[Federal Register Volume 79, Number 50 (Friday, March 14, 2014)]
[Proposed Rules]
[Pages 14465-14466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05646]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 173, 178, and 180
[Docket Number PHMSA-2010-0019 (HM-241)]
RIN 2137-AE58
Hazardous Materials: Adoption of ASME Code Section XII and the
National Board Inspection Code
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice of proposed rulemaking; extension of comment period.
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SUMMARY: PHMSA is notifying the public of our intent to extend the
[[Page 14466]]
comment period by thirty days for a notice of proposed rulemaking
published on December 30, 2013.
DATES: The comment period for the NPRM published in the Federal
Register on December 30, 2013 (78 FR 79363) is extended until April 30,
2014. To the extent possible, PHMSA will consider late-filed comments.
ADDRESSES: You may submit comments identified by the docket number
(PHMSA-2010-0019; HM-241) by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Fax: 1-202-493-2251.
Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
Instructions: All submissions must include the agency name and
docket number for this notice at the beginning of the comment. Note
that all comments received will be posted without change to the docket
management system, including any personal information provided.
Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov, or DOT's Docket
Operations Office (see ADDRESSES). To access ASME's Boiler and Pressure
Vessel Code, Section XII (Section XII) go to: https://shop.asme.org/PublicReview/. To access the National Board Inspection Code (NBIC),
Part 2, Supplement 6: Continued Service and Inspection of DOT Transport
Tanks, and Part 3, Supplement 6: Repair, Alteration, and Modification
of DOT Transport Tanks go to: https://www.nationalboard.org/SiteDocuments/NBIC/DOT_NBIC_supplements.pdf.
Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (Volume 65, Number 70;
Pages 19477-78) or you may visit http://www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Lisa O'Donnell, Hazardous Materials
Standards and Rulemaking Division, (202) 366-8553, or Stanley
Staniszewski, Engineering and Research Division, (202) 366-4492, Office
of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590.
I. Background
On December 30, 2013, PHMSA (also ``we'' or ``us'') published a
notice of proposed rulemaking (78 FR 79363) seeking comments on our
proposal to amend the Hazardous Materials Regulations (HMR; 49 CFR
parts 171-180) in response to petitions submitted by industry
representatives to incorporate Section XII and the 2013 edition of the
National Board Inspection Code (NBIC) as alternatives to Section VIII,
Division 1 and the current HMR requirements in part 178, for the design
of cryogenic portable tanks and Cargo Tank Motor Vehicles (CTMVs), part
179 for the design of ton tanks, and part 180 for the continuing
qualification and maintenance of CTMVs, cryogenic portable tanks, and
ton tanks. Section XII sets forth standards for construction \1\ and
continued service \2\ of pressure vessels for transporting hazardous
materials by highway, rail, air or water with internal pressures
ranging from 0 to 207 bar (full vacuum to 3,000 psig) and volumes
greater than 450L (120 gallons). The 2013 edition of the NBIC provides
rules and guidelines for installing, inspecting, repairing and altering
boilers, pressure vessels and pressure relief devices. The NPRM
published on December 30, 2013 announced a comment due date of March
31, 2014.
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\1\ ``Construction'' is an all-inclusive term comprising
materials, design, fabrication, examination, inspection, testing,
certification, and over-pressure protection.
\2\ ``Continued service'' is an all-inclusive term referring to
inspection, testing, repair, alteration, and recertification of a
transport tank that has been in service.
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II. Extension of Comment Period
We received a request to extend the comment period by six months
from the Tank Truck Manufacturer's Association (TTMA). TTMA is
requesting this extension so that they will have sufficient time to
fully evaluate the cost and benefits associated with the proposals in
the NPRM. TTMA asserts that based on the complexity of the proposals in
the NPRM, extensive research and significant effort will be needed to
adequately respond with an official comment. Furthermore, TTMA believe
there is potential for substantial economic impact and the comment
extension will allow for sufficient review of the proposals. The
extension will also provide TTMA and its members the opportunity to
compose valuable and comprehensive comments.
Due to PHMSA's desire to collect meaningful input from affected
stakeholders, PHMSA is consenting to the commenter's request to extend
the comment period to ensure sufficient time for public review.
However, we do not believe a six month extension is warranted.
Accordingly, in the interest of moving this rulemaking forward in a
timely manner, PHMSA is extending the comment period by 30 days to
April 30, 2014. PHMSA is confident that the 30-day extension will allow
stakeholders sufficient time to conduct a more thorough review.
Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://www.dot.gov/privacy.
Issued in Washington, DC, on March 11, 2014, under authority
delegated in 49 CFR 1.97(b).
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2014-05646 Filed 3-13-14; 8:45 am]
BILLING CODE 4910-60-P