# Hazardous Materials: Miscellaneous Cargo Tank Motor Vehicle and Cylinder Issues; Petitions for Rulemaking

- **operation:** document
- **citation:** 74 FR 16135
- **title:** Hazardous Materials: Miscellaneous Cargo Tank Motor Vehicle and Cylinder Issues; Petitions for Rulemaking
- **source type:** rulemaking
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2009-04-09
- **effective on:** 2009-05-11
- **summary:** PHMSA is amending the Hazardous Materials Regulations to revise certain requirements applicable to the manufacture, maintenance, and use of DOT and MC specification cargo tank motor vehicles, DOT specification cylinders and UN pressure receptacles. The revisions are based on petitions for rulemaking submitted by the regulated community and are intended to enhance the safe transportation of hazardous materials in commerce, clarify regulatory requirements, and reduce operating burdens on cargo tank and cylinder manufacturers, requalifiers, carriers, shippers, and users. The most significant amendment adopted in this final rule addresses a safety issue identified by the National Transportation Safety Board concerning the transportation of compressed gases in cylinders mounted on motor vehicles or in frames, commonly referred to as tube trailers.
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- **app url:** https://regulus.evalyn.ai/document/federal-register-e9-8021
- **source url:** https://www.federalregister.gov/documents/2009/04/09/E9-8021/hazardous-materials-miscellaneous-cargo-tank-motor-vehicle-and-cylinder-issues-petitions-for
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Federal Register, Volume 74 Issue 67 (Thursday, April 9, 2009) [Federal Register Volume 74, Number 67 (Thursday, April 9, 2009)] [Rules and Regulations] [Pages 16135-16144] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: E9-8021] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 173, 176, 178, and 180 [Docket No. PHMSA-2006-25910 (HM-218E)] RIN 2137-AE23 Hazardous Materials: Miscellaneous Cargo Tank Motor Vehicle and Cylinder Issues; Petitions for Rulemaking AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: PHMSA is amending the Hazardous Materials Regulations to revise certain requirements applicable to the manufacture, maintenance, and use of DOT and MC specification cargo tank motor vehicles, DOT specification cylinders and UN pressure receptacles. The revisions are based on petitions for rulemaking submitted by the regulated community and are intended to enhance the safe transportation of hazardous materials in commerce, clarify regulatory requirements, and reduce operating burdens on cargo tank and cylinder manufacturers, requalifiers, carriers, shippers, and users. The most significant amendment adopted in this final rule addresses a safety issue identified by the National Transportation Safety Board concerning the transportation of compressed gases in cylinders mounted on motor vehicles or in frames, commonly referred to as tube trailers. DATES: Effective Date: This final rule is effective May 11, 2009. Voluntary Compliance Date: Voluntary compliance with all these amendments, including those with delayed mandatory compliance, is authorized as of April 9, 2009. Incorporation by Reference Date: The incorporation by reference of publications listed in this final rule has been approved by the Director of the Federal Register as of May 11, 2009. FOR FURTHER INFORMATION CONTACT: Hattie L. Mitchell, Office of Hazardous Materials Standards, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001, telephone (202) 366- 8553. SUPPLEMENTARY INFORMATION: I. Background The Administrative Procedure Act (APA) requires Federal agencies to give interested persons the right to petition for the issuance, amendment, or repeal of a rule (5 U.S.C. 553(e)). PHMSA's rulemaking procedure regulations, at 49 CFR 106.95, provide for persons to ask PHMSA to add, amend or delete a regulation by filing a petition for rulemaking containing adequate support for the requested action. In this final rule, PHMSA (also ``we'' or ``us'') is amending the HMR based on petitions for rulemaking submitted by cargo tank and cylinder manufacturers, requalifiers, shippers, and carriers. We are also incorporating revisions to address requests for clarification of the regulations. These revisions are intended to enhance the safe transportation of hazardous materials in cargo tank motor vehicles and cylinders, clarify regulatory requirements, and reduce operating burdens on carriers, shippers, and users. II. Notice of Proposed Rulemaking We published a notice of proposed rulemaking (NPRM) under this docket on April 12, 2007 (72 FR 18446). The comment period for the NPRM closed on June 11, 2007. PHMSA received 21 comments from the following individuals, companies, and organizations: (1) Matheson Tri Gas (Matheson; PHMSA-2006-25910-2 and 4); (2) Clifford L. Bartley (Bartley; PHMSA-2006-25910-3); (3) A&S