82_FR_14552 82 FR 14499 - Hazardous Materials: Volatility of Unrefined Petroleum Products and Class 3 Materials

82 FR 14499 - Hazardous Materials: Volatility of Unrefined Petroleum Products and Class 3 Materials

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 82, Issue 53 (March 21, 2017)

Page Range14499-14500
FR Document2017-05488

PHMSA is extending the comment period for an advance notice of proposed rulemaking that was published in the Federal Register on January 18, 2017. In response to stakeholder requests, the comment period will be extended for an additional 60 days, from March 20, 2017 to May 19, 2017.

Federal Register, Volume 82 Issue 53 (Tuesday, March 21, 2017) 
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Proposed Rules]
[Pages 14499-14500]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05488]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 174, 177, 178, 179, and 180

[Docket No. PHMSA-2016-0077 (HM-251D)]
RIN 2137-AF24


Hazardous Materials: Volatility of Unrefined Petroleum Products 
and Class 3 Materials

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

ACTION: Advance notice of proposed rulemaking (ANPRM); Extension of 
comment period.

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SUMMARY: PHMSA is extending the comment period for an advance notice of 
proposed rulemaking that was published in the Federal Register on

[[Page 14500]]

January 18, 2017. In response to stakeholder requests, the comment 
period will be extended for an additional 60 days, from March 20, 2017 
to May 19, 2017.

DATES: Comments must be received on or before May 19, 2017. To the 
extent possible, PHMSA will consider late-filed comments during the 
next stage of the rulemaking process.

ADDRESSES: You may submit comments identified by Docket No. PHMSA-2016-
0077 by 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 Operations, U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, Routing 
Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: To Docket Operations, Room W12-140 on the 
ground floor of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Instructions: All submissions must include the agency name and 
docket number for this rulemaking at the beginning of the comment. Note 
that all comments received will be posted without change to the docket 
management system, including any personal information provided.
    Docket: For access to the dockets to read background documents or 
comments received, go to http://www.regulations.gov, or DOT's Docket 
Operations Office (see ADDRESSES).
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Lad Falat, Director, Engineering and 
Research, (202) 366-4545, Office of Hazardous Materials Safety, 
Pipeline and Hazardous Materials Safety Administration, U.S. Department 
of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590-
0001.

SUPPLEMENTARY INFORMATION:

I. Background

    On January 18, 2017, PHMSA published an advance notice of proposed 
rulemaking (ANPRM) titled, ``Hazardous Materials: Volatility of 
Unrefined Petroleum Products and Class 3 Materials,'' addressing the 
volatility of unrefined petroleum products and potentially all Class 3 
flammable liquids transported by means other than pipeline. See (82 FR 
5499). The ANPRM informed stakeholders of a possible change to the 
Hazardous Materials Regulations based on a petition for rulemaking 
submitted by the Attorney General of the State of New York regarding 
vapor pressure limits for crude oil.
    The ANPRM posed 39 questions on a wide variety of topics ranging 
from sampling and testing, proper classification, and numerous 
characteristics of crude oil relevant to its unique hazards. 
Specifically, PHMSA sought comments on whether there should be national 
vapor pressure standards for petroleum products and/or other Class 3 
hazardous materials and, if so, recommendations for such thresholds. It 
was the intent of the ANPRM to obtain the views of those affected by 
the North Dakota Industrial Commission (NDIC) Order, as well as those 
who are likely to be impacted by the changes proposed in the petition 
P-1669 (as discussed in detail in the January 18, 2017 ANPRM), 
including those who are likely to benefit from, be adversely affected 
by, or potentially be subject to additional regulation.
    PHMSA sought comment on the ANPRM to assist in:
    1. Determining the best metric or combination of metrics (vapor 
pressure or other metric) for measuring and controlling fire and 
explosion risk in crude oil transport;
    2. Quantifying the improvement in safety if any, due to risk 
reduction from implementation of vapor pressure thresholds at varying 
levels;
    3. Identifying offerors' compliance strategies and market impacts 
with Reid Vapor Pressure (RVP) standards at varying levels of 
stringency, and estimating their economic costs and environmental 
impacts;
    4. Identifying other regulations and industry practices, such as 
volatile organic compound emissions standards imposed through the Clean 
Air Act, or State regulations, or pipeline operator RVP standards, 
potentially affecting compliance strategies and costs, and safety 
benefits;
    5. Evaluating the extent to which use of DOT Specification 117 tank 
cars mitigates the risk of transporting crude oil;
    6. Comparing compliance costs of mitigation strategies with risk 
reduction from adoption of the petition; and
    7. Balancing the benefits and costs in setting the level of the 
chosen metric.

