Hazardous Materials: Adoption of Special Permits (MAP-21) (RRR), 3635-3686 [2016-00780]

Download as PDF Vol. 81 Thursday, No. 13 January 21, 2016 Part III Department of Transportation mstockstill on DSK4VPTVN1PROD with RULES2 Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 107, 171, 172, et al., Hazardous Materials: Adoption of Special Permits (MAP–21) (RRR); Final Rule VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\21JAR2.SGM 21JAR2 3636 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 107, 171, 172, 173, 174, 176, 177, 178, and 180 [Docket No. PHMSA–2013–0042 (HM–233F)] RIN 2137–AF00 Hazardous Materials: Adoption of Special Permits (MAP–21) (RRR) Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Final rule. AGENCY: As required by the Moving Ahead for Progress in the 21st Century Act (MAP–21), the Pipeline and Hazardous Materials Safety Administration is amending the Hazardous Materials Regulations to adopt provisions contained in certain widely-used or long-standing special permits that have an established safety record. The adopted amendments are intended to provide wider access to the regulatory flexibility offered in special permits and eliminate the need for numerous renewal requests. The adopted amendments will also reduce paperwork burdens and facilitate commerce while maintaining an appropriate level of safety. PHMSA conducted an extensive analysis of all active special permits and codified, as appropriate, those special permits deemed suitable in this rulemaking. DATES: Effective Date: The final rule will become effective on February 22, 2016. Voluntary compliance date: PHMSA is authorizing voluntary compliance beginning February 22, 2016. Delayed compliance date: Unless otherwise specified, compliance with the amendments adopted in this final rule is required beginning January 23, 2017. SUMMARY: mstockstill on DSK4VPTVN1PROD with RULES2 FOR FURTHER INFORMATION CONTACT: Donald Burger, Office of Hazardous Materials Safety, Approvals and Permits Division, (202) 366–4535, or T. Glenn Foster, Office of Hazardous Materials Safety, Standards and Rulemaking Division, (202) 366–8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590–0001. SUPPLEMENTARY INFORMATION: Table of Contents I. Executive Summary II. Background III. Overview VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 A. MAP–21 Legislation B. SP Conversion Project Methodology C. Petitions for Rulemaking D. SP Evaluation Results E. SPs Suitable for Adoption IV. Public Comments A. General/Administrative B. Cylinders—General C. Cylinders—Non-Destructive Testing/ Aerosols D. Cargo Tanks/Rail Cars/Portable Tanks E. Operational Air/Vessel F. Operational Highway/Rail/Shipper/ Other G. Non-Bulk Packaging Specifications/IBCs V. Section-by-Section Review by Topic Area A. Cylinders—General B. Cylinders—Non-Destructive Testing/ Aerosols C. Cargo Tanks/Rail Cars/Portable Tanks D. Operational Air/Vessel E. Operational Highway/Rail/Shipper/ Other F. Non-Bulk Packaging Specifications/IBCs VI. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Rulemaking B. Executive Order 12866, Executive Order 13563, Executive Order 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. Executive Order 13609 and International Trade Analysis J. Environmental Assessment and NEPA Analysis K. Privacy Act L. National Technology Transfer and Advancement Act List of Subjects I. Executive Summary The Pipeline and Hazardous Materials Safety Administration (PHMSA) is amending the Hazardous Materials Regulations (HMR; 49 CFR parts 171– 180) by adopting requirements contained in 96 existing special permits (SP). These amendments are based on our review of all active SPs as of January 1, 2013, in which we originally identified 98 SPs containing requirements that appear suitable for adoption into the HMR as regulations of general applicability. Other SPs (1,070) were not proposed for adoption into the HMR because we concluded they contain requirements which (1) would not have, or are being applied in a manner which would not have, broad applicability; or (2) have already been adopted into the HMR, are covered by authorizations in the HMR, are being addressed in other rulemakings, or were removed from consideration after receiving public comments submitted in response to the January 30, 2015, notice PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 of proposed rulemaking (NPRM) in this proceeding. In the NPRM published in the Federal Register on January 30, 2015 [80 FR 5339], we encouraged all interested parties, particularly the holders of currently active SPs, to submit comments regarding the SPs we proposed to adopt into the HMR, the SPs we did not propose to adopt into the HMR, and the impacts, including costs and benefits, of the special permits proposed for incorporation. II. Background PHMSA is amending the Hazardous Materials Regulations (HMR; 49 CFR Parts 171–180) by adopting certain requirements based on existing SPs issued by PHMSA under 49 CFR part 107, subpart B (§§ 107.101 to 107.127). SPs set 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, when the regulations do not establish a safety level, that is consistent with the public interest. Congress expressly authorized the Secretary of Transportation to issue these variances in the Hazardous Materials Transportation Act of 1975 (49 U.S.C. 5109) as amended. On July 6, 2013, President Obama signed legislation entitled ‘‘Moving Ahead for Progress in the 21st Century Act (MAP–21).’’ Section 33012 of this legislation required PHMSA to review and analyze SPs that have been in continuous effect for a 10-year period to determine which ones may be codified into the HMR.1 The legislation also required PHMSA to issue regulations to adopt any SPs identified as appropriate for adoption in a final rule by October 1, 2015. The legislation provided the following factors to consider during review and analysis to determine suitability for adoption into the HMR: (1) The safety record of the hazardous materials (hazmat) transported under the SP; (2) The application of a SP; (3) The suitability of the provisions in the SP for incorporation into the hazmat regulations; and (4) Rulemaking activity in related areas. Prior to the passing of the MAP–21 legislation, PHMSA completed numerous rulemaking actions, through a comprehensive and refined approach, to convert long-standing SPs with an established safety record into the HMR. 1 Although MAP–21 only required PHMSA evaluate SPs that had been in continuous effect for a 10-year period, PHMSA reviewed all active SPs as of January 1, 2013. E:\FR\FM\21JAR2.SGM 21JAR2 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations Following the passage of the MAP–21 legislation, PHMSA modified its approach to align with the requirements of this legislation. Specifically, PHMSA established terms of reference and baseline criteria for the review of longstanding SPs, created tracking tools to monitor progress, and adopted a methodology and timeline to evaluate SPs. The January 30, 2015 NPRM provided an overview of the SP Program to date, a detailed review of the requirements of MAP–21 with regard to this initiative, and a comprehensive explanation of the rationale used to evaluate these SPs both prior to and after the implementation of MAP–21. Furthermore, the NPRM described in detail the SPs that were deemed not suitable for adoption into the HMR along with the corresponding reasoning, and proposed the adoption into the HMR of SPs that were deemed suitable through this review. The amendments adopted from the SPs in this final rule have broad applicability, fit into the scope of the HMR, increase flexibility in transportation, and provide an 3637 equivalent level of safety to that of the current regulations. III. Overview Historically, PHMSA has reviewed widely used or long-standing special permits and adopted those that have an established safety record into the HMR. Since 2008, PHMSA has adopted 94 special permits under various rulemakings into the HMR, reducing the number of holders by 13,947. Rulemakings that stemmed from a special permit are noted in Table 1. TABLE 1—PREVIOUS RULEMAKING ACTIONS 2 Docket No. Number of permits Title Purpose PHMSA–2006–25910 (HM–218E). Miscellaneous Cargo Tank Motor Vehicle and Cylinder Issues; Petitions for Rulemaking. 2 15 PHMSA–2008–0005 (HM– 215J). 3 6 PHMSA–2009–0151 (HM– 218F). Revision to Requirements for the Transportation of Batteries and Battery-Powered Devices; and Harmonization with the UN Recommendations, IMDG Code, and ICAO Technical Instructions. Miscellaneous Amendments. Amended the HMR to revise certain requirements applicable to the manufacture, maintenance, and use of DOT and MC specification cargo tank motor vehicles, DOT specification cylinders and UN pressure receptacles. Amended the HMR to maintain alignment with international standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. 1 1 PHMSA–2009–0289 (HM– 233A). Incorporation of SPs into Regulations. 44 510 PHMSA–2010–0017 (HM– 245). Incorporation of Cargo Tank SPs. 6 Over 10,000 PHMSA–2010–0018 (HM– 216B). Incorporating Rail SPs ..... 7 250 PHMSA–2010–0201 HM– 254. Approval and Communication Requirements for the Safe Transportation of Airbag Inflators, Airbag Modules, and Seat-belt Pretensioners. Miscellaneous Amendments (RRR). Amended the HMR to make miscellaneous revisions to update and clarify certain regulatory requirements. Amended the HMR to adopt provisions contained in certain widely-used or long-standing SPs that have an established safety record. Amended the HMR to adopt provisions contained in certain widely-used or long-standing cargo tank SPs that are granted to multiple parties and have established safety records. Amended the HMR to adopt SPs which authorized an alternative tank car qualification program, acceptance of shipping paper information by voice or electronic data interchange, provide alternative rail car segregation requirements for explosives, alternative tank car design requirements, and alternative unloading provisions for coupled tank cars. Amended the HMR applicable to airbag inflators, airbag modules and seat-belt pretensioners by authorizing an alternative review and verification process for these devices, and eliminating the current requirements to have hundreds of these devices approved by PHMSA prior to shipment. 2 2,131 1 1 mstockstill on DSK4VPTVN1PROD with RULES2 PHMSA 2011–0138 (HM 218G). Amended the HMR by adopting SPs to authorize the transportation by motor vehicle of certain regulated medical wastes, designated as sharps, in non-DOT specification containers fitted into wheeled racks. 2 This table represents only published rulemakings since January 1, 2008. VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\21JAR2.SGM 21JAR2 Holders 3638 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations TABLE 1—PREVIOUS RULEMAKING ACTIONS 2—Continued Number of permits Docket No. Title Purpose PHMSA–2011–0142 (HM– 219). Miscellaneous Petitions for Rulemaking (RRR). PHMSA–2011–0158 (HM– 233C). Incorporation of Certain SPs and Competent Authorities into Regulations. PHMSA–2011–0345 (HM– 233D) (NPRM). Requirements for the Safe Transportation of Bulk Explosives (RRR). Amended the HMR to no longer require re-application for a SP to place the Dangerous Cargo Manifest in locations designated by the master of the vessel besides ‘‘on or near the bridge’’ while the vessel is docked in a United States port while cargo unloading, loading, or handling operations are underway and the bridge is unmanned. Amended the HMR to adopt provisions contained in several SPs that provide greater regulatory flexibility. The SPs in this action addressed a variety of alternative provisions, including alternative packaging authorizations for specific hazardous materials (HM), and would eliminate approval requirements for variances in the manufacture of fiberboard packagings. Proposes to amend the HMR by establishing standards for the safe transportation of bulk explosives. This rulemaking would also be responsive to two petitions (P–1557, P–1583). Total ........................... .......................................... A. MAP–21 Legislation Section 33012 of the MAP–21 legislation revised section 5117 (f) of the Federal Hazardous Materials Transportation Law. As a result of this legislation, PHMSA was required to review and analyze SPs that have been in effect for 10 years or more and determine which could be converted into regulations. Additionally, PHMSA was required to set parameters for the .................................................................................... review and issue regulations to adopt any SPs identified as appropriate for adoption in a final rule by October 1, 2015. Following publication of this final rule, this process would be completed annually to ensure appropriate SPs are converted into the HMR on a consistent basis. The legislation also required PHMSA to address other issues related to the SP and approvals regulations and program Holders 1 1 18 466 9 566 94 13,947 processes. Specifically, PHMSA is required to issue regulations on standard operating procedures to support administration of the SP and approval programs. This requirement is being addressed under Docket No. PHMSA 2012–0260 (HM–233E). Table 2 summarizes the MAP–21 requirements related to the SP program, the corresponding rulemaking actions, and required completion dates: TABLE 2—MAP–21 SUMMARY MAP–21 citation Sec. 33012 (a) ............... (b) ............... mstockstill on DSK4VPTVN1PROD with RULES2 (b) ............... (c) ............... VerDate Sep<11>2014 MAP–21 requirement Docket No. Rulemaking mandate. PHMSA shall issue regulations that establish: (1) Standard operating procedures to support administration of the SP and approval programs; and (2) Objective criteria to support the evaluation of SP and approval applications. Initial review and analysis of SPs that have been in continuous effect for a 10-year period to determine which ones may be converted into the hazmat regulations. Factors to consider: (1) The safety record of hazmat transported under the SP; (2) The application of a SP; (3) The suitability of provisions in the SP for incorporation into the hazmat regulations; and (4) Rulemaking activity in related areas. Rulemaking mandate. Issue regulations to incorporate into the hazmat regulations any SPs identified in the initial review and analysis that PHMSA determines are appropriate for incorporation based on the review factors. Ongoing review and analysis of SPs. Not later than 1 year after the date on which a SP has been in continuous effect for a 10-year period, PHMSA shall conduct a review and analysis of that SP to determine whether it may be converted into the hazmat regulations. Factors to consider: (1) The safety record of hazmat transported under the SP; 18:33 Jan 20, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 Required completion date PHMSA 2012–0260 (HM– 233E). Final rule due by 10/01/2014. PHMSA–2013–0042 (HM– 233F). Review and analysis due by 10/01/2013. PHMSA–2013–0042 (HM– 233F). Final rule due by 10/01/2015. Continuous future rulemaking actions on a yearly basis. Review and analysis due by 10/01/2015 and to be completed on an annual basis. E:\FR\FM\21JAR2.SGM 21JAR2 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations 3639 TABLE 2—MAP–21 SUMMARY—Continued MAP–21 citation (d) ............... MAP–21 requirement Docket No. Required completion date (2) The application of a SP; (3) The suitability of provisions in the SP for incorporation into the hazmat regulations; and (4) Rulemaking activity in related areas. Rulemaking mandate. After completing the review and analysis of SPs that have been in continuous effect for a 10year period, PHMSA shall either institute a rulemaking to incorporate the SP into the hazmat regulations or publish in the Federal Register its justification for why the SP is not appropriate for incorporation into the regulations. Continuous future rulemaking actions on a yearly basis. Final rule or notice of no rulemaking decision due by 10/ 01/2016. B. SP Conversion Project Methodology As previously stated, PHMSA has routinely analyzed, evaluated, and adopted SPs into the HMR through established procedures for decades. However, the specific provisions contained in MAP–21 necessitated PHMSA to modify and formalize its approach. The following table summarizes the different phases of the Special Permits Conversion Project (SPCP). Specifically, this table briefly discusses the efforts of each phase of the project and how the entire project was divided into the two primary stages of analysis and rulemaking. Each phase of the SPCP is described in Table 3. TABLE 3—SPCP METHODOLOGY Phase Analysis: Phase 1: Development Methodology. Description of action of Phase 2: Preliminary Analysis Phase 3: Mentor Review ......... Phase 4: Team Analysis .......... Rulemaking: Phase 5: Drafting ..................... Phase 6: Consolidate Rulemaking. Phase 7: Rulemaking Coordination. Phase 8: Rulemaking Publication. Phase 9: Final Analysis and Coordination. Phase 10: Final Rulemaking Publication. The SPCP Management team developed a methodology to consistently evaluate SPs, a system to track this analysis, sub-teams and sub-topic areas used to group similar SPs to be reviewed by the appropriate subject matter experts, and timelines and milestones. An initial review of all SPs was conducted. SPs were divided by topics and sub-topics and each transportation regulations specialist was assigned a grouping. These specialists reviewed each permit and made a determination as to an SP’s suitability for adoption into the HMR based on guidance provided by the SPCP Management team. The members of the SPCP Management were assigned topics and conducted a second review of the SPs deemed either not suitable or flagged for further review. PHMSA then established rulemaking teams for each topic composed of a team leader, mentor, and team members from each PHMSA Division and our modal partners. These teams then conducted a second review of those SPs deemed suitable and those flagged for follow-up. For SPs deemed suitable, the team drafted regulatory text along with preamble language justifying inclusion into the HMR. The finalized draft of each topic was then submitted to the SPCP Management team for final review. Following review by the SPCP Management team, the topic rulemakings were then combined into a master draft along with additional preamble language, regulatory analysis, and information collection activities. The master draft created was then vetted throughout the agency and with our modal partners. In addition, the rulemaking was coordinated with the Office of the Secretary of Transportation and the Office of Management and Budget. Following concurrence from all entities, PHMSA submitted the NPRM to the Federal Register for publication. The draft Final Rule was then vetted throughout the agency and with our modal partners. In addition, the rulemaking was coordinated with the Office of the Secretary of Transportation and the Office of Management and Budget. Following concurrence from all entities, PHMSA submitted this Final Rule to the Federal Register for publication. mstockstill on DSK4VPTVN1PROD with RULES2 PHMSA grouped each special permit into one of six topic areas, based on the utility of the special permit. These topic areas were established to reflect the VerDate Sep<11>2014 20:17 Jan 20, 2016 Jkt 238001 main utility and purpose of the SP. These topic areas of the SPs, an overview of each topic area, and the PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 affected number of SP holders are detailed in Table 4. E:\FR\FM\21JAR2.SGM 21JAR2 3640 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations TABLE 4—TOPIC OVERVIEW Holders (total # in grouping) Topic Overview Cylinders—General ................................... The SPs pertaining to cylinders that are adopted into the HMR in this final rule provide exceptions to existing general cylinder requirements. The SPs pertaining to acoustic emission (AE) and ultrasonic examination (UE) testing of cylinders and to aerosols that are adopted into the HMR in this final rule provide exceptions to existing cylinder requirements specific to cylinder non-destructive testing (NDT) and aerosols. The SPs pertaining to cargo tanks, rail cars, and portable tanks that are adopted into the HMR in this final rule provide exceptions to existing cargo tanks, rail cars, and portable tanks requirements. The SPs pertaining to operational issues for aircraft or vessel transportation that are adopted into the HMR in this final rule provide exceptions to existing requirements for vessel and aircraft shipments. The SPs pertaining to operational issues for highway or rail transport, shipper requirements, and other general areas that are adopted into the HMR in this final rule provide exceptions to existing highway and rail operations, shipper, and other general requirements. The SPs pertaining to non-bulk packagings, IBCs, and packaging specifications that are adopted into the HMR in this final rule provide certain exceptions to the packaging specification requirements. Cylinders—NDT/Aerosols 3 ....................... Cargo Tanks/Rail Cars/Portable Tanks .... Operational Air/Vessel .............................. Operational Highway/Rail/Shipper/Other .. Non-Bulk Packaging Specifications/IBCs Total ................................................... ....................................................................................................................................... C. Petitions for Rulemaking PHMSA considered several petitions for rulemaking submitted in accordance with § 106.105. The petitions are discussed as follows: P–1607 The Council on the Safe Transportation of Hazardous Articles (COSTHA) submitted a petition for rulemaking under P–1607 which PHMSA accepted and proposed in the January 30, 2015 NPRM. The purpose of this petition for rulemaking was to adopt the provisions of SP 11458 authorizing display packs of consumer commodities that exceed the 30 kg gross weight limitation prescribed for limited quantity packages. See the discussions in §§ 171.8 and 173.56 under the ‘‘Operational Highway/Rail/Shipper/ Other’’ heading of this rulemaking. mstockstill on DSK4VPTVN1PROD with RULES2 P–1608 The Truck Trailer Manufacturers Association (TTMA) submitted a petition for rulemaking under P–1608 to adopt the provisions of SP 11903 into the HMR. Under P–1608, TTMA petitioned that PHMSA adopt standards for the construction and use of fiber reinforced plastic (FRP) cargo tanks. Currently, these tanks are constructed under SP 11903 and used under party status to SP 9166. Other special permits also address these standards but PHMSA did not propose to adopt them in the NPRM because a uniform standard for FRP cargo tanks that is ready for adoption does not exist. However, PHMSA is working to develop a uniform standard for FRP cargo tanks, which we will address in a future rulemaking. P–1610 COSTHA submitted a petition for rulemaking under P–1610 to adopt the provisions of SP 11110 into the HMR. This SP authorizes cargo aircraft operators to stow Division 1.4S and Class 8, PG III materials in inaccessible cargo locations in excess of the limitations specified in § 175.75(c). This petition has been accepted by PHMSA for consideration in a future rulemaking as more time is needed to research the potential impact of changes to § 175.75 and to coordinate this review with the appropriate parties, including our modal partners. P–1611 COSTHA submitted a petition for rulemaking under P–1611 to adopt the provisions of SP 11470 into the HMR. This SP authorizes the transportation in commerce of shrink-wrapped pallets containing packages of waste ORM–D materials with the word ‘‘WASTE’’ Title Code 1 ........... Suitable for Adoption .............................................. 20:17 Jan 20, 2016 Jkt 238001 PO 00000 Explanation Frm 00006 SPs suitable for adoption. Fmt 4701 Sfmt 4700 321 207 1,226 820 3,691 D. SP Evaluation Results PHMSA is committed to the SP adoption process established by Congress in MAP–21. To ensure that changes made under this action are as efficient and effective as possible, PHMSA solicited input from its stakeholders. We used several tables throughout the NPRM to identify SPs suitable for adoption and those that were deemed not suitable. As required by MAP–21, the initial review and analysis of SPs considered the following factors: • The safety record of hazardous materials transported under the SP; • The application of a SP; • The suitability of provisions in the SP for adoption into the HMR; and • Rulemaking activity in related areas. Based on these factors, PHMSA developed and assigned codes representing its reasoning for adopting or not adopting certain SPs into the regulations. Table 5 explains each code. 3 For the purposes of this rulemaking NonDestructive Testing (NDT) includes Ultrasonic Examination (UE) and Acoustic Emission (AE). VerDate Sep<11>2014 396 marked on the outside of the pallet instead of each individual box. This petition was accepted by PHMSA and is being adopted as proposed in this final rule. See the discussion in § 173.12 under the ‘‘Operational Highway/Rail/ Shipper/Other’’ heading of this preamble. TABLE 5—SPCP CODE KEY Code 721 E:\FR\FM\21JAR2.SGM 21JAR2 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations 3641 TABLE 5—SPCP CODE KEY—Continued Code Title Explanation Code 2 ........... Not Suitable for Adoption: The application of the SP. Code 3 ........... Not Suitable for Adoption: The suitability of the provision in the SP for adoption into the HMR. Code 4 ........... Not Suitable for Adoption: Rulemaking activity in related areas. Already adopted or otherwise covered under current regulations. SPs not suitable because of the manner in which applied. Because the purpose of the MAP–21 directive was to reduce need for SPs where widely-used, many of these SPs were not considered suitable for adoption because of their application; i.e., they were not widely-used, were too technical in nature, or were too specific to a SP holder. This Code was applied to both single and multiple holders of SPs. SPs not suitable for adoption because of the lack of broad applicability. Similar to Code 2, many of these SPs were not considered suitable for adoption because of the specificity of the SP. The terms of these SPs often included an inability to provide the same exception in a broad manner applicable to certain geographical locations or safety controls. This Code was also applied to both single and multiple holders of SPs. SPs being addressed in other rulemakings. Code 5 ........... The SPCP evaluated 1,168 permits that represented 3,691 holders of SPs that were active on January 1, 2013. Once the evaluation segment of the SPCP was completed, PHMSA identified 98 active SPs that were suitable for adoption in this proceeding. Since that time, SP–14422 has become no longer active and its provisions are not adopted in this final rule. SPs already adopted or authorizations already specified in the current HMR. For example, these SPs will be terminated as they are no longer necessary since the provisions contained within have already been adopted or have been covered under current regulations. Additionally, SP 4850 is not adopted in this final rule based on concerns that certain elements in its codification no longer communicated the exceptions from the HMR provided by the SP. Thus, we believe any additional burden not proposed in the January 30, 2015 NPRM would require notice and comment Adoption of the 96 SPs in this final rule will impact 832 SP holders as indicated in Table 6. The SPs adopted in this rulemaking represent an approximate 8% reduction in the number of active SPs and an approximate 23% reduction in the number of holders of those SPs as indicated in Table 6. TABLE 6—SPCP IMPACT SPs SPs Adopted in this Rulemaking Action .................................................................................................................. Total Number Evaluated .......................................................................................................................................... Percent Reduction ................................................................................................................................................... When combined with previous regulatory efforts to adopt SPs into the HMR, the impact is increased to 190 total SPs adopted since 2008, affecting Holders 96 1,168 8.22% 832 3,691 22.54% 14,779 holders of SPs as indicated in Table 7. TABLE 7—SPS ADOPTED AND AFFECTED HOLDERS SPs Holders 94 96 13,947 832 Total .................................................................................................................................................................. mstockstill on DSK4VPTVN1PROD with RULES2 SPs Eliminated in Previous Rulemaking actions since 2008 .................................................................................. SPs Adopted in this Rulemaking Action .................................................................................................................. 190 14,779 It is PHMSA’s intent to annually review all SPs that have been in effect for more than 10 years. Further, PHMSA’s ongoing review and analysis of SPs will use the same methodology and tools as in this proceeding. PHMSA anticipates that future analysis and review will be more streamlined due to the reduction in the number of SPs to be evaluated and the experience gained through this evaluation. VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 E. SPs Suitable for Adoption The original analysis phase of the SPCP NPRM identified 98 SPs (728 holders) that were deemed suitable for adoption. Further, the analysis phase identified 1,070 SPs that were deemed not suitable for adoption. Please see the January 30, 2015 NPRM for more information on the SPs deemed not suitable, their assigned topic area, a summary of the permit, the number of SP holders, and each corresponding denial code. In this final rule, Table 8 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 summarizes the SPs deemed suitable, their assigned topic area, a summary of the permit, and the number of holders of SPs. The difference in the number of holders in the NPRM (728) and this final rule (832) are due to seven SPs proposed for adoption in the NPRM that are not being adopted in this final rule and four SPs that were not proposed for adoption in the NPRM that are being adopted in this final rule. All suitable SPs (96) ultimately adopted were deemed to be Code 1 and are adopted in this final rule. E:\FR\FM\21JAR2.SGM 21JAR2 3642 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations TABLE 8—SPS SUITABLE FOR PROPOSED ADOPTION Permit No. Category Summary Holders Cylinders General SP6530 .............. Cylinders General .................. SP8074 .............. Cylinders General .................. SP12084 ............ Cylinders General .................. SP12301 ............ Cylinders General .................. SP12782 ............ Cylinders General .................. SP13318 ............ Cylinders General .................. SP13544 ............ Cylinders General .................. SP13599 ............ Cylinders General .................. SP14251 ............ Cylinders General .................. SP14419 ............ Cylinders General .................. SP14937 ............ Cylinders General .................. Authorizes transportation in commerce of hydrogen and mixtures of hydrogen with helium, argon or nitrogen, in certain cylinders filled to 110% of their marked service pressures. Authorizes transportation in commerce of certain flammable and non-flammable gases in DOT specification 3E cylinders measuring 2 inches in diameter by 12 inches long without a safety relief device. Authorizes use of certain DOT specification 4B, 4BA, or 4BW cylinders, which are protected externally by a suitable corrosion-resistant coating (such as galvanizing or painting), for transportation in commerce of certain gases when retested and marked in accordance with the requirements specified in § 180.209(e). In lieu of a 5 year periodic hydrostatic test, or testing in accordance with § 173.213(c)(2), the prescribed cylinders may be retested and marked in accordance with § 180.209(e). Authorizes transportation in commerce of chloropicrin and methyl bromide mixtures in a DOT specification 4BW cylinder having a capacity greater than that specified in § 173.193(b). Authorizes transportation in commerce of certain DOT specification cylinders, containing Divisions 2.1, 2.2 or 2.3 materials, equipped with plastic valve protection caps. Authorizes transportation in commerce of DOT specification 39 cylinders of 75 cubic inches or less volume, except as specified, for transportation in commerce of certain hazardous materials. Authorizes transportation in commerce of DOT specification 4BA240 cylinders containing liquefied petroleum gas (LPG) and/or residue of LPG without hazard warning labels when transported in a closed transport vehicle that is placarded. Authorizes transportation in commerce of certain Division 2.2 materials in certain DOT specification seamless steel cylinders. Authorizes transportation in commerce of overpacked cylinders containing Class 2 materials with CGA C–7 neck ring labels in lieu of the standard label. Authorizes transportation in commerce of pyrophoric liquid n.o.s. in DOT specification 3AL cylinders that are not authorized for that material. Authorizes transportation in commerce of certain cylinders that have requalification markings on a label embedded in epoxy in lieu of stamping for the transportation of various refrigerant gases. 26 5 1 8 5 2 1 1 6 3 1 Cylinders—NDT/Aerosols Cylinders—NDT/Aerosols ...... SP8786 .............. Cylinders—NDT/Aerosols ...... SP11296 ............ Cylinders—NDT/Aerosols ...... SP12573 ............ Cylinders—NDT/Aerosols ...... SP12995 ............ Cylinders—NDT/Aerosols ...... SP13581 ............ Cylinders—NDT/Aerosols ...... SP13601 ............ mstockstill on DSK4VPTVN1PROD with RULES2 SP7951 .............. Cylinders—NDT/Aerosols ...... SP14429 ............ Cylinders—NDT/Aerosols ...... SP14440 ............ Cylinders—NDT/Aerosols ...... SP14503 ............ Cylinders—NDT/Aerosols ...... VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 PO 00000 Authorizes transportation in commerce of certain aerosols containing Division 2.2 materials, with a charge pressure not exceeding 150 psig at 75 °F when shipped in a refrigerated state. Authorizes transportation in commerce of limited quantities of compressed gases, Division 2.2, in accumulators which deviate from the required retest parameters. Authorizes transportation in commerce of certain waste aerosol cans containing flammable gas propellants, including isobutane and propane, overpacked in a UN1A2 steel drum or a UN1H2 plastic drum for disposal. Authorizes manufacture, marking, sale and use of a non-refillable, nonDOT specification inside metal container conforming with regulations applicable to DOT specification 2Q, for transportation in commerce of certain hazardous materials. Authorizes transportation in commerce of certain DOT 2Q specification, non-refillable containers containing polyurethane foam or foam components that will be tested by other means in lieu of subjecting each container to a hot water bath. Authorizes transportation in commerce of insecticide aerosol fogger in nonDOT specification non-refillable inside containers. Authorizes manufacture, marking, sale and use of non-DOT specification containers for transportation in commerce of certain non-flammable aerosols containing foodstuffs at pressures exceeding those authorized. Authorizes transportation in commerce of a DOT specification 2P non-refillable aluminum in-side container which has been leakage tested by an automated in-line pressure check in lieu of the hot water bath specified in the HMR. Authorizes transportation in commerce of Division 2.1 aerosols in certain non-refillable containers which have been tested by an alternative method in lieu of the hot water bath test. Authorizes transportation in commerce of aerosol foodstuffs in a non-refillable metal container similar to DOT specification 2P and 2Q. Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\21JAR2.SGM 21JAR2 5 6 128 1 1 1 1 2 1 1 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations 3643 TABLE 8—SPS SUITABLE FOR PROPOSED ADOPTION—Continued Permit No. Category Summary Holders SP14544 ............ Cylinders—NDT/Aerosols ...... SP14623 ............ Cylinders—NDT/Aerosols ...... SP14625 ............ Cylinders—NDT/Aerosols ...... SP14627 ............ Cylinders—NDT/Aerosols ...... SP14723 ............ Cylinders—NDT/Aerosols ...... SP14724 ............ Cylinders—NDT/Aerosols ...... SP14786 ............ Cylinders—NDT/Aerosols ...... SP14842 ............ Cylinders—NDT/Aerosols ...... SP14887 ............ Cylinders—NDT/Aerosols ...... SP14953 ............ Cylinders—NDT/Aerosols ...... SP15135 ............ Cylinders—NDT/Aerosols ...... SP15265 ............ Cylinders—NDT/Aerosols ...... SP15427 ............ Cylinders—NDT/Aerosols ...... SP15792 ............ Cylinders—NDT/Aerosols ...... Authorizes transportation in commerce of Division 2.1 and 2.2 hazardous materials in certain non-DOT specification and DOT specification non-refillable aerosol containers which have been tested by an alternative method in lieu of the hot water bath test. Authorizes manufacture, marking, sale, and use of a bag-on-valve, non-refillable, aerosol container which has been tested by an alternative method in lieu of the hot water bath test. In lieu of the hot water bath, each container must be subject to an automated pressure test on the line. Authorizes transportation in commerce of aerosols in certain non-refillable containers which have been tested by an alternative method in lieu of the hot water bath test. In lieu of the hot water bath, each container will be subject to an automated pressure test on the line. Authorizes transportation in commerce of aerosols in certain non-refillable containers which have been tested by an alternative method in lieu of the hot water bath test. In lieu of the hot water bath, each container must be subject to an automated pressure test on the line. Authorizes transportation in commerce of aerosols containing a Division 2.2 compressed gas in certain non-refillable aerosol containers which are not subject to the hot water bath test. Authorizes transportation in commerce of an aerosol in certain non-refillable containers which have been tested by an alternative method in lieu of the hot water bath test. In lieu of the hot water bath, each container will be subject to an automated in-line pressure test. Authorizes transportation in commerce of DOT specification 2P and 2Q aluminum non-refillable inside containers which are leak tested by an automated in-line pressure check in lieu of the hot water bath specified in the HMR. Authorizes transportation in commerce of consumer commodity (pressurized by nitrogen, compressed) and aerosols, non-flammable, (each not exceeding 1 L capacity) in DOT specification 2P non-refillable aluminum inside containers which have been tested by an alternative method in lieu of the hot water bath test. In lieu of the hot water bath, each container will be subject to an automated pressure test on the line. Authorizes transportation of aerosols and consumer commodities in commerce of DOT specification 2P and 2Q metal non-refillable inside containers and non-DOT specification metal inside containers which are leak tested by an automated in-line pressure check in lieu of the hot water bath specified in the HMR. Authorizes transportation in commerce of DOT specification 2Q non-refillable aluminum inside containers which have been leakage tested by an 100% automated in-line pressure check in lieu of the hot water bath test. Authorizes transportation in commerce of certain DOT 2P non-refillable metal containers (containing a laminate bag on valve system) which are leak tested by an automated in-line pressure check in lieu of the required hot water bath test. Authorizes manufacture, mark, sale and use of non-DOT specification bagon-valve spray packaging similar to an aerosol container without requiring the hot water bath test conforming with all regulations applicable to a DOT specification 2P or 2Q, except as specified herein, for the transportation in commerce of certain hazardous materials. Authorizes manufacture, mark, sale and use of non-refillable inside containers which are leak tested by an automated in-line pressure check in lieu of the hot water bath specified in the HMR. Authorizes transportation in commerce of DOT specification 2P non-refillable aluminum inside containers which have been tested by an alternative method in lieu of the hot water bath test. In lieu of the hot water bath, each container will be subject to an automated pressure test on the line. 1 1 1 1 1 1 1 1 2 1 1 1 2 1 mstockstill on DSK4VPTVN1PROD with RULES2 Cargo Tanks/Rail Cars/Portable Tanks SP12039 ............ Cargo Tanks/Rail Cars/Portable Tanks. SP12576 ............ Cargo Tanks/Rail Cars/Portable Tanks. VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 PO 00000 Authorizes transportation in commerce of DOT 113C120W tank cars containing ethylene, refrigerated liquid, at an internal pressure of 20 psig instead of the maximum 10 psig. Authorizes manufacture, marking, sale and use of non-DOT specification tanks conforming with all regulations applicable to a DOT specification MC 331 cargo tank, except as specified, for transportation in commerce of certain hazardous materials. Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\21JAR2.SGM 21JAR2 3 1 3644 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations TABLE 8—SPS SUITABLE FOR PROPOSED ADOPTION—Continued Permit No. Category Summary Holders Operational Air/Vessel SP11150 ............ Operational Air/Vessel ........... SP11691 ............ Operational Air/Vessel ........... SP13213 ............ Operational Air/Vessel ........... SP14458 ............ Authorizes transportation in commerce of liquefied petroleum gas in DOT specification cylinders, secured to transport vehicles on passenger ferry vessels. Authorizes transportation in commerce of certain flammable and corrosive liquids, which are the ingredients of soft drinks (beverages), not subject to the segregation requirements for vessel stowage when shipped in the same transport unit. Authorizes stowage aboard passenger ferry vessels of private motor vehicles such as recreational vehicles, with attached cylinders of liquefied petroleum gas in addition to extra containers of gasoline (including camp stove or lantern fuel) and portable cylinders of liquefied petroleum gas. Authorizes private motor vehicles such as recreational vehicles, with attached cylinders of liquefied petroleum gas in addition to extra containers of gasoline (including camp stove or lantern fuel) and portable cylinders of liquefied petroleum gas to be stowed aboard passenger ferry vessels. Operational Air/Vessel ........... 1 10 1 1 Operational Highway/Rail/Shipper/Other Operational Highway/Rail/ Shipper/Other. SP8006 .............. SP9610 .............. Operational Highway/Rail/ Shipper/Other. Operational Highway/Rail/ Shipper/Other. SP9874 .............. Operational Highway/Rail/ Shipper/Other. SP10597 ............ Operational Highway/Rail/ Shipper/Other. SP10705 ............ Operational Highway/Rail/ Shipper/Other. SP10803 ............ Operational Highway/Rail/ Shipper/Other. SP10882 ............ Operational Highway/Rail/ Shipper/Other. SP11043 ............ Operational Highway/Rail/ Shipper/Other. SP11055 ............ Operational Highway/Rail/ Shipper/Other. SP11078 ............ Operational Highway/Rail/ Shipper/Other. SP11151 ............ Operational Highway/Rail/ Shipper/Other. SP11197 ............ mstockstill on DSK4VPTVN1PROD with RULES2 SP7991 .............. Operational Highway/Rail/ Shipper/Other. SP11202 ............ Operational Highway/Rail/ Shipper/Other. SP11356 ............ Operational Highway/Rail/ Shipper/Other. Operational Highway/Rail/ Shipper/Other. SP11373 ............ VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 PO 00000 Authorizes transportation in commerce of railroad flagging kits of specified construction, containing certain Class 1.4 and 4.1 materials, not subject to the HMR. Authorizes certain articles, explosive, n.o.s., Division 1.4S (toy caps) to be offered for transportation in commerce without labels. Authorizes transportation in commerce of certain empty packagings containing residues of Class 1 smokeless powders without complete shipping papers and placarding. Authorizes use of video cameras and monitors or instrumentation and signaling systems such as sensors, alarms, and electronic surveillance equipment, to observe the loading and/or unloading operations of hazardous materials from production control centers in lieu of personnel remaining within 25 feet of the cargo tanks. Authorizes manufacture, marking and sale of temperature controlled equipment for use in motor vehicles engaged in transportation in commerce of Class 3 liquids or Division 2.1 gases. Authorizes transportation in commerce of packages containing acrolein, stabilized, Division 6.1, to be exempted from the segregation requirements, when shipped by highway. Authorizes manufacture, marking, sale and use of temperature controlled equipment for use in motor vehicles engaged in transportation of Class 3 and Class 2.1 materials. Authorizes manufacture, marking, sale and use of temperature controlled equipment for use in motor vehicles engaged in transportation of Class 3 and Class 2.1 materials. Authorizes transportation in commerce of Division 2.3 materials on the same transport vehicle with materials classed as Division 2.1, Class 3, Class 4, Class 5, and Class 8. Authorizes transportation in commerce of certain hazardous materials that meet the criteria for Division 6.1, PG I, Hazard Zone A in combination packages and provides relief from the segregation requirements. Authorizes transportation in commerce of certain nickel-cadmium batteries each containing no more than 10 ml of liquid potassium hydroxide, a Class 8 material, as not subject to the HMR. Authorizes transportation in commerce of combination packages containing hazardous wastes that are poisonous by inhalation, Division 6.1, PG I, Hazard Zone A, in the same transport vehicle with packages containing hazardous materials assigned to Class 3, Class 8 or Divisions 4.1, 4.2, 4.3, 5.1, 5.2. Authorizes transportation in commerce by private carrier of restricted quantities of hazardous materials that are authorized for exception in column 8A of the HMT, excluding Class 1, Class 7 and Divisions 6.1 and 6.2. Authorizes transportation in commerce of certain hazardous materials across a public road, from one part of a plant to another, as essentially not subject to parts 172 and 173. Authorizes reassignment of certain high viscosity flammable liquids from Packing Group II to III for packagings with a capacity greater than 30L. Authorizes transportation in commerce of Division 4.2 (self-heating) materials in Packing Group II or III on the same transport vehicle with Class 8 liquids when the materials are appropriately separated. Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\21JAR2.SGM 21JAR2 37 3 11 1 1 2 1 1 79 8 2 1 3 1 3 29 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations 3645 TABLE 8—SPS SUITABLE FOR PROPOSED ADOPTION—Continued Permit No. Category Summary SP11458 ............ Operational Highway/Rail/ Shipper/Other. SP11470 ............ Operational Highway/Rail/ Shipper/Other. SP11666 ............ Operational Highway/Rail/ Shipper/Other. SP11811 ............ Operational Highway/Rail/ Shipper/Other. SP11984 ............ Operational Highway/Rail/ Shipper/Other. SP12002 ............ Operational Highway/Rail/ Shipper/Other. Operational Highway/Rail/ Shipper/Other. SP13190 ............ SP13343 ............ Operational Highway/Rail/ Shipper/Other. Operational Highway/Rail/ Shipper/Other. SP13424 ............ Operational Highway/Rail/ Shipper/Other. SP13484 ............ Operational Highway/Rail/ Shipper/Other. SP13959 ............ Operational Highway/Rail/ Shipper/Other. SP14141 ............ Operational Highway/Rail/ Shipper/Other. SP14150 ............ Operational Highway/Rail/ Shipper/Other. SP14335 ............ Operational Highway/Rail/ Shipper/Other. SP14447 ............ Operational Highway/Rail/ Shipper/Other. SP14525 ............ Operational Highway/Rail/ Shipper/Other. SP14618 ............ mstockstill on DSK4VPTVN1PROD with RULES2 SP13199 ............ Operational Highway/Rail/ Shipper/Other. SP14680 ............ Operational Highway/Rail/ Shipper/Other. SP14726 ............ Operational Highway/Rail/ Shipper/Other. VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 PO 00000 Holders Authorizes transportation in commerce of display packs of consumer commodity packages or limited quantities packages that exceed the 30 kg gross weight limit. Authorizes transportation in commerce of shrink wrapped pallets containing boxes of waste ORM–D materials with the word ‘‘WASTE’’ marked on the outside of the pallet instead of on each individual box. Authorizes transportation in commerce of green graphite products on open flat-bed truck trailers, rail flat cars, intermodal freight containers, and when unitized by banding to wooden runners or pallets. Authorizes transportation in commerce of various household wastes without having the quantity and unit measurement shown on the shipping paper during local pick-up operations. Authorizes transportation in commerce of certain unapproved chemical oxygen generators with only one positive means of preventing unintentional actuation of the generator and without the required approval number marked on the outside of the package. Authorizes unloading of tank cars containing Class 3 materials utilizing an alternate procedure to remove frozen liquid from bottom outlet valves. Authorizes use of video cameras and monitors to observe the loading operations of anhydrous ammonia from a remote control station in place of personnel remaining within 7.62 meters (25 feet) of cargo tank motor vehicles. Authorizes transportation in commerce of reconditioned (‘‘used’’) refrigeration units under the provisions of § 173.306(e). Authorizes transportation in commerce of certain wetted Division 1.1D explosive substances in heated cargo vehicles when they would likely freeze during transport. Authorizes use of video cameras and monitors to observe the loading and unloading operations of various hazardous materials from a remote control station in place of personnel remaining within 7.62 meters (25 feet) of cargo tank motor vehicles. Authorizes DOT specification MC 330, MC 331 and MC 338 cargo tank motor vehicles to be loaded with certain Division 2.2 liquefied gases using specially designed hoses in lieu of full time attendance by a qualified person during loading operations. Authorizes use of a video camera and monitor to observe the loading incidental to movement or unloading incidental to movement of anhydrous ammonia from a remote control room in place of personnel remaining within 25 feet of the cargo tank motor vehicle. Authorizes use of video cameras and monitors to observe the loading incidental to movement or unloading incidental to movement of certain Class 3, 8, and 9 materials in place of personnel remaining within 25 feet of a cargo tank motor vehicle. Authorizes use of video cameras and monitors to observe the loading and unloading operations of certain Class 3 and Class 8 hazardous materials from a remote control station in place of personnel remaining within 7.62 meters (25 feet) of cargo tank motor vehicles. Authorizes transportation in commerce of Division 2.3 Zone A materials on the same motor vehicle with DOT specification packagings containing the residues of Divisions 2.1, 2.3, 4.3, 5.1, and Classes 3 and 8 materials. Authorizes DOT specification cargo tank motor vehicles containing certain Division 2.2; 5.1; and 6.1; Class 3 and 8 hazardous materials to be loaded/unloaded using specially designed hoses in lieu of being attended by a qualified person during loading and unloading operations. Authorizes transportation in commerce of certain used diatomaceus earth filter material not subject to the HMR, except for shipping papers and certain marking requirements. Authorizes manufacture, marking, sale, and use of temperature controlled equipment for use in motor vehicles engaged in the transportation in commerce of Class 3 liquids or Division 2.1 gases. Authorizes use of video cameras and monitors to observe the loading incidental to movement or unloading incidental to movement of spent sulfuric acid in place of personnel remaining within 25 feet of a cargo tank motor vehicle. Authorizes manufacture, marking, sale, and use of temperature controlled equipment for use in motor vehicle transportation of Class 3 and Division 2.1 materials. Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\21JAR2.SGM 21JAR2 16 34 13 4 17 1 1 1 1 2 2 1 1 1 3 1 2 1 2 1 3646 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations TABLE 8—SPS SUITABLE FOR PROPOSED ADOPTION—Continued Permit No. Category Summary SP14822 ............ Operational Highway/Rail/ Shipper/Other. SP14827 ............ Operational Highway/Rail/ Shipper/Other. SP14840 ............ Operational Highway/Rail/ Shipper/Other. Holders Authorizes use of video cameras and monitors or instrumentation and signaling systems such as sensors, alarms, and electronic surveillance equipment, to observe the loading and unloading operations of hazardous materials from production control centers in lieu of personnel remaining within 25 feet of the cargo tanks. Authorizes use of video cameras and monitors to observe the loading incidental to movement or unloading incidental to movement of certain corrosive materials in place of personnel remaining within 25 feet of a cargo tank motor vehicle. Authorizes use of video cameras and monitors to observe the loading incidental to movement or unloading incidental to movement of certain Class 8 materials in place of personnel remaining within 25 feet of a cargo tank motor vehicle. 1 1 1 Non-Bulk Packaging Specifications/IBCs SP6614 .............. Non-Bulk Packaging Specifications/IBCs. SP8230 .............. SP9722 .............. Non-Bulk Packaging Specifications/IBCs. Non-Bulk Packaging Specifications/IBCs. SP11602 ............ Non-Bulk Packaging Specifications/IBCs. SP11624 ............ Non-Bulk Packaging Specifications/IBCs. SP12030 ............ Non-Bulk Packaging Specifications/IBCs. SP12335 ............ SP12920 ............ Non-Bulk Packaging Specifications/IBCs. Non-Bulk Packaging Specifications/IBCs. SP13052 ............ Non-Bulk Packaging Specifications/IBCs. SP13217 ............ Non-Bulk Packaging fications/IBCs. Non-Bulk Packaging fications/IBCs. Non-Bulk Packaging fications/IBCs. Non-Bulk Packaging fications/IBCs. Non-Bulk Packaging fications/IBCs. SP13548 ............ SP13796 ............ SP14137 ............ SP14213 ............ SpeciSpeciSpeciSpeciSpeci- SP14712 ............ Non-Bulk Packaging Specifications/IBCs. SP15235 ............ Non-Bulk Packaging Specifications/IBCs. SP15373 ............ mstockstill on DSK4VPTVN1PROD with RULES2 Authorizes use of polyethylene bottles placed in a polyethylene crate for transportation in commerce of certain Class 8 corrosive materials (NA1760, UN3266, UN3264, UN3265, UN1791, UN1789, and UN2796). Authorizes transportation in commerce of Packing Group I and II nitric acids in certain combination packagings. Authorizes manufacture, marking, sale and use of UN1H1 plastic drums to be used for transportation in commerce of nitric acid with not more than 40% nitric acid. Authorizes transportation in commerce of certain Division 4.3 materials contained in sift-proof closed bulk packagings. Water reactive solid, n.o.s. (contains magnesium, magnesium nitrides) 4.3, UN2813, PG II or III. Authorizes transportation in commerce by motor vehicle, rail freight and cargo vessel of certain waste paints and paint related materials, Class 3, in metal or plastic pails, packed in cubic yard boxes, dump trailers, and roll-off containers. Authorizes transportation in commerce of battery fluid, acid, packaged with a dry storage battery in a UN4G fiberboard box with a maximum gross weight not over 37.0 kg which exceeds the weight limitation. Authorizes transportation in commerce of certain Division 1.1D and 1.4D detonating cords without the ends being sealed in alternative packaging. Authorizes transportation in commerce of certain pyrophoric materials in a combination package consisting of UN1A2 outer package and a UN1A1 inner package. Authorizes manufacture, mark, sale and use of UN11G intermediate bulk containers (IBCs) for transportation in commerce of waste paint and related materials. Authorizes transportation in commerce of gasoline in non-DOT specification packages known as gasoline dispensers. Authorizes transportation in commerce of lead acid batteries and packages of battery acid (with two different UN numbers) on the same vehicle. Authorizes transportation in commerce of phosphorus, yellow, under water in alternate packaging. Authorizes transportation in commerce of certain hydrochloric acid solutions in UN31H1 or UN31HH1 intermediate bulk containers (IBCs). Authorizes manufacture, marking, sale and use of UN1H1 plastic drums to be used for transportation in commerce of nitric acid with not more than 40% nitric acid. Authorizes manufacture, marking, sale, and use UN11G fiberboard and UN13H4 woven plastic, coated and with liner flexible intermediate bulk containers (IBCs) for use as the outer packaging for certain Class 3 waste paints. Authorizes manufacture, mark, sale and use of UN 11G fiberboard intermediate bulk containers (IBCs) for use as the outer packaging for certain Class 3 waste paints and waste paint related material. Authorizes manufacture, mark, sale and use of the specially designed combination packagings for transportation in commerce of certain Class 4.3 materials without hazard labels or placards, with quantity limits not exceeding 25 grams. Non-Bulk Packaging Specifications/IBCs. IV. Public Comments In the NPRM, PHMSA welcomed comments concerning its proposed VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 amendments. Specifically, PHMSA was interested in comments from SP holders (both those deemed suitable and those PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 11 4 2 11 114 1 8 19 1 1 125 deemed not suitable for adoption) that are reviewed for this rulemaking. E:\FR\FM\21JAR2.SGM 21JAR2 1 1 1 1 1 1 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations For holders of SPs deemed suitable for adoption, PHMSA requested comment on our determination. We stated that we were particularly interested in comments that confirm or refute the suitability, safety, and general applicability of the SPs. PHMSA also solicited comments on the regulatory text proposed in this proceeding. Specifically, PHMSA was interested in comments that address whether the proposed regulatory text accurately encompasses the requirements of the SP. For holders of SPs deemed not suitable for adoption, PHMSA also requested comment on our determination. We stated that we were particularly interested in comments that confirm or refute the suitability, safety, and general applicability of the SPs. We asked that if you are a holder of a SP that was not proposed to be adopted but believe it should be, you should submit material to support such an argument. Specifically, PHMSA requested: • Information and arguments that support the proposed adoption including technical and scientific data; • The impact of the proposed adoption including cost and benefits; • The frequency of shipments made under the SP; • The frequency of hazardous materials incidents (such as those described in 3647 §§ 171.15 and 171.16) occurring during shipments made under the SP; and • Proposed regulatory text. Lastly, PHMSA requested comment as it considers a future proposed requirement for a SP applicant to provide potential regulatory text as part of each SP application. In response to the January 30, 2015 NPRM, PHMSA received 22 sets of public comments. All were supportive of PHMSA’s actions to reduce the number of active SPs. Specifically, commenters to the NPRM were as follows in Table 9: TABLE 9—NPRM COMMENTERS Docket reference (http://www.regulations.gov) Commenter PCTI Puerto Rico Inc. (PCTI) .................................................................................................................................. Pepsi Cola Sales and Distribution, Inc. (PCSD) ..................................................................................................... United Parcel Service (UPS) ................................................................................................................................... DS Container (DSC) ................................................................................................................................................ Mauser USA (Mauser) ............................................................................................................................................. Gulf Coast Chemical LLC (Gulf Coast) ................................................................................................................... Estes-Cox Corporation (Estes-Cox) ........................................................................................................................ Arkema Inc. (Arkema) .............................................................................................................................................. Veolia ES Technical Solutions, LLC (Veolia) .......................................................................................................... Council on Safe Transportation of Hazardous Articles (COSTHA) ........................................................................ Rigid Intermediate Bulk Container Association of North America (RIBCA–NA) ..................................................... Air Products and Chemicals, Inc. (Air Products) ..................................................................................................... Battery Council International (BCI) .......................................................................................................................... Institute of Makers of Explosives (IME) ................................................................................................................... The Chlorine Institute (CI) ....................................................................................................................................... Dangerous Goods Advisory Council (DGAC) ......................................................................................................... Eli Lilly and Company (Eli) ...................................................................................................................................... Consumer Specialty Products Association (CSPA) ................................................................................................ Council on Safe Transportation of Hazardous Articles (COSTHA) ........................................................................ Dow Chemical Company (Dow) .............................................................................................................................. American Coatings Association (ACA) .................................................................................................................... Barlen and Associates, Inc. (Barlen) ....................................................................................................................... mstockstill on DSK4VPTVN1PROD with RULES2 A. General/Administrative DSC expresses its concern about the disposition of SPs adopted into the HMR. It asks what happens to SPs once they are adopted into the HMR, and if there will be a phase-in period. DSC also asks, if the adoption of a SP is unacceptable to a grantee or grantees, will the SP still be an available option? It also asks will this rulemaking affect the application of future SPs. PHMSA notes that as the intention of this rulemaking is to adopt the provisions of certain SPs into the HMR, those affected SPs will be allowed to expire. However, PHMSA is providing a one-year effective date to allow current grantees sufficient time to transition from the provisions of their SPs to the new requirements being adopted into the HMR. In addition, if the adoption of a SP proves to be unacceptable to a VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 grantee, a renewal or modification in accordance with 49 CFR 107.121 will still be allowed. This rulemaking will not affect the application for future SPs as the requirements to apply for a SP are not being revised, and the SP program will continue as permitted by law. Air Products asks if PHMSA will provide a timeline/updates for ‘‘other’’ rulemaking proceedings that may have SPs under consideration for adoption in the HMR. PHMSA will continue to provide updates pertaining to other rulemaking proceedings that may have SPs under consideration for adoption into the HMR through its existing channels which include the semi-annual agenda, rulemaking activities, and Federal Register notices. In the NPRM, PHMSA solicited input regarding applicants being required to submit proposed regulatory text with SP applications. PHMSA acknowledges PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 PHMSA–2013–0042–003 PHMSA–2013–0042–004 PHMSA–2013–0042–006 PHMSA–2013–0042–007 PHMSA–2013–0042–009 PHMSA–2013–0042–010 PHMSA–2013–0042–011 PHMSA–2013–0042–013 PHMSA–2013–0042–015 PHMSA–2013–0042–016 PHMSA–2013–0042–017 PHMSA–2013–0042–018 PHMSA–2013–0042–019 PHMSA–2013–0042–020 PHMSA–2013–0042–021 PHMSA–2013–0042–022 PHMSA–2013–0042–023 PHMSA–2013–0042–024 PHMSA–2013–0042–025 PHMSA–2013–0042–026 PHMSA–2013–0042–027 PHMSA–2013–0042–028 mixed support from affected entities on this issue. For example, Veolia and Dow support adoption of such policy while COSTHA and ACA do not. IME supports such policy as an option for an applicant. IME is concerned that PHMSA will conduct SP reviews for potential adoption on a biennial basis rather than an annual basis as implied through MAP–21 legislation. As noted elsewhere in this preamble, PHMSA intends to perform SP evaluations on an annual basis; however, rulemaking actions as a result may take more time as necessary. Lastly, PHMSA’s final regulations issued in its final rule entitled ‘‘Hazardous Materials: Special Permit and Approvals Standard Operating Procedures and Evaluation Process,’’ under Docket No. PHMSA–2012–0260 (HM–233E; 9/10/15, 80 FR 54418, FR Doc. 2015–22617), contain minor E:\FR\FM\21JAR2.SGM 21JAR2 3648 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations editorial errors in two definitions in adopted in § 107.1 concerning special permits and approvals. PHMSA is correcting those definitions in this final rule. B. Cylinders—General No comments were received regarding the SPs proposed for adoption under this category. PHMSA did, however, receive comments requesting reconsideration of certain SPs not proposed for adoption. mstockstill on DSK4VPTVN1PROD with RULES2 Comments Requesting Reconsideration COSTHA requests that reconsideration be given to adopt portions of SPs 12726 and 15277 (aircraft fire extinguishers) to allow them to be described in transportation as UN1044, Fire extinguishers. PHMSA notes this issue is under consideration in another rulemaking action under docket PHMSA–2011–0140 (RIN 2137– AE80 (HM–234)). COSTHA also requests that reconsideration be given to adopt SP 10898 in § 173.306(f) related to accumulators. Because neither SP was proposed for adoption in the NPRM, neither SP is being adopted in this final rule. C. Cylinders—NDT/Aerosols CSPA is supportive of the adoption of SP 11296 and its expansion beyond flammable aerosols only (as proposed in the NPRM). CSPA and DSC generally support adoption of SP 12573 (and the consolidation with SP 13581) as proposed. They are, however, concerned with the supposed arbitrary increase in reference temperature and pressure with the new DOT 2Q1 standard currently authorized for refrigerant gases in § 173.304. DSC suggests a single requirement of 210 psig at 55 °C (131 °F). It also suggests that such arbitrary actions if adopted could increase the number of SP applications submitted as a result. PHMSA recognizes the commenters’ concerns; however, changing the reference temperature for the refrigerant gases to 54.4 °C (130 °F) would make section 173.304(d) inconsistent with the other sections for the filling of gases. As noted in the NPRM, PHMSA sought to have consistency where some sections referred to 54.4 °C (130 °F) and some to 55 °C (131 °F). PHMSA is therefore keeping the reference temperature used for maximum pressure in a container at 55 °C (131 °F) as proposed in the NPRM. In order to address the commenters’ concerns, PHMSA is raising the proposed maximum pressure authorized in the new DOT 2Q1 container to 210 psig at 55 °C (131 °F) as authorized in VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 §§ 173.304 and 173.306. The burst pressure of the DOT 2Q1 will have to be raised slightly accordingly to provide for the same safety factor. This will be discussed in a later section. CSPA and DSC generally support adoption of the consolidated SPs 7951, 13601, and 14503 as proposed. They are again, however, concerned with the increase in reference temperature and pressure. CSPA is also concerned that the new relationship proposed between a pressure relief device (PRD) and an end expansion device, and the arbitrary upper boundaries adopted should instead be simply required to operate prior to burst. CSPA and DSC suggest as an alternative that ‘‘the requirement could be defined differently for an end expansion device specifically versus the PRD using the language in SP 13601 that requires that the end buckle before burst and that the container not burst below 270 psig.’’ CSPA and DSC correctly point out that the methodology used in the ‘‘if/ then’’ table for the use of a DOT 2P or DOT 2Q aerosol on page 5439 [of the NPRM] is actually reversed and would lead to not allowing (by choice) a higher integrity container as a result. PHMSA agrees with the commenters and is revising the tables in § 173.306 accordingly. CSPA generally supports adoption of the new DOT 2Q1 container as proposed. DSC suggests that the new DOT 2P1 specification should be limited to refrigerated foodstuffs only as prescribed in SPs 13601, 14503, and 7951. Further, DSC recommends that the new DOT 2P1 specification not be expanded to authorize Division 2.1 flammable gases. However, in its comments, DSC does not provide support as to why the new DOT 2P1 specification should be limited to refrigerated foodstuffs and Division 2.2 (nonflammable) gases only. DSC recommends that foodstuffs in refrigerated DOT 2P1 cans be excepted, as they currently are under the SPs, from the hot water bath test. PHMSA notes that refrigerated foodstuffs in aerosol cans under § 173.306(b) will continue to be excepted from hot water bath testing when the three SPs are adopted in the HMR. CSPA supports consolidation of SPs 14429, 14623, 14625, 14627, 14723, 14724, 14786, 14842, 14887, 14953, 15135, 15265, 15427, and 15972 (hot water bath test alternative), SP 14440 (weight test), and SP 14544 (weight and leakage test) as proposed. DSC is concerned as to what will happen to SPs once adopted into the HMR and whether there will be a phase- PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 in period. It asks because of substantial costs and other impacts due to relabeling of product, etc. Dow and CSPA support adoption of SP 12995, with Dow asking that sufficient time be allotted to deplete existing inventory. In response, PHMSA notes there is a one-year transition period provided to affected entities in this final rule. Further, as prescribed in § 173.23(h), a packaging that is permanently marked with a SP number, ‘‘DOT–SP’’ or ‘‘DOT– E,’’ for which the provisions of the SP have been incorporated into the HMR may continue to be used for the life of the packaging without obliterating or otherwise removing the SP number. Comments Requesting Reconsideration CSPA strongly asserts that reconsideration should be given to adopting SP 11516, which authorizes transportation in commerce of aerosols that do not meet the HMR definition of an aerosol (e.g., expels propellant only). CSPA suggests that PHMSA should adopt the international United Nations (UN) and the Globally Harmonized System (GHS) definition of an aerosol. In its comments, CSPA claims that DOT committed to adopting the international aerosol definition while it was involved with developing the GHS flammability standard. CSPA also states ‘‘it is vitally important that DOT maintain 11516 (and other related SPs) as is.’’ Although PHMSA appreciates the comments pertaining to SP 11516, until such a time that PHMSA participates in an open and transparent debate on this issue (redefining the term ‘‘aerosol’’), SPs such as SP 11516 and the like will remain valid under current policy and definitions. D. Cargo Tanks/Rail Cars/Portable Tanks No comments were received regarding the SPs proposed for adoption under this category. PHMSA did, however, receive comments requesting reconsideration of certain SPs not proposed for adoption. Comments Requesting Reconsideration In its comments, The Chlorine Institute (CI) recommends that reconsideration be given to adopt SP 9694 and 10457. These SPs authorize the transportation in commerce of chlorine contained in MC 331 cargo tanks equipped with angle valves, excess flow valves and pressure relief valves not presently authorized in the HMR. Because neither SP was proposed for adoption in the NPRM, neither SP is being adopted in this final rule. In its comments, The CI recommends that reconsideration should be given to E:\FR\FM\21JAR2.SGM 21JAR2 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations adopt SP 15647. This SP authorizes the retesting of certain DOT specification and non-DOT specification multi-unit tank car tanks without approval from the Association of American Railroads (AAR). PHMSA notes that SP 15647 is under consideration for adoption into the HMR in a separate advance notice of proposed rulemaking (ANPRM) under docket PHMSA–2012–0082 (HM–251). Lastly, the CI recommends that reconsideration should be given to adopt SP 9166 and SP 11903 under Petition for Rulemaking (P–1608) and related SPs 10878, 12516, 14275, 14277, 14779, and 15552. These SPs authorize the manufacture, marking, sale, and use of a non-DOT specification glass fiber reinforced plastic (GFRP) cargo tank conforming with all regulations applicable to a DOT specification 407/ 412 for transportation in commerce of certain hazardous materials. PHMSA notes it is working to develop a uniform standard for FRP cargo tanks and will address this issue in a future rulemaking. mstockstill on DSK4VPTVN1PROD with RULES2 E. Operational Air/Vessel COSTHA supports future consideration of SP 11110 under Petition for Rulemaking P–1610. As previously noted, COSTHA submitted a petition for rulemaking under P–1610 to adopt the provisions of SP 11110 into the HMR. This SP authorizes cargo aircraft operators to stow Division 1.4S and Class 8, PG III materials in inaccessible cargo locations in excess of the limitations specified in § 175.75(c). This petition has been accepted by PHMSA for consideration in a future rulemaking; however, more time is needed to research the potential impact of changes to § 175.75 and to coordinate this review with the appropriate parties, including our modal partners. Based on comments from PCSD, proposed Special provision ‘‘W11’’ in § 172.102 is being replaced by revising § 176.800(a) to allow Class 8 (corrosive) materials that are also foodstuffs or foodstuff ingredients intended for human consumption to not be considered incompatible for segregation purposes in conformance with SP 11691. Comments Requesting Reconsideration Some commenters recommended that reconsideration be given to adopt SP 11502 (use of International Civil Aviation Organization Technical Instructions (ICAO TI) for highway shipments). In their comments, COSTHA and UPS firmly support adoption and provide justification as to why the SP should be adopted. However, PHMSA notes SP 11502 is VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 under consideration for adoption into the HMR in a separate, broader, and yet unassigned air-specific rulemaking action. Arkema recommends that reconsideration should be given to adopt SP 12879 into the HMR. This SP authorizes the transport of IBCs containing combustible liquids without placards or identification numbers in sealed freight containers consigned for export. Because SP 12879 was not proposed for adoption in the NPRM, the SP is not being adopted in this final rule; however, we may reconsider its codification in a future proceeding as appropriate. F. Operational Highway/Rail/Shipper/ Other PHMSA acknowledges COSTHA’s support for the adoption of petitions for rulemaking P–1607 (SP 11458) and P– 1611 (SP 11470) into the HMR in this proceeding. IME supports the adoption of SP 4850 as proposed. This SP authorizes the transportation in commerce by motor vehicle, rail freight, cargo vessel, and cargo aircraft of limited quantities of certain approved explosive articles (UN0237, charges, shaped, flexible, linear; and UN0104, cord, detonating, mild effect or fuse, detonating, mild effect metal clad) re-classed as Division 1.4D in prescribed packagings, subject to certain special provisions. Veolia supports the adoption of SP 11055. Further, Veolia supports adoption of SP 11470 with one major modification—the HMR should not be limited to ‘‘expired’’ products but rather should include all consumer commodities shipped for disposal/ recycling under manufacturer recalls, off-spec/unwanted/unneeded product, etc. PHMSA agrees with Veolia and is revising § 173.306(k) accordingly. COSTHA and DGAC support the adoption of SPs 11352, 12207, 12306, 13165, and 14945. However, according to COSTHA, the proposed regulatory text in § 177.820 appears to be more restrictive than the exceptions currently in § 171.1(d)(4). After further consideration, we agree with COSTHA and are not adopting the five SPs in this final rule as proposed in the NPRM. Dow supports the adoption of SP 9874, SP 14822, and the eight related SPs. In its comments, Dow supports codification of the SPs but has specific concerns: (1) SP 9874 and 14822 authorize instrumentation and signaling systems such as sensors, alarms, and electronic surveillance equipment in addition to video monitoring; (2) SP 9874 and 14822 do not require a video camera with a ‘‘motorized zoom lens PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 3649 capable of panning and zooming from the remote control station’’; (3) SP 9874 and 14822 do not require that the view capability must include the entire containment area; and (4) Dow wants assurance that the attendance requirements in § 177.834 (i) apply to motor carriers only. We agree that Dow’s comments have merit and, in this final rule, except for number (4), the regulatory text in § 177.834(i) is revised accordingly. Regarding issue number (4), long-standing interpretations preclude the need to revise the attendance applicability provisions of the HMR. As a result of Dow’s concerns, § 177.834 (i) is revised accordingly in this final rule. In its comments, Eli expresses it support for the adoption of SP 14150 in § 177.834(i)(3)(ii) as proposed. SP 14150 authorizes use of video cameras and monitors to observe the loading and unloading operations of certain Class 3 and Class 8 hazardous materials from a remote control station in place of personnel remaining within 7.62 meters (25 feet) of cargo tank motor vehicles. Lastly, PCTI supports adoption of SP 11352 as proposed in § 177.820. Veolia supports the adoption of SP 11043. However, it notes that the regulatory text proposed in § 177.840(a)(3)(i) should be revised to require a 4-foot separation rather than a 5-foot separation for consistency with the segregation spacing requirements found in § 173.12(e). We agree with Veolia’s comment and are revising § 177.840(a)(3)(i)(C) accordingly. Veolia supports adoption of SP 11984 with one major modification—the HMR should require flame-proof outer packaging for chemical oxygen generators shipped with only one positive means of preventing unintentional activation as expressed in concern for equivalent level of safety in proposed SP modification in August 2011. After additional review, in this final rule, we are adopting the provisions of SP 11984 as proposed into § 173.168. In the NPRM, PHMSA proposed to add Special Provision 383 to adopt SP 11356. This SP authorizes certain materials meeting the conditions for high viscosity flammable liquids specified in § 173.121(b)(1)(i), (b)(1)(ii), and (b)(1)(iv), to be reassigned to Packing Group (PG) III for transportation by motor vehicle. The SP prescribes packaging, capacity limitations, and load securement requirements. We proposed to adopt the provisions of the SP in its entirety in this new special provision for the following entries: Coating solution (UN1139, PG II) and paint (UN1263, PG II). In its comments, E:\FR\FM\21JAR2.SGM 21JAR2 3650 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES2 ACA requests that PHMSA expand the materials authorized for reclassification to include: (1) UN1866, Resin solution, PG II; (2) UN1210, Printing ink, PG II; and (3) UN1133, Adhesives, PG II. We agree with ACA and are revising the HMT for the requested entries accordingly. In the NPRM, we proposed to add a new paragraph (h) to § 173.12 to adopt the provisions of SP 11470 in its entirety. In its comments, ACA is concerned that ‘‘stretch-wrapped’’ pallets would not be able to take advantage of the exceptions provided for ‘‘shrink-wrapped’’ pallets. Further, ACA suggests that the proposed regulatory text limits the type of packages to ‘‘boxes.’’ We agree and are revising § 173.12(h) to explicitly allow ‘‘stretch-wrapped’’ pallets and any authorized type of packaging. Section 174.67 establishes specific operational requirements for railroad tank car unloading. For combustible liquids or Class 3 liquid petroleum distillate fuels, SP 12002 authorizes clearing frozen liquid blockages from the outlet by attaching a fitting to the outlet line and applying nitrogen at a pressure of 50 to 100 psi. In the NPRM, we proposed to revise paragraph (g) to § 174.67 to adopt the provisions of SP 12002 in its entirety. In its comments, ACA recommends that the use of nitrogen should be permitted ‘‘at a pressure of up to 100 psi’’ for clarity. We agree with ACA and are revising § 174.67(g) accordingly. In its comments, DGAC supports adoption of SP 11666 as § 172.102(c)(1), Special Provision 384. It does, however, comment on the use of the word ‘‘sifting’’ which should actually be ‘‘shifting’’ and, further, the SP permits stacking two or more levels high to achieve maximum allowable utilization of the designated vehicle, rail car weight, or intermodal freight container weight or vessel hold volume. We agree with DGAC’s comments and the special provision is revised accordingly. DGAC supports the adoption of SP 14525 and correctly points-out some discrepancies in preamble discussion of its adoption in new § 172.102(c)(3), Special Provision B130. We agree with DGAC’s comments and revise the preamble discussion and regulatory text accordingly. Comments Requesting Reconsideration IME and COSTHA firmly support that reconsideration should be given to adopt SP 14282. This SP authorizes transportation in commerce of certain detonators, detonator assemblies, detonators for ammunition, detonating fuses and igniting fuses on the same VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 motor vehicle with any other Class 1 explosives. Because SP 14282 was not proposed for adoption in the NPRM, the SP is not being adopted in this final rule. Veolia comments that reconsideration should be given to adopt SP 12998. This SP authorizes the transportation in commerce of lab packs containing materials that are not waste materials by private or contract carrier from one laboratory to another within the same company. Because SP 12998 was not proposed for adoption in the NPRM, the SP is not being adopted in this final rule. Veolia comments that reconsideration should be given to adopt SP 12102. This SP authorizes transportation in commerce of certain unapproved desensitized explosives. Because SP 12102 was not proposed for adoption in the NPRM, the SP is not being adopted in this final rule. Veolia comments that reconsideration should be given to adopt SP 13179. This SP authorizes transportation in commerce of certain approved lighters which have been removed from their inner packaging and are being sent for disposal. Because the SP indicated Code 5 (already adopted or otherwise covered under current regulations as the reason it was considered not suitable for adoption), Veolia asserts PHMSA will terminate the SP and therefore, its provisions either need to be adopted into the HMR in this rulemaking or the SP should not be terminated. We sincerely apologize for any confusion this may have caused as we mistakenly miscoded SP 13179 in the NPRM. In hindsight, SP 13179 should have been a Code 2 or 3 as not suitable for adoption. Further, because SP 13179 was not proposed for adoption in the NPRM, the SP is not being adopted in this final rule nor do we intend to terminate it at this time. For highway transportation by private carrier, SP 11197 provides relief from the requirement to display the limited quantity marking on packages containing materials assigned to PG II and III and prepared in accordance with the limited quantity requirements in Part 173. In its comments, ACA claims the regulatory text is not clear regarding its application but did not provide alternative language. Consequently, the language is adopted as proposed. Gulf Coast, RIBCA–NA, and CI recommend that reconsideration should be given to adopt SP 12412 into the HMR as there are 322 companies as grantees. This SP authorizes discharge of liquid hazardous materials from certain UN intermediate bulk containers (IBCs) and DOT specification 57 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 portable tanks without removing them from the vehicle on which they are transported. Because SP 12412 was not proposed for adoption in the NPRM, the SP is not being adopted in this final rule. Estes-Cox firmly supports the adoption of SP 7887 and comments that reconsideration should be given. This SP authorizes certain Class 1 articles in small amounts to be reclassed as Division 4.1 flammable solid, organic, n.o.s. It applies to small ‘‘single-use expendable’’ or ‘‘reloadable’’ rocket motors first classed as Division 1.4C or 1.4S (NA0323 or NA0276) shipped with or without their igniters classed as Division 1.4G or 1.4S under § 173.56. Because SP 7887 was not proposed for adoption in the NPRM, the SP is not being adopted in this final rule. G. Non-Bulk Packaging Specifications/ IBCs IME supports the adoption of SP 12335, which authorizes transportation in commerce of certain Division 1.1D and 1.4D detonating cords without the ends being sealed in alternative packaging. SP 8230 authorizes the transportation in commerce of PG I and II nitric acids in certain combination packagings by motor vehicle, rail freight, cargo vessel and cargo-only aircraft. Specifically, ‘‘Nitric acid, other than red fuming, with more than 70% nitric acid’’ and ‘‘Nitric acid, other than red fuming, with not more than 70% nitric acid’’ is authorized to be transported in inner plastic bottles in rigid foam plastic receptacles or plastic bags lined with absorbent material in outer packagings. In its comments, UPS supports adoption of SP 8230 in § 173.158(j) as proposed. Section 173.158 provides general requirements and exceptions for shipments and packagings of nitric acid. In the NPRM, we proposed to establish a new paragraph (i) to authorize ‘‘Nitric acid of up to 40% concentration’’ in a UN1H1 non-removable head plastic drums with certain conditions as prescribed in SP 14213. In its comments, Mauser questioned why SP 9722 was not also proposed for adoption as it is identical to Greif’s SP 14213. After additional review, we agree and in this final rule are also adopting the provisions of SP 9722 into § 173.158 accordingly. DGAC supports the adoption of SP 9610 with edits. However, the SP was revised in November 2014 after review of the SPs as part of this proceeding. We agree with the revisions made to the SP. Therefore, in this final rule, we are revising new paragraph § 173.29(f) to address the DGAC edits and the 2014 E:\FR\FM\21JAR2.SGM 21JAR2 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations V. Section-by-Section Review by Topic Area Comments Requesting Reconsideration mstockstill on DSK4VPTVN1PROD with RULES2 revisions to the SP, specifically, to include fiberboard boxes as authorized packagings for empty packagings containing the residue of smokeless powders. Section 172.102—Special Provisions Section 172.102(c) lists special provisions applicable to specific entries in the Hazardous Materials Table (HMT). Special provisions may contain packaging requirements, conditions or limitations, and exceptions applicable to particular quantities or forms of hazardous materials. In general, non-bulk packagings must be marked with an identification number and proper shipping name and bear labels communicating the hazard of the material contained in the package. SP 13544 authorizes the transportation in commerce of DOT Specification 4BA240 cylinders containing liquefied petroleum gas (LPG) and propane and/ or residue of LPG or propane without hazard warnings (i.e., hazard communication) provided the materials are transported in a closed and placarded transport vehicle. This SP supports the propane cylinder exchange programs that accept expended cylinders in exchange for full cylinders. Cylinders collected during the course of these programs may not always bear the appropriate hazard markings and labels as required by the HMR. SP 13544 prescribes certain operational controls to ensure appropriate hazard communication, driver training, and appropriate securement of the cylinder on the transport vehicle. In this final rule, PHMSA is adopting SP 13544 as proposed by adding new Special Provision, ‘‘N95’’ to § 172.102(c)(5) that excepts cylinders containing UN1075, Liquefied petroleum gas and UN1978, Propane from marking the identification number and proper shipping name or bear hazard labels provided certain conditions are met. Because we did not receive public comment on this amendment, supportive or otherwise, it is adopted as proposed in the NPRM. IME and COSTHA firmly support that reconsideration should be given to adopt SP 8451. This SP authorizes transportation in commerce of not more than 25 grams of solid explosive or pyrotechnic material, including wastecontaining explosives that have an energy density not significantly greater than that of pentaerythritol tetranitrate (PETN), classed as Division 1.4E, when packed in a special shipping container. Because SP 8451 was not proposed for adoption in the NPRM, the SP is not being adopted in this final rule. IME firmly supports that reconsideration should be given to adopt SP 10880. This SP authorizes the transportation in commerce of ammonium nitrate-fuel oil mixture (ANFO), Division 1.5, in reusable, flexible intermediate bulk containers (IBCs) type UN 13H3 or UN 13H4 conforming to Subpart N and O of Part 178. Because SP 10880 was not proposed for adoption in the NPRM, the SP is not being adopted in this final rule. IME and COSTHA firmly support that reconsideration should be given to adopt SP 11156. This SP authorizes transportation in commerce of NA0331, UN1942 and UN0331 in non-DOT specification multi-wall plastic-lined paper bags. Because SP 11156 was not proposed for adoption in the NPRM, the SP is not being adopted in this final rule. SP 11624 was not proposed for adoption in the NPRM. The SP is in its fifteenth revision and has 114 grantees. The SP authorizes transportation in commerce of certain waste Class 3 paint and paint related material (UN1263; PG II and PG III) contained in metal or plastic pails further packed in nonspecification bulk packagings such as cubic yard boxes, plastic rigid-wall bulk containers, dump trailers, and roll-off containers. In their comments, Veolia, ACA, and DGAC provided substantial justification why reconsideration should be given to adopt SP 11624 into the HMR. Therefore, after revaluation, SP 11624 and three related packaging SPs (i.e., SP 13052, SP 14712, and 15235) are adopted as new § 172.102(c)(3), Special Provision B131. VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 A. Cylinders—General Part 172 Section 172.400a Section 172.400a provides exceptions or alternatives to the HMR labeling requirements under specific circumstances. One such alternative permits the use of a neckring marking, under certain conditions, in accordance with the Compressed Gas Association (CGA) Pamphlet C–7, Guide to Preparation of Precautionary Labeling and Marking of Compressed Gas Containers, Appendix A, 8th Edition (2004). Section 172.400a permits the use of a CGA Pamphlet C–7 marking in lieu PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 3651 of the required 100 mm x 100 mm square-on-point labels on a Dewar flask meeting the requirements in § 173.320 and on cylinders containing Division 2.1, 2.2, and 2.3 materials that are not overpacked. SP 14251 authorizes the transportation of overpacked cylinders, containing Class 2 materials, with CGA C–7 neckring markings provided the overpack is labeled in accordance with § 172.400. Additionally, the CGA petitioned PHMSA (under petition P– 1521) to allow cylinders to display the neckring marking even when overpacked. The petition, if adopted, would still require the overpack to display the 100 mm x 100 mm squareon-point labels in accordance with 49 CFR Part 172, Subpart E. The marking prescribed in Appendix A to CGA Pamphlet C–7 provides useful information in a clear and consistent manner and its widespread use on cylinders over the course of several years has enhanced its recognition. The adoption of SP 14251 and CGA’s petition would provide greater flexibility for shipments of cylinders while ensuring adequate hazard communication. Therefore, PHMSA is revising as proposed § 172.400a by authorizing the transportation of overpacked cylinders marked in accordance with CGA Pamphlet C–7 provided the overpacks are properly labeled. Part 173 Section 173.181 Section 173.181 prescribes authorized packagings for the transportation of pyrophoric materials (liquids). SP 14419 authorizes the use of DOT Specification 3AL cylinders constructed from aluminum alloy 6061–T6 for the transportation of pyrophoric liquids provided: (1) The cylinders are constructed of 6061–T6 aluminum; (2) have a minimum marked service pressure of 1800 psig; (3) have a maximum water capacity of 49 liters; and (4) any preheating or heating of the cylinders is limited to a maximum temperature of 175 °F. In this final rule, PHMSA is revising § 173.181(a) as proposed to permit the use of DOT Specification 3AL cylinders constructed from aluminum alloy 6061–T6, with the same specified conditions for the transport of pyrophoric materials. Section 173.193 Section 173.193(b) requires that ‘‘Bromoacetone, Methyl bromide, Chloropicrin and Methyl bromide mixtures, Chloropicrin and Methyl chloride mixtures, and Chloropicrin E:\FR\FM\21JAR2.SGM 21JAR2 3652 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES2 mixtures charged with non-flammable, non-liquefied compressed gas be packaged in DOT Specification 3A, 3AA, 3B, 3C, 3E, 4A, 4B, 4BA, 4BW, or 4C cylinders having not over 113 kg (250 pounds) water capacity (nominal).’’ SP 12301 authorizes the transportation in commerce of Chloropicrin and Methyl bromide mixtures in DOT 4BW cylinders with water capacity (nominal) not over 454 kg (1,000 pounds). In this final rule, PHMSA is adopting as proposed the revisions to § 173.193(b) that allow for Chloropicrin and Methyl bromide mixtures to be packaged in DOT specification 4BW cylinders with a water capacity of not over 454 kg (1,000 pounds). Section 173.301 Section 173.301 prescribes the general requirements for the use of cylinders including a list of authorized cylinders, general filling requirements, valve protection, and pressure relief device requirements. In the NPRM, we proposed revisions that would amend certain pressure relief device requirements and permit the use of valve caps made from a material other than metal as authorized under the terms of three SPs. SP 13318 authorizes the transportation in commerce of DOT Specification 39 cylinders of 75 cubic inches or less volume, without the PRD in direct communication with the vapor space. PHMSA proposed to amend paragraph (f)(2) to state that this provision does not apply to cylinders of 75 cubic inches or less in volume filled with a Liquefied petroleum gas, Methyl acetylene and Propadiene mixtures, stabilized, Propylene, Propane or Butane. Because we did not receive public comment on this amendment, supportive or otherwise, it is adopted as proposed in the NPRM. SP 8074 provides an exception from the PRD requirements for a DOT Specification 3E cylinder up to 12 inches long and 2 inches in diameter when filled with the following gases and associated quantity limits: Carbon dioxide, liquefied 0.24L (8 oz.), Ethane 0.12L (4 oz.), Ethylene (4 oz.), Hydrogen chloride, anhydrous 0.24L (8 oz.), Nitrous oxide 0.24L (8 oz.), Vinyl fluoride, stabilized 0.24L (8 oz.) and Monochlorotrifluoromethane 0.35L (12 oz.). In the NPRM, PHMSA proposed to create an additional exception to PRD requirements for DOT–3E cylinders under limited circumstances in new paragraph § 173.301(f)(7). Because we did not receive public comment on this amendment, supportive or otherwise, it is adopted as proposed in the NPRM. VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 SP 12782 authorizes plastic valve protection caps for certain Division 2.1, 2.2, and 2.3 materials when the valve protection is sufficient to prevent leakage when the cylinder, with the valve installed, is dropped from 2.0 m (7 ft) or more onto a non-yielding floor, impacting the valve assembly or cap at the orientation most likely to cause damage. The HMR require that each cylinder with a valve must have a protective metal cap, other valve protection device, or an overpack which is sufficient to protect the valve from damage during transportation. In the NPRM, PHMSA proposed to amend §§ 173.40(d) and 173.301(h) to allow for the new valve protection standard, including the valve cap, to be made from plastic as authorized in SP 12782. Because we did not receive public comment on this amendment, supportive or otherwise, it is adopted as proposed in the NPRM. Section 173.302a Sections 173.302, 173.302a, 173.304 and 173.304a prescribe additional requirements for the transport of nonliquefied (permanent) and liquefied compressed gases in DOT specification cylinders. These requirements include authorized cylinders and filling limits. Section 173.302a(b) states that a DOT 3A, 3AA, 3AX, 3AAX, and 3T cylinder may be filled with a compressed gas, other than a liquefied, dissolved, Division 2.1, or Division 2.3 gas, to a pressure 10% in excess of its marked service pressure, subject to certain criteria. SP 6530 authorizes the transport in commerce of hydrogen and mixtures of hydrogen with helium, argon, or nitrogen, in certain cylinders filled to 10% in excess of their marked service pressure. In the NPRM, PHMSA proposed to add a new paragraph (c) to include this exception and to redesignate the other paragraphs in this section to reflect this addition. Because we did not receive public comment on this amendment, supportive or otherwise, it is adopted as proposed in the NPRM with the exception of an editorial correction. In the NPRM, paragraph (c)(3)(ii) stated that cylinders manufactured with chrome moly steel must have been normalized. The paragraph has been corrected to state that the steel must have been quenched and tempered, not normalized. In addition the paragraph (c)(4) the term safety relief devices has been corrected to pressure relief devices for consistency with current regulations. PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 Section 173.304a In § 173.304a(a)(2), a table provides the maximum filling densities and permissible cylinder types for certain named gases. Currently, § 173.304a(a)(2) permits a maximum filling density of 68% for carbon dioxide and nitrous oxide in DOT 3, DOT 3HT2000 and DOT 39 cylinders, and DOT 3A, 3AA, 3AX, 3AAX, 3E, 3T, and 3AL cylinders with a marked service pressure of 1800 psi. SP 13599 authorizes additional maximum filling densities for carbon dioxide and nitrous oxide to include 70.3%, 73.2%, and 74.5% respectively in DOT 3A, 3AA, 3AX, 3AAX, 3AL, and 3T cylinders with marked service pressures of 2000, 2265, and 2400 psig, subject to operational controls. Air Products and Chemicals Inc. (Air Products) submitted a petition for rulemaking (P–1560) requesting PHMSA revise § 173.304a(a)(2) to adopt the provisions of SP 13599. In the NPRM, PHMSA proposed to modify the entries currently in the table in § 173.304a(a)(2) to add additional filling densities for carbon dioxide and nitrous oxide. Because we did not receive public comment on this amendment, supportive or otherwise, it is adopted as proposed in the NPRM. Part 180, Subpart C Qualification, Maintenance and Use of Cylinders The HMR prescribe requirements for the continuing qualification, maintenance, and periodic requalification of DOT specification cylinders, DOT SP cylinders, and UN pressure receptacles. These requirements ensure that cylinders conform to the appropriate specification and compromised cylinders are not filled with hazardous materials. The discussion of the proposed amendments includes a section-by-section review of the current requirements, and a brief discussion of SPs considered for adoption and proposed amendments. Section 180.209 Paragraph (e) of § 180.209 authorizes a proof pressure test in lieu of the volumetric expansion test for 4B, 4BA, 4BW, or 4E cylinders protected with a corrosion resistant coating and used exclusively for the gases specified in that paragraph. SP 12084 expands the list of authorized gases in paragraph (e). These gases include refrigerated and liquefied gases similar to those already permitted by § 180.209(e). In the NPRM, PHMSA proposed to adopt the provisions in SP 12084 by removing the list of authorized E:\FR\FM\21JAR2.SGM 21JAR2 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations gases and authorizing the use of the proof pressure test for DOT–4B, 4BA, 4BW, or 4E cylinders protected externally by a suitable corrosion resistant coating and used exclusively for non-corrosive gases. The authorized specifications limit the total pressure in the cylinder to 500 psi or less. Because we did not receive public comment on this amendment, supportive or otherwise, it is adopted as proposed in the NPRM. Section 180.213 Cylinders requalified in accordance with the HMR must bear requalification markings in accordance with § 180.213. As provided in § 180.213(c), ‘‘The depth of requalification markings may not be greater than specified in the applicable specification. The markings must be made by stamping, engraving, scribing or other method that produces a legible, durable mark.’’ SP 14937 allows the use of a label embedded in epoxy in lieu of other methods prescribed in § 180.213. In the NPRM, PHMSA proposed to amend paragraph (c) to allow the use of a label embedded in epoxy in lieu of stamping provided the marking is legible and durable. Because we did not receive public comment on this amendment, supportive or otherwise, it is adopted as proposed in the NPRM. B. Cylinders—Non-Destructive Testing/ Aerosols mstockstill on DSK4VPTVN1PROD with RULES2 Part 173 Section 173.304 Section 173.304 prescribes requirements for the filling of cylinders with liquefied compressed gases. Paragraph (d) of this section provides for authorized containers for the filling of cylinders with refrigerant and dispersant gases. Current regulations authorize these gases in DOT 2Q nonrefillable metal containers. SP 12573 authorizes a refrigerant gas R 134a, (UN3159), in a non-DOT specification container similar to a DOT 2Q container with a maximum allowable pressure for the contents of 198 psig at 54.4 °C (130 °F). In the NPRM, we differed marginally from the SP and proposed to adopt a maximum pressure threshold of 200 psig at 55 °C (131 °F) for the container’s contents. We indicated there was no safety basis for the 200 psig ceiling other than we believed it was a cleaner cutoff point than the 198 psig maximum found in the SP. In addition, as part of the variation on the design of a DOT 2Q container, we proposed the modified container would be marked as a ‘‘DOT 2Q1.’’ VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 Current regulations require that the pressure of the contents of the metal containers not exceed 87 psig at 21 °C (70 °F). In the NPRM, we invited comment on whether the requirement for a maximum pressure should be specified at 21 °C (70 °F) for the 2Q1 container in addition to the limit at 55 °C (131 °F). If so, we invited comment on what the upper limit should be for a typical refrigerant or dispersant gas such as 1,1,1,2 Tetrafluoroethane, R134a. In its comments, DSC suggests a single requirement of 210 psig at 55 °C (131 °F). It also suggests that such arbitrary actions if adopted could increase the number of SP applications submitted as a result. PHMSA recognizes the commenters concerns, however, changing the reference temperature for the refrigerant gases to 54.4 °C (130 °F) would make section 173.304(d) inconsistent with the other sections for filling of gases. As noted in the NPRM, PHMSA sought to have consistency where some sections referred to 54.4 °C (130 °F) and some to 55 °C (131 °F). In order to address the commenters concerns, PHMSA is raising the proposed maximum pressure authorized in the new DOT 2Q1 container to 210 psig at 55°C (131 °F) as authorized in §§ 173.304 and 173.306. The burst pressure of the DOT 2Q1 will have to be slightly raised accordingly to provide for the same safety factor. This will be discussed in a later section. See the associated discussion in the comments received from Dow earlier in this preamble. Section 173.306 Section 173.306 prescribes the general requirements and exceptions for limited quantities of compressed gases. In the NPRM, we proposed numerous changes to this section. The proposed changes and resolutions are discussed in the following. Conforming Revisions Throughout § 173.306 of the HMR and within related SPs that provide exemptions from these regulations for gases, pressure standards are indicated at either 130 °F or 131 °F. In the interest of consistency and conformity with the general requirements for compressed gases in § 173.301 and 173.301a, in the NPRM we proposed to change all references of 54.4 °C (130 °F) to 55 °C (131 °F). We invited comment on whether there would be any negative impacts in making this conforming change. We also proposed making revisions to the construction and formatting of how this section is presented (e.g., insertion of an ‘‘if, then’’ PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 3653 table) in an effort to make the requirements more reader-friendly. Authorized Metal Containers DOT 2P Inner Nonrefillable Metal Containers Under § 173.306, limited quantities of foodstuffs or soaps with soluble or emulsified compressed gas are authorized in nonrefillable metal or plastic containers. The paragraph (b)(1) introductory text authorizes these containers subject to a pressure not to exceed 140 psig at 54.4 °C (130 °F). SP 13601 and SP 14503 authorize the transportation of ‘‘UN1950, Aerosols, non-flammable (each not exceeding 1 L capacity), 2.2,’’ and SP 7951 authorizes the transportation of ‘‘UN1956, Compressed gas, n.o.s., 2.2,’’ in containers that otherwise conform to DOT 2P or DOT 2Q specifications with some modifications. Under the terms of SP 13601, the containers must have a maximum pressure for the contents not to exceed 160 psig at 54.4 °C (130 °F) and, for SP 7951 and SP 14503, the containers must have a maximum pressure for the contents not to exceed 150 psig at 23.9 °C (75 °F) and must be transported in a refrigerated state. In the NPRM, we requested comments on whether refrigeration should be a condition of transport of these foodstuffs under pressure. In their comments, DSC and CSPA both recommend that PHMSA continue to require refrigeration as a condition of transport of these foodstuffs under pressure. See the comment summary section for a more detailed discussion of this issue. Because at least one of the special permits to be incorporated (SP 13601) does not explicitly require refrigeration, this requirement will not be adopted. Note that the additional limit of 150 psig at 23.9 °C (75 °F) is required. The shipper may use refrigeration if needed to achieve this pressure. As part of the variation of the DOT 2P containers, the modified containers are to be marked as ‘‘DOT 2P1’’ under the provisions of new § 178.33c discussed separately in this rulemaking. We also proposed in the NPRM to include the specification DOT 2P1 as an authorized metal aerosol container under § 173.306(a)(3)(ii). We saw no reason to limit the container to foodstuffs or soaps under paragraph (b)(1) because the pressure limit for the contents is the same as the current requirement for a standard DOT 2P container. Lastly, we proposed that the DOT 2P1 would be authorized for both Division 2.1 (flammable) and 2.2 (nonflammable) aerosols under E:\FR\FM\21JAR2.SGM 21JAR2 3654 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES2 § 173.306(a)(3)(ii). PHMSA received negative comments on the use of the DOT 2P1 container for flammable gases. Because there has been no experience with this type of container equipped with a pressure relief device in flammable gas service, we will not adopt the 2P1 for any materials other than those authorized in the special permits incorporated at this time. DOT 2Q Inner Nonrefillable Metal Containers Under § 173.306, limited quantities of compressed gas are authorized in metal aerosol containers as defined in § 171.8 of the HMR. Paragraph (a)(3) introductory text of this section authorizes metal aerosol containers under certain conditions to include packaging types and pressure thresholds. Section 173.306(a)(3)(ii) currently requires the use of a DOT 2Q container for pressures exceeding 160 psig at 54.4 °C (130 °F) but not to exceed 180 psig. Except for some modifications, SP 12573 authorizes the packaging of UN1950, Aerosols, non-flammable, in non-DOT specification containers that otherwise conform to the DOT 2Q specification with a maximum pressure of 198 psig at 54.4 °C (130 °F). In the NPRM, we proposed to adopt the modified DOT 2Q as an authorized metal aerosol container. We differed marginally from the SP in that we proposed to adopt a maximum pressure threshold of 200 psig at 55 °C (131 °F). We stated that there was no safety basis for the 200 psig ceiling other than we believed it was a cleaner cutoff point than the 198 psig maximum found in the SP. Additionally, we sought to provide consistency by using a reference temperature of 55 °C (131 °F). PHMSA received comments about the negative impact of raising the reference temperature from 54.4 °C (130 °F) to 55 °C (131 °F) particularly for shippers of R134a which has a pressure of 198 psig at 54.4 °C (130 °F). The commenters further stated that the pressure of R134a at 55 °C (131 °F) is 202 psig and that a pressure of 210 psig should be adopted. Consequently, in this final rule, PHMSA will adopt a pressure of 210 psig at 55 °C (131 °F) in order to allow for small variations; however, the reference temperature will remain at 54.4 °C (130 °F). As part of the variation of the specification of a DOT 2Q container, we stated the modified container will be marked as ‘‘DOT 2Q1.’’ In the NPRM, the proposed design burst pressure of the DOT 2Q1 was 300 psig. Because the fill pressure of the DOT 2Q1 will be 210 psig at 55 °C (131 °F), PHMSA will raise the design burst pressure to 320 psig in this final rule. VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 The pressure of 320 psig is consistent with the minimum design burst pressure in SP 12573. The NPRM also proposed to expand authorized materials to include Division 2.1 aerosols for the DOT 2Q1 specification. At that time, we saw no reason to limit the use of this container to non-flammable aerosols based on its record of use and that DOT 2Q containers currently authorized in the HMR are authorized to be used for all aerosol types. We also invited comment on the suitability of the container for all aerosol types. See the associated comment summary discussions for §§ 173.304 and 178.33d. PHMSA received mixed comments on the use of the DOT 2Q1 container for flammable gases. Because there has been no experience with this type of container equipped with a pressure relief device in flammable gas service, we will not adopt the DOT 2Q1 for any materials other than those authorized in the special permits incorporated at this time. SP 13581 is linked to the above proposed provision in that it authorizes the use of metal aerosol containers manufactured, tested, and marked according to SP 12573. We believe this SP will no longer be needed with the adoption of the modified DOT 2Q container (i.e., a DOT 2Q1 container). Alternatives to Testing of Metal Aerosol Containers by a Hot Water Bath Test As a condition of the use of a metal aerosol container used for certain commodities, each container, after being filled, must be subjected to a hot water bath to raise the internal pressure to such a degree that leakage or permanent deformation, if any, can be determined [see § 173.306(a)(3)(v)]. The provision also provides for a testing protocol for a container where the contents may be sensitive to heat. Currently, this is the only method authorized for determining leakage or permanent deformation. Thus, fillers that have developed other testing protocols or do not want to subject their products to a hot water bath test, must obtain a SP to do so. A number of SPs that authorize the use of alternative methods to determine leakage or permanent deformation are discussed as follows: (1) Alternate hot water bath test. SP 12995 authorizes a methodology that is a combination of a hot water bath test, a weight test, and visual inspection. Rather than subjecting each filled container to a hot water bath test, only one container out of each lot is subjected to the hot water bath test, a second is subjected to a weight test, the results of which must be compared to PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 weight specification for the container as outlined in quality control procedures, and finally, the remainder of the lot must be visually inspected by examining the valve, crimp, and seam areas for evidence of leakage. In the NPRM, we proposed to adopt SP 12995. The permit authorizes only DOT 2Q containers but we are applying it to all authorized metal aerosol containers. While determining if SP 12995 was suitable for inclusion in this rulemaking, PHMSA’s technical evaluators confirmed that the methodology that includes a combination of hot water bath test, weight test, and visual inspection may be performed on a DOT 2P as well as a DOT 2Q. Since these containers are similar designs except in terms of strength, this alternative to the hot water bath test is applicable to any metal container. Previously, most applicants of SP 12995 only requested 2Q because that is what they needed for their particular hazmat, but that does not mean that alternative testing is not acceptable for similar containers. Additionally, the permit applies to specific filling conditions but we will apply this testing method to containers complying with the current filling conditions in § 173.306(a)(3). Finally, we vary from the permit with our proposed language in that we require maintenance and access to operating procedures especially with regard to the weight test and specification in order to effect a broader application of this alternative. Rather than specify standards, we will allow persons to develop their own procedures that best fit their product on the condition that DOT has access to these procedures. Commenters were very supportive of our proposals to adopt such testing alternatives and, in this final rule, we are codifying them as proposed. (2) Automated in-line pressure test. SPs 14429, 14623, 14625, 14627, 14723, 14724, 14786, 14842, 14887, 14953, 15135, 15265, 15427, and 15972 all authorize the use of an automated process to check the pressure of filled containers (i.e., an ‘‘automated in-line pressure check’’) instead of subjecting the containers to a hot water bath. In this final rule, we are adopting the provisions of these SPs as proposed that authorize the use of an automated process for pressure checks that does not involve a hot water bath. (3) Weight test. SP 14440 authorizes the use of a process to check the weight of filled containers (i.e., an ‘‘automated in-line pressure check’’) instead of subjecting the containers to a hot water bath. In this final rule, we are adopting the provisions of the SP as proposed to E:\FR\FM\21JAR2.SGM 21JAR2 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations authorize the use of weight checks as a means to determine compliance with pressure requirements. (4) Leakage test. SP 14544 authorizes the use of a high pressure air test on empty containers combined with a leakage test for filled containers instead of subjecting the containers to a hot water bath. The testing protocol for filled containers found in this SP is currently applied to plastic containers under paragraph (a)(5) of this section in the HMR, however, the pressure and leakage test of the empty containers differs in its application. Under SP 14544, each empty container must be pressure tested at 120 psig instead of the HMR requirement that each empty container must be subjected to a pressure equal to or in excess of the maximum expected in the filled containers at 55 °C (131 °F), and that is at least two-thirds of the design pressure of the container. Under both tests, if there is evidence of leakage, the container must be rejected. In this final rule, we are adopting the provisions of the SP as proposed to authorize the use of a leakage test as a means to determine compliance with pressure requirements. Our implementation differs from the SP in that we are adopting the leakage testing requirements under § 173.306(a)(5)(v), but including the SP 14544 testing protocol for empty containers as an alternative. mstockstill on DSK4VPTVN1PROD with RULES2 Accumulators The HMR provide special considerations for compressed gases in accumulators. SP 8786 authorizes the transport of accumulators under an alternative testing procedure than what is prescribed in paragraphs (f)(2) and (f)(3) of this section. Rather than testing each accumulator to three times (3x) the charge pressure, the SP provides for conditions to test one accumulator out of each lot of 1,000 to the burst design pressure, and two accumulators to two and a half times (2.5x) the charge pressure. In the NPRM, we proposed to adopt most of SP 8786 into § 173.306. Because we did not receive public comment on this amendment, supportive or otherwise, it is adopted as proposed in the NPRM. Aerosol Disposal The general packaging requirements of the HMR forbid the transport of leaking or improperly-filled packages. This includes aerosol containers that are found to be leaking or improperly filled as part of a combination packaging. SP 11296 provides an option to transport these containers to an offsite facility for disposal under certain conditions (e.g., overpacking in DOT specification VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 packagings, modal restrictions, etc.). In the NPRM, we proposed to adopt the general scope of SP 11296 with some differences. We proposed to also permit non-flammable aerosols. Further, the proposed regulatory language was modeled after the salvage packaging requirements of § 173.3(c) in that: (1) The authorized outer packaging for overpacking the defective cylinders has been expanded to include other metal drums (i.e., 1B2 and 1N2); (2) a condition for cushioning and absorbent material, when necessary, has been added; and (3) an ‘‘aerosol salvage’’ drum marking has been adopted. Commenters were very supportive of our proposals to adopt such provisions for aerosol disposal and, in this final rule, we are codifying them as proposed. Part 178 Section 178.33c Under the HMR, certain DOT specification containers with restricted capacity and commonly referred to as ‘‘aerosol containers’’ are authorized for the transportation of compressed and liquefied compressed gases under certain scenarios. These containers include DOT 2P (inner non-refillable metal) containers. The specification standards are prescribed in § 178.33 of the HMR and do not provide for variations of those standards. Thus, technological advances or design modifications to satisfy customer needs are such that the resulting metal containers would not conform to the standards for a DOT 2P container, nor any other container authorized under §§ 173.304 or 173.306 of the HMR. SPs 13601 and 14503 (also 7951) provide for a variation of the DOT 2P container specifications by authorizing construction of the container according to modifications of the standards for manufacture and testing. The special permits authorized variations of a DOT 2P container that are equipped with some manner of pressure relief system (e.g., a rim-vent release device or a dome expansion device). The rim vent release devices must function within a certain pressure range, otherwise the container is rejected. The dome expansion devices are designed to buckle to relieve pressure before bursting. For example, for a container built to SP 13601, the pressure relief system must function between 175 psig and 210 psig or be rejected. In the NPRM, we stated that we have no specific information in the SP(s) on the relationship between the functional range and the tested burst pressure. The current minimum burst pressure for a PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 3655 DOT 2P container is 240 psig (§ 178.33– 8). Using the SP 13601 construction requirements, the minimum burst pressure is indicated as 270 psig (assumed at 130 °F) and pressure of the contents at 130 °F may not exceed 160 psig thus, equating to approximately 1.7x the contents at 130 °F without bursting (which is more stringent than for a DOT 2P under the HMR). Thus, the upper pressure range of the relief system is 77.8% of the design burst pressure of 270 psig. This is further complicated under SP 14503 (and 7951) where the standard for the pressure of the contents is set at 23.9 °C (75 °F) for which we do not have an equivalent requirement under the HMR. Additionally, the ranges for functioning of the relief systems have a higher upper bound, 175 psig to 250 psig and 175 psig to 235 psig, respectively. Lastly, there is no minimum burst pressure specified in SP 14503 (and 7951); therefore, we must default to the DOT 2P minimum burst pressure of 240 psig. Again, the circumstances are unclear in that the upper bounds for the functional ranges approach or exceed the DOT 2P minimum burst pressure yet we do not have information on the actual tested burst pressure which could be much larger. Therefore, based on the requirements of SP 13601, we proposed to implement a requirement that for containers with pressure relief systems, the upper bound of the functional range for a pressure relief system must be no greater than 85% of the minimum burst pressure. In the NPRM, we proposed to incorporate the standards for the modified DOT 2P container described in SP 13601 (and likely 14503 (7951)) as a variation of the DOT 2P container design. As adopted in this final rule, the variation is required to be marked as a ‘‘DOT 2P1.’’ All standards for a DOT 2P1 remain the same as those for a DOT 2P except for the variations prescribed in new § 178.33c–2. Commenters expressed concerns about imposing pressure limits on the range of the pressure relief systems although there are various pressure limits in each special permit that incorporates a rim vent release type of device in the container design. The commenters state that the actual activation range of the pressure relief system design is not as important to safety as that the system must function before the container bursts. We agree with the commenters. In the testing requirement of DOT 2P1, the performance standard is that the containers must fail at the location of the pressure relief system or the lot will be rejected. PHMSA believes that incorporating the DOT 2P1 without a E:\FR\FM\21JAR2.SGM 21JAR2 3656 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES2 specific functional range or limit for a rim vent release system will make the container specification more suitable for incorporation into the HMR because of broader applications rather than prescriptive regulatory text based on specific special permits. In this final rule, PHMSA will incorporate the requirements for the end expansion devices as proposed. The containers with an end expansion device must buckle prior to burst. Section 178.33d Under the HMR, certain DOT specification containers with restricted capacity and commonly referred to as ‘‘aerosol containers’’ are authorized for the transportation of compressed and liquefied compressed gases under certain scenarios. These containers include DOT 2Q (inner non-refillable metal) containers. Though the DOT 2Q specification is prescribed in § 178.33a of the HMR, it does not provide for variations of those standards. Thus, technological advances or design changes to satisfy customer needs are such that the resulting metal containers would not conform to the standards of a DOT 2Q container, nor any other container authorized under either §§ 173.304 or 173.306 of the HMR. SP 12573 provides for a variation of the DOT 2Q container specifications by authorizing construction of the container according to modifications to the standards for type and size, manufacture, wall thickness, and testing. SP 14503 also provides for a variation of the DOT 2Q container specification by authorizing construction of the container according to modifications to its manufacture and testing criteria. Variations provided in the SPs for DOT 2Q containers require that they are equipped with some type of pressure relief system (e.g., a rim-vent release device or a dome expansion device), that must function by a certain threshold level or within a certain pressure range, otherwise the container is rejected. In effect, these containers are designed to buckle to relieve pressure before bursting. For example, for a container built to SP 12573, the minimum pressure before the system buckles is 220 psig (and if not equipped with a pressure relief system, the container may not burst below 320 psig). The maximum pressure of the contents authorized under this SP is 198 psig at 54.4 °C (130 °F) (in the NPRM, we proposed a maximum pressure of 200 psig based on this SP in the § 173.306 discussion for DOT 2Q containers). After reviewing comments to the NPRM, we will adopt a maximum VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 pressure of 210 psig at 55 °C (131 °F) in this final rule. The current requirements for a DOT 2Q container under § 173.306(a)(3)(ii) is that the pressure of the contents cannot exceed 180 psig at 54.4 °C (130 °F) and the container must be capable of withstanding a pressure of 1.5x the contents at 54.4 °C (130 °F) without bursting. Applying the same multiplier to 210 psig, the container must withstand at least 305 psig without bursting. The SP 12573 minimum burst pressure of 320 psig is more than the current required minimum burst pressure of 270 psig for a DOT 2Q container; however, it provides approximately the same safety factor of 1.52. In this final rule, we are adopting as proposed the standards for the modified DOT 2Q container found in SP 12573 as a variation of the DOT 2Q container design. This variation is required to be marked ‘‘DOT 2Q1.’’ The requirements under SP 14503 operate differently in that the standard for the pressure of the contents is set at 23.9 °C (75 °F) to which we do not have an equivalent requirement under the HMR. Additionally, the SP provides for a range of pressure for functioning of the relief systems, specifically, 180 to 300 psig. Lastly, there is no minimum burst pressure specified in SP 14503 so we must default to the DOT 2Q minimum burst pressure of 270 psig. The upper bound for the functional range exceeds the 2Q minimum burst pressure yet we do not have information on the actual tested burst pressure which could be much larger. Therefore, based on a similar proposal to implement provisions of SP 13601 for 2P containers (see § 178.33c preamble discussion), the upper bound of the functional range for a pressure relief system must be no greater than 80% of the test pressure. In the NPRM, we invited comment on using this approach and whether it would be preferable to implement a requirement for the upper bound of the range based on the pressure of the contents. Commenters did not respond specifically to the question of functional range for the DOT 2Q1 or 2Q2; however, they expressed concerns about imposing pressure limits on the range of the pressure relief systems of the DOT 2P1 which incorporates a similar pressure relief system design. The commenters state that the actual activation range of the pressure relief system design is not as important to safety as that the system must function before the container bursts. We agree with the commenter. We are imposing the same testing requirement as that for the DOT 2P1 in that the containers must fail at the location of the pressure relief system or PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 the lot will be rejected. The containers with an end expansion device must buckle prior to burst. In this final rule, we are adopting as proposed the standards for the modified DOT 2Q container described in SP 14503 as a variation on the DOT 2Q container design. This variation is required to be marked as a ‘‘DOT 2Q2.’’ Further, the pressure relief device requirements for the DOT 2Q2 will be the same as that for the DOT 2P1 and 2Q1. C. Cargo Tanks/Rail Cars/Portable Tanks Part 173 Section 173.315 Section 173.315 prescribes bulk packaging provisions for liquefied compressed gases in UN and DOT specification cargo tanks and portable tanks. SP 12576 authorizes non-DOT specification cargo tanks for the transportation of ‘‘UN1080, Sulfur hexafluoride’’ that otherwise conform to the MC 331 specifications except for design pressure, capacity, and marking. In the NPRM, we proposed to revise the § 173.315(a)(2) table by referring to a new note 28 in the entry for ‘‘Division 2.2, materials not specifically provided for in this table’’ as Sulfur hexafluoride is not listed by name in the table. New note 28 codifies such tanks specified in SP 12576 for the transportation of sulfur hexafluoride. Because we did not receive public comment on this amendment, supportive or otherwise, it is adopted as proposed in the NPRM. Section 173.319 Section 173.319 prescribes the loading and packaging provisions for cryogenic liquids transported in rail tank cars. SP 12039 authorizes the transportation in commerce of DOT 113C120W rail tank cars containing ‘‘UN1038, Ethylene, refrigerated liquid,’’ at an internal pressure of 20 psig instead of the maximum 10 psig. Currently, the HMR authorizes a maximum of 10 psig in a DOT 113C120W rail tank car containing cryogenic ethylene when offered for transportation by rail. Because we did not receive public comment on this amendment, supportive or otherwise, it is adopted as proposed in the NPRM. D. Operational Air/Vessel Part 176 Section 176.90 Section 176.90 prescribes requirements for private automobiles E:\FR\FM\21JAR2.SGM 21JAR2 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations carrying Class 1 hazardous materials on board ferry vessels. There are four SPs that provide relief for ferry transport of private automobiles carrying engines, gasoline, and propane. SP 7465, 11150, 13213, and 14458 all contain slightly different provisions to facilitate this process safely. Where differences exist between these permits, PHMSA has attempted to choose the least restrictive provision for adoption. In the NPRM, PHMSA proposed to renumber the existing paragraph in § 176.90 as paragraph (a), and add a new paragraph (b) to adopt an exception for ‘‘UN3166, Engines, internal combustion, flammable gas powered or flammable liquid powered, including when fitted in machinery or vehicles (i.e. motor vehicles, recreational vehicles, campers, trailers), vehicle flammable liquid or flammable gas powered, gasoline, and petroleum gases, liquefied or liquefied petroleum gas’’ when included as part of a motor home, recreational vehicle, camper, or trailer and carried aboard ferry vessels subject to certain operational controls. Because we did not receive public comment on this amendment, supportive or otherwise, it is adopted as proposed in the NPRM. Section 176.800 Section 176.800 of the HMR prescribes general vessel stowage requirements for corrosive materials. SP 11691 authorizes transportation in commerce of certain flammable and corrosive liquids, which are the ingredients of soft drinks (beverages), not subject to the segregation requirements for vessel stowage when shipped in the same transport unit. In the NPRM, we proposed to add a new special provision, W11, to § 172.102, regarding vessel segregation of corrosive and combustible materials and foodstuffs. Based on comments from PCSD, proposed Special provision W11 is being replaced by revising paragraph (a) of § 176.800 to allow Class 8 (corrosive) materials that are also foodstuffs or foodstuff ingredients intended for human consumption to not be considered incompatible for segregation purposes. E. Operational Highway/Rail/Shipper/ Other mstockstill on DSK4VPTVN1PROD with RULES2 Part 171 Section 171.8 Section 171.8 defines terms generally used throughout the HMR that have broad or multi-modal applicability. In the NPRM, PHMSA proposed to add the following definition based on the adoption of SP 11458: VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 Display pack means a package intended to be placed at retail locations which provide direct customer access to consumer commodities contained within the package when all or part of the outer fiberboard packaging is removed. SP 11458 authorizes the transportation in commerce of display packs of consumer commodity packages or limited quantity packages that exceed the 30 kg gross weight limit. The provisions of SP 11458 were proposed for adoption into § 173.156. However, the term ‘‘display pack’’ is not currently defined in the HMR. In the NPRM we proposed to adopt the definition of ‘‘display pack’’ in § 171.8 based upon its definition in SP 11458. Commenters were very supportive of our proposal to adopt a definition of display packs in § 171.8 and, in this final rule, we are codifying it as proposed. Part 172 Sections 172.101 (Hazardous Materials Table) and 172.102 Special Provisions Section 172.101 provides instructions for using the Hazardous Materials Table (HMT) and the HMT itself. Column 7 of the HMT provides codes for special provisions applicable to specific hazardous materials descriptions. Special provisions may contain unique packaging requirements, prohibitions, and exceptions applicable to particular quantities or forms of hazardous materials. When Column 7 of the HMT refers to a special provision, the requirements of that special provision are as set forth in § 172.102. In the NPRM, PHMSA proposed the following revisions to § 172.102: Special Provision 380 SP 10705 provides relief from the segregation requirements of § 177.848(d) for the transport of ‘‘UN1092, Acrolein, stabilized,’’ by private carrier in a motor vehicle. In the NPRM, PHMSA proposed to add Special Provision 380 to § 172.102(c)(1) to codify SP 10705. The SP prescribes the packaging that must be used and the materials in which it may be loaded. Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. Special Provision 381 SP 7991 provides relief from the HMR for the transportation of railroad flagging kits by highway. See § 173.184 for a detailed discussion of the adoption of SP 7991. In the NPRM, PHMSA proposed to add Special Provision 381 to § 172.102(c)(1) to codify SP 7991. As adopted in this final rule, Special PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 3657 Provision 381 will be assigned to the following HMT entries: Fusee (rail or highway) (NA1325, Division 4.1, PG II); Articles, pyrotechnic (UN0431, Division 1.4G, PG II); Signal Devices, hand (UN0373, Division 1.4S, PG II); Signal Devices, hand (UN0191, Division 1.4G, PG II); and Signals, railway track, explosive (UN0193, Division 1.4S, PG II). Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. Special Provision 382 SP 8006 provides relief from the labeling requirements of § 172.400(a) for the transportation of toy plastic or paper caps for toy pistols by motor vehicle, railcar, cargo vessel, and cargo aircraft. See § 172.400a(a)(8) for a detailed discussion of the adoption of SP 8006. In the NPRM, PHMSA proposed to add Special Provision 382 to § 172.102(c)(1) to codify SP 8006. Special Provision 382 will be assigned to the following HMT entries: Articles, explosive, n.o.s. (UN0349) and Toy caps (NA0337). Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. Special Provision 383 SP 11356 authorizes material meeting the conditions for high viscosity flammable liquids specified in § 173.121(b)(1)(i), (b)(1)(ii), and (b)(1)(iv), to be re-classed to Packing Group III for transportation by motor vehicle. In the NPRM, PHMSA proposed to add Special Provision 383 to § 172.102(c)(1) to codify SP 11356. The SP prescribes packaging, capacity limitations, and load securement requirements. Special Provision 383 will be assigned to the following HMT entries: Coating solution (UN1139, PG II) and Paint (and Paint related material) (UN1263, PG II). Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. Special Provision 384 SP 11666 authorizes the transportation of green graphite electrodes and shapes that are large single component solid objects not subject to sifting, in open rail flat cars, open bed motor vehicles, and intermodal containers. In the NPRM, PHMSA proposed to add Special Provision 384 to § 172.102(c)(1) to codify SP 11666. The SP prescribes load securement requirements for the electrodes and shapes. Further, the SP permits stacking two or more levels high E:\FR\FM\21JAR2.SGM 21JAR2 3658 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations to achieve maximum allowable utilization of the designated vehicle, rail car weight, or intermodal freight container weight or vessel hold volume. Special Provision 384 will be assigned to the following HMT entries: Other regulated substances, n.o.s. (NA3077, PG III) and Environmentally hazardous substances, solid, n.o.s. (UN3077, PG III). In this final rule, we are adopting the amendments as proposed with minor editorial clarifications. packaging, quantity limitations, and the required method of storing the packages within the motor vehicle. The provisions of SP 14525 are specific to ‘‘UN3088, Self-heating solid, organic, n.o.s’’ (PG III); therefore, Special Provision B130 will be assigned exclusively to that HMT entry. Because we received minimal public comment on the proposal, in this final rule, we are adopting the amendment as proposed. Special Provision 385 SP 13343 authorizes the use of cargo heaters when weather conditions are such that the freezing of certain wetted explosive material is likely. In the NPRM, PHMSA proposed to add Special Provision 385 to § 172.102(c)(1) to codify SP 13343. Transportation must be performed by private, leased or contract carrier vehicles in exclusive use. Further, cargo heaters must be reverse refrigeration (heat pump) units. Shipments made in accordance with the SP are excepted from the anti-freeze requirements of § 173.60(b)(4). The provisions of SP 13343 are specific to ‘‘UN0394, Trinitroresorcinol, wetted or Styphnic acid, wetted with not less than 20% water, or mixture of alcohol and water by mass’’; therefore, Special Provision 385 will be assigned exclusively to those HMT entries. Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. Special Provision B131 As previously discussed, SP 11624 was not proposed for adoption in the NPRM. The SP is in its fifteenth revision and has 114 grantees. The SP authorizes transportation in commerce of certain waste Class 3 paint and paint related material (UN1263; PG II and PG III) contained in metal or plastic pails further packed in non-specification bulk packagings such as cubic yard boxes, plastic rigid-wall bulk containers, dump trailers, and roll-off containers. After careful reevaluation, SP 11624 and three related packaging SPs (i.e., SP 13052, SP 14712, and 15235) are adopted as new § 172.102(c)(3), Special Provision B131. mstockstill on DSK4VPTVN1PROD with RULES2 Special Provision 386 In the NPRM, we proposed to codify SP 6614 by establishing a new paragraph (b)(3) to authorize polyethylene bottles with rated capacities of one gallon (3.785 liters), packed inside an open-top, heavy wall, high density polyethylene box for shipping certain PG II and III corrosive liquids by private motor carrier. In this final rule, we are adopting SP 6614 as proposed; however, we are moving the amendment from paragraph (b) to new § 172.102(c)(1), Special provision 386, as it is a more appropriate location in the HMR for it. Special Provision B130 SP 14525 provides relief from the HMR except for the shipping paper requirements of Subpart C of Part 172, emergency response information as required by § 172.602, and the marking requirements of § 172.302(a), (b), and (d) when transporting used diatomaceous earth filter material by highway. In the NPRM, PHMSA proposed to add Special Provision B130 to § 172.102(c)(3) to codify SP 14525. The SP prescribes VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 Special Provision B132 SP 11602 authorizes the transportation in commerce of certain Division 4.3 materials contained in siftproof closed bulk packagings that prevent water from reaching the hazmat and have sufficient venting to preclude a dangerous accumulation of gaseous emissions. In the NPRM, we proposed to adopt the provisions of SP 11602 in its entirety in § 173.151(g). Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. However, in this final rule, we are moving the amendment to new § 172.102(c)(3), Special provision B132 as it is a more appropriate section for these provisions. Section 172.202 Section 172.202 prescribes requirements for describing hazardous materials on shipping papers. In many scenarios, a net or gross quantity of the hazardous materials must be included. SP 11811 provides relief from this requirement for local collections operations transporting hazardous materials and hazardous substances by highway that are ‘‘household wastes’’ as defined in 40 CFR 261.4 and not subject to the Environmental Protection Agency’s hazardous waste regulations in 40 CFR, Parts 262 and 263. In the NPRM, we proposed to revise paragraph (c) of § 172.202 to adopt the provisions of SP 11811 in its entirety. Because we PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. Section 172.315 Section 172.315 prescribes marking requirements for packages of limited quantities of hazardous materials. SP 11197 provides relief from the requirement to display the limited quantity marking on packages containing certain low-risk materials assigned to PG II and III prepared in accordance with the limited quantity provisions in Subpart B of part 173 of the HMR for highway transportation by private motor carrier. The SP prescribes inner packaging and package quantity limitations; the maximum gross weight of packages that may be transported in one vehicle; and special package marking requirements. In the NPRM, we proposed to add a new paragraph (a)(3) to § 172.315 to adopt the provisions of SP 11197 in its entirety. Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. Section 172.400a Section 172.400a provides exceptions from the § 172.400 general labeling requirements for packages or containment devices of hazardous materials. SP 8006 provides relief from the § 172.400 general labeling requirements for toy plastic or paper caps for toy pistols described as ‘‘UN0349, Articles, explosive, n.o.s. (Toy caps), 1.4S’’ or ‘‘NA0337, Toy caps, 1.4S’’ when offered for transportation by motor vehicle, rail freight, cargo vessel, and cargo aircraft. The toy plastic or paper caps must have been examined in conformance with § 173.56 and approved by the Associate Administrator. In the NPRM, we proposed to add a new paragraph (a)(8) to § 172.400a to adopt the provisions of SP 8006 in its entirety. Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. Part 173 Section 173.12 Section 173.12 provides certain exceptions and authorizations for the transportation of waste hazardous materials. SP 11470 authorizes transportation by motor vehicle and cargo vessel of shrink-wrapped pallets containing boxes of waste ORM–D or limited quantity materials when marked with the word ‘‘WASTE’’ on the outside of E:\FR\FM\21JAR2.SGM 21JAR2 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations insufficient hazard communication to prevent the reclassed shipments from finding their way into the air mode were raised. In addition, concerns regarding the distinctions between shipping being offered domestically versus internationally were discussed. Because additional conditions for its adoption were not proposed in the January 30, 2015 NPRM, in this final rule, we are not codifying SP 4850 into the HMR at this time but intend to consider it for incorporation in the near future considering the hazard communication concerns. We will include any proposals in upcoming NPRMs for comment. Section 173.29 Section 173.29 prescribes certain requirements, exceptions, and authorizations for the transportation of empty packagings. SP 9610 provides relief from shipping paper and placarding requirements of Subparts C and F of part 172, respectively, for smokeless powder residue when transported by motor vehicle or railcar in ‘‘Container-on-flatcar’’ (COFC) or ‘‘Trailer-on-flat-car’’ (TOFC) service. The smokeless powder must be approved in conformance with § 173.56 as a Class 1 explosive substance. The SP prescribes packaging requirements, quantity limitations, operational controls, and a specific shipping description for the material. In the NPRM, we proposed to revise paragraph (f) of § 173.29 to adopt the provisions of SP 9610 in its entirety. Because of the supportive public comments received as a result of our proposal, in this final rule, we are adopting the amendments as proposed with minor revisions to allow additional packaging types. mstockstill on DSK4VPTVN1PROD with RULES2 the pallet instead of each individual box. The SP also prescribes packaging requirements for the waste materials. COSTHA requested that PHMSA adopt this SP into the HMR under petition for rulemaking P–1611. In the NPRM, we proposed to add a new paragraph (h) to § 173.12 to adopt the provisions of SP 11470 in its entirety. Because of the supportive public comments received as a result of our proposal, in this final rule, we are adopting the amendments as revised. Based on comments from Veolia, the revisions include authorizing ‘‘stretch-wrapped’’ pallets in addition to shrink-wrapped pallets and ‘‘packages’’ rather than boxes only. Section 173.156 Section 173.156 provides exceptions for the transportation of certain limited quantities and other regulated materials (ORM). SP 11458 authorizes display packs of consumer commodity packages that exceed 30 kg gross weight for transportation by railcar in trailer-onflat-car (TOFC) or container-on-flat-car (COFC) service, or roadrailer and/or railrunner trailers or by motor vehicle, or cargo vessel. See § 171.8 for a discussion of the addition of the definition of display pack. In a petition for rulemaking (P–1607), COSTHA requested PHMSA adopt this SP into the HMR. In the NPRM, we proposed to add a new paragraph (c) to § 173.156 to adopt the provisions of SP 11458 in its entirety. Because of the supportive public comments received as a result of our proposal, in this final rule, we are adopting the amendment as proposed. SP 11470 authorizes transportation by motor vehicle and cargo vessel of shrink-wrapped pallets containing boxes of waste ORM–D or limited quantity materials when marked with the word ‘‘WASTE’’ on the outside of the pallet instead of each individual box. The adoption of SP 11470 relating to exceptions for waste limited quantity and ORM–D materials is discussed in the preamble for § 173.12. In the NPRM, we proposed to add a new paragraph (d) to § 173.156 that directs the reader to the new paragraph (h) of § 173.12 which codifies the provisions of SP 11470. Because of the supportive public comments received as a result of our proposal, in this final rule, we are adopting the amendment as proposed with one modification. Veolia supports adoption of SP 11470 with one substantial modification—the HMR should not limit to ‘‘expired’’ consumer products but rather all consumer commodities shipped for disposal/ recycling under manufacturer recalls, off-spec/unwanted/unneeded product, Section 173.63 Section 173.63 provides packaging exceptions for certain Class 1 (explosive) materials. SP 4850 authorizes Cord, detonating, or Fuse detonating, metal clad (UN0290, Div. 1.1D) to be renamed and reclassed as Cord, detonating, mild effect, or Fuse, detonating, mild effect, metal clad (UN0104, Div. 1.4D); and Charges, shaped, flexible, linear (UN0288, Div. 1.1D) to be renamed and reclassed Charges, shaped, flexible, linear (UN0237, Div. 1.4D) and transported by motor vehicle, railcar, cargo vessel, and cargo aircraft. The SP prescribes packaging requirements and quantity limitations. In the NPRM, we proposed to revise paragraph (a) of § 173.63 to adopt the provisions of SP 4850 in its entirety. However, during review of the final rule, concerns that there was VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 3659 etc. We recognized the merit of Veolia’s comment and revised § 173.12 accordingly. Section 173.159 Section 173.159 prescribes requirements for the transportation of wet electric storage batteries. SP 11078 conditionally excepts the transportation of nickel cadmium batteries containing potassium hydroxide, a Class 8 material, from other requirements of the HMR when transported by motor vehicle, railcar, cargo vessel and passenger and cargo aircraft. In the NPRM, we proposed to add a new paragraph (j) to § 173.159 to codify the provisions of SP 11078 in its entirety. Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. SP 13548 authorizes transportation in commerce of lead acid batteries and packages of battery acid (with two different identification numbers) on the same vehicle. Commenters were supportive of its adoption in the HMR. In this final rule, the introductory text in paragraph (e) is revised accordingly. Section 173.168 Section 173.168 prescribes specific approval, testing, protection, packaging, and equipment marking requirements for chemical oxygen generators. SP 11984 authorizes certain unapproved chemical oxygen generators with only one positive means of preventing unintentional actuation of the generator, and without the required approval number marked on the outside of the package, to be transported by motor vehicle, railcar, and cargo vessel. In the NPRM, we proposed to add a new paragraph (g) to § 173.168 to adopt the provisions of SP 11984 in its entirety. Veolia supports adoption of SP 11984 with one modification—the HMR should require flame-proof outer packaging for chemical oxygen generators shipped with only one positive means of preventing unintentional activation as expressed in concern for equivalent level of safety in proposed SP modification in August 2011. Veolia’s comments notwithstanding, because of the mainly supportive public comment received and safety evaluation as a result of our proposal, in this final rule, we are adopting the amendment as proposed. Section 173.184 Section 173.184 prescribes packaging requirements for the transportation of highway or rail fusees. E:\FR\FM\21JAR2.SGM 21JAR2 3660 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations When in conformance with SP 7991, flagging kits transported on railroad motor vehicles including privatelyowned motor vehicles under the direct control of on-duty railroad employees, are excepted from the requirements of the HMR. Flagging kits may only contain fusees and railroad torpedoes described as: Fusee (rail or highway) (NA1325, Division 4.1, PG II); Articles, pyrotechnic (UN0431, Division 1.4G, PG II); Signal devices, hand (UN0373, Division 1.4S, PG II); Signal devices, hand (UN0191, Division 1.4G, PG II); and Signals, railway track, explosive (UN0193, Division 1.4S, PG II). This SP prescribes packaging requirements, quantity limitations, and operational controls. In the NPRM, we proposed to add a new paragraph (c) to § 173.184 to adopt the provisions of SP 7991 in its entirety. Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. mstockstill on DSK4VPTVN1PROD with RULES2 Section 173.226 Section 173.226 prescribes specific packaging requirements for the transportation of materials poisonous by inhalation, Division 6.1, PG I, Hazard Zone A. When transported as prescribed in SP 11055, liquid hazardous materials in Division 6.1, PG I, Hazard Zone A, are excepted from the segregation requirements of §§ 174.81, 176.83, and 177.848(d). The SP prescribes packaging and testing requirements, quantity limitations, and cushioning and absorbent material requirements. In the NPRM, we proposed to add a new paragraph (f) to § 173.226 to adopt the provisions of SP 11055 in its entirety. Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. Section 173.306 Section 173.306 provides exceptions for limited quantities of compressed gas. Section 173.306(e) currently permits only new (unused) refrigerating machines to be excepted from specification packaging, placarding, and certain rail and highway modal requirements. SP 13199 permits reconditioned (used) refrigerating machines (UN2857, Div. 2.2) to be transported under the requirements prescribed in § 173.306(e) and excepted from the marking requirements of § 172.302(c) when transported by motor vehicle and meeting certain structure and Class A refrigerant gas weight requirements. In the NPRM, we proposed to add new VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 paragraph (e)(2) to § 173.306 to adopt the provisions of SP 13199 in its entirety. Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. Section 173.322 Section 173.322 prescribes packaging requirements for ethyl chloride. In the January 30, 2015 NPRM, we proposed to add a new paragraph (f) to § 173.322 to adopt the provisions of SP 14422 in its entirety. Because SP 14422 is no longer an active special permit, in this final rule, we are not adopting the amendment as proposed. Part 174 Section 174.67 Section 174.67 prescribes operational requirements for the railroad tank car unloading of hazardous materials. SP 12002 authorizes the clearing of frozen liquid blockages from tank car outlets by attaching a fitting to the outlet line and applying nitrogen at a pressure of 50 to 100 psi for combustible liquid or Class 3 liquid petroleum distillate fuels. In the NPRM, we proposed to revise paragraph (g) to § 174.67 to adopt the provisions of SP 12002 in its entirety. In its comments, ACA recommends that the use of nitrogen should be permitted ‘‘at a pressure of up to 100 psi’’ for clarity. We agree and revise § 174.67(g) accordingly. Part 177 Section 177.820 Currently there is no § 177.820 in the HMR. However, in the NPRM, we proposed to add a new § 177.820 that authorizes the movement of certain hazardous materials across public roads with limited exceptions. SPs 11352, 12207, 12306, 13165, and 14945 authorize the movement of certain hazardous materials across public roads. Such movements are not subject to Subparts C (Shipping Papers), D (Marking), E (Labeling), and F (Placarding) of Part 172. The SPs prescribe specific operational controls. In the NPRM, we proposed to add a new § 177.820 to adopt the provisions of these SPs in their entirety. COSTHA and DGAC support the adoption of SPs 11352, 12207, 12306, 13165, and 14945; however, according to COSTHA, the proposed regulatory text in § 177.820 appears to be more restrictive than the HMR applicability exceptions currently in § 171.1(d)(4). We agree with COSTHA and are not adopting the five SPs and new Section 177.820 as proposed in the NPRM. PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 Section 177.834 Section 177.834 establishes general operational requirements for hazardous materials transportation by highway. SPs 9874, 13190, 13424, 13959, 14141, 14150, 14680, 14822, 14827, and 14840 authorize ‘‘attendance’’ of the loading or unloading of a cargo tank by a qualified person observing all loading or unloading operations by means of video cameras and monitors or instrumentation and signaling systems such as sensors, alarms, and electronic surveillance equipment located at a remote control station. In the NPRM, we proposed to revise paragraphs (i)(3) and (i)(4) of § 177.834 to adopt the provisions of these SPs in their entirety. In its comments, Dow supports codification of the SPs but has specific concerns: (1) SP 9874 and 14822 authorize instrumentation and signaling systems such as sensors, alarms, and electronic surveillance equipment in addition to video monitoring; (2) SPs 9874 and 14822 do not require a video camera with a ‘‘motorized zoom lens capable of panning and zooming from the remote control station’’; (3) SPs 9874 and 14822 do not require that the view capability must include the entire containment area; and (4) the need for assurance that the attendance requirements in § 177.834 (i) apply to motor carriers only. We agree that Dow’s comments have merit and, in this final rule, except for number (4), the regulatory text in § 177.834(i) is revised accordingly. Regarding issue number (4), long-standing interpretations preclude the need to revise the attendance applicability provisions of the HMR. SPs 13484 and 14447 authorize ‘‘attendance’’ of the loading or unloading of a cargo tank through the use of hoses equipped with cable connected wedges, plungers, or flapper valves located at each end of the hose, able to stop the flow of product from both the source and the receiving tank within one second without human intervention in the event of a hose rupture, disconnection, or separation. The SPs prescribe inspection requirements and operational controls for use of the hoses. In the NPRM, we proposed to revise paragraphs (i)(3) and (i)(4) of § 177.834 to adopt the provisions of SPs 13484 and 14447 in their entirety. Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendments as proposed. SPs 10597, 10803, 10882, 14618, and 14726 authorize the use of diesel or propane fueled combustion cargo E:\FR\FM\21JAR2.SGM 21JAR2 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations heaters in motor vehicles used to transport Class 3 (flammable liquid) or Division 2.1 (flammable gas) materials. The SPs prescribe operational controls for use of heaters. In the NPRM, we proposed to revise paragraph (l)(2)(i) of § 177.834 to adopt the provisions of these SPs in their entirety. In this final rule, because the existing paragraph (l)(2)(ii) of § 177.834 relating to the Effective date for combustion heater requirements is obsolete, we are removing it as proposed. In addition, we are redesignating paragraph (l)(2)(iii) of § 177.834 as paragraph (l)(2)(ii) as proposed in the NPRM. Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. mstockstill on DSK4VPTVN1PROD with RULES2 Section 177.838 Section 177.838 prescribes operational requirements for the transportation of Class 4 (flammable solid) materials, Class 5 (oxidizing) materials, and Division 4.2 (self-heating and pyrophoric liquid) materials. Notwithstanding the segregation requirements of § 177.848(d), SP 11373 authorizes the transport on the same transport vehicle of ‘‘UN1384, Sodium hydrosulfite or sodium dithionite’’ (PG II or III), ‘‘UN3341, Thiourea dioxide’’ (PG II or III); and ‘‘UN3088, Self-heating, solid, organic, n.o.s.’’ (PG II or III) with Class 8 materials. The SP prescribes packaging and separation requirements. In the NPRM, we proposed to revise the title of § 177.838 and add a new paragraph (i) to § 177.838 to adopt the provisions of SP 11373 in its entirety. Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. Section 177.840 Section 177.840 establishes specific operational requirements for the transportation of Class 2 (gases) materials. Notwithstanding the segregation requirements of § 177.848(d), SP 11043 authorizes the transport on the same transport vehicle of Division 2.3, Hazard Zone A materials with materials classed as Division 2.1, Class 3, Class 4, Class 5, and Class 8. The SP prescribes packaging, marking, separation requirements. Notwithstanding the segregation requirements of § 177.848(d), SP 14335 authorizes the transport on the same transport vehicle of Division 2.3, Hazard Zone A materials with specification non-bulk packagings and IBCs containing only the residue of Division 2.1, 4.3, 5.1, and Class 3 and 8 materials. VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 The SP prescribes separation and securement requirements, operational controls, quantity limitations, and carrier safety rating requirements. In the NPRM, we proposed to add a new paragraph (a)(3) to § 177.840 to adopt the provisions of SPs 11043 and 14335 in their entirety. Veolia supports the adoption of SP 11043; however, they recommend the regulatory text proposed in § 177.840(a)(3)(i) should be revised to require a 4-foot separation rather than a 5-foot separation for consistency with the segregation spacing requirements in § 173.12(e). We agree and are revising § 177.840(a)(3)(i) accordingly. Section 177.841 Section 177.841 establishes specific operational requirements for the transportation of Division 6.1 and Division 2.3 materials. Notwithstanding the segregation requirements of § 177.848(d), SP 11151 authorizes transportation by private or contract motor carrier of Division 6.1 PG I, Hazard Zone A materials meeting the definition of a hazardous waste as defined in § 171.8 on the same transport vehicle with materials classed as Class 3, Class 4, Class 5, and Class 8. The Division 6.1 PG I, Hazard Zone A materials must be loaded on pallets and separated from the Class 3, Class 4, Class 5, and Class 8 materials by a minimum horizontal distance of 2.74 m (9 feet). In the NPRM, we proposed to add a new paragraph (f) to § 177.841 to adopt the provisions of SP 11151 in its entirety. Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. F. Non-Bulk Packaging Specifications/ IBCs Part 172 Section 172.101 The § 172.101 HMT designates the materials listed therein as hazardous materials for the purpose of transportation of those materials. For each listed material, the HMT identifies the hazard class or specifies that the material is forbidden in transportation, and provides the proper shipping name or directs the user to the preferred proper shipping name. In addition, the HMT specifies or references requirements in this subchapter pertaining to labeling, packaging, quantity limits aboard aircraft, and stowage of hazardous materials aboard vessels. In the NPRM, we proposed to revise several entries in the HMT to adopt SPs relating to non-bulk packagings and IBCs. Specifically, for PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 3661 ‘‘UN1415, Lithium,’’ ‘‘UN2257, Potassium,’’ ‘‘UN3190, Self-heating solid, inorganic, n.o.s.,’’ ‘‘UN1428, Sodium,’’ ‘‘UN1381, Phosphorus, yellow, under water’’ and ‘‘UN2813, Water-reactive solid, n.o.s.’’ (Packing Group II and III), we proposed to add a reference to § 173.151 to provide packaging exceptions for relevant Hazard Class 4 materials. In this final rule, the provisions adopted for ‘‘UN1381, Phosphorus, yellow, under water’’ and ‘‘UN2813, Water-reactive solid, n.o.s.’’ (Packing Group II and III) are moved to the more appropriate §§ 173.188 and the new § 172.102(c)(3), Special provision B132 respectively. The revisions are discussed in the following sections. Part 173 Section 173.62 Section 173.62 prescribes packaging instructions for explosives. SP 12335 authorizes the transportation by motor vehicle, cargo vessel, and cargo aircraft when authorized in the HMT, and passengercarrying aircraft when authorized for carriage by the HMT and used exclusively to transport personnel to remote work sites certain Division 1.1D and 1.4D detonating cords without the ends being sealed in alternative packaging, provided that the inner packaging containing the detonating cord is made of a static-resistant plastic bag of at least 3 mil thickness and the bag is securely closed for transportation. In the NPRM, we proposed to adopt the provisions of SP 12335 in its entirety in § 173.62. Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. Section 173.150 Section 173.150 provides exceptions from the HMR for certain Class 3 (flammable liquid) material. To codify SP 13217, in the NPRM, PHMSA proposed to add a paragraph (h) to § 173.150 that included an exception to permit Diesel fuel (UN1202 or NA1993) and Gasoline (UN1203) to be transported one way, by motor vehicle, directly from the loading location to an equipment repair facility in nonspecification non-bulk packaging, known as a gasoline dispenser. Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. Section 173.151 Section 173.151 provides exceptions for certain Class 4 materials. E:\FR\FM\21JAR2.SGM 21JAR2 mstockstill on DSK4VPTVN1PROD with RULES2 3662 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations In the NPRM, we proposed to add new paragraph (e) that would except ‘‘UN1415, Lithium,’’ ‘‘UN2257, Potassium,’’ and ‘‘UN1428, Sodium,’’ with a net quantity of material per inner packaging not exceeding 25 grams, from the labeling requirements of Part 172, Subpart E and the placarding requirements of Part 172 Subpart F, if they are offered for transportation or are transported in the packagings with conditions set forth in that paragraph. We also proposed to codify SP 11736 by establishing a new paragraph (f) to authorize shipments of ‘‘UN3190, Selfheating solid, inorganic, n.o.s,’’ in unlined, non-DOT specification multiwall paper bags containing a maximum of 55 pounds (net) weight. Because SP 11736 is no longer active, in this final rule, we are not amending § 173.151 to codify the SP. We further proposed adding new paragraph (g) to authorize ‘‘UN2813, Water reactive solid, n.o.s. (contains magnesium, magnesium nitrides)’’ in PG II or III to be packaged in sift-proof bulk packagings. These revisions codify SPs 11602, 11736, 13796, and 15373. Because we did not receive public comment on the proposals, adverse or otherwise, in this final rule, we are adopting the amendments as proposed. SP 11602 authorizes the transportation in commerce of certain Division 4.3 materials contained in siftproof closed bulk packagings that prevent water from reaching the hazmat and have sufficient venting to preclude a dangerous accumulation of gaseous emissions. In the NPRM, we proposed to adopt the provisions of SP 11602 in its entirety in § 173.151(g). Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. However, in this final rule, we are moving the amendment to new § 172.102(c)(3), Special provision B132 as it is a more appropriate section for these provisions. SP 13796 authorizes the transportation in commerce of ‘‘UN1381, Phosphorus, yellow, under water,’’ in a 30 gallon UN 1A2 steel drum certified at a minimum to the PG I performance level for solids and the PG II performance level for liquids and, as a minimum, dual marked as UN1A2/ X400/S (for solids) and UN1A2 Y/1.4/ 150 (for liquids). In the NPRM, we proposed to adopt the provisions of SP 13796 in its entirety in § 173.151. Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. However, in this final rule, we are moving the amendment to the most VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 appropriate section for yellow phosphorus, § 173.188; we are also removing the § 173.151 column (8A) exception reference to its HMT entry. SP 15373 authorizes the manufacture, mark, sale and use of the specially designed combination packagings for ‘‘UN1415, Lithium,’’ ‘‘UN2257, Potassium,’’ and ‘‘UN1428, Sodium,’’ without hazard labels or placards, for quantity limits not exceeding 25 grams. In the NPRM, we proposed to adopt the provisions of SP 15373 in its entirety in new § 173.151(e). Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. Section 173.154 Section 173.154 provides exceptions for Class 8, (corrosive) materials. In the NPRM, we proposed to codify SP 6614 by establishing a new paragraph (b)(3) to authorize polyethylene bottles with rated capacities of one gallon (3.785 liters), packed inside an open-top, heavy wall, high density polyethylene box for shipping certain Packing Group II and III corrosive liquids by private motor carrier. In this final rule, we are adopting SP 6614 as proposed; however, we are moving the amendment from paragraph (b) to new § 172.102(c)(1), Special provision 386, as it is a more appropriate location in the HMR. In the NPRM, we also proposed to codify SP 14137 in new paragraph (e) to authorize hydrochloric acid concentration not exceeding 38%, in Packing Group II, to be packaged in UN31H1 or UN31HH1 intermediate bulk containers when loaded in accordance with the requirements of § 173.35(h). In this final rule, we are adopting SP 14137 as proposed; however, we are moving the amendment from § 173.154(e) to new § 172.102(c)(3), Special provision B133, as it is a more appropriate location in the HMR. These amendments to § 173.154 codify SP 6614 and 14137. Because we did not receive public comment on the proposals, adverse or otherwise, in this final rule, we are adopting the amendments as proposed. However, the proposed provisions of SP 12030 are now codified in § 173.159(h)(2), as it is a more appropriate location in the HMR for battery fluid packaging provisions. Section 173.158 Section 173.158 prescribes the general requirements, authorized packagings, and exceptions for nitric acid. To codify SPs 8230, 9722, and 14213, we proposed in the NPRM to establish a new paragraph (i) to authorize ‘‘Nitric PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 acid of up to 40% concentration’’ in a UN1H1 non-removable head plastic drum with certain conditions set forth in that paragraph and add new paragraph (j) for the transportation of ‘‘Nitric acid, other than red fuming, with more than 70% nitric acid’’ and ‘‘Nitric acid, other than red fuming, with not more than 70% nitric acid’’ in a combination packaging when offered for transportation by rail, highway, or cargo vessel. Because of the supportive public comments received as a result of our proposal, in this final rule, we are adopting the amendments as proposed. Section 173.159 Section 173.159 prescribes packaging, shipping specifications, and exceptions for the transportation of wet electric storage batteries. To codify SP 13548, in the NPRM, we proposed to revise paragraph (e) to include shipments of electric storage batteries containing electrolyte or corrosive battery fluid, and electric storage batteries and battery acid. SP 13548 authorizes the transportation in commerce of lead acid batteries and packages of battery acid with two different UN numbers on the same motor vehicle with the packages secured against shifting. Because of the supportive public comments received as a result of our proposal, in this final rule, we are adopting the amendments as proposed. In the NPRM, we proposed to revise § 173.154 by codifying SP 12030 in new paragraph (f). After comment review and our own analysis, we believe this amendment is more appropriately codified in new § 173.159(h)(2) along with the existing provision in new § 173.159(h)(1). Special provision N6 of § 172.102 specifies that battery fluid, acid or alkali, when packaged with an electric storage battery, wet or dry, is to be packaged as prescribed in § 173.159(g) or (h). Thus, in this final rule, we are moving the amendment from § 173.154(f) to § 173.159(h)(2) and codifying it as proposed. Section 173.181 Section 173.181 sets forth packaging and other requirements for pyrophoric materials (liquids). To codify SP 12920, in the NPRM, we proposed to add new paragraph (d) to § 173.181 that authorizes the transportation of certain pyrophoric materials in a combination package consisting of UN1A2 outer package and a UN1A1 inner package. Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. E:\FR\FM\21JAR2.SGM 21JAR2 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations Section 173.188 Section 173.188 prescribes the packaging instructions for white and yellow phosphorus. SP 13796 authorizes the transportation of ‘‘UN1381, Phosphorus, yellow, under water,’’ in a 30 gallon UN 1A2 steel drum certified as a minimum to the PG I performance level for solids and the PG II performance level for liquids and, as a minimum, dual marked as UN1A2/X400/S (for solids) and UN1A2 Y/1.4/150 (for liquids). In the NPRM, we proposed to adopt the provisions of SP 13796 in its entirety in § 173.151. Because we did not receive public comment on the proposal, adverse or otherwise, in this final rule, we are adopting the amendment as proposed. However, in this final rule, we are moving the amendment to the most appropriate section for yellow phosphorus, § 173.188; we are also removing the § 173.151 column (8A) exception reference to its HMT entry. VI. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Rulemaking This rulemaking is issued under the authority of the Federal hazardous materials transportation law (49 U.S.C. 5101 et seq.). Section 5103(b) authorizes the Secretary of Transportation to prescribe regulations for the safe transportation, including security, of hazardous materials in intrastate, interstate, and foreign commerce. This rulemaking codifies certain SPs into the HMR. mstockstill on DSK4VPTVN1PROD with RULES2 B. Executive Order 12866, Executive Order 13563, Executive Order 13610, and DOT Regulatory Policies and Procedures This final rule is not considered a significant regulatory action under Executive Order 12866 (‘‘Regulatory Planning and Review’’), as supplemented and reaffirmed by Executive Order 13563 (‘‘Improving Regulation and Regulatory Review’’), 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, and the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034). 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 VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 3663 regulations that ‘‘impose the least burden on society.’’ Executive Order 13610, issued May 10, 2012, urges agencies to conduct retrospective analyses of existing rules to examine whether they remain justified and whether they should be modified or streamlined in light of changed circumstances, including the rise of new technologies. By building off of each other, these three Executive Orders 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.’’ In this final rule, PHMSA is amending the HMR to adopt provisions contained in certain widely-used or long-standing SPs that have an established safety record. The revisions are intended to provide wider access to the regulatory flexibility offered in SPs and eliminate the need for numerous renewal requests, thus reducing paperwork burdens and facilitating commerce while maintaining an appropriate level of safety. Although difficult to quantify, PHMSA assumes that for most regulated entities in these categories, the revisions in this final rule require little or no change to existing practice or behavior and incremental compliance costs will thus be close to zero. At the same time, the potential for additional safety benefits is also very limited in these cases, as existing practice and operations are already minimizing the number of incidents. Estimated benefits associated with this rule result from the regulated community no longer being required to apply for an SP and amount to approximately $14,000 annually. Costs associated with the rule are estimated to be negligible annually. Since existing SP holders are already complying with the specifications of the current SPs, the amendments adopted in this final rule would not impose new obligations on current non-holders of SPs. The overall costs and benefits of the rule are dependent on the level of pre-existing compliance and the overall effectiveness of the new requirements specified in this rulemaking. would not have substantial direct effects on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply. The Federal hazardous materials transportation law, 49 U.S.C. 5101 et seq., contains an express preemption provision (49 U.S.C. 5125(b)) preempting State, local, and Indian tribe requirements on the following subjects: (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 material; or (5) The design, manufacture, fabrication, marking, maintenance, recondition, repair, or testing of a packaging or container represented, marked, certified, or sold as qualified for use in transporting hazardous material. Federal hazardous materials transportation law provides at 49 U.S.C. 5125(b)(2) that, if DOT issues a regulation concerning any of these subjects, DOT 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 2 years after the date of issuance. This rule would address subject areas (1), (2), (3), and (5) above and would preempt any state, local, or Indian tribe requirements concerning these subjects unless the non-Federal requirements are ‘‘substantively the same’’ as the Federal requirements. The effective date of Federal preemption is April 20, 2016. C. Executive Order 13132 This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (‘‘Federalism’’), 64 FR 43255 (Aug. 10. 1999) and the President’s May 20, 2009 memorandum (74 FR 24693 [May 22, 2009]). The requirements in this final rule would preempt state, local, and Indian tribe requirements but This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 (‘‘Consultation and Coordination with Indian Tribal Governments’’). Because this final rule does not have tribal implications and does not impose substantial direct compliance costs, the funding and consultation requirements of Executive Order 13175 do not apply. PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 D. Executive Order 13175 E:\FR\FM\21JAR2.SGM 21JAR2 3664 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES2 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 unless the agency determines that a rule is not expected to have a significant impact on a substantial number of small entities. The primary costs to small entities associated with this rule include developing and updating a risk assessment, developing and updating operating procedures, and additional training for hazmat employees who perform loading and unloading operations. PHMSA expects the impacts of this rule will be limited for many small entities due to their compliance with other existing Federal regulations. In this rulemaking, PHMSA also explicitly acknowledges that many regulated entities are holders of SPs or are part of industry associations with voluntary codes of safe practice, and that these may be sufficient for compliance with the final rule as long as all of the relevant safety areas are addressed and documented. For regulated entities in these categories, the rulemaking requires little or no change to existing practices or behavior and incremental compliance costs will thus be close to zero. Therefore, the benefit and cost figures discussed below should be viewed as upper bounds, both of which will be reduced by the extent of current practice. PHMSA estimates that there are 50 potentially affected small entities. The annualized documentation cost for developing and updating the risk assessment and the operating procedures is estimated to be $375 per small entity. The annualized cost of additional training for affected employees is estimated to be approximately $5.50 per employee. Further, PHMSA estimates that approximately 50% of small businesses are already implementing procedures that would be compliant with this rulemaking. Based upon the above estimates and assumptions, PHMSA certifies that this rulemaking does not have a significant economic impact on a substantial number of small entities. Further information on the estimates and assumptions used to evaluate the potential impacts to small entities is available in the Regulatory Impact Assessment that has been placed in the public docket for this rulemaking. VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 F. Paperwork Reduction Act PHMSA currently has an approved information collection under OMB Control No. 2137–0051, entitled ‘‘Special Permits and Approvals,’’ expiring on May 31, 2018. Section 1320.8(d), Title 5, Code of Federal Regulations, requires PHMSA to provide interested members of the public and affected agencies an opportunity to comment on information collection and recordkeeping requests. This rulemaking adds new exceptions to the HMR while eliminating the need for persons to apply for a SP, resulting in a decrease in burden. PHMSA estimates the reduction in information collection burden as follows: OMB Control No. 2137–0051: SPs and Approvals Decrease in Annual Number of Respondents: 96 Decrease in Annual Responses: 96 Decrease in Annual Burden Hours: 194 Decrease in Annual Burden Cost: $14,027 There are 832 grantees associated with the 96 SPs being adopted in this rulemaking. Over 10 years, a SP would on average be renewed twice, resulting in 1,664 renewals (832 × 2). The average number of applications per year would be approximately 166 (1,664/10). The annual estimated cost savings would total $14,027 (166 number of renewals per year × $39.50/hr. preparation cost + 166 renewals per year × $45.00/hr compliance cost). Please direct your requests for a copy of this final information collection to Steven Andrews or T. Glenn Foster, Office of Hazardous Materials Standards (PHH–12), Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE., 2nd Floor, Washington, DC, 20590–0001. G. Regulatory Identifier Number (RIN) A regulatory 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 can be used to crossreference this action with the Unified Agenda. H. Unfunded Mandates Reform Act This rulemaking does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. PHMSA has concluded that the rule will not impose annual expenditures of $141.3 million on State, local, or tribal governments or the PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 private sector, and thus does not require an Unfunded Mandates Act analysis. I. 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 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 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 under the Trade Agreement Act, as amended. J. Environmental Assessment and NEPA Analysis PHMSA is amending the HMR by adopting provisions contained in certain widely-used or long-standing SPs that have an established safety record. The revisions are intended to provide wider access to the regulatory flexibility offered in SPs and eliminate the need for numerous renewal requests, thus reducing paperwork burdens and facilitating commerce while maintaining an appropriate level of safety. The National Environmental Policy Act (NEPA), 42 U.S.C. 4321–4375, requires that federal agencies analyze E:\FR\FM\21JAR2.SGM 21JAR2 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations proposed actions to determine whether the action will have a significant impact on the human environment. The Council on Environmental Quality (CEQ) regulations order 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). A detailed NEPA assessment has been placed in the docket for this rulemaking for public review. K. Privacy Act Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477) which may be viewed at: http:// www.gpo.gov/fdsys/pkg/FR-2000-04-11/ pdf/00-8505.pdf. L. National Technology Transfer and Advancement Act The National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) directs federal agencies to use voluntary consensus standards in their regulatory activities unless doing so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g. specification of materials, test methods, or performance requirements) that are developed or adopted by voluntary consensus standard bodies. This final rule does not involve voluntary consensus standards. List of Subjects 49 CFR Part 107 mstockstill on DSK4VPTVN1PROD with RULES2 49 CFR Part 171 Hazardous materials transportation, Packaging and containers, Radioactive materials, Reporting and recordkeeping requirements, Uranium. 49 CFR Part 174 Hazardous materials transportation, Incorporation, Radioactive materials, and Railroad safety. 49 CFR Part 176 Hazardous materials transportation, Maritime carriers, Radioactive materials, Reporting and recordkeeping requirements. 49 CFR Part 177 Hazardous materials transportation, Motor carriers, Radioactive materials, Reporting and recordkeeping requirements. 49 CFR Part 178 49 CFR Part 180 Hazardous materials transportation, Motor carriers, Motor vehicle safety, Packaging and containers, Railroad safety, 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 171 continues to read as follows: ■ Authority: 49 U.S.C. 5101–5128, 44701; Public Law 101–410 section 4 (28 U.S.C. 2461 note); Public Law 104–121 sections 212–213; Public Law 104–134 section 31001; Public Law 112–141 section 33006, 33010; 49 CFR 1.81 and 1.97. 2. In § 107.1, revise the definitions for ‘‘insufficient corrective action’’ and ‘‘sufficient corrective action’’ to read as follows: § 107.1 49 CFR Part 172 Education, Hazardous materials transportation, Hazardous waste, Labeling, Packaging and containers, Jkt 238001 Definitions. * * * * Insufficient corrective action means that either a PHMSA Field Operations (FOPS) Division officer or an authorized representative or special agent of DOT upon request, such as an Operating Administration (OA) representative, has determined that evidence of an applicant’s corrective action in response to prior enforcement cases is inadequate PO 00000 Frm 00031 Fmt 4701 or incomplete and the basic safety management controls proposed for the type of hazardous material, packaging, procedures, and/or mode of transportation remain inadequate to prevent recurrence of a violation. * * * * * Sufficient corrective action means that either a PHMSA Field Operations officer or an authorized representative or special agent of DOT upon request, such as an Operating Administration (OA) representative, has determined that evidence of an applicant’s corrective action in response to prior enforcement cases is sufficient and the basic safety management controls proposed for the type of hazardous material, packaging, procedures, and/or mode of transportation are adequate. * * * * * PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 3. The authority citation for part 171 continues to read as follows: ■ Hazardous materials transportation, Motor vehicle safety, Packaging and containers, Reporting and recordkeeping requirements. * Exports, Hazardous materials transportation, Hazardous waste, Imports, Reporting and recordkeeping requirements. 18:33 Jan 20, 2016 49 CFR Part 173 ■ Administrative practice and procedure, Hazardous materials transportation, Penalties, Reporting and recordkeeping requirements. VerDate Sep<11>2014 Reporting and recordkeeping requirements. 3665 Sfmt 4700 Authority: 49 U.S.C. 5101–5128, 44701; 101, section 4 (28 U.S.C. 2461 note); Public Law 104–121, sections 212–213; Public Law 104–134, section 31001; 49 CFR 1.81 and 1.97. 4. In § 171.8, the definition of ‘‘Display pack’’ is added in alphabetical sequence to read as follows: ■ § 171.8 Definitions and abbreviations. * * * * * Display pack means a package intended to be placed at retail locations which provide direct customer access to consumer commodities contained within the package when all or part of the outer fiberboard packaging is removed. * * * * * PART 172—HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING REQUIREMENTS, AND SECURITY PLANS 5. The authority citation for part 172 continues to read as follows: ■ Authority: 49 U.S.C. 5101–5128; 44701; 49 CFR 1.81, 1.96 and 1.97. 6. In § 172.101, the Hazardous Materials Table is amended by revising entries under ‘‘[REVISE]’’ to read as follows: ■ § 172.101 Purpose and use of hazardous materials table. * E:\FR\FM\21JAR2.SGM * * 21JAR2 * * VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 Corrosive liquid, acidic, inorganic, n.o.s. Corrosive liquid, acidic, organic, n.o.s. Corrosive liquid, basic, inorganic, n.o.s. Corrosive liquids, n.o.s .. G ............ G ............ G ............ Coating solution (includes surface treatments or coatings used for industrial or other purposes such as vehicle undercoating, drum or barrel lining). Articles, pyrotechnic for technical purposes. Articles, explosive, n.o.s Adhesives, containing a flammable liquid. Acrolein, stabilized ........ [REVISE]. (2) G ............ G ............ (1) Symbols Hazardous materials descriptions and proper shipping names mstockstill on DSK4VPTVN1PROD with RULES2 * * * * * * * 3 6.1 E:\FR\FM\21JAR2.SGM 21JAR2 8 8 8 8 3 1.4G 1.4S (3) Hazard class or division (5) PG * 3 ............... * 6.1, 3 ........ (6) Label codes III ........ 3 ............... 8 ............... 8 ............... 8 ............... 8 ............... 8 ............... II ......... III ........ I .......... II ......... III ........ * 8 ............... 8 ............... 8 ............... III ........ I .......... * NA1760 ...... I .......... UN3266 ...... 8 ............... II ......... * 8 ............... 3 ............... III ........ * UN3264 ...... I .......... UN3265 ...... * 3 ............... * 1.4G .......... II ......... * UN1139 ...... I .......... * UN0431 ...... II ......... * 1.4S .......... 3 ............... II ......... * UN0349 ...... II ......... 3 ............... * UN1133 ...... I .......... * UN1092 ...... I .......... (4) Identification No. * A6, A7, B10, T14, TP2, TP27. 386, B2, IB2, T11, TP2, TP27. IB3, T7, TP1, TP28 ....... * A6, B10, T14, TP2, TP27. 386, B2, IB2, T11, TP2, TP27. IB3, T7, TP1, TP28 ....... A6, B10, T14, TP2, TP27. 148,B2, IB2, T11, TP2, TP27. 386, IB3, T7, TP1, TP28 A6, T14, TP2, TP27 ...... 149, IB2, T4, TP1, TP8, 383. B1, IB3, T2, TP1 ........... * T11, TP1, TP8, TP27 .... * 381 ................................ * 101, 148, 382 ................ 149, 383, B52, IB2, T4, TP1, TP8. B1, B52, IB3, T2, TP1 ... * T11, TP1, TP8, TP27 .... * 1, 380, B9, B14, B30, B42, B77, T22, TP2, TP7, TP13, TP38, TP44. (7) Special provisions (§ 172.102) * None ......... 154 ........... 154 ........... 154 ........... None ......... 154 ........... 154 ........... None ......... 154 ........... * None ......... 150 ........... 150 ........... * 150 ........... * None ......... * None ......... 150 ........... 150 ........... * 150 ........... * None ......... (8A) Exceptions 201 ........... 203 ........... 202 ........... 203 ........... 201 ........... 202 ........... 203 ........... 201 ........... 202 ........... 201 ........... 203 ........... 202 ........... 201 ........... 62 ............. 62 ............. 173 ........... 173 ........... 201 ........... 226 ........... (8B) Non-bulk (8) packaging (§ 173.***) § 172.101—HAZARDOUS MATERIALS TABLE * 243 ........... 241 ........... 242 ........... 241 ........... 243 ........... 242 ........... 241 ........... 243 ........... 242 ........... * 243 ........... 242 ........... 242 ........... * 243 ........... * None ......... * None ......... 242 ........... 242 ........... * 243 ........... * 244 ........... (8C) Bulk * 0.5 L ......... 5 L ............ 1 L ............ 5 L ............ 0.5 L ......... 1 L ............ 5 L ............ 0.5 L ......... 1 L ............ * 0.5 L ......... 60 L .......... 5 L ............ * 1 L ............ * Forbidden * 25 kg ........ 60 L .......... 5 L ............ * 1 L ............ * Forbidden (9A) Passenger aircraft/rail 2.5 L ......... 60 L .......... 30 L .......... 60 L .......... 2.5 L ......... 30 L .......... 60 L .......... 2.5 L ......... 30 L .......... 2.5 L ......... 220 L ........ 60 L .......... 30 L .......... 75 kg ........ 100 kg ...... 220 L ........ 60 L .......... 30 L .......... Forbidden (9B) Cargo aircraft only (9) Quantity limitations B ............... A ............... B ............... A ............... B ............... B ............... A ............... B ............... B ............... B ............... A. B. B. 02 ............. 01 ............. A. B. B. D ............... (10A) Location 40 40, 52 40, 52 40 40, 52 40 40 40 40 40 25 25 40 (10B) Other (10) Vessel stowage 3666 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations Environmentally hazardous substance, solid, n.o.s. VerDate Sep<11>2014 18:33 Jan 20, 2016 D G ........ D ............ Jkt 238001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\FR\FM\21JAR2.SGM 21JAR2 Potassium ...................... Petroleum gases, liquefied or Liquefied petroleum gas. Paint related material including paint thinning, drying, removing, or reducing compound. Paint including paint, lacquer, enamel, stain, shellac solutions, varnish, polish, liquid filler and liquid lacquer base. Other regulated substances, solid, n.o.s. Lithium ........................... Hypochlorite solutions ... Hydrochloric acid ........... Fusee (railway or highway). G ............ mstockstill on DSK4VPTVN1PROD with RULES2 * * * * * * * * * * 3 ............... 4.3 * UN2257 ...... I .......... * 4.3 ............ * 2.1 ............ 3 ............... III ........ * UN1075 ...... ............ 3 ............... II ......... UN1263 ...... 3 * 3 ............... 3 ............... III ........ * UN1263 ...... I .......... 2.1 * 3 ............... * 9 ............... II ......... * UN1263 ...... I .......... * NA3077 ...... III ........ * 4.3 ............ 8 ............... III ........ * UN1415 ...... I .......... * 8 ............... 8 ............... III ........ * UN1791 ...... II ......... * 8 ............... * 4.1 ............ * 9 ............... * UN1789 ...... II ......... * NA1325 ...... II ......... * UN3077 ...... III ........ 8 ............... III ........ 3 3 9 4.3 8 8 4.1 9 8 ............... II ......... * A7, A19, A20, B27, IB4, IP1, N6, N34, T9, TP7, TP33. * T50, N95 ....................... 149, 367, 383, B52, B131, IB2, T4, TP1, TP8, TP28. 367, B1, B52, B131, IB3, T2, TP1, TP29. * 367, T11, TP1, TP8, TP27. 149, 367, 383, B52, B131, IB2, T4, TP1, TP8, TP28. 367, B1, B52, B131, IB3, T2, TP1, TP29. * 367, T11, TP1, TP8, TP27. * 384, B54, IB8, IP2, T1, TP33. * A7, A19, IB4, IP1, N45 .. * 148, A7, B2, B15, IB2, IP5, N34, T7, TP2, TP24. 386, IB3, N34, T4, TP2, TP24. * 386, A3, A6, B3, B15, B133, IB2, N41, T8, TP2. A3, IB3, T4, TP1 ........... * 381 ................................ * 8, 146, 335, 384, A112, B54, B120, IB8, IP3, N20, N91, T1, TP33. 386, B2, IB2, T11, TP2, TP27. 386, IB3, T7, TP1, TP28 * 151 ........... * 306 ........... 150 ........... 150 ........... * 150 ........... 150 ........... 150 ........... * 150 ........... * 155 ........... * 151 ........... 154 ........... * 154 ........... 154 ........... * 154 ........... * None ......... * 155 ........... 154 ........... 154 ........... 211 ........... 304 ........... 173 ........... 173 ........... 201 ........... 173 ........... 173 ........... 201 ........... 213 ........... 211 ........... 203 ........... 202 ........... 203 ........... 202 ........... 184 ........... 213 ........... 203 ........... 202 ........... * 244 ........... * 314, 315 ... 242 ........... 242 ........... * 243 ........... 242 ........... 242 ........... * 243 ........... * 240 ........... * 244 ........... 241 ........... * 242 ........... 241 ........... * 242 ........... * None ......... * 240 ........... 241 ........... 242 ........... * Forbidden * Forbidden 60 L .......... 5 L ............ * 1 L ............ 60 L .......... 5 L ............ * 1 L ............ * No limit ..... * Forbidden 5 L ............ * 1 L ............ 5 L ............ * 1 L ............ * 15 kg ........ * No limit ..... 5 L ............ 1 L ............ 15 kg ........ 150 kg ...... 220 L ........ 60 L .......... 30 L .......... 220 L ........ 60 L .......... 30 L .......... No limit ..... 15 kg ........ 60 L .......... 30 L .......... 60 L .......... 30 L .......... 50 kg ........ No limit ..... 60 L .......... 30 L .......... D ............... E ............... A. B. E. A. B. E. A. E ............... B ............... B ............... C ............... C. B. A. A ............... B ............... 52 40 13, 52, 148 26 26 8 40 40 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations 3667 VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 D ............ G ............ (1) Symbols E:\FR\FM\21JAR2.SGM 21JAR2 Toy caps ........................ Sulfuric acid with not more than 51% acid. Sodium .......................... Signals, railway track, explosive. Signal devices, hand ..... Signal devices, hand ..... Self-heating solid, organic, n.o.s. Resin Solution, flammable. Propane, see also Petroleum gases, liquefied. Printing ink, flammable or Printing ink related material (including printing ink thinning or reducing compound), flammable. (2) Hazardous materials descriptions and proper shipping names mstockstill on DSK4VPTVN1PROD with RULES2 * * * * * * * * * 4.2 3 2.1 3 1.4S 8 4.3 1.4S 1.4G 1.4S (3) Hazard class or division (5) PG * NA0337 ...... II ......... * UN2796 ...... II ......... * UN1428 ...... I .......... * UN0193 ...... II ......... * UN0191 ...... II ......... UN0373 ...... II ......... III ........ * UN3088 ...... II ......... * 1.4S .......... * 8 ............... * 4.3 ............ * 1.4S .......... * 1.4G .......... 1.4S .......... 4.2 ............ * 4.2 ............ 3 ............... 3 ............... II ......... III ........ * 3 ............... * 2.1 ............ 3 ............... 3 ............... * 3 ............... (6) Label codes * UN1866 ...... I .......... * UN1978 ...... ............ III ........ II ......... * UN1210 ...... I .......... (4) Identification No. * 151 ........... * None ......... * None ......... None ......... None ......... * None ......... 150 ........... 150 ........... * 150 ........... * 306 ........... 150 ........... 150 ........... * 150 ........... (8A) Exceptions * 382 ................................ * None ......... * * 386, A3, A7, B2, B15, 154 ........... IB2, N6, N34, T8, TP2. * A7, A8, A19, A20, B9, B48, B68, IB4, IP1, N34, T9, TP7, TP33, TP46. * 381 ................................ * 381 ................................ 381 ................................ B116, B130, IB8, IP3, TP33. * IB6, IP2, T3, TP33 ........ * B52, T11, TP1, TP8, TP28. 149, 383, B52, IB2, T4, TP1, TP8. B1, B52, IB3, T2, TP1 ... * 19, T50, N95 ................. 149, 367, 383, IB2, T4, TP1, TP8. 367, B1, IB3, T2, TP1 ... * 367, T11, TP1, TP8 ...... (7) Special provisions (§ 172.102) 62 ............. 202 ........... 211 ........... 62 ............. 62 ............. 62 ............. 213 ........... 212 ........... 173 ........... 173 ........... 201 ........... 304 ........... 173 ........... 173 ........... 201 ........... (8B) Non-bulk (8) packaging (§ 173.***) § 172.101—HAZARDOUS MATERIALS TABLE—Continued * None ......... * 242 ........... * 244 ........... * None ......... * None ......... None ......... 241 ........... * 241 ........... 242 ........... 242 ........... * 243 ........... * 314, 315 ... 242 ........... 242 ........... * 243 ........... (8C) Bulk * 25 kg ........ * 1 L ............ * Forbidden * 25 kg ........ * Forbidden 25 kg ........ 25 kg ........ * 15 kg ........ 60 L .......... 5 L ............ * 1 L ............ * Forbidden 60 L .......... 5 L ............ * 1 L ............ (9A) Passenger aircraft/rail 100 kg ...... 30 L .......... 15 kg ........ 100 kg ...... 75 kg ........ 100 kg ...... 100 kg ...... 50 kg ........ 220 L ........ 60 L .......... 30 L .......... 150 kg ...... 220 L ........ 60 L .......... 30 L .......... (9B) Cargo aircraft only (9) Quantity limitations 01 ............. B. D ............... 01 ............. 02 ............. 01 ............. C. C. A ............... B ............... E. E ............... A. B. E. (10A) Location 25 52 25 25 25 40 (10B) Other (10) Vessel stowage 3668 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations G ............ VerDate Sep<11>2014 Water-reactive solid, n.o.s. Trinitroresorcinol, wetted or Styphnic acid, wetted with not less than 20 percent water, or mixture of alcohol and water by mass. mstockstill on DSK4VPTVN1PROD with RULES2 * * 4.3 1.1D * 4.3 ............ * 1.1D .......... 4.3 ............ 4.3 ............ * UN2813 ...... I .......... * UN0394 ...... II ......... II ......... III ........ B132, IB7, IP2, T3, TP33. B132, IB8, IP4, T1, TP33. * IB4, N40, T9, TP7, TP33 * 385 ................................ 151 ........... 151 ........... * None ......... * None ......... 213 ........... 212 ........... 211 ........... 62 ............. 241 ........... 242 ........... * 242 ........... * None ......... 25 kg ........ 15 kg ........ * Forbidden * Forbidden 100 kg ...... 50 kg ........ 15 kg ........ Forbidden E ............... E ............... E ............... 04 ............. 40 40 40 25, 5E Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations 18:33 Jan 20, 2016 Jkt 238001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 E:\FR\FM\21JAR2.SGM 21JAR2 3669 3670 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations * * * * * 7. In § 172.102: a. In paragraph (c)(1), special provisions 380, 381, 382, 383, 384, 385, and 386 are added in numerical sequence. ■ b. In paragraph (c)(3), special provisions B130, B131, B132, and B133 are added in numerical sequence. ■ c. In paragraph (c)(5), special provision N95 is added in numerical sequence. The additions are to read as follows: ■ ■ § 172.102 Special provisions. mstockstill on DSK4VPTVN1PROD with RULES2 * * * * * (c) * * * (1) * * * 380 For transportation by private carrier in a motor carrier only, this material is not subject to the segregation requirements of § 177.848(d) of this subchapter under the following conditions: a. The material is packaged in a DOT Specification 4BW240 cylinder, or in a DOT–51 portable tank. b. The material may only be loaded with Class 3, Class 8, and Division 4.1 materials in Packing Group II or III. c. The motor carrier must maintain a satisfactory safety rating as prescribed in 49 CFR part 385. 381 For railroad flagging kits, see § 173.184 (c) of this subchapter. 382 Packages containing toy plastic or paper caps for toy pistols described as ‘‘UN0349, Articles, explosive, n.o.s. (Toy caps), 1.4S’’ or ‘‘NA0337, Toy caps, 1.4S’’ are not subject to the subpart E (labeling) requirements of this part when offered for transportation by motor vehicle, rail freight, cargo vessel, and cargo aircraft and, notwithstanding the packing method assigned in § 173.62 of this subchapter, in conformance with the following conditions: a. The toy plastic or paper caps must be in the form of sheets, strips, rolls, or individual caps; b. The caps must not contain more than an average of twenty-five hundredths of a grain of explosive composition per cap; c. The caps must be packed inside packagings constructed of cardboard not less than 0.013-inch in thickness, metal not less than 0.008-inch in thickness, non-combustible plastic not less than 0.015-inch in thickness, or a composite blister package consisting of cardboard not less than 0.013-inch in thickness and non-combustible plastic not less than 0.005-inch in thickness that completely encloses the caps; d. The minimum dimensions of each side and each end of the cardboard packaging must be 1/8th inch in height or more; VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 e. The number of caps inside each packaging must be limited so that not more than 10 grains of explosives composition may be packed into one cubic inch of space, and not more than 17.5 grains of the explosive composition of toy caps may be packed in any inner packaging; f. Inner packagings must be packed in outer packagings meeting PG II performance criteria; g. Toy caps may be packed with nonexplosive or non-flammable articles provided the outer packagings are marked as prescribed in this paragraph; h. Toy paper caps of any kind must not be packed in the same packaging with fireworks; i. The outside of each package must be plainly marked ‘‘ARTICLES, EXPLOSIVES, N.O.S. (TOY CAPS)— HANDLE CAREFULLY’’ OR ‘‘TOY CAPS—HANDLE CAREFULLY’’; and j. Explosives shipped in conformance with this paragraph must have been examined in accordance with § 173.56 of this subchapter and approved by the Associate Administrator. 383 For transportation by motor vehicle, substances meeting the conditions for high viscosity flammable liquids as prescribed in § 173.121(b)(1)(i), (b)(1)(ii), and (b)(1)(iv) of this subchapter, may be reassigned to Packing Group III under the following conditions: a. Packaging must be UN standard metal drums attached with heavy duty steel strapping to a pallet; and b. The capacity of each drum must not exceed 220 L (58 gallons). 384 For green graphite electrodes and shapes that are large single component solid objects not subject to shifting, transport in open rail flat cars, open bed motor vehicles, and intermodal containers is also authorized. The objects must be secured to the flat car, motor vehicle, intermodal container, or unitized by steel banding to wooden runners or pallets and the units secured to the flat car, motor vehicle, or freight container to prevent shifting and movement, including relative motion between the objects, under conditions normally incident to transportation. Stacking is permitted two or more levels high to achieve maximum allowable utilization of the designated vehicle, rail car weight, or intermodal freight container weight or vessel hold volume. 385 Notwithstanding the provisions of § 177.834(l) of this subchapter, cargo heaters may be used when weather conditions are such that the freezing of a wetted explosive material is likely. Shipments must be made by private, leased or contract carrier vehicles under PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 exclusive use of the offeror. Cargo heaters must be reverse refrigeration (heat pump) units. Shipments made in accordance with this Special provision are excepted from the requirements of § 173.60(b)(4) of this subchapter. 