G/TBT/N/USA/2013  
28 June 2023  
(23-4409) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of 
Transportation (DOT) [2044]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to h andle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other  [X]: Proposal to amend the Hazardous Materials Regulations (HMR; 49 Code of 
Federal Regulations (CFR) parts 171 to 180) to 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 s uch, railroads operating a train carrying hazardous materials 
will be required to push that information to state -authorized local first responders needing 
that information promptly following either an accident involving that train, or an incident 
involving  the release or suspected release of hazardous material from that train.  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Hazardous 
materials transport; Transp ort by rail (ICS code(s): 03.220.30); Environmental protection 
(ICS code(s): 13.020); Domestic safety (ICS code(s): 13.120); Protection against 
dangerous goods (ICS code(s): 13.300); Products of the chemical industry (ICS code(s): 
71.100)  
5. Title, number  of pages and language(s) of the notified document:  Hazardous 
Materials: FAST Act Requirements for Real -Time Train Consist Information; (20 page(s), 
in English)  
6. Description of content:  Notice of proposed rulemaking - PHMSA proposes amendments 
to its Ha zardous 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 
transpo rtation to enhance emergency response and investigative efforts. The proposal 
responds to a safety recommendation of the National Transportation Safety Board and 
statutory mandates in The Fixing America's S urface Transportation Act , as amended, 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.  G/TBT/N/USA/2013  
 
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  7. Objective and  rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety; Protection of the environment  
8. Relevant documents:   
88 Federal Register (FR) 41541, 27 June 2023; Title 49 Code of Federal Regulations (CFR) 
Parts 171, 174, and 180 : 
https://www.govi nfo.gov/content/pkg/FR -2023-06-27/html/2023 -13467.htm  
https://www.govinfo.gov/content/pkg/FR -2023-06-27/pdf/2023 -13467.pdf  
This notice of proposed rulemaking is identified by Docket Number PHMSA -2016-0015. 
The Docket Folder is available on Regulations.gov at 
https://www.regulations.gov/docket/PHMSA -2016-0015/document  and provides access 
to primary and supporting documents as well as comments received. Documents are also 
accessible from Regulations.gov  by searching the Docket Number. WTO Members and 
their stake holders are asked to submit comments to the USA TBT Enquiry Point  by or 
before 4pm Eastern Time  on 28 August 2023. Comments  received by the USA TBT Enquiry 
Point from WTO Members and their stakeholders will be shared with the regulator and will 
also be submitted to the Docket  on Regulations.gov if rece ived within the comment 
period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  28 August 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/USA/23_10627_00_e.pdf