Hazardous Materials; Incorporation of Exemptions Into Regulations, 3302-3310 [05-1113]
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Federal Register / Vol. 70, No. 14 / Monday, January 24, 2005 / Rules and Regulations
telephone number 415–399–3547 to
seek permission to transit the area. If
permission is granted, all persons and
vessels must comply with the
instructions of the COTP or his
designated representative.
(c) Enforcement. All persons and
vessels must comply with the
instructions of the Coast Guard Captain
of the Port or the designated on-scene
patrol personnel. Patrol personnel
comprise commissioned, warrant, and
petty officers of the Coast Guard
onboard Coast Guard, Coast Guard
Auxiliary, local, state, and federal law
enforcement vessels. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the security zones by
local law enforcement and the MOTCO
police as necessary. Upon being hailed
by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other
means, the operator of a vessel must
proceed as directed.
(d) Notice of enforcement or
suspension of enforcement of security
zone(s). The COTP San Francisco Bay
will cause notification of enforcement of
the security zone(s) to be made by
issuing a Local Notice to Mariners and
a Broadcast Notice to Mariners to inform
the affected segments of the public.
During periods that the security zone(s)
are being enforced, Coast Guard patrol
personnel will notify mariners to keep
out of the security zone(s) as they
approach the area. In addition, Coast
Guard Group San Francisco Bay
maintains a telephone line that is
maintained 24 hours a day, 7 days a
week. The public can contact Group San
Francisco Bay at (415) 399–3530 to
obtain information concerning
enforcement of this rule. When the
security zone(s) are no longer needed,
the COTP will cease enforcement of the
security zone(s) and issue a Broadcast
Notice to Mariners to notify the public.
Upon notice of suspension of
enforcement, all persons and vessels are
granted general permissions to enter,
move within and exit the security
zone(s).
Dated: January 12, 2005.
Gerald M. Swanson,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco Bay, California.
[FR Doc. 05–1232 Filed 1–21–05; 8:45 am]
BILLING CODE 4910–15–P
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs
Administration
49 CFR Parts 171, 173, 174, 176, and
177
[Docket No. RSPA–03–16370 (HM–233)]
RIN 2137–AD84
Hazardous Materials; Incorporation of
Exemptions Into Regulations
Research and Special Programs
Administration (RSPA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This final rule amends the
Hazardous Materials Regulations by
incorporating into the regulations the
provisions of certain widely used
exemptions which have established a
history of safety and which may be
converted into regulations for general
use. We are also making minor revisions
to the requirements for use of
packagings authorized under
exemptions. The revisions provide
wider access to the benefits of the
provisions granted in these exemptions
and eliminate the need for the current
exemption holders to reapply for
renewal of the exemption, thus reducing
paperwork burdens and facilitating
commerce while maintaining an
acceptable level of safety.
DATES: Effective Date: The effective date
of these amendments is March 25, 2005.
Incorporation by Reference Date: The
incorporation by reference of certain
publications listed in these amendments
is approved by the Director of the
Federal Register as of March 25, 2005.
Voluntary Compliance Date: RSPA is
authorizing immediate voluntary
compliance. However, RSPA may
further revise this rule as a result of
appeals it may receive for this rule.
FOR FURTHER INFORMATION CONTACT: Gigi
Corbin, Office of Hazardous Materials
Standards, (202) 366–8553 or Diane
LaValle, Office of Hazardous Materials
Exemptions and Approvals, (202) 366–
4535, Research and Special Programs
Administration, U.S. Department of
Transportation, 400 Seventh Street,
SW., Washington, DC 20590–0001.
SUPPLEMENTARY INFORMATION:
I. Background
The Research and Special Programs
Administration (RSPA) (hereafter, ‘‘we’’
or ‘‘us’’) is amending the Hazardous
Materials Regulations (HMR; 49 CFR
Parts 171–180) to incorporate a number
of changes based on existing
exemptions. This rulemaking is part of
an ongoing effort to identify commonly
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used exemptions that have an
established history of safety and may be
converted into regulations. Adoption of
these exemptions as rules of general
applicability provides wider access to
benefits of the provisions granted in
these exemptions. Additionally, these
changes eliminate the need for the
current holders to reapply for extension
of the exemptions every two years and
for us to process these renewal requests.
In addition, we are making minor
revisions to the requirements for use of
packagings authorized under
exemptions. We have identified the
following subjects as suitable for
incorporation into the HMR in this final
rule:
Salvage cylinders: The use of nonDOT specification salvage cylinders for
the overpacking and transportation in
commerce of damaged or leaking
cylinders of certain pressurized and
non-pressurized hazardous materials
has been authorized under various
exemptions for several years. The
exemptions affected are DOT–E 9507,
9781, 9991, 10022, 10110, 10151, 10323,
10372, 10504, 10519, 10789, 10987,
11257, 11459, 12698, 12790, and 12898.
This final rule also responds to a
petition for rulemaking (P–1168)
submitted by the Chlorine Institute, Inc.
Meter provers: A mechanical
displacement meter prover is a
mechanical device, permanently
mounted on a truck or trailer, consisting
of a piping system that is used to
calibrate the accuracy and performance
of meters that measure the quantity of
product being pumped or transferred at
facilities such as drilling locations,
refineries, tank farms and loading racks.
Exemptions provide relief from both
bulk and non-bulk specification
packaging requirements for mechanical
displacement meter provers that are
either truck or trailer mounted. The
hazardous materials provided for are in
Class 3 and Division 2.1. The
exemptions affected are DOT–E 8278,
9004, 9048, 9162, 9287, 9305, 9352,
10228, 10596, 10765, 12047, and 12808.
Segregation: Exemptions provide
relief from the segregation requirements
in §§ 174.81, 176.83 and 177.848 which
prohibit storage, loading, and
transportation of (1) cyanides, cyanide
mixtures or solutions with acids; and (2)
Division 4.2 materials with Class 8
liquids, on the same transport vehicle.
The exemptions affected are DOT–E
9723, 9769, 10441, 10933, 11153, and
11294.
RSPA received six comments in
response to the NPRM. These comments
were submitted by representatives of
trade organizations, hazardous materials
shippers and carriers, and packaging
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manufacturers. Most commenters
expressed support for various proposals,
but several raised concerns about
certain provisions in the proposal that
are discussed below.
The following is a section-by-section
summary of the changes, and where
applicable, a discussion of comments
received.
Section-by-Section Review
Part 171
Section 171.7
We are incorporating by reference
chapters II, III, IV, V and VI of the
American Society of Mechanical
Engineers (ASME) ‘‘Pipeline
Transportation Systems for Liquid
Hydrocarbons and other Liquids,’’
ASME B31.4–1998 Edition. See the
§ 173.3 preamble discussion.
We are also updating the entry for the
Compressed Gas Association’s Pamphlet
C–6 to include a reference to § 173.3.
Part 173
Section 173.3
We are authorizing the use of salvage
cylinders for overpacking a damaged or
leaking cylinder containing hazardous
materials other than Class 1 or 7 or
acetylene. Salvage cylinders must be
designed, constructed and marked in
accordance with section VIII, division I
of the ASME Code. Salvage cylinders
are limited to a maximum capacity of
450 L (119 gallons). Contents of the
damaged cylinder must be limited in
pressure and volume so that if the
cylinder totally discharges into the
salvage cylinder, the pressure in the
salvage cylinder will not exceed the
maximum allowable working pressure
(MAWP). We have authorized the use of
salvage cylinders under exemptions for
several years with a safe and satisfactory
transportation experience. Materials in
Classes 1 and 7 and acetylene were not
authorized under the terms of these
exemptions; therefore, we have no
transportation experience and are not
including them in this final rule.
Salvage cylinders must be retested in
accordance with the Compressed Gas
Association’s (CGA) Pamphlet C–6;
however, because a salvage cylinder is
not a DOT specification cylinder, the
requirement for a Requalification
Identification Number (RIN) does not
apply.
In the NPRM, in paragraph (d)(2), we
proposed that a ‘‘salvage cylinder must
have provisions for securely positioning
the damaged cylinder therein.’’ A
commenter, Air Products, pointed out
that not all cylinders have ‘‘provisions’’
for securing a damaged cylinder and
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asked RSPA to clarify what we meant.
The intent of this requirement is to
ensure that a damaged cylinder is
secured in any manner that will prevent
excessive motion during transportation;
this could mean devices to secure the
damaged cylinder or it could be
compatible cushioning material that
surrounds the damaged cylinder and
restricts movement in the salvage
cylinder. We revised the language in
§ 173.3(d)(2) to reflect our intent.
In the NPRM, we proposed that the
contents of the damaged cylinder must
be limited in pressure and volume so
that if totally discharged into the salvage
cylinder, the pressure in the salvage
cylinder will not exceed the MAWP at
21 °C (70 °F) for non-liquefied gases, or
55 °C (131 °F) for liquefied gases. A
commenter stated that under this
proposal certain liquefied gases, such as
carbon dioxide and nitrous oxide liquid,
could not be transported in currently
available salvage cylinders unless
controls are employed to prevent the
pressure from exceeding the MAWP.
The commenter suggested that one way
to control the pressure in a salvage
cylinder would be refrigeration or,
alternatively in the case of short
distances in extremely hot
environments, the use of a canopy to
shade a salvage cylinder being
transported on an open trailer. Under
the exemption program, neither of these
methods was authorized to prevent
exceeding the MAWP. Instead of the
pressure limits proposed in the NPRM,
we amended paragraph (d)(4) to state
that the contents of the damaged
cylinder must be limited in pressure
and volume so that if totally discharged
into the salvage cylinder, the pressure in
the salvage cylinder will not exceed 5/
4 of the MAWP at 55 °C (131 °F). An
exception to this is added for liquefied
nitrous oxide and carbon dioxide
cylinders. This is consistent with the
general requirements for shipment of
compressed gases in cylinders in
§ 173.301.
The same commenter requested that
we allow placement of the
requalification marking on a metal plate
affixed to the pressure vessel. In the
NPRM, in paragraph (d)(13), we
proposed that each requalified cylinder
‘‘must be durably and legibly marked on
the sidewall * * * ’’, however, we did
not specify how the marking would be
applied to the cylinder. Based on the
commenter’s request, we reconsidered
various means of marking the cylinder
and revised (d)(13) to allow the
requalification marking to be placed on
any portion of the upper end of the
cylinder or on a metal plate
permanently secured to the cylinder. No
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stamping is authorized on the cylinder
sidewall. This is consistent with the
requalification markings in § 180.213(b)
and does not compromise the integrity
of the cylinder.
In the NPRM we proposed that a
salvage cylinder must be visually
inspected and pressure tested every two
years. The Chlorine Institute pointed
out that in § 180.209 of the HMR we
require cylinder requalification every
five years for most cylinders. The
commenter stated that a ‘‘two year
interval is unwarranted and would
result in an increased burden to the
industry.’’ We agree with the
commenter and are adopting a
requalification frequency of five years.
The Chlorine Institute also suggested
that we should require all gaskets,
valves and fittings be compatible with
the hazardous materials overpacked in
the salvage cylinder. We agree. Since all
requirements for use of salvage
cylinders are contained in § 173.3(d), we
are adding a new paragraph to include
compatibility requirements for all
gaskets, valves and fittings. We are also
reformatting paragraph (d) for clarity.
Section 173.5a
We are editorially revising the
requirements in § 173.5a and
redesignating the current requirements
as paragraph (a). We are also adding a
new paragraph (b) to include provisions
for the transportation of mechanical
displacement meter provers. We have
authorized the transportation of
mechanical displacement meter provers
under exemptions for several years with
a safe and satisfactory transportation
experience. A mechanical displacement
meter prover is excepted from the
specification packaging requirements
when: (1) They have a capacity not over
1,000 gallons; (2) they are permanently
mounted on a truck chassis or a trailer;
and (3) they contain only the residue of
a Class 3 or Division 2.1 material. A
mechanical displacement meter prover
must be designed and constructed in
accordance with certain provisions
specified in the ASME Standard B31.4,
and is subject to periodic visual
inspection and hydrostatic retesting. We
did not receive any comments on this
proposal and are adopting the
amendment as proposed.
