Request for Information on Regulatory Challenges to Safely Transporting Hazardous Materials by Surface Modes in an Automated Vehicle Environment; Correction |
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Drue Pearce
U.S. Department of Transportation
29 March 2018
[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Proposed Rules]
[Pages 13464-13466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06290]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, 172, 173, 174, 177, 178, 179, and 180
[Docket No. PHMSA-2018-0001; Notice No. 2018-01]
Request for Information on Regulatory Challenges to Safely
Transporting Hazardous Materials by Surface Modes in an Automated
Vehicle Environment; Correction
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Request for information; correction.
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SUMMARY: This request for information notice replaces the version
published in the Federal Register on March 22, 2018 (83 FR 12529), to
make technical corrections to the prior version. The Pipeline and
Hazardous Materials Safety Administration (PHMSA) requests information
on matters related to the development and potential use of automated
technologies for surface modes (i.e., highway and rail) in hazardous
materials transportation. In anticipation of the development, testing,
and integration of Automated Driving Systems in surface transportation,
PHMSA is issuing this request for information on the factors the Agency
should consider to ensure continued safe transportation of hazardous
materials without impeding emerging surface transportation
technologies.
DATES: Interested persons are invited to submit comments on or before
May 7, 2018. Comments received after that date will be considered to
the extent practicable.
ADDRESSES: You may submit comments identified by Docket Number PHMSA-
2018-0001 via any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Fax: 1-202-493-2251.
Mail: Docket Operations, 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 Docket Operations, 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 notice. Internet users may access comments
received by DOT at: http://www.regulations.gov. Please note that
comments received will be posted without change to: http://www.regulations.gov including any personal information provided.
Privacy Act: In accordance with 5 U.S.C. 553(c), the DOT solicits
comments from the public. The DOT posts these comments, without edit,
including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Matthew Nickels, Senior Regulations
Officer (PHH-10), U.S. Department of Transportation, Pipeline and
Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE,
East Building, 2nd Floor, Washington, DC 20590-0001, Telephone 202-366-
0464, Matthew.Nickels@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Overview
The transportation sector is undergoing a potentially revolutionary
period, as tasks traditionally performed by humans only are
increasingly being done, whether in testing or in actual integration,
by automated technologies. Most prominently, ``Automated Driving
Systems'' (ADS) have shown the capacity to drive and operate motor
vehicles, including commercial motor vehicles, as safely and
efficiently as humans, if not more so. Similar technological
developments are also occurring in rail. Additionally, PHMSA
acknowledges that ongoing advances in aviation and maritime technology
could also affect the transportation of hazardous materials and plans
to address these issues in future notices, as necessary.
DOT, including PHMSA, strongly encourages the safe development,
testing, and integration of automated technologies, including the
potential for these technologies to be used in hazardous materials
transportation. Although an exciting and important innovation in
transportation history, the emergence of surface automated vehicles and
the technologies that support them may create unique and unforeseen
challenges for hazardous materials transportation. The safe
transportation of hazardous materials remains PHMSA's top priority, and
as the development, testing, and integration of surface automated
vehicles into our transportation system continues, PHMSA recognizes the
need to work with State and modal partners to ensure the Hazardous
Materials Regulations (HMR; 49 CFR parts 171-180) framework
sufficiently takes into account these new technological innovations.
The purpose of this request for information is to obtain public
comment on how the development of automated technologies may impact the
HMR, and on the information PHMSA should consider when determining how
to best ensure the HMR adequately account for surface automated
vehicles.\1\ In anticipation of the role surface automated vehicles and
the technologies that support them may play on transportation, the
movement of freight, and commerce, PHMSA requests comments from the
public and interested stakeholders--including entities engaged in the
development, testing, and integration of these technologies--on the
potential future incompatibilities between the hazardous materials
transportation requirements in the HMR and a surface transportation
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system that incorporates automated vehicles.
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\1\ In this notice, PHMSA is not seeking comment on how advances
in aviation or maritime technology could affect the transportation
of hazardous materials, though the Agency is considering future
notices on those issues.
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This request for information notice replaces the version published
in the Federal Register on March 22, 2018 (83 FR 12529),\2\ to make
technical corrections to the prior version.
