[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)]
[Rules and Regulations]
[Pages 55792-55811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23965]
[[Page 55791]]
Vol. 83
Wednesday,
No. 216
November 7, 2018
Part II
Department of Transportation
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Pipeline and Hazardous Materials Safety Administration
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49 CFR Parts 171, 172, et al.
Hazardous Materials: Response to Petitions From Industry To Modify,
Clarify, or Eliminate Regulations; Final Rule
Federal Register / Vol. 83 , No. 216 / Wednesday, November 7, 2018 /
Rules and Regulations
[[Page 55792]]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 172, 173, 176, 178, and 180
[Docket No. PHMSA-2015-0102 (HM-219A)]
RIN 2137-AF09
Hazardous Materials: Response to Petitions From Industry To
Modify, Clarify, or Eliminate Regulations
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule.
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SUMMARY: In this rulemaking, PHMSA is amending the Hazardous Materials
Regulations in response to 19 petitions for rulemaking submitted by the
regulated community to update, clarify, streamline, or provide relief
from miscellaneous regulatory requirements. By adopting these
deregulatory amendments, PHMSA is allowing more efficient and effective
ways of transporting hazardous materials in commerce while maintaining
an equivalent level of safety.
DATES:
Effective date: This rule is effective December 7, 2018.
Incorporation by reference date: The incorporation by reference of
certain publications listed in this final rule is approved by the
Director of the Federal Register as of December 7, 2018.
Voluntary compliance date: November 7, 2018.
Delayed compliance date: Unless otherwise specified, compliance
with the amendments adopted in this final rule is required beginning
November 7, 2019.
FOR FURTHER INFORMATION CONTACT: Steven Andrews, (202) 366-8553,
[email protected], Office of Hazardous Materials Standards,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Background
A. Notice of Proposed Rulemaking
B. Commenters
III. Discussion of Amendments and Applicable Comments
A. General Comments
B. Comments Beyond the Scope of This Rulemaking
C. Provisions Not Adopted in This Final Rule and Discussion of
Comments
D. Provisions Adopted in This Final Rule and Discussion of
Comments
1. Cargo Tank Specification
2. Chlorine Institute Publications
3. International Label and Placard Consistency
4. Limited Quantities of Ammonium Nitrate by Vessel
5. Use of Combination Packages Tested With a Liquid
6. Shipping Names for Roadway Striping Vehicles
7. Toxic by Inhalation Tank Car Lifespan
8. Limited Quantity Pallets
9. Emergency Response Numbers
10. Units of Measurement for Limited Quantities of Ethyl Alcohol
11. Cylinder Valves and Protection Caps
12. Recordkeeping Requirements for Portable Tanks
13. Printing Tolerances for Labels and Placards
14. Incorporation of Department of Defense Standards
15. Service Pressure Marking for DOT 8 and DOT 8L Cylinders
16. Incorporation of CGA Publication
17. Use of Electronic Manifest
18. Marked Date of Manufacture on Composite IBCs
19. Basis Weight Tolerances for Liners and Mediums Used in the
Manufacture of Specification UN 4G Fiberboard Boxes
IV. Section-by-Section Review
V. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
B. Executive Order 12866, Executive Order 13563, Executive Order
13610, Executive Order 13771, 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. Regulation Identifier Number (RIN)
H. Unfunded Mandates Reform Act
I. Environmental Assessment
J. Privacy Act
K. Executive Order 13609 and International Trade Analysis
L. National Technology Transfer and Advancement Act
List of Subjects
I. Executive Summary
In response to petitions for rulemaking submitted by the regulated
community, PHMSA is amending the Hazardous Materials Regulations (HMR;
49 CFR parts 171-180) to update, clarify, streamline, or provide relief
from miscellaneous regulatory requirements. Specifically, PHMSA is:
Incorporating by Reference (IBR) multiple publications
from the Compressed Gas Association (CGA), the Chlorine Institute, and
the Department of Defense (DoD).
Revising the table in Sec. 180.407(g)(1)(iv) to make this
section consistent with the applicable packaging specification (e.g.,
Sec. 178.347).
Addressing inconsistencies with domestic and international
labels and placards.
Revising Sec. 173.150(g) include the use of the
International System of Units (SI).
Excepting limited quantities of ``UN1942, Ammonium
nitrate'' from requiring permission from the Captain of the Port (COTP)
before being loaded or unloaded from a vessel at a waterfront facility.
Allowing for combination non-bulk packagings that are
tested and marked for a liquid hazardous material to be filled with a
solid hazardous material.
Including an additional hazardous material description for
transport in roadway striping vehicles.
Extending the service life of interim compliant toxic
inhalation hazard (TIH) tank cars to the full service life of all other
tank cars.
Allowing the use of plastic, metal, or composite pallets
to transport materials classed and marked as limited quantities.
No longer mandating that excepted quantities comply with
the emergency response telephone requirement.
Harmonizing the recordkeeping requirements for portable
tanks.
Allowing for printing tolerances for labels and placards.
Allowing electronic signatures for Environmental
Protection Agency (EPA) manifest forms.
No longer requiring the service pressure to be marked on
Department of Transportation (DOT) 8 and 8L cylinders.
Acknowledging that the marked date of manufacture on a
composite intermediate bulk container (IBC) may differ from the marked
date of manufacture on the inner receptacle of that IBC.
Revising the basis weight tolerance for fiberboard boxes
from +/- 5% to +/- 10% from the nominal basis weight reported in the
initial design qualification test report.
II. Background
A. Notice of Proposed Rulemaking
On June 30, 2016, PHMSA (also ``we'' or ``us'') published in the
Federal Register a notice of proposed rulemaking (NPRM) titled,
``Hazardous Materials: Miscellaneous Petitions for Rulemaking (RRR)''
under Docket No. PHMSA-2016-0102 (HM-219A). This deregulatory
rulemaking action is part of PHMSA's retrospective review efforts that
are designed to identify ways to improve the HMR.
[[Page 55793]]
The Administrative Procedure Act (APA) requires Federal agencies to
give interested persons the right to petition an agency to issue,
amend, or repeal a rule. See 5 U.S.C. 553(e). PHMSA's rulemaking
procedure regulations in 49 CFR 106.95 establish a process for persons
to ask PHMSA to add, amend, or delete a regulation by filing a petition
for rulemaking containing adequate support for the requested action.
The HM-219A NPRM responded to 19 petitions for rulemaking submitted to
PHMSA by various stakeholders. In the NPRM, we proposed to amend the
HMR to update, clarify, or provide relief from miscellaneous regulatory
requirements at the request of the regulated community.
PHMSA received 26 public comments in response to the above
amendments proposed in the June 30, 2016 NPRM. These comments are
discussed in further detail in this final rule.
B. Commenters
The comment period for the June 30, 2016, NPRM closed on August 29,
2016. PHMSA received a total of 26 comments from 25 separate entities,
seven of which submitted petitions discussed in the NPRM. PHMSA
developed this final rule in consideration of the comments received to
the public docket. The comments submitted to this docket may be
accessed via http://www.regulations.gov. The following persons,
companies, and associations submitted comments to the HM-219A NPRM:
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Aaron Adamczyk......................... https://www.regulations.gov/document?D=PHMSA-2015-0102-0011 0011.
Alaska Airlines........................ https://www.regulations.gov/document?D=PHMSA-2015-0102-0010 0010.
American Chemistry Council (ACC)....... https://www.regulations.gov/document?D=PHMSA-2015-0102-0016 0016.
Association of American Railroads (AAR) https://www.regulations.gov/document?D=PHMSA-2015-0102-0022 0022.
Association of Hazmat Shippers, Inc. https://www.regulations.gov/
(AHS). document?D=PHMSA-2015-0102-
0024.
Clifford Bartley....................... https://www.regulations.gov/document?D=PHMSA-2015-0102-0026 0026.
Council on Safe Transportation of https://www.regulations.gov/
Hazardous Articles (COSTHA). document?D=PHMSA-2015-0102-
0023.
Dangerous Goods Advisory Council (DGAC) https://www.regulations.gov/document?D=PHMSA-2015-0102-0025 0025.
Daniel Shelton......................... https://www.regulations.gov/document?D=PHMSA-2015-0102-0004 0004.
Donald Hausmann........................ https://www.regulations.gov/document?D=PHMSA-2015-0102-0007 0007.
Dow Chemical Company (Dow)............. https://www.regulations.gov/document?D=PHMSA-2015-0102-0015 0015.
Fibre Box Association.................. https://www.regulations.gov/document?D=PHMSA-2015-0102-0006 0006.
Healthcare Distribution Alliance (HDA). https://www.regulations.gov/document?D=PHMSA-2015-0102-0018 0018.
Institute of Makers of Explosives (IME) https://www.regulations.gov/document?D=PHMSA-2015-0102-0013 0013.
International Vessel Operators https://www.regulations.gov/
Dangerous Goods Association (IVODGA). document?D=PHMSA-2015-0102-
0020.
Mark Borth............................. https://www.regulations.gov/document?D=PHMSA-2015-0102-0027 0027.
National Propane Gas Association (NPGA) https://www.regulations.gov/document?D=PHMSA-2015-0102-0021 0021.
Norris Cylinder........................ https://www.regulations.gov/document?D=PHMSA-2015-0102-0002 0002.
Norris Cylinder........................ https://www.regulations.gov/document?D=PHMSA-2015-0102-0003 0003.
Railway Supply Institute (RSI)--Railway https://www.regulations.gov/
Supply Institute Committee on Tank document?D=PHMSA-2015-0102-
Cars (RSICTC). 0014.
Reusable Industrial Packaging https://www.regulations.gov/
Association (RIPA). document?D=PHMSA-2015-0102-
0028.
The Chlorine Institute................. https://www.regulations.gov/document?D=PHMSA-2015-0102-0019 0019.
The Fertilizer Institute (TFI)......... https://www.regulations.gov/document?D=PHMSA-2015-0102-0017 0017.
Truck Trailer Manufacturers Association https://www.regulations.gov/
(TTMA). document?D=PHMSA-2015-0102-
0012.
VWR International, LLC................. https://www.regulations.gov/document?D=PHMSA-2015-0102-0005 0005.
William Briner......................... https://www.regulations.gov/document?D=PHMSA-2015-0102-0008 0008.
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III. Discussion of Amendments and Applicable Comments
Section III discusses the proposals that are being adopted, as well
as those not being adopted, into the HMR as part of this rulemaking.
A. General Comments
This final rule, and the NPRM that preceded it, are part of PHMSA's
retrospective regulatory review efforts, and is in response to
petitions for rulemaking by the regulated community. Its intent is to
update, clarify, or provide relief from miscellaneous regulatory
requirements. The NPRM provided an opportunity for further public
participation in the development of the regulatory amendments and
promoted exchange of information and perspectives among the various
stakeholders.
PHMSA received comments from 25 entities. The comments were
comprehensive and raised important issues to be addressed. PHMSA fully
considered all comments in the development of this final rule. This
final rule preamble contains a detailed description of the original
proposals in the June 30, 2016 NPRM, a summary of the comments
received, a response to those comments, and an explanation of PHMSA's
decisions for each petition proposed in the NPRM.
B. Comments Beyond the Scope of This Rulemaking
This section discusses the comments to the HM-219A NPRM that
provided suggestions for additional revisions that were not
specifically addressed in the NPRM. Based on an assessment of the
proposed changes and the comments received, PHMSA identified two
comments as beyond the scope of this rulemaking action.
PHMSA received a comment from the Association of American Railroads
(AAR) related to petition P-1646 and the phase out of tank cars
constructed of non-normalized steel. While PHMSA has accepted this
petition for a future rulemaking, it is not being addressed in this
final rule. PHMSA will use AAR's comments if a future NPRM is developed
on the referenced petition P-1646.
PHMSA also received a comment from Mr. Adam Adamczyk, who suggested
that PHMSA incorporate by reference numerous standards from the
American National Standards Institute (ANSI), American Society of
Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE),
American Society for Testing and Materials (ASTM), and the American
Welding Society (AWS). PHMSA did not propose the incorporation of these
standards in the NPRM and thus is not incorporating the standards in
this final rule. However, PHMSA suggests the commenter submit a
petition in accordance with Sec. 106.95 of the HMR for any IBR
standards the
[[Page 55794]]
commenter would suggest including in a future rulemaking.
C. Provisions Not Adopted in This Final Rule and Discussion of Comments
This section discusses the changes proposed in the NPRM that are
not being adopted in this final rule. In the preamble to the NPRM,
PHMSA inadvertently included a section on petition P-1655 from the
Dangerous Goods Trainers Association (DGTA). PHMSA did not propose any
regulatory text and is therefore not addressing this petition at this
time. PHMSA anticipates addressing this petition in a future
rulemaking.
D. Provisions Adopted in This Final Rule and Discussion of Comments
This section discusses the changes proposed in the NPRM and the
comments received in response. Based on an assessment of the proposed
changes and the comments received, PHMSA is adopting the following
provisions in this final rule. Also, to clearly identify the issues
addressed in this rule, PHMSA provides the following list of adopted
amendments discussed in this section:
1. Cargo Tank Specification
In petition P-1615, The Walker Group requested revisions to the
table in Sec. 180.407(g)(1)(iv) to make this section consistent with
the applicable packaging specification (e.g., Sec. 178.347). A cargo
tank manufactured to the requirements of the applicable DOT
specifications has to be tested in accordance with the HMR. Currently,
the design specifications for cargo tanks in Sec. 178.320 contain
general requirements applicable to all cargo tanks. The design
specifications, including the test pressures for older cargo tanks that
are no longer authorized for manufacture but still authorized for use,
were last found in the 1985 edition of the HMR (e.g., MC 306--Sec.
178.341-7; MC 307--Sec. 178.342-7; MC 312--Sec. 178.343-7).
