Hazardous Materials: Improving the Safety of Railroad Transportation of Hazardous Materials, 4276-4277 [2011-1455]
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4276
Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Proposed Rules
srobinson on DSKHWCL6B1PROD with PROPOSALS
In addition, EPA is proposing
approval of certain other deletion and
renumbering of APEN requirements.
The provisions (using the numbering
from the EPA-approved SIP, effective
February 21, 1997) that are proposed for
deletion are: II.B.8., II.B.10., and
II.D.4.b. Deletion of the exemptions in
II.D.4.b. makes the SIP more stringent,
and deletion of the other provisions
does not impact APEN requirements
and exemptions, nor any other SIP
provisions. EPA therefore proposes to
approve these deletions. EPA’s
proposed approval of the renumbering
of APEN requirements will be for the
entirety of the language and their new
location in Section I.B. The provision
references, before the renumbering,
were: II.B.5. and II.B. 9. The references,
after the renumbering, are, respectively:
I.B.43 and I.B.16. The renumbering of
these provisions does not impact APEN
requirements and exemptions, nor any
other SIP provisions.
As indicated in the Background
section of this action, for each of the
APEN provisions in Regulation Number
3, Part A, Sections II.A. through II.D.,
EPA’s TSD identifies the cumulative
revisions (if any) submitted by the State
between 1997 and 2007, provides its
assessment of the revisions within the
regulatory context referenced earlier in
this action, and indicates EPA’s
proposed action (approval, no action, or
disapproval.)
VII. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
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16:39 Jan 24, 2011
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• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile Organic
Compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 13, 2011.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. 2011–1477 Filed 1–24–11; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 174
[Docket No. FRA–2011–0004]
Hazardous Materials: Improving the
Safety of Railroad Transportation of
Hazardous Materials
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of Public Meeting.
AGENCY:
This notice announces that
FRA has scheduled a public meeting in
Washington, DC, to discuss its process
of issuing movement approvals
pursuant to Title 49 Code of Federal
Regulations (CFR) 174.50. In an effort to
continually improve this aspect of its
safety program, FRA is undertaking a
comprehensive review of its process of
issuing movement approvals, and
through this public meeting seeks to
gain input from all persons and
stakeholders affected or interested in
this aspect of FRA’s hazardous materials
program.
DATES: The public meeting will be held
on Tuesday, February 22, 2011, starting
at 1 p.m.
ADDRESSES: The public meeting will be
held at the DOT Conference Center,
located at 1200 New Jersey Avenue, SE.,
Washington, DC 20590 in the Oklahoma
Conference Room (Rooms A–B–C).
Oral Presentations: In order to ensure
all interested parties are provided ample
opportunity to speak at the meeting, any
person wishing to present an oral
statement should notify Mr. Karl Alexy,
P.E., Engineer—Hazardous Materials,
FRA Office of Safety Assurance and
Compliance, at least 4 business days
before the date of the public meeting.
Mr. Alexy can be reached by e-mail at
Karl.Alexy@dot.gov or by phone at (202)
493–6245. For information on facilities
or services for persons with disabilities,
or to request special assistance at the
meeting, contact Mr. Alexy as soon as
possible.
FRA will make a teleconference line
available for any interested party who
wishes to attend the meeting by phone.
Any interested party desiring to attend
the meeting by phone should contact
Mr. Alexy as soon as possible.
Written Comments: We invite
interested parties who are unable to
attend the meeting, or who otherwise
desire to submit written comments or
data, to submit any relevant
information, data, or comments to the
above-referenced docket (FRA–2011–
SUMMARY:
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25JAP1
Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Proposed Rules
srobinson on DSKHWCL6B1PROD with PROPOSALS
0004). Written comments may be
submitted by any of the following
methods:
• Web site: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue, SE., Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
Comments submitted by March 24,
2011, will be considered by FRA.
Comments submitted after that date will
be considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT: Karl
Alexy, Engineer–Hazardous Materials
Division, at (202) 493–6245 or
Karl.Alexy@dot.gov; or William
Schoonover, Staff Director, Hazardous
Materials Division, at (202) 493–6229 or
William.Schoonover@dot.gov, FRA
Office of Safety Assurance and
Compliance.