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\2\ See https://www.gpo.gov/fdsys/pkg/FR-2018-03-22/pdf/2018-05785.pdf.
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II. PHMSA's Safety Mission and Regulatory Objectives
PHMSA is an operating administration within DOT established in 2004
by the Norman Y. Mineta Research and Special Programs Improvement Act
(Pub. L. 108-426). PHMSA's mission is to protect people and the
environment by advancing the safe transportation of energy and other
hazardous materials that are essential to our daily lives. To achieve
this mission, PHMSA establishes national policy, sets and enforces
standards, educates, and conducts research to prevent hazardous
materials incidents. PHMSA collaborates closely with other Federal
agencies, operating administrations, and transportation modes, in
addition to coordinating with State and local governments and
authorities to ensure the safe movement of hazardous materials by
highway and rail in or around local communities.
Federal hazardous materials law authorizes the Secretary to
``prescribe regulations for the safe transportation, including
security, of hazardous materials in intrastate, interstate, and foreign
commerce.'' 49 U.S.C. 5103(b)(1). The Secretary has delegated this
authority to PHMSA in 49 CFR 1.97(b). The HMR are designed to achieve
three primary goals: (1) Help ensure that hazardous materials are
packaged and handled safely and securely during transportation; (2)
provide effective communication to transportation workers and emergency
responders of the hazards of the materials being transported; and (3)
minimize the consequences of an accident or incident should one occur.
The hazardous materials regulatory system is a risk management system
that is prevention-oriented and focused on identifying safety or
security hazards and reducing the probability and consequences of a
hazardous material release.
Under the HMR, hazardous materials are categorized into hazard
classes and packing groups based on analysis of and experience with the
risks they present during transportation. The HMR: (1) Specify
appropriate packaging and handling requirements for hazardous materials
based on this classification and require a shipper to communicate the
material's hazards through the use of shipping papers, package marking
and labeling, and vehicle placarding; (2) require shippers to provide
emergency response information applicable to the specific hazard or
hazards of the material being transported; and (3) mandate training
requirements for persons who prepare hazardous materials for shipment
or transport hazardous materials in commerce. The HMR also include
operational requirements applicable to each mode of transportation,
further necessitating that hazardous materials standards and
regulations be coordinated in intrastate, interstate, and foreign
commerce.
As such, PHMSA--in continued collaboration with the Federal Motor
Carrier Safety Administration and the Federal Railroad Administration--
seeks information regarding the design, development, and potential use
of automated transportation systems to safely transport hazardous
materials by surface mode in compliance with the HMR, and to identify
requirements within the HMR which may impede the integration of this
technology.
III. Special Permit Program Allows Regulatory Flexibility To Foster
Innovation
PHMSA safely incorporates technological innovation through its
special permit (SP) program. SPs set forth alternative requirements--or
a variance--to the requirements in the HMR in a manner that achieves an
equivalent level of safety to that required under the regulations, or
if a required safety level does not exist, that is consistent with the
public interest. PHMSA's Approvals and Permits Division is responsible
for the issuance of DOT SPs. Specifically, SPs are issued by PHMSA
under 49 CFR part 107, subpart B.
The HMR often provide performance-based standards and, as such,
provide the regulated community with some flexibility in meeting safety
requirements. Even so, not every transportation situation can be
anticipated and covered under the regulations. The hazardous materials
community is at the cutting edge of development of new materials,
technologies, and innovative ways of moving hazardous materials.
Innovation strengthens our economy, and new technologies and
operational techniques may enhance safety. Thus, SPs provide a
mechanism for testing and using new technologies, promoting increased
transportation efficiency and productivity, and ensuring global
competitiveness without compromising safety. SPs enable the hazardous
materials industry to safely, quickly, and effectively integrate new
products and technologies into production and the transportation
stream.
IV. Additional DOT Guidance
PHMSA requests information related to the development and potential
use of surface automated vehicles and the technologies that support
them in hazardous materials transportation by highway or rail. For
additional background on ADS for motor vehicles, PHMSA notes that DOT
and the National Highway Traffic Safety Administration (NHTSA) released
guidance in the Automated Driving Systems 2.0: A Vision for Safety,\3\
on September 12, 2017. Further, NHTSA issued a notice [September 15,
2017; 82 FR 43321] making the public aware of the guidance and seeking
comment. This voluntary guidance, among other things, describes the
levels of ``Automated Driving Systems'' for on-road motor vehicles
developed by SAE International (see SAE J3016, September 2016) and
adopted by DOT.
