Hazardous Materials: Incorporation of Certain Cargo Tank Special Permits Into Regulations, 5483-5494 [2011-2014]
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Federal Register / Vol. 76, No. 21 / Tuesday, February 1, 2011 / Rules and Regulations
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Electronic and Facsimile Availability
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Background
Following the December 19, 2010
presidential elections in Belarus and the
announcement by state-run media on
election night that President
Lukashenko had received approximately
80 percent of the vote, some opposition
candidates and their supporters
gathered at Independence Square in the
Belarusian capital, Minsk, to protest.
Belarusian riot police beat and arrested
over 600 protesters, including most of
the opposition candidates and many
journalists, human rights activists, and
civil society representatives. Press
reports indicate that as of January 18, at
least 31 protesters (including several
opposition candidates) remain in jail,
facing up to 15 years in prison on
charges of organizing or participating in
mass riots. Since the demonstration, the
government has engaged in a further
crackdown against offices and members
of political parties, civil society and
independent media.
While the Organization for Security
and Co-operation in Europe’s (OSCE)
Office for Democratic Institutions and
Human Rights (ODIHR) noted that the
presidential election showed certain
improvements over previous elections,
ODIHR observed significant flaws
during the vote count. ODIHR
determined that the lack of transparency
in the vote count undermined any
improvements in the electoral process.
The post-election violence further
marred the presidential elections and
drew condemnation from the United
States and the European Union. On
December 23, 2010, U.S. Secretary of
State Hillary Clinton and EU High
Representative Catherine Ashton issued
a joint statement calling for the
immediate release of all opposition
protesters taken into custody following
the presidential elections. Secretary
Clinton and High Representative Ashton
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14:25 Jan 31, 2011
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also deemed the flawed vote count and
post-election violence an ‘‘unfortunate
step backwards’’ for democracy and
human rights in Belarus.
In light of these recent developments
and the decision by the Government of
Belarus to close the Minsk office of the
OSCE, OFAC is amending the Belarus
Sanctions Regulations, 31 CFR part 548
(the ‘‘Regulations’’), to revoke the
general license in section 548.509
authorizing U.S. persons to engage until
May 31, 2011, in all otherwise
prohibited transactions with two
blocked entities, Lakokraska OAO and/
or Polotsk Stoklovolokno OAO. This
license had been issued in 2008 in
response to the Belarusian
Government’s release of its political
prisoners. The revocation of the general
license in section 548.509 of the
Regulations will be effective on
February 11, 2011. This delayed
effective date gives U.S. persons a
reasonable period of time to wind down
and terminate any transactions
previously entered into with Lakokraska
OAO and/or Polotsk Stoklovolokno
OAO under section 548.509 of the
Regulations.
Public Participation
Because the amendments of the
Regulations involve a foreign affairs
function, the provisions of Executive
Order 12866 and the Administrative
Procedure Act (5 U.S.C. 553) requiring
notice of proposed rulemaking,
opportunity for public participation,
and delay in effective date are
inapplicable. Because no notice of
proposed rulemaking is required for this
rule, the Regulatory Flexibility Act (5
U.S.C. 601–612) does not apply.
Paperwork Reduction Act
The collections of information related
to the Regulations are contained in 31
CFR part 501 (the ‘‘Reporting,
Procedures and Penalties Regulations’’).
Pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3507), those
collections of information have been
approved by the Office of Management
and Budget under control number 1505–
0164. An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid control number.
List of Subjects in 31 CFR Part 548
Administrative practice and
procedure, Banks, Banking, Belarus,
Blocking of assets, Credit, Foreign trade,
Penalties, Reporting and recordkeeping
requirements, Securities, Services.
For the reasons set forth in the
preamble, the Department of the
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5483
Treasury’s Office of Foreign Assets
Control amends 31 CFR part 548 as
follows:
PART 548—BELARUS SANCTIONS
REGULATIONS
1. The authority citation for part 548
continues to read as follows:
■
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b);
50 U.S.C. 1601–1651, 1701–1706; Pub. L.
101–410, 104 Stat. 890 (28 U.S.C. 2461 note);
Pub. L. 110–96, 121 Stat. 1011 (50 U.S.C.
1705 note); E.O. 13405, 71 FR 35485; 3 CFR,
2007 Comp., p. 231.
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
§ 548.509
■
[Removed]
2. Remove § 548.509.
Dated: January 25, 2011.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. 2011–2178 Filed 1–31–11; 8:45 am]
BILLING CODE 4810–AL–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 171 and 173
[Docket No. PHMSA–2010–0017 (HM–245)]
RIN 2137–AE56
Hazardous Materials: Incorporation of
Certain Cargo Tank Special Permits
Into Regulations
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule.
AGENCY:
The Pipeline and Hazardous
Materials Safety Administration is
amending the Hazardous Materials
Regulations by incorporating provisions
contained in certain widely used or
longstanding cargo tank special permits
that are granted to multiple parties and
have established safety records. Special
permits allow a company or individual
to package or ship a hazardous material
in a manner that varies from the
regulations provided an equivalent level
of safety is maintained. The revisions
are intended to provide wider access to
the regulatory flexibility offered in the
special permits and eliminate the need
for numerous renewal requests, thereby
facilitating commercial activity and
reducing paperwork burdens while
continuing to maintain an appropriate
level of safety.
DATES: Effective date: The effective date
of this final rule is March 3, 2011.
SUMMARY:
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Incorporation by reference: The
incorporation by reference of certain
publications listed in the rule is
approved by the Director of the Federal
Register as of March 3, 2011.
Voluntary Compliance date:
Immediate voluntary compliance with
the requirements of this final rule is
authorized as of February 1, 2011.
FOR FURTHER INFORMATION CONTACT: Joan
McIntyre or Matthew Nickels, Standards
and Rulemaking Division, (202) 366–
8553, Pipeline and Hazardous Materials
Safety Administration (PHMSA), or
John Van Steenburg, Office of
Enforcement and Compliance, (202)
366–5125, Federal Motor Carrier Safety
Administration (FMCSA), 1200 New
Jersey Avenue, SE., Washington, DC
20590.
SUPPLEMENTARY INFORMATION:
Preamble Table of Contents
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I. Background
II. List of Commenters, General Comments,
and Beyond-the-Scope Comments
III. Discussion of Amendments and
Applicable Comments
IV. Regulatory Analyses and Notices
I. Background
On July 21, 2010, PHMSA issued a
notice of proposed rulemaking (NPRM;
75 FR 42364) proposing to incorporate
into the Hazardous Materials
Regulations (HMR) provisions contained
in six widely used and longstanding
cargo tank special permits that are
granted to multiple parties and have
established safety records. We discussed
how this action would reduce
paperwork and compliance burdens,
lower cost burdens on both industry and
government by removing the need to
apply for and renew special permits,
and facilitate commerce while
maintaining a level of safety equal to or
greater than that of the current HMR
requirements. We proposed to
incorporate the provisions of six special
permits into the HMR. We did not
propose to materially change the special
permits, nor did we seek comments for
revising the special permits. (See
Beyond-the-Scope discussion under ‘‘II.
Comments to the NPRM.’’)
The six special permits addressed in
the NPRM were:
• Special Permit (SP) 11209—
Authorization to transport liquefied
petroleum gas (LPG) in non-DOT
specification cargo tank motor vehicles
known as moveable fuel storage tenders
that are used exclusively for agricultural
purposes.
• SP 13113—Authorization to
transport Division 6.1 liquid soil
pesticide fumigants in DOT
specification MC 306 and DOT 406
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cargo tank motor vehicles and DOT 57
portable tanks that are used exclusively
for agricultural purposes.
• SP 12284—Authorization to
transport certain hazardous materials
used for roadway striping in non-DOT
specification cargo tanks.
• SP 13341—Authorization for
private motor carriers to transport LPG
in consumer storage containers filled to
greater than five percent of the
container’s water capacity.
• SP 10950—Authorization to
transport nurse tanks securely mounted
on field trucks.
• SP 13554—Authorization for nurse
tanks with missing or illegible ASME
plates to continue to be used in
anhydrous ammonia service under
specified conditions.
The decision to consider the
incorporation of these special permits
into the HMR is based on special
permits issued by PHMSA under 49
CFR part 107, subpart B (§§ 107.101 to
107.127) and the length of time these
special permits have been in use with
demonstrated records of safety. A
special permit sets forth alternative
requirements to the HMR by means that
achieve a level of safety equal to or
greater than that required by regulation
and that are consistent with the public
interest. Congress expressly authorized
DOT to issue these variances in the
Hazardous Materials Transportation Act
of 1975.
As discussed in the NPRM, the HMR
generally are performance-oriented
regulations that provide the regulated
community with a certain amount of
flexibility in meeting safety
requirements. However, not every
transportation situation can be
anticipated and included in the
regulations. Innovation is one of the
strengths of our economy and the
hazardous materials community is
particularly strong at developing new
technologies and pioneering ways of
moving materials. Special permits
enable the hazardous materials industry
to quickly, effectively, and safely
integrate new products and technologies
into the production and transportation
stream, thereby providing a mechanism
for testing new technologies, promoting
increased transportation efficiency and
productivity, and ensuring global
competitiveness.
PHMSA conducts ongoing reviews of
special permits to identify widely used
and longstanding special permits with
established safety records for adoption
into the HMR. Adoption of special
permits as rules of general applicability
provides wider access to the benefits
and regulatory flexibility of the
provisions granted in the special
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permits. Factors that influence whether
a special permit is a candidate for
regulatory incorporation include: the
safety record of the special permit; the
properties of the hazardous material; the
transportation operations conducted
under a special permit; the potential for
broad application of a special permit;
suitability of provisions in the special
permit for incorporation into the HMR;
rulemaking activity in related areas; and
agency priorities. Special permits
reduce the volume and complexity of
the HMR by addressing unique or
infrequent transportation situations that
would be difficult to accommodate in
regulations intended for use by a wide
range of shippers and carriers.
Converting special permits into
regulations reduces paperwork burdens.
Although PHMSA does not issue
special permits to industry associations,
PHMSA may issue a special permit to
members of an industry association
when many of its members have a
common interest in obtaining authority
to perform a specific transportation
activity. Special permits issued to the
members of associations are potentially
among the most suitable types of special
permits for later adoption into the HMR.
Such special permits have broad
applicability, and many of them have
been in effect for a number of years and
have proven safety records.
II. List of Commenters, General
Comments, and Beyond-the-Scope
Comments
PHMSA received 16 comments in
response to the NPRM. Some of the
commenters requested that we expedite
the issuance of this final rule because of
impending expiration dates for certain
special permits. We recognize their
concerns and have made every effort to
finalize this rulemaking in an
expeditious manner. While the majority
of the commenters supported the
proposals in the NPRM, some
commenters had suggestions for
additional revisions and one commenter
questioned the safety of certain special
permits. Comments that addressed the
recommendation of additional revisions
are beyond the scope of this rulemaking
(see Beyond-the-Scope comments
following the list of commenters). The
comments, as submitted to this docket,
may be accessed via https://
www.regulations.gov and were
submitted by the following individuals,
companies and associations:
(1) Far West Agribusiness
Association; PHMSA–2010–0017–0002.
(2) Dusty Farm Co-Op; PHMSA–2010–
0017–0003.
(3) The Fertilizer Institute; PHMSA–
2010–0017–0004.
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(4) Trinity Containers, LLC; PHMSA–
2010–0017–0005.
(5) Lisa Anderson; PHMSA–2010–
0017–0006.
(6) North Central AG; PHMSA–2010–
0017–0007.
(7) James T. Osterhaus; PHMSA–
2010–0017–0008.
(8) National Propane Gas Association;
PHMSA–2010–0017–0009.
(9) American Trucking Associations,
Inc.; PHMSA–2010–0017–0010.
(10) American Welding and Tank,
LLC; PHMSA–2010–0017–0011.
(11) National Tank Truck Carriers,
Inc.; PHMSA–2010–0017–0012.
(12) Fisk Tank Carrier; PHMSA–2010–
0017–0013.
(13) National Fire Protection
Association; PHMSA–2010–0017–0014
and 0018.
(14) Agricultural Retailers
Association; PHMSA–2010–0017–0015.
(15) CHS Inc.; PHMSA–2010–0017–
0016.
(16) CHS Agri Service Center;
PHMSA–2010–0017–0017.
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Beyond-the-Scope Comments
Comments that addressed the
recommendation of additional revisions
to those proposed in the NPRM are
beyond the scope of this rulemaking
and, therefore, cannot be addressed for
incorporation into the HMR in this final
rule. Such revisions must first be
presented in an NPRM to provide
opportunity for comment from industry
and the public. While we agree that
certain beyond-the-scope issues merit
PHMSA’s consideration, we urge those
commenters who submitted beyond-thescope issues to request a change in the
regulations by filing the
recommendations as petitions for
rulemakings in accordance with
§§ 106.95 and 106.100.
Beyond-the-Scope comments to this
rulemaking include the following:
• The National Tank Truck Carriers
(NTTC) had concerns about carrier-type
status and limitations to nonagricultural operations, stating that all
special permits should have these
limitations removed. This rulemaking
addresses incorporating special permits
as currently written.
• For SP 11209 and SP 13113, the
American Trucking Association (ATA)
contended that the special permits
should not be limited to private motor
carriers and agricultural operations,
adding that PHMSA must provide
evidence that for-hire carriers and nonagricultural activities are unsafe. As
stated previously, this rulemaking
addresses incorporating special permits
as currently written. ATA is encouraged
to further explain its arguments in favor
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of wider applicability of the provisions
and submit a petition for rulemaking.
• For SP 11209, the National Fire
Protection Association (NFPA)
questioned why the special permit
requires that the cargo tanks be painted
white, aluminum, or other light
reflecting color, because it is not a
requirement in NFPA 58 for propane
storage tanks. This rulemaking
addresses incorporating special permits
as currently written.
• For SP 11209, NTTC asked whether
a carrier should follow the HMR
requirements or the NFPA requirements
in cases where the HMR adopts an
NFPA requirement by citing it in the
HMR regulatory text. NTTC states that
in such cases, there are a number of
places in NFPA pamphlets that conflict
with requirements in the HMR. The
commenter suggests that special permits
should include a statement that cargo
tanks must conform to a certain NFPA
requirement unless that requirement
conflicts with an HMR requirement. In
its comment, NFPA provided the
following example: ‘‘NFPA requires
double bulkheads between
compartments on cargo tanks hauling
flammable liquids while Title 49 CFR
does not.’’ While this may be an issue
that requires further investigation, SP
11209 authorizes the transport of
liquefied petroleum gases, not
flammable liquids. We are unaware of
conflicts between NFPA Pamphlet 58
and SP 11209 or any other incorporated
by reference material, but we invite
NTTC to identify any conflicts and
present their issues in a petition for
rulemaking. This rulemaking addresses
incorporating special permits as
currently written.
• For SP 13113, the Agricultural
Retailers Association (ARA) suggested
that movements of liquid pesticide
fumigants in MC 306, DOT 406, and
DOT 57 containers should be authorized
from distribution point to retail facility.
The association stated that there is no
safety difference between movements
from distribution point to retail facility
and movements from retail facility to
farm. This rulemaking addresses
incorporating special permits as
currently written.