386 When transported by private motor carrier only, the following corrosive liquids may be packaged in polyethylene bottles with a capacity no greater than 3.785L (one gallon), further packed inside an open-top, heavy wall, high density polyethylene box (i.e., crate) in a manner that the polyethylene bottles are not subjected to any superimposed weight, and the boxes must be reasonably secured against movement within the transport vehicle and loaded so as to minimize the possibility of coming in contact with other lading: Compounds, cleaning liquid, NA1760, PG II or III; Corrosive liquid, acidic, inorganic, n.o.s., UN3264, PG II; Corrosive liquid, acidic, organic, n.o.s., UN 3265, PG III; Corrosive liquid, basic, inorganic, n.o.s., UN3266, PG II; Hypochlorite solutions, UN1791, PG III; Hydrochloric acid solution, UN 1789, PG II; and Sulfuric acid, UN2796, PG II. a. No more than four bottles, securely closed with threaded caps, may be packed in each box. b. Each empty bottle must have a minimum weight of not less than 140 grams and a minimum wall thickness of not less than 0.020 inch (0.508 mm). c. The completed package must meet the Packing Group II performance level, as applicable for combination packagings with a plastic box outer packaging, in accordance with subpart M of part 178 of this subchapter. (i) Tests must be performed on each type and size of bottle, for each manufacturing location. Samples taken at random must withstand the prescribed tests without breakage or leakage. (ii) One bottle for every two hours of production, or for every 2500 bottles produced, must be tested by dropping a bottle filled to 98% capacity with water from a height of 1.2 meters (3.9 feet) onto solid concrete directly on the closure. (iii) A copy of the test results must be kept on file at each facility where packagings are offered for transportation, and must be made available to a representative of the Department upon request. (iv) The name or symbol of the bottle producer, and the month and year of manufacture, must be marked by E:\FR\FM\21JAR2.SGM 21JAR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations embossing, ink-jet printing of permanent ink, or other permanent means on the face or bottom of each bottle, in letters and numbers at least 6 mm (0.2 inch) high. Symbols, if used, must be registered with the Associate Administrator. (v) The box must be constructed from high-density polyethylene in the density range 0.950–0.962, and be capable of holding liquid when in the upright position. * * * * * (3) * * * B130 When transported by motor vehicle, used diatomaceous earth filter material is not subject to any other requirements of this subchapter except for the shipping paper requirements of subpart C of part 172 of this subchapter; emergency response information as required by § 172.602(a)(2) through (a)(7) of this subchapter; and the marking requirements of § 172.302 of this subchapter, if the following requirements are met: a. Packagings are non-DOT specification sift-proof motor vehicles or sift-proof roll-on/roll-off bulk bins, which are covered by a tarpaulin or other equivalent means. b. The temperature of the material at the time it is offered for transport and during transportation may not exceed 55 °C (130 °F). c. The time between offering the material for transportation at the point of origin, and unloading the material at the destination does not exceed 48 hours. d. In addition to the training requirements prescribed in §§ 172.700 through 172.704, each driver must be trained regarding the properties and hazards of diatomaceous earth filter material, precautions to ensure safe transport of the material, and actions to be taken in the event of an emergency during transportation, or a substantial delay in transit. B131 When transported by highway, rail, or cargo vessel, waste Paint and Paint related material (UN1263; PG II and PG III), when in plastic or metal inner packagings of not more than 26.5 L (7 gallons), are excepted from the marking requirements in § 172.301(a) and (c) and the labeling requirements in § 172.400(a), when further packed in the following specification and nonspecification bulk outer packagings and under the following conditions: a. Primary receptacles must conform to the general packaging requirements of subpart B of part 173 of this subchapter and may not leak. If they do leak, they must be overpacked in packagings conforming to the specification VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 requirements of part 178 of this subchapter or in salvage packagings conforming to the requirements in § 173.12 of this subchapter. b. Primary receptacles must be further packed in non-specification bulk outer packagings such as cubic yard boxes, plastic rigid-wall bulk containers, dump trailers, and roll-off containers. Bulk outer packagings must be liquid tight through design or by the use of lining materials. c. Primary receptacles may also be further packed in specification bulk outer packagings. Authorized specification bulk outer packagings are UN11G fiberboard intermediate bulk containers (IBC) and UN13H4 woven plastic, coated and with liner flexible intermediate bulk containers (FIBCs) meeting the Packing Group II performance level and lined with a plastic liner of at least 6 mil thickness. d. All inner packagings placed inside bulk outer packagings must be blocked and braced to prevent movement during transportation that could cause the container to open or fall over. Specification IBCs and FIBCs are to be secured to a pallet. B132 Except for transportation by aircraft, UN2813, Water reactive solid, n.o.s. (contains magnesium, magnesium nitrides) in PG II or III may be packaged in sift-proof bulk packagings that prevent liquid from reaching the hazardous material with sufficient venting to preclude dangerous accumulation of flammable, corrosive or toxic gaseous emissions such as methane, hydrogen and ammonia. B133 Hydrochloric acid concentration not exceeding 38%, in Packing Group II, is authorized to be packaged in UN31H1 or UN31HH1 intermediate bulk containers when loaded in accordance with the requirements of § 173.35(h) of this subchapter. (5) * * * * * * * * N95 UN1075, Liquefied petroleum gas and UN1978, Propane authorized for transport in DOT 4BA240 cylinders is not subject to the UN identification number and proper shipping name marking or the label requirements of this part subject to the following conditions: a. The cylinder must be transported in a closed motor vehicle displaying FLAMMABLE GAS placards in accordance with subpart F of part 172 of this subchapter. b. Shipping papers at all times must reflect a correct current accounting of all cylinders both full and expended. c. The cylinders are collected and transported by a private or a contract PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 3671 carrier for reconditioning, reuse or disposal. * * * * * ■ 8. In 172.202, paragraph (c) is revised to read as follows: § 172.202 Description of hazardous material on shipping papers. * * * * * (c)(1) The total quantity of the material covered by one description must appear before or after, or both before and after, the description required and authorized by this subpart. The type of packaging and destination marks may be entered in any appropriate manner before or after the basic description. Abbreviations may be used to express units of measurement and types of packagings. (2) Hazardous materials and hazardous substances transported by highway considered ‘‘household wastes’’ as defined in 40 CFR 261.4, and not subject to the Environmental Protection Agency’s hazardous waste regulations in 40 CFR parts 262 and 263, are excepted from the requirements of this paragraph. * * * * * ■ 9. In 172.315 paragraph (a)(3) is added to read as follows: § 172.315 Limited quantities. (a) * * * (3) Except for Class 1 and 7, and Division 6.1 and 6.2 materials, for highway transportation by private motor carrier, the limited quantity marking is not required to be displayed on a package containing materials assigned to Packing Group II and III prepared in accordance with the limited quantity requirements in subpart B of part 173 of this subchapter provided: (i) Inner packagings for liquid hazardous materials do not exceed 1.0 L (0.3 gallons) net capacity each; (ii) Inner packagings for solid hazardous materials do not exceed 1.0 kg (2.2 pounds) net capacity each; (iii) No more than 2 L (0.6 gallons) or 2 kg (4.4 pounds) aggregate net quantity of any one hazardous material is transported per vehicle; (iv) The total gross weight of all the limited quantity packages per vehicle does not exceed 60 kg (132 pounds); and (v) Each package is marked with the name and address of the offeror, a 24hour emergency response telephone number and the statement ‘‘Contains Chemicals’’ in letters at least 25 mm (one-inch) high on a contrasting background. * * * * * ■ 10. In § 172.400a, paragraph (a)(1) is revised and paragraph (a)(8) is added to read as follows: E:\FR\FM\21JAR2.SGM 21JAR2 3672 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations § 172.400a Exceptions from labeling. (a) * * * (1) A Dewar flask meeting the requirements in § 173.320 of this subchapter or a cylinder containing a Division 2.1, 2.2, or 2.3 material that is durably and legibly marked in accordance with CGA C–7, Appendix A (IBR; see § 171.7 of this subchapter). Notwithstanding this exception, overpacks must be labeled (see § 173.25 of this subchapter). * * * * * (8) Packages containing toy plastic or paper caps for toy pistols described as ‘‘UN0349, Articles, explosive, n.o.s. (Toy caps), 1.4S’’ or ‘‘NA0337, Toy caps, 1.4S’’ when offered in conformance with the conditions of § 172.102(c)(1), Special provision 382. * * * * * (1) The waste materials must be in their original undamaged packaging and marked with the ‘‘Consumer Commodity ORM–D’’ marking in conformance with § 172.316 or an authorized limited quantity marking in conformance with § 172.315 of this subchapter, as appropriate. The word ‘‘waste’’ in association with the proper shipping name is not required on individual packages; (2) Packages must be securely affixed to a pallet and shrink-wrapped or stretch-wrapped; (3) The outside of the shrink-wrap or stretch-wrap must be marked on opposite sides with either ‘‘Waste, Consumer Commodity, ORM–D’’ or ‘‘Waste, Limited Quantity.’’ ■ 13. In § 173.29, paragraph (f) is added to read as follows: § 173.29 PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS * 11. The authority citation for part 173 continues to read as follows: ■ Authority: 49 U.S.C. 5101–5128, 44701; 49 CFR 1.81, 1.96 and 1.97. 12. In § 173.12, add paragraph (h) to read as follows: ■ § 173.12 Exceptions for shipment of waste materials. * Empty packagings. * * * * (h) Shrink-wrapped or stretchwrapped pallets of limited quantity waste. Shrink-wrapped or stretchwrapped pallets containing packages of waste ORM–D or limited quantity materials may be transported by motor vehicle and cargo vessel under the following conditions: * * * * (f) Smokeless powder residue when transported by motor vehicle or container/trailer in container-on-flatcar (COFC) or trailer-on-flatcar (TOFC) service is excepted from subpart C (shipping papers) and the subpart F (placarding) requirements of part 172 of this subchapter when transported in conformance with the following: (1) The outer packaging must be: (i) A UN specification 1G fiber drum or 1A2 steel drum; or (ii) A UN specification 4G fiberboard box or non-specification fiberboard box containing plastic receptacle inner packagings with not more than 2.5 grams of smokeless powders in each inner packaging; (2) The amount of smokeless powder per outer packaging does not exceed 5 grams; (3) The smokeless powder is approved in accordance with § 173.56 as a Class 1 explosive material; (4) The empty packages must be transported in a closed transport vehicle; (5) The empty packages must be loaded by the shipper and unloaded by the shipper or consignee; and (6) The hazardous materials description to be used for the material is ‘‘RESIDUE: Last Contained Powder, smokeless, Hazard Class N/A, Identification Number N/A, Packing Group N/A’’. * * * * * ■ 14. In § 173.40, revise paragraph (d)(1)(ii) to read as follows: § 173.40 General packaging requirements for toxic materials packaged in cylinders. * * * * * (d) * * * (1) * * * (ii) Each cylinder with a valve must be equipped with a protective metal or plastic cap, other valve protection device, or an overpack which is sufficient to protect the valve from breakage or leakage resulting from a drop of 2.0 m (7 ft) onto a non-yielding surface, such as concrete or steel. Impact must be at an orientation most likely to cause damage. * * * * * ■ 15. In § 173.62, Packing Instruction 139 in the paragraph (c)(5) Table of Packing Methods is revised to read as follows: § 173.62 Specific packaging requirements for explosives. * * * (c) * * * (5) * * * * * TABLE OF PACKING METHODS mstockstill on DSK4VPTVN1PROD with RULES2 Packing instruction Inner packagings Intermediate packagings * * * 139 .............................................................................................. PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS: 1. For UN0065, 0102, 0104, 0289 and 0290, the ends of the detonating cord must be sealed, for example, by a plug firmly fixed so that the explosive cannot escape. The ends of CORD DETONATING flexible must be fastened securely. 2. For UN0065, 0104, 0289, 0290 the ends of the detonating cord are not required to be sealed provided the inner packaging containing the detonating cord consists of a static-resistant plastic bag of at least 3 mil thickness and the bag is securely closed. 3. For UN0065 and UN0289, inner packagings are not required when they are fastened securely in coils. * Bags ............................... * * Not necessary ................ * VerDate Sep<11>2014 * 18:33 Jan 20, 2016 * Jkt 238001 PO 00000 * Frm 00038 Fmt 4701 * Sfmt 4700 E:\FR\FM\21JAR2.SGM * 21JAR2 Outer packagings * Boxes. * Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations * * * * * 16. In § 173.150, add paragraph (h) to read as follows: ■ § 173.150 Exceptions for Class 3 (flammable and combustible liquids). * * * * * (h) Diesel fuel (NA1993) and Gasoline (UN1203) may be transported one way, by motor vehicle, directly from the loading location to an equipment repair facility, in a non-DOT specification, non-bulk packaging, known as a gasoline dispenser, that has been removed from service at a fueling station under the following conditions: (1) Prior to loading, each dispenser must be prepared for transportation by capping or plugging all product inlet and outlet piping, so that no fluid may be released during transportation; (2) No dispenser may contain more than 2 gallons of gasoline; and (3) Each dispenser must be blocked, braced or strapped to the motor vehicle in accordance with the requirements of this subchapter to prevent shifting during transportation. ■ 17. In § 173.151, paragraph (e) is added to read as follows: § 173.151 Exceptions for Class 4. mstockstill on DSK4VPTVN1PROD with RULES2 * * * * * (e) For transportation by motor vehicle only, Lithium (UN1415), Potassium (UN2257), and Sodium (UN1428) with a net quantity of material per inner packaging not exceeding 25 grams, are excepted from the labeling requirements of part 172, subpart E and the placarding requirements of part 172, subpart F of this subchapter, when offered for transportation in the following packagings under the following conditions: (1) Packaging. (i) The hazardous material is placed in a tightly closed plastic bottle after being submerged in mineral oil; (ii) The plastic bottle is placed inside a plastic bag that is securely closed to prevent leaks or punctures; (iii) The bagged bottle is then be placed inside a metal can with all void spaces filled with an oil-absorbing material and sealed tight; and (iv) The can is then placed into a heat sealed barrier bag. (2) Marking. Each inner plastic bottle, outer metal can, and barrier bag must be marked with: Chemical name; quantity; and the name and address of the offeror. Each outer packaging must be marked with the proper shipping name and identification number in conformance with § 172.301. Additionally, each outer packaging must be marked, ‘‘FOR TRANSPORT BY MOTOR VEHICLE ONLY.’’ VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 (3) Recordkeeping. (i) Records of the preparation, packaging, and marking of each chemical must be documented and all components in each package must be noted; and (ii) Records must be retained for a minimum of 5 years and be accessible at or through the shipper’s principal place of business and be made available, upon request, to the Associate Administrator or designated official. ■ 18. In § 173.156, paragraphs (c) and (d) are added to read as follows: § 173.156 Exceptions for limited quantity and ORM. * * * * * (c) Display packs. Display packs, as defined in § 171.8 of this subchapter, of consumer commodity or limited quantity packages that exceed 30 kg gross weight limitation may be transported by container/trailer in trailer-on-flatcar (TOFC) or containeron-flat-car (COFC) service, roadrailer and/or railrunner trailers, motor vehicle, or cargo vessel under the following conditions: (1) Packaging. Combination packages must conform to the requirements of Subpart B of this part and meet the following, as appropriate: (i) Primary containers must conform to the quantity limits for inner packagings prescribed in §§ 173.150(b), 173.152(b), 173.154(b), 173.155(b) and 173.306(a) and (b), as appropriate; (ii) Primary containers must be packed into trays that secure individual containers from shifting inside the completed combination package during transportation; (iii) Tray(s) must be placed into a fiberboard box, and the fiberboard box must be banded and secured to a pallet by metal, fabric, or plastic straps to form a single palletized unit; and (iv) The maximum net quantity of hazardous material permitted in one palletized unit is 550 kg (1,210 lbs.). (2) Marking. The outside of each package must be plainly and durably marked in accordance with one of the following, as appropriate: (i) As a consumer commodity as prescribed in § 172.316 of this subchapter; or (ii) As a limited quantity as prescribed in § 172.315 of this subchapter. (d) Exceptions for waste limited quantities and ORM–D materials. Exceptions for certain waste limited quantity and ORM–D materials are prescribed in § 173.12(h). ■ 19. In § 173.158, paragraphs (i) and (j) are added to read as follows: § 173.158 Nitric acid. * * PO 00000 * Frm 00039 * Fmt 4701 * Sfmt 4700 3673 (i) Nitric acid solutions of concentrations up to 40%, nitric acid by weight when offered for transportation or transported by rail, highway, or cargo vessel, may be packaged in a UN1H1 non-removable head plastic drum, tested and marked at the PG II performance level for liquids with a specific gravity of at least 1.8, and a hydrostatic test pressure appropriate for the hazardous material. (1) Each drum may only be used one time and must be destroyed after emptying. (2) Each drum must be permanently and legibly marked ‘‘Single Trip Only’’ and ‘‘Must be Destroyed When Empty.’’ (j) Nitric acid solutions, other than red fuming, with more than 70% nitric acid and Nitric acid solutions, other than red fuming, with not more than 70% nitric acid, when offered for transportation or transported by rail, highway, cargo vessel, or cargo-only aircraft may be packaged in a UN 4G outer fiberboard box meeting the Packing Group I or II performance level, as appropriate, subject to the following conditions: (1) Inner packaging: A plastic (‘‘fluorinated ethylene-propylene’’ [FEP] polymers, ‘‘perfluoroalkoxy’’ [PFA] polymers or similar materials) bottle with lined screw closure meeting the compatibility requirements of § 173.24(e) of this section and having a net capacity not greater than 2.5 liters (0.66 gallon) each. For cargo-only aircraft, the inner packaging for PG I material may not exceed 1 L (0.3 gal) capacity. The wall thickness of the bottle must not be less than 0.020’’. (2) Intermediate packaging: (i) A tightly closed rigid-foam plastic receptacle each containing one inner packaging; or (ii) A plastic bag containing one inner packaging and placed inside a heavywall polypropylene bag lined with polypropylene absorbent material of sufficient capacity to completely absorb the liquid contents of each inner package. Both bags must be tightly sealed with either plastic tape, a wire tie or a cable tie. ■ 20. In § 173.159: ■ a. The paragraph (e) introductory text is revised. ■ b. Paragraph (h) is revised. ■ c. Paragraph (j) is added. The revisions and additions read as follows: § 173.159 Batteries, wet. * * * * * (e) When transported by highway or rail, electric storage batteries containing electrolyte, acid, or alkaline corrosive battery fluid and electric storage batteries packed with electrolyte, acid, E:\FR\FM\21JAR2.SGM 21JAR2 3674 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations or alkaline corrosive battery fluid, are not subject to any other requirements of this subchapter, if all of the following are met: * * * * * (h)(1) Dry batteries or battery charger devices may be packaged in 4G fiberboard boxes with inner receptacles containing battery fluid. Completed packages must conform to the Packing Group III performance level. Not more than 12 inner receptacles may be packed in one outer box. The maximum authorized gross weight for the completed package is 34 kg (75 pounds). (2) Battery fluid, acid (UN2796) may be packaged in a UN6HG2 composite packaging further packed in a UN4G fiberboard box with a dry storage battery. The UN6HG2 composite packaging may not exceed 8.0 liters in capacity. Completed packages must conform to the Packing Group III performance level. The maximum authorized gross weight for the completed package is 37.0 kg (82.0 lbs). * * * * * (j) Nickel cadmium batteries containing liquid potassium hydroxide solution. Nickel-cadmium batteries that contain no more than 10 ml of liquid potassium hydroxide solution (UN1814) in each battery are not subject to the requirements of this subchapter under the following conditions: (1) Each battery must be sealed in a heat sealed bag, packaged to prevent short circuits, and placed in the center of an outer packaging surrounded with a foam-in-place packaging material; (2) The completed package must meet the Packing Group II performance level; (3) The gross weight of the package may not exceed 15.2 kg (33.4 pounds); and (4) The cumulative amount of potassium hydroxide solution in all of the batteries in each package may not exceed 4 ounces (0.11 kg). ■ 21. In § 173.168, add paragraph (g) to read as follows: § 173.168 Chemical oxygen generators. mstockstill on DSK4VPTVN1PROD with RULES2 * * * * * (g) Exceptions. An unapproved chemical oxygen generator with only one positive means of preventing unintentional actuation of the generator, and without the required approval number marked on the outside of the package, may be transported by motor vehicle, railcar, and cargo vessel only under the following conditions: (1) Packaging. (i) The one positive means of preventing unintentional actuation of the generator shall be installed in such a manner that the percussion primer is so completely VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 protected from its firing pin that it cannot be physically actuated or the electric firing circuit is so completely isolated from the electric match that it cannot be electrically actuated. (ii) Inner packaging. Except as provided in paragraph (g)(1)(iii) of this section below, an unapproved chemical oxygen generator, or unapproved chemical oxygen generator installed in smaller size equipment such as a PBE shall be packaged in a combination packaging consisting of a noncombustible inner packaging that fully encloses the chemical oxygen generator or piece of equipment inside an outer packaging which meets the requirements in paragraph (d)(1) of this section. (iii) Impractical size packaging. If the piece of equipment in which the unapproved chemical oxygen generator is installed is so large (e.g., an aircraft seat) as to not be practically able to be fully enclosed in the packaging prescribed in paragraph (g)(1)(ii) of this section, then a visible and durable warning tag must be securely attached to the piece of equipment stating ‘‘THIS ITEM CONTAINS A CHEMICAL OXYGEN GENERATOR.’’ (2) Testing. Each unapproved chemical oxygen generator, without its packaging, must be capable of withstanding a 1.8 meter drop onto a rigid, non-resilient, flat and horizontal surface, in the position most likely to cause damage, with no actuation or loss of contents. (3) Marking. (i) If the unapproved chemical oxygen generator is inside a piece of equipment which is sealed or difficult to determine if an oxygen generator is present, for example—a closed sealed passenger service unit, then a visible and durable warning sign must be attached to the piece of equipment stating: ‘‘THIS ITEM CONTAINS A CHEMICAL OXYGEN GENERATOR’’; and (ii) Each outer package, and overpack if used, must be visibly and durably marked with the following statement: ‘‘THIS PACKAGE IS NOT AUTHORIZED FOR TRANSPORTATION ABOARD AIRCRAFT’’. ■ 22. In § 173.181, revise paragraph (a) and add paragraph (d) to read as follows: (2) DOT 3AL cylinders constructed of aluminum alloy 6061–T6 with a minimum marked service pressure of 1,800 psig and a maximum water capacity of 49 liters (13 gal) may be used for the transportation of inorganic pyrophoric liquids (UN3194). Any preheating or heating of the DOT 3AL cylinder must be limited to a maximum temperature of 79.4 °C (175 °F). (3) Cylinders authorized under paragraphs (a)(1) and (a)(2) of this section equipped with valves must be: (i) Equipped with steel valve protection caps or collars; or (ii) Overpacked in a wooden box (4C1, 4C2, 4D or 4F); fiberboard box (4G), or plastic box (4H1 or 4H2). Cylinders must be secured to prevent shifting in the box and, when offered for transportation or transported, must be so loaded that pressure relief devices remain in the vapor space of the cylinder. (See § 177.838(h) of this subchapter.) * * * * * (d) Combination packagings consisting of the following: (1) Inner packaging. A 10 liter or 20 liter UN1A1 drum which has been certified to PG I of subpart M of part 178 of this subchapter. Each inner drum must— (i) Have minimum wall thickness of 1.9 mm; (ii) Have 4 NPT or VCR openings, each with a diameter of 6.3 mm; (iii) Be fabricated from stainless steel; and (iv) On the upper head, be fitted with a center opening with a maximum diameter of 68.3 mm and the opening sealed with a threaded closure fabricated from 316 stainless steel. No more than two (2) inner drums may be placed inside the outer drum. (2) Outer packaging. A UN1A2 drum that has been certified to the PG I performance level of subpart M of part 178 of this subchapter and a capacity not to exceed 208 L (55 gal). The drum must have a minimum wall thickness of 1.0 mm and the top head must be closed with a steel closing ring with a minimum thickness of 2.4 mm. No more than two (2) inner drums described in paragraph (d)(1) of this section may be placed inside the outer drum. ■ 23. In § 173.184, add paragraph (c) to read as follows: § 173.181 § 173.184 Pyrophoric materials (liquids). * * * * * (a) Authorized cylinders. (1) A specification steel or nickel cylinder prescribed for any compressed gas, except acetylene, having a minimum design pressure of 1206 kPa (175 psig). PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 Highway or rail fusees. * * * * * (c) For transportation by highway, railroad flagging kits are not subject any other requirements of this subchapter when all of the following conditions are met: E:\FR\FM\21JAR2.SGM 21JAR2 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations (1) The flagging kits may only contain fusees and railroad torpedoes as follows: (i) Fusee (rail or highway) (NA1325, Division 4.1, PG II). (ii) Articles, pyrotechnic (UN0431, Division 1.4G, PG II). (iii) Signal devices, hand (UN0373, Division 1.4S, PG II). (iv) Signal devices, hand (UN0191, Division 1.4G, PG II). (v) Signals, railway track, explosive (UN0193, Division 1.4S, PG II). (2) Fusees and railroad torpedoes must be transported in compartmented metal containers. Each compartment must have a cover with a latching device. Compartments for railroad torpedoes must be equipped with a spring-loaded positive locking device. Each compartment may only contain one type of device. (3) Each flagging kit may contain a maximum of 36 fusees and 36 railroad torpedoes. No more than six (6) flagging kits may be transported at one time on any motor vehicle. (4) Flagging kits may only be transported on railroad motor vehicles including privately owned motor vehicles under the direct control of onduty railroad employees. (5) The fusees and railroad torpedoes must be kept in the closed flagging kits whenever they are not being used on the railroad right-of-way, while the motor vehicle is being driven, or whenever the motor vehicle is located on other than railroad property. (6) When left in unattended motor vehicles on non-railroad property, a flagging kit must be locked inside the motor vehicle, or stored in a locked compartment on the motor vehicle. ■ 24. In § 173.188, add paragraph (a)(3) to read as follows: (v) The net mass of the material and water, in kilograms, must not exceed the mass that would be permitted by calculating the volume of the packaging in liters multiplied by the specific gravity indicated on the package certification; (vi) Transportation is by private or contract motor carrier only; and (vii) Transportation is authorized from the offeror’s location to a facility where it must be unloaded by the consignee. * * * * * ■ 25. In § 173.193, revise paragraph (b) to read as follows: § 173.188 * White or yellow phosphorus. mstockstill on DSK4VPTVN1PROD with RULES2 * * * * * (a) * * * (3)(i) A 115 L (30 gallon) UN1A2 steel drum certified to the PG I performance level for solids and the PG I or PG II performance level for liquids and dual marked, at a minimum, as a UN1A2/ X400/S (for solid) and UN1A2 X(or Y)/ 1.4/150 (for liquids) subject to the following conditions: (ii) Enough water must be present in each drum to ensure that the phosphorous is covered by water at all times during transportation, in any orientation of the drum; (iii) Drums must be held and observed for a minimum of 24-hours before transportation. Any leaking or otherwise unsuitable drums must be replaced prior to transportation; (iv) Packages must be destroyed and may not be reused; VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 § 173.193 Bromoacetone, methyl bromide, chloropicrin and methyl bromide or methyl chloride mixtures, etc. * * * * * (b) Bromoacetone, methyl bromide, chloropicrin and methyl bromide mixtures, chloropicrin and methyl chloride mixtures, and chloropicrin mixtures charged with non-flammable, non-liquefied compressed gas must be packed in Specification 3A, 3AA, 3B, 3C, 3E, 4A, 4B, 4BA, 4BW, or 4C cylinders having not over 113 kg (250 pounds) water capacity (nominal) except: (1) DOT Specification 4BW cylinders containing chloropicrin and methyl bromide mixtures may not exceed 453 kg (1000 pounds); and (2) The capacity limit of this paragraph does not apply to shipments of methyl bromide. * * * * * ■ 26. In § 173.226, add paragraph (f) to read as follows: § 173.226 Materials poisonous by inhalation, Division 6.1, Packing Group I, Hazard Zone A. * * * * (f) Liquid hazardous materials in Division 6.1, PG I, Hazard Zone A, are excepted from the segregation requirements of §§ 174.81, 176.83, and 177.848(d) of this subchapter when packaged as follows: (1) Inner packaging system. The inner packaging system must consist of three packagings: (i) A glass, plastic or metal receptacle, with a capacity of not more than 1 liter (1 quart), securely cushioned with a non-reactive, absorbent material. The receptacle must have a closure that is held in place by any means capable of preventing back-off or loosening of the closure by impact or vibration during transportation. (ii) The receptacle must be packed within a leak-tight packaging of metal, with a capacity of not less than 4 liters (1 gallon); and PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 3675 (iii) The metal packaging must be securely cushioned with a nonreactive absorbent material and packed in a leaktight UN 1A2 steel drum or UN 1H2 plastic drum, with a capacity of not less than 19 liters (5 gallons). (2) Outer packaging. The inner packaging system must be placed in a UN 1A2 steel drum or UN 1H2 plastic drum, with a capacity of not less than 114 liters (30 gallons). The inner packaging system must be securely cushioned with a non-reactive, absorbent material. The total amount of liquid contained in the outer packaging may not exceed 1 liter (1 quart). (3) Both the inner packaging system and the outer packaging must conform to the performance test requirements of subpart M of part 178 of this subchapter at the PG I performance level. The inner packaging system must meet these tests without benefit of the outer packaging. ■ 27. In § 173.301, revise paragraphs (f)(1), (f)(2), and (h)(2)(i), and add paragraph (f)(7) to read as follows: § 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) through (f)(7) and (j) of this section, and § 171.23(a) 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 Pamphlet S–7 (IBR, see § 171.7 of this subchapter). 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). (2) A pressure relief device, when installed, must be in communication with the vapor space of a cylinder containing a Division 2.1 (flammable gas) material. This requirement does not apply to DOT Specification 39 cylinders of 1.2L (75 cubic inches) or less in volume filled with a Liquefied petroleum gas, Methyl acetylene and Propadiene mixtures, stabilized, Propylene, Propane or Butane. * * * * * (7) A pressure relief device is not required on a DOT Specification 3E cylinder measuring up to 50mm (2 inches) in diameter by 305mm (12 E:\FR\FM\21JAR2.SGM 21JAR2 3676 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations inches) in length for the following specified gases and maximum weight limits: (i) Carbon Dioxide 0.24L (8 oz.) (ii) Ethane 0.12L (4 oz.) (iii) Ethylene 0.12L (4 oz.) (iv) Hydrogen Chloride, anhydrous 0.24L (8 oz.) (v) Monochlorotrifluoromethane 0.35L (12 oz.) (vi) Nitrous oxide, 0.24L (8 oz.) (vii) Vinyl fluoride, stabilized 0.24L (8 oz.) * * * * * (h) * * * (2) * * * (i) By equipping the cylinder with securely attached metal or plastic caps of sufficient strength to protect valves from damage during transportation; * * * * * ■ 28. In § 173.302, revise paragraph (f)(1) to read as follows: § 173.302 Filling of cylinders with nonliquefied (permanent) compressed gases or adsorbed gases. * * * * * (f) * * * (1) Only DOT specification 3A, 3AA, 3AL, 3E, 3HT, 39 cylinders, 4E (filled to less than 200 psig at 21 °C (70 °F), and UN pressure receptacles ISO 9809–1, ISO 9809–2, ISO 9809–3 and ISO 7866 cylinders are authorized. * * * * * ■ 29. In § 173.302a: ■ a. Revise paragraphs (a)(1) and (a)(5); ■ b. Add paragraph (a)(6); ■ c. Redesignate paragraphs (c), (d) and (e) as paragraphs (d), (e), and (f); and ■ d. Add new paragraph (c). The revisions and additions are to read as follows: § 173.302a Additional requirements for shipment of nonliquefied (permanent) compressed gases in specification cylinders. (a) * * * (1) DOT 3, 3A, 3AA, 3AL, 3B, 3E, 4B, 4BA, 4BW, and 4E cylinders. * * * * * (5) Aluminum cylinders manufactured in conformance with specifications DOT 39, 3AL and 4E are authorized for oxygen only under the conditions specified in § 173.302(b). (6) DOT 4E cylinders- DOT 4E cylinders with a maximum capacity of 43L (11 gal) must have a minimum rating of 240 psig and be filled to no more than 200 psig at 21 °C (70 °F). * * * * * (c) Special filling limits for DOT 3A, 3AX, 3AA, and 3AAX cylinders containing Division 2.1 gases. Except for transportation by aircraft, a DOT specification 3A, 3AX, 3AA, and 3AAX cylinder may be filled with hydrogen and mixtures of hydrogen with helium, argon or nitrogen, to a pressure 10% in excess of its marked service pressure subject to the following conditions: (1) The cylinder must conform to the requirements of paragraph (b)(2) and (b)(3) of this section; (2) The cylinder was manufactured after December 31, 1945; (3) DOT specification 3A and 3AX cylinders are limited to those having an intermediate manganese composition. (i) Cylinders manufactured with intermediate manganese steel must have been normalized, not quench and tempered. Quench and temper treatment of intermediate steel is not authorized. (ii) Cylinders manufactured with chrome moly steel must have been quenched and tempered, not normalized. Use of normalized chrome moly steel cylinders is not permitted. (4) Cylinders must be equipped with pressure relief devices as follows: (i) Cylinders less than 1.7 m (65 inches) in length must be equipped with fusible metal backed frangible disc devices; (ii) Cylinders 1.7 m (65 inches) or greater in length and 24.5 cm (9.63 inches) in diameter or larger must be * * * Carbon dioxide (see Notes 4, 7, and 8) ............................. mstockstill on DSK4VPTVN1PROD with RULES2 Kind of gas Maximum permitted filling density (%) (see Note 1) * 70.3 Carbon dioxide (see Notes 4, 7, and 8) ............................. 73.2 Carbon dioxide (see Notes 4, 7, and 8) ............................. 74.5 * * * Nitrous oxide (see Notes 7, 8, and 11) .............................. * 70.3 VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 equipped with fusible metal backed frangible disc devices or frangible disc devices. Cylinders with a diameter of 0.56 m (22 inches) or larger must be equipped with frangible disc devices. * * * * * ■ 30. In § 173.304, revise paragraph (d) to read as follows: § 173.304 Filling of cylinders with liquefied compressed gases. * * * * * (d) Refrigerant and dispersant gases. Nontoxic and nonflammable refrigerant or dispersant gases must be offered for transportation in cylinders prescribed in § 173.304a of this subchapter, or in DOT 2P, 2Q, or 2Q1 containers (§§ 178.33, 178.33a, and 178.33d–2 of this subchapter). DOT 2P, 2Q, and 2Q1 containers must be packed in strong outer packagings of such design that protect valves from damage or accidental functioning under conditions incident to transportation. For DOT 2P and 2Q containers, the pressure inside the containers may not exceed 87 psia at 21.1°C (70 °F). For 2Q1 containers, the pressure inside the container may not exceed 210 psig at 55 °C (131 °F). Each completed metal container filled for shipment must be heated until its contents reach a minimum temperature of 55 °C (131 °F) without evidence of leakage, distortion, or other defect. Each outer package must be plainly marked ‘‘INSIDE CONTAINERS COMPLY WITH PRESCRIBED SPECIFICATIONS’’. * * * * * ■ 31. In § 173.304a, in the paragraph (a)(2) table, add three new entries each for Carbon dioxide and Nitrous oxide alphabetically and in numerical order according to the maximum permitted filling density to read as follows: § 173.304a Additional requirements for shipment of liquefied compressed gases in specification cylinders. (a) * * * (2) * * * Packaging marked as shown in this column or of the same type with higher service pressure must be used, except as provided in §§ 173.301(l), 173.301a(e), and 180.205(a) (see notes following table) * * * DOT–3A2000, DOT–3AA2000, DOT–3AX2000, DOT– 3AAX2000, DOT–3T2000. DOT–3A2265, DOT–3AA2265, DOT–3AX2265, DOT– 3AAX2265, DOT–3T2265. DOT–3A2400, DOT–3AA2400, DOT–3AX2400, DOT– 3AAX2400, DOT–3T2400. * * * DOT–3A2000, DOT–3AA2000, DOT–3AX2000, DOT– 3AAX2000, DOT–3T2000. E:\FR\FM\21JAR2.SGM 21JAR2 3677 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations Kind of gas Nitrous oxide (see Notes 7, 8, and 11) .............................. 73.2 Nitrous oxide ( see Notes 7, 8, and 11) ............................. Packaging marked as shown in this column or of the same type with higher service pressure must be used, except as provided in §§ 173.301(l), 173.301a(e), and 180.205(a) (see notes following table) Maximum permitted filling density (%) (see Note 1) 74.5 * * * * * * * * 32. In § 173.306: a. Revise paragraphs (a) and (b); b. Add paragraph (e)(2); and c. Revise paragraphs (f) and (k). The revisions and additions read as follows: ■ ■ ■ ■ ■ § 173.306 Limited quantities of compressed gases. (a) Limited quantities of compressed gases for which exceptions are permitted as noted by reference to this section in § 172.101 of this subchapter are excepted from labeling, except when offered for transportation or transported by air, and, unless required as a condition of the exception, specification packaging requirements of this subchapter when packaged in accordance with the following paragraphs. For transportation by aircraft, the package must conform to the applicable requirements of § 173.27 and only packages of hazardous materials authorized aboard passengercarrying aircraft may be transported as a limited quantity. In addition, shipments are not subject to subpart F (Placarding) of part 172 of this subchapter, to part 174 of this subchapter except § 174.24, and to part DOT–3A2265, DOT–3AA2265, DOT–3AX2265, DOT– 3AAX2265, DOT–3T2265. DOT–3A2400, DOT–3AA2400, DOT–3AX2400, DOT– 3AAX2400, DOT–3T2400. * * 177 of this subchapter except § 177.817. Except as otherwise provided in this section, each package may not exceed 30 kg (66 lbs.) gross weight. (1) When in containers of not more than 4 fluid ounces capacity (7.22 cubic inches or less) except cigarette lighters. Additional exceptions for certain compressed gases in limited quantities and the ORM–D hazard class are provided in paragraph (i) of this section. (2) When in refillable metal containers filled with a material that is not classed as a hazardous material to not more than 90% of capacity at 21.1 °C (70 °F) and then charged with nonflammable, nonliquefied gas. Each container must be tested to three times the pressure at 21.1 °C (70 °F) and, when refilled, be retested to three times the pressure of the gas at 21.1 °C (70 °F). Also, one of the following conditions must be met: (i) The container is not over 0.95 L (1 quart) capacity and charged to not more than 170 psig (1172.1 kPa) at 21.1 °C (70 °F), and must be packed in a strong outer packaging; or (ii) The container is not over 114 L (30 gallons) capacity and charged to not more than 75 psig (517.1 kPa) at 21.1 °C (70 °F). * * (3) When in a metal aerosol container (see § 171.8 of this subchapter for the definition of aerosol). Authorized containers include non-specification, DOT 2P (§ 178.33 of this subchapter), DOT 2Q (§ 178.33a of this subchapter), or DOT 2Q1 (§ 178.33(d) of this subchapter) design, provided the following conditions are met. Additional exceptions for aerosol containers conforming to this paragraph (a)(3) are provided in paragraph (i) of this section. (i) Capacity. The capacity of the container must not exceed 1 L (61.0 cubic inches). (ii) General pressure conditions. The authorized metal aerosol containers and associated pressure limitations are provided in the following table. Pressure inside the container may not exceed 180 psig at 54.4 °C (130 °F) except as may be authorized by variations of a DOT specification container type. In any event, the metal container must be capable of withstanding without bursting a pressure of at least one and one-half times the equilibrium pressure of the contents at 54.4 °C (130 °F). AUTHORIZED METAL AEROSOL CONTAINERS Authorized container 140 or less ......................................................................................................................... Greater than 140 but not exceeding 160 .......................................................................... Greater than 160 but not exceeding 180 .......................................................................... Not to exceed 210 ............................................................................................................. mstockstill on DSK4VPTVN1PROD with RULES2 If the gauge pressure (psig) at 54.4 °C (130 °F) is . . . Non-DOT specification, DOT 2P, DOT 2Q, DOT 2Q1. DOT 2P, DOT 2Q, DOT 2Q1. DOT 2Q, DOT 2Q1. DOT 2Q1 (Non-flammable only). (iii) Liquid fill. The liquid content of the material and gas must not completely fill the container at 54.4 °C (130 °F). (iv) Outer packaging. The containers must be packed in strong outer packagings. (v) Pressure testing. Except as otherwise provided in this paragraph, each container, after it is filled, must be subjected to a test performed in a hot water bath; the temperature of the bath and the duration of the test must be VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 such that the internal pressure reaches that which would be reached at 55 °C (131 °F), or 50 °C (122 °F) if the liquid phase does not exceed 95% of the capacity of the container at 50 °C (122 °F)). If the contents are sensitive to heat, the temperature of the bath must be set at between 20 °C (68 °F) and 30 °C (86 °F) but, in addition, one container in 2,000 must be tested at the higher temperature. No leakage or permanent deformation of a container may occur. However, instead of this standard water PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 bath test, container(s) may be tested using one of the following methods subject to certain conditions— (A) Alternative water bath test. (1) One filled container in a lot of 2,000 must be subjected to a test performed in a hot water bath; the temperature of the bath and the duration of the test must be such that the internal pressure reaches that which would be reached at 55 °C (131 °F). If the container shows evidence of leakage or permanent E:\FR\FM\21JAR2.SGM 21JAR2 mstockstill on DSK4VPTVN1PROD with RULES2 3678 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations deformation, the lot of 2,000 containers must be rejected; (2) A second filled container in the lot of 2,000 must be weighed and compared to the weight specification for the containers as documented in the operating procedures for the weight test. Failure of the container to meet the weight specification is evidence of leakage or overfilling and the lot of 2,000 must be rejected; (3) The remainder of the containers in the lot of 2,000 must be visually inspected (e.g, examination of the seams). Containers showing evidence of leakage or overfilling must not be transported; and (4) Each person employing this test must maintain a copy of the operating procedures (or an electronic file thereof) that is accessible at, or through, its principal place of business and must make the procedures available upon request, at a reasonable time and location, to an authorized official of the Department. (B) Automated pressure test. Each person employing an automated process for pressure testing of filled containers must develop procedures for implementation of the test. Each person must maintain a copy of the procedures (or an electronic file thereof) that is accessible at, or through, its principal place of business and must make the procedures available upon request, at a reasonable time and location, to an authorized official of the Department. The procedures must, at a minimum, include instruction on the following: (1) Pressure specifications. Each person must specify pressure standard(s) (e.g. a pressure limit or range) for a container respective of the design and/or contents. Each container, after it is filled, must be pressure checked and compared to the standards. For a pressure limit, any container exceeding the pressure limit must be rejected. For a pressure range, any container outside of the set range must be rejected. The instruments used to determine the pressure must be properly calibrated before a production run to an accuracy of +/- or better; and (2) Periodic inspection. At designated intervals, a randomly selected container must be inspected for proper closure and verification of filling pressure. If a container shows signs of improper closure or over-filling, five (5) additional randomly selected containers must be inspected. If any of the additional containers show signs of improper closure or over-filling, all containers produced since the last inspection must be rejected. (C) Weight test. Each person employing a weight test of filled VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 containers must develop procedures for implementation of the test. Each person must maintain a copy of the procedures (or an electronic file thereof) that is accessible at, or through, its principal place of business and must make the procedures available upon request, at a reasonable time and location, to an authorized official of the Department. The procedures must, at a minimum, include instruction on the following: (1) Weight specifications. Each person must specify target weight specifications for a particular container. Each container, after it is filled, must be weighed and compared to the target weight specification for the container. Any container outside the target weight specification is an indication of leakage or overfilling and must be rejected. The instruments used to determine the weight must be properly calibrated before a testing run and be sufficiently sensitive to measure within 0.10 g of the true weight of the container; (2) Heat testing and pressure limits. One container out of each lot of successfully filled containers must be heat tested by raising the internal pressure until it reaches that which would be reached at 55 °C (131 °F). The lot size should be no greater than 2,000. If the pressure in the container exceeds the maximum pressure allowed for the container type or if the container shows signs of leakage or permanent deformation, the lot must be rejected. Alternatively, five (5) additional randomly selected containers from the lot may be tested to qualify the lot but if any of the five containers fail the test, the entire lot must be rejected; (3) Periodic inspection. At intervals of not more than 10 minutes, a randomly selected container must be inspected for proper closure and verification of filling pressure. If a container shows signs of improper closure or over-filling, five (5) additional randomly selected containers must be inspected. If any of the additional containers show signs of improper closure or over-filling, all containers produced since the last inspection must be rejected; and (4) Visual inspection. Each container must be visually inspected prior to being packed. Any container showing signs of leakage or permanent deformation must be rejected. (D) Leakage test. (1) Pressure and leak testing before filling. Each empty container must be subjected to a pressure equal to or in excess of the maximum expected in the filled containers at 55 °C (131 °F) or 50 °C (122 °F) if the liquid phase does not exceed 95% of the capacity of the container at 50 °C (122 °F). This must PO 00000 Frm 00044 Fmt 4701 Sfmt 4700 be at least two-thirds of the design pressure of the container. If any container shows evidence of leakage at a rate equal to or greater than 3.3 × 10¥2 mbar L/s at the test pressure, distortion or other defect, it must be rejected; and (2) Testing after filling. The person filling each container must ensure that the crimping equipment is set appropriately and the specified propellant is used before filling a container. Once filled, each container must be weighed and leak tested. The leak detection equipment must be sufficiently sensitive to detect at least a leak rate of 2.0 × 10¥3 mbar L/s at 20 °C (68 °F). Any filled container which shows evidence of leakage, deformation, or overfilling must be rejected. (vi) Each outer packaging must be marked ‘‘INSIDE CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS.’’ (4) Gas samples must be transported under the following conditions: (i) A gas sample may only be transported as non-pressurized gas when its pressure corresponding to ambient atmospheric pressure in the container is not more than 105 kPa absolute (15.22 psia). (ii) Non-pressurized gases, toxic (or toxic and flammable) must be packed in hermetically sealed glass or metal inner packagings of not more than one L (0.3 gallons) overpacked in a strong outer packaging. (iii) Non-pressurized gases, flammable must be packed in hermetically sealed glass or metal inner packagings of not more than 5 L (1.3 gallons) and overpacked in a strong outer packaging. (5) For limited quantities of Division 2.2 gases with no subsidiary risk, when in a non-DOT specification or a specification DOT 2S (§ 178.33b of this subchapter) plastic aerosol container (see § 171.8 of this subchapter for the definition of aerosol) provided all of the following conditions are met. Additional exceptions for aerosols conforming to this paragraph (a)(5) are provided in paragraph (i) of this section. (i) Capacity. The capacity of the container must not exceed 1 L (61.0 cubic inches). (ii) General pressure conditions. Authorized plastic aerosol containers and associated pressure limitations are provided in the following table. The pressure in the container must not exceed 160 psig at 54.4 °C (130 °F). The container must be capable of withstanding without bursting a pressure of at least one and one-half times the equilibrium pressure of the contents at 54.4 °C (130 °F). E:\FR\FM\21JAR2.SGM 21JAR2 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations 3679 AUTHORIZED PLASTIC AEROSOL CONTAINERS If the gauge pressure (psig) at 55 °C (131 °F) is . . . Authorized plastic container Less than 140 .................................................................................................. 140 or greater but not exceeding 160 ............................................................. Non-DOT specification, DOT 2S. DOT 2S. (iii) Liquid fill. Liquid content of the material and gas must not completely fill the container at 54.4 °C (130 °F). (iv) Outer packaging. The containers must be packed in strong outer packagings. (v) Pressure testing. Except as provided in paragraph (a)(5)(vi) of this section, each container must be subjected to a test performed in a hot water bath. The temperature of the bath and the duration of the test must be such that the internal pressure reaches that which would be reached at 55 °C (131 °F) or 50 °C (122 °F) if the liquid phase does not exceed 95% of the capacity of the container at 50 °C (122 °F). If the contents are sensitive to heat, or if the container is made of plastic material which softens at this test temperature, the temperature of the bath must be set at between 20 °C (68 °F) and 30 °C (86 °F) but, in addition, one container in 2,000 must be tested at the higher temperature. No leakage or permanent deformation of a container is permitted except that a plastic container may be deformed through softening provided that it does not leak. (vi) Leakage test. As an alternative to the hot water bath test in paragraph (a)(5)(v) of this section, testing may be performed as follows: (A) Pressure and leak testing before filling. Each empty container must be subjected to a pressure equal to or in excess of the maximum expected in the filled containers at 55 °C (131 °F) or 50 °C (122 °F) if the liquid phase does not exceed 95% of the capacity of the container at 50 °C (122 °F). This must be at least two-thirds of the design pressure of the container. If any container shows evidence of leakage at a rate equal to or greater than 3.3 × 10¥2 mbar L/s at the test pressure, distortion or other defect, it must be rejected; and (B) Testing after filling. Prior to filling, the filler must ensure that the crimping equipment is set appropriately and the specified propellant is used before filling the container. Once filled, each container must be weighed and leak tested. The leak detection equipment must be sufficiently sensitive to detect at least a leak rate of 2.0 × 10¥3 mbar L/s at 20 °C (68 °F). Any filled container that shows evidence of leakage, deformation, or excessive weight must be rejected. (vii) Each outer packaging must be marked ‘‘INSIDE CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS.’’ (b) Exceptions for foodstuffs, soap, biologicals, electronic tubes, and audible fire alarm systems. Limited quantities of compressed gases (except Division 2.3 gases) for which exceptions are provided as indicated by reference to this section in § 172.101 of this subchapter, when in conformance with one of the following paragraphs, are excepted from labeling, except when offered for transportation or transported by aircraft, and the specification packaging requirements of this subchapter. For transportation by aircraft, the package must conform to the applicable requirements of § 173.27 and only packages of hazardous materials authorized aboard passengercarrying aircraft may be transported as a limited quantity. In addition, shipments are not subject to subpart F (Placarding) of part 172 of this subchapter, to part 174 of this subchapter, except § 174.24, and to part 177 of this subchapter, except § 177.817. Additional exceptions for certain compressed gases in limited quantities and the ORM–D hazard class are provided in paragraph (i) of this section. (1) Foodstuffs or soaps with soluble or emulsified compressed gas are authorized in non-refillable metal or plastic containers not to exceed 1 L (61.0 cubic inches) capacity provided the pressure in each container does not exceed 140 psig at 54.4 °C (130 °F) unless authorized by variation of a container type. For pressures ranging from greater than 140 psig to 160 psig, a variation DOT 2P1 or DOT 2Q2 (§§ 178.33(c) and (d) of this subchapter, respectively) container must be used. However, the pressure of the contents in the container may not be greater than 150 psig at 23.9 °C (75 °F). Plastic containers may only contain Division 2.2 non-flammable soluble or emulsified compressed gas. Metal or plastic containers must be capable of withstanding, without bursting, a pressure of at least one and one-half times the equilibrium pressure of the contents at 54.4 °C (130 °F). AUTHORIZED AEROSOL CONTAINERS FOR FOODSTUFFS AND SOAPS Authorized container Not exceeding 140 ........................................................................................... Greater than 140 but not exceeding 160 ........................................................ Greater than 160 but not exceeding 180 ........................................................ mstockstill on DSK4VPTVN1PROD with RULES2 If the gauge pressure (psig) at 54.4 °C (130 °F) is . . . Non-DOT specification, DOT 2P, DOT 2P1, DOT 2Q, DOT 2Q2. DOT 2P, DOT 2P1, DOT 2Q, DOT 2Q2. DOT 2Q, DOT 2Q2. (i) Containers must be packed in strong outer packagings. (ii) Liquid content of the material and the gas must not completely fill the container at 55 °C (131 °F). (iii) Each outer packaging must be marked ‘‘INSIDE CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS.’’ (2) Cream in refillable metal or plastic containers with soluble or emulsified compressed gas. Plastic containers must VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 only contain Division 2.2 nonflammable soluble or emulsified compressed gas. Containers must be of such design that they will hold pressure without permanent deformation up to 375 psig and must be equipped with a device designed so as to release pressure without bursting of the container or dangerous projection of its parts at higher pressures. This exception applies PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 to shipments offered for transportation by refrigerated motor vehicles only. (3) Nonrefillable metal or plastic containers charged with a Division 6.1 PG III or nonflammable solution containing biological products or a medical preparation that could be deteriorated by heat, and compressed gas or gases. Plastic containers may only contain 2.2 non-flammable soluble or emulsified compressed gas. The E:\FR\FM\21JAR2.SGM 21JAR2 mstockstill on DSK4VPTVN1PROD with RULES2 3680 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations capacity of each container may not exceed 35 cubic inches (19.3 fluid ounces). The pressure in the container may not exceed 140 psig at 54.4 °C (130 °F), and the liquid content of the product and gas must not completely fill the containers at 54.4 °C (130 °F). One completed container out of each lot of 500 or less, filled for shipment, must be heated, until the pressure in the container is equivalent to equilibrium pressure of the contents at 54.4 °C (130 °F). There must be no evidence of leakage, distortion, or other defect. The container must be packed in strong outer packagings. (4) Electronic tubes, each having a volume of not more than 30 cubic inches and charged with gas to a pressure of not more than 35 psig and packed in strong outer packagings are authorized. (5) Audible fire alarm systems powered by a compressed gas contained in an inside metal container when shipped are authorized under the following conditions: (i) Each inside container must have contents that are not flammable, poisonous, or corrosive as defined under this part, (ii) Each inside container may not have a capacity exceeding 35 cubic inches (19.3 fluid ounces), (iii) Each inside container may not have a pressure exceeding 70 psig at 21.1 °C (70 °F) and the liquid portion of the gas may not completely fill the inside container at 54.4 °C (130 °F), and (iv) Each nonrefillable inside container must be designed and fabricated with a burst pressure of not less than four times its charged pressure at 54.4 °C (130 °F). Each refillable inside container must be designed and fabricated with a burst pressure of not less than five times its charged pressure at 54.4 °C (130 °F). * * * * * (e) * * * (2) Used refrigerating machines. (i) Packaging. Reconditioned (used) refrigerating machines (UN 2857, Div. 2.2) may be excepted from the marking requirements of § 172.302(c) of this subchapter and transported by motor vehicle when they conform to the requirements prescribed in § 173.306(e)(1), are secured or permanently attached to the motor vehicle, and are: (A) Permanently affixed to a steel base structure, (B) Permanently affixed to a trailer, or (C) Manufactured with a rigid internal structure designed for transportation and stacking conditions such that they do not leak and do not deteriorate, VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 distort, or become damaged in a manner that could adversely affect their safety or reduce their strength in transportation, cause instability in stacks of refrigerating machines, or cause damage to these machines in a way that is likely to reduce safety in transportation. (ii) Testing. Used refrigerating machines returned from their rental locations must be transported back to an authorized original equipment manufacturer service facility and undergo maintenance, repair and/or replacement that renders these machines operational at the same level as that of new refrigerating machines, and must undergo a leak test by a certified technician, prior to reshipment. (f) Accumulators (Articles, pressurized pneumatic or hydraulic containing non-flammable gas). The following applies to accumulators, which are hydraulic accumulators containing nonliquefied, nonflammable gas, and nonflammable liquids or pneumatic accumulators containing nonliquefied, nonflammable gas, fabricated from materials which will not fragment upon rupture. (1) Accumulators installed in motor vehicles, construction equipment, and assembled machinery and designed and fabricated with a burst pressure of not less than five times their charged pressure at 70 °F, when shipped, are not subject to the requirements of this subchapter. (2) Accumulators charged with limited quantities of compressed gas to not more than 200 psig at 70 °F are excepted from labeling (except when offered for transportation by air) and the specification packaging requirements of this subchapter when shipped under the following conditions. In addition, shipments are not subject to subpart F (placarding) of part 172 of this subchapter, to part 174 of this subchapter except § 174.24 and to part 177 of this subchapter except § 177.817. (i) Each accumulator must be shipped as an inside packaging; (ii) Each accumulator may not have a gas space exceeding 2,500 cubic inches under stored pressure; and (iii) Each accumulator must be tested, without evidence of failure or damage, to at least three times its charged pressure of 70 °F, but not less than 120 psi before initial shipment and before each refilling and reshipment. (3) Accumulators with a charging pressure exceeding 200 psig at 70 °F and in compliance with the requirements stated in paragraph (f)(2) of this section, as applicable, are excepted from labeling (except when offered for PO 00000 Frm 00046 Fmt 4701 Sfmt 4700 transportation by air) and the specification packaging requirements of this subchapter when shipped under the following conditions: (i) Each accumulator must be designed and fabricated with a burst pressure of not less than five (5) times its charged pressure at 70 °F when shipped; (ii) For an accumulator with a gas space not to exceed 100 cubic inches, it must be designed and fabricated with a burst pressure of not less than five (5) times its charged pressure at 70 °F. Out of each lot not to exceed 1,000 successively produced accumulators per day of the same type, accumulators must be tested, in lieu of the testing of paragraph (f)(2)(iii) of this section, as follows: (A) One (1) accumulator must be tested to the minimum design burst pressure; (B) Two (2) accumulators, one at the beginning of production and one at the end must be tested to at least two and a half times the charge pressure without evidence of leakage or distortion; (C) If accumulators fail either test, an additional four (4) sets of accumulators from the lot may be tested. If any additional accumulators fail, the lot must be rejected; (iii) For an accumulator with a gas space not to exceed 30 cubic inches, it must be designed and fabricated with a burst pressure of not less than four (4) times its charged pressure at 70 °F. Out of each lot not to exceed 1,000 successively produced accumulators per day of the same type, accumulators must be tested, in lieu of the testing of paragraph (f)(2)(iii) of this section, as follows: (A) One (1) accumulator must be tested to the minimum design burst pressure; (B) Two (2) accumulators, one at the beginning of production and one at the end must be tested to at least two and a half times the charge pressure without evidence of leakage or distortion; (C) If accumulators fail either test, an additional four (4) sets of accumulators from the lot may be tested. If any additional accumulators fail, the lot must be rejected; (iv) Accumulators must be packaged in strong outer packaging. (4) Accumulators intended to function as shock absorbers, struts, gas springs, pneumatic springs or other impact or energy-absorbing devices are not subject to the requirements of this subchapter provided each: (i) Has a gas space capacity not exceeding 1.6 L and a charge pressure not exceeding 280 bar, where the product of the capacity expressed in E:\FR\FM\21JAR2.SGM 21JAR2 3681 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations liters and charge pressure expressed in bars does not exceed 80 (for example, 0.5 L gas space and 160 bar charge pressure); (ii) Has a minimum burst pressure of 4 times the charge pressure at 20 °C for products not exceeding 0.5 L gas space capacity and 5 times the charge pressure for products greater than 0.5 L gas space capacity; (iii) Design type has been subjected to a fire test demonstrating that the article relieves its pressure by means of a fire degradable seal or other pressure relief device, such that the article will not fragment and that the article does not rocket; and (iv) Accumulators must be manufactured under a written quality assurance program which monitors parameters controlling burst strength, burst mode and performance in a fire situation as specified in paragraphs (f)(4)(i) through (f)(4)(iii) of this section. A copy of the quality assurance program must be maintained at each facility at which the accumulators are manufactured. (5) Accumulators not conforming to the provisions of paragraphs (f)(1) through (f)(4) of this section may only be transported subject to the approval of the Associate Administrator. * * * * * (k) Aerosols for recycling or disposal. Aerosols (as defined in § 171.8 of this subchapter) intended for recycling or disposal may be transported under the following conditions: (1) Aerosols conforming to paragraph (a)(3), (a)(5), (b)(1), (b)(2), or (b)(3) of this section are not subject to the 30 kg (66 pounds) gross weight limitation when transported by motor vehicle for purposes of recycling or disposal under the following conditions: (i) The aerosols must be packaged in a strong outer packaging. The strong outer packaging and its contents must not exceed a gross weight of 500 kg (1,100 pounds); (ii) Each aerosol must be secured with a cap to protect the valve stem or the valve stem must be removed; and (iii) The packaging must be offered for transportation or transported by— (A) Private or contract motor carrier; or (B) Common carrier in a motor vehicle under exclusive use for such service. (2) Aerosols intended to conform to paragraphs (a)(3) or (a)(5) of this section at the time of filling but are leaking, have been improperly filled, or otherwise no longer conform to paragraphs (a)(3) or (a)(5) of this section may be offered for transportation and transported for disposal or recycling under the conditions provided in this paragraph (k)(2). Such aerosols are not eligible for the exceptions provided in paragraphs (a) and (i) of this section except for subpart F (Placarding) of part 172 of this subchapter. (i) Packaging. (A) The aerosols must be packaged in a metal or plastic removable head UN 1A2, 1B2, 1N2 or 1H2 drum tested and marked to the PG II performance level or higher for liquids; (B) Each drum must be provided, when necessary, with sufficient cushioning and absorption material to prevent excessive shifting of the aerosols and to eliminate the presence of any free liquid at the time the drum is closed. All cushioning and absorbent material used in the drum must be compatible with the hazardous material; and (C) The pressure inside each completed drum, at any time during transportation, may not exceed the design test pressure marked on the drum. (ii) Hazard communication. (A) Notwithstanding the marking requirements for non-bulk packages in § 172.301 of this subchapter, each drum must be marked ‘‘AEROSOL SALVAGE’’ or ‘‘AEROSOL SALVAGE DRUM’’ in association with the required label(s); and (B) The overpack marking requirements of § 173.25 of this subchapter do not apply. (3) Modal restrictions. The completed drums must be offered for transportation and transported by private or contract carrier by highway or rail. Vessel and air transportation are not authorized. * * * * * 33. In § 173.315, paragraph (a)(2) table, the entry ‘‘Division 2.2 materials not specifically provided for in this table’’ is revised, and a note 28 is added to the end of the table. The revision and addition read as follows: ■ § 173.315 Compressed gases in cargo tanks and portable tanks. (a) * * * (2) * * * Maximum permitted filling density Kind of gas Percent by volume (see par. (f) of this section) Percent by weight (see Note 1) * * Division 2.2, materials not specifically provided for in this table. * * * mstockstill on DSK4VPTVN1PROD with RULES2 * * * * * Note 28: For UN1080, Sulfur hexafluoride, a non-specification cargo tank that otherwise conforms to a DOT Specification MC 331 cargo tank except for design pressure and capacity is VerDate Sep<11>2014 18:33 Jan 20, 2016 * See par. (c) of this section. Jkt 238001 Specification container required * * See Note 7 ................ * PO 00000 Frm 00047 Fmt 4701 * DOT–51, MC–330, MC–331. * authorized. Design pressure may not exceed 600 psig. The water capacity range for each tank is 15 to 500 gallons. * * * * * ■ 34. In § 173.319, revise paragraph (d)(2) table to read as follows: Sfmt 4700 Minimum design pressure (psig) Type (see Note 2) * See Notes 19 and 28. * § 173.319 * Cryogenic liquids in tank cars. * * (d) * * * (2) * * * E:\FR\FM\21JAR2.SGM * 21JAR2 * * 3682 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations PRESSURE CONTROL VALVE SETTING OR RELIEF VALVE SETTING Maximum permitted filling density (percent by weight) Maximum start-to-discharge pressure (psig) Ethylene 17 ................................................................... 45 ................................................................... 75 ................................................................... Maximum pressure when offered for transportation. Design service temperature ........................... Specification (see § 180.507(b)(3) of this subchapter). * * * * * PART 174—CARRIAGE BY RAIL 35. The authority citation for part 174 continues to read as follows: ■ Authority: 49 U.S.C. 5101–5128; 49 CFR 1.81 and 1.97. 36. In § 174.67, revise paragraph (g) to read as follows: ■ § 174.67 Tank car unloading. mstockstill on DSK4VPTVN1PROD with RULES2 * * * * * (g) The valve cap, or the reducer when a large outlet is to be used, must be removed with a suitable wrench after the set screws are loosened and a pail must be placed in position to catch any liquid that may be in the outlet chamber. If the valve cap or reducer does not unscrew easily, it may be tapped lightly with a mallet or wooden block in an upward direction. If leakage shows upon starting the removal, the cap or reducer may not be entirely unscrewed. Sufficient threads must be left engaged and sufficient time allowed to permit the controlled escape of any accumulation of liquid in the outlet chamber. If the leakage stops or the rate of leakage diminishes materially, the cap or reducer may be entirely removed. If the initial rate of leakage continues, further efforts must be made to seat the outlet valve (see paragraph (f) of this section). If this fails, the cap or reducer must be screwed up tight and the tank must be unloaded through the dome. If upon removal of the outlet cap the outlet chamber is found to be blocked with frozen liquid or any other matter, the cap must be replaced immediately and a careful examination must be made to determine whether the outlet casting has been cracked. If the obstruction is not frozen liquid, the car must be unloaded through the dome. If the obstruction is frozen liquid and no crack has been found in the outlet casting, the car may, if circumstances require it, be unloaded from the bottom by removing the cap and attaching unloading connections immediately. Before VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 Ethylene Ethylene .................................... 52.8. .................................... 10 psig ....................... .................................... .................................... 51.1 ............................ 20 psig ....................... 51.1. 20 psig. Minus 260 °F ............. 113D60W, 113C60W Minus 260 °F ............. 113C120W ................. Minus 155 °F ............. 113D120W ................. opening the valve inside the tank car with a frozen liquid blockage: (1) Steam must be applied to the outside of the outlet casting or the outlet casting must be wrapped with burlap or other rags and hot water applied to the wrapped casting to melt the frozen liquid; or (2) For combustible liquid or Class 3 liquid petroleum distillate fuels, the blockage may be cleared by attaching a fitting to the outlet line and applying nitrogen at a pressure not to exceed 100 psig. * * * * * PART 176—CARRIAGE BY VESSEL 37. The authority citation for part 176 continues to read as follows: ■ Authority: 49 U.S.C. 5101–5128; 49 CFR 1.81 and 1.97. ■ 38. Revise § 176.90 to read as follows: § 176.90 Private automobiles. (a) Class 1 (explosive) material. A private automobile which is carrying any Class 1 (explosive) material (except permitted fireworks or small arms ammunition) may not be transported on a passenger-carrying ferry vessel unless the Class 1 (explosive) material conforms to the packaging, labeling, marking, and certification requirements of this subchapter. Permitted fireworks and small arms ammunition may be carried without the required packaging, labeling, marking, or certification if they are in tight containers. (b) Engines, gasoline, or liquefied petroleum gas. Engines, internal combustion, flammable gas powered or flammable liquid powered, including when fitted in machinery or vehicles (i.e. motor vehicles, recreational vehicles, campers, trailers), vehicle flammable liquid or flammable gas powered, gasoline, and petroleum gases, liquefied or liquefied petroleum gas when included as part of a motor home, recreational vehicle, camper, or trailer; are excepted from the requirements of PO 00000 Frm 00048 Fmt 4701 Sfmt 4700 Hydrogen 6.60. Minus 423 °F. 113A175W, 113A60W. this subchapter if the following conditions are met: (1) Any container showing deterioration which might affect its integrity must not be allowed on board the vessel. A visual inspection by a responsible member of the crew must be made of each cylinder of liquefied petroleum gas before it may be allowed aboard the vessel. A cylinder that has a crack or leak, is bulged, has a defective valve or a leaking or defective pressure relief device, or bears evidence of physical abuse, fire or heat damage, or detrimental rusting or corrosion, may not offered for transportation on board the vessel. Leaking or damaged containers of gasoline may not be offered for transportation on board the vessel. (2) Motor vehicles may be stowed in the same hold or compartment or on the vehicle deck of passenger vessels with cylinders of liquefied petroleum gas when the cylinders are securely attached to recreational vehicles, such as campers or trailers. (3) Extra containers of gasoline (including camp stove or lantern fuel) and portable cylinders of liquefied petroleum gas (including cylinders for camping equipment) not securely attached to recreational vehicles must be stowed in the vessel’s paint locker. Containers must be securely closed. (4) All liquefied petroleum gas cylinders must be secured by closing the shut-off valves prior to the recreational vehicles being loaded on the vessels. The owner or operator of each recreational vehicle must be directed to close all operating valves within the vehicles. (5) ‘‘No smoking’’ signs must be posted on the vehicle decks and, if used for storage of hazardous materials; in close proximity to the vessel’s paint locker. (6) An hourly patrol of the vehicle decks must be made by a crewmember. Any unusual or dangerous situation must be reported to the vessel’s master. E:\FR\FM\21JAR2.SGM 21JAR2 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations (7) Passengers may be allowed on the vehicle decks during the voyage and are subject to the control of the crew personnel conducting the continuous vehicle deck patrol. (8) Each person responsible for performing a function authorized by this section must be trained in accordance with subpart H of part 172 of this subchapter and on the requirements of this section. (9) Shipments made under this paragraph are subject to the Incident Reporting requirements prescribed in §§ 171.15 and 171.16 of this subchapter. ■ 39. In § 176.800, revise paragraph (a) to read as follows: § 176.800 General stowage requirements. (a) Each package required to have a Class 8 (corrosive) label thereon being transported on a vessel must be stowed clear of living quarters, and away from foodstuffs and cargo of an organic nature. For the purposes of this section, food ingredients intended for human consumption (ingredients) that are Class 8 (corrosive) materials are not considered to be incompatible with other food ingredients if the intended use of those ingredients is for the manufacture of food, or food ingredients containing those food ingredients (or like ingredients), with or without other ingredients. * * * * * PART 177—CARRIAGE BY PUBLIC HIGHWAY 40. The authority citation for part 177 continues to read as follows: ■ Authority: 49 U.S.C. 5101–5128; sec. 112 of Pub. L. 103–311, 108 Stat. 1673, 1676 (1994); sec. 32509 of Pub. L. 112–141, 126 Stat. 405, 805 (2012); 49 CFR 1.81 and 1.97. 41. In § 177.834, revise paragraphs (i)(3), (i)(4), and (l)(2)(i), and remove and reserve paragraph (l)(2)(ii) to read as follows: ■ § 177.834 General requirements. mstockstill on DSK4VPTVN1PROD with RULES2 * * * * * (i) * * * (3) A qualified person ‘‘attends’’ the loading or unloading of a cargo tank only if, throughout the process: (i) Except for unloading operations subject to §§ 177.837(d), 177.840(p), and 177.840(q), the qualified person is within 7.62 m (25 feet) of the cargo tank. The qualified person attending the unloading of a cargo tank must be alert and have an unobstructed view of the cargo tank and delivery hose to the maximum extent practicable during the unloading operation; (ii) The qualified person observes all loading or unloading operations by VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 means of video cameras and monitors or instrumentation and signaling systems such as sensors, alarms, and electronic surveillance equipment located at a remote control station, and the loading or unloading system is equipped as follows: (A) For a video monitoring system used to meet the attendance requirement, the camera must be mounted so as to provide an unobstructed view of all equipment involved in the loading or unloading operations, including all valves, hoses, domes, and pressure relief devices. (B) For an instrumentation and signaling system used to meet the attendance requirement, the system must provide a surveillance capability at least equal to that of a human observer. (C) Upon loss of video monitoring capability or instrumentation and signaling systems, loading or unloading operations must be immediately terminated. (D) Shut-off valves operable from the remote control station must be provided. (E) In the event of a remote system failure, a qualified person must immediately resume attending the loading or unloading of the cargo tank as provided in paragraph (i)(3)(i) of this section. (F) A containment area must be provided capable of holding the contents of as many cargo tank motor vehicles as might be loaded at any single time. (G) A qualified person must personally conduct a visual inspection of each cargo tank motor vehicle after it is loaded, prior to departure, for any damage that may have occurred during loading. (iii) Hoses used in the loading or unloading operations are equipped with cable-connected wedges, plungers, or flapper valves located at each end of the hose, able to stop the flow of product from both the source and the receiving tank within one second without human intervention in the event of a hose rupture, disconnection, or separation. (A) Prior to each use, each hose must be inspected to ensure that it is of sound quality, without defects detectable through visual observation; and (B) The loading or unloading operations must be physically inspected by a qualified person at least once every sixty (60) minutes. (4) A person is ‘‘qualified’’ if he has been made aware of the nature of the hazardous material which is to be loaded or unloaded, has been instructed on the procedures to be followed in emergencies, and except for persons PO 00000 Frm 00049 Fmt 4701 Sfmt 4700 3683 observing loading or unloading operations by means of video cameras and monitors or instrumentation and signaling systems such as sensors, alarms, and electronic surveillance equipment located at a remote control station and persons inspecting hoses in accordance with paragraph (i)(3)(iii) of this section, is authorized to move the cargo tank, and has the means to do so. * * * * * (l) * * * (2) * * * (i) Use of combustion cargo heaters. A motor vehicle equipped with a combustion cargo heater may be used to transport Class 3 (flammable liquid) or Division 2.1 (flammable gas) materials only subject to the following conditions: (A) The combustion cargo heater is powered by diesel fuel or propane and each of the following requirements are met: (1) Electrical apparatus in the cargo compartment is non-sparking or explosion proof. (2) There is no combustion apparatus in the cargo compartment. (3) There is no connection for return of air from the cargo compartment to the combustion apparatus. (4) The heating system will not heat any part of the cargo to more than 54 °C (130 °F). (5) Heater requirements under § 393.77 of this title are complied with. (6) The heater unit and its fuel supply must be externally mounted on the truck or trailer. (7) The heater unit must retain combustion in a sealed combustion chamber. (8) The heater unit must utilize outside air for combustion (air from the cargo space cannot be used for combustion). (9) Heater unit combustion gases must be exhausted to the outside of the truck or trailer. (B) The combustion cargo heater is a catalytic heater and each of the following requirements are met: (1) The heater’s surface temperature cannot exceed 54 °C (130 °F)—either on a thermostatically controlled heater or on a heater without thermostatic control when the outside or ambient temperature is 16 °C (61 °F) or less. (2) The heater is not ignited in a loaded vehicle. (3) There is no flame, either on the catalyst or anywhere in the heater. (4) The manufacturer has certified that the heater meets the requirements under paragraph (l)(2)(i)(B) of this section by permanently marking the heater ‘‘MEETS DOT REQUIREMENTS FOR CATALYTIC HEATERS USED E:\FR\FM\21JAR2.SGM 21JAR2 3684 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations WITH FLAMMABLE LIQUID AND GAS.’’ (5) The heater is also marked ‘‘DO NOT LOAD INTO OR USE IN CARGO COMPARTMENTS CONTAINING FLAMMABLE LIQUID OR GAS IF FLAME IS VISIBLE ON CATALYST OR IN HEATER.’’ (6) Heater requirements under § 393.77 of this title are complied with. (ii) [Reserved] * * * * * ■ 42. In § 177.838, the heading of the section is revised and paragraph (i) is added to read as follows: § 177.838 Class 4 (flammable solid) materials, Class 5 (oxidizing) materials, and Division 4.2 (self-heating and pyrophoric liquid) materials. * * * * * (i) Division 4.2 (self-heating liquid) material. Notwithstanding the segregation requirements of § 177.848(d), the following Division 4.2 (self-heating) materials may be transported on the same transport vehicle with Class 8 (corrosive) materials. The hazardous materials must be palletized with a minimum height of 100 mm (4 inches) off the floor of the vehicle, and the self-heating material must be separated from the corrosive material by a minimum horizontal distance of 1.2 m (4 feet). (1) Sodium hydrosulfite or sodium dithionite, UN1384, in PG II or III packaged in UN 1A2 steel drums that meet the Packing Group II performance requirements of subpart M of part 178 of this title. (2) Thiourea dioxide, UN3341, in PG II or III packaged in UN 1G fiber drums meeting packing group II performance requirements of subpart M of part 178 of this subchapter. (3) Self-heating, solid, organic, n.o.s., UN3088, in PG II or III packaged in UN 1G fiber drums meeting the Packing Group II performance level requirements of subpart M of part 178 of this subchapter. ■ 43. In § 177.840, add paragraph (a)(3) to read as follows: mstockstill on DSK4VPTVN1PROD with RULES2 § 177.840 Class 2 (gases) materials. (a) * * * (3) Cylinders containing material classed as Division 2.3, Hazard Zone A. (i) Notwithstanding the segregation requirements of § 177.848(d), a cylinder containing a Division 2.3, Hazard Zone A materials may be transported on the same transport vehicle with materials classed as Division 2.1, Class 3, Class 4, Class 5, and Class 8 if all of the following requirements are met: (A) The Division 2.3, Hazard Zone A material must be packaged as authorized VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 by this subchapter. In addition, each package must be must be placed in a plastic bag which is taped closed and then overpacked in a UN 1A2 steel drum tested and marked for a PG II or higher performance level with insulation material inside to protect the cylinders from fire. The outside of the overpack must be marked with an indication that the inner packagings conform to the prescribed specifications. (B) A Division 2.1 material requiring strong non-bulk outer packagings in accordance with § 173.301(a)(9) of this subchapter must be overpacked in a UN 1A2 steel or 1H2 plastic drum tested and marked for a PG II or higher performance level. The outside of the overpack must be marked with an indication that the inner packagings conform to the prescribed specifications. (C) Packages containing Division 2.3 Hazard Zone A material must be separated within the transport vehicle from packages containing Division 2.1, Class 3, Class 4, Class 5, and Class 8 materials by a minimum horizontal distance of 1.2 m (4 feet). In addition, all steel or plastic overpacks containing packages of Division 2.3, Hazard Zone A or Division 2.1 material must be placed on pallets within the transport vehicle. (ii) Notwithstanding the segregation requirements of § 177.848(d), Division 2.3, Hazard Zone A material may be transported on the same transport vehicle with non-bulk packagings and IBCs meeting a UN performance standard containing only the residue of Division 2.1, 4.3, 5.1, and Class 3 and 8 materials if all of the following requirements are met: (A) The materials are transported in enclosed trailers equipped with inlet and outlet vent openings with a minimum total area of one square foot per 1,000 cubic feet of trailer volume. Electrical systems within the trailer’s interior must be non-sparking or explosion proof. (B) Cylinders must be transported in an upright position and securely restrained within the trailer, or loaded into racks, secured to pallets, or packed in wooden or fiberboard boxes or crates to prevent the cylinders from shifting or overturning within the motor vehicle under normal transportation conditions. If cylinders are secured to a pallet, the pallet must be designed to transport 1,590 kg (3,500 lbs.) per pallet and the cylinders must be secured within the pallet by a web strap rated at 4,545 kg (10,000 lbs.). (C) A cylinder containing Division 2.3 Hazard Zone A materials must be separated from non-bulk packagings and PO 00000 Frm 00050 Fmt 4701 Sfmt 4700 IBCs meeting a UN performance standard containing the residue of materials in Division 2.1, 4.3, or 5.1, or Class 3 or 8 by a minimum horizontal distance of 3 m (10 feet). The maximum gross weight of Division 2.3 Hazard Zone A material carried on one vehicle must not exceed 3,636 kg (8,000 lbs.). (D) Motor carriers must have a satisfactory safety rating as prescribed in 49 CFR part 385. * * * * * ■ 44. In § 177.841, add paragraph (f) to read as follows: § 177.841 Division 6.1 and Division 2.3 materials. * * * * * (f) Notwithstanding the segregation requirements of § 177.848(d), when transported by highway by private or contract motor carrier, Division 6.1 PG I, Hazard Zone A toxic-by-inhalation (TIH) materials meeting the definition of a hazardous waste as provided in § 171.8 of this subchapter, may be transported on the same transport vehicle with materials classed as Class 3, Class 4, Class 5, and Class 8. The Division 6.1 PG I, Hazard Zone A materials must be loaded on pallets and separated from the Class 3, Class 4, Class 5, and Class 8 materials by a minimum horizontal distance of 2.74 m (9 feet) when in conformance with the following: (1) The TIH materials are packaged in combination packagings as prescribed in § 173.226(c) of this subchapter. (2) The combination packages containing TIH materials must be: (i) Filled and packed by the offeror’s hazmat employees; (ii) Be placed on pallets, when in a transport vehicle; and (iii) Separated from hazardous materials classed as Class 3, Class 8 or Divisions 4.1, 4.2, 4.3, 5.1, or 5.2 by a nine-foot (minimum distance) buffer zone, when in a transport vehicle. The buffer zone maybe established by: (A) A load lock; (B) Empty drums; (C) Drums containing hazardous materials (e.g., Class 9) that are compatible with materials in all other drums immediately around them; or (D) Drums containing non-hazardous materials that are compatible with materials in all other drums immediately around them. PART 178—SPECIFICATIONS FOR PACKAGINGS 45. The authority citation for part 178 continues to read as follows: ■ Authority: 49 U.S.C. 5101–5128; 49 CFR 1.81 and 1.97. E:\FR\FM\21JAR2.SGM 21JAR2 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations 46. Sections 178.33c, 178.33c–1, and 178.33c–2 are added to subpart B to read as follows: ■ § 178.33d–2 Compliance. Required in all details. mstockstill on DSK4VPTVN1PROD with RULES2 § 178.33c–2 Variation. Notwithstanding the variation provided in this section, each container must otherwise conform to a DOT 2P container in accordance with § 178.33. The following conditions also apply under Variation 1— (a) Manufacture. Side seams: not permitted. Ends: The ends shall be designed to withstand pressure and be equipped with a pressure relief system (e.g., rim-venting release or a dome expansion device) designed to function prior to bursting of the container. (b) Tests. (1) One out of each lot of 25,000 containers or less, successively produced per day complete with ends assembled (and without a pressure relief system assembled) shall be pressure tested to destruction at gauge pressure and must not burst below 240 psig. For containers with a pressure relief system as described in paragraph (a) of this section and assembled, failure at a location other than the pressure relief system will reject the lot. For containers with an end expansion device, the lot must be rejected if the container bursts prior to buckling of the device. (2) Each such 25,000 containers or less, successively produced per day, shall constitute a lot and if the test container(s) shall fail, the lot shall be rejected. Otherwise, ten (10) additional containers of each container design produced may be selected at random and subjected to the test. These containers shall be complete with ends assembled. Should any of the containers thus tested fail, the entire lot must be rejected. All containers constituting a lot shall be of like material, size, design construction, finish, and quality. (c) Marking. By means of printing, lithographing, embossing, or stamping, each container must be marked: (1) DOT–2P1. (2) With the name or symbol of the person making the mark. A symbol, if used, must be registered with the Associate Administrator. 47. Sections 178.33d, 178.33d–1, 178.33d–2 and 178.33d–3 are added to subpart B to read as follows: ■ VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 § 178.33d–1 Compliance. Required in all details. § 178.33c Specification 2P; inner nonrefillable metal receptacle variation. § 178.33c–1 § 178.33d Specification 2Q; inner nonrefillable metal receptacle variations. Variation 1. Notwithstanding the variation provided in this paragraph, each container must otherwise conform to a DOT 2Q container in accordance with § 178.33a. The following conditions also apply under Variation 1— (a) Type and size. The maximum capacity of containers in this class may not exceed 0.40 L (24.4 cubic inches). The maximum inside diameter shall not exceed 2.1 inches. (b) Manufacture. Ends: The top of the container must be designed with a pressure relief system consisting of radial scores on the top seam(s). The bottom of the container must be designed to buckle at a pressure greater than the pressure at which the top buckles and vents. (c) Wall thickness. The minimum wall thickness for any container shall be 0.0085 inches. (d) Tests. (1) Two containers (one without a pressure relief system and one with) out of each lot of 25,000 or less, successively produced per day shall be pressure tested to destruction at gauge pressure. The container without a pressure relief system must not burst below 320 psig. The container assembled with a pressure relief system as described in paragraph (b) of this section must be tested to destruction. The bottom of the container must buckle at a pressure greater than the pressure at which the top buckles and vents. (2) Each such 25,000 containers or less, successively produced per day, shall constitute a lot and if the test container(s) shall fail, the lot shall be rejected. Otherwise, ten (10) additional pairs of containers may be selected at random and subjected to the test under which failure occurred. Should any of the containers thus tested fail, the entire lot must be rejected. All containers constituting a lot shall be of like material, size, design construction, finish, and quality. (e) Marking. By means of printing, lithographing, embossing, or stamping, each container must be marked: (1) DOT–2Q1. (2) With the name or symbol of the person making the mark. A symbol, if used, must be registered with the Associate Administrator. § 178.33d–3 Variation 2. Notwithstanding the variation provided in this paragraph, each PO 00000 Frm 00051 Fmt 4701 Sfmt 4700 3685 container must otherwise conform to a DOT 2Q container in accordance with § 178.33a. The following conditions also apply under Variation 2— (a) Manufacture. Ends: The ends shall be designed to withstand pressure and the container equipped with a pressure relief system (e.g., rim-venting release or a dome expansion device) designed to buckle prior to the burst of the container. (b) Tests. (1) One out of each lot of 25,000 containers or less, successively produced per day shall be pressure tested to destruction at gauge pressure and must not burst below 270 psig. For containers with a pressure relief system as described in paragraph (a) of this section and assembled, failure at a location other than the pressure relief system will reject the lot. (2) Each such 25,000 containers or less, successively produced per day, shall constitute a lot and if the test container(s) shall fail, the lot shall be rejected. Otherwise, ten (10) additional containers of each container design produced may be selected at random and subjected to the test. These containers shall be complete with ends assembled. Should any of the containers thus tested fail, the entire lot must be rejected. All containers constituting a lot shall be of like material, size, design construction, finish, and quality. (c) Marking. By means of printing, lithographing, embossing, or stamping, each container must be marked: (1) DOT–2Q2. (2) With the name or symbol of the person making the mark. A symbol, if used, must be registered with the Associate Administrator. PART 180—CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS 48. The authority citation for part 180 continues to read as follows: ■ Authority: 49 U.S.C. 5101–5128; 49 CFR 1.81 and 1.97. 49. Section 180.209 is amended as follows: ■ a. In paragraph (a), Table 1 ‘‘Requalification of Cylinders’’ is revised, and a footnote is added; ■ b. Revise paragraph (e); and ■ c. Amend the Table in paragraph (g) by adding an entry for ‘‘DOT 4BW’’ at the end of the table. The revision and amendments read as follows. ■ § 180.209 Requirements for requalification of specification cylinders. (a) * * * E:\FR\FM\21JAR2.SGM 21JAR2 3686 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations TABLE 1—REQUALIFICATION OF CYLINDERS 1 Specification under which cylinder was made Minimum test pressure (psig) 2 Requalification period (years) DOT 3 ................................................................ DOT 3A, 3AA ..................................................... 3000 psig .......................................................... 5/3 times service pressure, except noncorrosive service (see § 180.209(g)). 5/3 times service pressure ............................... 5. 5, 10, or 12 (see § 180.209(b), (e), (f), (h), and (j). 5, 10 or 12 (see § 180.209(e), (j) and § 180.209(m) 3). 5, 10 (see § 180.209(e). 5 or 10 (see § 180.209(e), (f)). DOT 3AL ............................................................ DOT 3AX, 3AAX ................................................ 3B, 3BN .............................................................. 3E ....................................................................... 3HT .................................................................... 3T ....................................................................... 4AA480 .............................................................. 4B, 4BA, 4BW, 4B–240ET ................................. 4D, 4DA, 4DS .................................................... DOT 4E .............................................................. 4L ....................................................................... 8, 8AL ................................................................. Exemption or special permit cylinder ................. Foreign cylinder (see § 173.301(j) of this subchapter for restrictions on use). 5/3 times service pressure ............................... 2 times service pressure (see § 180.209(g)) ... Test not required. 5/3 times service pressure ............................... 5/3 times service pressure ............................... 2 times service pressure (see § 180.209(g)) ... 2 times service pressure, except non-corrosive service (see § 180.209(g)). 2 times service ................................................. 2 times service pressure, except non-corrosive (see § 180.209(g)). Test not required. ........................................................................... See current exemption or special permit ......... As marked on cylinder, but not less than 5/3 of any service or working pressure marking. 3 (see §§ 180.209(k) and 180.213(c)). 5. 5 or 10 (see § 180.209(e) or (h)). 5, 10, or 12 (see § 180.209(e), (f), and (j)). 5. 5 or 10 (see § 180.209(e)). 10 or 20 (see § 180.209(i)). See current exemption or special permit. 5 (see §§ 180.209(l) and 180.213(d)(2)). 1 Any cylinder not exceeding 2 inches outside diameter and less than 2 feet in length is excepted from volumetric expansion test. cylinders not marked with a service pressure, see § 173.301a(b) of this subchapter. 3 This provision does not apply to cylinders used for carbon dioxide, fire extinguisher or other industrial gas service. 2 For exclusively for non-corrosive gas that is commercially free from corroding components may be requalified by volumetric expansion testing or proof pressure testing every 10 years instead of every 5 years. When subjected to a * * * * * (e) Proof pressure test. A cylinder made in conformance with DOT Specifications 4B, 4BA, 4BW, or 4E protected externally by a suitable corrosion-resistant coating and used proof pressure test, the cylinder must be carefully examined under test pressure and removed from service if a leak or defect is found. * * * * * (g) * * * Cylinders conforming to . . . Used exclusively for . . . * * DOT 4BW ....................................... * * * * * Alkali metal alloys, liquid, n.o.s., Alkali metal dispersions or Alkaline earth metal dispersions, Potassium, Potassium Sodium alloys and Sodium that are commercially free of corroding components. * * * * * 50. In § 180.213, revise paragraph (c) introductory text to read as follows: ■ § 180.213 Requalification markings. * * * * * (c) Requalification marking method. The depth of requalification markings may not be greater than specified in the applicable specification. The markings must be made by stamping, engraving, scribing, or applying a label embedded in epoxy that will remain legible and durable throughout the life of the cylinder, or by other methods that produce a legible, durable mark. * * * * * Marie Therese Dominguez, Administrator, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 2016–00780 Filed 1–20–16; 8:45 am] mstockstill on DSK4VPTVN1PROD with RULES2 BILLING CODE 4910–60–P VerDate Sep<11>2014 18:33 Jan 20, 2016 Jkt 238001 PO 00000 Frm 00052 Fmt 4701 Sfmt 9990 E:\FR\FM\21JAR2.SGM 21JAR2

