28162 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations 
§ 300.1 Incorporation by reference of the 
Manual of Regulations and Procedures for Federal Radio Frequency Management. 
(a) The Manual of Regulations and 
Procedures for Federal Radio Frequency 
Management (the NTIA Manual) is issued by the Assistant Secretary of Commerce for Communications and Information, and is specifically designed to cover the Assistant Secretary’s frequency management responsibilities pursuant to delegated authority under 47 U.S.C. 901 et seq. and Executive Order 12046 (March 27, 1978). Federal agencies must comply with the requirements in the NTIA Manual specified in paragraph (b) of this section. 
(b) The NTIA Manual is incorporated 
by reference into this section with approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at National Telecommunications and Information Administration, Office of Spectrum Management, 1401 Constitution Avenue NW, Room 1087, Washington, DC 20230, Peter Tenhula at (202) 482–9142, and is available from the sources indicated below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material, call 202–741–6030 or go to www.archives.gov/federal-register/cfr/ ibr-locations.html. 
(1) Commerce Department, National 
Telecommunications and Information Administration, Office of Spectrum Management, 1401 Constitution Avenue NW, Washington, DC 20230.The NTIA Manual is available online at https:// www.ntia.doc.gov/page/2011/manual- regulations-and-procedures-federal- radio-frequency-management-redbook and from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, by referring to Catalog Number 903–008– 00000–8. 
(i) Manual of Regulations and 
Procedures for Federal Radio Frequency Management, 2013 Edition, dated May 2013, as modified by: 
(A) May 2014 Revisions, approved 
June 24, 2014; 
(B) September 2015 Revisions, 
approved March 11, 2016; and 
(C) September 2017 Revisions, 
approved February 5, 2018. 
(ii) [Reserved] 
(2) [Reserved] 
Dated: June 11, 2018. 
David J. Redl, 
Assistant Secretary for Communications and 
Information. 
[FR Doc. 2018–12790 Filed 6–15–18; 8:45 am] 
BILLING CODE 3510–60–P DEPARTMENT OF TRANSPORTATION 
Pipeline and Hazardous Materials 
Safety Administration 
49 CFR Parts 172, 173, and 180 
[Docket No. PHMSA–2013–0225 (HM–218H)] 
RIN 2137–AF27 
Hazardous Materials: Miscellaneous 
Amendments; Response to Appeals; Corrections 
AGENCY : Pipeline and Hazardous 
Materials Safety Administration (PHMSA), U.S. Department of Transportation (DOT). 
ACTION : Correcting amendments. 
SUMMARY : PHMSA issues this 
rulemaking in response to appeals submitted to a previously-published final rule. On June 2, 2016, PHMSA published a final rule that made miscellaneous amendments to the Hazardous Materials Regulations. This final rule specifically responds to appeals to extend the effective date of certain nitric acid packaging and emergency response telephone number amendments as previously adopted. This final rule also clarifies amendments associated with the trigger date of the 10-year test period for certain MC 331 cargo tanks in dedicated propane service and corrects editorial errors. 
DATES : Effective date: This final rule is 
effective July 18, 2018. 
Voluntary compliance date: June 18, 
2018. 
Delayed compliance date: Unless 
otherwise specified, compliance with the amendments adopted in this final rule is required beginning September 17, 2018. 
FOR FURTHER INFORMATION CONTACT : 
Michael Ciccarone, Standards and Rulemaking Division, (202) 366–8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001. 
