Hazardous Materials: Enhancing Rail Transportation Safety and Security for Hazardous Materials Shipments, 1204-1206 [E7-131]

Download as PDF 1204 Federal Register / Vol. 72, No. 6 / Wednesday, January 10, 2007 / Proposed Rules mstockstill on PROD1PC61 with PROPOSALS Markets leasing regime to a national public safety licensee. Application of secondary markets leasing to the 700 MHz public safety band would require a modification of current reporting and recordkeeping requirements. 5. Steps Taken To Minimize Significant Economic Impact on Small Entities and Significant Alternatives Considered 13. The RFA requires an agency to describe any significant alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others): (1) The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance or reporting requirements under the rule for small entities; (3) the use of performance, rather than design, standards; and (4) an exemption from coverage of the rule, or any part thereof, for small entities. 14. Generally, the Commission’s primary objective in issuing the NPRM is to maximize public safety access to interoperable, broadband spectrum in the 700 MHz band and, at the same time, foster and promote the development and deployment of advanced broadband applications, related radio technologies, and a modern, IP-based system architecture. To assist the Commission in its analysis, commenters are requested to provide information regarding which public safety entities and manufacturers would be affected by the proposed changes to the 700 MHz public safety band plan as described in this NPRM. In particular, we seek estimates of how many small entities might be affected and whether any of the proposals under consideration would be too burdensome to public safety. 15. In the NPRM, we seek data demonstrating the costs and benefits of modifying the 700 MHz band to accommodate a nationwide, broadband, interoperable public safety communications network. Pursuant to the proposed plan, a single nationwide public safety licensee would be selected to hold a single nationwide license for 12 MHz of public safety spectrum. The national licensee then would make this spectrum available for broadband, interoperable public safety operations, as well as in the 700 MHz narrowband spectrum on a secondary basis. Furthermore, the national licensee would be able to lease excess capacity in these bands to commercial entities on an unconditionally preemptible basis. The NPRM asks commenters to identify VerDate Aug<31>2005 14:21 Jan 09, 2007 Jkt 211001 the criteria for selection of a national public safety licensee, how the national licensee can best implement a broadband, interoperable network, the amount of discretion the national licensee should be afforded in designing the best system architecture, how to ensure nationwide build-out, and the appropriate degree of network resiliency and disaster restoration capabilities for this public safety network. The NPRM also explores funding options, including the imposition of usage fees charged to public safety users as well as commercial users. Accordingly, we seek comment on the costs and benefits of modifying the existing rules to accommodate deployment of a broadband, interoperable public safety network as proposed. 16. With regard to alternatives, we do not anticipate that any of the proposals under consideration in this NPRM would impose any additional economic burdens on public safety entities. We believe our proposals will provide a resource for public safety to utilize a more cost-effective and spectrally efficient communications system to address their homeland security and emergency response needs. Indeed, one of the major objectives underlying this proposal is to minimize economic burdens on public safety entities. Because we do not anticipate that our proposal will impose additional economic burdens on public safety, and is in fact designed to reduce economic burdens on public safety, we see no reason to propose alternatives to accomplish our objectives. However, we remain open to discussing alternatives to reaching our objectives should an alternative be stated in comments for the specific purpose of minimizing the impact on public safety entities. Accordingly, we seek comment on alternatives including any that may further minimize the impact on public safety entities. 6. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rule 17. None. Ordering Clauses 18. Accordingly, it is ordered that pursuant to sections 1, 2, 4(i), 5(c), 7, 10, 201, 202, 208, 301, 302, 303, 307, 308, 309, 310, 314, 316, 319, 324, 332, 333, 337 and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 155(c), 157, 160, 201, 202, 208, 301, 302, 303, 307, 308, 309, 310, 314, 316, 319, 324, 332, 333, 337 and 403, the Ninth Notice of Proposed Rulemaking is hereby adopted. PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 19. It is further ordered that the Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this NPRM, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E7–171 Filed 1–9–07; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 172 and 174 [Docket No. RSPA–04–18730 (HM–232E)] RIN 2137–AE02 Hazardous Materials: Enhancing Rail Transportation Safety and Security for Hazardous Materials Shipments Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Notice of public meeting. AGENCY: SUMMARY: On December 21, 2006 the Pipeline and Hazardous Materials Safety Administration, in consultation with the Federal Railroad Administration and the Transportation Security Administration, published a notice of proposed rulemaking proposing to revise the current requirements in the Hazardous Materials Regulations applicable to the safe and secure transportation of hazardous materials transported in commerce by rail. Specifically, we are proposing to require rail carriers to compile annual data on specified shipments of hazardous materials, use the data to analyze safety and security risks along rail transportation routes where those materials are transported, assess alternative routing options, and make routing decisions based on those assessments. We are also proposing clarifications of the current security plan requirements to address en route storage, delays in transit, delivery notification, and additional security inspection requirements for hazardous materials shipments. PHMSA will hold two public meetings, on February 1, 2007, in Washington, DC, and February 9, 2007, in Dallas, Texas, to obtain stakeholder comments on the proposed rail security requirements. Information on the dates and locations of the public meetings is provided in this notice. E:\FR\FM\10JAP1.SGM 10JAP1 Federal Register / Vol. 72, No. 6 / Wednesday, January 10, 2007 / Proposed Rules Public Meetings: (1) February 1, 2007, starting at 9 a.m., in Washington, DC; and (2) February 9, 2007, starting at 9 a.m., in Dallas, Texas. Comments: In accordance with the timeframe established by the December 21, 2006 NPRM, comments to this docket must be received no later than February 20, 2007. ADDRESSES: Public Meetings: (1) Holiday Inn Capitol, 550 C Street, SW., Washington, DC 20024. (2) Hyatt Regency Dallas Fort Worth Airport, International Parkway, P.O. Box 619014, DFW Airport, Texas, USA 75261. Oral Presentations: Any person wishing to present an oral statement should notify Ben Supko, by telephone or in writing at least four business days before the date of the public meeting at which the person wishes to speak. Oral statements will be limited to 15 minutes per commenter. For information on facilities or services for persons with disabilities or to request special assistance at the meetings, contact Mr. Supko as soon as possible. Docket: To access the docket for review of the comments and regulatory actions affecting this rulemaking go to https://dms.dot.gov and/or Room PL–401 on the Plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Written Comments: We invite interested parties who are unable to attend the public meeting, or who otherwise desire to submit written comments or data to submit any relevant information, data, or comments to the DOT Docket Management System Docket Number RSPA–04–18730 by any of the following methods: • Web site: https://dms.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site. • Fax: 1–202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Instructions: You must include the agency name and docket number RSPA– 04–18730 for this notice at the beginning of your comment. Internet users may access comments received by DOT at https://dms.dot.gov. Note that comments received may be posted mstockstill on PROD1PC61 with PROPOSALS DATES: VerDate Aug<31>2005 14:21 Jan 09, 2007 Jkt 211001 without change to https://dms.dot.gov including any personal information provided. Please see the Privacy Act section of this document. While all comments should be sent to DOT’s Docket Management System (DMS), comments or those portions of comments PHMSA determines to include trade secrets, confidential commercial information, or sensitive security information (SSI) will not be placed in the public docket and will be handled separately. If you believe your comments contain trade secrets, confidential commercial information, or SSI, those comments or the relevant portions of those comments should be appropriately marked so that DOT may make a determination. PHMSA procedures in 49 CFR part 105 establish a mechanism by which commenters may request confidentiality. In accordance with 49 CFR 105.30, you may ask PHMSA to keep information confidential using the following procedures: (1) Mark ‘‘confidential’’ on each page of the original document you would like to keep confidential; (2) send DMS both the original document and a second copy of the original document with the confidential information deleted; and (3) explain why the information is confidential (such as a trade secret, confidential commercial information, or SSI). In your explanation, you should provide enough information to enable PHMSA to determine whether the information provided is protected by law and must be handled