This petition seeks to eliminate confusion by changing the
regulations to allow the use of the marked test pressure on the cargo
tank nameplate as the requalification test pressure and to amend every
entry in the Sec. 180.407(g)(1)(iv) test pressure table by beginning
the entries with the phrase, ``[t]he test pressure on the nameplate
(specification plate).'' PHMSA conducted a technical and policy review
of the petition. Instead of modifying every test pressure entry as
suggested by the petitioner, PHMSA proposed in the NPRM that revisions
should only apply to certain cargo tank specifications (DOT 407, MC
304, and MC 307) to harmonize the periodic hydrostatic testing required
by part 180 with the initial testing for the applicable packaging
specification prescribed in part 178. The proposed revisions aimed to
further clarify that test pressures (in case of periodic pneumatic
testing required by part 180) are already consistent with the initial
testing for the applicable packaging specification prescribed in part
178.
In response to the proposal, PHMSA received comments from Daniel
Shelton, Truck Trailer Manufacturers Association (TTMA), and National
Propane Gas Association (NPGA). NPGA noted a discrepancy in the
preamble text and proposed regulatory text. Specifically, NPGA
referenced the preamble text that identifies revisions to certain cargo
tank specifications for hydrostatic testing of DOT 407, MC 304, and MC
307. However, NPGA noted that the proposed regulatory text adds the
increased test pressure for all cargo tanks, rather than just those
specifications identified in the preamble. NPGA requested that PHMSA
resolve the discrepancy to ensure it is consistent with both the
administration and the petitioner's intent. PHMSA agrees with the
commenter and is adding to each entry the phrase, ``The test pressure
on the name plate or specification plate, or 1.5 times the MAWP,
whichever is greater.''
Daniel Shelton requested PHMSA adopt the increased test pressure
requirements for MC 306 cargo tanks in addition to the proposed
language. Specifically, the suggestion stemmed from industry confusion
on the appropriate test pressure that should be used for cargo tanks.
PHMSA agrees and, as stated above, is adding the revised language to
all entries in Sec. 180.407(g)(1)(iv).
TTMA supported the petition and the proposed amendment but noted a
minor error in the table for the DOT 412 entry. TTMA believed this note
should read: ``[t]he test pressure on the name plate or specification
plate, or 1.5 times the MAWP, whichever is greater.'' PHMSA agrees with
TTMA and is adding ``or'' as appropriate to the table in Sec.
180.407(g)(1)(iv).
2. Chlorine Institute Publications
In petition P-1619, the Chlorine Institute requested that updates
to publications currently listed in Sec. 171.7(l)--specifically Sec.
171.7(l)(1), (2), (5), and (12)--and referenced in various sections of
the HMR be incorporated by reference. PHMSA conducted a review of these
publications and found them suitable to propose incorporation into the
HMR. In the NPRM, PHMSA proposed to include the following updated
documents in the referenced material:
Chlorine Institute Emergency Kit ``A'' for 100-lb. & 150-
lb. Chlorine Cylinders, Edition 12, Revision 2, July 2014. Emergency
Kit ``A'' is designed for use with the standard DOT 3A480 and 3AA480
100 and 150-pound capacity cylinders in chlorine service only.
Emergency Kit ``A'' contains devices and tools to contain leaks in and
around the cylinder valve and in the side wall of chlorine cylinders.
The Chlorine Institute Emergency Kit ``A'' is the only chlorine
emergency kit for chlorine cylinders that is manufactured to the design
specifications of the Chlorine Institute. Under certain circumstances
U.S. DOT regulations permit transportation of a chlorine cylinder with
an Emergency Kit ``A''. See 49 CFR 173.3(e).
Chlorine Institute Emergency Kit ``B'' for Chlorine Ton
Containers, Edition 11, Revision 1, July 2014. Emergency Kit ``B'' is
designed for use with the standard DOT 106A500X chlorine ton container
and can also be used with 110A500W in chlorine service. Emergency Kit
``B'' contains devices and tools to contain leaks in and around the ton
container valves and in the side wall of ton containers. The Chlorine
Institute Emergency Kit ``B'' is the only chlorine emergency kit for
ton containers that is manufactured to the design specifications of The
Chlorine Institute. Under certain circumstances U.S. DOT regulations
permit transportation of a chlorine ton container with an Emergency Kit
``B''. See 49 CFR 173.3(e).
Pamphlet 57, Emergency Shut-Off Systems for Bulk Transfer
of Chlorine, Edition 6, June 2015. This pamphlet covers the recommended
practices for emergency shut-off protection during chlorine transfers
involving bulk containers.
Pamphlet 168, Guidelines for Dual Valve Systems for Bulk
Chlorine Transport, Edition 2, July 2015. The purpose of this pamphlet
is to set forth performance/selection criteria that should be utilized
in identifying dual valve systems for bulk chlorine transportation
applications (i.e., tank cars, cargo tanks and barges). These
configurations are intended to meet U.S. Department of Transportation
(DOT) and Transport Canada (TC) performance requirements. This pamphlet
contains information pertaining to standardizations, performance/design
criteria, operational considerations and installation considerations,
as well as an
[[Page 55795]]
appendix that includes valve manufacturer information.
PHMSA received comments from the Chlorine Institute in relation to
this petition. The Chlorine Institute supported PHMSA's incorporation
of the IBR documents. The Chlorine Institute further believed that this
would eliminate the need for certain special permits (specifically SP-
16102, which allows transportation of equipment designed in accordance
with Edition 11, Revision 1, of the Emergency Kit ``B'' (B-Kit)
instruction booklet). PHMSA agrees and is therefore adopting the
changes in Sec. 171.7(l) to incorporate the most recent Chlorine
Institute publications as proposed.
3. International Label and Placard Consistency
In petition P-1620, Labelmaster Services requested revisions to the
HMR to address inconsistencies between international and domestic
labels and placards. Specifically, the petition requested revisions to
Sec. Sec. 172.519(f) and 172.407(f) of the HMR to allow for the use of
labels and placards conforming to the specifications in the United
Nations Recommendations on the Transport of Dangerous Goods (UN
Recommendations), the International Civil Aviation Organization
Technical Instructions on the Safe Transport of Dangerous Goods by Air
(ICAO Technical Instructions), the International Maritime Dangerous
Goods (IMDG) Code, or the Transport Canada Transportation of Dangerous
Goods (TDG) Regulations.
Upon reviewing the petition, PHMSA found that the requested changes
are likely to clarify some regulatory requirements and provisions that
exist for the transportation of hazardous materials internationally,
and are not likely to be onerous or costly for the regulated community.
In the NPRM, PHMSA proposed revisions to Sec. Sec. 172.519(f) and
172.407(f) of the HMR to allow for the use of labels and placards
conforming to the specifications in the UN Recommendations, ICAO
Technical Instructions, IMDG Code, or TDG Regulations.
In response to the proposed changes in the NPRM, PHMSA received
comments from Clifford Bartley, Council on the Safe Transport of
Hazardous Articles (COSTHA), and International Vessel Operators
Dangerous Goods Association (IVODGA). All commenters expressed support
for PHMSA adopting these provisions as written. Additionally, COSTHA
added that the proposed changes would not increase the burden on
shippers. PHMSA agrees with the commenters and is therefore
incorporating the changes in Sec. Sec. 172.519(f) and 172.407(f) of
the HMR as proposed.
4. Limited Quantities of Ammonium Nitrate by Vessel
In petition P-1624, Horizon Lines, LLC requested that Sec.
176.415(b) be revised to except limited quantities of ``UN1942,
Ammonium nitrate'' from requiring permission from the Captain of the
Port (COTP) before being loaded or unloaded from a vessel at a
waterfront facility. This petition for rulemaking is in response to
previous changes to the HMR that will eliminate the Other Regulated
Materials Domestic (ORM-D) classification.
Specifically, Horizon Lines expressed concern that while the change
from ORM-D to limited quantities is good for harmonization and the
industry overall, the change has had some unintended negative
consequences for shippers and vessel operators. Specifically, Horizon
Lines identified having to reclassify ``UN1942, Ammonium nitrate''
products that would have previously shipped as ORM-D as being shipped
under the limited quantities exception. Horizon Lines believes the HMR
requires that ``UN1942, Ammonium nitrate, 5.1'' be moved under a United
States Coast Guard (USCG) permit regardless of the quantity shipped.
Upon review of the petition, PHMSA found that shipping ``UN1942,
Ammonium nitrate, 5.1'' as a limited quantity instead of ORM-D will put
a higher burden of cost on both the shipper and the vessel operator,
without increasing safety, because they must continue to abide by the
requirements in Sec. 176.415(c)(4) to obtain a permit. Section
176.415(b) already provides exceptions for ``UN1942, Ammonium nitrate''
when shipped in a rigid packaging with a noncombustible inside
packaging and ``UN2067, Ammonium nitrate fertilizer'' when the nearest
COTP is notified at least 24 hours in advance of any loading or
unloading in excess of 454 kg (1,000 pounds). In the NPRM, PHMSA
proposed an exception for ``UN1942, Ammonium nitrate'' when shipped as
a limited quantity to require written notification to the USCG at least
24 hours prior to loading this type of cargo.
In response to the proposed changes in the NPRM, PHMSA received
comments from Clifford Bartley, Institute of Makers of Explosives
(IME), COSTHA, and IVODGA. All commenters expressed support for PHMSA
adopting these provisions. However, IME disagreed that the proposed
exception should only apply to ``limited quantities'' of ``UN1942,
Ammonium nitrate fertilizer.'' IME recommended that PHMSA extend the
proposed exception to any amount of UN1942, not just limited
quantities.
IME's comment is outside the scope of the petition. One of the main
justifications for supporting P-1624 was limiting the scope of the
exception to ``limited quantities,'' as these materials were previously
classed ORM-D at the same quantity limits and therefore were exempt
from Sec. 176.11(e). It is also unclear from the comment what IME is
proposing or why any exemptions should apply regardless of whether or
not they are limited quantities.
5. Use of Combination Packages Tested With a Liquid
In petition P-1625, HAZMATPAC requested the allowance of the
shipment of solid materials in a package when that package has been
tested with a liquid material. Currently, Sec. 173.24a(b)(3) allows a
single or composite non-bulk packaging that is tested and marked for a
liquid hazardous material to be filled with a solid hazardous material
up to a gross mass in kilograms not exceeding the rated capacity of the
packaging in liters, multiplied by the specific gravity of the
packaging, or 1.2 if not marked. In addition, paragraphs (i), (ii), and
(iii) allow a packaging rated for a liquid Packing Group (PG) I to be
filled with a solid PG II hazardous material, a packaging rated for a
liquid PG I to be filled with a solid PG III hazardous material, and a
packaging rated for a liquid PG II to be filled with a solid PG III
hazardous material.
In the NPRM, PHMSA proposed to revise Sec. 173.24a(b)(3) to allow
combination packages tested with liquids to transport solid materials.
In response to the proposed changes in the NPRM, PHMSA received
comments from COSTHA, Dangerous Goods Advisory Council (DGAC), Reusable
Industrial Packaging Association (RIPA), and Donald Hausmann. Mr.
Hausmann supported the proposed requirement, stating that these
revisions would improve shipping options for solid material shippers
without hindering safety concerns. In its comments, COSTHA stated it
cannot support or oppose the proposed revision, as further
clarification is needed on PHMSA's intentions for revising Sec.
173.24a(b)(1) and (3). Specifically, COSTHA indicated that the proposed
regulatory language erroneously compares specific gravity to the gross
mass of the package and vice versa. COSTHA provided the following
language, which they believe PHMSA
[[Page 55796]]
intended to incorporate in this section: ``A Packing Group I packaging
may be used for a Packing Group II material with a specific gravity not
exceeding the greater of 1.8, or 1.5 times the specific gravity marked
on the packaging, or with the gross mass of the package not exceeding
1.5 times the gross mass marked on the packaging, provided all the
performance criteria can still be met with the higher specific gravity
material.'' RIPA also noted that the proposed language to Sec. 173.24a
as ``or gross mass of the package'' is inexact and confusing. RIPA
commented that in most cases ``gross mass'' is not marked on package
tested for a liquid. RIPA believed PHMSA should ensure that the upper
limit of 400 kg net mass for the definition of non-bulk packages would
not be exceeded when using this section. RIPA also noted that PHMSA
specified in the preamble that the adoption of P-1625 was for
combination packages; however, combination packages are not referenced
in the proposed regulatory text of Sec. 173.24a. RIPA indicated their
belief that combination packages were not eligible for filling
provisions of solids in liquid rated packages because of safety
concerns and that the exclusion of combination packages is correct if
safety can be shown as a risk.
PHMSA agrees with COSTHA's proposed language with respect to the
gross mass of the package and is updating the language in this final
rule to accurately reflect the intention of the NPRM. PHMSA is also
adding a statement stating that ``packages shall not exceed 400 kg'' to
ensure only non-bulk packages could be used in this section. PHMSA is
also removing the text for single and composite (thus encompassing all
non-bulk packages) to clarify that it was PHMSA's intent in the NPRM to
allow for single, combination, and composite packages to be able to use
this section. While RIPA did note some safety concerns with including
combination packages in this section, PHMSA believes the concerns are
unfounded. PHMSA believes the factors used to convert between the
different packing groups correspond with the multiples between the drop
test heights, accounting for the change in testing needed to certify a
package for a greater weight at a lower packing group.
6. Shipping Names for Roadway Striping Vehicles
In petition P-1634, 3M Company requested an amendment to the table
in Sec. 173.5a(c)(l) to include an additional hazardous material
description for transport in roadway striping vehicles. Specifically,
3M requested the addition of UN2735 ``Amines, Liquid, Corrosive,
n.o.s., 8, III'' or ``Polyamines, Liquid, Corrosive, n.o.s., 8, III''
when used as a catalyst.
The table in Sec. 173.5a(c)(1) currently lists ``UN3267, Corrosive
liquid basic, organic, n.o.s.'' as a catchall for corrosive liquids,
while at the same time Sec. 172.101(c)(10)(iii) reads, ``[a] mixture
or solution meeting the definition of one or more hazard class that is
not identified in the Table specifically by name, comprised of two or
more hazardous materials in the same hazard class, must be described
using an appropriate shipping description (e.g., `Flammable liquid,
n.o.s.').'' Further, commodities that can be described explicitly (not
comprised of two or more hazardous materials) should be listed by ``the
name that most appropriately describes the material,'' with the example
being an alcohol not listed by its technical name in the table being
described as ``Alcohol, n.o.s'' rather than ``Flammable liquid,
n.o.s.'' Because an amine compound is the single hazardous corrosive
component in 3M's pavement marking liquid, PHMSA believes this change
will not result in measurable economic or safety impacts. In the NPRM,
PHMSA proposed to add proper shipping names to the list of authorized
materials in Sec. 173.5a(c)(1).
