[Federal Register Volume 78, Number 47 (Monday, March 11, 2013)]
[Rules and Regulations]
[Pages 15303-15331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04198]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

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

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


Hazardous Materials; Miscellaneous Amendments (RRR)

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

ACTION: Final rule.

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SUMMARY: PHMSA is amending the Hazardous Materials Regulations (HMR) to 
make miscellaneous amendments to update and clarify certain regulatory 
requirements. These amendments promote safer transportation practices, 
eliminate unnecessary regulatory requirements, address a petition for 
rulemaking, incorporate a special permit into the HMR, facilitate 
international commerce, and simplify the regulations. These amendments 
also update various entries in the Hazardous Materials Table (HMT) and 
corresponding special provisions, clarify the lab pack requirements for 
temperature-controlled materials, and require hazmat employers to make 
hazmat employee training records available upon request to an 
authorized official of the Department of Transportation (DOT) or an 
entity explicitly granted authority to enforce the HMR.

DATES: Effective Date: This rule is effective May 10, 2013.
    Voluntary Compliance Date: Voluntary compliance with all amendments 
is authorized March 11, 2013.

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

SUPPLEMENTARY INFORMATION: 

Contents

I. Background
    A. Notice of Proposed Rulemaking (NPRM)
    B. Commenters
II. Discussion of Amendments and Applicable Comments
    A. General Comments
    B. Provisions Adopted in This Final Rule and Discussion of 
Comments
    C. Comments Beyond the Scope of This Rulemaking
    D. Provisions Not Adopted in This Final Rule and Discussion of 
Comments
III. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for the Rulemaking
    B. Executive Order 12866, Executive Order 13563 and DOT 
Regulatory Policies and Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies
    F. Paperwork Reduction Act
    G. Regulatory Identifier Number (RIN)
    H. Unfunded Mandates Reform Act
    I. Environmental Assessment
    J. Privacy Act
    K. International Trade Analysis

I. Background

A. Notice of Proposed Rulemaking (NPRM)

    On April 26, 2012, PHMSA published a NPRM under Docket PHMSA 2011-
0138 [77 FR 24885] (HM-218G) that proposed amendments to update and 
clarify existing requirements of the HMR. The NPRM and this Final Rule 
are part of the Department of Transportation's Retrospective Regulatory 
Review (RRR) designed to identify ways to improve the Hazardous 
Materials Regulations (HMR; 49 CFR parts 171-180). The NPRM proposed 
amendments to update and clarify existing requirements by incorporating 
changes into the HMR based on PHMSA's own initiatives. The proposed 
amendments were identified through an extensive review of the HMR and 
previously issued letters of interpretation to the regulated hazardous 
materials transportation community. In addition, the NPRM proposed to 
incorporate a special permit with a longstanding history of safety into 
the HMR and respond to a petition for rulemaking. The changes proposed 
in the April 26, 2012 NPRM are summarized below:
     Permit designated agents for non-residents to submit 
designation requests by electronic mail in addition to traditional 
mail.
     Add the Sulphur Institute's (TSI) ``Molten Sulphur Rail 
Tank Car Guidance'' document to the list of informational materials not 
requiring incorporation by reference in Sec.  171.7 (Responds to 
petition for rulemaking P-1581).

[[Page 15304]]

     Revise the Sec.  172.101 Hazardous Materials Table (HMT) 
to correct an error in the transportation requirements for entries 
listed under the proper shipping name, ``Hydrazine Dicarbonic Acid 
Diazide.''
     Revise the Sec.  172.101 HMT to remove the entry for 
``Zinc ethyl, see Diethylzinc'' that was superseded by proper shipping 
names adopted in a previous rulemaking.
     Add the inadvertently omitted entries for ``Paint related 
material, flammable, corrosive (including paint thinning or reducing 
compound)'' UN3469, PG II, and PG III to the Sec.  172.101 HMT.
     Remove references to special provisions B72 and B74 in 
Sec.  172.102.
     Revise special provision 138 in Sec.  172.102 to clarify 
the lead solubility calculation used to classify a material as a Marine 
Pollutant.
     Revise the shipping paper requirements in Sec.  172.203(e) 
to permit the placement of phrase ``Residue last contained'' before or 
after the basic shipping description sequence, or for rail shipments, 
directly preceding the proper shipping name in the basic shipping 
description sequence.
     Update the training recordkeeping requirements in Sec.  
172.704 to specify that a hazmat employer must make hazmat employee 
training records available upon request, at a reasonable time and 
location, to an authorized official of the Department of Transportation 
or the Department of Homeland Security (DHS).
     Clarify that the material of trade exception in Sec.  
173.6 may be used when transporting Division 2.1 and 2.2 gases in Dewar 
flasks.
     Clarify the lab pack provisions in Sec.  173.12 pertaining 
to temperature-controlled materials contained in a lab pack.
     Clarify the exceptions for external emergency self-closing 
valves on cargo tank motor vehicles (CTMVs) in Sec.  173.33(g) to 
specify that external emergency self-closing valves on MC 338 cargo 
tanks containing cryogenic liquids may remain open during 
transportation.
     Correct an inadvertent deletion of the Sec.  173.62 
packaging requirements for explosives.
     Incorporate special permit DOT SP-13556 into Sec.  
173.134, to authorize the transportation by motor vehicle of certain 
regulated medical wastes, designated as sharps, in non-DOT 
specification containers fitted into wheeled racks.
     Revise the requirements for cargo air transport of 
alcoholic beverages in Sec.  173.150 to harmonize with the 
International Civil Aviation Organization's (ICAO) Technical 
Instructions (TI).
     Clarify the exceptions in Sec.  173.159a for non-spillable 
batteries secured to skids or pallets.
     Revise Sec.  178.2(c) to clarify the applicability of the 
closure notification requirements for packages containing residues.
     Correct regulatory citations in Sec.  178.2(c).
     Clarify the requirements for the Flame Penetration 
Resistance test specified for chemical oxygen generators and certain 
compressed gases in Appendix E to Part 178.
     Clarify the inspection record requirements in Sec.  
180.416 for discharge systems of cargo tanks transporting liquefied 
compressed gases.

B. Commenters

    The comment period for the April 26, 2012 NPRM closed on June 25, 
2012. PHMSA received 22 public comments in response to the NPRM's 
proposed amendments, from trade associations representing various 
industries, individual businesses, and concerned citizens who make up 
the regulated community. While the majority of the commenters supported 
the proposals in the NPRM, some commenters expressed adverse opinions 
with specific proposals. In response to the feedback provided by these 
commenters, PHMSA will address and discuss both the proposals adopted 
and not adopted into the HMR by this rulemaking under the heading, 
``Discussion of Amendments and Applicable Comments.'' In addition, some 
commenters provided suggestions for revisions that were not 
specifically addressed in the NPRM, and therefore, are considered 
beyond the scope of this rulemaking. The comments, as submitted to this 
docket, may be accessed via http://www.regulations.gov and were 
submitted by the following individuals, companies, and associations 
(abbreviations used throughout the document and Docket Reference 
numbers are also provided):

----------------------------------------------------------------------------------------------------------------
               Commenter                        Abbreviation                       Docket reference
----------------------------------------------------------------------------------------------------------------
American Coating Association, Inc......  ACA.......................  PHMSA-2011-0138-0012
American Trucking Association..........  ATA.......................  PHMSA-2011-0138-0007
Association of American Railroads......  AAR.......................  PHMSA-2011-0138-0022
Association of Hazmat Shippers.........  AHS.......................  PHMSA-2011-0138-0011
Council on Safe Transportation of        COSTHA....................  PHMSA-2011-0138-0010
 Hazardous Articles, Inc.
Dangerous Goods Advisory Council.......  DGAC......................  PHMSA-2011-0138-0009
The Fertilizer Institute...............  TFI.......................  PHMSA-2011-0138-0021
International Vessel Operators           IVODGA....................  PHMSA-2011-0138-0014
 Dangerous Goods Association Inc.
Koch Sulfur Products Company LLC.......  KSPC......................  PHMSA-2011-0138-0025
National Association of Chemical         NACD......................  PHMSA-2011-0138-0023
 Distributors.
National Tank Truck Carriers...........  NTTC......................  PHMSA-2011-0138-0019
Oxbow Sulphur Inc......................  Oxbow.....................  PHMSA-2011-0138-0018
Potash Corporation of Saskatchewan.....  PCS.......................  PHMSA-2011-0138-0026
Richard Zbilski........................  Richard Zbilski...........  PHMSA-2011-0138-0027
Reusable Industrials Packaging           RIPA......................  PHMSA-2011-0138-0016
 Association.
Stericycle, Inc........................  Stericycle................  PHMSA-2011-0138-0005
The Sulphur Institute..................  TSI.......................  PHMSA-2011-0138-0017
Transammonia Inc.......................  Transammonia..............  PHMSA-2011-0138-0020
Union Tank Car Company.................  UTCC......................  PHMSA-2011-0138-0029
U.S. Clay Producers Traffic Association  USCPTA....................  PHMSA-2011-0138-0024
Utility Solid Waste Activities Group...  USWAG.....................  PHMSA-2011-0138-0013
Veolia ES Technical Solutions, L.L.C...  Veolia....................  PHMSA-2011-0138-0008
----------------------------------------------------------------------------------------------------------------


[[Page 15305]]

II. Discussion of Amendments and Applicable Comments

A. General Comments

    On September 30, 1993, President Bill Clinton issued Executive 
Order 12866 which asked Federal agencies ``to enhance planning and 
coordination with respect to both new and existing regulations; to 
reaffirm the primacy of Federal agencies in the regulatory decision-
making process; to restore the integrity and legitimacy of regulatory 
review and oversight; and to make the process more accessible and open 
to the public.''
    On October 21, 2011, President Barack Obama issued Executive Order 
13563 which is supplemental to and reaffirms the principles, 
structures, and definitions governing contemporary regulatory review 
that were established in Executive Order 12866. This executive order 
urged government agencies to consider regulatory approaches that reduce 
burdens and maintain flexibility and freedom of choice for the public. 
Finally, federal agencies were directed to periodically review existing 
significant regulations; retrospectively analyze rules that may be 
outmoded, ineffective, insufficient, or excessively burdensome; and 
modify, streamline, expand, or repeal regulatory requirements in 
accordance with what has been learned.
    On May 10, 2012, President Barack Obama issued Executive Order 
13610 (Identifying and Reducing Regulatory Burdens) reaffirming the 
goals of Executive Order 13563 (Improving Regulation and Regulatory 
Review) issued January 18, 2011, and Executive Order 12866 (Regulatory 
Planning and Review) issued September 30, 1993. Executive Order 13610 
directs agencies to prioritize ``those initiatives that will produce 
significant quantifiable monetary savings or significant quantifiable 
reductions in paperwork burdens while protecting public health, 
welfare, safety, and our environment.'' Executive Order 13610 further 
instructs agencies to give consideration to the cumulative effects of 
their regulations, including cumulative burdens, and prioritize reforms 
that will significantly reduce burdens.
    In accordance with Executive Orders 13610 and 13563, PHMSA has 
undertaken a retrospective review of the HMR. This final rule and the 
NPRM that preceded it are part of that initiative, and were based on an 
internal review of the HMR, special permits, petitions, and letters of 
interpretation. The April 26, 2012 NPRM specifically addressed a 
petition, a special permit, and various clarifications identified in 
letters of interpretation and through PHMSA internal review of the HMR. 
The publication of the NPRM provided an opportunity for further public 
participation in the development of the regulatory amendments, and 
promoted an exchange of information and perspectives among the various 
stakeholders.
    PHMSA received 22 comments in response to the April 26, 2012 NPRM 
which were predominately positive. Some commenters agreed in principle 
with the proposed amendments and offered revisions to improve the 
clarity of the regulatory text. In some cases, no comments to proposed 
amendments were received. In these circumstances, PHMSA attributed the 
lack of comment to either the nature of the amendment being editorial, 
or a general acknowledgement from the regulated community that no 
opposition to the change was warranted. Finally, negative comments were 
also received on some specific issues. A detailed description of the 
original proposals in the April 26, 2012 NPRM, a summary of the 
comments received, responses to those comments, and PHMSA's decision on 
future actions are detailed below.

B. Provisions Adopted in This Final Rule and Discussion of Comments

    In this section, PHMSA discusses the changes proposed in the NPRM 
and the comments received in response to the NPRM. To clearly identify 
the issues addressed in this final rule, PHMSA provides the following 
list of adopted amendments discussed in this section:
     Permit designated agents for non-residents to submit 
designation requests by electronic mail in addition to traditional 
mail.
     Add the Sulphur Institute's (TSI) ``Molten Sulphur Rail 
Tank Car Guidance'' document to the list of informational materials not 
requiring incorporation by reference in Sec.  171.7 (Responds to 
petition for rulemaking P-1581).
     Revise the Sec.  172.101 HMT to correct an error in the 
transportation requirements for entries listed under the proper 
shipping name, ``Hydrazine Dicarbonic Acid Diazide.''
     Revise the Sec.  172.101 HMT to remove the entry for 
``Zinc ethyl, see Diethylzinc'' that was superseded by proper shipping 
names adopted in a previous rulemaking.
     Add the entries for ``Paint related material, flammable, 
corrosive (including paint thinning or reducing compound)'' UN3469, PG 
II, and PG III to the Sec.  172.101 HMT that were inadvertently 
omitted.
     Remove references to special provisions B72 and B74 in 
Sec.  172.102.
     Revise special provision 138 in Sec.  172.102 to clarify 
the lead solubility calculation used to classify a material as a Marine 
Pollutant.
     Revise the shipping paper requirements in Sec.  172.203(e) 
to permit the phrase ``Residue last contained'' to be placed before or 
after the basic shipping description sequence, or for rail shipments, 
directly preceding the proper shipping name in the basic shipping 
description sequence.
     Update the training recordkeeping requirements in Sec.  
172.704 to specify that a hazmat employer must make hazmat employee 
training records available upon request, at a reasonable time and 
location, to an authorized official of the Department of Transportation 
or of an entity explicitly granted authority to enforce the HMR.
     Clarify that the material of trade exception in Sec.  
173.6 may be used when transporting Division 2.1 and 2.2 gases in Dewar 
flasks.
     Clarify the lab pack provisions in Sec.  173.12 pertaining 
to temperature-controlled materials contained in a lab pack.
     Clarify the exceptions for external emergency self-closing 
valves on CTMVs in Sec.  173.33(g) to specify that external emergency 
self-closing valves on MC 338 cargo tanks containing cryogenic liquids 
may remain open during transportation.
     Correct an inadvertent deletion of the Sec.  173.62 
packaging requirements for explosives.
     Incorporate special permit DOT SP-13556 into Sec.  
173.134, to authorize the transportation by motor vehicle of certain 
regulated medical wastes, designated as sharps, in non-DOT 
specification containers fitted into wheeled racks.
     Revise the requirements for cargo air transport of 
alcoholic beverages Sec.  173.150 to harmonize with the ICAO TI.
     Clarify the exceptions in Sec.  173.159a for non-spillable 
batteries secured to skids or pallets.
     Correct regulatory citations in Sec.  178.2(c).
     Clarify the requirements for the Flame Penetration 
Resistance test specified for chemical oxygen generators and certain 
compressed gases in Appendix E to Part 178.
     Clarify the inspection record requirements in Sec.  
180.416 for discharge systems of cargo tanks transporting liquefied 
compressed gases.

[[Page 15306]]

Designated Agents for Non-Residents
    Currently, Sec.  105.40 prescribes the requirements for designated 
agents for non-residents. In specific instances, such as the approval 
of fireworks manufactured by a foreign entity, the HMR require non-
residents of the United States who perform hazmat operations within the 
United States to designate a permanent resident of the United States to 
act as an agent and receive documents on behalf of the non-resident. As 
specified in the HMR, non-residents of the United States must prepare a 
designation notification and file it with PHMSA in accordance with 
Sec.  105.40.
    The HMR only permit designated agent notification documents to be 
mailed to the Approvals and Permits Division, PHMSA, Attn: PHH-30, U.S. 
Department of Transportation, East Building, 1200 New Jersey Avenue 
SE., Washington, DC 20590-0001, as specified in Sec.  105.40(d). 
Revising this requirement to allow an agent designation to be 
transmitted by electronic mail would provide greater regulatory 
flexibility and align the submission of these documents with the 
procedures currently in place for the submission of other documents 
required by PHMSA.
    In the April 26, 2012 NPRM, PHMSA proposed to amend Sec.  105.40(d) 
to permit agent designations to be submitted by electronic mail to the 
special permits or approvals office, as appropriate. The option to 
submit a completed agent designation to the Approvals and Permits 
Division by mail would remain unchanged.
    PHMSA received no comments on the proposed change to the 
requirements for designated agents for non-residents. Therefore, we are 
adopting these amendments to Sec.  105.40(d), as proposed in the NPRM.
Molten Sulphur Tank Rail Car Guidance Document
    Section 171.7 lists all standards incorporated by reference into 
the HMR and informational materials not requiring incorporation by 
reference. The informational materials not requiring incorporation by 
reference are noted throughout the HMR and provide best practices and 
additional safety measures that are not mandatory but, may enhance 
safety and compliance.
    The Sulphur Institute (TSI) represents the sulfur industry in the 
United States on a variety of issues including the safe transportation 
of sulfur in commerce. TSI submitted petition P-1581 (Docket Number 
PHMSA-2007-28054) requesting that PHMSA incorporate by reference TSI's 
``Molten Sulphur Tank Rail Car Guidance Document.'' This document 
provides best practices for the safe transport of molten sulfur in rail 
tank cars. TSI also requested that we amend Sec.  173.24(b)(4) to add 
the sentence ``Dried residue of molten sulfur on tank cars shall meet 
the `Molten Sulphur Rail Car Guidance Document' incorporated by 
reference in Sec.  171.7.''
    In the NPRM published on April 26, 2012, PHMSA proposed to adopt 
``Molten Sulphur Rail Tank Car Guidance'' in the list of informational 
materials not requiring incorporation by reference in Sec.  171.7(b). 
In addition, PHMSA proposed to revise the entries for ``Sulfur, 
Molten'' specified in the Sec.  172.101 HMT to reference special 
provision ``R1'' and add special provision ``R1'' to the R codes 
specified in Sec.  172.102(c)(6). This new special provision will 
recommend the use of the Molten Sulphur Rail Tank Car Guidance document 
when transporting ``Sulfur, Molten'' residues by rail; however, it will 
not make its use mandatory. PHMSA did not propose adding TSI's 
suggested language ``Dried residue of molten sulfur on tank cars shall 
meet the `Molten Sulphur Rail Car Guidance Document' incorporated by 
reference in Sec.  171.7'' to Sec.  173.24(b)(4).
    PHMSA received eight comments on the proposed addition of the 
``Molten Sulphur Rail Tank Car Guidance'' to the list of informational 
materials not requiring incorporation by reference and subsequent 
addition of special provision ``R1.'' Seven of these comments expressed 
support: KOCH, Oxbow, PCS, TFI, Transammonia, TSI, and UTCC. KOCH, who 
ships more than 500,000 tons of sulfur annually; Oxbow, who ships over 
13,000 railcars of molten sulfur annually; PCS who receives 1.6 million 
tons of sulfur annually; Transammonia, who ships over 2,500 railcars of 
molten sulfur annually; and UTCC, who provides the means of 
transporting sulfur in approximately 1,100 tank cars, note that they 
all assisted in developing this document and believe it will benefit 
carriers, government inspectors, and shippers by promoting safer 
handling practices. TFI, a national trade association representing 
fertilizer importers, producers, retailers and wholesalers, reiterates 
the comments of these companies. In addition to expressing support for 
the adoption of this document, one commenter, TSI, offers two minor 
editorial changes to the proposed regulatory text. Specifically, TSI 
requests PHMSA update the mailing address listed for TSI and that PHMSA 
revise the edition listed for the document.
    In contrast, the AAR, on behalf of itself and its member railroads, 
provided comments that strongly oppose the proposed amendment. AAR 
states its belief that the TSI guidance contradicts certain 
requirements specified in the HMR. Specifically, AAR notes that Sec.  
173.24(b)(4) specifies ``there will be no hazardous materials residue 
adhering to the outside of a package during transport.'' Furthermore, 
Sec.  174.57 specifies ``all hazardous material which has leaked from a 
package in a rail car or on railroad property must be carefully 
removed.'' AAR states that Sec. Sec.  173.24(b)(4) and 174.57 appear to 
directly contradict the TSI guidance which permits residue on the 
outside of a rail car and only cautions against the presence of 
excessive residue.
    AAR notes that even small amounts of molten sulfur residue can 
generate significant concentrations of sulfur dioxide (SO2), 
and sulfur trioxide (SO3) which are both known eye and 
respiratory irritants, and hydrogen sulfide (H2S), which has 
demonstrated the ability to act as a nervous system toxin. Finally, AAR 
expresses concern that the presence of an ``acceptable'' level of 
molten sulfur residue on the outside of the rail car may cause 
emergency response actions when they are not necessary.
    PHMSA appreciates the comments received regarding this proposed 
amendment. PHMSA agrees with AAR that Sec. Sec.  173.24(b)(4) and 
174.57 specify that no hazardous materials residue is permitted to 
adhere to the outside of a package during transport and that all 
hazardous material that has leaked from a package in a rail car or on 
railroad property must be carefully removed. However, PHMSA believes 
that minimal levels of sulfur residue on the outside of a rail tank car 
pose minimal transportation risk due to physical state, chemical 
properties, and amount. PHMSA also recognizes the difficulty in 
removing dried sulfur residue while in transportation.
    PHMSA does not dispute AAR's assertion that molten sulfur emits 
dangerous chemicals such H2S, SO2, and 
SO3. However, as noted above, the dried, fully-cooled 
residue does not generate such concentrations of H2S, 
SO2, and SO3 and poses little safety risk. To 
this end, PHMSA considers the ``Molten Sulphur Rail Tank Car Guidance'' 
to be a valuable tool for instances in which a minimal amount of 
residue remains on a tank car.
    AAR further comments that molten sulfur residue on the outside rail 
car

[[Page 15307]]

may cause emergency response actions when they are not necessary. 
Residue of molten sulfur could also pose a safety risk by obscuring 
valuable tank car markings, labels, and stencils as well as tank car 
safety appliance features, such as ladders. PHMSA believes that the 
``Molten Sulphur Rail Tank Car Guidance'' provides information on when 
the cleaning and removing of this residue is necessary, thus decreasing 
the likelihood that the residue will obscure hazardous materials 
communication or safety features or result in unnecessary emergency 
response actions.
    PHMSA notes that the majority of comments for the adoption of the 
``Molten Sulphur Rail Tank Car Guidance'' in the list of informational 
materials not requiring incorporation by reference in Sec.  171.7(b) 
were positive and believes this adoption would be beneficial to 
carriers, government inspectors, and shippers. PHMSA further emphasizes 
that recognition of this document would not impose any new 
requirements. Instead, it would be adopted into the list of 
informational materials not requiring incorporation by reference, and 
therefore, would be provided for guidance purposes only. Therefore, 
PHMSA is adopting these amendments to Sec. Sec.  171.7(b) and 
172.102(c)(6) as proposed in the NPRM with the minor editorial changes 
identified by TSI.
Hazardous Materials Table (HMT) Revisions
    The HMT in Sec.  172.101 contains information regarding the 
transport conditions, proper shipping name, hazard class and division, 
identification number, packing group, label codes, special provisions, 
authorized expectations, non-bulk, and bulk packagings, quantity 
limitations and vessel stowage requirements for hazardous materials. 
Accurate information in the HMT is essential for the safe shipment of 
hazardous materials by all modes.
    In the NPRM published on April 26, 2012, PHMSA proposed a number of 
revisions to the Sec.  172.101 HMT, and the special provisions 
specified in Sec.  172.102 to clarify the regulations, correct 
inadvertent errors, and improve the accuracy of the information 
contained in the HMT. The amendments to the Sec.  172.101 HMT proposed 
in the April 26, 2012 NPRM included:
     Remove the Packing Group II and III entries for the proper 
shipping name, ``Hydrazine dicarbonic acid diazide'' in the Sec.  
172.101 HMT and clarify that Hydrazine dicarbonic acid diazide'' is 
forbidden.
     Remove the proper shipping name, ``Zinc ethyl, see 
Diethylzinc'' since ``UN1366 Diethylzinc'' is no longer listed in the 
Sec.  172.101 HMT. Individuals offering ``Zinc ethyl'' should choose 
one of the more appropriate generic entries for organometallic 
compounds and substances.
     Add the entries for ``Paint related material, flammable, 
corrosive (including paint thinning or reducing compound)'' UN3469, PG 
II, and PG III.
     Remove Special provision B72 from Column (7) for the 
following entries:
    [cir] UN2484 tert-Butyl isocyanate;
    [cir] UN3492 Toxic by inhalation liquid, corrosive, flammable, 
n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m3 and 
saturated vapor concentration greater than or equal to 500 LC50;
    [cir] UN3488 Toxic by inhalation liquid, flammable, corrosive, 
n.o.s. with an LC50 lower than or equal to 200 ml/m3 and saturated 
vapor concentration greater than or equal to 500 LC50; and
    [cir] UN3490 Toxic by inhalation liquid, water-reactive, flammable, 
n.o.s. with an LC50 lower than or equal to 200 ml/m3 and saturated 
vapor concentration greater than or equal to 500 LC50.
     Remove Special provision B74 from Column (7) for the 
following entries:
    [cir] NA2927 Ethyl phosphonothioic dichloride, anhydrous;
    [cir] NA2845 Ethyl phosphonous dichloride, anhydrous pyrophoric 
liquid;
    [cir] NA2927 Ethyl phosphorodichloridate;
    [cir] NA2845 Methyl phosphonous dichloride, pyrophoric liquid;
    [cir] UN1831 Sulfuric acid, fuming with 30 percent or more free 
sulfur trioxide;
    [cir] UN3489 Toxic by inhalation liquid, flammable, corrosive, 
n.o.s. with an LC50 lower than or equal to 1000 ml/m3 and saturated 
vapor concentration greater than or equal to 10 LC50; and
    [cir] UN3491 Toxic by inhalation liquid, water-reactive, flammable, 
n.o.s. with an LC50 lower or equal to 1000 ml/m3 and saturated vapor 
concentration greater than or equal to 10 LC50.
     Revise the entries for ``Sulfur, Molten'' specified in the 
Sec.  172.101 HMT to reference special provision ``R1.''
    PHMSA received nine comments on these proposed revisions. 
Specifically, ACA supported the proposed addition of inadvertently 
omitted entries for ``Paint related material, flammable, corrosive 
(including paint thinning or reducing compound)'' UN3469, PG II, and PG 
III. ACA noted it supports ``this proposed amendment and [is] pleased 
to see that this correction is being addressed.''
    The eight other comments regarding these proposed revisions were 
related to the proposed revision of the entries for ``Sulfur, Molten'' 
specified in the Sec.  172.101 HMT to reference special provision 
``R1.'' Those comments are addressed above in the section entitled 
Molten Sulphur Tank Rail Car Guidance Document. Based on the 
aforementioned discussion, revision of the entries for ``Sulfur, 
Molten'' specified in the Sec.  172.101 HMT to reference special 
provision ``R1'' will be adopted in this final rule.
    PHMSA did not receive any other comments on the proposed revisions 
to the Sec.  172.101 HMT as the revisions proposed in the April 26, 
2012 NPRM were primarily editorial in nature or simply correcting 
inadvertent errors in the HMT. Therefore, based on the above comments 
and no opposition to any of the other editorial amendments, PHMSA is 
adopting these amendments to the Sec.  172.101 HMT as proposed in the 
NPRM.
Special Provision Revisions
    The special provisions listed in column (7) of the Sec.  172.101 
HMT contain packaging provisions, prohibitions, exceptions from 
requirements for particular quantities or forms of materials, and 
requirements or prohibitions applicable to specific modes of 
transportation. In the April 26, 2012 NPRM, PHMSA proposed revisions to 
the special provisions specified in Sec.  172.102 to clarify the 
regulations and correct inadvertent errors. The amendments to the 
special provisions contained in Sec.  172.102 proposed in the April 26, 
2012 NPRM included:
     Add special provision ``R1'' to the R codes specified in 
Sec.  172.102(c)(6). This new special provision will reference the 
``Molten Sulphur Rail Tank Car Guidance'' document as a resource for 
best practices for the cleaning of tank cars containing ``Sulfur, 
Molten'', where product has spilled and dried on the exterior surface 
of the tank car.
     Revise special provision 138 specified in Sec.  
172.102(c)(1) to harmonize the HMR with the International Maritime 
Dangerous Goods (IMDG) code and to clarify that the solubility 
calculation provided in special provision 138 should be applied when 
determining when to use the ``lead compounds, soluble n.o.s.'' entry in 
the List of Marine Pollutants found in Sec.  172.101, Appendix B.
    PHMSA received nine comments on these proposed amendments. Eight of 
those comments are related to the proposed addition of special 
provision R1 and are addressed above in the section entitled Molten 
Sulphur Tank

[[Page 15308]]

Rail Car Guidance Document. Based on those comments special provision 
R1 specified in Sec.  172.102 will be adopted in this final rule.
    PHMSA received one comment on the proposed revision of special 
provision 138 specified in Sec.  172.102. In its comment, IVODGA 
supports the proposed amendment which revises special provision 138 to 
clarify the solubility calculations to be used for classification and 
identification of lead compounds and to harmonize the HMR provisions 
with the IMDG Code SP 199. Specifically, IVODGA welcomes the 
corrections to the Sec.  172.101 HMT to include the provisions of HM-
215 rulemakings which maintain alignment with the international 
standards for the listed proper shipping names, hazard classes, packing 
groups, special provisions, and vessel stowage requirements. PHMSA did 
not receive any adverse comments to this proposed amendments, and is 
adopting the revision of special provision 138 specified in Sec.  
172.102 as proposed in the NPRM.
Shipping Paper Requirements for Rail Shipments of Residues
    On December 29, 2006, PHMSA published a final rule under PHMSA-06-
25476 (HM-215I) [71 FR 78595] that permitted the continued use, for 
domestic shipments, of either one of two shipping description sequences 
in effect in the HMR on December 31, 2006, until January 1, 2013. 
Specifically, the HMR authorize the basic description of a hazardous 
material to consist of either the identification number first, followed 
by the proper shipping name, hazard class, and packing group, or as an 
alternative description sequence, the proper shipping name, hazard 
class, ID number and packing group. In addition, the basic description 
described above and specified in paragraphs Sec.  172.202(a)(1)-(4) 
must be shown in the sequences described with no additional information 
interspersed. After January 1, 2013, only the basic shipping 
description sequence consisting of the identification number first, 
followed by the proper shipping name, hazard class, and packing group 
(in that order) is authorized.
    However, Sec.  172.203 provides allowances for a shipping paper to 
contain information in addition to the basic shipping description 
specified in Sec.  172.202. Specifically, Sec.  172.203(e)(1) permits 
that the shipping paper for a packaging containing the residue of a 
hazardous material may include the words ``RESIDUE: LAST CONTAINED * * 
*'' in association with the basic description of the hazardous material 
last contained in the packaging. Further, the shipping papers for tank 
cars containing the residue of a hazardous material must include the 
phrase, ``RESIDUE: LAST CONTAINED * * *'' before the basic description. 
While the HMR provide a general provision, various international 
standards provide more specific guidance on the location of this 
phrase. Currently, the ICAO TI, IMDG Code, and UN Model Regulations 
require this phrase, if used, to be placed either before or after the 
basic shipping description.
    In the NPRM published on April 26, 2012, PHMSA proposed to revise 
Sec.  172.203(e)(1) to permit the shipping paper for a packaging 
containing the residue of a hazardous material to include the words 
``RESIDUE: LAST CONTAINED * * *'' before or after the basic shipping 
description of the hazardous material last contained in the packaging. 
PHMSA also proposed to remove the language ``in association with'' and 
replace it with the language ``before or after'' to align with various 
international standards. This proposed revision would harmonize the HMR 
with the ICAO TI, IMDG Code and UN Model Regulations.
    For rail shipments of tank cars, Sec.  172.203(e)(2) requires that 
the description on the shipping paper for a tank car containing the 
residue of a hazardous material must include the phrase, ``RESIDUE: 
LAST CONTAINED * * *'' before the basic description. Prior to the 
publication of the HM-215I final rule, the proper shipping name was the 
first piece of information required in the basic shipping description, 
and therefore, the phrase, ``RESIDUE: LAST CONTAINED * * *'' preceded 
the proper shipping name.
    Effective January 1, 2013, rail shipments coming from Canada to the 
United States will be unable to comply with both the current 
requirements in the HMR for rail tank cars and the Transportation of 
Dangerous Goods (TDG) requirements. As stated above, after January 1, 
2013, the proper shipping name will no longer be permitted to be the 
first piece of shipping information in the basic shipping description. 
Subsequently, the phrase, ``RESIDUE: LAST CONTAINED * * *'' will no 
longer immediately precede the proper shipping name. Furthermore the 
phrase, ``RESIDUE: LAST CONTAINED * * *'' may not be inserted into the 
basic description, as Sec.  172.202(b) specifies the basic shipping 
description may not contain any additional information interspersed in 
the sequence described in Sec.  172.202(a). Canada's TDG regulations 
currently permit a residue of hazardous material to be described as 
``Residue--Last Contained'' or ``R[eacute]sidu--dernier contenu,'' 
followed by the shipping name of the dangerous goods last contained in 
the means of containment.
    To address this issue, in the April 26, 2012 NPRM, PHMSA proposed 
to revise Sec.  172.203(e)(2) to require the description on the 
shipping paper for a tank car containing the residue of a hazardous 
material to include the phrase, ``RESIDUE: LAST CONTAINED * * *'' 
before or after the basic shipping description, or immediately 
preceding the proper shipping name.
    PHMSA received one comment on this proposed amendment. IVODGA 
welcomes the amendment and notes that an equivalent international 
standard of the IMDG Code Amendment 35-10, section 5.4.1.4.3.2 requires 
empty uncleaned packagings, IBCs, bulk containers, portable tanks, road 
tank vehicles and railway tank wagons that contain the residue of 
dangerous goods other than Class 7 to be described by entering the 
words ``empty uncleaned'' or ``residue last contained'' before or after 
the required basic description. IVOGDA acknowledges that Sec.  171.22 
already authorizes the offering for transportation and transporting 
hazardous materials in accordance with the IMDG Code. However, it also 
notes that the inconsistency of the terminology used on shipping 
documents and the sequence of information is an issue for trans-modal 
shipments. To further harmonize the HMR with the UN Model Regulations 
as adopted in the IMDG Code as well as other modal specific codes, in 
addition to the amendments proposed in the April 26, 2012 NPRM, IVODGA 
suggests that PHMSA consider revising the proposed text to permit the 
use of either term ``empty uncleaned'' or ``residue last contained'' as 
either option adequately communicates the hazard.
    PHMSA appreciates IVODGA's support of this amendment as well as its 
clarifying suggestion with regard to the shipping paper requirements 
for empty packagings. As IVOGDA correctly acknowledges, Sec.  171.22 
already authorizes the offering for transportation and transporting 
hazardous materials in accordance with the IMDG Code and thus the use 
of the term ``empty unclean.'' As the proposals in the April 26, 2012 
NPRM did not specifically address the language ``empty uncleaned'' and 
the HMR currently permits the use of a shipping paper in accordance 
with the IMDG code under Sec.  171.22, PHMSA will not specifically add 
the term ``empty uncleaned'' to Sec. Sec.  172.203(e)(1) and 
172.203(e)(2). We are, however, adopting the amendments

[[Page 15309]]

to Sec. Sec.  172.203(e)(1) and 172.203(e)(2) as proposed in the NPRM.
Training Record Requirements
    The requirements for hazardous materials training are specified in 
Sec.  172.704. This section includes a description of the applicability 
for hazardous materials training, the necessary components of a 
training program, and the recurrent training and recordkeeping 
requirements.
    Currently, 49 CFR part 172, subpart I describes the requirements 
for security plans. Specifically, Sec. Sec.  172.802(d) and 
172.820(i)(1) require that a copy of the security plan must be 
maintained and that security plan documentation be made available upon 
request, at a reasonable time and location, to an authorized official 
of the Department of Transportation (DOT) or the Department of Homeland 
Security (DHS).
    Similar to the security plan requirements, the training 
requirements include a recordkeeping component. Specifically, as 
specified in Sec.  172.704(d), a record of current training, inclusive 
of the preceding three years, must be created and retained by each 
hazmat employer for as long as that employee is employed by that 
employer as a hazmat employee and for 90 days thereafter. However, 
unlike the security plan documentation, the HMR currently do not 
stipulate that the training records must be made available upon request 
to authorized officials of the DOT or DHS.
    The Federal hazardous materials transportation law (Federal hazmat 
law, 49 U.S.C. 5101 et seq.) authorizes the Secretary of Transportation 
to prescribe regulations for the safe transportation of hazardous 
material in intrastate, interstate, and foreign commerce. The Secretary 
has delegated this authority to PHMSA. Authority to enforce the HMR has 
been delegated to the Federal Aviation Administration ``with particular 
emphasis on the transportation or shipment of hazardous materials by 
air;'' the Federal Railroad Administration ``with particular emphasis 
on the transportation or shipment of hazardous materials by railroad;'' 
PHMSA ``with particular emphasis on the shipment of hazardous materials 
and the manufacture, fabrication, marking, maintenance, reconditioning, 
repair or test of multi-modal containers that are represented, marked, 
certified, or sold for use in the transportation of hazardous 
materials;'' and the Federal Motor Carrier Safety Administration ``with 
particular emphasis on the transportation or shipment of hazardous 
materials by highway'' (CFR part 1, subpart C). In addition, as 
provided in the Homeland Security Act and as defined in a Memorandum of 
Agreement between the DHS and the DOT, the United States Coast Guard 
(USCG) retained the ability to enforce the HMR with particular emphasis 
on the transportation or shipment of hazardous materials by vessel. 
Thus, enforcement of the HMR, including the training regulations, is 
shared among the DOT operating administrations, USCG and DHS, with each 
placing particular emphasis on their respective authorities.
    Federal hazmat law, 49 U.S.C. 5121(b)(2), states that a person 
subject to this law shall make the records, property, reports, and 
information available for inspection when the Secretary undertakes an 
investigation or makes a request. The completion of training in 
accordance with Subpart H of Part 172 is essential for hazmat employees 
handling hazardous materials and ensures proper compliance with the HMR 
resulting in a greater level of safety. The recordkeeping requirements 
specified in Sec.  172.704(d) allow for hazmat employers and PHMSA 
personnel to verify that only individuals knowledgeable in the 
applicable regulations are handling hazardous materials.
    In the NPRM published on April 26, 2012, PHMSA proposed to revise 
Sec.  172.704(d) to require that an employer must make hazmat employee 
training records required by Subpart H of Part 172 available upon 
request, at a reasonable time and location, to an authorized official 
of DOT or DHS.
    PHMSA received five comments on these proposed amendments to the 
training record retention requirements specified in Sec.  172.704(d). 
Specifically, ATA believes that the proposed record availability 
provision is too broad and should be limited only to those agencies 
charged with enforcing PHMSA's regulations in modal transportation. ATA 
notes multiple DHS agencies have a reason to access the security plans 
specified in Sec. Sec.  172.802(d) and 172.820(i)(1). However, only one 
DHS agency, the USCG, has a responsibility for training records 
specified in Sec.  172.704(d). As an alternative ATA suggests PHMSA 
amend the proposed changes to 172.704(d) by limiting the disclosure 
requirement to those agencies outside of the Department of 
Transportation (DOT) that are explicitly authorized by Congress to 
enforce hazmat training.
    ATA states this limitation is appropriate for many reasons. First, 
it aligns authority with enforcement requirements. Only agencies with a 
responsibility to enforce training compliance have any need to 
determine that training requirements have been met. Other agencies 
should not be tempted by the authority to audit a transporter's records 
for purposes other than enforcing the HMR. Parallel to this, limiting 
the disclosure of this information to as few parties as is practicable 
represents proper government care for hazmat employees' personally 
identifying information. Federal law mandates that agencies take care 
to ensure that privacy is a paramount concern. Limiting access to only 
those agencies with an explicitly granted authority to enforce the HMR 
is in the spirit of such statutes.
    In addition to the comments presented by ATA, IVODGA, DGAC, COSHTA 
and NTTC provided similar comments. All voiced general support for the 
proposal but note the language ``an authorized official of the 
Department of Homeland Security'' was too broad. IVODGA, DGAC, COSHTA, 
and NTTC all suggest the language be revised to indicate the USCG as 
the designated division of DHS with which training records must be 
presented upon request.
    In addition to the comments above, IVODGA further asks PHMSA to 
consider electronic means of recordkeeping as alternatives to hard copy 
documents for the sake of time saving in producing records at the 
request of a duly authorized representative of the DOT or DHS as 
amended. As this proposal was not presented in the April 26, 2012 NPRM, 
it is considered beyond the scope of this rulemaking and will not be 
addressed in this final rule. However, it should be noted that PHMSA 
currently does not prohibit the use of electronic training records as 
Sec.  172.704 does not specify the manner in which records must be 
maintained.
    PHMSA agrees with the concerns raised by ATA, IVODGA, DGAC, COSHTA 
and NTTC regarding the availability of training records. Therefore, 
based on the comments received, in this final rule PHMSA is adopting 
the proposed amendments to the training record requirements specified 
in Sec.  172.704(d) and will modify the text to replace the reference 
to an authorized official of ``the Department of Homeland Security'' 
with a reference to an authorized official ``of an entity explicitly 
granted authority to enforce the HMR.'' This will ensure that 
appropriate agencies, including the USCG, have access to the required 
training records, while limiting unnecessary review of training records 
and safeguarding personally identifying

[[Page 15310]]

information for members of the regulated community.
Dewar Flasks Transported as Materials of Trade
    Section 173.6 specifies the exceptions for shipments of materials 
of trade. A material of trade, is defined in Sec.  171.8 as ``a 
hazardous material, other than a hazardous waste, that is carried on a 
motor vehicle for the purpose of protecting the health and safety of 
the motor vehicle operator or passengers; for the purpose of supporting 
the operation or maintenance of a motor vehicle (including its 
auxiliary equipment); or by a private motor carrier (including vehicles 
operated by a rail carrier) in direct support of a principal business 
that is other than transportation by motor vehicle.'' Section 173.6 
authorizes only specific hazard classes and quantities to use the 
materials of trade exception. A hazardous material that meets the 
definition of a material of trade and is transported by motor vehicle 
in conformance with Sec.  173.6 is not subject to any other 
requirements of the HMR except for those explicitly set forth or 
referenced in Sec.  173.6.
    PHMSA recently received a request for a formal letter of 
interpretation pertaining to the application of the materials of trade 
exception (Reference No.: 10-0101). The letter expressed confusion and 
concern regarding whether the exception would apply to Division 2.1 and 
Division 2.2 compressed gas transported in Dewar flasks.
    PHMSA acknowledged this requirement needs additional clarification, 
as we believe that increased clarity will help to ensure the intended 
application of the materials of trade exception. Therefore, in the 
NPRM, PHMSA proposed to modify Sec.  173.6(a)(2) to clarify that Dewar 
flasks may be transported as materials of trade provided these 
materials meet all the requirements specified in Sec.  173.6.
    PHMSA received no comments on these proposed amendments to the 
materials of trade requirements specified in Sec.  173.6(a)(2). 
Therefore, we are adopting these amendments as proposed.
Lab Packs Containing Temperature-Controlled Materials
    Section 173.12 specifies the exceptions for shipment of waste 
materials including the requirements for waste packages known as ``lab 
packs.'' A lab pack, although not specifically defined in Sec.  171.8, 
is considered a large outer packaging containing small inner packagings 
that are filled with various compatible laboratory hazardous wastes. In 
accordance with Sec.  173.12, a lab pack is a combination packaging 
consisting of a glass inner packaging, not exceeding 4 L (1 gallon) 
rated capacity, or a metal or plastic inner packaging, not exceeding 20 
L (5.3 gallons) rated capacity. Inner packagings containing liquid must 
be surrounded by a chemically compatible absorbent material in 
sufficient quantity to absorb the total liquid contents. These inner 
packagings are then further packed in specification outer packaging and 
the completed package must not exceed a gross weight of 205 kilograms. 
The requirements and regulatory relief provided for the transportation 
of waste hazardous materials under the lab pack exception are further 
specified in Sec.  173.12(b) of the HMR.
    On July 17, 2007, PHMSA published a request for comments regarding 
the conversion of special permits into the HMR in the Federal Register 
under Docket Number PHMSA-2007-27329 (HM-233A) [72 FR 388110] entitled, 
``Hazardous Materials: Conversion of Special Permits into Regulations 
of General Applicability.'' In response to this notice PHMSA received 
comments requesting the incorporation of various special permits 
including special permit DOT SP-13192. Subsequently, PHMSA published in 
the Federal Register under Docket Number PHMSA-2009-27289 (HM-233A) [74 
FR 68004] an NPRM entitled, ``Hazardous Materials: Incorporation of 
Special Permits Into Regulations'' proposing the incorporation of 
special permit DOT SP-13192. The lab pack requirements were then 
amended in a final rule published on May 14, 2010, in the Federal 
Register under Docket Number PHMSA-2009-0289 (HM-233A) [74 FR 53413] 
entitled, ``Hazardous Materials: Incorporation of Special Permits into 
Regulations.'' As part of these amendments, certain widely used and 
longstanding special permits, including special permit DOT SP-13192, 
were incorporated into the HMR. Specifically, the incorporation of this 
special permit authorized the transport of waste Division 4.2, Packing 
Group (PG) I material and Division 5.2 (organic peroxide) material in 
lab packs.
    PHMSA recently received a request for a formal letter of 
interpretation pertaining to the recent changes of the lab pack 
exception (Reference No.: 10-0233). The writer expressed confusion and 
concern regarding whether the amendments of the HM-233A final rule 
authorized the transportation, as lab packs, of Division 4.1 and 
Division 5.2 materials that were also required to be temperature-
controlled.
    PHMSA acknowledged that this requirement needed additional 
clarification, as we believe that increased clarity will help to ensure 
that individuals transporting lab packs containing temperature-
controlled materials are aware that such packagings are not excepted 
from other safety measures. Therefore, in the NPRM, PHMSA proposed to 
modify Sec.  173.12 to clarify that temperature-controlled materials 
may be transported in lab packs provided these materials also meet the 
requirements in Sec.  173.21(f)(1). PHMSA received one comment on this 
proposed amendment. Veolia commented that ``PHMSA's incorporation of 
the clarification to require shippers to also comply with operational 
controls for the transportation of temperature controlled materials in 
Sec.  173.21(f)(1) is greatly appreciated.'' Veolia did however note 
that it has additional safety concerns involving the shipment of 
Division 5.2 materials under the lab pack exception stemming from the 
adoption of the amendments of HM-233A that it believes PHMSA should 
also address. These additional safety concerns related to the HM-233A 
final rule were beyond the scope of this rulemaking and thus not 
addressed in this final rule. Therefore, we are adopting as proposed 
the amendment to clarify that temperature-controlled materials may be 
transported in lab packs provided these materials also meet the 
requirements in Sec.  173.21(f)(1).
Cargo Tank Motor Vehicles Self-Closing Stop Valves
    Section 173.33 provides the requirements for hazardous materials 
transported in CTMVs. This section includes general requirements for 
CTMVs, as well as more specific requirements for loading, maximum 
lading pressure, relief systems, and closing valves.
    Section 173.33(g) requires each liquid filling and liquid discharge 
line in a specification MC 338 cargo tank must be provided with a 
remotely-controlled internal self-closing stop valve except when the MC 
338 cargo tank is used to transport argon, carbon dioxide, helium, 
krypton, neon, nitrogen, or xenon.
    The discharge control device requirements for a MC 338 cargo tank 
are found in Sec.  178.338-11(b) and state that each liquid filling and 
liquid discharge line must be provided with a shut-off valve located as 
close to the tank as practicable and, unless the valve is manually 
operable at the valve, the line must also have a manual shut-off valve.

[[Page 15311]]

    PHMSA received a request for a formal letter of interpretation 
regarding the current requirements for MC 338 cargo tanks (Reference 
No.: 06-0243). According to the request, most vacuum insulated MC 338 
cargo tanks operate at temperatures below the reliable operating 
temperature of available internal self-closing stop valves, and 
currently no manufacturer builds an internal self-closing stop valve 
that will operate reliably at temperatures that may reach minus 
452[emsp14][deg]F. The requestor asked if a MC 338 cargo tank is 
required to have a remotely-controlled internal self-closing stop valve 
as specified in Sec.  173.33(g), provided an external stop valve is 
present in accordance with Sec.  178.338-11(b).
    PHMSA does not intend to require a remotely-controlled internal 
self-closing stop valve if the MC 338 cargo tank already uses an 
external self-closing stop valve to meet the requirements in Sec.  
178.338-11(b). Therefore, in the NPRM, we proposed to revise the 
provisions in Sec.  173.33(g) to clarify this exception.
    PHMSA received no comments on these proposed amendments to the 
requirements for CMTV Self-Closing Stop Valves specified in Sec.  
173.33(g), and are adopting these amendments as proposed.
Explosive Packaging Editorial Revision
    Section 173.62 specifies packaging requirements for explosives. 
Specifically, Sec.  173.62 provides a table that specifies the 
packaging instructions, and corresponding authorized inner, 
intermediate and outer packagings based on the assigned identification 
number of the explosive.
    In a final rule published on September 13, 2011, under Docket 
Number PHMSA-2011-0134 (HM-244D) [76 FR 56304], entitled ``Minor 
Editorial Corrections and Clarifications,'' PHMSA revised Sec.  
173.62(c)(5) packaging instruction 130 to authorize the use of aluminum 
boxes (4B) and natural wood, sift-proof walls boxes (4C2). However, the 
following language was inadvertently removed from the first column of 
the packing instruction:

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

    PHMSA did not intend to remove this portion of the packaging 
instruction and unnecessarily limit the transport of large explosive 
articles. Therefore, in the April 26, 2012 NPRM, PHMSA proposed to 
revise Sec.  173.62(c)(5) packing instruction 130 to reinstate the 
language inadvertently removed from the first column of packing 
instruction 130.
    PHMSA received no comments on these proposed amendments to the 
explosive packaging instruction 130 in Sec.  173.62(c)(5). Therefore, 
we are adopting this amendment as proposed in the NPRM.
Exclusive Use Vehicles for Regulated Medical Waste (RMW)
    Section 173.134 provides definitions and exceptions for infectious 
substances. Paragraph (c)(2) of this section requires a Regulated 
Medical Waste (RMW) that contains Category B cultures and stocks to be 
transported on a vehicle ``used exclusively'' to transport RMW. A 
Category B substance is defined as ``an infectious substance that is 
not in a form generally capable of causing permanent disability or 
life-threatening or fatal disease in otherwise healthy humans or 
animals when exposure to it occurs.''
    As amended on July 20, 2011, in a final rule published under Docket 
Number PHMSA-2009-0151 (HM-218F) [76 FR 43510], entitled 
``Miscellaneous Amendments,'' PHMSA revised Sec.  173.134(c)(2) to 
incorporate the clarifications from a March 19, 2007 letter of 
interpretation (Ref. No. 07-0057). Specifically, PHMSA specified that 
the following materials may be transported on a vehicle used 
exclusively to transport RMW: (1) Plant and animal waste regulated by 
the Animal and Plant Health Inspection Service (APHIS); (2) waste 
pharmaceutical materials; (3) laboratory and recyclable wastes; (4) 
infectious substances that have been treated to eliminate or neutralize 
pathogens; (5) forensic materials being transported for final 
destruction; (6) rejected or recalled health care products; and (7) 
documents intended for destruction in accordance with Health Insurance 
Portability and Accountability Act of 1996 (HIPAA) requirements.
    In response to the proposals in the HM-218F NPRM, Stericycle 
commented that the rationale underlying PHMSA's decision to authorize 
the transportation of multiple waste streams from medical facilities 
should also apply to other regulated activities, specifically to those 
covered under special permit DOT SP-13556, which authorizes the 
transportation of sharps in specialized containers. At the time of the 
July 20, 2011 final rule, PHMSA determined that incorporating special 
permit DOT SP-13556 into the HMR was beyond the scope of that 
rulemaking, but this issue would be addressed in a future NPRM. 
Therefore, in the NPRM published on April 26, 2012 PHMSA proposed to 
revise Sec.  173.134(c)(2) to incorporate special permit DOT SP-13556 
relating to the transport of regulated medical waste into the HMR.
    PHMSA received one comment from Stericycle expressing full support 
for this proposal. Stericycle did not suggest edits to the regulatory 
text incorporating DOT-SP 13556. Therefore, we are adopting this 
amendment as proposed in the NPRM. Furthermore, we are reinstating the 
text previously adopted in the HM-218F final rule published under 
Docket Number PHMSA-2009-0151 (HM-218F) [76 FR 43510] as it was 
inadvertently deleted from the HMR.
    However, Stericycle did express its belief that the definition of 
sharps specified in Sec.  173.134 (a)(6) should be amended to include 
unbroken glass contaminated with a pathogen or that could become 
contaminated with a pathogen so the regulated community has a better 
understanding of the definition of sharps. Although PHMSA agrees that a 
clarification of the definition of ``sharps'' may assist the regulated 
community in understanding the applicable requirements, such a revision 
is beyond the scope of the original proposed amendments and will not be 
addressed in this final rule.
Alcoholic Beverages Exception
    Section 173.150 provides exceptions from the HMR for certain Class 
3 flammable liquid material. Specifically, Sec.  173.150(d) provides 
exceptions for alcoholic beverages for all modes of transport. An 
alcoholic beverage (wine and distilled spirits as defined in 27 CFR 
4.10 and 5.11) that meets one of three conditions specified in Sec.  
173.150(d) is not subject to the requirements of the HMR for a Class 3 
flammable liquid material. These conditions include; (1) Containing 24 
percent or less alcohol by volume; (2) being packaged in an inner 
packaging of 5 L (1.3 gallons) or less, and for transportation on 
passenger-carrying aircraft conforming to Sec.  175.10(a)(4) as checked 
or carry-on baggage; or (3) for a Packing Group III alcoholic beverage 
being packaged in a packaging of 250 L (66 gallons) or less, unless 
transported by air.
    Currently, the ICAO TI provide exceptions for alcoholic beverages 
transported via aircraft in Chapter 3; 3.1.1, Table 3-2, special 
provision A9 and Chapter 8; 8.1.2 paragraph (l). Specifically, Chapter 
3; 3.1.1 Table 3-2 special provision A9 states that

[[Page 15312]]

alcoholic beverages containing not more than 70 percent alcohol by 
volume, when packaged in receptacles of 5 liters of less are not 
subject to the ICAO TI when carried as cargo. In addition, as specified 
in Chapter 8; 1.1.2 paragraph (l) of the ICAO TI, alcoholic beverages 
with less than 24 percent alcohol by volume or alcoholic beverages in 
retail packaging and alcoholic beverages containing more than 24 
percent but not more than 70 percent alcohol by volume in receptacles 
not exceeding 5 liters are permitted to be carried by passengers or 
crew in carry-on or checked luggage and are not otherwise subject to 
the ICAO TI.
    Generally, the HMR is harmonized with the ICAO TI with regard to 
the exceptions provided for alcoholic beverages shipped by passenger 
carrying and cargo aircraft. However, for cargo aircraft, the HMR does 
not align with the ICAO TI. For example, as specified in Sec.  
173.150(d), the HMR excepts alcoholic beverages in an inner packaging 
of 5 L (1.3 gallons) or less from regulation regardless of the alcohol 
percent on cargo aircraft. In contrast, the ICAO TI limits this 
exception to alcoholic beverages not exceeding 70 percent alcohol by 
volume. This lack of harmonization can lead to frustration of shipments 
of these types of materials in international air transport.
    To address this issue, in the April 26, 2012 NPRM, PHMSA proposed 
to revise the exceptions in Sec.  173.150(d) to harmonize the alcoholic 
beverages exception via aircraft with the requirements in the ICAO TI, 
and to restructure the exceptions in Sec.  173.150(d) to provide 
clarity on the requirements for the transport of alcoholic beverages by 
each mode of transport including passenger carrying and cargo aircraft.
    PHMSA received one comment on these proposed amendments. COSTHA 
strongly supports this and other international harmonization efforts. 
However, COSTHA believes the revisions to Sec.  173.150, as proposed in 
the NPRM, prohibit the exception from being applied to alcohol shipped 
as cargo on passenger aircraft. The proposed text in Sec.  
173.150(d)(2)(iii) states alcoholic beverages transported aboard a 
cargo aircraft containing more than 24 percent but less than 70 percent 
alcohol by volume in an inner packaging of 5L (1.3 gallons) or less are 
not subject to the requirements of Subchapter C of the HMR. COSTHA 
notes that ICAO SP A9 states ``[a]lcoholic beverages containing not 
more than 70 per cent alcohol by volume, when packed in receptacles of 
5 litres or less, are not subject to these instructions when carried as 
cargo.'' In the ICAO TI, the word `cargo' does not mean cargo aircraft, 
but is defined in ICAO 3.1 as ``any property carried on an aircraft 
(passenger or cargo) other than mail and accompanied or mishandled 
baggage.'' Therefore in an effort to fully harmonize COSTHA recommends 
PHMSA modify the language in the proposed Sec.  173.150(d)(2)(iii) to 
remove the word ``cargo'' before aircraft allowing harmonization with 
the ICAO TI for alcoholic beverages on aircraft, both passenger and 
cargo.
    PHMSA appreciates COSTHA's comments and its general support for the 
amendments. On a passenger carrying aircraft an alcoholic beverage 
could be transported in three specific scenarios: (1) As carry-on 
baggage, (2) in checked baggage, or (3) as cargo. The language proposed 
in the NPRM addressed the first two of these transport scenarios but 
neglected to account for alcoholic beverages shipped as cargo aboard a 
passenger carrying aircraft. PHMSA did not intend to prohibit the 
alcoholic beverage exception from being applied to alcohol being 
shipped as cargo on passenger aircraft. PHMSA agrees with the statement 
that ICAO SP A9 states ``[a]lcoholic beverages containing not more than 
70 per cent alcohol by volume, when packed in receptacles of 5 litres 
or less, are not subject to these instructions when carried as cargo'' 
regardless of whether it is a passenger carrying or cargo carrying 
aircraft. Therefore, we are revising the proposed language in Sec.  
173.150(d)(2)(iii) so that the exception for alcoholic beverages 
containing more than 24% but less than 70% alcohol by volume in an 
inner packaging not exceeding 5 L (1.3 gallons) may be transported as 
cargo aboard both passenger and cargo aircraft. We also note that when 
carried as cargo aboard a passenger carrying aircraft, the passenger 
provisions of Sec.  175.10(a)(4) would no longer be applicable.
    PHMSA is confident the revised text correctly reflects all 
transportation scenarios for alcoholic beverages and the exceptions 
provided for both passengers transporting alcoholic beverages via 
carry-on or checked baggage and transport of alcoholic beverages as 
cargo via cargo and passenger aircraft. Therefore, we are adopting 
these amendments as proposed in the NPRM, with the additional revision 
of Sec.  173.150(d)(2)(iii).
Exceptions for Non-Spillable Batteries
    Section 173.159 specifies requirements for the transportation of 
wet batteries, including non-spillable batteries. Additional exceptions 
for non-spillable batteries are specified in Sec.  173.159a. If certain 
transport conditions specified in Sec. Sec.  173.159 and 173.159a are 
met, such as specific packaging and securement requirements, non-
spillable batteries are excepted from the HMR.
    In a final rule published on January 14, 2009, under Docket Nos. 
PHMSA-2007-0065 (HM-224D) and PHMSA-2008-0005 (HM-215J) [74 FR 2200], 
entitled ``Hazardous Materials: Revision to Requirements for the 
Transportation of Batteries and Battery-Powered Devices; and 
Harmonization With the United Nations Recommendations, International 
Maritime Dangerous Goods Code, and International Civil Aviation 
Organization's Technical Instructions,'' PHMSA amended Sec.  173.159(f) 
to describe the conditions under which a battery is considered ``non-
spillable,'' and relocated the exceptions pertaining to non-spillable 
batteries from Sec. Sec.  173.159(d) and 173.159(f), to a new Sec.  
173.159a.
    However, when these exceptions were relocated, PHMSA inadvertently 
required that excepted non-spillable batteries must be securely 
packaged in strong outer packagings. This modification, in essence, 
prohibited excepted batteries from being palletized or placed on a 
skid. Therefore, in the NPRM published on April 26, 2012, PHMSA 
proposed to revise Sec.  173.159a(c)(1) to except from the packaging 
requirements of Sec.  173.159, non-spillable batteries that are secured 
to skids or pallets and capable of withstanding the shocks normally 
incident to transportation, provided the batteries meet the 
requirements of Sec.  173.159(a) and are loaded or braced so as to 
prevent damage and short circuits in transit. Further, any other 
material loaded in the same vehicle must be blocked, braced, or 
otherwise secured to prevent contact with or damage to the batteries.
    PHMSA received one comment on these proposed amendments to the 
exceptions for non-spillable batteries specified in Sec.  
173.159a(c)(1). IVODGA welcomes the clarification of the exceptions in 
Sec.  173.159a for non-spillable batteries secured to skids or pallets 
which align the HMR with the requirements and exceptions within the 
IMDG Code and supports the ongoing efforts to reduce frustrated 
shipments in multi-modal commerce by international carriers such as the 
IVODGA membership.
    However, IVODGA expresses confusion regarding the applicability of 
the incident reporting requirements to a shipment of batteries that 
meets the

[[Page 15313]]

exception provided in Sec.  173.159a(d). To alleviate this perceived 
lack of clarity, IVODGA suggests PHMSA clarify the text in Sec. Sec.  
173.159a(b) and 173.159a(d) to specify whether the exception from 
incident reporting requirements is applicable.
    Based on the current text ``are subject to the incident reporting 
requirements'' specified in Sec.  173.159a(b) it is apparent that 
shipments complying with this section would be subject to the incident 
reporting requirements. Furthermore, Sec.  173.159a(d) states that 
``Non-spillable batteries are excepted from all other requirements of 
this subchapter when offered for transportation and transported in 
accordance'' with paragraph (c) and (d) of Sec.  173.159a. The term 
``excepted from all other requirements of this subchapter'' is used 
throughout the HMR to indicate that only the requirements of the 
paragraph in which that statement is included would apply. Paragraphs 
(c) and (d) of Sec.  173.159a do not mention incident reporting 
requirements. Therefore, we believe it is clear that provided a 
shipment of non-spillable batteries meets the requirements of Sec.  
173.159a(c) and Sec.  173.159a(d), which do not include the incident 
reporting requirements, it is not subject to any other requirements 
contained in the HMR; therefore, we are not adopting any additional 
suggested amendments to Sec.  173.159a. Based on the foregoing, PHMSA 
is adopting the amendment to Sec.  173.159a(c)(1), as proposed in the 
NPRM.
Cargo Tank Motor Vehicle Closures
    Section 177.834 provides the general requirements for the loading 
and unloading of vehicles intended to transport hazardous materials via 
ground transportation. Paragraph (j) of this section requires CTMVs to 
be transported with all valves and other closures in liquid discharge 
systems to be closed and free of leaks unless transported in accordance 
with the requirements for empty packages specified in Sec.  
173.29(b)(2).
    The provision specified in Sec.  177.834(j) was added on May 30, 
1996, in a final rule published under Docket Number HM-222B [61 FR 
27166] to consolidate the closure requirements for cargo tanks 
transporting Class 3 (flammable liquid) materials, Class 8 (corrosive) 
materials, and Division 6.1 (poisonous) materials. This rule 
inadvertently overlooked the impact the closure requirement would have 
on MC 338 cargo tanks that transport cryogenic liquids. These tanks 
have external self-closing valves that are normally transported in an 
open position and are designed to close with a tremendous amount of 
force to ensure proper closure. Subsequently, these valves require a 
large amount of force and effort to open. As a result, the potential 
for physical injury to employee personnel is increased and the ability 
of the valve system to operate is potentially compromised as a result 
of repeated cycling (opening, closing, and testing).
    In the NPRM published on April 26, 2012, PHMSA proposed to revise 
Sec.  177.834(j) to permit external emergency self-closing valves on MC 
338 cargo tanks containing residues of cryogenic liquids to remain 
either open or closed during transit.
    PHMSA received no comments on these proposed amendments to the 
closure requirements for external emergency self-closing valves on MC 
338 cargo tanks specified in Sec.  177.834(j), and are adopting these 
amendments as proposed.
Cargo Tank Motor Vehicle (CTMV) Recordkeeping
    Certain CTMVs require as part of their specification both a CTMV 
manufacturer's data report and a certificate stating that the completed 
CTMV conforms in all respects to the appropriate specification and the 
American Society of Mechanical Engineers (ASME) Code. Section 
178.2(c)(1) currently excepts CTMVs that require a manufacturer's data 
report and certificate from the notification requirements. 
Specifically, Sec.  178.2(c)(1) states that CMTV's in compliance with 
Sec. Sec.  178.337-18 and 178.345-10 are excepted from the notification 
requirements specified in Sec.  178.2(c)(1). The current reference to 
Sec.  178.345-10 in Sec.  178.2(c)(1) refers to pressure relief, not 
the CTMV manufacturer's data report and certificates for DOT 406, 407 
and 412 (CTMVs), and is in error. The correct citation should read 
Sec.  178.345-15, which refers to the manufacturer's data report and 
certification of DOT 406, 407 and 412 CMTVs. In addition, we also note 
that a reference to a MC 338 cargo tank manufacturer's data report 
certificate in Sec.  178.338-19 is missing in Sec.  178.2(c)(1).
    Therefore, in the April 26, 2012 NPRM, PHMSA proposed to correct 
these errors and omissions by replacing the reference to Sec.  178.345-
10 with Sec.  178.345-15 and adding a reference to Sec.  178.338-19.
    PHMSA received one positive comment and no negative comments on the 
proposed amendments to the recordkeeping requirements for CTMV 
specified in Sec.  178.2(c)(1). DGAC supports such an amendment. This 
revision will increase compliance by revising incorrect citations and 
correcting unintended errors in the HMR. Therefore, we are adopting 
these clarifications as proposed in the NPRM.
Flame Penetration Resistance Test
    Appendix E to Part 178 describes the Flame Penetration Resistance 
Test referenced throughout the HMR with regard to the outer packaging 
for chemical oxygen generators and cylinders containing compressed 
oxygen. This appendix specifies requirements for the Flame Penetration 
Resistance Test and includes criteria for acceptance of a passing test 
result, a summary of the test method and procedure, details on the 
preparation of test specimens, and construction and calibration 
specifications for the test equipment. The test procedure is described 
in section (g)(2) of this Appendix and references a ``Figure 1,'' 
However, the Figure 1 is omitted. In sections (d)(3) and (f)(2) of this 
Appendix, the design and calibration of the calorimeter is described 
and refers to a ``Figure 2,'' but Figure 2 is also omitted.
    In the April 26, 2012 NPRM, PHMSA proposed to add Figures 1 and 2 
that were referenced but inadvertently omitted from Appendix E.
    PHMSA received no comments on the proposed addition of the figures 
inadvertently omitted in Appendix E to Part 178, and is adopting these 
amendments as proposed in the NPRM.
Discharge System Inspection and Maintenance Program
    Section 180.416 details the requirements for a discharge system 
inspection and maintenance program for cargo tanks transporting 
liquefied compressed gases. Specifically, Sec.  180.416 applies to 
operators using specification MC 330, MC 331, and non-specification 
cargo tanks authorized under Sec.  173.315(k) for transportation of 
liquefied compressed gases other than carbon dioxide. As part of the 
discharge system inspection specified in this section, the operator 
must visually inspect each delivery hose assembly at least once each 
calendar month in which the delivery hose assembly is in service and 
keep a record of each inspection. In accordance with Sec.  180.416(d), 
that record must include the inspection date, the name of the person 
performing the inspection, the hose assembly identification number, the 
company name, the date the hose was assembled and tested, and an 
indication that the delivery hose assembly and piping system passed or 
failed the tests and inspections.
    There has been some confusion among the regulated community

[[Page 15314]]

pertaining to the requirement to include ``the company name'' in the 
record as specified in Sec.  180.416(d). Specifically, there was 
concern over whether ``the company name'' refers to the name of the 
operator or the name of the manufacturer of the hose.
    In the April 26, 2012 NPRM, PHMSA proposed to revise Sec.  
180.416(d) to clarify that the reference to the ``company name'' on the 
inspection record is the name of the hose manufacturer.
    PHMSA received no comments on the proposed clarification of the 
discharge system inspection and maintenance program recordkeeping 
requirements specified in Sec.  180.416(d), and is adopting these 
amendments as proposed.

C. Comments Beyond the Scope of This Rulemaking

    In this section, PHMSA discusses the comments to the NPRM that 
provided suggestions for additional revisions that were not 
specifically proposed in the NPRM. Based on an assessment of the 
proposed changes and the comments received, PHMSA identified four 
comments that are beyond the scope of this rulemaking action. 
Specifically, these comments were submitted by Stericycle, IVODGA, 
Veolia, and Richard Zbilski. These comments pertain to a revision to 
the definition of sharps, electronic retention of training records, the 
lab pack revisions adopted into the HMR in a final rule entitled 
``Hazardous Materials: Incorporation of Special Permits into 
Regulations'' under PHMSA-2009-0289 [70 FR 43638] (HM-233A) and 
published in the Federal Register on May 14, 2010, and the 
environmental impact of fireworks.
    As these suggested amendments were not proposed in the NPRM and the 
regulated community was not given the opportunity to comment on these 
amendments, PHMSA is unable to address them in this final rule. If 
PHMSA chooses to pursue consideration of any of these comments, we will 
do so in a separate rulemaking. PHMSA appreciates Stericycle, IVODGA, 
Veolia, and Richard Zbilski bringing these issues to our attention and 
invites them to file petitions for rulemaking in accordance with Sec.  
106.95 including all information (see Sec.  106.100) needed to support 
a petition if these commenters believe these amendments warrant 
rulemaking action. PHMSA briefly discusses these comments below.
Revision to the Definition of Sharps
    In the April 26, 2012 NPRM, PHMSA proposed to incorporate special 
permit DOT SP-13556 into Sec.  173.134, to authorize the transportation 
by motor vehicle of certain regulated medical wastes, designated as 
sharps, in non-DOT specification containers fitted into wheeled racks. 
In addition to its comments regarding the incorporation of this special 
permit DOT SP-13556, Stericycle also submitted a comment with regard to 
the definition of the term ``sharps'' as specified in Sec.  
173.134(a)(6). Stericycle stated that the definition of ``sharps'' 
should be amended to include ``unbroken glass contaminated with a 
pathogen or that could become contaminated with a pathogen so the 
regulated community has a better understanding of the definition of 
sharps.'' Although clarification of the definition of ``sharps'' may 
assist the regulated community in understanding the applicable 
requirements, PHMSA has determined that such an amendment is beyond the 
scope of the proposals presented in the April 26, 2012 NPRM and 
therefore will not be addressed in this final rule.
Electronic Retention of Training Records
    In addition to its comments regarding the proposed revisions to the 
training record requirements specified in Sec.  172.704(d), IVODGA also 
requested PHMSA ``consider electronic means of recordkeeping as 
alternatives to hard copy documents for the sake of time saving in 
producing records at the request of a duly authorized representative.'' 
As this specific amendment was not proposed in the April 26, 2012 NPRM, 
it is considered outside the scope of this rulemaking and will not be 
addressed in this final rule. It should be noted that PHMSA currently 
does not prohibit the use of electronic training records as Sec.  
172.704 does not specify the manner (i.e. paper or electronic) in which 
records must be kept.
Reconsideration of the Lab Pack Requirements Adopted Under HM-233A
    In addition to its comments regarding the proposed revisions to the 
lab pack requirements specified in Sec.  173.12, Veolia also requested 
that PHMSA reconsider amendments adopted in the HMR in a final rule 
entitled ``Hazardous Materials: Incorporation of Special Permits into 
Regulations'' under PHMSA-2009-0289 [75 FR 27205] (HM-233A) and 
published in the Federal Register on May 14, 2010. Specifically, Veolia 
requests PHMSA reconsider further amending the requirements for lab 
pack to address various safety concerns it claims have resulted from 
the adoption of the HM-233A final rule. Veolia is concerned that 
amendments adopted in HM-233A rulemaking will diminish the safety of 
the shipments of waste Division 5.2 materials for disposal by 
increasing the potential for misclassification of the hazardous 
materials by the shipper and allowing the use of a less rigorous 
packaging. Veolia's specific comments can be reviewed in the docket for 
this rulemaking. As the revisions to the lab pack requirements Veolia 
references were already proposed and offered for comment in the HM-233A 
NPRM and later addressed in the HM-233A final rulemaking, PHMSA does 
not intend to revisit them in this final rule.
    PHMSA believes the additional comprehensive comments from Veolia 
would be more appropriately addressed in a separate rulemaking specific 
to lab pack requirements where they can be offered for comment from the 
regulated community prior to adoption. We appreciate Veolia bringing 
its safety concerns to our attention and encourage it to file a 
petition for rulemaking in accordance with Sec.  106.95 including all 
information (see Sec.  106.100) needed to support a petition if it 
believes these amendments warrant rulemaking action.
Fireworks Containing Sulfur
    PHMSA received one comment from a concerned individual regarding 
the pollution resulting from the use of fireworks. Specifically, the 
commenter expresses concern about the amount and type of pollution 
emitted when using fireworks. The topic of fireworks was not addressed 
in the April 26, 2012 NPRM, and is therefore, beyond the scope of this 
rulemaking. It should be noted that PHMSA published in the Federal 
Register under Docket Number PHMSA-2010-0320 [74 FR 68004] (HM-257) an 
NPRM entitled, ``Hazardous Materials: Revision to Fireworks Approvals 
(RRR)'' that addresses fireworks-related issues. The docket for the 
fireworks rulemaking can be found at http://www.regulations.gov under 
PHMSA-2010-0320 (HM-257).

D. Provisions Not Adopted in This Final Rule and Discussion of Comments

    In this section, PHMSA discusses the changes proposed in the NPRM 
and the comments received in response to the NPRM. Based on an 
assessment of the proposed changes and the comments received, PHMSA 
identified one provision that we are not adopting in this final rule. 
Specifically, PHMSA received considerable negative comments on the 
proposed revision to the closure notification requirements. Below is a 
summary of the amendment proposed, the comments received, and

[[Page 15315]]

PHMSA's rationale for not adopting this proposed amendment.
Closure Notification Requirements
    Section 178.2 specifies the applicability of the requirements to 
specification packagings and the responsibilities of the manufacturer 
or other persons certifying compliance with the specification packaging 
requirements of Part 178. To achieve compliance with these 
requirements, the manufacturer or other person certifying compliance 
with the requirements of Part 178 must provide both notification to 
each person to whom a packaging is transferred of all requirements in 
Part 178 not met at the time of transfer, and applicable closure 
requirements for the packaging. These closure requirements include 
information specifying the type(s) and dimensions of the closures, 
including gaskets and any other components needed to ensure that the 
packaging is capable of successfully passing the applicable performance 
tests. This information must include any procedures to be followed, 
including closure instructions for inner packagings and receptacles, to 
effectively assemble and close the packaging for the purpose of 
preventing leakage in transportation. Closure instructions must provide 
for a consistent and repeatable means of closure that is sufficient to 
ensure the packaging is closed in the same manner as it was tested.
    In April 2006, PHMSA received a request (Reference No.: 06-0123) 
for a letter of interpretation seeking clarification of the closure 
notification requirements specified in Sec.  178.2(c) for ``packages'' 
containing residues. This letter was submitted to PHMSA requesting 
additional clarification on two previously issued letters of 
interpretation (Reference Numbers 05-0015 and 05-0265) which also 
addressed the topic of closure requirements with regard to 
``packaging'' and ``packages.'' In response to Reference No. 06-0123, 
PHMSA indicated that ``packages'' containing residues must meet the 
notification requirements of Sec.  178.2(c) and that we would clarify 
this issue in a future rulemaking.
    In the April 26, 2012 NPRM, PHMSA addressed this need for 
clarification by proposing to revise Sec.  178.2(c) to specify that the 
notification requirements apply to a packaging containing a residue of 
a hazardous materials unless the packaging of hazardous materials meets 
the exceptions provided in Sec.  173.29(b).
    PHMSA received seven comments on these proposed amendments from 
ACA, AHS, DGAC, NACD, RIPA, USWA and Veolia. All of the comments were 
extensive and strongly opposed to the amendment proposed. The 
commenters addressed topics related to the proposed amendments such as 
the intent and applicability of Sec.  178.2(c); impact on re-
conditioners, recyclers and re-users of packagings; information 
collection burden; economic implications, and the safety benefit, or 
lack thereof. PHMSA appreciates this feedback and an overview of these 
comments is provided below. The complete list of comments pertaining to 
this amendment is available in the docket for this rulemaking.
    Several commenters disagree with the proposed amendments to the 
closure notification requirements stating that the changes did not 
reflect the initial intent and applicability of Sec.  178.2(c). DGAC, 
whose membership includes virtually all sectors of the hazmat 
transportation industry, correctly noted that the term ``packaging'' as 
defined in Sec.  171.8 and used in part 178 of the HMR refers only to 
receptacles that do not contain hazardous material. Subsequently, Sec.  
178.2(c) would apply to individuals moving ``packagings'' as defined in 
Sec.  171.8, and not ``packages'' which would include packagings 
containing hazardous materials. DGAC also states that the term 
``subsequent distributors,'' as used in Sec.  178.2(c)(1), is limited 
to intermediaries between the packaging manufacturer and the hazmat 
offeror who fills the packaging with hazardous material. Likewise, ACA 
agrees that the requirements of Sec.  178.2(c) apply to packaging 
manufacturers and those who perform functions described in Part 178; 
not subsequent transporters of previously filled packages.
    Another commenter, AHS, notes that the closure requirements were 
originally intended to identify those tasks of a packaging manufacturer 
that had not been completed by that packaging manufacturer. Therefore, 
the filler would be aware that certain actions were still required to 
be completed to produce, what at the time, was DOT specification 
packaging (e.g. assembling and closing a knocked down fiberboard box). 
Furthermore, it is AHS's understanding that the primary intent of the 
requirement to ship an emptied package containing residue as if it were 
still full (See Sec.  173.29) was to maintain the original hazard 
communications for the residues and not for the purposes of closure 
requirement notification of the packaging. AHS notes that the terms 
``package'' and ``packaging'' are often incorrectly used 
interchangeably and suggests that this was the case in the letter of 
interpretation Reference No.: 06-0123 that precipitated the proposed 
amendment.
    In addition to the concerns about the initial intent of Sec.  
178.2(c), all commenters on this amendment express concern regarding 
the vast impact such an amendment would have on the regulated 
community, specifically re-conditioners, recyclers and re-users of 
packagings. It was consistently noted that this amendment would 
fundamentally change the way hazardous materials packages are 
transported and have implications throughout the transportation chain.
    Many commenters had concerns about the economic impact and an 
increase in information collection burden. While PHMSA originally 
perceived this amendment as a simple clarification of an existing 
requirement, many commenters noted that the revision would provide new 
requirements and thus impose a new economic and paperwork burden. DGAC 
notes that the cost of such a change would be significant and the 
economic evaluation provided in the April 26, 2012 NPRM fails to 
address the associated costs. Furthermore, DGAC notes this change would 
require information collection as the scope of those subject to the 
closure notification requirements would expand. This information 
collection was not addressed in the April 26, 2012 NPRM. ACA states 
this proposed requirement will add significant costs and complexity to 
compliance efforts for containers that are sent for reconditioning and 
reuse. AHS asks that full consideration be given to the economic and 
paperwork impact of requiring every shipper and re-shipper of a filled 
package to provide and retain closure instructions. NACD notes that the 
operational requirements could have substantial economic impacts on 
chemical distributors and customers and could:

    ``[E]asily result in tens of thousands of dollars of additional 
costs for a distributor, increasing with the number of shipments. 
Costs would be substantial for all distributors and would result 
primarily from mailing closure instructions to hundreds of customers 
and answering numerous calls for technical assistance from many of 
these customers.''

    RIPA reiterates the above comments and notes that ``[r]equiring 
that reconditioners be provided notifications is a costly paperwork 
burden with no safety benefit of any kind.'' In addition to the cost of 
the proposed amendment, many commenters were concerned that no safety 
issue was identified to necessitate such a change. ACA notes

[[Page 15316]]

that while PHMSA indicates that this requirement will increase 
compliance, there is no indication in the NPRM that there are incidents 
involving container residues that stemmed from insufficient closure or 
any discussion of the risk posed by residue containers. ACA concludes 
that there does not appear to be a significant safety risk involved in 
the movement of these types of shipments.
    AHS notes the difficulty of implementing such a requirement. It 
provides an example demonstrating this difficulty by noting that for UN 
4G fiberboard cartons, small UN1A2 drums, and crimped lid or friction 
lid pails, there is no realistic method to re-close the outer 
receptacle, or to provide inner liners, cushioning material, etc., for 
a package that usually is being discarded or recycled. AHS requests 
PHMSA provide incident data to ascertain whether any record of safety 
problems involves emptied non-bulk packaging with closures in place but 
not secured in accordance with the original packaging manufacturer's 
instructions. NACD reiterates the above comments and states ``PHMSA 
does not provide evidence that leaking empty containers have been a 
safety problem.''
    Based on the considerable feedback and a further consideration of 
the closure requirements in Sec.  178.2(c), PHMSA is not adopting the 
amendment to the closure notification requirements as proposed in the 
April 26, 2012 NPRM or any amendments to the closure notification 
requirements.
    After further review, and as noted by numerous commenters, PHMSA 
rationalizes that it is apparent that the applicability of Sec.  
178.2(c) is specific to ``packagings'' and not ``packages.'' As defined 
in Sec.  171.8, a packaging ``means a receptacle and any other 
components or materials necessary for the receptacle to perform its 
containment function in conformance with the minimum packing 
requirements of this subchapter'' while a package ``means a packaging 
plus its contents.'' Furthermore, as many commenters note, PHMSA agrees 
that the term ``subsequent distributors'' as used in Sec.  178.2(c)(1) 
is intended to address intermediaries between the manufacturer and the 
hazmat offeror who fills the packaging with hazardous material. It is 
apparent that the requirement to notify each person to whom the 
``packaging'' is transferred is the responsibility of each subsequent 
``packaging'' distributor, not each offeror of a ``package.''
    Furthermore, as is evident from PHMSA's review of the information 
collection burden associated with the closure notification 
requirements, the population to which this regulation is intended to 
apply is restricted to packaging manufacturers and packaging 
distributors and not to the entirety of shippers and offerors of 
hazardous materials packages.
    Based on the comments received, PHMSA will not be adopting any 
changes in the closure notification requirements specified in Sec.  
178.2(c). Subsequently, closure notification requirements would not be 
required to accompany a package containing a residue of a hazardous 
material that is transported for the purposes of re-conditioning, 
recycling or re-use. It was not PHMSA's intent to propose an amendment 
that would impose a significant additional economic and information 
collection burden on the regulated community. Furthermore, PHMSA did 
not intend to expand the applicability of Sec.  178.2(c) beyond 
``packagings'' to include ``packages.'' Rather, PHMSA's intention was 
to address an issue previously identified in a letter of 
interpretation. However, based on further review and the rationale 
presented by commenters, we are rescinding the letter of interpretation 
Reference No.: 06-0123 as the letter contains incorrect information. In 
addition, PHMSA is also rescinding letters of interpretation Reference 
Numbers 05-0015 and 05-0265 as they also contain misinformation. 
Finally, many commenters suggest a thorough economic and safety 
analysis be conducted before amendments similar to those proposed in 
Sec.  178.2(c) for closure notification requirements are adopted. At 
this time, PHMSA does not foresee the need for such analysis as no 
amendments are being adopted.

III. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule 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 final rule makes miscellaneous amendments to 
the HMR. In addition, this final rule corrects errors in the hazardous 
materials table and corresponding special provisions, clarifies the 
requirements for lab packing temperature controlled materials and 
clarifies various cargo tank provisions and revises the training 
requirements to require that a hazmat employer must make hazmat 
employee training records available upon request to an authorized 
officials. These amendments clarify regulatory requirements and, where 
appropriate, decrease the regulatory burden without compromising the 
safe transportation of hazardous materials in commerce.

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

    This final rule is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866 and was not reviewed by the 
Office of Management and Budget (OMB). The final rule is not considered 
a significant rule under the Regulatory Policies and Procedures order 
issued by the Department of Transportation [44 FR 11034].
    In this rulemaking, we amend miscellaneous provisions in the HMR to 
clarify the provisions and to relax overly burdensome requirements. 
PHMSA anticipates the amendments contained in this rule will have 
economic benefits to the regulated community. This final rule is 
designed to increase the clarity of the HMR, thereby increasing 
voluntary compliance while reducing compliance costs.
    Executive Order 13563 is supplemental to and reaffirms the 
principles, structures, and definitions governing regulatory review 
that were established in Executive Order 12866 Regulatory Planning and 
Review of September 30, 1993. In addition, Executive Order 13563 
specifically requires agencies to: (1) Involve the public in the 
regulatory process; (2) promote simplification and harmonization 
through interagency coordination; (3) identify and consider regulatory 
approaches that reduce burden and maintain flexibility; (4) ensure the 
objectivity of any scientific or technological information used to 
support regulatory action; and (5) consider how to best promote 
retrospective analysis to modify, streamline, expand, or repeal 
existing rules that are outmoded, ineffective, insufficient, or 
excessively burdensome.
    In this final rule, PHMSA has involved the public in the regulatory 
process in a variety of ways. Specifically, in this rulemaking PHMSA is 
addressing issues and errors that were identified and tagged for future 
rulemaking consideration in letters of interpretation issued to the 
regulated community and through other correspondence with PHMSA 
stakeholders. In addition, PHMSA has responded to the TSI's request to 
incorporate a guidance document

[[Page 15317]]

designed to assist the sulfur industry in ensuring the safe transport 
of molten sulfur (P-1581). PHMSA asked for public comments based on the 
proposals in the NPRM and upon receipt of public comment, PHMSA has 
addressed all substantive comments in this rulemaking action.
    The amendments in the final rule promote simplification and 
harmonization through interagency coordination. Specifically, in this 
final rule, PHMSA is simplifying the lab pack requirements, the 
hazardous materials table and special provisions and the requirements 
for cargo tank transportation. These revisions are expected to produce 
a safety benefit derived from the increased clarity and reduced 
ambiguity in the special provisions to the Sec.  172.101 HMT, and the 
lab packaging and cargo tank requirements of the HMR. There are minimal 
additional costs. The clarity will result in net benefits.
    This final rule also promotes harmonization with international 
standards, such as the IMDG Code, Canada's TDG requirements and the 
ICAO TI with regard to the handling of ``Lead compounds, soluble 
n.o.s.'' via vessel, rail shipments of residue between the United 
States and Canada and alcoholic beverages via aircraft.
    These revisions to the Sec.  172.101 HMT will eliminate errors in 
the Sec.  172.101 HMT, reduce ambiguity, harmonize the HMR with 
international regulations, and improve clarity. Many of these revisions 
were brought to PHMSA's attention through letters of interpretation 
requested from the regulated community. Although these revisions are 
minor, they are expected to produce a safety benefit derived from the 
increased clarity and accuracy of the text in the Sec.  172.101 HMT.
    This final rule adopts amendments that reduce the regulatory burden 
on the regulated community, allows for flexibility in achieving 
compliance and maintains an appropriate level of safety. This final 
rule permits flexibility in achieving compliance when transporting 
cargo tanks while maintaining an appropriate level of safety. This 
final rule also incorporates a special permit DOT SP-13556 that has a 
strong record of safety. Incorporating this permit into the HMR will 
provide wider access to the benefits of the provisions granted in this 
special permit, therefore, fostering greater regulatory flexibility 
without compromising transportation safety.
    A majority of the amendments adopted in this rulemaking are simple 
clarifications and did not require significant scientific or 
technological information. However, when necessary, PHMSA used 
scientific or technological information to support its regulatory 
action. Specifically, such data was considered when structuring 
alternatives on how to best deal with issues regarding the safe 
transport of cargo tanks and the transport of alcoholic beverages with 
greater than 70% alcohol by volume via cargo aircraft. This information 
was used in the evaluation of alternative proposals and ultimately this 
information determined how best to promote retrospective analysis to 
modify and streamline existing requirements that are outmoded, 
ineffective, insufficient, or excessively burdensome.

C. Executive Order 13132

    This final rule was analyzed in accordance with the principles and 
criteria contained in Executive Order 13132 (``Federalism''). This 
final rule preempts state, local and Indian tribe requirements but does 
not adopt 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 that is 
represented, marked, certified, or sold as qualified for use in the 
transport of hazardous materials.
    This final rule concerns the classification, packaging, and 
handling of hazardous materials, among other covered subjects and as 
adopted preempts 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 this final rule in this matter in the Federal Register.

D. Executive Order 13175

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

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities 
unless the agency determines the rule is not expected to have a 
significant impact on a substantial number of small entities. This 
final rule amends miscellaneous provisions in the HMR to clarify 
provisions based on PHMSA's initiatives and correspondence with the 
regulated community. While maintaining safety, it relaxes certain 
requirements that are overly burdensome. The changes are generally 
intended to provide relief to shippers, carriers, and packaging 
manufacturers, including small entities.
    Consideration of alternative proposals for small businesses. The 
Regulatory Flexibility Act directs agencies to establish exceptions and 
differing compliance standards for small businesses, where it is 
possible to do so and still meet the objectives of applicable 
regulatory statutes. In the case of hazardous materials transportation, 
it is not possible to establish exceptions or differing standards and 
still accomplish our safety objectives.
    The impact of this final rule is not expected to be significant. 
The

[[Page 15318]]

amendments are generally intended to provide relief to shippers, 
carriers, and packaging manufactures and testers, including small 
entities. This relief will provide marginal positive economic benefits 
to shippers, carriers, and packaging manufactures and testers, 
including small entities however; these benefits are not at a level 
that can be considered economically significant. Therefore, this final 
rule will not have a significant economic impact on a substantial 
number of small entities.
    This final rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure that potential impacts of 
draft rules on small entities are properly considered.

 F. Paperwork Reduction Act

    This final rule does not impose any new information collection 
requirements and in three instances marginally decreases the 
information collection burden on the regulated community. Specifically 
the following information collections affected by this rulemaking are:
     Office of Management and Budget (OMB) Control Number 2137-
0051; Rulemaking and Special Permit Petitions: A slight reduction in 
information collection burden is anticipated due to the incorporation 
of a DOT SP-13556 into Sec.  173.134. This permit will allow 
individuals more flexibility when transporting sharps and decrease the 
need for special permits applications when transporting sharps as 
regulated medical wastes.
     OMB Control Number 2137-0034; Hazardous Materials Shipping 
Papers and Emergency Response Information: A negligible reduction in 
information collection burden due to relaxation of the shipping paper 
description requirements for residues specified in Sec.  172.203. 
Specifically, this will allow individuals more flexibility on the 
shipping paper descriptions when shipping waste internationally, and 
will correct a regulatory inconsistency between the HMR and Canadian 
Transportation of Dangerous Goods (TDG) regulations, fostering 
international transport of residues.
     OMB Control Number 2137-0557; Approvals for Hazardous 
Materials: A slight reduction in information collection burden is 
anticipated due to relaxation of approval submittal requirements 
specified in Sec.  105.40. Specifically, this relaxation will permit 
individuals wishing to apply with PHMSA to be an approved designated 
agent to submit their applications either by standard mail or 
electronic mail. Currently, the HMR only permits submission through 
standard mail. This change will result in a decrease in duplicate hard 
copies submitted to PHMSA as well as a decrease in the processing time 
for such applications.
     Although no new training recordkeeping requirements are 
adopted in this final rule, a minimal increase in information 
collection burden may be realized due to increased awareness of the 
training requirements resulting from the modifications specified in 
Sec.  172.704. However; in accordance with 49 U.S.C. 5107(g), training 
records are exempted from the requirements of the paperwork reduction 
act.

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

I. Environmental Assessment

    The National Environmental Policy Act, 42 U.S.C. 4321-4375, 
requires federal agencies to analyze proposed actions to determine 
whether the action will have a significant impact on the human 
environment. The Council on Environmental Quality (CEQ) regulations 
require federal agencies to conduct an environmental review 
considering: (1) The need for the proposed action; (2) alternatives to 
the proposed action; (3) probable environmental impacts of the proposed 
action and alternatives; and (4) the agencies and persons consulted 
during the consideration process. PHMSA is adopting miscellaneous 
amendments to the HMR based on PHMSA's own initiatives including a 
review of the HMR, previous letters of interpretation and special 
permits we issued. These amendments are intended to update, clarify, or 
provide relief from certain existing regulatory requirements to promote 
safer transportation practices; eliminate unnecessary regulatory 
requirements; facilitate international commerce; and make these 
requirements easier to understand.
Description of Action
Docket No. PHMSA-2011-0138 (HM-218G), Final Rule
    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. 5101 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.
Adopted Amendments to the HMR
    In this final rule, PHMSA is adopting amendments to:
     Permit designated agents for non-residents to submit 
designation requests by electronic mail in addition to traditional 
mail.
     Add the Sulphur Institute's (TSI) ``Molten Sulphur Rail 
Tank Car Guidance'' document to the list of informational materials not 
requiring incorporation by reference in Sec.  171.7 (Responds to 
petition for rulemaking P-1581).
     Revise the Sec.  172.101 Hazardous Materials Table (HMT) 
to correct an error in the transportation requirements for entries 
listed under the proper shipping name, ``Hydrazine Dicarbonic Acid 
Diazide.''
     Revise the Sec.  172.101 HMT to remove the entry for 
``Zinc ethyl, see Diethylzinc'' that was superseded by proper shipping 
names adopted in a previous rulemaking.
     Add the entries for ``Paint related material, flammable, 
corrosive (including paint thinning or reducing compound)'' UN3469, PG 
II, and PG III to the Sec.  172.101 HMT that were inadvertently 
omitted.
     Remove references to special provisions B72 and B74 in 
Sec.  172.102.
     Revise special provision 138 in Sec.  172.102 to clarify 
the lead solubility calculation used for classification of material as 
a Marine Pollutant.
     Revise the shipping paper requirements in Sec.  172.203(e) 
to permit the phrase ``Residue last contained'' to be placed before or 
after the basic shipping description sequence, or for rail shipments, 
directly preceding the proper shipping name in the basic shipping 
description sequence.

[[Page 15319]]

     Update the training recordkeeping requirements in Sec.  
172.704 to specify that a hazardous materials (hazmat) employer must 
make hazmat employee training records available upon request, at a 
reasonable time and location, to an authorized official of the 
Department of Transportation or of an entity explicitly granted 
authority to enforce the HMR.
     Clarify that the materials of trade exception in Sec.  
173.6 may be used when transporting Division 2.1 and 2.2 gases in Dewar 
flasks.
     Clarify the lab pack provisions in Sec.  173.12 pertaining 
to temperature-controlled materials contained in a lab pack.
     Clarify the exceptions for external emergency self-closing 
valves on CTMVs in Sec.  173.33(g) to specify that external emergency 
self-closing valves on MC 338 cargo tanks containing cryogenic liquids 
may remain open during transportation.
     Correct an inadvertent deletion of the Sec.  173.62 
packaging requirements for explosives.
     Incorporate special permit DOT SP-13556 into Sec.  
173.134, to authorize the transportation by motor vehicle of certain 
regulated medical wastes, designated as sharps, in non-DOT 
specification containers fitted into wheeled racks.
     Revise the requirements for cargo air transport of 
alcoholic beverages Sec.  173.150 to harmonize with the ICAO TI.
     Clarify the exceptions in Sec.  173.159a for non-spillable 
batteries secured to skids or pallets.
     Revise Sec.  178.2(c) to correct incorrect regulatory 
citations.
     Clarify the requirements for the Flame Penetration 
Resistance test required for chemical oxygen generators and certain 
compressed gases in Appendix E to Part 178.
     Clarify the inspection record requirements in Sec.  
180.416 for discharge systems of cargo tanks transporting liquefied 
compressed gases.
Alternatives Considered
    Alternative (1)--No action alternative: Leave the HMR as is; do not 
adopt above-described amendments.
    The HMR requires various updates and clarifications to correct 
certain omissions, and errors. This action also includes a few minor 
modifications to existing regulatory requirements. If PHMSA chose the 
no-action alternative, the public would not receive the benefit of the 
various updates, clarifications, and modifications to the HMR, which 
will provide information, enhance safety, and provide relief certain 
unnecessary requirements. Therefore, PHMSA rejected the do-nothing 
alternative.
    Alternative (2)--Preferred Alternative: Go forward with the 
proposed amendments to the HMR in the NPRM, as described above.
Environmental Consequences
    Hazardous materials are substances that may pose a threat to public 
safety or the environment during transportation because of their 
physical, chemical, or nuclear properties. The hazardous materials 
regulatory system is a risk management system that is prevention 
oriented and focused on identifying a safety hazard and reducing the 
probability and quantity of a hazardous material release. Hazardous 
materials are categorized by hazard analysis and experience into hazard 
classes and packing groups. The regulations require each shipper to 
classify a material in accordance with these hazard classes and packing 
groups. The process of classifying a hazardous material is itself a 
form of hazard analysis. Further, the regulations require the shipper 
to communicate a material's hazards through use of the hazard class, 
packing group, and proper shipping name on the shipping paper and the 
use of labels on packages and placards on transport vehicles. Thus, the 
shipping paper, labels, and placards communicate the most significant 
findings of the shipper's hazard analysis. A hazardous material is 
assigned to one of three packing groups based upon its degree of 
hazard, from a high hazard, Packing Group I to a low hazard, Packing 
Group III material. The quality, damage resistance, and performance 
standards of the packaging in each packing group are appropriate for 
the hazards of the material transported.
    Under the HMR, hazardous materials are transported by aircraft, 
vessel, rail, and highway. The potential for environmental damage or 
contamination exists when packages of hazardous materials are involved 
in accidents or en route incidents resulting from cargo shifts, valve 
failures, package failures, loading, unloading, collisions, handling 
problems, or deliberate sabotage. The release of hazardous materials 
can cause human death or injury, the loss of ecological resources (e.g. 
wildlife habitats), and the contamination of air, aquatic environments, 
and soil. Contamination of soil can lead to the contamination of ground 
water. Compliance with the HMR substantially reduces the possibility of 
accidental release of hazardous materials.
    When developing potential regulatory requirements, PHMSA evaluates 
those requirements to consider the environmental impact of each 
amendment. Specifically, PHMSA evaluates the: risk of release and 
resulting environmental impact; risk to human safety, including any 
risk to first responders; longevity of the packaging; and if the 
proposed regulation would be carried out in a defined geographic area, 
the resources, especially any sensitive areas, and how they could be 
impacted by any proposed regulations.
    Of the regulatory changes adopted in this rulemaking, ten have been 
determined to be editorial. As such, these amendments have no impact 
on: the risk of release and resulting environmental impact; human 
safety; longevity of the packaging; and none of these amendments would 
be carried out in a defined geographic area. These editorial amendments 
are as follows:
     Revise the Sec.  172.101 Hazardous Materials Table (HMT) 
to correct an error in the transportation requirements for entries 
listed under the proper shipping name, ``Hydrazine Dicarbonic Acid 
Diazide.''
     Revise the Sec.  172.101 HMT to remove the entry for 
``Zinc ethyl, see Diethylzinc'' that was superseded by proper shipping 
names adopted in a previous rulemaking.
     Re-insert the entries for ``Paint related material, 
flammable, corrosive (including paint thinning or reducing compound)'' 
UN3469, PG II, and PG III in the Sec.  172.101 HMT that were 
inadvertently omitted.
     Remove references to special provisions B72 and B74 in 
Sec.  172.102.
     Revise special provision 138 in Sec.  172.102 to clarify 
the lead solubility calculation used for classification of material as 
a Marine Pollutant.
     Correct an inadvertent deletion of the Sec.  173.62 
packaging requirements for explosives.
     Clarify the exceptions in Sec.  173.159a for non-spillable 
batteries secured to skids or pallets.
     Revise Sec.  178.2(c) to correct erroneous regulatory 
citations.
     Clarify the requirements for the Flame Penetration 
Resistance test specified for chemical oxygen generators and certain 
compressed gases in Appendix E to Part 178.
     Clarify the inspection record requirements in Sec.  
180.416 for discharge systems of cargo tanks transporting liquefied 
compressed gases.
    The remaining non-editorial amendments are discussed in further 
detail and evaluated based on their overall environmental impact as 
follows:
     The requirement to permit designated agents for non-
residents to

[[Page 15320]]

submit designation requests by electronic mail in addition to 
traditional mail does not impact positively or negatively on the risk 
of release, risk to human safety, or longevity of the packaging as the 
requirements of the special permit are designed to provide an 
equivalent level of safety to current regulatory requirements. 
Furthermore, this requirement would not be carried out in a defined 
geographic area including any sensitive areas.
     The adoption of the Sulphur Institute's (TSI) ``Molten 
Sulphur Rail Tank Car Guidance'' document to the list of informational 
materials not requiring incorporation by reference in Sec.  171.7 makes 
this document a reference material only and thus would only have a 
minimal impact. Specifically, complying with this document will limit 
the obstruction of valuable tank car markings, labels, and stencils as 
well as tank car safety appliance features such as ladders, which may 
result in a minimal positive impact with regard to the risk of release 
and risk to human safety. PHMSA acknowledges that the presence of 
minimal amounts of residue on the outside of a rail tank car results in 
the emission of small amounts of H2S, SO2, and 
SO3. However, the presence of this residue is a longstanding 
occurrence related to the shipment of molten sulfur and not related to 
or caused by this rulemaking. The adoption or recognition of the 
``Molten Sulfphur Rail Tank Car Guidance'' document seeks to decrease 
any minimal amount of risk caused by this residue. This guidance 
document may also have an impact on tank car cleanliness which may 
result in increased longevity of the packaging. In addition, this 
guidance document could be carried out throughout the country, and is 
not thought to be specific to defined geographic area that includes any 
sensitive areas.
     The revision of the shipping paper requirements in Sec.  
172.203(e) to permit the phrase ``Residue last contained'' to be placed 
before or after the basic shipping description sequence, or for rail 
shipments, directly preceding the proper shipping name in the basic 
shipping description sequence may have a minimal positive environmental 
impact. This impact would result from the diminished amount of delayed 
shipments between the United States and Canada and thus could diminish 
the risk of release, and risk to human safety. PHMSA does not 
anticipate that this amendment will affect the longevity of the 
packaging.
     PHMSA does not anticipate the requirement to update the 
training recordkeeping requirements in Sec.  172.704 to specify that a 
hazmat employer must make hazmat employee training records available 
upon request to an authorized official of the Department of 
Transportation or of an entity explicitly granted authority to enforce 
the HMR will have any environmental impacts. PHMSA views this amendment 
as procedural and thus would have no impact on the risk of release, 
risk to human safety, or longevity of the package. Furthermore, this 
requirement would not be carried out in a defined geographic area 
including any sensitive areas.
     The amendment to permit Division 2.1 and 2.2 gases in 
Dewar flasks to use the Material of Trade exception specified in Sec.  
173.6 does not provide any new regulatory requirement; it simply 
clarifies PHMSA's interpretation of the applicability of the section. 
Therefore, this amendment is a clarification and thus would have no 
impact on the risk of release, risk to human safety, or longevity of 
the package. Furthermore, this requirement would not be carried out in 
a defined geographic area including any sensitive areas.
     The amendment that clarifies that temperature-controlled 
materials meeting the lab pack requirements in Sec.  173.12 must also 
comply with Sec.  173.21(f)(1) may have a small positive environmental 
impact. Specifically, this amendment could provide valuable guidance 
that could eliminate the inclusion of incompatible materials in a lab 
pack and thus, lessen the risk of a release and risk to human safety. 
This amendment will have no impact on the longevity of the package. 
Furthermore, this requirement would not be carried out in a defined 
geographic area including any sensitive areas.
     The amendment that clarifies the exceptions for external 
emergency self-closing valves on CTMVs in Sec.  173.33(g) to specify 
that external emergency self-closing valves on MC 338 cargo tanks 
containing cryogenic liquids may remain open during transportation may 
have a slight impact on the longevity of the CTMV closing valves. 
Limiting the closure of these valves could eliminate some deterioration 
and extend the lifespan of these CTMV valves. PHMSA also anticipates a 
positive impact on risk to human safety. These valves are designed to 
close with a tremendous amount of force to ensure proper closure. 
Subsequently, these valves require a large amount of force and effort 
to open. As a result, the potential for physical injury to employee 
personnel is increased and the ability of the valve system to operate 
is potentially compromised as a result of repeated cycling (opening, 
closing, and testing). PHMSA does not anticipate any impacts on the 
risk of release. Furthermore, this requirement would not be carried out 
in a defined geographic area including any sensitive areas.
     The incorporation of special permit DOT SP-13556 into 
Sec.  173.134, to authorize the transportation by motor vehicle of 
certain regulated medical wastes, designated as sharps, in non-DOT 
specification containers fitted into wheeled racks should have no 
environmental impact. As special permits are designed to provide an 
equivalent level of safety to current regulatory requirements PHMSA 
anticipates no impact on the risk of release, risk to human safety, or 
longevity of packaging. Furthermore, this requirement would not be 
carried out in a defined geographic area including any sensitive areas.
     The harmonization of the requirements for cargo air 
transport of alcoholic beverages specified in Sec.  173.150 with the 
ICAO TI may have a minimal environmental impact. The international 
harmonization of hazardous materials regulations will discourage 
delayed shipments and thus could positively affect the risk of release, 
risk to human safety. PHMSA does not anticipate this amendment will 
affect the longevity of the packaging. Furthermore, this requirement 
would not be carried out in a defined geographic area including any 
sensitive areas.
Agencies Consulted
    This final rule would affect some PHMSA stakeholders, including 
hazardous materials shippers and carriers by highway, rail, vessel, and 
aircraft, as well as package manufacturers and testers. PHMSA sought 
comment on the environmental assessment contained in the April 26, 
2012, NPRM published under Docket PHMSA 2011-0138 [77 FR 24885] (HM-
218G) however, PHMSA did not receive any comments on the environmental 
assessment contained in that rulemaking. In addition, PHMSA sought 
comment from the following Federal Agencies and modal partners:
     Department of Commerce
     Department of Homeland Security
     Department of Justice
     Environmental Protection Agency
     Health and Human Services
     National Institute of Science and Technology
     Occupational Safety and Health Administration
     Federal Aviation Administration

[[Page 15321]]

     Federal Motor Carrier Safety Administration
     Federal Railroad Administration
    PHMSA did not receive any adverse comments on the amendments 
adopted in this final rule from these Federal Agencies.
Conclusion
    PHMSA is adopting miscellaneous amendments to the HMR based on 
comments from the regulated community and PHMSA's own rulemaking 
initiatives. The amendments are intended to update, clarify, or provide 
relief from certain existing regulatory requirements to promote safer 
transportation practices; eliminate unnecessary regulatory 
requirements; facilitate international commerce; and make these 
requirements easier to understand. These clarifications of regulatory 
requirements will foster a greater level of compliance with the HMR and 
thus, diminished levels of hazardous materials transportation incidents 
affecting the health and safety of the environment. Therefore, PHMSA 
concludes that no significant environmental impact will result from 
this rule.

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), which 
may be viewed at http://www.gpo.gov/fdsys/pkg/FR-2000-04-11/pdf/00-8505.pdf.

K. International Trade Analysis

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

List of Subjects

49 CFR Part 105

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

49 CFR Part 171

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

49 CFR Part 172

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

49 CFR Part 173

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

49 CFR Part 177

    Hazardous materials transportation, Loading and Unloading, 
Segregation and Separation.

49 CFR Part 178

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

49 CFR Part 180

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

    In consideration of the foregoing, we are amending 49 CFR Chapter I 
as follows:

PART 105--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
1. The authority citation for part 105 continues to read as follows:

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


0
2. In Sec.  105.40, paragraph (d) is revised to read as follows:


Sec.  105.40  Designated agents for non-residents.

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

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
3. The authority citation for part 171 continues to read as follows:

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


0
4. In Sec.  171.7, in ``Table 1 to 49 CFR 171.7--Materials Not 
Incorporated by Reference'', the following entry is added in 
alphabetical order to read as follows:


Sec.  171.7  Reference material.

* * * * *

------------------------------------------------------------------------
             Source and name of material               49 CFR reference
------------------------------------------------------------------------
 
                              * * * * * * *
The Sulphur Institute, 1020 19th St. NW., Suite 520,
 Washington, DC 20036.
Molten Sulphur Rail Tank Car Guidance document,                  172.102
 November 2010......................................
 
                              * * * * * * *
------------------------------------------------------------------------


[[Page 15322]]

* * * * *

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

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

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


0
6. In Sec.  172.101, the Hazardous Materials Table is amended by 
removing the entries under ``[REMOVE]'', by adding the entries under 
``[ADD]'' in alphabetical order, and revising entries under 
``[REVISE]'' to read as follows:


Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *

[[Page 15323]]



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

[[Page 15324]]

 
                                                                                                              * * * * * * *
D............  Methyl phosphonous  6.1............  NA2845...........  I..............  6.1, 4.2...........  2, B9, B14, B16,    None...........         227  244...........  Forbidden.....  Forbidden.....           D  18.
                dichloride,                                                                                   B32, T20, TP4,
                pyrophoric liquid.                                                                            TP12, TP13, TP38,
                                                                                                              TP45.
 
                                                                                                              * * * * * * *
D............  Sulfur, molten....  9..............  NA2448...........  III............  9..................  30,B13, IB3, R1,    None...........         213  247...........  Forbidden.....  Forbidden.....           C  61.
                                                                                                              T1, TP3.
I............  Sulfur, molten....  4.1............  UN2448...........  III............  4.1................  30, B13, IB1, R1,   None...........         213  247...........  Forbidden.....  Forbidden.....           C  74.
                                                                                                              T1, TP3.
 
                                                                                                              * * * * * * *
+............  Sulfuric acid,      8..............  UN1831...........  I..............  8, 6.1.............  2, B9, B14, B32,    None...........         227  244...........  Forbidden.....  Forbidden.....           C  14, 40.
                fuming with 30                                                                                B77, B84, N34,
                percent or more                                                                               T20, TP2, TP12,
                free sulfur                                                                                   TP13.
                trioxide.
 
                                                                                                              * * * * * * *
G............  Toxic by            6.1............  UN3488...........  I..............  6.1, 3, 8..........  1, B9, B14, B30,    None...........         226  244...........  Forbidden.....  Forbidden.....           D  40, 125.
                inhalation                                                                                    T22, TP2, TP13,
                liquid,                                                                                       TP27, TP38, TP44.
                flammable,
                corrosive, n.o.s.
                with an LC50
                lower than or
                equal to 200 ml/
                m3 and saturated
                vapor
                concentration
                greater than or
                equal to 500 LC50.
G............  Toxic by            6.1............  UN3489...........  I..............  6.1, 3, 8..........  2, B9, B14, B32,    None...........         227  244...........  Forbidden.....  Forbidden.....           D  40, 125.
                inhalation                                                                                    T20, TP2, TP13,
                liquid,                                                                                       TP27, TP38, TP45.
                flammable,
                corrosive, n.o.s.
                with an LC50
                lower than or
                equal to 1000 ml/
                m3 and saturated
                vapor
                concentration
                greater than or
                equal to 10 LC50.
 
                                                                                                              * * * * * * *
G............  Toxic by            6.1............  UN3490...........  I..............  6.1, 4.3, 3........  1, B9, B14, B30,    None...........         226  244...........  Forbidden.....  Forbidden.....           D  21, 28, 40,
                inhalation                                                                                    T22, TP2, TP13,                                                                                              49.
                liquid, water-                                                                                TP27, TP38, TP44.
                reactive,
                flammable, n.o.s.
                with an LC50
                lower than or
                equal to 200 ml/
                m3 and saturated
                vapor
                concentration
                greater than or
                equal to 500 LC50.

[[Page 15325]]

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


[[Page 15326]]

* * * * *


0
7. In Sec.  172.102, special provision 138 is revised in paragraph 
(c)(1) and paragraph (c)(6) is revised to read as follows:


Sec.  172.102  Special provisions.

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

0
8. In Sec.  172.203, paragraphs (e)(1) and (2) are revised to read as 
follows:


Sec.  172.203  Additional description requirements.

* * * * *
    (e) * * *
    (1) The description on the shipping paper for a packaging 
containing the residue of a hazardous material may include the words 
``RESIDUE: Last Contained * * *'' immediately before or after the basic 
shipping description on the shipping paper.
    (2) The description on the shipping paper for a tank car containing 
the residue of a hazardous material must include the phrase, ``RESIDUE: 
LAST CONTAINED * * *'' immediately before or after the basic shipping 
description or immediately preceding the proper shipping name of the 
material on the shipping paper.
* * * * *
0
9. In Sec.  172.704, paragraph (d) introductory text is revised to read 
as follows:


Sec.  172.704  Training requirements.

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

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

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

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


0
11. In Sec.  173.6, paragraph (a)(2) is revised to read as follows:


Sec.  173.6  Materials of trade exceptions.

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

0
12. In Sec.  173.12, paragraph (b)(3) is revised to read as follows:


Sec.  173.12  Exceptions for shipment of waste materials.

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

0
13. In Sec.  173.33, paragraph (g) is revised to read as follows:


Sec.  173.33  Hazardous materials in cargo tank motor vehicles.

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

0
14. In Sec.  173.62, in paragraph (c)(5), in the Table of Packing 
Methods, Packing Instruction 130 is revised to read as follows:


Sec.  173.62  Specific packaging requirements for explosives.

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

                                            Table of Packing Methods
----------------------------------------------------------------------------------------------------------------
                                                                 Intermediate
       Packaging instruction            Inner packagings          packagings              Outer packaging
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
130................................  Not necessary........  Not necessary........  Boxes.

[[Page 15327]]

 
Particular Packaging Requirements:                                                   Steel (4A).
1. The following applies to UN                                                     Aluminum (4B).
 0006, 0009, 0010, 0015, 0016,                                                     Wood natural, ordinary (4C1).
 0018, 0019, 0034, 0035, 0038,                                                     Wood natural, sift-proof
 0039, 0048, 0056, 0137, 0138,                                                      walls (4C2).
 0168, 0169, 0171, 0181, 0182,                                                     Plywood (4D).
 0183, 0186, 0221, 0238, 0243,                                                     Reconstituted wood (4F).
 0244, 0245, 0246, 0254, 0280,                                                     Fiberboard (4G).
 0281, 0286, 0287, 0297, 0299,                                                     Plastics, expanded (4H1).
 0300, 0301, 0303, 0321, 0328,                                                     Plastics, solid (4H2).
 0329, 0344, 0345, 0346, 0347,                                                     Drums.
 0362, 0363, 0370, 0412, 0424,
 0425, 0434, 0435, 0436, 0437,
 0438, 0451, 0459 and 0488.
Large and robust explosives                                                          Steel, removable head
 articles, normally intended for                                                   (1A2).
 military use, without their means                                                 Aluminum, removable head
 of initiation or with their means                                                  (1B2).
 of initiation containing at least                                                 Plywood (1D).
 two effective protective features,                                                Fiber (1G).
 may be carried unpackaged. When                                                   Plastics, removable head
 such articles have propelling                                                      (1H2).
 charges or are self-propelled,                                                    Large Packagings.
 their ignition systems must be                                                    Steel (50A).
 protected against stimuli                                                         Aluminum (50B).
 encountered during normal                                                         Metal other than steel or
 conditions of transport. A                                                         aluminum (50N).
 negative result in Test Series 4                                                  Rigid plastics (50H).
 on an unpackaged article indicates                                                Natural wood (50C).
 that the article can be considered                                                Plywood (50D).
 for transport unpackaged. Such                                                    Reconstituted wood (50F).
 unpackaged articles may be fixed                                                  Rigid fiberboard (50G).
 to cradles or contained in crates
 or other suitable handling devices.
2. Subject to approval by the
 Associate Administrator, large
 explosive articles, as part of
 their operational safety and
 suitability tests, subjected to
 testing that meets the intentions
 of Test Series 4 of the UN Manual
 of Tests and Criteria with
 successful test results, may be
 offered for transportation in
 accordance with the requirements
 of this subchapter.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
15. In Sec.  173.134, paragraph (c)(2) is revised to read as follows:


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

* * * * *
    (c) * * *
    (2) The following materials may be offered for transportation and 
transported as a regulated medical waste when packaged in a rigid non-
bulk packaging conforming to the general packaging requirements of 
Sec. Sec.  173.24 and 173.24a and packaging requirements specified in 
29 CFR 1910.1030 and transported by a private or contract carrier in a 
vehicle used exclusively to transport regulated medical waste:
    (i) Waste stock or culture of a Category B infectious substance;
    (ii) Plant and animal waste regulated by the Animal and Plant 
Health Inspection Service (APHIS);
    (iii) Waste pharmaceutical materials;
    (iv) Laboratory and recyclable wastes;
    (v) Infectious substances that have been treated to eliminate or 
neutralize pathogens;
    (vi) Forensic materials being transported for final destruction;
    (vii) Rejected or recalled health care products;
    (viii) Documents intended for destruction in accordance with the 
Health Insurance Portability and Accountability Act of 1996 (HIPAA) 
requirements;
    (ix) Medical or clinical equipment and laboratory products provided 
they are properly packaged and secured against exposure or 
contamination; or
    (x) Sharps in sharp containers provided the containers are securely 
closed to prevent leaks or punctures; do not exceed 18 gallons 
capacity; registered under the Medical Device Regulations of FDA; made 
of puncture resistant plastic that meets ASTM Standard F2132-01, 
Standard Specification for Puncture Resistance of Materials Used in 
Containers for Discarded Medical Needles and Other Sharps; and are 
securely fitted into wheeled racks that hold them in an upright 
position. The wheeled racks must contain full rows of sharps containers 
secured in place by a moveable bar; and must be securely held in place 
on the motor vehicle by straps or load bars during transportation. No 
shelf in any wheeled rack may exceed the manufacturer's recommended 
load capacity.
* * * * *
0
16. In Sec.  173.150, paragraph (d) is revised to read as follows:


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

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

[[Page 15328]]

    (ii) For transportation aboard a passenger-carrying aircraft, 
contains more than 24% but less than 70% alcohol by volume when in 
unopened retail packagings not exceeding 5 liters (1.3 gallons) carried 
in carry-on or checked baggage, with a total net quantity per person of 
5 liters (1.3) gallons (See Sec.  175.10(a)(4) of this subchapter); or
    (iii) When carried as cargo, contains more than 24% but less than 
70% alcohol by volume in an inner packaging not exceeding 5 L (1.3 
gallons).
* * * * *

0
17. In Sec.  173.159a, paragraphs (c) introductory text and (c)(1) are 
revised to read as follows:


Sec.  173.159a  Exceptions for non-spillable batteries.

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

PART 177--CARRIAGE BY PUBLIC HIGHWAY

0
18. The authority citation for part 177 continues to read as follows:

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


0
19. In Sec.  177.834, paragraph (j)(2) is revised to read as follows:


Sec.  177.834  General requirements.

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

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

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


0
21. In Sec.  178.2, paragraph (c)(1) introductory text is revised to 
read as follows:


Sec.  178.2  Applicability and responsibility.

* * * * *
    (c) Notification. (1) Except as specifically provided in Sec. Sec.  
178.337-18, 178.338-19, and 178.345-15 of this part, the manufacturer 
or other person certifying compliance with the requirements of this 
part, and each subsequent distributor of that packaging must:
* * * * *

0
22. In Appendix E to Part 178, Figure 1 and Figure 2 are added 
following the text to read as follows:

Appendix E to Part 178--Flame Penetration Resistance Test

* * * * *

[[Page 15329]]

[GRAPHIC] [TIFF OMITTED] TR11MR13.013


[[Page 15330]]


[GRAPHIC] [TIFF OMITTED] TR11MR13.014

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
23. The authority citation for part 180 continues to read as follows:

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


0
24. In Sec.  180.416, paragraph (d)(5) is revised to read as follows:


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

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


[[Page 15331]]


    Issued in Washington, DC on February 19, 2013, under authority 
delegated in 49 CFR part 106.
Cynthia L. Quarterman,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2013-04198 Filed 3-8-13; 8:45 am]
BILLING CODE 4910-60-P