Hazardous Materials; Miscellaneous Amendments, 55757-55773 [06-7913]

Agencies

• Pipeline and Hazardous Materials Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 71, Number 185 (Monday, September 25, 2006)]
[Proposed Rules]
[Pages 55757-55773]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7913]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 175, 177, 178, and 180

[Docket No. PHMSA-05-21812 (HM-218D)]
RIN 2137-AE10


Hazardous Materials; Miscellaneous Amendments

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

[[Page 55758]]


ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: PHMSA proposes to make miscellaneous amendments to the 
Hazardous Materials Regulations based on petitions for rulemaking and 
PHMSA initiatives. These proposed amendments are intended to update, 
clarify or provide relief from certain regulatory requirements. Among 
other provisions, PHMSA is proposing a new proper shipping name and UN 
identification number for fuel mixtures composed of ethanol and 
gasoline to help emergency response personnel respond appropriately to 
incidents involving such fuel mixtures. In addition, PHMSA proposes to 
update certain incorporations by reference, revise and clarify certain 
hazard communication requirements, and clarify transportation 
requirements applicable to dry ice, detonator assemblies and 
explosives. PHMSA also proposes to provide expanded exceptions from 
regulation for household hazardous wastes and small amounts of 
materials used in pharmaceutical research.

DATES: Comments must be received by November 24, 2006.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number 
PHMSA-05-21812 by any of the following methods:
     Web site: https://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Public 
Participation heading of the Supplementary Information section of this 
document. Note that all comments received will be posted, without 
change, to https://dms.dot.gov including any personal information 
provided. Please see the Privacy Act heading under Regulatory Analyses 
and Notices.
    Docket: For access to the docket to read background documents and 
comments received, go to https://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Cameron Satterthwaite, 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 NPRM is designed to reduce regulatory burdens on industry by 
incorporating changes into the Hazardous Materials Regulations (HMR; 49 
CFR Parts 171-180) based on PHMSA's own initiatives and petitions for 
rulemaking submitted in accordance with 49 CFR 106.95. To this end, we 
are proposing to eliminate, revise, clarify and relax certain 
regulatory requirements.
    In this NPRM, we are proposing to:
    (1) Update incorporations by reference of industry consensus 
standards issued by the Chlorine Institute and the Compressed Gas 
Association (see Sec. Sec.  171.7, 173.301, 178.337-9, and 178.337-10).
    (2) Add a definition for ``household wastes'' to clarify the 
current exception in the HMR for transportation of such materials (see 
Sec. Sec.  171.8, 173.12 and 173.134).
    (3) Revise the Hazardous Materials Table (HMT) to harmonize certain 
entries with international standards (see Sec.  172.101) by removing, 
adding, and revising certain proper shipping names. Most significantly, 
we are adding a new hazardous material entry to the HMR for ethanol and 
gasoline mixtures (E85) to ensure emergency responders utilize the most 
effective emergency response procedures for incidents involving fuel 
mixtures of ethanol and gasoline (see item no. 9 below).
    (4) Revise certain hazard communication requirements to address 
marine pollutant, limited quantity, and proper shipping name markings 
on packages and labels on overpacks and intermediate bulk containers 
(IBCs) (see Sec. Sec.  172.203, 172.315, and 172.406).
    (5) Clarify that shippers of materials for which safety permits are 
required in accordance with the Federal Motor Carrier Safety 
Regulations must utilize only carriers with current safety permits (see 
Sec.  173.22).
    (6) Clarify requirements applicable to the transportation of dry 
ice on aircraft, detonator assemblies, and packagings authorized for 
the transportation of certain explosives (see Sec. Sec.  173.24, 
173.61, 173.62, 173.217, 175.30, and 175.900).
    (7) Add an exception from HMR for small amounts of hazardous 
materials (see Sec.  173.4).
    (8) Clarify segregation requirements for hazardous materials 
transported by motor carrier (see Sec.  177.848).
    (9) The 2004 Emergency Response Guidebook (ERG2004) refers to Guide 
127 (Flammable Liquids Polar/Water-Miscible) for response to incidents 
involving Alcohols, n.o.s., 3, UN1987, and Denatured alcohol, 3, 
NA1987. Guide 127 specifies the use of alcohol resistant foam. For 
incidents involving Flammable liquid, n.o.s., (ethanol, gasoline), 3, 
UN1993, and Gasohol, 3, NA1203, ERG 2004 refers to Guide 128 (Flammable 
Liquids Non-Polar/Water-Immiscible). Guide 128 specifies the use of 
regular foam, but contains the following warning: CAUTION: ``For 
mixtures containing a high percentage of an alcohol or polar solvent, 
alcohol-resistant foam may be more effective.''
    To help emergency responders utilize the most effective emergency 
response procedures for incidents involving fuel mixtures composed of 
ethanol (or ``ethyl alcohol'') and gasoline in various concentrations 
we are proposing to add a new entry ``Ethanol and gasoline mixture or 
Ethanol and motor spirit or Ethanol and petrol mixture, with more than 
10% ethanol, 3, UN3475, II'' to the HMT. This proposed new HMT entry is 
consistent with a proposed amendment to be incorporated into the 15th 
Revised Edition of the UN Model Regulations. We are also proposing to 
revise the entry for ``Gasohol gasoline mixed with ethyl alcohol, with 
not more than 20 percent alcohol, 3, NA1203, II'' to limit this entry 
gasoline mixtures with no more than 10 percent alcohol. We are also 
proposing a 2-year transition period for these proposals. (See 
discussion under Sec.  171.14).
    Alternative fuels such as bio-diesel, ethanol and methanol, have 
been produced and used on a small scale for decades, driven by 
environmental, economic, and energy security concerns. The most common 
of these fuels is designated E85. E85 is composed of 85 percent ethyl 
alcohol (ethanol) and 15 percent petroleum (gasoline) and is being used 
in increasing volumes in the United States. Fires involving E85 and 
other ethanol/gasoline mixtures containing more than 10% ethanol should 
be treated differently than traditional gasoline fires because these

[[Page 55759]]

mixtures are polar/water-miscible flammable liquids (i.e., they mix 
with water) and will degrade the effectiveness of fire-fighting foam 
that is not alcohol-resistant.
    We understand that if we adopt this new shipping description, fuel 
suppliers and cargo tank operators may incur additional costs associate 
with revisions to the hazard communication requirements. Therefore, we 
are interested in identifying measures to minimize costs while 
effectively communicating the hazards to the emergency response 
community. Because numerical data for these proposals are difficult to 
obtain, we invite commenters to address the merits of the proposal to 
add the new entry ``Ethanol and gasoline mixture or Ethanol and motor 
spirit or Ethanol and petrol mixture, with more than 10% ethanol,'' 3, 
UN3475, II to the HMT and of the proposal to limit the entry for 
``Gasohol gasoline mixed with ethyl alcohol, with not more than 20 
percent alcohol, 3, NA1203, II to gasoline mixtures with no more than 
10 percent alcohol.
    To provide outreach to emergency responders, PHMSA issued a Safety 
Alert to provide emergency responders with guidance on appropriate 
procedures for responding to incidents involving fuel mixtures composed 
of ethanol. In addition, PHMSA is providing Hazardous Material 
Emergency Preparedness Grants to emergency responders for planning and 
training which includes training for responses to incidents involving 
gasoline and ethanol mixtures. PHMSA is also partnering with the 
Renewable Fuel Association and the International Association of Fire 
Chiefs to revise existing safety training materials for emergency 
response personnel to include guidance for responding to incidents 
involving gasoline and ethanol fuel mixtures.
    These proposals are discussed in more detail in the section-by-
section review.

II. Section-by-Section Review

    The following is a section-by-section summary of the proposed 
changes.

Part 171

Section 171.4
    Section 171.4 prohibits the transportation of materials meeting the 
definition of a marine pollutant except in accordance with HMR 
requirements. Currently, paragraph (c) excepts marine pollutants 
transported in non-bulk packagings from HMR requirements, unless the 
transportation is by vessel. We are proposing to revise paragraph (c) 
to clarify shipments for which all or part of the transportation is by 
vessel must conform to applicable HMR requirements, even if the initial 
transportation is by rail or highway. A more complete explanation of 
this issue can be found in the preamble discussion for Sec.  172.203.
Section 171.7
    We have reviewed the updated Chlorine Institute's pamphlets 
pertaining to cargo tanks and bulk transfer facilities. We have also 
reviewed the updated Compressed Gas Association's pamphlets pertaining 
to compressed gas cylinders. As a result, we have found no provisions 
that would impose additional requirements or would have an adverse 
impact on safety. Therefore, we are proposing to update, revise, and 
add the following incorporation by reference (IBR) materials in 
paragraph (a)(3), within the Table of material incorporated by 
reference,:
     In response to a Chlorine Institute petition (P-1444), 
under the entry ``Chlorine Institute,'' we propose to update ``Type 
1\1/2\ JQ 225, Dwg., H51970, Revision D April 5, 1989; or Type 1\1/2\ 
JQ 225, Dwg. H50155, Revision F, April 4, 1989'' to Revisions F and H 
respectively.
     In response to a Chlorine Institute petition (P-1444), 
under the entry ``Chlorine Institute,'' we propose to update ``Section 
3, Pamphlet 57, Emergency Shut-Off Systems for Bulk Transfer of 
Chlorine, 3rd Edition, October 1997'' to the 4th Edition, October 2003.
     In response to a Chlorine Institute petition (P-1444), 
under the entry ``Chlorine Institute,'' we propose to add ``Section 3, 
Pamphlet 166 Angle Valve Guidelines for Chlorine Bulk Transportation, 
1st Edition, October 2002.''
     In response to a Chlorine Institute petition (P-1444) and 
a Midland Manufacturing Corporation petition (P-1448), under the entry 
``Chlorine Institute,'' we propose to add ``Typical Manway Arrangement 
Chlorine Cargo Tank, Dwg. 137-5, November 1996.''
     In response to a Chlorine Institute petition (P-1444), 
under the entry ``Chlorine Institute,'' we propose to remove the 
section reference for ``Standards for Housing and Manway Covers for 
Steel Cargo Tanks, Dwgs. 137-1 and 137-2, September 1, 1982.''
     We propose to update ``CGA Pamphlet C-5 Cylinder Service 
Life--Seamless Steel High Pressure Cylinders, 1991'' to the reaffirmed 
1995 Edition.
     In response to a Compressed Gas Association (CGA) petition 
(P-1472), we propose to update ``CGA Pamphlet C-7, A Guide for the 
Preparation of Precautionary Markings of Compressed Gas Containers, 
appendix A, issued 1992 (6th Edition)'' to the 2004 (Eighth) Edition. 
The updated pamphlet allows for hazard class numbers to be placed on 
subsidiary labels which is prohibited in the 1992 edition.
     In response to a Compressed Gas Association (CGA) petition 
(P-1440), we propose to permit the use of ``CGA Pamphlet S-1.1, 
Pressure Relief Device Standards-Part 1-Cylinders for Compressed Gases, 
2005 (with the exception of paragraph 9.1.1.1), Twelfth Edition'' for 
DOT specification cylinders and UN pressure receptacles. Currently, the 
Ninth edition (1996) is authorized for DOT specification cylinders and 
the Eleventh edition (2003) is authorized for UN pressure receptacles.
     In response to a CGA petition (P-1440), we propose to 
update ``CGA Pamphlet S-7, Method for Selecting Pressure Relief Devices 
for Compressed Gas Mixtures in Cylinders, 1996'' to the 2005 Edition.
     We propose to update ``ISO 7225, Gas cylinders--
Precautionary labels, First Edition, November 1994, (Corrected and 
reprinted August 1995), (E)'' to the Second edition, July 2005.
    We are also proposing to revise paragraph (b) of this section, 
which is the list of informational materials not requiring 
incorporation by reference, to add an additional reference to guidance 
material for those who perform hydrostatic testing and visual 
inspections on cylinders. This document is entitled ``CGA Pamphlet C-
1.1-Personnel Training and Certification Guidelines for Cylinder 
Requalification By the Volumetric Expansion, issued 2004 (1st 
Edition).''
Section 171.8
    The HMR, in Sec.  173.134(b)(13)(i), include an exception from 
regulatory requirements for household wastes. However, the HMR 
currently do not define ``household wastes.'' In this NPRM, we are 
proposing to add a new definition for ``Household wastes'' to mean 
``any solid waste (including garbage, trash, and sanitary waste from 
septic tanks) derived from households (including single and multiple 
residences, hotels and motels, bunkhouses, ranger stations, crew 
quarters, campgrounds, picnic grounds, and day-use recreation areas).'' 
We are also proposing to clarify that household wastes are not subject 
to the HMR. See the preamble discussion for Sec.  173.12 for

[[Page 55760]]

a more complete explanation of this clarification.
Section 171.14
    This section lists specific transition periods for certain 
provisions adopted into the HMR. In this NPRM, to provide shippers, 
carriers and emergency responders sufficient time to plan for and 
implement the proposed new shipping description pertaining to E85 with 
minimal costs (see Sec.  171.101), we propose to add a new paragraph 
(g) to provide a 2-year transition period for the mandatory use of the 
revised proper shipping description ``Gasohol gasoline mixed with ethyl 
alcohol, with not more than 10% alcohol.''

Part 172

Section 172.101 Hazardous Materials Table (HMT)
    The 2004 Emergency Response Guidebook (ERG2004) refers to Guide 127 
(Flammable Liquids Polar/Water-Miscible) for response to incidents 
involving Alcohols, n.o.s., 3, UN1987, and Denatured alcohol, 3, 
NA1987. Guide 127 specifies the use of alcohol resistant foam. For 
incidents involving Flammable liquid, n.o.s., (ethanol, gasoline), 3, 
UN1993, and Gasohol, 3, NA1203, ERG 2004 refers to Guide 128 (Flammable 
Liquids Non-Polar/Water-Immiscible). Guide 128 specifies the use of 
regular foam, but contains the following warning: CAUTION: ``For 
mixtures containing a high percentage of an alcohol or polar solvent, 
alcohol-resistant foam may be more effective.''
    To help emergency responders utilize the most effective emergency 
response procedures for incidents involving fuel mixtures composed of 
ethanol (or ``ethyl alcohol'') and gasoline in various concentrations 
we are proposing to add a new entry ``Ethanol and gasoline mixture or 
Ethanol and motor spirit or Ethanol and petrol mixture, with more than 
10% ethanol, 3, UN3475, II'' to the HMT. This proposed new HMT entry is 
consistent with a proposed amendment to be incorporated into the 15th 
Revised Edition of the UN Model Regulations. We are also proposing to 
revise the entry for ``Gasohol gasoline mixed with ethyl alcohol, with 
not more than 20 percent alcohol, 3, NA1203, II'' to limit this entry 
gasoline mixtures with no more than 10 percent alcohol. We are also 
proposing a 2-year transition period for these proposals. (See 
discussion under Sec.  171.14)
    Alternative fuels such as bio-diesel, ethanol and methanol, have 
been produced and used on a small scale for decades, driven by 
environmental, economic, and energy security concerns. The most common 
of these fuels is designated E85. E85 is composed of 85 percent ethyl 
alcohol (ethanol) and 15 percent petroleum (gasoline) and is being used 
in increasing volumes in the United States. Fires involving E85 and 
other ethanol/gasoline mixtures containing more than 10% ethanol should 
be treated differently than traditional gasoline fires because these 
mixtures are polar/water-miscible flammable liquids (i.e., they mix 
with water) and will degrade the effectiveness of fire-fighting foam 
that is not alcohol-resistant.
    We understand that if we adopt this new shipping description, fuel 
suppliers and cargo tank operators may incur additional costs associate 
with revisions to the hazard communication requirements. Therefore, we 
are interested in identifying measures to minimize costs while 
effectively communicating the hazards to the emergency response 
community. Because numerical data for these proposals are difficult to 
obtain, we invite commenters to address the merits of the proposal to 
add the new entry ``Ethanol and gasoline mixture or Ethanol and motor 
spirit or Ethanol and petrol mixture, with more than 10% ethanol,'' 3, 
UN3475, II to the HMT and of the proposal to limit the entry for 
``Gasohol gasoline mixed with ethyl alcohol, with not more than 20 
percent alcohol, 3, NA1203, II to gasoline mixtures with no more than 
10 percent alcohol. Commenters may wish to consider the following 
questions:

--What cost impacts are associated with our proposal to add a new entry 
to the HMT for fuel mixtures containing ethanol?
--What cost impacts are associated with our proposed revision to the 
HMT entry for gasohol?
--Are two separate entries for ``Ethanol and gasoline mixture or 
Ethanol and motor spirit or Ethanol and petrol mixture, with more than 
10% ethanol'' and ``Gasohol gasoline mixed with ethyl alcohol, with not 
more than 10 percent alcohol'' necessary or should all alcohol/gasoline 
mixtures be transported using a single proper shipping name?
--Does the proposed 2-year transition period provide sufficient time 
for shippers and carriers to incorporate the proposed new shipping name 
and UN number into shipping papers and package markings with minimal 
disruptions to normal business operations? Given the emergency response 
concerns about incidents involving ethanol/gasoline mixtures, should 
the proposed 2-year transition period be shortened to ensure that the 
new shipping name and UN number are utilized as quickly as possible? 
How should we balance these two potentially competing goals?

    We are also proposing to harmonize certain entries in the HMR with 
the most recent editions of the UN Recommendations for the Transport of 
Dangerous Goods (UN Recommendations), the International Civil Aviation 
Organization Technical Instructions for the Safe Transport of Dangerous 
Goods by Air (ICAO Technical Instructions), and the International 
Maritime Organization Dangerous Goods Code (IMDG Code), and correct 
other entries, as follows:
     The entry ``Radioactive material, Type A package non-
special form, non fissile or fissile-excepted, UN2915'' is revised to 
add a reference ``419'' to column (8B) and ``418'' to column (8C). This 
proposed revision will correct these packaging references inadvertently 
omitted in a final rule published on September 23, 2005, under Docket 
No. PHMSA 05-22071 (HM-189Y; 70 FR 56084).
     The entry ``Sodium aluminate, solid, UN2812,'' is revised 
to include an ``A'' in column 1 of the HMT to indicate this material is 
only regulated when offered or intended for transportation by aircraft. 
We propose to revise this entry to align with the UN Recommendations, 
which only apply to solid forms of sodium aluminate when transported by 
air. Under the ICAO Technical Instructions, sodium aluminate is 
regulated for air transportation because of its corrosive effects on 
aluminum, which is the primary construction material for aircraft.
     We are proposing to add several new entries to the HMT to 
assist shippers in determining the most appropriate hazardous materials 
description to use when shipping polyamines. The proposed new entries 
include:

--Polyamines, flammable, corrosive, n.o.s. see Amines, flammable, 
corrosive, n.o.s.
--Polyamines, liquid, corrosive, flammable, n.o.s. see Amines, liquid, 
corrosive, flammable, n.o.s.
--Polyamines, liquid, corrosive, n.o.s. see Amines, liquid, corrosive, 
n.o.s.
     We are proposing to remove the entry ``Gas generator 
assemblies (aircraft), containing a non-flammable non-toxic gas and a 
propellant cartridge.'' This description was removed from the ICAO 
Technical Instructions in the 2003-2004 edition. In addition, we are 
proposing to remove the packaging section for gas generator

[[Page 55761]]

assemblies specified in Sec.  173.335 in its entirety.
Section 172.102
    When column 7 of the Sec.  172.102 table refers to a special 
provision for a hazardous material, the meaning and requirements of 
that special provision are set forth in this section. In this NPRM, we 
are proposing to add a new Special Provision 177 and revise Special 
Provision B69. The proposed special provision addition and revision are 
as follows:
     Consistent with the proposed new proper shipping 
description ``Ethanol and gasoline mixture or Ethanol and motor spirit 
or Ethanol and petrol mixture, with more than 10% ethanol, 3, UN3475, 
II,'' we are proposing to add a new Special Provision 177 to specify 
proper applicability of this description.
     Currently, Special Provision B69 specifies that ``Dry 
sodium cyanide or potassium cyanide'' may be shipped in a sift-proof 
weather-resistant metal covered hopper car, covered motor vehicle, 
portable tank or non-specification bin. Bins must be approved by the 
Associate Administrator. We are proposing to amend Special Provision 
B69 to clarify that metal covered hopper cars, covered motor vehicles, 
portable tanks, and non-specification bins must be sift-proof and 
weather-resistant. The current wording of this special provision has 
caused some confusion as to whether the requirement for the packaging 
to be sift-proof and weather-resistant applies only to metal-covered 
hopper cars or to all packagings authorized for the transportation of 
dry sodium cyanide and potassium cyanide. In addition, we are proposing 
to amend Special Provision B69 to remove the requirement for bins to be 
approved by the Associate Administrator.
    So long as the bins meet applicable requirements, approval is not 
necessary.
Section 172.203
    Section 172.203(l) addresses shipping paper requirements for 
shipments of marine pollutants. Paragraph (l)(4) excepts marine 
pollutants in non-bulk packagings from the requirements of the HMR 
unless the transportation is by vessel. The International Vessel 
Operators Hazardous Materials Association, Inc. (VOHMA) petitioned 
PHMSA (P-1465) to amend paragraph (l)(4) to clarify that the exception 
for non-bulk packages of marine pollutants transported by motor 
vehicle, rail car or aircraft does not apply to a marine pollutant 
``intended for transport'' aboard a vessel. VOHMA states the current 
language suggests the consignor who prepares the shipment and offers it 
in intermodal transportation has no obligation to declare the marine 
pollutant on the shipping paper if the initial transport is by motor 
vehicle or rail. Because the current language in the HMR suggests there 
is no obligation by the consignor, when preparing a non-bulk shipment 
for intermodal transportation, to indicate on a shipping paper the 
words ``Marine Pollutant'' in association with the basic description 
for a material which is a marine pollutant, a shipment intended for 
transportation by vessel and initially offered into transportation by 
highway, rail or air may be improperly described on the vessel shipping 
documents by a freight forwarder. This was not our intention when this 
provision was originally adopted. Therefore, we are proposing to revise 
paragraph (l)(4) to clarify that marine pollutants in non-bulk 
packagings transported all or in part by vessel must be indicated on a 
shipping paper by the words ``Marine Pollutant'' in association with 
the basic description.
Section 172.315
    Except for transportation by aircraft, this section excepts limited 
quantity shipments of hazardous materials from the requirement for 
marking the proper shipping name of the material on the package when 
the identification number of the material is shown within a square-on-
point configuration. Section 172.324 requires materials that are 
hazardous substances, as defined in Sec.  171.8, to be marked with the 
name of the hazardous substance and the letters ``RQ'' in association 
with the proper shipping name. We are proposing to clarify if a shipper 
identifies a limited quantity material which is also a hazardous 
substance, the shipper is required to mark the letters ``RQ'' on the 
package in association with the square-on-point configuration 
containing the identification number of the material. We also invite 
comments on whether or not the name of the hazardous substance should 
also be included along with letters ``RQ,'' even though the proper 
shipping name is not required.
Section 172.336
    Paragraphs (c)(4) and (c)(5) except from the identification number 
marking requirements each of the different liquid petroleum distillate 
fuels, including gasoline and gasohol, transported in a compartmented 
cargo tank, tank car or cargo tank, if the identification number is 
displayed for the liquid petroleum distillate fuel having the lowest 
flash point. As a result of the proposed new HMT entry ``Ethanol and 
gasoline mixture or Ethanol and motor spirit or Ethanol and petrol 
mixture, with more than 10% ethanol,'' 3, UN3475, II, individuals could 
attempt to apply this exception to the proposed new entry, which is not 
our intent (see discussion under Sec.  172.101). Therefore, to 
eliminate any confusion, we are proposing to revise paragraphs (c)(4) 
and (c)(5) to specify the provisions of the paragraphs (c)(4) and 
(c)(5) do not apply to ``Ethanol and gasoline mixture or Ethanol and 
motor spirit or Ethanol and petrol mixture, with more than 10% 
ethanol.'' We are also proposing a 2-year transition period for this 
proposal. We understand that if we adopt this new shipping description, 
fuel suppliers and cargo tank operators may incur additional costs 
associated with revisions to the hazard communication requirements. 
Therefore, we are interested in identifying measures to minimize costs 
while effectively communicating the hazards to the emergency response 
community. As a result of this proposal, we invite commenters to 
specifically address the following questions:

--Does the proposed 2-year transition period provide sufficient time 
for shippers and carriers to incorporate the proposed new shipping name 
and UN number into shipping papers and package markings with minimal 
disruptions to normal business operations? Given the emergency response 
concerns about incidents involving ethanol/gasoline mixtures, should 
the proposed 2-year transition period be shortened to ensure that the 
new shipping name and UN number are utilized as quickly as possible? 
How should we balance these two potentially competing goals?
--Are there measures that can be employed to ease potential costs to 
shippers and carriers with respect to cargo tanks that are permanently 
marked?
--What are the cost impacts of our proposal to limit the applicability 
of the current exceptions in Sec.  172.336 (c)(4) and (c)(5)?
Section 172.406
    Paragraph (e) of this section prescribes requirements for the 
duplicate labeling of packages based on size. Paragraph (e)(1) requires 
each package or overpack having a volume of 1.8m3 (64 cubic 
feet) or more to be labeled on at least two sides or two ends (other 
than the bottom of the package). There has been some confusion as to 
whether this requirement also applies to IBCs. Therefore, we are 
proposing to add a new paragraph (e)(6) to clarify IBCs having a volume 
of 1.8m3 (64 cubic

[[Page 55762]]

feet) or more are required to be labeled on at least two sides or two 
ends.

Part 173

Section 173.4
    This section establishes exceptions for small quantities of 
hazardous materials. The Dangerous Goods Advisory Council (DGAC) (P-
1454) and Pharmaceutical Research and Manufacturers of America (PhRMA) 
(P-1457) petitioned PHMSA to provide an exception from the HMR for de 
minimis quantities, less than 1 gram for solids and less than 1 
milliliter for liquids, of PG II and PG III materials of Class 3, 
Division 4.1, Division 4.2, Division 4.3, Division 5.1, Division 6.1, 
Class 8, and Class 9. The petitioners estimate an annual cost savings 
of approximately $1 million if their petitions are implemented. After 
reviewing the petitions and evaluating the risks associated with the de 
minimis quantities, we agree with the petitioners that because these 
materials are present in minute quantities, usually a gram or less, and 
are packaged in such a manner, and have determined that safety would 
not be undermined by allowing these minute quantities and would not 
pose an unreasonable risk during transportation. Therefore, we are 
proposing to add a new paragraph (e) to provide conditions for 
authorizing de minimis quantities of these materials to be excepted 
from the HMR.
Section 173.5
    This section establishes the conditions under which agricultural 
products such as pesticides and fertilizers are excepted from HMR 
requirements. Paragraph (b)(2) specifies limits for the amount of 
agricultural product that may be transported in a single vehicle in 
order to utilize the exception applicable to transportation to or from 
a farm, within 150 miles of the farm. The HMR do not define the term 
``single vehicle;'' thus, it is not clear whether the exception applies 
to agricultural products transported in a single ``motor vehicle'' or 
``transport vehicle.'' To clarify this exception, we are proposing to 
revise paragraph (b)(2) to replace the term ``vehicle'' with ``motor 
vehicle.'' The term ``motor vehicle'' is defined in Sec.  171.8 to mean 
a vehicle, machine, tractor, trailer, or semi-trailer, or any 
combination thereof, propelled or drawn by mechanical power and used on 
the highways to transport people or property.
Section 173.12
    In a final rule published on January 24, 2005, under Docket No. 
RSPA 03-16370 (HM-233; 70 FR 3304), we added a new paragraph (e) to 
this section to authorize the storage, loading and transportation of 
waste cyanide and waste cyanide mixtures or solutions with Class 8 
acids under certain conditions. Acids are not only found in Class 8, 
but also in Class 3 and in Divisions 4.1, 4.2, 4.3, 5.1 and 5.2. We 
believe acids in the aforementioned Classes and Divisions may be safely 
transported and stored with waste cyanide and waste cyanide mixtures or 
solution under the conditions specified in Sec. Sec.  174.81(c), 
176.83(b), and 177.848(c). Therefore, in this NPRM, we are proposing to 
revise paragraph (e) to authorize the transportation of waste cyanides 
and waste cyanide mixtures or solutions with all acids.
    In this section, we are also proposing to add a new paragraph (f) 
to specify that materials meeting the proposed definition of 
``household wastes'' in Sec.  171.8 would not be subject to the 
requirements of the HMR. Currently, Sec.  173.134(b)(13) excepts any 
waste or recyclable material, other than regulated medical waste, from 
regulation under the HMR. However, the location of this exception in 
the section of Part 173 that establishes definitions for Division 6.2 
materials (infectious substances) suggests the current exception 
excepts household wastes only from requirements applicable to Division 
6.2 materials. This was not our intention. In letters of 
interpretation, including an October 8, 2004 letter to Mr. David Allard 
of Pennsylvania Department of Environmental Protection (Ref. No. 04-
0197), we specify household wastes as being excepted from the HMR. The 
addition of a broad exception for ``household wastes'' in the proposed 
paragraph (f) will clarify our intent.
Section 173.22
    This section establishes a shipper's responsibility for complying 
with applicable requirements of the HMR. National Tank Truck Carriers 
(NTTC) petitioned PHMSA (P-1469) to amend this section to specify that 
shippers who offer certain hazardous materials for transportation must 
use carriers holding a valid safety permit issued by the Federal Motor 
Carrier Safety Administration (FMCSA). FMCSA regulations (49 CFR Part 
385, Subpart E) require motor carriers transporting certain types and 
amounts of hazardous materials to apply for a safety permit. To obtain 
a safety permit, a carrier must have a ``satisfactory'' safety rating 
and must meet certain other safety and security requirements. The 
safety permit requirements apply to motor carriers transporting: (1) A 
highway route-controlled quantity of a Class 7 (radioactive) material; 
(2) certain high explosives; (3) certain TIH materials; and (4) certain 
bulk shipments of liquefied methane gas and liquefied natural gas. A 
carrier may not transport any of the listed materials unless it has a 
valid safety permit. In response to the NTTC petition, we are proposing 
in this NPRM to prohibit a person from offering any of the materials 
for which a safety permit is required to a motor carrier not possessing 
a valid safety permit.
Section 173.24
    This section establishes general requirements for packagings and 
packages. Paragraph (g) of this section addresses venting from packages 
during transportation and currently specifies that a package containing 
a hazardous material and transported on board an aircraft must not 
vent. This provision conflicts with current Sec.  173.217, which 
requires carbon dioxide, solid (dry ice) to be packed in packagings 
designed and constructed to permit the release of carbon dioxide gas to 
prevent a buildup of pressure that could rupture the packaging when 
offered for transportation or transported by aircraft or water. To 
eliminate these contradictory requirements, in this NPRM we are 
proposing to revise paragraph (g)(1) to specify that the venting of 
packagings containing carbon dioxide, solid (dry ice) would not be 
prohibited for air transportation. We also invite comments on other 
materials to which this provision would also apply.
Section 173.61
    This section establishes general requirements for transporting 
Class 1 materials (explosives) in the same outside packaging. Paragraph 
(c) of this section lists specific explosives that may not be 
transported in the same outside packaging as other Class 1 materials. 
In a final rule published May 6, 1997 (HM 215B; 62 FR 24708) we added a 
new entry to the Hazardous Materials Table ``Detonator, assemblies, 
non-electric for blasting,'' UN0500. This entry should have also been 
added to paragraph (c) to indicate that this material is not authorized 
to be packed together with other Class 1 explosives. Therefore, we are 
proposing to correct this oversight by amending paragraph (c) to 
include UN 0500 ``Detonator assemblies, non-electric for blasting.''
Section 173.62
    This section establishes specific packaging requirements for Class 
1 materials. The Table of Packing Methods in paragraph (c) specifies 
the packing instructions assigned to each

[[Page 55763]]

explosive. To harmonize the HMR with international standards and to 
remove a source of potential confusion within the regulated community, 
we are proposing to revise packing instruction (PI) 134 in the Table of 
Packing Methods, in paragraph (c), to authorize the use of a 
specification 4H1 plastic box as an outer packaging for certain 
explosives.
Section 173.134
    This section establishes definitions and exceptions for infectious 
substances. Paragraph (b)(13)(i) contains an exception from the 
requirements of the HMR relative to Division 6.2 materials for waste 
derived from households. We are proposing to revise this paragraph to 
incorporated the proposed new household waste definition in Sec.  
171.8. See preamble discussions in specified above in Sec. Sec.  171.8 
and 173.12 for background information.
Section 173.217
    This section establishes packaging requirements for carbon dioxide, 
solid (dry ice). We are proposing to revise this section for clarity 
and to harmonize the HMR with requirements in the ICAO Technical 
Instructions applicable to the transportation of dry ice by air. 
Currently under paragraph (d), the HMR require the shipper to have a 
specific and special written arrangement with the air carrier to 
transport more than 441 pounds of dry ice in a single compartment. The 
ICAO Technical Instructions no longer include this requirement. The 
United Parcel Service (UPS) petitioned PHMSA (P-1439) to amend this 
section for consistency with the most recent edition of the ICAO 
Technical Instructions. We agree and are proposing to revise the 
current paragraph (d) accordingly. In addition, we are proposing to 
revise paragraph (d) to address air specific provisions such as 
ventilation safety procedures, net mass marking requirements, and 
quantity limit exceptions for dry ice used as a refrigerant for non-
hazardous materials. In addition, we are proposing requirements for air 
carriers who transport dry ice in the proposed new Sec.  175.900. See 
Sec.  175.900 preamble discussion.
    Currently, paragraph (e) in Sec.  173.217 provides an exception 
from the shipping paper and certification requirements for dry ice 
shipments prepared in accordance with paragraphs (a) and (d) provided 
the package is marked ``Carbon dioxide, solid'' or ``Dry ice'' and with 
an indication that the material being refrigerated is used for 
diagnostic or treatment purposes. To eliminate any confusion, we are 
proposing to revise paragraph (e) to specify only dry ice actually used 
to refrigerate materials being shipped for diagnostic or treatment 
purposes may be transported under this exception.
    For clarity and ease of use by the reader, we are proposing to 
consolidate the modal requirements applicable to dry ice by relocating 
the vessel provisions to paragraph (b) and the aircraft provisions to 
paragraph (c). As a result of this proposal, the dry ice provisions 
relative to diagnostic specimens currently in paragraph (e) would be 
moved to paragraph (d).
Section 173.301
    This section establishes general requirements for the 
transportation of compressed gases in cylinders and spherical pressure 
vessels. Paragraph (f) of this section addresses pressure relief 
devices (PRDs); paragraph (g) addresses manifolding cylinders in 
transportation. CGA petitioned PHMSA (P-1440) to update the 
incorporation by reference of CGA Pamphlets S-1.1 and S-7, which are 
both referenced in paragraphs (f)(1) and (g)(1). The pamphlets contain 
requirements for PRDs on cylinders. We reviewed the differences between 
currently referenced pamphlets and the updated pamphlets. We agree the 
incorporations by reference should be updated to the current editions.
Section 173.335
    This section establishes requirements for the transportation of gas 
generator assemblies. This entry was initially added in a December 21, 
1990 (55 FR 52402; HM-181) rulemaking to harmonize the HMR with various 
international standards such as the ICAO Technical Instructions, IMDG 
Code, and UN Recommendations. However, ICAO removed this entry in the 
2003-2004 edition of the ICAO Technical Instructions. Therefore, we are 
proposing to remove this section in its entirety to harmonize with 
ICAO. The removal of this entry does not mean that the material is not 
subject to the HMR. Section 173.22 requires each shipper to properly 
class a material and prepare it for transportation. See the preamble 
discussion under Sec.  172.101 Hazardous Materials Table (HMT) 
regarding Gas generator assemblies.

Part 175

Section 175.10
    This section establishes exceptions for the transportation of 
certain hazardous materials by aircraft, including hazardous materials 
that may be carried by passengers or crew members in checked or carry-
on baggage. We are proposing to revise paragraph (a)(10) to harmonize 
the HMR with an ICAO provision applicable to the transportation of dry 
ice in checked or carry-on baggage. Specifically, we are proposing to 
authorize exceptions for shipments of dry ice used to pack perishables 
in carry-on and checked baggage.
Section 175.900
    In response to a UPS petition (P-1439) and to harmonize with 
international standards, we are proposing to add a new Sec.  175.900 to 
adopt the ICAO Technical Instructions loading requirements for carbon 
dioxide, solid (dry ice). This provision will provide guidelines to the 
operator for handling dry ice shipments, including informing ground 
staff, checking aircraft ventilation rates, stowage, and providing the 
Pilot-in-Command with information to reflect any quantity change of dry 
ice. Comments are invited regarding the use of the term ``suitable 
arrangements'' in this section. See the preamble discussion in Sec.  
173.217 for further discussion.

Part 177

Section 177.848
    This section addresses segregation requirements for hazardous 
materials transported by motor carrier. Paragraph (a), which discusses 
the applicability requirements for segregation, does not specifically 
include all bulk packages that may be placarded instead of labeled as 
packages for which segregation requirements must be met. To correct 
this oversight, we are proposing to revise paragraph (a)(1) to specify 
that the segregation requirements for hazardous materials would be 
applicable to packages that are required to be placarded. The addition 
of this provision ensures hazardous materials when packaged in IBCs and 
Large Packagings are properly segregated.

Part 178

Section 178.274
    This section establishes design and manufacturing requirements for 
UN portable tanks. In paragraph (b)(1), the end value for temperature 
range is incorrectly specified as ``-50 [deg]C.'' The negative symbol 
should be removed and value should be specified as ``50 [deg]C.'' We 
are proposing to revise paragraph (b)(1) to correct this error.
Section 178.337-9
    This section establishes requirements for pressure relief devices, 
piping, valves, hoses, and fittings on MC 331

[[Page 55764]]

specification cargo tanks. Currently, paragraph (b)(8) requires angle 
valves used on cargo tanks intended for chlorine service to comply with 
the standards of The Chlorine Institute Dwg. 104-8. The Chlorine 
Institute (P-1444) and Midland Manufacturing Corporation (P-1448) 
petitioned PHMSA to incorporate Chlorine Institute Pamphlet 166, which 
contains provisions for the use of angle valves on cargo tanks in 
chlorine service. In its petition, The Chlorine Institute points to DOT 
exemptions/special permits such as DOT-E 9694, which has authorized the 
use of an angle valve that conforms to this pamphlet for over fifteen 
years. Therefore, we are proposing to revise paragraph (b)(8) to 
include a reference to the Chlorine Institute's ``Section 3, Pamphlet 
166 Angle Valve Guidelines for Chlorine Bulk Transportation, 1st 
Edition,'' dated October 2002 to allow for the use of alternative angle 
valves for cargo tanks that transport chlorine.
Section 178.337-10
    This section establishes accident damage protection requirements 
for MC 331 specification cargo tanks. The Chlorine Institute petitioned 
PHMSA (P-1444) to update the references to the Chlorine Institute's 
drawings 137-1 and 137-2 entitled ``Standards for Housing and Manway 
Covers for Steel Cargo Tanks,'' dated September 1, 1982 by replacing 
them with the Chlorine Institute's drawing 137-5 entitled ``Typical 
Manway Arrangement Chlorine Cargo Tank,'' dated November 1996. The 
petitioner states that this is necessary to provide critical manway 
arrangement details to ensure the use of CI Emergency Kit C, which is 
referenced in Sec.  177.840(e)(2). We are proposing to revise paragraph 
(d) to incorporate the petitioner's request. We are proposing removing 
the old drawings (drawings 137-1 and 137-2), completely from the HMR. 
We are soliciting comments regarding this proposed deletion to 
determine whether this poses an undue regulatory burden.

Part 180

Section 180.205
    This section establishes general requirements for the 
requalification of cylinders. Paragraph (g) of this section establishes 
requirements for pressure testing. We are proposing to add a new 
paragraph (g)(6) to incorporate guidance material for cylinder 
requalifiers that perform volumetric expansion tests on cylinders. This 
document is entitled ``CGA Pamphlet C-1.1--Personnel Training and 
Certification Guidelines for Cylinder Requalification By the Volumetric 
Expansion, issued 2004 (1st Edition).''

III. Sunset Provision

    To assure the HMR account for new technologies and updated business 
practices, PHMSA is considering whether certain requirements proposed 
in this NPRM should be afforded a ``sunset'' provision. If we adopt 
such a provision, certain amendments adopted through this rulemaking 
would expire after a fixed amount of time (e.g. 10 years) from the 
publication date of the final rule.
    Certain standards that we are proposing to adopt by reference 
likely will be updated periodically in response to changes in 
international standards or may be replaced by other more relevant or 
technically superior standards. Future changes to these standards would 
have to consider whether to retain or extend the sunset date. If we 
choose to do nothing, a sunset provision would mean the HMR would 
revert to the language and requirements in effect before the issuance 
of the final rule. We are requesting comments on whether certain 
amendments should be tied to a sunset provision.

IV. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This NPRM 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 commerce.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is not considered a significant regulatory 
action under section 3(f) Executive Order 12866 and, therefore, was not 
reviewed by the Office of Management and Budget (OMB). The proposed 
rule is not considered a significant rule under the Regulatory Policies 
and Procedures order issued by the U.S. Department of Transportation 
(44 FR 11034).
    In this notice, we propose to amend miscellaneous provisions in the 
HMR to clarify the provisions and to relax overly burdensome 
requirements. We are also responding to requests from industry 
associations, such as the Chlorine Institute and CGA, to update and add 
references to standards that are incorporated in the HMR. PHMSA 
anticipates the proposals contained in this rule will have economic 
benefits to the regulated community. This NPRM is designed to increase 
the clarity of the HMR, thereby increasing voluntary compliance while 
reducing compliance costs. Further, the addition of an exception from 
regulatory requirements for small amounts of hazardous materials used 
in pharmaceutical research and clarification of the exception for 
household hazardous wastes will result in reduced compliance costs by 
eliminating some or all regulations a person must comply with and 
reducing packaging costs. This NPRM also proposes to update a number of 
incorporations by reference to permit the industry to utilize the most 
recent versions of industry consensus standards. Incorporation of 
material by reference reduces the regulatory burden on persons who 
offer hazardous material for transportation and persons who transport 
hazardous materials in commerce. Industry standards developed and 
adopted by consensus are accepted and followed by the industry; thus, 
their inclusion in the HMR assures that the industry is not forced to 
comply with a different set of standards to accomplish the same safety 
goal.
    The 2004 Emergency Response Guidebook (ERG2004) refers to Guide 127 
(Flammable Liquids Polar/Water-Miscible) for response to incidents 
involving Alcohols, n.o.s., 3, UN1987, and Denatured alcohol, 3, 
NA1987. Guide 127 specifies the use of alcohol resistant foam. For 
incidents involving Flammable liquid, n.o.s., (ethanol, gasoline), 3, 
UN1993, and Gasohol, 3, NA1203, ERG 2004 refers to Guide 128 (Flammable 
Liquids Non-Polar/Water-Immiscible). Guide 128 specifies the use of 
regular foam, but contains the following warning: CAUTION: ``For 
mixtures containing a high percentage of an alcohol or polar solvent, 
alcohol-resistant foam may be more effective.'' Therefore, to help 
emergency responders utilize the most effective emergency response 
procedures for incidents involving fuel mixtures composed of ethanol 
(or ``ethyl alcohol'') and gasoline in various concentrations we are 
proposing to add a new entry ``Ethanol and gasoline mixture or Ethanol 
and motor spirit or Ethanol and petrol mixture, with more than 10% 
ethanol, 3, UN3475, II'' to the HMT. Overall, the proposals in this 
NPRM should reduce regulatory burdens on the regulated community while 
increasing flexibility and transportation options.

[[Page 55765]]

C. Executive Order 13132

    This proposed rule was analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
proposed rule would preempt State, local and Indian tribe requirements 
but does not propose 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.
    The 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. Covered subjects are:
    (i) The designation, description, and classification of hazardous 
materials;
    (ii) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (iii) The preparation, execution, and use of shipping documents 
related to hazardous materials and requirements related to the number, 
content, and placement of those documents;
    (iv) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous materials; or
    (v) 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 materials.
    This proposed rule concerns the classification, packaging, marking, 
labeling, and handling of hazardous materials, among other covered 
subjects. If adopted as final, this rule would preempt 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. 
PHMSA proposes the effective date of federal preemption be 90 days from 
publication of a final rule in this matter in the Federal Register.

D. Executive Order 13175

    This proposed 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 proposed rule does not have tribal implications, does not 
impose substantial direct compliance costs on Indian tribal 
governments, and does not preempt tribal law, the funding and 
consultation requirements of Executive Order 13175 do not apply, and a 
tribal summary impact statement is not required.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities. 
An agency must conduct a regulatory flexibility analysis unless it 
determines and certifies that a rule is not expected to have a 
significant impact on a substantial number of small entities. This 
proposed rule would amend miscellaneous provisions in the HMR to 
clarify provisions based on our own initiatives and also on petitions 
for rulemaking. While maintaining safety, it would relax certain 
requirements that are overly burdensome and would update references to 
consensus standards that are incorporated in the HMR. The proposed 
changes are generally intended to provide relief to shippers, carriers, 
and packaging manufacturers, including small entities. Therefore, I 
certify that this proposal, if promulgated, would not have a 
significant economic impact on a substantial number of small entities.
    This proposed rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure that potential impacts of 
draft rules on small entities are properly considered.

F. Paperwork Reduction Act

    This proposed rule does not impose any new information collection 
requirements.

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 proposed rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$120.7 million or more to either State, local, or tribal governments, 
in the aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objective of the rule.

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended 
(42 U.S.C. 4321-4347) requires Federal agencies to consider the 
consequences of major Federal actions and prepare a detailed statement 
on actions significantly affecting the quality of the human 
environment. PHMSA proposes to make miscellaneous amendments to the HMR 
based on petitions for rulemaking and PHMSA's own initiatives. The 
proposed amendments are intended to update, clarify, or provide relief 
from certain existing regulatory requirements to promote safer 
transportation practices; eliminate unnecessary regulatory 
requirements; finalize outstanding petitions for rulemaking; facilitate 
international commerce; and make these requirements easier to 
understand. We determined there would be no significant environmental 
impacts associated with this proposed 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 https://dms.dot.gov.

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Incorporation by reference, Reporting and recordkeeping 
requirements.

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste, 
Incorporation by Reference, Labeling, Markings, Packaging and 
containers,

[[Page 55766]]

Reporting and recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Incorporation by Reference, 
Packaging and containers, Radioactive materials, Reporting and 
recordkeeping requirements, Uranium.

49 CFR Part 175

    Hazardous materials transportation, Air carriers, Reporting and 
recordkeeping requirements.

49 CFR Part 177

    Hazardous materials transportation, Incorporation by reference, 
Motor carriers, Segregation requirements, Reporting and recordkeeping 
requirements.

49 CFR Part 178

    Hazardous materials transportation, Incorporation by reference, 
Motor vehicle safety, Packaging and containers, 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.
    In consideration of the foregoing, we propose to amend 49 CFR 
Chapter I as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

    1. The authority citation for part 171 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5128, 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.

    2. In Sec.  171.4, paragraph (c) is revised to read as follows:


Sec.  171.4  Marine Pollutants.

* * * * *
    (c) Exceptions. Except when all or part of the transportation is by 
vessel, the requirements of this subchapter specific to marine 
pollutants do not apply to non-bulk packagings transported by motor 
vehicle, rail car or aircraft.
    3. In Sec.  171.7, in paragraph (a)(3) and (b) tables, the 
following amendments are made:
    a. Under the entry ``Chlorine Institute, Inc.,'' the entry ``Type 
1\1/2\ JQ 225, Dwg., H51970, Revision D April 5, 1989; or Type 1\1/2\ 
JQ 225, Dwg. H50155, Revision F, April 4, 1989'' is revised;
    b. Under the entry ``Chlorine Institute, Inc.,'' the entry 
``Section 3, Pamphlet 57, Emergency Shut-Off Systems for Bulk Transfer 
of Chlorine, 3rd Edition, October 1997'' is revised;
    c. Under the entry ``Chlorine Institute, Inc.,'' the entry 
``Section 3, Pamphlet 166 Angle Valve Guidelines for Chlorine Bulk 
Transportation, 1st Edition, October 2002'' is added;
    d. Under the entry ``Chlorine Institute, Inc.,'' the entry 
``Typical Manway Arrangement Chlorine Cargo Tank, Dwg. 137-5, November 
1996'' is added;
    e. Under the entry ``Chlorine Institute, Inc.,'' the entry 
``Standards for Housing and Manway Covers for Steel Cargo Tanks, Dwgs. 
137-1 and 137-2, September 1, 1982'' is removed;
    f. Under the entry ``Compressed Gas Association, Inc.,'' the entry 
``CGA Pamphlet C-5 Cylinder Service Life--Seamless Steel High Pressure 
Cylinders, 1991'' is revised;
    g. Under the entry ``Compressed Gas Association, Inc.,'' the entry 
``CGA Pamphlet C-7, A Guide for the Preparation of Precautionary 
Markings of Compressed Gas Containers, appendix A, issued 1992 (6th 
Edition)'' is revised;
    h. Under the entry ``Compressed Gas Association, Inc.,'' the entry 
``CGA Pamphlet S-1.1, Pressure Relief Device Standards--Part 1--
Cylinders for Compressed Gases, 2001 (with the exception of paragraph 
9.1.1.1), Ninth Edition'' is removed;
    i. Under the entry ``Compressed Gas Association, Inc.,'' the entry 
``CGA Pamphlet S-1.1, Pressure Relief Device Standards--Part 1--
Cylinders for Compressed Gases, 2003 (with the exception of paragraph 
9.1.1.1), Eleventh Edition'' is removed;
    j. Under the entry ``Compressed Gas Association, Inc.,'' the entry 
``CGA Pamphlet S-1.1, Pressure Relief Device Standards--Part 1--
Cylinders for Compressed Gases, 2005 (with the exception of paragraph 
9.1.1.1), Twelfth Edition'' is added;
    k. Under the entry ``Compressed Gas Association, Inc.,'' the entry 
``CGA Pamphlet S-7, Method for Selecting Pressure Relief Devices for 
Compressed Gas Mixtures in Cylinders, 1996'' is revised;
    l. Under the entry ``International Organization for 
Standardization,'' the entry ``ISO 7225, Gas cylinders--Precautionary 
labels, First Edition, November 1994, (Corrected and reprinted August 
1995), (E)'' is revised; and
    m. In paragraph (b), a new entry ``Compressed Gas Association, 
Inc.,'' 4221 Walney Road, 5th Floor, Chantilly, Virginia 20151, ``CGA 
Pamphlet C-1.1--Personnel Training and Certification Guidelines for 
Cylinder Requalification By the Volumetric Expansion, issued 2004 (1st 
Edition)'' is added in alphabetical order.
    The revisions and additions read as follows:


Sec.  171.7  Reference material.

    (a) * * *
    (3) Table of material incorporated by reference. * * *

------------------------------------------------------------------------
                                                                49 CFR
                Source and name of material                   reference
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
                        Chlorine Institute, Inc.
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
Type 1\1/2\ JQ 225, Dwg., H51970, Revision F, November          173.315.
 1996; or Type 1\1/2\ JQ 225, Dwg. H50155, Revision H,
 November 1996.............................................
Section 3, Pamphlet 57, Emergency Shut-Off Systems for Bulk     177.840.
 Transfer of Chlorine, Edition 4, October 2003.............
Section 3, Pamphlet 166 Angle Valve Guidelines for Chlorine   178.337-9.
 Bulk Transportation, 1st Edition, October 2002............
 
                              * * * * * * *
Typical Manway Arrangement Chlorine Cargo Tank, Dwg 137-5,   178.337-10.
 November 1996.............................................
 

[[Page 55767]]

 
                              * * * * * * *
------------------------------------------------------------------------
                    Compressed Gas Association, Inc.
------------------------------------------------------------------------
 
                              * * * * * * *
CGA Pamphlet C-5, Cylinder Service Life--Seamless Steel      172.302(a).
 High Pressure Cylinders, 1991 (reaffirmed 1995)...........
 
                              * * * * * * *
CGA Pamphlet C-7, Guide to Preparation of Precautionary        172.400a.
 Labeling and Marking of Compressed Gas Containers,
 appendix A, issued 2004