the beginning of your comment. 
Internet users may access comments received by DOT at http://dms.dot.gov. Note that comments received may be posted without change 
to http://dms.dot.gov including any personal information provided. 
Please see the Privacy Act section of this document.
    While all comments should be sent to DOT's Docket Management System 
(DMS), comments or those portions of comments PHMSA determines to 
include trade secrets, confidential commercial information, or 
sensitive security information (SSI) will not be placed in the public 
docket and will be handled separately. If you believe your comments 
contain trade secrets, confidential commercial information, or SSI, 
those comments or the relevant portions of those comments should be 
appropriately marked so that DOT may make a determination. PHMSA 
procedures in 49 CFR part 105 establish a mechanism by which commenters 
may request confidentiality.
    In accordance with 49 CFR 105.30, you may ask PHMSA to keep 
information confidential using the following procedures: (1) Mark 
``confidential'' on each page of the original document you would like 
to keep confidential; (2) send DMS both the original document and a 
second copy of the original document with the confidential information 
deleted; and (3) explain why the information is confidential (such as a 
trade secret, confidential commercial information, or SSI). In your 
explanation, you should provide enough information to enable PHMSA to 
determine whether the information provided is protected by law and must 
be handled separately.
    In addition, for comments or portions of comments that you believe 
contain SSI as defined in 49 CFR 15.7, you should comply with Federal 
regulations governing restrictions on the disclosure of SSI. See 49 CFR 
1520.9 and 49 CFR 15.9, Restrictions on the disclosure of sensitive 
security information. For example, these sections restrict the sharing 
of SSI to those with a need to know, set out the requirement to mark 
the information as SSI, and address how the information should be 
disposed. Note also when mailing in or using a special delivery service 
to send comments containing SSI, comments should be wrapped in a manner 
to prevent the information from being read. PHMSA and TSA may perform 
concurrent reviews on requests for designations as SSI.
    After reviewing your request for confidentiality and the 
information provided, PHMSA will analyze applicable laws and 
regulations to decide whether to treat the information as confidential. 
PHMSA will notify you of the decision to grant or deny confidentiality. 
If PHMSA denies confidentiality, you will be provided an opportunity to 
respond to the denial before the information is publicly disclosed. 
PHMSA will reconsider its decision to deny confidentiality based on 
your response.
    Regarding comments not marked as confidential, prior to posting 
comments received in response to this notice in the public docket, 
PHMSA will review all comments, whether or not they are identified as 
confidential, to determine if the submission or portions of the 
submission contain information that should not be made available to the 
general public. PHMSA will notify you if the agencies make such a 
determination relative to your comment. If, prior to submitting your 
comment, you have any questions concerning the procedures for 
determining confidentiality or security sensitivity, you may call one 
of the individuals listed below under FOR FURTHER INFORMATION CONTACT 
for more information.

FOR FURTHER INFORMATION CONTACT: Susan Gorsky or Ben Supko, Office of 
Hazardous Materials Standards, (202) 366-8553, Pipeline and Hazardous 
Materials Safety Administration, U.S. Department of Transportation, 400 
Seventh Street, SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:
    On December 21, 2006, PHMSA, in consultation with the Federal 
Railroad Administration and the Transportation Security Administration 
of the Department of Homeland Security, published an NPRM proposing to 
revise the current requirements in the Hazardous Materials Regulations 
applicable to the safe and secure transportation of hazardous materials 
transported in commerce by rail. Specifically, the NPRM proposes to 
require rail carriers to compile annual data on specified shipments of 
hazardous materials, use the data to analyze safety and security risks 
along rail transportation routes where those materials are transported, 
assess alternative routing options, and make routing decisions based on 
those assessments. It also proposes to clarify the current security 
plan requirements to address en route storage, delays in transit, 
delivery notification, and additional security inspection requirements 
for hazardous materials shipments. In addition to our NPRM, TSA also 
published an NPRM in the December 21, 2006 edition of the Federal 
Register proposing additional security requirements for rail 
transportation.

[[Page 1206]]

    We urge interested parties to review the NPRM and the regulatory 
evaluation prepared in support of the NPRM and make oral presentations 
regarding the issues we discuss in the documents. A summary of the NPRM 
follows:
     We propose to require rail carriers transporting certain 
types of hazardous materials to compile information and data on the 
commodities transported, including the transportation routes over which 
these commodities are transported.
     We propose to require rail carriers transporting certain 
types of hazardous materials to use the data they compile on 
commodities they transport to analyze the safety and security risks for 
the transportation routes used and one possible alternative route to 
the one used. Rail carriers would be required to utilize these analyses 
to transport these materials over the safest and most secure 
commercially practicable routes.
     We propose to require rail carriers to specifically 
address the security risks associated with shipments delayed in transit 
or temporarily stored in transit as part of their security plans.
     We propose to require rail carriers transporting certain 
types of hazardous materials to notify consignees if there is a 
significant unplanned delay affecting the delivery of the hazardous 
material.
     We propose to require rail carriers to work with shippers 
and consignees to minimize the time a rail car containing certain types 
of hazardous materials is placed on track awaiting pick-up or delivery 
or transfer from one carrier to another.
     We propose to require rail carriers to notify storage 
facilities and consignees when rail cars containing certain types of 
hazardous materials are delivered to a storage or consignee facility.
     We propose to require rail carriers to conduct security 
visual inspections at ground level of rail cars containing hazardous 
materials to inspect for signs of tampering or the introduction of an 
improvised explosive device (IED).
    We are particularly interested in comments related to the 
feasibility and practicability from an operational perspective of the 
proposals in the NPRM, factors that should be considered by railroads 
in making routing decisions, and the costs that would be incurred to 
comply with the requirements proposed in the NPRM.

Documents

    A copy of the December 21, 2006 NPRM, the regulatory evaluation 
prepared in support of the NPRM, and any comments addressed to this 
docket are available through the DOT Docket Management System Web site: 
http://dms.dot.gov and/or Room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

    Issued in Washington, DC, on January 3, 2007, under authority 
delegated in 49 CFR part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. E7-131 Filed 1-9-07; 8:45 am]
BILLING CODE 4910-60-P