Hazardous Materials: Incorporation by Reference Edition Update for the American Society of Mechanical Engineers Boiler and Pressure Vessel Code and Transportation Systems for Liquids and Slurries: Pressure Piping Code, 25613-25618 [2016-10027]

Download as PDF mstockstill on DSK3G9T082PROD with RULES Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations Federal regulations. 40 CFR 62.04. Thus, in reviewing 111(d)/129 plan submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this 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 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 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 Clean Air Act; 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 action does not have tribal implications as specified by Executive Order 13175, because the section 111(d)/129 plan 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. Thus, Executive Order 13175 does not apply to this section. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the VerDate Sep<11>2014 16:42 Apr 28, 2016 Jkt 238001 agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 28, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 62 Environmental protection, Administrative practice and procedure, Air pollution control, Aluminum, Fertilizers, Fluoride, Incorporation by reference, Intergovernmental relations, Paper and products industry, Phosphate, Reporting and recordkeeping requirements, Sulfur oxides, Sulfuric acid plants, Waste treatment and disposal. Dated: April 18, 2016. Judith A. Enck, Regional Administrator, Region 2. PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS 1. The authority citation for part 62 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart BBB—Puerto Rico Frm 00029 Fmt 4700 Sfmt 4700 § 62.13109 Identification of plan. (a) On July 30, 2014, the Puerto Rico Environmental Quality Board (PREQB) submitted to the Environmental Protection Agency a section 111(d)/129 plan for implementation and enforcement of 40 CFR part 60, subpart MMMM—Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units. In emails dated June 4, 2015, August 10, 2015 and November 10, 2015, the PREQB submitted clarifying information concerning Puerto Rico’s plan. The State plan includes revisions to Rule 102 and Rule 405 of the Puerto Rico Regulations for the Control of Atmospheric Pollution, entitled, ‘‘Definitions’’ and ‘‘Incineration,’’ Respectively. The revisions to Rules 102 and 405 became effective on July 13, 2014. At the request of Puerto Rico, EPA has not taken any action on a provision of its State plan allowing for affirmative defenses of Clean Air Act violations in the case of malfunctions. (b) Identification of sources: The plan applies to existing sewage sludge incineration (SSI) units that: (1) Commenced construction on or before October 14, 2010; or (2) Commenced a modification on or before September 21, 2011 primarily to comply with Puerto Rico’s plan; and (3) Meets the definition of a SSI unit defined in Puerto Rico’s plan. (c) The effective date of the plan for existing sewage sludge incineration units is May 31, 2016. [FR Doc. 2016–09862 Filed 4–28–16; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION 49 CFR Parts 171, 173, and 178 [Docket No. PHMSA–2015–0271 (HM–261)] RIN 2137–AF15 Hazardous Materials: Incorporation by Reference Edition Update for the American Society of Mechanical Engineers Boiler and Pressure Vessel Code and Transportation Systems for Liquids and Slurries: Pressure Piping Code Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Direct final rule. AGENCY: 2. Add § 62.13109 and an undesignated heading to subpart BBB to read as follows: PO 00000 Air Emissions From Existing Sewage Sludge Incineration Units Pipeline and Hazardous Materials Safety Administration 40 CFR part 62 is amended as follows: ■ 25613 E:\FR\FM\29APR1.SGM 29APR1 25614 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations This direct final rule incorporates by reference the most recent editions of the ASME Boiler and Pressure Vessel Code. The purpose of this update is to enable nonspecification (nurse tank) manufacturers and other DOT and UN specification packaging manufacturers to utilize current technology, materials, and practices to help maintain a high level of safety. PHMSA is replacing the ASME referenced standard (1998 Edition) with the new, current ASME standard (2015 Edition) for boiler and pressure vessels. PHMSA is also replacing the ASME 1998 Edition referenced standard of ASME’s Transportation Systems for Liquids and Slurries: Pressure Piping to the current 2012 Edition. DATES: Effective Date: This rule is effective June 28, 2016 without further action, unless adverse comment is received by May 31, 2016. If adverse comment or notice of intent to file an adverse comment is received, PHMSA will publish a timely withdrawal of the rule in whole or in part in the Federal Register before June 13, 2016. Incorporation by reference approval date: The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of [insert date 60 days after publication in the Federal Register]. ADDRESSES: Comments should reference DOT Docket ID Number PHMSA–2015– 0271 and may be submitted by any of the following methods: • Federal Rulemaking Portal: http:// www.regulations.gov. This Web site allows the public to enter comments on any Federal Register notice issued by any agency. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251 • Mail: Docket Management System; U.S. Department of Transportation, Docket Operations, M–30, Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001 • Hand Delivery: To U.S. Department of Transportation, Docket Operations, M–30, Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. Instructions: Include the agency name and docket number PHMSA–2015–0271 or RIN 2137–AF15 for this rulemaking at the beginning of your comment. Note that all comments received will be posted without change to http:// www.regulations.gov including any personal information provided. If sent by mail, comments must be submitted in duplicate. Persons wishing to receive mstockstill on DSK3G9T082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:42 Apr 28, 2016 Jkt 238001 confirmation of receipt of their comments must include a self-addressed stamped postcard. This rule is unrelated to PHMSA’s Proposed Rule ‘‘Hazardous Materials: Adoption of ASME Code Section XII and the National Board Inspection Code’’ (docket number PHMSA–2010–0019; RIN 2137–AE37). 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.), as described in the system of records notice (DOT/ ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. Docket: You may view the public docket through the Internet at http:// www.regulations.gov or in person at the Docket Operations office at the above address (See ADDRESSES). FOR FURTHER INFORMATION CONTACT: Alex B. Mitchell, Office of Chief Counsel, Pipeline and Hazardous Materials Safety Administration; telephone 202–366– 4400; email Alex.Mitchell@dot.gov. SUPPLEMENTARY INFORMATION: Authority for This Rulemaking This direct final rule is published under authority of the Federal Hazardous Materials Transportation Law under 49 U.S.C. 5101 et seq. Section 5103(b) of Federal Hazmat Law authorizes the Secretary of Transportation to prescribe regulations for the safe transportation, including security, of hazardous materials in intrastate, interstate, and foreign commerce. The National Technology Transfer and Advancement Act of 1995 mandates that all federal agencies use technical standards developed and adopted by voluntary consensus standards bodies. The guidelines used by agencies to assess and report their conformity with the requirements of the Act are detailed in Office of Budget and Management (OMB) Circular No. A–119, entitled ‘‘Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities.’’ OMB Circular No. A–119 recognizes that the vibrancy and effectiveness of the U.S. standards system in enabling innovation depends on continued private sector leadership and engagement. This rulemaking is a Direct Final Rule under PHMSA’s rulemaking authority outlined in 49 CFR 106.40 to incorporate by reference the latest edition of a technical/industry standard. PHMSA has determined that this direct final rule is not a ‘‘significant regulatory PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 action’’ as defined in section 3(f) of Executive Order 12866, and is not ‘‘significant’’ as defined in DOT’s Regulatory Policies and Procedures. This rulemaking is exempt from the Office of Management and Budget review in accordance with Executive Order 12866. The Direct Final Rule Procedure PHMSA is issuing this direct final rule without prior notice and prior public comment. The Administrative Procedure Act provides that an agency may publish a final rule without prior notice and comment if the agency for good cause finds that the notice and comment procedure is unnecessary (49 U.S.C. 553(b)(B)). This rule will not make any significant substantive changes to the Hazardous Materials Regulations. Accordingly, PHMSA does not foresee adverse comments in response to this rulemaking, and consequently a 30-day notice and comment period is reasonable. The Regulatory Policies and Procedures of the Department of Transportation (DOT), 44 FR 1134, February 26, 1979, provide that to the maximum extent possible, operating administrations for the DOT should provide an opportunity for public comment on regulations issued without prior notice. Accordingly, PHMSA invites interested persons to participate in this rulemaking by submitting written comments. The agency also invites comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting this final rule. This direct final rule will take effect as indicated above unless PHMSA receives an adverse comment or notice of intent to file an adverse comment within the comment period. An adverse comment explains why a rule would be inappropriate or would be ineffective or unacceptable without a change. It may challenge the rule’s underlying premise or approach. Under the direct final rule process, we do not consider the following types of comments to be adverse: (1) A comment recommending another rule change, in addition to the change in the direct final rule at issue, unless the commenter states why the direct final rule would be ineffective without the change. (2) A frivolous or irrelevant comment. If we receive an adverse comment or notice of intent to file an adverse comment, we will advise the public by publishing a document in the Federal Register before the effective date of the final rule. This document may withdraw the direct final rule in whole or in part. E:\FR\FM\29APR1.SGM 29APR1 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations If we withdraw the direct final rule because of an adverse comment, we may incorporate the adverse comment into another direct final rule or may publish a notice of proposed rulemaking. See the ‘‘Additional Information’’ section for information on how to comment on this direct final rule and how PHMSA will handle comments received. The ‘‘Additional Information’’ section also contains related information about the docket, privacy, and the handling of proprietary or confidential business information. There is also information on obtaining copies of related rulemaking documents. mstockstill on DSK3G9T082PROD with RULES I. Background This direct final rule adopts the most recent edition of a consensus technical standard, the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code (2015 Edition) and ASME Code for Transportation Systems for Liquids and Slurries: Pressure Piping, B31.4–2012. The Boiler and Pressure Vessel Code enables nurse tank manufacturers and other DOT and UN specification packaging manufacturers to use current technology, materials, and practices. The incorporation of the most recent edition of the ASME Code improves clarity, consistency, accuracy, reduces unnecessary burdens on the regulated community, and will provide, at minimum, an equivalent level of safety for non-specification (nurse tanks) and specification tanks regulated under the Hazardous Materials Regulations (HMR). PHMSA is replacing the 1998 Edition of ASME Boiler and Pressure Vessel Code Sections with the following, current 2015 Edition of ASME Boiler and Pressure Vessel Code Sections: • Section II—Materials—Part A— Ferrous Materials Specifications • Section II—Materials—Part B— Nonferrous Material Specifications • Section V—Nondestructive Examination • Section VIII—Rules for Construction of Pressure Vessels Division 1 • Section IX—Welding, Brazing, and Fusing Qualifications PHMSA is also replacing the 1998 Edition of ASME B31.4–1998 Edition, Pipeline Transportation Systems for Liquid Hydrocarbons and other Liquids with the following, current 2012 Edition of ASME B31.4–2012, now titled Pipeline Transportation Systems for Liquids and Slurries as it relates to 49 CFR 173.5a ‘‘Oilfield service vehicles, mechanical displacement meter provers, and roadway striping vehicles exceptions.’’ VerDate Sep<11>2014 16:42 Apr 28, 2016 Jkt 238001 For full access to these Sections, please see http://go.asme.org/PHMSAASME. PHMSA is aware that industry is already manufacturing nurse tanks and other specification cargo tanks in accordance with various ASME Editions between 1998 and 2015, and PHMSA is not aware of any adverse safety issues, as long as tanks have been properly built in accordance with ASME Editions. PHMSA recognizes the safety and validity of these ASME Editions published after the 1998 Edition as related to this rulemaking. This update will increase PHMSA’s ability to ensure compliance with the 2015 ASME Edition related to non-specification (nurse tanks) and specification cargo tanks and with the 2012 ASME edition related to mechanical displacement meter provers. Standards Incorporated by Reference The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104–113) directs Federal agencies to use voluntary consensus standards in lieu of government-written standards whenever possible. Voluntary consensus standards are standards developed or adopted by voluntary bodies that develop, establish, or coordinate technical standards using agreed upon procedures. PHMSA’s Office of Hazardous Materials Safety adopts 187 voluntary consensus standards issued by 27 different technical organizations, and the Office participates in numerous national voluntary consensus standards committees. PHMSA adopts voluntary consensus standards applicable to packaging design, construction, maintenance, inspection, and repair when they are consistent with the safe transportation of hazardous materials. PHMSA reviews and approves for incorporation by reference updated versions based on this directive. When PHMSA believes some aspect of a standard does not meet an adequate level of safety, it will not incorporate the standard or the part of the standard that it believes is contradictory with the directive. Parts 171 through 180 incorporate by reference all or parts of standards and specifications developed and published by technical organizations, as referenced in 49 CFR 171.7, including, but not limited to, the American Petroleum Institute, American Society of Mechanical Engineers, American Society for Testing and Materials, Compressed Gas Association, International Organization for Standardization, Organization for Economic Cooperation and Development, and the United Nations. These organizations update and revise PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 25615 their published standards periodically to reflect modern technology and best technical practices. PHMSA has reviewed the revised voluntary consensus standards being incorporated in this final rule. New Edition of Standards 2015 Edition of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code • Section II—Materials—Part A— Ferrous Materials Specifications • Section II—Materials—Part B— Nonferrous Material Specifications Parts A and B of Section II are ‘‘Service Sections’’ to the other Sections of the Boiler and Pressure Vessel Code, and they provide material specifications for ferrous and nonferrous materials adequate for safety in the field of pressure equipment. These specifications contain requirements for chemical and mechanical properties, heat treatment, manufacture, heat and product analyses, and methods of testing. • Section V—Nondestructive Examination Section V contains requirements and methods for nondestructive examination, which are referenced and required by other Sections. It also includes manufacturers’ examination responsibilities, duties of authorized inspectors and requirements for qualification of personnel, inspection and examination. • Section VIII—Rules for Construction