Section 173.12
We are amending paragraph (b) to
allow lab packs to also be transported
for disposal and recovery by rail and
cargo vessel. Currently, § 173.12
authorizes the transportation of lab
packs for disposal and recovery by
highway only. However, under certain
exemptions lab packs have been
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authorized to be transported by rail and
cargo vessel. Lab packs are combination
packagings used for the transportation
of waste materials in Class or Division
3, 4.1, 4.2, 4.3, 5.1, 6.1, 8 or 9. Lab packs
are excepted from the specification
packaging requirements for combination
packagings if packaged in accordance
with § 173.12(b).
We are adding a new paragraph (e) in
§ 173.12 to authorize the transportation
of waste cyanides and waste cyanide
mixtures or solutions with acids under
certain conditions. The HMR prohibit
the loading, storage and transportation
of cyanides and cyanide mixtures or
solutions on the same transport vehicle
with acids, if a mixture of the materials
would generate hydrogen cyanide (see
§§ 174.81, 176.83, and 177.848).
Transportation of these materials on the
same transport vehicle has been
authorized under the terms of numerous
exemptions with certain packaging and
segregation requirements with a
satisfactory and safe transportation
experience. The exemptions affected are
DOT–E 9723, 9769, 10441, and 10933.
The NPRM proposed a maximum
quantity limit of 1 kg for waste cyanides
and waste cyanide mixtures and 1 L per
inner receptacle for waste cyanide
solutions. One commenter supported
our proposal unconditionally. Another
commenter, Onyx Environmental
Services L.L.C., believes the ‘‘quantity
limits for inner packagings are overly
restrictive’’ and recommends that we
allow up to 2 kg (4.4 lbs) or 2 L (0.6
gallon) net of cyanides per inner
receptacle. The commenter pointed out
that under a current exemption (DOT–
E 13192) RSPA has allowed 2 kg per
inner packaging. We agree with the
commenter and are revising the quantity
limits per inner packaging from 1 kg to
2 kg for solids and from 1 L to 2 L for
liquids in this final rule.
We are also authorizing the
transportation of waste Division 4.2
materials with Class 8 liquids under
certain conditions. Storage, loading and
transportation of Division 4.2 materials
with Class 8 liquids on the same
transport vehicle or storage facility is
prohibited by the HMR. However, we
have authorized the transportation of
these materials on the same transport
vehicle under various exemptions and
specified conditions with a safe and
satisfactory transportation experience.
The exemptions affected are DOT–E
11153 and 11294. In the NPRM we
proposed a maximum quantity limit of
1 kg per inner packaging. Onyx
Environmental Services L.L.C. requested
that we allow 2 kg of Division 4.2
material instead of 1 kg for the
exception in 173.12(e)(2)(iii). We agree
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with the commenter and are allowing 2
kg per inner packaging for solids in this
final rule.
The same commenter requested we
clarify that the quantity limits for inner
packagings set forth in paragraph (e)(1)
and (e)(2) are the net amounts of
hazardous material, and not the gross
weight of the package. We believe that
the proposed language clearly indicates
that quantity limits apply to the
hazardous material in the inner
packaging and not the completed
package, and, therefore, are not
amending this language.
In the NPRM we proposed certain
separation requirements. Specifically,
we stated that the cyanide materials and
the Division 4.2 materials must be
‘‘secured on pallets of not less than 100
mm (4 inches) in height.’’ A commenter
suggested that in addition to securement
on pallets, we allow the hazardous
material to be otherwise elevated at least
100 mm (4 inches) off the floor of the
freight container, unit load device,
transport vehicle, or rail car. The
commenter stated that this would allow
shippers ‘‘to load lab packs of cyanides
on top of other packages (i.e., 55-gallon
drums) that contain compatible
materials in lieu of using a pallet.’’
Since the intent of this requirement is
to prevent commingling, we agree that
means other than pallets that achieve
this goal may be employed and are
revising § 173.12(e) accordingly.
Readers are reminded that any package
containing any hazardous material, not
permanently attached to a motor
vehicle, must be secured against
movement, including relative motion
between packages, within the vehicle on
which it is being transported.
Section 173.13
Section 173.13 excepts Class or
Division 3, 4.1, 4.2, 4.3, 5.1, 6.1, 8 or 9
materials from labeling and placarding
requirements of the HMR if the material
is packaged in accordance with the
provisions of this section. The current
exception applies to hazardous
materials being transported by motor
vehicle, rail car, or cargo aircraft. For
transportation by cargo aircraft, the
hazardous material must also be
permitted to be transported on cargo
aircraft in column (9B) of the Hazardous
Materials Table (HMT). Section 173.13
restricts the net quantity per inner
packaging to 1 L for liquids and 2.85 kg
for solids and requires triple packaging
which significantly exceeds the
packaging standard currently
authorized. For many years, we have
also authorized transportation by
passenger aircraft with certain
limitations with a safe and satisfactory
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transportation experience. The affected
exemptions are DOT E–7891, 8249,
9168, 10672, 10962, 10977, 11248,
12177, 12230, and 12401. In the NPRM,
we proposed to amend the HMR by
expanding the exception to include
transportation by passenger aircraft with
certain limitations for materials that are
permitted to be transported on
passenger aircraft in column (9A) of the
HMT. The exception provides a level of
safety that is comparable to the level of
safety previously provided under the
exemption program.
Two commenters (Federal Express
and All-Pak) opposed the proposal to
incorporate the provisions allowed
under the exemption program into the
regulations. The commenters expressed
concern about the loss of controls that
are provided under an exemption and
believe that the packaging required
under the exemption program is better
than the packaging required by § 173.13.
FedEx goes on to say they ‘‘believe this
will significantly increase the chance for
packaging failures.’’ An exemption
permits a person to perform a function
that is not otherwise permitted under
the HMR. RSPA believes that the safety
record of the ‘‘poison pack’’ exemption
packagings over the years has shown
that they are safe and are acceptable for
inclusion in the HMR. All-Pak states
that their outer packaging is marked and
certified as a PG I packaging, whereas
§ 173.13 packagings are not. Both,
FedEx and All-Pack, are under the
impression that, as proposed in the
NPRM, ‘‘outer packagings would not be
marked with UN/ICAO packaging
specification markings.’’ We disagree.
All § 173.13 packagings are UN
packages tested at the PG I level.
Furthermore, a packaging that is
represented as manufactured to a UN
standard must be marked as specified in
part 178.
All-Pak questions whether RSPA has
‘‘a sufficient track record upon which to
base the proposed expansion of
authority into passenger air traffic’’
because they believe that there is little
or no substantive experience with
§ 173.13 packages. According to All-Pak,
neither UPS nor FedEx allow packages
prepared in accordance with § 173.13 on
their aircraft. RSPA has knowledge that
§ 173.13 packages are extensively used
by leading life science and high
technology chemical companies and are
accepted by a number of carriers for
both ground and air transportation.
Because UPS and FedEx have made a
business decision not to accept these
packages, there may be less data
concerning the performance of such
packages than there would otherwise
have been. Nevertheless, we believe
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incorporation of these exemption
provisions into the general regulation is
appropriate based on the safe
transportation of packages prepared in
accordance with § 173.13 by other
modes of transportation, as well as on
the safety record of the exemption
program.
FedEx stated that carrier personnel
‘‘have long recognized and been trained
to understand the exemption markings’’
and that carriers who choose to accept
packagings prepared in accordance with
§ 173.13 would be required to retrain
their personnel. In a final rule published
in the Federal Register May 30, 1996
(HM–222B; 61 FR 6480), RSPA
amended the training requirements in
subpart H to require that if a new
regulation is adopted, or an existing
regulation that pertains to a function
performed by a hazmat employee is
changed, the hazmat employee must be
trained in the new or revised functionspecific requirements without regard to
the timing of the three year training
cycle. The only instruction required is
that necessary to assure knowledge of
the new or revised regulatory
requirement. It is not necessary to test
the hazmat employee or retain records
of the instruction provided in the new
or revised requirements until the next
scheduled retraining at or within the
three year cycle.
FedEx also asked RSPA to consider
labeling packages prepared under
exemptions DOT E–7891, 8249, 9168,
10672, 10962, 10977, 11248, 12177,
12230, and 12401. This request is
outside the scope of this rulemaking and
is not addressed here.
Another commenter requested we add
clarifying language to indicate that
packages prepared in accordance with
§ 173.13 are not subject to the
segregation requirements. While
§ 177.848 clearly states that the
segregation requirements apply to
hazardous materials in packages which
require hazard labels, parts 175 and 176
do not contain similar language. It is our
intent to except from the segregation
requirements those packages that are not
required to be labeled in accordance
with part 172 of the HMR. Therefore, we
are revising paragraph (a) to include the
exception from the segregation
requirements.
A commenter questioned why we
allowed transportation of a hazardous
material conforming to the requirements
in § 173.13(b) on a passenger vessel, but
not on a cargo vessel. This was an error
on our part. The first sentence in
paragraph (b) should not have included
the wording ‘‘and passenger vessel.’’
The preamble text in the NPRM reflects
our intent to include transportation by
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passenger aircraft for packages prepared
in accordance with this section. We did
not intend or propose to include
transportation by vessel and, therefore,
in this final rule, are not authorizing
transportation by vessel. Transportation
by vessel may be considered in a future
rulemaking.
After publication of the NPRM, we
found that we had overlooked quantity
limits in column (9) of the HMT for a
number of materials, both liquid and
solid, which are lower than the quantity
limits authorized in § 173.13. To correct
this oversight, in this final rule, we are
limiting the net quantity in one package
to the lesser of the amount specified in
column (9) or the amount authorized in
§ 173.13 for materials transported by
aircraft.
For the reasons cited above, we are
amending § 173.13 of the HMR to
include transportation by passenger
aircraft with certain limitations for
materials that are permitted to be
transported on passenger aircraft in
column (9A) of the HMT. The
provisions in § 173.13 provide a level of
safety that is comparable to the level of
safety previously provided under the
exemption program.
Section 173.22a
We are revising paragraph (b) of
§ 173.22a by removing the requirement
that a copy of each exemption that
authorizes use of a packaging must be
maintained at each facility where the
package is being used in connection
with the transportation of a hazardous
material. Currently, the ‘‘Special
Provisions’’ section of each exemption
states where the exemption must be
maintained, if we believe it is necessary.
We believe that such a requirement
should be handled on a case-by-case
basis and see no need for an across-theboard requirement in the HMR. This
revision also responds to a petition for
rulemaking (P–1293) submitted by W.
W. Grainger, Inc. We are also revising
paragraph (c) of § 173.22a to clarify that
a ‘‘current’’ copy of an exemption must
be provided to the carrier by each
person offering hazardous materials
under the terms of an exemption when
the exemption contains requirements
that apply to the carrier. Additionally,
we are adding the website address
where a copy of an exemption can be
obtained.
Part 174
Section 174.81
We are revising paragraph (c) by
adding a cross-reference to § 173.12(e)
for cyanides, cyanide mixtures or
solutions as well as Division 4.2
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materials and, for clarity and
consistency with § 177.848, amending
the regulatory text. See § 173.12
preamble discussion. We are also
editorially revising paragraph (d) for
clarity.
Part 176
Section 176.83
We are adding a new paragraph
(a)(11) to reference a segregation
exception in § 173.12(e) for lab packs
containing cyanides and cyanide
mixtures or solutions transported with
acids, and for Division 4.2 materials in
lab packs transported with Class 8
liquids. See § 173.12 preamble
discussion.
Section 176.84
We are adding a footnote to paragraph
(b), following Code ‘‘52’’ crossreferencing § 173.12(e) for cyanides and
cyanide mixtures or solutions in lab
packs. See § 173.12 preamble
discussion.
Part 177
Section 177.848
In the NPRM, we proposed to revise
paragraph (c) by adding a crossreference to § 173.12(e) for cyanides,
cyanide mixtures or solutions as well as
Division 4.2 materials. (See § 173.12
preamble discussion.) A commenter
requested that we clarify that the
exception applies to cyanides, cyanide
mixtures or solutions stored, loaded or
transported with acids, and to Division
4.2 materials stored, loaded or
transported with Class 8 liquids. We
agree with the commenter and are
amending the language in § 173.12(e)
accordingly. We are also editorially
revising paragraph (d) for clarity.
II. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This
Rulemaking
1. 49 U.S.C. 5103(b) authorizes the
Secretary of Transportation to prescribe
regulations for the safe transportation,
including security, of hazardous
material in intrastate, interstate, and
foreign commerce.
