Rule2026-19741
Hazardous Materials: Incorporation of ASME Code Section XII and the National Board Inspection Code
Primary source
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Published
September 28, 2026
Effective
October 28, 2026
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
PHMSA is amending the Hazardous Materials Regulations (HMR) to incorporate by reference and authorize the use of the 2015 edition of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code, Section XII--Rules for Construction and Continued Service of Transport Tanks for the construction and continued service of certain specification cargo tank motor vehicles (CTMVs), cryogenic portable tanks, and multi-unit tank car tanks. PHMSA is also amending the HMR to incorporate by reference and authorize the use of the 2015 edition of the National Board of Boiler and Pressure Vessel Inspectors National Board Inspection Code, Parts 2 and 3 (including Supplement 6) as it applies to the continued service of transport packagings constructed to ASME Section XII standards, as well as for existing CTMVs constructed in accordance with ASME requirements and the HMR. PHMSA finds these updates will result in cost savings and increased regulatory flexibility without compromising safety.
Full Text
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<title>Federal Register, Volume 91 Issue 186 (Monday, September 28, 2026)</title>
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[Federal Register Volume 91, Number 186 (Monday, September 28, 2026)]
[Rules and Regulations]
[Pages 61144-61159]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19741]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, 173, 178, 179, and 180
[Docket No. PHMSA-2010-0019 (HM-241)]
RIN 2137-AE58
Hazardous Materials: Incorporation of ASME Code Section XII and
the National Board Inspection Code
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: PHMSA is amending the Hazardous Materials Regulations (HMR) to
incorporate by reference and authorize the use of the 2015 edition of
the American Society of Mechanical Engineers (ASME) Boiler and Pressure
Vessel Code, Section XII--Rules for Construction and Continued Service
of Transport Tanks for the construction and continued service of
certain specification cargo tank motor vehicles (CTMVs), cryogenic
portable tanks, and multi-unit tank car tanks. PHMSA is also amending
the HMR to incorporate by reference and authorize the use of the 2015
edition of the National Board of Boiler and Pressure Vessel Inspectors
National Board Inspection Code, Parts 2 and 3 (including Supplement 6)
as it applies to the continued service of transport packagings
constructed to ASME Section XII standards, as well as for existing
CTMVs constructed in accordance with ASME requirements and the HMR.
PHMSA finds these updates will result in cost savings and increased
regulatory flexibility without compromising safety.
DATES:
Effective date: October 28, 2026.
Voluntary compliance date: September 28, 2026.
Incorporation by reference date: The incorporation by reference of
the publications listed in this rule is approved by the Director of the
Federal Register as of October 28, 2026.
FOR FURTHER INFORMATION CONTACT: Arthur Pollack, Standards and
Rulemaking Division, at 202-366-8553, or Kin Wai Alex Cheng,
Engineering and Research Division, at 202-366-4545, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, East Building, 2nd Floor,
Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Incorporation by Reference Discussion Under 1 CFR Part 51
III. Rulemaking Background
A. Petitions for Rulemaking
B. ANPRM and NPRM
C. SNPRM
D. DOT's 2017 Notification of Regulatory Review Comments
E. NTSB Recommendations
IV. Response to SNPRM Comments
A. Benefits of Section XII
B. Registration, Inspection, and Training
C. Impact on Portable Tank Market
D. Public Input to Future Versions of Section XII and the NBIC
E. Implementation
1. Section XII and the HMR
2. Use of the 1992 NBIC
3. Certification Stamp(s)
4. Market Conditions
V. Section-by-Section Review
A. Part 107
B. Part 171
C. Part 173
D. Part 178
E. Part 179
F. Part 180
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority
B. Executive Order 12866; Regulatory Planning and Review
C. Executive Orders 14192 and 14219
D. Energy-Related Executive Orders 13211, 14154, and 14156
E. Executive Order 13132
F. Executive Order 13175
G. Regulatory Flexibility Act, Executive Order 13272
H. Paperwork Reduction Act
I. Unfunded Mandates Reform Act of 1995
J. National Environmental Policy Act
K. Privacy Act
L. Executive Order 13609 and International Trade Analysis
M. National Technology Transfer and Advancement Act
N. Cybersecurity and Executive Order 14028
O. Severability
I. Executive Summary
The Pipeline and Hazardous Materials Safety Administration (PHMSA)
is updating the Hazardous Materials Regulations (HMR; 49 CFR parts 171-
180) to incorporate by reference and authorize the use of the following
industry standards for the construction and continued service of
transport tanks, subject to certain conditions, limitations, and
exceptions:
<bullet> The 2015 edition of the American Society of Mechanical
Engineers (ASME) Boiler and Pressure Vessel Code (BPVC), Section XII--
Rules for Construction and Continued Service of Transport Tanks
(hereinafter referred to as ``Section XII''); and
<bullet> The 2015 edition of the National Board of Boiler and
Pressure Vessel Inspectors (National Board) National
[[Page 61145]]
Board Inspection Code (NBIC), Parts 2 and 3, including Supplement 6
(hereinafter referred to as ``NBIC'').
This action finalizes efforts initiated by the Research and Special
Programs Administration (RSPA)--PHMSA's predecessor agency--to develop
construction and continued service standards specifically for transport
tanks (e.g., cargo tank motor vehicles (CTMVs), cryogenic portable
tanks, and multi-unit tank car tanks (hereinafter referred to as ton
tanks)). This final rule is deregulatory. The amendments impose no new
costs on the regulated community and introduce potential cost savings
through increased regulatory flexibility. By providing more options
when manufacturing bulk transport tanks, PHMSA is creating
opportunities for cost savings, innovation, and economic development.
PHMSA estimates the annualized quantified net cost savings of this
rulemaking for the regulated community--using a seven percent discount
rate--are approximately $8.1 million per year.
This final rule also advances the goals articulated in Executive
Order (E.O.) 14192 (Unleashing Prosperity Through Deregulation) by
addressing three longstanding petitions for rulemaking from industry
stakeholders (P-1459, P-1474, and P-1502).\1\ These petitions support
the incorporation by reference of more modern editions of the ASME and
NBIC standards. This final rule also addresses two National
Transportation Safety Board (NTSB) recommendations.\2\ In the interest
of maximizing regulatory flexibility, this final rule permits the use
of ASME Section XII as an alternative to ASME Section VIII, Division 1,
2017 Edition--currently incorporated by reference (hereinafter referred
to as ``Section VIII, Division 1'')--rather than mandating the use of
Section XII as the sole standard for the construction of transport
tanks.\3\ Section VIII, Division 1 will remain a permitted construction
standard to be used in conjunction with the HMR requirements in Part
178 for the construction of CTMVs and cryogenic portable tanks, and the
requirements in Part 179 for the construction of ton tanks. This final
rule also provides additional flexibility by permitting the use of the
2015 edition of NBIC for Section VIII, Division 1 tanks as an
alternative to the 1992 NBIC and the continued service requirements in
Part 180.\4\
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\1\ 90 FR 9065 (Feb. 6, 2025); and American Society of
Mechanical Engineers, P-1459, Docket ID PHMSA-2005-21351, (May 10,
2005), Pressure Vessel Manufacturers Association, P-1474, Docket ID
PHMSA-2006-24712, (Feb. 27, 2006), and National Board of Boiler and
Pressure Vessel Inspectors; P-1502, Docket ID PHMSA-2007-28809,
(Jul. 12, 2007).
\2\ For additional information regarding the two NTSB
recommendations H-11-5 and H-11-6, see Section ``III.E. NTSB
Recommendations''.
\3\ ``Construction'' is an all-inclusive term comprising of
materials, design, fabrication, examination, inspection, testing,
certification, and over-pressure protection.
\4\ ``Continued service'' is an all-inclusive term referring to
inspection, testing, repair, alteration, and recertification of a
transport tank that has been in service.
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Table 1 lists the specification packagings for the various
transport tanks for which Section XII may be used for construction.
Specifically:
Table 1--Authorized Transport Tanks Under Section XII
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Tank type Specification
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CTMV...................................... MC 331 and 338, and DOT 406,
407, and 412.
Cryogenic Portable Tank................... UN T75.
Ton Tank.................................. DOT 106A and 110AW.
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The HMR specify requirements for the design, construction,
qualification, maintenance, and repair of packagings used to transport
hazardous materials in commerce, such as cargo tanks, portable tanks,
and ton tanks. In addition to the general design and construction
requirements specified in the HMR, PHMSA incorporates by reference ASME
Section VIII, Division 1, which provides supplemental design and
construction criteria. Section VIII, Division 1 sets forth detailed
criteria for the design, construction, certification, and marking
specifically intended for stationary boilers and pressure vessels. Due
to the limitations associated with applying design and construction
standards intended for stationary pressure vessels to transport tanks,
Section VIII, Division 1 must be used in conjunction with the HMR to
provide additional transportation-specific safety assurances.
In 1995, RSPA asked the ASME Board on Pressure Technology Codes and
Standards to develop new standards specifically to address transport
tanks. In 2004, ASME published the ASME BPVC Section XII, Rules for
Construction and Continued Service of Transport Tanks, which is based
on Section VIII, Division 1 of the BPVC. Like Section VIII, Division 1,
Section XII sets forth standards for construction but also includes
standards for the continued service of transport tanks. With this
rulemaking, manufacturers will have the option to either build the
specification tanks listed in Table 1 to Section XII standards or
continue using Section VIII, Division 1.
This rulemaking also incorporates an updated version of the NBIC.
The NBIC provides standards for the installation, inspection, and
repair or alteration of boilers, pressure vessels, and pressure relief
devices. The NBIC provides rules and guidelines for continued service
inspections, repairs, and modifications of transport tanks as well,
including methods to be used and the criteria for inspections, reports,
document control, and inspector duties and responsibilities.\5\ The
NBIC was revised in conjunction with Section XII to provide updated
standards for the qualification and continued service of transport
tanks. Certain transport vessels built to Section VIII, Division 1
standards are currently required to follow the 1992 edition of the
NBIC, which is incorporated by reference, in addition to the continued
service requirements found in part 180.\6\ But pressure vessels built
to Section XII will only be permitted to follow the 2015 NBIC for
continued service. Current HMR provisions for the continued use of
pressure vessels built to Section VIII, Division 1 standards precede
the development of Section XII and do not account for the divergent
comparative elements between the two standards.
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\5\ Supplement 6 provides detailed inspection requirements for
transport tanks and is intended to be used consistent with Section
XII.
\6\ Continued service regarding repairs of MC 330 and 331
CTMVs--see 49 CFR 180.413(b).
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Table 2 describes the framework available to manufacturers and
owners of transport tanks regarding portions of Section XII and NBIC
that are incorporated by reference in this rulemaking.
Table 2--Framework for Continued Service
------------------------------------------------------------------------
Is built to . . .
If a . . . . . Then,
------------------------------------------------------------------------
Cargo Tank Motor Vehicle...... Section XII...... The 2015 NBIC and
Supplement 6 must be
used.
[[Page 61146]]
Cargo Tank Motor Vehicle...... Section VIII, Part 180 of the HMR
Division 1. must be used along
with the 2015 NBIC
or the 1992 NBIC--
previously
incorporated by
reference in the
HMR--as applicable.
Cryogenic Portable Tank....... Section XII...... The 2015 NBIC and
Supplement 6 must be
used.
Cryogenic Portable Tank....... Section VIII, Part 180 of the HMR,
Division 1. or, alternatively,
the 2015 NBIC.
Ton Tank...................... Section XII...... The 2015 NBIC and
Supplement 6 must be
used.
Ton Tank...................... Part 179 and AAR Part 180 and AAR
approval. approval for tank
car facility quality
assurance program
must be used.
------------------------------------------------------------------------
Permissive use of the 2015 ASME Section XII will maintain the HMR's
high safety standard. PHMSA expects safety benefits to be derived from
improved compliance and alternative construction standards related to a
regulatory standard developed specifically for transport tanks.
Manufacturers who choose to continue using Section VIII, Division I
will be required to maintain the same high safety standards already in
place.
