# Hazardous Materials: Adoption of ASME Code Section XII and the National Board Inspection Code

- **operation:** document
- **citation:** 78 FR 79363
- **title:** Hazardous Materials: Adoption of ASME Code Section XII and the National Board Inspection Code
- **source type:** rulemaking
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** proposed
- **official:** true
- **published on:** 2013-12-30
- **effective on:** Not available
- **summary:** PHMSA is proposing to amend the Hazardous Materials Regulations applicable to the design, construction, certification, recertification and maintenance of cargo tank motor vehicles, cryogenic portable tanks and multi-unit tank car tanks (ton tanks) in response to petitions for rulemaking from the American Society of Mechanical Engineers (ASME), the National Board of Boiler and Pressure Vessel Inspectors (National Board), and the Pressure Vessel Manufacturers Association (PVMA). Specifically, this NPRM proposes to allow the use of the 2013 edition of the ASME's Boiler and Pressure Vessel Code, Section XII (Section XII) for the design, construction, and certification of cargo tank motor vehicles, cryogenic portable tanks and ton tanks. PHMSA also proposes to authorize the use of the 2013 edition of the National Board of Boiler and Pressure Vessel Inspectors' National Board Inspection Code (NBIC), as it applies to the continuing qualification and maintenance of ASME constructed cargo tank motor vehicles, cryogenic portable tanks, and ton tanks constructed to standards in ASME's Section XII, and existing cargo tank motor vehicles and portable tanks constructed to Section VIII, Division 1. If adopted, these amendments will allow for regulatory flexibility, without compromising safety.
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Federal Register, Volume 78 Issue 250 (Monday, December 30, 2013) [Federal Register Volume 78, Number 250 (Monday, December 30, 2013)] [Proposed Rules] [Pages 79363-79388] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2013-31046] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 173, 178, and 180 [Docket Number PHMSA-2010-0019 (HM-241)] RIN 2137-AE58 Hazardous Materials: Adoption of ASME Code Section XII and the National Board Inspection Code AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: PHMSA is proposing to amend the Hazardous Materials Regulations applicable to the design, construction, certification, recertification and maintenance of cargo tank motor vehicles, cryogenic portable tanks and multi-unit tank car tanks (ton tanks) in response to petitions for rulemaking from the American Society of Mechanical Engineers (ASME), the National Board of Boiler and Pressure Vessel Inspectors (National Board), and the Pressure Vessel Manufacturers Association (PVMA). Specifically, this NPRM proposes to allow the use of the 2013 edition of the ASME's Boiler and Pressure Vessel Code, Section XII (Section XII) for the design, construction, and certification of cargo tank motor vehicles, cryogenic portable tanks and ton tanks. PHMSA also proposes to authorize the use of the 2013 edition of the National Board of Boiler and Pressure Vessel Inspectors' National Board Inspection Code (NBIC), as it applies to the continuing qualification and maintenance of ASME constructed cargo tank motor vehicles, cryogenic portable tanks, and ton tanks constructed to standards in ASME's Section XII, and existing cargo tank motor vehicles and portable tanks constructed to Section VIII, Division 1. If adopted, these amendments will allow for regulatory flexibility, without compromising safety. DATES: Submit comments by March 31, 2014. To the extent possible, PHMSA will consider late-filed comments as we determine whether additional rulemaking is necessary. ADDRESSES: You may submit comments identified by the docket number (PHMSA-2010-0019; HM-241) 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 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. 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). To access ASME's Boiler and Pressure Vessel Code, Section XII (Section XII) go to: https://shop.asme.org/PublicReview/ . To access the National Board Inspection Code (NBIC), Part 2, Supplement 6: Continued Service and Inspection of DOT Transport Tanks, and Part 3, Supplement 6: Repair, Alteration, and Modification of DOT Transport Tanks go to: https://www.nationalboard.org/SiteDocuments/NBIC/DOT_NBIC_supplements.pdf . 