[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Notices]
[Page 63221]
[FR Doc No: 2013-24803]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-D-0241]

Guidance for Industry on Data Elements for Submission of
Veterinary Adverse Event Reports to the Center for Veterinary Medicine;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance for industry 188 entitled ``Data
Elements for Submission of Veterinary Adverse Event Reports to the
Center for Veterinary Medicine.'' The purpose of this guidance is to
assist sponsors or non-applicants with filling out Form FDA 1932,
``Veterinary Adverse Drug Reaction, Lack of Effectiveness, Product
Defect Report,'' in both paper and electronic format, as required by
FDA regulations.

DATES: Submit either electronic or written comments on Agency guidances
at any time.

ADDRESSES: Submit written requests for single copies of the guidance to
the Communications Staff (HFV-12), Center for Veterinary Medicine, Food
and Drug Administration, 7519 Standish Pl., Rockville, MD 20855. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the guidance document.
    Submit electronic comments on the guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Margarita Brown, Center for Veterinary
Medicine (HFV-241), Food and Drug Administration, 7519 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of May 25, 2010 (75 FR 29352), FDA
published the notice of availability for a draft guidance 188
entitled ``Data Elements for Submission of Veterinary Adverse Event
Reports to the Center for Veterinary Medicine,'' giving interested
persons until August 9, 2010, to comment on the draft guidance. FDA
made changes to the draft document in response to these comments, to
clarify the information that we expect to receive, to reflect ongoing
International Cooperation on Harmonization of Technical Requirements
for Registration of Veterinary Medicinal Products (VICH) activities in
which FDA is participating, and to provide direction for voluntary use
of CVM internal terms for medication errors. In addition, editorial
changes were made to improve clarity. The guidance announced in this
notice finalizes the draft guidance dated May 24, 2010.

II. Significance of Guidance

    This level 1 guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The guidance represents
the Agency's current thinking on the topic. It does not create or
confer any rights for or on any person and does not operate to bind FDA
or the public. An alternative approach may be used if such approach
satisfies the requirements of the applicable statutes and regulations.

III. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in section 512(l) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360b(l)) have been approved under 0910-
0645.

IV. Comments

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

V. Electronic Access

    Persons with access to the Internet may obtain the guidance at
either http://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm or http://www.regulations.gov.

    Dated: October 18, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-24803 Filed 10-22-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Notices]
[Page 68498]
[FR Doc No: 2016-23896]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Fifteenth Meeting of the RTCA Tactical Operations Committee

AGENCY: Federal Aviation Administration (FAA), U.S. Department of
Transportation (DOT).

ACTION: Fifteenth Meeting of the RTCA Tactical Operations Committee.

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SUMMARY: The FAA is issuing this notice to advise the public of the
Fifteenth Meeting of the RTCA Tactical Operations Committee.

DATES: The meeting will be held October 27, 2016, 10:00 a.m.-04:00 p.m.

ADDRESSES: The meeting will be held at: RTCA Headquarters, 1150 18th
Street NW., Suite 910, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Trin Mitra at<EMAIL_ADDRESS>or 202-
330-0655, the RTCA Secretariat, 1150 18th Street NW., Suite 910,
Washington, DC 20036, or by telephone at<PHONE_NUMBER>, fax at (202)
833-9434, or Web site at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for the Fifteenth Meeting of the RTCA Tactical Operations
Committee. The agenda will include the following:

Thursday, October 27, 2016--10 a.m.- 4 p.m.

1. Opening of Meeting/Introduction of TOC Members--Co-Chairs Dale
Wright and Bryan Quigley
2. Official Statement of Designated Federal Official--Elizabeth Ray
3. Approval of June 23, 2016 Meeting Summary
4. FAA Update--Elizabeth Ray
5. Review Draft Recommendations from Graphical TFR Task Group
6. Update from PBN Route Structure Task Group
    a. High Altitude Group
    b. Overview briefing on Alaska needs
    c. Low Altitude Groups
7. Update on Previous TOC Recommendations
8. Discuss Potential Future TOC Tasks
9. Update on the NextGen Advisory Committee (NAC)
10. Update on the Drone Advisory Committee (DAC)
11. Plan for Future TOC Meetings
12. Other Business
13. Adjourn
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on September 28, 2016.
Mohannad Dawoud,
Management & Program Analyst, Partnership Contracts Branch, ANG-A17,
NextGen, Procurement Services Division, Federal Aviation
Administration.
[FR Doc. 2016-23896 Filed 10-3-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 246 (Thursday, December 23, 2010)]
[Proposed Rules]
[Pages 80765-80773]
[FR Doc No: 2010-32231]

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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: Advance notice of proposed rulemaking (ANPRM).

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SUMMARY: PHMSA is considering amending the Hazardous Materials
Regulations (HMR) to incorporate the most recent edition of the
American Society of Mechanical Engineers' Boiler and Pressure Vessel
Code, Section XII for the design, construction, and certification of
cargo tank motor vehicles, cryogenic portable tanks and multi-unit-tank
car tanks (ton tanks). PHMSA is also considering incorporating by
reference the National Board of Boiler and Pressure Vessel Inspectors'
National Board Inspection Code as it applies to the continuing
qualification and maintenance of ASME stamped cargo tank motor
vehicles, portable tanks, and multi-unit-tank car tanks (ton tanks)
constructed to standards in ASME Section VIII or ASME Section XII. In
this ANPRM, PHMSA is soliciting comments on the advisability of
incorporating the most recent editions of these two standards by
reference. We request comments to identify any gaps or inconsistencies
between current HMR requirements and these consensus standards.
Additionally, we seek input regarding any potential costs, benefits,
and burdens associated with compliance with these consensus standards.

