28162 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations 

§ 300.1 Incorporation by reference of the 

Manual of Regulations and Procedures for 

Federal Radio Frequency Management. 

(a) The Manual of Regulations and 

Procedures for Federal Radio Frequency 

Management (the NTIA Manual) is 

issued by the Assistant Secretary of 

Commerce for Communications and 

Information, and is specifically 

designed to cover the Assistant 

Secretary’s frequency management 

responsibilities pursuant to delegated 

authority under 47 U.S.C. 901 et seq. 

and Executive Order 12046 (March 27, 

1978). Federal agencies must comply 

with the requirements in the NTIA 

Manual specified in paragraph (b) of 

this section. 

(b) The NTIA Manual is incorporated 

by reference into this section with 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. All approved material is 

available for inspection at National 

Telecommunications and Information 

Administration, Office of Spectrum 

Management, 1401 Constitution Avenue 

NW, Room 1087, Washington, DC 

20230, Peter Tenhula at (202) 482–9142, 

and is available from the sources 

indicated below. It is also available for 

inspection at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material, call 202–741–6030 or go to 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

(1) Commerce Department, National 

Telecommunications and Information 

Administration, Office of Spectrum 

Management, 1401 Constitution Avenue 

NW, Washington, DC 20230.The NTIA 

Manual is available online at https:// 

www.ntia.doc.gov/page/2011/manualregulations-and-procedures-federalradio-frequency-management-redbook 

and from the Superintendent of 

Documents, U.S. Government Printing 

Office, Washington, DC 20402, by 

referring to Catalog Number 903–008– 

00000–8. 

(i) Manual of Regulations and 

Procedures for Federal Radio Frequency 

Management, 2013 Edition, dated May 

2013, as modified by: 

(A) May 2014 Revisions, approved 

June 24, 2014; 

(B) September 2015 Revisions, 

approved March 11, 2016; and 

(C) September 2017 Revisions, 

approved February 5, 2018. 

(ii) [Reserved] 

(2) [Reserved] 

Dated: June 11, 2018. 

David J. Redl, 

Assistant Secretary for Communications and 

Information. 

[FR Doc. 2018–12790 Filed 6–15–18; 8:45 am] 

BILLING CODE 3510–60–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 172, 173, and 180 

[Docket No. PHMSA–2013–0225 (HM–218H)] 

RIN 2137–AF27 

Hazardous Materials: Miscellaneous 

Amendments; Response to Appeals; 

Corrections 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), U.S. Department of 

Transportation (DOT). 

ACTION: Correcting amendments. 

SUMMARY: PHMSA issues this 

rulemaking in response to appeals 

submitted to a previously-published 

final rule. On June 2, 2016, PHMSA 

published a final rule that made 

miscellaneous amendments to the 

Hazardous Materials Regulations. This 

final rule specifically responds to 

appeals to extend the effective date of 

certain nitric acid packaging and 

emergency response telephone number 

amendments as previously adopted. 

This final rule also clarifies 

amendments associated with the trigger 

date of the 10-year test period for certain 

MC 331 cargo tanks in dedicated 

propane service and corrects editorial 

errors. 

DATES: Effective date: This final rule is 

effective July 18, 2018. 

Voluntary compliance date: June 18, 

2018. 

Delayed compliance date: Unless 

otherwise specified, compliance with 

the amendments adopted in this final 

rule is required beginning September 

17, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Michael Ciccarone, Standards and 

Rulemaking Division, (202) 366–8553, 

Pipeline and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

A. Notice of Proposed Rulemaking 

B. Final Rule 

II. Appeals to the Final Rule 

A. Appellants 

B. Discussion of Appeals by Affected 

Section 

III. Corrections and Amendments 

IV. Regulatory Analyses and Notices 

A. Statutory/Legal Authority for This 

Rulemaking 

B. Executive Order 12866 (Regulatory 

Planning and Review), Executive Order 

13563 (Improving Regulation and 

Regulatory Review), Executive Order 

13610 (Identifying and Reducing 

Regulatory Burdens), Executive Order 

13771 (Reducing Regulation and 

Controlling Regulatory Costs) and DOT 

Regulatory Policies and Procedures 

C. Executive Order 13132 

D. Executive Order 13175 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

F. Paperwork Reduction Act 

G. Regulation Identifier Number (RIN) 

H. Unfunded Mandates Reform Act 

I. Environmental Assessment 

J. Privacy Act 

K. International Trade Analysis 

I. Background 

A. Notice of Proposed Rulemaking 

On January 23, 2015, PHMSA 

published a notice of proposed 

rulemaking (NPRM) under Docket No. 

