[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Rules and Regulations]
[Pages 35484-35546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12034]



[[Page 35483]]

Vol. 81

Thursday,

No. 106

June 2, 2016

Part III





 Department of Transportation





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 Pipeline and Hazardous Materials Safety Administration





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49 CFR Parts 107, 171, 172, et al.





Hazardous Materials: Miscellaneous Amendments (RRR); Final Rule

  Federal Register / Vol. 81 , No. 106 / Thursday, June 2, 2016 / Rules 
and Regulations  

[[Page 35484]]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 171, 172, 173, 175, 176, 177, 178, 179, and 180

[Docket No. PHMSA-2013-0225 (HM-218H)]
RIN 2137-AF04


Hazardous Materials: Miscellaneous Amendments (RRR)

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
U.S. Department of Transportation (DOT).

ACTION: Final rule.

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SUMMARY: In this final rule, the Pipeline and Hazardous Materials 
Safety Administration (PHMSA) is amending the Hazardous Materials 
Regulations (HMR) to make miscellaneous amendments in order to update 
and clarify certain regulatory requirements. These amendments are 
designed to promote safer transportation practices, address petitions 
for rulemaking, respond to National Transportation Safety Board (NTSB) 
Safety Recommendations, facilitate international commerce, make 
editorial corrections, and simplify the regulations. The amendments in 
this rulemaking include, but are not limited to, removing the packing 
group (PG) II designation for certain organic peroxides, self-reactive 
substances, and explosives; incorporating requirements for trailers of 
manifolded acetylene cylinders; providing requirements to allow for 
shipments of damaged wet electric batteries; and revising the 
requirements for the packaging of nitric acid, testing of pressure 
relief devices on cargo tanks, and shipments of black or smokeless 
powder for small arms.

DATES: 
    Effective Date: This rule is effective July 5, 2016.
    Voluntary Compliance Date: Voluntary compliance with all amendments 
is authorized June 2, 2016.
    Incorporation by reference Date: The incorporation by reference of 
certain publications listed in this rule is approved by the Director of 
the Federal Register as of July 5, 2016.

FOR FURTHER INFORMATION CONTACT: Aaron Wiener or Michael Ciccarone, 
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:

Table of Contents

I. Background
II. Incorporation by Reference Discussion Under 1 CFR Part 51
III. Comment Discussion
    A. Petitions for Rulemaking and NTSB Safety Recommendations
    B. Provisions Not Adopted in This Final Rule
    C. Comments Outside the Scope of This Rulemaking
IV. Section-by-Section Review
V. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for This 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. Regulation Identifier Number (RIN)
    H. Unfunded Mandates Reform Act
    I. Environmental Assessment
    J. Privacy Act
    K. International Trade Analysis

I. Background

    On January 23, 2015, PHMSA published a notice of proposed 
rulemaking (NPRM) [Docket No. PHMSA-2013-0225 (HM-218H); 80 FR 3787] 
that proposed amendments to update and clarify existing requirements of 
the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). Both 
the NPRM and this final rule are part of the Department of 
Transportation's Retrospective Regulatory Review (RRR) process designed 
to identify ways to improve the HMR through the extensive review of 
both the HMR and previously issued letters of interpretation. In 
addition, the NPRM proposed regulatory requirements in response to 
seven (7) petitions for rulemaking and two (2) NTSB Safety 
Recommendations. The changes proposed in the NPRM are summarized below:

Petitions for Rulemaking

    The following table provides a brief summary of the petitions 
addressed in the NPRM and the affected sections. These petitions are 
included in the docket for this proceeding:

------------------------------------------------------------------------
                                                   Summary and affected
          Petition               Petitioner             section(s)
------------------------------------------------------------------------
P-1590.....................  Dangerous Goods     Remove the packing
                              Advisory Council    group (PG) II
                              (DGAC).             designation for
                                                  certain organic
                                                  peroxides, self-
                                                  reactive substances,
                                                  and explosives in the
                                                  Sec.   172.101
                                                  Hazardous Materials
                                                  Table (HMT).
P-1591.....................  Air Products and    Amend the marking
                              Chemicals, Inc.     requirements for
                                                  poisonous-by-
                                                  inhalation shipments
                                                  transported in
                                                  accordance with the
                                                  International Maritime
                                                  Dangerous Goods (IMDG)
                                                  Code or Transport
                                                  Canada's Transport of
                                                  Dangerous Goods (TDG)
                                                  Regulations (Sec.
                                                  171.23).
P-1597.....................  DGAC..............  Require that emergency
                                                  response telephone
                                                  numbers be displayed
                                                  on shipping papers
                                                  numerically (Sec.
                                                  172.604).
P-1601.....................  United Parcel       Amend the packaging
                              Service (UPS).      instructions for
                                                  certain shipments of
                                                  nitric acid by
                                                  requiring intermediate
                                                  packaging for glass
                                                  inner packagings (Sec.
                                                    173.158).
P-1604.....................  National Propane    Extend the pressure
                              Gas Association     test and internal
                              (NPGA).             visual inspection test
                                                  period to 10 years for
                                                  certain MC 331 cargo
                                                  tanks in dedicated
                                                  propane delivery
                                                  service (Sec.
                                                  180.407).
P-1605.....................  Compressed Gas      Incorporate by
                              Association (CGA).  reference in Sec.
                                                  171.7 CGA G-1.6-2011,
                                                  Standard for Mobile
                                                  Acetylene Trailer
                                                  Systems, Seventh
                                                  Edition, copyright
                                                  2011 (Sec.  Sec.
                                                  171.7 and 173.301).
P-1609.....................  Truck Trailer       Clarify the
                              Manufacturers       requirements
                              Association         applicable to the
                              (TTMA).             testing of pressure
                                                  relief devices for
                                                  cargo tank motor
                                                  vehicles (Sec.
                                                  180.407).
------------------------------------------------------------------------

NTSB Safety Recommendations

    The following table provides a brief summary of the NTSB 
recommendations addressed in the NPRM and the affected sections. These 
recommendations are included in the docket for this proceeding:

[[Page 35485]]



------------------------------------------------------------------------
       Recommendation                Summary and affected section
------------------------------------------------------------------------
H-09-01....................  Modify 49 CFR 173.301 to clearly require
                              (1) that cylinders be securely mounted on
                              mobile acetylene trailers and other
                              trailers with manifolded cylinders to
                              reduce the likelihood of cylinders being
                              ejected during an accident and (2) that
                              the cylinder valves, piping, and fittings
                              be protected from multidirectional impact
                              forces that are likely to occur during
                              highway accidents, including rollovers.
H-09-02....................  Require fail-safe equipment that ensures
                              that operators of mobile acetylene
                              trailers can perform unloading procedures
                              only correctly and in sequence (Sec.
                              173.301).
------------------------------------------------------------------------

Amendments Based on PHMSA Review

     Revise Sec.  107.402(d)(1)(i) to replace the term 
``citizen'' with the term ``resident.''
     Revise Sec.  107.402(e) to require that a (cigarette) 
lighter certification agency submits a statement that the agency is 
independent of and not owned by a lighter manufacturer, distributor, 
import or export company, or proprietorship.
     Revise Sec.  107.402(f) to require portable tank and 
multi-element gas container (MEGC) certification agencies to submit a 
statement indicating that the agency is independent of and not owned by 
a portable tank or MEGC manufacturer, owner, or distributor.
     Revise Sec.  107.807 to require a cylinder inspection 
agency to be independent of and not owned by a cylinder manufacturer, 
owner, or distributor.
     Remove the entry for CGA Pamphlet C-1.1 in Table 1 to 
Sec.  171.7.
     Revise the Sec.  172.101 HMT to add Special Provision B120 
to Column (7) for the entry ``Calcium nitrate, UN1454.''
     Revise the Sec.  172.101 HMT to remove vessel stowage 
provision 24E from Column (10B) for the entry for ``Propellant, solid, 
UN0501.''
     Revise the Sec.  172.101 HMT entry for ``Corrosive 
liquids, flammable, n.o.s., UN2920, PG II'' for consistency with the 
United Nations (UN) Model Regulations, International Maritime Dangerous 
Goods (IMDG) Code, and the International Civil Aviation Organization 
Technical Instructions (ICAO TI) such that this entry is eligible for 
the limited quantity exceptions.
     Revise the Sec.  172.101 HMT entry for ``Oxidizing solid, 
corrosive, n.o.s., UN3085, PG II'' for consistency with the UN Model 
Regulations, IMDG Code, and the ICAO TI such that this entry is 
eligible for the limited quantity exceptions.
     Revise the Sec.  172.101 HMT entries for ``Trinitrophenol 
(picric acid), wetted, with not less than 10 percent water by mass, 
UN3364'' and ``Trinitrophenol, wetted with not less than 30 percent 
water, by mass, UN1344'' to harmonize the HMR with the UN Model 
Regulations, IMDG Code, and the ICAO TI to clarify that the 500 gram 
limit per package does not apply to UN1344 but does apply to UN3364.
     Revise Sec.  172.102, Special Provision 136 assigned to 
the proper shipping name ``Dangerous goods in machinery or apparatus, 
UN3363'' to include reference to subpart G of part 173.
     Remove reference to obsolete Special Provision 18 for the 
Sec.  172.101 HMT entry ``Fire extinguishers, UN1044'' and in Sec.  
180.209(j) and provide correct cross reference to Sec.  173.309.
     Correct a reference in Sec.  172.201 to exceptions for the 
requirement to provide an emergency response telephone number on a 
shipping paper.
     Revise Sec. Sec.  172.301(f), 172.326(d), and 172.328(e) 
to include the clarification that the ``NOT-ODORIZED'' or ``NON-
ODORIZED'' marking may appear on packagings used for both non-odorized 
and odorized liquefied petroleum gas (LPG) and remove the effective 
date of October 1, 2006 or ``after September 30, 2006,'' if it appears 
in these paragraphs, as the effective date has passed.
     Amend Sec.  172.406(d) by clearly authorizing the use of 
labels described in part 172, Subpart E with a dotted or solid line 
outer border on a surface background of contrasting color.
     Update a mailing address in Sec.  172.407(d)(4)(ii).
     Clarify the Sec.  172.514(c) marking size requirements for 
an intermediate bulk container (IBC) that is labeled instead of 
placarded by replacing the bulk package marking reference with the non-
bulk marking reference, specifically Sec.  172.301(a)(1).
     Revise Sec.  173.4a(a) to clarify that articles (including 
aerosols) are not eligible for excepted quantity reclassification under 
Sec.  173.4a, although some are eligible to be shipped as small 
quantities by highway and rail in Sec.  173.4.
     Clarify that the Sec.  173.24a(c)(1)(iv) requirements do 
not apply to limited quantities packaged in accordance with Sec.  
173.27(f)(2).
     Clarify the Sec.  173.27(f)(2) quantity limits for mixed 
contents packages.
     Clarify the requirements applicable to bulk transportation 
of combustible liquids by adding a new subparagraph Sec.  
173.150(f)(3)(xi) stating that the registration requirements in subpart 
G of part 107 are applicable and revising Sec.  173.150(f)(3)(ix) and 
(x) for punctuation applicable to a listing of requirements.
     Add a new paragraph (k) in Sec.  173.159 to allow shippers 
to prepare for transport and offer into transportation damaged wet 
electric storage batteries.
     Revise Sec.  173.166(e)(6) to add the words ``or cargo 
vessel.''
     Revise Sec. Sec.  173.170 and 173.171 by changing the term 
``motor vehicle'' to ``transport vehicle'' to allow for motor vehicles 
comprised of more than one cargo-carrying body to carry 100 pounds of 
black or smokeless powder reclassed as Division 4.1 in each cargo-
carrying body instead of 100 pounds total in the motor vehicle.
     Revise Sec.  173.199(a)(4) by removing the reference to 
the steel rod impact test in Sec.  178.609(h).
     Clarify the Sec.  173.225 Packing Method table for organic 
peroxide materials.
     Amend the Sec.  172.101 HMT bulk packaging section 
reference in Column (8C) from Sec.  173.240 to Sec.  173.216 for the 
entries ``Asbestos, NA2212,'' ``Asbestos, amphibole amosite, tremolite, 
actinolite, anthophyllite, or crocidolite, UN2212,'' and ``Asbestos, 
chrysotile, UN2590.'' In addition, we proposed to revise paragraph 
(c)(1) in Sec.  173.216 by authorizing the use of bulk packages 
prescribed in Sec.  173.240.
     Add a new paragraph (h) to Sec.  173.314 to require 
odorization of liquefied petroleum gas when contained in rail cars and 
revise Sec.  173.315(b)(1) to address odorant fade and under-
odorization in certain cargo tanks.
     Amend Sec.  173.306(k)(1) to clarify that aerosols shipped 
for recycling or disposal by motor vehicle containing a limited 
quantity are afforded the applicable exceptions provided for ORM-D 
materials granted under Sec. Sec.  173.306(i) and 173.156(b).
     Create a new paragraph (d) in Sec.  175.1 stating that the 
HMR does not apply to dedicated air ambulance, firefighting, or search 
and rescue operations.

[[Page 35486]]

     Correct Sec.  175.8 by adding the appropriate 14 CFR part 
125 citations.
     Clarify the Sec.  175.10 exceptions for passengers, 
crewmembers, and air operators in paragraphs (a)(18), (22), and (24) 
for the carriage of hazardous materials aboard a passenger aircraft.
     Clarify Sec.  175.75(e)(2) by replacing the word 
``located'' with ``certificated.''
     Clarify Sec.  176.30(a)(4) by replacing the word 
``packaging'' with ``package.''
     Clarify that the loading restrictions in Sec.  
177.835(c)(1) through (4) are applicable to Sec.  177.848(e).
     Revise Sec.  178.65(i)(1) to correctly reference the 
manufacturer's report requirements in Sec.  178.35(g).
     Clarify Sec.  178.337-17(a) to eliminate confusion of the 
name plate and specification plate requirements.
     Correct an editorial error in the formula in Sec.  
178.345-3(c)(1).
     Include provisions consistent with the non-bulk packaging 
and IBC approval provisions for Large Packagings in Sec.  178.955.
     Clarify the requirements for Federal Railroad 
Administration (FRA) approval of tank car designs in Sec.  179.13.

II. Incorporation by Reference Discussion Under 1 CFR Part 51

    The CGA G-1.6-2011, Standard for Mobile Acetylene Trailer Systems, 
Seventh Edition, copyright 2011 and the AAR Manual of Standards and 
Recommended Practices, Section C--Part III, Specifications for Tank 
Cars, Specification M-1002, (AAR Specifications for Tank Cars), 
December 2000 are available for interested parties to purchase in 
either print or electronic versions through the parent organization Web 
sites. The price charged helps to cover the cost of developing, 
maintaining, hosting, and accessing these standards. The specific 
standards are discussed in greater detail in the Comment Discussion 
(Mobile Acetylene Trailer Systems (P-1605) and NTSB Safety 
Recommendations H-09-01 and H-09-02) and Section-by-Section Review of 
Sec.  171.7.

III. Comment Discussion

    In response to PHMSA's January 23, 2015 NPRM [80 FR 3787], PHMSA 
received comments from the following organizations and individuals (we 
include the referenced docket number in numerical order for each 
comment):

------------------------------------------------------------------------
            Commenter                          Docket ID No.
------------------------------------------------------------------------
Anonymous........................  PHMSA-2013-0225-0013
Aaron Adamczyk...................  PHMSA-2013-0225-0014
Girard Equipment, Inc............  PHMSA-2013-0225-0019
Truck Trailer Manufacturers        PHMSA-2013-0225-0020,
 Association (TTMA).               PHMSA-2013-0225-0068
Peter Weis.......................  PHMSA-2013-0225-0021
Massachusetts Department of Fire   PHMSA-2013-0225-0022
 Services.
Air Products and Chemicals, Inc..  PHMSA-2013-0225-0023
National Association of State      PHMSA-2013-0225-0024
 Fire Marshalls (NASFM).           PHMSA-2013-0225-0029
Paul Berland.....................  PHMSA-2013-0225-0025
Adrian Mendoza...................  PHMSA-2013-0225-0026
Mary Shesgreen...................  PHMSA-2013-0225-0027
Betts Industries, Inc............  PHMSA-2013-0225-0028
New Hampshire Office of the State  PHMSA-2013-0225-0030
 Fire Marshall.
Shelley Brown....................  PHMSA-2013-0225-0031
Mary M Lane......................  PHMSA-2013-0225-0032
American Trucking Associations     PHMSA-2013-0225-0033
 (ATA).
National Transportation Safety     PHMSA-2013-0225-0034
 Board (NTSB).
URS Corporation..................  PHMSA-2013-0225-0035
The Compressed Gas Association     PHMSA-2013-0225-0036,
 (CGA).                            PHMSA-2013-0225-0052
Marnelle Curtis..................  PHMSA-2013-0225-0037
Frack Free Illinois..............  PHMSA-2013-0225-0038
Battery Council International      PHMSA-2013-0225-0039
 (BCI).
Riki Ott.........................  PHMSA-2013-0225-0040
Anonymous........................  PHMSA-2013-0225-0041
Stephanie Bilenko................  PHMSA-2013-0225-0042
Doug Ower........................  PHMSA-2013-0225-0043
Beverley.........................  PHMSA-2013-0225-0044
Gloria Charland..................  PHMSA-2013-0225-0045
Institute of Makers of Explosives  PHMSA-2013-0225-0046
 (IME).
National Association of Chemical   PHMSA-2013-0225-0047
 Distributors (NACD).
Utility Solid Waste Activities     PHMSA-2013-0225-0048,
 Group (USWAG).                    PHMSA-2013-0225-0069
Public.Resource.Org, Greenpeace    PHMSA-2013-0225-0049
 USA.
Chlorine Institute...............  PHMSA-2013-0225-0050
American Coatings Association      PHMSA-2013-0225-0051
 (ACA).
American Chemistry Council (ACC).  PHMSA-2013-0225-0053
International Association of Fire  PHMSA-2013-0225-0054
 Chiefs (IAFC).
Dangerous Goods Advisory Council   PHMSA-2013-0225-0055
 (DGAC).
Dow Chemical Company.............  PHMSA-2013-0225-0056
United Parcel Service (UPS)......  PHMSA-2013-0225-0057
Veolia ES Technical Solutions,     PHMSA-2013-0225-0058
 LLC (Veolia).
Council on Safe Transportation of  PHMSA-2013-0225-0059
 Hazardous Articles (COSTHA).
James Scott......................  PHMSA-2013-0225-0060
National Propane Gas Association   PHMSA-2013-0225-0061
 (NPGA).
Anonymous........................  PHMSA-2013-0225-0062
Association of American Railroads  PHMSA-2013-0225-0063
 (AAR).
Harv Teitelbaum..................  PHMSA-2013-0225-0064

[[Page 35487]]

 
Marvin Feil......................  PHMSA-2013-0225-0065
Reusable Industrial Packaging      PHMSA-2013-0225-0066
 Association (RIPA).
Jones Chemical, Inc..............  PHMSA-2013-0225-0067
Sporting Arms and Ammunition       PHMSA-2013-0225-0070
 Manufacturers Institute, Inc.
 (SAAMI)
Trammo, Inc......................  PHMSA-2013-0225-0073
------------------------------------------------------------------------

    A discussion of the comments and PHMSA's position regarding action 
in this final rule is provided below. We begin with a discussion of 
comments on the proposals to revise the HMR based on petitions for 
rulemaking and NTSB Safety Recommendations. Note that additional 
comments are addressed in the Section-by-Section Review. Further, we 
discuss comments and proposals not adopted under this final rule, later 
discussing comments that are outside the scope of the proposals of this 
rulemaking.

A. Petitions for Rulemaking and NTSB Safety Recommendations

Amendments to the HMR for Organic Peroxides, Self-Reactive Substances 
and Explosives (P-1590)

    The DGAC submitted a petition (P-1590) requesting that PHMSA amend 
the HMR by removing the PG II designation in Column (5) of the Sec.  
172.101 HMT for all organic peroxides (Division 5.2), self-reactive 
substances (Division 4.1), and explosives (Class 1). The DGAC states 
that organic peroxides, self-reactive substances, and explosives are 
not assigned a packing group in accordance with either the HMR or 
international regulations. Despite the absence of regulatory language 
for determining a packing group assignment for these materials, proper 
shipping names for these materials listed in the HMT are assigned a 
default PG II. The DGAC asserts that the presence of a PG assignment 
for these entries is a constant source of confusion that leads to 
frustration of shipments, further indicating that the frustration 
typically occurs when shipping papers are inspected by carrier staff 
and enforcement personnel along the transport chain with respect to the 
Sec.  172.202(a)(4) requirement to include the ``packing group in Roman 
numerals, as designated for the hazardous material in Column (5) of the 
Sec.  172.101 table.''
    The DGAC notes that while Sec.  172.202(a)(4) also excepts organic 
peroxides, self-reactive substances, and explosives from the 
requirement to provide a PG as part of the required description, a 
great deal of confusion is created given that, irrespective of this 
exception, PGs are provided for these materials in the Sec.  172.101 
HMT. Furthermore, the DGAC also states that the HMR are inconsistent 
with international regulations, as a PG is not indicated for these 
materials in their respective hazardous materials (dangerous goods) 
tables. In addition, those regulations restrict the provision of a PG 
in the transport document basic description to materials where a PG has 
been assigned in accordance with classification requirements: Thus, 
with no PG indicated for these substances in the respective lists, it 
is inappropriate to provide a PG in the hazardous materials description 
on a shipping paper under international regulations. Consequently, 
provision of a PG for domestic transportation would constitute a 
violation of international regulations for international 
transportation.
    The DGAC states that removing the PG for these materials from the 
HMT would impose no additional costs and would, in fact, result in a 
net savings since many unnecessary delays in hazardous material 
shipments would be avoided. However, the DGAC did not provide a 
specific figure for the anticipated net savings.
    The DGAC also states that the packaging provisions in Part 173 for 
these materials indicate the level of performance required. Therefore, 
although certain packagings must meet PG II performance levels, they do 
not indicate a degree of danger or the variation to PG I or PG III 
packagings.
    In the NPRM, PHMSA proposed to remove the PG II designation from 
Column (5) of the HMT for organic peroxides (Division 5.2), self-
reactive substances (Division 4.1), and explosives (Class 1) as 
requested in the petition. We agree with the petitioner that, when the 
PG does not relate to the degree of hazard of the material based on 
classification criteria but rather is broadly assigned to an entire 
group of materials for purposes of applying regulatory requirements, 
there is limited value in requiring an indication of the PG on a 
shipping paper. PHMSA solicited comment on the safety implications and 
net benefits of such a change and, as a result, received three comments 
from ACA, IME, and DGAC in support of the proposed revision. The ACA 
commented that international harmony is vitally important and will help 
maintain the exemplary safety record for the transport of hazardous 
materials. In its comments, IME stated that in a letter to PHMSA dated 
June 20, 2012, it supported the petition submitted by DGAC, 
acknowledging that ``IME has encountered enforcement officials' 
confusion over not showing the packing group on Class 1 shipping 
papers, as is allowed by regulation. Shipping paper violations can lead 
to out-of-service orders and have serious consequences to IME members' 
ability to operate as a motor carrier or hold special permits and 
approvals.'' IME noted that its ``experience has not changed in the 
intervening time period, and we continue to support the position 
advocated by DGAC. We believe that the action being contemplated by 
PHMSA will eliminate the confusion that is engendered by the current 
default assignment.'' IME further commented that the removal of the PG 
II designation would not result in the incorrect packaging of Class 1 
explosives in other than an approved package because of the Sec.  
173.60(a) requirement that a packaging used for Class 1 (explosives) 
materials must meet the PG II requirements. In addition to its 
supporting comments, IME requested that shippers who currently include 
the PG designation on shipping papers continue to be able to do so 
without risk of incurring a violation.
    Taking into account the reasons for the removal of the PG II 
designation from Column (5) of the HMT for organic peroxides, self-
reactive substances, and explosives, PHMSA disagrees with IME that 
shippers should be provided the option of electively indicating a PG on 
a shipping paper for a HMT entry that is no longer assigned a PG 
designation. PHMSA believes that allowing this practice would continue 
to perpetuate confusion and result in the continued frustration of 
shipments. Further, allowing a PG on a shipping paper for a HMT entry 
that is not assigned a PG designation for domestic transportation would 
not be in alignment with, and would continue to constitute a violation 
of, international regulations for international transportation. For 
these reasons, we are revising Column (5) of the HMT as proposed in the 
NPRM without an exception to voluntarily apply the PG II designation on 
a shipping paper.

