81 FR 83190 - Hazardous Materials: PIPES Act Requirements for Identification Numbers on Cargo Tanks Containing Petroleum Based Fuel

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 81, Issue 224 (November 21, 2016)

Page Range		83190-83195
FR Document		2016-27911

PHMSA is publishing this advance notice of proposed rulemaking (ANPRM) in response to the Protecting our Infrastructure of Pipelines and Enhancing Safety (PIPES) Act of 2016, which reauthorizes the pipeline safety program and requires a number of reports and mandates. The PIPES Act requires PHMSA to take regulatory actions to establish minimum safety standards for underground natural gas storage facilities; to update the minimum safety standards for permanent, small scale liquefied natural gas pipeline facilities; and to publish an ANPRM to address a petition for rulemaking proposing hazardous materials regulations related to the marking of identification numbers on cargo tanks. This ANPRM specifically addresses the PIPES Act requirement applicable to the petition for rulemaking related to the marking of identification numbers on cargo tanks. PHMSA will consider the comments, data, and information received in any future action related to the petition.

Federal Register, Volume 81 Issue 224 (Monday, November 21, 2016)

[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Proposed Rules]
[Pages 83190-83195]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-27911]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 172

[Docket No. PHMSA-2016-0079 (HM-213E)]
RIN 2137-AF25

Hazardous Materials: PIPES Act Requirements for Identification
Numbers on Cargo Tanks Containing Petroleum Based Fuel

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

ACTION: Advance notice of proposed rulemaking (ANPRM).

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SUMMARY: PHMSA is publishing this advance notice of proposed rulemaking
(ANPRM) in response to the Protecting our Infrastructure of Pipelines
and Enhancing Safety (PIPES) Act of 2016, which reauthorizes the
pipeline safety program and requires a number of reports and mandates.
The PIPES Act requires PHMSA to take regulatory actions to establish
minimum safety standards for underground natural gas storage
facilities; to update the minimum safety standards for permanent, small
scale liquefied natural gas pipeline facilities; and to publish an
ANPRM to address a petition for rulemaking proposing hazardous
materials regulations related to the marking of identification numbers
on cargo tanks. This ANPRM specifically addresses the PIPES Act
requirement applicable to the petition for rulemaking related to the
marking of identification numbers on cargo tanks. PHMSA will consider
the comments, data, and information received in any future action
related to the petition.

DATES: Comments must be received by February 21, 2017.

ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2016-0079 (HM-213E) through any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Fax: 1-202-493-2251.
Mail: Docket Management System, U.S. Department of
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, Ground Floor, Room W12-140 in the West Building, 1200
New Jersey Avenue SE., Washington, DC 20590,

[[Page 83191]]

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 (PHMSA-2016-0079) or RIN (2137-AF25) for this notice at
the beginning of the comment. Note that all comments received will be
posted without change to the docket management system, including any
personal information provided. If sent by mail, comments must be
submitted in duplicate. Persons wishing to receive confirmation of
receipt of their comments must include a self-addressed stamped
postcard.
Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 [45 FR 19477] or you
may visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Steven Andrews, (202) 366-8553, Office
of Hazardous Materials Standards, 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. Executive Summary
II. Objective of This ANPRM
III. Petitions Being Addressed (P-1667 and P-1668)
IV. Background Information
A. Rulemakings
B. Letters of Interpretation
V. Comments and Questions
A. General Questions
B. Safety Questions
C. Policy Analysis Questions
VI. Regulatory Analysis
A. Executive Order 12866, Executive Order 13563, and DOT
Regulatory Policies and Procedures
B. Executive Order 13132
C. Executive Order 13175
D. Regulatory Flexibility Act, Executive Order 13272, and DOT
Policies and Procedures
E. Paperwork Reduction Act
F. National Environmental Policy Act
G. Privacy Act
H. Executive Order 13609 and International Trade Analysis
I. Statutory/Legal Authority for This Rulemaking
J. Regulation Identifier Number (RIN)

I. Executive Summary

On November 12, 2015, PHMSA received a petition for rulemaking from
the Commercial Vehicle Safety Alliance (CVSA) proposing amendments to
the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180)
applicable to the marking of cargo tanks transporting petroleum
distillates. In an acknowledgment letter dated November 10, 2015, PHMSA
assigned the CVSA petition to Petition Number P-1667 \1\ (P-1667 or the
petition; Docket No: PHMSA-2015-0219). Subsequently, on November 24,
2015, PHMSA received another petition for rulemaking from the American
Trucking Association (ATA) proposing amendments to the HMR; this
petition is also applicable to the marking of cargo tanks transporting
petroleum distillates. In an acknowledgement letter dated November 25,
2015, PHMSA assigned the ATA petition to Petition Number P-1668 \2\ (P-
1668 or the petition; Docket No: PHMSA-2015-0251).
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\1\ See P-1667 docket at the following URL: https://www.regulations.gov/docket?D=PHMSA-2015-0219.
\2\ See P-1668 docket at the following URL: https://www.regulations.gov/docket?D=PHMSA-2015-0251.
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In this ANPRM, PHMSA outlines issues raised by these two petitions
and discusses the background relevant to the marking of cargo tanks
containing petroleum distillates. PHMSA further poses a series of
questions and solicits public comment to determine the best practice
for addressing the issues outlined in these two petitions.