2. 49 U.S.C. 5117(a) authorizes the
Secretary of Transportation to issue an
exemption from a regulation prescribed
in 5103(b), 5104, 5110, or 5112 of the
Federal Hazardous Materials
Transportation Law to a person
transporting, or causing to be
transported, hazardous material in a
way that achieves a safety level at least
equal to the safety level required under
the law, or consistent with the public
interest, if a required safety level does
not exist. In this rule, we are amending
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regulations by converting certain widely
used exemptions which have
established a history of safety and
which may, therefore, be converted into
the regulations for general use.
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
This final rule is not considered a
significant regulatory action under
section 3(f) and was not reviewed by the
Office of Management and Budget
(OMB). This final rule is not considered
a significant rule under the Regulatory
Policies and Procedures order issued by
the Department of Transportation [44 FR
11034]. The costs and benefits of this
final rule are considered to be so
minimal as to not warrant preparation of
a regulatory impact analysis or a
regulatory evaluation. The provisions of
this final rule provide a relaxation of the
regulations and, as such, impose little or
no additional costs to affected industry.
C. Executive Order 13132
This final rule was analyzed in
accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’). This final rule
preempts State, local and Indian tribe
requirements but does not impose any
regulation that has substantial direct
effects on the states, the relationship
between the national government and
the States, or the distribution of power
and responsibilities among the various
levels of government. Therefore, the
consultation and funding requirements
of Executive Order 13132 do not apply.
Federal hazardous material
transportation law, 49 U.S.C. 5101–
5127, contains an express preemption
provision (49 U.S.C. 5125(b))
preempting State, local, and Indian tribe
requirements on certain covered
subjects. Covered subjects are:
(1) The designation, description, and
classification of hazardous materials;
(2) The packing, repacking, handling,
labeling, marking, and placarding of
hazardous materials;
(3) The preparation, execution, and
use of shipping documents related to
hazardous materials and requirements
related to the number, contents, and
placement of those documents;
(4) The written notification,
recording, and reporting of the
unintentional release in transportation
of hazardous materials; or
(5) The design, manufacture,
fabrication, marking, maintenance,
reconditioning, repair, or testing of a
packaging or container represented,
marked, certified, or sold as qualified
for use in transporting hazardous
material.
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This final rule concerns classification,
packaging, marking, labeling, and
handling of hazardous materials, among
other covered subjects and preempts
any State, local, or Indian tribe
requirements concerning these subjects
unless the non-Federal requirements are
‘‘substantively the same’’ (see 49 CFR
107.202(d)) as the Federal requirements.
Federal hazardous materials
transportation law provides at 49 U.S.C.
5125(b)(2) that if RSPA issues a
regulation concerning any of the
covered subjects, RSPA must determine
and publish in the Federal Register the
effective date of Federal preemption.
The effective date may not be earlier
than the 90th day following the date of
issuance of the final rule and not later
than two years after the date of issuance.
The effective date of preemption is 90
days from the publication of this final
rule in the Federal Register.
D. Executive Order 13175
This final rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
Because this final rule does not have
tribal implications, does not impose
substantial direct compliance costs on
Indian tribal governments, and does not
preempt tribal law, the funding and
consultation requirements of Executive
Order 13175 do not apply, and a tribal
summary impact statement is not
required.
E. Regulatory Flexibility Act, Executive
Order 13272, and DOT Procedures and
Policies
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires an agency to
review regulations to assess their impact
on small entities. An agency must
conduct a regulatory flexibility analysis
unless it determines and certifies that a
rule is not expected to have a significant
impact on a substantial number of small
entities. This final rule incorporates into
the Hazardous Materials Regulations
certain widely used exemptions. These
amendments relax certain requirements,
while maintaining safety. The
amendments also result in modest cost
savings and do not impose significant
impacts on any of the entities, small or
otherwise, potentially affected by the
rule. Therefore, I certify this rule will
not have a significant economic impact
on a substantial number of small
entities.
This final rule has been developed in
accordance with Executive Order 13272
(‘‘Proper Consideration of Small Entities
in Agency Rulemaking’’) and DOT’s
procedures and policies to promote
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compliance with the Regulatory
Flexibility Act to ensure that potential
impacts of draft rules on small entities
are properly considered.
F. Paperwork Reduction Act
RSPA has current information
collection approvals under: OMB No.
2137–0051, ‘‘Rulemaking, Exemption,
and Preemption Requirements,’’ with
4,219 burden hours and an expiration
date of May 31, 2006; and OMB No.
2137–0022, ‘‘Testing, Inspection, and
Marking of Cylinders,’’ with 168,431
burden hours and an expiration date of
September 30, 2005. We do not
anticipate any significant change in
burden of these current information
collections as a result of this final rule.
Section 1320.8(d), Title 5, Code of
Federal Regulations requires that RSPA
provide interested members of the
public and affected agencies an
opportunity to comment on information
collection and recordkeeping requests.
This notice identifies a new information
collection request under OMB No.
2137–xxxx, ‘‘Inspection and Testing of
Meter Provers’’ as proposed under this
rule requiring annual visual inspections
and 5-year pressure tests for meter
provers. RSPA has submitted this new
information collection request to the
Office of Management and Budget
(OMB) for approval based on the
requirements in this final rule. This new
information collection will be assigned
an OMB control number after review
and approval by OMB. We estimate that
this new information collection burden
will be as follows:
OMB No. 2137–xxxx, ‘‘Inspection and
Testing of Meter Provers’’:
Annual Number of Respondents: 50.
Annual Responses: 250.
Annual Burden Hours: 175.
Annual Burden Cost: $9,500.00.
Requests for a copy of this
information collection should be
directed to Deborah Boothe or T. Glenn
Foster, Office of Hazardous Materials
Standards (DHM–10), Research and
Special Programs Administration, Room
8430, 400 Seventh Street, SW.,
Washington, DC 20590–0001,
Telephone (202) 366–8553. We will
publish a notice advising interested
parties of the OMB control number for
this information collection when
assigned by OMB.
G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN)
is assigned to each regulatory action
listed in the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. The RIN number contained in the
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heading of this document can be used
to cross-reference this action with the
Unified Agenda.
J. Privacy Act
49 CFR Part 176
Hazardous materials transportation,
Maritime carriers, Radioactive materials,
Reporting and recordkeeping
requirements.
This final rule does not impose
unfunded mandates under the
Unfunded Mandates Reform Act of
1995. It does not result in costs of
$120.7 million or more to either State,
local or tribal governments, in the
aggregate, or to the private sector, and
is the least burdensome alternative that
achieves the objective of the rule.
Anyone is able to search the
electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
document (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477) or you may visit https://
dms.dot.gov.
I. Environmental Assessment
List of Subjects
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
The National Environmental Policy
Act of 1969 (NEPA), as amended (42
U.S.C. 4321–4347), requires Federal
agencies to consider the consequences
of major Federal actions and prepare a
detailed statement on actions
significantly affecting the quality of the
human environment. We developed an
assessment to determine the effects of
these revisions on the environment and
whether a more comprehensive
environmental impact statement may be
required. We have concluded that there
are no significant environmental
impacts associated with this final rule.
We received no comments concerning
environmental impacts.
49 CFR Part 171
I
Exports, Hazardous materials
transportation, Hazardous waste,
Imports, Incorporation by reference,
Reporting and recordkeeping
requirements.
Authority: 49 U.S.C. 5101–5127, 44701; 49
CFR 1.45 and 1.53; Pub. L. 101–410 section
4 (28 U.S.C. 2461 note); Pub. L. 104–134
section 31001.
H. Unfunded Mandates Reform Act
49 CFR Part 177
Hazardous materials transportation,
Motor carriers, Radioactive materials,
Reporting and recordkeeping
requirements.
In consideration of the foregoing, 49
CFR chapter I is amended as follows:
I
1. The authority citation for part 171
continues to read as follows:
2. In § 171.7, in the paragraph (a)(3)
table, under the entry ‘‘American Society
of Mechanical Engineers’’, a new entry is
added in appropriate alphabetical order
and under the entry ‘‘Compressed Gas
Association, Inc.’’, an entry is revised to
read as follows:
I
49 CFR Part 173
Hazardous materials transportation,
Incorporation by reference, Packaging
and containers, Radioactive materials,
Reporting and recordkeeping
requirements, Uranium.
§ 171.7
49 CFR Part 174
Hazardous materials transportation,
Radioactive materials, Railroad safety.
Reference material.
(a) * * *
(3) Table of material incorporated by
reference. * * *
Source and name of material
*
*
49 CFR reference
*
*
*
American Society of Mechanical Engineers
*
*
*
*
*
*
*
Pipeline Transportation Systems for Liquid Hydrocarbons and other Liquids, Chapters II, III, IV, V and VI, ASME
B31.4–1998 Edition
*
*
*
*
*
Compressed Gas Association, Inc.
*
*
*
*
*
*
CGA Pamphlet C–6, Standards for Visual Inspection of Steel Compressed Gas Cylinders, 1993
*
*
*
3. The authority citation for part 173
continues to read as follows:
I
Authority: 49 U.S.C. 5101–5127, 44701; 49
CFR 1.45, 1.53.
15:24 Jan 21, 2005
Jkt 205001
*
*
*
173.5a.
*
*
173.3, 173.198, 180.205,
180.209, 180.211,
180.411, 180.519.
*
salvage cylinder under the following
4. In § 173.3, paragraph (d) is
redesignated as paragraph (e) and a new conditions:
paragraph (d) is added to read as follows:
(1) Only a cylinder containing a
Division 2.1, 2.2, 2.3, 3, 6.1, or a Class
§ 173.3 Packaging and exceptions.
8 material may be overpacked in a
*
*
*
*
*
salvage cylinder. A cylinder containing
(d) Salvage cylinders. Cylinders of
hazardous materials that are damaged or acetylene may not be overpacked in a
salvage cylinder.
leaking may be overpacked in a nonDOT specification full opening hinged
(2) Each salvage cylinder—
head or fully removable head steel
I
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
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*
*
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(i) Must be designed, constructed and
marked in accordance with Section VIII,
Division I of the ASME Code (IBR, see
§ 171.7 of this subchapter) with a
minimum design margin of 4 to 1.
Salvage cylinders may not be equipped
with a pressure relief device. Damaged
cylinders must be securely positioned in
the salvage cylinder to prevent
excessive movement. The overpack
requirements of § 173.25 of this part do
not apply to salvage cylinders used in
accordance with this section.
(ii) Must have a maximum water
capacity of 450 L (119 gallons).
(iii) Except for liquefied nitrous oxide
and carbon dioxide, contents of the
damaged or leaking cylinder must be
limited in pressure and volume so that
if totally discharged into the salvage
cylinder, the pressure in the salvage
cylinder will not exceed 5⁄4 of the
MAWP at 55 °C (131 °F).
(iv) Must have gaskets, valves and
fittings that are compatible with the
hazardous materials contained within.
(3) Each salvage cylinder must be
plainly and durably marked. Unless
otherwise specified, the markings below
must be in the same area on any portion
of the upper end:
(i) The proper shipping name of the
hazardous material contained inside the
packaging;
(ii) The name and address of the
consignee or consignor;
(iii) The name and address or
registered symbol of the manufacturer;
and
(iv) The words ‘‘SALVAGE
CYLINDER’’ in letters at least 50 mm
(2.0 inches) high on opposite sides near
the middle of the cylinder; stamping on
the sidewall is not authorized.
(4) Each salvage cylinder must be
labeled for the hazardous material
contained inside the packaging.
(5) The shipper must prepare
shipping papers in accordance with
subpart C of part 172 of this subchapter.
(6) Transportation is authorized by
motor vehicle only.
(7) Each salvage cylinder must be
cleaned and purged after each use.
(8) In addition to the training
requirements of §§ 172.700 through
172.704 of this subchapter, a person
who loads, unloads or transports a
salvage cylinder must be trained in
handling, loading and unloading the
salvage cylinder.
(9) Cylinder Requalification: At least
once every five years, each cylinder
must be visually inspected (internally
and externally) in accordance with CGA
Pamphlet C–6 (IBR, see § 171.7 of this
subchapter) and pressure tested. A
minimum test pressure of at least 11⁄2
times MAWP must be maintained for at
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15:24 Jan 21, 2005
Jkt 205001
least 30 seconds. The cylinder must be
examined under test pressure and
removed from service if a leak or a
defect is found.