PHMSA–2013–0225 [(HM–218H); 80 FR 

3787] that proposed amendments to 

update and clarify existing requirements 

of the Hazardous Materials Regulations 

(HMR; 49 CFR parts 171–180). Both the 

NPRM and the subsequent final rule— 

see Section I, Subsection B (‘‘Final 

Rule’’) of this rulemaking—are part of 

DOT’s Retrospective Regulatory Review 

(RRR) process designed to identify 

possible improvements to the 

regulations through the extensive 

review of both the HMR and previouslyissued letters of interpretation. In 

addition, the NPRM proposed regulatory 

requirements in response to seven (7) 

petitions for rulemaking and two (2) 

National Transportation Safety Board 

(NTSB) Safety Recommendations. 

B. Final Rule 

On June 2, 2016, PHMSA issued a 

final rule titled, ‘‘Hazardous Materials: 

Miscellaneous Amendments (RRR),’’ 

under Docket No. PHMSA–2013–0225 

[(HM–218H); 81 FR 35483] that made 

miscellaneous amendments to the HMR 

to update and clarify certain regulatory 

requirements. Based on an assessment 

of the proposed changes and the 

comments received, the June 2, 2016 

final rule covered various topics 

including the following topics 

addressed in this rule: 

• Emergency response telephone 

numbers 

• Packaging instructions for certain 

shipments of nitric acid 

• Test period extension to 10 years for 

certain MC 331 cargo tanks in 

dedicated propane delivery service 

• Hazardous Materials Table revisions 

• Pressure relief device testing for cargo 

tank motor vehicles 


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• Organic peroxide materials 

II. Appeals to the Final Rule 

A. Appellants 

In this final rule, PHMSA addresses 

appeals submitted by the following 

organizations in response to the June 2, 

2016 final rule: 

• Council on Safe Transportation of 

Hazardous Articles, Inc. (COSTHA) 

• The Dangerous Goods Advisory 

Council (DGAC) 

• National Association of Chemical 

Distributors (NACD) 

• United Parcel Service (UPS) 

B. Discussion of Appeals by Affected 

Section 

The specific concerns raised by the 

appellants are outlined below by section 

of the HMR: 

Section 172.604 

Section 172.604 prescribes emergency 

response telephone number 

requirements. In response to a petition 

for rulemaking (P–1597) from DGAC, 

PHMSA removed the allowance to use 

an alphanumeric telephone number as 

the emergency response telephone 

number listed on a shipping paper. 

Removal of this authorization 

eliminated time delays, which result 

from converting letters to numbers in 

extremely time-sensitive situations and 

present an unnecessary delay in 

emergency response. Therefore, PHMSA 

amended § 172.604(a) to require the 

emergency response telephone number 

to be displayed numerically only. 

Following the June 2, 2016 final rule, 

UPS submitted an appeal concerning 

the effective date for this amendment. 

Specifically, UPS indicated that the July 

5, 2016, effective date did not provide 

sufficient time to update the electronic 

systems used for processing hazardous 

material shipments and implement the 

new requirement to use only numeric 

emergency response telephone numbers. 

Additionally, UPS stated in its appeal 

that shippers may be challenged by the 

short transition period. UPS suggested a 

one-year timeframe to overcome the 

challenges and implement the new 

requirements. 

PHMSA understands the concerns 

raised by UPS and recognizes the need 

for additional time to comply with this 

regulatory amendment. PHMSA had 

accepted UPS’s appeal to delay the 

compliance date. However, recent 

appellant feedback shows that the 

extended timeframe since the 

publication of the previous final rule on 

June 2, 2016, has allowed entities such 

as UPS sufficient time to update their 

electronic systems. PHMSA does not 

believe that it is necessary to extend the 

compliance date any further beyond the 

effective date and delayed compliance 

schedule of this final rule. See DATES. 

Note that PHMSA will not be taking 

enforcement action for non-compliance 

with this requirement for the period 

from July 5, 2016, to the effective date 

of this rule. 

Section 173.158 

Section 173.158 prescribes the 

packaging requirements for nitric acid. 

In response to a petition for rulemaking 

(P–1601) from UPS, PHMSA amended 

the packaging provisions for certain 

shipments of nitric acid by requiring 

intermediate packaging for glass inner 

packagings. In its petition, UPS 

expressed concern regarding incidents 

of fire in transport from combination 

packagings of wooden or fiberboard 

outer packaging with the glass inners. 

