is the fast act still in effect

Section-by-section Review of Proposed Amendments discussion of Section 174.28. Much of this required information is already required of and generally applied to shippers who must then provide the information to carriers ( PHMSA interprets the references in the FAST Act instruction and NTSB safety recommendation R0704 to real-time train consist information to have a dual meaning: (1) that the update of train consist information during transportation should occur at the time changes to the hazardous material on the train are being made, thereby ensuring the accuracy of information; and (2) that the required train consist information is provided to authorized first responders at the time a response to or investigation of an accident, incident, or public health or safety emergency is occuring. 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, OH, 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 trainas 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. Although the final rule will take effect on September 17, 2018, the FAST Acts statutory amendment has been effective for several years. The purpose of this proposed rule is to operate holistically in addressing different issues related to safety and environmental hazards associated with the rail transportation of hazardous materials. Published on 19 Nov 2021 . Over two-and-a-half hours after the collision, another CN employee that had traveled from Jackson, MS (roughly 45 minutes away from the accident) delivered copies of the train consist information for both trainsbut the information he delivered for the southbound train did not accurately reflect the actual makeup of the southbound train at the time of the accident. It appears that you have attempted to comment on this document before The RSAC in turn has assembled a Hazardous Materials Issues Working Group to develop recommendations for changes and updates to the regulations for rail transportation of hazardous material. Each railroad must make such electronic train consist information immediately accessible at all times to its designated emergency point of contact such that they are able to communicate train consist information to Federal, state, and local first responders, emergency response officials, and law enforcement personnel seeking assistance. Register, and does not replace the official print version or the official PHMSA notes that its proposed definition of train consist information would not encompass hazardous material excepted from shipping paper requirements pursuant to 172.200 because of the low risk such transportation generally poses to public safety and the environment. of Fire Chiefs, Doc. 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. Additionally, PHMSA estimates railroads will need to make an initial investment in building a system for electronic sharing of train consist information. Not sure if you've heard, but there's a presidential . (last accessed May 3, 2023). And in achieving that goal, public-private partnerships (P3s) are a proven tool. 553(c), DOT solicits comments from the public to better inform any amendments to the HMR considered in this rulemaking. 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 5%8% (Chuan Tang et al. Under the GLBA, a financial institution must provide each consumer customer with an annual notice of its privacy policies and practices over the course of its relationship with the customer. The no action alternative would not make any changes to the current regulatory requirements that railroads must provide train crews with hard copy train consist information about hazardous material and its location on the train. Section of 7302 of the FAST Act, as amended by the Investment Infrastructure and Jobs Act, directs the Secretary to issue regulations to require Class I railroads[5] 26. Further, PHMSA notes that the benefits of the proposed action are difficult to quantify as it is reliant on the degree to which having real-time access to train consist information improves emergency responders' ability to respond to rail incidents. Supporters of the FAST Act see it as a way to transform an industry, a potential model to take to other states and implement in other states. VERDICT False. 19, 2017) (IAFC Comments). Also included is a new pilot program that would allow up to five states to use their own laws and regulations for environmental review rather than those under the National Environmental Policy Act, which is designed to help projects avoid duplicative requirements in the permitting process. Specifically, a financial institution is not required to provide an annual privacy notice to its customers if: (1) the institution shares nonpublic personal information (NPI) about customers with nonaffiliated third parties only to the extent permitted by exceptions in the GLBA or Regulation P (i.e., the financial institution is not required to provide an opt out for sharing with nonaffiliated third parties), and (2) the financial institution has not changed its policies and practices with respect to disclosing NPI from those described in the most recent privacy notice sent to customers. Department of Transportation Actions to Address Environmental Justice in Minority Populations and Low-Income Populations) establishes departmental procedures for effectuating Executive Order 12898 promoting the principles of environmental justice through full consideration of environmental justice principles throughout planning and decision-making processes in the development of programs, policies, and activitiesincluding PHMSA rulemaking. As noted above, the FAST Act can come before the legislature again and if it does, there are only a few additional votes needed to move it forward. 