[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Notices]
[Page 47987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19507]



[[Page 47987]]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2015-0168 (Notice No. 15-14)]


Hazardous Materials: Notification of Anticipated Delay in 
Administrative Appeal Decisions

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

ACTION: Notice.

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SUMMARY: This notice advises the public that PHMSA is currently 
reviewing administrative appeals on a recently issued final rule 
titled, ``Hazardous Materials: Enhanced Tank Car Standards and 
Operational Controls for High-Hazard Flammable Trains'' (80 FR 26643). 
In accordance with applicable regulatory requirements, this notice 
provides notification to parties having brought certain administrative 
appeals of the anticipated delay in processing these administrative 
appeals.

FOR FURTHER INFORMATION CONTACT: Charles E. Betts, Director, Standards 
and Rulemaking Division, Office of Hazardous Materials Safety, (202) 
366-4512, PHMSA, 1200 New Jersey Avenue SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. Appeals

    The Pipeline and Hazardous Materials Safety Administration's 
(PHMSA) Office of Hazardous Materials Standards received a number of 
administrative appeals in relation to the PHMSA final rule, titled, 
``Hazardous Materials: Enhanced Tank Car Standards and Operational 
Controls for High-Hazard Flammable Trains'' (80 FR 26643). Key 
information on the administrative appeals is provided below.

HM-251 [Docket No. PHMSA-2012-0082]

Hazardous Materials: Enhanced Tank Car Standards and Operational 
Controls for High-Hazard Flammable Trains

------------------------------------------------------------------------
         Appeals from               Docket No.        Focus of appeal
------------------------------------------------------------------------
Association of American         PHMSA-2012-0082-3   Advanced
 Railroads (AAR).                480.               Brake Signal
                                                    Propagation Systems.
                                                    Scope of the
                                                    Rulemaking.
                                                    Thermal
                                                    Protection for Tank
                                                    Cars.
American Chemistry Council      PHMSA-2012-0082-3   Advanced
 (ACC).                          473.               Brake Signal
                                                    Propagation Systems.
                                                    Retrofit
                                                    Timeline and Tank
                                                    Car Reporting
                                                    Requirements.
                                                    Scope of the
                                                    Rulemaking.
American Fuel & Petrochemical   PHMSA-2012-0082-3   Retrofit
 Manufacturers (AFPM).           470.               Timeline and Tank
                                                    Car Reporting
                                                    Requirements.
Columbia River and Northwest    PHMSA-2012-0082-3   Information
 Treaty Tribes.                  478.               Sharing/
                                                    Notification.
                                                    Tribal
                                                    Impacts and
                                                    Consultation.
Dangerous Goods Advisory        PHMSA-2012-0082-3   Advanced
 Council (DGAC).                 471.               Brake Signal
                                                    Propagation Systems.
                                                    Scope of the
                                                    Rulemaking.
                                                    Testing and
                                                    Sampling Program.
------------------------------------------------------------------------

II. Notification of Anticipated Delay in Appeal Decisions

    49 CFR 106.130(a)(4) provides that if PHMSA does not issue a 
decision on whether to grant or deny an administrative appeal within 90 
days after the date that the final rule is published in the Federal 
Register and that we anticipate a substantial delay in making a 
decision, PHMSA will notify the parties having brought administrative 
appeals directly and provide an expected decision date. In addition, 
PHMSA will publish a notice of the delay in the Federal Register. Due 
to the complexity of the appeals received, we anticipate delays in 
making administrative appeal decisions as we will require additional 
time to adequately review and consider the appeals. As a result, in 
accordance with 49 CFR 106.130(a)(4), we are publishing this notice in 
the Federal Register to notify the public, and we will be directly 
contacting parties having brought these administrative appeals shortly.

    Issued in Washington, DC, on August 4, 2015.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 2015-19507 Filed 8-7-15; 8:45 am]
 BILLING CODE 4910-60-P