II. Objective of This ANPRM

Federal hazardous materials transportation law (49 U.S.C. 5101 et
seq.) authorizes the Secretary of Transportation to ``prescribe
regulations for the safe transportation, including security, of
hazardous materials in intrastate, interstate, and foreign commerce.''
See 49 U.S.C. 5103(b)(1). The Secretary has delegated this authority to
PHMSA in 49 CFR 1.97(b). The HMR are designed to achieve three primary
goals:
(1) To help ensure that hazardous materials are packaged and
handled safely and securely during transportation;
(2) to provide effective communication to transportation workers
and emergency responders of the hazards of the materials being
transported; and
(3) to minimize the consequences of an incident should one occur.
The hazardous material regulatory system is a risk management
system that is prevention-oriented and focused on identifying a safety
or security hazard and reducing the probability and quantity of a
hazardous material release.
Under the HMR, hazardous materials are categorized into hazard
classes and packing groups based on analysis of and experience with the
risks they present during transportation. The HMR do the following:
(1) Specify appropriate packaging and handling requirements for
hazardous materials based on this classification, and require a shipper
to communicate the material's hazards through the use of shipping
papers, package marking and labeling, and vehicle placarding;
(2) require shippers to provide emergency response information
applicable to the specific hazard or hazards of the material being
transported; and
(3) mandate training requirements for persons who prepare hazardous
materials for shipment or transport hazardous materials in commerce.
The HMR also include operational requirements applicable to each
mode of transportation.
The Administrative Procedure Act (APA), 5 U.S.C. 551 et seq.,
requires Federal agencies to give interested persons the right to
petition an agency to issue, amend, or repeal a rule. See 5 U.S.C.
553(e). In accordance with PHMSA's rulemaking procedure regulations in
49 CFR part 106, interested persons may ask PHMSA to add, amend, or
repeal a regulation by filing a petition for rulemaking along with
information and arguments that support the requested action. See 49 CFR
106.95. The issues being considered under this ANPRM are derived
specifically from petitions submitted to PHMSA by CVSA and ATA
regarding the marking of cargo tanks transporting distillate fuels.
On June 22, 2016, President Barack Obama signed the Protecting our
Infrastructure of Pipelines and Enhancing Safety (PIPES) Act, which in
part requires PHMSA to publish an ANPRM to address P-1667 related to
the marking of identification numbers on cargo tanks. See Public Law
114-183. Section 15 of the PIPES Act reads as follows:

EC. 15. HAZARDOUS MATERIALS IDENTIFICATION NUMBERS.
Not later than 90 days after the date of enactment of this Act,
the Secretary of Transportation shall issue an advanced notice of
proposed rulemaking to take public comment on the petition for
rulemaking dated October 28, 2015, titled ``Corrections to Title 49
CFR 172.336 Identification numbers; special provisions'' (P-1667).

[[Page 83192]]

As mandated by section 15 of the PIPES Act, the objective of this
ANPRM is to solicit comments on P-1667. It further solicits comments on
the related petition for rulemaking, P-1668.

III. Petitions Being Addressed (P-1667 and P-1668)

Through P-1667 and P-1668, the CVSA and ATA, respectively, asked
PHMSA to revise Sec. 172.336(c) of the HMR. In P-1667, CVSA proposed
that PHMSA reinstate language that existed in Sec. 172.336(c)(4) and
(5) prior to the publication of the HM-219 final rule [78 FR 14702] on
March 7, 2013. Prior to HM-219, the paragraphs in Sec. 172.336(c)(4)
and (5) read as follows:

(4) For each of the different liquid petroleum distillate fuels,
including gasoline, in a compartmented cargo tank or tank car, if
the identification number is displayed for the distillate fuel
having the lowest flash point. After October 1, 2000, if a
compartmented cargo tank or tank car contains such fuels together
with a gasoline and alcohol fuel blend containing more than ten
percent ethanol, the identification number ``3475'' or ``1987'' must
also be displayed as appropriate in addition to the identification
number for the liquid petroleum distillate fuel having the lowest
flash point.
(5) For each of the different liquid petroleum distillate fuels,
including gasoline transported in a cargo tank, if the
identification number is displayed for the liquid petroleum
distillate fuel having the lowest flash point.

CVSA indicated in its petition that the current regulations, as
revised by the HM-219 final rule, are inconsistent with the previous
requirements. CVSA further noted that the table in Sec. 172.336 has
created confusion and lack of uniformity for industry, enforcement, and
first responders in regard to the display of identification numbers on
multi-compartmented cargo tanks containing different petroleum
distillate fuels.
In P-1668, ATA proposed removing the requirement to display the
identification number of the petroleum distillate with the lowest
flashpoint, in addition to the identification number for the fuel blend
as ``3475'' or ``1987,'' on a multi-compartmented cargo tank carrying
an alcohol fuel blend with more than 10 percent ethanol. ATA further
noted that its comments to the HM-218D final rule [73 FR 4699] that was
published on January 28, 2008, suggested a uniform marking for all
gasoline and gasoline/alcohol fuel blends, as well as an update to the
Emergency Response Guide (ERG) requiring alcohol-resistant foam for all
releases. ATA noted that PHMSA disagreed with this statement at the
time because ``the new shipping description for gasoline/ethanol fuel
blends would enhance emergency responders'' ability to respond
effectively to incidents involving these materials.
ATA identified several variations between Guide 127 and 128 in the
ERG, used in the event of an unintentional release by emergency
responders. The fuel blend identification numbers UN 1987 and 3475 are
attributed to Guide 127 and Guide 128 as appropriate for several liquid
petroleum distillates including UN 1203, 1270, and 1993. As noted by
ATA, Guides 127 and 128 differ in the use of ``alcohol-resistant foam''
versus ``regular foam'' in the event of small and large fires. PHMSA
has indicated that alcohol-resistant foam is necessary for emergency
response involving polar/water-miscible flammable liquids, such as
ethanol and gasoline fuel blends. In its petition, ATA reiterated the
National Tank Truck Carriers' (NTTC) comments to HM-218D, suggesting
that rather than displaying the identification number of the petroleum
distillate and the alcohol/ethanol fuel blend, PHMSA should instead
require the use of alcohol-resistant foam for both fuels in emergency
response situations. Furthermore, ATA cited that emergency responders
currently use alcohol-resistant foam to treat both types of fuel in the
event of an unintentional release, recognizing that the identification
number marking for fuel blends with greater than 10 percent ethanol is
not needed for emergency response purposes.