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 (65 FR 19477) or you may visit http://www.dot.gov/privacy . FOR FURTHER INFORMATION CONTACT: Lisa O'Donnell, Hazardous Materials Standards and Rulemaking Division, (202) 366-8553, or Stanley Staniszewski, Engineering and Research [[Page 79364]] Division, (202) 366-4492, Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. SUPPLEMENTARY INFORMATION: Contents I. Executive Summary II. Abbreviations and Terms Used in This Document III. Background IV. Petitions for Rulemaking A. P-1459 B. P-1474 C. P-1502 V. ASME Section XII VI. NBIC VII. Comparison of Section XII and Section VIII, Division 1 Supplemented by the Current HMR A. Design Margin B. Rational Design C. Design and Construction of CTMVs: Identified Differences Between HMR and Section XII Requirements D. Continued Service of CTMVs, Portable Tanks, and Ton Tanks: Roles of Inspectors HMR E. Summary and Supporting Research Initiatives VIII. ANPRM Comment Summary Discussion and Proposed Amendments A. Comments in Favor of Adopting Section XII and NBIC B. Comments in Opposition to Adopting Section XII and NBIC C. Miscellaneous Comments D. Proposed Amendments E. Section by Section Review IX. Regulatory Analyses and Notices A. Statutory/Legal Authority for the Rulemaking B. Executive Order 12866, Executive Order 13610, Executive Order 13563 and DOT 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. Regulatory Identifier Number (RIN) H. Unfunded Mandates Reform Act I. Environmental Assessment J. Privacy Act K. Executive Order 13609 International Trade Analysis I. Executive Summary In this NPRM, PHMSA (also ``we'' or ``us'') proposes to amend the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) in response to petitions submitted by industry representatives to incorporate Section XII and the 2013 edition of the NBIC as alternatives to Section VIII, Division 1 and the current HMR requirements in part 178, for the design of cryogenic portable tanks and CTMVs, part 179 for the design of ton tanks, and part 180 for the continuing qualification and maintenance of CTMVs, cryogenic portable tanks and ton tanks. Section XII sets forth standards for construction \1\ and continued service \2\ of pressure vessels for transporting hazardous materials by highway, rail, air or water at pressures from close to 15 psig external pressure to 3,000 psig and volumes greater than 120 gallons. The 2013 edition of the NBIC provides rules and guidelines for installing, inspecting, repairing and altering boilers, pressure vessels and pressure relief devices. Section XII may be used for the following tanks: --------------------------------------------------------------------------- \1\ ``Construction'' is an all-inclusive term comprising materials, design, fabrication, examination, inspection, testing, certification, and over-pressure protection. \2\ ``Continued service'' is an all-inclusive term referring to inspection, testing, repair, alteration, and recertification of a transport tank that has been in service. Table 1--Proposed Tanks Authorized Under Section XII ------------------------------------------------------------------------ Tank type Specification ------------------------------------------------------------------------ Cargo Tank Motor Vehicles (CTMVs)......... MC331, 338, 406, 407, and 412. Cryogenic Portable Tanks.................. UN T75. Ton Tanks................................. DOT-106A and 110AW. ------------------------------------------------------------------------ If the proposed amendments are adopted, manufacturers could choose to build their tanks using either the specifications set forth in Section XII or those set forth in Section VIII, Division 1. While Section VIII, Division 1 applies to construction of new tanks only, Section XII applies to both new construction and continued service. Further, as proposed, a manufacturer who builds a tank to Section VIII, Division 1 would be authorized to use either the 1992 edition of the NBIC that is currently incorporated by reference or the 2013 edition of the NBIC; whereas manufacturers who choose to build tanks to Section XII would be required to use the 2013 edition of the NBIC. Section XII and the 2013 edition of the NBIC include advancements in design, material, construction, repair and inspection of transport tanks. Incorporating Section XII and the 2013 edition of the NBIC by reference in the HMR, would allow manufacturers and owners of transport tanks to be flexible in the materials they use to build tanks, how they build tanks, and how they test and inspect tanks, while providing the same level of safety as that provided by Section VIII, Division 1 for new construction and the HMR for continued qualification and maintenance. The 2013 edition of the NBIC was developed in conjunction with Section XII to provide consistent, up-to-date standards for the lifespan of transport tanks. Both the NBIC and Section XII were developed as international standards, and were written to be compatible with UN recommendations. Further, these standards were developed by voluntary consensus standards-development organizations comprised of all stakeholders involved in the design, certification, continued qualification and maintenance of transport tanks, including manufacturers of tanks and PHMSA engineers. These individuals have expert knowledge of how to design, construct and maintain tanks to withstand the unique dynamic conditions and stresses of a transportation environment. Several research and development projects support the adoption of both the 2013 edition of NBIC and Section XII (See Table 11 of Section VII of this document). These projects include studies on CTMV rollovers, design margins, and puncture resistance. They are discussed in Sections V and VII in this NPRM.