Hazardous Materials: Announcement of the Department of Transportation's Decision on Electronically Controlled Pneumatic Braking, 58582-58583 [2017-26546]
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Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Proposed Rules
collected as allowed by law or
regulation.
[Delete 10.2 in its entirety.]
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2.1
[Move text of 2.1 under new heading
2.1.1, Local Decision to read as follows:]
2.1.1
607 Mailer Compliance and Appeals
of Classification Decisions
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2.0
Decisions
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Rulings on Mailing Standards
[Revise the heading of 2.1 to read as
follows:]
Local Decision
A mailer who disagrees with a
classification decision by a local Post
Office, whether on a pending or a
proposed mailing, may send a written
appeal to the postmaster within 30 days.
The appeal is forwarded to the manager,
Pricing and Classification Service
Center (PCSC). The manager, PCSC
If the initial revenue deficiency assessment was made
by:
First–level appeal
Postmaster; manager, Business Mail Entry; manager,
Revenue and Compliance; or other Postal official.
manager, PCSC ................................................................
All appeals must be submitted in
writing within 30 days of the previous
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appealed as prescribed becomes the
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We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes if this proposal is
adopted.
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2017–26740 Filed 12–12–17; 8:45 am]
BILLING CODE 7710–12–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 174
[Docket No. PHMSA–2017–0102; Notice No.
2017–12]
Hazardous Materials: Announcement
of the Department of Transportation’s
Decision on Electronically Controlled
Pneumatic Braking
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Announcement of Department
determination.
sradovich on DSK3GMQ082PROD with PROPOSALS
AGENCY:
In this document, the
Department of Transportation is
announcing that after careful review,
and as mandated by Section 7311 of the
Fixing America’s Surface Transportation
(FAST) Act, the Department of
SUMMARY:
VerDate Sep<11>2014
16:09 Dec 12, 2017
Jkt 244001
manager, PCSC (see
608.8.0 for address).
manager, Product Classification.
Final Rule
Frm 00017
Fmt 4702
Sfmt 4702
Nonprofit mailers have two levels of
appeal. They may appeal revenue
deficiency assessments as follows:
manager, Product Classification (see 608.8.0 for address).
vice president, Marketing (see 608.8.0 for address).
On May 8, 2015, PHMSA, in
coordination with FRA, published a
Final Rule adopting requirements
intended to reduce the consequences
and, in some instances, reduce the
PO 00000
2.1.2 Nonprofit USPS Marketing Mail
Decision
Second–level appeal and final USPS decision
Transportation has reviewed the final
updated Regulatory Impact Analysis
(RIA) and determined that the HM–251
Final Rule’s electronically controlled
pneumatic (ECP) brake requirements are
not economically justified. As the
expected benefits do not exceed the
expected costs, PHMSA and the Federal
Railroad Administration (FRA) will
initiate a rulemaking to rescind the
necessary regulatory provisions.
DATES: December 13, 2017.
ADDRESSES: All documents and
comments related to this matter,
including the final updated RIA, are still
available for review at https://
www.regulations.gov in Docket Number
PHMSA–2017–0102.
FOR FURTHER INFORMATION CONTACT: For
public affairs related questions, please
contact Patricia Klinger, Deputy Director
within PHMSA’s Office of
Governmental, International, and Public
Affairs, by email at
phmsa.publicaffairs@dot.gov, or by
telephone at 202–366–4831. For
economic (RIA) related questions,
please contact Mark Johnson, Senior
Economist, PHMSA, by telephone at
202–366–4495 or by email at
mark.johnson@dot.gov. For rulemaking
related questions, please contact
Matthew Nickels, Senior Regulations
Officer, PHMSA, by telephone at 202–
366–8553 or by email at
matthew.nickels@dot.gov.
SUPPLEMENTARY INFORMATION:
HM–251
issues the final agency decision. Only
the manager, PCSC may rule on an
appeal or initial request for a ruling on
an exception to a USPS standard in the
DMM.
[Add new 2.1.2, Nonprofit USPS
Marketing Mail Decision, to read as
follows:]
probability of accidents involving trains
transporting large quantities of
flammable liquids. See 80 FR 26643.1
The Final Rule defined certain trains
transporting large volumes of flammable
liquids as high-hazard flammable trains
(HHFT) 2 and others as high-hazard
flammable unit trains (HHFUT).3 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).
