This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

65148 

Vol. 88, No. 182 

Thursday, September 21, 2023 

1 88 FR 43016. 

2ASLRRA’s comment may be reviewed at: 

https://www.regulations.gov/comment/PHMSA2019-0031-0011. 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 171, 172, 173, 174, 175, 

176, 177, 178, 179, 180 

[Docket No. PHMSA–2019–0031 (HM–265A)] 

RIN 2137–AF47 

Hazardous Materials: Modernizing 

Regulations To Improve Safety and 

Efficiency; Extension of Comment 

Period 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Department of Transportation 

(DOT). 

ACTION: Advance notice of proposed 

rulemaking; Extension of comment 

period. 

SUMMARY: On July 5, 2023, PHMSA 

published an advance notice of 

proposed rulemaking, titled ‘‘Hazardous 

Materials: Modernizing Regulations to 

Improve Safety and Efficiency (HM– 

265A),’’ seeking comment of 46 topics 

related to modernizing the hazardous 

materials regulations to increase 

efficiency while maintaining and 

improving safety. In response to a 

request for an extension of the comment 

period submitted by the American Short 

Line and Regional Railroad Association, 

PHMSA is extending the comment 

period for the HM–265A notice for an 

additional 60 days. Comments to the 

HM–265A notice will now be due by 

December 4, 2023. 

DATES: The comment period for the 

proposed rule published July 5, 2023, at 

88 FR 43016, is extended. Comments 

should be received on or before 

December 4, 2023. To the extent 

possible, PHMSA will consider latefiled comments. 

ADDRESSES: Comments should reference 

Docket No. PHMSA–2019–0031 (HM– 

265A) and may be submitted in the 

following ways: 

• Federal eRulemaking Portal: 

https://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 a.m. 

and 5 p.m., Monday through Friday, 

except federal holidays. 

Instructions: All submissions must 

include the Agency name and Docket 

Number (PHMSA–2019–0031) for this 

notice 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 https://

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 

https://www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at https://www.dot.gov/ 

privacy. 

Confidential Business Information: 

Confidential Business Information (CBI) 

is commercial or financial information 

that is both customarily and 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 

ANPRM contain commercial or 

financial information that is customarily 

treated as private, that you treat as 

private, and that is relevant or 

responsive to this ANPRM, 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: 

I. Background 

On July 5, 2023, PHMSA published 

the HM–265A advance notice of 

proposed rulemaking (ANPRM) 1 which 

seeks comment on 46 topics related to 

modernizing the requirements of the 

Hazardous Materials Regulations (HMR; 

49 CFR parts 171 through180) to 

increase efficiency while maintaining or 

improving the safety of hazardous 

materials transportation. 

II. Comment Period Extension 

PHMSA initially provided a 90-day 

comment period for the HM–265A 

ANPRM, which closes on October 3, 

2023. In response to a request to extend 

the comment period from the American 

Short Line and Regional Railroad 

Association (ASLRRA),2 PHMSA is 

extending the comment period for an 

additional 60 days. ASLRRA requested 

the extension to allow for additional 

time to gather feedback on the 

numerous topics addressed in the 

ANPRM from its member railroads, the 

majority of which are small businesses. 

The comment period will now close on 

December 4, 2023. This extension 

provides the public with an additional 

60 days and should provide adequate 

opportunity for the public and 

stakeholders 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. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Proposed Rules 65149 

1The petition states that the Parent Advocacy 

Group is a group of members dedicated to ending 

heatstroke deaths of children in vehicles. 

2Fray, Eddie L., Petition to the Secretary of 

Transportation to Mandate a Number of Higher 

Safety Standards to the Automobile Industry (‘‘Fray 

Petition’’), November 27, 2015, page 1. 

3 Id. 

4Fray Petition at page 9. 

5Fray Petition, pages 9–12. The petitioner has 

filed copyrights for some of these concepts with the 

U.S. Copyright Office in 2014 and 2015. (Guardian 

Car Cam: TXu001931485; Accessory: 

TXu001999496; S2S Hot Car System: 

TXu001982523). 

6Mr. Fray’s petition did not request that NHTSA 

initiate rulemaking to require vehicles to be able to 

detect and respond to the presence of unattended 

children in seats, nor did it provide supporting 

information demonstrating the practicability and 

safety benefits of such a requirement. Such a 

request would have fallen within the scope of a 

petition for rulemaking under 49 CFR part 552. 

7The RIN for this planned rulemaking is 2127– 

AM49. For more information see https://

www.reginfo.gov/public/do/ 

Continued 

Issued in Washington, DC, on September 

15, 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. 2023–20440 Filed 9–20–23; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2022–0097] 

Federal Motor Vehicle Safety 

Standards 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Denial of petition for 

rulemaking. 

SUMMARY: This document denies a 

petition for rulemaking submitted by 

Mr. Eddie L. Fray on behalf of the 

Parent Advocacy Group on November 

27, 2015. The petitioner requested that 

the Secretary of Transportation mandate 

installation of specific products and 

systems as well other complementary 

safety features intended to prevent 

pediatric heatstroke in vehicles. NHTSA 

is denying the petition because the 

Agency does not initiate rulemaking to 

require installation of specific products. 

