[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Proposed Rules]
[Pages 6451-6456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01240]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 174

[Docket No. PHMSA-2016-0015 (HM-263)]
RIN 2137-AF21


Hazardous Materials: FAST Act Requirements for Real-Time Train 
Consist Information by Rail

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

ACTION: Advance notice of proposed rulemaking (ANPRM).

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SUMMARY: PHMSA requests comment on certain provisions of the Fixing 
America's Surface Transportation (FAST) Act of 2015. The FAST Act 
directs the Secretary of Transportation to require Class I railroads 
that transport hazardous materials to generate accurate, real-time, and 
electronic train consist information. Further, the FAST Act includes 
provisions for the railroads to provide fusion centers with electronic 
train consist information to share with State and local first 
responders, emergency response officials, and law enforcement personnel 
during an accident, incident, or emergency. In support of developing 
regulations to implement the FAST Act mandates, PHMSA specifically 
requests comments and information on baseline changes, affected 
entities, and costs and benefits related to fusion centers collecting 
train consist information from railroads and disseminating this 
information in the event of an emergency.

DATES: Comments must be received by April 19, 2017.

ADDRESSES: You may submit comments identified by Docket No. PHMSA-2016-
0015 (HM-263) by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; 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 the Docket Management System; 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 ANPRM at the beginning of the comment. To avoid 
duplication, please use only one of these four methods. All comments 
received will be posted without change to the Federal Docket Management 
System (FDMS), including any personal information.
    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).
    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 (See 65 FR 19477, April 11, 2000), or you may 
visit http://www.regulations.gov.

[[Page 6452]]


FOR FURTHER INFORMATION CONTACT: Dirk Der Kinderen, (202) 366-4460, 
Standards and Rulemaking Division, Pipeline and Hazardous Materials 
Safety Administration, U.S. Department of Transportation, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

Abbreviations and Terms

ANPRM Advance Notice of Proposed Rulemaking
CFR Code of Federal Regulations
DHS Department of Homeland Security
DOJ Department of Justice
DOT Department of Transportation
EOC Emergency Operations Center
FAST Act Fixing America's Surface Transportation Act of 2015
FDMS Federal Docket Management System
FR Federal Register
Fusion Center State and Major Urban Area Fusion Center
HHFT High-Hazard Flammable Liquid Train
HMR Hazardous Materials Regulations
IT Information Technology
MOU Memorandum of Understanding
NPRM Notice of Proposed Rulemaking
O&M Operations and Management
PHMSA Pipeline and Hazardous Materials Safety Administration
RIA Regulatory Impact Analysis
RIN Regulation Identifier Number
SAR Suspicious Activity Reporting
SERC State Emergency Response Commission
U.S.C. United States Code

Table of Contents

I. Background
    A. FAST Act
    B. Fusion Centers
II. Request for Public Comment
    A. Affected Entities Questions
    B. Baseline Questions
    C. Implementation Questions
    D. Costs Questions
    E. Benefits Questions
III. Regulatory Analysis

