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Bulktransporter 3746 Fuel Tanker Thinkstock 0
Bulktransporter 3746 Fuel Tanker Thinkstock 0
Bulktransporter 3746 Fuel Tanker Thinkstock 0
Bulktransporter 3746 Fuel Tanker Thinkstock 0

PHMSA wants to incorporate 2015 ASME Section XII rules in federal cargo tank regs

July 6, 2016
In a Supplemental Notice of Proposed Rulemaking (SNPRM), the Pipeline and Hazardous Materials Safety Administration says it wants to incorporate and allow the use of the 2015 edition of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code, Section XII—Rules for Construction and continued Service of Transport Tanks for the construction and continued service of cargo tank motor vehicles (CTMVs), cryogenic portable tanks, and multi-unit tank car tanks (ton tanks).

In a Supplemental Notice of Proposed Rulemaking (SNPRM), the Pipeline and Hazardous Materials Safety Administration says it wants to incorporate and allow the use of the 2015 edition of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code, Section XII—Rules for Construction and continued Service of Transport Tanks for the construction and continued service of cargo tank motor vehicles (CTMVs), cryogenic portable tanks, and multi-unit tank car tanks (ton tanks). PHMSA is calling for public comments on the proposal, which is related to proposed rule HM-241.

PHMSA also proposes to incorporate and authorize the use of the 2015 edition of the National Board of Boiler and Pressure Vessel Inspectors National Board Inspection Code, in federal regulations as they apply to the continued service of CTMVs, cryogenic portable tanks, and ton tanks constructed to ASME Section XII standards, as well as for existing CTMVs constructed in accordance with the current hazardous materials regulations. If adopted, these amendments will allow for flexibility regarding selection of authorized packaging, in addition to qualification and maintenance for continued service of the packaging, without compromising safety, according to PHMSA.

Despite overwhelming industry opposition, PHMSA officials have continued to push forward with HM-241, which was announced as a Notice of Proposed Rulemaking in 2013. The NPRM generated comments from 20 stakeholders, and most of those comments were in opposition.

Commenters in support of the proposals generally indicated: (1) The need to incorporate Section XII to reflect present-day improvements, especially the new definitions of authorized inspection agencies; and (2) providing for an alternative as reasons for support. Commenters opposing the proposals generally indicated: (1) Lack of public input and inaccessibility to current and future versions of Section XII and the NBIC; (2) inefficient and excessive cost to the industry; and (3) no actual improvement in hazardous materials transportation safety as reasons for opposition. Commenters also raised questions about how continued service requirements of Section XII will affect small industry stakeholders and what role DOT/PHMSA may have in oversight of that process. PHMSA basically rejected every opposition comment.

Comments on the SNPRM are due by June 28, 2016. To the extent possible, PHMSA will consider late-filed comments as we determine whether additional rulemaking is necessary.

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, US 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 am and 5 pm, 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.  ♦

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