[Federal Register Volume 76, Number 40 (Tuesday, March 1, 2011)]
[Proposed Rules]
[Pages 11191-11192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4543]


=======================================================================
-----------------------------------------------------------------------

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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    <bullet> Fax: 1-202-493-2251.
    <bullet> 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.
    <bullet> 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

[[Page 11192]]

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