(i) The retest and inspection must be
performed by a person familiar with
salvage cylinders and trained and
experienced in the use of the inspection
and testing equipment.
(ii) Each salvage cylinder that is
successfully requalified must be durably
and legibly marked with the word
‘‘Tested’’ followed by the requalification
date (month/year), e.g., ‘‘Tested 9/04.’’
The marking must be in letters and
numbers at least 12 mm (0.5 inches)
high. The requalification marking may
be placed on any portion of the upper
end of the cylinder near the marking
required in (d)(3) of this section or on
a metal plate permanently secured to
the cylinder. Stamping on the cylinder
sidewall is not authorized.
(10) Record retention: The owner of
each salvage cylinder or his authorized
agent shall retain a record of the most
recent visual inspection and pressure
test until the salvage cylinder is
requalified. The records must be made
available to a DOT representative upon
request.
*
*
*
*
*
I 5. Section 173.5a is revised to read as
follows:
§ 173.5a Oilfield service vehicles and
mechanical displacement meter provers.
(a) Oilfield service vehicles.
Notwithstanding § 173.29 of this
subchapter, a cargo tank motor vehicle
used in oilfield servicing operations is
not subject to the specification
requirements of this subchapter
provided—
(1) The cargo tank and equipment
contains only residual amounts (i.e., it
is emptied so far as practicable) of a
flammable liquid alone or in
combination with water,
(2) No flame producing device is
operated during transportation, and
(3) The proper shipping name is
preceded by ‘‘RESIDUE: LAST
CONTAINED * * * ’’ on the shipping
paper for each movement on a public
highway.
(b) Mechanical displacement meter
provers. (1) For purposes of this section,
a mechanical displacement meter prover
is a mechanical device, permanently
mounted on a truck chassis or trailer
and transported by motor vehicle,
consisting of a pipe assembly that is
used to calibrate the accuracy and
performance of meters that measure the
quantity of a product being pumped or
transferred at facilities such as drilling
locations, refineries, tank farms and
loading racks.
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(2) A mechanical displacement meter
prover is excepted from the
specification packaging requirements in
part 178 of this subchapter provided
it—
(i) Contains only the residue of a Class
3 or Division 2.1 material. For liquids,
the meter prover must be drained to the
maximum extent practicable and may
not exceed 10% of its capacity; for
gases, the meter prover must not exceed
25% of the marked pressure rating;
(ii) Has a water capacity of 3,785 L
(1,000 gallons) or less;
(iii) Is designed and constructed in
accordance with chapters II, III, IV, V
and VI of the ASME Standard B31.4
(IBR, see § 171.7 of this subchapter);
(iv) Is marked with the maximum
service pressure determined from the
pipe component with the lowest
pressure rating; and
(v) Is equipped with rear-end
protection as prescribed in § 178.337–
10(c) of this subchapter and with 49
CFR 393.86 of the Federal Motor Carrier
Safety Regulations.
(3) The description on the shipping
paper for a meter prover containing the
residue of a hazardous material must
include the phrase ‘‘RESIDUE: LAST
CONTAINED * * * ’’ before the basic
description.
(4) Periodic test and inspection. (i)
Each meter prover must be externally
visually inspected once a year. The
external visual inspection must include
at a minimum: checking for leakage,
defective fittings and welds, defective
closures, significant dents and other
defects or abnormalities which indicate
a potential or actual weakness that
could render the meter prover unsafe for
transportation; and
(ii) Each meter prover must be
pressure tested once every 5 years at not
less than 75% of design pressure. The
pressure must be held for a period of
time sufficiently long to assure
detection of leaks, but in no case less
than 5 minutes.
(5) In addition to the training
requirements in subpart H, the person
who performs the visual inspection or
pressure test and/or signs the inspection
report must have the knowledge and
ability to perform them as required by
this section.
(6) A meter prover that fails the
periodic test and inspection, must be
rejected and removed from hazardous
materials service unless the meter
prover is adequately repaired, and
thereafter, a successful test is conducted
in accordance with the requirements of
this section.
(7) Prior to any repair work, the meter
prover must be emptied of any
hazardous material. A meter prover
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containing flammable lading must be
purged.
(8) Each meter prover successfully
completing the external visual
inspection and the pressure test must be
marked with the test date (month/year),
the type of test or inspection as follows:
(i) V for external visual inspection;
and
(ii) P for pressure test.
The marking must be on the side of
a tank or the largest piping component
in letters 32 mm (1.25 inches) high on
a contrasting background.
(9) The owner must retain a record of
the most recent external visual
inspection and pressure test until the
next test or inspection of the same type
successfully completed. The test or
inspection report must include the
following:
(i) Serial number or other meter
prover identifier;
(ii) Type of test or inspection
performed;
(iii) Test date (month/year);
(iv) Location of defects found, if any,
and method used to repair each defect;
(v) Name and address of person
performing the test or inspection;
(vi) Disposition statement, such as
‘‘Meter Prover returned to service’’ or
‘‘Meter Prover removed from service’’.
I 6. In § 173.12, paragraph (b)(1), the first
sentence is revised and a new paragraph
(e) is added to read as follows:
§ 173.12 Exceptions for shipment of waste
materials.
*
*
*
*
*
(b) * * *
(1) Waste materials classed as Class or
Division 3, 4.1, 4.2, 4.3, 5.1, 6.1, 8, or
9 are excepted from the specification
packaging requirements of this
subchapter for combination packagings
if packaged in accordance with this
paragraph and transported for disposal
or recovery by highway, rail or cargo
vessel only. * * *
*
*
*
*
*
(e) Exceptions from segregation
requirements. (1) The provisions of
§§ 174.81(c), 176.83(b) and 177.848(c) of
this subchapter do not apply to waste
cyanides or waste cyanide mixtures or
solutions stored, loaded, or transported
with acids in accordance with the
following:
(i) The waste cyanides or waste
cyanide mixtures or solutions must be
packaged in lab packs in accordance
with paragraph (b) of this section;
(ii) The Class 8 acids must be
packaged in lab packs in accordance
with paragraph (b) of this section or in
authorized single packagings not
exceeding 208 L (55 gallons) capacity;
(iii) Waste cyanides or waste cyanide
mixtures may not exceed 2 kg (4.4
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Jkt 205001
pounds) per inner receptacle and may
not exceed 10 kg (22 pounds) per outer
packaging; waste cyanide solutions may
not exceed 2 L (0.6 gallon) per inner
receptacle and may not exceed 10 L (3.0
gallons) per outer packaging.
(iv) The waste cyanides or waste
cyanide mixtures or solutions must be—
(A) Separated from the acids by a
minimum horizontal distance of 1.2 m
(4 feet); and
(B) Loaded at least 100 mm (4 inches)
off the floor of the freight container, unit
load device, transport vehicle or rail car.
(2) The provisions of §§ 174.81(d),
176.83(b) and 177.848(d) of this
subchapter do not apply to waste
Division 4.2 materials stored, loaded or
transported with Class 8 liquids in
accordance with the following:
(i) The waste Division 4.2 materials
are packaged in lab packs in accordance
with paragraph (b) of this section;
(ii) The Class 8 liquids are packaged
in lab packs in accordance with
paragraph (b) of this section or in
authorized single packagings not
exceeding 208 L (55 gallons) capacity;
(iii) The waste Division 4.2 materials
may not exceed 2 kg (4.4 pounds) per
inner receptacle and may not exceed 10
kg (22 pounds) per outer packaging;
(iv) The waste Division 4.2 materials
must be separated from the Class 8
liquids by a minimum horizontal
distance of 1.2 m (4 feet);
(v) The waste Division 4.2 materials
and the Class 8 liquids are loaded at
least 100 mm (4 inches) off the floor of
the freight container, unit load device,
transport vehicle or rail car.
*
*
*
*
*
I 7. In § 173.13, the first sentence in
paragraph (a) is revised and paragraphs
(b), (c)(1)(i) and (c)(2)(i) are revised to
read as follows:
§ 173.13 Exceptions for Class 3, Divisions
4.1, 4.2, 4.3, 5.1, 6.1, and Classes 8 and 9
materials.
(a) A Class 3, 8 or 9, or Division 4.1,
4.2, 4.3, 5.1, or 6.1 material is excepted
from the labeling (except for the CARGO
AIRCRAFT ONLY label), placarding and
segregation requirements of this
subchapter if prepared for
transportation in accordance with the
requirements of this section. * * *
(b) A hazardous material conforming
to the requirements of this section may
be transported by motor vehicle and rail
car. In addition, packages prepared in
accordance with this section may be
transported by aircraft under the
following conditions:
(1) Cargo-only aircraft. Only
hazardous materials permitted to be
transported aboard either a passenger or
cargo-only aircraft by column (9A) or
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3309
(9B) of the Hazardous Materials Table in
§ 172.101 of this subchapter are
authorized aboard cargo-only aircraft.
(2) Passenger carrying aircraft. Only
hazardous materials permitted to be
transported aboard a passenger aircraft
by column (9A) of the Hazardous
Materials Table in § 172.101 of this
subchapter are authorized aboard
passenger aircraft. The completed
package, assembled as for
transportation, must be successfully
tested in accordance with part 178 of
this subchapter at the Packing Group I
level. A hazardous material which
meets the definition of a Division 5.1
(oxidizer) at the Packing Group I level
in accordance with § 173.127(b)(1)(i) of
this subchapter may not be transported
aboard a passenger aircraft.
(3) Packages offered for transportation
aboard either passenger or cargo-only
aircraft must meet the requirements for
transportation by aircraft specified in
§ 173.27 of this subchapter.
(c) * * *
(1) * * *
(i) The hazardous material must be
placed in a tightly closed glass, plastic
or metal inner packaging with a
maximum capacity not exceeding 1.2 L.
Sufficient outage must be provided such
that the inner packaging will not
become liquid full at 55 °C (130 °F). The
net quantity (measured at 20 °C (68 °F))
of liquid in any inner packaging may
not exceed 1 L. For transportation by
aircraft, the net quantity in one package
may not exceed the quantity specified in
columns (9A) or (9B), as appropriate.
*
*
*
*
*
(2) * * *
(i) The hazardous material must be
placed in a tightly closed glass, plastic
or metal inner packaging. The net
quantity of material in any inner
packaging may not exceed 2.85kg (6.25
pounds). For transportation by aircraft,
the net quantity in one package may not
exceed the quantity specified in
columns (9A) or (9B), as appropriate.
*
*
*
*
*
§ 173.22a
[Amended]
8. Amend § 173.22a:
a. In paragraph (b), by removing the
second sentence; and revising the last
sentence.
I b. In paragraph (c), by adding the word
‘‘current’’ between the words ‘‘the’’ and
‘‘exemption’’ the last time it appears. The
revision reads as follows:
I
I
§ 173.22a Use of packagings authorized
under exemptions.
*
*
*
*
*
(b) * * * Copies of exemptions may
be obtained by accessing the Hazardous
Materials Safety Web site at https://
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hazmat.dot.gov/exemptions_index.htm
or by writing to the Associate
Administrator for Hazardous Materials
Safety, U.S. Department of
Transportation, Washington, DC 20590–
0001, Attention: Records Center.
*
*
*
*
*
Notification of fishery
assignments.
ACTION:
Code
*
Provisions
*
52 ..............
*
*
*
Stow ‘‘separated from’’ acids.1
PART 174—CARRIAGE BY RAIL
*
9. The authority citation for part 174
continues to read as follows:
1 For waste cyanides or waste cyanide mixtures or solutions, refer to § 173.12(e) of this
subchapter.
I
Authority: 49 U.S.C. 5101–5127; 49 CFR
1.53.
10. In § 174.81, paragraphs (c) and (d)
are revised to read as follows:
I
§ 174.81 Segregation of hazardous
materials.
*
*
*
*
*
(c) Except as provided in § 173.12(e)
of this subchapter, cyanides, cyanide
mixtures or solutions may not be stored,
loaded and transported with acids, and
Division 4.2 materials may not be
stored, loaded and transported with
Class 8 liquids.