PHMSA received no comments either supporting or opposing this
proposal. Therefore, PHMSA is incorporating the changes to Sec.
173.5a(c)(l) as proposed to allow the shipping descriptions ``UN2735,
Amines, Liquid, Corrosive, n.o.s., 8, III'' or ``Polyamines, Liquid,
Corrosive, n.o.s., 8, III'' when used as a catalyst.
7. Toxic by Inhalation Tank Car Lifespan
In petition P-1636, the Chlorine Institute requested that PHMSA
extend the service life of interim compliant toxic inhalation hazard
(TIH) tank cars to the full service life of all other tank cars as
allowed in Sec. 215.203 of the Federal Railroad Administration (FRA)
regulations. Specifically, the Chlorine Institute requested a revision
to paragraph Sec. 173.31(e)(2)(iii), which specifies a 20-year
allowable service life for tank cars transporting TIH materials that
were built to specifications contemplated in the HM-246 rulemaking
because of an expected delay of at least 8 to 10 years before a
permanent TIH design standard and specification would be available from
the Advanced Tank Car Collaborative Research Program (ATCCRP).
Although the plain language of Sec. 173.31(e)(2)(iii) limits the
authorized service life of tank cars meeting the relevant
specifications to 20 years from the date of the cars' construction, the
final rule in which PHMSA adopted this 20-year service life made clear
that tank cars built to these specifications were intended as an
interim solution to then-existing market conditions. (74 FR 1770; Jan.
13, 2009). These interim tank car specifications were intended to make
immediate safety improvements in tank car construction and to ensure
the ongoing availability of tank cars for the transportation of TIH
materials while the Department moved forward with the development and
validation of an enhanced performance standard for TIH tank cars and
the incorporation of such an enhanced standard into the HMR. With the
understanding of the interim nature of these cars, PHMSA intended the
20-year authorized service life to guarantee tank car owners a
reasonable service life for the cars, even if the Department were to
issue a new tank car standard in the years immediately following the
2009 final rule [74 FR 1770]. The Department is still working towards
developing and implementing an enhanced performance standard for TIH
materials tank cars. PHMSA's review of the petition found that there is
likely economic merit in undertaking a rulemaking as requested. In the
NPRM, PHMSA proposed to revise Sec. 173.31(e)(2)(iii) to remove the
20-year service life, which will allow continued use of the interim
compliant TIH tank cars to the full service life of all other tank
cars, as allowed in Sec. 215.203.
In response to the proposed changes in the NPRM, PHMSA received
comments from American Chemistry Council (ACC), Railway Supply
Institute (RSI), Dow Chemical, Railway Supply Institute Committee on
Tank Cars (RSICTC), and DGAC. All commenters expressed support to
extend the service life of TIH tank cars as proposed. RSICTC added that
extending the service life of the TIH tank cars would provide an
economic incentive for further investment in tank cars with at least a
50 percent improvement in crashworthiness. PHMSA agrees with the
commenters and is therefore incorporating the changes in Sec.
173.31(e)(2)(iii) to remove the 20-year service life, which will extend
the use of the interim compliant TIH tank cars to the full service life
of all other tank cars as allowed in Sec. 215.203.
PHMSA received a petition for rulemaking (P-1691) from the American
Association of Railroads (AAR)/The Chlorine Institute/American
Chemistry Council (ACC)/The Fertilizer Institute/Railway Supply
Institute (RSI) on December 16, 2016, requesting that PHMSA revise the
HMR to make the
[[Page 55797]]
``interim'' tank car specifications issued as part of the HM-246 final
rule be considered the ``final'' specifications. On September 18, 2017,
PHMSA accepted the petition, and if a future NPRM is developed PHMSA
will address the issue in that rulemaking. Please see the docket for P-
1691 \1\ for additional information.
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\1\ https://www.regulations.gov/docket?D=PHMSA-2016-0164.
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8. Limited Quantity Pallets
In petition P-1638, Labelmaster Services requested a revision to
the HMR that would allow the use of plastic or metal pallets to
transport materials classed and marked as limited quantities. The
petition specifically requested that PHMSA revise Sec.
173.156(b)(2)(iii), which specifies these materials be secured to a
wooden pallet, to also specify that they could be secured to a plastic
or metal pallet.
PHMSA's review of the petition found that there is likely economic
merit in undertaking a rulemaking as requested. In addition, a
technical review of the petition found there should be no decrease in
safety due to the proposed change. The changes suggested by this
petition would allow transporters greater flexibility in their choice
of pallets, with possible accompanying cost savings. In the NPRM, PHMSA
proposed to revise Sec. 173.156(b)(2)(iii) to allow for the use of
metal, plastic, or composite pallets used to ship limited quantities of
hazardous materials.
In response to the proposed changes in the NPRM, PHMSA received
comments from Healthcare Distribution Alliance (HDA), COSTHA, and DGAC.
All commenters expressed support for the proposal. In addition, COSTHA
specified that it should be reiterated that the hazardous materials
should be compatible with the pallet material. PHMSA agrees and is
revising Sec. 173.156(b)(2)(iii) to allow for the use of metal,
plastic, or composite pallets to ship limited quantities of hazardous
materials, provided the hazardous materials will not react with the
pallet material.
9. Emergency Response Numbers
In petition P-1639, Horizon Lines, LLC requested an exception to
the requirement in Sec. 172.604(d)(1) to provide an emergency response
telephone number, suggesting that an emergency response telephone
number no longer be required on a shipping paper for excepted
quantities of hazardous materials. This change would be consistent with
how PHMSA treats limited quantities of hazardous materials.
Specifically, the petitioner asked PHMSA to revise Sec. 172.604(d)(1)
so that it may be applicable to limited quantities and excepted
quantities.
This modification is justified because excepted quantity weights
are less than the already exempted limited quantity weights. In
addition, this revision will harmonize the emergency response number
requirements with the IMDG Code, which does not require an emergency
response telephone number on the dangerous goods documentation (or
anywhere else) for any excepted material; however, all hazardous
materials, including those in excepted quantities, must comply with
Section 5.4.3.2 of the IMDG Code, which requires emergency response
information to be communicated in ways other than a phone number, such
as a Safety Data Sheet (SDS). PHMSA's review of the petition found that
there is likely economic merit in undertaking a rulemaking as requested
without any decrease to safety. In the NPRM, PHMSA proposed to revise
Sec. 172.604(d)(1) to no longer require an emergency response
telephone number on a shipping paper be provided for excepted
quantities of hazardous materials.
In response to the proposed changes in the NPRM, PHMSA received
comments from AAR, COSTHA, IVODGA, DGAC, Clifford Bartley, the
Fertilizer Institute (TFI), HAD, and the Chlorine Institute. All
commenters expressed support for the proposal. Therefore, PHMSA is
incorporating the changes to Sec. 172.604(d)(1) as proposed to no
longer require an emergency response telephone number be provided on a
shipping paper for excepted quantities of hazardous materials.
10. Units of Measurement for Limited Quantities of Ethyl Alcohol
In petition P-1640, the Association of HAZMAT Shippers (AHS)
requested that the units of measure included in Sec. 173.150(g), which
addresses limited quantities of retail products containing ethyl
alcohol, be converted to the International System of Units (SI units)
because SI units are used elsewhere in the HMR. SI units are typically
used in the manufacturing of inner receptacles. PHMSA's review of the
petition found that there is likely economic merit in undertaking a
rulemaking as requested without any decrease to safety. In the NPRM,
PHMSA proposed to revise Sec. 173.150(g) to convert measurements to SI
units.
In response to the proposed changes in the NPRM, PHMSA received
comments from AHS, VWR International, LLC, and COSTHA. AHS expressed
appreciation for incorporation of its petition, which addressed the
lack of metric units in Sec. 173.150(g). However, AHS noted that the
NPRM did not fully address the original petition, which further
requested incorporation of the original scope of Special Permit 9275
into Sec. 173.150(g) that included language allowing ``items suitable
for retail sale'' to be included in the exception. PHMSA notes that in
our response to AHS's petition, we denied the portion requesting the
incorporation of the term ``suitable for retail'' sale in Sec.
173.150(g). Therefore, PHMSA did not propose in the NPRM to include the
terms ``suitable for retail sale'' and as such we are not incorporating
the term ``suitable for retail sale'' in this final rule.
AHS also commented that there are inconsistencies with the
incorporation of SI units in Sec. 173.150(g). Specifically, AHS noted
that as specified in Sec. 171.10, when SI units are displayed, they
are the controlling standard, and when U.S. units appear in
parentheses, they are for additional information. AHS noted that their
petition originally requested that PHMSA incorporate SI units as the
controlling standard and U.S. units in parentheses, which is opposite
to the proposed language in the NPRM. Therefore, AHS requested that the
intent of the original petition be incorporated. Furthermore, AHS, VWR
International, LLC, and COSTHA provided conversions between SI and U.S.
units, which they ask to be changed. PHMSA agrees with the commenters
and is correcting the regulatory text in Sec. 173.150(g) to show the
SI unit as the controlling units in this final rule.
11. Cylinder Valves and Protection Caps
In petition P-1641, CGA proposed to add new paragraphs Sec.
173.301(a)(11) and (12). The proposed changes concern valve
requirements for cylinders as outlined in ``CGA V-9-2012, Compressed
Gas Association Standard for Compressed Gas Cylinder Valves, Seventh
Edition.'' Specifically, CGA requested that cylinder valves and
cylinder valve protection caps manufactured on or after May 4, 2019, be
required to conform to the requirements in ``CGA V-9-2012, Compressed
Gas Association Standard for Compressed Cylinder Valves, Seventh
Edition.'' Justifications for this request include ensuring
standardization of cylinder valve designs and providing guidance to
users on proper selection of valves. PHMSA's review of the petition
found that there is likely economic merit in undertaking a rulemaking
as requested without any decrease to safety. In the NPRM,
[[Page 55798]]
PHMSA proposed to add new paragraphs to Sec. 173.301(a)(11) and (12)
to the HMR to conform to the new standards for cylinder valves and caps
as outlined in ``CGA V-9-2012, Compressed Gas Association Standard for
Compressed Gas Cylinder Valves, Seventh Edition.''
In response to the proposed changes in the NPRM, PHMSA received
comments from Dow Chemical, COSTHA, NPGA, and DGAC. While commenters
expressed support for the proposed changes, DGAC and Dow were concerned
that the proposed requirements may not be appropriate or feasible for
materials identified under the Hazardous Materials Table (HMT) entries
for ``chemical under pressure,'' such as UN3500 and UN3503.
Specifically, DGAC noted that the valves may not be appropriate for
dispensing liquids, since they are more suitable for dispensing a
``true gas'' and may not be suitable for valves meeting CGA V-9-2012
requirements. As an alternative to the proposed regulatory language,
Dow suggested revising the requirement for CGA V-9-2012 valves to
exclude ``chemical under pressure'' from the requirements.
Alternatively, Dow suggested revising Sec. 173.335(a) to except these
materials from the proposed requirements in Sec. 173.301(a)(11) and
(12). In addition, Dow, DGAC, COSTHA, and NPGA requested a sufficient
and significant delay to allow time to comply with the retrofit in
replacing existing valves. DGAC noted that a May 4, 2015, retrofit date
would cause significant cost to industry in order to replace stainless
steel valves for these cylinders, with a cost estimate of approximately
$2.3 million. COSTHA also commented that it is unclear if the second
sentence in proposed Sec. 173.301(a)(11) and (12) provides mandatory
exceptions for UN Pressure Receptacles or additional requirements.
PHMSA's Office of Hazardous Materials Safety is revising the HMR to
ensure that cylinder valves follow uniform construction and performance
standards for improved transportation safety of cylinders containing
hazardous materials. PHMSA agrees with commenters that an exception
from the valve requirements should be made for those chemicals under
pressure regulated under Sec. 173.335. Therefore, PHMSA is
implementing Dow's proposal to revise the requirements for chemicals
under pressure in Sec. 173.335(a) to provide an exception to conform
to the new standards for cylinder valves and caps in the new
requirements in Sec. 173.301(a)(11) and (12). PHMSA is also extending
the compliance date to give a grace period of one year after the
rulemaking becomes effective to comply with the new valve cap
requirements in Sec. 173.301(a)(11) and (12). PHMSA is further
clarifying that the second sentence in Sec. 173.301(a)(11) and (12)
provides additional requirements for UN Pressure Receptacles.
NPGA noted that CGA's petition states that Liquefied Petroleum Gas
(LPG) cylinder valves and valve protection systems would not be
affected by the adoption of CGA V-9-2012 because LPG cylinders are
already listed by National Fire Protection Association (NFPA) 58.
However, NPGA noted that NPFA 58 does not require cylinder valves to be
listed but does require that they comply with ANSI 1769, which is
different than being listed. Therefore, NPGA expressed concern that the
adoption of CGA V-9-2012 would conflict with the cylinder valve
requirement for cylinders used in LPG service under NFPA 58. NPGA also
noted that the proposed regulatory text for Sec. 171.7 does not
include CGA-V-9-2012.
To address the concerns of NPGA, PHMSA is revising Sec.
173.301(a)(11) to read: ``Cylinder valves used on cylinders in
liquefied petroleum gas (LPG) service are permitted to comply with the
requirements of NFPA 58, Liquefied Petroleum Gas Code.'' PHMSA also
agrees that the CGA V-9-2012 standard should be cited in Sec. 171.7
and is adding applicable regulatory text to this section.
12. Recordkeeping Requirements for Portable Tanks
In petition P-1644, HAZMAT Resources proposed to add text to Sec.
180.605(l) to address recordkeeping requirements for portable tanks.
This revision would harmonize this recordkeeping requirement with Sec.