Enterprises (A&S; PHMSA-2006-25910-4); (4) Taylor-Wharton Huntsville (Taylor-Wharton; PHMSA-2006-25910-5); (5) Catalina Cylinders (Catalina; PHMSA-2006-25910-7); (6) Norco Welding-Safety Medical Gases & Supplies (Norco; PHMSA- 2006-25910-8); (7) Richard O. Harder (Harder; PHMSA-2006-25910-9); (8) Scott Specialty Gases (Scott Specialty; PHMSA-2006-25910-10); (9) Chemetall Foote Corp. (Chemetall; PHMSA-2006-25910-11); (10) National Transportation Safety Board (NTSB; PHMSA-2006-25910- 13); (11) Certified Training Co. (CTC; PHMSA-2006-25910-14); (12) Luxfer Gas Cylinders (Luxfer; PHMSA-2006-25910-15); (13) Sherwood Harsco Corp. (Sherwood; PHMSA-2006-25910-16); (14) Air Products and Chemicals Inc. (Air Products; PHMSA-2006- 25910-17); (15) National Propane Gas Assoc. (NPGA; PHMSA-2006-25910-18); (16) FMC Lithium (FMC Lithium; PHMSA-2006-25910-19); (17) Barlen & Assoc. Inc. (Barlen; PHMSA-2006-25910-20); (18) The Linde Group (Linde; PHMSA-2006-25910-21); (19) Roberts Oxygen Company, Inc. (Roberts; PHMSA-2006-25910-22); (20) Steigerwalt (Steigerwalt; PHMSA-2006-25910-23); and (21) Compressed Gas Association (CGA; PHMSA-2006-25910-24). Commenters are generally supportive of the proposals in the NPRM. All of the proposals, with corresponding comments, are discussed in more detail below. III. Proposals Not Adopted We are not adopting two of the amendments proposed in the NPRM relating to the incorporation by reference of two CGA publications. In the NPRM, we proposed the incorporation of CGA V-9 titled ``Standard for Compressed Gas Cylinder Valves, 2005 Fifth Edition'' which was requested by CGA (P-1422). This amendment contained in proposed Sec. Sec. 173.40(c) and 173.301(a)(11) would have required each valve on a cylinder to conform to CGA V-9 unless otherwise excepted. We received 15 comments from Air Products, Matheson, Taylor-Wharton, Catalina, Norco, Harder, Scott Specialty, Chemetall, Luxfer, Sherwood, NPGA, FMC Lithium, Barlen, Linde, and Roberts. With the exception of Luxfer, these commenters request that we delay the incorporation by reference of CGA V-9 to allow sufficient time for CGA to resolve certain concerns that would cause confusion to both industry and enforcement officials. Luxfer suggests that we adopt CGA V-9 and revise the HMR to establish in-process approvals, controls, and inspections for the manufacture of V-9 valves. Because CGA is in the process of revising the CGA V-9 publication, we agree with the commenters who suggest that the publication should not be incorporated into the HMR at this time. We also proposed the incorporation of CGA C-1 titled ``Methods for Hydrostatic Testing of Compressed Gas Cylinders,'' that was requested by CGA (P-1485). This amendment contained in proposed Sec. 180.205(g) would have required the requalification of cylinders using a pressure test conducted in accordance with CGA C-1. Air Products supports referencing CGA C-1. Two [[Page 16136]] other commenters, A&S and CTC, disagree with referencing the publication. A&S states that referencing CGA C-1 for use would not best serve the interest of safety and would increase costs for cylinder requalifiers who use the hydrostatic test method. However, A&S provided no information to support its position. CTC expresses concerns about the adequacy of certain provisions in CGA C-1, including test equipment accuracy, calibrated cylinder design requirements, and certain omissions. Because CGA is in the process of revising the CGA C-1 publication, we are not incorporating the publication into the HMR at this time. IV. Summary of Adopted Amendments The following is a review-by-section summary of changes and, where applicable, a discussion of comments received. A. Part 171 Incorporations by Reference (Sec. 171.7) Section 171.7(a) lists the publications incorporated by reference (IBR) into the HMR. In addition, paragraph (b) in this section contains a list of informational materials not requiring incorporation by reference. In the NPRM, we proposed to amend this section by adding or revising certain IBR and informational materials. Commenters support adoption of these materials. Therefore, in response to CGA petition P- 1489, under the entry ``Compressed Gas Association, Inc.,'' we are updating CGA G-2.2, ``Guideline Method for Determining Minimum of 0.2% Water in Anhydrous Ammonia,'' from the 1985 Edition to reflect the 1985 Second Edition, Reaffirmed 1997. Section 173.315(l), prohibits the use of MC 330 and MC 331 cargo tanks constructed of quenched and tempered ``QT'' steel to transport anhydrous ammonia unless the ammonia has the specified minimum water content. The analysis of the water content in the ammonia is conducted as prescribed in CGA G-2.2. Currently, CGA G- 2.2, 1985, Second Edition is incorporated by reference in Sec. 171.7(a)(3). CGA reaffirmed this publication in 1997. There were no changes to the document other than the title reflecting that it was