The addition of intermediate packaging 

for these packagings would improve 

safety by preventing breakage, leakage, 

and resulting fires. Therefore, PHMSA 

amended § 173.158(e) to require that 

when nitric acid, in concentrations less 

than 90 percent, is packaged in glass 

inner packagings placed in wooden or 

fiberboard outer packaging, the glass 

inner packagings must be packed in 

tightly-closed, non-reactive intermediate 

packagings and cushioned with a nonreactive absorbent material. Previously, 

no intermediate packaging was required. 

COSTHA, DGAC, and NACD 

submitted appeals expressing concern 

regarding the effective date for this 

amendment. They stated that the July 5, 

2016, effective date did not provide 

sufficient time for shippers to sell 

current inventory or process inventory 

through the distribution system or the 

supply chain. Furthermore, they argued 

the original effective date did not allow 

sufficient time for testing and 

development of new packaging that 

would comply with the new 

requirement. They requested a 

transition period of one year from the 

effective date of the rulemaking to allow 

for existing inventory to be processed 

and new packaging to be secured. 

PHMSA understands the concerns of 

the regulated community regarding the 

time needed to move inventory and 

comply with the new packaging 

requirements. PHMSA had accepted the 

appeals from COSTHA, DGAC, and 

NACD to extend the compliance date for 

the modified nitric acid packaging 

requirement. Recent appellant feedback 

shows that most shippers are able to 

comply with the new requirements, 

while a few are still working to reduce 

their stock of completed packages and 

unused packagings predating the nitric 

acid packaging change in the June 2, 

2016, final rule. Similar to our response 

to the § 172.604(a) changes and appeal, 

PHMSA will not be taking enforcement 

action for non-compliance with this 

requirement for the period from July 5, 

2016, to the effective date of this rule. 

PHMSA is further extending the 

compliance date to 90 days after 

publication of this final rule in the 

Federal Register. See DATES. 

Furthermore, PHMSA has received 

public requests for additional 

clarification of the requirement for the 

use of non-reactive absorbent material 

in § 173.158(e). As previously stated, 

when nitric acid, in concentrations less 

than 90 percent, is packaged in wooden 

or fiberboard outer packaging, in 

combination with glass inner 

packagings, the glass inner packagings 

must be packed in tightly-closed, nonreactive intermediate packagings and 

cushioned with a non-reactive absorbent 

material. In the June 2, 2016 final rule, 

PHMSA did not specify how much 

absorbent material is required for this 

packaging configuration. Persons have 

inquired on exactly how much 

absorbent material must be used. We 

clarify in this final rule that, consistent 

with other provisions for use of 

absorbent material in the HMR, the 

absorbent material should be in 

sufficient quantity to absorb the entire 

contents of the inner packagings. 

III. Corrections and Amendments 

In this final rule, PHMSA also makes 

corrections to sections that were 

amended by the June 2, 2016 final rule 

and a March 30, 2017 final rule under 

Docket Number PHMSA–2015–0273 

(HM–215N) [82 FR 15795]. Specifically, 

we make a conforming amendment to 

§ 173.129 for organic peroxides and 

clarify applicable requirements for cargo 

tank motor vehicle (CTMV) periodic 

tests and inspection. A section-bysection summary of these corrections is 

as follows: 

Part 172 

Section 172.101 

This section prescribes the purpose 

and instructions for use of the § 172.101 

Hazardous Materials Table (HMT). We 

are making editorial corrections to two 

entries in the HMT. For the entry 

‘‘UN0501, Propellant, solid’’ the Packing 

Group (PG) in Column (5) is removed as 

it was inadvertently re-added in the 

March 30, 2017 final rule (HM–215N). 

For the entry ‘‘UN0190, Samples, 

explosive, other than initiating 

explosives’’ the PG in Column (5) is 

removed for consistency with revisions 

to all other Class 1 explosive entries 


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28164 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations 

made in the June 2, 2016 final rule. 

Under that rule, all references to PG II 

in the HMT for explosives were 

removed as unnecessary because 

explosives are not assigned packing 

groups. 

Part 173 

Section 173.129 

Section 173.129 prescribes the 

requirements for assigning a PG to 

organic peroxides. Specifically, this 

section assigns PG II to all organic 

peroxides. The June 2, 2016, final rule 

removed the PG designation for all 

organic peroxides in the § 172.101 

Hazardous Materials Table (HMT) to 

harmonize with international standards. 

However, the text that assigns PG II to 

all organic peroxides was left in 

§ 173.129 and may cause confusion for 

shippers of organic peroxides when 

reviewing the HMT because the PG 

designation is no longer shown. 

Therefore, for consistency and to further 

clarify that organic peroxides are no 

longer assigned a packing group, 

PHMSA is removing and reserving this 

section. 