180.417(a)(3)(ii), which addresses recordkeeping requirements for
certain cargo tank motor vehicles constructed and certified in
accordance with the ASME Code. The petitioner recommended renaming
Sec. 180.605(l) as Sec. 180.605(l)(1) and adding an additional Sec.
180.605(l)(2). This new section would include recordkeeping
requirements in line with Sec. 180.417(a)(3)(ii). PHMSA agrees this
revision as proposed would provide an alternative means of compliance
for portable tanks that has already been provided for cargo tanks.
PHMSA believes there is likely economic merit in revising this section
without a reduction in safety. In the NPRM, PHMSA proposed to revise
Sec. 180.605(l) to allow the owner of a portable tank to contact the
National Board for a copy of the manufacturer's data report, if the
portable tank was registered with the National Board, or copy the
information contained on the portable tanks specification plate and
ASME Code data plates.
PHMSA received no comments either supporting or opposing this
proposal. Therefore, PHMSA is incorporating the changes to Sec.
180.605(l) as proposed to allow the owner of a portable tank to contact
the National Board for a copy of the manufacturer's data report, if the
portable tank was registered with the National Board, or copy the
information contained on the portable tanks specification plate and
ASME Code data plates.
13. Printing Tolerances for Labels and Placards
In petition P-1650, Labelmaster Services proposed to revise
Sec. Sec. 172.407(c) and 172.519(c) of the HMR to allow printing
tolerances for labels and placards. Labelmaster noted that the printing
tolerances specified for the solid-line inner border that is parallel
to the edge is extremely difficult to maintain with standard printing
processes.
After a policy review of the petition, PHMSA agrees with
Labelmaster that the absence of a tolerance will increase printing
costs, as well as lead to inconsistent enforcement practices and
confusion on the part of businesses attempting to remain compliant,
without providing any increase in safety or hazard communication. In
the NPRM, PHMSA proposed to revise Sec. Sec. 172.407(c) and 172.519(c)
to add the word ``approximately'' to these sections to allow for
printing tolerances with respect to the solid inner border for labels
and placards. PHMSA believes that this simple fix and small change in
the HMR could reduce costs with no degradation in safety.
In response to the NPRM, PHMSA received comments from COSTHA and
DGAC in support of the proposed changes. Therefore, PHMSA is revising
Sec. Sec. 172.407(c) and 172.519(c) as proposed to add the word
``approximately'' to these sections to allow for printing tolerances
with respect to the solid inner border for labels and placards.
14. Incorporation of Department of Defense Standards
In petition P-1651, the Department of Defense (DoD) Explosives
Safety Board requested that PHMSA amend the citations in Sec.
171.7(o)(1) and (2) to include the latest detailed publications used by
the DoD in its examination and classification of explosives. PHMSA
[[Page 55799]]
reviewed and provided feedback to DoD on the proposed changes to the
manuals. Updating this manual is essential to allowing the DoD to
safely move explosives in the interest of national security.
PHMSA received no comments either supporting or opposing this
proposal. Therefore, PHMSA is incorporating the latest publications
used by the DoD in its examination and classification of explosives in
Sec. 171.7(o)(1) and (2) as proposed.
15. Service Pressure Marking for DOT 8 and DOT 8L Cylinders
In petition P-1656, Norris Cylinder proposed that PHMSA revise
Sec. 178.35(f)(7) to no longer require the marking of the service
pressure on DOT 8 and DOT 8L cylinders. After both a technical and
policy review of the petition, PHMSA agrees with Norris Cylinder there
is no safety reason to require marking the service pressure on DOT 8
and DOT 8L cylinders. In the NPRM, PHMSA proposed to revise this
section as requested by the petitioner.
In response to the proposed changes in the NPRM, PHMSA received
comments from Norris Cylinder and COSTHA. Both commenters noted a
typographical error in the proposed language in Sec. 178.35(f)(7)
specifying ``DOT 4 or 4AL cylinders,'' which should actually read ``DOT
8 and 8AL cylinders.'' This correction aligns with the original
petition, as well as the preamble text in the NPRM. Therefore, PHMSA is
revising Sec. 178.35(f)(7) to no longer require DOT 8 and 8AL
cylinders to be marked with the service pressure.
16. Incorporation of CGA Publication
In petition P-1657, CGA proposed IBR updates to the CGA publication
``CGA C-7-2014, Guide to Classification and Labeling of Compressed
Gases, Tenth Edition'' currently listed in Sec. 171.7(n)(7). This
publication has been updated to meet requirements for the U.S.
Occupational Safety and Health Administration (OSHA) and was previously
incorporated into OSHA's regulations in 2012. CGA requested that PHMSA
permit the use of the 2014 edition of CGA C-7 to keep current with
industry practices that are incorporated into Appendix A of C-7.
PHMSA's review of the petition found that there are some editorial
changes to the text of Appendix A in the 2014 edition that were added
for clarity but do not impact the use of the required labels. In the
NPRM, PHMSA proposed the incorporation by reference of ``CGA C-7-2014,
Guide to Classification and Labeling of Compressed Gases, Tenth
Edition'' into the HMR.
PHMSA received no comments either supporting or opposing this
proposal. Therefore, PHMSA is incorporating by reference ``CGA C-7-
2014, Guide to Classification and Labeling of Compressed Gases, Tenth
Edition'' as proposed.
17. Use of Electronic Manifest
In petition P-1659, COSTHA proposed to revise Sec. 172.205 to
permit the use of electronic signatures when completing an EPA form
8700-22 and 8700-22A. PHMSA reviewed and concurred with this proposed
change, believing there is likely merit without a reduction in safety.
In the NPRM, PHMSA proposed to add paragraph (j) to permit the use of
electronic signatures when completing an EPA form 8700-22 and 8700-22A.
In response to the proposed changes in the NPRM, PHMSA received
comments from HDA, AAR, COSTHA, DGAC, and Clifford Bartley. All
commenters expressed support for the proposal. Additionally, AAR noted
that ``it should be recognized that an electronic copy of the manifest
can be used to meet the three-year retention requirement.'' Therefore,
PHMSA is revising Sec. 172.205 to permit the use of electronic
signatures when completing an EPA form 8700-22 and 8700-22A and
recognizing that the electronic manifest can be used to meet the 3-year
retention requirement.
18. Marked Date of Manufacture on Composite IBCs
In petition P-1662, Rigid Intermediate Bulk Container Association
of North America (RIBCA) proposed to amend Sec. 178.703(b) to
acknowledge that the marked date of manufacture on a composite IBC may
differ from the marked date of manufacture on the inner receptacle of
that IBC. RIBCA petitioned PHMSA to propose the substance of the UN
adopted note, ``The date of manufacture of the inner receptacle may be
different from the marked date of manufacture (see 6.5.2.1), repair
(see 6.5.4.5.3) or remanufacture (see 6.5.2.4) of the composite IBC,''
as a final sentence in Sec. 178.703(b)(6)(i) to read as follows: ``The
date of manufacture of the inner receptacle may be different from the
marked date of manufacture required by Sec. 178.703(a)(1)(iv) or by
Sec. 180.352(d)(1)(iv).''
Upon review of the petition, PHMSA found that allowing the inner
receptacle and the composite IBC to have different date markings will
have no effect on the safety of the use and manufacture of IBCs.
Integrating the proposed language into the current HMR will also bring
rules for the marking of dates of manufacture on IBCs in line with
current international standards. In the NPRM, PHMSA proposed to revise
the HMR to allow the date of manufacture on the inner receptacle to be
different than on the composite IBC.
In response to the proposed changes in the NPRM, PHMSA received a
comment from RIBCA. RIBCA noted that this change will have no effect on
safety when inner receptacles and composite IBCs are stamped with
different dates reflecting manufacture or repair of a completed IBC.
However, RIBCA disagreed with the language in the NPRM that states
``provided that the retest and inspection of the IBCs be based on the
earliest marked date.'' RIBCA contested that this language should be
deleted because it is unnecessary from a safety perspective since inner
packagings are sometimes built and stored well before being installed
in composite IBCs. Therefore, as proposed, the retest and inspection
would apply to an IBC well before an inner package becomes subject to
detrimental effects, which begins when it is installed in the IBC.
RIBCA noted that this language is inconsistent with other requirements
in the regulations and more restrictive than the UN Model Regulations/
International Regulations, further noting that it would create an
additional complexity for an IBC user because they will need to compare
two different dates when determining required periodic tests and
inspection dates.
In response to these comment, PHMSA agrees to remove the language
stating ``provided that the retest and inspection of IBCs be based on
the earliest marked date.'' While PHMSA believes that including
multiple dates may make it confusing to users and may make it difficult
to know which to use, the marked date of repair is ultimately the date
that must be used to determine the next inspection date. Also, because
the repair phase of an IBC includes a leakproofness test, the 2.5-year
time period should start from that point. However, comments from
members of industry suggest that they are typically replaced in a
timeframe less than 2.5 years, so this should not make a difference.
Therefore, PHMSA is revising the changes to Sec. 178.703(b) to remove
the above language.
19. Basis Weight Tolerances for Liners and Mediums Used in the
Manufacture of Specification UN 4G Fiberboard Boxes
In petition P-1663, COSTHA requested PHMSA revise the basis weight
tolerance provided in
[[Page 55800]]
Sec. 178.516(b)(7) from +/- 5 percent to +/- 10 percent from the
nominal basis weight reported in the initial design qualification test
report.
PHMSA conducted a review of the petition and found that the
requested change is unlikely to affect safety and is largely following
industry practices. The realities of paper manufacturing are such that
a wide range of basis weights can be found on any large enough sample
of fiberboard run on the same line to the same specification. This
revision would only modify the percentage threshold for the allowable
nominal basis weight for fiberboard boxes and would not result in any
fundamental changes to testing, recordkeeping, or approval processes by
either PHMSA or the regulated community. In the NPRM, PHMSA proposed to
revise the basis weight tolerance provided in Sec. 178.516(b)(7) from
+/- 5 percent to +/- 10 percent from the nominal basis weight reported
in the initial design qualification test report.
In response to the proposed changes in the NPRM, PHMSA received
comments from DGAC, Clifford Bartley, Fibre Box Association, and
COSTHA. All commenters expressed support for the proposal. Therefore,
PHMSA is incorporating the changes as proposed to revise the basis
weight tolerance provided in Sec. 178.516(b)(7) from +/- 5 percent to
+/- 10 percent from the nominal basis weight reported in the initial
design qualification test report.
IV. Section-by-Section Review
Below is a section-by-section description of the changes being
adopted in this final rule.
A. Section 171.7
Section 171.7 lists all standards incorporated by reference into
the HMR that are not specifically set forth in the regulations. This
final rule incorporates by reference publications by the Chlorine
Institute, the DoD, and the CGA.
The Chlorine Institute publications include the following:
(1) Chlorine Institute Emergency Kit ``A'' for 100-lb. & 150-lb.
Chlorine Cylinders, Edition 12, Revision 2, July 2014. This publication
is freely available on the Chlorine Institute website at: https://bookstore.chlorineinstitute.org/iba-instruction-booklet-chlorine-institute-emergency-kit-a-for-100-lb-and-150-lb-chlorine-cylinders-166.html. This publication illustrates the use of Chlorine Institute
Emergency Kit ``A.'' It also includes a complete parts list and
instructions on how to apply both generations of Emergency Kit ``A,''
those manufactured before December 31, 2012 and after January 1, 2013.
The Emergency Kit ``A'' contains devices and tools to contain leaks in
and around the cylinder valve and in the side wall of chlorine
cylinders.
(2) Chlorine Institute Emergency Kit ``B'' for Chlorine Ton
Containers, Edition 11, Revision 1, July 2014. This publication is
available on the Chlorine Institute website at: https://bookstore.chlorineinstitute.org/mm5/merchant.mvc?Session_ID=832f559635b70c753d7a6780f4876094&Store_Code=ci2store&Screen=PROD&Product_Code=EPR_IB_B-HC&. This publication
illustrates the use of Chlorine Institute Emergency Kit ``B.'' It also
includes a complete parts list and instructions on how to apply both
the current and previous kit devices of Emergency Kit ``B.'' The
updates in this edition include depictions of commonly used optional
devices and numerous editorial revisions. Emergency Kit ``B'' contains
devices and tools to contain leaks in and around the ton container
valves and in the side wall of ton containers.
(3) Pamphlet 57, Emergency Shut-Off Systems for Bulk Transfer of
Chlorine, Edition 6, June 2015. This publication is available on the
Chlorine Institute website at: https://bookstore.chlorineinstitute.org/mm5/merchant.mvc?Session_ID=832f559635b70c753d7a6780f4876094&Store_Code=ci2store&Screen=PROD&Product_Code=SPHP0057-HC&. This publication describes
recommended practices for emergency shut-off protection during chlorine
transfers involving bulk containers. The practices include automatic
shut-off upon container movement or utility failure, the ability to
activate the system at the bulk container or remotely for any reason,
including a chlorine leak, and practical design options for a variety
of industry accepted systems.
(4) Pamphlet 168, Guidelines for Dual Valve Systems for Bulk
Chlorine Transport, Edition 2, July 2015. Pamphlet 168 is to be added
to the HMR at Sec. 178.337-9. This publication is available on the
Chlorine Institute website at: https://bookstore.chlorineinstitute.org/mm5/merchant.mvc?Session_ID=832f559635b70c753d7a6780f4876094&Store_Code=ci2store&Screen=PROD&Product_Code=SPHP0168-HC&. This publication sets forth
performance and selection criteria that should be used in identifying
dual valve systems for bulk chlorine transportation applications (i.e.,
tank cars, cargo tanks, and barges). These configurations are intended
to meet DOT and Transport Canada (TC) performance requirements. This
pamphlet contains information pertaining to standardizations,
performance and design criteria, operational and installation
considerations, as well as an appendix that includes valve manufacturer
information.
DoD publications include the following:
(1) TB 700-2; NAVSEAINST 8020.8C; TO 11A-1-47: DoD Ammunition and
Explosives Hazard Classification Procedures, 30 July 2012, into Sec.