reaffirmed in 1997. The other adopted IBR materials are discussed later in this preamble with their applicable regulatory amendments. B. Part 173 Mobile Refrigeration Systems (Sec. 173.5b) In the NPRM, in response to Western Growers Association (WGA) petition P-1352, we proposed to revise the HMR to provide for the transportation of large, mobile refrigeration systems used by the agricultural produce industry at field sites to help preserve freshly harvested fruit and vegetables. These refrigeration systems consist of ASME non-DOT specification pressure components with a maximum total volumetric capacity per vehicle of 2,500 gallons. Refrigerant systems placed in service prior to June 1, 1991, have a maximum allowable working pressure (MAWP) between 150 to 250 psig; those placed in service on or after June 1, 1991, have an MAWP of 250 psig. These refrigeration systems, commonly known as vacuum tubes, accumulators, refrigeration units, icemakers, pressure coolers or evaporators, primarily use Division 2.2 refrigerant gases or anhydrous ammonia in the cooling process. The refrigeration systems may or may not be mounted on a motor vehicle and currently are operated under a special permit (SP-10285) that requires each refrigeration system to be visually inspected annually and proof pressure tested at least once every two years. In the NPRM, we proposed design and safety control measures for these refrigeration systems consistent with those specified in the special permit and established conditions for their use. We did not receive any comments regarding this amendment; therefore, with minor editorial revisions, we are adopting it as proposed. In addition, in the IBR materials in Sec. 171.7(b), we are adding an entry for the American Society for Testing and Materials' publication ASTM E 290-97a (2004) and revising the entries for the ASME Code, ASTM A 53/A 53M-06a and ASTM A 106/A 106M-06a to add a corresponding reference to Sec. 173.5b. Classification Criteria for Toxic Gas Mixtures (Sec. 173.115) In Sec. 173.115(c)(2), the definition for Division 2.3 material (gas poisonous by inhalation) provides that LC 50 values for mixtures may be determined using the formula in Sec. 173.133(b)(1)(i) or CGA P-20, ``Standard for Classification of Toxic Gas Mixtures.'' In the NPRM, we proposed to update CGA P-20 from the 1995 2nd edition to the 2003 3rd edition as requested by CGA (P-1488). We did not receive any comments opposing this update; therefore, we are adopting the amendment as proposed. Tube Trailers (Sec. 173.301) This section prescribes general requirements for the shipment of compressed gases in cylinders and spherical pressure vessels. Paragraph (i) of Sec. 173.301 specifies guidelines for cylinders mounted on motor vehicles or in frames, commonly referred to as tube trailers. Seamless DOT specification cylinders longer than 2 meters (6.5 feet) may be transported only when horizontally mounted on a vehicle or in an ISO framework or other framework of equivalent structural integrity. In the NPRM, we proposed to revise Sec. 173.301(i) to reference the technical bulletin, CGA TB-25, ``Design Considerations for Tube Trailers,'' 2005 edition in response to a CGA petition (P-1484). CGA TB-25 addresses protective structures for valves and pressure relief devices, and design considerations for the static, dynamic, and thermal loads affecting tube trailers. These design considerations are intended to reduce the likelihood of the tube separating from the trailer and to minimize the unintentional release of hazardous materials in the event of a highway collision, including but not limited to, a rollover accident, thereby promoting the reliable operation of the trailers under normal conditions and minimizing the risk of a catastrophic accident. CGA developed TB-25 to address safety concerns identified following a May 1, 2001 hydrogen gas tube trailer incident in Ramona, Oklahoma, investigated by the National Transportation Safety Board (NTSB). In the incident, certain horizontally mounted cylinders on a semi-trailer, along with valves, piping and fittings, were damaged, causing the release of hydrogen gas. In the NPRM, we stated the adoption of CGA TB-25 would respond to two NTSB safety recommendations (H-02-23 and H-02-24). Based on its investigation of the May 1, 2001 accident, NTSB recommended that PHMSA revise Sec. 173.301 to clearly require valves, piping, and fittings on cylinders that are horizontally mounted and used to transport hazardous materials to be protected from multidirectional forces that are likely to occur during accidents, including rollovers (Recommendation H-02-23) and to require cylinders that are used to transport hazardous materials and are horizontally mounted on a semitrailer to be protected from impact with the roadway or terrain to reduce the likelihood of their being fractured and ejected during a rollover accident (Recommendation H-02-24). In