{"operation":"document","citation":"89 FR 52956","title":"Hazardous Materials: FAST Act Requirements for Real-Time Train Consist Information","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-06-24","effective_on":"2024-07-24","summary":"PHMSA is amending the Hazardous Materials Regulations to require railroads that carry hazardous materials 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 transportation to enhance emergency response and investigative efforts. The amendments in this final rule address a safety recommendation of the National Transportation Safety Board and statutory mandates in The Fixing America's Surface Transportation Act, as amended by the Infrastructure, Investment, and Jobs Act, and complement existing regulatory requirements pertaining to the generation, maintenance, and provision of similar information in hard copy form, as well as other hazard communication requirements.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2024-13474.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2024-13474.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2024-13474","source_url":"https://www.federalregister.gov/documents/2024/06/24/2024-13474/hazardous-materials-fast-act-requirements-for-real-time-train-consist-information","body":"Federal Register, Volume 89 Issue 121 (Monday, June 24, 2024) [Federal Register Volume 89, Number 121 (Monday, June 24, 2024)] [Rules and Regulations] [Pages 52956-52994] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2024-13474] [[Page 52955]] Vol. 89 Monday, No. 121 June 24, 2024 Part III Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration ----------------------------------------------------------------------- 49 CFR Parts 171, 174, and 180 Hazardous Materials: FAST Act Requirements for Real-Time Train Consist Information; Final Rule Federal Register / Vol. 89 , No. 121 / Monday, June 24, 2024 / Rules and Regulations [[Page 52956]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 174, and 180 [Docket No. PHMSA-2016-0015 (HM-263)] RIN 2137-AF21 Hazardous Materials: FAST Act Requirements for Real-Time Train Consist Information AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: PHMSA is amending the Hazardous Materials Regulations to require railroads that carry hazardous materials 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 transportation to enhance emergency response and investigative efforts. The amendments in this final rule address a safety recommendation of the National Transportation Safety Board and statutory mandates in The Fixing America's Surface Transportation Act, as amended by the Infrastructure, Investment, and Jobs Act, and complement existing regulatory requirements pertaining to the generation, maintenance, and provision of similar information in hard copy form, as well as other hazard communication requirements. DATES: Effective Date: July 24, 2024. Voluntary Compliance Date: June 24, 2024. Delayed Compliance Date: For Class I Railroads June 24, 2025. For Class II and III Railroads June 24, 2026. FOR FURTHER INFORMATION CONTACT: Eamonn Patrick, 202-366-8553, Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: Table of Contents I. Executive Summary A. What is the purpose of the regulatory action? B. What are the key provisions? C. What changed between the NPRM and the final rule? D. What is the economic impact? II. Electronic Hazard Communication for Rail Transportation Emergency Response A. What action is being taken? B. What is PHMSA's authority for this action? C. Does this action apply to me? III. Background A. What is train consist information? B. What was required regarding train consist information prior to this final rule? C. How does this final rule impact existing special permits for electronic train consist information? D. How does train consist information affect rail transportation safety? E. How will the requirements for electronic train consist information adopted in this final rule affect rail transportation safety? F. What does PHMSA mean by real-time? G. How has PHMSA engaged stakeholders? IV. Summary and Discussion of Comments A. Summary of Comments Received B. Applicability of Real-Time Electronic Train Consist Information Requirements to Regional and Short Line Railroads C. Emergency Notification of Rail Accidents and Incidents Involving Hazardous Materials D. Defining the Recipients of Train Consist Information E. Maintenance of Both Paper and Electronic Train Consists F. Availability of Train Consist Information in Real-Time G. Timing of Updates to Train Consist Information H. Applicability of Requirements to Freight Lines Operating on Commuter/Passenger Rail Track I. Origin/Destination Information J. Emergency Response Point of Contact K. Use of the Existing AskRail[supreg] Application To Comply With This Rulemaking L. Cost, Benefit, and Delayed Compliance Period M. Comments Beyond the Scope of This Rulemaking N. Additional Notice and Opportunity To Comment V. Section-by-Section Review of Amendments A. Sections 171.8 and 180.503 B. Section 174.26 C. Section 174.28 VI. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Rulemaking B. Executive Orders 12866 and 14094, and DOT Regulatory Policies and Procedures C. Executive Order 13132 D. Executive Order 13175 E. Regulatory Flexibility Act and Executive Order 13272 F. Paperwork Reduction Act G. Unfunded Mandates Reform Act of 1995 H. Environmental Assessment I. Privacy Act J. Executive Order 13609 and International Trade Analysis K. National Technology Transfer and Advancement Act L. Cybersecurity and Executive Order 14082 M. Severability I. Executive Summary A. What is the purpose of the regulatory action? The Pipeline and Hazardous Materials Safety Administration (PHMSA) is amending the Hazardous Materials Regulations (HMR; 49 Code of Federal Regulations (CFR) parts 171 to 180) in response to congressional mandates and a safety recommendation of the National Transportation Safety Board (NTSB) and its existing statutory safety authorities. This final rule requires railroads transporting hazardous materials to generate train consist information in electronic form, maintain that information off-the-train, and update that information in real-time. Railroads must provide that information to authorized federal, state, and local first responders, emergency response officials, and law enforcement personnel \\1\\ along the train route who could be or are involved in the response to, or investigation of, an accident, incident, or public health or safety emergency involving the rail transportation of hazardous materials in advance of their arrival to an accident or incident. --------------------------------------------------------------------------- \\1\\ PHMSA understands ``authorized Federal, State, and local first responders, emergency response officials, and law enforcement personnel'' may include personnel from any of federal agencies (e.g., PHMSA, Federal Railroad Administration, National Transportation Safety Board, U.S. Environmental Protection Agency, or Federal Emergency Management personnel) involved in the response to or investigation of a hazmat incident during rail transportation, or organizations that state or local governments authorize to perform emergency response activities. PHMSA further understands that ``local first responders'' includes tribal and territorial first responders. --------------------------------------------------------------------------- Additionally, immediately following either an accident involving a train carrying hazardous materials or an incident involving the release or suspected release of hazardous material from a train, the railroad operating the train must make an emergency notification telephonically and provide train consist information electronically to the primary Public Safety Answering Point (PSAP) \\2\\ responsible for the area where the event occurred as well as the track owner (if the track owner is different from the railroad operating the train). PHMSA also adopts a requirement that railroads must test their emergency notification system at least annually. In updating that electronic train consist information, railroads must also update the local copy version of the same information [[Page 52957]] provided to train crews in printed paper copy. Updating both the local printed paper copy maintained by the train crew and the electronic version of that information maintained off the train ensures the information is consistent, accurate, and available when needed most. --------------------------------------------------------------------------- \\2\\ A PSAP is an entity responsible for receiving 9-1-1 calls and processing those calls according to a specific operational policy. Primary PSAPs are responsible for directly receiving 9-1-1 and other emergency calls and may route them to other PSAPs for response. --------------------------------------------------------------------------- PHMSA expects this enhanced, proactive approach will ensure that emergency response personnel have timely, accurate, actionable information regarding the hazardous materials being transported and the hazards they may encounter when they are en route to or reach the scene of a rail accident or incident, thereby reducing the risks to surrounding communities and the environment while expediting site remediation, restoration of rail service, and community engagement efforts as investigation activity proceeds. While PHMSA understands the availability of electronic real-time train consist information may not have changed the outcome of the recent Norfolk Southern train derailment in East Palestine, Ohio, that accident and similar events that have occurred in recent years highlight the importance of providing emergency response personnel with timely, complete, and accurate information regarding hazardous materials within a train--as any additional time for responders to prepare for what they will encounter may reduce risks and result in significant public safety, commercial, and environmental benefits. The amendments in this final rule respond to a mandate in Section 7302 of The Fixing America's Surface Transportation Act (FAST Act, Pub. L. 114-94), as amended by the Investment Infrastructure and Jobs Act (Pub. L. 117-58),\\3\\ to require Class I railroads \\4\\ transporting hazardous materials to generate accurate, real-time, electronic train consist information that must be provided ``to State and local first responders, emergency response officials, and law enforcement personnel that are involved in the response to or investigation of an accident, incident, or public health or safety emergency involving the rail transportation of hazardous materials.'' However, consistent with the broader language within an NTSB safety recommendation following the 2005 collision of two freight trains near Anding, Mississippi, PHMSA is applying the final rule requirements to all railroads that transport hazardous materials in light of the risks to public safety and the environment from delay in responding to releases from smaller Class II and III railroads. In this final rule, PHMSA is adopting alternative compliance methods as an option for Class III railroads to reduce the regulatory burden on these small businesses while still improving the ability of emergency responders to access accurate train consist information from these railroads. Additionally, while the proposed rule was more narrowly focused on providing information to emergency response personnel, thanks to public comments, this final rule adopts an