Hazardous Materials: Adoption of Certain Special Permits and Competent Authorities Into Regulations, 15033-15046 [2014-05630]

Agencies

• Pipeline and Hazardous Materials Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 79, Number 52 (Tuesday, March 18, 2014)]
[Rules and Regulations]
[Pages 15033-15046]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05630]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 171, 172, 173, 175 and 178

[Docket No. PHMSA-2011-0158 (HM-233C)]
RIN 2137-AE82


Hazardous Materials: Adoption of Certain Special Permits and 
Competent Authorities Into Regulations

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

ACTION: Final rule.

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SUMMARY: The Pipeline and Hazardous Materials Safety Administration is 
amending the Hazardous Materials Regulations (HMR) to adopt provisions 
contained in certain widely used or longstanding special permits and 
certain competent authority approvals (``approvals'') that have 
established safety records. Special permits allow a company or 
individual to package or ship a hazardous material in a manner that 
varies from the regulations provided an equivalent level of safety is 
maintained. An approval is a written consent (document) required under 
an international standard (i.e., International Maritime Dangerous Goods 
(IMDG) Code, International Civil Aviation Organization's Technical 
Instructions for the Safe Transport of Dangerous Goods by Air (ICAO 
TI)), or is specifically provided for in the HMR, and is issued by the 
Associate Administrator for Hazardous Materials Safety. These revisions 
are intended to provide wider access to the regulatory flexibility 
offered in special permits and approvals and eliminate the need for 
numerous renewal requests, reducing paperwork burdens and facilitating 
commerce while maintaining an appropriate level of safety.

DATES: This regulation is effective April 17, 2014. The incorporation 
by reference of certain publications listed in the rule is approved by 
the Director of the Federal Register as of April 17, 2014.

FOR FURTHER INFORMATION CONTACT: Steven Andrews, Office of Hazardous 
Materials Safety, Standards and Rulemaking Division, (202) 366-8553, 
or, Diane LaValle, Office of Hazardous Materials Safety, Approvals and 
Permits Division, (202) 366-4535, Pipeline and Hazardous Materials 
Safety Administration (PHMSA), 1200 New Jersey Avenue SE., Washington, 
DC 20590.

SUPPLEMENTARY INFORMATION: 
I. Executive Summary
II. Background
III. Overview of Amendments
IV. List of Commenters
V. Regulatory Analyses and Notices

I. Executive Summary

    PHMSA is amending the Hazardous Materials Regulations (HMR; 49 CFR 
parts 171-180) to adopt several long standing special permits and 
competent authority approvals into the HMR. The identified special 
permits and competent authority approvals have a long history of 
safety. Special permits allow a company or individual to package or 
ship a hazardous material in a manner that varies from the HMR provided 
an equivalent level of safety is maintained. A competent authority (CA) 
approval is a written consent (document) required under an 
international standard (i.e., International Maritime Dangerous Goods 
(IMDG) Code or International Civil Aviation Organization's Technical 
Instructions for the Safe Transport of Dangerous Goods by Air (ICAO 
TI)) and is issued by the Associate Administrator for Hazardous 
Materials Safety.
    In 2009, an audit of the Special Permits program by the Office of 
the Inspector General identified a need for an ongoing review of all 
open special permits with an outlook towards identifying those that 
should be made part of the HMR to reduce the overall economic burden to 
both affected industry and the government. Three rulemakings, HM-233A; 
PHMSA-2009-0289 (75 FR 27205), HM-245; PHMSA-2010-0017 (76 FR 5483), 
and HM-216B; PHMSA-2010-0018 (77 FR 37962) have successfully codified 
certain special permits into the HMR. These revisions provide wider 
access to the regulatory flexibility offered in special permits and 
eliminate the need for numerous renewal requests, thus reducing 
paperwork burdens and facilitating commerce while maintaining an 
appropriate level of safety.
    This Final Rule, HM-233C, continues this initiative by adopting 
several other long-standing special permits and competent authority 
approvals with proven safety records into the HMR. The special permits 
affected by the final rule represent variances from current regulations 
on topics categorized as follows:
     Limited quantities of liquids and solids containing ethyl 
alcohol.
     Transportation of solid coal tar pitch compounds.
     Transportation of certain ammonia solutions in UN1H1 and 
UN6HA1 drums.
     Transportation of spent bleaching earth.
     Requalification of non-DOT specification cylinders in 
life-saving appliances.
     Use of regulated medical waste containers displaying 
alternative markings.
     Adoption of special permits to harmonize with FAA 
Modernization and Reform Act of 2012.
    The economic impact of the final rule can thus be summarized as 
follows:
    NET COST: $0. Currently, industry must apply for a special permit 
in order to ship materials as described in this final rule. Adoption of 
these special permits into the HMR will reduce the burden on industry 
by no longer requiring industry to apply for a special permit to ship 
these materials. Therefore, this final rule does not impose any new 
costs to industry.
    NET BENEFITS: $9,900 per year. (Averaged over 10 years, at a 7% 
annual
    discount rate.)
    In addition to general positive economic impacts noted above, this 
final rule will eliminate the need for

[[Page 15034]]

numerous party-to applications and renewal requests. PHMSA estimates 
that the adoption of these special permits and competent authority 
approvals will result in 140 fewer responses per year.

II. Background

    PHMSA is amending the HMR to adopt certain requirements based on 
existing special permits (SPs) issued by PHMSA under 49 CFR Part 107, 
Subpart B (Sec. Sec.  107.101 to 107.127) and certain approvals issued 
under 49 CFR Part 107, Subpart D (Sec. Sec.  107.401 to 107.405). A 
special permit sets forth alternative requirements--or a variance--to 
the requirements in the HMR in a way that achieves a safety level at 
least equal to the safety level required under the regulations or that 
is consistent with the public interest. See 49 CFR 107.105(d). Congress 
expressly authorized DOT to issue these variances in the Hazardous 
Materials Transportation Act (US Code: 49 U.S.C. 5109-5127) as amended. 
An approval is a written consent (document) required under an 
international standard (i.e., IMDG Code, ICAO TI), or is authorized in 
a specific section of the HMR and is issued by the Associate 
Administrator for Hazardous Materials Safety.

Special Permits

    The HMR generally are performance-oriented regulations, which 
provide the regulated community with some flexibility in meeting safety 
requirements. Even so, not every transportation situation can be 
anticipated and built into the regulations. Innovation is the strength 
of our economy and the hazardous materials community is a leader in 
developing new materials and technologies and innovative ways of moving 
materials. Special permits enable the hazardous materials industry to 
quickly, effectively, and safely integrate new products and 
technologies into production and the transportation stream. Thus, 
special permits provide a mechanism for testing new technologies, 
promoting increased transportation efficiency and productivity, and 
ensuring global competitiveness. Hazardous materials transported under 
the terms of a special permit must achieve a level of safety at least 
equal to the level of safety achieved when transported under the HMR or 
that is consistent with the public interest. Implementation of new 
technologies and operational techniques may enhance safety. Special 
permits also reduce the volume and complexity of the HMR by addressing 
unique or infrequent transportation situations that would be difficult 
to accommodate in regulations intended for use by a wide range of 
shippers and carriers.
    PHMSA conducts ongoing reviews of special permits to identify 
widely used and longstanding special permits with established safety 
records for conversion into regulations of broader applicability. 
Converting these special permits into regulations reduces paperwork 
burdens and facilitates commerce while maintaining an acceptable level 
of safety. Additionally, adoption of special permits as rules of 
general applicability provides wider access to the benefits and 
regulatory flexibility of the provisions granted in the special 
permits. Factors that influence whether or not a specific special 
permit is a candidate for regulatory action include: the safety record 
for hazardous materials transported or operations conducted under a 
special permit; potential broad application of a special permit; 
suitability of provisions in the special permit for adoption into the 
HMR; rulemaking activity in related areas; and agency priorities. 
During PHMSA's analysis of the suitability for adoption of each special 
permit, PHMSA performed a search of incident reports from the previous 
10 years to determine whether there were any safety issues related to 
each special permit.
    The special permits addressed in this final rule have hundreds of 
party status holders. Party status is granted to a person who intends 
to offer for transportation or transport a hazardous material or 
perform an activity subject to the HMR in the same manner as the 
original applicant.
    These amendments to the HMR will eliminate the need for 
approximately 464 current holders to reapply for renewal of 20 special 
permits. Adoption of special permits into the HMR eliminates 
significant paperwork burdens. As a condition of a special permit 
issued by PHMSA and depending on the provisions of the special permit, 
a copy of each special permit must be: (1) maintained at each facility 
where an operation is conducted or a packaging is manufactured under a 
special permit; (2) maintained at each facility where a package is 
offered or re-offered for transportation under a special permit; and 
(3) in some cases, carried aboard each transport vehicle used to 
transport a hazardous material under a special permit.