separately. In addition, for comments or portions of comments that you believe contain SSI as defined in 49 CFR 15.7, you should comply with Federal regulations governing restrictions on the disclosure of SSI. See 49 CFR 1520.9 and 49 CFR 15.9, Restrictions on the disclosure of sensitive security information. For example, these sections restrict the sharing of SSI to those with a need to know, set out the requirement to mark the information as SSI, and address how the information should be disposed. Note also when mailing in or using a special delivery service to send comments containing SSI, comments should be wrapped in a manner to prevent the information from being read. PHMSA and TSA may perform concurrent reviews on requests for designations as SSI. After reviewing your request for confidentiality and the information provided, PHMSA will analyze applicable laws and regulations to decide whether to treat the information as confidential. PHMSA will notify you of the decision to grant or deny confidentiality. If PHMSA denies PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 1205 confidentiality, you will be provided an opportunity to respond to the denial before the information is publicly disclosed. PHMSA will reconsider its decision to deny confidentiality based on your response. Regarding comments not marked as confidential, prior to posting comments received in response to this notice in the public docket, PHMSA will review all comments, whether or not they are identified as confidential, to determine if the submission or portions of the submission contain information that should not be made available to the general public. PHMSA will notify you if the agencies make such a determination relative to your comment. If, prior to submitting your comment, you have any questions concerning the procedures for determining confidentiality or security sensitivity, you may call one of the individuals listed below under FOR FURTHER INFORMATION CONTACT for more information. FOR FURTHER INFORMATION CONTACT: Susan Gorsky or Ben Supko, Office of Hazardous Materials Standards, (202) 366–8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590–0001. SUPPLEMENTARY INFORMATION: On December 21, 2006, PHMSA, in consultation with the Federal Railroad Administration and the Transportation Security Administration of the Department of Homeland Security, published an NPRM proposing to revise the current requirements in the Hazardous Materials Regulations applicable to the safe and secure transportation of hazardous materials transported in commerce by rail. Specifically, the NPRM proposes to require rail carriers to compile annual data on specified shipments of hazardous materials, use the data to analyze safety and security risks along rail transportation routes where those materials are transported, assess alternative routing options, and make routing decisions based on those assessments. It also proposes to clarify the current security plan requirements to address en route storage, delays in transit, delivery notification, and additional security inspection requirements for hazardous materials shipments. In addition to our NPRM, TSA also published an NPRM in the December 21, 2006 edition of the Federal Register proposing additional security requirements for rail transportation. E:\FR\FM\10JAP1.SGM 10JAP1 mstockstill on PROD1PC61 with PROPOSALS 1206 Federal Register / Vol. 72, No. 6 / Wednesday, January 10, 2007 / Proposed Rules We urge interested parties to review the NPRM and the regulatory evaluation prepared in support of the NPRM and make oral presentations regarding the issues we discuss in the documents. A summary of the NPRM follows: • We propose to require rail carriers transporting certain types of hazardous materials to compile information and data on the commodities transported, including the transportation routes over which these commodities are transported. • We propose to require rail carriers transporting certain types of hazardous materials to use the data they compile on commodities they transport to analyze the safety and security risks for the transportation routes used and one possible alternative route to the one used. Rail carriers would be required to utilize these analyses to transport these materials over the safest and most secure commercially practicable routes. • We propose to require rail carriers to specifically address the security risks associated with shipments delayed in transit or temporarily stored in transit as part of their security plans. • We propose to require rail carriers transporting certain types of hazardous materials to notify consignees if there is a significant unplanned delay affecting the delivery of the hazardous material. • We propose to require rail carriers to work with shippers and consignees to minimize the time a rail car containing certain types of hazardous materials is placed on track awaiting pick-up or delivery or transfer from one carrier to another. • We propose to require rail carriers to notify storage facilities