Hazardous Materials: Incorporation of Certain Cargo Tank Special Permits Into Regulations, 42364-42373 [2010-17712]

Agencies

• Pipeline and Hazardous Materials Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 75, Number 139 (Wednesday, July 21, 2010)]
[Proposed Rules]
[Pages 42364-42373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17712]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171 and 173

[Docket No. PHMSA-2010-0017 (HM-245)]
RIN 2137-AE56


Hazardous Materials: Incorporation of Certain Cargo Tank Special 
Permits Into Regulations

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The Pipeline and Hazardous Materials Safety Administration is 
proposing to amend the Hazardous Materials Regulations to incorporate 
provisions contained in certain widely used or longstanding cargo tank 
special permits that are granted to multiple parties and have an 
established safety record. Special permits allow a company or 
individual to package or ship a hazardous material in a manner that 
varies from the regulations provided an equivalent level of safety is 
maintained. The proposed revisions are intended to provide wider access 
to the regulatory flexibility offered in the special permits and 
eliminate the need for numerous renewal requests, thereby, facilitating 
commerce activity and reducing paperwork burdens while maintaining an 
appropriate level of safety.

DATES: Comments must be received by August 20, 2010. A 30 day comment 
period is appropriate for this rulemaking because it proposes to 
incorporate long-standing, widely used special permits into the HMR. 
These

[[Page 42365]]

special permits have well-established safety records. Incorporation of 
these special permits would reduce the compliance burden and cost on 
both industry and government by removing the need to apply for special 
permits.

ADDRESSES: You may submit comments by identification of the docket 
number (PHMSA-2010-0017 (HM-245)) by any of the following methods:
     Federal eRulemaking Portal: Go to https://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. All 
comments received will be posted without change to the Federal Docket 
Management System (FDMS), including any personal information.
    Docket: For access to the dockets to read background documents or 
comments received, go to https://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 (Volume 65, Number 70; 
Pages 19477-78).

FOR FURTHER INFORMATION CONTACT: Joan McIntyre or Matthew Nickels, 
Office of Hazardous Materials Standards, (202) 366-8553, Pipeline and 
Hazardous Materials Safety Administration (PHMSA), or John Van 
Steenburg, Office of Enforcement and Compliance, (202) 366-5125, 
Federal Motor Carrier Safety Administration (FMCSA), 1200 New Jersey 
Avenue, SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. Background
II. Overview of Proposed Amendments
III. Summary Review of Amendments
IV. Regulatory Analyses and Notices

I. Background

    The Pipeline and Hazardous Materials Safety Administration (PHMSA) 
is proposing to amend the Hazardous Materials Regulations (HMR; 49 CFR 
Parts 171-180) to incorporate certain requirements based on existing 
special permits issued by PHMSA under 49 CFR Part 107, Subpart B 
(Sec. Sec.  107.101 to 107.127). A special permit sets forth 
alternative requirements (variances) to the requirements in the HMR by 
means that achieve a safety level that at the least corresponds to the 
safety level required under the regulations and that is consistent with 
the public interest. Congress expressly authorized DOT to issue these 
variances in the Hazardous Materials Transportation Act of 1975.
    The HMR generally are performance oriented regulations, which 
provides the regulated community with a certain amount of flexibility 
in meeting safety requirements. Even so, not every transportation 
situation can be anticipated and built into the regulations. Innovation 
is a strength of our economy and the hazardous materials community is 
particularly strong at developing new materials and technologies and 
innovative ways of moving materials. Special permits enable the 
hazardous materials industry to quickly, effectively and safely 
integrate new products and technologies into the production and 
transportation stream. Thus, special permits provide a mechanism for 
testing new technologies, promoting increased transportation efficiency 
and productivity, and ensuring global competitiveness.
    A special permit must achieve at least an equivalent level of 
safety to that specified in the HMR. Implementation of new technologies 
and operational techniques can enhance safety because the authorized 
operations or activities achieve a greater level of safety than 
currently required under the regulations. Special permits also reduce 
the volume and complexity of the HMR by addressing unique or infrequent 
transportation situations that would be difficult to accommodate in 
regulations intended for use by a wide range of shippers and carriers. 
PHMSA conducts ongoing reviews of special permits to identify widely 
used and longstanding special permits with an established safety record 
for adoption into regulations for broader applicability. Converting 
these special permits into regulations reduces paperwork burdens and 
facilitates commerce while maintaining an acceptable level of safety. 
Additionally, adoption of special permits as rules of general 
applicability provides wider access to the benefits and regulatory 
flexibility of the provisions granted in the special permits. Factors 
that influence whether a specific special permit is a candidate for 
regulatory action include: the safety record for hazardous materials 
transported; transportation operations conducted under a special 
permit; the potential for broad application of a special permit; 
suitability of provisions in the special permit for incorporation into 
the HMR; rulemaking activity in related areas; and agency priorities.
    Although PHMSA does not issue a special permit to an industry 
association, PHMSA may issue a special permit to members of an industry 
association when many of its members have a common interest in 
obtaining authority to perform a specific transportation activity, 
there is no large business entity to take the lead in seeking such 
authority, and the association has the resources to gather the 
necessary information and perform any necessary research. Special 
permits issued to the members of associations are potentially among the 
most suitable types of special permit for later adoption into the HMR. 
Such special permits have broad applicability; moreover, many of them 
have been in effect for a number of years and have demonstrated safety 
records.
    The six special permits addressed in this notice of proposed 
rulemaking (NPRM), which authorize cargo tank transportation operations 
not specifically permitted under the HMR, were initially issued to 
members of industry associations or similar organizations. They have 
well-established safety records and, thus, are candidates for 
incorporation into the HMR. Incorporating these special permits into 
the HMR would eliminate the need for over 10,000 current grantees to 
reapply for the renewal of six special permits every four years and for 
PHMSA to process the renewal applications.
    Incorporation of these special permits into the HMR also eliminates 
a significant paperwork burden. Unless otherwise excepted by this 
agency, a copy of each special permit must be maintained at each 
facility where a packaging is manufactured under a special permit, at 
each facility where a package is offered or re-offered for 
transportation under a special permit carried on board each cargo 
vessel or aircraft, and in some cases must be carried aboard each 
transport vehicle used to transport a hazardous material under a 
special permit.

