Hazardous Materials; Miscellaneous Amendments, 34066-34077 [05-11647]

Download as PDF 34066 Federal Register / Vol. 70, No. 112 / Monday, June 13, 2005 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, 178, 179 and 180 [Docket No. PHMSA–04–18683 (HM–218C)] RIN 2137–AD87 Hazardous Materials; Miscellaneous Amendments Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Final rule. AGENCY: SUMMARY: This final rule amends the Hazardous Materials Regulations by incorporating miscellaneous changes based on petitions for rulemaking and PHMSA initiatives. The intended effect of these regulatory changes is to update, clarify or provide relief from certain regulatory requirements. DATES: Effective Date: The effective date of these amendments is August 12, 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 August 12, 2005. FOR FURTHER INFORMATION CONTACT: Gigi Corbin, Office of Hazardous Materials Standards, (202) 366–8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590–0001. SUPPLEMENTARY INFORMATION: I. Background This final rule reduces regulatory burdens on industry by incorporating changes into the Hazardous Materials Regulations (HMR) based on PHMSA’s own initiatives and petitions for rulemaking submitted in accordance with 49 CFR 106.95. In a continuing effort to review the HMR for necessary revisions, PHMSA (‘‘we’’ and ‘‘us’’) is eliminating, revising, clarifying and relaxing certain other regulatory requirements. On August 12, 2004, RSPA, the predecessor agency to PHMSA, published a notice of proposed rulemaking (NPRM) under Docket RSPA–04–18683 (HM–218C; 69 FR 49846). The NPRM contained information concerning each proposal and invited public comment. Readers should refer to the NPRM for additional background discussion. We received eight comments in response to the NPRM. These comments were submitted by trade associations, such as the Air VerDate jul<14>2003 15:44 Jun 10, 2005 Jkt 205001 Transport Association (ATA), the Chlorine Institute (CI), and the International Vessel Operators Hazardous Materials Association, Inc. (VOHMA); hazardous materials consulting firms; and providers of emergency response. Most commenters expressed support for various proposals, but some commenters raised concerns about certain provisions in the proposal that are discussed below. Certain commenters raised issues that are beyond the scope of this rulemaking; such comments will not be addressed. The following is a section-by-section summary of changes, and, where applicable, a discussion of comments received. Section-by-Section Review Part 171 Section 171.7 In the NPRM, we proposed to incorporate by reference a document entitled ‘‘An Example of a Test Method for Vent Sizing—OPPSD/SPI Methodology,’’ which described an alternative method to determine the vent size of emergency relief devices on portable tanks transporting organic peroxides. This document was added to the § 171.7(b) List of informational materials not requiring incorporation by reference in a final rule published December 20, 2004, under Docket No. RSPA–04–17036 (HM–215G; 69 FR 76061); therefore, the proposal is not adopted in this final rule. Under the entry ‘‘American Society for Testing and Materials’’ (ASTM), we are incorporating by reference ASTM Standards A 1008/A 1008M–03 ‘‘Standard Specification for Steel, Sheet, Cold-Rolled, Carbon, Structural, HighStrength Low-Alloy and High-Strength Low-Alloy with Improved Formability’’ and A 1011/A 1011M–03a ‘‘Standard Specification for Steel, Sheet and Strip, Hot-Rolled, Carbon, Structural, HighStrength Low-Alloy and High-Strength Low-Alloy with Improved Formability.’’ We received a comment from the ASTM requesting we incorporate by reference ASTM Standards A1008/A1008M–04b and A1011/A1011M–04a to reflect the latest version of these standards. Because we did not propose to incorporate the newer edition of these standards in the NPRM, we are not incorporating them at this time. These standards may be considered for incorporation by reference in a future rulemaking. We are updating the Compressed Gas Association ‘‘CGA Pamphlet C–6.1, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders’’ from the 1995 edition to the PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 2002 edition. We proposed to update CGA Pamphlet C–6.1 in an NPRM published on September 10, 2003, under Docket No. RSPA–03–14405 (HM–220F; 68 FR 53318). Because of delay in finalizing HM–220F, we are incorporating the 2002 edition of CGA Pamphlet C–6.1 in this final rule. The 2002 edition of the standard has provisions discussing cleaning methods that may result in the removal of cylinder wall material. It also contains a new requirement that all aluminum cylinders be internally inspected for cracks in the neck region. Also see § 180.212 preamble discussion. We are incorporating by reference the Department of Defense’s (DOD) ‘‘Packaging of Hazardous Material, DLAD 4145.41/AR 700–143/AFJI 24– 210/NAVSUPINST 4030.55B/MCO 4030.40B.’’ Also, we are updating the following documents which are incorporated by reference: —Chlorine Institute instruction booklets entitled ‘‘Chlorine Institute Emergency Kit ‘A’ for 100-lb. & 150lb. Chlorine Cylinders’’ (Edition 10, June 2003) and ‘‘Chlorine Institute Emergency Kit ‘B’ for Chlorine Ton Containers’’ (Edition 9, June 2003); —Transport Canada ‘‘Transportation of Dangerous Goods Regulations (August 15, 2001)’’ edition. In paragraph (b), we are removing the table entry ‘‘National Association of Corrosive Engineers (NACE)’’ and NACE Standard TM–01–69 which described an acceptable test for a liquid corrosive material. This entry is obsolete because the definition and testing methods for corrosive materials have been revised. Section 171.8 In the NPRM, we proposed to revise the definition for ‘‘Materials of trade’’ (MOTS) by removing the phrase ‘‘in direct support of a principal business that is other than transportation by motor vehicle.’’ This would allow private carriage of qualified hazardous materials under the MOTs exception regardless of the principal business of the carrier. We received one comment in favor of this proposal. Since publication of the NPRM, we have identified additional issues pertaining to the transportation of hazardous materials under the MOTs exception that require further study; therefore, we are not adopting the proposal in this final rule. Section 171.12a In paragraph (b)(2), we are clarifying that certain exceptions in Transport Canada’s Transportation of Dangerous Goods (TDG) Regulations are not E:\FR\FM\13JNR1.SGM 13JNR1 Federal Register / Vol. 70, No. 112 / Monday, June 13, 2005 / Rules and Regulations recognized under the reciprocity provisions; specifically, materials subject to the 500 kg exception in paragraph 1.16 of the TDG Regulations may not be transported under the provisions of § 171.12a and are subject to the requirements of the HMR. Section 171.14 We are removing paragraph (d)(3) because the transition period for use of the KEEP AWAY FROM FOOD label and placard has expired. Part 172 Section 172.101 We are adding a statement in § 172.101(i)(3) and a new paragraph (i)(5) to clarify that some bulk packaging authorizations are found in column (8B) and the special provisions in column (7) of the HMT. We are revising the entry for ‘‘Bromine’’ and adding two new entries, one for bromine solution, PIH Zone A and one for bromine solution, PIH Zone B. This recognizes that some bromine solutions do not meet the criteria for a PIH Zone A material and are, in fact, in Hazard Zone B. Also, for the entry ‘‘Bromine’’ we are adding stowage category ‘‘D’’ for vessel transportation in column (10A) of the HMT. In the NPRM, we proposed to remove Special provisions A3 and A6 in column (7) for the entry ‘‘Bromine.’’ Special provisions A3 and A6 were removed in a final rule published December 20, 2004, under Docket No. RSPA–04–17036 (HM–215G; 69 FR 76075). We are reinstating the entry ‘‘Denatured Alcohol, NA 1987’’ in response to a petition by the Renewable Fuels Association (P–1430). We are also adding a new Special provision 172 for the entries ‘‘Denatured Alcohol, NA 1987’’ and ‘‘Alcohols, n.o.s., UN 1987’’ to allow solutions of alcohol and petroleum products to be described as either ‘‘Denatured Alcohol’’ or ‘‘Alcohols, n.o.s.’’ provided the solution contains no more than 5% petroleum products. For the entries ‘‘sec-Butyl chloroformate, NA 2742’’ and ‘‘Isobutyl chloroformate, NA 2742’’ we are adding the word ‘‘Forbidden’’ in columns (9A) and (9B). These materials are poisonous by inhalation in Hazard Zone B and are forbidden on passenger and cargo only aircraft. For the entry ‘‘Refrigerating machines, containing flammable, non-toxic, liquefied gas, UN 3358’’ we are adding a reference to § 173.307 in column (8A) of the HMT. This will except refrigerating machines containing 12 kg (25 pounds) or less of a flammable, non- VerDate jul<14>2003 15:44 Jun 10, 2005 Jkt 205001 toxic gas from the HMR, except when offered or transported by air or vessel. We are also correcting inconsistencies with the International Maritime Dangerous Goods (IMDG) Code pertaining to vessel stowage for this entry. In the NPRM, we proposed to add a reference to the limited quantity exception for flammable liquids in Column (8A) of the HMT for the entry ‘‘1,3,5-Trimethylbenzene, UN 2325.’’ We revised the entry ‘‘1,3,5Trimethylbenzene, UN 2325’’ in a final rule published December 20, 2004, under Docket No. RSPA–04–17036 (HM–215G; 69 FR 76145) to include the limited quantity exception. Section 172.102 We are revising Special provision 53 to provide relief from the subsidiary hazard class/division entry on the shipping paper if the material is excepted from the subsidiary label requirements. We are also adding a new Special provision 172 for alcohol mixtures containing up to 5% petroleum products. Section 172.203 We are adding a new paragraph (l)(4) that cross-references the requirements and exceptions for marine pollutants in § 171.4. A commenter suggests that the language proposed in the NPRM might suggest ‘‘the consignor who packs the freight container or other cargo transport unit and offers it in intermodal transportation has no obligation to declare the marine pollutant on the shipping paper, or mark the inner packages and the CTU with the MARINE POLLUTANT mark since the initial transport is by road or rail.’’ The commenter asks us to exclude shipments that are ‘‘intended for vessel transportation’’ from the exception in § 171.4. We disagree. Marine pollutants in non-bulk packagings transported domestically by rail or motor vehicle are not subject to the HMR. If subsequent transportation is by vessel, the shipment must be brought into compliance. The HMR do not prescribe how this is to be accomplished; it is left to the shippers’ discretion. Mandating compliance with the vessel transportation requirements of the HMR or the IMDG Code from the original point of origin may impose additional burdens and costs to the offeror. We did not consider such burdens and associated costs and consider this comment beyond the scope of this rulemaking. We disagree with the commenter that the proposed language creates difficulties for the shipper; it is a cross-reference to existing language in § 171.4 and does PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 34067 not impose additional burdens. We are adopting the paragraph as proposed. Section 172.205 We are adding a new paragraph (i) alerting the user that the word ‘‘Waste’’ must precede the proper shipping name as provided by § 172.101(c)(9). Section 172.504 We are amending § 172.504(g)(2) to clarify that explosives articles of compatibility groups C, D, or E when transported with explosives articles in compatibility group N may be placarded with a Class 1 compatibility group D placard. The display of only one placard bearing one compatibility letter when certain Class 1 materials of different compatibility groups are transported together in a single transport vehicle or container is authorized in the HMR. Section 172.519 We are editorially revising paragraph (f) by adding the parenthetical phrase ‘‘(IBR, see § 171.7 of this subchapter),’’ after the wording ‘‘ICAO Technical Instructions, the IMDG Code, or the TDG Regulations.’’ Part 173 Section 173.7 We are authorizing military shipments of hazardous materials to be packaged in accordance with the procedures prescribed in the DOD document ‘‘Packaging of Hazardous Material, DLAD 4145.41/AR 700–143/ AFJI 24–210/NAVSUPINST 4030.55B/ MCO 4030.40B’’ as an alternative to the HMR. This document replaces the packaging standards in the document ‘‘Performance Oriented Packagings of Hazardous Material, DLAR 4145.41/AR 700–143/AFR 71–5/NAVSUPINST 4030.55/MCO 4030.40.’’ Section 173.28 In paragraph (b)(3), we are clarifying that packagings made of fiberboard are authorized for reuse. Section 173.31 We are amending paragraph (b) to except tank cars transporting elevated temperature materials and molten sulfur from retrofit bottom discontinuity protection requirements. Based on past risk-analysis evaluations conducted by the Federal Railroad Administration (FRA) and industry, it was determined that tank cars transporting elevated temperature materials and molten sulfur do not require retrofit protection. Section 173.150 In the NPRM, we proposed to remove paragraph (f)(1), which contains the E:\FR\FM\13JNR1.SGM 13JNR1 34068 Federal Register / Vol. 70, No. 112 / Monday, June 13, 2005 / Rules and Regulations definition of ‘‘combustible liquid.’’ The definition is also found in § 173.120 Class 3—Definitions. VOHMA requested we reconsider this proposal because of problems that are encountered in intermodal transportation. Combustible liquids in non-bulk packagings are not subject to the HMR when transported domestically. VOHMA states that when these shipments are subsequently offered for international transportation, re-shippers may be unaware that these materials are regulated in international commerce and may fail to comply with the applicable regulations. VOHMA suggests that retaining the classification criteria for a combustible liquid in § 173.150 may alert shippers to the classification differences between the HMR and international regulations and prevent undeclared hazardous materials from entering the transportation system. We agree, and are not adopting this proposal. Section 173.225 In the NPRM, we proposed to revise the Note to paragraph (e)(3)(vi) by authorizing an alternative method to determine the size of emergency-relief devices on portable tanks. In a final rule published on December 20, 2004, under Docket No. RSPA 04–17036 (HM–215G; 69 FR 76172), we redesignated paragraph (e) as paragraph (h) and authorized this alternative method of an emergency-relief device sizing. Section 173.241 For clarity, in paragraph (c), we are adding a reference to certain additional requirements in § 176.340 that apply when offering combustible liquids in portable tanks for transportation by vessel. Section 173.301 In the NPRM, we proposed to revise the requirement in paragraph (a)(9) that a strong outer packaging containing specification 2P, 2Q, 3E, 3HT, spherical 4BA, 4D, 4DA, 4DS, and 39 cylinders must conform to the requirements in § 173.25. Instead of referencing § 173.25, we proposed to require the outside of the combination packaging to be marked with an indication that the inner packagings conform to the prescribed specification. Our intention was to clarify that the outer packaging is not an overpack and, thus, each inner cylinder must comply with the Part 172 marking and labeling requirements. The Air Transport Association (ATA) objects to marking the outer packaging with a statement indicating that the inner packagings conform to the prescribed specifications because it implies ‘‘that the outer packagings are in fact VerDate jul<14>2003 15:44 Jun 10, 2005 Jkt 205001 overpacks and would create inconsistency with the International Civil Aviation Organization’s Technical Instructions, where, beginning in 2005, an overpack must be marked with the word ‘Overpack.’ ’’ ATA also requests that we delete the reference to an overpack in Special provision A52. ATA states that air carriers use many thin walled DOT 3HT cylinders that are required to be placed in outer packagings meeting the ATA specification 300 standard and meet the strong outer packaging requirement in § 173.302a(a)(2) of the HMR. ATA states that, should the proposed marking be finalized, air carriers will be forced to use separate marked packagings for their DOT 3HT cylinders. Also, ATA suggests that operational confusion regarding the appropriate use or reuse of outer packagings marked with the proposed marking instead of the ‘‘Overpack’’ marking could lead to unwarranted actions by enforcement personnel. We disagree with ATA that a marking indicating the inner packagings conforming to the prescribed specification implies the packaging is an overpack. There are other instances in the HMR where this marking is required, e.g., in § 173.306 where DOT 2P and 2Q containers must be in a combination packaging and the outer packaging is a non-specification packaging. Because the outer packaging does not have specification markings, the proposed marking alerts anyone coming into contact with the package that the inner container is a specification packaging. We also disagree with ATA that Special provision A52 should be revised to remove the word ‘‘overpack.’’ The special provision requires an oxygen cylinder that is loaded into a passengercarrying aircraft or into an inaccessible cargo location on a cargo-only aircraft to be placed in an overpack or an outer packaging meeting the performance criteria in ATA specification 300 for Category I. The current HMR requirements authorize compressed oxygen to be packaged in DOT 3, 3A, 3AA, 3AL, 3B, 3E, 3HT, 4B, 4BA and 4BW cylinders. Of these cylinders, only the DOT 3E, 3HT and spherical 4BA cylinders are considered to be inner packagings. The other cylinders must be properly marked and labeled individually in accordance with Part 172 and, when offered for air transportation, placed in an overpack conforming to § 173.25. In this final rule, we are revising paragraph (a)(9) to require an outer packaging containing specification 2P, 2Q, 3E, 3HT, spherical 4BA, 4D, 4DA, 4DS, and 39 cylinders to be marked to PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 indicate that the inner packagings conform to the prescribed specifications, as proposed in the NPRM. Consistent with this change, we are also revising the last sentence in § 173.302a(a)(2) and Note 7 following the table in § 173.304a(a)(2) by adding a reference to § 173.301(a)(9). In paragraph (l)(2), we are revising the wording to state clearly that foreign cylinders filled for export, in addition to meeting the maximum filling density and service pressure requirements, must be fitted with pressure relief devices when required by the HMR for the gas contained within the cylinder. We are editorially revising paragraph (m) by adding the parenthetical phrase ‘‘(IBR, see § 171.7 of this subchapter)’’ after the first occurrence of the term ‘‘Canadian Transport of Dangerous Goods (TDG) Regulations.’’ Section 173.302a In paragraph (a)(2), we are removing the reference to the overpack provisions in § 173.25 and adding a reference to § 173.301(a)(9). We are editorially revising paragraph (a)(3). In paragraph (d), we are authorizing use of a DOT 3AL1800 cylinder for the transportation of diborane and diborane mixtures. We are adding new paragraph (e) to reinstate the requirement that a cylinder containing fluorine may not be charged to over 400 psig at 21 °C (70 °F) and may not contain more than 2.7 kg (6 lbs) of gas. Section 173.304a In the paragraph (a)(2) table, in column 3, we are removing several references to DOT specification 4, 4A, 9, 38, 40 and 41 cylinders that are no longer authorized for use. Also, for the entry Bromotrifluoromethane, in column 3, we are correcting the reference ‘‘DOT–3AL40’’ to read ‘‘DOT– 3AL400.’’ We are revising the last sentence in Note 7 following the table to reference the packaging provisions in § 173.301(a)(9). We are also correcting a typographical error in Note 8. Sections 173.314 and 173.319 In the NPRM, we proposed to require notification of delayed rail cars containing a time-sensitive product to the FRA instead of the Bureau of Explosives (BOE). Two commenters, the Chlorine Institute and the BOE, support moving the reporting requirements to FRA. The Chlorine Institute also states that the carrier, not the shipper, should be reporting the delay since the carrier knows where the rail car is. In the NPRM, we did not propose to transfer E:\FR\FM\13JNR1.SGM 13JNR1 Federal Register / Vol. 70, No. 112 / Monday, June 13, 2005 / Rules and Regulations this requirement from the shipper to the carrier. At this time, we prefer to retain the reporting requirement as a shipper responsibility and are adopting the change as proposed. We also received a comment from the AAR regarding our statement in the Regulatory Analyses and Notices section of this rule that ‘‘BOE no longer exists.’’ We apologize for this misstatement. Since 1997 the Bureau of Explosives Field Force and associated activities have been under the direction of The Transportation Technology Center, Inc., which is a wholly owned subsidiary of the AAR. Section 173.315 In the paragraph (a) table, column 4, we are adding a reference to Note 27 for the entry ‘‘Ammonia, anhydrous or Ammonia solutions, with greater than 50 percent ammonia,’’ and following the table, we are adding a new Note 27 to authorize the use of non-specification cargo tanks. Section 173.337 In the introductory text, we are reinstating a requirement that a cylinder containing nitric oxide may be charged to a pressure of not more than 5,170 kPa (750 psig) at 21° C (70° F). Part 178 Sections 178.338–2 and 178.345–2 We are removing the reference to ASTM Standard A 607 and adding ASTM Standards A 1008/A 1008M and A 1011/A 1011M in its place. Section 178.606 In paragraph (c)(2), we are correcting the formula for calculating the pressure to be applied when a packaging containing a solid is subjected to a dynamic compression test. Part 179 Section 179.200–7 In paragraph (e), we are adding a reference to § 171.7 for a standard that is incorporated by reference. Part 180 Section 180.205 In paragraph (c)(2), we are adding a reference to new § 180.212. See § 180.212 preamble discussion. Also, we are broadening the provisions in paragraph (i)(2) to allow a composite cylinder that is condemned to have the wording ‘‘CONDEMNED’’ displayed instead of stamped on the cylinder. The use of a label is currently authorized in some exemptions. VerDate jul<14>2003 15:44 Jun 10, 2005 Jkt 205001 34069 Section 180.212 Regulatory Analyses and Notices We are adding a new section allowing repairs to a DOT 3-series cylinder under the terms of an approval issued by the Associate Administrator under Subpart I of Part 107. In addition, the person who performs the repair work must have an approval as currently required under Subpart H of Part 107. An approval will not be required for the removal and replacement of nonpressure components on a DOT 3-series cylinder, such as a neck ring or foot ring; the replacement material must be equivalent to that used at the time of original manufacture. Additionally, in the NPRM, we proposed that an approval would not be required for the repair of worn or damaged cylinder neck threads when performed by the original cylinder manufacturer in accordance with the cylinder’s specification requirements and under the supervision of an independent inspection agency. We are relaxing this provision to permit rethreading to be performed by any manufacturer of these types of cylinders. CGA Pamphlets C–6 and C– 6.1 contain guidelines for inspection of the cylinder neck areas for damaged threads. The cylinder must be rejected if the required number of effective threads are not engaged to provide a gastight seal. The rejected cylinder may qualify for repair to restore the effectiveness of the threads. If the threads cannot be repaired, the cylinder must be condemned. We proposed to update the reference to CGA Pamphlet C–6.1 from the 1995 to the 2002 edition in an NPRM published on September 10, 2003 (HM–220F; 68 FR 53318). The 2002 edition contains criteria for inspection of cylinder neck threads for abnormal thread conditions resulting from structural defects, corrosion, or damage. Because of delay in finalizing HM–220F, we are incorporating the 2002 edition of CGA Pamphlet C–6.1 in this final rule. Currently CGA is updating CGA Pamphlet C–6 to better address inspection for neck areas on high pressure and low pressure steel cylinders. We will consider adopting the revised pamphlet in a future rulemaking. A. Statutory/Legal Authority for This Rulemaking Section 180.417 In paragraph (b)(2)(v), we are reinstating the requirement that each test or inspection report completed for a repaired cargo tank must include the ASME or National Board Certificate of Authorization number of the facility performing the repairs. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 This final rule is published under authority of Federal hazardous materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et seq.) Section 5103(b) of Federal hazmat law authorizes the Secretary of Transportation to prescribe regulations for the safe transportation, including security, of hazardous materials in intrastate, interstate, and foreign commere. 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 of the U.S. Department of Transportation (44 FR 11034). The costs and benefits of this rule are considered to be so minimal as to not warrant preparation of a regulatory evaluation. In this final rule, we are amending miscellaneous provisions in the HMR to clarify the provisions and to relax overly burdensome requirements. We are also responding to requests from industry associations to update and add references to standards that are incorporated in the HMR. These clarifications and updates of the HMR will enhance safety while reducing the compliance burden on the regulated industry. In the NPRM, we invited public comment on any impacts of the proposed changes. We did not receive any comments regarding the impacts of these changes. 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. 5125(b)(1), contains an express preemption provision (49 U.S.C. 5125(b)) preempting State, local, and Indian tribe requirements on certain covered subjects: E:\FR\FM\13JNR1.SGM 13JNR1 34070 Federal Register / Vol. 70, No. 112 / Monday, June 13, 2005 / Rules and Regulations (1) The designation, description, and classification of hazardous material; (2) The packing, repacking, handling, labeling, marking, and placarding of hazardous material; (3) The preparation, execution, and use of shipping documents related to hazardous material and requirements related to the number, content, and placement of those documents; (4) The written notification, recording, and reporting of the unintentional release in transportation of hazardous material; or (5) The design, manufacture, fabrication, marking, maintenance, reconditioning, repair, or testing of a packaging or container which is represented, marked, certified, or sold as qualified for use in the transport of hazardous material. This final rule addresses covered subject items (1), (2), and (5) described above 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 PHMSA issues a regulation concerning any of the covered subjects, PHMSA must determine and publish in the Federal Register the effective date of Federal preemption. That 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 of this final rule is 90 days from 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 and does not impose substantial direct compliance costs, the funding and consultation requirements of Executive Order 13175 do not apply. 