[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Proposed Rules]
[Pages 83190-83195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27911]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 172
[Docket No. PHMSA-2016-0079 (HM-213E)]
RIN 2137-AF25
Hazardous Materials: PIPES Act Requirements for Identification
Numbers on Cargo Tanks Containing Petroleum Based Fuel
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Advance notice of proposed rulemaking (ANPRM).
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SUMMARY: PHMSA is publishing this advance notice of proposed rulemaking
(ANPRM) in response to the Protecting our Infrastructure of Pipelines
and Enhancing Safety (PIPES) Act of 2016, which reauthorizes the
pipeline safety program and requires a number of reports and mandates.
The PIPES Act requires PHMSA to take regulatory actions to establish
minimum safety standards for underground natural gas storage
facilities; to update the minimum safety standards for permanent, small
scale liquefied natural gas pipeline facilities; and to publish an
ANPRM to address a petition for rulemaking proposing hazardous
materials regulations related to the marking of identification numbers
on cargo tanks. This ANPRM specifically addresses the PIPES Act
requirement applicable to the petition for rulemaking related to the
marking of identification numbers on cargo tanks. PHMSA will consider
the comments, data, and information received in any future action
related to the petition.
DATES: Comments must be received by February 21, 2017.
ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2016-0079 (HM-213E) through 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 Management System, U.S. Department of
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, Ground Floor, Room W12-140 in the West Building, 1200
New Jersey Avenue SE., Washington, DC 20590,
[[Page 83191]]
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 (PHMSA-2016-0079) or RIN (2137-AF25) 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. If sent by mail, comments must be
submitted in duplicate. Persons wishing to receive confirmation of
receipt of their comments must include a self-addressed stamped
postcard.
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).
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 [45 FR 19477] or you
may visit http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Steven Andrews, (202) 366-8553, Office
of Hazardous Materials Standards, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Objective of This ANPRM
III. Petitions Being Addressed (P-1667 and P-1668)
IV. Background Information
A. Rulemakings
B. Letters of Interpretation
V. Comments and Questions
A. General Questions
B. Safety Questions
C. Policy Analysis Questions
VI. Regulatory Analysis
A. Executive Order 12866, Executive Order 13563, and DOT
Regulatory Policies and Procedures
B. Executive Order 13132
C. Executive Order 13175
D. Regulatory Flexibility Act, Executive Order 13272, and DOT
Policies and Procedures
E. Paperwork Reduction Act
F. National Environmental Policy Act
G. Privacy Act
H. Executive Order 13609 and International Trade Analysis
I. Statutory/Legal Authority for This Rulemaking
J. Regulation Identifier Number (RIN)
I. Executive Summary
On November 12, 2015, PHMSA received a petition for rulemaking from
the Commercial Vehicle Safety Alliance (CVSA) proposing amendments to
the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180)
applicable to the marking of cargo tanks transporting petroleum
distillates. In an acknowledgment letter dated November 10, 2015, PHMSA
assigned the CVSA petition to Petition Number P-1667 \1\ (P-1667 or the
petition; Docket No: PHMSA-2015-0219). Subsequently, on November 24,
2015, PHMSA received another petition for rulemaking from the American
Trucking Association (ATA) proposing amendments to the HMR; this
petition is also applicable to the marking of cargo tanks transporting
petroleum distillates. In an acknowledgement letter dated November 25,
2015, PHMSA assigned the ATA petition to Petition Number P-1668 \2\ (P-
1668 or the petition; Docket No: PHMSA-2015-0251).
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\1\ See P-1667 docket at the following URL: https://www.regulations.gov/docket?D=PHMSA-2015-0219.
\2\ See P-1668 docket at the following URL: https://www.regulations.gov/docket?D=PHMSA-2015-0251.
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In this ANPRM, PHMSA outlines issues raised by these two petitions
and discusses the background relevant to the marking of cargo tanks
containing petroleum distillates. PHMSA further poses a series of
questions and solicits public comment to determine the best practice
for addressing the issues outlined in these two petitions.
II. Objective of This ANPRM
Federal hazardous materials transportation law (49 U.S.C. 5101 et
seq.) authorizes the Secretary of Transportation to ``prescribe
regulations for the safe transportation, including security, of
hazardous materials in intrastate, interstate, and foreign commerce.''
