Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Proposed Rules 69493 

regulations that have ‘‘substantial direct 

effects on one or more Indian tribes, on 

the relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

proposed rule will not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this proposed rule. 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: October 28, 2005. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, it is proposed that 40 CFR 

chapter I be amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

§ 180.910 [Amended] 

2. Section 180.910 is amended by 

removing from the table the entries for: 

a. Coumarone-indene resin, 

conforming to 21 CFR 172.215; 

b. Diacetyl tartaric acid esters of 

mono- and diglycerides of edible fatty 

acids; 

c. Methyl ester of rosin, partially 

hydrogenated (as defined in 21 CFR 

172.615); 

d. Modified polyester resin derived 

from ethylene glycol, fumaric acid, and 

rosin; 

e. Montmorillonite-type clay treated 

with polytetrafluoroethylene (PTFE; 

CAS Reg. No. 9002–84–0); 

f. Pentaerythritol ester of modified 

resin; 

g. Pentaerythritol stearates mixture 

(CAS Reg. No. 85116–93–4) which 

include pentaerythritol monostearate 

(CAS Reg. No. 78–23–9), pentaerythritol 

distearate (CAS Reg. No. 13081–97–5), 

pentaerythritol tristearate (CAS Reg. No. 

28188–24–1) and pentaerythritol 

tetrastearate (CAS Reg. No. 115–83–3); 

h. Sodium N-lauroyl-N-methyltaurine; 

and 

i. Sodium N-palmitoyl-Nmethyltaurine 

j. Sodium oleyl sulfate; 

§ 180.920 [Amended] 

3. Section 180.920 is amended by 

removing from the table the entries for: 

a. Ammonium thiocyanate; 

b. Animal waste material (produced 

by the thermophilic digestion of cattle 

and poultry manure); 

c. Condensation product of 

orthophenylphenol with 5 moles of 

ethylene oxide; 

d. Diacetone alcohol; 

e. Isoamyl acetate; 

f. Paraformaldehyde; 

g. Phenolic resins; 

h. Sodium salt of partially or 

completely saponified dark wood rosin 

(as defined in 21 CFR 178.3870(a)(4)); 

i. Tannin; 

j. Toluene; 

k. Trimethylolpropane (CAS Reg. No. 

77–66–9) (180.920); and 

l. Woolwax alcohol. 

§ 180.930 [Amended] 

4. Section 180.930 is amended by 

removing from the table the entries for: 

a. Diacetyl tartaric acid esters of 

mono- and diglycerides of edible fatty 

acids; 

b. 2-[Methyl (perfluoroalkyl)alkyl(C2- 

C8)sulfonyl] amino]alkyl(C2-C8) 

acrylate--alkyl (C2-C8)methacrylates-Nmethylolacrylamide copolymer; 

c. Nitrile rubber modifed acrylonitrile 

methylacrylate (CAS Reg. No. 27012–

62–0) conforming to 21 CFR 177.1480; 

d. Paraformaldehyde; and 

e. Wood rosin acid, potassium salts, 

conforming to 21 CFR 178.3870. 

§§ 180.1062, 180.1077, and 180.1133 

[Removed] 

5. Sections 180.1062, 180.1077, and 

180.1133 are removed. 

[FR Doc. 05–22614 Filed 11–15–05; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 173 and 177 

[Docket No. PHMSA–2005–22987 (HM–238)] 

RIN 2137–AE06 

Hazardous Materials: Requirements for 

the Storage of Explosives and Other 

High-Hazard Materials During 

Transportation 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Advance notice of proposed 

rulemaking (ANPRM). 

SUMMARY: PHMSA is considering 

requirements to address the current 

safety and security risks associated with 

the storage of explosives during 

transportation. In this notice, we are 

soliciting comments concerning 

measures to reduce the risks posed by 

the storage of explosives while they are 

in transportation and whether 

regulatory action is warranted. We also 

invite comments as to whether 

enhanced requirements for storage 

incidental to movement should apply to 

other hazardous materials (e.g., 

materials toxic by inhalation). 

DATES: Comments must be received by 

February 14, 2006. 

ADDRESSES: Comments. You may submit 

comments identified by the docket 

number (PHMSA–2005–22987) by any 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Web Site: http://dms.dot.gov. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management System; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–402, Washington, DC 20590–

0001. 

• Hand Delivery: To the Docket 

Management System; Room PL–402 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

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

through Friday, except Federal 

Holidays. 

Instructions: All submissions must 

include the agency name and docket 

number or Regulatory Identification 

Number (RIN) for this notice. Note that 

all comments received will be posted 

without change to http://dms.dot.gov 

including any personal information 

provided. Please see the Privacy Act 

heading under SUPPLEMENTARY

INFORMATION. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

dms.dot.gov at any time or to the Docket 

Management System (see ADDRESSES). 

FOR FURTHER INFORMATION CONTACT: Ben 

Supko, Office of Hazardous Materials 

Standards, telephone (202) 366–8553, 

Pipeline and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, 400 Seventh Street, 

SW., Washington, DC 20590–0001. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 16, 2002, the Federal Motor 

Carrier Safety Administration (FMCSA) 

and the Research and Special Programs 

Administration (RSPA, the predecessor 

69494 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Proposed Rules 

agency to the Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA, we)) published an Advance 

Notice of Proposed Rulemaking 

(ANPRM) under Docket HM–232A (67 

FR 46622) entitled ‘‘Security 

Requirements for Motor Carriers 

Transporting Hazardous Materials.’’ In 

the ANPRM, FMCSA and RSPA 

examined the need for enhanced 

security requirements for motor carrier 

transportation of hazardous materials. 

FMCSA and RSPA requested comments 

on a variety of security measures 

including: escorts, vehicle tracking and 

monitoring systems, emergency warning 

systems, remote shut-offs, direct shortrange communications, and notification 

to State and local authorities. The 

ANPRM also addressed the issue of 

explosives storage in safe havens. We 

received approximately 80 comments in 

response to the ANPRM. 

On March 19, 2003, FMCSA 

published a further notice (68 FR 13250) 

that RSPA had assumed the lead role for 

this rulemaking proceeding. Due to the 

complexity of the issues raised in 

Docket HM–232A and the number of 

comments received on the ANPRM, 

RSPA decided to consider the storage of 

explosives in a separate rulemaking. 

RSPA indicated its intentions in the 

October 30, 2003 final rule published 

under Docket HM–223 (68 FR 61906) 

entitled ‘‘Applicability of the Hazardous 

Materials Regulations to Loading, 

Unloading, and Storage.’’ In the final 

rule, which became effective on June 1, 

2005 (see 69 FR 70902; December 8, 

2004), RSPA clarified the applicability 

of the HMR to specific functions and 

activities related to the transportation of 

hazardous materials in commerce. In the 

preamble to the HM–223 final rule, 

RSPA identified issues related to the 

storage of hazardous materials during 

transportation that need to be addressed 

(68 FR 61906; 61931). RSPA noted that 

the current HMR requirements 

applicable to the storage of explosives 

during transportation need to be 

reevaluated to ensure that they 

adequately account for potential safety 

and security risks. For example, the 

agency has concerns regarding the lack 

of Federal standards for safe havens and 

inconsistent State requirements. 

II. Comments Received for HM–232A 

Rulemaking on Storage and Safe 

Havens 

Twenty-one commenters on the HM–

232A ANPRM provided specific 

information on safe havens. In general, 

commenters support the continued use 

of safe havens. However, commenters 

also suggest that the term ‘‘safe haven’’

lacks a cohesive definition among 

Federal regulatory agencies, most 

notably the U.S. DOT and the Nuclear 

Regulatory Commission. The 

commenters indicate that the lack of a 

consistent definition for the term ‘‘safe 

haven’’ has led to confusion and 

questions regarding the level of 

protection provided at these locations. 

Commenters request that standards be 

developed to provide details on the 

construction, maintenance, availability, 

and use of safe havens. Without clearly 

defined standards to follow, 

commenters state that any future 

reliance on safe havens may actually 

make the hazardous materials stored 

there more susceptible to safety and 

security threats than if they were stored 

at other locations. 