Competent Authority Approvals

    The HMR also allows for PHMSA to grant approvals to companies or 
organizations for the manufacturing of packages in accordance with the 
HMR. PHMSA has identified approvals that have an established safety 
record to adopt into the HMR. The approvals PHMSA identified for 
conversion into the HMR have an established safety record and warrant 
adoption into regulations of broader applicability. Converting these 
approvals into regulations reduces paperwork burdens and facilitates 
commerce while maintaining an acceptable level of safety. A copy of 
each approval must be maintained at each facility where a packaging is 
manufactured under this approval. The adoption of component authority 
approvals eliminates the renewal and maintenance requirements that were 
previously required. Additionally, adoption of approvals as rules of 
general applicability provides wider access to the benefits and 
regulatory flexibility of the provisions granted in the approvals. 
Factors that influence whether a specific approval is a candidate for 
regulatory action include: the safety record, whether broadly 
applicable, related rulemakings, and agency priorities.

Part 171

Section 171.7
    Section 171.7 provides a listing of all standards incorporated by 
reference into the HMR. For this rulemaking, PHMSA is revising the 
entry for the Compressed Gas Association (CGA) Pamphlet C-6, Standards 
for Visual Inspection of Steel Compressed Gas Cylinders, 1993 to add a 
reference to Sec.  172.102, (Special Provisions). This standard has a 
well-established and documented safety history; its revision will 
maintain the high safety standard currently achieved under the HMR.

III. Overview of Amendments

    PHMSA would like to note that SP 13124 was accidently mentioned in 
this section in the NPRM. It was not PHMSA's intention to mention this 
special permit in this rulemaking. Special permit 13124 is no longer 
needed based on a final rule published in the Federal Register on 
October 1, 2003 [68 FR 44992] under docket number RSPA-2002-13658 (HM-
215E). The special permits and competent authorities mentioned in this 
rulemaking are available for viewing on PHMSA's Web site at https://phmsa.dot.gov/hazmat/permits-approvals. In this Final Rule, PHMSA is 
revising the HMR by adopting the following special permits and 
competent authority approvals:

Special Permits

     DOT-SP 9275--Authorization for the transportation in 
commerce of certain limited quantities of liquids and

[[Page 15035]]

solids containing ethyl alcohol and exempt these shipments from the 
provisions of the HMR. PHMSA is modifying this adoption to limit 
containers using this exception to 8 fluid ounces and eliminating the 
need for marking the words ``contains ethyl alcohol on the package.'' 
Packages shipping between 8 fluid ounces and 1 gallon under this 
section are required to place the words ``contains ethyl alcohol'' on 
the package.
     DOT-SP 11263--Authorization for the transportation of 
Class 9 solid coal pitch compounds in non-specification open-top or 
closed-top sift proof metal cans or fiber drums.
     DOT-SP 11836--Authorization for the transportation in 
commerce of UN1H1 and UN6HA1 drums containing ammonia solutions that do 
not meet certain requirements contained in Sec. Sec.  173.24 and 
173.24a.
     DOT-SP 12134--Authorization of exceptions for spent 
bleaching earth (Division 4.2 PG III)
     DOT-SP 12825--Authorization to transport Life-saving 
appliances, self-inflating, containing non-specification steel 
cylinders between a vessel and an authorized facility for servicing.
     DOT-SP 14479--Authorization for the use of alternative 
shipping names and marking requirements for regulated medical wastes.
     Special Permits for Harmonization with the ``FAA 
Modernization and Reform Act of 2012''--PHMSA is adding an exception to 
the HMR for Oxygen cylinders and other Oxidizing cylinders transported 
aboard aircraft within the state of Alaska. This language will make 
several existing special permits no longer necessary.
    This includes the following special permits: 14903, 14908, 15062, 
15075, 15076, 15077, 15078, 15079, 15092, 15094, 15095, and 15143.

Approvals

     CA2005120010--Authorization to manufacture, mark, and sell 
UN4G combination packagings with outer fiberboard boxes and with inner 
fiberboard components that have basis weights that vary by not more 
than plus or minus 5% from the measured basis weight in the initial 
design qualification test report.
     CA20060660005--Authorization to manufacture, mark, and 
sell UN5M1 and UN5M2 multi-wall paper bags with individual paper wall 
basis weights that vary by plus or minus 5% from the nominal basis 
weights reported in the initial design qualification test report.
     CA2006060006--Authorization to manufacture, mark, and sell 
UN4G combination packagings with outer fiberboard components that have 
individual containerboard basis weights that vary by plus or minus 5% 
from the nominal basis weight reported in the initial design.
     CA2006010012--Authorization to manufacture, mark, and sell 
UN4G combination packagings with outer fiberboard boxes and with inner 
fiberboard components that have individual containerboard basis weight 
that vary by plus or minus 5% from the nominal basis weight reported in 
the initial design qualification test report.

Revision to Approvals Renewals

     PHMSA is revising this section to allow for approval 
holders applying for a timely renewal to continue using their approval 
after the expiration date if they apply within 60 days of the 
expiration dates.

IV. List of Commenters

    In response to the NPRM, PHMSA received 36 comments. A majority of 
these commenters were in support of the Fibre Box Associations comments 
to increase the packaging variation of +/- 5% to +/- 10%. Other 
commenters mostly supported modifying the proposed adoption of SP 9275 
to not include the requirement to mark packages with ``contains ethyl 
alcohol.'' The commenters and the docket number were the comments are 
located are listed below:

------------------------------------------------------------------------
            Commenter                          Docket ID No.
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American Trucking Association      PHMSA-2011-0158-0019
 (ATA).
Association of Hazmat Shippers...  PHMSA-2011-0158-0031
Atlas Container..................  PHMSA-2011-0158-0037
Batavia Container, Inc...........  PHMSA-2011-0158-0012
Bates Container..................  PHMSA-2011-0158-0011
Bemis Company....................  PHMSA-2011-0158-0034
California Box...................  PHMSA-2011-0158-0025
Council on Safe Transportation of  PHMSA-2011-0158-0029
 Hazardous Articles, Inc.
Dangerous Goods Advisory Council.  PHMSA-2011-0158-0030
Exopack, LLC.....................  PHMSA-2011-0158-0009
Fibre Box Association............  PHMSA-2011-0158-0004
Georgia Pacific..................  PHMSA-2011-0158-0022
Great Northern Corporation.......  PHMSA-2011-0158-0006
Green Bay Packaging..............  PHMSA-2011-0158-0008
Greif, LLC.......................  PHMSA-2011-0158-0017
Healthcare Waste Institute.......  PHMSA-2011-0158-0028
Hood Packaging Corporation.......  PHMSA-2011-0158-0014
International Paper..............  PHMSA-2011-0158-0010
International Vessel Operators     PHMSA-2011-0158-0026
 Dangerous Goods Association Inc
 (IVODGA).
Langston Companies, Inc..........  PHMSA-2011-0158-0036
Lawrence Paper Company...........  PHMSA-2011-0158-0015
Lonnie Jaycox....................  PHMSA-2011-0158-0002
Mall City Containers.............  PHMSA-2011-0158-0021
National Association of Chemical   PHMSA-2011-0158-0032
 Distributors.
Niagara Sheets LLC...............  PHMSA-2011-0158-0027
Norampac.........................  PHMSA-2011-0158-0020
Packaging Corporation of America.  PHMSA-2011-0158-0024
Packaging Services...............  PHMSA-2011-0158-0005
Paper Shipping Sack                PHMSA-2011-0158-0018
 Manufacturers' Association
 (PSSMA).
Porto Packaging..................  PHMSA-2011-0158-0016
Pro-Pack Testing.................  PHMSA-2011-0158-0007
SMC Packaging Group..............  PHMSA-2011-0158-0023
Stericycle, Inc..................  PHMSA-2011-0158-0003
United Parcel Service (UPS)......  PHMSA-2011-0158-0033

[[Page 15036]]

 
Viking Industries, Inc...........  PHMSA-2011-0158-0013
Werthan Packaging Inc............  PHMSA-2011-0158-0035
------------------------------------------------------------------------