SUPPLEMENTARY INFORMATION : 
Table of Contents 
I. Background 
A. Notice of Proposed Rulemaking 
B. Final Rule 
II. Appeals to the Final Rule 
A. Appellants B. Discussion of Appeals by Affected 
Section 
III. Corrections and Amendments IV. Regulatory Analyses and Notices 
A. Statutory/Legal Authority for This 
Rulemaking B. Executive Order 12866 (Regulatory 
Planning and Review), Executive Order 13563 (Improving Regulation and Regulatory Review), Executive Order 13610 (Identifying and Reducing Regulatory Burdens), Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs) and DOT Regulatory Policies and Procedures 
C. Executive Order 13132 D. Executive Order 13175 E. Regulatory Flexibility Act, Executive 
Order 13272, and DOT Procedures and Policies 
F. Paperwork Reduction Act G. Regulation Identifier Number (RIN) H. Unfunded Mandates Reform Act I. Environmental Assessment J. Privacy Act K. International Trade Analysis 
I. Background 
A. Notice of Proposed Rulemaking 
On January 23, 2015, PHMSA 
published a notice of proposed 
rulemaking (NPRM) under Docket No. PHMSA–2013–0225 [(HM–218H); 80 FR 3787] that proposed amendments to update and clarify existing requirements of the Hazardous Materials Regulations (HMR; 49 CFR parts 171–180). Both the NPRM and the subsequent final rule— see Section I, Subsection B (‘‘Final Rule’’) of this rulemaking—are part of DOT’s Retrospective Regulatory Review (RRR) process designed to identify possible improvements to the regulations through the extensive review of both the HMR and previously- issued letters of interpretation. In addition, the NPRM proposed regulatory requirements in response to seven (7) petitions for rulemaking and two (2) National Transportation Safety Board (NTSB) Safety Recommendations. 
B. Final Rule 
On June 2, 2016, PHMSA issued a 
final rule titled, ‘‘Hazardous Materials: 
Miscellaneous Amendments (RRR),’’ under Docket No. PHMSA–2013–0225 [(HM–218H); 81 FR 35483] that made miscellaneous amendments to the HMR to update and clarify certain regulatory requirements. Based on an assessment of the proposed changes and the comments received, the June 2, 2016 final rule covered various topics including the following topics addressed in this rule: 
•Emergency response telephone 
numbers 
•Packaging instructions for certain 
shipments of nitric acid 
•Test period extension to 10 years for 
certain MC 331 cargo tanks in 
dedicated propane delivery service 
•Hazardous Materials Table revisions 
•Pressure relief device testing for cargo 
tank motor vehicles 
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•Organic peroxide materials 
II. Appeals to the Final Rule 
A. Appellants 
In this final rule, PHMSA addresses 
appeals submitted by the following 
organizations in response to the June 2, 2016 final rule: 
•Council on Safe Transportation of 
Hazardous Articles, Inc. (COSTHA) 
•The Dangerous Goods Advisory 
Council (DGAC) 
•National Association of Chemical 
Distributors (NACD) 
•United Parcel Service (UPS) 
B. Discussion of Appeals by Affected 
Section 
The specific concerns raised by the 
appellants are outlined below by section of the HMR: 
Section 172.604 
Section 172.604 prescribes emergency 
response telephone number 
requirements. In response to a petition for rulemaking (P–1597) from DGAC, PHMSA removed the allowance to use an alphanumeric telephone number as the emergency response telephone number listed on a shipping paper. Removal of this authorization eliminated time delays, which result from converting letters to numbers in extremely time-sensitive situations and present an unnecessary delay in emergency response. Therefore, PHMSA amended § 172.604(a) to require the emergency response telephone number to be displayed numerically only. 
Following the June 2, 2016 final rule, 
UPS submitted an appeal concerning the effective date for this amendment. Specifically, UPS indicated that the July 5, 2016, effective date did not provide sufficient time to update the electronic systems used for processing hazardous material shipments and implement the new requirement to use only numeric emergency response telephone numbers. Additionally, UPS stated in its appeal that shippers may be challenged by the short transition period. UPS suggested a one-year timeframe to overcome the challenges and implement the new requirements. 
PHMSA understands the concerns 
raised by UPS and recognizes the need for additional time to comply with this regulatory amendment. PHMSA had accepted UPS’s appeal to delay the compliance date. However, recent appellant feedback shows that the extended timeframe since the publication of the previous final rule on June 2, 2016, has allowed entities such as UPS sufficient time to update their electronic systems. PHMSA does not believe that it is necessary to extend the 
compliance date any further beyond the effective date and delayed compliance schedule of this final rule. See 
DATES . 
Note that PHMSA will not be taking enforcement action for non-compliance with this requirement for the period from July 5, 2016, to the effective date of this rule. 
Section 173.158 
Section 173.158 prescribes the 
packaging requirements for nitric acid. 