SUPPLEMENTARY INFORMATION: Pursuant
to 49 CFR 174.50, FRA has the authority
to approve the rail movement of bulk
hazardous materials packages that do
not conform to the hazardous materials
regulations (HMR; 49 CFR parts 171–
180). The genesis of 49 CFR 174.50 was
the 1996 consolidation of various
regulatory provisions that prohibited
railroads from forwarding damaged
packages, leaking tank cars (except for
necessary short moves), or any tank car
found in noncompliance with the HMR,
except under the terms of a DOT
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16:39 Jan 24, 2011
Jkt 223001
exemption (now referred to as a DOT
‘‘special permit’’). In consolidating these
regulatory provisions and authorizing
FRA’s Associate Administrator for
Railroad Safety/Chief Safety Officer to
approve the movements of
nonconforming packages by rail, the
stated goal of the Research and Special
Programs Administration (the Pipeline
and Hazardous Materials Safety
Administration’s predecessor agency)
was to make clear that the movement of
packages that do not conform to the
HMR was prohibited, but at the same
time, provide a method to allow bulk
packages (including tank cars) that no
longer meet their packaging
specifications to be moved safely by rail
when necessary to effect corrective
actions and repairs. See 60 FR 65,492
and 65,495 (December 19, 1995); 61 FR
28,666 and 28,669 (June 5, 1996); and 65
FR 50,450 and 50,455 (August 18, 2000).
The number of movement approvals
issued by FRA over the last several
years has steadily increased. FRA issued
380 movement approvals in calendar
year (CY) 2007, 444 in CY 2008, 645 in
CY 2009, and 906 in CY 2010.
Movement approvals have been issued
for such nonconformances as service
equipment, tank shell, or lining failures;
overloaded packagings; jacket, tank car
shell, or head damage; stub sill weld
cracks; failures of heater coils or thermal
protection systems; tank cars overdue
for required tests; and other reasons.
Significant information on the
movement approval process can be
found on FRA’s Web site at https://
www.fra.dot.gov/downloads/safety/
OTMAapprovalrequest1010.pdf.
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4277
As part of FRA’s ongoing regulatory
review efforts, and given the increasing
number of movement approvals FRA
has issued over the last several years,
FRA believes a comprehensive review of
its process will ensure the continued
efficient handling of movement
approval requests, while at the same
time, ensuring that all relevant safety
aspects of such requests are adequately
considered. FRA encourages all
interested persons to participate in this
meeting, either in person at the address
noted above or via telephone. We
encourage participants (wishing to make
oral statements) to plan on attending the
entire meeting, since FRA may not be
able to accommodate competing
demands to appear at specific times. A
transcript of the meeting will be made
available to meeting participants and
the public through the above-referenced
docket (FRA–2011–0004).
Privacy: Anyone is able to search all
comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(Volume 665, Number 70, Pages 19477–
78) or at https://www.dot.gov/
privacy.html.
Issued in Washington, DC, on January 19,
2011.
Robert C. Lauby,
Deputy Associate Administrator for
Regulatory and Legislative Operations.
[FR Doc. 2011–1455 Filed 1–24–11; 8:45 am]
BILLING CODE 4910–60–P
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Agencies
[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Proposed Rules]
[Pages 4276-4277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1455]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 174
[Docket No. FRA-2011-0004]
Hazardous Materials: Improving the Safety of Railroad
Transportation of Hazardous Materials
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of Public Meeting.
-----------------------------------------------------------------------
SUMMARY: This notice announces that FRA has scheduled a public meeting
in Washington, DC, to discuss its process of issuing movement approvals
pursuant to Title 49 Code of Federal Regulations (CFR) 174.50. In an
effort to continually improve this aspect of its safety program, FRA is
undertaking a comprehensive review of its process of issuing movement
approvals, and through this public meeting seeks to gain input from all
persons and stakeholders affected or interested in this aspect of FRA's
hazardous materials program.
DATES: The public meeting will be held on Tuesday, February 22, 2011,
starting at 1 p.m.
ADDRESSES: The public meeting will be held at the DOT Conference
Center, located at 1200 New Jersey Avenue, SE., Washington, DC 20590 in
the Oklahoma Conference Room (Rooms A-B-C).