II. Comment Period Extension

    PHMSA received an initial request from the American Petroleum 
Institute (API) to extend the comment period for the ANPRM by 30 days. 
API indicated in their request that industry needs extra time to obtain 
information on experiences with classification, testing, sampling, and 
packaging of unrefined petroleum products. Because of the number of 
questions posted, the technical nature of the questions, and the 
potentially broad implications to operations throughout the supply 
chain, API believes the opportunity for a thorough review before 
responding to PHMSA is crucial for any future rulemaking. Subsequent to 
the API request, PHMSA has received additional requests from other 
entities to extend the comment period. For instance, the North Dakota 
Petroleum Council also requests an extension; however, they have 
requested a 60-day extension.
    PHMSA provided an initial 60-day comment period to the ANPRM. 
However, due to our desire to collect meaningful input from a number of 
potentially affected stakeholders and to the demand by various 
entities, we agree with the requests to extend the comment period to 
allow further time for public input. Given the number and variety of 
requests, PHMSA is extending the comment period by 60 days.

    Issued in Washington, DC on March 15, 2017, under authority 
delegated in 49 CFR 1.97.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2017-05488 Filed 3-20-17; 8:45 am]
 BILLING CODE 4910-60-P

Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Proposed Rules 14499 subsequent action based on this SUPPLEMENTARY INFORMATION: In the 0695, at http://www.regulations.gov or proposed rule. Please note that if we final rules section of this Federal via email to walser.john@epa.gov. For receive adverse comment on a particular Register, the EPA is approving the additional information on how to rule, we may adopt as final those/the State’s SIP submittal as a direct rule submit comments see the detailed rule(s) that are not the subject of an without prior proposal because the instructions in the ADDRESSES section of adverse comment. Agency views this as noncontroversial the direct final rule located in the rules We do not plan to open a second submittal and anticipates no adverse section of this Federal Register. comment period, so anyone interested comments. A detailed rationale for the FOR FURTHER INFORMATION CONTACT: Mr. in commenting should do so at this approval is set forth in the direct final John Walser, (214) 665–7128, time. If we do not receive adverse rule. If no relevant adverse comments walser.john@epa.gov. comments, no further activity is are received in response to this action SUPPLEMENTARY INFORMATION: In the planned. For further information, please no further activity is contemplated. If final rules section of this Federal see the direct final action. the EPA receives relevant adverse Register, the EPA is approving the Dated: January 18, 2017. comments, the direct final rule will be State’s SIP submittal as a direct rule Alexis Strauss, withdrawn and all public comments without prior proposal because the received will be addressed in a Agency views this as noncontroversial Acting Regional Administrator, Region IX. subsequent final rule based on this submittal and anticipates no adverse [FR Doc. 2017–05058 Filed 3–20–17; 8:45 am] proposed rule. The EPA will not comments. A detailed rationale for the BILLING CODE 6560–50–P institute a second comment period. Any approval is set forth in the direct final parties interested in commenting on this rule. If no relevant adverse comments action should do so at this time. are received in response to this action ENVIRONMENTAL PROTECTION For additional information, see the AGENCY no further activity is contemplated. If direct final rule which is located in the the EPA receives