[Federal Register Volume 68, Number 233 (Thursday, December 4, 2003)]
[Proposed Rules]
[Pages 67821-67827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29852]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 173, 174, 176, and 177

[Docket No. RSPA-03-16370 (HM-233)]
RIN 2137-AD84


Hazardous Materials; Incorporation of Exemptions Into Regulations

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: RSPA proposes to amend the Hazardous Materials Regulations to 
incorporate into the regulations the provisions of certain widely used 
exemptions which have established a history of safety and which may be 
converted into regulations for general use. We are also making minor 
revisions to the requirements for use of packagings authorized under 
exemptions. The proposed changes would provide wider access to the 
benefits of the provisions granted in these exemptions and eliminate 
the need for the current exemption holders to reapply for renewal of 
the exemption, thus reducing paperwork burdens and facilitating 
commerce while maintaining an acceptable level of safety.

DATES: Comments must be received by February 6, 2004.

ADDRESSES: You may submit comments [identified by DOT DMS Docket Number 
RSPA-03-16370 (HM-233)] by any of the following methods:
    [sbull] Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
    [sbull] Fax: 202-493-2251.
    [sbull] Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, PL-401, 
Washington, DC 20590-0001.
    [sbull] Hand Delivery: Room PL-401 on the plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.
    [sbull] Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Public 
Participation heading of the Supplementary Information section of this 
document. Note that all comments received will be posted, without 
change, to http://dms.dot.gov including any personal information 
provided. Please see the Privacy Act heading under Regulatory Analyses 
and Notices.
    Docket: For access to the docket to read background documents and 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Gigi Corbin, Office of Hazardous 
Materials Standards, (202) 366-8553 or Diane LaValle, Office of 
Hazardous Materials Exemptions and Approvals, (202) 366-4535, Research 
and Special Programs Administration, U.S. Department of Transportation, 
400 Seventh Street, SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    The Research and Special Programs Administration (RSPA) (hereafter, 
``we'' or ``us'') is proposing amendments to the Hazardous Materials 
Regulations

[[Page 67822]]

(HMR; 49 CFR parts 171-180) to incorporate a number of changes based on 
existing exemptions. This rulemaking is part of an ongoing effort to 
identify commonly used exemptions that have an established history of 
safety and may be converted into regulations. Adoption of these 
exemptions as rules of general applicability will provide wider access 
to benefits of the provisions granted in these exemptions. 
Additionally, these proposed changes will eliminate the need for the 
current holders to reapply for extension of the exemptions every two 
years and for us to process these renewal requests. In addition, we are 
proposing minor revisions to the requirements for use of packagings 
authorized under exemptions. We have identified the following subjects 
as suitable for incorporation into this notice of proposed rulemaking:
    Salvage cylinders: The use of non-DOT specification salvage 
cylinders for the overpacking and transportation in commerce of damaged 
or leaking cylinders of certain pressurized and non-pressurized 
hazardous materials has been authorized under various exemptions for 
several years. The exemptions affected are DOT-E 9507, 9781, 9991, 
10022, 10110, 10151, 10323, 10372, 10504, 10519, 10789,10987, 11257, 
11459, 12676, 12698, 12790, and 12898. This proposal and also responds 
to a petition for rulemaking (P-1168) submitted by the Chlorine 
Institute, Inc.
    Meter provers: A mechanical displacement meter prover is a 
mechanical device, permanently mounted on a truck or trailer, 
consisting of a piping system that is used to calibrate the accuracy 
and performance of meters that measure the quantity of product being 
pumped or transferred at facilities such as drilling locations, 
refineries, tank farms and loading racks. Exemptions provide relief 
from both bulk and non-bulk specification packaging requirements for 
mechanical displacement meter provers that are either truck or trailer 
mounted. The hazardous materials provided for are in Class 3 and 
Division 2.1. The exemptions affected are DOT-E 8278, 9004, 9048, 9162, 
9287, 9305, 9352, 10228, 10596, 10765, 12047, and 12808.
    Segregation: Exemptions provide relief from the segregation 
requirements in Sec.  177.848 which prohibit storage, loading, and 
transportation of (1) cyanides, cyanide mixtures or solutions with 
acids; and (2) Division 4.2 materials with Class 8 liquids, on the same 
transport vehicle. The exemptions affected are DOT-E 9723, 9769, 10441, 
10933, 11153, and 11294.