V. Summary Review of Amendments and Response to Comments

A. Consumer Products Containing Liquids and Solids Containing Ethyl 
Alcohol

    DOT-SP 9275 authorizes the transportation in commerce of certain 
beverages, foods, cosmetics, medicines, medical screening solutions and 
concentrates containing ethyl alcohol and exempts these shipments from 
the provisions of HMR. This special permit has been in effect since at 
least 1985 and had been utilized by hundreds of companies. However, on 
August 18, 2011 PHMSA found that SP 9275 did not provide a level of 
safety at least equivalent to the HMR due to the lack of hazard 
communications markings. This was discovered during PHMSA's review of 
all special permits as required by the DOT Office of the Inspector 
General (OIG) to ensure all special permits met an equivalent level of 
safety. PHMSA issued a revised version of SP 9275 to address the lack 
of hazard communication markings on August 18, 2011.
    In response to the NPRM, PHMSA received several comments on how to 
adopt this special permit. Several commenters opposed the requirement 
for the shipments under the proposed section to require the words 
``contains ethyl alcohol'' on the outside of the package. After careful 
consideration of these comments, PHMSA is adopting the special permit 
without requiring the words ``contains ethyl alcohol'' for shipments of 
ethyl alcohol in quantities not exceeding 8 fluid ounces in glass 
containers and not exceeding 16 fluid ounces in non-glass containers. 
For shipments of ethyl alcohol (not more than 70% concentration) in 
quantities greater than 8 fluid ounces in glass containers and greater 
than 16 ounces in non-glass containers, the words ``contains ethyl 
alcohol'' are required on the outside of the package. Shipments of 
ethyl alcohol in quantities of 8 ounces or less are not required to be 
marked with the words `contains ethyl alcohol'.'' (This would apply to 
both greater than and less than 70% concentration.)
    Therefore, PHMSA is adopting the terms of SP 9275 as revised on 
August 18, 2011 with modification. PHMSA is adopting this special 
permit to allow certain limited quantities of ethyl alcohol to be 
excepted from the applicable provisions of the HMR that require the 
packages to be marked with the words ``Contains Ethyl Alcohol.'' PHMSA 
is adding Sec.  173.150(g) to allow for the shipment of limited 
quantities of ethyl alcohol of not exceeding 8 fluid ounces in glass 
containers and not exceeding 16 fluid ounces for non-glass containers 
without the term ``contains ethyl alcohol'' marked on the outside of 
the package. Packages containing 8 fluid ounces to 1 gallon shipped 
under this section require the marking ``contains ethyl alcohol'' on 
the outside of the package.

B. Transportation of Solid Coal Tar Pitch Compounds.

    DOT-SP 11263 authorizes the transportation of solid coal tar pitch 
compounds, Class 9, in open-top and closed-top sift-proof metal cans or 
fiber drums. The special permit has been in effect since 1994 and has 
been utilized by 5 holders with an acceptable safety performance. In 
addition, PHMSA has no reported incidents over the past 10 years 
involving this special permit. The American Trucking Association (ATA) 
supports adoption of this special permit in response to the NPRM. PHMSA 
received no negative comments regarding this special permit in the 
NPRM.
    Therefore, PHMSA is adopting the terms of DOT-SP 11263 into the HMR 
by amending the entry in Sec.  172.101, The Hazardous Materials Table 
(HMT), for Environmentally hazardous substances, solids, n.o.s., UN 
3077, by adding a new Special Provision N91 in Column 7. In addition, 
in Sec.  172.102 new Special Provision N91 is added in appropriate 
sequence specifically authorizing the use of a non-DOT specification 
sift-proof, non-bulk, metal can with or without lid, or a non-DOT 
specification sift-proof, non-bulk fiber drum, with or without lid. The 
fiber drum is required to be fabricated with a three ply wall, as a 
minimum. The coal tar pitch compound must remain in a solid mass during 
transportation.

C. Transportation of Certain Ammonia Solutions in UN1H1 Drums, UN3H1 
Jerricans, and UN6HA1 Composite Packagings

    DOT-SP 11836 authorizes the transportation of specific ammonia 
solutions in specification UN1H1 drums, UN3H1 jerricans, and UN6HA1 
composite packagings that do not meet the provisions in Sec. Sec.  
173.24(g) and 173.24a(b)(2). Specific operational controls are required 
in lieu of compliance with these two requirements. This special permit 
has been in effect since 1997 and has been utilized by at least 61 
holders with an acceptable safety performance. In addition, PHMSA has 
no reported incidents over the past 10 years involving this special 
permit. American Trucking Association (ATA) supports adoption of this 
special permit in response to the NPRM. The National Association of 
Chemical Distributors supports adoption of this special permit into the 
HMR. PHMSA received no negative comments regarding this special permit 
in the NPRM.
    Therefore, PHMSA is adopting the terms of DOT-SP 11836 into the HMR 
by amending the entry in the HMT for ``Ammonia solutions, relative 
density between 0.880 and 0.957 at 15 degrees C in water, with more 
than 10 percent but not more than 35 percent ammonia, UN 2672'', by 
adding a new Special Provision 336 in Column 7. In addition, in Sec.  
172.102 new Special Provision 336 is added in appropriate sequence 
specifically authorizing the use of DOT UN1H1 drums, UN3H1 jerricans, 
and UN6HA1 composite packagings which meet the requirements of Part 178 
of the HMR at the Packing Group I or II performance level except that 
the packagings do not meet the venting requirements in Sec.  173.24(g) 
and the hydrostatic pressure test marking specified in Sec.  
173.24a(b)(4). Transportation of these packages also requires the door 
of each van trailer to be marked with ``Warning trailer may contain 
chemical vapor. Do not enter until vapors have dissipated.'' The driver 
of the transport vehicle and the consignee(s) must be trained not to 
enter the transport vehicle until the ammonia vapors have dissipated, 
and the emergency response information on the hazardous materials 
shipping paper must indicate that the vehicle may contain ammonia 
vapors.

D. Transportation of Spent Bleaching Earth

    DOT-SP 12134 authorizes the transportation of spent bleaching earth 
as a Division 4.2, solid, PG III, exempt from the provisions of the 
HMR, except as specifically required by the special permit. Packagings 
authorized under the

[[Page 15037]]

special permit are non-specification, sift-proof dump or hopper type 
vehicles, and sift-proof roll-on/roll-off bulk bins. All authorized 
packaging must be covered by a tarpaulin, metal cover, or equivalent 
means during transportation. The special permit also includes specific 
operational controls, including: the temperature of the spent bleaching 
earth may not exceed 55 [deg]C at the time it is offered for 
transportation and any time during transportation; drivers must be 
specifically trained in handling and responding to emergency incidents 
involving the spent bleaching earth; and transport vehicles must be 
marked in accordance with Sec.  172.302(a). This special permit has 
been in effect since 1999 and has been utilized by at least 27 holders 
with an acceptable safety performance. In addition, PHMSA has no 
reported incidents over the past 10 years involving this special 
permit. PHMSA received no comments regarding this special permit in the 
NPRM.
    Therefore, PHMSA is adopting the terms of DOT-SP 12134 into the HMR 
by amending the entry in the HMT for ``self-heating solid, organic, 
n.o.s. (spent bleaching earth), UN 3088'', by adding a new Special 
Provision, B116 in Column 7. In addition, in Sec.  172.102 new Special 
Provision B116 is added in appropriate sequence specifically 
authorizing the use of non-specification, sift-proof dump or hopper 
type motor vehicles, and sift-proof roll-on/roll-off bulk bins, which 
must be covered by a tarpaulin, metal cover, or equivalent means. The 
material also is subject to operational controls, including not 
exceeding a temperature of 55[deg]C (130 [deg]F) during transportation, 
not exceeding a transportation time of 24 hours, and drivers 
transporting spent bleaching earth must be trained in the properties 
and hazards of the spent bleaching earth and the actions required to 
mitigate the self-heating properties of the material that may occur 
during the transportation.

E. Requalification of non-DOT Specification Cylinders in Life-Saving 
Appliances

    DOT-SP 12825 authorizes the transport between a vessel and a U.S. 
Coast Guard approved inflatable life raft servicing facility of life-
saving appliances, self- inflating, containing non-DOT specification 
steel cylinders for the purpose of the servicing of such life-saving 
appliances. Specific operational controls are specified in the below 
listed Special Provision. This special permit has been in effect since 
2001 and has been utilized by at least 54 holders with acceptable 
safety performance. In addition, PHMSA has no reported incidents since 
2001 involving this special permit. PHMSA received a comment from the 
International Vessel Operators Dangerous Goods Association, Inc. 
(IVODGA) supporting adoption of SP 12825 into the HMR. PHMSA did not 
receive any negative comments in response to the NPRM.
    Therefore, PHMSA is adopting the terms of DOT-SP 12825 into the HMR 
by revising the entry in the HMT for Life-saving appliances, self-
inflating, UN 2990, by adding a new Special Provision 338 in Column 7. 
In addition, in Sec.  172.102, new Special Provision 338 is added in 
appropriate sequence requiring that Life-saving appliances, self-
inflating, UN 2990 being shipped between a vessel and a U.S. Coast 
Guard approved life raft servicing facility only be subject to the 
requirements of this special provision. A material meeting the 
requirements of this special provision is not otherwise be subject to 
the HMR.

F. Use of Regulated Medical Waste Containers Displaying Alternative 
Markings

    DOT-SP 14479 authorizes the continued use of regulated medical 
waste containers manufactured before October 1, 2006 and marked with an 
alternative shipping name for UN 3291, ``Regulated medical waste, 
n.o.s.'' It also allows for orientation arrows that deviate from the 
prescribed color specification in the HMR. This special permit has been 
in effect since 2007 and has been utilized by at least 22 holders. In 
addition, PHMSA has no reported incidents since 2007 involving this 
special permit. PHMSA received comments from the Healthcare Waste 
Institute and Stericycle Inc. supporting adoption of this special 
permit. PHMSA received no negative comments regarding adoption of this 
special permit.
    Therefore, PHMSA is adopting the terms of DOT-SP 14479 into the HMR 
by amending the entry in the HMT for Regulated Medical Waste, n.o.s., 
UN 3088, by adding a new Special Provision, 337 in Column 7. Special 
Provision 337 allows for the use of regulated waste containers marked 
with the alternative shipping name of Regulated medical waste, UN3291 
and black or white orientation arrows that deviate from the prescribed 
specifications in Sec.  172.312(a)(2).

