Federal Register / Vol. 76, No. 21 / Tuesday, February 1, 2011 / Rules and Regulations 5483 

Outreach & Implementation, tel.: 202/ 

622–2490, Assistant Director for 

Licensing, tel.: 202/622–2480, Assistant 

Director for Policy, tel.: 202/622–4855, 

Office of Foreign Assets Control, or 

Chief Counsel (Foreign Assets Control), 

tel.: 202/622–2410, Office of the General 

Counsel, Department of the Treasury 

(not toll free numbers). 

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability 

This document and additional 

information concerning OFAC are 

available from OFAC’s Web site (http:// 

www.treas.gov/ofac). Certain general 

information pertaining to OFAC’s 

sanctions programs also is available via 

facsimile through a 24-hour fax-ondemand service, tel.: 202/622–0077. 

Background 

Following the December 19, 2010 

presidential elections in Belarus and the 

announcement by state-run media on 

election night that President 

Lukashenko had received approximately 

80 percent of the vote, some opposition 

candidates and their supporters 

gathered at Independence Square in the 

Belarusian capital, Minsk, to protest. 

Belarusian riot police beat and arrested 

over 600 protesters, including most of 

the opposition candidates and many 

journalists, human rights activists, and 

civil society representatives. Press 

reports indicate that as of January 18, at 

least 31 protesters (including several 

opposition candidates) remain in jail, 

facing up to 15 years in prison on 

charges of organizing or participating in 

mass riots. Since the demonstration, the 

government has engaged in a further 

crackdown against offices and members 

of political parties, civil society and 

independent media. 

While the Organization for Security 

and Co-operation in Europe’s (OSCE) 

Office for Democratic Institutions and 

Human Rights (ODIHR) noted that the 

presidential election showed certain 

improvements over previous elections, 

ODIHR observed significant flaws 

during the vote count. ODIHR 

determined that the lack of transparency 

in the vote count undermined any 

improvements in the electoral process. 

The post-election violence further 

marred the presidential elections and 

drew condemnation from the United 

States and the European Union. On 

December 23, 2010, U.S. Secretary of 

State Hillary Clinton and EU High 

Representative Catherine Ashton issued 

a joint statement calling for the 

immediate release of all opposition 

protesters taken into custody following 

the presidential elections. Secretary 

Clinton and High Representative Ashton 

also deemed the flawed vote count and 

post-election violence an ‘‘unfortunate 

step backwards’’ for democracy and 

human rights in Belarus. 

In light of these recent developments 

and the decision by the Government of 

Belarus to close the Minsk office of the 

OSCE, OFAC is amending the Belarus 

Sanctions Regulations, 31 CFR part 548 

(the ‘‘Regulations’’), to revoke the 

general license in section 548.509 

authorizing U.S. persons to engage until 

May 31, 2011, in all otherwise 

prohibited transactions with two 

blocked entities, Lakokraska OAO and/ 

or Polotsk Stoklovolokno OAO. This 

license had been issued in 2008 in 

response to the Belarusian 

Government’s release of its political 

prisoners. The revocation of the general 

license in section 548.509 of the 

Regulations will be effective on 

February 11, 2011. This delayed 

effective date gives U.S. persons a 

reasonable period of time to wind down 

and terminate any transactions 

previously entered into with Lakokraska 

OAO and/or Polotsk Stoklovolokno 

OAO under section 548.509 of the 

Regulations. 

Public Participation 

Because the amendments of the 

Regulations involve a foreign affairs 

function, the provisions of Executive 

Order 12866 and the Administrative 

Procedure Act (5 U.S.C. 553) requiring 

notice of proposed rulemaking, 

opportunity for public participation, 

and delay in effective date are 

inapplicable. Because no notice of 

proposed rulemaking is required for this 

rule, the Regulatory Flexibility Act (5 

U.S.C. 601–612) does not apply. 

Paperwork Reduction Act 

The collections of information related 

to the Regulations are contained in 31 

CFR part 501 (the ‘‘Reporting, 

Procedures and Penalties Regulations’’). 

Pursuant to the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3507), those 

collections of information have been 

approved by the Office of Management 

and Budget under control number 1505– 

0164. An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless the collection of information 

displays a valid control number. 

List of Subjects in 31 CFR Part 548 

Administrative practice and 

procedure, Banks, Banking, Belarus, 

Blocking of assets, Credit, Foreign trade, 

Penalties, Reporting and recordkeeping 

requirements, Securities, Services. 

For the reasons set forth in the 

preamble, the Department of the 

Treasury’s Office of Foreign Assets 

Control amends 31 CFR part 548 as 

follows: 

PART 548—BELARUS SANCTIONS 

REGULATIONS 

■ 1. The authority citation for part 548 

continues to read as follows: 

Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 

50 U.S.C. 1601–1651, 1701–1706; Pub. L. 

101–410, 104 Stat. 890 (28 U.S.C. 2461 note); 

Pub. L. 110–96, 121 Stat. 1011 (50 U.S.C. 

1705 note); E.O. 13405, 71 FR 35485; 3 CFR, 

2007 Comp., p. 231. 

Subpart E—Licenses, Authorizations, 

and Statements of Licensing Policy 

§ 548.509 [Removed] 

■ 2. Remove § 548.509. 

Dated: January 25, 2011. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control. 

[FR Doc. 2011–2178 Filed 1–31–11; 8:45 am] 

BILLING CODE 4810–AL–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 171 and 173 

[Docket No. PHMSA–2010–0017 (HM–245)] 

RIN 2137–AE56 

Hazardous Materials: Incorporation of 

Certain Cargo Tank Special Permits 

Into Regulations 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Final rule. 

SUMMARY: The Pipeline and Hazardous 

Materials Safety Administration is 

amending the Hazardous Materials 

Regulations by incorporating provisions 

contained in certain widely used or 

longstanding cargo tank special permits 

that are granted to multiple parties and 

have established safety records. Special 

permits allow a company or individual 

to package or ship a hazardous material 

in a manner that varies from the 

regulations provided an equivalent level 

of safety is maintained. The revisions 

are intended to provide wider access to 

the regulatory flexibility offered in the 

special permits and eliminate the need 

for numerous renewal requests, thereby 

facilitating commercial activity and 

reducing paperwork burdens while 

continuing to maintain an appropriate 

level of safety. 

DATES: Effective date: The effective date 

of this final rule is March 3, 2011. 


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5484 Federal Register / Vol. 76, No. 21 / Tuesday, February 1, 2011 / Rules and Regulations 

Incorporation by reference: The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register as of March 3, 2011. 

Voluntary Compliance date: 

Immediate voluntary compliance with 

the requirements of this final rule is 

authorized as of February 1, 2011. 

FOR FURTHER INFORMATION CONTACT: Joan 

McIntyre or Matthew Nickels, Standards 

and Rulemaking Division, (202) 366– 

8553, Pipeline and Hazardous Materials 

Safety Administration (PHMSA), or 

John Van Steenburg, Office of 

Enforcement and Compliance, (202) 

366–5125, Federal Motor Carrier Safety 

Administration (FMCSA), 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. 

SUPPLEMENTARY INFORMATION: 

Preamble Table of Contents 

I. Background 

II. List of Commenters, General Comments, 

and Beyond-the-Scope Comments 

III. Discussion of Amendments and 

Applicable Comments 

IV. Regulatory Analyses and Notices 

I. Background 

On July 21, 2010, PHMSA issued a 

notice of proposed rulemaking (NPRM; 

75 FR 42364) proposing to incorporate 

into the Hazardous Materials 

Regulations (HMR) provisions contained 

in six widely used and longstanding 

cargo tank special permits that are 

granted to multiple parties and have 

established safety records. We discussed 

how this action would reduce 

paperwork and compliance burdens, 

lower cost burdens on both industry and 

government by removing the need to 

apply for and renew special permits, 

and facilitate commerce while 

maintaining a level of safety equal to or 

greater than that of the current HMR 

requirements. We proposed to 

incorporate the provisions of six special 

permits into the HMR. We did not 

propose to materially change the special 

permits, nor did we seek comments for 

revising the special permits. (See 

Beyond-the-Scope discussion under ‘‘II. 

Comments to the NPRM.’’) 

The six special permits addressed in 

the NPRM were: 

• Special Permit (SP) 11209— 

Authorization to transport liquefied 

petroleum gas (LPG) in non-DOT 

specification cargo tank motor vehicles 

known as moveable fuel storage tenders 

that are used exclusively for agricultural 

purposes. 

• SP 13113—Authorization to 

transport Division 6.1 liquid soil 

pesticide fumigants in DOT 

specification MC 306 and DOT 406 

cargo tank motor vehicles and DOT 57 

portable tanks that are used exclusively 

for agricultural purposes. 

• SP 12284—Authorization to 

transport certain hazardous materials 

used for roadway striping in non-DOT 

specification cargo tanks. 

• SP 13341—Authorization for 

private motor carriers to transport LPG 

in consumer storage containers filled to 

greater than five percent of the 

container’s water capacity. 

• SP 10950—Authorization to 

transport nurse tanks securely mounted 

on field trucks. 

• SP 13554—Authorization for nurse 

tanks with missing or illegible ASME 

plates to continue to be used in 

anhydrous ammonia service under 

specified conditions. 

The decision to consider the 

incorporation of these special permits 

into the HMR is based on special 

permits issued by PHMSA under 49 

CFR part 107, subpart B (§§ 107.101 to 

107.127) and the length of time these 

special permits have been in use with 

demonstrated records of safety. A 

special permit sets forth alternative 

requirements to the HMR by means that 

achieve a level of safety equal to or 

greater than that required by regulation 

and that are consistent with the public 

interest. Congress expressly authorized 

DOT to issue these variances in the 

Hazardous Materials Transportation Act 

of 1975. 

