Request for Information on Regulatory Challenges to Safely Transporting Hazardous Materials by Surface Modes in an Automated Vehicle Environment, 12529-12531 [2018-05785]
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Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Proposed Rules
E. Small Business Regulatory
Enforcement Fairness Act
As required by Congress under the
Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 801 et
seq.), HHS will report the promulgation
of this rule to Congress prior to its
effective date.
F. Unfunded Mandates Reform Act of
1995
Title II of the Unfunded Mandates
Reform Act of 1995 (2 U.S.C. 1531 et
seq.) directs agencies to assess the
effects of Federal regulatory actions on
State, local, and Tribal governments,
and the private sector ‘‘other than to the
extent that such regulations incorporate
requirements specifically set forth in
law.’’ For purposes of the Unfunded
Mandates Reform Act, this proposed
rule does not include any Federal
mandate that may result in increased
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million by State, local or Tribal
governments in the aggregate, or by the
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G. Executive Order 12988 (Civil Justice
Reform)
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and reviewed in accordance with
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ambiguities.
daltland on DSKBBV9HB2PROD with PROPOSALS
H. Executive Order 13132 (Federalism)
HHS has reviewed this proposed rule
in accordance with Executive Order
13132 regarding federalism, and has
determined that it does not have
‘‘federalism implications.’’ The rule
does not ‘‘have substantial direct effects
on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
I. Executive Order 13045 (Protection of
Children From Environmental Health
Risks and Safety Risks)
In accordance with Executive Order
13045, HHS has evaluated the
environmental health and safety effects
of this proposed rule on children. HHS
has determined that the rule would have
no environmental health and safety
effect on children.
J. Executive Order 13211 (Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use)
In accordance with Executive Order
13211, HHS has evaluated the effects of
this proposed rule on energy supply,
VerDate Sep<11>2014
18:44 Mar 21, 2018
Jkt 244001
distribution or use, and has determined
that the rule will not have a significant
adverse effect.
K. Plain Writing Act of 2010
Under Public Law 111–274 (October
13, 2010), executive Departments and
Agencies are required to use plain
language in documents that explain to
the public how to comply with a
requirement the Federal government
administers or enforces. HHS has
attempted to use plain language in
promulgating the proposed rule
consistent with the Federal Plain
Writing Act guidelines.
List of Subjects in 42 CFR Part 84
Mine safety and health, Occupational
safety and health, Personal protective
equipment, Respirators.
Proposed Rule
For the reasons discussed in the
preamble, the Department of Health and
Human Services proposes to amend 42
CFR 84.310 as follows:
PART 84—APPROVAL OF
RESPIRATORY PROTECTIVE DEVICES
1. The authority citation for part 84
continues to read as follows:
■
Authority: 29 U.S.C. 651 et seq.; 30 U.S.C.
3, 5, 7, 811, 842(h), 844.
2. Amend § 84.310 by removing
paragraph (d), redesignating paragraphs
(e)–(g) as (d)–(f), and revising paragraph
(c) to read as follows:
■
§ 84.310
Post-approval testing.
*
*
*
*
*
(c) NIOSH will conduct such testing
pursuant to the methods specified in
§§ 84.303 through 84.305, except as
provided under paragraphs (a)(1) and(a)
(2) of this section:.
(1) Post-approval tests may exclude
human subject testing and
environmental conditioning at the
discretion of NIOSH.
(2) The numbers of units in an
approved CCER to be tested under this
section may exceed the numbers of
units specified for testing in §§ 84.304
and 84.305.
Dated: March 16, 2018.
Alex M. Azar II,
Secretary, Department of Health and Human
Services.
[FR Doc. 2018–05775 Filed 3–21–18; 8:45 am]
BILLING CODE 4163–19–P
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12529
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 107, 171, 172, 173, 174,
177, 178, 179, and 180
[Docket No. PHMSA–2018–0001; Notice No.
