Hazardous Materials: Termination of M-Number and R-Number Approvals Issued Without an Expiration Date, 16452-16454 [2020-06040]

Agencies

• Pipeline and Hazardous Materials Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 85, Number 56 (Monday, March 23, 2020)]
[Notices]
[Pages 16452-16454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06040]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2017 0084; Notice No. 2018-14]


Hazardous Materials: Termination of M-Number and R-Number 
Approvals Issued Without an Expiration Date

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

ACTION: Notice.

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SUMMARY: All R-number holders and holders of M-number approvals issued 
without an expiration date that did not show cause why their approvals 
should not be terminated, or did not apply for a modification of that 
approval to get a 5-year expiration time frame in response to the 
Federal Register Notice issued Friday, November 17, 2017, [Docket No. 
PHMSA-2017-0084; Notice No. 2017-03], are hereby notified that these 
approvals shall be terminated, 30 days from the publication of this 
Federal Register Notice.

FOR FURTHER INFORMATION CONTACT: Duane Cassidy, Acting Director, 
Approvals and Permits Division, Office of Hazardous Materials Safety, 
(202) 366-5794 PHMSA, 1200 New Jersey Avenue SE, Washington, DC 20590 
or at [email protected].
    Correspondence regarding the proposed M-number and R-number 
terminations should be sent to [email protected] with the subject line 
``Termination of M-numbers/Termination of R-numbers.''

SUPPLEMENTARY INFORMATION: 

I. Introduction

    PHMSA is terminating M-number and R-number approvals discussed in 
the Federal Register Notice issued Friday, November 17, 2017 (82 FR 
54465) to streamline all approvals issued by the Approvals and Permits 
Division. R-number and M-number approvals that were issued without an 
expiration date, whose holders have not shown cause why their approval 
should not be terminated or applied for a modification to get a 5-year 
expiration date, are terminated effective January 1, 2020.

[[Page 16453]]

PHMSA originally proposed that termination of these approvals would 
take effect one year from the publication date of the Notice. The 
Notice, and the comments received by PHMSA, are available on 
regulations.gov in Docket No. PHMSA-2017-0084.

II. Background

    M-number approvals are issued to companies that manufacture or 
recondition packaging related to hazardous materials to show that the 
manufacturer holds a registered M Number symbol. This number is used 
for identification purposes in place of the manufacturer or 
reconditioner's name and address, as authorized in 49 CFR 178.503. In 
previous years, PHMSA issued reconditioner approvals, known as an ``R-
number,'' to companies that reconditioned packages related to hazardous 
materials. PHMSA no longer issues R-number approvals and now issues M-
number approvals in their place. Prior to 2010, M-number and R-number 
approvals were issued without expiration dates.
    On November 17, 2017, PHMSA issued a Federal Register Notice 
proposing to terminate R-number and M-number approvals without 
expiration dates, if approval holders did not modify their approvals or 
show cause why their approvals should not be terminated as provided for 
in 49 Code of Federal Regulations (CFR) Sec.  107.713(c)(1). See 82 FR 
54465.
    Taking this action will allow PHMSA to regularly review approval 
documents and track changes. It will ensure that all applicants are 
subject to the same renewal timelines and requirements to contact PHMSA 
when pertinent information pertaining to the approval holder, such as 
operating status and facility locations, has changed.
    PHMSA has communicated the details of Notice No. 2017-03 with the 
regulated community, utilizing various methods (webinars, brochures/
pamphlets, YouTube presentations). National Tank Truck Carriers (NTTC) 
commented, requesting that PHMSA immediately suspend, modify or remove 
the posting and the opportunity to comment on the policy be given to 
industry prior to its implementation. PHMSA communicated with NTTC via 
teleconference meeting. NTTC mistakenly assumed that the Federal 
Register Notice would affect the Repair/Rebuild R-Stamp certification 
issued by ASME for cargo tank repair. PHMSA explained that this program 
would be unaffected by the Federal Register Notice and NTTC officially 
submitted a withdrawal of their comments from the docket.
    PHMSA also interacted with The Sporting Arms and Ammunition 
Manufacturers' Institute (SAAMI) and the Industrial Packaging Alliance 
of North America (IPANA). SAAMI opposed the addition of an expiration 
date, as this would come with the added responsibility of renewal by 
the applicants. They also questioned PHMSA's action, believing it would 
affect the M-number marking, as this would cause economic hardship to 
its members. IPANA contacted PHMSA by phone and questioned whether the 
announcement covered registration symbols previously grandfathered into 
the database.
    After review of the correspondence received, PHMSA responded with 
verbal and/or written communications to each of the commenters. PHMSA 
made SAAMI aware that PHMSA was not changing the marking requirements 
and that the addition of expiration dates to approvals and permits was 
initiated as part of PHMSA's 2010 action plan following an audit of 
Approvals and Permits. As a result, PHMSA implemented expiration dates 
on all approvals and permits, except for classification approvals. 
PHMSA also hosted representatives from SAAMI at its headquarters on two 
separate occasions, once in December of 2017 and again in August of 
2018. SAAMI is opposed to the addition of expiration dates on M Number 
approvals, as they believe that it will impose an administrative burden 
on their members. On both occasions, PHMSA answered questions in 
relation to the reasoning for the addition of expiration dates and 
SAAMI's concern that it would cause hardship to its members due to the 
responsibility of renewal and maintenance of approval documents. PHMSA 
expressed that the administrative burden would be minimal, due to a 
simple application process consisting of a short email submission 
including information pursuant to 49 CFR 107.705. Additionally, as this 
is a registration process, no onsite inspection or fitness action would 
be required prior to issuance. PHMSA also noted that this effort was to 
increase the reliability of its data, track out of business companies 
to limit resource drain on its investigators, and ensure changes to 
ownership, addresses, and name changes of approval holders are kept up 
to date as required. PHMSA also explained that expiration dates on 
approvals allow PHMSA to re-evaluate the need for the approval and the 
continued fitness of approval holders at regular intervals.
    IPANA contacted PHMSA by phone in 2017, and inquired as to whether 
this cancellation applied to all M Numbers, even those with an 
expiration date. PHMSA responded to IPANA that the notice applied to 
all R Number approvals and existing M Number approvals without an 
expiration date. PHMSA also noted that it was PHMSA's intent to cover 
registered symbols further under a separate Federal Register Notice as 
there are other issues that need to be addressed concerning the use of 
one approval for several locations. This action is being reviewed by 
PHMSA and will be initiated at a future date under a separate Federal 
Register Notice. However, PHMSA also made clear that if an original 
approval authorizing a grandfathered symbol does not have an expiration 
date, it will require one.
    Subsequently, PHMSA indicated that it would provide increased 
outreach efforts on the Federal Register Notice regarding M-number and 
R-number approvals and would host a question and answer webinar on the 
proposed changes prior to Summer 2018. PHMSA hosted a webinar on May 
21, 2018 to provide additional information on the M-Number and R-Number 
Program Federal Register Notice. PHMSA had 20 entities participate 
including stakeholders from several companies and associations in the 
hazmat community. A recording of the material covered was posted on 
PHMSA's web page on June 30, 2018.

III. Action

    PHMSA is granting an extension of the November 17, 2018 show cause 
deadline and termination date proposed in the Notice. Holders of R-
number and M-number approvals issued without an expiration date that 
have not shown cause why their approvals should not be terminated as 
provided in 49 CFR 107.713(c)(1), or have not applied for a 
modification of their approval in accordance with 49 CFR Sec.  107.705 
30 days after the posting of this notice are hereby informed that 
effective 30 days from the issuance of this notice, these approvals are 
terminated. The extension of the termination date was to allow for 
sufficient time to respond to comments from the public and provide 
outreach on the proposed action.
    A holder of an M-number or R-number approval that is terminated 
according to this Notice may request that the Associate Administrator 
for the Office of Hazardous Materials Safety reconsider the 
termination. Pursuant to 49 CFR 107.715, such a request must: (1) Be in 
writing and filed within 20 days of the date of termination; (2) state 
in

[[Page 16454]]

detail any alleged errors of fact and law; (3) enclose any additional 
information needed to support the request to reconsider; and (4) state 
in detail the modification of the final decision sought. This notice 
serves as service of process pursuant to 49 CFR Sec.  105.35(a)(3).

    Issued in Washington, DC, on March 18, 2020, under the authority 
of 49 U.S.C. 5101-5128, as delegated in 49 CFR part 107.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2020-06040 Filed 3-20-20; 8:45 am]
 BILLING CODE 4909-60-P