Part 180 

Section 180.407 

Paragraph (c) of § 180.407 provides a 

table of compliance dates for periodic 

tests and inspection of DOT 

specification CTMVs. The June 2, 2016, 

final rule added a provision to allow for 

a 10-year interval period for the 

pressure test and internal visual 

inspection of MC 331 CTMVs under 

certain conditions (e.g., the cargo tanks 

must be made of nonquenched and 

tempered (NQT) SA–612 steel). The 

provision included a Note 5 that 

extended the 10-year inspection period 

to cargo tanks made of NQT SA–202 or 

NQT SA–455 steel provided the 

materials have full-size equivalent (FSE) 

Charpy vee notch (CVN) energy test data 

that demonstrated 75% shear-area 

ductility at 32 °F with an average of 3 

or more samples >15 ft-lb FSE with no 

sample <10 ft-lb FSE. However, NQT 

SA–612 was inadvertently included in 

the Note. It was the agency’s intent that 

Note 5 only refer to NQT SA–202 or 

NQT SA–455 steel because NQT SA– 

612 is already referenced within the 

table making its inclusion in Note 5 

redundant and confusing. Therefore, in 

this final rule, PHMSA is correcting 

Note 5 to only refer to NQT SA–202 and 

NQT SA–455 steels. 

Additionally, we are clarifying that as 

of the June 2, 2016 final rule’s effective 

date, the 10-year inspection period for 

eligible CTMVs applies from the date 

the most recent pressure test and 

internal visual inspection were 

performed. Meaning eligible cargo tanks 

tested or inspected prior to the effective 

date do not have to complete the 5-yr 

cycle before being able to test or inspect 

on a 10-year cycle. 

Finally, within the paragraph (c) table 

in the column for ‘‘Date by which first 

test must be completed (see Note 1),’’ 

we included trigger dates for 

applicability of the new 10-year 

requalification for MC 331 CTMVs made 

of these steels and made the dates 

consistent with the trigger dates for the 

other inspection and testing provisions 

within the table. This has caused 

unwarranted confusion for the regulated 

and enforcement communities with 

respect to compliance. First, the dates 

were intended to be the same however 

we introduced a September 1, 2016 date 

for the visual inspection and a 

September 1, 2017 date for the pressure 

test causing confusion on why they 

were different. Second, the trigger 

date(s) are different than the July 5, 

2016 effective date of the rule causing 

further confusion on which applies. 

Therefore, in this rule, we are removing 

the trigger dates from the paragraph (c) 

table and clarifying that the effective 

date (July 5, 2016) of the June 2, 2016 

final rule is the trigger date and 

reiterating that the 10-year interval 

applies. 

Paragraph (g) of § 180.407 prescribes 

the pressure test requirements for all 

components of the cargo tank wall. Prior 

to the publication of the June 2, 2016 

final rule, the bench testing 

requirements for pressure relief valves 

were contained within 

§ 180.407(g)(1)(ii). In response to a 

petition (P–1609) from the Truck Trailer 

Manufacturers Association (TTMA), the 

June 2, 2016 final rule clarified the 

requirements for testing pressure relief 

valves and relocated the requirements of 

§ 180.407(g)(1)(ii)(A), (B), and (C) to 

§ 180.407(j) as (j)(1), (2), and (3), 

respectively. However, due to an 

incorrect Federal Register instruction, 

only the introductory text was revised. 

It was the agency’s intent to revise the 

entire section to remove the paragraphs 

§ 180.407(g)(1)(ii)(A), (B), and (C). To 

avoid further confusion by regulated 

entities, in this final rule, PHMSA is 

removing § 180.407(g)(1)(ii)(A), (B), and 

(C) as redundant because these same 

requirements currently reside in 

§ 180.407(j). 

PHMSA has received some inquiries 

regarding the new provisions of 

§ 180.407(j) and how they relate to other 

sections pertaining to CTMVs. 

Therefore, PHMSA seeks to clarify that 

while § 180.407(j) permits DOT 400 

series pressure relief devices to be 

installed on MC 300 series CTMVs, the 

pressure relief devices must still meet 

the venting capacity and set pressure 

requirements of the original 

specification, in accordance with 

§§ 173.33(d)(3) and 180.407(h)(2). 

IV. Regulatory Analyses and Notices 

A. Statutory/Legal Authority for This 

Rulemaking 

This final rule is published under 

authority of Federal hazardous materials 

transportation law (Federal hazmat law). 