2018–01]
Request for Information on Regulatory
Challenges to Safely Transporting
Hazardous Materials by Surface Modes
in an Automated Vehicle Environment
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Request for information.
AGENCY:
The Pipeline and Hazardous
Materials Safety Administration
(PHMSA) requests information on
matters related to the development and
potential use of automated technologies
for surface modes (i.e., highway and
rail) in hazardous materials
transportation. In anticipation of the
development, testing, and integration of
Automated Driving Systems in surface
transportation, PHMSA is issuing this
request for information on the factors
the Agency should consider to ensure
continued safe transportation of
hazardous materials without impeding
emerging surface transportation
technologies.
SUMMARY:
Interested persons are invited to
submit comments on or before May 7,
2018. Comments received after that date
will be considered to the extent
practicable.
DATES:
You may submit comments
identified by Docket Number PHMSA–
2018–0001 via 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. Internet users
ADDRESSES:
E:\FR\FM\22MRP1.SGM
22MRP1
12530
Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Proposed Rules
may access comments received by DOT
at: https://www.regulations.gov. Please
note that comments received will be
posted without change to: https://
www.regulations.gov including any
personal information provided.
Privacy Act: In accordance with 5
U.S.C. 553(c), the DOT solicits
comments from the public. The DOT
posts these comments, without edit,
including any personal information the
commenter provides, to https://
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
https://www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT:
Matthew Nickels, Senior Regulations
Officer (PHH–10), U.S. Department of
Transportation, Pipeline and Hazardous
Materials Safety Administration, 1200
New Jersey Avenue SE., East Building,
2nd Floor, Washington, DC 20590–0001,
Telephone 202–366–0464,
Matthew.Nickels@dot.gov.
SUPPLEMENTARY INFORMATION:
daltland on DSKBBV9HB2PROD with PROPOSALS
I. Overview
The transportation sector is
undergoing a potentially revolutionary
period, as tasks traditionally performed
by humans only are increasingly being
done, whether in testing or in actual
integration, by automated technologies.
Most prominently, ‘‘Automated Driving
Systems’’ (ADS) have shown the
capacity to drive and operate motor
vehicles, including commercial motor
vehicles, as safely and efficiently as
humans, if not more so. Similar
technological developments are also
occurring in rail.
DOT, including PHMSA, strongly
encourages the safe development,
testing, and integration of these
automated technologies, including the
potential for these technologies to be
used in hazardous materials
transportation. Although an exciting
and important innovation in
transportation history, the emergence of
surface automated vehicles and the
technologies that support them may
create unique and unforeseen challenges
for hazardous materials transportation.
The safe transportation of hazardous
materials remains PHMSA’s top
priority, and as the development,
testing, and integration of surface
automated vehicles into our
transportation system continues,
PHMSA must ensure the Hazardous
Materials Regulations (HMR; 49 CFR
parts 171–180) framework sufficiently
takes into account these new
technological innovations.
The purpose of this request for
information is to obtain public comment
VerDate Sep<11>2014
18:44 Mar 21, 2018
Jkt 244001
on how the development of automated
technologies may impact the HMR, and
on the information PHMSA should
consider when determining how to best
ensure the HMR adequately account for
surface automated vehicles.1 In
anticipation of the role surface
automated vehicles and the technologies
that support them may play on
transportation, the movement of freight,
and commerce, PHMSA requests
comments from the public and
interested stakeholders—including
entities engaged in the development,
testing, and integration of these
technologies—on the potential future
incompatibilities between the hazardous
materials transportation requirements in
the HMR and a surface transportation
system that incorporates automated
vehicles.
II. PHMSA’s Safety Mission and
Regulatory Objectives
PHMSA is an operating
administration within DOT established
in 2004 by the Norman Y. Mineta
Research and Special Programs
Improvement Act (Pub. L. 108–426).
PHMSA’s mission is to protect people
and the environment by advancing the
safe transportation of energy and other
hazardous materials that are essential to
our daily lives. To achieve this mission,
PHMSA establishes national policy, sets
and enforces standards, educates, and
conducts research to prevent hazardous
materials incidents—often collaborating
closely with other Federal agencies,
operating administrations, and
transportation modes.
