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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules
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could result in transportation delays or interruptions, PHMSA anticipates that there could be modestly higher GHG
emissions from some combination of 1
transfer of delayed hazardous materials to and from interim storage, 2 return of improperly shipped materials to their point of origin, and 3 re-shipment of returned materials. PHMSA notes that it is unable to quantify such GHG
emissions because of the difficulty in identifying the precise quantity or characteristics of such interim storage or returns/re-shipments. The less demanding holding time documentation requirements for refrigerated hazardous gasses under the current HMR could also result in more frequent venting of GHGs including nitrous oxide, a potent GHG from portable tanks during delays in transportation. PHMSA also submits that, as explained at greater length in Section IV.J., to the extent that there are any delays arising from inconsistencies between the HMR and recently updated international standards, there could also be adverse impacts from the No Action Alternative for minority populations, low-income populations, or other underserved and other disadvantaged communities.
Proposed Action Alternative As explained further in the discussions in each of the No Action Alternative above, the preamble, and the PRIA, PHMSA anticipates the changes proposed under the Proposed Action Alternative will maintain the high safety standards currently achieved under the HMR. Harmonization of the HMR with updated international consensus standards is also expected to capture economic efficiencies gained from avoiding shipping delays and compliance costs associated with having to comply with divergent U.S. and international regulatory regimes for transportation of hazardous materials.
Further, PHMSA expects revision of the HMR as proposed in the NPRM will accommodate safe transportation of emerging technologies in particular lithium battery technologies, and facilitate safe shipment of vaccines and other hazardous materials critical in efforts to combat the COVID19 public health emergency.
PHMSA acknowledges that the Proposed Action Alternative could introduce risks to public safety and the environment from authorization of shipments of hazardous materials pursuant to temporary certificates issued by Transport Canada. As explained in the above discussion of the No Action Alternative, PHMSA
understands that risk to be largely theoretical; PHMSA is unaware of
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evidence that hazardous material incidents have occurred as a result of or under the authority of temporary certificates. Further, PHMSA notes that the suite of other factors including Transport Canadas review process, certificate terms and conditions, and otherwise applicable regulatory requirements of the TDG Regulations and the HMR would mitigate residual risks to public safety and the environment.
PHMSA expects that Proposed Action Alternative could realize modest reductions in GHG emissions. Because PHMSA expects the differences between the HMR and international standards for transportation of hazardous materials could result in delays or interruptions, PHMSA anticipates that the No Action Alternative could result in modestly higher GHG emissions from some combination of 1 transfer of delayed hazardous materials to and from interim storage, 2 return of improperly shipped materials to their point of origin, or 3 re-shipment of returned materials. The Proposed Action Alternative avoids those risks resulting from divergence of the HMR from updated international standards.
PHMSA notes, however, that it is unable to quantify any GHG emissions benefits because of the difficulty in identifying the precise quantity or characteristics of such interim storage or returns/reshipments. PHMSA also noted that the less demanding holding time documentation requirements for refrigerated hazardous gasses under the current HMR could also result in more frequent venting of GHGs including nitrous oxide, a potent GHG from portable tanks during delays in transportation than would occur under the Proposed Action Alternative. Lastly, PHMSA also submits that, as explained at greater length in Section IV.J., the Proposed Action Alternative would avoid any delayed or interrupted shipments arising from the divergence of the HMR from updated international standards under the No Action Alternative that could result in adverse impacts for minority populations, lowincome populations, or other underserved and other disadvantaged communities.
4. Agencies Consulted PHMSA has coordinated with the Federal Aviation Administration, the Federal Motor Carrier Safety Administration, the Federal Railroad Administration, and the U.S. Coast Guard in the development of this proposed rule. PHMSA solicits, and will consider, comments on the NPRMs potential impacts on the human
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environment submitted by members of the public, state and local governments, tribal communities and industry.
5. Proposed Finding of No Significant Impact PHMSA expects the adoption of the Proposed Action Alternatives regulatory amendments will maintain the HMRs current high level of safety for shipments of hazardous materials transported by highway, rail, aircraft, and vessel, and as such finds the HMR
amendments in the NPRM would have no significant impact on the human environment. PHMSA expects that the Proposed Action Alternative will avoid adverse safety, environmental justice, and GHG emissions impacts of the No Action Alternative. Furthermore, based on PHMSAs analysis of these provisions described above, PHMSA
proposes to find that codification and implementation of this rule would not result in a significant impact to the human environment.
PHMSA welcomes any views, data, or information related to environmental impacts that may result from NPRMs proposed requirements, the No Action Alternative, and other viable alternatives and their environmental impacts.
J. Environmental Justice DOT Order 5610.2C Department of Transportation Actions to Address Environmental Justice in Minority Populations and Low-Income Populations and Executive Orders 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,39 13985 Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,40 13990
Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis,41 and 14008
Tackling the Climate Crisis at Home and Abroad 42 require DOT agencies to achieve environmental justice as part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects, including interrelated social and economic effects of their programs, policies, and activities on minority populations, low-income populations, and other underserved and disadvantaged communities.
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FR 7629 Feb. 11, 1994.
FR 7009 Jan. 20, 2021.
41 86 FR 7037 Jan. 20, 2021.
42 86 FR 7619 Feb. 1, 2021.
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