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DOT/PHMSA RIN: 2137-AF08 Publication ID: Fall 2014 
Title:+Hazardous Materials: Oil Spill Response Plans for High-Hazard Flammable Trains 

In this rulemaking, PHMSA is seeking comment on revisions to the Hazardous Materials Regulations (HMR) applicable to the transportation of oil by rail. Currently, the majority of the rail community transporting oil, including crude oil transported as a hazardous material, is subject to the basic oil spill response plan requirement of 49 CFR 130.31(a) based on the understanding that most rail tank cars being used to transport crude oil have a capacity greater than 3,500 gallons. However, a comprehensive response plan for the shipment of oil is only required when the oil is in a quantity greater than 42,000 gallons per package. Tank cars of this size are not used to transport oil by rail. As a result, the railroads do not file a comprehensive oil response plan. Based on this difference and the recent occurrence of high-profile accidents involving crude oil, the National Transportation Safety Board (NTSB) has recommended in Safety Recommendation R-14-5 that the Department and PHMSA reconsider the threshold quantity for requiring the development of a comprehensive response plan for the shipment of oil. In response to the NTSB Safety Recommendation R-14-5 and significant interest from congressional stakeholders, environmental groups, and the general public, PHMSA is seeking specific comment on revisions to the oil spill response plan requirements in 49 CFR part 130, including threshold quantities.

Agency: Department of Transportation(DOT)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 49 CFR 130    49 CFR 174   
Legal Authority: 49 USC 5101 et seq   
Legal Deadline:  None
Action Date FR Cite
ANPRM  08/01/2014  79 FR 45079   
ANPRM Comment Period End  09/30/2014 
NPRM  08/00/2015 
Additional Information: DOT Docket No.: PHMSA-2014-0105 (HM-251B)
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Related RINs: Related to 2137-AE91, Related to 2137-AF07  Related Agencies: Common: DOT/FRA; 
Agency Contact:
Robert Benedict
Transportation Regulations Specialist
Department of Transportation
Pipeline and Hazardous Materials Safety Administration
1200 New Jersey Ave. SE,
Washington, DC 20590
Phone:202 366-8553