\3\ Furthermore, by providing the 2013 edition of the NBIC and Section XII as options, PHMSA would allow the regulated industry to choose from various materials of construction, that we believe provide equivalent safety, to accommodate each entity's preference (see part TM of Section XII, which specifies authorized materials). Use of the proposed voluntary standards could enable U.S. manufacturers to better compete internationally. --------------------------------------------------------------------------- \3\ See www.regulations.gov , Docket Nos. PHMSA-2010-0019-0010, PHMSA-2010-0019-0012, PHMSA-2010-0019-0013, PHMSA-2010-0019-0014, PHMSA-2010-0019-0015, PHMSA-2010-0019-0016, PHMSA-2010-0019-0017, PHMSA-2010-0019-0018, and PHMSA-2010-0019-0019. --------------------------------------------------------------------------- Manufacturers, tank owners and users, maintenance and repair entities, third-party inspectors, and public sector inspectors would incur costs under the proposed adoption of Section XII and the 2013 edition of the NBIC. Manufacturers who choose to build tanks to Section XII may have to purchase new equipment to manufacture tanks to accommodate the different metals authorized in Section XII and would have to purchase the standard; however, they would also have more flexibility in the materials they use to build the tank, and take advantage of the lower priced materials at the time of purchase. Tank owners would incur the initial cost of the new tank. However, users, most likely also the owners, in many cases, would be able to haul more material in one tank, which would reduce fuel costs. Entities that repair tanks and third-party inspectors would have to be trained in [[Page 79365]] and purchase both Section XII and the NBIC. Public sector inspectors would have to be trained, and state and local governments would have to purchase both Section XII and the NBIC. Due to PHMSA's three-year training cycle, all employees and inspectors will have been trained within three years, regardless of when or if they transition to HM-241. Once an entity converts to Section XII tanks, PHMSA assumes that the incremental training would be incorporated into regular training, and no further incremental expense would be incurred in future years. Annual benefits would continue to accrue. Benefits associated with the use of Section XII and the 2013 edition of the NBIC include a savings in the cost to manufacture tanks. Various economic factors cause the cost of types of materials to fluctuate. Because Section XII allows a variety of newer materials to be used to build tanks, manufacturers may choose materials with the lowest cost to construct their tanks. Also, certain tanks built to Section XII would provide lower costs per mile due to the use of lighter-weight materials of construction and increased capacity to transport product. A review of previous research by PHMSA's Engineering and Research Division, as well as the independent research studies that are summarized in Section V and Table 11 of Section VII of this NPRM and can be found in the docket file (see www.regulations.gov , Docket Nos. PHMSA-2010-0019) indicated the Section XII standards provide an equivalent level of safety to the current standards. Section XII provides updated specifications for transport tanks. In most cases, due to substitution of material of construction, the thickness of the tanks would be reduced, permitting more material to be hauled, and reducing the number of tanks needed to handle the same volume of product. These costs and benefits of Section XII and the 2013 edition of the NBIC would affect only individuals who choose to use the standards. Therefore, PHMSA does not believe adoption of Section XII would impose costs because each entity will choose to continue to use the existing Section VIII or convert to Section XII as their economic interests dictate. For example a manufacturer would not use Section XII to build a tank unless it believes it is net beneficial to do so. Since Section XII would allow manufacturers the flexibility to purchase the raw material that is least expensive at the time, this may reduce the cost to the manufacturer, who can then pass that discount on to the buyer of the tank. Manufacturers will only elect to utilize Section XII if it makes business sense. II. Abbreviations and Terms Used in This Document The table below provides a list of abbreviations or acronyms for the terms used in this NPRM. Table 2--Abbreviations and Terms Used in This Document ------------------------------------------------------------------------ ------------------------------------------------------------------------ AI: Authorized Inspector ANSI: American National Standards Institute