approach that provides critical information to a broader group of responders while reducing the burden on railroads. --------------------------------------------------------------------------- \\3\\ Codified at 49 U.S.C. 20103 note. \\4\\ The Surface Transportation Board categorizes rail carriers into Class I, Class II, and Class III based on carrier's annual revenues. The threshold for Class I is a carrier earning revenue greater than approximately $1 billion/year (2023); the threshold for Class II rail carriers is approximately $46 million/year; and the threshold for Class III rail carriers is any value less than the threshold for Class II railroads. --------------------------------------------------------------------------- B. What are the key provisions? This section outlines the key provisions of the final rule. For benefit of the reader, a discussion of the changes made between this final rule and the notice of proposed rulemaking (NPRM) \\5\\ follows in section I.C. below. --------------------------------------------------------------------------- \\5\\ 88 FR 41541 (Jun. 27, 2023). https://www.govinfo.gov/content/pkg/FR-2023-06-27/pdf/2023-13467.pdf . --------------------------------------------------------------------------- Definition of ``Train Consist Information:'' PHMSA is amending the definition of ``train consist'' at Sec. 171.8 to be recharacterized as ``train consist information,'' meaning a hard (printed) copy or electronic record of the position and contents of hazardous materials rail cars of a train where the record includes information required by Sec. 174.26. Specifically, the information includes the contact information for a railroad-designated emergency point of contact; the point of origin and destination of the train; shipping paper information required by Sec. Sec. 172.201 to 172.203; and emergency response information required by Sec. 172.602(a). PHMSA also makes a conforming revision to Sec. 180.503 to delete a definition of ``train consist'' that is not used in that part. Notice to Train Crews: PHMSA is amending the requirements in Sec. 174.26 to provide train consist information (as PHMSA defines that term at Sec. 171.8) in local printed paper form to train crews prior to movement of hazardous materials by rail. Specifically, PHMSA clarifies responsibilities for railroads to provide a local printed paper copy version of train consist information to train crews; for train crews to update that local copy version of train consist information; and that the local copy of the train consist information must be maintained in a conspicuous location of an occupied locomotive or in the possession of a train crew member if they evacuate the locomotive during an accident or incident. Railroads must also ensure that train consist information is generated and updated in electronic form; maintained offsite of the train itself; and immediately accessible by the railroad's designated emergency response point of contact. Railroads must ensure the local printed paper copy and electronic train consist information maintained off the train are at all times accurate and consistent. Note that Class III railroads complying with the alternative compliance method adopted in this final rule are not required to maintain and update train consist information in electronic form. Instead, they must have a written plan that identifies how the railroad will provide accurate train consist information to local emergency responders; inform local emergency response organizations and PSAPs about their plan (and any material changes made to the plan after the original notification); enact the plan during incidents or accidents requiring emergency response; and test the plan at least annually. Emergency Response Information Sharing Requirements: PHMSA creates a new section at Sec. 174.28 that establishes real-time, electronic train consist information-sharing requirements for hazardous materials transported by rail. Railroads transporting hazardous materials must generate and provide train consist information by electronic means to authorized federal, state, and local first responders; emergency response officials; and law enforcement personnel who could be involved in the response to--or investigation of--an accident, incident, or public health or safety emergency involving the rail transportation of hazardous material. Information generated and shared in accordance with this section must be accurate; provided in a secure and confidential manner consistent with the intent of the FAST Act; and accessible at any time by authorized federal, state, and local first responders, emergency response officials, and law enforcement personnel. In the event of either an accident involving a train carrying hazardous materials, or incident involving the release or suspected release of hazardous material, railroads operating trains carrying hazardous material are required to immediately notify the primary PSAP responsible for the area where the incident occurred telephonically and the track owner (if [[Page 52958]] the track owner and the railroad operating the train are different), and provide the train consist information to the primary PSAP/track owner electronically in a form that the PSAP/track owner is capable of readily accessing (i.e., a form the PSAP/track owner can access and use based on the specific information technology resources they have available) to assist in response and investigation efforts. This emergency notification requirement applies to situations that require response from local emergency response agencies. For example, PHMSA does not expect that a railroad will provide emergency notification and train consist information to the primary PSAP responsible for the area where the incident occurred due