[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Proposed Rules]
[Pages 4276-4277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1455]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 174
[Docket No. FRA-2011-0004]
Hazardous Materials: Improving the Safety of Railroad
Transportation of Hazardous Materials
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of Public Meeting.
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SUMMARY: This notice announces that FRA has scheduled a public meeting
in Washington, DC, to discuss its process of issuing movement approvals
pursuant to Title 49 Code of Federal Regulations (CFR) 174.50. In an
effort to continually improve this aspect of its safety program, FRA is
undertaking a comprehensive review of its process of issuing movement
approvals, and through this public meeting seeks to gain input from all
persons and stakeholders affected or interested in this aspect of FRA's
hazardous materials program.
DATES: The public meeting will be held on Tuesday, February 22, 2011,
starting at 1 p.m.
ADDRESSES: The public meeting will be held at the DOT Conference
Center, located at 1200 New Jersey Avenue, SE., Washington, DC 20590 in
the Oklahoma Conference Room (Rooms A-B-C).
Oral Presentations: In order to ensure all interested parties are
provided ample opportunity to speak at the meeting, any person wishing
to present an oral statement should notify Mr. Karl Alexy, P.E.,
Engineer--Hazardous Materials, FRA Office of Safety Assurance and
Compliance, at least 4 business days before the date of the public
meeting. Mr. Alexy can be reached by e-mail at [email protected] or by
phone at (202) 493-6245. For information on facilities or services for
persons with disabilities, or to request special assistance at the
meeting, contact Mr. Alexy as soon as possible.
FRA will make a teleconference line available for any interested
party who wishes to attend the meeting by phone. Any interested party
desiring to attend the meeting by phone should contact Mr. Alexy as
soon as possible.
Written Comments: We invite interested parties who are unable to
attend the meeting, or who otherwise desire to submit written comments
or data, to submit any relevant information, data, or comments to the
above-referenced docket (FRA-2011-
[[Page 4277]]
0004). Written comments may be submitted by any of the following
methods:
Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
Fax: 202-493-2251.
Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
Comments submitted by March 24, 2011, will be considered by FRA.
Comments submitted after that date will be considered to the extent
practicable.
FOR FURTHER INFORMATION CONTACT: Karl Alexy, Engineer-Hazardous
Materials Division, at (202) 493-6245 or [email protected]; or William
Schoonover, Staff Director, Hazardous Materials Division, at (202) 493-
6229 or [email protected], FRA Office of Safety Assurance and
Compliance.
SUPPLEMENTARY INFORMATION: Pursuant to 49 CFR 174.50, FRA has the
authority to approve the rail movement of bulk hazardous materials
packages that do not conform to the hazardous materials regulations
(HMR; 49 CFR parts 171-180). The genesis of 49 CFR 174.50 was the 1996
consolidation of various regulatory provisions that prohibited
railroads from forwarding damaged packages, leaking tank cars (except
for necessary short moves), or any tank car found in noncompliance with
the HMR, except under the terms of a DOT exemption (now referred to as
a DOT ``special permit''). In consolidating these regulatory provisions
and authorizing FRA's Associate Administrator for Railroad Safety/Chief
Safety Officer to approve the movements of nonconforming packages by
rail, the stated goal of the Research and Special Programs
Administration (the Pipeline and Hazardous Materials Safety
Administration's predecessor agency) was to make clear that the
movement of packages that do not conform to the HMR was prohibited, but
at the same time, provide a method to allow bulk packages (including
tank cars) that no longer meet their packaging specifications to be
moved safely by rail when necessary to effect corrective actions and
repairs. See 60 FR 65,492 and 65,495 (December 19, 1995); 61 FR 28,666
and 28,669 (June 5, 1996); and 65 FR 50,450 and 50,455 (August 18,
2000).
The number of movement approvals issued by FRA over the last
several years has steadily increased. FRA issued 380 movement approvals
in calendar year (CY) 2007, 444 in CY 2008, 645 in CY 2009, and 906 in
CY 2010. Movement approvals have been issued for such nonconformances
as service equipment, tank shell, or lining failures; overloaded
packagings; jacket, tank car shell, or head damage; stub sill weld
cracks; failures of heater coils or thermal protection systems; tank
cars overdue for required tests; and other reasons. Significant
information on the movement approval process can be found on FRA's Web
site at http://www.fra.dot.gov/downloads/safety/OTMAapprovalrequest1010.pdf.
As part of FRA's ongoing regulatory review efforts, and given the
increasing number of movement approvals FRA has issued over the last
several years, FRA believes a comprehensive review of its process will
ensure the continued efficient handling of movement approval requests,
while at the same time, ensuring that all relevant safety aspects of
such requests are adequately considered. FRA encourages all interested
persons to participate in this meeting, either in person at the address
noted above or via telephone. We encourage participants (wishing to
make oral statements) to plan on attending the entire meeting, since
FRA may not be able to accommodate competing demands to appear at
specific times. A transcript of the meeting will be made available to
meeting participants and the public through the above-referenced docket
(FRA-2011-0004).
Privacy: Anyone is able to search all comments received into any of
our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review DOT's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (Volume
665, Number 70, Pages 19477-78) or at http://www.dot.gov/privacy.html.
Issued in Washington, DC, on January 19, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2011-1455 Filed 1-24-11; 8:45 am]
BILLING CODE 4910-60-P