Commenters suggest that until an 

infrastructure of secure safe havens is 

developed across the country (e.g., a 

system that includes federally regulated 

safe havens that are strategically located 

on major chemical and explosive 

shipping lanes at convenient 500 mile 

intervals) they should be able to use 

their own discretion to determine if a 

safe haven is sufficiently secure. In 

addition, commenters state that in many 

instances a driver’s best defense against 

security threats is to blend in with other 

trucks on the road and at rest stops. 

Therefore, some commenters stated that 

a standard that allows shipments to be 

parked in secure areas that provide an 

adequate level of security may be more 

appropriate then a standard that only 

allows the use of designated safe 

havens. These secure areas may consist 

of well-lit private property that is 

protected by a fence and equipped with 

a controlled-access gate, monitored 

parking in an industrial area, or a truck 

stops that has been modified to meet 

‘‘safe haven’’ standards. 

One commenter notes that safe havens 

are often small and difficult to 

maneuver, a safety problem that will be 

compounded by any increase in the 

transportation industry’s dependence on 

safe havens. The majority of 

commenters agree that safe havens and 

secured on-site areas are effective 

security measures for the temporary 

storage of explosives in transportation, 

provided those areas meet the National 

Fire Protection Association’s document 

498 Standard for Safe Havens and 

Interchange Lots for Vehicles 

Transporting Explosives or an 

equivalent standard. Commenters 

recommend that we adopt NFPA 498 in 

the Hazardous Materials Regulations 

(HMR; 49 CFR parts 171–180). 

III. Purpose of This ANPRM 

As discussed in more detail below, 

the HMR require shipments stored 

during transportation to conform to the 

same requirements that apply when the 

shipments are actually moving (e.g., 

shipping papers, emergency response 

information, hazard communication, 

packaging, and segregation). The HMR 

also require facilities at which 

explosives and other high-hazard 

materials are offered or stored during 

transportation to have security plans. 

The security plan must be based on an 

assessment of possible security risks 

and must include measures to address 

those risks. Otherwise, the HMR do not 

include specific requirements for 

facilities at which explosives or other 

high-hazard materials are stored during 

transportation. The HMR do not 

establish specific standards for storage 

facilities nor do they limit the amount 

of material that may be stored in a single 

location. 

We are concerned that current HMR 

requirements may not adequately 

address the safety and security risks 

associated with the storage during 

transportation of explosives and other 

high-hazard materials. Thus, we are 

seeking comments and information on 

the adequacy of existing regulatory 

requirements and the need for 

additional, more specific requirements. 

This ANPRM is focused primarily on 

explosives storage; however, we invite 

commenters to address issues related to 

the storage of other types of high-hazard 

materials as well. We note in this regard 

that, in another proceeding (Docket 

HM–232E (69 FR 50988; August 16, 

2004)), PHMSA and the Department of 

Homeland Security are examining the 

need for enhanced security 

requirements for the rail transportation 

of hazardous materials that pose a toxic 

inhalation hazard. Security measures 

being considered include improvements 

to security plans, modification of 

methods used to identify shipments, 

enhanced requirements for temporary 

storage, and implementation of tracking 

and communication systems. 

Provided below is a list of government 

and industry standards for explosives 

storage that are based on a variety of 

factors, including but not limited to, the 

mode of transportation, the type of 

explosives, and whether the explosive is 

in transportation. 

• Hazardous Materials Regulations 

(49 CFR parts 171–180). 

• Federal Motor Carrier Safety 

Regulations (49 CFR parts 350–399). 

• United States Coast Guard 

Requirements applicable to explosives 

storage (33 CFR parts 101–126). 

• Bureau of Alcohol, Tobacco, 

Firearms, and Explosives Regulations 

for explosives in commerce (27 CFR part 

555). 

Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Proposed Rules 69495 

• National Fire Protection 

Association’s NFPA 498, ‘‘Standard for 

Safe Havens and Interchange Lots for 

Vehicles Transporting Explosives 

Standard for Safe Havens and 

Interchange Lots for Vehicles 

Transporting Explosives’’. 

• Institute of Makers of Explosives 

Safety Library Publication No. 27, 

‘‘Security in Manufacturing, 

Transportation, Storage and use of 

Commercial Explosives’’. 

• Surface Deployment and 

Distribution Command, ‘‘SDDC Freight 

Traffic Rules Publication NO. 1C 

(MFTRP NO. 1C)’’. 

In the sections that follow we provide 

brief descriptions of these standards and 

their applicability to the transportation 

and storage of explosives. 

IV. HMR Requirements Applicable to 

Explosives Storage 

General. The HMR require hazardous 

materials stored incidental to movement 

to meet all the applicable requirements 

for hazard communication (including 

shipping papers and emergency 

response information), packaging, and 

handling that apply when shipments are 

actually moving in transportation. The 

HMR include specific carrier 

requirements for transportation of 

hazardous materials by air, highway, 

rail, and vessel. 

Explosives, or Class 1 materials, are 

one of the most stringently regulated 

hazardous materials under the HMR. 

The HMR define a Class 1 material as 

any substance or article that is designed 

to function by explosion—that is, an 

extremely rapid release of gas or heat—

or one that, by chemical reaction within 

itself, functions in a similar manner 

even if not designed to do so (49 CFR 

173.50(a)). Class 1 materials are divided 

into six divisions (49 CFR 173.50(b)). As 

provided in the following table, 

assignment of an explosive to a division 

depends on the degree and nature of the 

explosive hazard. 

Division Hazard Description of hazard Examples 

1.1 Mass explosion hazard ............ This explosive will affect almost the entire load instantaneously Grenades, mines, and nitroglycerin. 

1.2 Projection hazard without a 

mass explosion hazard.

This explosive will project fragments outward at some distance Rockets and warheads. 

1.3 Fire hazard and either a minor 

projection hazard or minor 

blast hazard or both but not 

a mass explosion hazard.

This explosive will cause fire and may or may not project fragments outward at some distance.Projectiles, signal smoke, and 

tracers for ammunition. 

1.4 Minor explosion hazard ............ The explosive affects of this material are largely confined to 

the package and no projection of fragments of any appreciable size or range is expected.

Ammunition, airbags, and 

model rocket motors. 

1.5 Very insensitive explosive ........ This explosive has a mass explosion hazard, but is represented by a low probability of detonation while in transportation.Blasting agents and ammonianitrate fuel oil mixture. 

1.6 Extremely insensitive article ..... This explosive is an article that contains only extremely insensitive detonating substances which demonstrate a negligible 

probability of accidental initiation or propagation.

Insensitive article and military. 

The HMR prohibit transportation of 

an explosive unless it has been 

examined, classed, and approved by 

PHMSA’s Associate Administrator for 

Hazardous Materials Safety, with 

separate provisions covering the 

transportation of new explosives for 

examination or developmental testing, 

explosives approval by a foreign 

government, small arms cartridges, and 

fireworks manufactured in accordance 

with APA Standard 87–1 (49 CFR 

173.56). The approval granted by the 

Associate Administrator specifies 

packaging and other transportation 

provisions that must be followed by the 

person who offers or transports the 

explosive material. In addition to 

packaging requirements, the HMR 

require explosives to be marked and 

labeled and/or placarded to indicate the 

explosive hazard. Explosives shipments 

generally must be accompanied by 

shipping papers and emergency 

response information. In addition, Parts 

174, 175, 176, and 177 of the HMR 

specify modal requirements for loading 

and unloading, blocking and bracing, 

stowage, segregation, and compatibility. 

Security plans. In accordance with 

Subpart I of Part 172 of the HMR, 

persons who offer for transportation and 

persons who transport certain 

hazardous materials for transportation 

in commerce, including shipments of 

explosives for which placarding is 

required under the HMR, must develop 

and implement security plans. A 

security plan must include an 

assessment of possible transportation 

security risks for the covered shipments 

and appropriate measures to address the 

identified risks. At a minimum, a 

security plan must include measures to 

prevent unauthorized access to 

shipments and to address personnel and 

en route security. The en route security 

element of the plan must include 

measures to address the security risks of 

the shipment while it is moving from its 

origin to its destination, including 

shipments stored incidental to 

movement. Thus, a facility at which a 

shipment subject to the security plan 

requirements is stored during 

transportation must itself be covered by 

a security plan. The HMR requirement 

for a security plan sets forth general 

requirements for a security plan’s 

components rather than a prescriptive 

list of specific items that must be 

included. The regulation establishes a 

performance standard that provides 

shippers and carriers with the flexibility 

necessary to develop plans that address 

their individual circumstances and 

operational environment. 

V. FMCSA Requirements Applicable to 

Explosives Storage 

Motor carriers that transport 

hazardous materials in commerce must 

comply with both the HMR and the 

Federal Motor Carrier Safety 

Regulations (FMCSRs; 49 CFR parts 

390–397), administered by the FMCSA. 

The FMCSRs address driver 

qualifications; vehicle parts and 

accessories; driving requirements and 

hours of service; vehicle inspection, 

repair and maintenance; and driving 

and parking rules for the transportation 

of hazardous materials. The FMCSRs 

include requirements for storage of 

explosives incidental to movement. In 

accordance with the FMCSRs, a motor 

vehicle that contains Division 1.1, 1.2, 

or 1.3 explosives must be attended at all 

times, including during incidental 

69496 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Proposed Rules 

storage, unless the motor vehicle is 

located on the motor carrier’s property, 

the shipper or consignee’s property, or 

at a ‘‘safe haven’’ (49 CFR 397.5). 

Under the FMCSRs, a ‘‘safe haven’’ is 

defined as an area specifically approved 

in writing by Federal, State, or local 

government authorities for the parking 

of unattended vehicles containing 

Division 1.1, 1.2, and 1.3 explosive 

materials (49 CFR 397.5(d)(3)). The 

decision as to what constitutes a safe 

haven is generally made by the local 

competent authority having jurisdiction 

over the area. The FMCSRs do not 

include requirements for safety or 

security measures for safe havens. 

In addition, a motor vehicle 

containing a Division 1.1, 1.2, or 1.3 

explosive may not be parked on or 

within 5 feet of the traveled portion of 

a public highway or street; on private 

property without the consent of the 

person in charge of the property; or 

within 300 feet of a bridge, tunnel, 

dwelling, or place where people work or 

congregate unless for brief periods when 

parking in such locations is unavoidable 

(49 CFR 397.7(a)). 

VI. USCG Requirements Applicable to 

Explosives Storage 

The United States Coast Guard 

(USCG) issues regulations for the safe 

and secure handling and storage of 

explosives and other dangerous cargos 

that are within or contiguous to 

waterfront facilities. The USCG’s 

primary statutory authority is set forth 

in Title 46, U.S. Code, the Ports and 

Waterways Safety Act, 33 U.S.C. 1221, 

et seq., and the Espionage Act of 1917, 

as amended by the Magnuson Act of 

1950, 16 U.S.C. 1858, and most recently 

by the Maritime Transportation and 

Security Act of 2002, 46 U.S.C. 70108, 

in addition to Executive Orders and 

Coast Guard regulations implementing 

the statutory authorities. 

USCG Safety Regulations. The USCG 

regulations at 33 CFR part 126 establish 

requirements for designated waterfront 

facilities. Section 126.15 requires 

designated waterfront facilities that 

handle, store, stow, load, discharge, or 

transport dangerous cargo to meet 

specific conditions. The term 

‘‘dangerous cargo’’ is defined in § 126.3; 

it includes all of the hazardous 

materials subject to the HMR except for 

those subject to regulation only when 

transported by air. The conditions for 

designated waterfront facilities include: 

1. Fire extinguishing equipment, such 

as automatic sprinklers, hydrants, hose 

connections, and firefighting water 

supplies must be available and 

maintained in adequate quantities and 

locations. Fire extinguishing equipment 

must meet State and local laws. In the 

absence of applicable State and local 

laws, fire extinguishing equipment must 

meet NFPA 10, 13, 14, and 307. 33 CFR 

126.15(a)(1). 

2. Hydrants, standpipes, hose stations, 

fire extinguishers, and fire alarm boxes 

must be conspicuously marked and 

readily accessible according to NFPA 

10, 13, 14, and 307. 33 CFR 126.15(a)(2). 

3. Warning signs must be constructed 

and installed according to NFPA 307, 

chapter 7–8.7. 33 CFR 126.15(a)(3). 

4. If the facility transfers dangerous 

cargo between sunset and sunrise, it 

must have outdoor lighting that 

adequately illuminates the transfer work 

area. The lighting must be installed and 

maintained according to NFPA 70 and 

must be located or shielded so that it 

cannot be mistaken for an aid to 

navigation and does not interfere with 

navigation on waterways. 33 CFR 

126.15(a)(4). 

5. If the facility conducts cargo 

operations involving foreign-flag 

vessels, the facility must have an 

international shore connection meeting 

ASTM F–1121. 33 CFR 126.15(a)(5). 

6. Whenever dangerous cargo is 

transferred or stored on the facility, 

access to the facility must be limited to 

authorized personnel including: persons 

working on the facility or vessel; 

authorized delivery and service 

personnel; Coast Guard and other 

Federal, State, and local officials; local 

emergency personnel; and other persons 

authorized by the owner or operator of 

the facility. 33 CFR 126.15(a)(6). 

7. Guards must be stationed, or 

equivalent controls acceptable to the 

COTP must be used, to deter and detect 

unlawful entrance; to detect and report 

fire hazards, fires, and releases of 

dangerous cargoes and hazardous 

materials; to check the readiness of 

protective equipment; and to report 

other emergency situations at the 

facility. 33 CFR 126.15(a)(7). 

8. Coast Guard personnel must be 

allowed to enter the facility to conduct 

inspections or board vessels moored at 

the facility. 33 CFR 126.15(a)(8). 

9. When dangerous cargo is being 

transferred or stored on the facility, 

material handling equipment, trucks, 

and other motor vehicles operated by 

internal combustion engines must meet 

the requirements of NFPA 307, chapter 

9. 33 CFR 126.15(a)(9). 

10. Smoking is allowed on the facility 

where permitted under State or local 

law. Signs must be posted marking 

authorized smoking areas. ‘‘No 

Smoking’’ signs must be conspicuously 

posted elsewhere on the facility. 33 CFR 

126.15(a)(10). 

11. All rubbish, debris, and waste 

materials must be placed in adequate 

receptacles. 33 CFR 126.15(a)(11). 

12. The COTP may determine that any 

equipment, material, or standard is not 

reasonably adequate under the 

circumstances. If so, the COTP informs 

the owner or operator in writing and 

provides an opportunity for the owner 

or operator to have the deficiency 

corrected. 33 CFR 126.15(a)(12). 

13. When dangerous cargo is not in 

transport units, all cargo, freight, 

merchandise, and other items or 

material on the facility must be arranged 

to provide access for firefighting and 

clearance for fire prevention according 

to NFPA 307, chapter 8–5. 33 CFR 

126.15(b)(1). 

14. When dangerous cargo is not in 

transport units, the facility must have 

and maintain, in adequate quantities 

and locations, portable fire 

extinguishers that meet the 

requirements of NFPA 10. These 

extinguishers must be inspected and 

maintained in accordance with NFPA 

10. 33 CFR 126.15(b)(2). 

15. When dangerous cargo is not in 

transport units, all new electrical 

equipment and wiring installed on the 

facility must be of the same type and 

installed as specified under NFPA 70. 

All defective or dangerous electrical 

equipment and wiring must be promptly 

repaired, replaced, or permanently 

disconnected. 33 CFR 126.15(b)(3). 

16. When dangerous cargo is not in 

transport units, all open fires and openflame lamps are prohibited on the 

facility. Heating equipment must meet 

NFPA 307, chapter 9–4. 33 CFR 

126.15(b)(4). 