DATES: September 21, 2023. 

ADDRESSES: National Highway Traffic 

Safety Administration, 1200 New Jersey 

Avenue SE, West Building, Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Susan Riddoch, Office of Crash 

Avoidance Standards, National 

Highway Traffic Safety Administration, 

1200 New Jersey Avenue SE, 

Washington, DC 20590, Telephone: 

(202) 366–2367, or Mr. Eli Wachtel, 

Telephone: 202–366–3065, Office of 

Chief Counsel. Address: National 

Highway Traffic Safety Administration, 

1200 New Jersey Avenue SE, 

Washington, DC 20590. 

I. Background 

The National Traffic and Motor 

Vehicle Safety Act (‘‘Safety Act’’) (49 

U.S.C. 30101 et seq.) authorizes NHTSA 

to issue safety standards for new motor 

vehicles and new items of motor vehicle 

equipment. Each Federal Motor Vehicle 

Safety Standard (FMVSS) must be 

practicable, meet the need for motor 

vehicle safety, and be stated in objective 

terms. NHTSA does not endorse any 

vehicles or items of equipment. Further, 

NHTSA does not approve or certify 

vehicles or equipment. Instead, the 

Safety Act establishes a ‘‘selfcertification’’ framework under which 

each manufacturer is responsible for 

certifying that its products meet all 

applicable safety standards. 

Petitions for rulemaking are governed 

by 49 CFR 552. Pursuant to Part 552, the 

agency conducts a technical review of 

the petition, which may consist of an 

analysis of the material submitted, 

together with information already in 

possession of the agency. In deciding 

whether to grant or deny a petition, the 

agency considers this technical review 

as well as appropriate factors, which 

include, among others, allocation of 

agency resources and agency priorities. 

II. Petition 

On November 27, 2015, Mr. Fray 

submitted a petition on behalf of the 

Parent Advocacy Group 1 asking that the 

Secretary of Transportation mandate 

lifesaving features and systems intended 

to reduce heatstroke deaths of children 

in vehicles.2 The petitioner states that 

the mandate is necessary to save lives 

and requests that the Secretary issue the 

mandate within 30 days.3 A copy of the 

petition is available in the docket 

identified at the beginning of this 

document. 

In support of his request, the 

petitioner cites heatstroke death 

statistics dating back to 1998 as well as 

information about specific heatstroke 

deaths of children in vehicles. The 

petitioner also includes information 

about actions NHTSA has taken 

regarding child heatstroke deaths in 

vehicles and why he believes those 

actions fall short of what is needed.4

The petition then describes a product 

called ‘‘the Guardian Cam,’’ a heatstroke 

prevention alarm system called 

‘‘Accessory,’’ and a seat belt and 

pressure sensing alert system called 

‘‘seat to seat.’’ 5 In addition to 

descriptions of the concepts, the 

petitioner included exemplar sketches 

of what the concepts would look like 

when installed in a vehicle. The 

petitioner also outlined how the 

concepts are designed to work in 

various scenarios to prevent child 

heatstroke in vehicles. 

It is our understanding that the 

petitioner is requesting that the 

Secretary of Transportation mandate the 

installation of Guardian Cam and other 

complementary systems and features on 

new motor vehicles. The Secretary of 

Transportation has delegated 

responsibility for responding to this 

petition to NHTSA. 

III. NHTSA’s Consideration of the 

Petition and Decision 

NHTSA has conducted an analysis of 

Mr. Fray’s petition and, after careful 

consideration, has decided to deny his 

petition and will not initiate rulemaking 

proposing to require his concept 

countermeasures. NHTSA is denying 

Mr. Fray’s petition because it requests 

that NHTSA mandate specific products 

and accompanying features. Under the 

Safety Act, NHTSA is tasked with 

issuing motor vehicle safety standards 

that set minimum standards for motor 

vehicle or motor vehicle equipment 

performance. In doing so, NHTSA aims 

to establish standards that are 

performance-based and technology 

neutral. Additionally, as stated above, 

NHTSA does not endorse individual 

products. Accordingly, NHTSA finds 

that it would be inappropriate to grant 

a petition to initiate rulemaking to 

require specific products. Mr. Fray also 

asks the Secretary of Transportation to 

‘‘develop, demonstrate, and evaluate’’ 

his proposed countermeasures. This 

request, however, does not fall within 

the scope of a petition for rulemaking 

under 49 CFR part 552.6

Although NHTSA is denying the 

petition, the agency shares Mr. Fray’s 

concerns about the risk of pediatric 

heatstroke in vehicles and is committed 

to taking appropriate steps to address 

this issue. To this end, NHTSA 

continues to issue public messaging 

campaigns with numerous safety 

partners and conduct research. 

Additionally, NHTSA has recently 

initiated a rulemaking to establish new 

requirements to address pediatric 

heatstroke in vehicles.7


ddrumheller on DSK120RN23PROD with PROPOSALS1