
[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.

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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: http://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 http://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 http://www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
http://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