II. Public Participation

    Comments should identify the docket number (RSPA-03-16370) and, if 
sent by mail, comments are to be submitted in duplicate. Persons 
wishing to receive confirmation of receipt of their comments must 
include a self-addressed stamped postcard. Internet users may access 
all comments received by the Department of Transportation at http://dms.dot.gov.
    The following is a section-by-section summary of the proposed 
changes.

Section-by-Section Review

Part 171
Section 171.7
    We are proposing to incorporate by reference Chapters II, III, IV, 
V and VI of the American Society of Mechanical Engineers (ASME) 
``Pipeline Transportation Systems for Liquid Hydrocarbons and other 
Liquids,'' ASME B31.4-1998 Edition. See the Sec.  173.3 preamble 
discussion.
Part 173
Section 173.3
    We are proposing to authorize the use of salvage cylinders for 
overpacking a damaged or leaking cylinder containing materials other 
than Class 1 or 7 or acetylene. Salvage cylinders must be designed, 
constructed and marked in accordance with Section VIII, Division I of 
the ASME Code. Salvage cylinders are limited to a maximum capacity of 
450 L (119 gallons), and must be limited in pressure and volume so that 
they do not exceed the maximum allowable working pressure if the 
damaged cylinder contained within totally discharges. We have 
authorized the use of salvage cylinders under exemptions for several 
years with a safe and satisfactory transportation experience. Materials 
in Classes 1 and 7 and acetylene are not authorized under the terms of 
these exemptions; therefore, we have no transportation experience and 
are not including them in the proposal. Salvage cylinders must be 
retested in accordance with the Compressed Gas Association's (CGA) 
Pamphlet C-6; however, because a salvage cylinder is not a DOT 
specification cylinder, the requirement for a Requalification 
Identification Number (RIN) does not apply.
Section 173.5a
    We are proposing to editorially revise the requirements in Sec.  
173.5a and redesignate the current requirements as paragraph (a). We 
are also proposing to add a new paragraph (b) to include provisions for 
the transportation of mechanical displacement meter provers. We have 
authorized the transportation of mechanical displacement meter provers 
under exemptions for several years with a safe and satisfactory 
transportation experience. We are proposing to except mechanical 
displacement meter provers from the specification packaging 
requirements when: (1) They have a capacity not over 1,000 gallons; (2) 
they are permanently mounted on a truck chassis or a trailer; and (3) 
they contain only the residue of a Class 3 or Division 2.1 material. A 
mechanical displacement meter prover must be designed and constructed 
in accordance with certain provisions specified in the ASME Standard 
B31.4, and is subject to periodic visual inspection and hydrostatic 
retesting.
Section 173.12
    Currently, Sec.  173.12 authorizes the transportation of lab packs 
for disposal and recovery by highway only. However, under certain 
exemptions lab packs have been authorized to be transported by rail and 
cargo vessel. Lab packs are combination packagings used for the 
transportation of waste materials in Class or Division 3, 4.1, 4.2, 
4.3, 5.1, 6.1, 8 or 9. Lab packs are excepted from the specification 
packaging requirements for combination packagings if packaged in 
accordance with Sec.  173.12(b). We are proposing to amend paragraph 
(b) to allow lab packs to also be transported for disposal and recovery 
by rail and cargo vessel.
    We are proposing to add a new paragraph (e) in Sec.  173.12 to 
authorize the transportation of waste cyanides and waste cyanide 
mixtures or solutions with acids under certain conditions. Currently, 
the HMR prohibit the loading, storage and transportation of cyanides 
and cyanide mixtures or solutions on the same transport vehicle with 
acids, if a mixture of the materials would generate hydrogen cyanide 
(see Sec.  177.848(c)). Transportation of these materials on the same 
transport vehicle has been authorized under the terms of numerous 
exemptions with certain packaging and segregation requirements with a 
satisfactory and safe transportation experience. The exemptions 
affected are DOT-E 9723, 9769, 10441, and 10933.
    We are also proposing to authorize the transportation of waste 
Division 4.2 materials with Class 8 liquids under certain conditions. 
Storage, loading and transportation of Division 4.2 materials with 
Class 8 liquids on the same transport vehicle or storage facility is 
currently prohibited by the HMR. However, we have authorized the 
transportation of these materials on the