See 49 U.S.C. 5103(b)(1). The Secretary has delegated this authority to
PHMSA in 49 CFR 1.97(b). The HMR are designed to achieve three primary
goals:
(1) To help ensure that hazardous materials are packaged and
handled safely and securely during transportation;
(2) to provide effective communication to transportation workers
and emergency responders of the hazards of the materials being
transported; and
(3) to minimize the consequences of an incident should one occur.
The hazardous material regulatory system is a risk management
system that is prevention-oriented and focused on identifying a safety
or security hazard and reducing the probability and quantity of a
hazardous material release.
Under the HMR, hazardous materials are categorized into hazard
classes and packing groups based on analysis of and experience with the
risks they present during transportation. The HMR do the following:
(1) Specify appropriate packaging and handling requirements for
hazardous materials based on this classification, and require a shipper
to communicate the material's hazards through the use of shipping
papers, package marking and labeling, and vehicle placarding;
(2) require shippers to provide emergency response information
applicable to the specific hazard or hazards of the material being
transported; and
(3) mandate training requirements for persons who prepare hazardous
materials for shipment or transport hazardous materials in commerce.
The HMR also include operational requirements applicable to each
mode of transportation.
The Administrative Procedure Act (APA), 5 U.S.C. 551 et seq.,
requires Federal agencies to give interested persons the right to
petition an agency to issue, amend, or repeal a rule. See 5 U.S.C.
553(e). In accordance with PHMSA's rulemaking procedure regulations in
49 CFR part 106, interested persons may ask PHMSA to add, amend, or
repeal a regulation by filing a petition for rulemaking along with
information and arguments that support the requested action. See 49 CFR
106.95. The issues being considered under this ANPRM are derived
specifically from petitions submitted to PHMSA by CVSA and ATA
regarding the marking of cargo tanks transporting distillate fuels.
On June 22, 2016, President Barack Obama signed the Protecting our
Infrastructure of Pipelines and Enhancing Safety (PIPES) Act, which in
part requires PHMSA to publish an ANPRM to address P-1667 related to
the marking of identification numbers on cargo tanks. See Public Law
114-183. Section 15 of the PIPES Act reads as follows:
EC. 15. HAZARDOUS MATERIALS IDENTIFICATION NUMBERS.
Not later than 90 days after the date of enactment of this Act,
the Secretary of Transportation shall issue an advanced notice of
proposed rulemaking to take public comment on the petition for
rulemaking dated October 28, 2015, titled ``Corrections to Title 49
CFR 172.336 Identification numbers; special provisions'' (P-1667).
[[Page 83192]]
As mandated by section 15 of the PIPES Act, the objective of this
ANPRM is to solicit comments on P-1667. It further solicits comments on
the related petition for rulemaking, P-1668.
III. Petitions Being Addressed (P-1667 and P-1668)
Through P-1667 and P-1668, the CVSA and ATA, respectively, asked
PHMSA to revise Sec. 172.336(c) of the HMR. In P-1667, CVSA proposed
that PHMSA reinstate language that existed in Sec. 172.336(c)(4) and
(5) prior to the publication of the HM-219 final rule [78 FR 14702] on
March 7, 2013. Prior to HM-219, the paragraphs in Sec. 172.336(c)(4)
and (5) read as follows:
(4) For each of the different liquid petroleum distillate fuels,
including gasoline, in a compartmented cargo tank or tank car, if
the identification number is displayed for the distillate fuel
having the lowest flash point. After October 1, 2000, if a
compartmented cargo tank or tank car contains such fuels together
with a gasoline and alcohol fuel blend containing more than ten
percent ethanol, the identification number ``3475'' or ``1987'' must
also be displayed as appropriate in addition to the identification
number for the liquid petroleum distillate fuel having the lowest
flash point.
(5) For each of the different liquid petroleum distillate fuels,
including gasoline transported in a cargo tank, if the
identification number is displayed for the liquid petroleum
distillate fuel having the lowest flash point.
CVSA indicated in its petition that the current regulations, as
revised by the HM-219 final rule, are inconsistent with the previous
requirements. CVSA further noted that the table in Sec. 172.336 has
created confusion and lack of uniformity for industry, enforcement, and
first responders in regard to the display of identification numbers on
multi-compartmented cargo tanks containing different petroleum
distillate fuels.