[[Page 35488]]

Marking Requirements for Poison-by-Inhalation Materials (P-1591)
    Air Products and Chemicals, Inc. submitted a petition (P-1591) 
requesting that PHMSA amend the marking requirements for poison-by-
inhalation hazard (PIH) materials that are shipped in accordance with 
the IMDG Code or Transport Canada's Transportation of Dangerous Goods 
(TDG) Regulations. Specifically, the petitioner requested that PHMSA 
modify Sec.  171.23(b)(10)(iv)(A) and (B) to remove the phrase 
``regardless of the total quantity contained in the transport vehicle 
or freight container'' in both paragraphs to align part 171, subpart C 
requirements for use of international regulations with the poisonous 
hazardous material marking requirements in Sec.  172.313(c), which 
offers exceptions based on Hazard Zone, quantity, and number of 
distinct materials.
    Subpart C of part 171 specifies requirements for shipments offered 
for transportation or transported in the United States under 
international regulations. For PIH material, subparagraphs (A) and (B) 
of Sec.  171.23(b)(10)(iv) require that the transport vehicle or 
freight container must be marked with the identification numbers for 
the hazardous material, regardless of the total quantity contained in 
the transport vehicle or freight container, in the manner specified in 
Sec.  172.313(c) [i.e., the HMR] and placarded as required by subpart F 
of part 172. The petitioner stated that the phrase ``regardless of the 
total quantity contained in the transport vehicle or freight 
container'' gives the appearance that the identification number marking 
requirement is applicable to any quantity, the remainder of the 
sentence states that the marking must be ``in the manner specified in 
Sec.  172.313(c) of this subchapter,'' which provides an entirely 
different requirement.
    Section 172.313(c) specifies marking requirements for non-bulk 
packages of PIH material contained in transport vehicles or freight 
containers subject to certain provisions and limitations. Section 
172.313(c)(2) states, the transport vehicle or freight container is 
loaded at one facility with 1,000 kg (2,205 pounds) or more aggregate 
gross weight of the material in non-bulk packages marked with the same 
proper shipping name and identification number, meaning that unless 
this criteria is met, marking the identification number on the 
transport vehicle or freight container is not required. The petitioner 
indicated that the inconsistency of Sec. Sec.  171.23(b)(10)(iv)(A) and 
(B) and 172.313(c) is a source of confusion.
    Air Products and Chemicals, Inc. also identified a potential 
discrepancy when transporting internationally to or from the United 
States in accordance with Sec.  171.23, as the requirement to mark all 
quantities of PIH material is more restrictive and costly than the 
current marking requirements for the same materials when transported 
domestically under the HMR in accordance with Sec.  172.313(c). The 
petitioner points out that under both the IMDG and the TDG there are no 
additional marking requirements for transport units carrying PIH 
materials in non-bulk packages similar to the provisions found in Sec.  
172.313(c). Therefore, for quantities of PIH materials in non-bulk 
packages (less than 1,000 kg per UN number), all three regulations are 
not aligned.
    The petitioner states that it has had numerous shipments of PIH 
materials frustrated because of this confusing requirement and that the 
additional marking causes economic hardship and transit delays due to 
additional labor necessary to apply the extra UN identification numbers 
at the port. Air Products and Chemicals, Inc. provided neither a 
specific cost figure for these frustrated shipments nor the anticipated 
net savings of a regulatory change.
    In the NPRM, PHMSA stated that the intent of the requirements in 
Sec.  171.23(b)(10)(iv) is to provide hazard communication for 
international shipments of PIH materials transiting the United States 
under either the IMDG Code or the TDG equivalent to those established 
in the HMR, not to impose more restrictive requirements. The removal of 
the phrase referring to a ``total quantity'' will reduce potential 
confusion due to differences in inspection interpretations, handling 
costs, and transit time while maintaining an acceptable level of hazard 
communication for PIH materials. Therefore, PHMSA proposed to amend 
Sec.  171.23(b)(10)(iv)(A) and (B) by removing the phrase ``regardless 
of the total quantity contained in the transport vehicle or freight 
container'' from each subparagraph.
    In the NPRM, PHMSA solicited comment on the safety implications of 
such a change, as well as the net benefit (e.g., a decrease in the 
number of frustrated shipments). We received only positive comments on 
this proposal. Air Products and Chemicals, Inc. supported the proposed 
change and commented:

    The safety of transporting PIH materials will actually be 
improved with this proposed regulation change. The effectiveness of 
hazard communication will not be reduced as the current UN marking 
requirement (for all quantities) provides no additional benefit from 
a hazard communication or emergency response perspective. What we do 
see is elimination of confusion and a requirement that would be much 
more consistent with the IMDG and TDG regulations, as well. We 
understand the importance of consistency between the regulations. 
Consistency goes a long way in eliminating confusion, especially in 
an emergency response situation when effective accurate 
communication is extremely important. The display of UN ID numbers 
on a transport vehicle for small individual quantities falsely gives 
the impression that there are large amounts of the hazardous 
material. In an Emergency Response situation, it is not wise to 
cause reactions that are based on a representation of a large 
quantity, when in fact, there is no large quantity. Effective 
emergency response is based both on knowledge of the hazards and 
knowledge of the quantity. The more consistency we have for hazard 
communication processes, the better.

The DGAC also supported the proposed change and commented:

    This revision will eliminate confusion between the requirements 
for domestic shipments and international shipments. In addition, 
this revision is consistent with the goal to harmonize domestic 
regulations with the international requirements.

    For these reasons, we are revising Sec.  171.23(b)(10)(iv)(A) and 
(B) as proposed in the January 23, 2015 NPRM.
Emergency Response Telephone Number (P-1597)
    The DGAC submitted a petition (P-1597) requesting that PHMSA amend 
the emergency response telephone number requirements to prohibit the 
use of alphanumeric telephone numbers and only permit numeric telephone 
numbers since, currently, the HMR does not specifically limit the 
telephone numbers to be numeric under Sec.  172.604(a). The DGAC stated 
that although telephone faces historically associated integers with 
letters (e.g., 2\ABC\), this is no longer the case in all instances. As 
a result, emergency response telephone numbers presented 
alphanumerically could cause undesirable delays in acquiring emergency 
response information in time-sensitive situations as the first 
responder would have to first convert letters to numbers.
    The DGAC further noted that PHMSA issued a letter of interpretation 
(Ref. No. 04-0032) confirming that alphanumeric presentation of an 
emergency response telephone number was acceptable but expressing 
concern about the delays it may cause.
    In the NPRM, PHMSA proposed the revision to Sec.  172.604(a) as 
outlined in

[[Page 35489]]

the petition and noted that the continued use of alphanumeric telephone 
numbers could cause unnecessary delays in emergency response 
situations. Additionally, PHMSA solicited comment on the cost 
implications of the proposed revision and, as a result, received four 
comments from AAR, ACA, ATA, and DGAC in support of this revision. The 
ATA commented that this revision will decrease chances of death or 
injury to transporters and emergency responders and that any minimal 
costs associated with transposing a number from its corresponding 
letter will be more than outweighed by the safety benefits. The ATA 
also noted that this revision will be beneficial to both non-English 
speakers and those unfamiliar with the traditional correspondence 
between numbers and letters on a telephone keypad. For these reasons, 
in this final rule we are revising Sec.  172.604(a) as proposed in the 
January 23, 2015 NPRM.
Packaging Requirements for Nitric Acid (P-1601)
    The UPS submitted a petition (P-1601) requesting that PHMSA revise 
the packaging requirements for ground shipments of nitric acid basing 
the petition on four loading and sorting operation incidents that 
occurred over a six-month period. The incidents did not result in any 
casualties, but varying degrees of property damage were assessed in 
each situation. The UPS noted that each incident involved the same 
packaging configuration--glass inner packagings within fiberboard outer 
packagings--and in each case, a breach of one or more inner packagings 
caused leakage, resulting in fumes, followed by the initiation of a 
fire involving the fiberboard outer packaging material. The UPS 
believes that the packaging requirements of the HMR applicable to 
ground shipments of nitric acid do not adequately address the hazards 
present.
    As provided in Sec.  173.158, packaging for ground shipments of 
nitric acid prescribe either outer packaging that is not reactive to 
contents or a combination packaging that includes non-reactive 
intermediate packaging and absorbent material. However, for 
concentrations of less than 90 percent nitric acid, the HMR permits the 
use of glass inner packagings of less than 2.5 L placed inside UN 
Specification 4G, 4C1, 4C2, 4D, or 4F outer packagings. This latter 
configuration is associated with the four incidents referenced by UPS 
in its petition for rulemaking.
    The UPS proposed that PHMSA change Sec.  173.158(e) to enhance the 
packaging requirements applicable to nitric acid in concentrations less 
than 90 percent. Under the proposal in P-1601, when in wooden or 
fiberboard outer packaging, glass inner packagings used in the 
configuration prescribed in Sec.  173.158(e) would be required to be 
packed in tightly-closed, non-reactive intermediate packagings and 
cushioned with a non-reactive absorbent material. The UPS feels that 
the addition of this intermediate packaging would properly address the 
hazards present in this concentration of nitric acid and would have 
prevented the above incidents from occurring.
    In the NPRM, PHMSA proposed to require in Sec.  173.158(e) that 
when nitric acid, in concentrations less than 90 percent, is placed in 
glass inner packagings to be packaged in wooden or fiberboard outer 
packaging, the glass inner packagings must be packed in tightly-closed, 
non-reactive intermediate packagings and cushioned with a non-reactive 
absorbent material. In addition, PHMSA solicited comment on whether or 
not the proposed packaging should be applied to other similar materials 
as well as on cost burdens from the increase in packaging requirements. 
PHMSA received four comments from ATA, James Scott, UPS, and Veolia in 
support of the proposed revision. Veolia commented that it is company 
policy to place the inner 2.5 L glass bottles in a poly pail 
intermediate packaging or the outer container must include a leak-proof 
poly liner, further stating that they have implemented the use of the 
additional intermediate packages as an additional precautionary safety 
measure to contain leaking nitric acid, should the inner glass bottle 
fail. After implementing these packaging procedures, Veolia has not had 
any incidents of leaking nitric acid initiating a fire, of fumes, or of 
leaking material breaching the outer packaging. James Scott commented 
that this packaging requirement would be a cost burden for companies 
that still pack nitric acid in glass and further noted that the 
addition of intermediate packagings and absorbent material may require 
current combination packagings to be modified. Mr. Scott suggested that 
this impact can be minimized if flexible intermediate packagings are 
allowed and that the word ``rigid'' should not appear as part of the 
requirement.
    PHMSA received only positive comments on this proposal. As proposed 
in the NPRM, the revised Sec.  173.158(e) requires that when placed in 
wooden or fiberboard outer packagings, the glass inner packagings must 
be packed in tightly-closed, non-reactive intermediate packagings, 
cushioned with a non-reactive absorbent material. The use of a flexible 
intermediate packaging is authorized, provided it can be tightly-closed 
and is non-reactive to the nitric acid. A ``rigid'' intermediate 
packaging was not proposed. Therefore, in this final rule, PHMSA is 
adopting the revision to Sec.  173.158(e) as proposed in the January 
23, 2015 NPRM. PHMSA notes that we did not receive any comments in 
response to the NPRM solicitation asking that proposed packaging be 
applied to any other specific hazardous materials and therefore, we are 
limiting the revision to nitric acid as proposed.
Pressure Test and Internal Visual Inspection Requirements for MC 331 
Cargo Tanks (P-1604)
    The NPGA submitted a petition (P-1604) requesting that PHMSA modify 
the pressure test and visual inspection test requirements applicable to 
certain MC 331 specification cargo tanks in dedicated propane delivery 
service, commonly known as bobtails, found in Sec.  180.407(c). 
Currently, the HMR requires periodic pressure testing and visual 
inspection every five years to remain in service; however, the NPGA 
petitions PHMSA to extend the requalification period for certain MC 331 
cargo tanks from five years to ten years and provides a technical case 
for this change.
    The NPGA states in its petition that the five-year requalification 
period for bobtails is a burden to the propane industry further stating 
that these cargo tanks must be taken out of service for a period of up 
to a week and that water is introduced into the tank during the 
requalification process, which can be detrimental to both the tank and 
the contents. Before a tank can be returned to service, it must be 
completely free of any water. The NPGA states that this removal from 
service hinders a propane company's operations.
    In 2001, the NPGA conducted a survey to determine whether companies 
that performed the five-year hydrostatic test requirement had 
experienced any failures. None of the 203 survey respondents reported a 
hydrostatic test failure for tanks of less than 3,500 gallons water 
capacity. Based on the results of this survey, the NPGA sponsored a 
study by the Battelle Memorial Institute (Battelle), a non-profit 
research and development organization, to determine whether a change to 
the requalification period would be technically feasible. Battelle 
developed crack growth models to estimate the time to failure of a tank 
that has undergone several pressure cycles. They also analyzed effects 
on the MC

[[Page 35490]]

331 cargo tank under the delivery service load conditions to determine 
the estimated life of the tank.
    Based on the results of this study, the NPGA and Battelle recommend 
that PHMSA modify the requalification period from five years to ten 
years for MC 331 cargo tanks that: (1) Are used in dedicated propane 
service; (2) have a water capacity less than 3,500 gallons; and (3) are 
constructed of non-quenched and tempered (NQT) SA-612 steel and NQT SA-
202 or SA-455 steels, provided the materials have full-size equivalent 
(FSE) Charpy Vee notch energy test data that demonstrates 75 percent 
shear-area ductility at 32[emsp14][deg]F with an average of three (3) 
or more samples greater than 15 ft-lb FSE, and none with less than 10 
ft-lb FSE. A copy of this study is in the docket for this rulemaking.
    After considering the NPGA survey results, which cite no reported 
incidents, and the study commissioned by the NPGA, PHMSA determined 
that the petition merited consideration of a rulemaking change. The 
NPGA notes there is a strong safety record amongst its members 
regarding this issue and the cost savings to the industry would be 
significant. The NPGA commented in support of the proposed revision to 
the requalification requirements for MC 331 or bobtail cargo tanks and 
provided cost estimates as requested by PHMSA. They provide that 
requalification pressure tests can cost as much as $3,000 when 
factoring in the downtime of the bobtail as well as the labor and fuel 
required to drive it to the testing shop or facility. In addition, the 
NPGA estimates that there are approximately 18,000 bobtails in service 
that would be eligible for the extension to the requalification period. 
This represents a total industry cost of about $54 million to requalify 
these vehicles by hydrostatic test. If the proposed requirements are 
extended to ten years, it would reduce the industry's costs by half, 
resulting in approximately $5.4 million on an annual basis.
    PHMSA received one anonymous comment concerning the provisions in 
Note 5 to the Sec.  180.407(c) table. In addition to MC 331 cargo tanks 
constructed of nonquenched and tempered NQT SA-612 steel, Note 5 
authorizes a ten-year inspection interval period applicable to cargo 
tanks constructed of NQT SA-202 or NQT SA-455 steel. This ten year 
interval applies if the materials have full-size equivalent (FSE) 
Charpy vee notch (CVN) energy test data that demonstrated 75 percent 
shear-area ductility at 32[emsp14][deg]F with an average of three (3) 
or more samples greater than 15 ft-lb FSE with no sample less than 10 
ft-lb FSE. The commenter states that Note 5 contains very specific 
information that is not available to most cargo tank owners or 
enforcement personnel. As such, the commenter states that there will be 
no way to determine that the cargo tank satisfies the Note 5 
requirements on the roadside or at the cargo tanks owner's place of 
business without the paperwork to verify compliance. The commenter also 
states that PHMSA needs to make clear that if a cargo tank owner cannot 
document this information, then the cargo tank is not eligible for the 
ten-year requalification period and would be subject to a five-year 
requalification interval.
    PHMSA agrees that if a cargo tank owner cannot produce 
documentation that a MC 331 cargo tank meets the requirements for a 
ten-year requalification interval, they are subject to the five-year 
requalification interval. Section 178.337-2(a)(3) requires that a MC 
331 fabricator shall record the heat, and slab numbers, as well as the 
certified Charpy impact values where required, of each plate used in 
each cargo tank on a sketch showing the location of each plate in the 
shell and heads of the cargo tank. Copies of each sketch shall be 
provided to the owner, retained for at least five years by the 
fabricator, and made available to duly identified representatives of 
the Department of Transportation. PHMSA received no other comments on 
this issue and therefore, we are adopting as proposed to revise the 
pressure test and internal visual inspection requirements found in 
Sec.  180.407(c) for certain MC 331 specification cargo tanks from a 
five-year requalification period to a ten-year period.
Mobile Acetylene Trailer Systems (P-1605) and NTSB Safety 
Recommendations H-09-01 and H-09-02
    The CGA submitted a petition (P-1605) requesting that PHMSA amend 
the HMR to incorporate a reference to CGA G-1.6-2011, Standard for 
Mobile Acetylene Trailer Systems, Seventh Edition, copyright 2011. This 
standard provides minimum requirements necessary for the design, 
construction, and operation of mobile acetylene trailer systems, which 
consist of acetylene cylinders mounted and manifolded for the purposes 
of charging, transporting, and discharging acetylene. It also covers 
ground-mounted auxiliary equipment used with mobile acetylene trailers 
such as piping, meters, regulators, flash arrestors, and fire 
protection equipment.
    This petition coincides with two NTSB recommendations (H-09-01 and 
H-09-02) issued to PHMSA based on incidents involving mobile acetylene 
trailers.\1\ In response to the petition and recommendations, PHMSA 
determined that it would consider a rulemaking change. Further detailed 
discussion of this issue can be found in the Section-by-Section Review 
for Sec.  173.301.
---------------------------------------------------------------------------

    \1\ http://phmsa.dot.gov/staticfiles/PHMSA/DownloadableFiles/Files/NTSB%20Files/H_09_1_2_Original.pdf
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Pressure Relief Devices for Cargo Tanks (P-1609)
    The TTMA submitted a petition (P-1609) requesting that PHMSA amend 
the requirements of Sec.  180.407 applicable to pressure relief devices 
(PRDs). Specifically, TTMA requests that PHMSA revise the HMR to more 
clearly establish the set pressure of a PRD for each of the DOT 
specification cargo tank motor vehicles. The TTMA states that the 
wording of Sec.  180.407(d)(3) and (g)(1)(ii), applicable to the 
testing requirements for PRDs, creates issues for persons performing 
the testing.
    The TTMA points out two specific issues with these paragraphs: The 
first is the term ``set-to-discharge.'' On April 9, 2009, PHMSA 
published a final rule [Docket No. PHMSA-2006-25910 (HM-218E); 74 FR 
16135; effective May 11, 2009], where in an attempt to harmonize with 
international standards, PHMSA replaced the phrase ``set-to-discharge'' 
with ``start-to-discharge.'' The TTMA explains that this is an issue 
because the discharge pressure referenced is used to figure the minimum 
pressure at which the PRD should reseat. By changing the wording from 
``set'' to ``start,'' the reseating pressure changed from a design 
requirement to one based on what a given vent actually does under test. 
Therefore, instead of testing a PRD knowing its reseating requirements, 
testers must perform the test of a given PRD, calculate the reseating 
pressure of that particular PRD, and then, retest from that pressure. 
Essentially, testers of PRDs could test identical products at different 
pressures because the reseat pressure is no longer a fixed design 
requirement. This creates inconsistencies between the reseating 
pressures of comparable PRDs authorized for identical hazardous 
materials service. The TTMA states that this change compromises safety, 
instead of promoting it.
    The second issue TTMA points out in its petition is in regards to 
the term ``the required set pressure.'' This term is problematic in 
relation to the continuing operation of existing cargo tanks made to 
older specifications in Sec.  180.405(c). As the codes for the older

[[Page 35491]]

specifications of cargo tanks are no longer published, determining 
``the required set pressure'' is problematic. This is an issue for 
current specifications of cargo tanks as well. There are pressure 
allowances during the retesting of pressure relief devices of no more 
than 110 percent of the required set pressure (Sec.  180.407(d)(3)) and 
the same 10 percent allowance for DOT-400 series cargo tanks (Sec.  
178.345-10(d)) creates confusion for current specification cargo tanks. 
The TTMA believes this will create an unsafe condition for tanks, as a 
PRD is no longer functioning as designed by the manufacturer; thus the 
PRD may actually open at higher pressures (near a cargo tank's test 
pressure) as opposed to the appropriate lower design pressure.
    The TTMA petitioned that PHMSA revise the HMR for testing of PRDs 
by replacing the current requirements found in Sec.  180.407(d)(3) and 
(g)(1)(ii) with a reference to a new paragraph (j) that would detail 
the PRD test requirements. The TTMA believes this change will eliminate 
confusion for testers by clarifying the requirements for opening and 
reseating pressures when beginning the tests, while simultaneously 
enhancing the enforcement of these requirements by creating consistency 
in the testing requirements for cargo tank PRDs of the same design.
    PHMSA determined that TTMA's petition merited consideration of a 
rulemaking change based on the need for consistent and clear testing 
requirements for PRDs on DOT specification cargo tanks, and as a 
result, PHMSA received five comments in support of the proposed 
revision. Girard Equipment, Inc., TTMA, Mr. Peter Weis, Betts 
Industries Inc., and Dow Chemical Company commented in support of the 
amendment. One anonymous commenter believed the proposed amendment is 
not in the best interest of safety, stating that the revision will 
allow for PRDs intended for the DOT-400 series of cargo tanks to be 
installed on DOT-300 series cargo tanks, therefore opening at well over 
the maximum allowable working pressure (MAWP) of the DOT-300 series. 
The TTMA responded to this commenter in a follow-up comment stating 
that the anonymous commenter is incorrect, further stating that the 
proposed amendment keeps PRDs on upgraded DOT-300 series cargo tanks 
functioning according to the requirements for DOT-400 series cargo 
tanks and that this represents an improvement in safety, which is why 
they are required on current construction and why provision is made for 
upgrading older construction tanks. Due to the overwhelming support to 
TTMA's petition and the NPRM, PHMSA is adopting the revisions to both 
Sec.  180.407(d)(3) and (g)(1) as proposed to reference a new paragraph 
(j), which will outline the testing requirements applicable to PRDs.
Application for Designation as a Certification Agency
    An anonymous commenter stated that Sec.  107.402(f) incorrectly 
cites the requirements for inspection and test marking in Sec.  
180.605(k) and further suggests that Sec.  107.402(f) should cite the 
pressure test procedures in Sec.  180.605(h). PHMSA disagrees, 
believing instead that Sec.  107.402(f) should be revised to correctly 
reference Approval of Specification UN Portable Tanks, which would be 
consistent with Sec.  107.402(f)(2). Therefore, in this final rule, 
PHMSA will revise Sec.  107.402(f) to reference Sec.  178.273 instead 
of Sec.  180.605(k).