2 comments have been received at regulations.gov, across 1 docket. Fax: As discussed in the DEA above and given that the purpose of the rule is to address safety and environmental impacts of potential future hazardous materials rail transportation incidents, PHMSA proposes to find that this proposed action will have no significant impact on the environment. 35. there is a premium on having a common understanding of the hazardous material on the train as coordinated response efforts commence. 7. in a train. www.regulations.gov, Please see Section III. A copy of the PRIA is available for review in the rulemaking docket. There would be no additional requirements for railroads to generate, maintain, and provide in electronic form, information regarding hazardous material to first responders, emergency response officials, and law enforcement personnel or to forward this information to emergency response personnel in accident or incident situations. 4321 2. See When emergency responders arrived on the accident scene within a half-hour of the collision, it was dark; the fire was intense, and heavy black smoke prevented visual identification of all the hazardous material tank cars in the PHMSA expects that railroads will not approach their push notification requirement as a check-the-box exercise whereby their regulatory obligation is discharged when they send an email or leave a voicemail with emergency response personnel. This information is not part of the official Federal Register document. (d) What Is the USA Freedom Act? To the extent that the AskRail system (or any alternative platform used in complying with the NPRM's proposed requirements) may lack certain information ( As explained in the PRIA, this rulemaking is not expected to impose unfunded mandates under the UMRA. 4. (5) The design, manufacture, fabrication, inspection, marking, maintenance, recondition, repair, or testing of a packaging or container represented, marked, certified, or sold as qualified for use in transporting hazardous materials in commerce. 114-94) into lawthe first federal law in over a decade to provide long-term funding certainty for surface transportation infrastructure planning and investment. The bill would define the characteristics of a fast food restaurant, including that the establishment be part of a set of fast food restaurants consisting of 30 or more establishments nationally that share a common brand, or that are characterized by standardized options for decor, marketing, packaging, products and services. This prototype edition of the The Regulatory Flexibility Act (5 U.S.C. About 15,000 gallons of diesel fuel were released from the locomotives and resulted in a fire that ended up burning for roughly 15 hours. 17. Start Printed Page 41559 The Surface Transportation Board categorizes rail carriers into Class I, Class II, and Class III based on carrier's annual revenues. (b) PHMSA, therefore, proposes to replace the term train consist with the term train consist information at 171.8, to mean a record of information (as required by 174.26) of the position and content(s) of hazardous materials rail cars of a train. As illustrated by the Norfolk Southern train derailment incident at East Palestine, OH, such accidents can have substantial impacts that are not captured by this preliminary regulatory impact analysis (PRIA)including the long-term environmental concerns and health risks (both physiological and psychological) for local residents. in the cloud) compilation and maintenance of an electronic copy of train consist information that is synced in real-time with the hard (printed) copy of that information maintained by train crews per 174.26 promotes the accuracy of both electronic and hard (printed) copy versions of that information, each of which can be checked against the other. Importantly, an amendment to the Act permits the Council to raise the minimum wage up to $22 per hour in 2023 and allows the Council to increase the minimum wage based on cost of living thereafter. informational resource until the Administrative Committee of the Federal 27. But in the meantime, it has taken a few small steps toward allowing states and localities to engage the private sector to help creatively build and improve our nations roads, bridges, railways and more. The FAST Act does give states the authority to use other federal grant funds to pay for the TIFIA subsidy (essentially allowing projects in the state to use TIFIAs financing provisions without tapping into the amounts specifically allocated for TIFIA), but it is unclear whether any state would choose to use grant funds for that purpose. And although provisions elsewhere in the HMR governing emergency response (specifically, part 172, subpart G) contemplate that train crews will need to have, or have immediate access to, more fulsome information (regarding hazardous material technical name, emergency response information, emergency response telephone numbers, etc. As illustrated by the Norfolk Southern train derailment at East Palestine, OH, such incidents can have substantial consequences that are not captured by this regulatory impact analysis, including the long-term environmental concerns and health risks (both physiological and psychological) for residents. Lastly, electronic train consist information can also facilitate investigation efforts in