Hazardous Materials: Rail Petitions and Recommendations To Improve the Safety of Railroad Tank Car Transportation (RRR), 66326-66327 [2013-26402]

Download as PDF wreier-aviles on DSK5TPTVN1PROD with PROPOSALS 66326 Federal Register / Vol. 78, No. 214 / Tuesday, November 5, 2013 / Proposed Rules an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through https:// www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. 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Hours of Operation: Monday, Tuesday and Wednesday from 10:00 a.m. to 6:00 p.m.; Thursday from 12:00 p.m. to 8:00 p.m.; and Saturday from 10:00 a.m. to 2:00 p.m. FOR FURTHER INFORMATION CONTACT: William Joyner, Remedial Project Manager, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, GA 30303–8960, (404) 562–8795, email: Joyner.William@ EPA.gov. SUPPLEMENTARY INFORMATION: In the ‘‘Rules and Regulations’’ Section of today’s Federal Register, we are publishing a direct final Notice of Deletion of the Geiger (C&M Oil) Superfund Site without prior Notice of Intent to Delete because we view this as a noncontroversial revision and anticipate no adverse comment. We VerDate Mar<15>2010 14:55 Nov 04, 2013 Jkt 232001 have explained our reasons for this deletion in the preamble to the direct final Notice of Deletion, and those reasons are incorporated herein. If we receive no adverse comment(s) on this deletion action, we will not take further action on this Notice of Intent to Delete. If we receive adverse comment(s), we will withdraw the direct final Notice of Deletion, and it will not take effect. We will, as appropriate, address all public comments in a subsequent final Notice of Deletion based on this Notice of Intent to Delete. We will not institute a second comment period on this Notice of Intent to Delete. Any parties interested in commenting must do so at this time. For additional information, see the direct final Notice of Deletion which is located in the Rules section of this Federal Register. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous waste, Hazardous substances, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 3 CFR, 1987 Comp., p. 193. Dated: September 23, 2013. A. Stanley Meiburg, Acting Regional Administrator, Region 4. [FR Doc. 2013–26513 Filed 11–4–13; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 173, 174, 178, 179, and 180 [Docket No. PHMSA–2012–0082 (HM–251)] RIN 2137–AE91 Hazardous Materials: Rail Petitions and Recommendations To Improve the Safety of Railroad Tank Car Transportation (RRR) Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Advance Notice of Proposed Rulemaking (ANPRM), extension of comment period. AGENCY: PHMSA is notifying the public of our intent to extend the comment period by 30 days for a notice SUMMARY: PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 of proposed rulemaking published on September 6, 2013. DATES: The comment period for the ANPRM closing on November 5, 2013 is extended until December 5, 2013. To the extent possible, PHMSA will consider late-filed comments during the next stage of the rulemaking process. ADDRESSES: You may submit comments identified by the docket number (PHMSA–2012–0082) by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251. • Mail: Docket Operations, 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 Docket Operations, 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 notice at the beginning of the comment. Note that all comments received will be posted without change to the docket management system, including any personal information provided. Docket: For access to the dockets to read background documents or comments received, go to https:// www.regulations.gov, or DOT’s Docket Operations Office (see ADDRESSES). FOR FURTHER INFORMATION CONTACT: Karl Alexy, (202) 493–6245, Office of Safety Assurance and Compliance, Federal Railroad Administration or Ben Supko, (202) 366–8553, Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, US Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590–0001. SUPPLEMENTARY INFORMATION: I. Background On September 6, 2013, PHMSA published a notice of proposed rulemaking (ANPRM; 78 FR 54849) seeking public comments on whether issues raised in eight petitions and four NTSB recommendations would enhance safety, revise, and clarify the Hazardous Materials Regulations (HMR; 49 CFR parts 171–180) with regard to rail transport. Specifically, we requested comments on important amendments that would: (1) Enhance the standards E:\FR\FM\05NOP1.SGM 05NOP1 Federal Register / Vol. 78, No. 214 / Tuesday, November 5, 2013 / Proposed Rules wreier-aviles on DSK5TPTVN1PROD with PROPOSALS for DOT Specification 111 tank cars used to transport Packing Group I and II hazardous materials; (2) explore the feasibility of additional operational requirements to enhance the safe transportation of Packing Group I and II hazardous materials; (3) afford DOT greater discretion to authorize the movement of non-conforming tank cars; (4) correct regulations that allow an unsafe condition associated with pressure relief valves (PRV) on rail cars transporting carbon dioxide, refrigerated liquid; (5) revise outdated regulations applicable to the repair and maintenance of DOT Specification 110, DOT Specification 106, and ICC 27 tank car tanks (ton tanks); and (6) except rupture discs from removal if the inspection itself would damage, change, or alter the intended