ASME: American Society of Mechanical Engineers BPVC: Boiler and Pressure Vessel Code CI: Certified Individual CTMV: Cargo Tank Motor Vehicle DCE: Design Certifying Engineer FMCSA: Federal Motor Carrier Safety Administration HMR: Hazardous Materials Regulations (49 CFR parts 171-180) IMDG International Maritime Dangerous Goods IACS International Association of Classification Societies Ltd MAWP: Maximum Allowable Working Pressure NBIC: National Board Inspection Code PHMSA: Pipeline and Hazardous Materials Safety Administration PVMA: Pressure Vessel Manufacturers Association QI: Qualified Inspector RI: Registered Inspector Section VIII, Division 1 American Society Mechanical Engineers, Boiler and Pressure Vessel Code, Section VIII, Division 1 Section XII: American Society Mechanical Engineers, Boiler and Pressure Vessel Code, Section XII ------------------------------------------------------------------------ III. Background The Federal hazardous materials transportation law (49 U.S.C. 5101 et seq.; Federal hazmat law) authorizes the Secretary of Transportation to regulate the safe and secure transportation of hazardous materials in commerce. In accordance with its delegated authority from the Secretary, PHMSA has established packaging requirements for the safe transportation of hazardous materials in commerce, including requirements for the design, construction, qualification, maintenance, certification and repair of bulk packagings such as CTMVs, portable tanks, and certain tank car tanks referred to as ton tanks. Under 49 CFR 1.96, PHMSA is delegated the responsibility to enforce the HMR. In addition, under 49 CFR 1.88 and 1.86, the Federal Railroad Administration (FRA) and the Federal Motor Carrier Safety Administration (FMCSA) are delegated authority to enforce the HMR with particular emphasis on railroad and highway transportation, respectively. PHMSA, FRA and FMCSA work closely with the regulated industry through educational assistance activities and FRA's and FMCSA's compliance and enforcement programs. Within the United States, the most common modes of transportation for the tanks affected by this NPRM are highway and rail. To clearly identify the differences and unique characteristics of the tanks addressed by this NPRM, we provide the following definitions. Table 3--Tank Type Definition ------------------------------------------------------------------------ ------------------------------------------------------------------------ Cargo tank motor vehicle (CTMV)... Means a motor vehicle with one or more cargo tanks permanently attached to or forming an integral part of the motor vehicle. [[Page 79366]] Portable tank \4\................. Means a bulk packaging (except a cylinder having a water capacity of 1000 pounds or less) designed primarily to be loaded onto, or on, or temporarily attached to a transport vehicle or ship and equipped with skids, mountings, or accessories to facilitate handling of the tank by mechanical means. It does not include a CTMV, tank car, multi-unit tank car tank, or trailer carrying 3AX, 3AAX, or 3T cylinders. UN portable tank.................. Means an intermodal tank having a capacity of more than 450 liters (118.9 gallons). It includes a shell fitted with service equipment and structural equipment, including stabilizing members external to the shell and skids, mountings or accessories to facilitate mechanical handling. A UN portable tank must be capable of being filled and discharged without the removal of its structural equipment and must be capable of being lifted when full. Cargo tanks, rail tank car tanks, non-metallic tanks, non- specification tanks, bulk bins, and IBCs and packagings made to cylinder specifications are not UN portable tanks. Multi-unit tank car tank or ton Means a flatcar railcar or flatbed tank. trailer with up to 15 large cylindrical pressure tanks (DOT- 106A and 110A tank car specification, see Part 179). ------------------------------------------------------------------------ In this NPRM, PHMSA is proposing to amend the HMR applicable to the design, construction, certification, recertification and maintenance of cargo tank motor vehicles, cryogenic portable tanks ton tanks, to allow the use of Section XII for the design, construction, and certification of CTMVs, cryogenic portable tanks and ton tanks. PHMSA is also proposing to authorize the use of the 2013 edition of the NBIC, as it applies to Section VIII, Division 1 or Section XII. These proposals are in response to petitions for rulemaking from ASME, the National Board of Boiler and Pressure Vessel Inspectors, and PVMA. This NPRM could affect the following entities that choose to follow Section XII and establishes the following requirements: --------------------------------------------------------------------------- \4\ Only cryogenic portable tanks are involved in this NPRM. Table 4--Affected Entities ------------------------------------------------------------------------ Affected entities Proposed