• For SP 10950, the Far West
Agribusiness Association, the Fertilizer
Institute, and Dusty Farm Co-Op
support the rulemaking, but recommend
that we expand the current 50 air mile
radius to a 100 air mile radius for
consistency with the Federal Motor
Carrier Safety Administration’s
(FMCSA) regulations. This rulemaking
addresses incorporating special permits
as currently written.
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• For SP 13554, Trinity Containers
requested that, for nurse tanks, a
percentage of the actual material
thickness or five percent be used for the
head and shell minimum thickness
allowance. ARA stated that when SP
13554 was originally granted, the
specifications of older nurse tanks were
used to determine a minimum head and
body thickness for a tank to pass the
thickness test. The commenter stated
that, currently, nurse tanks are built
with a different diameter and grade of
material, which allows the tanks to be
built thinner than previously built, yet
still conform to the ASME Code
standards. The result is that many new
nurse tanks do not meet the thickness
thresholds in SP 13554 due to improved
engineering. American Welding and
Tank LLC stated that PHMSA should
take into consideration the ASME Code
thickness changes throughout the years
applicable to one thickness for heads
and one for shells. The commenter
states that the head and shell minimum
thickness allowance does not consider
the tank diameter or the edition of the
ASME Code in effect when the tanks
were manufactured. American Welding
requests that we incorporate an
allowable reduction material thickness
based on the actual thickness of the
tank. This rulemaking addresses
incorporating special permits as
currently written.
• Under its SP 13554 comments, ATA
recommends that PHMSA incorporate
standards that are available free of
charge. No new standards were
proposed to be incorporated into the
HMR, nor adopted in this final rule. The
free-of-charge comment is beyond the
scope of this rulemaking.
• Fisk Tank Carrier requested that we
add the provisions of a seventh special
permit, SP 14980, which authorizes the
one-way transportation in commerce of
liquefied petroleum gas (LPG) in certain
non-DOT specification storage tanks by
private carrier motor vehicle.
• NFPA suggested that we
incorporate by reference the 2011
edition of the NFPA 58 that was
published in September of 2010. If not
possible due to time constraints, they
recommend that we adopt the 2008
edition.
• NTTC objected to PHMSA
incorporating by reference materials that
are prepared by third party private
entities when the material is not made
publicly available to the regulated
industry.
• The Fertilizer Institute requested
that we address a petition for
rulemaking that they previously
submitted and that requested PHMSA to
require the testing of all nurse tanks
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regardless of illegible identification
plates. The petition will be addressed in
a separate future rulemaking.
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III. Discussion of Amendments and
Applicable Comments
The six special permits addressed in
this final rule that authorize cargo tank
transportation operations not
specifically permitted under the HMR
were initially issued to members of
industry associations or similar
organizations. They have wellestablished safety records and therefore
PHMSA has determined that they are
excellent candidates for incorporation
into the HMR. Incorporating these
special permits into the HMR will
eliminate the need for over 10,000
current grantees to reapply for the
renewal of six special permits every four
years and for PHMSA to process the
renewal applications, thereby
eliminating a significant paperwork
burden both on industry and the
government.
A discussion of incorporating the
provisions of six special permits into
the HMR and their applicable comments
follows below. As discussed earlier in
this preamble, most of the commenters
are supportive of this rulemaking. Those
comments that are within the scope of
this rulemaking are discussed below.
The Fertilizer Institute pointed out
that in the NPRM’s preamble, we
reversed the paragraph numbers in the
preamble from the regulatory text for
§ 173.315(m)(2) and (m)(3). The NPRM’s
preamble error is noted. The regulatory
text was correct in the proposed
regulatory text, and the preamble
discussion in this final rule reflects the
correction of the printing error.
Lisa Anderson is opposed to
incorporating some of the proposed
special permits because she contends
that they do not provide an equivalent
level of safety as cargo tanks tested
under the current requirements in Part
180 of the HMR. As discussed in the
preambles of the NPRM and this final
rule, we chose the six permits addressed
in this rulemaking precisely because of
their demonstrated safety records.
Although the comment is duly noted,
we do suggest that the commenter
submit a petition for rulemaking.
A. Moveable Fuel Storage Tenders
SP 11209 authorizes the
transportation of LPG in non-DOT
specification cargo tank motor vehicles,
commonly known as moveable fuel
storage tenders, used exclusively for
agricultural purposes. Moveable fuel
storage tenders are used to supply LPG
fuel to farmers for crop drying, crop
irrigation, flame weeding, plant
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defoliation prior to harvest, and other
agricultural operations.
This special permit has been in effect
since 1994 and has been utilized by over
3,400 grantees. A review of the
Hazardous Materials Incident Data
library did not reveal any incidents
related to this special permit over the
past ten years. Each vehicle operated
under this special permit conforms to
the ASME Code in effect at the time of
its manufacture. Provisions governing
the design and use of these vehicles are
included in NFPA 58, Liquefied
Petroleum Gas Code.
Mr. James T. Osterhaus, NPGA, CHS
Inc., and CHS Agri Service Center,
submitted the following comments (see
their full comments at https://
www.regulations.gov). James Osterhaus
took issue with the following sentence
from the preamble text of the NPRM: ‘‘In
addition, transportation of a moveable
fuel storage tender to an LPG
distribution facility for re-filling would
be permitted only if it contains no more
than five percent of its water capacity.’’
Mr. Osterhaus is correct that this
sentence could be misleading because
moveable fuel storage tenders are not
permitted to be ‘‘refilled’’ at any location
except the point of use. However, we
believe that proposed § 173.5(d)(9),
taken from the special permit, is clear:
‘‘Transportation of the movable fuel
storage tender between its point of use
and a liquefied petroleum gas
distribution facility is authorized only if
the cargo tank contains no more than
five percent of its water capacity.’’ Mr.
Osterhaus suggests that we add the
following language for clarity, ‘‘A
movable fuel storage tender may only be
filled at the consumer’s premises or
point of use. Transportation of a
moveable fuel storage tender containing
more than five percent of its water
capacity from a liquefied distribution
facility to a consumer’s premises or
point of use is prohibited.’’ We agree
that the first sentence of Mr. Osterhaus’
suggestion would ensure clarity, and we
have added it to § 173.5(d)(9). We
believe the addition of the second
sentence would be redundant.
The National Fire Protection
Association (NFPA) recommends that
we revise ‘‘NFPA Pamphlet 58’’ to read
more correctly as ‘‘NFPA 58, Liquefied
Petroleum Gas Code.’’ We agree and
have made the correction each place it
appears in this rulemaking (§§ 173.5 and
173.315 for SP 11209 and SP 13554,
respectively). NFPA also recommends
that we incorporate a more current
edition of this Code into the HMR (see
Beyond-the-Scope comments in Section
II of this preamble).
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Additionally, NFPA suggests that we
revise the regulatory text for
incorporating SP 11209 into § 173.5 by
removing paragraphs (d)(1), (d)(2), (d)(3)
and (d)(6) because the paragraphs
duplicate the requirements in NFPA 58,
Liquefied Petroleum Gas Code. We
disagree with NFPA. We believe that
deleting these paragraphs from the HMR
is unnecessary and that the inclusion of
the paragraphs provides a user-friendly
aspect to this section. We are, therefore,
leaving the paragraphs in place.
This final rule incorporates the terms
of SP 11209 into the HMR as proposed
in the NPRM with the exception of the
addition of the following sentence to
§ 173.5(d)(9) for clarification: ‘‘A
movable fuel storage tender may only be
filled at the consumer’s premises or
point of use.’’ PHMSA is amending
§ 173.5 to authorize the transportation of
LPG in moveable fuel storage tenders
used exclusively for agricultural
purposes and operated by a private
motor carrier. (A ‘‘private motor carrier,’’
as defined in interpretation letters
issued by PHMSA, is a carrier who
transports the business’s own products
and does not provide such
transportation service to other
businesses). As proposed in the NPRM,
a non-DOT specification cargo tank
motor vehicle used as a moveable fuel
storage tender must: (1) Have a
minimum design pressure of 250 psig;
(2) conform to the requirements of the
ASME Code in effect at the time the
cargo tank was manufactured and
marked accordingly; (3) have a water
capacity of 1,200 gallons or less; (4)
conform to applicable requirements in
NFPA 58, Liquefied Petroleum Gas
Code; and (5) be mounted securely on
a motor vehicle. In addition, the cargo
tank must be filled as prescribed in
§ 173.315(b). When filled, transportation
of a moveable fuel storage tender would
be limited to movements over local
roads between fields using the shortest
practical distance. In addition,
transportation of a moveable storage fuel
tender to a moveable fuel storage tender
facility would be permitted only if it
contains no more than five percent of its
water capacity.
B. Liquid Soil Pesticide Fumigants
SP 13113 authorizes the
transportation of Division 6.1 liquid soil
pesticide fumigants in MC 306 and DOT
406 cargo tank motor vehicles and DOT
57 portable tanks used exclusively for
agricultural purposes. Liquid soil
pesticide fumigants are used by farmers
as an alternative to the agricultural use
of methyl bromide to ensure the
adequate protection of crops from pest
infestation and to preserve agricultural
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productivity. Transportation of these
materials is limited to private motor
carriage and must be between a bulk
loading facility and farms (including
between farms) not exceeding 150 miles
from one another.
This special permit has been in effect
since 2002 and has been utilized by
hundreds of grantees. A review of the
Hazardous Materials Incident Data
library did not reveal any incidents
related to this special permit since the
date of its issuance. Prior to 2002, when
this material was classed as
Dichloropropenes, 6.1, UN2047, PG III,
it was routinely shipped, in accordance
with § 173.242, in MC 306 and DOT 406
cargo tanks and DOT 57 portable tanks.
The same tanks have been widely used
to transport gasoline, a low flashpoint
PG II liquid. The pressure relief systems
and bottom discharge equipment on the
cargo tanks offer equivalent safety in
terms of containment and operation of
pressure relief systems. Also, stainless
steel DOT 57 portable tanks provide
comparable containment to metal, rigid
plastic, and composite Intermediate
Bulk Containers (IBCs), which are
authorized for transport of Division 6.1
liquid soil pesticide fumigants under
§ 173.202.
PHMSA is incorporating the terms of
SP 13113 into the HMR by amending
§ 173.5. MC 306 and DOT 406 cargo
tank motor vehicles used for the
transportation of these fumigants must:
(1) meet qualification and maintenance
requirements (including periodic testing
and inspection) in accordance with
Subpart E of Part 180; and (2) conform
to the pressure relief system
requirements specified in
§ 173.243(b)(1). In addition, MC 306
cargo tank motor vehicles must be
equipped with stop-valves capable of
being remotely closed by manual and
mechanical means; and DOT 406 cargo
tanks must conform to the bottom outlet
requirements specified in
§ 173.243(b)(2). DOT 57 portable tanks
used to transport Division 6.1 liquid soil
pesticide fumigants must be constructed
of stainless steel.
C. Non-DOT Specification Cargo Tanks
Used for Roadway Striping
SP 12284 authorizes the
transportation in commerce of certain
hazardous materials used for roadway
striping in non-DOT specification cargo
tanks. These non-DOT specification
cargo tanks are used for the low hazard
job of applying roadway striping to
paved roads throughout the United
States.
This special permit has been in effect
since 1999 and has been utilized by over
100 grantees. A review of the Hazardous
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Materials Incident Data library did not
reveal any incidents related to this
special permit since the date of its
issuance. Based on this safety record,
PHMSA is incorporating the provisions
of SP 12284 into the HMR by adding a
new paragraph (c) to § 173.5a to
authorize the transportation of certain
hazardous materials used for roadway
striping in non-DOT specification cargo
tanks provided the conditions specified
in the new paragraph are met. The new
paragraph (c) specifies conditions that
include packaging specifications,
inspection and testing requirements,
requirements for maintaining records,
and operational controls. Consistent
with the special permit, paragraph (c)
includes certain/special marking
requirements that are in addition to the
applicable marking and placarding
requirements in subparts D and F. The
section title heading is also revised to
reflect the addition of non-DOT
specification cargo tanks used for
roadway striping into this section.
Finally, § 173.242(b) is revised to
include the authorization to use nonDOT specification cargo tanks used for
roadway striping.
D. LPG Storage Containers
SP 13341 authorizes the
transportation by private motor carrier
of LPG in consumer storage containers
in quantities greater than five percent of
the container’s water capacity. The
storage containers designated in the
special permit are designed for
permanent installation on consumer
premises. The special permit authorizes
one-way transportation only, from the
consumer location to the container
owner’s nearest LPG plant.
This special permit has been in effect
since 2004 and has been utilized by
several thousand grantees. A review of
the Hazardous Materials Incident Data
library did not reveal any incidents
related to this special permit since the
date of its issuance. Prior to 1998,
consumer storage containers filled with
LPG to greater than five percent water
capacity were routinely transported
without any known incidents. The
prohibition of transporting containers
filled to more than five percent water
capacity resulted from concern of the
potential for confusion between ASME
and DOT tanks, as ASME tanks are not
designed to be lifted by the lugs with
product inside. This final rule requires
lifting with slings, not by the lugs. Also,
transporting a tank with some product
is sometimes preferable from a safety
standpoint than removing LPG from a
tank at a residence. NPGA, CHS Inc.,
and CHS Agri Service Center offered
additional safety and efficiency
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information concerning this special
permit in their comments (see their
comments at https://
www.regulations.gov).
PHMSA is incorporating the terms of
SP 13341 into the HMR by revising
§ 173.315(j) to authorize the
transportation of LPG in consumer
storage containers in quantities greater
than five percent of the container’s
water capacity. The storage container
must have a water capacity not
exceeding 500 gallons and be ASME ‘‘U’’
stamped to indicate that it was designed
and constructed in accordance with
ASME Code requirements. In addition,
the container must be inspected for
leaks, corroded or abraded areas, dents,
weld distortions, or any other
conditions that could make the
container unsafe for transportation.
PHMSA is also requiring that: (1) Only
one storage container be transported at
one time on a motor vehicle; (2) the
storage container be lifted by slings, not
by lifting lugs; and (3) the storage
container be loaded and secured on the
motor vehicle so that the container is
well-secured against movement and
completely within the envelope of the
vehicle. Finally, transportation is
limited to one-way movement from the
consumer’s premises to the container
owner’s nearest facility.
E. Nurse Tanks
Nurse tanks are non-DOT
specification cargo tanks used to
transport and apply anhydrous
ammonia fertilizers. The HMR authorize
the use of nurse tanks operated by
private motor carriers exclusively for
agricultural purposes provided that the
nurse tank: (1) Has a minimum design
pressure of 250 psig and meets the
requirements of Section VIII of the
ASME code in effect at the time the
nurse tank was manufactured; (2) is
equipped with pressure relief valves;
(3) has a capacity of 3,000 gallons or
less; (4) is loaded to a filling density no
greater than 56 percent; and (5) is
securely mounted on a farm wagon.
Because they are non-DOT specification
containers, nurse tanks that are not
operating under a special permit are not
subject to periodic inspection, testing,
or requalification requirements.
Nurse tanks mounted on field trucks.
SP 10950 authorizes the use of a nurse
tank securely mounted on a field truck.
Field trucks are specifically designed
and equipped to improve safety and
efficiency by being more maneuverable
and more stable than a farm wagon
when moving over hilly terrain. A
definition for field trucks is specified in
§ 173.315 as new paragraph (m)(3)(iv).
