On November 21, 2016 (81 FR 83190), the Pipeline and Hazardous Materials Safety Administration (PHMSA) published an advance notice of proposed rulemaking (ANPRM) in the federal register to solicit public comment on two (2) petitions to amend the Hazardous Materials Regulations (HMR) in 49 CFR Parts 171–180 applicable to the marking of cargo tanks transporting petroleum distillates. PHMSA invites comment on the following key issues and questions: 1. Are carriers currently marking cargo tanks with the identification number of a petroleum distillate fuel, including gasoline and gasohol, when that material is not present in that cargo tank? If so, why are carriers undertaking this practice? When and where does this practice occur? How prevalent is this practice? 2. If the answer to question 1 above is yes, how is this being done without violating the prohibitive marking requirements in 49 CFR 172.303? 3. Would marking a cargo tank with the identification number for the liquid petroleum distillate fuel having the lowest flash point, rather than with the identification numbers representing each of the different liquid petroleum distillate fuels including gasoline and gasohol, create concerns for emergency responders? 4. Does responding to an incident involving diesel fuel differ from responding to an incident involving gasoline - if so, how? 5. How many entities and shipments would be affected by modifying the existing regulatory requirements related to the hazard communication standards for cargo tanks transporting petroleum distillate fuels? In addition, how many of the effected entities would be considered small businesses? 6. What are the potential costs of modifying the existing regulatory requirements related to hazardous materials communication on cargo tanks pursuant to the petitioners’ suggestions? If no specific quantitative data is available, what types of costs would be reasonable to anticipate (e.g., training cost, equipment replacement, etc.)? 7. What consequences would be mitigated or prevented by modifying the hazard communication requirements for cargo tanks transporting petroleum distillate fuels? Have there been instances in the U.S. safety record when the current requirements and industry practices related to the identification number markings have resulted in emergency response complications, injury, or death? 8. What are the potential quantifiable safety and societal benefits of modifying the existing regulatory requirements related to hazardous materials communication for cargo tanks? 9. What are the potential environmental impacts and human health effects of modifying the existing regulatory requirements? Please submit comments by February 21, 2017. Click on the link below to download the full version:

PHMSA 11-21-2016 ANPRM petro cargo tanks