In response to a petition for rulemaking (P–1601) from UPS, PHMSA amended the packaging provisions for certain shipments of nitric acid by requiring intermediate packaging for glass inner packagings. In its petition, UPS expressed concern regarding incidents of fire in transport from combination packagings of wooden or fiberboard outer packaging with the glass inners. The addition of intermediate packaging for these packagings would improve safety by preventing breakage, leakage, and resulting fires. Therefore, PHMSA amended § 173.158(e) to require that when nitric acid, in concentrations less than 90 percent, is packaged in glass inner packagings placed in wooden or fiberboard outer packaging, the glass inner packagings must be packed in tightly-closed, non-reactive intermediate packagings and cushioned with a non- reactive absorbent material. Previously, no intermediate packaging was required. 
COSTHA, DGAC, and NACD 
submitted appeals expressing concern regarding the effective date for this amendment. They stated that the July 5, 2016, effective date did not provide sufficient time for shippers to sell current inventory or process inventory through the distribution system or the supply chain. Furthermore, they argued the original effective date did not allow sufficient time for testing and development of new packaging that 
would comply with the new requirement. They requested a transition period of one year from the effective date of the rulemaking to allow for existing inventory to be processed and new packaging to be secured. 
PHMSA understands the concerns of 
the regulated community regarding the time needed to move inventory and comply with the new packaging requirements. PHMSA had accepted the appeals from COSTHA, DGAC, and NACD to extend the compliance date for the modified nitric acid packaging requirement. Recent appellant feedback shows that most shippers are able to comply with the new requirements, while a few are still working to reduce their stock of completed packages and unused packagings predating the nitric acid packaging change in the June 2, 2016, final rule. Similar to our response to the § 172.604(a) changes and appeal, PHMSA will not be taking enforcement action for non-compliance with this requirement for the period from July 5, 2016, to the effective date of this rule. PHMSA is further extending the compliance date to 90 days after publication of this final rule in the Federal Register. See 
DATES . 
Furthermore, PHMSA has received 
public requests for additional clarification of the requirement for the use of non-reactive absorbent material in § 173.158(e). As previously stated, when nitric acid, in concentrations less than 90 percent, is packaged in wooden or fiberboard outer packaging, in combination with glass inner packagings, the glass inner packagings must be packed in tightly-closed, non- reactive intermediate packagings and cushioned with a non-reactive absorbent material. In the June 2, 2016 final rule, PHMSA did not specify how much absorbent material is required for this packaging configuration. Persons have inquired on exactly how much absorbent material must be used. We clarify in this final rule that, consistent with other provisions for use of absorbent material in the HMR, the absorbent material should be in sufficient quantity to absorb the entire contents of the inner packagings. 
III. Corrections and Amendments 
In this final rule, PHMSA also makes 
corrections to sections that were 
amended by the June 2, 2016 final rule and a March 30, 2017 final rule under Docket Number PHMSA–2015–0273 (HM–215N) [82 FR 15795]. Specifically, we make a conforming amendment to § 173.129 for organic peroxides and clarify applicable requirements for cargo tank motor vehicle (CTMV) periodic tests and inspection. A section-by- section summary of these corrections is as follows: 
Part 172 Section 172.101 
This section prescribes the purpose 
and instructions for use of the § 172.101 
Hazardous Materials Table (HMT). We are making editorial corrections to two entries in the HMT. For the entry ‘‘UN0501, Propellant, solid’’ the Packing Group (PG) in Column (5) is removed as it was inadvertently re-added in the March 30, 2017 final rule (HM–215N). For the entry ‘‘UN0190, Samples, explosive, other than initiating 
explosives’’ the PG in Column (5) is removed for consistency with revisions to all other Class 1 explosive entries 
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made in the June 2, 2016 final rule. 
Under that rule, all references to PG II in the HMT for explosives were removed as unnecessary because explosives are not assigned packing groups. 
Part 173 Section 173.129 
Section 173.129 prescribes the 
requirements for assigning a PG to 
organic peroxides. Specifically, this section assigns PG II to all organic peroxides. The June 2, 2016, final rule removed the PG designation for all organic peroxides in the § 172.101 Hazardous Materials Table (HMT) to harmonize with international standards. However, the text that assigns PG II to all organic peroxides was left in § 173.129 and may cause confusion for shippers of organic peroxides when reviewing the HMT because the PG designation is no longer shown. Therefore, for consistency and to further clarify that organic peroxides are no longer assigned a packing group, PHMSA is removing and reserving this section. 
Part 180 Section 180.407 
Paragraph (c) of § 180.407 provides a 
table of compliance dates for periodic 
tests and inspection of DOT specification CTMVs. The June 2, 2016, final rule added a provision to allow for 
a 10-year interval period for the pressure test and internal visual inspection of MC 331 CTMVs under certain conditions (e.g., the cargo tanks 
must be made of nonquenched and tempered (NQT) SA–612 steel). The provision included a Note 5 that extended the 10-year inspection period to cargo tanks made of NQT SA–202 or NQT SA–455 steel provided the materials have full-size equivalent (FSE) Charpy vee notch (CVN) energy test data that demonstrated 75% shear-area ductility at 32 °F with an average of 3 
or more samples >15 ft-lb FSE with no sample <10 ft-lb FSE. However, NQT SA–612 was inadvertently included in the Note. It was the agency’s intent that Note 5 only refer to NQT SA–202 or NQT SA–455 steel because NQT SA– 612 is already referenced within the table making its inclusion in Note 5 redundant and confusing. Therefore, in this final rule, PHMSA is correcting Note 5 to only refer to NQT SA–202 and NQT SA–455 steels. 
Additionally, we are clarifying that as 
of the June 2, 2016 final rule’s effective date, the 10-year inspection period for eligible CTMVs applies from the date the most recent pressure test and internal visual inspection were 
performed. Meaning eligible cargo tanks tested or inspected prior to the effective date do not have to complete the 5-yr cycle before being able to test or inspect on a 10-year cycle. 
Finally, within the paragraph (c) table 
in the column for ‘‘Date by which first test must be completed (see Note 1),’’ we included trigger dates for applicability of the new 10-year requalification for MC 331 CTMVs made of these steels and made the dates consistent with the trigger dates for the other inspection and testing provisions within the table. This has caused unwarranted confusion for the regulated and enforcement communities with respect to compliance. First, the dates were intended to be the same however we introduced a September 1, 2016 date for the visual inspection and a September 1, 2017 date for the pressure test causing confusion on why they were different. Second, the trigger date(s) are different than the July 5, 2016 effective date of the rule causing further confusion on which applies. Therefore, in this rule, we are removing the trigger dates from the paragraph (c) table and clarifying that the effective date (July 5, 2016) of the June 2, 2016 final rule is the trigger date and reiterating that the 10-year interval applies. 
Paragraph (g) of § 180.407 prescribes 
the pressure test requirements for all components of the cargo tank wall. Prior to the publication of the June 2, 2016 final rule, the bench testing requirements for pressure relief valves were contained within § 180.407(g)(1)(ii). In response to a petition (P–1609) from the Truck Trailer Manufacturers Association (TTMA), the June 2, 2016 final rule clarified the requirements for testing pressure relief valves and relocated the requirements of § 180.407(g)(1)(ii)(A), (B), and (C) to § 180.407(j) as (j)(1), (2), and (3), respectively. However, due to an incorrect Federal Register instruction, 
only the introductory text was revised. It was the agency’s intent to revise the entire section to remove the paragraphs § 180.407(g)(1)(ii)(A), (B), and (C). To avoid further confusion by regulated entities, in this final rule, PHMSA is removing § 180.407(g)(1)(ii)(A), (B), and 
(C) as redundant because these same requirements currently reside in § 180.407(j). 
PHMSA has received some inquiries 
regarding the new provisions of § 180.407(j) and how they relate to other sections pertaining to CTMVs. Therefore, PHMSA seeks to clarify that while § 180.407(j) permits DOT 400 series pressure relief devices to be installed on MC 300 series CTMVs, the pressure relief devices must still meet the venting capacity and set pressure requirements of the original specification, in accordance with §§ 173.33(d)(3) and 180.407(h)(2). 
