83 FR 28162 - Hazardous Materials: Miscellaneous Amendments; Response to Appeals; Corrections

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 83, Issue 117 (June 18, 2018)

Page Range		28162-28168
FR Document		2018-12961

PHMSA issues this rulemaking in response to appeals submitted to a previously-published final rule. On June 2, 2016, PHMSA published a final rule that made miscellaneous amendments to the Hazardous Materials Regulations. This final rule specifically responds to appeals to extend the effective date of certain nitric acid packaging and emergency response telephone number amendments as previously adopted. This final rule also clarifies amendments associated with the trigger date of the 10-year test period for certain MC 331 cargo tanks in dedicated propane service and corrects editorial errors.

Federal Register, Volume 83 Issue 117 (Monday, June 18, 2018)

[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Rules and Regulations]
[Pages 28162-28168]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-12961]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 172, 173, and 180

[Docket No. PHMSA-2013-0225 (HM-218H)]
RIN 2137-AF27

Hazardous Materials: Miscellaneous Amendments; Response to
Appeals; Corrections

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

ACTION: Correcting amendments.

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SUMMARY: PHMSA issues this rulemaking in response to appeals submitted
to a previously-published final rule. On June 2, 2016, PHMSA published
a final rule that made miscellaneous amendments to the Hazardous
Materials Regulations. This final rule specifically responds to appeals
to extend the effective date of certain nitric acid packaging and
emergency response telephone number amendments as previously adopted.
This final rule also clarifies amendments associated with the trigger
date of the 10-year test period for certain MC 331 cargo tanks in
dedicated propane service and corrects editorial errors.

DATES: Effective date: This final rule is effective July 18, 2018.
Voluntary compliance date: June 18, 2018.
Delayed compliance date: Unless otherwise specified, compliance
with the amendments adopted in this final rule is required beginning
September 17, 2018.

FOR FURTHER INFORMATION CONTACT: Michael Ciccarone, Standards and
Rulemaking Division, (202) 366-8553, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
A. Notice of Proposed Rulemaking
B. Final Rule
II. Appeals to the Final Rule
A. Appellants
B. Discussion of Appeals by Affected Section
III. Corrections and Amendments
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
B. Executive Order 12866 (Regulatory Planning and Review),
Executive Order 13563 (Improving Regulation and Regulatory Review),
Executive Order 13610 (Identifying and Reducing Regulatory Burdens),
Executive Order 13771 (Reducing Regulation and Controlling
Regulatory Costs) and DOT Regulatory Policies and Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
F. Paperwork Reduction Act
G. Regulation Identifier Number (RIN)
H. Unfunded Mandates Reform Act
I. Environmental Assessment
J. Privacy Act
K. International Trade Analysis

I. Background

A. Notice of Proposed Rulemaking

On January 23, 2015, PHMSA published a notice of proposed
rulemaking (NPRM) under Docket No. PHMSA-2013-0225 [(HM-218H); 80 FR
3787] that proposed amendments to update and clarify existing
requirements of the Hazardous Materials Regulations (HMR; 49 CFR parts
171-180). Both the NPRM and the subsequent final rule--see Section I,
Subsection B (``Final Rule'') of this rulemaking--are part of DOT's
Retrospective Regulatory Review (RRR) process designed to identify
possible improvements to the regulations through the extensive review
of both the HMR and previously-issued letters of interpretation. In
addition, the NPRM proposed regulatory requirements in response to
seven (7) petitions for rulemaking and two (2) National Transportation
Safety Board (NTSB) Safety Recommendations.

B. Final Rule

On June 2, 2016, PHMSA issued a final rule titled, ``Hazardous
Materials: Miscellaneous Amendments (RRR),'' under Docket No. PHMSA-
2013-0225 [(HM-218H); 81 FR 35483] that made miscellaneous amendments
to the HMR to update and clarify certain regulatory requirements. Based
on an assessment of the proposed changes and the comments received, the
June 2, 2016 final rule covered various topics including the following
topics addressed in this rule:

Emergency response telephone numbers
Packaging instructions for certain shipments of nitric acid
Test period extension to 10 years for certain MC 331 cargo
tanks in dedicated propane delivery service
Hazardous Materials Table revisions
Pressure relief device testing for cargo tank motor vehicles

[[Page 28163]]

Organic peroxide materials

II. Appeals to the Final Rule

A. Appellants

In this final rule, PHMSA addresses appeals submitted by the
following organizations in response to the June 2, 2016 final rule:

Council on Safe Transportation of Hazardous Articles, Inc.
(COSTHA)
The Dangerous Goods Advisory Council (DGAC)
National Association of Chemical Distributors (NACD)
United Parcel Service (UPS)

B. Discussion of Appeals by Affected Section

The specific concerns raised by the appellants are outlined below
by section of the HMR:
Section 172.604
Section 172.604 prescribes emergency response telephone number
requirements. In response to a petition for rulemaking (P-1597) from
DGAC, PHMSA removed the allowance to use an alphanumeric telephone
number as the emergency response telephone number listed on a shipping
paper. Removal of this authorization eliminated time delays, which
result from converting letters to numbers in extremely time-sensitive
situations and present an unnecessary delay in emergency response.
Therefore, PHMSA amended Sec. 172.604(a) to require the emergency
response telephone number to be displayed numerically only.
Following the June 2, 2016 final rule, UPS submitted an appeal
concerning the effective date for this amendment. Specifically, UPS
indicated that the July 5, 2016, effective date did not provide
sufficient time to update the electronic systems used for processing
hazardous material shipments and implement the new requirement to use
only numeric emergency response telephone numbers. Additionally, UPS
stated in its appeal that shippers may be challenged by the short
transition period. UPS suggested a one-year timeframe to overcome the
challenges and implement the new requirements.
PHMSA understands the concerns raised by UPS and recognizes the
need for additional time to comply with this regulatory amendment.
PHMSA had accepted UPS's appeal to delay the compliance date. However,
recent appellant feedback shows that the extended timeframe since the
publication of the previous final rule on June 2, 2016, has allowed
entities such as UPS sufficient time to update their electronic
systems. PHMSA does not believe that it is necessary to extend the
compliance date any further beyond the effective date and delayed
compliance schedule of this final rule. See DATES. Note that PHMSA will
not be taking enforcement action for non-compliance with this
requirement for the period from July 5, 2016, to the effective date of
this rule.
Section 173.158
Section 173.158 prescribes the packaging requirements for nitric
acid. In response to a petition for rulemaking (P-1601) from UPS, PHMSA
amended the packaging provisions for certain shipments of nitric acid
by requiring intermediate packaging for glass inner packagings. In its
petition, UPS expressed concern regarding incidents of fire in
transport from combination packagings of wooden or fiberboard outer
packaging with the glass inners. The addition of intermediate packaging
for these packagings would improve safety by preventing breakage,
leakage, and resulting fires. Therefore, PHMSA amended Sec. 173.158(e)
to require that when nitric acid, in concentrations less than 90
percent, is packaged in glass inner packagings placed in wooden or
fiberboard outer packaging, the glass inner packagings must be packed
in tightly-closed, non-reactive intermediate packagings and cushioned
with a non-reactive absorbent material. Previously, no intermediate
packaging was required.
COSTHA, DGAC, and NACD submitted appeals expressing concern
regarding the effective date for this amendment. They stated that the
July 5, 2016, effective date did not provide sufficient time for
shippers to sell current inventory or process inventory through the
distribution system or the supply chain. Furthermore, they argued the
original effective date did not allow sufficient time for testing and
development of new packaging that would comply with the new
requirement. They requested a transition period of one year from the
effective date of the rulemaking to allow for existing inventory to be
processed and new packaging to be secured.
PHMSA understands the concerns of the regulated community regarding
the time needed to move inventory and comply with the new packaging
requirements. PHMSA had accepted the appeals from COSTHA, DGAC, and
NACD to extend the compliance date for the modified nitric acid
packaging requirement. Recent appellant feedback shows that most
shippers are able to comply with the new requirements, while a few are
still working to reduce their stock of completed packages and unused
packagings predating the nitric acid packaging change in the June 2,
2016, final rule. Similar to our response to the Sec. 172.604(a)
changes and appeal, PHMSA will not be taking enforcement action for
non-compliance with this requirement for the period from July 5, 2016,
to the effective date of this rule. PHMSA is further extending the
compliance date to 90 days after publication of this final rule in the
Federal Register. See DATES.
Furthermore, PHMSA has received public requests for additional
clarification of the requirement for the use of non-reactive absorbent
material in Sec. 173.158(e). As previously stated, when nitric acid,
in concentrations less than 90 percent, is packaged in wooden or
fiberboard outer packaging, in combination with glass inner packagings,
the glass inner packagings must be packed in tightly-closed, non-
reactive intermediate packagings and cushioned with a non-reactive
absorbent material. In the June 2, 2016 final rule, PHMSA did not
specify how much absorbent material is required for this packaging
configuration. Persons have inquired on exactly how much absorbent
material must be used. We clarify in this final rule that, consistent
with other provisions for use of absorbent material in the HMR, the
absorbent material should be in sufficient quantity to absorb the
entire contents of the inner packagings.