of Pressure Vessels, Division 1 Section VIII, Division 1 provides requirements applicable to the design, fabrication, inspection, testing, and certification of pressure vessels operation at either internal or external pressures exceeding 15 psig. Division 1 also contains mandatory and nonmandatory appendices detailing supplementary design criteria, nondestructive examination and inspection acceptance standards. • Section IX—Welding, Brazing, and Fusing Qualifications Section IX contains rules relating to the qualification of welding, brazing, and fusing procedures as required by other Sections for component manufacture. It also covers rules relating to the qualification and requalification of welders, brazers, and welding, brazing and fusing machine operators in order that they may perform welding, brazing, or plastic fusing as required by other Sections in the manufacture of components. The above editions of currently referenced standards are being E:\FR\FM\29APR1.SGM 29APR1 25616 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations incorporated by reference in 49 CFR 171.7, 173.315, and 178.338–3. These new Editions refine and clarify existing material in the standard and generally do not introduce new topics. mstockstill on DSK3G9T082PROD with RULES 2012 Edition of the American Society of Mechanical Engineers Pipeline Transportation Systems for Liquids and Slurries, ASME B31.4–2012 • This Edition covers piping and transporting liquids between production facilities, tank farms, natural gas processing plants, refineries, pump stations, ammonia plants, terminals (marine, rail, and truck), and other delivery and receiving points. The above standard is being incorporated by reference in 49 CFR 173.5a. This Edition refines and clarifies existing material in the standard and generally does not introduce new topics as related to mechanical displacement meter provers. PHMSA is not seeking or accepting comments on the unrelated, Proposed Rule entitled ‘‘Hazardous Materials: Adoption of ASME Code Section XII and the National Board Inspection Code’’ (docket number PHMSA–2010–0019; RIN 2137–AE58). This rulemaking also has no impact on or relation to the Pipeline Safety Regulations at 49 Code of Federal Regulations Part 190–199. Incorporation By Reference Discussion Under 1 CFR Part 51 The 2015 Edition of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code and the 2012 Edition of the American Society of Mechanical Engineers Pipeline Transportation Systems for Liquids and Slurries are freely accessible to the public for the full 30 day comment period online at http://go.asme.org/ PHMSA-ASME. In addition, all Sections of the 2015 Edition of the Boiler and Pressure Vessel Code are available for purchase directly from ASME online at https://www.asme.org/shop/ standards#des=BPVC and the 2012 Edition of the American Society of Mechanical Engineers Pipeline Transportation Systems for Liquids and Slurries is available for purchase directly from ASME online at https:// www.asme.org/products/codesstandards/b314-2012-pipelinetransportation-systems-liquid. Members of the public may access hard copies of standards incorporated by reference at PHMSA’s Hazardous Materials Information Center (HMIC) at the Department of Transportation Headquarters in Washington, DC. Members of the public may make arrangements to visit the HMIC by VerDate Sep<11>2014 16:42 Apr 28, 2016 Jkt 238001 visiting HMIC’s Web site at http:// www.phmsa.dot.gov/hazmat/standardsrulemaking/hmic or by telephone at 800–467–4922. PHMSA staff will work directly with any person requesting access to these standards. PHMSA believes the majority of industry nurse tank manufacturers and other DOT and UN specification packaging manufacturers has already purchased and therefore possess and adhere to these standards in order to be certified under ASME’s various certification programs. For example, products manufactured by ASME BPVC Certificate Holders are certified and stamped with a Certification Mark in accordance with the applicable ASME BPVC Section. According to ASME, there are currently more than 6,800 Certificate Holders in the ASME BPVC Certification Program. For more information on ASME’s Certification Programs, please see https:// www.asme.org/shop/certification-andaccreditation/boiler-and-pressurevessel-certification. II. Regulatory Notices and Analyses A. Regulatory Flexibility Determination and Executive Order 13272 Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), PHMSA is required to consider whether rulemaking actions would have a significant economic impact on a substantial number of small entities. This direct final rule ensures that manufacturers are able to use the most current editions of technical standards incorporated by reference. PHMSA concludes this rule does not have a significant negative economic impact on any small entity. Based on the facts available about the expected impact of this rulemaking, PHMSA certifies under Section 605 of the Regulatory Flexibility Act (5 U.S.C. 605) that this rulemaking will not have a significant economic impact on a substantial number of small entities. B. Paperwork Reduction Act There are no new information collection requirements in this direct final rule. C. Unfunded Mandates Assessment This direct final rule does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. It does not result in costs of $155,000,000 or more, adjusted for inflation, to either State, local or tribal governments, in the aggregate, or to the private sector in any one year, and is the least burdensome alternative that achieves the objective of the rule. PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 D. 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 number contained in the heading of this document can be used to cross-reference this action with the Unified Agenda. E. Environmental Analysis 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 to prepare a detailed statement on any action that significantly affects the quality of the human environment. Since these new standards provide, at minimum, an equivalent level of protection to the currently referenced standards, it is unlikely that the adoption of these standards will have any impact on the environment. We find that there are no significant environmental impacts associated with this direct final rule. PHMSA invites comments about environmental impacts that could result from this direct final rule. III. Executive Order Determinations A. Executive Order 13132, Federalism PHMSA has analyzed the direct final rule according to Executive Order 13132 (64 FR 43255). This direct final rule does not have a substantial direct effect on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. The direct final rule does not impose substantial direct compliance costs on State and local governments. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply. B. Executive Orders 13563 and 12866 and DOT Policies and Procedures This direct final rule is not a significant regulatory action under section 3(f) of Executive Order 12866 (58 FR 51735) and, therefore, was not subject to review by the Office of Management and Budget. This direct final rule is not significant under the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034). In this direct final rule we are updating references to standards that are incorporated in the Hazardous Materials Regulations. These updates will enhance safety while reducing the compliance burden on the regulated E:\FR\FM\29APR1.SGM 29APR1 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations industry. PHMSA welcomes public comments on potential costs and benefits of this regulatory action. C. Executive Order 13175 This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 (‘‘Consultation and Coordination with Indian Tribal Governments’’). Because the direct final rule does not significantly or uniquely affect the communities of the Indian tribal governments or impose substantial direct compliance costs, the funding and consultation requirements of Executive Order 13175 do not apply. IV. Additional Information mstockstill on DSK3G9T082PROD with RULES A. Comments Invited PHMSA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. The agency also invites comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the rulemaking action in this document. The most helpful comments reference