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 amends VerDate jul<14>2003 15:44 Jun 10, 2005 Jkt 205001 miscellaneous provisions in the HMR to clarify provisions based on our own initiatives and also on petitions for rulemaking. While maintaining safety, it relaxes certain requirements that are overly burdensome and updates references to consensus standards that are incorporated in the HMR. These amendments are intended to provide relief to shippers, carriers, and packaging manufacturers, including 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. The changes proposed in this Notice will enhance safety while reducing the compliance burden on the regulated industry. I certify that this final rule does not have a significant economic impact on a substantial number of small entities. F. Paperwork Reduction Act PHMSA currently has an approved information collection under OMB Control Number 2137–0559, ‘‘Requirements for Rail Tank Car Tanks—Transportation of Hazardous Materials by Rail’’ with 2,759 burden hours, and an expiration date of May 31, 2006. This final rule will result in a minimal increase in information collection and recordkeeping burden under OMB Control Number 2137–0559, due to editorial changes to §§ 173.314 and 173.319. We are removing references to BOE in §§ 173.314 and 173.319, and replacing them with references to FRA. Therefore, this final rule will result in a minimal increase in burden since FRA instead of BOE will now be notified if a rail car containing a time-sensitive product is not received within 20 days from shipment. Section 1320.8(d), Title 5, Code of Federal Regulations requires that PHMSA provide interested members of the public and affected agencies an opportunity to comment on information collection and recordkeeping requests. This final rule identifies a revised information collection request that PHMSA will submit to OMB for approval based on the requirements in this final rule. PHMSA has developed burden estimates to reflect changes in this final rule. The revised burden indicated below includes revisions in this final rule and corrections of previous mathematical errors discovered during the review process. PHMSA estimates the net total of information and PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 recordkeeping burden in this final rule as: ‘‘Requirements for Rail Tank Car Tanks—Transportation of Hazardous Materials by Rail’’ OMB Number 2137– 0559: Total Annual Number of Respondents: 266. Total Annual Responses: 16,781. Total Annual Burden Hours: 2,689. Total Annual Burden Cost: $102,586.25. Requests for a copy of this information collection should be directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous Materials Standards (PHH–11), Pipeline and Hazardous Materials Safety 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 approval for this information collection request when approved by OMB. In addition, you may submit comments specifically related to the information collection burden to the PHMSA Desk Officer, OMB, at fax number 202–395–6974. Under the Paperwork Reduction Act of 1995, no person is required to respond to an information collection unless it displays a valid OMB control number. 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 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 objectives 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 this final rule on the environment and have concluded that there would be no E:\FR\FM\13JNR1.SGM 13JNR1 34071 Federal Register / Vol. 70, No. 112 / Monday, June 13, 2005 / Rules and Regulations significant environmental impacts associated with this final rule. 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 http:// dms.dot.gov. List of Subjects 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. 49 CFR Part 173 Hazardous materials transportation, Incorporation by reference, Packaging and containers, Radioactive materials, Reporting and recordkeeping equirements, Uranium. 49 CFR Part 178 Hazardous materials transportation, Incorporation by reference, Motor vehicle safety, Packaging and containers, Reporting and recordkeeping requirements. 49 CFR Part 179 Hazardous materials transportation, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 180 Hazardous materials transportation, Incorporation by reference, Motor carriers, Motor vehicle safety, Packaging and containers, Railroad Safety, Reporting and recordkeeping requirements. I In consideration of the foregoing, 49 CFR Chapter I is amended as follows: 49 CFR Part 171 Exports, Hazardous materials transportation, Hazardous waste, Imports, Incorporation by reference, Reporting and recordkeeping requirements. 49 CFR Part 172 Education, Hazardous materials transportation, Hazardous waste, Incorporation by reference, Labeling, Markings, Packaging and containers, Reporting and recordkeeping requirements. PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 1. The authority citation for part 171 continues to read as follows: I 2. In § 171.7: a. In the paragraph (a)(3) table: (1) Under the entry ‘‘American Society for Testing and Materials,’’ two new standards are added in appropriate numerical order; I (2) Under the entry ‘‘Chlorine Institute, Inc.,’’ the address for the Chlorine Institute and the entries for Chlorine Institute Emergency Kit ‘‘A’’ and ‘‘B’’ are revised; I (3) Under the entry ‘‘Compressed Gas Association, Inc.,’’ the entry for pamphlet C–6.1 is revised; I (4) Under the entry ‘‘Department of Defense (DOD),’’ a new entry is added in appropriate alphabetical order; and I (5) Under the entry ‘‘Transport Canada,’’ the entry is revised. I b. In the paragraph (b) table, the entry ‘‘National Association of Corrosion Engineers,’’ is removed. The revisions and additions read as follows: I I I § 171.7 Reference material. (a) * * * (3) Table of material incorporated by reference. * * * Source and name of material * * American Society for Testing and Materials. * 49 CFR reference * * * * * * * * * ASTM A 1008/A 1008M—03 Standard Specification for Steel, Sheet, Cold-Rolled, Carbon, Structural, HighStrength Low-Alloy and High Strength Low-Alloy with Improved Formability. ASTM A 1011/A 1011M—03a Standard Specification for Steel, Sheet and Strip, Hot-Rolled, Carbon, Structural, High-Strength Low Alloy and High Strength Low-Alloy with Improved Formability. * * * * * * Chlorine Institute, Inc., 1300 Wilson Boulevard, Arlington, VA 22209 Chlorine Institute Emergency Kit ‘‘A’’ for 100-lb. & 150 lb. Chlorine Cylinders (with the exception of repair method using Device 8 for side leaks), Edition 10, June 2003. Chlorine Institute Emergency Kit ‘‘B’’ for Chlorine Ton Containers (with the exception of repair method using Device 9 for side leaks), Edition 9, June 2003. * * * * * * Compressed Gas Association, Inc., CGA Pamphlet C–6.1, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, 2002, Fourth Edition. * * Department of Defense (DOD), * * * * * * * * * * * * * * Transportation of Dangerous Goods (TDG) Regulations, August 2001 including Clear Language Amendments SOR/2001–286, Amendment 1 (SOR/2002–306) August 8, 2002; Amendment 2 (SOR/2003–273) July 24, 2003; and Amendment 3 (SOR/2003-400) December 3, 2003. VerDate jul<14>2003 15:44 Jun 10, 2005 Jkt 205001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\13JNR1.SGM * 178.338–2; 178.345–2 178.338–2; 178.345–2 * 173.3 173.3 * 180.205; 180.209 * * * * * * * Packaging of Hazardous Material, DLAD 4145.41/ AR 700–143/AFJI 24–210/NAVSUPINST 4030.55B/MCO 4030.40B, January 14, 2000. * Transport Canada, * 13JNR1 * * 173.7 * * 171.12a; 172.401; 172.502; 172.519; 172.602; 173.301. 34072 Federal Register / Vol. 70, No. 112 / Monday, June 13, 2005 / Rules and Regulations Source and name of material * * * 3. In § 171.12a, paragraph (b)(2) is revised to read as follows: I § 171.12a Canadian shipments and packagings. * * * * * (b) * * * (2) A material designated as a hazardous material under this subchapter which is not subject to the requirements of the TDG Regulations or is afforded hazard communication or packaging exceptions not authorized in this subchapter (e.g., paragraph 1.16 of the TDG Regulations excepts quantities of hazardous materials less than or equal to 500 kg gross transported by highway or rail) may not be transported under the provisions of this section. * * * * * § 171.14 [Amended] 4. In § 171.14, paragraph (d)(3) is removed and reserved. I VerDate jul<14>2003 15:44 Jun 10, 2005 Jkt 205001 49 CFR reference * * PART 172—HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND TRAINING REQUIREMENTS 5. The authority citation for part 172 continues to read as follows: I Authority: 49 U.S.C. 5101–5127, 44701; 49 CFR 1.53. 6. In § 172.101, the first and second sentences in paragraph (i)(3) are revised and a new paragraph (i)(5) is added to read as follows: I § 172.101 Purpose and use of the hazardous materials table. * * * * * (i) * * * (3) * * * Column (8C) specifies the section in part 173 of this subchapter that prescribes packaging requirements for bulk packagings, subject to the PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 * * limitations, requirements, and additional authorizations of Columns (7) and (8B). A ‘‘None’’ in Column (8C) means bulk packagings are not authorized, except as may be provided by special provisions in Column (7) and in packaging authorizations Column (8B). * * * * * * * * (5) Cylinders. For cylinders, both nonbulk and bulk packaging authorizations are set forth in Column (8B). Notwithstanding a designation of ‘‘None’’ in Column (8C), a bulk cylinder may be used when specified through the section reference in Column (8B). * * * * * 7. In § 172.101, the Hazardous Materials Table is amended by removing, adding and revising, in the appropriate alphabetical sequence, the following entries to read as follows: I E:\FR\FM\13JNR1.SGM 13JNR1 VerDate jul<14>2003 15:44 Jun 10, 2005 Jkt 205001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\13JNR1.SGM Alcohols, n.o.s. ........................ [REVISE:] Denatured alcohol ................... Bromine solutions .................... Bromine solutions .................... Bromine ................................... [ADD:] Bromine or Bromine solutions [REMOVE:] (2) 13JNR1 sec-Butyl chloroformate ........... Isobutyl chloroformate ............. D ............ D ............ + ............ + ............ + ............ + ............ (1) Symbols Hazardous materials descriptions and proper shipping names D ............ * UN1987 .. * * NA1987 .. UN1744 .. UN1744 .. * UN1744 .. * * UN1744 .. * (4) Identification Numbers * NA2742 .. * NA2742 .. * 3 ...................... * * 3 ...................... 8 ...................... 8 ...................... * 8 ...................... * * 8 ...................... * (3 Hazard class or division * 6.1 ................... * 6.1 ................... * 3 ........... * * 3 ........... 3 ........... 8, 6.1 .... 8, 6.1 .... * 8, 6.1 .... * * 8, 6.1 .... * (6) III ...... I ........ * 6.1, 3, 8 * 6.1, 3, 8 3 ........... II ....... I ........ 3 ........... 1 ....... II ....... III ...... I ........ I ........ I ........ I ........ (5) PG Label codes * 150 ......... 150 ......... None ...... None ...... None ...... None ...... (8A) Exceptions * * * * * * 202 ......... 203 ......... 227 ......... 226 ......... 226 ......... 227 ......... (8B) Non-bulk * 2, B9, B14, B32, B74, T20, TP4, TP12, TP13, TP38, TP45. * 2, B9, B14, B32, B74, T20, TP4, TP12, TP13, TP38, TP45. None ...... None ...... * * 227 ......... 227 ......... * 244 ......... * 244 ......... 242 ......... 242 ......... * 243 ......... * * 242 ......... 242 ......... 249 ......... 249 ......... * 249 ......... * * 249 ......... * (8C) Bulk (8) Packaging (§ 173.* * *) * * 172, T11, TP1, None ...... 201 ......... TP8, TP27. 172, 1B2, T7, 150 ......... 202 ......... TP1, TP8, TP28. 172, B1, IB3, T4, 150 ......... 203 ......... TP1, TP29. * * 172, T8, T31 ........ 172, B1, T7, T30 * 1, B9, B64, B85, N34, N43, T22, TP2, TP10, TP12, TP13. 1, B9, B64, B85, N34, N43, T22, TP2, TP10, TP12, TP13. 2, B9, B64, B85, N34, N43, T22, TP2, TP10, TP12, TP13. * * 1, B9, B64, B85, N34, N43, T22, TP2, TP10, TP12, TP13. (7) Special provisions (§ 172.102) § 172.101 HAZARDOUS MATERIALS TABLE * (9B) Cargo aircraft only Forbidden ....... Forbidden ....... 220 L .............. 60 L ................ * Forbidden ....... Forbidden ....... * Forbidden ....... Forbidden ....... 60 L ................ 5 L .................. * 1 L .................. 30 L ................ * * 5 L .................. 60 L ................ 60 L ................ 220 L .............. Forbidden ....... Forbidden ....... * Forbidden ....... Forbidden ....... * * Forbidden ....... Forbidden ....... (9A) Passenger aircraft/rail (9) Quantity limitations A ............ A ............ A. B. E. B. A. D ............ D ............ D ............ D ............ (10A) Location 12, 13, 22, 25, 40, 48, 100 12, 13, 22, 25, 40, 48, 100 12, 40, 66, 74, 89, 90 12, 40, 66, 74, 89, 90 12, 40, 66, 74, 89, 90 12, 40, 66, 74, 89, 90 (10B) Other (10) Vessel stowage Federal Register / Vol. 70, No. 112 / Monday, June 13, 2005 / Rules and Regulations 34073 VerDate jul<14>2003 (1) Symbols Refrigerating machines, containing flammable, non-toxic, liquefied gas. (2) Hazardous materials descriptions and proper shipping names (4) Identification Numbers 15:44 Jun 10, 2005 * * 2.1 ................... * * UN3358 .. (3 Hazard class or division .......... (5) PG * * 2.1 ........ (6) Label codes * * .............................. (7) Special provisions (§ 172.102) 306, 307 (8A) Exceptions * * 306 ......... (8B) Non-bulk * * 306 ......... (8C) Bulk (8) Packaging (§ 173.* * *) § 172.101 HAZARDOUS MATERIALS TABLE—Continued (9B) Cargo aircraft only * * Forbidden ....... Forbidden ....... (9A) Passenger aircraft/rail (9) Quantity limitations D ............ (10A) Location 40 (10B) Other (10) Vessel stowage 34074 Federal Register / Vol. 70, No. 112 / Monday, June 13, 2005 / Rules and Regulations Jkt 205001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\13JNR1.SGM 13JNR1 Federal Register / Vol. 70, No. 112 / Monday, June 13, 2005 / Rules and Regulations 8. In § 172.102, in paragraph (c)(1), in Special provision 53, the first sentence is revised and new Special provision 172 is added in appropriate numerical order to read as follows: Regulations,’’ is removed and the wording ‘‘the ICAO Technical Instructions, the IMDG Code, or the TDG Regulations (IBR, see § 171.7 of this subchapter),’’ is added in its place. § 172.102 PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS I * Special provisions. * * (c) * * * (1) * * * * * 13. The authority citation for part 173 continues to read as follows: I Code/Special Provisions * * * * * 53 Packages of these materials must bear the subsidiary risk label, ‘‘EXPLOSIVE’’, and the subsidiary hazard class/division must be entered in parentheses immediately following the primary hazard class in the shipping description, unless otherwise provided in this subchapter or through an approval issued by the Associate Administrator, or the competent authority of the country of origin. * * * * * * * * 172 This entry includes alcohol mixtures containing up to 5% petroleum products. * * * * * I 9. In § 172.203, a new paragraph (l)(4) is added to read as follows: § 172.203 Additional description requirements. * * * * (1) * * * (4) Except when transported aboard vessel, marine pollutants in non-bulk packagings are not subject to the requirements of this subchapter (see § 171.4 of this subchapter). * * * * * I 10. In § 172.205, a new paragraph (i) is added to read as follows: Hazardous waste manifest. * * * * * (i) The shipping description for a hazardous waste must be modified as required by § 172.101(c)(9). I 11. In § 172.504, paragraph (g)(2) is revised to read as follows: § 172.504 General placarding requirements. * * * * * (g) * * * (2) Explosive articles of compatibility groups C, D, or E, when transported with those in compatibility group N, may be placarded displaying compatibility group D. * * * * * § 172.519 [Amended] § 173.7 [Amended] 14. In § 173.7, in paragraph (a) introductory text, the wording ‘‘Performance Oriented Packaging of Hazardous Material, DLAR 4145.41/AR 700–143/AFR 71–5/NAVSUPINST 4030.55/MCO 4030.40’’ is removed and the wording ‘‘Packaging of Hazardous Material, DLAD 4145.41/AR 700–143/ AFJI 24–210/NAVSUPINST 4030.55B/ MCO 4030.40B (IBR, see § 171.7 of this subchapter)’’ is added in its place. I 15. In § 173.28, paragraph (b)(3) is revised to read as follows: I § 173.28 Reuse, reconditioning and remanufacture of packagings. * * § 172.205 Authority: 49 U.S.C. 5101–5127, 44701; 49 CFR 1.45, 1.53. * * * * (b) * * * (3) Packagings made of paper (other than fiberboard), plastic film, or textile are not authorized for reuse; * * * * * I 16. In § 173.31, in paragraph (b)(5), the second sentence is revised to read as follows: § 173.31 Use of tank cars. * * * * * (b) * * * (5) * * * Tank cars not requiring bottom-discontinuity protection under the terms of Appendix Y of the AAR Specifications for Tank Cars as of July 1, 1996, must conform to these requirements no later than July 1, 2006, except that tank cars transporting a material that is hazardous only because it meets the definition of an elevated temperature material or because it is molten sulfur do not require bottom discontinuity protection. * * * * * * * * I 17. In § 173.241, paragraph (c) is amended by adding a new last sentence to read as follows: § 173.241 Bulk packagings for certain low hazard liquid and solid materials. * * * * * 12. In § 172.519, in paragraph (f), the (c) * * * For transportation of wording ‘‘the ICAO Technical Instructions, the IMDG Code, or the TDG combustible liquids by vessel, I VerDate jul<14>2003 15:44 Jun 10, 2005 Jkt 205001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 34075 additional requirements are specified in § 176.340 of this subchapter. * * * * * I 18. In § 173.301, paragraphs (a)(9), (l)(2) and (m) introductory text are revised to read as follows: § 173.301 General requirements for shipment of compressed gases in cylinders and spherical pressure vessels. (a) * * * (9) Specification 2P, 2Q, 3E, 3HT, spherical 4BA, 4D, 4DA, 4DS, and 39 cylinders must be packed in strong nonbulk outer packagings. The outside of the combination packaging must be marked with an indication that the inner packagings conform to the prescribed specifications. * * * * * (1) * * * (2) In addition to other requirements of this subchapter, the maximum filling density, service pressure, and pressure relief device for each cylinder conform to the requirements of this part for the gas involved. * * * * * (m) Canadian cylinders in domestic use. A Canadian Transport Commission (CTC) specification cylinder manufactured, originally marked and approved in accordance with the CTC regulations and in full conformance with the Canadian Transport of Dangerous Goods (TDG) Regulations (IBR, see § 171.7 of this subchapter) is authorized for the transportation of a hazardous material to, from or within the United States under the following conditions: * * * * * I 19. In § 173.302a, the last sentence in paragraph (a)(2), paragraph (a)(3) and the first sentence in paragraph (d) are revised, and a new paragraph (e) is added to read as follows: § 173.302a Additional requirements for shipment of nonliquefied (permanent) compressed gases in specification cylinders. (a) * * * (2) * * * Specification 3HT cylinders may be offered for transportation only when packaged in accordance with § 173.301(a)(9). (3) DOT 39 cylinders. When the cylinder is filled with a Division 2.1 material, the internal volume of the cylinder may not exceed 1.23 L (75 in3. * * * * * (d) * * * Diborane and diborane mixed with compatible compressed gas must be offered in a DOT 3AL1800 or 3AA1800 cylinder. * * * (e) Fluorine. Fluorine must be shipped in specification 3A1000, E:\FR\FM\13JNR1.SGM 13JNR1 34076 Federal Register / Vol. 70, No. 112 / Monday, June 13, 2005 / Rules and Regulations 3AA1000, or 3BN400 cylinders without pressure relief devices and equipped with valve protection cap. The cylinder may not be charged to over 400 psig at 21°C (70° F) and may not contain over 2.7 kg (6 lbs) of gas. I 20. In § 173.304a, in the paragraph (a)(2) table, I a. For the entry ‘‘Methyl acetylenepropadiene, mixtures, stabilized’’, in column 1, the wording ‘‘DOT–3A240’’ is removed; I b. In column 3, make the following changes: I i. For the entry ‘‘Anhydrous ammonia’’, remove the phrases ‘‘DOT– 4;’’ and ‘‘DOT–4A480;’’; I ii. For the entry ‘‘Bromotrifluoromethane’’, remove the phrase ‘‘DOT–4A400;’’ and revise ‘‘DOT–3AL40’’ to read ‘‘DOT–3AL400.’’; I iii. For the entry ‘‘Chlorodifluoromethane R–22)’’, remove the phrase ‘‘DOT–41;’’; I iv. For the entry ‘‘Chloropentafluorethane R–115)’’, remove the phrase ‘‘DOT–4A225;’’; I v. For the entry ‘‘Cyclopropane’’, remove the phrase ‘‘DOT–4A225;’’; I vi. For the entry ‘‘Dichlorodifluoromethane R–12)’’, remove the phrases ‘‘DOT–4A225;’’, ‘‘DOT–9;’’ and ‘‘DOT–41;’’; I vii. For the entry ‘‘Dichlorodifluoromethane and difluoroethane mixture (constant boiling mixture) (R–500)’’, remove the phrases ‘‘DOT–4A240;’’ and ‘‘DOT–9;’’; I viii. For the entry ‘‘Hydrogen sulfide’’, remove the phrase ‘‘DOT–4A480;’’; I ix. For the entry ‘‘Insecticide, gases liquefied’’, remove the phrase ‘‘DOT–9; DOT–40; DOT–41;’’; I x. For the entry ‘‘Methyl acetylenepropadiene, mixtures, stabilized’’, remove the phrase ‘‘DOT–4; DOT–41;’’; I xi. For the entry ‘‘Methyl chloride’’, remove the phrases ‘‘DOT–4A225;’’ and ‘‘DOT–4; DOT–38;’’ and ‘‘DOT–4A150;’’; I xii. For the entry ‘‘Refrigerant gas, n.o.s. or Dispersant gas, n.o.s.’’, remove the phrases ‘‘DOT–4A240;’’ and ‘‘DOT– 9;’’; I xiii. For the entry ‘‘Sulfur dioxide’’, remove the phrases ‘‘DOT–4A225;’’ ‘‘DOT–4; DOT–38;’’; I xiv. For the entry ‘‘Trifluorochloroethylene, stabilized’’, remove the phrase ‘‘DOT–4A300;’’; and I c. In Note 7 following the table, the last sentence is revised to read as set forth below; I d. In Note 8, the phrase ‘‘§ 173.301(a)(8)’’ is revised to read ‘‘§ 173.301(a)(9)’’. § 173.304a Additional requirements for shipment of liquefied compressed gases in specification cylinders. (a) * * * VerDate jul<14>2003 15:44 Jun 10, 2005 Jkt 205001 (2) * * * Note 7: * * * Cylinders may be offered for transportation only when packaged in accordance with § 173.301(a)(9). * * * * * I 21. In § 173.314, paragraph (g)(1) is revised to read as follows: § 173.314 Compressed gases in tank cars and multi-unit tank cars. * * * * * (g) * * * (1) The shipper shall notify the Federal Railroad Administration whenever a tank car is not received by the consignee within 20 days from the date of shipment. Notification to the Federal Railroad Administration may be made by e-mail to Hmassist@fra.dot.gov or telephone call to (202) 493–6229. * * * * * I 22. In § 173.315, in the paragraph (a) table, in column 4, the entry ‘‘Ammonia, anhydrous or Ammonia solutions with greater than 50% ammonia’’ is amended by removing the wording ‘‘Notes 12 and 17’’ and adding the wording ‘‘Notes 12, 17 and 27’’ in its place; and following the table, a new Note 27 is added in the appropriate numerical order to read as follows: § 173.315 Compressed gases in cargo tanks and portable tanks. (a) * * * Note 27: Non-specification cargo tanks may be used for transportation of Ammonia, anhydrous and ammonia solutions with greater than 50% ammonia, subject to the conditions prescribed in paragraph (m) of this section. * * * * * 23. In § 173.319, paragraph (a)(3) is revised to read as follows: I § 173.319 Cryogenic liquids in tank cars. (a) * * * (3) The shipper shall notify the Federal Railroad Administration whenever a tank car containing any flammable cryogenic liquid is not received by the consignee within 20 days from the date of shipment. Notification to the Federal Railroad Administration may be made by e-mail to Hmassist@fra.dot.gov or telephone call to (202) 493–6229. * * * * * I 24. In § 173.337, in the introductory text, the first sentence is revised to read as follows: § 173.337 Nitric oxide. Nitric oxide must be packed in DOT 3A1800, 3AA1800, 3E1800, or 3AL1800 cylinders charged to a pressure of not more than 5,170 kPa (750 psig) at 21 °C PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 (70 °F) and conforming to the requirements in § 173.40. * * * * * * * * PART 178—SPECIFICATIONS FOR PACKAGINGS 25. The authority citation for part 178 continues to read as follows: I Authority: 49 U.S.C. 5101–5127; 49 CFR 1.53. I 26. In § 178.338–2, in paragraph (a), the last sentence is revised to read as follows: § 178.338–2 Material. (a) * * * All material used for evacuated jacket pressure parts must conform to the chemistry and steelmaking practices of one of the material specifications of Section II of the ASME Code or the following ASTM Specifications (IBR, see § 171.7 of this subchapter): A 242, A 441, A 514, A 572, A 588, A 606, A 633, A 715, A 1008/A 1008M, A 1011/A 1011M. * * * * * § 178.345–2 [Amended] 27. In § 178.345–2, in paragraph (a)(1), the wording ‘‘ASTM A 607’’ is removed and the wording ‘‘ASTM A 1008/ A 1008M, ASTM A 1011/A 1011M’’ is added in the appropriate numerical order. I § 178.606 [Amended] 28. In § 178.606, in paragraph (c)(2)(ii), the following changes are made: I a. In the formula, the wording ‘‘Solids: A = (N¥1) [w + (s × v × 8.3 × .95) × 1.5’’ is removed and the wording ‘‘Solids: A = (N¥1) (m × 1.5)’’ is added in its place; I b. In the definitions following the formula, the wording ‘‘m = the certified maximum gross mass for the container in kilograms;’’ is added in appropriate alphabetical order. I PART 179—SPECIFICATIONS FOR TANK CARS 29. The authority citation for part 179 continues to read as follows: I Authority: 49 U.S.C. 5101–5127; 49 CFR part 1.53. I 30. In § 179.200–7, in paragraph (e), the first sentence is revised to read as follows: § 179.200–7 * Materials. * * * * (e) Nickel plate: Nickel plate must comply with the following specification (IBR, see § 171.7 of this subchapter): * * * * * * * * E:\FR\FM\13JNR1.SGM 13JNR1 Federal Register / Vol. 70, No. 112 / Monday, June 13, 2005 / Rules and Regulations I offered for transportation in commerce where use of a specification packaging is required. I 33. A new section 180.212 is added to read as follows: Authority: 49 U.S.C. 5101–5127; 49 CFR 1.53. § 180.212 Repair of DOT–3 series specification cylinders. PART 180—CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS 31. The authority citation for part 180 continues to read as follows: 32. In § 180.205, paragraphs (c)(2)(i), (i)(2) and (i)(3) are revised to read as follows: I § 180.205 General requirements for requalification of cylinders. * * * * * (c) * * * (2) * * * (i) Rejected and may be repaired or rebuilt in accordance with § 180.211 or § 180.212, as appropriate; or * * * * * (i) * * * (2) When a cylinder must be condemned, the requalifier must— (i) Stamp a series of X’s over the DOT specification number and the marked pressure or stamp ‘‘CONDEMNED’’ on the shoulder, top head, or neck using a steel stamp; (ii) For composite cylinders, securely affix to the cylinder a label with the word ‘‘CONDEMNED’’ overcoated with epoxy near, but not obscuring, the original cylinder manufacturer’s label; or (iii) As an alternative to the stamping or labeling as described in this paragraph (i)(2), at the direction of the owner, the requalifier may render the cylinder incapable of holding pressure. (3) No person may remove or obliterate the ‘‘CONDEMNED’’ marking. In addition, the requalifier must notify the cylinder owner, in writing, that the cylinder is condemned and may not be filled with hazardous material and VerDate jul<14>2003 15:44 Jun 10, 2005 Jkt 205001 (a) General requirements for repair of DOT 3 series cylinders. (1) No person may repair a DOT 3-series cylinder unless— (i) The repair facility holds an approval issued under the provisions of subpart I of part 107 of subchapter A of this chapter; and (ii) Except as provided in paragraph (b) of this section, the repair and the inspection are performed under the provisions of an approval issued under subpart H of part 107 of subchapter A of this chapter and conform to the applicable cylinder specification contained in Part 178 of this subchapter. (2) The person performing the repair must prepare a report containing, at a minimum, the results prescribed in § 180.215. (b) Repairs not requiring prior approval. Approval is not required for the following specific repairs: (1) The removal and replacement of a neck ring or foot ring on a DOT 3A, 3AA, or 3B cylinder that does not affect a pressure part of the cylinder when the repair is performed by a repair facility or a cylinder manufacturer of these types of cylinders. The repair may be made by welding or brazing in conformance with the original specification. After removal and before replacement, the cylinder must be visually inspected and any defective cylinder must be rejected. The heat treatment, testing and inspection of the repair must be performed under the PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 34077 supervision of an inspector and in accordance with the original specification. (2) External re-threading of a DOT 3AX, 3AAX or 3T cylinder or internal re-threading of a DOT–3 series cylinder to restore the total number of neck threads engaged to the condition specified in the applicable specification. The repair work must be performed by a manufacturer of these types of cylinders. Upon completion of the rethreading, the threaded opening must be inspected by an independent inspection agency and gauged in accordance with Federal Standard H–28 or an equivalent standard containing the same specification limits. The re-threaded cylinder must be stamped clearly and legibly with the word ‘‘RETHREAD’’ on the shoulder, head, or neck. No cylinder may be re-threaded more than one time without approval of the Associate Administrator. 34. In § 180.417, paragraph (b)(2)(v) is revised to read as follows: I § 180.417 Reporting and record retention requirements. * * * * * (b) * * * (2) * * * (v) ASME or National Board Certificate of Authorization number of facility performing repairs, if applicable; * * * * * Issued in Washington, DC on June 6, 2005 under authority delegated in 49 CFR part 1. Stacey L. Gerard, Acting Assistant Administrator/Chief Safety Officer, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 05–11647 Filed 6–10–05; 8:45 am] BILLING CODE 4910–60–P E:\FR\FM\13JNR1.SGM 13JNR1