Federal hazardous materials law
authorizes the Secretary to ‘‘prescribe
regulations for the safe transportation,
including security, of hazardous
materials in intrastate, interstate, and
foreign commerce.’’ 49 U.S.C.
5103(b)(1). The Secretary has delegated
this authority to PHMSA in 49 CFR
1.97(b). The HMR are designed to
achieve three primary goals: (1) Help
ensure that hazardous materials are
packaged and handled safely and
securely during transportation; (2)
provide effective communication to
transportation workers and emergency
responders of the hazards of the
materials being transported; and (3)
minimize the consequences of an
accident or incident should one occur.
The hazardous materials regulatory
system is a risk management system that
is prevention-oriented and focused on
identifying safety or security hazards
1 In this notice, PHMSA is not seeking comment
on how advances in aviation or maritime
technology could affect the transportation of
hazardous materials, though the Agency is
considering future notices on those issues.
PO 00000
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Fmt 4702
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and reducing the probability and
consequences of a hazardous material
release.
Under the HMR, hazardous materials
are categorized into hazard classes and
packing groups based on analysis of and
experience with the risks they present
during transportation. The HMR: (1)
Specify appropriate packaging and
handling requirements for hazardous
materials based on this classification
and require a shipper to communicate
the material’s hazards through the use of
shipping papers, package marking and
labeling, and vehicle placarding; (2)
require shippers to provide emergency
response information applicable to the
specific hazard or hazards of the
material being transported; and (3)
mandate training requirements for
persons who prepare hazardous
materials for shipment or transport
hazardous materials in commerce. The
HMR also include operational
requirements applicable to each mode of
transportation.
As such, PHMSA—in continued
collaboration with the Federal Motor
Carrier Safety Administration and the
Federal Railroad Administration—seeks
information regarding the design,
development, and potential use of
automated transportation systems to
safely transport hazardous materials by
surface mode in compliance with the
HMR, and to identify requirements
within the HMR which may impede the
integration of this technology.
III. Special Permit Program Allows
Regulatory Flexibility To Foster
Innovation
PHMSA safely incorporates
technological innovation through its
special permit (SP) program. SPs set
forth alternative requirements—or a
variance—to the requirements in the
HMR in a manner that achieves an
equivalent level of safety to that
required under the regulations, or if a
required safety level does not exist, that
is consistent with the public interest.
PHMSA’s Approvals and Permits
Division is responsible for the issuance
of DOT SPs. Specifically, SPs are issued
by PHMSA under 49 CFR part 107,
subpart B.
The HMR often provide performancebased standards and, as such, provide
the regulated community with some
flexibility in meeting safety
requirements. Even so, not every
transportation situation can be
anticipated and covered under the
regulations. The hazardous materials
community is at the cutting edge of
development of new materials,
technologies, and innovative ways of
moving hazardous materials. Innovation
E:\FR\FM\22MRP1.SGM
22MRP1
Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Proposed Rules
daltland on DSKBBV9HB2PROD with PROPOSALS
strengthens our economy, and new
technologies and operational techniques
may enhance safety. Thus, SPs provide
a mechanism for testing and using new
technologies, promoting increased
transportation efficiency and
productivity, and ensuring global
competitiveness without compromising
safety. SPs enable the hazardous
materials industry to safely, quickly,
and effectively integrate new products
and technologies into production and
the transportation stream.
IV. Additional DOT Guidance
PHMSA requests information related
to the development and potential use of
surface automated vehicles and the
technologies that support them in
hazardous materials transportation by
highway or rail. For additional
background on ADS for motor vehicles,
PHMSA notes that DOT and the
National Highway Traffic Safety
Administration (NHTSA) released
guidance in the Automated Driving
Systems 2.0: A Vision for Safety,2 on
September 12, 2017. Further, NHTSA
issued a notice [September 15, 2017; 82
FR 43321] making the public aware of
the guidance and seeking comment.
