[Federal Register Volume 78, Number 214 (Tuesday, November 5, 2013)]
[Proposed Rules]
[Pages 66326-66327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26402]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 173, 174, 178, 179, and 180
[Docket No. PHMSA-2012-0082 (HM-251)]
RIN 2137-AE91
Hazardous Materials: Rail Petitions and Recommendations To
Improve the Safety of Railroad Tank Car Transportation (RRR)
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Advance Notice of Proposed Rulemaking (ANPRM), extension of
comment period.
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SUMMARY: PHMSA is notifying the public of our intent to extend the
comment period by 30 days for a notice of proposed rulemaking published
on September 6, 2013.
DATES: The comment period for the ANPRM closing on November 5, 2013 is
extended until December 5, 2013. To the extent possible, PHMSA will
consider late-filed comments during the next stage of the rulemaking
process.
ADDRESSES: You may submit comments identified by the docket number
(PHMSA-2012-0082) by 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 at the beginning of the comment. Note
that all comments received will be posted without change to the docket
management system, including any personal information provided.
Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov, or DOT's Docket
Operations Office (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Karl Alexy, (202) 493-6245, Office of
Safety Assurance and Compliance, Federal Railroad Administration or Ben
Supko, (202) 366-8553, Standards and Rulemaking Division, Pipeline and
Hazardous Materials Safety Administration, US Department of
Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On September 6, 2013, PHMSA published a notice of proposed
rulemaking (ANPRM; 78 FR 54849) seeking public comments on whether
issues raised in eight petitions and four NTSB recommendations would
enhance safety, revise, and clarify the Hazardous Materials Regulations
(HMR; 49 CFR parts 171-180) with regard to rail transport.
Specifically, we requested comments on important amendments that would:
(1) Enhance the standards
[[Page 66327]]
for DOT Specification 111 tank cars used to transport Packing Group I
and II hazardous materials; (2) explore the feasibility of additional
operational requirements to enhance the safe transportation of Packing
Group I and II hazardous materials; (3) afford DOT greater discretion
to authorize the movement of non-conforming tank cars; (4) correct
regulations that allow an unsafe condition associated with pressure
relief valves (PRV) on rail cars transporting carbon dioxide,
refrigerated liquid; (5) revise outdated regulations applicable to the
repair and maintenance of DOT Specification 110, DOT Specification 106,
and ICC 27 tank car tanks (ton tanks); and (6) except rupture discs
from removal if the inspection itself would damage, change, or alter
the intended operation of the device.
II. Comment Period Extension
We received a request to extend the comment period by 90-days from
the Sierra Club on behalf of Climate Parents, Columbia Riverkeeper,
ForestEthics, Friends of Earth, Natural Resources Defense Council, Oil
Change International, San Francisco Baykeeper, Spokane Riverkeeper,
Washington Environmental Council, and the Waterkeeper Alliance. The
request indicates that the primary basis for extension is to allow the
public a meaningful review of these proposed changes in rail safety,
especially regarding tank cars transporting crude oil and tar sands
while highlighting several recent tank car incidents. The request also
indicates that the recent government shutdown prevented communication
with DOT staff for review of the technical proposals during the initial
60-day comment period.
Although PHMSA normally considers an initial 60-day comment period
sufficient time to review and respond to rulemaking proposals, due to
PHMSA's desire to collect meaningful input from a number of potentially
affected stakeholders, PHMSA is consenting to the commenter request to
extend the comment period to ensure sufficient time for public review.
However, we do not consider a 90-day extension to be warranted.
Accordingly, in the interest of moving this rulemaking action forward
in a timely manner, we believe, extending the comment period by 30 days
would allow sufficient to time to conduct a thorough review.
Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or you
may visit http://www.regulations.gov.
Issued in Washington, DC, on October 30, 2013 under authority
delegated in 49 CFR 1.97.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2013-26402 Filed 11-4-13; 8:45 am]
BILLING CODE 4910-60-P