to the release of a minimal amount of material from the routine operation of service equipment, provided the release does not cause property damage, injury to employees, or any danger to public safety or health. PHMSA emphasizes that the emergency notification requirement adopted in this final rule does not affect a railroad's responsibility to continue to comply with all applicable local, state, and federal reporting requirements related to releases of hazardous materials, hazardous substances, oil, or any similar subjects. Class III railroads may comply with the requirements applicable to Class I and II railroads, or they may comply with an alternative method for providing train consist information to authorized federal, state, and local first responders, emergency response officials, and law enforcement personnel. This alternative method is discussed in greater detail in Sections IV.B and V.C below. To summarize the alternative requirements, Class III railroads must develop a written plan that identifies how the railroad will provide emergency notification and accurate train consist information to local emergency responders; notify emergency responders along their route of the contents of the plan (and any material changes made to the plan after the original notification); \\6\\ conduct a test at least annually to demonstrate the effectiveness of the plan; and enact the plan in the event of a rail incident or accident requiring response from local emergency response agencies. --------------------------------------------------------------------------- \\6\\ In this context, PHMSA notes our expectation that a Class III railroad utilizing the alternate compliance method will notify local emergency response agencies of any significant changes to the procedures outlined in the plan, such as a change to the type of technology used to provide accurate train consist information. --------------------------------------------------------------------------- Finally, railroads must develop a test program and conduct tests of their emergency notification and electronic train consist transmission system at least annually, to ensure reliability of these systems across their network. Class III railroads complying with the alternative compliance method must conduct a test, at least annually, demonstrating that their written plan is effective for emergency notification and transmission of train consist information. C. What changed between the NPRM and the final rule? In response to comments received to the NPRM, PHMSA is making the following changes in this final rule. See Section IV for further details on the reasoning and impact of these changes. Table--Changes Between the NPRM and the Final Rule ---------------------------------------------------------------------------------------------------------------- NPRM proposal Final rule requirement Explanation ---------------------------------------------------------------------------------------------------------------- One-year compliance period One-year compliance period This extension in the for all railroads. for Class I railroads. compliance period for Class II and Two-year compliance period III railroads provides these for Class II and III railroads. smaller entities with additional time to make the necessary changes to their operations and systems to comply with the requirements of this final rule. Train consist information Train consist information This revision of a proposed must include information on the must include the origin and requirement aligns the final rule origin and destination of all destination of the train. more closely with the FAST Act hazardous materials transported on mandate for data on train origin the train. and destination, which will provide responders with information on the train's direction of travel. Railroads must provide Railroads must provide This revision is intended prompt emergency notification of an immediate emergency notification of to ensure the incident commander accident or incident involving an accident or incident involving receives critical train consist hazardous materials to every state- hazardous materials to the primary information without providing authorized local first responder PSAP responsible for the area where confusing notifications to within a 10-mile radius. the incident occurred unaffected jurisdictions. telephonically and the track owner This adjusted notification (if the track owner is different requirement is intended to ensure than the railroad operating the railroads have an operable system train). in place to make the emergency Railroads must test their notification, and that operational emergency notification system at procedures are practiced regularly. least annually, and create and retain records of the results of the tests (e.g., was the test notification received and acknowledged immediately). The contact information for The contact information for This revision to a proposed the railroad's designated emergency the railroad's designated emergency requirement acknowledges that point of contact must include name, point of contact must include a including a specific individual's title, e-mail address, and phone phone number. name, title, and email address is number. not practical for the constant, round-the-clock operational nature of rail transportation of hazardous materials. All railroads are subject There are alternative PHMSA concludes that to the same requirements in Sec. compliance requirements for Class different operational 174.28 for Electronic Train Consist III railroads. considerations for Class III Information. railroads and relative economic burdens for small businesses must be accounted for to facilitate effective implementation, and thus has created an alternative compliance