These trucks are operated in remote
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rural areas in eastern Washington,
Oregon, and northern Idaho within a
short distance of the fertilizer
distribution point. The special permit
has been in effect since 1993 and has
been utilized by over one hundred
grantees. A review of the Hazardous
Materials Incident Data library did not
reveal any incidents related to this
special permit since the date of its
issuance. Tanks operated under this
special permit are subject to the
periodic testing requirements under
Subpart E of Part 180.
The American Trucking Associations
(ATA) supports the incorporation of the
provisions in SP 10950 into the HMR.
However, the organization requests that
registration be a requirement, stating
that PHMSA would lose the ability to
track transporters of anhydrous
ammonia and other hazardous materials
without such a requirement, thereby
losing its ability to quantify safety
performance, collect data, initiate
investigations and pursue enforcement
actions. We believe ATA misread SP
10590 as excepting the permit holder
from registration requirements. This is
not the case. The special permit
specifically states in Item 11, third
bullet, that the permit holders must
comply with the registration
requirements.
For SP 10950 provisions, ATA also
requested that we incorporate an
exception from the security plan
requirements ‘‘similar to the exemption
afforded to users of anhydrous ammonia
nurse tanks.’’ If ATA is referring to SP
13554, Item 11, second bullet, that
provision specifically requires
conformance to the security plan
requirements. Users of SP 13554 were
not excepted from security
requirements, and as stated earlier in
this preamble, we are not deviating from
the current special permit provisions in
this rulemaking. Therefore, the security
plan requirements in Subpart I of Part
172 will remain applicable to nurse
tanks mounted on field trucks. PHMSA
is incorporating the provisions of SP
10950 into the HMR by adding a new
paragraph (m)(3) to § 173.315.
Nurse tanks with missing or illegible
ASME plates. As indicated above, nurse
tanks must be manufactured in
accordance with the applicable ASME
Code requirements in effect at the time
of manufacture. The ASME Code
requires tanks built to its specifications
to have an attached plate that lists the
manufacturer, maximum allowable
working pressure, minimum design
metal temperature, and the year of
manufacture. A number of nurse tanks
are missing the required ASME plates or
have illegible ASME plates. SP 13554
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permits the continued use in anhydrous
ammonia service of nurse tanks with
missing or illegible ASME plates
provided the tanks are inspected and
tested. Specifically, the tanks must
undergo an external visual inspection
and testing using the procedures
specified in § 180.407(d), a thickness
test using the procedures specified in
§ 180.407(i), and a pressure test using
the procedures specified in § 180.407(g).
The special permit also establishes
minimum head and shell thickness, and
nurse tanks not meeting those levels
must be removed from service. Nurse
tanks that pass the above-described tests
must be marked with a unique owner’s
identification number and must pass the
same tests at least every five years to
remain in service.
We received a comment from ATA
under SP 13554 which stated concern
‘‘over PHMSA’s incorporation of
industry consensus standards into the
HMR where such standards are
developed without the benefit of formal
rulemaking and where such standards
are not provided to the public free of
charge. This pay-to-play system of
developing regulatory standards raises
questions under the Administrative
Procedures Act (5 U.S.C. 500 et seq.),
which requires agencies to provide
interested persons with notice and an
opportunity to participate in the
rulemaking process.’’ The commenter
continued, ‘‘To cure this defect, PHMSA
should first publish the industry
standard in the Federal Register and
solicit comments on it prior to its
incorporation in the HMR.’’ PHMSA is
not adopting any new standards in this
final rule, as the Section VIII of the
ASME Code was previously
incorporated by reference into the HMR.
This special permit has been in effect
since 2004 and has been utilized by
thousands of grantees. A review of the
Hazardous Materials Incident Data
library did not reveal any incidents
related to this special permit since the
date of its issuance. Although 49 CFR
173.315(m) requires that a nurse tank
‘‘meet the requirements of the edition of
Section VIII of the ASME Code in effect
at the time it was manufactured and is
marked accordingly,’’ if the plate is
missing or illegible the nurse tank
cannot be used. Therefore, these
additional requirements that nurse tanks
operating under the special permit must
follow (i.e., the thickness testing, the
pressure testing, and the external visual
inspection), provide information about
condition of the tank to ensure for the
safe continued use of these tanks.
In this final rule, PHMSA is
incorporating the terms of SP 13554 into
the HMR by adding a new paragraph
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(m)(2) in § 173.315. Existing nurse tanks
with missing or illegible ASME plates
that successfully pass the required
inspections and tests and are marked
with a unique identifier are authorized
to remain in service.
In Summary
Based on the above discussion, this
final rule amends the HMR by
incorporating the provisions contained
in six widely used and longstanding
cargo tank special permits that, in
summary, will provide the following:
• Authorization to transport liquefied
petroleum gas (LPG) in non-DOT
specification cargo tank motor vehicles
known as moveable fuel storage tenders
that are used exclusively for agricultural
purposes (SP 11209).
• Authorization to transport Division
6.1 liquid soil pesticide fumigants in
DOT Specification MC 306 and DOT
406 cargo tank motor vehicles and DOT
57 portable tanks, used exclusively for
agricultural purposes (SP 13113).
• Authorization to transport certain
hazardous materials used for roadway
striping in non-DOT specification cargo
tanks (SP 12884).
• Authorization for private motor
carriers to transport LPG in consumer
storage containers in quantities greater
than five percent of the container’s
water capacity (SP 13341).
• Authorization to transport nurse
tanks securely mounted on field trucks
(SP 10950).
• Authorization for nurse tanks with
missing or illegible ASME plates to
continue to be used in anhydrous
ammonia service under specified
conditions (SP 13554).
Additionally, in § 171.7, we are
revising the entry, American Society of
Mechanical Engineers (ASME) and the
National Fire Protection Association
(NFPA) to reflect the addition of the
incorporated by reference materials to
the applicable adopted regulatory text.
In § 173.23, we are redesignating
current paragraph (h) as new paragraph
(i) and adding a provision to new
paragraph (h) that authorizes packagings
permanently marked with a special
permit number for which the provisions
of the special permit were incorporated
into the HMR to continue to be used for
the life of the packagings without
removing or obliterating the special
permit markings. This provision will
serve to avoid imposing the burden of
requiring the removal from service of
such packagings while the markings are
removed or obliterated.
Finally, in § 173.242, we are revising
paragraph (b) to reflect the authorization
of non-DOT specification cargo tanks
used for roadway striping.
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IV. Rulemaking Analyses and Notices
C. Executive Order 13132
A. Statutory/Legal Authority for This
Rulemaking
This final rule was analyzed in
accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’). This final rule
will preempt state, local and Indian
tribe requirements but does not propose
any regulation that has substantial
direct effects on the states, the
relationship between the national
government and the states, or the
distribution of power and
responsibilities among the various
levels of governments. Therefore, the
consultation and funding requirements
of Executive Order 13132 do not apply.
Federal hazardous material
transportation law, 49 U.S.C. 5101–
5128, contains an express preemption
provision (49 U.S.C 5125(b)) preempting
state, local and Indian tribe
requirements on certain covered
subjects. Covered subjects are:
(1) The designation, description, and
classification of hazardous materials;
(2) The packing, repacking, handling,
labeling marking, and placarding of
hazardous materials;
(3) The preparation, execution, and
use of shipping documents related to
hazardous materials and requirements
related to the number, contents, and
placement of those documents;
(4) The written notification,
recording, and reporting of the
unintentional release in transportation
of hazardous materials; and
(5) The design, manufacture,
fabrication, marking, maintenance,
reconditioning, repair, or testing of a
packaging or container represented,
marked, certified, or sold as qualified
for use in transporting hazardous
materials.
This final rule addresses covered
subject items (2), (3), and (5) and would
preempt any State, local, or Indian tribe
requirements not meeting the
‘‘substantively the same’’ standard.
Federal hazardous materials
transportation law provides at 49 U.S.C.
§ 5125(b)(2) that, if PHMSA issues a
regulation concerning any of the
covered subjects, PHMSA must
determine and publish in the Federal
Register the effective date of Federal
preemption. The effective date may not
be earlier than the 90th day following
the date of issuance of the final rule and
not later than two years after the date of
issuance. The effective date of Federal
preemption is 90 days after the
publication of this final rule in the
Federal Register.
This final rule is published under the
authority of 49 U.S.C. 5103(b), which
authorizes the Secretary to prescribe
regulations for the safe transportation,
including security, of hazardous
material in intrastate, interstate, and
foreign commerce. 49 U.S.C. 5117(a)
authorizes the Secretary of
Transportation to issue special permits,
which exempt a person transporting a
hazardous material, or a person causing
a hazardous material to be transported,
from a regulation promulgated under 49
U.S.C. 5103(b), 5104, 5110, or 5112 of
the Federal Hazardous Materials
Transportation Law. The conditions or
‘‘safety control measures’’ of each special
permit must ensure that the action
performed pursuant to the special
permit achieves a safety level at least
equal to the safety level required under
the law, or consistent with the public
interest, if a required safety level does
not exist. This final rule will amend the
regulations by incorporating provisions
from certain widely used and
longstanding special permits that have
established a history of safety.
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B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
This final rule is not considered a
significant regulatory action under
section 3(f) and was therefore not
reviewed by the Office of Management
and Budget (OMB). The rulemaking is
not considered a significant rule under
the Regulatory Policies and Procedures
order issued by the Department of
Transportation (44 FR 11034).
In this final rule, PHMSA is amending
the HMR by incorporating alternatives
this agency has permitted under widely
used and longstanding special permits
with established safety records that we
have determined meet the safety criteria
for inclusion in the HMR. Incorporation
of these special permits into regulations
of general applicability will provide
shippers and carriers with additional
flexibility to comply with established
safety requirements, thereby reducing
transportation costs and increasing
productivity. In addition, the provisions
in this NPRM will reduce the paperwork
burden on industry and this agency
caused by continued renewals of special
permits. The provisions of this final rule
will promote the continued safe
transportation of hazardous materials
while reducing transportation costs for
the industry and administrative costs for
the agency.
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D. Executive Order 13175
This final rule was analyzed in
accordance with the principles and
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5489
criteria contained in Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
Because this final rule does not have
tribal implications and does not impose
substantial direct compliance costs on
Indian tribal governments, the funding
and consultation requirements of
Executive Order 13175 do not apply.
E. Regulatory Flexibility Act, Executive
Order 13272, and DOT Procedures and
Policies
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires an agency to
review regulations to assess their impact
on small entities. An agency must
conduct a regulatory flexibility analysis
unless it determines and certifies that a
rule is not expected to have a significant
impact on a substantial number of small
entities. This final rule incorporates into
the HMR certain widely used special
permits. Incorporation of these special
permits into regulations of general
applicability will provide shippers and
carriers with additional flexibility to
comply with established safety
requirements, thereby reducing
transportation costs and increasing
productivity. Therefore, I certify this
rulemaking will not have a significant
economic impact on a substantial
number of small entities.
This final rule has been developed in
accordance with Executive Order 13272
(‘‘Proper Consideration of Small Entities
in Agency Rulemaking’’) and DOT’s
procedures and policies to promote
compliance with the Regulatory
Flexibility Act to ensure that potential
impacts of rules on small entities are
properly considered.
F. Paperwork Reduction Act
This final rule does not impose new
information collection requirements.
PHMSA has an approved information
collection under OMB Control Number
2137–0051, ‘‘Rulemaking, Special
Permits, and Preemption Requirements,’’
currently being reviewed for renewal by
OMB. This final rule may result in a
decrease in the annual burden and costs
under OMB Control Number 2137–0051
due to the revisions to incorporate
provisions contained in certain widely
used or longstanding special permits
that have established safety records.
Under the Paperwork Reduction Act
of 1995, no person is required to
respond to an information collection
unless it has been approved by OMB
and displays a valid OMB control
number. Section 1320.8(d), Title 5, Code
of Federal Regulations requires that
PHMSA provide interested members of
the public and affected agencies an
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opportunity to comment on information
and recordkeeping requests.
PHMSA has developed burden
estimates to reflect changes in this final
rule. PHMSA estimates that the
information collection and
recordkeeping burden in this final rule
would be decreased as follows:
OMB Control No. 2137–0051:
Decrease in Annual Number of
Respondents: 185.
Decrease in Annual Responses: 185.
Decrease in Annual Burden Hours:
185.
Decrease in Annual Burden Costs:
$7,400.
Requests for a copy of this
information collection should be
directed to Deborah Boothe or T. Glenn
Foster, Standards and Rulemaking
Division, Pipeline and Hazardous
Materials Safety Administration, 1200
New Jersey Avenue, SE., Washington,
DC 20590–0001, Telephone (202) 366–
8553.
G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN)
is assigned to each regulatory action
listed in the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. The RIN contained in the heading
of this document may be used to crossreference this action with the Unified
Agenda.
H. Unfunded Mandates Reform Act of
1995
This final rule does not impose
unfunded mandates under the
Unfunded Mandates Reform Act of
1995. It does not result in costs of
$141.3 million or more to either state,
local or tribal governments, in the
aggregate, or to the private sector, and
is the least burdensome alternative that
achieves the objective of the rule.
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I. Environmental Assessment
The National Environmental Policy
Act of 1969 (NEPA), as amended (42
U.S.C. 4321–4347), requires Federal
agencies to consider the consequences
of major Federal actions and prepare a
detailed statement on actions that
significantly affect the quality of the
human environment.
The hazardous materials regulatory
system is a risk management system that
is prevention oriented and focused on
identifying hazards and reducing the
probability and quantity of a hazardous
materials release. Hazardous materials
are categorized by hazard analysis and
experience into hazard classes and
packing groups. The regulations require
each shipper to classify a material in
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accordance with these hazard classes
and packing groups; the process of
classifying a hazardous material is itself
a form of hazard analysis. Further, the
regulations require the shipper to
communicate the material’s hazards by
identifying the hazard class, packing
group, and proper shipping name on
shipping papers and with labels on
packages and placards on transport
vehicles. Thus, the shipping paper,
labels, and placards communicate the
most significant findings of the
shipper’s hazard analysis. Most
hazardous materials are assigned to one
of three packing groups based upon its
degree of hazard, from a high hazard
Packing Group I material to a low
hazard Packing Group III material. The
quality, damage resistance, and
performance standards for the
packagings authorized for the hazardous
materials in each packing group are
appropriate for the hazards of the
material transported.
Hazardous materials are transported
by aircraft, vessel, rail, and highway.
The potential for environmental damage
or contamination exists when packages
of hazardous materials are involved in
transportation incidents. The need for
hazardous materials to support essential
services means transportation of highly
hazardous materials is unavoidable.
However, these shipments frequently
move through densely populated or
environmentally sensitive areas where
the consequences of an incident could
be loss of life, serious injury, or
significant environmental damage. The
ecosystems that could be affected by a
hazardous materials release during
transportation include atmospheric,
aquatic, terrestrial, and vegetal
resources (for example, wildlife
habitats). The adverse environmental
impacts associated with releases of most
hazardous materials are short-term
impacts that can be greatly reduced or
eliminated through prompt clean-up of
the incident scene.
In this final rule, PHMSA is
incorporating the terms of six special
permits into the HMR. Several of the
proposals in this NPRM involve the
transportation of LPG. LPG is a Division
2.1 (flammable gas) material that poses
an explosive, fire, blast, or projection
hazard. If released, LPG may cause eye
or skin irritation and, if inhaled, it may
irritate the respiratory tract. Moderate
exposure may cause headache or
dizziness. Elevated exposure may cause
unconsciousness or respiratory arrest.
Further, by diluting the oxygen
concentration in air below the level
necessary to support life, LPG can act as
an asphyxiant. LPG is not known to
cause long-term ecological damage. The
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provisions in this final rule are intended
to ensure that LPG will be transported
in a variety of applications with no
release from its packaging and, thus, no
adverse safety or environmental
impacts.
One of the provisions in this final rule
involves Division 6.1 liquid soil
pesticide fumigants. Soil fumigation is a
chemical control strategy used
independently or in conjunction with
cultural and physical control methods
to reduce populations of soil organisms.
Soil fumigants can effectively control
soil-borne organisms, such as
nematodes, fungi, bacteria, insects,
weed seeds, and weeds. Different
fumigants have varying effects on the
control of these pests. Some are pestspecific, while others are broad
spectrum biocides that kill most soil
organisms. Soil fumigants are used in
agriculture, nurseries, ornamental
beddings, forest systems, and other
areas where soil-borne pests can harm
or devastate desirable plants. Because of
treatment costs, applicators use soil
fumigants primarily on high value
crops, such as vegetables, fruits, and
ornamentals. Control of soil-borne pests
increases plant aesthetics, plant quality
and vigor, crop yields, and ultimately
profitability. Soil fumigants are closely
regulated by the Environmental
Protection Agency to prevent adverse
health impacts to agricultural workers
or bystanders (people who live, work, or
otherwise spend time near fields that
are fumigated). This final rule will help
to ensure that liquid soil pesticide
fumigants are transported without
incident on or between farms and the
bulk loading facility.
Several provisions in this final rule
address the transportation of anhydrous
ammonia. Anhydrous ammonia is a
poisonous by inhalation (PIH) material.
When anhydrous ammonia is released
into water, it floats on the surface,
rapidly dissolving into the water as
ammonium hydroxide while
simultaneously boiling into the
atmosphere as gaseous ammonia. High
concentrations of ammonia (greater than
1700 parts per million (ppm)) in the
atmosphere cause compulsive coughing
and death, while lower concentrations
(lower than 700 ppm) cause eye and
throat irritation. Ammonia is lighter
than air so that it dissipates in the
atmosphere, the rate of dissipation
depending on weather and wind
conditions.
In an aquatic or wetland environment,
ammonium hydroxide would cause fish,
planktonic, and benthic organism
mortality in the vicinity of the release,
the amount depending on the volume of
anhydrous ammonia released. The
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chemical would also strip protective
oils from the feathers of shore birds,
causing drowning or infection. Such
die-offs could spur high nutrient levels
that could stimulate noxious blooms of
algae. Terrestrial vegetation would also
be either damaged or killed, depending
on atmospheric concentrations.
The cleanup effort from a release of
anhydrous ammonia would require the
removal of soil containing anhydrous
ammonia quickly to avoid
contamination of the water table.
Ammonia emissions would be released
during the cleanup effort as
contaminated soil is disturbed.
The provisions in this final rule will
require certain nurse tanks used to
transport anhydrous ammonia to, from,
and between farm fields to be inspected
and tested periodically to identify
problems that could result in a leak or
release.
There are no significant
environmental impacts associated with
the provisions in this final rule. In the
NPRM, PHMSA specifically solicited
comments on the potential
environmental impacts of adopting the
provisions of the six special permits,
and none were received. The process
through which special permits are
issued requires the applicant to
demonstrate that the alternative
transportation method or packaging
provides an equivalent level of safety as
that provided in the HMR. Implicit in
this process is that the special permit
must provide an equivalent level of
environmental protection as that
provided in the HMR. Thus,
incorporation of special permits as
regulations of general applicability
maintains the existing environmental
protections built into the HMR. In
addition, the provisions applicable to
nurse tanks will enhance the integrity of
those tanks, thereby reducing the
possibility of an anhydrous ammonia
release.
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J. Privacy Act
Anyone is able to search the
electronic form of all comments and
written communications received into
any of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (65 FR 19477–78), or at https://
www.regulations.gov.
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List of Subjects
49 CFR Part 171
Exports, Hazardous materials
transportation, Hazardous waste,
Imports, Incorporation by reference,
Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation,
Incorporation by reference, Packaging
and containers, Radioactive materials,
Reporting and recordkeeping
requirements, Uranium.
In consideration of the foregoing, 49
CFR chapter I is amended as follows:
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
1. The authority citation for part 171
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45 and 1.53; Pub. L. 101–410 section
4 (28 U.S.C. 2461 note); Pub. L. 104–134
section 31001.
2. In § 171.7, in the paragraph (a)(3)
table, in the second column, ‘‘49 CFR
reference,’’ under the entry, National
Fire Protection Association, the entry
‘‘NFPA 58—Liquefied Petroleum Gas
Code, 2001 Edition’’ is amended by
adding the section ‘‘173.5’’ in
appropriate numerical order.
■
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
3. The authority citation for part 173
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45, 1.53.
4. In § 173.5, paragraphs (d), (e), and
(f) are redesignated as paragraphs (f), (g)
and (h) respectively, and new
paragraphs (d) and (e) are added to read
as follows:
■
§ 173.5
Agricultural operations.
*
*
*
*
*
(d) Moveable fuel storage tenders. A
non-DOT specification cargo tank motor
vehicle may be used to transport
Liquefied petroleum gas, UN1075,
including Propane, UN1978, as
moveable fuel storage tender used
exclusively for agricultural purposes
when operated by a private carrier
under the following conditions:
(1) The cargo tank must have a
minimum design pressure of 250 psig.
(2) The cargo tank must meet the
requirements of the HMR in effect at the
time of its manufacture and must be
marked accordingly. For questions
regarding these requirements, contact
PHMSA by either:
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5491
(i) Telephone (800) 467–4922 or (202)
366–4488 (local); or
(ii) By electronic mail (e-mail) to:
infocntr@dot.gov.
(3) The cargo tank must have a water
capacity of 1,200 gallons or less.
(4) The cargo tank must conform to
applicable requirements in National Fire
Protection Association (NFPA) 58,
Liquefied Petroleum Gas Code (IBR, see
§ 171.7 of this subchapter).
(5) The cargo tank must be securely
mounted on a motor vehicle.
(6) The cargo tank must be filled in
accordance with § 173.315(b) for
liquefied petroleum gas.
(7) The cargo tank must be painted
white, aluminum, or other lightreflecting color.
(8) Transportation of the filled
moveable fuel storage tender is limited
to movements over local roads between
fields using the shortest practical
distance.
(9) Transportation of the moveable
fuel storage tender between its point of
use and a liquefied petroleum gas
distribution facility is authorized only if
the cargo tank contains no more than
five percent of its water capacity. A
movable fuel storage tender may only be
filled at the consumer’s premises or
point of use.
(e) Liquid soil pesticide fumigants.
MC 306 and DOT 406 cargo tank motor
vehicles and DOT 57 portable tanks may
be used to transport liquid soil pesticide
fumigants, Pesticides, liquid, toxic,
flammable, n.o.s., flash point not less
than 23 degrees C, 6.1, UN2903, PG II,
exclusively for agricultural operations
by a private motor carrier between a
bulk loading facility and a farm
(including between farms). However,
transportation is not to exceed 150 miles
between the loading facility and the
farm, and not more than five days are
permitted for intermediate stops for
temporary storage. Additionally,
transport is permitted only under the
following conditions:
(1) Cargo tanks. MC 306 and DOT 406
cargo tank motor vehicles must:
(i) Meet qualification and
maintenance requirements (including
periodic testing and inspection) in
accordance with Subpart E of Part 180
of this subchapter;
(ii) Conform to the pressure relief
system requirements specified in
§ 173.243(b)(1);
(iii) For MC 306 cargo tanks, be
equipped with stop-valves capable of
being remotely closed by manual and
mechanical means; and
(iv) For DOT 406 cargo tanks, conform
to the bottom outlet requirements
specified in § 173.243(b)(2).
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(2) Portable tanks. DOT 57 portable
tanks must—
(i) Be constructed of stainless steel;
and
(ii) Meet qualification and
maintenance requirements of Subpart G
of Part 180 of this subchapter.
*
*
*
*
*
5. In § 173.5a, the section heading is
revised and new paragraph (c) is added
to read as follows:
■
§ 173.5a Oilfield service vehicles,
mechanical displacement meter provers,
and roadway striping vehicles exceptions.
*
*
*
*
*
(c) Roadway striping. In addition to
conformance with all other applicable
requirements of this subchapter, non-
DOT specification cargo tanks used for
roadway striping are authorized
provided all the following conditions in
this paragraph (c) are met.
(1) Authorized materials. Only the
hazardous materials listed in the table
below may be transported in roadway
striping vehicles. Cargo tanks may not
be filled to a capacity that would be
greater than liquid full at 130 °F.
HAZARDOUS MATERIALS DESCRIPTION
Hazard class/
division
Proper shipping name
Adhesives, containing a flammable liquid .................................................................................
Paint including paint, lacquer, enamel, stain, shellac solution, varnish, polish, liquid filler,
and liquid lacquer base.
Paint related material including paint thinning drying, removing, or reducing compound ........
Flammable liquids, n.o.s. a ........................................................................................................
Gasoline .....................................................................................................................................
Acetone b ...................................................................................................................................
Dichloromethane b .....................................................................................................................
Ethyl methyl ketone or Methyl ethyl ketone b ............................................................................
Ethyl acetate b ............................................................................................................................
Methanol b ..................................................................................................................................
Organic peroxide type E, liquid (Dibenzoyl peroxide) c .............................................................
Petroleum distillates, n.o.s. or Petroleum products, n.o.s. b .....................................................
1,1,1-Trichloroethane b ..............................................................................................................
Toluene b ....................................................................................................................................
Xylenes b ....................................................................................................................................
Environmentally hazardous substance, liquid, n.o.s. c ..............................................................
Corrosive liquid, basic, organic, n.o.s. c ....................................................................................
Corrosive liquids, n.o.s.c ............................................................................................................
Elevated temperature liquid, n.o.s., at or above 100 °C and below its flash point (including
molten metals, molten salts, etc.) d.
Identification
number
Packing
group
3
3
UN1133
UN1263
II
II
3
3
3
3
6.1
3
3
3
5.2
3
6.1
3
3
9
8
8
9
UN1263
UN1993
UN1203
UN1090
UN1593
UN1193
UN1173
UN1230
UN3107
UN1268
UN2831
UN1294
UN1307
UN3082
UN3267
UN1760
UN3257
II
II
II
II
III
II
II
II
II
III
III
II
II, III
III
III
III
III
a:
Adhesive containing ethyl acetate.
Solvent.
c: Catalyst.
d: Thermoplastic material non-hazardous at room temperature.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
b:
(2) Cargo tank requirements. Each
non-DOT specification cargo tank used
for roadway striping must be securely
bolted to a motor vehicle and must—
(i) Be constructed and certified in
conformance with the HMR in effect at
the time of its manufacture and must be
marked accordingly. For questions
regarding these requirements, contact
PHMSA by either: (1) Telephone (800)
467–4922 or (202) 366–4488 (local); or
(2) by electronic mail (e-mail) to:
infocntr@dot.gov;
(ii) Have a minimum design pressure
of 100 psig;
(iii) Have a maximum capacity of 500
gallons;
(iv) For solvents and organic
peroxides, the cargo tank may not
contain more than 50 gallons;
(v) Be given an external visual
inspection prior to each use to ensure
that it has not been damaged on the
previous trip;
(vi) Be retested and reinspected in
accordance with § 180.407(c) of this
subchapter as specified for an MC 331
cargo tank motor vehicle; and
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(vii) Be securely mounted to a motor
vehicle in accordance with the
securement provisions prescribed in
§§ 393.100 through 393.106 of this title.
(3) Test records. The owner or
operator of the roadway striping vehicle
must maintain hydrostatic test records
in accordance with § 180.417(b) and
must make those records available to
any representative of the Department of
Transportation upon request.
(4) Marking. A non-DOT specification
cargo tank used for roadway striping
must be plainly marked on both sides
near the middle in letters at least two
inches in height on a contrasting
background ‘‘ROADWAY STRIPING’’.
(5) Operational controls. A non-DOT
specification cargo tank used for
roadway striping may not be
pressurized when the motor vehicle is
traveling to and from job sites.
Additionally, the distance traveled by a
non-DOT specification cargo tank used
for roadway striping may not exceed
750 miles. Thermoplastic resin may
only be heated during roadway striping
operations.
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6. In § 173.23, paragraph (h) is
redesignated as paragraph (i) and new
paragraph (h) is added to read as
follows:
■
§ 173.23
Previously authorized packaging.
*
*
*
*
*
(h) A packaging that is permanently
marked with a special permit number,
‘‘DOT–SP’’ or ‘‘DOT–E,’’ for which the
provisions of the special permit have
been incorporated into this subchapter
may continue to be used for the life of
the packaging without obliterating or
otherwise removing the special permit
number.
*
*
*
*
*
■ 7. In § 173.242, the introductory text
in paragraph (b) is revised to read as
follows:
§ 173.242 Bulk packagings for certain
medium hazard liquids and solids,
including solids with dual hazards.
*
*
*
*
*
(b) Cargo tanks: Specification MC 300,
MC 301, MC 302, MC 303, MC 304, MC
305, MC 306, MC 307, MC 310, MC 311,
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MC 312, MC 330, MC 331, DOT 406,
DOT 407, and DOT 412 cargo tank
motor vehicles; and non-DOT
specification cargo tank motor vehicles
when in compliance with § 173.5a(c).
Cargo tanks used to transport Class 3,
Packing Group I or II, or Packing Group
III with a flash point of less than 38 °C
(100 °F); Class 6, Packing Group I or II;
and Class 8, Packing Group I or II
materials must conform to the following
special requirements:
*
*
*
*
*
■ 8. In § 173.315, paragraphs (j) and (m)
are revised to read as follows:
§ 173.315 Compressed gases in cargo
tanks and portable tanks.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
*
*
*
*
*
(j) Consumer storage containers. (1)
Storage containers for liquefied
petroleum gas or propane charged to
five percent of their capacity or less and
intended for permanent installation on
consumer premises may be shipped by
private motor carrier under the
following conditions:
(i) Each container must be constructed
in compliance with the requirements in
Section VIII of the ASME Code (IBR, see
§ 171.7 of this subchapter) and must be
marked to indicate compliance in the
manner specified by the respective
Code. Containers built in compliance
with earlier editions starting with 1943
are authorized.
(ii) Each container must be equipped
with safety devices in compliance with
the requirements for safety devices on
containers as specified in NFPA 58,
Liquefied Petroleum Gas Code (IBR, see
§ 171.7 of this subchapter).
(iii) The containers must be braced or
otherwise secured on the vehicle to
prevent relative motion while in transit.
Valves or other fittings must be
adequately protected against damage
during transportation. (See § 177.834(a)
of this subchapter).
(2) Storage containers with a water
capacity not exceeding 500 gallons
charged with liquefied petroleum gas to
more than five percent of their capacity
and intended for permanent installation
on consumer premises may be
transported by private motor carrier
one-way only from the consumer’s
premises to the container owner’s
nearest facility under the following
conditions:
(i) Each container must be constructed
in compliance with the requirements in
Section VIII of the ASME Code and
must be marked to indicate compliance
in the manner specified by the
respective Code.
(ii) Maximum permitted filling
density may not exceed that specified in
paragraph (b) of this section.
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(iii) Prior to loading on a motor
vehicle, the container must be inspected
by a trained and qualified person for
leaks, corroded or abraded areas, dents,
distortions, weld defects, or other
condition that may render the container
unsafe for transportation. A record of
the inspection must be legibly signed
and dated by the person performing the
inspection and retained by the container
owner for two years. The signature on
the inspection record represents a
certification that the container has been
inspected and has no defects that would
render it unsafe for transportation under
the HMR. The record of inspection must
include the date of inspection, the
inspector’s contact information (such as
a telephone number), the container’s
serial number and container size (water
capacity), estimated amount of
hazardous material, and the origin and
destination of shipment.
(iv) Only one storage container may
be transported on a motor vehicle.
(v) For loading on a motor vehicle, the
container must be lifted by slings,
which must be completely wrapped
around the container. Lifting lugs may
not be used. The slings must be rated to
a weight sufficient to accommodate the
container and its lading and shall
comply with ASME B30.9 on slings
used for lifting purposes, and must be
visually inspected prior to each use. A
sling showing evidence of tears, fraying,
or other signs of excessive wear may not
be used.
(vi) The storage container must be
secured on a motor vehicle so that the
container is completely within the
envelope of the vehicle and does not
extend beyond the vehicle frame.
(vii) The storage container must be
placed on the vehicle in a manner, such
as in a cradle, which ensures that no
weight is placed on the supporting legs
during transportation.
(viii) The storage container must be
secured against movement during
transportation. Bracing must conform
with the requirements of paragraph
(j)(1)(iii) of this section and § 177.834(a)
of this subchapter and with Section 6–
5.2 of NFPA 58, Liquefied Petroleum
Gas Code. Straps or chains used as tiedowns must be rated to exceed the
maximum load to be transported and
conform to the requirements in
§§ 393.100 through 393.106 of this title.
(ix) Tow trailers used to transport
storage containers in accordance with
this paragraph (j)(2) must provide rear
end protection that conforms to
requirements in § 393.86 of this title.
(3) Storage containers of less than
1,042 pounds water capacity (125
gallons) may be shipped when charged
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5493
with liquefied petroleum gas in
compliance with DOT filling density.
*
*
*
*
*
(m) General. (1) A cargo tank that is
commonly known as a nurse tank and
considered an implement of husbandry
transporting anhydrous ammonia and
operated by a private motor carrier
exclusively for agricultural purposes is
excepted from the specification
requirements of part 178 of this
subchapter if it:
(i) Has a minimum design pressure of
250 psig, meets the requirements of the
edition of Section VIII of the ASME
Code in effect at the time it was
manufactured, and is marked with a
valid ASME plate.
(ii) Is equipped with pressure relief
valves meeting the requirements of CGA
Standard S–1.2 (IBR, see § 171.7 of this
subchapter);
(iii) Is painted white or aluminum;
(iv) Has a capacity of 3,000 gallons or
less;
(v) Is loaded to a filling density no
greater than 56 percent;
(vi) Is securely mounted on a farm
wagon or meets paragraph (m)(3) of this
section; and
(vii) Is in conformance with the
requirements of part 172 of this
subchapter except that shipping papers
are not required; and it need not be
marked or placarded on one end if that
end contains valves, fittings, regulators
or gauges when those appurtenances
prevent the markings and placard from
being properly placed and visible.
(2) Nurse tanks with missing or
illegible ASME plates. Nurse tanks with
missing or illegible ASME plates may
continue to be operated provided they
conform to the following requirements:
(i) Each nurse tank must undergo an
external visual inspection and testing in
accordance with § 180.407(d) of this
subchapter.
(ii) Each nurse tank must be thickness
tested in accordance with § 180.407(i) of
this subchapter. A nurse tank with a
capacity of less than 1,500 gallons must
have a minimum head thickness of
0.203 inch and a minimum shell
thickness of 0.239 inch. A nurse tank
with a capacity of 1,500 gallons or more
must have a minimum thickness of
0.250 inch. Any nurse tank with a
thickness test reading of less than that
specified in this paragraph at any point
must be removed from hazardous
materials service.
(iii) Each nurse tank must be pressure
tested in accordance with § 180.407(g)
of this subchapter. The minimum test
pressure is 375 psig. Pneumatic testing
is not authorized.
(iv) Each nurse tank must be
inspected and tested by a person
E:\FR\FM\01FER1.SGM
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Federal Register / Vol. 76, No. 21 / Tuesday, February 1, 2011 / Rules and Regulations
meeting the requirements of
§ 180.409(d) of this subchapter.
Furthermore, each nurse tank must have
the tests performed at least once every
five years after the completion of the
initial tests.
(v) After each nurse tank has
successfully passed the visual,
thickness, and pressure tests, welded
repairs on the tank are prohibited.
(vi) After the nurse tank has
successfully passed the visual,
thickness, and pressure tests, it must be
marked in accordance with § 180.415(b),
and permanently marked near the test
and inspection markings with a unique
owner’s identification number in letters
and numbers at least 1⁄2 inch in height
and width.
(vii) Each nurse tank owner must
maintain a copy of the test inspection
report prepared by the inspector. The
test report must contain the results of
the test and meet the requirements in
§ 180.417(b) and be made available to a
DOT representative upon request.
(3) Field truck mounted tanks. A nonDOT specification cargo tank (nurse
tank) securely mounted on a field truck
is authorized under the following
conditions:
(i) The tank is in conformance with all
the requirements of paragraph (m)(1) of
this section, except that the requirement
in paragraph (m)(1)(vi) does not apply;
(ii) The tank is inspected and tested
in accordance with subpart E of part 180
of this subchapter as specified for an
MC 331 cargo tank;
(iii) The tank is restricted to rural
roads in areas within 50 miles of the
fertilizer distribution point where the
nurse tank is loaded; and
(iv) For the purposes of this section,
a field truck means a vehicle on which
a nurse tank is mounted that is designed
to withstand off-road driving on hilly
terrain. Specifically, the vehicle must be
outfitted with stiffer suspension (for
example, additional springs or airbags)
than would be necessary for a
comparable on-road vehicle, a rear axle
ratio that provides greater low end
torque, and a braking system and tires
designed to ensure stability in hilly
terrain. The field truck must have low
annual over-the-road mileage and be
used exclusively for agricultural
purposes.
*
*
*
*
*
Issued in Washington, DC, on January 13,
2011 under authority delegated in 49 CFR
part 1.
Cynthia L. Quarterman,
Administrator, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2011–2014 Filed 1–31–11; 8:45 am]
BILLING CODE 4910–60–P
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14:25 Jan 31, 2011
Jkt 223001
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 191, 192
[Docket No. PHMSA–RSPA–2004–19854,
Amdt. Nos. 191–22; Amdt. 192–116]
RIN 2137–AE60
Pipeline Safety: Mechanical Fitting
Failure Reporting Requirements
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule.
AGENCY:
This final rule is an
amendment to PHMSA’s regulations
involving DIMP. This final rule revises
the pipeline safety regulations to clarify
the types of pipeline fittings involved in
the compression coupling failure
information collection; changes the term
‘‘compression coupling’’ to ‘‘mechanical
fitting,’’ aligns a threat category with the
annual report; and clarifies the Excess
Flow Valve (EFV) metric to be reported
by operators of gas systems. This rule
also announces the OMB approval of the
revised Distribution Annual Report and
a new Mechanical Fitting Failure
Report. Finally, this rulemaking clarifies
the key dates for the collection and
submission of the new Mechanical
Fitting Failure Report.
DATES: This final rule takes effect April
4, 2011.
FOR FURTHER INFORMATION CONTACT:
Mike Israni by phone at 202–366–4571
or by e-mail at Mike.Israni@dot.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
The DIMP Notice of Proposed
Rulemaking (NPRM) published on June
25, 2008, (73 FR 36015, 36033),
included a proposed provision for
operators to report ‘‘each material failure
of plastic pipe (including fittings,
couplings, valves and joints).’’ In the
DIMP final rule published on December
4, 2009, (74 FR 63906) PHMSA deleted
the proposed requirement to report
plastic pipe failures but retained the
requirement to report failures of
couplings used in plastic pipe and
proposed extending the reporting
requirement to include failures of
couplings used in metal pipe. The final
rule also required operators to collect
compression coupling failure
information beginning January 1, 2010,
and report the failures annually on the
Annual Report Form by March 15, 2011.
PHMSA used the DIMP final rule to
open up a 30-day comment period to
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Fmt 4700
Sfmt 4700
invite public comment on the proposal
to extend the reporting requirement to
include the failure of couplings used in
metal pipe. Comments were due by
January 4, 2010. On December 31, 2009,
(74 FR 69286) PHMSA extended the
comment period to February 4, 2010, as
requested by the American Gas
Association. As a result of the
comments received, PHMSA decided to
revise the provisions relative to
compression couplings as detailed in
the comment summary below.
PHMSA also used the DIMP final rule
to solicit comments on the revised Gas
Distribution Annual Report. The
revisions to the report were primarily
made to incorporate the performance
measures for the Gas Distribution
Integrity Management Program. To
comply with the PRA requirements,
PHMSA issued a 60-day comment
period with comments due by February
4, 2010, to allow for comments on the
proposed revisions. Once the comment
period passed, PHMSA reviewed the
comments and made adjustments to the
Gas Distribution Annual Report. To
gather further input on the proposed
revisions, PHMSA published another
Federal Register notice on June 28,
2010, (75 FR 36615) with comments due
by July 28, 2010.
PHMSA is issuing this rule to address
the comments received on the notices
detailed above and modify the pipeline
safety regulations. In response to
comments and as discussed below in
more detail, PHMSA is changing the
term ‘‘Compression Coupling’’ to
‘‘Mechanical Fitting’’ and providing a
definition for ‘‘Mechanical Fitting.’’
PHMSA is also using this rule to
announce the revisions to the Gas
Distribution Annual Report Form
(PHMSA F–7100.1–1). The revisions
include moving the collection of
mechanical fitting failure information to
the new Gas Distribution Mechanical
Fitting Failure Form (PHMSA F–
7100.1–2).
The comments related to the proposed
coupling reporting requirements, the
reporting of installed excess flow valves,
and the proposed revisions to the
Distribution Annual Report Form are
summarized in the next section. The
comments and PHMSA’s responses
regarding the Gas Distribution Annual
Report and a new Mechanical Fitting
Failure Report are discussed in the
Paperwork Reduction Act section.
II. Summary of Comments
In response to the request for
comments in the DIMP final rule,
PHMSA received twenty-three letters
commenting on the proposals regarding
compression coupling reporting
E:\FR\FM\01FER1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 21 (Tuesday, February 1, 2011)]
[Rules and Regulations]
[Pages 5483-5494]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2014]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171 and 173
[Docket No. PHMSA-2010-0017 (HM-245)]
RIN 2137-AE56
Hazardous Materials: Incorporation of Certain Cargo Tank Special
Permits Into Regulations
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule.
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SUMMARY: The Pipeline and Hazardous Materials Safety Administration is
amending the Hazardous Materials Regulations by incorporating
provisions contained in certain widely used or longstanding cargo tank
special permits that are granted to multiple parties and have
established safety records. Special permits allow a company or
individual to package or ship a hazardous material in a manner that
varies from the regulations provided an equivalent level of safety is
maintained. The revisions are intended to provide wider access to the
regulatory flexibility offered in the special permits and eliminate the
need for numerous renewal requests, thereby facilitating commercial
activity and reducing paperwork burdens while continuing to maintain an
appropriate level of safety.
DATES: Effective date: The effective date of this final rule is March
3, 2011.
[[Page 5484]]
Incorporation by reference: The incorporation by reference of
certain publications listed in the rule is approved by the Director of
the Federal Register as of March 3, 2011.
Voluntary Compliance date: Immediate voluntary compliance with the
requirements of this final rule is authorized as of February 1, 2011.
FOR FURTHER INFORMATION CONTACT: Joan McIntyre or Matthew Nickels,
Standards and Rulemaking Division, (202) 366-8553, Pipeline and
Hazardous Materials Safety Administration (PHMSA), or John Van
Steenburg, Office of Enforcement and Compliance, (202) 366-5125,
Federal Motor Carrier Safety Administration (FMCSA), 1200 New Jersey
Avenue, SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Preamble Table of Contents
I. Background
II. List of Commenters, General Comments, and Beyond-the-Scope
Comments
III. Discussion of Amendments and Applicable Comments
IV. Regulatory Analyses and Notices
I. Background
On July 21, 2010, PHMSA issued a notice of proposed rulemaking
(NPRM; 75 FR 42364) proposing to incorporate into the Hazardous
Materials Regulations (HMR) provisions contained in six widely used and
longstanding cargo tank special permits that are granted to multiple
parties and have established safety records. We discussed how this
action would reduce paperwork and compliance burdens, lower cost
burdens on both industry and government by removing the need to apply
for and renew special permits, and facilitate commerce while
maintaining a level of safety equal to or greater than that of the
current HMR requirements. We proposed to incorporate the provisions of
six special permits into the HMR. We did not propose to materially
change the special permits, nor did we seek comments for revising the
special permits. (See Beyond-the-Scope discussion under ``II. Comments
to the NPRM.'')
The six special permits addressed in the NPRM were:
Special Permit (SP) 11209--Authorization to transport
liquefied petroleum gas (LPG) in non-DOT specification cargo tank motor
vehicles known as moveable fuel storage tenders that are used
exclusively for agricultural purposes.
SP 13113--Authorization to transport Division 6.1 liquid
soil pesticide fumigants in DOT specification MC 306 and DOT 406 cargo
tank motor vehicles and DOT 57 portable tanks that are used exclusively
for agricultural purposes.
SP 12284--Authorization to transport certain hazardous
materials used for roadway striping in non-DOT specification cargo
tanks.
SP 13341--Authorization for private motor carriers to
transport LPG in consumer storage containers filled to greater than
five percent of the container's water capacity.
SP 10950--Authorization to transport nurse tanks securely
mounted on field trucks.
SP 13554--Authorization for nurse tanks with missing or
illegible ASME plates to continue to be used in anhydrous ammonia
service under specified conditions.
The decision to consider the incorporation of these special permits
into the HMR is based on special permits issued by PHMSA under 49 CFR
part 107, subpart B (Sec. Sec. 107.101 to 107.127) and the length of
time these special permits have been in use with demonstrated records
of safety. A special permit sets forth alternative requirements to the
HMR by means that achieve a level of safety equal to or greater than
that required by regulation and that are consistent with the public
interest. Congress expressly authorized DOT to issue these variances in
the Hazardous Materials Transportation Act of 1975.