This voluntary guidance, among other
things, describes the levels of
‘‘Automated Driving Systems’’ for onroad motor vehicles developed by SAE
International (see SAE J3016, September
2016) and adopted by DOT.
The SAE definitions divide vehicles
into levels based on ‘‘who does what,
when.’’ Generally:
• At SAE Level 0, the driver does
everything.
• At SAE Level 1, an automated
system on the vehicle can sometimes
assist the driver conduct some parts of
the driving task.
• At SAE Level 2, an automated
system on the vehicle can actually
conduct some parts of the driving task,
while the driver continues to monitor
the driving environment and performs
the rest of the driving task.
• At SAE Level 3, an automated
system can both actually conduct some
parts of the driving task and monitor the
driving environment in some instances,
but the driver must be ready to take
back control when the automated
system requests.
• At SAE Level 4, an automated
system can conduct the driving task and
monitor the driving environment, and
the driver need not take back control,
but the automated system can operate
only in certain environments and under
certain conditions.
2 See https://www.nhtsa.gov/sites/nhtsa.dot.gov/
files/documents/13069a-ads2.0_090617_v9a_
tag.pdf
VerDate Sep<11>2014
18:44 Mar 21, 2018
Jkt 244001
• At SAE Level 5, the automated
system can perform all driving tasks,
under all conditions that a driver could
perform them.
V. Questions
PHMSA requests comments on the
implications of the development,
testing, and integration of automated
technologies for surface modes (i.e.,
highway and rail) on both the HMR and
the general transport of hazardous
materials.
Specifically, PHMSA asks:
1. What are the safety, regulatory, and
policy implications of the design,
testing, and integration of surface
automated vehicles on the requirements
in the HMR? Please include any
potential solutions PHMSA should
consider.
2. What are potential regulatory
incompatibilities between the HMR and
a future surface transportation system
that incorporates automated vehicles?
Specific HMR areas could include but
are not limited to:
(a) Emergency response information and
hazard communication
(b) Packaging and handling
requirements, including pretransportation functions
(c) Incident response and reporting
(d) Safety and security plans (e.g., en
route security)
(e) Modal requirements (e.g., highway
and rail)
3. Are there specific HMR
requirements that would need
modifications to become performancebased standards that can accommodate
an automated vehicle operating in a
surface transportation system?
4. What automated surface
transportation technologies are under
development that are expected to be
relevant to the safe transport of
hazardous materials, and how might
they be used in a surface transportation
system?
5. Under what circumstances do
freight operators envision the
transportation of hazardous materials in
commerce using surface automated
vehicles within the next 10 years?
(a) To what extent do the HMR restrict
the use of surface automated vehicles in
the transportation of hazardous
materials in non-bulk packaging in
parcel delivery and less-than-truckload
freight shipments by commercial motor
vehicles?
(b) To what extent do the HMR
restrict the use of surface automated
vehicles in the transportation of
hazardous materials in bulk packaging
by rail and commercial motor vehicles?
6. What issues do automated
technologies raise in hazardous
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12531
materials surface transportation that are
not present for human drivers or
operators that PHMSA should address?
7. Do HMR requirements that relate to
the operation of surface automated
vehicles carrying hazardous materials
present different challenges than those
that relate to ancillary tasks, such as
inspections and packaging
requirements?
8. What solutions could PHMSA
consider to address potential future
regulatory incompatibilities between the
HMR and surface automated vehicle
technologies?
9. What should PHMSA consider
when reviewing applications for special
permits seeking regulatory flexibility to
allow for the transport of hazardous
materials using automated technologies
for surface modes?
10. When considering long-term
solutions to challenges the HMR may
present to the development, testing, and
integration of surface automated
vehicles, what information and other
factors should PHMSA consider?
11. What should PHMSA consider
when developing future policy,
guidance, and regulations for the safe
transportation of hazardous materials in
surface transportation systems?