requirement for Class III railroads. Train crews may use Train crews may use This editorial revision to electronic or radio communications electronic, radio communications, the proposed requirement clarifies to notify the railroad to update or other means to notify the further the flexibility railroads electronic train consist railroad to update the electronic can use to communicate train information. train consist information. consist changes to their centralized electronic system. The requirements for The requirements for This editorial revision to electronic real-time train consist electronic real-time train consist a proposed requirement clarifies information apply to a railroad information apply to a railroad that the railroad operating a train carrying hazardous material. operating a train carrying carrying hazardous materials is hazardous material. subject to the requirements of this rule, rather than the track owner (if the track owner is different that the railroad operating the train). [[Page 52959]] Emergency notifications Emergency notifications This editorial revision must be made promptly. must be made immediately. (replacing ``promptly'' with ``immediately'') better conveys PHMSA's intention in the NPRM that railroads notify the primary PSAP/ track owner as quickly as possible after learning of the accident or incident. ``Immediately'' is understood to have more urgency than ``promptly.'' n/a. The proposed paragraphs in The creation of a new Sec. 174.28(c) (security) and (d) paragraph (c) in Sec. 174.28 to (provision of train consist authorize alternative compliance information) are redesignated (d) requirements for Class III and (e), respectively. railroads requires redesignation of the proposed (c) and (d) to (d) and (e). The NPRM provided no PHMSA is clarifying that It was not PHMSA's intent clarification on the types of only accidents and incidents that to require the notification of accidents or incidents involving require activation of local local emergency response resources release or suspected release of emergency response resources must and provision of train consist hazardous materials requiring be immediately reported and information in circumstances that emergency notification. accompanied with electronic train do not require emergency response. consist information. ---------------------------------------------------------------------------------------------------------------- D. What is the economic impact? PHMSA estimates the final rule impacts six Class I railroads, 14 Class II railroads, and 638 Class III railroads, and estimates the undiscounted total financial impact of the rule over a 10 year analysis period to be about $17.7 million in 2022 dollars, for an average annual cost of $1.8 million. The discounted total cost of the rule over the analysis period is estimated to be $15.8 million in 2022 dollars at a two percent discount rate, for an average annual cost of $1.6 million. The benefits of this final rule will depend greatly on the effectiveness of having timely access to real-time train consist information to improve authorized federal, state, and local first responders, emergency response officials, and law enforcement personnel's ability to respond to rail accidents and incidents, which may be a high-consequence/low-probability event such as the Norfolk Southern train derailment at East Palestine, Ohio. PHMSA anticipates the final rule will improve authorized federal, state, and local first responders, emergency response officials, and law enforcement personnel's ability to promptly identify all the hazardous materials cars involved in an accident and to assess the threat from a hazardous materials release in a timely manner. PHMSA estimated the annual damage cost of hazardous material incidents on rail to be $15 million in 2022 dollars. Therefore, the rule would have to reduce damage costs by about 12 percent for the monetized benefits of the rule to equal costs. The following table summarizes the annual costs and benefits of the major provisions of the final rule in constant 2022 dollars. ---------------------------------------------------------------------------------------------------------------- Average annual cost Requirement -------------------------------- Benefit Breakeven Undiscounted 2% ---------------------------------------------------------------------------------------------------------------- Amending the definition of $327,847 $291,089 By aligning the Cost-effective if this train consist information. definition of the FAST requirement reduces Act with the language the consequences of in the existing hazardous material regulation, this incidents by rail by amendment improves about 11.8 percent. regulatory clarity. Amending notice to train crew.. 1,169,018 1,036,601 By improving emergency personnel's ability to promptly identify all the hazardous materials involved in an accident and assess the threat from a hazardous materials release, the provisions will reduce injuries and fatalities, material loss and response costs, and delays caused by closures. New emergency response 275,018 251,219 information sharing requirement. -------------------------------------------------------------------------------- Total...................... 1,771,883 1,578,908 ---------------------------------------------------------------------------------------------------------------- As illustrated by the Norfolk Southern train derailment incident at East Palestine, Ohio, such accidents can have substantial impacts that are not quantified by the final regulatory impact analysis (RIA) in this rulemaking--including the long-term environmental concerns and health risks (both physiological and psychological) for local residents. Research also shows that such accidents can reduce property values, which--in turn--can slow down economic activity in the area.