17. When dangerous cargo is not in 

transport units, hazardous material(s) 

used in the operation or maintenance of 

the facility may be stored only in 

amounts necessary for normal operating 

conditions. These materials must be 

stored in compartments that are remote 

from combustible material; constructed 

to provide safe storage; and kept clean 

and free of scrap materials, empty 

containers, soiled wiping rags, waste, 

and other debris. Flammable liquids 

must be stored according to NFPA 30, 

chapter 4. 33 CFR 126.15(b)(5). 

18. When dangerous cargo is in 

transport units, terminal yards must 

conform to the standards in NFPA 307, 

chapter 5. 33 CFR 126.15(c)(1). 

19. When dangerous cargo is in 

transport units, containers packed with 

dangerous cargo that are vertically 

stacked must be stacked no more than 

four high. 33 CFR 126.15(c)(2). 

A general permit for handling, storing, 

stowing, loading, discharging or 

transporting dangerous cargo (other than 

Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Proposed Rules 69497 

designated dangerous cargo) is granted 

by regulation to those waterfront 

facilities that comply with these 

conditions (33 CFR 126.27). The Captain 

of the Port is authorized to terminate or 

suspend the general permit for a facility 

whenever he deems that the security or 

safety of the port or vessels or facility 

requires it (33 CFR 126.31). Division 1.1 

and 1.2 explosive materials, further 

identified as ‘‘designated dangerous 

cargos,’’ may only be handled, loaded, 

discharged, or transported at waterfront 

facilities authorized by a permit issued 

by the Captain of the Port (33 CFR 

126.17). These Division 1.1 and 1.2 

explosive materials and certain other 

high-hazard materials may only be 

handled at a ‘‘facility of a particular 

hazard,’’ which must meet additional 

conditions for warning alarms (33 CFR 

126.16(b)). 

Anchorage Regulations. Another area 

of Coast Guard regulations that is 

related to the topic of storage of Class 1 

explosive materials in transportation is 

the Anchorage Regulations set forth in 

33 CFR part 110. In particular, Subpart 

B of Part 110 prescribes permitted 

explosives anchorage grounds for 

certain ports and places in the United 

States as well as conditions that may 

pertain to explosives laden vessels using 

those anchorage areas. 

USCG Security Requirements. On 

October 22, 2003 the United States 

Coast Guard published six final 

maritime security rules (68 FR 60448) 

applicable to certain vessels and 

facilities. The rules establish regulations 

for domestic maritime security that are 

based on the international maritime 

security standards in the International 

Convention for Safety of Life at Sea, 

1974, (SOLAS) and the new 

International Ship and Port Facility 

Security Code (ISPS Code). An 

important objective of the ISPS Code is 

to ensure that countries adopt 

compatible requirements so that a 

vessel’s compliance with one country’s 

standards does not prevent it from 

meeting the standards of another 

country. 

The Coast Guard’s final rules require 

owners and operators of certain classes 

of vessels and facilities to perform 

security assessments, develop security 

plans, and implement security measures 

and procedures to address the risk or 

mitigate the potential results of an act 

that results in a significant loss of life, 

environmental damage, transportation 

system disruption, or economic 

disruption in a particular area (33 CFR 

parts 104 and 105, respectively). These 

requirements apply to about 10,000 

vessels and about 5,000 facilities, 

including facilities that handle 

hazardous material. Foreign and 

domestic commercial and cargo vessels 

as well as barges transporting 

petroleum, other hazardous liquids, and 

certain other dangerous cargoes in bulk 

are covered by these rules. Vessel 

security plans must include measures 

for access control, restricted areas, 

handling cargo, delivery of vessel stores 

and bunkering, and monitoring. 

Security measures for each activity must 

be scaled to provide for increased levels 

of security at increased threat levels. 

For purposes of the USCG regulations, 

a ‘‘facility’’ is any structure or facility of 

any kind located in, on, under, or 

adjacent to any waters of the United 

States and used by a public or private 

entity, including any contiguous or 

adjoining property under common 

ownership or operation (33 CFR 

101.105). Facility security plans must 

include measures for access control, 

restricted areas, handling cargo, delivery 

of vessel stores and bunkering, and 

monitoring (33 CFR 105.405). Security 

measures for each activity must be 

scaled to provide for increased levels of 

security at increased threat levels (33 

CFR 105.230). Some additional security 

measures are prescribed for facilities 

that handle ‘‘certain dangerous cargoes’’

including Division 1.1, 1.2, and 1.5D 

explosives (33 CFR 105.295). 

In addition, the October 22, 2003 final 

rules: (1) Establish USCG Captains of 

the Ports as Federal Maritime Security 

Coordinators (33 CFR 103.200); (2) 

require the establishment of Area 

Maritime Security Committees (33 CFR 

103.300); and (3) mandate the 

development and implementation of 

Area Maritime Security Plans to address 

security of the infrastructure and 

operations of a port (33 CFR 103.500). 

The Area Maritime Security Plan is 

primarily a communication and 

coordination document. Core elements 

of the Area Maritime Security Plan 

include, but are not limited to: (1) 

Details of operational and physical 

measures that must be in place at all 

threat levels (33 CFR 103.505(a)); (2) 

expected timeframes for responding to 

security threats and changes to threat 

levels (33 CFR 103.505(g)); (3) 

communications procedures (33 CFR 

103.505(q)); (4) measures to enhance the 

security of vessels, facilities, and 

operations that are not covered by other 

security plan regulations or 

requirements (33 CFR 103.505(n)); (5) 

measures to protect the plan and related 

information (33 CFR 103.505(m)); (6) 

periodic review, audit, and updating 

procedures (33 CFR 103.505(j)); and (7) 

procedures for reporting security 

incidents (33 CFR 103.505(k)). 

VII. ATF Regulations 

Congress enacted Title XI of the 

Organized Crime Control Act of 1970 to 

protect interstate and foreign commerce 

against interference and interruption by 

reducing the hazard to persons and 

property arising from misuse and unsafe 

or insecure storage of explosive 

materials. Chapter 40 of the 1970 Act is 

entitled Importation, Manufacture, 

Distribution and Storage of Explosive 

Materials. The Bureau of Alcohol, 

Tobacco, Firearms, and Explosives 

(ATF) U.S. Department of Justice has 

been delegated the authority to enforce 

Chapter 40. ATF has promulgated 

regulations contained in 27 CFR part 

555 to implement its provisions. 

ATF regulations contain detailed 

provisions governing the storage of 

explosive materials. These storage 

regulations address numerous issues 

including: (1) A requirement to inspect 

storage facilities at least every seven 

days (27 CFR 555.204); (2) where 

magazines may be located (27 CFR 

555.206); (3) construction requirements 

of magazines, including locking 

mechanisms (27 CFR 555.207–211); (4) 

quantity restrictions and restrictions on 

the items that may be stored together (27 

CFR 555.213); and (5) distance 

restrictions (27 CFR 555.218–224). In 

addition, all theft or loss of explosive 

materials by licensees, permittees, 

carriers of explosives materials, and 

other persons must be reported to ATF 

within 24 hours of discovery (27 CFR 

555.30). 

Below we provide information on the 

explosives storage regulations found in 

27 CFR part 555, subpart K. For a 

thorough understanding of the 

regulatory requirements, we recommend 

you review the complete ATF 

regulations. 

1. Explosive materials fall into one of 

three classes—high explosives (i.e., 

Dynamite, Flash Powder, Bulk Salutes), 

low explosives (i.e., Black Powder, 

safety fuses, igniters, igniter cords, fuse 

lighters, and display fireworks), or 

blasting agents (i.e., Ammonium nitrate 

fuel oil and certain water gels). 27 CFR 

555.202. 

