[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Rules and Regulations]
[Pages 48006-48007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22281]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 174

[Docket No. PHMSA-2017-0102]


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

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

ACTION: Notification of availability; request for comments.

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SUMMARY: This document provides notice that PHMSA and the Federal 
Railroad Administration (FRA) are publishing a revised Regulatory 
Impact Analysis (RIA) updating the original RIA associated with the 
electronically controlled pneumatic (ECP) brake provision of PHMSA's 
May 8, 2015, Final Rule titled ``Enhanced Tank Car Standards and 
Operational Controls for High-Hazard Flammable Trains'' (Final Rule). 
The agencies are publishing the updated RIA in response to the mandate 
of the Fixing America's Surface Transportation (FAST) Act. The updated 
RIA incorporates new testing and analysis the National Academy of 
Sciences (NAS) reviewed, recommendations from two U.S. General 
Accountability Office (GAO) audits, and updates to the costs and 
benefits of the provision of the Final Rule based on current economic 
conditions. PHMSA invites comments on all aspects of the updated RIA 
and the agency will respond to all relevant comments received.

DATES: Comments must be received by November 1, 2017. Comments received 
after that date will be considered to the extent practicable, provided 
the comments do not result in additional delay or expense.

ADDRESSES: You may submit comments identified by the docket number 
PHMSA-2017-0102 by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail or Hand Delivery: U.S. DOT Docket Management System, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, 
Washington, DC 20590-0001 between 9:00 a.m. and 5:00 p.m., Monday 
through Friday, except Federal holidays.
     Instructions: If you submit your comments by mail, submit 
two copies. To receive confirmation that PHMSA received your comments, 
include a self-addressed stamped postcard.

Privacy Act Statement

    Under 5 U.S.C. 553(c), the Department of Transportation (DOT) 
solicits comments from the public to better inform its regulatory 
process. DOT posts these comments, without edit, including any personal 
information the commenter provides, to www.regulations.gov, as 
described in the system of records notice (DOT/ALL- 14 FDMS), which can 
be reviewed at www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mark Johnson, Senior Economist, 
Pipeline and Hazardous Materials Safety Administration, by telephone at 
202-366-4495 or by email at [email protected]; or, Mark Anderson, 
Industry Economist, Federal Railroad Administration, by telephone at 
202-493-6078 or by email at [email protected].

SUPPLEMENTARY INFORMATION: On May 8, 2015, PHMSA, in coordination with 
FRA, published a Final Rule adopting requirements designed to reduce 
the consequences and, in some instances, reduce the probability of 
accidents involving trains transporting large quantities of flammable 
liquids. See 80 FR 26643. The Final Rule defined certain trains 
transporting large volumes of flammable liquids as high-hazard 
flammable trains (HHFT) \1\ and others as high-hazard flammable unit 
trains (HHFUT).\2\ The Final Rule required HHFUTs transporting at least 
one flammable liquid classified as a packing group I material be 
operated with an ECP braking system by January 1, 2021, and all other 
HHFUTs be operated with an ECP braking system by May 1, 2023. See 49 
CFR 174.310(a)(3).
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    \1\ The Final Rule defined an HHFT as ``a single train 
transporting 20 or more loaded tank cars of a Class 3 flammable 
liquid in a continuous block or a single train carrying 35 or more 
loaded tank cars of a Class 3 flammable liquid throughout the train 
consist.'' See 49 CFR 171.8.
    \2\ The Final Rule defined an HHFUT as ``a single train 
transporting 70 or more loaded tank cars containing Class 3 
flammable liquid.''
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    In December 2015, Congress passed the FAST Act. Pub. L. 114-94, 129 
Stat. 1686 (Dec. 4, 2015) (codified at 49 U.S.C. 20168). Section 7311 
of the FAST Act (section 7311) established a process, including 
independent study and testing, for DOT to use in developing an updated 
RIA related to the Final Rule's ECP brake provision. The Secretary is 
also required to solicit public comment on the revised RIA, and issue a 
final updated RIA. Finally, Section 7311 requires the Secretary of 
Transportation to review the final updated RIA and determine if the 
final rule's ECP brake requirements are justified, based on whether the 
final updated RIA demonstrates that the benefits exceed the costs. The 
FAST Act requires this entire process to be completed no later than 
December 4, 2017.
    Section 7311 required DOT to enter into an agreement with NAS to 
test ECP brakes and reevaluate the economic analysis supporting the ECP 
brake requirement of the Final Rule.\3\ Section

[[Page 48007]]

7311 required the testing to ``objectively, accurately, and reliably 
measure[s] the performance of ECP brake systems relative to other 
braking technologies or systems, such as distributed power and 2-way 
end-of-train devices.'' The FAST Act also provided for GAO review of 
the potential costs and benefits of ECP brakes. In response, GAO 
completed an evaluation of the business benefits, safety benefits, and 
costs that DOT estimated in the RIA for the final rule.\4\ 
Additionally, GAO recently completed a second evaluation comparing the 
forecasted values of certain data points that were used to support 
DOT's ECP brake analysis.\5\ Both audits are discussed in the updated 
RIA.
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    \3\ In a March 17, 2016, letter, NAS declined to perform the 
testing, citing preliminary cost estimates to perform the testing in 
excess of $100 million and expressing concern about meeting the 
statutory deadline. As an alternative, to meet the intent of the 
FAST Act, DOT conducted the testing itself and contracted with NAS 
to review and monitor the test plan.
    \4\ DOT's Rulemaking on Electronically Controlled Pneumatic 
Brakes Could Benefit from Additional Data and Transparency, GAO-17-
122, Oct 12, 2016.
    \5\ 2015 Electronically Controlled Pneumatic Brake Rule: 
Comparison of DOT Forecasts for Selected Data Points for 2015 and 
2016 to Preliminary Data for Those Years, GAO-17-567R, May 31, 2017
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    PHMSA is providing the public with an opportunity to comment on the 
updated RIA. To enable PHMSA to meet section 7311's deadline, all 
comments must be received in the docket referenced in the ADDRESSES 
section of this document by November 1, 2017. Comments received after 
that date will be considered to the extent practicable, provided the 
comments do not result in additional delay or expense. All documents 
and comments related to this matter, including the updated RIA, are 
available for review at http://www.regulations.gov in docket number 
PHMSA-2017-0102.

    Issued in Washington, DC on October 10, 2017, under authority 
delegated in 49 CFR part 1.97.
Drue Pearce,
Acting Administrator, Pipeline and Hazardous Materials Safety 
Administration.
[FR Doc. 2017-22281 Filed 10-13-17; 8:45 am]
 BILLING CODE 4910-60-P