As discussed in the NPRM, the HMR 

generally are performance-oriented 

regulations that provide the regulated 

community with a certain amount of 

flexibility in meeting safety 

requirements. However, not every 

transportation situation can be 

anticipated and included in the 

regulations. Innovation is one of the 

strengths of our economy and the 

hazardous materials community is 

particularly strong at developing new 

technologies and pioneering ways of 

moving materials. Special permits 

enable the hazardous materials industry 

to quickly, effectively, and safely 

integrate new products and technologies 

into the production and transportation 

stream, thereby providing a mechanism 

for testing new technologies, promoting 

increased transportation efficiency and 

productivity, and ensuring global 

competitiveness. 

PHMSA conducts ongoing reviews of 

special permits to identify widely used 

and longstanding special permits with 

established safety records for adoption 

into the HMR. Adoption of special 

permits as rules of general applicability 

provides wider access to the benefits 

and regulatory flexibility of the 

provisions granted in the special 

permits. Factors that influence whether 

a special permit is a candidate for 

regulatory incorporation include: the 

safety record of the special permit; the 

properties of the hazardous material; the 

transportation operations conducted 

under a special permit; the potential for 

broad application of a special permit; 

suitability of provisions in the special 

permit for incorporation into the HMR; 

rulemaking activity in related areas; and 

agency priorities. Special permits 

reduce the volume and complexity of 

the HMR by addressing unique or 

infrequent transportation situations that 

would be difficult to accommodate in 

regulations intended for use by a wide 

range of shippers and carriers. 

Converting special permits into 

regulations reduces paperwork burdens. 

Although PHMSA does not issue 

special permits to industry associations, 

PHMSA may issue a special permit to 

members of an industry association 

when many of its members have a 

common interest in obtaining authority 

to perform a specific transportation 

activity. Special permits issued to the 

members of associations are potentially 

among the most suitable types of special 

permits for later adoption into the HMR. 

Such special permits have broad 

applicability, and many of them have 

been in effect for a number of years and 

have proven safety records. 

II. List of Commenters, General 

Comments, and Beyond-the-Scope 

Comments 

PHMSA received 16 comments in 

response to the NPRM. Some of the 

commenters requested that we expedite 

the issuance of this final rule because of 

impending expiration dates for certain 

special permits. We recognize their 

concerns and have made every effort to 

finalize this rulemaking in an 

expeditious manner. While the majority 

of the commenters supported the 

proposals in the NPRM, some 

commenters had suggestions for 

additional revisions and one commenter 

questioned the safety of certain special 

permits. Comments that addressed the 

recommendation of additional revisions 

are beyond the scope of this rulemaking 

(see Beyond-the-Scope comments 

following the list of commenters). The 

comments, as submitted to this docket, 

may be accessed via http:// 

www.regulations.gov and were 

submitted by the following individuals, 

companies and associations: 

(1) Far West Agribusiness 

Association; PHMSA–2010–0017–0002. 

(2) Dusty Farm Co-Op; PHMSA–2010– 

0017–0003. 

(3) The Fertilizer Institute; PHMSA– 

2010–0017–0004. 


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(4) Trinity Containers, LLC; PHMSA– 

2010–0017–0005. 

(5) Lisa Anderson; PHMSA–2010– 

0017–0006. 

(6) North Central AG; PHMSA–2010– 

0017–0007. 

(7) James T. Osterhaus; PHMSA– 

2010–0017–0008. 

(8) National Propane Gas Association; 

PHMSA–2010–0017–0009. 

(9) American Trucking Associations, 

Inc.; PHMSA–2010–0017–0010. 

(10) American Welding and Tank, 

LLC; PHMSA–2010–0017–0011. 

(11) National Tank Truck Carriers, 

Inc.; PHMSA–2010–0017–0012. 

(12) Fisk Tank Carrier; PHMSA–2010– 

0017–0013. 

(13) National Fire Protection 

Association; PHMSA–2010–0017–0014 

and 0018. 

(14) Agricultural Retailers 

Association; PHMSA–2010–0017–0015. 

(15) CHS Inc.; PHMSA–2010–0017– 

0016. 

(16) CHS Agri Service Center; 

PHMSA–2010–0017–0017. 

Beyond-the-Scope Comments 

Comments that addressed the 

recommendation of additional revisions 

to those proposed in the NPRM are 

beyond the scope of this rulemaking 

and, therefore, cannot be addressed for 

incorporation into the HMR in this final 

rule. Such revisions must first be 

presented in an NPRM to provide 

opportunity for comment from industry 

and the public. While we agree that 

certain beyond-the-scope issues merit 

PHMSA’s consideration, we urge those 

commenters who submitted beyond-thescope issues to request a change in the 

regulations by filing the 

recommendations as petitions for 

rulemakings in accordance with 

§§ 106.95 and 106.100. 

Beyond-the-Scope comments to this 

rulemaking include the following: 

• The National Tank Truck Carriers 

(NTTC) had concerns about carrier-type 

status and limitations to nonagricultural operations, stating that all 

special permits should have these 

limitations removed. This rulemaking 

addresses incorporating special permits 

as currently written. 

• For SP 11209 and SP 13113, the 

American Trucking Association (ATA) 

contended that the special permits 

should not be limited to private motor 

carriers and agricultural operations, 

adding that PHMSA must provide 

evidence that for-hire carriers and nonagricultural activities are unsafe. As 

stated previously, this rulemaking 

addresses incorporating special permits 

as currently written. ATA is encouraged 

to further explain its arguments in favor 

of wider applicability of the provisions 

and submit a petition for rulemaking. 

• For SP 11209, the National Fire 

Protection Association (NFPA) 

questioned why the special permit 

requires that the cargo tanks be painted 

white, aluminum, or other light 

reflecting color, because it is not a 

requirement in NFPA 58 for propane 

storage tanks. This rulemaking 

addresses incorporating special permits 

as currently written. 

• For SP 11209, NTTC asked whether 

a carrier should follow the HMR 

requirements or the NFPA requirements 

in cases where the HMR adopts an 

NFPA requirement by citing it in the 

HMR regulatory text. NTTC states that 

in such cases, there are a number of 

places in NFPA pamphlets that conflict 

with requirements in the HMR. The 

commenter suggests that special permits 

should include a statement that cargo 

tanks must conform to a certain NFPA 

requirement unless that requirement 

conflicts with an HMR requirement. In 

its comment, NFPA provided the 

following example: ‘‘NFPA requires 

double bulkheads between 

compartments on cargo tanks hauling 

flammable liquids while Title 49 CFR 

does not.’’ While this may be an issue 

that requires further investigation, SP 

11209 authorizes the transport of 

liquefied petroleum gases, not 

flammable liquids. We are unaware of 

conflicts between NFPA Pamphlet 58 

and SP 11209 or any other incorporated 

by reference material, but we invite 

NTTC to identify any conflicts and 

present their issues in a petition for 

rulemaking. This rulemaking addresses 

incorporating special permits as 

currently written. 

• For SP 13113, the Agricultural 

Retailers Association (ARA) suggested 

that movements of liquid pesticide 

fumigants in MC 306, DOT 406, and 

DOT 57 containers should be authorized 

from distribution point to retail facility. 

The association stated that there is no 

safety difference between movements 

from distribution point to retail facility 

and movements from retail facility to 

farm. This rulemaking addresses 

incorporating special permits as 

currently written. 

• For SP 10950, the Far West 

Agribusiness Association, the Fertilizer 

Institute, and Dusty Farm Co-Op 

support the rulemaking, but recommend 

that we expand the current 50 air mile 

radius to a 100 air mile radius for 

consistency with the Federal Motor 

Carrier Safety Administration’s 

(FMCSA) regulations. This rulemaking 

addresses incorporating special permits 

as currently written. 

• For SP 13554, Trinity Containers 

requested that, for nurse tanks, a 

percentage of the actual material 

thickness or five percent be used for the 

head and shell minimum thickness 

allowance. ARA stated that when SP 

13554 was originally granted, the 

specifications of older nurse tanks were 

used to determine a minimum head and 

body thickness for a tank to pass the 

thickness test. The commenter stated 

that, currently, nurse tanks are built 

with a different diameter and grade of 

material, which allows the tanks to be 

built thinner than previously built, yet 

still conform to the ASME Code 

standards. The result is that many new 

nurse tanks do not meet the thickness 

thresholds in SP 13554 due to improved 

engineering. American Welding and 

Tank LLC stated that PHMSA should 

take into consideration the ASME Code 

thickness changes throughout the years 

applicable to one thickness for heads 

and one for shells. The commenter 

states that the head and shell minimum 

thickness allowance does not consider 

the tank diameter or the edition of the 

ASME Code in effect when the tanks 

were manufactured. American Welding 

requests that we incorporate an 

allowable reduction material thickness 

based on the actual thickness of the 

tank. This rulemaking addresses 

incorporating special permits as 

currently written. 

• Under its SP 13554 comments, ATA 

recommends that PHMSA incorporate 

standards that are available free of 

charge. No new standards were 

proposed to be incorporated into the 

HMR, nor adopted in this final rule. The 

free-of-charge comment is beyond the 

scope of this rulemaking. 

• Fisk Tank Carrier requested that we 

add the provisions of a seventh special 

permit, SP 14980, which authorizes the 

one-way transportation in commerce of 

liquefied petroleum gas (LPG) in certain 

non-DOT specification storage tanks by 

private carrier motor vehicle. 

• NFPA suggested that we 

incorporate by reference the 2011 

edition of the NFPA 58 that was 

published in September of 2010. If not 

possible due to time constraints, they 

recommend that we adopt the 2008 

edition. 

• NTTC objected to PHMSA 

incorporating by reference materials that 

are prepared by third party private 

entities when the material is not made 

publicly available to the regulated 

industry. 