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\3\ See https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/13069a-ads2.0_090617_v9a_tag.pdf.
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The SAE definitions divide vehicles into levels based on ``who does
what, when.'' Generally:
At SAE Level 0, the driver does everything.
At SAE Level 1, an automated system on the vehicle can
sometimes assist the driver conduct some parts of the driving task.
At SAE Level 2, an automated system on the vehicle can
actually conduct some parts of the driving task, while the driver
continues to monitor the driving environment and performs the rest of
the driving task.
At SAE Level 3, an automated system can both actually
conduct some parts of the driving task and monitor the driving
environment in some instances, but the driver must be ready to take
back control when the automated system requests.
At SAE Level 4, an automated system can conduct the
driving task and monitor the driving environment, and the driver need
not take back control, but the automated system can operate only in
certain environments and under certain conditions.
At SAE Level 5, the automated system can perform all
driving tasks, under all conditions that a driver could perform them.
V. Questions
PHMSA requests comments on the implications of the development,
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testing, and integration of automated technologies for surface modes
(i.e., highway and rail) on both the HMR and the general transport of
hazardous materials.
Specifically, PHMSA asks:
1. What are the safety, regulatory, and policy implications of the
design, testing, and integration of surface automated vehicles on the
requirements in the HMR? Please include any potential solutions PHMSA
should consider.
2. What are potential regulatory incompatibilities between the HMR
and a future surface transportation system that incorporates automated
vehicles? Specific HMR areas could include but are not limited to:
(a) Emergency response information and hazard communication
(b) Packaging and handling requirements, including pre-transportation
functions
(c) Incident response and reporting
(d) Safety and security plans (e.g., en route security)
(e) Modal requirements (e.g., highway and rail)
3. Are there specific HMR requirements that would need
modifications to become performance-based standards that can
accommodate an automated vehicle operating in a surface transportation
system?
4. What automated surface transportation technologies are under
development that are expected to be relevant to the safe transport of
hazardous materials, and how might they be used in a surface
transportation system?
5. Under what circumstances do freight operators envision the
transportation of hazardous materials in commerce using surface
automated vehicles within the next 10 years?
(a) To what extent do the HMR restrict the use of surface automated
vehicles in the transportation of hazardous materials in non-bulk
packaging in parcel delivery and less-than-truckload freight shipments
by commercial motor vehicles?
(b) To what extent do the HMR restrict the use of surface automated
vehicles in the transportation of hazardous materials in bulk packaging
by rail and commercial motor vehicles?
6. What issues do automated technologies raise in hazardous
materials surface transportation that are not present for human drivers
or operators that PHMSA should address?
7. How might potential changes to the HMR for integration of
surface automated vehicle technologies impact current requirements for
human drivers or operators (i.e., training)?
8. Do HMR requirements that relate to the operation of surface
automated vehicles carrying hazardous materials present different
challenges than those that relate to ancillary tasks, such as
inspections and packaging requirements?
9. How will the behavioral responses of road and railway users
change with the integration of surface automated vehicle technologies?
What will the reaction be to automated vehicles or rail cars with
markings denoting the presence of hazardous materials?
10. What solutions could PHMSA consider to address potential future
regulatory incompatibilities between the HMR and surface automated
vehicle technologies?
11. What should PHMSA consider when reviewing applications for
special permits seeking regulatory flexibility to allow for the
transport of hazardous materials using automated technologies for
surface modes?
12. When considering long-term solutions to challenges the HMR may
present to the development, testing, and integration of surface
automated vehicles, what information and other factors should PHMSA
consider?
13. What should PHMSA consider when developing future policy,
guidance, and regulations for the safe transportation of hazardous
materials in surface transportation systems?
Signed in Washington, DC, on March 23, 2018.
Drue Pearce,
Deputy Administrator, Pipeline and Hazardous Materials Safety
Administration.
[FR Doc. 2018-06290 Filed 3-28-18; 8:45 am]
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