Signed in Washington, DC, on March 16,
2018.
Drue Pearce,
Deputy Administrator, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2018–05785 Filed 3–21–18; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 180110022–8022–01]
RIN 0648–BH52
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Multispecies Fishery; Framework
Adjustment 57
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule.
AGENCY:
This action proposes approval
of, and regulations to implement,
Framework Adjustment 57 to the
Northeast Multispecies Fishery
Management Plan. This rule would set
SUMMARY:
E:\FR\FM\22MRP1.SGM
22MRP1
]]>Agencies
[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Proposed Rules]
[Pages 12529-12531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05785]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, 172, 173, 174, 177, 178, 179, and 180
[Docket No. PHMSA-2018-0001; Notice No. 2018-01]
Request for Information on Regulatory Challenges to Safely
Transporting Hazardous Materials by Surface Modes in an Automated
Vehicle Environment
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: The Pipeline and Hazardous Materials Safety Administration
(PHMSA) requests information on matters related to the development and
potential use of automated technologies for surface modes (i.e.,
highway and rail) in hazardous materials transportation. In
anticipation of the development, testing, and integration of Automated
Driving Systems in surface transportation, PHMSA is issuing this
request for information on the factors the Agency should consider to
ensure continued safe transportation of hazardous materials without
impeding emerging surface transportation technologies.
DATES: Interested persons are invited to submit comments on or before
May 7, 2018. Comments received after that date will be considered to
the extent practicable.
ADDRESSES: You may submit comments identified by Docket Number PHMSA-
2018-0001 via 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. Internet users
[[Page 12530]]
may access comments received by DOT at: https://www.regulations.gov.
Please note that comments received will be posted without change to:
https://www.regulations.gov including any personal information provided.
Privacy Act: In accordance with 5 U.S.C. 553(c), the DOT solicits
comments from the public. The DOT posts these comments, without edit,
including any personal information the commenter provides, to https://www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Matthew Nickels, Senior Regulations
Officer (PHH-10), U.S. Department of Transportation, Pipeline and
Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE.,
East Building, 2nd Floor, Washington, DC 20590-0001, Telephone 202-366-
0464, [email protected].
SUPPLEMENTARY INFORMATION:
I. Overview
The transportation sector is undergoing a potentially revolutionary
period, as tasks traditionally performed by humans only are
increasingly being done, whether in testing or in actual integration,
by automated technologies. Most prominently, ``Automated Driving
Systems'' (ADS) have shown the capacity to drive and operate motor
vehicles, including commercial motor vehicles, as safely and
efficiently as humans, if not more so. Similar technological
developments are also occurring in rail.
DOT, including PHMSA, strongly encourages the safe development,
testing, and integration of these automated technologies, including the
potential for these technologies to be used in hazardous materials
transportation. Although an exciting and important innovation in
transportation history, the emergence of surface automated vehicles and
the technologies that support them may create unique and unforeseen
challenges for hazardous materials transportation. The safe
transportation of hazardous materials remains PHMSA's top priority, and
as the development, testing, and integration of surface automated
vehicles into our transportation system continues, PHMSA must ensure
the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180)
framework sufficiently takes into account these new technological
innovations.
The purpose of this request for information is to obtain public
comment on how the development of automated technologies may impact the
HMR, and on the information PHMSA should consider when determining how
to best ensure the HMR adequately account for surface automated
vehicles.\1\ In anticipation of the role surface automated vehicles and
the technologies that support them may play on transportation, the
movement of freight, and commerce, PHMSA requests comments from the
public and interested stakeholders--including entities engaged in the
development, testing, and integration of these technologies--on the
potential future incompatibilities between the hazardous materials
transportation requirements in the HMR and a surface transportation
system that incorporates automated vehicles.
---------------------------------------------------------------------------
\1\ In this notice, PHMSA is not seeking comment on how advances
in aviation or maritime technology could affect the transportation
of hazardous materials, though the Agency is considering future
notices on those issues.