• The Fertilizer Institute requested 

that we address a petition for 

rulemaking that they previously 

submitted and that requested PHMSA to 

require the testing of all nurse tanks 


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5486 Federal Register / Vol. 76, No. 21 / Tuesday, February 1, 2011 / Rules and Regulations 

regardless of illegible identification 

plates. The petition will be addressed in 

a separate future rulemaking. 

III. Discussion of Amendments and 

Applicable Comments 

The six special permits addressed in 

this final rule that authorize cargo tank 

transportation operations not 

specifically permitted under the HMR 

were initially issued to members of 

industry associations or similar 

organizations. They have wellestablished safety records and therefore 

PHMSA has determined that they are 

excellent candidates for incorporation 

into the HMR. Incorporating these 

special permits into the HMR will 

eliminate the need for over 10,000 

current grantees to reapply for the 

renewal of six special permits every four 

years and for PHMSA to process the 

renewal applications, thereby 

eliminating a significant paperwork 

burden both on industry and the 

government. 

A discussion of incorporating the 

provisions of six special permits into 

the HMR and their applicable comments 

follows below. As discussed earlier in 

this preamble, most of the commenters 

are supportive of this rulemaking. Those 

comments that are within the scope of 

this rulemaking are discussed below. 

The Fertilizer Institute pointed out 

that in the NPRM’s preamble, we 

reversed the paragraph numbers in the 

preamble from the regulatory text for 

§ 173.315(m)(2) and (m)(3). The NPRM’s 

preamble error is noted. The regulatory 

text was correct in the proposed 

regulatory text, and the preamble 

discussion in this final rule reflects the 

correction of the printing error. 

Lisa Anderson is opposed to 

incorporating some of the proposed 

special permits because she contends 

that they do not provide an equivalent 

level of safety as cargo tanks tested 

under the current requirements in Part 

180 of the HMR. As discussed in the 

preambles of the NPRM and this final 

rule, we chose the six permits addressed 

in this rulemaking precisely because of 

their demonstrated safety records. 

Although the comment is duly noted, 

we do suggest that the commenter 

submit a petition for rulemaking. 

A. Moveable Fuel Storage Tenders 

SP 11209 authorizes the 

transportation of LPG in non-DOT 

specification cargo tank motor vehicles, 

commonly known as moveable fuel 

storage tenders, used exclusively for 

agricultural purposes. Moveable fuel 

storage tenders are used to supply LPG 

fuel to farmers for crop drying, crop 

irrigation, flame weeding, plant 

defoliation prior to harvest, and other 

agricultural operations. 

This special permit has been in effect 

since 1994 and has been utilized by over 

3,400 grantees. A review of the 

Hazardous Materials Incident Data 

library did not reveal any incidents 

related to this special permit over the 

past ten years. Each vehicle operated 

under this special permit conforms to 

the ASME Code in effect at the time of 

its manufacture. Provisions governing 

the design and use of these vehicles are 

included in NFPA 58, Liquefied 

Petroleum Gas Code. 

Mr. James T. Osterhaus, NPGA, CHS 

Inc., and CHS Agri Service Center, 

submitted the following comments (see 

their full comments at http:// 

www.regulations.gov). James Osterhaus 

took issue with the following sentence 

from the preamble text of the NPRM: ‘‘In 

addition, transportation of a moveable 

fuel storage tender to an LPG 

distribution facility for re-filling would 

be permitted only if it contains no more 

than five percent of its water capacity.’’ 

Mr. Osterhaus is correct that this 

sentence could be misleading because 

moveable fuel storage tenders are not 

permitted to be ‘‘refilled’’ at any location 

except the point of use. However, we 

believe that proposed § 173.5(d)(9), 

taken from the special permit, is clear: 

‘‘Transportation of the movable fuel 

storage tender between its point of use 

and a liquefied petroleum gas 

distribution facility is authorized only if 

the cargo tank contains no more than 

five percent of its water capacity.’’ Mr. 

Osterhaus suggests that we add the 

following language for clarity, ‘‘A 

movable fuel storage tender may only be 

filled at the consumer’s premises or 

point of use. Transportation of a 

moveable fuel storage tender containing 

more than five percent of its water 

capacity from a liquefied distribution 

facility to a consumer’s premises or 

point of use is prohibited.’’ We agree 

that the first sentence of Mr. Osterhaus’ 

suggestion would ensure clarity, and we 

have added it to § 173.5(d)(9). We 

believe the addition of the second 

sentence would be redundant. 

The National Fire Protection 

Association (NFPA) recommends that 

we revise ‘‘NFPA Pamphlet 58’’ to read 

more correctly as ‘‘NFPA 58, Liquefied 

Petroleum Gas Code.’’ We agree and 

have made the correction each place it 

appears in this rulemaking (§§ 173.5 and 

173.315 for SP 11209 and SP 13554, 

respectively). NFPA also recommends 

that we incorporate a more current 

edition of this Code into the HMR (see 

Beyond-the-Scope comments in Section 

II of this preamble). 

Additionally, NFPA suggests that we 

revise the regulatory text for 

incorporating SP 11209 into § 173.5 by 

removing paragraphs (d)(1), (d)(2), (d)(3) 

and (d)(6) because the paragraphs 

duplicate the requirements in NFPA 58, 

Liquefied Petroleum Gas Code. We 

disagree with NFPA. We believe that 

deleting these paragraphs from the HMR 

is unnecessary and that the inclusion of 

the paragraphs provides a user-friendly 

aspect to this section. We are, therefore, 

leaving the paragraphs in place. 

This final rule incorporates the terms 

of SP 11209 into the HMR as proposed 

in the NPRM with the exception of the 

addition of the following sentence to 

§ 173.5(d)(9) for clarification: ‘‘A 

movable fuel storage tender may only be 

filled at the consumer’s premises or 

point of use.’’ PHMSA is amending 

§ 173.5 to authorize the transportation of 

LPG in moveable fuel storage tenders 

used exclusively for agricultural 

purposes and operated by a private 

motor carrier. (A ‘‘private motor carrier,’’ 

as defined in interpretation letters 

issued by PHMSA, is a carrier who 

transports the business’s own products 

and does not provide such 

transportation service to other 

businesses). As proposed in the NPRM, 

a non-DOT specification cargo tank 

motor vehicle used as a moveable fuel 

storage tender must: (1) Have a 

minimum design pressure of 250 psig; 

(2) conform to the requirements of the 

ASME Code in effect at the time the 

cargo tank was manufactured and 

marked accordingly; (3) have a water 

capacity of 1,200 gallons or less; (4) 

conform to applicable requirements in 

NFPA 58, Liquefied Petroleum Gas 

Code; and (5) be mounted securely on 

a motor vehicle. In addition, the cargo 

tank must be filled as prescribed in 

§ 173.315(b). When filled, transportation 

of a moveable fuel storage tender would 

be limited to movements over local 

roads between fields using the shortest 

practical distance. In addition, 

transportation of a moveable storage fuel 

tender to a moveable fuel storage tender 

facility would be permitted only if it 

contains no more than five percent of its 

water capacity. 

B. Liquid Soil Pesticide Fumigants 

SP 13113 authorizes the 

transportation of Division 6.1 liquid soil 

pesticide fumigants in MC 306 and DOT 

406 cargo tank motor vehicles and DOT 

57 portable tanks used exclusively for 

agricultural purposes. Liquid soil 

pesticide fumigants are used by farmers 

as an alternative to the agricultural use 

of methyl bromide to ensure the 

adequate protection of crops from pest 

infestation and to preserve agricultural 


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productivity. Transportation of these 

materials is limited to private motor 

carriage and must be between a bulk 

loading facility and farms (including 

between farms) not exceeding 150 miles 

from one another. 

This special permit has been in effect 

since 2002 and has been utilized by 

hundreds of grantees. A review of the 

Hazardous Materials Incident Data 

library did not reveal any incidents 

related to this special permit since the 

date of its issuance. Prior to 2002, when 

this material was classed as 

Dichloropropenes, 6.1, UN2047, PG III, 

it was routinely shipped, in accordance 

with § 173.242, in MC 306 and DOT 406 

cargo tanks and DOT 57 portable tanks. 

The same tanks have been widely used 

to transport gasoline, a low flashpoint 

PG II liquid. The pressure relief systems 

and bottom discharge equipment on the 

cargo tanks offer equivalent safety in 

terms of containment and operation of 

pressure relief systems. Also, stainless 

steel DOT 57 portable tanks provide 

comparable containment to metal, rigid 

plastic, and composite Intermediate 

Bulk Containers (IBCs), which are 

authorized for transport of Division 6.1 

liquid soil pesticide fumigants under 

§ 173.202. 

PHMSA is incorporating the terms of 

SP 13113 into the HMR by amending 

§ 173.5. MC 306 and DOT 406 cargo 

tank motor vehicles used for the 

transportation of these fumigants must: 

(1) meet qualification and maintenance 

requirements (including periodic testing 

and inspection) in accordance with 

Subpart E of Part 180; and (2) conform 

to the pressure relief system 

requirements specified in 

§ 173.243(b)(1). In addition, MC 306 

cargo tank motor vehicles must be 

equipped with stop-valves capable of 

being remotely closed by manual and 

mechanical means; and DOT 406 cargo 

tanks must conform to the bottom outlet 

requirements specified in 

§ 173.243(b)(2). DOT 57 portable tanks 

used to transport Division 6.1 liquid soil 

pesticide fumigants must be constructed 

of stainless steel. 

C. Non-DOT Specification Cargo Tanks 

Used for Roadway Striping 

SP 12284 authorizes the 

transportation in commerce of certain 

hazardous materials used for roadway 

striping in non-DOT specification cargo 

tanks. These non-DOT specification 

cargo tanks are used for the low hazard 

job of applying roadway striping to 

paved roads throughout the United 

States. 