II. Incorporation by Reference Discussion Under 1 CFR part 51
PHMSA currently incorporates by reference into the HMR all or parts
of several standards and specifications developed and published by
standards development organizations (SDO). The National Technology
Transfer and Advancement Act (NTTAA) of 1995 (Pub. L. 104-113) directs
Federal agencies to use standards developed by voluntary consensus
standards bodies in lieu of government-written standards whenever
possible. Voluntary consensus standards bodies develop, establish, or
coordinate technical standards using agreed-upon procedures.
Consistent with the NTTAA, Office of Management and Budget (OMB)
Circular A-119, Federal Participation in the Development and Use of
Voluntary Consensus Standards and in Conformity Assessment Activities,
requires government agencies to use voluntary consensus standards
wherever practical in the development of regulations.\7\ This OMB
circular provides guidance for agencies participating in voluntary
consensus standards bodies and describes procedures for satisfying the
reporting requirements in the NTTAA.
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\7\ 81 FR 4673 (Jan. 27, 2016).
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Under the NTTAA and Circular A-119, PHMSA is responsible for
determining which currently referenced standards should be updated,
revised, or removed, and which standards should be added to the HMR.
Revisions to materials incorporated by reference in the HMR are handled
via the rulemaking process, which allows the public and regulated
entities to provide input. During the rulemaking process, PHMSA must
also obtain approval from the Office of the Federal Register to
incorporate by reference any new materials.
ASME Boiler and Pressure Vessel Code, Section XII--Rules for
Construction and Continued Service of Transport Tanks (2015) and the
National Board of Boiler and Pressure Vessel Inspectors National Board
Inspection Code, Parts 2 and 3, and Supplement 6 to Parts 2 and 3
(2015) are available for purchase directly from ASME and the National
Board at <a href="https://www.asme.org/shop/standards#des=BPVC">https://www.asme.org/shop/standards#des=BPVC</a> and by request
via email to <a href="/cdn-cgi/l/email-protection#a0cfd2c4c5d2d3e0cec1d4c9cfcec1ccc2cfc1d2c48ecfd2c7"><span class="__cf_email__" data-cfemail="2c435e48495e5f6c424d584543424d404e434d5e4802435e4b">[email protected]</span></a>, respectively. The standards are
summarized in Section I. Executive Summary and are discussed in greater
detail in Section VII: Section-by-Section Review.
III. Rulemaking Background
A. Petitions for Rulemaking
After receiving three petitions for rulemaking from industry
stakeholders concerning the incorporation of certain consensus industry
standards into the HMR (P-1459, P-1474, and P-1502), PHMSA initiated an
advanced notice of proposed rulemaking (ANPRM) followed by a notice of
proposed rulemaking (NPRM). The ANPRM and NPRM both received
predominantly negative feedback from stakeholders. PHMSA made
adjustments to the proposal and issued a supplemental notice of
proposed rulemaking (SNPRM). The SNPRM received much more positive
reception from stakeholders, prompting PHMSA to issue this final rule.
B. ANPRM and NPRM
On December 23, 2010, PHMSA published an ANPRM that posed several
questions pertaining to the potential costs, burdens, or safety
concerns regarding the incorporation by reference of the 2011 edition
of Section XII and the NBIC for the construction and continued service
of CTMVs, cryogenic portable tanks, and ton tanks.\8\ The ANPRM
generated 40 sets of comments from stakeholders, most of which opposed
incorporating the referenced standards into the HMR. That opposition
was based primarily on the presumption by commenters that PHMSA
intended to replace Section VIII, Division 1 with Section XII, rather
than to provide the option of using either standard. The commenters
were familiar with the manufacturing and continued service requirements
under the HMR (i.e., the status quo) and expressed concern that Section
XII would present complicated changes in the way their transport tanks
are manufactured and requalified.
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\8\ 75 FR 80765 (Dec. 23, 2010).
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On December 30, 2013, PHMSA published an NPRM that proposed to
incorporate the 2013 edition of Section XII--with limited exceptions--
as an alternative to existing standards for certain CTMVs, cryogenic
portable tanks, and ton tanks.\9\ PHMSA also proposed to incorporate
the 2013 edition of the NBIC for alterations, repairs, and inspections
performed on all ASME-constructed tanks used for the transportation of
hazardous materials. The NPRM generated 20 sets of comments from
stakeholders. The majority of the comments opposed incorporating the
referenced standards (Section VIII, Division 1 and Section XII) into
the HMR. Two commenters supported the proposals, and three commenters
supported the proposals with modification. Several commenters posed
questions or proposed additional modifications. Commenters who
supported the proposals generally indicated: (1) the need to
incorporate Section XII to reflect present-day improvements, especially
the new definitions of authorized inspection agencies; and (2) support
for alternative standards. Commenters opposing the proposals generally
indicated: (1) lack of public input and inaccessibility to current and
future versions of Section
[[Page 61147]]
XII and the NBIC; (2) inefficient and excessive cost to the industry;
and (3) an assertion that no improvement in hazardous materials
transportation safety would be realized. Commenters also questioned how
the continued service requirements of Section XII would affect small
industry stakeholders and expressed concerns about what role PHMSA
would have in oversight of the manufacturing process.
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\9\ 78 FR 79363 (Dec. 30, 2013).
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C. SNPRM
On April 29, 2016, PHMSA issued an SNPRM proposing the following
changes to the HMR: \10\
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\10\ 81 FR 25627 (Apr. 29, 2016).
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<bullet> Incorporating the 2015 edition of Section XII (instead of
the 2013 edition, as previously proposed in the December 2013 NPRM);
<bullet> Incorporating the 2015 edition of the NBIC (instead of the
2013 edition, as previously proposed in the December 2013 NPRM);
<bullet> Authorizing construction and continued service of CTMVs,
cryogenic portable tanks, and ton tanks in accordance with Section XII.
In Table 3, the following transport tanks would be eligible for
construction and continued service under Section XII:
Table 3--Authorized Transport Tanks Under Section XII
------------------------------------------------------------------------
Tank type Specification
------------------------------------------------------------------------
Cargo Tank Motor Vehicle.................. MC 331 and 338, and DOT 406,
407, and 412.
Cryogenic Portable Tank................... UN T75.
Ton Tanks................................. DOT 106A and 110AW.
------------------------------------------------------------------------
Note: Tanks listed in this table that are already constructed under
Section VIII, Division 1 were not proposed to be eligible for
continued service using Section XII. Tanks that have been constructed
under Section VIII, Division 1 must be evaluated in accordance with
the 1992 or 2015 NBIC and the requirements of the HMR.
<bullet> Requiring the use of the 2015 edition of the NBIC and
Supplement 6, where applicable, for the qualification, requalification,
and maintenance of transport tanks (if constructed to Section XII)
listed in Table 3; and
<bullet> Authorizing the use of the 2015 edition of the NBIC for
the continued service, inspection, and repair of CTMVs currently in
service and constructed to Section VIII, Division 1 and the HMR.
The stated goals of the SNPRM were to:
<bullet> Provide stakeholders further opportunity to comment on the
content of Section XII and the NBIC, as well as the safety improvements
and updates reflected in the revised 2015 editions;
<bullet> Synchronize the timing of PHMSA's rulemaking action with
the biennial updates of Section XII and NBIC by ASME and the National
Board, respectively; and
<bullet> Minimize or relieve the public and the government of
possible administrative burdens (i.e., special permit applications)
that would be associated with incorporating the 2013 editions by
reference, when 2015 editions have been published.
Please note that PHMSA is aware that ASME has published marginally
revised editions of Section XII since the 2015 edition. However,
incorporating these newer editions into this rulemaking would require
additional procedural steps for only minor updates. These additional
steps would significantly delay the voluntary use of Section XII,
postponing PHMSA's efforts to provide immediate regulatory flexibility
to the regulated community. Furthermore, today's final rule represents
a vast improvement because it implements a new option for manufacturing
transport tanks, even when incorporating the 2015 edition of Section
XII. Lastly, PHMSA personnel actively participate as voting members on
various ASME consensus and code committees and remain in constant
communication with the regulated community. Through this involvement,
PHMSA is aware that diverse stakeholder groups anticipate the
completion of this rulemaking effort without further delay and welcome
adopting the 2015 edition as a positive change despite the existence of
more recent editions.
Therefore, PHMSA is incorporating by reference the 2015 edition as
proposed in the SNPRM. PHMSA will evaluate and consider incorporation
of newer editions of the ASME (and NBIC) in future rulemakings.
D. DOT's 2017 Notification of Regulatory Review Comments
On October 2, 2017, DOT published a notice in the Federal Register
informing the public that it was reviewing existing regulations and
other agency actions to evaluate their continued necessity,
effectiveness, or burden on energy resources.\11\ DOT invited the
public to provide input on existing rules and other agency actions that
are good candidates for repeal, replacement, suspension, or
modification.
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\11\ 82 FR 45750 (Oct. 2, 2017).
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Container Technology Incorporated submitted input supporting
publication of this final rule, noting that the use of Section XII
would provide regulatory relief via new opportunities for tank
operators to haul more payload.\12\ Container Technology estimated that
truckers who operate compressed gas tanks would be able to gain the
equivalent of an extra load approximately every 35 trips.
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\12\ Container Tech. Inc., Comment, Docket ID DOT-OST-2017-0069-
2698 (Dec. 1, 2017).
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E. NTSB Recommendations
This rulemaking addresses two National Transportation Safety Board
(NTSB) recommendations that PHMSA received on September 2, 2011, as a
result of NTSB's investigation of a rollover and subsequent fire of a
truck-tractor and cargo tank semitrailer carrying liquefied petroleum
gas.
Recommendation H-11-5 advised PHMSA to study the dynamic forces
acting on susceptible structures under varying accident conditions, and
to develop performance standards to eliminate or mitigate these risks
after conducting an analysis of accident data on DOT-specification
cargo tanks.\13\ NTSB recommended that PHMSA identify cargo tank
designs and the associated dynamic forces that pose a higher risk of
failure and release of hazardous materials in accidents. As discussed
in the 2013 NPRM, several research and development projects support
adopting the 2013 editions of the NBIC and Section XII. The studies
referenced in the NPRM support incorporating the 2015 edition of these
standards as well. In developing Section XII, the ASME subcommittee on
transport tanks (SC XII), as well as other stakeholders, commissioned
studies on materials used in the construction of tanks, components of
tanks, and tanks themselves, to aid in developing safe specifications
for transport tanks.
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\13\ Nat'l Transp. Safety Bd., Safety Recommendation H-11-005
(Sept. 2, 2011), available at: <a href="https://data.ntsb.gov/carol-main-public/sr-details/H-11-005">https://data.ntsb.gov/carol-main-public/sr-details/H-11-005</a>.
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Recommendation H-11-6 further advised that PHMSA require all newly
manufactured cargo tanks to comply with the performance standards
identified as a result of H-11-5.\14\ Though PHMSA is not mandating
that cargo tanks be constructed to Section XII standards, giving
vehicle manufacturers additional flexibility for materials, design,
fabrication, examination, inspection, testing, certification, and over-
pressure protection will improve the survivability of cargo tanks
involved in
[[Page 61148]]
rollover accidents. Cargo tanks constructed to Section XII standards
will be better able to withstand the conditions encountered in
transportation, including rollover accidents.
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\14\ Nat'l Transp. Safety Bd., Safety Recommendation H-11-006
(Sep. 2, 2011), available at: <a href="https://data.ntsb.gov/carol-main-public/sr-details/H-11-006">https://data.ntsb.gov/carol-main-public/sr-details/H-11-006</a>.
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IV. Response to SNPRM Comments
PHMSA received 17 sets of comments on the SNPRM from the following
entities:
Table 4--Commenter Docket Table
------------------------------------------------------------------------
Commenter ID No.
------------------------------------------------------------------------
Container Technology Incorporated......... DOT-OST-2017-0069-2698.
Mr. Andrew Duggleby (6x).................. PHMSA-2010-0019-0105--110.