As discussed in the NPRM, the HMR generally are performance-
oriented regulations that provide the regulated community with a
certain amount of flexibility in meeting safety requirements. However,
not every transportation situation can be anticipated and included in
the regulations. Innovation is one of the strengths of our economy and
the hazardous materials community is particularly strong at developing
new technologies and pioneering ways of moving materials. Special
permits enable the hazardous materials industry to quickly,
effectively, and safely integrate new products and technologies into
the production and transportation stream, thereby providing a mechanism
for testing new technologies, promoting increased transportation
efficiency and productivity, and ensuring global competitiveness.
PHMSA conducts ongoing reviews of special permits to identify
widely used and longstanding special permits with established safety
records for adoption into the HMR. Adoption of special permits as rules
of general applicability provides wider access to the benefits and
regulatory flexibility of the provisions granted in the special
permits. Factors that influence whether a special permit is a candidate
for regulatory incorporation include: the safety record of the special
permit; the properties of the hazardous material; the transportation
operations conducted under a special permit; the potential for broad
application of a special permit; suitability of provisions in the
special permit for incorporation into the HMR; rulemaking activity in
related areas; and agency priorities. Special permits reduce the volume
and complexity of the HMR by addressing unique or infrequent
transportation situations that would be difficult to accommodate in
regulations intended for use by a wide range of shippers and carriers.
Converting special permits into regulations reduces paperwork burdens.
Although PHMSA does not issue special permits to industry
associations, PHMSA may issue a special permit to members of an
industry association when many of its members have a common interest in
obtaining authority to perform a specific transportation activity.
Special permits issued to the members of associations are potentially
among the most suitable types of special permits for later adoption
into the HMR. Such special permits have broad applicability, and many
of them have been in effect for a number of years and have proven
safety records.
II. List of Commenters, General Comments, and Beyond-the-Scope Comments
PHMSA received 16 comments in response to the NPRM. Some of the
commenters requested that we expedite the issuance of this final rule
because of impending expiration dates for certain special permits. We
recognize their concerns and have made every effort to finalize this
rulemaking in an expeditious manner. While the majority of the
commenters supported the proposals in the NPRM, some commenters had
suggestions for additional revisions and one commenter questioned the
safety of certain special permits. Comments that addressed the
recommendation of additional revisions are beyond the scope of this
rulemaking (see Beyond-the-Scope comments following the list of
commenters). The comments, as submitted to this docket, may be accessed
via https://www.regulations.gov and were submitted by the following
individuals, companies and associations:
(1) Far West Agribusiness Association; PHMSA-2010-0017-0002.
(2) Dusty Farm Co-Op; PHMSA-2010-0017-0003.
(3) The Fertilizer Institute; PHMSA-2010-0017-0004.
[[Page 5485]]
(4) Trinity Containers, LLC; PHMSA-2010-0017-0005.
(5) Lisa Anderson; PHMSA-2010-0017-0006.
(6) North Central AG; PHMSA-2010-0017-0007.
(7) James T. Osterhaus; PHMSA-2010-0017-0008.
(8) National Propane Gas Association; PHMSA-2010-0017-0009.
(9) American Trucking Associations, Inc.; PHMSA-2010-0017-0010.
(10) American Welding and Tank, LLC; PHMSA-2010-0017-0011.
(11) National Tank Truck Carriers, Inc.; PHMSA-2010-0017-0012.
(12) Fisk Tank Carrier; PHMSA-2010-0017-0013.
(13) National Fire Protection Association; PHMSA-2010-0017-0014 and
0018.
(14) Agricultural Retailers Association; PHMSA-2010-0017-0015.
(15) CHS Inc.; PHMSA-2010-0017-0016.
(16) CHS Agri Service Center; PHMSA-2010-0017-0017.
Beyond-the-Scope Comments
Comments that addressed the recommendation of additional revisions
to those proposed in the NPRM are beyond the scope of this rulemaking
and, therefore, cannot be addressed for incorporation into the HMR in
this final rule. Such revisions must first be presented in an NPRM to
provide opportunity for comment from industry and the public. While we
agree that certain beyond-the-scope issues merit PHMSA's consideration,
we urge those commenters who submitted beyond-the-scope issues to
request a change in the regulations by filing the recommendations as
petitions for rulemakings in accordance with Sec. Sec. 106.95 and
106.100.
Beyond-the-Scope comments to this rulemaking include the following:
The National Tank Truck Carriers (NTTC) had concerns about
carrier-type status and limitations to non-agricultural operations,
stating that all special permits should have these limitations removed.
This rulemaking addresses incorporating special permits as currently
written.
For SP 11209 and SP 13113, the American Trucking
Association (ATA) contended that the special permits should not be
limited to private motor carriers and agricultural operations, adding
that PHMSA must provide evidence that for-hire carriers and non-
agricultural activities are unsafe. As stated previously, this
rulemaking addresses incorporating special permits as currently
written. ATA is encouraged to further explain its arguments in favor of
wider applicability of the provisions and submit a petition for
rulemaking.
For SP 11209, the National Fire Protection Association
(NFPA) questioned why the special permit requires that the cargo tanks
be painted white, aluminum, or other light reflecting color, because it
is not a requirement in NFPA 58 for propane storage tanks. This
rulemaking addresses incorporating special permits as currently
written.
For SP 11209, NTTC asked whether a carrier should follow
the HMR requirements or the NFPA requirements in cases where the HMR
adopts an NFPA requirement by citing it in the HMR regulatory text.
NTTC states that in such cases, there are a number of places in NFPA
pamphlets that conflict with requirements in the HMR. The commenter
suggests that special permits should include a statement that cargo
tanks must conform to a certain NFPA requirement unless that
requirement conflicts with an HMR requirement. In its comment, NFPA
provided the following example: ``NFPA requires double bulkheads
between compartments on cargo tanks hauling flammable liquids while
Title 49 CFR does not.'' While this may be an issue that requires
further investigation, SP 11209 authorizes the transport of liquefied
petroleum gases, not flammable liquids. We are unaware of conflicts
between NFPA Pamphlet 58 and SP 11209 or any other incorporated by
reference material, but we invite NTTC to identify any conflicts and
present their issues in a petition for rulemaking. This rulemaking
addresses incorporating special permits as currently written.
For SP 13113, the Agricultural Retailers Association (ARA)
suggested that movements of liquid pesticide fumigants in MC 306, DOT
406, and DOT 57 containers should be authorized from distribution point
to retail facility. The association stated that there is no safety
difference between movements from distribution point to retail facility
and movements from retail facility to farm. This rulemaking addresses
incorporating special permits as currently written.
For SP 10950, the Far West Agribusiness Association, the
Fertilizer Institute, and Dusty Farm Co-Op support the rulemaking, but
recommend that we expand the current 50 air mile radius to a 100 air
mile radius for consistency with the Federal Motor Carrier Safety
Administration's (FMCSA) regulations. This rulemaking addresses
incorporating special permits as currently written.
For SP 13554, Trinity Containers requested that, for nurse
tanks, a percentage of the actual material thickness or five percent be
used for the head and shell minimum thickness allowance. ARA stated
that when SP 13554 was originally granted, the specifications of older
nurse tanks were used to determine a minimum head and body thickness
for a tank to pass the thickness test. The commenter stated that,
currently, nurse tanks are built with a different diameter and grade of
material, which allows the tanks to be built thinner than previously
built, yet still conform to the ASME Code standards. The result is that
many new nurse tanks do not meet the thickness thresholds in SP 13554
due to improved engineering. American Welding and Tank LLC stated that
PHMSA should take into consideration the ASME Code thickness changes
throughout the years applicable to one thickness for heads and one for
shells. The commenter states that the head and shell minimum thickness
allowance does not consider the tank diameter or the edition of the
ASME Code in effect when the tanks were manufactured. American Welding
requests that we incorporate an allowable reduction material thickness
based on the actual thickness of the tank. This rulemaking addresses
incorporating special permits as currently written.
Under its SP 13554 comments, ATA recommends that PHMSA
incorporate standards that are available free of charge. No new
standards were proposed to be incorporated into the HMR, nor adopted in
this final rule. The free-of-charge comment is beyond the scope of this
rulemaking.
Fisk Tank Carrier requested that we add the provisions of
a seventh special permit, SP 14980, which authorizes the one-way
transportation in commerce of liquefied petroleum gas (LPG) in certain
non-DOT specification storage tanks by private carrier motor vehicle.
NFPA suggested that we incorporate by reference the 2011
edition of the NFPA 58 that was published in September of 2010. If not
possible due to time constraints, they recommend that we adopt the 2008
edition.
NTTC objected to PHMSA incorporating by reference
materials that are prepared by third party private entities when the
material is not made publicly available to the regulated industry.
The Fertilizer Institute requested that we address a
petition for rulemaking that they previously submitted and that
requested PHMSA to require the testing of all nurse tanks
[[Page 5486]]
regardless of illegible identification plates. The petition will be
addressed in a separate future rulemaking.
III. Discussion of Amendments and Applicable Comments
The six special permits addressed in this final rule that authorize
cargo tank transportation operations not specifically permitted under
the HMR were initially issued to members of industry associations or
similar organizations. They have well-established safety records and
therefore PHMSA has determined that they are excellent candidates for
incorporation into the HMR. Incorporating these special permits into
the HMR will eliminate the need for over 10,000 current grantees to
reapply for the renewal of six special permits every four years and for
PHMSA to process the renewal applications, thereby eliminating a
significant paperwork burden both on industry and the government.
A discussion of incorporating the provisions of six special permits
into the HMR and their applicable comments follows below. As discussed
earlier in this preamble, most of the commenters are supportive of this
rulemaking. Those comments that are within the scope of this rulemaking
are discussed below.
The Fertilizer Institute pointed out that in the NPRM's preamble,
we reversed the paragraph numbers in the preamble from the regulatory
text for Sec. 173.315(m)(2) and (m)(3). The NPRM's preamble error is
noted. The regulatory text was correct in the proposed regulatory text,
and the preamble discussion in this final rule reflects the correction
of the printing error.
Lisa Anderson is opposed to incorporating some of the proposed
special permits because she contends that they do not provide an
equivalent level of safety as cargo tanks tested under the current
requirements in Part 180 of the HMR. As discussed in the preambles of
the NPRM and this final rule, we chose the six permits addressed in
this rulemaking precisely because of their demonstrated safety records.
Although the comment is duly noted, we do suggest that the commenter
submit a petition for rulemaking.
A. Moveable Fuel Storage Tenders
SP 11209 authorizes the transportation of LPG in non-DOT
specification cargo tank motor vehicles, commonly known as moveable
fuel storage tenders, used exclusively for agricultural purposes.
Moveable fuel storage tenders are used to supply LPG fuel to farmers
for crop drying, crop irrigation, flame weeding, plant defoliation
prior to harvest, and other agricultural operations.
This special permit has been in effect since 1994 and has been
utilized by over 3,400 grantees. A review of the Hazardous Materials
Incident Data library did not reveal any incidents related to this
special permit over the past ten years. Each vehicle operated under
this special permit conforms to the ASME Code in effect at the time of
its manufacture. Provisions governing the design and use of these
vehicles are included in NFPA 58, Liquefied Petroleum Gas Code.
Mr. James T. Osterhaus, NPGA, CHS Inc., and CHS Agri Service
Center, submitted the following comments (see their full comments at
https://www.regulations.gov). James Osterhaus took issue with the
following sentence from the preamble text of the NPRM: ``In addition,
transportation of a moveable fuel storage tender to an LPG distribution
facility for re-filling would be permitted only if it contains no more
than five percent of its water capacity.'' Mr. Osterhaus is correct
that this sentence could be misleading because moveable fuel storage
tenders are not permitted to be ``refilled'' at any location except the
point of use. However, we believe that proposed Sec. 173.5(d)(9),
taken from the special permit, is clear: ``Transportation of the
movable fuel storage tender between its point of use and a liquefied
petroleum gas distribution facility is authorized only if the cargo
tank contains no more than five percent of its water capacity.'' Mr.
Osterhaus suggests that we add the following language for clarity, ``A
movable fuel storage tender may only be filled at the consumer's
premises or point of use. Transportation of a moveable fuel storage
tender containing more than five percent of its water capacity from a
liquefied distribution facility to a consumer's premises or point of
use is prohibited.'' We agree that the first sentence of Mr. Osterhaus'
suggestion would ensure clarity, and we have added it to Sec.
173.5(d)(9). We believe the addition of the second sentence would be
redundant.
The National Fire Protection Association (NFPA) recommends that we
revise ``NFPA Pamphlet 58'' to read more correctly as ``NFPA 58,
Liquefied Petroleum Gas Code.'' We agree and have made the correction
each place it appears in this rulemaking (Sec. Sec. 173.5 and 173.315
for SP 11209 and SP 13554, respectively). NFPA also recommends that we
incorporate a more current edition of this Code into the HMR (see
Beyond-the-Scope comments in Section II of this preamble).
Additionally, NFPA suggests that we revise the regulatory text for
incorporating SP 11209 into Sec. 173.5 by removing paragraphs (d)(1),
(d)(2), (d)(3) and (d)(6) because the paragraphs duplicate the
requirements in NFPA 58, Liquefied Petroleum Gas Code. We disagree with
NFPA. We believe that deleting these paragraphs from the HMR is
unnecessary and that the inclusion of the paragraphs provides a user-
friendly aspect to this section. We are, therefore, leaving the
paragraphs in place.
This final rule incorporates the terms of SP 11209 into the HMR as
proposed in the NPRM with the exception of the addition of the
following sentence to Sec. 173.5(d)(9) for clarification: ``A movable
fuel storage tender may only be filled at the consumer's premises or
point of use.'' PHMSA is amending Sec. 173.5 to authorize the
transportation of LPG in moveable fuel storage tenders used exclusively
for agricultural purposes and operated by a private motor carrier. (A
``private motor carrier,'' as defined in interpretation letters issued
by PHMSA, is a carrier who transports the business's own products and
does not provide such transportation service to other businesses). As
proposed in the NPRM, a non-DOT specification cargo tank motor vehicle
used as a moveable fuel storage tender must: (1) Have a minimum design
pressure of 250 psig; (2) conform to the requirements of the ASME Code
in effect at the time the cargo tank was manufactured and marked
accordingly; (3) have a water capacity of 1,200 gallons or less; (4)
conform to applicable requirements in NFPA 58, Liquefied Petroleum Gas
Code; and (5) be mounted securely on a motor vehicle. In addition, the
cargo tank must be filled as prescribed in Sec. 173.315(b). When
filled, transportation of a moveable fuel storage tender would be
limited to movements over local roads between fields using the shortest
practical distance. In addition, transportation of a moveable storage
fuel tender to a moveable fuel storage tender facility would be
permitted only if it contains no more than five percent of its water
capacity.
B. Liquid Soil Pesticide Fumigants
SP 13113 authorizes the transportation of Division 6.1 liquid soil
pesticide fumigants in MC 306 and DOT 406 cargo tank motor vehicles and
DOT 57 portable tanks used exclusively for agricultural purposes.
Liquid soil pesticide fumigants are used by farmers as an alternative
to the agricultural use of methyl bromide to ensure the adequate
protection of crops from pest infestation and to preserve agricultural
[[Page 5487]]
productivity. Transportation of these materials is limited to private
motor carriage and must be between a bulk loading facility and farms
(including between farms) not exceeding 150 miles from one another.