\\7\\ Additionally, of the 140,000 total route-miles of track in the U.S., 104,000 miles are in rural and tribal areas, suggesting that train- related hazardous material incidents mainly happen in areas populated by disadvantaged communities.\\8\\ PHMSA acknowledged and considered these unquantified factors in adopting the provisions of the rulemaking. --------------------------------------------------------------------------- \\7\\ For example, a study that examines the impact of 33 derailments involving hazardous material on property values in New York State between 2004 and 2013 found that, on average, a derailment depreciates housing values within a one-mile radius by five to eight percent (Chuan Tang et al. (2020). Rail accidents and property values in the era of unconventional energy production. Journal of Urban Economics, 120, https://doi.org/10.1016/j.jue.2020.103295 . \\8\\ See PHMSA, ``Improving Rail in Rural Communities,'' https://railroads.dot.gov/rural (last accessed May 3, 2023). --------------------------------------------------------------------------- [[Page 52960]] II. Electronic Hazard Communication for Rail Transportation Emergency Response A. What action is being taken? In this final rule, PHMSA adopts a requirement for railroads transporting hazardous materials to generate, maintain externally to the train itself, and update in real-time, accurate train consist information in electronic form, and to make this information available to authorized federal, state, and local first responders, emergency response officials, and law enforcement personnel at all times upon request. Further, PHMSA requires that, in the event of either an accident involving a train carrying hazardous materials, or an incident involving the release or suspected release of hazardous material, railroads operating trains carrying hazardous material must immediately telephonically notify the primary PSAP responsible for the area (i.e., having jurisdiction) where the incident occurred, and forward that train consist information to the primary PSAP and the track owner (if the railroad operating the train and the track owner are different) in a form that the PSAP and track owner are capable of readily accessing. Class III railroads may comply with the requirements adopted for Class I and II railroads, or they may comply with the alternative requirements adopted in this rule for planning, notifying, and providing accurate train consist information to local emergency response agencies. PHMSA also makes conforming and clarifying revisions to previously existing HMR requirements governing notification (via local printed paper copy documentation) of train crews for trains carrying hazardous material. PHMSA is adopting a delayed compliance period of one year from the date of publication of this final rule for Class I railroads to allow railroads sufficient time to implement (via conducting training, procurement and installation of pertinent equipment and software, and development of procedures and security protocols) measures for generating, organizing, and providing train consist information in electronic form to authorized federal, state and local first responders, emergency response officials, and law enforcement personnel. PHMSA is adopting a delayed compliance period of two years for Class II and III railroads to allow these smaller railroads additional time to implement the systems and procedures necessary to comply with this final rule. Detailed discussions of comments received to the rulemaking docket are provided in Section IV below, and discussion of changes to sections of the HMR based on this rule are provided in Section V below. B. What is PHMSA's authority for this action? PHMSA's statutory authority for this action is twofold. Section of 7302 of the FAST Act, as amended by the Investment Infrastructure and Jobs Act, directs the Secretary of Transportation (Secretary) to issue regulations to require Class I railroads transporting hazardous materials to generate accurate, real-time, electronic train consist information that must be provided ``to State and local first responders, emergency response officials, and law enforcement personnel that are involved in the response to or investigation of an accident, incident, or public health or safety emergency involving the rail transportation of hazardous materials.'' Specifically, Section 7302(a)(1) directs the Secretary to require that Class I railroads include the following data in connection with such electronic, real- time train consist information: Identity, quantity, and location of hazardous materials on a train; Point of origin and destination of the train; Emergency response information or resources required by the Secretary; and Emergency response point of contact designated by the Class I railroad. Section 7302(a)(4) directs the Secretary to prohibit any Class I railroad, employee, or agent from withholding, or causing to be withheld, that information from authorized entities. Section 7302(a)(5) directs the Secretary to establish security and confidentiality protections, including protections from the public release of proprietary information or security-sensitive information, to prevent the release of real-time train consist information to unauthorized persons. Finally, Section 7302(a)(6) directs the Secretary to allow each Class I railroad to enter into a memorandum of understanding with any Class II railroad or Class III railroad that operates trains over the Class I railroad's line to incorporate the Class II railroad's or Class III railroad's train consist information. In addition to the FAST Act mandate, the Federal Hazardous Materials Transportation