parallel with emergency response efforts, thereby allowing more timely identification and remediation of systemic issues across the industry, as well as helping to assure affected communities of the adequacy of response efforts. By reducing project delivery time and delays, these provisions could make private investors more comfortable with investing in U.S. projects. Based on lessons learned from major hazardous material incidents on rail, PHMSA anticipates the proposed action would improve emergency responders' ability to promptly identify all the hazardous materials cars and hazardous material contained therein that are involved in an accident or investigation and to timely assess the threat from a hazardous materials release. PHMSA expects that maintaining electronic train consist information away from the train, and which is updated in real-time as a train's hazardous contents change, address many of those shortcomings from reliance solely on hard copies of that information. Some railroads may also opt to reduce the risk of human error by employing automatic means of updating the electronic train consist information. This severely limits one of the most cost effective tools for building infrastructure projects. The accident ultimately resulted in ca. RRD23MR005, Norfolk Southern Railway Train Derailment with Subsequent Hazardous Material Release and FiresEast Palestine, OHFeb. ,[50] . Voluntary consensus standards are technical standards The cornerstone of the Act is the creation of a Fast Food Council whose purpose is to evaluate the adequacy of current laws and protections for Fast Food Restaurant employees and establish minimum wages, working hours, and other health and safety conditions The Council is structured to consist of up to 10 members representing one representative from the Department of Industrial Relations; two representatives of Fast Food restaurant franchisors; two representatives of Fast Food restaurant franchisees; two representatives of Fast Food restaurant employees; two representatives of advocates for Fast Food restaurant employees; and one representative from the Governors Office of Business and Economic Development. However, as with the significant changes inspired by the Fight for $15 movement, the Act likely will directly or indirectly impact all restaurants in California, and possibly beyond. 44. PHMSA seeks comment on whether the average cost figures presented in this analysis represent an accurate accounting of the distribution of costs across Class III railroads. PHMSA, Notice ID No. 41. Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. specification of materials, test methods, or performance requirementsthat are developed or adopted by voluntary consensus standard bodies. 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. This definition would capture not only the typical fast food restaurant, but, unless systems implement operational changes, many fast casual restaurants. The IWC was established to regulate wages, hours, and working conditions in different industries in California. . (171.15). However, representatives from industry asserted that some information required by the FAST Act (specifically, origin and destination information) may not be relevant in an emergency response situation and did not see a need to include these data in AskRail entries; similarly, industry representatives also asserted that there was limited safety value in emergency response personnel having real-time electronic train consist information unless there had actually been an accident or incident. all This would likely reduce injuries and fatalities, material loss and response costs, and delays caused by closures. 2461 note); 49 CFR 1.81 and 1.97. Prior to the COVID-19 pandemic, the organizers efforts to unionize restaurants were largely unsuccessful. Highlights Bus and Bus Facilities (b) The train crew must update the train consist information to reflect any changes in the train consist information occurring at intermediate stops prior to continued movement of the train. PHMSA analyzed this propose rulemaking in accordance with the principles and criteria contained in Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments)[46] And, as discussed above in Sections III.F.G., PHMSA understands that industry may already have tools (including the AskRail system) that could be employed for this purpose without material modificationor could develop new platforms for this purpose. Issued in Washington, DC on June 21, 2023 under authority delegated in 49 CFR part 1.97. Additionally, remotely-maintained, electronic train consist information promises earlier coordination of emergency response efforts; emergency response personnel commuting to an incident site from various jurisdictions may be able to access electronic train consist information (as well as pertinent training and immediate actions) en route, saving precious time in identifying immediate actions and coordinating response efforts. 