G. Adoption of Oxygen Generator Special Permits to Harmonize With FAA 
Modernization and Reform Act of 2012

    Section 824 of the FAA Modernization and Reform Act of 2012 
includes a provision that allows for exceptions for cylinders of 
compressed oxygen or other oxidizing gases transported in the State of 
Alaska aboard aircraft. By adopting this statutory exception into the 
HMR, the following special permits will no longer be necessary: 14903, 
14908, 15062, 15075, 15076, 15077, 15078, 15079, 15092, 15094, 15095, 
and 15143. These special permits all provide exceptions for the 
transportation of Oxygen and other Division 2.2 Oxidizing gases for 
transportation aboard aircraft in the State of Alaska. PHMSA received 
no comments regarding this special permit in the NPRM. Therefore, PHSMA 
is adopting the terms of these special permits in Sec.  175.34.

H. Competent Authority CA2005120010 for Approval of Equivalent 
Packagings

    This approval authorizes the manufacturing, marking, and selling of 
UN4G combination packagings with outer fiberboard boxes and with inner 
fiberboard components that have basis weights that vary by not more 
than plus or minus 5% from the measured basis weight in the initial 
design qualification test report. This approval was issued in 2009 and 
has demonstrated an acceptable safety performance. PHMSA has no 
reported incidents involving this approval. PHMSA received several 
comments in support of comments made by the Fibre Box Association to 
increase the variation from plus or minus 5% to plus or minus 10%. 
However, PHMSA does not have the historical data to support an increase 
in this variation to plus or minus 10%. Therefore, PHMSA is adopting 
the terms of CA2005120010 as proposed into the HMR in Sec.  
178.516(b)(7).

I. Competent Authority CA2006060005 for Approval of Equivalent 
Packagings

    This approval authorizes the manufacture, mark, and sale of UN5M1 
and UN5M2 multi-wall paper bags with individual paper wall basis 
weights that vary by not more than plus or minus 5% from the nominal 
basis weights reported in the initial design qualification test report. 
This approval was issued in 2009 and has demonstrated an acceptable 
safety performance. PHMSA has no reported incidents involving this 
approval. PHMSA received several comments in support of comments made 
by the Fibre Box Association to increase the variation from plus or

[[Page 15038]]

minus 5% to plus or minus 10%. However, PHMSA does not have the 
historical data to support an increase in this variation to plus or 
minus 10%. Therefore, PHMSA is adopting the terms of CA2006060005 in 
Sec.  178.521(b)(4).

J. Competent Authority CA2006060006 for Approval of Equivalent 
Packagings

    This approval authorizes the manufacture, mark, and sale of UN4G 
combination packagings with outer fiberboard components that have 
individual containerboard basis weights that vary by not more than plus 
or minus 5% from the nominal basis weight reported in the initial 
design. This approval was issued in 2009 and has demonstrated an 
acceptable safety performance. PHMSA received several comments in 
support of comments made by the Fibre Box Association to increase the 
variation from plus or minus 5% to plus or minus 10%. However, PHMSA 
does not have the historical data to support an increase in this 
variation to plus or minus 10%. Therefore, PHMSA is adopting the terms 
of CA2006060006 in Sec.  178.516(b)(7).

K. Competent Authority CA2006010012 for Approval of Equivalent 
Packagings

    This competent authority authorizes the manufacture, mark, and sale 
of UN4G combination packagings with outer fiberboard boxes and with 
inner fiberboard components that have individual containerboard basis 
weight that vary by not more than plus or minus 5% from the nominal 
basis weight reported in the initial design qualification test report. 
This approval was issued in 2006 and has demonstrated an acceptable 
safety performance. PHMSA received several comments in support of 
comments made by the Fibre Box Association to increase the variation 
from plus or minus 5% to plus or minus 10%. However, PHMSA does not 
have the historical data to support an increase in this variation to 
plus or minus 10%. Therefore, PHMSA is adopting the terms of 
CA2006010012 in Sec.  178.516(b)(7).

L. Revision of Sec.  107.705(c) for Renewing Approvals

    PHMSA is revising this section to allow approval holders applying 
for a renewal to continue using their approval after the expiration 
date if they apply at least 60 days before the expiration date. PHMSA 
did not receive any comments on this proposal and, therefore, it will 
be adopted as proposed in the NPRM.

V. Rulemaking Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This Final Rule is published under the authority of 49 U.S.C. 
5103(b) which authorizes the Secretary to prescribe regulations for the 
safe transportation, including security, of hazardous material in 
intrastate, interstate, and foreign commerce. 49 U.S.C. 5117(a) 
authorizes the Secretary of Transportation to issue a special permit 
from a regulation prescribed in 5103(b), 5104, 5110, or 5112 of the 
Federal Hazardous Materials Transportation Law to a person 
transporting, or causing to be transported, hazardous material in a way 
that achieves a safety level at least equal to the safety level 
required under the law, or consistent with the public interest, if a 
required safety level does not exist. This final rule amends the 
regulations by adopting provisions from certain widely used and 
longstanding special permits that have established a history of safety 
and which may, therefore, be converted into the regulations for general 
use.

B. Executive Order 12866, 13563, 13610 and DOT Regulatory Policies and 
Procedures

    This final rule is considered a non-significant regulatory action 
under section 3(f) and was reviewed by the Office of Management and 
Budget (OMB). This final rule is considered a non-significant rule 
under the Regulatory Policies and Procedures order issued by the 
Department of Transportation [44 FR 11034]. Executive Order 13563 is 
supplemental to 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. By building off of each other, these two Executive Orders 12866 
and 13563 require agencies to regulate in the ``most cost-effective 
manner,'' to make a ``reasoned determination that the benefits of the 
intended regulation justify its costs,'' and to develop regulations 
that ``impose the least burden on society.''
    Executive Order 13610 (Identifying and Reducing Regulatory Burdens) 
reaffirmed the goals of Executive Order 13563 (Improving Regulation and 
Regulatory Review) issued January 18, 2011, and Executive Order 12866 
(Regulatory Planning and Review) issued September 30, 1993. Executive 
Order 13610 directs agencies to prioritize ``those initiatives that 
will produce significant quantifiable monetary savings or significant 
quantifiable reductions in paperwork burdens while protecting public 
health, welfare, safety, and our environment.'' Executive Order 13610 
further instructs agencies to give consideration to the cumulative 
effects of their regulations, including cumulative burdens, and 
prioritize reforms that will significantly reduce burdens.
    In this final rule, PHMSA is amending the HMR to adopt alternatives 
this agency has permitted under widely used and longstanding special 
permits and approvals with established safety records that we have 
determined meet the safety criteria for inclusion in the HMR. Adoption 
of these special permits and approvals into regulations of general 
applicability provides shippers and carriers with additional 
flexibility to comply with established safety requirements, thereby 
reducing transportation costs and increasing productivity. In addition, 
the final rule reduces the paperwork burden on industry and this agency 
resulting from putting an end to the need for renewal applications for 
special permits. Taken together, the provisions of this final rule 
promotes the continued safe transportation of hazardous materials while 
reducing transportation costs for the industry and administrative costs 
for the agency.
    The impact of this final rule is presumed to be minor as no new 
costs are imposed upon any stakeholders and those that currently hold 
special permits and CAs will find some relief from regulatory review 
for current practices. This final rule makes provisions that are 
currently approved in certain special permits available to all 
businesses operating in the U.S. without needing to submit party-to 
special permit applications to PHMSA, and current permit holders will 
no longer need renewals. Over the past decade, approximately 464 
companies have applied for and/or renewed the special permits included 
in this final rule. Many of these special permits have had positive 
economic impacts by allowing companies to be accepted from requirements 
in the HMR when shipping certain quantities/types of materials or by 
allowing the use of less expensive non-specification packages when 
certain provisions are met. It is difficult to quantify the savings 
these special permits have allowed, but it should be noted that these 
savings are extended to other firms that would make use of the 
provisions once adopted into regulations. PHMSA calculates that this 
rulemaking results in a paperwork reduction that, on average, saves 
each applicant $39.50. PHMSA estimates that over a 10-year period there 
will be an estimated benefit total

[[Page 15039]]

totaling $18,328 affecting approximately 140 entities. In accordance 
with the Federal hazardous materials law (49 U.S.C. 5101 et seq.), 
initial issuances of special permits are for two years and can be 
renewed for four years thereafter. Thus, over 10 years, a special 
permit would on average be renewed twice for a total benefit of between 
$43,000 and $47,000. These figures are discounted annually by 3 and 7 
percent to reflect the time value of money.
    This final rule adopts four approvals into the HMR. This allows 
manufacturers of affected hazardous materials packaging to continue 
manufacturing packages without the need to renew their approvals. 
Adoption of the four approvals results in a one-time total economic 
benefit of $158. The renewal cycle for approvals can vary based on the 
applicant needs and regulatory authority, but are typically renewed 
every five years. At both 3 and 7 percent annual discount, this yields 
over $270 in benefits. Total benefits represent a small but positive 
sum (between $46,000 and $52,000) over 10 years affecting approximately 
140 entities.