response to the NPRM, NTSB submitted comments stating that CGA TB-25 adequately addresses Safety Recommendation H-02-23, but expressing concern that CGA TB-25 does not adequately address Safety Recommendation H-02-24. NTSB notes that in the May 1, 2001 accident, 6 of the 10 cylinders on the semi-trailer extended beyond the envelope of the [[Page 16137]] mounting bulkheads on the semi-trailer. Consequently, during the rollover and sliding of the semi-trailer along the ground, the exposed cylinders, rather than the mounting bulkheads, sustained the initial impact with the roadway and ground. NTSB states CGA TB-25 does not specifically require the individual cylinders to be within the envelope of the mounting bulkheads or otherwise be protected from direct impact with the roadway or ground and the NPRM does not explain how the implementation of the multidirectional loading standards for the cylinders and mounting attachments reduces the exposure of cylinders to direct impacts in rollover accidents. NTSB also notes the cylinders on the tube trailer in the Ramona accident were permanently mounted on the trailer chassis, while CGA TB-25 defines a ``tube module'' as an assembly of one or more tubes horizontally mounted on a structural frame that is designed to be temporarily mounted on a motor vehicle, and does not specifically require that tube modules meet the comparable loadings and accident protection standards implemented for tube bundles that are permanently mounted on a trailer chassis. Based on the concerns raised in the NTSB comments, CGA formed a committee to address the issues identified by NTSB and responded with detailed comments and a revised CGA TB-25 that are available in the public docket. CGA disagrees with NTSB on the causal factors of the Ramona accident and contends that modifying existing trailers or designing new trailers so that the envelope extends beyond the cylinders is unjustified based upon the circumstances of the Ramona accident. CGA notes that prior to the Ramona tube trailer rollover, there are no records of previous incidents that resulted in an actual failure of a cylinder. CGA further states that, in the early stages of the development of CGA TB-25, a CGA task force spent a significant amount of time reviewing the details of the NTSB report, as well as information gathered from individuals with first-hand knowledge of the investigation and the tube trailer involved, to gain a more thorough understanding of the cause of the cylinder failure. The CGA task force observed that the threads on the mounting flange and the corresponding threads on the neck of the failed tube showed evidence of excessive wear. The task force concluded, therefore, that the excessive wear of the threads in the mounting flanges allowed the neck on the rear end of one of the cylinders to pull loose from the mounting flange during the initial rollover. The cantilevered movement of the now unrestrained rear end of the cylinder imparted substantial stress on the restrained front neck of the cylinder, causing the cylinder neck to fracture. CGA notes that its conclusion that contact of the cylinder with the roadway was not the cause of the cylinder failure is substantiated by evidence from previous rollover incidents where cylinders contacting the road surface exhibited only abrasion damage similar to that depicted on the remaining cylinders on the tube trailer shown in Figure 5 of the NTSB investigation report. As a result, the task force concludes that one of the key design considerations for CGA TB-25 should be the securement of the tubes within the tube bundles. To address this securement issue, CGA established another task force to develop inspection criteria for the mounting threads on cylinders mounted on tube trailers that could be performed during requalification. CGA's publication on mounting thread inspection is targeted for publication in early 2009. In the interim, we have posted periodic thread inspection guidelines for cylinders mounted on tube trailers on the PHMSA Web site ( http://www.phmsa.dot.gov/staticfiles/PHMSA/DownloadableFiles/ Files/Inspection_Procedure.pdf). To address NTSB's concern regarding the distinction between the requirements for a tube module and a tube bundle, CGA revised TB-25 to address its applicability to tube modules. In this final rule, we are incorporating the revised CGA TB-25, 2008 edition by reference into the HMR. Requalification of DOT 3BN Cylinders (Sec. 173.338) Section 173.338 authorizes the use of DOT 3BN cylinders for the shipment of tungsten hexafluoride. In response to a petition (P-1458) from Air Products, we proposed in the NPRM to permit DOT 3BN cylinders used exclusively for tungsten hexafluoride to be requalified by an external visual inspection in place of the volumetric expansion test. The proposal was based on the safety record of a similar chemical, hydrogen fluoride, which has a similar exception. This