Hazardous Materials: Adoption of ASME Code Section XII and the National Board Inspection Code, 80765-80773 [2010-32231]
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Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Proposed Rules
specialized capabilities to accept the
transfer of inpatients whose EMC
remains unstabilized or any other
unintended consequences.
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D. Litigation Related to the Applicability
of EMTALA to Hospital Inpatients
There have been several court cases
involving the applicability of EMTALA
to hospital inpatients. For example, in
Thorton v. Southwest Detroit Hospital,
895 F.2d 1131, 1134 (6th Cir. 1990), the
Sixth Circuit stated that, ‘‘once a patient
is found to suffer from an [EMC] in the
emergency room, she cannot be
discharged until the condition is
stabilized. * * * ’’ However, other
courts have concluded that a hospital’s
obligations under EMTALA end at the
time that a hospital admits an
individual to the facility as an inpatient.
(See Bryan v. Rectors and Visitors of the
University of Virginia, 95 F.3d 349 (4th
Cir. 1996), Bryant v. Adventist Health
System/West, 289 F.3d 1162 (9th Cir.
2002), and Harry v. Marchant, 291 F.3d
767 (11th Cir. 2002).) In Lima-Rivera v.
UHS of Puerto Rico Inc., (D.P.R. No. 04–
1798, 2007), the U.S. District Court for
the District of Puerto Rico rejected the
claim that EMTALA does not apply to
inpatients. Most recently in Moses v.
Providence Hospital and Medical
Centers Inc., 561 F.3d 573 (6th Cir.
2009), the court concluded that a
hospital’s EMTALA obligations to an
individual continue until that
individual’s EMC is stabilized
regardless of the individual’s status as
an inpatient or outpatient.
III. Intention of This Notice
We are aware that there continues to
be a range of opinions even at the
Circuit Court level on the topic of
EMTALA’s application to inpatients.
There also continues to be various
opinions regarding whether EMTALA
should apply to situations where a
hospital seeks to transfer an individual,
admitted as a hospital inpatient after
seeking treatment for an EMC, to a
hospital with specialized capabilities
because the admitted inpatient
continued to have an unstabilized EMC
that required specialized treatment.
Therefore, we are interested in receiving
comments that address whether we
should revisit the policies that were
established in the September 9, 2003
final rule on EMTALA and the August
19, 2008 IPPS final rule, respectively.
We would find it particularly helpful
if commenters could submit specific
real world examples that demonstrate
whether it would be beneficial to revisit
the policies articulated in the September
9, 2003 final rule on EMTALA or the
August 19, 2008 IPPS final rule. We also
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are interested in hearing whether
commenters are aware of situations
where an individual who presented
under EMTALA with an unstable EMC
was admitted to the hospital where he
or she first presented and was then
transferred to another facility, even
though the admitting hospital had the
capacity and capability to treat that
individual’s EMC.
We are also interested in receiving
information regarding the accuracy of
our statement in the August 19, 2008
IPPS final rule that a hospital with
specialized capabilities would accept
the transfer of an inpatient with an
unstabilized EMC absent an EMTALA
obligation. Specifically, we would be
interested to know if commenters are
aware of situations where an individual
with an unstabilized EMC was admitted
as an inpatient and continued to have
an unstabilized EMC requiring the
services of a hospital with specialized
capabilities that refused to accept the
transfer of the individual because
current policy does not obligate
hospitals with specialized capabilities
to do so.
IV. Collection of Information
Requirements
This document does not impose
information collection and
recordkeeping requirements.
Consequently, it need not be reviewed
by the Office of Management and
Budget under the authority of the
Paperwork Reduction Act of 1995.
V. Response to Comments
Because of the large number of public
comments we normally receive on
Federal Register documents, we are not
able to acknowledge or respond to them
individually. We will consider all
comments we receive by the date and
time specified in the DATES section of
this preamble, and, when we proceed
with a subsequent document, we will
respond to the comments in the
preamble to that document.
Authority: (Catalog of Federal Domestic
Assistance Program No. 93.773, Medicare—
Hospital Insurance)
Dated: November 18, 2010.
Donald M. Berwick,
Administrator, Centers for Medicare &
Medicaid Services.
Approved: December 14, 2010.
Kathleen Sebelius,
Secretary, Department of Health and Human
Services.
[FR Doc. 2010–32267 Filed 12–22–10; 8:45 am]
BILLING CODE 4120–01–P
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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
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Advance notice of proposed
rulemaking (ANPRM).
AGENCY:
PHMSA is considering
amending the Hazardous Materials
Regulations (HMR) to incorporate the
most recent edition of the American
Society of Mechanical Engineers’ Boiler
and Pressure Vessel Code, Section XII
for the design, construction, and
certification of cargo tank motor
vehicles, cryogenic portable tanks and
multi-unit-tank car tanks (ton tanks).
PHMSA is also considering
incorporating by reference the National
Board of Boiler and Pressure Vessel
Inspectors’ National Board Inspection
Code as it applies to the continuing
qualification and maintenance of ASME
stamped cargo tank motor vehicles,
portable tanks, and multi-unit-tank car
tanks (ton tanks) constructed to
standards in ASME Section VIII or
ASME Section XII. In this ANPRM,
PHMSA is soliciting comments on the
advisability of incorporating the most
recent editions of these two standards
by reference. We request comments to
identify any gaps or inconsistencies
between current HMR requirements and
these consensus standards.
Additionally, we seek input regarding
any potential costs, benefits, and
burdens associated with compliance
with these consensus standards.
DATES: Submit comments by March 23,
2011. To the extent possible, PHMSA
will consider late-filed comments as we
determine whether additional
rulemaking is necessary.
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
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
SUMMARY:
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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 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 (65 FR
19477) or you may visit https://www.
regulations.gov.
FOR FURTHER INFORMATION CONTACT: Kurt
Eichenlaub or Ben Supko, Standards
and Rulemaking Division, (202) 366–
8553, or Charles Hochman, Engineering
and Research Division, (202) 366–4492,
Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
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I. Abbreviations and Terms Used in
This Document
AI: Authorized Inspector
ANSI: American National Standards Institute
ASME: American Society of Mechanical
Engineers
BPVC: Boiler and Pressure Vessel Code
CI: Certified Individual
CTMV: Cargo Tank Motor Vehicle
DCE: Design Certifying Engineer
FMCSA: Federal Motor Carrier Safety
Administration
HMR: Hazardous Materials Regulations (49
CFR Parts 171–180)
MAWP: Maximum Allowable Working
Pressure
NBIC: National Board Inspection Code
PHMSA: Pipeline and Hazardous Materials
Safety Administration
PVMA: Pressure Vessel Manufacturers
Association
QI: Qualified Inspector
RI: Registered Inspector
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Section XII:
ASME BPVC, Section XII
II. Background
The Federal hazardous materials
transportation law (49 U.S.C. 5101 et
seq. (Federal hazmat law)) authorizes
the Secretary of Transportation to
regulate the safe and secure
transportation of hazardous materials in
commerce. In accordance with its
delegated authority from the Secretary,
PHMSA has established hazardous
materials safety regulations applicable
to packagings used to transport
hazardous materials in commerce,
including requirements for the design,
construction, qualification,
maintenance, and repair of bulk
packagings such as cargo tanks, portable
tanks, and ton tanks.
Under 49 CFR 1.53, PHMSA is
delegated the responsibility to enforce
the Hazardous Materials Regulations. In
addition, under 49 CFR 1.49(s) and
1.73(d), the Federal Railroad
Administration and the Federal Motor
Carrier Safety Administration (FMCSA)
are delegated authority to enforce the
Hazardous Materials Regulations (HMR;
49 CFR parts 171–180) with particular
emphasis on railroad and highway
transportation respectively. PHMSA,
FRA and FMCSA work closely with the
regulated industry through educational
assistance activities and FRA’s and
FMCSA’s compliance and enforcement
programs.
General requirements for cargo tank
motor vehicles (CTMVs), portable tanks,
and ton tanks such as outage and filling
limits, are prescribed in § 173.24b.
Detailed design and construction
requirements that encompass material of
construction, structural integrity,
closures, openings, inlets and outlets,
pressure relief devices, valves and
fittings, tests, certification, etc., are
specified in 49 CFR part 178, subpart H
for portable tanks, subpart J for CTMVs
and 49 CFR part 179, subpart E for
multi-unit tank car tanks (ton tanks).
Requirements applicable to continuing
qualification and maintenance
encompassing periodic tests and
inspections, repairs, modifications,
alterations, and conversions are
specified in 49 CFR part 180, subpart E
for CTMVs, subpart F for ton tanks, and
subpart G for portable tanks. Design,
construction and qualification of rail
tank cars (49 CFR part 179 and part 180,
subpart F) and non-specification cargo
tanks (i.e., nurse tanks) are not being
considered in the ANPRM.
Currently, the HMR incorporate by
reference the ASME BPVC, Section VIII,
Division I, as part of the standards for
the design and construction of cryogenic
portable tanks and CTMVs. Section VIII
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sets forth detailed criteria for the design,
construction, certification, and marking
of stationary boilers and pressure
vessels. Many factors exerted on
stationary tanks such as pressure,
temperature changes, and atmospheric
conditions are the same as those
encountered by transportation tanks.
However, Section VIII does not address
unique conditions and stresses
encountered by tanks in the
transportation environment. To address
differences between stationary tanks
and transportation tanks, the HMR
contain additional design and
construction requirements to account
for conditions and stresses likely to
occur in transportation.
III. Petitions for Rulemaking
In this ANPRM, PHMSA is
considering three petitions for
rulemaking from ASME, the National
Board, and the Pressure Vessel
Manufacturers Association (PVMA).
1. On May 10, 2005, ASME petitioned
PHMSA to revise the HMR to
incorporate by reference the ASME
Boiler and Pressure Vessel Code,
Section XII, Transport Tanks—2004
edition. Section XII of the BPVC
contains requirements for construction
and continued service of ASME
pressure vessels for the transportation of
dangerous goods with design pressures
appropriate for the transportation mode
and volumes greater than 450 liters (120
gallons) via highway, railway, air, or
water. The construction requirements
cover materials, design, fabrication,
examination, inspection, testing,
certification, and over-pressure
protection. The requirements for
continued service cover inspection,
testing, repair, alteration, and
recertification of in-service ASME
stamped transport tanks. These
transport tank requirements include the
pressure vessel, appurtenances, and
additional components that are covered
by Modal Appendices for the specific
transport modes and unique service
conditions of the specific application.
The 2004 edition contains one Modal
Appendix for portable tanks carrying
cryogenic liquids. The 2007 edition was
expanded to include the Modal
Appendix for cargo tanks. The 2010
edition was expanded to include the
Modal Appendix for ton tanks. [P–1459;
Docket No. PHMSA–2005–21351].
2. On February 27, 2006, PVMA
petitioned PHMSA to revise the HMR to
incorporate by reference the ASME
Boiler and Pressure Vessel Code,
Section XII Transport Tanks—2004
edition. PVMA and several of its
member companies participated in the
development of Section XII, which
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contains design requirements for tanks
and pressure vessels that several of its
members manufacture. [PHMSA; P–
1474; Docket No. PHMSA–2006–24712].