operation of the device. II. Comment Period Extension We received a request to extend the comment period by 90-days from the Sierra Club on behalf of Climate Parents, Columbia Riverkeeper, ForestEthics, Friends of Earth, Natural Resources Defense Council, Oil Change International, San Francisco Baykeeper, Spokane Riverkeeper, Washington Environmental Council, and the Waterkeeper Alliance. The request indicates that the primary basis for extension is to allow the public a meaningful review of these proposed changes in rail safety, especially regarding tank cars transporting crude oil and tar sands while highlighting several recent tank car incidents. The request also indicates that the recent government shutdown prevented communication with DOT staff for review of the technical proposals during the initial 60-day comment period. Although PHMSA normally considers an initial 60-day comment period sufficient time to review and respond to rulemaking proposals, due to PHMSA’s desire to collect meaningful input from a number of potentially affected stakeholders, PHMSA is consenting to the commenter request to extend the comment period to ensure sufficient time for public review. However, we do not consider a 90-day extension to be warranted. Accordingly, in the interest of moving this rulemaking action forward in a timely manner, we believe, extending the comment period by 30 days would allow sufficient to time to conduct a thorough review. 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 VerDate Mar<15>2010 14:55 Nov 04, 2013 Jkt 232001 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 (65 FR 19477) or you may visit https:// www.regulations.gov. Issued in Washington, DC, on October 30, 2013 under authority delegated in 49 CFR 1.97. Magdy El-Sibaie, Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 2013–26402 Filed 11–4–13; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 RIN 0648–BC09 Atlantic Highly Migratory Species (HMS); 2006 Consolidated Highly Migratory Species Fishery Management Plan; Amendment 7 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice of rescheduled public hearings. AGENCY: On August 22, 2013, NMFS published a notice of public hearings for Draft Amendment 7 to the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (2006 Consolidated HMS FMP), which provided dates and locations for ten scheduled public hearings. Three of the ten scheduled public hearings were cancelled due to the shut-down of the Federal Government from October 1 through 16, 2013. In this document, NMFS announces the dates and locations for three rescheduled public hearings to provide opportunities for members of the public to comment on the management measures proposed in Draft Amendment 7. The Amendment 7 proposed rule, which published August 21, 2013, includes a variety of management measures to ensure sustainable management of bluefin tuna consistent with the 2006 Consolidated HMS FMP and address ongoing management challenges in the Atlantic bluefin tuna fisheries. DATES: The rescheduled public hearings will be held on November 12 and 13, and December 3, 2013. Written comments will be accepted until SUMMARY: PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 66327 December 10, 2013. See SUPPLEMENTARY for specific meeting dates, times, and locations. ADDRESSES: The rescheduled public hearings will be held in Florida, and New Jersey. See SUPPLEMENTARY INFORMATION for dates, times, and locations. You may submit comments on the proposed rule, identified by ‘‘NOAA– NMFS–2013–0101,’’ by any of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20130101, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. Do not submit electronic comments to individual NMFS staff. • Mail: Submit written comments to Thomas Warren, Highly Migratory Species Management Division, NMFS, 55 Great Republic Drive, Gloucester, MA 01930. Please mark the outside of the envelope ‘‘Comments on Amendment 7 to the HMS FMP.’’ • Fax: 978–281–9340; Attn: Thomas Warren. • Instructions: Comments must be submitted by one of the above methods to ensure that the comments are received, documented, and considered by NMFS. Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. All comments received are a part of the public record and generally will be posted for public viewing on www.regulations.gov without change. All Personal Identifying Information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). You may submit attachments to electronic comments in Microsoft Word or Excel, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Thomas Warren or Brad McHale at 978– 281–9260; Craig Cockrell or Jennifer Cudney at 301–427–8503. SUPPLEMENTARY INFORMATION: The North Atlantic tuna fisheries are managed under the dual authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and the INFORMATION E:\FR\FM\05NOP1.SGM 05NOP1

Agencies

[Federal Register Volume 78, Number 214 (Tuesday, November 5, 2013)]
[Proposed Rules]
[Pages 66326-66327]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26402]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 173, 174, 178, 179, and 180

[Docket No. PHMSA-2012-0082 (HM-251)]
RIN 2137-AE91


Hazardous Materials: Rail Petitions and Recommendations To 
Improve the Safety of Railroad Tank Car Transportation (RRR)

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

ACTION: Advance Notice of Proposed Rulemaking (ANPRM), extension of 
comment period.

