[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Proposed Rules]
[Pages 14643-14644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6175]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 173

[Docket Number PHMSA-2009-0303 (HM-213D)]
RIN 2137-AE53


Hazardous Materials: Safety Requirements for External Product 
Piping on Cargo Tanks Transporting Flammable Liquids

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

ACTION: Notice of proposed rulemaking; extension of comment period.

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SUMMARY: PHMSA is notifying the public of our intent to extend the 
comment period by 30 days for a notice of proposed rulemaking published 
on January 27, 2011.

DATES: The comment period for the NPRM closing on March 28, 2011, is 
extended until April 27, 2011.

ADDRESSES: You may submit comments identified by the docket number 
(PHMSA-2009-0303) 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: Dirk Der Kinderen, Standards and 
Rulemaking Division, Pipeline and Hazardous Materials Safety 
Administration, telephone (202) 366-8553; or Leonard Majors, 
Engineering and Research Division, Pipeline and Hazardous Materials 
Safety Administration, telephone (202) 366-4545.
    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 January 27, 2011, PHMSA published a notice of proposed 
rulemaking (NPRM) (HM-213D; 76 FR 4847) seeking public comment on a 
proposal to prohibit the transportation of flammable liquids in exposed 
external product piping (wetlines) on a cargo tank motor vehicle (CTMV) 
unless the CTMV is equipped with bottom damage protection that conforms 
to the requirements of Sec.  178.337-10 or Sec.  178.345-8(b)(1), as 
appropriate. We also invited comment on a number of provisions 
associated with this proposed prohibition such as the residue 
performance standard relating to applicability of the proposed 
prohibition as well as conditional exceptions and the proposed 
transition period and compliance dates. See the January 27, 2011 NPRM 
for background and a complete discussion of the proposals.

II. Comment Period Extension

    We received comments from the American Trucking Associations, Inc. 
(ATA), the Commercial Vehicle Safety Alliance, the National Tank Truck 
Carriers, Inc., and the Tank Truck Manufacturers Association requesting 
an extension of the comment period. These member organizations 
represent carriers, manufacturers, and officials affected by the NPRM. 
They state their primary basis for extension is to allow for thorough 
review and analysis of the HM-213D docket materials. For example, the 
ATA notes in their comment that the regulatory evaluation for this NPRM 
contains numerous new assumptions and revised economic analyses that 
warrant extensive evaluation by industry experts and outside 
consultants. They indicate that the evaluation will require a review of 
(1) The wetlines incidents cited by PHMSA; (2) the use and retrofit 
requirements associated with a manual purging system; and (3) the 
feasibility of alternatives available to comply with the proposed 
prohibition. The associations also indicate the need for time to 
convene with members at meetings scheduled to occur in April and May of 
2011 to present findings and to obtain feedback. Additionally, the 
comment period for this NPRM overlaps with numerous other regulatory 
initiatives within DOT and other Federal agencies, such as the 
Environmental Protection Agency, the Occupational Safety and Health 
Administration, and the U.S. Customs and Border Protection that impact 
their members. Finally, they note that the trucking industry is 
dominated by small businesses that do not have the resources to 
understand and meaningfully participate in the rulemaking process of so 
many concurrent rulemaking actions. In light of the significance of 
this rulemaking to their members and for the reasons summarized above, 
the associations request that PHMSA grant an extension to the HM-213D 
NPRM comment period ranging from sixty days to six months.
    Although PHMSA continues to believe that the initial 60-day comment 
period provides enough time to review and respond to the rulemaking 
proposals and supporting material, PHMSA is consenting to the commenter 
requests to extend the comment period to ensure sufficient time for 
public review. However, we do not consider a lengthy extension (e.g., 
120 days) to be warranted. Accordingly, in the interest of moving this 
rulemaking action forward in a timely manner, we believe, in addition 
to the time that remains in the current comment period, extending the 
comment period by 30 days would be sufficient to relieve the burdens of 
conducting an extensive evaluation, overlapping rulemaking actions, and 
needing time to meet with respective trucking industry members for 
feedback. Thus, the comment period for the HM-213D NPRM is extended 
from March 28, 2011 until April 27, 2011.


[[Page 14644]]


    Issued in Washington, DC, on March 11, 2011 under authority 
delegated in 49 CFR part 106.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 2011-6175 Filed 3-16-11; 8:45 am]
BILLING CODE 4910-60-P