This special permit has been in effect since 2002 and has been
utilized by hundreds of grantees. A review of the Hazardous Materials
Incident Data library did not reveal any incidents related to this
special permit since the date of its issuance. Prior to 2002, when this
material was classed as Dichloropropenes, 6.1, UN2047, PG III, it was
routinely shipped, in accordance with Sec. 173.242, in MC 306 and DOT
406 cargo tanks and DOT 57 portable tanks. The same tanks have been
widely used to transport gasoline, a low flashpoint PG II liquid. The
pressure relief systems and bottom discharge equipment on the cargo
tanks offer equivalent safety in terms of containment and operation of
pressure relief systems. Also, stainless steel DOT 57 portable tanks
provide comparable containment to metal, rigid plastic, and composite
Intermediate Bulk Containers (IBCs), which are authorized for transport
of Division 6.1 liquid soil pesticide fumigants under Sec. 173.202.
PHMSA is incorporating the terms of SP 13113 into the HMR by
amending Sec. 173.5. MC 306 and DOT 406 cargo tank motor vehicles used
for the transportation of these fumigants must: (1) meet qualification
and maintenance requirements (including periodic testing and
inspection) in accordance with Subpart E of Part 180; and (2) conform
to the pressure relief system requirements specified in Sec.
173.243(b)(1). In addition, MC 306 cargo tank motor vehicles must be
equipped with stop-valves capable of being remotely closed by manual
and mechanical means; and DOT 406 cargo tanks must conform to the
bottom outlet requirements specified in Sec. 173.243(b)(2). DOT 57
portable tanks used to transport Division 6.1 liquid soil pesticide
fumigants must be constructed of stainless steel.
C. Non-DOT Specification Cargo Tanks Used for Roadway Striping
SP 12284 authorizes the transportation in commerce of certain
hazardous materials used for roadway striping in non-DOT specification
cargo tanks. These non-DOT specification cargo tanks are used for the
low hazard job of applying roadway striping to paved roads throughout
the United States.
This special permit has been in effect since 1999 and has been
utilized by over 100 grantees. A review of the Hazardous Materials
Incident Data library did not reveal any incidents related to this
special permit since the date of its issuance. Based on this safety
record, PHMSA is incorporating the provisions of SP 12284 into the HMR
by adding a new paragraph (c) to Sec. 173.5a to authorize the
transportation of certain hazardous materials used for roadway striping
in non-DOT specification cargo tanks provided the conditions specified
in the new paragraph are met. The new paragraph (c) specifies
conditions that include packaging specifications, inspection and
testing requirements, requirements for maintaining records, and
operational controls. Consistent with the special permit, paragraph (c)
includes certain/special marking requirements that are in addition to
the applicable marking and placarding requirements in subparts D and F.
The section title heading is also revised to reflect the addition of
non-DOT specification cargo tanks used for roadway striping into this
section. Finally, Sec. 173.242(b) is revised to include the
authorization to use non-DOT specification cargo tanks used for roadway
striping.
D. LPG Storage Containers
SP 13341 authorizes the transportation by private motor carrier of
LPG in consumer storage containers in quantities greater than five
percent of the container's water capacity. The storage containers
designated in the special permit are designed for permanent
installation on consumer premises. The special permit authorizes one-
way transportation only, from the consumer location to the container
owner's nearest LPG plant.
This special permit has been in effect since 2004 and has been
utilized by several thousand grantees. A review of the Hazardous
Materials Incident Data library did not reveal any incidents related to
this special permit since the date of its issuance. Prior to 1998,
consumer storage containers filled with LPG to greater than five
percent water capacity were routinely transported without any known
incidents. The prohibition of transporting containers filled to more
than five percent water capacity resulted from concern of the potential
for confusion between ASME and DOT tanks, as ASME tanks are not
designed to be lifted by the lugs with product inside. This final rule
requires lifting with slings, not by the lugs. Also, transporting a
tank with some product is sometimes preferable from a safety standpoint
than removing LPG from a tank at a residence. NPGA, CHS Inc., and CHS
Agri Service Center offered additional safety and efficiency
information concerning this special permit in their comments (see their
comments at https://www.regulations.gov).
PHMSA is incorporating the terms of SP 13341 into the HMR by
revising Sec. 173.315(j) to authorize the transportation of LPG in
consumer storage containers in quantities greater than five percent of
the container's water capacity. The storage container must have a water
capacity not exceeding 500 gallons and be ASME ``U'' stamped to
indicate that it was designed and constructed in accordance with ASME
Code requirements. In addition, the container must be inspected for
leaks, corroded or abraded areas, dents, weld distortions, or any other
conditions that could make the container unsafe for transportation.
PHMSA is also requiring that: (1) Only one storage container be
transported at one time on a motor vehicle; (2) the storage container
be lifted by slings, not by lifting lugs; and (3) the storage container
be loaded and secured on the motor vehicle so that the container is
well-secured against movement and completely within the envelope of the
vehicle. Finally, transportation is limited to one-way movement from
the consumer's premises to the container owner's nearest facility.
E. Nurse Tanks
Nurse tanks are non-DOT specification cargo tanks used to transport
and apply anhydrous ammonia fertilizers. The HMR authorize the use of
nurse tanks operated by private motor carriers exclusively for
agricultural purposes provided that the nurse tank: (1) Has a minimum
design pressure of 250 psig and meets the requirements of Section VIII
of the ASME code in effect at the time the nurse tank was manufactured;
(2) is equipped with pressure relief valves; (3) has a capacity of
3,000 gallons or less; (4) is loaded to a filling density no greater
than 56 percent; and (5) is securely mounted on a farm wagon. Because
they are non-DOT specification containers, nurse tanks that are not
operating under a special permit are not subject to periodic
inspection, testing, or requalification requirements.
Nurse tanks mounted on field trucks. SP 10950 authorizes the use of
a nurse tank securely mounted on a field truck. Field trucks are
specifically designed and equipped to improve safety and efficiency by
being more maneuverable and more stable than a farm wagon when moving
over hilly terrain. A definition for field trucks is specified in Sec.
173.315 as new paragraph (m)(3)(iv). These trucks are operated in
remote
[[Page 5488]]
rural areas in eastern Washington, Oregon, and northern Idaho within a
short distance of the fertilizer distribution point. The special permit
has been in effect since 1993 and has been utilized by over one hundred
grantees. A review of the Hazardous Materials Incident Data library did
not reveal any incidents related to this special permit since the date
of its issuance. Tanks operated under this special permit are subject
to the periodic testing requirements under Subpart E of Part 180.
The American Trucking Associations (ATA) supports the incorporation
of the provisions in SP 10950 into the HMR. However, the organization
requests that registration be a requirement, stating that PHMSA would
lose the ability to track transporters of anhydrous ammonia and other
hazardous materials without such a requirement, thereby losing its
ability to quantify safety performance, collect data, initiate
investigations and pursue enforcement actions. We believe ATA misread
SP 10590 as excepting the permit holder from registration requirements.
This is not the case. The special permit specifically states in Item
11, third bullet, that the permit holders must comply with the
registration requirements.
For SP 10950 provisions, ATA also requested that we incorporate an
exception from the security plan requirements ``similar to the
exemption afforded to users of anhydrous ammonia nurse tanks.'' If ATA
is referring to SP 13554, Item 11, second bullet, that provision
specifically requires conformance to the security plan requirements.
Users of SP 13554 were not excepted from security requirements, and as
stated earlier in this preamble, we are not deviating from the current
special permit provisions in this rulemaking. Therefore, the security
plan requirements in Subpart I of Part 172 will remain applicable to
nurse tanks mounted on field trucks. PHMSA is incorporating the
provisions of SP 10950 into the HMR by adding a new paragraph (m)(3) to
Sec. 173.315.
Nurse tanks with missing or illegible ASME plates. As indicated
above, nurse tanks must be manufactured in accordance with the
applicable ASME Code requirements in effect at the time of manufacture.
The ASME Code requires tanks built to its specifications to have an
attached plate that lists the manufacturer, maximum allowable working
pressure, minimum design metal temperature, and the year of
manufacture. A number of nurse tanks are missing the required ASME
plates or have illegible ASME plates. SP 13554 permits the continued
use in anhydrous ammonia service of nurse tanks with missing or
illegible ASME plates provided the tanks are inspected and tested.
Specifically, the tanks must undergo an external visual inspection and
testing using the procedures specified in Sec. 180.407(d), a thickness
test using the procedures specified in Sec. 180.407(i), and a pressure
test using the procedures specified in Sec. 180.407(g). The special
permit also establishes minimum head and shell thickness, and nurse
tanks not meeting those levels must be removed from service. Nurse
tanks that pass the above-described tests must be marked with a unique
owner's identification number and must pass the same tests at least
every five years to remain in service.
We received a comment from ATA under SP 13554 which stated concern
``over PHMSA's incorporation of industry consensus standards into the
HMR where such standards are developed without the benefit of formal
rulemaking and where such standards are not provided to the public free
of charge. This pay-to-play system of developing regulatory standards
raises questions under the Administrative Procedures Act (5 U.S.C. 500
et seq.), which requires agencies to provide interested persons with
notice and an opportunity to participate in the rulemaking process.''
The commenter continued, ``To cure this defect, PHMSA should first
publish the industry standard in the Federal Register and solicit
comments on it prior to its incorporation in the HMR.'' PHMSA is not
adopting any new standards in this final rule, as the Section VIII of
the ASME Code was previously incorporated by reference into the HMR.
This special permit has been in effect since 2004 and has been
utilized by thousands of grantees. A review of the Hazardous Materials
Incident Data library did not reveal any incidents related to this
special permit since the date of its issuance. Although 49 CFR
173.315(m) requires that a nurse tank ``meet the requirements of the
edition of Section VIII of the ASME Code in effect at the time it was
manufactured and is marked accordingly,'' if the plate is missing or
illegible the nurse tank cannot be used. Therefore, these additional
requirements that nurse tanks operating under the special permit must
follow (i.e., the thickness testing, the pressure testing, and the
external visual inspection), provide information about condition of the
tank to ensure for the safe continued use of these tanks.
In this final rule, PHMSA is incorporating the terms of SP 13554
into the HMR by adding a new paragraph (m)(2) in Sec. 173.315.
Existing nurse tanks with missing or illegible ASME plates that
successfully pass the required inspections and tests and are marked
with a unique identifier are authorized to remain in service.
In Summary
Based on the above discussion, this final rule amends the HMR by
incorporating the provisions contained in six widely used and
longstanding cargo tank special permits that, in summary, will provide
the following:
Authorization to transport liquefied petroleum gas (LPG)
in non-DOT specification cargo tank motor vehicles known as moveable
fuel storage tenders that are used exclusively for agricultural
purposes (SP 11209).
Authorization to transport Division 6.1 liquid soil
pesticide fumigants in DOT Specification MC 306 and DOT 406 cargo tank
motor vehicles and DOT 57 portable tanks, used exclusively for
agricultural purposes (SP 13113).
Authorization to transport certain hazardous materials
used for roadway striping in non-DOT specification cargo tanks (SP
12884).
Authorization for private motor carriers to transport LPG
in consumer storage containers in quantities greater than five percent
of the container's water capacity (SP 13341).
Authorization to transport nurse tanks securely mounted on
field trucks (SP 10950).
Authorization for nurse tanks with missing or illegible
ASME plates to continue to be used in anhydrous ammonia service under
specified conditions (SP 13554).
Additionally, in Sec. 171.7, we are revising the entry, American
Society of Mechanical Engineers (ASME) and the National Fire Protection
Association (NFPA) to reflect the addition of the incorporated by
reference materials to the applicable adopted regulatory text.
In Sec. 173.23, we are redesignating current paragraph (h) as new
paragraph (i) and adding a provision to new paragraph (h) that
authorizes packagings permanently marked with a special permit number
for which the provisions of the special permit were incorporated into
the HMR to continue to be used for the life of the packagings without
removing or obliterating the special permit markings. This provision
will serve to avoid imposing the burden of requiring the removal from
service of such packagings while the markings are removed or
obliterated.
Finally, in Sec. 173.242, we are revising paragraph (b) to reflect
the authorization of non-DOT specification cargo tanks used for roadway
striping.
[[Page 5489]]
IV. Rulemaking Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This final rule is published under the authority of 49 U.S.C.
5103(b), which authorizes the Secretary to prescribe regulations for
the safe transportation, including security, of hazardous material in
intrastate, interstate, and foreign commerce. 49 U.S.C. 5117(a)
authorizes the Secretary of Transportation to issue special permits,
which exempt a person transporting a hazardous material, or a person
causing a hazardous material to be transported, from a regulation
promulgated under 49 U.S.C. 5103(b), 5104, 5110, or 5112 of the Federal
Hazardous Materials Transportation Law. The conditions or ``safety
control measures'' of each special permit must ensure that the action
performed pursuant to the special permit achieves a safety level at
least equal to the safety level required under the law, or consistent
with the public interest, if a required safety level does not exist.
This final rule will amend the regulations by incorporating provisions
from certain widely used and longstanding special permits that have
established a history of safety.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) and was therefore not reviewed by the Office of
Management and Budget (OMB). The rulemaking is not considered a
significant rule under the Regulatory Policies and Procedures order
issued by the Department of Transportation (44 FR 11034).
In this final rule, PHMSA is amending the HMR by incorporating
alternatives this agency has permitted under widely used and
longstanding special permits with established safety records that we
have determined meet the safety criteria for inclusion in the HMR.
Incorporation of these special permits into regulations of general
applicability will provide shippers and carriers with additional
flexibility to comply with established safety requirements, thereby
reducing transportation costs and increasing productivity. In addition,
the provisions in this NPRM will reduce the paperwork burden on
industry and this agency caused by continued renewals of special
permits. The provisions of this final rule will promote the continued
safe transportation of hazardous materials while reducing
transportation costs for the industry and administrative costs for the
agency.
C. Executive Order 13132
This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism''). This
final rule will preempt state, local and Indian tribe requirements but
does not propose any regulation that has substantial direct effects on
the states, the relationship between the national government and the
states, or the distribution of power and responsibilities among the
various levels of governments. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply. Federal hazardous
material transportation law, 49 U.S.C. 5101-5128, contains an express
preemption provision (49 U.S.C 5125(b)) preempting state, local and
Indian tribe requirements on certain covered subjects. Covered subjects
are:
(1) The designation, description, and classification of hazardous
materials;
(2) The packing, repacking, handling, labeling marking, and
placarding of hazardous materials;
(3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials; and
(5) The design, manufacture, fabrication, marking, maintenance,
reconditioning, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous materials.
This final rule addresses covered subject items (2), (3), and (5)
and would preempt any State, local, or Indian tribe requirements not
meeting the ``substantively the same'' standard. Federal hazardous
materials transportation law provides at 49 U.S.C. Sec. 5125(b)(2)
that, if PHMSA issues a regulation concerning any of the covered
subjects, PHMSA must determine and publish in the Federal Register the
effective date of Federal preemption. The effective date may not be
earlier than the 90th day following the date of issuance of the final
rule and not later than two years after the date of issuance. The
effective date of Federal preemption is 90 days after the publication
of this final rule in the Federal Register.
D. Executive Order 13175
This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications and does not impose substantial
direct compliance costs on Indian tribal governments, the funding and
consultation requirements of Executive Order 13175 do not apply.
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities.