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

SUMMARY: PHMSA is notifying the public of our intent to extend the 
comment period by 30 days for a notice of proposed rulemaking published 
on September 6, 2013.

DATES: The comment period for the ANPRM closing on November 5, 2013 is 
extended until December 5, 2013. To the extent possible, PHMSA will 
consider late-filed comments during the next stage of the rulemaking 
process.

ADDRESSES: You may submit comments identified by the docket number 
(PHMSA-2012-0082) by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations, 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 Docket Operations, 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 notice at the beginning of the comment. Note 
that all comments received will be posted without change to the docket 
management system, including any personal information provided.
    Docket: For access to the dockets to read background documents or 
comments received, go to https://www.regulations.gov, or DOT's Docket 
Operations Office (see ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Karl Alexy, (202) 493-6245, Office of 
Safety Assurance and Compliance, Federal Railroad Administration or Ben 
Supko, (202) 366-8553, Standards and Rulemaking Division, Pipeline and 
Hazardous Materials Safety Administration, US Department of 
Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

I. Background

    On September 6, 2013, PHMSA published a notice of proposed 
rulemaking (ANPRM; 78 FR 54849) seeking public comments on whether 
issues raised in eight petitions and four NTSB recommendations would 
enhance safety, revise, and clarify the Hazardous Materials Regulations 
(HMR; 49 CFR parts 171-180) with regard to rail transport. 
Specifically, we requested comments on important amendments that would: 
(1) Enhance the standards

[[Page 66327]]

for DOT Specification 111 tank cars used to transport Packing Group I 
and II hazardous materials; (2) explore the feasibility of additional 
operational requirements to enhance the safe transportation of Packing 
Group I and II hazardous materials; (3) afford DOT greater discretion 
to authorize the movement of non-conforming tank cars; (4) correct 
regulations that allow an unsafe condition associated with pressure 
relief valves (PRV) on rail cars transporting carbon dioxide, 
refrigerated liquid; (5) revise outdated regulations applicable to the 
repair and maintenance of DOT Specification 110, DOT Specification 106, 
and ICC 27 tank car tanks (ton tanks); and (6) except rupture discs 
from removal if the inspection itself would damage, change, or alter 
the intended operation of the device.

II. Comment Period Extension

    We received a request to extend the comment period by 90-days from 
the Sierra Club on behalf of Climate Parents, Columbia Riverkeeper, 
ForestEthics, Friends of Earth, Natural Resources Defense Council, Oil 
Change International, San Francisco Baykeeper, Spokane Riverkeeper, 
Washington Environmental Council, and the Waterkeeper Alliance. The 
request indicates that the primary basis for extension is to allow the 
public a meaningful review of these proposed changes in rail safety, 
especially regarding tank cars transporting crude oil and tar sands 
while highlighting several recent tank car incidents. The request also 
indicates that the recent government shutdown prevented communication 
with DOT staff for review of the technical proposals during the initial 
60-day comment period.
    Although PHMSA normally considers an initial 60-day comment period 
sufficient time to review and respond to rulemaking proposals, due to 
PHMSA's desire to collect meaningful input from a number of potentially 
affected stakeholders, PHMSA is consenting to the commenter request to 
extend the comment period to ensure sufficient time for public review. 
However, we do not consider a 90-day extension to be warranted. 
Accordingly, in the interest of moving this rulemaking action forward 
in a timely manner, we believe, extending the comment period by 30 days 
would allow sufficient to time to conduct a thorough review.
    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 published on April 11, 2000 (65 FR 19477) or you 
may visit https://www.regulations.gov.

    Issued in Washington, DC, on October 30, 2013 under authority 
delegated in 49 CFR 1.97.
 Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2013-26402 Filed 11-4-13; 8:45 am]
BILLING CODE 4910-60-P

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