3. On July 12, 2007, the National
Board of Boiler and Pressure Vessel
Inspectors petitioned PHMSA to revise
the HMR to incorporate by reference the
National Board Inspection Code—2007
Edition. The NBIC contains rules for
continued service inspections, repairs,
and modifications of transport tanks,
including methods to be used and
criteria for inspections, reports,
document control, and inspector duties
and responsibilities. The term
‘‘inspector’’ includes Authorized
Inspector (AI), Qualified Inspector (QI),
Certified Individual (CI) or Registered
Inspector (RI) to address all aspects of
continued service. The NBIC has
updated the 2007 edition with a 2010
addendum. [P–1502; Docket No.
PHMSA–2007–28809].
IV. ASME BPVC Section XII
ASME is a not-for-profit membership
professional organization that enables
collaboration, knowledge-sharing, and
skill development across all engineering
disciplines. ASME is recognized
globally for its leadership in providing
the engineering community with
technical content and a forum for
information exchange. Development
committees meet regularly to consider
revisions to the ASME codes and
standards based on safety concerns,
technological advances, new data, and
changing environmental and industry
needs. All meetings are free of charge
and open to public participation. ASME
subcommittees consider correspondence
from the general public in the form of
requests for interpretation and revision
to existing codes, requests for code
cases, and requests to develop new
standards.
In 1995, at the request of the Research
and Special Programs Administration,
PHMSA’s predecessor agency, the
ASME Board on Pressure Technology
Codes and Standards formed a
subcommittee on transport tanks (SC
XII) to develop new standards to
specifically address transport tanks with
active participation by PHMSA. SC XII
presides over a main committee, three
subgroups identified as: (1) General
Requirements, (2) Fabrication and
Examination, and (3) Design and
Materials. Subsequently, SC XII
developed and published in July of 2004
the ASME BPVC Section XII, Rules for
Construction and Continued Service of
Transport Tanks to address pressure
vessels that are used in transportation.
Section XII is based on the existing and
long-established BPVC Section VIII.
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Section XII, 2010 edition, consists of ten
parts, four modal appendices written to
address different tank types, sixteen
mandatory appendices, and eight nonmandatory appendices. Transport tanks
are divided into categories designed
specifically to mirror existing DOT
specifications; for example, a DOT 406
cargo tank is a Category 406 tank in
Article 1 of Modal Appendix 1. The
2010 edition contains modal appendices
for cargo tanks, cryogenic portable
tanks, and ton tanks. For the purposes
of this notice, PHMSA is considering a
proposal to incorporate Section XII, in
its entirety, for Category 331, 338, 406,
407, and 412 cargo tanks, cryogenic
portable tanks, and ton tanks. PHMSA is
seeking comments as to whether Section
XII should be proposed for
incorporation into the HMR as an
alternative or as a replacement for
existing HMR requirements for DOT
specification CTMVs, cryogenic portable
tanks, and ton tanks.
Section VIII applies to construction of
new tanks only. Tanks constructed and
certified in accordance with Section VIII
are marked with a ‘‘U’’ stamp. Section
XII applies to new construction and
continued service. As defined in Section
XII, ‘‘continued service’’ is an allinclusive term referring to the
inspection, testing, repair, alteration,
and recertification of transport tanks
that have been in service. As stated
earlier, Section XII is divided into ten
parts. PHMSA is considering
incorporating all ten parts, the three
modal appendices for specification
cargo tanks, cryogenic portable tanks,
and ton tanks, and each of the nonmandatory appendices. The ten parts
are: TG—GENERAL REQUIREMENTS;
TM—MATERIAL REQUIREMENTS;
TD—DESIGN REQUIREMENTS; TW—
REQUIREMENTS FOR TANKS
FABRICATED BY WELDING; TFFABRICATION REQUIREMENTS; TE—
EXAMINATION REQUIREMENTS;
TT—TESTING REQUIREMENTS; TR—
PRESSURE—RELIEF DEVICES; TS—
STAMPING, MARKING,
CERTIFICATION, REPORTS, AND
RECORDS; and TP—REQUIREMENTS
FOR REPAIR, ALTERATION, TESTING,
AND INSPECTION FOR COTINUED
SERVICE. Section XII requires newly
constructed transport tanks to bear a ‘‘T’’
stamp. The ‘‘T’’ stamp is essentially
equivalent to the current ‘‘U’’ stamp
required for certain DOT cargo tanks
designed and constructed to Section VIII
standards, currently incorporated by
reference in the HMR. PHMSA is
considering whether to adopt Section
XII, in its entirety, as a replacement for
existing DOT specification tanks, or as
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an alternative to the design and
construction requirements for DOT
specification tanks.
In this ANPRM, PHMSA refers to the
2010 edition of ASME Section XII.
However, ASME continues to work on
updates to Section XII, and we will
consider adoption of the most recent
edition if PHMSA proceeds with a
notice of proposed rulemaking (NPRM).
A copy of Section XII, 2010 edition, is
available for review at DOT’s Docket
Operations Office (see ADDRESSES). The
current price of Section XII in hard copy
is $450.
V. NBIC
The National Board of Boiler and
Pressure Vessel Inspectors was formed
in 1921 and is an American National
Standards Institute (ANSI) accredited
standards development organization.
The National Board follows an approved
set of standards development
procedures (NB–240, National Board
Inspection Code Procedures; https://
www.nationalboard.org) and is subject
to regular audits by ANSI.
First published in 1946, the NBIC was
established by the National Board to
provide rules and guidelines for the
repair, alteration, inspection,
installation, maintenance, and testing of
boilers, pressure vessels, and other
pressure retaining items. The NBIC is
developed and maintained by a
consensus committee comprised of
industry experts (the NBIC Committee).
The NBIC Committee consists of a main
committee, subcommittees, subgroups,
and task groups of industry experts and
has Federal representation by PHMSA.
Participants meet bi-annually to
consider revisions to the NBIC based on
safety concerns, technological advances,
new data, and industry needs. All
meetings are free of charge and open to
public participation. The NBIC
subcommittees consider correspondence
from the general public in the form of
requests for interpretation and revision
of existing standards and requests to
develop new standards. The standardswriting subcommittees, subgroups, and
task groups are open to participation by
representatives of groups that are
materially affected by the code. Such
groups include manufacturers, repair
firms, authorized inspection agencies,
and representatives of government
agencies. Each year the NBIC Committee
updates the NBIC and presents the
updates on the National Board’s website
for public review in April-May and
August-September. Finalized updates
are published annually as an
addendum.
Section XII requires all alterations and
repairs to the pressure vessel of a
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transport tank to be performed in
accordance with the NBIC and requires
an inspection to be performed by a
National Board inspector. The NBIC
Committee established a task group to
develop requirements for continued
service, repair, and alteration of Section
XII transport tanks. The task group
includes PHMSA and industry
representatives. The Committee’s efforts
culminated in the issuance of two new
supplements. The first is Supplement 6,
‘‘Continued Service and Inspection of
DOT Transport Tanks.’’ This appears in
Section 6, ‘‘Supplements’’ of Part 2,
‘‘Inspection.’’ This document describes
inspection of in service transport tanks.
The second is Supplement 6, ‘‘Repair,
Alteration, and Modification of DOT
Transport Tanks.’’ This appears in
Section 6, ‘‘Repairs and Alterations—
Supplements’’ of Part 3—‘‘Repair.’’ This
document contains general
requirements that apply to welding,
repairs, alterations, modifications,
examinations, etc. made to DOT
transport tanks used for the
transportation of hazardous materials.
These supplements also specify the type
of inspection to be performed and
establish the criteria for inspections,
reports, document maintenance, and
inspector duties and responsibilities.
The criteria are generally based on
requirements in Part 180 of the HMR.
PHMSA is considering whether to
adopt the NBIC for alterations, repairs
and inspections performed on ASME
stamped portable tanks, specification
cargo tanks, and ton tanks used for the
transportation of hazardous materials. In
this ANPRM, we refer to the 2007
edition of the NBIC and the 2010
addendum. However, the National
Board continues to work on updates to
the NBIC, and PHMSA will consider
adoption of the most recent edition if
we proceed with an NPRM. A copy of
the 2007 edition of the NBIC is available
for review at DOT’s Docket Operations
Office (see ADDRESSES appearing earlier
in this notice). The current cost of the
complete NBIC set is $150 for the hard
copy and $395 for the electronic format.
VI. Voluntary Consensus Standards
The ASME BPVC and the NBIC are
international voluntary consensus
standards. The National Technology
Transfer and Advancement Act of 1995,
Public Law 104–113, requires agencies
to use technical standards that are
developed or adopted by voluntary
consensus standards bodies unless the
use of such a standard is inconsistent
with applicable law or is otherwise
impractical. Public Law 104–113
requires Federal agencies to use
industry consensus standards to the
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extent practical; it does not require
Federal agencies to endorse a standard
in its entirety. The law does not prohibit
an agency from generally adopting a
voluntary consensus standard while
taking exception to specific portions of
the standard if those provisions are
deemed to be ‘‘inconsistent with
applicable law or otherwise
impractical.’’ Taking specific exceptions
furthers the Congressional intent of
Federal reliance on voluntary consensus
standards because it allows the adoption
of substantial portions of consensus
standards without the need to reject the
standards in their entirety because of
limited provisions that are not
acceptable to the agency. It has been
PHMSA’s practice to review new
editions and addenda of the ASME
BPVC and NBIC and periodically update
§ 171.7 to incorporate newer editions
and addenda by reference. New editions
of the subject codes are issued every
three years; addenda to the editions are
issued yearly except in years when a
new edition is issued. The BPVC was
last incorporated by reference into the
regulations under Docket No. RSPA–99–
6213 (HM–218) (August 18, 2000; 65 FR
50450). In that final rule, § 171.7 was
revised to incorporate by reference the
1998 edition of Sections II (Parts A and
B), V, VIII (Division I) and IX, of the
BPVC. The NBIC 1992 Edition was
incorporated by reference under Docket
HM–183C (November 3, 1994; 59 FR
55162).
VII. Current HMR, Section XII, and
NBIC Requirements
A. Design and Construction of Cryogenic
Portable Tanks
Sections 178.274 and 178.277 of the
HMR contain requirements for the
design, construction, certification,
inspection, and testing of UN portable
tanks intended for the transportation of
refrigerated liquefied gases. The HMR
requires that the shells and welds of
these portable tanks must be designed,
constructed, certified, inspected, tested
and stamped in accordance with Section
VIII of the BPVC. BPVC Section XII
includes rules for the design,
construction, certification, inspection,
and testing of cryogenic portable tanks
that address conditions and stresses
unique to the transportation of
cryogenic portable tanks. However,
Section XII differs from the HMR with
respect to design margins for cryogenic
portable tanks (i.e., 3.5:1 rather than
4.0:1). The 3.5:1 design margin is based
upon successful experience with vessels
designed to the Code rules, improved
materials and fabrication practices, new
and more sophisticated design methods,
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toughness requirements, and
nondestructive examination technology.
PHMSA believes that adopting this new
design margin by incorporating Section
XII in the HMR would update current
regulations in recognition of the
technological enhancements referred to
above, maintain an equivalent level of
safety to existing regulations, and
relieve unnecessary economic burden to
manufacturers and users of cryogenic
portable tanks by allowing for the
design and construction of thinner
walled tanks. Therefore, PHMSA is
considering whether to permit the
design, construction, certification,
inspection, and testing of UN portable
tanks intended for the transportation of
refrigerated liquefied gases in
accordance with Section XII.