(d) Except as otherwise provided in
this subchapter, hazardous materials
must be stored, loaded or transported in
accordance with the following table and
other provisions of this section:
*
*
*
*
*
PART 176—CARRIAGE BY VESSEL
11. The authority citation for part 176
continues to read as follows:
I
Authority: 49 U.S.C. 5101–5127; 49 CFR
1.53.
12. In § 176.83, new paragraph (a)(11)
is added to read as follows:
I
§ 176.83
Segregation.
*
*
*
*
PART 177—CARRIAGE BY PUBLIC
HIGHWAY
14. The authority citation for part 177
continues to read as follows:
I
Authority: 49 U.S.C. 5101–5127; 49 CFR
1.53.
15. In § 177.848, paragraphs (c) and (d)
are revised to read as follows:
I
§ 177.848 Segregation of hazardous
materials.
*
*
*
*
*
(c) Except as provided in § 173.12(e)
of this subchapter, cyanides, cyanide
mixtures or solutions may not be stored,
loaded and transported with acids, and
Division 4.2 materials may not be
stored, loaded and transported with
Class 8 liquids.
(d) Except as otherwise provided in
this subchapter, hazardous materials
must be stored, loaded or transported in
accordance with the following table and
other provisions of this section:
*
*
*
*
*
Issued in Washington, DC, on January 14,
2005, under authority delegated in 49 CFR
part 1.
Elaine E. Joost,
Acting Deputy Administrator, Research and
Special Programs Administration.
[FR Doc. 05–1113 Filed 1–21–05; 8:45 am]
BILLING CODE 4910–60–P
(a) * * *
(11) Certain exceptions from
segregation for waste cyanides or waste
cyanide mixtures or solutions
transported with acids and waste
Division 4.2 materials transported with
Class 8 liquids are set forth in
§ 173.12(e) of this subchapter.
*
*
*
*
*
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 041202338–4338–01; I.D.
011305B]
13. In § 176.84, in the paragraph (b)
Table, following Code ‘‘52’’, a footnote is
Fisheries of the Exclusive Economic
added to read as follows:
Zone Off Alaska; Atka Mackerel Lottery
in Areas 542 and 543
§ 176.84 Other requirements for stowage
I
and segregation for cargo vessels and
passenger vessels.
*
*
*
(b) * * *
VerDate jul<14>2003
*
*
15:24 Jan 21, 2005
Jkt 205001
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
SUMMARY: NMFS is notifying the owners
and operators of registered vessels of
their assignments for the A season Atka
mackerel fishery in harvest limit area
(HLA) 542 and/or 543 of the Aleutian
Islands subarea of the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary to allow
the harvest of the A season HLA limits
established for area 542 and area 543
pursuant to the interim 2005 harvest
specifications for groundfish in the
BSAI.
Effective 1200 hrs, Alaska local
time (A.l.t.), January 21, 2005, until
1200 hrs, A.l.t., April 15, 2005.
FOR FURTHER INFORMATION CONTACT:
Andy Smoker, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for the Groundfish Fishery of the
Bering Sea and Aleutian Islands
Management Area (FMP) prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
In accordance with
§ 679.20(a)(8)(iii)(A), owners and
operators of vessels using trawl gear for
directed fishing for Atka mackerel in the
HLA are required to register with
NMFS. Six vessels have registered with
NMFS to fish in the A season HLA
fisheries in areas 542 and/or 543. In
order to reduce the amount of daily
catch in the HLA by about half and to
disperse the fishery over time and in
accordance with § 679.20(a)(8)(iii)(B),
the Administrator, Alaska Region,
NMFS, has randomly assigned each
vessel to the HLA directed fishery for
Atka mackerel for which they have
registered and is now notifying each
vessel of its assignment.
Vessels authorized to participate in
the first HLA directed fishery in area
542 and/or in the second HLA directed
fishery in area 543 in accordance with
§ 679.20(a)(8)(iii) are as follows: Federal
Fishery Permit number (FFP) 4093
Alaska Victory, FFP 2443 Alaska Juris,
and FFP 3400 Alaska Ranger.
Vessels authorized to participate in
the first HLA directed fishery in area
543 and/or the second HLA directed
fishery in area 542 in accordance with
§ 679.20(a)(8)(iii) are as follows: FFP
DATES:
E:\FR\FM\24JAR1.SGM
24JAR1
Agencies
[Federal Register Volume 70, Number 14 (Monday, January 24, 2005)]
[Rules and Regulations]
[Pages 3302-3310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1113]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171, 173, 174, 176, and 177
[Docket No. RSPA-03-16370 (HM-233)]
RIN 2137-AD84
Hazardous Materials; Incorporation of Exemptions Into Regulations
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the Hazardous Materials Regulations by
incorporating into the regulations the provisions of certain widely
used exemptions which have established a history of safety and which
may be converted into regulations for general use. We are also making
minor revisions to the requirements for use of packagings authorized
under exemptions. The revisions provide wider access to the benefits of
the provisions granted in these exemptions and eliminate the need for
the current exemption holders to reapply for renewal of the exemption,
thus reducing paperwork burdens and facilitating commerce while
maintaining an acceptable level of safety.
DATES: Effective Date: The effective date of these amendments is March
25, 2005.
Incorporation by Reference Date: The incorporation by reference of
certain publications listed in these amendments is approved by the
Director of the Federal Register as of March 25, 2005.
Voluntary Compliance Date: RSPA is authorizing immediate voluntary
compliance. However, RSPA may further revise this rule as a result of
appeals it may receive for this rule.
FOR FURTHER INFORMATION CONTACT: Gigi Corbin, Office of Hazardous
Materials Standards, (202) 366-8553 or Diane LaValle, Office of
Hazardous Materials Exemptions and Approvals, (202) 366-4535, Research
and Special Programs Administration, U.S. Department of Transportation,
400 Seventh Street, SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
The Research and Special Programs Administration (RSPA) (hereafter,
``we'' or ``us'') is amending the Hazardous Materials Regulations (HMR;
49 CFR Parts 171-180) to incorporate a number of changes based on
existing exemptions. This rulemaking is part of an ongoing effort to
identify commonly used exemptions that have an established history of
safety and may be converted into regulations. Adoption of these
exemptions as rules of general applicability provides wider access to
benefits of the provisions granted in these exemptions. Additionally,
these changes eliminate the need for the current holders to reapply for
extension of the exemptions every two years and for us to process these
renewal requests. In addition, we are making minor revisions to the
requirements for use of packagings authorized under exemptions. We have
identified the following subjects as suitable for incorporation into
the HMR in this final rule:
Salvage cylinders: The use of non-DOT specification salvage
cylinders for the overpacking and transportation in commerce of damaged
or leaking cylinders of certain pressurized and non-pressurized
hazardous materials has been authorized under various exemptions for
several years. The exemptions affected are DOT-E 9507, 9781, 9991,
10022, 10110, 10151, 10323, 10372, 10504, 10519, 10789, 10987, 11257,
11459, 12698, 12790, and 12898. This final rule also responds to a
petition for rulemaking (P-1168) submitted by the Chlorine Institute,
Inc.
Meter provers: A mechanical displacement meter prover is a
mechanical device, permanently mounted on a truck or trailer,
consisting of a piping system that is used to calibrate the accuracy
and performance of meters that measure the quantity of product being
pumped or transferred at facilities such as drilling locations,
refineries, tank farms and loading racks. Exemptions provide relief
from both bulk and non-bulk specification packaging requirements for
mechanical displacement meter provers that are either truck or trailer
mounted. The hazardous materials provided for are in Class 3 and
Division 2.1. The exemptions affected are DOT-E 8278, 9004, 9048, 9162,
9287, 9305, 9352, 10228, 10596, 10765, 12047, and 12808.
Segregation: Exemptions provide relief from the segregation
requirements in Sec. Sec. 174.81, 176.83 and 177.848 which prohibit
storage, loading, and transportation of (1) cyanides, cyanide mixtures
or solutions with acids; and (2) Division 4.2 materials with Class 8
liquids, on the same transport vehicle. The exemptions affected are
DOT-E 9723, 9769, 10441, 10933, 11153, and 11294.
RSPA received six comments in response to the NPRM. These comments
were submitted by representatives of trade organizations, hazardous
materials shippers and carriers, and packaging
[[Page 3303]]
manufacturers. Most commenters expressed support for various proposals,
but several raised concerns about certain provisions in the proposal
that are discussed below.
The following is a section-by-section summary of the changes, and
where applicable, a discussion of comments received.
Section-by-Section Review
Part 171
Section 171.7
We are incorporating by reference chapters II, III, IV, V and VI of
the American Society of Mechanical Engineers (ASME) ``Pipeline
Transportation Systems for Liquid Hydrocarbons and other Liquids,''
ASME B31.4-1998 Edition. See the Sec. 173.3 preamble discussion.
We are also updating the entry for the Compressed Gas Association's
Pamphlet C-6 to include a reference to Sec. 173.3.
Part 173
Section 173.3
We are authorizing the use of salvage cylinders for overpacking a
damaged or leaking cylinder containing hazardous materials other than
Class 1 or 7 or acetylene. Salvage cylinders must be designed,
constructed and marked in accordance with section VIII, division I of
the ASME Code. Salvage cylinders are limited to a maximum capacity of
450 L (119 gallons). Contents of the damaged cylinder must be limited
in pressure and volume so that if the cylinder totally discharges into
the salvage cylinder, the pressure in the salvage cylinder will not
exceed the maximum allowable working pressure (MAWP). We have
authorized the use of salvage cylinders under exemptions for several
years with a safe and satisfactory transportation experience. Materials
in Classes 1 and 7 and acetylene were not authorized under the terms of
these exemptions; therefore, we have no transportation experience and
are not including them in this final rule. Salvage cylinders must be
retested in accordance with the Compressed Gas Association's (CGA)
Pamphlet C-6; however, because a salvage cylinder is not a DOT
specification cylinder, the requirement for a Requalification
Identification Number (RIN) does not apply.
In the NPRM, in paragraph (d)(2), we proposed that a ``salvage
cylinder must have provisions for securely positioning the damaged
cylinder therein.'' A commenter, Air Products, pointed out that not all
cylinders have ``provisions'' for securing a damaged cylinder and asked
RSPA to clarify what we meant. The intent of this requirement is to
ensure that a damaged cylinder is secured in any manner that will
prevent excessive motion during transportation; this could mean devices
to secure the damaged cylinder or it could be compatible cushioning
material that surrounds the damaged cylinder and restricts movement in
the salvage cylinder. We revised the language in Sec. 173.3(d)(2) to
reflect our intent.
In the NPRM, we proposed that the contents of the damaged cylinder
must be limited in pressure and volume so that if totally discharged
into the salvage cylinder, the pressure in the salvage cylinder will
not exceed the MAWP at 21 [deg]C (70 [deg]F) for non-liquefied gases,
or 55 [deg]C (131 [deg]F) for liquefied gases. A commenter stated that
under this proposal certain liquefied gases, such as carbon dioxide and
nitrous oxide liquid, could not be transported in currently available
salvage cylinders unless controls are employed to prevent the pressure
from exceeding the MAWP. The commenter suggested that one way to
control the pressure in a salvage cylinder would be refrigeration or,
alternatively in the case of short distances in extremely hot
environments, the use of a canopy to shade a salvage cylinder being
transported on an open trailer. Under the exemption program, neither of
these methods was authorized to prevent exceeding the MAWP. Instead of
the pressure limits proposed in the NPRM, we amended paragraph (d)(4)
to state that the contents of the damaged cylinder must be limited in
pressure and volume so that if totally discharged into the salvage
cylinder, the pressure in the salvage cylinder will not exceed 5/4 of
the MAWP at 55 [deg]C (131 [deg]F). An exception to this is added for
liquefied nitrous oxide and carbon dioxide cylinders. This is
consistent with the general requirements for shipment of compressed
gases in cylinders in Sec. 173.301.
The same commenter requested that we allow placement of the
requalification marking on a metal plate affixed to the pressure
vessel. In the NPRM, in paragraph (d)(13), we proposed that each
requalified cylinder ``must be durably and legibly marked on the
sidewall * * * '', however, we did not specify how the marking would be
applied to the cylinder. Based on the commenter's request, we
reconsidered various means of marking the cylinder and revised (d)(13)
to allow the requalification marking to be placed on any portion of the
upper end of the cylinder or on a metal plate permanently secured to
the cylinder. No stamping is authorized on the cylinder sidewall. This
is consistent with the requalification markings in Sec. 180.213(b) and
does not compromise the integrity of the cylinder.