---------------------------------------------------------------------------
II. PHMSA's Safety Mission and Regulatory Objectives
PHMSA is an operating administration within DOT established in 2004
by the Norman Y. Mineta Research and Special Programs Improvement Act
(Pub. L. 108-426). PHMSA's mission is to protect people and the
environment by advancing the safe transportation of energy and other
hazardous materials that are essential to our daily lives. To achieve
this mission, PHMSA establishes national policy, sets and enforces
standards, educates, and conducts research to prevent hazardous
materials incidents--often collaborating closely with other Federal
agencies, operating administrations, and transportation modes.
Federal hazardous materials law authorizes the Secretary to
``prescribe regulations for the safe transportation, including
security, of hazardous materials in intrastate, interstate, and foreign
commerce.'' 49 U.S.C. 5103(b)(1). The Secretary has delegated this
authority to PHMSA in 49 CFR 1.97(b). The HMR are designed to achieve
three primary goals: (1) Help ensure that hazardous materials are
packaged and handled safely and securely during transportation; (2)
provide effective communication to transportation workers and emergency
responders of the hazards of the materials being transported; and (3)
minimize the consequences of an accident or incident should one occur.
The hazardous materials regulatory system is a risk management system
that is prevention-oriented and focused on identifying safety or
security hazards and reducing the probability and consequences of a
hazardous material release.
Under the HMR, hazardous materials are categorized into hazard
classes and packing groups based on analysis of and experience with the
risks they present during transportation. The HMR: (1) Specify
appropriate packaging and handling requirements for hazardous materials
based on this classification and require a shipper to communicate the
material's hazards through the use of shipping papers, package marking
and labeling, and vehicle placarding; (2) require shippers to provide
emergency response information applicable to the specific hazard or
hazards of the material being transported; and (3) mandate training
requirements for persons who prepare hazardous materials for shipment
or transport hazardous materials in commerce. The HMR also include
operational requirements applicable to each mode of transportation.
As such, PHMSA--in continued collaboration with the Federal Motor
Carrier Safety Administration and the Federal Railroad Administration--
seeks information regarding the design, development, and potential use
of automated transportation systems to safely transport hazardous
materials by surface mode in compliance with the HMR, and to identify
requirements within the HMR which may impede the integration of this
technology.
III. Special Permit Program Allows Regulatory Flexibility To Foster
Innovation
PHMSA safely incorporates technological innovation through its
special permit (SP) program. SPs set forth alternative requirements--or
a variance--to the requirements in the HMR in a manner that achieves an
equivalent level of safety to that required under the regulations, or
if a required safety level does not exist, that is consistent with the
public interest. PHMSA's Approvals and Permits Division is responsible
for the issuance of DOT SPs. Specifically, SPs are issued by PHMSA
under 49 CFR part 107, subpart B.
The HMR often provide performance-based standards and, as such,
provide the regulated community with some flexibility in meeting safety
requirements. Even so, not every transportation situation can be
anticipated and covered under the regulations. The hazardous materials
community is at the cutting edge of development of new materials,
technologies, and innovative ways of moving hazardous materials.
Innovation
[[Page 12531]]
strengthens our economy, and new technologies and operational
techniques may enhance safety. Thus, SPs provide a mechanism for
testing and using new technologies, promoting increased transportation
efficiency and productivity, and ensuring global competitiveness
without compromising safety. SPs enable the hazardous materials
industry to safely, quickly, and effectively integrate new products and
technologies into production and the transportation stream.
IV. Additional DOT Guidance
PHMSA requests information related to the development and potential
use of surface automated vehicles and the technologies that support
them in hazardous materials transportation by highway or rail. For
additional background on ADS for motor vehicles, PHMSA notes that DOT
and the National Highway Traffic Safety Administration (NHTSA) released
guidance in the Automated Driving Systems 2.0: A Vision for Safety,\2\
on September 12, 2017. Further, NHTSA issued a notice [September 15,
2017; 82 FR 43321] making the public aware of the guidance and seeking
comment. This voluntary guidance, among other things, describes the
levels of ``Automated Driving Systems'' for on-road motor vehicles
developed by SAE International (see SAE J3016, September 2016) and
adopted by DOT.