173.56. This publication is freely available on the DoD website at:
https://www.ddesb.pentagon.mil/docs/TB700-2.pdf. This publication sets
forth detailed procedures for hazard classifying ammunition and
explosives in accordance with DOT regulations, North Atlantic Treaty
Organization guidelines, and United Nations Recommendations. Based on
reactions obtained, it further provides for assignment of appropriate
hazard classifications for transportation and storage. It seeks to
assure that under identical conditions, all DoD Components (DODCs) will
use identical hazard classifications for ammunition and explosives
items.
(2) DLAR 4145.41/AR 700-143/NAVSUPINST 4030.55D/AFMAN 24-210_IP/MCO
4030.40C: Packaging of Hazardous Materials, 21 April 2015 into Sec.
173.7. This publication is freely available on the DoD website at:
http://www.dla.mil/Portals/104/Documents/J5StrategicPlansPolicy/PublicIssuances/r4145.41.pdf. This publication establishes a uniform
standard for packaging hazardous materials for safe, efficient, and
legal storage, handling, and transportation, to include Department of
Transportation Special Permit (DOT-SP), Competent Authority Approval
(CAA), Certificate of Equivalency (COE), and Packaging Waivers for
Military Air in accordance with AR 700-15/NAVSUPINST 4030.28E/AFJMAN
24-206/MCO 4030.33E/DLAR 4145.7 (Reference (c)) and Defense
Transportation Regulation (DTR) 4500.9- R-Part II, Cargo Movement
(Reference (d)).
CGA publications include the following:
(1) CGA C-7-2014, Guide to Classification and Labeling of
Compressed Gases, Tenth Edition. This publication states the general
principles for labels and markings and gives recommended minimum
requirements for labeling of compressed gases for many hazardous gases
and selected liquids.
(2) CGA V-9-2012, Compressed Gas Association Standard for
Compressed
[[Page 55801]]
Gas Cylinder Valves, Seventh Edition. This publication specifies
general cylinder valve design, design qualification, required markings,
and performance requirements such as operating temperature limits,
pressure ranges, operating torque limits, and flow capabilities. It
also provides testing and maintenance requirements.
B. Section 172.205
Section 172.205 describes the requirements for the use of hazardous
waste manifest. This final rule revises paragraph (j) to permit the use
of electronic signatures when completing an EPA form 8700-22 and 8700-
22A.
C. Section 172.407
Section 172.407 describes the label specifications for packages
shipping hazardous materials under the HMR. This final rule revises
paragraph (c) to allow for size tolerances for the labels by inserting
the term ``approximately'' for the inner border to be 5 mm. This final
rule also revises paragraph (f) to address inconsistencies between
international and domestic labels.
D. Section 172.519
Section 172.519 describes placard specification for shipments of
hazardous materials that require placards. This final rule revises
paragraph (c) to allow for size tolerances for the placards by
inserting the term ``approximately'' for the inner border to be 5 mm.
This final rule also revises paragraph (f) to address inconsistencies
between international and domestic placards.
E. Section 172.604
Section 172.604 describes the requirements to have an emergency
response number on shipping papers for shipments of hazardous
materials. This final rule revises Sec. 172.604(d) to no longer
require an emergency response number for excepted quantities of
hazardous materials.
F. Section 173.5a
Section 173.5a outlines the requirements for cargo tank motor
vehicles used for roadway striping. This final rule adds proper
shipping names in Sec. 173.5a(c)(1) to the list of authorized
materials that can be used under this section.
G. Section 173.24a
Section 173.24a outlines the general requirements for non-bulk
packages. This final rule revises each paragraph in this section to
allow for packages tested with a liquid material to be filled with a
solid material of the equivalent packing group.
H. Section 173.31
Section 173.31 outlines the specifications for the use of tank
cars. Specifically, Sec. 173.31(e) outlines the specifications for
tank cars used to transport materials that are poisonous by inhalation.
This final rule removes the reference to the 20-year service life for
these tank cars in Sec. 173.31(e)(2)(iii), thus extending the service
life to the standard for all tank cars set forth at Sec. 215.203 of
the FRA regulations.
I. Section 173.150
Section 173.150 outlines exceptions for Class 3 flammable and
combustible liquids. This final rule changes the units in Sec.
173.150(g) from imperial units to the International System of Units and
revises all the units in this section to the International System of
Units.
J. Section 173.156
Section 173.156 outlines exceptions for limited quantities and ORM-
D materials. This final rule revises Sec. 173.156(b)(2)(iii) to allow
for pallets to be made of metal, plastic, or composite materials in
addition to wood.
K. Section 173.301
Section 173.301 outlines the general requirements for the shipment
of compressed gases and other hazardous materials in cylinders, UN
pressure receptacles, and spherical pressure vessels. This final rule
revises Sec. 173.301(a) by adding subparagraphs (11) and (12).
Paragraph (11) will require all cylinder valves manufactured on or
after May 4, 2015, to conform to the requirements in CGA V-9-2012, as
well as requiring UN pressure receptacles to conform to the
requirements of Sec. 173.301b(c)(1). Paragraph (12) will require that
cylinder valve protection caps manufactured on or after May 4, 2015,
conform to the requirements of CGA V-9-2012. Cylinder valve protection
caps used on UN cylinders must conform to the requirements in Sec.
173.301b(c)(2)(ii).
L. Section 173.335
Section 173.335 outlines the requirements for chemicals under
pressure, n.o.s. This final rule revises Sec. 173.335(a) to clarify
that these materials are not subject to the cylinder valve requirements
finalized in Sec. 173.301(a)(11).
M. Section 176.415
Section 176.415 outlines permit requirements for Division 1.5,
ammonium nitrates, as well as certain ammonium nitrate fertilizers.
This final rule revises the HMR to no longer require written permission
from the COTP to load or unload limited quantities of ammonium
nitrates.
N. Section 178.35
Section 178.35 outlines the general requirements for specification
cylinders. This final rule revises Sec. 178.35 to no longer require
the marking of the service pressure for DOT 8 and DOT 8 AL cylinders.
O. Section 178.337
Section 178.337-9 outlines the requirements for pressure relief
devices, piping, valves, hoses, and fittings. This final rule revises
Sec. 178.337-9(b)(8) to add a reference to allow the use of ``Sections
4 through 6, Pamphlet 168, Guidelines for Dual Valve Systems for Bulk
Chlorine Transport, Edition 2, July 2015'' under this section.
P. Section 178.516
Section 178.516 outlines the standards for fiberboard boxes. This
final rule revises Sec. 178.516(b)(7) to allow for the paper wall
basis weights that vary by not more than +/- 10 percent from the
nominal basis weight reported in the initial design qualification test
report.
Q. Section 178.703
Section 178.703 outlines the marking requirements for IBCs. This
final rule revises Sec. 178.703(b)(6)(i) by clarifying that the date
of manufacture of the inner receptacle may be different from the marked
date of manufacturer required by Sec. 178.703(a)(1)(iv) or Sec.
180.352(d)(1)(iv).
R. Section 180.407
Section 180.407 outlines the requirements for the testing and
inspection of specification cargo tanks. This final rule revises the
table in Sec. 180.407(g)(1)(iv) to put the words ``The test pressure
on the name plate or specification plate, or 1.5 times the MAWP,
whichever is greater'' in the test pressure column before each test
pressure specification.
S. Section 180.605
Section 180.605 outlines the requirements for periodic testing,
inspection, and repair of portable tanks. This final rule revises Sec.
180.605(l) by adding Sec. 180.605(l)(2) to allow the owner of a
portable tank to contact the National Board for a copy of the
manufacture's data report, if the portable tank was registered with the
National Board, or copy the information contained on the portable
tank's specification plate and ASME Code data plates.
[[Page 55802]]
V. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This final rule is published under authority of the Federal
Hazardous Materials Transportation Law (Federal Hazmat Law; 49 U.S.C.
5101 et seq.). Section 5103(b) of Federal Hazmat Law authorizes the
Secretary of Transportation to prescribe regulations for the safe
transportation, including security, of hazardous materials in
intrastate, interstate, and foreign commerce. The Secretary delegated
her authority to PHMSA at 49 CFR 1.97.
B. Executive Order 12866, Executive Order 13563, Executive Order 13610,
Executive Order 13771, and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866, ``Regulatory Planning and
Review'' (58 FR 51735; Oct. 4, 1993), and was not reviewed by the
Office of Management and Budget (OMB). This final rule is also not
considered a significant rule under the Regulatory Policies and
Procedures order issued by the U.S. Department of Transportation on
February 26, 1979. See 44 FR 11034.
Background
PHMSA has involved the public in the regulatory process in a
variety of ways for this final rule. Specifically, in this rulemaking
PHMSA is responding to 19 petitions that have been submitted by the
public in accordance with the APA and PHMSA's rulemaking procedure
regulations (49 CFR 106.95).
Overall, this rulemaking maintains the continued safe
transportation of hazardous materials while producing a net cost
savings. PHMSA's findings are summarized here and described in further
detail in the Regulatory Impact Analysis (RIA), which can be found in
the regulatory docket (Docket ID: PHMSA-2015-0102) at
www.regulations.gov.
Summary of Findings
PHMSA estimates a present value of quantified net cost savings of
approximately $237 million over 10 years and $16.5 million annualized
at a 7 percent discount rate. These estimates do not include non-
monetized and qualitative cost/cost savings discussed in the RIA.
PHMSA's cost/cost savings analysis relies on the monetization of
impacts for five petitions included in this final rule. Three of the
petitions that were monetized contained cost savings, while two
petitions have minor costs. One provision in particular is responsible
for the vast majority of the cost savings estimated: The extension of
the regulatory life of HM-246-compliant PIH tank cars from 20 years to
50 years, as allowed by FRA regulation, see 49 CFR 215.203, for other
tank cars in its class. This regulatory life extension is expected to
reduce PIH tank car replacement costs that would occur in the absence
of rulemaking. Moreover, these tank cars are more robust and less
likely to release material than legacy PIH tank cars, resulting in
safety benefits such as reduced incident damages. The following table
presents a summary of the five petitions that have monetized impacts
upon codification and contribute to PHMSA's estimation of quantified
net cost savings.
Table 1--Summary of Cost/Cost Savings of Petitions for Regulatory Reform
----------------------------------------------------------------------------------------------------------------
Monetized Costs/(Cost Savings) by Petition
-----------------------------------------------------------------------------------------------------------------
7% discount (if 3% discount (if
Petition No. Petition topic applicable) applicable)
----------------------------------------------------------------------------------------------------------------
P-1636.................................... PIH Tank Cars Service Life ($211,740,704) ($985,661,271)
Extension Relief.
P-1663.................................... Package Weight Tolerances..... (25,000,000) (58,333,333)
P-1619.................................... Chlorine Publications......... (197,644) (452,676)
P-1641.................................... CGA V-9-2012 Cylinder Values 45,522 47,289
and Caps.
P-1657.................................... CGA C-7-2014 Publications..... 99,320 103,177
-------------------------------------
Total................................. .............................. (236,793,506) (1,044,296,814)
Annualized........................ .............................. (16,575,545) (31,328,904)
----------------------------------------------------------------------------------------------------------------
In addition to these five items, PHMSA described an additional 14
items that are deregulatory in nature but lack of monetization of their
cost savings impacts. While information gaps prevent quantification of
cost savings for these items, PHMSA believes that they relax current
requirements or provide additional flexibility, and therefore should be
considered deregulatory in nature.
Conclusion
In conclusion, PHMSA estimates a present value of quantified net
cost savings of approximately $237 million over a perpetual time
horizon and $16.5 million annualized at a 7 percent discount rate.
Please see the RIA in the regulatory docket for additional detail and a
description of PHMSA's methods and calculations.
C. Executive Order 13132
This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13132, ``Federalism'' (64 FR
43255; Aug. 10, 1999). This final rule would preempt State, local, and
Indian tribe requirements but does not impose any regulation that has
substantial direct effects on the States, the relationship between the
national government and the States, or the distribution of power and
responsibilities among the various levels of government. Therefore, the
consultation and funding requirements of Executive Order 13132 do not
apply.
Federal Hazmat Law, 49 U.S.C. 5125(b)(1), contains an express
preemption provision (49 U.S.C. 5125(b)) preempting State, local, and
Indian tribe requirements on certain covered subjects. Covered subjects
are:
(i) The designation, description, and classification of hazardous
materials;
(ii) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(iii) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
content, and placement of those documents;
(iv) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials; or
(v) The design, manufacture, fabrication, marking, maintenance,
reconditioning, repair, or testing of a packaging or container which is
represented, marked, certified, or sold as qualified for use in the
transport of hazardous materials.
[[Page 55803]]
This final rule concerns the classification, packaging, marking,
labeling, and handling of hazardous materials, among other covered
subjects. This rule 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. See 49 CFR 107.202(d).
Federal Hazmat Law provides at 49 U.S.C. 5125(b)(2) that if PHMSA
issues a regulation concerning any of the covered subjects, the
administration must determine and publish in the Federal Register the
effective date of Federal preemption. That effective date may not be
earlier than the 90th day following the date of issuance of the final
rule and not later than 2 years after the date of issuance. PHMSA
proposes the effective date of Federal preemption be 90 days from
publication of a final rule in this matter in the Federal Register.
D. Executive Order 13175
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249; Nov. 9,
2000). Because this final rule does not have Tribal implications and
does not impose substantial direct compliance costs on Indian tribal
governments, the funding and consultation requirements of Executive
Order 13175 do not apply, and a Tribal summary impact statement is not
required.
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
The Regulatory Flexibility Act, 5 U.S.C. 601 requires an agency to
review regulations to assess their impact on small entities unless the
agency determines the rule is not expected to have a significant impact
on a substantial number of small entities. This final rule amends
miscellaneous provisions in the HMR for clarification based on
petitions for rulemaking. While maintaining safety, this final rule
would relax certain requirements that are overly burdensome and provide
clarity where requested by the regulated community. The changes are
generally intended to provide relief to shippers, carriers, and
packaging manufacturers, including small entities.
