The rule incorporates by reference the 2015 edition of the National Board Inspection Code, Parts 2 and 3, including Supplement 6. It authorizes the use of the 2015 ASME Code Section XII and 2015 National Board Inspection Code for the construction and continued service of certain transport tanks.

Authorized cargo tank motor vehicles under the rule include specifications MC 331, MC 338, DOT 406, DOT 407, and DOT 412. Authorized cryogenic portable tanks under the rule include specification UN T75, while authorized ton tanks include specifications DOT 106A and DOT 110AW.

The rule addresses National Transportation Safety Board recommendations H-11-5 and H-11-6 regarding dynamic forces and cargo tank designs. It allows manufacturers to use standards specifically developed for transport tanks instead of those for stationary vessels.

The rule permits the use of ASME Section XII as an alternative to ASME Section VIII, Division 1, 2017 Edition. One commenter estimated that international inspectors and facilities would incur costs of $3.64 million.

The rule addresses three longstanding petitions for rulemaking from industry stakeholders: P-1459, P-1474, and P-1502. The effective date of the rule is 30 days after its publication in the Federal Register, while voluntary compliance begins on the date of its publication.

Why It Matters

The Pipeline and Hazardous Materials Safety Administration was created in 2004 as part of the U.S. Department of Transportation to regulate the transportation of hazardous materials, including overseeing 3.4 million miles of pipelines and nearly one million daily shipments of hazardous materials. PHMSA has previously addressed NTSB recommendations related to tank car safety, including H-11-5 and H-11-6, which focused on dynamic forces and cargo tank designs, indicating a history of responding to safety concerns raised by the National Transportation Safety Board. Primary sources: federalregister.gov, phmsa.dot.gov

The 2015 edition of the ASME Boiler and Pressure Vessel Code, Section XII, was specifically developed to address the unique stresses and conditions encountered by transport tanks, including dynamic forces during transit, which aligns with recommendations from the National Transportation Safety Board (NTSB) H-11-5 and H-11-6. Prior to the 2015 edition, the ASME Boiler and Pressure Vessel Code, Section VIII, Division 1, was used for the design and construction of cryogenic portable tanks and CTMVs, but it did not account for the unique stresses of transportation environments, leading to the development of Section XII. Primary sources: govinfo.gov, transportation.gov

Timeline

On December 30, 2013, the Pipeline and Hazardous Materials Safety Administration (PHMSA) first proposed incorporating the ASME Boiler and Pressure Vessel Code into hazardous materials regulations in a notice of proposed rulemaking (NPRM) published on December 30, 2013, which referenced the 2013 editions of ASME Section XII and the National Board Inspection Code. The rule authorizes the use of the 2015 ASME Code Section XII and 2015 National Board Inspection Code for the construction and continued service of certain transport tanks. Primary source: phmsa.dot.gov

The Pipeline and Hazardous Materials Safety Administration estimates the rule will result in $8.1 million in annualized net cost savings for the regulated community. The Pipeline and Hazardous Materials Safety Administration issued a final rule amending the Hazardous Materials Regulations to incorporate by reference the 2015 edition of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, Section XII. Authorized cryogenic portable tanks under the rule include specification UN T75. Authorized ton tanks under the rule include specifications DOT 106A and DOT 110AW.

What's New

The National Board Inspection Code (NBIC) was first published in 1956 and has since been updated regularly to provide standards for the continued service of transport tanks, including inspection, repair, and modification procedures. In 2010, PHMSA proposed incorporating ASME Code Section XII into the Hazardous Materials Regulations to address the unique conditions of transport tanks, following petitions from industry stakeholders such as the American Society of Mechanical Engineers (ASME), the National Board, and the Pressure V. The National Board Inspection Code (NBIC) was first developed in 1953 as a consensus standard for the inspection, repair, and alteration of pressure vessels, with its most recent edition (2015) being incorporated by PHMSA in this final rule. The National Board Inspection Code (NBIC) Supplement 6, included in the 2015 edition, provides specific guidelines for the continued service of ASME-stamped transport tanks, emphasizing inspection frequency and repair standards. Primary sources: govinfo.gov, phmsa.dot.gov, transportation.gov