[[Page 67823]]

same transport vehicle under the exemption program under certain 
conditions with a safe and satisfactory transportation experience. The 
exemptions affected are DOT-E 11153 and 11294.
Section 173.13
    Section 173.13 excepts Class or Division 3, 4.1, 4.2, 4.3, 5.1, 
6.1, 8 or 9 materials from labeling and placarding requirements of the 
HMR if the material is packaged in accordance with the provisions of 
this section. The current exception applies to hazardous materials 
being transported by motor vehicle, rail car, or cargo aircraft. For 
transportation by cargo aircraft, the hazardous material must also be 
permitted to be transported on cargo aircraft in column (9B) of the 
Hazardous Materials Table (HMT). Section 173.13 restricts the net 
quantity per inner packaging to 1 L (0.3 gallon) for liquids and 2.85 
kg (6.25 lbs.) for solids and requires triple packaging which exceeds 
the packaging standard currently authorized. For many years, we have 
also authorized transportation by passenger aircraft with certain 
limitations with a safe and satisfactory transportation experience. The 
affected exemptions are DOT E-7891, 8249, 9168, 10672, 10962, 10977, 
11248, 12177, 12230, and 12401. Therefore, we are proposing to expand 
the exception to include transportation by passenger aircraft with 
certain limitations for materials that are permitted to be transported 
on passenger aircraft in Column (9A) of the HMT. The proposed exception 
provides the same level of safety as was previously provided under the 
exemption program.
Section 173.22a
    We are proposing to revise paragraph (b) of Sec.  173.22a by 
removing the requirement that a copy of each exemption that authorizes 
use of a packaging must be maintained at each facility where the 
package is being used in connection with the transportation of a 
hazardous material. Currently, the ``Special Provisions'' section of 
each exemption states where the exemption must be maintained, if we 
believe it is necessary. We believe that such a requirement should be 
handled on a case-by-case basis and see no need for an across-the-board 
requirement in the HMR. This proposal also responds to a petition for 
rulemaking (P-1293) submitted by W.W. Grainger, Inc. We are also 
proposing to revise paragraph (c) of Sec.  173.22a to clarify that a 
``current'' copy of an exemption must be provided to the carrier by 
each person offering hazardous materials under the terms of an 
exemption when the exemption contains requirements that apply to the 
carrier. Additionally, we are proposing to add the website address 
where a copy of an exemption can be obtained.
Part 174
Section 174.81
    We are proposing to revise paragraph (c) by adding a cross-
reference to Sec.  173.12(e) for cyanides, cyanide mixtures or 
solutions as well as Division 4.2 materials. See Sec.  173.12 preamble 
discussion. We are also proposing to editorially revise paragraph (d) 
for clarity.
Part 176
Section 176.83
    We are proposing to add a new paragraph (a)(11) to reference a 
segregation exception in Sec.  173.12(e) for lab packs containing 
cyanides and cyanide mixtures or solutions transported with acids, and 
for Division 4.2 materials in lab packs transported with Class 8 
liquids. See Sec.  173.12 preamble discussion.
Section 176.84
    We are proposing to add a Note to paragraph (b), Code ``52'' cross-
referencing Sec.  173.12(e) for cyanides and cyanide mixtures or 
solutions in lab packs. See Sec.  173.12 preamble discussion.
Part 177
Section 177.848
    We are proposing to revise paragraph (c) by adding a cross-
reference to Sec.  173.12(e) for cyanides, cyanide mixtures or 
solutions as well as Division 4.2 materials. See Sec.  173.12 preamble 
discussion. We are also proposing to editorially revise paragraph (d) 
for clarity.

III. Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is not considered a significant regulatory 
action under section 3(f) and was not reviewed by the Office of 
Management and Budget (OMB). The proposed rule is not considered a 
significant rule under the Regulatory Policies and Procedures order 
issued by the Department of Transportation [44 FR 11034]. The costs and 
benefits of this proposed rule are considered to be so minimal as to 
not warrant preparation of a regulatory impact analysis or a regulatory 
evaluation. The provisions of this proposed rule provide a relaxation 
of the regulations and, as such, would impose little or no additional 
costs to affected industry.