2. There are 5 types of explosives 

magazines. Type 1 magazines are 

permanent magazines for the storage of 

high explosives and all other classes of 

explosive materials. Type 2 magazines 

are mobile and portable indoor and 

outdoor magazines for the storage of 

high explosives and all other classes of 

explosive materials. Type 3 magazines 

are portable outdoor magazines for the 

temporary storage of high explosives 

while attended (for example, a 

‘‘daybox’’) and all other classes of 

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explosives materials. Type 4 magazines 

are magazines for the storage of low 

explosives. Blasting agents and 

detonators that will not mass detonate 

may be stored in type 4 magazines. Type 

5 magazines are for the storage of 

blasting agents. Type 4 and 5 magazines 

can be in the form of a trailer or semitrailer; however, they must be 

immobilized by removing the wheels or 

installing a kingpin locking device or 

other ATF approved method if they are 

left unattended. 27 CFR 555.203, 207–

211. 

3. The regulations specify magazine 

construction requirements including, 

but not limited to, walls, floors, 

foundations, roofs, bullet-resistant 

ceilings, doors, locks, and ventilation 

systems. 27 CFR 555.207–211. 

4. Any person who stores explosive 

materials must notify the authority 

having jurisdiction for fire and safety in 

the locality where the explosive 

materials are being stored of the type, 

magazine capacity, and location of each 

site where such explosives are being 

stored. 27 CFR 555.201(f). 

5. Smoking, matches, open flames, 

and spark producing devices are not 

permitted in any magazine, within 50 

feet of any outdoor magazine, or within 

any room containing an indoor 

magazine. 27 CFR 555.212. 

6. Magazines must be clean, dry, and 

free of grit, paper, empty packaging and 

containers, and rubbish. Cleaning 

utensils, which may be left in the 

magazines, cannot have sparkproducing metal parts. The surrounding 

area must be kept clear of rubbish, 

brush, dry grass, or trees for 25 feet in 

all directions. 27 CFR 555.215. 

7. Lighting in any explosives storage 

magazine must comply with the 

National Electrical Code (NFPA 70–81). 

Battery-activated safety lights may be 

used in explosive storage magazines. 27 

CFR 555.217. 

8. Explosive materials must be stored 

in accordance with the table of 

distances contained in the ATF 

regulations. 27 CFR 555.218–224. 

VIII. NFPA 498, Standard for Safe 

Havens and Interchange Lots for 

Vehicles Transporting Explosives 

The National Fire Protection 

Association (NFPA) has published 

standards for safe havens under NFPA 

498, Standard for Safe Havens and 

Interchange Lots for Vehicles 

Transporting Explosives. NFPA 498 was 

specifically designed to handle cargoes 

of explosive materials in a 

transportation setting. The standard is 

widely used and accepted by the 

explosives transportation industry and 

by Federal, State, and local 

governments. It addresses fire, theft, and 

explosion hazards of explosive materials 

in parked vehicles at safe havens and 

interchange lots. Detailed information 

on the provisions contained in NFPA 

498 is provided below: 

1. The term ‘‘explosives interchange 

lot’’ is defined as a specially designed 

safe area of a motor vehicle terminal 

where less-than-truckload lots of 

explosives can be held for transfer from 

one vehicle to another for continuance 

in transportation. The term ‘‘explosives 

motor vehicle facility’’ is defined as a 

designated area where motor vehicles 

transporting explosives can be parked, 

pending further movement in 

transportation. Such a facility can be a 

safe haven or interchange lot and can 

include maintenance shops, driver rest 

services, or any combination of these 

conveniences. The term ‘‘safe haven’’ is 

defined as a secured area specifically 

designated and approved in writing by 

local, State, or Federal governmental 

authorities for the parking of vehicles 

containing Division 1.1, Division 1.2, or 

Division 1.3 materials. NFPA 498 

section 1–3. 

2. A safe haven must be located in a 

secured area that is no closer than 300 

ft (91.5m) to a bridge, tunnel, dwelling, 

building, or place where people work, 

congregate, or assemble. The perimeter 

of the safe haven must be cleared of 

weeds, underbrush, vegetation, or other 

combustible materials for a distance of 

25 ft (7.6 m). The safe haven must be 

protected from trespassers by warning 

signs, gates, and patrols. NFPA 498 

sections 2–1.1, 2–1.2, 2–1.3, and 2–1.4. 

3. When vehicles carrying Division 

1.1, Division 1.2, or Division 1.3 

materials are parked in a safe haven, the 

entrance to the safe haven must be 

marked with this warning sign: 

DANGER NO SMOKING 

NEVER FIGHT EXPLOSIVE FIRES 

VEHICLES ON THIS SITE CONTAIN 

EXPLOSIVES 

CALL lllllllllllllll

The sign must be weatherproof with 

reflective printing, and the letters must 

be at least 2 in. high. NFPA 498 section 

2–1.4. 

4. The shipping paper for all 1.1, 1.2, 

and 1.3 materials and corresponding 

emergency response information must 

be presented to the guard patrolling the 

safe haven. NFPA 498 section 2–1.5.1. 

5. Vehicles will be inspected before 

they enter the safe haven. Any safety 

(e.g., hot tires, hot wheel bearings, hot 

brakes, any accumulation of oil or 

grease, any defects in the electrical 

system, or any apparent physical 

damage to the vehicle that could cause 

or contribute to a fire) or security threats 

that are identified by the inspector must 

be corrected before the vehicle is 

permitted to enter the safe haven. NFPA 

498 section 2–2.1. 

6. Trailers are to be positioned in the 

safe haven with spacing of not less than 

5 ft (1.5 m) maintained in all directions 

between parked trailers. Additionally, 

trailers may not be parked in a manner 

that would require their movement to 

move another vehicle. Immediately 

upon correctly positioning a loaded 

trailer the tractor must be disconnected 

and removed from the safe haven. NFPA 

498 sections 2–2.2 and 2–2.3. 

7. The explosives transport vehicles, 

including trailers, in the interchange lot 

must be maintained in the same 

condition as is required for highway 

transportation, including placarding. 

NFPA 498 section 2–2.4. 

8. Where a self-propelled vehicle 

loaded with explosives is parked in a 

safe haven it must be parked at least 25 

ft (7.6 m) from any other vehicles 

containing explosives, and must be in 

operable condition, properly placarded, 

and in a position and condition where 

it can be moved easily in case of 

necessity or emergency. NFPA 498 

section 2–2.5. 

9. No explosives may be transferred 

from one vehicle to another in a safe 

haven except in case of necessity or 

emergency. NFPA 498 section 2–2.6. 

10. No vehicle transporting other 

hazardous materials may be parked in a 

safe haven unless the materials being 

transported are compatible with 

explosives. NFPA 498 section 2–2.7. 

11. Except for minor repairs, no repair 

work involving cutting or welding, 

operation of the vehicle engine, or the 

electrical wiring may be performed on 

any vehicle parked in a safe haven that 

is carrying explosives. NFPA 498 

section 2–3.1. 

12. Except for firearms carried by law 

enforcement and security personnel 

where specifically authorized by the 

authority having jurisdiction, smoking, 

matches, open flames, spark-producing 

devices, and firearms are not permitted 

inside or within 50 ft (15.3 m) of the 

safe haven, loading dock, or interchange 

lot. NFPA 498 section 2–3.2. 

13. When any vehicle transporting 

explosives is parked in a safe haven, at 

least one trained person, 21 years of age 

or older, must be assigned to patrol the 

safe haven on a dedicated basis. Safe 

havens located on explosives 

manufacturing facilities or at motor 

vehicle terminals must employ other 

means of acceptable security such as 

existing plant or terminal protection 

systems or electronic surveillance 

devices. NFPA 498 section 2–4.1. 

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14. Where an area at the loading dock 

is designated for the temporary holding 

of explosives in a trailer, it must not be 

located within 50 ft (15.3 m) of a fire 

hazard such as an area where smoking 

is permitted, where hot work is being 

done, or where combustible or 

flammable materials are present. NFPA 

498 section 3–1.3. 

15. Explosives delivered to the 

interchange lot by a connecting carrier 

must be retained in the trailer at a 

designated section of the loading dock, 

or the trailer must be parked in an 

isolated area of the interchange lot, or 

the explosives must be placed in the 

holding facility. NFPA 498 section 3–

2.2. 