Fixing America’s Surface
Transportation (FAST) Act
In December 2015, Congress passed
the FAST Act.4 Public Law 114–94, 129
Stat. 1686 (Dec. 4, 2015). 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 was also
required to solicit public comment on
the updated RIA, and issue a final
updated RIA, responding to comments
and incorporating any useful
information provided. Finally, Section
1 https://www.gpo.gov/fdsys/pkg/FR-2015-05-08/
pdf/2015-10670.pdf
2 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.
3 The Final Rule defined an HHFUT as ‘‘a single
train transporting 70 or more loaded tank cars
containing Class 3 flammable liquid.’’
4 https://www.gpo.gov/fdsys/pkg/PLAW114publ94/html/PLAW-114publ94.htm.
E:\FR\FM\13DEP1.SGM
13DEP1
58583
Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Proposed Rules
7311 required 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 demonstrated that the
benefits exceed the costs. The FAST Act
required this process to be completed no
later than December 4, 2017.
Section 7311 required DOT to enter
into an agreement with National
Academy of Sciences (NAS) to test ECP
brakes and reevaluate the economic
analysis supporting the ECP brake
requirement of the Final Rule.5 Section
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 U.S. General
Accountability Office (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.6
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.7 Both audits are
discussed in the final updated RIA.
October 16, 2017—Federal Register
Document and Request for Comments
On October 16, 2017, PHMSA
published a Federal Register document
that provided the public with an
opportunity to comment on the updated
RIA. See 82 FR 48006.8 All documents
and comments related to this matter,
including the updated RIA, are still
available for review at https://
www.regulations.gov in Docket Number
PHMSA–2017–0102.
Final Determination
The final updated RIA shows that the
ECP brake requirements are not
expected to be cost beneficial under any
scenario assessed. These include a range
of crude oil volume by rail forecasts—
one that shows volumes shipped by rail
rebounding over a period of time to
close to the levels predicted at the
rulemaking stage, one that shows levels
flattening at those seen over the past few
years, and a third showing declining
volumes of crude oil shipped by rail.
The estimated costs and benefits for the
20-year analysis are presented in the
following (figures are in millions of
dollars):
TABLE #1
[Millions of dollars]
Total
7 Percent
Low
High
Low
High
Tank Cars ..................................
Locomotives ..............................
Asset Management ...................
Training .....................................
$274.48
115.67
0.52
36.58
$364.48
153.25
0.52
36.58
$191.69
85.86
0.52
36.58
$237.76
105.03
0.52
32.29
$318.49
140.42
0.52
32.29
Total Costs .........................
Damage Mitigation ....................
Set Out Reliefs ..........................
Class IA Brake Test ..................
Wheel Savings ..........................
Fuel Savings .............................
427.25
89.52
11.04
67.90
46.39
42.70
554.83
146.16
14.18
87.58
71.15
54.88
314.65
70.07
6.62
40.29
33.22
25.63
375.60
48.16
5.87
27.54
26.77
22.70
Total Benefits .....................
257.54
373.95
175.82
Net Benefits ................
¥169.71
¥180.88
¥138.83
As mandated by Section 7311, the
Department of Transportation has
reviewed the final updated RIA and
determined that the HM–251 final rule’s
ECP brake requirements are not
economically justified as the final
updated RIA demonstrates that the
expected benefits do not exceed the
expected costs. As such, PHMSA and
FRA will initiate a rulemaking to
rescind the necessary regulatory
provisions.
Sensitivity
3 Percent
Low
High
$165.00
77.13
0.52
32.29
$256.18
110.79
0.52
34.62
$341.52
147.39
0.52
34.62
$178.39
81.84
0.52
34.62
491.72
78.19
7.46
46.04
37.40
28.85
274.95
37.36
3.56
21.68
17.87
13.79
402.11
67.19
8.24
45.07
36.08
31.90
524.05
109.44
10.55
65.12
52.90
40.81
295.37
52.41
4.97
30.24
24.93
19.23
131.03
197.95
94.27
188.49
278.81
131.78
¥244.57
¥293.78
¥180.68
¥213.63
¥245.24
¥163.59
Issued in Washington, DC on December 5,
2017, under authority delegated in 49 CFR
1.97.
