[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Proposed Rules]
[Pages 30976-30988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12471]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 174, 175, 176, 178, 180

[Docket No. PHMSA-2011-0142 (HM-219)]
RIN 2137-AE79


Hazardous Materials: Miscellaneous Petitions for Rulemaking (RRR)

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: In response to petitions for rulemaking submitted by the 
regulated community, PHMSA proposes to amend the Hazardous Materials 
Regulations (HMR; 49 CFR Parts 171-180) to update, clarify, or provide 
relief from miscellaneous regulatory requirements. Specifically, PHMSA 
is proposing to amend the recordkeeping and package marking 
requirements for third-party labs and manufacturers to assure the 
traceability of packaging; clarify an acceptable range in 
specifications for resins used in the manufacture of plastic drums and 
Intermediate Bulk Containers (IBCs); remove the listing for ``Gasohol, 
gasoline mixed with ethyl alcohol, with not more than 10% alcohol, 
NA1203''; harmonize internationally and provide a limited quantity 
exception for Division 4.1, Self-reactive solids and Self-reactive 
liquids Types B through F; allow smokeless powder classified as a 
Division 1.4C material to be reclassified as a Division 4.1 material to 
relax the regulatory requirements for these materials without 
compromising safety; and provide greater flexibility by allowing the 
Dangerous Cargo Manifest to be in locations designated by the master of 
the vessel besides ``on or near the vessel's bridge'' while the vessel 
is in a United States port.

DATES: Comments must be received by July 23, 2012.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Dockets Management System; U.S. Department of 
Transportation, Dockets Operations, M-30, Ground 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, between 9:00 a.m. and 5:00 p.m., Monday 
through Friday, except Federal holidays.
    Instructions: Include the agency name and docket number PHMSA-2011-
0142 (HM-219) or the Regulatory Identification Number (RIN) 2137-AE79 
for this notice of proposed rulemaking at the beginning of your 
comment. Please note that all comments received will be posted without 
change to http://www.regulations.gov, including any personal 
information provided.
    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: Access to ASTM D4976-06, Standard Specification for 
Polyethylene Plastics Molding and Extrusion Materials, discussed in 
this NPRM is available for public review during the

[[Page 30977]]

comment period at: http://www.astm.org/usdot. 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: Lisa O'Donnell at (202) 366-8553 at 
the Office of Hazardous Materials Standards, Pipeline and Hazardous 
Materials Safety Administration, U.S. Department of Transportation, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    The Administrative Procedure Act (APA) requires Federal agencies to 
give interested persons the right to petition an agency to issue, 
amend, or repeal a rule (5 U.S.C. 553(e)). PHMSA's rulemaking procedure 
regulations, in 49 CFR 106.95, provide for persons to ask PHMSA to add, 
amend, or delete a regulation by filing a petition for rulemaking 
containing adequate support for the requested action. In this NPRM, 
PHMSA (also ``we'' or ``us'') proposes to amend the HMR in response to 
petitions for rulemaking submitted by shippers, carriers, 
manufacturers, and industry representatives. These proposed revisions 
are intended to reduce regulatory burdens while maintaining or 
enhancing the existing level of safety. We discuss the petitions and 
proposals in detail in Section II of this NPRM. The following is a 
brief summary of the proposed regulatory changes.
     Revise Sec.  178.3 to clearly indicate that a manufacturer 
or third-party laboratory mark may not be used when continued 
certification of a packaging is conducted by someone other than the 
original manufacturer or third-party testing laboratory, unless 
specifically authorized by the original manufacturer or third-party 
testing laboratory;
     Revise Sec. Sec.  178.601(l), 178.801(l) and 178.955(i) to 
relax the record retention requirements for package test reports and 
provide a chart to clearly identify the retention requirements;
     Revise the Hazardous Materials Table (HMT; 49 CFR 172.101) 
by removing the listing for ``Gasohol, gasoline mixed with ethyl 
alcohol, with not more than 10% alcohol, NA1203''; and remove reference 
to gasohol in Sections Sec. Sec.  172.336(c)(4) and 172.336(c)(5) as 
gasohol is a blend of gasoline with not more than 10% ethyl alcohol and 
the listing for gasoline includes gasoline mixed with ethyl alcohol, 
with not more than 10% alcohol;
     Revise Sec.  172.101 to refer to Sec.  173.151 to 
harmonize internationally and provide a limited quantity exception for 
4.1, Self-reactive solids and Self-reactive liquids, Types B through F;
     Address a petition that asks that we extend the relief 
provided by Special Permit DOT-SP-14652 by incorporating it in the HMR 
and allowing the transport of certain hazardous materials in IM101 
portable tanks under T Codes in effect on September 30, 2001;
     Allow smokeless powder classified as a Division 1.4C 
material to be reclassified as a Division 4.1 material to relax the 
regulatory requirements for these materials without compromising 
safety;
     Add a reference in 49 CFR 178.601(c)(4) and 178.801(c)(7) 
to ASTM D4976-06 Standard Specification for Polyethylene Plastics 
Molding and Extrusion Materials to provide a range of acceptable resin 
tolerances in the plastic drum and IBC material; and
     Provide greater flexibility by allowing the Dangerous 
Cargo Manifest (DCM) to be in locations designated by the master of the 
vessel besides ``on or near the vessel's bridge'' while the vessel is 
in a United States port to ensure that the DCM is readily available to 
communicate to emergency responders and enforcement personnel the 
presence and nature of the hazardous materials on board a vessel.