The Regulatory Flexibility Act directs agencies to establish
exceptions and differing compliance standards for small businesses,
where it is possible to do so and still meet the objectives of
applicable regulatory statutes. In the case of hazardous materials
transportation, it is not possible to establish exceptions or differing
standards and still accomplish our safety objectives.
The changes are generally intended to provide relief to shippers,
carriers, and packaging manufactures and testers, including small
entities. Therefore, PHMSA certifies that this final rule will not have
a significant economic impact on a substantial number of small
entities.
This final rule has been developed in accordance with Executive
Order 13272, ``Proper Consideration of Small Entities in Agency
Rulemaking'' (67 FR 53461; Aug. 16, 2002) and DOT's Policies and
Procedures to promote compliance with the Regulatory Flexibility Act to
ensure that potential impacts of draft rules on small entities are
properly considered.
F. Paperwork Reduction Act
This final rule does not impose any new information collection
requirements and, in one instance, marginally decreases the information
collection burden on the regulated community. Specifically, the
following information collection requirement is affected by this
rulemaking:
OMB Control No. 2137-0034: Hazardous Materials Shipping Papers and
Emergency Response Information.
Decrease in Annual Number of Respondents: 1,000.
Decrease in Annual Responses: 1,666,667.
Decrease in Annual Burden Hours: 4,629.
Decrease in Annual Burden Cost: $95,403.69.
PHMSA estimates that no longer requiring the emergency response
number for limited quantity shipments by vessel will reduce the number
of burden hours by 4,629. PHMSA estimates that no longer requiring the
emergency response number on shipping paper will save 10 seconds per
shipping paper and affect 1,666,667 shipments per year. PHMSA estimates
a savings of $.06 per shipment resulting in cost savings of $95,403.69.
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. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
spring and fall of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
H. Unfunded Mandates Reform Act
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. Public Law 104-4 (Mar. 22, 1995).
It does not result in costs in any one year of $141.3 million or more
to either State, local, or Tribal governments, in the aggregate, or to
the private sector, and is the least burdensome alternative that
achieves the objective of the rule.
I. Environmental Assessment
The National Environmental Policy Act, 42 U.S.C. 4321-4375,
requires Federal agencies to analyze proposed actions to determine
whether the action will have a significant impact on the human
environment. The Council on Environmental Quality (CEQ) regulations
require 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.
Need for the Proposed Action
In response to petitions for rulemaking submitted by the regulated
community, PHMSA is amending the HMR to update, clarify, or provide
relief from miscellaneous regulatory requirements. In this final rule,
PHMSA is implementing amendments that include, but are not limited to,
the following: Incorporating by Reference multiple publications from
the CGA, the Chlorine Institute, and DoD; addressing inconsistencies
with domestic and international labels and placards; excepting excepted
quantities from the emergency response telephone requirement; allowing
electronic signatures for EPA manifest forms; and no longer requiring
the service pressure to be marked on DOT 8 and 8AL cylinders.
These amendments are intended to promote safety, regulatory relief,
and clarity. The proposed changes were identified in response to
petitions from stakeholders affected by the HMR. These minor changes
will clarify the HMR and enhance safety, while offering some net
economic benefits.
This action is necessary to: (1) Fulfill our statutory directive to
promote transportation safety; (2) fulfill our
[[Page 55804]]
statutory directive under the Administrative Procedure Act (APA) that
requires Federal agencies to give interested persons the right to
petition an agency to issue, amend, or repeal a rule (5 U.S.C. 553(e));
(3) support governmental efforts to provide regulatory relief to the
regulated community; (4) address safety concerns raised by petitioners
and remove identified regulatory ambiguity; and (5) simplify and
clarify the regulations in order to promote understanding and
compliance.
The intended effect of this action is to enhance the safe
transportation of hazardous materials and, in conjunction, clarify,
simplify, and relax certain regulatory requirements for carriers,
shippers, and other stakeholders. These regulatory revisions will offer
more efficient and effective ways of achieving PHMSA's goal of safe and
secure transportation, protecting both people and the environment, of
hazardous materials in commerce.
Alternatives
In developing the final rule, PHMSA considered the following
alternatives:
Alternative 1: No Action
If PHMSA chose this alternative, we would not proceed with any
rulemaking on this subject and the current regulatory standards would
remain in effect. This option would not address outstanding petitions
for rulemaking. We rejected the No Action Alternative.
Alternative 2: Go Forward With the Proposed Amendments to the HMR in
This NPRM
This alternative is the current proposal as it appears in this
final rule, applying to transport of hazardous materials by highway,
rail, vessel, and aircraft. The amendments encompassed in this
alternative are more fully addressed in the preamble and regulatory
text sections of this rulemaking.
Probable Environmental Impacts of the Alternatives
When developing potential regulatory requirements, PHMSA considers
the environmental impact of each amendment. Specifically, PHMSA
evaluates the: Risk of release and resulting environmental impact; risk
to human safety, including any risk to first responders; longevity of
the packaging; and if the proposed regulation would be carried out in a
defined geographic area, the resources, especially any sensitive areas,
and how they could be impacted by any proposed regulations. Of the
regulatory changes proposed in this rulemaking, most have been
determined to be clarification, technology/design updates,
harmonization, regulatory flexibility, standard incorporation, or
editorial in nature. As such, these amendments have little or no impact
on the risk of release and resulting environmental impact; human
safety; or longevity of the packaging. None of these amendments would
be carried out in a defined geographic area (i.e., this is a nationwide
rulemaking).
Alternative 1: No Action
If PHMSA were to select the No Action Alternative, current
regulations would remain in place and no new provisions would be added.
However, efficiencies gained through harmonization in updates to
transport standards, lists of regulated substances, definitions,
packagings, markings requirements, shipper requirements, modal
requirements, etc., would not be realized. Foregone efficiencies in the
No Action Alternative also include freeing up limited resources to
concentrate on hazardous materials transportation issues of potentially
much greater environmental impact. Not adopting the proposed
environmental and safety requirements under the No Action Alternative
would result in a lost opportunity for reducing negative environmental
and safety-related impacts. Greenhouse gas emissions would remain the
same under the No Action Alternative.
Alternative 2: Go forward With the Proposed Amendments to the HMR in
This NPRM
This Preferred Alternative encompasses enhanced and clarified
regulatory requirements, which would result in increased compliance and
fewer negative environmental and safety impacts. The table below
summarizes possible environmental benefits and any potential negative
impacts for the amendments in this final rule. A detailed discussion on
the potential environmental impacts of each type of amendment is
included in the complete Environmental Assessment placed in the docket
for this rulemaking.
Summary of Probable Environmental Impacts by Amendments
------------------------------------------------------------------------
Probable
Proposed amendment(s) to HMR environmental
(numbered as above herein) Type of amendment(s) impact(s)
anticipated
------------------------------------------------------------------------
1. Cargo Tank Specification. Regulatory Clarity.. No impacts--slightly
positive benefits.
2. Chlorine Institute Update No impacts--slightly
Publications. (Publications). positive benefits.
3. International Label and Harmonization....... Slightly positive
Placard Consistency. benefits.
4. Limited Quantities of Exception........... No impacts.
Ammonium Nitrate by Vessel.
5. Use of Combination Regulatory Very slight,
Packages Tested with a Flexibility. negligible, or no
Liquid. impacts.
6. Shipping Names for Editorial........... No impacts.
Roadway Stripping Vehicles.
7. Toxic by Inhalation (TIH) Regulatory No impacts.
Tank Car Lifespan. Flexibility.
8. Limited Quantity Pallets. Regulatory No impacts--slightly
Flexibility. positive benefits.
9. Emergency Response Harmonization....... No impacts.
Numbers.
10. Units of Measurement for Harmonization/ No impacts.
Limited Quantities of Ethyl Editorial.
Alcohol.
11. Cylinder Valves and Standard No impacts--slightly
Protection Caps. Incorporation. positive benefits.
12. Recordkeeping Regulatory Clarity, No impacts--slightly
Requirements for Portable Harmonization. positive benefits.
Tanks.
13. Printing Tolerances for Regulatory Slightly positive
Labels and Placards. Flexibility. benefits.
14. Incorporation of Standard Slightly positive--
Department of Defense (DoD) Incorporation. moderate benefits.
Standards.
15. Service Pressure Marking Regulatory No impacts.
for DOT 8 and DOT 8L Flexibility.
Cylinders.
[[Page 55805]]
16. Incorporation of CGA Standard No impacts--slightly
Publications. Incorporation. positive benefits.
17. Use of Electronic Update (Technology/ No impacts--slightly
Manifest. Design), Regulatory positive benefits.
Flexibility.
18. Marked Date of Harmonization....... No impacts--slightly
Manufacture on Composite positive benefits.
IBCs.
19. Basis Weight Tolerances Regulatory No impacts.
for Liners and Mediums Used Flexibility.
in the Manufacture of
Specification UN 4G Boxes.
------------------------------------------------------------------------
Preferred Alternative
PHMSA has selected the Preferred Alternative. As discussed in the
table above, we expect no or very slight positive environmental impacts
from the Preferred Alternative.
Agencies Consulted
This final rule would affect some PHMSA stakeholders, including
hazardous materials shippers and carriers by highway, rail, vessel, and
aircraft, as well as package manufacturers and testers. PHMSA sought
comment on the Environmental Assessment contained in the June 30, 2016,
NPRM published under Docket No. PHMSA 2015-0102 [81 FR 42609] (HM-
219A); however, PHMSA did not receive any comments. In addition, PHMSA
sought comment from the following Federal agencies and modal partners:
Department of Defense
Environmental Protection Agency
Federal Aviation Administration
Federal Motor Carrier Safety Administration
Federal Railroad Administration
United States Coast Guard (USCG)
These Federal agencies did not submit to PHMSA any adverse comments
on the amendments proposed in the NPRM.
Conclusion
The revisions in this final rule are intended to update, clarify,
or provide relief from certain existing regulatory requirements to
promote safer transportation practices; eliminate unnecessary
regulatory requirements; facilitate international commerce; and make
these requirements easier to understand. These amendments will foster a
greater level of compliance with the HMR, and thus the net
environmental impact of this proposal will be slightly positive.
The provisions of this final rule build on current regulatory
requirements to enhance the transportation safety and security of
shipments of hazardous materials transported by highway, rail,
aircraft, and vessel, thereby reducing the risks of an accidental or
intentional release of hazardous materials and consequent environmental
damage. PHMSA believes that there are no non-negligible environmental
impacts associated with this final rule.
J. Privacy Act
Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). DOT posts these comments, without edit, including any
personal information the commenter provides, to www.regulations.gov, as
described in the system of records notice (DOT/ALL-14 FDMS), which can
be reviewed at www.dot.gov/privacy.
K. Executive Order 13609 and International Trade Analysis
Under Executive Order 13609, ``Promoting International Regulatory
Cooperation'' (77 FR 26413; May 4, 2012), 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 final rule to ensure that it does not cause
unnecessary obstacles to foreign trade. Accordingly, this rulemaking is
consistent with Executive Order 13609 and PHMSA's obligations under the
Trade Agreement Act, as amended.
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 involves multiple voluntary consensus standards which are
discussed at length in the ``Section-by-Section Review'' for Sec.
171.7.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements, Definitions and abbreviations.
[[Page 55806]]
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Labeling, Markings, Packaging and
containers, Reporting and recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Training, Packaging and containers, Reporting and recordkeeping
requirements.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Reporting
and recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Railroad safety, Reporting and
recordkeeping requirements.
In consideration of the foregoing, we are amending 49 CFR chapter I
as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
1. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410, section
4 (28 U.S.C. 2461 note); Pub. L. 104-121, sections 212-213; Pub. L.
104-134, section 31001; 49 CFR 1.81 and 1.97.
0
2. Amend Sec. 171.7 by:
0
a. Revising paragraphs (l)(1), (2), and (5), redesignating paragraphs
(l)(7) through (11) as (l)(8) through (12) and adding new paragraph
(l)(7);
0
b. Revising paragraph (n)(7) and adding new paragraph (n)(23);
0
c. Revising paragraph (o);
0
d. In paragraphs (t)(1) and (v)(2), adding ``172.407'' to the list of
sections in numerical order;
0
e. In paragraph (y)(1), adding ``173.301(a)(11)'' to the end of the
list of sections;
0
f. In the introductory text of paragraph (bb)(1), add ``172.407'' to
the list of sections in numerical order; and
0
g. In paragraph (dd)(1), add ``172.519'' to the list of sections in
numerical order.
The revisions and additions read as follows.
Sec. 171.7 Reference material.
* * * * *
(l) * * *
(1) Chlorine Institute Emergency Kit ``A'' for 100-lb. & 150-lb.
Chlorine Cylinders, Edition 12, Revision 2, January 2014, into Sec.
173.3.
(2) Chlorine Institute Emergency Kit ``B'' for Chlorine Ton
Containers, Edition 11, July 2014, into Sec. 173.3.
* * * * *
(5) Pamphlet 57, Emergency Shut-Off Systems for Bulk Transfer of
Chlorine, Edition 6, June 2015, into Sec. 177.840.
* * * * *
(7) Pamphlet 168, Guidelines for Dual Valve Systems for Bulk
Chlorine Transport, Edition 2, July 2015, into Sec. 178.337-9.
* * * * *
(n) * * *
(7) CGA C-7-2014, Guide to Classification and Labeling of
Compressed Gases, Tenth Edition, copyright 2014, into Sec. 172.400a.
* * * * *
(23) CGA V-9-2012, Compressed Gas Association Standard for
Compressed Cylinder Valves, Seventh Edition, 2012, into Sec. 173.301.
* * * * *
(o) Department of Defense (DoD), DoD Explosives Safety Board, 4800
Mark Center Drive, Suite 16E12, Alexandria, VA 22350, https://www.ddesb.pentagon.mil/; or Defense Logistics Agency, Technical and
Quality Assurance Division, 8725 John J. Kingman Rd., Fort Belvoir, VA
22060, http://www.dla.mil/Pages/default.aspx.
(1) TB 700-2; NAVSEAINST 8020.8C/TO 11A-1-47: DOD Ammunition and
Explosives Hazard Classification Procedures, July 30, 2012, into Sec.