B. Executive Order 13132

    This proposed rule was analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
proposed rule would preempt state, local and Indian tribe requirements 
but does not propose any regulation that has substantial direct effects 
on the states, the relationship between the national government and the 
states, or the distribution of power and responsibilities among the 
various levels of government. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.
    Federal hazardous material transportation law, 49 U.S.C. 5101-5127, 
contains an express preemption provision (49 U.S.C. 5125(b)) preempting 
state, local, and Indian tribe requirements on certain covered 
subjects. Covered subjects are:
    (1) The designation, description, and classification of hazardous 
materials;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous materials and requirements related to the number, 
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous; or
    (5) The design, manufacture, fabrication, marking, maintenance, 
reconditioning, repair, or testing of a packaging or container 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous material.
    This proposed rule concerns classification, packaging, marking, 
labeling, and handling of hazardous materials, among other covered 
subjects. If adopted as final, this rule would preempt any state, 
local, or Indian tribe requirements concerning these subjects unless 
the non-Federal requirements are ``substantively the same'' (see 49 CFR 
107.202(d)) as the Federal requirements.
    Federal hazardous materials transportation law provides at 49 
U.S.C. 5125(b)(2) that if RSPA issues a regulation concerning any of 
the covered subjects, RSPA must determine and publish in the Federal 
Register the effective date of Federal preemption. The effective date 
may not be earlier than the 90th day following the date of issuance of 
the final rule and not later than two years after the date of issuance.

[[Page 67824]]

RSPA proposes the effective date of federal preemption be 90 days from 
publication of a final rule in this matter in the Federal Register.

C. Executive Order 13175

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

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities. 
An agency must conduct a regulatory flexibility analysis unless it 
determines and certifies that a rule is not expected to have a 
significant impact on a substantial number of small entities. This 
proposed rule incorporates into the Hazardous Materials Regulations 
certain widely used exemptions. It would relax certain requirements, 
while maintaining safety. It would result in modest cost savings and 
would not impose significant impacts on any of the entities, small or 
otherwise, potentially affected by the rule. Therefore, I certify this 
rule will not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure that potential impacts of 
draft rules on small entities are properly considered.

E. Paperwork Reduction Act

    RSPA has current information collection approvals under: OMB No. 
2137-0051, ``Rulemaking, Exemption, and Preemption Requirements'' with 
4,219 burden hours and an expiration date of May 31, 2006; and OMB No. 
2137-0022, ``Testing, Inspection, and Marking of Cylinders'', with 
168,431 burden hours and an expiration date of September 30, 2005. We 
do not anticipate any significant change in burden of these current 
information collections as a result of this proposed rulemaking.
    Section 1320.8(d), Title 5, Code of Federal Regulations requires 
that RSPA provide interested members of the public and affected 
agencies an opportunity to comment on information collection and 
recordkeeping requests. This notice identifies a new information 
collection request under OMB No. 2137-xxxx, ``Inspection and Testing of 
Meter Provers'' as proposed under this rule requiring annual visual 
inspections and 5-year pressure tests for meter provers. RSPA will 
submit this new information collection request to the Office of 
Management and Budget (OMB) for approval based on the requirements in 
this proposed rule. If these proposed requirements are adopted in a 
final rule with any revisions, RSPA will resubmit any revised 
information collection and recordkeeping requirements to the Office of 
Management and Budget for re-approval. We estimate that this proposed 
new information collection burden will be as follows: OMB No. 2137-
xxxx, ``Inspection and Testing of Meter Provers'':
    Annual Number of Respondents: 50.
    Annual Responses: 250.
    Annual Burden Hours: 175.
    Annual Burden Cost: $9,500.00.
    RSPA specifically requests comments on the information collection 
and recordkeeping burden associated with developing, implementing, and 
maintaining these requirements for approval under this proposed rule.
    Address written comments to the Dockets Unit as identified in the 
ADDRESSES section of this rulemaking. We must receive your comments 
prior to the close of the comment period identified in the DATES 
section of this rulemaking. Under the Paperwork Reduction Act of 1995, 
no person is required to respond to an information collection unless it 
displays a valid OMB control number.
    Please direct your requests for a copy of this proposed new 
information collection to Deborah Boothe or T. Glenn Foster, Office of 
Hazardous Materials Standards (DHM-10), Research and Special Programs 
Administration, Room 8430, 400 Seventh Street, SW., Washington, DC 
20590-0001, Telephone (202) 366-8553.