relevant adverse 40 CFR Part 52 rules section of this Federal Register. comments, the direct final rule will be Dated: March 13, 2017. withdrawn and all public comments [EPA–R06–OAR–2016–0550; FRL–9957–55– Samuel Coleman, received will be addressed in a Region 6] Acting Regional Administrator, Region 6. subsequent final rule based on this [FR Doc. 2017–05378 Filed 3–20–17; 8:45 am] proposed rule. The EPA will not Approval and Promulgation of institute a second comment period. Any BILLING CODE 6560–50–P Implementation Plans; Texas; El Paso parties interested in commenting on this Carbon Monoxide Limited Maintenance action should do so at this time. Plan ENVIRONMENTAL PROTECTION For additional information, see the AGENCY: Environmental Protection AGENCY direct final rule which is located in the Agency (EPA). rules section of this Federal Register. 40 CFR Part 52 Dated: March 13, 2017. ACTION: Proposed rule. [EPA–R06–OAR–2011–0695; FRL–9957–42– Samuel Coleman, SUMMARY: Pursuant to the Federal Clean Region 6] Acting Regional Administrator, Region 6. Air Act (CAA or the Act), the [FR Doc. 2017–05377 Filed 3–20–17; 8:45 am] Environmental Protection Agency (EPA) Approval and Promulgation of BILLING CODE 6560–50–P is proposing to approve the required Implementation Plans; New Mexico; second carbon monoxide (CO) Albuquerque/Bernalillo County; maintenance plan as a revision to the Inspection and Maintenance Program Texas State Implementation Plan (SIP). Error Correction DEPARTMENT OF TRANSPORTATION The El Paso, Texas CO maintenance area AGENCY: Environmental Protection Pipeline and Hazardous Materials (El Paso Area) has been demonstrating Agency (EPA). Safety Administration consistent air quality monitoring at or ACTION: Proposed rule. below 85% of the CO National Ambient 49 CFR Parts 171, 172, 173, 174, 177, Air Quality Standard (NAAQS or SUMMARY: Pursuant to the Federal Clean 178, 179, and 180 standard). Because of this, the State of Air Act (CAA or Act), the Texas, through its designee, submitted [Docket No. PHMSA–2016–0077 (HM–251D)] Environmental Protection Agency (EPA) the required second maintenance plan is proposing to approve an error RIN 2137–AF24 for the El Paso Area as a Limited correction to a previously approved Maintenance Plan (LMP). diesel inspection and maintenance (I/M) Hazardous Materials: Volatility of DATES: Written comments should be program provision in Albuquerque/ Unrefined Petroleum Products and received on or before April 20, 2017. Bernalillo County’s State Class 3 Materials ADDRESSES: Submit your comments, Implementation Plan (SIP). This action AGENCY: Pipeline and Hazardous identified by EPA–R06–OAR–2016– is based on our determination that at the Materials Safety Administration 0550, at http://www.regulations.gov or time EPA approved the diesel I/M (PHMSA), Department of Transportation via email to riley.jeffrey@epa.gov. For Program the State did not have the legal (DOT). mstockstill on DSK3G9T082PROD with PROPOSALS additional information on how to authority to expand its program to ACTION: Advance notice of proposed submit comments see the detailed require the testing of 1998 and newer diesel motor vehicles greater than 1,000 rulemaking (ANPRM); Extension of instructions in the ADDRESSES section of and less than 10,001 pounds. comment period. the direct final rule located in the rules section of this Federal Register. DATES: Written comments should be SUMMARY: PHMSA is extending the FOR FURTHER INFORMATION CONTACT: received on or before April 20, 2017. comment period for an advance notice Jeffrey Riley, 214–665–8542, ADDRESSES: Submit your comments, of proposed rulemaking that was riley.jeffrey@epa.gov. identified by EPA–R06–OAR–2011– published in the Federal Register on VerDate Sep<11>2014 15:59 Mar 20, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\21MRP1.SGM 21MRP1

