Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Proposed Rules 11191 

driver’s license or other form of picture 

identification. If you wish to make a 

presentation, please contact and submit 

a copy of your presentation by March 

11, 2011, to Ms. Clare Zebrowski, OUSD 

(AT&L) DPAP (DARS), 3060 Defense 

Pentagon, Room 3B855, Washington, DC 

20302–3060; facsimile 703–602–0350. 

Please cite ‘‘Public Meeting, DFARS 

Case 2009–D043’’ in all correspondence 

related to this public meeting. The 

submitted presentations will be the only 

record of the public meeting. If you 

intend to have your presentation 

considered as a public comment to be 

considered in the formation of a final 

rule, the presentation must be submitted 

separately as a written comment as 

instructed below. 

Special Accommodations: The public 

meeting is physically accessible to 

people with disabilities. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Clare Zebrowski, Telephone 703–602– 

0289; facsimile 703–602–0350. Please 

cite DFARS Case 2009–D043. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD published a proposed rule in the 

Federal Register on December 22, 2010 

(75 FR 80427). DoD published an 

extension of the public comment period 

on February 18, 2011 (75 FR 9527). The 

public comment period ends on April 8, 

2011. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

[FR Doc. 2011–4524 Filed 2–28–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 171, 173, 178, and 180 

[Docket Number PHMSA–2010–0019 (HM– 

241)] 

RIN 2137–AE58 

Hazardous Materials: Adoption of 

ASME Code Section XII and the 

National Board Inspection Code 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Advance notice of proposed 

rulemaking; document availability and 

extension of comment period. 

SUMMARY: PHMSA is notifying the 

public of the electronic availability of 

the American Society of Mechanical 

Engineers’ (ASME) Boiler and Pressure 

Vessel Code, Section XII (2010 Edition) 

and the National Board of Boiler and 

Pressure Vessel Inspectors’ National 

Board Inspection Code (2007 Edition). 

Further, PHMSA is extending the 

comment period for the ANPRM 

published on December 23, 2010 

(ANPRM; 75 FR 80765). The ASME 

Boiler and Pressure Vessel Code, 

Section XII is now available on 

PHMSA’s Web site for public review at: 

http://phmsa.dot.gov/hazmat. In 

addition, the National Board of Boiler 

and Pressure Vessel Inspectors have 

voluntarily posted, for public review, 

the relevant parts of the National Board 

Inspection Code at http:// 

www.nationalboard.org. 

DATES: The comment period for the 

ANPRM published on December 23, 

2010, closing on March 23, 2011, is 

extended until May 23, 2011. 

ADDRESSES: You may submit comments 

identified by the docket number 

(PHMSA–2010–0130) by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Fax: 1–202–493–2251. 

• Mail: Docket Operations, U.S. 

Department of Transportation, West 

Building, Ground Floor, Room W12– 

140, Routing Symbol M–30, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. 

• Hand Delivery: To Docket 

Operations, Room W12–140 on the 

ground floor of the West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

Holidays. 

Instructions: All submissions must 

include the agency name and docket 

number for this notice at the beginning 

of the comment. Note that all comments 

received will be posted without change 

to the docket management system, 

including any personal information 

provided. 

Docket: For access to the dockets to 

read background documents or 

comments received, go to http:// 

www.regulations.gov, or DOT’s Docket 

Operations Office (see ADDRESSES). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Kurt Eichenlaub, Standards and 

Rulemaking Division, (202) 366–8553, 

Pipeline and Hazardous Materials Safety 

Administration. 

Privacy Act: Anyone is able to search 

the electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

document (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477) or you may visit http:// 

www.regulations.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 23, 2010, PHMSA 

published an advance notice of 

proposed rulemaking (ANPRM; 75 FR 

80765) seeking public comment on the 

possible incorporation of the most 

recent edition of the ASME’s Boiler and 

Pressure Vessel Code, Section XII for the 

design, construction, and certification of 

cargo tank motor vehicles, cryogenic 

portable tanks and multi-unit-tank car 

tanks (ton tanks) and the National Board 

of Boiler and Pressure Vessel Inspectors’ 

(National Board) National Board 

Inspection Code as it applies to the 

continuing qualification and 

maintenance of ASME stamped cargo 

tank motor vehicles, portable tanks, and 

multi-unit-tank car tanks (ton tanks) 

constructed to standards in ASME 

Section VIII or ASME Section XII. 

PHMSA received comments regarding 

the availability of the consensus 

standards referenced in the ANPRM and 

requesting a comment period extension. 

II. Availability of Consensus Standards 

Several commenters (National Tank 

Truck Carriers (NTTC), C & R Fleet 

Services, and WRD, Inc.) requested that 

PHMSA make the consensus standards 

referenced in the ANPRM available to 

the public electronically. The 

commenters cited costs to purchase and 

review the copyrighted documents as 

barriers to informed public comment on 

issues presented in the ANPRM. 

PHMSA agrees. PHMSA understands 

the costs of purchasing copyrighted 

consensus standards can create an 

unnecessary burden on interested 

parties and potentially limit public 

participation in the rulemaking process. 

This was not PHMSA’s intent. 

In response to commenter requests, 

PHMSA has obtained permission from 

ASME to post an electronic version of 

the 2010 edition of the ASME Boiler and 

Pressure Vessel Code, Section XII 

(ASME Section XII) on PHMSA’s 

website. The electronic version of 

ASME Section XII will be available for 

the duration of the comment period 

(through May 23, 2011) at the following 

URL: http://phmsa.dot.gov/hazmat. 

Further, in response to commenter 

requests, the National Board has 

voluntarily posted copies of the relevant 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
11192 Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Proposed Rules 

sections (NBIC Part 2, Section 6, 

Supplement 6, ‘‘Continued Service and 

Inspection of DOT Transport Tanks,’’ 

and NBIC Part 3, Section 6, Supplement 

6, ‘‘Repair, Alteration, and Modification 

of DOT Transport Tanks’’) of the 2007 

edition of the National Board Inspection 

Code for public review at 

www.nationalboard.org. Both 

documents are available electronically 

for review and comment, free of charge. 

However, PHMSA reminds the public 

that the documents are copyrighted and 

any reproduction of the documents 

without the permission of ASME or the 

National Board is prohibited. 

III. Comment Period Extension 

Several commenters to the December 

23, 2011 ANPRM request a comment 

period extension (NTTC, C & R Fleet 

Services, Compressed Gas Association, 

and WRD, Inc.). Commenters cite 

difficulties in obtaining and reviewing 

copies of the referenced consensus 

standards, technical nature of the 

subject matter, and a wide range of 

potential burdens as reasons PHMSA 

should provide commenters with 

additional time to review the consensus 

standards and generate informed 

comment submissions to the docket. 

PHMSA agrees. Therefore, the comment 

period for the December 23, 2010 

ANPRM is extended from March 23, 

2011 until May 23, 2011. 

IV. Conclusion 

PHMSA believes the electronic 

availability of the referenced consensus 

standards and the extension of the 

comment period will provide 

commenters with sufficient time to 

review the consensus standards and 

generate informed comments on the 

December 23, 2010 ANPRM. 

Issued in Washington, DC, on February 22, 

2011 under authority delegated in 49 CFR 

part 106. 

Billy C. Hines, Jr., 

Acting Associate Administrator for 

Hazardous Materials Safety. 

[FR Doc. 2011–4543 Filed 2–28–11; 8:45 am] 

BILLING CODE 4910–60–P 


jlentini on DSKJ8SOYB1PROD with PROPOSALS