In the NPRM we proposed that a salvage cylinder must be visually
inspected and pressure tested every two years. The Chlorine Institute
pointed out that in Sec. 180.209 of the HMR we require cylinder
requalification every five years for most cylinders. The commenter
stated that a ``two year interval is unwarranted and would result in an
increased burden to the industry.'' We agree with the commenter and are
adopting a requalification frequency of five years.
The Chlorine Institute also suggested that we should require all
gaskets, valves and fittings be compatible with the hazardous materials
overpacked in the salvage cylinder. We agree. Since all requirements
for use of salvage cylinders are contained in Sec. 173.3(d), we are
adding a new paragraph to include compatibility requirements for all
gaskets, valves and fittings. We are also reformatting paragraph (d)
for clarity.
Section 173.5a
We are editorially revising the requirements in Sec. 173.5a and
redesignating the current requirements as paragraph (a). We are also
adding a new paragraph (b) to include provisions for the transportation
of mechanical displacement meter provers. We have authorized the
transportation of mechanical displacement meter provers under
exemptions for several years with a safe and satisfactory
transportation experience. A mechanical displacement meter prover is
excepted from the specification packaging requirements when: (1) They
have a capacity not over 1,000 gallons; (2) they are permanently
mounted on a truck chassis or a trailer; and (3) they contain only the
residue of a Class 3 or Division 2.1 material. A mechanical
displacement meter prover must be designed and constructed in
accordance with certain provisions specified in the ASME Standard
B31.4, and is subject to periodic visual inspection and hydrostatic
retesting. We did not receive any comments on this proposal and are
adopting the amendment as proposed.
Section 173.12
We are amending paragraph (b) to allow lab packs to also be
transported for disposal and recovery by rail and cargo vessel.
Currently, Sec. 173.12 authorizes the transportation of lab packs for
disposal and recovery by highway only. However, under certain
exemptions lab packs have been
[[Page 3304]]
authorized to be transported by rail and cargo vessel. Lab packs are
combination packagings used for the transportation of waste materials
in Class or Division 3, 4.1, 4.2, 4.3, 5.1, 6.1, 8 or 9. Lab packs are
excepted from the specification packaging requirements for combination
packagings if packaged in accordance with Sec. 173.12(b).
We are adding a new paragraph (e) in Sec. 173.12 to authorize the
transportation of waste cyanides and waste cyanide mixtures or
solutions with acids under certain conditions. The HMR prohibit the
loading, storage and transportation of cyanides and cyanide mixtures or
solutions on the same transport vehicle with acids, if a mixture of the
materials would generate hydrogen cyanide (see Sec. Sec. 174.81,
176.83, and 177.848). Transportation of these materials on the same
transport vehicle has been authorized under the terms of numerous
exemptions with certain packaging and segregation requirements with a
satisfactory and safe transportation experience. The exemptions
affected are DOT-E 9723, 9769, 10441, and 10933. The NPRM proposed a
maximum quantity limit of 1 kg for waste cyanides and waste cyanide
mixtures and 1 L per inner receptacle for waste cyanide solutions. One
commenter supported our proposal unconditionally. Another commenter,
Onyx Environmental Services L.L.C., believes the ``quantity limits for
inner packagings are overly restrictive'' and recommends that we allow
up to 2 kg (4.4 lbs) or 2 L (0.6 gallon) net of cyanides per inner
receptacle. The commenter pointed out that under a current exemption
(DOT-E 13192) RSPA has allowed 2 kg per inner packaging. We agree with
the commenter and are revising the quantity limits per inner packaging
from 1 kg to 2 kg for solids and from 1 L to 2 L for liquids in this
final rule.
We are also authorizing the transportation of waste Division 4.2
materials with Class 8 liquids under certain conditions. Storage,
loading and transportation of Division 4.2 materials with Class 8
liquids on the same transport vehicle or storage facility is prohibited
by the HMR. However, we have authorized the transportation of these
materials on the same transport vehicle under various exemptions and
specified conditions with a safe and satisfactory transportation
experience. The exemptions affected are DOT-E 11153 and 11294. In the
NPRM we proposed a maximum quantity limit of 1 kg per inner packaging.
Onyx Environmental Services L.L.C. requested that we allow 2 kg of
Division 4.2 material instead of 1 kg for the exception in
173.12(e)(2)(iii). We agree with the commenter and are allowing 2 kg
per inner packaging for solids in this final rule.
The same commenter requested we clarify that the quantity limits
for inner packagings set forth in paragraph (e)(1) and (e)(2) are the
net amounts of hazardous material, and not the gross weight of the
package. We believe that the proposed language clearly indicates that
quantity limits apply to the hazardous material in the inner packaging
and not the completed package, and, therefore, are not amending this
language.
In the NPRM we proposed certain separation requirements.
Specifically, we stated that the cyanide materials and the Division 4.2
materials must be ``secured on pallets of not less than 100 mm (4
inches) in height.'' A commenter suggested that in addition to
securement on pallets, we allow the hazardous material to be otherwise
elevated at least 100 mm (4 inches) off the floor of the freight
container, unit load device, transport vehicle, or rail car. The
commenter stated that this would allow shippers ``to load lab packs of
cyanides on top of other packages (i.e., 55-gallon drums) that contain
compatible materials in lieu of using a pallet.'' Since the intent of
this requirement is to prevent commingling, we agree that means other
than pallets that achieve this goal may be employed and are revising
Sec. 173.12(e) accordingly. Readers are reminded that any package
containing any hazardous material, not permanently attached to a motor
vehicle, must be secured against movement, including relative motion
between packages, within the vehicle on which it is being transported.
Section 173.13
Section 173.13 excepts Class or Division 3, 4.1, 4.2, 4.3, 5.1,
6.1, 8 or 9 materials from labeling and placarding requirements of the
HMR if the material is packaged in accordance with the provisions of
this section. The current exception applies to hazardous materials
being transported by motor vehicle, rail car, or cargo aircraft. For
transportation by cargo aircraft, the hazardous material must also be
permitted to be transported on cargo aircraft in column (9B) of the
Hazardous Materials Table (HMT). Section 173.13 restricts the net
quantity per inner packaging to 1 L for liquids and 2.85 kg for solids
and requires triple packaging which significantly exceeds the packaging
standard currently authorized. For many years, we have also authorized
transportation by passenger aircraft with certain limitations with a
safe and satisfactory transportation experience. The affected
exemptions are DOT E-7891, 8249, 9168, 10672, 10962, 10977, 11248,
12177, 12230, and 12401. In the NPRM, we proposed to amend the HMR by
expanding the exception to include transportation by passenger aircraft
with certain limitations for materials that are permitted to be
transported on passenger aircraft in column (9A) of the HMT. The
exception provides a level of safety that is comparable to the level of
safety previously provided under the exemption program.
Two commenters (Federal Express and All-Pak) opposed the proposal
to incorporate the provisions allowed under the exemption program into
the regulations. The commenters expressed concern about the loss of
controls that are provided under an exemption and believe that the
packaging required under the exemption program is better than the
packaging required by Sec. 173.13. FedEx goes on to say they ``believe
this will significantly increase the chance for packaging failures.''
An exemption permits a person to perform a function that is not
otherwise permitted under the HMR. RSPA believes that the safety record
of the ``poison pack'' exemption packagings over the years has shown
that they are safe and are acceptable for inclusion in the HMR. All-Pak
states that their outer packaging is marked and certified as a PG I
packaging, whereas Sec. 173.13 packagings are not. Both, FedEx and
All-Pack, are under the impression that, as proposed in the NPRM,
``outer packagings would not be marked with UN/ICAO packaging
specification markings.'' We disagree. All Sec. 173.13 packagings are
UN packages tested at the PG I level. Furthermore, a packaging that is
represented as manufactured to a UN standard must be marked as
specified in part 178.
All-Pak questions whether RSPA has ``a sufficient track record upon
which to base the proposed expansion of authority into passenger air
traffic'' because they believe that there is little or no substantive
experience with Sec. 173.13 packages. According to All-Pak, neither
UPS nor FedEx allow packages prepared in accordance with Sec. 173.13
on their aircraft. RSPA has knowledge that Sec. 173.13 packages are
extensively used by leading life science and high technology chemical
companies and are accepted by a number of carriers for both ground and
air transportation. Because UPS and FedEx have made a business decision
not to accept these packages, there may be less data concerning the
performance of such packages than there would otherwise have been.
Nevertheless, we believe
[[Page 3305]]
incorporation of these exemption provisions into the general regulation
is appropriate based on the safe transportation of packages prepared in
accordance with Sec. 173.13 by other modes of transportation, as well
as on the safety record of the exemption program.
FedEx stated that carrier personnel ``have long recognized and been
trained to understand the exemption markings'' and that carriers who
choose to accept packagings prepared in accordance with Sec. 173.13
would be required to retrain their personnel. In a final rule published
in the Federal Register May 30, 1996 (HM-222B; 61 FR 6480), RSPA
amended the training requirements in subpart H to require that if a new
regulation is adopted, or an existing regulation that pertains to a
function performed by a hazmat employee is changed, the hazmat employee
must be trained in the new or revised function-specific requirements
without regard to the timing of the three year training cycle. The only
instruction required is that necessary to assure knowledge of the new
or revised regulatory requirement. It is not necessary to test the
hazmat employee or retain records of the instruction provided in the
new or revised requirements until the next scheduled retraining at or
within the three year cycle.
FedEx also asked RSPA to consider labeling packages prepared under
exemptions DOT E-7891, 8249, 9168, 10672, 10962, 10977, 11248, 12177,
12230, and 12401. This request is outside the scope of this rulemaking
and is not addressed here.
Another commenter requested we add clarifying language to indicate
that packages prepared in accordance with Sec. 173.13 are not subject
to the segregation requirements. While Sec. 177.848 clearly states
that the segregation requirements apply to hazardous materials in
packages which require hazard labels, parts 175 and 176 do not contain
similar language. It is our intent to except from the segregation
requirements those packages that are not required to be labeled in
accordance with part 172 of the HMR. Therefore, we are revising
paragraph (a) to include the exception from the segregation
requirements.
A commenter questioned why we allowed transportation of a hazardous
material conforming to the requirements in Sec. 173.13(b) on a
passenger vessel, but not on a cargo vessel. This was an error on our
part. The first sentence in paragraph (b) should not have included the
wording ``and passenger vessel.'' The preamble text in the NPRM
reflects our intent to include transportation by passenger aircraft for
packages prepared in accordance with this section. We did not intend or
propose to include transportation by vessel and, therefore, in this
final rule, are not authorizing transportation by vessel.
Transportation by vessel may be considered in a future rulemaking.
After publication of the NPRM, we found that we had overlooked
quantity limits in column (9) of the HMT for a number of materials,
both liquid and solid, which are lower than the quantity limits
authorized in Sec. 173.13. To correct this oversight, in this final
rule, we are limiting the net quantity in one package to the lesser of
the amount specified in column (9) or the amount authorized in Sec.
173.13 for materials transported by aircraft.
For the reasons cited above, we are amending Sec. 173.13 of the
HMR to include transportation by passenger aircraft with certain
limitations for materials that are permitted to be transported on
passenger aircraft in column (9A) of the HMT. The provisions in Sec.
173.13 provide a level of safety that is comparable to the level of
safety previously provided under the exemption program.
Section 173.22a
We are revising paragraph (b) of Sec. 173.22a by removing the
requirement that a copy of each exemption that authorizes use of a
packaging must be maintained at each facility where the package is
being used in connection with the transportation of a hazardous
material. Currently, the ``Special Provisions'' section of each
exemption states where the exemption must be maintained, if we believe
it is necessary. We believe that such a requirement should be handled
on a case-by-case basis and see no need for an across-the-board
requirement in the HMR. This revision also responds to a petition for
rulemaking (P-1293) submitted by W. W. Grainger, Inc. We are also
revising paragraph (c) of Sec. 173.22a to clarify that a ``current''
copy of an exemption must be provided to the carrier by each person
offering hazardous materials under the terms of an exemption when the
exemption contains requirements that apply to the carrier.
Additionally, we are adding the website address where a copy of an
exemption can be obtained.
Part 174
Section 174.81
We are revising paragraph (c) by adding a cross-reference to Sec.
173.12(e) for cyanides, cyanide mixtures or solutions as well as
Division 4.2 materials and, for clarity and consistency with Sec.
177.848, amending the regulatory text. See Sec. 173.12 preamble
discussion. We are also editorially revising paragraph (d) for clarity.
Part 176
Section 176.83
We are adding a new paragraph (a)(11) to reference a segregation
exception in Sec. 173.12(e) for lab packs containing cyanides and
cyanide mixtures or solutions transported with acids, and for Division
4.2 materials in lab packs transported with Class 8 liquids. See Sec.
173.12 preamble discussion.
Section 176.84
We are adding a footnote to paragraph (b), following Code ``52''
cross-referencing Sec. 173.12(e) for cyanides and cyanide mixtures or
solutions in lab packs. See Sec. 173.12 preamble discussion.
Part 177
Section 177.848
In the NPRM, we proposed to revise paragraph (c) by adding a cross-
reference to Sec. 173.12(e) for cyanides, cyanide mixtures or
solutions as well as Division 4.2 materials. (See Sec. 173.12 preamble
discussion.) A commenter requested that we clarify that the exception
applies to cyanides, cyanide mixtures or solutions stored, loaded or
transported with acids, and to Division 4.2 materials stored, loaded or
transported with Class 8 liquids. We agree with the commenter and are
amending the language in Sec. 173.12(e) accordingly. We are also
editorially revising paragraph (d) for clarity.
II. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to
prescribe regulations for the safe transportation, including security,
of hazardous material in intrastate, interstate, and foreign commerce.
2. 49 U.S.C. 5117(a) authorizes the Secretary of Transportation to
issue an exemption from a regulation prescribed in 5103(b), 5104, 5110,
or 5112 of the Federal Hazardous Materials Transportation Law to a
person transporting, or causing to be transported, hazardous material
in a way that achieves a safety level at least equal to the safety
level required under the law, or consistent with the public interest,
if a required safety level does not exist. In this rule, we are
amending
[[Page 3306]]
regulations by converting certain widely used exemptions which have
established a history of safety and which may, therefore, be converted
into the regulations for general use.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) and was not reviewed by the Office of Management and
Budget (OMB). This final rule is not considered a significant rule
under the Regulatory Policies and Procedures order issued by the
Department of Transportation [44 FR 11034]. The costs and benefits of
this final rule are considered to be so minimal as to not warrant
preparation of a regulatory impact analysis or a regulatory evaluation.
The provisions of this final rule provide a relaxation of the
regulations and, as such, impose little or no additional costs to
affected industry.
C. Executive Order 13132
This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism''). This
final rule preempts State, local and Indian tribe requirements but does
not impose any regulation that has substantial direct effects on the
states, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
Federal hazardous material transportation law, 49 U.S.C. 5101-5127,
contains an express preemption provision (49 U.S.C. 5125(b)) preempting
State, local, and Indian tribe requirements on certain covered
subjects. Covered subjects are:
(1) The designation, description, and classification of hazardous
materials;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials; or
(5) The design, manufacture, fabrication, marking, maintenance,
reconditioning, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This final rule concerns classification, packaging, marking,
labeling, and handling of hazardous materials, among other covered
subjects and preempts any State, local, or Indian tribe requirements
concerning these subjects unless the non-Federal requirements are
``substantively the same'' (see 49 CFR 107.202(d)) as the Federal
requirements.
Federal hazardous materials transportation law provides at 49
U.S.C. 5125(b)(2) that if RSPA issues a regulation concerning any of
the covered subjects, RSPA must determine and publish in the Federal
Register the effective date of Federal preemption. The effective date
may not be earlier than the 90th day following the date of issuance of
the final rule and not later than two years after the date of issuance.
The effective date of preemption is 90 days from the publication of
this final rule in the Federal Register.
D. Executive Order 13175
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications, does not impose substantial direct
compliance costs on Indian tribal governments, and does not preempt
tribal law, the funding and consultation requirements of Executive
Order 13175 do not apply, and a tribal summary impact statement is not
required.
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities.
An agency must conduct a regulatory flexibility analysis unless it
determines and certifies that a rule is not expected to have a
significant impact on a substantial number of small entities. This
final rule incorporates into the Hazardous Materials Regulations
certain widely used exemptions. These amendments relax certain
requirements, while maintaining safety. The amendments also result in
modest cost savings and do not impose significant impacts on any of the
entities, small or otherwise, potentially affected by the rule.
Therefore, I certify this rule will not have a significant economic
impact on a substantial number of small entities.
This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.
F. Paperwork Reduction Act
RSPA has current information collection approvals under: OMB No.
2137-0051, ``Rulemaking, Exemption, and Preemption Requirements,'' with
4,219 burden hours and an expiration date of May 31, 2006; and OMB No.
2137-0022, ``Testing, Inspection, and Marking of Cylinders,'' with
168,431 burden hours and an expiration date of September 30, 2005. We
do not anticipate any significant change in burden of these current
information collections as a result of this final rule.
Section 1320.8(d), Title 5, Code of Federal Regulations requires
that RSPA provide interested members of the public and affected
agencies an opportunity to comment on information collection and
recordkeeping requests. This notice identifies a new information
collection request under OMB No. 2137-xxxx, ``Inspection and Testing of
Meter Provers'' as proposed under this rule requiring annual visual
inspections and 5-year pressure tests for meter provers. RSPA has
submitted this new information collection request to the Office of
Management and Budget (OMB) for approval based on the requirements in
this final rule. This new information collection will be assigned an
OMB control number after review and approval by OMB. We estimate that
this new information collection burden will be as follows:
OMB No. 2137-xxxx, ``Inspection and Testing of Meter Provers'':
Annual Number of Respondents: 50.
Annual Responses: 250.
Annual Burden Hours: 175.
Annual Burden Cost: $9,500.00.
Requests for a copy of this information collection should be
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous
Materials Standards (DHM-10), Research and Special Programs
Administration, Room 8430, 400 Seventh Street, SW., Washington, DC
20590-0001, Telephone (202) 366-8553. We will publish a notice advising
interested parties of the OMB control number for this information
collection when assigned by OMB.
G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the
[[Page 3307]]
heading of this document can be used to cross-reference this action
with the Unified Agenda.
H. Unfunded Mandates Reform Act
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$120.7 million or more to either State, local or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
I. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), requires Federal agencies to consider the
consequences of major Federal actions and prepare a detailed statement
on actions significantly affecting the quality of the human
environment. We developed an assessment to determine the effects of
these revisions on the environment and whether a more comprehensive
environmental impact statement may be required. We have concluded that
there are no significant environmental impacts associated with this
final rule. We received no comments concerning environmental impacts.
J. Privacy Act
Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or you
may visit https://dms.dot.gov.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements, Uranium.
49 CFR Part 174
Hazardous materials transportation, Radioactive materials, Railroad
safety.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 177
Hazardous materials transportation, Motor carriers, Radioactive
materials, Reporting and recordkeeping requirements.
0
In consideration of the foregoing, 49 CFR chapter I is amended as
follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
1. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
section 31001.
0
2. In Sec. 171.7, in the paragraph (a)(3) table, under the entry
``American Society of Mechanical Engineers'', a new entry is added in
appropriate alphabetical order and under the entry ``Compressed Gas
Association, Inc.'', an entry is revised to read as follows:
Sec. 171.7 Reference material.
(a) * * *
(3) Table of material incorporated by reference. * * *
------------------------------------------------------------------------
Source and name of material 49 CFR reference
------------------------------------------------------------------------
* * * * * * *
American Society of Mechanical Engineers
* * * * * * *
Pipeline Transportation Systems 173.5a.
for Liquid Hydrocarbons and other
Liquids, Chapters II, III, IV, V
and VI, ASME B31.4-1998 Edition
* * * * * * *
Compressed Gas Association, Inc.
* * * * * * *
CGA Pamphlet C-6, Standards for 173.3, 173.198, 180.205, 180.209,
Visual Inspection of Steel 180.211, 180.411, 180.519.
Compressed Gas Cylinders, 1993
* * * * * * *
------------------------------------------------------------------------
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
3. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.
0
4. In Sec. 173.3, paragraph (d) is redesignated as paragraph (e) and a
new paragraph (d) is added to read as follows:
Sec. 173.3 Packaging and exceptions.
* * * * *
(d) Salvage cylinders. Cylinders of hazardous materials that are
damaged or leaking may be overpacked in a non-DOT specification full
opening hinged head or fully removable head steel salvage cylinder
under the following conditions:
(1) Only a cylinder containing a Division 2.1, 2.2, 2.3, 3, 6.1, or
a Class 8 material may be overpacked in a salvage cylinder. A cylinder
containing acetylene may not be overpacked in a salvage cylinder.
(2) Each salvage cylinder--
[[Page 3308]]
(i) Must be designed, constructed and marked in accordance with
Section VIII, Division I of the ASME Code (IBR, see Sec. 171.7 of this
subchapter) with a minimum design margin of 4 to 1. Salvage cylinders
may not be equipped with a pressure relief device. Damaged cylinders
must be securely positioned in the salvage cylinder to prevent
excessive movement. The overpack requirements of Sec. 173.25 of this
part do not apply to salvage cylinders used in accordance with this
section.
(ii) Must have a maximum water capacity of 450 L (119 gallons).
(iii) Except for liquefied nitrous oxide and carbon dioxide,
contents of the damaged or leaking cylinder must be limited in pressure
and volume so that if totally discharged into the salvage cylinder, the
pressure in the salvage cylinder will not exceed \5/4\ of the MAWP at
55 [deg]C (131 [deg]F).
(iv) Must have gaskets, valves and fittings that are compatible
with the hazardous materials contained within.
(3) Each salvage cylinder must be plainly and durably marked.
Unless otherwise specified, the markings below must be in the same area
on any portion of the upper end:
(i) The proper shipping name of the hazardous material contained
inside the packaging;
(ii) The name and address of the consignee or consignor;
(iii) The name and address or registered symbol of the
manufacturer; and
(iv) The words ``SALVAGE CYLINDER'' in letters at least 50 mm (2.0
inches) high on opposite sides near the middle of the cylinder;
stamping on the sidewall is not authorized.
(4) Each salvage cylinder must be labeled for the hazardous
material contained inside the packaging.
(5) The shipper must prepare shipping papers in accordance with
subpart C of part 172 of this subchapter.
(6) Transportation is authorized by motor vehicle only.
(7) Each salvage cylinder must be cleaned and purged after each
use.
(8) In addition to the training requirements of Sec. Sec. 172.700
through 172.704 of this subchapter, a person who loads, unloads or
transports a salvage cylinder must be trained in handling, loading and
unloading the salvage cylinder.
(9) Cylinder Requalification: At least once every five years, each
cylinder must be visually inspected (internally and externally) in
accordance with CGA Pamphlet C-6 (IBR, see Sec. 171.7 of this
subchapter) and pressure tested. A minimum test pressure of at least
1\1/2\ times MAWP must be maintained for at least 30 seconds. The
cylinder must be examined under test pressure and removed from service
if a leak or a defect is found.
(i) The retest and inspection must be performed by a person
familiar with salvage cylinders and trained and experienced in the use
of the inspection and testing equipment.
(ii) Each salvage cylinder that is successfully requalified must be
durably and legibly marked with the word ``Tested'' followed by the
requalification date (month/year), e.g., ``Tested 9/04.'' The marking
must be in letters and numbers at least 12 mm (0.5 inches) high. The
requalification marking may be placed on any portion of the upper end
of the cylinder near the marking required in (d)(3) of this section or
on a metal plate permanently secured to the cylinder. Stamping on the
cylinder sidewall is not authorized.
(10) Record retention: The owner of each salvage cylinder or his
authorized agent shall retain a record of the most recent visual
inspection and pressure test until the salvage cylinder is requalified.
The records must be made available to a DOT representative upon
request.
* * * * *
0
5. Section 173.5a is revised to read as follows:
Sec. 173.5a Oilfield service vehicles and mechanical displacement
meter provers.
