Pipeline and Hazardous Materials Safety Administration: Rail Regulatory Update
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1 Pipeline and Hazardous Materials Safety Administration: Rail Regulatory Update Shane Kelley Acting Director, Standards and Rulemaking Division Wednesday, September 6, 2017
2 FAST Act The Fixing America s Surface Transportation Act of 2015 (FAST Act) includes provisions for the safe transportation of crude oil by rail: Rulemakings Studies Reports Secretary to Congress Other Elaine mandates L. Chao and programmatic Jeffrey A. changes Rosen for the Office of Hazmat Safety
3 Crude-by-Rail Provisions in the FAST Act Real-Time Emergency Response Information ( 7302) Phase-out of All Tank Cars Used to Transport Class 3 Flammable Liquids ( 7304) Thermal Blankets ( 7305) Secretary Top Fittings Protections ( 7306) Elaine L. Chao Jeffrey A. Rosen Rulemaking on Oil Spill Response Plans ( 7307)
4 Crude-by-Rail Provisions in the FAST Act Cont d Modification Reporting ( 7308) Report on Crude Oil Characteristics Research Study ( 7309) Hazardous Materials by Rail Liability Study ( 7310) Secretary Study and Elaine Testing L. Chao of Electronically Controlled Jeffrey A. Rosen Pneumatic Brakes ( 7311)
5 HM-263: FAST Act Requirements for Real- Time Train Consist Information by Rail ANPRM published on January 19, 2017 Comment period closed April 19, 2017 Purpose: Solicits comments on requirements in 7302 of the FAST Act to issue regulations to require a Class I railroad transporting hazmat to generate accurate, real-time, and electronic train consist information and to require fusion centers to provide the electronic train consist information to State and local first responders, emergency response officials, and law enforcement personnel. Secretary Updates: PHMSA is reviewing comments. Elaine L. Chao Jeffrey A. Rosen PHMSA intends to conduct additional analysis on emerging technologies and alternative actions.
6 HM-251C: FAST Act Requirements for Flammable Liquids and Rail Tank Cars Final rule published on August 15, 2016 Effective date August 15, 2016 Purpose: Codifies certain mandates and requirements of the FAST Act ( 7304, 7305, and 7306). Summary: Revises phase-out schedule for all DOT Specification 111 tank cars used to transport unrefined petroleum products (e.g., petroleum crude oil), ethanol, and other Class 3 flammable liquids. Requires that each tank car built to meet the DOT Specification 117 and each Secretary non-jacketed tank car retrofitted to Deputy meet the Secretary DOT Specification 117R be equipped with a thermal protection blanket that is at least Elaine 1/2-inch L. Chao thick & meets existing thermal Jeffrey protection A. Rosen standards. FAST Act mandates minimum top fittings protection requirements for tank cars retrofitted to meet the DOT Specification 117R.
7 HM-251B: Oil Spill Planning and Info Sharing for HHFTs NPRM published on July 29, 2016 Comment period closed September 27, 2016 Purpose: Revises the Hazardous Materials Regulations to expand the applicability of comprehensive oil spill response plans (COSRPs) to high-hazard flammable trains (HHFTs) based on thresholds of crude oil, per 7302 of the FAST Act. Updates: PHMSA is currently drafting the Final Rule and Regulatory Impact Analysis with assistance from the Federal Railroad Administration and estimates Secretary the rulemaking will be published in Deputy Fiscal Secretary Year The Department has submitted quarterly updates and will continue to communicate Elaine L. Chao to Congress every 90 days as required Jeffrey A. by Rosen the FAST Act until a Final Rule is promulgated.
8 HM-251D: Volatility of Unrefined Petroleum Products and Class 3 Materials ANPRM published on January 18, 2017 Comment period extension closed May 19, 2017 Purpose: Addresses volatility of unrefined petroleum products and potentially all Class 3 flammable liquids transported by means other than pipeline. Discusses a petition for rulemaking submitted by the Attorney General of the State of New York that requested a national vapor pressure limit. Solicits stakeholder comments to address the merits of this rulemaking, as well as any knowledge gaps in volatility as a complement to the study by Sandia National Laboratories. Updates: Secretary Pursuant to 7309, PHMSA plans to assess the results of the Sandia study Elaine before L. making Chao a determination on the need Jeffrey to A. propose Rosen new regulations.
9 Questions? - 9 -
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