[[Page 42366]]

II. Overview of Proposed Amendments

    In this NPRM, PHMSA is proposing to revise the HMR by providing:
     Authorization to transport liquefied petroleum gas (LPG) 
in non-DOT specification cargo tank motor vehicles known as moveable 
fuel storage tenders that are used exclusively for agricultural 
purposes.
     Authorization to transport Division 6.1 liquid soil 
pesticide fumigants in DOT Specification MC 306 and DOT 406 cargo tank 
motor vehicles and DOT 57 portable tanks, used exclusively for 
agricultural purposes.
     Authorization to transport certain hazardous materials 
used for roadway striping in non-DOT specification cargo tanks.
     Authorization for private motor carriers to transport LPG 
in consumer storage containers with quantities greater than 5 percent 
of the container's water capacity.
     Authorization to transport nurse tanks securely mounted on 
field trucks.
     Authorization for nurse tanks with missing or illegible 
ASME plates to continue to be used in anhydrous ammonia service under 
specified conditions.

III. Summary Review of Amendments

A. Moveable Fuel Storage Tenders

    Special permit SP 11209 authorizes the transportation of LPG in 
non-DOT specification cargo tank motor vehicles, commonly known as 
moveable fuel storage tenders, used exclusively for agricultural 
purposes. Moveable fuel storage tenders are used to supply LPG fuel to 
farmers for crop drying, crop irrigation, flame weeding, plant 
defoliation prior to harvest, and other agricultural operations.
    The special permit has been in effect since 1994 and has been 
utilized by upwards of 3,400 grantees. A review of the Hazardous 
Materials Incident Data library did not reveal any incidents related to 
this special permit over, at least, the past ten years. Each vehicle 
operated under this special permit conforms to the ASME Code in effect 
at the time of its manufacture. The design and use of these vehicles is 
included in the provisions of the National Fire Protection Association 
pamphlet no. 58, Storage and Handling of Liquefied Petroleum Gases.
    PHMSA proposes to incorporate the terms of special permit SP 11209 
into the HMR by amending Sec.  173.5 to authorize the transportation of 
LPG in moveable fuel storage tenders used exclusively for agricultural 
purposes and operated by a private motor carrier. (A ``private motor 
carrier,'' as defined in interpretation letters issued by PHMSA, is a 
carrier who transports the business's own products and does not provide 
such transportation service to other businesses). As proposed, a non-
DOT specification cargo tank motor vehicle used as a moveable fuel 
storage tender must: (1) Have a minimum design pressure of 250 psig; 
(2) conform to the requirements of the ASME Code in effect at the time 
the cargo tank was manufactured and marked accordingly; (3) have a 
water capacity of 1,200 gallons or less; (4) conform to applicable 
requirements in National Fire Protection Association (NFPA) Pamphlet 
No. 58; and (5) be mounted securely on a motor vehicle. In addition, 
the cargo tank must be filled as prescribed in Sec.  173.315(b). When 
filled, transportation of a moveable fuel storage tender would be 
limited to movements over local roads between fields using the shortest 
practical distance. In addition, transportation of a moveable storage 
fuel tender to an LPG distribution facility for re-filling would be 
permitted only if it contains no more than 5 percent of its water 
capacity.

B. Liquid Soil Pesticide Fumigants

    Special permit SP 13113 authorizes the transportation of Division 
6.1 liquid soil pesticide fumigants in MC 306 and DOT 406 cargo tank 
motor vehicles and DOT 57 portable tanks used exclusively for 
agricultural purposes. Transportation of these materials is limited to 
private motor carriage and must be between a bulk loading facility and 
farms (including between farms) not exceeding 150 miles from one 
another. Liquid soil pesticide fumigants are used by farmers as an 
alternative to the agricultural use of methyl bromide to ensure the 
adequate protection of crops from pesticide infestation, and 
consequently, to preserve agricultural productivity.
    This special permit has been in effect since 2002 and has been 
utilized by hundreds of grantees. A review of the Hazardous Materials 
Incident Data library did not reveal any incidents related to this 
special permit since the date of its issuance. Prior to 2002, when this 
material was classed as Dichloropropenes, 6.1, UN2047, PG III, it was 
routinely shipped, according to 49 CFR 173.242 in MC 306 and DOT 406 
cargo tanks and DOT 57 portable tanks. The same tanks have been widely 
used to transport gasoline, a low flashpoint PGII liquid. The pressure 
relief systems and bottom discharge equipment on the cargo tanks offer 
equivalent safety in terms of containment and operation of pressure 
relief systems. Also, stainless steel DOT 57 portable tanks provide 
comparable containment to metal, rigid plastic, and composite 
Intermediate Bulk Containers (IBCs), which are authorized for transport 
of Division 6.1 liquid soil pesticide fumigants under Sec.  173.202.
    PHMSA proposes to incorporate the terms of special permit SP 13113 
into the HMR by also amending Sec.  173.5 to authorize the 
transportation of Division 6.1 liquid soil pesticide fumigants in MC 
306 and DOT 406 cargo tank motor vehicles and DOT 57 portable tanks by 
a private motor carrier, exclusively for agricultural purposes. As 
proposed, MC 306 and DOT 406 cargo tank motor vehicles used for the 
transportation of these fumigants must: (1) Meet qualification and 
maintenance requirements (including periodic testing and inspection) in 
accordance with Subpart E of Part 180; and (2) conform to the pressure 
relief system requirements specified in Sec.  173.243(b)(1). In 
addition, MC 306 cargo tank motor vehicles must be equipped with stop-
valves capable of being remotely closed by manual and mechanical means; 
and DOT 406 cargo tanks must conform to the bottom outlet requirements 
specified in Sec.  173.243(b)(2). Also as proposed, DOT 57 portable 
tanks used to transport Division 6.1 liquid soil pesticide fumigants 
must be constructed of stainless steel. Finally, MC 306 and DOT 406 
cargo tank motor vehicles and DOT 57 portable tanks used to transport 
Division 6.1 liquid soil pesticide fumigants must be used exclusively 
for agricultural purposes, operated by a private motor carrier; and 
limited to transport between a bulk loading facility and farms 
(including between farms) not to exceed 150 miles from one another.

