Hazardous Materials: Safety Requirements for External Product Piping on Cargo Tanks Transporting Flammable Liquids, 14643-14644 [2011-6175]
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Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules
(End of clause)
[FR Doc. 2011–6231 Filed 3–16–11; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 173
[Docket Number PHMSA–2009–0303
(HM–213D)]
RIN 2137–AE53
Hazardous Materials: Safety
Requirements for External Product
Piping on Cargo Tanks Transporting
Flammable Liquids
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice of proposed rulemaking;
extension of comment period.
AGENCY:
PHMSA is notifying the
public of our intent to extend the
comment period by 30 days for a notice
of proposed rulemaking published on
January 27, 2011.
DATES: The comment period for the
NPRM closing on March 28, 2011, is
extended until April 27, 2011.
ADDRESSES: You may submit comments
identified by the docket number
(PHMSA–2009–0303) by any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Fax: 1–202–493–2251.
• Mail: Docket Operations, U.S.
Department of Transportation, West
Building, Ground Floor, Room W12–
140, Routing Symbol M–30, 1200 New
Jersey Avenue, SE., Washington, DC
20590.
• Hand Delivery: To Docket
Operations, Room W12–140 on the
ground floor of the West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
Holidays.
Instructions: All submissions must
include the agency name and docket
number for this notice at the beginning
of the comment. Note that all comments
received will be posted without change
to the docket management system,
including any personal information
provided.
Docket: For access to the dockets to
read background documents or
comments received, go to https://
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS-1
SUMMARY:
VerDate Mar<15>2010
14:47 Mar 16, 2011
Jkt 223001
www.regulations.gov, or DOT’s Docket
Operations Office (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Dirk
Der Kinderen, Standards and
Rulemaking Division, Pipeline and
Hazardous Materials Safety
Administration, telephone (202) 366–
8553; or Leonard Majors, Engineering
and Research Division, Pipeline and
Hazardous Materials Safety
Administration, telephone (202) 366–
4545.
Privacy Act: Anyone is able to search
the electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
document (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477) or you may visit https://
www.regulations.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On January 27, 2011, PHMSA
published a notice of proposed
rulemaking (NPRM) (HM–213D; 76 FR
4847) seeking public comment on a
proposal to prohibit the transportation
of flammable liquids in exposed
external product piping (wetlines) on a
cargo tank motor vehicle (CTMV) unless
the CTMV is equipped with bottom
damage protection that conforms to the
requirements of § 178.337–10 or
§ 178.345–8(b)(1), as appropriate. We
also invited comment on a number of
provisions associated with this
proposed prohibition such as the
residue performance standard relating to
applicability of the proposed
prohibition as well as conditional
exceptions and the proposed transition
period and compliance dates. See the
January 27, 2011 NPRM for background
and a complete discussion of the
proposals.
II. Comment Period Extension
We received comments from the
American Trucking Associations, Inc.
(ATA), the Commercial Vehicle Safety
Alliance, the National Tank Truck
Carriers, Inc., and the Tank Truck
Manufacturers Association requesting
an extension of the comment period.
These member organizations represent
carriers, manufacturers, and officials
affected by the NPRM. They state their
primary basis for extension is to allow
for thorough review and analysis of the
HM–213D docket materials. For
example, the ATA notes in their
comment that the regulatory evaluation
PO 00000
Frm 00052
Fmt 4702
Sfmt 4702
14643
for this NPRM contains numerous new
assumptions and revised economic
analyses that warrant extensive
evaluation by industry experts and
outside consultants. They indicate that
the evaluation will require a review of
(1) The wetlines incidents cited by
PHMSA; (2) the use and retrofit
requirements associated with a manual
purging system; and (3) the feasibility of
alternatives available to comply with
the proposed prohibition. The
associations also indicate the need for
time to convene with members at
meetings scheduled to occur in April
and May of 2011 to present findings and
to obtain feedback. Additionally, the
comment period for this NPRM overlaps
with numerous other regulatory
initiatives within DOT and other
Federal agencies, such as the
Environmental Protection Agency, the
Occupational Safety and Health
Administration, and the U.S. Customs
and Border Protection that impact their
members. Finally, they note that the
trucking industry is dominated by small
businesses that do not have the
resources to understand and
meaningfully participate in the
rulemaking process of so many
concurrent rulemaking actions. In light
of the significance of this rulemaking to
their members and for the reasons
summarized above, the associations
request that PHMSA grant an extension
to the HM–213D NPRM comment period
ranging from sixty days to six months.
Although PHMSA continues to
believe that the initial 60-day comment
period provides enough time to review
and respond to the rulemaking
proposals and supporting material,
PHMSA is consenting to the commenter
requests to extend the comment period
to ensure sufficient time for public
review. However, we do not consider a
lengthy extension (e.g., 120 days) to be
warranted. Accordingly, in the interest
of moving this rulemaking action
forward in a timely manner, we believe,
in addition to the time that remains in
the current comment period, extending
the comment period by 30 days would
be sufficient to relieve the burdens of
conducting an extensive evaluation,
overlapping rulemaking actions, and
needing time to meet with respective
trucking industry members for feedback.
Thus, the comment period for the
HM–213D NPRM is extended from
March 28, 2011 until April 27, 2011.
E:\FR\FM\17MRP1.SGM
17MRP1
14644
Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS-1
Issued in Washington, DC, on March 11,
2011 under authority delegated in 49 CFR
part 106.
Magdy El-Sibaie,
Associate Administrator for Hazardous
Materials Safety.
Drive, Gloucester, MA 01930. Mark the
outside of the envelope: ‘‘Comments on
2011 Dogfish Specifications.’’
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
[FR Doc. 2011–6175 Filed 3–16–11; 8:45 am]
www.regulations.gov without change.
All Personal Identifying Information (for
BILLING CODE 4910–60–P
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
DEPARTMENT OF COMMERCE
submit Confidential Business
National Oceanic and Atmospheric
Information or otherwise sensitive or
Administration
protected information.
NMFS will accept anonymous
50 CFR Part 648
comments (enter N/A in the required
fields, if you wish to remain
[Docket No. 110303179–1178–02]
anonymous). You may submit
RIN 0648–XA163
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Fisheries of the Northeastern United
Adobe PDF file formats only.
States; Proposed 2011 Specifications
Copies of supporting documents used
for the Spiny Dogfish Fishery
by the Mid-Atlantic Fishery
Management Council (MAFMC),
AGENCY: National Marine Fisheries
including the Environmental
Service (NMFS), National Oceanic and
Assessment (EA) and Regulatory Impact
Atmospheric Administration (NOAA),
Review (RIR)/Initial Regulatory
Commerce.
Flexibility Analysis (IRFA), are
ACTION: Proposed rule; request for
available from: Dr. Christopher M.
comments.
Moore, Executive Director, Mid-Atlantic
SUMMARY: NMFS proposes specifications Fishery Management Council, Suite 201,
800 N. State St., Dover, DE 19901. The
for the spiny dogfish fishery for the
EA/RIR/IRFA is also accessible via the
2011 fishing year (FY) (May 1, 2011,
Internet at https://www.nero.noaa.gov.
through April 30, 2012). The
implementing regulations for the Spiny
FOR FURTHER INFORMATION CONTACT:
Dogfish Fishery Management Plan
Lindsey Feldman, Fishery Management
(FMP) require NMFS to publish
Specialist, phone: 978–675–2179, fax:
specifications for up to a period of
978–281–9135.
5 years, and to provide an opportunity
SUPPLEMENTARY INFORMATION: Spiny
for public comment on those
dogfish were declared overfished by
specifications. The intent of this
NMFS on April 3, 1998, and added to
rulemaking is to specify the commercial the list of overfished stocks in the
quota and other management measures
Report on the Status of the Fisheries of
for FY 2011 only. Specifically, for FY
the United States, prepared pursuant to
2011, NMFS proposes that the annual
section 304 of the Magnuson-Stevens
quota be set at 20 million lb (9,071.85
Fishery Conservation and Management
mt), and that the possession limit for
Act (Magnuson-Stevens Act).
dogfish remain 3,000 lb (1.36 mt). These Consequently, the Magnuson-Stevens
proposed specifications and
Act required NMFS to prepare measures
management measures are consistent
to end overfishing and rebuild the spiny
with the FMP and promote the
dogfish stock. During 1998 and 1999,
utilization and conservation of the spiny the Mid-Atlantic Fishery Management
dogfish resource.
Council (MAFMC) and the New England
DATES: Public comments must be
Fishery Management Council (NEFMC)
received no later than 5 p.m. eastern
developed a joint FMP, with the
standard time on April 18, 2011.
MAFMC designated as the
administrative lead.
ADDRESSES: You may submit comments,
The regulations implementing the
identified by RIN 0648–XA163, by any
FMP at 50 CFR part 648, subpart L,
one of the following methods:
outline the process for specifying the
• Electronic Submissions: Submit all
commercial quota and other
electronic public comments via the
management measures (e.g., minimum
Federal eRulemaking Portal https://
or maximum fish sizes, seasons, mesh
www.regulations.gov.
size restrictions, possession limits, and
• Fax: 978–281–9135, Attn: Lindsey
other gear restrictions) necessary to
Feldman.
ensure that the target fishing mortality
• Mail: Patricia A. Kurkul, Regional
rate (target F) specified in the FMP will
Administrator, NMFS, Northeast
not be exceeded in any fishing year
Regional Office, 55 Great Republic
VerDate Mar<15>2010
14:47 Mar 16, 2011
Jkt 223001
PO 00000
Frm 00053
Fmt 4702
Sfmt 4702
(May 1–April 30), for a period of 1–5
FYs. The annual quota is allocated to
two semi-annual quota periods, as
follows: Period 1, May 1 through
October 31 (57.9 percent); and Period 2,
November 1 through April 30 (42.1
percent).
The Spiny Dogfish Monitoring
Committee (MC), which is comprised of
representatives from states; MAFMC
staff; NEFMC staff; NMFS staff;
academia; and two non-voting, exofficio industry representatives (one
each from the MAFMC and NEFMC
regions), is required to review the best
available information and to
recommend a commercial quota and
other management measures necessary
to achieve the target F for 1–5 FYs. The
Council’s Joint Spiny Dogfish
Committee (Joint Committee) considers
the MC’s recommendations and any
public comment in making its
recommendation to the two Councils.
The MAFMC and the NEFMC then
review the recommendations of the MC
and Joint Committee and make their
recommendations to NMFS. NMFS
reviews those recommendations, and
may modify them if necessary to assure
that the target F will not be exceeded.
NMFS then publishes proposed
measures for public comment.
Spiny Dogfish Stock Status Update
NMFS declared the spiny dogfish
stock rebuilt on June 22, 2010, based on
an analysis of biological reference
points presented at the Transboundary
Resource Assessment Committee
(TRAC) meeting in January 2010. A
group of peer reviewers, using
information from the TRAC analysis,
accepted a newly defined spiny dogfish
biomass target (159,288 mt), Ftarget
(0.207), and Fthreshold (0.325). The 2009
stochastic estimate of spawning stock
biomass (SSB) (163,256 mt) was shown
to exceed the newly defined biomass
target, which was consistent with a
rebuilt stock. Based on the
recommendation of the MC and TRAC
analysis showing the spiny dogfish
stock was rebuilt, NMFS set the FY 2010
spiny dogfish specifications at 15
million lb (5,443.11 mt) (75 FR 36012,
June 24, 2010).
In the fall of 2010, the NMFS
Northeast Fisheries Science Center
(NEFSC) updated the spiny dogfish
stock status using the population
modeling approach from the 43rd Stock
Assessment Workshop (43rd SAW,
2006), 2009 catch data, and results from
the 2010 spring bottom trawl survey.
The update specified that the female
spawning stock biomass (SSB) for 2010
is 164,066 mt (362 million lb), about 3
percent above the maximum spawning
E:\FR\FM\17MRP1.SGM
17MRP1
]]>Agencies
[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Proposed Rules]
[Pages 14643-14644]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6175]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 173
[Docket Number PHMSA-2009-0303 (HM-213D)]
RIN 2137-AE53
Hazardous Materials: Safety Requirements for External Product
Piping on Cargo Tanks Transporting Flammable Liquids
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice of proposed rulemaking; extension of comment period.
-----------------------------------------------------------------------
SUMMARY: PHMSA is notifying the public of our intent to extend the
comment period by 30 days for a notice of proposed rulemaking published
on January 27, 2011.
DATES: The comment period for the NPRM closing on March 28, 2011, is
extended until April 27, 2011.
ADDRESSES: You may submit comments identified by the docket number
(PHMSA-2009-0303) by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting
comments.
Fax: 1-202-493-2251.
Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
Instructions: All submissions must include the agency name and
docket number for this notice at the beginning of the comment. Note
that all comments received will be posted without change to the docket
management system, including any personal information provided.
Docket: For access to the dockets to read background documents or
comments received, go to https://www.regulations.gov, or DOT's Docket
Operations Office (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Dirk Der Kinderen, Standards and
Rulemaking Division, Pipeline and Hazardous Materials Safety
Administration, telephone (202) 366-8553; or Leonard Majors,
Engineering and Research Division, Pipeline and Hazardous Materials
Safety Administration, telephone (202) 366-4545.
Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or you
may visit https://www.regulations.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On January 27, 2011, PHMSA published a notice of proposed
rulemaking (NPRM) (HM-213D; 76 FR 4847) seeking public comment on a
proposal to prohibit the transportation of flammable liquids in exposed
external product piping (wetlines) on a cargo tank motor vehicle (CTMV)
unless the CTMV is equipped with bottom damage protection that conforms
to the requirements of Sec. 178.337-10 or Sec. 178.345-8(b)(1), as
appropriate. We also invited comment on a number of provisions
associated with this proposed prohibition such as the residue
performance standard relating to applicability of the proposed
prohibition as well as conditional exceptions and the proposed
transition period and compliance dates. See the January 27, 2011 NPRM
for background and a complete discussion of the proposals.
II. Comment Period Extension
We received comments from the American Trucking Associations, Inc.
(ATA), the Commercial Vehicle Safety Alliance, the National Tank Truck
Carriers, Inc., and the Tank Truck Manufacturers Association requesting
an extension of the comment period. These member organizations
represent carriers, manufacturers, and officials affected by the NPRM.
They state their primary basis for extension is to allow for thorough
review and analysis of the HM-213D docket materials. For example, the
ATA notes in their comment that the regulatory evaluation for this NPRM
contains numerous new assumptions and revised economic analyses that
warrant extensive evaluation by industry experts and outside
consultants. They indicate that the evaluation will require a review of
(1) The wetlines incidents cited by PHMSA; (2) the use and retrofit
requirements associated with a manual purging system; and (3) the
feasibility of alternatives available to comply with the proposed
prohibition. The associations also indicate the need for time to
convene with members at meetings scheduled to occur in April and May of
2011 to present findings and to obtain feedback. Additionally, the
comment period for this NPRM overlaps with numerous other regulatory
initiatives within DOT and other Federal agencies, such as the
Environmental Protection Agency, the Occupational Safety and Health
Administration, and the U.S. Customs and Border Protection that impact
their members. Finally, they note that the trucking industry is
dominated by small businesses that do not have the resources to
understand and meaningfully participate in the rulemaking process of so
many concurrent rulemaking actions. In light of the significance of
this rulemaking to their members and for the reasons summarized above,
the associations request that PHMSA grant an extension to the HM-213D
NPRM comment period ranging from sixty days to six months.
Although PHMSA continues to believe that the initial 60-day comment
period provides enough time to review and respond to the rulemaking
proposals and supporting material, PHMSA is consenting to the commenter
requests to extend the comment period to ensure sufficient time for
public review. However, we do not consider a lengthy extension (e.g.,
120 days) to be warranted. Accordingly, in the interest of moving this
rulemaking action forward in a timely manner, we believe, in addition
to the time that remains in the current comment period, extending the
comment period by 30 days would be sufficient to relieve the burdens of
conducting an extensive evaluation, overlapping rulemaking actions, and
needing time to meet with respective trucking industry members for
feedback. Thus, the comment period for the HM-213D NPRM is extended
from March 28, 2011 until April 27, 2011.
[[Page 14644]]
Issued in Washington, DC, on March 11, 2011 under authority
delegated in 49 CFR part 106.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 2011-6175 Filed 3-16-11; 8:45 am]
BILLING CODE 4910-60-P