See 49 U.S.C. 5101 et seq. Section 

5103(b) of Federal hazmat law 

authorizes the Secretary of 

Transportation (Secretary) to prescribe 

regulations for the safe transportation, 

including security, of hazardous 

materials in intrastate, interstate, and 

foreign commerce. Further, section 

5120(b) of Federal hazmat law 

authorizes the Secretary to ensure that, 

to the extent practicable, regulations 

governing the transportation of 

hazardous materials in commerce are 

consistent with standards adopted by 

international authorities. The Secretary 

has delegated the authority granted in 

the Federal hazmat law to the PHMSA 

Administrator. See 49 CFR 1.97. 

B. Executive Order 12866 (Regulatory 

Planning and Review), Executive Order 

13563 (Improving Regulation and 

Regulatory Review), Executive Order 

13610 (Identifying and Reducing 

Regulatory Burdens), Executive Order 

13771 (Reducing Regulation and 

Controlling Regulatory Costs) and DOT 

Regulatory Policies and Procedures 

This final rule is not considered a 

significant regulatory action under 

section 3(f) of Executive Order 12866, 

‘‘Regulatory Planning and Review.’’ See 

58 FR 51735 (Oct. 4, 1993). Accordingly, 

this final rule was not reviewed by the 

Office of Management and Budget 

(OMB) and is not considered a 

significant regulatory action under the 

DOT Regulatory Policies and Procedures 

of February 26, 1979. See 44 FR 11034. 

Executive Order 13563, ‘‘Improving 

Regulation and Regulatory Review,’’ 

supplements and reaffirms the 

principles, structures, and definitions 

governing regulatory review that were 

established in Executive Order 12866. 

See 76 FR 3821 (Jan. 21, 2011). 

Executive Order 13563 notes that our 

nation’s current regulatory system must 

protect not only public health, welfare, 

safety, and our environment, but also 

promote economic growth, innovation, 

competitiveness, and job creation. In 

addition, Executive Order 13563 

specifically requires Federal agencies to: 

(1) Involve the public in the regulatory 


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Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations 28165 

1 Interim Guidance Implementing Section 2 of the 

Executive Order of January 30, 2017, ‘‘Reducing 

Regulation and Controlling Regulatory Costs, 

Docket ID: OMB–2017–0002, available at: https://

www.regulations.gov/document?D=OMB-2017- 

0002-0001. 

2U.S. Department of Transportation, Pipeline and 

Hazardous Materials Safety Administration, 

‘‘Hazardous Materials; Miscellaneous Amendments 

(RRR),’’ published June 2, 2016, 81 FR 35484, 

available at: https://www.regulations.gov/ 

document?D=PHMSA-2013-0225-0075. 

process; (2) promote simplification and 

harmonization through interagency 

coordination; (3) ‘‘identify and consider 

regulatory approaches that reduce 

burdens and maintain flexibility’’; (4) 

ensure the objectivity of any scientific 

or technological information used to 

support regulatory action; and (5) 

consider how to best promote 

retrospective analysis to modify, 

streamline, expand, or repeal existing 

rules that are outmoded, ineffective, 

insufficient, or excessively burdensome. 

Executive Order 13610, ‘‘Identifying 

and Reducing Regulatory Burdens,’’ 

urges agencies to conduct retrospective 

analyses of existing rules to examine 

whether they remain justified and 

whether they should be modified or 

streamlined in light of changed 

circumstances, including the rise of new 

technologies. See 77 FR 28467 (May 14, 

2012). 

Executive Order 13771, ‘‘Reducing 

Regulation and Controlling Regulatory 

Costs,’’ states that, ‘‘for every one new 

regulation issued, at least two prior 

regulations be identified for elimination, 

and that the cost of planned regulations 

be prudently managed and controlled 

through a budgeting process.’’ Guidance 

released publicly and dated February 2, 

2017 clarified that two ‘‘deregulatory 

actions’’ would be needed to fully offset 

the costs of each new significant 

regulatory action that imposes costs. 

As this final rule is not considered a 

significant action under 3(f) of 

Executive Order 12866, E.O. 13771 is 

not applicable to this action, and this 

action has not been analyzed in 

accordance with the principles and 

criteria of E.O. 13771.1

Together, these executive orders 

require agencies to regulate in the ‘‘most 

cost-effective manner,’’ to make a 

‘‘reasoned determination that the 

benefits of the intended regulation 

justify its costs,’’ and to develop 

regulations that ‘‘impose the least 

burden on society.’’ 

As discussed in this rulemaking, 

PHMSA is amending various provisions 

in the HMR for necessary clarification 

and relaxation of overly burdensome 

requirements. These appeals requested 

that PHMSA extend the compliance 

date of the nitric acid packaging 

requirements, as well as the compliance 

date of the requirement for offerors to 

provide emergency response telephone 

numbers in numeric form only.2

Delaying these effective dates is a 

relaxation or reduction of the burden 

facing the regulated community. 