B. Design and Construction of CTMVs:
Identified Differences Between HMR and
Section XII Requirements
Sections 178.337–178.348 of the
current HMR contain requirements for
the design, construction, certification,
inspection, and testing of CTMVs
intended for the transportation of
hazardous materials. CTMVs
conforming to the MC 331, MC 338, and
DOT 407 specifications with a
maximum allowable working pressure
(MAWP) greater than 35 psig or
designed to be loaded by vacuum, and
to the DOT 412 specification with a
MAWP greater than 15 psig must be
designed, constructed, and certified in
accordance with Section VIII, Division 1
of the 1998 ASME Code. As defined in
§ 173.320, the term ‘‘constructed and
certified in accordance with the ASME
Code’’ means a cargo tank is constructed
and stamped in accordance with the
ASME Codes and is inspected and
certified by an AI. CTMVs conforming
to the DOT 406, and the lower pressure
DOT 407 and 412 specifications must be
constructed in accordance with the
ASME Code. The term ‘‘constructed in
accordance with the ASME Code’’ means
a cargo tank is constructed in
accordance with Section VIII, Division 1
of the ASME Codes with authorized
exceptions and is inspected and
certified by a RI. The manufacturer of
the cargo tank or CTMV must hold a
current ASME Certificate for use of the
ASME ‘‘U’’ stamp but the tank is not
required to be ASME stamped. Under
Section XII, all newly manufactured
cryogenic portable tanks and
specification CTMVs constructed in
accordance with the Code must be
stamped with a ‘‘T’’ stamp.
The Section XII requirements were
harmonized with the HMR requirements
to the extent practicable. During the
development of Section XII, the SC XII
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committees addressed various cargo
tank concerns that industry brought to
the attention of PHMSA and FMCSA,
over the past several years.
At the request of PHMSA, ASME
supplemented its original petition for
rulemaking with information identifying
particular differences between Section
XII and the HMR requirements. PHMSA
encourages commenters to review and
comment on these and any other
differences between ASME Section XII
and the HMR that are relevant to this
endeavor. In addition, the Docket for
this ANPRM includes several reports
containing research, analysis, and
evaluation of various technical
standards that have been adopted in
ASME Section XII.
srobinson on DSKHWCL6B1PROD with PROPOSALS
1. 3.5 Design Margin in Lieu of 4.0 for
All Vessels
Improvements to Section VIII Division
1 Code rules over the past 50 years,
successful experience with vessels
designed to the Code rules, improved
materials and fabrication practices, new
and more sophisticated design methods,
toughness requirements, and
nondestructive examination technology
have led to a reduced design margin in
Section VIII, Division 1. In 1999, ASME
adopted a design margin of 3.5 on
ultimate tensile strength in lieu of the
value of 4.0 that had existed since the
1940s. In Section XII, ASME adopted
the new design margin after careful
consideration and deliberations of the
technical facts previously mentioned as
well as other factors that influence
transportation safety.
The new design margins may have a
significant effect on newly constructed
transport tanks. For those tanks where
the minimum thicknesses are controlled
by pressure, they may be thinner/lighter
than those constructed using a design
margin of 4.0. PHMSA has issued
several special permits allowing a 3.5:1
design margin. PHMSA has reviewed
the incident data for these tanks and has
not identified any incidents that would
indicate a reduction in safety. PHMSA
is soliciting comments on potential
safety and economic impacts of
adopting the new Section XII
requirement allowing a 3.5:1 design
margin.
2. Special Materials Testing and
Fabrication Requirements for MC 331
Tanks
Section XII Modal Appendix 1—
‘‘Cargo Tanks’’ discontinues certain
obsolete requirements for construction
of MC 331 cargo tanks that are still
required in §§ 178.337–2 and 178.337–
4. This revision modernizes material
specification designations and
eliminates obsolete material
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specifications. It also eliminates certain
obsolete material impact test
requirements, especially for quenched
and tempered materials. PHMSA has
issued several special permits allowing
the use of the newer material
specifications in the ASME Code for
construction and repair. A review of
historical incident data shows an
acceptable safety history with no
reported incidents. PHMSA is soliciting
comments on the safety and economic
impacts of adopting the new Section XII
reqirements for the testing and
fabrication of special materials for
construction and repair of MC 331 cargo
tanks.
3. Standardization of Allowable Peak
Secondary Stresses for MC 331
CargoTanks
The requirements in Modal Appendix
1–3.5.5 and 1–3.5.1(a)(1)(b) standardize
the allowable peak secondary stress
levels resulting from short interval, nonpersistent loads to that permitted for
lading surge loads for MC 331 cargo
tanks by § 178.337–3(d). See also 1–
3.5.5 & 1–3.5.6 and footnote 1. The
Appendix also aligns the MC 331 cargo
tank design with the design standard of
the DOT 400-series cargo tanks for short
interval peak loads. PHMSA-sponsored
research and guidance, and
understanding of current ASME
requirements, provide the basis for
consideration of this revision. PHMSA
solicits comments on the safety and
economic impacts of adopting the
Section XII requirement for allowable
peak secondary stresses for MC 331
cargo tanks.
4. Rational Design of Non-circular Tanks
Rational design under Appendix VIII
of Section XII leads to shell and head
thicknesses of up to 15% less than what
tank manufacturers currently use. Such
a difference results in a tank with at
least 2% more payload capacity. Cooperative research and development
efforts by PHMSA, ASME, and industry
have served as the technical basis for
incorporation of the rational design
method in Section XII. PHMSA is
soliciting comments on the safety and
economic impacts of incorporating the
Section XII rational design method for
non-circular tanks.
5. Non Mandatory Appendix C—
Specified Minimum Thicknesses
Non-mandatory Appendix C contains
data reports that specify minimum
allowed thickness for pressure parts
instead of nominal thickness and
corrosion allowance currently specified.
PHMSA is soliciting comments on the
safety and economic impacts of using
minimum allowed thickness for
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pressure parts instead of nominal
thickness and corrosion allowance.
C. Continued Service of CTMVs,
Portable Tanks, and Ton Tanks: Roles of
Inspectors HMR
Part 180 of the HMR specifies
continued service requirements for DOT
and UN portable tanks and DOT
specification and certain nonspecification CTMVs. Specific
requirements for the qualification,
maintenance, repair, and testing of
packagings are located in 49 CFR Part
180: Subpart E for CTMVs, Subpart F for
ton tanks, and Subpart G for portable
tanks. Incorporation of Section XII and
the NBIC for continued service
requirements for these ASME stamped
bulk packagings could impact the roles
and responsibilities of persons who
perform tests, inspections,
modifications, alterations, and repairs.
PHMSA is soliciting comments on how
the continued service requirements and
the role of inspectors should be
addressed in the HMR if Section XII and
the NBIC are incorporated by reference.
To ensure that DOT specification
cargo tanks are designed, constructed,
and maintained in accordance with the
applicable specification, the HMR
require that each person who certifies
CTMV design, construction, repair, or
testing meet certain minimum
qualifications. The qualification criteria
are based on the function performed.
Professionals who meet the
qualifications set forth in the HMR for
DCE, AI, and RI perform continued
service functions.
The HMR require the use of a DCE to
certify each specification cargo tank or
CTMV design type, including its
required accident damage protection;
the design of a modified, stretched, or
rebarrelled CTMV; or mounting of a
cargo tank on a motor vehicle chassis
involving welding on the cargo tank
head or shell or any change or
modification of the methods of
attachment. A DCE as defined in § 171.8
means a person registered with the
Department in accordance with subpart
F of part 107 of the HMR who has the
knowledge and ability to perform stress
analysis of pressure vessels and
otherwise determine whether a cargo
tank design and construction meets the
applicable DOT specification. A DCE
must fulfill the knowledge and ability
requirements by meeting any one of the
following qualifications: (1) Have an
engineering degree and one year of work
experience in cargo tank structural or
mechanical design: (2) be currently
registered as a professional engineer by
appropriate authority of a State of the
United States or a Province of Canada;
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or (3) have at least three years’
experience in performing the duties of
a DCE prior to September 1, 1991.
Additionally, the HMR require the use
of an AI to certify cargo tanks
constructed and certified in accordance
with the ASME Code, as discussed
earlier in this notice under ‘‘B. Design
and Construction of CTMVs: Identified
Differences Between HMR and Section
XII Requirements.’’ An AI is defined in
§ 171.8 to mean an Inspector who is
currently commissioned by the National
Board of Boiler and Pressure Vessel
Inspectors and employed as an
Inspector by an Authorized Inspection
Agency. Also, this section defines an
Authorized Inspection Agency to mean:
(1) A jurisdiction which has adopted
and administers one or more sections of
the ASME Boiler and Pressure Vessel
Code as a legal requirement and has a
representative serving as a member of
the ASME Conference Committee; or (2)
an insurance company which has been
licensed or registered by the appropriate
authority of a State of the United States
or a Province of Canada to underwrite
boiler and pressure vessel insurance in
such State or Province.
The HMR require the use of an RI to
certify specification cargo tank motor
vehicle construction, assembly, or repair
of a tank ‘‘constructed in accordance
with the ASME Code.’’ Section 171.8
defines the RI as a person registered
with the Department in accordance with
subpart F of part 107 of the HMR who
has the knowledge and ability to
determine whether a cargo tank
conforms to the applicable DOT
specification. The RI must have: (1) An
engineering degree and one year of work
experience relating to the testing and
inspection of cargo tanks; (2) an
associate degree in engineering and two
years of work experience relating to the
testing and inspection of cargo tanks; (3)
a high school diploma (or General
Equivalency Diploma) and three years of
work experience relating to the testing
and inspection of cargo tanks; or (4) at
least three years of experience
performing the duties of an RI prior to
September 1, 1991. The RI must be
familiar with DOT specification cargo
tanks and trained and experienced in
use of the inspection and testing
equipment used. While there are narrow
exceptions that permit persons who do
not qualify as RIs to perform select
inspections and tests (see § 180.409(b),
(c), and (d)), in general, a cargo tank
constructed in accordance with a DOT
specification for which a qualification
test or inspection is due, may not be
filled and offered for transportation or
transported until the test or inspection
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has been successfully completed by the
RI.
Section XII
Section XII requires all alterations and
repairs to the pressure vessel of a
transport tank to be performed in
accordance with the NBIC and requires
an inspection to be performed by a
National Board inspector. The inspector,
depending on the class designation of
the transport tank, must be an
Authorized Inspector (AI), Qualified
Inspector (QI), or Certified Individual
(CI).
Under Section XII, an AI is defined as
an inspector regularly employed by an
ASME-accredited Authorized Inspection
Agency (AIA), who has been qualified to
ASME-developed criteria to perform
inspections under the rules of any
jurisdiction that has adopted the ASME
Code. The AI may not be in the employ
of the manufacturer. The AIA’s and
supervisor’s duties and qualifications
and AI’s qualifications are as required in
the latest edition and addenda of ASME
QAI–1, Qualifications for Authorized
Inspection. Under ASME QAI–1, An
Authorized Inspector must hold a valid
Certificate of Competency (where
required), as defined in National Board
Rules for Commissioned Inspectors, and
a valid National Board Commission
with an ‘‘A’’ endorsement. The inspector
must have satisfactory expertise,
experience, and background for the
inspection of boilers and pressure
vessels and demonstrate the ability to
perform shop and field (on-site)
inspections to the satisfaction of the
AIA. The inspector must have
knowledge of applicable sections of the
ASME Code, Quality Control Programs,
and requirements for the maintenance
and retention of in-transit and
permanent records. Finally, the
inspector must receive a passing grade
on an examination given by the National
Board that evaluates the individual’s
knowledge of, and familiarity with, the
ASME Code, and comply with the
National Board’s rules for
commissioned inspectors.