(a) Oilfield service vehicles. Notwithstanding Sec. 173.29 of this
subchapter, a cargo tank motor vehicle used in oilfield servicing
operations is not subject to the specification requirements of this
subchapter provided--
(1) The cargo tank and equipment contains only residual amounts
(i.e., it is emptied so far as practicable) of a flammable liquid alone
or in combination with water,
(2) No flame producing device is operated during transportation,
and
(3) The proper shipping name is preceded by ``RESIDUE: LAST
CONTAINED * * * '' on the shipping paper for each movement on a public
highway.
(b) Mechanical displacement meter provers. (1) For purposes of this
section, a mechanical displacement meter prover is a mechanical device,
permanently mounted on a truck chassis or trailer and transported by
motor vehicle, consisting of a pipe assembly that is used to calibrate
the accuracy and performance of meters that measure the quantity of a
product being pumped or transferred at facilities such as drilling
locations, refineries, tank farms and loading racks.
(2) A mechanical displacement meter prover is excepted from the
specification packaging requirements in part 178 of this subchapter
provided it--
(i) Contains only the residue of a Class 3 or Division 2.1
material. For liquids, the meter prover must be drained to the maximum
extent practicable and may not exceed 10% of its capacity; for gases,
the meter prover must not exceed 25% of the marked pressure rating;
(ii) Has a water capacity of 3,785 L (1,000 gallons) or less;
(iii) Is designed and constructed in accordance with chapters II,
III, IV, V and VI of the ASME Standard B31.4 (IBR, see Sec. 171.7 of
this subchapter);
(iv) Is marked with the maximum service pressure determined from
the pipe component with the lowest pressure rating; and
(v) Is equipped with rear-end protection as prescribed in Sec.
178.337-10(c) of this subchapter and with 49 CFR 393.86 of the Federal
Motor Carrier Safety Regulations.
(3) The description on the shipping paper for a meter prover
containing the residue of a hazardous material must include the phrase
``RESIDUE: LAST CONTAINED * * * '' before the basic description.
(4) Periodic test and inspection. (i) Each meter prover must be
externally visually inspected once a year. The external visual
inspection must include at a minimum: checking for leakage, defective
fittings and welds, defective closures, significant dents and other
defects or abnormalities which indicate a potential or actual weakness
that could render the meter prover unsafe for transportation; and
(ii) Each meter prover must be pressure tested once every 5 years
at not less than 75% of design pressure. The pressure must be held for
a period of time sufficiently long to assure detection of leaks, but in
no case less than 5 minutes.
(5) In addition to the training requirements in subpart H, the
person who performs the visual inspection or pressure test and/or signs
the inspection report must have the knowledge and ability to perform
them as required by this section.
(6) A meter prover that fails the periodic test and inspection,
must be rejected and removed from hazardous materials service unless
the meter prover is adequately repaired, and thereafter, a successful
test is conducted in accordance with the requirements of this section.
(7) Prior to any repair work, the meter prover must be emptied of
any hazardous material. A meter prover
[[Page 3309]]
containing flammable lading must be purged.
(8) Each meter prover successfully completing the external visual
inspection and the pressure test must be marked with the test date
(month/year), the type of test or inspection as follows:
(i) V for external visual inspection; and
(ii) P for pressure test.
The marking must be on the side of a tank or the largest piping
component in letters 32 mm (1.25 inches) high on a contrasting
background.
(9) The owner must retain a record of the most recent external
visual inspection and pressure test until the next test or inspection
of the same type successfully completed. The test or inspection report
must include the following:
(i) Serial number or other meter prover identifier;
(ii) Type of test or inspection performed;
(iii) Test date (month/year);
(iv) Location of defects found, if any, and method used to repair
each defect;
(v) Name and address of person performing the test or inspection;
(vi) Disposition statement, such as ``Meter Prover returned to
service'' or ``Meter Prover removed from service''.
0
6. In Sec. 173.12, paragraph (b)(1), the first sentence is revised and
a new paragraph (e) is added to read as follows:
Sec. 173.12 Exceptions for shipment of waste materials.
* * * * *
(b) * * *
(1) Waste materials classed as Class or Division 3, 4.1, 4.2, 4.3,
5.1, 6.1, 8, or 9 are excepted from the specification packaging
requirements of this subchapter for combination packagings if packaged
in accordance with this paragraph and transported for disposal or
recovery by highway, rail or cargo vessel only. * * *
* * * * *
(e) Exceptions from segregation requirements. (1) The provisions of
Sec. Sec. 174.81(c), 176.83(b) and 177.848(c) of this subchapter do
not apply to waste cyanides or waste cyanide mixtures or solutions
stored, loaded, or transported with acids in accordance with the
following:
(i) The waste cyanides or waste cyanide mixtures or solutions must
be packaged in lab packs in accordance with paragraph (b) of this
section;
(ii) The Class 8 acids must be packaged in lab packs in accordance
with paragraph (b) of this section or in authorized single packagings
not exceeding 208 L (55 gallons) capacity;
(iii) Waste cyanides or waste cyanide mixtures may not exceed 2 kg
(4.4 pounds) per inner receptacle and may not exceed 10 kg (22 pounds)
per outer packaging; waste cyanide solutions may not exceed 2 L (0.6
gallon) per inner receptacle and may not exceed 10 L (3.0 gallons) per
outer packaging.
(iv) The waste cyanides or waste cyanide mixtures or solutions must
be--
(A) Separated from the acids by a minimum horizontal distance of
1.2 m (4 feet); and
(B) Loaded at least 100 mm (4 inches) off the floor of the freight
container, unit load device, transport vehicle or rail car.
(2) The provisions of Sec. Sec. 174.81(d), 176.83(b) and
177.848(d) of this subchapter do not apply to waste Division 4.2
materials stored, loaded or transported with Class 8 liquids in
accordance with the following:
(i) The waste Division 4.2 materials are packaged in lab packs in
accordance with paragraph (b) of this section;
(ii) The Class 8 liquids are packaged in lab packs in accordance
with paragraph (b) of this section or in authorized single packagings
not exceeding 208 L (55 gallons) capacity;
(iii) The waste Division 4.2 materials may not exceed 2 kg (4.4
pounds) per inner receptacle and may not exceed 10 kg (22 pounds) per
outer packaging;
(iv) The waste Division 4.2 materials must be separated from the
Class 8 liquids by a minimum horizontal distance of 1.2 m (4 feet);
(v) The waste Division 4.2 materials and the Class 8 liquids are
loaded at least 100 mm (4 inches) off the floor of the freight
container, unit load device, transport vehicle or rail car.
* * * * *
0
7. In Sec. 173.13, the first sentence in paragraph (a) is revised and
paragraphs (b), (c)(1)(i) and (c)(2)(i) are revised to read as follows:
Sec. 173.13 Exceptions for Class 3, Divisions 4.1, 4.2, 4.3, 5.1,
6.1, and Classes 8 and 9 materials.
(a) A Class 3, 8 or 9, or Division 4.1, 4.2, 4.3, 5.1, or 6.1
material is excepted from the labeling (except for the CARGO AIRCRAFT
ONLY label), placarding and segregation requirements of this subchapter
if prepared for transportation in accordance with the requirements of
this section. * * *
(b) A hazardous material conforming to the requirements of this
section may be transported by motor vehicle and rail car. In addition,
packages prepared in accordance with this section may be transported by
aircraft under the following conditions:
(1) Cargo-only aircraft. Only hazardous materials permitted to be
transported aboard either a passenger or cargo-only aircraft by column
(9A) or (9B) of the Hazardous Materials Table in Sec. 172.101 of this
subchapter are authorized aboard cargo-only aircraft.
(2) Passenger carrying aircraft. Only hazardous materials permitted
to be transported aboard a passenger aircraft by column (9A) of the
Hazardous Materials Table in Sec. 172.101 of this subchapter are
authorized aboard passenger aircraft. The completed package, assembled
as for transportation, must be successfully tested in accordance with
part 178 of this subchapter at the Packing Group I level. A hazardous
material which meets the definition of a Division 5.1 (oxidizer) at the
Packing Group I level in accordance with Sec. 173.127(b)(1)(i) of this
subchapter may not be transported aboard a passenger aircraft.
(3) Packages offered for transportation aboard either passenger or
cargo-only aircraft must meet the requirements for transportation by
aircraft specified in Sec. 173.27 of this subchapter.
(c) * * *
(1) * * *
(i) The hazardous material must be placed in a tightly closed
glass, plastic or metal inner packaging with a maximum capacity not
exceeding 1.2 L. Sufficient outage must be provided such that the inner
packaging will not become liquid full at 55 [deg]C (130 [deg]F). The
net quantity (measured at 20 [deg]C (68 [deg]F)) of liquid in any inner
packaging may not exceed 1 L. For transportation by aircraft, the net
quantity in one package may not exceed the quantity specified in
columns (9A) or (9B), as appropriate.
* * * * *
(2) * * *
(i) The hazardous material must be placed in a tightly closed
glass, plastic or metal inner packaging. The net quantity of material
in any inner packaging may not exceed 2.85kg (6.25 pounds). For
transportation by aircraft, the net quantity in one package may not
exceed the quantity specified in columns (9A) or (9B), as appropriate.
* * * * *
Sec. 173.22a [Amended]
0
8. Amend Sec. 173.22a:
0
a. In paragraph (b), by removing the second sentence; and revising the
last sentence.
0
b. In paragraph (c), by adding the word ``current'' between the words
``the'' and ``exemption'' the last time it appears. The revision reads
as follows:
Sec. 173.22a Use of packagings authorized under exemptions.
* * * * *
(b) * * * Copies of exemptions may be obtained by accessing the
Hazardous Materials Safety Web site at https://
[[Page 3310]]
hazmat.dot.gov/exemptions--index.htm or by writing to the Associate
Administrator for Hazardous Materials Safety, U.S. Department of
Transportation, Washington, DC 20590-0001, Attention: Records Center.
* * * * *
PART 174--CARRIAGE BY RAIL
0
9. The authority citation for part 174 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
0
10. In Sec. 174.81, paragraphs (c) and (d) are revised to read as
follows:
Sec. 174.81 Segregation of hazardous materials.
* * * * *
(c) Except as provided in Sec. 173.12(e) of this subchapter,
cyanides, cyanide mixtures or solutions may not be stored, loaded and
transported with acids, and Division 4.2 materials may not be stored,
loaded and transported with Class 8 liquids.
(d) Except as otherwise provided in this subchapter, hazardous
materials must be stored, loaded or transported in accordance with the
following table and other provisions of this section:
* * * * *
PART 176--CARRIAGE BY VESSEL
0
11. The authority citation for part 176 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
0
12. In Sec. 176.83, new paragraph (a)(11) is added to read as follows:
Sec. 176.83 Segregation.
(a) * * *
(11) Certain exceptions from segregation for waste cyanides or
waste cyanide mixtures or solutions transported with acids and waste
Division 4.2 materials transported with Class 8 liquids are set forth
in Sec. 173.12(e) of this subchapter.
* * * * *
0
13. In Sec. 176.84, in the paragraph (b) Table, following Code ``52'',
a footnote is added to read as follows:
Sec. 176.84 Other requirements for stowage and segregation for cargo
vessels and passenger vessels.
* * * * *
(b) * * *
------------------------------------------------------------------------
Code Provisions
------------------------------------------------------------------------
* * * * *
52............................ Stow ``separated from'' acids.\1\
* * * * *
------------------------------------------------------------------------
\1\ For waste cyanides or waste cyanide mixtures or solutions, refer to
Sec. 173.12(e) of this subchapter.
PART 177--CARRIAGE BY PUBLIC HIGHWAY
0
14. The authority citation for part 177 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
0
15. In Sec. 177.848, paragraphs (c) and (d) are revised to read as
follows:
Sec. 177.848 Segregation of hazardous materials.
* * * * *
(c) Except as provided in Sec. 173.12(e) of this subchapter,
cyanides, cyanide mixtures or solutions may not be stored, loaded and
transported with acids, and Division 4.2 materials may not be stored,
loaded and transported with Class 8 liquids.
(d) Except as otherwise provided in this subchapter, hazardous
materials must be stored, loaded or transported in accordance with the
following table and other provisions of this section:
* * * * *
Issued in Washington, DC, on January 14, 2005, under authority
delegated in 49 CFR part 1.
Elaine E. Joost,
Acting Deputy Administrator, Research and Special Programs
Administration.
[FR Doc. 05-1113 Filed 1-21-05; 8:45 am]
BILLING CODE 4910-60-P