I. Background

A. FAST Act

    On December 4, 2015, President Barack Obama signed legislation 
titled, ``Fixing America's Surface Transportation Act of 2015,'' or the 
``FAST Act.'' (See Pub. L. 114-94.) The FAST Act includes the 
``Hazardous Materials Transportation Safety Improvement Act of 2015'' 
(sections 7001 through 7311), which instructs the Secretary of 
Transportation (``Secretary'') to make specific regulatory amendments 
to the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). The 
FAST Act requires Class I railroads to generate accurate, real-time, 
and electronic train consist information that can be provided ``to 
State and local first responders, emergency response officials, and law 
enforcement personnel that are involved in the response to or 
investigation of an accident, incident, or public health or safety 
emergency involving the rail transportation of hazardous materials'' 
and request such electronic train consist information. Section 7302 of 
the FAST Act is structured as follows:
     Section 7302(a)(1), (2), (5), and (7) apply to the sharing 
of the accurate, real-time, and electronic train consist information 
covering all hazardous materials with fusion centers.
     Section 7302(a)(3) and (4) apply to sharing advance 
notification and information on high-hazard flammable trains (HHFTs) 
with State Emergency Response Commissions (SERCs) in accordance with 
Emergency Order DOT-OST-2014-0067.
     Section 7302(a)(6) establishes security and 
confidentiality protections to prevent the public release of security-
sensitive electronic train consist information or the advance 
notification of HHFT movements to unauthorized persons.
    PHMSA intends to publish a notice of proposed rulemaking (NPRM) 
that will propose regulations to address Sec. Sec.  7302(a)(1), (2), 
(5), (6) and (7) of the FAST Act. PHMSA is addressing the SERC 
notification portion of the FAST Act (Sec. Sec.  7302(a)(3), (4) and 
(6)) in a separate rulemaking titled ``Hazardous Materials: Oil Spill 
Response Plans and Information Sharing for High-Hazard Flammable 
Trains'' (RIN: 2137-AF08).\1\ Sections 7302(a)(1), (2), (5), (6), and 
(7) of the FAST Act are discussed in greater detail as follows.
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    \1\ On July 29, 2016, PHMSA published a Notice of Proposed 
Rulemaking, https://www.regulations.gov/document?D=PHMSA-2014-0105-0240.
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    Section 7302(a)(1)(A) directs the Secretary to issue regulations 
requiring Class I railroads transporting hazardous materials to 
generate accurate, real-time, and electronic train consist information, 
including:
     The identity, quantity, and location of hazardous 
materials on a train;
     The point of origin and destination of the train;
     Any emergency response information or resources required 
by the Secretary; and
     An emergency response point of contact designated by the 
Class I railroad.
    Subparagraph (a)(1)(B) further directs the Secretary to issue 
regulations requiring Class I railroads to enter into a memorandum of 
understanding (MOU) with each applicable fusion center to provide the 
fusion center with secure and confidential access to the electronic 
train consist information for each train transporting hazardous 
materials in the jurisdiction of the fusion center.
    Section 7302(a)(2) directs the Secretary to issue regulations 
requiring each applicable fusion center to provide the electronic train 
consist information to State and local first responders, emergency 
response officials, and law enforcement personnel who are involved in 
the response to or investigation of an accident, incident, or public 
health or safety emergency involving the rail transportation of 
hazardous materials and request such electronic train consist 
information.
    Section 7302(a)(5) directs the Secretary to issue regulations 
prohibiting any Class I railroad, employee, or agent from withholding, 
or causing to be withheld, the train consist information from first 
responders, emergency response officials, and law enforcement personnel 
described in Sec.  7302(a)(2) in the event of an incident, accident, or 
public health or safety emergency involving the rail transportation of 
hazardous materials.
    Section 7302(a)(6) directs the Secretary to issue regulations 
establishing security and confidentiality protections, including 
protections from the public release of proprietary information or 
security-sensitive information, to prevent the release of real-time 
train consist information to unauthorized persons.
    Section 7302(a)(7) instructs the Secretary to issue regulations 
allowing each Class I railroad to enter into an MOU with any Class II 
railroad or Class III railroad that operates trains over the Class I 
railroad's line to incorporate the Class II railroad or Class III 
railroad's (i.e., regional and short line railroads) train consist 
information within the existing framework described in Sec.  
7302(a)(1).\2\
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    \2\ Classification of carriers (railroads) in based on annual 
operating revenues. A breakout of Class I, II and III railroads can 
be reviewed at 49 CFR part 1201--Railroad Companies under the 
General Instructions at 1-1(a).
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B. Fusion Centers

    The FAST Act requires the Secretary to issue regulations requiring 
fusion centers to participate in the gathering and dissemination of 
electronic train consist information. Section 7302(b)(4) of the FAST 
Act indicates that the term ``fusion center'' means a collaborative 
effort of two or more Federal, State, local, or Tribal government 
agencies that combines resources, expertise, or information with the 
goal of maximizing the ability of such agencies to detect, prevent, 
investigate, apprehend, and

[[Page 6453]]