A QI is defined as an inspector
regularly employed by an ASME
Qualified Inspection Organization (QIO)
who has been qualified to ASMEdeveloped criteria by a written
examination, to perform inspections
under the rules of any jurisdiction that
has adopted the ASME Code. The QI
may not be in the employ of the
manufacturer. The QIO’s and
supervisor’s duties and qualifications
and the QI’s qualifications are as
required in the latest edition and
addenda of ASME QAI–1, Qualifications
for Authorized Inspection. Under ASME
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QAI–1, a Qualified Inspector must hold
a valid Certificate of Competency
(where required), as defined in National
Board Rules for Commissioned
Inspectors, and a valid National Board
certification as a Qualified Inspector.
The inspector must have satisfactory
expertise, experience, and background
for the inspection of boilers and
pressure vessels and demonstrate the
ability to perform shop and field (onsite) inspections to the satisfaction of
the QIA. The inspector must have
knowledge of applicable sections of the
ASME Code, Quality Control Programs,
and requirements for the maintenance
and retention of in-transit and
permanent records. Finally, the
inspector must receive a passing grade
on an examination given by the National
Board that evaluates the individual’s
knowledge of, and familiarity with, the
ASME Code. The Qualified Inspector
must comply with the National Board’s
rules for qualified inspectors.
A CI is defined as an individual
certified by an ASME accredited
organization authorized to use ASME
marks, as either a full-time or part-time
employee or contractor to the ASME
certificate holder. The CI is neither an
AI nor a QI and must be certified and
qualified to perform inspections by the
CI’s employer. The CI may be in the
employ of the manufacturer or
assembler. Minimum qualifications
include: (a) Knowledge of the
requirements of Section XII for
application of the appropriate Code
Symbol stamp; (b) Knowledge of the
Manufacturer’s or Assembler’s Quality
System Program; and (c) Training
commensurate with the scope,
complexity, or special nature of the
activities to which oversight is to be
provided. A record must be maintained
and certified by the manufacturer or
assembler, containing objective
evidence of the qualifications of the CI
and training provided the CI’s
qualifications and duties are as required
in the latest edition and addenda of
ASME QAI–1, Qualifications for
Authorized Inspection.
Additionally, for continued service,
Users may perform inspections and tests
if no rerating, repairs, or alterations
requiring welding are performed. Users
may perform continued service
inspections, including repairs and
alterations if the User possesses a valid
National Board Owner/User Certificate
of Authorization. Inspectors employed
by the Owner/User may perform
continued service inspections,
including repairs and alterations if the
individual possesses a National Board
Owner/User commission.
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Section XII assigns transport tanks to
three separate classes depending on the
design of the tank. Each class includes
transport tank designs that generally
correspond to existing DOT
specifications. The NBIC inspection
requirements correspond to the class of
transport tank as assigned in the Section
XII Modal Appendices. In the table
below, PHMSA lists each class of
transport tank to be constructed or
repaired and the type of inspector
80771
required to perform the inspection.
Currently there are no specifications in
Section XII for Class 2 tanks. However,
Class 2 tanks are expected to be added
in future editions.
TRANSPORT TANK CLASSES UNDER ASME SECTION XII, 2010 EDITION
Class
Current specification in HMR
Class 1 ...............................................................
UN cryogenic portable tanks (See § 178.277);
DOT 407 MAWP > 35 psi (See § 178.347);
DOT 412 MAWP > 15 psi (See § 178.348);
MC 338 (See § 178.338); MC 331 (See
§ 178.337); DOT 106A and 110AW (See
§ 179.300).
...........................................................................
DOT 406 (See § 178.346); DOT 407 MAWP ≤
35 psi (See § 178.347); DOT 412 MAWP ≤
15 psi (See § 178.348).
Class 2 ...............................................................
Class 3 ...............................................................
Repairs and alterations must be
performed by organizations holding a
valid National Board ‘‘TR’’ certificate of
Authorization and in possession of the
appropriate National Board Code
symbol stamp. Alternatively,
organizations employing Owner/User/
Inspectors and in possession of a valid
Owner/User Certificate of Authorization
issued by the National Board may repair
and perform alterations on transport
tanks owned and operated by the
Owner/User Certificate of Authorization
holder.
The periodic inspection and test
frequencies for cargo tanks are specified
in Modal Appendix 1 of Section XII.
Periodic inspection and test frequencies
for cryogenic portable tanks are
specified in Modal Appendix 3 of
Section XII. The periodic inspection and
test frequencies are consistent with
those specified currently in the HMR for
cargo tanks and portable tanks.
srobinson on DSKHWCL6B1PROD with PROPOSALS
VIII. Questions
PHMSA asks commenters to provide
data and information on the following
issues:
A. Cargo Tanks
1. Are there substantial differences
between the construction and continued
service requirements of the HMR and
the ASME BPVC Section XII for cargo
tanks? If so, what are the potential costs,
burdens, or safety problems associated
with incorporating Section XII and the
NBIC for the construction and
continued service of these tanks?
2. For existing cargo tanks designed,
constructed and stamped with the
ASME BPVC Section VIII ‘‘U’’ stamp, are
there substantial differences between
the continued service requirements of
the HMR and the most recent edition of
the NBIC? If so, what are the potential
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costs and burdens associated with
incorporating the NBIC for existing ‘‘U’’
stamped bulk packagings?
3. Should PHMSA adopt through
incorporation by reference the ASME
BPVC Section XII and the most recent
edition of the NBIC for construction and
continued service of cargo tanks? If so,
which existing requirements of the HMR
should be replaced with references to
these consensus standards?
4. Would incorporation of the ASME
BPVC Section XII and the NBIC for
construction and continued service of
cargo tanks positively affect
transportation safety, and/or reduce
industry costs?
5. If PHMSA incorporates Section XII
and the NBIC for the construction and
continued service of cargo tanks, how
long of a transition period would be
needed to train employees to use these
consensus standards? What are the
associated costs of training?
6. Are the ASME BPVC Section XII
and the NBIC rules of construction and
continued service of cargo tanks
consistent with current HMR
requirements? If not, should PHMSA
consider general adoption of the
consensus standards while taking
exception to specific portions of the
standards?
7. Are there any potential compliance
issues related to incorporating by
reference Section XII and the newest
edition of the NBIC in the HMR for the
construction and continued service of
cargo tanks?
B. Cryogenic Portable Tanks
1. Are there substantial differences
between the construction and continued
service requirements of the HMR and
the ASME BPVC Section XII for
cryogenic portable tanks? If so, what are
the potential costs, burdens, or safety
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Type of inspector
Authorized Inspector
Qualified Inspector , or Authorized Inspector
Certified Individual, Authorized Inspector, or
Qualified Inspector
problems associated with incorporating
Section XII and the NBIC for the
construction and continued service of
these tanks?
2. For existing cryogenic portable
tanks designed, constructed and
stamped (‘‘U’’ stamp) in accordance with
ASME BPVC Section VIII, are there
substantial differences between the
continued service requirements of the
HMR and the most recent edition of the
NBIC? If so, what are the potential costs
and burdens associated with
incorporating the latest edition of the
NBIC?
3. Should PHMSA adopt through
incorporation by reference the ASME
BPVC Section XII and the most recent
edition of the NBIC for construction and
continued service of cryogenic portable
tanks? If so, which existing
requirements of the HMR should be
replaced with references to these
consensus standards?
4. Would incorporation of the ASME
BPVC Section XII and the latest edition
of the NBIC for construction and
continued service of cryogenic portable
tanks positively affect transportation
safety, and/or reduce industry costs?
5. If PHMSA incorporates Section XII
and the NBIC for the construction and
continued service of cryogenic portable
tanks, how long of a transition period
would be needed to train employees to
use these consensus standards? What
are the associated costs of training?
6. Are the ASME BPVC Section XII
and the NBIC rules of construction and
continued service of cryogenic portable
tanks consistent with current HMR
requirements? If not, should PHMSA
consider general adoption of the
consensus standards while taking
exception to specific portions of the
standards?
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Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Proposed Rules
7. Are there any potential compliance
issues related to incorporating by
reference Section XII and the newest
edition of the NBIC in the HMR for the
construction and continued service of
cryogenic portable tanks?
srobinson on DSKHWCL6B1PROD with PROPOSALS
C. Multi-Unit Tank Car Tanks (Ton
Tanks)
1. Are there substantial differences
between the construction and continued
service requirements of the HMR and
the ASME BPVC Section XII for multiunit tank car tanks? If so, what are the
potential costs, burdens, or safety
problems associated with incorporating
Section XII and the NBIC for the
construction and continued service of
these tanks?
2. For existing multi-unit tank car
tanks designed and constructed in
accordance with the HMR, are there
substantial differences between current
continued service requirements and the
NBIC? If so, what are the potential costs
and burdens associated with
incorporating the latest edition of the
NBIC?
3. Should PHMSA adopt through
incoporation by reference the ASME
BPVC Section XII and the most recent
edition of the NBIC for construction and
continued service of mult-unit tank car
tanks? If so, which existing
requirements of the HMR should be
replaced with references to these
consensus standards?
4. Would incorporation of the ASME
BPVC Section XII and the latest edition
of the NBIC for construction and
continued service of mult-unit tank car
tanks positively affect transportation
safety, and/or reduce industry costs?
5. Are the ASME BPVC Section XII
and the NBIC rules of construction and
continued service of mult-unit tank car
tanks consistent with current HMR
requirements? If not, should PHMSA
consider general adoption of the
consensus standards while taking
exception to specific portions of the
standards?
6. Are there any potential compliance
issues related to incorporating by
reference Section XII and the the newest
edition of the NBIC in the HMR for the
construction and continued service of
mult-unit tank car tanks?
IX. Additional Issues
PHMSA will base any future proposal
for changes on the suggestions and
comments provided by interested
parties and our own initiatives.
Additionally, any proposals would
include the analyses required under the
following statutes and executive orders
in the event we determine that
rulemaking is appropriate:
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A. Executive Order 12866 and DOT
Regulatory Policies and Procedures
Executive Order (E.O.) 12866 requires
agencies to regulate in the ‘‘most costeffective 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.’’ We
therefore request comments, including
specific data if possible, concerning the
costs and benefits that may be
associated with revisions to the HMR
based on the issues presented in this
notice. A rule that is considered
significant under E.O. 12866 must be
reviewed and cleared by the Office of
Management and Budget before it can be
issued.
B. Executive Order 13132
E.O. 13132 requires agencies to assure
meaningful and timely input by state
and local officials in the development of
regulatory policies that may have a
substantial, direct effect 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. Incorporation of
new consensus standards by reference
in the HMR may impact state and local
CTMV enforcement programs. Potential
impacts include the cost of purchasing
the consensus standards and training
employees in the use of the consensus
standards. We invite state and local
governments with an interest in this
rulemaking to comment on any effect
that revisions to the HMR to address the
issues outlined in this notice may cause.
C. Executive Order 13175
E.O. 13175 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 that impose
‘‘substantial and direct compliance
costs’’ on such communities. We invite
Indian tribal governments to provide
comments if they believe there will be
an impact.
D. Regulatory Flexibility Act, Executive
Order 13272, and DOT Policies and
Procedures
Under the Regulatory Flexibility Act
of 1980 (5 U.S.C. 601 et seq.), we must
consider whether a proposed rule 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
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with populations under 50,000. If you
believe that revisions to the HMR to
address the issues discussed in this
notice would have a significant
economic impact on small entities,
please provide information on such
impacts.