This special permit has been in effect 

since 1999 and has been utilized by over 

100 grantees. A review of the Hazardous 

Materials Incident Data library did not 

reveal any incidents related to this 

special permit since the date of its 

issuance. Based on this safety record, 

PHMSA is incorporating the provisions 

of SP 12284 into the HMR by adding a 

new paragraph (c) to § 173.5a to 

authorize the transportation of certain 

hazardous materials used for roadway 

striping in non-DOT specification cargo 

tanks provided the conditions specified 

in the new paragraph are met. The new 

paragraph (c) specifies conditions that 

include packaging specifications, 

inspection and testing requirements, 

requirements for maintaining records, 

and operational controls. Consistent 

with the special permit, paragraph (c) 

includes certain/special marking 

requirements that are in addition to the 

applicable marking and placarding 

requirements in subparts D and F. The 

section title heading is also revised to 

reflect the addition of non-DOT 

specification cargo tanks used for 

roadway striping into this section. 

Finally, § 173.242(b) is revised to 

include the authorization to use nonDOT specification cargo tanks used for 

roadway striping. 

D. LPG Storage Containers 

SP 13341 authorizes the 

transportation by private motor carrier 

of LPG in consumer storage containers 

in quantities greater than five percent of 

the container’s water capacity. The 

storage containers designated in the 

special permit are designed for 

permanent installation on consumer 

premises. The special permit authorizes 

one-way transportation only, from the 

consumer location to the container 

owner’s nearest LPG plant. 

This special permit has been in effect 

since 2004 and has been utilized by 

several thousand grantees. A review of 

the Hazardous Materials Incident Data 

library did not reveal any incidents 

related to this special permit since the 

date of its issuance. Prior to 1998, 

consumer storage containers filled with 

LPG to greater than five percent water 

capacity were routinely transported 

without any known incidents. The 

prohibition of transporting containers 

filled to more than five percent water 

capacity resulted from concern of the 

potential for confusion between ASME 

and DOT tanks, as ASME tanks are not 

designed to be lifted by the lugs with 

product inside. This final rule requires 

lifting with slings, not by the lugs. Also, 

transporting a tank with some product 

is sometimes preferable from a safety 

standpoint than removing LPG from a 

tank at a residence. NPGA, CHS Inc., 

and CHS Agri Service Center offered 

additional safety and efficiency 

information concerning this special 

permit in their comments (see their 

comments at http:// 

www.regulations.gov). 

PHMSA is incorporating the terms of 

SP 13341 into the HMR by revising 

§ 173.315(j) to authorize the 

transportation of LPG in consumer 

storage containers in quantities greater 

than five percent of the container’s 

water capacity. The storage container 

must have a water capacity not 

exceeding 500 gallons and be ASME ‘‘U’’ 

stamped to indicate that it was designed 

and constructed in accordance with 

ASME Code requirements. In addition, 

the container must be inspected for 

leaks, corroded or abraded areas, dents, 

weld distortions, or any other 

conditions that could make the 

container unsafe for transportation. 

PHMSA is also requiring that: (1) Only 

one storage container be transported at 

one time on a motor vehicle; (2) the 

storage container be lifted by slings, not 

by lifting lugs; and (3) the storage 

container be loaded and secured on the 

motor vehicle so that the container is 

well-secured against movement and 

completely within the envelope of the 

vehicle. Finally, transportation is 

limited to one-way movement from the 

consumer’s premises to the container 

owner’s nearest facility. 

E. Nurse Tanks 

Nurse tanks are non-DOT 

specification cargo tanks used to 

transport and apply anhydrous 

ammonia fertilizers. The HMR authorize 

the use of nurse tanks operated by 

private motor carriers exclusively for 

agricultural purposes provided that the 

nurse tank: (1) Has a minimum design 

pressure of 250 psig and meets the 

requirements of Section VIII of the 

ASME code in effect at the time the 

nurse tank was manufactured; (2) is 

equipped with pressure relief valves; 

(3) has a capacity of 3,000 gallons or 

less; (4) is loaded to a filling density no 

greater than 56 percent; and (5) is 

securely mounted on a farm wagon. 

Because they are non-DOT specification 

containers, nurse tanks that are not 

operating under a special permit are not 

subject to periodic inspection, testing, 

or requalification requirements. 

Nurse tanks mounted on field trucks. 

SP 10950 authorizes the use of a nurse 

tank securely mounted on a field truck. 

Field trucks are specifically designed 

and equipped to improve safety and 

efficiency by being more maneuverable 

and more stable than a farm wagon 

when moving over hilly terrain. A 

definition for field trucks is specified in 

§ 173.315 as new paragraph (m)(3)(iv). 

These trucks are operated in remote 


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rural areas in eastern Washington, 

Oregon, and northern Idaho within a 

short distance of the fertilizer 

distribution point. The special permit 

has been in effect since 1993 and has 

been utilized by over one hundred 

grantees. A review of the Hazardous 

Materials Incident Data library did not 

reveal any incidents related to this 

special permit since the date of its 

issuance. Tanks operated under this 

special permit are subject to the 

periodic testing requirements under 

Subpart E of Part 180. 

The American Trucking Associations 

(ATA) supports the incorporation of the 

provisions in SP 10950 into the HMR. 

However, the organization requests that 

registration be a requirement, stating 

that PHMSA would lose the ability to 

track transporters of anhydrous 

ammonia and other hazardous materials 

without such a requirement, thereby 

losing its ability to quantify safety 

performance, collect data, initiate 

investigations and pursue enforcement 

actions. We believe ATA misread SP 

10590 as excepting the permit holder 

from registration requirements. This is 

not the case. The special permit 

specifically states in Item 11, third 

bullet, that the permit holders must 

comply with the registration 

requirements. 

For SP 10950 provisions, ATA also 

requested that we incorporate an 

exception from the security plan 

requirements ‘‘similar to the exemption 

afforded to users of anhydrous ammonia 

nurse tanks.’’ If ATA is referring to SP 

13554, Item 11, second bullet, that 

provision specifically requires 

conformance to the security plan 

requirements. Users of SP 13554 were 

not excepted from security 

requirements, and as stated earlier in 

this preamble, we are not deviating from 

the current special permit provisions in 

this rulemaking. Therefore, the security 

plan requirements in Subpart I of Part 

172 will remain applicable to nurse 

tanks mounted on field trucks. PHMSA 

is incorporating the provisions of SP 

10950 into the HMR by adding a new 

paragraph (m)(3) to § 173.315. 

Nurse tanks with missing or illegible 

ASME plates. As indicated above, nurse 

tanks must be manufactured in 

accordance with the applicable ASME 

Code requirements in effect at the time 

of manufacture. The ASME Code 

requires tanks built to its specifications 

to have an attached plate that lists the 

manufacturer, maximum allowable 

working pressure, minimum design 

metal temperature, and the year of 

manufacture. A number of nurse tanks 

are missing the required ASME plates or 

have illegible ASME plates. SP 13554 

permits the continued use in anhydrous 

ammonia service of nurse tanks with 

missing or illegible ASME plates 

provided the tanks are inspected and 

tested. Specifically, the tanks must 

undergo an external visual inspection 

and testing using the procedures 

specified in § 180.407(d), a thickness 

test using the procedures specified in 

§ 180.407(i), and a pressure test using 

the procedures specified in § 180.407(g). 

The special permit also establishes 

minimum head and shell thickness, and 

nurse tanks not meeting those levels 

must be removed from service. Nurse 

tanks that pass the above-described tests 

must be marked with a unique owner’s 

identification number and must pass the 

same tests at least every five years to 

remain in service. 

We received a comment from ATA 

under SP 13554 which stated concern 

‘‘over PHMSA’s incorporation of 

industry consensus standards into the 

HMR where such standards are 

developed without the benefit of formal 

rulemaking and where such standards 

are not provided to the public free of 

charge. This pay-to-play system of 

developing regulatory standards raises 

questions under the Administrative 

Procedures Act (5 U.S.C. 500 et seq.), 

which requires agencies to provide 

interested persons with notice and an 

opportunity to participate in the 

rulemaking process.’’ The commenter 

continued, ‘‘To cure this defect, PHMSA 

should first publish the industry 

standard in the Federal Register and 

solicit comments on it prior to its 

incorporation in the HMR.’’ PHMSA is 

not adopting any new standards in this 

final rule, as the Section VIII of the 

ASME Code was previously 

incorporated by reference into the HMR. 

This special permit has been in effect 

since 2004 and has been utilized by 

thousands of grantees. A review of the 

Hazardous Materials Incident Data 

library did not reveal any incidents 

related to this special permit since the 

date of its issuance. Although 49 CFR 

173.315(m) requires that a nurse tank 

‘‘meet the requirements of the edition of 

Section VIII of the ASME Code in effect 

at the time it was manufactured and is 

marked accordingly,’’ if the plate is 

missing or illegible the nurse tank 

cannot be used. Therefore, these 

additional requirements that nurse tanks 

operating under the special permit must 

follow (i.e., the thickness testing, the 

pressure testing, and the external visual 

inspection), provide information about 

condition of the tank to ensure for the 

safe continued use of these tanks. 

In this final rule, PHMSA is 

incorporating the terms of SP 13554 into 

the HMR by adding a new paragraph 

(m)(2) in § 173.315. Existing nurse tanks 

with missing or illegible ASME plates 

that successfully pass the required 

inspections and tests and are marked 

with a unique identifier are authorized 

to remain in service. 