 II. Proposals in This NPRM

    A. Certification Package Marking and Recordkeeping Requirements 
(P-1479)
    B. Clarification of Alcohol and Gasoline Mixtures (P-1522)
    C. Self-Reactive Solid Type F (P-1542)
    D. Plastic Drum and IBC Material Thickness Standards (P-1554) 
and (P-1564)
    E. SP 9735, Dangerous Cargo Manifest Location (P-1556)
    F. Table of Portable Tank T Codes TI--T-22 (P-1558)
    G. Smokeless Powder, Division 1.4C (P-1559)

A. Certification Package Marking and Recordkeeping Requirements (P-
1479)

    In a petition for rulemaking (P-1479), gh Package & Product, 
Testing and Consulting, Inc. requests that PHMSA consider amending the 
HMR to indicate that an entity performing continued package 
certification is not allowed to use the original manufacturer's or 
third-party laboratory's mark unless authorized by the manufacturer or 
third-party laboratory; and that package test reports are kept for a 
limited time instead of the current requirement of ``until the package 
is no longer manufactured.''
    Regarding the first issue, the petitioner states that his 
laboratory tested a package at least three times, and the package 
failed each time. Eleven years after the petitioner had tested the 
package, he learned that the package that had failed in his laboratory 
was still being manufactured and that the petitioner's symbol was being 
used on the package as the package tester's mark. For these reasons, 
the petitioner is concerned that the regulations expose the 
manufacturer and the original third-party test laboratory to potential 
liability for defective packaging and other packaging violations.
    The current regulations provide the person who is certifying 
compliance of a package the option of marking the package with a symbol 
rather than the company name and address provided that the symbol is 
registered with PHMSA's Associate Administrator for Hazardous Materials 
Safety. While it is implied that the symbol being used is that of the 
person who has registered the symbol, it is not explicit. The 
petitioner has indicated that since the regulations do not specify who 
is authorized to use the mark, some third-party retesters who did not 
initially certify the package are using the original third-party 
laboratory's symbol to certify compliance. While the symbol is 
associated with the original manufacturer or third-party laboratory, 
that entity has no control over the package being retested by someone 
else.
    Regarding the second issue, the petitioner explains that the record 
retention requirements indicate that the test report must be maintained 
at each location where the packaging is manufactured and each location 
where the design qualification tests are conducted for as long as the 
packaging is produced and for at least two years thereafter. According 
to petitioner, often the original manufacturer or third-party 
laboratory is not aware that a package is still being made. The 
petitioner seeks relief from the paperwork burden.
    In this NPRM, PHMSA is proposing to revise Sec.  178.3 to clearly 
indicate that the required marking must identify the person who is 
certifying that the packaging meets the applicable UN Standard. 
Further, for continued certification of the packaging through periodic 
retesting, the marking must identify the person who certifies that the 
packaging continues to meet the applicable UN Standard.
    In addition, to address concerns raised by the petitioner regarding 
an open-ended paperwork burden, we are proposing to revise Sec.  
178.601(l), which specifies recordkeeping requirements for testing non-
bulk packaging; Sec.  178.801(l), which specifies recordkeeping 
requirements for testing IBCs; and Sec.  178.955(i), which specifies

[[Page 30978]]

recordkeeping requirements for testing large packagings. In doing so, 
we propose to limit the document retention period for persons 
conducting initial design testing to five years beyond the next 
required periodic retest. In addition, we provide a chart to clearly 
identify the current retention requirements for test reports.

B. Clarification of Alcohol and Gasoline Mixtures (P-1522)

    In its petition (P-1522), Shell Chemicals asks PHMSA to remove from 
the HMT the listing for ``Gasohol, with not more than 10% ethanol.'' 
Shell states that the proper shipping names for ``Gasoline, includes 
gasoline mixed with ethyl alcohol (ethanol), with not more than 10% 
alcohol'' and ``Ethanol and gasoline mixture or Ethanol and motor 
spirit mixture or Ethanol and petrol mixture with more than 10% 
ethanol,'' provide the necessary entries for accurate and specific 
descriptions of these fuel blends. Consistent with the removal of 
gasohol from the HMT, Shell Chemicals asks that we remove reference to 
gasohol in Sec.  172.336(c)(4) and 172.336(c)(5), which contain hazard 
communication requirements for compartmented cargo tanks, tank cars, or 
cargo tanks containing these fuels. These provisions were amended as 
the result of a final rule issued on January 28, 2008 under Docket HM-
218D (73 FR 4699) intended to help emergency responders identify and 
respond to the hazards unique to fuel blends with high ethanol 
concentrations.
    In the January 28, 2008 final rule, we revised the entry for 
``Gasohol, gasoline mixed with ethyl alcohol, with not more than 20% 
alcohol'' to limit the applicability of the entry to gasoline mixtures 
with not more than 10% alcohol. In addition, we amended the listing for 
Gasoline, to read ``Gasoline, includes gasoline mixed with ethyl 
alcohol, with not more than 10% alcohol.'' At the time, Shell suggested 
that we remove the entry ``Gasohol, NA1203'' and revise the entry for 
``Gasoline'' to add a special provision that specifically communicates 
to shippers that the entry ``Gasoline'' may be used for gasoline and 
ethanol blends with not more than 10% ethanol for use in spark ignition 
engines. While we agreed then that Shell's suggestion had merit, we did 
not remove the entry ``Gasohol'' in HM-218D. We did however revise the 
entry ``Gasoline'' to allow for that description to be used for 
gasoline and ethanol blends with not more than 10% ethanol.
    Shell Chemicals also petitions for the removal of Special Provision 
172 from Column 7 in association with all packing groups for the Proper 
Shipping Name ``Alcohols, n.o.s.'' Special Provision 172 states that 
``this entry includes alcohol mixtures containing up to 5% petroleum 
products.'' Shell indicates that a blend of 5% gasoline and 95% alcohol 
is not an alcohol solution as indicated in Special Provision 172. They 
object to the term ``solution'' because under certain conditions such 
as low temperatures, these materials can separate. For these reasons, 
Shell states that these blends should not be permitted to be 
transported under the Alcohols, n.o.s., UN1987; rather, Denatured 
alcohol, NA 1987, and Ethanol and gasoline mixture or Ethanol and motor 
spirit mixture or Ethanol and petrol mixture, UN 3475, are more 
appropriate descriptions. While we agree that Denatured alcohol is a 
more accurate description, this proper shipping name applies to 
domestic shipments only and may not be available to imported shipments. 
Retaining reference to Special Provision 172 in the listing for 
Alcohols, n.o.s. would continue to provide a listing for international 
shipments of alcohol mixtures containing up to 5% petroleum products.
    We agree that the proper shipping names for ``Gasoline, includes 
gasoline mixed with ethyl alcohol, with not more than 10% alcohol,'' 
and ``Ethanol and gasoline mixture or Ethanol and motor spirit mixture 
or Ethanol and petrol mixture with more than 10% ethanol,'' provide the 
necessary entries for accurate and specific description of these fuel 
blends. We also agree that the proper shipping name for ``Alcohol, 
n.o.s.'' is not as specific as the listings for Gasoline, including 
gasoline mixed with ethyl alcohol, with not more than 10% alcohol, and 
Ethanol and gasoline mixture or Ethanol and motor spirit mixture or 
Ethanol and petrol mixture with more than 10% ethanol. As such, we 
propose to amend the HMT by removing the listing for ``Gasohol, 
gasoline mixed with ethyl alcohol, with not more than 10% alcohol.'' We 
also propose to revise Sec.  172.336 to remove all references to 
``gasohol'' and to add a table to more clearly indicate hazard 
communication requirements for compartmented cargo tanks, tank cars, or 
cargo tanks containing these fuels.

C. Self-Reactive Solid Type F (P-1542)

    In a petition (P-1542), the Association of Hazmat Shippers (AHS) 
requests that we amend the HMT to refer to Sec.  173.151, exceptions 
for Class 4, to provide the limited quantity exception for Self-
reactive solid, Type F materials, consistent with international 
regulations.
    According to the petitioner, imports of this material may be 
handled as limited quantities, but domestic shipments must be treated 
as fully regulated hazardous materials. They indicate that this 
situation has led to confusion and frustration, particularly upon 
reshipment of the same products either in the United States or 
internationally.
    In the interest of international harmonization and clarification, 
we propose to expand on the AHS petition and seek to authorize all 
eligible self-reactive liquid and solid material as limited quantities 
in accordance with the type and quantity of substances authorized in 
the UN Model Regulations. Accordingly, we propose to authorize types B 
through F non-temperature controlled liquid and solid self-reactive 
materials as limited quantities by amending the listings in the HMT for 
Self-reactive solids and Self-reactive liquids, Types B through F, to 
add references in column 8(a) in the HMT to Sec.  173.151 to allow 
limited quantities of Self-reactive solids and Self-reactive liquids, 
Types B through F materials to be excepted from labeling and placarding 
requirements as long as the materials meet the provisions of Sec.  
173.151.

D. Plastic Drum and IBC Material of Construction Standards (P-1554) and 
(P-1564)

    In two petitions (P-1554 and P-1564), Rigid Intermediate Bulk 
Container Association (RIBCA) and the Plastic Drum Institute (PDI) have 
indicated that their members have been cited for ``probable 
violations'' for a number of reasons pertaining to changes in material 
construction in their plastic drums and IBCs. These reasons include: 
Using multiple suppliers for a material of construction; differences in 
the material of construction; changes in material suppliers without 
performing design tests; and changes within the material suppliers 
accepted specifications for melt flow and density. In an effort to 
ensure safety and compliance when receiving each order of resin, RIBCA 
and PDI ask that we incorporate by reference ASTM D4976-06, Standard 
Specification for Polyethylene Plastics Molding and Extrusion 
Materials, which provides standard requirements for polyethylene 
plastic molding and extrusion materials. The petitioners request that 
we add a reference to ASTM D4976-06. The petitioners further ask that 
PHMSA revise the HMR to state that plastic drums or IBCs made from 
polyethylene meeting ASTM D4976-06 do not constitute a different 
package.

[[Page 30979]]

    We believe that this petition has merit in that it would provide 
acceptable ranges for the polyethylene plastics molding and extrusion 
materials used in the production of plastic drums and IBCs. For that 
reason we propose to incorporate by reference in Sec.  171.7 ASTM 
D4976-06, Standard Specification for Polyethylene Plastics Molding and 
Extrusion Materials, and revise Sec. Sec.  178.509(b)(1) and 
178.707(c)(3) to include reference to ASTM D4976-06.
    With respect to the request that we revise the HMR to state that 
plastic drums or IBCs made from polyethylene within the same density 
category of ASTM D4976-06 do not constitute a different package, we do 
not have sufficient package testing data, such as performance test 
results and transportation experience, to show whether the ranges 
allowed for plastic molding in ASTM D4976-06 provide adequate strength 
and consistency when used as a component in packagings for transporting 
hazardous materials. For this reason, we are not proposing to make that 
change.

E. SP 9735, Dangerous Cargo Manifest (DCM) Location (P-1556)

    The International Vessel Operators Dangerous Goods Association 
(IVODGA) (formerly known as the International Vessel Operators 
Hazardous Materials Association, Inc.) has asked in a petition (P-1556) 
that PHMSA revise the requirements for where the DCM is kept onboard 
when the vessel is docked in a United States port. Section 176.30(a) 
requires the DCM be ``kept in a designated holder on or near the 
vessel's bridge.'' According to IVODGA, when a vessel is underway, the 
bridge is occupied at all times and the DCM is readily accessible; 
however, when a vessel is docked in port during loading and unloading 
operations, the bridge is often left unattended and locked for security 
purposes. Thus, the requirement to keep the DCM on or near the vessel's 
bridge at all times is contrary to the purpose of the DCM, which is to 
be readily available to communicate to the crew and emergency 
responders the presence and nature of the hazardous materials on board 
a vessel.
    Given the impractical maintenance of the DCM on or near the 
vessel's bridge while docked in port, IVODGA requests that PHMSA allow 
the DCM to be kept in a place other than the bridge of the vessel. 
Hapag-Lloyd AG currently holds a special permit (DOT-SP 9735) which 
authorizes the DCM ``to be retained in a location other than on or near 
the bridge'' while subject vessels are in port. The permit requires the 
DCM to be maintained either in the vessel's cargo office or another 
location designated by the master of the vessel. The permit further 
requires the DCM to be readily accessible to emergency responders, and 
for a sign to be placed in the designated holder on or near the 
vessel's bridge indicating the location of the DCM while the vessel is 
in port. During loading and discharging operations, the vessel's cargo 
office is manned and a working copy of the DCM is updated as hazardous 
materials are loaded and discharged. This working copy, therefore, 
would contain the most complete and correct information concerning 
hazardous materials aboard the vessel at any time during the loading/
discharging process. The cargo office would also be readily accessible 
in an emergency, so the DCM would be immediately available to first 
responders.
    We agree with the petitioner that the DCM should be allowed to be 
in locations designated by the master of the vessel besides ``on or 
near the bridge'' while the vessel is docked in a United States port 
while cargo unloading, loading, or handling operations are underway and 
the bridge is unmanned. The location of the DCM chosen by the master 
must be readily accessible to emergency personnel in an emergency and 
enforcement personnel for inspection purposes. Allowing alternate 
locations of the DCM while the vessel is docked provides greater 
flexibility to the master without diminishing the DCM requirements and 
for this reason we propose to incorporate DOT-SP 9735 into Sec.  176.30 
of the HMR.

F. Table of Portable Tank T Codes TI--T-22 (P-1558)

    In a petition dated April 12, 2010 (P-1558), Magnum Mud Equipment 
Company asked PHMSA to amend the HMR to allow certain Class 3 materials 
to be transported in IM 101 portable tanks, in accordance with the 
applicable T Codes in effect on September 30, 2001. The petitioner owns 
approximately six hundred, 1,060 gallon IM 101 tanks used to support 
the oil and gas industry in the Gulf of Mexico. The tanks were built in 
accordance with IM 101 requirements and were allowed to transport 
hazardous materials commonly used in the oilfield. As a result of 
changes made to the HMR in final rule under Docket HM-215D (66 FR 
33316), in January 2010, several Hazard Class 3 materials were no 
longer allowed to be transported in IM 101 tanks, but rather were 
required to move in tanks specified in the new T Codes. The 
petitioner's interest is to allow its equipment and the equipment of 
other companies servicing the oil and gas industry to remain viable 
methods of transport to the industry.
    A few owners of IM 101 tanks applied for and were granted a special 
permit authorizing the use of the IM 101 tanks beyond January 2010. The 
permit (DOT SP-14652) authorized the transport of UN1193, Ethyl methyl 
ketone or Methyl ethyl ketone, Hazard Class 3, Packing Group II; 
UN1203, Gasoline, Hazard Class 3, Packing Group II; UN1230, Methanol, 
Hazard Class 3, Packing Group II; UN1268, Petroleum distillates, n.o.s. 
or Petroleum products, n.o.s., Hazard Class 3, Packing Group II or III; 
and NA1270, Petroleum oil, Hazard Class 3, Packing Group II or III, to 
be transported in IM 101 portable tanks under T Codes in effect on 
September 30, 2001. The special permit required that each tank must 
pass the periodic inspection and test requirements prescribed in Sec.  
180.605 for UN portable tanks. Further, the portable tanks were not to 
be used for the transportation of hazardous materials after January 1, 
2025.
    On June 4, 2010, PHMSA issued a letter indicating its intent to 
suspend Special Permit DOT-SP-14652 pending review of information 
requested of its grantees. Grantees were asked to provide the following 
information: The number of portable tanks that are operating under the 
special permit; the number of tanks no longer in service and the reason 
why they were removed from service; for each portable tank, whether in 
service or not, the manufacturer's name, build date, original test 
date, serial number, designated approval agency, water capacity in 
gallons, maximum allowable working pressure, shell thickness, the date 
and type of last periodic inspection and retest including name and 
addresses of entity performing the work; if the portable tank is 
equipped with bottom outlets, information on the number of independent 
shut off devices; if remote closure and/or thermal activation features 
are present, number and type of pressure relief devices including the 
set pressure, and whether or not the tank is equipped with a flame 
screen; for portable tanks that have been modified, including 
replacement or welding to frame members, addition or reconfiguration of 
lift lugs, information on the modification or repair to include the 
date, designated approval agency, drawing and or specification with 
bill of materials, if requested modification was previously denied and 
copy of new approval certificate if applicable.

[[Page 30980]]

    On May 26, 2011, following its review of the information grantees 
provided, PHMSA suspended Special Permit DOT-SP-14652. In its letter of 
suspension, PHMSA indicated that the special permit does not achieve an 
equivalent level of safety to maintain the safety of people, property 
and the environment as required by regulation. On June 10, 2011, Magnum 
Mud Equipment Company appealed our decision to suspend the special 
permit.
    Predicated on our safety review of the IM 101 tanks that are the 
subject of this petition, we remain of the opinion that they do not 
achieve an equivalent level of safety to maintain the safety of people, 
property and the environment as required by regulation. For this 
reason, we are denying petition P-1558 and will not incorporate DOT-SP-
14652 into the HMR.

G. Smokeless Powder, Division 1.4C (P-1559)

    The Sporting Arms and Ammunition Manufacturers Institute, Inc 
(SAAMI), in a petition (P-1559), asks PHMSA to amend Sec.  173.171 to 
allow Division 1.4C smokeless powder to be reclassified as a Class 4.1 
material. Currently Sec.  173.171 allows smokeless powder for small 
arms that has been classed in Division 1.3C (Explosive) to be 
reclassified for domestic transportation as a Class 4.1 (Flammable 
Solid) material for transportation by motor vehicle, rail car, vessel, 
or cargo-only aircraft, subject to certain conditions.
    In a final rule published on January 14, 2009 under Dockets HM-215J 
and HM-224D (74 FR 2199) PHMSA added a new description to the HMT for 
Powder, smokeless, Division 1.4C; however, the rule did not extend the 
allowance provided for Division 1.3C to the Division 1.4C materials.
    The petition maintains an equivalent or greater level of safety to 
the existing regulations. It seeks, with proper examination and 
approval, to allow a Division 1.4C material which, by definition (see 
Sec.  172.50), poses the lesser safety risk when compared with Division 
1.3 explosives, to be reclassified as a Division 4.1 material.
    We believe that this petition has merit, as Division 1.4 explosives 
pose less of a hazard in transportation than Division 1.3 explosives, 
which are already allowed to move as Class 4.1 materials. Incorporating 
this change into Sec.  173.171 will reduce the burden associated with 
transportation and storage of smokeless powder currently transported as 
a Division 1.4C explosive.

III. Section-by-Section

    Below is a section-by-section description of the changes being 
proposed in this NPRM:

Sec.  171.7

    Section 171.7 lists all standards incorporated by reference into 
the HMR that are not specifically set forth in the regulations. In this 
NPRM, PHMSA is proposing to incorporate by reference ASTM D4976-06 
Standard Specification for Polyethylene Plastics Molding and Extrusion 
Materials to provide acceptable ranges in the specifications for the 
resin used in the production of plastic drums and IBCs.

Sec.  172.101

    This section provides a hazardous materials table (HMT) that 
identifies listed materials as hazardous material for purposes of 
transportation and special provisions referred to in the HMT. In this 
NPRM, PHMSA is proposing to revise the HMT by removing the listing for 
``Gasohol, gasoline mixed with ethyl alcohol, with not more than 10% 
alcohol, NA1203.'' It also seeks to revise the 10 table entries for 
``Self-reactive liquid'' and ``Self-reactive solid'', types B through 
F, non-temperature controlled, by adding a reference to Section 173.151 
in column (8A).

Sec.  172.336

    This section provides identification number marking requirements 
and exceptions for certain transport vehicles and freight containers. 
In this NPRM, PHMSA is proposing to revise Sec.  172.336 to remove all 
references to ``gasohol.'' In addition, we are proposing to add a table 
that will more clearly indicate the identification number marking 
requirements for compartmented cargo tanks, tank cars, or cargo tanks 
containing these fuels.

Sec.  173.151

    This section provides exceptions for Class 4 materials. PHMSA is 
proposing to revise this section by adding paragraphs (b)(1)(ii) and 
(b)(1)(iii) that prescribe limited quantity requirements for Types B 
through F self-reactive liquids and solids (non-temperature 
controlled).

Sec.  173.171

    This section provides exceptions for the transportation of 
smokeless powder for small arms. Currently Sec.  173.171 allows 
smokeless powder for small arms that has been classed in Division 1.3 
(Explosive) to be reclassified for domestic transportation as a Class 
4.1 (Flammable Solid) material for transportation by motor vehicle, 
rail car, vessel, or cargo-only aircraft, subject to certain 
conditions. In this NPRM, PHMSA is proposing to amend Sec.  173.171 to 
also allow Division 1.4 smokeless powder to be reclassified as a Class 
4.1 material.

Sec.  176.30

    Section 176.30 specifies the regulations pertaining to the DCM for 
transportation by vessel. In this NPRM, PHMSA is proposing to revise 
this section to allow the DCM to be in locations designated by the 
master of the vessel besides ``on or near the bridge'' while the vessel 
is docked in a United States port.

Sec.  178.3

    This section specifies marking on packagings represented as 
manufactured to a DOT specification or a UN standard. In this NPRM, 
PHMSA is proposing to revise Sec.  178.3 to clearly indicate that the 
required marking must identify the person who certifies that the 
packaging meets the applicable UN Standard.

Sec.  178.509

    Section 178.509 specifies standards for plastic drums. In this 
NPRM, PHMSA is proposing to amend this section to reference ASTM D4976-
06 Standard Specification for Polyethylene Plastics Molding and 
Extrusion Materials to provide acceptable ranges in the specifications 
for the resin used in the production of plastic drums.

Sec.  178.601

    This section provides the general requirements for testing non-bulk 
packagings and packages. In this NPRM, PHMSA is proposing to revise 
paragraph (l) of section 178.601 to limit the document retention period 
for persons conducting initial design testing to five years beyond the 
next required periodic retest. In addition, we propose to provide a 
chart to clearly identify the current retention requirement for test 
reports.

Sec.  178.707

    Section 178.707 specifies standards for composite IBCs. In this 
NPRM, PHMSA is proposing to amend this section to reference ASTM D4976-
06 Standard Specification for Polyethylene Plastics Molding and 
Extrusion Materials to provide acceptable ranges in the specifications 
for the resin used in the production of IBCs.

Sec.  178.801

    This section provides the general requirements for testing IBCs. In 
this NPRM, PHMSA is proposing to revise

[[Page 30981]]

paragraph (l) of section 178.801 to limit the document retention period 
for persons conducting initial design testing to five years beyond the 
next required periodic retest. In addition, we propose to provide a 
chart to clearly identify the current retention requirement for test 
reports.

Sec.  178.955

    This section provides the general requirements for testing large 
packagings. In this NPRM, PHMSA is proposing to revise paragraph (i) of 
section 178.955 to limit the document retention period for persons 
conducting initial design testing to five years beyond the next 
required periodic retest. In addition, we propose to provide a chart to 
clearly identify the current retention requirement for test reports.

IV 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. This rule proposes to amend the recordkeeping and 
package marking requirements for third-party labs and manufacturers to 
assure the traceability of packaging; clarify an acceptable range in 
specifications for resins used in the manufacture of plastic drums and 
IBC's; remove the listing for ``Gasohol, gasoline mixed with ethyl 
alcohol, with not more than 10% alcohol, NA1203''; harmonize 
internationally and provide a limited quantity exception for 4.1, Self-
reactive solids and Self-reactive liquids, Types B through F; allow 
smokeless powder classified as a Division 1.4C material to be 
reclassified as a Division 4.1 material to relax the regulatory 
requirements for these materials without compromising safety; and 
provide greater flexibility by allowing the Dangerous Cargo Manifest to 
be in locations designated by the master of the vessel besides ``on or 
near the vessel's bridge'' while the vessel is in a United States port.

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

    This NPRM is not considered a significant regulatory action under 
section 3(f) Executive Order 12866 and, therefore, 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 U.S. Department of Transportation (44 FR 
11034).
    In this NPRM, 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; 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 for this proposed rulemaking. 
Specifically, in this rulemaking PHMSA is responding to seven petitions 
that have been submitted by the public in accordance with the 
Administrative Procedure Act and PHMSA's rulemaking procedure 
regulations, in 49 CFR 106.95. Key issues covered by the petitions 
include requests from the public to revise the packaging requirements, 
clarify the HMR pertaining to alcohol and gasoline mixtures, and allow 
additional exceptions for the classification of smokeless powder used 
for small arms ammunition.

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 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, marking, 
labeling, 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

[[Page 30982]]

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 petitions for rulemaking. While maintaining 
safety, it would relax certain requirements that are overly burdensome 
and provide clarity where requested by the regulated community 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 proposed changes are generally intended to provide relief to 
shippers, carriers, and packaging manufactures and testers, including 
small entities. Therefore, this proposed rule will not have a 
significant economic impact on a substantial number of small entities; 
however, it will provide economic relief to some small businesses. For 
example, limiting the document retention period for persons conducting 
initial design testing of packages to five years beyond the next 
required periodic retest, as proposed, should reduce the paperwork 
burden for some small businesses.
    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. We anticipate a decrease in this information collection 
burden due to the elimination of the application process for a special 
permit and a reduction in document retention time if adopted in this 
rule.

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.

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.

Description of Action

Docket No. PHMSA-2011-0142 (HM-219), 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:
     Revise Sec.  178.3 to indicate that a manufacturer or 
third-party laboratory mark may not be used when continued 
certification of a packaging is conducted by someone other than the 
original manufacturer or third-party testing laboratory, unless 
specifically authorized by the original manufacturer or third-party 
testing laboratory;
     Revise Sec. Sec.  178.601(l), 178.801(l) and 178.955(i) to 
require that the test report must be maintained at each location where 
the packaging is manufactured and each location where the design 
qualification tests are conducted for the duration of the certification 
plus five years beyond the last certification, instead of the current 
requirement of until the package in no longer made;
     Revise the HMT by removing the listing for ``Gasohol, 
gasoline mixed with ethyl alcohol, with not more than 10% alcohol, 
NA1203,'' and remove reference to gasohol in Sec.  172.336(c)(4) and 
172.336(c)(5);
     Revise Sec.  172.101 to refer to Sec.  173.151 to provide 
the limited quantity exception for Division 4.1, Self-reactive solids 
and Self-reactive liquids, Types B through F, consistent with 
international regulations;
     Allow smokeless powder classified as a Division 1.4C 
material to be reclassified as a Division 4.1 material to relax the 
regulatory requirements for these materials without compromising 
safety;
     Add a reference in 49 CFR 178.509(b)(1) and 178.707(c)(3) 
to ASTM D4976-06 Standard Specification for Polyethylene Plastics 
Molding and Extrusion Materials to provide a range of acceptable 
thicknesses in the IBC material; and
     Allow the DCM to be in locations designated by the master 
of the vessel besides ``on or near the vessel's bridge'' while the 
vessel is docked in a U.S. port to ensure that the DCM is readily 
available to communicate the presence and nature of the hazardous 
materials on board a vessel. This revision would provide greater 
flexibility by allowing the document to be maintained in either the 
vessel's cargo office or another location designated by the master of 
the vessel.
    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, finalize 
outstanding petitions for rulemaking, and facilitate international 
commerce. We rejected the do-nothing alternative.
    Alternative (2): Go forward with the proposed amendments to the HMR 
in this NPRM.

[[Page 30983]]

    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 material 
regulatory system is a risk management system that is prevention 
oriented and focused on identifying a safety hazard and reducing the 
probability and quantity of a hazardous material release. Hazardous 
materials are categorized by hazard analysis and experience into hazard 
classes and packing groups. The regulations require each shipper to 
classify a material in accordance with these hazard classes and packing 
groups; the process of classifying a hazardous material is itself a 
form of hazard analysis. Further, the regulations require the shipper 
to communicate the material's hazards through use of the hazard class, 
packing group, and proper shipping name on the shipping paper and the 
use of labels on packages and placards on transport vehicles. Thus, the 
shipping paper, labels, and placards communicate the most significant 
findings of the shipper's hazard analysis. A hazardous material is 
assigned to one of three packing groups based upon its degree of 
hazard, from a high hazard, Packing Group I to a low hazard, Packing 
Group III. 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. For the most 
part, the adverse environmental impacts associated with releases of 
most hazardous materials are short term impacts that can be reduced or 
eliminated through prompt clean up and decontamination of the accident 
scene.
    The proposed packaging changes would establish greater 
accountability for certifying packages, reduce paperwork for the 
affected package testing agencies, and potentially reduce package 
failures that result in hazardous materials incidents. The amendments 
that harmonize the HMR with international standards and recommendations 
are intended to enhance the safety of international hazardous materials 
transportation through an increased level of industry compliance, the 
smooth flow of hazardous materials from their points of origin to their 
points of destination, and effective emergency response in the event of 
a hazardous materials incident. The proposed revision regarding where 
the DCM is keep when a vessel is in a U.S. port should help to expedite 
a response to an emergency and reduce the environmental impact to a 
hazardous materials spill.

Conclusion

    PHMSA proposes to make miscellaneous amendments to the HMR in 
response to petitions for rulemaking. 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; finalize outstanding 
petitions for rulemaking; facilitate international commerce; and, in 
general, make the requirements easier to understand and follow. While 
the net environmental impact of this rule will be positive, we believe 
there will be no significant environmental impacts associated with this 
proposed rule. We welcome comment on this preliminary analysis.

List of Agencies Consulted

U.S. Coast Guard
U.S. Department of Agriculture (USDA)
U.S. Department of Energy
U.S. Department of Interior
U.S. Department of Justice
U.S. Environmental Protection Agency

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.

K. Executive Order 13609 International Trade Analysis

    Under E.O. 13609, agencies must consider whether the impacts 
associated with significant variations between domestic and 
international regulatory approaches are unnecessary or may impair the 
ability of American business to export and compete internationally. In 
meeting shared challenges involving health, safety, labor, security, 
environmental, and other issues, international regulatory cooperation 
can identify approaches that are at least as protective as those that 
are or would be adopted in the absence of such cooperation. 
International regulatory cooperation can also reduce, eliminate, or 
prevent unnecessary differences in regulatory requirements.
    Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as 
amended by the Uruguay Round Agreements Act (Pub. L. 103-465), 
prohibits Federal agencies from establishing any standards or engaging 
in related activities that create unnecessary obstacles to the foreign 
commerce of the United States. For purposes of these requirements, 
Federal agencies may participate in the establishment of international 
standards, so long as the standards have a legitimate domestic 
objective, such as providing for safety, and do not operate to exclude 
imports that meet this objective. The statute also requires 
consideration of international standards and, where appropriate, that 
they be the basis for U.S. standards.
    PHMSA participates in the establishment of international standards 
in order to protect the safety of the American public, and we have 
assessed the effects of the proposed rule to ensure that it does not 
cause unnecessary obstacles to foreign trade. In this NPRM, PHMSA is 
proposing to revise the HMR to align with international standards by: 
Removing reference to ``gasohol''; providing a limited quantity 
exception for 4.1, Self-reactive solids and Self-reactive liquids, 
Types B through F; and allowing smokeless powder classified as a 
Division 1.4C material to be reclassified as a Division 4.1 material. 
These amendments are intended to enhance the safety of international 
hazardous materials transportation through an increased level of 
industry compliance, ensure the smooth flow of hazardous materials from 
their points of origin to their points of destination, and facilitate 
effective emergency response in the event of a hazardous materials 
incident. Accordingly, this rulemaking is consistent with E.O. 13609 
and PHMSA's obligations under the Trade Agreement Act, as amended.

[[Page 30984]]

List of Subjects

49 CFR Part 171

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

49 CFR Part 172

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

49 CFR Part 173

    Hazardous materials transportation, Training, Packaging and 
containers, Reporting and recordkeeping requirements.

49 CFR Part 176

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

49 CFR Part 178

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

    In consideration of the foregoing, we are proposing to amend 49 CFR 
Chapter I as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

    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.

    1. In Sec.  171.7, the paragraph (a)(3) table is amended as 
follows:
    Under the entry ``The American Society for Testing and Materials,'' 
the entry ``ASTM D4976-06, Standard Specification for Polyethylene 
Plastics Molding and Extrusion Materials'' is added in appropriate 
numerical order.


Sec.  171.7  Reference Material.

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

----------------------------------------------------------------------------------------------------------------
             Source and name of material                                   49 CFR reference
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
American Society for Testing and Materials, 100 Barr
 Harbor Drive, West Conshohoken, PA 19428, telephone
 610-832-9585, http://www.astm.org:
 
                                                  * * * * * * *
ASTM D4976-06 Standard Specification for              178.601(c)(4), 178.801(c)(7).
 Polyethylene Plastics Molding and Extrusion
 Materials, published December, 2006.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

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

    The authority citation for Part 172 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 1.53.
    2. In Sec.  172.101, The Hazardous Materials Table is amended by 
removing and revising entries, in the appropriate alphabetical sequence 
as follows.
* * * * *


Sec.  172.101  Hazardous Materials Table.

BILLING CODE 4910-60-P

[[Page 30985]]

[GRAPHIC] [TIFF OMITTED] TP24MY12.000


[[Page 30986]]


[GRAPHIC] [TIFF OMITTED] TP24MY12.001

BILLING CODE 4910-60-C
* * * * *

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

    3. In Sec.  172.102, Special provision 16 is revised to read, as 
follows:
* * * * *
    16 This description applies to smokeless powder and other solid 
propellants that are used as powder for small arms and have been 
classed as Division 1.3, 1.4 and 4.1 in accordance with Sec.  173.56 of 
this subchapter.
* * * * *
    4. In Sec.  172.336, paragraphs (c)(4),(5), and (6) are revised, as 
follows:


Sec.  172.336  Identification numbers.

* * * * *
    (c) Identification Numbers are not required on:

----------------------------------------------------------------------------------------------------------------
            Packaging--                         When--             Then the Alternative Marking Requirement is--
----------------------------------------------------------------------------------------------------------------
On the ends of portable tanks,       They have more than one      The identification numbers on the sides of the
 cargo tanks, or tank cars.           compartment and hazardous    tank are displayed in the same sequence as
                                      materials with different     the compartments containing the materials
                                      identification numbers are   they identify.
                                      being transported therein.
On cargo tanks.....................  They contain only gasoline.  The tank is marked ``Gasoline'' on each side
                                                                   and rear in letters no less than 50 mm (2
                                                                   inches) high, or is placarded in accordance
                                                                   with Sec.   172.542(c).
On cargo tanks.....................  They contain only fuel oil.  The cargo tank is marked ``Fuel Oil'' on each
                                                                   side and rear in letters no less than 50 mm
                                                                   (2 inches) high, or is placarded in
                                                                   accordance with Sec.   172.544(c).
On cargo tanks.....................  They contain different       The identification number for the liquid
                                      petroleum distillate fuels.  petroleum distillate fuel having the lowest
                                                                   flash point is displayed; the cargo tank that
                                                                   contains such petroleum distillate fuels
                                                                   together with gasoline and alcohol fuel
                                                                   blends consisting of more than ten percent
                                                                   ethanol and the identification number
                                                                   ``3475'' is also displayed.
On compartmented cargo tanks or      They contain different       The identification number for the liquid
 tank cars.                           petroleum distillate fuels.  petroleum distillate having the lowest flash
                                                                   point is displayed. If the compartmented
                                                                   cargo tank or tank car also contains a
                                                                   gasoline and alcohol fuel blends consisting
                                                                   of more than 10% ethanol the identification
                                                                   number ``3475'' or ``1987'' must also
                                                                   displayed.
On nurse tanks.....................  They meet the provisions of  N/A
                                      Sec.   173.315(m) of this
                                      subchapter.
----------------------------------------------------------------------------------------------------------------


[[Page 30987]]

* * * * *

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

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

    5. Section 173.171 is amended to include a new subparagraph (d) and 
to move current subparagraph (d) to subparagraph (e) to read as 
follows:


Sec.  173.171  Smokeless powder for small arms.

    Smokeless powder for small arms which has been classed in Division 
1.3 or Division 1.4 may be reclassed in Division 4.1, for domestic 
transportation by motor vehicle, rail car, vessel, or cargo-only 
aircraft, subject to the following conditions:
    (a) The powder must be examined and approved for a Division 1.3 or 
Division 1.4 and Division 4.1 classification in accordance with 
Sec. Sec.  173.56 and 173.58 of this part.
    (b)The total quantity of smokeless powder may not exceed 45.4 kg 
(100 pounds) net mass in:
    (1) One rail car, motor vehicle, or cargo-only aircraft; or
    (2) One freight container on a vessel, not to exceed four freight 
containers per vessel.
    (c) For Division 1.3: only combination packagings with inner 
packagings not exceeding 3.6 kg (8 pounds) net mass are authorized. 
Inner packagings must be arranged and protected so as to prevent 
simultaneous ignition of the contents. The complete package must be of 
the same type that has been examined as required in Sec.  173.56 of 
this part.
    (d) For Division 1.4: only combination packagings with inner 
packagings not exceeding the net mass that have been examined and 
approved as required in Sec.  173.56 of this part are authorized. Inner 
packagings must be arranged and protected so as to prevent simultaneous 
ignition of the contents. The complete package must be of the same type 
that has been examined as required in Sec.  173.56 of this part.
    (e) Inside packages that have been examined and approved by the 
Associate Administrator may be packaged in UN 4G fiberboard boxes 
meeting the Packing Group I performance level, provided all inside 
containers are packed to prevent shifting and the net weight of 
smokeless powder in any one box does not exceed 7.3 kg (16 pounds).
* * * * *

PART 176--CARRIAGE BY VESSEL

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

    6. In Sec.  176.30, paragraph (a) is revised to read as follows:


Sec.  176.30  Dangerous cargo manifest.

    (a) The carrier, its agents, and any person designated for this 
purpose by the carrier or agents must prepare a dangerous cargo 
manifest, list, or stowage plan. This document may not include a 
material that is not subject to the requirements of the HMR or the IMDG 
Code (IBR, see Sec.  171.7 of this subchapter). This document must be 
kept on or near the vessel's bridge, except when the vessel is docked 
in a United States port. When the vessel is docked in a United States 
port, this document may be kept in the vessel's cargo office or another 
location designated by the master of the vessel provided that a sign is 
placed beside the designated holder on or near the vessel's bridge 
indicating the location of the dangerous cargo manifest, list, or 
stowage plan. This document must always be in a location that is 
readily accessible to emergency response and enforcement personnel. It 
must contain the following information:
* * * * *

Section 178 Specifications for Packagings

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

    7. In Sec.  178.3, paragraph (a)(2) is revised to read as follows:


Sec.  178.3  Marking of packaging.

    (a) * * *
    (2) Unless otherwise specified in this part, the name and address 
or symbol of the packaging manufacturer or the person certifying 
compliance with a UN standard. Symbols, if used, must be registered 
with the Associate Administrator. Symbols must represent either the 
packaging manufacturer or the approval agency responsible for providing 
the most recent certification for the packaging through design 
certification testing or periodic retesting, as applicable. Duplicative 
symbols are not authorized.
* * * * *
    8. In Sec.  178.509, paragraph (b)(1) is revised to read as 
follows:


Sec.  178.509  Standards for plastic drums and jerricans.

* * * * *
    (b) * * *
    (1) The packaging must be manufactured from suitable plastic 
material and be of adequate strength in relation to its capacity and 
intended use. The specification of the plastic material may not fall 
outside the parameters established by ASTM D4976-06 (IBR, see Sec.  
171.7 of this subchapter). No used material other than production 
residues or regrind from the same manufacturing process may be used 
unless approved by the Associate Administrator. The packaging must be 
adequately resistant to aging and to degradation caused either by the 
substance contained or by ultra-violet radiation. Any permeation of the 
substance contained may not constitute a danger under normal conditions 
of transport.
* * * * *
    9. In Sec.  178.601, paragraph (l) is revised to read as follows:


Sec.  178.601  General requirements.

* * * * *
    (l) Record retention. Following each design qualification test and 
each periodic retest on a packaging, a test report must be prepared. 
The test report must be maintained as follows:
    The test report must be maintained at each location where the 
packaging is manufactured, certified, and a design qualification test 
or periodic retest is conducted. The test report must be maintained as 
follows:

----------------------------------------------------------------------------------------------------------------
         Responsible party                                             Duration
----------------------------------------------------------------------------------------------------------------
Person manufacturing the packaging.  As long as manufactured and two years thereafter.
Person performing design testing...  Until next periodic retest and five years thereafter.
Person performing periodic           Until next periodic retest.
 retesting.
----------------------------------------------------------------------------------------------------------------

    The test report must be made available to a user of a packaging or 
a representative of the Department upon request. The test report, at a 
minimum, must contain the following information: * * *
* * * * *

[[Page 30988]]

    10. In Sec.  178.707, paragraph (c)(3) is revised to read as 
follows:


Sec.  178.707  Standards for composite IBCs.

* * * * *
    (c) * * *
    (3) The inner receptacle must be manufactured from plastic material 
of known specifications and be of a strength relative to its capacity 
and to the service it is required to perform use. The specification of 
the plastic material may not fall outside the parameters established by 
ASTM D4976-06 (IBR, see Sec.  171.7 of this subchapter). In addition to 
conformance with the requirements of Sec.  173.24 of this subchapter, 
the material must be resistant to aging and to degradation caused by 
ultraviolet radiation. The inner receptacle of 31HZ2 composite IBCs 
must consist of at least three plies of film.
* * * * *
    11. In Sec.  178.801, paragraph (l) is revised to read as follows:


Sec.  178.801  General Requirements.

* * * * *
    (l) Record retention. (1) The person who certifies an IBC design 
type must keep records of design qualification tests for each IBC 
design type and for each periodic design requalification as specified 
in this part. These records must be maintained at each location where 
the IBC is manufactured and at each location where design qualification 
and periodic design requalification testing is performed. The test 
report must be maintained as follows:

----------------------------------------------------------------------------------------------------------------
         Responsible party                                             Duration
----------------------------------------------------------------------------------------------------------------
Person manufacturing the packaging.  As long as manufactured and two years thereafter.
Person performing design testing...  Until next periodic retest and five years thereafter.
Person performing periodic           Until next periodic retest.
 retesting.
----------------------------------------------------------------------------------------------------------------

    These records must include the following information: Name and 
address of test facility; name and address of the person certifying the 
IBC; a unique test report identification; date of test report; 
manufacturer of the IBC; description of the IBC design type (e.g., 
dimensions, materials, closures, thickness, representative service 
equipment, etc.); maximum IBC capacity; characteristics of test 
contents; test descriptions and results (including drop heights, 
hydrostatic pressures, tear propagation length, etc.). Each test report 
must be signed with the name of the person conducting the test, and 
name of the person responsible for testing.
* * * * *
    12. In Sec.  178.955, paragraph (i) is revised to read as follows:


Sec.  178.955  General Requirements.

* * * * *
    (i) Record retention. Following each design qualification test and 
each periodic retest on a Large Packaging, a test report must be 
prepared. The test report must be maintained at each location where the 
Large Packaging is manufactured and each location where the design 
qualification tests are conducted. The test report must be maintained 
as follows:

----------------------------------------------------------------------------------------------------------------
         Responsible party                                             Duration
----------------------------------------------------------------------------------------------------------------
Person manufacturing the packaging.  As long as manufactured and two years thereafter.
Person performing design testing...  Until next periodic retest and five years thereafter.
Person performing periodic           Until next periodic retest.
 retesting.
----------------------------------------------------------------------------------------------------------------

    The test report must be made available to a user of a Large 
Packaging or a representative of the Department of Transportation upon 
request. The test report, at a minimum, must contain the following 
information: * * *
* * * * *

    Issued in Washington, DC, on May 18, 2012 under authority 
delegated in 49 CFR Part 106.
William Schoonover,
Deputy Associate Administrator, Field Operations, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2012-12471 Filed 5-23-12; 8:45 am]
BILLING CODE 4910-60-P