C. Non-DOT Specification Cargo Tanks Used for Roadway Striping

    Special permit SP 12284 authorizes the transportation in commerce 
of certain hazardous materials used for roadway striping in non-DOT 
specification cargo tanks. These non-DOT specification cargo tanks are 
used for the low hazard job of applying roadway striping to paved roads 
throughout the United States.
    The special permit has been in effect since 1999 and has been 
utilized by over 100 grantees. A review of the Hazardous Materials 
Incident Data library did not reveal any incidents related to this 
special permit since the date of its issuance. Based on the safety 
record, PHMSA is proposing to incorporate the provisions of special 
permit SP 12284 into the HMR by adding a new paragraph (c) to Sec.  
173.5a to authorize the transportation of certain hazardous

[[Page 42367]]

materials used for roadway striping to be transported in non-DOT 
specification cargo tanks provided the conditions specified in the new 
paragraph are met. The new paragraph (c) would specify conditions that 
include packaging specifications, inspection and testing requirements, 
requirements for maintaining records, and operational controls. 
Consistent with the special permit, paragraph (c) also would include 
marking requirements in addition to applicable marking and placarding 
requirements in subparts D and F. The section title heading would also 
be revised to reflect the addition of non-DOT specification cargo tanks 
used for roadway striping into this section. Finally, Sec.  173.242(b) 
would be revised to include the authorization to use non-DOT 
specification cargo tanks used for roadway striping.

D. LPG Storage Containers

    Currently, in accordance with Sec.  173.315(j)(4), LPG may not be 
transported in consumer storage containers that contain greater than 5 
percent of the container's water capacity. Special permit SP 13341 
authorizes the transportation by private motor carrier of LPG in 
consumer storage containers in quantities greater than 5 percent of the 
container's water capacity. The storage containers are designed for 
permanent installation on consumer premises. The special permit 
authorizes the transportation of a storage container from the consumer 
location to the container owner's nearest LPG plant.
    The special permit has been in effect since 2004 and has been 
utilized by several thousand grantees. A review of the Hazardous 
Materials Incident Data library did not reveal any incidents related to 
this special permit since the date of its issuance. Prior to 1998, 
consumer storage containers containing greater than 5 percent water 
capacity were routinely transported without any known incidents. The 
prohibition of transporting containers with more than 5 percent water 
capacity resulted from concern of the potential for confusion between 
ASME and DOT tanks, as ASME tanks are not designed to be lifted by the 
lugs with product inside. This proposal requires lifting with slings, 
not by the lugs. Also, transporting a tank with some product is 
sometimes preferable from a safety standpoint than removing LPG from a 
tank at a residence.
    PHMSA proposes to incorporate the terms of special permit SP 13341 
into the HMR by revising Sec.  173.315(j) to authorize the 
transportation of LPG in consumer storage containers containing greater 
than 5 percent of the container's water capacity. As proposed, the 
storage container must have a water capacity not exceeding 500 gallons 
and be ASME ``U'' stamped to indicate that it was designed and 
constructed in accordance with ASME Code requirements. In addition, the 
container must be inspected for leaks, corroded or abraded areas, 
dents, weld distortions, or any other conditions that could make the 
container unsafe for transportation. PHMSA also proposes to require 
that: (1) Only one storage container may be transported at one time on 
a motor vehicle; (2) the storage container must be lifted by slings, 
not lifting lugs; and (3) the storage container must be loaded and 
secured on the motor vehicle so that the container is well-secured 
against movement and completely within the envelope of the vehicle. 
Finally, PHMSA proposes to limit transportation to one-way movement 
from the consumer's premises to the container owner's nearest facility.

E. Nurse Tanks

    Nurse tanks are non-DOT specification cargo tanks used to transport 
and apply anhydrous ammonia fertilizers. The HMR authorize the use of 
nurse tanks operated by private motor carriers exclusively for 
agricultural purposes provided that the nurse tank: (1) Has a minimum 
design pressure of 250 psig and meets the requirements of Section VIII 
of the ASME code in effect at the time the nurse tank was manufactured; 
(2) is equipped with pressure relief valves; (3) has a capacity of 
3,000 gallons or less; (4) is loaded to a filling density no greater 
than 56 percent; and (5) is securely mounted on a farm wagon. Because 
they are non-DOT specification containers, currently nurse tanks are 
not subject to periodic inspection, testing, or requalification 
requirements.
    Nurse tanks mounted on field trucks. Special permit SP 10950 
authorizes the use of a nurse tank securely mounted on a field truck. 
Field trucks are specifically designed and equipped to improve safety 
and efficiency by being more maneuverable and more stable than a farm 
wagon when moving over hilly terrain. These trucks are operated in 
remote rural areas in eastern Washington, Oregon, and northern Idaho 
within a short distance of the fertilizer distribution point. The 
special permit has been in effect since 1993 and has been utilized by 
over a hundred grantees. A review of the Hazardous Materials Incident 
Data library did not reveal any incidents related to this special 
permit since the date of its issuance. Tanks operated under this 
special permit are subject to the periodic testing requirements under 
Subpart E of Part 180.
    Based on the safety record, PHMSA is proposing to incorporate the 
provisions of SP 10950 into the HMR by adding a new paragraph (m)(2) to 
Sec.  173.315. As proposed, nurse tanks mounted on field trucks would 
be required to be inspected and tested in accordance with Subpart E of 
Part 180 as specified for MC 331 cargo tanks. Operations would be 
restricted to rural roads within 50 miles of the distribution site 
where the nurse tank is loaded.
    Nurse tanks with missing or illegible ASME plates. As indicated 
above, nurse tanks must be manufactured in accordance with the 
applicable ASME Code requirements in effect at the time of manufacture. 
The ASME Code requires tanks built to its specifications to have an 
attached plate that lists the manufacturer, maximum allowable working 
pressure, minimum design metal temperature, and the year of 
manufacture. A number of nurse tanks are missing the required ASME 
plates or have illegible ASME plates. Special permit SP 13554 permits 
the continued use in anhydrous ammonia service of nurse tanks with 
missing or illegible ASME plates provided the tanks are inspected and 
tested. Specifically, the tanks must undergo an external visual 
inspection and testing using the procedures specified in Sec.  
180.407(d), thickness tested using the procedures specified in Sec.  
180.407(i), and pressure tested using the procedures specified in Sec.  
180.407(g). The special permit also establishes minimum head and shell 
thickness, below which the nurse tank must be removed from service.
    The special permit has been in effect since 2004 and has been 
utilized by thousands of grantees. A review of the Hazardous Materials 
Incident Data library did not reveal any incidents related to this 
special permit since the date of its issuance. Although 49 CFR 
173.315(m) requires that a nurse tank ``meet the requirements of the 
edition of Section VIII of the ASME Code in effect at the time it was 
manufactured and is marked accordingly,'' if the plate is missing or 
illegible the nurse tank can not be used. Therefore, these additional 
requirements that nurse tanks operating under the special permit must 
follow (i.e. the thickness testing, the pressure testing, and the 
external visual inspection), safely provides for the continued use of 
these tanks.
    In this NPRM, PHMSA is proposing to incorporate the terms of 
special permit SP 13554 into the HMR by adding a new paragraph (m)(3) 
in Sec.  173.315. As proposed, existing nurse tanks with