III. Corrections and Amendments

In this final rule, PHMSA also makes corrections to sections that
were amended by the June 2, 2016 final rule and a March 30, 2017 final
rule under Docket Number PHMSA-2015-0273 (HM-215N) [82 FR 15795].
Specifically, we make a conforming amendment to Sec. 173.129 for
organic peroxides and clarify applicable requirements for cargo tank
motor vehicle (CTMV) periodic tests and inspection. A section-by-
section summary of these corrections is as follows:

Part 172

Section 172.101
This section prescribes the purpose and instructions for use of the
Sec. 172.101 Hazardous Materials Table (HMT). We are making editorial
corrections to two entries in the HMT. For the entry ``UN0501,
Propellant, solid'' the Packing Group (PG) in Column (5) is removed as
it was inadvertently re-added in the March 30, 2017 final rule (HM-
215N). For the entry ``UN0190, Samples, explosive, other than
initiating explosives'' the PG in Column (5) is removed for consistency
with revisions to all other Class 1 explosive entries

[[Page 28164]]

made in the June 2, 2016 final rule. Under that rule, all references to
PG II in the HMT for explosives were removed as unnecessary because
explosives are not assigned packing groups.

Part 173

Section 173.129
Section 173.129 prescribes the requirements for assigning a PG to
organic peroxides. Specifically, this section assigns PG II to all
organic peroxides. The June 2, 2016, final rule removed the PG
designation for all organic peroxides in the Sec. 172.101 Hazardous
Materials Table (HMT) to harmonize with international standards.
However, the text that assigns PG II to all organic peroxides was left
in Sec. 173.129 and may cause confusion for shippers of organic
peroxides when reviewing the HMT because the PG designation is no
longer shown. Therefore, for consistency and to further clarify that
organic peroxides are no longer assigned a packing group, PHMSA is
removing and reserving this section.

Part 180

Section 180.407
Paragraph (c) of Sec. 180.407 provides a table of compliance dates
for periodic tests and inspection of DOT specification CTMVs. The June
2, 2016, final rule added a provision to allow for a 10-year interval
period for the pressure test and internal visual inspection of MC 331
CTMVs under certain conditions (e.g., the cargo tanks must be made of
nonquenched and tempered (NQT) SA-612 steel). The provision included a
Note 5 that extended the 10-year inspection period to cargo tanks made
of NQT SA-202 or NQT SA-455 steel provided the materials have full-size
equivalent (FSE) Charpy vee notch (CVN) energy test data that
demonstrated 75% shear-area ductility at 32[emsp14][deg]F with an
average of 3 or more samples >15 ft-lb FSE with no sample <10 ft-lb
FSE. However, NQT SA-612 was inadvertently included in the Note. It was
the agency's intent that Note 5 only refer to NQT SA-202 or NQT SA-455
steel because NQT SA-612 is already referenced within the table making
its inclusion in Note 5 redundant and confusing. Therefore, in this
final rule, PHMSA is correcting Note 5 to only refer to NQT SA-202 and
NQT SA-455 steels.
Additionally, we are clarifying that as of the June 2, 2016 final
rule's effective date, the 10-year inspection period for eligible CTMVs
applies from the date the most recent pressure test and internal visual
inspection were performed. Meaning eligible cargo tanks tested or
inspected prior to the effective date do not have to complete the 5-yr
cycle before being able to test or inspect on a 10-year cycle.
Finally, within the paragraph (c) table in the column for ``Date by
which first test must be completed (see Note 1),'' we included trigger
dates for applicability of the new 10-year requalification for MC 331
CTMVs made of these steels and made the dates consistent with the
trigger dates for the other inspection and testing provisions within
the table. This has caused unwarranted confusion for the regulated and
enforcement communities with respect to compliance. First, the dates
were intended to be the same however we introduced a September 1, 2016
date for the visual inspection and a September 1, 2017 date for the
pressure test causing confusion on why they were different. Second, the
trigger date(s) are different than the July 5, 2016 effective date of
the rule causing further confusion on which applies. Therefore, in this
rule, we are removing the trigger dates from the paragraph (c) table
and clarifying that the effective date (July 5, 2016) of the June 2,
2016 final rule is the trigger date and reiterating that the 10-year
interval applies.
Paragraph (g) of Sec. 180.407 prescribes the pressure test
requirements for all components of the cargo tank wall. Prior to the
publication of the June 2, 2016 final rule, the bench testing
requirements for pressure relief valves were contained within Sec.
180.407(g)(1)(ii). In response to a petition (P-1609) from the Truck
Trailer Manufacturers Association (TTMA), the June 2, 2016 final rule
clarified the requirements for testing pressure relief valves and
relocated the requirements of Sec. 180.407(g)(1)(ii)(A), (B), and (C)
to Sec. 180.407(j) as (j)(1), (2), and (3), respectively. However, due
to an incorrect Federal Register instruction, only the introductory
text was revised. It was the agency's intent to revise the entire
section to remove the paragraphs Sec. 180.407(g)(1)(ii)(A), (B), and
(C). To avoid further confusion by regulated entities, in this final
rule, PHMSA is removing Sec. 180.407(g)(1)(ii)(A), (B), and (C) as
redundant because these same requirements currently reside in Sec.
180.407(j).
PHMSA has received some inquiries regarding the new provisions of
Sec. 180.407(j) and how they relate to other sections pertaining to
CTMVs. Therefore, PHMSA seeks to clarify that while Sec. 180.407(j)
permits DOT 400 series pressure relief devices to be installed on MC
300 series CTMVs, the pressure relief devices must still meet the
venting capacity and set pressure requirements of the original
specification, in accordance with Sec. Sec. 173.33(d)(3) and
180.407(h)(2).