and consignees when rail cars containing certain types of hazardous materials are delivered to a storage or consignee facility. • We propose to require rail carriers to conduct security visual inspections at ground level of rail cars containing hazardous materials to inspect for signs of tampering or the introduction of an improvised explosive device (IED). We are particularly interested in comments related to the feasibility and practicability from an operational perspective of the proposals in the NPRM, factors that should be considered by railroads in making routing decisions, and the costs that would be incurred to comply with the requirements proposed in the NPRM. Documents A copy of the December 21, 2006 NPRM, the regulatory evaluation prepared in support of the NPRM, and any comments addressed to this docket are available through the DOT Docket VerDate Aug<31>2005 14:21 Jan 09, 2007 Jkt 211001 Management System Web site: https:// dms.dot.gov and/or Room PL–401 on the Plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Issued in Washington, DC, on January 3, 2007, under authority delegated in 49 CFR part 106. Robert A. McGuire, Associate Administrator for Hazardous Materials Safety. [FR Doc. E7–131 Filed 1–9–07; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF COMMERCE • Fax to Patricia A. Kurkul 978–281– 9135; • E-mail to the following address: Herr2007to2009Specs@noaa.gov. Include in the subject line of the e-mail comment the following document identifier: ‘‘Comments, 2007–2009 Herring Specifications;’’ or • Electronically through the Federal e-Rulemaking portal: https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Eric Jay Dolin, Fishery Policy Analyst, 978– 281–9259, e-mail at eric.dolin@noaa.gov, fax at 978–281– 9135. SUPPLEMENTARY INFORMATION: Background On September 28, 2006, the New England Fishery Management Council (Council) recommended specifications 50 CFR Part 648 for the Atlantic herring fishery. At the [Docket No.061228342–6342–01; I.D. time, Amendment 1 to the Atlantic 122206A] Herring Fishery Management Plan (Amendment 1) was under RIN 0648–AT66 development. The notice of availability Fisheries of the Northeastern United for Amendment 1 was published in the States; Atlantic Herring Fishery; 2007– Federal Register on September 6, 2006 2009 Specifications (71 FR 52521), with the comment period ending on November 6, 2006. One of the AGENCY: National Marine Fisheries measures recommended in Amendment Service (NMFS), National Oceanic and 1 was the establishment of a 3–year Atmospheric Administration (NOAA), specifications setting process. Because Commerce. Amendment 1 was still under review ACTION: Proposed specifications; request when the Council submitted its for comments. proposed specifications, the specifications package included a SUMMARY: NMFS proposes specifications contingency provision. If the measure for the 2007–2009 Atlantic herring proposed in Amendment 1 to establish fishery. The intent of the specifications 3–year specifications was approved by is to conserve and manage the Atlantic NMFS, then the specifications described herring resource and provide for a in the Council’s package would be set sustainable fishery. for 3 years; but if the measure was not DATES: Comments must be received no approved, the specifications proposed later than 5 p.m., eastern standard time, by the Council would be implemented on February 9, 2007. for the 2007 fishing year only. On ADDRESSES: Copies of supporting December 6, 2006, NMFS partially documents, including the approved Amendment 1, including the Environmental Assessment, Regulatory 3–year specifications setting process. As Impact Review, Initial Regulatory a result, the specifications proposed in Flexibility Analysis (EA/RIR/IRFA), and this action would be set for 3 years. Essential Fish Habitat Assessment are While Amendment 1 has been partially available from Paul J. Howard, approved, the final rule implementing Executive Director, New England the Amendment is still under Fishery Management Council, 50 Water development. The proposed rule for Street, Mill 2, Newburyport, MA 01950. Amendment 1 was published in the The EA/RIR/IRFA is also accessible via Federal Register on September 27, 2006 the Internet at https://www.nero.gov. (71 FR 56446), and the comment period Written comments on the proposed ended on November 13, 2006. NMFS rule may be sent by any of the following expects to publish the final rule methods: implementing the approved measures in • Mail to Patricia A. Kurkul, Regional Amendment 1 in the near future. As modified by Amendment 1, the Administrator, NMFS, Northeast regulations implementing the FMP Regional Office, One Blackburn Drive, Gloucester, MA 01930. Mark the outside require the Council’s Plan Development of the envelope ‘‘Comments, 2007–2009 Team (PDT), which advises the Council on technical matters pertaining to Herring Specifications’’; National Oceanic and Atmospheric Administration PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\10JAP1.SGM 10JAP1