6. Train crews are also obliged by 174.26(b) to maintain a hard copy of certain emergency response information specified in part 172, subpart G, as well as other shipping paper information specified in part 172, subpart C. As discussed in Section II.B above, section 7302 of the FAST Act directs (consistent with NTSB safety recommendation R0704), that PHMSA require railroads to (in real-time) generate, maintain, update, and share with emergency response personnel, certain real-time train consist information in electronic form. States are required to develop state freight plans to govern immediate and long-term investments and are encouraged to create state freight advisory committees. a software application or electronic data interchange), that electronic train consist information to authorized Federal, state, and local first responders, emergency response officials, and law enforcement personnel along the train route that 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 such that the information is immediately available for use at the time it is needed. Designates a National Strategy for Freight. The train crew . PHMSA acknowledges that the precise statutory language employed in section 7302(a)(5) FAST Act (security-sensitive information) differs slightly from the language (Sensitive Security Information) employed in the Transportation Security Administration directive referenced below and in regulation at 49 CFR parts 15 and 1520. Developing regulations necessary to implement the FAST Act. 36. The first CN official arrived at the scene an hour after the collision and told emergency responders that he did not have any train consist information documentation or knowledge about the hazardous materials on either train. . In accordance with these requirements, an EA must briefly discuss: (1) the need for the action; (2) the alternatives considered; (3) the environmental impacts of the proposed action and alternatives; and (4) a listing of the agencies and persons consulted. With the enactment of the FAST Act, states and local governments are now moving forward with critical transportation projects with the confidence that they will have a federal partner over the long term. Legal challenges based on state or federal constitutional theories of separation of powers and equal protection also may be forthcoming. PHMSA understands these considerations address any potential alteration in cybersecurity risks profiles due to this NPRM's proposed information-sharing requirements. PYHMSA20160015 (HM263): FAST Act Requirements for Real Time Train Consist Information by Rail 34 (Apr. What is currently required regarding train consist information? railroads 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 first responders, emergency response officials, and law enforcement personnel at all times upon request. the material on FederalRegister.gov is accurately displayed, consistent with The Speaker of the Assembly appoints the representative of fast food restaurant franchisors, one representative of fast food restaurant employees, and one representative of an advocate for fast food restaurant employees. Their respective comments also highlighted potential implementation challenges (pertaining to cost, gaps in internet connectivity) associated with use of portable, handheld AEI readers, as well as the existing gaps in coverage for installed, trackside AEI readers. As discussed in Section III.B. The Bureau appears to be modeled in the same vein as the Build America Transportation Investment Center, launched in September 2015, but is now authorized in statute to safeguard its future. Start Printed Page 41545 IAFC also submitted comments strongly arguing for forwarding of electronic train consist information in the event of an accident or incident, noting that the AskRail system couldwhen supplemented by existing hard copy documentation requirementsserve that purpose.[27]. On December 4, 2015, President Obama signed the Fixing Americas Surface Transportation (FAST) Act (Pub. 24. The RSAC is a Federal advisory committee established by FRA and is governed by the process and transparency requirements of the Federal Advisory Committee Act (Pub. PHMSA understands that not all Class II and III railroads transport hazardous materials yet is estimating using a conservative assumption that all railroads may at some point transport hazardous material. PHMSA also issued an ANPRM soliciting stakeholder input on the contents of this rulemaking. The train crew must also have a copy of a document showing the information required on shipping papers, including applicable emergency response information. visible hazard signage and markings on the rail cars. Emergency Response Information Sharing Requirements: DOT's complete Privacy Act Statement is available in the Assn. This is based on the analysis presented in the ANPRM, NPRM, supporting documents, and this DEA. Additionally, of the 140,000 total route-miles of track in the United States, 104,000 miles are in rural and tribal areas, suggesting that train related hazardous material incidents mainly happen in areas populated by disadvantaged communities. to an accident or incidentand pushed promptly following initiation of an accident or incident to emergency response personnel needing that information to identify potential hazardous material threats and take appropriate measures and commence investigation activities. industry have historically understood to refer to the hard (printed) copy documentation maintained and updated by train crews pursuant to 174.26(a). 3. Pipeline and Hazardous Materials Safety Administration, https://www.regulations.gov/commenton/PHMSA-2016-0015-0013, U.S. DOT/PHMSA - Letter to Scott Pattison 3-8-17, Hazardous Materials Train Consist Information, Notification of Hazardous Materials Accidents or Incidents, 3. Relevant information about this document from Regulations.gov provides additional context. In accordance with 5 U.S.C. In addition to the FAST Act mandate, the Federal Hazardous Materials Transportation Act (HMTA; 49 U.S.C. 2. Include the agency name and docket number PHMSA20160015 (HM263) or RIN 2137AF21 for this rulemaking at the beginning of your comment. The amendments proposed herein respond to a mandate in section 7302 of The Fixing America's Surface Transportation Act (FAST Act, Pub. L. No. Although many of the questions posed by PHMSA and written comments received from stakeholders were focused on implementation mechanics specific to fusion centers, a number of entities submitted comments speaking to other implementation dimensions of the FAST Act mandate. 