alternative requalification method is currently authorized under the terms of a special permit (DOT SP-14016). In response to the proposed amendment, Air Products requests that we revise the proposed language to allow a cylinder utilizing this exception to be given a complete internal inspection and a volumetric expansion test if used to transport other types of hazardous materials rather than require the cylinder to be removed from service and condemned, as required under the special permit. Air Products notes that cylinders used in tungsten hexafluoride service are authorized for the transportation of other types of compressed gases provided all applicable HMR requirements are met. Air Products further notes that the condemnation requirement in DOT SP- 14016 was based on the fact that it was applied for and granted on an emergency basis. The commenter is not correct. We included the condemnation requirement in the special permit because of the similarity of the two chemicals. Air Product has not provided any technical and safety data to support waiving the requirement. Therefore, the amendment is adopted as proposed. C. Part 176 Stowage Requirements for Class 2 Material on Vessels (Sec. 176.200) Section 176.200 prescribes general stowage requirements for Class 2 (compressed gases) materials transported aboard vessels. In response to a petition (P-1471) from Horizon Lines, we proposed in the NPRM to prohibit the stowage on vessels of Division 2.1 (flammable) gases in powered refrigerated temperature controlled containers (reefer units) unless the equipment is capable of preventing ignition of flammable vapors by having non-sparking or explosion-proof electric fittings within the cooling compartment. This amendment is consistent with requirements contained in the International Maritime Dangerous Goods Code. We received one supportive comment (Bartley). We did not receive any comments opposing this amendment; therefore, we are adopting it as proposed. D. Part 178 DOT 4E Cylinders (Sec. 178.68) Section 178.68 contains the manufacturing specification for DOT 4E welded aluminum cylinders. Paragraph (l)(2) specifies the guided bend test procedures and rejection criteria to be applied to welds. In response to a petition (P-1486) from Worthington Cylinders Corp (Worthington), we proposed in the NPRM to revise paragraph (l)(2) to authorize the use of an alternate bend test illustrated in paragraph 12 of The Aluminum Association's publication, ``Welding Aluminum: Theory and Practice'' for determining the soundness of circumferential seam welds on aluminum cylinders. We did not receive [[Page 16138]] any comments opposing this amendment; therefore, we are adopting it as proposed. DOT 406, 407, and 412 Cargo Tank Motor Vehicles (Sec. 178.345-3) Section 178.345-3 prescribes structural integrity requirements for the design and construction of DOT 406, DOT 407, and DOT 412 cargo tank motor vehicles. In response to a petition (P-1408) from TTMA, we proposed in the NPRM to revise paragraph (a) to reference TTMA RP 96- 01, ``Structural Integrity of DOT 406, DOT 407, and DOT 412 Cylindrical Cargo Tanks,'' as suitable guidance for performing the structural integrity calculations. We did not receive any comments regarding this amendment; therefore, we are adopting it as proposed. In addition, we are revising paragraph (b) of Sec. 171.7, List of informational materials not requiring incorporation by reference, to add a reference to TTMA RP No. 96-01 and a corresponding section reference for Sec. 178.345-3. Manhole Assemblies on DOT 406, 407, and 412 Cargo Tank Motor Vehicles (Sec. 178.345-5) Section 178.345-5 prescribes requirements for manhole assemblies used on DOT 406, DOT 407, and DOT 412 cargo tank motor vehicles. In response to a petition (P-1372) from TTMA, we proposed in the NPRM to revise paragraph (f) to remove a duplicative manhole marking requirement. We did not receive any comments regarding this amendment; therefore, we are adopting it as proposed except for certain minor editorial revisions. E. Part 180 Cargo Tank Testing and Inspection (Sec. 180.407) Section 180.407 prescribes requirements for the periodic testing and inspection of specification cargo tanks. Paragraph (d)(3) of Sec. 180.407 requires each reclosing pressure relief valve that is required to be removed and tested to be able to open at the required set pressure and reseat to a leak-tight condition at 90 percent of the set- to-discharge pressure or the pressure for the applicable cargo tank specification. In response to a petition for rulemaking from Keehn Service Corporation (Keehn Service) (P-1436), we proposed to revise paragraphs (d)(3) and (g)(1)(ii)(A) of Sec. 180.407 to specify that reclosing and self-closing pressure relief valves must be set to discharge at a pressure no more than 110% of the required set pressure. Providing for a tolerance is consistent with the set-to-discharge tolerance allowed for certain other DOT specification pressure vessels. We received comments from Air Products and NPGA regarding this proposed amendment. Air Products is supportive of the amendment as proposed. NPGA recommends the usage of the term ``start-to-discharge'' in place of the term ``set-to-discharge.'' NPGA also suggests we clarify that reseating to a leak tight position should occur at ``no less than'' 90 percent of the set-to-discharge pressure. We agree with both suggestions and believe that they would benefit the regulated community. Also, the tank car and portable tank requirements in the HMR use similar terminology. V. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Rulemaking This final rule is published under authority of 49 U.S.C. 5103(b), which authorizes the Secretary of Transportation to prescribe regulations for the safe transportation, including security, of hazardous material in intrastate, interstate, and foreign commerce. The purpose of this final rule is to enhance the safe transportation of hazardous materials in cargo tank motor vehicles and cylinders, clarify regulatory requirements, and reduce operating burdens on carriers, shippers, and users. B. Executive Order 12866 and DOT Regulatory Policies and Procedures This final rule is not considered a significant regulatory action under section 3(f) of Executive Order 12866 and, therefore, was not reviewed by the Office of Management and Budget (OMB). This rule is not significant under the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034). In this final rule, we are amending the HMR to enhance safety and to offer greater flexibility in complying with the regulatory requirements for cargo tanks and cylinders without sacrificing the current HMR level of safety. Most of these amendments are based on petitions for rulemaking submitted by the regulated community and, for the most part, should reduce overall compliance costs. For example, several of the amendments adopted in this final rule provide regulatory relief through alternative means of compliance with certain industry consensus standards. Adoption of industry standards reduces the regulatory burden on persons who offer hazardous material for transportation and persons who transport hazardous materials in commerce. Industry standards developed and adopted by consensus generally are accepted and followed by the industry; thus, their incorporation by reference in the HMR assures that the industry is not forced to comply with a different set of standards to accomplish the same safety goal. In addition, several amendments adopted in this final rule provide regulatory relief through compliance with certain nationally and internationally recognized standards such as the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code and standards published by the American Society for Testing and Materials (ASTM) and the International Organization for Standardization (ISO). Requiring regulatory compliance with standards such as the ASME Code, ASTM and ISO takes advantage of established and well-defined and proven practices. Additionally, we are addressing a safety problem involving the transportation of hazardous materials in tube trailers through adoption of CGA consensus standard TB-25, ``Design Considerations for Tube Trailers.'' The updated CGA standard addresses safety concerns identified by NTSB in its investigation of an accident involving tube trailers that resulted in the release of hydrogen gas. We anticipate transportation of hydrogen gas in tube trailers will increase significantly in the coming years to support its use as an alternative fuel for automobiles and other vehicles. Ensuring that hydrogen gas will be transported safely to suppliers and distribution centers will be essential to support its use as an alternative fuel. The CGA standard addresses protective structures for valves and pressure relief devices and design considerations for static, dynamic, and thermal loads affecting tube trailers. The standard is intended to reduce the likelihood of the tubes separating from the trailer and to prevent the unintentional release of hazardous materials in the event of a highway collision or rollover accident. Because we are adopting an industry consensus standard that revises a standard already in widespread use, we expect compliance costs associated with this proposal will be minimal. Overall this final rule will enhance transportation safety and reduce the overall compliance burden on the regulated industry. C. Executive Order 13132 This final rule was analyzed in accordance with the principles and criteria contained in Executive Order 13132 (``Federalism''). This final rule [[Page 16139]] preempts 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. The Federal hazardous materials transportation law, 49 U.S.C. 5101- 5127, contains an express preemption provision (49 U.S.C. 5125(b)) that preempts State, local, and Indian tribe requirements