C. Executive Order 13132

    This final rule was analyzed in accordance with the principles and 
criteria contained in Executive Order 13132 (``Federalism''). This 
final rule preempts state, local and Indian tribe requirements but does 
not create any regulation that has substantial direct effects on the 
states, the relationship between the national government and the 
states, or the distribution of power and responsibilities among the 
various levels of governments. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply. Federal hazardous 
material transportation law, 49 U.S.C. 5101-5128, contains an express 
preemption provision (49 U.S.C. 5125(b)) preempting state, local and 
Indian tribe requirements on certain covered subjects. Covered subjects 
are:
    (1) The designation, description, and classification of hazardous 
materials;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous materials and requirements related to the number, 
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous materials; or
    (5) The designing, manufacturing, fabricating, inspecting, marking, 
maintaining, reconditioning, repairing, or testing a package, container 
or packaging component that is represented, marked, certified, or sold 
as qualified for use in transporting hazardous material in commerce.
    This final rule addresses covered subject items (2), (3), and (5) 
and would preempt any State, local, or Indian tribe requirements not 
meeting the ``substantively the same'' standard. Federal hazardous 
materials transportation law provides at 49 U.S.C. 5125(b)(2) that if 
PHMSA issues a regulation concerning any of the covered subjects, PHMSA 
must determine and publish in the Federal Register the effective date 
of Federal preemption. The effective date may not be earlier than the 
90th day following the date of issuance of the final rule and not later 
than two years after the date of issuance. The effective date of 
federal preemption will be 90 days from publication of this final rule 
in this matter in the Federal Register.

D. Executive Order 13175

    This final rule was analyzed in accordance with the principles and 
criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
does not have tribal implications and does not impose substantial 
direct compliance costs on Indian tribal governments, the funding and 
consultation requirements of Executive Order 13175 do not apply.

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities. 
An agency must conduct a regulatory flexibility analysis unless it 
determines and certifies that a rule is not expected to have a 
significant impact on a substantial number of small entities. This 
final rule adopts into the HMR certain widely used special permits. 
Adoption of these special permits into regulations of general 
applicability provides shippers and carriers with additional 
flexibility to comply with established safety requirements, thereby 
reducing transportation costs and increasing productivity. Entities 
affected by the final rule conceivably include all persons--shippers, 
carriers, and others--who offer and/or transport in commerce hazardous 
materials. The specific focus of the rule is on the adoption of special 
permits into the HMR. In a review of the companies using the identified 
special permits, PHMSA identified a combination of small and large 
businesses that are affected positively by this rulemaking. For 
example, the final rule accepts certain shipments from the specific 
documentation requirements of the HMR; these exceptions will increase 
shipping options and reduce shipment costs. Overall, this final rule 
reduces the compliance burden on the regulated industries, such as 
small businesses that dispose of medical waste, transporters of 
consumer products containing ethyl alcohol, and airlines transporting 
oxygen generators, without compromising transportation safety and 
should provide a slight positive economic benefit (i.e., reduced 
compliance burden) for those small entities. Therefore, we certify that 
this final rule will not have a significant economic impact on a 
substantial number of small entities. For example, special permit 9275 
will no longer require businesses to apply for a special permit in 
order to ship common retail items such as cosmetics that would normally 
be shipped as a class 3 material.
    This final rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure that potential impacts of 
draft rules on small entities are properly considered.

F. Paperwork Reduction Act

    PHMSA has an approved information collection under OMB Control 
Number 2137-0051, ``Rulemaking, Special Permits, and Preemption 
Requirements.'' This final rule results in a decrease in the annual 
burden and costs under this information collection due to the changes 
that adopts provisions contained in certain widely used or longstanding 
special permits that have an established safety record.
    Under the Paperwork Reduction Act of 1995, no person is required to 
respond to an information collection unless it has been approved by OMB 
and displays a valid OMB control number. Section 1320.8(d), title 5, 
Code of Federal Regulations requires that PHMSA provide interested 
members of the public and affected agencies an opportunity to comment 
on information and recordkeeping requests.
    This final rule identifies a revised information collection request 
that PHMSA will submit to OMB for approval based on the requirements in 
this final rule. PHMSA has developed burden estimates to reflect 
changes in this final rule. PHMSA estimates that

[[Page 15040]]

the information collection and recordkeeping burden of this final rule 
is as follows:

                        OMB Control No. 2137-0051
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Net Decrease in Annual Number of Respondents..................       434
Net Decrease in Annual Responses..............................       434
Net Decrease in Annual Burden Hours...........................       434
Net Decrease in Annual Burden Costs...........................   $17,143
------------------------------------------------------------------------

    PHMSA received no comments on the information collection and 
recordkeeping burdens associated with developing, implementing, and 
maintaining these requirements for approval in the NPRM.
    Requests for a copy of this information collection should be 
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous 
Materials Standards (PHH-11), Pipeline and Hazardous Materials Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, 
Telephone (202) 366-8553.
    Address written comments to the Dockets Unit as identified in the 
ADDRESSES section of this rulemaking. We must receive comments 
regarding information collection burdens prior to the close of the 
comment period identified in the DATES section of this rulemaking. In 
addition, you may submit comments specifically related to the 
information collection burden to the PHMSA Desk Officer, Office of 
Management and Budget, at fax number (202) 395-6974.

G. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN contained in the heading of 
this document may be used to cross-reference this action with the 
Unified Agenda.

H. Unfunded Mandates Reform Act of 1995

    This final 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 objective of the rule.

I. Environmental Assessment

    The National Environmental Policy Act, 42 U.S.C. 4321-4375, 
requires that federal agencies analyze proposed actions to determine 
whether the action will have a significant impact on the human 
environment. The Council on Environmental Quality (CEQ) regulations 
requires federal agencies to conduct an environmental review 
considering (1) the need for the proposed action (2) alternatives to 
the proposed action (3) probable environmental impacts of the proposed 
action and alternatives and (4) the agencies and persons consulted 
during the consideration process. 40 CFR 1508.9(b).
The Need for This Action
    The purpose and need of this rulemaking is to adopt certain 
approvals related to air transportation in Alaska and widely used 
special permits or those with an established safety record into the HMR 
for universal use. PHMSA is working to reduce the number of special 
permits to reduce administrative burden to both the government and 
private industry while affording the benefits of certain special 
permits that have been vetted for safety to a wider audience.
    This rule follows an FAA statutory provision that requires PHMSA to 
adopt certain special permits into the HMR. Section 824 of the FAA 
Modernization and Reform Act of 2012 includes a provision that allows 
for exceptions for cylinders of compressed oxygen or other oxidizing 
gases transported in the State of Alaska aboard aircraft. These special 
permits all provided exceptions for the transportation of Oxygen and 
other Division 2.2 Oxidizing gases for transportation aboard aircraft 
in the state of Alaska.
    The need for hazardous materials to support essential services and 
industry means transportation of highly hazardous materials is 
necessary. PHMSA conducted a periodic review of Special Permits that 
have a long history of safety. After this review PHMSA determined that 
certain special permits were candidates for adoption into the HMR.
    Special Permit 9275 authorizes the transportation in commerce of 
certain consumer products of liquids and solids containing ethyl 
alcohol and exempts these shipments from the provisions of HMR. This 
Special Permit is used frequently by the cosmetics industry to move 
very small quantities of ethyl alcohol contained in consumer products. 
After reviewing the history of this Special Permit, PHMSA found an 
adequate safety record for adoption into the HMR.
    Special Permit 11263 authorizes the transportation of solid coal 
tar pitch compounds, Class 9, in open-top and closed-top sift-proof 
metal cans or fiber drums. Coal tar pitch is a black or dark-brown 
amorphous residue produced by the distillation or heat treatment of 
coal tar. It is a solid at room temperature and exhibits a broad 
softening range instead of a defined melting temperature. Among other 
uses, coal tar pitch is used as a base for coatings and paint, in 
roofing and paving, and as a binder in asphalt products. This Special 
Permit authorizes the use of a specification package with a proven 
safety record in order to mitigate a potential release of coal tar 
pitch compounds. During a review of long standing Special Permits, 
PHMSA found that this Special Permit had an adequate safety record and 
provided an equivalent level of safety to the HMR.
    Special Permit 11836 authorizes the transportation of specific 
ammonia solutions in specification UN1H1 drums, UN3H1 jerricans, and 
UN6HA1 composite packagings. Ammonia solutions are a clear colorless 
liquid consisting of ammonia dissolved in water which is corrosive to 
tissue and metals. This Special Permit is utilizes the use of 
specification packages with a proven safety record in order to mitigate 
a potential release of ammonia solutions. During a review of long 
standing Special Permits, PHMSA found that this Special Permit had an 
adequate safety record and provided an equivalent level of safety to 
the HMR.
    Special Permit 12134 authorizes the transportation of spent 
bleaching earth as a Division 4.2, solid, PG III, exempt from the 
provisions of the HMR. Spent bleaching earth, is a solid waste from the 
edible oil industry can be converted to a clay-carbon adsorbent for 
potential reuse in the adsorptive cleansing of vegetable oils. This 
Special Permit utilizes the use of a specification package with a 
proven safety record that will mitigate a potential release of spent 
bleach earth material. During a review of long standing Special 
Permits, PHMSA found that this Special Permit had an adequate safety 
record and provided an equivalent level of safety to the HMR.
    Special Permit 12825 authorizes the transportation of life-saving 
appliances, self-inflating, that contain non-DOT specification steel 
cylinders for the purpose of movement between a vessel and a U.S. Coast 
Guard approved inflatable life raft servicing facility in conjunction 
with the servicing of such life-saving appliances. Adoption of this