a specific portion of the rulemaking action, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit only one time. PHMSA will file any comments it receives in the docket, as well as a report summarizing each substantive public contact with PHMSA personnel concerning this rulemaking. Before acting on this rulemaking action, PHMSA will consider all comments it receives on or before the closing date for comments. PHMSA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. The agency may change this rulemaking action in light of the comments it receives. B. Availability of Rulemaking Documents An electronic copy of rulemaking documents may be obtained online by— 1. Searching the Federal eRulemaking Portal (http://www.regulations.gov); 2. Visiting the PHMSA’s Regulations and Policies Web page at http:// www.phmsa.dot.gov/hazmat/standardsrulemaking, or; 3. Accessing the Government Printing Office’s Web page at http:// www.gpo.gov/fdsys/. Copies may also be obtained by sending a request to the U.S. VerDate Sep<11>2014 16:42 Apr 28, 2016 Jkt 238001 Department of Transportation, West Building, Ground Floor, Room W12– 140, 1200 New Jersey Avenue SE., Washington, DC 20590. Commenters must identify the docket or amendment number of this rulemaking. All documents PHMSA considered in developing this rulemaking action may be accessed from the Internet through the Federal eRulemaking Portal referenced in item (1) above. C. Where and When To File Comments Send comments to PHMSA in either of the following ways: (1) By mail to: Docket Management System, U.S. Department of Transportation, West Building, Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. (2) Through the Internet at http:// www.regulations.gov. Make sure your comments reach by the deadline. We will consider late filed comments to the extent possible. For further guidance on required information for written comments, see 49 CFR 106.65. D. Privacy Act Statement 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 http://www.regulations.gov/ search/footer/privacyanduse.jsp. 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. Hazardous materials transportation, Incorporation by reference, Motor vehicle safety, Packaging and containers, Reporting and recordkeeping requirements. Frm 00033 Fmt 4700 In consideration of the foregoing, PHMSA is amending 49 CFR Chapter I, subchapter C, 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; Pub. L. 101–410 section 4 (28 U.S.C. 2461 note); Pub. L. 104–134, section 31001; 49 CFR 1.81 and 1.97. 2. In § 171.7, paragraph (g) is revised to read as follows: ■ § 171.7 Reference material. * * * * * (g) The American Society of Mechanical Engineers (ASME), 150 Clove Road, Little Falls, NJ 07424–2139, telephone 1–800–843–2763, http://www.asme.org. (1) 2015 ASME Boiler and Pressure Vessel Code (ASME Code), 2015 Edition, July 1, 2015 (as follows), into §§ 172.102; 173.3; 173.5b; 173.24b; 173.306; 173.315; 173.318; 173.420; 178.255–1; 178.255–2; 178.255–14; 178.255–15; 178.273; 178.274; 178.276; 178.277; 178.320; 178.337–1; 178.337–2; 178.337–3; 178.337–4; 178.337–6; 178.337–16; 178.337–18; 178.338–1; 178.338–2; 178.338–3; 178.338–4; 178.338–5; 178.338–6; 178.338–13; 178.338–16; 178.338–18; 178.338–19; 178.345–1; 178.345–2; 178.345–3; 178.345–4; 178.345–7; 178.345–14; 178.345–15; 178.346–1; 178.347–1; 178.348–1; 179.400–3; 180.407: (i) Section II—Materials—Part A— Ferrous Materials Specifications. (ii) Section II—Materials—Part B— Nonferrous Material Specifications. (iii) Section V—Nondestructive Examination. (iv) Section VIII—Rules for Construction of Pressure Vessels Division 1. (v) Section IX—Welding, Brazing, and Fusing Qualifications. (2) ASME B31.4–2012, Pipeline Transportation Systems for Liquids and Slurries, November 12, 2012, into § 173.5a. * * * * * PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS 3. The authority citation for part 173 continues to read as follows: ■ 49 CFR Part 178 PO 00000 25617 Sfmt 4700 Authority: 49 U.S.C. 5101–5128, 44701; 49 CFR 1.81, 1.96 and 1.97. 4. In § 173.315, paragraph (m)(1)(i) is revised to read as follows: ■ E:\FR\FM\29APR1.SGM 29APR1 25618 Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations § 173.315 Compressed gases in cargo tanks and portable tanks. * * * * * (m) * * * (1) * * * (i) Has a minimum design pressure of 250 psig, meets the requirements of Section VIII of the ASME Code (IBR, see § 171.7 of this subchapter), and is marked with a valid ASME plate. * * * * * PART 178—SPECIFICATIONS FOR PACKAGINGS Issued in Washington, DC, on April 25, 2016, under the authority delegated in 49 CFR part 1. Marie Therese Dominguez, Administrator, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 2016–10027 Filed 4–28–16; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 5. The authority citation for part 178 continues to read as follows: [Docket No. 150818742–6210–02] ■ RIN 0648–XE589 Authority: 49 U.S.C. 5101–5128; 49 CFR 1.81 and 1.97. 6. In § 178.338–3, paragraph (a) is revised to read as follows: Fisheries of the Exclusive Economic Zone off Alaska; Longnose Skate in the Western Regulatory Area of the Gulf of Alaska § 178.338–3 AGENCY: mstockstill on DSK3G9T082PROD with RULES ■ Structural integrity. (a) General requirements and acceptance criteria. (1) Except as permitted in paragraph (d) of this section, the maximum calculated design stress at any point in the tank may not exceed the lesser of the maximum allowable stress value prescribed in Section VIII of the ASME Code (IBR, see § 171.7 of this subchapter), or 25 percent of the tensile strength of the material used. (2) The relevant physical properties of the materials used in each tank may be established either by a certified test report from the material manufacturer or by testing in conformance with a recognized national standard. In either case, the ultimate tensile strength of the material used in the design may not exceed 120 percent of the minimum ultimate tensile strength specified in either the ASME Code or the ASTM standard to which the material is manufactured. (3) The maximum design stress at any point in the tank must be calculated separately for the loading conditions described in paragraphs (b), (c), and (d) of this section. Alternate test or analytical methods, or a combination thereof, may be used in lieu of the procedures described in paragraphs (b), (c), and (d) of this section, if the methods are accurate and verifiable. (4) Corrosion allowance material may not be included to satisfy any of the design calculation requirements of this section. * * * * * VerDate Sep<11>2014 16:42 Apr 28, 2016 Jkt 238001 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. NMFS is prohibiting retention of longnose skate in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2016 total allowable catch of longnose skate in the Western Regulatory Area of the GOA will be reached. SUMMARY: Effective 1200 hours, Alaska local time (A.l.t.), April 26, 2016, through 2400 hours, A.l.t., December 31, 2016. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2016 total allowable catch (TAC) of longnose skate in the Western Regulatory Area of the GOA is 61 metric tons (mt) as established by the final 2016 and 2017 harvest specifications for groundfish of the GOA (81 FR 14740, March 18, 2016). In accordance with § 679.20(d)(2), the Administrator, Alaska Region, NMFS (Regional Administrator), has DATES: PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 determined that the 2016 TAC of longnose skate in the Western Regulatory Area of the GOA will be reached. Therefore, NMFS is requiring that longnose skate in the Western Regulatory Area of the GOA be treated as prohibited species in accordance with § 679.21(b). Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay prohibiting the retention of longnose skate in the Western Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of April 22, 2016. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and § 679.21 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: April 26, 2016. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–10056 Filed 4–26–16; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 150916863–6211–02] RIN 0648–XE590 Fisheries of the Exclusive Economic Zone Off Alaska; Greenland Turbot in the Aleutian Islands Subarea of the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: E:\FR\FM\29APR1.SGM 29APR1