Act (HMTA; 49 U.S.C. 5101 et seq.) at 49 U.S.C. 5103 gives the Secretary general authority to issue regulations for the safe transportation of hazardous material in commerce. The Secretary delegates the above statutory authorities to PHMSA at 49 CFR 1.97. C. Does this action apply to me? The action in this final rule applies to all railroads that transport hazardous materials in commerce. Although the FAST Act contains an explicit requirement only for Class I railroads transporting hazardous materials to generate and provide accurate, real-time, electronic train consist information, in this final rule PHMSA adopts requirements--pursuant to its delegated general authority under the HMTA to make regulations for the safe transportation of hazardous materials including those materials transported by rail--for Class II railroads to also compile, update, and forward accurate, real- time train consist information in electronic form. Class III railroads may comply with the requirements adopted for Class I and II railroads, or they may comply with the alternative requirements adopted in this rule for planning, notifying, and providing accurate train consist information to local emergency response agencies. PHMSA notes that this broader approach to include all railroads transporting hazardous materials in the United States is consistent with the inclusive language within NTSB safety recommendation R-07-04 issued following the 2005 collision of two freight trains containing hazardous materials near Anding, Mississippi. Safety recommendation R- 07-04 called on PHMSA to require that all railroads immediately provide real-time train consist information to emergency responders following an accident or incident involving rail transportation of hazardous material.\\9\\ --------------------------------------------------------------------------- \\9\\ NTSB, NTSB/RAR-07/01, ``Collision of Two CN Freight Trains near Anding, Mississippi on July 10, 2005'' at 48 (Mar. 2007) (NTSB Report), https://www.ntsb.gov/investigations/AccidentReports/Reports/RAR0701.pdf . --------------------------------------------------------------------------- NTSB's safety recommendation is consistent with the common-sense proposition that rail transportation of hazardous material is not limited to Class I railroads, and thus the prospect of an accident or emergency is also not limited to those railroads. Class II and III railroads (hereinafter referred to as ``regional and short line railroads'') also transport hazardous material and account for more than one third of freight rail in the United States, covering about 50,000 miles of the 140,000-mile U.S. freight rail network. Further, regional and short line railroads are typically the first and last mile of service, and often serve as the only connection of rural, small town, [[Page 52961]] and tribal areas of the United States to the nationwide network of railroads--similarly, emergency response personnel within those areas are likely to be the only personnel close enough to the incident or accident to respond quickly. Thus, it is vital for authorized federal, state, and local first responders, emergency response officials, and law enforcement personnel in areas served by these railroads to also have access to accurate and real-time train consist information. In this final rule, PHMSA is providing a longer delayed compliance period (two years) for Class II and III railroads in recognition that they may need additional time to develop the necessary systems and procedures to comply with this final rule. Finally, PHMSA is providing clarification in this final rule that the requirement to provide real-time train consist information applies to the railroad operating the train carrying hazardous materials, not the track owner--if the track owner and the railroad operating the train are different entities. For example, if a freight railroad is utilizing a passenger railroad's tracks to move a train carrying hazardous materials, the freight railroad is the entity responsible for complying with the real-time train consist requirements PHMSA is adopting in this final rule. III. Background A. What is train consist information? The train consist generally refers to the contents of a train including the position of locomotives and cars, as well as both non- hazardous and hazardous freight within those cars. Prior to the adoption of this final rule, the HMR defined ``train consist'' in Sec. 171.8 as ``a written record of the contents and location of each rail car \\10\\ in a train.'' In this final rule, PHMSA is adopting the definition of train consist information as proposed in the NPRM: ``Train consist information means hard (printed) copy or electronic record of the position and contents of each hazardous material rail car where the record includes the information required by Sec. 174.26 of this subchapter.'' --------------------------------------------------------------------------- \\10\\ A rail car means a car designed to carry freight or non- passenger personnel by rail, and includes a box car, flat car, gondola car, hopper car, tank car, and occupied caboose. --------------------------------------------------------------------------- B. What was required regarding train consist information prior to this final rule? Prior to publication of this final rule, the HMR at Sec. 174.26(a) required that railroad train crews must have a local paper document that reflects the current position in the train of each rail car containing a hazardous material, and must update it to indicate changes in the placement of a hazardous material rail car within the train.\\11\\ The regulations required the train crew to update the document, and allowed for updates by handwritin","truncated":true,"body_characters":288200}