Agencies

[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Rules and Regulations]
[Pages 3635-3686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00780]



[[Page 3635]]

Vol. 81

Thursday,

No. 13

January 21, 2016

Part III





 Department of Transportation





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 Pipeline and Hazardous Materials Safety Administration





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49 CFR Parts 107, 171, 172, et al.,





 Hazardous Materials: Adoption of Special Permits (MAP-21) (RRR); Final 
Rule

Federal Register / Vol. 81 , No. 13 / Thursday, January 21, 2016 / 
Rules and Regulations

[[Page 3636]]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 171, 172, 173, 174, 176, 177, 178, and 180

[Docket No. PHMSA-2013-0042 (HM-233F)]
RIN 2137-AF00


Hazardous Materials: Adoption of Special Permits (MAP-21) (RRR)

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

ACTION: Final rule.

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SUMMARY: As required by the Moving Ahead for Progress in the 21st 
Century Act
    (MAP-21), the Pipeline and Hazardous Materials Safety 
Administration is amending the Hazardous Materials Regulations to adopt 
provisions contained in certain widely-used or long-standing special 
permits that have an established safety record. The adopted amendments 
are intended to provide wider access to the regulatory flexibility 
offered in special permits and eliminate the need for numerous renewal 
requests. The adopted amendments will also reduce paperwork burdens and 
facilitate commerce while maintaining an appropriate level of safety. 
PHMSA conducted an extensive analysis of all active special permits and 
codified, as appropriate, those special permits deemed suitable in this 
rulemaking.

DATES: Effective Date: The final rule will become effective on February 
22, 2016.
    Voluntary compliance date: PHMSA is authorizing voluntary 
compliance beginning February 22, 2016.
    Delayed compliance date: Unless otherwise specified, compliance 
with the amendments adopted in this final rule is required beginning 
January 23, 2017.

FOR FURTHER INFORMATION CONTACT: Donald Burger, Office of Hazardous 
Materials Safety, Approvals and Permits Division, (202) 366-4535, or T. 
Glenn Foster, Office of Hazardous Materials Safety, Standards and 
Rulemaking Division, (202) 366-8553, Pipeline and Hazardous Materials 
Safety Administration, U.S. Department of Transportation, 1200 New 
Jersey Ave. SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Executive Summary
II. Background
III. Overview
    A. MAP-21 Legislation
    B. SP Conversion Project Methodology
    C. Petitions for Rulemaking
    D. SP Evaluation Results
    E. SPs Suitable for Adoption
IV. Public Comments
    A. General/Administrative
    B. Cylinders--General
    C. Cylinders--Non-Destructive Testing/Aerosols
    D. Cargo Tanks/Rail Cars/Portable Tanks
    E. Operational Air/Vessel
    F. Operational Highway/Rail/Shipper/Other
    G. Non-Bulk Packaging Specifications/IBCs
V. Section-by-Section Review by Topic Area
    A. Cylinders--General
    B. Cylinders--Non-Destructive Testing/Aerosols
    C. Cargo Tanks/Rail Cars/Portable Tanks
    D. Operational Air/Vessel
    E. Operational Highway/Rail/Shipper/Other
    F. Non-Bulk Packaging Specifications/IBCs
VI. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for This Rulemaking
    B. Executive Order 12866, Executive Order 13563, Executive Order 
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. Executive Order 13609 and International Trade Analysis
    J. Environmental Assessment and NEPA Analysis
    K. Privacy Act
    L. National Technology Transfer and Advancement Act
    List of Subjects

I. Executive Summary

    The Pipeline and Hazardous Materials Safety Administration (PHMSA) 
is amending the Hazardous Materials Regulations (HMR; 49 CFR parts 171-
180) by adopting requirements contained in 96 existing special permits 
(SP). These amendments are based on our review of all active SPs as of 
January 1, 2013, in which we originally identified 98 SPs containing 
requirements that appear suitable for adoption into the HMR as 
regulations of general applicability. Other SPs (1,070) were not 
proposed for adoption into the HMR because we concluded they contain 
requirements which (1) would not have, or are being applied in a manner 
which would not have, broad applicability; or (2) have already been 
adopted into the HMR, are covered by authorizations in the HMR, are 
being addressed in other rulemakings, or were removed from 
consideration after receiving public comments submitted in response to 
the January 30, 2015, notice of proposed rulemaking (NPRM) in this 
proceeding.
    In the NPRM published in the Federal Register on January 30, 2015 
[80 FR 5339], we encouraged all interested parties, particularly the 
holders of currently active SPs, to submit comments regarding the SPs 
we proposed to adopt into the HMR, the SPs we did not propose to adopt 
into the HMR, and the impacts, including costs and benefits, of the 
special permits proposed for incorporation.

II. Background

    PHMSA is amending the Hazardous Materials Regulations (HMR; 49 CFR 
Parts 171-180) by adopting certain requirements based on existing SPs 
issued by PHMSA under 49 CFR part 107, subpart B (Sec. Sec.  107.101 to 
107.127). SPs set 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, when the 
regulations do not establish a safety level, that is consistent with 
the public interest. Congress expressly authorized the Secretary of 
Transportation to issue these variances in the Hazardous Materials 
Transportation Act of 1975 (49 U.S.C. 5109) as amended.
    On July 6, 2013, President Obama signed legislation entitled 
``Moving Ahead for Progress in the 21st Century Act (MAP-21).'' Section 
33012 of this legislation required PHMSA to review and analyze SPs that 
have been in continuous effect for a 10-year period to determine which 
ones may be codified into the HMR.\1\ The legislation also required 
PHMSA to issue regulations to adopt any SPs identified as appropriate 
for adoption in a final rule by October 1, 2015. The legislation 
provided the following factors to consider during review and analysis 
to determine suitability for adoption into the HMR:
---------------------------------------------------------------------------

    \1\ Although MAP-21 only required PHMSA evaluate SPs that had 
been in continuous effect for a 10-year period, PHMSA reviewed all 
active SPs as of January 1, 2013.
---------------------------------------------------------------------------

    (1) The safety record of the hazardous materials (hazmat) 
transported under the SP;
    (2) The application of a SP;
    (3) The suitability of the provisions in the SP for incorporation 
into the hazmat regulations; and
    (4) Rulemaking activity in related areas.
    Prior to the passing of the MAP-21 legislation, PHMSA completed 
numerous rulemaking actions, through a comprehensive and refined 
approach, to convert long-standing SPs with an established safety 
record into the HMR.

[[Page 3637]]

Following the passage of the MAP-21 legislation, PHMSA modified its 
approach to align with the requirements of this legislation. 
Specifically, PHMSA established terms of reference and baseline 
criteria for the review of long-standing SPs, created tracking tools to 
monitor progress, and adopted a methodology and timeline to evaluate 
SPs.
    The January 30, 2015 NPRM provided an overview of the SP Program to 
date, a detailed review of the requirements of MAP-21 with regard to 
this initiative, and a comprehensive explanation of the rationale used 
to evaluate these SPs both prior to and after the implementation of 
MAP-21. Furthermore, the NPRM described in detail the SPs that were 
deemed not suitable for adoption into the HMR along with the 
corresponding reasoning, and proposed the adoption into the HMR of SPs 
that were deemed suitable through this review. The amendments adopted 
from the SPs in this final rule have broad applicability, fit into the 
scope of the HMR, increase flexibility in transportation, and provide 
an equivalent level of safety to that of the current regulations.

III. Overview

    Historically, PHMSA has reviewed widely used or long-standing 
special permits and adopted those that have an established safety 
record into the HMR. Since 2008, PHMSA has adopted 94 special permits 
under various rulemakings into the HMR, reducing the number of holders 
by 13,947. Rulemakings that stemmed from a special permit are noted in 
Table 1.
---------------------------------------------------------------------------

    \2\ This table represents only published rulemakings since 
January 1, 2008.

                                    Table 1--Previous Rulemaking Actions \2\
----------------------------------------------------------------------------------------------------------------
                                                                                     Number of
            Docket No.                    Title                  Purpose              permits         Holders
----------------------------------------------------------------------------------------------------------------
PHMSA-2006-25910 (HM-218E).......  Miscellaneous Cargo  Amended the HMR to                     2              15
                                    Tank Motor Vehicle   revise certain
                                    and Cylinder         requirements applicable
                                    Issues; Petitions    to the manufacture,
                                    for Rulemaking.      maintenance, and use of
                                                         DOT and MC
                                                         specification cargo
                                                         tank motor vehicles,
                                                         DOT specification
                                                         cylinders and UN
                                                         pressure receptacles.
PHMSA-2008-0005 (HM-215J)........  Revision to          Amended the HMR to                     3               6
                                    Requirements for     maintain alignment with
                                    the Transportation   international standards
                                    of Batteries and     by adopting various
                                    Battery-Powered      amendments, including
                                    Devices; and         changes to proper
                                    Harmonization with   shipping names, hazard
                                    the UN               classes, packing
                                    Recommendations,     groups, special
                                    IMDG Code, and       provisions, packaging
                                    ICAO Technical       authorizations, air
                                    Instructions.        transport quantity
                                                         limitations, and vessel
                                                         stowage requirements.
PHMSA-2009-0151 (HM-218F)........  Miscellaneous        Amended the HMR to make                1               1
                                    Amendments.          miscellaneous revisions
                                                         to update and clarify
                                                         certain regulatory
                                                         requirements.
PHMSA-2009-0289 (HM-233A)........  Incorporation of     Amended the HMR to adopt              44             510
                                    SPs into             provisions contained in
                                    Regulations.         certain widely-used or
                                                         long-standing SPs that
                                                         have an established
                                                         safety record.
PHMSA-2010-0017 (HM-245).........  Incorporation of     Amended the HMR to adopt               6     Over 10,000
                                    Cargo Tank SPs.      provisions contained in
                                                         certain widely-used or
                                                         long-standing cargo
                                                         tank SPs that are
                                                         granted to multiple
                                                         parties and have
                                                         established safety
                                                         records.
PHMSA-2010-0018 (HM-216B)........  Incorporating Rail   Amended the HMR to adopt               7             250
                                    SPs.                 SPs which authorized an
                                                         alternative tank car
                                                         qualification program,
                                                         acceptance of shipping
                                                         paper information by
                                                         voice or electronic
                                                         data interchange,
                                                         provide alternative
                                                         rail car segregation
                                                         requirements for
                                                         explosives, alternative
                                                         tank car design
                                                         requirements, and
                                                         alternative unloading
                                                         provisions for coupled
                                                         tank cars.
PHMSA-2010-0201 HM-254...........  Approval and         Amended the HMR                        2           2,131
                                    Communication        applicable to airbag
                                    Requirements for     inflators, airbag
                                    the Safe             modules and seat-belt
                                    Transportation of    pretensioners by
                                    Airbag Inflators,    authorizing an
                                    Airbag Modules,      alternative review and
                                    and Seat-belt        verification process
                                    Pretensioners.       for these devices, and
                                                         eliminating the current
                                                         requirements to have
                                                         hundreds of these
                                                         devices approved by
                                                         PHMSA prior to shipment.
PHMSA 2011-0138 (HM 218G)........  Miscellaneous        Amended the HMR by                     1               1
                                    Amendments (RRR).    adopting SPs to
                                                         authorize the
                                                         transportation by motor
                                                         vehicle of certain
                                                         regulated medical
                                                         wastes, designated as
                                                         sharps, in non-DOT
                                                         specification
                                                         containers fitted into
                                                         wheeled racks.

