[Federal Register Volume 77, Number 81 (Thursday, April 26, 2012)]
[Proposed Rules]
[Pages 24885-24907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9895]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 105, 171, 172, 173, 177, 178, and 180

[Docket No. PHMSA-2011-0138 (HM-218G)]
RIN 2137-AE78


Hazardous Materials; Miscellaneous Amendments (RRR)

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: PHMSA proposes to make miscellaneous amendments to the 
Hazardous Materials Regulations to update and clarify certain 
regulatory requirements. These proposed amendments are designed to 
promote safer transportation practices; eliminate unnecessary 
regulatory requirements; address a petition for rulemaking; incorporate 
a special permit into the Hazardous Materials Regulations; facilitate 
international commerce; and simplify the regulations. Among other 
provisions, PHMSA is proposing to update various entries in the 
Hazardous Materials Table and corresponding special provisions, clarify 
the lab pack requirements for temperature-controlled materials, and 
revise the training requirements to require that a hazardous material 
employer must make hazardous materials employee training records 
available upon request to an authorized official of the Department of 
Transportation (DOT) or the Department of Homeland Security (DHS).

DATES: Comments must be received by June 25, 2012.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Dockets Management System; U.S. Department of 
Transportation, Dockets Operations, M-30, Ground

[[Page 24886]]

Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-
0001.
     Hand Delivery: To U.S. Department of Transportation, 
Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey 
Avenue SE., Washington, DC 20590-0001, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    Instructions: Include the agency name and docket number PHMSA-2011-
0138 (HM-218G) or rule identification number (RIN 2137-AE78) for this 
rulemaking at the beginning of your comment. Note that all comments 
received will be posted without change to http://www.regulations.gov 
including any personal information provided. If sent by mail, comments 
must be submitted in duplicate. Persons wishing to receive confirmation 
of receipt of their comments must include a self-addressed stamped 
postcard.
    Privacy Act: Anyone is able to search the electronic form of any 
written communications and comments received into any of our dockets by 
the name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (65 FR 19477), or you 
may visit http://www.regulations.gov.
    Docket: You may view the public docket through the Internet at 
http://www.regulations.gov or in person at the Docket Operations office 
at the above address (See ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Rob Benedict, Standards and Rulemaking 
Division, (202) 366-8553, Pipeline and Hazardous Materials Safety 
Administration, U.S. Department of Transportation, 1200 New Jersey 
Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Contents

I. Background
II. Section-by-Section Review
III. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for the Rulemaking
    B. Executive Order 12866, Executive Order 13563 and DOT 
Regulatory Policies and Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies
    F. Paperwork Reduction Act
    G. Regulatory Identifier Number (RIN)
    H. Unfunded Mandates Reform Act
    I. Environmental Assessment
    J. Privacy Act
    K. International Trade Analysis

I. Background

    The purpose of this NPRM is to update and clarify existing 
requirements by incorporating changes into the Hazardous Materials 
Regulations (HMR; 49 CFR parts 171-180) based on PHMSA's own 
initiatives. The proposed amendments were identified through an 
extensive review of the HMR and previously-issued letters of 
interpretation to the regulated hazardous materials transportation 
community. In addition, this NPRM proposes to incorporate a widely-held 
special permit with a longstanding history of safety into the HMR and 
respond to a petition for rulemaking. To this end, PHMSA is proposing 
to revise, clarify, and relax certain regulatory requirements.
    Specifically, PHMSA is proposing to:
     Permit designated agents for non-residents to submit 
designation requests by electronic mail in addition to traditional 
mail.
     Add the Sulphur Institute's (TSI) ``Molten Sulphur Rail 
Tank Car Guidance'' document to the list of informational materials not 
requiring incorporation by reference in Sec.  171.7 (Responds to 
petition for rulemaking P-1581).
     Revise the Sec.  172.101 Hazardous Materials Table (HMT) 
to correct an error in the transportation requirements for entries 
listed under the proper shipping name, ``Hydrazine Dicarbonic Acid 
Diazide.''
     Revise the Sec.  172.101 HMT to remove the entry for 
``Zinc ethyl, see Diethylzinc'' which was superseded by proper shipping 
names adopted in a previous rulemaking.
     Revise special provision 138 in Sec.  172.102 to clarify 
the lead solubility calculation utilized for classification of material 
as a Marine Pollutant.
     Remove references to special provisions B72 and B74 in 
Sec.  172.102. These special provisions were removed in a previous 
rulemaking; however, twelve entries in the Sec.  172.101 HMT still 
contain references to these special provisions.
     Revise the shipping paper requirements in Sec.  172.203(e) 
to permit the phrase ``Residue last contained'' to be placed before or 
after the basic shipping description sequence, or for rail shipments, 
directly preceding the proper shipping name in the basic shipping 
description sequence.
     Update the training recordkeeping requirements in Sec.  
172.704 to specify that a hazardous materials (hazmat) employer must 
make hazmat employee training records available upon request, at a 
reasonable time and location, to an authorized official of the 
Department of Transportation or the Department of Homeland Security.
     Clarify that the material of trade exception in Sec.  
173.6 may be used when transporting Division 2.1 and 2.2 gases in Dewar 
flasks.
     Clarify the lab pack provisions in Sec.  173.12 pertaining 
to temperature-controlled materials contained in a lab pack.
     Clarify the exceptions for external emergency self-closing 
valves on cargo tank motor vehicles (CTMVs) in Sec.  173.33(g) to 
specify that external emergency self-closing valves on MC 338 cargo 
tanks containing cryogenic liquids may remain open during 
transportation.
     Correct an inadvertent deletion of the Sec.  173.62 
packaging requirements for explosives.
     Incorporate special permit DOT SP-13556 into Sec.  
173.134, to authorize the transportation by motor vehicle of certain 
regulated medical wastes, designated as sharps, in non-DOT 
specification containers fitted into wheeled racks.
     Revise the requirements for cargo air transport of 
alcoholic beverages Sec.  173.150 to harmonize with the International 
Civil Aviation Organization's (ICAO) Technical Instructions (TI).
     Clarify the exceptions in Sec.  173.159a for non-spillable 
batteries secured to skids or pallets.
     Revise Sec.  178.2(c) to clarify the applicability of the 
notification requirements for packages containing residues.
     Clarify the inspection record requirements in Sec.  
180.416 for discharge systems of cargo tanks transporting liquefied 
compressed gases.
     Clarify the requirements for the Flame Penetration 
Resistance test required for chemical oxygen generators and certain 
compressed gases in Appendix E to Part 178.

II. Section-by-Section Review

Part 105

Section 105.40
    This section provides the requirements for designated agents for 
non-residents. In specific instances, such as the approval of fireworks 
manufactured by a foreign entity, the HMR require non-residents of the 
United States who perform hazmat operations within the United States to 
designate a permanent resident of the United States to act as an agent 
and receive documents on behalf of the non-

[[Page 24887]]

resident. As specified in the HMR, non-residents of the United States 
must prepare a designation notification and file it with PHMSA in 
accordance with Sec.  105.40.
    Currently, the HMR only permits designated agent notification 
documents to be mailed to the Approvals and Permits Division, Pipeline 
and Hazardous Materials Safety Administration, Attn: PHH-30, U.S. 
Department of Transportation, East Building, 1200 New Jersey Avenue 
SE., Washington, DC 20590-0001, as specified in Sec.  105.40(d). 
Revising this requirement to allow an agent designation to be 
transmitted by electronic mail would provide greater regulatory 
flexibility and align the submission of these documents with the 
procedures currently in place for the submission of other documents 
required by PHMSA.
    In this NPRM, PHMSA is proposing to amend Sec.  105.40(d) to permit 
agent designations to be submitted by electronic mail to the special 
permits or approvals office, as appropriate. The option to submit a 
completed agent designation to the Approvals and Permits Division by 
mail would remain unchanged.

Part 171

Section 171.7
    The National Technology Transfer and Advancement Act of 1995 (15 
U.S.C. 272) directs agencies to use voluntary consensus standards in 
lieu of government-unique standards except where inconsistent with law 
or otherwise impractical. Section 171.7 lists all standards 
incorporated by reference into the HMR and informational materials not 
requiring incorporation by reference. The informational materials not 
requiring incorporation by reference are noted throughout the HMR and 
provide best practices and additional safety measures that while not 
mandatory, may enhance safety and compliance.
    The Sulphur Institute (TSI) represents the sulphur industry in the 
United States on a variety of issues including the safe transportation 
of sulphur in commerce. TSI submitted petition P-1581 requesting that 
PHMSA incorporate by reference TSI's ``Molten Sulphur Tank Rail Car 
Guidance Document.'' TSI also requested that we amend Sec.  
173.24(b)(4) to add the sentence ``Dried residue of molten sulfur on 
tank cars shall meet the `Molten Sulphur Rail Car Guidance Document' 
incorporated by reference in Sec.  171.7.'' TSI recognizes that molten 
sulphur rail tank cars with formed, solid sulphur obscuring tank car 
markings, labels, and stencils can present a safety risk. Furthermore, 
markings and labels with diminished visibility due to molten sulphur 
residue present an obstacle to not only those responsible for the safe 
handling of these rail tank cars, but also to first responders who rely 
on rapid and accurate identification of a material through hazard 
communication markings in the event of an accident or incident. 
Further, the presence of an excessive amount of formed, solid sulphur 
on molten sulphur tank car safety appliances may also lead to decreased 
effectiveness of safety equipment. To address these issues, TSI has 
created a document entitled ``Molten Sulphur Rail Tank Car Guidance'' 
which provides best practices for the safe transport of molten sulphur 
in rail tank cars.
    In this rulemaking, PHMSA proposes to adopt ``Molten Sulphur Rail 
Tank Car Guidance'' in the list of informational materials not 
requiring incorporation by reference in Sec.  171.7(b). The inclusion 
of this document as reference material in the HMR should provide rail 
shippers of molten sulfur with a greater situational awareness of safe 
transport conditions for this particular commodity and reduce rail 
incidents for this hazardous material. In addition, PHMSA proposes to 
revise the entries for ``Sulfur, Molten'' specified in the Sec.  
172.101 HMT to reference special provision ``R1'' and add special 
provision ``R1'' to the R codes specified in Sec.  172.102(c)(6). This 
new special provision will recommend the use of the Molten Sulphur Rail 
Tank Car Guidance document when transporting ``Sulfur, Molten'' 
residues by rail; however, it will not make its use mandatory. By 
referencing this document, we believe a greater level of safety may be 
achieved during the transportation of rail tanks cars which have held 
or currently hold molten sulfur.

Part 172

Section 172.101
    This section contains the HMT and explanatory text for each of the 
columns in the table. In this NPRM, PHMSA is proposing a number of 
revisions to the Sec.  172.101 HMT, and the special provisions 
specified in Sec.  172.102 to clarify the regulations and correct 
inadvertent errors. Proposed changes to the Sec.  172.101 HMT will 
appear as an, ``add,'' ``remove,'' or ``revise,'' and include the 
following:
     Hydrazine dicarbonic acid diazide
     Zinc ethyl, see Diethylzinc
     Hydrazine dicarbonic acid diazide
     UN3469 Paint related material, flammable, corrosive 
(including paint thinning or reducing compound)
     UN2484 tert-Butyl isocyanate
     NA2927 Ethyl phosphonothioic dichloride, anhydrous
     NA2845 Ethyl phosphonous dichloride, anhydrous pyrophoric 
liquid
     NA2927 Ethyl phosphorodichloridate
     NA2845 Methyl phosphonous dichloride, pyrophoric liquid
     UN1831 Sulfuric acid, fuming with 30 percent or more free 
sulfur trioxide
     NA2448 Sulfur, molten
     UN2448 Sulfur, molten
     UN3492 Toxic by inhalation liquid, corrosive, flammable, 
n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m3 and 
saturated vapor concentration greater than or equal to 500 LC50
     UN3493 Toxic by inhalation liquid, corrosive, flammable, 
n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m\3\ 
and saturated vapor concentration greater than or equal to 10 LC50
     UN3488 Toxic by inhalation liquid, flammable, corrosive, 
n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m\3\ 
and saturated vapor concentration greater than or equal to 500 LC50
     UN3489 Toxic by inhalation liquid, flammable, corrosive, 
n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m\3\ 
and saturated vapor concentration greater than or equal to 10 LC50
     UN3490 Toxic by inhalation liquid, water-reactive, 
flammable, n.o.s. with an inhalation toxicity lower than or equal to 
200 ml/m\3\ and saturated vapor concentration greater than or equal to 
500 LC50
     UN3491 Toxic by inhalation liquid, water-reactive, 
flammable, n.o.s. with an inhalation toxicity lower than or equal to 
1000 ml/m\3\ and saturated vapor concentration greater than or equal to 
10 LC50
    On January 28, 2008, PHMSA published a final rule under Docket 
Number PHMSA-2005-21812 (HM-218D) [73 FR 4699] entitled ``Hazardous 
Materials; Miscellaneous Amendments.'' In this final rule, one of the 
two duplicate entries in the Sec.  172.101 HMT for ``Hydrazine, aqueous 
solution, with more than 37% hydrazine, by mass'' was intended to be 
eliminated. Although one entry in the Sec.  172.101 HMT for 
``Hydrazine, aqueous solution, with more than 37% hydrazine, by mass'' 
was deleted, during the table revisions of this final rule, Columns 5 
through 10 for the

[[Page 24888]]

entries for ``Hydrazine, aqueous solution, with more than 37% 
Hydrazine, by mass'' Packing Groups II and III were inadvertently 
relocated below the entry ``Hydrazine dicarbonic acid diazide.'' 
``Hydrazine dicarbonic acid diazide'' should not have any entries in 
Columns 5 through 10 as it is forbidden for transport in the HMR. The 
appearance of these entries in the Sec.  172.101 HMT is confusing and 
could potentially lead to the mistaken belief that ``Hydrazine 
dicarbonic acid diazide'' is not a forbidden material, but, rather 
authorized for transport as a Packing Group II or III material. 
Therefore, in this NPRM, we are proposing to remove the Packing Group 
II and III entries for the proper shipping name, ``Hydrazine dicarbonic 
acid diazide'' in the Sec.  172.101 HMT.
    On January 14, 2009, PHMSA published a final rule under Docket 
Numbers PHMSA-2007-0065 (HM-224D) and PHMSA-2008-0005 (HM-215J) [74 FR 
220] entitled ``Hazardous Materials: Revision to Requirements for the 
Transportation of Batteries and Battery-Powered Devices; and 
Harmonization with the United Nations Recommendations, International 
Maritime Dangerous Goods Code, and International Civil Aviation 
Organization's Technical Instructions.'' Among other revisions, PHMSA 
removed various specific entries for organometallic compounds and 
substances in the Sec.  172.101 HMT because these entries were 
superseded by more appropriate generic entries. As part of these 
revisions, the entry for ``UN1366 Diethylzinc'' was removed from the 
Sec.  172.101 HMT. However, the entry for ``Zinc ethyl, see 
Diethylzinc'' was inadvertently overlooked.
    In this NPRM, we are proposing to remove the proper shipping name, 
``Zinc ethyl, see Diethylzinc'' since ``UN1366 Diethylzinc'' is no 
longer listed in the Sec.  172.101 HMT. Individuals offering ``Zinc 
ethyl'' should choose one of the more appropriate generic entries for 
organometallic compounds and substances added to the Sec.  172.101 HMT 
under the January 14, 2009 final rule.
    On January 13, 2009, PHMSA, in coordination with the Federal 
Railroad Administration (FRA), published a final rule under Docket 
Number FRA-2006-25169 [74 FR 1770], entitled ``Hazardous Materials: 
Improving the Safety of Railroad Tank Car Transportation of Hazardous 
Materials.'' Among other revisions, this final rule revised the HMR to 
improve the crashworthiness protection of railroad tank cars designed 
to transport poisonous inhalation hazard (PIH) materials. As part of 
this final rule, the Sec.  172.101 HMT and special provisions specified 
in Sec.  172.102 were amended to consolidate and update the special 
provisions applicable to the rail tank car transportation of PIH 
materials. The revisions to the Sec.  172.101 HMT were for ease of 
reference only and did not substantively change the requirements 
applicable to the transportation of PIH materials by railroad tank 
cars. Specifically, special provisions B71, B72, and B74 were removed 
from the Sec.  172.101 HMT and Sec.  172.102, while Sec.  172.244(a) 
was revised to incorporate the language from these eliminated special 
provisions. However, twelve additional references to special provisions 
B72, and B74 for selected entries in the Sec.  172.101 HMT were not 
removed at the time of publication of this final rule. Therefore, in 
this NPRM, PHMSA proposes to make the following amendments to the 
Column (7) special provisions of the Sec.  172.101 HMT:
    Special provision B72 is removed from Column (7) for the following 
entries:
    UN2484 tert-Butyl isocyanate;
    UN3492 Toxic by inhalation liquid, corrosive, flammable, n.o.s. 
with an inhalation toxicity lower than or equal to 200 ml/m\3\ and 
saturated vapor concentration greater than or equal to 500 LC50;
    UN3488 Toxic by inhalation liquid, flammable, corrosive, n.o.s. 
with an inhalation toxicity lower than or equal to 200 ml/m\3\ and 
saturated vapor concentration greater than or equal to 500 LC50; and
    UN3490 Toxic by inhalation liquid, water-reactive, flammable, 
n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m\3\ 
and saturated vapor concentration greater than or equal to 500 LC50.
    Special provision B74 is removed from Column (7) for the following 
entries:
    NA2927 Ethyl phosphonothioic dichloride, anhydrous;
    NA2845 Ethyl phosphonous dichloride, anhydrous pyrophoric liquid;
    NA2927 Ethyl phosphorodichloridate;
    NA2845 Methyl phosphonous dichloride, pyrophoric liquid;
    UN1831 Sulfuric acid, fuming with 30 percent or more free sulfur 
trioxide;
    UN3493 Toxic by inhalation liquid, corrosive, flammable, n.o.s. 
with an inhalation toxicity lower than or equal to 1000 ml/m\3\ and 
saturated vapor concentration greater than or equal to 10 LC50;
    UN3489 Toxic by inhalation liquid, flammable, corrosive, n.o.s. 
with an inhalation toxicity lower than or equal to 1000 ml/m\3\ and 
saturated vapor concentration greater than or equal to 10 LC50; and
    UN3491 Toxic by inhalation liquid, water-reactive, flammable, 
n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m\3\ 
and saturated vapor concentration greater than or equal to 10 LC50.
    In addition, as discussed above, PHMSA proposes to revise the 
entries for ``Sulfur, Molten'' specified in the Sec.  172.101 HMT to 
reference special provision ``R1.''
Section 172.102
    This section contains the special provisions listed in column (7) 
of the Sec.  172.101 HMT. These special provisions contain packaging 
provisions, prohibitions, exceptions from requirements for particular 
quantities or forms of materials, and requirements or prohibitions 
applicable to specific modes of transportation. In this NPRM, PHMSA is 
proposing revisions to the special provisions specified in Sec.  
172.102 to clarify the regulations and correct inadvertent errors.
    As discussed above, PHMSA proposes to add special provision ``R1'' 
to the R codes specified in Sec.  172.102(c)(6). This new special 
provision will reference the ``Molten Sulphur Rail Tank Car Guidance'' 
document as a resource for best practices for the cleaning of tank cars 
containing ``Sulfur, Molten.'' By referencing this document, we believe 
a greater level of safety can be achieved when transporting rail tanks 
cars which have held or currently hold molten sulfur.
    In this rulemaking, we propose to revise special provision 138 to 
harmonize the HMR with the International Maritime Dangerous Goods 
(IMDG) code and to clarify that the solubility calculation provided in 
special provision 138 should be applied when determining when to 
utilize the lead compounds, soluble n.o.s. entry in the List of Marine 
Pollutants found in Sec.  172.101, Appendix B.
    The defining criteria for the solubility of a lead compound is 
specified in special provision 138 in Sec.  172.102(c)(1). Special 
provision 138 specifies that a lead compound is soluble when it 
exhibits a solubility greater than 5 percent after being mixed with a 
0.07 M (molar concentration) of hydrochloric acid and is stirred for 
one hour. If the material exhibits a solubility of 5 percent or less 
after the test is completed, it is considered insoluble and not subject 
to the HMR. The IMDG Code identifies ``Lead compounds, soluble, 
n.o.s.,'' in Columns 4 and 6 of

[[Page 24889]]

the Dangerous Goods List (DGL; Chapter 3.2) as a marine pollutant, and 
simultaneously refers to the definition for the solubility of lead 
compounds under Chapter 3.3.1, special provision 199.
    On March 5, 1999, the Research and Special Programs Administration 
(RSPA), the predecessor agency to PHMSA, published a final rule under 
Docket Number RSPA-98-4185 (HM-215C) [64 FR 10741], entitled 
``Harmonization with the United Nations Recommendations, International 
Maritime Dangerous Goods Code, and International Civil Aviation 
Organization's Technical Instructions.'' In HM-215C, when PHMSA 
incorporated the IMDG code's definition for ``Lead compounds, soluble, 
n.o.s.,'' in special provision 138 into the HMR, our intent was to 
mirror special provision 199 of the IMDG code and to permit the 
definition provided in this special provision to apply to both the 
``lead compounds, soluble n.o.s.'' entry in the Sec.  172.101 HMT and 
the entry in the List of marine pollutants in Sec.  172.101, Appendix 
B. However, as adopted in the HMR, special provision 138 is unclear 
with regard to whether this criteria applies to marine pollutants.
    On December 29, 2006, PHMSA published a final rule under Docket 
Number PHMSA-2006-25476 (HM-215I) [71 FR 78596], entitled 
``Harmonization with the United Nations Recommendations, International 
Maritime Dangerous Goods Code, and International Civil Aviation 
Organization's Technical Instructions.'' The HM-215I final rule revised 
the HMR to maintain alignment with international standards by 
incorporating various amendments, including changes to proper shipping 
names, hazard classes, packing groups, special provisions, packaging 
authorizations, air transport quantity limitations, and vessel stowage 
requirements. These revisions also harmonized the HMR with certain 
changes to the IMDG Code, the ICAO Technical Instructions, and the 
United Nations (UN) Recommendations. As part of the revisions in that 
final rule, new entries, ``UN3469, Paint related material, flammable, 
corrosive (including paint thinning or reducing compound),'' PG II, and 
PG III were added to the Sec.  172.101 HMT. However, these entries were 
never published in subsequent versions of the HMR. Therefore, in this 
NPRM, we are proposing to add the entries for ``Paint related material, 
flammable, corrosive (including paint thinning or reducing compound)'' 
UN3469, PG II, and PG III.
Section 172.203
    Section 172.202 specifies the requirements that a shipping 
description of a hazardous material must be indicated on a shipping 
paper. On December 29, 2006, PHMSA published a final rule under PHMSA-
06-25476 (HM-215I) [71 FR 78595] that permitted the continued use for 
domestic shipments of either one of two shipping description sequences 
in effect in the HMR on December 31, 2006, until January 1, 2013. 
Specifically, the HMR authorizes the basic description of a hazardous 
material to consist of either the identification number first, followed 
by the proper shipping name, hazard class, and packing group, or as an 
alternative description sequence, the proper shipping name, hazard 
class, ID number and packing group. In addition, the basic description 
described above and specified in paragraphs Sec.  172.202(a)(1)-(4) 
must be shown in the sequences described with no additional information 
interspersed. After January 1, 2013, only the basic shipping 
description sequence consisting of the identification number first, 
followed by the proper shipping name, hazard class, and packing group 
(in that order) is authorized.
    However, Sec.  172.203 provides allowances for a shipping paper to 
contain information in addition to the basic shipping description 
specified in Sec.  172.202. Specifically, Sec.  172.203(e)(1) permits 
that the shipping paper for a packaging containing the residue of a 
hazardous material may include the words ``RESIDUE: LAST CONTAINED * * 
*'' in association with the basic description of the hazardous material 
last contained in the packaging. Further, the shipping papers for tank 
cars containing the residue of a hazardous material must include the 
phrase, ``RESIDUE: LAST CONTAINED * * *'' before the basic description. 
While the HMR provides such a general provision, various international 
standards provide more specific guidance on the location of this 
phrase. Currently the ICAO TI, IMDG Code, and UN Model Regulations 
require this phrase, if used, to be placed either before or after the 
basic shipping description.
    In this NPRM, PHMSA proposes to revise Sec.  172.203(e)(1) to 
permit the shipping paper for a packaging containing the residue of a 
hazardous material to include the words ``RESIDUE: LAST CONTAINED * * 
*'' before or after the basic shipping description of the hazardous 
material last contained in the packaging. PHMSA also proposes to remove 
the language ``in association with'' and replace it with the language 
``before or after'' to align with various international standards. This 
proposed revision harmonizes the HMR with the ICAO TI, IMDG Code and UN 
Model Regulations.
    For rail shipments of tank cars, Sec.  172.203(e)(2) requires that 
the description on the shipping paper for a tank car containing the 
residue of a hazardous material must include the phrase, ``RESIDUE: 
LAST CONTAINED * * *'' before the basic description. Prior to the 
publication of the HM-215I final rule, the proper shipping name was the 
first piece of information required in the basic shipping description, 
and therefore, the phrase, ``RESIDUE: LAST CONTAINED * * *'' preceded 
the proper shipping name.
    Effective January 1, 2013, rail shipments coming from Canada to the 
United States will be unable to comply with both the current 
requirements in the HMR for rail tank cars and the Transportation of 
Dangerous Goods (TDG) requirements. As stated above, after January 1, 
2013, the proper shipping name will no longer be permitted to be the 
first piece of shipping information in the basic shipping description. 
Subsequently, the phrase, ``RESIDUE: LAST CONTAINED * * *'' will no 
longer immediately precede the proper shipping name. Furthermore the 
phrase, ``RESIDUE: LAST CONTAINED * * *'' may not be inserted into the 
basic description, as Sec.  172.202(b) specifies the basic shipping 
description may not contain any additional information interspersed in 
the sequence described in Sec.  172.202(a). Canada's TDG regulations 
currently permit a residue of hazardous material to be described as 
``Residue--Last Contained'' or ``R[eacute]sidu--dernier contenu,'' 
followed by the shipping name of the dangerous goods last contained in 
the means of containment.
    Therefore, in this NPRM, PHMSA proposes to revise Sec.  
172.203(e)(2) to require the description on the shipping paper for a 
tank car containing the residue of a hazardous material to include the 
phrase, ``RESIDUE: LAST CONTAINED * * *'' before or after the basic 
shipping description, or immediately preceding the proper shipping 
name. This change maintains the HMR's harmonization with the ICAO TI, 
IMDG Code and UN Model Regulations while permitting shipments 
transported to, from or within the United States to remain in 
compliance with the Canadian TDG shipping paper requirements. This 
revision will foster commerce between rail systems in the United States 
and Canada.

[[Page 24890]]

Section 172.704
    The requirements for hazardous materials training are specified in 
Sec.  172.704. This section includes a description of the applicability 
for hazardous materials training, the necessary components of a 
training program, and the recurrent training and recordkeeping 
requirements.
    Currently, 49 CFR Part 172, Subpart I describes the requirements 
for security plans. Specifically, Sec. Sec.  172.802(d) and 
172.820(i)(1) require that a copy of the security plan must be 
maintained and that security plan documentation be made available upon 
request, at a reasonable time and location, to an authorized official 
of the Department of Transportation (DOT) or the Department of Homeland 
Security (DHS).
    Similar to the security plan requirements, the training 
requirements include a recordkeeping component. Specifically, as 
specified in Sec.  172.704(d), a record of current training, inclusive 
of the preceding three years, must be created and retained by each 
hazmat employer for as long as that employee is employed by that 
employer as a hazmat employee and for 90 days thereafter. However, 
unlike the security plan documentation, the HMR currently do not 
stipulate that the training records must be made available upon request 
to authorized officials of the DOT or DHS.
    The Federal hazardous materials transportation law (Federal hazmat 
law, 49 U.S.C. 5101 et seq.) authorizes the Secretary of Transportation 
to prescribe regulations for the safe transportation of hazardous 
material in intrastate, interstate, and foreign commerce. The Secretary 
has delegated this authority to PHMSA. Authority to enforce the HMR has 
been delegated to the Federal Aviation Administration ``with particular 
emphasis on the transportation or shipment of hazardous materials by 
air;'' the Federal Railroad Administration ``with particular emphasis 
on the transportation or shipment of hazardous materials by railroad;'' 
PHMSA ``with particular emphasis on the shipment of hazardous materials 
and the manufacture, fabrication, marking, maintenance, reconditioning, 
repair or test of multi-modal containers that are represented, marked, 
certified, or sold for use in the transportation of hazardous 
materials;'' and the Federal Motor Carrier Safety Administration ``with 
particular emphasis on the transportation or shipment of hazardous 
materials by highway'' (CFR part 1, subpart C). In addition, as 
provided in the Homeland Security Act and as defined in a Memorandum of 
Agreement between the DHS and the DOT, the United States Coast Guard 
retained the ability to enforce the HMR with particular emphasis on the 
transportation or shipment of hazardous materials by vessel. Thus, 
enforcement of the HMR, including the training regulations, is shared 
among the DOT operating administrations, United States Coast Guard and 
DHS, with each placing particular emphasis on their respective 
authorities.
    Federal hazmat law, 49 U.S.C. 5121(b)(2), states that a person 
subject to this law shall make the records, property, reports, and 
information available for inspection when the Secretary undertakes an 
investigation or makes a request. The completion of training in 
accordance with Subpart H of Part 172 is essential for hazmat employees 
handling hazardous materials and ensures proper compliance with the HMR 
resulting in a greater level of safety. The recordkeeping requirements 
specified in Sec.  172.704(d) allow for hazmat employers and PHMSA 
personnel to verify that only individuals knowledgeable in the 
applicable regulations are handling hazardous materials.
    In an effort to foster greater compliance with the training 
requirements specified in Subpart H of Part 172, in this rulemaking we 
are proposing to revise Sec.  172.704(d) to require that an employer 
must make hazmat employee training records required by Subpart H of 
Part 172 available upon request, at a reasonable time and location, to 
an authorized official of DOT or DHS.

Part 173

Section 173.6
    Section 173.6 specifies the exceptions for shipments of materials 
of trade. A material of trade, is defined in Sec.  171.8 as ``a 
hazardous material, other than a hazardous waste, that is carried on a 
motor vehicle for the purpose of protecting the health and safety of 
the motor vehicle operator or passengers; for the purpose of supporting 
the operation or maintenance of a motor vehicle (including its 
auxiliary equipment); or by a private motor carrier (including vehicles 
operated by a rail carrier) in direct support of a principal business 
that is other than transportation by motor vehicle.'' Section 173.6 
authorizes only specific hazard classes and quantities to utilize the 
materials of trade exception. A hazardous material that meets the 
definition of a material of trade and is transported by motor vehicle 
in conformance with Sec.  173.6 is not subject to any other 
requirements of the HMR except for those explicitly set forth or 
referenced in Sec.  173.6.
    PHMSA recently received a request for a formal letter of 
interpretation pertaining to the application of the materials of trade 
exception (Reference No.: 10-0101). The letter expressed confusion and 
concern regarding whether the exception would apply to Division 2.1 and 
Division 2.2 compressed gas transported in Dewar flasks. Dewar flasks 
are not considered cylinders but are often used to transport Division 
2.2 cryogenic liquids. Currently, Sec.  173.6(a)(2) states that a 
Division 2.1 or 2.2 material in a cylinder with a gross weight not over 
100 kg (220 pounds), may be transported as a material of trade provided 
it meets the definition of a material of trade specified in Sec.  171.8 
and all other requirements of Sec.  173.6. As noted in PHMSA's response 
to this letter, Dewar flasks are permitted to utilize the exception 
specified in Sec.  173.6 provided they meet all the requirements of 
that section. PHMSA did not intend to limit the materials of trade 
exception solely to Division 2.1 or 2.2 materials packaged in 
cylinders.
    PHMSA acknowledges that this requirement needs additional 
clarification, and believes that increased clarity will help to ensure 
the proper intended application of the materials of trade exception. 
Therefore, in this NPRM, we are proposing to modify Sec.  173.6(a)(2) 
to clarify that Dewar flasks may be transported as materials of trade 
provided these materials meet all the requirements specified in Sec.  
173.6.
Section 173.12
    Section 173.12 specifies the exceptions for shipment of waste 
materials including the requirements for waste packages known as ``lab 
packs.'' A lab pack, although not specifically defined in Sec.  171.8, 
is considered a large outer packaging containing small inner packagings 
that are filled with various compatible laboratory hazardous wastes. In 
accordance with Sec.  173.12, a lab pack is a combination packaging 
consisting of a glass inner packaging, not exceeding 4 L (1 gallon) 
rated capacity, or a metal or plastic inner packaging, not exceeding 20 
L (5.3 gallons) rated capacity. Inner packagings containing liquid must 
be surrounded by a chemically-compatible absorbent material in 
sufficient quantity to absorb the total liquid contents. These inner 
packagings are then further packed in specification outer packaging and 
the completed package must not exceed a gross weight of 205 kilograms. 
The requirements and regulatory relief

[[Page 24891]]

provided for the transportation of waste hazardous materials under the 
lab pack exception are specified in Sec.  173.12(b) of the HMR.
    The requirements for lab packs were adopted in a final rule 
published under Docket Number HM-181 entitled, ``Performance Oriented 
Packaging Standards; Changes to Classification, Hazard Communication, 
Packaging and Handling Requirements Based on UN Standards and Agency 
Initiative'' and published on December 21, 1990 [55 FR 52402]. These 
requirements were adopted to align the HMR with regulations on lab 
packs issued by the Environmental Protection Agency.
    The lab packing section was recently amended in a final rule 
published on May 14, 2010, in the Federal Register under Docket Number 
PHMSA-2009-0289 (HM-233A) [74 FR 53413] entitled, ``Hazardous 
Materials: Incorporation of Special Permits into Regulations.'' As part 
of these amendments, certain widely-used and longstanding special 
permits that had an established safety record were incorporated into 
the HMR. Special Permit DOT SP-13192 was among these special permits, 
and it authorized the transport of additional hazardous materials not 
previously authorized for transport under Sec.  173.12. Specifically, 
the incorporation of this special permit authorized the transport of 
waste Division 4.2, Packing Group (PG) I material and Division 5.2 
(organic peroxide) material in lab packs.
    PHMSA recently received a request for a formal letter of 
interpretation pertaining to the recent changes of the lab pack 
exception (Reference No.: 10-0233). The writer expressed confusion and 
concern regarding whether the amendments of the HM-233A final rule 
authorized the transportation, as lab packs, of Division 4.1 and 
Division 5.2 materials that were also required to be temperature-
controlled. PHMSA explained that Sec.  173.12(b) permits certain waste 
materials to be placed in non-specification packagings which conform to 
the requirements of that section. Furthermore, hazardous materials 
placed in lab packs are also subject to additional safety control 
measures designed to mitigate the risks presented by these materials, 
such as quantity limitations, additional packaging, and segregation 
requirements. However, these control measures do not eliminate the 
requirement that lab packs containing materials required to be 
temperature-controlled must also comply with temperature-control 
requirements specified in Sec.  173.21(f)(1).
    PHMSA acknowledges that this requirement needs additional 
clarification, and believes that increased clarity will help to ensure 
that individuals transporting lab packs containing temperature-
controlled materials are aware that such packagings are not excepted 
from other safety measures. Therefore, in this NPRM, we are proposing 
to modify Sec.  173.12 to clarify that temperature-controlled materials 
may be transported in lab packs provided these materials also meet the 
requirements in Sec.  173.21(f)(1).
Section 173.33
    Section 173.33 provides the requirements for hazardous materials 
transported in Cargo Tank Motor Vehicles (CTMVs). This section includes 
general requirements for CTMVs, as well as more specific requirements 
for loading, maximum lading pressure, relief systems, and closing 
valves.
    Section 173.33(g) requires each liquid filling and liquid discharge 
line in a specification MC 338 cargo tank must be provided with a 
remotely-controlled internal self-closing stop valve except when the MC 
338 cargo tank is used to transport argon, carbon dioxide, helium, 
krypton, neon, nitrogen, and xenon.
    The discharge control device requirements for a MC 338 cargo tank 
are found in Sec.  178.338-11(b) and state that each liquid filling and 
liquid discharge line must be provided with a shut-off valve located as 
close to the tank as practicable and, unless the valve is manually 
operable at the valve, the line must also have a manual shut-off valve.
    PHMSA received a request for a formal letter of interpretation 
regarding the current requirements for MC 338 cargo tanks (Reference 
No.: 06-0243). According to the request, most vacuum insulated MC 338 
cargo tanks operate at temperatures below the reliable operating 
temperature of available internal self-closing stop valves, and 
currently no manufacturer builds an internal self-closing stop valve 
that will operate reliably at temperatures that may reach minus 
452[emsp14] [deg]F. The requestor asked if a MC 338 cargo tank is 
required to have a remotely-controlled internal self-closing stop valve 
as specified in Sec.  173.33(g), provided an external stop valve is 
present in accordance with Sec.  178.338-11(b).
    PHMSA does not intend to require a remotely-controlled internal 
self-closing stop valve if the MC 338 cargo tank already utilizes an 
external self-closing stop valve to meet the requirements in Sec.  
178.338-11(b). Therefore, in this rulemaking, we are proposing to 
revise the provisions in Sec.  173.33(g) to clarify this exception.
Section 173.62
    Section 173.62 specifies packaging requirements for explosives. 
Specifically, Sec.  173.62 provides a table that specifies the 
packaging instructions, and corresponding authorized inner, 
intermediate and outer packagings based on the assigned identification 
number of the explosive.
    In a final rule published on September 13, 2011, under Docket 
Number PHMSA-2011-0134 (HM-244D) [76 FR 56304], entitled ``Minor 
Editorial Corrections and Clarifications,'' PHMSA revised Sec.  
173.63(c)(5) packaging instruction 130 to authorize the use of aluminum 
boxes (4B) and natural wood, sift-proof walls boxes (4C2). However, the 
following language was inadvertently removed from the first column of 
the packing instruction:

    2. Subject to approval by the Associate Administrator, large 
explosive articles, as part of their operational safety and 
suitability tests, subjected to testing that meets the intentions of 
Test Series 4 of the UN Manual of Tests and Criteria with successful 
test results, may be offered for transportation in accordance with 
the requirements of this subchapter.''

    PHMSA did not intend to remove this portion of the packaging 
instruction and unnecessarily limit the transport of large explosive 
articles. Therefore, in this NPRM, PHMSA is proposing to revise Sec.  
173.63(c)(5) packing instruction 130 to reinstate the language 
inadvertently removed from the first column of packing instruction 130.
Section 173.134
    Section 173.134 provides definitions and exceptions for infectious 
substances. Paragraph (c)(2) of this section requires a Regulated 
Medical Waste (RMW) that contains Category B cultures and stocks to be 
transported on a vehicle ``used exclusively'' to transport RMW. A 
Category B substance is defined as ``an infectious substance that is 
not in a form generally capable of causing permanent disability or 
life-threatening or fatal disease in otherwise healthy humans or 
animals when exposure to it occurs.''
    As amended on July 20, 2011, in a final rule published under Docket 
Number PHMSA-2009-0151 (HM-218F) [76 FR 43510], entitled 
``Miscellaneous Amendments,'' PHMSA revised Sec.  173.134(c)(2) to 
incorporate the clarifications from a March 19, 2007 letter of 
interpretation (Ref. No. 07- 0057). Specifically, PHMSA specified that 
the following materials may be

[[Page 24892]]

transported on a vehicle used exclusively to transport RMW: (1) Plant 
and animal waste regulated by the Animal and Plant Health Inspection 
Service (APHIS); (2) waste pharmaceutical materials; (3) laboratory and 
recyclable wastes; (4) infectious substances that have been treated to 
eliminate or neutralize pathogens; (5) forensic materials being 
transported for final destruction; (6) rejected or recalled health care 
products; and (7) documents intended for destruction in accordance with 
Health Insurance Portability and Accountability Act of 1996 (HIPAA) 
requirements.
    In response to the proposals in the HM-218F Notice of Proposed 
Rulemaking, Stericycle commented that the rationale underlying PHMSA's 
decision to authorize the transportation of multiple waste streams from 
medical facilities should also apply to other regulated activities, 
specifically to those covered under special permit DOT SP-13556, which 
authorizes the transportation of sharps in specialized containers. At 
the time of the July 20, 2011 final rule, PHMSA determined that 
incorporating special permit DOT SP- 13556 into the HMR was beyond the 
scope of that rulemaking, but this issue would be addressed in a future 
NPRM. We are addressing the issue in this rulemaking. Therefore, in 
this NPRM, PHMSA is proposing to revise Sec.  173.134(c)(2) to 
incorporate special permit DOT SP-13556 relating to the transport of 
regulated medical waste into the HMR.
    Specifically, PHMSA is proposing to add the phrase ``sharps 
containers containing sharps'' to Sec.  173.134(c)(2) to permit certain 
materials to be transported on a vehicle used exclusively to transport 
RMW. PHMSA is also proposing to include certain operational controls 
for shipments of sharps containers that are detailed in special permit 
DOT SP-13556.
Section 173.150
    Section 173.150 provides exceptions from the HMR for certain Class 
3 flammable liquid material. Specifically, Sec.  173.150(d) provides 
exceptions for alcoholic beverages for all modes of transport. An 
alcoholic beverage (as defined in 27 CFR Sec. Sec.  4.10 and 5.11) that 
meets one of three conditions specified in Sec.  173.150(d) is not 
subject to the requirements of the HMR for a Class 3 flammable liquid 
material.
    Currently, the ICAO Technical Instructions (TI) provide exceptions 
for alcoholic beverages transported via aircraft in Chapter 3; 3.1.1, 
Table 3-2, special provision A9 and Chapter 8; 8.1.2 paragraph (l). 
Specifically, Chapter 3; 3.1.1 states that alcoholic beverages 
containing not more than 70 percent alcohol by volume, when packaged in 
receptacles of 5 liters or less are not subject to the ICAO TI when 
carried by cargo aircraft. In addition, as specified in Chapter 8; 
1.1.2 paragraph (l) of the ICAO TI, alcohol beverages with less than 24 
percent alcohol by volume or alcohol beverages in retail packaging and 
alcoholic beverages containing more than 24 percent but not more than 
70 percent alcohol by volume in receptacles not exceeding 5 liters are 
permitted to be carried by passengers or crew in carry-on or checked 
luggage and are not otherwise subject to the ICAO TI.
    Generally, the HMR is harmonized with the ICAO TI with regard to 
the exceptions provided for alcoholic beverages shipped by passenger 
carrying and cargo aircraft. However, for cargo aircraft, the HMR does 
not align with the ICAO TI. For example, as specified in Sec.  
173.150(d), the HMR excepts alcoholic beverages in an inner packaging 
of 5 L (1.3 gallons) or less from regulation regardless of the alcohol 
percent on cargo aircraft. In contrast, the ICAO TI limits this 
exception to alcoholic beverages not exceeding 70 percent alcohol by 
volume. This lack of harmonization can lead to frustration of shipments 
of these types of materials in international air transport.
    Therefore, in this NPRM, we propose to revise the exceptions in 
Sec.  173.150(d) to harmonize the alcoholic beverages exception via 
aircraft with the requirements in the ICAO TI and to restructure the 
exceptions in Sec.  173.150(d) to provide clarity on the requirements 
for the transport of alcoholic beverages by each mode of transport 
including passenger carrying and cargo aircraft. Specifically, PHMSA 
proposes to revise Sec.  173.150(d) by separating the requirements for 
alcoholic beverages into two subparagraphs: one paragraph pertaining to 
the transport of alcoholic beverages via motor vehicle, rail, and 
vessel; and one paragraph pertaining to the transport of alcoholic 
beverages via air transport. We believe that separating the 
requirements for alcoholic beverages by mode promotes clarity and 
allows for the current requirements to remain in effect for motor 
vehicle, rail and vessel transport while fully harmonizing the air 
requirements in the HMR with the ICAO TI.
    PHMSA proposes to harmonize with the ICAO technical instructions by 
stipulating that for transport via cargo aircraft, in addition to the 
current 5 liter limitation in the HMR, the alcohol beverage must not 
exceed 70 percent alcohol by volume. In addition, we propose to move 
the requirements for the transport of alcoholic beverages by passenger 
carrying aircraft by passengers and crew into a standalone sub-
subparagraph to improve clarity.
    A cost may be incurred by the alcoholic beverage industry for 
certain high alcohol content (70 percent and up) beverages shipped by 
cargo aircraft which are currently excepted from the requirements of 
the HMR. However, PHMSA anticipates this cost to the alcoholic beverage 
industry will be minimized by three factors. First, due to the non-
perishable nature of alcoholic beverages, the vast majority of 
alcoholic beverages are transported by ground transport or, if required 
to be exported, by vessel transport. Second, the majority of alcohols 
and distilled spirits manufactured and transported have a percentage of 
alcoholic content of, at, or below 40 percent (80 proof). Thus the 
proposed change would affect only a small segment of high alcohol 
content liquors. Lastly, in the rare instances these beverages are 
shipped by air, many air carriers already require compliance with ICAO 
TI, thus the impact of this harmonization should be minimal. The 
derived benefit from this revision would be realized from increased 
harmonization with the ICAO TI and greater hazard communication and 
packaging standards on high content alcoholic beverages which pose a 
risk in transport. A summary of the proposed revisions to the 
requirements for alcoholic beverages can be seen in the table below.

------------------------------------------------------------------------
                         Current HMR    Current ICAO TI
                           alcohol          alcohol        Proposed HMR
                           beverage         beverage          change
                          exceptions       exceptions
------------------------------------------------------------------------
Highway..............  (1) Contains 24  N/A............  No change.
                        percent or                        Restructure
                        less alcohol                      the paragraph.
                        by volume.
                       (2) Is in an
                        inner
                        packaging of 5
                        L (1.3
                        gallons) or
                        less.

[[Page 24893]]

 
                       (3) Is a
                        Packing Group
                        III alcoholic
                        beverage in a
                        packaging of
                        250 L (66
                        gallons) or
                        less.
Rail.................  (1) Contains 24  N/A............  No change.
                        percent or                        Restructure
                        less alcohol                      the paragraph.
                        by volume.
                       (2) Is in an
                        inner
                        packaging of 5
                        L (1.3
                        gallons) or
                        less.
                       (3) Is a
                        Packing Group
                        III alcoholic
                        beverage in a
                        packaging of
                        250 L (66
                        gallons) or
                        less.
Vessel...............  (1) Contains 24  N/A............  No change.
                        percent or                        Restructure
                        less alcohol                      the paragraph.
                        by volume.
                       (2) Is in an
                        inner
                        packaging of 5
                        L (1.3
                        gallons) or
                        less.
                       (3) Is a
                        Packing Group
                        III alcoholic
                        beverage in a
                        packaging of
                        250 L (66
                        gallons) or
                        less.
Passenger Air........  (1) Contains 24  (1) Contains 24  No change.
                        percent or       percent or       Restructure
                        less alcohol     less alcohol     the paragraph.
                        by volume.       by volume.
                       (2) More than    (2) More than
                        24 percent and   24 percent and
                        not more than    not more than
                        70 percent       70 percent
                        alcohol by       alcohol by
                        volume when in   volume when in
                        unopened         unopened
                        retail           retail
                        packagings not   packagings not
                        exceeding 5      exceeding 5
                        liters (1.3      liters (1.3
                        gallons)         gallons)
                        carried in       carried in
                        carry-on or      carry-on or
                        checked          checked
                        baggage, with    baggage, with
                        a total net      a total net
                        quantity per     quantity per
                        person of 5      person of 5
                        liters (1.3)     liters (1.3)
                        gallons for      gallons for
                        such beverages.  such beverages.
Cargo Air............  (1) Contains 24  (1) Contains 24  An upper limit
                        percent or       percent or       of 70 percent
                        less alcohol     less alcohol     alcohol by
                        by volume.       by volume.       volume is
                       (2) Is in an     (2) Alcoholic     proposed to be
                        inner            beverages not    added to
                        packaging of 5   exceeding 70     alcoholic
                        L (1.3           percent          beverages
                        gallons) or      alcohol          shipped by
                        less..           content by       cargo aircraft
                                         volume when      to harmonize
                                         packaged in 5    with the ICAO
                                         liters or        requirements.
                                         less..
------------------------------------------------------------------------

Section 173.159a
    Section 173.159 specifies requirements for the transportation of 
wet batteries, including non-spillable batteries. Further exceptions 
for non-spillable batteries are specified in Sec.  173.159a. If certain 
transport conditions specified in Sec. Sec.  173.159 and 173.159a are 
met, such as specific packaging and securement requirements, non-
spillable batteries are excepted from the HMR.
    In a final rule published on January 14, 2009, under Docket Nos. 
PHMSA-2007-0065 (HM-224D) and PHMSA-2008-0005 (HM-215J) [74 FR 2200], 
entitled ``Hazardous Materials: Revision to Requirements for the 
Transportation of Batteries and Battery-Powered Devices; and 
Harmonization With the United Nations Recommendations, International 
Maritime Dangerous Goods Code, and International Civil Aviation 
Organization's Technical Instructions,'' PHMSA amended Sec.  173.159(f) 
to describe the conditions under which a battery is considered ``non-
spillable,'' and relocated the exceptions pertaining to non-spillable 
batteries from Sec. Sec.  173.159(d) and 173.159(f), to a new Sec.  
173.159a.
    However, when these exceptions were relocated, PHMSA inadvertently 
required that excepted non-spillable batteries must be securely 
packaged in strong outer packagings. This modification, in essence, 
prohibited excepted batteries from being palletized or placed on a 
skid. Therefore, in this NPRM, PHMSA is proposing to revise Sec.  
173.159a(c)(1) to except from the packaging requirements of Sec.  
173.159, non-spillable batteries that are secured to skids or pallets 
and capable of withstanding the shocks normally incident to 
transportation, provided the batteries meet the requirements of Sec.  
173.159(a) and are loaded or braced so as to prevent damage and short 
circuits in transit. Further, any other material loaded in the same 
vehicle must be blocked, braced, or otherwise secured to prevent 
contact with or damage to the batteries.

Part 177

Section 177.834
    Section 177.834 provides the general requirements for the loading 
and unloading of vehicles intended to transport hazardous materials via 
ground transportation. Paragraph (j) of this section requires CTMVs to 
be transported with all valves and other closures in liquid discharge 
systems to be closed and free of leaks unless transported in accordance 
with the requirements for empty packages specified in Sec.  
173.29(b)(2).
    The provision specified in Sec.  177.834(j) was added on May 30, 
1996, in a final rule published under Docket Number HM-222B [61 FR 
27166] to consolidate the closure requirements for cargo tanks 
transporting Class 3 (flammable liquid) materials, Class 8 (corrosive) 
materials, and Division 6.1 (poisonous) materials. This rule 
inadvertently overlooked the impact the closure requirement would have 
on MC 338 cargo tanks that transport cryogenic liquids. These tanks 
have external self-closing valves that are normally transported in an 
open position and are designed to close with a tremendous amount of 
force to ensure proper closure. Subsequently, these valves require a 
large amount of force and effort to open. As a result, the potential 
for physical injury to employee personnel is increased and the ability 
of the valve system to operate is potentially compromised as a result 
of repeated cycling (opening, closing, and testing).
    Therefore, in this NPRM, we propose to revise Sec.  177.834(j) to 
permit external emergency self-closing valves on MC 338 cargo tanks 
containing residues of cryogenic liquids to remain either open or 
closed during transit.

[[Page 24894]]

Part 178

Section 178.2
    Section 178.2 specifies the responsibilities of the manufacturer or 
other person certifying compliance with the specification packaging 
requirements of Part 178. As part of these requirements, the 
manufacturer or other person certifying compliance with the 
requirements of Part 178 must provide both notification to each person 
to whom a packaging is transferred of all requirements in Part 178 not 
met at the time of transfer, and closure requirements for the 
packaging. These closure requirements include 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.
    A package, as defined in Sec.  171.8, ``means a packaging plus its 
contents.'' Ensuring that a package is closed in a manner which 
precludes the release of a hazardous material is essential to safe 
transportation, regardless of whether the package is completely filled 
or contains only residue. In accordance with Sec.  173.29, an empty 
packaging containing only the residue of a hazardous material must be 
offered for transportation and transported in the same manner as when 
it previously contained a greater quantity of that hazardous material. 
This includes properly closing the packaging for transportation and 
providing closure notification requirements to each person whom a 
packaging is transferred in accordance with Sec.  178.2(c).
    In April 2006, PHMSA received a request (Reference No.: 06-0123) 
seeking clarification of the closure notification requirements 
specified in Sec.  178.2(c) for packages containing residues. In 
response, we indicated that packages containing residues must meet the 
notification requirements of Sec.  178.2(c) and that we would clarify 
this issue in a future rulemaking.
    In this rulemaking, PHMSA is addressing this issue by proposing to 
revise Sec.  178.2(c) to clarify that the notification requirements 
apply to packagings containing a residue of a hazardous materials 
unless these packagings of hazardous materials meet the exceptions 
provided in Sec.  173.29(b). This clarification will ensure packages 
containing residues are properly closed and increase compliance with 
the intent of this regulation. This increased compliance should also 
result in fewer packages being improperly closed, and thereby reduce 
the potential for leaks in transportation.
    Certain CTMVs require as part of their specification both a CTMV 
manufacturer's data report and a certificate stating that the completed 
cargo tank motor vehicle conforms in all respects to the appropriate 
specification and the American Society of Mechanical Engineers (ASME) 
Code. Section 178.2(c) currently excepts CTMVs which require a 
manufacturer's data report and certificate from the notification 
requirements. Specifically, Sec.  178.2(c) states that CTMV's in 
compliance with Sec. Sec.  178.337-18 and 178.345-10 are excepted from 
the notification requirements specified in Sec.  178.2(c). The current 
reference to Sec.  178.345-10 in paragraph Sec.  178.2 (c) refers to 
pressure relief, not the CTMV manufacturer's data report and 
certificates for DOT 406, 407 and 412 (CTMVs), and is in error. The 
correct citation should read Sec.  178.345-15, which refers to the 
manufacturer's data report and certification of DOT 406, 407 and 412 
CTMVs. In addition, it was brought to PHMSA's attention that a 
reference to a MC 338 cargo tank manufacturer's data report certificate 
in Sec.  178.338-19 is missing in Sec.  178.2(c).
    We agree and believe that a reference to a MC 338 cargo tank 
manufacturer's data report certificate would be appropriate in Sec.  
178.2(c). Therefore, in this rulemaking, we propose to correct these 
errors and omissions by replacing the reference to Sec.  178.345-10 
with Sec.  178.345-15 and adding a reference to Sec.  178.338-19.
Appendix E to Part 178
    Appendix E to Part 178 describes the Flame Penetration Resistance 
Test referenced throughout the HMR with regard to the outer packaging 
for chemical oxygen generators and cylinders containing compressed 
oxygen. This appendix specifies requirements for the Flame Penetration 
Resistance Test and includes criteria for acceptance of a passing test 
result, a summary of the test method and procedure, details on the 
preparation of test specimens, and construction and calibration 
specifications for the test equipment.
    On January 31, 2007, PHMSA published a final rule under docket 
number RSPA-04-17664 (HM-224B) [72 FR 4442] entitled ``Transportation 
of Compressed Oxygen, Other Oxidizing Gases and Chemical Oxygen 
Generators on Aircraft,'' which included amendments that changed 
packaging and marking requirements for air shipments of compressed 
oxygen cylinders and chemical oxygen generators. As of October 1, 2009, 
certain compressed gases shipped by air, and chemical oxygen generators 
must be placed in a rigid outer packaging demonstrated to withstand 
both flame penetration and thermal resistance testing requirements.
    Appendix E specifies the procedures to follow to conduct the Flame 
Penetration Resistance Test. The test procedure is described in 
sections (g)(2) of this Appendix and references a ``Figure 1,'' but 
HMR, Figure 1 is omitted. In sections (d)(3) and (f)(2) of this 
Appendix, the design and calibration of the calorimeter is described 
and refers to a ``Figure 2,'' but Figure 2 is also omitted. Therefore, 
in this NPRM, PHMSA is proposing to add Figures 1 and 2 that were 
referenced but inadvertently omitted from Appendix E.

Part 180

Section 180.416
    Section 180.416 details the requirements for a discharge system 
inspection and maintenance program for cargo tanks transporting 
liquefied compressed gases. Specifically, Sec.  180.416 applies to 
operators using specification MC 330, MC 331, and non-specification 
cargo tanks authorized under Sec.  173.315(k) for transportation of 
liquefied compressed gases other than carbon dioxide. As part of the 
discharge system inspection specified in this section, the operator 
must visually inspect each delivery hose assembly at least once each 
calendar month in which the delivery hose assembly is in service and 
keep a record of each inspection. In accordance with Sec.  180.416(d), 
that record must include the inspection date, the name of the person 
performing the inspection, the hose assembly identification number, the 
company name, the date the hose was assembled and tested, and an 
indication that the delivery hose assembly and piping system passed or 
failed the tests and inspections.
    There has been some confusion among the regulated community 
pertaining to the requirement to include ``the company name'' in the 
record as specified in Sec.  180.416(d). Specifically, there was 
concern over whether ``the

[[Page 24895]]

company name'' refers to the name of the operator or the name of the 
manufacturer of the hose.
    In this NPRM, PHMSA proposes to revise Sec.  180.416(d) to clarify 
that the reference to the ``company name'' on the inspection record is 
the name of the hose manufacturer. We believe this proposed revision 
will clarify the requirement for discharge system inspection records, 
resulting in more accurate records for specification MC 330, MC 331, 
and non-specification cargo tanks authorized under Sec.  173.315(k) 
transporting of liquefied compressed gases other than carbon dioxide.

III. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This NPRM is published under authority of Federal hazardous 
materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et 
seq.). Section 5103(b) of Federal hazmat law authorizes the Secretary 
of Transportation to prescribe regulations for the safe transportation, 
including security, of hazardous materials in intrastate, interstate, 
and foreign commerce. If adopted as proposed, this NPRM would make 
miscellaneous amendments to the HMR. In addition, if adopted as 
proposed, this NPRM would correct errors in the hazardous materials 
table and corresponding special provisions, clarify the requirements 
for lab packing temperature controlled materials and clarify various 
cargo tank provisions and revise the training requirements to require 
that a hazmat employer must make hazmat employee training records 
available upon request to an authorized officials. These amendments 
clarify regulatory requirements and, where appropriate, decrease the 
regulatory burden without compromising the safe transportation of 
hazardous materials in commerce.

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

    This proposed rule is not considered a significant regulatory 
action under section 3(f) and was not reviewed by the Office of 
Management and Budget (OMB). The proposed rule is not considered a 
significant rule under the Regulatory Policies and Procedures order 
issued by the Department of Transportation [44 FR 11034].
    In this notice of proposed rulemaking, we propose to amend 
miscellaneous provisions in the HMR to clarify the provisions and to 
relax overly burdensome requirements. PHMSA anticipates the proposals 
contained in this rule will have economic benefits to the regulated 
community. This NPRM is designed to increase the clarity of the HMR, 
thereby increasing voluntary compliance while reducing compliance 
costs.
    Executive Order 13563 is supplemental to and reaffirms the 
principles, structures, and definitions governing regulatory review 
that were established in Executive Order 12866 Regulatory Planning and 
Review of September 30, 1993. In addition, Executive Order 13563 
specifically requires agencies to: (1) Involve the public in the 
regulatory process; (2) promote simplification and harmonization 
through interagency coordination; (3) identify and consider regulatory 
approaches that reduce burden and maintain flexibility; (4) ensure the 
objectivity of any scientific or technological information used to 
support regulatory action; and (5) consider how to best promote 
retrospective analysis to modify, streamline, expand, or repeal 
existing rules that are outmoded, ineffective, insufficient, or 
excessively burdensome.
    In this NPRM, PHMSA has involved the public in the regulatory 
process in a variety of ways. Specifically, in this rulemaking PHMSA is 
addressing issues and errors that were identified and tagged for future 
rulemaking consideration in letters of interpretation issued to the 
regulated community and through other correspondence with PHMSA 
stakeholders. In addition, PHMSA has responded to the TSI's request to 
incorporate a guidance document designed to assist the sulphur industry 
in ensuring the safe transport of molten sulphur (P-1581). PHMSA is 
asking for public comments based on the proposals in this NPRM. Upon 
receipt of public comment, PHMSA will address all substantive comments 
in the next rulemaking action under this docket number.
    The amendments in the NPRM promote simplification and harmonization 
through interagency coordination. Specifically, in this NPRM, PHMSA is 
simplifying the lab packing requirements, the hazardous materials table 
and special provisions and the requirements for cargo tank 
transportation. These revisions are expected to produce a safety 
benefit derived from the increased clarity and reduced ambiguity in the 
special provisions to the Sec.  172.101 HMT, and the lab packaging and 
cargo tank requirements of the HMR. There are minimal additional costs. 
The clarity will result in net benefits.
    This NPRM also promotes harmonization with international standards, 
such as the IMDG Code, Canada's TDG requirements and the ICAO TI with 
regard to the handling of ``Lead compounds, soluble n.o.s.'' via 
vessel, rail shipments of residue between the United States and Canada 
and alcoholic beverages via aircraft.
    These revisions to the Sec.  172.101 HMT will eliminate errors in 
the Sec.  172.101 HMT, reduce ambiguity, harmonize the HMR with 
international regulations, and improve clarity. Many of these revisions 
were brought to PHMSA's attention through letters of interpretation 
requested from the regulated community. Although these revisions are 
minor, they are expected to produce a safety benefit derived from the 
increased clarity and accuracy of the text in the Sec.  172.101 HMT.
    This NPRM proposes approaches that reduce the regulatory burden on 
the regulated community, allows for flexibility in achieving compliance 
and maintains an appropriate level of safety. This NPRM permits 
flexibility in achieving compliance when transporting cargo tanks while 
maintaining an appropriate level of safety. This NPRM also incorporates 
a special permit DOT SP-13556 that has a strong record of safety. 
Incorporating this permit into the HMR will provide wider access to the 
benefits of the provisions granted in this special permit, therefore, 
fostering greater regulatory flexibility without compromising 
transportation safety.
    A majority of the amendments in this rulemaking are simple 
clarifications and do not require significant scientific or 
technological information. However, when necessary in this NPRM, PHMSA 
used scientific or technological information to support its regulatory 
action. Specifically, such data was considered when structuring 
alternatives on how to best deal with issues regarding the safe 
transport of cargo tanks and the transport of alcoholic beverages with 
greater than 70 percent alcohol by volume via cargo aircraft. This 
information was used in the evaluation of alternative proposals and 
ultimately this information determined how best to promote 
retrospective analysis to modify and streamline existing requirements 
that are outmoded, ineffective, insufficient, or excessively 
burdensome.

C. Executive Order 13132

    This proposed rule was analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
proposed rule would preempt state, local and

[[Page 24896]]

Indian tribe requirements but does not propose any regulation that has 
substantial direct effects on the states, the relationship between the 
national government and the states, or the distribution of power and 
responsibilities among the various levels of government. Therefore, the 
consultation and funding requirements of Executive Order 13132 do not 
apply.
    The Federal hazardous material transportation law, 49 U.S.C. 
5125(b)(1), contains an express preemption provision (49 U.S.C. 
5125(b)) preempting state, local, and Indian tribe requirements on 
certain covered subjects. Covered subjects are:
    (i) The designation, description, and classification of hazardous 
materials;
    (ii) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (iii) The preparation, execution, and use of shipping documents 
related to hazardous materials and requirements related to the number, 
content, and placement of those documents;
    (iv) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous materials; or
    (v) The design, manufacture, fabrication, marking, maintenance, 
reconditioning, repair, or testing of a packaging or container which is 
represented, marked, certified, or sold as qualified for use in the 
transport of hazardous materials.
    This proposed rule concerns the classification, packaging, and 
handling of hazardous materials, among other covered subjects. If 
adopted, this rule would preempt any state, local, or Indian tribe 
requirements concerning these subjects unless the non-Federal 
requirements are ``substantively the same''(see 49 CFR 107.202(d) as 
the Federal requirements.)
    Federal hazardous materials transportation law provides at 49 
U.S.C. 5125(b)(2) that if PHMSA issues a regulation concerning any of 
the covered subjects, PHMSA must determine and publish in the Federal 
Register the effective date of Federal preemption. That 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. 
PHMSA proposes the effective date of federal preemption be 90 days from 
publication of a final rule in this matter in the Federal Register.

D. Executive Order 13175

    This proposed 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 proposed rule does not have tribal implications and does 
not impose substantial direct compliance costs on Indian tribal 
governments, the funding and consultation requirements of Executive 
Order 13175 do not apply, and a tribal summary impact statement is not 
required.

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities 
unless the agency determines the rule is not expected to have a 
significant impact on a substantial number of small entities. This 
proposed rule would amend miscellaneous provisions in the HMR to 
clarify provisions based on our PHMSA's initiatives and correspondence 
with the regulated community. While maintaining safety, it would relax 
certain requirements that are overly burdensome. The proposed changes 
are generally intended to provide relief to shippers, carriers, and 
packaging manufacturers, including small entities.
    Consideration of alternative proposals for small businesses. The 
Regulatory Flexibility Act directs agencies to establish exceptions and 
differing compliance standards for small businesses, where it is 
possible to do so and still meet the objectives of applicable 
regulatory statutes. In the case of hazardous materials transportation, 
it is not possible to establish exceptions or differing standards and 
still accomplish our safety objectives.
    The impact of this proposed rule is not expected to be significant. 
The proposed changes are generally intended to provide relief to 
shippers, carriers, and packaging manufactures and testers, including 
small entities. This relief will provide marginal positive economic 
benefits to shippers, carriers, and packaging manufactures and testers, 
including small entities however; these benefits are not at a level 
that can be considered economically significant. Therefore, this 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    This proposed rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure that potential impacts of 
draft rules on small entities are properly considered.

F. Paperwork Reduction Act

    This proposed rule does not impose any new information collection 
requirements and in three instances marginally decreases the 
information collection burden on the reregulated community. 
Specifically the following information collections affected by this 
rulemaking are:
     Office of Management and Budget (OMB) Control Number 2137-
0051; Rulemaking and Special Permit Petitions: A slight reduction in 
information collection burden is anticipated due to the incorporation 
of a DOT SP-13556 into Sec.  173.134. This permit will allow 
individuals more flexibility when transporting sharps and decrease the 
need for special permits applications when transporting sharps as 
regulated medical wastes.
     OMB Control Number 2137-0034; Hazardous Materials Shipping 
Papers and Emergency Response Information: A negligible reduction in 
information collection burden due to relaxation of the shipping paper 
description requirements for residues specified in Sec.  172.203. 
Specifically, this will allow individuals more flexibility on the 
shipping paper descriptions when shipping waste internationally, and 
will correct a regulatory inconsistency between the HMR and Canadian 
Hazardous materials regulations, fostering international transport of 
residues.
     OMB Control Number 2137-0557; Approvals for Hazardous 
Materials: A slight reduction in information collection burden is 
anticipated due to relaxation of approval submittal requirements 
specified in Sec.  105.40. Specifically, this relaxation will permit 
individuals wishing to apply with PHMSA to be an approved designated 
agent to submit their applications either by standard mail or 
electronic mail. Currently, the HMR only permits submission through 
standard mail. This change will result in a decrease in duplicate hard 
copies submitted to PHMSA as well as a decrease in the processing time 
for such applications.

G. Regulation Identifier Number (RIN)

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

[[Page 24897]]

H. Unfunded Mandates Reform Act

    This proposed rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$141,300,000 or more to either state, local, or tribal governments, in 
the aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objective of the rule.

I. Environmental Assessment

    The National Environmental Policy Act, 42 U.S.C. 4321-4375, 
requires federal agencies to analyze proposed actions to determine 
whether the action will have a significant impact on the human 
environment. The Council on Environmental Quality (CEQ) regulations 
require federal agencies to conduct an environmental review 
considering: (1) The need for the proposed action; (2) alternatives to 
the proposed action; (3) probable environmental impacts of the proposed 
action and alternatives; and (4) the agencies and persons consulted 
during the consideration process. PHMSA proposes to make miscellaneous 
amendments to the HMR based on PHMSA's own initiatives including a 
review of the HMR, previous letters of interpretation and special 
permits we issued. The proposed amendments are intended to update, 
clarify, or provide relief from certain existing regulatory 
requirements to promote safer transportation practices; eliminate 
unnecessary regulatory requirements; facilitate international commerce; 
and make these requirements easier to understand.

    Description of Action:
Docket No. PHMSA-2011-0138 (HM-218G), NPRM
    Transportation of hazardous materials in commerce is subject to 
requirements in the HMR, issued under authority of Federal hazardous 
materials transportation law, codified at 49 U.S.C. 5001 et seq. To 
facilitate the safe and efficient transportation of hazardous materials 
in international commerce, the HMR provide that both domestic and 
international shipments of hazardous materials may be offered for 
transportation and transported under provisions of the international 
regulations.

    Proposed Amendments to the HMR:

    In this NPRM, PHMSA is proposing to:
     Permit designated agents for non-residents to submit 
designation requests by electronic mail in addition to traditional 
mail.
     Add the TSI ``Molten Sulphur Rail Tank Car Guidance'' 
document to the list of informational materials not requiring 
incorporation by reference in Sec.  171.7.
     Revise the Sec.  172.101 HMT to correct an error in the 
transportation requirements for entries listed under the proper 
shipping name, ``Hydrazine Dicarbonic Acid Diazide.''
     Revise the Sec.  172.101 HMT to remove the entry for 
``Zinc ethyl, see Diethylzinc'' which was superseded by proper shipping 
names adopted in a previous rulemaking.
     Revise special provision 138 in Sec.  172.102 to clarify 
the lead solubility calculation utilized for classification of material 
as a Marine Pollutant.
     Remove references to special provisions B72 and B74 in 
Sec.  172.102. These special provisions were removed in a previous 
rulemaking, however, twelve entries in the Sec.  172.101 HMT still 
contain references to these special provisions.
     Revise the shipping paper requirements in Sec.  172.203(e) 
to permit the phrase ``Residue last contained'' to be placed before or 
after the basic shipping description sequence, or for rail shipment, 
directly preceding the proper shipping name in the basic shipping 
description sequence.
     Update the training recordkeeping requirements in Sec.  
172.704 to specify that a hazardous materials (hazmat) employer must 
make hazmat employee training records available upon request, at a 
reasonable time and location, to an authorized official of the 
Department of Transportation or the Department of Homeland Security.
     Clarify that the material of trade exception in Sec.  
173.6 may be used when transporting Division 2.1 and 2.2 gases in Dewar 
flasks.
     Clarify the lab pack provisions in Sec.  173.12 pertaining 
to temperature-controlled materials contained in a lab pack.
     Clarify the exceptions for external emergency self-closing 
valves on CTMVs in Sec.  173.33(g) to specify that external emergency 
self-closing valves on MC 338 cargo tanks containing cryogenic liquids 
may remain open during transportation.
     Correct an inadvertent deletion of the Sec.  173.62 
packaging requirements for explosives.
     Incorporate DOT SP-13556 into Sec.  173.134, to authorize 
the transportation by motor vehicle of certain regulated medical 
wastes, designated as sharps, in non-DOT specification containers 
fitted into wheeled racks.
     Revise the requirements for cargo air transport of 
alcoholic beverages Sec.  173.150 to harmonize with the ICAO TI.
     Clarify the exceptions in Sec.  173.159a for non-spillable 
batteries secured to skids or pallets.
     Revise Sec.  178.2(c) to clarify the applicability of the 
notification requirements for packages containing residues.
     Clarify the inspection record requirements in Sec.  
180.416 for discharge systems of cargo tanks transporting liquefied 
compressed gases.
     Clarify the requirements for the Flame Penetration 
Resistance test required for chemical oxygen generators and certain 
compressed gases in Appendix E to Part 178.

    Alternatives Considered:

    Alternative (1): Do nothing.
    Our goal is to update, clarify and provide relief from certain 
existing regulatory requirements to promote safer transportation 
practices, eliminate unnecessary regulatory requirements, and 
facilitate international commerce. We rejected the do-nothing 
alternative.
    Alternative (2): Go forward with the proposed amendments to the HMR 
in this NPRM.
    This is the selected alternative.
Environmental Consequences
    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 materials 
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 a 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

[[Page 24898]]

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.
    Under the HMR, hazardous materials are 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 (e.g. wildlife habitats) and 
the contamination of air, aquatic environments, and soil. Contamination 
of soil can lead to the contamination of ground water. Compliance with 
the HMR substantially reduces the possibility of accidental release of 
hazardous materials.
Conclusion
    PHMSA proposes to make miscellaneous amendments to the HMR based on 
comments from the regulated community and PHMSA's own rulemaking 
initiatives. The proposed amendments are intended to update, clarify, 
or provide relief from certain existing regulatory requirements to 
promote safer transportation practices; eliminate unnecessary 
regulatory requirements; facilitate international commerce; and make 
these requirements easier to understand. These proposed clarifications 
of regulatory requirements, if adopted, will foster a greater level of 
compliance with the HMR and thus, diminished levels of hazardous 
materials transportation incidents affecting the health and safety of 
the environment. Therefore, the net environmental impact of this 
proposal will be positive.

 J. Privacy Act

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

K. International Trade Analysis

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing any standards or engaging in related 
activities that create unnecessary obstacles to the foreign commerce of 
the United States. Pursuant to these Acts, the establishment of 
standards are not considered unnecessary obstacles to the foreign 
commerce of the United States, so long as the standards have a 
legitimate domestic objective, such as the protection of safety, and do 
not operate in a manner that excludes imports that meet this objective. 
The statute also requires consideration of international standards and, 
where appropriate, that they be the basis for U.S. standards. PHMSA 
notes the purpose is to ensure the safety of the American public, and 
has assessed the effects of this rule to ensure that it does not 
exclude imports that meet this objective. As a result, this proposed 
rule is not considered as creating an unnecessary obstacle to foreign 
commerce.

List of Subjects

49 CFR Part 105

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

49 CFR Part 171

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

49 CFR Part 172

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

49 CFR Part 173

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

49 CFR Part 177

    Hazardous materials transportation, Loading and unloading, 
Segregation and separation.

49 CFR Part 178

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

49 CFR Part 180

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

    In consideration of the foregoing, we propose to amend 49 CFR 
chapter I as follows:

PART 105--HAZARDOUS MATERIALS PROGRAM PROCEDURES

    1. The authority citation for part 105 continues to read as 
follows:

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

    2. In Sec.  105.40, paragraph (d) is revised to read as follows:


Sec.  105.40  Designated agents for non-residents.

* * * * *
    (d) Each designation must be submitted to: Approvals and Permits 
Division, Pipeline and Hazardous Materials Safety Administration, Attn: 
PHH-30, U.S. Department of Transportation, East Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001 or by electronic mail to: 
[email protected] or [email protected] as appropriate.
* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

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

    4. In Sec.  171.7, in the paragraph (b) table, the following entry 
is added:


Sec.  171.7  Reference material.

    (b) * * *

[[Page 24899]]



------------------------------------------------------------------------
            Source and name of material               49 CFR reference
------------------------------------------------------------------------
 
                              * * * * * * *
The Sulphur Institute, 1140 Connecticut Avenue
 NW., Washington, DC 20036
    Molten Sulphur Rail Tank Car Guidance                        172.102
     document, November 2011 final edition........
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

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

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

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

    6. In Sec.  172.101, the Hazardous Materials Table is amended by 
removing the entries under ``[REMOVE]'', by adding the entries under 
``[ADD]'' and revising entries under ``[REVISE]'' in the appropriate 
alphabetical sequence to read as follows:


Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *

[[Page 24900]]



                                                                                                Sec.   172.101--Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                       Hazardous                                                                                                  (8) Packaging (Sec.   173.***)             (9) Quantity limitations           (10) Vessel stowage
                       materials        Hazard                                                              Special      ---------------------------------------------------------------------------------------------------------------
     Symbols       descriptions and    class or    Identification         PG           Label codes      provisions (Sec.
                    proper shipping    division        numbers                                              172.102)        Exceptions       Non-bulk          Bulk          Passenger    Cargo aircraft     Location          Other
                         names                                                                                                                                             aircraft/rail       only
(1)               (2)...............         (3)  (4).............  (5)...........  (6)..............  (7)..............  (8A)..........  (8B)..........  (8C)..........  (9A)..........  (9B)..........  (10A).........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                  [REMOVE]
 
                                                                                                              * * * * * * *
                  Hydrazine            Forbidden
                   dicarbonic acid
                   diazide.
                                      ..........  II..............  8, 6.1........  B16, B53, IB2,     None.............  202...........  243...........  Forbidden.....  30 L..........  D.............  40............  II
                                                                                     T7, TP2, TP13.
                                      ..........  III.............  8, 6.1........  B16, B53, IB3,     154..............  203...........  241...........  5 L...........  60 L..........  D.............  40............  III
                                                                                     T4, TP1.
 
                                                                                                              * * * * * * *
                  Zinc ethyl, see
                   Diethylzinc.
 
                                                                                                              * * * * * * *
                  [ADD]
 
                                                                                                              * * * * * * *
                  Hydrazine            Forbidden
                   dicarbonic acid
                   diazide.
 
                                                                                                              * * * * * * *
                  Paint related                3  UN3469..........  II............  3, 8.............  IB2, T7, TP2,      150...........  202...........  243...........  1 L...........  5 L...........  B.............  40
                   material,                                                                            TP8, TP28.
                   flammable,
                   corrosive
                   (including paint
                   thinning or
                   reducing
                   compound).
                                      ..........                    III...........  3, 8.............  IB3, T4, TP1,      150...........  203...........  242...........  5 L...........  60 L..........  A.............  40
                                                                                                        TP29.
 
                                                                                                              * * * * * * *
                  [REVISE]
 
                                                                                                              * * * * * * *
                  tert-Butyl                 6.1  UN2484..........  I.............  6.1, 3...........  1, B9, B14, B30,   None..........  226...........  244...........  Forbidden.....  Forbidden.....  D.............  40
                   isocyanate.                                                                          T20, TP2, TP13,
                                                                                                        TP38, TP44.
 
                                                                                                              * * * * * * *
D...............  Ethyl                      6.1  NA2927..........  I.............  6.1, 8...........  2, B9, B14, B32,   None..........  227...........  244...........  Forbidden.....  Forbidden.....  D.............  40
                   phosphonothioic                                                                      T20, TP4, TP12,
                   dichloride,                                                                          TP13, TP38, TP45.
                   anhydrous.
D...............  Ethyl phosphonous          6.1  NA2845..........  I.............  6.1, 4.2.........  2, B9, B14, B32,   None..........  227...........  244...........  Forbidden.....  Forbidden.....  D.............  18
                   dichloride,                                                                          T20, TP4, TP12,
                   anhydrous                                                                            TP13, TP38, TP45.
                   pyrophoric liquid.
D...............  Ethyl                      6.1  NA2927..........  I.............  6.1, 8...........  2, B9, B14, B32,   None..........  227...........  244...........  Forbidden.....  Forbidden.....  D.............  40
                   phosphorodichlori                                                                    T20, TP4, TP12,
                   date.                                                                                TP13, TP38, TP45.
 

[[Page 24901]]

 
                                                                                                              * * * * * * *
D...............  Methyl phosphonous         6.1  NA2845..........  I.............  6.1, 4.2.........  2, B9, B14, B16,   None..........  227...........  244...........  Forbidden.....  Forbidden.....  D.............  18
                   dichloride,                                                                          B32, T20, TP4,
                   pyrophoric liquid.                                                                   TP12, TP13,
                                                                                                        TP38, TP45.
 
                                                                                                              * * * * * * *
+...............  Sulfuric acid,               8  UN1831..........  I.............  8, 6.1...........  2, B9, B14, B32,   None..........  227...........  244...........  Forbidden.....  Forbidden.....  C.............  14, 40
                   fuming with 30                                                                       B77, B84, N34,
                   percent or more                                                                      T20, TP2, TP12,
                   free sulfur                                                                          TP13.
                   trioxide.
 
                                                                                                              * * * * * * *
D...............  Sulfur, molten....           9  NA2448..........  III...........  9................  30, B13, IB3, R1,  None..........  213...........  247...........  Forbidden.....  Forbidden.....  C.............  61
                                                                                                        T1, TP3.
I...............  Sulfur, molten....         4.1  UN2448..........  III...........  4.1..............  30, B13, IB1, R1   None..........  213...........  247...........  Forbidden.....  Forbidden.....  C.............  74
                                                                                                        T1, TP3.
 
                                                                                                              * * * * * * *
G...............  Toxic by                   6.1  UN3492..........  I.............  6.1, 8, 3........  1, B9, B14, B30,   None..........  226...........  244...........  Forbidden.....  Forbidden.....  D.............  40, 125
                   inhalation                                                                           T22, TP2, TP13,
                   liquid,                                                                              TP27, TP38, TP44.
                   corrosive,
                   flammable, n.o.s.
                   with an
                   inhalation
                   toxicity lower
                   than or equal to
                   200 ml/m3 and
                   saturated vapor
                   concentration
                   greater than or
                   equal to 500 LC50.
G...............  Toxic by                   6.1  UN3493..........  I.............  6.1, 8, 3........  2, B9, B14, B32,   None..........  227...........  244...........  Forbidden.....  Forbidden.....  D.............  40, 125
                   inhalation                                                                           T20, TP2, TP13,
                   liquid,                                                                              TP27, TP38, TP45.
                   corrosive,
                   flammable, n.o.s.
                   with an
                   inhalation
                   toxicity lower
                   than or equal to
                   1000 ml/m3 and
                   saturated vapor
                   concentration
                   greater than or
                   equal to 10 LC50.
G...............  Toxic by                   6.1  UN3488..........  I.............  6.1, 3, 8........  1, B9, B14, B30,   None..........  226...........  244...........  Forbidden.....  Forbidden.....  D.............  40, 125
                   inhalation                                                                           T22, TP2, TP13,
                   liquid,                                                                              TP27, TP38, TP44.
                   flammable,
                   corrosive, n.o.s.
                   with an
                   inhalation
                   toxicity lower
                   than or equal to
                   200 ml/m3 and
                   saturated vapor
                   concentration
                   greater than or
                   equal to 500 LC50.
G...............  Toxic by                   6.1  UN3489..........  I.............  6.1, 3, 8........  2, B9, B14, B32,   None..........  227...........  244...........  Forbidden.....  Forbidden.....  D.............  40, 125
                   inhalation                                                                           T20, TP2, TP13,
                   liquid,                                                                              TP27, TP38, TP45.
                   flammable,
                   corrosive, n.o.s.
                   with an
                   inhalation
                   toxicity lower
                   than or equal to
                   1000 ml/m3 and
                   saturated vapor
                   concentration
                   greater than or
                   equal to 10 LC50.
 

[[Page 24902]]

 
                                                                                                              * * * * * * *
G...............  Toxic by                   6.1  UN3490..........  I.............  6.1, 4.3, 3......  1, B9, B14, B30,   None..........  226...........  244...........  Forbidden.....  Forbidden.....  D.............  21, 28, 40, 49
                   inhalation                                                                           T22, TP2, TP13,
                   liquid, water-                                                                       TP27, TP38, TP44.
                   reactive,
                   flammable, n.o.s.
                   with an
                   inhalation
                   toxicity lower
                   than or equal to
                   200 ml/m3 and
                   saturated vapor
                   concentration
                   greater than or
                   equal to 500 LC50.
G...............  Toxic by                   6.1  UN3491..........  I.............  6.1, 4.3, 3......  2, B9, B14, B32,   None..........  227...........  244...........  Forbidden.....  Forbidden.....  D.............  21, 28, 40, 49
                   inhalation                                                                           T20, TP2, TP13,
                   liquid, water-                                                                       TP27, TP38, TP45.
                   reactive,
                   flammable, n.o.s.
                   with an
                   inhalation
                   toxicity lower
                   than or equal to
                   1000 ml/m3 and
                   saturated vapor
                   concentration
                   greater than or
                   equal to 10 LC50.
 
                                                                                                              * * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 24903]]

* * * * *
    7. In Sec.  172.102, special provision 138 is added in paragraph 
(c)(1) and special provision R1 in paragraph (c)(6) is revised to read 
as follows:


Sec.  172.102  Special Provisions.

* * * * *
    (c) * * *
    (1) * * *
    138 This entry applies to lead compounds which, when mixed in a 
ratio of 1:1,000 with 0.07 M (Molar concentration) hydrochloric acid 
and stirred for one hour at a temperature of 23 [deg]C  2 
[deg]C, exhibit a solubility of more than 5 percent. Lead compounds 
which, when mixed in a ratio of 1:1,000 with 0.07 M (Molar 
concentration) hydrochloric acid and stirred for one hour at a 
temperature of 23 [deg]C  2 [deg]C, exhibit a solubility of 
5 percent or less are not subject to the requirements of this 
subchapter unless they meet criteria as another hazard class or 
division. Lead compounds that have a solubility of 5 percent or less in 
accordance with this special provision are not subject to the 
requirements of this subchapter that pertain to Marine Pollutants.
* * * * *
    (6) * * *
    R1 A person who offers for transportation tank cars containing 
sulfur, molten or residue of sulfur, molten may reference the Sulphur 
Institute's, ``Molten Sulphur Rail Tank Car Guidance document'' (see 
Sec.  171.7 of this subchapter) to indentify tank cars that may pose a 
risk in transportation due to the accumulation of molten sulfur on the 
outside of the tank.
* * * * *
    8. In Sec.  172.203 paragraph (e) is revised to read as follows:


Sec.  172.203  Additional description requirements.

* * * * *
    (e) * * * (1) The description on the shipping paper for a packaging 
containing the residue of a hazardous material may include the words 
``RESIDUE: Last Contained * * * '' immediately before or after the 
basic shipping description on the shipping paper.
    (2) The description on the shipping paper for a tank car containing 
the residue of a hazardous material must include the phrase, ``RESIDUE: 
LAST CONTAINED * * *'' immediately before or after the basic shipping 
description or immediately preceding the proper shipping name of the 
material on the shipping paper.
    9. In Sec.  172.704, paragraph (d) is revised to read as follows:


Sec.  172.704  Training requirements.

* * * * *
    (d) Recordkeeping. Each hazmat employer must create and retain a 
record of current training of each hazmat employee, inclusive of the 
preceding three years, in accordance with this section for as long as 
that employee is employed by that employer as a hazmat employee and for 
90 days thereafter. A hazmat employer must make a hazmat employee's 
record of current training available upon request, at a reasonable time 
and location, to an authorized official of the Department of 
Transportation or the Department of Homeland Security. The record must 
include:
* * * * *

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

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

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

    11. In Sec.  173.6, paragraph (a)(2) is revised to read as follows:


Sec.  173.6  Materials of trade exceptions.

* * * * *
    (a) * * *
    (2) A Division 2.1 or 2.2 material in a cylinder with a gross 
weight not over 100 kg (220 pounds), in a Dewar flask meeting the 
requirements of Sec.  173.320, or a permanently mounted tank 
manufactured to the ASME Code of not more than 70 gallon water capacity 
for a non-liquefied Division 2.2 material with no subsidiary hazard.
* * * * *
    12. In Sec.  173.12, paragraph (b)(3) is revised to read as 
follows:


Sec.  173.12  Exceptions for shipment of waste materials.

* * * * *
    (b) * * *
    (3) Prohibited materials. The following waste materials may not be 
packaged or described under the provisions of this paragraph (b): a 
material poisonous-by-inhalation, a temperature controlled material 
unless it complies with Sec.  173.21(f)(1), a Division 6.1, Packing 
Group I material, chloric acid, and oleum (fuming sulfuric acid).
* * * * *
    13. In Sec.  173.33, paragraph (g) is revised to read as follows:


Sec.  173.33  Hazardous materials in cargo tank motor vehicles.

* * * * *
    (g) Remote control of self-closing stop valves--MC 330, MC 331 and 
MC 338 cargo tanks. Each liquid or vapor discharge opening in an MC 330 
or MC 331 cargo tank and each liquid filling and liquid discharge line 
in an MC 338 cargo tank must be provided with a remotely controlled 
internal self-closing stop valve, except when an MC 330 or MC 331 cargo 
tank is marked and used exclusively to transport carbon dioxide, or 
except when an MC 338 is used to transport argon, carbon dioxide, 
helium, krypton, neon, nitrogen, and xenon, or except when an MC 338 
utilizes an external self-closing stop valve to comply with the 
requirements in Sec.  178.338-11(b). However, if the cargo tank motor 
vehicle was certified before January 1, 1995, this requirement is 
applicable only when an MC 330 or MC 331 cargo tank is used to 
transport a flammable liquid, flammable gas, hydrogen chloride 
(refrigerated liquid), or anhydrous ammonia; or when an MC 338 cargo 
tank is used to transport flammable ladings.
* * * * *
    14. In Sec.  173.62, in paragraph (c)(5), in the Table of Packing 
Methods, Packing Instructions 130 is revised to read as follows:


Sec.  173.62  Specific packaging requirements for explosives.

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

[[Page 24904]]



                                            Table of Packing Methods
----------------------------------------------------------------------------------------------------------------
                                                                      Intermediate
        Packaging instruction              Inner packagings            packagings            Outer packaging
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
130..................................  Not necessary..........  Not necessary..........  Boxes. Steel (4A).
Particular Packaging Requirements:...                                                     Aluminum (4B) Wood
1. The following applies to UN 0006,                                                      natural, ordinary
 0009, 0010, 0015, 0016, 0018, 0019,                                                      (4C1). Wood natural,
 0034, 0035, 0038, 0039, 0048, 0056,                                                      sift-proof walls (4C2)
 0137, 0138, 0168, 0169, 0171, 0181,                                                      Plywood (4D).
 0182, 0183, 0186, 0221, 0238, 0243,                                                      Reconstituted wood
 0244, 0245, 0246, 0254, 0280, 0281,                                                      (4F). Fiberboard (4G).
 0286, 0287, 0297, 0299, 0300, 0301,                                                      Plastics, expanded
 0303, 0321, 0328, 0329, 0344, 0345,                                                      (4H1). Plastics, solid
 0346, 0347, 0362, 0363, 0370, 0412,                                                      (4H2). Drums. Steel,
 0424, 0425, 0434, 0435, 0436, 0437,                                                      removable head (1A2).
 0438, 0451, 0459 and 0488. Large and                                                     Aluminum, removable
 robust explosives articles, normally                                                     head (1B2). Plywood
 intended for military use, without                                                       (1D). Fiber (1G).
 their means of initiation or with                                                        Plastics, removable
 their means of initiation containing                                                     head (1H2). Large
 at least two effective protective                                                        Packagings. Steel
 features, may be carried unpackaged.                                                     (50A) Aluminum (50B)
 When such articles have propelling                                                       Metal other than steel
 charges or are self-propelled, their                                                     or aluminum (50N)
 ignition systems must be protected                                                       Rigid plastics (50H)
 against stimuli encountered during                                                       Natural wood (50C)
 normal conditions of transport. A                                                        Plywood (50D)
 negative result in Test Series 4 on                                                      Reconstituted wood
 an unpackaged article indicates that                                                     (50F) Rigid fiberboard
 the article can be considered for                                                        (50G).
 transport unpackaged. Such
 unpackaged articles may be fixed to
 cradles or contained in crates or
 other suitable handling devices..
2. Subject to approval by the
 Associate Administrator, large
 explosive articles, as part of their
 operational safety and suitability
 tests, subjected to testing that
 meets the intentions of Test Series
 4 of the UN Manual of Tests and
 Criteria with successful test
 results, may be offered for
 transportation in accordance with
 the requirements of this subchapter.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    15. In Sec.  173.134, paragraph (c)(2) is revised to read as 
follows:


Sec.  173.134  Class 6, Division 6.2--Definitions and exceptions.

* * * * *
    (c) * * *
    (2) * * *
    (viii) Documents intended for destruction in accordance with the 
Health Insurance Portability and Accountability Act of 1996 (HIPAA) 
requirements;
    (ix) Medical or clinical equipment and laboratory products provided 
they are properly packaged and secured against exposure or 
contamination; and
    (x) Sharps in sharp containers provided the containers are securely 
closed to prevent leaks or punctures; do not exceed 18 gallons 
capacity; registered under the Medical Device Regulations of FDA; made 
of puncture resistant plastic that meets ASTM Standard F2132-01, 
Standard Specification for Puncture Resistance of Materials Used in 
Containers for Discarded Medical Needles and Other Sharps; and are 
securely fitted into wheeled racks that hold them in an upright 
position. The wheeled racks must contain full rows of sharps containers 
secured in place by a moveable bar; and must be securely held in place 
on the motor vehicle by straps or load bars during transportation. No 
shelf in any wheeled rack may exceed the manufacturer's recommended 
load capacity.
* * * * *
    16. In Sec.  173.150, paragraph (d) is revised to read as follows:


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

* * * * *
    (d) Alcoholic beverages. (1) An alcoholic beverage (wine and 
distilled spirits as defined in 27 CFR Sec. Sec.  4.10 and 5.11), when 
transported via motor vehicle, vessel, or rail, is not subject to the 
requirements of this subchapter if the alcoholic beverage:
    (i) Contains 24 percent or less alcohol by volume;
    (ii) Is contained in an inner packaging of 5 L (1.3 gallons) or 
less; or
    (iii) Is a Packing Group III alcoholic beverage contained in a 
packaging 250 liters (66 gallons) or less;
    (2) An alcoholic beverage (wine and distilled spirits as defined in 
27 CFR Sec. Sec.  4.10 and 5.11), when transported via aircraft, is not 
subject to the requirements of this subchapter if the alcoholic 
beverage:
    (i) Contains 24 percent or less alcohol by volume;
    (ii) For transportation aboard a passenger-carrying aircraft, 
contains more than 24 percent but less than 70 percent alcohol by 
volume when in unopened retail packagings not exceeding 5 liters (1.3 
gallons) carried in

[[Page 24905]]

carry-on or checked baggage, with a total net quantity per person of 5 
liters (1.3 gallons) (See Sec.  175.10(a)(4)).
    (iii) For transportation aboard a cargo aircraft contains more than 
24 percent but less than 70 percent alcohol by volume in an inner 
packaging of 5 L (1.3 gallons) or less.
* * * * *
    17. In Sec.  173.159a, paragraph (c)(1) is revised to read as 
follows:


Sec.  173.159a  Exceptions for non-spillable batteries.

* * * * *
    (c) Non-spillable batteries are excepted from the packaging 
requirements of Sec.  173.159 under the following conditions:
    (1) Non-spillable batteries must be securely packed in strong outer 
packagings or secured to skids or pallets capable of withstanding the 
shocks normally incident to transportation. The batteries must meet the 
requirements of Sec.  173.159(a), be loaded or braced so as to prevent 
damage and short circuits in transit, and any other material loaded in 
the same vehicle must be blocked, braced, or otherwise secured to 
prevent contact with or damage to the batteries. A non-spillable 
battery which is an integral part of and necessary for the operation of 
mechanical or electronic equipment must be securely fastened in the 
battery holder on the equipment.
* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

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

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

    19. In Sec.  177.834, paragraph (j)(2) is revised to read as 
follows:


Sec.  177.834  General requirements.

* * * * *
    (j) * * *
    (2) All valves and other closures in liquid discharge systems are 
closed and free of leaks, except external emergency self-closing valves 
on MC 338 cargo tanks containing the residue of cryogenic liquids may 
remain either open or closed during transit.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

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

    21. In Sec.  178.2, paragraph (c)(1) 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, 178.338-19 and 178.345-15 of this part or for empty 
packagings meeting the requirements specified inSec.  173.29(b), the 
manufacturer or other person certifying compliance with the 
requirements of this part, and each subsequent distributor of that 
packaging must:
* * * * *
    22. In Appendix E to part 178 Figure 1 and Figure 2 are added 
following the text.

Appendix E to Part 178--Flame Penetration Resistance Test

* * * * *
BILLING CODE 4910-60-P

[[Page 24906]]

[GRAPHIC] [TIFF OMITTED] TP26AP12.000

BILLING CODE 4910-60-C

[[Page 24907]]

[GRAPHIC] [TIFF OMITTED] TP26AP12.001

BILLING CODE 4910-60-C

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

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

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.53.
    24. In Sec.  180.416, paragraph (d)(5) is revised to read as 
follows:

Sec.  180.416  Discharge system inspection and maintenance program for 
cargo tanks transporting liquefied compressed gases.

* * * * *
    (d) * * *
    (5) The operator must note each inspection in a record. That record 
must include the inspection date, the name of the person performing the 
inspection, the hose assembly identification number, the manufacturer 
of the hose assembly, the date the hose was assembled and tested, and 
an indication that the delivery hose assembly and piping system passed 
or failed the tests and inspections. A copy of each test and inspection 
record must be retained by the operator at its principal place of 
business or where the vehicle is housed or maintained until the next 
test of the same type is successfully completed.
* * * * *

    Issued in Washington, DC, on April 19, 2012, under authority 
elegated in 49 CFR part 106.
R. Ryan Posten,
Deputy Associate Administrator for Hazardous Materials Safety, Pipeline 
and Hazardous Materials Safety Administration.
[FR Doc. 2012-9895 Filed 4-25-12; 8:45 am]
BILLING CODE 4910-60-P