In P-1668, ATA proposed removing the requirement to display the
identification number of the petroleum distillate with the lowest
flashpoint, in addition to the identification number for the fuel blend
as ``3475'' or ``1987,'' on a multi-compartmented cargo tank carrying
an alcohol fuel blend with more than 10 percent ethanol. ATA further
noted that its comments to the HM-218D final rule [73 FR 4699] that was
published on January 28, 2008, suggested a uniform marking for all
gasoline and gasoline/alcohol fuel blends, as well as an update to the
Emergency Response Guide (ERG) requiring alcohol-resistant foam for all
releases. ATA noted that PHMSA disagreed with this statement at the
time because ``the new shipping description for gasoline/ethanol fuel
blends would enhance emergency responders'' ability to respond
effectively to incidents involving these materials.
ATA identified several variations between Guide 127 and 128 in the
ERG, used in the event of an unintentional release by emergency
responders. The fuel blend identification numbers UN 1987 and 3475 are
attributed to Guide 127 and Guide 128 as appropriate for several liquid
petroleum distillates including UN 1203, 1270, and 1993. As noted by
ATA, Guides 127 and 128 differ in the use of ``alcohol-resistant foam''
versus ``regular foam'' in the event of small and large fires. PHMSA
has indicated that alcohol-resistant foam is necessary for emergency
response involving polar/water-miscible flammable liquids, such as
ethanol and gasoline fuel blends. In its petition, ATA reiterated the
National Tank Truck Carriers' (NTTC) comments to HM-218D, suggesting
that rather than displaying the identification number of the petroleum
distillate and the alcohol/ethanol fuel blend, PHMSA should instead
require the use of alcohol-resistant foam for both fuels in emergency
response situations. Furthermore, ATA cited that emergency responders
currently use alcohol-resistant foam to treat both types of fuel in the
event of an unintentional release, recognizing that the identification
number marking for fuel blends with greater than 10 percent ethanol is
not needed for emergency response purposes.
IV. Background
A. Rulemakings
The rulemaking history pertaining to the marking of cargo tanks
containing fuel oil and petroleum distillates, as applicable to P-1667,
is complex. On June 6, 1979, the Research and Special Programs
Administration (RSPA), PHMSA's predecessor agency, published a notice
of proposed rulemaking (NPRM) (HM-126A) associated with the use of
identification numbers on packages. See 44 FR 32972. In the NPRM, RSPA
proposed to require that an identification number be displayed on
orange panels affixed to portable tanks, cargo tanks, and tank cars.
RSPA proposed a set of standards in Sec. 172.328 that would require
cargo tanks to be marked on each side with the identification numbers
specified for the material in the Hazardous Materials Table (HMT),
which is found in Sec. 172.101. RSPA further proposed to add Sec.
172.328(e) stating that a cargo tank marked with the identification
number or name of a specific hazardous material may not be used to
transport any other material unless the marking is removed or changed
to identify the hazardous material the cargo tank contains.
RSPA received numerous comments to the HM-126A NPRM expressing
concern that the identification number requirements for cargo tanks
proposed and codified in Sec. 172.328(e) would limit a carrier's
ability to transport fuel oils and distillate fuels in multi-
compartmented cargo tanks and tank cars. As a result, in May 22, 1980,
RSPA published a final rule titled, ``Identification Numbers, Hazardous
Substances, International Descriptions, Improved Descriptions,
Forbidden Materials, and Organic Peroxides,'' which amended the HMR and
codified language in Sec. 172.336(c)(3) stating that identification
markings are not required for different distillate fuels in the same
cargo tank or tank car, if the identification number is displayed for
the distillate fuel having the lowest flash point. See 45 FR 34560.
The May 22, 1980 final rule generated a number of appeals. On
November 10, 1980 [45 FR 74640], RSPA published a response to appeals
to the May 22, 1980 final rule. In the response, RSPA noted that the
provisions for allowing cargo tanks and multi-compartment cargo tanks
to only display the identification number of the distillate fuel with
lowest flash point were intended to eliminate the need for continuous
changes in identification numbers for operations where gasoline and
fuel oil are transported in the same cargo tank for different trips
that occur on the same day. However, in response to these appeals, RSPA
revised the HMR. To address compartmented cargo tanks, RSPA moved
regulatory text initially found in Sec. 172.336 from paragraph (c)(3)
to (c)(4); and to address cargo tanks and tank cars, RSPA moved
regulatory text initially found in Sec. 172.336(c)(3) to (c)(5). These
two provisions allowed for the display of the identification number of
the liquid distillate fuel having the lowest flash point carried in a
cargo tank; however, as noted above, RSPA intended for this exception
to be allowed for different trips that occurred on the same day.
