extremely difficult to break up. AN is highly hygroscopic; that is, it
readily absorbs water from the atmosphere. AN is also highly water-
soluble. If AN sits undisturbed in a bulk container long enough, it
will absorb water and the prills will dissolve slightly around the
edges. A prill is a small aggregate or globule of a material, most
often a dry sphere, formed from a melted liquid. A drop in temperature
will then cause the prills to solidify into a solid mass. IME Standard
23 counteracts this by unloading the transport container. Almost all
bulk trucks will have AN prills in them at some point, making them
susceptible to caking. Routine maintenance requirements under IME
Standard 23 do not permit caking of the contents of an MBT to occur.
IME Standard 23 specifies that if the interior surfaces of bulk
packaging are not smooth and free of obstructions, the bulk packaging
is to be inspected and cleaned ``to prevent caking and/or drying-out of
the bulk hazardous material.'' IME Standard 23 further specifies that
bulk hazardous materials not be allowed to remain in the bulk packaging
for any period of time that could result in caking. IME Standard 23
recommends that the equipment be cleaned as needed to minimize the
accumulation and packing of the bulk hazardous materials in the bulk
packaging. IME notes that instances of caking currently occur 5 to 10
times annually and cost about $12,000 to remediate each time.\67\ There
is no additional cost to industry to comply with the requirement in IME
Standard 23 that helps prevent caking. Thus, this preventive
requirement represents a savings to industry on average of $90,000 per
year (assuming an average of 7.5 (i.e., the average of 5 and 10) caking
incidents per year * $12,000 per incident for remediation).
---------------------------------------------------------------------------

    \67\ Santis, L. Cost analysis of SLP-23, special permits, and
Canadian standards for bulk trucks. Institute of Makers of
Explosives.
---------------------------------------------------------------------------

    Cost savings to the public from the IME standard. There are many
resources and costs involved in the development and revision of
standards.\68\ According to the Administrative Conference of the United
States report, ``agencies are legally required to identify the specific
version of material incorporated by reference and are prohibited from
incorporating material dynamically. When an updated version of the
incorporated material becomes available, the regulation must be updated
if PHMSA wants the regulation to incorporate the new version.'' \69\ In
addition, if the standard is copyrighted--as is often the case with
voluntary consensus standards--there are concerns with what might
constitute ``fair use'' under Section 107 of the Copyright Act. There
are fees for licensing the standards. The costs associated with paying
a fee for the standards will affect small businesses and may cause
small businesses to leave the market.
---------------------------------------------------------------------------

    \68\ ANSI notes that standard-setting organizations charge for
standards because ``every standard is a work of authorship and,
under U.S. and international law, is copyright protected, giving the
owner certain rights of control and remuneration that cannot be
taken away without just compensation. In addition, there are many
costs associated with developing, maintaining, and distributing
standards--all of which can be reflected in the price of a
standard.'' ANSI. Why voluntary consensus standards incorporated by
reference into Federal Government regulations are copyright
protected. Retrieved August 18, 2012, from http://publicaa.ansi.org/sites/apdl/Documents/News%20and%20Publications/Critical%20Issues/Copyright%20on%20Standards%20in%20Regulations/Copyright%20on%20Standards%20in%20Regulation.pdf.
    \69\ Administrative Conference of the United States.
(Memorandum). (2011, October 19). Retrieved August 7, 2015, from
https://www.acus.gov/sites/default/files/documents/Revised-Draft-Recommendation-10-19-11.pdf.
---------------------------------------------------------------------------

    According to IME information, the resources and costs associated
with development and updating include the following:

     Staff and equipment to manage the administration
process. IME spends about $1 million annually on this.
     Volunteer members to attend meetings and develop text.
Teleconferencing saves some resources and travel costs; IME
estimates that a typical member invests about a quarter of a person-
year in IME activities. The cost is not quantified.
     For meetings, IME spends approximately $100,000 per
year.
     IME spends approximately $50,000 per year to maintain
IME Standard 23.
     IME spends approximately $100,000 per year for videos,
posters, and publications.

    IME will make the standard available at no charge, which represents
a cost saving to the public of about $1.3 million.\70\ This is cost
saving to the users, since there are several factors that impact the
price of a standard. According to the American National Standards
Institute (ANSI), the price charged by standard setters includes the
costs of: (1) Developing and maintaining the standards; (2) supporting
the users of the standards and educating Federal, State, and local
government regulators and legislators about the value of the standards;
(3) paying for intellectual property rights; and (4) paying for the
production, warehousing, and distribution costs associated with

disseminating the standards.\71\ Based on IME's experience with
developing, maintaining, providing assistance to users and others, and
disseminating standards, we estimate that the total annual costs for
the development and maintenance of standards would likely be more than
$1.3 million because of an undetermined licensing fee additional to the
other cost elements.
---------------------------------------------------------------------------

    \70\ Assumes non-quantified costs of $50,000 for volunteer
members.
    \71\ ANSI. Why charge for standards? Retrieved from http://www.ansi.org/help/charge_standards.aspx?menuid=help.
---------------------------------------------------------------------------

    Cost savings to industry from reduced paperwork burden. According
to the Paperwork Reduction Act supporting statement that was prepared
for the HM-245 rule that incorporated ``Certain Cargo Tank Special
Permits'' into the HMR, PHMSA estimated a 1-hour special permit renewal
time. PHMSA estimates that the fully loaded wage rate for the employee
who fills out the permits (e.g., a compliance officer) is $32.69 per
hour; the fully loaded wage rate is $49.04 ($32.69 * 1.5) per hour.\72\
---------------------------------------------------------------------------

    \72\ PHMSA-based labor costs on the ``Compliance Officer''
occupation for wages, and accounted for fringe benefits of 50
percent to estimate the full labor cost. See: BLS Occupational
Employment Statistics http://www.bls.gov/oes/current/oes131041.htm.
---------------------------------------------------------------------------

    The annual cost savings to industry associated with the reduced
paperwork is approximately $4,757 ($49.04 hourly wage rate for a
compliance officer * 97 fewer special permits).
    Cost savings from incorporating the NHTSA requirement. The NHTSA
requirement in the final rule is expected to reduce regulatory and
administrative burden without negatively affecting transportation
safety. There are likely to be no significant marginal costs or
benefits associated with this requirement. NHTSA is the U.S. Government
agency responsible for implementing and enforcing the National Traffic
and Motor Vehicle Safety Act of 1966, as amended, 49 U.S.C. chapter 301
(the Vehicle Safety Act), and certain other laws relating to motor
vehicle safety. Under that authority, NHTSA issues and enforces the
FMVSS that apply to motor vehicles and to certain items of motor
vehicle equipment. The Vehicle Safety Act requires that motor vehicles
and regulated items of motor vehicle equipment manufactured for sale in
the United States be certified to comply with all applicable FMVSS.
Before offering a motor vehicle or motor vehicle equipment item for
sale in the United States, the fabricating manufacturer must: (1)
Designate a permanent resident of the United States as its agent for
service of process if the fabricating manufacturer is not located in
the United States (49 CFR part 551, subpart D Service of Process on
Foreign Manufacturers and Importers), and (2) submit to NHTSA
identifying information on itself and on the products it manufactures
to the FMVSS, not later than 30 days after the manufacturing process
begins (49 CFR part 566 Manufacturer Identification).
    Summary of all benefits associated with the final rule.
Incorporating IME Standard 23 into the HMR will result in annual
quantified cost savings of approximately $19.5 million (see Table 11).

