[Federal Register Volume 75, Number 21 (Tuesday, February 2, 2010)]
[Rules and Regulations]
[Pages 5376-5403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1615]



[[Page 5375]]

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Part II





Department of Transportation





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Pipeline and Hazardous Materials Safety Administration



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49 CFR Parts 171, 172, 173, et al.



Hazardous Material; Miscellaneous Packaging Amendments; Final Rule

  Federal Register / Vol. 75 , No. 21 / Tuesday, February 2, 2010 / 
Rules and Regulations  

[[Page 5376]]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 174, and 178

[Docket No. PHMSA-06-25736 (HM-231)]
RIN 2137-AD89


Hazardous Material; Miscellaneous Packaging Amendments

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

ACTION: Final rule.

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SUMMARY: In this final rule, PHMSA is amending packaging requirements 
in the Hazardous Materials Regulations to enhance compliance 
flexibility, improve clarity, and reduce regulatory burdens. 
Specifically, we are revising several packaging related definitions; 
adding provisions to allow more flexibility when preparing and 
transmitting closure instructions, including conditions under which 
closure instructions may be transmitted electronically; adding a 
requirement for shippers to retain packaging closure instructions; 
incorporating new language that will allow for a practicable means of 
stenciling the ``UN'' symbol on packagings; and clarifying a 
requirement to document the methodology used when determining whether a 
change in packaging configuration requires retesting as a new design or 
may be considered a variation of a previously tested design. This final 
rule also incorporates requirements for construction, maintenance, and 
use of Large Packagings.

DATES: Effective Date: October 1, 2010.
    Voluntary Compliance Date: Compliance with the requirements adopted 
herein is authorized as of March 4, 2010. However, persons voluntarily 
complying with these regulations should be aware that appeals may be 
received and as a result of PHMSA's evaluation of these appeals, the 
amendments adopted in this final rule may be revised accordingly.

FOR FURTHER INFORMATION CONTACT: Eileen Edmonson, Office of Hazardous 
Materials Standards, (202) 366-8553, or Ben Moore, Office of Hazardous 
Materials Technology, (202) 366-4545; Pipeline and Hazardous Materials 
Safety Administration, U.S. Department of Transportation, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background
II. Provisions Adopted in This Final Rule
    A. Definitions
    B. Plastic Packagings Used To Transport Poison Materials
    C. Revisions to the Hazardous Materials Table
    D. Exceptions for Shipments of Waste Materials
    E. Package Closure Instructions
    F. General Requirements for Bulk Packagings
    G. Reuse, Reconditioning, and Remanufacture of Packagings
    H. Package Marking Requirements for Drums
    I. UN Symbol Marking
    J. Design-Type Variations
    K. Selective Testing of Steel Drums
    L. Revisions to Requirements for IBCs
    M. Large Packagings
    N. Additional Revisions in This Final Rule
III. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for the Rulemaking
    B. Executive Order 12866 and DOT Regulatory Policies and 
Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Policies and Procedures
    F. Unfunded Mandates Reform Act of 1995
    G. Paperwork Reduction Act
    H. Regulation Identification Number (RIN)
    I. Environmental Assessment
    J. Privacy Act

I. Background

    On September 1, 2006, we published a notice of proposed rulemaking 
(NPRM) under Docket HM-231 (71 FR 52017) that proposed to: (1) Revise, 
remove, and add definitions specific to packaging requirements; (2) 
amend import and export provisions to require plastic single and 
composite non-bulk packagings containing Division 6.1 material to be 
marked ``POISON'' in conformance with Sec.  172.313(b); (3) revise 
certain Sec.  172.101 Table entries for packaging requirements; (4) add 
and revise certain special provisions to authorize the transportation 
of certain hazardous materials in Large Packagings; (5) clarify 
shippers' responsibilities for complying with packaging standards; (6) 
clarify requirements for stacking of bulk packages; (7) correct an 
error in provisions applicable to intermediate bulk container (IBC) 
requirements related to gauge pressure; (8) authorize the 
transportation of bromine residue in cargo tanks; (9) clarify 
requirements applicable to closure instructions for specification 
packagings; (10) add exceptions for marking of steel drums; (11) add an 
exception to permit marking of the UN symbol on specification 
packagings with a stencil; (12) amend general requirements for the use 
of certain packaging variations; and (13) add standards and provisions 
for the manufacture and use of Large Packagings.
    Twenty-four persons submitted comments on the NPRM. Most supported 
adoption of the proposals in the NPRM. Negative comments were generally 
focused on issues related to record retention of closure instructions, 
documenting methodologies utilized to determine whether packaging 
variations achieve an equivalent level of performance to already tested 
packaging configurations, and the definitions proposed for bulk and 
non-bulk packaging.
    The comments may be reviewed at http://www.regulations.gov. For 
convenience, a list of the commenters is provided below.

----------------------------------------------------------------------------------------------------------------
                                             Date of letter
               Name/company                 or when received                     Document No.
----------------------------------------------------------------------------------------------------------------
Kathryn W. Pacha..........................        09/05/2006  PHMSA-2006-25736-2
Georgia Department of Public Safety.......        09/25/2006  PHMSA-2006-25736-3
Regulatory Resources, Inc. (RRI)..........        10/06/2006  PHMSA-2006-25736-4
Frits Wybenga.............................        10/09/2006  PHMSA-2006-25736-5
European Chemical Industry Council (CEFIC)        10/24/2006  PHMSA-2006-25736-6
The Dangerous Goods Advisory Council              10/26/2006  PHMSA-2006-25736-7
 (DGAC).
North American Automotive Hazmat Action           11/16/2006  PHMSA-2006-25736-8
 Committee (NAAHAC).
Kurt Colborn..............................        11/22/2006  PHMSA-2006-25736-9
National Association of Chemical                  11/22/2006  PHMSA-2006-25736-10
 Distributors (NACD).
The Chlorine Institute, Inc...............        11/22/2006  PHMSA-2006-25736-11
HMT Associates L.L.C......................        11/21/2006  PHMSA-2006-25736-12
Air Products and Chemicals, Inc. (Air             11/29/2006  PHMSA-2006-25736-13
 Products).
American Trucking Associations (ATA)......        11/30/2006  PHMSA-2006-25736-14

[[Page 5377]]

 
U.S. Department of Energy (DOE)...........        11/30/2006  PHMSA-2006-25736-15
Crop Life America (CropLife)..............        11/27/2006  PHMSA-2006-25736-16
C. L. Smith Company.......................        11/30/2006  PHMSA-2006-25736-17
Flexible Intermediate Bulk Container              11/30/2006  PHMSA-2006-25736-18
 Association (FIBCA).
Reusable Industrial Packaging Association         11/27/2006  PHMSA-2006-25736-19
 (RIPA).
Charles E. Tudor, CP-P/MH.................        11/28/2006  PHMSA-2006-25736-20
Steel Shipping Container Institute (SSCI).        11/29/2006  PHMSA-2006-25736-0022
American Promotional Events, Inc. (APE)...        11/30/2006  PHMSA-2006-25736-23
Greg McCanless............................        10/12/2007  PHMSA-2006-25736-24
----------------------------------------------------------------------------------------------------------------

    On December 1, 2006, we published a correction to the NPRM to 
correct mathematical calculations under the Paperwork Reduction Act 
section of the rulemaking. The revision changed the total number of 
annual respondents from 5,000 to 5,010, and the total number of annual 
responses from 15,000 to 15,500 for OMB Control No. 2137-0572.
    This final rule is designed primarily to enhance safety, clarify 
specific packaging regulations and to ease and enhance compliance by 
incorporating changes into the HMR based on PHMSA's own initiative and 
petitions for rulemaking submitted in accordance with 49 CFR 106.95. We 
are also adding two new subparts to Part 178--Subpart P-Large Packaging 
Standards, and Subpart Q-Testing of Large Packagings--to facilitate the 
use of these packagings.
    In this final rule, we are amending the HMR to:
    1. Revise the definitions for ``Bulk packaging'' and ``Large 
packaging'' to allow intermediate forms of containment and add a 
definition for ``Strong outer packaging'' for consistency and clarity 
when shipping in non-specification packaging.
    2. Revise Sec.  172.101 Table entries to authorize the use of Large 
Packagings for certain explosives, and revise packaging requirements 
for ``Azodicarbonamide'' and ``Isosorbide-5-mononitrate.''
    3. Add and revise special provisions to facilitate the use of Large 
Packagings.
    4. Clarify shippers' responsibilities regarding package closure 
instructions and electronic transmission, and add new requirements 
regarding retention and other exceptions.
    5. Clarify shippers' responsibilities to comply with the HMR's 
packaging standards, and to document the method used when determining 
whether a change in packaging configuration requires retesting as a new 
design or may be considered a variation of a previously tested design.
    6. Correct an error in general IBC requirements related to pressure 
limits.
    7. Authorize the transportation of bromine residue in cargo tanks.
    8. Revise requirements applicable to closure instructions to permit 
manufacturers additional flexibility when preparing and transmitting 
them.
    9. Permit stenciling of the UN symbol on specification packagings.
    10. Add new Subparts P and Q to Part 178 to authorize the 
manufacture, testing, and use of Large Packagings.
    This final rule also implements several revisions proposed in the 
NPRM based on six petitions for rulemaking:

----------------------------------------------------------------------------------------------------------------
                                   Date of letter                                                       Petition
          Name/company            or when received                     Document No.                       No.
----------------------------------------------------------------------------------------------------------------
Monsanto-The Agricultural Group.        04/16/1993  PHMSA-RSPA-1993-12657-0001.......................     P-1173
Steel Shipping Container                05/20/1997  PHMSA-RSPA-2002-13401-0001.......................     P-1337
 Institute.
The Association of Container            05/20/1998  PHMSA-RSPA-1998-12610-0001.......................     P-1359
 Reconditioners.
Steel Shipping Container                01/26/1999  PHMSA-RSPA-2002-13401-0001.......................     P-1371
 Institute.
Arch Chemicals, Inc.............        10/01/2002  PHMSA-RSPA-2002-14130-0002.......................     P-1431
Dangerous Goods Advisory Council        04/19/2005  PHMSA-2005-21091-0001............................     P-1455
----------------------------------------------------------------------------------------------------------------

    The petitions are discussed in more detail in the appropriate 
sections of this preamble. Each of these petitions may be viewed at 
http://www.regulations.gov in the docket for this rulemaking.

II. Provisions Adopted in This Final Rule

    Following is a discussion of the comments we received in response 
to the 2006 NPRM and a detailed explanation of the provisions we are 
adopting in this final rule.

A. Definitions

    Section 171.8 contains the general definitions and section 
references that apply to the HMR. In the NPRM, we proposed to revise 
the definitions in this section for bulk, non-bulk, and large 
packaging; remove the definition for strong outside container; and add 
definitions for reconditioned, remanufactured, and strong outer 
packagings.
    Bulk and Non-bulk Packaging. In the NPRM, we proposed to revise the 
definitions for ``Bulk packaging'' and ``Non-bulk packaging'' based on 
the particular packaging specification at issue and volumetric 
capacity. The proposed changes were prompted by a petition from 
Monsanto Company (P-1173) and designed to make the definitions easier 
to understand. In the NPRM, we proposed to remove the maximum net mass 
and water capacity limits from these definitions and replace them with 
requirements that emphasize packaging type and the performance-oriented 
packaging standards of Subparts C, L, and M of 49 CFR Part 178, as 
applicable. We proposed these changes to clarify the current 
definitions, eliminate confusion, and enhance voluntary compliance. We 
did not intend to change the quantity thresholds in the HMR for bulk or 
non-bulk packagings.
    The majority of commenters object to the proposed changes. The 
commenters have the following concerns:
    1. Applicability of the proposed definitions to cylinders. Three 
commenters (the NACD, The Chlorine Institute, Inc., and Air Products) 
suggest that the proposed definition for ``bulk packaging'' could be 
interpreted to cover the DOT 3AX, 3AAX, and 3T bulk cylinders. In its 
comments, NACD states

[[Page 5378]]

that these containers have traditionally been considered non-bulk 
packagings and have been handled as such without safety problems. All 
three commenters are concerned that this ``re-definition'' will 
adversely affect the transportation of many compressed gases and could 
result in the application of regulatory requirements specific to the 
transportation of bulk packages to transporters of larger chlorine 
cylinders, essentially eliminating a common transportation method for 
transporting DOT 3AAX cylinders by highway. The commenters also contend 
that this change would place a substantial burden on shippers and users 
of chlorine with no safety justification because historically these 
packagings have had few problems in transportation.
    2. Applicability of the proposed definitions to RAM. The U.S. 
Department of Energy (DOE) is strongly opposed to a bulk/non-bulk 
distinction with regard to radioactive materials (RAM) packaging. DOE 
states that packaging requirements for RAM have historically been based 
on risk and containment only, without consideration for volume. DOE 
also cites a previously issued interpretation that stated that RAM 
packagings are generally considered non-bulk (Reference Number: 01-
0153). DOE is specifically concerned with the implications of bulk 
venting requirements and the removal of the restriction on intermediate 
forms of containment in bulk packagings. DOE is further concerned that 
current requirements restricting the venting of bulk packagings would 
prevent necessary venting of certain RAM packagings if they are classed 
as ``bulk.''
    3. Volumetric capacity limits and Harmonization with United Nations 
(UN) Model Regulations. Nine commenters state that the non-bulk 
packaging definition should be based on UN Model Regulations (i.e., no 
volumetric limit for solids). These commenters assert that use of the 
UN Model Regulations allows non-bulk packagings with volumetric 
capacities greater than 450 liters (119 gallons) provided the weight 
does not exceed 400 kg (882 pounds). Generally, the commenters assert 
that the lack of harmonized definitions places U.S. companies at a 
competitive disadvantage and appears to provide no safety benefits, 
while a harmonized standard would promote flexibility and cost-
effectiveness. The RIPA agrees it may be beneficial to harmonize with 
the international requirements, but believes all the consequences of 
such a change should be considered more fully in a separate rulemaking.
    4. Necessity of definitions. Two commenters (DGAC and APE) state 
the definitions for bulk and non-bulk packaging should be removed from 
the HMR. In its comments, DGAC states that the delineation is arbitrary 
and that the terms no longer serve a useful purpose in regulation. APE 
states these terms are not used in international regulations, and in 
its experience using these terms is detrimental to U.S. industry and 
offers no safety benefits.
    On the other hand, Kathryn W. Pacha states ``Removal of the 
volumetric requirement from the definition could make the application 
of markings, labels, and placards more confusing and not less.'' Ms. 
Pacha supports the volumetric limit in the current version of the HMR 
and stated in her comments: ``From the perspective of emergency 
responders, if a package looks big, it should be communicated as 
``big'' since communication requirements are for emergency 
responders.'' RIPA also opposes removing the volumetric limits in the 
HMR for bulk and non-bulk packagings because it finds the proposed 
definitions more confusing than the originals, and believes without 
these volumetric definitions the distinction between IBCs and drums 
could disappear.
    Based on the overwhelming opposition to the proposed definitions 
for ``bulk packaging'' and ``non-bulk packaging,'' we are not adopting 
the proposed definitions in this final rule. Packaging manufacturers 
and shippers should be aware that packagings with a volumetric capacity 
greater than 450 liters (119 gallons) as a receptacle for a liquid, 
both a maximum net capacity greater than 450 L (119 gallons) and a 
maximum net mass greater than 400 kg (882 pounds) as a receptacle for a 
solid, and a water capacity greater than 454 kg (1,000 pounds) as a 
receptacle for a gas are bulk packagings under the HMR regardless of 
the weight or volume of the hazardous material contained therein. See 
Sec.  171.8. We want to emphasize for packaging manufacturers and 
shippers that the bulk packaging definition is based on the capacity of 
a packaging, not on the actual amount contained in the packaging at 
shipment. Thus, packagings with the bulk volumetric capacity mentioned 
earlier in this paragraph are bulk packagings for purposes of the HMR 
regardless of the weight or volume of the hazardous material contained 
therein.
    In this final rule, we are removing the phrase ``with no 
intermediate form of containment'' from the definition of a ``bulk 
packaging.'' Modifying the definition in this way clarifies that Large 
Packagings, which contain inner packagings, are considered bulk 
packagings for purposes of the HMR. Commenters did not oppose this 
change.
    In conjunction with our proposal to revise the definitions for 
``bulk packaging'' and ``non-bulk packaging,'' we proposed to define 
standards for each specific non-bulk specification packaging type. We 
proposed to amend Sec. Sec.  178.512 through 178.521 to specify 
volumetric capacity may not exceed 450 L (119 gallons) for the 
following packaging design types: aluminum boxes, natural wood boxes, 
plywood boxes, reconstituted wood boxes, fiberboard boxes, plastic 
boxes, woven plastic bags, plastic film bags, textile bags, and paper 
bags. The purpose was to eliminate uncertainty in determining if a 
package is a bulk package or a non-bulk package.
    Commenters strongly oppose the revised definitions and the 
revisions to Sec. Sec.  178.512 through 178.521. As discussed above, we 
are not adopting the proposed definitions for non-bulk and bulk 
packagings in this final rule. Similarly, we are not adopting the 
revisions proposed for Sec. Sec.  178.512 through 178.521. However, 
packaging manufacturers and shippers should be aware that packagings 
with a volumetric capacity greater than 450 liters (119 gallons) are 
bulk packagings regardless of the weight of the hazardous material 
contained in the packaging.
    Strong outside container and strong outer packaging. In the NPRM, 
we proposed to remove the definition for ``strong outside container'' 
and add a new definition for ``strong outer packaging.'' Currently, the 
HMR use the terms ``strong outside container,'' ``strong outside 
packaging,'' and ``strong outer packaging'' interchangeably; however, 
there is no definition for ``strong outer packaging'' or ``strong 
outside packaging'' in Sec.  171.8. Therefore, we proposed to remove 
the wording ``strong outside container'' and ``strong outside 
packaging,'' add the language from the ``strong outside container'' 
definition to a new definition for ``strong outer packaging,'' and add 
additional language to the new definition as follows:

[[Page 5379]]



------------------------------------------------------------------------
Strong outside container vs.
   strong outer packaging            Current              Proposed
------------------------------------------------------------------------
                              Strong outside        Strong outer
                               container means the   packaging means the
                               outermost enclosure   outermost enclosure
                               which provides        which provides
                               protection against    protection against
                               the unintentional     the unintentional
                               release of its        release of its
                               contents under        contents. It is a
                               conditions normally   packaging, which is
                               incident to           sturdy, durable,
                               transportation.       and constructed so
                                                     that it will retain
                                                     its contents under
                                                     normal conditions
                                                     of transportation,
                                                     including rough
                                                     handling. In
                                                     addition, a strong
                                                     outer packaging
                                                     must meet the
                                                     general packaging
                                                     requirements of
                                                     subpart B of part
                                                     173 of this
                                                     subchapter but need
                                                     not comply with the
                                                     specification
                                                     packaging
                                                     requirements in
                                                     Part 178 of the
                                                     subchapter. For
                                                     transport by
                                                     aircraft, a strong
                                                     outer packaging is
                                                     subject to Sec.
                                                     173.27 of this
                                                     subchapter.
------------------------------------------------------------------------

    Three commenters, RRI, the DGAC, and the NAAHAC, submitted comments 
in support of the proposed new definition. RRI and NAAHAC strongly 
support the new definition; however, they disagree with the use of the 
phrase ``including rough handling'' following the long-used phrase 
``normal conditions of transport'' because it implies that rough 
handling is ``normal.'' In the course of transportation, packages are 
handled in a manner that can be characterized as ``rough.'' Rough 
handling is common and may occur any time a package is loaded or 
unloaded in a hurried manner, shifts while in a transport vehicle, or 
is dropped from a height of more than a few inches (e.g., three 
inches). After further consideration, we have concluded that adding the 
phrase ``including rough handling'' is redundant and inconsistent with 
other HMR provisions that include the phrase ``normal conditions of 
transportation.'' Therefore, in this final rule we are removing the 
phrase ``including rough handling'' from the definition proposed in the 
NPRM.
    DGAC supports the new definition for ``strong outer packaging'' but 
questions the need to reference Subpart B of Part 173 and Sec.  173.27. 
DGAC contends that most strong outer packagings are used to transport 
limited quantities, the regulatory requirements for which already 
reference Subpart B. The commenter is correct that the regulatory 
requirements applicable to limited quantity shipments already reference 
Subpart B. However, there are a number of instances in the HMR 
authorizing the transportation of certain classes and quantities of 
hazardous materials, other than limited quantities, in strong outer 
packagings. Including the references to Subpart B of Part 173 and Sec.  
173.27 in the definition for ``strong outer packaging'' will contribute 
to an increased level of regulatory compliance by cross-referencing the 
requirements that apply.
    PHMSA notes none of the commenters objected to the interchangeable 
manner in which ``strong outside container,'' ``strong outside 
packaging,'' and ``strong outer packaging'' are currently used in the 
HMR. Although ``strong outer packaging'' is used the most in the HMR, 
to PHMSA's knowledge, the interchangeable use of this wording with 
strong outside container and strong outside packaging has resulted in 
little or no confusion to the shipper. Further, we believe that 
removing ``strong outside container'' and ``strong outside packaging'' 
from the HMR may cause confusion for the regulated community that may 
compromise safety, whereas adding the definition for ``strong outer 
packaging'' and a sentence at its end that states the three terms are 
interchangeable may clarify their meaning. Therefore, in this final 
rule we are adding a sentence to the end of the new definition for 
``strong outer packaging'' in Sec.  171.8 to clarify that ``strong 
outside container'' and ``strong outside packaging'' are synonymous in 
meaning with ``strong outer packaging.''
    Remanufactured packaging, Reused packaging, and Reconditioned 
Packaging. Currently, the HMR define ``remanufactured packaging,'' 
``reused packaging,'' and ``reconditioned packaging'' in Sec.  173.28. 
In the NPRM, we proposed to add a reader's aid to Sec.  171.8 to refer 
to the definitions for ``remanufactured packaging'' and ``reconditioned 
packaging'' in Sec.  173.28. We did not propose a reference to ``reused 
packaging'' in the NPRM. RIPA supports the addition of the reader's 
aids for ``remanufactured packaging'' and ``reconditioned packaging'' 
in Sec.  171.8, and suggests that PHMSA should also add a reference for 
``reused packaging'' in Sec.  171.8. We agree. In this final rule, we 
are adding a reference for ``reused packaging'' in Sec.  171.8.

B. Plastic Packagings Used To Transport Poison Materials

    Section 171.23 establishes conditions under which shippers may use 
the international standards as authorized by the HMR for shipments 
transported to, from, or within the United States. Arch Chemicals, Inc. 
(``Arch'') petitioned PHMSA (P-1431) to amend this section to reference 
the marking requirement in Sec.  172.313(b). Paragraph (b) of Sec.  
172.313 requires plastic single and composite non-bulk packagings 
containing Division 6.1 material to be marked ``POISON.'' The purpose 
of this marking is to inform persons who may wish to re-use a packaging 
that previously contained a poisonous material that the packaging 
should not be used for foodstuffs because the poison may have permeated 
the packaging material. In its petition, Arch states that, because 
Sec.  171.23 does not require compliance with Sec.  172.313, import 
shipments need not have this marking, creating an inconsistency in the 
HMR. Thus, in the NPRM we proposed to require import and export 
shipments to be marked in accordance with Sec.  172.313(b).
    Several commenters, including Arch, oppose this proposal. Instead, 
they suggest that we eliminate the domestic marking requirement. Two 
commenters, Air Products and CropLife, state the term ``poison'' is not 
used in international regulations. CropLife further states it believes 
the United States should not require that ``poison'' be marked on 
foreign plastics that contain these types of materials without evidence 
the requirement will achieve measureable safety improvements. 
Commenters also state that the current requirements are outdated 
because newer plastics have been developed since Sec.  172.313(b) was 
originally incorporated into the HMR. The newer plastics are designed 
so that they could be filled with a poison material, cleaned, and 
filled with a foodstuff safely.

[[Page 5380]]

    In this final rule we are not adopting the proposed change due to 
overwhelming opposition to the proposal, including opposition from the 
original petitioner. Comments concerning elimination of the domestic 
marking requirement are beyond the scope of this rulemaking. PHMSA may 
consider revisions to the import-export requirements or a proposal to 
the UN as a future initiative.
    The Dangerous Goods Advisory Council (DGAC) notes that PHMSA 
permits the use of the word ``TOXIC'' in the place of ``POISON.'' We 
agree that TOXIC can be used in place of POISON throughout the HMR. 
Therefore, we are not revising Sec.  172.313 in this final rule to 
clarify further that the HMR permit the word ``TOXIC'' to be used as an 
alternative to the word ``POISON.''

C. Revisions to the Hazardous Materials Table

    The Hazardous Materials Table (HMT) in Sec.  172.101 lists the 
proper shipping name, hazard class, and identification number that must 
be used to describe a hazardous material in transportation. In the 
NPRM, we proposed several minor amendments to the HMT related to 
packaging provisions. We received no comments on these proposals; 
therefore, we are adopting them as proposed in this final rule.
    We are amending the entries for ``Azodicarbonamide'' and 
``Isosorbide-5-mononitrate.'' Because these materials pose similar 
hazards, they are best packaged in the same manner as Musk xylene (5-
tert-Butyl-2,4,6-trinitro-m-xylene). We are changing their references 
for non-bulk packaging to Sec.  173.223. To authorize the 
transportation of certain explosives in Large Packagings consistent 
with the UN Recommendations, several entries for explosives are revised 
to read ``62'' rather than ``none'' in Column (8c). We are also making 
editorial changes to the special provisions and vessel stowage 
requirements for these entries in the HMT.
    As proposed in the NPRM, we are revising Sec.  173.223 for 
consistency with the revised HMT entries for ``Azodicarbonamide'' and 
``Isosorbide-5-mononitrate.'' PHMSA received no comments on the 
language change proposed in the NPRM, and will adopt these provisions 
as proposed.

D. Exceptions for Shipments of Waste Materials

    Section 173.12 establishes conditions for reuse of previously used 
packagings for the transportation of hazardous waste. The Association 
of Container Reconditioners (ACR) (P-1328) petitioned PHMSA to amend 
Sec.  173.12(c). ACR states the minimum thickness criteria specified in 
Sec.  173.28(b)(4) for the reuse of metal and plastic drums and 
jerricans should be applied to packagings reused for waste materials 
under the exception in Sec.  173.12(c). ACR contends that hazardous 
waste packagings currently excepted under Sec.  173.12(c) should be 
subject to minimum thickness criteria, and that the inclusion of Sec.  
173.12(c) is an oversight and was inadvertently incorporated into the 
HMR as part of Docket HM-181 (December 21, 1990; 55 FR 52401).
    The exception in Sec.  173.12(c) is not authorized for a packaging 
intended to be used more than two times (initial use and the return 
shipment of the waste product). A package may only be shipped under 
this exception once and must meet the following conditions: (1) It may 
only be transported by highway; (2) it must be loaded by the shipper 
and unloaded by the consignee or shipped by a private motor carrier; 
(3) the packaging may not be offered for transportation less than 
twenty-four hours after it is finally closed for transportation and; 
(4) each package must be inspected for leakage and found to be free 
from leaks immediately prior to being offered for transportation. If 
the packaging is subsequently reused, it will be subject to the minimum 
thickness requirements in Sec.  173.28(b)(4). The significant 
restrictions of Sec.  173.12(c) and the fact that the exception may 
only be used once per packaging make it unnecessary to require a 
shipper to comply with the minimum thickness criteria in Sec.  
173.28(b)(4). Therefore, we do not believe that the packages that 
comply with the restrictions in Sec.  173.12(c) need to comply with the 
minimum thickness criteria in Sec.  173.28(b)(4). We also do not 
believe that the costs associated with the impacts of both petitioners' 
requests are commensurate with the benefits and, therefore, in this 
final rule we are denying their petitions.
    Citing safety as their concern, RIPA supports maintaining minimum 
thickness criteria for steel and plastic drums reused for one-time 
shipments of hazardous wastes under the waste exceptions in Sec.  
173.12. RIPA suggests that the uncertainty in characterizing these 
wastes warrants more stringent requirements for their packaging. We 
disagree. As we previously stated, based on the additional provisions 
that must be met in Sec.  173.12(c), we concluded that there will be 
minimal, if any, additional safety benefit as a result of an additional 
minimum thickness requirement for this exception and there would be 
significant additional cost associated with the addition of such a 
requirement.

E. Packaging Closure Instructions

    In accordance with Sec.  178.2(c), a packaging manufacturer and 
subsequent distributors of the packaging must provide written 
instructions for assembling and closing the packaging so that it will 
maintain its integrity during transportation. However, this section 
does not specify how detailed the closure instructions must be or what 
they must include. Generally, we expect that the closure instructions 
will provide for a consistent and repeatable means of closure. For 
example, the manufacturer's closure instructions could specify a range 
of torque values applicable to the closure or a detailed closure method 
(e.g., tighten the cap until the bottle contacts the cap gasket and 
then tighten an additional \3/4\ turn). Alternatively, the packaging 
and closure could be designed with a stop feature of other indexing to 
indicate how the cap should be tightened. The closure instructions 
should be consistent with the language in the packaging test report and 
written so the user is able to duplicate the closure method. In the 
NPRM, we proposed to add language to Sec.  178.2(c) to clarify closure 
instruction requirements. The new language clarifies that any closure 
method is authorized provided that it is measurable and repeatable.
    Several commenters express concern with this new language, 
suggesting that it is a significant, unnecessary, and potentially 
costly new requirement (RIPA); that it will be ineffective because 
closure failures, when they occur, are more likely the result of human 
error and not closing the package in accordance with the closure 
instructions (DGAC); and that it may not always be possible to employ a 
closure method that is ``measurable'' (FIBCA) or ``repeatable'' (RIPA).
    Comments are not correct that the proposed language requiring 
packagings to be closed ``in the same manner'' as when the package 
design type was tested is a new requirement; this is a longstanding 
regulatory requirement. The proposed revision to this section was 
intended to clarify that packaging closure methods must be consistent 
and repeatable, but need not necessarily require instruments such as a 
torque wrench.
    We are confident that manufacturers will be able to develop closure 
methods for all packagings that are both repeatable and measurable. The 
meaning of the term ``measurable'' will differ depending on the type of 
packaging. For example, on a bottle

[[Page 5381]]

``measurable'' could be the torque setting on a torque wrench or the 
number of turns (or fraction thereof) past contact with a gasket. In 
the case of a flexible packaging, it could be the setting on a sewing 
device, type and grade of thread, the type of glue, the location where 
the tie-off is to be placed, or pressure settings on a sealing device. 
We agree that certain closure methods are not measurable in the sense 
that they cannot be quantified with a number and a unit of measure 
(e.g., 25 inch-pounds).
    In this final rule, we are revising Sec.  178.2(c)(1)(ii) to 
clarify that closure instructions must provide for a repeatable means 
of closure consistent with the means of closure used for performance 
testing. This change is intended to provide additional flexibility to 
packaging manufacturers and allow for packagings with a simpler means 
of closure.
    In addition, in this final rule we are amending Sec.  178.2(c) to 
clarify that a packaging manufacturer may transmit the information 
required in this section, including closure instructions, using 
electronic means instead of or in addition to making a written 
notification. Such electronic means of notification may include emailed 
transmissions or transmission on a CD or other similar device. 
Permitting the use of electronic means to meet the notification 
requirements in this section provides manufacturers with additional 
flexibility and will reduce compliance costs. Note that if a 
manufacturer elects to utilize electronic measures to make the required 
notifications, he must make a positive notification--that is, he must 
email or transmit the information specific to the packaging in question 
and the transmission must be in a form that can be printed in hard copy 
by the person receiving the notification. Referring the person 
receiving the notification to a website for the required information is 
not acceptable.
    In the NPRM, we proposed to revise the shipper's responsibilities 
in Sec.  173.22(a)(4) to include a requirement to retain a copy of the 
packaging closure instructions provided by the packaging manufacturer. 
As proposed, a shipper would be required to retain closure instructions 
for at least 375 days. Current requirements specify that the person 
transferring the packaging to the shipper or distributor must furnish a 
copy of the closure instructions; however, there is no requirement for 
the shipper to retain the documentation.
    A number of commenters (RIPA, DGAC, Mr. Frits Wybenga, Air 
Products, FIBCA, CropLife, and SSCI) oppose a requirement for shippers 
to retain packaging closure instructions. These commenters state the 
proposed requirement imposes a significant new record retention 
requirement without adequate justification or underlying data. RIPA 
states it ``is unaware of any data or other evidence developed by DOT 
to support its proposal. In fact, it is quite probable that leaks from 
closures are more often the result of human error rather than the 
unavailability of adequate closure instructions.'' RIPA suggests that 
if the proposal is adopted, the record retention period should be 
limited to 365 days and shippers should be required to retain only one 
current copy of a manufacturer's closure notification. Several 
commenters questioned the safety benefit of retaining packaging closure 
instructions for 375 days.
    Two commenters (DOE and NAAHAC) support the proposal to ensure that 
the necessary closure instructions and supporting test documents are 
available and used, but DOE's request that PHMSA clarify how this 
proposed requirement would apply to gas cylinders, cargo tanks, and 
portable tanks. DOE also requests that PHMSA simplify the retention 
requirement for variation packagings to keep document retention costs 
at a minimum. Air Products states precautionary labels exist on 
compressed gas cylinders that include closure instructions, and 
questions what benefit additional closure instructions would provide. 
NAAHAC requests that only the initial shipper be required to provide 
closure instructions and supportive documentation, if applicable, to 
the second user of the package. NAAHAC states ``to require that all of 
this information be provided to and maintained by [each] subsequent 
shipper who has opened the package and is reusing it would place a 
significant burden on the industry.'' The NACD suggested, if a 
sufficient need can be demonstrated for retaining the closure 
instructions, that PHMSA require each shipper to retain an on-site 
master list of closure instructions and variations instead of those for 
each individual packaging to reduce the amount of paperwork.
    Underlying our NPRM proposal to require shippers to retain 
packaging closure instructions was our belief that, in the absence of a 
regulatory requirement, most shippers retain closure instructions as a 
responsible business practice to ensure that employees know how to 
properly close a package. We, therefore, assumed that imposition of a 
regulatory requirement would result in only a minimally increased 
paperwork burden. However, the commenters indicate that retention of 
closure instructions is not a common practice.
    We continue to believe that shippers should retain and utilize the 
closure instructions provided by packaging manufacturers to ensure 
these packagings, including those with variations, are properly 
prepared and closed for transportation. As we stated in the NPRM, a 
packaging may be filled and closed by a hazmat employee other than the 
individual who receives the manufacturer's packaging closure 
instructions. Moreover, a packaging may not be filled and closed for 
weeks or months after it has been sold or otherwise transferred to the 
shipper. In the absence of closure instructions, the shipper and its 
employees may not know how to properly close the package. Indeed, in 
its comments on proposed revisions to Sec.  178.2(c) (discussed 
elsewhere in this preamble), DGAC states that closure failures, when 
they occur, are likely the result of not closing the package in an 
accordance with the closure instructions. Our incident data shows that 
the primary cause of incidents involving leakage from packages in 
transportation is improperly closed packages.
    We agree that human error often results in leaks from closures, and 
we believe that use of accurate closure instructions will result in 
fewer instances of human error. A hazmat employee's ability to properly 
close a hazardous materials packaging is significantly compromised 
without the manufacturer's closure instructions. Retention of and 
adherence to the closure instructions will help to ensure hazardous 
materials packages are closed as the manufacturer intended, thereby 
reducing the possibility that these packages will leak or be breached 
during transportation. This will also provide consistency for training. 
There are many employees that do not perform hazardous material related 
functions daily, so on the occasion when they are requested to do so, 
having instructions to use as a guide will assist them with performing 
these tasks in conformance with the regulations. Therefore, we are 
retaining this requirement and, in response to the comments, are 
slightly reducing the number of days of retention to 365 and adjusting 
our estimates of the compliance burden, including the paperwork burden, 
to account for the fact that most shippers do not currently retain 
closure instructions.
    We note that a shipper may retain closure instructions in a variety 
of ways that may prove cost effective. For example, a shipper may 
maintain closure instructions in an electronic

[[Page 5382]]

format or as part of a package of guidance material for hazmat 
employees who are responsible for filling and closing packagings. 
Further, the closure instructions need not be maintained in the precise 
format or wording provided by the manufacturer. If a shipper identifies 
a more effective way to communicate closure instructions to its hazmat 
employees--such as through graphical or pictorial depictions, step-by-
step instructions, simplified wording, or similar methods--a shipper 
may do so provided the substance of the closure instructions is 
retained. The closure instructions should be retained in a format that 
will ensure that each hazmat employee responsible for closing the 
packaging to which the instructions apply understands the instructions 
and can apply them consistently. Therefore, in this final rule, we are 
adopting a requirement for shippers to retain packaging closure 
instructions provided by the packaging manufacturer for at least 365 
days after offering the package for transportation. We are also 
adopting an exception from this requirement for closure instructions 
that are permanently embossed or printed on the packaging.

F. General Requirements for Bulk Packagings

    In the NPRM, we proposed a new paragraph Sec.  173.24b(e) to 
clarify that bulk packagings not designated and tested for stacking may 
not be stacked during transportation. In addition, we proposed adding 
language to clarify that bulk packagings intended for stacking may not 
have more weight superimposed upon them than what is marked on the 
packaging. Currently, the requirements in Sec.  173.24b(e) apply to 
IBCs and Large Packagings only. See existing Sec.  178.703(a)(1)(vii) 
and new Sec.  178.903(a)(1)(vii) in this rule. The HMR require bulk 
packagings designed or intended to be stacked to meet stacking test 
requirements, either through performance testing specifically 
prescribed in the HMR or industry standards incorporated-by-reference 
into the HMR (see Sec.  171.7). However, the HMR do not always require 
the maximum load that can be stacked on the packaging to be marked or 
indicated on the packaging in the same manner as it requires this 
information on IBC and Large Packagings. Adopting the language proposed 
in the NPRM for Sec.  173.24b(e) may add additional testing, marking, 
and paperwork activities for some bulk packagings that were not 
previously considered under this rulemaking action or that may already 
be addressed under some other type of informational marking. Therefore, 
we are not revising existing Sec.  173.24b(e) in this final rule. We 
will continue to examine this issue to determine if additional 
rulemaking action is necessary. The comments we received on this 
subject in response to this rulemaking will be taken under 
consideration if we develop a future rulemaking.
    Air Products, ATA, CropLife, RIPA, and DGAC supported aligning the 
stacking requirements for IBC and Large Packagings with those the UN 
Subcommittee on the Transport of Dangerous Goods was considering at the 
time this NPRM was published, which included incorporating specific 
symbols to indicate if these packages could or could not be stacked 
during transportation. In December 2006, the UN Subcommittee adopted 
these symbols in the 15th edition of the UN Recommendations as a 
stacking mark for IBCs packagings only that are manufactured, repaired, 
or remanufactured on or after 1/1/2011. We've repeated the symbols here 
for your convenience. They are also located in the ATA's comments 
(PHMSA-2006-25736-0014).
    IBCs not capable of being stacked
    [GRAPHIC] [TIFF OMITTED] TR02FE10.000
    
    IBCs capable of being stacked (must include the maximum stacking 
weight):
[GRAPHIC] [TIFF OMITTED] TR02FE10.001

    In a final rule PHMSA issued on January 14, 2009, PHMSA 
incorporated these symbols for IBCs into Sec.  178.703 of the HMR (see 
Docket Nos. PHMSA-2007-0065 (HM-224D) and PHMSA-2008-0005 (HM-215J); 74 
FR 2200). This section requires manufacturers of IBC packagings that 
are manufactured, repaired, or remanufactured after 1/1/2011 to mark 
IBCs with the appropriate symbol, and for those that successfully pass 
the stacking test prescribed in Sec.  178.815 to include the weight of 
material that may be safely stacked on the packaging as part of the 
stacking symbol and specification marking. A packaging not subjected to 
a stacking test must be marked to indicate that it may not be stacked. 
For example, the ``0'' in the second from last position of the 
following UN standard marking ``UN51H/Z/06 04/USA/+ZT1235/0/500'' 
indicates that the packaging must not be stacked. If a number greater 
than zero is in this same position in the marking, such as the number 
``250'' in the following example ``UN51H/Z/06 04/USA/+ZT1235/250/500,'' 
the package may be stacked provided the gross weight stacked upon it 
does not exceed this number in kilograms. Commenters on this provision 
in the Docket No. HM-215J rules stated the new stacking symbol is 
easier for carriers to recognize and understand.
    The ATA strongly encourages PHMSA to communicate this stacking 
requirement to carriers, who often are responsible for loading 
hazardous materials packages. We have already begun incorporating 
information about these IBC stacking requirements in our training 
programs and materials. However, we have not determined at this time 
whether to require the IBC stacking capability symbols for Large 
Packagings. PHMSA may consider such action in a future rulemaking.

G. Reuse, Reconditioning, and Remanufacture of Packagings

    In the NPRM, we proposed to clarify that packagings not meeting 
minimum thickness criteria may not be reconditioned or remanufactured. 
DGAC and RIPA strongly oppose this proposal. Both commenters state 
remanufactured packagings, such as drums and jerricans, should be 
treated as ``new'' packagings under the HMR. Since newly manufactured 
packagings are not subject to minimum thickness criteria, these 
commenters assert that remanufactured packagings also should not be 
subject to such criteria.
    The commenters are correct that remanufactured packagings are 
filled and transported in the same manner as new packagings. For this 
reason, however, we believe it is critical for transportation safety 
that the packaging remanufacturer confirm that they are suitable for 
transportation. The minimum thickness criteria currently prescribed in 
Sec.  173.28 are designed to prevent packagings with wall thicknesses 
that are too thin to safely perform their containment function from 
being reused, reconditioned, or remanufactured. The proposed revisions 
were intended to clarify that when a packaging no longer meets the 
minimum thickness criteria, it is no longer suitable for reconditioning 
or remanufacturing. However, we note that this provision applies to 
packagings

[[Page 5383]]

intended for reuse as well. Therefore, we are adopting the revisions as 
proposed and adding reused packagings to clarify that the minimum 
thickness provision applies to reused, reconditioned, and 
remanufactured packagings.
    In Sec.  173.35(h)(2), we are correcting an error in the pressure 
limitation for metal IBCs. Currently, paragraph (h)(2) prohibits the 
gauge pressure in a metal IBC from exceeding 110 kPa (16 psig) at 50 
[deg]C (122 [deg]F), or 130 kPa (18.9 psig) at 55 [deg]C (131 [deg]F). 
Use of the term ``gauge pressure'' is an error. We are correcting this 
by changing the phrase ``gauge pressure'' to read ``vapor pressure.'' 
We received no comments on this issue.

H. Packaging Marking Requirements for Drums

    Under the HMR, DOT specification and UN standard packagings must be 
marked with their package specification markings as specified in 
Sec. Sec.  178.3 and 178.503. Section 178.3(a) requires that the 
marking must appear on a non-removable component of the packaging. 
Section 178.3(a)(5) requires that packagings with a gross mass of 30 kg 
(66 pounds) or more must have their original or duplicate specification 
markings appear on the top or side of the packaging. Section 178.3(c) 
states a packaging that conforms to more than one DOT specification or 
UN standard may display each specification marking in its entirety at 
each location the markings appear provided the packaging meets the 
requirements for each standard or specification. Further, under Sec.  
178.503(a)(1), UN standard markings described in paragraphs (a)(1) 
through (a)(6) (i.e., UN symbol, identification code, performance 
standard, specific gravity or mass, hydrostatic pressure, and year of 
manufacture) and (a)(9)(i) (i.e., nominal thickness of packagings 
intended for reuse or reconditioning) must appear in a permanent form 
on the bottom of each new metal drum with a capacity greater than 100 L 
(26 gallons); however, the markings on the top, head or side of these 
drums need not be permanent.
    SSCI petitioned PHMSA (P-1371) to modify the marking requirements 
under Sec. Sec.  178.3(a)(5) and 178.503(a)(10) for packagings with a 
gross mass of more than 30 kg (66 pounds). In its petition, SSCI 
requests PHMSA change the HMR to allow the duplicate marking to be a 
lesser design standard than that marked on the bottom of the packaging. 
For example, a packaging would be tested and marked on the bottom as 
meeting the Packing Group I performance standard and the duplicate 
marking on the side would indicate that the packaging is certified to 
the Packing Group II performance standard. SSCI states some shippers 
will not accept a drum marked for PG I materials if they are shipping 
PG II or III materials. SSCI says the requested change would reduce the 
need to test drums differently for different customers, thereby 
reducing potential inventory problems and increasing flexibility for 
both manufacturers and shippers. PHMSA proposed the change in the NPRM 
to this rulemaking.
    Several commenters, including RRI, DOE, and RIPA, opposed the 
proposal. These commenters state potential confusion could result from 
the presence of different performance standard markings that do not 
appear together in the same location on the same drum. RIPA notes that 
dual marking of drums in this manner would be confusing, particularly 
because RIPA states the ``official'' certification mark for drums is 
the top or side mark, not the bottom mark. Once a drum is filled and in 
transportation, RIPA states the only mark that need be accessed to 
determine compliance would be the side marking. Thus, the test data for 
the drum marked to the PG I standard on the bottom and the PG II or PG 
III standard on the side would be required to show that the drum passed 
the PG II or PG III performance tests, not the PG I test. Also, if the 
top and/or side marking is removed during reconditioning, RIPA suggests 
there is no way to accurately trace the standard to which the drum was 
originally manufactured.
    A DOT specification or UN standard packaging must be marked as 
specified in Sec. Sec.  178.3 and 178.503. Section 178.3(a) specifies 
that the marking of DOT specification or UN standard packagings shall 
be placed on a non-removable component of the packaging in an 
unobstructed area, and shall provide adequate accessibility. The HMR do 
not require markings to be placed in a specific location for non-bulk 
packages with a gross weight less than 30 kg (66 pounds). For packages 
with a gross mass of more than 30 kg (66 pounds), as prescribed in 
Sec.  178.3(a)(5), the markings or a duplicate marking must appear on 
the top or side of the packaging. In accordance with Sec.  
178.503(a)(1), every new metal drum having a capacity of 100 L must 
bear the marks described in paragraphs (a)(1) through (a)(6) and 
(a)(9)(i) in a permanent form on the bottom. The markings on the top, 
head or side of these packagings need not be permanent. In addition, as 
specified in Sec.  173.28(b)(4), metal and plastic drums and jerricans 
used as single packagings or the outer packagings of composite 
packaging more than once must be marked in a permanent manner (able to 
withstand the reconditioning process) with the minimum thickness of the 
packaging material.
    In this final rule, we are not revising Sec. Sec.  178.3(a)(5) and 
178.503(a)(10) to allow a lesser design standard to be marked on the 
side or top than that required on the bottom. We agree with the 
objecting commenters that this change may result in confusion and this 
resulting confusion could impact safety, especially if the correct 
marking becomes separated from the container (e.g., if a lid with the 
correct marking becomes separated from the container, the container is 
filled with a hazardous material that has a higher packing group rating 
than that marked on the side or top, or if a filled container is too 
heavy to read its highest performance rating marking on its bottom 
surface). Further, as stated earlier in this preamble, the HMR already 
permits DOT specification and UN standard packagings to bear more than 
one specification marking if the packaging meets the requirements of 
each design standard or specification, and these markings appear 
together and in their entirety at each location they are placed on the 
packaging. Section 178.503(c)(2) of the HMR permits a packaging that 
has been reconditioned to bear markings that identify a different 
performance capability than the original tested design type of the 
packaging, and these markings may even be different from those 
permanently marked on the bottom of a drum, but these markings may not 
identify a greater performance capability than the original tested 
design type. This provision permits the reconditioner to permanently 
downgrade a packaging (e.g., an ``X'' rated PG I packaging to a ``Y'' 
PG II packaging) provided the new marking includes the reconditioner's 
mark. This practice does not apply to new packagings because dual 
marking for these packagings is already authorized under the HMR.

I. UN Symbol Marking

    The Dangerous Goods Advisory Council (DGAC) petitioned PHMSA (P-
1455; Docket PHMSA-2005-22474-2) to allow stenciling of the United 
Nations symbol (UN Symbol). The HMR do not currently prohibit 
stenciling of the UN symbol; however, the current marking requirements 
in Sec.  178.503 discourage stenciling because they do not tolerate 
even small gaps in the circle surrounding the letters ``u'' and ``n.'' 
The only way to stencil the UN symbol without leaving gaps in the 
circle is to use a two-step stenciling system. DGAC states that a two-
step process introduces

[[Page 5384]]

variability, which often results in a smeared image. In the NPRM, we 
proposed revising Sec.  178.503 paragraphs (a)(1) and (e)(1) to include 
an objective standard under which small gaps in the UN symbol are 
permitted. We proposed restricting the gaps to a size no greater than 
ten percent of the circumference of the circle and the number of gaps 
to no more than three to ensure that the symbol will remain readily 
identifiable.
    Three commenters (RIPA, Charles E. Tudor, and SSCI) support the 
proposal. However, the commenters suggest that PHMSA adopt a more 
performance-based approach and permit a stenciled mark so long as it is 
legible and readily identifiable. Specifying the permissible number, 
size, and placement of gaps in the symbol allows any person to 
determine whether his or her stencil meets the standard without a case-
by-case regulatory determination by PHMSA. Another commenter, the DGAC, 
recommends PHMSA adopt a similar approach to that of the UN 
Subcommittee, which considered stenciling the UN symbol mark acceptable 
without establishing any specific provisions on stenciling. The DGAC 
also supports adding language to permit a stenciled UN mark if it is 
identifiable from a normal reading distance, which it states can be 
implied from a letter of clarification PHMSA issued on another type of 
marking process when it was the Research and Special Programs 
Administration. If PHMSA does retain the regulatory language to permit 
stenciling, the DGAC recommends that the proposed requirements in 
paragraphs Sec.  178.503(e)(1)(ii)(A) through (e)(1)(ii)(D) be removed.
    In this final rule, we are adopting the proposal to permit the UN 
symbol to be stenciled on a packaging. In response to Charles E. 
Tudor's comments, we are modifying the proposed standard to allow four 
gaps in the circle, and we are adopting a total gap size no greater 
than 15 percent of the circumference of the circle to accommodate the 
fourth break in the circle. Consistent with this revision, in this 
final rule we are revising Sec.  178.703 (a)(1)(i) to authorize 
stenciling of the UN symbol for IBCs.

J. Design-Type Variations

    Current Sec.  178.601(g)(1) provides exception ``Variation 1'' that 
allows a person to substitute an inner receptacle without additional 
testing to demonstrate compliance with the applicable performance 
standard if it can be determined that the substitute inner packaging, 
including its closure, maintains an equivalent level of performance as 
the originally tested package. The current requirements do not 
specifically require documentation of the methodology used to determine 
that a packaging maintains an equivalent level of performance. In the 
NPRM, we proposed to revise Sec.  178.601(g)(1) to require the person 
making a change to a packaging design under the provisions of Variation 
1 to document the methodology used to demonstrate equivalent 
performance.
    Air Products and DGAC do not support the proposed amendment to 
document an equivalent level of performance. They both state the 
proposed text suggests that a detailed analysis would be required and 
that such a detailed analysis would negate the benefits currently 
derived from using the variation. DGAC states that it is not aware of 
any incidents stemming from substituted inner packaging under Variation 
1. Air Products also states the proposed amendment will create 
disharmony with international standards and constitutes a significant 
increase in paperwork requirements. RIPA does not oppose the new 
requirement, but asks that PHMSA take steps to make sure the paperwork 
burden isn't substantial, and that existing combination packagings that 
are already authorized be grandfathered for compliance purposes.
    NAAHAC strongly supports the proposed changes stating ``This 
clarifies the process that the package designer/tester must use in 
certifying the packaging.'' The C. L. Smith Company supports PHMSA's 
proposed changes but suggests we provide more detailed guidance on how 
to determine whether or not a packaging meets the ``equivalent level of 
performance'' standard, especially for plastic inner packagings which 
vary widely in performance based on variations in the type and amount 
of ingredients used to make these packagings (e.g., colorants, 
additives, and regrind materials), as well as manufacturing processes 
and cooling rates. The C. L. Smith Company also asks what kind of data 
would be sufficient to show an equivalent level of safety without 
having to retest the packaging.
    It is not our intention to impose analysis and documentation 
requirements that would negate the benefits currently realized from 
utilizing the packaging variations, nor do we believe that a 
requirement to document the methodology used to determine equivalent 
performance of the variation to the originally tested packaging will 
result in a significantly increased regulatory burden. We agree that, 
in general, the supporting documentation may be minimal depending on 
the degree to which the packaging varies from the original tested 
design. In many cases, preparation of the documentation should take as 
little as 60 seconds. The type and level of documentation necessary for 
demonstration of equivalent level of performance will be based on the 
change made to the packaging. In addition, we are not specifying a 
format or detailed examples to provide flexibility to the person making 
the certification. Documentation may be copies of specification sheets 
from the original packaging component and the substituted component 
along with a brief explanation of why they are similar and the name of 
the individual who made that determination. If the person certifying 
compliance with Sec.  178.601(g)(1) has a copy of the original test 
report, he or she may hand-write a few sentences on the report itself 
in association with the substituted component explaining what was 
changed and why the packagings are significantly similar. For example, 
if a person is substituting a plastic bottle used as an inner 
receptacle with one from a different manufacturer, he or she would 
describe why the packages are of similar design; similar thread types, 
same or smaller closure, same type and grade of plastic, and who made 
these determinations. If the person certifying compliance with the 
variation chooses to perform tests on the components as a means of 
comparison, he or she could choose to describe the tests and the 
results. Because testing is not a requirement for determining an 
equivalent level of performance, the test description could be as 
detailed as needed by the person certifying compliance for their 
complete understanding of the test results.
    Based on comments to the NPRM, in this final rule we are revising 
the proposed language. The language in the NPRM was ambiguous regarding 
a shipper's responsibilities versus the responsibilities of the 
manufacturer. PHMSA did not intend to imply that a manufacturer need 
only document changes made in accordance with Variation 1 and shippers 
must document changes made to a packaging design in accordance with any 
variation. For consistency with Sec.  178.601, PHMSA is clarifying that 
the supporting documentation for equivalent level of performance is 
only applicable to Variation 1.

K. Selective Testing of Steel Drums

    SSCI petitioned PHMSA (P-1337) to make several changes to the 
provisions in Sec.  178.601(g)(8), which apply to the approval of 
selective testing of steel drums that differ in minor respects from

[[Page 5385]]

a tested type of drum. The changes proposed by SSCI would allow drums 
with capacities between 12 and 50 liters (3 and 13 gallons, 
respectively) to be excepted from re-testing design types found under 
Sec.  178.601(g)(8).
    We are revising Sec.  178.601(g)(8) to allow drums with a capacity 
of 12 liters or more to take advantage of the exception from further 
design testing under certain conditions. Commenters generally support 
this proposal as reducing costs without compromising safety.
    The NPRM proposed a list of changes for which design testing would 
be required, such as a change from straight-sided to tapered, a change 
to the rated capacity and outside dimensions, a change to the type of 
side seam welding or type of steel used, and changes in the locations 
in the type, size, and locations of closures. As proposed in the NPRM, 
for UN 1A2 drums, a change in the width of lugs or extensions in the 
crimp/lug cover would necessitate design testing of the drum. SSCI 
suggests that minor modifications dealing with the width of lugs or 
extensions in a crimp/lug cover relate to making a package more user-
friendly and should not be considered a different design type so long 
as the package performance is repeatable as tested. We disagree. 
Historically, modest changes in the size and style of the materials and 
closures for a hazardous materials package have produced changes in 
that packaging's test results. Therefore, PHMSA is incorporating the 
language as proposed.
    PHMSA has issued numerous approvals to manufacturers authorizing 
the use of fewer than eighteen test samples. As proposed in the NPRM, 
we are revising Sec.  178.601(k) to authorize a lesser quantity of test 
samples used in testing of stainless steel drums. We are adding the 
provisions found in these approvals to Sec.  178.601(k). PHMSA received 
no comments on the proposed language change to this section as proposed 
in the NPRM.

L. Revisions to Requirements for IBCs

    In the NPRM, we proposed to revise the lower volumetric limit for 
flexible IBCs (FIBCs). In Docket HM-181E (59 FR 38068), published July 
26, 1994, we defined ``Body'' as having a lower limit of 450 liters, 
thus precluding the manufacture of IBCs with a volume of less than 450 
L. In reviewing the HMR, we have identified a gap in the allowable 
packaging specifications for flexible packagings with a capacity 
between 50 kg and 400 kg (i.e., specification non-bulk bags may not 
exceed 50 kg). To remedy this gap, we proposed to allow bags between 50 
kg and 400 kg to be manufactured and tested under IBC standards in 
Subparts N and O of Part 178. FIBCA, in support of the proposed change, 
stated that it is important to address flexible packagings between 50 
kg and 400 kg. At this time we are incorporating the change to flexible 
IBC allowing smaller IBCs. We received numerous comments in support of 
eliminating the limit for all or certain IBCs and Large Packagings. We 
are continuing to research to determine if we should eliminate the 
lower limit for all IBCs. The comments received in response to this 
rulemaking will be taken under consideration if we develop a future 
rulemaking.
    We proposed moving the lower limit for IBCs currently in the 
definition of ``Body'' in Sec.  178.700 to the individual standards in 
Sec. Sec.  178.705 through 178.710. These are more appropriate sections 
for the lower limit and will result in better understanding of the 
individual IBC specifications. In addition, we proposed to authorize 
smaller flexible IBCs in Sec.  178.710 by decreasing the limit to 50 
kg. Several commenters supported lowering the quantity limit for 
flexible IBCs. Commenters did not remark on moving these provisions to 
individual standards. Therefore, we are decreasing the lower limit for 
flexible IBCs to 50 kg and retaining the 400 kg lower limit for rigid 
IBCs.
    Two commenters (DGAC and FIBCA) oppose a lower volumetric limit for 
IBCs; they suggest there should be no lower limit on any IBC design 
type. DGAC contends this would provide consistency with the UN Model 
Regulations allowing manufacturers to construct IBCs to non-bulk sizes. 
For example, a shipper would have the choice between a 4G or an 11G 
packaging when choosing a non-bulk box. In the NPRM, we did not propose 
to remove the existing lower volumetric limit for IBCs other than 
flexible IBCs, but we did invite comment on this issue for discussion 
for a future rulemaking. We are not implementing a change in this final 
rule to the lower limit of all IBCs. However, we are lowering the limit 
on FIBCs as proposed in the NPRM. The change to the language in these 
sections does not constitute a change in the HMR. IBCs have always had 
a lower volumetric limit under the HMR.
    In the NPRM, we proposed requiring in Sec.  178.810 a second drop 
test for IBCs with a capacity of 0.45 cubic meters (15.9 cubic feet) or 
less in combination with the proposal to remove the lower limit of 450 
liters (119 gallons) and 0.45 cubic meters (15.9 cubic feet) from the 
specifications for flexible IBCs. Two commenters (Kurt Colborn and 
FIBCA) support the addition of a second drop test requirement for IBCs. 
FIBCA states that the second drop test proposed is consistent with 
approvals that have been issued by the DOT. One commenter (RIPA) is 
opposed to a second drop test because it applies only to flexible IBCs 
and, in RIPA's view, is arbitrary and is inadequate from a safety 
perspective.
    The additional drop test is not an arbitrary requirement. Non-bulk 
packagings are handled in transportation in a different manner than 
IBCs. Often loading and unloading of a transport vehicle is performed 
without the use of a mechanical handling device such as a fork lift or 
hoist. Non-bulk packages are more likely to be dropped while in 
transportation. Over the past ten years, when issuing an approval in 
accordance with Sec.  178.801(i), we have imposed an additional drop 
test for non-bulk capacity IBCs. Therefore, we are incorporating this 
additional drop test in Sec.  178.810. The net effect of this revision 
is to eliminate the need to obtain an approval.
    We proposed revising the stacking test for IBCs prescribed in Sec.  
178.815 by adding a new paragraph (e)(4) to specify the passing 
criteria for the dynamic compression test after application of the 
required load include (1) no permanent deformation that would render 
the IBC or its base pallet unsafe, and (2) maximum deflection may not 
exceed one inch. We received no comments on this proposal. We are 
adopting this revision in the final rule as a clarification of existing 
requirements.
    In the NPRM, we proposed that Sec.  178.819 be revised to clarify 
IBCs intended to contain liquids be permitted to use water as the 
filling material for a vibration test, and that an IBC sample be placed 
on a vibrating platform with a vertical or rotary double-amplitude of 
one inch. One commenter (RIPA) addressed this issue. The commenter 
supports both proposals. Therefore, we are revising subparagraph (b)(1) 
to clarify that water is a suitable test filler material for the 
vibration test, and subparagraph (b)(2) to clarify that these testing 
provisions are permitted and to provide additional options when 
performing the vibration test. In paragraph (b)(2), we clarify that a 
vibrating platform may be used that will produce vertical or rotary 
double-amplitude.

M. Large Packagings

    Large Packagings are currently authorized for the transportation of

[[Page 5386]]

hazardous materials if approved by the Associate Administrator for 
Hazardous Materials Safety. In the NPRM, we proposed to remove the 
approval requirement and add two new subparts (P and Q) to Part 178 for 
the design, construction, and testing of Large Packagings. Adding the 
manufacture, testing and use requirements into the HMR provides 
additional flexibility and effectively removes the need to apply for an 
approval to manufacture and use these packagings in the United States. 
The design, construction and testing requirements are based on the UN 
Recommendations on the Transport of Dangerous Goods, Thirteenth Revised 
Edition (2003); Chapter 6.6 Requirements for the Construction and 
Testing of Large Packagings. The regulatory layout and language is 
modeled on the current requirements for IBCs. We also proposed a number 
of other changes to the HMR to authorize the use of Large Packagings 
for the transportation of specific hazardous materials and to specify 
operational requirements.
    Special provisions. Section 172.102 defines special provisions for 
entries in the Hazardous Materials Table (HMT). In paragraph (c)(4) 
introductory text and in Table 1, the HMR authorize the use of IBCs for 
entries that reference certain IB Special Provisions (e.g., IB3). To 
authorize the use of Large Packagings we proposed to revise paragraph 
(c)(4) to include provisions for Large Packagings. In this section, we 
also proposed to restrict the use of Large Packagings to Packing Group 
III materials, with the exception of the following PG II entries, which 
are authorized via a new Special Provision 41: ``UN 2531, Methacrylic 
acid, stabilized'' and ``UN 3291, Regulated medical waste, n.o.s.'' 
These two Packing Group II entries are authorized consistent with the 
UN Recommendations. We did not receive any comments on the proposal to 
authorize these two Packing Group II materials for transportation in 
Large Packagings.
    Consistent with the decision to authorize the use of Large 
Packagings we are adopting the revisions to Special Provisions IB3 and 
IB8. The revised language specifies that Large Packagings are 
authorized when a table entry specifies Special Provision IB3 or IB8. 
We are inserting a new Table 3 authorizing Large Packagings and 
revising Table 1 so that IB3 and IB8 reference the new Table 3.
    One commenter, (Charles E. Tudor) states that we should authorize 
Large Packagings through a separate Special Provision table to allow 
for future flexibility. We do not agree that a separate table is 
necessary at this time. We may reassess the need depending on future 
rulemaking actions in this area.
    Placarding. General provisions for placarding of bulk packagings 
require bulk packagings, including IBCs, to be placarded on each side 
and each end for a total of four placards. In accordance with an 
exception in Sec.  172.514, a shipper may choose to placard an IBC and 
certain other bulk packagings on two opposite sides or label the IBC in 
accordance with Part 172, Subpart E. In this final rule, we are adding, 
as proposed in the NPRM, Large Packagings to the types of packagings 
that may be placarded on only two opposite sides or labeled instead of 
placarded. We received no comments regarding the proposed revisions to 
this section.
    Operational requirements. In the NPRM, we proposed a new Sec.  
173.36 to specify operational requirements for the use of Large 
Packagings. This section addresses the Large Packaging filling limits 
and procedures. Specifically, we proposed to require Large Packagings 
to be stowed with closures upright for liquid cargoes, and inner 
packagings in Large Packagings to be packed, secured, and cushioned to 
prevent breakage or leakage during transportation. In addition, we 
proposed conditions under which Large Packagings may be reused. We also 
proposed to require that no hazardous material be on the outside of 
Large Packagings during transportation, and that Large Packagings be 
securely fastened to or contained within a transport unit. Further, we 
proposed to prohibit the use of inner packagings made of paper or fiber 
in Large Packagings used to transport solids that could become liquid 
during transportation, and we proposed to require inner packagings in 
Large Packagings used to transport liquids to be resistant to internal 
pressure releases likely to be encountered during transportation. 
Finally, we proposed to limit the capacity of Large Packagings used to 
transport hazardous materials to a maximum of 3 cubic meters, and we 
proposed conditions under which Large Packagings could be used to 
transport more than one hazardous material.
    DGAC and CropLife oppose the new Sec.  173.36 for Large Packagings 
on the grounds that they would prefer Large Packagings be treated as 
they are in the UN Model Regulations.
    All the provisions for Large Packagings in this rulemaking that 
differ from international requirements are consistent with the current 
HMR provisions for non-bulk combination packagings and IBCs. We do not 
believe that Large Packagings should be addressed differently than IBCs 
in the HMR. In the HMR we spell out specific standards that must be 
met. These standards include requirements that a package must be 
inspected prior to offering for transportation to ensure that there are 
no leaks, that no hazardous material is on the external surface of the 
packaging, and that the package does not have sharp or protruding 
objects that may puncture it or other packagings in transport. The 
intention of this rulemaking in regard to Large Packagings was not to 
make a major change in packaging requirements, but rather to 
incorporate Large Packagings into the HMR. IBC and non-bulk packaging 
standards are based on the UN Model regulations with minor alterations 
for safety and consistency with domestic practices. In this final rule, 
we are adopting the operational requirements proposed in the NPRM.
    Two commenters (DGAC and APE) state that the vibration testing 
requirement for all Large Packagings should be a ``capability'' rather 
than an actual test because the inner packagings perform a cushioning 
function. APE also objects to requiring a vibration test for Large 
Packagings, stating this represents an additional cost burden for the 
U.S. industry as compared to their international competitors because 
the UN Recommendations do not require that these packagings be subject 
to this test, especially those containing inner packagings and 
articles. A Large Packaging, other than a flexible Large Packaging, is 
similar in design to an IBC, and subject to similar packaging design 
stresses and opportunities for failure. We believe the vibration test 
is an essential component for assessing the integrity of an IBC 
packaging and a Large Packaging, therefore, in this final rule are 
requiring a Large Packaging to pass a vibration test as well. We agree 
with the commenters that, like an IBC, a Large Packaging may be used as 
a single or combination packaging, and that inner packagings, when 
used, may provide some cushioning. However, the degree to which these 
packagings can provide cushioning depends greatly on their structure 
and content, which can vary greatly. Because the use of inner 
packagings is not mandatory in Large Packagings, and because inner 
packagings cannot be relied upon to provide a consistent level of 
cushioning, we believe the vibration test is necessary to assist us 
with determining the performance capability of a Large Packaging in 
transportation. Therefore, in this final rule we are requiring the 
vibration test to be performed and

[[Page 5387]]

documented for Large Packagings, other than flexible Large Packagings.
    In the NPRM, we proposed to revise Sec.  173.62 to authorize Large 
Packagings for the transportation of certain explosives. One commenter 
(Charles E. Tudor) suggests that the HMR should authorize the use of 
Large Packagings to transport additional explosives that have a very 
low mass. APE urges PHMSA to permit consumer fireworks be transported 
in UN 50G Large Packagings. The commenters did not submit safety data 
or information to demonstrate that consumer fireworks or other low-mass 
explosives may be transported safely in Large Packagings. Absent such 
data, we cannot support a broad authorization for the use of Large 
Packagings to transport explosive materials. Therefore, in this final 
rule, we are adopting the provisions for the use of Large Packagings 
for the transportation of certain explosives without change.
    In the NPRM, we proposed to amend Sec. Sec.  173.240 through 
173.242 to authorize Large Packagings for the transportation of certain 
hazardous materials and to clarify that Large Packagings are not 
authorized for Packing Group I or II materials. We received no comments 
on the proposed changes. Therefore, we are adopting them without change 
in this final rule.
    As indicated above, we proposed to add Subparts P and Q to Part 178 
to specify design, construction, and testing requirements for Large 
Packagings. Most commenters support the addition of these subparts. 
Therefore, we are adopting them as proposed in the NPRM.

N. Additional Revisions in This Final Rule

    Under Docket HM-215G (69 FR 76043), published on December 20, 2004, 
we revised Sec.  173.249(c) to authorize the return of portable tanks 
containing a residue of bromine. In this final rule, we are revising 
paragraph (b) to authorize the transportation of bromine residue in 
cargo tanks to facilitate the return of empty cargo tanks with a 
bromine residue. PHMSA received no comments on the proposed language 
change to this section; in this final rule, it is adopted as proposed 
in the NPRM.
    We are changing the section heading and paragraph (a) of Sec.  
174.63, which describes rail specific operational requirements for 
Portable tanks, IM portable tanks, IBCs, cargo tanks, and multi-unit 
tank car tanks, to indicate that the requirements in this section also 
apply to Large Packagings. PHMSA received no comments on the proposed 
language change to this section. Therefore, in this final rule, it is 
adopted as proposed in the NPRM.

V. Rulemaking Analysis and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule is published under authority of 49 U.S.C. 5103(b), 
which authorizes the Secretary of Transportation to prescribe 
regulations for the safe transportation, including security, of 
hazardous materials in intrastate, interstate, and foreign commerce. 
This final rule adopts regulations to enhance the safe and secure 
transportation of hazardous materials by aircraft in intrastate, 
interstate, and foreign commerce. This notice revises miscellaneous HMR 
requirements applicable to hazardous materials packaging.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is a non-significant regulatory action under 
section 3(f) of Executive Order 12866 and, therefore, is not subject to 
formal review by the Office of Management and Budget. This final rule 
is considered non-significant under the Regulatory Policies and 
Procedures of the Department of Transportation (44 FR 11034).
    The cost impacts of the changes in this rulemaking are expected to 
be minimal. Many of the amendments in this rulemaking are intended to 
clarify current regulatory requirements specific to the construction 
and use of packagings and do not impose any additional costs on the 
regulated community. The most significant changes in the final rule 
relate to: (1) The manufacture, testing and use of a new packaging 
category called ``Large Packagings''; (2) the information required to 
be contained in a packaging test report prepared by the person 
certifying compliance with the HMR; (3) requiring shippers to maintain 
a copy of the manufacture notification already provided to them by the 
packaging manufacture in accordance with current regulations; and (4) 
providing guidance to packaging manufacturers on how to instruct 
shippers to effectively assemble and close packagings.
    A ``Large Packaging'' is a type of packaging design authorized by 
the UN Recommendations but currently only authorized in the HMR through 
an approval. Adding the manufacture, testing and use requirements for 
this packaging into the HMR provides additional flexibility and 
effectively removes the need to apply for an approval to manufacture 
and use these packagings in the United States, resulting in a reduction 
in cost to the regulated community. This final rule also includes 
amendments to require Large Packaging manufacturers to keep records for 
the qualification of each design type and for each design 
requalification. We expect this recordkeeping requirement will apply to 
fewer than 10 regulated entities. Thus, the overall impact of this 
requirement will be minimal and will be more than offset by the 
additional flexibility and administrative cost savings provided by the 
elimination of current approval provisions.
    Currently under the HMR, a person certifying that a packaging meets 
the construction and testing requirements for UN standard packaging 
must retain documentation relative to the: (1) Name and address of the 
packaging manufacture and testing facility; (2) material of 
construction; (3) capacity, dimensions, closures, and method of 
closures; and (4) test results. However, all of the record retention 
requirements associated with UN standard packaging certification are 
currently spread out throughout the HMR. Therefore, this amendment 
should not result in any substantial cost impacts on the regulated 
community.
    We are also revising the HMR to require shippers to maintain a copy 
of the manufacture notification provided to them by the packaging 
manufacture, and to provide guidance to packaging manufacturers on how 
to instruct shippers to effectively assemble and close packagings. As a 
result of comments to the notice of proposed rulemaking, these 
amendments have been modified to allow more flexibility to packaging 
manufacturers and to allow for packagings with a simpler means of 
closure for the end user. Therefore, these amendments should not result 
in significant cost impacts to the regulated community.
    This final rule is designed to increase the clarity of the HMR, 
thereby enhancing voluntary compliance with existing regulatory 
requirements while reducing compliance costs. Enhanced voluntary 
compliance by the regulated community improves overall safety. In 
addition, we anticipate many changes contained in this rule will have 
economic benefits. For example, the final rule broadens the scope of 
several packaging exceptions, which manufacturers and shippers may use 
to reduce transportation costs. Moreover, the incorporation of Large 
Packaging specifications into the HMR will eliminate the need for 
shippers to obtain an approval from PHMSA to use Large Packagings, thus 
increasing flexibility

[[Page 5388]]

and reducing transportation costs. Finally, incorporation of the Large 
Packaging specifications into the HMR and adoption of other provisions 
intended to align the HMR with international standards will promote 
better understanding of the regulations, increased industry compliance, 
and the smooth flow of hazardous materials in transportation.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
final rule preempts State, local, and Indian tribe requirements, but 
does not impose any regulation with substantial direct effects on the 
States, the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of government. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.
    The Federal Hazardous Materials Transportation Law, 49 U.S.C. 5101-
5127, contains an express preemption provision (49 U.S.C. 5125(b)) 
preempting State, local, and Indian tribe requirements on the following 
subjects:
    (1) The designation, description, and classification of hazardous 
materials;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous materials and requirements related to the number, 
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or
    (5) The design, manufacture, fabrication, marking, maintenance, 
recondition, repair, or testing of a packaging or container 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous material.
    This final rule addresses covered subject items 1, 2, 3, and 5 
above. This rule preempts any State, local, or Indian tribe 
requirements concerning these subjects unless the non-Federal 
requirements are ``substantively the same'' as the Federal 
requirements.
    Federal hazardous materials transportation law provides at Sec.  
5125(b)(2) that, if DOT issues a regulation concerning any of the 
covered subjects, DOT must determine and publish in the Federal 
Register the effective date of Federal preemption. The effective date 
may not be earlier than the 90th day following the date of issuance of 
the final rule and not later than two years after the date of issuance. 
This effective date of preemption is 90 days after the publication of 
this final rule 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''). Because this final rule 
does not have tribal implications and does not impose direct compliance 
costs, the funding and consultation requirements of Executive Order 
13175 do not apply.

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities. 
An agency must conduct a regulatory flexibility analysis unless it 
determines and certifies that a rule is not expected to have a 
significant impact on a substantial number of small entities. This 
final rule amends miscellaneous packaging provisions in the HMR to 
clarify provisions based on our own initiatives and also on petitions 
for rulemaking. While maintaining safety, it relaxes certain 
requirements. Many of the amendments in this rulemaking are intended to 
clarify current regulatory requirements specific to the construction 
and use of non-bulk and bulk packagings and do not impose any 
additional costs on small entities.
    This final rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure that potential impacts of 
draft rules on small entities are properly considered. The changes in 
this final rule will enhance safety, and I certify that this proposal, 
if promulgated, would not have a significant economic impact on a 
substantial number of small entities.

F. Unfunded Mandates Reform Act of 1995

    This final rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It will not result in costs of 
$120.7 million or more, in the aggregate, to any of the following: 
State, local, or Native American tribal governments, or the private 
sector.

G. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, no person is required to 
respond to an information collection unless it has been approved by OMB 
and displays a valid OMB control number. PHMSA currently has approved 
information collections under OMB Control No. 2137-0018, ``Inspection 
and Testing of Portable Tanks and Intermediate Bulk Containers,'' 
expiring on October 31, 2010; OMB Control No. 2137-0034, ``Hazardous 
Materials Shipping Papers and Emergency Response Information,'' 
expiring on May 31, 2011; OMB Control No. 2137-0557, ``Approvals for 
Hazardous Materials,'' expiring on June 30, 2011; and OMB Control No. 
2137-0572, ``Testing Requirements for Non-Bulk Packaging,'' expiring on 
March 31, 2010. This final rule will result in an increase in annual 
burden and costs under OMB Control No. 2137-0034 and OMB Control No. 
2137-0572.
    PHMSA will submit revised information collections to the Office of 
Management and Budget (OMB) for approval based on the amendments 
adopted in this final rule. Specifically, this final rule identifies an 
increase in annual burden and costs under OMB Control No. 2137-0018 
which is being offset by a reduction in burden under OMB Control No. 
2137-0557 because of the conversion of several approval provisions for 
packagings into the HMR. These amendments will necessitate a revision 
to the title of OMB Control No. 2137-0018 to ``Inspection and Testing 
of Portable Tanks, Intermediate Bulk Containers, and Large 
Packagings.'' In addition, due to comments received in response to the 
notice of proposed rulemaking, we have revised the total information 
collection burden for OMB Control No. 2137-0034 and OMB Control No. 
2137-0572 as follows:
OMB Control No. 2137-0034, ``Hazardous Materials Shipping Papers and 
Emergency Response Information''
    Total Annual Number of Respondents: 250,000.
    Total Annual Responses: 260,000,000.
    Total Annual Burden Hours: 6,500,000.
    Total Annual Burden Cost: $6,510,000.
OMB Control No. 2137-0572, ``Testing Requirements for Non-Bulk 
Packaging''
    Total Annual Number of Respondents: 5,010.
    Total Annual Responses: 15,500.
    Total Annual Burden Hours: 32,500.
    Total Annual Burden Cost: $812,500.
    Please direct your requests for a copy of this information 
collection to

[[Page 5389]]

Deborah Boothe (PHH-11) or T. Glenn Foster (PHH-12), Office of 
Hazardous Materials Standards, Pipeline and Hazardous Materials Safety 
Administration (PHMSA), U.S. Department of Transportation, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.

H. 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 may be used to cross-reference this action with the 
Unified Agenda.

I. Environmental Assessment

    The National Environmental Policy Act (NEPA), 42 U.S.C. 4321-4375, 
requires federal agencies to analyze regulatory actions to determine 
whether the action will have a significant impact on the human 
environment. The Council on Environmental Quality (CEQ) regulations 
order federal agencies to conduct an environmental review considering 
(1) The need for the action, (2) alternatives to the action, (3) 
environmental impacts of the action and alternatives, and (4) the 
agencies and persons consulted during the consideration process. 40 CFR 
1508.9(b).
    Purpose and Need. As discussed elsewhere in this preamble, this 
final rule is intended to clarify existing requirements, enhance 
flexibility, and reduce compliance burdens. The revisions will reduce 
confusion and promote safety.
    Alternatives. PHMSA considered the following alternatives:
    No action--Under this alternative, we would not attempt to revise 
HMR packaging requirements. This alternative does not address the 
problems we have identified related to unclear or confusing regulations 
nor does it reduce regulatory burdens and promote flexibility. Thus, it 
was not selected.
    Adopt revisions to the HMR packaging regulations to clarify 
requirements and reduce regulatory burdens--This is the selected 
alternative. It accomplishes our regulatory reform goals while 
enhancing understanding of and compliance with the HMR.
    Analysis of Environmental Impacts. Hazardous materials are 
substances that may pose a threat to public safety or the environment 
during transportation because of their physical, chemical, or nuclear 
properties. The hazardous material regulatory system is a risk 
management system that is prevention-oriented and focused on 
identifying a safety hazard and reducing the probability and quantity 
of a hazardous material release. Hazardous materials are categorized by 
hazard analysis and experience into hazard classes and packing groups. 
The regulations require each shipper to classify a material in 
accordance with these hazard classes and packing groups; the process of 
classifying a hazardous material is itself a form of hazard analysis. 
Further, the regulations require the shipper to communicate the 
material's hazards through use of the hazard class, packing group, and 
proper shipping name on the shipping paper and the use of labels on 
packages and placards on transport vehicles. Thus, the shipping paper, 
labels, and placards communicate the most significant findings of the 
shipper's hazard analysis. A hazardous material is assigned to one of 
three packing groups based upon its degree of hazard--from a high 
hazard Packing Group I to a low hazard Packing Group III material. The 
quality, damage resistance, and performance standards of the packaging 
in each packing group are appropriate for the hazards of the material 
transported.
    Releases of hazardous materials, whether caused by accident or 
deliberate sabotage, can result in explosions or fires. Radioactive, 
toxic, infectious, or corrosive hazardous materials can have short- or 
long-term exposure effects on humans or the environment. Generally, 
however, the hazard class definitions are focused on the potential 
safety hazards associated with a given material or type of material 
rather than the environmental hazards of such materials.
    Under the HMR, hazardous materials may be transported by aircraft, 
vessel, rail, and highway. The potential for environmental damage or 
contamination exists when packages of hazardous materials are involved 
in accidents or en route incidents resulting from cargo shifts, valve 
failures, package failures, loading, unloading, collisions, handling 
problems, or deliberate sabotage. The release of hazardous materials 
can cause the loss of ecological resources and the contamination of 
air, aquatic environments, and soil. Contamination of soil can lead to 
the contamination of ground water. For the most part, the adverse 
environmental impacts associated with releases of most hazardous 
materials are short-term impacts that can be reduced or eliminated 
through prompt clean-up/decontamination of the accident scene.
    We have reviewed the risks associated with adopting the 
miscellaneous amendments in this rule. The amendments in this 
rulemaking are intended to clarify existing requirements concerning the 
construction and use of non-bulk and bulk packagings, such as requiring 
the shipper to maintain a copy of a hazmat packaging's closure 
instructions for 365 days (unless the instructions are permanently 
embossed or printed on the packaging) and adopting requirements for UN 
standard Large Packagings (removing the need for an approval). The 
amendments also involve minor changes to existing regulations that will 
permit additional flexibility, such as permitting the UN symbol to be 
stenciled on packagings, clarifying definitions, and not requiring 
international plastic packagings to bear a domestic mark currently 
required under Sec.  172.313(b). The requirements in this rulemaking 
will reduce confusion and enhance voluntary compliance, thereby 
reducing the likelihood of deaths, injuries, property damage, hazardous 
materials release, and other adverse consequences of incidents 
involving the transportation of hazardous materials. We have determined 
there will be no significant environmental impacts associated with this 
final rule.
    Consultation and Public Comment. As discussed above, PHMSA 
published an NPRM to solicit public comments on our proposal. A total 
of 24 persons submitted comments, including industry associations, 
shippers, carriers, federal and State agencies, and private citizens.

J. Privacy Act

    Anyone is able to search the electronic form for all comments 
received into any of our dockets by the name of the individual 
submitting the comments (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78).

List of Subjects

49 CFR Part 171

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

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste,

[[Page 5390]]

Labeling, Markings, Packaging and containers, Reporting and 
recordkeeping requirements.

49 CFR Part 173

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

49 CFR Part 174

    Hazardous materials transportation, Radioactive materials, Railroad 
safety.

49 CFR Part 178

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

0
In consideration of the foregoing, we are amending 49 CFR Chapter I, 
Subchapter C 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; 49 CFR 1.45 and 1.53; 
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub L. 104-134 
section 31001.


0
1. In Sec.  171.8:
0
a. The definitions for ``Reconditioned packaging,'' ``Remanufactured 
packaging,'' ``Reused packaging,'' and ``Strong outer packaging'' are 
added in appropriate alphabetical order.
0
b. The definition for ``Strong outside container'' is removed.
0
c. The introductory text of the definition for ``Bulk packaging'' is 
revised.
0
d. The definition for ``Large packaging'' is revised.
    The additions and revisions read as follows:


Sec.  171.8  Definitions and abbreviations.

* * * * *
    Bulk packaging means a packaging, other than a vessel or a barge, 
including a transport vehicle or freight container, in which hazardous 
materials are loaded, and which has:
* * * * *
    Large packaging means a packaging that--
    (1) Consists of an outer packaging that contains articles or inner 
packagings;
    (2) Is designated for mechanical handling;
    (3) Exceeds 400 kg net mass or 450 liters (118.9 gallons) capacity;
    (4) Has a volume of not more than 3 cubic meters (m\3\) (see Sec.  
178.801(i) of this subchapter); and
    (5) Conforms to the requirements as specified in Sec.  173.36, and 
subparts P and Q of part 178 of this subchapter, as applicable.
* * * * *
    Reconditioned packaging. See Sec.  173.28 of this subchapter.
* * * * *
    Remanufactured packagings. See Sec.  173.28 of this subchapter.
* * * * *
    Reused packaging. See Sec.  173.28 of this subchapter.
* * * * *
    Strong outer packaging means the outermost enclosure that provides 
protection against the unintentional release of its contents. It is a 
packaging that is sturdy, durable, and constructed so that it will 
retain its contents under normal conditions of transportation. In 
addition, a strong outer packaging must meet the general packaging 
requirements of subpart B of part 173 of this subchapter but need not 
comply with the specification packaging requirements in part 178 of the 
subchapter. For transport by aircraft, a strong outer packaging is 
subject to Sec.  173.27 of this subchapter. The terms ``strong outside 
container'' and ``strong outside packaging'' are synonymous with 
``strong outer packaging.''
* * * * *

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

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

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


0
4. Section 172.101, the Hazardous Materials Table is amended to read as 
follows:
0
a. The entry ``Azodicarbonamide,'' in Column (8B) the reference ``212'' 
is removed and ``223'' is added in its place, and in Column (10B) the 
reference ``12'' is removed and ``2'' is added in its place.
0
b. The entry ``Isosorbide-5-mononitrate,'' in Column (7) the reference 
Special Provision ``159'' is added in the correct numeric order, and in 
Column (8B) the reference ``213'' is removed and ``223'' is added in 
its place.
0
c. The entry ``Regulated medical waste, n.o.s. or Clinical waste, 
unspecified, n.o.s. or (BIO)Medical waste, n.o.s., or Biomedical waste, 
n.o.s. or Medical waste, n.o.s.,'' in Column (7) the reference for 
Special Provision ``41'' is added before ``A13''.
0
d. The entry ``Methacrylic acid, stabilized,'' in Column (7) the 
reference for Special Provision ``41'' is added before ``IB2''.
0
e. In Column (8c), for the following entries, the word ``None'' is 
removed and ``62'' is added in its place:

------------------------------------------------------------------------
                   Column (2) entry                     Column (4) entry
------------------------------------------------------------------------
Ammunition smoke, white phosphorus with burster,                  UN0245
 expelling charge, or propelling charge...............
Ammunition smoke, white phosphorus with burster,                  UN0246
 expelling charge, or propelling charge...............
Ammunition, illuminating with or without burster,                 UN0171
 expelling charge or propelling charge................
Ammunition, illuminating with or without burster,                 UN0254
 expelling charge or propelling charge................
Ammunition, illuminating with or without burster,                 UN0297
 expelling charge or propelling charge................
Ammunition, incendiary with or without burster,                   UN0300
 expelling charge or propelling charge................
Ammunition, incendiary with or without burster,                   UN0009
 expelling charge, or propelling charge...............
Ammunition, incendiary with or without burster,                   UN0010
 expelling charge, or propelling charge...............
Ammunition, incendiary, white phosphorus, with                    UN0243
 burster, expelling charge or propelling charge.......
Ammunition, incendiary, white phosphorus, with                    UN0244
 burster, expelling charge or propelling charge.......
Ammunition, practice..................................            UN0362
Ammunition, practice..................................            UN0488
Ammunition, proof.....................................            UN0363
Ammunition, smoke with or without burster, expelling              UN0015
 charge or propelling charge..........................
Ammunition, smoke with or without burster, expelling              UN0016
 charge or propelling charge..........................
Ammunition, smoke with or without burster, expelling              UN0303
 charge or propelling charge..........................
Ammunition, tear-producing with burster, expelling                UN0018
 charge or propelling charge..........................
Ammunition, tear-producing with burster, expelling                UN0019
 charge or propelling charge..........................
Ammunition, tear-producing with burster, expelling                UN0301
 charge or propelling charge..........................
Bombs, photo-flash....................................            UN0038

[[Page 5391]]

 
Bombs, photo-flash....................................            UN0039
Bombs, photo-flash....................................            UN0299
Bombs, with bursting charge...........................            UN0034
Bombs, with bursting charge...........................            UN0035
Cartridges for weapons, inert projectile..............            UN0328
Cartridges for weapons, with bursting charge..........            UN0006
Cartridges for weapons, with bursting charge..........            UN0321
Cartridges for weapons, with bursting charge..........            UN0412
Cartridges, oil well..................................            UN0277
Cartridges, oil well..................................            UN0278
Cartridges, power device..............................            UN0275
Cartridges, power device..............................            UN0276
Cartridges, power device..............................            UN0323
Cartridges, power device..............................            UN0381
Charges, demolition...................................            UN0048
Charges, depth........................................            UN0056
Cutters, cable, explosive.............................            UN0070
Fracturing devices, explosive, without detonators for             UN0099
 oil wells............................................
Mines with bursting charge............................            UN0137
Mines with bursting charge............................            UN0138
Projectiles, inert with tracer........................            UN0345
Projectiles, inert, with tracer.......................            UN0424
Projectiles, inert, with tracer.......................            UN0425
Projectiles, with burster or expelling charge.........            UN0346
Projectiles, with burster or expelling charge.........            UN0347
Projectiles, with burster or expelling charge.........            UN0434
Projectiles, with burster or expelling charge.........            UN0435
Projectiles, with bursting charge.....................            UN0168
Projectiles, with bursting charge.....................            UN0169
Projectiles, with bursting charge.....................            UN0344
Release devices, explosive............................            UN0173
Rivets, explosive.....................................            UN0174
Rocket motors.........................................            UN0186
Rocket motors.........................................            UN0280
Rocket motors.........................................            UN0281
Rockets, with bursting charge.........................            UN0181
Rockets, with bursting charge.........................            UN0182
Rockets, with expelling charge........................            UN0436
Rockets, with expelling charge........................            UN0437
Rockets, with expelling charge........................            UN0438
Rockets, with inert head..............................            UN0183
Rockets, with inert head..............................            UN0502
Sounding devices, explosive...........................            UN0204
Sounding devices, explosive...........................            UN0296
Sounding devices, explosive...........................            UN0374
Sounding devices, explosive...........................            UN0375
Torpedoes with bursting charge........................            UN0329
Torpedoes with bursting charge........................            UN0451
Warheads, rocket with burster or expelling charge.....            UN0370
Warheads, rocket with bursting charge.................            UN0286
Warheads, rocket with bursting charge.................            UN0287
Warheads, torpedo with bursting charge................            UN0221
------------------------------------------------------------------------

* * * * *

0
1. In Sec.  172.102:
0
a. In paragraph (c)(1), a new Special provision 41 is added in 
appropriate numerical order.
0
b. In paragraph (c)(4), the introductory paragraph is revised.
0
c. In paragraph (c)(4), Table 1, the entries IB3 and IB8 are revised, 
and the headings for the table and first and second columns of the 
table are revised.
0
d. In paragraph (c)(4), Table 2, the first column heading is revised to 
read ``IP Code,'' and the second column heading is removed.
0
e. In paragraph (c)(4), a new Table 3 is added.
    The additions and revisions read as follows:


Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *
Code/Special Provisions
* * * * *
    41 This material at the Packing Group II hazard criteria level may 
be transported in Large Packagings.
* * * * *
    (4) IB Codes and IP Codes. These provisions apply only to 
transportation in IBCs and Large Packagings. Table 1 authorizes IBCs 
for specific proper shipping names through the use of IB Codes assigned 
in the Sec.  172.101 table of this subchapter. Table 2 defines IP Codes 
on the use of IBCs that are assigned to specific commodities in the 
Sec.  172.101 Table of this subchapter. Table 3 authorizes Large 
Packagings for specific proper shipping names through the use of IB 
Codes assigned in the Sec.  172.101 table of this subchapter. Large 
Packagings are authorized for the Packing Group III entries of specific 
proper shipping names when either Special Provision IB3 or IB8 is 
assigned to that entry in the Sec.  172.101 Table. When no IB code is 
assigned in the

[[Page 5392]]

Sec.  172.101 Table for a specific proper shipping name, or in Sec.  
173.225(e) Organic Peroxide Table for Type F organic peroxides, use of 
an IBC or Large Packaging for the material may be authorized when 
approved by the Associate Administrator. The letter ``Z'' shown in the 
marking code for composite IBCs must be replaced with a capital code 
letter designation found in Sec.  178.702(a)(2) of this subchapter to 
specify the material used for the other packaging. Tables 1, 2, and 3 
follow:

                            Table 1-IB Codes
                          [IBC authorizations]
------------------------------------------------------------------------
                IB code                          Authorized IBCs
------------------------------------------------------------------------
 
                              * * * * * * *
IB3...................................  Authorized IBCs: Metal (31A, 31B
                                         and 31N); Rigid plastics (31H1
                                         and 31H2); Composite (31HZ1 and
                                         31HA2, 31HB2, 31HN2, 31HD2 and
                                         31HH2). Additional Requirement:
                                         Only liquids with a vapor
                                         pressure less than or equal to
                                         110 kPa at 50 [deg]C (1.1 bar
                                         at 122 [deg]F), or 130 kPa at
                                         55 [deg]C (1.3 bar at 131
                                         [deg]F) are authorized, except
                                         for UN2672 (also see Special
                                         Provision IP8 in Table 3 for
                                         UN2672). For authorized Large
                                         Packagings, see Table 3.
 
                              * * * * * * *
IB8...................................  Authorized IBCs: Metal (11A,
                                         11B, 11N, 21A, 21B, 21N, 31A,
                                         31B and 31N); Rigid plastics
                                         (11H1, 11H2, 21H1, 21H2, 31H1
                                         and 31H2); Composite (11HZ1,
                                         11HZ2, 21HZ1, 21HZ2, 31HZ1 and
                                         31HZ2); Fiberboard (11G);
                                         Wooden (11C, 11D and 11F);
                                         Flexible (13H1, 13H2, 13H3,
                                         13H4, 13H5, 13L1, 13L2, 13L3,
                                         13L4, 13M1 or 13M2). For
                                         authorized Large Packagings,
                                         see Table 3.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

                                                Table 3--IB Codes
                                        [Large packaging authorizations]
----------------------------------------------------------------------------------------------------------------
                  IB3                      Authorized Large Packagings (LIQUIDS)  (PG III materials only) \ 2\
----------------------------------------------------------------------------------------------------------------
Inner packagings:                        Large outer packagings:
    Glass 10 liter.....................  steel (50A).
    Plastics 30 liter..................  aluminum (50B).
    Metal 40 liter.....................  metal other than steel or aluminum (50N).
                                            rigid plastics (50H).
                                            natural wood (50C).
                                            plywood (50D).
                                            reconstituted wood (50F).
                                            rigid fiberboard (50G).
----------------------------------------------------------------------------------------------------------------


 
                  IB8                       Authorized Large Packagings (SOLIDS)  (PG III materials only) \2\
----------------------------------------------------------------------------------------------------------------
Inner packagings:                        Large outer packagings:
    Glass 10 kg........................     steel (50A).
    Plastics 50 kg.....................     aluminum (50B).
    Metal 50 kg........................     metal other than steel or aluminum (50N).
    Paper 50 kg........................     flexible plastics (51H). \1\
    Fiber 50 kg........................     rigid plastics (50H).
                                            natural wood (50C).
                                            plywood (50D).
                                            reconstituted wood (50F).
                                            rigid fiberboard (50G).
----------------------------------------------------------------------------------------------------------------
\1\ Flexible plastic (51H) Large Packagings are only authorized for use with flexible inner packagings.
\2\ Except when authorized under Special Provision 41.

* * * * *

0
6. In Sec.  172.514, paragraphs (c)(3) and (c)(4) are revised and a new 
paragraph (c)(5) is added to read as follows:


Sec.  172.514  Bulk packagings.

* * * * *
    (c) * * *
    (3) A bulk packaging other than a portable tank, cargo tank, or 
tank car (e.g., a bulk bag or box) with a volumetric capacity of less 
than 18 cubic meters (640 cubic feet);
    (4) An IBC; and
    (5) A Large Packaging as defined in Sec.  171.8 of this subchapter.

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

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

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

[[Page 5393]]

Sec.  173.4  [Amended]

0
8. In Sec.  173.4, paragraph (a)(5), the wording ``strong outside 
packaging'' is removed and the wording ``strong outer packaging'' is 
added in its place.


Sec.  173.4b  [Amended]

0
9. In Sec.  173.4b, paragraph (a)(4), the wording ``strong outside 
packaging'' is removed and the wording ``strong outer packaging'' is 
added in its place.


Sec.  173.7  [Amended]

0
10. In Sec.  173.7, paragraph (c), the first sentence, the wording 
``strong outside packaging'' is removed and the wording ``strong outer 
packaging'' is added in its place.

0
11. In Sec.  173.22, in paragraph (a)(4), three new sentences are added 
to the end of the paragraph to read as follows:


Sec.  173.22  Shipper's responsibility.

    (a) * * *
    (4) * * * A person must maintain a copy of the manufacturer's 
notification, including closure instructions (see Sec.  178.2(c) of 
this subchapter) unless permanently embossed or printed on the 
packaging. When applicable, a person must maintain a copy of any 
supporting documentation for an equivalent level of performance under 
the selective testing variation in Sec.  178.601(g)(1) of this 
subchapter. A copy of the notification, unless permanently embossed or 
printed on the packaging, and supporting documentation, when 
applicable, must be made available for inspection by a representative 
of the Department upon request for 365 days after offering the package 
for transportation.
* * * * *

0
12. In Sec.  173.28, in paragraph (a), a third sentence is added and, 
in paragraph (f), a third sentence is added to read as follows:


Sec.  173.28  Reuse, reconditioning, and remanufacture of packagings.

    (a) * * * Packagings not meeting the minimum thickness requirements 
prescribed in paragraph (b)(4)(i) of this section may not be reused, 
reconditioned, or remanufactured for reuse.
* * * * *
    (f) * * * Drums or jerricans not meeting the minimum thickness 
requirements prescribed in paragraph (b)(4)(i) of this section may not 
be reused, reconditioned, or remanufactured for reuse.

0
13. In Sec.  173.35, paragraph (h)(2), introductory paragraph, is 
revised to read as follows:


Sec.  173.35  Hazardous materials in IBCs.

* * * * *
    (h) * * *
    (2) Liquids having a vapor pressure greater than 110 kPa (16 psig) 
at 50 [deg]C (122 [deg]F) or 130 kPa (18.9 psig) at 55 [deg]C (131 
[deg]F) may not be transported in metal IBCs.
* * * * *

0
14. New Sec.  173.36 is added to read as follows:


Sec.  173.36  Hazardous materials in Large Packagings.

    (a) No person may offer or accept a hazardous material for 
transportation in a Large Packaging except as authorized by this 
subchapter. Except as otherwise provided in this subchapter, no Large 
Packaging may be filled with a Packing Group I or II material. Each 
Large Packaging used for the transportation of hazardous materials must 
conform to the requirements of its specification and regulations for 
the transportation of the particular commodity.
    (b) Packaging design. (1) Inner packaging closures. A Large 
Packaging containing liquid hazardous materials must be packed so that 
closures on inner packagings are upright.
    (2) Flexible Large Packagings. Flexible Large Packagings (e.g., 
51H) are only authorized for use with flexible inner packagings.
    (3) Friction. The nature and thickness of the outer packaging must 
be such that friction during transportation is not likely to generate 
an amount of heat sufficient to dangerously alter the chemical 
stability of the contents.
    (4) Securing and cushioning. Inner packagings of Large Packagings 
must be packed, secured and cushioned to prevent their breakage or 
leakage and to control their shifting within the outer packaging under 
conditions normally incident to transportation. Cushioning material 
must not be capable of reacting dangerously with the contents of the 
inner packagings or having its protective properties significantly 
weakened in the event of leakage.
    (5) Metallic devices. Nails, staples and other metallic devices 
must not protrude into the interior of the outer packaging in such a 
manner as to be likely to damage inner packagings or receptacles.
    (c) Initial use and reuse of Large Packagings. A Large Packaging 
may be reused. If an inner packaging is constructed of paper or 
flexible plastic, the inner packaging must be replaced before each 
reuse. Before a Large Packaging is filled and offered for 
transportation, the Large Packaging must be given an external visual 
inspection, by the person filling the Large Packaging, to ensure:
    (1) The Large Packaging is free from corrosion, contamination, 
cracks, cuts, or other damage which would render it unable to pass the 
prescribed design type test to which it is certified and marked; and
    (2) The Large Packaging is marked in accordance with requirements 
in Sec.  178.910 of this subchapter. Additional marking allowed for 
each design type may be present. Required markings that are missing, 
damaged or difficult to read must be restored or returned to original 
condition.
    (d) During transportation--
    (1) No hazardous material may remain on the outside of the Large 
Packaging; and
    (2) Each Large Packaging must be securely fastened to or contained 
within the transport unit.
    (e) Each Large Packaging used for transportation of solids which 
may become liquid at temperatures likely to be encountered during 
transportation may not be transported in paper or fiber inner 
packagings. The inner packagings must be capable of containing the 
substance in the liquid state.
    (f) Liquid hazardous materials may only be offered for 
transportation in inner packagings appropriately resistant to an 
increase of internal pressure likely to develop during transportation.
    (g) A Large Packaging used to transport hazardous materials may not 
exceed 3 cubic meters (106 cubic feet) capacity.
    (h) Mixed contents. (1) An outer Large Packaging may contain more 
than one hazardous material only when--
    (i) The inner and outer packagings used for each hazardous material 
conform to the relevant packaging sections of this part applicable to 
that hazardous material, and not result in a violation of Sec.  173.21;
    (ii) The package as prepared for shipment meets the performance 
tests prescribed in part 178 of this subchapter for the hazardous 
materials contained in the package;
    (iii) Corrosive materials (except ORM-D) in bottles are further 
packed in securely closed inner receptacles before packing in outer 
packagings; and
    (iv) For transportation by aircraft, the total net quantity does 
not exceed the lowest permitted maximum net quantity per package as 
shown in Column 9a or 9b, as appropriate, of the Sec.  172.101 table. 
The permitted maximum net quantity must be calculated in kilograms if a 
package contains both a liquid and a solid.
    (2) A packaging containing inner packagings of Division 6.2 
materials

[[Page 5394]]

may not contain other hazardous materials, except dry ice.
    (i) When a Large Packaging is used for the transportation of 
liquids with a flash point of 60.5 [deg]C (141 [deg]F) (closed cup) or 
lower, or powders with the potential for dust explosion, measures must 
be taken during product loading and unloading to prevent a dangerous 
electrostatic discharge.

0
15. In Sec.  173.62, paragraph (c), Table of Packing Methods, Packing 
Instruction 130 is revised to read as follows:


Sec.  173.62  Specific packaging requirements for explosives.

* * * * *
    (c) * * *

                                                                Table of Packing Methods
--------------------------------------------------------------------------------------------------------------------------------------------------------
        Packaging instruction                Inner  packagings             Intermediate  packagings                      Outer packaging
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
130.................................  Not necessary..................  Not necessary..................
Particular Packaging Requirements:
    The following applies to UN       ...............................  ...............................  Boxes.
     0006, 0009, 0010, 0015, 0016,                                                                      Steel (4A).
     0018, 0019, 0034, 0035, 0038,                                                                      Wood natural, ordinary (4C1).
     0039, 0048, 0056, 0137, 0138,                                                                      Plywood (4D).
     0168, 0169, 0171, 0181, 0182,                                                                      Reconstituted wood (4F).
     0183, 0186, 0221, 0238, 0243,                                                                      Fiberboard (4G).
     0244, 0245, 0246, 0254, 0280,                                                                      Plastics, expanded (4H1).
     0281, 0286, 0287, 0297, 0299,                                                                      Plastics, solid (4H2).
     0300, 0301, 0303, 0321, 0328,                                                                      Drums.
     0329, 0344, 0345, 0346, 0347,                                                                      Steel, removable head (1A2).
     0362, 0363, 0370, 0412, 0424,                                                                      Aluminum, removable head (1B2).
     0425, 0434, 0435, 0436, 0437,                                                                      Plywood (1D).
     0438, 0451, 0459 and 0488.                                                                         Fiber (1G).
     Large and robust explosives                                                                        Plastics, removable head (1H2).
     articles, normally intended for                                                                    Large Packagings.
     military use, without their                                                                        Steel (50A).
     means of initiation or with                                                                        Aluminum (50B).
     their means of initiation                                                                          Metal other than steel or aluminum (50N).
     containing at least two                                                                            Rigid plastics (50H).
     effective protective features,                                                                     Natural wood (50C).
     may be carried unpackaged. When                                                                    Plywood (50D).
     such articles have propelling                                                                      Reconstituted wood (50F).
     charges or are self-propelled,                                                                     Rigid fiberboard (50G).
     their ignition systems must be
     protected against stimuli
     encountered during normal
     conditions of transport. A
     negative result in Test Series
     4 on an unpackaged article
     indicates that the article can
     be considered for transport
     unpackaged. Such unpackaged
     articles may be fixed to
     cradles or contained in crates
     or other suitable handling
     devices.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
16. In Sec.  173.223, the section heading and the introductory text to 
paragraph (a) are revised as follows:


Sec.  173.223  Packagings for certain flammable solids.

    (a) Packagings for ``Musk xylene,'' ``5-tert-Butyl-2,4,6-trinitro-
m-xylene,'' ``Azodicarbonamide,'' or ``Isosorbide-5-mononitrate,'' when 
offered for transportation or transported by rail, highway, or vessel, 
must conform to the general packaging requirements of subpart B of part 
173, and to the requirements of part 178 of this subchapter at the 
Packing Group III performance level and may only be transported in the 
following packagings:
* * * * *

0
17. In Sec.  173.240, paragraph (e) is added as follows:


Sec.  173.240  Bulk packaging for certain low hazard solid materials.

* * * * *
    (e) Large Packagings. Large Packagings are authorized subject to 
the conditions and limitations of this section provided the Large 
Packaging type is authorized according to the IBC packaging code 
specified for the specific hazardous material in Column (7) of the 
Sec.  172.101 Table of this subchapter and the Large Packaging conforms 
to the requirements in subpart Q of part 178 of this subchapter at the 
Packing Group performance level as specified in Column (5) of the Sec.  
172.101 Table for the material being transported.
    (1) Except as specifically authorized in this subchapter, Large 
Packagings may not be used for Packing Group I or II hazardous 
materials.
    (2) Large Packagings with paper or fiberboard inner receptacles may 
not be used for solids that may become liquid in transportation.

0
18. In Sec.  173.241, paragraph (e) is added as follows:


Sec.  173.241  Bulk packagings for certain low hazard liquid and solid 
materials.

* * * * *
    (e) Large Packagings. Large Packagings are authorized subject to 
the conditions and limitations of this section provided the Large 
Packaging type is authorized according to the IBC packaging code 
specified for the specific hazardous material in Column (7) of the 
Sec.  172.101 Table of this subchapter and the Large Packaging conforms 
to the requirements in subpart Q of part 178 of this subchapter at the 
Packing Group performance level as specified in Column (5) of the Sec.  
172.101 Table for the material being transported.
    (1) Except as specifically authorized in this subchapter, Large 
Packagings may not be used for Packing Group I or II hazardous 
materials.
    (2) Large Packagings with paper or fiberboard inner receptacles may 
not be used for solids that may become liquid in transportation.

[[Page 5395]]


0
19. In Sec.  173.242, paragraph (e) is added as follows:


Sec.  173.242  Bulk packagings for certain medium hazard liquids and 
solids, including solids with dual hazards.

* * * * *
    (e) Large Packagings. Large Packagings are authorized subject to 
the conditions and limitations of this section provided the Large 
Packaging type is authorized according to the IBC packaging code 
specified for the specific hazardous material in Column (7) of the 
Sec.  172.101 Table of this subchapter and the Large Packaging conforms 
to the requirements in subpart Q of part 178 of this subchapter at the 
Packing Group performance level as specified in Column (5) of the Sec.  
172.101 Table for the material being transported.
    (1) Except as specifically authorized in this subchapter, Large 
Packagings may not be used for Packing Group I or II hazardous 
materials.
    (2) Large Packagings with paper or fiberboard inner receptacles may 
not be used for solids that may become liquid in transportation.

0
20. In Sec.  173.249, paragraph (b) is revised to read as follows:


Sec.  173.249  Bromine.

* * * * *
    (b) Specification MC 310, MC 311, MC 312 or DOT 412 cargo tank 
motor vehicles conforming with paragraphs (d) through (f) of this 
section. Except when transported as a residue, the total quantity in 
one tank may not be less than 88 percent or more than 96 percent of the 
volume of the tank. Cargo tanks in bromine service built prior to 
August 31, 1991, may continue in service under the requirements 
contained in Sec.  173.252(a)(4) of this part in effect on September 
30, 1991.
* * * * *


Sec.  173.301  [Amended]

0
21. In Sec.  173.301, paragraph (h)(3)(ii), the wording ``strong 
outside packaging'' is removed and the wording ``strong outer 
packaging'' is added in its place.

0
22. In Sec.  173.306, paragraph (a)(2)(i) is revised to read as 
follows:


Sec.  173.306  Limited quantities of compressed gases.

    (a) * * *
    (2) * * *
    (i) Container is not over 0.95 L (1 quart) capacity and charged to 
not more than 11.17 bar (482.63 kPa, 170 psig) at 21 [deg]C (70 
[deg]F), and must be packed in a strong outer packaging, or
* * * * *


Sec.  173.334  [Amended]

0
23. In Sec.  173.334, paragraph (d), the wording ``strong outside 
packaging'' is removed and the wording ``strong outer packaging'' is 
added in its place in each place it appears.


Sec.  173.338  [Amended]

0
24. In Sec.  173.338, paragraph (a), the second sentence, the wording 
``strong outside container'' is removed and the wording ``strong outer 
packaging'' is added in its place.

PART 174--CARRIAGE BY RAIL

0
25. The authority citation for part 174 is revised to read as follows:

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


0
26. In Sec.  174.63, the section heading and paragraph (a) are revised 
as follows:


Sec.  174.63  Portable tanks, IM portable tanks, IBCs, Large 
Packagings, cargo tanks, and multi-unit tank car tanks.

    (a) A carrier may not transport a bulk packaging (e.g., portable 
tank, IM portable tank, IBC, Large Packaging, cargo tank, or multi-unit 
tank car tank) containing a hazardous material in container-on-flatcar 
(COFC) or trailer-on-flatcar (TOFC) service except as authorized by 
this section or unless approved for transportation by the Associate 
Administrator for Safety, FRA.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

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


0
28. In Sec.  178.2, paragraph (c) is revised to read as follows:


Sec.  178.2  Applicability and responsibility.

* * * * *
    (c) Notification. (1) Except as specifically provided in Sec. Sec.  
178.337-18 and 178.345-10 of this part, the manufacturer or other 
person certifying compliance with the requirements of this part, and 
each subsequent distributor of that packaging must:
    (i) Notify each person to whom that packaging is transferred--
    (A) Of all requirements in this part not met at the time of 
transfer, and
    (B) With information specifying the type(s) and dimensions of the 
closures, including gaskets and any other components needed to ensure 
that the packaging is capable of successfully passing the applicable 
performance tests. This information must include any procedures to be 
followed, including closure instructions for inner packagings and 
receptacles, to effectively assemble and close the packaging for the 
purpose of preventing leakage in transportation. Closure instructions 
must provide for a consistent and repeatable means of closure that is 
sufficient to ensure the packaging is closed in the same manner as it 
was tested. For packagings sold or represented as being in conformance 
with the requirements of this subchapter applicable to transportation 
by aircraft, this information must include relevant guidance to ensure 
that the packaging, as prepared for transportation, will withstand the 
pressure differential requirements in Sec.  173.27 of this subchapter.
    (ii) Retain copies of each written notification for at least 365 
days from date of issuance; and
    (iii) Make copies of all written notifications available for 
inspection by a representative of the Department.
    (2) The notification required in accordance with this paragraph (c) 
may be in writing or by electronic means, including e-mailed 
transmission or transmission on a CD or similar device. If a 
manufacturer or subsequent distributor of the packaging utilizes 
electronic means to make the required notifications, the notification 
must be specific to the packaging in question and must be in a form 
that can be printed in hard copy by the person receiving the 
notification.


0
29. In Sec.  178.503, paragraphs (a)(1) and (e)(1) are revised as 
follows:


Sec.  178.503  Marking of packagings.

    (a) * * *
    (1) Except as provided in paragraph (e)(1)(ii) of this section, the 
United Nations symbol as illustrated in paragraph (e)(1)(i) of this 
section (for embossed metal receptacles, the letters ``UN'') may be 
applied in place of the symbol;
    (e) * * *
    (1)(i) The United Nations symbol is:
    [GRAPHIC] [TIFF OMITTED] TR02FE10.002
    
    (ii) The circle that surrounds the letters ``u'' and ``n'' may have 
small

[[Page 5396]]

breaks provided the following provisions are met:
    (A) The total gap space does not exceed 15 percent of the 
circumference of the circle;
    (B) There are no more than four gaps in the circle;
    (C) The spacing between gaps is separated by no less than 20 
percent of the circumference of the circle (72 degrees); and
    (D) The letters ``u'' and ``n'' appear exactly as depicted in Sec.  
178.3(e)(1)(i) with no gaps.
* * * * *

0
30. In Sec.  178.601, the introductory text of paragraph (g)(1), and 
paragraphs (g)(8) and (k) are revised to read as follows:


Sec.  178.601  General requirements.

* * * * *
    (g) * * *
    (1) Selective testing of combination packagings. Variation 1. 
Variations are permitted in inner packagings of a tested combination 
package, without further testing of the package, provided an equivalent 
level of performance is maintained and, when a package is altered under 
Variation 1 after October 1, 2010, the methodology used to determine 
that the inner packaging, including closure, maintains an equivalent 
level of performance is documented in writing by the person certifying 
compliance with this paragraph and retained in accordance with 
paragraph (l) of this section. Permitted variations are as follows:
* * * * *
    (8) For a steel drum with a capacity greater than 12 L (3 gallons) 
manufactured from low carbon, cold-rolled sheet steel meeting ASTM 
designations A 366/A 366M or A 568/A 568M, variations in elements other 
than the following design elements are considered minor and do not 
constitute a different drum design type, or ``different packaging'' as 
defined in paragraph (c) of this section for which design qualification 
testing and periodic retesting are required. Minor variations 
authorized without further testing include changes in the identity of 
the supplier of component material made to the same specifications, or 
the original manufacturer of a DOT specification or UN standard drum to 
be remanufactured. A change in any one or more of the following design 
elements constitutes a different drum design type:
    (i) The packaging type and category of the original drum and the 
remanufactured drum, i.e., 1A1 or 1A2;
    (ii) The style, (i.e., straight-sided or tapered);
    (iii) Except as provided in paragraph (g)(3) of this section, the 
rated (marked) capacity and outside dimensions;
    (iv) The physical state for which the packaging was originally 
approved (e.g., tested for solids or liquids);
    (v) An increase in the marked level of performance of the original 
drum (i.e., to a higher packing group, hydrostatic test pressure, or 
specific gravity to which the packaging has been tested);
    (vi) Type of side seam welding;
    (vii) Type of steel;
    (viii) An increase greater than 10% or any decrease in the steel 
thickness of the head, body, or bottom;
    (ix) End seam type, (e.g., triple or double seam);
    (x) A reduction in the number of rolling hoops (beads) which equal 
or exceed the diameter over the chimes;
    (xi) The location, type or size, and material of closures (other 
than the cover of UN 1A2 drums);
    (xii) The location (e.g., from the head to the body), type (e.g., 
mechanically seamed or welded flange), and materials of closure (other 
than the cover of UN 1A2 drums); and
    (xiii) For UN 1A2 drums:
    (A) Gasket material (e.g., plastic), or properties affecting the 
performance of the gasket;
    (B) Configuration or dimensions of the gasket;
    (C) Closure ring style including bolt size, (e.g., square or round 
back, 0.625'' bolt); and
    (D) Closure ring thickness.
    (E) Width of lugs or extensions in crimp/lug cover.
* * * * *
    (k) Number of test samples. Except as provided in this section, one 
test sample must be used for each test performed under this subpart.
    (1) Stainless steel drums. Provided the validity of the test 
results is not affected, a person may perform the design qualification 
testing of stainless steel drums using three (3) samples rather than 
the specified eighteen (18) samples under the following provisions:
    (i) The packaging must be tested in accordance with this subpart by 
subjecting each of the three containers to the following sequence of 
tests:
    (A) The stacking test in Sec.  178.606,
    (B) The leakproofness test in Sec.  178.604,
    (C) The hydrostatic pressure test in Sec.  178.608, and
    (D) Diagonal top chime and flat on the side drop tests in Sec.  
178.603. Both drop tests may be conducted on the same sample.
    (ii) For periodic retesting of stainless steel drums, a reduced 
sample size of one container is authorized.
    (2) Packagings other than stainless steel drums. Provided the 
validity of the test results is not affected, several tests may be 
performed on one sample with the approval of the Associate 
Administrator.
* * * * *

0
31. In Sec.  178.700, paragraph (c)(1) is revised as follows:


Sec.  178.700  Purpose, scope and definitions.

* * * * *
    (c) * * *
    (1) Body means the receptacle proper (including openings and their 
closures, but not including service equipment) that has a volumetric 
capacity of not more than 3 cubic meters (3,000 L, 793 gallons, or 106 
cubic feet).
* * * * *

0
32. In Sec.  178.703 paragraph (a)(1)(i) is revised as follows:


Sec.  178.703  Marking of IBCs.

    (a) * * *
    (1) * * *
    (i) Except as provided in Sec.  178.503(e)(1)(ii), the United 
Nations symbol as illustrated in Sec.  178.503(e)(1)(i). For metal IBCs 
on which the marking is stamped or embossed, the capital letters ``UN'' 
may be applied instead of the symbol.
* * * * *

0
33. In Sec.  178.705, paragraph (d) is added to read as follows:


Sec.  178.705  Standards for metal IBCs.

* * * * *
    (d) Metal IBCs may not have a volumetric capacity greater than 
3,000 L (793 gallons) or less than 450 L (119 gallons).

0
34. In Sec.  178.706, paragraph (d) is added to read as follows:


Sec.  178.706  Standards for rigid plastic IBCs.

* * * * *
    (d) Rigid plastic IBCs may not have a volumetric capacity greater 
than 3,000 L (793 gallons) or less than 450 L (119 gallons).

0
35. In Sec.  178.707, paragraph (d) is added to read as follows:


Sec.  178.707  Standards for composite IBCs.

* * * * *
    (d) Composite IBCs may not have a volumetric capacity greater than 
3,000 L (793 gallons) or less than 450 L (119 gallons).

0
36. In Sec.  178.708, paragraph (d) is added to read as follows:


Sec.  178.708  Standards for fiberboard IBCs.

* * * * *
    (d) Fiberboard IBCs may not have a volumetric capacity greater than 
3,000 L

[[Page 5397]]

(793 gallons) or less than 450 L (119 gallons).

0
37. In Sec.  178.709, paragraph (d) is added to read as follows:


Sec.  178.709  Standards for wooden IBCs.

* * * * *
    (d) Wooden IBCs may not have a volumetric capacity greater than 
3,000 L (793 gallons) or less than 450 L (119 gallons).

0
38. In Sec.  178.710, paragraph (d) is added to read as follows:


Sec.  178.710  Standards for flexible IBCs.

* * * * *
    (d) Flexible IBCs:
    (1) May not have a volumetric capacity greater than 3,000 L (793 
gallons) or less than 56 L (15 gallons); and
    (2) Must be designed and tested to a capacity of no less than 50 kg 
(110 pounds).

0
39. In Sec.  178.801, paragraph (i) is revised to read as follows:


Sec.  178.801  General requirements.

* * * * *
    (i) Approval of equivalent packagings. An IBC differing from the 
standards in subpart N of this part, or tested using methods other than 
those specified in this subpart, may be used if approved by the 
Associate Administrator. Such IBCs must be shown to be equally 
effective, and testing methods used must be equivalent.
* * * * *
0
40. In Sec.  178.810, paragraph (c) is revised as follows:


Sec.  178.810  Drop test.

* * * * *
    (c) Test method. (1) Samples of all IBC design types must be 
dropped onto a rigid, non-resilient, smooth, flat and horizontal 
surface. The point of impact must be the most vulnerable part of the 
base of the IBC being tested. Following the drop, the IBC must be 
restored to the upright position for observation.
    (2) IBC design types with a capacity of 0.45 cubic meters (15.9 
cubic feet) or less must be subject to an additional drop test.
* * * * *

0
41. Section 178.815 is revised to read as follows:


Sec.  178.815  Stacking test.

    (a) General. The stacking test must be conducted for the 
qualification of all IBC design types intended to be stacked.
    (b) Special preparation for the stacking test. (1) All IBCs except 
flexible IBC design types must be loaded to their maximum permissible 
gross mass.
    (2) The flexible IBC must be filled to not less than 95 percent of 
its capacity and to its maximum net mass, with the load being evenly 
distributed.
    (c) Test method. (1) Design Qualification Testing. All IBCs must be 
placed on their base on level, hard ground and subjected to a uniformly 
distributed superimposed test load for a period of at least five 
minutes (see paragraph (c)(5) of this section).
    (2) Fiberboard, wooden and composite IBCs with outer packagings 
constructed of other than plastic materials must be subject to the test 
for 24 hours.
    (3) Rigid plastic IBC types and composite IBC types with plastic 
outer packagings (11HH1, 11HH2, 21HH1, 21HH2, 31HH1 and 31HH2) which 
bear the stacking load must be subjected to the test for 28 days at 40 
[deg]C (104 [deg]F).
    (4) For all IBCs, the load must be applied by one of the following 
methods:
    (i) One or more IBCs of the same type loaded to their maximum 
permissible gross mass and stacked on the test IBC;
    (ii) The calculated superimposed test load weight loaded on either 
a flat plate or a reproduction of the base of the IBC, which is stacked 
on the test IBC.
    (5) Calculation of superimposed test load. For all IBCs, the load 
to be placed on the IBC must be 1.8 times the combined maximum 
permissible gross mass of the number of similar IBCs that may be 
stacked on top of the IBC during transportation.
    (d) Periodic Retest. (1) The package must be tested in accordance 
with paragraph (c) of this section; or
    (2) The packaging may be tested using a dynamic compression testing 
machine. The test must be conducted at room temperature on an empty, 
unsealed packaging. The test sample must be centered on the bottom 
platen of the testing machine. The top platen must be lowered until it 
comes in contact with the test sample. Compression must be applied end 
to end. The speed of the compression tester must be one-half inch plus 
or minus one-fourth inch per minute. An initial preload of 50 pounds 
must be applied to ensure a definite contact between the test sample 
and the platens. The distance between the platens at this time must be 
recorded as zero deformation. The force ``A'' then to be applied must 
be calculated using the applicable formula:

Liquids: A = (1.8)(n - 1) [w + (s x v x 8.3 x .98)] x 1.5;

or

Solids: A = (1.8)(n - 1) [w + (s x v x 8.3 x .95)] x 1.5

Where:

A = applied load in pounds.
n = maximum number of IBCs being stacked during transportation.
w = maximum weight of one empty container in pounds.
s = specific gravity (liquids) or density (solids) of the lading.
v = actual capacity of container (rated capacity + outage) in 
gallons.
and:
8.3 corresponds to the weight in pounds of 1.0 gallon of water.
1.5 is a compensation factor converting the static load of the 
stacking test into a load suitable for dynamic compression testing.

    (e) Criteria for passing the test. (1) For metal, rigid plastic, 
and composite IBCs, there may be no permanent deformation, which 
renders the IBC unsafe for transportation, and no loss of contents.
    (2) For fiberboard and wooden IBCs, there may be no loss of 
contents and no permanent deformation, which renders the whole IBC, 
including the base pallet, unsafe for transportation.
    (3) For flexible IBCs, there may be no deterioration, which renders 
the IBC unsafe for transportation, and no loss of contents.
    (4) For the dynamic compression test, a container passes the test 
if, after application of the required load, there is no permanent 
deformation to the IBC, which renders the whole IBC, including the base 
pallet, unsafe for transportation; in no case may the maximum 
deflection exceed one inch.

0
42. In Sec.  178.819, paragraph (b)(1) is amended by adding a second 
sentence and paragraph (b)(2) is revised as follows:


Sec.  178.819  Vibration test.

* * * * *
    (b) * * *
    (1) * * * IBCs intended for liquids may be tested using water as 
the filling material for the vibration test.
    (2) The sample IBC must be placed on a vibrating platform with a 
vertical or rotary double-amplitude (peak-to-peak displacement) of one 
inch. The IBC must be constrained horizontally to prevent it from 
falling off the platform, but must be left free to move vertically and 
bounce.
* * * * *

0
43. Subpart P is added to Part 178 as follows:
Subpart P--Large Packagings Standards
Sec.
178.900 Purpose and scope.
178.905 Large Packaging identification codes.
178.910 Marking of Large Packagings.
178.915 General Large Packaging standards.

[[Page 5398]]

178.920 Standards for metal Large Packagings.
178.925 Standards for rigid plastic Large Packagings.
178.930 Standards for fiberboard Large Packagings.
178.935 Standards for wooden Large Packagings.
178.940 Standards for flexible Large Packagings.

Subpart P--Large Packagings Standards


Sec.  178.900  Purpose and scope.

    (a) This subpart prescribes requirements for Large Packaging 
intended for the transportation of hazardous materials. Standards for 
these packagings are based on the UN Recommendations.
    (b) Terms used in this subpart are defined in Sec.  171.8 of this 
subchapter.


Sec.  178.905  Large Packaging identification codes.

    Large packaging code designations consist of: two numerals 
specified in paragraph (a) of this section; followed by the capital 
letter(s) specified in paragraph (b) of this section.
    (a) Large packaging code number designations are as follows: 50 for 
rigid Large Packagings; or 51 for flexible Large Packagings.
    (b) Large Packagings code letter designations are as follows:
    (1) ``A'' means steel (all types and surface treatments).
    (2) ``B'' means aluminum.
    (3) ``C'' means natural wood.
    (4) ``D'' means plywood.
    (5) ``F'' means reconstituted wood.
    (6) ``G'' means fiberboard.
    (7) ``H'' means plastic.
    (8) ``M'' means paper, multiwall.
    (9) ``N'' means metal (other than steel or aluminum).


Sec.  178.910  Marking of Large Packagings.

    (a) The manufacturer must:
    (1) Mark every Large Packaging in a durable and clearly visible 
manner. The marking may be applied in a single line or in multiple 
lines provided the correct sequence is followed with the information 
required by this section. The following information is required in the 
sequence presented:
    (i) Except as provided in Sec.  178.503(e)(1)(ii), the United 
Nations packaging symbol as illustrated in Sec.  178.503(e)(1)(i). For 
metal Large Packagings on which the marking is stamped or embossed, the 
capital letters ``UN'' may be applied instead of the symbol;
    (ii) The code number designating the Large Packaging design type 
according to Sec.  178.901. The letter ``W'' must follow the Large 
Packaging design type identification code on a Large Packaging when the 
Large Packaging differs from the requirements in subpart P of this 
part, or is tested using methods other than those specified in this 
subpart, and is approved by the Associate Administrator in accordance 
with the provisions in Sec.  178.1001;
    (iii) A capital letter identifying the performance standard under 
which the design type has been successfully tested, as follows:
    (A) X--for Large Packagings meeting Packing Groups I, II and III 
tests;
    (B) Y--for Large Packagings meeting Packing Groups II and III 
tests; and
    (C) Z--for Large Packagings meeting Packing Group III test.
    (iv) The month (designated numerically) and year (last two digits) 
of manufacture;
    (v) The country authorizing the allocation of the mark. The letters 
``USA'' indicate that the Large Packaging is manufactured and marked in 
the United States in compliance with the provisions of this subchapter.
    (vi) The name and address or symbol of the manufacturer or the 
approval agency certifying compliance with subpart P and subpart Q of 
this part. Symbols, if used, must be registered with the Associate 
Administrator.
    (vii) The stacking test load in kilograms (kg). For Large 
Packagings not designed for stacking the figure ``0'' must be shown.
    (viii) The maximum permissible gross mass or for flexible Large 
Packagings, the maximum net mass, in kg.
    (2) The following are examples of symbols and required markings:
    (i) For a steel Large Packaging suitable for stacking; stacking 
load: 2,500 kg; maximum gross mass: 1,000 kg.
[GRAPHIC] [TIFF OMITTED] TR02FE10.003

    (ii) For a plastic Large Packaging not suitable for stacking; 
maximum gross mass: 800 kg.
[GRAPHIC] [TIFF OMITTED] TR02FE10.004

    (iii) For a Flexible Large Packaging not suitable for stacking; 
maximum gross mass: 500 kg.
[GRAPHIC] [TIFF OMITTED] TR02FE10.005


[[Page 5399]]


    (b) [Reserved].


Sec.  178.915  General Large Packaging standards.

    (a) Each Large Packaging must be resistant to, or protected from, 
deterioration due to exposure to the external environment. Large 
Packagings intended for solid hazardous materials must be sift-proof 
and water-resistant.
    (b) All service equipment must be positioned or protected to 
minimize potential loss of contents resulting from damage during Large 
Packaging handling and transportation.
    (c) Each Large Packaging, including attachments and service and 
structural equipment, must be designed to withstand, without loss of 
hazardous materials, the internal pressure of the contents and the 
stresses of normal handling and transport. A Large Packaging intended 
for stacking must be designed for stacking. Any lifting or securing 
features of a Large Packaging must be sufficient strength to withstand 
the normal conditions of handling and transportation without gross 
distortion or failure and must be positioned so as to cause no undue 
stress in any part of the Large Packaging.
    (d) A Large Packaging consisting of packagings within a framework 
must be so constructed that the packaging is not damaged by the 
framework and is retained within the framework at all times.
    (e) Large packaging design types must be constructed in such a way 
as to be bottom-lifted or top-lifted as specified in Sec. Sec.  
178.1004 and 178.1005.


Sec.  178.920  Standards for metal Large Packagings.

    (a) The provisions in this section apply to metal Large Packagings 
intended to contain liquids and solids. Metal Large Packaging types are 
designated:
    (1) 50A steel
    (2) 50B aluminum
    (3) 50N metal (other than steel or aluminum)
    (b) Each Large Packaging must be made of suitable ductile metal 
materials. Welds must be made so as to maintain design type integrity 
of the receptacle under conditions normally incident to transportation. 
Low-temperature performance must be taken into account when 
appropriate.
    (c) The use of dissimilar metals must not result in deterioration 
that could affect the integrity of the Large Packaging.
    (d) Metal Large Packagings may not have a volumetric capacity 
greater than 3,000 L (793 gallons) and not less than 450 L (119 
gallons).


Sec.  178.925  Standards for rigid plastic Large Packagings.

    (a) The provisions in this section apply to rigid plastic Large 
Packagings intended to contain liquids and solids. Rigid plastic Large 
Packaging types are designated:
    (1) 50H rigid plastics.
    (2) [Reserved]
    (b) A rigid plastic Large Packaging must be manufactured from 
plastic material of known specifications and be of a strength relative 
to its capacity and to the service it is required to perform. In 
addition to conformance to Sec.  173.24 of this subchapter, plastic 
materials must be resistant to aging and to degradation caused by 
ultraviolet radiation.
    (1) If protection against ultraviolet radiation is necessary, it 
must be provided by the addition of a pigment or inhibiter such as 
carbon black to plastic materials. These additives must be compatible 
with the contents and remain effective throughout the life of the 
plastic Large Packaging body. Where use is made of carbon black, 
pigments or inhibitors, other than those used in the manufacture of the 
tested design type, retesting may be omitted if changes in the carbon 
black content, the pigment content or the inhibitor content do not 
adversely affect the physical properties of the material of 
construction.
    (2) Additives may be included in the composition of the plastic 
material to improve the resistance to aging or to serve other purposes, 
provided they do not adversely affect the physical or chemical 
properties of the material of construction.
    (3) No used material other than production residues or regrind from 
the same manufacturing process may be used in the manufacture of rigid 
plastic Large Packagings.
    (c) Rigid plastic Large Packagings:
    (1) May not have a volumetric capacity greater than 3,000 L (793 
gallons); and
    (2) May not have a volumetric capacity less than 450 L (119 
gallons).


Sec.  178.930  Standards for fiberboard Large Packagings.

    (a) The provisions in this section apply to fiberboard Large 
Packagings intended to contain solids. Rigid fiberboard large Packaging 
types are designated:
    (1) 50G fiberboard
    (2) [Reserved]
    (b) Construction requirements for fiberboard Large Packagings.
    (1) Fiberboard Large Packagings must be constructed of strong, 
solid or double-faced corrugated fiberboard (single or multiwall) that 
is appropriate to the capacity of the Large Packagings and to their 
intended use. Water resistance of the outer surface must be such that 
the increase in mass, as determined in a test carried out over a period 
of 30 minutes by the Cobb method of determining water absorption, is 
not greater than 155 grams per square meter (0.0316 pounds per square 
foot)--see ISO 535 (E) (IBR, see Sec.  171.7 of this subchapter). 
Fiberboard must have proper bending qualities. Fiberboard must be cut, 
creased without cutting through any thickness of fiberboard, and 
slotted so as to permit assembly without cracking, surface breaks or 
undue bending. The fluting or corrugated fiberboard must be firmly 
glued to the facings.
    (i) The walls, including top and bottom, must have a minimum 
puncture resistance of 15 Joules (11 foot-pounds of energy) measured 
according to ISO 3036 (IBR, see Sec.  171.7 of this subchapter).
    (ii) Manufacturers' joints in the outer packaging of Large 
Packagings must be made with an appropriate overlap and be taped, 
glued, stitched with metal staples or fastened by other means at least 
equally effective. Where joints are made by gluing or taping, a water 
resistant adhesive must be used. Metal staples must pass completely 
through all pieces to be fastened and be formed or protected so that 
any inner liner cannot be abraded or punctured by them.
    (2) Integral and detachable pallets.
    (i) Any integral pallet base forming part of a Large Packaging or 
any detachable pallet must be suitable for mechanical handling with the 
Large Packaging filled to its maximum permissible gross mass.
    (ii) The pallet or integral base must be designed to avoid 
protrusions causing damage to the fiberboard Large Packagings in 
handling.
    (iii) The body must be secured to any detached pallet to ensure 
stability in handling and transport. Where a detachable pallet is used, 
its top surface must be free from protrusions that might damage the 
Large Packaging.
    (3) Strengthening devices, such as timber supports to increase 
stacking performance may be used but must be external to the liner.
    (4) The load-bearing surfaces of Large Packagings intended for 
stacking must be designed to distribute the load in a stable manner.
    (c) Fiberboard Large Packagings may not have a volumetric capacity 
greater than 3,000 L (793 gallons) and not less than 450 L (119 
gallons).

[[Page 5400]]

Sec.  178.935  Standards for wooden Large Packagings.

    (a) The provisions in this section apply to wooden Large Packagings 
intended to contain solids. Wooden Large Packaging types are 
designated:
    (1) 50C natural wood.
    (2) 50D plywood.
    (3) 50F reconstituted wood.
    (b) Construction requirements for wooden Large Packagings are as 
follows:
    (1) The strength of the materials used and the method of 
construction must be appropriate to the capacity and intended use of 
the Large Packagings.
    (i) Natural wood used in the construction of Large Packagings must 
be well-seasoned, commercially dry and free from defects that would 
materially lessen the strength of any part of the Large Packagings. 
Each Large Packaging part must consist of uncut wood or a piece 
equivalent in strength and integrity. Large Packagings parts are 
equivalent to one piece when a suitable method of glued assembly is 
used (i.e., a Lindermann joint, tongue and groove joint, ship, lap or 
babbet joint; or butt joint with at least two corrugated metal 
fasteners at each joint, or when other methods at least equally 
effective are used).
    (ii) Plywood used in construction must be at least 3-ply. Plywood 
must be made of well-seasoned rotary cut, sliced or sawn veneer, 
commercially dry and free from defects that would materially lessen the 
strength of the Large Packagings. All adjacent piles must be glued with 
water resistant adhesive. Materials other than plywood may be used for 
the construction of the Large Packaging.
    (iii) Reconstituted wood used in the construction of Large 
Packagings must be water resistant reconstituted wood such as 
hardboard, particle board or other suitable type.
    (iv) Wooden Large Packagings must be firmly nailed or secured to 
corner posts or ends or be assembled by similar devices.
    (2) Integral and detachable pallets.
    (i) Any integral pallet base forming part of a Large Packaging, or 
any detachable pallet must be suitable for mechanical handling of a 
Large Packaging filled to its maximum permissible gross mass.
    (ii) The pallet or integral base must be designed to avoid 
protrusion that may cause damage to the Large Packaging in handling.
    (iii) The body must be secured to any detachable pallet to ensure 
stability in handling and transportation. Where a detachable pallet is 
used, its top surface must be free from protrusions that might damage 
the Large Packaging.
    (3) Strengthening devices, such as timber supports to increase 
stacking performance, may be used but must be external to the liner.
    (4) The load bearing surfaces of the Large Packaging must be 
designed to distribute loads in a stable manner.
    (c) Wooden Large Packagings:
    (1) May not have a volumetric capacity greater than 3,000 L (793 
gallons); and
    (2) May not have a volumetric capacity less than 450 L (119 
gallons).


Sec.  178.940  Standards for flexible Large Packagings.

    (a) The provisions in this section apply to flexible Large 
Packagings intended to contain liquids and solids. Flexible Large 
Packagings types are designated:
    (1) 51H flexible plastics.
    (2) 51M flexible paper.
    (b) Construction requirements for flexible Large Packagings are as 
follows:
    (1) The strength of the material and the construction of the 
flexible Large Packagings must be appropriate to its capacity and its 
intended use.
    (2) All materials used in the construction of flexible Large 
Packagings of types 51M must, after complete immersion in water for not 
less than 24 hours, retain at least 85 percent of the tensile strength 
as measured originally on the material conditioned to equilibrium at 67 
percent relative humidity or less.
    (3) Seams must be stitched or formed by heat sealing, gluing or any 
equivalent method. All stitched seam-ends must be secured.
    (4) In addition to conformance with the requirements of Sec.  
173.24 of this subchapter, flexible Large Packaging must be resistant 
to aging and degradation caused by ultraviolet radiation.
    (5) For plastic flexible Large Packagings, if necessary, protection 
against ultraviolet radiation must be provided by the addition of 
pigments or inhibitors such as carbon black. These additives must be 
compatible with the contents and remain effective throughout the life 
of the Large Packaging. Where use is made of carbon black, pigments or 
inhibitors other than those used in the manufacture of the tested 
design type, retesting may be omitted if the carbon black content, the 
pigment content or the inhibitor content do not adversely affect the 
physical properties of the material of construction.
    (6) Additives may be included in the composition of the material of 
the Large Packaging to improve the resistance to aging, provided they 
do not adversely affect the physical or chemical properties of the 
material.
    (7) When flexible material Large Packagings are filled, the ratio 
of height to width must be no more than 2:1.
    (c) Flexible Large Packagings:
    (1) May not have a volumetric capacity greater than 3,000 L (793 
gallons);
    (2) May not have a volumetric capacity less than 56 L (15 gallons); 
and
    (3) Must be designed and tested to a capacity of not less than 50 
kg (110 pounds).
0
44. Subpart Q is added to Part 178 as follows:

Subpart Q--Testing of Large Packagings

Sec.
178.950 Purpose and scope.
178.955 General requirements.
178.960 Preparation of Large Packagings for testing.
178.965 Drop test.
178.970 Bottom lift test.
178.975 Top lift test.
178.980 Stacking test.
178.985 Vibration test.

Subpart Q--Testing of Large Packagings


Sec.  178.950  Purpose and scope.

    This subpart prescribes certain testing requirements for Large 
Packagings identified in subpart P of this part.


Sec.  178.955  General requirements.

    (a) General. The test procedures prescribed in this subpart are 
intended to ensure that Large Packagings containing hazardous materials 
can withstand normal conditions of transportation. These test 
procedures are considered minimum requirements. Each packaging must be 
manufactured and assembled so as to be capable of successfully passing 
the prescribed tests and to conform to the requirements of Sec.  173.24 
of this subchapter while in transportation.
    (b) Responsibility. The Large Packaging manufacturer is responsible 
for ensuring each Large Packaging is capable of passing the prescribed 
tests. To the extent a Large Packaging's assembly function, including 
final closure, is performed by the person who offers a hazardous 
material for transportation, that person is responsible for performing 
the function in accordance with Sec. Sec.  173.22 and 178.2 of this 
subchapter.
    (c) Definitions. For the purpose of this subpart:
    (1) Large packaging design type refers to a Large Packaging which 
does not differ in structural design, size, material of construction 
and packing.
    (2) Design qualification testing is the performance of the drop, 
stacking, and

[[Page 5401]]

bottom-lift or top-lift tests, as applicable, prescribed in this 
subpart, for each different Large Packaging design type, at the start 
of production of that packaging.
    (3) Periodic design requalification test is the performance of the 
applicable tests specified in paragraph (c)(2) of this section on a 
Large Packaging design type, to requalify the design for continued 
production at the frequency specified in paragraph (e) of this section.
    (4) Production inspection is the inspection, which must initially 
be conducted on each newly manufactured Large Packaging.
    (5) Different Large Packaging design type is one which differs from 
a previously qualified Large Packaging design type in structural 
design, size, material of construction, wall thickness, or manner of 
construction, but does not include:
    (i) A packaging which differs in surface treatment;
    (ii) A rigid plastic Large Packaging, which differs with regard to 
additives used to comply with Sec. Sec.  178.906(b) or 178.909(b);
    (iii) A packaging which differs only in its lesser external 
dimensions (i.e., height, width, length) provided materials of 
construction and material thickness or fabric weight remain the same;
    (d) Design qualification testing. The packaging manufacturer must 
achieve successful test results for the design qualification testing at 
the start of production of each new or different Large Packaging design 
type. Application of the certification mark by the manufacturer 
constitutes certification that the Large Packaging design type passed 
the prescribed tests in this subpart.
    (e) Periodic design requalification testing. (1) Periodic design 
requalification must be conducted on each qualified Large Packaging 
design type if the manufacturer is to maintain authorization for 
continued production. The Large Packaging manufacturer must achieve 
successful test results for the periodic design requalification at 
sufficient frequency to ensure each packaging produced by the 
manufacturer is capable of passing the design qualification tests. 
Design requalification tests must be conducted at least once every 24 
months.
    (2) Changes in the frequency of design requalification testing 
specified in paragraph (e)(1) of this section are authorized if 
approved by the Associate Administrator.
    (f) Test samples. The manufacturer must conduct the design 
qualification and periodic tests prescribed in this subpart using 
random samples of packagings, in the numbers specified in the 
appropriate test section.
    (g) Selective testing. The selective testing of Large Packagings, 
which differ only in minor respects from a tested type is permitted as 
described in this section. For air transport, Large Packagings must 
comply with Sec.  173.27(c)(1) and (c)(2) of this subchapter. 
Variations are permitted in inner packagings of a tested Large 
Packaging, without further testing of the package, provided an 
equivalent level of performance is maintained and the methodology used 
to determine that the inner packaging, including closure, maintains an 
equivalent level of performance is documented in writing by the person 
certifying compliance with this paragraph and retained in accordance 
with paragraph (l) of this section. Permitted variations are as 
follows:
    (1) Inner packagings of equivalent or smaller size may be used 
provided--
    (i) The inner packagings are of similar design to the tested inner 
packagings (i.e., shape--round, rectangular, etc.);
    (ii) The material of construction of the inner packagings (glass, 
plastic, metal, etc.) offers resistance to impact and stacking forces 
equal to or greater than that of the originally tested inner packaging;
    (iii) The inner packagings have the same or smaller openings and 
the closure is of similar design (e.g., screw cap, friction lid, etc.);
    (iv) Sufficient additional cushioning material is used to take up 
void spaces and to prevent significant movement of the inner 
packagings;
    (v) Inner packagings are oriented within the outer packaging in the 
same manner as in the tested package; and
    (vi) The gross mass of the package does not exceed that originally 
tested.
    (2) A lesser number of the tested inner packagings, or of the 
alternative types of inner packagings identified in paragraph (g)(1) of 
this section, may be used provided sufficient cushioning is added to 
fill void space(s) and to prevent significant movement of the inner 
packagings.
    (h) Proof of compliance. In addition to the periodic design 
requalification testing intervals specified in paragraph (e) of this 
section, the Associate Administrator, or a designated representative, 
may at any time require demonstration of compliance by a manufacturer, 
through testing in accordance with this subpart, to ensure packagings 
meet the requirements of this subpart. As required by the Associate 
Administrator, or a designated representative, the manufacturer must 
either:
    (1) Conduct performance tests or have tests conducted by an 
independent testing facility, in accordance with this subpart; or
    (2) Make a sample Large Packaging available to the Associate 
Administrator, or a designated representative, for testing in 
accordance with this subpart.
    (i) Record retention. Following each design qualification test and 
each periodic retest on a Large Packaging, a test report must be 
prepared. The test report must be maintained at each location where the 
Large Packaging is manufactured and each location where the design 
qualification tests are conducted, for as long as the Large Packaging 
is produced and for at least two years thereafter, and at each location 
where the periodic retests are conducted until such tests are 
successfully performed again and a new test report produced. In 
addition, a copy of the test report must be maintained by a person 
certifying compliance with this part. The test report must be made 
available to a user of a Large Packaging or a representative of the 
Department upon request. The test report, at a minimum, must contain 
the following information:
    (1) Name and address of test facility;
    (2) Name and address of applicant (where appropriate);
    (3) A unique test report identification;
    (4) Date of the test report;
    (5) Manufacturer of the packaging;
    (6) Description of the packaging design type (e.g., dimensions, 
materials, closures, thickness, etc.), including methods of manufacture 
(e.g., blow molding) and which may include drawing(s) and/or 
photograph(s);
    (7) Maximum capacity;
    (8) Characteristics of test contents, e.g., viscosity and relative 
density for liquids and particle size for solids;
    (9) Mathematical calculations performed to conduct and document 
testing (for example, drop height, test capacity, outage requirements, 
etc.);
    (10) Test descriptions and results; and
    (11) Signature with the name and title of signatory.


Sec.  178.960  Preparation of Large Packagings for testing.

    (a) Except as otherwise provided in this subchapter, each Large 
Packaging and package must be closed in preparation for testing and 
tests must be carried out in the same manner as if prepared for 
transportation, including inner packagings. All closures must be 
installed using proper techniques and torques.

[[Page 5402]]

    (b) For the drop and stacking test, inner receptacles must be 
filled to not less than 95 percent of maximum capacity (see Sec.  171.8 
of this subchapter) in the case of solids and not less than 98 percent 
of maximum in the case of liquids. Bags must be filled to the maximum 
mass at which they may be used. For Large Packagings where the inner 
packagings are designed to carry liquids and solids, separate testing 
is required for both liquid and solid contents. The material to be 
transported in the packagings may be replaced by a non-hazardous 
material, except for chemical compatibility testing or where this would 
invalidate the results of the tests.
    (c) If the material to be transported is replaced for test purposes 
by a non-hazardous material, the material used must be of the same or 
higher specific gravity as the material to be carried, and its other 
physical properties (grain, size, viscosity) which might influence the 
results of the required tests must correspond as closely as possible to 
those of the hazardous material to be transported. It is permissible to 
use additives, such as bags of lead shot, to achieve the requisite 
total package mass, so long as they do not affect the test results.
    (d) Paper or fiberboard Large Packagings must be conditioned for at 
least 24 hours immediately prior to testing in an atmosphere 
maintained--
    (1) At 50 percent  2 percent relative humidity, and at 
a temperature of 23 [deg]C  2 [deg]C (73 [deg]F  4 [deg]F). Average values should fall within these limits. 
Short-term fluctuations and measurement limitations may cause 
individual measurements to vary by up to  5 percent 
relative humidity without significant impairment of test 
reproducibility;
    (2) At 65 percent  2 percent relative humidity, and at 
a temperature of 20 [deg]C  2 [deg]C (68 [deg]F  4 [deg]F), or 27 [deg]C  2 [deg]C (81 [deg]F  4 [deg]F). Average values should fall within these limits. 
Short-term fluctuations and measurement limitations may cause 
individual measurements to vary by up to  5 percent 
relative humidity without significant impairment of test 
reproducibility; or
    (3) For testing at periodic intervals only (i.e., other than 
initial design qualification testing), at ambient conditions.


Sec.  178.965  Drop test.

    (a) General. The drop test must be conducted for the qualification 
of all Large Packagings design types and performed periodically as 
specified in Sec.  178.1001(e) of this subpart.
    (b) Special preparation for the drop test. Large Packagings must be 
filled in accordance with Sec.  178.1002.
    (c) Conditioning. Rigid plastic Large Packagings and Large 
Packagings with plastic inner receptacles must be conditioned for 
testing by reducing the temperature of the packaging and its contents 
to -18 [deg]C (0 [deg]F) or lower. Test liquids must be kept in the 
liquid state, if necessary, by the addition of anti-freeze. Water/anti-
freeze solutions with a minimum specific gravity of 0.95 for testing at 
-18 [deg]C (0 [deg]F) or lower are considered acceptable test liquids, 
and may be considered equivalent to water for test purposes. Large 
Packagings conditioned in this way are not required to be conditioned 
in accordance with Sec.  178.1002(d).
    (d) Test method. (1) Samples of all Large Packaging design types 
must be dropped onto a rigid, non-resilient, smooth, flat and 
horizontal surface. The point of impact must be the most vulnerable 
part of the base of the Large Packaging being tested. Following the 
drop, the Large Packaging must be restored to the upright position for 
observation.
    (2) Large Packaging design types with a capacity of 0.45 cubic 
meters (15.9 cubic feet) or less must be subject to an additional drop 
test.
    (e) Drop height. (1) For all Large Packagings, drop heights are 
specified as follows:
    (i) Packing group I: 1.8 m (5.9 feet)
    (ii) Packing group II: 1.2 m (3.9 feet)
    (iii) Packing group III: 0.8 m (2.6 feet)
    (2) Drop tests are to be performed with the solid or liquid to be 
transported or with a non-hazardous material having essentially the 
same physical characteristics.
    (3) The specific gravity and viscosity of a substituted non-
hazardous material used in the drop test for liquids must be similar to 
the hazardous material intended for transportation. Water also may be 
used for the liquid drop test under the following conditions:
    (i) Where the substances to be carried have a specific gravity not 
exceeding 1.2, the drop heights must be those specified in paragraph 
(e)(1) of this section for each Large Packaging design type; and
    (ii) Where the substances to be carried have a specific gravity 
exceeding 1.2, the drop heights must be as follows:
    (A) Packing Group I: SG x 1.5 m (4.9 feet).
    (B) Packing Group II: SG x 1.0 m (3.3 feet).
    (C) Packing Group III: SG x 0.67 m (2.2 feet).
    (f) Criteria for passing the test. For all Large Packaging design 
types there may be no loss of the filling substance from inner 
packaging(s) or article(s). Ruptures are not permitted in Large 
Packaging for articles of Class 1 which permit the spillage of loose 
explosive substances or articles from the Large Packaging. Where a 
Large Packaging undergoes a drop test, the sample passes the test if 
the entire contents are retained even if the closure is no longer sift-
proof.


Sec.  178.970  Bottom lift test.

    (a) General. The bottom lift test must be conducted for the 
qualification of all Large Packagings design types designed to be 
lifted from the base.
    (b) Special preparation for the bottom lift test. The Large 
Packaging must be loaded to 1.25 times its maximum permissible gross 
mass, the load being evenly distributed.
    (c) Test method. All Large Packaging design types must be raised 
and lowered twice by a lift truck with the forks centrally positioned 
and spaced at three quarters of the dimension of the side of entry 
(unless the points of entry are fixed). The forks must penetrate to 
three quarters of the direction of entry.
    (d) Criteria for passing the test. For all Large Packagings design 
types designed to be lifted from the base, there may be no permanent 
deformation which renders the Large Packaging unsafe for transport and 
there must be no loss of contents.


Sec.  178.975  Top lift test.

    (a) General. The top lift test must be conducted for the 
qualification of all of Large Packagings design types to be lifted from 
the top or, for flexible Large Packagings, from the side.
    (b) Special preparation for the top lift test. (1) Metal and rigid 
plastic Large Packagings design types must be loaded to twice its 
maximum permissible gross mass.
    (2) Flexible Large Packaging design types must be filled to six 
times the maximum permissible gross mass, the load being evenly 
distributed.
    (c) Test method. (1) A Large Packaging must be lifted in the manner 
for which it is designed until clear of the floor and maintained in 
that position for a period of five minutes.
    (2) Rigid plastic Large Packaging design types must be:
    (i) Lifted by each pair of diagonally opposite lifting devices, so 
that the hoisting forces are applied vertically for a period of five 
minutes; and
    (ii) Lifted by each pair of diagonally opposite lifting devices so 
that the hoisting forces are applied towards the center at 45[deg] to 
the vertical, for a period of five minutes.
    (3) If not tested as indicated in paragraph (c)(1) of this section, 
a

[[Page 5403]]

flexible Large Packaging design type must be tested as follows:
    (i) Fill the flexible Large Packaging to 95% full with a material 
representative of the product to be shipped.
    (ii) Suspend the flexible Large Packaging by its lifting devices.
    (iii) Apply a constant downward force through a specially designed 
platen. The platen will be a minimum of 60 percent and a maximum of 80 
percent of the cross sectional surface area of the flexible Large 
Packaging.
    (iv) The combination of the mass of the filled flexible Large 
Packaging and the force applied through the platen must be a minimum of 
six times the maximum net mass of the flexible Large Packaging. The 
test must be conducted for a period of five minutes.
    (v) Other equally effective methods of top lift testing and 
preparation may be used with approval of the Associate Administrator.
    (d) Criterion for passing the test. For all Large Packagings design 
types designed to be lifted from the top, there may be no permanent 
deformation which renders the Large Packagings unsafe for transport and 
no loss of contents.


Sec.  178.980  Stacking test.

    (a) General. The stacking test must be conducted for the 
qualification of all Large Packagings design types intended to be 
stacked.
    (b) Special preparation for the stacking test. (1) All Large 
Packagings except flexible Large Packaging design types must be loaded 
to their maximum permissible gross mass.
    (2) Flexible Large Packagings must be filled to not less than 95 
percent of their capacity and to their maximum net mass, with the load 
being evenly distributed.
    (c) Test method. (1) All Large Packagings must be placed on their 
base on level, hard ground and subjected to a uniformly distributed 
superimposed test load for a period of at least five minutes (see 
paragraph (c)(5) of this section).
    (2) Fiberboard and wooden Large Packagings must be subjected to the 
test for 24 hours.
    (3) Rigid plastic Large Packagings which bear the stacking load 
must be subjected to the test for 28 days at 40 [deg]C (104 [deg]F).
    (4) For all Large Packagings, the load must be applied by one of 
the following methods:
    (i) One or more Large Packagings of the same type loaded to their 
maximum permissible gross mass and stacked on the test Large Packaging;
    (ii) The calculated superimposed test load weight loaded on either 
a flat plate or a reproduction of the base of the Large Packaging, 
which is stacked on the test Large Packaging; or
    (5) Calculation of superimposed test load. For all Large 
Packagings, the load to be placed on the Large Packaging must be 1.8 
times the combined maximum permissible gross mass of the number of 
similar Large Packaging that may be stacked on top of the Large 
Packaging during transportation.
    (d) Periodic Retest. (1) The package must be tested in accordance 
with Sec.  178.1015(c) of this subpart; or
    (2) The packaging may be tested using a dynamic compression testing 
machine. The test must be conducted at room temperature on an empty, 
unsealed packaging. The test sample must be centered on the bottom 
platen of the testing machine. The top platen must be lowered until it 
comes in contact with the test sample. Compression must be applied end 
to end. The speed of the compression tester must be one-half inch plus 
or minus one-fourth inch per minute. An initial preload of 50 pounds 
must be applied to ensure a definite contact between the test sample 
and the platens. The distance between the platens at this time must be 
recorded as zero deformation. The force ``A'' to then be applied must 
be calculated using the applicable formula:

Liquids: A = (1.8)(n-1) [w + (s x v x 8.3 x .98)] x 1.5;


or

Solids: A = (1.8)(n-1) [w + (s x v x 8.3 x .95)] x 1.5

Where:

A = applied load in pounds.
n = maximum number of Large Packagings that may be stacked during 
transportation.
w = maximum weight of one empty container in pounds.
s = specific gravity (liquids) or density (solids) of the lading.
v = actual capacity of container (rated capacity + outage) in 
gallons.
and:
8.3 corresponds to the weight in pounds of 1.0 gallon of water.
1.5 is a compensation factor that converts the static load of the 
stacking test into a load suitable for dynamic compression testing.

    (e) Criterion for passing the test. (1) For metal or rigid plastic 
Large Packagings, there may be no permanent deformation which renders 
the Large Packaging unsafe for transportation and no loss of contents.
    (2) For flexible Large Packagings, there may be no deterioration 
which renders the Large Packaging unsafe for transportation and no loss 
of contents.
    (3) For the dynamic compression test, a container passes the test 
if, after application of the required load, there is no permanent 
deformation to the Large Packaging which renders the whole Large 
Packaging; including the base pallet, unsafe for transportation; in no 
case may the maximum deflection exceed one inch.


Sec.  178.985  Vibration test.

    (a) General. The vibration test must be conducted for the 
qualification of all rigid Large Packaging design types. Flexible Large 
Packaging design types must be capable of withstanding the vibration 
test.
    (b) Test method. (1) A sample Large Packaging, selected at random, 
must be filled and closed as for shipment. Large Packagings intended 
for liquids may be tested using water as the filling material for the 
vibration test.
    (2) The sample Large Packaging must be placed on a vibrating 
platform that has a vertical or rotary double-amplitude (peak-to-peak 
displacement) of one inch. The Large Packaging must be constrained 
horizontally to prevent it from falling off the platform, but must be 
left free to move vertically and bounce.
    (3) The sample Large Packaging must be placed on a vibrating 
platform that has a vertical double-amplitude (peak-to-peak 
displacement) of one inch. The Large Packaging must be constrained 
horizontally to prevent it from falling off the platform, but must be 
left free to move vertically and bounce.
    (4) The test must be performed for one hour at a frequency that 
causes the package to be raised from the vibrating platform to such a 
degree that a piece of material of approximately 1.6-mm (0.063-inch) in 
thickness (such as steel strapping or paperboard) can be passed between 
the bottom of the Large Packaging and the platform. Other methods at 
least equally effective may be used (see Sec.  178.801(i)).
    (c) Criterion for passing the test. A Large Packaging passes the 
vibration test if there is no rupture or leakage.

    Issued in Washington, DC, on January 21, 2010, under authority 
delegated in 49 CFR Part 1.
Cindy Douglass,
Assistant Administrator/Chief Safety Officer.
[FR Doc. 2010-1615 Filed 2-1-10; 8:45 am]
BILLING CODE 4910-60-P


[[Page 5409]]