Mr. Pardhasarathi Chilukuri............... PHMSA-2010-0019-0117.
Commercial Vehicle Safety Alliance (CVSA). PHMSA-2010-0019-0113.
The International Tank Container PHMSA-2010-0019-0115.
Organisation (ITCO).
National Propane Gas Association (NPGA)... PHMSA-2010-0019-0114.
NJP Engineering........................... PHMSA-2010-0019-0111.
Mr. Robert Sallash (2x)................... PHMSA-2010-0019-0112;--120.
Mr. James Silver/@TCO Asia................ PHMSA-2010-0019-0116.
Mr. James Silver/CIMS Inspection Services PHMSA-2010-0019-0118.
LLC.
Mr. Alexander Varghese (Gardner PHMSA-2010-0019-0119.
Cryogenics).
------------------------------------------------------------------------
Most of the comments expressed support for the changes proposed in
the SNPRM. Commenters noted that incorporating Section XII would
enhance public safety, welfare, and economic interests of the United
States by facilitating international approval of U.S. manufactured
transportation tanks. Commenters also cited additional benefits of
incorporating Section XII by reference, including: (1) Section XII's
improvements to design standards for transportation tanks, which
reflect present-day technologies; (2) the provision of an alternative
to Section VIII, Division 1 design standards for stationary pressure
vessels (i.e., stationary tanks); and (3) the flexibility provided by
the new rational design methodology in Section XII. Commenters who
supported incorporating Section XII expressed frustration over the
delay in adopting these standards, which are already in use and
increasingly in demand by manufacturers. One commenter noted that he
looked forward to no longer being limited to a standard that was
intended for fixed equipment, which, consequently, requires
supplemental reference to the HMR. Commenters further noted the
benefits of incorporating Section XII, which is a standard intended for
tanks that will be transported. Commenters stated that Section XII is a
more accurate assessment of the service life of transportation tanks on
the road, which includes addressing the hazards and stresses associated
with transportation and the transportation cycle.
Only two commenters--both of whom were associated with the
international transport of portable tanks and expressed similar
concerns in responding to the 2013 NPRM--opposed incorporating Section
XII and the 2015 edition of NBIC. These commenters raised concerns
with: (1) the actual benefits to hazardous materials transportation
that would result from incorporating the 2015 editions; (2) the
registration, inspections, and National Board requirements; (3) the
negative impacts that the 2015 editions would have on the design,
inspection, and international use of cryogenic portable tanks (i.e., UN
T75 portable tanks); (4) the lack of public input and inaccessibility
to current and future versions of Section XII and the NBIC; and (5)
implementation.
PHMSA also received a few comments pertaining to the impact that a
2016 rulemaking, titled Hazardous Materials: Incorporation by Reference
Edition Update for the American Society of Mechanical Engineers Boiler
and Pressure Vessel Code and Transportation Systems for Liquids and
Slurries: Pressure Piping Code (HM-261 final rule), would have on this
final rule.\15\ In the HM-261 final rule, PHMSA replaced the 1998
edition of Section VIII, Division 1 with the 2015 edition.
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\15\ 81 FR 25613 (Apr. 29, 2016).
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Comments received and responses to the 2016 SNPRM are summarized
and discussed further below.
A. Benefits of Section XII
PHMSA highlights the supportive comment received from NJP
Engineering and others that similarly stated that the use of a standard
that is specific to transport tanks is an inherent advantage. Because
Section VIII, Division 1 does not consider transportation conditions
(i.e., dynamic loads on tanks), CTMV manufacturers have not been
permitted to take advantage of reduced design margins (except through a
special permit) even though greater allowable stresses have been
permitted under ASME Section VIII, Division 1 since the late 1990s.
PHMSA notes Section XII provides additional advantages over Section
VIII, Division 1. Section XII incorporates a rational design
methodology, rather than providing strict, prescriptive design
requirements as in Section VIII, Division 1. As explained in the 2013
NPRM, rational design methodology enables tanks to be designed with
greater efficiency.\16\ Section XII also provides specific standards
for fatigue analysis as a part of the continued service for transport
tanks. Transport tanks, more often than stationary tanks, are subjected
to pressure cycles (i.e., frequent and rapid fill and discharges of the
lading), as well as shocks and vibration from movement. Fatigue
analysis is therefore essential for the examination of these tanks.
Though the HMR and Section VIII, Division 1 mention fatigue as a design
consideration, no specific standards are provided therein. Finally,
safety improvements under Section XII include adjustments to the
minimum thickness conversion formula for designing transport tanks for
penetration resistance, as defined in various international standards--
such as the United Nations Recommendations on the Transport of
Dangerous Goods Model Regulations (UN Model Regulations) \17\--and the
HMR.
---------------------------------------------------------------------------
\16\ 78 FR 79363 (Dec. 30, 2013).
\17\ UN Model Regulations Rev. 24 (2025), available at: <a href="https://unece.org/transport/dangerous-goods/un-model-regulations-rev-24">https://unece.org/transport/dangerous-goods/un-model-regulations-rev-24</a>.
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In addition to these safety benefits, the incorporation by
reference of Section XII will continue to provide the benefit of
transport cost savings from the modified design standards (i.e.,
greater allowable stresses) for the construction of cargo tanks. Those
cost savings are reflected largely in fuel savings.
Not all commenters shared a positive outlook on the proposed
changes. Specifically, Mr. Colin Rubery, on behalf of ITCO, and Mr.
James Silver, on behalf of Silver/Cims LLC and @TCO, stated that this
rulemaking is inefficient, redundant, and would increase costs to the
industry with no return or improvement in the transport of hazardous
materials. Mr. Silver further suggested this final rule should not be
adopted because one of PHMSA's justifications for incorporating Section
XII and NBIC was cost savings due to the reduced safety factor required
for pressure vessels. Mr. Silver argued that this economic benefit was
no longer credible because the adoption of the
[[Page 61149]]
HM-261 final rule voided the savings projections and all other benefits
relating to this final rule.
PHMSA disagrees that permitting the use of Section XII is
inefficient or redundant because of the HM-261 final rule. PHMSA notes
that the cost savings of this final rule outweigh the total costs (see
the RIA). Furthermore, the HM-261 final rule updated the version of
Section VIII, Division I and other sections incorporated by reference
but did not incorporate Section XII.
On April 29, 2016, PHMSA published a direct final rule, entitled
Hazardous Materials: Incorporation by Reference Edition Update for the
American Society of Mechanical Engineers Boiler and Pressure Vessel
Code and Transportation Systems for Liquids and Slurries: Pressure
Piping Code (HM-261 direct final rule).\18\ The HM-261 direct final
rule updated the incorporated edition of Section VIII, Division 1, from
the 1998 edition to the 2015 edition, as well as other sections of the
ASME BPVC.\19\ PHMSA issued the HM-261 direct final rule because
industry was already manufacturing DOT specification CTMVs and other
non-DOT specification CTMVs (e.g., nurse tanks) in accordance with
various editions of Section VIII, Division 1 (between the 1998 edition
and the 2015 edition) to maintain ASME certifications. PHMSA determined
that there were no adverse safety issues with incorporating earlier
editions of Section VIII, Division 1, provided tanks had been properly
constructed and maintained in accordance with ASME standards.
---------------------------------------------------------------------------
\18\ 81 FR 25613 (Apr. 29, 2016).
\19\ PHMSA subsequently incorporated by reference the 2017
Edition of Section VIII, Division 1. 85 FR 75680 (Nov. 25, 2020).
---------------------------------------------------------------------------
The HM-261 direct final rule strengthened PHMSA's ability to ensure
compliance with CTMVs constructed to more recent versions of Section
VIII, Division 1. The HM-261 direct final rule simply replaced the 1998
edition of Section VIII, Division 1 with the 2015 edition. It did not
negate the limitations associated with applying a construction code
intended for stationary pressure vessels to tanks that are used to
transport hazardous materials. For that reason, when using the 2017
edition of Section VIII, Division 1, several HMR requirements remain
applicable, whereas Section XII requires fewer supplements from the
HMR. Furthermore, though the use of Section VIII, Division 1 is limited
to construction of new pressure vessels, Section XII is applicable for
construction and continued service of transport tanks. Similar
technical improvements found in the 2015 edition of Section XII also
appear in the 2015 edition of Section VIII, Division 1, but there are
several benefits singularly provided by Section XII. PHMSA has
addressed these benefits in the NPRM and SNPRM.
B. Registration, Inspection, and Training
PHMSA received various comments regarding registration and
inspection requirements for tank inspectors and repair facilities.
These comments were primarily from members of the portable tank
community (ITCO, @TCO, and Silver/Cims, LLC) who inspect tanks that may
be transported outside of the United States. Many of the commenters
expressed confusion regarding the use of Section XII and the implicit
use of the 2015 edition of the NBIC, and the requirements to have
certain credentials from the National Board. These commenters also
specifically suggested that the inspections and credentials required by
using ASME Section XII would impose a financial burden. PHMSA has
determined that most of the comments on this topic are either
overstated or based on a misunderstanding of the 2015 edition. To
address the comments, PHMSA is providing clarification of the
registration and inspection requirements below.
Mr. James Silver, on behalf of two organizations (@TCO and Silver/
Cims, LLC), provided comments concerning registration and inspection
requirements for inspectors and repair facilities. He suggested that
PHMSA proposed additional registration requirements, which he
attributes to the incorporation of Section XII. Mr. Silver asserted
that the portable tank industry would suffer excessive costs due to
``redundant registration and need for redundant (multiple
inspectors),'' and that every test facility and tester would be
``beholden to NBIC for registration and test fees forever more.'' \20\
Similarly, Mr. Colin Rubery, on behalf of ITCO, suggested that
incorporating by reference Section XII and the NBIC (required in
combination) would create what he characterizes as a monopoly on
inspector training by the National Board. ITCO estimated that, to
prepare for the arrival of these tanks in the global marketplace,
international inspectors (including the International Association of
Classification Societies (IACS) and third-party inspectors) and testing
and repair facilities would incur costs of $3.64 million.\21\ In
addition, Mr. Silver stated that: (1) the NBIC should not be employed
for the continued service inspections of portable tanks, because the
National Board does not recognize competent authority designated
approval agencies; and (2) international stakeholders rely on
designated approval agencies with IACS membership for approval and
periodic inspection requirements (which PHMSA addresses in the next
comment discussion).
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\20\ James R. Silver, Comment, Docket ID PHMSA-2010-0019-0104
(Jun. 28, 2016).
\21\ Int'l Tank Container Org., Comment, Docket ID PHMSA-2010-
0019-0076 (Apr. 28, 2014).
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PHMSA notes that the regulatory framework of the HMR consists of
requirements for the design, manufacture, assembly, inspection,
testing, certification, and repair of packagings, such as portable and
cargo tanks, to minimize safety risks. As explained in the comment from
Mr. Alexander Varghese, this is especially important for the safety of
the public considering that ``transportation tanks are exposed to the
public substantially more than stationary tanks.'' \22\ PHMSA has
historically relied on external entities (i.e., Registered Inspectors
for cargo tanks and Designated Approval Agencies (DAAs), such as
Silver/Cims, LLC for portable tanks) to perform many of the functions
relating to verification of the requirements previously mentioned.
Oversight of entities that ensure transport vessels meet the applicable
standards for the safe transport of hazardous materials on behalf of
PHMSA begins with the registration or approval of those parties.
Acquiring registration or an approval requires the inspector or agency
to demonstrate their qualification to determine whether a pressure
vessel conforms to DOT requirements, as specified in subparts E and F
of part 107. Similarly, PHMSA has incorporated construction and design
standards developed by other organizations, as is the case for ASME
BPVC and the NBIC. ASME and the National Board have their own
administrative oversight procedures and designated entities that ensure
these construction and design standards are met. Like DAAs and
Registered Inspectors working on behalf of DOT, these entities perform
their duties on behalf of ASME and NBIC. The entities authorized by
ASME and NBIC to provide certifications (e.g., ``T,'' ``U,'' or ``R''
stamps) include Authorized Inspectors (AI), Qualified Inspectors (QI),
Certified Inspectors (CI), and in the case of the National Board,
inspectors
[[Page 61150]]
who are ``commissioned.'' \23\ Although the HMR incorporate by
reference standards set forth by ASME and NBIC, PHMSA has not required
that ASME or NBIC inspectors register with DOT. Consequently, in the
interest of oversight, the HMR requires registered inspectors and DAAs
to verify the inspections are completed by an ASME AI.