173.56.
(2) DLAR 4145.41/AR 700-143/NAVSUPINST 4030.55D/AFMAN 24-210_IP/MCO
4030.40C: Packaging of Hazardous Material, April 21, 2015, into Sec.
173.7.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
0
3. 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
4. Amend Sec. 172.205 by adding paragraph (j) to read as follows:
Sec. 172.205 Hazardous waste manifest.
* * * * *
(j) Electronic manifests that are obtained, completed, and
transmitted in accordance with 40 CFR262.20(a)(3), and used in
accordance with 40 CFR 262.24 in lieu of EPA Forms 8700-22 and 8700-22A
are the legal equivalent of paper manifest forms bearing handwritten
signatures, and satisfy for all purposes any requirements in these
regulations to obtain, complete, sign, provide, use, or retain a
manifest. Electronic signatures in conformance with 40 CFR 262.25 are
therefore acceptable in lieu of handwritten signatures required by
paragraphs (c) and (d) of this section provided one printed copy of the
electronic manifest bearing the electronic signature is provided to the
initial transporter as required by 40 CFR 262.24(d). A copy of the
electronic manifest would satisfy the 3-year retention requirement for
maintaining a copy of the manifest.
* * * * *
0
5. Amend Sec. 172.407 by revising paragraphs (c) and (f) to read as
follows:
Sec. 172.407 Label specifications.
* * * * *
(c) Size. (1) Each diamond (square-on-point) label prescribed in
this subpart must be at least 100 mm (3.9 inches) on each side with
each side having a solid line inner border approximately 5 mm inside
and parallel to the edge. The 5 mm measurement must be located from the
outside edge of the label to the outside of the solid line forming the
inner border. The width of the solid line forming the inner border must
be at least 2 mm.
(i) If the size of the package so requires, the dimensions of the
label and its features may be reduced provided the symbol and other
elements of the label remain clearly visible. The solid line forming
the inner border must remain approximately 5 mm from the outside edge
of the label and the minimum width of the line must remain 2 mm.
(ii) Where dimensions are not specified, all features shall be in
approximate proportion to those shown in Sec. Sec. 172.411 through
172.448 of this subpart, as appropriate.
(iii) Transitional exceptions for domestic transportation, a label
in conformance with the requirements of 49 CFR 172.407(c)(1) (revised
as of October 1, 2014), may continue to be used until December 31,
2018.
(iv) For domestic transportation, a packaging labeled prior to
January 1, 2017, and in conformance with the requirements of this
paragraph in effect on December 31, 2014, may continue in service until
the end of its useful life.
(2) The CARGO AIRCRAFT ONLY label must be a rectangle measuring at
[[Page 55807]]
least 110 mm (4.3 inches) in height by 120 mm (4.7 inches) in width.
The words ``CARGO AIRCRAFT ONLY'' must be shown in letters measuring at
least 6.3 mm (0.25 inches) in height.
(3) Except as otherwise provided in this subpart, the hazard class
number, or division number, as appropriate, must be at least 6.3 mm
(0.25 inches) and not greater than 12.7 mm (0.5 inches).
(4) When text indicating a hazard is displayed on a label, the
label name must be shown in letters measuring at least 7.6 mm (0.3
inches) in height. For SPONTANEOUSLY COMBUSTIBLE or DANGEROUS WHEN WET
labels, the words ``Spontaneously'' and ``When Wet'' must be shown in
letters measuring at least 5.1 mm (0.2 inches) in height.
(5) The symbol on each label must be proportionate in size to that
shown in the appropriate section of this subpart.
* * * * *
(f) Exceptions. Except for materials poisonous by inhalation (see
Sec. 171.8 of this subchapter), a label conforming to specifications
in the UN Recommendations, the ICAO Technical Instructions, the IMDG
Code, or the Transport Canada TDG Regulations (IBR, see Sec. 171.7 of
this subchapter) may be used in place of a corresponding label that
conforms to the requirements of this subpart.
* * * * *
0
6. Amend Sec. 172.519 by revising paragraphs (c) and (f) to read as
follows:
Sec. 172.519 General specifications for placards.
* * * * *
(c) Size. (1) Each diamond (square-on-point) placard prescribed in
this subpart must measure at least 250 mm (9.84 inches) on each side
and must have a solid line inner border approximately 12.5 mm inside
and parallel to the edge. The 12.5 mm measurement is from the outside
edge of the placard to the outside of the solid line forming the inner
border.
(i) Transitional exceptions. A placard in conformance with the
requirements of this paragraph in effect on December 31, 2014, may
continue to be used until December 31, 2016.
(ii) Domestic transportation. A placard manufactured prior to
January 1, 2017, in conformance with the requirements of this paragraph
in effect on December 31, 2014, may continue in service until the end
of its useful life provided the color tolerances are maintained and are
in accordance with the display requirements of this subchapter.
(2) Except as otherwise provided in this subpart, the hazard class
or division number, as appropriate, must be shown in numerals measuring
at least 41 mm (1.6 inches) in height.
(3) Except as otherwise provided in this subpart, when text
indicating a hazard is displayed on a placard, the printing must be in
letters measuring at least 41 mm (1.6 inches) in height.
* * * * *
(f) Exceptions. When hazardous materials are offered for
transportation or transported under the provisions of subpart C of part
171 of this subchapter, a placard conforming to the specifications in
the UN Recommendations, the ICAO Technical Instructions, the IMDG Code,
or the Transport Canada TDG Regulations (IBR, see Sec. 171.7 of this
subchapter) may be used in place of a corresponding placard conforming
to the requirements of this subpart. However, a bulk packaging,
transport vehicle, or freight container containing a material poisonous
by inhalation (see Sec. 171.8 of this subchapter) must be placarded in
accordance with this subpart (see Sec. 171.23(b)(10) of this
subchapter).
* * * * *
0
7. Amend Sec. 172.604 by revising paragraph (d) to read as follows:
Sec. 172.604 Emergency response telephone number.
* * * * *
(d) The requirements of this section do not apply to--
(1) Hazardous materials that are offered for transportation under
the provisions applicable to limited quantities or excepted quantities;
or
(2) Materials properly described under the following shipping
names:
(i) Battery powered equipment.
(ii) Battery powered vehicle.
(iii) Carbon dioxide, solid.
(iv) Castor bean.
(v) Castor flake.
(vi) Castor meal.
(vii) Castor pomace.
(viii) Consumer commodity.
(ix) Dry ice.
(x) Engines, internal combustion.
(xi) Fish meal, stabilized.
(xii) Fish scrap, stabilized.
(xiii) Krill Meal, PG III.
(xiv) Refrigerating machine.
(xv) Vehicle, flammable gas powered.
(xvi) Vehicle, flammable liquid powered.
(xvii) Wheelchair, electric.
(3) Transportation vehicles or freight containers containing lading
that has been fumigated and displaying the FUMIGANT marking (see Sec.
172.302(g)) as required by Sec. 173.9 of this subchapter, unless other
hazardous materials are present in the cargo transport unit.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
8. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.
Sec. 173.3 [Amended]
0
9. Amend Sec. 173.3 by:
0
a. In paragraph (e)(1), adding ``(with the exception of repair method
using Device 8 for side leaks)'' immediately after the phrase
``Chlorine Institute Emergency Kit ``A''; and
0
b. In paragraph (e)(2), adding ``(with the exception of repair method
using Device 9 for side leaks)'' immediately after the phrase
``Chlorine Institute Emergency Kit ``B''.
0
10. Amend Sec. 173.5a by revising paragraph (c)(1) to read as follows:
Sec. 173.5a Oilfield service vehicles, mechanical displacement meter
provers, and roadway striping vehicles exceptions.
* * * * *
(c) * * *
(1) Authorized materials. Only the hazardous materials listed in
the table 1 to this paragraph (c)(1) may be transported in roadway
striping vehicles. Cargo tanks may not be filled to a capacity that
would be greater than liquid full at 130 [deg]F.
Table 1 to Paragraph (c)(1)--Hazardous Materials Description
----------------------------------------------------------------------------------------------------------------
Hazard class/ Identification
Proper shipping name division No. Packing group
----------------------------------------------------------------------------------------------------------------
Acetone \a\................................... 3 UN1090 II.
Adhesives, containing a flammable liquid...... 3 UN1133 II.
Amines, liquid, corrosive, n.o.s.\b\ or 8 UN2735 III.
Polyamines, liquid, corrosive, n.o.s \b\.
Corrosive liquid, basic, organic, n.o.s \b\... 8 UN3267 III.
Corrosive liquids, n.o.s \b\.................. 8 UN1760 III.
[[Page 55808]]
Dichloromethane \a\........................... 6.1 UN1593 III.
Elevated temperature liquid, n.o.s., at or 9 UN3257 III.
above 100 [deg]C and below its flash point
(including molten metals, molten salts, etc.)
\c\.
Environmentally hazardous substance, liquid, 9 UN3082 III.
n.o.s \b\.
Ethyl acetate \a\............................. 3 UN1173 II.
Ethyl methyl ketone or Methyl ethyl ketone \a\ 3 UN1193 II.
Flammable liquids, n.o.s \d\.................. 3 UN1993 II.
Gasoline...................................... 3 UN1203 II.
Methanol \a\.................................. 3 UN1230 II.
Organic peroxide type E, liquid (Dibenzoyl 5.2 UN3107 NA.
peroxide) \b\.
Paint including paint, lacquer, enamel, stain, 3 UN1263 II.
shellac solution, varnish, polish, liquid
filler, and liquid lacquer base.
Paint related material including paint 3 UN1263 II.
thinning drying, removing, or reducing
compound.
Petroleum distillates, n.o.s. or Petroleum 3 UN1268 III.
products, n.o.s \a\.
Toluene \a\................................... 3 UN1294 II.
1,1,1-Trichloroethane \a\..................... 6.1 UN2831 III.
Xylenes \a\................................... 3 UN1307 II, III.
----------------------------------------------------------------------------------------------------------------
\a\: Solvent.
\b\: Catalyst.
\c\: Thermoplastic material non-hazardous at room temperature.
\d\: Adhesive containing ethyl acetate.
* * * * *
Sec. 173.7 [Amended]
0
11. Amend Sec. 173.7, by removing in the introductory text of
paragraph (a) ``DLAD 4145.41/AR 700-143/AFJI 24-210/NAVSUPINST
4030.55B/MCO 4030.40B'' and adding in its place ``DLAR 4145.41/AR 700-
143/NAVSUPINST 4030.55D/AFMAN 24-210_IP/MCO 4030.40C''.
0
12. Amend Sec. 173.24a by revising paragraphs (b)(1) and (b)(3) to
read as follows:
Sec. 173.24a Additional general requirements for non-bulk packagings
and packages.
* * * * *
(b) * * * (1) A non-bulk packaging not exceeding 400 kg may be
filled with a liquid hazardous material only when the specific gravity
of the material or gross mass of the package does not exceed that
marked on the packaging, or a specific gravity of 1.2 if not marked,
except as follows:
(i) A Packing Group I packaging may be used for a Packing Group II
material with a specific gravity not exceeding the greater of 1.8, or
1.5 times the specific gravity or gross mass of the package marked on
the packaging, provided all the performance criteria can still be met
with the higher specific gravity material;
(ii) A Packing Group I packaging may be used for a Packing Group
III material with a specific gravity not exceeding the greater of 2.7,
or 2.25 times the specific gravity or gross mass of the package marked
on the packaging, provided all the performance criteria can still be
met with the higher specific gravity material; and
(iii) A Packing Group II packaging may be used for a Packing Group
III material with a specific gravity not exceeding the greater of 1.8,
or 1.5 times the specific gravity or gross mass of the package marked
on the packaging, provided all the performance criteria can still be
met with the higher specific gravity material.
* * * * *
(3) A non-bulk packaging not exceeding 400 kg which is tested and
marked for liquid hazardous materials may be filled with a solid
hazardous material to a gross mass, in kilograms, not exceeding the
rated capacity of the packaging in liters, or gross mass of the
package, multiplied by the specific gravity or gross mass of the
package marked on the packaging, or 1.2 if not marked. In addition:
(i) A non-bulk packaging not exceeding 400 kg which is tested and
marked for Packing Group I liquid hazardous materials may be filled
with a solid Packing Group II hazardous material to a gross mass, in
kilograms, not exceeding the rated capacity of the packaging in liters,
or gross mass of the package, multiplied by 1.5, multiplied by the
specific gravity or gross mass of the package marked on the packaging,
or 1.2 if not marked.
(ii) A non-bulk packaging not exceeding 400 kg which is tested and
marked for Packing Group I liquid hazardous materials may be filled
with a solid Packing Group III hazardous material to a gross mass, in
kilograms, not exceeding the rated capacity of the packaging in liters,
or gross mass of the package, multiplied by 2.25, multiplied by the
specific gravity or gross mass of the package marked on the packaging,
or 1.2 if not marked.
(iii) A non-bulk packaging not exceeding 400 kg which is tested and
marked for Packing Group II liquid hazardous materials may be filled
with a solid Packing Group III hazardous material to a gross mass, in
kilograms, not exceeding the rated capacity of the packaging in liters,
or gross mass of the package, multiplied by 1.5, multiplied by the
specific gravity or gross mass of the package marked on the packaging,
or 1.2 if not marked.
* * * * *
0
13. Amend Sec. 173.31 by revising paragraph (e) to read as follows:
Sec. 173.31 Use of tank cars.
* * * * *
(e) Special requirements for materials poisonous by inhalation--(1)
Interior heater coils. Tank cars used for materials poisonous by
inhalation may not have interior heater coils.
(2) Tank car specifications. A tank car used for a material
poisonous by inhalation must have a tank test pressure of 20.7 Bar (300
psig) or greater, head protection, and a metal jacket (e.g., DOT
105S300W), except that--
(i) A higher test pressure is required if otherwise specified in
this subchapter; and
(ii) Each tank car constructed on or after March 16, 2009, and used
for the transportation of PIH materials must meet the applicable
authorized tank car specifications and standards listed in Sec.