Agencies

[Federal Register Volume 70, Number 112 (Monday, June 13, 2005)]
[Rules and Regulations]
[Pages 34066-34077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11647]



[[Page 34066]]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 178, 179 and 180

[Docket No. PHMSA-04-18683 (HM-218C)]
RIN 2137-AD87


Hazardous Materials; Miscellaneous Amendments

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Final rule.

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SUMMARY: This final rule amends the Hazardous Materials Regulations by 
incorporating miscellaneous changes based on petitions for rulemaking 
and PHMSA initiatives. The intended effect of these regulatory changes 
is to update, clarify or provide relief from certain regulatory 
requirements.

DATES: Effective Date: The effective date of these amendments is August 
12, 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 August 12, 2005.

FOR FURTHER INFORMATION CONTACT: Gigi Corbin, Office of Hazardous 
Materials Standards, (202) 366-8553, Pipeline and Hazardous Materials 
Safety Administration, U.S. Department of Transportation, 400 Seventh 
Street, SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    This final rule reduces regulatory burdens on industry by 
incorporating changes into the Hazardous Materials Regulations (HMR) 
based on PHMSA's own initiatives and petitions for rulemaking submitted 
in accordance with 49 CFR 106.95. In a continuing effort to review the 
HMR for necessary revisions, PHMSA (``we'' and ``us'') is eliminating, 
revising, clarifying and relaxing certain other regulatory 
requirements. On August 12, 2004, RSPA, the predecessor agency to 
PHMSA, published a notice of proposed rulemaking (NPRM) under Docket 
RSPA-04-18683 (HM-218C; 69 FR 49846). The NPRM contained information 
concerning each proposal and invited public comment. Readers should 
refer to the NPRM for additional background discussion. We received 
eight comments in response to the NPRM. These comments were submitted 
by trade associations, such as the Air Transport Association (ATA), the 
Chlorine Institute (CI), and the International Vessel Operators 
Hazardous Materials Association, Inc. (VOHMA); hazardous materials 
consulting firms; and providers of emergency response. Most commenters 
expressed support for various proposals, but some commenters raised 
concerns about certain provisions in the proposal that are discussed 
below. Certain commenters raised issues that are beyond the scope of 
this rulemaking; such comments will not be addressed.
    The following is a section-by-section summary of changes, and, 
where applicable, a discussion of comments received.

Section-by-Section Review

Part 171
Section 171.7
    In the NPRM, we proposed to incorporate by reference a document 
entitled ``An Example of a Test Method for Vent Sizing--OPPSD/SPI 
Methodology,'' which described an alternative method to determine the 
vent size of emergency relief devices on portable tanks transporting 
organic peroxides. This document was added to the Sec.  171.7(b) List 
of informational materials not requiring incorporation by reference in 
a final rule published December 20, 2004, under Docket No. RSPA-04-
17036 (HM-215G; 69 FR 76061); therefore, the proposal is not adopted in 
this final rule.
    Under the entry ``American Society for Testing and Materials'' 
(ASTM), we are incorporating by reference ASTM Standards A 1008/A 
1008M-03 ``Standard Specification for Steel, Sheet, Cold-Rolled, 
Carbon, Structural, High-Strength Low-Alloy and High-Strength Low-Alloy 
with Improved Formability'' and A 1011/A 1011M-03a ``Standard 
Specification for Steel, Sheet and Strip, Hot-Rolled, Carbon, 
Structural, High-Strength Low-Alloy and High-Strength Low-Alloy with 
Improved Formability.'' We received a comment from the ASTM requesting 
we incorporate by reference ASTM Standards A1008/A1008M-04b and A1011/
A1011M-04a to reflect the latest version of these standards. Because we 
did not propose to incorporate the newer edition of these standards in 
the NPRM, we are not incorporating them at this time. These standards 
may be considered for incorporation by reference in a future 
rulemaking.
    We are updating the Compressed Gas Association ``CGA Pamphlet C-
6.1, Standards for Visual Inspection of High Pressure Aluminum 
Compressed Gas Cylinders'' from the 1995 edition to the 2002 edition. 
We proposed to update CGA Pamphlet C-6.1 in an NPRM published on 
September 10, 2003, under Docket No. RSPA-03-14405 (HM-220F; 68 FR 
53318). Because of delay in finalizing HM-220F, we are incorporating 
the 2002 edition of CGA Pamphlet C-6.1 in this final rule. The 2002 
edition of the standard has provisions discussing cleaning methods that 
may result in the removal of cylinder wall material. It also contains a 
new requirement that all aluminum cylinders be internally inspected for 
cracks in the neck region. Also see Sec.  180.212 preamble discussion.
    We are incorporating by reference the Department of Defense's (DOD) 
``Packaging of Hazardous Material, DLAD 4145.41/AR 700-143/AFJI 24-210/
NAVSUPINST 4030.55B/MCO 4030.40B.''
    Also, we are updating the following documents which are 
incorporated by reference:

--Chlorine Institute instruction booklets entitled ``Chlorine Institute 
Emergency Kit `A' for 100-lb. & 150-lb. Chlorine Cylinders'' (Edition 
10, June 2003) and ``Chlorine Institute Emergency Kit `B' for Chlorine 
Ton Containers'' (Edition 9, June 2003);
--Transport Canada ``Transportation of Dangerous Goods Regulations 
(August 15, 2001)'' edition.

    In paragraph (b), we are removing the table entry ``National 
Association of Corrosive Engineers (NACE)'' and NACE Standard TM-01-69 
which described an acceptable test for a liquid corrosive material. 
This entry is obsolete because the definition and testing methods for 
corrosive materials have been revised.
Section 171.8
    In the NPRM, we proposed to revise the definition for ``Materials 
of trade'' (MOTS) by removing the phrase ``in direct support of a 
principal business that is other than transportation by motor 
vehicle.'' This would allow private carriage of qualified hazardous 
materials under the MOTs exception regardless of the principal business 
of the carrier. We received one comment in favor of this proposal. 
Since publication of the NPRM, we have identified additional issues 
pertaining to the transportation of hazardous materials under the MOTs 
exception that require further study; therefore, we are not adopting 
the proposal in this final rule.
Section 171.12a
    In paragraph (b)(2), we are clarifying that certain exceptions in 
Transport Canada's Transportation of Dangerous Goods (TDG) Regulations 
are not

[[Page 34067]]

recognized under the reciprocity provisions; specifically, materials 
subject to the 500 kg exception in paragraph 1.16 of the TDG 
Regulations may not be transported under the provisions of Sec.  
171.12a and are subject to the requirements of the HMR.
Section 171.14
    We are removing paragraph (d)(3) because the transition period for 
use of the KEEP AWAY FROM FOOD label and placard has expired.
Part 172
Section 172.101
    We are adding a statement in Sec.  172.101(i)(3) and a new 
paragraph (i)(5) to clarify that some bulk packaging authorizations are 
found in column (8B) and the special provisions in column (7) of the 
HMT.
    We are revising the entry for ``Bromine'' and adding two new 
entries, one for bromine solution, PIH Zone A and one for bromine 
solution, PIH Zone B. This recognizes that some bromine solutions do 
not meet the criteria for a PIH Zone A material and are, in fact, in 
Hazard Zone B. Also, for the entry ``Bromine'' we are adding stowage 
category ``D'' for vessel transportation in column (10A) of the HMT. In 
the NPRM, we proposed to remove Special provisions A3 and A6 in column 
(7) for the entry ``Bromine.'' Special provisions A3 and A6 were 
removed in a final rule published December 20, 2004, under Docket No. 
RSPA-04-17036 (HM-215G; 69 FR 76075).
    We are reinstating the entry ``Denatured Alcohol, NA 1987'' in 
response to a petition by the Renewable Fuels Association (P-1430). We 
are also adding a new Special provision 172 for the entries ``Denatured 
Alcohol, NA 1987'' and ``Alcohols, n.o.s., UN 1987'' to allow solutions 
of alcohol and petroleum products to be described as either ``Denatured 
Alcohol'' or ``Alcohols, n.o.s.'' provided the solution contains no 
more than 5% petroleum products.
    For the entries ``sec-Butyl chloroformate, NA 2742'' and ``Isobutyl 
chloroformate, NA 2742'' we are adding the word ``Forbidden'' in 
columns (9A) and (9B). These materials are poisonous by inhalation in 
Hazard Zone B and are forbidden on passenger and cargo only aircraft.
    For the entry ``Refrigerating machines, containing flammable, non-
toxic, liquefied gas, UN 3358'' we are adding a reference to Sec.  
173.307 in column (8A) of the HMT. This will except refrigerating 
machines containing 12 kg (25 pounds) or less of a flammable, non-toxic 
gas from the HMR, except when offered or transported by air or vessel. 
We are also correcting inconsistencies with the International Maritime 
Dangerous Goods (IMDG) Code pertaining to vessel stowage for this 
entry.
    In the NPRM, we proposed to add a reference to the limited quantity 
exception for flammable liquids in Column (8A) of the HMT for the entry 
``1,3,5-Trimethylbenzene, UN 2325.'' We revised the entry ``1,3,5-
Trimethylbenzene, UN 2325'' in a final rule published December 20, 
2004, under Docket No. RSPA-04-17036 (HM-215G; 69 FR 76145) to include 
the limited quantity exception.
Section 172.102
    We are revising Special provision 53 to provide relief from the 
subsidiary hazard class/division entry on the shipping paper if the 
material is excepted from the subsidiary label requirements. We are 
also adding a new Special provision 172 for alcohol mixtures containing 
up to 5% petroleum products.
Section 172.203
    We are adding a new paragraph (l)(4) that cross-references the 
requirements and exceptions for marine pollutants in Sec.  171.4. A 
commenter suggests that the language proposed in the NPRM might suggest 
``the consignor who packs the freight container or other cargo 
transport unit and offers it in intermodal transportation has no 
obligation to declare the marine pollutant on the shipping paper, or 
mark the inner packages and the CTU with the MARINE POLLUTANT mark 
since the initial transport is by road or rail.'' The commenter asks us 
to exclude shipments that are ``intended for vessel transportation'' 
from the exception in Sec.  171.4. We disagree. Marine pollutants in 
non-bulk packagings transported domestically by rail or motor vehicle 
are not subject to the HMR. If subsequent transportation is by vessel, 
the shipment must be brought into compliance. The HMR do not prescribe 
how this is to be accomplished; it is left to the shippers' discretion. 
Mandating compliance with the vessel transportation requirements of the 
HMR or the IMDG Code from the original point of origin may impose 
additional burdens and costs to the offeror. We did not consider such 
burdens and associated costs and consider this comment beyond the scope 
of this rulemaking. We disagree with the commenter that the proposed 
language creates difficulties for the shipper; it is a cross-reference 
to existing language in Sec.  171.4 and does not impose additional 
burdens. We are adopting the paragraph as proposed.
Section 172.205
    We are adding a new paragraph (i) alerting the user that the word 
``Waste'' must precede the proper shipping name as provided by Sec.  
172.101(c)(9).
Section 172.504
    We are amending Sec.  172.504(g)(2) to clarify that explosives 
articles of compatibility groups C, D, or E when transported with 
explosives articles in compatibility group N may be placarded with a 
Class 1 compatibility group D placard. The display of only one placard 
bearing one compatibility letter when certain Class 1 materials of 
different compatibility groups are transported together in a single 
transport vehicle or container is authorized in the HMR.
Section 172.519
    We are editorially revising paragraph (f) by adding the 
parenthetical phrase ``(IBR, see Sec.  171.7 of this subchapter),'' 
after the wording ``ICAO Technical Instructions, the IMDG Code, or the 
TDG Regulations.''
Part 173
Section 173.7
    We are authorizing military shipments of hazardous materials to be 
packaged in accordance with the procedures prescribed in the DOD 
document ``Packaging of Hazardous Material, DLAD 4145.41/AR 700-143/
AFJI 24-210/NAVSUPINST 4030.55B/MCO 4030.40B'' as an alternative to the 
HMR. This document replaces the packaging standards in the document 
``Performance Oriented Packagings of Hazardous Material, DLAR 4145.41/
AR 700-143/AFR 71-5/NAVSUPINST 4030.55/MCO 4030.40.''
Section 173.28
    In paragraph (b)(3), we are clarifying that packagings made of 
fiberboard are authorized for reuse.
Section 173.31
    We are amending paragraph (b) to except tank cars transporting 
elevated temperature materials and molten sulfur from retrofit bottom 
discontinuity protection requirements. Based on past risk-analysis 
evaluations conducted by the Federal Railroad Administration (FRA) and 
industry, it was determined that tank cars transporting elevated 
temperature materials and molten sulfur do not require retrofit 
protection.
Section 173.150
    In the NPRM, we proposed to remove paragraph (f)(1), which contains 
the