[[Page 3638]]

 
PHMSA-2011-0142 (HM-219).........  Miscellaneous        Amended the HMR to no                  1               1
                                    Petitions for        longer require re-
                                    Rulemaking (RRR).    application for a SP to
                                                         place the Dangerous
                                                         Cargo Manifest in
                                                         locations designated by
                                                         the master of the
                                                         vessel besides ``on or
                                                         near the bridge'' while
                                                         the vessel is docked in
                                                         a United States port
                                                         while cargo unloading,
                                                         loading, or handling
                                                         operations are underway
                                                         and the bridge is
                                                         unmanned.
PHMSA-2011-0158 (HM-233C)........  Incorporation of     Amended the HMR to adopt              18             466
                                    Certain SPs and      provisions contained in
                                    Competent            several SPs that
                                    Authorities into     provide greater
                                    Regulations.         regulatory flexibility.
                                                         The SPs in this action
                                                         addressed a variety of
                                                         alternative provisions,
                                                         including alternative
                                                         packaging
                                                         authorizations for
                                                         specific hazardous
                                                         materials (HM), and
                                                         would eliminate
                                                         approval requirements
                                                         for variances in the
                                                         manufacture of
                                                         fiberboard packagings.
PHMSA-2011-0345 (HM-233D) (NPRM).  Requirements for     Proposes to amend the                  9             566
                                    the Safe             HMR by establishing
                                    Transportation of    standards for the safe
                                    Bulk Explosives      transportation of bulk
                                    (RRR).               explosives. This
                                                         rulemaking would also
                                                         be responsive to two
                                                         petitions (P-1557, P-
                                                         1583).
                                                                                 -------------------------------
    Total........................  ...................  ........................              94          13,947
----------------------------------------------------------------------------------------------------------------

A. MAP-21 Legislation

    Section 33012 of the MAP-21 legislation revised section 5117 (f) of 
the Federal Hazardous Materials Transportation Law. As a result of this 
legislation, PHMSA was required to review and analyze SPs that have 
been in effect for 10 years or more and determine which could be 
converted into regulations. Additionally, PHMSA was required to set 
parameters for the review and issue regulations to adopt any SPs 
identified as appropriate for adoption in a final rule by October 1, 
2015. Following publication of this final rule, this process would be 
completed annually to ensure appropriate SPs are converted into the HMR 
on a consistent basis.
    The legislation also required PHMSA to address other issues related 
to the SP and approvals regulations and program processes. 
Specifically, PHMSA is required to issue regulations on standard 
operating procedures to support administration of the SP and approval 
programs. This requirement is being addressed under Docket No. PHMSA 
2012-0260 (HM-233E).
    Table 2 summarizes the MAP-21 requirements related to the SP 
program, the corresponding rulemaking actions, and required completion 
dates:

                                             Table 2--MAP-21 Summary
----------------------------------------------------------------------------------------------------------------
       MAP-21 citation               MAP-21 requirement              Docket No.         Required completion date
----------------------------------------------------------------------------------------------------------------
Sec. 33012
    (a)......................  Rulemaking mandate. PHMSA      PHMSA 2012-0260 (HM-      Final rule due by 10/01/
                                shall issue regulations that   233E).                    2014.
                                establish:
                               (1) Standard operating
                                procedures to support
                                administration of the SP and
                                approval programs; and
                                  (2) Objective criteria to
                                   support the evaluation of
                                   SP and approval
                                   applications.
    (b)......................  Initial review and analysis    PHMSA-2013-0042 (HM-      Review and analysis due
                                of SPs that have been in       233F).                    by 10/01/2013.
                                continuous effect for a 10-
                                year period to determine
                                which ones may be converted
                                into the hazmat regulations.
                                Factors to consider:
                               (1) The safety record of
                                hazmat transported under the
                                SP;
                               (2) The application of a SP;
                               (3) The suitability of
                                provisions in the SP for
                                incorporation into the
                                hazmat regulations; and
                               (4) Rulemaking activity in
                                related areas.
    (b)......................  Rulemaking mandate. Issue      PHMSA-2013-0042 (HM-      Final rule due by 10/01/
                                regulations to incorporate     233F).                    2015.
                                into the hazmat regulations
                                any SPs identified in the
                                initial review and analysis
                                that PHMSA determines are
                                appropriate for
                                incorporation based on the
                                review factors.
    (c)......................  Ongoing review and analysis    Continuous future         Review and analysis due
                                of SPs. Not later than 1       rulemaking actions on a   by 10/01/2015 and to be
                                year after the date on which   yearly basis.             completed on an annual
                                a SP has been in continuous                              basis.
                                effect for a 10-year period,
                                PHMSA shall conduct a review
                                and analysis of that SP to
                                determine whether it may be
                                converted into the hazmat
                                regulations. Factors to
                                consider:
                               (1) The safety record of
                                hazmat transported under the
                                SP;

[[Page 3639]]

 
                               (2) The application of a SP;
                               (3) The suitability of
                                provisions in the SP for
                                incorporation into the
                                hazmat regulations; and
                               (4) Rulemaking activity in
                                related areas.
    (d)......................  Rulemaking mandate. After      Continuous future         Final rule or notice of
                                completing the review and      rulemaking actions on a   no rulemaking decision
                                analysis of SPs that have      yearly basis.             due by 10/01/2016.
                                been in continuous effect
                                for a 10-year period, PHMSA
                                shall either institute a
                                rulemaking to incorporate
                                the SP into the hazmat
                                regulations or publish in
                                the Federal Register its
                                justification for why the SP
                                is not appropriate for
                                incorporation into the
                                regulations.
----------------------------------------------------------------------------------------------------------------

B. SP Conversion Project Methodology

    As previously stated, PHMSA has routinely analyzed, evaluated, and 
adopted SPs into the HMR through established procedures for decades. 
However, the specific provisions contained in MAP-21 necessitated PHMSA 
to modify and formalize its approach.
    The following table summarizes the different phases of the Special 
Permits Conversion Project (SPCP). Specifically, this table briefly 
discusses the efforts of each phase of the project and how the entire 
project was divided into the two primary stages of analysis and 
rulemaking. Each phase of the SPCP is described in Table 3.

                        Table 3--SPCP Methodology
------------------------------------------------------------------------
               Phase                        Description of action
------------------------------------------------------------------------
Analysis:
    Phase 1: Development of         The SPCP Management team developed a
     Methodology.                    methodology to consistently
                                     evaluate SPs, a system to track
                                     this analysis, sub-teams and sub-
                                     topic areas used to group similar
                                     SPs to be reviewed by the
                                     appropriate subject matter experts,
                                     and timelines and milestones.
    Phase 2: Preliminary Analysis.  An initial review of all SPs was
                                     conducted. SPs were divided by
                                     topics and sub-topics and each
                                     transportation regulations
                                     specialist was assigned a grouping.
                                     These specialists reviewed each
                                     permit and made a determination as
                                     to an SP's suitability for adoption
                                     into the HMR based on guidance
                                     provided by the SPCP Management
                                     team.
    Phase 3: Mentor Review........  The members of the SPCP Management
                                     were assigned topics and conducted
                                     a second review of the SPs deemed
                                     either not suitable or flagged for
                                     further review.
    Phase 4: Team Analysis........  PHMSA then established rulemaking
                                     teams for each topic composed of a
                                     team leader, mentor, and team
                                     members from each PHMSA Division
                                     and our modal partners. These teams
                                     then conducted a second review of
                                     those SPs deemed suitable and those
                                     flagged for follow-up.
Rulemaking:
    Phase 5: Drafting.............  For SPs deemed suitable, the team
                                     drafted regulatory text along with
                                     preamble language justifying
                                     inclusion into the HMR. The
                                     finalized draft of each topic was
                                     then submitted to the SPCP
                                     Management team for final review.
    Phase 6: Consolidate            Following review by the SPCP
     Rulemaking.                     Management team, the topic
                                     rulemakings were then combined into
                                     a master draft along with
                                     additional preamble language,
                                     regulatory analysis, and
                                     information collection activities.
    Phase 7: Rulemaking             The master draft created was then
     Coordination.                   vetted throughout the agency and
                                     with our modal partners. In
                                     addition, the rulemaking was
                                     coordinated with the Office of the
                                     Secretary of Transportation and the
                                     Office of Management and Budget.
    Phase 8: Rulemaking             Following concurrence from all
     Publication.                    entities, PHMSA submitted the NPRM
                                     to the Federal Register for
                                     publication.
    Phase 9: Final Analysis and     The draft Final Rule was then vetted
     Coordination.                   throughout the agency and with our
                                     modal partners. In addition, the
                                     rulemaking was coordinated with the
                                     Office of the Secretary of
                                     Transportation and the Office of
                                     Management and Budget.
    Phase 10: Final Rulemaking      Following concurrence from all
     Publication.                    entities, PHMSA submitted this
                                     Final Rule to the Federal Register
                                     for publication.
------------------------------------------------------------------------

    PHMSA grouped each special permit into one of six topic areas, 
based on the utility of the special permit. These topic areas were 
established to reflect the main utility and purpose of the SP. These 
topic areas of the SPs, an overview of each topic area, and the 
affected number of SP holders are detailed in Table 4.

[[Page 3640]]



                         Table 4--Topic Overview
------------------------------------------------------------------------
                                                              Holders
             Topic                       Overview          (total #  in
                                                             grouping)
------------------------------------------------------------------------
Cylinders--General.............  The SPs pertaining to               721
                                  cylinders that are
                                  adopted into the HMR
                                  in this final rule
                                  provide exceptions to
                                  existing general
                                  cylinder requirements.
Cylinders--NDT/Aerosols \3\....  The SPs pertaining to               396
                                  acoustic emission (AE)
                                  and ultrasonic
                                  examination (UE)
                                  testing of cylinders
                                  and to aerosols that
                                  are adopted into the
                                  HMR in this final rule
                                  provide exceptions to
                                  existing cylinder
                                  requirements specific
                                  to cylinder non-
                                  destructive testing
                                  (NDT) and aerosols.
Cargo Tanks/Rail Cars/Portable   The SPs pertaining to               321
 Tanks.                           cargo tanks, rail
                                  cars, and portable
                                  tanks that are adopted
                                  into the HMR in this
                                  final rule provide
                                  exceptions to existing
                                  cargo tanks, rail
                                  cars, and portable
                                  tanks requirements.
Operational Air/Vessel.........  The SPs pertaining to               207
                                  operational issues for
                                  aircraft or vessel
                                  transportation that
                                  are adopted into the
                                  HMR in this final rule
                                  provide exceptions to
                                  existing requirements
                                  for vessel and
                                  aircraft shipments.
Operational Highway/Rail/        The SPs pertaining to             1,226
 Shipper/Other.                   operational issues for
                                  highway or rail
                                  transport, shipper
                                  requirements, and
                                  other general areas
                                  that are adopted into
                                  the HMR in this final
                                  rule provide
                                  exceptions to existing
                                  highway and rail
                                  operations, shipper,
                                  and other general
                                  requirements.
Non-Bulk Packaging               The SPs pertaining to               820
 Specifications/IBCs.             non-bulk packagings,
                                  IBCs, and packaging
                                  specifications that
                                  are adopted into the
                                  HMR in this final rule
                                  provide certain
                                  exceptions to the
                                  packaging
                                  specification
                                  requirements.
                                                         ---------------
    Total......................  .......................           3,691
------------------------------------------------------------------------

C. Petitions for Rulemaking

    PHMSA considered several petitions for rulemaking submitted in 
accordance with Sec.  106.105. The petitions are discussed as follows:
---------------------------------------------------------------------------

    \3\ For the purposes of this rulemaking Non-Destructive Testing 
(NDT) includes Ultrasonic Examination (UE) and Acoustic Emission 
(AE).
---------------------------------------------------------------------------

P-1607
    The Council on the Safe Transportation of Hazardous Articles 
(COSTHA) submitted a petition for rulemaking under P-1607 which PHMSA 
accepted and proposed in the January 30, 2015 NPRM. The purpose of this 
petition for rulemaking was to adopt the provisions of SP 11458 
authorizing display packs of consumer commodities that exceed the 30 kg 
gross weight limitation prescribed for limited quantity packages. See 
the discussions in Sec. Sec.  171.8 and 173.56 under the ``Operational 
Highway/Rail/Shipper/Other'' heading of this rulemaking.
P-1608
    The Truck Trailer Manufacturers Association (TTMA) submitted a 
petition for rulemaking under P-1608 to adopt the provisions of SP 
11903 into the HMR. Under P-1608, TTMA petitioned that PHMSA adopt 
standards for the construction and use of fiber reinforced plastic 
(FRP) cargo tanks. Currently, these tanks are constructed under SP 
11903 and used under party status to SP 9166. Other special permits 
also address these standards but PHMSA did not propose to adopt them in 
the NPRM because a uniform standard for FRP cargo tanks that is ready 
for adoption does not exist. However, PHMSA is working to develop a 
uniform standard for FRP cargo tanks, which we will address in a future 
rulemaking.
P-1610
    COSTHA submitted a petition for rulemaking under P-1610 to adopt 
the provisions of SP 11110 into the HMR. This SP authorizes cargo 
aircraft operators to stow Division 1.4S and Class 8, PG III materials 
in inaccessible cargo locations in excess of the limitations specified 
in Sec.  175.75(c). This petition has been accepted by PHMSA for 
consideration in a future rulemaking as more time is needed to research 
the potential impact of changes to Sec.  175.75 and to coordinate this 
review with the appropriate parties, including our modal partners.
P-1611
    COSTHA submitted a petition for rulemaking under P-1611 to adopt 
the provisions of SP 11470 into the HMR. This SP authorizes the 
transportation in commerce of shrink-wrapped pallets containing 
packages of waste ORM-D materials with the word ``WASTE'' marked on the 
outside of the pallet instead of each individual box. This petition was 
accepted by PHMSA and is being adopted as proposed in this final rule. 
See the discussion in Sec.  173.12 under the ``Operational Highway/
Rail/Shipper/Other'' heading of this preamble.

D. SP Evaluation Results

    PHMSA is committed to the SP adoption process established by 
Congress in MAP-21. To ensure that changes made under this action are 
as efficient and effective as possible, PHMSA solicited input from its 
stakeholders. We used several tables throughout the NPRM to identify 
SPs suitable for adoption and those that were deemed not suitable. As 
required by MAP-21, the initial review and analysis of SPs considered 
the following factors:
     The safety record of hazardous materials transported under 
the SP;
     The application of a SP;
     The suitability of provisions in the SP for adoption into 
the HMR; and
     Rulemaking activity in related areas.
    Based on these factors, PHMSA developed and assigned codes 
representing its reasoning for adopting or not adopting certain SPs 
into the regulations. Table 5 explains each code.

                         Table 5--SPCP Code Key
------------------------------------------------------------------------
       Code                Title                    Explanation
------------------------------------------------------------------------
Code 1...........  Suitable for Adoption  SPs suitable for adoption.

[[Page 3641]]

 
Code 2...........  Not Suitable for       SPs not suitable because of
                    Adoption: The          the manner in which applied.
                    application of the     Because the purpose of the
                    SP.                    MAP-21 directive was to
                                           reduce need for SPs where
                                           widely-used, many of these
                                           SPs were not considered
                                           suitable for adoption because
                                           of their application; i.e.,
                                           they were not widely-used,
                                           were too technical in nature,
                                           or were too specific to a SP
                                           holder. This Code was applied
                                           to both single and multiple
                                           holders of SPs.
Code 3...........  Not Suitable for       SPs not suitable for adoption
                    Adoption: The          because of the lack of broad
                    suitability of the     applicability. Similar to
                    provision in the SP    Code 2, many of these SPs
                    for adoption into      were not considered suitable
                    the HMR.               for adoption because of the
                                           specificity of the SP. The
                                           terms of these SPs often
                                           included an inability to
                                           provide the same exception in
                                           a broad manner applicable to
                                           certain geographical
                                           locations or safety controls.
                                           This Code was also applied to
                                           both single and multiple
                                           holders of SPs.
Code 4...........  Not Suitable for       SPs being addressed in other
                    Adoption: Rulemaking   rulemakings.
                    activity in related
                    areas.
Code 5...........  Already adopted or     SPs already adopted or
                    otherwise covered      authorizations already
                    under current          specified in the current HMR.
                    regulations.           For example, these SPs will
                                           be terminated as they are no
                                           longer necessary since the
                                           provisions contained within
                                           have already been adopted or
                                           have been covered under
                                           current regulations.
------------------------------------------------------------------------

    The SPCP evaluated 1,168 permits that represented 3,691 holders of 
SPs that were active on January 1, 2013. Once the evaluation segment of 
the SPCP was completed, PHMSA identified 98 active SPs that were 
suitable for adoption in this proceeding. Since that time, SP-14422 has 
become no longer active and its provisions are not adopted in this 
final rule. Additionally, SP 4850 is not adopted in this final rule 
based on concerns that certain elements in its codification no longer 
communicated the exceptions from the HMR provided by the SP. Thus, we 
believe any additional burden not proposed in the January 30, 2015 NPRM 
would require notice and comment
    Adoption of the 96 SPs in this final rule will impact 832 SP 
holders as indicated in Table 6. The SPs adopted in this rulemaking 
represent an approximate 8% reduction in the number of active SPs and 
an approximate 23% reduction in the number of holders of those SPs as 
indicated in Table 6.

                          Table 6--SPCP Impact
------------------------------------------------------------------------
                                                SPs           Holders
------------------------------------------------------------------------
SPs Adopted in this Rulemaking Action...              96             832
Total Number Evaluated..................           1,168           3,691
Percent Reduction.......................           8.22%          22.54%
------------------------------------------------------------------------

    When combined with previous regulatory efforts to adopt SPs into 
the HMR, the impact is increased to 190 total SPs adopted since 2008, 
affecting 14,779 holders of SPs as indicated in Table 7.

                Table 7--SPs Adopted and Affected Holders
------------------------------------------------------------------------
                                                SPs           Holders
------------------------------------------------------------------------
SPs Eliminated in Previous Rulemaking                 94          13,947
 actions since 2008.....................
SPs Adopted in this Rulemaking Action...              96             832
                                         -------------------------------
    Total...............................             190          14,779
------------------------------------------------------------------------

    It is PHMSA's intent to annually review all SPs that have been in 
effect for more than 10 years. Further, PHMSA's ongoing review and 
analysis of SPs will use the same methodology and tools as in this 
proceeding. PHMSA anticipates that future analysis and review will be 
more streamlined due to the reduction in the number of SPs to be 
evaluated and the experience gained through this evaluation.

E. SPs Suitable for Adoption

    The original analysis phase of the SPCP NPRM identified 98 SPs (728 
holders) that were deemed suitable for adoption. Further, the analysis 
phase identified 1,070 SPs that were deemed not suitable for adoption. 
Please see the January 30, 2015 NPRM for more information on the SPs 
deemed not suitable, their assigned topic area, a summary of the 
permit, the number of SP holders, and each corresponding denial code. 
In this final rule, Table 8 summarizes the SPs deemed suitable, their 
assigned topic area, a summary of the permit, and the number of holders 
of SPs. The difference in the number of holders in the NPRM (728) and 
this final rule (832) are due to seven SPs proposed for adoption in the 
NPRM that are not being adopted in this final rule and four SPs that 
were not proposed for adoption in the NPRM that are being adopted in 
this final rule. All suitable SPs (96) ultimately adopted were deemed 
to be Code 1 and are adopted in this final rule.

[[Page 3642]]



                                   Table 8--SPs Suitable for Proposed Adoption
----------------------------------------------------------------------------------------------------------------
           Permit No.                     Category                         Summary                    Holders
----------------------------------------------------------------------------------------------------------------
                                                Cylinders General
----------------------------------------------------------------------------------------------------------------
SP6530.........................  Cylinders General.........  Authorizes transportation in                     26
                                                              commerce of hydrogen and mixtures
                                                              of hydrogen with helium, argon or
                                                              nitrogen, in certain cylinders
                                                              filled to 110% of their marked
                                                              service pressures.
SP8074.........................  Cylinders General.........  Authorizes transportation in                      5
                                                              commerce of certain flammable and
                                                              non-flammable gases in DOT
                                                              specification 3E cylinders
                                                              measuring 2 inches in diameter by
                                                              12 inches long without a safety
                                                              relief device.
SP12084........................  Cylinders General.........  Authorizes use of certain DOT                     1
                                                              specification 4B, 4BA, or 4BW
                                                              cylinders, which are protected
                                                              externally by a suitable corrosion-
                                                              resistant coating (such as
                                                              galvanizing or painting), for
                                                              transportation in commerce of
                                                              certain gases when retested and
                                                              marked in accordance with the
                                                              requirements specified in Sec.
                                                              180.209(e). In lieu of a 5 year
                                                              periodic hydrostatic test, or
                                                              testing in accordance with Sec.
                                                              173.213(c)(2), the prescribed
                                                              cylinders may be retested and
                                                              marked in accordance with Sec.
                                                              180.209(e).
SP12301........................  Cylinders General.........  Authorizes transportation in                      8
                                                              commerce of chloropicrin and
                                                              methyl bromide mixtures in a DOT
                                                              specification 4BW cylinder having
                                                              a capacity greater than that
                                                              specified in Sec.   173.193(b).
SP12782........................  Cylinders General.........  Authorizes transportation in                      5
                                                              commerce of certain DOT
                                                              specification cylinders,
                                                              containing Divisions 2.1, 2.2 or
                                                              2.3 materials, equipped with
                                                              plastic valve protection caps.
SP13318........................  Cylinders General.........  Authorizes transportation in                      2
                                                              commerce of DOT specification 39
                                                              cylinders of 75 cubic inches or
                                                              less volume, except as specified,
                                                              for transportation in commerce of
                                                              certain hazardous materials.
SP13544........................  Cylinders General.........  Authorizes transportation in                      1
                                                              commerce of DOT specification
                                                              4BA240 cylinders containing
                                                              liquefied petroleum gas (LPG) and/
                                                              or residue of LPG without hazard
                                                              warning labels when transported in
                                                              a closed transport vehicle that is
                                                              placarded.
SP13599........................  Cylinders General.........  Authorizes transportation in                      1
                                                              commerce of certain Division 2.2
                                                              materials in certain DOT
                                                              specification seamless steel
                                                              cylinders.
SP14251........................  Cylinders General.........  Authorizes transportation in                      6
                                                              commerce of overpacked cylinders
                                                              containing Class 2 materials with
                                                              CGA C-7 neck ring labels in lieu
                                                              of the standard label.
SP14419........................  Cylinders General.........  Authorizes transportation in                      3
                                                              commerce of pyrophoric liquid
                                                              n.o.s. in DOT specification 3AL
                                                              cylinders that are not authorized
                                                              for that material.
SP14937........................  Cylinders General.........  Authorizes transportation in                      1
                                                              commerce of certain cylinders that
                                                              have requalification markings on a
                                                              label embedded in epoxy in lieu of
                                                              stamping for the transportation of
                                                              various refrigerant gases.
----------------------------------------------------------------------------------------------------------------
                                             Cylinders--NDT/Aerosols
----------------------------------------------------------------------------------------------------------------
SP7951.........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      5
                                                              commerce of certain aerosols
                                                              containing Division 2.2 materials,
                                                              with a charge pressure not
                                                              exceeding 150 psig at 75 [deg]F
                                                              when shipped in a refrigerated
                                                              state.
SP8786.........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      6
                                                              commerce of limited quantities of
                                                              compressed gases, Division 2.2, in
                                                              accumulators which deviate from
                                                              the required retest parameters.
SP11296........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                    128
                                                              commerce of certain waste aerosol
                                                              cans containing flammable gas
                                                              propellants, including isobutane
                                                              and propane, overpacked in a UN1A2
                                                              steel drum or a UN1H2 plastic drum
                                                              for disposal.
SP12573........................  Cylinders--NDT/Aerosols...  Authorizes manufacture, marking,                  1
                                                              sale and use of a non-refillable,
                                                              non-DOT specification inside metal
                                                              container conforming with
                                                              regulations applicable to DOT
                                                              specification 2Q, for
                                                              transportation in commerce of
                                                              certain hazardous materials.
SP12995........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of certain DOT 2Q
                                                              specification, non-refillable
                                                              containers containing polyurethane
                                                              foam or foam components that will
                                                              be tested by other means in lieu
                                                              of subjecting each container to a
                                                              hot water bath.
SP13581........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of insecticide aerosol
                                                              fogger in non-DOT specification
                                                              non-refillable inside containers.
SP13601........................  Cylinders--NDT/Aerosols...  Authorizes manufacture, marking,                  1
                                                              sale and use of non-DOT
                                                              specification containers for
                                                              transportation in commerce of
                                                              certain non-flammable aerosols
                                                              containing foodstuffs at pressures
                                                              exceeding those authorized.
SP14429........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      2
                                                              commerce of a DOT specification 2P
                                                              non-refillable aluminum in-side
                                                              container which has been leakage
                                                              tested by an automated in-line
                                                              pressure check in lieu of the hot
                                                              water bath specified in the HMR.
SP14440........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of Division 2.1 aerosols
                                                              in certain non-refillable
                                                              containers which have been tested
                                                              by an alternative method in lieu
                                                              of the hot water bath test.
SP14503........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of aerosol foodstuffs in
                                                              a non-refillable metal container
                                                              similar to DOT specification 2P
                                                              and 2Q.

[[Page 3643]]

 
SP14544........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of Division 2.1 and 2.2
                                                              hazardous materials in certain non-
                                                              DOT specification and DOT
                                                              specification non-refillable
                                                              aerosol containers which have been
                                                              tested by an alternative method in
                                                              lieu of the hot water bath test.
SP14623........................  Cylinders--NDT/Aerosols...  Authorizes manufacture, marking,                  1
                                                              sale, and use of a bag-on-valve,
                                                              non-refillable, aerosol container
                                                              which has been tested by an
                                                              alternative method in lieu of the
                                                              hot water bath test. In lieu of
                                                              the hot water bath, each container
                                                              must be subject to an automated
                                                              pressure test on the line.
SP14625........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of aerosols in certain
                                                              non-refillable containers which
                                                              have been tested by an alternative
                                                              method in lieu of the hot water
                                                              bath test. In lieu of the hot
                                                              water bath, each container will be
                                                              subject to an automated pressure
                                                              test on the line.
SP14627........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of aerosols in certain
                                                              non-refillable containers which
                                                              have been tested by an alternative
                                                              method in lieu of the hot water
                                                              bath test. In lieu of the hot
                                                              water bath, each container must be
                                                              subject to an automated pressure
                                                              test on the line.
SP14723........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of aerosols containing a
                                                              Division 2.2 compressed gas in
                                                              certain non-refillable aerosol
                                                              containers which are not subject
                                                              to the hot water bath test.
SP14724........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of an aerosol in certain
                                                              non-refillable containers which
                                                              have been tested by an alternative
                                                              method in lieu of the hot water
                                                              bath test. In lieu of the hot
                                                              water bath, each container will be
                                                              subject to an automated in-line
                                                              pressure test.
SP14786........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of DOT specification 2P
                                                              and 2Q aluminum non-refillable
                                                              inside containers which are leak
                                                              tested by an automated in-line
                                                              pressure check in lieu of the hot
                                                              water bath specified in the HMR.
SP14842........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of consumer commodity
                                                              (pressurized by nitrogen,
                                                              compressed) and aerosols, non-
                                                              flammable, (each not exceeding 1 L
                                                              capacity) in DOT specification 2P
                                                              non-refillable aluminum inside
                                                              containers which have been tested
                                                              by an alternative method in lieu
                                                              of the hot water bath test. In
                                                              lieu of the hot water bath, each
                                                              container will be subject to an
                                                              automated pressure test on the
                                                              line.
SP14887........................  Cylinders--NDT/Aerosols...  Authorizes transportation of                      2
                                                              aerosols and consumer commodities
                                                              in commerce of DOT specification
                                                              2P and 2Q metal non-refillable
                                                              inside containers and non-DOT
                                                              specification metal inside
                                                              containers which are leak tested
                                                              by an automated in-line pressure
                                                              check in lieu of the hot water
                                                              bath specified in the HMR.
SP14953........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of DOT specification 2Q
                                                              non-refillable aluminum inside
                                                              containers which have been leakage
                                                              tested by an 100% automated in-
                                                              line pressure check in lieu of the
                                                              hot water bath test.
SP15135........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of certain DOT 2P non-
                                                              refillable metal containers
                                                              (containing a laminate bag on
                                                              valve system) which are leak
                                                              tested by an automated in-line
                                                              pressure check in lieu of the
                                                              required hot water bath test.
SP15265........................  Cylinders--NDT/Aerosols...  Authorizes manufacture, mark, sale                1
                                                              and use of non-DOT specification
                                                              bag-on-valve spray packaging
                                                              similar to an aerosol container
                                                              without requiring the hot water
                                                              bath test conforming with all
                                                              regulations applicable to a DOT
                                                              specification 2P or 2Q, except as
                                                              specified herein, for the
                                                              transportation in commerce of
                                                              certain hazardous materials.
SP15427........................  Cylinders--NDT/Aerosols...  Authorizes manufacture, mark, sale                2
                                                              and use of non-refillable inside
                                                              containers which are leak tested
                                                              by an automated in-line pressure
                                                              check in lieu of the hot water
                                                              bath specified in the HMR.
SP15792........................  Cylinders--NDT/Aerosols...  Authorizes transportation in                      1
                                                              commerce of DOT specification 2P
                                                              non-refillable aluminum inside
                                                              containers which have been tested
                                                              by an alternative method in lieu
                                                              of the hot water bath test. In
                                                              lieu of the hot water bath, each
                                                              container will be subject to an
                                                              automated pressure test on the
                                                              line.
----------------------------------------------------------------------------------------------------------------
                                      Cargo Tanks/Rail Cars/Portable Tanks
----------------------------------------------------------------------------------------------------------------
SP12039........................  Cargo Tanks/Rail Cars/      Authorizes transportation in                      3
                                  Portable Tanks.             commerce of DOT 113C120W tank cars
                                                              containing ethylene, refrigerated
                                                              liquid, at an internal pressure of
                                                              20 psig instead of the maximum 10
                                                              psig.
SP12576........................  Cargo Tanks/Rail Cars/      Authorizes manufacture, marking,                  1
                                  Portable Tanks.             sale and use of non-DOT
                                                              specification tanks conforming
                                                              with all regulations applicable to
                                                              a DOT specification MC 331 cargo
                                                              tank, except as specified, for
                                                              transportation in commerce of
                                                              certain hazardous materials.
----------------------------------------------------------------------------------------------------------------

[[Page 3644]]

 
                                             Operational Air/Vessel
----------------------------------------------------------------------------------------------------------------
SP11150........................  Operational Air/Vessel....  Authorizes transportation in                      1
                                                              commerce of liquefied petroleum
                                                              gas in DOT specification
                                                              cylinders, secured to transport
                                                              vehicles on passenger ferry
                                                              vessels.
SP11691........................  Operational Air/Vessel....  Authorizes transportation in                     10
                                                              commerce of certain flammable and
                                                              corrosive liquids, which are the
                                                              ingredients of soft drinks
                                                              (beverages), not subject to the
                                                              segregation requirements for
                                                              vessel stowage when shipped in the
                                                              same transport unit.
SP13213........................  Operational Air/Vessel....  Authorizes stowage aboard passenger               1
                                                              ferry vessels of private motor
                                                              vehicles such as recreational
                                                              vehicles, with attached cylinders
                                                              of liquefied petroleum gas in
                                                              addition to extra containers of
                                                              gasoline (including camp stove or
                                                              lantern fuel) and portable
                                                              cylinders of liquefied petroleum
                                                              gas.
SP14458........................  Operational Air/Vessel....  Authorizes private motor vehicles                 1
                                                              such as recreational vehicles,
                                                              with attached cylinders of
                                                              liquefied petroleum gas in
                                                              addition to extra containers of
                                                              gasoline (including camp stove or
                                                              lantern fuel) and portable
                                                              cylinders of liquefied petroleum
                                                              gas to be stowed aboard passenger
                                                              ferry vessels.
----------------------------------------------------------------------------------------------------------------
                                     Operational Highway/Rail/Shipper/Other
----------------------------------------------------------------------------------------------------------------
SP7991.........................  Operational Highway/Rail/   Authorizes transportation in                     37
                                  Shipper/Other.              commerce of railroad flagging kits
                                                              of specified construction,
                                                              containing certain Class 1.4 and
                                                              4.1 materials, not subject to the
                                                              HMR.
SP8006.........................  Operational Highway/Rail/   Authorizes certain articles,                      3
                                  Shipper/Other.              explosive, n.o.s., Division 1.4S
                                                              (toy caps) to be offered for
                                                              transportation in commerce without
                                                              labels.
SP9610.........................  Operational Highway/Rail/   Authorizes transportation in                     11
                                  Shipper/Other.              commerce of certain empty
                                                              packagings containing residues of
                                                              Class 1 smokeless powders without
                                                              complete shipping papers and
                                                              placarding.
SP9874.........................  Operational Highway/Rail/   Authorizes use of video cameras and               1
                                  Shipper/Other.              monitors or instrumentation and
                                                              signaling systems such as sensors,
                                                              alarms, and electronic
                                                              surveillance equipment, to observe
                                                              the loading and/or unloading
                                                              operations of hazardous materials
                                                              from production control centers in
                                                              lieu of personnel remaining within
                                                              25 feet of the cargo tanks.
SP10597........................  Operational Highway/Rail/   Authorizes manufacture, marking and               1
                                  Shipper/Other.              sale of temperature controlled
                                                              equipment for use in motor
                                                              vehicles engaged in transportation
                                                              in commerce of Class 3 liquids or
                                                              Division 2.1 gases.
SP10705........................  Operational Highway/Rail/   Authorizes transportation in                      2
                                  Shipper/Other.              commerce of packages containing
                                                              acrolein, stabilized, Division
                                                              6.1, to be exempted from the
                                                              segregation requirements, when
                                                              shipped by highway.
SP10803........................  Operational Highway/Rail/   Authorizes manufacture, marking,                  1
                                  Shipper/Other.              sale and use of temperature
                                                              controlled equipment for use in
                                                              motor vehicles engaged in
                                                              transportation of Class 3 and
                                                              Class 2.1 materials.
SP10882........................  Operational Highway/Rail/   Authorizes manufacture, marking,                  1
                                  Shipper/Other.              sale and use of temperature
                                                              controlled equipment for use in
                                                              motor vehicles engaged in
                                                              transportation of Class 3 and
                                                              Class 2.1 materials.
SP11043........................  Operational Highway/Rail/   Authorizes transportation in                     79
                                  Shipper/Other.              commerce of Division 2.3 materials
                                                              on the same transport vehicle with
                                                              materials classed as Division 2.1,
                                                              Class 3, Class 4, Class 5, and
                                                              Class 8.
SP11055........................  Operational Highway/Rail/   Authorizes transportation in                      8
                                  Shipper/Other.              commerce of certain hazardous
                                                              materials that meet the criteria
                                                              for Division 6.1, PG I, Hazard
                                                              Zone A in combination packages and
                                                              provides relief from the
                                                              segregation requirements.
SP11078........................  Operational Highway/Rail/   Authorizes transportation in                      2
                                  Shipper/Other.              commerce of certain nickel-cadmium
                                                              batteries each containing no more
                                                              than 10 ml of liquid potassium
                                                              hydroxide, a Class 8 material, as
                                                              not subject to the HMR.
SP11151........................  Operational Highway/Rail/   Authorizes transportation in                      1
                                  Shipper/Other.              commerce of combination packages
                                                              containing hazardous wastes that
                                                              are poisonous by inhalation,
                                                              Division 6.1, PG I, Hazard Zone A,
                                                              in the same transport vehicle with
                                                              packages containing hazardous
                                                              materials assigned to Class 3,
                                                              Class 8 or Divisions 4.1, 4.2,
                                                              4.3, 5.1, 5.2.
SP11197........................  Operational Highway/Rail/   Authorizes transportation in                      3
                                  Shipper/Other.              commerce by private carrier of
                                                              restricted quantities of hazardous
                                                              materials that are authorized for
                                                              exception in column 8A of the HMT,
                                                              excluding Class 1, Class 7 and
                                                              Divisions 6.1 and 6.2.
SP11202........................  Operational Highway/Rail/   Authorizes transportation in                      1
                                  Shipper/Other.              commerce of certain hazardous
                                                              materials across a public road,
                                                              from one part of a plant to
                                                              another, as essentially not
                                                              subject to parts 172 and 173.
SP11356........................  Operational Highway/Rail/   Authorizes reassignment of certain                3
                                  Shipper/Other.              high viscosity flammable liquids
                                                              from Packing Group II to III for
                                                              packagings with a capacity greater
                                                              than 30L.
SP11373........................  Operational Highway/Rail/   Authorizes transportation in                     29
                                  Shipper/Other.              commerce of Division 4.2 (self-
                                                              heating) materials in Packing
                                                              Group II or III on the same
                                                              transport vehicle with Class 8
                                                              liquids when the materials are
                                                              appropriately separated.

[[Page 3645]]

 
SP11458........................  Operational Highway/Rail/   Authorizes transportation in                     16
                                  Shipper/Other.              commerce of display packs of
                                                              consumer commodity packages or
                                                              limited quantities packages that
                                                              exceed the 30 kg gross weight
                                                              limit.
SP11470........................  Operational Highway/Rail/   Authorizes transportation in                     34
                                  Shipper/Other.              commerce of shrink wrapped pallets
                                                              containing boxes of waste ORM-D
                                                              materials with the word ``WASTE''
                                                              marked on the outside of the
                                                              pallet instead of on each
                                                              individual box.
SP11666........................  Operational Highway/Rail/   Authorizes transportation in                     13
                                  Shipper/Other.              commerce of green graphite
                                                              products on open flat-bed truck
                                                              trailers, rail flat cars,
                                                              intermodal freight containers, and
                                                              when unitized by banding to wooden
                                                              runners or pallets.
SP11811........................  Operational Highway/Rail/   Authorizes transportation in                      4
                                  Shipper/Other.              commerce of various household
                                                              wastes without having the quantity
                                                              and unit measurement shown on the
                                                              shipping paper during local pick-
                                                              up operations.
SP11984........................  Operational Highway/Rail/   Authorizes transportation in                     17
                                  Shipper/Other.              commerce of certain unapproved
                                                              chemical oxygen generators with
                                                              only one positive means of
                                                              preventing unintentional actuation
                                                              of the generator and without the
                                                              required approval number marked on
                                                              the outside of the package.
SP12002........................  Operational Highway/Rail/   Authorizes unloading of tank cars                 1
                                  Shipper/Other.              containing Class 3 materials
                                                              utilizing an alternate procedure
                                                              to remove frozen liquid from
                                                              bottom outlet valves.
SP13190........................  Operational Highway/Rail/   Authorizes use of video cameras and               1
                                  Shipper/Other.              monitors to observe the loading
                                                              operations of anhydrous ammonia
                                                              from a remote control station in
                                                              place of personnel remaining
                                                              within 7.62 meters (25 feet) of
                                                              cargo tank motor vehicles.
SP13199........................  Operational Highway/Rail/   Authorizes transportation in                      1
                                  Shipper/Other.              commerce of reconditioned
                                                              (``used'') refrigeration units
                                                              under the provisions of Sec.
                                                              173.306(e).
SP13343........................  Operational Highway/Rail/   Authorizes transportation in                      1
                                  Shipper/Other.              commerce of certain wetted
                                                              Division 1.1D explosive substances
                                                              in heated cargo vehicles when they
                                                              would likely freeze during
                                                              transport.
SP13424........................  Operational Highway/Rail/   Authorizes use of video cameras and               2
                                  Shipper/Other.              monitors to observe the loading
                                                              and unloading operations of
                                                              various hazardous materials from a
                                                              remote control station in place of
                                                              personnel remaining within 7.62
                                                              meters (25 feet) of cargo tank
                                                              motor vehicles.
SP13484........................  Operational Highway/Rail/   Authorizes DOT specification MC                   2
                                  Shipper/Other.              330, MC 331 and MC 338 cargo tank
                                                              motor vehicles to be loaded with
                                                              certain Division 2.2 liquefied
                                                              gases using specially designed
                                                              hoses in lieu of full time
                                                              attendance by a qualified person
                                                              during loading operations.
SP13959........................  Operational Highway/Rail/   Authorizes use of a video camera                  1
                                  Shipper/Other.              and monitor to observe the loading
                                                              incidental to movement or
                                                              unloading incidental to movement
                                                              of anhydrous ammonia from a remote
                                                              control room in place of personnel
                                                              remaining within 25 feet of the
                                                              cargo tank motor vehicle.
SP14141........................  Operational Highway/Rail/   Authorizes use of video cameras and               1
                                  Shipper/Other.              monitors to observe the loading
                                                              incidental to movement or
                                                              unloading incidental to movement
                                                              of certain Class 3, 8, and 9
                                                              materials in place of personnel
                                                              remaining within 25 feet of a
                                                              cargo tank motor vehicle.
SP14150........................  Operational Highway/Rail/   Authorizes use of video cameras and               1
                                  Shipper/Other.              monitors to observe the loading
                                                              and unloading operations of
                                                              certain Class 3 and Class 8
                                                              hazardous materials from a remote
                                                              control station in place of
                                                              personnel remaining within 7.62
                                                              meters (25 feet) of cargo tank
                                                              motor vehicles.
SP14335........................  Operational Highway/Rail/   Authorizes transportation in                      3
                                  Shipper/Other.              commerce of Division 2.3 Zone A
                                                              materials on the same motor
                                                              vehicle with DOT specification
                                                              packagings containing the residues
                                                              of Divisions 2.1, 2.3, 4.3, 5.1,
                                                              and Classes 3 and 8 materials.
SP14447........................  Operational Highway/Rail/   Authorizes DOT specification cargo                1
                                  Shipper/Other.              tank motor vehicles containing
                                                              certain Division 2.2; 5.1; and
                                                              6.1; Class 3 and 8 hazardous
                                                              materials to be loaded/unloaded
                                                              using specially designed hoses in
                                                              lieu of being attended by a
                                                              qualified person during loading
                                                              and unloading operations.
SP14525........................  Operational Highway/Rail/   Authorizes transportation in                      2
                                  Shipper/Other.              commerce of certain used
                                                              diatomaceus earth filter material
                                                              not subject to the HMR, except for
                                                              shipping papers and certain
                                                              marking requirements.
SP14618........................  Operational Highway/Rail/   Authorizes manufacture, marking,                  1
                                  Shipper/Other.              sale, and use of temperature
                                                              controlled equipment for use in
                                                              motor vehicles engaged in the
                                                              transportation in commerce of
                                                              Class 3 liquids or Division 2.1
                                                              gases.
SP14680........................  Operational Highway/Rail/   Authorizes use of video cameras and               2
                                  Shipper/Other.              monitors to observe the loading
                                                              incidental to movement or
                                                              unloading incidental to movement
                                                              of spent sulfuric acid in place of
                                                              personnel remaining within 25 feet
                                                              of a cargo tank motor vehicle.
SP14726........................  Operational Highway/Rail/   Authorizes manufacture, marking,                  1
                                  Shipper/Other.              sale, and use of temperature
                                                              controlled equipment for use in
                                                              motor vehicle transportation of
                                                              Class 3 and Division 2.1 materials.

[[Page 3646]]

 
SP14822........................  Operational Highway/Rail/   Authorizes use of video cameras and               1
                                  Shipper/Other.              monitors or instrumentation and
                                                              signaling systems such as sensors,
                                                              alarms, and electronic
                                                              surveillance equipment, to observe
                                                              the loading and unloading
                                                              operations of hazardous materials
                                                              from production control centers in
                                                              lieu of personnel remaining within
                                                              25 feet of the cargo tanks.
SP14827........................  Operational Highway/Rail/   Authorizes use of video cameras and               1
                                  Shipper/Other.              monitors to observe the loading
                                                              incidental to movement or
                                                              unloading incidental to movement
                                                              of certain corrosive materials in
                                                              place of personnel remaining
                                                              within 25 feet of a cargo tank
                                                              motor vehicle.
SP14840........................  Operational Highway/Rail/   Authorizes use of video cameras and               1
                                  Shipper/Other.              monitors to observe the loading
                                                              incidental to movement or
                                                              unloading incidental to movement
                                                              of certain Class 8 materials in
                                                              place of personnel remaining
                                                              within 25 feet of a cargo tank
                                                              motor vehicle.
----------------------------------------------------------------------------------------------------------------
                                     Non-Bulk Packaging Specifications/IBCs
----------------------------------------------------------------------------------------------------------------
SP6614.........................  Non-Bulk Packaging          Authorizes use of polyethylene                   11
                                  Specifications/IBCs.        bottles placed in a polyethylene
                                                              crate for transportation in
                                                              commerce of certain Class 8
                                                              corrosive materials (NA1760,
                                                              UN3266, UN3264, UN3265, UN1791,
                                                              UN1789, and UN2796).
SP8230.........................  Non-Bulk Packaging          Authorizes transportation in                      4
                                  Specifications/IBCs.        commerce of Packing Group I and II
                                                              nitric acids in certain
                                                              combination packagings.
SP9722.........................  Non-Bulk Packaging          Authorizes manufacture, marking,                  2
                                  Specifications/IBCs.        sale and use of UN1H1 plastic
                                                              drums to be used for
                                                              transportation in commerce of
                                                              nitric acid with not more than 40%
                                                              nitric acid.
SP11602........................  Non-Bulk Packaging          Authorizes transportation in                     11
                                  Specifications/IBCs.        commerce of certain Division 4.3
                                                              materials contained in sift-proof
                                                              closed bulk packagings. Water
                                                              reactive solid, n.o.s. (contains
                                                              magnesium, magnesium nitrides)
                                                              4.3, UN2813, PG II or III.
SP11624........................  Non-Bulk Packaging          Authorizes transportation in                    114
                                  Specifications/IBCs.        commerce by motor vehicle, rail
                                                              freight and cargo vessel of
                                                              certain waste paints and paint
                                                              related materials, Class 3, in
                                                              metal or plastic pails, packed in
                                                              cubic yard boxes, dump trailers,
                                                              and roll-off containers.
SP12030........................  Non-Bulk Packaging          Authorizes transportation in                      1
                                  Specifications/IBCs.        commerce of battery fluid, acid,
                                                              packaged with a dry storage
                                                              battery in a UN4G fiberboard box
                                                              with a maximum gross weight not
                                                              over 37.0 kg which exceeds the
                                                              weight limitation.
SP12335........................  Non-Bulk Packaging          Authorizes transportation in                      8
                                  Specifications/IBCs.        commerce of certain Division 1.1D
                                                              and 1.4D detonating cords without
                                                              the ends being sealed in
                                                              alternative packaging.
SP12920........................  Non-Bulk Packaging          Authorizes transportation in                     19
                                  Specifications/IBCs.        commerce of certain pyrophoric
                                                              materials in a combination package
                                                              consisting of UN1A2 outer package
                                                              and a UN1A1 inner package.
SP13052........................  Non-Bulk Packaging          Authorizes manufacture, mark, sale                1
                                  Specifications/IBCs.        and use of UN11G intermediate bulk
                                                              containers (IBCs) for
                                                              transportation in commerce of
                                                              waste paint and related materials.
SP13217........................  Non-Bulk Packaging          Authorizes transportation in                      1
                                  Specifications/IBCs.        commerce of gasoline in non-DOT
                                                              specification packages known as
                                                              gasoline dispensers.
SP13548........................  Non-Bulk Packaging          Authorizes transportation in                    125
                                  Specifications/IBCs.        commerce of lead acid batteries
                                                              and packages of battery acid (with
                                                              two different UN numbers) on the
                                                              same vehicle.
SP13796........................  Non-Bulk Packaging          Authorizes transportation in                      1
                                  Specifications/IBCs.        commerce of phosphorus, yellow,
                                                              under water in alternate packaging.
SP14137........................  Non-Bulk Packaging          Authorizes transportation in                      1
                                  Specifications/IBCs.        commerce of certain hydrochloric
                                                              acid solutions in UN31H1 or
                                                              UN31HH1 intermediate bulk
                                                              containers (IBCs).
SP14213........................  Non-Bulk Packaging          Authorizes manufacture, marking,                  1
                                  Specifications/IBCs.        sale and use of UN1H1 plastic
                                                              drums to be used for
                                                              transportation in commerce of
                                                              nitric acid with not more than 40%
                                                              nitric acid.
SP14712........................  Non-Bulk Packaging          Authorizes manufacture, marking,                  1
                                  Specifications/IBCs.        sale, and use UN11G fiberboard and
                                                              UN13H4 woven plastic, coated and
                                                              with liner flexible intermediate
                                                              bulk containers (IBCs) for use as
                                                              the outer packaging for certain
                                                              Class 3 waste paints.
SP15235........................  Non-Bulk Packaging          Authorizes manufacture, mark, sale                1
                                  Specifications/IBCs.        and use of UN 11G fiberboard
                                                              intermediate bulk containers
                                                              (IBCs) for use as the outer
                                                              packaging for certain Class 3
                                                              waste paints and waste paint
                                                              related material.
SP15373........................  Non-Bulk Packaging          Authorizes manufacture, mark, sale                1
                                  Specifications/IBCs.        and use of the specially designed
                                                              combination packagings for
                                                              transportation in commerce of
                                                              certain Class 4.3 materials
                                                              without hazard labels or placards,
                                                              with quantity limits not exceeding
                                                              25 grams.
----------------------------------------------------------------------------------------------------------------

IV. Public Comments

    In the NPRM, PHMSA welcomed comments concerning its proposed 
amendments. Specifically, PHMSA was interested in comments from SP 
holders (both those deemed suitable and those deemed not suitable for 
adoption) that are reviewed for this rulemaking.

[[Page 3647]]

    For holders of SPs deemed suitable for adoption, PHMSA requested 
comment on our determination. We stated that we were particularly 
interested in comments that confirm or refute the suitability, safety, 
and general applicability of the SPs. PHMSA also solicited comments on 
the regulatory text proposed in this proceeding. Specifically, PHMSA 
was interested in comments that address whether the proposed regulatory 
text accurately encompasses the requirements of the SP.
    For holders of SPs deemed not suitable for adoption, PHMSA also 
requested comment on our determination. We stated that we were 
particularly interested in comments that confirm or refute the 
suitability, safety, and general applicability of the SPs. We asked 
that if you are a holder of a SP that was not proposed to be adopted 
but believe it should be, you should submit material to support such an 
argument. Specifically, PHMSA requested:
     Information and arguments that support the proposed 
adoption including technical and scientific data;
     The impact of the proposed adoption including cost and 
benefits;
     The frequency of shipments made under the SP;
     The frequency of hazardous materials incidents (such as 
those described in
    Sec. Sec.  171.15 and 171.16) occurring during shipments made under 
the SP; and
     Proposed regulatory text.
    Lastly, PHMSA requested comment as it considers a future proposed 
requirement for a SP applicant to provide potential regulatory text as 
part of each SP application.
    In response to the January 30, 2015 NPRM, PHMSA received 22 sets of 
public comments. All were supportive of PHMSA's actions to reduce the 
number of active SPs. Specifically, commenters to the NPRM were as 
follows in Table 9:

                        Table 9--NPRM Commenters
------------------------------------------------------------------------
                                             Docket reference (http://
                Commenter                       www.regulations.gov)
------------------------------------------------------------------------
PCTI Puerto Rico Inc. (PCTI).............            PHMSA-2013-0042-003
Pepsi Cola Sales and Distribution, Inc.              PHMSA-2013-0042-004
 (PCSD)..................................
United Parcel Service (UPS)..............            PHMSA-2013-0042-006
DS Container (DSC).......................            PHMSA-2013-0042-007
Mauser USA (Mauser)......................            PHMSA-2013-0042-009
Gulf Coast Chemical LLC (Gulf Coast).....            PHMSA-2013-0042-010
Estes-Cox Corporation (Estes-Cox)........            PHMSA-2013-0042-011
Arkema Inc. (Arkema).....................            PHMSA-2013-0042-013
Veolia ES Technical Solutions, LLC                   PHMSA-2013-0042-015
 (Veolia)................................
Council on Safe Transportation of                    PHMSA-2013-0042-016
 Hazardous Articles (COSTHA).............
Rigid Intermediate Bulk Container                    PHMSA-2013-0042-017
 Association of North America (RIBCA-NA).
Air Products and Chemicals, Inc. (Air                PHMSA-2013-0042-018
 Products)...............................
Battery Council International (BCI)......            PHMSA-2013-0042-019
Institute of Makers of Explosives (IME)..            PHMSA-2013-0042-020
The Chlorine Institute (CI)..............            PHMSA-2013-0042-021
Dangerous Goods Advisory Council (DGAC)..            PHMSA-2013-0042-022
Eli Lilly and Company (Eli)..............            PHMSA-2013-0042-023
Consumer Specialty Products Association              PHMSA-2013-0042-024
 (CSPA)..................................
Council on Safe Transportation of                    PHMSA-2013-0042-025
 Hazardous Articles (COSTHA).............
Dow Chemical Company (Dow)...............            PHMSA-2013-0042-026
American Coatings Association (ACA)......            PHMSA-2013-0042-027
Barlen and Associates, Inc. (Barlen).....            PHMSA-2013-0042-028
------------------------------------------------------------------------

A. General/Administrative

    DSC expresses its concern about the disposition of SPs adopted into 
the HMR. It asks what happens to SPs once they are adopted into the 
HMR, and if there will be a phase-in period. DSC also asks, if the 
adoption of a SP is unacceptable to a grantee or grantees, will the SP 
still be an available option? It also asks will this rulemaking affect 
the application of future SPs.
    PHMSA notes that as the intention of this rulemaking is to adopt 
the provisions of certain SPs into the HMR, those affected SPs will be 
allowed to expire. However, PHMSA is providing a one-year effective 
date to allow current grantees sufficient time to transition from the 
provisions of their SPs to the new requirements being adopted into the 
HMR. In addition, if the adoption of a SP proves to be unacceptable to 
a grantee, a renewal or modification in accordance with 49 CFR 107.121 
will still be allowed. This rulemaking will not affect the application 
for future SPs as the requirements to apply for a SP are not being 
revised, and the SP program will continue as permitted by law. Air 
Products asks if PHMSA will provide a timeline/updates for ``other'' 
rulemaking proceedings that may have SPs under consideration for 
adoption in the HMR. PHMSA will continue to provide updates pertaining 
to other rulemaking proceedings that may have SPs under consideration 
for adoption into the HMR through its existing channels which include 
the semi-annual agenda, rulemaking activities, and Federal Register 
notices.
    In the NPRM, PHMSA solicited input regarding applicants being 
required to submit proposed regulatory text with SP applications. PHMSA 
acknowledges mixed support from affected entities on this issue. For 
example, Veolia and Dow support adoption of such policy while COSTHA 
and ACA do not. IME supports such policy as an option for an applicant.
    IME is concerned that PHMSA will conduct SP reviews for potential 
adoption on a biennial basis rather than an annual basis as implied 
through MAP-21 legislation. As noted elsewhere in this preamble, PHMSA 
intends to perform SP evaluations on an annual basis; however, 
rulemaking actions as a result may take more time as necessary.
    Lastly, PHMSA's final regulations issued in its final rule entitled 
``Hazardous Materials: Special Permit and Approvals Standard Operating 
Procedures and Evaluation Process,'' under Docket No. PHMSA-2012-0260 
(HM-233E; 9/10/15, 80 FR 54418, FR Doc. 2015-22617), contain minor

[[Page 3648]]

editorial errors in two definitions in adopted in Sec.  107.1 
concerning special permits and approvals. PHMSA is correcting those 
definitions in this final rule.

B. Cylinders--General

    No comments were received regarding the SPs proposed for adoption 
under this category. PHMSA did, however, receive comments requesting 
reconsideration of certain SPs not proposed for adoption.
Comments Requesting Reconsideration
    COSTHA requests that reconsideration be given to adopt portions of 
SPs 12726 and 15277 (aircraft fire extinguishers) to allow them to be 
described in transportation as UN1044, Fire extinguishers. PHMSA notes 
this issue is under consideration in another rulemaking action under 
docket PHMSA-2011-0140 (RIN 2137-AE80 (HM-234)). COSTHA also requests 
that reconsideration be given to adopt SP 10898 in Sec.  173.306(f) 
related to accumulators. Because neither SP was proposed for adoption 
in the NPRM, neither SP is being adopted in this final rule.

C. Cylinders--NDT/Aerosols

    CSPA is supportive of the adoption of SP 11296 and its expansion 
beyond flammable aerosols only (as proposed in the NPRM).
    CSPA and DSC generally support adoption of SP 12573 (and the 
consolidation with SP 13581) as proposed. They are, however, concerned 
with the supposed arbitrary increase in reference temperature and 
pressure with the new DOT 2Q1 standard currently authorized for 
refrigerant gases in Sec.  173.304. DSC suggests a single requirement 
of 210 psig at 55 [deg]C (131 [deg]F). It also suggests that such 
arbitrary actions if adopted could increase the number of SP 
applications submitted as a result. PHMSA recognizes the commenters' 
concerns; however, changing the reference temperature for the 
refrigerant gases to 54.4 [deg]C (130 [deg]F) would make section 
173.304(d) inconsistent with the other sections for the filling of 
gases. As noted in the NPRM, PHMSA sought to have consistency where 
some sections referred to 54.4 [deg]C (130 [deg]F) and some to 55 
[deg]C (131 [deg]F). PHMSA is therefore keeping the reference 
temperature used for maximum pressure in a container at 55 [deg]C (131 
[deg]F) as proposed in the NPRM. In order to address the commenters' 
concerns, PHMSA is raising the proposed maximum pressure authorized in 
the new DOT 2Q1 container to 210 psig at 55 [deg]C (131 [deg]F) as 
authorized in Sec. Sec.  173.304 and 173.306. The burst pressure of the 
DOT 2Q1 will have to be raised slightly accordingly to provide for the 
same safety factor. This will be discussed in a later section.
    CSPA and DSC generally support adoption of the consolidated SPs 
7951, 13601, and 14503 as proposed. They are again, however, concerned 
with the increase in reference temperature and pressure. CSPA is also 
concerned that the new relationship proposed between a pressure relief 
device (PRD) and an end expansion device, and the arbitrary upper 
boundaries adopted should instead be simply required to operate prior 
to burst. CSPA and DSC suggest as an alternative that ``the requirement 
could be defined differently for an end expansion device specifically 
versus the PRD using the language in SP 13601 that requires that the 
end buckle before burst and that the container not burst below 270 
psig.''
    CSPA and DSC correctly point out that the methodology used in the 
``if/then'' table for the use of a DOT 2P or DOT 2Q aerosol on page 
5439 [of the NPRM] is actually reversed and would lead to not allowing 
(by choice) a higher integrity container as a result. PHMSA agrees with 
the commenters and is revising the tables in Sec.  173.306 accordingly.
    CSPA generally supports adoption of the new DOT 2Q1 container as 
proposed.
    DSC suggests that the new DOT 2P1 specification should be limited 
to refrigerated foodstuffs only as prescribed in SPs 13601, 14503, and 
7951. Further, DSC recommends that the new DOT 2P1 specification not be 
expanded to authorize Division 2.1 flammable gases. However, in its 
comments, DSC does not provide support as to why the new DOT 2P1 
specification should be limited to refrigerated foodstuffs and Division 
2.2 (nonflammable) gases only.
    DSC recommends that foodstuffs in refrigerated DOT 2P1 cans be 
excepted, as they currently are under the SPs, from the hot water bath 
test. PHMSA notes that refrigerated foodstuffs in aerosol cans under 
Sec.  173.306(b) will continue to be excepted from hot water bath 
testing when the three SPs are adopted in the HMR.
    CSPA supports consolidation of SPs 14429, 14623, 14625, 14627, 
14723, 14724, 14786, 14842, 14887, 14953, 15135, 15265, 15427, and 
15972 (hot water bath test alternative), SP 14440 (weight test), and SP 
14544 (weight and leakage test) as proposed.
    DSC is concerned as to what will happen to SPs once adopted into 
the HMR and whether there will be a phase-in period. It asks because of 
substantial costs and other impacts due to relabeling of product, etc. 
Dow and CSPA support adoption of SP 12995, with Dow asking that 
sufficient time be allotted to deplete existing inventory.
    In response, PHMSA notes there is a one-year transition period 
provided to affected entities in this final rule. Further, as 
prescribed in Sec.  173.23(h), a packaging that is permanently marked 
with a SP number, ``DOT-SP'' or ``DOT-E,'' for which the provisions of 
the SP have been incorporated into the HMR may continue to be used for 
the life of the packaging without obliterating or otherwise removing 
the SP number.
Comments Requesting Reconsideration
    CSPA strongly asserts that reconsideration should be given to 
adopting SP 11516, which authorizes transportation in commerce of 
aerosols that do not meet the HMR definition of an aerosol (e.g., 
expels propellant only). CSPA suggests that PHMSA should adopt the 
international United Nations (UN) and the Globally Harmonized System 
(GHS) definition of an aerosol. In its comments, CSPA claims that DOT 
committed to adopting the international aerosol definition while it was 
involved with developing the GHS flammability standard. CSPA also 
states ``it is vitally important that DOT maintain 11516 (and other 
related SPs) as is.''
    Although PHMSA appreciates the comments pertaining to SP 11516, 
until such a time that PHMSA participates in an open and transparent 
debate on this issue (redefining the term ``aerosol''), SPs such as SP 
11516 and the like will remain valid under current policy and 
definitions.

D. Cargo Tanks/Rail Cars/Portable Tanks

    No comments were received regarding the SPs proposed for adoption 
under this category. PHMSA did, however, receive comments requesting 
reconsideration of certain SPs not proposed for adoption.
Comments Requesting Reconsideration
    In its comments, The Chlorine Institute (CI) recommends that 
reconsideration be given to adopt SP 9694 and 10457. These SPs 
authorize the transportation in commerce of chlorine contained in MC 
331 cargo tanks equipped with angle valves, excess flow valves and 
pressure relief valves not presently authorized in the HMR. Because 
neither SP was proposed for adoption in the NPRM, neither SP is being 
adopted in this final rule.
    In its comments, The CI recommends that reconsideration should be 
given to

[[Page 3649]]

adopt SP 15647. This SP authorizes the retesting of certain DOT 
specification and non-DOT specification multi-unit tank car tanks 
without approval from the Association of American Railroads (AAR). 
PHMSA notes that SP 15647 is under consideration for adoption into the 
HMR in a separate advance notice of proposed rulemaking (ANPRM) under 
docket PHMSA-2012-0082 (HM-251).
    Lastly, the CI recommends that reconsideration should be given to 
adopt SP 9166 and SP 11903 under Petition for Rulemaking (P-1608) and 
related SPs 10878, 12516, 14275, 14277, 14779, and 15552. These SPs 
authorize the manufacture, marking, sale, and use of a non-DOT 
specification glass fiber reinforced plastic (GFRP) cargo tank 
conforming with all regulations applicable to a DOT specification 407/
412 for transportation in commerce of certain hazardous materials. 
PHMSA notes it is working to develop a uniform standard for FRP cargo 
tanks and will address this issue in a future rulemaking.

E. Operational Air/Vessel

    COSTHA supports future consideration of SP 11110 under Petition for 
Rulemaking P-1610. As previously noted, COSTHA submitted a petition for 
rulemaking under P-1610 to adopt the provisions of SP 11110 into the 
HMR. This SP authorizes cargo aircraft operators to stow Division 1.4S 
and Class 8, PG III materials in inaccessible cargo locations in excess 
of the limitations specified in Sec.  175.75(c). This petition has been 
accepted by PHMSA for consideration in a future rulemaking; however, 
more time is needed to research the potential impact of changes to 
Sec.  175.75 and to coordinate this review with the appropriate 
parties, including our modal partners.
    Based on comments from PCSD, proposed Special provision ``W11'' in 
Sec.  172.102 is being replaced by revising Sec.  176.800(a) to allow 
Class 8 (corrosive) materials that are also foodstuffs or foodstuff 
ingredients intended for human consumption to not be considered 
incompatible for segregation purposes in conformance with SP 11691.
Comments Requesting Reconsideration
    Some commenters recommended that reconsideration be given to adopt 
SP 11502 (use of International Civil Aviation Organization Technical 
Instructions (ICAO TI) for highway shipments). In their comments, 
COSTHA and UPS firmly support adoption and provide justification as to 
why the SP should be adopted. However, PHMSA notes SP 11502 is under 
consideration for adoption into the HMR in a separate, broader, and yet 
unassigned air-specific rulemaking action.
    Arkema recommends that reconsideration should be given to adopt SP 
12879 into the HMR. This SP authorizes the transport of IBCs containing 
combustible liquids without placards or identification numbers in 
sealed freight containers consigned for export. Because SP 12879 was 
not proposed for adoption in the NPRM, the SP is not being adopted in 
this final rule; however, we may reconsider its codification in a 
future proceeding as appropriate.

F. Operational Highway/Rail/Shipper/Other

    PHMSA acknowledges COSTHA's support for the adoption of petitions 
for rulemaking P-1607 (SP 11458) and P-1611 (SP 11470) into the HMR in 
this proceeding.
    IME supports the adoption of SP 4850 as proposed. This SP 
authorizes the transportation in commerce by motor vehicle, rail 
freight, cargo vessel, and cargo aircraft of limited quantities of 
certain approved explosive articles (UN0237, charges, shaped, flexible, 
linear; and UN0104, cord, detonating, mild effect or fuse, detonating, 
mild effect metal clad) re-classed as Division 1.4D in prescribed 
packagings, subject to certain special provisions.
    Veolia supports the adoption of SP 11055. Further, Veolia supports 
adoption of SP 11470 with one major modification--the HMR should not be 
limited to ``expired'' products but rather should include all consumer 
commodities shipped for disposal/recycling under manufacturer recalls, 
off-spec/unwanted/unneeded product, etc. PHMSA agrees with Veolia and 
is revising Sec.  173.306(k) accordingly.
    COSTHA and DGAC support the adoption of SPs 11352, 12207, 12306, 
13165, and 14945. However, according to COSTHA, the proposed regulatory 
text in Sec.  177.820 appears to be more restrictive than the 
exceptions currently in Sec.  171.1(d)(4). After further consideration, 
we agree with COSTHA and are not adopting the five SPs in this final 
rule as proposed in the NPRM.
    Dow supports the adoption of SP 9874, SP 14822, and the eight 
related SPs. In its comments, Dow supports codification of the SPs but 
has specific concerns: (1) SP 9874 and 14822 authorize instrumentation 
and signaling systems such as sensors, alarms, and electronic 
surveillance equipment in addition to video monitoring; (2) SP 9874 and 
14822 do not require a video camera with a ``motorized zoom lens 
capable of panning and zooming from the remote control station''; (3) 
SP 9874 and 14822 do not require that the view capability must include 
the entire containment area; and (4) Dow wants assurance that the 
attendance requirements in Sec.  177.834 (i) apply to motor carriers 
only. We agree that Dow's comments have merit and, in this final rule, 
except for number (4), the regulatory text in Sec.  177.834(i) is 
revised accordingly. Regarding issue number (4), long-standing 
interpretations preclude the need to revise the attendance 
applicability provisions of the HMR. As a result of Dow's concerns, 
Sec.  177.834 (i) is revised accordingly in this final rule.
    In its comments, Eli expresses it support for the adoption of SP 
14150 in Sec.  177.834(i)(3)(ii) as proposed. SP 14150 authorizes use 
of video cameras and monitors to observe the loading and unloading 
operations of certain Class 3 and Class 8 hazardous materials from a 
remote control station in place of personnel remaining within 7.62 
meters (25 feet) of cargo tank motor vehicles. Lastly, PCTI supports 
adoption of SP 11352 as proposed in Sec.  177.820.
    Veolia supports the adoption of SP 11043. However, it notes that 
the regulatory text proposed in Sec.  177.840(a)(3)(i) should be 
revised to require a 4-foot separation rather than a 5-foot separation 
for consistency with the segregation spacing requirements found in 
Sec.  173.12(e). We agree with Veolia's comment and are revising Sec.  
177.840(a)(3)(i)(C) accordingly.
    Veolia supports adoption of SP 11984 with one major modification--
the HMR should require flame-proof outer packaging for chemical oxygen 
generators shipped with only one positive means of preventing 
unintentional activation as expressed in concern for equivalent level 
of safety in proposed SP modification in August 2011. After additional 
review, in this final rule, we are adopting the provisions of SP 11984 
as proposed into Sec.  173.168.
    In the NPRM, PHMSA proposed to add Special Provision 383 to adopt 
SP 11356. This SP authorizes certain materials meeting the conditions 
for high viscosity flammable liquids specified in Sec.  
173.121(b)(1)(i), (b)(1)(ii), and (b)(1)(iv), to be reassigned to 
Packing Group (PG) III for transportation by motor vehicle. The SP 
prescribes packaging, capacity limitations, and load securement 
requirements. We proposed to adopt the provisions of the SP in its 
entirety in this new special provision for the following entries: 
Coating solution (UN1139, PG II) and paint (UN1263, PG II). In its 
comments,

[[Page 3650]]

ACA requests that PHMSA expand the materials authorized for 
reclassification to include: (1) UN1866, Resin solution, PG II; (2) 
UN1210, Printing ink, PG II; and (3) UN1133, Adhesives, PG II. We agree 
with ACA and are revising the HMT for the requested entries 
accordingly.
    In the NPRM, we proposed to add a new paragraph (h) to Sec.  173.12 
to adopt the provisions of SP 11470 in its entirety. In its comments, 
ACA is concerned that ``stretch-wrapped'' pallets would not be able to 
take advantage of the exceptions provided for ``shrink-wrapped'' 
pallets. Further, ACA suggests that the proposed regulatory text limits 
the type of packages to ``boxes.'' We agree and are revising Sec.  
173.12(h) to explicitly allow ``stretch-wrapped'' pallets and any 
authorized type of packaging.
    Section 174.67 establishes specific operational requirements for 
railroad tank car unloading. For combustible liquids or Class 3 liquid 
petroleum distillate fuels, SP 12002 authorizes clearing frozen liquid 
blockages from the outlet by attaching a fitting to the outlet line and 
applying nitrogen at a pressure of 50 to 100 psi. In the NPRM, we 
proposed to revise paragraph (g) to Sec.  174.67 to adopt the 
provisions of SP 12002 in its entirety. In its comments, ACA recommends 
that the use of nitrogen should be permitted ``at a pressure of up to 
100 psi'' for clarity. We agree with ACA and are revising Sec.  
174.67(g) accordingly.
    In its comments, DGAC supports adoption of SP 11666 as Sec.  
172.102(c)(1), Special Provision 384. It does, however, comment on the 
use of the word ``sifting'' which should actually be ``shifting'' and, 
further, the SP permits stacking two or more levels high to achieve 
maximum allowable utilization of the designated vehicle, rail car 
weight, or intermodal freight container weight or vessel hold volume. 
We agree with DGAC's comments and the special provision is revised 
accordingly.
    DGAC supports the adoption of SP 14525 and correctly points-out 
some discrepancies in preamble discussion of its adoption in new Sec.  
172.102(c)(3), Special Provision B130. We agree with DGAC's comments 
and revise the preamble discussion and regulatory text accordingly.
Comments Requesting Reconsideration
    IME and COSTHA firmly support that reconsideration should be given 
to adopt SP 14282. This SP authorizes transportation in commerce of 
certain detonators, detonator assemblies, detonators for ammunition, 
detonating fuses and igniting fuses on the same motor vehicle with any 
other Class 1 explosives. Because SP 14282 was not proposed for 
adoption in the NPRM, the SP is not being adopted in this final rule.
    Veolia comments that reconsideration should be given to adopt SP 
12998. This SP authorizes the transportation in commerce of lab packs 
containing materials that are not waste materials by private or 
contract carrier from one laboratory to another within the same 
company. Because SP 12998 was not proposed for adoption in the NPRM, 
the SP is not being adopted in this final rule.
    Veolia comments that reconsideration should be given to adopt SP 
12102. This SP authorizes transportation in commerce of certain 
unapproved desensitized explosives. Because SP 12102 was not proposed 
for adoption in the NPRM, the SP is not being adopted in this final 
rule.
    Veolia comments that reconsideration should be given to adopt SP 
13179. This SP authorizes transportation in commerce of certain 
approved lighters which have been removed from their inner packaging 
and are being sent for disposal. Because the SP indicated Code 5 
(already adopted or otherwise covered under current regulations as the 
reason it was considered not suitable for adoption), Veolia asserts 
PHMSA will terminate the SP and therefore, its provisions either need 
to be adopted into the HMR in this rulemaking or the SP should not be 
terminated. We sincerely apologize for any confusion this may have 
caused as we mistakenly miscoded SP 13179 in the NPRM. In hindsight, SP 
13179 should have been a Code 2 or 3 as not suitable for adoption. 
Further, because SP 13179 was not proposed for adoption in the NPRM, 
the SP is not being adopted in this final rule nor do we intend to 
terminate it at this time.
    For highway transportation by private carrier, SP 11197 provides 
relief from the requirement to display the limited quantity marking on 
packages containing materials assigned to PG II and III and prepared in 
accordance with the limited quantity requirements in Part 173. In its 
comments, ACA claims the regulatory text is not clear regarding its 
application but did not provide alternative language. Consequently, the 
language is adopted as proposed.
    Gulf Coast, RIBCA-NA, and CI recommend that reconsideration should 
be given to adopt SP 12412 into the HMR as there are 322 companies as 
grantees. This SP authorizes discharge of liquid hazardous materials 
from certain UN intermediate bulk containers (IBCs) and DOT 
specification 57 portable tanks without removing them from the vehicle 
on which they are transported. Because SP 12412 was not proposed for 
adoption in the NPRM, the SP is not being adopted in this final rule.
    Estes-Cox firmly supports the adoption of SP 7887 and comments that 
reconsideration should be given. This SP authorizes certain Class 1 
articles in small amounts to be reclassed as Division 4.1 flammable 
solid, organic, n.o.s. It applies to small ``single-use expendable'' or 
``reloadable'' rocket motors first classed as Division 1.4C or 1.4S 
(NA0323 or NA0276) shipped with or without their igniters classed as 
Division 1.4G or 1.4S under Sec.  173.56. Because SP 7887 was not 
proposed for adoption in the NPRM, the SP is not being adopted in this 
final rule.