PHMSA anticipates the amendments 

contained in this rule will provide 

regulatory clarity and flexibility to the 

regulated community. 

C. Executive Order 13132 

This final rule was analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132, ‘‘Federalism,’’ which requires 

agencies to assure meaningful and 

timely input by State and local officials 

in the development of regulatory 

policies that may have ‘‘substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ See 64 FR 43255 

(Aug. 10, 1999). 

This final rule would preempt State, 

local, and Indian tribe requirements but 

does not propose any regulation that has 

substantial direct effects on the States, 

the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, the 

consultation and funding requirements 

of Executive Order 13132 do not apply. 

This final rule concerns the 

classification, packaging, marking, 

labeling, and handling of hazardous 

materials, among other covered subjects. 

As adopted, this rule preempts any 

State, local, or Indian tribe requirements 

concerning these subjects unless the 

non-Federal requirements are 

‘‘substantively the same’’ as the Federal 

requirements. See 49 CFR 107.202(d). 

D. Executive Order 13175 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175, ‘‘Consultation and Coordination 

with Indian Tribal Governments,’’ 

which requires agencies to assure 

meaningful and timely input from 

Indian tribal government representatives 

in the development of rules that 

significantly or uniquely affect Indian 

communities by imposing ‘‘substantial 

direct compliance costs’’ or ‘‘substantial 

direct effects’’ on such communities or 

the relationship and distribution of 

power between the Federal Government 

and Indian tribes. See 65 FR 67249 

(Nov. 9, 2000). Since this final rule does 

not have tribal implications and does 

not impose substantial direct 

compliance costs on Indian tribal 

governments, the funding and 

consultation requirements of Executive 

Order 13175 do not apply and a tribal 

summary impact statement is not 

required. 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

The Regulatory Flexibility Act, 5 

U.S.C. 601 et seq., requires agencies to 

consider whether a rulemaking would 

have a ‘‘significant economic impact on 

a substantial number of small entities.’’ 

In addition, the Regulatory Flexibility 

Act directs agencies to establish 

exceptions and differing compliance 

standards for small businesses, where it 

is possible to do so while still meeting 

the objectives of applicable regulatory 

statutes. However, in the case of 

hazardous materials transportation, it is 

not possible to establish exceptions or 

differing standards and still accomplish 

our safety objectives. 

As this final rule would clarify 

provisions based on PHMSA’s 

initiatives and correspondence with the 

regulated community, the impact that it 

will have on small entities is not 

expected to be significant. The changes 

are generally intended to provide relief 

and, as a result, marginal positive 

benefits to shippers, carriers, and 

packaging manufactures and testers, 

including small entities. These benefits 

are not at a level that can be considered 

economically significant. Consequently, 

this final rule will not have a significant 

economic impact on a substantial 

number of small entities. 

This final rule has been developed in 

accordance with Executive Order 13272, 

‘‘Proper Consideration of Small Entities 

in Agency Rulemaking,’’ 67 FR 53461 

(Aug. 16, 2002), as well as DOT’s 

Procedures and Policies, to promote 

compliance with the Regulatory 

Flexibility Act to ensure that potential 

impacts of draft rules on small entities 

are properly considered. 

F. Paperwork Reduction Act 

This final rule imposes no new 

information collection and 

recordkeeping requirements. 

G. Regulation Identifier Number (RIN) 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 


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year. The RIN number contained in the 

heading of this document can be used 

to cross-reference this action with the 

Unified Agenda. 

H. Unfunded Mandates Reform Act 

This final rule does not impose 

unfunded mandates under the 

Unfunded Mandates Reform Act of 

1995. Public Law 104–4. It does not 

result in costs of $155 million or more 

to either State, local, or Tribal 

governments, in the aggregate, or to the 

private sector, and it is the least 

burdensome alternative that achieves 

the objective of the rule. 

I. Environmental Assessment 

The National Environmental Policy 

Act of 1969 (NEPA), 42 U.S.C. 4321– 

4375, requires Federal agencies to 

analyze proposed actions to determine 

whether they will have a significant 

impact on the human environment. In 

the June 2, 2016 final rule, PHMSA 

developed an assessment to determine 

the effects of these revisions on the 

environment and whether a more 

comprehensive environmental impact 

statement may be required. Our findings 

conclude that there are no significant 

environmental impacts associated with 

this final rule. The amendments are 

intended to: Update, clarify, or provide 

relief from certain existing regulatory 

requirements to promote safer 

transportation practices; eliminate 

unnecessary regulatory requirements; 

facilitate international commerce; and 

make these requirements easier to 

understand. For interested parties, the 

environmental assessment is included 

with the June 2, 2016, final rule 

available in the public docket. 

