Proposed Rule2024-31077
Hazardous Materials: Advancing Safety of Highway, Rail, and Vessel Transportation; Extension of Comment Period
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 8, 2025
Effective
October 28, 2024
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
On October 28, 2024, PHMSA published a notice of proposed rulemaking (NPRM) titled "Hazardous Materials: Advancing Safety of Highway, Rail, and Vessel Transportation (HM-265)," proposing amendments to the Hazardous Materials Regulations (HMR) to adopt several modal-specific amendments that would enhance the safe transportation of hazardous materials in commerce by highway, rail, and vessel transportation. In response to a request for an extension of the comment period submitted by the Railway Supply Institute (RSI), PHMSA is extending the comment period for the HM-265 NPRM by an additional 90 days.
Full Text
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<title>Federal Register, Volume 90 Issue 5 (Wednesday, January 8, 2025)</title>
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[Federal Register Volume 90, Number 5 (Wednesday, January 8, 2025)]
[Proposed Rules]
[Pages 1405-1406]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31077]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, 172, 173, 174, 176, 177, 178, 179, and 180
[Docket No. PHMSA-2018-0080 (HM-265)]
RIN 2137-AF41
Hazardous Materials: Advancing Safety of Highway, Rail, and
Vessel Transportation; Extension of Comment Period
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking; extension of comment period.
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SUMMARY: On October 28, 2024, PHMSA published a notice of proposed
rulemaking (NPRM) titled ``Hazardous Materials: Advancing Safety of
Highway, Rail, and Vessel Transportation (HM-265),'' proposing
amendments to the Hazardous Materials Regulations (HMR) to adopt
several modal-specific amendments that would enhance the safe
transportation of hazardous materials in commerce by highway, rail, and
vessel transportation. In response to a request for an extension of the
comment period submitted by the Railway Supply Institute (RSI), PHMSA
is extending the comment period for the HM-265 NPRM by an additional 90
days.
DATES: The comment period for the proposed rule published October 28,
2024, at 89 FR 85590, is extended. Comments must be received by April
28, 2025. To the extent possible, PHMSA will consider late-filed
comments as a final rule is developed.
ADDRESSES: Comments should reference Docket No. PHMSA-2018-0080 (HM-
265) and may be submitted in the following ways:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Fax: 1-202-493-2251.
<bullet> Mail: Docket Management System; U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE, Washington, DC 20590.
<bullet> 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 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 document (PHMSA-2018-0080) or Regulation
Identifier number (RIN) (2137-AF41) for this rulemaking 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="https://www.dot.gov/privacy">https://www.dot.gov/privacy</a>.
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 Eamonn Patrick, 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: Eamonn Patrick, 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:
[[Page 1406]]
I. Background
On October 28, 2024, PHMSA published the HM-265 NPRM.\1\ In this
NPRM, PHMSA, in consultation with the Federal Motor Carrier Safety
Administration, the Federal Railroad Administration, and the United
States Coast Guard, proposed amendments identified during Departmental
review and from industry petitions for rulemaking, to reform modal
specific requirements for the transportation of hazardous materials set
out in the HMR, 49 Code of Federal Regulations (CFR) parts 107 and 171
through 180. PHMSA expects the adoption of these proposals will
maintain or enhance the safe transportation of hazardous materials
while increasing the clarity of the HMR, and therefore decrease
compliance burdens. The proposed amendments also reflect changing
conditions and trends that affect the safe transportation of hazardous
materials while still maintaining or enhancing safety.
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\1\ 89 FR 85590.
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II. Comment Period Extension
PHMSA initially provided a 90-day comment period for the HM-265
NPRM, which closes on January 27, 2025. In response to a request to
extend the comment period from the RSI,\2\ and subsequent comment \3\
by the American Chemistry Council, the American Petroleum Institute,
the Chlorine Institute, the Fertilizer Institute, and the Sulfur
Institute, PHMSA is extending the comment period for an additional 90
days. RSI requested an extension to allow sufficient time to address
the complexities of the proposed amendments for the NPRM and because
the timing of the initial comment period is such that it spans the
winter holiday season, which will hamper the ability of interested
parties to submit timely comments. PHMSA acknowledges the impact of the
winter holiday season on stakeholders' ability to comment and believes
a 90-day extension has merit. The NPRM comment period will now close on
April 28, 2025. This extension provides the public with an additional
90 days and should provide adequate opportunity for the public to
submit comments, while balancing the public interest in timely
completion of the final rule. To the extent possible, PHMSA will also
continue to consider late-filed comments.
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\2\ RSI's comment may be viewed here: <a href="https://www.regulations.gov/document/PHMSA-2018-0080-0005">https://www.regulations.gov/document/PHMSA-2018-0080-0005</a>.
\3\ American Chemistry Council, the American Petroleum
Institute, the Chlorine Institute, the Fertilizer Institute, and the
Sulfur Institute's comment may be viewed here: <a href="https://www.regulations.gov/comment/PHMSA-2018-0080-0006">https://www.regulations.gov/comment/PHMSA-2018-0080-0006</a>.
Issued in Washington, DC, on December 20, 2024, under authority
delegated in 49 CFR part 1.97.
William A. Quade,
Deputy Associate Administrator of Hazardous Materials Safety, Pipeline
and Hazardous Materials Safety Administration.
[FR Doc. 2024-31077 Filed 1-7-25; 8:45 am]
BILLING CODE 4910-60-P
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