31. Also at 40 CFR parts 1501 through 1508. And at its core, this proposed requirement is performance-based: in scrutinizing compliance with this requirement, PHMSA will therefore focus on (1) before an accident or incident, ensuring that railroads have adopted protocols and resources providing a high degree of confidence that the push notifications will succeed in promptly placing train consist information in the hands of state-authorized local first responders needing it; and (2) after an accident or incident occurs, that those notifications did in fact reach those personnel in a timely manner. PHMSA estimated the annual damage cost of hazardous material incidents on rail that could be impacted by the proposed action to be about $15.6 million in 2021 dollars. The IWC published 17 Wage Orders for varying industries, which are viewed as regulations under California law. Agencies review all submissions and may choose to redact, or withhold, certain submissions (or portions thereof). Executive Order 14082 (Improving the Nation's Cybersecurity)[52] This latter element in turn means that the required electronic train consist information should be provided to and is accessible to authorized personnel 2007) (NTSB Report), DOTSPs 20954, 21059, 21110, 21266, and 21323 are active while DOTSP 21053 is active under pending renewal, along with several party-to applications, and DOTSP 21046 expired by its terms. If the Act takes effect, franchisors should consider system-wide changes that might make it less likely they will be found to meet the Acts broad definition of Fast Food Restaurant. For those franchised restaurants subject to the Act, franchisors and franchisees should consider operational changes designed to offset increased operating costs. et seq. Only after being able to determine which hazardous materials were being conveyed on the train was it safe for emergency responders to begin moving cars and applying aqueous film forming foam to suppress the fires at the site. A Potpourri of Recent Developments Affecting Franchising, Californias FAST Act Puts Franchising, Restaurants And Employees On Fast Track To Trouble, A Glimmer Of Light And A Bit Of Darkness Over The Application Of The ABC Test To Franchising, Successfully Marketing Your Franchise Opportunity, The 10 Most Attractive Countries For Franchising In 2019. 10 Things You Need To Know About the FAST Act, Fixing Americas Surface Transportation (FAST) Act, Pennsylvania Rapid Bridge Replacement program, Public-Private Partnership (P3) Model State Legislation, Local Political Uncertainty Hampers Infrastructure Development. Counties or cities with populations greater than 200,000 also can establish their own independent Local Fast Food Council. Importantly, the Local Councils cannot create standards, but may only provide written recommendations to the Council regarding state health, safety, and employment standards that they believe are reasonably necessary. The limitation that Local Councils make recommendations relating to state standards and not local conditions was an Aug. 25 amendment meant to ensure uniform standards across the state and avoid issues that may arise from rule variation by locality. The fusion center framework was subsequently abandoned in amendments to the FAST Act by the Investment Infrastructure and Jobs Act. According to published reports, if California implements such a council structure for fast food workers, it would be a unique arrangement within the industry. Annual Increase in Salary Cost: PHMSA notes that the 10-mile notification radius in 174.28(b) is a default, minimum valueas circumstances ( There also was a limited release of hazardous materials from venting tank cars; however, that did not contribute to the severity of the accident. See, e.g., PHMSA notes that this proposed approach ensures that implementation of the FAST Act's requirements regarding the content and form of real-time train consist information will be performed in a manner that builds onrather than disruptsrailroad compliance strategies with existing HMR requirements. The likely cost of a referendum campaign for proponents and opponents combined is upwards of $200 million. origin-destination information), functionalities (in particular, the ability for railroads to forward information to pertinent emergency response personnel in the event of an emergency) or liberal access requirements, PHMSA expects that such systems could be designed or modified and railroads could proactively engage the response community to address those concerns. 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. However, consistent with the broader language within an NTSB safety recommendation following the 2005 collision of two freight trains near Anding, MS, PHMSA proposes extending the NPRM's proposed requirements to all railroads in light of the risks to public safety and the environment from delay in responding to releases from even smaller, Class II and III railroads on which hazardous materials are transported.
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