J. Privacy Act 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform its rulemaking process. 

Anyone is able to search the electronic 

form of any written communications 

and comments received into any of our 

dockets by the name of the individual 

submitting the document (or signing the 

document, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

[65 FR 19477] or you may visit http:// 

www.dot.gov/privacy. 

K. International Trade Analysis 

The Trade Agreements Act of 1979, 

Public Law 96–39, as amended by the 

Uruguay Round Agreements Act, Public 

Law 103–465, prohibits Federal 

agencies from establishing any 

standards or engaging in related 

activities that create unnecessary 

obstacles to the foreign commerce of the 

United States. Pursuant to these Acts, 

the establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standards have a 

legitimate domestic objective, such as 

the protection of safety, and do not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. PHMSA notes the 

purpose of this rulemaking is to ensure 

the safety of the American public and 

has assessed the effects of this rule to 

ensure that it does not exclude imports 

that meet this objective. As a result, this 

final rule is not considered as creating 

an unnecessary obstacle to foreign 

commerce. 

List of Subjects 

49 CFR Part 172 

Education, Hazardous materials 

transportation, Hazardous waste, 

Labeling, Markings, Packaging and 

containers, Reporting and recordkeeping 

requirements. 

49 CFR Part 173 

Hazardous materials transportation, 

Incorporation by reference, Packaging 

and containers, Radioactive materials, 

Reporting and recordkeeping 

requirements, Uranium. 

49 CFR Part 180 

Hazardous materials transportation, 

Incorporation by reference, Motor 

carriers, Motor vehicle safety, Packaging 

and containers, Railroad safety, 

Reporting and recordkeeping 

requirements. 

In consideration of the foregoing, 

PHMSA amends 49 CFR chapter I as 

follows: 

PART 172—HAZARDOUS MATERIALS 

TABLE, SPECIAL PROVISIONS, 

HAZARDOUS MATERIALS 

COMMUNICATIONS, EMERGENCY 

RESPONSE INFORMATION, TRAINING 

REQUIREMENTS, AND SECURITY 

PLANS 

■ 1. The authority citation for part 172 

continues to read as follows: 

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

CFR 1.81, 1.96 and 1.97. 

■ 2. In § 172.101, the Hazardous 

Materials Table is amended by revising 

the following entries in the appropriate 

alphabetical sequence: 

§ 172.101 Purpose and use of hazardous 

materials table. 

* * * * * 

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§ 172.101 HAZARDOUS MATERIALS TABLE 

Sym- Hazardous materials descrip- Hazard Identi- PG Label Special (8) (9

bois lions and proper shipping class or fication Codes Provisions 

names division Numbers (§ 172.102) Packaging Quantity l

(§ 173***) (see§§ 173.27 

Excep-tions Non- Bulk Passenger 

bulk aircraft/rail 

(SA) 

(I) (2) (3) (4) (5) (6) (7) (8B) (8C) (9A) 

• • • • • 

Propellant, solid 1.4C UN0501 1.4C None 62 None Forbidden 

• • • • • 

G Samples, explosive, other than initiating explosives UNOI90 113 None 62 None Forbidden 

• • • • • 
28168 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations 

* * * * * 

BILLING CODE 4910–60–C 

PART 173—SHIPPERS—GENERAL 

REQUIREMENTS FOR SHIPMENTS 

AND PACKAGINGS 

■ 3. The authority citation for part 173 

continues to read as follows: 

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

CFR 1.81, 1.96 and 1.97. 

§ 173.129 [Removed and Reserved] 

■ 4. Remove and reserve § 173.129. 

■ 5. In § 173.158, revise paragraph (e) to 

read as follows: 

§ 173.158 Nitric acid. 

* * * * * 

(e) Nitric acid of less than 90 percent 

concentration, when offered for 

transportation or transported by rail, 

highway, or water may be packaged in 

4A, 4B, or 4N metal boxes, 4G 

fiberboard boxes or 4C1, 4C2, 4D or 4F 

wooden boxes with inside glass 

packagings of not over 2.5 L (0.66 

gallon) capacity each. Beginning 

September 17, 2018, when placed in 

wooden or fiberboard outer packagings, 

glass inner packagings must be packed 

in tightly-closed, intermediate 

packagings and cushioned with 

absorbent material sufficient to absorb 

the entire contents of the package. The 

intermediate packaging and absorbent 

material must be compatible with the 

nitric acid. See § 173.24(e). 