DATES: Submit comments by March 23, 2011. 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).
    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.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kurt Eichenlaub or Ben Supko,
Standards and Rulemaking Division,<PHONE_NUMBER>, or Charles Hochman,
Engineering and Research Division,<PHONE_NUMBER>, Pipeline and
Hazardous Materials Safety Administration, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. 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)
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 XII: ASME BPVC, Section XII

II. 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 hazardous materials
safety regulations applicable to packagings used to transport hazardous
materials in commerce, including requirements for the design,
construction, qualification, maintenance, and repair of bulk packagings
such as cargo tanks, portable tanks, and ton tanks.
    Under 49 CFR 1.53, PHMSA is delegated the responsibility to enforce
the Hazardous Materials Regulations. In addition, under 49 CFR 1.49(s)
and 1.73(d), the Federal Railroad Administration and the Federal Motor
Carrier Safety Administration (FMCSA) are delegated authority to
enforce the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180)
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.
    General requirements for cargo tank motor vehicles (CTMVs),
portable tanks, and ton tanks such as outage and filling limits, are
prescribed in Sec.  173.24b. Detailed design and construction
requirements that encompass material of construction, structural
integrity, closures, openings, inlets and outlets, pressure relief
devices, valves and fittings, tests, certification, etc., are specified
in 49 CFR part 178, subpart H for portable tanks, subpart J for CTMVs
and 49 CFR part 179, subpart E for multi-unit tank car tanks (ton
tanks). Requirements applicable to continuing qualification and
maintenance encompassing 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. 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 the ANPRM.
    Currently, the HMR incorporate by reference the ASME BPVC, Section
VIII, Division I, as part of the standards for the design and
construction of cryogenic portable tanks and CTMVs. Section VIII sets
forth detailed criteria for the design, construction, certification,
and marking of stationary boilers and pressure vessels. Many factors
exerted on stationary tanks such as pressure, temperature changes, and
atmospheric conditions are the same as those encountered by
transportation tanks. However, Section VIII does not address unique
conditions and stresses encountered by tanks in the transportation
environment. To address differences between stationary tanks and
transportation tanks, the HMR contain additional design and
construction requirements to account for conditions and stresses likely
to occur in transportation.

III. Petitions for Rulemaking

    In this ANPRM, PHMSA is considering three petitions for rulemaking
from ASME, the National Board, and the Pressure Vessel Manufacturers
Association (PVMA).
    1. 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
contains requirements for construction and continued service of ASME
pressure vessels for the transportation of dangerous goods with design
pressures appropriate for the transportation mode and volumes greater
than 450 liters (120 gallons) via highway, railway, air, or 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
stamped transport tanks. These transport 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 cargo tanks. The 2010 edition was expanded to include the Modal
Appendix for ton tanks. [P-1459; Docket No. PHMSA-2005-21351].
    2. On February 27, 2006, PVMA petitioned PHMSA to revise the HMR to
incorporate by reference the ASME Boiler and Pressure Vessel Code,
Section XII Transport Tanks--2004 edition. PVMA and several of its
member companies participated in the development of Section XII, which

contains design requirements for tanks and pressure vessels that
several of its members manufacture. [PHMSA; P-1474; Docket No. PHMSA-
2006-24712].
    3. 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.
The NBIC has updated the 2007 edition with a 2010 addendum. [P-1502;
Docket No. PHMSA-2007-28809].

IV. ASME BPVC Section XII

    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. Development committees
meet regularly to 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, at the request of the Research and Special Programs
Administration, PHMSA's predecessor agency, the ASME Board on Pressure
Technology Codes and Standards formed a subcommittee on transport tanks
(SC XII) to develop new standards to specifically address transport
tanks with active participation by PHMSA. SC XII presides over a main
committee, three subgroups identified as: (1) General Requirements, (2)
Fabrication and Examination, and (3) Design and Materials.
Subsequently, 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 BPVC Section VIII. Section XII, 2010 edition, 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 designed
specifically to mirror existing DOT specifications; for example, a DOT
406 cargo tank is a Category 406 tank in Article 1 of Modal Appendix 1.
The 2010 edition contains modal appendices for cargo tanks, cryogenic
portable tanks, and ton tanks. For the purposes of this notice, PHMSA
is considering a proposal to incorporate Section XII, in its entirety,
for Category 331, 338, 406, 407, and 412 cargo tanks, cryogenic
portable tanks, and ton tanks. PHMSA is seeking comments as to whether
Section XII should be proposed for incorporation into the HMR as an
alternative or as a replacement for existing HMR requirements for DOT
specification CTMVs, cryogenic portable tanks, and ton tanks.
    Section VIII applies to construction of new tanks only. Tanks
constructed and certified in accordance with Section VIII are marked
with a ``U'' stamp. Section XII applies to new construction and
continued service. As defined in Section XII, ``continued service'' is
an all-inclusive term referring to the inspection, testing, repair,
alteration, and recertification of transport tanks that have been in
service. As stated earlier, Section XII is divided into ten parts.
PHMSA is considering incorporating all ten parts, the three modal
appendices for specification cargo tanks, cryogenic portable tanks, and
ton tanks, and each of the non-mandatory appendices. The ten parts are:
TG--GENERAL REQUIREMENTS; TM--MATERIAL REQUIREMENTS; TD--DESIGN
REQUIREMENTS; TW--REQUIREMENTS FOR TANKS FABRICATED BY WELDING; TF-
FABRICATION REQUIREMENTS; TE--EXAMINATION REQUIREMENTS; TT--TESTING
REQUIREMENTS; TR--PRESSURE--RELIEF DEVICES; TS--STAMPING, MARKING,
CERTIFICATION, REPORTS, AND RECORDS; and TP--REQUIREMENTS FOR REPAIR,
ALTERATION, TESTING, AND INSPECTION FOR COTINUED 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 cargo tanks designed and constructed to
Section VIII standards, currently incorporated by reference in the HMR.
PHMSA is considering whether to adopt Section XII, in its entirety, as
a replacement for existing DOT specification tanks, or as an
alternative to the design and construction requirements for DOT
specification tanks.
    In this ANPRM, PHMSA refers to the 2010 edition of ASME Section
XII. However, ASME continues to work on updates to Section XII, and we
will consider adoption of the most recent edition if PHMSA proceeds
with a notice of proposed rulemaking (NPRM). A copy of Section XII,
2010 edition, is available for review at DOT's Docket Operations Office
(see ADDRESSES). The current price of Section XII in hard copy is $450.

V. 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 bi-annually 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 and 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
website for public review in April-May and August-September. Finalized
updates are published annually as an addendum.
    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 includes PHMSA and industry representatives. The
Committee's efforts culminated in the issuance of two new supplements.
The first is Supplement 6, ``Continued Service and Inspection of DOT
Transport Tanks.'' This appears in Section 6, ``Supplements'' of Part
2, ``Inspection.'' This document describes inspection of in service
transport tanks. The second is Supplement 6, ``Repair, Alteration, and
Modification of DOT Transport Tanks.'' This appears in Section 6,
``Repairs and Alterations--Supplements'' of Part 3--``Repair.'' 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. The criteria are generally
based on requirements in Part 180 of the HMR.
    PHMSA is considering whether to adopt the NBIC for alterations,
repairs and inspections performed on ASME stamped portable tanks,
specification cargo tanks, and ton tanks used for the transportation of
hazardous materials. In this ANPRM, we refer to the 2007 edition of the
NBIC and the 2010 addendum. However, the National Board continues to
work on updates to the NBIC, and PHMSA will consider adoption of the
most recent edition if we proceed with an NPRM. A copy of the 2007
edition of the NBIC is available for review at DOT's Docket Operations
Office (see ADDRESSES appearing earlier in this notice). The current
cost of the complete NBIC set is $150 for the hard copy and $395 for
the electronic format.

VI. Voluntary Consensus Standards

    The ASME BPVC and the NBIC are international voluntary consensus
standards. The National Technology Transfer and Advancement Act of
1995, Public Law 104-113, requires agencies to use technical standards
that are developed or adopted by voluntary consensus standards bodies
unless the use of such a standard is inconsistent with applicable law
or is otherwise impractical. Public Law 104-113 requires Federal
agencies to use industry consensus standards to the extent practical;
it does not require Federal agencies to endorse a standard in its
entirety. The law does not prohibit an agency from generally adopting a
voluntary consensus standard while taking exception to specific
portions of the standard if those provisions are deemed to be
``inconsistent with applicable law or otherwise impractical.'' Taking
specific exceptions furthers the Congressional intent of Federal
reliance on voluntary consensus standards because it allows the
adoption of substantial portions of consensus standards without the
need to reject the standards in their entirety because of limited
provisions that are not acceptable to the agency. It has been PHMSA's
practice to review new editions and addenda of the ASME BPVC and NBIC
and periodically update Sec.  171.7 to incorporate newer editions and
addenda by reference. New editions of the subject codes are issued
every three years; addenda to the editions are issued yearly except in
years when a new edition is issued. The BPVC was last incorporated by
reference into the regulations under Docket No. RSPA-99-6213 (HM-218)
(August 18, 2000; 65 FR 50450). In that final rule, Sec.  171.7 was
revised to incorporate by reference the 1998 edition of Sections II
(Parts A and B), V, VIII (Division I) and IX, of the BPVC. The NBIC
1992 Edition was incorporated by reference under Docket HM-183C
(November 3, 1994; 59 FR 55162).

VII. Current HMR, Section XII, and NBIC Requirements

A. Design and Construction of Cryogenic Portable Tanks

    Sections 178.274 and 178.277 of the HMR contain requirements for
the design, construction, certification, inspection, and testing of UN
portable tanks intended for the transportation of refrigerated
liquefied gases. The HMR requires that the shells and welds of these
portable tanks must be designed, constructed, certified, inspected,
tested and stamped in accordance with Section VIII of the BPVC. BPVC
Section XII includes rules for the design, construction, certification,
inspection, and testing of cryogenic portable tanks that address
conditions and stresses unique to the transportation of cryogenic
portable tanks. However, Section XII differs from the HMR with respect
to design margins for cryogenic portable tanks (i.e., 3.5:1 rather than
4.0:1). The 3.5:1 design margin is based upon successful experience
with vessels designed to the Code rules, improved materials and
fabrication practices, new and more sophisticated design methods,
toughness requirements, and nondestructive examination technology.
PHMSA believes that adopting this new design margin by incorporating
Section XII in the HMR would update current regulations in recognition
of the technological enhancements referred to above, maintain an
equivalent level of safety to existing regulations, and relieve
unnecessary economic burden to manufacturers and users of cryogenic
portable tanks by allowing for the design and construction of thinner
walled tanks. Therefore, PHMSA is considering whether to permit the
design, construction, certification, inspection, and testing of UN
portable tanks intended for the transportation of refrigerated
liquefied gases in accordance with Section XII.