respond to criminal or terrorist activity (6 U.S.C. 124(j)(1)). Since 
2003, the U.S. Department of Homeland Security (DHS) and the U.S. 
Department of Justice (DOJ) have published guidance to support the 
development and implementation of fusion centers as centralized 
entities to improve the sharing of threat-related information related 
to criminal or terrorist activity. Located in states and major urban 
areas throughout the country, fusion centers are owned, operated, and 
staffed by State and local agencies with support from Federal partners. 
The federal support consists of deployed personnel, training, technical 
assistance, exercise support, security clearances, and connectivity to 
federal systems, technology, and grant funding to detect, prevent, 
investigate, apprehend, and respond to criminal or terrorist 
activity.\3\ Specifically, grants from Federal agencies, including DHS 
and DOJ, are leveraged by states to support fusion center operations in 
executing their respective missions.
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    \3\ See https://www.dhs.gov/national-network-fusion-centers-fact-sheet.
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    Fusion centers (1) are owned and operated by State and local 
entities and designated by their respective governor; \4\ (2) serve as 
primary focal points within the state and local environment for the 
receipt, analysis, gathering, and sharing of criminal or terrorist 
threat-related information among Federal, State, local, Tribal,\5\ and 
territorial partners; and (3) contribute to the Information Sharing 
Environment through their role in receiving threat information from the 
Federal government; analyzing that information in the context of their 
local environment; disseminating that information to local agencies; 
and gathering tips, leads, and suspicious activity reporting (SAR) from 
local agencies and the public. Fusion centers receive information from 
a variety of sources, including SAR from stakeholders within their 
jurisdictions, as well as federal information and intelligence. They 
analyze the information, reports and threat to disseminate to their 
customers (e.g., law enforcement and homeland security officials), 
thereby assisting homeland security partners at all levels of 
government to identify and address immediate and emerging threats. The 
mission and scope of a fusion center's operation is guided by the State 
or local agency that oversees its operations. Some fusion centers only 
process terrorism information, while others also address criminal-
related information. This focus is directed by the respective State 
and/or local agency.
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    \4\ See https://www.dhs.gov/fusion-center-locations-and-contact-information.
    \5\ See http://www.it.ojp.gov/documents/TribalParticipationinFusionCenters.pdf.
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    The intelligence and information collected, analyzed, and shared 
may be strategic, as well as tactical. Information gathering and 
dissemination occur on an ongoing basis. Fusion centers are in a unique 
position to empower front-line law enforcement, public safety, fire 
service,\6\ emergency response,\7\ public health,\8\ critical 
infrastructure protection,\9\ and private sector security personnel to 
gather lawfully and share threat-related information, in accordance 
with the fusion centers' missions and authorities. They provide 
interdisciplinary expertise and situational awareness to inform 
decision-making at all levels of government. Fusion centers conduct 
analyses and facilitate information sharing, assisting law enforcement 
and homeland security partners in preventing, protecting against, and 
responding to crime and terrorism.
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    \6\ See http://it.ojp.gov/docdownloader.aspx?ddid=1280.
    \7\ See https://www.dhs.gov/fusion-centers-and-emergency-operations-centers.
    \8\ See http://www.it.ojp.gov/docdownloader.aspx?ddid=1450.
    \9\ See http://www.it.ojp.gov/docdownloader.aspx?ddid=1136.
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    A fusion center differs from an emergency operations center (EOC). 
Fusion centers and EOCs serve distinct, but complementary roles in 
supporting the country's homeland security efforts. Fusion centers 
empower homeland security partners through the lawful gathering, 
analysis, and sharing of threat-related information, while EOCs 
primarily provide information and support to incident management and 
response/recovery coordination activities.\10\
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    \10\ See https://www.dhs.gov/fusion-centers-and-emergency-operations-centers.
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II. Request for Public Comment

    With respect to the FAST Act mandate to develop regulations 
applicable to fusion centers, PHMSA is requesting comment and 
information specific to the impact on State and local government fusion 
center operations and first responders, emergency response officials, 
law enforcement personnel, railroads, and any other entity that is 
impacted by this mandate. The purpose of this ANPRM is to inform the 
Regulatory Impact Analysis (RIA) of this rulemaking.
    The request for comment, including information and data are focused 
on the baseline changes, implementation, and costs and benefits 
affecting entities--fusion centers, railroads, and first responders--
that would be impacted by a rulemaking outlining regulations to 
prepare, gather, share, and acquire train consist information. While 
most of these questions are focused on fusion center operations, we 
welcome comments from all stakeholders on any of these questions.

A. Affected Entities Questions

    1. How many fusion centers are located in your State, including 
those associated with major urban areas?
    2. How many fusion centers in your State, including those 
associated with major urban areas, would be affected by the provisions 
of Sec.  7302 of the FAST Act? How many would be required to collect 
and disseminate information? Would it be possible to designate one 
fusion center within your State to collect and disseminate train 
consist data?
    3. How many Class II and III railroads would be affected by Sec.  
7302(a)(7) of the FAST Act? This section of the FAST Act allows Class I 
railroads to enter into an MOU with any Class II or Class III railroad 
that operates trains over the Class I railroad's line to incorporate 
the Class II or Class III railroads' train consist information within 
the existing framework described in Sec.  7302(a)(1). How many Class I 
railroads would enter into an MOU?