F. Regulation Identifier Number (RIN)

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

G. Unfunded Mandates Reform Act

    This proposed rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$100 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.

H. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended 
(42 U.S.C. 4321-4347), requires Federal agencies to consider the 
consequences of major Federal actions and prepare a detailed statement 
on actions significantly affecting the quality of the human 
environment. We developed an assessment to determine the effects of 
these proposed revisions on the environment and whether a more 
comprehensive environmental impact statement may be required. We have 
tentatively concluded that there are no significant environmental 
impacts associated with this proposed rule. Interested parties, 
however, are invited to review the Environmental Assessment available 
in the docket and to comment on what environmental impact, if any, the 
proposed regulatory changes would have.

I. Privacy Act

    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (65 FR 19477) or you 
may visit http://dms.dot.gov.

List of Subjects

49 CFR Part 171

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

49 CFR Part 173

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

[[Page 67825]]

49 CFR Part 174

    Hazardous materials transportation, Radioactive materials, Railroad 
safety.

49 CFR Part 176

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

49 CFR Part 177

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

    In consideration of the foregoing, 49 CFR Chapter I is proposed to 
be amended as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    2. In Sec.  171.7, in the paragraph (a)(3) table, under the entry 
``American Society of Mechanical Engineers'', a new entry is added in 
appropriate alphabetical order.
    The new entry reads as follows:


Sec.  171.7  Reference material.

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

------------------------------------------------------------------------
                                                                49 CFR
                 Source and name of material                   reference
------------------------------------------------------------------------
 
                               * * * * *
                American Society of Mechanical Engineers,
------------------------------------------------------------------------
Pipeline Transportation Systems for Liquid Hydrocarbons and        173.3
 other Liquids, Chapters II, III, IV, V and VI, ASME B31.4-
 1998 Edition...............................................
 
                                * * * * *
------------------------------------------------------------------------

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

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

    Authority: 49 U.S.C. 5101-5127; 44701; 49 CFR 1.45, 1.53.

    4. In Sec.  173.3, paragraph (d) is redesignated as paragraph (e) 
and a new paragraph (d) is added to read as follows:


Sec.  173.3  Packaging and exceptions.