[[Page 34068]]

definition of ``combustible liquid.'' The definition is also found in 
Sec.  173.120 Class 3--Definitions. VOHMA requested we reconsider this 
proposal because of problems that are encountered in intermodal 
transportation. Combustible liquids in non-bulk packagings are not 
subject to the HMR when transported domestically. VOHMA states that 
when these shipments are subsequently offered for international 
transportation, re-shippers may be unaware that these materials are 
regulated in international commerce and may fail to comply with the 
applicable regulations. VOHMA suggests that retaining the 
classification criteria for a combustible liquid in Sec.  173.150 may 
alert shippers to the classification differences between the HMR and 
international regulations and prevent undeclared hazardous materials 
from entering the transportation system. We agree, and are not adopting 
this proposal.
Section 173.225
    In the NPRM, we proposed to revise the Note to paragraph (e)(3)(vi) 
by authorizing an alternative method to determine the size of 
emergency-relief devices on portable tanks. In a final rule published 
on December 20, 2004, under Docket No. RSPA 04-17036 (HM-215G; 69 FR 
76172), we redesignated paragraph (e) as paragraph (h) and authorized 
this alternative method of an emergency-relief device sizing.
Section 173.241
    For clarity, in paragraph (c), we are adding a reference to certain 
additional requirements in Sec.  176.340 that apply when offering 
combustible liquids in portable tanks for transportation by vessel.
Section 173.301
    In the NPRM, we proposed to revise the requirement in paragraph 
(a)(9) that a strong outer packaging containing specification 2P, 2Q, 
3E, 3HT, spherical 4BA, 4D, 4DA, 4DS, and 39 cylinders must conform to 
the requirements in Sec.  173.25. Instead of referencing Sec.  173.25, 
we proposed to require the outside of the combination packaging to be 
marked with an indication that the inner packagings conform to the 
prescribed specification. Our intention was to clarify that the outer 
packaging is not an overpack and, thus, each inner cylinder must comply 
with the Part 172 marking and labeling requirements. The Air Transport 
Association (ATA) objects to marking the outer packaging with a 
statement indicating that the inner packagings conform to the 
prescribed specifications because it implies ``that the outer 
packagings are in fact overpacks and would create inconsistency with 
the International Civil Aviation Organization's Technical Instructions, 
where, beginning in 2005, an overpack must be marked with the word 
`Overpack.' '' ATA also requests that we delete the reference to an 
overpack in Special provision A52. ATA states that air carriers use 
many thin walled DOT 3HT cylinders that are required to be placed in 
outer packagings meeting the ATA specification 300 standard and meet 
the strong outer packaging requirement in Sec.  173.302a(a)(2) of the 
HMR. ATA states that, should the proposed marking be finalized, air 
carriers will be forced to use separate marked packagings for their DOT 
3HT cylinders. Also, ATA suggests that operational confusion regarding 
the appropriate use or reuse of outer packagings marked with the 
proposed marking instead of the ``Overpack'' marking could lead to 
unwarranted actions by enforcement personnel.
    We disagree with ATA that a marking indicating the inner packagings 
conforming to the prescribed specification implies the packaging is an 
overpack. There are other instances in the HMR where this marking is 
required, e.g., in Sec.  173.306 where DOT 2P and 2Q containers must be 
in a combination packaging and the outer packaging is a non-
specification packaging. Because the outer packaging does not have 
specification markings, the proposed marking alerts anyone coming into 
contact with the package that the inner container is a specification 
packaging.
    We also disagree with ATA that Special provision A52 should be 
revised to remove the word ``overpack.'' The special provision requires 
an oxygen cylinder that is loaded into a passenger-carrying aircraft or 
into an inaccessible cargo location on a cargo-only aircraft to be 
placed in an overpack or an outer packaging meeting the performance 
criteria in ATA specification 300 for Category I. The current HMR 
requirements authorize compressed oxygen to be packaged in DOT 3, 3A, 
3AA, 3AL, 3B, 3E, 3HT, 4B, 4BA and 4BW cylinders. Of these cylinders, 
only the DOT 3E, 3HT and spherical 4BA cylinders are considered to be 
inner packagings. The other cylinders must be properly marked and 
labeled individually in accordance with Part 172 and, when offered for 
air transportation, placed in an overpack conforming to Sec.  173.25.
    In this final rule, we are revising paragraph (a)(9) to require an 
outer packaging containing specification 2P, 2Q, 3E, 3HT, spherical 
4BA, 4D, 4DA, 4DS, and 39 cylinders to be marked to indicate that the 
inner packagings conform to the prescribed specifications, as proposed 
in the NPRM. Consistent with this change, we are also revising the last 
sentence in Sec.  173.302a(a)(2) and Note 7 following the table in 
Sec.  173.304a(a)(2) by adding a reference to Sec.  173.301(a)(9).
    In paragraph (l)(2), we are revising the wording to state clearly 
that foreign cylinders filled for export, in addition to meeting the 
maximum filling density and service pressure requirements, must be 
fitted with pressure relief devices when required by the HMR for the 
gas contained within the cylinder.
    We are editorially revising paragraph (m) by adding the 
parenthetical phrase ``(IBR, see Sec.  171.7 of this subchapter)'' 
after the first occurrence of the term ``Canadian Transport of 
Dangerous Goods (TDG) Regulations.''
Section 173.302a
    In paragraph (a)(2), we are removing the reference to the overpack 
provisions in Sec.  173.25 and adding a reference to Sec.  
173.301(a)(9).
    We are editorially revising paragraph (a)(3).
    In paragraph (d), we are authorizing use of a DOT 3AL1800 cylinder 
for the transportation of diborane and diborane mixtures.
    We are adding new paragraph (e) to reinstate the requirement that a 
cylinder containing fluorine may not be charged to over 400 psig at 21 
[deg]C (70 [deg]F) and may not contain more than 2.7 kg (6 lbs) of gas.
Section 173.304a
    In the paragraph (a)(2) table, in column 3, we are removing several 
references to DOT specification 4, 4A, 9, 38, 40 and 41 cylinders that 
are no longer authorized for use. Also, for the entry 
Bromotrifluoromethane, in column 3, we are correcting the reference 
``DOT-3AL40'' to read ``DOT-3AL400.'' We are revising the last sentence 
in Note 7 following the table to reference the packaging provisions in 
Sec.  173.301(a)(9). We are also correcting a typographical error in 
Note 8.
Sections 173.314 and 173.319
    In the NPRM, we proposed to require notification of delayed rail 
cars containing a time-sensitive product to the FRA instead of the 
Bureau of Explosives (BOE). Two commenters, the Chlorine Institute and 
the BOE, support moving the reporting requirements to FRA. The Chlorine 
Institute also states that the carrier, not the shipper, should be 
reporting the delay since the carrier knows where the rail car is. In 
the NPRM, we did not propose to transfer

[[Page 34069]]

this requirement from the shipper to the carrier. At this time, we 
prefer to retain the reporting requirement as a shipper responsibility 
and are adopting the change as proposed.
    We also received a comment from the AAR regarding our statement in 
the Regulatory Analyses and Notices section of this rule that ``BOE no 
longer exists.'' We apologize for this misstatement. Since 1997 the 
Bureau of Explosives Field Force and associated activities have been 
under the direction of The Transportation Technology Center, Inc., 
which is a wholly owned subsidiary of the AAR.
Section 173.315
    In the paragraph (a) table, column 4, we are adding a reference to 
Note 27 for the entry ``Ammonia, anhydrous or Ammonia solutions, with 
greater than 50 percent ammonia,'' and following the table, we are 
adding a new Note 27 to authorize the use of non-specification cargo 
tanks.
Section 173.337
    In the introductory text, we are reinstating a requirement that a 
cylinder containing nitric oxide may be charged to a pressure of not 
more than 5,170 kPa (750 psig) at 21[deg] C (70[deg] F).
Part 178
Sections 178.338-2 and 178.345-2
    We are removing the reference to ASTM Standard A 607 and adding 
ASTM Standards A 1008/A 1008M and A 1011/A 1011M in its place.
Section 178.606
    In paragraph (c)(2), we are correcting the formula for calculating 
the pressure to be applied when a packaging containing a solid is 
subjected to a dynamic compression test.
Part 179
Section 179.200-7
    In paragraph (e), we are adding a reference to Sec.  171.7 for a 
standard that is incorporated by reference.
Part 180
Section 180.205
    In paragraph (c)(2), we are adding a reference to new Sec.  
180.212. See Sec.  180.212 preamble discussion. Also, we are broadening 
the provisions in paragraph (i)(2) to allow a composite cylinder that 
is condemned to have the wording ``CONDEMNED'' displayed instead of 
stamped on the cylinder. The use of a label is currently authorized in 
some exemptions.
Section 180.212
    We are adding a new section allowing repairs to a DOT 3-series 
cylinder under the terms of an approval issued by the Associate 
Administrator under Subpart I of Part 107. In addition, the person who 
performs the repair work must have an approval as currently required 
under Subpart H of Part 107. An approval will not be required for the 
removal and replacement of non-pressure components on a DOT 3-series 
cylinder, such as a neck ring or foot ring; the replacement material 
must be equivalent to that used at the time of original manufacture.
    Additionally, in the NPRM, we proposed that an approval would not 
be required for the repair of worn or damaged cylinder neck threads 
when performed by the original cylinder manufacturer in accordance with 
the cylinder's specification requirements and under the supervision of 
an independent inspection agency. We are relaxing this provision to 
permit re-threading to be performed by any manufacturer of these types 
of cylinders. CGA Pamphlets C-6 and C-6.1 contain guidelines for 
inspection of the cylinder neck areas for damaged threads. The cylinder 
must be rejected if the required number of effective threads are not 
engaged to provide a gas-tight seal. The rejected cylinder may qualify 
for repair to restore the effectiveness of the threads. If the threads 
cannot be repaired, the cylinder must be condemned. We proposed to 
update the reference to CGA Pamphlet C-6.1 from the 1995 to the 2002 
edition in an NPRM published on September 10, 2003 (HM-220F; 68 FR 
53318). The 2002 edition contains criteria for inspection of cylinder 
neck threads for abnormal thread conditions resulting from structural 
defects, corrosion, or damage. Because of delay in finalizing HM-220F, 
we are incorporating the 2002 edition of CGA Pamphlet C-6.1 in this 
final rule. Currently CGA is updating CGA Pamphlet C-6 to better 
address inspection for neck areas on high pressure and low pressure 
steel cylinders. We will consider adopting the revised pamphlet in a 
future rulemaking.
Section 180.417
    In paragraph (b)(2)(v), we are reinstating the requirement that 
each test or inspection report completed for a repaired cargo tank must 
include the ASME or National Board Certificate of Authorization number 
of the facility performing the repairs.

Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking
    This final rule is published under authority of Federal hazardous 
materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et 
seq.) Section 5103(b) of Federal hazmat law authorizes the Secretary of 
Transportation to prescribe regulations for the safe transportation, 
including security, of hazardous materials in intrastate, interstate, 
and foreign commere.
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 of the U.S. Department of 
Transportation (44 FR 11034). The costs and benefits of this rule are 
considered to be so minimal as to not warrant preparation of a 
regulatory evaluation.
    In this final rule, we are amending miscellaneous provisions in the 
HMR to clarify the provisions and to relax overly burdensome 
requirements. We are also responding to requests from industry 
associations to update and add references to standards that are 
incorporated in the HMR. These clarifications and updates of the HMR 
will enhance safety while reducing the compliance burden on the 
regulated industry. In the NPRM, we invited public comment on any 
impacts of the proposed changes. We did not receive any comments 
regarding the impacts of these changes.
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. 
5125(b)(1), contains an express preemption provision (49 U.S.C. 
5125(b)) preempting State, local, and Indian tribe requirements on 
certain covered subjects:

[[Page 34070]]