B. Baseline Questions

    4. Are fusion centers in your State 24/7 operations? If not, 
describe the coverage of operations on a daily/weekly basis?
    5. Per the DHS Web site description of fusion center activities 
referenced in the subsection titles ``Fusion Centers,'' how frequently 
do fusion centers in your State receive, analyze, gather, and share 
threat-related information? Do fusion centers in your State currently 
perform these activities for hazardous materials on trains? Does 
performance of the activities occur based on a shipment or is it more 
routine and constant (i.e., a 24/7 operation)?
    6. Describe the current level of information technology (IT) and 
data collection and information management system capabilities of your 
State's fusion centers. Do they have the ability to receive and 
disseminate real-time train consist information?
    7. How many employees work at your State's fusion centers? How many 
fusion center employees are employees of your State, employees of 
localities, and other types of employees?
    8. How does your State fund fusion center operations? How are 
grants used?

[[Page 6454]]

Please provide any data on the current cost and budget of your State's 
fusion center operations. What are the break-out costs by labor and IT?
    9. How do first responders currently receive information, or train 
consist information, for hazardous materials in your State?
    10. How do railroads transmit train consist information for 
hazardous materials incidents? Do railroads currently send information 
on hazardous materials train consists to fusion centers? If so, is this 
information sent electronically, such as by the AskRail app, or by some 
other means? \11\ Do railroads send this information to both state and 
large urban area fusion centers?
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    \11\ For more information on the AskRail App, see https://askrail.us/.
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    11. Do railroad employees use electronic devices to update train 
consist information? Are these devices proprietary rail-specific 
devices, or off-the-shelf tablets or smartphones with apps that enable 
train consists to be updated and that information relayed to Railinc or 
some other railroad database? \12\
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    \12\ For more information on Railinc, see https://www.railinc.com/rportal/web/guest/home.
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    12. PHMSA is also aware of handheld readers.\13\ Are these readers 
capable of tracking changes to train consists and interfacing with rail 
databases such as Railinc to update train consist information in real-
time by cellular or wifi connections? If such devices are not currently 
capable of performing this task, is development of this capability in 
process? How much do these devices cost, what is their read range, and 
what are the ongoing service costs for these devices?
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    \13\ See http://www.aeitag.com/.
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    13. Have all Class I railroads developed means by which changes to 
hazardous material train consists can be updated in real-time and 
relayed electronically to the railroads or other entities?
    14. Are there electronic systems that operate on a 24/7 basis to 
relay changes to train consists in real-time at all hours and locations 
throughout the day?

C. Implementation Questions

    The following questions relate to how stakeholders would implement 
Sec.  7302 of the FAST Act.
    15. Would your State identify a particular fusion center to collect 
and disseminate information for your entire State, including major 
urban areas? If not, what other implementation alternatives would your 
State consider?
    16. What type of IT solutions would you consider or require for 
your State's fusion center operations to receive, route, and 
disseminate real-time train consist information? Are there any IT or 
network solutions that would provide automated collection and routing 
to first responders on a 24/7 basis?
    17. Would your State's fusion centers use the same employees to 
conduct criminal, terrorism, and hazardous material information 
collection and dissemination activities? Would employees require 
specialization in these areas?
    18. How many and what types of additional employees would be 
required to implement the provisions of Sec.  7302 of the FAST Act?
    19. How many real-time train consist notifications would be 
received and disseminated by your State's fusion center operations? How 
long would it take to process, analyze, and disseminate notifications?
    20. How would railroads transmit this information to fusion 
centers? If no system to relay this information to fusion centers 
exists, what resources and investments would be necessary to develop 
such a system (e.g., IT development, IT hardware to record changes to 
train consists in real-time, etc.)?
    21. If further IT development or other implementation resources are 
required, what is a reasonable time frame for railroads to develop 
these resources? What barriers might prevent the timely development and 
deployment of these resources?
    22. How would first responders receive real-time train consist 
information? Would first responders need any additional communication 
and technology equipment or enhancements?

D. Costs Questions

    23. What is the additional cost to your State's fusion center 
operations to implement the provisions of Sec.  7302 of the FAST Act? 
What are the initial startup planning and capital investment costs and 
how long would initial startup take in terms of months? What are the 
recurring operations and management (O&M) costs? What are the costs and 
frequencies of any upgrades beyond initial startup and O&M costs? What 
are the initial and recurring training costs? Please provide 
quantitative data if possible.
    24. What is the cost to collect, maintain, and disseminate real-
time train consist notification?
    25. What are the costs associated with electronic devices to record 
and relay changes to train consists in real-time?
    26. What are the costs to establish security and confidentiality 
protections, including protections from the public release of 
proprietary information or security-sensitive information, to prevent 
the release of real-time train consist information to unauthorized 
persons?
    27. What are the costs for Class I railroads to enter into an MOU 
with any Class II railroad or Class III railroad that operates trains 
over the Class I railroad's line to incorporate the Class II railroad's 
or Class III railroad's train consist information within the existing 
framework described in Sec.  7302(a)(1)?
    28. What are the costs for Class I railroads to enter into an MOU 
with each applicable fusion center to provide the fusion center with 
secure and confidential access to the electronic train consist 
information for each train transporting hazardous materials in the 
jurisdiction of the fusion center?
    29. What are the costs to first responders to receive information 
disseminated from fusion centers?
    30. How and where would State fusion centers recover costs to 
implement the provisions of Sec.  7302 of the FAST Act? Would 
implementation require grant funding? If so, from where or whom?

E. Benefits Questions

    31. As a result of implementing Sec.  7302 of the FAST Act, would 
there be a reduction in the response time and incident-related costs 
and damages? Would there be a reduction in the duration of evacuations? 
Please provide quantitative data if possible.
    32. What kind of avoided consequences and benefits to communities 
will be realized as a result of implementing the provisions of Sec.  
7302 of the FAST Act? Avoided consequences may include reduced risks of 
harm to the public and environment in terms of fatalities, injuries and 
hospitalizations, property loss, and damages associated with release of 
hazardous materials into the environment.
    33. Would railroads experience any business benefits from having 
accurate electronic records of train consists in real-time (e.g., 
better ability to update customers on shipment location or delivery 
times/dates, more efficient utilization of railroad resources, etc.)? 
If so, please quantify to the extent possible.

III. Regulatory Analysis

A. Executive Order 12866, Executive Order 13563, and DOT Regulatory 
Policies and Procedures

    This ANPRM has not been designated a ``significant regulatory 
action'' under

[[Page 6455]]

section 3(f) of Executive Order 12866, ``Regulatory Planning and 
Review.'' 58 FR 51735 (Oct. 4, 1993). Accordingly, this ANPRM has not 
been reviewed by the Office of Management and Budget (OMB) and is not 
considered to be a significant regulatory action under the DOT 
Regulatory Policies and Procedures of February 26, 1979. See 44 FR 
11034.
    Executive Order 13563, ``Improving Regulation and Regulatory 
Review,'' 76 FR 3821 (Jan. 21, 2011), supplements and reaffirms the 
principles, structures, and definitions governing regulatory review 
that were established in Executive Order 12866. Together, Executive 
Orders 12866 and 13563 require agencies to regulate in the ``most cost-
effective manner,'' to make a ``reasoned determination that the 
benefits of the intended regulation justify its costs,'' and to develop 
regulations that ``impose the least burden on society.''
    Additionally, Executive Orders 12866 and 13563 require agencies to 
provide a meaningful opportunity for public participation. Therefore, 
PHMSA solicits comment on the questions raised in this ANPRM.

B. Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999), 
requires agencies to assure meaningful and timely input by State and 
local officials in the development of regulatory policies that may have 
``substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.'' We 
invite State and local governments with an interest in this rulemaking 
to comment on any effect that revisions to the HMR relative to the FAST 
Act mandate may cause.

C. Executive Order 13175

    Executive Order 13175, ``Consultation and Coordination and Indian 
Tribal Governments,'' 65 FR 67249 (Nov. 9, 2000), requires agencies to 
assure meaningful and timely input from Indian tribal government 
representatives in the development of rules that ``significantly or 
uniquely affect'' Indian communities and impose ``substantial and 
direct compliance costs'' on such communities. We invite Indian tribal 
governments to provide comment(s) on any potential impacts of a 
rulemaking to implement the FAST Act mandate.

D. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies 
and Procedures

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires 
agencies to consider whether a rulemaking would have a ``significant 
economic impact on a substantial number of small entities.'' Small 
entities include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations under 50,000.
    As such, PHMSA solicits input from small entities on the questions 
presented in this ANPRM. If you believe the FAST Act mandate would have 
a significant economic impact on a substantial number of small 
entities, please submit a comment to PHMSA. In your comment, explain 
the extent of the impact, and whether there may be alternative 
approaches to consider that would minimize any significant impact on 
small business while still meeting the agency's statutory safety 
objectives.
    Any future proposed rule would be developed in accordance with 
Executive Order 13272, ``Proper Consideration of Small Entities in 
Agency Rulemaking,'' 67 FR 53461 (Aug. 16, 2002), as well as DOT's 
procedures and policies, so as to promote compliance with the 
Regulatory Flexibility Act to ensure that potential impacts on small 
entities of a regulatory action are properly considered.

E. Paperwork Reduction Act

    Section 1320.8(d), title 5, Code of Federal Regulations requires 
that PHMSA provide interested members of the public and affected 
agencies an opportunity to comment on information collection and 
recordkeeping requests. It is possible that new or revised information 
collection requirements could occur as a result of any future 
rulemaking action. We invite comment on the need for any collection of 
information and paperwork burdens that may apply as result of a future 
rulemaking.

F. National Environmental Policy Act

    The National Environmental Policy Act of 1969, 42 U.S.C. 4321-4375, 
requires Federal agencies to consider the consequences of major Federal 
actions and prepare a detailed statement on actions significantly 
affecting the quality of the human environment. The Council on 
Environmental Quality (CEQ) regulations require Federal agencies to 
conduct an environmental review considering (1) the need for the 
proposed action, (2) alternatives to the proposed action, (3) probable 
environmental impacts of the proposed action and alternatives, and (4) 
the agencies and persons consulted during the consideration process. 
See 40 CFR 1508.9(b). PHMSA welcomes any data or information related to 
environmental impacts that may result from this rulemaking.

G. 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 at 65 FR 19477 (April 11, 2000), or you may visit 
http://www.dot.gov/privacy.html.

H. Executive Order 13609 and International Trade Analysis

    Under Executive Order 13609, ``Promoting International Regulatory 
Cooperation,'' 77 FR 26413 (May 4, 2012), agencies must consider 
whether the impacts associated with significant variations between 
domestic and international regulatory approaches are unnecessary, or 
may impair the ability of American business to export and compete 
internationally. In meeting shared challenges involving health, safety, 
labor, security, environmental, and other issues, international 
regulatory cooperation can identify approaches that are at least as 
protective as those that are, or would be, adopted in the absence of 
such cooperation. International regulatory cooperation can also reduce, 
eliminate, or prevent unnecessary differences in regulatory 
requirements.
    Similarly, the Trade Agreements Act of 1979, Public Law 96-39, as 
amended by the Uruguay Round Agreements Act, Public Law 103-465, 
prohibits Federal agencies from establishing any standards or engaging 
in related activities that create unnecessary obstacles to the foreign 
commerce of the United States. For purposes of these requirements, 
Federal agencies may participate in the establishment of international 
standards, so long as the standards have a legitimate domestic 
objective, such as providing for safety, and do not operate to exclude 
imports that meet this objective. The statute also requires 
consideration of international standards and, where appropriate, that 
they be the basis for U.S. standards.
    PHMSA participates in the establishment of international standards 
in order to protect the safety of the

[[Page 6456]]

American public, and we have assessed the effects of this ANPRM to 
ensure that it does not cause unnecessary obstacles to foreign trade. 
Accordingly, this rulemaking is consistent with Executive Order 13609 
and PHMSA's obligations under the Trade Agreement Act, as amended.

I. Statutory/Legal Authority for This Rulemaking

    Federal hazardous materials transportation law, 49 U.S.C. 5101 et 
seq., authorizes the Secretary of Transportation to prescribe 
regulations for the safe transportation, including security, of 
hazardous materials in intrastate, interstate, and foreign commerce. 
The Secretary has delegated this authorization to the Administrator for 
PHMSA. See 49 CFR 1.97. PHMSA is issuing this ANPRM to gather necessary 
information in development of the regulatory impact analysis in support 
of this rulemaking.

J. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN contained in the heading of 
this document can be used to cross-reference this action with the 
Unified Agenda.

    Issued in Washington, DC, on January 13, 2017, under authority 
delegated in 49 CFR part 1.97.
William Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2017-01240 Filed 1-18-17; 8:45 am]
 BILLING CODE 4910-60-P