Hazardous Materials: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains, 48006-48007 [2017-22281]

Download as PDF 48006 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations with Middle Class Tax Relief and Job Creation Act of 2012. The Middle Class Tax Relief and Job Creation Act of 2012 provides that ‘‘the Governor shall choose whether to participate in the deployment of the nationwide, interoperable broadband network as proposed by [FirstNet,] or conduct its own deployment of a radio access network in such State.’’ If a Governor chooses not to participate in the NPSBN, section 6302(e)(3)(A) of the Act requires the Governor to ‘‘notify [FirstNet], the NTIA, and the Commission of such decision.’’ The Act also states that an opt-out state ‘‘shall submit’’ to the Commission an ‘‘alternative plan’’ for ‘‘the construction, maintenance, operation, and improvements’’ of the RAN within the state. Section 3(C)(ii) of the Act mandates that ‘‘upon submission of this plan, the Commission shall approve or disapprove of the plan.’’ We require that either the Governor or the Governor’s his duly authorized designee may provide notification of the Governor’s decision. The opt-out notification to the Commission must also include a certification that the state is providing simultaneous notice of its opt-out decision to both to NTIA and FirstNet. To facilitate the electronic filing of opt-out notifications, we will establish the email address opt-out@ fcc.gov as the address for this purpose. Each opt-out state will have 60 days from the completion of its Request For Proposal (240 days from the date of its opt-out notification to the Commission) to file an alternative state plan via the secure email address opt-out@fcc.gov or via certified mail to the Secretary’s office. Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary. [FR Doc. 2017–22339 Filed 10–13–17; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Part 174 jstallworth on DSKBBY8HB2PROD with RULES [Docket No. PHMSA–2017–0102] Hazardous Materials: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. AGENCY: VerDate Sep<11>2014 14:58 Oct 13, 2017 Jkt 244001 Notification of availability; request for comments. ACTION: FOR FURTHER INFORMATION CONTACT: 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: https:// 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 selfaddressed stamped postcard. Mark Johnson, Senior Economist, Pipeline and Hazardous Materials Safety Administration, by telephone at 202– 366–4495 or by email at mark.johnson@ dot.gov; or, Mark Anderson, Industry Economist, Federal Railroad Administration, by telephone at 202– 493–6078 or by email at mark.anderson@dot.gov. 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). 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 SUMMARY: 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. PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 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.’’ 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 E:\FR\FM\16OCR1.SGM 16OCR1 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 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-oftrain 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. 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 https:// 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 48007 common pool vessels for the remainder of the fishing year, through April 30, 2018. In addition, we are reducing the 2017 fishing year Georges Bank cod subannual catch limit for the common pool due to an overage in fishing year 2016. Effective October 11, 2017, through April 30, 2018. DATES: FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 151211999–6343–02] RIN 0648–XF747 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trimester 2 Georges Bank Cod Total Allowable Catch Area Closure; Updated 2017 Georges Bank Cod Annual Catch Limit for the Common Pool; Possession Prohibition for the Common Pool Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; area closure and inseason adjustment. AGENCY: We are closing the Georges Bank Cod Trimester Total Allowable Catch Area for the remainder of Trimester 2, through December 31, 2017. This action also prohibits possession of Georges Bank cod by SUMMARY: Spencer Talmage, Fishery Management Specialist, (978) 281–9232, spencer.talmage@noaa.gov. We recently approved Framework Adjustment 56, which set 2017 annual catch limits (ACLs) for groundfish stocks (82 FR 16133). The possibility of minor adjustments and corrections was noted in the Framework 56 proposed and final rules because final allocations are not always available at the time of the rulemaking for the upcoming fishing year. Based on final 2016 catch information that recently became available, the fishing year 2016 common pool subACL for Georges Bank (GB) cod was exceeded by 2.8 metric tons (mt). If the common pool sub-ACL for any stock is exceeded, we are required to reduce the common pool sub-ACL by the amount of the overage in the next fishing year. Therefore, this action reduces the fishing year 2017 GB cod common pool sub-ACL by 2.8 mt, which results in a revised 2017 GB cod common pool subACL of 7.0 mt. The revised Trimester Total Allowable Catches (TACs) are provided in Table 1. SUPPLEMENTARY INFORMATION: TABLE 1—CURRENT AND REVISED GEORGES BANK COD TRIMESTER TACS Trimester 1 jstallworth on DSKBBY8HB2PROD with RULES Allocation Percentage ......................................................................................................................................... Current Trimester TAC ........................................................................................................................................ Revised Trimester TAC ....................................................................................................................................... Trimester 2 Trimester 3 25% ....... 2.4 mt ..... 1.7 mt ..... 37% ........ 3.6 mt ..... 2.6 mt ..... 38%. 3.7 mt. 2.7 mt. As of October 3, 2017, the common pool fishery is projected to have caught 123 percent of the adjusted Trimester 2 TAC (2.6 mt) for GB cod. Additionally, the common pool fishery has caught 83 percent of its adjusted 2017 sub-ACL, and has only 1.2 mt left for the remainder of the fishing year. Federal regulations at 50 CFR 648.82(n)(2)(ii) require the Regional Administrator to close a common pool Trimester TAC Area for a stock when 90 percent of the Trimester TAC is projected to be caught. The closure applies to all common pool vessels fishing with gear capable of catching that stock for the remainder of the trimester. As a result, effective October 11, 2017, the GB Cod Trimester TAC Area is closed for the remainder of Trimester 2, through December 31, 2017, to all common pool vessels fishing on a Northeast multispecies trip with trawl gear, sink gillnet gear, and longline/ hook gear, including handgear vessels. The GB Cod Trimester TAC Area consists of statistical areas 521, 522, 525, and 561. The area reopens at the beginning of Trimester 3, on January 1, 2018. Data indicate that common pool vessels have caught a significant portion of the total catch from outside the statistical areas that will be affected by the closure described above. The Regional Administrator is authorized under 50 CFR 648.86(o)(1) to adjust possession and trip limits for common pool vessels to prevent exceeding 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 VerDate Sep<11>2014 14:58 Oct 13, 2017 Jkt 244001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\16OCR1.SGM 16OCR1

Agencies

[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.

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

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: https://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 mark.johnson@dot.gov; or, Mark Anderson, 
Industry Economist, Federal Railroad Administration, by telephone at 
202-493-6078 or by email at mark.anderson@dot.gov.

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).
---------------------------------------------------------------------------

    \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.''
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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 https://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