In an April 20, 1987 final rule (HM-166) [52 FR 13034], RSPA
revised the HMR and added the term ``Gasohol'' to Sec. 172.336(c)(4)
and (5). This term accounted for new formulations of gasoline mixed
with ethyl alcohol (i.e., ethanol) shipped under Sec. 172.336 of the
HMR.
In a January 28, 2008 final rule (HM-218D) [73 FR 4699], PHMSA
revised the HMR and added ``UN 3475, Ethanol and
[[Page 83193]]
gasoline mixture or Ethanol and motor spirit or Ethanol and petrol
mixture, with more than 10% ethanol'' to the HMT to address gasoline
and ethanol mixtures such as E85.\3\ PHMSA further identified that
emergency response techniques between petroleum distillates and
gasoline and ethanol fuel blends differ. Specifically, gasoline and
ethanol fuel blends with more than 10 percent ethanol are polar/water-
miscible flammable liquids and decrease the effectiveness of alcohol-
resistant fire-fighting foam. Due to these differences in fire-fighting
methods, PHMSA revised the HMR and adopted language in Sec.
172.336(c)(4) and (5) to clarify that when a petroleum distillate fuel
and a gasoline/ethanol fuel blend with more than 10 percent ethanol are
both carried on a multi-compartment cargo tank or tank car, the UN
identification number ``3475'' or ``1987'' must be displayed in
addition to the identification number of the petroleum distillate fuel
with the lowest flash point. PHMSA notes that both NTTC and the
Petroleum Marketers and Convenience Stores of Iowa (PMCI) suggested in
their comments to the HM-218D NPRM that revising the Emergency Response
Guidebook (ERG) to require alcohol-resistant foam for all flammable
liquids (Class 3), rather than adopting a new shipping description for
gasoline and ethanol fuel blends, would have made the requirement to
display the identification number for the alcohol fuel blend
unnecessary.
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\3\ E85 is an abbreviation for an ethanol fuel blend of 85%
denatured ethanol fuel and 15% gasoline or other hydrocarbon by
volume.
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In a March 7, 2013 final rule (HM-219) [78 FR 14702], based on a
petition for rulemaking (P-1522) from Shell Chemicals,\4\ PHMSA removed
all references to ``gasohol'' and codified a table to more clearly
indicate hazard communication requirements for compartmented cargo
tanks, tank cars, or cargo tanks containing these fuels. The revised
text indicates that when a cargo tank contains more than one petroleum
distillate fuel, it may be marked with the identification number for
the liquid petroleum distillate fuel having the lowest flash point.
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\4\ See P-1522 docket at the following URL: https://www.regulations.gov/searchResults?rpp=10&po=0&s=PHMSA-2008-0171.
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B. Letters of Interpretation
On October 16, 2000, RSPA issued an interpretation letter (Ref. No.
00-0208 \5\) to the Florida Department of Environmental Protection
concerning the identification number markings on cargo tanks containing
diesel fuel and gasoline. In this interpretation letter, RSPA stated
that if a cargo tank containing gasoline is marked with the
identification number for gasoline, ``1203,'' it may remain so marked
on a subsequent trip when the cargo tank contains diesel fuel; however,
the letter did not further clarify that this exception only applies to
transportation occurring on the same day. Thus, it appears that
industry uses this interpretation letter as standard practice to leave
the ``1203'' identification number marking for gasoline on cargo tanks
even if the cargo tank is not used for gasoline on any particular day
or on a subsequent trip.
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\5\ See Reference Number 00-0208 letter of interpretation at:
http://docketsinfo.dot.gov/reports/rspa/2000-10/000208.pdf.
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On June 26, 2015, PHMSA issued an interpretation letter (Ref. No.
14-0178 \6\) to the South Carolina State Police concerning the
placement of identification numbers on multi-compartmented cargo tanks
containing petroleum distillates. In the example provided in the
interpretation letter, all of the compartments in the multi-
compartmented cargo tank were loaded with only diesel fuel, but
displayed ``1203,'' the identification number for gasoline. PHMSA's
response determined that if a multi-compartmented cargo tank contains
the same petroleum distillate fuel (other than gasoline) in each
compartment, then it must be marked with the correct identification
number for that material--not with ``1203.''