Agencies

[Federal Register Volume 72, Number 6 (Wednesday, January 10, 2007)]
[Proposed Rules]
[Pages 1204-1206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-131]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 172 and 174

[Docket No. RSPA-04-18730 (HM-232E)]
RIN 2137-AE02


Hazardous Materials: Enhancing Rail Transportation Safety and 
Security for Hazardous Materials Shipments

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

ACTION: Notice of public meeting.

-----------------------------------------------------------------------

SUMMARY: On December 21, 2006 the Pipeline and Hazardous Materials 
Safety Administration, in consultation with the Federal Railroad 
Administration and the Transportation Security Administration, 
published a notice of proposed rulemaking proposing to revise the 
current requirements in the Hazardous Materials Regulations applicable 
to the safe and secure transportation of hazardous materials 
transported in commerce by rail. Specifically, we are proposing to 
require rail carriers to compile annual data on specified shipments of 
hazardous materials, use the data to analyze safety and security risks 
along rail transportation routes where those materials are transported, 
assess alternative routing options, and make routing decisions based on 
those assessments. We are also proposing clarifications of the current 
security plan requirements to address en route storage, delays in 
transit, delivery notification, and additional security inspection 
requirements for hazardous materials shipments. PHMSA will hold two 
public meetings, on February 1, 2007, in Washington, DC, and February 
9, 2007, in Dallas, Texas, to obtain stakeholder comments on the 
proposed rail security requirements. Information on the dates and 
locations of the public meetings is provided in this notice.

[[Page 1205]]


DATES: Public Meetings:
    (1) February 1, 2007, starting at 9 a.m., in Washington, DC; and
    (2) February 9, 2007, starting at 9 a.m., in Dallas, Texas.
    Comments: In accordance with the timeframe established by the 
December 21, 2006 NPRM, comments to this docket must be received no 
later than February 20, 2007.

ADDRESSES: Public Meetings:
    (1) Holiday Inn Capitol, 550 C Street, SW., Washington, DC 20024.
    (2) Hyatt Regency Dallas Fort Worth Airport, International Parkway, 
P.O. Box 619014, DFW Airport, Texas, USA 75261.
    Oral Presentations: Any person wishing to present an oral statement 
should notify Ben Supko, by telephone or in writing at least four 
business days before the date of the public meeting at which the person 
wishes to speak. Oral statements will be limited to 15 minutes per 
commenter. For information on facilities or services for persons with 
disabilities or to request special assistance at the meetings, contact 
Mr. Supko as soon as possible.
    Docket: To access the docket for review of the comments and 
regulatory actions affecting this rulemaking go to https://dms.dot.gov 
and/or Room PL-401 on the Plaza level of the Nassif Building, 400 
Seventh Street, SW., Washington, DC between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    Written Comments: We invite interested parties who are unable to 
attend the public meeting, or who otherwise desire to submit written 
comments or data to submit any relevant information, data, or comments 
to the DOT Docket Management System Docket Number RSPA-04-18730 by any 
of the following methods:
     Web site: https://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
    Instructions: You must include the agency name and docket number 
RSPA-04-18730 for this notice at the beginning of your comment. 
Internet users may access comments received by DOT at https://
dms.dot.gov. Note that comments received may be posted without change 
to https://dms.dot.gov including any personal information provided. 
Please see the Privacy Act section of this document.
    While all comments should be sent to DOT's Docket Management System 
(DMS), comments or those portions of comments PHMSA determines to 
include trade secrets, confidential commercial information, or 
sensitive security information (SSI) will not be placed in the public 
docket and will be handled separately. If you believe your comments 
contain trade secrets, confidential commercial information, or SSI, 
those comments or the relevant portions of those comments should be 
appropriately marked so that DOT may make a determination. PHMSA 
procedures in 49 CFR part 105 establish a mechanism by which commenters 
may request confidentiality.
    In accordance with 49 CFR 105.30, you may ask PHMSA to keep 
information confidential using the following procedures: (1) Mark 
``confidential'' on each page of the original document you would like 
to keep confidential; (2) send DMS both the original document and a 
second copy of the original document with the confidential information 
deleted; and (3) explain why the information is confidential (such as a 
trade secret, confidential commercial information, or SSI). In your 
explanation, you should provide enough information to enable PHMSA to 
determine whether the information provided is protected by law and must 
be handled separately.
    In addition, for comments or portions of comments that you believe 
contain SSI as defined in 49 CFR 15.7, you should comply with Federal 
regulations governing restrictions on the disclosure of SSI. See 49 CFR 
1520.9 and 49 CFR 15.9, Restrictions on the disclosure of sensitive 
security information. For example, these sections restrict the sharing 
of SSI to those with a need to know, set out the requirement to mark 
the information as SSI, and address how the information should be 
disposed. Note also when mailing in or using a special delivery service 
to send comments containing SSI, comments should be wrapped in a manner 
to prevent the information from being read. PHMSA and TSA may perform 
concurrent reviews on requests for designations as SSI.
    After reviewing your request for confidentiality and the 
information provided, PHMSA will analyze applicable laws and 
regulations to decide whether to treat the information as confidential. 
PHMSA will notify you of the decision to grant or deny confidentiality. 
If PHMSA denies confidentiality, you will be provided an opportunity to 
respond to the denial before the information is publicly disclosed. 
PHMSA will reconsider its decision to deny confidentiality based on 
your response.
    Regarding comments not marked as confidential, prior to posting 
comments received in response to this notice in the public docket, 
PHMSA will review all comments, whether or not they are identified as 
confidential, to determine if the submission or portions of the 
submission contain information that should not be made available to the 
general public. PHMSA will notify you if the agencies make such a 
determination relative to your comment. If, prior to submitting your 
comment, you have any questions concerning the procedures for 
determining confidentiality or security sensitivity, you may call one 
of the individuals listed below under FOR FURTHER INFORMATION CONTACT 
for more information.