Any future proposed rule would be
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 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.
F. Environmental Assessment
The National Environmental Policy
Act, 42 U.S.C. 4321–4375, requires
federal agencies to analyze proposed
actions to determine whether the action
will have a significant impact on the
human environment. The Council on
Environmental Quality (CEQ)
regulations order 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. 40 CFR
§ 1508.9(b). PHMSA welcomes any data
or information related to environmental
impacts that may result from a future
rulemaking addressing the issues
discussed in this notice.
G. International Trade Analysis
The Trade Agreements Act of 1979
(Pub. L. 96–39), as amended by the
Uruguay Round Agreements Act (Pub.
L. 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
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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 would assess the effects
of any rule to ensure that it does not
exclude imports that meet this objective.
Accordingly, any proposals would be
consistent with PHMSA’s obligations
under the Trade Agreement Act, as
amended.
H. Statutory/Legal Authority for This
Rulemaking
49 U.S.C. 5103(b) authorizes the
Secretary of Transportation to prescribe
regulations for the safe transportation,
including security, of hazardous
materials in intrastate, interstate, and
foreign commerce.
I. 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 crossreference this action with the Unified
Agenda.
Issued in Washington, DC, on December
17, 2010 under authority delegated in 49 CFR
part 106.
Magdy El-Sibaie,
Associate Administrator for Hazardous
Materials Safety.
[FR Doc. 2010–32231 Filed 12–22–10; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 217
[Docket No. 100806326–0374–01]
srobinson on DSKHWCL6B1PROD with PROPOSALS
RIN 0648–AY99
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Space Vehicle
and Missile Launch Operations at
Kodiak Launch Complex, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
VerDate Mar<15>2010
16:52 Dec 22, 2010
Jkt 223001
NMFS has received an
application, pursuant to the Marine
Mammal Protection Act (MMPA), from
the Alaska Aerospace Corporation
(AAC) for authorization to take small
numbers of marine mammals incidental
to launching space launch vehicles,
long-range ballistic target missiles, and
other smaller missile systems at the
Kodiak Launch Complex (KLC) for the
period of February 2011 through
February 2016. Pursuant to the MMPA,
NMFS is requesting comments on its
proposal to issue regulations and
subsequent Letters of Authorization
(LOAs) to AAC to incidentally harass
Steller sea lions (Eumetopias jubatus)
and harbor seals (Phoca vitulina) during
the specified activity.
DATES: Comments and information must
be received no later than January 24,
2011.
ADDRESSES: You may submit comments,
identified by 0648–AY99, by any one of
the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal: https://
www.regulations.gov.
• Hand delivery or mailing of paper,
disk, or CD–ROM comments should be
addressed to P. Michael Payne, Chief,
Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service, 1315
East-West Highway, Silver Spring, MD
20910–3225.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information. NMFS will
accept anonymous comments (enter
N/A in the required fields if you wish
to remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only. A copy of
the application containing a list of
references used in this document and
Environmental Assessments (EAs)
related to this action may be obtained by
writing to the above address, by
telephoning the contact listed under FOR
FURTHER INFORMATION CONTACT, or on the
Internet at: https://www.nmfs.noaa.gov/
pr/permits/incidental.htm#applications.
Documents cited in this proposed rule
may also be viewed, by appointment,
during regular business hours at the
above address. To help NMFS process
and review comments more efficiently,
SUMMARY:
PO 00000
Frm 00044
Fmt 4702
Sfmt 4702
80773
please use only one method to submit
comments.
FOR FURTHER INFORMATION CONTACT:
Michelle Magliocca, Office of Protected
Resources, NMFS, (301) 713–2289, ext
123.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
authorization is provided to the public
for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the identified species or stock(s), will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth in the regulations. NMFS has
defined ‘‘negligible impact’’ in 50 CFR
216.103 as ‘‘* * * an impact resulting
from the specified activity that cannot
be reasonably expected to, and is not
reasonably likely to, adversely affect the
species or stock through effects on
annual rates of recruitment or survival.’’
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as:
Any act of pursuit, torment, or annoyance
which (i) has the potential to injure a marine
mammal or marine mammal stock in the wild
[Level A harassment]; or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns, including,
but not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
[Level B harassment].
Summary of Request
On June 4, 2010, NMFS received a
complete application for regulations
from AAC for the taking of small
numbers of marine mammals incidental
to launching space launch vehicles,
long-range ballistic target missiles, and
other smaller missile systems at the
KLC. Noise from space vehicles and
missile launches may result in the
behavioral (Level B) harassment of
hauled-out Steller sea lions and harbor
seals and injury (Level A harassment) or
E:\FR\FM\23DEP1.SGM
23DEP1
]]>Agencies
[Federal Register Volume 75, Number 246 (Thursday, December 23, 2010)]
[Proposed Rules]
[Pages 80765-80773]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32231]
=======================================================================
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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: Advance notice of proposed rulemaking (ANPRM).
-----------------------------------------------------------------------
SUMMARY: PHMSA is considering amending the Hazardous Materials
Regulations (HMR) to incorporate the most recent edition of the
American Society of Mechanical Engineers' Boiler and Pressure Vessel
Code, Section XII for the design, construction, and certification of
cargo tank motor vehicles, cryogenic portable tanks and multi-unit-tank
car tanks (ton tanks). PHMSA is also considering incorporating by
reference the National Board of Boiler and Pressure Vessel Inspectors'
National Board Inspection Code as it applies to the continuing
qualification and maintenance of ASME stamped cargo tank motor
vehicles, portable tanks, and multi-unit-tank car tanks (ton tanks)
constructed to standards in ASME Section VIII or ASME Section XII. In
this ANPRM, PHMSA is soliciting comments on the advisability of
incorporating the most recent editions of these two standards by
reference. We request comments to identify any gaps or inconsistencies
between current HMR requirements and these consensus standards.
Additionally, we seek input regarding any potential costs, benefits,
and burdens associated with compliance with these consensus standards.
DATES: Submit comments by March 23, 2011. To the extent possible, PHMSA
will consider late-filed comments as we determine whether additional
rulemaking is necessary.
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 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
[[Page 80766]]
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 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 (65 FR 19477) or you
may visit https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Kurt Eichenlaub or Ben Supko,
Standards and Rulemaking Division, (202) 366-8553, or Charles Hochman,
Engineering and Research Division, (202) 366-4492, Pipeline and
Hazardous Materials Safety Administration, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Abbreviations and Terms Used in This Document
AI: Authorized Inspector
ANSI: American National Standards Institute
ASME: American Society of Mechanical Engineers
BPVC: Boiler and Pressure Vessel Code
CI: Certified Individual
CTMV: Cargo Tank Motor Vehicle
DCE: Design Certifying Engineer
FMCSA: Federal Motor Carrier Safety Administration
HMR: Hazardous Materials Regulations (49 CFR Parts 171-180)
MAWP: Maximum Allowable Working Pressure
NBIC: National Board Inspection Code
PHMSA: Pipeline and Hazardous Materials Safety Administration
PVMA: Pressure Vessel Manufacturers Association
QI: Qualified Inspector
RI: Registered Inspector
Section XII: ASME BPVC, Section XII
II. Background
The Federal hazardous materials transportation law (49 U.S.C. 5101
et seq. (Federal hazmat law)) authorizes the Secretary of
Transportation to regulate the safe and secure transportation of
hazardous materials in commerce. In accordance with its delegated
authority from the Secretary, PHMSA has established hazardous materials
safety regulations applicable to packagings used to transport hazardous
materials in commerce, including requirements for the design,
construction, qualification, maintenance, and repair of bulk packagings
such as cargo tanks, portable tanks, and ton tanks.
Under 49 CFR 1.53, PHMSA is delegated the responsibility to enforce
the Hazardous Materials Regulations. In addition, under 49 CFR 1.49(s)
and 1.73(d), the Federal Railroad Administration and the Federal Motor
Carrier Safety Administration (FMCSA) are delegated authority to
enforce the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180)
with particular emphasis on railroad and highway transportation
respectively. PHMSA, FRA and FMCSA work closely with the regulated
industry through educational assistance activities and FRA's and
FMCSA's compliance and enforcement programs.
General requirements for cargo tank motor vehicles (CTMVs),
portable tanks, and ton tanks such as outage and filling limits, are
prescribed in Sec. 173.24b. Detailed design and construction
requirements that encompass material of construction, structural
integrity, closures, openings, inlets and outlets, pressure relief
devices, valves and fittings, tests, certification, etc., are specified
in 49 CFR part 178, subpart H for portable tanks, subpart J for CTMVs
and 49 CFR part 179, subpart E for multi-unit tank car tanks (ton
tanks). Requirements applicable to continuing qualification and
maintenance encompassing periodic tests and inspections, repairs,
modifications, alterations, and conversions are specified in 49 CFR
part 180, subpart E for CTMVs, subpart F for ton tanks, and subpart G
for portable tanks. Design, construction and qualification of rail tank
cars (49 CFR part 179 and part 180, subpart F) and non-specification
cargo tanks (i.e., nurse tanks) are not being considered in the ANPRM.
Currently, the HMR incorporate by reference the ASME BPVC, Section
VIII, Division I, as part of the standards for the design and
construction of cryogenic portable tanks and CTMVs. Section VIII sets
forth detailed criteria for the design, construction, certification,
and marking of stationary boilers and pressure vessels. Many factors
exerted on stationary tanks such as pressure, temperature changes, and
atmospheric conditions are the same as those encountered by
transportation tanks. However, Section VIII does not address unique
conditions and stresses encountered by tanks in the transportation
environment. To address differences between stationary tanks and
transportation tanks, the HMR contain additional design and
construction requirements to account for conditions and stresses likely
to occur in transportation.
III. Petitions for Rulemaking
In this ANPRM, PHMSA is considering three petitions for rulemaking
from ASME, the National Board, and the Pressure Vessel Manufacturers
Association (PVMA).
1. On May 10, 2005, ASME petitioned PHMSA to revise the HMR to
incorporate by reference the ASME Boiler and Pressure Vessel Code,
Section XII, Transport Tanks--2004 edition. Section XII of the BPVC
contains requirements for construction and continued service of ASME
pressure vessels for the transportation of dangerous goods with design
pressures appropriate for the transportation mode and volumes greater
than 450 liters (120 gallons) via highway, railway, air, or water. The
construction requirements cover materials, design, fabrication,
examination, inspection, testing, certification, and over-pressure
protection. The requirements for continued service cover inspection,
testing, repair, alteration, and recertification of in-service ASME
stamped transport tanks. These transport tank requirements include the
pressure vessel, appurtenances, and additional components that are
covered by Modal Appendices for the specific transport modes and unique
service conditions of the specific application. The 2004 edition
contains one Modal Appendix for portable tanks carrying cryogenic
liquids. The 2007 edition was expanded to include the Modal Appendix
for cargo tanks. The 2010 edition was expanded to include the Modal
Appendix for ton tanks. [P-1459; Docket No. PHMSA-2005-21351].
2. On February 27, 2006, PVMA petitioned PHMSA to revise the HMR to
incorporate by reference the ASME Boiler and Pressure Vessel Code,
Section XII Transport Tanks--2004 edition. PVMA and several of its
member companies participated in the development of Section XII, which
[[Page 80767]]
contains design requirements for tanks and pressure vessels that
several of its members manufacture. [PHMSA; P-1474; Docket No. PHMSA-
2006-24712].
