Hazardous Materials: FAST Act Requirements for Real-Time Train Consist Information, 55430-55431 [2023-17472]

Download as PDF 55430 Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Proposed Rules these actions are not controversial and do not expect comments that oppose them. We have explained the reasons for this authorization and incorporation by reference in the preamble to the direct final rule. Unless EPA receives written comments that oppose the authorization and incorporation by reference during the comment period, the direct final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we get comments that oppose the authorization, we will withdraw the direct final rule and it will not take immediate effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time. Dated: August 8, 2023. KC Becker, Regional Administrator, Region 8. [FR Doc. 2023–17499 Filed 8–14–23; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 174, and 180 [Docket No. PHMSA–2016–0015 (HM–263)] RIN 2137–AF21 Hazardous Materials: FAST Act Requirements for Real-Time Train Consist Information Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Proposed rule; extension of comment period. AGENCY: On June 27, 2023, PHMSA published a notice of proposed rulemaking, titled ‘‘Hazardous Materials: FAST Act Requirements for Real-Time Train Consist Information (HM–263),’’ proposing amendments to the Hazardous Materials Regulations to require all railroads to generate in electronic form, maintain, and provide to first responders, emergency response officials, and law enforcement personnel, certain information regarding hazardous materials in rail transportation to enhance emergency response and investigative efforts. In response to a request for an extension of the comment period submitted by the American Short Line and Regional ddrumheller on DSK120RN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 17:44 Aug 14, 2023 Jkt 259001 Railroad Association (ASLRRA), PHMSA is extending the comment period for the HM–263 notice by an additional 60 days. Comments to the HM–263 notice will now be due by October 27, 2023. DATES: Comments should be received on or before October 27, 2023. To the extent possible, PHMSA will consider late-filed comments. ADDRESSES: Comments should reference Docket No. PHMSA–2016–0015 (HM– 263) and may be submitted in the following ways: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Fax: 1–202–493–2251. • Mail: Dockets Management System, U.S. Department of Transportation, Dockets Operations, M–30, Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001. • Hand Delivery: To the Docket Management System: Room W12–140 on the ground floor of the West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays. Instructions: All submissions must include the Agency name and Docket Number for this notice (PHMSA–2016– 0015) at the beginning of the comment. To avoid duplication, please use only one of these four methods. All comments received will be posted without change to the Federal Docket Management System (FDMS) and will include any personal information you provide. Docket: For access to the dockets to read associated documents or comments received, go to https:// www.regulations.gov or DOT’s Docket Operations Office (see ADDRESSES). Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its process. DOT posts these comments without change, 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. Confidential Business Information: Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA; 5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 treated as private, that you treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN’’ for ‘‘proprietary information.’’ Submissions containing CBI should be sent to Dirk Der Kinderen, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001. Any commentary that PHMSA receives that is not specifically designated as CBI will be placed in the public docket for this rulemaking. FOR FURTHER INFORMATION CONTACT: Dirk Der Kinderen, Standards and Rulemaking Division, 202–366–8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001. SUPPLEMENTARY INFORMATION: I. Background On June 27, 2023, PHMSA published the HM–263 notice of proposed rulemaking (NPRM) 1 in response to statutory mandates in the ‘‘Fixing America’s Surface Transportation Act’’,2 as amended, and a National Transportation Safety Board safety recommendation; and complements existing regulatory requirements pertaining to the generation, maintenance, and provision of similar information in hard copy form, as well as other hazard communication requirements. PHMSA’s proposal will require all railroads transporting hazardous materials to generate in electronic form train consist information, maintain that information off-the-train, update that information in real-time, and provide that information to authorized emergency response personnel in advance of their arrival to an accident or incident. As such, railroads operating a train carrying hazardous materials will be required to push that information to state authorized local first responders promptly following either an accident involving that train, or an incident involving the release or suspected release of hazardous material from that train. Railroads must also ensure that, in updating that electronic train consist information, they also update hard (printed) copy versions of the same information provided to train crews such that both hard (printed) copy and electronic versions of that information 1 88 FR 41541. Law 114–94. 