IV. Background

A. Rulemakings

The rulemaking history pertaining to the marking of cargo tanks
containing fuel oil and petroleum distillates, as applicable to P-1667,
is complex. On June 6, 1979, the Research and Special Programs
Administration (RSPA), PHMSA's predecessor agency, published a notice
of proposed rulemaking (NPRM) (HM-126A) associated with the use of
identification numbers on packages. See 44 FR 32972. In the NPRM, RSPA
proposed to require that an identification number be displayed on
orange panels affixed to portable tanks, cargo tanks, and tank cars.
RSPA proposed a set of standards in Sec. 172.328 that would require
cargo tanks to be marked on each side with the identification numbers
specified for the material in the Hazardous Materials Table (HMT),
which is found in Sec. 172.101. RSPA further proposed to add Sec.
172.328(e) stating that a cargo tank marked with the identification
number or name of a specific hazardous material may not be used to
transport any other material unless the marking is removed or changed
to identify the hazardous material the cargo tank contains.
RSPA received numerous comments to the HM-126A NPRM expressing
concern that the identification number requirements for cargo tanks
proposed and codified in Sec. 172.328(e) would limit a carrier's
ability to transport fuel oils and distillate fuels in multi-
compartmented cargo tanks and tank cars. As a result, in May 22, 1980,
RSPA published a final rule titled, ``Identification Numbers, Hazardous
Substances, International Descriptions, Improved Descriptions,
Forbidden Materials, and Organic Peroxides,'' which amended the HMR and
codified language in Sec. 172.336(c)(3) stating that identification
markings are not required for different distillate fuels in the same
cargo tank or tank car, if the identification number is displayed for
the distillate fuel having the lowest flash point. See 45 FR 34560.
The May 22, 1980 final rule generated a number of appeals. On
November 10, 1980 [45 FR 74640], RSPA published a response to appeals
to the May 22, 1980 final rule. In the response, RSPA noted that the
provisions for allowing cargo tanks and multi-compartment cargo tanks
to only display the identification number of the distillate fuel with
lowest flash point were intended to eliminate the need for continuous
changes in identification numbers for operations where gasoline and
fuel oil are transported in the same cargo tank for different trips
that occur on the same day. However, in response to these appeals, RSPA
revised the HMR. To address compartmented cargo tanks, RSPA moved
regulatory text initially found in Sec. 172.336 from paragraph (c)(3)
to (c)(4); and to address cargo tanks and tank cars, RSPA moved
regulatory text initially found in Sec. 172.336(c)(3) to (c)(5). These
two provisions allowed for the display of the identification number of
the liquid distillate fuel having the lowest flash point carried in a
cargo tank; however, as noted above, RSPA intended for this exception
to be allowed for different trips that occurred on the same day.
In an April 20, 1987 final rule (HM-166) [52 FR 13034], RSPA
revised the HMR and added the term ``Gasohol'' to Sec. 172.336(c)(4)
and (5). This term accounted for new formulations of gasoline mixed
with ethyl alcohol (i.e., ethanol) shipped under Sec. 172.336 of the
HMR.
In a January 28, 2008 final rule (HM-218D) [73 FR 4699], PHMSA
revised the HMR and added ``UN 3475, Ethanol and

[[Page 83193]]

gasoline mixture or Ethanol and motor spirit or Ethanol and petrol
mixture, with more than 10% ethanol'' to the HMT to address gasoline
and ethanol mixtures such as E85.\3\ PHMSA further identified that
emergency response techniques between petroleum distillates and
gasoline and ethanol fuel blends differ. Specifically, gasoline and
ethanol fuel blends with more than 10 percent ethanol are polar/water-
miscible flammable liquids and decrease the effectiveness of alcohol-
resistant fire-fighting foam. Due to these differences in fire-fighting
methods, PHMSA revised the HMR and adopted language in Sec.
172.336(c)(4) and (5) to clarify that when a petroleum distillate fuel
and a gasoline/ethanol fuel blend with more than 10 percent ethanol are
both carried on a multi-compartment cargo tank or tank car, the UN
identification number ``3475'' or ``1987'' must be displayed in
addition to the identification number of the petroleum distillate fuel
with the lowest flash point. PHMSA notes that both NTTC and the
Petroleum Marketers and Convenience Stores of Iowa (PMCI) suggested in
their comments to the HM-218D NPRM that revising the Emergency Response
Guidebook (ERG) to require alcohol-resistant foam for all flammable
liquids (Class 3), rather than adopting a new shipping description for
gasoline and ethanol fuel blends, would have made the requirement to
display the identification number for the alcohol fuel blend
unnecessary.
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\3\ E85 is an abbreviation for an ethanol fuel blend of 85%
denatured ethanol fuel and 15% gasoline or other hydrocarbon by
volume.
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In a March 7, 2013 final rule (HM-219) [78 FR 14702], based on a
petition for rulemaking (P-1522) from Shell Chemicals,\4\ PHMSA removed
all references to ``gasohol'' and codified a table to more clearly
indicate hazard communication requirements for compartmented cargo
tanks, tank cars, or cargo tanks containing these fuels. The revised
text indicates that when a cargo tank contains more than one petroleum
distillate fuel, it may be marked with the identification number for
the liquid petroleum distillate fuel having the lowest flash point.
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\4\ See P-1522 docket at the following URL: https://www.regulations.gov/searchResults?rpp=10&po=0&s=PHMSA-2008-0171.
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B. Letters of Interpretation