[[Page 15041]]

Special Permit is needed to ensure that these life-saving appliances 
are serviced without delay. During a review of long standing Special 
Permits, PHMSA found that this Special Permit had an adequate safety 
record and provided an equivalent level of safety to the HMR.
    Special Permit 14479 authorizes the continued use of regulated 
medical waste containers manufactured before October 1, 2006 and marked 
with an alternative shipping name for UN 3291 and orientation arrows. 
The packages are used in the medical waste industry to ship low hazard 
medical waste to disposal facilities. Adoption of this Special Permit 
allows the medical waste industry to continue using packages authorizes 
safely transport medical waste in these pacakging. During a review of 
long standing Special Permits, PHMSA found that this Special Permit had 
an adequate safety record and provided an equivalent level of safety to 
the HMR.
Alternatives to the Proposed Action
    Information about benefits of this final rulemaking action can be 
found in the preamble (i.e., ``Overview of Proposed Amendments) to this 
rulemaking. The alternatives considered in the analysis include (1) the 
proposed action, that is, adoption of the proposed special permits as 
amendments to the HMR; (2) adoption of some subset of the proposed 
special permits (i.e., only some of the proposed special permits) as 
amendments to the HMR; and (3) the ``no action'' alternative, meaning 
that none of the proposed special permits would be adopted into the 
HMR.
Analysis of the Alternatives
(1.) Adopt All Special Permits and Competent Authority Approvals
    The selected alternative amends certain HMR requirements including 
methods for packaging, describing, and transporting hazardous materials 
that are currently permitted under widely used special permits with 
established safety records for inclusion in the HMR. This final rule 
allows the transportation of the following hazardous materials and 
packages in accordance with the following former special permits in 
ways that vary from certain other provisions in the HMR:
Special Permit 14479
    The adoption of this Special Permit will allow for ``UN 3291, 
Regulated medical waste, n.o.s.,'' to be shipped using alternative 
shipping names and marking requirements for regulated medical wastes. 
Use of this alternative shipping name and marking requirements is not 
expected to have any negative effects on safety or the environment.
Special Permit 12825
    The adoption of this Special Permit allows for the shipment of non-
flammable compressed gases in non-DOT specification steel cylinders for 
use in life-saving appliances. Allowing the uses of non-DOT 
specification cylinders in life saving appliances is not expected to 
have any effects on safety or the environment.
Special Permit 9275
    The adoption of this Special Permit allows consumer products of 
liquids and solids containing ethyl alcohol to be exempted from the 
HMR. These low hazard, low quantity packages containing ethyl alcohol 
are not expected to have any negative effect on safety or the 
environment.
Special Permit 11263
    The adoption of this Special Permit allows ``UN3077, coal tar pitch 
compounds'' to be shipped in non-specification open-top or closed-top 
sift proof metal cans or fiber drums. The use of this alternative 
package for the shipment of coal tar pitch compounds is not expected to 
have any negative effect on safety or the environment.
Special Permit 12134
    The adoption of this Special Permit allows ``UN 3088, spent 
bleaching earth'' to be exempt from the requirements of the HMR when 
shipped in non-specification, sift-proof dump or hopper type vehicles. 
Exempting these materials from the HMR when shipped in these 
alternative packages is not expected to have any negative effect on 
safety or the environment.
Special Permit 11836
    The adoption of this Special Permit allows ``UN 2672, ammonia 
solutions'' to be shipped in UN1HI drums, UN3H1 jerricans, and UN6HA1 
composite packages that do not meet provision in Sec. Sec.  173.24 and 
173.24a. Allowing shipments of these materials in these packages is not 
expected to have any negative effects on safety or the environment.
Summary
    These hazardous materials are capable of affecting human health and 
the environment if a release were to occur. However, adoption of these 
special permits maintains an equivalent level of safety as provided in 
the special permits.
(2.) Adoption of a Subset of Special Permits
    PHMSA considered a wide array of special permits for adoption. It 
also considered adopting a smaller subset of special permits.'' 
However, the full benefits would not be realized as some permits would 
not be adopted.
(3.) No Action
    If no action is taken then Special Permits will continue to be 
issued resulting in no change to the current potential affects to the 
environment.
Probable Environmental Impacts of the Proposed Action and Alternatives
    This final rule allows the transportation of the following 
hazardous materials and packages in ways that vary from certain other 
provisions in the HMR:
     ``UN 3291, Regulated medical waste, n.o.s.,''--PHMSA 
considered whether alternative markings would be sufficient in 
providing adequate hazardous communication. The package described in 
this special permit does not differ from packages currently allowed 
under the HMR with the exception of the allowed markings and thus will 
not impose any addition risk to the environment. Medical waste 
transportation is regulated to avoid risk of injury, infection, and 
contamination. In addition, as described above, PHMSA has no report of 
incidents under this special permit and thus expects there will be no 
impact to the environment.
     Non-flammable gasses shipped in non-DOT specification 
steel cylinders for use in life-saving appliances--PHMSA considered 
whether the limited use of non-DOT specification cylinders between U.S. 
Coast Guard ships and servicing facilities would pose a risk to the 
environment. The cylinders used in this special permit contain inert 
gases which if released would pose little to no risk to the 
environment. The regulation of compressed gas cylinders requires 
testing to ensure integrity and functionality of the cylinder. Cylinder 
rupture or failure can cause serious injury or death. In addition, as 
described above, PHMSA has no reports of incidents under this special 
permit and thus expects there will be no impact to the environment.
     Beverages, food, cosmetics and medicines, medical 
screening solutions, and concentrates classed as a flammable liquid or 
flammable solid containing ethyl alcohol--PHMSA considered whether the 
shipment of these low hazard consumer products containing ethyl alcohol 
would pose a risk to the environment. These packages contain

[[Page 15042]]