16. Explosives may not be retained on 

the lot, either in a trailer or holding 

facility, for a period longer than 

necessary, but in no case for more than 

100 hours. NFPA 498 section 3–2.4. 

IX. Institute of Makers of Explosives 

Safety Library Publication No. 27, 

‘‘Security in Manufacturing, 

Transportation, Storage and Use of 

Commercial Explosives’’

In January of 2005 the Institute of 

Makers of Explosives (IME) published 

recommended guidelines (SLP–27) for 

the manufacture, sale and distribution, 

transportation, storage, and use of Class 

1 materials. SLP–27 establishes a best 

practices guideline for the 

transportation of explosives by highway 

and vessel. Specifically, it provides 

detailed transportation information on 

security plans, training, loading, and 

unloading requirements as they apply to 

shipments of explosives transported by 

highway or vessel. Following is a list of 

the significant transportation related 

requirements contained in the IME 

publication, ‘‘Security in 

Manufacturing, Transportation, Storage 

and Use of Commercial Explosives.’’

Transportation by Highway or Vessel 

1. Those persons transporting 

explosives must be properly trained and 

shipments must comply with DOT 

security plan requirements, as 

applicable. SLP–27 section 3.1. 

2. Loading of stored materials or 

materials that are manufactured and 

immediately transported should be done 

as conspicuously as possible and 

without undue delay. SLP–27 section 

3.2. 

3. Unloading and placement of 

explosives in proper storage should be 

completed upon arrival at the final 

destination. SLP–27 section 3.3. 

Transportation by Highway 

1. For international shipments carriers 

should participate in the U.S. Customs 

and Boarder Protection Free and Secure 

Trade (FAST) program. In addition, 

carriers should plan to avoid any 

unnecessary delays at border crossings. 

SLP–27 section 3.4.1. 

2. Cross docking and trailer transfers 

should be done in secure areas. SLP–27 

section 3.4.1.2. 

3. Safe havens should be operated in 

accordance with the current edition of 

NFPA 498 and be reviewed by each 

carrier’s safety department prior to use. 

SLP–27 section 3.4.2. 

4. If at all possible congested areas 

and rush hour traffic should be avoided. 

SLP–27 section 3.4.3. 

5. Parking or stopping of the vehicle 

should be kept to a minimum, but if 

necessary must conform to the 

requirements in 49 CFR part 397. SLP–

27 section 3.4.4. 

6. For Division 1.1, 1.2, and 1.3 

materials, a trained and authorized 

person that is capable of moving the 

vehicle must be in attendance at all 

times. SLP–27 section 3.4.5. 

7. Cargo compartments should be 

locked and sealed with the 

corresponding seal numbers recorded 

on the shipping paper. SLP–27 section 

3.4.6. 

8. A route plan, that includes all 

stops, must be prepared for Division 1.1, 

1.2, and 1.3 materials in accordance 

with 49 CFR 397.67(d). SLP–27 section 

3.4.7. 

9. A dual driver program should be 

used for certain materials if the 

shipment cannot be completed within a 

single driver’s hours-of-service. SLP–27 

section 3.4.8. 

10. Only vehicles capable of two way 

communication or those equipped with 

a two-way GPS system should be used 

for the transportation of Class 1 

materials. In addition, shipments that 

are longer than 11 hours in duration 

should be monitored by GPS or by an 

equivalent tracking system. SLP–27 

section 3.1.9. 

11. A battery disconnect switch or 

steering wheel lock should be installed 

on vehicles transporting Class 1 

materials. SLP–27 section 3.4.10. 

12. If mechanical problems occur the 

driver should contact dispatch, proceed 

to the safest possible location, and 

always stay with the vehicle. SLP–27 

section 3.4.11. 

13. The driver should not stop to 

render aid to others. SLP–27 section 

3.4.11.3. 

14. If an incident occurs the driver 

should contact dispatch and State law 

enforcement officials immediately. SLP–

27 section 3.4.11.2. 

Transportation by Vessel 

1. Division 1.1, 1.2, and 1.3 materials 

should be staged in a safe haven or area 

designated by the Captain of the Port 

(COTP). SLP–27 section 3.5.1. 

2. A qualified individual should serve 

as the Responsible Safety and Security 

Individual (RSSI). The RSSI should be 

present when Division 1.1, 1.2, or 1.3 

materials are handled at the berth. SLP–

27 section 3.5.2. 

3. Emergency response plans should 

be consistent with those described in 29 

CFR 1910.120(q) and 33 CFR. SLP–27 

section 3.5.3.1. 

4. The facility operator should 

develop an emergency response plan for 

the facility, a copy of which should be 

distributed to the RSSI, port authority, 

regulatory authority, and master of the 

ship. In addition, the facility operator 

should notify the local authorities of the 

net explosive quantity at least 24-hours 

in advance of the expected handling 

dates. SLP–27 section 3.5.3.4. 

5. The vessel operator should 

maintain the vessel in a manner that 

would allow for immediate departure, 

should the need arise. SLP–27 section 

3.5.3.5. 

6. The emergency response plans for 

the ship and waterfront facility should 

be consistent. SLP–27 section 3.5.3.6. 

7. The RSSI should ensure that the 

shipping papers accurately indicate the 

total amount of Class 1 materials on the 

vessel. SLP–27 section 3.5.6. 

8. For loading and unloading the RSSI 

should have a list of each container or 

trailer and confirm that each is on the 

list. SLP–27 sections 3.5.7.1 and 3.5.8.1. 

9. Loading and unloading should be 

done in a manner that does not cause 

undue delay and minimizes the amount 

of time explosives are in the berth. SLP–

27 sections 3.5.7.4 and 3.5.8.5. 

10. The facility operator should 

inspect packages of Class 1 material for 

evidence of unauthorized entry. If such 

evidence exists the facility operator 

should contact the RSSI. SLP–27 section 

3.5.8.6. 

11. Only the motor vehicles required 

to load or unload the explosives are 

allowed in the berth or inside the 

warehouse. The drivers should stay in 

the immediate vicinity of their vehicles. 

Division 1.1, 1.2, and 1.3 materials 

should be attended at all times. SLP–27 

section 3.5.9. 

12. To maintain safety and security 

Division 1.1, 1.2, and 1.3 shipments that 

involve the use of multiple shippers and 

carriers should be planned in advance 

and coordinated with facility operator. 

SLP–27 section 3.5.11. 

13. The RSSI should maintain contact 

with the U.S. Coast Guard, master of the 

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ship and facility operator, and the motor 

carrier when Class 1 materials are being 

handled. SLP–27 section 3.5.12. 

14. When Class 1 materials are in the 

berth only the personnel needed to do 

the job in a safe and secure manner 

should be present. SLP–27 section 

3.5.13.3. 

15. Waterfront facilities that handle 

explosives should meet the standards 

for interchange lots found in NFPA 498. 

SLP–27 section 3.5.13.4. 

X. SDDC Freight Traffic Rules 

Publication No. 1C 

The Department of Defense (DOD) has 

published standards for nongovernment safe havens used for 

commercial shipments of DOD 

munitions made under the provisions of 

Surface Deployment and Distribution 

Command (SDDC) Freight Traffic Rules 

Publication No. 1C (MFTRP No. 1C). 

The rules apply to DOD shipments of 

explosives. Following is a list of key 

requirements in MFTRP No. 1C that 

apply to explosives stored during 

transportation: 

1. The rules outlined in Section 4, 

Part A apply to explosives classified as 

Division 1.1, 1.2, 1.3, and 1.4. MFTRP 

No. 1C—Item 300. 

2. When a shipment arrives at an 

installation during other than consignee 

designated hours a temporary holding 

area will be provided for shipments. 

The installation will provide safety and 

security protection as outlined in Part II, 

Chapter 205 of the Defense 

Transportation Regulation (DTR). 

MFTRP No. 1C—Item 305. 