2 Public E:\FR\FM\15AUP1.SGM 15AUP1 Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Proposed Rules are consistent, accurate, and available when needed most. II. Comment Period Extension PHMSA initially provided a 60-day comment period for the HM–263 NPRM, which closes on August 28, 2023. In response to a request to extend the comment period from ASLRRA,3 PHMSA is extending the comment period for an additional 60 days. ASLRRA requested the extension to allow additional time to gather feedback on the economic impacts of the rulemaking from its member railroads— the majority of which are small businesses. The comment period will now close on October 27, 2023. This extension provides the public with an additional 60 days and should provide adequate opportunity for the public to submit comments; however, PHMSA may, at its discretion, extend the comment period further if necessary. To the extent possible, PHMSA will also consider late-filed comments. Issued in Washington, DC, on August 10, 2023, under authority delegated in 49 CFR part 1.97. William S. Schoonover, Associate Administrator of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 2023–17472 Filed 8–14–23; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 223 [Docket No. 230802–0182] RIN 0648–BL87 Endangered and Threatened Wildlife and Plants; Proposed Protective Regulations for the Threatened Banggai Cardinalfish (Pterapogon kauderni) National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments; notice of availability of a draft environmental assessment. ddrumheller on DSK120RN23PROD with PROPOSALS1 AGENCY: Under section 4(d) of the Endangered Species Act (ESA), the Secretary of Commerce (Secretary) shall issue protective regulations the SUMMARY: 3 ASLRRA’s comment may be reviewed at: https://www.regulations.gov/document/PHMSA2016-0015-0016. VerDate Sep<11>2014 17:44 Aug 14, 2023 Jkt 259001 Secretary deems necessary and advisable for the conservation of species listed as threatened. The Secretary may apply any of the prohibitions in section 9 of the ESA. This proposed rule would promulgate protective regulations to apply a subset of the ESA section 9 prohibitions to the Banggai cardinalfish (Pterapogon kauderni). We also announce the availability of a draft environmental assessment (EA) that analyzes the environmental impacts of this action, and solicit comments regarding this action and the draft EA. DATES: Comments regarding the proposed rule and supporting documents may be sent to the appropriate address (see ADDRESSES), no later than 5 p.m. Eastern Standard Time on October 16, 2023. A public hearing may be requested by September 29, 2023. Notice of the location and time of any such hearing will be published in the Federal Register not less than 15 days before the hearing is held. ADDRESSES: You may submit comments, identified by NOAA–NMFS–2023–0099, by Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal https:// www.regulations.gov and enter NOAA– NMFS–2023–0099 in the Search box. Click on the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. Instructions: 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 by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on https://www.regulations.gov without change. All Personal Identifying Information (e.g., name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. We will accept anonymous comments (enter N/A in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Celeste Stout, NMFS, Office of Protected Resources, celeste.stout@noaa.gov, (301) 427–8436; Erin Markin, NMFS, Office of Protected Resources, erin.markin@ noaa.gov, (301) 427–8416. SUPPLEMENTARY INFORMATION: Background On January 20, 2016, we published a final rule listing the Banggai cardinalfish (Pterapogon kauderni) as a PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 55431 threatened species under the ESA (81 FR 3023). At that time, we summarized the process for considering the application of ESA section 9 prohibitions (16 U.S.C. 1538) to the threatened Banggai cardinalfish and stated that we would consider potential protective regulations pursuant to ESA section 4(d) (16 U.S.C. 1533(d)) for the Banggai cardinalfish in a future rulemaking. The prohibitions listed under section 9(a)(1) of the ESA automatically apply when a species is listed as endangered but not when listed as threatened. In the case of a threatened species, section 4(d) of the ESA requires the Secretary to issue such regulations the Secretary deems necessary and advisable to provide for the conservation of the species. The Secretary may by regulation prohibit with respect to any threatened species any act prohibited under ESA section 9(a)(1). Thus, NMFS has flexibility under ESA section 4(d) to tailor protective regulations, taking into account the effectiveness of available conservation measures. The status review of the Banggai cardinalfish (Conant, 2015), and the Banggai Cardinalfish 5-Year Review (2021) provided extensive information on the status of the Banggai cardinalfish. The information and conclusions from these documents are briefly summarized below. On April 22, 2021, NMFS received a petition from the Center for Biological Diversity, the Animal Welfare Institute, and the Defenders of Wildlife requesting NMFS promulgate a rule under section 4(d) of the ESA to provide for the conservation of the Banggai cardinalfish. On August 4, 2021, NMFS published in the Federal Register a notice of receipt of that petition (86 FR 41935) and requested information and comments for evaluating the request during a 60-day comment period. In addition to comments and information pertaining to any aspect of the petition, we specifically requested information regarding: (1) the adequacy of existing measures regulating the collection and trade of the Banggai cardinalfish throughout its range; (2) the availability and efficacy of captive-bred fish for aquaria trade, both domestic and international; (3) information on the collection/harvest (including, but not limited to, number, location, mortality rate), and trade (import/export data, value, transit mortality rates) of wild fish for aquaria trade; and (4) implementation and efficacy of Indonesia’s National Plan of Action (NPOA) (2017–2021) for Banggai cardinalfish and adequacy of enforcement of Banggai cardinalfish E:\FR\FM\15AUP1.SGM 15AUP1

Agencies

[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Proposed Rules]
[Pages 55430-55431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17472]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 174, and 180

[Docket No. PHMSA-2016-0015 (HM-263)]
RIN 2137-AF21


Hazardous Materials: FAST Act Requirements for Real-Time Train 
Consist Information

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

ACTION: Proposed rule; extension of comment period.

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

SUMMARY: On June 27, 2023, PHMSA published a notice of proposed 
rulemaking, titled ``Hazardous Materials: FAST Act Requirements for 
Real-Time Train Consist Information (HM-263),'' proposing amendments to 
the Hazardous Materials Regulations to require all railroads to 
generate in electronic form, maintain, and provide to first responders, 
emergency response officials, and law enforcement personnel, certain 
information regarding hazardous materials in rail transportation to 
enhance emergency response and investigative efforts. In response to a 
request for an extension of the comment period submitted by the 
American Short Line and Regional Railroad Association (ASLRRA), PHMSA 
is extending the comment period for the HM-263 notice by an additional 
60 days. Comments to the HM-263 notice will now be due by October 27, 
2023.

DATES: Comments should be received on or before October 27, 2023. To 
the extent possible, PHMSA will consider late-filed comments.

ADDRESSES: Comments should reference Docket No. PHMSA-2016-0015 (HM-
263) and may be submitted in the following ways:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Dockets Management System, U.S. Department of 
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE, Washington, DC 20590-0001.
     Hand Delivery: To the Docket Management System: Room W12-
140 on the ground floor of the West Building, 1200 New Jersey Avenue 
SE, Washington, DC 20590, between 9:00 a.m. and 5:00 p.m., Monday 
through Friday, except federal holidays.
    Instructions: All submissions must include the Agency name and 
Docket Number for this notice (PHMSA-2016-0015) at the beginning of the 
comment. To avoid duplication, please use only one of these four 
methods. All comments received will be posted without change to the 
Federal Docket Management System (FDMS) and will include any personal 
information you provide.
    Docket: For access to the dockets to read associated documents or 
comments received, go to https://www.regulations.gov or DOT's Docket 
Operations Office (see ADDRESSES).
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its process. DOT posts these 
comments without change, 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.
    Confidential Business Information: Confidential Business 
Information (CBI) is commercial or financial information that is both 
customarily and actually treated as private by its owner. Under the 
Freedom of Information Act (FOIA; 5 U.S.C. 552), CBI is exempt from 
public disclosure. If your comments responsive to this NPRM contain 
commercial or financial information that is customarily treated as 
private, that you treat as private, and that is relevant or responsive 
to this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN'' for ``proprietary information.'' Submissions 
containing CBI should be sent to Dirk Der Kinderen, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. 
Any commentary that PHMSA receives that is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Dirk Der Kinderen, Standards and 
Rulemaking Division, 202-366-8553, Pipeline and Hazardous Materials 
Safety Administration, U.S. Department of Transportation, 1200 New 
Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    On June 27, 2023, PHMSA published the HM-263 notice of proposed 
rulemaking (NPRM) \1\ in response to statutory mandates in the ``Fixing 
America's Surface Transportation Act'',\2\ as amended, and a National 
Transportation Safety Board safety recommendation; and complements 
existing regulatory requirements pertaining to the generation, 
maintenance, and provision of similar information in hard copy form, as 
well as other hazard communication requirements. PHMSA's proposal will 
require all railroads transporting hazardous materials to generate in 
electronic form train consist information, maintain that information 
off-the-train, update that information in real-time, and provide that 
information to authorized emergency response personnel in advance of 
their arrival to an accident or incident. As such, railroads operating 
a train carrying hazardous materials will be required to push that 
information to state authorized local first responders promptly 
following either an accident involving that train, or an incident 
involving the release or suspected release of hazardous material from 
that train. Railroads must also ensure that, in updating that 
electronic train consist information, they also update hard (printed) 
copy versions of the same information provided to train crews such that 
both hard (printed) copy and electronic versions of that information

[[Page 55431]]

are consistent, accurate, and available when needed most.
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    \1\ 88 FR 41541.
    \2\ Public Law 114-94.
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II. Comment Period Extension

    PHMSA initially provided a 60-day comment period for the HM-263 
NPRM, which closes on August 28, 2023. In response to a request to 
extend the comment period from ASLRRA,\3\ PHMSA is extending the 
comment period for an additional 60 days. ASLRRA requested the 
extension to allow additional time to gather feedback on the economic 
impacts of the rulemaking from its member railroads--the majority of 
which are small businesses. The comment period will now close on 
October 27, 2023. This extension provides the public with an additional 
60 days and should provide adequate opportunity for the public to 
submit comments; however, PHMSA may, at its discretion, extend the 
comment period further if necessary. To the extent possible, PHMSA will 
also consider late-filed comments.
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    \3\ ASLRRA's comment may be reviewed at: https://www.regulations.gov/document/PHMSA-2016-0015-0016.

    Issued in Washington, DC, on August 10, 2023, under authority 
delegated in 49 CFR part 1.97.
William S. Schoonover,
Associate Administrator of Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2023-17472 Filed 8-14-23; 8:45 am]
BILLING CODE 4910-60-P

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