14500 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Proposed Rules January 18, 2017. In response to Avenue SE., Washington, DC 20590– organic compound emissions standards stakeholder requests, the comment 0001. imposed through the Clean Air Act, or period will be extended for an SUPPLEMENTARY INFORMATION: State regulations, or pipeline operator additional 60 days, from March 20, 2017 RVP standards, potentially affecting to May 19, 2017. I. Background compliance strategies and costs, and DATES: Comments must be received on On January 18, 2017, PHMSA safety benefits; or before May 19, 2017. To the extent published an advance notice of 5. Evaluating the extent to which use possible, PHMSA will consider late- proposed rulemaking (ANPRM) titled, of DOT Specification 117 tank cars filed comments during the next stage of ‘‘Hazardous Materials: Volatility of mitigates the risk of transporting crude the rulemaking process. Unrefined Petroleum Products and Class oil; 3 Materials,’’ addressing the volatility of ADDRESSES: You may submit comments 6. Comparing compliance costs of unrefined petroleum products and identified by Docket No. PHMSA–2016– mitigation strategies with risk reduction potentially all Class 3 flammable liquids 0077 by any of the following methods: from adoption of the petition; and transported by means other than • Federal eRulemaking Portal: Go to pipeline. See (82 FR 5499). The ANPRM 7. Balancing the benefits and costs in http://www.regulations.gov. Follow the informed stakeholders of a possible setting the level of the chosen metric. online instructions for submitting change to the Hazardous Materials comments. II. Comment Period Extension Regulations based on a petition for • Fax: 1–202–493–2251. rulemaking submitted by the Attorney PHMSA received an initial request • Mail: Docket Operations, U.S. General of the State of New York from the American Petroleum Institute Department of Transportation, West regarding vapor pressure limits for (API) to extend the comment period for Building, Ground Floor, Room W12– crude oil. the ANPRM by 30 days. API indicated 140, Routing Symbol M–30, 1200 New The ANPRM posed 39 questions on a in their request that industry needs Jersey Avenue SE., Washington, DC wide variety of topics ranging from extra time to obtain information on 20590. sampling and testing, proper experiences with classification, testing, • Hand Delivery: To Docket classification, and numerous sampling, and packaging of unrefined Operations, Room W12–140 on the characteristics of crude oil relevant to petroleum products. Because of the ground floor of the West Building, 1200 its unique hazards. Specifically, number of questions posted, the New Jersey Avenue SE., Washington, PHMSA sought comments on whether technical nature of the questions, and DC 20590, between 9 a.m. and 5 p.m., there should be national vapor pressure the potentially broad implications to Monday through Friday, except Federal standards for petroleum products and/or operations throughout the supply chain, Holidays. other Class 3 hazardous materials and, API believes the opportunity for a Instructions: All submissions must if so, recommendations for such thorough review before responding to include the agency name and docket thresholds. It was the intent of the PHMSA is crucial for any future number for this rulemaking at the ANPRM to obtain the views of those rulemaking. Subsequent to the API beginning of the comment. Note that all affected by the North Dakota Industrial request, PHMSA has received additional comments received will be posted Commission (NDIC) Order, as well as requests from other entities to extend without change to the docket those who are likely to be impacted by the comment period. For instance, the management system, including any the changes proposed in the petition North Dakota Petroleum Council also personal information provided. P–1669 (as discussed in detail in the requests an extension; however, they Docket: For access to the dockets to January 18, 2017 ANPRM), including those who are likely to benefit from, be have requested a 60-day extension. read background documents or comments received, go to http:// adversely affected by, or potentially be PHMSA provided an initial 60-day www.regulations.gov, or DOT’s Docket subject to additional regulation. comment period to the ANPRM. Operations Office (see ADDRESSES). PHMSA sought comment on the However, due to our desire to collect Privacy: In accordance with 5 U.S.C. ANPRM to assist in: meaningful input from a number of 1. Determining the best metric or potentially affected stakeholders and to 553(c), DOT solicits comments from the combination of metrics (vapor pressure the demand by various entities, we public to better inform its rulemaking or other metric) for measuring and agree with the requests to extend the process. DOT posts these comments, controlling fire and explosion risk in comment period to allow further time without edit, including any personal crude oil transport; for public input. Given the number and information the commenter provides, to 2. Quantifying the improvement in www.regulations.gov, as described in variety of requests, PHMSA is extending safety if any, due to risk reduction from the comment period by 60 days. the system of records notice (DOT/ALL– implementation of vapor pressure 14 FDMS), which can be reviewed at thresholds at varying levels; Issued in Washington, DC on March 15, www.dot.gov/privacy. 3. Identifying offerors’ compliance 2017, under authority delegated in 49 CFR FOR FURTHER INFORMATION CONTACT: Lad 1.97. strategies and market impacts with Reid Falat, Director, Engineering and Vapor Pressure (RVP) standards at William S. Schoonover, Research, (202) 366–4545, Office of varying levels of stringency, and Associate Administrator for Hazardous Hazardous Materials Safety, Pipeline estimating their economic costs and Materials Safety, Pipeline and Hazardous and Hazardous Materials Safety environmental impacts; Materials Safety Administration. mstockstill on DSK3G9T082PROD with PROPOSALS Administration, U.S. Department of 4. Identifying other regulations and [FR Doc. 2017–05488 Filed 3–20–17; 8:45 am] Transportation, 1200 New Jersey industry practices, such as volatile BILLING CODE 4910–60–P VerDate Sep<11>2014 15:59 Mar 20, 2017 Jkt 241001 PO 00000 Frm 00020 Fmt 4702 Sfmt 9990 E:\FR\FM\21MRP1.SGM 21MRP1


Document Created: 2017-03-21 01:09:28
Document Modified: 2017-03-21 01:09:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionAdvance notice of proposed rulemaking (ANPRM); Extension of comment period.
DatesComments must be received on or before May 19, 2017. To the extent possible, PHMSA will consider late-filed comments during the next stage of the rulemaking process.
ContactLad Falat, Director, Engineering and Research, (202) 366-4545, Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590- 0001.
FR Citation82 FR 14499 
RIN Number2137-AF24
CFR Citation49 CFR 171
49 CFR 172
49 CFR 173
49 CFR 174
49 CFR 177
49 CFR 178
49 CFR 179
49 CFR 180
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