3. Secure holding in the event of 

emergencies, such as when shipments of 

Class 1, Division 1.1, 1.2, 1.3, or 1.4 (A, 

B, or C) materials are endangered by 

civil disturbance or natural disaster or 

prevented from proceeding to 

destinations by circumstances beyond 

the control of the carrier. Secure holding 

requirements: 

a. The carrier will notify the 

consignor and consignee of the delay. 

b. Shipments must be removed from 

secure holding as soon as the shipment 

is no longer endangered. 

c. Vehicles in a secure holding will be 

parked inside an appropriate security 

area (fenced area). 

d. Installation security will be 

extended when required to provide 

reasonable protection. 

e. Shipping documents will be 

examined to prevent surreptitious entry 

of any unauthorized shipments into the 

installation. 

f. Installation personnel will 

determine if carrier personnel will 

remain with the vehicle for constant 

surveillance. 

g. Inspection provisions will be 

applied. 

h. For parking lots and rail yards the 

compatibility restrictions and quantitydistance requirements of DOD Manual 

6055.9 STD must be applied. MFTRP 

No. 1C—Item 310. 

4. Terminal Security Standards. The 

carrier must maintain a comprehensive 

security plan including facility security. 

Diagram of the terminal that shows 

controlled and restricted areas, security 

force locations, surveillance equipment 

locations, and implementation 

procedures for the plan. Included in the 

plan are the following: 

a. Access Control. 

b. Guard Force standards, 

qualification, training, equipment. 

c. Fencing. 

d. Lighting. 

e. Barriers (e.g., jersey concrete 

barriers, etc.). 

f. Key and lock control. 

g. Emergency communications. 

h. Emergency power. 

i. Emergency response forces. 

j. Procedures for response to 

terrorism/criminal threats or other 

emergencies. 

Small arms, ammunition and 

explosives must be afforded double 

barrier protection. General terminal 

areas will be designated ‘‘controlled 

areas’’ and surrounded by a perimeter 

fence to limit access. Secure trailer and/ 

or drom parking areas will be 

designated ‘‘restricted areas’’ and will 

be located within the established 

controlled area. The restricted area will 

be located in a revetment area protected 

by an earth-graded berm a minimum of 

20 feet in height. The restricted area will 

also be protected by its own perimeter 

fence located on top of the earth-graded 

berm. The entrance into the restricted 

area will be constructed in such a way 

that it prevents a straight drive/view 

into the parking area. Since the guards 

do not have direct unobstructed view of 

the entire area, the restricted area will 

have a color Closed Circuit Television 

(CCTV) system to provide enhanced 

security over the parking area. 

Administrative buildings that are 

located within the terminal, 

maintenance facilities and terminal 

guard stations will be included within 

the controlled area and provided CCTV 

coverage. Structures used by security 

forces will be of substantial construction 

(i.e. masonry or shielded) to mitigate 

any threat from small arms fire. Warning 

signs must be posted at each entry point 

and along the terminal perimeter where 

they can be easily seen and understood 

by anyone approaching the terminal 

facility. In areas where English is one of 

two or more languages commonly 

spoken, warning signs will contain the 

local language in addition to English. 

The wording of the signs will denote 

warning of a restricted area. Warning 

signs will be posted at intervals not to 

exceed 100 feet. MFTRP No. 1C—Item 

312. 

5. These provisions are very similar to 

the safe haven requirements found in 

NFPA 498. They provide the minimum 

required safety standards for 

commercial carrier terminals to handle 

Division 1 ammunition and explosives. 

This Item requires carriers to have a 

comprehensive site plan. The terminal 

must be approved by a State or local 

HAZMAT approving authority. The 

terminal must have a clear zone of 20 

feet inside and 20 feet outside of the 

perimeter that is clear of weeds, brush, 

vegetation or other combustible 

material. No smoking signs that include 

the emergency response number to call 

in the event of a fire. Terminal 

employees must be informed of the 

hazard classification of explosives and 

the danger posed to them. Vehicle that 

can move explosive trailers must be 

kept in terminal at all times. Fire 

protection equipment must be provided. 

Vehicles must undergo a safety 

inspection. Spacing of 5 feet is required 

between parked trailers. The trailers 

must be maintained in highway 

condition. No vehicle transporting other 

hazardous materials, including 

commercial explosives, must be parked 

in a terminal unless the materials being 

transported are compatible with 

explosives. No repair work, no smoking 

or spark producing devices, and no 

electrical lines closer then the length of 

the lines. MFTRP No. 1C—Item 314. 

XI. Comments 

Shippers and carriers of explosives 

and other high-hazard materials are 

urged to carefully consider the 

implications of incorporating these 

governmental and industry standards 

into the HMR. We urge you to consider 

the effects on transportation safety and 

security at explosives storage facilities 

and the effects on the intermodal 

transportation of explosives. 

Commenters should be aware that the 

information and data generated in 

response to this ANPRM could result in 

a notice of proposed rulemaking that 

would apply more generally to shippers 

and carriers of explosives and other 

high-hazard materials. We invite 

commenters to submit data and 

information on: 

1. The effectiveness of different types 

of safety and security measures. 

2. The costs involved with 

implementing specific safety and 

security measures. 

Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Proposed Rules 69501 

3. The related safety or productivity 

benefits that would help offset costs. 

4. The effect that implementing 

specific safety and security measures 

will have on the human environment. 

5. Ways or incentives that may be 

appropriate to consider in promoting 

adoption of safety and security 

measures in conjunction with or 

separate from general regulatory 

requirements. 

6. The overall safety and security of 

safe havens for temporary storage during 

transportation, including suggestions for 

improving security at safe havens or 

alternatives to the use of safe havens. 

7. The conditions and circumstances 

under which temporary storage in safe 

havens should be required. 

8. Whether specific safety and 

security measures should be limited to 

certain explosives and, if so, which 

explosives might warrant specific 

security or safety measures (i.e., to 

which explosives in Division 1 through 

Division 6 and in what quantity should 

these measures apply). 

9. Whether enhanced safety or 

security requirements for storage during 

transportation should also apply to 

other types of hazardous materials (e.g., 

materials toxic by inhalation) and, if so, 

which hazardous materials. 

10. Whether enhanced safety or 

security requirements for storage during 

transportation should apply to 

transportation by all modes or only 

certain specified forms of transportation 

(e.g., railroad, highway, etc.). 

11. Whether we should consider 

aggregation limits on the storage of 

explosives and other high-hazard 

materials at a single facility during 

transportation. 

12. Whether we should consider 

limits on the time that a shipment of 

explosives or other high-hazard 

materials could be stored during 

transportation. 

13. Whether shipping documents 

should indicate that a shipment will be 

stored at a safe haven or other facility 

during transportation. 

14. Whether the regulations and 

standards outlined in this ANPRM can 

be transformed into multimodal storage 

requirements for the transportation of 

explosives. 

15. Whether there are additional 

standards, other than those outlined 

above, that we should take into 

consideration. 

16. Whether development of an 

industry or consensus standard or 

regulation should be pursued in this 

area. 

We are particularly interested in 

comments from explosives shippers and 

carriers and State governments 

regarding their experiences with safe 

havens. We would like to know if State 

and local governments have concerns 

regarding the use of safe havens in and 

around their communities, including 

possible economic impacts of terrorist 

activities or accidents. We would like 

information on the benefits realized, the 

costs incurred, any technical or 

practical difficulties encountered, and 

other real-world experience gained from 

transporting or regulating the 

transportation of explosives as it relates 

to safe havens. 

XII. Regulatory Notices 

A. Executive Order 12866: Regulatory 

Planning and Review 

Executive Order 12866 requires 

agencies to regulate in the ‘‘most costeffective 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.’’ We 

therefore request comments, including 

specific data if possible, concerning the 

costs and benefits that may be 

associated with adoption of specific 

security and storage requirements for 

carriers that include explosives storage 

as part of their transportation cycle. 

B. Executive Order 13132: Federalism 

Executive Order 13132 requires 

agencies to assure meaningful and 

timely input by State and local officials 

in the development of regulatory 

policies that may have a substantial, 

direct effect 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. We invite State 

and local governments with an interest 

in this rulemaking to comment on the 

effect that adoption of specific storage 

and security requirements for carriers 

that transport and store explosives in 

commerce may have on State or local 

safety or environmental protection 

programs. 

C. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175 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 

and that impose ‘‘substantial and direct 

compliance costs’’ on such 

communities. We invite Indian tribal 

governments to provide comments as to 

the effect that adoption of specific 

storage and security requirements for 

explosives that are transported in 

commerce may have on Indian 

communities. 

D. Regulatory Flexibility Act 

Under the Regulatory Flexibility Act 

of 1980 (5 U.S.C. 601 et seq.), we must 

consider whether a proposed rule would 

have a significant economic impact on 

a substantial number of small entities. 

‘‘Small entities’’ include small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations under 50,000. If your 

business or organization is a small 

entity and if adoption of specific storage 

requirements applicable to explosvies 

transported in commerce could have a 

significant economic impact on your 

operations, please submit a comment to 

explain how and to what extent your 

business or organization could be 

affected. 

E. National Environmental Policy Act 

The National Environmental Policy 

Act of 1969 (NEPA) requires Federal 

agencies to consider the consequences 

of major Federal actions and that they 

prepare a detailed statement on actions 

significantly affecting the quality of the 

human environment. Interested parties 

are invited to address the potential 

environmental impacts of regulations 

applicable to the storage of explosives 

transported in commerce. We are 

particularly interested in comments 

about safety and security measures that 

would provide greater benefit to the 

human environment, or on alternative 

actions the agency could take that 

would provide beneficial impacts. 

F. Statutory/Legal Authority for This 

Rulemaking 

This rulemaking is issued under 

authority of the Federal hazardous 

materials transportation law (49 U.S.C. 

5101 et seq.), which authorizes the 

Secretary of Transportation to prescribe 

regulations for the safe transportation, 

including security, of hazardous 

materials in interstate, intrastate, and 

foreign commerce. 

G. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This rulemaking is considered a 

significant regulatory action under 

section 3(f) of Executive Order 12866 

and the Regulatory Policies and 

Procedures of the Department of 

Transportation (44 FR 11032). This 

ANPRM was reviewed by the Office of 

Management and Budget. 

69502 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Proposed Rules 

E.O. 12866 requires 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.’’ We 

therefore request comments, including 

specific data if possible, concerning the 

costs and benefits of incorporating 

requirements for the storage of 

explosives and other high-hazard 

materials during transportation into the 

HMR. 

H. Regulation Identifier Number (RIN) 

The Department of Transportation 

assigns a regulation identifier number 

(RIN) 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 number contained in the 

heading of this document may be used 

to cross-reference this action with the 

Unified Agenda. 

I. Privacy Act 

Anyone is able to search the 

electronic form for all comments 

received into any of our dockets by the 

name of the individual submitting the 

comments (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) of you may visit http:// 

dms.dot.gov. 

Issued in Washington, DC, on November 

10, 2005, under authority delegated in 49 

CFR part 106. 

Robert McGuire, 

Associate Administrator for Hazardous 

Materials Safety. 

[FR Doc. 05–22751 Filed 11–15–05; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 051028280–5280–01; I.D. 

102105A] 

RIN 0648–AT11 

Fisheries Off West Coast States and in 

the Western Pacific; Coastal Pelagic 

Species Fisheries; Amendment 11 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS issues this proposed 

rule to implement Amendment 11 to the 

Coastal Pelagic Species (CPS) Fishery 

Management Plan (FMP) which would 

change the framework for the annual 

apportionment of the Pacific sardine 

harvest guideline along the U.S. Pacific 

coast. The purpose of the proposed rule 

is to achieve optimal utilization of the 

Pacific sardine resource and equitable 

allocation of the harvest opportunity for 

Pacific sardine. 

DATES: Comments must be received by 

December 16, 2005. 

ADDRESSES: You may submit comments 

on this proposed rule identified by I.D. 

102105A by any of the following 

methods: 

• E-mail: 0648–AT11.SWR@noaa.gov. 

Include I.D. 102105A in the subject line 

of the message. 

• Federal e-Rulemaking portal:http:// 

www.regulations.gov Follow the 

instruction for submitting comments. 

• Fax: (562) 980–4047. 

• Mail: Rodney R. McInnis, Regional 

Administrator, Southwest Region, 

NMFS, 501 West Ocean Boulevard, 

Suite 4200, Long Beach, California 

90802. 

For copies of Amendment 11 entitled 

Allocation of the Pacific Sardine 

Harvest Guideline Amendment 11 to the 

Coastal Pelagic Species fishery 

Management Plan, and the 

accompanying environmental 

assessment/initial regulatory flexibility 

analysis/regulatory impact review (EA/ 

IRFA/RIR) may be obtained at the 

address above. 

FOR FURTHER INFORMATION CONTACT: 

Joshua Lindsay, Southwest Region, 

NMFS, (562) 980–4034. 

SUPPLEMENTARY INFORMATION: Pacific 

sardines are managed pursuant to the 

CPS FMP, which was implemented by 

regulations published at 64 FR 69893, 

December 15, 1999. According to the 

original allocation scheme in the CPS 

FMP, the annual harvest guideline for 

Pacific sardine was allocated two-thirds 

south of Pt. Piedras Blancas, California 

(35° 40′ N. lat.) (a point south of 

Monterey, California, which included 

the fishery in Southern California) and 

one-third north (included fisheries in 

Monterey, California, Oregon, and 

Washington), beginning annually on 

January 1. On October 1, the harvest 

guideline remaining in each subarea 

was added together, then divided 

equally between the two areas. 

In 2002, the northern allocation was 

reached before October 1, which 

required closure of the fishery while 

significant amounts of Pacific sardine 

remained unharvested in the south (67 

FR 58733, September 18, 2002). Rough 

ocean conditions in the Pacific 

Northwest beginning in October makes 

fishing for Pacific sardine with a purse 

seine gear difficult or impossible. Thus, 

even if the harvest of Pacific sardine 

were provided to fisheries in the Pacific 

Northwest after October 1, it would not 

likely be obtained because the rough 

ocean conditions along the coast during 

that time would preclude fishing for 

Pacific sardine. Because the Pacific 

sardine fisheries off Oregon and 

Washington would be virtually over by 

October, the Pacific Fishery 

Management Council (Council) 

requested an emergency rule to make 

the required allocation in 2002 earlier 

than October 1, to avoid losses in jobs 

and revenue. An emergency rule was 

implemented on September 26, 2002 (67 

FR 60601), that reallocated the harvest 

guideline and reopened the fishery. 

The CPS FMP established a limited 

entry fishery south of Pt. Arena, 

California (39° N. lat.), which was a 

point north of San Francisco, California. 

An open access fishery existed north of 

Pt. Arena, California made up of Pacific 

sardine fisheries off Northern California, 

Oregon, and Washington. 

When the CPS FMP was implemented 

no Pacific sardine fishery in Oregon and 

Washington existed. The Council 

adopted the allocation procedure 

included in the CPS FMP to protect the 

Monterey, California fishery (in the 

northern subarea or Subarea A) from the 

possibility of the fishery in Southern 

California (in the southern subarea or 

Subarea B) catching the entire harvest 

guideline before Pacific sardine became 

available in Monterey. As a result of the 

FMP’s allocation procedure, a fishing 

pattern developed whereby Pacific 

sardine was caught by the Southern 

California fleet at the beginning of the 

year, by the Pacific Northwest fleet in 

the summer, and by the Monterey fleet 

in the fall. The fishing pattern led to the 

possibility that the fishery in the 

northern subarea might preempt the 

fishery in the southern subarea. If 

Pacific sardine remained unharvested in 

either subarea following the reallocation 

on October 1, the FMP did not provide 

a procedure to make further 

reallocations to any subarea to increase 

the likelihood of achieving optimum 

yield (OY) in the Pacific sardine fishery. 

The Council recognized that a process 

with more flexibility for making 

allocation decisions was needed. 

Therefore, the Council considered 

amending the framework process for 

implementing the CPS FMP found at 50