IV. Regulatory Analyses and Notices A. Statutory/Legal Authority for This 
Rulemaking 
This final rule is published under 
authority of Federal hazardous materials transportation law (Federal hazmat law). See 49 U.S.C. 5101 et seq. Section 
5103(b) of Federal hazmat law authorizes the Secretary of Transportation (Secretary) to prescribe regulations for the safe transportation, including security, of hazardous materials in intrastate, interstate, and foreign commerce. Further, section 5120(b) of Federal hazmat law authorizes the Secretary to ensure that, to the extent practicable, regulations governing the transportation of hazardous materials in commerce are consistent with standards adopted by international authorities. The Secretary has delegated the authority granted in the Federal hazmat law to the PHMSA Administrator. See 49 CFR 1.97. 
B. Executive Order 12866 (Regulatory Planning and Review), Executive Order 13563 (Improving Regulation and Regulatory Review), Executive Order 13610 (Identifying and Reducing Regulatory Burdens), Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs) and DOT Regulatory Policies and Procedures 
This final rule is not considered a 
significant regulatory action under section 3(f) of Executive Order 12866, ‘‘Regulatory Planning and Review.’’ See 58 FR 51735 (Oct. 4, 1993). Accordingly, this final rule was not reviewed by the Office of Management and Budget (OMB) and is not considered a significant regulatory action under the DOT Regulatory Policies and Procedures of February 26, 1979. See 44 FR 11034. 
Executive Order 13563, ‘‘Improving 
Regulation and Regulatory Review,’’ supplements and reaffirms the principles, structures, and definitions governing regulatory review that were established in Executive Order 12866. See 76 FR 3821 (Jan. 21, 2011). 
Executive Order 13563 notes that our nation’s current regulatory system must protect not only public health, welfare, safety, and our environment, but also promote economic growth, innovation, competitiveness, and job creation. In addition, Executive Order 13563 specifically requires Federal agencies to: (1) Involve the public in the regulatory 
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1Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017, ‘‘Reducing 
Regulation and Controlling Regulatory Costs, Docket ID: OMB–2017–0002, available at: https://
www.regulations.gov/document?D=OMB-2017- 0002-0001. 2U.S. Department of Transportation, Pipeline and 
Hazardous Materials Safety Administration, ‘‘Hazardous Materials; Miscellaneous Amendments (RRR),’’ published June 2, 2016, 81 FR 35484, available at: https://www.regulations.gov/ document?D=PHMSA-2013-0225-0075. process; (2) promote simplification and 
harmonization through interagency coordination; (3) ‘‘identify and consider regulatory approaches that reduce burdens and maintain flexibility’’; (4) ensure the objectivity of any scientific or technological information used to support regulatory action; and (5) consider how to best promote retrospective analysis to modify, streamline, expand, or repeal existing rules that are outmoded, ineffective, insufficient, or excessively burdensome. 
Executive Order 13610, ‘‘Identifying 
and Reducing Regulatory Burdens,’’ urges agencies to conduct retrospective analyses of existing rules to examine whether they remain justified and whether they should be modified or streamlined in light of changed circumstances, including the rise of new technologies. See 77 FR 28467 (May 14, 
2012). 
Executive Order 13771, ‘‘Reducing 
Regulation and Controlling Regulatory Costs,’’ states that, ‘‘for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.’’ Guidance released publicly and dated February 2, 2017 clarified that two ‘‘deregulatory actions’’ would be needed to fully offset the costs of each new significant regulatory action that imposes costs. 
As this final rule is not considered a 
significant action under 3(f) of Executive Order 12866, E.O. 13771 is not applicable to this action, and this action has not been analyzed in accordance with the principles and criteria of E.O. 13771.
1 
Together, these executive orders 
require agencies to regulate in the ‘‘most cost-effective manner,’’ to make a ‘‘reasoned determination that the benefits of the intended regulation justify its costs,’’ and to develop regulations that ‘‘impose the least burden on society.’’ 
As discussed in this rulemaking, 
PHMSA is amending various provisions in the HMR for necessary clarification and relaxation of overly burdensome requirements. These appeals requested that PHMSA extend the compliance date of the nitric acid packaging requirements, as well as the compliance date of the requirement for offerors to provide emergency response telephone numbers in numeric form only.
2 
Delaying these effective dates is a 
relaxation or reduction of the burden facing the regulated community. PHMSA anticipates the amendments contained in this rule will provide regulatory clarity and flexibility to the regulated community. 