---------------------------------------------------------------------------
\22\ Alexander P. Varghese, Comment, Docket ID PHMSA-2010-0019-
0104 (Jun. 30, 2016).
\23\ A National Board commissioned inspector is an individual
who has met the education, experience, employment, and examination
requirements as outlined in NB-263, RCI-1, Rules for Commissioned
Inspectors. See Nat'l Bd., Rules for Commissioned Inspectors (2025),
available at: <a href="https://www.nationalboard.org/SiteDocuments/Commissioned%20Inspectors/NB-263_RCI-1_2021.pdf">https://www.nationalboard.org/SiteDocuments/Commissioned%20Inspectors/NB-263_RCI-1_2021.pdf</a>.
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Although multiple inspections and tests are required for portable
tanks and cargo tanks, these are not new requirements resulting from
the incorporation by reference of Section XII and the 2015 NBIC--nor
are they redundant. The certification and associated inspections
carried out by ASME inspectors serve to verify that the tank meets the
ASME design and construction standards. DAAs or Registered Inspectors
verify that the ASME constructed transport vessel meets PHMSA's safety
standards. These requirements and processes are in place to mitigate
the risk of a catastrophic failure of pressurized tanks while
transporting hazardous materials.
Part 180, subpart G of the HMR outlines the schedule and criteria
for periodic inspections and tests. These requirements are mirrored in
Section XII specifically to align with the HMR. For portable tanks
constructed to Section VIII, periodic inspections may be performed by
following the HMR and do not require any reference to the NBIC. For
repair or alterations, the HMR defers to the requirements of the
original design and construction standard of the portable tank.
Regarding the commenter's point, many Section VIII portable tanks are
currently inspected and certified by inspectors who hold a National
Board commission. As required by ASME, Section VIII pressure vessels
must be repaired or altered only by organizations holding a National
Board ``R'' Certificate of Authorization. This rulemaking does not
alter the inspection requirements for Section VIII tanks.
The most significant change in this rulemaking is the incorporation
by reference of Section XII, which will permit construction to ASME
Section XII as an alternative. For ASME Section XII constructed tanks,
all inspections, repairs, and alterations must still be carried out in
accordance with the NBIC. ASME extended the inspector credential
requirements, previously reserved for entities involved in repairs and
alterations, to those providing periodic inspections to ensure
uniformity for the level of safety of the tanks and inspection
activities. Specifically, a National Board commissioned inspector must
be involved in the inspections of repairs and alterations. Periodic
inspections for Section XII transport vessels may still be carried out
by a DOT-recognized Registered Inspector upon completion of a web-based
training course. Aside from hydrostatic testing, which must now be
witnessed by an AI, QI, or CI, the role of Registered Inspectors in the
HMR is not changing for cargo tanks. PHMSA notes that because all cargo
tanks must be ASME stamped under this final rule, repairs are required
to be made by an ``R'' certificate holder, unlike the current
requirements in the HMR, which allow certain cargo tanks to be repaired
by a ``U'' certificate holder.
PHMSA disagrees with ITCO's assertion that adoption of Section XII
and the NBIC (required in combination) would create a monopoly. Section
XII specifies that individuals who repair tanks constructed and
certified to that standard must use a National Board commissioned
inspector. This process mirrors PHMSA's oversight of inspectors and
approval agencies that verify safety requirements of packagings on the
agency's behalf. PHMSA has also determined that it is no different from
the practice described by the commenter, in which ``enforcement
authorities in most foreign countries only recognize IACS-member
approval agencies.'' \24\ A baseline requirement is needed for
individuals or organizations that are responsible for verifying the
acceptability of tanks prior to transportation. Requiring an individual
or organization to have specific credentials is not unique to this
agency or this rulemaking. Such a requirement ensures the safety of
packagings that contain hazardous materials. PHMSA expects the
incorporation by reference of the 2015 NBIC for continued service of
Section XII tanks to be the best course of action due to the
development of Supplement 6 for use with Section XII. PHMSA finds that
National Board-commissioned inspectors are best positioned for
inspection of Section XII transport tanks.
---------------------------------------------------------------------------
\24\ Int'l Tank Container Org., Comment, Docket ID PHMSA-2010-
0019-0027 (May 25, 2011).
---------------------------------------------------------------------------
Regarding ``NBIC registration,'' as mentioned in the comment from
Silver/Cims LLC,\25\ PHMSA has determined this is a misunderstanding of
the registration required under part 107 and the concept of a
``commissioned inspector'' under NBIC--neither of which are new
requirements added under this rulemaking.
---------------------------------------------------------------------------
\25\ James R. Silver, Comment, Docket ID PHMSA-2010-0019-0104
(Jun. 29,2016).
---------------------------------------------------------------------------
PHMSA disagrees with the two commenters from the portable tank
community who stated that this rule will add an estimated $3.64 million
in costs for the industry. Any increased costs to industry will be
outweighed by offsetting cost savings and benefits. Furthermore, the
commenters provided no data to support this estimate. PHMSA estimates
that the actual costs for certain facilities could be as low as $250 to
purchase the newest ASME code. PHMSA acknowledges that those enforcing
compliance with these standards will likely incur some training costs
regardless of the usage rate of the new standard. PHMSA also agrees
that the costs associated with obtaining a National Board commission or
completing required testing would be new costs to some test facilities
that perform leakage and pneumatic/hydrostatic tests, and for
inspectors who have not already begun conducting inspections of Section
XII tanks. The final rule does mandate the use of Section XII and the
NBIC. Such use, whether continuing to construct transport tanks to
Section VIII, Division 1, or foregoing training and a National Board
commission, are business decisions to be made by individual
organizations. This rule provides additional regulatory flexibility to
make those business decisions.
Inspectors who have conducted inspections in accordance with the
HMR, rather than acquiring an ``R'' certificate from the National
Board, will be able to continue doing so for Section VIII tanks in
addition to conducting inspections for Section XII tanks. This is
consistent with the decision to construct all authorized DOT-
specification CTMVs, to specialize in a single specification of the DOT
400 series CTMVs, or to transport portable tanks within the United
States only. In addition, the incorporation by reference of Section XII
does not require equipment purchase, employee training, or standard
purchase unless it is in the interest of a manufacturer, non-
manufacturer, or an inspector to do so. A comment from Exosent
Engineering indicated that the company had already obtained a ``T''
stamp and stated the additional cost and administrative work was
``minimal.'' Exosent Engineering
[[Page 61151]]
went on to state that the design and construction were achieved at no
extra cost. Although costs to each type of industry stakeholder will
vary, PHMSA expects that users will assess whether it makes economic
sense for them to adopt Section XII, and that the overall cost burden
will be minimized because of a lower usage rate. Furthermore, PHMSA
believes it is very likely that many in this industry already have the
most current codes to maintain their ASME ``U'' or ``R'' stamps.
C. Impact on Portable Tank Market
Mr. James Silver reiterated concerns regarding the effect of
permitting the use of Section XII on the portable tank industry. Mr.
Silver argued that existing UN portable tank standards and regulations
ensure the safe transportation of hazardous materials, and that
incorporating the 2015 editions of Section XII and the NBIC for in-
service and continued use inspection of portable tanks would be
counterproductive to the efforts of the international portable tank
community. In addition, Mr. Silver asserted that if National Board-
registered inspectors or authorized inspection agencies inspect UN
portable tanks for continued service, regional authorities and port
inspectors in foreign countries would reject the tanks for import and
continued transit. Mr. Silver further argued that the enforcement
authorities in most foreign countries only recognize IACS-member
approval agencies due to their long-standing involvement with the
International Maritime Dangerous Goods (IMDG) Code. He provided
examples of tanks that were inspected by non-IACS members being stopped
in transit and material needing to be transloaded to an approved
portable tank with IACS-member periodic test stamp only. Mr. Silver and
Mr. Rubery (on behalf of ITCO) expressed their similar belief that the
public would be better served if PHMSA introduced the changes to
incorporate by reference Section XII and the NBIC, with respect to
portable tanks, under the scope of the UN Sub-Committee of Experts on
the Transport of Dangerous Goods and pursue the changes as amendments
to the UN Model Regulations. Lastly, Mr. Silver suggested that Section
XII should not be offered as an alternative construction standard for
UN T75 portable tanks because Section VIII, Division 1 and Section XII
are currently employed either through incorporation by reference or by
special permit, respectively.
PHMSA agrees that existing portable tank standards and regulations
are effective for the safe transportation of hazardous materials--that
is why Section VIII will continue to be authorized for use. But PHMSA
still has the authority to implement an updated alternative design
standard that provides at least an equivalent level of safety, in
addition to providing the industry demonstrable advantages such as cost
savings, advanced design guidelines, and more realistic tank life
estimates. Section XII is such an updated alternative.
PHMSA disagrees that the incorporation of Section XII will lead to
disruption in the international market. Section XII and the NBIC were
both developed as international standards and written to be compatible
with UN recommendations and other international codes. In responding to
this concern, Gardner Cryogenics stated that ``ASME Section XII is very
close in requirements to International Standards Organization (ISO)
Standard 20421-1 for cryogenic transportation tanks,'' and that
``several industrial countries have already approved its use or are in
the process of evaluation.'' \26\ The UN Model Regulations, IMDG Code,
and related ISO standards allow for a nation's Competent Authority to
determine the requirements that apply for the construction and repair
of packagings used in the transportation of hazardous materials and
recognize ASME and National Board codes.\27\ PHMSA anticipates
reciprocity from foreign countries to recognize cryogenic portable
tanks authorized in accordance with the HMR such that Section XII
transport tanks, inspected in accordance with the NBIC (i.e., the HMR),
will be recognized internationally in the same manner as foreign
inspections of UN portable tanks are recognized through the approval
process of a DAA under the HMR. There is no specific requirement under
the IMDG Code to use IACS inspectors, only that the inspections and
tests of portable tanks intended for transport of refrigerated
liquefied gases must be witnessed by an expert approved by the
competent authority or its authorized body (i.e., a National Board-
certified inspector). Thus, PHMSA has determined the incorporation by
reference of the NBIC for the continued service of Section XII
transport tanks will not have any negative international impact.
---------------------------------------------------------------------------
\26\ Alexander P. Varghese, Comment, Docket ID PHMSA-2010-0019-
0104 (Jun. 30, 2016).
\27\ UN Model Regulations, at Paragraphs 6.1.1 and 6.1.2; IMDG
Code, at Chapter 6.1.
---------------------------------------------------------------------------
D. Public Input to Future Versions of Section XII and the NBIC
PHMSA received comments from Mr. James Silver and ITCO regarding
the practice of incorporating by reference codes such as the NBIC and
ASME Sections VIII and XII. Specifically, the commenters restated their
opinion that incorporating these standards reduces transparency because
the authoring standards development organizations are not obligated to
provide comment periods, as is required for Federal agencies when
making regulatory changes and therefore do not assure public input for
future revisions. The commenters noted that industry and the public
would be better served with standards and training developed by PHMSA.
PHMSA disagrees that developing an entirely new set of standards
would be the best approach for industry or the HMR. By addressing
advances related to materials, design, fabrication, examination,
inspection, testing, certification, and over-pressure protection,
Section XII was developed to be a model for modernization of the HMR.
It is intended to: (1) be a standard that would be more readily
adoptable by jurisdictions worldwide; (2) cut government costs; (3)
establish a way to accredit manufacturers of these tanks; (4) establish
requirements for third-party inspection and for various sorts of
inspectors, both during construction and in-service; and (5)
incorporate industry consensus standards into the Federal regulations
as required by the Unfunded Mandates Reform Act of 1995 (UMRA; Pub. L.
104).
These standards were developed by voluntary consensus standards
development organizations comprised of stakeholders and government
representatives--including PHMSA--involved in the design,
certification, continued qualification, and maintenance of transport
tanks.\28\ These stakeholders have expert knowledge of how to design,
construct, and maintain tanks to withstand the unique dynamic
conditions and stresses of a normal transportation environment. Both
Section XII and the NBIC were developed as global standards and were
written to be compatible with the UN Model Regulations. ASME meets due
process requirements as defined by the non-governmental American
National Standards Institute (ANSI). As such, the meetings for the
development of ASME standards are open to the public and operate under
the ANSI consensus
[[Page 61152]]
process that allows for public review and comment much like the DOT
rulemaking process.
---------------------------------------------------------------------------
\28\ For example, the American Society of Mechanical Engineers
and the National Board of Boiler and Pressure Vessel Inspectors.
---------------------------------------------------------------------------
Information about the development and coordination of Section XII
and the NBIC was made available online to the public, and draft
revisions are made available for public review and input.\29\ In
addition to hosting public meetings, ASME committee participation is
open to anyone with an interest in a particular subject area and with
the requisite technical expertise. Further, ASME and the NBIC committee
meetings are open to public participation and free of charge. Both the
ASME and NBIC subcommittees consider correspondence from the public in
the form of requests for interpretation and revision to existing codes,
requests for code cases, and requests to develop new standards. The
standards-writing subcommittees, subgroups, and task groups are also
open to participation by representatives of individuals that are
materially affected by the code. Each year, the NBIC committee updates
the NBIC and presents the updates on the National Board's website for
public review in April-May and August-September. Furthermore, PHMSA
ultimately makes the determination on conditions and limitations of
material incorporated by reference. If there is a particular issue with
a standard, commenters can raise concerns with PHMSA during the notice
stage of a rulemaking.
---------------------------------------------------------------------------
\29\ For example, public comments may be submitted on proposed
new ASME Standards drafts and on proposals to revise existing ASME
Standards. All ASME public review proposals are available in hard
copy at no cost, and some are available electronically also at no
cost. See ASME Codes and Standards, ASME Proposals Available for
Public Review (last accessed Feb. 26, 2026), available at: <a href="https://cstools.asme.org/csconnect/PublicReviewpage.cfm">https://cstools.asme.org/csconnect/PublicReviewpage.cfm</a>.
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The Commercial Vehicle Safety Alliance (CVSA) commented that it
supports the incorporation by reference of technical standards
``provided that the U.S. Department of Transportation requires access
(including electronic access) for enforcement and government purposes,
at no charge, to these materials,'' and that ``when those in industry
develop standards that can be used by government it is appropriate to
do so . . . [h]owever, if care is not taken in how that incorporation
by reference is designed, it could result in materials not being
accessible.'' \30\ CVSA argued that prohibitive fees render certain
incorporation by reference materials inaccessible to State and Federal
Government officials.
---------------------------------------------------------------------------
\30\ Commercial Vehicle Safety Alliance, Comment, Docket ID
PHMSA-2010-0019-0113 (Jun. 22, 2016).
---------------------------------------------------------------------------
The industry-developed materials incorporated in this final rule
are available for review free of charge in-person at PHMSA's
headquarters and regional offices, as well as through the Federal Motor
Carrier Safety Administration (FMCSA) headquarters. State enforcement
officials have access to Section XII and the NBIC for performance of
enforcement activities (i.e., roadside checks). Specifically, PHMSA's
understanding is that these activities primarily entail verification of
marking requirements, for example, and not in-depth review of
compliance with design, construction, and repair standards. Since the
marking requirements are no different than the current marking
requirements under the HMR for the same packagings constructed in
accordance with Section VIII, Division 1, the HMR--which is readily
accessible and available for free at PHMSA's website--can be used as a
reference for the marking requirements.
E. Implementation
1. Section XII and the HMR
Mr. Chilikuri commented that Section XII does not address all the
existing HMR requirements for transport tanks, such as rear-end damage
protection.\31\ NJP Engineering further noted that proposed Sec.
173.14 (now Sec. 173.252 for consistency with the construct of the
HMR) is broad in its application and that part 178 covers items that
are not addressed in Section XII (i.e., manhole assembly requirements
in Sec. 178.345-5(e)).\32\ Therefore, Mr. Chilikuri requested
clarification of the requirements in this instance for the benefit of
designers, manufacturers, and enforcement officials.
---------------------------------------------------------------------------
\31\ Pardhasarathi Chilukuri, Comment, Docket ID PHMSA-2010-
0019-0104 (Jun. 28, 2016).
\32\ Nickolas Paulick, Comment, Docket ID PHMSA-2010-0019-0111
(May 17, 2016).
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PHMSA agrees that the 2015 edition of Section XII does not address
all conditions associated with transport tanks. Entities opting to use
Section XII for construction of transportation tanks must still comply
with parts 178 and 180 of the HMR for items not covered by Section XII.
This is emphasized by reading Section XII at TG-100.3, which states
that ``applicable laws and regulations may contain additional
requirements for pressure vessels used in the transportation of
dangerous goods which are not addressed in this section.'' The new
provisions in this final rule at Sec. 173.252 have been revised to
clarify this distinction.
2. Use of the 1992 NBIC
The NPGA requested a modification of the proposed requirements
allowing the use of the HMR and either the 1992 or 2015 editions of the
NBIC for qualification of CTMVs constructed to Section XII, stating
that such a change would remove financial and training constraints
while maintaining the safety objectives of this rulemaking.\33\ NPGA
noted that PHMSA has not justified limiting which edition of the NBIC
may be used for the qualification of Section XII CTMVs. Furthermore,
NPGA asserted that there is no evidence to suggest employees or
businesses trained and relying on current regulations for inspection
and qualification of CTMVs designed according to ASME Section VIII,
Division 1 are unfit to qualify CTMVs designed according to ASME
Section XII.
---------------------------------------------------------------------------
\33\ National Propane Gas Association, Comment, Docket ID PHMSA-
2010-0019-0114 (Jun. 28, 2016).
---------------------------------------------------------------------------
PHMSA has determined that it would not be in the interest of
modernizing transportation safety measures or in alignment with best
engineering practices to incorporate an outdated reference. Since the
1992 NBIC predates ASME Section XII by more than a decade, its
incorporation could result in confusion and increased violations of the
HMR. ASME Section XII and the 2015 edition of the NBIC were also
developed in tandem, so there is no practical way to use the 1992 NBIC
for Section XII pressure vessels.
The 2015 edition of the NBIC accounts for numerous changes that
have been made to both the construction, repair, and inspection methods
for pressure vessels since the early 1990s. Many of these changes take
advantage of newer technology, such as the use of ultrasonic
examination instead of radiographic examination. When compared to
radiographic examination, ultrasonic examination is lower in cost,
easier to use, faster to implement, and poses less environmental
concerns. Other changes that offer similar improvements include the use
of alternative welding methods instead of post-weld heat treatment, and
new standard welding procedures designed to control quality and result
in more reliable, and consequently, safer welds.
3. Certification Stamp(s)
ITCO commented that incorporating Section XII and the 2015 NBIC
would cause confusion by introducing a ``T'' stamp certification when
portable tanks are already subject to ``T'' code marking
[[Page 61153]]
requirements.\34\ In addition, CIMS Inspection Services noted that
PHMSA has not accounted for the cost of repair shops needing to obtain
a ``TR'' stamp and estimates a cost of more than $10 million for
initial certification. The commenter also noted potential future costs
of purchasing updated codes and stamp certification renewal costs.
---------------------------------------------------------------------------
\34\ The International Tank Container Organisation, Comment,
Docket ID PHMSA-2010-0019-0115 (Jun. 28, 2016).
---------------------------------------------------------------------------
PHMSA disagrees that introducing a ``T'' stamp will cause confusion
given the difference in location and current industry use. The marking
requirements of ASME pressure vessels with the ``T'' stamp is a
distinct mark with specific criteria similar to that currently in place
for ``U'' stamped vessels. The location is normally on an ASME data
plate on the tank, whereas the UN markings are located on the tank
proper as already required by the HMR and UN Model Regulations. The
potential costs associated with obtaining a ``TR'' stamp--as proposed
in the 2015 SNPRM--have been removed from the cost of this final rule.
This final rule does not require the use of the ``TR'' stamp initially
proposed under the SNPRM. Instead, the final rule requires the use of
the ``R'' stamp. Repair shops must already hold the ``R'' stamp to
perform repairs or alterations in accordance with industry code
requirements.
4. Market Conditions
One commenter suggested that PHMSA delay the incorporation of
Section XII to allow the industry time to assess market conditions and
determine whether the continued use of Section VIII eliminates the need
for Section XII.
PHMSA believes industry has had sufficient time since the
publication of the SNPRM to make the requested assessment. In addition,
PHMSA agrees with other commenters who stated that Section XII should
be incorporated by reference without further delay. Industry need
drives the development of industry codes, as was the case for Section
XII. As discussed above, the industry lacked a set of standards
specifically designed for transport tanks, which resulted in the
development of such a standard by the applicable standards development
organization. Companies have already made use of Section XII and have
designed and built these transportation tanks through a special permit,
as mentioned in the comments from Gardner Cryogenics and Exosent
Engineering. These commenters further stated that their companies have
not experienced any additional difficulties in producing the tanks
according to Section XII as opposed to Section VIII. PHMSA reiterates
that the use of ASME Section XII is optional. An individual company who
determines that it would not be to its benefit to use the standard has
an alternative: use Section VIII, Division 1 and follow the HMR.
V. Section-by-Section Review
The following is a section-by-section review of the amendments in
this final rule:
A. Part 107
Section 107.307
Section 107.307 outlines the process for compliance orders and
civil penalties (i.e., enforcement). PHMSA is revising paragraph (a) to
underscore PHMSA's existing authority to enforce compliance with
industry standards that are incorporated by reference into the HMR.
This change does not implement any changes to the regulations or
PHMSA's authority. Rather, it clarifies the existing authority to aid
in regulatory understanding and compliance.
Section 107.503
Part 107, subpart F establishes a registration procedure for
persons engaged in the manufacture, assembly, inspection and testing,
certification, or repair of both cargo tanks and CTMV manufactured in
accordance with a DOT specification or under terms of a special permit
issued under part 107.
In this final rule, PHMSA is adopting a revision to accommodate the
creation of the ``T'' stamp in Section XII. Specifically, PHMSA is
adding a reference to the ``T'' stamp along with the existing
references to ``U'' stamp in Sec. 107.503(b) and the ``U'' and ``R''
stamps in Sec. 107.503(c). This revision will ensure that a facility
that manufactures or repairs a Section XII CTMV submits their ``T''
stamp authorization to FMCSA, just as facilities than manufacture or
repair Section VIII CTMVs submit their ``U'' and/or ``R'' stamp
authorizations.
In addition, PHMSA is noting for general awareness that the new
Sec. 173.252 (originally proposed as Sec. 173.14), as discussed
below, references the registration requirement in this subpart by
noting that CTMV ``manufacturers,'' ``inspectors,'' and ``repairers''
of these packagings must be registered with the DOT.
B. Part 171
Section 171.7
Section 171.7 provides a listing of all voluntary consensus
standards incorporated by reference into the HMR,
This final rule amends Sec. 171.7--Reference material--to list the
2015 edition of Section XII, to reference the 2017 edition of Sections
II, V, VIII, and IX, and to list the 2015 edition of the NBIC.
Specifically:
<bullet> PHMSA revises the introductory text of paragraph (h) to
reflect ASME's new headquarters address.
<bullet> PHMSA redesignates paragraphs (h)(1) and (2) as paragraphs
(h)(2) and (4), respectively. The redesignation is necessary to reflect
numerically the insertion of new paragraph (h)(1) accurately to include
an entry for the 2015 edition of Section XII in addition to the
sections of the 2017 edition of the ``ASME Code'' currently referenced,
i.e., Section VIII, Division 1. As discussed previously in Section I:
Executive Summary, the Section XII, Rules for Construction and
Continued Service of Transport Tanks, is based on Section VIII,
Division 1 of the ASME BPVC. Like Section VIII, Division 1, Section XII
sets forth standards for construction, but differs in that it also
includes standards for continued service of transport tanks. Supplement
6 to parts 2 and 3 are included to address continued service and
inspection of transport tanks specifically. The other supplements to
both parts are specifically excluded as they are not relevant to the
transportation of hazardous materials.
<bullet> PHMSA is adding a new paragraph (h)(3) to authorize the
use of the ASME Code, Section VIII, Division 2, exclusively for
conducting fatigue analyses on the new Section XII packagings. Though
the HMR already incorporates specific provisions of ASME Code Section
VIII, Division 2 is not currently incorporated by reference. For
context, ASME Section II defines allowable ferrous and nonferrous
materials; Section V covers nondestructive testing methods; Section
VIII, Division 1 provides pressure vessel construction rules; and
Section IX details welding and brazing qualifications.
<bullet> PHMSA revises paragraph (x) introductory text to include
contact information for the National Board of Boiler and Pressure
Vessel Inspectors and revises paragraph (x)(2) to authorize the 2015
edition of the NBIC.
C. Part 173
Section 173.252
PHMSA is adding a new Sec. 173.252 addressing the use of Section
XII for the
[[Page 61154]]
construction and continued service of certain types of transport tanks
as discussed above. For requirements in parts 178 and 180 of the HMR
not covered by Section XII, persons must continue to comply with
applicable requirements for the respective transport tanks in
accordance with the HMR in addition to the Section XII requirements.
Note that PHMSA originally proposed to adopt the language in this
section under new Sec. 173.14 in subpart A (General). After further
consideration, PHMSA has determined it is more logical and simpler to
connect with other authorized bulk packagings by placing this
regulatory text in subpart F (Bulk Packaging for Hazardous Materials
Other Than Class 1 and Class 7).
For All Tank Types. General conditions for all authorized transport
tank types are specified in paragraph (a) as follows:
1. Authorized incorporation by reference material includes ASME
Section XII Modal Appendices, Mandatory Appendices, and Non-Mandatory
Appendices; and use of ASME Section II materials, Section V
Nondestructive Examination, Section VIII, Division 1 for Parts only,
Section VIII, Division 2 for Fatigue Analysis only, Section IX for
welding and brazing in accordance with Section XII requirements;
authorized incorporation by reference material also includes the NBIC
Parts 2 and 3, and Supplement 6 of Parts 2 and 3;
2. The NBIC and Supplement 6 of Parts 2 and 3 must be used for the
design, repair, alteration, certification, qualification, and
maintenance of CTMVs, cryogenic portable tanks, and ton tanks
constructed to Section XII;
3. Repairs must be performed by a facility holding a current
National Board certificate of authorization for the use of the National
Board ``R'' stamp;
4. Nameplate character markings must be a minimum 4 mm (5/32'');
markings directly on the tank must be a minimum 8 mm (5/16'');
5. Marking must be in accordance with Supplement 6. Periodic test
information is prohibited on the ASME nameplate;
6. Inspection personnel must have qualifications as required by
Section XII, Article TG-4, and as evident by having a current National
Board commission with endorsement for the level and type of inspection
(Transport Tank Class) to be performed, or certification from their
employer when applicable; and
7. The inspector, and their employer, must be registered with DOT.
For CTMVs. Conditions and requirements specific to CTMVs are
specified in paragraph (b). The CTMVs must conform to all applicable
requirements of part 173 of the HMR and must meet: Section XII, Modal
Appendix 1 and the appropriate Article of the appendix for the category
of CTMV; all Section XII Mandatory Appendices; and applicable Non-
Mandatory Appendices, except as follows:
1. Repairs must be performed by a DOT-registered facility holding a
current National Board certificate of authorization for the use of the
``R'' stamp; and
2. For DOT MC 338 Cargo Tanks Motor Vehicles, Section XII, Modal
Appendix 1, Article 4, paragraph 1-4.4(g)(6) does not apply. For
evacuated jackets used in flammable liquid service, a minimum jacketed
thickness of 2.4 mm (0.0946 in) 12 gauge in the reference steel is
allowed.
For Cryogenic Portable Tanks (UN T75 portable tanks). Conditions
and requirements specific to cryogenic portable tanks are set forth in
paragraph (c). These portable tank types must conform to all applicable
requirements of part 173 of the HMR and must meet: Section XII, Modal
Appendix 3, Article 1; all Section XII Mandatory Appendices; and
applicable Non-Mandatory Appendices, except as follows:
1. External and internal visual inspections in accordance with NBIC
Supplement 6 are required in addition to Section XII, Modal Appendix 3,
Article 1, paragraph 3-1.10(b) and Article 1, 3-1.10(b)(5);
2. Section XII, Modal Appendix 3, Article 1, paragraph 3-1.10
requires repairs to be performed by a facility holding a current
National Board certificate of authorization for the use of the ``R''
stamp. Records must be in accordance with the NBIC Supplement 6, as
applicable; and
3. Section XII, Modal Appendix 3, Article 1, paragraph 3-1.10(b)(6)
does not apply to cryogenic portable tanks because, in most cases, the
insulating jacket precludes an inspector from seeing if the markings on
the portable tank are legible and in accordance with the requirements
when conducting internal and external examinations.
For Ton Tanks. Conditions and requirements specific to ton tanks
are set forth in paragraph (d). Ton tanks must conform to all
applicable requirements of part 173 and must meet: Section XII, Modal
Appendix 4, Article 1; all Mandatory Appendices; and applicable Non-
Mandatory Appendices, except as follows:
1. Section XII, Modal Appendix 4, Article 1, paragraph 3-1.10.
Manufacturer-certified fusible plugs tested and qualified under the
fuse plug manufacturers' written quality control system are required;
2. Section XII, Modal Appendix 4, Article 1, paragraph 4-8. Non-
ASME marked fusible plugs are allowed;
3. Section XII, Modal Appendix 4, Article 1, paragraph 4-12(a).
External and internal visual inspections must be in accordance with
Supplement 6;
4. Section XII, Modal Appendix 4, Article 1, paragraph 4-12(e).
Records must be kept in accordance with NBIC Supplement 6; and
5. A ton tank that fails a prescribed test or inspection must be
repaired by a facility holding a current National Board certificate of
authorization for the use of the ``R'' stamp or be removed from
service.
D. Part 178
Section 178.278
PHMSA adds a new Sec. 178.278 to subpart H authorizing the use of
Section XII for the design, construction, inspection, and qualification
of cryogenic portable tanks.
Section 178.301
PHMSA adds a new Sec. 178.301 to subpart J authorizing the use of
Section XII and the NBIC for the design, construction, inspection, and
qualification of CTMVs.
E. Part 179
Section 179.302
PHMSA revises Sec. 179.302 to authorize the use of Section XII and
the NBIC (and Supplement 6) for the design, construction, inspection,
and qualification of ton tanks.
F. Part 180
Section 180.402
PHMSA adds a new Sec. 180.402 to subpart E authorizing the use of
the NBIC for the continuing qualification, maintenance, and periodic
testing of CTMVs.
Section 180.502
PHMSA adds a new Sec. 180.502 to subpart F authorizing the use of
the NBIC for the continuing qualification, maintenance, and periodic
testing of ton tanks constructed to Section XII.
Section 180.602
PHMSA adds a new Sec. 180.602 to subpart G authorizing the use of
the NBIC for the continuing qualification, maintenance, and periodic
testing of cryogenic portable tanks (i.e., UN T75
[[Page 61155]]
portable tanks) constructed to Section XII.
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority
This final rule is published under the authority of the Federal
Hazardous Materials Transportation Act (HMTA; 49 U.S.C. 5101-5127).
Section 5103(b) of the HMTA authorizes the Secretary of Transportation
to ``prescribe regulations for the safe transportation, including
security, of hazardous material in intrastate, interstate, and foreign
commerce.'' Section 5120(b) authorizes the Secretary to ensure that, to
the extent practicable, regulations governing the transportation of
hazardous materials in commerce are consistent with standards adopted
by international authorities. The Secretary has delegated the authority
granted in the HMTA to the PHMSA Administrator at 49 CFR 1.97(b).
The Administrative Procedure Act (APA; 5 U.S.C. 553(e)) requires
Federal agencies to give interested persons the right to petition an
agency to issue, amend, or repeal a rule. Through this final rule,
PHMSA addresses three specific petitions for rulemaking filed by ASME,
the National Board, and the Pressure Vessels Manufacturers Association.
B. Executive Order 12866; Regulatory Planning and Review
Executive Order (E.O.) 12866 (Regulatory Planning and Review), as
implemented by DOT Order 2100.6B (``Policies and Procedures for
Rulemaking''), requires agencies to regulate in the ``most cost-
effective manner,'' to make a ``reasoned determination that the
benefits of the intended regulation justify its costs,'' and to develop
regulations that ``impose the least burden on society.'' \35\
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\35\ 58 FR 51735 (Oct. 4, 1993).
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E.O. 12866 and 49 CFR part 5, subpart B require that PHMSA submit
``significant regulatory actions'' to the Office of Information and
Regulatory Affairs (OIRA) within the Executive Office of the
President's Office of Management and Budget (OMB) for review. This
rulemaking is not considered a significant regulatory action under
Section 3(f) of E.O. 12866 and, therefore, was not formally reviewed by
OMB. This rulemaking is also not considered a significant rule under 49
CFR part 5, subpart B.
In addition, PHMSA accomplishes the directives of E.O. 12866 by
harmonizing the HMR with widely used consensus standards to address
safety concerns and provide regulatory flexibility and manufacturing
efficiency. PHMSA estimates this rulemaking will help ensure the HMR is
consistent with the latest technologies and reduces regulatory burdens
by authorizing the use of standards that allow the design and
construction of transport vessels to more precise and efficient
specifications.
C. Executive Orders 14192 and 14219
PHMSA finds this final rule is an E.O. 14192 (Unleashing Prosperity
Through Deregulation) deregulatory action.\36\ PHMSA has determined the
total costs of the rule on the regulated community will be less than
zero and estimates an annualized net cost savings of approximately $8.1
million per year, at a seven percent discount rate. Further details on
the costs, cost savings, and benefits of this rulemaking can be found
in the Regulatory Impact Analysis (RIA), which is available in the
public docket. In addition, PHMSA finds this rule does not implicate
any of the factors identified in section 2(a) of E.O. 14219 indicative
of a regulation that is ``unlawful . . . [or] that undermine[s] the
national interest.'' \37\
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\36\ 90 FR 9065 (Feb. 6, 2025).
\37\ 90 FR 10583 (Feb. 25, 2025).
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D. Energy-Related Executive Orders 13211, 14154, and 14156
The President declared in E.O. 14156 (Declaring a National Energy
Emergency) a national emergency to address America's inadequate energy
development production, transportation, refining, and generation
capacity.\38\ Similarly, E.O. 14154 (Unleashing American Energy)
asserts a Federal policy to unleash American energy by ensuring access
to abundant supplies of reliable, affordable energy from (inter alia)
the removal of ``undue burden[s]'' on the identification, development,
or use of domestic energy resources.\39\ PHMSA finds this final rule is
consistent with each of E.O. 14156 and E.O. 14154.
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\38\ 90 FR 8353 (Jan. 29, 2025).
\39\ 90 FR 8353 (Jan. 29, 2025).
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This final rule is not a ``significant'' energy action under E.O.
13211 (Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use).\40\ It also is not a significant
regulatory action under E.O. 12866 and is therefore not likely to have
a significant adverse effect on the supply, distribution, or use of
energy for purposes of the requirements of E.O. 14156 (Declaring a
National Energy Emergency) and E.O. 14154 (Unleashing American Energy).
In fact, as opposed to having an adverse effect on the domestic supply,
distribution, or use of energy, this final rule may actually contribute
to streamlining such transportation through overall efficiencies gained
in the hazardous materials transportation industry.
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\40\ 66 FR 28355 (May 22, 2001).
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E. Executive Order 13132
PHMSA analyzed this rulemaking in accordance with the principles
and criteria contained in E.O. 13132 (Federalism).\41\ In addition,
PHMSA analyzed under its implementing Presidential Memorandum
(Preemption).\42\ E.O. 13132 requires agencies to assure meaningful and
timely input by State and local officials in the development of
regulatory policies that may have ``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.''
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\41\ 64 FR 43255 (Aug. 10, 1999).
\42\ 74 FR 24693 (May 22, 2009).
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This rulemaking may preempt State, local, and Native American Tribe
requirements, but it does not propose any regulation that has
substantial direct effects on the States, the relationship between the
Federal Government and the States, or the distribution of power and
responsibilities among the various levels of government.
The HMTA contains an express preemption provision at 49 U.S.C.
Sec. 5125(b), that preempts State, local, and Tribal requirements on
certain covered subjects, unless the non-Federal requirements are
``substantively the same'' as the Federal requirements, including the
following:
(1) The designation, description, and classification of hazardous
material;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents
related to hazardous material 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 material; and
(5) The design, manufacture, fabrication, inspection, marking,
maintenance, recondition, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material in commerce.
[[Page 61156]]
This final rule addresses covered subject items (2) and (5) above,
and will preempt State, local, and Tribal requirements not meeting the
``substantively the same'' standard. In this instance, the preemptive
effect of the final rule is limited to the minimum level necessary to
achieve the objectives of the hazardous materials transportation law
under which the final rule is promulgated. Therefore, the consultation
and funding requirements of E.O. 13132 do not apply. PHMSA did not
receive any comments in response to the NPRM or SNPRM concerning the
effect of the adoption of the specific proposals on State, local or
Tribal Governments.
F. Executive Order 13175
PHMSA has analyzed this final rule according to E.O. 13175
(Consultation and Coordination with Indian Tribal Governments) and DOT
Order 5301.1A (``Department of Transportation Tribal Consultation
Policies and Procedures'').\43\ PHMSA finds this final rule does not
significantly or uniquely affect the communities of the Indian Tribal
Governments or impose substantial direct compliance costs. PHMSA notes
it did not receive any comments from Native American Tribes.
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\43\ 65 FR 67249 (Nov. 9, 2000).
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G. Regulatory Flexibility Act, Executive Order 13272
This rulemaking has been developed in accordance with E.O. 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.\44\ As discussed at length in
the RIA found in the rulemaking docket, PHMSA concludes that the
adoption of Section XII and the 2015 edition of the NBIC will not have
a significant impact on a substantial number of small entities or any
foreseeable impact on small businesses given that the provisions
adopted under this rulemaking are optional.
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\44\ 67 FR 53461 (Aug. 16, 2002).
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H. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA; 44 U.S.C. 3501, et
seq.), no person is required to respond to any information collection
unless it has been approved by OMB and displays a valid OMB control
number. Pursuant to 44 U.S.C. 3506(c)(2)(B) and 5 CFR 1320.8(d), PHMSA
must provide interested members of the public and affected agencies an
opportunity to comment on information collection and recordkeeping
requests. PHMSA has analyzed this rule in accordance with the PRA. The
recordkeeping requirements in Section XII and the NBIC are analogous.
Thus, the recordkeeping costs of complying with Section XII and the
NBIC are no different than those required under the current regulatory
scheme. Moreover, PHMSA has determined that the recordkeeping
requirements of Section XII and NBIC (specifically Supplement 6) are
more straightforward than Section VIII. Please direct PRA questions
related to this final rule to Steven Andrews, Office of Hazardous
Materials Standards (PHH-12), Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE, 2nd Floor, Washington, DC
20590-0001.
I. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (UMRA; 2 U.S.C. 1501, et
seq.) requires agencies to assess the effects of Federal regulatory
actions on State, local, and Tribal Governments, and the private
sector. For any NPRM or final rule that includes a Federal mandate that
may result in the expenditure by State, local, and Tribal Governments,
or by the private sector of $100 million or more in 1996 dollars in any
given year, the agency must prepare, amongst other things, a written
statement that qualitatively and quantitatively assesses the costs and
benefits of the Federal mandate.
As explained in the RIA, this rulemaking does not impose unfunded
mandates under the UMRA. It will not result in costs of $100 million or
more in 1996 dollars to either State, local, or Tribal Governments, or
to the private sector, in any one year. A copy of the RIA is available
for review in the docket.
J. National Environmental Policy Act
PHMSA has analyzed this rule pursuant to the National Environmental
Policy Act (NEPA; 42 U.S.C. 4321, et seq.) and has determined it is
categorically excluded under 23 CFR 771.117(c)(20), which applies to
the promulgation of rules, regulations, and directives. Under Section 9
of DOT Order 5610.1D, PHMSA may apply a categorical exclusion (CE)
established in another Operating Administration's procedures. PHMSA
followed the requirements outlined in DOT Order 5610.1D to apply the
Federal Highway Administration's CE to this deregulatory action. PHMSA
does not anticipate any adverse environmental impacts from this rule,
and PHMSA has determined no unusual circumstances are present under 23
CFR 771.117(b). PHMSA's Categorical Exclusion Determination memo for
this action is available on PHMSA's website.\45\
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\45\ PHMSA, Implementing Procedures (last accessed Feb. 11,
2026), available at: <a href="https://www.phmsa.dot.gov/planning-and-analytics/environmental-analysis-and-compliance/implementing-procedures">https://www.phmsa.dot.gov/planning-and-analytics/environmental-analysis-and-compliance/implementing-procedures</a>.
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K. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to inform better any amendments to the HMR considered in this
rulemaking. DOT posts these comments, without edit, including any
personal information the commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as
described in the system of records notice (DOT/ALL-14 FDMS). DOT's
complete Privacy Act Statement is available at <a href="http://www.dot.gov/privacy">http://www.dot.gov/privacy</a>.
L. Executive Order 13609 and International Trade Analysis
E.O. 13609 (Promoting International Regulatory Cooperation)
requires agencies to 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.\46\ 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.
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\46\ 77 FR 26413 (May 4, 2012).
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Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. Pursuant to the Trade Agreements Act,
the establishment of standards is not considered an unnecessary
obstacle to the foreign commerce of the United States, 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.
[[Page 61157]]
PHMSA participates in the establishment of international standards
to protect the safety of the American public. PHMSA finds this
rulemaking does not create unnecessary obstacles to foreign trade.
Accordingly, this rulemaking is consistent with E.O. 13609 and PHMSA's
obligations under the Trade Agreements Act.
M. 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 multiple voluntary consensus standards that are discussed
at length in the section on Sec. 171.7 and in Section II
(Incorporation by Reference Material) of this final rule.
N. Cybersecurity and Executive Order 14028
Executive Order 14028 (Improving the Nation's Cybersecurity)
directs the Federal Government to improve its efforts to identify, to
deter, and to respond to ``persistent and increasingly sophisticated
malicious cyber campaigns.'' \47\ PHMSA has considered the effects of
the final rule and determined that its regulatory amendments will not
materially affect the cybersecurity risk profile for the transportation
of hazardous materials.
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\47\ 86 FR 26633 (May 17, 2021).
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O. Severability
The purpose of this final rule is to operate holistically in
addressing different issues related to the safe transportation of
hazardous materials. However, PHMSA recognizes that certain provisions
focus on unique topics. Therefore, PHMSA finds the various provisions
of this final rule are severable and able to function independently if
severed from each other. Thus, in the event a court were to invalidate
one or more of this final rule's unique provisions, the remaining
provisions stand and continue in effect.
List of Subjects
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements.
49 CFR Part 171
Applicability, Definitions, General requirements, Exports,
Hazardous materials transportation, Imports, Incorporation by
reference.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Reporting and recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 179
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Rail safety, Reporting and recordkeeping
requirements.
49 CFR Part 180
Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Qualification and
maintenance, Railroad safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, 49 CFR chapter I is amended as
follows:
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
0
1. The authority citation for part 107 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 Section
4; Pub. L. 104-121 Sections 212-213; Pub. L. 104-134 Section 31001;
Pub. L. 114-74 Section 701 (28 U.S.C. 2461 note); 49 CFR 1.81 and
1.97; 33 U.S.C. 1321.
0
2. In Sec. 107.307, revise paragraph (a) introductory text to read as
follows:
Sec. 107.307 General.
(a) When the Associate Administrator and the Office of Chief
Counsel have reason to believe that a person is knowingly engaging or
has knowingly engaged in conduct which is a violation of the Federal
hazardous material transportation law or any provision of this
subchapter or subchapter C of this chapter, or any standard
incorporated by reference in subchapter C of this chapter, or any
exemption, special permit, or order issued thereunder, for which the
Associate Administrator or the Office of Chief Counsel exercise
enforcement authority, they may--
* * * * *
0
3. In Sec. 107.503, revise paragraphs (b) and (c) to read as follows:
Sec. 107.503 Registration statement.
* * * * *
(b) In addition to the information required under paragraph (a) of
this section, each person who manufactures a cargo tank or cargo tank
motor vehicle must submit a copy of the manufacturer's current ASME
Certificate of Authorization for the use of the ASME ``U'' and/or ``T''
stamp.
(c) In addition to the information required under paragraph (a) of
this section, each person who repairs a cargo tank or cargo tank motor
vehicle must submit a copy of the repair facility's current National
Board Certificate of Authorization for the use of the ``R'' stamp or
ASME Certificate of Authorization for the use of the ASME ``U'' and/or
``T'' stamp. Any person who repairs MC-series cargo tanks which are not
certified to the ASME Code must have submitted a copy of the National
Board or ASME Certificate of Authorization to PHMSA before June 30,
1992.
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
4. 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; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 701 (28
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.
0
5. In Sec. 171.7, revise paragraphs (h) and (x) to read as follows:
Sec. 171.7 Reference material.
* * * * *
(h) American Society of Mechanical Engineers (ASME), Two Park
Avenue, Suite 1600, New York, NY 10016-5990; phone: 1-800-843-2763;
email: <a href="/cdn-cgi/l/email-protection#1a596f696e75777f68597b687f5a7b69777f3475687d"><span class="__cf_email__" data-cfemail="195a6c6a6d76747c6b5a786b7c59786a747c37766b7e">[email protected]</span></a>; website: <a href="http://www.asme.org">www.asme.org</a>.
(1) ASME BPVC.XII-2015: 2015 ASME Boiler and Pressure Vessel Code,
Section XII--Rules for Construction and Continued Service of Transport
Tanks, 2015 Edition, July 1, 2015 (ASME Code Section XII); into
Sec. Sec. 173.252; 178.278; 178.301; 179.302.
(2) ASME Boiler and Pressure Vessel Code, 2017 Edition, July 1,
2017 (ASME Code), as follows, into Sec. Sec. 172.102; 173.3; 173.5b;
173.24b; 173.252; 173.306; 173.315; 173.318; 173.420; 178.255-1;
178.255-2; 178.255-14; 178.255-15; 178.273; 178.274; 178.276; 178.277;
178.320; 178.337-1; 178.337-2; 178.337-3; 178.337-4; 178.337-6;
178.337-16; 178.337-18; 178.338-1; 178.338-2; 178.338-3; 178.338-4;
178.338-5; 178.338-6; 178.338-13;
[[Page 61158]]
178.338-16; 178.338-18; 178.338-19; 178.345-1; 178.345-2; 178.345-3;
178.345-4; 178.345-7; 178.345-14; 178.345-15; 178.346-1; 178.347-1;
178.348-1; 179.400-3; 180.407:
(i) ASME BPVC.II.A-2017 (vols. 1 and 2), Section II--Materials--
Part A--Ferrous Materials Specifications.
(ii) ASME BPVC.II.B-2017, Section II--Materials--Part B--Nonferrous
Material Specifications.
(iii) ASME BPVC.V-2017, Section V--Nondestructive Examination.
(iv) ASME BPVC.VIII.1-2017, Section VIII--Rules for Construction of
Pressure Vessels Division 1.
(v) ASME BPVC.IX-2017, Section IX--Qualification Standard for
Welding, Brazing, and Fusing Procedures; Welders; Brazers; and Welding,
Brazing, and Fusing Operators.
Note 1 to paragraph (h)(2): The requirement for a 6% knuckle
radius on torispherical heads are excepted.
(3) ASME BPVC.VIII.2-2017, 2017 ASME Boiler and Pressure Vessel
Code, Section VIII--Rules for Construction of Pressure Vessels Division
2, 2017 Edition, July 1, 2017 (ASME Code Section VIII Division 2); into
Sec. 173.252.
(4) ASME B31.4-2012, Pipeline Transportation Systems for Liquids
and Slurries, November 12, 2012, into Sec. 173.5a.
* * * * *
(x) National Board of Boiler and Pressure Vessel Inspectors (NBBI),
1055 Crupper Avenue, Columbus, Ohio 43229; phone: (614)-888-8320;
email: <a href="/cdn-cgi/l/email-protection#91fee3f5f4e3e2d1fff3f3f8bffee3f6"><span class="__cf_email__" data-cfemail="026d7066677071426c60606b2c6d7065">[email protected]</span></a>; website: <a href="http://www.nationalboard.org">www.nationalboard.org</a>.
(1) NB-23, National Board Inspection Code, A Manual for Boiler and
Pressure Vessel Inspectors, 1992 Edition; into Sec. 180.413.
(2) 2015 National Board Inspection Code (NBIC), 2015 Edition,
Issued July 1, 2015, as follows; into Sec. Sec. 173.252; 178.278;
178.301; 179.302; 180.402; 180.502; 180.602:
(i) Part 2, Inspection (including only Supplement 6).
(ii) Part 3, Repairs and Alterations (including only Supplement 6).
* * * * *
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. Add Sec. 173.252 to subpart F to read as follows:
Sec. 173.252 Bulk packaging constructed to ASME Code Section XII.
This section authorizes, with certain conditions and limitations,
the use of ASME Code Section XII (IBR, see Sec. 171.7 of this
subchapter) for the construction and continued service of cargo tank
motor vehicles, cryogenic portable tanks, and multi-unit tank car tanks
(ton tanks). For requirements in parts 178 and 180 of this subchapter
not covered by ASME Code Section XII, persons must continue to comply
with applicable requirements (e.g., accident damage protection for
cargo tank motor vehicles) for the respective packagings in accordance
with this subchapter in addition to the Section XII requirements. Table
1 to this section presents the specification packagings authorized for
construction using ASME Code Section XII. Conditions and limitations on
the use of the ASME Code Section XII for design, construction,
qualification and certification, and maintenance are as follows--
(a) All tank types. (1) Use of ASME Code Section XII for design,
construction, qualification, and certification of authorized packaging
includes use of ASME Code Section II, Section V, Section VIII Division
1 for parts only, and Division 2 for fatigue analysis only, and Section
IX (IBR, see Sec. 171.7 of this subchapter);
(2) Continuing qualification, unless excepted, must be in
accordance with the NBIC (IBR, see Sec. 171.7 of this subchapter), in
conjunction with ASME Code Section XII as authorized in part 180 of
this subchapter;
(3) Nameplate character markings must be a minimum 4 mm (\5/32\''),
markings directly on the tank must be a minimum 8 mm (\5/16\'');
(4) Marking must be in accordance with NBIC Supplement 6;
(5) A person performing a certification inspection (i.e., an
inspector) must be qualified in accordance with ASME Code Section XII
under its general rules for inspection (Article TG-4), and hold either
a current National Board of Boiler and Pressure Vessel Inspectors
(National Board) commission and endorsement of the ASME tank class
(e.g., Class 3 for DOT 406 cargo tanks) for the type of inspection to
be performed or, when applicable, a certification (in accordance with
the NBIC) from his or her employer. Inspectors of cargo tank motor
vehicles, or their employer, must be registered with DOT in accordance
with 49 CFR part 107, subpart F; and
(6) A person (e.g., a facility) performing repairs on a cargo tank
authorized under this section must hold a current National Board
certificate of authorization for the use of the National Board ``R''
stamp. Persons, or the employer, performing repairs on cargo tanks must
also be registered with DOT in accordance with 49 CFR part 107, subpart
F.
(b) Cargo tank (motor vehicles). A cargo tank motor vehicle must
conform to all applicable requirements of this part, and must meet the
standards of ASME Code Section XII, Modal Appendix 1 (for cargo tanks),
all Mandatory Appendices and, when opted for, Non Mandatory Appendices,
except as follows:
(1) For MC 338 Cargo Tanks, ASME Code Section XII, Modal Appendix
1, Article 4, paragraph 1-4.4(g)(6) does not apply. For evacuated
jackets used in flammable liquid service, a minimum jacketed thickness
of 2.4 mm (0.0946 in) 12 gauge in the reference metal is permitted.
(2) [Reserved]
(c) Cryogenic portable tanks (UN T75 tanks). Cryogenic portable
tanks must conform to all applicable requirements of this part, and
must meet ASME Code Section XII, Modal Appendix 3, Article 1, all
Mandatory Appendices and, when opted for, Non Mandatory Appendices,
except as follows:
(1) An inspector must perform external and internal visual
inspection in accordance with NBIC Supplement 6 in addition to ASME
Code Section XII, Modal Appendix 3, Article 1, paragraph 3-1.10(b), and
Article 1, paragraph 3-1.10(b)(5);
(2) ASME Code Section XII, Modal Appendix 3, Article 1, paragraph
3-1.10(b)(6) does not apply; and
(3) Records must be kept in accordance with the NBIC Supplement 6,
as applicable.
(d) Ton tanks. Ton tanks must conform to all applicable
requirements of this part and must meet ASME Code Section XII, Modal
Appendix 4, Article 1, all Mandatory Appendices and, when opted for,
Non Mandatory Appendices, except as follows:
(1) ASME Code Section XII, Modal Appendix 4, Article 1, paragraph
3-1.10 does not apply. Manufacturer-certified fusible plugs, tested,
and qualified under the fuse plug manufacturers' written quality
control system must be used;
(2) Notwithstanding ASME Code Section XII, Modal Appendix 4,
Article 1, paragraph 4-8, non-ASME marked fusible plugs are authorized;
(3) Per ASME Code Section XII, Modal Appendix 4, Article 1,
paragraph 4-12(a), an inspector must perform an external and internal
visual inspection in accordance with NBIC Supplement 6;
(4) Per ASME Code Section XII, Modal Appendix 4, Article 1,
paragraph 4-
[[Page 61159]]
12(e), records must be kept in accordance with NBIC Supplement 6, as
applicable; and
(5) A ton tank that fails a prescribed test or inspection must be
repaired in accordance with the NBIC or removed from service.
Table 1 to Sec. 173.252
------------------------------------------------------------------------
Tank type Specification
------------------------------------------------------------------------
Authorized Specification Packaging using ASME Code Section XII
------------------------------------------------------------------------
Cargo Tank Motor Vehicle............... MC 331 and 338, and DOT 406,
407, and 412.
Cryogenic Portable Tank................ UN T75.
Ton Tank............................... DOT-106A and 110AW.
------------------------------------------------------------------------
PART 178--SPECIFICATIONS FOR PACKAGINGS
0
8. The authority citation for part 178 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96, and
1.97.
0
9. Add Sec. 178.278 to read as follows:
Sec. 178.278 Alternative requirements for the design, construction,
inspection, and testing of portable tanks intended for the
transportation of refrigerated liquefied gases.
Notwithstanding the requirements of Sec. Sec. 178.274 and 178.277,
UN T75 cryogenic portable tanks may be designed, constructed,
inspected, tested, and certified in accordance with ASME Code Section
XII (IBR, see Sec. 171.7 of this subchapter) in conjunction with the
NBIC (IBR, see Sec. 171.7 of this subchapter), and in accordance with
the conditions and limitations of Sec. 173.252 of this subchapter.
0
10. Add Sec. 178.301 to subpart J to read as follows:
Sec. 178.301 Alternative requirements for the design, construction,
inspection and testing of cargo tank motor vehicles.
Notwithstanding the requirements of this subpart, cargo tank motor
vehicles of Specification MC 331 and 338, and DOT 406, 407, or 412 may
be designed, constructed, inspected, tested, and certified in
accordance with ASME Code Section XII (IBR, see Sec. 171.7 of this
subchapter) in conjunction with the NBIC (IBR, see Sec. 171.7 of this
subchapter), and in accordance with the conditions and limitations of
Sec. 173.252 of this subchapter.
PART 179--SPECIFICATIONS FOR TANK CARS
0
11. The authority citation for part 179 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96, and
1.97.
0
12. Add Sec. 179.302 to read as follows:
Sec. 179.302 Alternative requirements for the design, construction,
inspection, and testing of multi-unit tank car tanks.
Notwithstanding the requirements of this subpart, Class DOT-106A
and 110AW multi-unit tank car tanks may be designed, constructed,
inspected, tested, and certified in accordance with ASME Code Section
XII (IBR, see Sec. 171.7 of this subchapter) in conjunction with the
NBIC (IBR, see Sec. 171.7 of this subchapter), and in accordance with
the conditions and limitations of Sec. 173.252 of this subchapter.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
13. The authority citation for part 180 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96, and
1.97.
0
14. Add Sec. 180.402 to read as follows:
Sec. 180.402 Alternative qualification and maintenance.
Notwithstanding the applicability of Sec. 180.401 (for ASME Code
Section VIII, Division 1 cargo tanks) for the continuing qualification
and maintenance of an authorized specification cargo tank motor
vehicle, and subject to conditions and limitations set forth in Sec.
173.252 of this subchapter, the NBIC (IBR, see Sec. 171.7 of this
subchapter)--
(a) Must be used for the continuing qualification, maintenance, and
periodic testing (i.e., continued service) of cargo tanks constructed
to ASME Code Section XII in accordance with Sec. 178.301 of this
subchapter; and
(b) May be used, in combination with the requirements of this part,
for the continuing qualification, maintenance, and periodic testing
(i.e., continued service) of cargo tank motor vehicles constructed to
ASME Code Section VIII, Division 1. Specifically, DOT specification
cargo tank motor vehicles constructed to ASME Section VIII, Division 1
that bear a ``U'' stamp may be inspected, repaired and tested under
this subpart and the NBIC, excluding all supplements except Supplement
6.
0
15. Add Sec. 180.502 to read as follows:
Sec. 180.502 Alternative qualification and maintenance.
Notwithstanding the applicability of Sec. 180.501 for the
qualification and maintenance of multi-unit tank car tanks, and subject
to conditions and limitations set forth in Sec. 173.252 of this
subchapter, the NBIC (IBR, see Sec. 171.7 of this subchapter), must be
used for the continuing qualification, maintenance, and periodic
testing (i.e., continued service) of Class DOT-106A and 110AW multi-
unit tank car tanks constructed to ASME Code Section XII in accordance
with Sec. 179.302 of this subchapter.
0
16. Add Sec. 180.602 to read as follows:
Sec. 180.602 Alternative qualification and maintenance.
Notwithstanding the applicability of Sec. 180.601 for the
continuing qualification, maintenance, or periodic testing of portable
tanks, and subject to conditions and limitations set forth in Sec.
173.252 of this subchapter, the NBIC (IBR, see Sec. 171.7 of this
subchapter), must be used for the continuing qualification,
maintenance, and periodic testing (i.e., continued service) of UN T75
cryogenic portable tanks constructed to ASME Code Section XII in
accordance with Sec. 178.278 of this subchapter.
Issued in Washington, DC, on September 24, 2026, under
authority delegated in 49 CFR 1.97.
Paul J. Roberti,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2026-19741 Filed 9-25-26; 8:45 am]
BILLING CODE 4910-60-P
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</html>Indexed from Federal Register on September 28, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.