    (1) The designation, description, and classification of hazardous 
material;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous material;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous material and requirements related to the number, 
content, and placement of those documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or
    (5) The design, manufacture, fabrication, marking, maintenance, 
reconditioning, repair, or testing of a packaging or container which is 
represented, marked, certified, or sold as qualified for use in the 
transport of hazardous material.
    This final rule addresses covered subject items (1), (2), and (5) 
described above 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 PHMSA issues a regulation concerning any of 
the covered subjects, PHMSA must determine and publish in the Federal 
Register the effective date of Federal preemption. That 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 of this final rule is 90 days from 
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 and does not impose substantial 
direct compliance costs, the funding and consultation requirements of 
Executive Order 13175 do not apply.
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 amends miscellaneous provisions in the HMR to clarify 
provisions based on our own initiatives and also on petitions for 
rulemaking. While maintaining safety, it relaxes certain requirements 
that are overly burdensome and updates references to consensus 
standards that are incorporated in the HMR. These amendments are 
intended to provide relief to shippers, carriers, and packaging 
manufacturers, including 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. The changes 
proposed in this Notice will enhance safety while reducing the 
compliance burden on the regulated industry. I certify that this final 
rule does not have a significant economic impact on a substantial 
number of small entities.
F. Paperwork Reduction Act
    PHMSA currently has an approved information collection under OMB 
Control Number 2137-0559, ``Requirements for Rail Tank Car Tanks--
Transportation of Hazardous Materials by Rail'' with 2,759 burden 
hours, and an expiration date of May 31, 2006. This final rule will 
result in a minimal increase in information collection and 
recordkeeping burden under OMB Control Number 2137-0559, due to 
editorial changes to Sec. Sec.  173.314 and 173.319. We are removing 
references to BOE in Sec. Sec.  173.314 and 173.319, and replacing them 
with references to FRA. Therefore, this final rule will result in a 
minimal increase in burden since FRA instead of BOE will now be 
notified if a rail car containing a time-sensitive product is not 
received within 20 days from shipment.
    Section 1320.8(d), Title 5, Code of Federal Regulations requires 
that PHMSA provide interested members of the public and affected 
agencies an opportunity to comment on information collection and 
recordkeeping requests. This final rule identifies a revised 
information collection request that PHMSA will submit to OMB for 
approval based on the requirements in this final rule.
    PHMSA has developed burden estimates to reflect changes in this 
final rule. The revised burden indicated below includes revisions in 
this final rule and corrections of previous mathematical errors 
discovered during the review process. PHMSA estimates the net total of 
information and recordkeeping burden in this final rule as: 
``Requirements for Rail Tank Car Tanks--Transportation of Hazardous 
Materials by Rail'' OMB Number 2137-0559:
    Total Annual Number of Respondents: 266.
    Total Annual Responses: 16,781.
    Total Annual Burden Hours: 2,689.
    Total Annual Burden Cost: $102,586.25.
    Requests for a copy of this information collection should be 
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous 
Materials Standards (PHH-11), Pipeline and Hazardous Materials Safety 
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 approval for this information collection 
request when approved by OMB.
    In addition, you may submit comments specifically related to the 
information collection burden to the PHMSA Desk Officer, OMB, at fax 
number 202-395-6974. Under the Paperwork Reduction Act of 1995, no 
person is required to respond to an information collection unless it 
displays a valid OMB control number.
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 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 objectives 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 
this final rule on the environment and have concluded that there would 
be no

[[Page 34071]]

significant environmental impacts associated with this final rule.
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 http://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 172

    Education, Hazardous materials transportation, Hazardous waste, 
Incorporation by reference, Labeling, Markings, Packaging and 
containers, Reporting and recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Incorporation by reference, 
Packaging and containers, Radioactive materials, Reporting and 
recordkeeping equirements, Uranium.

49 CFR Part 178

    Hazardous materials transportation, Incorporation by reference, 
Motor vehicle safety, Packaging and containers, Reporting and 
recordkeeping requirements.

49 CFR Part 179

    Hazardous materials transportation, Railroad safety, Reporting and 
recordkeeping requirements.

49 CFR Part 180

    Hazardous materials transportation, Incorporation by reference, 
Motor carriers, Motor vehicle safety, Packaging and containers, 
Railroad Safety, 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:
0
a. In the paragraph (a)(3) table:
0
(1) Under the entry ``American Society for Testing and Materials,'' two 
new standards are added in appropriate numerical order;
0
(2) Under the entry ``Chlorine Institute, Inc.,'' the address for the 
Chlorine Institute and the entries for Chlorine Institute Emergency Kit 
``A'' and ``B'' are revised;
0
(3) Under the entry ``Compressed Gas Association, Inc.,'' the entry for 
pamphlet C-6.1 is revised;
0
(4) Under the entry ``Department of Defense (DOD),'' a new entry is 
added in appropriate alphabetical order; and
0
(5) Under the entry ``Transport Canada,'' the entry is revised.
0
b. In the paragraph (b) table, the entry ``National Association of 
Corrosion Engineers,'' is removed.
    The revisions and additions 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 for Testing and
 Materials.
 
                              * * * * * * *
ASTM A 1008/A 1008M--03 Standard    178.338-2; 178.345-2
 Specification for Steel, Sheet,
 Cold-Rolled, Carbon, Structural,
 High-Strength Low-Alloy and High
 Strength Low-Alloy with Improved
 Formability.
ASTM A 1011/A 1011M--03a Standard   178.338-2; 178.345-2
 Specification for Steel, Sheet
 and Strip, Hot-Rolled, Carbon,
 Structural, High-Strength Low
 Alloy and High Strength Low-Alloy
 with Improved Formability.
 
                              * * * * * * *
Chlorine Institute, Inc., 1300
 Wilson Boulevard, Arlington, VA
 22209
Chlorine Institute Emergency Kit    173.3
 ``A'' for 100-lb. & 150 lb.
 Chlorine Cylinders (with the
 exception of repair method using
 Device 8 for side leaks), Edition
 10, June 2003.
Chlorine Institute Emergency Kit    173.3
 ``B'' for Chlorine Ton Containers
 (with the exception of repair
 method using Device 9 for side
 leaks), Edition 9, June 2003.
 
                              * * * * * * *
Compressed Gas Association, Inc.,
CGA Pamphlet C-6.1, Standards for   180.205; 180.209
 Visual Inspection of High
 Pressure Aluminum Compressed Gas
 Cylinders, 2002, Fourth Edition.
 
                              * * * * * * *
Department of Defense (DOD),
 
                              * * * * * * *
Packaging of Hazardous Material,    173.7
 DLAD 4145.41/ AR 700-143/AFJI 24-
 210/NAVSUPINST 4030.55B/MCO
 4030.40B, January 14, 2000.
 
                              * * * * * * *
Transport Canada,
 
                              * * * * * * *
Transportation of Dangerous Goods   171.12a; 172.401; 172.502; 172.519;
 (TDG) Regulations, August 2001      172.602; 173.301.
 including Clear Language
 Amendments SOR/2001-286,
 Amendment 1 (SOR/2002-306) August
 8, 2002; Amendment 2 (SOR/2003-
 273) July 24, 2003; and Amendment
 3 (SOR/2003-400) December 3, 2003.

[[Page 34072]]

 
 
                              * * * * * * *
------------------------------------------------------------------------


0
3. In Sec.  171.12a, paragraph (b)(2) is revised to read as follows:


Sec.  171.12a  Canadian shipments and packagings.

* * * * *
    (b) * * *
    (2) A material designated as a hazardous material under this 
subchapter which is not subject to the requirements of the TDG 
Regulations or is afforded hazard communication or packaging exceptions 
not authorized in this subchapter (e.g., paragraph 1.16 of the TDG 
Regulations excepts quantities of hazardous materials less than or 
equal to 500 kg gross transported by highway or rail) may not be 
transported under the provisions of this section.
* * * * *


Sec.  171.14  [Amended]

0
4. In Sec.  171.14, paragraph (d)(3) is removed and reserved.

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND 
TRAINING REQUIREMENTS

0
5. The authority citation for part 172 continues to read as follows:

    Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.53.


0
6. In Sec.  172.101, the first and second sentences in paragraph (i)(3) 
are revised and a new paragraph (i)(5) is added to read as follows:


Sec.  172.101  Purpose and use of the hazardous materials table.

* * * * *
    (i) * * *
    (3) * * * Column (8C) specifies the section in part 173 of this 
subchapter that prescribes packaging requirements for bulk packagings, 
subject to the limitations, requirements, and additional authorizations 
of Columns (7) and (8B). A ``None'' in Column (8C) means bulk 
packagings are not authorized, except as may be provided by special 
provisions in Column (7) and in packaging authorizations Column (8B). * 
* *
* * * * *
    (5) Cylinders. For cylinders, both non-bulk and bulk packaging 
authorizations are set forth in Column (8B). Notwithstanding a 
designation of ``None'' in Column (8C), a bulk cylinder may be used 
when specified through the section reference in Column (8B).
* * * * *

0
7. In Sec.  172.101, the Hazardous Materials Table is amended by 
removing, adding and revising, in the appropriate alphabetical 
sequence, the following entries to read as follows:

[[Page 34073]]



                                                                            Sec.   172.101 Hazardous Materials Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
              Hazardous                                                                           (8)  Packaging (Sec.   173.* * *)      (9)  Quantity limitations        (10)  Vessel stowage
              materials                                                             Special     ------------------------------------------------------------------------------------------------
 Symbols     descriptions   Hazard class or  Identification    PG      Label       provisions
              and proper        division         Numbers               codes         (Sec.       Exceptions   Non-bulk      Bulk        Passenger      Cargo aircraft   Location       Other
            shipping names                                                          172.102)                                          aircraft/rail         only
(1)        (2)............  (3.............  (4)...........  (5)...  (6)......  (7)............  (8A)......  (8B)......  (8C)......  (9A)...........  (9B)...........  (10A).....  (10B)
----------
 
                                                                                          * * * * * * *
           [REMOVE:]
----------
 
                                                                                          * * * * * * *
+........  Bromine or       8..............  UN1744........  I.....  8, 6.1...  1, B9, B64,      None......  227.......  249.......  Forbidden......  Forbidden......  D.........  12, 40, 66,
            Bromine                                                              B85, N34, N43,                                                                                     74, 89, 90
            solutions.                                                           T22, TP2,
                                                                                 TP10, TP12,
                                                                                 TP13.
----------
 
                                                                                          * * * * * * *
           [ADD:]
 
                                                                                          * * * * * * *
+........  Bromine........  8..............  UN1744........  I.....  8, 6.1...  1, B9, B64,      None......  226.......  249.......  Forbidden......  Forbidden......  D.........  12, 40, 66,
                                                                                 B85, N34, N43,                                                                                     74, 89, 90
                                                                                 T22, TP2,
                                                                                 TP10, TP12,
                                                                                 TP13.
+........  Bromine          8..............  UN1744........  I.....  8, 6.1...  1, B9, B64,      None......  226.......  249.......  Forbidden......  Forbidden......  D.........  12, 40, 66,
            solutions.                                                           B85, N34, N43,                                                                                     74, 89, 90
                                                                                 T22, TP2,
                                                                                 TP10, TP12,
                                                                                 TP13.
+........  Bromine          8..............  UN1744........  I.....  8, 6.1...  2, B9, B64,      None......  227.......  249.......  Forbidden......  Forbidden......  D.........  12, 40, 66,
            solutions.                                                           B85, N34, N43,                                                                                     74, 89, 90
                                                                                 T22, TP2,
                                                                                 TP10, TP12,
                                                                                 TP13.
 
                                                                                          * * * * * * *
D........  Denatured        3..............  NA1987........  II....  3........  172, T8, T31...  150.......  202.......  242.......  5 L............  60 L...........  B.........
            alcohol.
                                                             III...  3........  172, B1, T7,     150.......  203.......  242.......  60 L...........  220 L..........  A.........
                                                                                 T30.
 
                                                                                          * * * * * * *
           [REVISE:]
 
                                                                                          * * * * * * *
           Alcohols,        3..............  UN1987........  1.....  3........  172, T11, TP1,   None......  201.......  243.......  1 L............  30 L...........  E.........
            n.o.s..                                                              TP8, TP27.
                                                             II....  3........  172, 1B2, T7,    150.......  202.......  242.......  5 L............  60 L...........  B.........
                                                                                 TP1, TP8, TP28.
                                                             III...  3........  172, B1, IB3,    150.......  203.......  242.......  60 L...........  220 L..........  A.........
                                                                                 T4, TP1, TP29.
 
                                                                                          * * * * * * *
D........  sec-Butyl        6.1............  NA2742........  I.....  6.1, 3, 8  2, B9, B14,      None......  227.......  244.......  Forbidden......  Forbidden......  A.........  12, 13, 22,
            chloroformate.                                                       B32, B74, T20,                                                                                     25, 40, 48,
                                                                                 TP4, TP12,                                                                                         100
                                                                                 TP13, TP38,
                                                                                 TP45.
 
                                                                                          * * * * * * *
D........  Isobutyl         6.1............  NA2742........  I.....  6.1, 3, 8  2, B9, B14,      None......  227.......  244.......  Forbidden......  Forbidden......  A.........  12, 13, 22,
            chloroformate.                                                       B32, B74, T20,                                                                                     25, 40, 48,
                                                                                 TP4, TP12,                                                                                         100
                                                                                 TP13, TP38,
                                                                                 TP45.
 

[[Page 34074]]

 
                                                                                          * * * * * * *
           Refrigerating    2.1............  UN3358........  ......  2.1......  ...............  306, 307..  306.......  306.......  Forbidden......  Forbidden......  D.........  40
            machines,
            containing
            flammable, non-
            toxic,
            liquefied gas.
 
                                                                                          * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 34075]]


0
8. In Sec.  172.102, in paragraph (c)(1), in Special provision 53, the 
first sentence is revised and new Special provision 172 is added in 
appropriate numerical order to read as follows:


Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *
Code/Special Provisions
* * * * *
    53 Packages of these materials must bear the subsidiary risk label, 
``EXPLOSIVE'', and the subsidiary hazard class/division must be entered 
in parentheses immediately following the primary hazard class in the 
shipping description, unless otherwise provided in this subchapter or 
through an approval issued by the Associate Administrator, or the 
competent authority of the country of origin. * * *
* * * * *
    172 This entry includes alcohol mixtures containing up to 5% 
petroleum products.
* * * * *

0
9. In Sec.  172.203, a new paragraph (l)(4) is added to read as 
follows:


Sec.  172.203  Additional description requirements.