* * * * * 

PART 180—CONTINUING 

QUALIFICATION AND MAINTENANCE 

OF PACKAGINGS 

■ 6. The authority citation for part 180 

is revised to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.81 and 1.97. 

■ 7. In § 180.407: 

■ a. Revise the table and notes in 

paragraph (c); and 

■ b. Revise paragraph (g)(1)(ii). 

The revisions read as follows: 

§ 180.407 Requirements for test and 

inspection of specification cargo tanks. 

* * * * * 

(c) * * * 

COMPLIANCE DATES—INSPECTIONS AND TEST UNDER § 180.407(c) 

Test or inspection 

(cargo tank specification, configuration, and service) 

Date by which first test 

must be completed 

(see Note 1) 

Interval 

period 

after first test 

External Visual Inspection: 

All cargo tanks designed to be loaded by vacuum with full opening rear heads .......................... September 1, 1991 ........... 6 months. 

All other cargo tanks ....................................................................................................................... September 1, 1991 ........... 1 year. 

Internal Visual Inspection: 

All insulated cargo tanks, except MC 330, MC 331, MC 338 (see Note 4) .................................. September 1, 1991 ........... 1 year. 

All cargo tanks transporting lading corrosive to the tank ............................................................... September 1, 1991 ........... 1 year. 

MC 331 cargo tanks less than 3,500 gallons water capacity in dedicated propane service constructed of nonquenched and tempered NQT SA–612 steel (see Note 5)............................................ 10 years. 

All other cargo tanks, except MC 338 ............................................................................................ September 1, 1995 ........... 5 years. 

Lining Inspection: 

All lined cargo tanks transporting lading corrosive to the tank ...................................................... September 1, 1991 ........... 1 year. 

Leakage Test: 

MC 330 and MC 331 cargo tanks in chlorine service .................................................................... September 1, 1991 ........... 2 years. 

All other cargo tanks except MC 338 ............................................................................................. September 1, 1991 ........... 1 year. 

Pressure Test: 

(Hydrostatic or pneumatic) (See Notes 2 and 3) ...........................................................................

All cargo tanks which are insulated with no manhole or insulated and lined, except MC 338 ..... September 1, 1991 ........... 1 year. 

All cargo tanks designed to be loaded by vacuum with full opening rear heads .......................... September 1, 1992 ........... 2 years. 

MC 330 and MC 331 cargo tanks in chlorine service .................................................................... September 1, 1992 ........... 2 years. 

MC 331 cargo tanks less than 3,500 gallons water capacity in dedicated propane service constructed of nonquenched and tempered NQT SA–612 steel (See Note 5).10 years. 

All other cargo tanks ....................................................................................................................... September 1, 1995 ........... 5 years. 

Thickness Test: 

All unlined cargo tanks transporting material corrosive to the tank, except MC 338 .................... September 1, 1992 ........... 2 years. 

Note 1: If a cargo tank is subject to an applicable inspection or test requirement under the regulations in effect on December 30, 1990, and 

the due date (as specified by a requirement in effect on December 30, 1990) for completing the required inspection or test occurs before the 

compliance date listed in table I, the earlier date applies. 

Note 2: Pressure testing is not required for MC 330 or MC 331 cargo tanks in dedicated sodium metal service. 

Note 3: Pressure testing is not required for uninsulated lined cargo tanks, with a design pressure MAWP 15 psig or less, which receive an external visual inspection and lining inspection at least once each year. 

Note 4: Insulated cargo tanks equipped with manholes or inspection openings may perform either an internal visual inspection in conjunction 

with the external visual inspection or a hydrostatic or pneumatic pressure-test of the cargo tank. 

Note 5: A 10-year inspection interval period also applies to cargo tanks constructed of NQT SA–202 or NQT SA–455 steel provided the materials have full-size equivalent (FSE) Charpy vee notch (CVN) energy test data that demonstrated 75% shear-area ductility at 32 °F with an average of 3 or more samples >15 ft-lb FSE with no sample <10 ft-lb FSE. 

* * * * * 

(g) * * * 

(1) * * * 

(ii) All self-closing pressure relief 

valves, including emergency relief vents 

and normal vents, must be removed 

from the cargo tank for inspection and 

testing according to the requirements in 

paragraph (j) of this section. 

* * * * * 

Issued in Washington, DC, on June 12, 

2018, under authority delegated in 49 CFR 

1.97. 

Howard R. Elliott, 

Administrator, Pipeline and Hazardous 

Materials Safety Administration. 

[FR Doc. 2018–12961 Filed 6–15–18; 8:45 am] 

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