[[Page 42368]]

missing or illegible ASME plates that successfully pass the required 
inspections and tests and are marked with a unique identifier would be 
authorized to remain in service.
    Finally, in Sec.  171.7, we are proposing to revise the entries, 
American Society of Mechanical Engineers (ASME), National Board of 
Boiler and Pressure Vessel Inspectors (NBIC) and the National Fire 
Protection Association (NFPA) to reflect the addition of the 
incorporated by reference materials to the applicable newly proposed 
regulatory text.

IV. Rulemaking Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This NPRM is published under the authority of 49 U.S.C. 5103(b) 
which authorizes the Secretary to prescribe regulations for the safe 
transportation, including security, of hazardous material in 
intrastate, interstate, and foreign commerce. 49 U.S.C. 5117(a) 
authorizes the Secretary of Transportation to issue a special permit 
from a regulation prescribed in 5103(b), 5104, 5110, or 5112 of the 
Federal Hazardous Materials Transportation Law to a person 
transporting, or causing to be transported, hazardous material in a way 
that achieves a safety level at least equal to the safety level 
required under the law, or consistent with the public interest, if a 
required safety level does not exist. If adopted as proposed, the final 
rule would amend the regulations incorporating provisions from certain 
widely used and longstanding special permits that have established a 
history of safety and which may, therefore, be converted into the 
regulations for general use.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is not considered a significant regulatory 
action under section 3(f) and was not reviewed by the Office of 
Management and Budget (OMB). The proposed rule is not considered a 
significant rule under the Regulatory Policies and Procedures order 
issued by the Department of Transportation [44 FR 11034].
    In this notice, PHMSA proposes to amend the HMR by incorporating 
alternatives this agency has permitted under widely used and 
longstanding special permits with established safety records that we 
have determined meet the safety criteria for inclusion in the HMR. 
Incorporation of these special permits into regulations of general 
applicability will provide shippers and carriers with additional 
flexibility to comply with established safety requirements, thereby 
reducing transportation costs and increasing productivity. In addition, 
the proposals in this NPRM will reduce the paperwork burden on industry 
and this agency caused by continued renewals of special permits. The 
provisions of this proposed rule will promote the continued safe 
transportation of hazardous materials while reducing transportation 
costs for the industry and administrative costs for the agency.

C. Executive Order 13132

    This proposed rule was analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
proposed rule would preempt State, local and Indian Tribe requirements 
but does not propose any regulation that has substantial direct effects 
on the States, the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of governments. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply. Federal hazardous 
material transportation law, 49 U.S.C. 5101-5128, contains an express 
preemption provision (49 U.S.C. 5125(b)) preempting State, local and 
Indian Tribe requirements on certain covered subjects. Covered subjects 
are:
    (1) The designation, description, and classification of hazardous 
materials;
    (2) The packing, repacking, handling, labeling marking, and 
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous materials and requirements related to the number, 
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous materials; or
    (5) The design, manufacture, fabrication, marking, maintenance, 
reconditioning, repair, or testing of a packaging or container 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous materials.
    This proposed rule addresses covered subject items 2, 3, and 5 and 
would preempt any State, local, or Indian Tribe requirements not 
meeting the ``substantively the same'' standard. Federal hazardous 
materials transportation law provides at 49 U.S.C. 5125(b)(2) that if 
PHMSA issues a regulation concerning any of the covered subjects, PHMSA 
must determine and publish in the Federal Register the effective date 
of Federal preemption. The effective date may not be earlier than the 
90th day following the date of issuance of the final rule and not later 
than two years after the date of issuance. PHMSA proposes the effective 
date of Federal preemption be 90 days from publication of a final rule 
in this matter in the Federal Register.

D. Executive Order 13175

    This proposed rule was analyzed in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this proposed 
rule does not have Tribal implications and does not impose substantial 
direct compliance costs on Indian Tribal governments, the funding and 
consultation requirements of Executive Order 13175 do not apply.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities. 
An agency must conduct a regulatory flexibility analysis unless it 
determines and certifies that a rule is not expected to have a 
significant impact on a substantial number of small entities. This 
proposed rule incorporates into the HMR certain widely used special 
permits. Incorporation of these special permits into regulations of 
general applicability will provide shippers and carriers with 
additional flexibility to comply with established safety requirements, 
thereby reducing transportation costs and increasing productivity. 
Therefore, I certify this rule will not have a significant economic 
impact on a substantial number of small entities.
    This proposed rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure that potential impacts of 
draft rules on small entities are properly considered.

F. Paperwork Reduction Act

    This proposed rule does not impose new information collection 
requirements. PHMSA has an approved information collection under OMB 
Control Number 2137-0051, ``Rulemaking, Special Permits, and Preemption 
Requirements,'' currently being reviewed for renewal by OMB. This NPRM 
may result in a decrease in the annual burden and costs under OMB 
Control Number 2137-0051 due to

[[Page 42369]]

proposed changes to incorporate provisions contained in certain widely 
used or longstanding special permits that have an established safety 
record.
    Under the Paperwork Reduction Act of 1995, no person is required to 
respond to an information collection unless it has been approved by OMB 
and displays a valid OMB control number. 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 and recordkeeping requests.
    This notice identifies a revised information collection request 
that PHMSA will submit to OMB for approval based on the requirements in 
this proposed rule. PHMSA has developed burden estimates to reflect 
changes in this proposed rule. PHMSA estimates that the information 
collection and recordkeeping burden as proposed in this rule would be 
decreased as follows:
OMB Control No. 2137-0051
    Decrease in Annual Number of Respondents: 185.
    Decrease in Annual Responses: 185.
    Decrease in Annual Burden Hours: 185.
    Decrease in Annual Burden Costs: $7,400.

    PHMSA specifically requests comments on the information collection 
and recordkeeping burdens associated with developing, implementing, and 
maintaining these requirements for approval under this proposed rule.
    Requests for a copy of this information collection should be 
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous 
Materials Standards (PHH-11), Pipeline and Hazardous Materials Safety 
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001, 
Telephone (202) 366-8553.
    Address written comments to the Dockets Unit as identified in the 
ADDRESSES section of this rulemaking. We must receive comments 
regarding information collection burdens prior to the close of the 
comment period identified in the DATES section of this rulemaking. In 
addition, you may submit comments specifically related to the 
information collection burden to the PHMSA Desk Officer, Office of 
Management and Budget, at fax number (202) 395-6974.

G. 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 may be used to cross-reference this action with the 
Unified Agenda.

H. Unfunded Mandates Reform Act of 1995

    This proposed rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$141.3 million or more to either State, local or Tribal governments, in 
the aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objective of the rule.

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended 
(42 U.S.C. 4321-4347), requires Federal agencies to consider the 
consequences of major Federal actions and prepare a detailed statement 
on actions that significantly affect the quality of the human 
environment.
    The hazardous materials regulatory system is a risk management 
system that is prevention oriented and focused on identifying a hazard 
and reducing the probability and quantity of a hazardous materials 
release. Hazardous materials are categorized by hazard analysis and 
experience into hazard classes and packing groups. The regulations 
require each shipper to classify a material in accordance with these 
hazard classes and packing groups; the process of classifying a 
hazardous material is itself a form of hazard analysis. Further, the 
regulations require the shipper to communicate the material's hazards 
by identifying the hazard class, packing group, and proper shipping 
name on shipping papers and with labels on packages and placards on 
transport vehicles. Thus, the shipping paper, labels, and placards 
communicate the most significant findings of the shipper's hazard 
analysis. Most hazardous materials are assigned to one of three packing 
groups based upon its degree of hazard, from a high hazard Packing 
Group I material to a low hazard Packing Group III material. The 
quality, damage resistance, and performance standards for the 
packagings authorized for the hazardous materials in each packing group 
are appropriate for the hazards of the material transported.
    Hazardous materials are transported by aircraft, vessel, rail, and 
highway. The potential for environmental damage or contamination exists 
when packages of hazardous materials are involved in transportation 
incidents. The need for hazardous materials to support essential 
services means transportation of highly hazardous materials is 
unavoidable. However, these shipments frequently move through densely 
populated or environmentally sensitive areas where the consequences of 
an incident could be loss of life, serious injury, or significant 
environmental damage. The ecosystems that could be affected by a 
hazardous materials release during transportation include atmospheric, 
aquatic, terrestrial, and vegetal resources (for example, wildlife 
habitats). The adverse environmental impacts associated with releases 
of most hazardous materials are short-term impacts that can be greatly 
reduced or eliminated through prompt clean-up of the incident scene. In 
this NPRM, we are requesting comments on the potential environmental 
impacts of the proposals.
    In this NPRM, PHMSA proposes to incorporate the terms of six 
special permits into the HMR. Several of the proposals in this NPRM 
involve the transportation of LPG. LPG is a Division 2.1 (flammable 
gas) material that poses an explosive, fire, blast, or projection 
hazard. If released, LPG may cause eye or skin irritation and, if 
inhaled, it may irritate the respiratory tract. Moderate exposure may 
cause headache or dizziness. Elevated exposure may cause 
unconsciousness or respiratory arrest. Further, by diluting the oxygen 
concentration in air below the level necessary to support life, LPG can 
act as an asphyxiant. LPG is not known to cause long-term ecological 
damage. The proposals in this NPRM are intended to ensure that LPG will 
be transported in a variety of applications with no release from its 
packaging and, thus, no adverse safety or environmental impacts.
    One of the proposals in this NPRM involves Division 6.1 liquid soil 
pesticide fumigants. Soil fumigation is a chemical control strategy 
used independently or in conjunction with cultural and physical control 
methods to reduce populations of soil organisms. Soil fumigants can 
effectively control soil-borne organisms, such as nematodes, fungi, 
bacteria, insects, weed seeds, and weeds. Different fumigants have 
varying effects on the control of these pests. Some are pest specific, 
while others are broad spectrum biocides that kill most soil organisms. 
Soil fumigants are used in agriculture, nurseries, ornamental beddings, 
forest systems, and other areas where soil-borne pests can harm or 
devastate desirable plants. Because of treatment costs, applicators use 
soil fumigants primarily on high value

[[Page 42370]]

crops, such as vegetables, fruits, and ornamentals. Control of soil-
borne pests increases plant aesthetics, plant quality and vigor, crop 
yields, and ultimately profitability. Soil fumigants are closely 
regulated by the Environmental Protection Agency to prevent adverse 
health impacts to agricultural workers or bystanders (people who live, 
work, or otherwise spend time near fields that are fumigated). The 
proposals in this NPRM will help to ensure that liquid soil pesticide 
fumigants are transported without incident on or between farms and the 
bulk loading facility.
    Several proposals in this NPRM address the transportation of 
anhydrous ammonia. Anhydrous ammonia is a poisonous by inhalation (PIH) 
material. When anhydrous ammonia is released into water, it floats on 
the surface, rapidly dissolving into the water as ammonium hydroxide 
while simultaneously boiling into the atmosphere as gaseous ammonia. 
High concentrations of ammonia (greater than 1700 parts per million 
(ppm)) in the atmosphere cause compulsive coughing and death, while 
lower concentrations (lower than 700 ppm) cause eye and throat 
irritation. Ammonia is lighter than air so that it dissipates in the 
atmosphere, the rate of dissipation depending on weather.
    In an aquatic or wetland environment, ammonium hydroxide would 
cause fish, planktonic, and benthic organism mortality in the vicinity 
of the release--the size depending on the volume of anhydrous ammonia 
released. The chemical would also strip protective oils from the 
feathers of shore birds, causing drowning or infection. Such die-offs 
could spur high nutrient levels that could stimulate noxious blooms of 
algae. Terrestrial vegetation would also be either damaged or killed, 
depending on atmospheric concentrations.
    The cleanup effort from a release of anhydrous ammonia would 
require the removal of soil containing anhydrous ammonia quickly to 
avoid contamination of the water table. Ammonia emissions would be 
released during the cleanup effort as contaminated soil is disturbed.
    The proposals in this NPRM will require certain nurse tanks used to 
transport anhydrous ammonia to, from, and between farm fields to be 
inspected and tested periodically to identify problems that would 
result in a leak or release.
    There are no significant environmental impacts associated with the 
proposals in this NPRM, although PHMSA solicits comments on the 
potential environmental impacts of the proposals in this NPRM. The 
process through which special permits are issued requires the applicant 
to demonstrate that the alternative transportation method or packaging 
proposed provides an equivalent level of safety as that provided in the 
HMR. Implicit in this process is that the special permit must provide 
an equivalent level of environmental protection as that provided in the 
HMR. Thus, incorporation of special permits as regulations of generally 
applicability maintains the existing environmental protections built 
into the HMR. In addition, the proposals applicable to nurse tanks will 
enhance the integrity of those tanks, thereby reducing the possibility 
of an anhydrous ammonia release.

J. 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 at https://www.regulations.gov.

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Incorporation by reference, Reporting and recordkeeping 
requirements.

49 CFR Part 173

    Hazardous materials transportation, Packaging and containers, 
Radioactive materials, Reporting and recordkeeping requirements, 
Uranium.

    In consideration of the foregoing, we propose to amend 49 CFR 
Chapter I as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

    1. The authority citation for part 171 continues to read as 
follows:

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53; 
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134 
section 31001.


Sec.  171.7  [Amended]

    2. In Sec.  171.7, in the paragraph (a)(3) table, in the second 
column, ``49 CFR reference,'' the following changes are made:
    a. Under the entry, American Society of Mechanical Engineers, the 
entry `` `ASME Code'; ASME Code, Sections II (Parts A and B), V, VIII 
(Division 1), and IX of 1998 Edition of American Society of Mechanical 
Engineers Boiler and Pressure Vessel Code'' is amended by adding 
sections ``173.5'' and ``173.5a'' in appropriate numerical order;
    b. Under the entry, National Board of Boiler and Pressure Vessel 
Inspectors, the entry ``National Board Inspection Code, A Manual for 
Boiler and Pressure Vessel Inspectors, NB-23, 1992 Edition'' is amended 
by adding section ``173.315'' in appropriate alphabetical order; and
    c. Under the entry, National Fire Protection Association, the entry 
``NFPA 58--Liquefied Petroleum Gas Code, 2001 Edition'' is amended by 
adding the sections ``173.5'' and ``173.315'' in appropriate 
alphabetical order.

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
PACKAGINGS

    3. The authority citation for part 173 continues to read as 
follows:

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.

    4. In Sec.  173.5, redesignate paragraphs (d), (e), and (f) as 
paragraphs (f), (g) and (h), respectively, and add new paragraphs (d) 
and (e) to read as follows:


Sec.  173.5  Agricultural operations.

* * * * *
    (d) Moveable fuel storage tenders. A non-DOT specification cargo 
tank motor vehicle may be used to transport Liquefied petroleum gas, 
UN1075, including Propane, UN1978, as moveable fuel storage tender used 
exclusively for agricultural purposes when operated by a private 
carrier under the following conditions:
    (1) The cargo tank must have a minimum design pressure of 250 psig.
    (2) The cargo tank must meet the requirements of the ASME Code in 
effect at the time of its manufacture and must be marked accordingly.
    (3) The cargo tank must have a water capacity of 1,200 gallons or 
less.
    (4) The cargo tank must conform to applicable requirements in 
National Fire Protection Association (NFPA) Pamphlet No. 58 (IBR, see 
Sec.  171.7 of this subchapter).
    (5) The cargo tank must be securely mounted on a motor vehicle.
    (6) The cargo tank must be filled in accordance with Sec.  
173.315(b) for liquefied petroleum gas.
    (7) The cargo tank must be painted white, aluminum, or other light 
reflecting color.
    (8) Transportation of the filled moveable fuel storage tender is 
limited to movements over local roads between fields using the shortest 
practical distance.

[[Page 42371]]

    (9) Transportation of the moveable fuel storage tender between its 
point of use and a liquefied petroleum gas distribution facility is 
authorized only if the cargo tank contains no more than 5 percent of 
its water capacity.
    (e) Liquid soil pesticide fumigants. MC 306 and DOT 406 cargo tank 
motor vehicles and DOT 57 portable tanks may be used to transport 
liquid soil pesticide fumigants, Pesticides, liquid, toxic, flammable, 
n.o.s., flash point not less than 23 degrees C, 6.1, UN2903, PG II, 
exclusively for agricultural operations by a private motor carrier 
between a bulk loading facility and a farm (including between farms). 
However, transportation is not to exceed 150 miles between the loading 
facility and the farm, and not more than five days are permitted for 
intermediate stops for temporary storage. Additionally, transport is 
permitted only under the following conditions:
    (1) Cargo tanks. MC 306 and DOT 406 cargo tank motor vehicles must:
    (i) Meet qualification and maintenance requirements (including 
periodic testing and inspection) in accordance with Subpart E of Part 
180 of this subchapter;
    (ii) Conform to the pressure relief system requirements specified 
in Sec.  173.243(b)(1);
    (iii) MC 306 cargo tanks must be equipped with stop-valves capable 
of being remotely closed by manual and mechanical means; and
    (iv) For DOT 406 cargo tanks, must conform to the bottom outlet 
requirements specified in Sec.  173.243(b)(2).
    (2) Portable tanks. DOT 57 portable tanks must--
    (i) Be constructed of stainless steel; and
    (ii) Meet qualification and maintenance requirements of Subpart G 
of Part 180 of this subchapter.
* * * * *
    5. In Sec.  173.5a, revise the section heading and add new 
paragraph (c) to read as follows:


Sec.  173.5a  Oilfield service vehicles, mechanical displacement meter 
provers, and roadway striping vehicles exceptions.

* * * * *
    (c) Roadway striping. In addition to conformance with all other 
applicable requirements of this subchapter, non-DOT specification cargo 
tanks used for roadway striping are authorized provided all the 
following conditions in this paragraph (c) are met.
    (1) Authorized materials. Only the hazardous materials listed in 
the table below may be transported in roadway striping vehicles. The 
cargo tank may not be filled to be liquid full at less than or equal to 
130[deg] F.

                                         Hazardous Materials Description
----------------------------------------------------------------------------------------------------------------
                                           Hazard  class/
          Proper shipping name                division          Identification number          Packing group
----------------------------------------------------------------------------------------------------------------
Adhesives, containing a flammable liquid              3    UN1133                          II
Paint including paint, lacquer, enamel,               3    UN1263                          II
 stain, shellac solution, varnish,
 polish, liquid filler, and liquid
 lacquer base.
Paint related material including paint                3    UN1263                          II
 thinning drying, removing, or reducing
 compound.
Flammable liquids, n.o.s. \a\...........              3    UN1993                          II
Gasoline................................              3    UN1203                          II
Acetone \b\.............................              3    UN1090                          II
Dichloromethane \b\.....................              6.1  UN1593                          III
Ethyl methyl ketone or Methyl ethyl                   3    UN1193                          II
 ketone \b\.
Ethyl acetate \b\.......................              3    UN1173                          II
Methanol \b\............................              3    UN1230                          II
Organic peroxide type E, liquid                       5.2  UN3107                          II
 (Dibenzoyl peroxide) \c\.
Petroleum distillates, n.o.s. or                      3    UN1268                          III
 Petroleum products, n.o.s. \b\.
1,1,1-Trichloroethane \b\...............              6.1  UN2831                          III
Toluene \b\.............................              3    UN1294                          II
Xylenes \b\.............................              3    UN1307                          II, III
Environmentally hazardous substance,                  9    UN3082                          III
 liquid, n.o.s. \c\.
Corrosive liquid, basic, organic, n.o.s.              8    UN3267                          III
 \c\.
Corrosive liquids, n.o.s. \c\...........              8    UN1760                          III
Elevated temperature liquid, n.o.s., at               9    UN3257                          III
 or above 100 C and below its flash
 point (including molten metals, molten
 salts, etc.).\d\
----------------------------------------------------------------------------------------------------------------
\a\ Adhesive containing ethyl acetate.
\b\ Solvent.
\c\ Catalyst.
\d\ Thermoplastic material non-hazardous at room temperature.

    (2) Cargo tank requirements. Each non-DOT specification cargo tank 
used for roadway striping must be securely bolted to a motor vehicle 
and must--
    (i) Be constructed and certified in conformance with the ASME Code 
in effect at the time of its manufacture;
    (ii) Have a minimum design pressure of 100 psig;
    (iii) Have a maximum capacity of 500 gallons;
    (iv) For solvents and organic peroxides, the cargo tank may not 
contain more than 50 gallons;
    (v) Be given an external visual inspection prior to each use to 
ensure that it has not been damaged on the previous trip;
    (vi) Be retested and reinspected in accordance with Sec.  
180.407(c) of this subchapter as specified for an MC 331 cargo tank 
motor vehicle; and
    (vii) Be securely mounted to a motor vehicle in accordance with the 
securement provisions prescribed in Sec. Sec.  393.100 through 393.106 
of this title.
    (3) Test records. The owner or operator of the roadway striping 
vehicle must maintain hydrostatic test records in accordance with Sec.  
180.417(b) and must make those records available to any representative 
of the Department of Transportation upon request.
    (4) Marking. A non-DOT specification cargo tank used for roadway 
striping must be plainly marked on both sides near the middle in 
letters at least two

[[Page 42372]]

inches in height on a contrasting background ``ROADWAY STRIPING''.
    (5) Operational controls. A non-DOT specification cargo tank used 
for roadway striping may not be pressurized when the motor vehicle is 
traveling to and from job sites. Additionally, the distance traveled by 
a non-DOT specification cargo tank used for roadway striping may not 
exceed 750 miles.
* * * * *
    6. In Sec.  173.242, revise paragraph (b) introductory text to read 
as follows:


Sec.  173.242  Bulk packagings for certain medium hazard liquids and 
solids, including solids with dual hazards.

* * * * *
    (b) Cargo tanks: Specification MC 300, MC 301, MC 302, MC 303, MC 
304, MC 305, MC 306, MC 307, MC 310, MC 311, MC 312, MC 330, MC 331, 
DOT 406, DOT 407, and DOT 412 cargo tank motor vehicles; and non-DOT 
specification cargo tank motor vehicles when in compliance with Sec.  
173.5a(c). Cargo tanks used to transport Class 3, Packing Group I or 
II, or Packing Group III with a flash point of less than 38 [deg]C (100 
[deg]F); Class 6, Packing Group I or II; and Class 8, Packing Group I 
or II materials must conform to the following special requirements:
* * * * *
    7. In Sec.  173.315, revise paragraphs (j) and (m) to read as 
follows:


Sec.  173.315  Compressed gases in cargo tanks and portable tanks.

* * * * *
    (j) Consumer storage containers. (1) Storage containers for 
liquefied petroleum gas or propane charged to 5 percent of their 
capacity or less and intended for permanent installation on consumer 
premises may be shipped by private motor carrier under the following 
conditions:
    (i) Each container must be constructed in compliance with the 
requirements in Section VIII of the ASME Code (IBR, see Sec.  171.7 of 
this subchapter) and must be marked to indicate compliance in the 
manner specified by the respective Code. Containers built in compliance 
with earlier editions starting with 1943 are authorized.
    (ii) Each container must be equipped with safety devices in 
compliance with the requirements for safety devices on containers as 
specified in NFPA 58 (IBR, see Sec.  171.7 of this subchapter).
    (iii) The containers must be braced or otherwise secured on the 
vehicle to prevent relative motion while in transit. Valves or other 
fittings must be adequately protected against damage during 
transportation. (See Sec.  177.834(a) of this subchapter).
    (2) Storage containers with a water capacity not exceeding 500 
gallons charged with liquefied petroleum gas to more than 5 percent of 
their capacity and intended for permanent installation on consumer 
premises may be transported by private motor carrier one-way only from 
the consumer's premises to the container owner's nearest facility under 
the following conditions:
    (i) Each container must be constructed in compliance with the 
requirements in Section VIII of the ASME Code and must be marked to 
indicate compliance in the manner specified by the respective Code.
    (ii) Maximum permitted filling density may not exceed that 
specified in paragraph (b) of this section.
    (iii) Prior to loading on a motor vehicle, the container must be 
inspected by a trained and qualified person for leaks, corroded or 
abraded areas, dents, distortions, weld defects, or other condition 
that may render the container unsafe for transportation. A record of 
the inspection must be legibly signed and dated by the person 
performing the inspection and retained by the container owner for two 
years. The record of inspection must include the date of inspection, 
inspector's contact information, such as a telephone number, the 
container's serial number and container size (water capacity), 
estimated amount of hazardous material, and the origin and destination 
of shipment.
    (iv) Only one storage container may be transported on a motor 
vehicle.
    (v) For loading on a motor vehicle, the container must be lifted by 
slings. Lifting lugs may not be used. The slings must be rated to a 
weight sufficient to accommodate the container and its lading and shall 
comply with ASME B30.9 on slings used for lifting purposes, and must be 
visually inspected prior to each use. A sling showing evidence of 
tears, fraying, or other signs of excessive wear may not be used.
    (vi) The storage container must be secured on a motor vehicle so 
that the container is completely within the envelope of the vehicle and 
does not extend beyond the vehicle frame.
    (vii) The storage container must be placed on the vehicle in a 
manner, such as in a cradle, which ensures that no weight is placed on 
the supporting legs during transportation.
    (viii) The storage container must be secured against movement 
during transportation. Bracing must conform with the requirements of 
paragraph (j)(1)(iii) of this section and Sec.  177.834(a) of this 
subchapter and with Section 6-5.2 of the NFPA Pamphlet No. 58. Straps 
or chains used as tie-downs must be rated to exceed the maximum load to 
be transported and conform to the requirements in Sec. Sec.  393.100 
through 393.106 of this title.
    (ix) Tow trailers used to transport storage containers in 
accordance with this paragraph (j)(2) must provide rear end protection 
that conforms to requirements in Sec.  393.86 of this title.
    (3) Storage containers of less than 1,042 pounds water capacity 
(125 gallons) may be shipped when charged with liquefied petroleum gas 
in compliance with DOT filling density.
* * * * *
    (m) General. (1) A cargo tank that is commonly known as a nurse 
tank and considered an implement of husbandry transporting anhydrous 
ammonia and operated by a private motor carrier exclusively for 
agricultural purposes is excepted from the specification requirements 
of Part 178 of this subchapter if it:
    (i) Has a minimum design pressure of 250 psig, meets the 
requirements of the edition of Section VIII of the ASME Code in effect 
at the time it was manufactured, and is marked with a valid ASME plate.
    (ii) Is equipped with pressure relief valves meeting the 
requirements of CGA Standard S-1.2 (IBR, see Sec.  171.7 of this 
subchapter);
    (iii) Is painted white or aluminum;
    (iv) Has capacity of 3,000 gallons or less;
    (v) Is loaded to a filling density no greater than 56 percent;
    (vi) Is securely mounted on a farm wagon or meets paragraph (m)(3) 
of this section; and
    (vii) Is in conformance with the requirements of Part 172 of this 
subchapter except that shipping papers are not required; and it need 
not be marked or placarded on one end if that end contains valves, 
fittings, regulators or gauges when those appurtenances prevent the 
markings and placard from being properly placed and visible.
    (2) Nurse tanks with missing or illegible ASME plates. Nurse tanks 
with missing or illegible ASME plates may continue to be operated 
provided they conform to the following requirements:
    (i) Each nurse tank must undergo an external visual inspection and 
testing in accordance with Sec.  180.407(d) of this subchapter.
    (ii) Each nurse tank must be thickness tested in accordance with 
Sec.  180.407(i) of this subchapter. A nurse tank with a capacity of 
less than 1,500 gallons must

[[Page 42373]]

have a minimum head thickness of 0.203 inch and a minimum shell 
thickness of 0.239 inch. A nurse tank with a capacity of 1,500 gallons 
or more must have a minimum thickness of 0.250 inch. Any nurse tank 
with a thickness test reading of less than that specified in this 
paragraph at any point must be removed from hazardous materials 
service.
    (iii) Each nurse tank must be pressure tested in accordance with 
Sec.  180.407(g) of this subchapter. The minimum test pressure is 375 
psig. Pneumatic testing is not authorized.
    (iv) Each nurse tank must be inspected and tested by a person 
meeting the requirements of Sec.  180.409(d) of this subchapter. 
Furthermore, each nurse tank must have the tests performed at least 
once every five years after the completion of the initial tests.
    (v) After each nurse tank has successfully passed the visual, 
thickness, and pressure tests, welded repairs on the tank are 
prohibited.
    (vi) After the nurse tank has successfully passed the visual, 
thickness, and pressure tests, it must be marked in accordance with 
Sec.  180.415(b), and permanently marked near the test and inspection 
markings with a unique owner's identification number in letters and 
numbers at least \1/2\ inch in height and width.
    (vii) Each nurse tank owner must maintain a copy of the test 
inspection report prepared by the inspector. The test report must 
contain the results of the test and meet the requirements in Sec.  
180.417(b) and be made available to a DOT representative upon request.
    (3) Field truck mounted tanks. A non-DOT specification cargo tank 
(nurse tank) securely mounted on a field truck is authorized under the 
following conditions:
    (i) Is in conformance with all the requirements of paragraph (m)(1) 
of this section, except that the requirement in paragraph (m)(1)(vi) 
does not apply;
    (ii) Is inspected and tested in accordance with Subpart E of Part 
180 of this subchapter as specified for an MC 331 cargo tank; and
    (iii) Is restricted to rural roads in areas within 50 miles of the 
fertilizer distribution point where the nurse tank is loaded.
* * * * *

    Issued in Washington, DC on July 14, 2010, under authority 
delegated in 49 CFR part 1.
 Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2010-17712 Filed 7-20-10; 8:45 am]
BILLING CODE 4910-60-P