On October 16, 2000, RSPA issued an interpretation letter (Ref. No.
00-0208 \5\) to the Florida Department of Environmental Protection
concerning the identification number markings on cargo tanks containing
diesel fuel and gasoline. In this interpretation letter, RSPA stated
that if a cargo tank containing gasoline is marked with the
identification number for gasoline, ``1203,'' it may remain so marked
on a subsequent trip when the cargo tank contains diesel fuel; however,
the letter did not further clarify that this exception only applies to
transportation occurring on the same day. Thus, it appears that
industry uses this interpretation letter as standard practice to leave
the ``1203'' identification number marking for gasoline on cargo tanks
even if the cargo tank is not used for gasoline on any particular day
or on a subsequent trip.
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\5\ See Reference Number 00-0208 letter of interpretation at:
http://docketsinfo.dot.gov/reports/rspa/2000-10/000208.pdf.
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On June 26, 2015, PHMSA issued an interpretation letter (Ref. No.
14-0178 \6\) to the South Carolina State Police concerning the
placement of identification numbers on multi-compartmented cargo tanks
containing petroleum distillates. In the example provided in the
interpretation letter, all of the compartments in the multi-
compartmented cargo tank were loaded with only diesel fuel, but
displayed ``1203,'' the identification number for gasoline. PHMSA's
response determined that if a multi-compartmented cargo tank contains
the same petroleum distillate fuel (other than gasoline) in each
compartment, then it must be marked with the correct identification
number for that material--not with ``1203.''
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\6\ See Reference Number 14-0178 letter of interpretation at:
http://phmsa.dot.gov/portal/site/PHMSA/menuitem.6f23687cf7b00b0f22e4c6962d9c8789/?vgnextoid=2bd1d740bd03e410VgnVCM100000d2c97898RCRD&vgnextfmt=default
.
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V. Comments and Questions

The PIPES Act specifically requires PHMSA to issue an ANPRM to
solicit public comment on P-1667. In addition, PHMSA is considering the
regulatory changes proposed in P-1668. We invite comment on the
following key issues and request that commenters provide data sources
to support their positions. If commenters suggest modification to the
existing regulatory requirements, PHMSA requests that comments provided
be as specific as possible.

A. General Questions

1. Are carriers currently marking cargo tanks with the
identification number of a petroleum distillate fuel, including
gasoline and gasohol, when that material is not present in that cargo
tank? If so, why are carriers undertaking this practice? When and where
does this practice occur? How prevalent is this practice?
2. If the answer to question 1 above is yes, how is this being done
without violating the prohibitive marking requirements in Sec. 172.303
of the HMR?

B. Safety Questions

1. Would marking a cargo tank with the identification number for
the liquid petroleum distillate fuel having the lowest flash point,
rather than with the identification numbers representing each of the
different liquid petroleum distillate fuels including gasoline and
gasohol, create concerns for emergency responders?
2. Does responding to an incident involving diesel fuel differ from
responding to an incident involving gasoline--if so, how?

C. Policy Analysis Questions

1. How many entities and shipments would be affected by modifying
the existing regulatory requirements related to the hazard
communication standards for cargo tanks transporting petroleum
distillate fuels? In addition, how many of the effected entities would
be considered small businesses?
2. What are the potential costs of modifying the existing
regulatory requirements related to hazardous materials communication on
cargo tanks pursuant to the petitioners' suggestions? If no specific
quantitative data is available, what types of costs would be reasonable
to anticipate (e.g., training cost, equipment replacement, etc.)?
3. What consequences would be mitigated or prevented by modifying
the hazard communication requirements for cargo tanks transporting
petroleum distillate fuels? Have there been instances in the U.S.
safety record when the current requirements and industry practices
related to the identification number markings have resulted in
emergency response complications, injury, or death?
4. What are the potential quantifiable safety and societal benefits
of modifying the existing regulatory requirements related to hazardous
materials communication for cargo tanks?
5. What are the potential environmental impacts and human health
effects of modifying the existing regulatory requirements?

VI. Regulatory Analysis

A. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures

This ANPRM has not been designated a ``significant regulatory
action'' under section 3(f) of Executive Order 12866, ``Regulatory
Planning and Review.'' 58 FR 51735 (Oct. 4, 1993). Accordingly,

[[Page 83194]]

this ANPRM has not been reviewed by the Office of Management and Budget
(OMB) and is not considered to be 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,'' 76 FR 3821 (Jan. 21, 2011), supplements and reaffirms the
principles, structures, and definitions governing regulatory review
that were established in Executive Order 12866. Together, Executive
Orders 12866 and 13563 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.''
Additionally, Executive Orders 12866 and 13563 require agencies to
provide a meaningful opportunity for public participation. Therefore,
PHMSA solicits comment on the key issues addressed in this ANPRM.

B. Executive Order 13132

Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999),
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.'' We
invite State and local governments with an interest in this rulemaking
to comment on any effect that revisions to the HMR relative to
identification numbers displayed on cargo tanks may cause.

C. Executive Order 13175

Executive Order 13175, ``Consultation and Coordination and Indian
Tribal Governments,'' 65 FR 67249 (Nov. 9, 2000), 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 impose ``substantial and
direct compliance costs'' on such communities. We invite Indian tribal
governments to provide comments on the costs and effects that this or a
future rulemaking could potentially have on them.

D. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies
and Procedures

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.'' 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.
As such, PHMSA solicits input from small entities on the issues
presented in this ANPRM. If you believe that revisions to the HMR
relative to identification numbers on cargo tanks would have a
significant economic impact on a substantial number of small entities,
please submit a comment to PHMSA. In your comment, please explain how
and to what extent your business or organization could be affected, and
whether there are alternative approaches to this regulation the agency
should consider that would minimize any significant impact on small
business while still meeting the agency's statutory objectives
Any future proposed rule would be 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, so as to promote compliance with the
Regulatory Flexibility Act to ensure that potential impacts on small
entities of a regulatory action are properly considered.

E. Paperwork Reduction Act

Section 1320.8(d), title 5, Code of Federal Regulations requires
that PHMSA provide interested members of the public and affected
agencies an opportunity to comment on information collection and
recordkeeping requests. It is possible that new or revised information
collection requirements could occur as a result of any future
rulemaking action. We invite comment on the need for any collection of
information and paperwork burdens that may apply as result of a future
rulemaking.

F. National Environmental Policy Act

The National Environmental Policy Act of 1969, 42 U.S.C. 4321-4375,
requires Federal agencies to consider the consequences of major Federal
actions and prepare a detailed statement on actions significantly
affecting the quality of the human environment. The Council on
Environmental Quality (CEQ) regulations require Federal agencies to
conduct an environmental review considering (1) the need for the
proposed action, (2) alternatives to the proposed action, (3) probable
environmental impacts of the proposed action and alternatives, and (4)
the agencies and persons consulted during the consideration process.
See 40 CFR 1508.9(b). PHMSA welcomes any data or information related to
environmental impacts that may result from this ANPRM.