In Summary 

Based on the above discussion, this 

final rule amends the HMR by 

incorporating the provisions contained 

in six widely used and longstanding 

cargo tank special permits that, in 

summary, will provide the following: 

• Authorization to transport liquefied 

petroleum gas (LPG) in non-DOT 

specification cargo tank motor vehicles 

known as moveable fuel storage tenders 

that are used exclusively for agricultural 

purposes (SP 11209). 

• Authorization to transport Division 

6.1 liquid soil pesticide fumigants in 

DOT Specification MC 306 and DOT 

406 cargo tank motor vehicles and DOT 

57 portable tanks, used exclusively for 

agricultural purposes (SP 13113). 

• Authorization to transport certain 

hazardous materials used for roadway 

striping in non-DOT specification cargo 

tanks (SP 12884). 

• Authorization for private motor 

carriers to transport LPG in consumer 

storage containers in quantities greater 

than five percent of the container’s 

water capacity (SP 13341). 

• Authorization to transport nurse 

tanks securely mounted on field trucks 

(SP 10950). 

• Authorization for nurse tanks with 

missing or illegible ASME plates to 

continue to be used in anhydrous 

ammonia service under specified 

conditions (SP 13554). 

Additionally, in § 171.7, we are 

revising the entry, American Society of 

Mechanical Engineers (ASME) and the 

National Fire Protection Association 

(NFPA) to reflect the addition of the 

incorporated by reference materials to 

the applicable adopted regulatory text. 

In § 173.23, we are redesignating 

current paragraph (h) as new paragraph 

(i) and adding a provision to new 

paragraph (h) that authorizes packagings 

permanently marked with a special 

permit number for which the provisions 

of the special permit were incorporated 

into the HMR to continue to be used for 

the life of the packagings without 

removing or obliterating the special 

permit markings. This provision will 

serve to avoid imposing the burden of 

requiring the removal from service of 

such packagings while the markings are 

removed or obliterated. 

Finally, in § 173.242, we are revising 

paragraph (b) to reflect the authorization 

of non-DOT specification cargo tanks 

used for roadway striping. 


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IV. Rulemaking Analyses and Notices 

A. Statutory/Legal Authority for This 

Rulemaking 

This final rule is published under the 

authority of 49 U.S.C. 5103(b), which 

authorizes the Secretary to prescribe 

regulations for the safe transportation, 

including security, of hazardous 

material in intrastate, interstate, and 

foreign commerce. 49 U.S.C. 5117(a) 

authorizes the Secretary of 

Transportation to issue special permits, 

which exempt a person transporting a 

hazardous material, or a person causing 

a hazardous material to be transported, 

from a regulation promulgated under 49 

U.S.C. 5103(b), 5104, 5110, or 5112 of 

the Federal Hazardous Materials 

Transportation Law. The conditions or 

‘‘safety control measures’’ of each special 

permit must ensure that the action 

performed pursuant to the special 

permit achieves a safety level at least 

equal to the safety level required under 

the law, or consistent with the public 

interest, if a required safety level does 

not exist. This final rule will amend the 

regulations by incorporating provisions 

from certain widely used and 

longstanding special permits that have 

established a history of safety. 

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This final rule is not considered a 

significant regulatory action under 

section 3(f) and was therefore not 

reviewed by the Office of Management 

and Budget (OMB). The rulemaking is 

not considered a significant rule under 

the Regulatory Policies and Procedures 

order issued by the Department of 

Transportation (44 FR 11034). 

In this final rule, PHMSA is amending 

the HMR by incorporating alternatives 

this agency has permitted under widely 

used and longstanding special permits 

with established safety records that we 

have determined meet the safety criteria 

for inclusion in the HMR. Incorporation 

of these special permits into regulations 

of general applicability will provide 

shippers and carriers with additional 

flexibility to comply with established 

safety requirements, thereby reducing 

transportation costs and increasing 

productivity. In addition, the provisions 

in this NPRM will reduce the paperwork 

burden on industry and this agency 

caused by continued renewals of special 

permits. The provisions of this final rule 

will promote the continued safe 

transportation of hazardous materials 

while reducing transportation costs for 

the industry and administrative costs for 

the agency. 

C. Executive Order 13132 

This final rule was analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). This final rule 

will 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 governments. Therefore, the 

consultation and funding requirements 

of Executive Order 13132 do not apply. 

Federal hazardous material 

transportation law, 49 U.S.C. 5101– 

5128, contains an express preemption 

provision (49 U.S.C 5125(b)) preempting 

state, local and Indian tribe 

requirements on certain covered 

subjects. Covered subjects are: 

(1) The designation, description, and 

classification of hazardous materials; 

(2) The packing, repacking, handling, 

labeling marking, and placarding of 

hazardous materials; 

(3) The preparation, execution, and 

use of shipping documents related to 

hazardous materials and requirements 

related to the number, contents, and 

placement of those documents; 

(4) The written notification, 

recording, and reporting of the 

unintentional release in transportation 

of hazardous materials; and 

(5) The design, manufacture, 

fabrication, marking, maintenance, 

reconditioning, repair, or testing of a 

packaging or container represented, 

marked, certified, or sold as qualified 

for use in transporting hazardous 

materials. 

This final rule addresses covered 

subject items (2), (3), and (5) and would 

preempt any State, local, or Indian tribe 

requirements not meeting the 

‘‘substantively the same’’ standard. 

Federal hazardous materials 

transportation law provides at 49 U.S.C. 

§ 5125(b)(2) that, if PHMSA issues a 

regulation concerning any of the 

covered subjects, PHMSA must 

determine and publish in the Federal 

Register the effective date of Federal 

preemption. The effective date may not 

be earlier than the 90th day following 

the date of issuance of the final rule and 

not later than two years after the date of 

issuance. The effective date of Federal 

preemption is 90 days after the 

publication of this final rule in the 

Federal Register. 

D. Executive Order 13175 

This final rule was analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because 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. 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires an agency to 

review regulations to assess their impact 

on small entities. An agency must 

conduct a regulatory flexibility analysis 

unless it determines and certifies that a 

rule is not expected to have a significant 

impact on a substantial number of small 

entities. This final rule incorporates into 

the HMR certain widely used special 

permits. Incorporation of these special 

permits into regulations of general 

applicability will provide shippers and 

carriers with additional flexibility to 

comply with established safety 

requirements, thereby reducing 

transportation costs and increasing 

productivity. Therefore, I certify this 

rulemaking 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’’) and DOT’s 

procedures and policies to promote 

compliance with the Regulatory 

Flexibility Act to ensure that potential 

impacts of rules on small entities are 

properly considered. 

F. Paperwork Reduction Act 

This final rule does not impose new 

information collection requirements. 

PHMSA has an approved information 

collection under OMB Control Number 

2137–0051, ‘‘Rulemaking, Special 

Permits, and Preemption Requirements,’’ 

currently being reviewed for renewal by 

OMB. This final rule may result in a 

decrease in the annual burden and costs 

under OMB Control Number 2137–0051 

due to the revisions to incorporate 

provisions contained in certain widely 

used or longstanding special permits 

that have established safety records. 

Under the Paperwork Reduction Act 

of 1995, no person is required to 

respond to an information collection 

unless it has been approved by OMB 

and displays a valid OMB control 

number. Section 1320.8(d), Title 5, Code 

of Federal Regulations requires that 

PHMSA provide interested members of 

the public and affected agencies an 


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opportunity to comment on information 

and recordkeeping requests. 

PHMSA has developed burden 

estimates to reflect changes in this final 

rule. PHMSA estimates that the 

information collection and 

recordkeeping burden in this final rule 

would be decreased as follows: 

OMB Control No. 2137–0051: 

Decrease in Annual Number of 

Respondents: 185. 

Decrease in Annual Responses: 185. 

Decrease in Annual Burden Hours: 

185. 

Decrease in Annual Burden Costs: 

$7,400. 

Requests for a copy of this 

information collection should be 

directed to Deborah Boothe or T. Glenn 

Foster, Standards and Rulemaking 

Division, Pipeline and Hazardous 

Materials Safety Administration, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001, Telephone (202) 366– 

8553. 

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 

year. The RIN contained in the heading 

of this document may be used to crossreference this action with the Unified 

Agenda. 

H. Unfunded Mandates Reform Act of 

1995 

This final rule does not impose 

unfunded mandates under the 

Unfunded Mandates Reform Act of 

1995. It does not result in costs of 

$141.3 million or more to either state, 

local or tribal governments, in the 

aggregate, or to the private sector, and 

is the least burdensome alternative that 

achieves the objective of the rule. 

I. Environmental Assessment 

The National Environmental Policy 

Act of 1969 (NEPA), as amended (42 

U.S.C. 4321–4347), requires Federal 

agencies to consider the consequences 

of major Federal actions and prepare a 

detailed statement on actions that 

significantly affect the quality of the 

human environment. 

The hazardous materials regulatory 

system is a risk management system that 

is prevention oriented and focused on 

identifying hazards and reducing the 

probability and quantity of a hazardous 

materials release. Hazardous materials 

are categorized by hazard analysis and 

experience into hazard classes and 

packing groups. The regulations require 

each shipper to classify a material in 

accordance with these hazard classes 

and packing groups; the process of 

classifying a hazardous material is itself 

a form of hazard analysis. Further, the 

regulations require the shipper to 

communicate the material’s hazards by 

identifying the hazard class, packing 

group, and proper shipping name on 

shipping papers and with labels on 

packages and placards on transport 

vehicles. Thus, the shipping paper, 

labels, and placards communicate the 

most significant findings of the 

shipper’s hazard analysis. Most 

hazardous materials are assigned to one 

of three packing groups based upon its 

degree of hazard, from a high hazard 

Packing Group I material to a low 

hazard Packing Group III material. The 

quality, damage resistance, and 

performance standards for the 

packagings authorized for the hazardous 

materials in each packing group are 

appropriate for the hazards of the 

material transported. 

Hazardous materials are transported 

by aircraft, vessel, rail, and highway. 

The potential for environmental damage 

or contamination exists when packages 

of hazardous materials are involved in 

transportation incidents. The need for 

hazardous materials to support essential 

services means transportation of highly 

hazardous materials is unavoidable. 

However, these shipments frequently 

move through densely populated or 

environmentally sensitive areas where 

the consequences of an incident could 

be loss of life, serious injury, or 

significant environmental damage. The 

ecosystems that could be affected by a 

hazardous materials release during 

transportation include atmospheric, 

aquatic, terrestrial, and vegetal 

resources (for example, wildlife 

habitats). The adverse environmental 

impacts associated with releases of most 

hazardous materials are short-term 

impacts that can be greatly reduced or 

eliminated through prompt clean-up of 

the incident scene. 

In this final rule, PHMSA is 

incorporating the terms of six special 

permits into the HMR. Several of the 

proposals in this NPRM involve the 

transportation of LPG. LPG is a Division 

2.1 (flammable gas) material that poses 

an explosive, fire, blast, or projection 

hazard. If released, LPG may cause eye 

or skin irritation and, if inhaled, it may 

irritate the respiratory tract. Moderate 

exposure may cause headache or 

dizziness. Elevated exposure may cause 

unconsciousness or respiratory arrest. 

Further, by diluting the oxygen 

concentration in air below the level 

necessary to support life, LPG can act as 

an asphyxiant. LPG is not known to 

cause long-term ecological damage. The 

provisions in this final rule are intended 

to ensure that LPG will be transported 

in a variety of applications with no 

release from its packaging and, thus, no 

adverse safety or environmental 

impacts. 

One of the provisions in this final rule 

involves Division 6.1 liquid soil 

pesticide fumigants. Soil fumigation is a 

chemical control strategy used 

independently or in conjunction with 

cultural and physical control methods 

to reduce populations of soil organisms. 

Soil fumigants can effectively control 

soil-borne organisms, such as 

nematodes, fungi, bacteria, insects, 

weed seeds, and weeds. Different 

fumigants have varying effects on the 

control of these pests. Some are pestspecific, while others are broad 

spectrum biocides that kill most soil 

organisms. Soil fumigants are used in 

agriculture, nurseries, ornamental 

beddings, forest systems, and other 

areas where soil-borne pests can harm 

or devastate desirable plants. Because of 

treatment costs, applicators use soil 

fumigants primarily on high value 

crops, such as vegetables, fruits, and 

ornamentals. Control of soil-borne pests 

increases plant aesthetics, plant quality 

and vigor, crop yields, and ultimately 

profitability. Soil fumigants are closely 

regulated by the Environmental 

Protection Agency to prevent adverse 

health impacts to agricultural workers 

or bystanders (people who live, work, or 

otherwise spend time near fields that 

are fumigated). This final rule will help 

to ensure that liquid soil pesticide 

fumigants are transported without 

incident on or between farms and the 

bulk loading facility. 

Several provisions in this final rule 

address the transportation of anhydrous 

ammonia. Anhydrous ammonia is a 

poisonous by inhalation (PIH) material. 

When anhydrous ammonia is released 

into water, it floats on the surface, 

rapidly dissolving into the water as 

ammonium hydroxide while 

simultaneously boiling into the 

atmosphere as gaseous ammonia. High 

concentrations of ammonia (greater than 

1700 parts per million (ppm)) in the 

atmosphere cause compulsive coughing 

and death, while lower concentrations 

(lower than 700 ppm) cause eye and 

throat irritation. Ammonia is lighter 

than air so that it dissipates in the 

atmosphere, the rate of dissipation 

depending on weather and wind 

conditions. 

In an aquatic or wetland environment, 

ammonium hydroxide would cause fish, 

planktonic, and benthic organism 

mortality in the vicinity of the release, 

the amount depending on the volume of 

anhydrous ammonia released. The 


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chemical would also strip protective 

oils from the feathers of shore birds, 

causing drowning or infection. Such 

die-offs could spur high nutrient levels 

that could stimulate noxious blooms of 

algae. Terrestrial vegetation would also 

be either damaged or killed, depending 

on atmospheric concentrations. 

The cleanup effort from a release of 

anhydrous ammonia would require the 

removal of soil containing anhydrous 

ammonia quickly to avoid 

contamination of the water table. 

Ammonia emissions would be released 

during the cleanup effort as 

contaminated soil is disturbed. 

The provisions in this final rule will 

require certain nurse tanks used to 

transport anhydrous ammonia to, from, 

and between farm fields to be inspected 

and tested periodically to identify 

problems that could result in a leak or 

release. 

There are no significant 

environmental impacts associated with 

the provisions in this final rule. In the 

NPRM, PHMSA specifically solicited 

comments on the potential 

environmental impacts of adopting the 

provisions of the six special permits, 

and none were received. The process 

through which special permits are 

issued requires the applicant to 

demonstrate that the alternative 

transportation method or packaging 

provides an equivalent level of safety as 

that provided in the HMR. Implicit in 

this process is that the special permit 

must provide an equivalent level of 

environmental protection as that 

provided in the HMR. Thus, 

incorporation of special permits as 

regulations of general applicability 

maintains the existing environmental 

protections built into the HMR. In 

addition, the provisions applicable to 

nurse tanks will enhance the integrity of 

those tanks, thereby reducing the 

possibility of an anhydrous ammonia 

release. 

J. Privacy Act 

Anyone is able to search the 

electronic form of all comments and 

written communications received into 

any of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, 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 19477–78), or at http:// 

www.regulations.gov. 

List of Subjects 

49 CFR Part 171 

Exports, Hazardous materials 

transportation, Hazardous waste, 

Imports, Incorporation by reference, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 173 

Hazardous materials transportation, 

Incorporation by reference, Packaging 

and containers, Radioactive materials, 

Reporting and recordkeeping 

requirements, Uranium. 

In consideration of the foregoing, 49 

CFR chapter I is amended as follows: 

PART 171—GENERAL INFORMATION, 

REGULATIONS, AND DEFINITIONS 

■ 1. The authority citation for part 171 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 49 

CFR 1.45 and 1.53; Pub. L. 101–410 section 

4 (28 U.S.C. 2461 note); Pub. L. 104–134 

section 31001. 

■ 2. In § 171.7, in the paragraph (a)(3) 

table, in the second column, ‘‘49 CFR 

reference,’’ under the entry, National 

Fire Protection Association, the entry 

‘‘NFPA 58—Liquefied Petroleum Gas 

Code, 2001 Edition’’ is amended by 

adding the section ‘‘173.5’’ in 

appropriate numerical order. 

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 1.45, 1.53. 

■ 4. In § 173.5, paragraphs (d), (e), and 

(f) are redesignated as paragraphs (f), (g) 

and (h) respectively, and new 

paragraphs (d) and (e) are added to read 

as follows: 

§ 173.5 Agricultural operations. 

* * * * * 

(d) Moveable fuel storage tenders. A 

non-DOT specification cargo tank motor 

vehicle may be used to transport 

Liquefied petroleum gas, UN1075, 

including Propane, UN1978, as 

moveable fuel storage tender used 

exclusively for agricultural purposes 

when operated by a private carrier 

under the following conditions: 

(1) The cargo tank must have a 

minimum design pressure of 250 psig. 

(2) The cargo tank must meet the 

requirements of the HMR in effect at the 

time of its manufacture and must be 

marked accordingly. For questions 

regarding these requirements, contact 

PHMSA by either: 

(i) Telephone (800) 467–4922 or (202) 

366–4488 (local); or 

(ii) By electronic mail (e-mail) to: 

infocntr@dot.gov. 

(3) The cargo tank must have a water 

capacity of 1,200 gallons or less. 

(4) The cargo tank must conform to 

applicable requirements in National Fire 

Protection Association (NFPA) 58, 

Liquefied Petroleum Gas Code (IBR, see 

§ 171.7 of this subchapter). 

(5) The cargo tank must be securely 

mounted on a motor vehicle. 

(6) The cargo tank must be filled in 

accordance with § 173.315(b) for 

liquefied petroleum gas. 

(7) The cargo tank must be painted 

white, aluminum, or other lightreflecting color. 

(8) Transportation of the filled 

moveable fuel storage tender is limited 

to movements over local roads between 

fields using the shortest practical 

distance. 

(9) Transportation of the moveable 

fuel storage tender between its point of 

use and a liquefied petroleum gas 

distribution facility is authorized only if 

the cargo tank contains no more than 

five percent of its water capacity. A 

movable fuel storage tender may only be 

filled at the consumer’s premises or 

point of use. 

(e) Liquid soil pesticide fumigants. 

MC 306 and DOT 406 cargo tank motor 

vehicles and DOT 57 portable tanks may 

be used to transport liquid soil pesticide 

fumigants, Pesticides, liquid, toxic, 

flammable, n.o.s., flash point not less 

than 23 degrees C, 6.1, UN2903, PG II, 

exclusively for agricultural operations 

by a private motor carrier between a 

bulk loading facility and a farm 

(including between farms). However, 

transportation is not to exceed 150 miles 

between the loading facility and the 

farm, and not more than five days are 

permitted for intermediate stops for 

temporary storage. Additionally, 

transport is permitted only under the 

following conditions: 

(1) Cargo tanks. MC 306 and DOT 406 

cargo tank motor vehicles must: 

(i) Meet qualification and 

maintenance requirements (including 

periodic testing and inspection) in 

accordance with Subpart E of Part 180 

of this subchapter; 

(ii) Conform to the pressure relief 

system requirements specified in 

§ 173.243(b)(1); 

(iii) For MC 306 cargo tanks, be 

equipped with stop-valves capable of 

being remotely closed by manual and 

mechanical means; and 

(iv) For DOT 406 cargo tanks, conform 

to the bottom outlet requirements 

specified in § 173.243(b)(2). 


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(2) Portable tanks. DOT 57 portable 

tanks must— 

(i) Be constructed of stainless steel; 

and 

(ii) Meet qualification and 

maintenance requirements of Subpart G 

of Part 180 of this subchapter. 

* * * * * 

■ 5. In § 173.5a, the section heading is 

revised and new paragraph (c) is added 

to read as follows: 

§ 173.5a Oilfield service vehicles, 

mechanical displacement meter provers, 

and roadway striping vehicles exceptions. 

* * * * * 

(c) Roadway striping. In addition to 

conformance with all other applicable 

requirements of this subchapter, nonDOT specification cargo tanks used for 

roadway striping are authorized 

provided all the following conditions in 

this paragraph (c) are met. 

(1) Authorized materials. Only the 

hazardous materials listed in the table 

below may be transported in roadway 

striping vehicles. Cargo tanks may not 

be filled to a capacity that would be 

greater than liquid full at 130 °F. 

HAZARDOUS MATERIALS DESCRIPTION

Proper shipping name Hazard class/ 

division 

Identification 

number 

Packing 

group 

Adhesives, containing a flammable liquid ................................................................................. 3 UN1133 II 

Paint including paint, lacquer, enamel, stain, shellac solution, varnish, polish, liquid filler, 

and liquid lacquer base.

3 UN1263 II 

Paint related material including paint thinning drying, removing, or reducing compound ........ 3 UN1263 II 

Flammable liquids, n.o.s. a ........................................................................................................ 3 UN1993 II 

Gasoline ..................................................................................................................................... 3 UN1203 II 

Acetone b ................................................................................................................................... 3 UN1090 II 

Dichloromethane b ..................................................................................................................... 6 .1 UN1593 III 

Ethyl methyl ketone or Methyl ethyl ketone b ............................................................................ 3 UN1193 II 

Ethyl acetate b ............................................................................................................................ 3 UN1173 II 

Methanol b .................................................................................................................................. 3 UN1230 II 

Organic peroxide type E, liquid (Dibenzoyl peroxide) c ............................................................. 5 .2 UN3107 II 

Petroleum distillates, n.o.s. or Petroleum products, n.o.s. b ..................................................... 3 UN1268 III 

1,1,1-Trichloroethane b .............................................................................................................. 6 .1 UN2831 III 

Toluene b .................................................................................................................................... 3 UN1294 II 

Xylenes b .................................................................................................................................... 3 UN1307 II, III 

Environmentally hazardous substance, liquid, n.o.s. c .............................................................. 9 UN3082 III 

Corrosive liquid, basic, organic, n.o.s. c .................................................................................... 8 UN3267 III 

Corrosive liquids, n.o.s.c ............................................................................................................ 8 UN1760 III 

Elevated temperature liquid, n.o.s., at or above 100 °C and below its flash point (including 

molten metals, molten salts, etc.) d.

9 UN3257 III 

a: Adhesive containing ethyl acetate. 

b: Solvent. 

c: Catalyst. 

d: Thermoplastic material non-hazardous at room temperature. 

(2) Cargo tank requirements. Each 

non-DOT specification cargo tank used 

for roadway striping must be securely 

bolted to a motor vehicle and must— 

(i) Be constructed and certified in 

conformance with the HMR in effect at 

the time of its manufacture and must be 

marked accordingly. For questions 

regarding these requirements, contact 

PHMSA by either: (1) Telephone (800) 

467–4922 or (202) 366–4488 (local); or 

(2) by electronic mail (e-mail) to: 

infocntr@dot.gov; 

(ii) Have a minimum design pressure 

of 100 psig; 

(iii) Have a maximum capacity of 500 

gallons; 

(iv) For solvents and organic 

peroxides, the cargo tank may not 

contain more than 50 gallons; 

(v) Be given an external visual 

inspection prior to each use to ensure 

that it has not been damaged on the 

previous trip; 

(vi) Be retested and reinspected in 

accordance with § 180.407(c) of this 

subchapter as specified for an MC 331 

cargo tank motor vehicle; and 

(vii) Be securely mounted to a motor 

vehicle in accordance with the 

securement provisions prescribed in 

§§ 393.100 through 393.106 of this title. 

(3) Test records. The owner or 

operator of the roadway striping vehicle 

must maintain hydrostatic test records 

in accordance with § 180.417(b) and 

must make those records available to 

any representative of the Department of 

Transportation upon request. 

(4) Marking. A non-DOT specification 

cargo tank used for roadway striping 

must be plainly marked on both sides 

near the middle in letters at least two 

inches in height on a contrasting 

background ‘‘ROADWAY STRIPING’’. 

(5) Operational controls. A non-DOT 

specification cargo tank used for 

roadway striping may not be 

pressurized when the motor vehicle is 

traveling to and from job sites. 

Additionally, the distance traveled by a 

non-DOT specification cargo tank used 

for roadway striping may not exceed 

750 miles. Thermoplastic resin may 

only be heated during roadway striping 

operations. 

■ 6. In § 173.23, paragraph (h) is 

redesignated as paragraph (i) and new 

paragraph (h) is added to read as 

follows: 

§ 173.23 Previously authorized packaging. 

* * * * * 

(h) A packaging that is permanently 

marked with a special permit number, 

‘‘DOT–SP’’ or ‘‘DOT–E,’’ for which the 

provisions of the special permit have 

been incorporated into this subchapter 

may continue to be used for the life of 

the packaging without obliterating or 

otherwise removing the special permit 

number. 

* * * * * 

■ 7. In § 173.242, the introductory text 

in paragraph (b) is revised to read as 

follows: 

§ 173.242 Bulk packagings for certain 

medium hazard liquids and solids, 

including solids with dual hazards. 

* * * * * 

(b) Cargo tanks: Specification MC 300, 

MC 301, MC 302, MC 303, MC 304, MC 

305, MC 306, MC 307, MC 310, MC 311, 


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Federal Register / Vol. 76, No. 21 / Tuesday, February 1, 2011 / Rules and Regulations 5493 

MC 312, MC 330, MC 331, DOT 406, 

DOT 407, and DOT 412 cargo tank 

motor vehicles; and non-DOT 

specification cargo tank motor vehicles 

when in compliance with § 173.5a(c). 

Cargo tanks used to transport Class 3, 

Packing Group I or II, or Packing Group 

III with a flash point of less than 38 °C 

(100 °F); Class 6, Packing Group I or II; 

and Class 8, Packing Group I or II 

materials must conform to the following 

special requirements: 

* * * * * 

■ 8. In § 173.315, paragraphs (j) and (m) 

are revised to read as follows: 

§ 173.315 Compressed gases in cargo 

tanks and portable tanks. 

* * * * * 

(j) Consumer storage containers. (1) 

Storage containers for liquefied 

petroleum gas or propane charged to 

five percent of their capacity or less and 

intended for permanent installation on 

consumer premises may be shipped by 

private motor carrier under the 

following conditions: 

(i) Each container must be constructed 

in compliance with the requirements in 

Section VIII of the ASME Code (IBR, see 

§ 171.7 of this subchapter) and must be 

marked to indicate compliance in the 

manner specified by the respective 

Code. Containers built in compliance 

with earlier editions starting with 1943 

are authorized. 

(ii) Each container must be equipped 

with safety devices in compliance with 

the requirements for safety devices on 

containers as specified in NFPA 58, 

Liquefied Petroleum Gas Code (IBR, see 

§ 171.7 of this subchapter). 

(iii) The containers must be braced or 

otherwise secured on the vehicle to 

prevent relative motion while in transit. 

Valves or other fittings must be 

adequately protected against damage 

during transportation. (See § 177.834(a) 

of this subchapter). 

(2) Storage containers with a water 

capacity not exceeding 500 gallons 

charged with liquefied petroleum gas to 

more than five percent of their capacity 

and intended for permanent installation 

on consumer premises may be 

transported by private motor carrier 

one-way only from the consumer’s 

premises to the container owner’s 

nearest facility under the following 

conditions: 

(i) Each container must be constructed 

in compliance with the requirements in 

Section VIII of the ASME Code and 

must be marked to indicate compliance 

in the manner specified by the 

respective Code. 

(ii) Maximum permitted filling 

density may not exceed that specified in 

paragraph (b) of this section. 

(iii) Prior to loading on a motor 

vehicle, the container must be inspected 

by a trained and qualified person for 

leaks, corroded or abraded areas, dents, 

distortions, weld defects, or other 

condition that may render the container 

unsafe for transportation. A record of 

the inspection must be legibly signed 

and dated by the person performing the 

inspection and retained by the container 

owner for two years. The signature on 

the inspection record represents a 

certification that the container has been 

inspected and has no defects that would 

render it unsafe for transportation under 

the HMR. The record of inspection must 

include the date of inspection, the 

inspector’s contact information (such as 

a telephone number), the container’s 

serial number and container size (water 

capacity), estimated amount of 

hazardous material, and the origin and 

destination of shipment. 

(iv) Only one storage container may 

be transported on a motor vehicle. 

(v) For loading on a motor vehicle, the 

container must be lifted by slings, 

which must be completely wrapped 

around the container. Lifting lugs may 

not be used. The slings must be rated to 

a weight sufficient to accommodate the 

container and its lading and shall 

comply with ASME B30.9 on slings 

used for lifting purposes, and must be 

visually inspected prior to each use. A 

sling showing evidence of tears, fraying, 

or other signs of excessive wear may not 

be used. 

(vi) The storage container must be 

secured on a motor vehicle so that the 

container is completely within the 

envelope of the vehicle and does not 

extend beyond the vehicle frame. 

(vii) The storage container must be 

placed on the vehicle in a manner, such 

as in a cradle, which ensures that no 

weight is placed on the supporting legs 

during transportation. 