G. Non-Bulk Packaging Specifications/IBCs

    IME supports the adoption of SP 12335, which authorizes 
transportation in commerce of certain Division 1.1D and 1.4D detonating 
cords without the ends being sealed in alternative packaging.
    SP 8230 authorizes the transportation in commerce of PG I and II 
nitric acids in certain combination packagings by motor vehicle, rail 
freight, cargo vessel and cargo-only aircraft. Specifically, ``Nitric 
acid, other than red fuming, with more than 70% nitric acid'' and 
``Nitric acid, other than red fuming, with not more than 70% nitric 
acid'' is authorized to be transported in inner plastic bottles in 
rigid foam plastic receptacles or plastic bags lined with absorbent 
material in outer packagings. In its comments, UPS supports adoption of 
SP 8230 in Sec.  173.158(j) as proposed.
    Section 173.158 provides general requirements and exceptions for 
shipments and packagings of nitric acid. In the NPRM, we proposed to 
establish a new paragraph (i) to authorize ``Nitric acid of up to 40% 
concentration'' in a UN1H1 non-removable head plastic drums with 
certain conditions as prescribed in SP 14213. In its comments, Mauser 
questioned why SP 9722 was not also proposed for adoption as it is 
identical to Greif's SP 14213. After additional review, we agree and in 
this final rule are also adopting the provisions of SP 9722 into Sec.  
173.158 accordingly.
    DGAC supports the adoption of SP 9610 with edits. However, the SP 
was revised in November 2014 after review of the SPs as part of this 
proceeding. We agree with the revisions made to the SP. Therefore, in 
this final rule, we are revising new paragraph Sec.  173.29(f) to 
address the DGAC edits and the 2014

[[Page 3651]]

revisions to the SP, specifically, to include fiberboard boxes as 
authorized packagings for empty packagings containing the residue of 
smokeless powders.
Comments Requesting Reconsideration
    IME and COSTHA firmly support that reconsideration should be given 
to adopt SP 8451. This SP authorizes transportation in commerce of not 
more than 25 grams of solid explosive or pyrotechnic material, 
including waste-containing explosives that have an energy density not 
significantly greater than that of pentaerythritol tetranitrate (PETN), 
classed as Division 1.4E, when packed in a special shipping container. 
Because SP 8451 was not proposed for adoption in the NPRM, the SP is 
not being adopted in this final rule.
    IME firmly supports that reconsideration should be given to adopt 
SP 10880. This SP authorizes the transportation in commerce of ammonium 
nitrate-fuel oil mixture (ANFO), Division 1.5, in reusable, flexible 
intermediate bulk containers (IBCs) type UN 13H3 or UN 13H4 conforming 
to Subpart N and O of Part 178. Because SP 10880 was not proposed for 
adoption in the NPRM, the SP is not being adopted in this final rule.
    IME and COSTHA firmly support that reconsideration should be given 
to adopt SP 11156. This SP authorizes transportation in commerce of 
NA0331, UN1942 and UN0331 in non-DOT specification multi-wall plastic-
lined paper bags. Because SP 11156 was not proposed for adoption in the 
NPRM, the SP is not being adopted in this final rule.
    SP 11624 was not proposed for adoption in the NPRM. The SP is in 
its fifteenth revision and has 114 grantees. The SP authorizes 
transportation in commerce of certain waste Class 3 paint and paint 
related material (UN1263; PG II and PG III) contained in metal or 
plastic pails further packed in non-specification bulk packagings such 
as cubic yard boxes, plastic rigid-wall bulk containers, dump trailers, 
and roll-off containers. In their comments, Veolia, ACA, and DGAC 
provided substantial justification why reconsideration should be given 
to adopt SP 11624 into the HMR. Therefore, after revaluation, SP 11624 
and three related packaging SPs (i.e., SP 13052, SP 14712, and 15235) 
are adopted as new Sec.  172.102(c)(3), Special Provision B131.

V. Section-by-Section Review by Topic Area

A. Cylinders--General

Part 172
Section 172.102--Special Provisions
    Section 172.102(c) lists special provisions applicable to specific 
entries in the Hazardous Materials Table (HMT). Special provisions may 
contain packaging requirements, conditions or limitations, and 
exceptions applicable to particular quantities or forms of hazardous 
materials.
    In general, non-bulk packagings must be marked with an 
identification number and proper shipping name and bear labels 
communicating the hazard of the material contained in the package. SP 
13544 authorizes the transportation in commerce of DOT Specification 
4BA240 cylinders containing liquefied petroleum gas (LPG) and propane 
and/or residue of LPG or propane without hazard warnings (i.e., hazard 
communication) provided the materials are transported in a closed and 
placarded transport vehicle. This SP supports the propane cylinder 
exchange programs that accept expended cylinders in exchange for full 
cylinders. Cylinders collected during the course of these programs may 
not always bear the appropriate hazard markings and labels as required 
by the HMR. SP 13544 prescribes certain operational controls to ensure 
appropriate hazard communication, driver training, and appropriate 
securement of the cylinder on the transport vehicle.
    In this final rule, PHMSA is adopting SP 13544 as proposed by 
adding new Special Provision, ``N95'' to Sec.  172.102(c)(5) that 
excepts cylinders containing UN1075, Liquefied petroleum gas and 
UN1978, Propane from marking the identification number and proper 
shipping name or bear hazard labels provided certain conditions are 
met. Because we did not receive public comment on this amendment, 
supportive or otherwise, it is adopted as proposed in the NPRM.
Section 172.400a
    Section 172.400a provides exceptions or alternatives to the HMR 
labeling requirements under specific circumstances. One such 
alternative permits the use of a neckring marking, under certain 
conditions, in accordance with the Compressed Gas Association (CGA) 
Pamphlet C-7, Guide to Preparation of Precautionary Labeling and 
Marking of Compressed Gas Containers, Appendix A, 8th Edition (2004). 
Section 172.400a permits the use of a CGA Pamphlet C-7 marking in lieu 
of the required 100 mm x 100 mm square-on-point labels on a Dewar flask 
meeting the requirements in Sec.  173.320 and on cylinders containing 
Division 2.1, 2.2, and 2.3 materials that are not overpacked.
    SP 14251 authorizes the transportation of overpacked cylinders, 
containing Class 2 materials, with CGA C-7 neckring markings provided 
the overpack is labeled in accordance with Sec.  172.400. Additionally, 
the CGA petitioned PHMSA (under petition P-1521) to allow cylinders to 
display the neckring marking even when overpacked. The petition, if 
adopted, would still require the overpack to display the 100 mm x 100 
mm square-on-point labels in accordance with 49 CFR Part 172, Subpart 
E. The marking prescribed in Appendix A to CGA Pamphlet C-7 provides 
useful information in a clear and consistent manner and its widespread 
use on cylinders over the course of several years has enhanced its 
recognition. The adoption of SP 14251 and CGA's petition would provide 
greater flexibility for shipments of cylinders while ensuring adequate 
hazard communication. Therefore, PHMSA is revising as proposed Sec.  
172.400a by authorizing the transportation of overpacked cylinders 
marked in accordance with CGA Pamphlet C-7 provided the overpacks are 
properly labeled.
Part 173
Section 173.181
    Section 173.181 prescribes authorized packagings for the 
transportation of pyrophoric materials (liquids).
    SP 14419 authorizes the use of DOT Specification 3AL cylinders 
constructed from aluminum alloy 6061-T6 for the transportation of 
pyrophoric liquids provided: (1) The cylinders are constructed of 6061-
T6 aluminum; (2) have a minimum marked service pressure of 1800 psig; 
(3) have a maximum water capacity of 49 liters; and (4) any preheating 
or heating of the cylinders is limited to a maximum temperature of 
175[emsp14][deg]F. In this final rule, PHMSA is revising Sec.  
173.181(a) as proposed to permit the use of DOT Specification 3AL 
cylinders constructed from aluminum alloy 6061-T6, with the same 
specified conditions for the transport of pyrophoric materials.
Section 173.193
    Section 173.193(b) requires that ``Bromoacetone, Methyl bromide, 
Chloropicrin and Methyl bromide mixtures, Chloropicrin and Methyl 
chloride mixtures, and Chloropicrin

[[Page 3652]]

mixtures charged with non-flammable, non-liquefied compressed gas be 
packaged in DOT Specification 3A, 3AA, 3B, 3C, 3E, 4A, 4B, 4BA, 4BW, or 
4C cylinders having not over 113 kg (250 pounds) water capacity 
(nominal).''
    SP 12301 authorizes the transportation in commerce of Chloropicrin 
and Methyl bromide mixtures in DOT 4BW cylinders with water capacity 
(nominal) not over 454 kg (1,000 pounds). In this final rule, PHMSA is 
adopting as proposed the revisions to Sec.  173.193(b) that allow for 
Chloropicrin and Methyl bromide mixtures to be packaged in DOT 
specification 4BW cylinders with a water capacity of not over 454 kg 
(1,000 pounds).
Section 173.301
    Section 173.301 prescribes the general requirements for the use of 
cylinders including a list of authorized cylinders, general filling 
requirements, valve protection, and pressure relief device 
requirements. In the NPRM, we proposed revisions that would amend 
certain pressure relief device requirements and permit the use of valve 
caps made from a material other than metal as authorized under the 
terms of three SPs.
    SP 13318 authorizes the transportation in commerce of DOT 
Specification 39 cylinders of 75 cubic inches or less volume, without 
the PRD in direct communication with the vapor space. PHMSA proposed to 
amend paragraph (f)(2) to state that this provision does not apply to 
cylinders of 75 cubic inches or less in volume filled with a Liquefied 
petroleum gas, Methyl acetylene and Propadiene mixtures, stabilized, 
Propylene, Propane or Butane. Because we did not receive public comment 
on this amendment, supportive or otherwise, it is adopted as proposed 
in the NPRM.
    SP 8074 provides an exception from the PRD requirements for a DOT 
Specification 3E cylinder up to 12 inches long and 2 inches in diameter 
when filled with the following gases and associated quantity limits: 
Carbon dioxide, liquefied 0.24L (8 oz.), Ethane 0.12L (4 oz.), Ethylene 
(4 oz.), Hydrogen chloride, anhydrous 0.24L (8 oz.), Nitrous oxide 
0.24L (8 oz.), Vinyl fluoride, stabilized 0.24L (8 oz.) and 
Monochlorotrifluoromethane 0.35L (12 oz.). In the NPRM, PHMSA proposed 
to create an additional exception to PRD requirements for DOT-3E 
cylinders under limited circumstances in new paragraph Sec.  
173.301(f)(7). Because we did not receive public comment on this 
amendment, supportive or otherwise, it is adopted as proposed in the 
NPRM.
    SP 12782 authorizes plastic valve protection caps for certain 
Division 2.1, 2.2, and 2.3 materials when the valve protection is 
sufficient to prevent leakage when the cylinder, with the valve 
installed, is dropped from 2.0 m (7 ft) or more onto a non-yielding 
floor, impacting the valve assembly or cap at the orientation most 
likely to cause damage. The HMR require that each cylinder with a valve 
must have a protective metal cap, other valve protection device, or an 
overpack which is sufficient to protect the valve from damage during 
transportation. In the NPRM, PHMSA proposed to amend Sec. Sec.  
173.40(d) and 173.301(h) to allow for the new valve protection 
standard, including the valve cap, to be made from plastic as 
authorized in SP 12782. Because we did not receive public comment on 
this amendment, supportive or otherwise, it is adopted as proposed in 
the NPRM.
Section 173.302a
    Sections 173.302, 173.302a, 173.304 and 173.304a prescribe 
additional requirements for the transport of non-liquefied (permanent) 
and liquefied compressed gases in DOT specification cylinders. These 
requirements include authorized cylinders and filling limits. Section 
173.302a(b) states that a DOT 3A, 3AA, 3AX, 3AAX, and 3T cylinder may 
be filled with a compressed gas, other than a liquefied, dissolved, 
Division 2.1, or Division 2.3 gas, to a pressure 10% in excess of its 
marked service pressure, subject to certain criteria.
    SP 6530 authorizes the transport in commerce of hydrogen and 
mixtures of hydrogen with helium, argon, or nitrogen, in certain 
cylinders filled to 10% in excess of their marked service pressure. In 
the NPRM, PHMSA proposed to add a new paragraph (c) to include this 
exception and to redesignate the other paragraphs in this section to 
reflect this addition. Because we did not receive public comment on 
this amendment, supportive or otherwise, it is adopted as proposed in 
the NPRM with the exception of an editorial correction. In the NPRM, 
paragraph (c)(3)(ii) stated that cylinders manufactured with chrome 
moly steel must have been normalized. The paragraph has been corrected 
to state that the steel must have been quenched and tempered, not 
normalized. In addition the paragraph (c)(4) the term safety relief 
devices has been corrected to pressure relief devices for consistency 
with current regulations.
Section 173.304a
    In Sec.  173.304a(a)(2), a table provides the maximum filling 
densities and permissible cylinder types for certain named gases. 
Currently, Sec.  173.304a(a)(2) permits a maximum filling density of 
68% for carbon dioxide and nitrous oxide in DOT 3, DOT 3HT2000 and DOT 
39 cylinders, and DOT 3A, 3AA, 3AX, 3AAX, 3E, 3T, and 3AL cylinders 
with a marked service pressure of 1800 psi.
    SP 13599 authorizes additional maximum filling densities for carbon 
dioxide and nitrous oxide to include 70.3%, 73.2%, and 74.5% 
respectively in DOT 3A, 3AA, 3AX, 3AAX, 3AL, and 3T cylinders with 
marked service pressures of 2000, 2265, and 2400 psig, subject to 
operational controls. Air Products and Chemicals Inc. (Air Products) 
submitted a petition for rulemaking (P-1560) requesting PHMSA revise 
Sec.  173.304a(a)(2) to adopt the provisions of SP 13599. In the NPRM, 
PHMSA proposed to modify the entries currently in the table in Sec.  
173.304a(a)(2) to add additional filling densities for carbon dioxide 
and nitrous oxide. Because we did not receive public comment on this 
amendment, supportive or otherwise, it is adopted as proposed in the 
NPRM.
Part 180, Subpart C
Qualification, Maintenance and Use of Cylinders
    The HMR prescribe requirements for the continuing qualification, 
maintenance, and periodic requalification of DOT specification 
cylinders, DOT SP cylinders, and UN pressure receptacles. These 
requirements ensure that cylinders conform to the appropriate 
specification and compromised cylinders are not filled with hazardous 
materials. The discussion of the proposed amendments includes a 
section-by-section review of the current requirements, and a brief 
discussion of SPs considered for adoption and proposed amendments.
Section 180.209
    Paragraph (e) of Sec.  180.209 authorizes a proof pressure test in 
lieu of the volumetric expansion test for 4B, 4BA, 4BW, or 4E cylinders 
protected with a corrosion resistant coating and used exclusively for 
the gases specified in that paragraph.
    SP 12084 expands the list of authorized gases in paragraph (e). 
These gases include refrigerated and liquefied gases similar to those 
already permitted by Sec.  180.209(e). In the NPRM, PHMSA proposed to 
adopt the provisions in SP 12084 by removing the list of authorized

[[Page 3653]]

gases and authorizing the use of the proof pressure test for DOT-4B, 
4BA, 4BW, or 4E cylinders protected externally by a suitable corrosion 
resistant coating and used exclusively for non-corrosive gases. The 
authorized specifications limit the total pressure in the cylinder to 
500 psi or less. Because we did not receive public comment on this 
amendment, supportive or otherwise, it is adopted as proposed in the 
NPRM.
Section 180.213
    Cylinders requalified in accordance with the HMR must bear 
requalification markings in accordance with Sec.  180.213. As provided 
in Sec.  180.213(c), ``The depth of requalification markings may not be 
greater than specified in the applicable specification. The markings 
must be made by stamping, engraving, scribing or other method that 
produces a legible, durable mark.''
    SP 14937 allows the use of a label embedded in epoxy in lieu of 
other methods prescribed in Sec.  180.213. In the NPRM, PHMSA proposed 
to amend paragraph (c) to allow the use of a label embedded in epoxy in 
lieu of stamping provided the marking is legible and durable. Because 
we did not receive public comment on this amendment, supportive or 
otherwise, it is adopted as proposed in the NPRM.

B. Cylinders--Non-Destructive Testing/Aerosols

Part 173
Section 173.304
    Section 173.304 prescribes requirements for the filling of 
cylinders with liquefied compressed gases. Paragraph (d) of this 
section provides for authorized containers for the filling of cylinders 
with refrigerant and dispersant gases. Current regulations authorize 
these gases in DOT 2Q non-refillable metal containers.
    SP 12573 authorizes a refrigerant gas R 134a, (UN3159), in a non-
DOT specification container similar to a DOT 2Q container with a 
maximum allowable pressure for the contents of 198 psig at 54.4 [deg]C 
(130[emsp14][deg]F). In the NPRM, we differed marginally from the SP 
and proposed to adopt a maximum pressure threshold of 200 psig at 55 
[deg]C (131[emsp14][deg]F) for the container's contents. We indicated 
there was no safety basis for the 200 psig ceiling other than we 
believed it was a cleaner cutoff point than the 198 psig maximum found 
in the SP. In addition, as part of the variation on the design of a DOT 
2Q container, we proposed the modified container would be marked as a 
``DOT 2Q1.''
    Current regulations require that the pressure of the contents of 
the metal containers not exceed 87 psig at 21 [deg]C 
(70[emsp14][deg]F). In the NPRM, we invited comment on whether the 
requirement for a maximum pressure should be specified at 21 [deg]C 
(70[emsp14][deg]F) for the 2Q1 container in addition to the limit at 55 
[deg]C (131[emsp14][deg]F). If so, we invited comment on what the upper 
limit should be for a typical refrigerant or dispersant gas such as 
1,1,1,2 Tetrafluoroethane, R134a.
    In its comments, DSC suggests a single requirement of 210 psig at 
55 [deg]C (131[emsp14][deg]F). It also suggests that such arbitrary 
actions if adopted could increase the number of SP applications 
submitted as a result. PHMSA recognizes the commenters concerns, 
however, changing the reference temperature for the refrigerant gases 
to 54.4 [deg]C (130[emsp14][deg]F) would make section 173.304(d) 
inconsistent with the other sections for filling of gases. As noted in 
the NPRM, PHMSA sought to have consistency where some sections referred 
to 54.4 [deg]C (130[emsp14][deg]F) and some to 55 [deg]C 
(131[emsp14][deg]F). In order to address the commenters concerns, PHMSA 
is raising the proposed maximum pressure authorized in the new DOT 2Q1 
container to 210 psig at 55[deg]C (131[emsp14][deg]F) as authorized in 
Sec. Sec.  173.304 and 173.306. The burst pressure of the DOT 2Q1 will 
have to be slightly raised accordingly to provide for the same safety 
factor. This will be discussed in a later section. See the associated 
discussion in the comments received from Dow earlier in this preamble.
Section 173.306
    Section 173.306 prescribes the general requirements and exceptions 
for limited quantities of compressed gases. In the NPRM, we proposed 
numerous changes to this section. The proposed changes and resolutions 
are discussed in the following.
Conforming Revisions
    Throughout Sec.  173.306 of the HMR and within related SPs that 
provide exemptions from these regulations for gases, pressure standards 
are indicated at either 130[emsp14][deg]F or 131[emsp14][deg]F. In the 
interest of consistency and conformity with the general requirements 
for compressed gases in Sec.  173.301 and 173.301a, in the NPRM we 
proposed to change all references of 54.4 [deg]C (130[emsp14][deg]F) to 
55 [deg]C (131[emsp14][deg]F). We invited comment on whether there 
would be any negative impacts in making this conforming change. We also 
proposed making revisions to the construction and formatting of how 
this section is presented (e.g., insertion of an ``if, then'' table) in 
an effort to make the requirements more reader-friendly.
Authorized Metal Containers
DOT 2P Inner Nonrefillable Metal Containers
    Under Sec.  173.306, limited quantities of foodstuffs or soaps with 
soluble or emulsified compressed gas are authorized in nonrefillable 
metal or plastic containers. The paragraph (b)(1) introductory text 
authorizes these containers subject to a pressure not to exceed 140 
psig at 54.4 [deg]C (130[emsp14][deg]F). SP 13601 and SP 14503 
authorize the transportation of ``UN1950, Aerosols, non-flammable (each 
not exceeding 1 L capacity), 2.2,'' and SP 7951 authorizes the 
transportation of ``UN1956, Compressed gas, n.o.s., 2.2,'' in 
containers that otherwise conform to DOT 2P or DOT 2Q specifications 
with some modifications. Under the terms of SP 13601, the containers 
must have a maximum pressure for the contents not to exceed 160 psig at 
54.4 [deg]C (130[emsp14][deg]F) and, for SP 7951 and SP 14503, the 
containers must have a maximum pressure for the contents not to exceed 
150 psig at 23.9 [deg]C (75[emsp14][deg]F) and must be transported in a 
refrigerated state.
    In the NPRM, we requested comments on whether refrigeration should 
be a condition of transport of these foodstuffs under pressure. In 
their comments, DSC and CSPA both recommend that PHMSA continue to 
require refrigeration as a condition of transport of these foodstuffs 
under pressure. See the comment summary section for a more detailed 
discussion of this issue. Because at least one of the special permits 
to be incorporated (SP 13601) does not explicitly require 
refrigeration, this requirement will not be adopted. Note that the 
additional limit of 150 psig at 23.9 [deg]C (75[emsp14][deg]F) is 
required. The shipper may use refrigeration if needed to achieve this 
pressure. As part of the variation of the DOT 2P containers, the 
modified containers are to be marked as ``DOT 2P1'' under the 
provisions of new Sec.  178.33c discussed separately in this 
rulemaking.
    We also proposed in the NPRM to include the specification DOT 2P1 
as an authorized metal aerosol container under Sec.  173.306(a)(3)(ii). 
We saw no reason to limit the container to foodstuffs or soaps under 
paragraph (b)(1) because the pressure limit for the contents is the 
same as the current requirement for a standard DOT 2P container. 
Lastly, we proposed that the DOT 2P1 would be authorized for both 
Division 2.1 (flammable) and 2.2 (non-flammable) aerosols under

[[Page 3654]]

Sec.  173.306(a)(3)(ii). PHMSA received negative comments on the use of 
the DOT 2P1 container for flammable gases. Because there has been no 
experience with this type of container equipped with a pressure relief 
device in flammable gas service, we will not adopt the 2P1 for any 
materials other than those authorized in the special permits 
incorporated at this time.
DOT 2Q Inner Nonrefillable Metal Containers
    Under Sec.  173.306, limited quantities of compressed gas are 
authorized in metal aerosol containers as defined in Sec.  171.8 of the 
HMR. Paragraph (a)(3) introductory text of this section authorizes 
metal aerosol containers under certain conditions to include packaging 
types and pressure thresholds. Section 173.306(a)(3)(ii) currently 
requires the use of a DOT 2Q container for pressures exceeding 160 psig 
at 54.4 [deg]C (130[emsp14][deg]F) but not to exceed 180 psig. Except 
for some modifications, SP 12573 authorizes the packaging of UN1950, 
Aerosols, non-flammable, in non-DOT specification containers that 
otherwise conform to the DOT 2Q specification with a maximum pressure 
of 198 psig at 54.4 [deg]C (130[emsp14][deg]F).
    In the NPRM, we proposed to adopt the modified DOT 2Q as an 
authorized metal aerosol container. We differed marginally from the SP 
in that we proposed to adopt a maximum pressure threshold of 200 psig 
at 55 [deg]C (131[emsp14][deg]F). We stated that there was no safety 
basis for the 200 psig ceiling other than we believed it was a cleaner 
cutoff point than the 198 psig maximum found in the SP. Additionally, 
we sought to provide consistency by using a reference temperature of 55 
[deg]C (131[emsp14][deg]F). PHMSA received comments about the negative 
impact of raising the reference temperature from 54.4 [deg]C 
(130[emsp14][deg]F) to 55 [deg]C (131[emsp14][deg]F) particularly for 
shippers of R134a which has a pressure of 198 psig at 54.4 [deg]C 
(130[emsp14][deg]F). The commenters further stated that the pressure of 
R134a at 55 [deg]C (131[emsp14][deg]F) is 202 psig and that a pressure 
of 210 psig should be adopted. Consequently, in this final rule, PHMSA 
will adopt a pressure of 210 psig at 55 [deg]C (131[emsp14][deg]F) in 
order to allow for small variations; however, the reference temperature 
will remain at 54.4 [deg]C (130[emsp14][deg]F). As part of the 
variation of the specification of a DOT 2Q container, we stated the 
modified container will be marked as ``DOT 2Q1.''
    In the NPRM, the proposed design burst pressure of the DOT 2Q1 was 
300 psig. Because the fill pressure of the DOT 2Q1 will be 210 psig at 
55 [deg]C (131 [deg]F), PHMSA will raise the design burst pressure to 
320 psig in this final rule. The pressure of 320 psig is consistent 
with the minimum design burst pressure in SP 12573.
    The NPRM also proposed to expand authorized materials to include 
Division 2.1 aerosols for the DOT 2Q1 specification. At that time, we 
saw no reason to limit the use of this container to non-flammable 
aerosols based on its record of use and that DOT 2Q containers 
currently authorized in the HMR are authorized to be used for all 
aerosol types. We also invited comment on the suitability of the 
container for all aerosol types. See the associated comment summary 
discussions for Sec. Sec.  173.304 and 178.33d. PHMSA received mixed 
comments on the use of the DOT 2Q1 container for flammable gases. 
Because there has been no experience with this type of container 
equipped with a pressure relief device in flammable gas service, we 
will not adopt the DOT 2Q1 for any materials other than those 
authorized in the special permits incorporated at this time.
    SP 13581 is linked to the above proposed provision in that it 
authorizes the use of metal aerosol containers manufactured, tested, 
and marked according to SP 12573. We believe this SP will no longer be 
needed with the adoption of the modified DOT 2Q container (i.e., a DOT 
2Q1 container).
Alternatives to Testing of Metal Aerosol Containers by a Hot Water Bath 
Test
    As a condition of the use of a metal aerosol container used for 
certain commodities, each container, after being filled, must be 
subjected to a hot water bath to raise the internal pressure to such a 
degree that leakage or permanent deformation, if any, can be determined 
[see Sec.  173.306(a)(3)(v)]. The provision also provides for a testing 
protocol for a container where the contents may be sensitive to heat. 
Currently, this is the only method authorized for determining leakage 
or permanent deformation. Thus, fillers that have developed other 
testing protocols or do not want to subject their products to a hot 
water bath test, must obtain a SP to do so. A number of SPs that 
authorize the use of alternative methods to determine leakage or 
permanent deformation are discussed as follows:
    (1) Alternate hot water bath test. SP 12995 authorizes a 
methodology that is a combination of a hot water bath test, a weight 
test, and visual inspection. Rather than subjecting each filled 
container to a hot water bath test, only one container out of each lot 
is subjected to the hot water bath test, a second is subjected to a 
weight test, the results of which must be compared to weight 
specification for the container as outlined in quality control 
procedures, and finally, the remainder of the lot must be visually 
inspected by examining the valve, crimp, and seam areas for evidence of 
leakage.
    In the NPRM, we proposed to adopt SP 12995. The permit authorizes 
only DOT 2Q containers but we are applying it to all authorized metal 
aerosol containers. While determining if SP 12995 was suitable for 
inclusion in this rulemaking, PHMSA's technical evaluators confirmed 
that the methodology that includes a combination of hot water bath 
test, weight test, and visual inspection may be performed on a DOT 2P 
as well as a DOT 2Q. Since these containers are similar designs except 
in terms of strength, this alternative to the hot water bath test is 
applicable to any metal container. Previously, most applicants of SP 
12995 only requested 2Q because that is what they needed for their 
particular hazmat, but that does not mean that alternative testing is 
not acceptable for similar containers. Additionally, the permit applies 
to specific filling conditions but we will apply this testing method to 
containers complying with the current filling conditions in Sec.  
173.306(a)(3). Finally, we vary from the permit with our proposed 
language in that we require maintenance and access to operating 
procedures especially with regard to the weight test and specification 
in order to effect a broader application of this alternative. Rather 
than specify standards, we will allow persons to develop their own 
procedures that best fit their product on the condition that DOT has 
access to these procedures. Commenters were very supportive of our 
proposals to adopt such testing alternatives and, in this final rule, 
we are codifying them as proposed.
    (2) Automated in-line pressure test. SPs 14429, 14623, 14625, 
14627, 14723, 14724, 14786, 14842, 14887, 14953, 15135, 15265, 15427, 
and 15972 all authorize the use of an automated process to check the 
pressure of filled containers (i.e., an ``automated in-line pressure 
check'') instead of subjecting the containers to a hot water bath. In 
this final rule, we are adopting the provisions of these SPs as 
proposed that authorize the use of an automated process for pressure 
checks that does not involve a hot water bath.
    (3) Weight test. SP 14440 authorizes the use of a process to check 
the weight of filled containers (i.e., an ``automated in-line pressure 
check'') instead of subjecting the containers to a hot water bath. In 
this final rule, we are adopting the provisions of the SP as proposed 
to

[[Page 3655]]

authorize the use of weight checks as a means to determine compliance 
with pressure requirements.
    (4) Leakage test. SP 14544 authorizes the use of a high pressure 
air test on empty containers combined with a leakage test for filled 
containers instead of subjecting the containers to a hot water bath. 
The testing protocol for filled containers found in this SP is 
currently applied to plastic containers under paragraph (a)(5) of this 
section in the HMR, however, the pressure and leakage test of the empty 
containers differs in its application. Under SP 14544, each empty 
container must be pressure tested at 120 psig instead of the HMR 
requirement that each empty container must be subjected to a pressure 
equal to or in excess of the maximum expected in the filled containers 
at 55 [deg]C (131 [deg]F), and that is at least two-thirds of the 
design pressure of the container. Under both tests, if there is 
evidence of leakage, the container must be rejected. In this final 
rule, we are adopting the provisions of the SP as proposed to authorize 
the use of a leakage test as a means to determine compliance with 
pressure requirements. Our implementation differs from the SP in that 
we are adopting the leakage testing requirements under Sec.  
173.306(a)(5)(v), but including the SP 14544 testing protocol for empty 
containers as an alternative.
Accumulators
    The HMR provide special considerations for compressed gases in 
accumulators. SP 8786 authorizes the transport of accumulators under an 
alternative testing procedure than what is prescribed in paragraphs 
(f)(2) and (f)(3) of this section. Rather than testing each accumulator 
to three times (3x) the charge pressure, the SP provides for conditions 
to test one accumulator out of each lot of 1,000 to the burst design 
pressure, and two accumulators to two and a half times (2.5x) the 
charge pressure. In the NPRM, we proposed to adopt most of SP 8786 into 
Sec.  173.306. Because we did not receive public comment on this 
amendment, supportive or otherwise, it is adopted as proposed in the 
NPRM.
Aerosol Disposal
    The general packaging requirements of the HMR forbid the transport 
of leaking or improperly-filled packages. This includes aerosol 
containers that are found to be leaking or improperly filled as part of 
a combination packaging. SP 11296 provides an option to transport these 
containers to an offsite facility for disposal under certain conditions 
(e.g., overpacking in DOT specification packagings, modal restrictions, 
etc.). In the NPRM, we proposed to adopt the general scope of SP 11296 
with some differences. We proposed to also permit non-flammable 
aerosols. Further, the proposed regulatory language was modeled after 
the salvage packaging requirements of Sec.  173.3(c) in that: (1) The 
authorized outer packaging for overpacking the defective cylinders has 
been expanded to include other metal drums (i.e., 1B2 and 1N2); (2) a 
condition for cushioning and absorbent material, when necessary, has 
been added; and (3) an ``aerosol salvage'' drum marking has been 
adopted. Commenters were very supportive of our proposals to adopt such 
provisions for aerosol disposal and, in this final rule, we are 
codifying them as proposed.
Part 178
Section 178.33c
    Under the HMR, certain DOT specification containers with restricted 
capacity and commonly referred to as ``aerosol containers'' are 
authorized for the transportation of compressed and liquefied 
compressed gases under certain scenarios. These containers include DOT 
2P (inner non-refillable metal) containers. The specification standards 
are prescribed in Sec.  178.33 of the HMR and do not provide for 
variations of those standards. Thus, technological advances or design 
modifications to satisfy customer needs are such that the resulting 
metal containers would not conform to the standards for a DOT 2P 
container, nor any other container authorized under Sec. Sec.  173.304 
or 173.306 of the HMR. SPs 13601 and 14503 (also 7951) provide for a 
variation of the DOT 2P container specifications by authorizing 
construction of the container according to modifications of the 
standards for manufacture and testing.
    The special permits authorized variations of a DOT 2P container 
that are equipped with some manner of pressure relief system (e.g., a 
rim-vent release device or a dome expansion device). The rim vent 
release devices must function within a certain pressure range, 
otherwise the container is rejected. The dome expansion devices are 
designed to buckle to relieve pressure before bursting. For example, 
for a container built to SP 13601, the pressure relief system must 
function between 175 psig and 210 psig or be rejected.
    In the NPRM, we stated that we have no specific information in the 
SP(s) on the relationship between the functional range and the tested 
burst pressure. The current minimum burst pressure for a DOT 2P 
container is 240 psig (Sec.  178.33-8). Using the SP 13601 construction 
requirements, the minimum burst pressure is indicated as 270 psig 
(assumed at 130 [deg]F) and pressure of the contents at 130 [deg]F may 
not exceed 160 psig thus, equating to approximately 1.7x the contents 
at 130 [deg]F without bursting (which is more stringent than for a DOT 
2P under the HMR). Thus, the upper pressure range of the relief system 
is 77.8% of the design burst pressure of 270 psig.
    This is further complicated under SP 14503 (and 7951) where the 
standard for the pressure of the contents is set at 23.9 [deg]C (75 
[deg]F) for which we do not have an equivalent requirement under the 
HMR. Additionally, the ranges for functioning of the relief systems 
have a higher upper bound, 175 psig to 250 psig and 175 psig to 235 
psig, respectively. Lastly, there is no minimum burst pressure 
specified in SP 14503 (and 7951); therefore, we must default to the DOT 
2P minimum burst pressure of 240 psig. Again, the circumstances are 
unclear in that the upper bounds for the functional ranges approach or 
exceed the DOT 2P minimum burst pressure yet we do not have information 
on the actual tested burst pressure which could be much larger. 
Therefore, based on the requirements of SP 13601, we proposed to 
implement a requirement that for containers with pressure relief 
systems, the upper bound of the functional range for a pressure relief 
system must be no greater than 85% of the minimum burst pressure. In 
the NPRM, we proposed to incorporate the standards for the modified DOT 
2P container described in SP 13601 (and likely 14503 (7951)) as a 
variation of the DOT 2P container design. As adopted in this final 
rule, the variation is required to be marked as a ``DOT 2P1.'' All 
standards for a DOT 2P1 remain the same as those for a DOT 2P except 
for the variations prescribed in new Sec.  178.33c-2.
    Commenters expressed concerns about imposing pressure limits on the 
range of the pressure relief systems although there are various 
pressure limits in each special permit that incorporates a rim vent 
release type of device in the container design. The commenters state 
that the actual activation range of the pressure relief system design 
is not as important to safety as that the system must function before 
the container bursts. We agree with the commenters. In the testing 
requirement of DOT 2P1, the performance standard is that the containers 
must fail at the location of the pressure relief system or the lot will 
be rejected. PHMSA believes that incorporating the DOT 2P1 without a

[[Page 3656]]

specific functional range or limit for a rim vent release system will 
make the container specification more suitable for incorporation into 
the HMR because of broader applications rather than prescriptive 
regulatory text based on specific special permits. In this final rule, 
PHMSA will incorporate the requirements for the end expansion devices 
as proposed. The containers with an end expansion device must buckle 
prior to burst.
Section 178.33d
    Under the HMR, certain DOT specification containers with restricted 
capacity and commonly referred to as ``aerosol containers'' are 
authorized for the transportation of compressed and liquefied 
compressed gases under certain scenarios. These containers include DOT 
2Q (inner non-refillable metal) containers. Though the DOT 2Q 
specification is prescribed in Sec.  178.33a of the HMR, it does not 
provide for variations of those standards. Thus, technological advances 
or design changes to satisfy customer needs are such that the resulting 
metal containers would not conform to the standards of a DOT 2Q 
container, nor any other container authorized under either Sec. Sec.  
173.304 or 173.306 of the HMR. SP 12573 provides for a variation of the 
DOT 2Q container specifications by authorizing construction of the 
container according to modifications to the standards for type and 
size, manufacture, wall thickness, and testing. SP 14503 also provides 
for a variation of the DOT 2Q container specification by authorizing 
construction of the container according to modifications to its 
manufacture and testing criteria.
    Variations provided in the SPs for DOT 2Q containers require that 
they are equipped with some type of pressure relief system (e.g., a 
rim-vent release device or a dome expansion device), that must function 
by a certain threshold level or within a certain pressure range, 
otherwise the container is rejected. In effect, these containers are 
designed to buckle to relieve pressure before bursting. For example, 
for a container built to SP 12573, the minimum pressure before the 
system buckles is 220 psig (and if not equipped with a pressure relief 
system, the container may not burst below 320 psig). The maximum 
pressure of the contents authorized under this SP is 198 psig at 54.4 
[deg]C (130 [deg]F) (in the NPRM, we proposed a maximum pressure of 200 
psig based on this SP in the Sec.  173.306 discussion for DOT 2Q 
containers). After reviewing comments to the NPRM, we will adopt a 
maximum pressure of 210 psig at 55 [deg]C (131 [deg]F) in this final 
rule. The current requirements for a DOT 2Q container under Sec.  
173.306(a)(3)(ii) is that the pressure of the contents cannot exceed 
180 psig at 54.4 [deg]C (130 [deg]F) and the container must be capable 
of withstanding a pressure of 1.5x the contents at 54.4 [deg]C (130 
[deg]F) without bursting. Applying the same multiplier to 210 psig, the 
container must withstand at least 305 psig without bursting. The SP 
12573 minimum burst pressure of 320 psig is more than the current 
required minimum burst pressure of 270 psig for a DOT 2Q container; 
however, it provides approximately the same safety factor of 1.52. In 
this final rule, we are adopting as proposed the standards for the 
modified DOT 2Q container found in SP 12573 as a variation of the DOT 
2Q container design. This variation is required to be marked ``DOT 
2Q1.''
    The requirements under SP 14503 operate differently in that the 
standard for the pressure of the contents is set at 23.9 [deg]C (75 
[deg]F) to which we do not have an equivalent requirement under the 
HMR. Additionally, the SP provides for a range of pressure for 
functioning of the relief systems, specifically, 180 to 300 psig. 
Lastly, there is no minimum burst pressure specified in SP 14503 so we 
must default to the DOT 2Q minimum burst pressure of 270 psig. The 
upper bound for the functional range exceeds the 2Q minimum burst 
pressure yet we do not have information on the actual tested burst 
pressure which could be much larger. Therefore, based on a similar 
proposal to implement provisions of SP 13601 for 2P containers (see 
Sec.  178.33c preamble discussion), the upper bound of the functional 
range for a pressure relief system must be no greater than 80% of the 
test pressure. In the NPRM, we invited comment on using this approach 
and whether it would be preferable to implement a requirement for the 
upper bound of the range based on the pressure of the contents.
    Commenters did not respond specifically to the question of 
functional range for the DOT 2Q1 or 2Q2; however, they expressed 
concerns about imposing pressure limits on the range of the pressure 
relief systems of the DOT 2P1 which incorporates a similar pressure 
relief system design. The commenters state that the actual activation 
range of the pressure relief system design is not as important to 
safety as that the system must function before the container bursts. We 
agree with the commenter. We are imposing the same testing requirement 
as that for the DOT 2P1 in that the containers must fail at the 
location of the pressure relief system or the lot will be rejected. The 
containers with an end expansion device must buckle prior to burst.
    In this final rule, we are adopting as proposed the standards for 
the modified DOT 2Q container described in SP 14503 as a variation on 
the DOT 2Q container design. This variation is required to be marked as 
a ``DOT 2Q2.'' Further, the pressure relief device requirements for the 
DOT 2Q2 will be the same as that for the DOT 2P1 and 2Q1.

C. Cargo Tanks/Rail Cars/Portable Tanks

Part 173
Section 173.315
    Section 173.315 prescribes bulk packaging provisions for liquefied 
compressed gases in UN and DOT specification cargo tanks and portable 
tanks.
    SP 12576 authorizes non-DOT specification cargo tanks for the 
transportation of ``UN1080, Sulfur hexafluoride'' that otherwise 
conform to the MC 331 specifications except for design pressure, 
capacity, and marking. In the NPRM, we proposed to revise the Sec.  
173.315(a)(2) table by referring to a new note 28 in the entry for 
``Division 2.2, materials not specifically provided for in this table'' 
as Sulfur hexafluoride is not listed by name in the table. New note 28 
codifies such tanks specified in SP 12576 for the transportation of 
sulfur hexafluoride. Because we did not receive public comment on this 
amendment, supportive or otherwise, it is adopted as proposed in the 
NPRM.
Section 173.319
    Section 173.319 prescribes the loading and packaging provisions for 
cryogenic liquids transported in rail tank cars.
    SP 12039 authorizes the transportation in commerce of DOT 113C120W 
rail tank cars containing ``UN1038, Ethylene, refrigerated liquid,'' at 
an internal pressure of 20 psig instead of the maximum 10 psig. 
Currently, the HMR authorizes a maximum of 10 psig in a DOT 113C120W 
rail tank car containing cryogenic ethylene when offered for 
transportation by rail. Because we did not receive public comment on 
this amendment, supportive or otherwise, it is adopted as proposed in 
the NPRM.

D. Operational Air/Vessel

Part 176
Section 176.90
    Section 176.90 prescribes requirements for private automobiles

[[Page 3657]]

carrying Class 1 hazardous materials on board ferry vessels. There are 
four SPs that provide relief for ferry transport of private automobiles 
carrying engines, gasoline, and propane. SP 7465, 11150, 13213, and 
14458 all contain slightly different provisions to facilitate this 
process safely. Where differences exist between these permits, PHMSA 
has attempted to choose the least restrictive provision for adoption.
    In the NPRM, PHMSA proposed to renumber the existing paragraph in 
Sec.  176.90 as paragraph (a), and add a new paragraph (b) to adopt an 
exception for ``UN3166, Engines, internal combustion, flammable gas 
powered or flammable liquid powered, including when fitted in machinery 
or vehicles (i.e. motor vehicles, recreational vehicles, campers, 
trailers), vehicle flammable liquid or flammable gas powered, gasoline, 
and petroleum gases, liquefied or liquefied petroleum gas'' when 
included as part of a motor home, recreational vehicle, camper, or 
trailer and carried aboard ferry vessels subject to certain operational 
controls. Because we did not receive public comment on this amendment, 
supportive or otherwise, it is adopted as proposed in the NPRM.
Section 176.800
    Section 176.800 of the HMR prescribes general vessel stowage 
requirements for corrosive materials.
    SP 11691 authorizes transportation in commerce of certain flammable 
and corrosive liquids, which are the ingredients of soft drinks 
(beverages), not subject to the segregation requirements for vessel 
stowage when shipped in the same transport unit. In the NPRM, we 
proposed to add a new special provision, W11, to Sec.  172.102, 
regarding vessel segregation of corrosive and combustible materials and 
foodstuffs. Based on comments from PCSD, proposed Special provision W11 
is being replaced by revising paragraph (a) of Sec.  176.800 to allow 
Class 8 (corrosive) materials that are also foodstuffs or foodstuff 
ingredients intended for human consumption to not be considered 
incompatible for segregation purposes.

E. Operational Highway/Rail/Shipper/Other

Part 171
Section 171.8
    Section 171.8 defines terms generally used throughout the HMR that 
have broad or multi-modal applicability.
    In the NPRM, PHMSA proposed to add the following definition based 
on the adoption of SP 11458:
    Display pack means a package intended to be placed at retail 
locations which provide direct customer access to consumer commodities 
contained within the package when all or part of the outer fiberboard 
packaging is removed.
    SP 11458 authorizes the transportation in commerce of display packs 
of consumer commodity packages or limited quantity packages that exceed 
the 30 kg gross weight limit. The provisions of SP 11458 were proposed 
for adoption into Sec.  173.156. However, the term ``display pack'' is 
not currently defined in the HMR. In the NPRM we proposed to adopt the 
definition of ``display pack'' in Sec.  171.8 based upon its definition 
in SP 11458. Commenters were very supportive of our proposal to adopt a 
definition of display packs in Sec.  171.8 and, in this final rule, we 
are codifying it as proposed.
Part 172
Sections 172.101 (Hazardous Materials Table) and 172.102 Special 
Provisions
    Section 172.101 provides instructions for using the Hazardous 
Materials Table (HMT) and the HMT itself. Column 7 of the HMT provides 
codes for special provisions applicable to specific hazardous materials 
descriptions. Special provisions may contain unique packaging 
requirements, prohibitions, and exceptions applicable to particular 
quantities or forms of hazardous materials. When Column 7 of the HMT 
refers to a special provision, the requirements of that special 
provision are as set forth in Sec.  172.102. In the NPRM, PHMSA 
proposed the following revisions to Sec.  172.102:
Special Provision 380
    SP 10705 provides relief from the segregation requirements of Sec.  
177.848(d) for the transport of ``UN1092, Acrolein, stabilized,'' by 
private carrier in a motor vehicle. In the NPRM, PHMSA proposed to add 
Special Provision 380 to Sec.  172.102(c)(1) to codify SP 10705. The SP 
prescribes the packaging that must be used and the materials in which 
it may be loaded. Because we did not receive public comment on the 
proposal, adverse or otherwise, in this final rule, we are adopting the 
amendment as proposed.
Special Provision 381
    SP 7991 provides relief from the HMR for the transportation of 
railroad flagging kits by highway. See Sec.  173.184 for a detailed 
discussion of the adoption of SP 7991. In the NPRM, PHMSA proposed to 
add Special Provision 381 to Sec.  172.102(c)(1) to codify SP 7991. As 
adopted in this final rule, Special Provision 381 will be assigned to 
the following HMT entries: Fusee (rail or highway) (NA1325, Division 
4.1, PG II); Articles, pyrotechnic (UN0431, Division 1.4G, PG II); 
Signal Devices, hand (UN0373, Division 1.4S, PG II); Signal Devices, 
hand (UN0191, Division 1.4G, PG II); and Signals, railway track, 
explosive (UN0193, Division 1.4S, PG II). Because we did not receive 
public comment on the proposal, adverse or otherwise, in this final 
rule, we are adopting the amendment as proposed.
Special Provision 382
    SP 8006 provides relief from the labeling requirements of Sec.  
172.400(a) for the transportation of toy plastic or paper caps for toy 
pistols by motor vehicle, railcar, cargo vessel, and cargo aircraft. 
See Sec.  172.400a(a)(8) for a detailed discussion of the adoption of 
SP 8006. In the NPRM, PHMSA proposed to add Special Provision 382 to 
Sec.  172.102(c)(1) to codify SP 8006. Special Provision 382 will be 
assigned to the following HMT entries: Articles, explosive, n.o.s. 
(UN0349) and Toy caps (NA0337). Because we did not receive public 
comment on the proposal, adverse or otherwise, in this final rule, we 
are adopting the amendment as proposed.
Special Provision 383
    SP 11356 authorizes material meeting the conditions for high 
viscosity flammable liquids specified in Sec.  173.121(b)(1)(i), 
(b)(1)(ii), and (b)(1)(iv), to be re-classed to Packing Group III for 
transportation by motor vehicle. In the NPRM, PHMSA proposed to add 
Special Provision 383 to Sec.  172.102(c)(1) to codify SP 11356. The SP 
prescribes packaging, capacity limitations, and load securement 
requirements. Special Provision 383 will be assigned to the following 
HMT entries: Coating solution (UN1139, PG II) and Paint (and Paint 
related material) (UN1263, PG II). Because we did not receive public 
comment on the proposal, adverse or otherwise, in this final rule, we 
are adopting the amendment as proposed.
Special Provision 384
    SP 11666 authorizes the transportation of green graphite electrodes 
and shapes that are large single component solid objects not subject to 
sifting, in open rail flat cars, open bed motor vehicles, and 
intermodal containers. In the NPRM, PHMSA proposed to add Special 
Provision 384 to Sec.  172.102(c)(1) to codify SP 11666. The SP 
prescribes load securement requirements for the electrodes and shapes. 
Further, the SP permits stacking two or more levels high

[[Page 3658]]

to achieve maximum allowable utilization of the designated vehicle, 
rail car weight, or intermodal freight container weight or vessel hold 
volume. Special Provision 384 will be assigned to the following HMT 
entries: Other regulated substances, n.o.s. (NA3077, PG III) and 
Environmentally hazardous substances, solid, n.o.s. (UN3077, PG III). 
In this final rule, we are adopting the amendments as proposed with 
minor editorial clarifications.
Special Provision 385
    SP 13343 authorizes the use of cargo heaters when weather 
conditions are such that the freezing of certain wetted explosive 
material is likely. In the NPRM, PHMSA proposed to add Special 
Provision 385 to Sec.  172.102(c)(1) to codify SP 13343. Transportation 
must be performed by private, leased or contract carrier vehicles in 
exclusive use. Further, cargo heaters must be reverse refrigeration 
(heat pump) units. Shipments made in accordance with the SP are 
excepted from the anti-freeze requirements of Sec.  173.60(b)(4). The 
provisions of SP 13343 are specific to ``UN0394, Trinitroresorcinol, 
wetted or Styphnic acid, wetted with not less than 20% water, or 
mixture of alcohol and water by mass''; therefore, Special Provision 
385 will be assigned exclusively to those HMT entries. Because we did 
not receive public comment on the proposal, adverse or otherwise, in 
this final rule, we are adopting the amendment as proposed.
Special Provision 386
    In the NPRM, we proposed to codify SP 6614 by establishing a new 
paragraph (b)(3) to authorize polyethylene bottles with rated 
capacities of one gallon (3.785 liters), packed inside an open-top, 
heavy wall, high density polyethylene box for shipping certain PG II 
and III corrosive liquids by private motor carrier. In this final rule, 
we are adopting SP 6614 as proposed; however, we are moving the 
amendment from paragraph (b) to new Sec.  172.102(c)(1), Special 
provision 386, as it is a more appropriate location in the HMR for it.
Special Provision B130
    SP 14525 provides relief from the HMR except for the shipping paper 
requirements of Subpart C of Part 172, emergency response information 
as required by Sec.  172.602, and the marking requirements of Sec.  
172.302(a), (b), and (d) when transporting used diatomaceous earth 
filter material by highway. In the NPRM, PHMSA proposed to add Special 
Provision B130 to Sec.  172.102(c)(3) to codify SP 14525. The SP 
prescribes packaging, quantity limitations, and the required method of 
storing the packages within the motor vehicle. The provisions of SP 
14525 are specific to ``UN3088, Self-heating solid, organic, n.o.s'' 
(PG III); therefore, Special Provision B130 will be assigned 
exclusively to that HMT entry. Because we received minimal public 
comment on the proposal, in this final rule, we are adopting the 
amendment as proposed.
Special Provision B131
    As previously discussed, SP 11624 was not proposed for adoption in 
the NPRM. The SP is in its fifteenth revision and has 114 grantees. The 
SP authorizes transportation in commerce of certain waste Class 3 paint 
and paint related material (UN1263; PG II and PG III) contained in 
metal or plastic pails further packed in non-specification bulk 
packagings such as cubic yard boxes, plastic rigid-wall bulk 
containers, dump trailers, and roll-off containers. After careful 
reevaluation, SP 11624 and three related packaging SPs (i.e., SP 13052, 
SP 14712, and 15235) are adopted as new Sec.  172.102(c)(3), Special 
Provision B131.
Special Provision B132
    SP 11602 authorizes the transportation in commerce of certain 
Division 4.3 materials contained in sift-proof closed bulk packagings 
that prevent water from reaching the hazmat and have sufficient venting 
to preclude a dangerous accumulation of gaseous emissions. In the NPRM, 
we proposed to adopt the provisions of SP 11602 in its entirety in 
Sec.  173.151(g). Because we did not receive public comment on the 
proposal, adverse or otherwise, in this final rule, we are adopting the 
amendment as proposed. However, in this final rule, we are moving the 
amendment to new Sec.  172.102(c)(3), Special provision B132 as it is a 
more appropriate section for these provisions.
Section 172.202
    Section 172.202 prescribes requirements for describing hazardous 
materials on shipping papers. In many scenarios, a net or gross 
quantity of the hazardous materials must be included.
    SP 11811 provides relief from this requirement for local 
collections operations transporting hazardous materials and hazardous 
substances by highway that are ``household wastes'' as defined in 40 
CFR 261.4 and not subject to the Environmental Protection Agency's 
hazardous waste regulations in 40 CFR, Parts 262 and 263. In the NPRM, 
we proposed to revise paragraph (c) of Sec.  172.202 to adopt the 
provisions of SP 11811 in its entirety. Because we did not receive 
public comment on the proposal, adverse or otherwise, in this final 
rule, we are adopting the amendment as proposed.
Section 172.315
    Section 172.315 prescribes marking requirements for packages of 
limited quantities of hazardous materials.
    SP 11197 provides relief from the requirement to display the 
limited quantity marking on packages containing certain low-risk 
materials assigned to PG II and III prepared in accordance with the 
limited quantity provisions in Subpart B of part 173 of the HMR for 
highway transportation by private motor carrier. The SP prescribes 
inner packaging and package quantity limitations; the maximum gross 
weight of packages that may be transported in one vehicle; and special 
package marking requirements. In the NPRM, we proposed to add a new 
paragraph (a)(3) to Sec.  172.315 to adopt the provisions of SP 11197 
in its entirety. Because we did not receive public comment on the 
proposal, adverse or otherwise, in this final rule, we are adopting the 
amendment as proposed.
Section 172.400a
    Section 172.400a provides exceptions from the Sec.  172.400 general 
labeling requirements for packages or containment devices of hazardous 
materials.
    SP 8006 provides relief from the Sec.  172.400 general labeling 
requirements for toy plastic or paper caps for toy pistols described as 
``UN0349, Articles, explosive, n.o.s. (Toy caps), 1.4S'' or ``NA0337, 
Toy caps, 1.4S'' when offered for transportation by motor vehicle, rail 
freight, cargo vessel, and cargo aircraft. The toy plastic or paper 
caps must have been examined in conformance with Sec.  173.56 and 
approved by the Associate Administrator. In the NPRM, we proposed to 
add a new paragraph (a)(8) to Sec.  172.400a to adopt the provisions of 
SP 8006 in its entirety. Because we did not receive public comment on 
the proposal, adverse or otherwise, in this final rule, we are adopting 
the amendment as proposed.
Part 173
Section 173.12
    Section 173.12 provides certain exceptions and authorizations for 
the transportation of waste hazardous materials.
    SP 11470 authorizes transportation by motor vehicle and cargo 
vessel of shrink-wrapped pallets containing boxes of waste ORM-D or 
limited quantity materials when marked with the word ``WASTE'' on the 
outside of

[[Page 3659]]

the pallet instead of each individual box. The SP also prescribes 
packaging requirements for the waste materials. COSTHA requested that 
PHMSA adopt this SP into the HMR under petition for rulemaking P-1611. 
In the NPRM, we proposed to add a new paragraph (h) to Sec.  173.12 to 
adopt the provisions of SP 11470 in its entirety. Because of the 
supportive public comments received as a result of our proposal, in 
this final rule, we are adopting the amendments as revised. Based on 
comments from Veolia, the revisions include authorizing ``stretch-
wrapped'' pallets in addition to shrink-wrapped pallets and 
``packages'' rather than boxes only.
Section 173.29
    Section 173.29 prescribes certain requirements, exceptions, and 
authorizations for the transportation of empty packagings.
    SP 9610 provides relief from shipping paper and placarding 
requirements of Subparts C and F of part 172, respectively, for 
smokeless powder residue when transported by motor vehicle or railcar 
in ``Container-on-flat-car'' (COFC) or ``Trailer-on-flat-car'' (TOFC) 
service. The smokeless powder must be approved in conformance with 
Sec.  173.56 as a Class 1 explosive substance. The SP prescribes 
packaging requirements, quantity limitations, operational controls, and 
a specific shipping description for the material. In the NPRM, we 
proposed to revise paragraph (f) of Sec.  173.29 to adopt the 
provisions of SP 9610 in its entirety. Because of the supportive public 
comments received as a result of our proposal, in this final rule, we 
are adopting the amendments as proposed with minor revisions to allow 
additional packaging types.
Section 173.63
    Section 173.63 provides packaging exceptions for certain Class 1 
(explosive) materials.
    SP 4850 authorizes Cord, detonating, or Fuse detonating, metal clad 
(UN0290, Div. 1.1D) to be renamed and reclassed as Cord, detonating, 
mild effect, or Fuse, detonating, mild effect, metal clad (UN0104, Div. 
1.4D); and Charges, shaped, flexible, linear (UN0288, Div. 1.1D) to be 
renamed and reclassed Charges, shaped, flexible, linear (UN0237, Div. 
1.4D) and transported by motor vehicle, railcar, cargo vessel, and 
cargo aircraft. The SP prescribes packaging requirements and quantity 
limitations. In the NPRM, we proposed to revise paragraph (a) of Sec.  
173.63 to adopt the provisions of SP 4850 in its entirety. However, 
during review of the final rule, concerns that there was insufficient 
hazard communication to prevent the reclassed shipments from finding 
their way into the air mode were raised. In addition, concerns 
regarding the distinctions between shipping being offered domestically 
versus internationally were discussed. Because additional conditions 
for its adoption were not proposed in the January 30, 2015 NPRM, in 
this final rule, we are not codifying SP 4850 into the HMR at this time 
but intend to consider it for incorporation in the near future 
considering the hazard communication concerns. We will include any 
proposals in upcoming NPRMs for comment.
Section 173.156
    Section 173.156 provides exceptions for the transportation of 
certain limited quantities and other regulated materials (ORM).
    SP 11458 authorizes display packs of consumer commodity packages 
that exceed 30 kg gross weight for transportation by railcar in 
trailer-on-flat-car (TOFC) or container-on-flat-car (COFC) service, or 
roadrailer and/or railrunner trailers or by motor vehicle, or cargo 
vessel. See Sec.  171.8 for a discussion of the addition of the 
definition of display pack. In a petition for rulemaking (P-1607), 
COSTHA requested PHMSA adopt this SP into the HMR. In the NPRM, we 
proposed to add a new paragraph (c) to Sec.  173.156 to adopt the 
provisions of SP 11458 in its entirety. Because of the supportive 
public comments received as a result of our proposal, in this final 
rule, we are adopting the amendment as proposed.
    SP 11470 authorizes transportation by motor vehicle and cargo 
vessel of shrink-wrapped pallets containing boxes of waste ORM-D or 
limited quantity materials when marked with the word ``WASTE'' on the 
outside of the pallet instead of each individual box. The adoption of 
SP 11470 relating to exceptions for waste limited quantity and ORM-D 
materials is discussed in the preamble for Sec.  173.12. In the NPRM, 
we proposed to add a new paragraph (d) to Sec.  173.156 that directs 
the reader to the new paragraph (h) of Sec.  173.12 which codifies the 
provisions of SP 11470. Because of the supportive public comments 
received as a result of our proposal, in this final rule, we are 
adopting the amendment as proposed with one modification. Veolia 
supports adoption of SP 11470 with one substantial modification--the 
HMR should not limit to ``expired'' consumer products but rather all 
consumer commodities shipped for disposal/recycling under manufacturer 
recalls, off-spec/unwanted/unneeded product, etc. We recognized the 
merit of Veolia's comment and revised Sec.  173.12 accordingly.
Section 173.159
    Section 173.159 prescribes requirements for the transportation of 
wet electric storage batteries.
    SP 11078 conditionally excepts the transportation of nickel cadmium 
batteries containing potassium hydroxide, a Class 8 material, from 
other requirements of the HMR when transported by motor vehicle, 
railcar, cargo vessel and passenger and cargo aircraft. In the NPRM, we 
proposed to add a new paragraph (j) to Sec.  173.159 to codify the 
provisions of SP 11078 in its entirety. Because we did not receive 
public comment on the proposal, adverse or otherwise, in this final 
rule, we are adopting the amendment as proposed.
    SP 13548 authorizes transportation in commerce of lead acid 
batteries and packages of battery acid (with two different 
identification numbers) on the same vehicle. Commenters were supportive 
of its adoption in the HMR. In this final rule, the introductory text 
in paragraph (e) is revised accordingly.
Section 173.168
    Section 173.168 prescribes specific approval, testing, protection, 
packaging, and equipment marking requirements for chemical oxygen 
generators.
    SP 11984 authorizes certain unapproved chemical oxygen generators 
with only one positive means of preventing unintentional actuation of 
the generator, and without the required approval number marked on the 
outside of the package, to be transported by motor vehicle, railcar, 
and cargo vessel. In the NPRM, we proposed to add a new paragraph (g) 
to Sec.  173.168 to adopt the provisions of SP 11984 in its entirety. 
Veolia supports adoption of SP 11984 with one modification--the HMR 
should require flame-proof outer packaging for chemical oxygen 
generators shipped with only one positive means of preventing 
unintentional activation as expressed in concern for equivalent level 
of safety in proposed SP modification in August 2011. Veolia's comments 
notwithstanding, because of the mainly supportive public comment 
received and safety evaluation as a result of our proposal, in this 
final rule, we are adopting the amendment as proposed.
Section 173.184
    Section 173.184 prescribes packaging requirements for the 
transportation of highway or rail fusees.

[[Page 3660]]

    When in conformance with SP 7991, flagging kits transported on 
railroad motor vehicles including privately-owned motor vehicles under 
the direct control of on-duty railroad employees, are excepted from the 
requirements of the HMR. Flagging kits may only contain fusees and 
railroad torpedoes described as: Fusee (rail or highway) (NA1325, 
Division 4.1, PG II); Articles, pyrotechnic (UN0431, Division 1.4G, PG 
II); Signal devices, hand (UN0373, Division 1.4S, PG II); Signal 
devices, hand (UN0191, Division 1.4G, PG II); and Signals, railway 
track, explosive (UN0193, Division 1.4S, PG II). This SP prescribes 
packaging requirements, quantity limitations, and operational controls. 
In the NPRM, we proposed to add a new paragraph (c) to Sec.  173.184 to 
adopt the provisions of SP 7991 in its entirety. Because we did not 
receive public comment on the proposal, adverse or otherwise, in this 
final rule, we are adopting the amendment as proposed.
Section 173.226
    Section 173.226 prescribes specific packaging requirements for the 
transportation of materials poisonous by inhalation, Division 6.1, PG 
I, Hazard Zone A.
    When transported as prescribed in SP 11055, liquid hazardous 
materials in Division 6.1, PG I, Hazard Zone A, are excepted from the 
segregation requirements of Sec. Sec.  174.81, 176.83, and 177.848(d). 
The SP prescribes packaging and testing requirements, quantity 
limitations, and cushioning and absorbent material requirements. In the 
NPRM, we proposed to add a new paragraph (f) to Sec.  173.226 to adopt 
the provisions of SP 11055 in its entirety. Because we did not receive 
public comment on the proposal, adverse or otherwise, in this final 
rule, we are adopting the amendment as proposed.
Section 173.306
    Section 173.306 provides exceptions for limited quantities of 
compressed gas. Section 173.306(e) currently permits only new (unused) 
refrigerating machines to be excepted from specification packaging, 
placarding, and certain rail and highway modal requirements.
    SP 13199 permits reconditioned (used) refrigerating machines 
(UN2857, Div. 2.2) to be transported under the requirements prescribed 
in Sec.  173.306(e) and excepted from the marking requirements of Sec.  
172.302(c) when transported by motor vehicle and meeting certain 
structure and Class A refrigerant gas weight requirements. In the NPRM, 
we proposed to add new paragraph (e)(2) to Sec.  173.306 to adopt the 
provisions of SP 13199 in its entirety. Because we did not receive 
public comment on the proposal, adverse or otherwise, in this final 
rule, we are adopting the amendment as proposed.
Section 173.322
    Section 173.322 prescribes packaging requirements for ethyl 
chloride. In the January 30, 2015 NPRM, we proposed to add a new 
paragraph (f) to Sec.  173.322 to adopt the provisions of SP 14422 in 
its entirety. Because SP 14422 is no longer an active special permit, 
in this final rule, we are not adopting the amendment as proposed.
Part 174
Section 174.67
    Section 174.67 prescribes operational requirements for the railroad 
tank car unloading of hazardous materials.
    SP 12002 authorizes the clearing of frozen liquid blockages from 
tank car outlets by attaching a fitting to the outlet line and applying 
nitrogen at a pressure of 50 to 100 psi for combustible liquid or Class 
3 liquid petroleum distillate fuels. In the NPRM, we proposed to revise 
paragraph (g) to Sec.  174.67 to adopt the provisions of SP 12002 in 
its entirety. In its comments, ACA recommends that the use of nitrogen 
should be permitted ``at a pressure of up to 100 psi'' for clarity. We 
agree and revise Sec.  174.67(g) accordingly.
Part 177
Section 177.820
    Currently there is no Sec.  177.820 in the HMR. However, in the 
NPRM, we proposed to add a new Sec.  177.820 that authorizes the 
movement of certain hazardous materials across public roads with 
limited exceptions.
    SPs 11352, 12207, 12306, 13165, and 14945 authorize the movement of 
certain hazardous materials across public roads. Such movements are not 
subject to Subparts C (Shipping Papers), D (Marking), E (Labeling), and 
F (Placarding) of Part 172. The SPs prescribe specific operational 
controls. In the NPRM, we proposed to add a new Sec.  177.820 to adopt 
the provisions of these SPs in their entirety. COSTHA and DGAC support 
the adoption of SPs 11352, 12207, 12306, 13165, and 14945; however, 
according to COSTHA, the proposed regulatory text in Sec.  177.820 
appears to be more restrictive than the HMR applicability exceptions 
currently in Sec.  171.1(d)(4). We agree with COSTHA and are not 
adopting the five SPs and new Section 177.820 as proposed in the NPRM.
Section 177.834
    Section 177.834 establishes general operational requirements for 
hazardous materials transportation by highway.
    SPs 9874, 13190, 13424, 13959, 14141, 14150, 14680, 14822, 14827, 
and 14840 authorize ``attendance'' of the loading or unloading of a 
cargo tank by a qualified person observing all loading or unloading 
operations by means of video cameras and monitors or instrumentation 
and signaling systems such as sensors, alarms, and electronic 
surveillance equipment located at a remote control station. In the 
NPRM, we proposed to revise paragraphs (i)(3) and (i)(4) of Sec.  
177.834 to adopt the provisions of these SPs in their entirety.
    In its comments, Dow supports codification of the SPs but has 
specific concerns: (1) SP 9874 and 14822 authorize instrumentation and 
signaling systems such as sensors, alarms, and electronic surveillance 
equipment in addition to video monitoring; (2) SPs 9874 and 14822 do 
not require a video camera with a ``motorized zoom lens capable of 
panning and zooming from the remote control station''; (3) SPs 9874 and 
14822 do not require that the view capability must include the entire 
containment area; and (4) the need for assurance that the attendance 
requirements in Sec.  177.834 (i) apply to motor carriers only. We 
agree that Dow's comments have merit and, in this final rule, except 
for number (4), the regulatory text in Sec.  177.834(i) is revised 
accordingly. Regarding issue number (4), long-standing interpretations 
preclude the need to revise the attendance applicability provisions of 
the HMR.
    SPs 13484 and 14447 authorize ``attendance'' of the loading or 
unloading of a cargo tank through the use of hoses equipped with cable 
connected wedges, plungers, or flapper valves located at each end of 
the hose, able to stop the flow of product from both the source and the 
receiving tank within one second without human intervention in the 
event of a hose rupture, disconnection, or separation. The SPs 
prescribe inspection requirements and operational controls for use of 
the hoses. In the NPRM, we proposed to revise paragraphs (i)(3) and 
(i)(4) of Sec.  177.834 to adopt the provisions of SPs 13484 and 14447 
in their entirety. Because we did not receive public comment on the 
proposal, adverse or otherwise, in this final rule, we are adopting the 
amendments as proposed.
    SPs 10597, 10803, 10882, 14618, and 14726 authorize the use of 
diesel or propane fueled combustion cargo

[[Page 3661]]

heaters in motor vehicles used to transport Class 3 (flammable liquid) 
or Division 2.1 (flammable gas) materials. The SPs prescribe 
operational controls for use of heaters. In the NPRM, we proposed to 
revise paragraph (l)(2)(i) of Sec.  177.834 to adopt the provisions of 
these SPs in their entirety. In this final rule, because the existing 
paragraph (l)(2)(ii) of Sec.  177.834 relating to the Effective date 
for combustion heater requirements is obsolete, we are removing it as 
proposed. In addition, we are redesignating paragraph (l)(2)(iii) of 
Sec.  177.834 as paragraph (l)(2)(ii) as proposed in the NPRM. Because 
we did not receive public comment on the proposal, adverse or 
otherwise, in this final rule, we are adopting the amendment as 
proposed.
Section 177.838
    Section 177.838 prescribes operational requirements for the 
transportation of Class 4 (flammable solid) materials, Class 5 
(oxidizing) materials, and Division 4.2 (self-heating and pyrophoric 
liquid) materials.
    Notwithstanding the segregation requirements of Sec.  177.848(d), 
SP 11373 authorizes the transport on the same transport vehicle of 
``UN1384, Sodium hydrosulfite or sodium dithionite'' (PG II or III), 
``UN3341, Thiourea dioxide'' (PG II or III); and ``UN3088, Self-
heating, solid, organic, n.o.s.'' (PG II or III) with Class 8 
materials. The SP prescribes packaging and separation requirements. In 
the NPRM, we proposed to revise the title of Sec.  177.838 and add a 
new paragraph (i) to Sec.  177.838 to adopt the provisions of SP 11373 
in its entirety. Because we did not receive public comment on the 
proposal, adverse or otherwise, in this final rule, we are adopting the 
amendment as proposed.
Section 177.840
    Section 177.840 establishes specific operational requirements for 
the transportation of Class 2 (gases) materials.
    Notwithstanding the segregation requirements of Sec.  177.848(d), 
SP 11043 authorizes the transport on the same transport vehicle of 
Division 2.3, Hazard Zone A materials with materials classed as 
Division 2.1, Class 3, Class 4, Class 5, and Class 8. The SP prescribes 
packaging, marking, separation requirements.
    Notwithstanding the segregation requirements of Sec.  177.848(d), 
SP 14335 authorizes the transport on the same transport vehicle of 
Division 2.3, Hazard Zone A materials with specification non-bulk 
packagings and IBCs containing only the residue of Division 2.1, 4.3, 
5.1, and Class 3 and 8 materials. The SP prescribes separation and 
securement requirements, operational controls, quantity limitations, 
and carrier safety rating requirements.
    In the NPRM, we proposed to add a new paragraph (a)(3) to Sec.  
177.840 to adopt the provisions of SPs 11043 and 14335 in their 
entirety. Veolia supports the adoption of SP 11043; however, they 
recommend the regulatory text proposed in Sec.  177.840(a)(3)(i) should 
be revised to require a 4-foot separation rather than a 5-foot 
separation for consistency with the segregation spacing requirements in 
Sec.  173.12(e). We agree and are revising Sec.  177.840(a)(3)(i) 
accordingly.
Section 177.841
    Section 177.841 establishes specific operational requirements for 
the transportation of Division 6.1 and Division 2.3 materials.
    Notwithstanding the segregation requirements of Sec.  177.848(d), 
SP 11151 authorizes transportation by private or contract motor carrier 
of Division 6.1 PG I, Hazard Zone A materials meeting the definition of 
a hazardous waste as defined in Sec.  171.8 on the same transport 
vehicle with materials classed as Class 3, Class 4, Class 5, and Class 
8. The Division 6.1 PG I, Hazard Zone A materials must be loaded on 
pallets and separated from the Class 3, Class 4, Class 5, and Class 8 
materials by a minimum horizontal distance of 2.74 m (9 feet). In the 
NPRM, we proposed to add a new paragraph (f) to Sec.  177.841 to adopt 
the provisions of SP 11151 in its entirety. Because we did not receive 
public comment on the proposal, adverse or otherwise, in this final 
rule, we are adopting the amendment as proposed.

