[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]
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