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[Federal Register: February 1, 2002 (Volume 67, Number 22)]
[Proposed Rules]               
[Page 4941-4942]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01fe02-25]                         

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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 107, 171, 172, 173, 177, 178, and 180

[Docket No. RSPA-98-3554 (HM-213)]
RIN 2137-AC90

 
Hazardous Materials: Requirements for Cargo Tanks; Correction and 
Extension of Comment Period

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Proposed rule; correction and extension of comment period.

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SUMMARY: On December 4, 2001, RSPA published a notice of proposed 
rulemaking to update and clarify the regulations on the construction 
and maintenance of cargo tank motor vehicles. In response to requests 
by members of the regulated community, the comment period for the 
proposed rule is extended until April 4, 2002, to provide commenters 
additional time. In addition, we are correcting a minor citation error 
in the proposed regulatory text.

DATES: Submit comments by April 4, 2002. To the extent possible, we 
will consider comments received after this

[[Page 4942]]

date in making our decision on a final rule.

ADDRESSES: Submit comments to the Dockets Management System, U.S. 
Department of Transportation, Room PL 401, 400 Seventh Street, SW., 
Washington, DC 20590-0001. Comments should identify Docket Number RSPA-
98-3554 (HM-213), and be submitted in two copies. If you wish to 
receive confirmation of receipt of your written comments, include a 
self-addressed, stamped postcard. You may also e-mail comments by 
accessing the Dockets Management System web site at ``<A HREF="http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov/">http://
dms.dot.gov/</A>'' and following the instructions for submitting a document 
electronically. If you prefer, you can fax comments to 202-493-2251 for 
filing in the docket.
    The Dockets Management System is located on the Plaza level of the 
Nassif Building at the Department of Transportation at the above 
address. You can review public dockets there between the hours of 9 
a.m. and 5 p.m., Monday through Friday, except federal holidays. You 
can also review comments on-line at the DOT Dockets Management System 
web site at 
``<A HREF="http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov/">http://dms.dot.gov/</A>.''
    We are experiencing some delays in mail deliveries as a result of 
ongoing efforts to ensure that mail is not contaminated with infectious 
or harmful materials. We encourage you to take advantage of the 
opportunities provided by the DOT Dockets Management System to submit 
comments electronically or by fax.

FOR FURTHER INFORMATION CONTACT: Michael Johnsen (202) 366-8553, Office 
of Hazardous Materials Standards, Research and Special Programs 
Administration.

SUPPLEMENTARY INFORMATION:

Background

    On December 4, 2001, the Research and Special Programs 
Administration (RSPA, we) published a notice of proposed rulemaking 
(NPRM) (66 FR 63096) under Docket RSPA-98-3554 (HM-213) to update and 
clarify the regulations on the construction and maintenance of cargo 
tank motor vehicles. The proposed rule also addressed three National 
Transportation Safety Board (NTSB) recommendations and several 
petitions for rulemaking.
    Under 49 Code of Federal Regulations (CFR) 1.73(d), the Federal 
Motor Carrier Safety Administration (FMCSA) is delegated authority to 
enforce the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) 
, with particular emphasis on highway transportation, including 
regulations for construction and maintenance of cargo tank motor 
vehicles. FMCSA and RSPA work closely with the regulated industry 
through educational assistance activities and FMCSA's compliance and 
enforcement program. During these activities, we identified several 
areas in the current regulations that need updating or clarification. 
In addition, we received requests for clarification of the regulations 
and petitions for rulemaking. NTSB has also made several safety 
recommendations concerning cargo tank motor vehicles. In the NPRM, we 
proposed revisions that would apply to all cargo tank motor vehicles, 
and revisions that would apply to certain specification cargo tank 
motor vehicles used to transport certain ladings.
    On December 27, 2001, the Truck Trailer Manufacturers Association 
(TTMA) requested an extension of the comment period (closing date of 
February 4, 2002). TTMA requested the extension because the TTMA Tank 
Conference Engineering Committee will be meeting February 26-27, 2002, 
in Los Angeles, CA to discuss a number of issues addressed in docket 
HM-213. TTMA asked for additional comment time to properly acknowledge 
all of its members' thoughts and concerns. In addition, on January 11, 
2002, a representative of the National Propane Gas Association, 
National Tank Truck Carriers, Inc., Petroleum Marketers Association of 
America, and the Petroleum Transportation and Storage Association 
requested an extension of the comment period to allow for detailed 
analysis. RSPA agrees that extending the comment period on this 
technically complex rulemaking is in the public interest because it 
will assure thorough consideration of the proposals by all affected 
entities. Therefore, we are extending the comment period to April 4, 
2002.
    In addition, we discovered an incorrect reference in the NPRM. On 
page 63122, under the proposed regulatory text language for 
Sec. 180.405 (o)(1), the reference ``Sec. 178.337-11(a)(2)'' should 
read ``Sec. 178.337-8(a)(4).''
    Accordingly, the HM-213 NPRM is corrected as follows:

Correction

PART 180--[CORRECTED]


Sec. 180.405  [Corrected]

    In proposed rule FR Doc. 01-28117, beginning on page 63096 in the 
issue of December 4, 2001, make the following correction to the 
proposed regulatory text:
    On page 63122, in the third line of column 3, in 
Sec. 180.405(o)(1), correct Sec. 178.337-11(a)(2)'' to read 
``Sec. 178.337-8(a)(4)''.

    Issued in Washington, DC on January 29, 2002 under authority 
delegated in 49 CFR part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety, Research and 
Special Programs Administration.
[FR Doc. 02-2515 Filed 1-31-02; 8:45 am]
BILLING CODE 4910-60-P

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