Agencies

[Federal Register Volume 81, Number 83 (Friday, April 29, 2016)]
[Rules and Regulations]
[Pages 25613-25618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10027]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 173, and 178

[Docket No. PHMSA-2015-0271 (HM-261)]
RIN 2137-AF15


Hazardous Materials: Incorporation by Reference Edition Update 
for the American Society of Mechanical Engineers Boiler and Pressure 
Vessel Code and Transportation Systems for Liquids and Slurries: 
Pressure Piping Code

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

ACTION: Direct final rule.

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[[Page 25614]]

SUMMARY: This direct final rule incorporates by reference the most 
recent editions of the ASME Boiler and Pressure Vessel Code. The 
purpose of this update is to enable non-specification (nurse tank) 
manufacturers and other DOT and UN specification packaging 
manufacturers to utilize current technology, materials, and practices 
to help maintain a high level of safety. PHMSA is replacing the ASME 
referenced standard (1998 Edition) with the new, current ASME standard 
(2015 Edition) for boiler and pressure vessels. PHMSA is also replacing 
the ASME 1998 Edition referenced standard of ASME's Transportation 
Systems for Liquids and Slurries: Pressure Piping to the current 2012 
Edition.

DATES: Effective Date: This rule is effective June 28, 2016 without 
further action, unless adverse comment is received by May 31, 2016. If 
adverse comment or notice of intent to file an adverse comment is 
received, PHMSA will publish a timely withdrawal of the rule in whole 
or in part in the Federal Register before June 13, 2016.
    Incorporation by reference approval date: The incorporation by 
reference of certain publications listed in this rule is approved by 
the Director of the Federal Register as of [insert date 60 days after 
publication in the Federal Register].

ADDRESSES: Comments should reference DOT Docket ID Number PHMSA-2015-
0271 and may be submitted by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
This Web site allows the public to enter comments on any Federal 
Register notice issued by any agency. Follow the online instructions 
for submitting comments.
     Fax: 1-202-493-2251
     Mail: Docket Management System; U.S. Department of 
Transportation, Docket Operations, M-30, Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001
     Hand Delivery: To U.S. Department of Transportation, 
Docket Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey 
Avenue SE., Washington, DC 20590-0001, between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
    Instructions: Include the agency name and docket number PHMSA-2015-
0271 or RIN 2137-AF15 for this rulemaking at the beginning of your 
comment. Note that all comments received will be posted without change 
to http://www.regulations.gov including any personal information 
provided. If sent by mail, comments must be submitted in duplicate. 
Persons wishing to receive confirmation of receipt of their comments 
must include a self-addressed stamped postcard. This rule is unrelated 
to PHMSA's Proposed Rule ``Hazardous Materials: Adoption of ASME Code 
Section XII and the National Board Inspection Code'' (docket number 
PHMSA-2010-0019; RIN 2137-AE37).
    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.), as described in the system of records notice (DOT/ALL-14 
FDMS), which can be reviewed at www.dot.gov/privacy.
    Docket: You may view the public docket through the Internet at 
http://www.regulations.gov or in person at the Docket Operations office 
at the above address (See ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Alex B. Mitchell, Office of Chief 
Counsel, Pipeline and Hazardous Materials Safety Administration; 
telephone 202-366-4400; email Alex.Mitchell@dot.gov.

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    This direct final rule is published under authority of the Federal 
Hazardous Materials Transportation Law under 49 U.S.C. 5101 et seq. 
Section 5103(b) of Federal Hazmat Law authorizes the Secretary of 
Transportation to prescribe regulations for the safe transportation, 
including security, of hazardous materials in intrastate, interstate, 
and foreign commerce. The National Technology Transfer and Advancement 
Act of 1995 mandates that all federal agencies use technical standards 
developed and adopted by voluntary consensus standards bodies. The 
guidelines used by agencies to assess and report their conformity with 
the requirements of the Act are detailed in Office of Budget and 
Management (OMB) Circular No. A-119, entitled ``Federal Participation 
in the Development and Use of Voluntary Consensus Standards and in 
Conformity Assessment Activities.'' OMB Circular No. A-119 recognizes 
that the vibrancy and effectiveness of the U.S. standards system in 
enabling innovation depends on continued private sector leadership and 
engagement.
    This rulemaking is a Direct Final Rule under PHMSA's rulemaking 
authority outlined in 49 CFR 106.40 to incorporate by reference the 
latest edition of a technical/industry standard. PHMSA has determined 
that this direct final rule is not a ``significant regulatory action'' 
as defined in section 3(f) of Executive Order 12866, and is not 
``significant'' as defined in DOT's Regulatory Policies and Procedures. 
This rulemaking is exempt from the Office of Management and Budget 
review in accordance with Executive Order 12866.

The Direct Final Rule Procedure

    PHMSA is issuing this direct final rule without prior notice and 
prior public comment. The Administrative Procedure Act provides that an 
agency may publish a final rule without prior notice and comment if the 
agency for good cause finds that the notice and comment procedure is 
unnecessary (49 U.S.C. 553(b)(B)). This rule will not make any 
significant substantive changes to the Hazardous Materials Regulations. 
Accordingly, PHMSA does not foresee adverse comments in response to 
this rulemaking, and consequently a 30-day notice and comment period is 
reasonable.
    The Regulatory Policies and Procedures of the Department of 
Transportation (DOT), 44 FR 1134, February 26, 1979, provide that to 
the maximum extent possible, operating administrations for the DOT 
should provide an opportunity for public comment on regulations issued 
without prior notice. Accordingly, PHMSA invites interested persons to 
participate in this rulemaking by submitting written comments. The 
agency also invites comments relating to the economic, environmental, 
energy, or federalism impacts that might result from adopting this 
final rule.
    This direct final rule will take effect as indicated above unless 
PHMSA receives an adverse comment or notice of intent to file an 
adverse comment within the comment period. An adverse comment explains 
why a rule would be inappropriate or would be ineffective or 
unacceptable without a change. It may challenge the rule's underlying 
premise or approach. Under the direct final rule process, we do not 
consider the following types of comments to be adverse:
    (1) A comment recommending another rule change, in addition to the 
change in the direct final rule at issue, unless the commenter states 
why the direct final rule would be ineffective without the change.
    (2) A frivolous or irrelevant comment.
    If we receive an adverse comment or notice of intent to file an 
adverse comment, we will advise the public by publishing a document in 
the Federal Register before the effective date of the final rule. This 
document may withdraw the direct final rule in whole or in part.

[[Page 25615]]

If we withdraw the direct final rule because of an adverse comment, we 
may incorporate the adverse comment into another direct final rule or 
may publish a notice of proposed rulemaking.
    See the ``Additional Information'' section for information on how 
to comment on this direct final rule and how PHMSA will handle comments 
received. The ``Additional Information'' section also contains related 
information about the docket, privacy, and the handling of proprietary 
or confidential business information. There is also information on 
obtaining copies of related rulemaking documents.

I. Background

    This direct final rule adopts the most recent edition of a 
consensus technical standard, the American Society of Mechanical 
Engineers (ASME) Boiler and Pressure Vessel Code (2015 Edition) and 
ASME Code for Transportation Systems for Liquids and Slurries: Pressure 
Piping, B31.4-2012. The Boiler and Pressure Vessel Code enables nurse 
tank manufacturers and other DOT and UN specification packaging 
manufacturers to use current technology, materials, and practices. The 
incorporation of the most recent edition of the ASME Code improves 
clarity, consistency, accuracy, reduces unnecessary burdens on the 
regulated community, and will provide, at minimum, an equivalent level 
of safety for non-specification (nurse tanks) and specification tanks 
regulated under the Hazardous Materials Regulations (HMR). PHMSA is 
replacing the 1998 Edition of ASME Boiler and Pressure Vessel Code 
Sections with the following, current 2015 Edition of ASME Boiler and 
Pressure Vessel Code Sections:

 Section II--Materials--Part A--Ferrous Materials 
Specifications
 Section II--Materials--Part B--Nonferrous Material 
Specifications
 Section V--Nondestructive Examination
 Section VIII--Rules for Construction of Pressure Vessels 
Division 1
 Section IX--Welding, Brazing, and Fusing Qualifications

    PHMSA is also replacing the 1998 Edition of ASME B31.4-1998 
Edition, Pipeline Transportation Systems for Liquid Hydrocarbons and 
other Liquids with the following, current 2012 Edition of ASME B31.4-
2012, now titled Pipeline Transportation Systems for Liquids and 
Slurries as it relates to 49 CFR 173.5a ``Oilfield service vehicles, 
mechanical displacement meter provers, and roadway striping vehicles 
exceptions.''
    For full access to these Sections, please see http://go.asme.org/PHMSA-ASME. PHMSA is aware that industry is already manufacturing nurse 
tanks and other specification cargo tanks in accordance with various 
ASME Editions between 1998 and 2015, and PHMSA is not aware of any 
adverse safety issues, as long as tanks have been properly built in 
accordance with ASME Editions. PHMSA recognizes the safety and validity 
of these ASME Editions published after the 1998 Edition as related to 
this rulemaking. This update will increase PHMSA's ability to ensure 
compliance with the 2015 ASME Edition related to non-specification 
(nurse tanks) and specification cargo tanks and with the 2012 ASME 
edition related to mechanical displacement meter provers.
Standards Incorporated by Reference
    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113) directs Federal agencies to use voluntary consensus 
standards in lieu of government-written standards whenever possible. 
Voluntary consensus standards are standards developed or adopted by 
voluntary bodies that develop, establish, or coordinate technical 
standards using agreed upon procedures.
    PHMSA's Office of Hazardous Materials Safety adopts 187 voluntary 
consensus standards issued by 27 different technical organizations, and 
the Office participates in numerous national voluntary consensus 
standards committees. PHMSA adopts voluntary consensus standards 
applicable to packaging design, construction, maintenance, inspection, 
and repair when they are consistent with the safe transportation of 
hazardous materials. PHMSA reviews and approves for incorporation by 
reference updated versions based on this directive. When PHMSA believes 
some aspect of a standard does not meet an adequate level of safety, it 
will not incorporate the standard or the part of the standard that it 
believes is contradictory with the directive.
    Parts 171 through 180 incorporate by reference all or parts of 
standards and specifications developed and published by technical 
organizations, as referenced in 49 CFR 171.7, including, but not 
limited to, the American Petroleum Institute, American Society of 
Mechanical Engineers, American Society for Testing and Materials, 
Compressed Gas Association, International Organization for 
Standardization, Organization for Economic Cooperation and Development, 
and the United Nations. These organizations update and revise their 
published standards periodically to reflect modern technology and best 
technical practices. PHMSA has reviewed the revised voluntary consensus 
standards being incorporated in this final rule.
New Edition of Standards
2015 Edition of the American Society of Mechanical Engineers Boiler and 
Pressure Vessel Code
 Section II--Materials--Part A--Ferrous Materials 
Specifications
 Section II--Materials--Part B--Nonferrous Material 
Specifications

    Parts A and B of Section II are ``Service Sections'' to the other 
Sections of the Boiler and Pressure Vessel Code, and they provide 
material specifications for ferrous and nonferrous materials adequate 
for safety in the field of pressure equipment. These specifications 
contain requirements for chemical and mechanical properties, heat 
treatment, manufacture, heat and product analyses, and methods of 
testing.

 Section V--Nondestructive Examination

    Section V contains requirements and methods for nondestructive 
examination, which are referenced and required by other Sections. It 
also includes manufacturers' examination responsibilities, duties of 
authorized inspectors and requirements for qualification of personnel, 
inspection and examination.

 Section VIII--Rules for Construction of Pressure Vessels, 
Division 1

    Section VIII, Division 1 provides requirements applicable to the 
design, fabrication, inspection, testing, and certification of pressure 
vessels operation at either internal or external pressures exceeding 15 
psig. Division 1 also contains mandatory and non-mandatory appendices 
detailing supplementary design criteria, nondestructive examination and 
inspection acceptance standards.

 Section IX--Welding, Brazing, and Fusing Qualifications

    Section IX contains rules relating to the qualification of welding, 
brazing, and fusing procedures as required by other Sections for 
component manufacture. It also covers rules relating to the 
qualification and requalification of welders, brazers, and welding, 
brazing and fusing machine operators in order that they may perform 
welding, brazing, or plastic fusing as required by other Sections in 
the manufacture of components.
    The above editions of currently referenced standards are being

[[Page 25616]]

incorporated by reference in 49 CFR 171.7, 173.315, and 178.338-3. 
These new Editions refine and clarify existing material in the standard 
and generally do not introduce new topics.
2012 Edition of the American Society of Mechanical Engineers Pipeline 
Transportation Systems for Liquids and Slurries, ASME B31.4-2012
 This Edition covers piping and transporting liquids between 
production facilities, tank farms, natural gas processing plants, 
refineries, pump stations, ammonia plants, terminals (marine, rail, and 
truck), and other delivery and receiving points.
    The above standard is being incorporated by reference in 49 CFR 
173.5a. This Edition refines and clarifies existing material in the 
standard and generally does not introduce new topics as related to 
mechanical displacement meter provers. PHMSA is not seeking or 
accepting comments on the unrelated, Proposed Rule entitled ``Hazardous 
Materials: Adoption of ASME Code Section XII and the National Board 
Inspection Code'' (docket number PHMSA-2010-0019; RIN 2137-AE58). This 
rulemaking also has no impact on or relation to the Pipeline Safety 
Regulations at 49 Code of Federal Regulations Part 190-199.
Incorporation By Reference Discussion Under 1 CFR Part 51
    The 2015 Edition of the American Society of Mechanical Engineers 
Boiler and Pressure Vessel Code and the 2012 Edition of the American 
Society of Mechanical Engineers Pipeline Transportation Systems for 
Liquids and Slurries are freely accessible to the public for the full 
30 day comment period online at http://go.asme.org/PHMSA-ASME. In 
addition, all Sections of the 2015 Edition of the Boiler and Pressure 
Vessel Code are available for purchase directly from ASME online at 
https://www.asme.org/shop/standards#des=BPVC and the 2012 Edition of 
the American Society of Mechanical Engineers Pipeline Transportation 
Systems for Liquids and Slurries is available for purchase directly 
from ASME online at https://www.asme.org/products/codes-standards/b314-2012-pipeline-transportation-systems-liquid. Members of the public may 
access hard copies of standards incorporated by reference at PHMSA's 
Hazardous Materials Information Center (HMIC) at the Department of 
Transportation Headquarters in Washington, DC. Members of the public 
may make arrangements to visit the HMIC by visiting HMIC's Web site at 
http://www.phmsa.dot.gov/hazmat/standards-rulemaking/hmic or by 
telephone at 800-467-4922. PHMSA staff will work directly with any 
person requesting access to these standards.
    PHMSA believes the majority of industry nurse tank manufacturers 
and other DOT and UN specification packaging manufacturers has already 
purchased and therefore possess and adhere to these standards in order 
to be certified under ASME's various certification programs. For 
example, products manufactured by ASME BPVC Certificate Holders are 
certified and stamped with a Certification Mark in accordance with the 
applicable ASME BPVC Section. According to ASME, there are currently 
more than 6,800 Certificate Holders in the ASME BPVC Certification 
Program. For more information on ASME's Certification Programs, please 
see https://www.asme.org/shop/certification-and-accreditation/boiler-and-pressure-vessel-certification.

II. Regulatory Notices and Analyses

A. Regulatory Flexibility Determination and Executive Order 13272
    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), PHMSA 
is required to consider whether rulemaking actions would have a 
significant economic impact on a substantial number of small entities. 
This direct final rule ensures that manufacturers are able to use the 
most current editions of technical standards incorporated by reference. 
PHMSA concludes this rule does not have a significant negative economic 
impact on any small entity. Based on the facts available about the 
expected impact of this rulemaking, PHMSA certifies under Section 605 
of the Regulatory Flexibility Act (5 U.S.C. 605) that this rulemaking 
will not have a significant economic impact on a substantial number of 
small entities.
B. Paperwork Reduction Act
    There are no new information collection requirements in this direct 
final rule.
C. Unfunded Mandates Assessment
    This direct final rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$155,000,000 or more, adjusted for inflation, to either State, local or 
tribal governments, in the aggregate, or to the private sector in any 
one year, and is the least burdensome alternative that achieves the 
objective of the rule.
D. 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 number contained in the heading 
of this document can be used to cross-reference this action with the 
Unified Agenda.
E. Environmental Analysis
    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 to prepare a detailed 
statement on any action that significantly affects the quality of the 
human environment. Since these new standards provide, at minimum, an 
equivalent level of protection to the currently referenced standards, 
it is unlikely that the adoption of these standards will have any 
impact on the environment. We find that there are no significant 
environmental impacts associated with this direct final rule. PHMSA 
invites comments about environmental impacts that could result from 
this direct final rule.

III. Executive Order Determinations

A. Executive Order 13132, Federalism
    PHMSA has analyzed the direct final rule according to Executive 
Order 13132 (64 FR 43255). This direct final rule does not have a 
substantial direct effect on the States, the relationship between the 
national government and the States, or the distribution of power and 
responsibilities among the various levels of government. The direct 
final rule does not impose substantial direct compliance costs on State 
and local governments. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.
B. Executive Orders 13563 and 12866 and DOT Policies and Procedures
    This direct final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 (58 FR 51735) and, therefore, was 
not subject to review by the Office of Management and Budget. This 
direct final rule is not significant under the Regulatory Policies and 
Procedures of the Department of Transportation (44 FR 11034).
    In this direct final rule we are updating references to standards 
that are incorporated in the Hazardous Materials Regulations. These 
updates will enhance safety while reducing the compliance burden on the 
regulated

[[Page 25617]]

industry. PHMSA welcomes public comments on potential costs and 
benefits of this regulatory action.
C. Executive Order 13175
    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because the direct 
final rule does not significantly or uniquely affect the communities of 
the Indian tribal governments or impose substantial direct compliance 
costs, the funding and consultation requirements of Executive Order 
13175 do not apply.

IV. Additional Information

A. Comments Invited
    PHMSA invites interested persons to participate in this rulemaking 
by submitting written comments, data, or views. The agency also invites 
comments relating to the economic, environmental, energy, or federalism 
impacts that might result from adopting the rulemaking action in this 
document. The most helpful comments reference a specific portion of the 
rulemaking action, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should send only one copy of written 
comments, or if comments are filed electronically, commenters should 
submit only one time.
    PHMSA will file any comments it receives in the docket, as well as 
a report summarizing each substantive public contact with PHMSA 
personnel concerning this rulemaking. Before acting on this rulemaking 
action, PHMSA will consider all comments it receives on or before the 
closing date for comments. PHMSA will consider comments filed after the 
comment period has closed if it is possible to do so without incurring 
expense or delay. The agency may change this rulemaking action in light 
of the comments it receives.
B. Availability of Rulemaking Documents
    An electronic copy of rulemaking documents may be obtained online 
by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the PHMSA's Regulations and Policies Web page at http://www.phmsa.dot.gov/hazmat/standards-rulemaking, or;
    3. Accessing the Government Printing Office's Web page at http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request to the U.S. 
Department of Transportation, West Building, Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE., Washington, DC 20590. Commenters must 
identify the docket or amendment number of this rulemaking.
    All documents PHMSA considered in developing this rulemaking action 
may be accessed from the Internet through the Federal eRulemaking 
Portal referenced in item (1) above.
C. Where and When To File Comments
    Send comments to PHMSA in either of the following ways:
    (1) By mail to: Docket Management System, U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (2) Through the Internet at http://www.regulations.gov.
    Make sure your comments reach by the deadline. We will consider 
late filed comments to the extent possible. For further guidance on 
required information for written comments, see 49 CFR 106.65.
D. Privacy Act Statement
    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 http://www.regulations.gov/search/footer/privacyanduse.jsp.

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.

49 CFR Part 178

    Hazardous materials transportation, Incorporation by reference, 
Motor vehicle safety, Packaging and containers, Reporting and 
recordkeeping requirements.
    In consideration of the foregoing, PHMSA is amending 49 CFR Chapter 
I, subchapter C, 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; Pub. L. 101-410 section 4 
(28 U.S.C. 2461 note); Pub. L. 104-134, section 31001; 49 CFR 1.81 
and 1.97.


0
2. In Sec.  171.7, paragraph (g) is revised to read as follows:


Sec.  171.7  Reference material.

* * * * *
    (g) The American Society of Mechanical Engineers (ASME), 150 Clove 
Road, Little Falls, NJ 07424-2139, telephone 1-800-843-2763, http://www.asme.org.
    (1) 2015 ASME Boiler and Pressure Vessel Code (ASME Code), 2015 
Edition, July 1, 2015 (as follows), into Sec. Sec.  172.102; 173.3; 
173.5b; 173.24b; 173.306; 173.315; 173.318; 173.420; 178.255-1; 
178.255-2; 178.255-14; 178.255-15; 178.273; 178.274; 178.276; 178.277; 
178.320; 178.337-1; 178.337-2; 178.337-3; 178.337-4; 178.337-6; 
178.337-16; 178.337-18; 178.338-1; 178.338-2; 178.338-3; 178.338-4; 
178.338-5; 178.338-6; 178.338-13; 178.338-16; 178.338-18; 178.338-19; 
178.345-1; 178.345-2; 178.345-3; 178.345-4; 178.345-7; 178.345-14; 
178.345-15; 178.346-1; 178.347-1; 178.348-1; 179.400-3; 180.407:
    (i) Section II--Materials--Part A--Ferrous Materials 
Specifications.
    (ii) Section II--Materials--Part B--Nonferrous Material 
Specifications.
    (iii) Section V--Nondestructive Examination.
    (iv) Section VIII--Rules for Construction of Pressure Vessels 
Division 1.
    (v) Section IX--Welding, Brazing, and Fusing Qualifications.
    (2) ASME B31.4-2012, Pipeline Transportation Systems for Liquids 
and Slurries, November 12, 2012, into Sec.  173.5a.
* * * * *

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 1.81, 1.96 and 
1.97.


0
4. In Sec.  173.315, paragraph (m)(1)(i) is revised to read as follows:

[[Page 25618]]

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

* * * * *
    (m) * * *
    (1) * * *
    (i) Has a minimum design pressure of 250 psig, meets the 
requirements of Section VIII of the ASME Code (IBR, see Sec.  171.7 of 
this subchapter), and is marked with a valid ASME plate.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
5. The authority citation for part 178 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.


0
6. In Sec.  178.338-3, paragraph (a) is revised to read as follows:


Sec.  178.338-3  Structural integrity.

    (a) General requirements and acceptance criteria. (1) Except as 
permitted in paragraph (d) of this section, the maximum calculated 
design stress at any point in the tank may not exceed the lesser of the 
maximum allowable stress value prescribed in Section VIII of the ASME 
Code (IBR, see Sec.  171.7 of this subchapter), or 25 percent of the 
tensile strength of the material used.
    (2) The relevant physical properties of the materials used in each 
tank may be established either by a certified test report from the 
material manufacturer or by testing in conformance with a recognized 
national standard. In either case, the ultimate tensile strength of the 
material used in the design may not exceed 120 percent of the minimum 
ultimate tensile strength specified in either the ASME Code or the ASTM 
standard to which the material is manufactured.
    (3) The maximum design stress at any point in the tank must be 
calculated separately for the loading conditions described in 
paragraphs (b), (c), and (d) of this section. Alternate test or 
analytical methods, or a combination thereof, may be used in lieu of 
the procedures described in paragraphs (b), (c), and (d) of this 
section, if the methods are accurate and verifiable.
    (4) Corrosion allowance material may not be included to satisfy any 
of the design calculation requirements of this section.
* * * * *

    Issued in Washington, DC, on April 25, 2016, under the authority 
delegated in 49 CFR part 1.
Marie Therese Dominguez,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2016-10027 Filed 4-28-16; 8:45 am]
 BILLING CODE 4910-60-P