C. Executive Order 13132 
This final rule was analyzed in 
accordance with the principles and 
criteria contained in Executive Order 13132, ‘‘Federalism,’’ which requires agencies to assure meaningful and timely input by State and local officials in the development of regulatory policies that may have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various 
levels of government.’’ See 64 FR 43255 
(Aug. 10, 1999). 
This final rule would preempt State, 
local, and Indian tribe requirements but does not propose any regulation that has substantial direct effects on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply. 
This final rule concerns the 
classification, packaging, marking, labeling, and handling of hazardous materials, among other covered subjects. As adopted, this rule preempts any State, local, or Indian tribe requirements concerning these subjects unless the non-Federal requirements are ‘‘substantively the same’’ as the Federal requirements. See 49 CFR 107.202(d). 
D. 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,’’ which requires agencies to assure meaningful and timely input from Indian tribal government representatives in the development of rules that significantly or uniquely affect Indian communities by imposing ‘‘substantial direct compliance costs’’ or ‘‘substantial direct effects’’ on such communities or the relationship and distribution of power between the Federal Government and Indian tribes. See 65 FR 67249 
(Nov. 9, 2000). Since this final rule does 
not have tribal implications and does not impose substantial direct compliance costs on Indian tribal 
governments, the funding and consultation requirements of Executive Order 13175 do not apply and a tribal summary impact statement is not required. 
E. Regulatory Flexibility Act, Executive 
Order 13272, and DOT Procedures and Policies 
The Regulatory Flexibility Act, 5 
U.S.C. 601 et seq., requires agencies to consider whether a rulemaking would have a ‘‘significant economic impact on a substantial number of small entities.’’ In addition, the Regulatory Flexibility Act directs agencies to establish exceptions and differing compliance standards for small businesses, where it is possible to do so while still meeting the objectives of applicable regulatory statutes. However, in the case of hazardous materials transportation, it is not possible to establish exceptions or differing standards and still accomplish our safety objectives. 
As this final rule would clarify 
provisions based on PHMSA’s initiatives and correspondence with the regulated community, the impact that it will have on small entities is not expected to be significant. The changes are generally intended to provide relief and, as a result, marginal positive benefits to shippers, carriers, and packaging manufactures and testers, including small entities. These benefits are not at a level that can be considered economically significant. Consequently, this final rule will not have a significant economic impact on a substantial number of small entities. 
This final rule has been developed in 
accordance with Executive Order 13272, ‘‘Proper Consideration of Small Entities in Agency Rulemaking,’’ 67 FR 53461 (Aug. 16, 2002), as well as DOT’s Procedures and Policies, to promote compliance with the Regulatory Flexibility Act to ensure that potential impacts of draft rules on small entities are properly considered. 
F. Paperwork Reduction Act 
This final rule imposes no new 
information collection and 
recordkeeping requirements. 
G. Regulation Identifier Number (RIN) 
A regulation identifier number (RIN) 
is assigned to each regulatory action 
listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each 
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year. The RIN number contained in the 
heading of this document can be used to cross-reference this action with the Unified Agenda. 
H. Unfunded Mandates Reform Act 
This final rule does not impose 
unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. Public Law 104–4. It does not result in costs of $155 million or more to either State, local, or Tribal governments, in the aggregate, or to the private sector, and it is the least burdensome alternative that achieves the objective of the rule. 
I. Environmental Assessment 
The National Environmental Policy 
Act of 1969 (NEPA), 42 U.S.C. 4321– 
4375, requires Federal agencies to analyze proposed actions to determine whether they will have a significant impact on the human environment. In the June 2, 2016 final rule, PHMSA developed an assessment to determine the effects of these revisions on the environment and whether a more comprehensive environmental impact statement may be required. Our findings conclude that there are no significant environmental impacts associated with this final rule. The amendments are intended to: Update, clarify, or provide relief from certain existing regulatory requirements to promote safer transportation practices; eliminate unnecessary regulatory requirements; facilitate international commerce; and 
make these requirements easier to understand. For interested parties, the environmental assessment is included with the June 2, 2016, final rule available in the public docket. 
J. Privacy Act 
In accordance with 5 U.S.C. 553(c), 
DOT solicits comments from the public 
to better inform its rulemaking process. Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 
[65 FR 19477] or you may visit http:// 
www.dot.gov/privacy. 
