DOT Responds to HHFT Appeals

PHMSA 11-18 response to HFFT appeals.pdf

On November 18, 2015 (80 FR 71952), the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of response to appeals in the federal register concerning a final rule published on May 8, 2015 (HM–251, 80 FR 26644), in coordination with the Federal Railroad Administration (FRA), entitled “Hazardous Materials: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains (HFFT),” which adopted requirements (49 CFR Parts 171 – 179) designed to reduce the consequences and, in some instances, reduce the probability of accidents involving trains transporting large quantities of Class 3 flammable liquids. The Hazardous Materials Regulations provide a person the opportunity to appeal a PHMSA action, including a final rule. PHMSA received six (6) appeals regarding the May 8, 2015 final rule, one of which was withdrawn. This federal register notice summarizes and responds to the five (5) remaining appeals submitted by the Dangerous Goods Advisory Council (DGAC), American Chemistry Council (ACC), Association of American Railroads (AAR), American Fuel & Petrochemical Manufacturers (AFPM), and jointly the Umatilla, Yakama, Warm Springs, and Nez Perce tribes (Columbia River Treaty Tribes) and the Quinault Indian Nation (Northwest Treaty Tribes).