G. Privacy Act

Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register at 65 FR 19477 (April 11, 2000), or you may visit
http://www.dot.gov/privacy.html.

H. Executive Order 13609 and International Trade Analysis

Under Executive Order 13609, ``Promoting International Regulatory
Cooperation,'' 77 FR 26413 (May 4, 2012), agencies must consider
whether the impacts associated with significant variations between
domestic and international regulatory approaches are unnecessary, or
may impair the ability of American business to export and compete
internationally. In meeting shared challenges involving health, safety,
labor, security, environmental, and other issues, international
regulatory cooperation can identify approaches that are at least as
protective as those that are, or would be, adopted in the absence of
such cooperation. International regulatory cooperation can also reduce,
eliminate, or prevent unnecessary differences in regulatory
requirements.
Similarly, 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. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
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 participates in the establishment of international standards
in order to protect the safety of the American public, and we have
assessed the effects of this ANPRM to ensure that

[[Page 83195]]

it does not cause unnecessary obstacles to foreign trade. Accordingly,
this rulemaking is consistent with Executive Order 13609 and PHMSA's
obligations under the Trade Agreement Act, as amended.

I. Statutory/Legal Authority for This Rulemaking

Federal hazardous materials transportation law, 49 U.S.C. 5101 et
seq., authorizes the Secretary of Transportation to prescribe
regulations for the safe transportation, including security, of
hazardous materials in intrastate, interstate, and foreign commerce.
The Secretary has delegated this authorization to the Administrator for
PHMSA. See 49 CFR 1.97. PHMSA is issuing this ANPRM to gather the
necessary information to determine a course of action for clarifying
issues pertaining to the display of identification numbers related to
the transportation of fuel oils and petroleum distillates.

J. Regulation Identifier Number (RIN)

A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.

Issued in Washington, DC, on November 15, 2016, under authority
delegated in 49 CFR 1.97.
William Schoonover,
Acting Associate Administrator for Hazardous Materials Safety, Pipeline
and Hazardous Materials Safety Administration.
[FR Doc. 2016-27911 Filed 11-18-16; 8:45 am]
BILLING CODE 4910-60-P

83190 Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Proposed Rules

making effective comments, please visit and anticipate no adverse comment. We DEPARTMENT OF TRANSPORTATION
http://www2.epa.gov/dockets/ have explained our reasons for this
commenting-epa-dockets. action in the preamble of the direct final Pipeline and Hazardous Materials
FOR FURTHER INFORMATION CONTACT: Ms. rule. Safety Administration
Kimberly Garnett, U.S. EPA, Office of If we receive no adverse comment, we
Air Quality Planning and Standards, Air 49 CFR Part 172
will not take further action on this
Quality Assessment Division, proposed rule. If the EPA receives [Docket No. PHMSA–2016–0079 (HM–213E)]
Measurement Technology Group (E143– adverse comment, we will publish a
02), Research Triangle Park, NC 27711; RIN 2137–AF25
timely withdrawal in the Federal
telephone number: (919) 541–1158; fax Hazardous Materials: PIPES Act
Register informing the public that the
number: (919) 541- 0516; email address: Requirements for Identification
direct final rule will not take effect. In
garnett.kim@epa.gov. Numbers on Cargo Tanks Containing
that case, we would address all public
SUPPLEMENTARY INFORMATION: The Petroleum Based Fuel
comments in any subsequent final rule
Environmental Protection Agency (EPA)
based on this proposed rule. AGENCY: Pipeline and Hazardous
is proposing revisions to a procedure in
the New Source Performance Standards We do not intend to institute a second Materials Safety Administration
(NSPS). We also propose to correct a comment period on this action. Any (PHMSA), DOT.
typographical error in the introduction parties interested in commenting must ACTION: Advance notice of proposed
to Paragraph (6) of section 10.4 of do so at this time. For further rulemaking (ANPRM).
Procedure 2. Without this revision, information about commenting on this
paragraph (6)(iii) would remain unused rule, please see the information SUMMARY: PHMSA is publishing this
in Procedure 2. This typographical provided in the ADDRESSES section of advance notice of proposed rulemaking
correction is necessary to fulfill the this document. (ANPRM) in response to the Protecting
intent of Procedure 2, section 10.4(6), our Infrastructure of Pipelines and
The regulatory text for the proposal is Enhancing Safety (PIPES) Act of 2016,
when promulgated. See 69 FR 1786. identical to that for the direct final rule which reauthorizes the pipeline safety
I. Why is the EPA issuing this proposed published in the ‘‘Rules and program and requires a number of
rule? Regulations’’ section of this Federal reports and mandates. The PIPES Act
The EPA proposes a revision to Register publication. For further requires PHMSA to take regulatory
Procedure 2, sections 10.4(5)and (6), to supplementary information, the detailed actions to establish minimum safety
allow facilities that have reduced their rationale for the proposal and the standards for underground natural gas
emissions since completing their PM regulatory revisions, see the direct final storage facilities; to update the
CEMS correlation testing to extend their rule published in a separate part of this minimum safety standards for
correlation regression line to the point Federal Register publication. permanent, small scale liquefied natural
corresponding to the lowest PM CEMS gas pipeline facilities; and to publish an
II. Does this action apply to me? ANPRM to address a petition for
response obtained during the RCA or
RRA. This extended correlation The entities potentially affected by rulemaking proposing hazardous
regression line will be used to this rule include any facility that is materials regulations related to the
determine if results of this RCA or RRA marking of identification numbers on
required to install and operate a PM
meet the criteria specified in Section cargo tanks. This ANPRM specifically
CEMS under any provision of title 40 of
10.4, paragraphs (5) and (6) of Procedure addresses the PIPES Act requirement
the CFR. If you have any questions applicable to the petition for rulemaking
2, respectively. This change will ensure regarding the applicability of this action
that facilities that have reduced their related to the marking of identification
to a particular entity, consult the person numbers on cargo tanks. PHMSA will
emissions since completing their
listed in the FOR FURTHER INFORMATION consider the comments, data, and
correlation testing will no longer be
CONTACT section of this document. information received in any future
penalized because their lower emissions
fall outside their initial response range. List of Subjects in 40 CFR Part 60 action related to the petition.
This action also proposes to correct a DATES: Comments must be received by
typographical error in the introduction Environmental protection, February 21, 2017.
to section 10.4, paragraph (6) of Administrative practice and procedure, ADDRESSES: You may submit comments
Procedure 2. Paragraph (6), which Air pollution control, Continuous identified by the Docket Number
originally read, ‘‘To pass an RRA, you emission monitoring systems, PHMSA–2016–0079 (HM–213E) through
must meet the criteria specified in Particulate matter, Procedures. any of the following methods:
paragraphs (6)(i) and (ii) . . .’’, is being Dated: November 8, 2016. • Federal eRulemaking Portal: Go to
corrected to read: ‘‘To pass an RRA, you http://www.regulations.gov. Follow the
Gina McCarthy,
must meet the criteria specified in online instructions for submitting
paragraphs (6)(i) through (iii) . . .’’ Administrator. comments.
Without this revision, paragraph (6)(iii) [FR Doc. 2016–27847 Filed 11–18–16; 8:45 am] • Fax: 1–202–493–2251.
would remain unused in Procedure 2. BILLING CODE 6560–50–P • Mail: Docket Management System,
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS

This typographical correction is U.S. Department of Transportation,
necessary to fulfill the intent of Dockets Operations, M–30, Ground
Procedure 2, section 10.4(6), when Floor, Room W12–140, 1200 New Jersey
promulgated in 69 FR 1786. We have Avenue SE., Washington, DC 20590.
published a direct final rule approving • Hand Delivery: U.S. Department of
the revisions to Procedure 2 in the Transportation, Docket Operations,
‘‘Rules and Regulations’’ section of this M–30, Ground Floor, Room W12–140 in
Federal Register publication because we the West Building, 1200 New Jersey
view this as a non-controversial action Avenue SE., Washington, DC 20590,

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83192 Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Proposed Rules

As mandated by section 15 of the because ‘‘the new shipping description or name of a specific hazardous material
PIPES Act, the objective of this ANPRM for gasoline/ethanol fuel blends would may not be used to transport any other
is to solicit comments on P–1667. It enhance emergency responders’’ ability material unless the marking is removed
further solicits comments on the related to respond effectively to incidents or changed to identify the hazardous
petition for rulemaking, P–1668. involving these materials. material the cargo tank contains.
ATA identified several variations RSPA received numerous comments
III. Petitions Being Addressed (P–1667 between Guide 127 and 128 in the ERG, to the HM–126A NPRM expressing
and P–1668) used in the event of an unintentional concern that the identification number
Through P–1667 and P–1668, the release by emergency responders. The requirements for cargo tanks proposed
CVSA and ATA, respectively, asked fuel blend identification numbers UN and codified in § 172.328(e) would limit
PHMSA to revise § 172.336(c) of the 1987 and 3475 are attributed to Guide a carrier’s ability to transport fuel oils
HMR. In P–1667, CVSA proposed that 127 and Guide 128 as appropriate for and distillate fuels in multi-
PHMSA reinstate language that existed several liquid petroleum distillates compartmented cargo tanks and tank
in § 172.336(c)(4) and (5) prior to the including UN 1203, 1270, and 1993. As cars. As a result, in May 22, 1980, RSPA
publication of the HM–219 final rule [78 noted by ATA, Guides 127 and 128 published a final rule titled,
FR 14702] on March 7, 2013. Prior to differ in the use of ‘‘alcohol-resistant ‘‘Identification Numbers, Hazardous
HM–219, the paragraphs in foam’’ versus ‘‘regular foam’’ in the Substances, International Descriptions,
§ 172.336(c)(4) and (5) read as follows: event of small and large fires. PHMSA Improved Descriptions, Forbidden
(4) For each of the different liquid has indicated that alcohol-resistant foam Materials, and Organic Peroxides,’’
petroleum distillate fuels, including gasoline, is necessary for emergency response which amended the HMR and codified
in a compartmented cargo tank or tank car, involving polar/water-miscible language in § 172.336(c)(3) stating that
if the identification number is displayed for flammable liquids, such as ethanol and identification markings are not required
the distillate fuel having the lowest flash gasoline fuel blends. In its petition, for different distillate fuels in the same
point. After October 1, 2000, if a ATA reiterated the National Tank Truck cargo tank or tank car, if the
compartmented cargo tank or tank car identification number is displayed for
contains such fuels together with a gasoline
Carriers’ (NTTC) comments to HM–
218D, suggesting that rather than the distillate fuel having the lowest
and alcohol fuel blend containing more than
ten percent ethanol, the identification displaying the identification number of flash point. See 45 FR 34560.
number ‘‘3475’’ or ‘‘1987’’ must also be the petroleum distillate and the alcohol/ The May 22, 1980 final rule generated
displayed as appropriate in addition to the ethanol fuel blend, PHMSA should a number of appeals. On November 10,
identification number for the liquid instead require the use of alcohol- 1980 [45 FR 74640], RSPA published a
petroleum distillate fuel having the lowest resistant foam for both fuels in response to appeals to the May 22, 1980
flash point. emergency response situations. final rule. In the response, RSPA noted
(5) For each of the different liquid that the provisions for allowing cargo
petroleum distillate fuels, including gasoline
Furthermore, ATA cited that emergency
responders currently use alcohol- tanks and multi-compartment cargo
transported in a cargo tank, if the tanks to only display the identification
identification number is displayed for the resistant foam to treat both types of fuel
in the event of an unintentional release, number of the distillate fuel with lowest
liquid petroleum distillate fuel having the
recognizing that the identification flash point were intended to eliminate
lowest flash point.
number marking for fuel blends with the need for continuous changes in
CVSA indicated in its petition that the identification numbers for operations
current regulations, as revised by the greater than 10 percent ethanol is not
where gasoline and fuel oil are
HM–219 final rule, are inconsistent with needed for emergency response
transported in the same cargo tank for
the previous requirements. CVSA purposes.
different trips that occur on the same
further noted that the table in § 172.336 IV. Background day. However, in response to these
has created confusion and lack of appeals, RSPA revised the HMR. To
uniformity for industry, enforcement, A. Rulemakings
address compartmented cargo tanks,
and first responders in regard to the The rulemaking history pertaining to RSPA moved regulatory text initially
display of identification numbers on the marking of cargo tanks containing found in § 172.336 from paragraph (c)(3)
multi-compartmented cargo tanks fuel oil and petroleum distillates, as to (c)(4); and to address cargo tanks and
containing different petroleum distillate applicable to P–1667, is complex. On tank cars, RSPA moved regulatory text
fuels. June 6, 1979, the Research and Special initially found in § 172.336(c)(3) to
In P–1668, ATA proposed removing Programs Administration (RSPA), (c)(5). These two provisions allowed for
the requirement to display the PHMSA’s predecessor agency, the display of the identification number
identification number of the petroleum published a notice of proposed of the liquid distillate fuel having the
distillate with the lowest flashpoint, in rulemaking (NPRM) (HM–126A) lowest flash point carried in a cargo
addition to the identification number for associated with the use of identification tank; however, as noted above, RSPA
the fuel blend as ‘‘3475’’ or ‘‘1987,’’ on numbers on packages. See 44 FR 32972. intended for this exception to be
a multi-compartmented cargo tank In the NPRM, RSPA proposed to require allowed for different trips that occurred
carrying an alcohol fuel blend with that an identification number be on the same day.
more than 10 percent ethanol. ATA displayed on orange panels affixed to In an April 20, 1987 final rule (HM–
further noted that its comments to the portable tanks, cargo tanks, and tank 166) [52 FR 13034], RSPA revised the
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS

HM–218D final rule [73 FR 4699] that cars. RSPA proposed a set of standards HMR and added the term ‘‘Gasohol’’ to
was published on January 28, 2008, in § 172.328 that would require cargo § 172.336(c)(4) and (5). This term
suggested a uniform marking for all tanks to be marked on each side with accounted for new formulations of
gasoline and gasoline/alcohol fuel the identification numbers specified for gasoline mixed with ethyl alcohol (i.e.,
blends, as well as an update to the the material in the Hazardous Materials ethanol) shipped under § 172.336 of the
Emergency Response Guide (ERG) Table (HMT), which is found in HMR.
requiring alcohol-resistant foam for all § 172.101. RSPA further proposed to In a January 28, 2008 final rule (HM–
releases. ATA noted that PHMSA add § 172.328(e) stating that a cargo tank 218D) [73 FR 4699], PHMSA revised the
disagreed with this statement at the time marked with the identification number HMR and added ‘‘UN 3475, Ethanol and

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Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Proposed Rules 83193

gasoline mixture or Ethanol and motor cargo tanks containing diesel fuel and 2. If the answer to question 1 above
spirit or Ethanol and petrol mixture, gasoline. In this interpretation letter, is yes, how is this being done without
with more than 10% ethanol’’ to the RSPA stated that if a cargo tank violating the prohibitive marking
HMT to address gasoline and ethanol containing gasoline is marked with the requirements in § 172.303 of the HMR?
mixtures such as E85.3 PHMSA further identification number for gasoline,
B. Safety Questions
identified that emergency response ‘‘1203,’’ it may remain so marked on a
techniques between petroleum subsequent trip when the cargo tank 1. Would marking a cargo tank with
distillates and gasoline and ethanol fuel contains diesel fuel; however, the letter the identification number for the liquid
blends differ. Specifically, gasoline and did not further clarify that this petroleum distillate fuel having the
ethanol fuel blends with more than 10 exception only applies to transportation lowest flash point, rather than with the
percent ethanol are polar/water-miscible occurring on the same day. Thus, it identification numbers representing
flammable liquids and decrease the appears that industry uses this each of the different liquid petroleum
effectiveness of alcohol-resistant fire- interpretation letter as standard practice distillate fuels including gasoline and
fighting foam. Due to these differences to leave the ‘‘1203’’ identification gasohol, create concerns for emergency
in fire-fighting methods, PHMSA number marking for gasoline on cargo responders?
revised the HMR and adopted language tanks even if the cargo tank is not used 2. Does responding to an incident
in § 172.336(c)(4) and (5) to clarify that for gasoline on any particular day or on involving diesel fuel differ from
when a petroleum distillate fuel and a a subsequent trip. responding to an incident involving
gasoline/ethanol fuel blend with more On June 26, 2015, PHMSA issued an gasoline—if so, how?
than 10 percent ethanol are both carried interpretation letter (Ref. No. 14–0178 6)
to the South Carolina State Police C. Policy Analysis Questions
on a multi-compartment cargo tank or
tank car, the UN identification number concerning the placement of 1. How many entities and shipments
‘‘3475’’ or ‘‘1987’’ must be displayed in identification numbers on multi- would be affected by modifying the
addition to the identification number of compartmented cargo tanks containing existing regulatory requirements related
the petroleum distillate fuel with the petroleum distillates. In the example to the hazard communication standards
lowest flash point. PHMSA notes that provided in the interpretation letter, all for cargo tanks transporting petroleum
both NTTC and the Petroleum Marketers of the compartments in the multi- distillate fuels? In addition, how many
and Convenience Stores of Iowa (PMCI) compartmented cargo tank were loaded of the effected entities would be
suggested in their comments to the HM– with only diesel fuel, but displayed considered small businesses?
218D NPRM that revising the ‘‘1203,’’ the identification number for 2. What are the potential costs of
Emergency Response Guidebook (ERG) gasoline. PHMSA’s response determined modifying the existing regulatory
to require alcohol-resistant foam for all that if a multi-compartmented cargo requirements related to hazardous
flammable liquids (Class 3), rather than tank contains the same petroleum materials communication on cargo tanks
adopting a new shipping description for distillate fuel (other than gasoline) in pursuant to the petitioners’ suggestions?
gasoline and ethanol fuel blends, would each compartment, then it must be If no specific quantitative data is
have made the requirement to display marked with the correct identification available, what types of costs would be
the identification number for the number for that material—not with reasonable to anticipate (e.g., training
alcohol fuel blend unnecessary. ‘‘1203.’’ cost, equipment replacement, etc.)?
In a March 7, 2013 final rule (HM– V. Comments and Questions 3. What consequences would be
219) [78 FR 14702], based on a petition mitigated or prevented by modifying the
for rulemaking (P–1522) from Shell The PIPES Act specifically requires hazard communication requirements for
