Pipeline and Hazardous Materials Safety Administration July 2012 – Federal Register Recent Federal Regulation Documents

Pipeline Safety: Inspection and Protection of Pipeline Facilities After Railway Accidents
Document Number: 2012-18571
Type: Notice
Date: 2012-07-31
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
PHMSA is issuing an advisory bulletin to alert all pipeline owners and operators of the circumstances of the Cherry Valley, Illinois derailment and remind them of the importance of assuring that pipeline facilities have not been damaged either during a railroad accident or other event occurring in the right-of-way. Further, the advisory bulletin reminds pipeline owners and operators of the importance of providing pertinent information to rail operators and emergency response officials during an incident. This information should include the presence, depth and location of the pipelines so that the movement of heavy equipment and debris on the right-of-way does not damage or rupture the pipeline or otherwise pose a hazard to people working in, and around, the accident location. The advisory also encourages pipeline owners and operators to inform rail operators and emergency response officials of the benefits of using the 811 ``Call Before You Dig'' program to identify and notify underground utilities that an incident has occurred in the vicinity of their buried facilities.
Notice of Availability of Draft Environmental Assessment for Public Comment for the Longhorn Pipeline Reversal Project
Document Number: 2012-18524
Type: Notice
Date: 2012-07-31
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
In accordance with the National Environmental Policy Act (NEPA), 42 U.S.C. 4321-4347, and the Council on Environmental Quality NEPA implementing regulations, 40 CFR Parts 1500-1508, the Pipeline and Hazardous Materials Safety Administration (PHMSA) is announcing the availability of and requesting comments on the Draft Environmental Assessment (Draft EA) for the Longhorn Pipeline Reversal Project (Proposed Project).
Actions on Special Permit Applications
Document Number: 2012-17356
Type: Notice
Date: 2012-07-18
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, Subpart B), notice is hereby given of the actions on special permits applications in (June to June 2012). The mode of transportation involved are identified by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft. Application numbers prefixed by the letters EE represent applications for Emergency Special Permits. It should be noted that some of the sections cited were those in effect at the time certain special permits were issued.
Notice of Delays in Processing of Special Permits Applications
Document Number: 2012-17355
Type: Notice
Date: 2012-07-18
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
In accordance with the requirements of 49 U.S.C. 5117(c), PHMSA is publishing the following list of special permit applications that have been in process for 180 days or more. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application.
Notice of Applications for Modification of Special Permit
Document Number: 2012-17354
Type: Notice
Date: 2012-07-18
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR Part 107, Subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the applications described herein. This notice is abbreviated to expedite docketing and public notice. Because the sections affected, modes of transportation, and the nature of application have been shown in earlier Federal Register publications, they are not repeated here. Requests for modification of special permits (e.g. to provide for additional hazardous materials, packaging design changes, additional mode of transportation, etc.) are described in footnotes to the application number. Application numbers with the suffix ``M'' denote a modification request. These applications have been separated from the new application for special permits to facilitate processing.
Notice of Application for Special Permits
Document Number: 2012-17353
Type: Notice
Date: 2012-07-18
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, Subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.
Pipeline Safety: Information Collection Activities
Document Number: 2012-16456
Type: Notice
Date: 2012-07-05
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
In accordance with the Paperwork Reduction Act of 1995, PHMSA invites comments on a new information collection (IC) to help determine the effectiveness of PHMSA's 811 Public Service Announcement (PSA) campaign. In calendar year 2012, as part of a campaign to raise awareness of 811 as the national ``Call Before You Dig'' toll-free telephone number, PHMSA produced a 30-second video PSA, a 30-second radio PSA and a 60-second radio PSA. All were produced in both English and Spanish and are available in several formats for downloading and broadcasting. PHMSA seeks to measure the effectiveness of the campaign through an online survey. After the comments to this notice are addressed, PHMSA will request approval for this new information collection from the Office of Management and Budget (OMB).
Clarification Policy on Initial Fitness Review for Classification Approvals
Document Number: 2012-16363
Type: Notice
Date: 2012-07-05
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
This notice clarifies and provides further guidance on PHMSA's policy of conducting fitness reviews of applicants for classification approvals, including Fireworks, Explosives, Organic Peroxides and Self- reactive materials.
Hazardous Materials; Reverse Logistics (RRR)
Document Number: 2012-16177
Type: Proposed Rule
Date: 2012-07-05
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
PHMSA is publishing this ANPRM to identify ways to reduce the regulatory burden for persons who ship consumer products containing hazardous materials in the ``reverse logistics'' supply chain. Reverse logistics is the process that is initiated when a consumer product goes backwards in the distribution chain. It may be initiated by the consumer, the retailer, or anyone else in the chain. Therefore, the process may involve consumers, retailers, manufacturers, and even disposal facilities. Following this ANPRM, PHMSA anticipates publishing an NPRM that will propose to simplify the regulations for reverse logistics shipments and provide avenue means for regulatory compliance that maintains transportation safety. This action is part of DOT's retrospective plan under EO 13563 completed in August 2011 DOT's plan is available at: http://www.dot.gov/open/docs/dot-final-rrr-plan-08-23- 2011.pdf. To fully engage the broad spectrum of stakeholders affected by reverse logistics, this ANPRM solicits comments and input on several questions in the context of reverse logistics. Any comments, data, and information received will be used to evaluate and shape the proposals in the NPRM.
Common Law Tort Claims Concerning Design and Marking of DOT Specification 39 Compressed Gas Cylinders
Document Number: 2012-16240
Type: Notice
Date: 2012-07-03
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
Federal hazardous material transportation law preempts a private cause of action which seeks to create or establish a State common law requirement applicable to the design, manufacture, or marking of a packaging, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce when that State common law requirement would not be substantively the same as the requirements in the HMR. Federal hazardous material transportation law does not preempt a tort claim that a packaging, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material failed to meet the design, manufacturing, or marking requirements in the HMR or that a person who offered a hazardous material for transportation in commerce or transported a hazardous material in commerce failed to comply with applicable requirements in the HMR.