            Table 11--Benefits Associated With the Final Rule
------------------------------------------------------------------------
                                                           Cost savings
                   Cost savings items                        per year
------------------------------------------------------------------------
Industry savings from no longer having to submit special         $80,025
 permit applications....................................
PHMSA savings from special permit application review....          40,158
Industry savings from no longer having to do tire checks      18,046,650
 prior to departures across public roads................
Savings to industry from remediation resulting from               90,000
 caking incidents experienced under current operations
 under special permits..................................
Minimum savings to the public from making IME Standard         1,300,000
 23 available to the public at no cost, updating and
 maintaining the publication............................
Reduced paperwork burden................................           4,757
                                                         ---------------
    Total...............................................      19,561,590
------------------------------------------------------------------------

8. Summary of Costs and Benefits From Adopting the Final Rule
    Under the final rule, the one-time costs are about $1.1 million and
the recurring annual costs are about $1.4 million. The benefits account
for approximately $19.6 million (see Table 12). The net present value
of costs discounted at three percent and seven percent over 10 years
are about $13.1 million and $11.0 million, respectively. The present
value of the $19.6 million discounted at three percent and seven
percent over 10 years is about $171.9 million and $147.0 million,
respectively.

                           Table 12--Costs and Benefits Associated With the Final Rule
----------------------------------------------------------------------------------------------------------------
                                                                                Benefits (cost
                           Cost items                             One-time costs     Recurring     savings) per
                                                                                annual costs        year
----------------------------------------------------------------------------------------------------------------
Industry applications for special permits.......................              $0              $0         $80,025
PHMSA review of special permit applications.....................               0               0          40,158
Tire pressure checks............................................               0               0      18,046,650
Fire extinguishers..............................................         419,650               0               0
Working pressure limit..........................................         462,000               0               0
Caking..........................................................               0               0          90,000
Periodic inspections/tests......................................               0       1,347,500               0
Nameplate.......................................................         192,500               0               0
Accident investigations.........................................               0          10,000               0
Driver training.................................................               0          20,000               0
Maintaining/updating IME Standard 23............................               0          50,000       1,300,000
Reduced paperwork burden........................................               0               0           4,757
                                                                 -----------------------------------------------
    Total.......................................................       1,074,150       1,427,500      19,561,590
----------------------------------------------------------------------------------------------------------------

    The annualized costs of the rule discounted at three percent are
$1.3 million and at seven percent are approximately $1.1 million (see
Table 13). The annualized benefits at three percent are approximately
$17.2 million and, at seven percent, $14.7 million. The annualized net
benefits of the final rule at three percent are approximately $15.9
million ($17.2 million in annualized benefits and $1.3 million in
annualized costs) and at seven percent are approximately $13.6 million
($14.7 million in annualized benefits and $1.1 million in annualized
costs). Table 13 summarizes these annual values:

                                                         Table 13--Annual and Annualized Values
                                                                      [$ Millions]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                            Values                                2016     2017     2018     2019     2020     2021     2022     2023     2024     2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
Costs.........................................................     $2.5     $1.4     $1.4     $1.4     $1.4     $1.4     $1.4     $1.4     $1.4     $1.4
Benefits......................................................     19.6     19.6     19.6     19.6     19.6     19.6     19.6     19.6     19.6     19.6
Net Benefits..................................................     17.1     18.1     18.1     18.1     18.1     18.1     18.1     18.1     18.1     18.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Annualized Values at 3% Discount Rate
--------------------------------------------------------------------------------------------------------------------------------------------------------
Costs.........................................................                                             1.3
Benefits......................................................                                            17.2
Net Benefits..................................................                                            15.9
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Annualized Values at 7% Discount Rate
--------------------------------------------------------------------------------------------------------------------------------------------------------
Costs.........................................................                                             1.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Benefits......................................................                                            14.7
Net Benefits..................................................                                            13.6
--------------------------------------------------------------------------------------------------------------------------------------------------------

C. Executive Order 13132: Federalism

    Executive Order 13132 requires agencies to assure meaningful and
timely input by state and local officials in the development of
regulatory policies that may have ``substantial direct effects on the
states, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.''
    This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism''), and the
President's memorandum on ``Preemption'' published in the Federal
Register on May 22, 2009 (74 FR 24693).\73\ This final rule preempts
state, local and Indian tribe requirements but does not amend 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
governments. Therefore, the consultation and funding requirements of
Executive Order 13132 do not apply. Federal hazardous material
transportation law, 49 U.S.C. 5101-5128, contains an express preemption
provision [49 U.S.C 5125(b)] preempting state, local and Indian tribe
requirements on certain covered subjects. Covered subjects are:
---------------------------------------------------------------------------

    \73\ http://www.gpo.gov/fdsys/pkg/FR-2009-05-22/pdf/E9-12250.pdf
---------------------------------------------------------------------------

    (1) The designation, description, and classification of hazardous
materials;
    (2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials; or
    (5) The designing, manufacturing, fabricating, inspecting, marking,
maintaining, reconditioning, repairing, or testing a package, container
or packaging component that is represented, marked, certified, or sold
as qualified for use in transporting hazardous material in commerce.
    This final rule addresses covered subject items (2), (3), and (5)
and would preempt any State, local, or Indian tribe requirements
concerning these subjects unless the non-Federal requirements are
``substantively the same'' as the Federal requirements. Furthermore,
this final rule is necessary to update, clarify, and provide relief
from regulatory requirements.
    Federal hazardous materials transportation law provides at 49
U.S.C. 5125(b)(2) that if PHMSA issues a regulation concerning any of
the covered subjects, PHMSA 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 proposes the effective date of federal preemption will be 90 days
from publication of the final rule in this matter in the Federal
Register.

D. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications and does not impose substantial
direct compliance costs on Indian tribal governments, the funding and
consultation requirements of Executive Order 13175 do not apply.
Furthermore, we did not receive any comments to the NPRM or requests
for consultation from Indian tribes during this rulemaking process.

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

    The Regulatory Flexibility Act of 1980 (RFA), as amended, requires
Federal agencies to conduct a separate analysis of the economic impact
of rules on small entities, taking into account the particular concerns
of small entities when developing, writing, publicizing, promulgating,
and enforcing

regulations. Under Section 603(b) of the RFA, each final Regulatory
Flexibility Analysis is required to address:
    1. A statement of the need for, and objectives of, the rule.
    2. A summary of the significant issues raised by public comments in
response to the Initial Regulatory Flexibility Analysis, a summary of
the assessment of the agency of such issues, and a statement of any
changes made in the final rule as a result of such comments.
    3. The kind and number of small entities to which the final rule
will apply.
    4. The projected reporting, recordkeeping, and other compliance
requirements of the final rule.
    5. A description of the steps the agency has taken to minimize the
significant adverse economic impact on small entities consistent with
the stated objectives of applicable statutes, including a statement of
the factual, policy, and legal reasons for selecting the alternative
adopted in the final rule and why each of the other significant
alternatives to the rule considered by the agency was rejected.
    A discussion of these requirements follows.
1. Need for the Rule
    The objective of this rulemaking is to develop a set of standards
related to the safe transportation of bulk explosives in CTMVs that
will no longer require the need to apply for or become a party to a
special permit, as the standard will be in the HMR. This rulemaking
action is necessary to provide regulatory flexibility and relief while
protecting public health, welfare, safety, and the environment. The
final rule will be beneficial to stakeholders by reducing paperwork for
industry and government while maintaining an appropriate level of
safety, which promotes safer transportation practices. Finally, this
rulemaking action facilitates commerce and eliminates unnecessary
regulatory requirements. The intended effects of this rulemaking would
provide enhanced flexibility for industry transporting hazardous
materials in commerce while maintaining an appropriate level of safety.
The rulemaking would amend the HMR by incorporating IME Standard 23 and
therefore include the requirements of nine special permits that were
used to create IME Standard 23.
2. Comments Received on the NPRM Relating to Small Entity Impact
    PHMSA did not receive any comments specifically relating to the
impact of the proposed rule on small entities. A more extensive
discussion of the comments relating to the impact of the requirements
proposed in the NPRM is provided in Section 2.7 of the Final Rule
Regulatory Impact Analysis (RIA).
    For the HM-233D NPRM, PHMSA received two sets of comments from IME
and one set of comments from R&R.\74\ \75\ IME strongly opposed
including the FSS requirement in the HM-233D rulemaking and provided
numerous arguments and data to back up their point of view. These
included:
---------------------------------------------------------------------------

    \74\ Retrieved from http://www.regulations.gov/#!docketBrowser;rpp=25;po=0;dct=PS;D=PHMSA-2011-0345.
    \75\ Other comments received from the Dangerous Goods Advisory
Council and the Council on Safe Transportation of Hazardous Articles
are supportive of the rulemaking and IME's comments.
---------------------------------------------------------------------------

    1. No deaths and serious injuries have been attributable to
hazardous materials carried on MBTs.
    2. There is no guarantee that a FSS will be operational after a
crash.
    3. The Natural Resources Canada FSS will increase the cost of a MBT
by 1.2 percent to 1.6 percent.
    IME also opposed the specifics of the requirement for EBDDs in the
HM-233D rulemaking, stating that they would support an EBDD requirement
that harmonizes with the Canadian standard. R&R argued for
clarifications needed to be made to the HM-233D rulemaking, in
particular, to draw a clearer delineation between MBTs and ACTVs that
carry one commodity.
3. A Description of and, Where Feasible, an Estimate of the Number of
Small Entities To Which the Final Rule Will Apply
    By amending the HMR, this action will likely affect only existing
holders of the nine special permits. Firms newly engaged in the
transportation of bulk explosives will benefit from the elimination of
the special permit application process. Manufacturers of MBTs will also
be affected by the final rule, as they have to comply with the Federal
Motor Vehicle Safety Standard part of the rule.
    PHMSA data detailing the applications from firms for the special
permits under consideration show that 100 firms were involved in
obtaining permits for the nine special permits referred to above.\76\
All were applications for renewals, party-to status, or modifications.
Of the 100 firms, we found 83 percent to be small and 17 percent to be
large. The size of firm was determined using the U.S. Small Business
Administration (SBA) size standard.\77\ SBA bases the size standard on
the firm's North American Industry Classification System (NAICS) code
and either average number of employees or average annual revenue. The
NAICS code, number of employees, and annual revenue were mostly found
on Manta.\78\ When there was no information on revenue or employees in
Manta, FindTheCompany was used.\79\ In the data, five percent of firms
did not have an associated NAICS code, and three percent of firms did
not have revenue or employee information. As small firms are less
likely to have public information associated with them, these firms
were classified as small.
---------------------------------------------------------------------------

    \76\ Accessed and downloaded for the nine special permits
impacted by HM-233D in May 2015 (http://www.phmsa.dot.gov/hazmat/regs/sp-a/special-permits/search).
    \77\ SBA. Table of small business standards matched to North
American Industry Classification System codes. Retrieved from
https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf.
    \78\ Manta. http://www.manta.com.
    \79\ FindTheCompany. http://www.findthecompany.com/.
---------------------------------------------------------------------------

    There were 29 different NAICS codes, as shown in the following
Table 14. Of the 100 firms, 83 were small businesses.

                               Table 14--Number of Small Businesses by NAICS Code
----------------------------------------------------------------------------------------------------------------
                                                                                Number of     Percentage of
                           NAICS code                                Number of         small           small
                                                                    businesses      businesses      businesses
----------------------------------------------------------------------------------------------------------------
424690..........................................................              25              24              96
325920..........................................................              18              14              78
484230..........................................................              10               6              60
238910..........................................................               9               6              67
236115..........................................................               2               2             100
236210..........................................................               2               2             100
237110..........................................................               2               1              50

237310..........................................................               2               2             100
237990..........................................................               2               2             100
423990..........................................................               2               2             100
484121..........................................................               2               1              50
541990..........................................................               2               2             100
212311..........................................................               1               1             100
212312..........................................................               1               1             100
213111..........................................................               1               1             100
213113..........................................................               1               1             100
213115..........................................................               1               0               0
238220..........................................................               1               1             100
238990..........................................................               1               1             100
423610..........................................................               1               0               0
444110..........................................................               1               1             100
484110..........................................................               1               1             100
485999..........................................................               1               0               0
488210..........................................................               1               1             100
531130..........................................................               1               1             100
561499..........................................................               1               1             100
562112..........................................................               1               1             100
813920..........................................................               1               1             100
999900..........................................................               1               1             100
Not available...................................................               5               5             100
                                                                 -----------------------------------------------
    Total.......................................................             100              83              83
----------------------------------------------------------------------------------------------------------------
Source: PHMSA Special Permits Database and Econometrica calculations.

4. A Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements of the Final Rule
    The RIA estimated the number of CTMVs to be 1,824, of which 1,540
were estimated to be MBTs and 284 were estimated to be ACTVs. PHMSA
assumes a uniform distribution of MBTs among small and large firms,
even though large firms operate a significant proportion of the MBTs in
service.\80\ Thus, small firms operate 1,278 MBTs (1,540 MBTs in
service * 83 percent small business entities) and 236 ACTVs (284 ACTVs
in service * 83 percent small business entities), giving a total of
1,514 CTMVs, as shown in the following Table 15:
---------------------------------------------------------------------------

    \80\ Based on data from the 2015 Federal Motor Carrier Safety
Administration Motor Carrier Management Information System Catalog,
8 firms have 100 or more CTMVs in their fleets, so a more complex
analysis would remove those 8 large firms and 800 CTMVs from the
calculations. Thus, the analysis presented in this Final Rule
Regulatory Flexibility Analysis may actually overstate the impact on
small businesses.

                        Table 15--Number and Types of Trucks Operated by Small Businesses
----------------------------------------------------------------------------------------------------------------
                                                                                Percentage        Trucks
                                                                                operated by     operated by
                          Type of truck                            Total trucks        small           small
                                                                                businesses      businesses
----------------------------------------------------------------------------------------------------------------
MBT.............................................................           1,540              83           1,278
ACTV............................................................             284              83             236
CTMV............................................................           1,824              83           1,514
----------------------------------------------------------------------------------------------------------------
Source: RIA and Econometrica calculations.

    A discussion of the impacts of the final rule on small businesses
is included below.
Costs to Small Businesses
    Costs associated with tire pressure checks. IME Standard 23
contains a requirement to check tire pressure before the initial trip
of the day. This would be part of a routine pre-trip inspection and is
not expected to add costs.
    Costs associated with fire extinguishers. IME Standard 23 requires
a minimum of two fire extinguishers rated 4-A:40B:C. IME estimates that
approximately 25 percent of the MBTs in service would need to acquire
and affix the fire extinguishers. Assuming these MBTs are distributed
uniformly across all firms, small businesses will need to acquire and
affix fire extinguishers to 320 MBTs (1,278 MBTs * 0.25 MBTs in service
would need to acquire and affix the fire extinguishers) at a total cost
of $348,800 [($250 for the fire extinguishers + $280 labor costs + $560
vehicle downtime) * 320 MBTs]. This is expected to be a one-time cost.
    Costs associated with working pressure limits. IME Standard 23
limits the maximum allowable working pressure of an MBT cargo tank to
35 pounds per square inch. IME estimates that at most 10 percent of the
MBTs would need a retrofit to meet this standard. Assuming these MBTs
are distributed uniformly across all firms, small businesses will need
to retrofit 128 MBTs (1,278 MBTs * 0.10 MBTs

