Federal Register, Volume 77 Issue 204 (Monday, October 22, 2012)

[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Proposed Rules]
[Pages 64450-64461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25853]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 172, 173, 175, and 178

[Docket No. PHMSA-2011-0158 (HM-233C)]
RIN 2137-AE82

Hazardous Materials: Incorporation of Certain Special Permits and
Competent Authorities Into Regulations

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The Pipeline and Hazardous Materials Safety Administration is
proposing to amend the Hazardous Materials Regulations to incorporate
provisions contained in certain widely used or longstanding special
permits and certain competent authority approvals (``approvals'') that
have established safety records. Special permits allow a company or
individual to package or ship a hazardous material in a manner that
varies from the regulations provided an equivalent level of safety is
maintained. An approval is a written consent (document) required under
an international standard (i.e., International Maritime Dangerous Goods
(IMDG) Code, International Civil Aviation Organization (ICAO)), or is
specifically provided for in the HMR, and is issued by the Associate
Administrator for Hazardous Materials Safety. These proposed revisions
are intended to provide wider access to the regulatory flexibility
offered in special permits and approvals and eliminate the need for
numerous renewal requests, reducing paperwork burdens and facilitating
commerce while maintaining an appropriate level of safety.
Additionally, this rulemaking will address three petitions for
rulemaking regarding the continued use of renewal applications for long
standing special permits.

DATES: Written comments should be submitted on or before December 21,
2012.

ADDRESSES: You may submit comments by identification of the docket
number (PHMSA-2011-0158; HM-233C) by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Fax: 1-202-493-2251.
Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
Instructions: All submissions must include the agency name and
docket number for this notice at the beginning of the comment. All
comments received will be posted without change to the Federal Docket
Management System (FDMS), including any personal information.
Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
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 (Volume 65, Number 70;
Pages 19477-78).

FOR FURTHER INFORMATION CONTACT: Steven Andrews, Office of Hazardous
Materials Safety, Standards and Rulemaking Division, (202) 366-8553,
or, Diane LaValle, Office of Hazardous Materials Safety, Approvals and
Permits Division, (202) 366-4535, Pipeline and Hazardous Materials
Safety Administration (PHMSA), 1200 New Jersey Avenue SE., Washington,
DC 20590.

SUPPLEMENTARY INFORMATION:

I. Executive Summary
II. Background
III. Overview of Proposed Amendments
IV. Summary Review of Amendments
V. Regulatory Analyses and Notices

I. Executive Summary

PHMSA is proposing to amend the Hazardous Materials Regulations
(HMR; 49 CFR parts 171-180) to incorporate several long standing
special permit and competent authorities into the HMR. The identified
special permits and competent authorities have a long history of
safety. Special permits allow a company or individual to package or
ship a hazardous material in a manner that varies from the hazardous
materials regulations (HMR) provided an equivalent level of safety is
maintained. A competent authority (CA) approval is a written consent
(document) required under an international standard (i.e.,
International Maritime Dangerous Goods (IMDG) code or International
Civil Aviation Organization (ICAO)) and is issued by the Associate
Administrator for Hazardous Materials Safety.
In 2009, an audit of the Special Permits program by the Office of
the Inspector General identified a need for an ongoing review of all
open special permits with an outlook towards identifying those that
should be made part of the HMR to reduce the overall economic burden to
both affected industry and the government. Four rulemakings, HM-233A
(75 FR 27205), HM-245 (76 FR 5483), and HM-216B (77 FR 37962) have
successfully codified certain special permits into the HMR. These
revisions provided wider access to the regulatory flexibility offered
in special permits and eliminate the need for numerous renewal
requests, thus reducing paperwork burdens and facilitating commerce
while maintaining an appropriate level of safety.
This notice of proposed rulemaking (NPRM), HM-233C, continues this

[[Page 64451]]

initiative by proposing to incorporate several additional long-standing
special permits and competent authority approvals with proven safety
records into the HMR. The special permits affected by the proposed rule
represent variances from current regulations on topics categorized as
follows:
Limited quantities of liquids and solids containing ethyl
alcohol.
Transportation of solid coal tar pitch compounds.
Transportation of certain ammonia solutions in UN1H1 and
UN6HA1 drums.
Transportation of spent bleaching earth.
Requalification of non-DOT specification cylinders in
life-saving appliances.
Use of regulated medical waste containers displaying
alternative markings.
Incorporation of Oxygen Generator special permits to
harmonize with FAA Modernization and Reform Act of 2012.
The economic impact of the proposed rule can thus be summarized as
follows: NET Cost: $0. Currently, industry must apply for a special
permit in order to ship materials as described in this NPRM.
Incorporation of these special permits into the HMR will reduce the
burden on industry by no longer requiring industry to apply for a
special permit to ship these materials. Therefore, this proposed rule
does not impose any new costs to industry.
NET Benefits: $4,539 per year. (Averaged over 10 years, at a 7%
annual discount rate.)
In addition to general positive economic impacts noted above, there
are known benefits by the elimination of the need for numerous party-to
applications and renewal requests. PHMSA estimates that the
incorporation of these special permits and competent authority
approvals will result in 140 fewer responses per year.

II. Background

PHMSA is proposing to amend the HMR to incorporate certain
requirements based on existing special permits (SPs) issued by PHMSA
under 49 CFR Part 107, Subpart B (Sec. Sec. 107.101 to 107.127) and
certain approvals issued under 49 CFR Part 107, Subpart D (Sec. Sec.
107.401 to 107.405). A special permit sets forth alternative
requirements--or a variance--to the requirements in the HMR in a way
that achieves a safety level at least equal to the safety level
required under the regulations or that is consistent with the public
interest. See 49 CFR 107.105(d). Congress expressly authorized DOT to
issue these variances in the Hazardous Materials Transportation Act (US
Code: 49 USC 5109-5127) as amended. An approval is a written consent
(document) required under an international standard (i.e., IMDG Code,
ICAO), or is authorized in a specific section of the HMR and is issued
by the Associate Administrator for Hazardous Materials Safety.