ethyl alcohol which is a flammable liquid. A release from one of these 
containers would pose little risk to safety or the environment due to 
the very limited quantity in each container. In addition, as described 
above, PHMSA has no reports of incidents under this special permit and 
thus expect there will be no impact to the environment.
     ``UN3077, coal tar pitch compounds''--PHMSA considered 
whether the shipment of coal tar pitch compounds in open-top and 
closed-top sift-proof metal cans or fiber drums would pose a risk to 
the environment. Coal tar pitch is a black or dark-brown amorphous 
residue produced by the distillation or heat treatment of coal tar. 
Coal tar pitch compounds contain various chemical vapors that become 
airborne during the heating of coal tar pitch. Coal tar pitch is a 
flammable liquid and a known carcinogen. An accidental release of 
``coal tar pitch compounds'' could result in contamination of 
surrounding environmental medium (air, water, soil). However, as 
described above, PHMSA has no reports of incidents under this special 
permit and thus expects there will be no impact to the environment.
     ``UN 3088, spent bleaching earth''--PHMSA considered 
whether the shipment of spent bleaching earth in non-specification, 
sift-proof dump or hopper type vehicles would pose a risk to the 
environment. These packages contain ``spent bleaching earth'' which is 
a solid waste from the edible oil industry. Spent bleaching earth can 
be flammable, as it contains oil residue. An accidental release of 
``spent bleaching earth'' could result in possible contamination of 
surrounding environmental medium (air, water, soil). However as 
described above, PHMSA has no reports of incidents under this special 
permit and thus expects there will be no impact to the environment.
     ``UN 2672, ammonia solutions''--PHMSA considered whether 
the shipment of ammonia solutions in UN1H1 and UN6HA1 drums would pose 
a risk to the environment. Ammonia can cause irritation and damage to 
mucous membranes and lungs, depending on concentration. An accidental 
release of Ammonia solutions could result in possible contamination of 
surrounding environmental mediums (air, water, soil). However, as 
described above, PHMSA has no reports of incidents under this special 
permit and thus expects there will be no impact to the environment.
    Hazardous materials shipments frequently move through densely 
populated or environmentally sensitive areas where the consequences of 
an incident could be loss of life, serious injury, or significant 
environmental damage. Because of the vastness of transportation 
networks, nearly any community or ecosystem could be affected by a 
hazardous materials release during transportation. Therefore, impacts 
from a release could affect include atmospheric, aquatic, terrestrial, 
and vegetal resources (for example, wildlife habitats). The adverse 
environmental impacts associated with releases of most hazardous 
materials are short-term impacts that can be greatly reduced or 
eliminated through prompt clean-up of the incident scene.
    In all modes of transport, the potential for environmental damage 
or contamination exists when packages of hazardous materials are 
involved in transportation incidents. The process through which safety 
permits are issued requires the applicant to demonstrate that the 
alternative transportation method or packaging proposed provides an 
equivalent level of safety as that provided in the HMR. Implicit in 
this process is that the special permit must provide an equivalent 
level of environmental protection as that provided in the HMR. Thus, 
adoption of the special permits as regulations of general applicability 
maintain the existing environmental protections built into the HMR. The 
special permits and approvals adopted into the HMR have consistently 
demonstrated a long history of safe use. In its review of these special 
permits and approval, PHMSA did not identify any incidents that had a 
significant effect on the environment. These special permits have a 
long history of transporting the above mentioned hazardous materials 
safely and without any effects on the environment. Therefore, we find 
that adoption of the above described special permits into the HMR will 
not have any significant positive or negative impact on the 
environment.
Agencies and Persons Consulted During the Consideration Process
    This final rule would affect some PHMSA stakeholders, including 
hazardous materials shippers and carriers by air, highway, rail and 
vessel. PHMSA sought comment on the environmental assessment contained 
in the October 22, 2012, NPRM published under Docket PHMSA-2011-0158 
[77 FR 64450] (HM-233C) however, PHMSA did not receive any comments on 
the environmental assessment contained in that rulemaking. In addition, 
PHMSA sought comment from the following modal partners:
     Federal Aviation Administration
     Environmental Protection Agency
     Federal Motor Carrier Safety Administration
     United States Coast Guard
Conclusion
    PHMSA is making numerous amendments to the HMR through the adoption 
of special permits and approvals. The amendments adopted in this final 
rule are intended to update, clarify, or provide relief from certain 
existing regulatory requirements to promote safer transportation 
practices; eliminate unnecessary regulatory requirements; finalize 
outstanding petitions for rulemaking; facilitate international 
commerce; and, in general, make the requirements easier to understand 
and follow.
    Given that this rulemaking amends the HMR to adopt provisions 
contained in certain widely-used or longstanding special permits that 
have an established safety record, these changes in regulation should 
in fact increase safety and environmental protections. Furthermore, 
while the net environmental impact of this rule will be positive, we 
believe there will be no significant environmental impacts associated 
with this final rule.

J. 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), or at www.dot.gov/provacy.

K. Executive Order 13609 and International Trade Analysis

    Under E.O. 13609, agencies must consider whether the impacts 
associated with significant variations between domestic and 
international regulatory approaches are unnecessary or may impair the 
ability of American business to export and compete internationally. In 
meeting shared challenges involving health, safety, labor, security, 
environmental, and other issues, international regulatory cooperation 
can identify approaches that are at least as protective as those that 
are or would be adopted in the absence of such cooperation. 
International regulatory cooperation can also reduce, eliminate, or 
prevent unnecessary differences in regulatory requirements.
    Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as 
amended by the Uruguay Round Agreements Act (Pub. L. 103-465), 
prohibits Federal

[[Page 15043]]

agencies from establishing any standards or engaging in related 
activities that create unnecessary obstacles to the foreign commerce of 
the United States. For purposes of these requirements, Federal agencies 
may participate in the establishment of international standards, so 
long as the standards have a legitimate domestic objective, such as 
providing for safety, and do not operate to exclude imports that meet 
this objective. The statute also requires consideration of 
international standards and, where appropriate, that they be the basis 
for U.S. standards.
    PHMSA participates in the establishment of international standards 
in order to protect the safety of the American public, and we have 
assessed the effects of the final rule to ensure that it does not cause 
unnecessary obstacles to foreign trade. Accordingly, this rulemaking is 
consistent with E.O. 13609 and PHMSA's obligations.

List of Subjects

49 CFR Part 107

    Administrative practice and procedure, Hazardous materials 
transportation, Penalties, Reporting and record keeping requirements.

49 CFR Part 171

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

49 CFR Part 172

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

49 CFR Part 173

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

49 CFR Part 175

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

49 CFR Part 178

    Hazardous materials transportation, Motor vehicle safety, Packaging 
and containers, Reporting and recordkeeping requirements.
    In consideration of the foregoing, we are amending 49 CFR Chapter I 
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; 49 CFR 1.45, 1.53.


0
2. In Sec.  107.705, revise paragraph (c) to read as follows:


Sec.  107.705  Registrations, reports, and applications for approval.

* * * * *
    (c) For an approval with an expiration date, each application for 
renewal or modification must be filed in the same manner as an original 
application. If, at least 60 days before an existing approval expires 
the holder files an application for renewal that is complete and 
conforms to the requirements of this section, the approval will not 
expire until final administrative action on the application for renewal 
has been taken. Operation under an expired approval not filed within 60 
days of the expiration date is prohibited. This paragraph does not 
limit the authority of the Associate Administrator to modify, suspend 
or terminate an approval under Sec.  107.713.
* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
3. The authority citation for part 171 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53; 
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134 
section 31001.


0
4. In Sec.  171.7, revise paragraph (n)(3) to read as follows:


Sec.  171.7  Reference material.

* * * * *
    (n) * * *
    (3) CGA Pamphlet C-6, Standards for Visual Inspection of Steel 
Compressed Gas Cylinders, 1993, into Sec.  172.102, Sec.  173.3, 
173.198, 180.205, 180.209, 180.211, 180.411, 180.519.
* * * * *

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

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

    Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.53.


0
6. In Sec.  172.101, revise following entries in the Hazardous 
Materials Table to read as follows:


Sec.  172.101  Purpose and use of hazardous materials table.

[[Page 15044]]



----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                       Hazardous                                                                                                  (8)  Packaging (Sec.   173.***)         (9)  Quantity limitations (see       (10)  Vessel stowage
                       materials        Hazard                                                                Special    ------------------------------------------------     Sec.  Sec.   173.27 and    -------------------------------
     Symbols       descriptions and    class or     Identification          PG            Label Codes       Provisions                                                   -------------175.75)------------
                    proper shipping    division        Numbers                                                 (Sec.        Exceptions       Non-bulk          Bulk          Passenger      Cargo air-       Location          Other
                         names                                                                               172.102)                                                      aircraft/rail    craft only
(1)               (2)...............         (3)  (4)..............  (5)............  (6)...............  (7)...........  (8A)..........  (8B)..........  (8C)..........  (9A)..........  (9B)..........  (10A).........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                  [Revise]
                  Ammonia solutions,           8  UN2672...........  III............  8.................  336, IB3, IP8,  154...........  203...........  241...........  5L............  60L...........  A.............  40, 52, 85
                   relative density                                                                        T7, TP1.
                   between 0.880 and
                   0.957 at 15
                   degrees C in
                   water, with more
                   than 10 percent
                   but not more than
                   35 percent
                   ammonia.
 
                                                                                                              * * * * * * *
                  Environmentally              9  UN3077...........  III............  9.................  8,146, 335,     155...........  213...........  240...........  No Limit......  No Limit......  A.............
                   hazardous                                                                               A112, B54,
                   substances,                                                                             B120, IB8,
                   solid, n.o.s.                                                                           IP3, N20,
                                                                                                           N91, T1, TP33.
 
                                                                                                              * * * * * * *
                  Life-saving                  9  UN2990...........  ...............  None..............  338...........  None..........  219...........  None..........  No limit......  No limit......  A.............
                   appliances, self-
                   inflating.
 
