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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 [www.gpo.gov]
[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:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     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.
     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 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 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: https://www.regulations.gov/document/PHMSA-2018-0080-0005.
    \3\ American Chemistry Council, the American Petroleum 
Institute, the Chlorine Institute, the Fertilizer Institute, and the 
Sulfur Institute's comment may be viewed here: https://www.regulations.gov/comment/PHMSA-2018-0080-0006.

    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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