173.244(a)(2) or (3) and Sec. 173.314(c) or (d).
(iii) [Reserved]
[[Page 55809]]
(iv) A tank car owner retiring or otherwise removing a tank car
from service transporting materials poisonous by inhalation, other than
because of damage to the car, must retire or remove cars constructed of
non-normalized steel in the head or shell before removing any car in
service transporting materials poisonous by inhalation constructed of
normalized steel meeting the applicable DOT specification.
* * * * *
Sec. 173.56 [Amended]
0
14. In Sec. 173.56 amend paragraph (b)(2)(i) by removing ``DoD
Explosives Hazard Classification Procedures'' and adding in its place
``DoD Ammunition and Explosives Hazard Classification Procedures''.
0
15. Amend Sec. 173.150 by revising paragraph (g) to read as follows:
Sec. 173.150 Exceptions for Class 3 (flammable and combustible
liquids).
* * * * *
(g) Limited quantities of retail products containing ethyl alcohol.
(1) Beverages, food, cosmetics and medicines, medical screening
solutions, and concentrates sold as retail products containing ethyl
alcohol classed as a flammable liquid or flammable solid containing not
more than 70% ethyl alcohol by volume for liquids, by weight for solids
are excepted from the HMR provided that:
(i) For non-glass inner packagings:
(A) The volume does not exceed 0.47 liters (0.125 gallons) in
capacity for liquids; or
(B) For volumes greater than 0.47 liters (0.125 gallons) but not
exceeding 3.8 liters (1 gallon) the company name and the words
``Contains Ethyl Alcohol'' are marked on the package;
(C) Solids containing ethyl alcohol may be packaged in non-glass
inner packagings not exceeding 0.45 kilograms (1 pound) capacity;
(D) For weight greater than 0.45 kilograms (1 pound) up to 3.62
kilograms (8 pounds) the company name and the words ``Contains Ethyl
Alcohol'' are marked on the package.
(ii) For glass inner packagings:
(A) The volume does not exceed 0.23 liters (.063 gallons) in
capacity; or
(B) For volumes greater than 0.23 liters (.063 gallons) to 0.47
liters (0.125 gallons) the company name and the words ``Contains Ethyl
Alcohol'' are marked on the package;
(C) Solids containing ethyl alcohol may be packaged in glass inner
packagings not exceeding 0.22 kilograms (0.5 pounds);
(D) For weight greater than 0.22 kilograms (0.5 pounds) up to 0.45
kilograms (1 pound) the company name and the words ``Contains Ethyl
Alcohol'' are marked on the package.
(iii) The net liquid contents of all inner packagings in any single
outer packaging may not exceed 5.6 liters (1.5 gallons). The net solid
contents of all inner packagings in any single outer packaging may not
exceed 14.9 kilograms (33 pounds). The gross weight of any single outer
package shipped may not exceed 29.9 kilograms (66 pounds); Inner
packagings must be secured and cushioned within the outer package to
prevent breakage, leakage, and movement.
(2) Beverages, food, cosmetics and medicines, medical screening
solutions, and concentrates sold as retail products containing ethyl
alcohol classed as a flammable liquid or flammable solid containing
more than 70% ethyl alcohol by volume, by weight for solids are
excepted from the HMR provided that:
(i) For inner packagings containing liquids the volume does not
exceed 0.23 liters (0.063 gallons) in capacity;
(ii) Solids containing ethyl alcohol are not packed in inner
packagings exceeding 0.22 kilograms (0.5 pounds) in weight;
(iii) The net liquid contents of all inner packagings in any single
outer packaging may not exceed 5.6 liters (1.5 gallons). The net solid
contents of all inner packagings in any single outer packaging may not
exceed 14.9 kilograms (33 pounds). The gross weight of any single outer
package shipped may not exceed 29.9 kilograms (66 pounds). Inner
packagings must be secured and cushioned within the outer package to
prevent breakage, leakage, and movement.
(3) For transportation by passenger or cargo aircraft, no outer
package may be transported which contains an inner packaging exceeding:
(i) 0.47 liters (0.125 gallons) of flammable liquid; or
(ii) 0.45 kilograms (1 pound) of solids containing flammable
liquid.
* * * * *
0
16. Amend Sec. 173.156 by revising paragraph (b) to read as follows:
Sec. 173.156 Exceptions for limited quantity and ORM.
* * * * *
(b) Packagings for limited quantity and ORM-D are specified
according to hazard class in Sec. Sec. 173.150 through 173.155,
173.306, and 173.309(b). In addition to exceptions provided for limited
quantity and ORM-D materials elsewhere in this part, the following are
provided:
(1) Strong outer packagings as specified in this part, marking
requirements specified in subpart D of part 172 of this subchapter, and
the 30 kg (66 pounds) gross weight limitation when--
(i) Unitized in cages, carts, boxes or similar overpacks;
(ii) Offered for transportation or transported by:
(A) Rail;
(B) Private or contract motor carrier; or
(C) Common carrier in a vehicle under exclusive use for such
service; and
(iii) Transported to or from a manufacturer, a distribution center,
or a retail outlet, or transported to a disposal facility from one
offeror.
(2) The 30 kg (66 pounds) gross weight limitation does not apply to
packages of limited quantity materials marked in accordance with Sec.
172.315 of this subchapter, or, until December 31, 2020, materials
classed and marked as ORM-D and described as a Consumer commodity, as
defined in Sec. 171.8 of this subchapter, when offered for
transportation or transported by highway or rail between a
manufacturer, a distribution center, and a retail outlet provided--
(i) Inner packagings conform to the quantity limits for inner
packagings specified in Sec. Sec. 173.150(b), 173.152(b), 173.154(b),
173.155(b), 173.306(a) and (b), and 173.309(b), as appropriate;
(ii) The inner packagings are packed into corrugated fiberboard
trays to prevent them from moving freely;
(iii) The trays are placed in a fiberboard box which is banded and
secured to a metal, plastic, composite, or wooden pallet by metal,
fabric, or plastic straps, to form a single palletized unit. Hazardous
materials should be compatible with the pallet material;
(iv) The package conforms to the general packaging requirements of
subpart B of this part; and
(v) The maximum net quantity of hazardous material permitted on one
palletized unit is 250 kg (550 pounds).
* * * * *
0
17. In Sec. 173.301, paragraphs (a)(11) and (12) are added 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.
* * * * *
(a) * * *
(11) Cylinder valves manufactured on or after November 7, 2019,
used on cylinders to transport compressed gases must conform to the
requirements in CGA V-9 (IBR; see Sec. 171.7 of this subchapter). A
valve for a UN pressure receptacle must conform to the
[[Page 55810]]
requirements of Sec. 173.301b(c)(1). Cylinder valves used on cylinders
in liquefied petroleum gas (LPG) service are permitted to comply with
the requirements of NFPA 58 (IBR; see Sec. 171.7 of this subchapter).
(12) Cylinder valve protection caps manufactured on or after
November 7, 2019, must conform to the requirements of CGA V-9.
* * * * *
0
18. In Sec. 173.335, paragraphs (a) is revised as follows:
Sec. 173.335 Chemical under pressure n.o.s.
* * * * *
(a) General requirements. A cylinder filled with a chemical under
pressure must be offered for transportation in accordance with the
requirements of this section and Sec. 172.301 of this subchapter. In
addition, a DOT specification cylinder must meet the requirements in
Sec. Sec. 173.301a, 173.302, 173.302a, and 173.305, as applicable. UN
pressure receptacles must meet the requirements in Sec. Sec. 173.301b,
173.302b, and 173.304b as applicable. Where more than one section
applies to a cylinder, the most restrictive requirements must be
followed. These materials are not subject to the cylinder valve cap
requirements in Sec. 173.301(a)(11) and (12).
* * * * *
PART 176--CARRIAGE BY VESSEL
0
19. 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
20. In Sec. 176.415, paragraph (b)(5) is added to read as follows:
Sec. 176.415 Permit requirements for Division 1.5, ammonium
nitrates, and certain ammonium nitrate fertilizers.
* * * * *
(b) * * *
(5) Ammonium nitrate, Division 5.1 (oxidizer) UN1942, shipped as a
limited quantity, if the nearest COTP is notified at least 24 hours in
advance of any loading or unloading in excess of 454 kg (1,000 pounds).
* * * * *
PART 178--SPECIFICATIONS FOR PACKAGINGS
0
21. 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.
0
22. In Sec. 178.35, paragraph (f)(7) is added to read as follows:
Sec. 178.35 General requirements for specification cylinders.
* * * * *
(f) * * *
(7) Marking exceptions. A DOT 8 or 8AL cylinder is not required to
be marked with the service pressure.
* * * * *
0
23. Amend Sec. 178.337-9 by revising paragraph (b)(8) to read as
follows:
Sec. 178.337-9 Pressure relief devices, piping, valves, hoses and
fittings.
* * * * *
(b) * * *
(8) Chlorine cargo tanks. Angle valves on cargo tanks intended for
chlorine service must conform to the standards of the Chlorine
Institute, Inc., Drawing; Dwg. 104-8; or ``Section 3, Pamphlet 166,
Angle Valve Guidelines for Chlorine Bulk Transportation;'' or
``Sections 4 through 6, Pamphlet 168, Guidelines for Dual Valve Systems
for Bulk Chlorine Transport'' (IBR, see Sec. 171.7 of this
subchapter). Before installation, each angle valve must be tested for
leakage at not less than 225 psig using dry air or inert gas.
* * * * *
0
24. Amend Sec. 178.516 by revising paragraph (b)(7) to read as
follows:
Sec. 178.516 Standards for fiberboard boxes.
* * * * *
(b) * * *
(7) Authorization to manufacture, mark, and sell UN4G combination
packagings with outer fiberboard boxes and with inner fiberboard
components that have individual containerboard or paper wall basis
weights that vary by not more than plus or minus 10% from the nominal
basis weight reported in the initial design qualification test report.
* * * * *
0
25. Amend Sec. 178.703 by revising paragraph (b)(6) to read as
follows:
Sec. 178.703 Marking of IBCs.
* * * * *
(b) * * *
(6) For each composite IBC, the inner receptacle must be marked
with at least the following information:
(i) The code number designating the IBC design type, the name and
address or symbol of the manufacturer, the date of manufacture and the
country authorizing the allocation of the mark as specified in
paragraph (a) of this section. The date of manufacture of the inner
receptacle may be different from the marked date of manufacture
required by Sec. 178.703(a)(1)(iv) or by Sec. 180.352(d)(1)(iv) of
this subchapter; and
(ii) When a composite IBC is designed in such a manner that the
outer casing is intended to be dismantled for transport when empty
(such as, for the return of the IBC for reuse to the original
consignor), each of the parts intended to be detached when so
dismantled must be marked with the month and year of manufacture and
the name or symbol of the manufacturer.
* * * * *
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
26. 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
27. Amend Sec. 180.407 by revising paragraph (g)(1)(iv) to read as
follows:
Sec. 180.407 Requirements for test and inspection of specification
cargo tanks.
* * * * *
(g) * * *
(1) * * *
(iv) Each cargo tank must be tested hydrostatically or
pneumatically to the internal pressure specified in the following
table. At no time during the pressure test may a cargo tank be subject
to pressures that exceed those identified in Table 1 to paragraph
(g)(1)(iv):
Table 1 to Paragraph (g)(1)(iv)
----------------------------------------------------------------------------------------------------------------
Specification Test pressure
----------------------------------------------------------------------------------------------------------------
MC 300, 301, 302, 303, 305, 306.......................... The test pressure on the name plate or specification
plate, or 1.5 times the MAWP, whichever is greater.
MC 304, 307.............................................. The test pressure on the name plate or specification
plate, 275.8 kPa (40 psig) or 1.5 times the design
pressure, whichever is greater.
MC 310, 311, 312......................................... The test pressure on the name plate or specification
plate, 20.7 kPa (3 psig) or 1.5 times the design
pressure, whichever is greater.
MC 330, 331.............................................. The test pressure on the name plate or specification
plate, 1.5 times either the MAWP or the re-rated
pressure, whichever is applicable.
[[Page 55811]]
MC 338................................................... The test pressure on the name plate or specification
plate, 1.25 times either the MAWP or the re-rated
pressure, whichever is applicable.
DOT 406.................................................. The test pressure on the name plate or specification
plate, 34.5 kPa (5 psig) or 1.5 times the MAWP,
whichever is greater.
DOT 407.................................................. The test pressure on the name plate or specification
plate, 275.8 kPa (40 psig) or 1.5 times the MAWP,
whichever is greater.
DOT 412.................................................. The test pressure on the name plate or specification
plate, or 1.5 times the MAWP whichever is greater.
----------------------------------------------------------------------------------------------------------------
* * * * *
0
28. Amend Sec. 180.605 by revising paragraph (l) to read as follows:
Sec. 180.605 Requirements for periodic testing, inspection and
repair of portable tanks.
* * * * *
(l) Record retention. (1) The owner of each portable tank or his
authorized agent shall retain a written record of the date and results
of all required inspections and tests, including an ASME manufacturer's
date report, if applicable, and the name and address of the person
performing the inspection or test, in accordance with the applicable
specification. The manufacturer's data report, including a
certificate(s) signed by the manufacturer, and the authorized design
approval agency, as applicable, indicating compliance with the
applicable specification of the portable tank, and related papers
certifying that the portable tank was manufactured and tested in
accordance with the applicable specification must be retained in the
files of the owner, or his authorized agent, during the time that such
portable tank is used for such service, except for Specifications 56
and 57 portable tanks.
(2) If the owner does not have the manufacturer's certificate
required by the specification and the manufacturer's data report
required by the ASME, the owner may contact the National Board for a
copy of the manufacturer's data report, if the portable tank was
registered with the National Board, or copy the information contained
on the portable tanks specification plate and ASME Code data plates.
Issued in Washington, DC, on October 29, 2018, under authority
delegated in 49 CFR 1.97.
Drue Pearce,
Deputy Administrator, Pipeline and Hazardous Materials Safety
Administration.
[FR Doc. 2018-23965 Filed 11-6-18; 8:45 am]
BILLING CODE 4910-60-P