                                                                                                              * * * * * * *
                  Regulated medical          6.2  UN3291...........  II.............  6.2...............  41, A13, 337..  134...........  197...........  197...........  No limit......  No limit......  B.............  40
                   waste, n.o.s. or
                   Clinical waste,
                   unspecified,
                   n.o.s. or (BIO)
                   Medical waste,
                   n.o.s., or
                   Biomedical waste,
                   n.o.s. or Medical
                   waste, n.o.s.
                  Self-heating               4.2  UN3088...........  II.............  4.2...............  IB6, IP2, T3,   None..........  212...........  241...........  15kg..........  50kg..........  C.............
                   solid, organic,                                                                         TP33.
                   n.o.s.
                                      ..........                     III............  4.2...............  IB8, IP3, T1,   None..........  212...........  241...........  15kg..........  50kg..........  C.............
                                                                                                           TP33. B116.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 15045]]


0
7. Section 172.102 is amended:
0
a. In paragraph (c)(1), Special provisions 336, 337, and 338 are added;
0
b. In paragraph (c)(3), Special provision B116 is added; and
0
c. In paragraph (c)(5), Special provision N91 is added.
    The additions read as follows:


Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *
Code/Special Provisions
* * * * *
    336 The use of UN1H1 drums, UN3H1 jerricans, and UN6HA1 composite 
packagings which meet the requirements of Part 178 of the HMR at the 
Packing Group I or II performance level. These packagings are not 
required to: (1.) meet the venting requirements in Sec.  173.24(g) or 
(2.) be marked with the hydrostatic pressure test marking specified in 
Sec.  173.24a(b)(4). Shipment of packages under this special provision 
must be made by private or contract motor carrier. Transportation of 
these packages also requires the door of each van trailer to be marked 
with ``Warning trailer may contain chemical vapor. Do not enter until 
vapors have dissipated.'' The driver of the transport vehicle and the 
consignee(s) must be trained not to enter the transport vehicle until 
the ammonia vapors have dissipated, and the emergency response 
information on the shipping paper must indicate that the vehicle 
contains ammonia vapors. This training must be documented in training 
records required by Sec.  172.704(d). Transport vehicles must be vented 
to prevent accumulation of vapors at a poisonous or flammable 
concentration.
    337 Authorizes the use of regulated waste containers manufactured 
prior to October 1, 2006 to be marked with the alternative shipping 
name of Regulated medical waste, UN3291 and arrows that deviate as 
prescribed in Sec.  172.312(a)(2) in that they may be black or white.
    338 Life Saving appliances, self-inflating transported between an 
U.S. Coast Guard approved inflatable life raft servicing facility and a 
vessel are only subject to the following requirements:
    a. Prior to repacking into the life-saving appliance, an installed 
inflation cylinder must successfully meet and pass all inspection and 
test criteria and standards of the raft manufacturer and the vessel 
Flag State requirements for cylinders installed as part of life-saving 
appliances, self-inflating (UN2990) used on marine vessels. 
Additionally, each cylinder must be visually inspected in accordance 
with CGA pamphlet, CGA C-6 (incorporated by reference, see Sec.  
171.7). A current copy of CGA pamphlet, CGA C-6 must be available at 
the facility servicing the life-saving appliance.
    b. An installed inflation cylinder that requires recharging must be 
filled in accordance with Sec.  173.301(l).
    c. Every installed inflation cylinder, as associated equipment of 
the life-saving appliance, must be packed within the protective 
packaging of the life raft and the life raft itself must otherwise be 
in compliance with Sec.  173.219.
    d. The serial number for each cylinder must be recorded as part of 
the life-saving appliance service record by the U.S. Coast Guard-
approved servicing facility.
* * * * *
    (3) * * *
Code/Special Provisions
* * * * *
    B116 The use of non specification, sift-proof dump or hopper type 
vehicles, and sift-proof roll-on/roll-off bulk bins, which must be 
covered by a tarpaulin, metal cover, or equivalent means is authorized 
for the transportation of spent bleaching earth by motor vehicle. The 
material is also be subject to operational controls which include not 
exceeding a temperature of 55C (130F) at the time it is offered or 
during transportation, not exceeding a transportation time of 24 hours, 
and drivers transporting spent bleaching earth must be trained in the 
properties and hazards of the spent bleaching earth. This training must 
be documented in training records required by Sec.  172.704(d).
* * * * *
    (5) * * *
Code/Special Provisions
* * * * *
    N91 The use of a non specification sift-proof, non-bulk, metal can 
with or without lid, or a non specification sift-proof, non-bulk fiber 
drum, with or without lid is authorized when transporting coal tar 
pitch compounds by motor vehicle or rail freight. The fiber drum must 
to be fabricated with a three ply wall, as a minimum. The coal tar 
pitch compound must be in a solid mass during transportation.
* * * * *

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

0
8. The authority citation for part 173 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.


0
9. In Sec.  173.150, paragraph (g) is added to read as follows.


Sec.  173.150  Exceptions for Class 3 (flammable and combustible 
liquids).

* * * * *
    (g) Limited quantities of retail products containing ethyl alcohol. 
(1) Beverages, food, cosmetics and medicines, medical screening 
solutions, and concentrates sold as retail products containing ethyl 
alcohol classed as a flammable liquid or flammable solid containing not 
more than 70% ethyl alcohol by volume for liquids, by weight for solids 
are excepted from the HMR provided that:
    (i) For non-glass inner packagings:
    (A) The volume does not exceed 16 fluid ounces in capacity for 
liquids; or
    (B) For volumes greater than 16 fluid ounces but not exceeding 1 
gallon the company name and the words ``Contains Ethyl Alcohol'' are 
marked on the package;
    (C) Solids containing ethyl alcohol may be packaged in non-glass 
inner packagings not exceeding 1 pounds capacity;
    (D) For weight greater than one pound up to 8 pounds the company 
name and the words ``Contains Ethyl Alcohol'' are marked on the 
package.
    (ii) For glass inner packagings:
    (A) The volume does not exceed 8 fluid ounces in capacity; or
    (B) For volumes greater than 8 fluid ounces to 16 fluid ounces the 
company name and the words ``Contains Ethyl Alcohol'' are marked on the 
package;
    (C) Solids containing ethyl alcohol may be packaged in glass inner 
packagings not exceeding \1/2\ pound;
    (D) For weight greater than \1/2\ pound up to 1 pound the company 
name and the words ``Contains Ethyl Alcohol'' are marked on the 
package.
    (iii) The net liquid contents of all inner packagings in any single 
outer packaging may not exceed 192 fluid ounces. The net solid contents 
of all inner packagings in any single outer packaging may not exceed 32 
pounds. The gross weight of any single outer package shipped may not 
exceed 65 pounds; Inner packagings must secured and cushioned within 
the outer package to prevent breakage, leakage, and movement.
    (2) Beverages, food, cosmetics and medicines, medical screening 
solutions, and concentrates sold as retail products containing ethyl 
alcohol classed as a flammable liquid or flammable solid containing 
more than 70% ethyl alcohol by volume, by weight for solids are 
excepted from the HMR provided that:

[[Page 15046]]

    (i) For inner packagings containing liquids the volume does not 
exceed 8 fluid ounces in capacity;
    (ii) Solids containing ethyl alcohol are not packed in inner 
packagings exceeding \1/2\ pound in weight;
    (iii) The net liquid contents of all inner packagings in any single 
outer packaging may not exceed 192 fluid ounces. The net solid contents 
of all inner packagings in any single outer packaging may not exceed 32 
pounds. The gross weight of any single outer package shipped may not 
exceed 65 pounds. Inner packagings must be secured and cushioned within 
the outer package to prevent breakage, leakage, and movement.
    (3) For transportation by passenger or cargo aircraft, no outer 
package may be transported which contains an inner packaging exceeding:
    (i) 16 fluid ounces of flammable liquid, or
    (ii) 1 pound of solids containing flammable liquid.

PART 175--CARRIAGE BY AIRCRAFT

0
10. The authority citation for part 175 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53


0
11. Add Sec.  175.34 to read as follows:


Sec.  175.34  Exceptions for Cylinders of Compressed Oxygen or Other 
Oxidizing Gases Transported Within the State of Alaska.

    (a) Exceptions. When transported in the State of Alaska, cylinders 
of compressed oxygen or other oxidizing gases aboard aircraft are 
excepted from all the requirements of Sec. Sec.  173.302(f)(3) through 
(5) and 173.304(f)(3) through (5) of this subchapter subject to the 
following conditions:
    (1) Transportation of the cylinders by a ground-based or water-
based mode of transportation is unavailable and transportation by 
aircraft is the only practical means for transporting the cylinders to 
their destination;
    (2) Each cylinder is fully covered with a fire or flame resistant 
blanket that is secured in place; and
    (3) The operator of the aircraft complies with the applicable 
notification procedures under Sec.  175.33.
    (b) Aircraft restrictions. This exception only applies to the 
following types of aircraft:
    (1) Cargo-only aircraft transporting the cylinders to a delivery 
destination that receives cargo-only service at least once a week.
    (2) Passenger and cargo-only aircraft transporting the cylinders to 
a delivery destination that does not receive cargo only service once a 
week.

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.


0
13. In 178.516, paragraph (b)(7) is added to read as follows:


Sec.  178.516  Standards for fiberboard boxes.

* * * * *
    (b) * * *
    (7) Authorization to manufacture, mark, and sell UN4G combination 
packagings with outer fiberboard boxes and with inner fiberboard 
components that have individual containerboard or paper wall basis 
weights that vary by not more than plus or minus 5% from the nominal 
basis weight reported in the initial design qualification test report.

0
14. In 178.521, paragraph (b)(4) is added to read as follows:


Sec.  178.521  Standards for paper bags.

* * * * *
    (b) * * *
    (4) UN5M1 and UN5M2 multi wall paper bags that have paper wall 
basis weights that vary by not more than plus or minus 5% from the 
nominal basis weight reported in the initial design qualification test 
report.

    Issued in Washington, DC on March 10, 2014 under authority 
delegated in 49 CFR 1.97.
Cynthia L. Quarterman,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2014-05630 Filed 3-17-14; 8:45 am]
BILLING CODE 4910-60-P