F. Non-Bulk Packaging Specifications/IBCs

Part 172
Section 172.101
    The Sec.  172.101 HMT designates the materials listed therein as 
hazardous materials for the purpose of transportation of those 
materials. For each listed material, the HMT identifies the hazard 
class or specifies that the material is forbidden in transportation, 
and provides the proper shipping name or directs the user to the 
preferred proper shipping name. In addition, the HMT specifies or 
references requirements in this subchapter pertaining to labeling, 
packaging, quantity limits aboard aircraft, and stowage of hazardous 
materials aboard vessels. In the NPRM, we proposed to revise several 
entries in the HMT to adopt SPs relating to non-bulk packagings and 
IBCs. Specifically, for ``UN1415, Lithium,'' ``UN2257, Potassium,'' 
``UN3190, Self-heating solid, inorganic, n.o.s.,'' ``UN1428, Sodium,'' 
``UN1381, Phosphorus, yellow, under water'' and ``UN2813, Water-
reactive solid, n.o.s.'' (Packing Group II and III), we proposed to add 
a reference to Sec.  173.151 to provide packaging exceptions for 
relevant Hazard Class 4 materials. In this final rule, the provisions 
adopted for ``UN1381, Phosphorus, yellow, under water'' and ``UN2813, 
Water-reactive solid, n.o.s.'' (Packing Group II and III) are moved to 
the more appropriate Sec. Sec.  173.188 and the new Sec.  
172.102(c)(3), Special provision B132 respectively. The revisions are 
discussed in the following sections.
Part 173
Section 173.62
    Section 173.62 prescribes packaging instructions for explosives.
    SP 12335 authorizes the transportation by motor vehicle, cargo 
vessel, and cargo aircraft when authorized in the HMT, and passenger-
carrying aircraft when authorized for carriage by the HMT and used 
exclusively to transport personnel to remote work sites certain 
Division 1.1D and 1.4D detonating cords without the ends being sealed 
in alternative packaging, provided that the inner packaging containing 
the detonating cord is made of a static-resistant plastic bag of at 
least 3 mil thickness and the bag is securely closed for 
transportation. In the NPRM, we proposed to adopt the provisions of SP 
12335 in its entirety in Sec.  173.62. Because we did not receive 
public comment on the proposal, adverse or otherwise, in this final 
rule, we are adopting the amendment as proposed.
Section 173.150
    Section 173.150 provides exceptions from the HMR for certain Class 
3 (flammable liquid) material.
    To codify SP 13217, in the NPRM, PHMSA proposed to add a paragraph 
(h) to Sec.  173.150 that included an exception to permit Diesel fuel 
(UN1202 or NA1993) and Gasoline (UN1203) to be transported one way, by 
motor vehicle, directly from the loading location to an equipment 
repair facility in non-specification non-bulk packaging, known as a 
gasoline dispenser. Because we did not receive public comment on the 
proposal, adverse or otherwise, in this final rule, we are adopting the 
amendment as proposed.
Section 173.151
    Section 173.151 provides exceptions for certain Class 4 materials.

[[Page 3662]]

    In the NPRM, we proposed to add new paragraph (e) that would except 
``UN1415, Lithium,'' ``UN2257, Potassium,'' and ``UN1428, Sodium,'' 
with a net quantity of material per inner packaging not exceeding 25 
grams, from the labeling requirements of Part 172, Subpart E and the 
placarding requirements of Part 172 Subpart F, if they are offered for 
transportation or are transported in the packagings with conditions set 
forth in that paragraph. We also proposed to codify SP 11736 by 
establishing a new paragraph (f) to authorize shipments of ``UN3190, 
Self-heating solid, inorganic, n.o.s,'' in unlined, non-DOT 
specification multi-wall paper bags containing a maximum of 55 pounds 
(net) weight. Because SP 11736 is no longer active, in this final rule, 
we are not amending Sec.  173.151 to codify the SP. We further proposed 
adding new paragraph (g) to authorize ``UN2813, Water reactive solid, 
n.o.s. (contains magnesium, magnesium nitrides)'' in PG II or III to be 
packaged in sift-proof bulk packagings. These revisions codify SPs 
11602, 11736, 13796, and 15373. Because we did not receive public 
comment on the proposals, adverse or otherwise, in this final rule, we 
are adopting the amendments as proposed.
    SP 11602 authorizes the transportation in commerce of certain 
Division 4.3 materials contained in sift-proof closed bulk packagings 
that prevent water from reaching the hazmat and have sufficient venting 
to preclude a dangerous accumulation of gaseous emissions. In the NPRM, 
we proposed to adopt the provisions of SP 11602 in its entirety in 
Sec.  173.151(g). Because we did not receive public comment on the 
proposal, adverse or otherwise, in this final rule, we are adopting the 
amendment as proposed. However, in this final rule, we are moving the 
amendment to new Sec.  172.102(c)(3), Special provision B132 as it is a 
more appropriate section for these provisions.
    SP 13796 authorizes the transportation in commerce of ``UN1381, 
Phosphorus, yellow, under water,'' in a 30 gallon UN 1A2 steel drum 
certified at a minimum to the PG I performance level for solids and the 
PG II performance level for liquids and, as a minimum, dual marked as 
UN1A2/X400/S (for solids) and UN1A2 Y/1.4/150 (for liquids). In the 
NPRM, we proposed to adopt the provisions of SP 13796 in its entirety 
in Sec.  173.151. Because we did not receive public comment on the 
proposal, adverse or otherwise, in this final rule, we are adopting the 
amendment as proposed. However, in this final rule, we are moving the 
amendment to the most appropriate section for yellow phosphorus, Sec.  
173.188; we are also removing the Sec.  173.151 column (8A) exception 
reference to its HMT entry.
    SP 15373 authorizes the manufacture, mark, sale and use of the 
specially designed combination packagings for ``UN1415, Lithium,'' 
``UN2257, Potassium,'' and ``UN1428, Sodium,'' without hazard labels or 
placards, for quantity limits not exceeding 25 grams. In the NPRM, we 
proposed to adopt the provisions of SP 15373 in its entirety in new 
Sec.  173.151(e). Because we did not receive public comment on the 
proposal, adverse or otherwise, in this final rule, we are adopting the 
amendment as proposed.
Section 173.154
    Section 173.154 provides exceptions for Class 8, (corrosive) 
materials.
    In the NPRM, we proposed to codify SP 6614 by establishing a new 
paragraph (b)(3) to authorize polyethylene bottles with rated 
capacities of one gallon (3.785 liters), packed inside an open-top, 
heavy wall, high density polyethylene box for shipping certain Packing 
Group II and III corrosive liquids by private motor carrier. In this 
final rule, we are adopting SP 6614 as proposed; however, we are moving 
the amendment from paragraph (b) to new Sec.  172.102(c)(1), Special 
provision 386, as it is a more appropriate location in the HMR.
    In the NPRM, we also proposed to codify SP 14137 in new paragraph 
(e) to authorize hydrochloric acid concentration not exceeding 38%, in 
Packing Group II, to be packaged in UN31H1 or UN31HH1 intermediate bulk 
containers when loaded in accordance with the requirements of Sec.  
173.35(h). In this final rule, we are adopting SP 14137 as proposed; 
however, we are moving the amendment from Sec.  173.154(e) to new Sec.  
172.102(c)(3), Special provision B133, as it is a more appropriate 
location in the HMR.
    These amendments to Sec.  173.154 codify SP 6614 and 14137. Because 
we did not receive public comment on the proposals, adverse or 
otherwise, in this final rule, we are adopting the amendments as 
proposed. However, the proposed provisions of SP 12030 are now codified 
in Sec.  173.159(h)(2), as it is a more appropriate location in the HMR 
for battery fluid packaging provisions.
Section 173.158
    Section 173.158 prescribes the general requirements, authorized 
packagings, and exceptions for nitric acid.
    To codify SPs 8230, 9722, and 14213, we proposed in the NPRM to 
establish a new paragraph (i) to authorize ``Nitric acid of up to 40% 
concentration'' in a UN1H1 non-removable head plastic drum with certain 
conditions set forth in that paragraph and add new paragraph (j) for 
the transportation of ``Nitric acid, other than red fuming, with more 
than 70% nitric acid'' and ``Nitric acid, other than red fuming, with 
not more than 70% nitric acid'' in a combination packaging when offered 
for transportation by rail, highway, or cargo vessel. Because of the 
supportive public comments received as a result of our proposal, in 
this final rule, we are adopting the amendments as proposed.
Section 173.159
    Section 173.159 prescribes packaging, shipping specifications, and 
exceptions for the transportation of wet electric storage batteries.
    To codify SP 13548, in the NPRM, we proposed to revise paragraph 
(e) to include shipments of electric storage batteries containing 
electrolyte or corrosive battery fluid, and electric storage batteries 
and battery acid. SP 13548 authorizes the transportation in commerce of 
lead acid batteries and packages of battery acid with two different UN 
numbers on the same motor vehicle with the packages secured against 
shifting. Because of the supportive public comments received as a 
result of our proposal, in this final rule, we are adopting the 
amendments as proposed.
    In the NPRM, we proposed to revise Sec.  173.154 by codifying SP 
12030 in new paragraph (f). After comment review and our own analysis, 
we believe this amendment is more appropriately codified in new Sec.  
173.159(h)(2) along with the existing provision in new Sec.  
173.159(h)(1). Special provision N6 of Sec.  172.102 specifies that 
battery fluid, acid or alkali, when packaged with an electric storage 
battery, wet or dry, is to be packaged as prescribed in Sec.  
173.159(g) or (h). Thus, in this final rule, we are moving the 
amendment from Sec.  173.154(f) to Sec.  173.159(h)(2) and codifying it 
as proposed.
Section 173.181
    Section 173.181 sets forth packaging and other requirements for 
pyrophoric materials (liquids).
    To codify SP 12920, in the NPRM, we proposed to add new paragraph 
(d) to Sec.  173.181 that authorizes the transportation of certain 
pyrophoric materials in a combination package consisting of UN1A2 outer 
package and a UN1A1 inner package. Because we did not receive public 
comment on the proposal, adverse or otherwise, in this final rule, we 
are adopting the amendment as proposed.

[[Page 3663]]

Section 173.188
    Section 173.188 prescribes the packaging instructions for white and 
yellow phosphorus.
    SP 13796 authorizes the transportation of ``UN1381, Phosphorus, 
yellow, under water,'' in a 30 gallon UN 1A2 steel drum certified as a 
minimum to the PG I performance level for solids and the PG II 
performance level for liquids and, as a minimum, dual marked as UN1A2/
X400/S (for solids) and UN1A2 Y/1.4/150 (for liquids). In the NPRM, we 
proposed to adopt the provisions of SP 13796 in its entirety in Sec.  
173.151. Because we did not receive public comment on the proposal, 
adverse or otherwise, in this final rule, we are adopting the amendment 
as proposed. However, in this final rule, we are moving the amendment 
to the most appropriate section for yellow phosphorus, Sec.  173.188; 
we are also removing the Sec.  173.151 column (8A) exception reference 
to its HMT entry.

VI. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This rulemaking is issued under the authority of the Federal 
hazardous materials transportation law (49 U.S.C. 5101 et seq.). 
Section 5103(b) authorizes the Secretary of Transportation to prescribe 
regulations for the safe transportation, including security, of 
hazardous materials in intrastate, interstate, and foreign commerce. 
This rulemaking codifies certain SPs into the HMR.

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

    This final rule is not considered a significant regulatory action 
under Executive Order 12866 (``Regulatory Planning and Review''), as 
supplemented and reaffirmed by Executive Order 13563 (``Improving 
Regulation and Regulatory Review''), 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, and the Regulatory Policies and Procedures of 
the Department of Transportation (44 FR 11034). 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, issued May 10, 2012, urges agencies to 
conduct retrospective analyses of existing rules to examine whether 
they remain justified and whether they should be modified or 
streamlined in light of changed circumstances, including the rise of 
new technologies. By building off of each other, these three Executive 
Orders 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.''
    In this final rule, PHMSA is amending the HMR to adopt provisions 
contained in certain widely-used or long-standing SPs that have an 
established safety record. The revisions are intended to provide wider 
access to the regulatory flexibility offered in SPs and eliminate the 
need for numerous renewal requests, thus reducing paperwork burdens and 
facilitating commerce while maintaining an appropriate level of safety. 
Although difficult to quantify, PHMSA assumes that for most regulated 
entities in these categories, the revisions in this final rule require 
little or no change to existing practice or behavior and incremental 
compliance costs will thus be close to zero. At the same time, the 
potential for additional safety benefits is also very limited in these 
cases, as existing practice and operations are already minimizing the 
number of incidents.
    Estimated benefits associated with this rule result from the 
regulated community no longer being required to apply for an SP and 
amount to approximately $14,000 annually. Costs associated with the 
rule are estimated to be negligible annually. Since existing SP holders 
are already complying with the specifications of the current SPs, the 
amendments adopted in this final rule would not impose new obligations 
on current non-holders of SPs. The overall costs and benefits of the 
rule are dependent on the level of pre-existing compliance and the 
overall effectiveness of the new requirements specified in this 
rulemaking.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''), 64 FR 
43255 (Aug. 10. 1999) and the President's May 20, 2009 memorandum (74 
FR 24693 [May 22, 2009]). The requirements in this final rule would 
preempt state, local, and Indian tribe requirements but would not have 
substantial direct effects on the States, the relationship between the 
national government and the States, or the distribution of power and 
responsibilities among the various levels of government. Therefore, the 
consultation and funding requirements of Executive Order 13132 do not 
apply.
    The Federal hazardous materials transportation law, 49 U.S.C. 5101 
et seq., contains an express preemption provision (49 U.S.C. 5125(b)) 
preempting State, local, and Indian tribe requirements on the following 
subjects:
    (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 material; or
    (5) The design, manufacture, fabrication, marking, maintenance, 
recondition, repair, or testing of a packaging or container 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous material.
    Federal hazardous materials transportation law provides at 49 
U.S.C. 5125(b)(2) that, if DOT issues a regulation concerning any of 
these subjects, DOT 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 2 years after the date of issuance.
    This rule would address subject areas (1), (2), (3), and (5) above 
and would preempt any state, local, or Indian tribe requirements 
concerning these subjects unless the non-Federal requirements are 
``substantively the same'' as the Federal requirements. The effective 
date of Federal preemption is April 20, 2016.

D. Executive Order 13175

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

[[Page 3664]]

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 
unless the agency determines that a rule is not expected to have a 
significant impact on a substantial number of small entities. The 
primary costs to small entities associated with this rule include 
developing and updating a risk assessment, developing and updating 
operating procedures, and additional training for hazmat employees who 
perform loading and unloading operations.
    PHMSA expects the impacts of this rule will be limited for many 
small entities due to their compliance with other existing Federal 
regulations. In this rulemaking, PHMSA also explicitly acknowledges 
that many regulated entities are holders of SPs or are part of industry 
associations with voluntary codes of safe practice, and that these may 
be sufficient for compliance with the final rule as long as all of the 
relevant safety areas are addressed and documented. For regulated 
entities in these categories, the rulemaking requires little or no 
change to existing practices or behavior and incremental compliance 
costs will thus be close to zero. Therefore, the benefit and cost 
figures discussed below should be viewed as upper bounds, both of which 
will be reduced by the extent of current practice.
    PHMSA estimates that there are 50 potentially affected small 
entities. The annualized documentation cost for developing and updating 
the risk assessment and the operating procedures is estimated to be 
$375 per small entity. The annualized cost of additional training for 
affected employees is estimated to be approximately $5.50 per employee. 
Further, PHMSA estimates that approximately 50% of small businesses are 
already implementing procedures that would be compliant with this 
rulemaking. Based upon the above estimates and assumptions, PHMSA 
certifies that this rulemaking does not have a significant economic 
impact on a substantial number of small entities. Further information 
on the estimates and assumptions used to evaluate the potential impacts 
to small entities is available in the Regulatory Impact Assessment that 
has been placed in the public docket for this rulemaking.

F. Paperwork Reduction Act

    PHMSA currently has an approved information collection under OMB 
Control No. 2137-0051, entitled ``Special Permits and Approvals,'' 
expiring on May 31, 2018. Section 1320.8(d), Title 5, Code of Federal 
Regulations, requires PHMSA to provide interested members of the public 
and affected agencies an opportunity to comment on information 
collection and recordkeeping requests. This rulemaking adds new 
exceptions to the HMR while eliminating the need for persons to apply 
for a SP, resulting in a decrease in burden. PHMSA estimates the 
reduction in information collection burden as follows:

OMB Control No. 2137-0051: SPs and Approvals
Decrease in Annual Number of Respondents: 96
Decrease in Annual Responses: 96
Decrease in Annual Burden Hours: 194
Decrease in Annual Burden Cost: $14,027

    There are 832 grantees associated with the 96 SPs being adopted in 
this rulemaking. Over 10 years, a SP would on average be renewed twice, 
resulting in 1,664 renewals (832 x 2). The average number of 
applications per year would be approximately 166 (1,664/10). The annual 
estimated cost savings would total $14,027 (166 number of renewals per 
year x $39.50/hr. preparation cost + 166 renewals per year x $45.00/hr 
compliance cost).
    Please direct your requests for a copy of this final information 
collection to Steven Andrews or T. Glenn Foster, Office of Hazardous 
Materials Standards (PHH-12), Pipeline and Hazardous Materials Safety 
Administration, 1200 New Jersey Avenue SE., 2nd Floor, Washington, DC, 
20590-0001.

G. Regulatory Identifier Number (RIN)

    A regulatory 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 can be used to cross-reference this action with the 
Unified Agenda.

H. Unfunded Mandates Reform Act

    This rulemaking does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. PHMSA has concluded that the rule 
will not impose annual expenditures of $141.3 million on State, local, 
or tribal governments or the private sector, and thus does not require 
an Unfunded Mandates Act analysis.

I. 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 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 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 under the Trade 
Agreement Act, as amended.

J. Environmental Assessment and NEPA Analysis

    PHMSA is amending the HMR by adopting provisions contained in 
certain widely-used or long-standing SPs that have an established 
safety record. The revisions are intended to provide wider access to 
the regulatory flexibility offered in SPs and eliminate the need for 
numerous renewal requests, thus reducing paperwork burdens and 
facilitating commerce while maintaining an appropriate level of safety.
    The National Environmental Policy Act (NEPA), 42 U.S.C. 4321-4375, 
requires that federal agencies analyze

[[Page 3665]]

proposed actions to determine whether the action will have a 
significant impact on the human environment. The Council on 
Environmental Quality (CEQ) regulations order 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). A detailed NEPA assessment has been placed in the docket 
for this rulemaking for public review.

K. Privacy Act

    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (65 FR 19477) which 
may be viewed at: http://www.gpo.gov/fdsys/pkg/FR-2000-04-11/pdf/00-8505.pdf.

L. National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act of 1995 (15 
U.S.C. 272 note) directs federal agencies to use voluntary consensus 
standards in their regulatory activities unless doing so would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g. specification of 
materials, test methods, or performance requirements) that are 
developed or adopted by voluntary consensus standard bodies. This final 
rule does not involve voluntary consensus standards.

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, 
Labeling, 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 174

    Hazardous materials transportation, Incorporation, Radioactive 
materials, and Railroad safety.

49 CFR Part 176

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

49 CFR Part 177

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

49 CFR Part 178

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

49 CFR Part 180

    Hazardous materials transportation, Motor carriers, Motor vehicle 
safety, Packaging and containers, Railroad safety, 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 171 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; Public Law 101-410 
section 4 (28 U.S.C. 2461 note); Public Law 104-121 sections 212-
213; Public Law 104-134 section 31001; Public Law 112-141 section 
33006, 33010; 49 CFR 1.81 and 1.97.


0
2. In Sec.  107.1, revise the definitions for ``insufficient corrective 
action'' and ``sufficient corrective action'' to read as follows:


Sec.  107.1  Definitions.

* * * * *
    Insufficient corrective action means that either a PHMSA Field 
Operations (FOPS) Division officer or an authorized representative or 
special agent of DOT upon request, such as an Operating Administration 
(OA) representative, has determined that evidence of an applicant's 
corrective action in response to prior enforcement cases is inadequate 
or incomplete and the basic safety management controls proposed for the 
type of hazardous material, packaging, procedures, and/or mode of 
transportation remain inadequate to prevent recurrence of a violation.
* * * * *
    Sufficient corrective action means that either a PHMSA Field 
Operations officer or an authorized representative or special agent of 
DOT upon request, such as an Operating Administration (OA) 
representative, has determined that evidence of an applicant's 
corrective action in response to prior enforcement cases is sufficient 
and the basic safety management controls proposed for the type of 
hazardous material, packaging, procedures, and/or mode of 
transportation are adequate.
* * * * *

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; 101, section 4 (28 U.S.C. 
2461 note); Public Law 104-121, sections 212-213; Public Law 104-
134, section 31001; 49 CFR 1.81 and 1.97.

0
4. In Sec.  171.8, the definition of ``Display pack'' is added in 
alphabetical sequence to read as follows:


Sec.  171.8  Definitions and abbreviations.

* * * * *
    Display pack means a package intended to be placed at retail 
locations which provide direct customer access to consumer commodities 
contained within the package when all or part of the outer fiberboard 
packaging is removed.
* * * * *

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 1.81, 1.96 and 
1.97.


0
6. In Sec.  172.101, the Hazardous Materials Table is amended by 
revising entries under ``[REVISE]'' to read as follows:


Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *

[[Page 3666]]



                                                                                                Sec.   172.101--Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                    Hazardous                                                                                                 (8) packaging (Sec.   173.***)               (9) Quantity limitations            (10) Vessel stowage
                    materials        Hazard                                                                        ---------------------------------------------------------------------------------------------------------------------
   Symbols      descriptions and    class or     Identification        PG        Label codes    Special provisions
                 proper shipping    division          No.                                        (Sec.   172.102)      Exceptions        Non-bulk           Bulk          Passenger      Cargo aircraft      Location          Other
                      names                                                                                                                                             aircraft/rail         only
(1)            (2)...............         (3)  (4)..............  (5)........  (6)............  (7)...............  (8A)...........  (8B)...........  (8C)...........  (9A)...........  (9B)...........  (10A)..........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
               [REVISE]..........
 
                                                                                                              * * * * * * *
               Acrolein,                  6.1  UN1092...........  I..........  6.1, 3.........  1, 380, B9, B14,    None...........  226............  244............  Forbidden......  Forbidden......  D..............  40
                stabilized.                                                                      B30, B42, B77,
                                                                                                 T22, TP2, TP7,
                                                                                                 TP13, TP38, TP44.
 
                                                                                                              * * * * * * *
               Adhesives,                   3  UN1133...........  I..........  3..............  T11, TP1, TP8,      150............  201............  243............  1 L............  30 L...........  B..............
                containing a                                                                     TP27.
                flammable liquid.
                                                                  II.........  3..............  149, 383, B52,      150............  173............  242............  5 L............  60 L...........  B..............
                                                                                                 IB2, T4, TP1, TP8.
                                                                  III........  3..............  B1, B52, IB3, T2,   150............  173............  242............  60 L...........  220 L..........  A..............
                                                                                                 TP1.
 
                                                                                                              * * * * * * *
G............  Articles,                 1.4S  UN0349...........  II.........  1.4S...........  101, 148, 382.....  None...........  62.............  None...........  25 kg..........  100 kg.........  01.............  25
                explosive, n.o.s.
 
                                                                                                              * * * * * * *
               Articles,                 1.4G  UN0431...........  II.........  1.4G...........  381...............  None...........  62.............  None...........  Forbidden......  75 kg..........  02.............  25
                pyrotechnic for
                technical
                purposes.
 
                                                                                                              * * * * * * *
               Coating solution             3  UN1139...........  I..........  3..............  T11, TP1, TP8,      150............  201............  243............  1 L............  30 L...........  B..............
                (includes surface                                                                TP27.
                treatments or
                coatings used for
                industrial or
                other purposes
                such as vehicle
                undercoating,
                drum or barrel
                lining).
                                                                  II.........  3..............  149, IB2, T4, TP1,  150............  202............  242............  5 L............  60 L...........  B..............
                                                                                                 TP8, 383.
                                                                  III........  3..............  B1, IB3, T2, TP1..  150............  203............  242............  60 L...........  220 L..........  A..............
 
                                                                                                              * * * * * * *
G............  Corrosive liquid,            8  UN3264...........  I..........  8..............  A6, B10, T14, TP2,  None...........  201............  243............  0.5 L..........  2.5 L..........  B..............  40
                acidic,                                                                          TP27.
                inorganic, n.o.s.
                                                                  II.........  8..............  386, B2, IB2, T11,  154............  202............  242............  1 L............  30 L...........  B..............  40
                                                                                                 TP2, TP27.
                                                                  III........  8..............  IB3, T7, TP1, TP28  154............  203............  241............  5 L............  60 L...........  A..............  40
G............  Corrosive liquid,            8  UN3265...........  I..........  8..............  A6, B10, T14, TP2,  None...........  201............  243............  0.5 L..........  2.5 L..........  B..............  40
                acidic, organic,                                                                 TP27.
                n.o.s.
                                                                  II.........  8..............  148,B2, IB2, T11,   154............  202............  242............  1 L............  30 L...........  B..............  40
                                                                                                 TP2, TP27.
                                                                  III........  8..............  386, IB3, T7, TP1,  154............  203............  241............  5 L............  60 L...........  A..............  40
                                                                                                 TP28.
G............  Corrosive liquid,            8  UN3266...........  I..........  8..............  A6, T14, TP2, TP27  None...........  201............  243............  0.5 L..........  2.5 L..........  B..............  40, 52
                basic, inorganic,
                n.o.s.
                                                                  II.........  8..............  386, B2, IB2, T11,  154............  202............  242............  1 L............  30 L...........  B..............  40, 52
                                                                                                 TP2, TP27.
                                                                  III........  8..............  IB3, T7, TP1, TP28  154............  203............  241............  5 L............  60 L...........  A..............  40, 52
 
                                                                                                              * * * * * * *
G............  Corrosive liquids,           8  NA1760...........  I..........  8..............  A6, A7, B10, T14,   None...........  201............  243............  0.5 L..........  2.5 L..........  B..............  40
                n.o.s.                                                                           TP2, TP27.

[[Page 3667]]

 
                                                                  II.........  8..............  386, B2, IB2, T11,  154............  202............  242............  1 L............  30 L...........  B..............  40
                                                                                                 TP2, TP27.
                                                                  III........  8..............  386, IB3, T7, TP1,  154............  203............  241............  5 L............  60 L...........  A..............  40
                                                                                                 TP28.
 
                                                                                                              * * * * * * *
G............  Environmentally              9  UN3077...........  III........  9..............  8, 146, 335, 384,   155............  213............  240............  No limit.......  No limit.......  A..............
                hazardous                                                                        A112, B54, B120,
                substance, solid,                                                                IB8, IP3, N20,
                n.o.s.                                                                           N91, T1, TP33.
 
                                                                                                              * * * * * * *
D............  Fusee (railway or          4.1  NA1325...........  II.........  4.1............  381...............  None...........  184............  None...........  15 kg..........  50 kg..........  B..............
                highway).
 
                                                                                                              * * * * * * *
               Hydrochloric acid.           8  UN1789...........  II.........  8..............  386, A3, A6, B3,    154............  202............  242............  1 L............  30 L...........  C..............
                                                                                                 B15, B133, IB2,
                                                                                                 N41, T8, TP2.
                                                                  III........  8..............  A3, IB3, T4, TP1..  154............  203............  241............  5 L............  60 L...........  C..............  8
 
                                                                                                              * * * * * * *
               Hypochlorite                 8  UN1791...........  II.........  8..............  148, A7, B2, B15,   154............  202............  242............  1 L............  30 L...........  B..............  26
                solutions.                                                                       IB2, IP5, N34,
                                                                                                 T7, TP2, TP24.
                                                                  III........  8..............  386, IB3, N34, T4,  154............  203............  241............  5 L............  60 L...........  B..............  26
                                                                                                 TP2, TP24.
 
                                                                                                              * * * * * * *
               Lithium...........         4.3  UN1415...........  I..........  4.3............  A7, A19, IB4, IP1,  151............  211............  244............  Forbidden......  15 kg..........  E..............  13, 52, 148
                                                                                                 N45.
 
                                                                                                              * * * * * * *
D G..........  Other regulated              9  NA3077...........  III........  9..............  384, B54, IB8,      155............  213............  240............  No limit.......  No limit.......  A..............
                substances,                                                                      IP2, T1, TP33.
                solid, n.o.s.
 
                                                                                                              * * * * * * *
               Paint including              3  UN1263...........  I..........  3..............  367, T11, TP1,      150............  201............  243............  1 L............  30 L...........  E..............
                paint, lacquer,                                                                  TP8, TP27.
                enamel, stain,
                shellac
                solutions,
                varnish, polish,
                liquid filler and
                liquid lacquer
                base.
                                                                  II.........  3..............  149, 367, 383,      150............  173............  242............  5 L............  60 L...........  B..............
                                                                                                 B52, B131, IB2,
                                                                                                 T4, TP1, TP8,
                                                                                                 TP28.
                                                                  III........  3..............  367, B1, B52,       150............  173............  242............  60 L...........  220 L..........  A..............
                                                                                                 B131, IB3, T2,
                                                                                                 TP1, TP29.
 
                                                                                                              * * * * * * *
               Paint related                3  UN1263...........  I..........  3..............  367, T11, TP1,      150............  201............  243............  1 L............  30 L...........  E..............
                material                                                                         TP8, TP27.
                including paint
                thinning, drying,
                removing, or
                reducing compound.
                                            3  UN1263...........  II.........  3..............  149, 367, 383,      150............  173............  242............  5 L............  60 L...........  B..............
                                                                                                 B52, B131, IB2,
                                                                                                 T4, TP1, TP8,
                                                                                                 TP28.
                                                                  III........  3..............  367, B1, B52,       150............  173............  242............  60 L...........  220 L..........  A..............
                                                                                                 B131, IB3, T2,
                                                                                                 TP1, TP29.
 
                                                                                                              * * * * * * *
               Petroleum gases,           2.1  UN1075...........  ...........  2.1............  T50, N95..........  306............  304............  314, 315.......  Forbidden......  150 kg.........  E..............  40
                liquefied or
                Liquefied
                petroleum gas.
 
                                                                                                              * * * * * * *
               Potassium.........         4.3  UN2257...........  I..........  4.3............  A7, A19, A20, B27,  151............  211............  244............  Forbidden......  15 kg..........  D..............  52
                                                                                                 IB4, IP1, N6,
                                                                                                 N34, T9, TP7,
                                                                                                 TP33.

[[Page 3668]]

 
 
                                                                                                              * * * * * * *
               Printing ink,                3  UN1210...........  I..........  3..............  367, T11, TP1, TP8  150............  201............  243............  1 L............  30 L...........  E..............
                flammable or
                Printing ink
                related material
                (including
                printing ink
                thinning or
                reducing
                compound),
                flammable.
                                                                  II.........  3..............  149, 367, 383,      150............  173............  242............  5 L............  60 L...........  B..............
                                                                                                 IB2, T4, TP1, TP8.
                                                                  III........  3..............  367, B1, IB3, T2,   150............  173............  242............  60 L...........  220 L..........  A..............
                                                                                                 TP1.
 
                                                                                                              * * * * * * *
               Propane, see also          2.1  UN1978...........  ...........  2.1............  19, T50, N95......  306............  304............  314, 315.......  Forbidden......  150 kg.........  E..............  40
                Petroleum gases,
                liquefied.
 
                                                                                                              * * * * * * *
               Resin Solution,              3  UN1866...........  I..........  3..............  B52, T11, TP1,      150............  201............  243............  1 L............  30 L...........  E..............
                flammable.                                                                       TP8, TP28.
                                                                  II.........  3..............  149, 383, B52,      150............  173............  242............  5 L............  60 L...........  B..............  ..............
                                                                                                 IB2, T4, TP1, TP8.
                                                                  III........  3..............  B1, B52, IB3, T2,   150............  173............  242............  60 L...........  220 L..........  A..............  ..............
                                                                                                 TP1.
 
                                                                                                              * * * * * * *
G............  Self-heating               4.2  UN3088...........  II.........  4.2............  IB6, IP2, T3, TP33  None...........  212............  241............  15 kg..........  50 kg..........  C..............
                solid, organic,
                n.o.s.
                                                                  III........  4.2............  B116, B130, IB8,    None...........  213............  241............  25 kg..........  100 kg.........  C..............
                                                                                                 IP3, TP33.
 
                                                                                                              * * * * * * *
               Signal devices,           1.4G  UN0191...........  II.........  1.4G...........  381...............  None...........  62.............  None...........  Forbidden......  75 kg..........  02.............  25
                hand.
               Signal devices,           1.4S  UN0373...........  II.........  1.4S...........  381...............  None...........  62.............  None...........  25 kg..........  100 kg.........  01.............  25
                hand.
 
                                                                                                              * * * * * * *
               Signals, railway          1.4S  UN0193...........  II.........  1.4S...........  381...............  None...........  62.............  None...........  25 kg..........  100 kg.........  01.............  25
                track, explosive.
 
                                                                                                              * * * * * * *
               Sodium............         4.3  UN1428...........  I..........  4.3............  A7, A8, A19, A20,   151............  211............  244............  Forbidden......  15 kg..........  D..............  52
                                                                                                 B9, B48, B68,
                                                                                                 IB4, IP1, N34,
                                                                                                 T9, TP7, TP33,
                                                                                                 TP46.
 
                                                                                                              * * * * * * *
               Sulfuric acid with           8  UN2796...........  II.........  8..............  386, A3, A7, B2,    154............  202............  242............  1 L............  30 L...........  B..............
                not more than 51%                                                                B15, IB2, N6,
                acid.                                                                            N34, T8, TP2.
 
                                                                                                              * * * * * * *
D............  Toy caps..........        1.4S  NA0337...........  II.........  1.4S...........  382...............  None...........  62.............  None...........  25 kg..........  100 kg.........  01.............  25
 

[[Page 3669]]

 
                                                                                                              * * * * * * *
               Trinitroresorcinol        1.1D  UN0394...........  II.........  1.1D...........  385...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............  25, 5E
                , wetted or
                Styphnic acid,
                wetted with not
                less than 20
                percent water, or
                mixture of
                alcohol and water
                by mass.
 
                                                                                                              * * * * * * *
G............  Water-reactive             4.3  UN2813...........  I..........  4.3............  IB4, N40, T9, TP7,  None...........  211............  242............  Forbidden......  15 kg..........  E..............  40
                solid, n.o.s.                                                                    TP33.
                                                                  II.........  4.3............  B132, IB7, IP2,     151............  212............  242............  15 kg..........  50 kg..........  E..............  40
                                                                                                 T3, TP33.
                                                                  III........  4.3............  B132, IB8, IP4,     151............  213............  241............  25 kg..........  100 kg.........  E..............  40
                                                                                                 T1, TP33.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 3670]]

* * * * *

0
7. In Sec.  172.102:
0
a. In paragraph (c)(1), special provisions 380, 381, 382, 383, 384, 
385, and 386 are added in numerical sequence.
0
b. In paragraph (c)(3), special provisions B130, B131, B132, and B133 
are added in numerical sequence.
0
c. In paragraph (c)(5), special provision N95 is added in numerical 
sequence.
    The additions are to read as follows:


Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *
    380 For transportation by private carrier in a motor carrier only, 
this material is not subject to the segregation requirements of Sec.  
177.848(d) of this subchapter under the following conditions:
    a. The material is packaged in a DOT Specification 4BW240 cylinder, 
or in a DOT-51 portable tank.
    b. The material may only be loaded with Class 3, Class 8, and 
Division 4.1 materials in Packing Group II or III.
    c. The motor carrier must maintain a satisfactory safety rating as 
prescribed in 49 CFR part 385.
    381 For railroad flagging kits, see Sec.  173.184 (c) of this 
subchapter.
    382 Packages containing toy plastic or paper caps for toy pistols 
described as ``UN0349, Articles, explosive, n.o.s. (Toy caps), 1.4S'' 
or ``NA0337, Toy caps, 1.4S'' are not subject to the subpart E 
(labeling) requirements of this part when offered for transportation by 
motor vehicle, rail freight, cargo vessel, and cargo aircraft and, 
notwithstanding the packing method assigned in Sec.  173.62 of this 
subchapter, in conformance with the following conditions:
    a. The toy plastic or paper caps must be in the form of sheets, 
strips, rolls, or individual caps;
    b. The caps must not contain more than an average of twenty-five 
hundredths of a grain of explosive composition per cap;
    c. The caps must be packed inside packagings constructed of 
cardboard not less than 0.013-inch in thickness, metal not less than 
0.008-inch in thickness, non-combustible plastic not less than 0.015-
inch in thickness, or a composite blister package consisting of 
cardboard not less than 0.013-inch in thickness and non-combustible 
plastic not less than 0.005-inch in thickness that completely encloses 
the caps;
    d. The minimum dimensions of each side and each end of the 
cardboard packaging must be 1/8th inch in height or more;
    e. The number of caps inside each packaging must be limited so that 
not more than 10 grains of explosives composition may be packed into 
one cubic inch of space, and not more than 17.5 grains of the explosive 
composition of toy caps may be packed in any inner packaging;
    f. Inner packagings must be packed in outer packagings meeting PG 
II performance criteria;
    g. Toy caps may be packed with non-explosive or non-flammable 
articles provided the outer packagings are marked as prescribed in this 
paragraph;
    h. Toy paper caps of any kind must not be packed in the same 
packaging with fireworks;
    i. The outside of each package must be plainly marked ``ARTICLES, 
EXPLOSIVES, N.O.S. (TOY CAPS)--HANDLE CAREFULLY'' OR ``TOY CAPS--HANDLE 
CAREFULLY''; and
    j. Explosives shipped in conformance with this paragraph must have 
been examined in accordance with Sec.  173.56 of this subchapter and 
approved by the Associate Administrator.
    383 For transportation by motor vehicle, substances meeting the 
conditions for high viscosity flammable liquids as prescribed in Sec.  
173.121(b)(1)(i), (b)(1)(ii), and (b)(1)(iv) of this subchapter, may be 
reassigned to Packing Group III under the following conditions:
    a. Packaging must be UN standard metal drums attached with heavy 
duty steel strapping to a pallet; and
    b. The capacity of each drum must not exceed 220 L (58 gallons).
    384 For green graphite electrodes and shapes that are large single 
component solid objects not subject to shifting, transport in open rail 
flat cars, open bed motor vehicles, and intermodal containers is also 
authorized. The objects must be secured to the flat car, motor vehicle, 
intermodal container, or unitized by steel banding to wooden runners or 
pallets and the units secured to the flat car, motor vehicle, or 
freight container to prevent shifting and movement, including relative 
motion between the objects, under conditions normally incident to 
transportation. Stacking is permitted two or more levels high to 
achieve maximum allowable utilization of the designated vehicle, rail 
car weight, or intermodal freight container weight or vessel hold 
volume.
    385 Notwithstanding the provisions of Sec.  177.834(l) of this 
subchapter, cargo heaters may be used when weather conditions are such 
that the freezing of a wetted explosive material is likely. Shipments 
must be made by private, leased or contract carrier vehicles under 
exclusive use of the offeror. Cargo heaters must be reverse 
refrigeration (heat pump) units. Shipments made in accordance with this 
Special provision are excepted from the requirements of Sec.  
173.60(b)(4) of this subchapter.
    386 When transported by private motor carrier only, the following 
corrosive liquids may be packaged in polyethylene bottles with a 
capacity no greater than 3.785L (one gallon), further packed inside an 
open-top, heavy wall, high density polyethylene box (i.e., crate) in a 
manner that the polyethylene bottles are not subjected to any 
superimposed weight, and the boxes must be reasonably secured against 
movement within the transport vehicle and loaded so as to minimize the 
possibility of coming in contact with other lading:

Compounds, cleaning liquid, NA1760, PG II or III;
Corrosive liquid, acidic, inorganic, n.o.s., UN3264, PG II;
Corrosive liquid, acidic, organic, n.o.s., UN 3265, PG III;
Corrosive liquid, basic, inorganic, n.o.s., UN3266, PG II;
Hypochlorite solutions, UN1791, PG III;
Hydrochloric acid solution, UN 1789, PG II; and
Sulfuric acid, UN2796, PG II.

    a. No more than four bottles, securely closed with threaded caps, 
may be packed in each box.
    b. Each empty bottle must have a minimum weight of not less than 
140 grams and a minimum wall thickness of not less than 0.020 inch 
(0.508 mm).
    c. The completed package must meet the Packing Group II performance 
level, as applicable for combination packagings with a plastic box 
outer packaging, in accordance with subpart M of part 178 of this 
subchapter.
    (i) Tests must be performed on each type and size of bottle, for 
each manufacturing location. Samples taken at random must withstand the 
prescribed tests without breakage or leakage.
    (ii) One bottle for every two hours of production, or for every 
2500 bottles produced, must be tested by dropping a bottle filled to 
98% capacity with water from a height of 1.2 meters (3.9 feet) onto 
solid concrete directly on the closure.
    (iii) A copy of the test results must be kept on file at each 
facility where packagings are offered for transportation, and must be 
made available to a representative of the Department upon request.
    (iv) The name or symbol of the bottle producer, and the month and 
year of manufacture, must be marked by

[[Page 3671]]

embossing, ink-jet printing of permanent ink, or other permanent means 
on the face or bottom of each bottle, in letters and numbers at least 6 
mm (0.2 inch) high. Symbols, if used, must be registered with the 
Associate Administrator.
    (v) The box must be constructed from high-density polyethylene in 
the density range 0.950-0.962, and be capable of holding liquid when in 
the upright position.
* * * * *
    (3) * * *
    B130 When transported by motor vehicle, used diatomaceous earth 
filter material is not subject to any other requirements of this 
subchapter except for the shipping paper requirements of subpart C of 
part 172 of this subchapter; emergency response information as required 
by Sec.  172.602(a)(2) through (a)(7) of this subchapter; and the 
marking requirements of Sec.  172.302 of this subchapter, if the 
following requirements are met:
    a. Packagings are non-DOT specification sift-proof motor vehicles 
or sift-proof roll-on/roll-off bulk bins, which are covered by a 
tarpaulin or other equivalent means.
    b. The temperature of the material at the time it is offered for 
transport and during transportation may not exceed 55 [deg]C (130 
[deg]F).
    c. The time between offering the material for transportation at the 
point of origin, and unloading the material at the destination does not 
exceed 48 hours.
    d. In addition to the training requirements prescribed in 
Sec. Sec.  172.700 through 172.704, each driver must be trained 
regarding the properties and hazards of diatomaceous earth filter 
material, precautions to ensure safe transport of the material, and 
actions to be taken in the event of an emergency during transportation, 
or a substantial delay in transit.
    B131 When transported by highway, rail, or cargo vessel, waste 
Paint and Paint related material (UN1263; PG II and PG III), when in 
plastic or metal inner packagings of not more than 26.5 L (7 gallons), 
are excepted from the marking requirements in Sec.  172.301(a) and (c) 
and the labeling requirements in Sec.  172.400(a), when further packed 
in the following specification and non-specification bulk outer 
packagings and under the following conditions:
    a. Primary receptacles must conform to the general packaging 
requirements of subpart B of part 173 of this subchapter and may not 
leak. If they do leak, they must be overpacked in packagings conforming 
to the specification requirements of part 178 of this subchapter or in 
salvage packagings conforming to the requirements in Sec.  173.12 of 
this subchapter.
    b. Primary receptacles must be further packed in non-specification 
bulk outer packagings such as cubic yard boxes, plastic rigid-wall bulk 
containers, dump trailers, and roll-off containers. Bulk outer 
packagings must be liquid tight through design or by the use of lining 
materials.
    c. Primary receptacles may also be further packed in specification 
bulk outer packagings. Authorized specification bulk outer packagings 
are UN11G fiberboard intermediate bulk containers (IBC) and UN13H4 
woven plastic, coated and with liner flexible intermediate bulk 
containers (FIBCs) meeting the Packing Group II performance level and 
lined with a plastic liner of at least 6 mil thickness.
    d. All inner packagings placed inside bulk outer packagings must be 
blocked and braced to prevent movement during transportation that could 
cause the container to open or fall over. Specification IBCs and FIBCs 
are to be secured to a pallet.
    B132 Except for transportation by aircraft, UN2813, Water reactive 
solid, n.o.s. (contains magnesium, magnesium nitrides) in PG II or III 
may be packaged in sift-proof bulk packagings that prevent liquid from 
reaching the hazardous material with sufficient venting to preclude 
dangerous accumulation of flammable, corrosive or toxic gaseous 
emissions such as methane, hydrogen and ammonia.
    B133 Hydrochloric acid concentration not exceeding 38%, in Packing 
Group II, is authorized to be packaged in UN31H1 or UN31HH1 
intermediate bulk containers when loaded in accordance with the 
requirements of Sec.  173.35(h) of this subchapter.
    (5) * * *
* * * * *
    N95 UN1075, Liquefied petroleum gas and UN1978, Propane authorized 
for transport in DOT 4BA240 cylinders is not subject to the UN 
identification number and proper shipping name marking or the label 
requirements of this part subject to the following conditions:
    a. The cylinder must be transported in a closed motor vehicle 
displaying FLAMMABLE GAS placards in accordance with subpart F of part 
172 of this subchapter.
    b. Shipping papers at all times must reflect a correct current 
accounting of all cylinders both full and expended.
    c. The cylinders are collected and transported by a private or a 
contract carrier for reconditioning, reuse or disposal.
* * * * *

0
8. In 172.202, paragraph (c) is revised to read as follows:


Sec.  172.202  Description of hazardous material on shipping papers.

* * * * *
    (c)(1) The total quantity of the material covered by one 
description must appear before or after, or both before and after, the 
description required and authorized by this subpart. The type of 
packaging and destination marks may be entered in any appropriate 
manner before or after the basic description. Abbreviations may be used 
to express units of measurement and types of packagings.
    (2) Hazardous materials and hazardous substances transported by 
highway considered ``household wastes'' as defined in 40 CFR 261.4, and 
not subject to the Environmental Protection Agency's hazardous waste 
regulations in 40 CFR parts 262 and 263, are excepted from the 
requirements of this paragraph.
* * * * *

0
9. In 172.315 paragraph (a)(3) is added to read as follows:


Sec.  172.315  Limited quantities.

    (a) * * *
    (3) Except for Class 1 and 7, and Division 6.1 and 6.2 materials, 
for highway transportation by private motor carrier, the limited 
quantity marking is not required to be displayed on a package 
containing materials assigned to Packing Group II and III prepared in 
accordance with the limited quantity requirements in subpart B of part 
173 of this subchapter provided:
    (i) Inner packagings for liquid hazardous materials do not exceed 
1.0 L (0.3 gallons) net capacity each;
    (ii) Inner packagings for solid hazardous materials do not exceed 
1.0 kg (2.2 pounds) net capacity each;
    (iii) No more than 2 L (0.6 gallons) or 2 kg (4.4 pounds) aggregate 
net quantity of any one hazardous material is transported per vehicle;
    (iv) The total gross weight of all the limited quantity packages 
per vehicle does not exceed 60 kg (132 pounds); and
    (v) Each package is marked with the name and address of the 
offeror, a 24-hour emergency response telephone number and the 
statement ``Contains Chemicals'' in letters at least 25 mm (one-inch) 
high on a contrasting background.
* * * * *

0
10. In Sec.  172.400a, paragraph (a)(1) is revised and paragraph (a)(8) 
is added to read as follows:

[[Page 3672]]

Sec.  172.400a  Exceptions from labeling.

    (a) * * *
    (1) A Dewar flask meeting the requirements in Sec.  173.320 of this 
subchapter or a cylinder containing a Division 2.1, 2.2, or 2.3 
material that is durably and legibly marked in accordance with CGA C-7, 
Appendix A (IBR; see Sec.  171.7 of this subchapter). Notwithstanding 
this exception, overpacks must be labeled (see Sec.  173.25 of this 
subchapter).
* * * * *
    (8) Packages containing toy plastic or paper caps for toy pistols 
described as ``UN0349, Articles, explosive, n.o.s. (Toy caps), 1.4S'' 
or ``NA0337, Toy caps, 1.4S'' when offered in conformance with the 
conditions of Sec.  172.102(c)(1), Special provision 382.
* * * * *

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

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

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and 
1.97.


0
12. In Sec.  173.12, add paragraph (h) to read as follows:


Sec.  173.12  Exceptions for shipment of waste materials.

* * * * *
    (h) Shrink-wrapped or stretch-wrapped pallets of limited quantity 
waste. Shrink-wrapped or stretch-wrapped pallets containing packages of 
waste ORM-D or limited quantity materials may be transported by motor 
vehicle and cargo vessel under the following conditions:
    (1) The waste materials must be in their original undamaged 
packaging and marked with the ``Consumer Commodity ORM-D'' marking in 
conformance with Sec.  172.316 or an authorized limited quantity 
marking in conformance with Sec.  172.315 of this subchapter, as 
appropriate. The word ``waste'' in association with the proper shipping 
name is not required on individual packages;
    (2) Packages must be securely affixed to a pallet and shrink-
wrapped or stretch-wrapped;
    (3) The outside of the shrink-wrap or stretch-wrap must be marked 
on opposite sides with either ``Waste, Consumer Commodity, ORM-D'' or 
``Waste, Limited Quantity.''

0
13. In Sec.  173.29, paragraph (f) is added to read as follows:


Sec.  173.29  Empty packagings.

* * * * *
    (f) Smokeless powder residue when transported by motor vehicle or 
container/trailer in container-on-flatcar (COFC) or trailer-on-flatcar 
(TOFC) service is excepted from subpart C (shipping papers) and the 
subpart F (placarding) requirements of part 172 of this subchapter when 
transported in conformance with the following:
    (1) The outer packaging must be:
    (i) A UN specification 1G fiber drum or 1A2 steel drum; or
    (ii) A UN specification 4G fiberboard box or non-specification 
fiberboard box containing plastic receptacle inner packagings with not 
more than 2.5 grams of smokeless powders in each inner packaging;
    (2) The amount of smokeless powder per outer packaging does not 
exceed 5 grams;
    (3) The smokeless powder is approved in accordance with Sec.  
173.56 as a Class 1 explosive material;
    (4) The empty packages must be transported in a closed transport 
vehicle;
    (5) The empty packages must be loaded by the shipper and unloaded 
by the shipper or consignee; and
    (6) The hazardous materials description to be used for the material 
is ``RESIDUE: Last Contained Powder, smokeless, Hazard Class N/A, 
Identification Number N/A, Packing Group N/A''.
* * * * *

0
14. In Sec.  173.40, revise paragraph (d)(1)(ii) to read as follows:


Sec.  173.40  General packaging requirements for toxic materials 
packaged in cylinders.

* * * * *
    (d) * * *
    (1) * * *
    (ii) Each cylinder with a valve must be equipped with a protective 
metal or plastic cap, other valve protection device, or an overpack 
which is sufficient to protect the valve from breakage or leakage 
resulting from a drop of 2.0 m (7 ft) onto a non-yielding surface, such 
as concrete or steel. Impact must be at an orientation most likely to 
cause damage.
* * * * *

0
15. In Sec.  173.62, Packing Instruction 139 in the paragraph (c)(5) 
Table of Packing Methods is revised to read as follows:


Sec.  173.62  Specific packaging requirements for explosives.

* * * * *
    (c) * * *
    (5) * * *

                                            Table of Packing Methods
----------------------------------------------------------------------------------------------------------------
         Packing instruction               Inner packagings     Intermediate packagings      Outer packagings
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
139..................................  Bags...................  Not necessary..........  Boxes.
PARTICULAR PACKING REQUIREMENTS OR
 EXCEPTIONS:
    1. For UN0065, 0102, 0104, 0289
     and 0290, the ends of the
     detonating cord must be sealed,
     for example, by a plug firmly
     fixed so that the explosive
     cannot escape. The ends of CORD
     DETONATING flexible must be
     fastened securely.
    2. For UN0065, 0104, 0289, 0290
     the ends of the detonating cord
     are not required to be sealed
     provided the inner packaging
     containing the detonating cord
     consists of a static-resistant
     plastic bag of at least 3 mil
     thickness and the bag is
     securely closed.
    3. For UN0065 and UN0289, inner
     packagings are not required when
     they are fastened securely in
     coils.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 3673]]

* * * * *

0
16. In Sec.  173.150, add paragraph (h) to read as follows:


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

* * * * *
    (h) Diesel fuel (NA1993) and Gasoline (UN1203) may be transported 
one way, by motor vehicle, directly from the loading location to an 
equipment repair facility, in a non-DOT specification, non-bulk 
packaging, known as a gasoline dispenser, that has been removed from 
service at a fueling station under the following conditions:
    (1) Prior to loading, each dispenser must be prepared for 
transportation by capping or plugging all product inlet and outlet 
piping, so that no fluid may be released during transportation;
    (2) No dispenser may contain more than 2 gallons of gasoline; and
    (3) Each dispenser must be blocked, braced or strapped to the motor 
vehicle in accordance with the requirements of this subchapter to 
prevent shifting during transportation.

0
17. In Sec.  173.151, paragraph (e) is added to read as follows:


Sec.  173.151  Exceptions for Class 4.

* * * * *
    (e) For transportation by motor vehicle only, Lithium (UN1415), 
Potassium (UN2257), and Sodium (UN1428) with a net quantity of material 
per inner packaging not exceeding 25 grams, are excepted from the 
labeling requirements of part 172, subpart E and the placarding 
requirements of part 172, subpart F of this subchapter, when offered 
for transportation in the following packagings under the following 
conditions:
    (1) Packaging. (i) The hazardous material is placed in a tightly 
closed plastic bottle after being submerged in mineral oil;
    (ii) The plastic bottle is placed inside a plastic bag that is 
securely closed to prevent leaks or punctures;
    (iii) The bagged bottle is then be placed inside a metal can with 
all void spaces filled with an oil-absorbing material and sealed tight; 
and
    (iv) The can is then placed into a heat sealed barrier bag.
    (2) Marking. Each inner plastic bottle, outer metal can, and 
barrier bag must be marked with: Chemical name; quantity; and the name 
and address of the offeror. Each outer packaging must be marked with 
the proper shipping name and identification number in conformance with 
Sec.  172.301. Additionally, each outer packaging must be marked, ``FOR 
TRANSPORT BY MOTOR VEHICLE ONLY.''
    (3) Recordkeeping. (i) Records of the preparation, packaging, and 
marking of each chemical must be documented and all components in each 
package must be noted; and
    (ii) Records must be retained for a minimum of 5 years and be 
accessible at or through the shipper's principal place of business and 
be made available, upon request, to the Associate Administrator or 
designated official.

0
18. In Sec.  173.156, paragraphs (c) and (d) are added to read as 
follows:


Sec.  173.156  Exceptions for limited quantity and ORM.

* * * * *
    (c) Display packs. Display packs, as defined in Sec.  171.8 of this 
subchapter, of consumer commodity or limited quantity packages that 
exceed 30 kg gross weight limitation may be transported by container/
trailer in trailer-on-flatcar (TOFC) or container-on-flat-car (COFC) 
service, roadrailer and/or railrunner trailers, motor vehicle, or cargo 
vessel under the following conditions:
    (1) Packaging. Combination packages must conform to the 
requirements of Subpart B of this part and meet the following, as 
appropriate:
    (i) Primary containers must conform to the quantity limits for 
inner packagings prescribed in Sec. Sec.  173.150(b), 173.152(b), 
173.154(b), 173.155(b) and 173.306(a) and (b), as appropriate;
    (ii) Primary containers must be packed into trays that secure 
individual containers from shifting inside the completed combination 
package during transportation;
    (iii) Tray(s) must be placed into a fiberboard box, and the 
fiberboard box must be banded and secured to a pallet by metal, fabric, 
or plastic straps to form a single palletized unit; and
    (iv) The maximum net quantity of hazardous material permitted in 
one palletized unit is 550 kg (1,210 lbs.).
    (2) Marking. The outside of each package must be plainly and 
durably marked in accordance with one of the following, as appropriate:
    (i) As a consumer commodity as prescribed in Sec.  172.316 of this 
subchapter; or
    (ii) As a limited quantity as prescribed in Sec.  172.315 of this 
subchapter.
    (d) Exceptions for waste limited quantities and ORM-D materials. 
Exceptions for certain waste limited quantity and ORM-D materials are 
prescribed in Sec.  173.12(h).

0
19. In Sec.  173.158, paragraphs (i) and (j) are added to read as 
follows:


Sec.  173.158  Nitric acid.

* * * * *
    (i) Nitric acid solutions of concentrations up to 40%, nitric acid 
by weight when offered for transportation or transported by rail, 
highway, or cargo vessel, may be packaged in a UN1H1 non-removable head 
plastic drum, tested and marked at the PG II performance level for 
liquids with a specific gravity of at least 1.8, and a hydrostatic test 
pressure appropriate for the hazardous material.
    (1) Each drum may only be used one time and must be destroyed after 
emptying.
    (2) Each drum must be permanently and legibly marked ``Single Trip 
Only'' and ``Must be Destroyed When Empty.''
    (j) Nitric acid solutions, other than red fuming, with more than 
70% nitric acid and Nitric acid solutions, other than red fuming, with 
not more than 70% nitric acid, when offered for transportation or 
transported by rail, highway, cargo vessel, or cargo-only aircraft may 
be packaged in a UN 4G outer fiberboard box meeting the Packing Group I 
or II performance level, as appropriate, subject to the following 
conditions:
    (1) Inner packaging: A plastic (``fluorinated ethylene-propylene'' 
[FEP] polymers, ``perfluoroalkoxy'' [PFA] polymers or similar 
materials) bottle with lined screw closure meeting the compatibility 
requirements of Sec.  173.24(e) of this section and having a net 
capacity not greater than 2.5 liters (0.66 gallon) each. For cargo-only 
aircraft, the inner packaging for PG I material may not exceed 1 L (0.3 
gal) capacity. The wall thickness of the bottle must not be less than 
0.020''.
    (2) Intermediate packaging: (i) A tightly closed rigid-foam plastic 
receptacle each containing one inner packaging; or
    (ii) A plastic bag containing one inner packaging and placed inside 
a heavy-wall polypropylene bag lined with polypropylene absorbent 
material of sufficient capacity to completely absorb the liquid 
contents of each inner package. Both bags must be tightly sealed with 
either plastic tape, a wire tie or a cable tie.

0
20. In Sec.  173.159:
0
a. The paragraph (e) introductory text is revised.
0
b. Paragraph (h) is revised.
0
c. Paragraph (j) is added.
    The revisions and additions read as follows:


Sec.  173.159  Batteries, wet.

* * * * *
    (e) When transported by highway or rail, electric storage batteries 
containing electrolyte, acid, or alkaline corrosive battery fluid and 
electric storage batteries packed with electrolyte, acid,

[[Page 3674]]

or alkaline corrosive battery fluid, are not subject to any other 
requirements of this subchapter, if all of the following are met:
* * * * *
    (h)(1) Dry batteries or battery charger devices may be packaged in 
4G fiberboard boxes with inner receptacles containing battery fluid. 
Completed packages must conform to the Packing Group III performance 
level. Not more than 12 inner receptacles may be packed in one outer 
box. The maximum authorized gross weight for the completed package is 
34 kg (75 pounds).
    (2) Battery fluid, acid (UN2796) may be packaged in a UN6HG2 
composite packaging further packed in a UN4G fiberboard box with a dry 
storage battery. The UN6HG2 composite packaging may not exceed 8.0 
liters in capacity. Completed packages must conform to the Packing 
Group III performance level. The maximum authorized gross weight for 
the completed package is 37.0 kg (82.0 lbs).
* * * * *
    (j) Nickel cadmium batteries containing liquid potassium hydroxide 
solution. Nickel-cadmium batteries that contain no more than 10 ml of 
liquid potassium hydroxide solution (UN1814) in each battery are not 
subject to the requirements of this subchapter under the following 
conditions:
    (1) Each battery must be sealed in a heat sealed bag, packaged to 
prevent short circuits, and placed in the center of an outer packaging 
surrounded with a foam-in-place packaging material;
    (2) The completed package must meet the Packing Group II 
performance level;
    (3) The gross weight of the package may not exceed 15.2 kg (33.4 
pounds); and
    (4) The cumulative amount of potassium hydroxide solution in all of 
the batteries in each package may not exceed 4 ounces (0.11 kg).

0
21. In Sec.  173.168, add paragraph (g) to read as follows:


Sec.  173.168  Chemical oxygen generators.

* * * * *
    (g) Exceptions. An unapproved chemical oxygen generator with only 
one positive means of preventing unintentional actuation of the 
generator, and without the required approval number marked on the 
outside of the package, may be transported by motor vehicle, railcar, 
and cargo vessel only under the following conditions:
    (1) Packaging. (i) The one positive means of preventing 
unintentional actuation of the generator shall be installed in such a 
manner that the percussion primer is so completely protected from its 
firing pin that it cannot be physically actuated or the electric firing 
circuit is so completely isolated from the electric match that it 
cannot be electrically actuated.
    (ii) Inner packaging. Except as provided in paragraph (g)(1)(iii) 
of this section below, an unapproved chemical oxygen generator, or 
unapproved chemical oxygen generator installed in smaller size 
equipment such as a PBE shall be packaged in a combination packaging 
consisting of a non-combustible inner packaging that fully encloses the 
chemical oxygen generator or piece of equipment inside an outer 
packaging which meets the requirements in paragraph (d)(1) of this 
section.
    (iii) Impractical size packaging. If the piece of equipment in 
which the unapproved chemical oxygen generator is installed is so large 
(e.g., an aircraft seat) as to not be practically able to be fully 
enclosed in the packaging prescribed in paragraph (g)(1)(ii) of this 
section, then a visible and durable warning tag must be securely 
attached to the piece of equipment stating ``THIS ITEM CONTAINS A 
CHEMICAL OXYGEN GENERATOR.''
    (2) Testing. Each unapproved chemical oxygen generator, without its 
packaging, must be capable of withstanding a 1.8 meter drop onto a 
rigid, non-resilient, flat and horizontal surface, in the position most 
likely to cause damage, with no actuation or loss of contents.
    (3) Marking. (i) If the unapproved chemical oxygen generator is 
inside a piece of equipment which is sealed or difficult to determine 
if an oxygen generator is present, for example--a closed sealed 
passenger service unit, then a visible and durable warning sign must be 
attached to the piece of equipment stating: ``THIS ITEM CONTAINS A 
CHEMICAL OXYGEN GENERATOR''; and
    (ii) Each outer package, and overpack if used, must be visibly and 
durably marked with the following statement: ``THIS PACKAGE IS NOT 
AUTHORIZED FOR TRANSPORTATION ABOARD AIRCRAFT''.

0
22. In Sec.  173.181, revise paragraph (a) and add paragraph (d) to 
read as follows:


Sec.  173.181  Pyrophoric materials (liquids).

* * * * *
    (a) Authorized cylinders. (1) A specification steel or nickel 
cylinder prescribed for any compressed gas, except acetylene, having a 
minimum design pressure of 1206 kPa (175 psig).
    (2) DOT 3AL cylinders constructed of aluminum alloy 6061-T6 with a 
minimum marked service pressure of 1,800 psig and a maximum water 
capacity of 49 liters (13 gal) may be used for the transportation of 
inorganic pyrophoric liquids (UN3194). Any preheating or heating of the 
DOT 3AL cylinder must be limited to a maximum temperature of 79.4 
[deg]C (175[emsp14][deg]F).
    (3) Cylinders authorized under paragraphs (a)(1) and (a)(2) of this 
section equipped with valves must be:
    (i) Equipped with steel valve protection caps or collars; or
    (ii) Overpacked in a wooden box (4C1, 4C2, 4D or 4F); fiberboard 
box (4G), or plastic box (4H1 or 4H2). Cylinders must be secured to 
prevent shifting in the box and, when offered for transportation or 
transported, must be so loaded that pressure relief devices remain in 
the vapor space of the cylinder. (See Sec.  177.838(h) of this 
subchapter.)
* * * * *
    (d) Combination packagings consisting of the following:
    (1) Inner packaging. A 10 liter or 20 liter UN1A1 drum which has 
been certified to PG I of subpart M of part 178 of this subchapter. 
Each inner drum must--
    (i) Have minimum wall thickness of 1.9 mm;
    (ii) Have 4 NPT or VCR openings, each with a diameter of 6.3 mm;
    (iii) Be fabricated from stainless steel; and
    (iv) On the upper head, be fitted with a center opening with a 
maximum diameter of 68.3 mm and the opening sealed with a threaded 
closure fabricated from 316 stainless steel. No more than two (2) inner 
drums may be placed inside the outer drum.
    (2) Outer packaging. A UN1A2 drum that has been certified to the PG 
I performance level of subpart M of part 178 of this subchapter and a 
capacity not to exceed 208 L (55 gal). The drum must have a minimum 
wall thickness of 1.0 mm and the top head must be closed with a steel 
closing ring with a minimum thickness of 2.4 mm. No more than two (2) 
inner drums described in paragraph (d)(1) of this section may be placed 
inside the outer drum.

0
23. In Sec.  173.184, add paragraph (c) to read as follows:


Sec.  173.184  Highway or rail fusees.