B. Design and Construction of CTMVs: Identified Differences Between HMR
and Section XII Requirements

    Sections 178.337-178.348 of the current HMR contain requirements
for the design, construction, certification, inspection, and testing of
CTMVs intended for the transportation of hazardous materials. CTMVs
conforming to the MC 331, MC 338, and DOT 407 specifications with a
maximum allowable working pressure (MAWP) greater than 35 psig or
designed to be loaded by vacuum, and to the DOT 412 specification with
a MAWP greater than 15 psig must be designed, constructed, and
certified in accordance with Section VIII, Division 1 of the 1998 ASME
Code. As defined in Sec.  173.320, the term ``constructed and certified
in accordance with the ASME Code'' means a cargo tank is constructed
and stamped in accordance with the ASME Codes and is inspected and
certified by an AI. CTMVs conforming to the DOT 406, and the lower
pressure DOT 407 and 412 specifications must be constructed in
accordance with the ASME Code. The term ``constructed in accordance
with the ASME Code'' means a cargo tank is constructed in accordance
with Section VIII, Division 1 of the ASME Codes with authorized
exceptions and is inspected and certified by a RI. The manufacturer of
the cargo tank or CTMV must hold a current ASME Certificate for use of
the ASME ``U'' stamp but the tank is not required to be ASME stamped.
Under Section XII, all newly manufactured cryogenic portable tanks and
specification CTMVs constructed in accordance with the Code must be
stamped with a ``T'' stamp.
    The Section XII requirements were harmonized with the HMR
requirements to the extent practicable. During the development of
Section XII, the SC XII

committees addressed various cargo tank concerns that industry brought
to the attention of PHMSA and FMCSA, over the past several years.
    At the request of PHMSA, ASME supplemented its original petition
for rulemaking with information identifying particular differences
between Section XII and the HMR requirements. PHMSA encourages
commenters to review and comment on these and any other differences
between ASME Section XII and the HMR that are relevant to this
endeavor. In addition, the Docket for this ANPRM includes several
reports containing research, analysis, and evaluation of various
technical standards that have been adopted in ASME Section XII.
1. 3.5 Design Margin in Lieu of 4.0 for All Vessels
    Improvements to Section VIII Division 1 Code rules over the past 50
years, successful experience with vessels designed to the Code rules,
improved materials and fabrication practices, new and more
sophisticated design methods, toughness requirements, and
nondestructive examination technology have led to a reduced design
margin in Section VIII, Division 1. In 1999, ASME adopted a design
margin of 3.5 on ultimate tensile strength in lieu of the value of 4.0
that had existed since the 1940s. In Section XII, ASME adopted the new
design margin after careful consideration and deliberations of the
technical facts previously mentioned as well as other factors that
influence transportation safety.
    The new design margins may have a significant effect on newly
constructed transport tanks. For those tanks where the minimum
thicknesses are controlled by pressure, they may be thinner/lighter
than those constructed using a design margin of 4.0. PHMSA has issued
several special permits allowing a 3.5:1 design margin. PHMSA has
reviewed the incident data for these tanks and has not identified any
incidents that would indicate a reduction in safety. PHMSA is
soliciting comments on potential safety and economic impacts of
adopting the new Section XII requirement allowing a 3.5:1 design
margin.
2. Special Materials Testing and Fabrication Requirements for MC 331
Tanks
    Section XII Modal Appendix 1-- ``Cargo Tanks'' discontinues certain
obsolete requirements for construction of MC 331 cargo tanks that are
still required in Sec. Sec.  178.337-2 and 178.337-4. This revision
modernizes material specification designations and eliminates obsolete
material specifications. It also eliminates certain obsolete material
impact test requirements, especially for quenched and tempered
materials. PHMSA has issued several special permits allowing the use of
the newer material specifications in the ASME Code for construction and
repair. A review of historical incident data shows an acceptable safety
history with no reported incidents. PHMSA is soliciting comments on the
safety and economic impacts of adopting the new Section XII reqirements
for the testing and fabrication of special materials for construction
and repair of MC 331 cargo tanks.
3. Standardization of Allowable Peak Secondary Stresses for MC 331
CargoTanks
    The requirements in Modal Appendix 1-3.5.5 and 1-3.5.1(a)(1)(b)
standardize the allowable peak secondary stress levels resulting from
short interval, non-persistent loads to that permitted for lading surge
loads for MC 331 cargo tanks by Sec.  178.337-3(d). See also 1-3.5.5 &
1-3.5.6 and footnote 1. The Appendix also aligns the MC 331 cargo tank
design with the design standard of the DOT 400-series cargo tanks for
short interval peak loads. PHMSA-sponsored research and guidance, and
understanding of current ASME requirements, provide the basis for
consideration of this revision. PHMSA solicits comments on the safety
and economic impacts of adopting the Section XII requirement for
allowable peak secondary stresses for MC 331 cargo tanks.
4. Rational Design of Non-circular Tanks
    Rational design under Appendix VIII of Section XII leads to shell
and head thicknesses of up to 15% less than what tank manufacturers
currently use. Such a difference results in a tank with at least 2%
more payload capacity. Co-operative research and development efforts by
PHMSA, ASME, and industry have served as the technical basis for
incorporation of the rational design method in Section XII. PHMSA is
soliciting comments on the safety and economic impacts of incorporating
the Section XII rational design method for non-circular tanks.
5. Non Mandatory Appendix C--Specified Minimum Thicknesses
    Non-mandatory Appendix C contains data reports that specify minimum
allowed thickness for pressure parts instead of nominal thickness and
corrosion allowance currently specified. PHMSA is soliciting comments
on the safety and economic impacts of using minimum allowed thickness
for pressure parts instead of nominal thickness and corrosion
allowance.