Chemicals,4 PHMSA removed all PHMSA to issue an ANPRM to solicit cargo tanks transporting petroleum
references to ‘‘gasohol’’ and codified a public comment on P–1667. In addition, distillate fuels? Have there been
table to more clearly indicate hazard PHMSA is considering the regulatory instances in the U.S. safety record when
communication requirements for changes proposed in P–1668. We invite the current requirements and industry
compartmented cargo tanks, tank cars, comment on the following key issues practices related to the identification
or cargo tanks containing these fuels. and request that commenters provide number markings have resulted in
The revised text indicates that when a data sources to support their positions. emergency response complications,
cargo tank contains more than one If commenters suggest modification to injury, or death?
petroleum distillate fuel, it may be the existing regulatory requirements, 4. What are the potential quantifiable
marked with the identification number PHMSA requests that comments safety and societal benefits of modifying
for the liquid petroleum distillate fuel provided be as specific as possible. the existing regulatory requirements
having the lowest flash point. A. General Questions related to hazardous materials
communication for cargo tanks?
B. Letters of Interpretation 1. Are carriers currently marking
5. What are the potential
On October 16, 2000, RSPA issued an cargo tanks with the identification
environmental impacts and human
interpretation letter (Ref. No. 00–0208 5) number of a petroleum distillate fuel,
health effects of modifying the existing
to the Florida Department of including gasoline and gasohol, when
regulatory requirements?
Environmental Protection concerning that material is not present in that cargo
tank? If so, why are carriers undertaking VI. Regulatory Analysis
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the identification number markings on
this practice? When and where does this
A. Executive Order 12866, Executive
3 E85 is an abbreviation for an ethanol fuel blend practice occur? How prevalent is this
Order 13563, and DOT Regulatory
of 85% denatured ethanol fuel and 15% gasoline or practice?
other hydrocarbon by volume.
Policies and Procedures
4 See P–1522 docket at the following URL: https:// 6 See Reference Number 14–0178 letter of This ANPRM has not been designated
www.regulations.gov/ interpretation at: http://phmsa.dot.gov/portal/site/ a ‘‘significant regulatory action’’ under
searchResults?rpp=10&po=0&s=PHMSA-2008-0171. PHMSA/menuitem.6f23687cf7b0
5 See Reference Number 00–0208 letter of 0b0f22e4c6962d9c8789/?vgnextoid=
section 3(f) of Executive Order 12866,
interpretation at: http://docketsinfo.dot.gov/reports/ 2bd1d740bd03e410VgnVCM1000 ‘‘Regulatory Planning and Review.’’ 58
rspa/2000-10/000208.pdf. 00d2c97898RCRD&vgnextfmt=default. FR 51735 (Oct. 4, 1993). Accordingly,

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$Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Proposed Rules 83195 it does not cause unnecessary obstacles commerce. The Secretary has delegated Service Center publishes the Unified to foreign trade. Accordingly, this this authorization to the Administrator Agenda in April and October of each rulemaking is consistent with Executive for PHMSA. See 49 CFR 1.97. PHMSA year. The RIN contained in the heading Order 13609 and PHMSA’s obligations is issuing this ANPRM to gather the of this document can be used to cross- under the Trade Agreement Act, as necessary information to determine a reference this action with the Unified amended. course of action for clarifying issues Agenda. pertaining to the display of I. Statutory/Legal Authority for This Issued in Washington, DC, on November identification numbers related to the 15, 2016, under authority delegated in 49 Rulemaking transportation of fuel oils and petroleum CFR 1.97. Federal hazardous materials distillates. transportation law, 49 U.S.C. 5101 et William Schoonover, seq., authorizes the Secretary of J. Regulation Identifier Number (RIN) Acting Associate Administrator for Transportation to prescribe regulations A regulation identifier number (RIN) Hazardous Materials Safety, Pipeline and for the safe transportation, including is assigned to each regulatory action Hazardous Materials Safety Administration. security, of hazardous materials in listed in the Unified Agenda of Federal [FR Doc. 2016–27911 Filed 11–18–16; 8:45 am] intrastate, interstate, and foreign Regulations. The Regulatory Information BILLING CODE 4910–60–P asabaliauskas on DSK3SPTVN1PROD with PROPOSALS VerDate Sep<11>2014 17:51 Nov 18, 2016 Jkt 241001 PO 00000 Frm 00026 Fmt 4702 Sfmt 9990 E:\FR\FM\21NOP1.SGM 21NOP1$

Document Created: 2018-02-14 08:33:54
Document Modified: 2018-02-14 08:33:54

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Advance notice of proposed rulemaking (ANPRM).
Dates		Comments must be received by February 21, 2017.
Contact		Steven Andrews, (202) 366-8553, Office of Hazardous Materials Standards, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
FR Citation		81 FR 83190
RIN Number		2137-AF25

81 FR 83190 - Hazardous Materials: PIPES Act Requirements for Identification Numbers on Cargo Tanks Containing Petroleum Based Fuel

DEPARTMENT OF TRANSPORTATIONPipeline and Hazardous Materials Safety Administration

Federal Register Volume 81, Issue 224 (November 21, 2016)

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration