Hazardous Materials: Minor Editorial Corrections and Clarifications (RRR), 60745-60755 [2013-23873]
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Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations
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documentation that demonstrates the
corrective action was completed. If a
corrective action is of a type that cannot be
documented (e.g., no longer using a
particular packaging), then a respondent may
provide a signed affidavit describing the
action it took. The affidavit must begin with
the affirmative oath ‘‘I hereby affirm under
the penalties of perjury that the below
statements are true and correct to the best of
my knowledge, information and belief,’’ in
accordance with 28 U.S.C. 1746.
Generally, corrective action credit may not
exceed 25 percent. Mitigation is applied to
individual violations and fact patterns but
should not be considered to be automatic
reduction. Thus, in a case with two
violations, if corrective action for the first
violation is more extensive than for the
second, the penalty for the first will be
mitigated more than that for the second. If a
respondent has previously committed the
same violation, however, as determined in a
finally-adjudicated civil, criminal, or
administrative enforcement case or a ticket,
PHMSA will not apply any reduction for
corrective action.
In determining the appropriate civil
penalty reduction, PHMSA will consider the
extent to which the respondent corrected the
violation and any risks or harms it created,
the respondent’s actions to prevent the
violation from recurring, improvements to
overall company practices to address a
widespread compliance issue, and how
quickly the corrective action was performed.
In general, PHMSA will apply the following
reductions for corrective action, subject to
the facts and circumstances of individual
cases and respondents. If a respondent has
given full documentation of timely corrective
action and PHMSA does not believe that
anything else can be done to correct the
violation or improve overall company
practices, we will generally reduce the civil
penalty by no more than 25 percent. As noted
above, a 25 percent reduction is not
automatic. We will reduce the penalty up to
20 percent when a respondent promptly and
completely corrected the cited violation and
has taken substantial steps toward
comprehensive improvements. PHMSA will
generally apply a reduction up to 15 percent
when a respondent has made substantial and
timely progress toward correcting the specific
violation as well as overall company
practices, but additional actions are needed.
A reduction up to 10 percent is appropriate
when a respondent has taken significant
steps toward addressing the violation, but
minimal or no steps toward correcting
broader company policies to prevent future
violations. PHMSA may reduce a penalty up
to 5 percent when a respondent made
untimely or minimal efforts toward
correcting the violation.
E. Financial Considerations
PHMSA may mitigate a proposed penalty
when a respondent documents that the
penalty would either (1) exceed an amount
that the respondent is able to pay, or (2) have
an adverse effect on the respondent’s ability
to continue in business. These criteria relate
to a respondent’s entire business, and not just
the product line or part of its operations
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involved in a violation. PHMSA may apply
this mitigation by reducing the civil penalty
or instituting a payment plan.
PHMSA will only mitigate a civil penalty
based on financial considerations when a
respondent supplies financial documentation
demonstrating one of the factors above. A
respondent may submit documentation of
financial hardship at any stage to receive
mitigation or an installment payment plan.
Documentation includes tax records, a
current balance sheet, profit and loss
statements, and any other relevant records.
Evidence of a respondent’s financial
condition is used only to decrease a penalty,
and not to increase it.
In evaluating the financial impact of a
penalty on a respondent, PHMSA will
consider all relevant information on a caseby-case basis. Although PHMSA will
determine financial hardship and appropriate
penalty adjustments on an individual basis,
in general, we will consider the following
factors.
1. The overall financial size of the
respondent’s business and information on the
respondent’s balance sheet, including the
current ratio (current assets to current
liabilities), the nature of current assets, and
net worth (total assets minus total liabilities).
2. A current ratio close to or below 1.0 may
suggest that the company would have
difficulty in paying a large penalty or in
paying it in a single lump sum.
3. A small amount of cash on hand
(representing limited liquidity), even with
substantial other current assets (such as
accounts receivable or inventory), may
suggest a company would have difficulty in
paying a penalty in a single lump sum.
4. A small or negative net worth may
suggest a company would have difficulty in
paying a penalty in a single lump sum.
Notwithstanding, many respondents have
paid substantial civil penalties in
installments even though net worth was
negative. For this reason, negative net worth
alone does not always warrant reduction of
a proposed penalty or even, in the absence
of factors discussed above, a payment plan.
When PHMSA determines that a proposed
penalty poses a significant financial
hardship, we may reduce the proposed
penalty and/or implement an installment
payment plan. The appropriateness of these
options will depend on the circumstances of
the case.
When an installment payment plan is
appropriate, the length of the payment plan
should be as short as possible, but may be
adjusted as necessary. PHMSA will not
usually exceed six months for a payment
plan. In unusual circumstances, PHMSA may
extend the period of a payment plan. For
example, the duration of a payment plan may
reflect fluctuations in a company’s income if
its business is seasonal or if the company has
documented specific reasons for current nonliquidity.
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Issued in Washington, DC, on September
25, 2013 under authority delegated in 49 CFR
§ 1.97.
Cynthia L. Quarterman,
Administrator, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2013–23887 Filed 10–1–13; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 107, 130, 171, 172, 173,
174, 177, 178, 179, and 180
RIN 2137–AF03
[Docket No. PHMSA–2013–0158 (HM–244F)]
Hazardous Materials: Minor Editorial
Corrections and Clarifications (RRR)
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule.
AGENCY:
This final rule corrects
editorial errors, makes minor regulatory
changes and, in response to requests for
clarification, improves the clarity of
certain provisions in the Hazardous
Materials Regulations (HMR). The
intended effect of this rule is to enhance
the accuracy and reduce
misunderstandings of the regulations.
The amendments contained in this rule
are non-substantive changes and do not
impose new requirements.
DATES: Effective date: October 1, 2013.
The incorporation by reference of
certain publications listed in the rule
was approved by the Director of the
Federal Register as of January 7, 2013.
FOR FURTHER INFORMATION CONTACT: Neal
Suchak, Standards and Rulemaking
Division, 202–366–8553, PHMSA, East
Building, PHH–10, 1200 New Jersey
Avenue SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
II. Section-by-Section Review
III. Regulatory Analyses and Notices
A. Statutory/Legal Authority for the
Rulemaking
B. Executive Orders 12866 and 13563 and
DOT Regulatory Policies and Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive
Order 13272 and DOT Policies and
Procedures
F. Executive Order 13563 Improving
Regulation and Regulatory Review
G. Unfunded Mandates Reform Act of 1995
H. Paperwork Reduction Act
I. Environmental Impact Analysis
J. Regulation Identifier Number (RIN)
K. Privacy Act
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Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations
I. Background
The Pipeline and Hazardous Materials
Safety Administration (PHMSA)
annually reviews the Hazardous
Materials Regulations (HMR; 49 CFR
Parts 171–180) to identify typographical
errors, outdated addresses or other
contact information, and similar errors.
In this final rule, we are correcting
typographical errors, incorrect
references to the Code of Federal
Regulations (CFR) and international
standards citations, inconsistent use of
terminology, misstatements of certain
regulatory requirements, and
inadvertent omissions of information.
Because these amendments do not
impose new requirements, notice and
public comment are unnecessary. By
making these amendments effective
without the customary 30-day delay
following publication, the changes will
appear in the next published revision of
title 49 of the CFR.
II. Section-by-Section Review
The following is a section-by-section
summary of the minor editorial
corrections and clarifications made in
this final rule.
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Part 107
Section 107.402
This section prescribes the
requirements for application for
designation as a certification agency.
Paragraph (d) of this section specifically
describes the requirements to become a
Fireworks Certification Agency (FCA).
These requirements were adopted in a
final rule entitled ‘‘Hazardous Materials:
Revision to Fireworks Regulations
(RRR)’’ published on July 16, 2013
(Docket No. PHMSA–2010–0320 (HM–
257); 78 FR 42473, effective August 16,
2013). Paragraph (d)(1)(ii) adopted in
this rulemaking details the work
experience an employee of a FCA would
need to possess, specifically
‘‘experience in manufacturing or testing
of Division 1.4G consumer fireworks.’’ It
was not PHMSA’s intent to
unnecessarily limit FCA employees to
only those dealing with low hazard
fireworks as those employees with
experience in manufacturing or testing
of higher hazard explosives and
fireworks would be qualified to conduct
the work of an FCA. Therefore, in this
rulemaking PHMSA is amending
107.402(d)(1)(ii) by replacing the
specific language ‘‘Division 1.4G
consumer fireworks’’ with the more
generic term ‘‘fireworks or explosives.’’
Section 107.801
This section describes the purpose
and scope of subpart I of Part 107
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regarding the approval of Independent
Inspection Agencies, Cylinder
Requalifiers, and Non-domestic
Chemical Analyses and Tests of DOT
Specification Cylinders. Paragraph (b) of
this section contains the typographical
error ‘‘Administratior.’’ PHMSA is
correcting this spelling error to read
‘‘Administrator.’’
Section 107.803
This section provides instructions for
the approval of an Independent
Inspection Agency (IIA). Paragraph (c)
describes the application information
that each applicant must submit to
become an IIA. The reference in
§ 107.803(c)(6) to subparagraph (c)(3) is
incorrect. Currently, § 107.803(c)(6)
references subparagraph (c)(3) when
referring to a certifying inspection
agency. This reference is incorrect as
subparagraph (c)(3) refers to the
applicant. PHMSA is revising
§ 107.803(c)(6) to correctly reference
subparagraph (c)(5), which clarifies that
an identification number or
qualification number should be assigned
to each inspector employed by the
applicant.
Part 171
Section 171.23
This section describes requirements
for specific materials and packagings
transported under the International
Civil Aviation Organization (ICAO)
Technical Instructions, International
Maritime Dangerous Goods (IMDG)
Code, Transport Canada Transportation
of Dangerous Goods (TDG) Regulations,
or the International Atomic Energy
Agency (IAEA) Regulations.
Subparagraph (a)(4) describes the filling
of cylinders for export or use on board
a vessel. PHMSA amended this
subparagraph in a final rule published
on September 13, 2011 (Docket No.
PHMSA–2011–0134 (HM–244D); 76 FR
177, effective October 13, 2011), at
which time § 171.23(a)(4)(iii) was
inadvertently omitted. The change made
to § 171.23 in the publication of the
final rule (HM–244D) was solely to
correct paragraph (a)(4)(ii), where the
word ‘‘density’’ was misspelled as
‘‘ensity.’’ No other changes to this
section were intended. PHMSA is
revising this section to reinsert the
requirement for the bill of lading or
other shipping paper to include the
certification statement: ‘‘This cylinder
has (These cylinders have) been
qualified, as required, and filled in
accordance with DOT requirements for
export.’’
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Part 172
Section 172.101
This section contains the Hazardous
Materials Table (HMT) and explanatory
text for each of the columns in the table.
Paragraph (c) of this section describes
column 2: hazardous materials
descriptions and proper shipping
names. Subparagraph (c)(6) describes
what may be used when a proper
shipping name includes a concentration
or concentration range. While the HMR
permits the use of the percent sign (%)
in other sections of the regulations (for
example, the organic peroxide table;
§ 173.225), it does not specifically state
that it may be substituted for the word
‘‘percent’’ in a proper shipping name
listed in the HMT. International
standards permit the use of the percent
sign (%) in place of the word ‘‘percent.’’
Therefore, PHMSA is clarifying
§ 172.101(c)(6) to note that the percent
sign (%) is permitted and may be used
in place of the word ‘‘percent.’’
The proper shipping name for the
entry ‘‘Helium, compressed, UN 1046’’
is italicized in the § 172.101 HMT. This
is incorrect, as italicized text indicates
that the words are not part of a proper
shipping name but may be used in
addition to the proper shipping name. It
was not PHMSA’s intent to make words
in this proper shipping name optional.
In this final rule, PHMSA is revising the
entry ‘‘Helium, compressed, UN1046’’ to
read ‘‘Helium, compressed, UN1046.’’
The entry for ‘‘Hydrogen iodide
solution, see Hydriodic acid’’ is
incorrect in the § 172.101 HMT. The
row showing information for this
material as a packing group III should
not be shown in the § 172.101 HMT.
The intention of this entry is to make
reference to the entry ‘‘Hydriodic acid,
UN1787,’’ and the inclusion of a row
showing information for packing group
III could cause confusion that the
reference to Hydriodic Acid applies
only for materials of that packing group.
Therefore, PHMSA is revising this entry
to remove information from additional
rows under ‘‘Hydrogen iodide solution,
see Hydriodic acid.’’
The entry for ‘‘Neon, compressed,
UN1065’’ is being revised to realign the
columns of the § 172.101 HMT in the
correct order. Information currently in
column 5 of the § 172.101 HMT should
be moved one column to the right.
Subsequently, information currently in
columns 6–10 should be moved two
columns to the right.
The entry for ‘‘Nitrocellulose, with not
more than 12.6 percent, by dry mass
mixture with or without plasticizer,
with or without pigment, UN2557’’ is
incorrect in the § 172.101 HMT. The
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entry should include the word
‘‘nitrogen,’’ and read ‘‘Nitrocellulose,
with not more than 12.6 percent
nitrogen, by dry mass mixture with or
without plasticizer, with or without
pigment.’’ The word ‘‘nitrogen’’ was
omitted inadvertently when PHMSA
published a final rule on October 1,
2007 (Docket No. PHMSA–2007–29245
(HM–244); 72 FR 55678, effective
October 1, 2007), when the entry was
intended to be changed for consistency
with the United Nations (UN) Model
Regulations. The entry in the UN Model
Regulations for UN2557 includes the
word ‘‘nitrogen.’’ PHMSA is revising
this entry for consistency with the UN
Model Regulations.
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Section 172.102
This section prescribes the special
provisions assigned to § 172.101 HMT
entries. On January 19, 2011 PHMSA
published, and made effective a final
rule, (Docket No. PHMSA–2009–0126
(HM–215K); 76 FR 12), which amended
special provision 149. This special
provision authorizes an increased
amount of certain Class 3 (flammable
liquid) materials in PG II that are
transported as limited quantities or
consumer commodities. It was revised
to indicate that the exception provided
may not be used for transportation by
aircraft. However, the previous
regulatory text for special provision 149
was not removed from the HMR
resulting in two entries under special
provision 149. Therefore, PHMSA is
amending § 172.102(c)(1) to remove the
second entry for special provision 149.
In the same rulemaking (HM–215K),
§ 172.102(c)(1) special provision T9 was
amended. Special provisions found in
§ 172.102(c)(7) with a ‘‘T’’ code apply to
Portable Tanks. This final rule changed
column 5 of special provision T9 to
indicate use of the portable tank as
prohibited for liquids. The previous
bottom opening requirements remain in
the table inadvertently. Therefore,
PHMSA is revising special provision T9
to remove the incorrect duplicative
entry, and consequently, the reference
to § 178.275 in column 5. Additionally,
PHMSA is revising the Table of Portable
Tank T Codes to reformat special
provision T21 because as it appears
currently, all information in the table
was inadvertently shifted one column to
the right.
Section 172.203
This section provides shippers with
additional requirements for hazardous
materials descriptions on shipping
papers. Paragraph (k) of this section
prescribes the requirements applicable
to technical names. On December 29,
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2006, PHMSA published a final rule
(Docket No. PHMSA–06–25476 (HM–
215I); 7 FR 78596, effective January 1,
2007), which harmonized many
regulations within the HMR in
accordance with international
standards. Among these changes, was
the order in which a hazardous
materials shipping description should
be entered on a shipping paper.
Originally, the proper order was proper
shipping name followed by hazard
class, UN identification number, and
packing group. Based on the changes
made under Docket HM–215I, the new
order of hazardous materials shipping
descriptions is: UN identification
number, followed by the proper
shipping name, hazard class, and
packing group. This new sequence had
a mandatory compliance date of January
1, 2013. PHMSA is revising § 172.203(k)
introductory text and subparagraph
(k)(1) to reflect the proper sequence for
a hazardous materials description on a
shipping paper in the examples given in
this paragraph.
Section 172.400
This section provides the general
labeling requirements. Paragraph (b) of
this section contains a table for the
appropriate label in accordance with
column 6 of the HMT. The entry for
Class 3 is incorrect in the first column
and reads ‘‘3 (flammable liquid)
Combustible Liquid’’ and PHMSA is
revising it to ‘‘3 Flammable Liquid
(Combustible liquid)’’ to accurately
describe the general labeling
requirements.
Section 172.512
The placarding requirements for
freight containers and aircraft unit load
devices are described in § 172.512. The
reference in § 172.512(b)(1)(iii) to part 7;
chapter 2, section 2.7 of the ICAO
Technical Instructions in this subsubparagraph is inaccurate. This
reference became inaccurate when the
2013–2014 publication of the ICAO
Technical Instructions re-designated
part 7; chapter 2; section 2.6 as a new
requirement for visibility of labels,
moving all subsequent sections up. Part
7; chapter 2, section 2.7 of the ICAO
Technical Instructions now refers to
replacement of labels, whereas section
2.8 refers to identification of unit load
devices containing dangerous goods.
PHMSA is revising this subsubparagraph for the correct reference to
cite part 7; chapter 2, section 2.8.
Section 172.604
This section describes the
requirements for providing an
emergency response telephone number.
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Paragraph (d) of this section gives
exceptions to this requirement and lists
what materials are not required to be
accompanied by an emergency response
telephone number. The exception in
subparagraph § 172.604(d)(1) includes
the word ‘‘and’’ at the end, suggesting
that a material must be offered for
transportation as a limited quantity as
well as have a proper shipping name
that is listed in subparagraph
§ 172.604(d)(2). This is not the intent of
this regulation and PHMSA is revising
subparagraph § 172.604(d)(1) in an effort
to eliminate any confusion by removing
the word ‘‘and’’ at the end, to indicate
that these are two separate exceptions to
the requirement to provide an
emergency response telephone number.
This correction would create
consistency with similarly structured
sections of the HMR.
Part 173
Section 173.22
This section prescribes the shipper’s
responsibilities required for the offering
for transportation of a hazardous
material in commerce. In subsubparagraph § 173.22(a)(4)(ii), the
requirements to retain closure
notifications for a bulk package or
cylinder are described. In the last
sentence of this sub-subparagraph, the
HMR reads that subsequent offerors of a
‘‘filed’’ and otherwise properly prepared
unaltered package are not required to
maintain manufacturer notification
(including closure instruction). PHMSA
is revising this sub-subparagraph to
replace the word ‘‘filed’’ with ‘‘filled.’’
Section 173.62
This section provides packaging
instructions for Class 1 explosive
materials. Paragraph (b) of this section
contains the explosives table which
specifies the packaging instructions
assigned to each explosive UN number.
PHMSA inadvertently omitted an entry
for UN0501 in this table. ‘‘Propellant,
solid, UN0501’’ was added to the HMT
when PHMSA’s predecessor agency, the
Research and Special Programs
Administration (RSPA),published a
final rule on June 21, 2001, (Docket No.
RSPA–2000–7702 (HM–215D); 66 FR
33316, effective October 1, 2001), in an
effort to harmonize the HMR with
international standards. When
‘‘Propellant, solid, UN0501’’ was added
to the HMT, the corresponding entry in
the explosives table in § 173.62(b) was
not made. PHMSA is revising the
explosives table in § 172.62(b) by adding
the entry for UN0501 and the reference
to its corresponding packing instruction,
114(b). This change captures our
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original intent to align the requirements
with those provided in the UN Model
Regulations.
Section 173.124
This section defines classification
criteria for Class 4 hazardous materials.
Paragraph (a) defines a Division 4.1
(flammable solid) material. The
reference in § 173.124(a)(2)(iv) identifies
tests to classify self-reactive materials. It
currently references Figure 14.2 in the
UN Manual of Tests and Criteria,
however there is no such figure. The
appropriate table reference should be
Figure 20.1 (a–b) in the UN Manual of
Tests and Criteria, which is a flow chart
scheme for self-reactive substances and
organic peroxides. PHMSA is revising
this section to reflect the correct
reference to the UN Manual of Tests and
Criteria.
Section 173.199
This section provides packaging
requirements for Category B infectious
substances. Paragraph (d) provides
requirements for refrigerated or frozen
specimens (ice, dry ice, and liquid
nitrogen). Subparagraph (d)(2) says
‘‘The package is marked ‘‘Carbon
dioxide, solid’’ or ‘‘Dry ice’’ and an
indication that the material being
refrigerated is used for diagnostic
treatment purposes (e.g., frozen medical
specimens).’’ The language in this
paragraph was adopted when PHMSA
published a final rule on June 2, 2006
(Docket No. PHMSA–2004–16895 (HM–
226A); 71 FR 32243, effective October 1,
2006), revising the requirements
applicable to infectious substances.
However to alleviate confusion and
provide consistency within the HMR,
this requirement should read
‘‘diagnostic or treatment purposes’’ as it
does in § 173.217(d), which provides the
packaging requirements for carbon
dioxide, solid (dry ice). PHMSA is
revising § 173.199(d)(2) to correct the
inconsistency.
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Section 173.220
This section prescribes requirements
for the transportation of internal
combustion engines, self-propelled
vehicles, mechanical equipment
containing internal combustion engines,
battery-powered equipment or
machinery, and fuel cell-powered
equipment or machinery. Subparagraph
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§ 173.220(a)(1) provides details on
determining whether the engine
contains a liquid or gaseous fuel. Under
the second sentence of this
subparagraph, an engine may be
considered as not containing fuel when
the engine components and fuel lines
have been ‘‘completed drained,
sufficiently cleaned of residue . . .’’
The word ‘‘completed’’ is intended to
read ‘‘completely.’’ This same
typographical error appears in
§ 173.220(a)(2). PHMSA is revising these
subparagraphs to replace the word
‘‘completed’’ with ‘‘completely.’’
3, 2007 (Docket No. PHMSA–2005–
23141 (HM–215F). PHMSA is revising
§ 173.301(j) for the proper reference.
Section 173.301
This section specifies the
requirements for approval of special
form Class 7 (radioactive) materials.
Paragraph (d) of this section notes that
paragraphs (a) and (b) do not apply in
those cases where A1 equals A2 (i.e.,
when the maximum activity of special
form Class 7 (radioactive) material
permitted in a Type A package equals
the maximum activity of a non-special
form Class 7 (radioactive) material
permitted in a Type A package) and the
material is not required to be described
on the shipping papers as ‘‘Radioactive
Material, Special Form, n.o.s.’’ On
January 26, 2004, RSPA published a
final rule (Docket No. RSPA–99–6283
(HM–230); 69 FR 3632, effective October
13, 2011), in an effort to make the HMR
compatible with the International
Atomic Energy Agency’s (IAEA) Safety
Standards Series. In doing so, many
entries in the HMT were revised or
removed. The entry for ‘‘Radioactive
Material, Special Form, n.o.s., UN2974’’
was removed. In this same final rule, the
entries for ‘‘Radioactive Material, Type
A Package, Special Form, UN3332’’ and
‘‘Radioactive Material, Type A Package,
Special Form, Fissile, UN3333’’ were
revised to remove the ‘‘I’’ from column
1 of the HMT to indicate they were no
longer designated for international
transportation. At the time of this
change, the proper shipping name
‘‘Radioactive Material, Special Form,
n.o.s.’’ was not removed from
§ 173.476(d). PHMSA is revising this
section to replace the proper shipping
name ‘‘Radioactive Material, Special
Form, n.o.s.’’ with ‘‘Radioactive
Material, Type A Package, Special
Form’’ or as ‘‘Radioactive Material, Type
A Package, Special Form, Fissile.’’
This section prescribes the general
requirements for shipment of
compressed gases and other hazardous
materials in cylinders, UN pressure
receptacles, and spherical pressure
vessels. Paragraph (f) of this section
gives the requirements applicable to
pressure relief device systems. The
reference in § 173.301(f)(1) to
subparagraph (l)(2) is outdated.
Formerly, § 173.301(l)(2) described the
filling requirements of cylinders for
export when not equipped with a
pressure relief device. On May 3, 2007,
PHMSA published a final rule (Docket
No. PHMSA–2005–23141 (HM–215F);
72 FR 25162, effective October 1, 2007),
which moved these requirements to
§ 171.23(a)(5). A correction of the
reference to § 173.301(l)(2) was
inadvertently omitted. Therefore,
PHMSA is revising § 173.301(f)(1) to
correctly reference § 171.23(a)(5) to
provide the filling requirements of
cylinders for export when not equipped
with a pressure relief device.
Paragraph (j) of this section provides
requirements for non-specification
cylinders in domestic use. The first
sentence of this paragraph references
§ 173.23(g). This reference is incorrect
as 173.23(g) refers to previously
authorized non-bulk packagings
manufactured and tested in accordance
with subparts L and M of part 178. The
reference should be to § 171.23(a),
which identifies the requirements for
the transportation of foreign cylinders
within the United States. Requirements
applicable to the import and export of
foreign cylinders into the United States
were consolidated into § 171.23(a) when
PHMSA published a final rule on May
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Section 173.304
This section describes the
requirements for filling of cylinders
with liquefied compressed gases.
Paragraph (d) provides criteria for the
filling of refrigerant and dispersant
gases. PHMSA is correcting the title of
paragraph (d) by italicizing ‘‘Refrigerant
and dispersant gases’’ to better identify
the heading.
Section 173.476
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Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations
Part 178
Section 178.605
Section 178.61
This section prescribes the
requirements for hydrostatic pressure
test of non-bulk UN specification
packagings. Paragraph (d) provides the
test method and pressure to be applied.
Non-bulk packagings intended to
contain hazardous materials in Packing
Group I must be tested to a minimum
test pressure of 250 kPa (36 psig) during
the hydrostatic pressure test. This
statement appears in paragraph (d),
before the numbered subparagraphs
listing the test methods, as well as after.
PHMSA is amending § 178.605(d) to
remove the duplicative statement
following the numbered subparagraphs
of test methods.
This section provides criteria for
specification 4BW welded steel
cylinders with electric-arc welded
longitudinal seam. Subparagraph (b)(2)
states that material for heads must meet
the requirements of paragraph (a) of this
section or be open hearth, electric or
basic oxygen carbon steel of uniform
quality. The reference to paragraph (a) is
incorrect, as paragraph (a) describes the
type, size and service pressure of
specification 4BW cylinders and not the
type of material for the heads. The
correct reference is to § 178.61(b)(1),
which references the specifications for
steel found in Table 1 to Appendix A of
part 178. PHMSA is revising
§ 178.61(b)(2) to correctly reference that
the material for heads must meet the
requirements of (b)(1) of this section.
Section 178.345–3
This section prescribes requirements
for the structural integrity of
specification cargo tanks. Paragraph
(c)(1) addresses stress in the cargo tank
shell resulting from normal operating
loadings. PHMSA is correcting the
formula in paragraph (c)(1) for the figure
‘‘SS2’’ to read ‘‘SS2.’’
Section 178.503
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This section describes the
requirements for the marking
requirements for non-bulk performanceoriented packagings. Paragraph (a) of
this section provides criteria for the
marking of packagings to represent that
they are manufactured to a UN standard.
There is an inadvertent error in
§ 178.503(a)(1) that states, ‘‘Except as
provided in paragraph (e)(1)(ii) of this
section, the United Nations symbol as
illustrated in paragraph (e)(1)(i) of this
section (for embossed metal receptacles,
the letters ‘‘UN’’) may be applied in
place of the symbol;’’ The parentheses
should be extended in this
subparagraph. PHMSA is revising
§ 178.503(a)(1) to read: ‘‘(1) Except as
provided in paragraph (e)(1)(ii) of this
section, the United Nations symbol as
illustrated in paragraph (e)(1)(i) of this
section (for embossed metal receptacles,
the letters ‘‘UN’’ may be applied in
place of the symbol).’’
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III. Regulatory Analyses and Notices
A. Statutory Authority
This final rule is published under
authority of 49 U.S.C. 5103(b), which
authorizes the Secretary of
Transportation to prescribe regulations
for the safe transportation, including
security, of hazardous material in
intrastate, interstate, and foreign
commerce. The purpose of this final
rule is to remove inadvertent errors in
the hazardous materials table,
grammatical and typographical errors,
and, in response to requests for
clarification, improve the clarity of
certain provisions in the Hazardous
Materials Regulations. The changes
made in this final rule are considered
non-substantive and this is published as
a direct final rule.
B. Executive Orders 12866 and 13563
and DOT Regulatory Policies and
Procedures
This final rule is not considered a
significant regulatory action under
section 3(f) of Executive Order 12866
and, therefore, was not reviewed by the
Office of Management and Budget. This
rule is not significant under the
Regulatory Policies and Procedures of
the Department of Transportation (44 FR
11034). Additionally, E.O. 13563
supplements and reaffirms E.O. 12866,
stressing that, to the extent permitted by
law, an agency rulemaking action must
be based on benefits that justify its
costs, impose the least burden, consider
cumulative burdens, maximize benefits,
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use performance objectives, and assess
available alternatives. This final rule
does not impose new or revised
requirements for hazardous materials
shippers or carriers; therefore, it is not
necessary to prepare a regulatory impact
analysis.
C. Executive Order 13132
This final rule has been analyzed in
accordance with the principles and
criteria in Executive Order 13132
(‘‘Federalism’’). This final rule does not
adopt any regulation that: (1) 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; or (2) imposes
substantial direct compliance costs on
state and local governments. PHMSA is
not aware of any state, local, or Indian
tribe requirements that would be
preempted by correcting editorial errors
and making minor regulatory changes.
This final rule does not have sufficient
federalism impacts to warrant the
preparation of a federalism assessment.
D. Executive Order 13175
This final rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
Because this final rule does not have
tribal implications, does not impose
substantial direct compliance costs on
Indian tribal governments, and does not
preempt tribal law, the funding and
consultation requirements of Executive
Order 13175 do not apply, and a tribal
summary impact statement is not
required.
E. Regulatory Flexibility Act, Executive
Order 13272, and DOT Procedures and
Policies
This final rule will not have a
significant economic impact on a
substantial number of small entities.
This rule makes minor editorial changes
that will not impose any new
requirements on persons subject to the
HMR; thus, there are no direct or
indirect adverse economic impacts for
small units of government, businesses,
or other organizations.
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Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations
F. Executive Order 13563 Improving
Regulation and Regulatory Review
Executive Order 13563 supplements
and reaffirms the principles, structures,
and definitions governing regulatory
review that were established in
Executive Order 12866 Regulatory
Planning and Review of September 30,
1993. In addition, Executive Order
13563 specifically requires agencies to:
(1) Involve the public in the regulatory
process; (2) promote simplification and
harmonization through interagency
coordination; (3) identify and consider
regulatory approaches that reduce
burden and maintain flexibility; and (4)
ensure the objectivity of any scientific
or technological information used to
support regulatory action; consider how
to best promote retrospective analysis to
modify, streamline, expand, or repeal
existing rules that are outmoded,
ineffective, insufficient, or excessively
burdensome.
A complete review of the existing
HMR led to the identification of various
minor errors in the HMR.
The correction of these errors will
clarify current text while maintaining
the intent of the regulations affected.
This final rule is designed to address
those errors by making non-substantive
changes to the HMR such as editorial
changes, spelling corrections, removal
of transitional requirements that are no
longer applicable and formatting
modifications. This final rule corrects
these errors but does not require the
application of Executive Order 13563.
The final rule does however clarify the
regulatory text thus improving the
regulations.
G. Unfunded Mandates Reform Act of
1995
This rule does not impose unfunded
mandates under the Unfunded
Mandates Reform Act of 1995. It does
not result in costs of $141.3 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.
Environmental Quality (40 CFR part
1500) require Federal agencies to
consider the consequences of Federal
actions and prepare a detailed statement
on actions that significantly affect the
quality of the human environment.
The purpose of this rulemaking is to
correct editorial errors, make minor
regulatory changes and, in response to
requests for clarification, improve the
clarity of certain provisions in the HMR.
The intended effect of this rule is to
enhance the accuracy and reduce
misunderstandings of the regulations.
The amendments contained in this rule
are non-substantive changes and do not
impose new requirements. Therefore,
PHMSA has determined that the
implementation of this final rule will
not have any significant impact on the
quality of the human environment.
J. 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.
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49 CFR Part 178
Hazardous materials transportation,
Motor vehicle safety, Packaging and
containers, Reporting and recordkeeping
requirements.
In consideration of the foregoing, 49
CFR Chapter I is amended as follows:
PART 107—HAZARDOUS MATERIALS
PROGRAM PROCEDURES
1. The authority citation for part 107
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701;
Pub. L. 101–410 section 4 (28 U.S.C. 2461
note); Pub. L. 104–121 sections 212–213;
Pub. L. 104–134 section 31001; Pub. L. 112–
141 section 33006; 49 CFR 1.81 and 1.97.
2. In § 107.402, paragraph (d)(1)(ii) is
revised to read as follows:
■
§ 107.402 Application for designation as a
certification agency.
List of Subjects
■
49 CFR Part 107
Administrative practice and
procedure, Hazardous materials
transportation, Penalties, Reporting and
recordkeeping requirements.
I. Environmental Impact Analysis
The National Environmental Policy
Act of 1969 (NEPA), as amended (42
U.S.C. 4321–4347), and implementing
regulations by the Council on
49 CFR Part 172
Education, Hazardous materials
transportation, Hazardous waste,
Incorporation by reference, Labeling,
Jkt 232001
Hazardous materials transportation,
Incorporation by reference, Packaging
and containers, Radioactive materials,
Reporting and recordkeeping
requirements, Uranium.
*
49 CFR Part 171
Exports, Hazardous materials
transportation, Hazardous waste,
Imports, Reporting and recordkeeping
requirements.
15:59 Oct 01, 2013
49 CFR Part 173
K. Privacy Act
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, 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), which may be viewed at
https://www.dot.gov/privacy.
H. Paperwork Reduction Act
There are no new information
collection requirements in this final
rule.
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Packaging and containers, Reporting
and recordkeeping requirements.
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*
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*
(d) * * *
(1) * * *
(ii) Employ personnel with work
experience in manufacturing or testing
of fireworks or explosives; or a
combination of work experience in
manufacturing or testing of fireworks or
explosives and a degree in the physical
sciences or engineering from an
accredited university;
*
*
*
*
*
§ 107.801
[Amended]
3. In § 107.801, in the first sentence of
paragraph (b), remove the word
‘‘Administratior’’ and add the word
‘‘Administrator’’ in its place.
■ 4. In § 107.803, paragraph (c)(6) is
revised to read as follows:
§ 107.803 Approval of an independent
inspection agency (IIA).
*
*
*
*
*
(c) * * *
(6) An identification or qualification
number assigned to each inspector who
is supervised by a certifying inspector
identified in paragraph (c)(5) of this
section.
*
*
*
*
*
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Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations
PART 130—OIL TRANSPORTATION
5. The authority citation for part 130
is revised to read as follows:
■
Authority: 33 U.S.C 1321; 49 CFR 1.81 and
1.97.
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
6. The authority citation for part 171
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.81 and 1.97; Pub. L. 101–410 section
4 (28 U.S.C. 2461 note); Pub. L. 104–134
section 31001.
7. In § 171.23, paragraph (a)(4)(iii) is
added to read as follows:
■
§ 171.23 Requirements for specific
materials and packagings transported
under the ICAO Technical Instructions,
IMDG Code, Transport Canada TDG
Regulations, or the IAEA Regulations.
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*
*
*
(a) * * *
(4) * * *
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*
(iii) The bill of lading or other
shipping paper identifies the cylinder
and includes the following certification:
‘‘This cylinder has (These cylinders
have) been qualified, as required, and
filled in accordance with the DOT
requirements for export.’’
*
*
*
*
*
PART 172—HAZARDOUS MATERIALS
TABLE, SPECIAL PROVISIONS,
HAZARDOUS MATERIALS
COMMUNICATIONS, EMERGENCY
RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY
PLANS
8. The authority citation for part 172
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 44701; 49
CFR 1.81 and 1.97.
9. In § 172.101, revise paragraph (c)(6)
to read as follows:
■
§ 172.101 Purpose and use of the
hazardous materials table.
*
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(c) * * *
Frm 00099
*
*
(6) When a proper shipping name
includes a concentration range as part of
the shipping description, the actual
concentration, if it is within the range
stated, may be used in place of the
concentration range. For example, an
aqueous solution of hydrogen peroxide
containing 30 percent peroxide may be
described as ‘‘Hydrogen peroxide,
aqueous solution with not less than 20
percent but not more than 40 percent
hydrogen peroxide’’ or ‘‘Hydrogen
peroxide, aqueous solution with 30
percent hydrogen peroxide.’’ Also, the
percent sign (%) may be used in place
of the word ‘‘percent’’ when words in
italics containing the word ‘‘percent’’
are used in addition to the proper
shipping name.
*
*
*
*
*
10. In § 172.101, in the Hazardous
Materials Table, the following entries
are revised to read as follows:
■
§ 172.101 Purpose and use of hazardous
materials table.
*
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(1)
Symbols
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*
Nitrocellulose, with not more than
12.6 percent nitrogen, by dry
mass mixture with or without
plasticizer, with or without pigment.
*
Neon, compressed .........................
*
Hydrogen iodide solution, see Hydriodic acid.
*
Helium, compressed ......................
(2)
Hazardous materials descriptions
and proper shipping names
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(3)
4.1
2.2
2.2
Hazard
class or
division
*
*
UN2557 ....
*
UN1065 ....
*
*
UN1046 ....
(4)
Identification Nos.
*
*
II ...............
*
...................
*
*
...................
(5)
PG
4.1 ............
2.2 ............
2.2 ............
(6)
Label
codes
*
*
44 .............
*
...................
*
*
...................
(7)
Special
provisions
(§ 172.102)
*
*
151 ...........
*
306, 307 ...
*
*
306 ...........
(8A)
Exceptions
212 ...........
302 ...........
302 ...........
(8B)
Non-bulk
(8) Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE
*
*
240 ...........
*
None .........
*
*
302, 314 ...
(8C)
Bulk
*
*
1 kg ..........
*
75 kg ........
*
*
75 kg ........
(9A)
Passenger
aircraft/rail
15 kg ........
150 kg ......
150 kg ......
(9B)
Cargo
aircraft only
(9) Quantity limitations
(see §§ 173.27
and175.75)
D ...............
A.
A ...............
(10A)
Location
28, 36
85
(10B)
Other
(10) Vessel stowage
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*
*
*
*
*
b. In paragraph (c)(7)(ii), in the Table
of Portable Tank T Codes T1–T22, revise
the entries for T9 and T22.
The revisions read as follows:
■
11. Amend § 172.102 as follows:
■ a. In paragraph (c)(1), remove the first
entry for special provision 149.
■
§ 172.102
*
Special provisions.
*
*
(c) * * *
(7) * * *
(ii) * * *
*
*
TABLE OF PORTABLE TANK T CODES T1–T22
[Portable tank codes T1–T22 apply to liquid and solid hazardous materials of classes 3 through 9 which are transported in portable tanks]
Portable tank
instruction
Minimum test
pressure (bar)
Minimum shell thickness
(in mm-reference steel)
(see § 178.274(d))
Pressure-relief
requirements
(see § 178.275(g))
Bottom opening
requirements
(see § 178.275(d))
(1)
(2)
(3)
(4)
(5)
4
*
*
6 mm ...............................
*
Normal .............................
*
Prohibited for liquids.
10
*
*
10 mm .............................
*
Normal .............................
*
*
Prohibited for liquids. § 178.275(d)(2).
*
T9 .....................................
*
*
T21 ...................................
*
*
*
*
*
*
*
*
*
12. In § 172.203, paragraphs (k)
introductory text and (k)(1) are revised
to read as follows:
■
§ 172.203 Additional description
requirements.
*
*
*
*
*
(k) Technical names for ‘‘n.o.s.’’ and
other generic descriptions. Unless
otherwise excepted, if a material is
described on a shipping paper by one of
the proper shipping names identified by
the letter ‘‘G’’ in column (1) of the
§ 172.101 Table, the technical name of
the hazardous material must be entered
in parentheses in association with the
basic description. For example ‘‘UN
1760, Corrosive liquid, n.o.s., (Octanoyl
chloride), 8, II’’, or ‘‘UN 1760, Corrosive
liquid, n.o.s., 8, II (contains Octanoyl
chloride)’’. The word ‘‘contains’’ may be
used in association with the technical
name, if appropriate. For organic
peroxides which may qualify for more
than one generic listing depending on
concentration, the technical name must
*
*
include the actual concentration being
shipped or the concentration range for
the appropriate generic listing. For
example, ‘‘UN 3102, Organic peroxide
type B, solid, 5.2, (dibenzoyl peroxide,
52–100%)’’ or ‘‘UN 3108, Organic
peroxide type E, solid, 5.2, (dibenzoyl
peroxide, paste, <52%)’’. Shipping
descriptions for toxic materials that
meet the criteria of Division 6.1, PG I or
II (as specified in § 173.132(a) of this
subchapter) or Division 2.3 (as specified
in § 173.115(c) of this subchapter) and
are identified by the letter ‘‘G’’ in
column (1) of the § 172.101 Table, must
have the technical name of the toxic
constituent entered in parentheses in
association with the basic description. A
material classed as Division 6.2 and
assigned identification number UN 2814
or UN 2900 that is suspected to contain
an unknown Category A infectious
substance must have the words
‘‘suspected Category A infectious
substance’’ entered in parentheses in
place of the technical name as part of
*
*
the proper shipping description. For
additional technical name options, see
the definition for ‘‘Technical name’’ in
§ 171.8. A technical name should not be
marked on the outer package of a
Division 6.2 material (see § 172.301(b)).
(1) If a hazardous material is a
mixture or solution of two or more
hazardous materials, the technical
names of at least two components most
predominately contributing to the
hazards of the mixture or solution must
be entered on the shipping paper as
required by paragraph (k) of this section.
For example, ‘‘UN 2924, Flammable
liquid, corrosive, n.o.s., 3, II (contains
Methanol, Potassium hydroxide)’’.
*
*
*
*
*
■ 13. In § 172.400, in the table in
paragraph (b), the entry for Hazard class
or division ‘‘3’’ is revised to read as
follows:
§ 172.400
*
General labeling requirements.
*
*
(b) * * *
*
*
Label design or
section reference
Hazard class or division
Label name
*
*
*
3 Flammable Liquid (Combustible liquid) .................................
*
*
*
FLAMMABLE LIQUID (none) ...................................................
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*
*
*
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*
*
14. In § 172.512, paragraph (b)(1)(iii)
is revised to read as follows:
■
§ 172.512 Freight containers and aircraft
unit load devices.
*
*
*
(b) * * *
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*
15:59 Oct 01, 2013
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*
(iii) Is identified as containing a
hazardous material in the manner
provided in part 7; chapter 2, section
2.8, of the ICAO Technical Instructions
(IBR, see § 171.7 of this subchapter).
*
*
*
*
*
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172.419
*
15. In § 172.604, paragraph (d)(1) is
revised to read as follows:
■
§ 172.604
number.
*
Emergency response telephone
*
*
(d) * * *
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(1) Hazardous materials that are
offered for transportation under the
provisions applicable to limited
quantities; or
*
*
*
*
*
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
16. The authority citation for part 173
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.81 and 1.97.
17. In § 173.22, in paragraph (a)(4)(ii)
the last sentence is revised to read as
follows:
■
§ 173.22
Shipper’s responsibility.
*
*
*
*
*
(a) * * *
(4) * * *
(ii) * * * Subsequent offerors of a
filled and otherwise properly prepared
unaltered package are not required to
maintain manufacturer notification
(including closure instructions).
*
*
*
*
*
■ 18. In § 173.62, the table in paragraph
(b), the entry for UN0501 is added to
read as follows:
§ 173.62 Specific packaging requirements
for explosives.
*
*
*
(b) * * *
*
*
EXPLOSIVES TABLE
ID No.
PI
*
*
*
*
UN0501 .......................................
*
*
*
*
114(b)
*
*
*
*
*
■ 19. In § 173.124, paragraph (a)(2)(iv) is
revised to read as follows:
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§ 173.124 Class 4, Divisions 4.1, 4.2 and
4.3—Definitions.
(a) * * *
(2) * * *
(iv) Tests. The generic type for a selfreactive material must be determined
using the testing protocol from Figure
20.1 (a)-(b) (Flow Chart Scheme for SelfReactive Substances and Organic
Peroxides) from the UN Manual of Tests
and Criteria (IBR, see § 171.7 of this
subchapter).
*
*
*
*
*
■ 20. In § 173.199, paragraph (d)(2) is
revised to read as follows:
*
*
*
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*
15:59 Oct 01, 2013
Jkt 232001
manufactured to other than a DOT
specification or a UN standard in
accordance with part 178 of this
subchapter, or a DOT exemption or
special permit cylinder or a cylinder
used as a fire extinguisher in
conformance with § 173.309(a), may not
be transported to, from, or within the
United States.
*
*
*
*
*
§ 173.220 Internal combustion engines,
self-propelled vehicles, mechanical
equipment containing internal combustion
engines, battery-powered equipment or
machinery, fuel cell-powered equipment or
machinery.
§ 173.304
(a) * * *
(1) The engine contains a liquid or
gaseous fuel. An engine may be
considered as not containing fuel when
the engine components and any fuel
lines have been completely drained,
sufficiently cleaned of residue, and
purged of vapors to remove any
potential hazard and the engine when
held in any orientation will not release
any liquid fuel;
(2) The fuel tank contains a liquid or
gaseous fuel. A fuel tank may be
considered as not containing fuel when
the fuel tank and the fuel lines have
been completely drained, sufficiently
cleaned of residue, and purged of vapors
to remove any potential hazard;
*
*
*
*
*
■ 22. In § 173.301, paragraphs (f)(1) and
(j) are revised to read as follows:
§ 173.476 Approval of special form Class 7
(radioactive) materials.
§ 173.301 General requirements for
shipment of compressed gases and other
hazardous materials in cylinders, UN
pressure receptacles and spherical
pressure vessels.
*
*
*
§ 173.199 Category B infectious
substances.
(d) * * *
(2) The package is marked ‘‘Carbon
dioxide, solid’’ or ‘‘Dry ice’’ and an
indication that the material being
refrigerated is used for diagnostic or
treatment purposes (e.g., frozen medical
specimens).
*
*
*
*
*
■ 21. In § 173.220, paragraphs (a)(1) and
(2) are revised to read as follows:
*
*
*
*
(f) Pressure relief device systems. (1)
Except as provided in paragraphs (f)(5)
and (6) of this section, and § 171.23(a)(5)
of this subchapter, a cylinder filled with
a gas and offered for transportation must
be equipped with one or more pressure
relief devices sized and selected as to
type, location, and quantity, and tested
in accordance with CGA S–1.1
(compliance with paragraph 9.1.1.1 is
not required) and CGA S–7. The
pressure relief device must be capable of
preventing rupture of the normally
filled cylinder when subjected to a fire
test conducted in accordance with CGA
C–14 (IBR, see § 171.7 of this
subchapter), or, in the case of an
acetylene cylinder, CGA C–12 (IBR, see
§ 171.7 of this subchapter).
*
*
*
*
*
(j) Non-specification cylinders in
domestic use. Except as provided in
§§ 171.12(a) and 171.23(a) of this
subchapter, a filled cylinder
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[Amended]
23. In § 173.304, the paragraph (d)
subject heading is italicized.
■ 24. In § 173.476, paragraph (d) is
revised to read as follows:
■
*
*
*
*
*
(d) Paragraphs (a) and (b) of this
section do not apply in those cases
where A1 equals A2 and the material is
not required to be described on the
shipping papers as ‘‘Radioactive
Material, Type A Package, Special
Form’’ or as ‘‘Radioactive Material, Type
A Package, Special Form, Fissile.’’
PART 174—CARRIAGE BY RAIL
25. The authority citation for part 174
is revised to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.81 and 1.97.
PART 177—CARRIAGE BY HIGHWAY
26. The authority citation for part 177
is revised to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.81 and 1.97.
PART 178—SPECIFICATIONS FOR
PACKAGINGS
27. The authority citation for part 178
is revised to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.81 and 1.97.
28. In § 178.61, paragraph (b)(2) is
revised to read as follows:
■
§ 178.61 Specification 4BW welded steel
cylinders with electric-arc welded
longitudinal seam.
*
*
*
*
*
(b) * * *
(2) Material for heads must meet the
requirements of paragraph (b)(1) of this
section or be open hearth, electric or
basic oxygen carbon steel of uniform
quality. Content percent may not exceed
the following: Carbon 0.25, Manganese
0.60, Phosphorus 0.045, Sulfur 0.050.
Heads must be hemispherical or
ellipsoidal in shape with a maximum
ratio of 2.1. If low carbon steel is used,
the thickness of such heads must be
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02OCR1
Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations
determined by using a maximum wall
stress of 24,000 p.s.i. in the formula
described in paragraph (f)(4) of this
section.
*
*
*
*
*
■ 29. In § 178.345–3, paragraph (c)(1)
introductory text is revised to read as
follows:
§ 178.345–3
Structural integrity.
*
*
*
*
*
(c) * * *
(1) Normal operating loadings. The
following procedure addresses stress in
the cargo tank shell resulting from
normal operating loadings. The effective
stress (the maximum principal stress at
any point) must be determined by the
following formula:
S = 0.5(Sy + Sx) ± [0.25(Sy ¥ Sx)2 +
SS2]0.5
(i.e., the vapor pressure of the filling
material and the partial pressure of the
air or other inert gas minus 100 kPa (15
psi)) at 55 °C (131 °F), multiplied by a
safety factor of 1.5. This total gauge
pressure must be determined on the
basis of a maximum degree of filling in
accordance with § 173.24a(d) of this
subchapter and a filling temperature of
15 °C (59 °F);
(2) Not less than 1.75 times the vapor
pressure at 50 °C (122 °F) of the material
to be transported minus 100 kPa (15
psi), but with a minimum test pressure
of 100 kPa (15 psig); or
(3) Not less than 1.5 times the vapor
pressure at 55 °C (131 °F) of the material
to be transported minus 100 kPa (15
psi), but with a minimum test pressure
of 100 kPa (15 psig).
*
*
*
*
*
Where:
PART 179—SPECIFICATIONS FOR
TANK CARS
*
*
*
*
*
■ 30. In § 178.503, paragraph (a)(1) is
revised to read as follows:
§ 178.503
32. The authority citation for part 179
is revised to read as follows:
■
Marking of packagings.
(a) * * *
(1) Except as provided in paragraph
(e)(1)(ii) of this section, the United
Nations symbol as illustrated in
paragraph (e)(1)(i) of this section (for
embossed metal receptacles, the letters
‘‘UN’’ may be applied in place of the
symbol);
*
*
*
*
*
■ 31. In § 178.605, paragraph (d) is
revised to read as follows:
§ 178.605
Hydrostatic pressure test.
sroberts on DSK5SPTVN1PROD with RULES
*
*
*
*
*
(d) Test method and pressure to be
applied. Metal packagings and
composite packagings other than plastic
(e.g., glass, porcelain or stoneware),
including their closures, must be
subjected to the test pressure for 5
minutes. Plastic packagings and
composite packagings (plastic material),
including their closures, must be
subjected to the test pressure for 30
minutes. This pressure is the one to be
marked as required in § 178.503(a)(5).
The receptacles must be supported in a
manner that does not invalidate the test.
The test pressure must be applied
continuously and evenly, and it must be
kept constant throughout the test
period. In addition, packagings intended
to contain hazardous materials of
Packing Group I must be tested to a
minimum test pressure of 250 kPa (36
psig). The hydraulic pressure (gauge)
applied, taken at the top of the
receptacle, and determined by any one
of the following methods must be:
(1) Not less than the total gauge
pressure measured in the packaging
VerDate Mar<15>2010
15:59 Oct 01, 2013
Jkt 232001
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.81 and 1.97.
PART 180—CONTINUING
QUALIFICATION AND MAINTENANCE
OF PACKAGINGS
60755
Materials Transportation Safety
Improvement Act of 2012 related to the
Department’s enhanced inspection,
investigation, and enforcement
authority. Specifically, PHMSA is
amending the package opening
provision to include procedures for an
agent of the Secretary of Transportation
to open packages of perishable
hazardous materials and to provide
notification to the responsible party that
an agent has exercised a safety
inspection or investigation authority. In
addition, we are establishing equipment
requirements for agents. The
Department’s enhanced inspection,
investigation, and enforcement
procedures were previously established
through notice and comment
rulemaking and thoroughly address the
hazardous material transportation
matters identified by Congress. This
final rule is required to codify changes
to Federal hazardous materials
transportation law and to ensure
transparency and consistency for
hazardous materials inspectors across
all modes of transportation. As it affects
only agency enforcement procedures,
there are no additional compliance costs
to industry associated with this final
rule.
This Final rule is effective
November 1, 2013.
DATES:
33. The authority citation for part 180
is revised to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.81 and 1.97.
Issued in Washington, DC, on September
25, 2013 under authority delegated in 49 CFR
part 1.97.
Cynthia L. Quarterman,
Administrator, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2013–23873 Filed 10–1–13; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
Vincent Lopez or Shawn Wolsey, Office
of Chief Counsel, Pipeline and
Hazardous Materials Safety
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590, at
(202) 366–4400.
SUPPLEMENTARY INFORMATION:
BILLING CODE 4910–60–P
Table of Contents of Supplementary
Information
DEPARTMENT OF TRANSPORTATION
I. Executive Summary
II. Background
III. Discussion of the Comments on the
NPRM
IV. Summary of MAP–21 and Final Rule
V. Summary Review of Amendments
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This
Rulemaking
B. Executive Orders 12866, 13563, 13610,
and DOT Regulatory Policies and
Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive
Order 13272, and DOT Procedures and
Policies
F. Paperwork Reduction Act
G. Regulatory Identifier Number (RIN)
H. Unfunded Mandates Reform Act
I. Environmental Assessment
J. Privacy Act
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 109
[Docket No. PHMSA–2012–0259 (HM–258B)]
RIN 2137–AE98
Hazardous Materials: Enhanced
Enforcement Procedures—Resumption
of Transportation
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule.
AGENCY:
PHMSA is addressing certain
matters identified in the Hazardous
SUMMARY:
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]]>Agencies
[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Pages 60745-60755]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23873]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 130, 171, 172, 173, 174, 177, 178, 179, and 180
RIN 2137-AF03
[Docket No. PHMSA-2013-0158 (HM-244F)]
Hazardous Materials: Minor Editorial Corrections and
Clarifications (RRR)
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule corrects editorial errors, makes minor
regulatory changes and, in response to requests for clarification,
improves the clarity of certain provisions in the Hazardous Materials
Regulations (HMR). The intended effect of this rule is to enhance the
accuracy and reduce misunderstandings of the regulations. The
amendments contained in this rule are non-substantive changes and do
not impose new requirements.
DATES: Effective date: October 1, 2013. The incorporation by reference
of certain publications listed in the rule was approved by the Director
of the Federal Register as of January 7, 2013.
FOR FURTHER INFORMATION CONTACT: Neal Suchak, Standards and Rulemaking
Division, 202-366-8553, PHMSA, East Building, PHH-10, 1200 New Jersey
Avenue SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background
II. Section-by-Section Review
III. Regulatory Analyses and Notices
A. Statutory/Legal Authority for the Rulemaking
B. Executive Orders 12866 and 13563 and DOT Regulatory Policies
and Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive Order 13272 and DOT
Policies and Procedures
F. Executive Order 13563 Improving Regulation and Regulatory
Review
G. Unfunded Mandates Reform Act of 1995
H. Paperwork Reduction Act
I. Environmental Impact Analysis
J. Regulation Identifier Number (RIN)
K. Privacy Act
[[Page 60746]]
I. Background
The Pipeline and Hazardous Materials Safety Administration (PHMSA)
annually reviews the Hazardous Materials Regulations (HMR; 49 CFR Parts
171-180) to identify typographical errors, outdated addresses or other
contact information, and similar errors. In this final rule, we are
correcting typographical errors, incorrect references to the Code of
Federal Regulations (CFR) and international standards citations,
inconsistent use of terminology, misstatements of certain regulatory
requirements, and inadvertent omissions of information. Because these
amendments do not impose new requirements, notice and public comment
are unnecessary. By making these amendments effective without the
customary 30-day delay following publication, the changes will appear
in the next published revision of title 49 of the CFR.
II. Section-by-Section Review
The following is a section-by-section summary of the minor
editorial corrections and clarifications made in this final rule.
Part 107
Section 107.402
This section prescribes the requirements for application for
designation as a certification agency. Paragraph (d) of this section
specifically describes the requirements to become a Fireworks
Certification Agency (FCA). These requirements were adopted in a final
rule entitled ``Hazardous Materials: Revision to Fireworks Regulations
(RRR)'' published on July 16, 2013 (Docket No. PHMSA-2010-0320 (HM-
257); 78 FR 42473, effective August 16, 2013). Paragraph (d)(1)(ii)
adopted in this rulemaking details the work experience an employee of a
FCA would need to possess, specifically ``experience in manufacturing
or testing of Division 1.4G consumer fireworks.'' It was not PHMSA's
intent to unnecessarily limit FCA employees to only those dealing with
low hazard fireworks as those employees with experience in
manufacturing or testing of higher hazard explosives and fireworks
would be qualified to conduct the work of an FCA. Therefore, in this
rulemaking PHMSA is amending 107.402(d)(1)(ii) by replacing the
specific language ``Division 1.4G consumer fireworks'' with the more
generic term ``fireworks or explosives.''
Section 107.801
This section describes the purpose and scope of subpart I of Part
107 regarding the approval of Independent Inspection Agencies, Cylinder
Requalifiers, and Non-domestic Chemical Analyses and Tests of DOT
Specification Cylinders. Paragraph (b) of this section contains the
typographical error ``Administratior.'' PHMSA is correcting this
spelling error to read ``Administrator.''
Section 107.803
This section provides instructions for the approval of an
Independent Inspection Agency (IIA). Paragraph (c) describes the
application information that each applicant must submit to become an
IIA. The reference in Sec. 107.803(c)(6) to subparagraph (c)(3) is
incorrect. Currently, Sec. 107.803(c)(6) references subparagraph
(c)(3) when referring to a certifying inspection agency. This reference
is incorrect as subparagraph (c)(3) refers to the applicant. PHMSA is
revising Sec. 107.803(c)(6) to correctly reference subparagraph
(c)(5), which clarifies that an identification number or qualification
number should be assigned to each inspector employed by the applicant.
Part 171
Section 171.23
This section describes requirements for specific materials and
packagings transported under the International Civil Aviation
Organization (ICAO) Technical Instructions, International Maritime
Dangerous Goods (IMDG) Code, Transport Canada Transportation of
Dangerous Goods (TDG) Regulations, or the International Atomic Energy
Agency (IAEA) Regulations. Subparagraph (a)(4) describes the filling of
cylinders for export or use on board a vessel. PHMSA amended this
subparagraph in a final rule published on September 13, 2011 (Docket
No. PHMSA-2011-0134 (HM-244D); 76 FR 177, effective October 13, 2011),
at which time Sec. 171.23(a)(4)(iii) was inadvertently omitted. The
change made to Sec. 171.23 in the publication of the final rule (HM-
244D) was solely to correct paragraph (a)(4)(ii), where the word
``density'' was misspelled as ``ensity.'' No other changes to this
section were intended. PHMSA is revising this section to reinsert the
requirement for the bill of lading or other shipping paper to include
the certification statement: ``This cylinder has (These cylinders have)
been qualified, as required, and filled in accordance with DOT
requirements for export.''
Part 172
Section 172.101
This section contains the Hazardous Materials Table (HMT) and
explanatory text for each of the columns in the table. Paragraph (c) of
this section describes column 2: hazardous materials descriptions and
proper shipping names. Subparagraph (c)(6) describes what may be used
when a proper shipping name includes a concentration or concentration
range. While the HMR permits the use of the percent sign (%) in other
sections of the regulations (for example, the organic peroxide table;
Sec. 173.225), it does not specifically state that it may be
substituted for the word ``percent'' in a proper shipping name listed
in the HMT. International standards permit the use of the percent sign
(%) in place of the word ``percent.'' Therefore, PHMSA is clarifying
Sec. 172.101(c)(6) to note that the percent sign (%) is permitted and
may be used in place of the word ``percent.''
The proper shipping name for the entry ``Helium, compressed, UN
1046'' is italicized in the Sec. 172.101 HMT. This is incorrect, as
italicized text indicates that the words are not part of a proper
shipping name but may be used in addition to the proper shipping name.
It was not PHMSA's intent to make words in this proper shipping name
optional. In this final rule, PHMSA is revising the entry ``Helium,
compressed, UN1046'' to read ``Helium, compressed, UN1046.''
The entry for ``Hydrogen iodide solution, see Hydriodic acid'' is
incorrect in the Sec. 172.101 HMT. The row showing information for
this material as a packing group III should not be shown in the Sec.
172.101 HMT. The intention of this entry is to make reference to the
entry ``Hydriodic acid, UN1787,'' and the inclusion of a row showing
information for packing group III could cause confusion that the
reference to Hydriodic Acid applies only for materials of that packing
group. Therefore, PHMSA is revising this entry to remove information
from additional rows under ``Hydrogen iodide solution, see Hydriodic
acid.''
The entry for ``Neon, compressed, UN1065'' is being revised to
realign the columns of the Sec. 172.101 HMT in the correct order.
Information currently in column 5 of the Sec. 172.101 HMT should be
moved one column to the right. Subsequently, information currently in
columns 6-10 should be moved two columns to the right.
The entry for ``Nitrocellulose, with not more than 12.6 percent, by
dry mass mixture with or without plasticizer, with or without pigment,
UN2557'' is incorrect in the Sec. 172.101 HMT. The
[[Page 60747]]
entry should include the word ``nitrogen,'' and read ``Nitrocellulose,
with not more than 12.6 percent nitrogen, by dry mass mixture with or
without plasticizer, with or without pigment.'' The word ``nitrogen''
was omitted inadvertently when PHMSA published a final rule on October
1, 2007 (Docket No. PHMSA-2007-29245 (HM-244); 72 FR 55678, effective
October 1, 2007), when the entry was intended to be changed for
consistency with the United Nations (UN) Model Regulations. The entry
in the UN Model Regulations for UN2557 includes the word ``nitrogen.''
PHMSA is revising this entry for consistency with the UN Model
Regulations.
Section 172.102
This section prescribes the special provisions assigned to Sec.
172.101 HMT entries. On January 19, 2011 PHMSA published, and made
effective a final rule, (Docket No. PHMSA-2009-0126 (HM-215K); 76 FR
12), which amended special provision 149. This special provision
authorizes an increased amount of certain Class 3 (flammable liquid)
materials in PG II that are transported as limited quantities or
consumer commodities. It was revised to indicate that the exception
provided may not be used for transportation by aircraft. However, the
previous regulatory text for special provision 149 was not removed from
the HMR resulting in two entries under special provision 149.
Therefore, PHMSA is amending Sec. 172.102(c)(1) to remove the second
entry for special provision 149.
In the same rulemaking (HM-215K), Sec. 172.102(c)(1) special
provision T9 was amended. Special provisions found in Sec.
172.102(c)(7) with a ``T'' code apply to Portable Tanks. This final
rule changed column 5 of special provision T9 to indicate use of the
portable tank as prohibited for liquids. The previous bottom opening
requirements remain in the table inadvertently. Therefore, PHMSA is
revising special provision T9 to remove the incorrect duplicative
entry, and consequently, the reference to Sec. 178.275 in column 5.
Additionally, PHMSA is revising the Table of Portable Tank T Codes to
reformat special provision T21 because as it appears currently, all
information in the table was inadvertently shifted one column to the
right.
Section 172.203
This section provides shippers with additional requirements for
hazardous materials descriptions on shipping papers. Paragraph (k) of
this section prescribes the requirements applicable to technical names.
On December 29, 2006, PHMSA published a final rule (Docket No. PHMSA-
06-25476 (HM-215I); 7 FR 78596, effective January 1, 2007), which
harmonized many regulations within the HMR in accordance with
international standards. Among these changes, was the order in which a
hazardous materials shipping description should be entered on a
shipping paper. Originally, the proper order was proper shipping name
followed by hazard class, UN identification number, and packing group.
Based on the changes made under Docket HM-215I, the new order of
hazardous materials shipping descriptions is: UN identification number,
followed by the proper shipping name, hazard class, and packing group.
This new sequence had a mandatory compliance date of January 1, 2013.
PHMSA is revising Sec. 172.203(k) introductory text and subparagraph
(k)(1) to reflect the proper sequence for a hazardous materials
description on a shipping paper in the examples given in this
paragraph.
Section 172.400
This section provides the general labeling requirements. Paragraph
(b) of this section contains a table for the appropriate label in
accordance with column 6 of the HMT. The entry for Class 3 is incorrect
in the first column and reads ``3 (flammable liquid) Combustible
Liquid'' and PHMSA is revising it to ``3 Flammable Liquid (Combustible
liquid)'' to accurately describe the general labeling requirements.
Section 172.512
The placarding requirements for freight containers and aircraft
unit load devices are described in Sec. 172.512. The reference in
Sec. 172.512(b)(1)(iii) to part 7; chapter 2, section 2.7 of the ICAO
Technical Instructions in this sub-subparagraph is inaccurate. This
reference became inaccurate when the 2013-2014 publication of the ICAO
Technical Instructions re-designated part 7; chapter 2; section 2.6 as
a new requirement for visibility of labels, moving all subsequent
sections up. Part 7; chapter 2, section 2.7 of the ICAO Technical
Instructions now refers to replacement of labels, whereas section 2.8
refers to identification of unit load devices containing dangerous
goods. PHMSA is revising this sub-subparagraph for the correct
reference to cite part 7; chapter 2, section 2.8.
Section 172.604
This section describes the requirements for providing an emergency
response telephone number. Paragraph (d) of this section gives
exceptions to this requirement and lists what materials are not
required to be accompanied by an emergency response telephone number.
The exception in subparagraph Sec. 172.604(d)(1) includes the word
``and'' at the end, suggesting that a material must be offered for
transportation as a limited quantity as well as have a proper shipping
name that is listed in subparagraph Sec. 172.604(d)(2). This is not
the intent of this regulation and PHMSA is revising subparagraph Sec.
172.604(d)(1) in an effort to eliminate any confusion by removing the
word ``and'' at the end, to indicate that these are two separate
exceptions to the requirement to provide an emergency response
telephone number. This correction would create consistency with
similarly structured sections of the HMR.
Part 173
Section 173.22
This section prescribes the shipper's responsibilities required for
the offering for transportation of a hazardous material in commerce. In
sub-subparagraph Sec. 173.22(a)(4)(ii), the requirements to retain
closure notifications for a bulk package or cylinder are described. In
the last sentence of this sub-subparagraph, the HMR reads that
subsequent offerors of a ``filed'' and otherwise properly prepared
unaltered package are not required to maintain manufacturer
notification (including closure instruction). PHMSA is revising this
sub-subparagraph to replace the word ``filed'' with ``filled.''
Section 173.62
This section provides packaging instructions for Class 1 explosive
materials. Paragraph (b) of this section contains the explosives table
which specifies the packaging instructions assigned to each explosive
UN number. PHMSA inadvertently omitted an entry for UN0501 in this
table. ``Propellant, solid, UN0501'' was added to the HMT when PHMSA's
predecessor agency, the Research and Special Programs Administration
(RSPA),published a final rule on June 21, 2001, (Docket No. RSPA-2000-
7702 (HM-215D); 66 FR 33316, effective October 1, 2001), in an effort
to harmonize the HMR with international standards. When ``Propellant,
solid, UN0501'' was added to the HMT, the corresponding entry in the
explosives table in Sec. 173.62(b) was not made. PHMSA is revising the
explosives table in Sec. 172.62(b) by adding the entry for UN0501 and
the reference to its corresponding packing instruction, 114(b). This
change captures our
[[Page 60748]]
original intent to align the requirements with those provided in the UN
Model Regulations.
Section 173.124
This section defines classification criteria for Class 4 hazardous
materials. Paragraph (a) defines a Division 4.1 (flammable solid)
material. The reference in Sec. 173.124(a)(2)(iv) identifies tests to
classify self-reactive materials. It currently references Figure 14.2
in the UN Manual of Tests and Criteria, however there is no such
figure. The appropriate table reference should be Figure 20.1 (a-b) in
the UN Manual of Tests and Criteria, which is a flow chart scheme for
self-reactive substances and organic peroxides. PHMSA is revising this
section to reflect the correct reference to the UN Manual of Tests and
Criteria.
Section 173.199
This section provides packaging requirements for Category B
infectious substances. Paragraph (d) provides requirements for
refrigerated or frozen specimens (ice, dry ice, and liquid nitrogen).
Subparagraph (d)(2) says ``The package is marked ``Carbon dioxide,
solid'' or ``Dry ice'' and an indication that the material being
refrigerated is used for diagnostic treatment purposes (e.g., frozen
medical specimens).'' The language in this paragraph was adopted when
PHMSA published a final rule on June 2, 2006 (Docket No. PHMSA-2004-
16895 (HM-226A); 71 FR 32243, effective October 1, 2006), revising the
requirements applicable to infectious substances. However to alleviate
confusion and provide consistency within the HMR, this requirement
should read ``diagnostic or treatment purposes'' as it does in Sec.
173.217(d), which provides the packaging requirements for carbon
dioxide, solid (dry ice). PHMSA is revising Sec. 173.199(d)(2) to
correct the inconsistency.
Section 173.220
This section prescribes requirements for the transportation of
internal combustion engines, self-propelled vehicles, mechanical
equipment containing internal combustion engines, battery-powered
equipment or machinery, and fuel cell-powered equipment or machinery.
Subparagraph Sec. 173.220(a)(1) provides details on determining
whether the engine contains a liquid or gaseous fuel. Under the second
sentence of this subparagraph, an engine may be considered as not
containing fuel when the engine components and fuel lines have been
``completed drained, sufficiently cleaned of residue . . .'' The word
``completed'' is intended to read ``completely.'' This same
typographical error appears in Sec. 173.220(a)(2). PHMSA is revising
these subparagraphs to replace the word ``completed'' with
``completely.''
Section 173.301
This section prescribes the general requirements for shipment of
compressed gases and other hazardous materials in cylinders, UN
pressure receptacles, and spherical pressure vessels. Paragraph (f) of
this section gives the requirements applicable to pressure relief
device systems. The reference in Sec. 173.301(f)(1) to subparagraph
(l)(2) is outdated. Formerly, Sec. 173.301(l)(2) described the filling
requirements of cylinders for export when not equipped with a pressure
relief device. On May 3, 2007, PHMSA published a final rule (Docket No.
PHMSA-2005-23141 (HM-215F); 72 FR 25162, effective October 1, 2007),
which moved these requirements to Sec. 171.23(a)(5). A correction of
the reference to Sec. 173.301(l)(2) was inadvertently omitted.
Therefore, PHMSA is revising Sec. 173.301(f)(1) to correctly reference
Sec. 171.23(a)(5) to provide the filling requirements of cylinders for
export when not equipped with a pressure relief device.
Paragraph (j) of this section provides requirements for non-
specification cylinders in domestic use. The first sentence of this
paragraph references Sec. 173.23(g). This reference is incorrect as
173.23(g) refers to previously authorized non-bulk packagings
manufactured and tested in accordance with subparts L and M of part
178. The reference should be to Sec. 171.23(a), which identifies the
requirements for the transportation of foreign cylinders within the
United States. Requirements applicable to the import and export of
foreign cylinders into the United States were consolidated into Sec.
171.23(a) when PHMSA published a final rule on May 3, 2007 (Docket No.
PHMSA-2005-23141 (HM-215F). PHMSA is revising Sec. 173.301(j) for the
proper reference.
Section 173.304
This section describes the requirements for filling of cylinders
with liquefied compressed gases. Paragraph (d) provides criteria for
the filling of refrigerant and dispersant gases. PHMSA is correcting
the title of paragraph (d) by italicizing ``Refrigerant and dispersant
gases'' to better identify the heading.
Section 173.476
This section specifies the requirements for approval of special
form Class 7 (radioactive) materials. Paragraph (d) of this section
notes that paragraphs (a) and (b) do not apply in those cases where
A1 equals A2 (i.e., when the maximum activity of
special form Class 7 (radioactive) material permitted in a Type A
package equals the maximum activity of a non-special form Class 7
(radioactive) material permitted in a Type A package) and the material
is not required to be described on the shipping papers as ``Radioactive
Material, Special Form, n.o.s.'' On January 26, 2004, RSPA published a
final rule (Docket No. RSPA-99-6283 (HM-230); 69 FR 3632, effective
October 13, 2011), in an effort to make the HMR compatible with the
International Atomic Energy Agency's (IAEA) Safety Standards Series. In
doing so, many entries in the HMT were revised or removed. The entry
for ``Radioactive Material, Special Form, n.o.s., UN2974'' was removed.
In this same final rule, the entries for ``Radioactive Material, Type A
Package, Special Form, UN3332'' and ``Radioactive Material, Type A
Package, Special Form, Fissile, UN3333'' were revised to remove the
``I'' from column 1 of the HMT to indicate they were no longer
designated for international transportation. At the time of this
change, the proper shipping name ``Radioactive Material, Special Form,
n.o.s.'' was not removed from Sec. 173.476(d). PHMSA is revising this
section to replace the proper shipping name ``Radioactive Material,
Special Form, n.o.s.'' with ``Radioactive Material, Type A Package,
Special Form'' or as ``Radioactive Material, Type A Package, Special
Form, Fissile.''
[[Page 60749]]
Part 178
Section 178.61
This section provides criteria for specification 4BW welded steel
cylinders with electric-arc welded longitudinal seam. Subparagraph
(b)(2) states that material for heads must meet the requirements of
paragraph (a) of this section or be open hearth, electric or basic
oxygen carbon steel of uniform quality. The reference to paragraph (a)
is incorrect, as paragraph (a) describes the type, size and service
pressure of specification 4BW cylinders and not the type of material
for the heads. The correct reference is to Sec. 178.61(b)(1), which
references the specifications for steel found in Table 1 to Appendix A
of part 178. PHMSA is revising Sec. 178.61(b)(2) to correctly
reference that the material for heads must meet the requirements of
(b)(1) of this section.
Section 178.345-3
This section prescribes requirements for the structural integrity
of specification cargo tanks. Paragraph (c)(1) addresses stress in the
cargo tank shell resulting from normal operating loadings. PHMSA is
correcting the formula in paragraph (c)(1) for the figure
``SS2'' to read ``SS\2\.''
Section 178.503
This section describes the requirements for the marking
requirements for non-bulk performance-oriented packagings. Paragraph
(a) of this section provides criteria for the marking of packagings to
represent that they are manufactured to a UN standard. There is an
inadvertent error in Sec. 178.503(a)(1) that states, ``Except as
provided in paragraph (e)(1)(ii) of this section, the United Nations
symbol as illustrated in paragraph (e)(1)(i) of this section (for
embossed metal receptacles, the letters ``UN'') may be applied in place
of the symbol;'' The parentheses should be extended in this
subparagraph. PHMSA is revising Sec. 178.503(a)(1) to read: ``(1)
Except as provided in paragraph (e)(1)(ii) of this section, the United
Nations symbol as illustrated in paragraph (e)(1)(i) of this section
(for embossed metal receptacles, the letters ``UN'' may be applied in
place of the symbol).''
Section 178.605
This section prescribes the requirements for hydrostatic pressure
test of non-bulk UN specification packagings. Paragraph (d) provides
the test method and pressure to be applied. Non-bulk packagings
intended to contain hazardous materials in Packing Group I must be
tested to a minimum test pressure of 250 kPa (36 psig) during the
hydrostatic pressure test. This statement appears in paragraph (d),
before the numbered subparagraphs listing the test methods, as well as
after. PHMSA is amending Sec. 178.605(d) to remove the duplicative
statement following the numbered subparagraphs of test methods.
III. Regulatory Analyses and Notices
A. Statutory Authority
This final rule is published under authority of 49 U.S.C. 5103(b),
which authorizes the Secretary of Transportation to prescribe
regulations for the safe transportation, including security, of
hazardous material in intrastate, interstate, and foreign commerce. The
purpose of this final rule is to remove inadvertent errors in the
hazardous materials table, grammatical and typographical errors, and,
in response to requests for clarification, improve the clarity of
certain provisions in the Hazardous Materials Regulations. The changes
made in this final rule are considered non-substantive and this is
published as a direct final rule.
B. Executive Orders 12866 and 13563 and DOT Regulatory Policies and
Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget. This rule is not
significant under the Regulatory Policies and Procedures of the
Department of Transportation (44 FR 11034). Additionally, E.O. 13563
supplements and reaffirms E.O. 12866, stressing that, to the extent
permitted by law, an agency rulemaking action must be based on benefits
that justify its costs, impose the least burden, consider cumulative
burdens, maximize benefits, use performance objectives, and assess
available alternatives. This final rule does not impose new or revised
requirements for hazardous materials shippers or carriers; therefore,
it is not necessary to prepare a regulatory impact analysis.
C. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 13132 (``Federalism''). This final rule
does not adopt any regulation that: (1) 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; or (2) imposes substantial direct
compliance costs on state and local governments. PHMSA is not aware of
any state, local, or Indian tribe requirements that would be preempted
by correcting editorial errors and making minor regulatory changes.
This final rule does not have sufficient federalism impacts to warrant
the preparation of a federalism assessment.
D. Executive Order 13175
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications, does not impose substantial direct
compliance costs on Indian tribal governments, and does not preempt
tribal law, the funding and consultation requirements of Executive
Order 13175 do not apply, and a tribal summary impact statement is not
required.
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
This final rule will not have a significant economic impact on a
substantial number of small entities. This rule makes minor editorial
changes that will not impose any new requirements on persons subject to
the HMR; thus, there are no direct or indirect adverse economic impacts
for small units of government, businesses, or other organizations.
[[Page 60750]]
F. Executive Order 13563 Improving Regulation and Regulatory Review
Executive Order 13563 supplements and reaffirms the principles,
structures, and definitions governing regulatory review that were
established in Executive Order 12866 Regulatory Planning and Review of
September 30, 1993. In addition, Executive Order 13563 specifically
requires agencies to: (1) Involve the public in the regulatory process;
(2) promote simplification and harmonization through interagency
coordination; (3) identify and consider regulatory approaches that
reduce burden and maintain flexibility; and (4) ensure the objectivity
of any scientific or technological information used to support
regulatory action; consider how to best promote retrospective analysis
to modify, streamline, expand, or repeal existing rules that are
outmoded, ineffective, insufficient, or excessively burdensome.
A complete review of the existing HMR led to the identification of
various minor errors in the HMR.
The correction of these errors will clarify current text while
maintaining the intent of the regulations affected. This final rule is
designed to address those errors by making non-substantive changes to
the HMR such as editorial changes, spelling corrections, removal of
transitional requirements that are no longer applicable and formatting
modifications. This final rule corrects these errors but does not
require the application of Executive Order 13563. The final rule does
however clarify the regulatory text thus improving the regulations.
G. Unfunded Mandates Reform Act of 1995
This rule does not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of $141.3
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.
H. Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
I. Environmental Impact Analysis
The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), and implementing regulations by the Council on
Environmental Quality (40 CFR part 1500) require Federal agencies to
consider the consequences of Federal actions and prepare a detailed
statement on actions that significantly affect the quality of the human
environment.
The purpose of this rulemaking is to correct editorial errors, make
minor regulatory changes and, in response to requests for
clarification, improve the clarity of certain provisions in the HMR.
The intended effect of this rule is to enhance the accuracy and reduce
misunderstandings of the regulations. The amendments contained in this
rule are non-substantive changes and do not impose new requirements.
Therefore, PHMSA has determined that the implementation of this final
rule will not have any significant impact on the quality of the human
environment.
J. 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.
K. Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, 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), which may be viewed at https://www.dot.gov/privacy.
List of Subjects
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Reporting and recordkeeping requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Labeling, 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 requirements, Uranium.
49 CFR Part 178
Hazardous materials transportation, Motor vehicle safety, Packaging
and containers, Reporting and recordkeeping requirements.
In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
0
1. The authority citation for part 107 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4
(28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L.
104-134 section 31001; Pub. L. 112-141 section 33006; 49 CFR 1.81
and 1.97.
0
2. In Sec. 107.402, paragraph (d)(1)(ii) is revised to read as
follows:
Sec. 107.402 Application for designation as a certification agency.
* * * * *
(d) * * *
(1) * * *
(ii) Employ personnel with work experience in manufacturing or
testing of fireworks or explosives; or a combination of work experience
in manufacturing or testing of fireworks or explosives and a degree in
the physical sciences or engineering from an accredited university;
* * * * *
Sec. 107.801 [Amended]
0
3. In Sec. 107.801, in the first sentence of paragraph (b), remove the
word ``Administratior'' and add the word ``Administrator'' in its
place.
0
4. In Sec. 107.803, paragraph (c)(6) is revised to read as follows:
Sec. 107.803 Approval of an independent inspection agency (IIA).
* * * * *
(c) * * *
(6) An identification or qualification number assigned to each
inspector who is supervised by a certifying inspector identified in
paragraph (c)(5) of this section.
* * * * *
[[Page 60751]]
PART 130--OIL TRANSPORTATION
0
5. The authority citation for part 130 is revised to read as follows:
Authority: 33 U.S.C 1321; 49 CFR 1.81 and 1.97.
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
6. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81 and 1.97;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
section 31001.
0
7. In Sec. 171.23, paragraph (a)(4)(iii) is added to read as follows:
Sec. 171.23 Requirements for specific materials and packagings
transported under the ICAO Technical Instructions, IMDG Code, Transport
Canada TDG Regulations, or the IAEA Regulations.
* * * * *
(a) * * *
(4) * * *
(iii) The bill of lading or other shipping paper identifies the
cylinder and includes the following certification: ``This cylinder has
(These cylinders have) been qualified, as required, and filled in
accordance with the DOT requirements for export.''
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
8. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.81 and 1.97.
0
9. In Sec. 172.101, revise paragraph (c)(6) to read as follows:
Sec. 172.101 Purpose and use of the hazardous materials table.
* * * * *
(c) * * *
(6) When a proper shipping name includes a concentration range as
part of the shipping description, the actual concentration, if it is
within the range stated, may be used in place of the concentration
range. For example, an aqueous solution of hydrogen peroxide containing
30 percent peroxide may be described as ``Hydrogen peroxide, aqueous
solution with not less than 20 percent but not more than 40 percent
hydrogen peroxide'' or ``Hydrogen peroxide, aqueous solution with 30
percent hydrogen peroxide.'' Also, the percent sign (%) may be used in
place of the word ``percent'' when words in italics containing the word
``percent'' are used in addition to the proper shipping name.
* * * * *
0
10. In Sec. 172.101, in the Hazardous Materials Table, the following
entries are revised to read as follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
[[Page 60752]]
Sec. 172.101--Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous (8) Packaging (Sec. 173.***) (9) Quantity limitations (see (10) Vessel stowage
materials Hazard Special --------------------------------------------------- Sec. Sec. 173.27 and175.75) -------------------------------
Symbols descriptions and class or Identification PG Label codes provisions ----------------------------------
proper shipping division Nos. (Sec. Exceptions Non-bulk Bulk Passenger Cargo aircraft Location Other
names 172.102) aircraft/rail only
(1) (2)............... (3) (4).............. (5)............ (6)............ (7)............ (8A)........... (8B)........... (8C)........... (9A)........... (9B)........... (10A)......... (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Helium, compressed 2.2 UN1046........... ............... 2.2............ ............... 306............ 302............ 302, 314....... 75 kg.......... 150 kg......... A............. 85
* * * * * * *
Hydrogen iodide
solution, see
Hydriodic acid.
* * * * * * *
Neon, compressed.. 2.2 UN1065........... ............... 2.2............ ............... 306, 307....... 302............ None........... 75 kg.......... 150 kg......... A.............
* * * * * * *
Nitrocellulose, 4.1 UN2557........... II............. 4.1............ 44............. 151............ 212............ 240............ 1 kg........... 15 kg.......... D............. 28, 36
with not more
than 12.6 percent
nitrogen, by dry
mass mixture with
or without
plasticizer, with
or without
pigment.
* * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 60753]]
* * * * *
0
11. Amend Sec. 172.102 as follows:
0
a. In paragraph (c)(1), remove the first entry for special provision
149.
0
b. In paragraph (c)(7)(ii), in the Table of Portable Tank T Codes T1-
T22, revise the entries for T9 and T22.
The revisions read as follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(7) * * *
(ii) * * *
Table of Portable Tank T Codes T1-T22
[Portable tank codes T1-T22 apply to liquid and solid hazardous materials of classes 3 through 9 which are
transported in portable tanks]
----------------------------------------------------------------------------------------------------------------
Minimum shell
thickness (in mm- Pressure-relief Bottom opening
Portable tank instruction Minimum test reference steel) requirements (see requirements (see
pressure (bar) (see Sec. Sec. 178.275(g)) Sec. 178.275(d))
178.274(d))
(1) (2) (3)................ (4)................ (5)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
T9.............................. 4 6 mm............... Normal............. Prohibited for
liquids.
* * * * * * *
T21............................. 10 10 mm.............. Normal............. Prohibited for
liquids. Sec.
178.275(d)(2).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
12. In Sec. 172.203, paragraphs (k) introductory text and (k)(1) are
revised to read as follows:
Sec. 172.203 Additional description requirements.
* * * * *
(k) Technical names for ``n.o.s.'' and other generic descriptions.
Unless otherwise excepted, if a material is described on a shipping
paper by one of the proper shipping names identified by the letter
``G'' in column (1) of the Sec. 172.101 Table, the technical name of
the hazardous material must be entered in parentheses in association
with the basic description. For example ``UN 1760, Corrosive liquid,
n.o.s., (Octanoyl chloride), 8, II'', or ``UN 1760, Corrosive liquid,
n.o.s., 8, II (contains Octanoyl chloride)''. The word ``contains'' may
be used in association with the technical name, if appropriate. For
organic peroxides which may qualify for more than one generic listing
depending on concentration, the technical name must include the actual
concentration being shipped or the concentration range for the
appropriate generic listing. For example, ``UN 3102, Organic peroxide
type B, solid, 5.2, (dibenzoyl peroxide, 52-100%)'' or ``UN 3108,
Organic peroxide type E, solid, 5.2, (dibenzoyl peroxide, paste,
<52%)''. Shipping descriptions for toxic materials that meet the
criteria of Division 6.1, PG I or II (as specified in Sec. 173.132(a)
of this subchapter) or Division 2.3 (as specified in Sec. 173.115(c)
of this subchapter) and are identified by the letter ``G'' in column
(1) of the Sec. 172.101 Table, must have the technical name of the
toxic constituent entered in parentheses in association with the basic
description. A material classed as Division 6.2 and assigned
identification number UN 2814 or UN 2900 that is suspected to contain
an unknown Category A infectious substance must have the words
``suspected Category A infectious substance'' entered in parentheses in
place of the technical name as part of the proper shipping description.
For additional technical name options, see the definition for
``Technical name'' in Sec. 171.8. A technical name should not be
marked on the outer package of a Division 6.2 material (see Sec.
172.301(b)).
(1) If a hazardous material is a mixture or solution of two or more
hazardous materials, the technical names of at least two components
most predominately contributing to the hazards of the mixture or
solution must be entered on the shipping paper as required by paragraph
(k) of this section. For example, ``UN 2924, Flammable liquid,
corrosive, n.o.s., 3, II (contains Methanol, Potassium hydroxide)''.
* * * * *
0
13. In Sec. 172.400, in the table in paragraph (b), the entry for
Hazard class or division ``3'' is revised to read as follows:
Sec. 172.400 General labeling requirements.
* * * * *
(b) * * *
------------------------------------------------------------------------
Label design or
Hazard class or division Label name section
reference
------------------------------------------------------------------------
* * * * * * *
3 Flammable Liquid FLAMMABLE LIQUID 172.419
(Combustible liquid). (none).
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
14. In Sec. 172.512, paragraph (b)(1)(iii) is revised to read as
follows:
Sec. 172.512 Freight containers and aircraft unit load devices.
* * * * *
(b) * * *
(iii) Is identified as containing a hazardous material in the
manner provided in part 7; chapter 2, section 2.8, of the ICAO
Technical Instructions (IBR, see Sec. 171.7 of this subchapter).
* * * * *
0
15. In Sec. 172.604, paragraph (d)(1) is revised to read as follows:
Sec. 172.604 Emergency response telephone number.
* * * * *
(d) * * *
[[Page 60754]]
(1) Hazardous materials that are offered for transportation under
the provisions applicable to limited quantities; or
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
16. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81 and 1.97.
0
17. In Sec. 173.22, in paragraph (a)(4)(ii) the last sentence is
revised to read as follows:
Sec. 173.22 Shipper's responsibility.
* * * * *
(a) * * *
(4) * * *
(ii) * * * Subsequent offerors of a filled and otherwise properly
prepared unaltered package are not required to maintain manufacturer
notification (including closure instructions).
* * * * *
0
18. In Sec. 173.62, the table in paragraph (b), the entry for UN0501
is added to read as follows:
Sec. 173.62 Specific packaging requirements for explosives.
* * * * *
(b) * * *
Explosives Table
------------------------------------------------------------------------
ID No. PI
------------------------------------------------------------------------
* * * * *
UN0501...................................................... 114(b)
* * * * *
------------------------------------------------------------------------
* * * * *
0
19. In Sec. 173.124, paragraph (a)(2)(iv) is revised to read as
follows:
Sec. 173.124 Class 4, Divisions 4.1, 4.2 and 4.3--Definitions.
(a) * * *
(2) * * *
(iv) Tests. The generic type for a self-reactive material must be
determined using the testing protocol from Figure 20.1 (a)-(b) (Flow
Chart Scheme for Self-Reactive Substances and Organic Peroxides) from
the UN Manual of Tests and Criteria (IBR, see Sec. 171.7 of this
subchapter).
* * * * *
0
20. In Sec. 173.199, paragraph (d)(2) is revised to read as follows:
Sec. 173.199 Category B infectious substances.
* * * * *
(d) * * *
(2) The package is marked ``Carbon dioxide, solid'' or ``Dry ice''
and an indication that the material being refrigerated is used for
diagnostic or treatment purposes (e.g., frozen medical specimens).
* * * * *
0
21. In Sec. 173.220, paragraphs (a)(1) and (2) are revised to read as
follows:
Sec. 173.220 Internal combustion engines, self-propelled vehicles,
mechanical equipment containing internal combustion engines, battery-
powered equipment or machinery, fuel cell-powered equipment or
machinery.
(a) * * *
(1) The engine contains a liquid or gaseous fuel. An engine may be
considered as not containing fuel when the engine components and any
fuel lines have been completely drained, sufficiently cleaned of
residue, and purged of vapors to remove any potential hazard and the
engine when held in any orientation will not release any liquid fuel;
(2) The fuel tank contains a liquid or gaseous fuel. A fuel tank
may be considered as not containing fuel when the fuel tank and the
fuel lines have been completely drained, sufficiently cleaned of
residue, and purged of vapors to remove any potential hazard;
* * * * *
0
22. In Sec. 173.301, paragraphs (f)(1) and (j) are revised to read as
follows:
Sec. 173.301 General requirements for shipment of compressed gases
and other hazardous materials in cylinders, UN pressure receptacles and
spherical pressure vessels.
* * * * *
(f) Pressure relief device systems. (1) Except as provided in
paragraphs (f)(5) and (6) of this section, and Sec. 171.23(a)(5) of
this subchapter, a cylinder filled with a gas and offered for
transportation must be equipped with one or more pressure relief
devices sized and selected as to type, location, and quantity, and
tested in accordance with CGA S-1.1 (compliance with paragraph 9.1.1.1
is not required) and CGA S-7. The pressure relief device must be
capable of preventing rupture of the normally filled cylinder when
subjected to a fire test conducted in accordance with CGA C-14 (IBR,
see Sec. 171.7 of this subchapter), or, in the case of an acetylene
cylinder, CGA C-12 (IBR, see Sec. 171.7 of this subchapter).
* * * * *
(j) Non-specification cylinders in domestic use. Except as provided
in Sec. Sec. 171.12(a) and 171.23(a) of this subchapter, a filled
cylinder manufactured to other than a DOT specification or a UN
standard in accordance with part 178 of this subchapter, or a DOT
exemption or special permit cylinder or a cylinder used as a fire
extinguisher in conformance with Sec. 173.309(a), may not be
transported to, from, or within the United States.
* * * * *
Sec. 173.304 [Amended]
0
23. In Sec. 173.304, the paragraph (d) subject heading is italicized.
0
24. In Sec. 173.476, paragraph (d) is revised to read as follows:
Sec. 173.476 Approval of special form Class 7 (radioactive)
materials.
* * * * *
(d) Paragraphs (a) and (b) of this section do not apply in those
cases where A1 equals A2 and the material is not
required to be described on the shipping papers as ``Radioactive
Material, Type A Package, Special Form'' or as ``Radioactive Material,
Type A Package, Special Form, Fissile.''
PART 174--CARRIAGE BY RAIL
0
25. The authority citation for part 174 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
PART 177--CARRIAGE BY HIGHWAY
0
26. The authority citation for part 177 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
PART 178--SPECIFICATIONS FOR PACKAGINGS
0
27. The authority citation for part 178 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
28. In Sec. 178.61, paragraph (b)(2) is revised to read as follows:
Sec. 178.61 Specification 4BW welded steel cylinders with electric-
arc welded longitudinal seam.
* * * * *
(b) * * *
(2) Material for heads must meet the requirements of paragraph
(b)(1) of this section or be open hearth, electric or basic oxygen
carbon steel of uniform quality. Content percent may not exceed the
following: Carbon 0.25, Manganese 0.60, Phosphorus 0.045, Sulfur 0.050.
Heads must be hemispherical or ellipsoidal in shape with a maximum
ratio of 2.1. If low carbon steel is used, the thickness of such heads
must be
[[Page 60755]]
determined by using a maximum wall stress of 24,000 p.s.i. in the
formula described in paragraph (f)(4) of this section.
* * * * *
0
29. In Sec. 178.345-3, paragraph (c)(1) introductory text is revised
to read as follows:
Sec. 178.345-3 Structural integrity.
* * * * *
(c) * * *
(1) Normal operating loadings. The following procedure addresses
stress in the cargo tank shell resulting from normal operating
loadings. The effective stress (the maximum principal stress at any
point) must be determined by the following formula:
S = 0.5(Sy + Sx) [0.25(Sy
- Sx)\2\ + SS\2\]0.5
Where:
* * * * *
0
30. In Sec. 178.503, paragraph (a)(1) is revised to read as follows:
Sec. 178.503 Marking of packagings.
(a) * * *
(1) Except as provided in paragraph (e)(1)(ii) of this section, the
United Nations symbol as illustrated in paragraph (e)(1)(i) of this
section (for embossed metal receptacles, the letters ``UN'' may be
applied in place of the symbol);
* * * * *
0
31. In Sec. 178.605, paragraph (d) is revised to read as follows:
Sec. 178.605 Hydrostatic pressure test.
* * * * *
(d) Test method and pressure to be applied. Metal packagings and
composite packagings other than plastic (e.g., glass, porcelain or
stoneware), including their closures, must be subjected to the test
pressure for 5 minutes. Plastic packagings and composite packagings
(plastic material), including their closures, must be subjected to the
test pressure for 30 minutes. This pressure is the one to be marked as
required in Sec. 178.503(a)(5). The receptacles must be supported in a
manner that does not invalidate the test. The test pressure must be
applied continuously and evenly, and it must be kept constant
throughout the test period. In addition, packagings intended to contain
hazardous materials of Packing Group I must be tested to a minimum test
pressure of 250 kPa (36 psig). The hydraulic pressure (gauge) applied,
taken at the top of the receptacle, and determined by any one of the
following methods must be:
(1) Not less than the total gauge pressure measured in the
packaging (i.e., the vapor pressure of the filling material and the
partial pressure of the air or other inert gas minus 100 kPa (15 psi))
at 55 [deg]C (131 [deg]F), multiplied by a safety factor of 1.5. This
total gauge pressure must be determined on the basis of a maximum
degree of filling in accordance with Sec. 173.24a(d) of this
subchapter and a filling temperature of 15 [deg]C (59 [deg]F);
(2) Not less than 1.75 times the vapor pressure at 50 [deg]C (122
[deg]F) of the material to be transported minus 100 kPa (15 psi), but
with a minimum test pressure of 100 kPa (15 psig); or
(3) Not less than 1.5 times the vapor pressure at 55 [deg]C (131
[deg]F) of the material to be transported minus 100 kPa (15 psi), but
with a minimum test pressure of 100 kPa (15 psig).
* * * * *
PART 179--SPECIFICATIONS FOR TANK CARS
0
32. The authority citation for part 179 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
33. The authority citation for part 180 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
Issued in Washington, DC, on September 25, 2013 under authority
delegated in 49 CFR part 1.97.
Cynthia L. Quarterman,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2013-23873 Filed 10-1-13; 8:45 am]
BILLING CODE 4910-60-P
