Hazardous Materials: Adoption of ASME Code Section XII and the National Board Inspection Code, 14465-14466 [2014-05646]

Download as PDF Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS The provisions under 40 CFR 51.308(g)(7) require a review of a state’s visibility monitoring strategy and an assessment of whether any modifications to the monitoring strategy are necessary. In its progress report SIP, West Virginia summarizes the existing monitoring network at Dolly Sods and Otter Creek and discusses its intended continued reliance on the IMPROVE monitoring network for its visibility planning. West Virginia also mentions its PM2.5 monitoring network and that it is used to understand air pollution levels across the state. West Virginia also encourages VISTAS and other regional planning organizations to maintain support of the existing data management system or an equivalent to facilitate availability analysis of IMPROVE and visibility-related data. West Virginia concludes that the existing network is adequate and that no modifications to visibility monitoring strategy are necessary at this time. EPA proposes to conclude that West Virginia has adequately addressed the sufficiency of its monitoring strategy as required by the provisions under 40 CFR 51.308(g)(7). West Virginia reaffirmed its continued reliance upon the IMPROVE monitoring network and discussed its additional PM2.5 monitoring network used to further assess air pollution levels. West Virginia also explained the importance of the IMPROVE monitoring network for tracking visibility trends at Dolly Sods and Otter Creek and identified no expected changes in this network. B. Determination of Adequacy of Existing Regional Haze Plan Under 40 CFR 51.308(h), states are required to take one of four possible actions based on the information gathered and conclusions made in the progress report SIP. The following section summarizes: the action taken by West Virginia under 40 CFR 51.308(h); West Virginia’s rationale for the selected action; and EPA’s analysis and proposed determination regarding the West Virginia’s action. In its progress report SIP, West Virginia submitted a negative declaration that it had determined that the existing regional haze SIP requires no further substantive revision to achieve the RPGs for Class I areas affected by West Virginia’s sources. The basis for the negative declaration is the findings from the progress report (as discussed in section III of this rulemaking action), including the findings that: Visibility data has improved at Dolly Sods and Otter Creek; SO2 emissions from West Virginia sources have decreased beyond original VerDate Mar<15>2010 17:09 Mar 13, 2014 Jkt 232001 projections; additional EGU control measures not relied upon in West Virginia’s regional haze SIP have been and are being implemented; and the EGU SO2 emissions in West Virginia are already below the levels projected for 2018 in the regional haze SIP and are expected to continue to trend downward for the next five years. EPA proposes to conclude West Virginia adequately addressed the requirements of 40 CFR 51.308(h) because the visibility data trends at the Class I areas impacted by West Virginia sources and the emissions trends of the largest emitters of visibility-impairing pollutants both indicate that the RPGs for 2018 will be met or exceeded. IV. EPA’s Proposed Action EPA is proposing to approve West Virginia’s regional haze five-year progress report SIP revision, submitted on April 30, 2013, as meeting the applicable regional haze requirements set forth in 40 CFR 51.308(g) and 51.308(h). V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this proposed action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 14465 safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this proposed rule to approve West Virginia’s regional haze progress report SIP revision does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: March 3, 2014. W.C. Early, Acting Regional Administrator, Region III. [FR Doc. 2014–05743 Filed 3–13–14; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 173, 178, and 180 [Docket Number PHMSA–2010–0019 (HM– 241)] RIN 2137–AE58 Hazardous Materials: Adoption of ASME Code Section XII and the National Board Inspection Code Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of proposed rulemaking; extension of comment period. AGENCY: PHMSA is notifying the public of our intent to extend the SUMMARY: E:\FR\FM\14MRP1.SGM 14MRP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 14466 Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Proposed Rules comment period by thirty days for a notice of proposed rulemaking published on December 30, 2013. DATES: The comment period for the NPRM published in the Federal Register on December 30, 2013 (78 FR 79363) is extended until April 30, 2014. To the extent possible, PHMSA will consider late-filed comments. ADDRESSES: You may submit comments identified by the docket number (PHMSA–2010–0019; HM–241) by any of the following methods: • Federal eRulemaking Portal: Go to 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). To access ASME’s Boiler and Pressure Vessel Code, Section XII (Section XII) go to: https://shop.asme.org/PublicReview/. To access the National Board Inspection Code (NBIC), Part 2, Supplement 6: Continued Service and Inspection of DOT Transport Tanks, and Part 3, Supplement 6: Repair, Alteration, and Modification of DOT Transport Tanks go to: https://www.nationalboard.org/ SiteDocuments/NBIC/DOT_NBIC_ supplements.pdf. Privacy Act: Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78) or you may visit https://www.dot.gov/privacy. VerDate Mar<15>2010 17:09 Mar 13, 2014 Jkt 232001 Lisa O’Donnell, Hazardous Materials Standards and Rulemaking Division, (202) 366–8553, or Stanley Staniszewski, Engineering and Research Division, (202) 366–4492, Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: I. Background On December 30, 2013, PHMSA (also ‘‘we’’ or ‘‘us’’) published a notice of proposed rulemaking (78 FR 79363) seeking comments on our proposal to amend the Hazardous Materials Regulations (HMR; 49 CFR parts 171– 180) in response to petitions submitted by industry representatives to incorporate Section XII and the 2013 edition of the National Board Inspection Code (NBIC) as alternatives to Section VIII, Division 1 and the current HMR requirements in part 178, for the design of cryogenic portable tanks and Cargo Tank Motor Vehicles (CTMVs), part 179 for the design of ton tanks, and part 180 for the continuing qualification and maintenance of CTMVs, cryogenic portable tanks, and ton tanks. Section XII sets forth standards for construction 1 and continued service 2 of pressure vessels for transporting hazardous materials by highway, rail, air or water with internal pressures ranging from 0 to 207 bar (full vacuum to 3,000 psig) and volumes greater than 450L (120 gallons). The 2013 edition of the NBIC provides rules and guidelines for installing, inspecting, repairing and altering boilers, pressure vessels and pressure relief devices. The NPRM published on December 30, 2013 announced a comment due date of March 31, 2014. II. Extension of Comment Period We received a request to extend the comment period by six months from the Tank Truck Manufacturer’s Association (TTMA). TTMA is requesting this extension so that they will have sufficient time to fully evaluate the cost and benefits associated with the proposals in the NPRM. TTMA asserts that based on the complexity of the proposals in the NPRM, extensive research and significant effort will be needed to adequately respond with an official comment. Furthermore, TTMA 1 ‘‘Construction’’ is an all-inclusive term comprising materials, design, fabrication, examination, inspection, testing, certification, and over-pressure protection. 2 ‘‘Continued service’’ is an all-inclusive term referring to inspection, testing, repair, alteration, and recertification of a transport tank that has been in service. PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 believe there is potential for substantial economic impact and the comment extension will allow for sufficient review of the proposals. The extension will also provide TTMA and its members the opportunity to compose valuable and comprehensive comments. Due to PHMSA’s desire to collect meaningful input from affected stakeholders, PHMSA is consenting to the commenter’s request to extend the comment period to ensure sufficient time for public review. However, we do not believe a six month extension is warranted. Accordingly, in the interest of moving this rulemaking forward in a timely manner, PHMSA is extending the comment period by 30 days to April 30, 2014. PHMSA is confident that the 30day extension will allow stakeholders sufficient time to conduct a more thorough review. Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78) or you may visit https://www.dot.gov/privacy. Issued in Washington, DC, on March 11, 2014, under authority delegated in 49 CFR 1.97(b). Magdy El-Sibaie, Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 2014–05646 Filed 3–13–14; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 130403322–4180–01] RIN 0648–BD08 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Dolphin and Wahoo Fishery Off the Atlantic States; Amendment 5 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: E:\FR\FM\14MRP1.SGM 14MRP1

Agencies

[Federal Register Volume 79, Number 50 (Friday, March 14, 2014)]
[Proposed Rules]
[Pages 14465-14466]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05646]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 173, 178, and 180

[Docket Number PHMSA-2010-0019 (HM-241)]
RIN 2137-AE58


Hazardous Materials: Adoption of ASME Code Section XII and the 
National Board Inspection Code

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

ACTION: Notice of proposed rulemaking; extension of comment period.

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SUMMARY: PHMSA is notifying the public of our intent to extend the

[[Page 14466]]

comment period by thirty days for a notice of proposed rulemaking 
published on December 30, 2013.

DATES: The comment period for the NPRM published in the Federal 
Register on December 30, 2013 (78 FR 79363) is extended until April 30, 
2014. To the extent possible, PHMSA will consider late-filed comments.

ADDRESSES: You may submit comments identified by the docket number 
(PHMSA-2010-0019; HM-241) by any of the following methods:
     Federal eRulemaking Portal: Go to 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). To access ASME's Boiler and Pressure 
Vessel Code, Section XII (Section XII) go to: https://shop.asme.org/PublicReview/. To access the National Board Inspection Code (NBIC), 
Part 2, Supplement 6: Continued Service and Inspection of DOT Transport 
Tanks, and Part 3, Supplement 6: Repair, Alteration, and Modification 
of DOT Transport Tanks go to: https://www.nationalboard.org/SiteDocuments/NBIC/DOT_NBIC_supplements.pdf.
    Privacy Act: Anyone is able to search the electronic form of any 
written communications and comments received into any of our dockets by 
the name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (Volume 65, Number 70; 
Pages 19477-78) or you may visit https://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Lisa O'Donnell, Hazardous Materials 
Standards and Rulemaking Division, (202) 366-8553, or Stanley 
Staniszewski, Engineering and Research Division, (202) 366-4492, Office 
of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590.

I. Background

    On December 30, 2013, PHMSA (also ``we'' or ``us'') published a 
notice of proposed rulemaking (78 FR 79363) seeking comments on our 
proposal to amend the Hazardous Materials Regulations (HMR; 49 CFR 
parts 171-180) in response to petitions submitted by industry 
representatives to incorporate Section XII and the 2013 edition of the 
National Board Inspection Code (NBIC) as alternatives to Section VIII, 
Division 1 and the current HMR requirements in part 178, for the design 
of cryogenic portable tanks and Cargo Tank Motor Vehicles (CTMVs), part 
179 for the design of ton tanks, and part 180 for the continuing 
qualification and maintenance of CTMVs, cryogenic portable tanks, and 
ton tanks. Section XII sets forth standards for construction \1\ and 
continued service \2\ of pressure vessels for transporting hazardous 
materials by highway, rail, air or water with internal pressures 
ranging from 0 to 207 bar (full vacuum to 3,000 psig) and volumes 
greater than 450L (120 gallons). The 2013 edition of the NBIC provides 
rules and guidelines for installing, inspecting, repairing and altering 
boilers, pressure vessels and pressure relief devices. The NPRM 
published on December 30, 2013 announced a comment due date of March 
31, 2014.
---------------------------------------------------------------------------

    \1\ ``Construction'' is an all-inclusive term comprising 
materials, design, fabrication, examination, inspection, testing, 
certification, and over-pressure protection.
    \2\ ``Continued service'' is an all-inclusive term referring to 
inspection, testing, repair, alteration, and recertification of a 
transport tank that has been in service.
---------------------------------------------------------------------------

II. Extension of Comment Period

    We received a request to extend the comment period by six months 
from the Tank Truck Manufacturer's Association (TTMA). TTMA is 
requesting this extension so that they will have sufficient time to 
fully evaluate the cost and benefits associated with the proposals in 
the NPRM. TTMA asserts that based on the complexity of the proposals in 
the NPRM, extensive research and significant effort will be needed to 
adequately respond with an official comment. Furthermore, TTMA believe 
there is potential for substantial economic impact and the comment 
extension will allow for sufficient review of the proposals. The 
extension will also provide TTMA and its members the opportunity to 
compose valuable and comprehensive comments.
    Due to PHMSA's desire to collect meaningful input from affected 
stakeholders, PHMSA is consenting to the commenter's request to extend 
the comment period to ensure sufficient time for public review. 
However, we do not believe a six month extension is warranted. 
Accordingly, in the interest of moving this rulemaking forward in a 
timely manner, PHMSA is extending the comment period by 30 days to 
April 30, 2014. PHMSA is confident that the 30-day extension will allow 
stakeholders sufficient time to conduct a more thorough review.

Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
https://www.dot.gov/privacy.

    Issued in Washington, DC, on March 11, 2014, under authority 
delegated in 49 CFR 1.97(b).
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2014-05646 Filed 3-13-14; 8:45 am]
BILLING CODE 4910-60-P
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