Drue Pearce,
Deputy Administrator, Pipeline and
Hazardous Materials Safety Administration.
Sensitivity
Sensitivity
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[FR Doc. 2017–26546 Filed 12–12–17; 8:45 am]
[Docket No. 170713663–7663–01]
BILLING CODE 4910–60–P
RIN 0648–BH04
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
sradovich on DSK3GMQ082PROD with PROPOSALS
AGENCY:
5 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
VerDate Sep<11>2014
16:09 Dec 12, 2017
Jkt 244001
itself and contracted with NAS to review and
monitor the test plan.
6 DOT’s Rulemaking on Electronically Controlled
Pneumatic Brakes Could Benefit from Additional
Data and Transparency, GAO–17–122, Oct 12, 2016.
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
7 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.
8 https://www.gpo.gov/fdsys/pkg/FR-2017-10-16/
pdf/2017-22281.pdf.
E:\FR\FM\13DEP1.SGM
13DEP1
]]>Agencies
[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)]
[Proposed Rules]
[Pages 58582-58583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26546]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 174
[Docket No. PHMSA-2017-0102; Notice No. 2017-12]
Hazardous Materials: Announcement of the Department of
Transportation's Decision on Electronically Controlled Pneumatic
Braking
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Announcement of Department determination.
-----------------------------------------------------------------------
SUMMARY: In this document, the Department of Transportation is
announcing that after careful review, and as mandated by Section 7311
of the Fixing America's Surface Transportation (FAST) Act, the
Department of Transportation has reviewed the final updated Regulatory
Impact Analysis (RIA) and determined that the HM-251 Final Rule's
electronically controlled pneumatic (ECP) brake requirements are not
economically justified. As the expected benefits do not exceed the
expected costs, PHMSA and the Federal Railroad Administration (FRA)
will initiate a rulemaking to rescind the necessary regulatory
provisions.
DATES: December 13, 2017.
ADDRESSES: All documents and comments related to this matter, including
the final updated RIA, are still available for review at https://www.regulations.gov in Docket Number PHMSA-2017-0102.
FOR FURTHER INFORMATION CONTACT: For public affairs related questions,
please contact Patricia Klinger, Deputy Director within PHMSA's Office
of Governmental, International, and Public Affairs, by email at
[email protected], or by telephone at 202-366-4831. For
economic (RIA) related questions, please contact Mark Johnson, Senior
Economist, PHMSA, by telephone at 202-366-4495 or by email at
[email protected]. For rulemaking related questions, please contact
Matthew Nickels, Senior Regulations Officer, PHMSA, by telephone at
202-366-8553 or by email at [email protected].
SUPPLEMENTARY INFORMATION:
HM-251 Final Rule
On May 8, 2015, PHMSA, in coordination with FRA, published a Final
Rule adopting requirements intended 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.\1\
The Final Rule defined certain trains transporting large volumes of
flammable liquids as high-hazard flammable trains (HHFT) \2\ and others
as high-hazard flammable unit trains (HHFUT).\3\ 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\ https://www.gpo.gov/fdsys/pkg/FR-2015-05-08/pdf/2015-10670.pdf
\2\ 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.
\3\ The Final Rule defined an HHFUT as ``a single train
transporting 70 or more loaded tank cars containing Class 3
flammable liquid.''
---------------------------------------------------------------------------
Fixing America's Surface Transportation (FAST) Act
In December 2015, Congress passed the FAST Act.\4\ Public Law 114-
94, 129 Stat. 1686 (Dec. 4, 2015). 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 was also required to
solicit public comment on the updated RIA, and issue a final updated
RIA, responding to comments and incorporating any useful information
provided. Finally, Section
[[Page 58583]]
7311 required 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 demonstrated that
the benefits exceed the costs. The FAST Act required this process to be
completed no later than December 4, 2017.
---------------------------------------------------------------------------
\4\ https://www.gpo.gov/fdsys/pkg/PLAW-114publ94/html/PLAW-114publ94.htm.