would need a retrofit to meet this standard) at a total cost of
$384,000 ($3,000 for the retrofit * 128 MBTs). This is a one-time cost.
    Costs associated with periodic tests and inspections of non-DOT
specification cargo tanks. IME Standard 23 requires that non-DOT
specification cargo tanks be inspected essentially in the same way as
specification tanks. This requires competence training of inspectors
and physical inspections as described in Appendix B of IME Standard 23.
IME estimates that 25 percent of the MBTs with non-specification tanks
are not in compliance with IME Standard 23 in this regard. Assuming
these MBTs are distributed uniformly across all firms, small businesses
will need to conduct tests and inspections on 320 MBTs (1,278 MBTs *
0.25 MBTs with non-specification tanks are not in compliance with IME
Standard 23 in this regard) at an annual cost of $1,120,000 ($3,500 per
inspection and test * 320 MBTs). This is a recurring cost.
    Costs associated with the nameplate. IME Standard 23 requires that
a nameplate be affixed to the vehicle describing its design
characteristics. PHMSA assumes that all MBTs will need to affix a
nameplate. For small businesses, the total cost associated with the
nameplate is $159,750 ($125 per nameplate * 1,278 MBTs). This is a one-
time cost.
    Costs associated with accident investigations and driver training
after preventable accidents. IME Standard 23 requires companies to
provide PHMSA with an incident investigation report of all CTMV
crashes. This report may be an internal investigation because: (1) Some
companies are self-insured, and (2) some insurance companies will not
allow their reports to be released. An independent accident
investigation of a CTMV crash would be conducted only if PHMSA requests
it. IME estimates that under IME Standard 23 this would be necessary
once a year. An independent accident investigation of a MBT or ACTV
crash costs about $10,000. In addition, four incidents per year will
require driver training at the cost of $20,000 ($5,000 per training * 4
incidents). Assuming incidents over time are distributed uniformly
among all firms, small businesses will have an expected annual cost of
$24,900 per year [($10,000 for investigations + $20,000 for training) *
0.83 small entities].
    Costs summary. The total one-time cost borne by small businesses
associated with the final rule is $892,550; approximately $90,000 per
year over a 10-year period. The total recurring cost borne by small
businesses is expected to be $1,144,900 per year. The following Table
16 summarizes these costs.

                Table 16--Cost of Final Rule Requirements
------------------------------------------------------------------------
                Cost item                  One-time cost    Annual cost
------------------------------------------------------------------------
Fire Extinguishers......................        $348,800  ..............
Working Pressure Limit..................         384,000  ..............
Periodic Test and Inspections...........  ..............      $1,120,000
Nameplate...............................         159,750  ..............
Accident investigations and driver        ..............          24,900
 training...............................
                                         -------------------------------
    Total...............................         892,550       1,144,900
------------------------------------------------------------------------
Source: RIA and Econometrica calculations.

Benefits to Small Businesses
    Savings from applications. Incorporating IME Standard 23 into the
HMR will eliminate nine special permits and the costs associated with
preparing and submitting applications for these special permits.
Assuming the 97 special permit applications per year are distributed
uniformly among small and large firms, small businesses account for
approximately 81 (97 * 0.83 small entities) applications per year.
Thus, small businesses will save $66,825 (81 special permit
applications * $825 per special permit party-to or renewal application)
per year.
    Savings from tire pressure checks. The special permits require that
tires must be checked and the pressure of each tire recorded before
each departure onto or across a public road, which adds a cost of
$18,046,650 annually to operating requirements for the 1,824 CTMVs in
service, a cost not incurred by any other hazardous materials trucking
operation. Under the incorporation of IME Standard 23 into the HMR, the
mandate to check and record tire pressures before each on-road
departure would no longer apply. This will represent a cost saving of
$14,978,720 ($18,046,650 for operating requirements * 0.83 small
entities) per year to small businesses.
    Savings from caking remediation. The caking requirement in IME
Standard 23 will eliminate the cost of remediating caking in the bulk
packaging. Assuming the 7.5 caking incidents per year are distributed
uniformly among small and large firms, the caking requirement will
represent a cost savings of $74,700 ($12,000 to remediate caking * 7.5
caking incidents per year * 0.83 small entities) per year.
    Benefits summary. The total cost savings for small businesses
associated with the final rule are estimated at $15,120,245 ($66,825
savings from applications + $14,978,720 savings from tire pressure
checks + $74,700 savings from caking remediation) per year (see
following Table 17). The benefits far outweigh the costs.

          Table 17--Annual Benefits Associated With Final Rule
------------------------------------------------------------------------
                                                            Annual cost
                   Cost savings items                         savings
------------------------------------------------------------------------
Applications............................................         $66,825
Tire pressure checks....................................      14,978,720
Caking remediation......................................          74,700
                                                         ---------------
    Total...............................................      15,120,245
------------------------------------------------------------------------
Source: RIA and Econometrica calculations.

5. Steps Taken To Mitigate the Impact of the Rule on Affected Small
Entities
    PHMSA has not excluded small entities from any of the requirements
of the final rule. However, PHMSA has removed the FSS and emergency
shut-off/battery disconnect device requirements--included in the
proposed rule--from the final rule, which will mitigate many of the
cost impacts of the rule for small entities. Since costs are
distributed evenly across firms, but large firms have higher revenues
than small firms, the reduced costs would have a larger impact on
small-firm profitability than on large-firm profitability.

An Identification of All Federal Rules That May Duplicate, Overlap, or
Conflict With the Final Rule
    PHMSA is revising the HMR by amending the regulations to establish
standards for the safe transportation of bulk explosives. The final
rule has a detailed explanation of all the requirements. None of the
existing Federal rules duplicate, overlap, or conflict with the final
rule.
Conclusion
    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 that potential impacts of
draft rules on small entities are properly considered. In summary, the
final rule provides substantial benefits to small entities as
demonstrated above.

F. Paperwork Reduction Act

    PHMSA currently has an approved information collection under Office
of Management and Budget (OMB) Control Number 2137-0051, entitled
``Rulemaking, Special Permits, and Preemption Requirements.'' This
final rule may result in a decrease in the annual burden and costs
under OMB Control Number 2137-0051 due to adopting changes to
incorporate IME Standard 23 and certain provisions contained in certain
widely-used or longstanding special permits that have an established
safety record.
    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 and recordkeeping requests.
    This final rule identifies revised information collection requests
that PHMSA will submit to OMB for approval based on the requirements in
this final rule. PHMSA has developed burden estimates to reflect
changes in this final rule and estimates that the information
collection and recordkeeping burdens would be revised as follows:

    OMB Control No. 2137-0051:
    Net Decrease in Annual Number of Respondents: 100.
    Net Decrease in Annual Responses: 100.
    Net Decrease in Annual Burden Hours: 200.
    Net Decrease in Annual Burden Costs: $5,000.

    Requests for a copy of this information collection should be
directed to Steven Andrews or T. Glenn Foster, Office of Hazardous
Materials Standards (PHH-12), Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001,
Telephone<PHONE_NUMBER>.

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

H. Unfunded Mandates Reform Act of 1995

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

I. Environmental Assessment and Finding of No Significant Impact

    The National Environmental Policy Act, 42 U.S.C. 4321-4375,
requires that federal agencies consider the consequences of major
Federal actions and prepare a detailed statement on actions
significantly affecting the quality of the human environment. The
Council on Environmental Quality (CEQ) regulations require federal
agencies to conduct an environmental review considering: (1) The need
for the action; (2) alternatives to the action; (3) probable
environmental impacts of the action and alternatives; and (4) the
agencies and persons consulted during the consideration process [40 CFR
1508.9(b)].
1. Introduction
    PHMSA is amending the HMR by establishing standards for the safe
transportation of bulk explosives. This rulemaking specifically focuses
on reviewing the Institute of Makers of Explosives (IME)'s Safety
Library Publication 23 (IME Standard 23): Recommendations for the
Transportation of Explosives, Division 1.5, Ammonium Nitrate Emulsions,
Division 5.1, Combustible Liquids, Class 3, and Corrosives, Class 8 in
Bulk Packagings and nine special permits related to multipurpose bulk
trucks (MBTs) used to transport various explosives, oxidizers,
flammable liquids, and corrosive liquids on the same transport vehicle.
The objective of this rulemaking is to develop a set of standards
related to the safe transportation of these materials in MBTs that will
no longer require a special permit because the standard will be in the
HMR.
    Through this final rule PHMSA is incorporating IME Standard 23 and
establishing requirements of general applicability governing the
transportation of bulk explosive materials. In addition, PHMSA is
requiring compliance with Federal Motor Vehicle Safety Standard
(FMVSS).
2. Background
    This rulemaking is responsive to two petitions for rulemaking
submitted by industry representatives, P-1557 concerning the
elimination of the need to operate under special permits by
incorporating them into the HMR, and P-1583 concerning the
incorporation of an industry standard publication. Further, developing
these requirements would provide wider access to the regulatory
flexibility currently only offered by special permit and competent
authorities.
    This rulemaking specifically focuses on reviewing IME Standard 23:
Recommendations for the Transportation of Explosives, Division 1.5,
Ammonium Nitrate Emulsions, Division 5.1, Combustible Liquids, Class 3,
and Corrosives, Class 8 in Bulk Packagings and nine special permits
related to MBTs used to transport various explosives, oxidizers,
flammable liquids, and corrosive liquids on the same transport vehicle.
The objective of this rulemaking is to develop a set of standards
related to the safe transportation of these materials in MBTs that will
no longer require the need to apply for a special permit as the
standard will be in the HMR.
    This final rule is published under the authority of 49 U.S.C.
5103(b), which authorizes the Secretary to prescribe regulations for
the safe transportation, including security, of hazardous material in
intrastate, interstate, and foreign commerce. The 49 U.S.C. 5117(a)
authorizes the Secretary of Transportation to issue a special permit
from a regulation prescribed in 5103(b), 5104, 5110, or 5112 of the
Federal Hazardous Materials Transportation Law to a person
transporting, or causing to be transported, hazardous material in a way
that achieves a safety level at least

equal to the safety level required under the law, or consistent with
the public interest, if a required safety level does not exist. The
final rule amends the regulations by incorporating provisions from
certain widely used and longstanding special permits that have
established a history of safety and that may, therefore, be converted
into the regulations for general use.
3. Purpose and Need
    PHMSA amends the HMR to establish standards for the safe
transportation of bulk explosives. Developing such provisions of the
HMR is intended to provide wider access to the regulatory flexibility
that currently only is offered by way of obtaining a special permit.
For example, the adoption of a regulatory standard in the HMR would
eliminate the need for persons who hold a special permit to apply for
renewal in the future.
    In this final rule, PHMSA is revising the HMR by amending the
regulations to establish standards for the safe transportation of bulk
explosives. The following is a description of the action and the need
for the action.
a. Incorporation of IME Standard 23 Into the HMR
    Action: PHMSA incorporates IME Standard 23 and establishes
requirements of general applicability governing the transportation of
bulk explosive materials. As such, PHMSA revises the 49 CFR 171.7 table
of material incorporated by reference to include IME Standard 23, and
establish a new section for the bulk explosives requirements.
    Need: PHMSA has concluded that the incorporation of IME Standard 23
into the HMR will provide wider access to the regulatory flexibility
currently only offered by special permit and competent authorities.
PHMSA believes this will benefit the government and the industry, as it
will eliminate the need for firms to apply individually to transport
certain classes of bulk materials in MBTs, provide regulatory
flexibility and relief while maintaining an high level of safety,
promote safer transportation practices, facilitate commerce, reduce
paperwork burdens, and eliminate unnecessary regulatory requirements.
b. Federal Motor Vehicle Safety Standards for New Construction and
Modified Multipurpose Bulk Trucks
    Action: New or modified multipurpose bulk trucks constructed 120
days after the publication date of the final rule must be in compliance
with the FMVSS found in 49 CFR part 571, as applicable. Furthermore,
the multipurpose bulk truck manufacturer must maintain a certification
record ensuring the final manufacturing is in compliance with the
FMVSS, per the certification requirements found in 49 CFR part 567.
These certification records must be made available to DOT
representatives upon request.
    Need: This specifies that all new construction and modified MBTs
must conform to the FMVSS requirements.
4. Public Involvement
    This rulemaking is responsive to two petitions for rulemaking
submitted by industry representatives, P-1557 concerning the
elimination of the need to operate under special permits by
incorporating them into the HMR, and P-1583 concerning the
incorporation of an industry standard publication. Developing these
requirements would provide wider access to the regulatory flexibility
currently only offered by special permit and competent authorities.
5. Market Segments Affected and Requirements of the Final Rule
    This final rule incorporates elements of nine special permits that
authorize multipurpose bulk truck operations not specifically permitted
under the HMR. The amendments will eventually eliminate the need for
current grantees to reapply for renewal of special permits every four
years and for PHMSA to process those renewal applications. It will also
allow other operators to transport bulk explosives without a special
permit, provided that the operators conform to the requirements of this
rule, including those explicitly stated in IME Standard 23.
6. Alternatives Considered
    Alternative 1: No Action.
    This would not be the preferred alternative. Under this option,
PHMSA would continue existing requirements for special permits to
transport bulk explosives by taking no action. However, PHMSA believes
that there are considerable benefits (both environmental and economic)
to taking action provided that a high level of safety is maintained. If
no action is taken there will be no beneficial or adverse environmental
effects compared to the status quo. Finally, this alternative would not
impose any costs, but it would prevent the opportunity to realize any
efficiency benefits.
    Alternative 2: PHMSA Defers to Voluntary Standards.
    This would not be the preferred alternative. Under this option,
PHMSA will defer to voluntary standards developed through organizations
or trade associations. PHMSA will likely participate in standard-
setting to develop standards that meet safety criteria that are in the
interest of the United States. While compliance with voluntary
standards is thought to be high by industry participants, firms do not
have to comply with them, since they are voluntary. This creates some
concern since the non-adoption may mean that those firms may not comply
with minimum safety standards. A review of this alternative leads to a
possibility that important environmental safety measures would not be
implemented as completely as they would under alternative (5). For
example, the provisions: (1) Any non-DOT specification cargo tanks,
portable tanks, sift-proof closed vehicles and closed bulk bins must be
qualified, inspected, and maintained essentially the same as a DOT-
specification bulk container (as set out in Appendix B of IME Standard
23); and (2) inspectors conducting inspections of non-DOT non-
specification tanks must meet training qualifications outlined in
Appendix B, would not be implemented if this alternative (#2: PHMSA
Defers to Voluntary Standards) was selected. While there may be certain
beneficial environmental effects with this alternative, there are
certainly drawbacks too. Furthermore, this alternative does not ensure
the level of safety that alternative (5) would because firms may not
comply with a voluntary standard.
    Alternative 3: Incorporate Special Permits That Have a Good Safety
Record Into the HMR.
    This would not be the preferred alternative. Under this option,
PHMSA would incorporate seven of the nine special permits into the HMR.
These seven special permits have very good safety records. By
incorporating these special permits, PHMSA would need to work through
the Federal rulemaking process to modify the HMR in response to
technological enhancements and other matters relating to the
transportation of the bulk explosives covered under the seven special
permits. It may be more advantageous to incorporate standards developed
by industry than for PHMSA to develop its own standards and incorporate
them into the HMR. There may be beneficial environmental effects with
this alternative, but not to the extent of the final action because
this alternative is not as comprehensive.
    Alternative 4: Adopt Other National or International Standards.
    This would not be the preferred alternative. Under this option,
PHMSA

would adopt other national or international standards, such as those
used by Canada, Australia, or the United Nations. These other standards
do not conform well to existing U.S. law and to the nine special
permits. For example, the U.S. Bridge Law (USBL) provides known
standards for bridge construction, by, among other requirements,
placing restrictions on the overall size of MBTs in service in the
United States. Other standards do not conform to the USBL. Also, these
standards are implemented in ways that may not be possible within the
regulatory framework in the United States. This alternative will not
have beneficial environmental effects beyond the status quo.
Alternative 5: Incorporate IME Standard 23 Into the HMR With Additional
Features
    This option is the preferred alternative, because it would provide
regulatory flexibility without imposing burdensome costs. IME Standard
23 recommends standards for MBT straight trucks that typically
transport multiple hazardous materials in support of blasting
operations and articulated cargo tanks that carry a single bulk
blasting agent or oxidizer. Under this option, PHMSA would incorporate
IME Standard 23 into the HMR with additional features. This rulemaking
specifically adopts a combination of features, including incorporating
by reference (IBR) the Institute of Makers of Explosives' (IME) Safety
Library Publication No. 23 ``Recommendations for the Transportation of
Explosives, Division 1.5, Ammonium Nitrate Emulsions, Division 5.1,
Combustible Liquids, Class 3 and Corrosives, Class 8 in Bulk
Packaging'' (referred to as IME Standard 23), and complying with
certain NHTSA requirements. The requirements are more comprehensive and
have stricter standards than the nine special permits, and may
eliminate some duplicative functions covered by other industry
standards. While IME Standard 23 may need to be re-evaluated and
changed to keep pace with technological enhancements and other matters,
IME will perform this and publish the revised standards free of charge.
IME Standard 23 was developed with input of IME members, stakeholders,
and PHMSA. There are beneficial effects with the final action that are
superior to those achieved by the other alternatives, and these
environmental benefits (direct, indirect, and cumulative) are discussed
below.
7. Analysis of Environmental Impacts
    Routes used to transport bulk explosives traverse a variety of
environments--from highly populated urban sites to remote, unpopulated
rural areas. PHMSA manages the transportation of specific hazardous
materials, including bulk explosives, with special permits that must
achieve a level of safety at least equal to the level of safety
achieved when transported under the HMR.
    The physical environment potentially affected by the final rule
includes the airspace, water resources (e.g., oceans, streams, lakes),
cultural and historical resources (e.g., properties listed on the
National Register of Historic Places), biological and ecological
resources (e.g., coastal zones, wetlands, plant and animal species and
their habitat, forests, grasslands, offshore marine ecosystems), and
special ecological resources (e.g., threatened and endangered plant and
animal species and their habitat, national and state parklands,
biological reserves, Wild and Scenic Rivers) that exist directly
adjacent to and within the vicinity of roads and routes used in the
transportation of bulk explosives.
    The final rule incorporates IME Standard 23 into the HMR and
eliminates nine special permits. IME Standard 23 is more comprehensive
and has stricter standards than the nine special permits, and it may
eliminate some duplicative functions covered by other industry
standards.
    Direct Effects: The final rule will not increase and may decrease
the frequency or severity of motor carrier incidents involving bulk
explosives, as IME Standard 23 is more comprehensive and has stricter
standards than the existing special permits. PHMSA assessment suggests
that there are no adverse significant environmental impacts associated
with the final rule.
    Indirect Effects: The final rule will not increase and may decrease
the frequency or severity of motor carrier incidents involving bulk
explosive, and thus will not have an adverse indirect effect on the
environment. PHMSA assessment suggests that there are no adverse
significant environmental impacts associated with the final rule.
    Cumulative Effects: The final rule will not increase and may
decrease the frequency or severity of motor carrier incidents involving
bulk explosives, as IME Standard 23 is more comprehensive and has
stricter standards than the existing special permits. PHMSA assessment
suggests that there are no adverse significant environmental impacts
associated with the final rule.
8. Comments From Agencies and Public
    In considering the potential environmental impacts of the final
action, PHMSA does not anticipate that permitting the new alternative
would result in any significant impact on the human environment because
the process through which special permits for bulk explosives are
developed and certified has historically demonstrated an equivalent
level of safety of the HMR.
9. Conclusion
    Given that this rulemaking amends the HMR to permit an alternative
with equivalent and established safety records, these changes in
regulation have the potential to increase safety and environmental
protections. In the NPRM PHMSA solicited comments about potential
environmental impacts associated with this rulemaking from other
agencies, stakeholders, and citizens; and we did not receive anything
specific to these issues.

J. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

K. Executive Order 13609 and International Trade Analysis

    Under E.O. 13609, agencies must consider whether the impacts
associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
ability of American business to export and compete internationally. In
meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements.
    Similarly, the Trade Agreements Act of 1979 (Public Law 96-39), as
amended by the Uruguay Round Agreements Act (Public Law 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. 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 have
assessed the effects of the final rule to ensure that it does not cause
unnecessary obstacles to foreign trade. Accordingly, this rulemaking is
consistent with E.O. 13609 and PHMSA's obligations under the Trade
Agreement Act, as amended.

L. National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) directs federal agencies to use voluntary consensus
standards in their regulatory activities unless doing so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g. specification of
materials, test methods, or performance requirements) that are
developed or adopted by voluntary consensus standard bodies.
    This final rule involves one technical standard: IME Standard 23,
IME Safety Library Publication No. 23 (IME Standard 23), ``SLP 23:
Recommendations for the Transportation of Explosives Division 1.5,
Ammonium Nitrate Emulsions Division 5.1, Combustible Liquids Class 3,
and Corrosives Class 8 in Bulk Packagings,'' October 2011 version. This
consensus technical standard is listed in 49 CFR 171.7.

M. Executive Order 13211

    Executive Order 13211 requires Federal agencies to prepare a
Statement of Energy Effects for any ``significant energy action.'' 66
FR 28355, May 22, 2001. Under the Executive Order, a ``significant
energy action'' is defined as any action by an agency (normally
published in the Federal Register) that promulgates, or is expected to
lead to the promulgation of, a final rule or regulation (including a
notice of inquiry, advance NPRM, and NPRM) that (1)(i) is a significant
regulatory action under Executive Order 12866 or any successor order
and (ii) is likely to have a significant adverse effect on the supply,
distribution, or use of energy; or (2) is designated by the
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action.
    PHMSA has evaluated this action in accordance with Executive Order
13211. See the environmental assessment section for a more thorough
discussion of environmental impacts and the supply, distribution, or
use of energy. PHMSA has determined that this action will not have a
significant adverse effect on the supply, distribution, or use of
energy. Consequently, PHMSA has determined that this regulatory action
is not a ``significant energy action'' within the meaning of Executive
Order 13211.

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements, Definitions and abbreviations.

49 CFR Part 172

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

49 CFR Part 173

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

49 CFR Part 177

    Hazardous materials transportation, Incorporation by reference.

The Final Rule

    In consideration of the foregoing, we are amending title 49 CFR
chapter I, subchapter C, 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; Pub. L. 101-410 section 4
(28 U.S.C. 2461 note); Pub. L. 104-134, section 31001; 49 CFR 1.81
and 1.97.

0
2. In Sec.  171.7, paragraph (r)(2) is added to read as follows:

Sec.  171.7  Reference material.

* * * * *
    (r) * * *
    (2) IME Standard 23, IME Safety Library Publication No. 23 (IME
Standard 23), Recommendations for the Transportation of Explosives,
Division 1.5, Ammonium Nitrate Emulsions, Division 5.1, Combustible
Liquids, Class 3, and Corrosives, Class 8 in Bulk Packaging, October
2011, into Sec. Sec.  173.66(intro); 177.835(d).
* * * * *

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

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

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

0
4. In Sec.  172.101, the Hazardous Materials Table is amended by
revising the following entries to read as follows:

Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *

                                                                                Sec.   172.101--Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                      Hazardous                                                                                (8) Packaging (Sec.   173.* * *)            (9) Quantity limitations           (10) Vessel stowage
                      materials                                                                             Special      ---------------------------------------------------------------------------------------------------------------
     Symbols       descriptions and   Hazard class    Identification         PG          Label codes    provisions (Sec.
                   proper  shipping   or  division         Nos.                                             172.102)        Exceptions       Non-bulk          Bulk          Passenger    Cargo aircraft     Location          Other
                        names                                                                                aircraft/rail       only
(1)               (2)..............  (3)...........  (4).............  (5)...........  (6)...........  (7)..............  (8A)..........  (8B)..........  (8C)..........  (9A)..........  (9B)..........  (10A).........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                                * * * * * * *
                  Acetic acid        8.............  UN2790..........  II............  8.............  148, A3, A6, A7,   154...........  202...........  242...........  1 L...........  30 L..........  A               ..............
                   solution, not                                                                        A10, B2, IB2,
                   less than 50                                                                         T7, TP2.
                   percent but not
                   more than 80
                   percent acid, by
                   mass.
                  Acetic acid        8.............  UN2790..........  III...........  8.............  148, IB3, T4, TP1  154...........  203...........  242...........  5 L...........  60 L..........  A               ..............
                   solution, with
                   more than 10
                   percent and less
                   than 50 percent
                   acid, by mass.

                                                                                * * * * * * *
                  Ammonium nitrate   5.1...........  UN2067..........  III...........  5.1...........  52, 148, 150,      152...........  213...........  240...........  25 kg.........  100 kg........  B.............  25, 59, 60,
                   based fertilizer.                                                                    B120, IB8, IP3,                                                                                66, 117, 124*
                                                                                T1, TP33.
                  Ammonium nitrate   5.1...........  UN3375..........  II............  5.1...........  147, 148, 163,     None..........  231...........  251...........  Forbidden.....  Forbidden.....  D.............  25, 59, 60,
                   emulsion or                                                                          IB2, IP16.                                                                                66, 124
                   Ammonium nitrate
                   suspension or
                   Ammonium nitrate
                   gel,
                   intermediate for
                   blasting
                   explosives.
D...............  Ammonium nitrate-  1.5D..........  NA0331..........  II............  1.5D..........  148..............  None..........  62............  None..........  Forbidden.....  Forbidden.....  03............  25, 19E
                   fuel oil mixture
                   containing only
                   prilled ammonium
                   nitrate and fuel
                   oil.
                  Ammonium nitrate,  5.1...........  UN2426..........  ..............  5.1...........  148, B5, T7......  None..........  None..........  243...........  Forbidden.....  Forbidden.....  D.............  59, 60, 124
                   liquid (hot
                   concentrated
                   solution).

                                                                                * * * * * * *
                  Ammonium nitrate,  5.1...........  UN1942..........  III...........  5.1...........  148, A1, A29,      152...........  213...........  240...........  25 kg.........  100 kg........  A.............  25, 59, 60,
                   with not more                                                                        B120, IB8, IP3,                                                                                66, 116, 124
                   than 0.2%                                                                            T1, TP33.
                   combustible
                   substances,
                   including any
                   organic
                   substance
                   calculated as
                   carbon, to the
                   exclusion of any
                   other added
                   substance.

                                                                                * * * * * * *
G...............  Articles,          1.4S..........  UN0349..........  II............  1.4S..........  101, 148, 382....  None..........  62............  None..........  25 kg.........  100 kg........  01............  25
                   explosive, n.o.s.

                                                                                * * * * * * *
                  Boosters, without  1.1D..........  UN0042..........  II............  1.1D..........  148..............  None..........  62............  None..........  Forbidden.....  Forbidden.....  04............  25
                   detonator.

                                                                                * * * * * * *
D G.............  Combustible        Comb liq......  NA1993..........  III...........  None..........  148, IB3, T1, T4,  150...........  203...........  241...........  60 L..........  220 L.........  A               ..............
                   liquid, n.o.s..                                                                      TP1.

                                                                                * * * * * * *
                  Cord, detonating,  1.1D..........  UN0065..........  II............  1.1D..........  102, 148.........  63(a).........  62............  None..........  Forbidden.....  Forbidden.....  04............  25
                   flexible.
                  Cord, detonating,  1.4D..........  UN0289..........  II............  1.4D..........  148..............  None..........  62............  None..........  Forbidden.....  75 kg.........  02............  25
                   flexible.

                                                                                * * * * * * *
G...............  Corrosive liquid,  8.............  UN3265..........  I.............  8.............  A6, B10, T14,      None..........  201...........  243...........  0.5 L.........  2.5 L.........  B.............  40
                   acidic, organic,                                                                     TP2, TP27.
                   n.o.s.
                  .................  ..............  ................  II............  8.............  148, B2, IB2,      154...........  202...........  242...........  1 L...........  30 L..........  B.............  40
                                                                                T11, TP2, TP27.
                  .................  ..............  ................  III...........  8.............  IB3, T7, TP1,      154...........  203...........  241...........  5 L...........  60 L..........  A.............  40
                                                                                TP28.

                                                                                * * * * * * *
                  Detonator          1.4B..........  UN0361..........  II............  1.4B..........  103, 148.........  63(f), 63(g)..  62............  None..........  Forbidden.....  75 kg.........  05............  25
                   assemblies, non-
                   electric, for
                   blasting.
                  Detonator          1.4S..........  UN0500..........  II............  1.4S..........  148, 347.........  63(f), 63(g)..  62............  None..........  25 kg.........  100 kg........  01............  25
                   assemblies, non-
                   electric, for
                   blasting.
                  Detonators,        1.1B..........  UN0030..........  II............  1.1B..........  148..............  63(f), 63(g)..  62............  None..........  Forbidden.....  Forbidden.....  05............  25
                   electric, for
                   blasting.
                  Detonators,        1.4B..........  UN0255..........  II............  1.4B..........  103, 148.........  63(f), 63(g)..  62............  None..........  Forbidden.....  75 kg.........  05............  25
                   electric, for
                   blasting.
                  Detonators,        1.4S..........  UN0456..........  II............  1.4S..........  148, 347.........  63(f), 63(g)..  62............  None..........  25 kg.........  100 kg........  01............  25
                   electric, for
                   blasting.

                                                                                * * * * * * *
                  Detonators, non-   1.4S..........  UN0455..........  II............  1.4S..........  148, 347.........  63(f), 63(g)..  62............  None..........  25 kg.........  100 kg........  01............  25
                   electric, for
                   blasting.

                                                                                * * * * * * *
                  Explosive,         1.1D..........  UN0081..........  II............  1.1D..........  148..............  None..........  62............  None..........  Forbidden.....  Forbidden.....  04............  25, 19E, 21E
                   blasting, type A.

                                                                                * * * * * * *
                  Explosive,         1.5D..........  UN0331..........  II............  1.5D..........  105, 106, 148....  None..........  62............  None..........  Forbidden.....  Forbidden.....  03............  25, 19E
                   blasting, type B
                   or Agent
                   blasting, Type B.

                                                                                * * * * * * *
                  Explosive,         1.1D..........  UN0241..........  II............  1.1D..........  148..............  None..........  62............  None..........  Forbidden.....  Forbidden.....  04............  25, 19E
                   blasting, type E.
                  Explosive,         1.5D..........  UN0332..........  II............  1.5D..........  105, 106, 148....  None..........  62............  None..........  Forbidden.....  Forbidden.....  03............  25, 19E
                   blasting, type E
                   or Agent
                   blasting, Type E.

                                                                                * * * * * * *
                  Hypochlorite       8.............  UN1791..........  II............  8.............  148, A7, B2, B15,  154...........  202...........  242...........  1 L...........  30 L..........  B.............  26
                   solutions.                                                                           IB2, IP5, N34,
                                                                                T7, TP2, TP24.
                  .................  ..............  ................  III...........  8.............  IB3, N34, T4,      154...........  203...........  241...........  5 L...........  60 L..........  B.............  26
                                                                                TP2, TP24.

                                                                                * * * * * * *
G...............  Nitrites,          5.1...........  UN3219..........  II............  5.1...........  148, IB1, T4, TP1  152...........  202...........  242...........  1 L...........  5 L...........  B.............  46, 56, 58,
                   inorganic,                                                                                133
                   aqueous
                   solution, n.o.s.
                  .................  ..............  ................  III...........  5.1...........  IB2, T4, TP1.....  152...........  203...........  241...........  2.5 L.........  30 L..........  B.............  46, 56, 58,
                                                                                133

                                                                                * * * * * * *
G...............  Oxidizing liquid,  5.1...........  UN3139..........  I.............  5.1...........  62, 127, A2, A6..  None..........  201...........  243...........  Forbidden.....  2.5 L.........  D.............  56, 58, 138
                   n.o.s.
                  .................  ..............  ................  II............  5.1...........  62, 127, 148, A2,  152...........  202...........  242...........  1 L...........  5 L...........  B.............  56, 58, 138
                                                                                IB2.
                  .................  ..............  ................  III...........  5.1...........  62, 127, 148, A2,  152...........  203...........  241...........  2.5 L.........  30 L..........  B.............  56, 58, 138
                                                                                IB2.

                                                                                * * * * * * *
G...............  Oxidizing solid,   5.1...........  UN1479..........  I.............  5.1...........  62, IB5, IP1.....  None..........  211...........  242...........  1 kg..........  15 kg.........  D.............  56, 58, 106,
                   n.o.s..                                                                                138
                  .................  ..............  ................  II............  5.1...........  62, IB8, IP2,      152...........  212...........  240...........  5 kg..........  25 kg.........  B.............  56, 58, 106,
                                                                                IP4, T3, TP33.                                                                                138
                  .................  ..............  ................  III...........  5.1...........  62, 148, IB8,      152...........  213...........  240...........  25 kg.........  100 kg........  B.............  56, 58, 106,
                                                                                IP3, T1, TP33.                                                                                138

                                                                                * * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

0
5. In Sec.  172.102(c)(1), special provision 148 is added to read as
follows:

Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *
    148. For domestic transportation, this entry directs to Sec.
173.66 for:
    a. The standards for transporting a single bulk hazardous material
for blasting by cargo tank motor vehicles (CTMV); and
    b. The standards for CTMVs capable of transporting multiple
hazardous materials for blasting in bulk and non-bulk packagings (i.e.,
a multipurpose bulk truck (MBT)).
* * * * *

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

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

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

0
7. In Subpart C, Sec.  173.66 is added to read as follows:

Sec.  173.66  Requirements for Bulk Packagings of Certain Explosives
and Oxidizers.

    When Sec.  172.101 of this subchapter specifies that a hazardous
material may be transported in accordance with this section (per
special provision 148 in Sec.  172.102(c)(1)), only the bulk packagings
specified for these materials in IME Standard 23 (IBR, see Sec.  171.7
of this subchapter) are authorized, subject to the requirements of
subparts A and B of this part and the special provisions in Column 7 of
the Sec.  172.101 table. See Section I of IME Standard 23 for the
standards for transporting a single bulk hazardous material for
blasting by cargo tank motor vehicles (CTMV), and Section II of IME
Standard 23 for the standards for CTMVs capable of transporting
multiple hazardous materials for blasting in bulk and non-bulk
packagings (i.e., a multipurpose bulk truck (MBT) authorized to
transport the Class 1 (explosive) materials, Division 5.1 (oxidizing)
materials, Class 8 (corrosive) materials, and Combustible Liquid,
n.o.s., NA1993, III, as specified in IME Standard 23 (also see Sec.
177.835(d) of this subchapter)). In addition, the requirements in
paragraph (a) of this section apply to: A new multipurpose bulk truck
constructed after April 19, 2016; and a modified existing multipurpose
bulk truck after April 19, 2016 (see Sec.  173.66(b) regarding the term
modified).
    (a) Federal Motor Vehicle Safety Standard (FMVSS). Multipurpose
bulk trucks must be in compliance with the FMVSS found in 49 CFR part
571, as applicable. Furthermore, the multipurpose bulk truck
manufacturer must maintain a certification record ensuring the final
manufacturing is in compliance with the FMVSS, in accordance with the
certification requirements found in 49 CFR part 567. These
certification records must be made available to DOT representatives
upon request.
    (b) Modified. The term modified means any change to the original
design and construction of a multipurpose bulk truck (MBT) that affects
its structural integrity or lading retention capability, (e.g.
rechassising, etc.). Excluded from this category are the following:
    (1) A change to the MBT equipment such as lights, truck or tractor
power train components, steering and brake systems, and suspension
parts, and changes to appurtenances, such as fender attachments,
lighting brackets, ladder brackets; and
    (2) Replacement of components such as valves, vents, and fittings
with a component of a similar design and of the same size.

PART 177--CARRIAGE BY PUBLIC HIGHWAY

0
8. The authority citation for part 177 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; sec. 112 of Pub. L. 103-311, 108
Stat. 1673, 1676 (1994); sec. 32509 of Pub. L. 112-141, 126 Stat.
405, 805 (2012); 49 CFR 1.81 and 1.97.

0
9. In Sec.  177.835, paragraph (a) is revised and paragraph (d) is
added to read as follows:

Sec.  177.835  Class 1 materials.

* * * * *
    (a) Engine stopped. No Class 1 (explosive) materials may be loaded
into or on or be unloaded from any motor vehicle with the engine
running, except that the engine of a multipurpose bulk truck (see
paragraph (d) of this section) and the engine of a cargo tank motor
vehicle transporting a single bulk hazardous material for blasting may
be used for the operation of the pumping equipment of the vehicle
during loading or unloading.
* * * * *
    (d) Multipurpose bulk trucks. When Sec.  172.101 of this subchapter
specifies that Class 1 (explosive) materials may be transported in
accordance with Sec.  173.66 of this subchapter (per special provision
148 in Sec.  172.102(c)(1)), these materials may be transported on the
same vehicle with Division 5.1 (oxidizing) materials, or Class 8
(corrosive) materials, and/or Combustible Liquid, n.o.s., NA1993 only
under the conditions and requirements set forth in IME Standard 23
(IBR, see Sec.  171.7 of this subchapter) and paragraph (g) of this
section. In addition, the segregation requirements in Sec.  177.848 do
not apply.
* * * * *

    Issued in Washington, DC, on December 14, 2015, under the
authority delegated in 49 CFR 1.97.
Marie Therese Dominguez,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2015-31880 Filed 12-18-15; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Proposed Rules]
[Page 6813]
[FR Doc No: 2016-02589]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 7 and 9

[EPA-HQ-OA-2013-0031; FRL-9941-58-OA]
RIN 2090-AA39

Nondiscrimination in Programs or Activities Receiving Federal
Assistance From the Environmental Protection Agency; Comment Extension

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

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

SUMMARY: The Environmental Protection Agency (EPA) is extending the
comment period for the proposed rule titled ``Nondiscrimination in
Programs or Activities Receiving Federal Assistance from the
Environmental Protection Agency'' that was published in the Federal
Register on December 14, 2015. This action extends the deadline for
submitting written comments on the proposed rule. This extension
provides an additional 30 days for the public to provide written
comments.

DATES: Comments, identified by docket identification (ID) number EPA-
HQ-OA-2013-0031, must be received on or before March 12, 2016.

ADDRESSES: Written comments may be submitted online through Docket ID
No. EPA-HQ-OA-2013-0031, to the Federal eRulemaking Portal: http://www.regulations.gov or mailed to U.S. Environmental Protection Agency,
Office of Civil Rights, (Mail Code 1201A), 1200 Pennsylvania Ave. NW.,
Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Jeryl Covington or Lilian Dorka, U.S.
Environmental Protection Agency, Office of Civil Rights, (Mail Code
1201A), 1200 Pennsylvania Ave. NW., Washington, DC. 20460, telephone
(202) 564-7272 or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This document extends the public comment
period for the proposed Nondiscrimination in Programs or Activities
Receiving Federal Assistance from the EPA (80 FR 77284, December 14,
2015) in order to ensure that the public has sufficient time to review
and comment on the proposal. That proposal provided for a public
comment period ending February 12, 2016.
    The EPA received several requests from the public to extend this
comment period and this notice is the Agency's response to those
persons who requested an extension of the comment period. In addition,
EPA is providing notice that additional support documents are available
for public inspection in the rulemaking docket. Finally, in response to
significant public interest in the proposed rule, the Agency will
conduct one additional public session in Washington, DC. Additional
information on this announcement is located at www.epa.gov/ocr.

    Dated: February 1, 2016.
Velveta Golightly-Howell,
 Director, Office of Civil Rights.
[FR Doc. 2016-02589 Filed 2-8-16; 8:45 am]
 BILLING CODE 6560-50-P