K. International Trade Analysis 
The Trade Agreements Act of 1979, 
Public Law 96–39, as amended by the Uruguay Round Agreements Act, Public Law 103–465, prohibits Federal agencies from establishing any standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to these Acts, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standards have a legitimate domestic objective, such as the protection of safety, and do not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. PHMSA notes the purpose of this rulemaking is to ensure the safety of the American public and has assessed the effects of this rule to ensure that it does not exclude imports that meet this objective. As a result, this final rule is not considered as creating an unnecessary obstacle to foreign commerce. 
List of Subjects 49 CFR Part 172 
Education, Hazardous materials 
transportation, Hazardous waste, Labeling, Markings, Packaging and 
containers, 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 180 
Hazardous materials transportation, 
Incorporation by reference, Motor 
carriers, Motor vehicle safety, Packaging and containers, Railroad safety, Reporting and recordkeeping requirements. 
In consideration of the foregoing, 
PHMSA amends 49 CFR chapter I as follows: 
PART 172—HAZARDOUS MATERIALS 
TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING REQUIREMENTS, AND SECURITY PLANS 
■1. The authority citation for part 172 
continues to read as follows: 
Authority: 49 U.S.C. 5101–5128, 44701; 49 
CFR 1.81, 1.96 and 1.97. 
■2. In § 172.101, the Hazardous 
Materials Table is amended by revising the following entries in the appropriate alphabetical sequence: 
§ 172.101 Purpose and use of hazardous 
materials table. 
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BILLING CODE 4910–60–P 
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§ 172.101 HAZARDOUS MATERIALS TABLE 
Sym- Hazardous materials descrip- Hazard Identi- PG Label Special (8) (9) (10) 
bois lions and proper shipping class or fication Codes Provisions 
names division Numbers (§ 172.102) Packaging Quantity limitations Vessel stowage 
(§ 173***) (see§§ 173.27 and 175.75) 
Excep-tions Non- Bulk Passenger Cargo air- Loca- Other 
bulk aircraft/rail craft only tion 
(SA) 
(I) (2) (3) (4) (5) (6) (7) (8B) (8C) (9A) (9B) (lOA) (lOB) 
• • • • • • • 
Propellant, solid 1.4C UN0501 1.4C None 62 None Forbidden 75kg 02 25 
• • • • • • • 
G Samples, explosive, other than initiating explosives UNOI90 113 None 62 None Forbidden Forbidden 05 25 
• • • • • • • 28168 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations 
* * * * * 
BILLING CODE 4910–60–C 
PART 173—SHIPPERS—GENERAL 
REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS 
■3. The authority citation for part 173 
continues to read as follows: 
Authority: 49 U.S.C. 5101–5128, 44701; 49 
CFR 1.81, 1.96 and 1.97. 
§ 173.129 [Removed and Reserved] 
■4. Remove and reserve § 173.129. 
■5. In § 173.158, revise paragraph (e) to 
read as follows: 
§ 173.158 Nitric acid. 
* * * * * (e) Nitric acid of less than 90 percent 
concentration, when offered for 
transportation or transported by rail, highway, or water may be packaged in 4A, 4B, or 4N metal boxes, 4G fiberboard boxes or 4C1, 4C2, 4D or 4F wooden boxes with inside glass packagings of not over 2.5 L (0.66 gallon) capacity each. Beginning September 17, 2018, when placed in wooden or fiberboard outer packagings, glass inner packagings must be packed in tightly-closed, intermediate packagings and cushioned with absorbent material sufficient to absorb the entire contents of the package. The intermediate packaging and absorbent material must be compatible with the nitric acid. See § 173.24(e). 
* * * * * PART 180—CONTINUING 
QUALIFICATION AND MAINTENANCE OF PACKAGINGS 
■6. The authority citation for part 180 
is revised to read as follows: 
Authority: 49 U.S.C. 5101–5128; 49 CFR 
1.81 and 1.97. 
■7. In § 180.407: 
■a. Revise the table and notes in 
paragraph (c); and 
■b. Revise paragraph (g)(1)(ii). 