FOR FURTHER INFORMATION CONTACT: Susan Gorsky or Ben Supko, Office of 
Hazardous Materials Standards, (202) 366-8553, Pipeline and Hazardous 
Materials Safety Administration, U.S. Department of Transportation, 400 
Seventh Street, SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:
    On December 21, 2006, PHMSA, in consultation with the Federal 
Railroad Administration and the Transportation Security Administration 
of the Department of Homeland Security, published an NPRM proposing to 
revise the current requirements in the Hazardous Materials Regulations 
applicable to the safe and secure transportation of hazardous materials 
transported in commerce by rail. Specifically, the NPRM proposes to 
require rail carriers to compile annual data on specified shipments of 
hazardous materials, use the data to analyze safety and security risks 
along rail transportation routes where those materials are transported, 
assess alternative routing options, and make routing decisions based on 
those assessments. It also proposes to clarify the current security 
plan requirements to address en route storage, delays in transit, 
delivery notification, and additional security inspection requirements 
for hazardous materials shipments. In addition to our NPRM, TSA also 
published an NPRM in the December 21, 2006 edition of the Federal 
Register proposing additional security requirements for rail 
transportation.

[[Page 1206]]

    We urge interested parties to review the NPRM and the regulatory 
evaluation prepared in support of the NPRM and make oral presentations 
regarding the issues we discuss in the documents. A summary of the NPRM 
follows:
     We propose to require rail carriers transporting certain 
types of hazardous materials to compile information and data on the 
commodities transported, including the transportation routes over which 
these commodities are transported.
     We propose to require rail carriers transporting certain 
types of hazardous materials to use the data they compile on 
commodities they transport to analyze the safety and security risks for 
the transportation routes used and one possible alternative route to 
the one used. Rail carriers would be required to utilize these analyses 
to transport these materials over the safest and most secure 
commercially practicable routes.
     We propose to require rail carriers to specifically 
address the security risks associated with shipments delayed in transit 
or temporarily stored in transit as part of their security plans.
     We propose to require rail carriers transporting certain 
types of hazardous materials to notify consignees if there is a 
significant unplanned delay affecting the delivery of the hazardous 
material.
     We propose to require rail carriers to work with shippers 
and consignees to minimize the time a rail car containing certain types 
of hazardous materials is placed on track awaiting pick-up or delivery 
or transfer from one carrier to another.
     We propose to require rail carriers to notify storage 
facilities and consignees when rail cars containing certain types of 
hazardous materials are delivered to a storage or consignee facility.
     We propose to require rail carriers to conduct security 
visual inspections at ground level of rail cars containing hazardous 
materials to inspect for signs of tampering or the introduction of an 
improvised explosive device (IED).
    We are particularly interested in comments related to the 
feasibility and practicability from an operational perspective of the 
proposals in the NPRM, factors that should be considered by railroads 
in making routing decisions, and the costs that would be incurred to 
comply with the requirements proposed in the NPRM.

Documents

    A copy of the December 21, 2006 NPRM, the regulatory evaluation 
prepared in support of the NPRM, and any comments addressed to this 
docket are available through the DOT Docket Management System Web site: 
https://dms.dot.gov and/or Room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

    Issued in Washington, DC, on January 3, 2007, under authority 
delegated in 49 CFR part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. E7-131 Filed 1-9-07; 8:45 am]
BILLING CODE 4910-60-P