---------------------------------------------------------------------------
\2\ See https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/13069a-ads2.0_090617_v9a_tag.pdf
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The SAE definitions divide vehicles into levels based on ``who does
what, when.'' Generally:
At SAE Level 0, the driver does everything.
At SAE Level 1, an automated system on the vehicle can
sometimes assist the driver conduct some parts of the driving task.
At SAE Level 2, an automated system on the vehicle can
actually conduct some parts of the driving task, while the driver
continues to monitor the driving environment and performs the rest of
the driving task.
At SAE Level 3, an automated system can both actually
conduct some parts of the driving task and monitor the driving
environment in some instances, but the driver must be ready to take
back control when the automated system requests.
At SAE Level 4, an automated system can conduct the
driving task and monitor the driving environment, and the driver need
not take back control, but the automated system can operate only in
certain environments and under certain conditions.
At SAE Level 5, the automated system can perform all
driving tasks, under all conditions that a driver could perform them.
V. Questions
PHMSA requests comments on the implications of the development,
testing, and integration of automated technologies for surface modes
(i.e., highway and rail) on both the HMR and the general transport of
hazardous materials.
Specifically, PHMSA asks:
1. What are the safety, regulatory, and policy implications of the
design, testing, and integration of surface automated vehicles on the
requirements in the HMR? Please include any potential solutions PHMSA
should consider.
2. What are potential regulatory incompatibilities between the HMR
and a future surface transportation system that incorporates automated
vehicles? Specific HMR areas could include but are not limited to:
(a) Emergency response information and hazard communication
(b) Packaging and handling requirements, including pre-transportation
functions
(c) Incident response and reporting
(d) Safety and security plans (e.g., en route security)
(e) Modal requirements (e.g., highway and rail)
3. Are there specific HMR requirements that would need
modifications to become performance-based standards that can
accommodate an automated vehicle operating in a surface transportation
system?
4. What automated surface transportation technologies are under
development that are expected to be relevant to the safe transport of
hazardous materials, and how might they be used in a surface
transportation system?
5. Under what circumstances do freight operators envision the
transportation of hazardous materials in commerce using surface
automated vehicles within the next 10 years?
(a) To what extent do the HMR restrict the use of surface automated
vehicles in the transportation of hazardous materials in non-bulk
packaging in parcel delivery and less-than-truckload freight shipments
by commercial motor vehicles?
(b) To what extent do the HMR restrict the use of surface automated
vehicles in the transportation of hazardous materials in bulk packaging
by rail and commercial motor vehicles?
6. What issues do automated technologies raise in hazardous
materials surface transportation that are not present for human drivers
or operators that PHMSA should address?
7. Do HMR requirements that relate to the operation of surface
automated vehicles carrying hazardous materials present different
challenges than those that relate to ancillary tasks, such as
inspections and packaging requirements?
8. What solutions could PHMSA consider to address potential future
regulatory incompatibilities between the HMR and surface automated
vehicle technologies?
9. What should PHMSA consider when reviewing applications for
special permits seeking regulatory flexibility to allow for the
transport of hazardous materials using automated technologies for
surface modes?
10. When considering long-term solutions to challenges the HMR may
present to the development, testing, and integration of surface
automated vehicles, what information and other factors should PHMSA
consider?
11. What should PHMSA consider when developing future policy,
guidance, and regulations for the safe transportation of hazardous
materials in surface transportation systems?
Signed in Washington, DC, on March 16, 2018.
Drue Pearce,
Deputy Administrator, Pipeline and Hazardous Materials Safety
Administration.
[FR Doc. 2018-05785 Filed 3-21-18; 8:45 am]
BILLING CODE 4910-60-P