Special Permits

The HMR generally are performance-oriented regulations, which
provide the regulated community with some flexibility in meeting safety
requirements. Even so, not every transportation situation can be
anticipated and built into the regulations. Innovation is the strength
of our economy and the hazardous materials community is a leader in
developing new materials and technologies and innovative ways of moving
materials. Special permits enable the hazardous materials industry to
quickly, effectively, and safely integrate new products and
technologies into production and the transportation stream. Thus,
special permits provide a mechanism for testing new technologies,
promoting increased transportation efficiency and productivity, and
ensuring global competitiveness. Hazardous materials transported under
the terms of a special permit must achieve a level of safety at least
equal to the level of safety achieved when transported under the HMR or
that is consistent with the public interest. Implementation of new
technologies and operational techniques may enhance safety. Special
permits also reduce the volume and complexity of the HMR by addressing
unique or infrequent transportation situations that would be difficult
to accommodate in regulations intended for use by a wide range of
shippers and carriers.
PHMSA conducts ongoing reviews of special permits to identify
widely used and longstanding special permits with established safety
records for conversion into regulations of broader applicability.
Converting these special permits into regulations reduces paperwork
burdens and facilitates commerce while maintaining an acceptable level
of safety. Additionally, adoption of special permits as rules of
general applicability provides wider access to the benefits and
regulatory flexibility of the provisions granted in the special
permits. Factors that influence whether or not a specific special
permit is a candidate for regulatory action include: the safety record
for hazardous materials transported or operations conducted under a
special permit; potential broad application of a special permit;
suitability of provisions in the special permit for incorporation into
the HMR; rulemaking activity in related areas; and agency priorities.
The special permits addressed in this NPRM have hundreds of party
status holders. Party status is granted to a person who intends to
offer for transportation or transport a hazardous material or perform
an activity subject to the HMR in the same manner as the original
applicant.
The proposed amendments will eliminate the need for approximately
464 current holders to reapply for renewal of 20 special permits. This
will also reduce the burden on PHMSA to process renewal applications.
These proposals will also apply to any special permits this agency
issues during the development of this rulemaking whose provisions are
identical in every respect to those described in the rulemakings issued
under this docket. To emphasize this, we preface the description of the
affected special permits with the wording ``include'' or ``includes''
to clarify that additional special permits issued after the publication
of this NPRM that are identical in every aspect as those specifically
listed in this NPRM may be incorporated under these amendments.
Incorporation of the special permits into the HMR eliminates
significant paperwork burdens. As a condition of a special permit
issued by PHMSA and depending on the provisions of the special permit,
a copy of each special permit must be: (1) Maintained at each facility
where an operation is conducted or a packaging is manufactured under a
special permit; (2) maintained at each facility where a package is
offered or re-offered for transportation under a special permit; and
(3) in some cases, carried aboard each transport vehicle used to
transport a hazardous material under a special permit.

Competent Authority Approvals

The HMR also allows for PHMSA to grant approvals to companies or
organizations for the manufacturing of packages in accordance with the
HMR. PHMSA has identified approvals that have an established safety
record to incorporate into the HMR. The approvals PHMSA identified for
conversion into the HMR have an established safety record and warrant
incorporation into regulations of broader applicability. Converting
these approvals into regulations reduces paperwork burdens and
facilitates commerce while maintaining an acceptable level of safety. A
copy of each approval must be maintained at each facility where a
packaging is

[[Page 64452]]

manufactured under this approval. The incorporation of component
authority approval eliminates the renewal and maintenance requirements
that were previously required. Additionally, adoption of approvals as
rules of general applicability provides wider access to the benefits
and regulatory flexibility of the provisions granted in the approvals.
Factors that influence whether a specific approval is a candidate for
regulatory action include: the safety record, whether broadly
applicable, related rulemakings, and agency priorities.

III. Overview of Proposed Amendments

In this NPRM, PHMSA is proposing to revise the HMR by providing:

Special Permits

DOT-SP 9275--Authorization for the transportation in
commerce of certain limited quantities of liquids and solids containing
ethyl alcohol and exempt these shipments from the provisions of the
HMR.
DOT-SP 11263--Authorization for the transportation of
Class 9 solid coal pitch compounds in non-specification open-top or
closed-top sift proof metal cans or fiber drums.
DOT-SP 11836--Authorization for the transportation in
commerce of UN1H1 and UN6HA1 drums containing ammonia solutions that do
not meet certain requirements contained in Sec. Sec. 173.24 and
173.24a.
DOT-SP 13124--Authorizations for the transportation of
ammonia solutions in UN1H1 and UN6HA1 drums by private or contract
carrier.
DOT-SP 12134--Authorization of exceptions for spent
bleaching earth (Division 4.2 PG III).
DOT-SP 12825--Authorization for the transportation of
Life-saving appliances, self inflating, that contain non-specification
steel cylinders between a vessel and an authorized facility for
servicing.
DOT-SP 14479--Authorization for the use of alternative
shipping names and marking requirements for regulated medical wastes.
Special Permits for Harmonization with the ``FAA
Modernization and Reform Act of 2012''--PHMSA is adding an exception to
the HMR for Oxygen cylinders and other Oxidizing cylinders transported
aboard aircraft within the state of Alaska. This language will make
several existing special permits no longer necessary. This includes the
following special permits: 14903, 14908, 15062, 15075, 15076, 15077,
15078, 15079, 15092, 15094, 15095, and 15143.

Approvals

CA2005120010--Authorization to manufacture, mark, and sell
UN4G combination packagings with outer fiberboard boxes and with inner
fiberboard components that have basis weights that vary by not more
than plus or minus 5% from the measured basis weight in the initial
design qualification test report.
CA20060660005--Authorization to manufacture, mark, and
sell UN5M1 and UN5M2 multi-wall paper bags with individual paper wall
basis weights that vary by plus or minus 5% from the nominal basis
weights reported in the initial design qualification test report.
CA2006060006--Authorization to manufacture, mark, and sell
UN4G combination packagings with outer fiberboard components that have
individual containerboard basis weights that vary by plus or minus 5%
from the nominal basis weight reported in the initial design.
CA2006010012--Authorization to manufacture, mark, and sell
UN4G combination packagings with outer fiberboard boxes and with inner
fiberboard components that have individual containerboard basis weight
that vary by plus or minus 5% from the nominal basis weight reported in
the initial design qualification test report.

Revision to Approvals Renewals

PHMSA is proposing to revise this section to allow for
approval holders applying for a timely renewal to continue using their
approval after the expiration date if they apply within 60 days of the
expiration dates.

IV. Summary Review of Amendments

A. Limited Quantities of Liquids and Solids Containing Ethyl Alcohol

DOT-SP 9275 authorized the transportation in commerce of certain
limited quantities of liquids and solids containing ethyl alcohol and
exempts these shipments from the provisions of HMR. This special permit
has been in effect since at least 1985 and had been utilized by
hundreds of companies. However, on August 18, 2011 PHMSA found that SP
9275 did not provide a level of safety at least equivalent to the HMR
due to the lack of hazard communications markings. PHMSA issued a
revised version of SP 9275 to address the lack of hazard communication
markings on August 18, 2011.
This rulemaking also will address two petitions for rulemaking
related to SP 9275. A petition from the Association of Hazmat Shippers
(AHS) (P-1574) requests PHMSA to incorporate the provisions of SP 9275.
A petition for rulemaking was also received from the Council on Safe
Transportation of Hazardous Articles (COSTHA) (P-1585) to incorporate
SP 9275. COSTHA and the AHS noted that SP 9275 has been in existence
for 30 years with little evidence of incidents involving the packaging,
shipment, or operations conducted under the SP. Both of these petitions
were supportive of incorporating the provisions of SP 9275 into the
HMR.
Therefore, PHMSA is proposing to incorporate the terms of SP 9275
as revised on August 18, 2011. PHMSA is proposing to allow certain
limited quantities of ethyl alcohol to be exempted from the applicable
provisions of the HMR provided that the outer packagings are marked
with hazard communication information identifying the company name and
the words ``Contains Ethyl Alcohol.'' PHMSA is proposing to add Sec.
173.151(g) to allow for the shipment of limited quantities of ethyl
alcohol provided they meet the prescribed conditions.

B. Transportation of Solid Coal Tar Pitch Compounds

DOT-SP 11263 authorizes the transportation of solid coal tar pitch
compounds, Class 9, in open-top and closed-top sift-proof metal cans or
fiber drums. The special permit has been in effect since 1994 and has
been utilized by 5 holders with an acceptable safety performance. In
addition, PHMSA has no reported incidents over the past 10 years
involving this special permit.
PHMSA proposes to incorporate the terms of DOT-SP 11263 into the
HMR by amending the entry in Sec. 172.101, The Hazardous Materials
Table (HMT), for Environmentally hazardous substances, solids, n.o.s.,
UN 3077, by adding a new Special Provision N91 in Column 7. In
addition, in Sec. 172.102 new Special Provision N91 would be added in
appropriate sequence specifically authorizing the use of a non-DOT
specification sift-proof, non-bulk, metal can with or without lid, or a
non-DOT specification sift-proof, non-bulk fiber drum, with or without
lid. The fiber drum would be required to be fabricated with a three ply
wall, as a minimum. The coal tar pitch compound must remain in a solid
mass during transportation.

C. Transportation of Certain Ammonia Solutions in UN1H1 Drums, UN3H1
Jerricans, and UN6HA1 Composite Packagings

DOT-SP 11836 authorizes the transportation of specific ammonia
solutions in specification UN1H1

[[Page 64453]]

drums, UN3H1 jerricans, and UN6HA1 composite packagings that do not
meet the provisions in Sec. Sec. 173.24 and 173.24a. Specific
operational controls are required in lieu of compliance with these two
requirements. This special permit has been in effect since 1997 and has
been utilized by at least 61 holders with an acceptable safety
performance. In addition, PHMSA has no reported incidents over the past
10 years involving this special permit.
PHMSA proposes to incorporate the terms of DOT-SP 11836 into the
HMR by amending the entry in the HMT for Ammonia solutions, relative
density between 0.880 and 0.957 at 15 degrees C in water, with more
than 10 percent but not more than 35 percent ammonia, UN 2672, by
adding a new Special Provision 336 in Column 7. In addition, in Sec.
172.102 new Special Provision 336 would be added in appropriate
sequence specifically authorizing the use of DOT UN1H1drums, UN3H1
jerricans, and UN6HA1 composite packagings which meet the requirements
of Part 178 of the HMR at the Packing Group I or II performance level
except that the packagings do not meet the venting requirements in
Sec. 173.24(g) and the hydrostatic pressure test marking specified in
Sec. 173.24a(b)(4). Transportation of these packages would also
require the door of each van trailer to be marked with ``Warning
trailer may contain chemical vapor. Do not enter until vapors have
dissipated.'' The driver of the transport vehicle and the consignee(s)
must be trained not to enter the transport vehicle until the ammonia
vapors have dissipated, and the emergency response paper must indicate
that the vehicle may contain ammonia vapors.

D. Transportation of Spent Bleaching Earth

DOT-SP 12134 authorizes the transportation of spent bleaching earth
as a Division 4.2, solid, PG III, exempt from the provisions of the
HMR, except as specifically required by the special permit. Packagings
authorized under the special permit are non-specification, sift-proof
dump or hopper type vehicles, and sift-proof roll-on/roll-off bulk
bins. All authorized packaging must be covered by a tarpaulin, metal
cover, or equivalent means during transportation. The special permit
also includes specific operational controls, including: The temperature
of the spent bleaching earth may not exceed 55 [deg]C at the time it is
offered for transportation and any time during transportation; drivers
must be specifically trained in handling and responding to emergency
incidents involving the spent bleaching earth; and transport vehicles
must be marked in accordance with Sec. 172.302(a). This special permit
has been in effect since 1999 and has been utilized by at least 27
holders with an acceptable safety performance. In addition, PHMSA has
no reported incidents over the past 10 years involving this special
permit.
PHMSA proposes to incorporate the terms of DOT-SP 12134 into the
HMR by amending the entry in the HMT for self-heating solid, organic,
n.o.s. (spent bleaching earth), UN 3088, by adding a new Special
Provision, B116 in Column 7. In addition, in Sec. 172.102 new Special
Provision B116 would be added in appropriate sequence specifically
authorizing the use of non specification, sift-proof dump or hopper
type motor vehicles, and sift-proof roll-on/roll-off bulk bins, which
must be covered by a tarpaulin, metal cover, or equivalent means. The
material would also be subject to operational controls including not
exceeding a temperature of 55 [deg]C (130[emsp14][deg]F) during
transportation, not exceeding a transportation time of 24 hours, and
drivers transporting spent bleaching earth must be trained in the
properties and hazards of the spent bleaching earth and the actions
required to mitigate the self-heating properties of the material that
may occur during the transportation.

E. Requalification of Non-DOT Specification Cylinders in Life-Saving
Appliances

DOT-SP 12825 authorizes the transportation of life-saving
appliances, self inflating, that contain non-DOT specification steel
cylinders for the purpose of movement between a vessel and a U.S. Coast
Guard approved inflatable life raft servicing facility in conjunction
with the servicing of such life-saving appliances. Specific operational
controls are specified. This special permit has been in effect since
2001 and has been utilized by at least 54 holders with acceptable
safety performance. In addition, PHMSA has no reported incidents since
2001 involving this special permit.
PHMSA proposes to incorporate the terms of DOT-SP 12825 into the
HMR by revising the entry in the HMT for Life-saving appliances, self
inflating, UN 2990, by adding a new Special Provision 338 in Column 7.
In addition, in Sec. 172.102, new Special Provision 338 would be added
in appropriate sequence requiring that Life-saving appliances, self
inflating, UN 2990 being shipped between a vessel and a U.S. Coast
Guard approved life raft servicing facility only be subject to the
requirements of this special provision. A material meeting the
requirements of the special provision would not otherwise be subject to
the HMR.

F. Use of Regulated Medical Waste Containers Displaying Alternative
Markings

DOT-SP 14479 authorizes the continued use of regulated medical
waste containers manufactured before October 1, 2006 and marked with an
alternative shipping name for UN 3291 and orientation arrows that
deviate from prescribed specifications. This special permit has been in
effect since 2007 and has been utilized by at least 22 holders. In
addition, PHMSA has no reported incidents since 2007 involving this
special permit.
PHMSA proposes to incorporate the terms of DOT-SP 14479 into the
HMR by amending the entry in the HMT for Regulated Medical Waste,
n.o.s., UN 3088, by adding a new Special Provision, 337 in Column 7.
Special Provision 337 would allow for the use of regulated waste
containers marked with the alternative shipping name of Regulated
medical waste, UN 3291 and orientation arrows that deviate from the
prescribed specifications in Sec. 172.312(a)(2).

G. Incorporation of Oxygen Generator Special Permits To Harmonize With
FAA Modernization and Reform Act of 2012

Section 824 of the FAA Modernization and Reform Act of 2012
includes a provision that allows for exceptions for cylinders of
compressed oxygen or other oxidizing gases transported in the State of
Alaska aboard aircraft. By incorporating this statutory exception into
the HMR, PHMSA believes that following special permits will no longer
be necessary: 14903, 14908, 15062, 15075, 15076, 15077, 15078, 15079,
15092, 15094, 15095, and 15143. These special permits all provided
exceptions for the transportation of Oxygen and other Division 2.2
Oxidizing gases for transportation aboard aircraft in the state of
Alaska. PHSMA proposes to incorporate the terms of these special
permits in Sec. 175.34.

H. Competent Authority CA2005120010 for Approval of Equivalent
Packagings

This approval authorizes the manufacturing, marking, and selling of
UN4G combination packagings with outer fiberboard boxes and with inner
fiberboard components that have basis weights that vary by not more
than plus or minus 5% from the measured basis weight in the initial
design qualification test report. This approval was issued in 2009 and
has demonstrated an

[[Page 64454]]

acceptable safety performance. PHMSA has no reported incidents
involving this approval. PHMSA proposes to incorporate the terms of
CA2005120010 into the HMR in Sec. 178.516(b)(7).

I. Competent Authority CA2006060005 for Approval of Equivalent
Packagings

This approval authorizes the manufacture, mark, and sale of UN5M1
and UN5M2 multi-wall paper bags with individual paper wall basis
weights that vary by not more than plus or minus 5% from the nominal
basis weights reported in the initial design qualification test report.
This approval was issued in 2009 and has demonstrated an acceptable
safety performance. PHMSA has no reported incidents involving this
approval. PHMSA proposes to incorporate the terms of CA2006060005 in
Sec. 178.521(b)(4).

J. Competent Authority CA2006060006 for Approval of Equivalent
Packagings

This approval authorizes the manufacture, mark, and sale of UN4G
combination packagings with outer fiberboard components that have
individual containerboard basis weights that vary by not more than plus
or minus 5% from the nominal basis weight reported in the initial
design. This approval was issued in 2009 and has demonstrated an
acceptable safety performance. PHMSA has no reported incidents
involving this approval. PHMSA proposes to incorporate the terms of
CA2006060006 in Sec. 178.516(b)(7).

K. Competent Authority CA2006010012 for Approval of Equivalent
Packagings

This competent authority authorizes the manufacture, mark, and sale
of UN4G combination packagings with outer fiberboard boxes and with
inner fiberboard components that have individual containerboard basis
weight that vary by not more than plus or minus 5% from the nominal
basis weight reported in the initial design qualification test report.
This approval was issued in 2006 and has demonstrated an acceptable
safety performance. PHMSA has no reported incidents involving this
approval. PHMSA proposes to incorporate the terms of CA2006010012 in
Sec. 178.516(b)(7).

L. Revision of Sec. 107.709 for Renewing Approvals

PHMSA is proposing to revise this section to allow approval holders
applying for a renewal to continue using their approval after the
expiration date if they apply at least 60 days before the expiration
date. PHMSA received a petition (P-1571) from Lawrence Bierlein that
requested this change. This petition was accepted and HMR language is
being proposed.

V. Rulemaking Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

This NPRM is published under the authority of 49 U.S.C. 5103(b)
which authorizes the Secretary to prescribe regulations for the safe
transportation, including security, of hazardous material in
intrastate, interstate, and foreign commerce. 49 U.S.C. 5117(a)
authorizes the Secretary of Transportation to issue a special permit
from a regulation prescribed in 5103(b), 5104, 5110, or 5112 of the
Federal Hazardous Materials Transportation Law to a person
transporting, or causing to be transported, hazardous material in a way
that achieves a safety level at least equal to the safety level
required under the law, or consistent with the public interest, if a
required safety level does not exist. The proposed rule would amend the
regulations by incorporating provisions from certain widely used and
longstanding special permits that have established a history of safety
and which may, therefore, be converted into the regulations for general
use.

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

This proposed rule is considered a non-significant regulatory
action under section 3(f) and was reviewed by the Office of Management
and Budget (OMB). The proposed rule is considered a non-significant
rule under the Regulatory Policies and Procedures order issued by the
Department of Transportation [44 FR 11034]. 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. By building off of each other, these two Executive Orders 12866
and 13563 require agencies to regulate in the ``most cost-effective
manner,'' to make a ``reasoned determination that the benefits of the
intended regulation justify its costs,'' and to develop regulations
that ``impose the least burden on society.''
In this notice, PHMSA proposes to amend the HMR to incorporate
alternatives this agency has permitted under widely used and
longstanding special permits and approvals with established safety
records that we have determined meet the safety criteria for inclusion
in the HMR. Incorporation of these special permits and approvals into
regulations of general applicability will provide shippers and carriers
with additional flexibility to comply with established safety
requirements, thereby reducing transportation costs and increasing
productivity. In addition, the proposed rule would reduce the paperwork
burden on industry and this agency resulting from putting an end to the
need for renewal applications for special permits. Taken together, the
provisions of this proposed rule would promote the continued safe
transportation of hazardous materials while reducing transportation
costs for the industry and administrative costs for the agency.
The impact of this proposed rule is presumed to be minor as no new
costs will be imposed upon any stakeholders and those that currently
hold special permits and CAs will find some relief from regulatory
review for current practices. This proposed rule would make provisions
that are currently approved in certain special permits available to all
businesses operating in the U.S. without needing to submit party-to
special permit applications to PHMSA, and current permit holders will
no longer need renewals. Over the past decade, approximately 464
companies have applied for and/or renewed the special permits included
in this proposal. Many of these special permits have had positive
economic impacts by allowing companies to be excepted from requirements
in the HMR when shipping certain quantities/types of materials or by
allowing the use of less expensive non-specification packages when
certain provisions are met. It is difficult to quantify the savings
these special permits have allowed, but it should be noted that these
savings would be extended to other firms that would make use of the
provisions once adopted into regulations. PHMSA calculates that this
rulemaking would result in a paperwork reduction that, on average,
saves each applicant $39.50. PHMSA estimates that over a 10-year period
there will be an estimated benefit total totaling $18,328 affecting
approximately 140 entities. In accordance with the Federal hazardous
materials law (49 U.S.C. 5101 et seq.), initial issuances of special
permits are for two years and can be renewed for four years thereafter.
Thus, over 10 years, a special permit would on average be renewed twice
for a total benefit of between $43,000 and $47,000. These figures are
discounted annually by 3 and 7 percent to reflect the time value of
money.
This Notice also proposes to incorporate four approvals into the
HMR. This would allow manufacturers

[[Page 64455]]

of affected hazardous materials packaging to continue manufacturing
packages without the need to renew their approvals. Incorporation of
the four approvals would result in a one-time total economic benefit of
$158. The renewal cycle for approvals can vary based on the applicant
needs and regulatory authority, but are typically renewed every five
years. At both 3 and 7 percent annual discount, this yields over $270
in benefits. Total benefits represent a small but positive sum (between
$46,000 and $52,000) over 10 years affecting approximately 140
entities.

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 governments. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply. Federal hazardous
material transportation law, 49 U.S.C. 5101-5128, contains an express
preemption provision (49 U.S.C. 5125(b)) preempting state, local and
Indian tribe requirements on certain covered subjects. Covered subjects
are:
(1) The designation, description, and classification of hazardous
materials;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials; or
(5) The designing, manufacturing, fabricating, inspecting, marking,
maintaining, reconditioning, repairing, or testing a package, container
or packaging component that is represented, marked, certified, or sold
as qualified for use in transporting hazardous material in commerce.
This proposed rule addresses covered subject items (2), (3), and
(5) and would preempt any State, local, or Indian tribe requirements
not meeting the ``substantively the same'' standard. 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. The effective date may not be earlier than the
90th day following the date of issuance of the final rule and not later
than two years after the date of issuance. PHMSA proposes the effective
date of federal preemption will be 90 days from publication of the
final rule in this matter in the Federal Register.

D. Executive Order 13175

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

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

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities.
An agency must conduct a regulatory flexibility analysis unless it
determines and certifies that a rule is not expected to have a
significant impact on a substantial number of small entities. This
proposed rule incorporates into the HMR certain widely used special
permits. Incorporation of these special permits into regulations of
general applicability will provide shippers and carriers with
additional flexibility to comply with established safety requirements,
thereby reducing transportation costs and increasing productivity.
Entities affected by the proposed rule conceivably include all
persons--shippers, carriers, and others--who offer and/or transport in
commerce hazardous materials. The specific focus of the rule is on the
incorporation of special permits into the HMR. In a review of the
companies using the identified special permits, PHMSA identified a
combination of small and large businesses that would be affected
positively by this rulemaking. For example, the proposed rulemaking
excepts certain shipments from the specific documentation requirements
of the HMR; these exceptions will increase shipping options and reduce
shipment costs. Overall, this proposed rule should reduce the
compliance burden on the regulated industries, such as small businesses
that dispose of medical waste, transporters of limited quantities of
ethyl alcohol, and airlines transporting oxygen generators, without
compromising transportation safety and should provide a slight positive
economic benefit (i.e., reduced compliance burden) for those small
entities. Therefore, we certify that this proposed rulemaking will not
have a significant economic impact on a substantial number of small
entities. For example, special permit 9275 will no longer require
businesses to apply for a special permit in order to ship common retail
items such as cosmetics that would normally be shipped as a class 3
material.
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

PHMSA has an approved information collection under OMB Control
Number 2137-0051, ``Rulemaking, Special Permits, and Preemption
Requirements.'' This NPRM may result in a decrease in the annual burden
and costs under this information collection due to proposed changes to
incorporate provisions contained in certain widely used or longstanding
special permits that have an established safety record.
Under the Paperwork Reduction Act of 1995, no person is required to
respond to an information collection unless it has been approved by OMB
and displays a valid OMB control number. Section 1320.8(d), title 5,
Code of Federal Regulations requires that PHMSA provide interested
members of the public and affected agencies an opportunity to comment
on information and recordkeeping requests.
This proposed rule identifies a revised information collection
request that PHMSA will submit to OMB for approval based on the
requirements in this proposed rule. PHMSA has developed burden
estimates to reflect changes in this proposed rule. PHMSA estimates
that the information collection and recordkeeping burden of this
proposed rule is as follows:
OMB Control No. 2137-0051:
Net Decrease in Annual Number of Respondents: 434.
Net Decrease in Annual Responses: 434.
Net Decrease in Annual Burden Hours: 434.
Net Decrease in Annual Burden Costs: $17,143.

[[Page 64456]]

PHMSA specifically requests comments on the information collection
and recordkeeping burdens associated with developing, implementing, and
maintaining these requirements for approval under this proposed rule.
Requests for a copy of this information collection should be
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous
Materials Standards (PHH-11), Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001,
Telephone (202) 366-8553.
Address written comments to the Dockets Unit as identified in the
ADDRESSES section of this rulemaking. We must receive comments
regarding information collection burdens prior to the close of the
comment period identified in the DATES section of this rulemaking. In
addition, you may submit comments specifically related to the
information collection burden to the PHMSA Desk Officer, Office of
Management and Budget, at fax number (202) 395-6974.

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 contained in the heading of
this document may be used to cross-reference this action with the
Unified Agenda.

H. Unfunded Mandates Reform Act of 1995

This proposed rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$141.3 million or more to either state, local or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.

I. Environmental Assessment

The National Environmental Policy Act, 42 U.S.C. 4321-4375,
requires that federal agencies analyze proposed actions to determine
whether the action will have a significant impact on the human
environment. The Council on Environmental Quality (CEQ) regulations
requires 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. 40 CFR 1508.9(b).
The Need for the Proposed Action
This Notice proposes to allow transportation of the following
hazardous materials and packages in ways that vary from certain other
provisions in the HMR: UN 3291 medical waste, non-DOT specification
steel cylinders for use in life-saving appliances, limited quantities
of liquids and solids containing ethyl alcohol, UN3077 coal tar pitch
compounds, UN 3088 spent bleaching earth, UN 2672 ammonia solutions,
and compressed gases with a subsidiary hazard of 5.1. These hazardous
materials are capable of affecting human health and the environment if
a release were to occur. However, incorporation of these special
permits maintains an equivalent level of safety as provided in the
special permits. These special permits have a long history of
transporting the above mentioned hazardous materials safely and without
any effects on the environment. Therefore, we do not anticipate any
significant positive or negative impacts on the environment by
incorporating these special permits into the HMR.
The need for hazardous materials to support essential services
means transportation of highly hazardous materials is unavoidable.
However, these shipments frequently move through densely populated or
environmentally sensitive areas where the consequences of an incident
could be loss of life, serious injury, or significant environmental
damage. The ecosystems that also could be affected by a hazardous
materials release during transportation include atmospheric, aquatic,
terrestrial, and vegetal resources (for example, wildlife habitats).
The adverse environmental impacts associated with releases of most
hazardous materials are short-term impacts that can be greatly reduced
or eliminated through prompt clean-up of the incident scene.
In all modes of transport, the potential for environmental damage
or contamination exists when packages of hazardous materials are
involved in transportation incidents. The special permits and approvals
being proposed for incorporating into the HMR have consistently
demonstrated a long history of safe use. In its review of these special
permits and approval, PHMSA did not identify any incidents that had a
significant effect on the environment.
Alternatives to the Proposed Action
The purpose and need of this rulemaking is to incorporate widely
used special permits or those with an established safety record into
the HMR for universal use. More information about benefits of this
final rulemaking action can be found in the preamble (i.e., ``Overview
of Proposed Amendments) to this rulemaking. The alternatives considered
in the analysis include (1) the proposed action, that is, incorporation
of the proposed special permits as amendments to the HMR; (2)
incorporation of some subset of the proposed special permits (i.e.,
only some of the proposed special permits) as amendments to the HMR;
and (3) the ``no action'' alternative, meaning that none of the
proposed special permits would be incorporated into the HMR.
Analysis of the Alternatives
(1) Incorporate All Special Permits
There are no significant environmental impacts associated with the
proposals in this NPRM. We are proposing clarifications and changes to
certain HMR requirements to include methods for packaging, describing,
and transporting hazardous materials that are currently permitted under
widely used special permits with established safety records for
inclusion in the HMR. The process through which safety permits are
issued requires the applicant to demonstrate that the alternative
transportation method or packaging proposed provides an equivalent
level of safety as that provided in the HMR. Implicit in this process
is that the special permit must provide an equivalent level of
environmental protection as that provided in the HMR. Thus,
incorporation of the special permits as regulations of general
applicability maintain the existing environmental protections built
into the HMR.
(2) Incorporation of a Subset of Special Permits
Same as alternative 1.
(3) No Action
If no action is taken then Special Permits will continue to be
issued resulting in no change to the current potential affects to the
environment.
Comments From Agencies and Public
PHMSA solicits comments about potential environmental impacts
associated with this rulemaking from other agencies, stakeholders, and
citizens.

J. Privacy Act

Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the

[[Page 64457]]

comment (or signing the comment, if submitted on behalf of an
association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70, pages 19477-78), or at http://www.regulations.gov.

K. Executive Order 13609 and 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. Accordingly, this
rulemaking is consistent with E.O. 13609 and PHMSA's obligations.

List of Subjects

49 CFR Part 107

Administrative practice and procedure, Hazardous materials
transportation, Penalties, 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, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.

49 CFR Part 175

Hazardous materials transportation, Air carriers, Incorporation by
reference, Radioactive materials, 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 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

1. The authority citation for part 107 continues to read as
follows:

Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4
(28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L.
104-134 section 31001; 49 CFR 1.45, 1.53.
2. In Sec. 107.709, paragraph (g) is added to read as follows:

Sec. 107.709 Processing of an application for approval, including an
application for renewal or modification.

* * * * *
(g) If, at least 60 days before an existing approval expires the
holder files an application for renewal that is complete and conforms
to the requirements of this section, the approval will not expire until
final administrative action on the application for renewal has been
taken.

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

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

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

4. In Sec. 172.101, in the Hazardous Materials Table, the
following entries are revised:

Sec. 172.101 Purpose and use of hazardous materials table.

* * * * *

[[Page 64458]]

Sec. 172.101 Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous (8) Packaging (Sec. 173.***) (9) Quantity limitations (see (10) Vessel stowage
materials Special ------------------------------------------------ Sec. Sec. 173.27 and -----------------------------
Symbols descriptions Hazard class or Identification PG Label Codes provisions (Sec. -------------175.75)------------
and proper division Nos. 172.102) Exception Non-bulk Bulk Passenger Cargo aircraft Location Other
shipping names aircraft/rail only
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(1) (2)........... (3).............. (4) (5)........... (6)........... (7).............. (8A).......... (8B).......... (8C).......... (9A).......... (9B).......... (10A)........ (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Ammonia 8................ UN2672 III........... 8............. 336, IB3, IP8, 154........... 203........... 241........... 5L............ 60L........... A............ 40, 52, 85
solutions, T7, TP1.
relative
density
between 0.880
and 0.957 at
15 degrees C
in water,
with more
than 10
percent but
not more than
35 percent
ammonia.

* * * * * * *
Environmentall 9................ UN3077 III........... 9............. 8, 146, A11, B54, 155........... 213........... 240........... No Limit...... No Limit...... A............ .............
y hazardous IB8, IP3, N20,
substances, T1, TP33, N91.
solid, n.o.s..

* * * * * * *
Life-saving 9................ UN2990 .............. None.......... 338.............. None.......... 219........... None.......... No limit...... No limit...... A............ .............
appliances,
self
inflating.

[[Page 64459]]

* * * * * * *
Regulated 6.2.............. UN3291 II............ 6.2........... 41, A13, 337..... 134........... 197........... 197........... No limit...... No limit...... B............ 40
medical
waste, n.o.s.
or Clinical
waste,
unspecified,
n.o.s. or
(BIO) Medical
waste,
n.o.s., or
Biomedical
waste, n.o.s.
or Medical
waste, n.o.s..

* * * * * * *
Self-heating 4.2.............. UN3088 III........... 4.2........... IB6, IP2, B116, None.......... 212........... 241........... 15kg.......... 50kg.......... C............ .............
solid, N91, T3, TP33.
organic,
n.o.s..

* * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 64460]]

* * * * *
5. In Sec. 172.102:
a. In paragraph (c)(1), special provisions 336, 337, and 338 are
added;
b. In paragraph (c)(3), special provision B116 is added; and
c. In paragraph (c)(5), special provision N91 is added.
The additions read as follows:

Sec. 172.102 Special provisions.

* * * * *
(c) * * *
(1) * * *

Code/Special Provisions

* * * * *
336 The use of UN1H1 drums, UN3H1 jerricans, and UN6HA1 composite
packagings which meet the requirements of Part 178 of the HMR at the
Packing Group I or II performance level except that the packagings are
not required to meet the venting requirements in Sec. 173.24(g) and
the hydrostatic pressure test marking specified in Sec. 173.24a(b)(4)
is required. Shipment of packages under this special provision must be
made by private or contract motor carrier. Transportation of these
packages also requires the door of each van trailer to be marked with
``Warning trailer may contain chemical vapor. Do not enter until vapors
have dissipated.'' The driver of the transport vehicle and the
consignee(s) must be trained not to enter the transport vehicle until
the ammonia vapors have dissipated, and the emergency response paper
must indicate that the vehicle contains ammonia vapors. Transport
vehicles must be vented to prevent accumulation of vapors at a
poisonous or flammable concentration.
337 Authorizes the use of regulated waste containers marked with
the alternative shipping name of Regulated medical waste, UN3291 and
orientation arrows that deviate from the prescribed specifications in
Sec. 172.312(a)(2).
338 Life Saving appliances, self inflating, transported between a
U.S. Coast Guard approved inflatable life raft servicing facility and a
vessel are only subject to the following requirements:
a. Prior to repacking into the life-saving appliance, an installed
inflation cylinder must successfully meet and pass all inspection and
test criteria and standards of the raft manufacturer and the vessel
Flag State requirements for cylinders installed as part of life-saving
appliances, self inflation (UN2990) used on marine vessels.
Additionally each cylinder must be visually inspected in accordance
with CGA pamphlet, CGA C-6. A current copy of CGA pamphlet, CGA C-6
must be available at the facility servicing the life-saving appliance.
b. An installed inflation cylinder that requires recharging must be
filled in accordance with Sec. 173.301(l).
c. Every installed inflation cylinder, as associated equipment of
the life-saving appliance, must be packed within the protective
packaging of the life raft and the life raft itself must otherwise be
in compliance with Sec. 173.219.
d. The serial number for each cylinder must be recorded as part of
the life-saving appliance service record by the U.S. Coast Guard-
approved servicing facility.
* * * * *
(3) * * *
B116 The use of non specification, sift-proof dump or hopper type
vehicles, and sift-proof roll-on/roll-off bulk bins, which must be
covered by a tarpaulin, metal cover, or equivalent means is authorized
for the transportation of spent bleaching earth by motor vehicle. The
material is also subject to operational controls which include not
exceeding a temperature of 55 [deg]C (130 [deg]F) at the time it is
offered or during transportation, not exceeding a transportation time
of 24 hours, and drivers transporting spent bleaching earth must be
trained in the properties and hazards of the spent bleaching earth.
* * * * *
(5) * * *
N91 The use of a non specification sift-proof, non-bulk, metal can
with or without lid, or a non specification sift-proof, non-bulk fiber
drum, with or without lid is authorized when transporting coal tar
pitch compounds by motor vehicle or rail freight. The fiber drum must
to be fabricated with a three ply wall, as a minimum. The coal tar
pitch compound must be in a solid mass during transportation.
* * * * *

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

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

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

7. In Sec. 173.151, paragraph (g) is added to read as follows.

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

* * * * *
(g) Limited quantities of ethyl alcohol. (1) Consumer products
containing not more than 70% ethyl alcohol are excepted from the HMR
provided that:
(i) For non-glass inner packagings the volume cannot exceed 1
gallon in capacity;
(ii) For glass inner packagings the volume cannot exceed 16 ounces
in capacity;
(iii) The net liquid contents of all inner packagings in any single
outer packaging may not exceed 192 fluid ounces. The net solid contents
of all inner packagings in any single outer packaging may not exceed 32
pounds. The gross weight of any single outer package shipped may not
exceed 65 pounds; and
(iv) Packages must be marked with the company name and the words
``Contains Ethyl Alcohol'';
(2) Consumer products containing more than 70% ethyl alcohol are
excepted from the HMR provided that:
(i) For inner packagings the volume cannot exceed 8 fluid ounces in
capacity;
(ii) Solids are not packed in inner packagings exceeding \1/2\
pound in weight;
(iii) The net liquid contents of all inner packagings in any single
outer packaging may not exceed 192 fluid ounces. The net solid contents
of all inner packagings in any single outer packaging may not exceed 32
pounds. The gross weight of any single outer package shipped may not
exceed 65 pounds; and
(iv) Packages must be marked with the company name and the words
``Contains Ethyl Alcohol'';
(3) For transportation by passenger or cargo aircraft, no outer
package may be transported which contains an inner packaging exceeding:
(i) 16 fluid ounces of flammable liquid, or
(ii) 1 pound of solids containing flammable liquid.

PART 175--CARRIAGE BY AIRCRAFT

8. The authority citation for part 175 continues to read as
follows:

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

9. Add Sec. 175.34 to read as follows:

Sec. 175.34 Exceptions for cylinders of compressed oxygen or other
oxidizing gases transported within the State of Alaska.

(a) When transported in the State of Alaska, cylinders of
compressed oxygen or other oxidizing gases aboard aircraft are excepted
from all the requirements of Sec. 173.302(f)(3) through (5) and Sec.
173.304(f)(3) through (5) of this subchapter subject to the following
conditions:
(1) Transportation of the cylinders by a ground-based or water-
based mode of

[[Page 64461]]

transportation is unavailable and transportation by aircraft is the
only practical means for transporting the cylinders to their
destination;
(2) Each cylinder is fully covered with a fire or flame resistant
blanket that is secured in place; and
(3) The operator of the aircraft complies with the applicable
notification procedures under Sec. 175.33.
(b) Aircraft restrictions: This exception only applies to the
following types of aircraft:
(1) Cargo-only aircraft transporting the cylinders to a delivery
destination that receives cargo-only service at least once a week.
(2) Passenger and cargo-only aircraft transporting the cylinders to
a delivery destination that does not receive cargo only service once a
week.

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

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

11. In Sec. 178.516, add paragraph (b)(7) to read as follows:

Sec. 178.516 Standards for fiberboard boxes.

* * * * *
(b) * * *
(7) Authorization to manufacture, mark, and sell UN4G combination
packagings with outer fiberboard boxes and with inner fiberboard
components that have individual containerboard or paper wall basis
weights that vary by not more than plus or minus 5% from the nominal
basis weight reported in the initial design qualification test report.
12. In Sec. 178.521, add paragraph (b)(4) to read as follows:

Sec. 178.521 Standards for paper bags.

* * * * *
(b) * * *
(4) UN5M1 and UN5M2 multi wall paper bags that have paper wall
basis weights that vary by not more than plus or minus 5% from the
nominal basis weight reported in the initial design qualification test
report.

Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2012-25853 Filed 10-19-12; 8:45 am]
BILLING CODE 4910-60-P