---------------------------------------------------------------------------
Section 7311 required DOT to enter into an agreement with National
Academy of Sciences (NAS) to test ECP brakes and reevaluate the
economic analysis supporting the ECP brake requirement of the Final
Rule.\5\ Section 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 U.S. General Accountability Office (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.\6\ 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.\7\ Both audits are discussed in the final updated RIA.
---------------------------------------------------------------------------
\5\ 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.
\6\ DOT's Rulemaking on Electronically Controlled Pneumatic
Brakes Could Benefit from Additional Data and Transparency, GAO-17-
122, Oct 12, 2016.
\7\ 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.
---------------------------------------------------------------------------
October 16, 2017--Federal Register Document and Request for Comments
On October 16, 2017, PHMSA published a Federal Register document
that provided the public with an opportunity to comment on the updated
RIA. See 82 FR 48006.\8\ All documents and comments related to this
matter, including the updated RIA, are still available for review at
https://www.regulations.gov in Docket Number PHMSA-2017-0102.
---------------------------------------------------------------------------
\8\ https://www.gpo.gov/fdsys/pkg/FR-2017-10-16/pdf/2017-22281.pdf.
---------------------------------------------------------------------------
Final Determination
The final updated RIA shows that the ECP brake requirements are not
expected to be cost beneficial under any scenario assessed. These
include a range of crude oil volume by rail forecasts--one that shows
volumes shipped by rail rebounding over a period of time to close to
the levels predicted at the rulemaking stage, one that shows levels
flattening at those seen over the past few years, and a third showing
declining volumes of crude oil shipped by rail. The estimated costs and
benefits for the 20-year analysis are presented in the following
(figures are in millions of dollars):
Table #1
[Millions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total 7 Percent 3 Percent
--------------------------------------------------------------------------------------------------------------------
Low High Sensitivity Low High Sensitivity Low High Sensitivity
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tank Cars.......................... $274.48 $364.48 $191.69 $237.76 $318.49 $165.00 $256.18 $341.52 $178.39
Locomotives........................ 115.67 153.25 85.86 105.03 140.42 77.13 110.79 147.39 81.84
Asset Management................... 0.52 0.52 0.52 0.52 0.52 0.52 0.52 0.52 0.52
Training........................... 36.58 36.58 36.58 32.29 32.29 32.29 34.62 34.62 34.62
--------------------------------------------------------------------------------------------------------------------
Total Costs.................... 427.25 554.83 314.65 375.60 491.72 274.95 402.11 524.05 295.37
Damage Mitigation.................. 89.52 146.16 70.07 48.16 78.19 37.36 67.19 109.44 52.41
Set Out Reliefs.................... 11.04 14.18 6.62 5.87 7.46 3.56 8.24 10.55 4.97
Class IA Brake Test................ 67.90 87.58 40.29 27.54 46.04 21.68 45.07 65.12 30.24
Wheel Savings...................... 46.39 71.15 33.22 26.77 37.40 17.87 36.08 52.90 24.93
Fuel Savings....................... 42.70 54.88 25.63 22.70 28.85 13.79 31.90 40.81 19.23
--------------------------------------------------------------------------------------------------------------------
Total Benefits................. 257.54 373.95 175.82 131.03 197.95 94.27 188.49 278.81 131.78
--------------------------------------------------------------------------------------------------------------------
Net Benefits............... -169.71 -180.88 -138.83 -244.57 -293.78 -180.68 -213.63 -245.24 -163.59
--------------------------------------------------------------------------------------------------------------------------------------------------------
As mandated by Section 7311, the Department of Transportation has
reviewed the final updated RIA and determined that the HM-251 final
rule's ECP brake requirements are not economically justified as the
final updated RIA demonstrates that the expected benefits do not exceed
the expected costs. As such, PHMSA and FRA will initiate a rulemaking
to rescind the necessary regulatory provisions.
Issued in Washington, DC on December 5, 2017, under authority
delegated in 49 CFR 1.97.
Drue Pearce,
Deputy Administrator, Pipeline and Hazardous Materials Safety
Administration.
[FR Doc. 2017-26546 Filed 12-12-17; 8:45 am]
BILLING CODE 4910-60-P