revisions ------------------------------------------------------------------------ Manufacturers of CTMVs, Provides alternative cryogenic portable tanks and ton tanks. design, construction, Repairers of CTMVs, cryogenic certification, recertification portable tanks and ton tanks. and maintenance to Section VIII, Division 1 and HMR. Testers of CTMVs, cryogenic Establishes new portable tanks and ton tanks. alternative ``T'' stamp for transport tanks Carriers of bulk liquid Establish different hazardous materials. levels of inspectors as set Inspectors of CTMVs, cryogenic forth in Section XII. portable tanks and ton tanks. Owners of CTMVs, cryogenic portable tanks and ton tanks. Federal, state and local enforcement officials. ------------------------------------------------------------------------ IV. Petitions for Rulemaking The Administrative Procedure Act (APA) requires Federal agencies to give interested persons the right to petition an agency to issue, amend, or repeal a rule (5 U.S.C. 553(e)). 49 CFR 106.95, provides the process and procedures for persons to petition PHMSA to add, amend, or delete a regulation. In this NPRM, PHMSA is considering petitions for rulemaking from ASME, the National Board, and PVMA. The following table provides a brief summary of the petitions addressed in this NPRM and affected sections: Table 5--Petition Summary ---------------------------------------------------------------------------------------------------------------- Petition Party submitting petition Summary ---------------------------------------------------------------------------------------------------------------- P-1459.................................. ASME....................... Requests PHMSA incorporate by reference the ASME Boiler and Pressure Vessel Code, Section XII, Transport Tanks--2004 edition (Sec. Sec. 172.102; 173.5b; 173.24b; 173.32; 173.306; 173.315; 173.318; 173.420; 178.245-1; 178.245-3; 178.245-4; 178.245-6; 178.245-7; 178.255- 1; 178.255-2; 178.255-14; 178.255-15; 178.270-2; 178.270-3; 178.270-7; 178.270- 9; 178.270-11; 178.270-12; 178.271-1; 178.272-1; 178.273; 178.274; 178.276; 178.277; 178.320; 178.337-1; 178.337-2; 178.337-3; 178.337-4; 178.337-6; 178.337- 16; 178.337-18; 178.338-1; 178.338-2; 178.338-3; 178.338-4; 178.338-5; 178.338- 6; 178.338-13; 178.338-16; 178.338-18; 178.338-19; 178.345-1; 178.345-2; 178.345-3; 178.345-4; 178.345-7; 178.345- 14; 178.345-15; 178.346-1; 178.347-1; 178.348-1; 179.400-3; 180.407). [[Page 79367]] P-1474.................................. PVMA....................... Requests PHMSA incorporate by reference the ASME Boiler and Pressure Vessel Code, Section XII, Transport Tanks--2004 edition (Sec. Sec. 172.102; 173.5b; 173.24b; 173.32; 173.306; 173.315; 173.318; 173.420; 178.245-1; 178.245-3; 178.245-4; 178.245-6; 178.245-7; 178.255- 1; 178.255-2; 178.255-14; 178.255-15; 178.270-2; 178.270-3; 178.270-7; 178.270- 9; 178.270-11; 178.270-12; 178.271-1; 178.272-1; 178.273; 178.274; 178.276; 178.277; 178.320; 178.337-1; 178.337-2; 178.337-3; 178.337-4; 178.337-6; 178.337- 16; 178.337-18; 178.338-1; 178.338-2; 178.338-3; 178.338-4; 178.338-5; 178.338- 6; 178.338-13; 178.338-16; 178.338-18; 178.338-19; 178.345-1; 178.345-2; 178.345-3; 178.345-4; 178.345-7; 178.345- 14; 178.345-15; 178.346-1; 178.347-1; 178.348-1; 179.400-3; 180.407). P-1502.................................. National Board............. Requests PHMSA incorporate by reference the National Board Inspection Code--2007 Edition in Sec. 180.413. ---------------------------------------------------------------------------------------------------------------- P-1459 On May 10, 2005, ASME petitioned PHMSA to revise the HMR to incorporate by reference the ASME Boiler and Pressure Vessel Code, Section XII, Transport Tanks--2004 edition. Section XII of the BPVC provides requirements for construction and continued service of ASME pressure vessels for the transportation of dangerous goods with volumes greater than 450 liters (120 gallons) and design pressures appropriate for the particular transportation mode, i.e., highway, railway, air, and water. The construction requirements cover materials, design, fabrication, examination, inspection, testing, certification, and over- pressure protection. The requirements for continued service cover inspection, testing, repair, alteration, and recertification of in- service ASME constructed transport tanks. These transportation tank requirements include the pressure vessel, appurtenances, and additional components that are covered by Modal Appendices for the specific transport modes and unique service conditions of the specific application. The 2004 edition contains one Modal Appendix for portable tanks carrying cryogenic liquids. The 2007 edition was expanded to include the Modal Appendix for CTMVs. The 2010 edition was expanded to include the Modal Appendix for ton tanks. We are proposing to incorporate the latest edition, which was published in 2013. [This petition can be found at