[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