Oral Presentations: In order to ensure all interested parties are
provided ample opportunity to speak at the meeting, any person wishing
to present an oral statement should notify Mr. Karl Alexy, P.E.,
Engineer--Hazardous Materials, FRA Office of Safety Assurance and
Compliance, at least 4 business days before the date of the public
meeting. Mr. Alexy can be reached by e-mail at Karl.Alexy@dot.gov or by
phone at (202) 493-6245. For information on facilities or services for
persons with disabilities, or to request special assistance at the
meeting, contact Mr. Alexy as soon as possible.
FRA will make a teleconference line available for any interested
party who wishes to attend the meeting by phone. Any interested party
desiring to attend the meeting by phone should contact Mr. Alexy as
soon as possible.
Written Comments: We invite interested parties who are unable to
attend the meeting, or who otherwise desire to submit written comments
or data, to submit any relevant information, data, or comments to the
above-referenced docket (FRA-2011-
[[Page 4277]]
0004). Written comments may be submitted by any of the following
methods:
Web site: https://www.regulations.gov. Follow the online
instructions for submitting comments.
Fax: 202-493-2251.
Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
Comments submitted by March 24, 2011, will be considered by FRA.
Comments submitted after that date will be considered to the extent
practicable.
FOR FURTHER INFORMATION CONTACT: Karl Alexy, Engineer-Hazardous
Materials Division, at (202) 493-6245 or Karl.Alexy@dot.gov; or William
Schoonover, Staff Director, Hazardous Materials Division, at (202) 493-
6229 or William.Schoonover@dot.gov, FRA Office of Safety Assurance and
Compliance.
SUPPLEMENTARY INFORMATION: Pursuant to 49 CFR 174.50, FRA has the
authority to approve the rail movement of bulk hazardous materials
packages that do not conform to the hazardous materials regulations
(HMR; 49 CFR parts 171-180). The genesis of 49 CFR 174.50 was the 1996
consolidation of various regulatory provisions that prohibited
railroads from forwarding damaged packages, leaking tank cars (except
for necessary short moves), or any tank car found in noncompliance with
the HMR, except under the terms of a DOT exemption (now referred to as
a DOT ``special permit''). In consolidating these regulatory provisions
and authorizing FRA's Associate Administrator for Railroad Safety/Chief
Safety Officer to approve the movements of nonconforming packages by
rail, the stated goal of the Research and Special Programs
Administration (the Pipeline and Hazardous Materials Safety
Administration's predecessor agency) was to make clear that the
movement of packages that do not conform to the HMR was prohibited, but
at the same time, provide a method to allow bulk packages (including
tank cars) that no longer meet their packaging specifications to be
moved safely by rail when necessary to effect corrective actions and
repairs. See 60 FR 65,492 and 65,495 (December 19, 1995); 61 FR 28,666
and 28,669 (June 5, 1996); and 65 FR 50,450 and 50,455 (August 18,
2000).
The number of movement approvals issued by FRA over the last
several years has steadily increased. FRA issued 380 movement approvals
in calendar year (CY) 2007, 444 in CY 2008, 645 in CY 2009, and 906 in
CY 2010. Movement approvals have been issued for such nonconformances
as service equipment, tank shell, or lining failures; overloaded
packagings; jacket, tank car shell, or head damage; stub sill weld
cracks; failures of heater coils or thermal protection systems; tank
cars overdue for required tests; and other reasons. Significant
information on the movement approval process can be found on FRA's Web
site at https://www.fra.dot.gov/downloads/safety/OTMAapprovalrequest1010.pdf.
As part of FRA's ongoing regulatory review efforts, and given the
increasing number of movement approvals FRA has issued over the last
several years, FRA believes a comprehensive review of its process will
ensure the continued efficient handling of movement approval requests,
while at the same time, ensuring that all relevant safety aspects of
such requests are adequately considered. FRA encourages all interested
persons to participate in this meeting, either in person at the address
noted above or via telephone. We encourage participants (wishing to
make oral statements) to plan on attending the entire meeting, since
FRA may not be able to accommodate competing demands to appear at
specific times. A transcript of the meeting will be made available to
meeting participants and the public through the above-referenced docket
(FRA-2011-0004).
Privacy: Anyone is able to search all comments received into any of
our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review DOT's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (Volume
665, Number 70, Pages 19477-78) or at https://www.dot.gov/privacy.html.
Issued in Washington, DC, on January 19, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2011-1455 Filed 1-24-11; 8:45 am]
BILLING CODE 4910-60-P