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\6\ See Reference Number 14-0178 letter of interpretation at:
http://phmsa.dot.gov/portal/site/PHMSA/menuitem.6f23687cf7b00b0f22e4c6962d9c8789/?vgnextoid=2bd1d740bd03e410VgnVCM100000d2c97898RCRD&vgnextfmt=default
.
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V. Comments and Questions
The PIPES Act specifically requires PHMSA to issue an ANPRM to
solicit public comment on P-1667. In addition, PHMSA is considering the
regulatory changes proposed in P-1668. We invite comment on the
following key issues and request that commenters provide data sources
to support their positions. If commenters suggest modification to the
existing regulatory requirements, PHMSA requests that comments provided
be as specific as possible.
A. General Questions
1. Are carriers currently marking cargo tanks with the
identification number of a petroleum distillate fuel, including
gasoline and gasohol, when that material is not present in that cargo
tank? If so, why are carriers undertaking this practice? When and where
does this practice occur? How prevalent is this practice?
2. If the answer to question 1 above is yes, how is this being done
without violating the prohibitive marking requirements in Sec. 172.303
of the HMR?
B. Safety Questions
1. Would marking a cargo tank with the identification number for
the liquid petroleum distillate fuel having the lowest flash point,
rather than with the identification numbers representing each of the
different liquid petroleum distillate fuels including gasoline and
gasohol, create concerns for emergency responders?
2. Does responding to an incident involving diesel fuel differ from
responding to an incident involving gasoline--if so, how?
C. Policy Analysis Questions
1. How many entities and shipments would be affected by modifying
the existing regulatory requirements related to the hazard
communication standards for cargo tanks transporting petroleum
distillate fuels? In addition, how many of the effected entities would
be considered small businesses?
2. What are the potential costs of modifying the existing
regulatory requirements related to hazardous materials communication on
cargo tanks pursuant to the petitioners' suggestions? If no specific
quantitative data is available, what types of costs would be reasonable
to anticipate (e.g., training cost, equipment replacement, etc.)?
3. What consequences would be mitigated or prevented by modifying
the hazard communication requirements for cargo tanks transporting
petroleum distillate fuels? Have there been instances in the U.S.
safety record when the current requirements and industry practices
related to the identification number markings have resulted in
emergency response complications, injury, or death?
4. What are the potential quantifiable safety and societal benefits
of modifying the existing regulatory requirements related to hazardous
materials communication for cargo tanks?
5. What are the potential environmental impacts and human health
effects of modifying the existing regulatory requirements?
VI. Regulatory Analysis
A. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures
This ANPRM has not been designated a ``significant regulatory
action'' under section 3(f) of Executive Order 12866, ``Regulatory
Planning and Review.'' 58 FR 51735 (Oct. 4, 1993). Accordingly,
[[Page 83194]]
this ANPRM has not been reviewed by the Office of Management and Budget
(OMB) and is not considered to be a significant regulatory action under
the DOT Regulatory Policies and Procedures of February 26, 1979. See 44
FR 11034.
Executive Order 13563, ``Improving Regulation and Regulatory
Review,'' 76 FR 3821 (Jan. 21, 2011), supplements and reaffirms the
principles, structures, and definitions governing regulatory review
that were established in Executive Order 12866. Together, Executive
Orders 12866 and 13563 require agencies to regulate in the ``most cost-
effective manner,'' to make a ``reasoned determination that the
benefits of the intended regulation justify its costs,'' and to develop
regulations that ``impose the least burden on society.''
Additionally, Executive Orders 12866 and 13563 require agencies to
provide a meaningful opportunity for public participation. Therefore,
PHMSA solicits comment on the key issues addressed in this ANPRM.
B. Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999),
requires agencies to assure meaningful and timely input by State and
local officials in the development of regulatory policies that may have
``substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.'' We
invite State and local governments with an interest in this rulemaking
to comment on any effect that revisions to the HMR relative to
identification numbers displayed on cargo tanks may cause.
C. Executive Order 13175
Executive Order 13175, ``Consultation and Coordination and Indian
Tribal Governments,'' 65 FR 67249 (Nov. 9, 2000), requires agencies to
assure meaningful and timely input from Indian tribal government
representatives in the development of rules that ``significantly or
uniquely affect'' Indian communities and impose ``substantial and
direct compliance costs'' on such communities. We invite Indian tribal
governments to provide comments on the costs and effects that this or a
future rulemaking could potentially have on them.
D. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies
and Procedures
The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires
agencies to consider whether a rulemaking would have a ``significant
economic impact on a substantial number of small entities.'' Small
entities include small businesses, not-for-profit organizations that
are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations under 50,000.
As such, PHMSA solicits input from small entities on the issues
presented in this ANPRM. If you believe that revisions to the HMR
relative to identification numbers on cargo tanks would have a
significant economic impact on a substantial number of small entities,
please submit a comment to PHMSA. In your comment, please explain how
and to what extent your business or organization could be affected, and
whether there are alternative approaches to this regulation the agency
should consider that would minimize any significant impact on small
business while still meeting the agency's statutory objectives
Any future proposed rule would be developed in accordance with
Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking,'' 67 FR 53461 (Aug. 16, 2002), as well as DOT's
procedures and policies, so as to promote compliance with the
Regulatory Flexibility Act to ensure that potential impacts on small
entities of a regulatory action are properly considered.
E. Paperwork Reduction Act
Section 1320.8(d), title 5, Code of Federal Regulations requires
that PHMSA provide interested members of the public and affected
agencies an opportunity to comment on information collection and
recordkeeping requests. It is possible that new or revised information
collection requirements could occur as a result of any future
rulemaking action. We invite comment on the need for any collection of
information and paperwork burdens that may apply as result of a future
rulemaking.
F. National Environmental Policy Act
The National Environmental Policy Act of 1969, 42 U.S.C. 4321-4375,
requires Federal agencies to consider the consequences of major Federal
actions and prepare a detailed statement on actions significantly
affecting the quality of the human environment. The Council on
Environmental Quality (CEQ) regulations require Federal agencies to
conduct an environmental review considering (1) the need for the
proposed action, (2) alternatives to the proposed action, (3) probable
environmental impacts of the proposed action and alternatives, and (4)
the agencies and persons consulted during the consideration process.
See 40 CFR 1508.9(b). PHMSA welcomes any data or information related to
environmental impacts that may result from this ANPRM.
G. 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 at 65 FR 19477 (April 11, 2000), or you may visit
http://www.dot.gov/privacy.html.
H. Executive Order 13609 and International Trade Analysis
Under Executive Order 13609, ``Promoting International Regulatory
Cooperation,'' 77 FR 26413 (May 4, 2012), agencies must consider
whether the impacts associated with significant variations between
domestic and international regulatory approaches are unnecessary, or
may impair the ability of American business to export and compete
internationally. In meeting shared challenges involving health, safety,
labor, security, environmental, and other issues, international
regulatory cooperation can identify approaches that are at least as
protective as those that are, or would be, adopted in the absence of
such cooperation. International regulatory cooperation can also reduce,
eliminate, or prevent unnecessary differences in regulatory
requirements.
Similarly, the Trade Agreements Act of 1979, Public Law 96-39, as
amended by the Uruguay Round Agreements Act, Public Law 103-465,
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
PHMSA participates in the establishment of international standards
in order to protect the safety of the American public, and we have
assessed the effects of this ANPRM to ensure that
[[Page 83195]]
it does not cause unnecessary obstacles to foreign trade. Accordingly,
this rulemaking is consistent with Executive Order 13609 and PHMSA's
obligations under the Trade Agreement Act, as amended.
I. Statutory/Legal Authority for This Rulemaking
Federal hazardous materials transportation law, 49 U.S.C. 5101 et
seq., authorizes the Secretary of Transportation to prescribe
regulations for the safe transportation, including security, of
hazardous materials in intrastate, interstate, and foreign commerce.
The Secretary has delegated this authorization to the Administrator for
PHMSA. See 49 CFR 1.97. PHMSA is issuing this ANPRM to gather the
necessary information to determine a course of action for clarifying
issues pertaining to the display of identification numbers related to
the transportation of fuel oils and petroleum distillates.
J. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.
Issued in Washington, DC, on November 15, 2016, under authority
delegated in 49 CFR 1.97.
William Schoonover,
Acting Associate Administrator for Hazardous Materials Safety, Pipeline
and Hazardous Materials Safety Administration.
[FR Doc. 2016-27911 Filed 11-18-16; 8:45 am]
BILLING CODE 4910-60-P