(viii) The storage container must be 

secured against movement during 

transportation. Bracing must conform 

with the requirements of paragraph 

(j)(1)(iii) of this section and § 177.834(a) 

of this subchapter and with Section 6– 

5.2 of NFPA 58, Liquefied Petroleum 

Gas Code. Straps or chains used as tiedowns must be rated to exceed the 

maximum load to be transported and 

conform to the requirements in 

§§ 393.100 through 393.106 of this title. 

(ix) Tow trailers used to transport 

storage containers in accordance with 

this paragraph (j)(2) must provide rear 

end protection that conforms to 

requirements in § 393.86 of this title. 

(3) Storage containers of less than 

1,042 pounds water capacity (125 

gallons) may be shipped when charged 

with liquefied petroleum gas in 

compliance with DOT filling density. 

* * * * * 

(m) General. (1) A cargo tank that is 

commonly known as a nurse tank and 

considered an implement of husbandry 

transporting anhydrous ammonia and 

operated by a private motor carrier 

exclusively for agricultural purposes is 

excepted from the specification 

requirements of part 178 of this 

subchapter if it: 

(i) Has a minimum design pressure of 

250 psig, meets the requirements of the 

edition of Section VIII of the ASME 

Code in effect at the time it was 

manufactured, and is marked with a 

valid ASME plate. 

(ii) Is equipped with pressure relief 

valves meeting the requirements of CGA 

Standard S–1.2 (IBR, see § 171.7 of this 

subchapter); 

(iii) Is painted white or aluminum; 

(iv) Has a capacity of 3,000 gallons or 

less; 

(v) Is loaded to a filling density no 

greater than 56 percent; 

(vi) Is securely mounted on a farm 

wagon or meets paragraph (m)(3) of this 

section; and 

(vii) Is in conformance with the 

requirements of part 172 of this 

subchapter except that shipping papers 

are not required; and it need not be 

marked or placarded on one end if that 

end contains valves, fittings, regulators 

or gauges when those appurtenances 

prevent the markings and placard from 

being properly placed and visible. 

(2) Nurse tanks with missing or 

illegible ASME plates. Nurse tanks with 

missing or illegible ASME plates may 

continue to be operated provided they 

conform to the following requirements: 

(i) Each nurse tank must undergo an 

external visual inspection and testing in 

accordance with § 180.407(d) of this 

subchapter. 

(ii) Each nurse tank must be thickness 

tested in accordance with § 180.407(i) of 

this subchapter. A nurse tank with a 

capacity of less than 1,500 gallons must 

have a minimum head thickness of 

0.203 inch and a minimum shell 

thickness of 0.239 inch. A nurse tank 

with a capacity of 1,500 gallons or more 

must have a minimum thickness of 

0.250 inch. Any nurse tank with a 

thickness test reading of less than that 

specified in this paragraph at any point 

must be removed from hazardous 

materials service. 

(iii) Each nurse tank must be pressure 

tested in accordance with § 180.407(g) 

of this subchapter. The minimum test 

pressure is 375 psig. Pneumatic testing 

is not authorized. 

(iv) Each nurse tank must be 

inspected and tested by a person 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
5494 Federal Register / Vol. 76, No. 21 / Tuesday, February 1, 2011 / Rules and Regulations 

meeting the requirements of 

§ 180.409(d) of this subchapter. 

Furthermore, each nurse tank must have 

the tests performed at least once every 

five years after the completion of the 

initial tests. 

(v) After each nurse tank has 

successfully passed the visual, 

thickness, and pressure tests, welded 

repairs on the tank are prohibited. 

(vi) After the nurse tank has 

successfully passed the visual, 

thickness, and pressure tests, it must be 

marked in accordance with § 180.415(b), 

and permanently marked near the test 

and inspection markings with a unique 

owner’s identification number in letters 

and numbers at least 1⁄2 inch in height 

and width. 

(vii) Each nurse tank owner must 

maintain a copy of the test inspection 

report prepared by the inspector. The 

test report must contain the results of 

the test and meet the requirements in 

§ 180.417(b) and be made available to a 

DOT representative upon request. 

(3) Field truck mounted tanks. A nonDOT specification cargo tank (nurse 

tank) securely mounted on a field truck 

is authorized under the following 

conditions: 

(i) The tank is in conformance with all 

the requirements of paragraph (m)(1) of 

this section, except that the requirement 

in paragraph (m)(1)(vi) does not apply; 

(ii) The tank is inspected and tested 

in accordance with subpart E of part 180 

of this subchapter as specified for an 

MC 331 cargo tank; 

(iii) The tank is restricted to rural 

roads in areas within 50 miles of the 

fertilizer distribution point where the 

nurse tank is loaded; and 

(iv) For the purposes of this section, 

a field truck means a vehicle on which 

a nurse tank is mounted that is designed 

to withstand off-road driving on hilly 

terrain. Specifically, the vehicle must be 

outfitted with stiffer suspension (for 

example, additional springs or airbags) 

than would be necessary for a 

comparable on-road vehicle, a rear axle 

ratio that provides greater low end 

torque, and a braking system and tires 

designed to ensure stability in hilly 

terrain. The field truck must have low 

annual over-the-road mileage and be 

used exclusively for agricultural 

purposes. 

* * * * * 

Issued in Washington, DC, on January 13, 

2011 under authority delegated in 49 CFR 

part 1. 

Cynthia L. Quarterman, 

Administrator, Pipeline and Hazardous 

Materials Safety Administration. 

[FR Doc. 2011–2014 Filed 1–31–11; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 191, 192 

[Docket No. PHMSA–RSPA–2004–19854, 

Amdt. Nos. 191–22; Amdt. 192–116] 

RIN 2137–AE60 

Pipeline Safety: Mechanical Fitting 

Failure Reporting Requirements 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Final rule. 

SUMMARY: This final rule is an 

amendment to PHMSA’s regulations 

involving DIMP. This final rule revises 

the pipeline safety regulations to clarify 

the types of pipeline fittings involved in 

the compression coupling failure 

information collection; changes the term 

‘‘compression coupling’’ to ‘‘mechanical 

fitting,’’ aligns a threat category with the 

annual report; and clarifies the Excess 

Flow Valve (EFV) metric to be reported 

by operators of gas systems. This rule 

also announces the OMB approval of the 

revised Distribution Annual Report and 

a new Mechanical Fitting Failure 

Report. Finally, this rulemaking clarifies 

the key dates for the collection and 

submission of the new Mechanical 

Fitting Failure Report. 

DATES: This final rule takes effect April 

4, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Mike Israni by phone at 202–366–4571 

or by e-mail at Mike.Israni@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The DIMP Notice of Proposed 

Rulemaking (NPRM) published on June 

25, 2008, (73 FR 36015, 36033), 

included a proposed provision for 

operators to report ‘‘each material failure 

of plastic pipe (including fittings, 

couplings, valves and joints).’’ In the 

DIMP final rule published on December 

4, 2009, (74 FR 63906) PHMSA deleted 

the proposed requirement to report 

plastic pipe failures but retained the 

requirement to report failures of 

couplings used in plastic pipe and 

proposed extending the reporting 

requirement to include failures of 

couplings used in metal pipe. The final 

rule also required operators to collect 

compression coupling failure 

information beginning January 1, 2010, 

and report the failures annually on the 

Annual Report Form by March 15, 2011. 

PHMSA used the DIMP final rule to 

open up a 30-day comment period to 

invite public comment on the proposal 

to extend the reporting requirement to 

include the failure of couplings used in 

metal pipe. Comments were due by 

January 4, 2010. On December 31, 2009, 

(74 FR 69286) PHMSA extended the 

comment period to February 4, 2010, as 

requested by the American Gas 

Association. As a result of the 

comments received, PHMSA decided to 

revise the provisions relative to 

compression couplings as detailed in 

the comment summary below. 

PHMSA also used the DIMP final rule 

to solicit comments on the revised Gas 

Distribution Annual Report. The 

revisions to the report were primarily 

made to incorporate the performance 

measures for the Gas Distribution 

Integrity Management Program. To 

comply with the PRA requirements, 

PHMSA issued a 60-day comment 

period with comments due by February 

4, 2010, to allow for comments on the 

proposed revisions. Once the comment 

period passed, PHMSA reviewed the 

comments and made adjustments to the 

Gas Distribution Annual Report. To 

gather further input on the proposed 

revisions, PHMSA published another 

Federal Register notice on June 28, 

2010, (75 FR 36615) with comments due 

by July 28, 2010. 

PHMSA is issuing this rule to address 

the comments received on the notices 

detailed above and modify the pipeline 

safety regulations. In response to 

comments and as discussed below in 

more detail, PHMSA is changing the 

term ‘‘Compression Coupling’’ to 

‘‘Mechanical Fitting’’ and providing a 

definition for ‘‘Mechanical Fitting.’’ 

PHMSA is also using this rule to 

announce the revisions to the Gas 

Distribution Annual Report Form 

(PHMSA F–7100.1–1). The revisions 

include moving the collection of 

mechanical fitting failure information to 

the new Gas Distribution Mechanical 

Fitting Failure Form (PHMSA F– 

7100.1–2). 

The comments related to the proposed 

coupling reporting requirements, the 

reporting of installed excess flow valves, 

and the proposed revisions to the 

Distribution Annual Report Form are 

summarized in the next section. The 

comments and PHMSA’s responses 

regarding the Gas Distribution Annual 

Report and a new Mechanical Fitting 

Failure Report are discussed in the 

Paperwork Reduction Act section. 

II. Summary of Comments 

In response to the request for 

comments in the DIMP final rule, 

PHMSA received twenty-three letters 

commenting on the proposals regarding 

compression coupling reporting 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1