An agency must conduct a regulatory flexibility analysis unless it
determines and certifies that a rule is not expected to have a
significant impact on a substantial number of small entities. This
final rule incorporates into the HMR certain widely used special
permits. Incorporation of these special permits into regulations of
general applicability will provide shippers and carriers with
additional flexibility to comply with established safety requirements,
thereby reducing transportation costs and increasing productivity.
Therefore, I certify this rulemaking will not have a significant
economic impact on a substantial number of small entities.
This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
rules on small entities are properly considered.
F. Paperwork Reduction Act
This final rule does not impose new information collection
requirements. PHMSA has an approved information collection under OMB
Control Number 2137-0051, ``Rulemaking, Special Permits, and Preemption
Requirements,'' currently being reviewed for renewal by OMB. This final
rule may result in a decrease in the annual burden and costs under OMB
Control Number 2137-0051 due to the revisions to incorporate provisions
contained in certain widely used or longstanding special permits that
have established safety records.
Under the Paperwork Reduction Act of 1995, no person is required to
respond to an information collection unless it has been approved by OMB
and displays a valid OMB control number. Section 1320.8(d), Title 5,
Code of Federal Regulations requires that PHMSA provide interested
members of the public and affected agencies an
[[Page 5490]]
opportunity to comment on information and recordkeeping requests.
PHMSA has developed burden estimates to reflect changes in this
final rule. PHMSA estimates that the information collection and
recordkeeping burden in this final rule would be decreased as follows:
OMB Control No. 2137-0051:
Decrease in Annual Number of Respondents: 185.
Decrease in Annual Responses: 185.
Decrease in Annual Burden Hours: 185.
Decrease in Annual Burden Costs: $7,400.
Requests for a copy of this information collection should be
directed to Deborah Boothe or T. Glenn Foster, Standards and Rulemaking
Division, Pipeline and Hazardous Materials Safety Administration, 1200
New Jersey Avenue, SE., Washington, DC 20590-0001, Telephone (202) 366-
8553.
G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document may be used to cross-reference this action with the
Unified Agenda.
H. Unfunded Mandates Reform Act of 1995
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$141.3 million or more to either state, local or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
I. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), requires Federal agencies to consider the
consequences of major Federal actions and prepare a detailed statement
on actions that significantly affect the quality of the human
environment.
The hazardous materials regulatory system is a risk management
system that is prevention oriented and focused on identifying hazards
and reducing the probability and quantity of a hazardous materials
release. Hazardous materials are categorized by hazard analysis and
experience into hazard classes and packing groups. The regulations
require each shipper to classify a material in accordance with these
hazard classes and packing groups; the process of classifying a
hazardous material is itself a form of hazard analysis. Further, the
regulations require the shipper to communicate the material's hazards
by identifying the hazard class, packing group, and proper shipping
name on shipping papers and with labels on packages and placards on
transport vehicles. Thus, the shipping paper, labels, and placards
communicate the most significant findings of the shipper's hazard
analysis. Most hazardous materials are assigned to one of three packing
groups based upon its degree of hazard, from a high hazard Packing
Group I material to a low hazard Packing Group III material. The
quality, damage resistance, and performance standards for the
packagings authorized for the hazardous materials in each packing group
are appropriate for the hazards of the material transported.
Hazardous materials are transported by aircraft, vessel, rail, and
highway. The potential for environmental damage or contamination exists
when packages of hazardous materials are involved in transportation
incidents. The need for hazardous materials to support essential
services means transportation of highly hazardous materials is
unavoidable. However, these shipments frequently move through densely
populated or environmentally sensitive areas where the consequences of
an incident could be loss of life, serious injury, or significant
environmental damage. The ecosystems that could be affected by a
hazardous materials release during transportation include atmospheric,
aquatic, terrestrial, and vegetal resources (for example, wildlife
habitats). The adverse environmental impacts associated with releases
of most hazardous materials are short-term impacts that can be greatly
reduced or eliminated through prompt clean-up of the incident scene.
In this final rule, PHMSA is incorporating the terms of six special
permits into the HMR. Several of the proposals in this NPRM involve the
transportation of LPG. LPG is a Division 2.1 (flammable gas) material
that poses an explosive, fire, blast, or projection hazard. If
released, LPG may cause eye or skin irritation and, if inhaled, it may
irritate the respiratory tract. Moderate exposure may cause headache or
dizziness. Elevated exposure may cause unconsciousness or respiratory
arrest. Further, by diluting the oxygen concentration in air below the
level necessary to support life, LPG can act as an asphyxiant. LPG is
not known to cause long-term ecological damage. The provisions in this
final rule are intended to ensure that LPG will be transported in a
variety of applications with no release from its packaging and, thus,
no adverse safety or environmental impacts.
One of the provisions in this final rule involves Division 6.1
liquid soil pesticide fumigants. Soil fumigation is a chemical control
strategy used independently or in conjunction with cultural and
physical control methods to reduce populations of soil organisms. Soil
fumigants can effectively control soil-borne organisms, such as
nematodes, fungi, bacteria, insects, weed seeds, and weeds. Different
fumigants have varying effects on the control of these pests. Some are
pest-specific, while others are broad spectrum biocides that kill most
soil organisms. Soil fumigants are used in agriculture, nurseries,
ornamental beddings, forest systems, and other areas where soil-borne
pests can harm or devastate desirable plants. Because of treatment
costs, applicators use soil fumigants primarily on high value crops,
such as vegetables, fruits, and ornamentals. Control of soil-borne
pests increases plant aesthetics, plant quality and vigor, crop yields,
and ultimately profitability. Soil fumigants are closely regulated by
the Environmental Protection Agency to prevent adverse health impacts
to agricultural workers or bystanders (people who live, work, or
otherwise spend time near fields that are fumigated). This final rule
will help to ensure that liquid soil pesticide fumigants are
transported without incident on or between farms and the bulk loading
facility.
Several provisions in this final rule address the transportation of
anhydrous ammonia. Anhydrous ammonia is a poisonous by inhalation (PIH)
material. When anhydrous ammonia is released into water, it floats on
the surface, rapidly dissolving into the water as ammonium hydroxide
while simultaneously boiling into the atmosphere as gaseous ammonia.
High concentrations of ammonia (greater than 1700 parts per million
(ppm)) in the atmosphere cause compulsive coughing and death, while
lower concentrations (lower than 700 ppm) cause eye and throat
irritation. Ammonia is lighter than air so that it dissipates in the
atmosphere, the rate of dissipation depending on weather and wind
conditions.
In an aquatic or wetland environment, ammonium hydroxide would
cause fish, planktonic, and benthic organism mortality in the vicinity
of the release, the amount depending on the volume of anhydrous ammonia
released. The
[[Page 5491]]
chemical would also strip protective oils from the feathers of shore
birds, causing drowning or infection. Such die-offs could spur high
nutrient levels that could stimulate noxious blooms of algae.
Terrestrial vegetation would also be either damaged or killed,
depending on atmospheric concentrations.
The cleanup effort from a release of anhydrous ammonia would
require the removal of soil containing anhydrous ammonia quickly to
avoid contamination of the water table. Ammonia emissions would be
released during the cleanup effort as contaminated soil is disturbed.
The provisions in this final rule will require certain nurse tanks
used to transport anhydrous ammonia to, from, and between farm fields
to be inspected and tested periodically to identify problems that could
result in a leak or release.
There are no significant environmental impacts associated with the
provisions in this final rule. In the NPRM, PHMSA specifically
solicited comments on the potential environmental impacts of adopting
the provisions of the six special permits, and none were received. The
process through which special permits are issued requires the applicant
to demonstrate that the alternative transportation method or packaging
provides an equivalent level of safety as that provided in the HMR.
Implicit in this process is that the special permit must provide an
equivalent level of environmental protection as that provided in the
HMR. Thus, incorporation of special permits as regulations of general
applicability maintains the existing environmental protections built
into the HMR. In addition, the provisions applicable to nurse tanks
will enhance the integrity of those tanks, thereby reducing the
possibility of an anhydrous ammonia release.
J. Privacy Act
Anyone is able to search the electronic form of all comments and
written communications received into any of our dockets by the name of
the individual submitting the comment (or signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78), or at https://www.regulations.gov.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements, Uranium.
In consideration of the foregoing, 49 CFR chapter I is amended as
follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
1. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
section 31001.
0
2. In Sec. 171.7, in the paragraph (a)(3) table, in the second column,
``49 CFR reference,'' under the entry, National Fire Protection
Association, the entry ``NFPA 58--Liquefied Petroleum Gas Code, 2001
Edition'' is amended by adding the section ``173.5'' in appropriate
numerical order.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
3. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.
0
4. In Sec. 173.5, paragraphs (d), (e), and (f) are redesignated as
paragraphs (f), (g) and (h) respectively, and new paragraphs (d) and
(e) are added to read as follows:
Sec. 173.5 Agricultural operations.
* * * * *
(d) Moveable fuel storage tenders. A non-DOT specification cargo
tank motor vehicle may be used to transport Liquefied petroleum gas,
UN1075, including Propane, UN1978, as moveable fuel storage tender used
exclusively for agricultural purposes when operated by a private
carrier under the following conditions:
(1) The cargo tank must have a minimum design pressure of 250 psig.
(2) The cargo tank must meet the requirements of the HMR in effect
at the time of its manufacture and must be marked accordingly. For
questions regarding these requirements, contact PHMSA by either:
(i) Telephone (800) 467-4922 or (202) 366-4488 (local); or
(ii) By electronic mail (e-mail) to: infocntr@dot.gov.
(3) The cargo tank must have a water capacity of 1,200 gallons or
less.
(4) The cargo tank must conform to applicable requirements in
National Fire Protection Association (NFPA) 58, Liquefied Petroleum Gas
Code (IBR, see Sec. 171.7 of this subchapter).
(5) The cargo tank must be securely mounted on a motor vehicle.
(6) The cargo tank must be filled in accordance with Sec.
173.315(b) for liquefied petroleum gas.
(7) The cargo tank must be painted white, aluminum, or other light-
reflecting color.
(8) Transportation of the filled moveable fuel storage tender is
limited to movements over local roads between fields using the shortest
practical distance.
(9) Transportation of the moveable fuel storage tender between its
point of use and a liquefied petroleum gas distribution facility is
authorized only if the cargo tank contains no more than five percent of
its water capacity. A movable fuel storage tender may only be filled at
the consumer's premises or point of use.
(e) Liquid soil pesticide fumigants. MC 306 and DOT 406 cargo tank
motor vehicles and DOT 57 portable tanks may be used to transport
liquid soil pesticide fumigants, Pesticides, liquid, toxic, flammable,
n.o.s., flash point not less than 23 degrees C, 6.1, UN2903, PG II,
exclusively for agricultural operations by a private motor carrier
between a bulk loading facility and a farm (including between farms).
However, transportation is not to exceed 150 miles between the loading
facility and the farm, and not more than five days are permitted for
intermediate stops for temporary storage. Additionally, transport is
permitted only under the following conditions:
(1) Cargo tanks. MC 306 and DOT 406 cargo tank motor vehicles must:
(i) Meet qualification and maintenance requirements (including
periodic testing and inspection) in accordance with Subpart E of Part
180 of this subchapter;
(ii) Conform to the pressure relief system requirements specified
in Sec. 173.243(b)(1);
(iii) For MC 306 cargo tanks, be equipped with stop-valves capable
of being remotely closed by manual and mechanical means; and
(iv) For DOT 406 cargo tanks, conform to the bottom outlet
requirements specified in Sec. 173.243(b)(2).
[[Page 5492]]
(2) Portable tanks. DOT 57 portable tanks must--
(i) Be constructed of stainless steel; and
(ii) Meet qualification and maintenance requirements of Subpart G
of Part 180 of this subchapter.
* * * * *
0
5. In Sec. 173.5a, the section heading is revised and new paragraph
(c) is added to read as follows:
Sec. 173.5a Oilfield service vehicles, mechanical displacement meter
provers, and roadway striping vehicles exceptions.
* * * * *
(c) Roadway striping. In addition to conformance with all other
applicable requirements of this subchapter, non-DOT specification cargo
tanks used for roadway striping are authorized provided all the
following conditions in this paragraph (c) are met.
(1) Authorized materials. Only the hazardous materials listed in
the table below may be transported in roadway striping vehicles. Cargo
tanks may not be filled to a capacity that would be greater than liquid
full at 130 [deg]F.
Hazardous Materials Description
----------------------------------------------------------------------------------------------------------------
Hazard class/ Identification
Proper shipping name division number Packing group
----------------------------------------------------------------------------------------------------------------
Adhesives, containing a flammable liquid..... 3 UN1133 II
Paint including paint, lacquer, enamel, 3 UN1263 II
stain, shellac solution, varnish, polish,
liquid filler, and liquid lacquer base.
Paint related material including paint 3 UN1263 II
thinning drying, removing, or reducing
compound.
Flammable liquids, n.o.s. \a\................ 3 UN1993 II
Gasoline..................................... 3 UN1203 II
Acetone \b\.................................. 3 UN1090 II
Dichloromethane \b\.......................... 6.1 UN1593 III
Ethyl methyl ketone or Methyl ethyl ketone 3 UN1193 II
\b\.
Ethyl acetate \b\............................ 3 UN1173 II
Methanol \b\................................. 3 UN1230 II
Organic peroxide type E, liquid (Dibenzoyl 5.2 UN3107 II
peroxide) \c\.
Petroleum distillates, n.o.s. or Petroleum 3 UN1268 III
products, n.o.s. \b\.
1,1,1-Trichloroethane \b\.................... 6.1 UN2831 III
Toluene \b\.................................. 3 UN1294 II
Xylenes \b\.................................. 3 UN1307 II, III
Environmentally hazardous substance, liquid, 9 UN3082 III
n.o.s. \c\.
Corrosive liquid, basic, organic, n.o.s. \c\. 8 UN3267 III
Corrosive liquids, n.o.s.\c\................. 8 UN1760 III
Elevated temperature liquid, n.o.s., at or 9 UN3257 III
above 100 [deg]C and below its flash point
(including molten metals, molten salts,
etc.) \d\.
----------------------------------------------------------------------------------------------------------------
\a\: Adhesive containing ethyl acetate.
\b\: Solvent.
\c\: Catalyst.
\d\: Thermoplastic material non-hazardous at room temperature.
(2) Cargo tank requirements. Each non-DOT specification cargo tank
used for roadway striping must be securely bolted to a motor vehicle
and must--
(i) Be constructed and certified in conformance with the HMR in
effect at the time of its manufacture and must be marked accordingly.
For questions regarding these requirements, contact PHMSA by either:
(1) Telephone (800) 467-4922 or (202) 366-4488 (local); or (2) by
electronic mail (e-mail) to: infocntr@dot.gov;
(ii) Have a minimum design pressure of 100 psig;
(iii) Have a maximum capacity of 500 gallons;
(iv) For solvents and organic peroxides, the cargo tank may not
contain more than 50 gallons;
(v) Be given an external visual inspection prior to each use to
ensure that it has not been damaged on the previous trip;
(vi) Be retested and reinspected in accordance with Sec.
180.407(c) of this subchapter as specified for an MC 331 cargo tank
motor vehicle; and
(vii) Be securely mounted to a motor vehicle in accordance with the
securement provisions prescribed in Sec. Sec. 393.100 through 393.106
of this title.
(3) Test