* * * * *
    (c) For transportation by highway, railroad flagging kits are not 
subject any other requirements of this subchapter when all of the 
following conditions are met:

[[Page 3675]]

    (1) The flagging kits may only contain fusees and railroad 
torpedoes as follows:
    (i) Fusee (rail or highway) (NA1325, Division 4.1, PG II).
    (ii) Articles, pyrotechnic (UN0431, Division 1.4G, PG II).
    (iii) Signal devices, hand (UN0373, Division 1.4S, PG II).
    (iv) Signal devices, hand (UN0191, Division 1.4G, PG II).
    (v) Signals, railway track, explosive (UN0193, Division 1.4S, PG 
II).
    (2) Fusees and railroad torpedoes must be transported in 
compartmented metal containers. Each compartment must have a cover with 
a latching device. Compartments for railroad torpedoes must be equipped 
with a spring-loaded positive locking device. Each compartment may only 
contain one type of device.
    (3) Each flagging kit may contain a maximum of 36 fusees and 36 
railroad torpedoes. No more than six (6) flagging kits may be 
transported at one time on any motor vehicle.
    (4) Flagging kits may only be transported on railroad motor 
vehicles including privately owned motor vehicles under the direct 
control of on-duty railroad employees.
    (5) The fusees and railroad torpedoes must be kept in the closed 
flagging kits whenever they are not being used on the railroad right-
of-way, while the motor vehicle is being driven, or whenever the motor 
vehicle is located on other than railroad property.
    (6) When left in unattended motor vehicles on non-railroad 
property, a flagging kit must be locked inside the motor vehicle, or 
stored in a locked compartment on the motor vehicle.

0
24. In Sec.  173.188, add paragraph (a)(3) to read as follows:


Sec.  173.188  White or yellow phosphorus.

* * * * *
    (a) * * *
    (3)(i) A 115 L (30 gallon) UN1A2 steel drum certified to the PG I 
performance level for solids and the PG I or PG II performance level 
for liquids and dual marked, at a minimum, as a UN1A2/X400/S (for 
solid) and UN1A2 X(or Y)/1.4/150 (for liquids) subject to the following 
conditions:
    (ii) Enough water must be present in each drum to ensure that the 
phosphorous is covered by water at all times during transportation, in 
any orientation of the drum;
    (iii) Drums must be held and observed for a minimum of 24-hours 
before transportation. Any leaking or otherwise unsuitable drums must 
be replaced prior to transportation;
    (iv) Packages must be destroyed and may not be reused;
    (v) The net mass of the material and water, in kilograms, must not 
exceed the mass that would be permitted by calculating the volume of 
the packaging in liters multiplied by the specific gravity indicated on 
the package certification;
    (vi) Transportation is by private or contract motor carrier only; 
and
    (vii) Transportation is authorized from the offeror's location to a 
facility where it must be unloaded by the consignee.
* * * * *

0
25. In Sec.  173.193, revise paragraph (b) to read as follows:


Sec.  173.193  Bromoacetone, methyl bromide, chloropicrin and methyl 
bromide or methyl chloride mixtures, etc.

* * * * *
    (b) Bromoacetone, methyl bromide, chloropicrin and methyl bromide 
mixtures, chloropicrin and methyl chloride mixtures, and chloropicrin 
mixtures charged with non-flammable, non-liquefied compressed gas must 
be packed in Specification 3A, 3AA, 3B, 3C, 3E, 4A, 4B, 4BA, 4BW, or 4C 
cylinders having not over 113 kg (250 pounds) water capacity (nominal) 
except:
    (1) DOT Specification 4BW cylinders containing chloropicrin and 
methyl bromide mixtures may not exceed 453 kg (1000 pounds); and
    (2) The capacity limit of this paragraph does not apply to 
shipments of methyl bromide.
* * * * *

0
26. In Sec.  173.226, add paragraph (f) to read as follows:


Sec.  173.226  Materials poisonous by inhalation, Division 6.1, Packing 
Group I, Hazard Zone A.

* * * * *
    (f) Liquid hazardous materials in Division 6.1, PG I, Hazard Zone 
A, are excepted from the segregation requirements of Sec. Sec.  174.81, 
176.83, and 177.848(d) of this subchapter when packaged as follows:
    (1) Inner packaging system. The inner packaging system must consist 
of three packagings:
    (i) A glass, plastic or metal receptacle, with a capacity of not 
more than 1 liter (1 quart), securely cushioned with a non-reactive, 
absorbent material. The receptacle must have a closure that is held in 
place by any means capable of preventing back-off or loosening of the 
closure by impact or vibration during transportation.
    (ii) The receptacle must be packed within a leak-tight packaging of 
metal, with a capacity of not less than 4 liters (1 gallon); and
    (iii) The metal packaging must be securely cushioned with a 
nonreactive absorbent material and packed in a leak-tight UN 1A2 steel 
drum or UN 1H2 plastic drum, with a capacity of not less than 19 liters 
(5 gallons).
    (2) Outer packaging. The inner packaging system must be placed in a 
UN 1A2 steel drum or UN 1H2 plastic drum, with a capacity of not less 
than 114 liters (30 gallons). The inner packaging system must be 
securely cushioned with a non-reactive, absorbent material. The total 
amount of liquid contained in the outer packaging may not exceed 1 
liter (1 quart).
    (3) Both the inner packaging system and the outer packaging must 
conform to the performance test requirements of subpart M of part 178 
of this subchapter at the PG I performance level. The inner packaging 
system must meet these tests without benefit of the outer packaging.

0
27. In Sec.  173.301, revise paragraphs (f)(1), (f)(2), and (h)(2)(i), 
and add paragraph (f)(7) 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) through (f)(7) and (j) of this section, and Sec.  
171.23(a) 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 Pamphlet S-7 (IBR, see Sec.  171.7 of this 
subchapter). 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).
    (2) A pressure relief device, when installed, must be in 
communication with the vapor space of a cylinder containing a Division 
2.1 (flammable gas) material. This requirement does not apply to DOT 
Specification 39 cylinders of 1.2L (75 cubic inches) or less in volume 
filled with a Liquefied petroleum gas, Methyl acetylene and Propadiene 
mixtures, stabilized, Propylene, Propane or Butane.
* * * * *
    (7) A pressure relief device is not required on a DOT Specification 
3E cylinder measuring up to 50mm (2 inches) in diameter by 305mm (12

[[Page 3676]]

inches) in length for the following specified gases and maximum weight 
limits:
    (i) Carbon Dioxide 0.24L (8 oz.)
    (ii) Ethane 0.12L (4 oz.)
    (iii) Ethylene 0.12L (4 oz.)
    (iv) Hydrogen Chloride, anhydrous 0.24L (8 oz.)
    (v) Monochlorotrifluoromethane 0.35L (12 oz.)
    (vi) Nitrous oxide, 0.24L (8 oz.)
    (vii) Vinyl fluoride, stabilized 0.24L (8 oz.)
* * * * *
    (h) * * *
    (2) * * *
    (i) By equipping the cylinder with securely attached metal or 
plastic caps of sufficient strength to protect valves from damage 
during transportation;
* * * * *

0
28. In Sec.  173.302, revise paragraph (f)(1) to read as follows:


Sec.  173.302  Filling of cylinders with nonliquefied (permanent) 
compressed gases or adsorbed gases.

* * * * *
    (f) * * *
    (1) Only DOT specification 3A, 3AA, 3AL, 3E, 3HT, 39 cylinders, 4E 
(filled to less than 200 psig at 21 [deg]C (70 [deg]F), and UN pressure 
receptacles ISO 9809-1, ISO 9809-2, ISO 9809-3 and ISO 7866 cylinders 
are authorized.
* * * * *

0
29. In Sec.  173.302a:
0
a. Revise paragraphs (a)(1) and (a)(5);
0
b. Add paragraph (a)(6);
0
c. Redesignate paragraphs (c), (d) and (e) as paragraphs (d), (e), and 
(f); and
0
d. Add new paragraph (c).
    The revisions and additions are to read as follows:


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

    (a) * * *
    (1) DOT 3, 3A, 3AA, 3AL, 3B, 3E, 4B, 4BA, 4BW, and 4E cylinders.
* * * * *
    (5) Aluminum cylinders manufactured in conformance with 
specifications DOT 39, 3AL and 4E are authorized for oxygen only under 
the conditions specified in Sec.  173.302(b).
    (6) DOT 4E cylinders- DOT 4E cylinders with a maximum capacity of 
43L (11 gal) must have a minimum rating of 240 psig and be filled to no 
more than 200 psig at 21 [deg]C (70 [deg]F).
* * * * *
    (c) Special filling limits for DOT 3A, 3AX, 3AA, and 3AAX cylinders 
containing Division 2.1 gases. Except for transportation by aircraft, a 
DOT specification 3A, 3AX, 3AA, and 3AAX cylinder may be filled with 
hydrogen and mixtures of hydrogen with helium, argon or nitrogen, to a 
pressure 10% in excess of its marked service pressure subject to the 
following conditions:
    (1) The cylinder must conform to the requirements of paragraph 
(b)(2) and (b)(3) of this section;
    (2) The cylinder was manufactured after December 31, 1945;
    (3) DOT specification 3A and 3AX cylinders are limited to those 
having an intermediate manganese composition.
    (i) Cylinders manufactured with intermediate manganese steel must 
have been normalized, not quench and tempered. Quench and temper 
treatment of intermediate steel is not authorized.
    (ii) Cylinders manufactured with chrome moly steel must have been 
quenched and tempered, not normalized. Use of normalized chrome moly 
steel cylinders is not permitted.
    (4) Cylinders must be equipped with pressure relief devices as 
follows:
    (i) Cylinders less than 1.7 m (65 inches) in length must be 
equipped with fusible metal backed frangible disc devices;
    (ii) Cylinders 1.7 m (65 inches) or greater in length and 24.5 cm 
(9.63 inches) in diameter or larger must be equipped with fusible metal 
backed frangible disc devices or frangible disc devices. Cylinders with 
a diameter of 0.56 m (22 inches) or larger must be equipped with 
frangible disc devices.
* * * * *

0
30. In Sec.  173.304, revise paragraph (d) to read as follows:


Sec.  173.304  Filling of cylinders with liquefied compressed gases.

* * * * *
    (d) Refrigerant and dispersant gases. Nontoxic and nonflammable 
refrigerant or dispersant gases must be offered for transportation in 
cylinders prescribed in Sec.  173.304a of this subchapter, or in DOT 
2P, 2Q, or 2Q1 containers (Sec. Sec.  178.33, 178.33a, and 178.33d-2 of 
this subchapter). DOT 2P, 2Q, and 2Q1 containers must be packed in 
strong outer packagings of such design that protect valves from damage 
or accidental functioning under conditions incident to transportation. 
For DOT 2P and 2Q containers, the pressure inside the containers may 
not exceed 87 psia at 21.1[deg]C (70 [deg]F). For 2Q1 containers, the 
pressure inside the container may not exceed 210 psig at 55 [deg]C (131 
[deg]F). Each completed metal container filled for shipment must be 
heated until its contents reach a minimum temperature of 55 [deg]C (131 
[deg]F) without evidence of leakage, distortion, or other defect. Each 
outer package must be plainly marked ``INSIDE CONTAINERS COMPLY WITH 
PRESCRIBED SPECIFICATIONS''.
* * * * *

0
31. In Sec.  173.304a, in the paragraph (a)(2) table, add three new 
entries each for Carbon dioxide and Nitrous oxide alphabetically and in 
numerical order according to the maximum permitted filling density to 
read as follows:


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

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

------------------------------------------------------------------------
                                                            Packaging
                                                         marked as shown
                                                          in this column
                                                          or of the same
                                                            type with
                                                          higher service
                                                          pressure must
                                   Maximum permitted     be used, except
         Kind of gas           filling density (%) (see   as provided in
                                        Note 1)             Sec.  Sec.
                                                           173.301(l),
                                                           173.301a(e),
                                                          and 180.205(a)
                                                            (see notes
                                                            following
                                                              table)
------------------------------------------------------------------------
 
                              * * * * * * *
Carbon dioxide (see Notes 4,                      70.3   DOT-3A2000, DOT-
 7, and 8).                                               3AA2000, DOT-
                                                          3AX2000, DOT-
                                                          3AAX2000, DOT-
                                                          3T2000.
Carbon dioxide (see Notes 4,                      73.2   DOT-3A2265, DOT-
 7, and 8).                                               3AA2265, DOT-
                                                          3AX2265, DOT-
                                                          3AAX2265, DOT-
                                                          3T2265.
Carbon dioxide (see Notes 4,                      74.5   DOT-3A2400, DOT-
 7, and 8).                                               3AA2400, DOT-
                                                          3AX2400, DOT-
                                                          3AAX2400, DOT-
                                                          3T2400.
 
                              * * * * * * *
Nitrous oxide (see Notes 7,                       70.3   DOT-3A2000, DOT-
 8, and 11).                                              3AA2000, DOT-
                                                          3AX2000, DOT-
                                                          3AAX2000, DOT-
                                                          3T2000.

[[Page 3677]]

 
Nitrous oxide (see Notes 7,                       73.2   DOT-3A2265, DOT-
 8, and 11).                                              3AA2265, DOT-
                                                          3AX2265, DOT-
                                                          3AAX2265, DOT-
                                                          3T2265.
Nitrous oxide ( see Notes 7,                      74.5   DOT-3A2400, DOT-
 8, and 11).                                              3AA2400, DOT-
                                                          3AX2400, DOT-
                                                          3AAX2400, DOT-
                                                          3T2400.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

0
32. In Sec.  173.306:
0
a. Revise paragraphs (a) and (b);
0
b. Add paragraph (e)(2); and
0
c. Revise paragraphs (f) and (k).
0
The revisions and additions read as follows:


Sec.  173.306  Limited quantities of compressed gases.

    (a) Limited quantities of compressed gases for which exceptions are 
permitted as noted by reference to this section in Sec.  172.101 of 
this subchapter are excepted from labeling, except when offered for 
transportation or transported by air, and, unless required as a 
condition of the exception, specification packaging requirements of 
this subchapter when packaged in accordance with the following 
paragraphs. For transportation by aircraft, the package must conform to 
the applicable requirements of Sec.  173.27 and only packages of 
hazardous materials authorized aboard passenger-carrying aircraft may 
be transported as a limited quantity. In addition, shipments are not 
subject to subpart F (Placarding) of part 172 of this subchapter, to 
part 174 of this subchapter except Sec.  174.24, and to part 177 of 
this subchapter except Sec.  177.817. Except as otherwise provided in 
this section, each package may not exceed 30 kg (66 lbs.) gross weight.
    (1) When in containers of not more than 4 fluid ounces capacity 
(7.22 cubic inches or less) except cigarette lighters. Additional 
exceptions for certain compressed gases in limited quantities and the 
ORM-D hazard class are provided in paragraph (i) of this section.
    (2) When in refillable metal containers filled with a material that 
is not classed as a hazardous material to not more than 90% of capacity 
at 21.1 [deg]C (70 [deg]F) and then charged with nonflammable, 
nonliquefied gas. Each container must be tested to three times the 
pressure at 21.1 [deg]C (70 [deg]F) and, when refilled, be retested to 
three times the pressure of the gas at 21.1 [deg]C (70 [deg]F). Also, 
one of the following conditions must be met:
    (i) The container is not over 0.95 L (1 quart) capacity and charged 
to not more than 170 psig (1172.1 kPa) at 21.1 [deg]C (70 [deg]F), and 
must be packed in a strong outer packaging; or
    (ii) The container is not over 114 L (30 gallons) capacity and 
charged to not more than 75 psig (517.1 kPa) at 21.1 [deg]C (70 
[deg]F).
    (3) When in a metal aerosol container (see Sec.  171.8 of this 
subchapter for the definition of aerosol). Authorized containers 
include non-specification, DOT 2P (Sec.  178.33 of this subchapter), 
DOT 2Q (Sec.  178.33a of this subchapter), or DOT 2Q1 (Sec.  178.33(d) 
of this subchapter) design, provided the following conditions are met. 
Additional exceptions for aerosol containers conforming to this 
paragraph (a)(3) are provided in paragraph (i) of this section.
    (i) Capacity. The capacity of the container must not exceed 1 L 
(61.0 cubic inches).
    (ii) General pressure conditions. The authorized metal aerosol 
containers and associated pressure limitations are provided in the 
following table. Pressure inside the container may not exceed 180 psig 
at 54.4 [deg]C (130 [deg]F) except as may be authorized by variations 
of a DOT specification container type. In any event, the metal 
container must be capable of withstanding without bursting a pressure 
of at least one and one-half times the equilibrium pressure of the 
contents at 54.4 [deg]C (130 [deg]F).

                                       Authorized Metal Aerosol Containers
----------------------------------------------------------------------------------------------------------------
If the gauge pressure (psig) at 54.4
    [deg]C (130 [deg]F) is . . .                                 Authorized container
----------------------------------------------------------------------------------------------------------------
140 or less.........................  Non-DOT specification, DOT 2P, DOT 2Q, DOT 2Q1.
Greater than 140 but not exceeding    DOT 2P, DOT 2Q, DOT 2Q1.
 160.
Greater than 160 but not exceeding    DOT 2Q, DOT 2Q1.
 180.
Not to exceed 210...................  DOT 2Q1 (Non-flammable only).
----------------------------------------------------------------------------------------------------------------

    (iii) Liquid fill. The liquid content of the material and gas must 
not completely fill the container at 54.4 [deg]C (130 [deg]F).
    (iv) Outer packaging. The containers must be packed in strong outer 
packagings.
    (v) Pressure testing. Except as otherwise provided in this 
paragraph, each container, after it is filled, must be subjected to a 
test performed in a hot water bath; the temperature of the bath and the 
duration of the test must be such that the internal pressure reaches 
that which would be reached at 55 [deg]C (131 [deg]F), or 50 [deg]C 
(122 [deg]F) if the liquid phase does not exceed 95% of the capacity of 
the container at 50 [deg]C (122 [deg]F)). If the contents are sensitive 
to heat, the temperature of the bath must be set at between 20 [deg]C 
(68 [deg]F) and 30 [deg]C (86 [deg]F) but, in addition, one container 
in 2,000 must be tested at the higher temperature. No leakage or 
permanent deformation of a container may occur. However, instead of 
this standard water bath test, container(s) may be tested using one of 
the following methods subject to certain conditions--
    (A) Alternative water bath test. (1) One filled container in a lot 
of 2,000 must be subjected to a test performed in a hot water bath; the 
temperature of the bath and the duration of the test must be such that 
the internal pressure reaches that which would be reached at 55 [deg]C 
(131 [deg]F). If the container shows evidence of leakage or permanent

[[Page 3678]]

deformation, the lot of 2,000 containers must be rejected;
    (2) A second filled container in the lot of 2,000 must be weighed 
and compared to the weight specification for the containers as 
documented in the operating procedures for the weight test. Failure of 
the container to meet the weight specification is evidence of leakage 
or overfilling and the lot of 2,000 must be rejected;
    (3) The remainder of the containers in the lot of 2,000 must be 
visually inspected (e.g, examination of the seams). Containers showing 
evidence of leakage or overfilling must not be transported; and
    (4) Each person employing this test must maintain a copy of the 
operating procedures (or an electronic file thereof) that is accessible 
at, or through, its principal place of business and must make the 
procedures available upon request, at a reasonable time and location, 
to an authorized official of the Department.
    (B) Automated pressure test. Each person employing an automated 
process for pressure testing of filled containers must develop 
procedures for implementation of the test. Each person must maintain a 
copy of the procedures (or an electronic file thereof) that is 
accessible at, or through, its principal place of business and must 
make the procedures available upon request, at a reasonable time and 
location, to an authorized official of the Department. The procedures 
must, at a minimum, include instruction on the following:
    (1) Pressure specifications. Each person must specify pressure 
standard(s) (e.g. a pressure limit or range) for a container respective 
of the design and/or contents. Each container, after it is filled, must 
be pressure checked and compared to the standards. For a pressure 
limit, any container exceeding the pressure limit must be rejected. For 
a pressure range, any container outside of the set range must be 
rejected. The instruments used to determine the pressure must be 
properly calibrated before a production run to an accuracy of +/- or 
better; and
    (2) Periodic inspection. At designated intervals, a randomly 
selected container must be inspected for proper closure and 
verification of filling pressure. If a container shows signs of 
improper closure or over-filling, five (5) additional randomly selected 
containers must be inspected. If any of the additional containers show 
signs of improper closure or over-filling, all containers produced 
since the last inspection must be rejected.
    (C) Weight test. Each person employing a weight test of filled 
containers must develop procedures for implementation of the test. Each 
person must maintain a copy of the procedures (or an electronic file 
thereof) that is accessible at, or through, its principal place of 
business and must make the procedures available upon request, at a 
reasonable time and location, to an authorized official of the 
Department. The procedures must, at a minimum, include instruction on 
the following:
    (1) Weight specifications. Each person must specify target weight 
specifications for a particular container. Each container, after it is 
filled, must be weighed and compared to the target weight specification 
for the container. Any container outside the target weight 
specification is an indication of leakage or overfilling and must be 
rejected. The instruments used to determine the weight must be properly 
calibrated before a testing run and be sufficiently sensitive to 
measure within 0.10 g of the true weight of the container;
    (2) Heat testing and pressure limits. One container out of each lot 
of successfully filled containers must be heat tested by raising the 
internal pressure until it reaches that which would be reached at 55 
[deg]C (131 [deg]F). The lot size should be no greater than 2,000. If 
the pressure in the container exceeds the maximum pressure allowed for 
the container type or if the container shows signs of leakage or 
permanent deformation, the lot must be rejected. Alternatively, five 
(5) additional randomly selected containers from the lot may be tested 
to qualify the lot but if any of the five containers fail the test, the 
entire lot must be rejected;
    (3) Periodic inspection. At intervals of not more than 10 minutes, 
a randomly selected container must be inspected for proper closure and 
verification of filling pressure. If a container shows signs of 
improper closure or over-filling, five (5) additional randomly selected 
containers must be inspected. If any of the additional containers show 
signs of improper closure or over-filling, all containers produced 
since the last inspection must be rejected; and
    (4) Visual inspection. Each container must be visually inspected 
prior to being packed. Any container showing signs of leakage or 
permanent deformation must be rejected.
    (D) Leakage test. (1) Pressure and leak testing before filling. 
Each empty container must be subjected to a pressure equal to or in 
excess of the maximum expected in the filled containers at 55 [deg]C 
(131 [deg]F) or 50 [deg]C (122 [deg]F) if the liquid phase does not 
exceed 95% of the capacity of the container at 50 [deg]C (122 [deg]F). 
This must be at least two-thirds of the design pressure of the 
container. If any container shows evidence of leakage at a rate equal 
to or greater than 3.3 x 10-2 mbar L/s at the test pressure, 
distortion or other defect, it must be rejected; and
    (2) Testing after filling. The person filling each container must 
ensure that the crimping equipment is set appropriately and the 
specified propellant is used before filling a container. Once filled, 
each container must be weighed and leak tested. The leak detection 
equipment must be sufficiently sensitive to detect at least a leak rate 
of 2.0 x 10-3 mbar L/s at 20 [deg]C (68 [deg]F). Any filled 
container which shows evidence of leakage, deformation, or overfilling 
must be rejected.
    (vi) Each outer packaging must be marked ``INSIDE CONTAINERS COMPLY 
WITH PRESCRIBED REGULATIONS.''
    (4) Gas samples must be transported under the following conditions:
    (i) A gas sample may only be transported as non-pressurized gas 
when its pressure corresponding to ambient atmospheric pressure in the 
container is not more than 105 kPa absolute (15.22 psia).
    (ii) Non-pressurized gases, toxic (or toxic and flammable) must be 
packed in hermetically sealed glass or metal inner packagings of not 
more than one L (0.3 gallons) overpacked in a strong outer packaging.
    (iii) Non-pressurized gases, flammable must be packed in 
hermetically sealed glass or metal inner packagings of not more than 5 
L (1.3 gallons) and overpacked in a strong outer packaging.
    (5) For limited quantities of Division 2.2 gases with no subsidiary 
risk, when in a non-DOT specification or a specification DOT 2S (Sec.  
178.33b of this subchapter) plastic aerosol container (see Sec.  171.8 
of this subchapter for the definition of aerosol) provided all of the 
following conditions are met. Additional exceptions for aerosols 
conforming to this paragraph (a)(5) are provided in paragraph (i) of 
this section.
    (i) Capacity. The capacity of the container must not exceed 1 L 
(61.0 cubic inches).
    (ii) General pressure conditions. Authorized plastic aerosol 
containers and associated pressure limitations are provided in the 
following table. The pressure in the container must not exceed 160 psig 
at 54.4 [deg]C (130 [deg]F). The container must be capable of 
withstanding without bursting a pressure of at least one and one-half 
times the equilibrium pressure of the contents at 54.4 [deg]C (130 
[deg]F).

[[Page 3679]]



                                      Authorized Plastic Aerosol Containers
----------------------------------------------------------------------------------------------------------------
 If the gauge pressure (psig)
 at 55 [deg]C (131 [deg]F) is                             Authorized plastic container
            . . .
----------------------------------------------------------------------------------------------------------------
Less than 140................  Non-DOT specification, DOT 2S.
140 or greater but not         DOT 2S.
 exceeding 160.
----------------------------------------------------------------------------------------------------------------

    (iii) Liquid fill. Liquid content of the material and gas must not 
completely fill the container at 54.4 [deg]C (130 [deg]F).
    (iv) Outer packaging. The containers must be packed in strong outer 
packagings.
    (v) Pressure testing. Except as provided in paragraph (a)(5)(vi) of 
this section, each container must be subjected to a test performed in a 
hot water bath. The temperature of the bath and the duration of the 
test must be such that the internal pressure reaches that which would 
be reached at 55 [deg]C (131 [deg]F) or 50 [deg]C (122 [deg]F) if the 
liquid phase does not exceed 95% of the capacity of the container at 50 
[deg]C (122 [deg]F). If the contents are sensitive to heat, or if the 
container is made of plastic material which softens at this test 
temperature, the temperature of the bath must be set at between 20 
[deg]C (68 [deg]F) and 30 [deg]C (86 [deg]F) but, in addition, one 
container in 2,000 must be tested at the higher temperature. No leakage 
or permanent deformation of a container is permitted except that a 
plastic container may be deformed through softening provided that it 
does not leak.
    (vi) Leakage test. As an alternative to the hot water bath test in 
paragraph (a)(5)(v) of this section, testing may be performed as 
follows:
    (A) Pressure and leak testing before filling. Each empty container 
must be subjected to a pressure equal to or in excess of the maximum 
expected in the filled containers at 55 [deg]C (131 [deg]F) or 50 
[deg]C (122 [deg]F) if the liquid phase does not exceed 95% of the 
capacity of the container at 50 [deg]C (122 [deg]F). This must be at 
least two-thirds of the design pressure of the container. If any 
container shows evidence of leakage at a rate equal to or greater than 
3.3 x 10-2 mbar L/s at the test pressure, distortion or 
other defect, it must be rejected; and
    (B) Testing after filling. Prior to filling, the filler must ensure 
that the crimping equipment is set appropriately and the specified 
propellant is used before filling the container. Once filled, each 
container must be weighed and leak tested. The leak detection equipment 
must be sufficiently sensitive to detect at least a leak rate of 2.0 x 
10-3 mbar L/s at 20 [deg]C (68 [deg]F). Any filled container 
that shows evidence of leakage, deformation, or excessive weight must 
be rejected.
    (vii) Each outer packaging must be marked ``INSIDE CONTAINERS 
COMPLY WITH PRESCRIBED REGULATIONS.''
    (b) Exceptions for foodstuffs, soap, biologicals, electronic tubes, 
and audible fire alarm systems. Limited quantities of compressed gases 
(except Division 2.3 gases) for which exceptions are provided as 
indicated by reference to this section in Sec.  172.101 of this 
subchapter, when in conformance with one of the following paragraphs, 
are excepted from labeling, except when offered for transportation or 
transported by aircraft, and the specification packaging requirements 
of this subchapter. For transportation by aircraft, the package must 
conform to the applicable requirements of Sec.  173.27 and only 
packages of hazardous materials authorized aboard passenger-carrying 
aircraft may be transported as a limited quantity. In addition, 
shipments are not subject to subpart F (Placarding) of part 172 of this 
subchapter, to part 174 of this subchapter, except Sec.  174.24, and to 
part 177 of this subchapter, except Sec.  177.817. Additional 
exceptions for certain compressed gases in limited quantities and the 
ORM-D hazard class are provided in paragraph (i) of this section.
    (1) Foodstuffs or soaps with soluble or emulsified compressed gas 
are authorized in non-refillable metal or plastic containers not to 
exceed 1 L (61.0 cubic inches) capacity provided the pressure in each 
container does not exceed 140 psig at 54.4 [deg]C (130 [deg]F) unless 
authorized by variation of a container type. For pressures ranging from 
greater than 140 psig to 160 psig, a variation DOT 2P1 or DOT 2Q2 
(Sec. Sec.  178.33(c) and (d) of this subchapter, respectively) 
container must be used. However, the pressure of the contents in the 
container may not be greater than 150 psig at 23.9 [deg]C (75 [deg]F). 
Plastic containers may only contain Division 2.2 non-flammable soluble 
or emulsified compressed gas. Metal or plastic containers must be 
capable of withstanding, without bursting, a pressure of at least one 
and one-half times the equilibrium pressure of the contents at 54.4 
[deg]C (130 [deg]F).

                             Authorized Aerosol Containers for Foodstuffs and Soaps
----------------------------------------------------------------------------------------------------------------
 If the gauge pressure (psig)
 at 54.4 [deg]C (130 [deg]F)                                  Authorized container
           is . . .
----------------------------------------------------------------------------------------------------------------
Not exceeding 140............  Non-DOT specification, DOT 2P, DOT 2P1, DOT 2Q, DOT 2Q2.
Greater than 140 but not       DOT 2P, DOT 2P1, DOT 2Q, DOT 2Q2.
 exceeding 160.
Greater than 160 but not       DOT 2Q, DOT 2Q2.
 exceeding 180.
----------------------------------------------------------------------------------------------------------------

    (i) Containers must be packed in strong outer packagings.
    (ii) Liquid content of the material and the gas must not completely 
fill the container at 55 [deg]C (131 [deg]F).
    (iii) Each outer packaging must be marked ``INSIDE CONTAINERS 
COMPLY WITH PRESCRIBED REGULATIONS.''
    (2) Cream in refillable metal or plastic containers with soluble or 
emulsified compressed gas. Plastic containers must only contain 
Division 2.2 non-flammable soluble or emulsified compressed gas. 
Containers must be of such design that they will hold pressure without 
permanent deformation up to 375 psig and must be equipped with a device 
designed so as to release pressure without bursting of the container or 
dangerous projection of its parts at higher pressures. This exception 
applies to shipments offered for transportation by refrigerated motor 
vehicles only.
    (3) Nonrefillable metal or plastic containers charged with a 
Division 6.1 PG III or nonflammable solution containing biological 
products or a medical preparation that could be deteriorated by heat, 
and compressed gas or gases. Plastic containers may only contain 2.2 
non-flammable soluble or emulsified compressed gas. The

[[Page 3680]]

capacity of each container may not exceed 35 cubic inches (19.3 fluid 
ounces). The pressure in the container may not exceed 140 psig at 54.4 
[deg]C (130 [deg]F), and the liquid content of the product and gas must 
not completely fill the containers at 54.4 [deg]C (130 [deg]F). One 
completed container out of each lot of 500 or less, filled for 
shipment, must be heated, until the pressure in the container is 
equivalent to equilibrium pressure of the contents at 54.4 [deg]C (130 
[deg]F). There must be no evidence of leakage, distortion, or other 
defect. The container must be packed in strong outer packagings.
    (4) Electronic tubes, each having a volume of not more than 30 
cubic inches and charged with gas to a pressure of not more than 35 
psig and packed in strong outer packagings are authorized.
    (5) Audible fire alarm systems powered by a compressed gas 
contained in an inside metal container when shipped are authorized 
under the following conditions:
    (i) Each inside container must have contents that are not 
flammable, poisonous, or corrosive as defined under this part,
    (ii) Each inside container may not have a capacity exceeding 35 
cubic inches (19.3 fluid ounces),
    (iii) Each inside container may not have a pressure exceeding 70 
psig at 21.1 [deg]C (70 [deg]F) and the liquid portion of the gas may 
not completely fill the inside container at 54.4 [deg]C (130 [deg]F), 
and
    (iv) Each nonrefillable inside container must be designed and 
fabricated with a burst pressure of not less than four times its 
charged pressure at 54.4 [deg]C (130 [deg]F). Each refillable inside 
container must be designed and fabricated with a burst pressure of not 
less than five times its charged pressure at 54.4 [deg]C (130 [deg]F).
* * * * *
    (e) * * *
    (2) Used refrigerating machines. (i) Packaging. Reconditioned 
(used) refrigerating machines (UN 2857, Div. 2.2) may be excepted from 
the marking requirements of Sec.  172.302(c) of this subchapter and 
transported by motor vehicle when they conform to the requirements 
prescribed in Sec.  173.306(e)(1), are secured or permanently attached 
to the motor vehicle, and are:
    (A) Permanently affixed to a steel base structure,
    (B) Permanently affixed to a trailer, or
    (C) Manufactured with a rigid internal structure designed for 
transportation and stacking conditions such that they do not leak and 
do not deteriorate, distort, or become damaged in a manner that could 
adversely affect their safety or reduce their strength in 
transportation, cause instability in stacks of refrigerating machines, 
or cause damage to these machines in a way that is likely to reduce 
safety in transportation.
    (ii) Testing. Used refrigerating machines returned from their 
rental locations must be transported back to an authorized original 
equipment manufacturer service facility and undergo maintenance, repair 
and/or replacement that renders these machines operational at the same 
level as that of new refrigerating machines, and must undergo a leak 
test by a certified technician, prior to re-shipment.
    (f) Accumulators (Articles, pressurized pneumatic or hydraulic 
containing non-flammable gas). The following applies to accumulators, 
which are hydraulic accumulators containing nonliquefied, nonflammable 
gas, and nonflammable liquids or pneumatic accumulators containing 
nonliquefied, nonflammable gas, fabricated from materials which will 
not fragment upon rupture.
    (1) Accumulators installed in motor vehicles, construction 
equipment, and assembled machinery and designed and fabricated with a 
burst pressure of not less than five times their charged pressure at 70 
[deg]F, when shipped, are not subject to the requirements of this 
subchapter.
    (2) Accumulators charged with limited quantities of compressed gas 
to not more than 200 psig at 70 [deg]F are excepted from labeling 
(except when offered for transportation by air) and the specification 
packaging requirements of this subchapter when shipped under the 
following conditions. In addition, shipments are not subject to subpart 
F (placarding) of part 172 of this subchapter, to part 174 of this 
subchapter except Sec.  174.24 and to part 177 of this subchapter 
except Sec.  177.817.
    (i) Each accumulator must be shipped as an inside packaging;
    (ii) Each accumulator may not have a gas space exceeding 2,500 
cubic inches under stored pressure; and
    (iii) Each accumulator must be tested, without evidence of failure 
or damage, to at least three times its charged pressure of 70 [deg]F, 
but not less than 120 psi before initial shipment and before each 
refilling and reshipment.
    (3) Accumulators with a charging pressure exceeding 200 psig at 70 
[deg]F and in compliance with the requirements stated in paragraph 
(f)(2) of this section, as applicable, are excepted from labeling 
(except when offered for transportation by air) and the specification 
packaging requirements of this subchapter when shipped under the 
following conditions:
    (i) Each accumulator must be designed and fabricated with a burst 
pressure of not less than five (5) times its charged pressure at 70 
[deg]F when shipped;
    (ii) For an accumulator with a gas space not to exceed 100 cubic 
inches, it must be designed and fabricated with a burst pressure of not 
less than five (5) times its charged pressure at 70 [deg]F. Out of each 
lot not to exceed 1,000 successively produced accumulators per day of 
the same type, accumulators must be tested, in lieu of the testing of 
paragraph (f)(2)(iii) of this section, as follows:
    (A) One (1) accumulator must be tested to the minimum design burst 
pressure;
    (B) Two (2) accumulators, one at the beginning of production and 
one at the end must be tested to at least two and a half times the 
charge pressure without evidence of leakage or distortion;
    (C) If accumulators fail either test, an additional four (4) sets 
of accumulators from the lot may be tested. If any additional 
accumulators fail, the lot must be rejected;
    (iii) For an accumulator with a gas space not to exceed 30 cubic 
inches, it must be designed and fabricated with a burst pressure of not 
less than four (4) times its charged pressure at 70 [deg]F. Out of each 
lot not to exceed 1,000 successively produced accumulators per day of 
the same type, accumulators must be tested, in lieu of the testing of 
paragraph (f)(2)(iii) of this section, as follows:
    (A) One (1) accumulator must be tested to the minimum design burst 
pressure;
    (B) Two (2) accumulators, one at the beginning of production and 
one at the end must be tested to at least two and a half times the 
charge pressure without evidence of leakage or distortion;
    (C) If accumulators fail either test, an additional four (4) sets 
of accumulators from the lot may be tested. If any additional 
accumulators fail, the lot must be rejected;
    (iv) Accumulators must be packaged in strong outer packaging.
    (4) Accumulators intended to function as shock absorbers, struts, 
gas springs, pneumatic springs or other impact or energy-absorbing 
devices are not subject to the requirements of this subchapter provided 
each:
    (i) Has a gas space capacity not exceeding 1.6 L and a charge 
pressure not exceeding 280 bar, where the product of the capacity 
expressed in

[[Page 3681]]

liters and charge pressure expressed in bars does not exceed 80 (for 
example, 0.5 L gas space and 160 bar charge pressure);
    (ii) Has a minimum burst pressure of 4 times the charge pressure at 
20 [deg]C for products not exceeding 0.5 L gas space capacity and 5 
times the charge pressure for products greater than 0.5 L gas space 
capacity;
    (iii) Design type has been subjected to a fire test demonstrating 
that the article relieves its pressure by means of a fire degradable 
seal or other pressure relief device, such that the article will not 
fragment and that the article does not rocket; and
    (iv) Accumulators must be manufactured under a written quality 
assurance program which monitors parameters controlling burst strength, 
burst mode and performance in a fire situation as specified in 
paragraphs (f)(4)(i) through (f)(4)(iii) of this section. A copy of the 
quality assurance program must be maintained at each facility at which 
the accumulators are manufactured.
    (5) Accumulators not conforming to the provisions of paragraphs 
(f)(1) through (f)(4) of this section may only be transported subject 
to the approval of the Associate Administrator.
* * * * *
    (k) Aerosols for recycling or disposal. Aerosols (as defined in 
Sec.  171.8 of this subchapter) intended for recycling or disposal may 
be transported under the following conditions:
    (1) Aerosols conforming to paragraph (a)(3), (a)(5), (b)(1), 
(b)(2), or (b)(3) of this section are not subject to the 30 kg (66 
pounds) gross weight limitation when transported by motor vehicle for 
purposes of recycling or disposal under the following conditions:
    (i) The aerosols must be packaged in a strong outer packaging. The 
strong outer packaging and its contents must not exceed a gross weight 
of 500 kg (1,100 pounds);
    (ii) Each aerosol must be secured with a cap to protect the valve 
stem or the valve stem must be removed; and
    (iii) The packaging must be offered for transportation or 
transported by--
    (A) Private or contract motor carrier; or
    (B) Common carrier in a motor vehicle under exclusive use for such 
service.
    (2) Aerosols intended to conform to paragraphs (a)(3) or (a)(5) of 
this section at the time of filling but are leaking, have been 
improperly filled, or otherwise no longer conform to paragraphs (a)(3) 
or (a)(5) of this section may be offered for transportation and 
transported for disposal or recycling under the conditions provided in 
this paragraph (k)(2). Such aerosols are not eligible for the 
exceptions provided in paragraphs (a) and (i) of this section except 
for subpart F (Placarding) of part 172 of this subchapter.
    (i) Packaging. (A) The aerosols must be packaged in a metal or 
plastic removable head UN 1A2, 1B2, 1N2 or 1H2 drum tested and marked 
to the PG II performance level or higher for liquids;
    (B) Each drum must be provided, when necessary, with sufficient 
cushioning and absorption material to prevent excessive shifting of the 
aerosols and to eliminate the presence of any free liquid at the time 
the drum is closed. All cushioning and absorbent material used in the 
drum must be compatible with the hazardous material; and
    (C) The pressure inside each completed drum, at any time during 
transportation, may not exceed the design test pressure marked on the 
drum.
    (ii) Hazard communication. (A) Notwithstanding the marking 
requirements for non-bulk packages in Sec.  172.301 of this subchapter, 
each drum must be marked ``AEROSOL SALVAGE'' or ``AEROSOL SALVAGE 
DRUM'' in association with the required label(s); and
    (B) The overpack marking requirements of Sec.  173.25 of this 
subchapter do not apply.
    (3) Modal restrictions. The completed drums must be offered for 
transportation and transported by private or contract carrier by 
highway or rail. Vessel and air transportation are not authorized.
* * * * *

0
33. In Sec.  173.315, paragraph (a)(2) table, the entry ``Division 2.2 
materials not specifically provided for in this table'' is revised, and 
a note 28 is added to the end of the table. The revision and addition 
read as follows:


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

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

----------------------------------------------------------------------------------------------------------------
                                     Maximum permitted filling density       Specification container required
                                 -------------------------------------------------------------------------------
           Kind of gas                                 Percent by volume
                                   Percent by weight   (see par. (f) of    Type (see Note 2)    Minimum design
                                     (see Note 1)        this section)                         pressure  (psig)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Division 2.2, materials not       See par. (c) of     See Note 7........  DOT-51, MC-330, MC- See Notes 19 and
 specifically provided for in      this section.                           331.                28.
 this table.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    Note 28: For UN1080, Sulfur hexafluoride, a non-specification cargo 
tank that otherwise conforms to a DOT Specification MC 331 cargo tank 
except for design pressure and capacity is authorized. Design pressure 
may not exceed 600 psig. The water capacity range for each tank is 15 
to 500 gallons.
* * * * *

0
34. In Sec.  173.319, revise paragraph (d)(2) table to read as follows:


Sec.  173.319  Cryogenic liquids in tank cars.

* * * * *
    (d) * * *
    (2) * * *

[[Page 3682]]



                             Pressure Control Valve Setting or Relief Valve Setting
----------------------------------------------------------------------------------------------------------------
                                              Maximum permitted filling density  (percent by weight)
   Maximum start-to-discharge    -------------------------------------------------------------------------------
        pressure  (psig)               Ethylene            Ethylene            Ethylene            Hydrogen
----------------------------------------------------------------------------------------------------------------
17..............................  ..................  ..................  ..................  6.60.
45..............................  52.8..............
75..............................  ..................  51.1..............  51.1..............
Maximum pressure when offered     10 psig...........  20 psig...........  20 psig...........
 for transportation.
Design service temperature......  Minus 260 [deg]F..  Minus 260 [deg]F..  Minus 155 [deg]F..  Minus 423 [deg]F.
Specification (see Sec.           113D60W, 113C60W..  113C120W..........  113D120W..........  113A175W, 113A60W.
 180.507(b)(3) of this
 subchapter).
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 174--CARRIAGE BY RAIL

0
35. The authority citation for part 174 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.


0
36. In Sec.  174.67, revise paragraph (g) to read as follows:


Sec.  174.67  Tank car unloading.

* * * * *
    (g) The valve cap, or the reducer when a large outlet is to be 
used, must be removed with a suitable wrench after the set screws are 
loosened and a pail must be placed in position to catch any liquid that 
may be in the outlet chamber. If the valve cap or reducer does not 
unscrew easily, it may be tapped lightly with a mallet or wooden block 
in an upward direction. If leakage shows upon starting the removal, the 
cap or reducer may not be entirely unscrewed. Sufficient threads must 
be left engaged and sufficient time allowed to permit the controlled 
escape of any accumulation of liquid in the outlet chamber. If the 
leakage stops or the rate of leakage diminishes materially, the cap or 
reducer may be entirely removed. If the initial rate of leakage 
continues, further efforts must be made to seat the outlet valve (see 
paragraph (f) of this section). If this fails, the cap or reducer must 
be screwed up tight and the tank must be unloaded through the dome. If 
upon removal of the outlet cap the outlet chamber is found to be 
blocked with frozen liquid or any other matter, the cap must be 
replaced immediately and a careful examination must be made to 
determine whether the outlet casting has been cracked. If the 
obstruction is not frozen liquid, the car must be unloaded through the 
dome. If the obstruction is frozen liquid and no crack has been found 
in the outlet casting, the car may, if circumstances require it, be 
unloaded from the bottom by removing the cap and attaching unloading 
connections immediately. Before opening the valve inside the tank car 
with a frozen liquid blockage:
    (1) Steam must be applied to the outside of the outlet casting or 
the outlet casting must be wrapped with burlap or other rags and hot 
water applied to the wrapped casting to melt the frozen liquid; or
    (2) For combustible liquid or Class 3 liquid petroleum distillate 
fuels, the blockage may be cleared by attaching a fitting to the outlet 
line and applying nitrogen at a pressure not to exceed 100 psig.
* * * * *

PART 176--CARRIAGE BY VESSEL

0
37. The authority citation for part 176 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.


0
38. Revise Sec.  176.90 to read as follows:


Sec.  176.90  Private automobiles.

    (a) Class 1 (explosive) material. A private automobile which is 
carrying any Class 1 (explosive) material (except permitted fireworks 
or small arms ammunition) may not be transported on a passenger-
carrying ferry vessel unless the Class 1 (explosive) material conforms 
to the packaging, labeling, marking, and certification requirements of 
this subchapter. Permitted fireworks and small arms ammunition may be 
carried without the required packaging, labeling, marking, or 
certification if they are in tight containers.
    (b) Engines, gasoline, or liquefied petroleum gas. Engines, 
internal combustion, flammable gas powered or flammable liquid powered, 
including when fitted in machinery or vehicles (i.e. motor vehicles, 
recreational vehicles, campers, trailers), vehicle flammable liquid or 
flammable gas powered, gasoline, and petroleum gases, liquefied or 
liquefied petroleum gas when included as part of a motor home, 
recreational vehicle, camper, or trailer; are excepted from the 
requirements of this subchapter if the following conditions are met:
    (1) Any container showing deterioration which might affect its 
integrity must not be allowed on board the vessel. A visual inspection 
by a responsible member of the crew must be made of each cylinder of 
liquefied petroleum gas before it may be allowed aboard the vessel. A 
cylinder that has a crack or leak, is bulged, has a defective valve or 
a leaking or defective pressure relief device, or bears evidence of 
physical abuse, fire or heat damage, or detrimental rusting or 
corrosion, may not offered for transportation on board the vessel. 
Leaking or damaged containers of gasoline may not be offered for 
transportation on board the vessel.
    (2) Motor vehicles may be stowed in the same hold or compartment or 
on the vehicle deck of passenger vessels with cylinders of liquefied 
petroleum gas when the cylinders are securely attached to recreational 
vehicles, such as campers or trailers.
    (3) Extra containers of gasoline (including camp stove or lantern 
fuel) and portable cylinders of liquefied petroleum gas (including 
cylinders for camping equipment) not securely attached to recreational 
vehicles must be stowed in the vessel's paint locker. Containers must 
be securely closed.
    (4) All liquefied petroleum gas cylinders must be secured by 
closing the shut-off valves prior to the recreational vehicles being 
loaded on the vessels. The owner or operator of each recreational 
vehicle must be directed to close all operating valves within the 
vehicles.
    (5) ``No smoking'' signs must be posted on the vehicle decks and, 
if used for storage of hazardous materials; in close proximity to the 
vessel's paint locker.
    (6) An hourly patrol of the vehicle decks must be made by a 
crewmember. Any unusual or dangerous situation must be reported to the 
vessel's master.

[[Page 3683]]

    (7) Passengers may be allowed on the vehicle decks during the 
voyage and are subject to the control of the crew personnel conducting 
the continuous vehicle deck patrol.
    (8) Each person responsible for performing a function authorized by 
this section must be trained in accordance with subpart H of part 172 
of this subchapter and on the requirements of this section.
    (9) Shipments made under this paragraph are subject to the Incident 
Reporting requirements prescribed in Sec. Sec.  171.15 and 171.16 of 
this subchapter.

0
39. In Sec.  176.800, revise paragraph (a) to read as follows:


Sec.  176.800  General stowage requirements.

    (a) Each package required to have a Class 8 (corrosive) label 
thereon being transported on a vessel must be stowed clear of living 
quarters, and away from foodstuffs and cargo of an organic nature. For 
the purposes of this section, food ingredients intended for human 
consumption (ingredients) that are Class 8 (corrosive) materials are 
not considered to be incompatible with other food ingredients if the 
intended use of those ingredients is for the manufacture of food, or 
food ingredients containing those food ingredients (or like 
ingredients), with or without other ingredients.
* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

0
40. The authority citation for part 177 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; sec. 112 of Pub. L. 103-311, 108 
Stat. 1673, 1676 (1994); sec. 32509 of Pub. L. 112-141, 126 Stat. 
405, 805 (2012); 49 CFR 1.81 and 1.97.

0
41. In Sec.  177.834, revise paragraphs (i)(3), (i)(4), and (l)(2)(i), 
and remove and reserve paragraph (l)(2)(ii) to read as follows:


Sec.  177.834  General requirements.

* * * * *
    (i) * * *
    (3) A qualified person ``attends'' the loading or unloading of a 
cargo tank only if, throughout the process:
    (i) Except for unloading operations subject to Sec. Sec.  
177.837(d), 177.840(p), and 177.840(q), the qualified person is within 
7.62 m (25 feet) of the cargo tank. The qualified person attending the 
unloading of a cargo tank must be alert and have an unobstructed view 
of the cargo tank and delivery hose to the maximum extent practicable 
during the unloading operation;
    (ii) The qualified person observes all loading or unloading 
operations by means of video cameras and monitors or instrumentation 
and signaling systems such as sensors, alarms, and electronic 
surveillance equipment located at a remote control station, and the 
loading or unloading system is equipped as follows:
    (A) For a video monitoring system used to meet the attendance 
requirement, the camera must be mounted so as to provide an 
unobstructed view of all equipment involved in the loading or unloading 
operations, including all valves, hoses, domes, and pressure relief 
devices.
    (B) For an instrumentation and signaling system used to meet the 
attendance requirement, the system must provide a surveillance 
capability at least equal to that of a human observer.
    (C) Upon loss of video monitoring capability or instrumentation and 
signaling systems, loading or unloading operations must be immediately 
terminated.
    (D) Shut-off valves operable from the remote control station must 
be provided.
    (E) In the event of a remote system failure, a qualified person 
must immediately resume attending the loading or unloading of the cargo 
tank as provided in paragraph (i)(3)(i) of this section.
    (F) A containment area must be provided capable of holding the 
contents of as many cargo tank motor vehicles as might be loaded at any 
single time.
    (G) A qualified person must personally conduct a visual inspection 
of each cargo tank motor vehicle after it is loaded, prior to 
departure, for any damage that may have occurred during loading.
    (iii) Hoses used in the loading or unloading operations are 
equipped with cable-connected wedges, plungers, or flapper valves 
located at each end of the hose, able to stop the flow of product from 
both the source and the receiving tank within one second without human 
intervention in the event of a hose rupture, disconnection, or 
separation.
    (A) Prior to each use, each hose must be inspected to ensure that 
it is of sound quality, without defects detectable through visual 
observation; and
    (B) The loading or unloading operations must be physically 
inspected by a qualified person at least once every sixty (60) minutes.
    (4) A person is ``qualified'' if he has been made aware of the 
nature of the hazardous material which is to be loaded or unloaded, has 
been instructed on the procedures to be followed in emergencies, and 
except for persons observing loading or unloading operations by means 
of video cameras and monitors or instrumentation and signaling systems 
such as sensors, alarms, and electronic surveillance equipment located 
at a remote control station and persons inspecting hoses in accordance 
with paragraph (i)(3)(iii) of this section, is authorized to move the 
cargo tank, and has the means to do so.
* * * * *
    (l) * * *
    (2) * * *
    (i) Use of combustion cargo heaters. A motor vehicle equipped with 
a combustion cargo heater may be used to transport Class 3 (flammable 
liquid) or Division 2.1 (flammable gas) materials only subject to the 
following conditions:
    (A) The combustion cargo heater is powered by diesel fuel or 
propane and each of the following requirements are met:
    (1) Electrical apparatus in the cargo compartment is non-sparking 
or explosion proof.
    (2) There is no combustion apparatus in the cargo compartment.
    (3) There is no connection for return of air from the cargo 
compartment to the combustion apparatus.
    (4) The heating system will not heat any part of the cargo to more 
than 54 [deg]C (130[emsp14][deg]F).
    (5) Heater requirements under Sec.  393.77 of this title are 
complied with.
    (6) The heater unit and its fuel supply must be externally mounted 
on the truck or trailer.
    (7) The heater unit must retain combustion in a sealed combustion 
chamber.
    (8) The heater unit must utilize outside air for combustion (air 
from the cargo space cannot be used for combustion).
    (9) Heater unit combustion gases must be exhausted to the outside 
of the truck or trailer.
    (B) The combustion cargo heater is a catalytic heater and each of 
the following requirements are met:
    (1) The heater's surface temperature cannot exceed 54 [deg]C 
(130[emsp14][deg]F)--either on a thermostatically controlled heater or 
on a heater without thermostatic control when the outside or ambient 
temperature is 16 [deg]C (61[emsp14][deg]F) or less.
    (2) The heater is not ignited in a loaded vehicle.
    (3) There is no flame, either on the catalyst or anywhere in the 
heater.
    (4) The manufacturer has certified that the heater meets the 
requirements under paragraph (l)(2)(i)(B) of this section by 
permanently marking the heater ``MEETS DOT REQUIREMENTS FOR CATALYTIC 
HEATERS USED

[[Page 3684]]

WITH FLAMMABLE LIQUID AND GAS.''
    (5) The heater is also marked ``DO NOT LOAD INTO OR USE IN CARGO 
COMPARTMENTS CONTAINING FLAMMABLE LIQUID OR GAS IF FLAME IS VISIBLE ON 
CATALYST OR IN HEATER.''
    (6) Heater requirements under Sec.  393.77 of this title are 
complied with.
    (ii) [Reserved]
* * * * *

0
42. In Sec.  177.838, the heading of the section is revised and 
paragraph (i) is added to read as follows:


Sec.  177.838  Class 4 (flammable solid) materials, Class 5 (oxidizing) 
materials, and Division 4.2 (self-heating and pyrophoric liquid) 
materials.

* * * * *
    (i) Division 4.2 (self-heating liquid) material. Notwithstanding 
the segregation requirements of Sec.  177.848(d), the following 
Division 4.2 (self-heating) materials may be transported on the same 
transport vehicle with Class 8 (corrosive) materials. The hazardous 
materials must be palletized with a minimum height of 100 mm (4 inches) 
off the floor of the vehicle, and the self-heating material must be 
separated from the corrosive material by a minimum horizontal distance 
of 1.2 m (4 feet).
    (1) Sodium hydrosulfite or sodium dithionite, UN1384, in PG II or 
III packaged in UN 1A2 steel drums that meet the Packing Group II 
performance requirements of subpart M of part 178 of this title.
    (2) Thiourea dioxide, UN3341, in PG II or III packaged in UN 1G 
fiber drums meeting packing group II performance requirements of 
subpart M of part 178 of this subchapter.
    (3) Self-heating, solid, organic, n.o.s., UN3088, in PG II or III 
packaged in UN 1G fiber drums meeting the Packing Group II performance 
level requirements of subpart M of part 178 of this subchapter.

0
43. In Sec.  177.840, add paragraph (a)(3) to read as follows:


Sec.  177.840  Class 2 (gases) materials.

    (a) * * *
    (3) Cylinders containing material classed as Division 2.3, Hazard 
Zone A. (i) Notwithstanding the segregation requirements of Sec.  
177.848(d), a cylinder containing a Division 2.3, Hazard Zone A 
materials may be transported on the same transport vehicle with 
materials classed as Division 2.1, Class 3, Class 4, Class 5, and Class 
8 if all of the following requirements are met:
    (A) The Division 2.3, Hazard Zone A material must be packaged as 
authorized by this subchapter. In addition, each package must be must 
be placed in a plastic bag which is taped closed and then overpacked in 
a UN 1A2 steel drum tested and marked for a PG II or higher performance 
level with insulation material inside to protect the cylinders from 
fire. The outside of the overpack must be marked with an indication 
that the inner packagings conform to the prescribed specifications.
    (B) A Division 2.1 material requiring strong non-bulk outer 
packagings in accordance with Sec.  173.301(a)(9) of this subchapter 
must be overpacked in a UN 1A2 steel or 1H2 plastic drum tested and 
marked for a PG II or higher performance level. The outside of the 
overpack must be marked with an indication that the inner packagings 
conform to the prescribed specifications.
    (C) Packages containing Division 2.3 Hazard Zone A material must be 
separated within the transport vehicle from packages containing 
Division 2.1, Class 3, Class 4, Class 5, and Class 8 materials by a 
minimum horizontal distance of 1.2 m (4 feet). In addition, all steel 
or plastic overpacks containing packages of Division 2.3, Hazard Zone A 
or Division 2.1 material must be placed on pallets within the transport 
vehicle.
    (ii) Notwithstanding the segregation requirements of Sec.  
177.848(d), Division 2.3, Hazard Zone A material may be transported on 
the same transport vehicle with non-bulk packagings and IBCs meeting a 
UN performance standard containing only the residue of Division 2.1, 
4.3, 5.1, and Class 3 and 8 materials if all of the following 
requirements are met:
    (A) The materials are transported in enclosed trailers equipped 
with inlet and outlet vent openings with a minimum total area of one 
square foot per 1,000 cubic feet of trailer volume. Electrical systems 
within the trailer's interior must be non-sparking or explosion proof.
    (B) Cylinders must be transported in an upright position and 
securely restrained within the trailer, or loaded into racks, secured 
to pallets, or packed in wooden or fiberboard boxes or crates to 
prevent the cylinders from shifting or overturning within the motor 
vehicle under normal transportation conditions. If cylinders are 
secured to a pallet, the pallet must be designed to transport 1,590 kg 
(3,500 lbs.) per pallet and the cylinders must be secured within the 
pallet by a web strap rated at 4,545 kg (10,000 lbs.).
    (C) A cylinder containing Division 2.3 Hazard Zone A materials must 
be separated from non-bulk packagings and IBCs meeting a UN performance 
standard containing the residue of materials in Division 2.1, 4.3, or 
5.1, or Class 3 or 8 by a minimum horizontal distance of 3 m (10 feet). 
The maximum gross weight of Division 2.3 Hazard Zone A material carried 
on one vehicle must not exceed 3,636 kg (8,000 lbs.).
    (D) Motor carriers must have a satisfactory safety rating as 
prescribed in 49 CFR part 385.
* * * * *

0
44. In Sec.  177.841, add paragraph (f) to read as follows:


Sec.  177.841  Division 6.1 and Division 2.3 materials.

* * * * *
    (f) Notwithstanding the segregation requirements of Sec.  
177.848(d), when transported by highway by private or contract motor 
carrier, Division 6.1 PG I, Hazard Zone A toxic-by-inhalation (TIH) 
materials meeting the definition of a hazardous waste as provided in 
Sec.  171.8 of this subchapter, may be transported on the same 
transport vehicle with materials classed as Class 3, Class 4, Class 5, 
and Class 8. The Division 6.1 PG I, Hazard Zone A materials must be 
loaded on pallets and separated from the Class 3, Class 4, Class 5, and 
Class 8 materials by a minimum horizontal distance of 2.74 m (9 feet) 
when in conformance with the following:
    (1) The TIH materials are packaged in combination packagings as 
prescribed in Sec.  173.226(c) of this subchapter.
    (2) The combination packages containing TIH materials must be:
    (i) Filled and packed by the offeror's hazmat employees;
    (ii) Be placed on pallets, when in a transport vehicle; and
    (iii) Separated from hazardous materials classed as Class 3, Class 
8 or Divisions 4.1, 4.2, 4.3, 5.1, or 5.2 by a nine-foot (minimum 
distance) buffer zone, when in a transport vehicle. The buffer zone 
maybe established by:
    (A) A load lock;
    (B) Empty drums;
    (C) Drums containing hazardous materials (e.g., Class 9) that are 
compatible with materials in all other drums immediately around them; 
or
    (D) Drums containing non-hazardous materials that are compatible 
with materials in all other drums immediately around them.

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.


[[Page 3685]]



0
46. Sections 178.33c, 178.33c-1, and 178.33c-2 are added to subpart B 
to read as follows:


Sec.  178.33c  Specification 2P; inner nonrefillable metal receptacle 
variation.


Sec.  178.33c-1  Compliance.

    Required in all details.


Sec.  178.33c-2  Variation.

    Notwithstanding the variation provided in this section, each 
container must otherwise conform to a DOT 2P container in accordance 
with Sec.  178.33. The following conditions also apply under Variation 
1--
    (a) Manufacture. Side seams: not permitted. Ends: The ends shall be 
designed to withstand pressure and be equipped with a pressure relief 
system (e.g., rim-venting release or a dome expansion device) designed 
to function prior to bursting of the container.
    (b) Tests. (1) One out of each lot of 25,000 containers or less, 
successively produced per day complete with ends assembled (and without 
a pressure relief system assembled) shall be pressure tested to 
destruction at gauge pressure and must not burst below 240 psig. For 
containers with a pressure relief system as described in paragraph (a) 
of this section and assembled, failure at a location other than the 
pressure relief system will reject the lot. For containers with an end 
expansion device, the lot must be rejected if the container bursts 
prior to buckling of the device.
    (2) Each such 25,000 containers or less, successively produced per 
day, shall constitute a lot and if the test container(s) shall fail, 
the lot shall be rejected. Otherwise, ten (10) additional containers of 
each container design produced may be selected at random and subjected 
to the test. These containers shall be complete with ends assembled. 
Should any of the containers thus tested fail, the entire lot must be 
rejected. All containers constituting a lot shall be of like material, 
size, design construction, finish, and quality.
    (c) Marking. By means of printing, lithographing, embossing, or 
stamping, each container must be marked:
    (1) DOT-2P1.
    (2) With the name or symbol of the person making the mark. A 
symbol, if used, must be registered with the Associate Administrator.


0
47. Sections 178.33d, 178.33d-1, 178.33d-2 and 178.33d-3 are added to 
subpart B to read as follows:


Sec.  178.33d  Specification 2Q; inner nonrefillable metal receptacle 
variations.


Sec.  178.33d-1  Compliance.

    Required in all details.


Sec.  178.33d-2  Variation 1.

    Notwithstanding the variation provided in this paragraph, each 
container must otherwise conform to a DOT 2Q container in accordance 
with Sec.  178.33a. The following conditions also apply under Variation 
1--
    (a) Type and size. The maximum capacity of containers in this class 
may not exceed 0.40 L (24.4 cubic inches). The maximum inside diameter 
shall not exceed 2.1 inches.
    (b) Manufacture. Ends: The top of the container must be designed 
with a pressure relief system consisting of radial scores on the top 
seam(s). The bottom of the container must be designed to buckle at a 
pressure greater than the pressure at which the top buckles and vents.
    (c) Wall thickness. The minimum wall thickness for any container 
shall be 0.0085 inches.
    (d) Tests. (1) Two containers (one without a pressure relief system 
and one with) out of each lot of 25,000 or less, successively produced 
per day shall be pressure tested to destruction at gauge pressure. The 
container without a pressure relief system must not burst below 320 
psig. The container assembled with a pressure relief system as 
described in paragraph (b) of this section must be tested to 
destruction. The bottom of the container must buckle at a pressure 
greater than the pressure at which the top buckles and vents.
    (2) Each such 25,000 containers or less, successively produced per 
day, shall constitute a lot and if the test container(s) shall fail, 
the lot shall be rejected. Otherwise, ten (10) additional pairs of 
containers may be selected at random and subjected to the test under 
which failure occurred. Should any of the containers thus tested fail, 
the entire lot must be rejected. All containers constituting a lot 
shall be of like material, size, design construction, finish, and 
quality.
    (e) Marking. By means of printing, lithographing, embossing, or 
stamping, each container must be marked:
    (1) DOT-2Q1.
    (2) With the name or symbol of the person making the mark. A 
symbol, if used, must be registered with the Associate Administrator.


Sec.  178.33d-3  Variation 2.

    Notwithstanding the variation provided in this paragraph, each 
container must otherwise conform to a DOT 2Q container in accordance 
with Sec.  178.33a. The following conditions also apply under Variation 
2--
    (a) Manufacture. Ends: The ends shall be designed to withstand 
pressure and the container equipped with a pressure relief system 
(e.g., rim-venting release or a dome expansion device) designed to 
buckle prior to the burst of the container.
    (b) Tests. (1) One out of each lot of 25,000 containers or less, 
successively produced per day shall be pressure tested to destruction 
at gauge pressure and must not burst below 270 psig. For containers 
with a pressure relief system as described in paragraph (a) of this 
section and assembled, failure at a location other than the pressure 
relief system will reject the lot.
    (2) Each such 25,000 containers or less, successively produced per 
day, shall constitute a lot and if the test container(s) shall fail, 
the lot shall be rejected. Otherwise, ten (10) additional containers of 
each container design produced may be selected at random and subjected 
to the test. These containers shall be complete with ends assembled. 
Should any of the containers thus tested fail, the entire lot must be 
rejected. All containers constituting a lot shall be of like material, 
size, design construction, finish, and quality.
    (c) Marking. By means of printing, lithographing, embossing, or 
stamping, each container must be marked:
    (1) DOT-2Q2.
    (2) With the name or symbol of the person making the mark. A 
symbol, if used, must be registered with the Associate Administrator.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

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

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.


0
49. Section 180.209 is amended as follows:
0
a. In paragraph (a), Table 1 ``Requalification of Cylinders'' is 
revised, and a footnote is added;
0
b. Revise paragraph (e); and
0
c. Amend the Table in paragraph (g) by adding an entry for ``DOT 4BW'' 
at the end of the table.
    The revision and amendments read as follows.


Sec.  180.209  Requirements for requalification of specification 
cylinders.

    (a) * * *

[[Page 3686]]



                Table 1--Requalification of Cylinders \1\
------------------------------------------------------------------------
                                     Minimum test
    Specification under which       pressure (psig)     Requalification
        cylinder was made                 \2\           period (years)
------------------------------------------------------------------------
DOT 3...........................  3000 psig.........  5.
DOT 3A, 3AA.....................  5/3 times service   5, 10, or 12 (see
                                   pressure, except    Sec.
                                   noncorrosive        180.209(b), (e),
                                   service (see Sec.   (f), (h), and
                                     180.209(g)).      (j).
DOT 3AL.........................  5/3 times service   5, 10 or 12 (see
                                   pressure.           Sec.
                                                       180.209(e), (j)
                                                       and Sec.
                                                       180.209(m) \3\).
DOT 3AX, 3AAX...................  5/3 times service   5, 10 (see Sec.
                                   pressure.           180.209(e).
3B, 3BN.........................  2 times service     5 or 10 (see Sec.
                                   pressure (see        180.209(e),
                                   Sec.                (f)).
                                   180.209(g)).
3E..............................  Test not required.
3HT.............................  5/3 times service   3 (see Sec.  Sec.
                                   pressure.            180.209(k) and
                                                       180.213(c)).
3T..............................  5/3 times service   5.
                                   pressure.
4AA480..........................  2 times service     5 or 10 (see Sec.
                                   pressure (see        180.209(e) or
                                   Sec.                (h)).
                                   180.209(g)).
4B, 4BA, 4BW, 4B-240ET..........  2 times service     5, 10, or 12 (see
                                   pressure, except    Sec.
                                   non-corrosive       180.209(e), (f),
                                   service (see Sec.   and (j)).
                                     180.209(g)).
4D, 4DA, 4DS....................  2 times service...  5.
DOT 4E..........................  2 times service     5 or 10 (see Sec.
                                   pressure, except     180.209(e)).
                                   non-corrosive
                                   (see Sec.
                                   180.209(g)).
4L..............................  Test not required.
8, 8AL..........................  ..................  10 or 20 (see Sec.
                                                         180.209(i)).
Exemption or special permit       See current         See current
 cylinder.                         exemption or        exemption or
                                   special permit.     special permit.
Foreign cylinder (see Sec.        As marked on        5 (see Sec.  Sec.
 173.301(j) of this subchapter     cylinder, but not    180.209(l) and
 for restrictions on use).         less than 5/3 of    180.213(d)(2)).
                                   any service or
                                   working pressure
                                   marking.
------------------------------------------------------------------------
\1\ Any cylinder not exceeding 2 inches outside diameter and less than 2
  feet in length is excepted from volumetric expansion test.
\2\ For cylinders not marked with a service pressure, see Sec.
  173.301a(b) of this subchapter.
\3\ This provision does not apply to cylinders used for carbon dioxide,
  fire extinguisher or other industrial gas service.

* * * * *
    (e) Proof pressure test. A cylinder made in conformance with DOT 
Specifications 4B, 4BA, 4BW, or 4E protected externally by a suitable 
corrosion-resistant coating and used exclusively for non-corrosive gas 
that is commercially free from corroding components may be requalified 
by volumetric expansion testing or proof pressure testing every 10 
years instead of every 5 years. When subjected to a proof pressure 
test, the cylinder must be carefully examined under test pressure and 
removed from service if a leak or defect is found.
* * * * *
    (g) * * *

----------------------------------------------------------------------------------------------------------------
               Cylinders conforming to . . .                             Used exclusively for . . .
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
DOT 4BW...................................................  Alkali metal alloys, liquid, n.o.s., Alkali metal
                                                             dispersions or Alkaline earth metal dispersions,
                                                             Potassium, Potassium Sodium alloys and Sodium that
                                                             are commercially free of corroding components.
----------------------------------------------------------------------------------------------------------------

* * * * *

0
50. In Sec.  180.213, revise paragraph (c) introductory text to read as 
follows:


Sec.  180.213  Requalification markings.

* * * * *
    (c) Requalification marking method. The depth of requalification 
markings may not be greater than specified in the applicable 
specification. The markings must be made by stamping, engraving, 
scribing, or applying a label embedded in epoxy that will remain 
legible and durable throughout the life of the cylinder, or by other 
methods that produce a legible, durable mark.
* * * * *

Marie Therese Dominguez,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2016-00780 Filed 1-20-16; 8:45 am]
BILLING CODE 4910-60-P