IV. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

This final rule is published under authority of Federal hazardous
materials transportation law (Federal hazmat law). See 49 U.S.C. 5101
et seq. Section 5103(b) of Federal hazmat law authorizes the Secretary
of Transportation (Secretary) to prescribe regulations for the safe
transportation, including security, of hazardous materials in
intrastate, interstate, and foreign commerce. Further, section 5120(b)
of Federal hazmat law authorizes the Secretary to ensure that, to the
extent practicable, regulations governing the transportation of
hazardous materials in commerce are consistent with standards adopted
by international authorities. The Secretary has delegated the authority
granted in the Federal hazmat law to the PHMSA Administrator. See 49
CFR 1.97.

B. Executive Order 12866 (Regulatory Planning and Review), Executive
Order 13563 (Improving Regulation and Regulatory Review), Executive
Order 13610 (Identifying and Reducing Regulatory Burdens), Executive
Order 13771 (Reducing Regulation and Controlling Regulatory Costs) and
DOT Regulatory Policies and Procedures

This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866, ``Regulatory Planning and
Review.'' See 58 FR 51735 (Oct. 4, 1993). Accordingly, this final rule
was not reviewed by the Office of Management and Budget (OMB) and is
not considered a significant regulatory action under the DOT Regulatory
Policies and Procedures of February 26, 1979. See 44 FR 11034.
Executive Order 13563, ``Improving Regulation and Regulatory
Review,'' supplements and reaffirms the principles, structures, and
definitions governing regulatory review that were established in
Executive Order 12866. See 76 FR 3821 (Jan. 21, 2011). Executive Order
13563 notes that our nation's current regulatory system must protect
not only public health, welfare, safety, and our environment, but also
promote economic growth, innovation, competitiveness, and job creation.
In addition, Executive Order 13563 specifically requires Federal
agencies to: (1) Involve the public in the regulatory

[[Page 28165]]

process; (2) promote simplification and harmonization through
interagency coordination; (3) ``identify and consider regulatory
approaches that reduce burdens and maintain flexibility''; (4) ensure
the objectivity of any scientific or technological information used to
support regulatory action; and (5) consider how to best promote
retrospective analysis to modify, streamline, expand, or repeal
existing rules that are outmoded, ineffective, insufficient, or
excessively burdensome.
Executive Order 13610, ``Identifying and Reducing Regulatory
Burdens,'' urges agencies to conduct retrospective analyses of existing
rules to examine whether they remain justified and whether they should
be modified or streamlined in light of changed circumstances, including
the rise of new technologies. See 77 FR 28467 (May 14, 2012).
Executive Order 13771, ``Reducing Regulation and Controlling
Regulatory Costs,'' states that, ``for every one new regulation issued,
at least two prior regulations be identified for elimination, and that
the cost of planned regulations be prudently managed and controlled
through a budgeting process.'' Guidance released publicly and dated
February 2, 2017 clarified that two ``deregulatory actions'' would be
needed to fully offset the costs of each new significant regulatory
action that imposes costs.
As this final rule is not considered a significant action under
3(f) of Executive Order 12866, E.O. 13771 is not applicable to this
action, and this action has not been analyzed in accordance with the
principles and criteria of E.O. 13771.\1\
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\1\ Interim Guidance Implementing Section 2 of the Executive
Order of January 30, 2017, ``Reducing Regulation and Controlling
Regulatory Costs, Docket ID: OMB-2017-0002, available at: https://www.regulations.gov/document?D=OMB-2017-0002-0001.
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Together, these executive orders require agencies to regulate in
the ``most cost-effective manner,'' to make a ``reasoned determination
that the benefits of the intended regulation justify its costs,'' and
to develop regulations that ``impose the least burden on society.''
As discussed in this rulemaking, PHMSA is amending various
provisions in the HMR for necessary clarification and relaxation of
overly burdensome requirements. These appeals requested that PHMSA
extend the compliance date of the nitric acid packaging requirements,
as well as the compliance date of the requirement for offerors to
provide emergency response telephone numbers in numeric form only.\2\
Delaying these effective dates is a relaxation or reduction of the
burden facing the regulated community. PHMSA anticipates the amendments
contained in this rule will provide regulatory clarity and flexibility
to the regulated community.
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\2\ U.S. Department of Transportation, Pipeline and Hazardous
Materials Safety Administration, ``Hazardous Materials;
Miscellaneous Amendments (RRR),'' published June 2, 2016, 81 FR
35484, available at: https://www.regulations.gov/document?D=PHMSA-2013-0225-0075.
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C. Executive Order 13132

This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13132, ``Federalism,'' which
requires agencies to assure meaningful and timely input by State and
local officials in the development of regulatory policies that may have
``substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.'' See 64
FR 43255 (Aug. 10, 1999).
This final rule would preempt State, local, and Indian tribe
requirements but does not propose any regulation that has substantial
direct effects on the States, the relationship between the national
government and the States, or the distribution of power and
responsibilities among the various levels of government. Therefore, the
consultation and funding requirements of Executive Order 13132 do not
apply.
This final rule concerns the classification, packaging, marking,
labeling, and handling of hazardous materials, among other covered
subjects. As adopted, this rule preempts any State, local, or Indian
tribe requirements concerning these subjects unless the non-Federal
requirements are ``substantively the same'' as the Federal
requirements. See 49 CFR 107.202(d).

D. Executive Order 13175

This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' which requires agencies
to assure meaningful and timely input from Indian tribal government
representatives in the development of rules that significantly or
uniquely affect Indian communities by imposing ``substantial direct
compliance costs'' or ``substantial direct effects'' on such
communities or the relationship and distribution of power between the
Federal Government and Indian tribes. See 65 FR 67249 (Nov. 9, 2000).
Since this final rule does not have tribal implications and does not
impose substantial direct compliance costs on Indian tribal
governments, the funding and consultation requirements of Executive
Order 13175 do not apply and a tribal summary impact statement is not
required.

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

The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires
agencies to consider whether a rulemaking would have a ``significant
economic impact on a substantial number of small entities.'' In
addition, the Regulatory Flexibility Act directs agencies to establish
exceptions and differing compliance standards for small businesses,
where it is possible to do so while still meeting the objectives of
applicable regulatory statutes. However, in the case of hazardous
materials transportation, it is not possible to establish exceptions or
differing standards and still accomplish our safety objectives.
As this final rule would clarify provisions based on PHMSA's
initiatives and correspondence with the regulated community, the impact
that it will have on small entities is not expected to be significant.
The changes are generally intended to provide relief and, as a result,
marginal positive benefits to shippers, carriers, and packaging
manufactures and testers, including small entities. These benefits are
not at a level that can be considered economically significant.
Consequently, this final rule will not have a significant economic
impact on a substantial number of small entities.
This final rule has been developed in accordance with Executive
Order 13272, ``Proper Consideration of Small Entities in Agency
Rulemaking,'' 67 FR 53461 (Aug. 16, 2002), as well as DOT's Procedures
and Policies, to promote compliance with the Regulatory Flexibility Act
to ensure that potential impacts of draft rules on small entities are
properly considered.

F. Paperwork Reduction Act

This final rule imposes no new information collection and
recordkeeping requirements.

G. Regulation Identifier Number (RIN)

A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each

[[Page 28166]]

year. The RIN number contained in the heading of this document can be
used to cross-reference this action with the Unified Agenda.

H. Unfunded Mandates Reform Act

This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. Public Law 104-4. It does not
result in costs of $155 million or more to either State, local, or
Tribal governments, in the aggregate, or to the private sector, and it
is the least burdensome alternative that achieves the objective of the
rule.

I. Environmental Assessment

The National Environmental Policy Act of 1969 (NEPA), 42 U.S.C.
4321-4375, requires Federal agencies to analyze proposed actions to
determine whether they will have a significant impact on the human
environment. In the June 2, 2016 final rule, PHMSA developed an
assessment to determine the effects of these revisions on the
environment and whether a more comprehensive environmental impact
statement may be required. Our findings conclude that there are no
significant environmental impacts associated with this final rule. The
amendments are intended to: Update, clarify, or provide relief from
certain existing regulatory requirements to promote safer
transportation practices; eliminate unnecessary regulatory
requirements; facilitate international commerce; and make these
requirements easier to understand. For interested parties, the
environmental assessment is included with the June 2, 2016, final rule
available in the public docket.

J. Privacy Act

In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. Anyone is able to
search the electronic form of any written communications and comments
received into any of our dockets by the name of the individual
submitting the document (or signing the document, if submitted on
behalf of an association, business, labor union, etc.). You may review
DOT's complete Privacy Act Statement in the Federal Register published
on April 11, 2000 [65 FR 19477] or you may visit http://www.dot.gov/privacy.

K. International Trade Analysis

The Trade Agreements Act of 1979, Public Law 96-39, as amended by
the Uruguay Round Agreements Act, Public Law 103-465, prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Pursuant to these Acts, the establishment of
standards is not considered an unnecessary obstacle to the foreign
commerce of the United States, so long as the standards have a
legitimate domestic objective, such as the protection of safety, and do
not operate in a manner that excludes imports that meet this objective.
The statute also requires consideration of international standards and,
where appropriate, that they be the basis for U.S. standards. PHMSA
notes the purpose of this rulemaking is to ensure the safety of the
American public and has assessed the effects of this rule to ensure
that it does not exclude imports that meet this objective. As a result,
this final rule is not considered as creating an unnecessary obstacle
to foreign commerce.

List of Subjects

49 CFR Part 172

Education, Hazardous materials transportation, Hazardous waste,
Labeling, Markings, Packaging and containers, Reporting and
recordkeeping requirements.

49 CFR Part 173

Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements, Uranium.

49 CFR Part 180

Hazardous materials transportation, Incorporation by reference,
Motor carriers, Motor vehicle safety, Packaging and containers,
Railroad safety, Reporting and recordkeeping requirements.

In consideration of the foregoing, PHMSA amends 49 CFR chapter I as
follows:

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS

0
1. The authority citation for part 172 continues to read as follows:

Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.

0
2. In Sec. 172.101, the Hazardous Materials Table is amended by
revising the following entries in the appropriate alphabetical
sequence:

Sec. 172.101 Purpose and use of hazardous materials table.

* * * * *
BILLING CODE 4910-60-P

[[Page 28167]]

[GRAPHIC] [TIFF OMITTED] TR18JN18.000

[[Page 28168]]

* * * * *
BILLING CODE 4910-60-C

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS

0
3. The authority citation for part 173 continues to read as follows:

Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.

Sec. 173.129 [Removed and Reserved]

0
4. Remove and reserve Sec. 173.129.

0
5. In Sec. 173.158, revise paragraph (e) to read as follows:

Sec. 173.158 Nitric acid.

* * * * *
(e) Nitric acid of less than 90 percent concentration, when offered
for transportation or transported by rail, highway, or water may be
packaged in 4A, 4B, or 4N metal boxes, 4G fiberboard boxes or 4C1, 4C2,
4D or 4F wooden boxes with inside glass packagings of not over 2.5 L
(0.66 gallon) capacity each. Beginning September 17, 2018, when placed
in wooden or fiberboard outer packagings, glass inner packagings must
be packed in tightly-closed, intermediate packagings and cushioned with
absorbent material sufficient to absorb the entire contents of the
package. The intermediate packaging and absorbent material must be
compatible with the nitric acid. See Sec. 173.24(e).
* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
6. The authority citation for part 180 is revised to read as follows:

Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
7. In Sec. 180.407:
0
a. Revise the table and notes in paragraph (c); and
0
b. Revise paragraph (g)(1)(ii).
The revisions read as follows:

Sec. 180.407 Requirements for test and inspection of specification
cargo tanks.

* * * * *
(c) * * *

Compliance Dates--Inspections and Test Under Sec. 180.407(c)
----------------------------------------------------------------------------------------------------------------
Test or inspection (cargo tank
specification, configuration, and Date by which first test must be completed Interval period after
service) (see Note 1) first test
----------------------------------------------------------------------------------------------------------------
External Visual Inspection:
All cargo tanks designed to be September 1, 1991.......................... 6 months.
loaded by vacuum with full opening
rear heads.
All other cargo tanks.............. September 1, 1991.......................... 1 year.
Internal Visual Inspection:
All insulated cargo tanks, except September 1, 1991.......................... 1 year.
MC 330, MC 331, MC 338 (see Note
4).
All cargo tanks transporting lading September 1, 1991.......................... 1 year.
corrosive to the tank.
MC 331 cargo tanks less than 3,500 ........................................... 10 years.
gallons water capacity in
dedicated propane service
constructed of nonquenched and
tempered NQT SA-612 steel (see
Note 5).
All other cargo tanks, except MC September 1, 1995.......................... 5 years.
338.
Lining Inspection:
All lined cargo tanks transporting September 1, 1991.......................... 1 year.
lading corrosive to the tank.
Leakage Test:
MC 330 and MC 331 cargo tanks in September 1, 1991.......................... 2 years.
chlorine service.
All other cargo tanks except MC 338 September 1, 1991.......................... 1 year.
Pressure Test:
(Hydrostatic or pneumatic) (See
Notes 2 and 3).
All cargo tanks which are insulated September 1, 1991.......................... 1 year.
with no manhole or insulated and
lined, except MC 338.
All cargo tanks designed to be September 1, 1992.......................... 2 years.
loaded by vacuum with full opening
rear heads.
MC 330 and MC 331 cargo tanks in September 1, 1992.......................... 2 years.
chlorine service.
MC 331 cargo tanks less than 3,500 10 years.
gallons water capacity in
dedicated propane service
constructed of nonquenched and
tempered NQT SA-612 steel (See
Note 5).
All other cargo tanks.............. September 1, 1995.......................... 5 years.
Thickness Test:
All unlined cargo tanks September 1, 1992.......................... 2 years.
transporting material corrosive to
the tank, except MC 338.
----------------------------------------------------------------------------------------------------------------
Note 1: If a cargo tank is subject to an applicable inspection or test requirement under the regulations in
effect on December 30, 1990, and the due date (as specified by a requirement in effect on December 30, 1990)
for completing the required inspection or test occurs before the compliance date listed in table I, the
earlier date applies.
Note 2: Pressure testing is not required for MC 330 or MC 331 cargo tanks in dedicated sodium metal service.
Note 3: Pressure testing is not required for uninsulated lined cargo tanks, with a design pressure MAWP 15 psig
or less, which receive an external visual inspection and lining inspection at least once each year.
Note 4: Insulated cargo tanks equipped with manholes or inspection openings may perform either an internal
visual inspection in conjunction with the external visual inspection or a hydrostatic or pneumatic pressure-
test of the cargo tank.
Note 5: A 10-year inspection interval period also applies to cargo tanks constructed of NQT SA-202 or NQT SA-455
steel provided the materials have full-size equivalent (FSE) Charpy vee notch (CVN) energy test data that
demonstrated 75% shear-area ductility at 32[emsp14][deg]F with an average of 3 or more samples >15 ft-lb FSE
with no sample <10 ft-lb FSE.

* * * * *
(g) * * *
(1) * * *
(ii) All self-closing pressure relief valves, including emergency
relief vents and normal vents, must be removed from the cargo tank for
inspection and testing according to the requirements in paragraph (j)
of this section.
* * * * *

Issued in Washington, DC, on June 12, 2018, under authority
delegated in 49 CFR 1.97.
Howard R. Elliott,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2018-12961 Filed 6-15-18; 8:45 am]
BILLING CODE 4910-60-P

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

§ 300.1 Incorporation by reference of the DEPARTMENT OF TRANSPORTATION B. Executive Order 12866 (Regulatory
Manual of Regulations and Procedures for Planning and Review), Executive Order
Federal Radio Frequency Management. Pipeline and Hazardous Materials 13563 (Improving Regulation and
(a) The Manual of Regulations and Safety Administration Regulatory Review), Executive Order
Procedures for Federal Radio Frequency 13610 (Identifying and Reducing
Management (the NTIA Manual) is Regulatory Burdens), Executive Order
49 CFR Parts 172, 173, and 180 13771 (Reducing Regulation and
issued by the Assistant Secretary of Controlling Regulatory Costs) and DOT
Commerce for Communications and [Docket No. PHMSA–2013–0225 (HM–218H)]
Regulatory Policies and Procedures
Information, and is specifically RIN 2137–AF27 C. Executive Order 13132
designed to cover the Assistant D. Executive Order 13175
Secretary’s frequency management Hazardous Materials: Miscellaneous E. Regulatory Flexibility Act, Executive
responsibilities pursuant to delegated Amendments; Response to Appeals; Order 13272, and DOT Procedures and
authority under 47 U.S.C. 901 et seq. Corrections Policies
and Executive Order 12046 (March 27, F. Paperwork Reduction Act
1978). Federal agencies must comply AGENCY: Pipeline and Hazardous G. Regulation Identifier Number (RIN)
with the requirements in the NTIA Materials Safety Administration H. Unfunded Mandates Reform Act
(PHMSA), U.S. Department of I. Environmental Assessment
Manual specified in paragraph (b) of J. Privacy Act
this section. Transportation (DOT).
K. International Trade Analysis
(b) The NTIA Manual is incorporated ACTION: Correcting amendments.
by reference into this section with I. Background
approval of the Director of the Federal SUMMARY: PHMSA issues this
rulemaking in response to appeals A. Notice of Proposed Rulemaking
Register under 5 U.S.C. 552(a) and 1
CFR part 51. All approved material is submitted to a previously-published On January 23, 2015, PHMSA
available for inspection at National final rule. On June 2, 2016, PHMSA published a notice of proposed
Telecommunications and Information published a final rule that made rulemaking (NPRM) under Docket No.
Administration, Office of Spectrum miscellaneous amendments to the PHMSA–2013–0225 [(HM–218H); 80 FR
Management, 1401 Constitution Avenue Hazardous Materials Regulations. This 3787] that proposed amendments to
NW, Room 1087, Washington, DC final rule specifically responds to update and clarify existing requirements
20230, Peter Tenhula at (202) 482–9142, appeals to extend the effective date of of the Hazardous Materials Regulations
and is available from the sources certain nitric acid packaging and (HMR; 49 CFR parts 171–180). Both the
indicated below. It is also available for emergency response telephone number NPRM and the subsequent final rule—
inspection at the National Archives and amendments as previously adopted. see Section I, Subsection B (‘‘Final
Records Administration (NARA). For This final rule also clarifies Rule’’) of this rulemaking—are part of
information on the availability of this amendments associated with the trigger DOT’s Retrospective Regulatory Review
material, call 202–741–6030 or go to date of the 10-year test period for certain (RRR) process designed to identify
www.archives.gov/federal-register/cfr/ MC 331 cargo tanks in dedicated possible improvements to the
ibr-locations.html. propane service and corrects editorial regulations through the extensive
(1) Commerce Department, National errors. review of both the HMR and previously-
Telecommunications and Information DATES: Effective date: This final rule is issued letters of interpretation. In
Administration, Office of Spectrum effective July 18, 2018. addition, the NPRM proposed regulatory
Management, 1401 Constitution Avenue Voluntary compliance date: June 18, requirements in response to seven (7)
NW, Washington, DC 20230.The NTIA 2018. petitions for rulemaking and two (2)
Manual is available online at https:// Delayed compliance date: Unless National Transportation Safety Board
www.ntia.doc.gov/page/2011/manual- otherwise specified, compliance with (NTSB) Safety Recommendations.
regulations-and-procedures-federal- the amendments adopted in this final
radio-frequency-management-redbook B. Final Rule
rule is required beginning September
and from the Superintendent of On June 2, 2016, PHMSA issued a
17, 2018.
Documents, U.S. Government Printing final rule titled, ‘‘Hazardous Materials:
Office, Washington, DC 20402, by FOR FURTHER INFORMATION CONTACT: Miscellaneous Amendments (RRR),’’
referring to Catalog Number 903–008– Michael Ciccarone, Standards and under Docket No. PHMSA–2013–0225
00000–8. Rulemaking Division, (202) 366–8553, [(HM–218H); 81 FR 35483] that made
(i) Manual of Regulations and Pipeline and Hazardous Materials Safety miscellaneous amendments to the HMR
Procedures for Federal Radio Frequency Administration, U.S. Department of to update and clarify certain regulatory
Management, 2013 Edition, dated May Transportation, 1200 New Jersey requirements. Based on an assessment
2013, as modified by: Avenue SE, Washington, DC 20590– of the proposed changes and the
(A) May 2014 Revisions, approved 0001. comments received, the June 2, 2016
June 24, 2014; SUPPLEMENTARY INFORMATION: final rule covered various topics
(B) September 2015 Revisions, including the following topics
approved March 11, 2016; and Table of Contents addressed in this rule:
(C) September 2017 Revisions, I. Background • Emergency response telephone
approved February 5, 2018. A. Notice of Proposed Rulemaking
(ii) [Reserved] numbers
B. Final Rule • Packaging instructions for certain
(2) [Reserved] II. Appeals to the Final Rule
shipments of nitric acid
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Dated: June 11, 2018. A. Appellants
B. Discussion of Appeals by Affected
• Test period extension to 10 years for
David J. Redl, certain MC 331 cargo tanks in
Section
Assistant Secretary for Communications and III. Corrections and Amendments dedicated propane delivery service
Information. IV. Regulatory Analyses and Notices • Hazardous Materials Table revisions
[FR Doc. 2018–12790 Filed 6–15–18; 8:45 am] A. Statutory/Legal Authority for This • Pressure relief device testing for cargo
BILLING CODE 3510–60–P Rulemaking tank motor vehicles

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Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations 28163

• Organic peroxide materials believe that it is necessary to extend the acid packaging change in the June 2,
compliance date any further beyond the 2016, final rule. Similar to our response
II. Appeals to the Final Rule
effective date and delayed compliance to the § 172.604(a) changes and appeal,
A. Appellants schedule of this final rule. See DATES. PHMSA will not be taking enforcement
In this final rule, PHMSA addresses Note that PHMSA will not be taking action for non-compliance with this
appeals submitted by the following enforcement action for non-compliance requirement for the period from July 5,
organizations in response to the June 2, with this requirement for the period 2016, to the effective date of this rule.
2016 final rule: from July 5, 2016, to the effective date PHMSA is further extending the
of this rule. compliance date to 90 days after
• Council on Safe Transportation of
Section 173.158 publication of this final rule in the
Hazardous Articles, Inc. (COSTHA)
Federal Register. See DATES.
• The Dangerous Goods Advisory Section 173.158 prescribes the Furthermore, PHMSA has received
Council (DGAC) packaging requirements for nitric acid. public requests for additional
• National Association of Chemical In response to a petition for rulemaking clarification of the requirement for the
Distributors (NACD) (P–1601) from UPS, PHMSA amended use of non-reactive absorbent material
• United Parcel Service (UPS) the packaging provisions for certain in § 173.158(e). As previously stated,
B. Discussion of Appeals by Affected shipments of nitric acid by requiring when nitric acid, in concentrations less
Section intermediate packaging for glass inner than 90 percent, is packaged in wooden
packagings. In its petition, UPS or fiberboard outer packaging, in
The specific concerns raised by the expressed concern regarding incidents
appellants are outlined below by section combination with glass inner
of fire in transport from combination packagings, the glass inner packagings
of the HMR: packagings of wooden or fiberboard must be packed in tightly-closed, non-
Section 172.604 outer packaging with the glass inners. reactive intermediate packagings and
The addition of intermediate packaging cushioned with a non-reactive absorbent
Section 172.604 prescribes emergency for these packagings would improve
response telephone number material. In the June 2, 2016 final rule,
safety by preventing breakage, leakage, PHMSA did not specify how much
requirements. In response to a petition and resulting fires. Therefore, PHMSA
for rulemaking (P–1597) from DGAC, absorbent material is required for this
amended § 173.158(e) to require that packaging configuration. Persons have
PHMSA removed the allowance to use when nitric acid, in concentrations less
an alphanumeric telephone number as inquired on exactly how much
than 90 percent, is packaged in glass absorbent material must be used. We
the emergency response telephone inner packagings placed in wooden or
number listed on a shipping paper. clarify in this final rule that, consistent
fiberboard outer packaging, the glass with other provisions for use of
Removal of this authorization inner packagings must be packed in
eliminated time delays, which result absorbent material in the HMR, the
tightly-closed, non-reactive intermediate
from converting letters to numbers in absorbent material should be in
packagings and cushioned with a non-
extremely time-sensitive situations and sufficient quantity to absorb the entire
reactive absorbent material. Previously,
present an unnecessary delay in contents of the inner packagings.
no intermediate packaging was required.
emergency response. Therefore, PHMSA COSTHA, DGAC, and NACD III. Corrections and Amendments
amended § 172.604(a) to require the submitted appeals expressing concern
emergency response telephone number In this final rule, PHMSA also makes
regarding the effective date for this
to be displayed numerically only. corrections to sections that were
amendment. They stated that the July 5,
Following the June 2, 2016 final rule, amended by the June 2, 2016 final rule
2016, effective date did not provide
UPS submitted an appeal concerning and a March 30, 2017 final rule under
sufficient time for shippers to sell
the effective date for this amendment. Docket Number PHMSA–2015–0273
current inventory or process inventory
Specifically, UPS indicated that the July (HM–215N) [82 FR 15795]. Specifically,
through the distribution system or the
5, 2016, effective date did not provide we make a conforming amendment to
supply chain. Furthermore, they argued
sufficient time to update the electronic § 173.129 for organic peroxides and
the original effective date did not allow
systems used for processing hazardous clarify applicable requirements for cargo
sufficient time for testing and
material shipments and implement the tank motor vehicle (CTMV) periodic
development of new packaging that
new requirement to use only numeric tests and inspection. A section-by-
would comply with the new
emergency response telephone numbers. section summary of these corrections is
requirement. They requested a
Additionally, UPS stated in its appeal as follows:
transition period of one year from the
that shippers may be challenged by the effective date of the rulemaking to allow Part 172
short transition period. UPS suggested a for existing inventory to be processed
one-year timeframe to overcome the Section 172.101
and new packaging to be secured.
challenges and implement the new PHMSA understands the concerns of This section prescribes the purpose
requirements. the regulated community regarding the and instructions for use of the § 172.101
PHMSA understands the concerns time needed to move inventory and Hazardous Materials Table (HMT). We
raised by UPS and recognizes the need comply with the new packaging are making editorial corrections to two
for additional time to comply with this requirements. PHMSA had accepted the entries in the HMT. For the entry
regulatory amendment. PHMSA had appeals from COSTHA, DGAC, and ‘‘UN0501, Propellant, solid’’ the Packing
accepted UPS’s appeal to delay the NACD to extend the compliance date for Group (PG) in Column (5) is removed as
compliance date. However, recent the modified nitric acid packaging it was inadvertently re-added in the
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appellant feedback shows that the requirement. Recent appellant feedback March 30, 2017 final rule (HM–215N).
extended timeframe since the shows that most shippers are able to For the entry ‘‘UN0190, Samples,
publication of the previous final rule on comply with the new requirements, explosive, other than initiating
June 2, 2016, has allowed entities such while a few are still working to reduce explosives’’ the PG in Column (5) is
as UPS sufficient time to update their their stock of completed packages and removed for consistency with revisions
electronic systems. PHMSA does not unused packagings predating the nitric to all other Class 1 explosive entries

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

made in the June 2, 2016 final rule. internal visual inspection were installed on MC 300 series CTMVs, the
Under that rule, all references to PG II performed. Meaning eligible cargo tanks pressure relief devices must still meet
in the HMT for explosives were tested or inspected prior to the effective the venting capacity and set pressure
removed as unnecessary because date do not have to complete the 5-yr requirements of the original
explosives are not assigned packing cycle before being able to test or inspect specification, in accordance with
groups. on a 10-year cycle. §§ 173.33(d)(3) and 180.407(h)(2).
Finally, within the paragraph (c) table
Part 173 in the column for ‘‘Date by which first IV. Regulatory Analyses and Notices
Section 173.129 test must be completed (see Note 1),’’ A. Statutory/Legal Authority for This
Section 173.129 prescribes the we included trigger dates for Rulemaking
requirements for assigning a PG to applicability of the new 10-year
This final rule is published under
organic peroxides. Specifically, this requalification for MC 331 CTMVs made
authority of Federal hazardous materials
section assigns PG II to all organic of these steels and made the dates
consistent with the trigger dates for the transportation law (Federal hazmat law).
peroxides. The June 2, 2016, final rule See 49 U.S.C. 5101 et seq. Section
removed the PG designation for all other inspection and testing provisions
within the table. This has caused 5103(b) of Federal hazmat law
organic peroxides in the § 172.101 authorizes the Secretary of
Hazardous Materials Table (HMT) to unwarranted confusion for the regulated
and enforcement communities with Transportation (Secretary) to prescribe
harmonize with international standards. regulations for the safe transportation,
However, the text that assigns PG II to respect to compliance. First, the dates
were intended to be the same however including security, of hazardous
all organic peroxides was left in materials in intrastate, interstate, and
§ 173.129 and may cause confusion for we introduced a September 1, 2016 date
for the visual inspection and a foreign commerce. Further, section
shippers of organic peroxides when 5120(b) of Federal hazmat law
reviewing the HMT because the PG September 1, 2017 date for the pressure
test causing confusion on why they authorizes the Secretary to ensure that,
designation is no longer shown. to the extent practicable, regulations
Therefore, for consistency and to further were different. Second, the trigger
date(s) are different than the July 5, governing the transportation of
clarify that organic peroxides are no hazardous materials in commerce are
longer assigned a packing group, 2016 effective date of the rule causing
further confusion on which applies. consistent with standards adopted by
PHMSA is removing and reserving this international authorities. The Secretary
section. Therefore, in this rule, we are removing
the trigger dates from the paragraph (c) has delegated the authority granted in
Part 180 table and clarifying that the effective the Federal hazmat law to the PHMSA
date (July 5, 2016) of the June 2, 2016 Administrator. See 49 CFR 1.97.
Section 180.407
final rule is the trigger date and B. Executive Order 12866 (Regulatory
Paragraph (c) of § 180.407 provides a reiterating that the 10-year interval Planning and Review), Executive Order
table of compliance dates for periodic applies.
tests and inspection of DOT 13563 (Improving Regulation and
Paragraph (g) of § 180.407 prescribes Regulatory Review), Executive Order
specification CTMVs. The June 2, 2016, the pressure test requirements for all
final rule added a provision to allow for 13610 (Identifying and Reducing
components of the cargo tank wall. Prior Regulatory Burdens), Executive Order
a 10-year interval period for the to the publication of the June 2, 2016
pressure test and internal visual 13771 (Reducing Regulation and
final rule, the bench testing Controlling Regulatory Costs) and DOT
inspection of MC 331 CTMVs under requirements for pressure relief valves
certain conditions (e.g., the cargo tanks Regulatory Policies and Procedures
were contained within
must be made of nonquenched and § 180.407(g)(1)(ii). In response to a This final rule is not considered a
tempered (NQT) SA–612 steel). The petition (P–1609) from the Truck Trailer significant regulatory action under
provision included a Note 5 that Manufacturers Association (TTMA), the section 3(f) of Executive Order 12866,
extended the 10-year inspection period June 2, 2016 final rule clarified the ‘‘Regulatory Planning and Review.’’ See
to cargo tanks made of NQT SA–202 or requirements for testing pressure relief 58 FR 51735 (Oct. 4, 1993). Accordingly,
NQT SA–455 steel provided the valves and relocated the requirements of this final rule was not reviewed by the
materials have full-size equivalent (FSE) § 180.407(g)(1)(ii)(A), (B), and (C) to Office of Management and Budget
Charpy vee notch (CVN) energy test data § 180.407(j) as (j)(1), (2), and (3), (OMB) and is not considered a
that demonstrated 75% shear-area respectively. However, due to an significant regulatory action under the
ductility at 32 °F with an average of 3 incorrect Federal Register instruction, DOT Regulatory Policies and Procedures
or more samples >15 ft-lb FSE with no only the introductory text was revised. of February 26, 1979. See 44 FR 11034.
sample <10 ft-lb FSE. However, NQT It was the agency’s intent to revise the Executive Order 13563, ‘‘Improving
SA–612 was inadvertently included in entire section to remove the paragraphs Regulation and Regulatory Review,’’
the Note. It was the agency’s intent that § 180.407(g)(1)(ii)(A), (B), and (C). To supplements and reaffirms the
Note 5 only refer to NQT SA–202 or avoid further confusion by regulated principles, structures, and definitions
NQT SA–455 steel because NQT SA– entities, in this final rule, PHMSA is governing regulatory review that were
612 is already referenced within the removing § 180.407(g)(1)(ii)(A), (B), and established in Executive Order 12866.
table making its inclusion in Note 5 (C) as redundant because these same See 76 FR 3821 (Jan. 21, 2011).
redundant and confusing. Therefore, in requirements currently reside in Executive Order 13563 notes that our
this final rule, PHMSA is correcting § 180.407(j). nation’s current regulatory system must
Note 5 to only refer to NQT SA–202 and PHMSA has received some inquiries protect not only public health, welfare,
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NQT SA–455 steels. regarding the new provisions of safety, and our environment, but also
Additionally, we are clarifying that as § 180.407(j) and how they relate to other promote economic growth, innovation,
of the June 2, 2016 final rule’s effective sections pertaining to CTMVs. competitiveness, and job creation. In
date, the 10-year inspection period for Therefore, PHMSA seeks to clarify that addition, Executive Order 13563
eligible CTMVs applies from the date while § 180.407(j) permits DOT 400 specifically requires Federal agencies to:
the most recent pressure test and series pressure relief devices to be (1) Involve the public in the regulatory

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

* * * * * (e) Nitric acid of less than 90 percent PART 180—CONTINUING
BILLING CODE 4910–60–C concentration, when offered for QUALIFICATION AND MAINTENANCE
transportation or transported by rail, OF PACKAGINGS
PART 173—SHIPPERS—GENERAL highway, or water may be packaged in
REQUIREMENTS FOR SHIPMENTS 4A, 4B, or 4N metal boxes, 4G ■ 6. The authority citation for part 180
AND PACKAGINGS fiberboard boxes or 4C1, 4C2, 4D or 4F is revised to read as follows:
wooden boxes with inside glass
3. The authority citation for part 173 Authority: 49 U.S.C. 5101–5128; 49 CFR
■ packagings of not over 2.5 L (0.66
1.81 and 1.97.
continues to read as follows: gallon) capacity each. Beginning
Authority: 49 U.S.C. 5101–5128, 44701; 49 September 17, 2018, when placed in ■ 7. In § 180.407:
CFR 1.81, 1.96 and 1.97. wooden or fiberboard outer packagings,
■ a. Revise the table and notes in
glass inner packagings must be packed
paragraph (c); and
§ 173.129 [Removed and Reserved] in tightly-closed, intermediate
packagings and cushioned with ■ b. Revise paragraph (g)(1)(ii).
■ 4. Remove and reserve § 173.129. absorbent material sufficient to absorb The revisions read as follows:
■ 5. In § 173.158, revise paragraph (e) to the entire contents of the package. The
intermediate packaging and absorbent § 180.407 Requirements for test and
read as follows: inspection of specification cargo tanks.
material must be compatible with the
§ 173.158 Nitric acid. nitric acid. See § 173.24(e). * * * * *
* * * * * * * * * * (c) * * *

COMPLIANCE DATES—INSPECTIONS AND TEST UNDER § 180.407(c)
Date by which first test Interval
Test or inspection must be completed period
(cargo tank specification, configuration, and service) (see Note 1) after first test

External Visual Inspection:
All cargo tanks designed to be loaded by vacuum with full opening rear heads .......................... September 1, 1991 ........... 6 months.
All other cargo tanks ....................................................................................................................... September 1, 1991 ........... 1 year.
Internal Visual Inspection:
All insulated cargo tanks, except MC 330, MC 331, MC 338 (see Note 4) .................................. September 1, 1991 ........... 1 year.
All cargo tanks transporting lading corrosive to the tank ............................................................... September 1, 1991 ........... 1 year.
MC 331 cargo tanks less than 3,500 gallons water capacity in dedicated propane service con- ........................................... 10 years.
structed of nonquenched and tempered NQT SA–612 steel (see Note 5).
All other cargo tanks, except MC 338 ............................................................................................ September 1, 1995 ........... 5 years.
Lining Inspection:
All lined cargo tanks transporting lading corrosive to the tank ...................................................... September 1, 1991 ........... 1 year.
Leakage Test:
MC 330 and MC 331 cargo tanks in chlorine service .................................................................... September 1, 1991 ........... 2 years.
All other cargo tanks except MC 338 ............................................................................................. September 1, 1991 ........... 1 year.
Pressure Test:
(Hydrostatic or pneumatic) (See Notes 2 and 3) ...........................................................................
All cargo tanks which are insulated with no manhole or insulated and lined, except MC 338 ..... September 1, 1991 ........... 1 year.
All cargo tanks designed to be loaded by vacuum with full opening rear heads .......................... September 1, 1992 ........... 2 years.
MC 330 and MC 331 cargo tanks in chlorine service .................................................................... September 1, 1992 ........... 2 years.
MC 331 cargo tanks less than 3,500 gallons water capacity in dedicated propane service con- 10 years.
structed of nonquenched and tempered NQT SA–612 steel (See Note 5).
All other cargo tanks ....................................................................................................................... September 1, 1995 ........... 5 years.
Thickness Test:
All unlined cargo tanks transporting material corrosive to the tank, except MC 338 .................... September 1, 1992 ........... 2 years.
Note 1: If a cargo tank is subject to an applicable inspection or test requirement under the regulations in effect on December 30, 1990, and
the due date (as specified by a requirement in effect on December 30, 1990) for completing the required inspection or test occurs before the
compliance date listed in table I, the earlier date applies.
Note 2: Pressure testing is not required for MC 330 or MC 331 cargo tanks in dedicated sodium metal service.
Note 3: Pressure testing is not required for uninsulated lined cargo tanks, with a design pressure MAWP 15 psig or less, which receive an ex-
ternal visual inspection and lining inspection at least once each year.
Note 4: Insulated cargo tanks equipped with manholes or inspection openings may perform either an internal visual inspection in conjunction
with the external visual inspection or a hydrostatic or pneumatic pressure-test of the cargo tank.
Note 5: A 10-year inspection interval period also applies to cargo tanks constructed of NQT SA–202 or NQT SA–455 steel provided the mate-
rials have full-size equivalent (FSE) Charpy vee notch (CVN) energy test data that demonstrated 75% shear-area ductility at 32 °F with an aver-
age of 3 or more samples >15 ft-lb FSE with no sample <10 ft-lb FSE.

* * * * * testing according to the requirements in Issued in Washington, DC, on June 12,
paragraph (j) of this section. 2018, under authority delegated in 49 CFR
(g) * * *
1.97.
* * * * *
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(1) * * * Howard R. Elliott,
(ii) All self-closing pressure relief Administrator, Pipeline and Hazardous
valves, including emergency relief vents Materials Safety Administration.
and normal vents, must be removed [FR Doc. 2018–12961 Filed 6–15–18; 8:45 am]
from the cargo tank for inspection and BILLING CODE 4910–60–P

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Document Created: 2018-06-18 15:50:40
Document Modified: 2018-06-18 15:50:40

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		Rules and Regulations
Action		Correcting amendments.
Dates		Effective date: This final rule is effective July 18, 2018.
Contact		Michael Ciccarone, Standards and Rulemaking Division, (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
FR Citation		83 FR 28162
RIN Number		2137-AF27
CFR Citation		49 CFR 172 49 CFR 173 49 CFR 180
CFR Associated		Education; Hazardous Materials Transportation; Hazardous Waste; Labeling; Markings; Packaging and Containers; Reporting and Recordkeeping Requirements; Incorporation by Reference; Radioactive Materials; Uranium; Motor Carriers; Motor Vehicle Safety and Railroad Safety

83 FR 28162 - Hazardous Materials: Miscellaneous Amendments; Response to Appeals; Corrections

DEPARTMENT OF TRANSPORTATIONPipeline and Hazardous Materials Safety Administration

Federal Register Volume 83, Issue 117 (June 18, 2018)

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration