Pipeline and Hazardous Materials Safety Administration September 2013 – Federal Register Recent Federal Regulation Documents
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Pipeline Safety: Class Location Requirements
On August 1, 2013, PHMSA published a notice of inquiry in the Federal Register on ``Class Location Requirements,'' seeking comments on whether integrity management program (IMP) requirements, or elements of IMP, should be expanded beyond high consequence areas (HCA) and, with respect to gas transmission pipeline facilities, whether applying IMP requirements to additional areas would mitigate the need for class location requirements. PHMSA has received two requests to extend the comment period to allow stakeholders more time to evaluate the notice of inquiry. PHMSA concurs with this request and is extending the comment period from September 30, 2013, to November 1, 2013.
Notice of Application for Special Permits
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.
Notice of Applications for Modification of Special Permit
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.
Special Permit Applications
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 (August to August 2013). 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.
Delayed Applications
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.
Highway-Rail Grade Crossing; Safe Clearance
FMCSA and PHMSA amend the Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs), respectively, to prohibit a driver of a commercial motor vehicle or of a motor vehicle transporting certain hazardous materials or certain agents or toxins (hereafter collectively referenced as ``regulated motor vehicle'') from entering onto a highway-rail grade crossing unless there is sufficient space to drive completely through the grade crossing without stopping. This action is in response to section 112 of the Hazardous Materials Transportation Authorization Act of 1994, as amended by section 32509 of the Moving Ahead for Progress in the 21st Century Act (MAP-21). The intent of this rulemaking is to reduce highway-rail grade crossing crashes.
Pipeline Safety: Administrative Procedures; Updates and Technical Corrections
PHMSA is amending the pipeline safety regulations to update the administrative civil penalty maximums for violation of the safety standards to reflect current law, to update the informal hearing and adjudication process for pipeline enforcement matters to reflect current law, and to make other technical corrections and updates to certain administrative procedures. The amendments do not impose any new operating, maintenance, or other substantive requirements on pipeline owners or operators.
Safety Advisory: Unauthorized Marking of Compressed Gas Cylinders
PHMSA is issuing this safety advisory to notify the public of the unauthorized marking of high pressure compressed gas cylinders by Beauchesne Fire Equipment located at 21 Freeman St. Attleboro Falls, MA.
Safety Advisory: Unauthorized Filling of Compressed Gas Cylinders
This is to notify the public that PHMSA has confirmed that Komer Carbonic Corp., 12120 Cloverdale Street, Detroit, MI 48021, improperly filled and offered for transportation high pressure compressed gas cylinders (DOT Specification 3A, 3AA and 3AL) without verifying that they met the appropriate safety requirements for continued use. The US DOT PHMSA was alerted on July 5, 2013 and verified on July 9, 2013 that Komer Carbonic Corp. filled and transported compressed gas cylinders without verifying their suitability for continued service. Komer Carbonic Corp. fills and offers cylinders containing Carbon dioxide, for restaurants and other establishments.
Hazardous Materials: Failure To Pay Civil Penalties
PHMSA proposes to amend the hazardous materials procedural found under our regulations. Specifically, this proposed action would prohibit a person who fails to pay a civil penalty as ordered, or fails to abide by a payment agreement, from performing activities regulated by the Hazardous Materials Regulations until payment is made.
Pipeline Safety: Information Collection Activities
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and approval. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on June 14, 2013, (78 FR 36016). PHMSA received one comment in response to that notice. PHMSA is publishing this notice to respond to the comment, provide the public with an additional 30 days to comment, and announce that the revised Information Collection will be submitted to the Office of Management and Budget (OMB) for approval.
Pipeline Safety: Public Workshop on Integrity Verification Process, Comment Extension
On May 28, 2013, PHMSA published in the Federal Register a notice announcing a public workshop on ``Integrity Verification Process'' which took place on August 7, 2013. The notice also sought comments on the proposed ``Integrity Verification Process.'' In response to the comments received, PHMSA has made some revisions to the proposed ``Integrity Verification Process'' flowchart. PHMSA is using this notice to announce the revised ``Integrity Verification Process'' flowchart and extend the comment period from September 9, 2013, to October 7, 2013.
Pipeline Safety: Information Collection Activities
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comments. A Federal Register notice with a 60-day comment period soliciting comments on the following information collection was published on April 23, 2013, (78 FR 23972). PHMSA received one comment in response to that notice. PHMSA is publishing this notice to respond to the comment, provide the public with an additional 30 days to comment on the proposed revisions to the forms and the instructions, and announce that the revised information collection will be submitted to OMB for approval.
Hazardous Materials: Rail Petitions and Recommendations To Improve the Safety of Railroad Tank Car Transportation (RRR)
PHMSA is considering revisions to the Hazardous Materials Regulations (HMR) to improve the regulations applicable to the transportation of hazardous materials by rail. The revisions are based on eight petitions received from the regulated community and four National Transportation Safety Board (NTSB) Recommendations which are referenced by a petition. In this ANPRM, we outline the petitions and NTSB recommendations, identify a preliminary estimate of costs and benefits from the petitions, pose several questions, and solicit comments and data from the public. Under Executive Order 13563, Federal agencies were asked to periodically review existing regulations. The questions posed in this ANPRM and responses by commenters will be used in conjunction with a retrospective review of existing requirements aimed to modify, streamline, expand, or repeal existing rules that are outmoded, ineffective, insufficient, or excessively burdensome.
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