on certain covered subjects. Covered subjects are: (i) The designation, description, and classification of hazardous material; (ii) The packing, repacking, handling, labeling, marking, and placarding of hazardous material; (iii) The preparation, execution, and use of shipping documents related to hazardous material and requirements related to the number, contents, and placement of those documents; (iv) The written notification, recording, and reporting of the unintentional release in transportation of hazardous material; or (v) The design, manufacture, fabrication, inspection, marking, maintenance, reconditioning, repair, or testing of a packaging or container represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce. This final rule addresses covered subject items (v) above and preempts State, local, and Indian tribe requirements not meeting the ``substantively the same'' standard. Federal hazardous materials transportation law provides at Sec. 5125(b)(2) that, if DOT issues a regulation concerning any of the covered subjects, DOT must determine and publish in the Federal Register the effective date of Federal preemption. The effective date may not be earlier than the 90th day following the date of issuance of the final rule and not later than two years after the date of issuance. PHMSA has determined the effective date of Federal preemption for these requirements will be 1 year from the date of publication of a final rule in the Federal Register. D. Executive Order 13084 This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13084 (``Consultation and Coordination with Indian Tribal Governments''). Because this rule does not significantly or uniquely affect the communities of the Indian tribal governments and does not impose substantial direct compliance costs, the funding and consultation requirements of Executive Order 13084 do not apply. E. Regulatory Flexibility Act, Executive Order 13272, and DOT Regulatory Policies and Procedures The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an agency to review regulations to assess their impact on small entities unless the agency determines a rule is not expected to have a significant impact on a substantial number of small entities. This final rule incorporates several petitions for rulemaking submitted by the regulated community. As specified above, there may be minimal increased costs associated with the adoption of CGA TB-25. However, the revisions as a whole in this rule should decrease overall compliance costs for the regulated community while enhancing the safe transportation of hazardous materials in commerce. Therefore, I certify this rule should 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'') and DOT's procedures and policies to promote compliance with the Regulatory Flexibility Act to ensure potential impacts of draft rules on small entities are properly considered. F. Paperwork Reduction Act PHMSA currently has approved information collections under Office of Management and Budget (OMB) Control Number 2137 0014, ``Cargo Tank Specification Requirements,'' with an expiration date of February 28, 2011. This final rule contains no new information collection and recordkeeping requirements. The annual visual inspection certification and record retention requirement prescribed for portable and mobile refrigeration systems in Sec. 173.5b(d) of the final rule are required currently under the terms of the special permit (DOT-SP 10285) and are included in the burden hours reported under OMB Control Number 2137- 0014. Title 5, Code of Federal Regulations requires us to provide interested members of the public and affected agencies an opportunity to comment on information collection and recordkeeping requests. Under the Paperwork Reduction Act of 1995, no person is required to respond to an information collection unless it has been approved by OMB and displays a valid OMB control number. Section 1320.8(d), Title 5, Code of Federal Regulations requires that PHMSA provide interested members of the public and affected agencies an opportunity to comment on information collection and recordkeeping requests. Requests for a copy of these information collections should be directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous Materials Standards (PHH-10), Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue, SE., (Second Floor, East Building), Washington, DC 20590-0001, Telephone (202) 366-8553. 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 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 imposes no unfunded mandates and thus does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. I. Environmental Assessment The National Environmental Policy Act (42 U.S.C. 4321-4375) requires that Federal agencies analyze proposed actions to determine whether the action will have a significant impact on the human environment. The Counsel on Environmental Quality (CEQ) regulations order Federal agencies to conduct an environmental review considering (1) The need for the proposed action; (2) alternatives to the proposed action; (3) probable environmental impacts of the proposed action and alternatives; and (4) the agencies and persons consulted during the consideration process. 