3. On July 12, 2007, the National Board of Boiler and Pressure
Vessel Inspectors petitioned PHMSA to revise the HMR to incorporate by
reference the National Board Inspection Code--2007 Edition. The NBIC
contains rules for continued service inspections, repairs, and
modifications of transport tanks, including methods to be used and
criteria for inspections, reports, document control, and inspector
duties and responsibilities. The term ``inspector'' includes Authorized
Inspector (AI), Qualified Inspector (QI), Certified Individual (CI) or
Registered Inspector (RI) to address all aspects of continued service.
The NBIC has updated the 2007 edition with a 2010 addendum. [P-1502;
Docket No. PHMSA-2007-28809].
IV. ASME BPVC Section XII
ASME is a not-for-profit membership professional organization that
enables collaboration, knowledge-sharing, and skill development across
all engineering disciplines. ASME is recognized globally for its
leadership in providing the engineering community with technical
content and a forum for information exchange. Development committees
meet regularly to consider revisions to the ASME codes and standards
based on safety concerns, technological advances, new data, and
changing environmental and industry needs. All meetings are free of
charge and open to public participation. ASME subcommittees consider
correspondence from the general public in the form of requests for
interpretation and revision to existing codes, requests for code cases,
and requests to develop new standards.
In 1995, at the request of the Research and Special Programs
Administration, PHMSA's predecessor agency, the ASME Board on Pressure
Technology Codes and Standards formed a subcommittee on transport tanks
(SC XII) to develop new standards to specifically address transport
tanks with active participation by PHMSA. SC XII presides over a main
committee, three subgroups identified as: (1) General Requirements, (2)
Fabrication and Examination, and (3) Design and Materials.
Subsequently, SC XII developed and published in July of 2004 the ASME
BPVC Section XII, Rules for Construction and Continued Service of
Transport Tanks to address pressure vessels that are used in
transportation. Section XII is based on the existing and long-
established BPVC Section VIII. Section XII, 2010 edition, consists of
ten parts, four modal appendices written to address different tank
types, sixteen mandatory appendices, and eight non-mandatory
appendices. Transport tanks are divided into categories designed
specifically to mirror existing DOT specifications; for example, a DOT
406 cargo tank is a Category 406 tank in Article 1 of Modal Appendix 1.
The 2010 edition contains modal appendices for cargo tanks, cryogenic
portable tanks, and ton tanks. For the purposes of this notice, PHMSA
is considering a proposal to incorporate Section XII, in its entirety,
for Category 331, 338, 406, 407, and 412 cargo tanks, cryogenic
portable tanks, and ton tanks. PHMSA is seeking comments as to whether
Section XII should be proposed for incorporation into the HMR as an
alternative or as a replacement for existing HMR requirements for DOT
specification CTMVs, cryogenic portable tanks, and ton tanks.
Section VIII applies to construction of new tanks only. Tanks
constructed and certified in accordance with Section VIII are marked
with a ``U'' stamp. Section XII applies to new construction and
continued service. As defined in Section XII, ``continued service'' is
an all-inclusive term referring to the inspection, testing, repair,
alteration, and recertification of transport tanks that have been in
service. As stated earlier, Section XII is divided into ten parts.
PHMSA is considering incorporating all ten parts, the three modal
appendices for specification cargo tanks, cryogenic portable tanks, and
ton tanks, and each of the non-mandatory appendices. The ten parts are:
TG--GENERAL REQUIREMENTS; TM--MATERIAL REQUIREMENTS; TD--DESIGN
REQUIREMENTS; TW--REQUIREMENTS FOR TANKS FABRICATED BY WELDING; TF-
FABRICATION REQUIREMENTS; TE--EXAMINATION REQUIREMENTS; TT--TESTING
REQUIREMENTS; TR--PRESSURE--RELIEF DEVICES; TS--STAMPING, MARKING,
CERTIFICATION, REPORTS, AND RECORDS; and TP--REQUIREMENTS FOR REPAIR,
ALTERATION, TESTING, AND INSPECTION FOR COTINUED SERVICE. Section XII
requires newly constructed transport tanks to bear a ``T'' stamp. The
``T'' stamp is essentially equivalent to the current ``U'' stamp
required for certain DOT cargo tanks designed and constructed to
Section VIII standards, currently incorporated by reference in the HMR.
PHMSA is considering whether to adopt Section XII, in its entirety, as
a replacement for existing DOT specification tanks, or as an
alternative to the design and construction requirements for DOT
specification tanks.
In this ANPRM, PHMSA refers to the 2010 edition of ASME Section
XII. However, ASME continues to work on updates to Section XII, and we
will consider adoption of the most recent edition if PHMSA proceeds
with a notice of proposed rulemaking (NPRM). A copy of Section XII,
2010 edition, is available for review at DOT's Docket Operations Office
(see ADDRESSES). The current price of Section XII in hard copy is $450.
V. NBIC
The National Board of Boiler and Pressure Vessel Inspectors was
formed in 1921 and is an American National Standards Institute (ANSI)
accredited standards development organization. The National Board
follows an approved set of standards development procedures (NB-240,
National Board Inspection Code Procedures; https://www.nationalboard.org) and is subject to regular audits by ANSI.
First published in 1946, the NBIC was established by the National
Board to provide rules and guidelines for the repair, alteration,
inspection, installation, maintenance, and testing of boilers, pressure
vessels, and other pressure retaining items. The NBIC is developed and
maintained by a consensus committee comprised of industry experts (the
NBIC Committee). The NBIC Committee consists of a main committee,
subcommittees, subgroups, and task groups of industry experts and has
Federal representation by PHMSA. Participants meet bi-annually to
consider revisions to the NBIC based on safety concerns, technological
advances, new data, and industry needs. All meetings are free of charge
and open to public participation. The NBIC subcommittees consider
correspondence from the general public in the form of requests for
interpretation and revision of existing standards and requests to
develop new standards. The standards-writing subcommittees, subgroups,
and task groups are open to participation by representatives of groups
that are materially affected by the code. Such groups include
manufacturers, repair firms, authorized inspection agencies, and
representatives of government agencies. Each year the NBIC Committee
updates the NBIC and presents the updates on the National Board's
website for public review in April-May and August-September. Finalized
updates are published annually as an addendum.
Section XII requires all alterations and repairs to the pressure
vessel of a
[[Page 80768]]
transport tank to be performed in accordance with the NBIC and requires
an inspection to be performed by a National Board inspector. The NBIC
Committee established a task group to develop requirements for
continued service, repair, and alteration of Section XII transport
tanks. The task group includes PHMSA and industry representatives. The
Committee's efforts culminated in the issuance of two new supplements.
The first is Supplement 6, ``Continued Service and Inspection of DOT
Transport Tanks.'' This appears in Section 6, ``Supplements'' of Part
2, ``Inspection.'' This document describes inspection of in service
transport tanks. The second is Supplement 6, ``Repair, Alteration, and
Modification of DOT Transport Tanks.'' This appears in Section 6,
``Repairs and Alterations--Supplements'' of Part 3--``Repair.'' This
document contains general requirements that apply to welding, repairs,
alterations, modifications, examinations, etc. made to DOT transport
tanks used for the transportation of hazardous materials. These
supplements also specify the type of inspection to be performed and
establish the criteria for inspections, reports, document maintenance,
and inspector duties and responsibilities. The criteria are generally
based on requirements in Part 180 of the HMR.
PHMSA is considering whether to adopt the NBIC for alterations,
repairs and inspections performed on ASME stamped portable tanks,
specification cargo tanks, and ton tanks used for the transportation of
hazardous materials. In this ANPRM, we refer to the 2007 edition of the
NBIC and the 2010 addendum. However, the National Board continues to
work on updates to the NBIC, and PHMSA will consider adoption of the
most recent edition if we proceed with an NPRM. A copy of the 2007
edition of the NBIC is available for review at DOT's Docket Operations
Office (see ADDRESSES appearing earlier in this notice). The current
cost of the complete NBIC set is $150 for the hard copy and $395 for
the electronic format.
VI. Voluntary Consensus Standards
The ASME BPVC and the NBIC are international voluntary consensus
standards. The National Technology Transfer and Advancement Act of
1995, Public Law 104-113, requires agencies to use technical standards
that are developed or adopted by voluntary consensus standards bodies
unless the use of such a standard is inconsistent with applicable law
or is otherwise impractical. Public Law 104-113 requires Federal
agencies to use industry consensus standards to the extent practical;
it does not require Federal agencies to endorse a standard in its
entirety. The law does not prohibit an agency from generally adopting a
voluntary consensus standard while taking exception to specific
portions of the standard if those provisions are deemed to be
``inconsistent with applicable law or otherwise impractical.'' Taking
specific exceptions furthers the Congressional intent of Federal
reliance on voluntary consensus standards because it allows the
adoption of substantial portions of consensus standards without the
need to reject the standards in their entirety because of limited
provisions that are not acceptable to the agency. It has been PHMSA's
practice to review new editions and addenda of the ASME BPVC and NBIC
and periodically update Sec. 171.7 to incorporate newer editions and
addenda by reference. New editions of the subject codes are issued
every three years; addenda to the editions are issued yearly except in
years when a new edition is issued. The BPVC was last incorporated by
reference into the regulations under Docket No. RSPA-99-6213 (HM-218)
(August 18, 2000; 65 FR 50450). In that final rule, Sec. 171.7 was
revised to incorporate by reference the 1998 edition of Sections II
(Parts A and B), V, VIII (Division I) and IX, of the BPVC. The NBIC
1992 Edition was incorporated by reference under Docket HM-183C
(November 3, 1994; 59 FR 55162).
VII. Current HMR, Section XII, and NBIC Requirements
A. Design and Construction of Cryogenic Portable Tanks
Sections 178.274 and 178.277 of the HMR contain requirements for
the design, construction, certification, inspection, and testing of UN
portable tanks intended for the transportation of refrigerated
liquefied gases. The HMR requires that the shells and welds of these
portable tanks must be designed, constructed, certified, inspected,
tested and stamped in accordance with Section VIII of the BPVC. BPVC
Section XII includes rules for the design, construction, certification,
inspection, and testing of cryogenic portable tanks that address
conditions and stresses unique to the transportation of cryogenic
portable tanks. However, Section XII differs from the HMR with respect
to design margins for cryogenic portable tanks (i.e., 3.5:1 rather than
4.0:1). The 3.5:1 design margin is based upon successful experience
with vessels designed to the Code rules, improved materials and
fabrication practices, new and more sophisticated design methods,
toughness requirements, and nondestructive examination technology.
PHMSA believes that adopting this new design margin by incorporating
Section XII in the HMR would update current regulations in recognition
of the technological enhancements referred to above, maintain an
equivalent level of safety to existing regulations, and relieve
unnecessary economic burden to manufacturers and users of cryogenic
portable tanks by allowing for the design and construction of thinner
walled tanks. Therefore, PHMSA is considering whether to permit the
design, construction, certification, inspection, and testing of UN
portable tanks intended for the transportation of refrigerated
liquefied gases in accordance with Section XII.
B. Design and Construction of CTMVs: Identified Differences Between HMR
and Section XII Requirements
Sections 178.337-178.348 of the current HMR contain requirements
for the design, construction, certification, inspection, and testing of
CTMVs intended for the transportation of hazardous materials. CTMVs
conforming to the MC 331, MC 338, and DOT 407 specifications with a
maximum allowable working pressure (MAWP) greater than 35 psig or
designed to be loaded by vacuum, and to the DOT 412 specification with
a MAWP greater than 15 psig must be designed, constructed, and
certified in accordance with Section VIII, Division 1 of the 1998 ASME
Code. As defined in Sec. 173.320, the term ``constructed and certified
in accordance with the ASME Code'' means a cargo tank is constructed
and stamped in accordance with the ASME Codes and is inspected and
certified by an AI. CTMVs conforming to the DOT 406, and the lower
pressure DOT 407 and 412 specifications must be constructed in
accordance with the ASME Code. The term ``constructed in accordance
with the ASME Code'' means a cargo tank is constructed in accordance
with Section VIII, Division 1 of the ASME Codes with authorized
exceptions and is inspected and certified by a RI. The manufacturer of
the cargo tank or CTMV must hold a current ASME Certificate for use of
the ASME ``U'' stamp but the tank is not required to be ASME stamped.
Under Section XII, all newly manufactured cryogenic portable tanks and
specification CTMVs constructed in accordance with the Code must be
stamped with a ``T'' stamp.
The Section XII requirements were harmonized with the HMR
requirements to the extent practicable. During the development of
Section XII, the SC XII
[[Page 80769]]
committees addressed various cargo tank concerns that industry brought
to the attention of PHMSA and FMCSA, over the past several years.
At the request of PHMSA, ASME supplemented its original petition
for rulemaking with information identifying particular differences
between Section XII and the HMR requirements. PHMSA encourages
commenters to review and comment on these and any other differences
between ASME Section XII and the HMR that are relevant to this
endeavor. In addition, the Docket for this ANPRM includes several
reports containing research, analysis, and evaluation of various
technical standards that have been adopted in ASME Section XII.
1. 3.5 Design Margin in Lieu of 4.0 for All Vessels
Improvements to Section VIII Division 1 Code rules over the past 50
years, successful experience with vessels designed to the Code rules,
improved materials and fabrication practices, new and more
sophisticated design methods, toughness requirements, and
nondestructive examination technology have led to a reduced design
margin in Section VIII, Division 1. In 1999, ASME adopted a design
margin of 3.5 on ultimate tensile strength in lieu of the value of 4.0
that had existed since the 1940s. In Section XII, ASME adopted the new
design margin after careful consideration and deliberations of the
technical facts previously mentioned as well as other factors that
influence transportation safety.
The new design margins may have a significant effect on newly
constructed transport tanks. For those tanks where the minimum
thicknesses are controlled by pressure, they may be thinner/lighter
than those constructed using a design margin of 4.0. PHMSA has issued
several special permits allowing a 3.5:1 design margin. PHMSA has
reviewed the incident data for these tanks and has not identified any
incidents that would indicate a reduction in safety. PHMSA is
soliciting comments on potential safety and economic impacts of
adopting the new Section XII requirement allowing a 3.5:1 design
margin.
2. Special Materials Testing and Fabrication Requirements for MC 331
Tanks
Section XII Modal Appendix 1-- ``Cargo Tanks'' discontinues certain
obsolete requirements for construction of MC 331 cargo tanks that are
still required in Sec. Sec. 178.337-2 and 178.337-4. This revision
modernizes material specification designations and eliminates obsolete
material specifications. It also eliminates certain obsolete material
impact test requirements, especially for quenched and tempered
materials. PHMSA has issued several special permits allowing the use of
the newer material specifications in the ASME Code for construction and
repair. A review of historical incident data shows an acceptable safety
history with no reported incidents. PHMSA is soliciting comments on the
safety and economic impacts of adopting the new Section XII reqirements
for the testing and fabrication of special materials for construction
and repair of MC 331 cargo tanks.
3. Standardization of Allowable Peak Secondary Stresses for MC 331
CargoTanks
The requirements in Modal Appendix 1-3.5.5 and 1-3.5.1(a)(1)(b)
standardize the allowable peak secondary stress levels resulting from
short interval, non-persistent loads to that permitted for lading surge
loads for MC 331 cargo tanks by Sec. 178.337-3(d). See also 1-3.5.5 &
1-3.5.6 and footnote 1. The Appendix also aligns the MC 331 cargo tank
design with the design standard of the DOT 400-series cargo tanks for
short interval peak loads. PHMSA-sponsored research and guidance, and
understanding of current ASME requirements, provide the basis for
consideration of this revision. PHMSA solicits comments on the safety
and economic impacts of adopting the Section XII requirement for
allowable peak secondary stresses for MC 331 cargo tanks.
4. Rational Design of Non-circular Tanks
Rational design under Appendix VIII of Section XII leads to shell
and head thicknesses of up to 15% less than what tank manufacturers
currently use. Such a difference results in a tank with at least 2%
more payload capacity. Co-operative research and development efforts by
PHMSA, ASME, and industry have served as the technical basis for
incorporation of the rational design method in Section XII. PHMSA is
soliciting comments on the safety and economic impacts of incorporating
the Section XII rational design method for non-circular tanks.
5. Non Mandatory Appendix C--Specified Minimum Thicknesses
Non-mandatory Appendix C contains data reports that specify minimum
allowed thickness for pressure parts instead of nominal thickness and
corrosion allowance currently specified. PHMSA is soliciting comments
on the safety and economic impacts of using minimum allowed thickness
for pressure parts instead of nominal thickness and corrosion
allowance.
C. Continued Service of CTMVs, Portable Tanks, and Ton Tanks: Roles of
Inspectors HMR
Part 180 of the HMR specifies continued service requirements for
DOT and UN portable tanks and DOT specification and certain non-
specification CTMVs. Specific requirements for the qualification,
maintenance, repair, and testing of packagings are located in 49 CFR
Part 180: Subpart E for CTMVs, Subpart F for ton tanks, and Subpart G
for portable tanks. Incorporation of Section XII and the NBIC for
continued service requirements for these ASME stamped bulk packagings
could impact the roles and responsibilities of persons who perform
tests, inspections, modifications, alterations, and repairs. PHMSA is
soliciting comments on how the continued service requirements and the
role of inspectors should be addressed in the HMR if Section XII and
the NBIC are incorporated by reference.
To ensure that DOT specification cargo tanks are designed,
constructed, and maintained in accordance with the applicable
specification, the HMR require that each person who certifies CTMV
design, construction, repair, or testing meet certain minimum
qualifications. The qualification criteria are based on the function
performed. Professionals who meet the qualifications set forth in the
HMR for DCE, AI, and RI perform continued service functions.
The HMR require the use of a DCE to certify each specification
cargo tank or CTMV design type, including its required accident damage
protection; the design of a modified, stretched, or rebarrelled CTMV;
or mounting of a cargo tank on a motor vehicle chassis involving
welding on the cargo tank head or shell or any change or modification
of the methods of attachment. A DCE as defined in Sec. 171.8 means a
person registered with the Department in accordance with subpart F of
part 107 of the HMR who has the knowledge and ability to perform stress
analysis of pressure vessels and otherwise determine whether a cargo
tank design and construction meets the applicable DOT specification. A
DCE must fulfill the knowledge and ability requirements by meeting any
one of the following qualifications: (1) Have an engineering degree and
one year of work experience in cargo tank structural or mechanical
design: (2) be currently registered as a professional engineer by
appropriate authority of a State of the United States or a Province of
Canada;
[[Page 80770]]
or (3) have at least three years' experience in performing the duties
of a DCE prior to September 1, 1991.
Additionally, the HMR require the use of an AI to certify cargo
tanks constructed and certified in accordance with the ASME Code, as
discussed earlier in this notice under ``B. Design and Construction of
CTMVs: Identified Differences Between HMR and Section XII
Requirements.'' An AI is defined in Sec. 171.8 to mean an Inspector
who is currently commissioned by the National Board of Boiler and
Pressure Vessel Inspectors and employed as an Inspector by an
Authorized Inspection Agency. Also, this section defines an Authorized
Inspection Agency to mean: (1) A jurisdiction which has adopted and
administers one or more sections of the ASME Boiler and Pressure Vessel
Code as a legal requirement and has a representative serving as a
member of the ASME Conference Committee; or (2) an insurance company
which has been licensed or registered by the appropriate authority of a
State of the United States or a Province of Canada to underwrite boiler
and pressure vessel insurance in such State or Province.
The HMR require the use of an RI to certify specification cargo
tank motor vehicle construction, assembly, or repair of a tank
``constructed in accordance with the ASME Code.'' Section 171.8 defines
the RI as a person registered with the Department in accordance with
subpart F of part 107 of the HMR who has the knowledge and ability to
determine whether a cargo tank conforms to the applicable DOT
specification. The RI must have: (1) An engineering degree and one year
of work experience relating to the testing and inspection of cargo
tanks; (2) an associate degree in engineering and two years of work
experience relating to the testing and inspection of cargo tanks; (3) a
high school diploma (or General Equivalency Diploma) and three years of
work experience relating to the testing and inspection of cargo tanks;
or (4) at least three years of experience performing the duties of an
RI prior to September 1, 1991. The RI must be familiar with DOT
specification cargo tanks and trained and experienced in use of the
inspection and testing equipment used. While there are narrow
exceptions that permit persons who do not qualify as RIs to perform
select inspections and tests (see Sec. 180.409(b), (c), and (d)), in
general, a cargo tank constructed in accordance with a DOT
specification for which a qualification test or inspection is due, may
not be filled and offered for transportation or transported until the
test or inspection has been successfully completed by the RI.
Section XII
Section XII requires all alterations and repairs to the pressure
vessel of a transport tank to be performed in accordance with the NBIC
and requires an inspection to be performed by a National Board
inspector. The inspector, depending on the class designation of the
transport tank, must be an Authorized Inspector (AI), Qualified
Inspector (QI), or Certified Individual (CI).
Under Section XII, an AI is defined as an inspector regularly
employed by an ASME-accredited Authorized Inspection Agency (AIA), who
has been qualified to ASME-developed criteria to perform inspections
under the rules of any jurisdiction that has adopted the ASME Code. The
AI may not be in the employ of the manufacturer. The AIA's and
supervisor's duties and qualifications and AI's qualifications are as
required in the latest edition and addenda of ASME QAI-1,
Qualifications for Authorized Inspection. Under ASME QAI-1, An
Authorized Inspector must hold a valid Certificate of Competency (where
required), as defined in National Board Rules for Commissioned
Inspectors, and a valid National Board Commission with an ``A''
endorsement. The inspector must have satisfactory expertise,
experience, and background for the inspection of boilers and pressure
vessels and demonstrate the ability to perform shop and field (on-site)
inspections to the satisfaction of the AIA. The inspector must have
knowledge of applicable sections of the ASME Code, Quality Control
Programs, and requirements for the maintenance and retention of in-
transit and permanent records. Finally, the inspector must receive a
passing grade on an examination given by the National Board that
evaluates the individual's knowledge of, and familiarity with, the ASME
Code, and comply with the National Board's rules for commissioned
inspectors.
A QI is defined as an inspector regularly employed by an ASME
Qualified Inspection Organization (QIO) who has been qualified to ASME-
developed criteria by a written examination, to perform inspections
under the rules of any jurisdiction that has adopted the ASME Code. The
QI may not be in the employ of the manufacturer. The QIO's and
supervisor's duties and qualifications and the QI's qualifications are
as required in the latest edition and addenda of ASME QAI-1,
Qualifications for Authorized Inspection. Under ASME QAI-1, a Qualified
Inspector must hold a valid Certificate of Competency (where required),
as defined in National Board Rules for Commissioned Inspectors, and a
valid National Board certification as a Qualified Inspector. The
inspector must have satisfactory expertise, experience, and background
for the inspection of boilers and pressure vessels and demonstrate the
ability to perform shop and field (on-site) inspections to the
satisfaction of the QIA. The inspector must have knowledge of
applicable sections of the ASME Code, Quality Control Programs, and
requirements for the maintenance and retention of in-transit and
permanent records. Finally, the inspector must receive a passing grade
on an examination given by the National Board that evaluates the
individual's knowledge of, and familiarity with, the ASME Code. The
Qualified Inspector must comply with the National Board's rules for
qualified inspectors.
A CI is defined as an individual certified by an ASME accredited
organization authorized to use ASME marks, as either a full-time or
part-time employee or contractor to the ASME certificate holder. The CI
is neither an AI nor a QI and must be certified and qualified to
perform inspections by the CI's employer. The CI may be in the employ
of the manufacturer or assembler. Minimum qualifications include: (a)
Knowledge of the requirements of Section XII for application of the
appropriate Code Symbol stamp; (b) Knowledge of the Manufacturer's or
Assembler's Quality System Program; and (c) Training commensurate with
the scope, complexity, or special nature of the activities to which
oversight is to be provided. A record must be maintained and certified
by the manufacturer or assembler, containing objective evidence of the
qualifications of the CI and training provided the CI's qualifications
and duties are as required in the latest edition and addenda of ASME
QAI-1, Qualifications for Authorized Inspection.
Additionally, for continued service, Users may perform inspections
and tests if no rerating, repairs, or alterations requiring welding are
performed. Users may perform continued service inspections, including
repairs and alterations if the User possesses a valid National Board
Owner/User Certificate of Authorization. Inspectors employed by the
Owner/User may perform continued service inspections, including repairs
and alterations if the individual possesses a National Board Owner/User
commission.
[[Page 80771]]
Section XII assigns transport tanks to three separate classes
depending on the design of the tank. Each class includes transport tank
designs that generally correspond to existing DOT specifications. The
NBIC inspection requirements correspond to the class of transport tank
as assigned in the Section XII Modal Appendices. In the table below,
PHMSA lists each class of transport tank to be constructed or repaired
and the type of inspector required to perform the inspection. Currently
there are no specifications in Section XII for Class 2 tanks. However,
Class 2 tanks are expected to be added in future editions.
Transport Tank Classes Under ASME Section XII, 2010 Edition
------------------------------------------------------------------------
Current
Class specification in Type of inspector
HMR
------------------------------------------------------------------------
Class 1......................... UN cryogenic Authorized
portable tanks Inspector
(See Sec.
178.277); DOT 407
MAWP > 35 psi
(See Sec.
178.347); DOT 412
MAWP > 15 psi
(See Sec.
178.348); MC 338
(See Sec.
178.338); MC 331
(See Sec.
178.337); DOT
106A and 110AW
(See Sec.
179.300).
Class 2......................... .................. Qualified
Inspector , or
Authorized
Inspector
Class 3......................... DOT 406 (See Sec. Certified
178.346); DOT Individual,
407 MAWP <= 35 Authorized
psi (See Sec. Inspector, or
178.347); DOT 412 Qualified
MAWP <= 15 psi Inspector
(See Sec.
178.348).
------------------------------------------------------------------------
Repairs and alterations must be performed by organizations holding
a valid National Board ``TR'' certificate of Authorization and in
possession of the appropriate National Board Code symbol stamp.
Alternatively, organizations employing Owner/User/Inspectors and in
possession of a valid Owner/User Certificate of Authorization issued by
the National Board may repair and perform alterations on transport
tanks owned and operated by the Owner/User Certificate of Authorization
holder.
The periodic inspection and test frequencies for cargo tanks are
specified in Modal Appendix 1 of Section XII. Periodic inspection and
test frequencies for cryogenic portable tanks are specified in Modal
Appendix 3 of Section XII. The periodic inspection and test frequencies
are consistent with those specified currently in the HMR for cargo
tanks and portable tanks.
VIII. Questions
PHMSA asks commenters to provide data and information on the
following issues:
A. Cargo Tanks
1. Are there substantial differences between the construction and
continued service requirements of the HMR and the ASME BPVC Section XII
for cargo tanks? If so, what are the potential costs, burdens, or
safety problems associated with incorporating Section XII and the NBIC
for the construction and continued service of these tanks?
2. For existing cargo tanks designed, constructed and stamped with
the ASME BPVC Section VIII ``U'' stamp, are there substantial
differences between the continued service requirements of the HMR and
the most recent edition of the NBIC? If so, what are the potential
costs and burdens associated with incorporating the NBIC for existing
``U'' stamped bulk packagings?
3. Should PHMSA adopt through incorporation by reference the ASME
BPVC Section XII and the most recent edition of the NBIC for
construction and continued service of cargo tanks? If so, which
existing requirements of the HMR should be replaced with references to
these consensus standards?
4. Would incorporation of the ASME BPVC Section XII and the NBIC
for construction and continued service of cargo tanks positively affect
transportation safety, and/or reduce industry costs?
5. If PHMSA incorporates Section XII and the NBIC for the
construction and continued service of cargo tanks, how long of a
transition period would be needed to train employees to use these
consensus standards? What are the associated costs of training?
6. Are the ASME BPVC Section XII and the NBIC rules of construction
and continued service of cargo tanks consistent with current HMR
requirements? If not, should PHMSA consider general adoption of the
consensus standards while taking exception to specific portions of the
standards?
7. Are there any potential compliance issues related to
incorporating by reference Section XII and the newest edition of the
NBIC in the HMR for the construction and continued service of cargo
tanks?
B. Cryogenic Portable Tanks
1. Are there substantial differences between the construction and
continued service requirements of the HMR and the ASME BPVC Section XII
for cryogenic portable tanks? If so, what are the potential costs,
burdens, or safety problems associated with incorporating Section XII
and the NBIC for the construction and continued service of these tanks?
2. For existing cryogenic portable tanks designed, constructed and
stamped (``U'' stamp) in accordance with ASME BPVC Section VIII, are
there substantial differences between the continued service
requirements of the HMR and the most recent edition of the NBIC? If so,
what are the potential costs and burdens associated with incorporating
the latest edition of the NBIC?
3. Should PHMSA adopt through incorporation by reference the ASME
BPVC Section XII and the most recent edition of the NBIC for
construction and continued service of cryogenic portable tanks? If so,
which existing requirements of the HMR should be replaced with
references to these consensus standards?
4. Would incorporation of the ASME BPVC Section XII and the latest
edition of the NBIC for construction and continued service of cryogenic
portable tanks positively affect transportation safety, and/or reduce
industry costs?
5. If PHMSA incorporates Section XII and the NBIC for the
construction and continued service of cryogenic portable tanks, how
long of a transition period would be needed to train employees to use
these consensus standards? What are the associated costs of training?
6. Are the ASME BPVC Section XII and the NBIC rules of construction
and continued service of cryogenic portable tanks consistent with
current HMR requirements? If not, should PHMSA consider general
adoption of the consensus standards while taking exception to specific
portions of the standards?
[[Page 80772]]
7. Are there any potential compliance issues related to
incorporating by reference Section XII and the newest edition of the
NBIC in the HMR for the construction and continued service of cryogenic
portable tanks?
C. Multi-Unit Tank Car Tanks (Ton Tanks)
1. Are there substantial differences between the construction and
continued service requirements of the HMR and the ASME BPVC Section XII
for multi-unit tank car tanks? If so, what are the potential costs,
burdens, or safety problems associated with incorporating Section XII
and the NBIC for the construction and continued service of these tanks?
2. For existing multi-unit tank car tanks designed and constructed
in accordance with the HMR, are there substantial differences between
current continued service requirements and the NBIC? If so, what are
the potential costs and burdens associated with incorporating the
latest edition of the NBIC?
3. Should PHMSA adopt through incoporation by reference the ASME
BPVC Section XII and the most recent edition of the NBIC for
construction and continued service of mult-unit tank car tanks? If so,
which existing requirements of the HMR should be replaced with
references to these consensus standards?
4. Would incorporation of the ASME BPVC Section XII and the latest
edition of the NBIC for construction and continued service of mult-unit
tank car tanks positively affect transportation safety, and/or reduce
industry costs?
5. Are the ASME BPVC Section XII and the NBIC rules of construction
and continued service of mult-unit tank car tanks consistent with
current HMR requirements? If not, should PHMSA consider general
adoption of the consensus standards while taking exception to specific
portions of the standards?
6. Are there any potential compliance issues related to
incorporating by reference Section XII and the the newest edition of
the NBIC in the HMR for the construction and continued service of mult-
unit tank car tanks?
IX. Additional Issues
PHMSA will base any future proposal for changes on the suggestions
and comments provided by interested parties and our own initiatives.
Additionally, any proposals would include the analyses required under
the following statutes and executive orders in the event we determine
that rulemaking is appropriate:
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
Executive Order (E.O.) 12866 requires 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.'' We
therefore request comments, including specific data if possible,
concerning the costs and benefits that may be associated with revisions
to the HMR based on the issues presented in this notice. A rule that is
considered significant under E.O. 12866 must be reviewed and cleared by
the Office of Management and Budget before it can be issued.
B. Executive Order 13132
E.O. 13132 requires agencies to assure meaningful and timely input
by state and local officials in the development of regulatory policies
that may have a substantial, direct effect 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. Incorporation of new consensus standards by reference in
the HMR may impact state and local CTMV enforcement programs. Potential
impacts include the cost of purchasing the consensus standards and
training employees in the use of the consensus standards. We invite
state and local governments with an interest in this rulemaking to
comment on any effect that revisions to the HMR to address the issues
outlined in this notice may cause.
C. Executive Order 13175
E.O. 13175 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
that impose ``substantial and direct compliance costs'' on such
communities. We invite Indian tribal governments to provide comments if
they believe there will be an impact.
D. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies
and Procedures
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), we must consider whether a proposed rule 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. If you believe that revisions to the HMR to
address the issues discussed in this notice would have a significant
economic impact on small entities, please provide information on such
impacts.
Any future proposed rule would be 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 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.
F. Environmental Assessment
The National Environmental Policy Act, 42 U.S.C. 4321-4375,
requires federal agencies to analyze proposed actions to determine
whether the action will have a significant impact on the human
environment. The Council on Environmental Quality (CEQ) regulations
order 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. 40 CFR Sec. 1508.9(b). PHMSA welcomes any data
or information related to environmental impacts that may result from a
future rulemaking addressing the issues discussed in this notice.
G. International Trade Analysis
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 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
[[Page 80773]]
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
would assess the effects of any rule to ensure that it does not exclude
imports that meet this objective. Accordingly, any proposals would be
consistent with PHMSA's obligations under the Trade Agreement Act, as
amended.
H. Statutory/Legal Authority for This Rulemaking
49 U.S.C. 5103(b) authorizes the Secretary of Transportation to
prescribe regulations for the safe transportation, including security,
of hazardous materials in intrastate, interstate, and foreign commerce.
I. 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 December 17, 2010 under authority
delegated in 49 CFR part 106.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 2010-32231 Filed 12-22-10; 8:45 am]
BILLING CODE 4910-60-P