www.regulations.gov under Docket No. PHMSA- 2005-21351]. P-1474 On February 27, 2006, PVMA also petitioned PHMSA to revise the HMR to incorporate by reference the ASME Boiler and Pressure Vessel Code, Section XII, Transport Tanks--2004 edition. PVMA is a trade association representing pressure vessel manufacturers, related component materials suppliers and regulatory organizations. Several of PVMA's member companies participated in the development of Section XII, which contains design requirements for tanks and pressure vessels that several of its members manufacture. PVMA reasoned that adoption of Section XII into the HMR would encourage uniform design requirements and manufacturing standards for these tanks, and support the safe construction practices of this industry. [This petition can be found at www.regulations.gov under Docket No. PHMSA-2006-24712]. P-1502 On July 12, 2007, the National Board of Boiler and Pressure Vessel Inspectors petitioned PHMSA to revise the HMR to incorporate by reference the National Board Inspection Code--2007 Edition. The NBIC contains rules for continued service inspections, repairs, and modifications of transport tanks, including methods to be used and criteria for inspections, reports, document control, and inspector duties and responsibilities. The term ``inspector'' includes Authorized Inspector (AI), Qualified Inspector (QI), Certified Individual (CI) or Registered Inspector (RI) to address all aspects of continued service.\5\ While the petition asked that we incorporate the 2007 edition of the NBIC, we propose to incorporate the most up-to-date version, which is the 2013 edition. [This petition can be found at www.regulations.gov under Docket No. PHMSA-2007-28809]. --------------------------------------------------------------------------- \5\ The NBIC has updated the 2007 edition with a 2013 edition. --------------------------------------------------------------------------- V. ASME Section XII Currently, the HMR incorporate by reference the 1998 edition of Section VIII, Division 1 as part of the standards for the design and construction of cryogenic portable tanks and CTMVs. Section VIII, Division 1 sets forth detailed criteria for the design, construction, certification, and marking of stationary boilers and pressure vessels. Tanks constructed and certified in accordance with Section VIII, Division 1 are marked with a ``U'' stamp. While stationary tanks and transportation tanks are both subject to many of the same influences, such as pressure, temperature changes, and atmospheric conditions, transportation tanks are subject to additional, unique dynamic load conditions and stresses; Section VIII, Division 1 alone does not address the transportation conditions. To address these additional influences on tanks that are used in transportation, general operational requirements for CTMVs, portable tanks, and ton tanks, such as outage and filling limits and self-closing stop valves, are prescribed in 49 CFR part 173 subpart B. In addition, 49 CFR part 178, subpart H for specification 60, steel portable tanks, includes requirements for material construction (see Sec. 178.255-2), expansion domes (see Sec. 178.255-3), closures for manholes and domes (see Sec. 178.255-4), loading and unloading accessories (see Sec. 178.255-6), tank repair (see Sec. 178.255-13, marking (see Sec. 178.255-14), and reporting (see Sec. 178.255-15). Subpart J for CTMVs and 49 CFR part 178, includes general requirements for all DOT specification cargo tank motor vehicles (see Sec. 178.320), and then more specific requirements for types of CTMVs. For specification MC-331 tanks, requirements include, but are not limited to, structural integrity (see Sec. 178.337-3), closures for manholes (see Sec. 178.337-6), and accident damage protection (see Sec. 178.337-10). For MC-338 insulated cargo tank motor vehicles, requirements include, but are not limited to, material (see Sec. 178.338-2), [[Page 79368]] structural integrity (see Sec. 178.338-3), and accident damage protection (see Sec. 178.338-10). For ton tanks, 49 CFR part 179 subpart E prescribes additional design and construction requirements than those required for stationary tanks in Section VIII, Division 1, including but not limited to, protection of fittings (see Sec. 179.300-12), more stringent welding (see Sec. 178.300-9), and inspection (see Sec. 179.300-19). Furthermore, continuing qualification and maintenance requirements, which include periodic tests and inspections, repairs, modifications, alterations, and conversions, are specified in 49 CFR part 180, subpart E for CTMVs, subpart F for ton tanks, and subpart G for portable tanks. It should be noted that design, construction and qualification of rail tank cars (49 CFR part 179 and part 180, subpart F) and non-specification cargo tanks (i.e., nurse tanks) are not being considered in this NPRM. ASME is a not-for-profit membership professional organization that enables collaboration, knowledge-sharing, and skill development across all engineering disciplines. ASME is recognized globally for its leadership in providing the engineering community with technical content and a forum for information exchange. The Boiler and Pressure Vessel Committees of ASME meet quarterly; however, most of the work is done throughout the year through working groups and an electronic balloting process. The National Board meets biannually and also works throughout the year through working groups and the electronic balloting process. These committees consider revisions to the ASME codes and standards based on safety concerns, technological advances, new data, and changing environmental and industry needs. All meetings are free- of-charge and open to public participation. ASME subcommittees consider correspondence from the general public in the form of requests for interpretation and revision to existing codes, requests for code cases, and requests to develop new standards. In 1995 the ASME Board on Pressure Technology Codes and Standards formed a committee on transport tanks (SC XII) to develop new standards to specifically address transport tanks. PHMSA actively participated in the committee. SC XII currently consists of a main committee and four subgroups identified as: (1) General Requirements, (2) Fabrication, Inspection and Continued Service, (3) Design and Materials, and (4) Non-Mandatory Appendices. SC XII developed and published in July of 2004 the ASME BPVC Section XII, Rules for Construction and Continued Service of Transport Tanks to address pressure vessels that are used in transportation. Section XII is based on the existing and long- established Section VIII, Division 1. Section XII consists of ten parts, four modal appendices written to address different tank types, sixteen mandatory appendices, and eight non-mandatory appendices. Transport tanks are divided into categories comparable to existing DOT specifications; for example, a DOT 406 CTMV is a Category 406 tank in Article 1 of Modal Appendix 1. The newest edition contains modal appendices for CTMVs, cryogenic portable tanks, and ton tanks.\6\ --------------------------------------------------------------------------- \6\ A rail tank car appendix may be developed in the future, and consequently, is not part of the scope of this NPRM. --------------------------------------------------------------------------- Section XII contains ten parts, in the following order: Table 6--Section XII Part Summary ------------------------------------------------------------------------ Part heading Part requirements ------------------------------------------------------------------------ TG..................................... General TM..................................... Material TD..................................... Design TW..................................... Tanks Fabricated by Welding TF..................................... Fabrication TE..................................... Examination TT..................................... Testing TR..................................... Pressure-relief Device TS..................................... Stamping, Marking, Certification Reports, and Records TP..................................... Repair, Alteration, Testing, and Inspection for Continued Service ------------------------------------------------------------------------ Section XII requires newly constructed transport tanks to bear a ``T'' stamp. The ``T'' stamp is essentially equivalent to the current ``U'' stamp required for certain DOT CTMVs designed and constructed to Section VIII, Division 1 standards, currently incorporated by reference in the HMR. PHMSA is proposing to adopt Section XII, in its entirety, as an alternative to Section VIII, Division 1 for the design and construction requirements for DOT specification tanks. A copy of Section XII, 2013 edition, is available for review at www.regulations.gov under Docket Number PHMSA-2010-0019 or DOT's Docket Operations Office (see ADDRESSES). The current price of Section XII in hard copy is $380.\7\ --------------------------------------------------------------------------- \7\ See: http://www.asme.org/products/codes---standards/bpvc-xii---2013-bpvc-section-xii-rules-for-constru (Accessed: March 27, 2013). --------------------------------------------------------------------------- VI. NBIC The National Board of Boiler and Pressure Vessel Inspectors was formed in 1921 and is an American National Standards Institute (ANSI) accredited standards development organization. The National Board follows an approved set of standards development procedures (NB-240, National Board Inspection Code Procedures; http://www.nationalboard.org ) and is subject to regular audits by ANSI. First published in 1946, the NBIC was established by the National Board to provide rules and guidelines for the repair, alteration, inspection, installation, maintenance, and testing of boilers, pressure vessels, and other pressure retaining items. The NBIC is developed and maintained by a consensus committee comprised of industry experts (the NBIC Committee). The NBIC Committee consists of a main committee, subcommittees, subgroups, and task groups of industry experts and has Federal representation by PHMSA. Participants meet biannually to consider revisions to the NBIC based on safety concerns, technological advances, new data, and industry needs. All meetings are free-of-charge and open to public participation. The NBIC subcommittees consider correspondence from the general public in the form of requests for interpretation, revision of existing standards, and requests to develop new standards. The standards-writing subcommittees, subgroups, and task groups are open to participation by representatives of groups that are materially affected by the code. Such groups include manufacturers, repair firms, authorized inspection agencies, and representatives of government agencies. Each year the NBIC Committee updates the NBIC and presents the updates on the National Board's Web site for public review in April-May and August-September. Updated editions are published biannually. Section XII requires all alterations and repairs to the pressure vessel of a transport tank to be performed in accordance with the NBIC and requires an inspection to be performed by a National Board inspector. The NBIC Committee established a task group to develop requirements for continued service, repair, and alteration of Section XII transport tanks. The task group included PHMSA and industry representatives. The Committee's efforts culminated in the issuance of two new supplements to the NBIC code. While the NBIC code applies to boilers, pressure vessels, and pressure relief devices, these supplements were added to specifically address transport tanks. The first is NBIC Part 2, Section 6, Supplement 6, ``Continued Service and Inspection of DOT Transport Tanks.'' This document describes inspection of in-service transport tanks. The second is [[Page 79369]] NBIC Part 3, Section 6, Supplement 6, ``Repair, Alteration, and Modification of DOT Transport Tanks.'' This document contains general requirements that apply to welding, repairs, alterations, modifications, examinations, etc., made to DOT transport tanks used for the transportation of hazardous materials. These supplements also specify the type of inspection to be performed and establish the criteria for inspections, reports, document maintenance, and inspector duties and responsibilities. A copy of the 2013 edition of the NBIC is available for review at www.regulations.gov under Docket Number PHMSA-2010-0019 or DOT's Docket Operations Office (see ADDRESSES appearing earlier in this notice). The current cost of the complete NBIC set is $265 for either the hard copy or the Flash Drive edition.\8\ --------------------------------------------------------------------------- \8\ See: http://www.nationalboard.org/Index.aspx?pageID=14&ID=20 (Accessed March 27, 2013). --------------------------------------------------------------------------- VII. Comparison of Section XII and Section VIII, Division 1 Supplemented by the Current HMR Currently, the HMR incorporates Section VIII, Division 1 of the ASME Code, which specifies the design and construction of stationary tanks. The HMR supplements Section VIII, Division 1, with added design, construction, certification, which are found in parts 178 and 179, and recertification and maintenance requirements, found in part 180, specific to transport tanks. Section XII and the 2013 edition of the NBIC have been developed specifically for design, construction, certification, recertification and maintenance of transport tanks. A review of differences between Section VIII, Division 1 and Section XII can be very specific. However in this section we examine the broader philosophical differences between the way in which tanks may be designed in Section VIII, Division 1 and the way tanks may be designed in Section XII. Two overarching differences in the two versions of the ASME standard are design margin allowances and design methodology; they are discussed below. Another difference between the current HMR and the Section XII is that when designing and constructing a tank to the requirements of Section XII, you must use the requirements in the 2013 edition of the NBIC for continued service of those tanks; whereas if you are using the HMR and Section VIII, Division 1 you may use the NBIC, but are not required to do so. Design Margin The design margin, also known as factor of safety, is defined as the structural capacity of a system beyond the expected loads or actual loads. For the purposes of construction of transport tanks, the design margin is how much stronger than necessary we would require a tank to be built for an intended load. For example, a design margin of 3.5:1 means a tank must be built to withstand forces 3.5 times what it would be expected to endure in transportation. M
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