40 CFR 1508.9(b). 1. Purpose and Need PHMSA is making miscellaneous amendments to the HMR based on petitions for rulemaking and PHMSA's own initiatives. The amendments are intended to update, clarify, or provide relief from certain existing regulatory requirements to promote safer transportation practices; eliminate unnecessary regulatory requirements; resolve outstanding petitions for rulemaking; and make these requirements easier to understand. [[Page 16140]] 2. Alternatives In developing the proposed rule, we considered two alternatives: (1) Do nothing. (2) Propose revisions to the HMR based on petitions for rulemaking and PHMSA initiatives. Alternative 1: Because our goal is to facilitate uniformity, compliance, commerce and safety in the transportation of hazardous materials, we rejected this alternative. Alternative 2: Many of the industry standards currently incorporated by reference have been revised and updated to incorporate new technology and methodology. Most of the amendments would relax requirements in certain instances or allow for alternative means of compliance while still ensuring safety, clarify regulatory requirements, and make the regulatory provisions more consistent--all in furtherance of the safe transportation of hazardous materials in commerce. 3. Analysis of Environmental Impacts Hazardous materials are transported by aircraft, vessel, rail, and highway. The potential for environmental damage or contamination exists when packages of hazardous materials are involved in accidents or en route incidents resulting from cargo shifts, valve failures, package failures, or loading, unloading, or handling problems. The ecosystems that could be affected by a release include air, water, soil, and ecological resources (for example, wildlife habitats). The adverse environmental impacts associated with releases of most hazardous materials are short-term impacts that can be greatly reduced or eliminated through prompt clean up of the accident scene. Most hazardous materials are not transported in quantities sufficient to cause significant, long-term environmental damage if they are released. The hazardous material regulatory system is a risk management system that is prevention-oriented and focused on identifying a hazard and reducing the probability and quantity of a hazardous material release. Making the regulatory provisions in the HMR clearer and more consistent with industry standards will promote compliance and thereby enhance the safe transportation of hazardous materials and the protection of the environment. Updating the references to industry standards enhances safety and environmental protection by recognizing the use of new technologies. This final rule to relax certain regulatory requirements is based on PHMSA's experience, review, and determination that the changes are consistent with safety. Neither the ``do nothing'' alternative nor the action alternative would result in any significant impacts on the environment. 4. Consultations and Public Comment Various modal agencies, including FMCSA, FRA, and the USCG were consulted and participated in the notice and comment process. A listing of the commenters is specified in the SUPPLEMENTARY INFORMATION section under ``Background.'' No commenters addressed the potential environmental impacts of the proposals in the NPRM. 5. Decision About the Degree of Environmental Impact PHMSA finds that the selected alternative will not have a significant impact on the human environment. J. Privacy Act Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit http://www.dot.gov . List of Subjects 49 CFR Part 171 Exports, Hazardous materials transportation, Hazardous waste, Imports, Incorporation by reference, 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 176 Hazardous materials transportation, Maritime carriers, Radioactive materials, Reporting and recordkeeping requirements. 49 CFR Part 178 Hazardous materials transportation, Incorporation by reference, Motor vehicle safety, Packaging and containers, Reporting and recordkeeping requirements. 49 CFR Part 180 Hazardous materials transportation, Incorporation by reference, Motor carriers, Motor vehicle safety, Packaging and containers, Railroad safety, Reporting and recordkeeping requirements. 0 In consideration of the foregoing, 49 CFR Chapter I is amended as follows: PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 0 1. The authority citation for part 171 continues to read as follows: Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53; Public Law 101-410 section 4 (28 U.S.C. 2461 note); Public Law 104- 
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