The revisions read as follows: 
§ 180.407 Requirements for test and 
inspection of specification cargo tanks. 
* * * * * 
(c) * * * 
COMPLIANCE DATES —INSPECTIONS AND TESTUNDER § 180.407(c) 
Test or inspection 
(cargo tank specification, configuration, and service) Date by which first test 
must be completed 
(see Note 1) Interval 
period 
after first test 
External Visual Inspection: 
All cargo tanks designed to be loaded by vacuum with full opening rear heads .......................... September 1, 1991 ........... 6 months. 
All other cargo tanks ....................................................................................................................... September 1, 1991 ........... 1 year. 
Internal Visual Inspection: 
All insulated cargo tanks, except MC 330, MC 331, MC 338 (see Note 4) .................................. September 1, 1991 ........... 1 year. 
All cargo tanks transporting lading corrosive to the tank ............................................................... September 1, 1991 ........... 1 year. 
MC 331 cargo tanks less than 3,500 gallons water capacity in dedicated propane service con-
structed of nonquenched and tempered NQT SA–612 steel (see Note 5)............................................ 10 years. 
All other cargo tanks, except MC 338 ............................................................................................ September 1, 1995 ........... 5 years. 
Lining Inspection: 
All lined cargo tanks transporting lading corrosive to the tank ...................................................... September 1, 1991 ........... 1 year. 
Leakage Test: 
MC 330 and MC 331 cargo tanks in chlorine service .................................................................... September 1, 1991 ........... 2 years. 
All other cargo tanks except MC 338 ............................................................................................. September 1, 1991 ........... 1 year. 
Pressure Test: 
(Hydrostatic or pneumatic) (See Notes 2 and 3) ...........................................................................
All cargo tanks which are insulated with no manhole or insulated and lined, except MC 338 ..... September 1, 1991 ........... 1 yea r. 
All cargo tanks designed to be loaded by vacuum with full opening rear heads .......................... September 1, 1992 ........... 2 years. 
MC 330 and MC 331 cargo tanks in chlorine service .................................................................... September 1, 1992 ........... 2 years. 
MC 331 cargo tanks less than 3,500 gallons water capacity in dedicated propane service con-
structed of nonquenched and tempered NQT SA–612 steel (See Note 5).10 years. 
All other cargo tanks ....................................................................................................................... September 1, 1995 ........... 5 years. 
Thickness Test: 
All unlined cargo tanks transporting material corrosive to the tank, except MC 338 .................... September 1, 1992 ........... 2 years. 
Note 1: If a cargo tank is subject to an applicable inspection or test requirement under the regulations in effect on December 30, 1990, and 
the due date (as specified by a requirement in effect on December 30, 1990) for completing the required inspection or test occurs before the 
compliance date listed in table I, the earlier date applies. 
Note 2: Pressure testing is not required for MC 330 or MC 331 cargo tanks in dedicated sodium metal service. Note 3: Pressure testing is not required for uninsulated lined cargo tanks, with a design pressure MAWP 15 psig or less, which receive an ex-
ternal visual inspection and lining inspection at least once each year. 
Note 4: Insulated cargo tanks equipped with manholes or inspection openings may perform either an internal visual inspection in conjunc tion 
with the external visual inspection or a hydrostatic or pneumatic pressure-test of the cargo tank. 
Note 5: A 10-year inspection interval period also applies to cargo tanks constructed of NQT SA–202 or NQT SA–455 steel provided the mat e-
rials have full-size equivalent (FSE) Charpy vee notch (CVN) energy test data that demonstrated 75% shear-area ductility at 32 °F with an aver-
age of 3 or more samples >15 ft-lb FSE with no sample <10 ft-lb FSE. 
* * * * * 
(g) * * * 
(1) * * * (ii) All self-closing pressure relief 
valves, including emergency relief vents 
and normal vents, must be removed from the cargo tank for inspection and testing according to the requirements in paragraph (j) of this section. 
* * * * * Issued in Washington, DC, on June 12, 
2018, under authority delegated in 49 CFR 
1.97. 
Howard R. Elliott, Administrator, Pipeline and Hazardous 
Materials Safety Administration. 
[FR Doc. 2018–12961 Filed 6–15–18; 8:45 am] 
BILLING CODE 4910–60–P 
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