* * * * *
    (d) Salvage cylinders. Cylinders of hazardous materials that are 
damaged or leaking may be overpacked in a non-specification full 
opening hinged head or fully removable head steel salvage cylinder 
under the following conditions:
    (1) Only a cylinder containing a Division 2.1, 2.2, 2.3, 3, 6.1, or 
a Class 8 material may be overpacked in a salvage cylinder. A cylinder 
containing acetylene may not be overpacked in a salvage cylinder.
    (2) Each salvage cylinder must be designed, constructed and marked 
in accordance with Section VIII, Division I of the ASME Code (IBR, see 
Sec.  171.7 of this subchapter) with a minimum design margin of 4 to 1. 
Salvage cylinders may not be equipped with a pressure relief device. 
Salvage cylinders must have provisions for securely positioning the 
damaged cylinder contained therein.
    (3) The maximum water capacity for a salvage cylinder may not 
exceed 450 L (119 gallons).
    (4) Contents must be limited in pressure and volume so that if 
totally discharged into the salvage cylinder, the pressure in the 
salvage cylinder will not exceed the MAWP at:
    (i) 21 [deg]C (70 [deg]F) for non-liquefied gases, or
    (ii) 55 [deg]C (131 [deg]F) for liquefied gases.
    (5) Each salvage cylinder must be cleaned and purged after each 
use.
    (6) Each salvage cylinder must be plainly marked with:
    (i) The proper shipping name of the hazardous material contained 
inside the packaging;
    (ii) The name and address of the consignee or consignor;
    (iii) The words ``SALVAGE CYLINDER'' in letters at least 50 mm (2.0 
inches) high in a permanent manner; and
    (iv) The name and address or registered symbol of the manufacturer 
in a permanent manner.
    (7) Each salvage cylinder must be labeled for the hazardous 
material contained inside the packaging.
    (8) The shipper must prepare shipping papers in accordance with 
subpart C of part 172 of this subchapter.
    (9) The overpack requirements of Sec.  173.25 of this part do not 
apply to salvage cylinders used in accordance with this section.
    (10) Transportation is authorized by motor vehicle only.
    (11) At least once every 2 years, each cylinder must be visually 
inspected (internally and externally) in accordance with CGA Pamphlet 
C-6 (IBR, see Sec.  171.7 of this subchapter) and pressure tested. A 
minimum test pressure of at least 1\1/2\ times MAWP must be maintained 
for at least 30 seconds. The cylinder must be examined under test 
pressure and removed from service if a leak or a defect is found.
    (12) The retest and inspection must be performed by a person 
familiar with salvage cylinders and trained and experienced in the use 
of the inspection and testing equipment.
    (13) Each salvage cylinder that is requalified in accordance with 
paragraph (d)(11) of this section must be durably and legibly marked on 
the sidewall with the word ``Tested'' followed by the requalification 
date (month/year), e.g., ``Tested 9/04.'' The marking must be in 
letters and numbers at least 12 mm (0.5 inches) high.
    (14) Record retention. The owner of each salvage cylinder or his 
authorized agent shall retain a record of the most recent visual 
inspection and pressure test until the salvage cylinder is requalified. 
The records must be made available to a DOT representative upon 
request.
    (15) In addition to the training requirements of Sec. Sec.  172.700 
through 172.704 of this subchapter, a person who loads, unloads or 
transports a salvage cylinder must be trained in handling, loading and 
unloading the salvage cylinder.
* * * * *
    5. Section 173.5a is revised to read as follows:


Sec.  173.5a  Oilfield service vehicles and mechanical displacement 
meter provers.

    (a) Oilfield service vehicles. Notwithstanding Sec.  173.29 of this 
subchapter, a cargo tank motor vehicle used in oilfield servicing 
operations is not subject to the specification requirements of this 
subchapter provided--
    (1) The cargo tank and equipment contains only residual amounts 
(i.e., it is emptied so far as practicable) of a flammable liquid alone 
or in combination with water,
    (2) No flame producing device is operated during transportation, 
and
    (3) The proper shipping name is preceded by ``RESIDUE: LAST 
CONTAINED * * * '' on the shipping paper for each movement on a public 
highway.
    (b) Mechanical displacement meter provers. (1) For purposes of this 
section, a mechanical displacement meter prover is a mechanical device, 
permanently mounted on a truck chassis or trailer and transported by 
motor vehicle, consisting of a pipe assembly that is used to calibrate 
the accuracy and performance of meters that measure the quantity of a 
product being pumped or transferred at facilities such as drilling

[[Page 67826]]

locations, refineries, tank farms and loading racks.
    (2) A mechanical displacement meter prover is excepted from the 
specification packaging requirements in part 178 of this subchapter 
provided it--
    (i) Contains only the residue of a Class 3 or Division 2.1 
material. For liquids, the meter prover must be drained to the maximum 
extent practicable and may not exceed 10% of its capacity; for gases, 
the meter prover must not exceed 25% of the marked pressure rating;
    (ii) Has a water capacity of 3,785 L (1,000 gallons) or less;
    (iii) Is designed and constructed in accordance with Chapters II, 
III, IV, V and VI of the ASME Standard B31.4 (IBR, see Sec.  171.7 of 
this subchapter);
    (iv) Is marked with the maximum service pressure determined from 
the pipe component with the lowest pressure rating; and
    (v) Is equipped with rear-end protection as prescribed in Sec.  
178.337-10(d) or Sec.  178.345-8(d) of this subchapter and with 49 CFR 
393.86 of the Federal Motor Carrier Safety Regulations.
    (3) The description on the shipping paper for a meter prover 
containing the residue of a hazardous material must include the phrase 
``RESIDUE: LAST CONTAINED * * *'' before the basic description.
    (4) A meter prover must be visually inspected once a year; and 
pressure tested once every 5 years at not less than 75% of design 
pressure.
    (5) Each meter prover successfully completing the test and 
inspection must be marked in accordance with Sec.  180.415(b) of this 
subchapter. The marking must be on the side of a tank or the largest 
piping component in letters 50 mm (2.0 inches) high on a contrasting 
background.
    (6) The owner must retain a record of the most recent visual 
inspection and pressure test until the meter prover is requalified. The 
test or inspection report must include the following:
    (i) Serial number or other meter prover identifier;
    (ii) Type of test or inspection performed;
    (iii) Test date (month/year);
    (iv) Location of defects found, if any, and method used to repair 
each defect;
    (v) Name and address of person performing the test or inspection;
    (vi) Disposition statement, such as ``Meter Prover returned to 
service'' or ``Meter Prover removed from service''.
    (7) Prior to any repair work, the meter prover must be emptied of 
any hazardous material. Meter provers containing flammable lading must 
be purged.
    6. In Sec.  173.12, paragraph (b)(1), the first sentence is revised 
and a new paragraph (e) is added to read as follows:


Sec.  173.12  Exceptions for shipment of waste materials.

* * * * *
    (b) * * *
    (1) Waste materials classed as Class or Division 3, 4.1, 4.2, 4.3, 
5.1, 6.1, 8, or 9 are excepted from the specification packaging 
requirements of this subchapter for combinations packagings if packaged 
in accordance with this paragraph and transported for disposal or 
recovery by highway, rail or cargo vessel only. * * *
* * * * *
    (e) Exceptions from segregation requirements. (1) The provisions of 
Sec. Sec.  174.81(c), 176.84(b) and 177.848(c) of this subchapter do 
not apply to waste cyanides or waste cyanide mixtures or solutions 
stored, loaded, or transported with acids in accordance with the 
following:
    (i) The waste cyanides or waste cyanide mixtures or solutions must 
be packaged in lab packs in accordance with paragraph (b) of this 
section;
    (ii) The Class 8 acids must be packaged in lab packs in accordance 
with paragraph (b) of this section or in authorized single packagings 
not exceeding 208 L (55 gallons) capacity;
    (iii) Waste cyanides or waste cyanide mixtures may not exceed 1 kg 
(2.2 pounds) per inner receptacle and may not exceed 10 kg (22 pounds) 
per outer packaging; waste cyanide solutions may not exceed 1 L (0.3 
gallon) per inner receptacle and may not exceed 10 L (3.0 gallons) per 
outer packaging.
    (iv) The waste cyanides or waste cyanide mixtures or solutions must 
be--
    (A) Separated from the acids by a minimum horizontal distance of 
1.2 m (4 feet); and
    (B) Secured on pallets not less than 100 mm (4 inches) high.
    (2) The provisions of Sec. Sec.  174.81(d), 176.83(b) and 
177.848(d) of this subchapter do not apply to waste Division 4.2 
materials stored, loaded or transported with Class 8 liquids in 
accordance with the following:
    (i) The waste Division 4.2 materials are packaged in lab packs in 
accordance with paragraph (b) of this section;
    (ii) The Class 8 liquids are packaged in lab packs in accordance 
with paragraph (b) of this section or in authorized single packagings 
not exceeding 208 L (55 gallons) capacity;
    (iii) The waste Division 4.2 materials may not exceed 1 kg (2.2 
pounds) per inner receptacle and may not exceed 10 kg (22 pounds) per 
outer packaging;
    (iv) The waste Division 4.2 materials must be separated from the 
Class 8 liquids by a minimum horizontal distance of 1.2 m (4 feet);
    (v) The waste Division 4.2 materials and the Class 8 liquids are 
secured on pallets of not less than 100 mm (4 inches) in height.
* * * * *
    7. In Sec.  173.13, paragraph (b) is revised to read as follows:


Sec.  173.13  Exceptions for Class 3, Divisions 4.1, 4.2, 4.3, 5.1, 
6.1, and Classes 8 and 9 materials.

* * * * *
    (b) A hazardous material conforming to the requirements of this 
section may be transported by motor vehicle, rail car, or passenger 
vessel. In addition, packages prepared in accordance with this section 
may be transported by aircraft under the following conditions:
    (1) Cargo-only aircraft. Only hazardous materials permitted to be 
transported aboard either a passenger or cargo-only aircraft by column 
(9A) or (9B) of the Hazardous Materials Table in Sec.  172.101 of this 
subchapter are authorized aboard cargo-only aircraft.
    (2) Passenger carrying aircraft. Only hazardous materials permitted 
to be transported aboard a passenger aircraft by column (9A) of the 
Hazardous Materials Table in Sec.  172.101 of this subchapter are 
authorized aboard passenger aircraft. The completed package, assembled 
as for transportation, must be successfully tested in accordance with 
part 178 of this subchapter at the Packing Group I level. A hazardous 
material which meets the definition of a Division 5.1 (oxidizer) at the 
Packing Group I level in accordance with Sec.  173.127(b)(1)(i) of this 
subchapter may not be transported aboard a passenger aircraft.
    (3) Packages offered for transportation aboard either passenger or 
cargo-only aircraft must meet the requirements for transportation by 
aircraft specified in Sec.  173.27 of this subchapter.
* * * * *


Sec.  173.22a  [Amended]

    8. Amend Sec.  173.22a:
    a. In paragraph (c), by adding the word ``current'' between the 
words ``the'' and ``exemption'' the last time it appears.
    b. In paragraph (b), by removing the second sentence; and revising 
the last sentence to read as follows:


Sec.  173.22a  Use of packagings authorized under exemptions.

* * * * *
    (b) * * * Copies of exemptions may be obtained by accessing the 
Hazardous

[[Page 67827]]

Materials Safety Web site at http://hazmat.dot.gov/exemptions_index.htm or by writing to the Associate Administrator for Hazardous 
Materials Safety, U.S. Department of Transportation, Washington, DC 
20590-0001, Attention: Records Center.
* * * * *

PART 174--CARRIAGE BY RAIL

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

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    10. In Sec.  174.81, paragraphs (c) and (d) are revised to read as 
follows:


Sec.  174.81  Segregation of hazardous materials.

* * * * *
    (c) Except as provided in Sec.  173.12(e) of this subchapter, 
cyanides, cyanide mixtures or solutions and Division 4.2 materials may 
not be stored, loaded and transported with acids.
    (d) Except as otherwise provided in this subchapter, hazardous 
materials must be stored, loaded or transported in accordance with the 
following table and other provisions of this section:
* * * * *

PART 176--CARRIAGE BY VESSEL

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

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    12. In Sec.  176.83, new paragraph (a)(11) is added to read as 
follows:


Sec.  176.83  Segregation.

    (a) * * *
    (11) Certain exceptions from segregation for waste cyanides or 
waste cyanide mixtures or solutions transported with acids and waste 
Division 4.2 materials transported with Class 8 liquids are set forth 
in Sec.  173.12(e) of this subchapter.
    13. In Sec.  176.84, in the paragraph (b) Table, following Code 
``52'', a footnote is added to read as follows:


Sec.  176.84  Other requirements for stowage and segregation for cargo 
vessels and passenger vessels.

* * * * *
    (b) * * *

------------------------------------------------------------------------
             Code                              Provisions
------------------------------------------------------------------------
 
                                * * * * *
52............................  Stow ``separated from'' acids.1
 
                               * * * * *
------------------------------------------------------------------------
\1\ For waste cyanides or waste cyanide mixtures or solutions, refer to
  Sec.   173.12(e) of this subchapter.

PART 177--CARRIAGE BY PUBLIC HIGHWAY

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

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    15. In Sec.  177.848, paragraphs (c) and (d) are revised to read as 
follows:


Sec.  177.848  Segregation of hazardous materials.

* * * * *
    (c) Except as provided in Sec.  173.12(e) of this subchapter, 
cyanides, cyanide mixtures or solutions and Division 4.2 materials may 
not be stored, loaded and transported with acids.
    (d) Except as otherwise provided in this subchapter, hazardous 
materials must be stored, loaded or transported in accordance with the 
following table and other provisions of this section:
* * * * *

    Issued in Washington, DC on November 24, 2003 under authority 
delegated in 49 CFR part 106.
Robert A. McGuire,
Administrator for Hazardous Materials Safety.
[FR Doc. 03-29852 Filed 12-3-03; 8:45 am]
BILLING CODE 4910-60-P