* * * * *
    (1) * * *
    (4) Except when transported aboard vessel, marine pollutants in 
non-bulk packagings are not subject to the requirements of this 
subchapter (see Sec.  171.4 of this subchapter).
* * * * *

0
10. In Sec.  172.205, a new paragraph (i) is added to read as follows:


Sec.  172.205  Hazardous waste manifest.

* * * * *
    (i) The shipping description for a hazardous waste must be modified 
as required by Sec.  172.101(c)(9).

0
11. In Sec.  172.504, paragraph (g)(2) is revised to read as follows:


Sec.  172.504  General placarding requirements.

* * * * *
    (g) * * *
    (2) Explosive articles of compatibility groups C, D, or E, when 
transported with those in compatibility group N, may be placarded 
displaying compatibility group D.
* * * * *


Sec.  172.519  [Amended]

0
12. In Sec.  172.519, in paragraph (f), the wording ``the ICAO 
Technical Instructions, the IMDG Code, or the TDG Regulations,'' is 
removed and the wording `` the ICAO Technical Instructions, the IMDG 
Code, or the TDG Regulations (IBR, see Sec.  171.7 of this 
subchapter),'' is added in its place.

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
PACKAGINGS

0
13. 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.


Sec.  173.7  [Amended]

0
14. In Sec.  173.7, in paragraph (a) introductory text, the wording 
``Performance Oriented Packaging of Hazardous Material, DLAR 4145.41/AR 
700-143/AFR 71-5/NAVSUPINST 4030.55/MCO 4030.40'' is removed and the 
wording ``Packaging of Hazardous Material, DLAD 4145.41/AR 700-143/AFJI 
24-210/NAVSUPINST 4030.55B/MCO 4030.40B (IBR, see Sec.  171.7 of this 
subchapter)'' is added in its place.

0
15. In Sec.  173.28, paragraph (b)(3) is revised to read as follows:


Sec.  173.28  Reuse, reconditioning and remanufacture of packagings.

* * * * *
    (b) * * *
    (3) Packagings made of paper (other than fiberboard), plastic film, 
or textile are not authorized for reuse;
* * * * *

0
16. In Sec.  173.31, in paragraph (b)(5), the second sentence is 
revised to read as follows:


Sec.  173.31  Use of tank cars.

* * * * *
    (b) * * *
    (5) * * * Tank cars not requiring bottom-discontinuity protection 
under the terms of Appendix Y of the AAR Specifications for Tank Cars 
as of July 1, 1996, must conform to these requirements no later than 
July 1, 2006, except that tank cars transporting a material that is 
hazardous only because it meets the definition of an elevated 
temperature material or because it is molten sulfur do not require 
bottom discontinuity protection. * * *
* * * * *

0
17. In Sec.  173.241, paragraph (c) is amended by adding a new last 
sentence to read as follows:


Sec.  173.241  Bulk packagings for certain low hazard liquid and solid 
materials.

* * * * *
    (c) * * * For transportation of combustible liquids by vessel, 
additional requirements are specified in Sec.  176.340 of this 
subchapter.
* * * * *

0
18. In Sec.  173.301, paragraphs (a)(9), (l)(2) and (m) introductory 
text are revised to read as follows:


Sec.  173.301  General requirements for shipment of compressed gases in 
cylinders and spherical pressure vessels.

    (a) * * *
    (9) Specification 2P, 2Q, 3E, 3HT, spherical 4BA, 4D, 4DA, 4DS, and 
39 cylinders must be packed in strong non-bulk outer packagings. The 
outside of the combination packaging must be marked with an indication 
that the inner packagings conform to the prescribed specifications.
* * * * *
    (1) * * *
    (2) In addition to other requirements of this subchapter, the 
maximum filling density, service pressure, and pressure relief device 
for each cylinder conform to the requirements of this part for the gas 
involved.
* * * * *
    (m) Canadian cylinders in domestic use. A Canadian Transport 
Commission (CTC) specification cylinder manufactured, originally marked 
and approved in accordance with the CTC regulations and in full 
conformance with the Canadian Transport of Dangerous Goods (TDG) 
Regulations (IBR, see Sec.  171.7 of this subchapter) is authorized for 
the transportation of a hazardous material to, from or within the 
United States under the following conditions:
* * * * *

0
19. In Sec.  173.302a, the last sentence in paragraph (a)(2), paragraph 
(a)(3) and the first sentence in paragraph (d) are revised, and a new 
paragraph (e) is added to read as follows:


Sec.  173.302a  Additional requirements for shipment of nonliquefied 
(permanent) compressed gases in specification cylinders.

    (a) * * *
    (2) * * * Specification 3HT cylinders may be offered for 
transportation only when packaged in accordance with Sec.  
173.301(a)(9).
    (3) DOT 39 cylinders. When the cylinder is filled with a Division 
2.1 material, the internal volume of the cylinder may not exceed 1.23 L 
(75 in\3\.
* * * * *
    (d) * * * Diborane and diborane mixed with compatible compressed 
gas must be offered in a DOT 3AL1800 or 3AA1800 cylinder. * * *
    (e) Fluorine. Fluorine must be shipped in specification 3A1000,

[[Page 34076]]

3AA1000, or 3BN400 cylinders without pressure relief devices and 
equipped with valve protection cap. The cylinder may not be charged to 
over 400 psig at 21[deg]C (70[deg] F) and may not contain over 2.7 kg 
(6 lbs) of gas.

0
20. In Sec.  173.304a, in the paragraph (a)(2) table,
0
a. For the entry ``Methyl acetylene-propadiene, mixtures, stabilized'', 
in column 1, the wording ``DOT-3A240'' is removed;
0
b. In column 3, make the following changes:
0
i. For the entry ``Anhydrous ammonia'', remove the phrases ``DOT-4;'' 
and ``DOT-4A480;'';
0
ii. For the entry ``Bromotrifluoromethane'', remove the phrase ``DOT-
4A400;'' and revise ``DOT-3AL40'' to read ``DOT-3AL400.'';
0
iii. For the entry ``Chlorodifluoromethane R-22)'', remove the phrase 
``DOT-41;'';
0
iv. For the entry ``Chloropentafluorethane R-115)'', remove the phrase 
``DOT-4A225;'';
0
v. For the entry ``Cyclopropane'', remove the phrase ``DOT-4A225;'';
0
vi. For the entry ``Dichlorodifluoromethane R-12)'', remove the phrases 
``DOT-4A225;'', ``DOT-9;'' and ``DOT-41;'';
0
vii. For the entry ``Dichlorodifluoromethane and difluoroethane mixture 
(constant boiling mixture) (R-500)'', remove the phrases ``DOT-4A240;'' 
and ``DOT-9;'';
0
viii. For the entry ``Hydrogen sulfide'', remove the phrase ``DOT-
4A480;'';
0
ix. For the entry ``Insecticide, gases liquefied'', remove the phrase 
``DOT-9; DOT-40; DOT-41;'';
0
x. For the entry ``Methyl acetylene-propadiene, mixtures, stabilized'', 
remove the phrase ``DOT-4; DOT-41;'';
0
xi. For the entry ``Methyl chloride'', remove the phrases ``DOT-
4A225;'' and ``DOT-4; DOT-38;'' and ``DOT-4A150;'';
0
xii. For the entry ``Refrigerant gas, n.o.s. or Dispersant gas, 
n.o.s.'', remove the phrases ``DOT-4A240;'' and ``DOT-9;'';
0
xiii. For the entry ``Sulfur dioxide'', remove the phrases ``DOT-
4A225;'' ``DOT-4; DOT-38;'';
0
xiv. For the entry ``Trifluorochloroethylene, stabilized'', remove the 
phrase ``DOT-4A300;''; and
0
c. In Note 7 following the table, the last sentence is revised to read 
as set forth below;
0
d. In Note 8, the phrase ``Sec.  173.301(a)(8)'' is revised to read 
``Sec.  173.301(a)(9)''.


Sec.  173.304a  Additional requirements for shipment of liquefied 
compressed gases in specification cylinders.

    (a) * * *
    (2) * * *


    Note 7: * * * Cylinders may be offered for transportation only 
when packaged in accordance with Sec.  173.301(a)(9).

* * * * *

0
21. In Sec.  173.314, paragraph (g)(1) is revised to read as follows:


Sec.  173.314  Compressed gases in tank cars and multi-unit tank cars.

* * * * *
    (g) * * *
    (1) The shipper shall notify the Federal Railroad Administration 
whenever a tank car is not received by the consignee within 20 days 
from the date of shipment. Notification to the Federal Railroad 
Administration may be made by e-mail to Hmassist@fra.dot.gov or 
telephone call to (202) 493-6229.
* * * * *

0
22. In Sec.  173.315, in the paragraph (a) table, in column 4, the 
entry ``Ammonia, anhydrous or Ammonia solutions with greater than 50% 
ammonia'' is amended by removing the wording ``Notes 12 and 17'' and 
adding the wording ``Notes 12, 17 and 27'' in its place; and following 
the table, a new Note 27 is added in the appropriate numerical order to 
read as follows:


Sec.  173.315  Compressed gases in cargo tanks and portable tanks.

    (a) * * *


    Note 27: Non-specification cargo tanks may be used for 
transportation of Ammonia, anhydrous and ammonia solutions with 
greater than 50% ammonia, subject to the conditions prescribed in 
paragraph (m) of this section.

* * * * *

0
23. In Sec.  173.319, paragraph (a)(3) is revised to read as follows:


Sec.  173.319  Cryogenic liquids in tank cars.

    (a) * * *
    (3) The shipper shall notify the Federal Railroad Administration 
whenever a tank car containing any flammable cryogenic liquid is not 
received by the consignee within 20 days from the date of shipment. 
Notification to the Federal Railroad Administration may be made by e-
mail to Hmassist@fra.dot.gov or telephone call to (202) 493-6229.
* * * * *

0
24. In Sec.  173.337, in the introductory text, the first sentence is 
revised to read as follows:


Sec.  173.337  Nitric oxide.

    Nitric oxide must be packed in DOT 3A1800, 3AA1800, 3E1800, or 
3AL1800 cylinders charged to a pressure of not more than 5,170 kPa (750 
psig) at 21 [deg]C (70 [deg]F) and conforming to the requirements in 
Sec.  173.40. * * *
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
25. The authority citation for part 178 continues to read as follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.


0
26. In Sec.  178.338-2, in paragraph (a), the last sentence is revised 
to read as follows:


Sec.  178.338-2  Material.

    (a) * * * All material used for evacuated jacket pressure parts 
must conform to the chemistry and steelmaking practices of one of the 
material specifications of Section II of the ASME Code or the following 
ASTM Specifications (IBR, see Sec.  171.7 of this subchapter): A 242, A 
441, A 514, A 572, A 588, A 606, A 633, A 715, A 1008/A 1008M, A 1011/A 
1011M.
* * * * *


Sec.  178.345-2  [Amended]

0
27. In Sec.  178.345-2, in paragraph (a)(1), the wording ``ASTM A 607'' 
is removed and the wording ``ASTM A 1008/ A 1008M, ASTM A 1011/A 
1011M'' is added in the appropriate numerical order.


Sec.  178.606  [Amended]

0
28. In Sec.  178.606, in paragraph (c)(2)(ii), the following changes 
are made:
0
a. In the formula, the wording ``Solids: A = (N-1) [w + (s x v x 8.3 x 
.95) x 1.5'' is removed and the wording ``Solids: A = (N-1) (m x 1.5)'' 
is added in its place;
0
b. In the definitions following the formula, the wording ``m = the 
certified maximum gross mass for the container in kilograms;'' is added 
in appropriate alphabetical order.

PART 179--SPECIFICATIONS FOR TANK CARS

0
29. The authority citation for part 179 continues to read as follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR part 1.53.


0
30. In Sec.  179.200-7, in paragraph (e), the first sentence is revised 
to read as follows:


Sec.  179.200-7  Materials.

* * * * *
    (e) Nickel plate: Nickel plate must comply with the following 
specification (IBR, see Sec.  171.7 of this subchapter): * * *
* * * * *

[[Page 34077]]

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
31. The authority citation for part 180 continues to read as follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.


0
32. In Sec.  180.205, paragraphs (c)(2)(i), (i)(2) and (i)(3) are 
revised to read as follows:


Sec.  180.205  General requirements for requalification of cylinders.

* * * * *
    (c) * * *
    (2) * * *
    (i) Rejected and may be repaired or rebuilt in accordance with 
Sec.  180.211 or Sec.  180.212, as appropriate; or
* * * * *
    (i) * * *
    (2) When a cylinder must be condemned, the requalifier must--
    (i) Stamp a series of X's over the DOT specification number and the 
marked pressure or stamp ``CONDEMNED'' on the shoulder, top head, or 
neck using a steel stamp;
    (ii) For composite cylinders, securely affix to the cylinder a 
label with the word ``CONDEMNED'' overcoated with epoxy near, but not 
obscuring, the original cylinder manufacturer's label; or
    (iii) As an alternative to the stamping or labeling as described in 
this paragraph (i)(2), at the direction of the owner, the requalifier 
may render the cylinder incapable of holding pressure.
    (3) No person may remove or obliterate the ``CONDEMNED'' marking. 
In addition, the requalifier must notify the cylinder owner, in 
writing, that the cylinder is condemned and may not be filled with 
hazardous material and offered for transportation in commerce where use 
of a specification packaging is required.

0
33. A new section 180.212 is added to read as follows:


Sec.  180.212  Repair of DOT-3 series specification cylinders.

    (a) General requirements for repair of DOT 3 series cylinders. (1) 
No person may repair a DOT 3-series cylinder unless--
    (i) The repair facility hol