C. Continued Service of CTMVs, Portable Tanks, and Ton Tanks: Roles of
Inspectors HMR

    Part 180 of the HMR specifies continued service requirements for
DOT and UN portable tanks and DOT specification and certain non-
specification CTMVs. Specific requirements for the qualification,
maintenance, repair, and testing of packagings are located in 49 CFR
Part 180: Subpart E for CTMVs, Subpart F for ton tanks, and Subpart G
for portable tanks. Incorporation of Section XII and the NBIC for
continued service requirements for these ASME stamped bulk packagings
could impact the roles and responsibilities of persons who perform
tests, inspections, modifications, alterations, and repairs. PHMSA is
soliciting comments on how the continued service requirements and the
role of inspectors should be addressed in the HMR if Section XII and
the NBIC are incorporated by reference.
    To ensure that DOT specification cargo tanks are designed,
constructed, and maintained in accordance with the applicable
specification, the HMR require that each person who certifies CTMV
design, construction, repair, or testing meet certain minimum
qualifications. The qualification criteria are based on the function
performed. Professionals who meet the qualifications set forth in the
HMR for DCE, AI, and RI perform continued service functions.
    The HMR require the use of a DCE to certify each specification
cargo tank or CTMV design type, including its required accident damage
protection; the design of a modified, stretched, or rebarrelled CTMV;
or mounting of a cargo tank on a motor vehicle chassis involving
welding on the cargo tank head or shell or any change or modification
of the methods of attachment. A DCE as defined in Sec.  171.8 means a
person registered with the Department in accordance with subpart F of
part 107 of the HMR who has the knowledge and ability to perform stress
analysis of pressure vessels and otherwise determine whether a cargo
tank design and construction meets the applicable DOT specification. A
DCE must fulfill the knowledge and ability requirements by meeting any
one of the following qualifications: (1) Have an engineering degree and
one year of work experience in cargo tank structural or mechanical
design: (2) be currently registered as a professional engineer by
appropriate authority of a State of the United States or a Province of
Canada;

or (3) have at least three years' experience in performing the duties
of a DCE prior to September 1, 1991.
    Additionally, the HMR require the use of an AI to certify cargo
tanks constructed and certified in accordance with the ASME Code, as
discussed earlier in this notice under ``B. Design and Construction of
CTMVs: Identified Differences Between HMR and Section XII
Requirements.'' An AI is defined in Sec.  171.8 to mean an Inspector
who is currently commissioned by the National Board of Boiler and
Pressure Vessel Inspectors and employed as an Inspector by an
Authorized Inspection Agency. Also, this section defines an Authorized
Inspection Agency to mean: (1) A jurisdiction which has adopted and
administers one or more sections of the ASME Boiler and Pressure Vessel
Code as a legal requirement and has a representative serving as a
member of the ASME Conference Committee; or (2) an insurance company
which has been licensed or registered by the appropriate authority of a
State of the United States or a Province of Canada to underwrite boiler
and pressure vessel insurance in such State or Province.
    The HMR require the use of an RI to certify specification cargo
tank motor vehicle construction, assembly, or repair of a tank
``constructed in accordance with the ASME Code.'' Section 171.8 defines
the RI as a person registered with the Department in accordance with
subpart F of part 107 of the HMR who has the knowledge and ability to
determine whether a cargo tank conforms to the applicable DOT
specification. The RI must have: (1) An engineering degree and one year
of work experience relating to the testing and inspection of cargo
tanks; (2) an associate degree in engineering and two years of work
experience relating to the testing and inspection of cargo tanks; (3) a
high school diploma (or General Equivalency Diploma) and three years of
work experience relating to the testing and inspection of cargo tanks;
or (4) at least three years of experience performing the duties of an
RI prior to September 1, 1991. The RI must be familiar with DOT
specification cargo tanks and trained and experienced in use of the
inspection and testing equipment used. While there are narrow
exceptions that permit persons who do not qualify as RIs to perform
select inspections and tests (see Sec.  180.409(b), (c), and (d)), in
general, a cargo tank constructed in accordance with a DOT
specification for which a qualification test or inspection is due, may
not be filled and offered for transportation or transported until the
test or inspection has been successfully completed by the RI.
Section XII
    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 inspector, depending on the class designation of the
transport tank, must be an Authorized Inspector (AI), Qualified
Inspector (QI), or Certified Individual (CI).
    Under Section XII, an AI is defined as an inspector regularly
employed by an ASME-accredited Authorized Inspection Agency (AIA), who
has been qualified to ASME-developed criteria to perform inspections
under the rules of any jurisdiction that has adopted the ASME Code. The
AI may not be in the employ of the manufacturer. The AIA's and
supervisor's duties and qualifications and AI's qualifications are as
required in the latest edition and addenda of ASME QAI-1,
Qualifications for Authorized Inspection. Under ASME QAI-1, An
Authorized Inspector must hold a valid Certificate of Competency (where
required), as defined in National Board Rules for Commissioned
Inspectors, and a valid National Board Commission with an ``A''
endorsement. The inspector must have satisfactory expertise,
experience, and background for the inspection of boilers and pressure
vessels and demonstrate the ability to perform shop and field (on-site)
inspections to the satisfaction of the AIA. The inspector must have
knowledge of applicable sections of the ASME Code, Quality Control
Programs, and requirements for the maintenance and retention of in-
transit and permanent records. Finally, the inspector must receive a
passing grade on an examination given by the National Board that
evaluates the individual's knowledge of, and familiarity with, the ASME
Code, and comply with the National Board's rules for commissioned
inspectors.
    A QI is defined as an inspector regularly employed by an ASME
Qualified Inspection Organization (QIO) who has been qualified to ASME-
developed criteria by a written examination, to perform inspections
under the rules of any jurisdiction that has adopted the ASME Code. The
QI may not be in the employ of the manufacturer. The QIO's and
supervisor's duties and qualifications and the QI's qualifications are
as required in the latest edition and addenda of ASME QAI-1,
Qualifications for Authorized Inspection. Under ASME QAI-1, a Qualified
Inspector must hold a valid Certificate of Competency (where required),
as defined in National Board Rules for Commissioned Inspectors, and a
valid National Board certification as a Qualified Inspector. The
inspector must have satisfactory expertise, experience, and background
for the inspection of boilers and pressure vessels and demonstrate the
ability to perform shop and field (on-site) inspections to the
satisfaction of the QIA. The inspector must have knowledge of
applicable sections of the ASME Code, Quality Control Programs, and
requirements for the maintenance and retention of in-transit and
permanent records. Finally, the inspector must receive a passing grade
on an examination given by the National Board that evaluates the
individual's knowledge of, and familiarity with, the ASME Code. The
Qualified Inspector must comply with the National Board's rules for
qualified inspectors.
    A CI is defined as an individual certified by an ASME accredited
organization authorized to use ASME marks, as either a full-time or
part-time employee or contractor to the ASME certificate holder. The CI
is neither an AI nor a QI and must be certified and qualified to
perform inspections by the CI's employer. The CI may be in the employ
of the manufacturer or assembler. Minimum qualifications include: (a)
Knowledge of the requirements of Section XII for application of the
appropriate Code Symbol stamp; (b) Knowledge of the Manufacturer's or
Assembler's Quality System Program; and (c) Training commensurate with
the scope, complexity, or special nature of the activities to which
oversight is to be provided. A record must be maintained and certified
by the manufacturer or assembler, containing objective evidence of the
qualifications of the CI and training provided the CI's qualifications
and duties are as required in the latest edition and addenda of ASME
QAI-1, Qualifications for Authorized Inspection.
    Additionally, for continued service, Users may perform inspections
and tests if no rerating, repairs, or alterations requiring welding are
performed. Users may perform continued service inspections, including
repairs and alterations if the User possesses a valid National Board
Owner/User Certificate of Authorization. Inspectors employed by the
Owner/User may perform continued service inspections, including repairs
and alterations if the individual possesses a National Board Owner/User
commission.

    Section XII assigns transport tanks to three separate classes
depending on the design of the tank. Each class includes transport tank
designs that generally correspond to existing DOT specifications. The
NBIC inspection requirements correspond to the class of transport tank
as assigned in the Section XII Modal Appendices. In the table below,
PHMSA lists each class of transport tank to be constructed or repaired
and the type of inspector required to perform the inspection. Currently
there are no specifications in Section XII for Class 2 tanks. However,
Class 2 tanks are expected to be added in future editions.

       Transport Tank Classes Under ASME Section XII, 2010 Edition
------------------------------------------------------------------------
                                        Current
              Class                specification in    Type of inspector
                                          HMR
------------------------------------------------------------------------
Class 1.........................  UN cryogenic        Authorized
                                   portable tanks      Inspector
                                   (See Sec.
                                   178.277); DOT 407
                                   MAWP > 35 psi
                                   (See Sec.
                                   178.347); DOT 412
                                   MAWP > 15 psi
                                   (See Sec.
                                   178.348); MC 338
                                   (See Sec.
                                   178.338); MC 331
                                   (See Sec.
                                   178.337); DOT
                                   106A and 110AW
                                   (See Sec.
                                   179.300).
Class 2.........................  ..................  Qualified
                                                       Inspector , or
                                                       Authorized
                                                       Inspector
Class 3.........................  DOT 406 (See Sec.   Certified
                                    178.346); DOT      Individual,
                                   407 MAWP <= 35      Authorized
                                   psi (See Sec.       Inspector, or
                                   178.347); DOT 412   Qualified
                                   MAWP <= 15 psi      Inspector
                                   (See Sec.
                                   178.348).
------------------------------------------------------------------------

    Repairs and alterations must be performed by organizations holding
a valid National Board ``TR'' certificate of Authorization and in
possession of the appropriate National Board Code symbol stamp.
Alternatively, organizations employing Owner/User/Inspectors and in
possession of a valid Owner/User Certificate of Authorization issued by
the National Board may repair and perform alterations on transport
tanks owned and operated by the Owner/User Certificate of Authorization
holder.
    The periodic inspection and test frequencies for cargo tanks are
specified in Modal Appendix 1 of Section XII. Periodic inspection and
test frequencies for cryogenic portable tanks are specified in Modal
Appendix 3 of Section XII. The periodic inspection and test frequencies
are consistent with those specified currently in the HMR for cargo
tanks and portable tanks.

VIII. Questions

    PHMSA asks commenters to provide data and information on the
following issues:

A. Cargo Tanks

    1. Are there substantial differences between the construction and
continued service requirements of the HMR and the ASME BPVC Section XII
for cargo tanks? If so, what are the potential costs, burdens, or
safety problems associated with incorporating Section XII and the NBIC
for the construction and continued service of these tanks?
    2. For existing cargo tanks designed, constructed and stamped with
the ASME BPVC Section VIII ``U'' stamp, are there substantial
differences between the continued service requirements of the HMR and
the most recent edition of the NBIC? If so, what are the potential
costs and burdens associated with incorporating the NBIC for existing
``U'' stamped bulk packagings?
    3. Should PHMSA adopt through incorporation by reference the ASME
BPVC Section XII and the most recent edition of the NBIC for
construction and continued service of cargo tanks? If so, which
existing requirements of the HMR should be replaced with references to
these consensus standards?
    4. Would incorporation of the ASME BPVC Section XII and the NBIC
for construction and continued service of cargo tanks positively affect
transportation safety, and/or reduce industry costs?
    5. If PHMSA incorporates Section XII and the NBIC for the
construction and continued service of cargo tanks, how long of a
transition period would be needed to train employees to use these
consensus standards? What are the associated costs of training?
    6. Are the ASME BPVC Section XII and the NBIC rules of construction
and continued service of cargo tanks consistent with current HMR
requirements? If not, should PHMSA consider general adoption of the
consensus standards while taking exception to specific portions of the
standards?
    7. Are there any potential compliance issues related to
incorporating by reference Section XII and the newest edition of the
NBIC in the HMR for the construction and continued service of cargo
tanks?

B. Cryogenic Portable Tanks

    1. Are there substantial differences between the construction and
continued service requirements of the HMR and the ASME BPVC Section XII
for cryogenic portable tanks? If so, what are the potential costs,
burdens, or safety problems associated with incorporating Section XII
and the NBIC for the construction and continued service of these tanks?
    2. For existing cryogenic portable tanks designed, constructed and
stamped (``U'' stamp) in accordance with ASME BPVC Section VIII, are
there substantial differences between the continued service
requirements of the HMR and the most recent edition of the NBIC? If so,
what are the potential costs and burdens associated with incorporating
the latest edition of the NBIC?
    3. Should PHMSA adopt through incorporation by reference the ASME
BPVC Section XII and the most recent edition of the NBIC for
construction and continued service of cryogenic portable tanks? If so,
which existing requirements of the HMR should be replaced with
references to these consensus standards?
    4. Would incorporation of the ASME BPVC Section XII and the latest
edition of the NBIC for construction and continued service of cryogenic
portable tanks positively affect transportation safety, and/or reduce
industry costs?
    5. If PHMSA incorporates Section XII and the NBIC for the
construction and continued service of cryogenic portable tanks, how
long of a transition period would be needed to train employees to use
these consensus standards? What are the associated costs of training?
    6. Are the ASME BPVC Section XII and the NBIC rules of construction
and continued service of cryogenic portable tanks consistent with
current HMR requirements? If not, should PHMSA consider general
adoption of the consensus standards while taking exception to specific
portions of the standards?

    7. Are there any potential compliance issues related to
incorporating by reference Section XII and the newest edition of the
NBIC in the HMR for the construction and continued service of cryogenic
portable tanks?

C. Multi-Unit Tank Car Tanks (Ton Tanks)

    1. Are there substantial differences between the construction and
continued service requirements of the HMR and the ASME BPVC Section XII
for multi-unit tank car tanks? If so, what are the potential costs,
burdens, or safety problems associated with incorporating Section XII
and the NBIC for the construction and continued service of these tanks?
    2. For existing multi-unit tank car tanks designed and constructed
in accordance with the HMR, are there substantial differences between
current continued service requirements and the NBIC? If so, what are
the potential costs and burdens associated with incorporating the
latest edition of the NBIC?
    3. Should PHMSA adopt through incoporation by reference the ASME
BPVC Section XII and the most recent edition of the NBIC for
construction and continued service of mult-unit tank car tanks? If so,
which existing requirements of the HMR should be replaced with
references to these consensus standards?
    4. Would incorporation of the ASME BPVC Section XII and the latest
edition of the NBIC for construction and continued service of mult-unit
tank car tanks positively affect transportation safety, and/or reduce
industry costs?
    5. Are the ASME BPVC Section XII and the NBIC rules of construction
and continued service of mult-unit tank car tanks consistent with
current HMR requirements? If not, should PHMSA consider general
adoption of the consensus standards while taking exception to specific
portions of the standards?
    6. Are there any potential compliance issues related to
incorporating by reference Section XII and the the newest edition of
the NBIC in the HMR for the construction and continued service of mult-
unit tank car tanks?

IX. Additional Issues

    PHMSA will base any future proposal for changes on the suggestions
and comments provided by interested parties and our own initiatives.
Additionally, any proposals would include the analyses required under
the following statutes and executive orders in the event we determine
that rulemaking is appropriate:

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order (E.O.) 12866 requires 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.'' We
therefore request comments, including specific data if possible,
concerning the costs and benefits that may be associated with revisions
to the HMR based on the issues presented in this notice. A rule that is
considered significant under E.O. 12866 must be reviewed and cleared by
the Office of Management and Budget before it can be issued.

B. Executive Order 13132

    E.O. 13132 requires agencies to assure meaningful and timely input
by state and local officials in the development of regulatory policies
that may have a substantial, direct effect 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. Incorporation of new consensus standards by reference in
the HMR may impact state and local CTMV enforcement programs. Potential
impacts include the cost of purchasing the consensus standards and
training employees in the use of the consensus standards. We invite
state and local governments with an interest in this rulemaking to
comment on any effect that revisions to the HMR to address the issues
outlined in this notice may cause.

C. Executive Order 13175

    E.O. 13175 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 and
that impose ``substantial and direct compliance costs'' on such
communities. We invite Indian tribal governments to provide comments if
they believe there will be an impact.

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

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), we must consider whether a proposed rule would have a
significant economic impact on a substantial number of small entities.
``Small entities'' include small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations under 50,000. If you believe that revisions to the HMR to
address the issues discussed in this notice would have a significant
economic impact on small entities, please provide information on such
impacts.
    Any future proposed rule would be 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 that potential
impacts on small entities of a regulatory action are properly
considered.

E. Paperwork Reduction Act

    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. It is possible that new or revised information
collection requirements could occur as a result of any future
rulemaking action.

F. Environmental Assessment

    The National Environmental Policy Act, 42 U.S.C. 4321-4375,
requires federal agencies to analyze proposed actions to determine
whether the action will have a significant impact on the human
environment. The Council 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 Sec.  1508.9(b). PHMSA welcomes any data
or information related to environmental impacts that may result from a
future rulemaking addressing the issues discussed in this notice.

G. International Trade Analysis

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 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. For purposes of these requirements, Federal agencies
may participate in the establishment of international standards, so
long as the standards have a legitimate domestic objective, such as
providing for safety, and do not operate to exclude 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 participates in the establishment of international
standards in order to protect the safety of the American public, and we
would assess the effects of any rule to ensure that it does not exclude
imports that meet this objective. Accordingly, any proposals would be
consistent with PHMSA's obligations under the Trade Agreement Act, as
amended.

H. Statutory/Legal Authority for This Rulemaking

    49 U.S.C. 5103(b) authorizes the Secretary of Transportation to
prescribe regulations for the safe transportation, including security,
of hazardous materials in intrastate, interstate, and foreign commerce.

I. 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 contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.

    Issued in Washington, DC, on December 17, 2010 under authority
delegated in 49 CFR part 106.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 2010-32231 Filed 12-22-10; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Notices]
[Pages 52844-52845]
[FR Doc No: 2015-21603]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Reports, Forms, and Record Keeping Requirements; Agency
Information Collection Activity Under OMB Review

AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S.
Department of Transportation (DOT).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: NHTSA has forwarded the information collection request
described in this notice to the Office of Management and Budget (OMB)
for approval of a new information collection. We published a Federal
Register Notice with a 60-day public comment period on this information
collection on April 29, 2015. We are required to publish this notice in
the Federal Register by the Paperwork Reduction Act of 1995.

DATES: Comments must be submitted on or before October 1, 2015.

ADDRESSES: Send comments, within 30 days, to the Office of Information
and Regulatory Affairs, Office of Management and Budget, 725 17th
Street NW., Washington, DC 20503, Attention NHTSA Desk Officer.

FOR FURTHER INFORMATION CONTACT: Dr. James Higgins,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: Survey of Law Enforcement Officers/Agencies: Attitudes
Towards and Resources for Traffic Safety Enforcement.
    Type of Request: New information collection requirement.
    Background: Title 23, United States Code, Chapter 4, Section 402
gives the Secretary authorization to use funds appropriated to carry
out this section to conduct research and development activities,
including demonstration projects and the collection and analysis of
highway and motor vehicle safety data and related information needed to
carry out this section, with respect to all aspects of highway and
traffic safety systems and conditions relating to--vehicle, highway,
driver, passenger, motorcyclist, bicyclist, and pedestrian
characteristics; accident causation and investigations; and human
behavioral factors and their effect on highway and traffic safety.
NHTSA further has the responsibility for promoting and implementing
effective educational, engineering and enforcement programs with the
goal of ending preventable tragedies and reducing economic costs
associated with vehicle use and highway travel.
    NHTSA was established to reduce the number of deaths, injuries, and
economic losses resulting from motor vehicle crashes on the Nation's
highways. As part of this statutory mandate, NHTSA is authorized to
conduct research as a foundation for the development of motor vehicle
standards and traffic safety programs.
    NHTSA is interested in the attitudes of Law Enforcement Officers
(LEOs) and the resources that Law Enforcement Agencies (LEAs) have for
traffic safety enforcement. More specifically, NHTSA is interested in
past and present LEO viewpoints, agency resources currently being
employed, how resources are being utilized, and which additional
resources can be implemented to make the enforcement of traffic safety
more successful, efficient, and safe for both the Law Enforcement
Community as well as the public.
    NHTSA proposes to collect information from LEOs and LEAs
responsible for traffic safety enforcement. Information will be
collected through a separate survey voluntarily completed by line
officers and supervisors, as well as structured phone interviews with
LEA Chiefs or their designees. Agency administrative data will be
gathered through authorized LEA personnel responsible for maintaining
such information.
    Due to economic challenges and resource constraints, a number of
law enforcement agencies have merged traffic enforcement with other
enforcement divisions in order to reduce costs. It is important to gain
an understanding of how attitudes and resources have shifted in recent
years in order to determine what NHTSA can do to enhance traffic
safety.
    This proposed study is the first step in NHTSA understanding the
attitudes and challenges that LEOs and LEAs have with traffic safety
enforcement. This study will collect critical information about current
and past attitudes towards traffic safety enforcement, as well as
determine the strengths and weaknesses associated with merging traffic
enforcement with other enforcement divisions, and allow NHTSA to assess
key variables that have implications for intervention and outreach
activities. The agency will gain not only valuable information on the
attitudes of Law Enforcement but will also gain valuable guidance in
the logistics involved in recruiting and collecting data from agencies
and officers as well as the quality of responses and data from the
developed instruments for larger nationally representative future
studies.

Proposed Data Acquisition Methodology

    For the proposed study, we will recruit participant groups from 40
LEAs across the United States who voluntarily agree to participate in
the study. The Survey of Law Enforcement Officers/Agencies: Attitudes
Towards and Resources for Traffic Safety Enforcement will be conducted
with an average sample of 30 law enforcement line officers, 2 law
enforcement supervisors, and one command-level staff interview among 40
sampled law enforcement agencies. Approximately 1,200 completed web-
based officer surveys and 80 completed web-based supervisor surveys. In
addition, an agency head telephone interview will be conducted with a
member of each agency's command-level staff for a total of 40 completed
agency head interviews.
    All web instruments will be reviewed for section 508 compliance
using the rules specified in section 1194.22--`Web-based Intranet and
internet information and applications'.

Estimated Burden Hours for Information Collection

    Frequency: This collection will be conducted once.
    Respondent Burden: The web survey for the line officers and
supervisors will average approximately 15 minutes including
introduction, consent, confidentiality, survey questions, and
debriefing. The estimated completion time for each semi-structured
interview is 30 minutes per agency head or designee. Individuals
providing administrative data have an estimated completion time of 30-
45 minutes. The total estimated annual burden if all solicited
participants respond is approximately 370 hours. Participants will
incur no costs and no record keeping burden from the information
collection.

Public Comments Invited

    You are asked to comment on any aspect of this information
collection, including: (1) Whether the proposed collection of
information is necessary for the USDOT's performance, including whether
the information will have practical utility; (2) the data acquisition
methods; (3) the accuracy of the USDOT's estimate of the burden of the
proposed information collection; (4) the types of data being acquired;
(5) ways to enhance the quality, usefulness, and clarity of the
collected information; and (6) ways that the burden could be minimized
without reducing the quality of the collected information.

    The agency will summarize and/or include your comments in the
request for OMB's clearance of this information collection.

    Authority:  44 U.S.C. Section 3506(c)(2)(A).

    Issued on: August 25, 2015.
Jeff Michael,
Associate Administrator, Research and Program Development.
[FR Doc. 2015-21603 Filed 8-31-15; 8:45 am]
 BILLING CODE 4910-59-P