B. Provisions Not Adopted in This Final Rule

    Based on an assessment of the proposed changes and the comments 
received, PHMSA identified four provisions that we are not adopting in 
this final rule: (1) The incorporation by reference into Sec.  171.7 of 
the proposed edition of the Association of American Railroads (AAR) 
Manual of Standards and Recommended Practices, Section C-III, 
Specifications for Tank Cars, Specification M-1002 (Specifications for 
Tank Cars); (2) the revision to the forbidden material requirements in 
Sec.  173.21(e); (3) the odorization of cylinders and certain cargo 
tanks containing liquefied petroleum gas (LPG); and (4) the revision to 
the definition of ``person'' in Sec.  180.401. Below is a summary of 
the amendments proposed, the comments received, and PHMSA's rationale 
for not adopting these proposed amendments.
Incorporation by Reference of AAR Specifications for Tank Cars (M-1002)
    The National Technology Transfer and Advancement Act of 1995 (15 
U.S.C. 272) directs agencies to use voluntary consensus standards in 
lieu of government-unique standards except where inconsistent with law 
or otherwise impractical. Section 171.7 lists all standards 
incorporated by reference into the HMR and informational materials not 
requiring incorporation by reference. One particular incorporation by 
reference is the AAR's Specifications for Tank Cars, October 2000 
edition for various tank car design, manufacture, inspection and 
testing, and qualification regulations set forth in parts 173, 179, and 
180 of the HMR. As currently incorporated by reference, all sections 
refer to the October 2000 edition of this document.
    AAR frequently updates the specifications for tank cars; however, 
PHMSA has not formally received a petition for rulemaking to revise the 
HMR to reflect more current versions of the AAR Specifications for Tank 
Cars.
    In the NPRM, we proposed to revise the incorporation by reference 
for this document to include the 2007 edition of the AAR Specifications 
for Tank Cars and certain subsequent amendments. PHMSA also proposed to 
revise Sec.  179.24(a)(2) to remove the reference to the December 2000 
edition of this document and instead replace it with a generic 
reference to the AAR Specifications for Tank Cars. Additionally, we 
proposed to revise Sec.  180.503 to replace the reference to the ``AAR 
Tank Car Manual'' with ``AAR Specifications for Tank Cars'' for 
consistency with references to this document elsewhere in the HMR. 
PHMSA also notes that the FRA had reviewed the 2007 standard and the 
subsequent amendments and determined not to incorporate the 2007 
standard in its totality.
    PHMSA received three negative comments to this direct proposal for 
incorporation by reference. The Chlorine Institute (CI) commented that 
it is PHMSA's assertion that FRA does not support certain amendments of 
a given chapter or appendix [of the Specifications for Tank Cars] due 
to ``safety concerns,'' furthermore stating that those concerns should 
be explained in the rulemaking. If FRA has determined that specific 
standards or practices are unsafe, CI questions if it should be 
required to comply with a different version of the M[hyphen]1002 Tank 
Car Manual, per AAR requirements, as opposed to simply complying with 
what is currently in the HMR. The AAR requests that the final rule 
include the latest edition of the AAR Specification for Tank Cars that 
was published in November 2014 and that PHMSA provide it with a list of 
these ``safety concerns'' in reference to the AAR Specifications for 
Tank Cars. Moving forward AAR strongly supports working together with 
PHMSA and FRA on a scheduled implementation plan to evaluate and 
incorporate amendments made by the AAR to the incorporation by 
reference of the AAR Specifications for Tank Cars. Dow Chemical Company 
had concerns with PHMSA's approach and believes the HMR should simply 
incorporate by reference the most

[[Page 35492]]

current version of the AAR Specifications for Tank Cars. They go on to 
state that referencing certain previous amendments of older versions of 
the standards into the HMR will cause confusion and unnecessary burden. 
If, as PHMSA states in the NPRM, the FRA does not support specific 
current AAR standards or practices and deems them unsafe, then Dow 
Chemical Company believes those ``safety concerns'' should further be 
explained.
    After consideration of the comments received, PHMSA in consultation 
with FRA agrees with commenters and will not adopt the incorporation by 
reference as proposed. PHMSA and FRA agree that the safety concerns 
raised by FRA are not adequately explained and that a more current 
version of the AAR Specifications for Tank Cars is available and thus 
good cause reasons exist for not adopting the proposed amendment. The 
FRA will continue to evaluate amendments made to the AAR Specifications 
for Tank Cars and will update the effective dates for referenced 
chapters or appendices, as appropriate, when such amendments are 
supported by FRA. PHMSA and FRA agree with AAR that future 
collaborative efforts to update both the AAR Specifications for Tank 
Cars and the corresponding incorporation by reference into the HMR 
would be beneficial to stakeholders.
    PHMSA further notes that we received a negative joint comment from 
PublicResource.org and Greenpeace regarding our general practice of 
incorporating by reference. They did not comment on the substantive 
merits of the proposed rule. Instead, they ask PHMSA to recognize that 
it has acted illegally and arbitrarily at the NPRM stage in not making 
the standards--which are integral parts of the rule--available to the 
public for review without having to pay for them. They go on to state 
that the unwarranted action by PHMSA places an unreasonable burden on 
members of the public who wish to review the entire rule in order to 
fully understand it and to make appropriate comments. PHMSA disagrees 
with the basis for the joint comment as we have complied with the 
requirements in 1 CFR part 51 for incorporation by reference. However, 
as discussed above, we are not adopting the revision to the 
incorporation by reference of the AAR Specifications for Tank Cars as 
proposed.
    It is noted that the editorial revisions to Sec. Sec.  179.24(a)(2) 
and 180.503 are being adopted as proposed as clarifying amendments.
Prohibition of Materials in the Same Transport Vehicle
    Section 173.21 outlines forbidden materials and packages, with 
paragraph (e) of this section forbidding the transport of a material in 
the same packaging, freight container, or overpack with another 
material, that if mixed would likely cause a dangerous evolution of 
heat, flammable or poisonous gases or vapors, or the production of 
corrosive materials. While this prohibition prevents incidents from 
occurring within a freight container, overpack, or the same container, 
there is no prohibition on this type within a transport vehicle (e.g., 
a truck with single trailer).
    In May 2013, PHMSA received a request for a letter of 
interpretation (Ref. No. 13-0111) describing a potentially dangerous 
situation whereby a company offers for transportation ``UN1908, 
Chlorite Solution, Class 8, Packing Group (PG) II,'' ``UN1791, 
Hypochlorite Solutions, Class 8, PG III'' and ``UN1789, Hydrochloric 
Acid Solution, Class 8, PG II'' in separate intermediate bulk 
containers (IBCs) in the same transport vehicle. While there are no 
formal segregation requirements per Sec.  177.848 of the HMR, data 
accompanying the letter indicated that in the event of co-mingling, 
these materials would create chlorine dioxide gas. ``Chlorine dioxide 
(not hydrate)'' is forbidden for transportation per the Sec.  172.101 
HMT. Thus, the transportation of these materials in the same transport 
vehicle would create a situation where the mixing of the materials 
would produce a poisonous gas and highly corrosive material, which 
happens to also be forbidden from transport; yet, under the current 
construct of Sec.  173.21, there is no prohibition against this 
transport scenario.
    In the NPRM, PHMSA proposed to prohibit the transportation or 
offering for transportation of materials in the same transport vehicle 
(e.g., a trailer, a rail car) with another material that is likely to 
cause a dangerous evolution of heat, flammable or poisonous gases or 
vapors, or produce corrosive materials upon mixing for both rail and 
highway transport.
    PHMSA received 13 comments on the proposed amendment from AAR, ACC, 
ATA, CI, COSTHA, DGAC, IME, Jones Chemical, NACD, RIPA, UPS, USWAG, and 
Veolia. All of the comments strongly opposed the proposed amendment. 
The commenters addressed topics related to the proposed amendment such 
as the difficulty in implementing the prohibition; the impact on 
shipper and carrier operations; the economic implications; and the 
safety benefit, or lack thereof. An overview of these comments is 
provided below, and the complete list of comments pertaining to this 
amendment is available in the docket for this rulemaking.
    The majority of commenters stated that carriers, offerors, and 
other hazardous materials employees typically have neither sufficient 
information available nor the technical expertise to make the 
assessments necessary to comply with the proposed amendment. As such, a 
carrier cannot be expected to identify and evaluate each individual 
package consigned for carriage to determine whether the materials in 
those packages would be compatible with each other in the unlikely 
event they were to be unintentionally mixed. Further, shippers cannot 
possibly know what other packaged materials will be transported in the 
vehicle carrying their products and cannot be expected to determine 
whether any of the materials onboard the vehicle, if inadvertently 
mixed, would create a hazard. The DGAC commented that this prohibition 
would apply not only to materials identified as hazardous materials, 
but also to non-hazardous materials.
    The majority of commenters stated that the proposed prohibitions 
would result in increased costs as offerors and carriers would need to 
further segregate hazardous materials, thus creating the need for 
separate trucks to carry materials presently authorized for carriage in 
a single truck. Several of the commenters indicated that this would 
increase highway traffic as well as the probability of highway 
accidents. Veolia commented that many of their customers generate waste 
materials that would be deemed to be incompatible for shipment together 
if this new restriction is adopted further stating that this would 
result in the need to ship the wastes off-site for disposal using more 
than one transport vehicle to accommodate the proposed restrictions. 
Another commenter, NACD, notes there would be an increase in 
distributor costs, as distributors would need to purchase more trucks 
to increase their fleets.
    Several commenters stated their belief that the segregation 
provisions of Sec.  177.848 already sufficiently address the danger 
associated with co-loading incompatible materials and that these 
provisions have a proven and long-standing safety record. COSTHA 
commented that the Sec.  177.848 segregation table clearly indicates 
when certain hazard classes or divisions are known to react dangerously 
and,

[[Page 35493]]

therefore, when they must be segregated. COSTHA further noted that the 
segregation table was developed on the basis that the current 
classification system is an adequate and appropriate manner to classify 
materials. Furthermore, Veolia pointed out PHMSA's own words in letter 
Ref. No. 13-0111: ``[w]e recognize the concerns that you have regarding 
the transport of Chlorite and Hypochlorite Solutions with Hydrochloric 
Acid in the same transport vehicle. However, we believe that the 
packaging requirements for these materials mitigate the potential for 
comingling and subsequent dangerous evolution of gas.''
    Based on the comments received, PHMSA will not be adopting any 
changes to the forbidden materials provisions specified in Sec.  
173.21(e). It was not PHMSA's intent to propose an amendment that would 
impose a significant operational and economic burden on the regulated 
community; rather PHMSA's intention was to address a safety issue 
identified through a request for a letter of interpretation. Based on 
further review and the rationale presented by commenters, PHMSA 
believes the current packaging and segregation requirements adequately 
address the unlikely scenario of a dangerous situation caused by the 
unintentional and unlikely mixing of materials during transport.
Odorization of Cylinders and Certain Cargo Tanks Containing Liquefied 
Petroleum Gas (LPG)
    Section 172.304a prescribes the filling requirements for cylinders 
containing compressed gases. In the NPRM, PHMSA proposed to add new 
Sec.  173.304a(d)(5) in addition to the proposed revised text in 
Sec. Sec.  173.314(h) and 173.315(b)(1) that addresses the odorization 
of LPG in rail tank car tanks and cargo tanks, respectively. We also 
proposed to revise the existing Sec.  173.315(b)(1) to add a 
performance standard to address the issues of ``under-odorization'' and 
``odor fade.'' PHMSA received comments from the NPGA in opposition to 
extending the odorization standards proposed to cylinders and revision 
of the requirement to cargo tanks. They state that, while it may seem 
intuitive to simply apply the requirements to these additional 
containers, PHMSA was unaware of the impact this will have on retail 
propane marketers further downstream in the distribution chain, and as 
proposed, they believe the requirement would place an undue burden on 
retail propane marketers, particularly for the more than 90 percent of 
NPGA members designated as small businesses.
    On June 26, 2015, PHMSA met with representatives of NPGA and their 
membership, as well as the National Association of State Fire Marshalls 
(NASFM) to discuss the odorization provisions in the NPRM. In this 
meeting, NPGA and NASFM outlined in further detail their concerns with 
the proposed requirements. The NPGA reiterated the downstream 
consequences of the proposed requirement to fillers, distributors, and 
sellers of cylinders and smaller cargo tanks under 3,500 gallons 
capacity (previously mentioned as ``bobtails''). As stated in their 
comment, NPGA provides cost information associated with the proposed 
requirements, estimating that with 200,000 cylinder fillings daily, 
quantitative testing requirements for cylinders would likely exceed 
$480 million per year to the industry. Bobtails that experience high 
turnover (three to five fills per day) would be subject to the proposed 
odorant performance standard as well. These distributors of propane do 
not have the odorant chemical (ethyl mercaptan) on site, nor the 
trained personnel and experience to comply with the proposed 
requirement. They went on to state that applying the requirement to 
rail tank cars is the most effective means of addressing odorant fade 
as it is the furthest upstream transportation. If a rail tank car is 
effectively odorized, all movement downstream would meet the odorant 
requirements and presumably not fade. The NASFM commented in the 
meeting in support of NPGA on this issue. Furthermore, the NPGA claimed 
that odorant fade is most likely to occur in mixed-use rail tank cars 
as they are not used in ``dedicated service'' and are cleaned prior to 
filling with propane. Meanwhile, bobtails and bulk storage tanks are in 
``dedicated service'' so they experience less odorant fade due to being 
``seasoned''--i.e., there is less absorption of odorant into the tank 
walls and, thus, more odorant remains mixed with the LPG.
    In the meeting, the NPGA stated that the National Fire Protection 
Association (NFPA) already requires a ``sniff-test'' for odorized LPG 
and provided cost information on the existing ``sniff test.'' While 
this test is not in the HMR, the cost data provided by NPGA estimates 
an annual total of $9 million to the industry. The NPGA cost 
information, as well as the meeting notes can be found in the docket 
for this rulemaking.
    PHMSA recognizes the NPGA's concerns and does not intend to place 
an undue economic burden on retail distributors of LPG. With an 
understanding of the propane industry's supply chain, we hope to 
address odorization further up the transportation stream to avoid 
odorant fade or under-odorization occurring downstream. It is not our 
intent to require retail distributors offering for transport or 
transporting propane from their bulk storage facilities to end users in 
cylinders or bobtail cargo tanks to qualitatively test odorant levels 
in the LPG. Instead, our goal with the revisions adopted would be to 
require this testing for larger packages of LPG (rail tank cars or 
certain cargo tanks) from a refinery, gas plant, or pipeline terminal 
destined for those retail distributors. While provisions requiring 
odorization and measures to address odorant fade or under-odorization 
for cylinders, cargo tanks, or portable tanks not originating from a 
refinery, gas plant, or pipeline terminal are not being adopted in this 
rule, amendments addressing rail tank cars and other point-of-origin 
transportation are discussed further in the preamble.
Applicability of the Word ``person'' Sec.  180.401
    In the NPRM, PHMSA proposed to revise the term ``person'' to 
``hazardous materials employee or hazardous materials employer.'' The 
proposed revision was an attempt to clarify that subpart E of part 180 
qualification and maintenance of cargo tank requirements applies not 
only to persons offering hazardous materials for transportation or 
transporting a hazardous material, but also to those involved with 
qualification, maintenance, or periodic testing of cargo tanks. PHMSA 
received an anonymous comment pointing out that the proposed revision 
is unnecessary because the definition for ``person'' in Sec.  171.8 
already applies to a person that designs, manufactures, fabricates, 
inspects, marks, maintains, reconditions, repairs, or tests a package, 
container, or packaging component that is represented, marked, 
certified, or sold as qualified for use in transporting hazardous 
material in commerce. We agree with the commenter that the definition 
for ``person'' in Sec.  171.8 already adequately and accurately 
addresses the applicability of subpart E of part 180. Therefore, PHMSA 
will not be adopting the proposed revision to Sec.  180.401.
Reference to the Manufacturer's Report Requirements in Sec.  
178.65(i)(1)
    In the NPRM, we proposed to revise Sec.  178.65(i)(1) to correctly 
reference the manufacturer's report requirements in Sec.  178.35(g). A 
final rule published July 20, 2011 [Docket No. PHMSA-2009-

[[Page 35494]]

0151 (HM-218F)] removed paragraph (h) and moved the manufacturer's 
report retention requirements into paragraph (g). Although PHMSA did 
not receive any comments on this proposed revision, PHMSA did identify 
a letter of interpretation (Ref No. 01-0125) that noted an error in 
what is referenced in Sec.  178.65(i)(1). In the letter, PHMSA agreed 
that Sec.  178.65(i)(1) should include an exception from the marking 
requirements provided in Sec.  178.35(f), not the manufacturer's report 
requirements in paragraph (h) (and subsequently paragraph (g)), and 
noted that it warranted a rulemaking change. In light of the letter of 
interpretation, PHMSA believes that further review is needed to 
determine the full intent of the exception provided in Sec.  
178.65(i)(1). Thus, PHMSA will not be adopting the revision to Sec.  
178.65(i)(1) as proposed.

C. Comments Outside the Scope of This Rulemaking

    PHMSA received eighteen (18) comments that were either outside the 
scope of the proposed rulemaking or not specifically addressing the 
proposed regulatory changes. Mr. Adrian Mendoza generally supported 
PHMSA's rulemaking efforts in the interest of public health and safety. 
Mr. Aaron Adamczyk submitted a list of materials to be incorporated by 
reference but did not respond directly to any provisions in the NPRM. 
An anonymous commenter stated that the issue that caused the revision 
proposed in Sec. Sec.  173.170 and 173.171 is also found in Sec.  173.6 
for materials of trade, and the term ``motor vehicle,'' which includes 
both the truck and trailer, limits the exception; the commenter further 
requested that we consider changing the term ``motor vehicle'' to 
``transport vehicle'' to allow the materials of trade exception to 
apply to each unit. While PHMSA finds value in this comment, we did not 
propose this revision and therefore will not adopt the commenter's 
suggestion.
    Another anonymous commenter stated that the definitions of cargo 
tank in Sec. Sec.  171.8 and 178.320 do not match and further requests 
revising the definition in Sec.  171.8 to be consistent with the 
definition in Sec.  178.320, which includes solids and semi-solids. 
This revision was also not proposed in the NPRM, and therefore, PHMSA 
is not adopting the change.
    The remaining fourteen (14) comments addressed our August 1, 2014, 
``Enhanced Tank Car Standards and Operational Controls for High-Hazard 
Flammable Trains (HM-251),'' proposed rule. That rulemaking covered 
several key issues related to the safe transport of crude oil and other 
flammable liquids by rail and its comment period closed on September 
30, 2014 under Docket No. PHMSA-2012-0082. As these issues raised by 
commenters under the docket for HM-218H were not proposed in HM-218H, 
PHMSA will not address the comments in this final rule and consider the 
comments as outside the scope of the rulemaking.

IV. Section-by-Section Review

Part 107

Section 107.402

    Section 107.402 sets forth the application requirements for 
designation as a certification agency to issue certificates and 
certifications for packagings designed, manufactured, tested, or 
maintained in conformance with the HMR and standards set forth in the 
UN Model Regulations. This section also sets forth the application 
requirements for designation as a certification agency to issue 
certificates and certifications for lighters, portable tanks, multi-
element gas containers, and Division 1.4G consumer fireworks.
    PHMSA is revising Sec.  107.402(d)(1)(i) to indicate that a 
fireworks certification agency applicant must be a U.S. resident or, 
for a non-U.S. resident, must have a designated U.S. agent 
representative as specified in Sec.  105.40. The criteria for fireworks 
certification agencies were added to the HMR in a final rule published 
April 2, 2015 [Docket No. PHMSA-2010-0320 (HM-257); 78 FR 42457]. PHMSA 
intended for Sec.  107.402(d)(1)(i) to correspond with the requirements 
of Sec.  105.40, which specifies designated agents for non-residents; 
however, the term ``citizen'' was inadvertently substituted for 
``resident,'' thus PHMSA is revising Sec.  107.402(d)(1)(i) by 
replacing the term ``citizen'' with the term ``resident.''
    PHMSA is also revising Sec.  107.402(e) to require that a lighter 
certification agency submit a statement to the Associate Administrator 
explaining that the agency is independent of and not owned by a lighter 
manufacturer, distributor, import or export company, or proprietorship. 
Further, we are revising Sec.  107.402(f) to require that a portable 
tank and MEGC certification agency submit a statement to the Associate 
Administrator indicating that the agency is independent of and not 
owned by a portable tank or MEGC manufacturer, owner, or distributor. 
This language was included in Sec.  107.402 and pertained to all 
certification agencies, but it was removed inadvertently as a result of 
changes made to the HMR in rulemaking HM-257.
    Section 107.402(f) sets forth the requirements for portable tank 
and MEGC certification agencies prior to inspecting for compliance with 
the HMR. PHMSA is revising Sec.  107.402(f) to reference Approval of 
Specification Portable Tanks as provided in Sec.  178.273, rather than 
Sec.  180.605(k). This would be consistent with Sec.  107.402(f)(2).

Section 107.807

    Section 107.807 sets forth the requirements for authorizing 
chemical analyses and tests for non-domestic manufacturers of DOT 
specification or special permit cylinders. To maintain consistency with 
requirements of other independent inspection agencies, PHMSA is 
revising Sec.  107.807(b)(3) to require that the agency submit a 
statement indicating that the inspection agency is independent of and 
not owned by a cylinder manufacturer, owner, or distributor.

Part 171

Section 171.7

    As previously stated, the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272) directs agencies to use 
voluntary consensus standards in lieu of government-unique standards 
except where inconsistent with law or otherwise impractical. Section 
171.7 lists all standards incorporated by reference into the HMR and 
informational materials not requiring incorporation by reference. The 
informational materials not requiring incorporation by reference are 
noted throughout the HMR and provide best practices and additional 
safety measures that, while not mandatory, may enhance safety and 
compliance. Table 1 in Sec.  171.7 lists informational materials that 
are not incorporated by reference. In a final rule published on January 
28, 2008 [Docket No. 2005-21812 (HM-218D); 73 FR 4699, effective 
October 1, 2008], PHMSA added in Table 1 (formerly paragraph (b) of the 
section) an entry for the CGA publication, CGA C-1.1, Personnel 
Training and Certification Guidelines for Cylinder Requalification by 
the Volumetric Expansion Method. Following the publication of HM-218D, 
PHMSA received an appeal from Hydro-Test Products, Inc. (PHMSA-2005-
21812-0025) asking us to either remove the reference to CGA C-1.1 or 
add examples of other training materials that may be used. Hydro-Test 
noted that referencing only the CGA publication in the HMR could 
suggest that other training materials are not acceptable.

[[Page 35495]]

PHMSA added CGA C-1.1 as an example of guidance material that may be 
used to assist requalifiers in creating their cylinder training 
procedures and recordkeeping requirements. The publication is not a 
standalone tool for training persons on how to perform requalification 
of cylinders using the volumetric expansion test method. To alleviate 
confusion for cylinder requalifiers, PHMSA intended to remove the 
reference to CGA C-1.1 in Sec. Sec.  171.7 and 180.205 in a previous 
editorial final rule published on October 1, 2008 [Docket No. PHMSA-
2008-0227 (HM-244A); 73 FR 57001, effective October 1, 2008]. However, 
PHMSA removed reference to the document only in Sec.  180.205(g)(6) and 
inadvertently failed to remove the reference in Sec.  171.7. In this 
final rule, PHMSA is amending Table 1 to Sec.  171.7 by removing the 
entry for CGA C-1.1 to align the regulatory text with previous 
rulemaking actions.
    Additionally, as described in the Comment Discussion for petition 
for rulemaking P-1605 and more fully discussed in the Section-by-
Section Review for Sec.  173.301, PHMSA is amending the HMR to 
incorporate by reference CGA G-1.6-2011, Standard for Mobile Acetylene 
Trailer Systems, Seventh Edition, copyright 2011.
    Section 171.7(k) incorporates The AAR Manual of Standards and 
Recommended Practices, Section C--Part III, Specifications for Tank 
Cars, Specification M-1002, (AAR Specifications for Tank Cars), 
December 2000. This standard prescribes approval requirements, general 
design and test requirements, structural requirements, valves and 
fittings, marking, recommended maintenance practice, and certification 
of tank car facilities. In this final rule, PHMSA is amending paragraph 
(k) of this section to list sections Sec. Sec.  179.24 and 180.503 that 
reference this standard but were inadvertently omitted in a final rule 
published June 25, 2012 [Docket No. PHMSA-2010-0018 (HM-216B); 77 FR 
37961].

Section 171.22

    In a May 3, 2007 final rule [Docket No. PHMSA-2005-23141 (HM-215F); 
72 FR 25162], the importer responsibility requirements were 
transitioned from Sec.  171.12(a) to Sec.  171.22(f). When 
transitioning the requirement that a person importing a hazardous 
material into the United States must provide the shipper and forwarding 
agent with information required under the HMR, the shipper notification 
was inadvertently omitted. As a result, only the forwarding agent is 
presently required to be provided with information as to the 
requirements of the HMR applicable to the particular shipment. In this 
final rule, PHMSA is reinstating text in Sec.  171.22(f) to clearly 
state that both the shipper and forwarding agent at the place of entry 
must be provided with written information on the requirements of the 
HMR applicable to the particular shipment. PHMSA received two comments 
from ACA and DGAC providing general support for the amendment as 
proposed.

Part 172

Section 172.101

    Section 172.101 contains the HMT and explanatory text for using the 
table information and each of the columns. In this final rule, PHMSA is 
making a number of revisions to the Sec.  172.101 HMT: including the 
special provisions listed in Column (7) and specified in Sec.  172.102; 
removing the PG II designation from Column (5) of the HMT for organic 
peroxides (Division 5.2), self-reactive substances (Division 4.1), and 
explosives (Class 1) as requested in P-1590; and clarifying the 
regulations and correct inadvertent errors. Changes to the Sec.  
172.101 HMT will appear as a ``revise,'' and include changes to the 
following table entries: ``Calcium nitrate, UN1454,'' ``Corrosive 
liquids, flammable, n.o.s., UN2920,'' ``Fire extinguishers, UN1044,'' 
``Oxidizing solid, corrosive, n.o.s., UN3085,'' ``Propellant solid, 
UN0501,'' ``Trinitrophenol (picric acid), wetted, with not less than 10 
percent water by mass, UN3364,'' and ``Trinitrophenol, wetted with not 
less than 30 percent water, by mass, UN1344.''
    The entry for ``Calcium nitrate, UN1454'' is being revised to 
reflect a change that was intended to be made when PHMSA published a 
final rule on January 7, 2013 [Docket No. PHMSA-2012-0027 (HM-215L); 78 
FR 987]. Special Provision B120 was inadvertently not assigned to the 
entry for ``Calcium nitrate, UN1454'' when several other HMT entries 
were revised to include it. Special Provision B120 indicates that the 
material, when offered in conformance with the applicable requirements 
of part 178 and general packaging requirements in part 173, may be 
offered for transportation in a flexible bulk container. PHMSA is 
revising the HMT to add Special Provision B120 to Column (7) for the 
entry ``Calcium nitrate, UN1454.''
    The entry for ``Corrosive liquids, flammable, n.o.s., UN2920'' is 
being revised to harmonize the HMR with the UN Model Regulations, IMDG 
Code, and the ICAO TI by means of providing limited quantity exceptions 
for the PG II entry. Therefore, PHMSA is revising the entry for 
``Corrosive liquids, flammable, n.o.s., UN2920, PG II'' to remove the 
word ``None'' from Column (8A) of the HMT and add ``154.'' This change 
will be consistent with similar PG II materials that are also provided 
the limited quantity exception.
    The entry for ``Fire extinguishers, UN1044'' is being revised to 
eliminate reference to Special Provision 18, which is no longer in the 
HMR. Special Provision 18 was removed from Sec.  172.102(c)(1) in a 
January 7, 2013 final rule [Docket No. PHMSA-2009-0126 (HM-215K); 78 FR 
1101] and combined into revised Sec.  173.309(a). We did not make a 
conforming amendment to remove Special Provision 18 from this entry in 
the HMT; thus, in this final rule, we are to revising the entry for 
``Fire extinguishers, UN1044'' by deleting the special provision.
    The NPRM proposed to revise the entry for ``Oxidizing solid, 
corrosive, n.o.s., UN3085'' to harmonize with the UN Model Regulations, 
IMDG Code, and the ICAO TI by means of providing limited quantity 
exceptions for the PG II entry. However, in between the publishing of 
the NPRM and this final rule, PHMSA inadvertently revised this entry as 
proposed in a previous final rule [Docket No. PHMSA-2015-0103 (HM-260); 
80 FR 72914]. Therefore, PHMSA will not be revising this entry in this 
final rule.
    PHMSA received four comments on the proposed revisions to the 
UN3085 (as well as UN2920) in Column (8A). In their comments, ACA, 
Veolia, and URS supported the revision of these two entries to 
harmonize with UN Model Regulations, IMDG Code, and the ICAO TI. The 
URS provided a list of nine (9) additional PG II entries for which a 
limited quantity exception is provided under international standards 
but not in the HMR and requested the same revision made to UN2920 and 
UN3085 be made to these additional entries. An anonymous commenter 
requested that PHMSA make the same limited quantity exception revision 
to the UN3084, PG II entry. PHMSA agrees with the commenters that the 
HMR is not completely in alignment with the with UN Model Regulations, 
IMDG Code, and the ICAO TI limited quantity exceptions with regard to 
these additional PG II entries. However, given the lack of historical 
context and the need for a technical review of each entry, PHMSA will 
only be revising the limited quantity exception for the entries that 
have been proposed. PHMSA may consider the revision to additional 
entries offered by the commenters under

[[Page 35496]]

a future rulemaking. Additionally, PHMSA encourages the commenters to 
submit a petition for rulemaking in accordance with Sec. Sec.  106.95 
and 106.100 for entries that they believe should also be revised.
    The entry for ``Propellant, solid, UN0501'' is being revised to 
eliminate a reference to a requirement that is no longer in the HMR. 
Column (10B) of this entry lists vessel stowage provision 24E; however, 
vessel stowage provision 24E was removed from Sec.  176.84(c)(2) when 
the Research and Special Programs Administration (RSPA), PHMSA's 
predecessor, published a final rule on June 21, 2001 [Docket No. RSPA-
2000-7702 (HM-215D); 66 FR 33316, effective October 1, 2001] that 
revised the table of provisions applicable to vessel transportation of 
Class 1 (explosive) materials. As this provision is no longer in the 
HMR, PHMSA is revising the entry for ``Propellant, solid, UN0501'' to 
remove vessel stowage provision 24E from Column (10B) of the HMT.
    The HMT entries for ``Trinitrophenol (picric acid), wetted, with 
not less than 10 percent water by mass, UN3364'' and ``Trinitrophenol, 
wetted with not less than 30 percent water, by mass, UN1344'' are being 
revised to harmonize the HMR with the UN Model Regulations, IMDG Code, 
and the ICAO TI. Presently, Special Provision 162 is applied to UN3364 
(not less than 10 percent water) and Special Provision 23 is applied to 
UN1344 (not less than 30 percent water). Special Provision 162 outlines 
a provision for transport of the material as Division 4.1: The material 
must be packed such that at no time during transport will the 
percentage of diluent fall below the percentage that is stated in the 
shipping description. Special Provision 23 is similar in that it also 
outlines this provision but includes an additional condition that 
quantities of not more than 500 grams per package with not less than 10 
percent water by mass may also be classed in Division 4.1, provided a 
negative test result is obtained when tested in accordance with test 
series 6(c) of the UN Manual of Tests and Criteria.
    The special provisions are assigned in the reverse manner to the 
trinitrophenol entries in the UN Model Regulations, IMDG Code, and the 
ICAO TI. Special Provision 23 is applied to UN3364 with the lower 
minimum diluent percent of water while the 500 gram limit per package 
for 10 percent diluent does not apply to UN1344 with the larger minimum 
diluent percentage of water (i.e., 30 percent). Thus the special 
provision was incorrectly assigned in the HMR. For the entry 
``Trinitrophenol (picric acid), wetted, with not less than 10 percent 
water by mass, UN3364,'' we are replacing Special Provision 162 in 
Column (7) of the HMT with Special Provision 23. Conversely, for the 
entry ``Trinitrophenol, wetted, with not less than 30 percent water, by 
mass, UN1344,'' we are replacing Special Provision 23 from Column (7) 
of the HMT with Special Provision 162.
    PHMSA is revising Column (8C) of the HMT for ``Asbestos, NA2212,'' 
``Blue asbestos (Crocidolite) or Brown asbestos (amosite, mysorite), 
UN2212,'' and ``White asbestos (chrysotile, actinolite, anthophyllite, 
tremolite), UN2590,'' to refer to packaging instructions in Sec.  
173.216, instead of Sec.  173.240.
    In a final rule published on November 23, 2015 [Docket No. PHMSA-
2015-0103 (HM-260); 80 FR 72913], PHMSA revised the HMT entry ``NA1993, 
Combustible liquid, n.o.s.'' by removing special provision T4. In a 
subsequent final rule published on December 21, 2015 [Docket No. PHMSA-
2011-0345 (HM-233D); 80 FR 79423] the same entry was revised by adding 
Special Provision 148. In making the addition of Special Provision of 
148, the previously removed Special Provision T4 was inadvertently 
reinstated. This final rule corrects that error by removing Special 
Provision T4 from the entry for NA1993.
    In a final rule published on January 21, 2016 [Docket No. PHMSA-
2013-0042 (HM-233F); 81 FR 3635], PHMSA did the following:
     Inadvertently revised the ``Corrosive liquids, n.o.s., 
UN1760'' entry by assigning it the incorrect NA prefix and inserting 
Special Provision 386 to the Packing Group II and III entries. The HM-
233F final rule should have revised the ``Compounds, cleaning liquid, 
NA1760'' entry by adding Special Provision 386 to the Packing Group II 
and III entries. This final rule corrects those errors by removing 
Special Provision 386 from the ``Corrosive liquids'' entry and adding 
them to the ``Compounds, cleaning liquid'' entry, and re-assigning the 
``Corrosive liquids'' entry the correct prefix of UN.
     Inadvertently revised Column (10B) of the ``Coating 
solution (includes surface treatments or coatings used for industrial 
or other purposes such as vehicle undercoating, drum or barrel lining), 
UN1139'' entry by removing the vessel stowage provision E and replacing 
with the letter B. Consequently, PHMSA is restoring the letter E in 
Column (10B) for this entry.
     Inadvertently revised Column (8B) of the ``Printing ink, 
flammable or Printing ink related material (including printing ink 
thinning or reducing compound), flammable, UN1210'' entry by changing 
the packaging section for Packing Group I from Sec.  173.173 to Sec.  
173.201. Consequently, PHMSA is restoring Sec.  173.173 in Column (8B) 
for this entry. Further, in this final rule, PHMSA is correcting the 
roman and italicized text for this entry in Column (2) of the HMT.
     Inadvertently revised Column (7) of ``Self-heating solid, 
organic, n.o.s., UN3088'' by removing UN portable tank code T1 from the 
Packing Group III entry. Consequently, PHMSA is restoring the code to 
Column (7) of the HMT.
     Inadvertently revised Column (10B) of the ``Potassium, 
UN2257'', ``Sodium, UN1428'', and ``Water reactive solid, n.o.s., 
UN2813'' entries by removing vessel stowage provisions 13 and 148. 
Consequently, PHMSA is restoring the codes to Column (10B) of the HMT 
for each entry.

Section 172.102

    Section 172.102 outlines special provisions that are listed in 
Column (7) of the Sec.  172.101 HMT. Special Provision 136 is listed 
for the entry ``Dangerous Goods in Machinery or Dangerous Goods in 
Apparatus, UN3363.'' PHMSA received a request for a letter of 
interpretation (Ref. No. 12-0037) that sought confirmation that a 
material classed as a Class 2 gas that has packaging exceptions listed 
in Column (8A) of the HMT may be described as ``Dangerous Goods in 
Apparatus, UN3363.'' The requestor pointed out that the provisions in 
Special Provision 136 are inconsistent: Special Provision 136 currently 
states that except when approved by the Associate Administrator, 
machinery or apparatus may only contain hazardous materials for which 
exceptions are referenced in Column (8) of the HMT and are provided in 
part 173, subpart D. Subpart D contains the definitions, 
classification, packing group assignments, and exceptions for hazardous 
materials other than Class 1 and Class 7. However, preparation, 
packaging, and exceptions for Class 2 gases are located in subpart G of 
part 173. This should be indicated in Special Provision 136 to 
eliminate confusion that gases prepared in accordance with subpart G of 
part 173 would not be eligible to be described as ``Dangerous Goods in 
Apparatus, UN3363.'' It was not PHMSA's intention to exclude Class 2 
gases from using this proper shipping name, therefore, PHMSA is 
revising Special Provision 136 in Sec.  172.102 to include reference to 
part 173, subpart G.

[[Page 35497]]

Section 172.201

    Section 172.201 prescribes the requirements for the preparation and 
retention of shipping papers. This paragraph requires that, except as 
provided in Sec.  172.604(c), a shipping paper must contain an 
emergency response telephone number. The reference in this paragraph to 
Sec.  172.604(c) is inaccurate. The requirements in Sec.  172.604 
applicable to emergency response telephone numbers were changed when 
PHMSA published a final rule on October 19, 2009 [Docket No. PHMSA-
2006-26322 (HM-206F); 74 FR 53413, effective November 18, 2009]. This 
rulemaking action moved the exceptions regarding the requirement to 
provide an emergency response telephone number to a new paragraph (d). 
PHMSA received one comment from the American Coatings Association (ACA) 
in support of this change without further issue. In this final rule, 
PHMSA is revising Sec.  172.201(d) to accurately reference the 
exception from the emergency response telephone number requirement 
found in Sec.  172.604(d).

Sections 172.301, 172.326, 172.328, and 172.330

    Sections 172.301, 172.326, 172.328, and 172.330 prescribe marking 
requirements for non-bulk packagings, portable tanks, cargo tanks, tank 
cars, and multi-unit tank car tanks, respectively. Each of these 
sections contains a paragraph (specifically, Sec. Sec.  172.301(f), 
172.326(d), 172.328(e), and 172.330(c)) prescribing requirements for 
packages containing unodorized LPG to be legibly marked with ``NON-
ODORIZED'' or ``NOT-ODORIZED.'' PHMSA received a request for a letter 
of interpretation (Ref. No. 06-0235) requesting clarification that the 
``NON-ODORIZED'' or ``NOT-ODORIZED'' mark may also appear on a package 
containing odorized LPG. In the response letter, we noted that PHMSA 
addressed this issue in part in a final rule published by its 
predecessor agency, RSPA, on November 4, 2004 [RSPA-03-15327 (HM-206B); 
69 FR 64462, effective October 1, 2006]. Final rule HM-206B changed the 
hazard communication requirements applicable to certain packages 
containing unodorized LPG, including the requirement to mark with 
``NON-ODORIZED'' or ``NOT-ODORIZED.'' Specifically, it also clarified 
that the ``NON-ODORIZED'' or ``NOT-ODORIZED'' marking may appear on a 
tank car or multi-unit tank car tanks used for both unodorized and 
odorized LPG. This was implemented to address the concerns expressed by 
a commenter about the logistics of tracking, inspecting, and stenciling 
tank cars to ensure proper marking. However, this clarification was not 
extended to cylinders, cargo tanks, and portable tanks containing LPG 
in that final rule. We further noted in the response letter that we 
intended to revisit this issue in a future rulemaking to extend this 
clarification to other packaging types that are filled with unodorized 
or odorized LPG.
    PHMSA received negative comments from the NASFM, the NTSB, the 
IAFC, and the New Hampshire Office of the State Fire Marshall. The NTSB 
disagrees with the proposed exception, citing a 2005 railroad incident 
involving the release of diesel fuel from a locomotive and Safety 
Recommendation R-07-4 as grounds for their dissent.\2\ The NTSB 
disagrees with both the proposed exception to expand eligible packaging 
types and the existing exception for tanks cars, stating that it is 
concerned that the ``NON-ODORIZED'' or ``NOT-ODORIZED'' package 
markings would be rendered meaningless by the proposal to allow such a 
marking on a tank containing odorized LPG. It believes it is poor 
policy to allow ``mislabeling'' of LPG tanks merely for logistical 
convenience, further stating that while the HMR does not require 
odorization in all cases, the requirement to properly mark these 
packages as ``ODORIZED'' or ``NOT-ODORIZED'' based on the actual 
condition of the LPG being transported (odorized or not odorized) 
should be a fundamental tenet to emergency response planning and 
execution involving hazardous materials in transportation. Therefore, 
the NTSB urged PHMSA not to approve the proposed rule changes and 
suggests that instead, PHMSA approve an acceptable means for the ``NON-
ODORIZED'' or ``NOT-ODORIZED'' marking to be temporarily covered 
whenever the container is used to transport odorized LPG. PHMSA 
disagrees with this comment and is puzzled as to how the incident cited 
in NTSB's comment, which involved a collision of two trains and a 
release of diesel fuel from locomotives, is relevant to the proposed 
language from the NPRM. The allowance for the marking to remain on a 
package already exists for tank cars, so PHMSA simply proposed to 
extend this exception to other packaging types. We also disagree that 
the marking would be rendered meaningless if allowed to remain on 
odorized tanks of LPG. If the contents were to undergo odorant fade 
during the course of transportation, this marking would provide an 
additional level of safety. Additionally, we fail to see how extending 
the requirement to existing package types is a detriment to the safety 
benefit provided by that mark existing on non-odorized packages of LPG.
---------------------------------------------------------------------------

    \2\ R-07-4: With the assistance of the Federal Railroad 
Administration, require that railroads immediately provide to 
emergency responders accurate, real-time information regarding the 
identity and location of all hazardous materials on a train.
---------------------------------------------------------------------------

    The NASFM, IAFC, and the New Hampshire Office of the State Fire 
Marshall also provided negative comment; however, they did not comment 
on the proposed exception, instead focusing on the existing regulatory 
allowance for the marking to remain on tank cars and multi-unit tank 
car tanks. The three commenters all stated that the allowance of the 
marking to remain on odorized packages will create confusion for first 
responders when looking for leaks from containers with odorized LPG. 
They state that if the mark is seen on a tank that is actually 
odorized, they will skip over that tank and may miss a leak. PHMSA 
disagrees with the commenters and while we fully appreciate the benefit 
that odorization has for leak detection in an emergency response 
situation, we do not feel that it is the sole method to detect such 
leaks.
    Thus, PHMSA is revising Sec. Sec.  172.301(f), 172.326(d) and 
172.328(e) to include the clarification that the marking may appear on 
these packagings used for both unodorized and odorized LPG and to 
remove the effective date of October 1, 2006. PHMSA is also removing 
the effective date referenced in paragraph Sec.  172.330(c) for 
consistency.

Section 172.406

    Section 172.406 specifies the placement of labels on a package. 
Paragraph (d) of this section prescribes requirements that labels be 
printed or affixed to a background of contrasting color, or they must 
have a dotted or solid line outer border. Further, Sec.  172.407(b)(2) 
provides that the dotted line border on each label shown in Sec. Sec.  
172.411 through 172.448 is not part of the label specification, except 
when used as an alternative for the solid line outer border to meet the 
requirements of Sec.  172.406(d). Based on this language, it appears 
that labels with a dotted or solid line outer border are permitted only 
if the surface of the package is not a contrasting color, thus causing 
confusion.
    In this rulemaking, we are amending Sec.  172.406(d) by expressly 
authorizing the use of labels described in part 172, subpart E with a 
dotted or solid line

[[Page 35498]]

outer border on a background of contrasting color. There is no 
reduction in hazard communication with this revision, and it will 
provide cost savings to shippers by eliminating the need to acquire and 
store two types of labels (one with a border and the other without) 
depending on the surface color of the package. PHMSA received one 
comment from ACA providing support for this amendment as proposed.

Section 172.407

    Section 172.407 contains label specifications. Paragraph (d) of 
this section contains color specifications for labels including a 
requirement for color tolerances according to color charts referenced 
in appendix A to part 172 of the HMR. Paragraph (d)(4)(ii) states that 
the color charts are on display at the Office of Hazardous Materials 
Safety, Office of Hazardous Materials Standards, Room 8422, Nassif 
Building, 400 Seventh Street SW., Washington, DC 20590-0001. This 
address does not reflect the current address of the Office; thus PHMSA 
is amending the address in Sec.  172.407(d)(4)(ii) to read Standards 
and Rulemaking Division, Pipeline and Hazardous Materials Safety 
Administration, U.S. Department of Transportation, 2nd Floor, East 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

Section 172.514

    Section 172.514 prescribes the placarding requirements and 
exceptions for a bulk packaging containing a hazardous material. 
Paragraph (c)(4) provides an exception for an IBC that is labeled in 
accordance with part 172, subpart E, instead of placarded. IBCs that 
are labeled instead of placarded are authorized to display the proper 
shipping name and UN identification number in accordance with the bulk 
package marking size requirements of Sec.  172.302(b)(2) in place of 
the UN number on an orange panel, placard, or white square-on-point. 
Section 172.302(b)(2) requires that for IBCs, markings have a width of 
at least 4.0 mm (0.16 inch) and a height of at least 25 mm (one inch). 
This is inconsistent with the UN Model Regulations, IMDG Code, and ICAO 
TI, which all require a height of 12 mm (0.47 inch). The international 
size requirement is equivalent to the non-bulk marking size requirement 
provided in Sec.  172.301(a)(1). In addition, the reference to the bulk 
packaging marking requirements of Sec.  172.302(b)(2) in Sec.  
172.514(c)(4) conflicts with Sec.  172.336(d) identification number 
marking requirements, which states that when a bulk packaging is 
labeled instead of placarded in accordance with Sec.  172.514(c), 
identification number markings may be displayed on the package in 
accordance with the marking requirements of Sec.  172.301(a)(1).
    In the NPRM, we proposed to clarify that the proper shipping name 
and identification number marking size for an IBC that is labeled 
instead of placarded is at least 12 mm (0.47 inch), doing so by 
replacing the bulk package marking reference in Sec.  172.514(c) with 
the non-bulk marking reference, specifically, Sec.  172.301(a)(1). 
PHMSA received four comments from ACA, DGAC, DOW, and URS providing 
support for this international harmonization action. In their comments 
DGAC, DOW, and URS all correctly point out that the UN Model 
Regulations, IMDG Code, and ICAO TI require a 12 mm (0.47 inch) minimum 
height requirement for the identification number on an IBC that is 
labeled rather than placarded, although, a minimum height for the 
proper shipping name is not prescribed. The DGAC and DOW suggested 
Sec.  172.514(c) be revised by removing the words ``size requirements'' 
from the proposed text which currently reads ``. . . the IBC may 
display the proper shipping name and UN identification number markings 
in accordance with the size requirements of Sec.  172.301(a)(1) . . .'' 
Additionally, URS suggested that Sec.  172.301(a)(1) should be revised 
to clarify that the size of the proper shipping name marking is not 
prescribed by the regulations.
    The intent of the proposed action was to clarify that IBCs that are 
labeled instead of placarded can be marked in accordance with the non-
bulk size requirements in Sec.  172.301(a)(1) consistent with 
international standards. As Sec.  172.301(a)(1) does not prescribe a 
size requirement for the proper shipping name, only the UN 
identification number would need to meet the 12 mm requirement. In the 
Sec.  172.514 preamble we inadvertently stated, ``[I]n this rulemaking, 
we are proposing to clarify that the marking size requirement, for both 
the proper shipping name and identification number, is at least 12 mm 
(0.47 inch) for an IBC that is labeled instead of placarded.'' We agree 
with the comments from DGAC, DOW, and URS; thus, in this final rule, 
PHMSA is revising Sec.  172.514(c)(4) for clarity as suggested by both 
DGAC and DOW. As Sec.  172.301(a)(1) does not impose a size requirement 
for a proper shipping name, the removal of the words ``size 
requirements'' from Sec.  172.514(c) clarifies that the 12 mm (0.47 
inch) size requirement prescribed in Sec.  172.301(a)(1) applicable to 
UN identification numbers does not also apply to the proper shipping 
name. The reduced minimum marking size will alleviate the existing 
discrepancy between Sec. Sec.  172.514(c)(4) and 172.336(d) and 
decrease frustration of shipments by harmonizing with international 
regulations, thus ensuring IBCs marked in accordance with these 
regulations are consistent with the HMR.

Part 173

Section 173.4a

    Section 173.4a prescribes the requirements for excepted quantities 
of hazardous materials. The excepted quantities provisions were added 
to the HMR under an international harmonization final rule published on 
January 14, 2009 [Docket Nos. PHMSA-2007-0065 (HM-224D) and PHMSA-2008-
0005 (HM-215J); 74 FR 2254, effective February 13, 2009]. Excepted 
quantities provisions in Sec.  173.4a are intended to be consistent 
with the existing exception in the ICAO TI. Paragraph (a) states that 
excepted quantities of materials other than articles transported in 
accordance with this section are not subject to any additional 
requirements of this subchapter except for. The language is unclear as 
to whether articles (including aerosols) may use the excepted 
quantities provisions. As a result, PHMSA is revising this paragraph to 
clarify that articles (including aerosols) are not eligible for 
excepted quantity reclassification under Sec.  173.4a, although some 
aerosols are eligible to be shipped as small quantities by highway and 
rail in Sec.  173.4. This will eliminate confusion as to the status of 
articles (including aerosols) in the context of this exception, while 
providing consistent language structure with Part 3, Chapter 5, Section 
5.1 of the ICAO TI.

Section 173.24a

    Section 173.24a prescribes additional general requirements for non-
bulk packages. Paragraph (c)(1)(iv) provides the quantity limits for 
mixed contents packages (when multiple hazardous materials are packed 
within the same package) transported by aircraft. In this rulemaking, 
we are clarifying that the requirements provided in paragraph 
(c)(1)(iv) do not apply to limited quantity materials packaged in 
accordance with Sec.  173.27(f)(2). This change is for clarification 
purposes only. Misapplication of Sec.  173.24a(c)(1)(iv) would be 
duplicative and, in certain cases, would place unintended restrictions 
on the net quantity of hazardous materials per package.

[[Page 35499]]

Section 173.27

    Section 173.27 prescribes general requirements for the 
transportation of hazardous material by aircraft. Paragraph (f)(2) 
contains the provisions for limited quantities but does not expressly 
address limited quantity packages of mixed contents. PHMSA received a 
request for a letter of interpretation (Ref. No. 13-0094) to clarify, 
for transportation by aircraft, the applicable section to reference. 
Specifically, the requester asked whether Table 3 in Sec.  173.27(f)(3) 
or the general provisions in Sec.  173.24a(c)(1)(iv) should be used 
when determining the maximum net quantity of each inner and outer 
packaging for limited quantity packages of mixed contents. In response, 
we stated that, as provided in Sec.  173.27(f)(2), when a limited 
quantity of a hazardous material is packaged in a combination packaging 
and is intended for transportation aboard an aircraft, the inner and 
outer packagings must both conform to the quantity limitations set 
forth in Table 3, which provides the maximum net quantity of each inner 
and outer packaging for materials authorized for transportation as a 
limited quantity by aircraft. For mixed contents of limited quantities 
by air, the shipper must comply with the maximum authorized net 
quantity of each outer package (Column 4 of 5 in Table 3) and ensure 
that the total net quantity does not exceed the lowest permitted 
maximum net quantity per package as shown by hazard class or division 
for the hazardous materials in the mixed contents package.
    In this rulemaking, we are revising Sec.  173.27(f)(2)(i) to 
clarify that the maximum net quantity for limited quantity packages of 
mixed contents must conform to the quantity limitations provided in 
Table 3 of Sec.  173.27(f)(3). PHMSA received one comment from UPS 
providing support for this revision.

Section 173.150

    Section 173.150 provides exceptions for Class 3 (flammable and 
combustible liquid) hazardous materials. The requirements for 
combustible liquids in bulk packagings are found in Sec.  
173.150(f)(3). Although placarding under subpart F of part 172 is 
specified as a requirement in Sec.  173.150(f)(3)(iv), registration 
requirements of Sec.  107.601 are not included among the subject 
requirements. Given that Sec.  173.150(f)(3) provides a list of subject 
requirements for combustible liquids in bulk packaging, PHMSA is 
revising this section through additions of a new subparagraph Sec.  
173.150(f)(3)(xi) stating that the registration requirements in subpart 
G of part 107 are also applicable, for bulk packagings only. PHMSA is 
also revising Sec.  173.150(f)(3)(ix) and (x) for punctuation 
applicable to the listing of requirements. PHMSA received one comment 
from ACA providing support for the amendments as proposed.

Section 173.159

    Section 173.159 prescribes requirements applicable to the 
transportation of electric storage batteries containing electrolyte 
acid or alkaline corrosive battery fluid (i.e., wet batteries). This 
section outlines packaging requirements, exceptions for highway or rail 
transport, and tests that batteries must be capable of withstanding to 
be considered as non-spillable. However, there is no authorization to 
transport nor are there any requirements or instructions for shippers 
of damaged or leaking wet batteries on how to prepare these items for 
transport. PHMSA received a request for a letter of interpretation 
(Ref. No. 06-0031) to clarify whether a shipper of a damaged wet 
battery may utilize the exception from full regulation provided in 
Sec.  173.159(e). In response, we stated that a damaged battery may be 
shipped in accordance with Sec.  173.159(e) provided: (1) It has been 
drained of battery fluid to eliminate the potential for leakage during 
transportation; (2) it is repaired and/or packaged in such a manner 
that leakage of battery fluid is not likely to occur under conditions 
normally incident to transportation; or (3) the damaged or leaking 
battery is transported under the provisions of Sec.  173.3(c).
    PHMSA proposed adding a new paragraph (j) to Sec.  173.159 to 
address this provision. However, a final rule published January 21, 
2016 [Docket No. PHMSA-2013-0042 (HM-233F); 81 FR 3635] added a 
paragraph (j) to account for nickel cadmium batteries containing liquid 
potassium hydroxide. Therefore, all references to the previously 
proposed paragraph (j) will be to the new paragraph (k).
    PHMSA received positive feedback from commenters with the ATA, the 
UPS, the USWAG, and Veolia voicing general support for this amendment. 
Veolia requested that ``cargo vessel'' be added as a mode of 
transportation; however, as this was not proposed and that inclusion 
would need an analysis from both PHMSA and the USCG, and we will not be 
authorizing vessel transportation in this final rule.
    The Battery Council International (BCI) also commented on this 
provision. While they voiced strong support for the creation of a new 
paragraph to address damaged wet batteries, they had concerns that the 
proposed regulatory text was unclear, did not take into account the 
industry standard, and may inadvertently eliminate existing exceptions 
for wet batteries. To supplement their comments, a meeting was 
requested by representatives of BCI with PHMSA to clarify their 
comments. Notes from that August 11 meeting can be found in the docket 
for this rulemaking. The BCI's primary concern is that a different 
packaging method referenced in previous PHMSA letters of interpretation 
(Ref. Nos. 09-0227 and 06-0062) that utilizes leak-proof packaging in 
other than an intermediate/outer configuration (i.e., single 
polyethylene bag) is absent from paragraph (j). BCI asserts that the 
single polyethylene bag method is sufficient to prevent leakage of the 
battery acid during transportation and that changing this standard 
industry practice will be highly disruptive, costly, and likely to 
result in considerable confusion. During the meeting, it emphasized 
that this was the predominant method of transporting damaged wet 
batteries by a vast majority of industry.
    PHMSA agrees with BCI's concerns and it was not our intent to undo 
progress made to address safety concerns by industry and PHMSA in the 
past by not allowing for this packaging configuration. Therefore, we 
are amending paragraph (k) (i.e., previously proposed paragraph (j)) to 
allow for this packing method. PHMSA believes that public safety would 
be better served by allowing the use of a method that is known and 
widely used by industry, that has a strong safety record for 
transporting damaged wet batteries, and on which affected hazmat 
employees are trained. The BCI further points out confusion in the 
proposed regulatory text in paragraphs (j)(2) and (3), stating that it 
is unclear how a shipper could comply with the packaging requirement in 
Sec.  173.159(j)(2) without also complying with Sec.  173.159(j)(3). 
PHMSA agrees with this comment; although, paragraphs (j)(2) and (3) are 
intended to be used in tandem, they currently appear to be separate 
conditions for transport. Therefore, we are amending the regulatory 
text to consolidate the previously proposed (j)(2) and (3) into one 
paragraph, now (k)(2). Lastly, BCI requests that clarification be added 
to ensure that there is no confusion that the batteries shipped under 
this paragraph are still eligible to be shipped using the exception 
found in Sec.  173.159(e). PHMSA agrees. It was never our intent to 
prohibit the use of this exception, and it was an oversight

[[Page 35500]]

in the NPRM not to specify this. Therefore, we are including a 
provision to clarify the eligibility of damaged wet batteries for 
exception under paragraph (e) when transported in accordance with Sec.  
173.159(k).
    PHMSA is adding a new paragraph (k) in Sec.  173.159 to address the 
need for provisions that allow shippers to prepare for transport and 
offer into transportation damaged wet electric storage batteries for 
purposes of recycling. Note that in addition to the conditions listed 
in paragraph (k), damaged wet electric storage batteries must also meet 
requirements of Sec.  173.159(a).
    PHMSA is reinserting language into Sec.  173.159(e)(4) of the HMR 
indicating that the transport vehicle may not carry material shipped by 
any person other than the shipper of the batteries. This language was 
inadvertently deleted from the HMR when PHMSA published a final rule 
titled ``Hazardous Materials: Reverse Logistics'' under Docket HM-253 
(81 FR 18527; March 31, 2016). As revised by HM-253, Sec.  
173.159(e)(4) now states that a carrier may accept shipments of 
batteries from multiple locations for the purpose of consolidating 
shipments of batteries for recycling, which creates confusion in the 
context of the section. The intent of the HM-253 final rule was to 
allow carriers to consolidate shipments of batteries from multiple 
locations for the purpose of recycling. To correct this inadvertent 
deletion, in this final rule we are revising Sec.  173.159(e)(4) by 
retaining the previous text and providing a clear exception when 
batteries are consolidated for recycling.

Section 173.166

    Section 173.166 prescribes requirements applicable to the 
transportation of safety devices. In a final rule published on July 30, 
2013 [Docket No. PHMSA-2010-0201 (HM-254); 78 FR 45880], PHMSA revised 
the requirements applicable to these materials. Among the changes made 
was the adoption of Special Permit DOT-SP 12332 into the HMR. This 
special permit excepted Class 9 air bag inflators, air bag modules, or 
seat-belt pretensioners assigned to UN3268 from the requirement to 
provide the EX number (i.e., the approval number) on the shipping 
paper.
    Under Sec.  173.166, paragraph (e)(6) authorizes packaging 
alternatives for air bag inflators, air bag modules, and seat-belt 
pretensioners that have been removed from, or were intended to be used 
in, a motor vehicle, as well as those devices that meet the 
requirements for use in the United States and are being transported to 
recycling or waste disposal facilities. When adopted in HM-254, a 
provision in Sec.  173.166(e)(6) stated ``for domestic transportation 
by highway,'' thereby limiting the use of this exception to ground 
transport, yet DOT-SP 12332 specifically permitted transport by ``cargo 
vessel'' as an authorized mode of transportation. For greater 
consistency with the special permit language adopted in HM-254, PHMSA 
is revising paragraph (e)(6) to add the words ``or cargo vessel,'' and 
as a result, PHMSA received one comment from Veolia providing support 
for this revision. Veolia noted that this revision will remove the 
administrative burden from both PHMSA and the Special Permit holders 
necessary for maintaining the special permit.

Sections 173.170 and 173.171

    Sections 173.170 and 173.171 prescribe exceptions for the 
transportation of black powder for small arms classed as a Division 1.1 
explosive and the transportation of smokeless powder for small arms 
classed as a Division 1.3 or Division 1.4 explosive. These exceptions 
permit these materials to be reclassed as Division 4.1 flammable solid 
material for domestic transportation. In both sections, the total 
quantity of black or smokeless powder for small arms is limited to 45.4 
kg (100 pounds) net mass in a motor vehicle (other modes are authorized 
as well). PHMSA believes the exception should be updated to account for 
modern highway transportation. Currently, the HMR defines ``motor 
vehicle'' in Sec.  171.8 to include a vehicle, machine, tractor, 
trailer, or semitrailer, or any combination thereof. The use of the 
term in this exception limits a carrier with multiple trailers to 100 
pounds total of black or smokeless powder, reclassed as Division 4.1. 
Carriers who commonly transport double- or triple-trailer loads by 
highway may find it difficult to ensure that each trailer contains an 
amount of black or smokeless powder, reclassed as Division 4.1 that 
would keep the total quantity in all trailers under 100 pounds.
    PHMSA believes the term ``motor vehicle'' should be replaced with 
``transport vehicle'' in the context of this exception and that doing 
so will not decrease the level of safety for the transport of these 
materials. The term ``transport vehicle'' is defined in Sec.  171.8 as 
a cargo-carrying vehicle, such as an automobile, van, tractor, truck, 
semitrailer, tank car, or rail car, used for the transportation of 
cargo by any mode. Each cargo-carrying body (a trailer, a rail car, 
etc.) is a separate transport vehicle. Changing the term ``motor 
vehicle'' to ``transport vehicle'' would reflect a consistency in the 
ability to use exceptions for black or smokeless powder with the other 
modes, such as rail and vessel, whereby each rail car or freight 
container is permitted to have 100 pounds total.
    In the NPRM, PHMSA solicited comment from stakeholders on this 
issue and requested any available data relating to incidents involving 
transport of black or smokeless powder for small arms reclassed as 
Division 4.1 by motor vehicle. PHMSA received four comments from ATA, 
DGAC, SAAMI, and UPS in support of this revision. The SAAMI, noted,, 
``[w]e are aware of no incidents involving transporting black or 
smokeless powder for small arms reclassed as Division 4.1 by motor 
vehicle. These products are subject to a testing regime to ensure that 
they meet the rigid requirements for transport as a flammable solid.'' 
Thus, in this final rule, PHMSA is revising Sec. Sec.  173.170 and 
173.171 as proposed in the January 23, 2015 NPRM to replace the term 
``motor vehicle'' with ``transport vehicle.''

Section 173.199

    Section 173.199 prescribes the packaging requirements for Category 
B infectious substances. Paragraph (a)(4) of this section requires that 
the packaging be capable of successfully passing the drop test in Sec.  
178.609(d) and the steel rod impact test in Sec.  178.609(h) at a drop 
height of at least 1.2 meters (3.9 feet).
    PHMSA received a request for a letter of interpretation (Ref. No. 
07-0018) regarding the test requirements in Sec.  173.199(a)(4). The 
request pointed out that in the preamble to the final rule published on 
June 2, 2006 [Docket No. PHMSA-2004-16895 (HM-226A); 71 FR 32244] 
states that Category B packagings must be capable of passing a drop 
test, but need not be capable of passing a puncture or other 
performance test. The requester asked if the regulatory text requiring 
the steel rod impact test for this packaging was an error.
    As we clarified in our response, PHMSA did not intend to require 
the steel rod impact test in Sec.  178.609(h) for a packaging used to 
transport a Category B infectious substance. Therefore, in this 
rulemaking, we are revising the provisions in Sec.  173.199(a)(4) by 
removing the reference to the steel rod impact test in Sec.  
178.609(h).

Section 173.216

    Section 173.216 establishes the transportation requirements for 
asbestos. Paragraph (c) of this section

[[Page 35501]]

provides packaging requirements for asbestos including both ``bulk'' 
and ``non-bulk'' packaging options.
    PHMSA received a request for a letter of interpretation (Ref. No. 
11-0169) regarding the applicability of bulk and non-bulk packaging 
instructions for asbestos. The letter expressed confusion regarding 
whether Sec.  173.216 should apply to both ``bulk'' and ``non-bulk'' 
packages of asbestos, because as the requester noted in the letter, the 
Sec.  172.101 HMT entry for ``Asbestos,'' NA2212 refers to packaging 
instructions specified in Sec.  173.216 for non-bulk packaging 
requirements and Sec.  173.240 for bulk packaging requirements. It was 
also noted in the letter that some of the packaging options specified 
in Sec.  173.216 are considered bulk packagings.
    PHMSA acknowledged that some of the packaging options provided in 
Sec.  173.216(c) meet the bulk packaging definition specified in Sec.  
171.8 and, therefore, would be considered a bulk packaging for 
transportation purposes. In this rulemaking, we are revising the bulk 
packaging section reference in Column (8C) of the HMT to add a 
reference to ``216'' for the table entries associated with the 
following identification numbers: NA2212, UN2212, and UN2590. This 
revision will: (1) Eliminate the confusion pertaining to authorized 
bulk packaging specifications contained in a section previously only 
referenced in the authorized non-bulk Column (8B) of HMT and (2) allow 
for the continued use of bulk packages in Sec.  173.240.

Section 173.225

    Section 173.225 contains the packaging requirements and other 
provisions applicable to the transportation of organic peroxides. 
Paragraph (d) of this section contains the Packing Method table, which 
provides packagings authorized for organic peroxides and the maximum 
quantity permitted in each package or packaging. The table is missing 
pertinent information, so PHMSA is revising the table to add a 
reference to Note 1 for OP2, which states that if two values are given, 
the first applies to the maximum net mass per inner packaging and the 
second to the maximum net mass of the complete package. Additionally, 
PHMSA is revising the maximum quantity for solids and combination 
packagings (liquid and solid) for OP4 to read as ``5/25'' kg instead of 
only ``5.''

Section 173.301

    Section 173.301 applies to general requirements for shipment of 
compressed gases and other hazardous materials in cylinders, UN 
pressure receptacles, and spherical pressure vessels. Paragraph (g) of 
this section describes the requirements to manifold cylinders in 
transportation. A manifold system is a single pipe or chamber connected 
to a group of cylinders, which allows for a single point of loading and 
unloading.
    Incidents investigated by the NTSB have highlighted potential risks 
when transporting manifolded acetylene trailers.\3\ These incidents 
included overturned vehicles and two unloading releases. As a result of 
the impact caused by ejection of the cylinders from the vehicle during 
overturn incidents, cylinders have shown signs of broken valves, burst 
heads, burst walls, as well as bulging and denting of the walls. The 
impact resulting from the ejection of the cylinders from the vehicle 
also can cause the valves to break, which may ignite the acetylene. The 
NTSB's investigation also concluded that the unloading sequence is 
occasionally done out of order from what is specified in the standard 
operating procedures and that this can be a contributing factor to 
incidents.
---------------------------------------------------------------------------

    \3\ https://www.ntsb.gov/doclib/safetystudies/SIR0901.pdf.
---------------------------------------------------------------------------

    The NTSB has issued two Safety Recommendations \4\ to PHMSA based 
on recent incidents involving manifolded acetylene trailers:
---------------------------------------------------------------------------

    \4\ http://phmsa.dot.gov/staticfiles/PHMSA/DownloadableFiles/Files/NTSB%20Files/H_09_1_2_Original.pdf.

    H-09-01: Modify 49 CFR 173.301 to clearly require (1) that 
cylinders be securely mounted on mobile acetylene trailers and other 
trailers with manifolded cylinders to reduce the likelihood of 
cylinders being ejected during an accident and (2) that the cylinder 
valves, piping, and fittings be protected from multidirectional 
impact forces that are likely to occur during highway accidents, 
including rollovers.
    H-09-02: Require fail-safe equipment that ensures that operators 
of mobile acetylene trailers can perform unloading procedures only 
correctly and in sequence.

    Given the results of the NTSB investigations, as well as the 
associated safety risks of mobile acetylene trailer overturns and 
unloading operations, PHMSA proposed in the NPRM to incorporate by 
reference in Sec.  171.7 of the HMR the CGA G-1.6-2011, Standard for 
Mobile Acetylene Trailer Systems, Seventh Edition, copyright 2011. CGA 
G-1.6 would serve to address the NTSB Safety Recommendations specific 
to mobile acetylene trailers. This pamphlet was updated by the CGA with 
input from both PHMSA and the industry to address cylinder securement 
under accident conditions, valve protection from multidirectional 
impact forces, and unloading procedures specific to mobile acetylene 
trailers.
    Specifically, PHMSA proposed to incorporate the CGA pamphlet into 
Sec.  171.7 and to revise Sec.  173.301(g)(1)(iii) to indicate that 
mobile acetylene trailers must be maintained, operated, and transported 
in accordance with CGA Pamphlet G-1.6. In addition, PHMSA sought 
specific comment on the inclusion of CGA Technical Bulletin (TB) TB-25 
to address structural integrity requirements. PHMSA also proposed to 
revise Sec.  177.840 by adding paragraph (a)(3) to state that cylinders 
containing acetylene and manifolded as part of a mobile acetylene 
trailer system must be transported in accordance with Sec.  173.301(g) 
to ensure that this requirement is addressed in the carriage by highway 
portion of the HMR.
    PHMSA received two comments on this provision. The CGA, who 
petitioned to incorporate by reference CGA Pamphlet G-1.6, stated 
continued support for the adoption of this provision. Additionally, 
they comment that TB-25 ought not to be included in the adopted 
regulations, stating that it would be incorrectly applied. TB-25 
addresses tubes that are mounted horizontally on a trailer chassis 
whereas acetylene cylinders are required to be mounted vertically with 
individual valve protection. Thus, while tubes are permanently mounted 
onto a trailer chassis, acetylene cylinders are not permanently 
attached to the trailer to allow for periodic maintenance (i.e., 
resolventing).
    In its comment, the NTSB agrees with PHMSA's intent to address 
mobile acetylene trailers but states that CGA Pamphlet G-1.6 does not 
fully address accident impact protection from multidirectional forces 
that are likely to be encountered during highway accidents, including 
rollover. Additionally, they believe TB-25 should be included to 
address manifolded acetylene cylinders and state that a revision to TB-
25 to include vertically-mounted, manifolded cylinders would provide a 
standard for accurate and verifiable performance testing, analytical 
methods, or a combination thereof, to prove the adequacy of mobile 
acetylene trailer designs in both normal operation and accident 
conditions. The NTSB also disagrees with PHMSA that the proposed 
changes address cylinder securement, vehicle accident impact, or 
rollover protection as recommended in Safety Recommendation H-09-01. 
Lastly, it states that CGA Pamphlet G-1.6 does not mandate operator

[[Page 35502]]

equipment that would require them to perform unloading procedures in 
the correct sequence and that it only requires that instructions are 
readily available to the operator.
    PHMSA appreciates both CGA and NTSB's comments on this provision. 
We recognize NTSB's concerns regarding the nature of its 
recommendations and what was proposed in the NPRM. Its comments 
demonstrate that further examination of this issue regarding 
performance in accident conditions is necessary. While we cannot adopt 
additional provisions at this time as they are beyond the scope of this 
rulemaking, we will work with both the NTSB and the CGA to address 
remaining concerns and additional action may be taken in a future 
rulemaking. However, at this time PHMSA is adopting as proposed the 
incorporation by reference of CGA Pamphlet G-1.6.

Section 173.306

    Section 173.306 provides exceptions from the HMR for compressed 
gases, including aerosols, when transported in limited quantities. In a 
final rule published May 14, 2010 [Docket No. PHMSA-2009-0289 (HM-
233A); 75 FR 27205], PHMSA added a new paragraph (k) to Sec.  173.306 
adopting provisions from DOT-SP 12842. These provisions authorized an 
increase in gross weight per package for the purpose of packaging 
discarded empty, partially used, and full aerosol containers to be 
transported to a recycling or disposal facility.
    PHMSA received a request for a letter of interpretation (Ref. No. 
12-0004) seeking confirmation that aerosols shipped for disposal or 
recycling in compliance with Sec.  173.306(k) are permitted the same 
exceptions (i.e., the marking and labeling requirements of part 172, 
subparts D and E, respectively, and shipping paper requirements, unless 
it is a hazardous waste or hazardous substance, of part 172, subpart C) 
granted under Sec. Sec.  173.306(i) and 173.156(b) without being 
reclassified as an ORM-D material. The requester also pointed out that 
under DOT-SP 12842, aerosols shipped for disposal or recycling were 
excepted from the marking, labeling, and shipping paper requirements, 
unless they were considered a hazardous waste or hazardous substance, 
without being reclassified as an ORM-D material.
    In response to the NPRM, PHMSA received three comments on this 
proposed change. Two commenters, the USWAG and Veolia voiced general 
support for the revision. However, both Veolia and ACA noted a mistake 
in the preamble language of the NPRM and believe the applicable marking 
section referenced in the discussion was in error and should be Sec.  
172.315(a)--for modes other than air transport, not paragraph (b). 
Though, Veolia does note that the proposed revised text included by 
PHMSA in Sec.  173.306(k)(3) is correct by referencing Sec.  
172.315(a). PHMSA appreciates the comment from Veolia and agrees that 
they are correct. Additionally, in its comment, ACA questions the need 
for the proposed marking requirement in Sec.  173.306(k)(4) requiring 
that limited quantity packages containing aerosols for recycling or 
disposal conforming to the provisions of paragraph (a)(3), (a)(5), or 
(b)(1) must also be marked ``INSIDE CONTAINERS COMPLY WITH PRESCRIBED 
REGULATIONS'' in addition to marking in accordance with Sec.  
172.315(a). The ACA commented that the ``INSIDE CONTAINERS COMPLY WITH 
PRESCRIBED REGULATIONS'' marking is explicitly not required by Sec.  
173.306(i) and therefore an original (not for recycling or disposal) 
shipment of aerosols meeting the requirements of a limited quantity is 
not required to be marked ``INSIDE CONTAINERS COMPLY WITH PRESCRIBED 
REGULATIONS''. The ACA contends that when an aerosol is ready for 
disposal or recycling it is presumably empty or less than full and that 
the risk is lower, and as such, it questions the need for this 
additional marking. The ACA commented that this situation is somewhat 
confusing and will likely lead to mistakes and in addition, will 
require shippers of aerosols to stock two different boxes or a roll of 
labels for the disposal or recycling shipments, incurring additional 
costs for very low-risk commodities.
    PHMSA agrees that the proposed marking of packages with ``INSIDE 
CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS'' is not necessary, as 
the presence of a Sec.  172.315(a) limited quantity mark on a package 
prepared in accordance with Sec.  172.306(k) sufficiently communicates 
conformance with applicable requirements, and although PHMSA does not 
necessarily agree that the risk of empty or partially full aerosols is 
lower due to the much larger quantity authorized per package (i.e., 500 
kg gross) compared to the standard limitation of 30 kg gross, we 
believe the safety concern of the larger quantity is offset by the 
conditions of the exception in Sec.  172.306(k), specifically, 
protecting or removing the valve stem of the aerosols and limiting 
carriage to private or contract carriers, or under exclusive use 
service by common carriers. The former protects against the release of 
contents and while the latter prevents introduction into common 
transportation channels where transport personnel do not have as much 
expertise and knowledge of the package and its contents. Therefore, in 
this rulemaking, we are revising Sec.  173.306(k) by clarifying that 
aerosols shipped for recycling or disposal by motor vehicle, under the 
specific conditions provided in Sec.  173.306(k), are afforded the 
applicable exceptions provided for ORM-D materials granted under 
Sec. Sec.  173.306(i) and 173.156(b). In addition, Sec.  173.306(k) 
packages must be marked in accordance with Sec.  172.315(a).

Sections 173.314(h) and 173.315(b)(1)

    Section 173.314 establishes requirements for compressed gases in 
tank cars and multi-unit tank cars, and Sec.  173.315 establishes 
requirements for compressed gases in cargo tanks and portable tanks. 
PHMSA is aware of several incidents possibly attributed to either the 
under-odorization or odorant fade of LPG. Although not transportation 
related, most notable of these incidents is one that happened in 
Norfolk, MA on July 30, 2010, where an explosion occurred at a 
residential condominium complex that was under construction. Emergency 
responders from 21 cities and towns deployed personnel to the accident 
site. The accident resulted in seven injuries and one fatality.
    The subsequent investigation raised questions as to whether there 
was a sufficient level of odorant in the LPG contained in the on-site 
storage tanks. In accordance with Federal and State laws and 
regulations, LPG intended for use by non-industrial entities is 
generally required to be odorized, or stenched, to enable the detection 
of any unintended release or leak of the gas. LPG is highly flammable, 
and is dangerous to inhale in large quantities; thus the addition of an 
odorant is a safety precaution that helps warn those in the area that a 
release of gas has occurred. In the Norfolk incident, there was no 
noticeable evidence of odorant that would indicate a leaking. PHMSA has 
consulted with stakeholders from industry, fire fighter associations, 
and other regulatory agencies in order to better understand the root 
cause of incidents like the one in Norfolk. Although additional 
research may be necessary in order to come to more definitive 
conclusions, PHMSA has identified the following situations in which the 
risks of under-odorization or odorant fade are more likely to occur:

[[Page 35503]]

    Injection Process: On December 13, 2012, PHMSA met with 
representatives from the NPGA to gain a better understanding of the LPG 
odorization process. During this meeting, representatives from the NPGA 
stated that the most common method for the odorization of LPG is 
through an automated system. However, the NPGA also noted there are 
situations where the odorization process is manually performed. 
Preliminary investigations into the Norfolk, MA incident suggest that 
the lack of sufficient odorization rendered the LPG undetectable when 
the on-site storage tank began to leak. In situations where the 
injection process is not fully automated, the potential for human error 
may increase the possibility of under-odorization. We believe that the 
insufficient level of odorant in the LPG contained in the on-site 
storage tank involved in the Norfolk, MA incident was likely a major 
contributing factor in limiting the ability of on-site personnel to 
readily detect the leak.
    New Tanks or Freshly Cleaned Tanks: During our meetings with 
various stakeholders, several indicated that a phenomenon known as 
``odor fade'' may be a problem when new or recently cleaned tanks are 
used. New or recently cleaned tanks may absorb the odorant into the 
metal shell of these tanks leading to an ``odorant fade,'' thus 
limiting the effectiveness of the remaining odorant in the LPG.
    Odorization Standards: The odorization of LPG is addressed by 
Federal and State laws and regulations, as well as by generally 
accepted industry standards and practices. When offered and transported 
in commerce, the HMR specifies that all LPG in cargo and portable tanks 
be effectively odorized using either 1.0 pound of ethyl mercaptan, 1.0 
pound of thiopane, or 1.4 pounds of amyl mercaptan per 10,000 gallons 
of LPG, in the event of an unintended release or leak to indicate the 
presence of gas. The HMR does not, however, require LPG to be odorized 
if odorization would be harmful in the use or further processing of the 
LPG, or if odorization will serve no useful purpose as a warning agent 
in such use or further processing. Essentially, this exception applies 
to LPG being transported to industrial end-users.
    In response to the NPRM, PHMSA received comments from the 
Massachusetts Department of Fire Services, the NASFM, the NTSB, the 
IAFC, the NPGA, Trammo Inc., and the New Hampshire Office of the State 
Fire Marshall on the proposed odorization requirements. All of the 
commenters supported the development of an odorization standard for 
rail tank cars as it exists for cargo tanks and portable tanks. 
Additionally, support for qualitative testing to address under-
odorization or odorant fade was voiced.
    The Massachusetts Department of Fire Services generally support 
PHMSA's proposal to address odorization of LPG in both cylinders and 
rail cars, as well as the creation of a performance standard to address 
issues of under-odorization and odorant fade of LPG in transportation. 
They believe that the proposals could be strengthened in two ways: (1) 
Mandate qualitative testing equivalent to the Code of Massachusetts 
Regulations, which specifies the tests that can be used to satisfy this 
requirement; and (2) mandate recordkeeping requirements that can be 
made available upon request. Records should include: The process of 
odorization, testing and test results, and if necessary, remediation by 
injection of additional odorant. The odorization in cylinders is not 
being adopted as proposed. While PHMSA appreciates the prescriptive 
additional requirements for odorization offered in the comment from the 
Massachusetts Department of Fire Services we disagree with specifying 
the tests that can be used and requiring recordkeeping. These measures 
were not proposed in the NPRM and PHMSA sees specifying the tests as a 
limiting factor to addressing odorization qualitative testing. While we 
do not take issue with using the tests outlined in the Code of 
Massachusetts Regulations, we are not prescribing specific tests. In 
addition, the requirement for recordkeeping was not proposed in the 
NPRM, so obligatory paperwork burdens were not accounted for: PHMSA is 
required by Federal law to reduce the paperwork burdens it imposes on 
private citizens and businesses. Accordingly, we do not agree that the 
safety benefits achieved by requiring recordkeeping are justified. 
These comments by the Massachusetts Department of Fire Services were 
echoed by the NASFM, the IAFC, and the New Hampshire Office of the 
State Fire Marshall.
    As discussed in the section referencing the Provisions Not Adopted 
in This Final Rule, the NPGA opposed an odorization testing requirement 
for cylinders and cargo tanks. Although PHMSA disagrees with NPGA that 
cargo tanks should be excluded from the requirements to address odorant 
fade or under-odorization, we agree with its comment that it should be 
addressed ``upstream'' in transportation. Therefore, we are only 
applying the revised text in Sec.  173.315(b)(1) to cargo tanks and 
portable tanks being offered for transport from a refinery, gas plant, 
or pipeline terminal.
    The NPGA also provided suggestions to improve the proposed Sec.  
173.314(h) language. It suggests deleting the references to thiophane 
and amyl mercaptan as these materials are no longer used as odorant in 
LPG. PHMSA agrees with this comment and will remove those references. 
Due to universal support by commenters for requiring an odorant 
performance standard as well as measures to address odorant fade and 
under-odorization in rail tank car tanks, we are adopting new Sec.  
173.314(h) provisions with minor changes.
    Trammo Inc. generally supported the proposed changes, but expressed 
concern about the odorization requirements regarding exporting propane. 
They note that odorized propane cannot be shipped internationally 
because it may be sold for industrial purposes for which odorization 
may be harmful, and that a small specialized fleet of refrigerated gas 
carriers refuse to carry odorized products because of persistent cargo 
residue and contamination. Trammo Inc. notes that receiving odorized 
propane would have negative consequences for the company and its 
customers. PHMSA notes these concerns; however, PHMSA points out that 
Sec. Sec.  173.314(h) and 173.315(b)(1) provide an exception that 
addresses this scenario indicating that odorization is not required if 
harmful in the use or further processing of the liquefied petroleum gas 
or if odorization will serve no useful purpose as a warning agent in 
such use or further processing. This exception would apply to the 
exportation and further distribution of liquefied propane gas 
internationally if it cannot be offered as odorized.

Part 175

Sections 175.1 and 175.9

    Section 175.1 describes the purpose, scope, and applicability of 
part 175 to air operations, specifically, the transportation of 
hazardous materials in commerce by air. Section 175.9 provides 
exceptions from regulation under the HMR for certain special aircraft 
operations. Specifically, paragraph (b)(4) of Sec.  175.9 excepts 
hazardous materials carried and used during dedicated air ambulance, 
firefighting, or search and rescue operations. To clarify that these 
operations are not subject to the HMR when in compliance with 
applicable Federal Aviation Regulations (FAR; 14 CFR) and any 
additional Federal Aviation Administration (FAA)

[[Page 35504]]

requirements, PHMSA is adding a new paragraph (d) in Sec.  175.1 
stating that the HMR does not apply to dedicated air ambulance, 
firefighting, or search and rescue operations. This will eliminate any 
confusion that these air operations would otherwise be subject to 
requirements in the HMR (e.g., passenger notification requirements). 
PHMSA is also removing Sec.  175.9(b)(4) for consistency.
    As with other conditional exceptions to the HMR, non-compliance 
with the FAR could subject operators to enforcement under the HMR, but 
PHMSA does not anticipate any adverse safety consequences with this 
proposed revision due to the existing training requirements in the FAR 
on the proper handling and stowage of hazardous materials carried 
onboard aircraft.
    The FAA and PHMSA recognize that certain operators do not solely 
utilize their aircraft for purposes under Sec.  175.9(b)(4). Normal 
transport operations (i.e., the transport of passengers or cargo not 
required for performance of, or associated with, the specialized 
emergency function) would continue to be subject to the HMR. However, 
staging operations and other operations related to dedicated air 
ambulance, firefighting, or search and rescue operations are intended 
to be excepted from the HMR when in compliance with the FAR. We note 
the following definitions in FAA Order 8900.1 (Vol. 3, Chapter 14, 
Section 1, 3-529(C)):

    (1) Firefighting. This term includes the drop of fire 
retardants, water, and smoke jumpers. It also includes the transport 
of firefighters and equipment to a fire or to a base camp from which 
they would be dispersed to conduct the firefighting activities.
    (2) Search and Rescue. Search and rescue is a term of art 
meaning aircraft operations that are flown to locate people who 
cannot be located from the ground. The term includes operations 
where the aircraft is indispensable to the search, or is the only 
feasible means of reaching the victim. Victims would be considered 
to be ``associated with'' the search and rescue operation. The term 
``search and rescue'' does not include routine medical evacuation of 
persons due to traffic accidents and other similar incidents.

    Air ambulance operators are required by the FAR to utilize either 
Operational Specification (OpSpec) A021 (Helicopter Emergency Medical 
Services (HEMS) Operations) or A024 (Air Ambulance Operations--
Airplane) and must obtain and adhere to the appropriate OpSpec to be 
excepted from the HMR.

Section 175.8

    Section 175.8 provides exceptions from certain regulations for air 
carrier operator equipment and items of replacement. Paragraph (b)(1) 
provides that oxygen, or any hazardous material used for the generation 
of oxygen, for medical use by a passenger, which is furnished by the 
aircraft operator in accordance with certain FAR (14 CFR) requirements 
is not subject to the requirements of the HMR. The provisions of the 
FAR, at Sec.  125.219, Oxygen for medical use by passengers, was 
inadvertently left out of paragraph (b)(1). In this rulemaking, we are 
revising paragraph (b)(1) by adding the appropriate FAR, part 125 
citation.

Section 175.10

    Section 175.10 provides exceptions for passengers, crewmembers, and 
air operators. Paragraph (a) of this section lists a number of 
hazardous materials that are permitted for carriage by passengers or 
crewmembers provided the requirements of Sec. Sec.  171.15 and 171.16 
and the conditions of this section are met. PHMSA is proposing 
revisions to some of these provisions to promote clarity.
    In paragraph (a)(6), hair curlers (curling irons) containing a 
hydrocarbon gas, such as butane, and carried in carry-on or checked 
baggage, are excepted from the requirements of the HMR. However, gas 
refills for such curlers are not permitted in carry-on or checked 
baggage. In this final rule, PHMSA is prohibiting such hair curlers in 
checked baggage due to the risk posed by flammable gases in an 
inaccessible compartment on a passenger-carrying aircraft. Flammable 
gases will burn if mixed with an appropriate amount of air and confined 
burning of a flammable gas can lead to detonation. As a result, we 
remain concerned with the flammability hazard posed by butane and other 
flammable gases and the ability of such gases to propagate or 
contribute to a fire in the cargo compartment of an aircraft. This 
concern is particularly relevant to carriage in checked baggage, where 
damage to the curling iron and the subsequent release of a flammable 
gas may occur if the baggage is mishandled or the article itself is 
compromised.
    Because of the risks posed by flammable gas, a number of safety 
requirements apply to cargo shipments of flammable gas on passenger-
carrying aircraft. Most Division 2.1 flammable gas substances and 
articles are generally forbidden from transportation as cargo aboard 
passenger-carrying aircraft, and PHMSA's prohibition of the carriage of 
butane-powered curling irons in checked baggage is consistent with this 
provision. In the area of aviation safety, where the high volume of 
travel and the catastrophic consequences of failure lead to a very low 
tolerance for risk, we firmly believe the known risks of flammable gas 
are sufficient basis for our decision. In the NPRM, we solicited public 
comment on any impact our proposed action may impose upon passengers, 
crew members, and air operators; however, PHMSA did not receive any 
comments.
    In paragraph (a)(22) of this section, non-infectious specimens 
transported in accordance with Sec.  173.4b(b) (de minimus quantities) 
are permitted for carriage by passengers or crewmembers. PHMSA is 
clarifying this exception to include the phrase ``in preservative 
solutions'' to clarify the intended use of this exception. Non-
infectious substances would not be subject to the HMR if they did not 
otherwise meet the definition of any other hazard classes. This 
clarification signals that the exception refers to specimens in 
solutions that may contain preservatives that are hazardous materials, 
such as formaldehyde and alcohol solutions.
    Additionally, PHMSA is revising paragraph (a)(24) of this section, 
which refers to small cartridges of carbon dioxide or other suitable 
gas of Division 2.2. The exception states that small cartridges fitted 
into devices with no more than four small cartridges are permitted. 
This is inconsistent with the ICAO TI, which permits cartridges for 
other devices indicating that spares are permitted. As Sec.  
175.10(a)(24) currently reads, there is no mention of spare cartridges. 
The HMR currently permits up to four small cartridges, and therefore, 
PHMSA is revising this paragraph to state that small cartridges fitted 
into or securely packed with devices with no more than four small 
cylinders of carbon dioxide or other suitable gas in Division 2.2 are 
permitted for carriage by passengers or crewmembers. This change 
harmonizes the exception with international standards to clarify that 
spares are permitted in addition to the cartridges already fitted into 
the device, provided they are securely packed with the devices for 
intended use.

Section 175.75

    Section 175.75 describes the quantity limitations and cargo 
locations for carriage by aircraft. Paragraph (e)(2) excepts packages 
of hazardous materials transported aboard a cargo aircraft, when other 
means of transportation are impracticable or not available, in 
accordance with procedures approved

[[Page 35505]]

in writing by the FAA Regional or Field Security Office in the region 
where the operator is located, from the requirements of paragraphs (c) 
and (d) of Sec.  175.75. PHMSA is revising this paragraph by removing 
the word ``located'' and replacing it with ``certificated.'' The words 
``or Field Security'' are also removed. This amendment ensures that 
operators interact with the Hazardous Materials Division Manager (HMDM) 
who has already reviewed and recommended for approval the certificate's 
hazmat-related manual(s) required under FAR Sec.  121.135. The HMDM (or 
designee) will already have an understanding of the certificate's 
operations and, as needed, will interact with the local resources and/
or the operator's certificate management team to assess the 
impracticability or lack of availability of other cargo operations--as 
well as what alternative procedures should be prescribed.

Part 176

Section 176.30

    Section 176.30 prescribes the information required on dangerous 
cargo manifests for vessel transport. Paragraph (a)(4) requires ``the 
number and description of packages (e.g., barrels, drums, cylinders, 
boxes, etc.) and gross weight for each type of packaging.'' In this 
final rule, PHMSA is replacing the word ``packaging'' with ``package,'' 
as the term ``packaging'' refers to the means of containment and not 
the completed package.

Part 177

Section 177.834

    Section 177.834 establishes general operational requirements for 
hazardous materials transportation by highway. Section 177.934(i) 
prescribes attendance requirements for loading and unloading 
operations. In a final rule published on January 21, 2016 [Docket No. 
PHMSA-2013-0042 (HM-233F); 81 FR 3635], PHMSA codified DOT Special 
Permits 9874, 13190, 13424, 13959, 14141, 14150, 14680, 14822, 14827, 
and 14840 into Sec.  177.834(i) that authorize ``attendance'' of the 
loading or unloading of a cargo tank by a qualified person observing 
all loading or unloading operations by means of video cameras and 
monitors or instrumentation and signaling systems such as sensors, 
alarms, and electronic surveillance equipment located at a remote 
control station. In the same final rule, PHMSA codified DOT Special 
Permits 13484 and 14447 also into Sec.  177.834(i) that authorize 
``attendance'' of the loading or unloading of a cargo tank through the 
use of hoses equipped with cable connected wedges, plungers, or flapper 
valves located at each end of the hose, able to stop the flow of 
product from both the source and the receiving tank within one second 
without human intervention in the event of a hose rupture, 
disconnection, or separation. The SPs prescribe inspection requirements 
and operational controls for use of the hoses. In the final rule, 
however, PHMSA inadvertently omitted the word ``or'' between each of 
the four acceptable methods of determining compliance with the 
attendance requirements adopted by the codification of the 12 special 
permits. Thus, in this final rule, PHMSA is inserting the word ``or'' 
between each acceptable method in Sec.  177.834(i) as proposed in the 
January 30, 2015 NPRM.

Section 177.848

    Section 177.848 addresses segregation requirements for hazardous 
materials transported by motor carrier. PHMSA received a request for a 
letter of interpretation (Ref. No. 09-0268) requesting clarification 
whether ``Boosters, 1.1D, UN0042, PG II'' and ``Ammonium nitrate, 5.1, 
UN1942, PG III'' can be transported in the same vehicle. The requester 
noted seemingly conflicting requirements in Sec. Sec.  177.835 and 
177.848 applicable to the segregation of ammonium nitrate fertilizer 
and explosive materials.
    Section 177.848(e) provides instructions for using the segregation 
table in Sec.  177.848(d). Presently, under Sec.  177.848(e)(5) 
assignment of note ``A'' authorizes ammonium nitrate (UN1942) and 
ammonium nitrate fertilizer to be loaded or stored with Division 1.1 or 
Division 1.5 (explosive) materials. However, Sec.  177.835(c) provides 
that Division 1.1 or 1.2 (explosive) materials may not be loaded into 
or carried on any vehicle or a combination of vehicles under certain 
conditions outlined in paragraphs (c)(1) through (4). PHMSA clarified 
in the response letter that a Division 1.1 or 1.2 explosive may not be 
loaded into or carried on any vehicle or a combination of vehicles that 
does not conform to Sec. Sec.  177.835(c)(1) through (4), regardless of 
the note ``A'' exception for UN1942 in Sec.  177.848(e)(5). In this 
rulemaking, we are clarifying that the loading restrictions in Sec.  
177.835(c)(1) through (4) are applicable to Sec.  177.848(e).

Part 178

Section 178.65

    Section 178.65 applies to the manufacture of DOT Specification 39 
non-reusable (non-refillable) cylinders. Paragraph (i) of this section 
describes the required markings for DOT 39 cylinders. The reference to 
Sec.  178.35(h) in Sec.  178.65(i)(1) is incorrect, as Sec.  178.35(h) 
was removed under a final rule published July 20, 2011 [Docket No. 
PHMSA-2009-0151 (HM-218F); 76 FR 43509], which consolidated the 
inspector's report requirements found in Sec.  178.35(g) into paragraph 
(c)(4) of that section, moved the manufacturer's report retention 
requirements into paragraph (g) and removed paragraph (h). In this 
final rule, PHMSA is revising Sec.  178.65(i)(1) to correctly reference 
the manufacturer's report requirements in Sec.  178.35(g).

Section 178.337-17

    Section 178.337-17 prescribes the marking requirements applicable 
to MC 331 cargo tank motor vehicles. Paragraph (a) of this section 
outlines general requirements for marking of MC 331 cargo tank motor 
vehicles. PHMSA received a request for a letter of interpretation (Ref. 
No. 04-0206) to clarify the applicability of these markings in Sec.  
178.337-17(a). The request pointed out an incorrect use of the term 
cargo tank as it applies to the requirement for specification plates 
found in paragraph (a), which states that each cargo tank certified 
after October 1, 2004 must have a corrosion-resistant metal name plate 
(ASME Plate) and specification plate permanently attached to the cargo 
tank by brazing, welding or other suitable means on the left side near 
the front, in a place accessible for inspection.
    In response, we stated that an MC 331 cargo tank must have a metal 
name plate (also referred to as an ASME plate) permanently attached to 
the cargo tank. In addition, an MC 331 cargo tank motor vehicle 
certified after October 1, 2004, must have a specification plate that 
includes the information specified in Sec.  178.337-17(c). In this 
final rule, PHMSA is revising Sec.  178.337-17(a) to eliminate 
confusion of the name plate and specification plate requirements.

Section 178.345-3

    Section 178.345-3 prescribes general requirements for the 
structural integrity of specification cargo tanks. Paragraph (c)(1) of 
this section addresses stress in the cargo tank shell resulting from 
normal operating loadings. PHMSA published a final rule on October 2, 
2013 [Docket No. PHMSA-2013-0158 (HM-244F); 78 FR 60745; effective 
October 1, 2013] intending to correct the formula presented in 
paragraph (c)(1) for the figure ``SS2'' to read ``SS\2\.'' 
This correction correctly adjusted the

[[Page 35506]]

standard ``2'' in the term to be a superscript ``\2\'' but 
inadvertently adjusted the second ``S'' from a subscript 
``S'' to a standard ``S.'' This is incorrect, and in this 
final rule, PHMSA is revising this portion of the formula in Sec.  
178.345-3(c)(1) to read ``SS\2\''.

Section 178.955

    Section 178.955 prescribes the design and testing criteria for 
Large Packagings. Presently, if a manufacturer of a Large Packaging 
wishes to construct a Large Packaging that differs from a listed 
specification, there is no Associate Administrator approval provision 
outlined in the HMR. However, the HMR alludes to the need for an 
approval in the Large Packaging marking requirements in Sec.  
178.910(a)(1)(ii). The HMR have approval provisions in Part 178 for 
manufacturers of both non-bulk packagings and IBCs when constructing 
packagings that differ from listed specifications. In this rulemaking, 
we are proposing to include provisions consistent with the non-bulk 
packaging and IBC approval provisions for Large Packagings in Sec.  
178.955. Such Large Packagings must be shown to be equally as 
effective, and the testing methods used must be equivalent. This change 
resolves the issue with Sec.  178.910(a)(1)(ii) and is consistent with 
both the UN Model Regulations and the IMDG Code, which prescribe 
approval provisions for non-bulk packagings, IBCs, and Large 
Packagings.

Part 179

Section 179.13

    Section 179.13 includes limitations on rail tank car capacity and 
gross weight. With certain exceptions, this section generally limits 
the gross weight on rail of tank cars to 263,000 pounds. However, this 
section has been revised numerous times over the last several years. On 
January 13, 2009 [74 FR 1770], PHMSA added paragraph (b) to this 
section authorizing tank cars designed to transport poisonous-by-
inhalation (PIH) materials and built with certain mandated safety 
improvements (tank cars meeting the specifications of Sec.  
173.244(a)(2) or (3) or Sec.  173.314(c) or (d)) to have a gross weight 
on rail of up to 286,000 pounds provided any weight increase was not 
used to increase product capacity. Subsequently, in an effort to 
incorporate several widely used special permits providing relief from 
the gross weight limitations of Sec.  179.13, PHMSA revised the section 
on May 14, 2010 [75 FR 27205], to provide FRA with the authority to 
approve the operation of tank cars containing materials other than PIH 
materials at gross weights of up to 286,000 pounds. FRA published 
notice of its approvals under this section on January 25, 2011 [76 FR 
4250].
    In 2011 [76 FR 51324; 51331], noting that the agency's stated 
intent in the 2010 rule was to incorporate into the HMR existing 
special permits related to tank car gross weight for tank cars carrying 
both non-PIH materials and PIH materials by giving FRA authority to 
approve tank car weights up to 286,000 pounds for both types of tank 
cars, PHMSA proposed to revise Sec.  179.13 to correct the omission of 
PIH material tank cars from FRA's approval authority. However, when 
adopted as a final rule on June 25, 2012 [(HM-216B); 77 FR 37962; 
37985], the regulatory language did not correct this inadvertent 
omission. Instead, in the final HM-216B rule, Sec.  179.13 was revised 
to provide that tank cars designed to transport PIH materials and built 
with the required safety improvements set forth in Sec.  173.244(a)(2) 
or (3) or Sec.  173.314(c) or (d)) ``may have a gross weight on rail of 
up to 286,000 pounds upon approval by the Associate Administrator for 
Railroad Safety, FRA.''
    As clearly demonstrated by the 2009 and 2010 rules, it was not the 
intent of either PHMSA or FRA to require FRA approval of tank cars 
built to the enhanced standards of Sec. Sec.  173.244(a)(2) or (3) or 
173.314(c) or (d) for those cars to operate at a gross rail load of 
286,000 pounds. Accordingly, in this final rule PHMSA is revising Sec.  
179.13 to correct this error by (1) making it clear that tank cars 
containing PIH materials built to the enhanced standards of Sec.  
173.244(a)(2) or (3) or Sec.  173.314(c) or (d) do not need FRA 
approval to operate at gross rail loads of up to 286,000 pounds and (2) 
providing for FRA approval of tank cars containing PIH materials that 
do not meet the enhanced standards to operate at gross rail loads of up 
to 286,000 pounds. PHMSA received one comment from The Chlorine 
Institute in support of this revision.

Part 180

Section 180.209

    Section 180.209 prescribes requalification requirements for DOT 
specification cylinders. Paragraph (j) contains a reference to an 
obsolete special provision. In a January 7, 2013 final rule [Docket No. 
PHMSA-2009-0126 (HM-215K); 78 FR 1101], we removed and relocated 
regulatory text from Sec.  172.102(c)(1) Special Provision 18 to Sec.  
173.309(a), which prescribes the conditions when specification 
cylinders may be described, offered, and transported in commerce as 
fire extinguishers. In relocating the text, PHMSA did not update this 
section to reflect the change. In this final rule, we are correcting 
this inconsistency by replacing the reference to Sec.  172.102(c)(1) 
Special Provision 18 with Sec.  173.309(a).

V. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    The Federal Hazardous Materials Transportation Law (49 U.S.C. 5101-
5128) authorizes the Secretary of Transportation (Secretary) to 
``prescribe regulations for the safe transportation, including 
security, of hazardous material in intrastate, interstate, and foreign 
commerce.'' The Secretary delegated this authority to PHMSA in 49 CFR 
1.97(b). If adopted as proposed, this final rule would make 
miscellaneous amendments to the HMR, correct errors in the Sec.  
172.101 HMT and corresponding special provisions, and respond to NTSB 
Safety Recommendations related to the safe transportation of manifolded 
acetylene cylinders.
    Additionally, this final rule will respond to petitions for 
rulemaking related to the allowable format for emergency telephone 
numbers on shipping papers; relax the pressure test interval for 
certain cargo tanks in dedicated propane service; enhance the safe 
packaging for nitric acid; clarify the testing requirements for 
specification cargo tank pressure relief devices; harmonize the hazard 
communication requirements for poisonous-by-inhalation materials 
transported by vessel; and eliminate a potentially confusing packing 
group designation for certain organic peroxides, self-reactive 
materials, and explosives. 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 
within the meaning of Executive Order 12866 (``Regulatory Planning and 
Review'') and the Regulatory Policies and Procedures of the Department 
of Transportation [44 FR 11034].
    In this final rule, we amend miscellaneous provisions in the HMR 
for clarification and relaxation of overly burdensome requirements, 
with the intent of, thereby, increasing voluntary compliance while 
reducing compliance

[[Page 35507]]

costs. As a result, PHMSA anticipates the amendments contained in this 
rule will have economic benefits to the regulated community. Executive 
Order 13563 (``Improving Regulation and Regulatory Review'') 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, PHMSA is addressing issues 
and errors that were identified for future rulemaking both through 
letters of interpretation and other correspondence with PHMSA 
stakeholders who brought editorial errors in the HMR to our attention. 
In addition, PHMSA has responded to seven petitions for rulemaking and 
two NTSB Safety Recommendations. PHMSA asked for public comments based 
on the proposals in this 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. In this final rule, 
PHMSA is revising 49 CFR part 175, in a collaborative effort with the 
Federal Aviation Administration (FAA), to: clarify the applicability of 
the HMR to certain aircraft operators, clarify exceptions for 
passengers and crewmembers, correct inaccurate references to title 14 
of the CFR, and make minor editorial corrections applicable to air 
operations to improve overall clarity. There are minimal additional 
costs associated with these proposals; however, increased 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. These efforts include:
     Harmonizing hazard communication for poisonous-by-
inhalation materials with the IMDG Code and TDG regulations;
     Removing the packing group II designation for certain 
organic peroxides, self-reactive substances, and explosives to be 
consistent with the UN Recommendations, IMDG Code, and ICAO TI, thus 
facilitating international transport;
     Harmonizing entries in the HMT with the above listed 
international standards;
     Revising the passenger exceptions applicable to small 
cartridges containing Division 2.2 gas with the ICAO TI;
     Harmonizing the excepted quantities requirements to mirror 
language employed in the ICAO TI as they apply to articles.
    These revisions to the Sec.  172.101 HMT will eliminate errors, 
reduce ambiguity, harmonize the HMR with international regulations, and 
improve clarity. 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 permits flexibility in achieving compliance when 
transporting damaged wet electric storage batteries; extends the 
requalification interval for certain MC 331 cargo tanks in dedicated 
propane service from five years to ten years for a pressure test and 
internal visual inspection, therefore, fostering greater regulatory 
flexibility without compromising transportation safety; clarifies the 
regulations to provide flexibility in the ability to use the ``NOT-
ODORIZED'' or ``NON-ODORIZED'' marking on cargo tanks, cylinders, and 
portable tanks containing odorized or unodorized LPG. Additionally, by 
allowing 100 pounds of black or smokeless powder for small arms 
reclassed as Division 4.1 in each transport vehicle, instead of each 
motor vehicle, the regulated community can reduce the number of motor 
vehicles needed to transport these goods.
    Where PHMSA identified potential costs to stakeholders, specific 
comment was requested to clarify such costs. We requested and responded 
to specific comments on potential cost impacts of the proposals in 
Sec.  172.604.
    A majority of the amendments in this rulemaking are simple 
clarifications and do not require significant scientific or 
technological information. However, when necessary in this final rule, 
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 
testing of pressure relief devices for cargo tank motor vehicles, as 
well as with issues regarding the extension of the pressure test and 
internal visual inspection test interval from five to ten years for 
certain MC 331 cargo tanks in dedicated propane delivery service. 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 has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
final rule would preempt State, local, and Indian tribe requirements 
but does not propose any regulation that has substantial direct effects 
on the states, the relationship between the national government and the 
states, or the distribution of power and responsibilities among the 
various levels of government. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.
    The Federal Hazardous Material Transportation Law, 49 U.S.C. 
5125(b)(1), contains an express preemption provision (49 U.S.C. 
5125(b)) preempting State, local, and Indian tribe requirements on 
certain covered subjects. Covered subjects are as follows:
    (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;
    (v) The design, manufacture, fabrication, marking, maintenance, 
reconditioning, repair, or testing of a packaging or container which is 
represented, marked, certified, or sold as qualified for use in the 
transport of hazardous materials.
    This final rule concerns the classification, packaging, and 
handling of hazardous materials, among other covered subjects. If 
adopted, this rule would preempt any State, local, or Indian tribe 
requirements concerning

[[Page 35508]]

these subjects unless the non-Federal requirements are ``substantively 
the same'' (See 49 CFR 107.202(d) the Federal requirements.)
    The 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. 
The effective date of Federal preemption will be 90 days from 
publication of a final rule on 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. In 
addition, the Regulatory Flexibility Act directs agencies to establish 
exceptions and differing compliance standards for small businesses, 
where it is possible to do so while still meeting the objectives of 
applicable regulatory statutes. However, in the case of hazardous 
materials transportation, it is not possible to establish exceptions or 
differing standards and still accomplish our safety objectives.
    As this final rule would clarify provisions based on PHMSA's 
initiatives and correspondence with the regulated community, the impact 
that it will have on small entities is not expected to be significant. 
The changes are generally intended to provide relief and, as a result, 
marginal positive economic benefits to shippers, carriers, and 
packaging manufactures and testers, including small entities. These 
benefits are not at a level that can be considered economically 
significant. Consequently, 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

    PHMSA currently has an approved information collection under Office 
of Management and Budget (OMB) Control Number 2137-0557, entitled 
``Approvals for Hazardous Materials.'' This final rule does not make 
any changes that would affect the burden for this or any other 
information collection.
    Prior to the publication of a final rule entitled ``Hazardous 
Materials: Revisions to Fireworks Regulation'' published in the Federal 
Register on July 6, 2013 [Docket No. PHMSA-2010-0320 (HM-257); 78 FR 
42457], the HMR contained a requirement that all certification agencies 
provide a statement confirming that it would perform its functions 
independent of the owners and manufacturers of the packagings in its 
field. The burden for this requirement was accounted for under OMB 
Control Number 2137-0557. However, the HM-257 final rule inadvertently 
removed this language from the HMR. Therefore, in this final rule, 
PHMSA is reinserting the language for certification agencies to confirm 
that they are independent and not owned by a company in its field. For 
ease of the reader, this language is to be inserted as follows:
     PHMSA is revising Sec.  107.402(f) to require that a 
portable tank and MEGC certification agency submit a statement 
indicating that the agency is independent of and not owned by a 
portable tank or MEGC manufacturer, owner, or distributor as part of 
the Portable tank and MECG Certification Agency application.
     PHMSA is revising Sec.  107.402(e) to require that a 
lighter certification agency submit a statement that the agency is 
independent of and not owned by a lighter manufacturer, distributor, 
import or export company, or proprietorship as part of the Lighter 
Certification Agency application.
     PHMSA is revising Sec.  107.807 to require that a person 
who seeks to manufacture DOT specification cylinders and special permit 
cylinders, or perform chemical analysis and tests of those cylinders 
outside the United States submits a statement, as part of the 
application, indicating that the inspection agency is independent of 
and not owned by a cylinder manufacturer, owner, or distributor.

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 it is the least burdensome 
alternative that achieves the objective of the rule.

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 
4321-4375, requires that Federal agencies analyze proposed actions to 
determine whether the action will have a significant impact on the 
human environment. In accordance with the Council on Environmental 
Quality (CEQ) regulations (40 CFR parts 1500-1508), which implement 
NEPA, an agency may prepare an Environmental Assessment (EA) when it 
does not anticipate that the final action will have significant 
environmental effects. They must consider the following: (1) The need 
for the proposed action, (2) alternatives to the proposed action, (3) 
probable environmental impacts of the proposed action and alternatives, 
and (4) the agencies and persons consulted during the consideration 
process (40 CFR 1508.9(b)).
1. Purpose and Need
    The purpose of this final rule is to amend the Hazardous Materials 
Regulations (HMR; 49 CFR parts 171-180) by making miscellaneous 
revisions to update and clarify certain regulatory requirements, to 
respond to seven petitions for rulemaking submitted to PHMSA by various 
stakeholders, and to address two NTSB recommendations. These 
amendments, which were identified through an internal review of the HMR 
as well as in response to communications with various stakeholders, are 
intended to promote safety, regulatory relief, and clarity. This action 
is necessary in order to: (1) Fulfill

[[Page 35509]]

our statutory directive to promote transportation safety; (2) fulfill 
our statutory directive under the Administrative Procedure Act (APA) 
that requires Federal agencies to give interested persons the right to 
petition an agency to issue, amend, or repeal a rule (5 U.S.C. 553(e)); 
(3) support governmental efforts to provide regulatory relief to the 
regulated community; (4) address safety concerns raised by the NTSB and 
remove regulatory ambiguity identified by the regulated community; and 
(5) simplify and clarify the regulations in order to promote 
understanding and compliance.
    The intended effect of this action is to enhance the safe 
transportation of hazardous materials and, in conjunction, clarify, 
simplify, and relax certain regulatory requirements for carriers, 
shippers, and other stakeholders. These regulatory revisions will offer 
more efficient and effective ways of achieving safe and secure 
transportation of hazardous materials in commerce.
2. Alternatives
    The alternatives considered in this Environmental Assessment 
include the following:
Alternative 1: No Action
    Alternative 1 would not result in any rulemakings on this subject, 
leaving the current regulatory standards to remain in effect. As a 
result, this option would not address outstanding petitions for 
rulemaking or NTSB Safety Recommendations. While this alternative would 
not impose any new costs or change any environmental impacts, neither 
would it account for the outstanding petitions for rulemaking, NTSB 
Safety Recommendations, and regulatory concerns reviewed by PHMSA; 
thus, we have rejected the no action alternative.
Alternative 2: Go Forward With the Proposed Amendments to the HMR in 
This NPRM
    Alternative 2 revises the HMR as proposed in the NPRM and, 
accounting for public comment, applies to transportation of hazardous 
materials by various modes (highway, rail, vessel and aircraft). The 
amendments encompassed in this alternative are more fully addressed in 
the preamble and regulatory text sections. However, they generally 
include the following changes to the HMR, grouped below for ease of 
discussion:
    Incorporation by Reference and Use of International Standards:
     Remove the entry for CGA Publication C-1.1 in Table 1 to 
Sec.  171.7.
     Incorporate by reference in Sec.  171.7 CGA Publication G-
1.6, Standard for Mobile Acetylene Trailer Systems, Seventh Edition 
(responds to petition P-1605 and two NTSB Safety Recommendations, H-09-
01 and H-09-02).
     Amend Sec.  171.7(k) to include Sec. Sec.  179.24 and 
180.503.
     Amend the marking requirements for poisonous-by-inhalation 
shipments transported in accordance with the IMDG Code or TDG 
Regulations (responds to petition for rulemaking P-1591).
    Sec.  172.101 Hazardous Materials Table and Sec.  172.102 Special 
Provisions:
     Remove the Packing Group (PG) II designation for certain 
organic peroxides, self-reactive substances and explosives (responds to 
petition for rulemaking P-1590).
     Revise the Sec.  172.101 table to add Special Provision 
B120 to Column 7 for the entry ``Calcium nitrate, UN1454.''
     Revise the entry for ``Propellant, solid, UN0501'' to 
remove vessel stowage provision 24E from Column (10B) of the HMT.
     Revise the PG II HMT entry for ``Corrosive liquids, 
flammable, n.o.s., UN2920,'' to harmonize the HMR with the UN Model 
Regulations, IMDG Code, and the ICAO TI by adding a reference to Sec.  
173.154 to Column (8A) of the HMT.
     Revise the entry for ``Oxidizing solid, corrosive, n.o.s., 
UN3085, PG II'' to harmonize the HMR with the UN Model Regulations, the 
IMDG Code, and the ICAO TI by adding a reference to Sec.  173.152 to 
Column (8A) of the HMT.
     Revise the HMT entries for ``Trinitrophenol (picric acid), 
wetted, with not less than 10 percent water by mass, UN3364'' and 
``Trinitrophenol, wetted with not less than 30 percent water, by mass, 
UN1344'' to harmonize the HMR with the UN Model Regulations, IMDG Code, 
and the ICAO TI to clarify that the 500 gram limit per package does not 
apply to UN1344 but does apply to UN3364.
     Revise Special Provision 136, for Dangerous goods in 
machinery or apparatus, in Sec.  172.102 to include reference to 
Subpart G of Part 173.
     Remove the reference to obsolete Special Provision 18 in 
the HMT entry ``Fire extinguishers, UN1044,'' and in Sec.  180.209(j).
    Hazard Communication (Marking, Labeling, Placarding, Emergency 
Response):
     Correct a reference in Sec.  172.201 to exceptions for the 
requirement to provide an emergency response telephone number on a 
shipping paper.
     Revise Sec. Sec.  172.301(f), 172.326(d), and 172.328(e) 
to include the clarification that the ``NOT-ODORIZED'' or ``NON-
ODORIZED'' marking may appear on packagings used for both unodorized 
and odorized LPG, and remove the effective date of October 1, 2006, if 
it appears these paragraphs, as the effective date has passed.
     Amend Sec.  172.406(d) by expressly authorizing the use of 
labels described in subpart E with a dotted or solid line outer border 
on a surface background of contrasting color.
     Amend the address in Sec.  172.407(d)(4)(ii) to read 
Standards and Rulemaking Division, Pipeline and Hazardous Materials 
Safety Administration, U.S. Department of Transportation, 2nd Floor, 
East Building, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Clarify the marking size requirements for an IBC that is 
labeled instead of placarded by replacing the bulk package marking 
reference in Sec.  172.514(c) with the non-bulk marking reference, 
Sec.  172.301(a)(1).
     Require that emergency response telephone numbers be 
displayed on shipping papers numerically (responds to petition for 
rulemaking P-1597).
    Shipper Requirements:
     Revise Sec.  173.4a(a) to clarify that articles (including 
aerosols) are not eligible for excepted quantity reclassification under 
Sec.  173.4a, although some are eligible to be shipped as small 
quantities by highway and rail in Sec.  173.4.
     Clarify that the requirements provided in paragraph Sec.  
173.24a(c)(1)(iv) do not apply to limited quantities packaged in 
accordance with Sec.  173.27(f)(2).
     Clarify the quantity limits for mixed contents packages 
prepared in accordance with Sec.  173.27(f)(2).
     Clarify the requirements applicable to bulk transportation 
of combustible liquids by adding Sec.  173.150(f)(3)(xi) stating that 
the registration requirements in subpart G of part 107 is applicable 
and revising Sec.  173.150(f)(3)(ix) and (x) for punctuation applicable 
to a listing of requirements.
     Require that certain shipments of nitric acid utilizing 
glass inner packagings be contained in intermediate packaging (responds 
to petition for rulemaking P-1601).
     Add a new paragraph (k) in Sec.  173.159 to address the 
need for provisions that allow shippers to prepare for transport and 
offer into transportation damaged wet electric storage batteries.
     Revise Sec.  173.166(e)(6) to add the words ``or cargo 
vessel.''

[[Page 35510]]

     Revise Sec. Sec.  173.170 and 173.171 by changing the term 
``motor vehicle'' to ``transport vehicle'' to allow for motor vehicles 
comprised of more than one cargo-carrying body to carry 100 pounds of 
black or smokeless powder reclassed as Division 4.1 in each cargo-
carrying body instead of 100 pounds total in the motor vehicle.
     Revise the provisions in Sec.  173.199(a)(4) by removing 
the reference to the steel rod impact test in Sec.  178.609(h).
     Amend the bulk packaging section reference in Column (8C) 
of the HMT from Sec.  173.240 to Sec.  173.216 for the entries NA2212, 
UN2212, and UN2590. In addition, we are proposing to revise paragraph 
(c)(1) in Sec.  173.216 by authorizing the use of bulk packages 
prescribed in Sec.  173.240.
     Amend Sec.  173.306(k) to clarify that aerosols shipped 
for recycling or disposal by motor vehicle containing a limited 
quantity are afforded the applicable exceptions provided for ORM-D 
materials granted under Sec. Sec.  173.306(i) and 173.156(b).
    Modal Requirements (Air, Vessel, and Highway):
     Create a new paragraph (d) in Sec.  175.1, stating that 
this subchapter does not apply to dedicated air ambulance, 
firefighting, or search and rescue operations.
     Correct Sec.  175.8 by adding the appropriate 14 CFR part 
125 citations.
     Clarify exceptions for passengers, crewmembers, and air 
operators in paragraphs (a)(18), (22), and (24) of Sec.  175.10.
     Clarify Sec.  175.75(e)(2) by replacing the word 
``located'' with ``certificated.''
     Clarify Sec.  176.30(a)(4) by replacing the word 
``packaging'' with ``package.''
     Clarify that the loading restrictions in Sec.  
177.835(c)(1) through (4) area applicable to Sec.  177.848(e).
    Packaging design and requalification:
     Clarify Sec.  178.337-17(a) to eliminate confusion of the 
name plate and specification plate requirements.
     Correct an inadvertent editorial error in the formula in 
Sec.  178.345-3(c)(1).
     Include provisions consistent with the non-bulk packaging 
and IBC approval provisions for Large Packagings in Sec.  178.955.
     Extend the pressure test and internal visual inspection 
test interval to ten years for certain MC 331 cargo tanks in dedicated 
propane delivery service (responds to petition for rulemaking P-1604).
     Clarify the requirements applicable to the testing of 
pressure relief devices for cargo tank motor vehicles (responds to 
petition for rulemaking P-1609).
1. Probable Environmental Impacts of the Alternatives
    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. Under the HMR, hazardous 
materials are transported by aircraft, vessel, rail, and highway. The 
potential for environmental damage or contamination exists when 
packages of hazardous materials are involved in accidents or en route 
incidents resulting from cargo shifts, valve failures, package 
failures, loading, unloading, collisions, handling problems, or 
deliberate sabotage. The release of hazardous materials can cause the 
loss of ecological resources (e.g. wildlife habitats) and the 
contamination of air, aquatic environments, and soil.
    When developing potential regulatory requirements, PHMSA evaluates 
those requirements to consider the environmental impact of each 
amendment. Specifically, PHMSA evaluates the following: The risk of 
release of hazmat and resulting environmental impact; the risk to human 
safety, including any risk to first responders; the longevity of the 
packaging; and the circumstances in which the regulations would be 
carried out (i.e., the defined geographic area, the resources, any 
sensitive areas) and how they could thus be impacted.
    PHMSA has determined that most of the regulatory changes proposed 
in this rulemaking are editorial in nature. 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. General 
possible environmental benefits, and detriments, are discussed below.
Alternative 1
    The no-action alternative would result in no changes. The current 
regulations would remain in place, and no new provisions would be 
added. However, this option would not address outstanding petitions for 
rulemaking, NTSB Safety Recommendations or consider amendments based on 
PHMSA's own initiatives intended to update, clarify, or provide relief 
from certain existing regulatory requirements. Foregone efficiencies in 
the Alternative 1 also include freeing up limited resources to 
concentrate on hazardous materials transportation issues of potentially 
much greater environmental impact.
    Not adopting the proposed environmental and safety requirements in 
the final rule under the Alternative 1 would result in a lost 
opportunity for reducing environmental and safety-related incidents.
    In addition, greenhouse gas emissions would remain the same under 
the Alternative 1.
Alternative 2
    If PHMSA selects the provisions as amended in this final rule, we 
believe that safety and environmental risks would be reduced and that 
protections to human health and environmental resources would be 
increased.
    Alternative 2 will enhance environmental protection through more 
targeted and effective training. This set of amendments will eliminate 
inconsistent hazardous materials regulations, which hamper compliance 
training efforts. By maintaining consistency between these 
international regulations and the HMR, shippers and carriers are able 
to train their hazardous materials employees in a single set of 
requirements for classification, packaging, hazard communication, 
handling, and stowage, thereby minimizing the possibility of improperly 
preparing and transporting a shipment of hazardous materials because of 
differences between domestic and international regulations.
    In addition, Alternative 2 will create more streamlined hazardous 
regulations, resulting in compliance training efforts which facilitate 
the regulated community's ability to comply with the HMR. Potential 
environmental impacts of each group of amendments in Alternative 2 
(selected for this final rule) are discussed individually below:
    Incorporation by Reference and Use of International Standards:
    PHMSA believes that this set of amendments, which will increase 
standardization and consistency of regulations, will result in greater 
protection of human health and the environment. Consistency between 
U.S. and international regulations enhances the safety and 
environmental protection of international hazardous materials 
transportation through better understanding of the regulations, an 
increased level of industry compliance, the smooth flow of hazardous 
materials from origin to destination, and consistent emergency response 
in the event of a hazardous materials incident. Incorporation of the 
CGA Publication G-1.6, Standard for Mobile Acetylene Trailer Systems, 
will mitigate acetylene release and enhance environmental protection 
during overturn incidents and unloading.

[[Page 35511]]

    Current greenhouse gas emissions would be unaffected under this 
proposed set of amendments.
    Sec.  172.101 Hazardous Materials Table and Sec.  172.102 Special 
Provisions:
    PHMSA believes that this set of amendments, which will increase 
standardization and consistency of regulations, will result in greater 
protection of human health and the environment. As previously stated, 
consistency between U.S. and international regulations enhances the 
safety and environmental protection of international hazardous 
materials transportation through better understanding of the 
regulations, an increased level of industry compliance, the smooth flow 
of hazardous materials from their points of origin to their points of 
destination, and consistent emergency response in the event of a 
hazardous materials incident. New and revised entries to the HMT 
reflect emerging technologies and the need to better describe or 
differentiate between existing entries. These changes mirror those in 
the Dangerous Goods list of The 18th Revised Edition of the UN Model 
Regulations, the 2013-2014 ICAO TI and the 37-14 amendments to the IMDG 
Code. It is extremely important for the domestic HMR to mirror the UN 
Model Regulations, the ICAO TI, and the IMDG Code with respect to the 
entries in the HMT to ensure consistent naming conventions across modes 
and international borders.
    The packing group assignment reflects a degree of danger associated 
with a particular material and identifies appropriate packaging. 
However, assignment of a packing group is not appropriate in all cases 
(e.g. explosives, gases, radioactive material). In such cases the 
packing group does not indicate a degree of danger, and the packaging 
requirements for those materials are specified in the appropriate 
section in part 173. The change to eliminate a packing group 
designation for materials classified as explosives and organic 
peroxides specifically listed in the HMT provides a level of 
consistency, without diminishing environmental protection and safety.
    Current greenhouse gas emissions would be unaffected under this set 
of amendments.
    Hazard Communication (Marking, Labeling, Placarding, Emergency 
Response):
    PHMSA believes that this set of amendments, which will provide for 
enhanced hazard communication (hazcom), will result in greater 
protection of human health and the environment. The proposed changes 
communicate the nature of various specialized packaging configurations 
to package handlers and emergency responders. The amendments would 
ensure that hazard markings are visible, universally recognizable, and 
that they contain all information needed by emergency responders, thus 
resulting in fewer incidents with impacts to the environment and 
safety.
    Similar to the above sets of amendments, PHMSA believes consistency 
between U.S. and international regulations enhances the safety and 
environmental protection of international hazardous materials 
transportation through better understanding of the regulations, an 
increased level of industry compliance, the smooth flow of hazardous 
materials from their points of origin to their points of destination, 
and consistent emergency response in the event of a hazardous materials 
incident.
    Current greenhouse gas emissions would be unaffected under this 
proposed set of amendments.
    Shipper Requirements:
    PHMSA believes that this amendment, which will revise, clarify and 
enhance current regulations, will result in greater protection of human 
health and the environment. Shippers and transporters of hazardous 
materials will more easily be able to comply with the HMR through 
regulations that are easier to understand and more streamlined.
    Specific to this set of amendments, improving the packaging 
requirements applicable to glass packages of nitric acid reduces the 
occurrences of fires caused by broken inner containers and enhances 
human health and environmental protection. PHMSA believes that the 
additional intermediate packaging required by this particular amendment 
will add another layer of protection in preventing breakage, leakage, 
and fires. Additionally, this particular amendment creates a more 
streamlined and efficient HMR through incorporation of a petition for 
rulemaking (P-1601), whic allows both regulators and the regulated 
community to target limited resources at the most pressing hazmat 
compliance issues.
    Current greenhouse gas emissions would be unaffected under this 
proposed set of amendments.
    Modal Requirements (Air, Vessel, and Highway):
    PHMSA believes that this amendment, which will revise, clarify, and 
enhance current regulations, will result in greater protection of human 
health and the environment. Air, vessel, and highway shippers and 
transporters of hazardous materials will more easily be able to comply 
with the HMR through regulations that are easier to understand and more 
streamlined. Additionally, the revisions include emphasis being placed 
in areas requiring more attention.
    Current greenhouse gas emissions would be unaffected under this 
proposed set of amendments.
    Packaging Design and Requalification:
    PHMSA believes that this amendment, which will revise, clarify, and 
enhance current regulations, will result in greater protection of human 
health and the environment. Shippers and transporters of hazardous 
materials will more easily be able to comply with the HMR through 
regulations which are easier to understand and more streamlined. 
Additionally, the revisions include emphasis being placed in areas 
requiring more attention.
    Specific to this set of amendments, decreasing the required 
frequency for pressure testing and visual inspection of certain cargo 
tanks in dedicated propane service by extending the requalification 
period from five years to ten years will ease the burden on regulators 
and the regulated community. This test, which requires significant 
equipment down-time and man-hours to perform, has been shown to achieve 
no additional safety or environmental protection when performed at a 
five- versus a ten-year interval. In addition, pressure testing 
requires a significant amount of water usage. Decreasing the testing 
frequency by half will result in significant volumes of water being 
conserved. Additionally, this particular amendment creates a more 
streamlined and efficient HMR through incorporation of a petition for 
rulemaking (P-1609). A more streamlined and efficient HMR allows both 
regulators and the regulated community to target limited resources at 
the most pressing hazmat compliance issues.
    Current greenhouse gas emissions would be unaffected under these 
amendments.
1. 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 NPRM. In 
addition, PHMSA specifically coordinated with the following Federal 
agencies and modal partners:

 Department of Justice

[[Page 35512]]

 Environmental Protection Agency
 Health and Human Services
 Occupational Safety and Health Administration
 Federal Aviation Administration
 Federal Motor Carrier Safety Administration
 Federal Railroad Administration
 United States Coast Guard
2. Conclusion
    PHMSA is adopting miscellaneous amendments to the HMR based on 
comments from the regulated community, NTSB recommendations, 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, diminish levels of hazardous materials 
transportation incidents affecting the health and safety of the 
environment. Therefore, the net environmental impact of this proposal 
will be positive.

J. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. The DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov. The electronic form of 
these written communications and comments can be searched by the name 
of the individual submitting the document (or signing the document, if 
submitted on behalf of an association, business, labor union, etc.). 
The DOT's complete Privacy Act Statement is available at http://www.dot.gov/privacy.

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, establishing standards is 
not considered an unnecessary obstacle 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. This 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 107

    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, 
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 175

    Air carriers, Hazardous materials transportation, Radioactive 
materials, Reporting and recordkeeping requirements.

49 CFR Part 176

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

49 CFR Part 177

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

49 CFR Part 178

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

49 CFR Part 179

    Hazardous materials transportation, Incorporation by reference, 
Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 180

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

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

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
1. The authority citation for part 107 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 
4 (28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L. 
104-134 section 31001; Pub. L. 112-141 section 33006; 49 CFR 1.81 
and 1.97.


0
2. In Sec.  107.402, revise paragraphs (d)(1)(i), (e), and (f) to read 
as follows:


Sec.  107.402  Application for designation as a certification agency.

* * * * *
    (d) * * *
    (1) * * *
    (i) Be a U.S. resident, or for a non-U.S. resident, have a 
designated U.S. agent representative as specified in Sec.  105.40 of 
this subchapter;
* * * * *
    (e) Lighter certification agency. Prior to examining and testing 
lighters (UN1057) for certification of compliance with the requirements 
of Sec.  173.308 of this chapter a person must submit an application 
to, and be approved by, the Associate Administrator to act as a lighter 
certification agency. In addition to paragraph (b) of this section, the 
application must include the following information:
    (1) The name and address of each facility where lighters are 
examined and tested;
    (2) A detailed description of the applicant's qualifications and 
ability to, examine and test lighters and certify that the requirements 
specified by Sec.  173.308 of this chapter have been met; and
    (3) A statement that the agency is independent of and not owned by 
a lighter manufacturer, distributor, import or export company, or 
proprietorship.
    (f) Portable tank and MEGC certification agencies. Prior to 
inspecting portable tanks or multi-element gas containers (MEGCs) for 
certification of compliance with the requirements of Sec. Sec.  178.273 
and 178.74 of this chapter, respectively, a person must submit an 
application to, and be approved by, the Associate Administrator to act 
as a certification agency. In addition to paragraph (b) of

[[Page 35513]]

this section, the application must provide the following information:
    (1) The name and address of each facility where the portable tank 
or MEGC, as applicable, is examined and tested;
    (2) A detailed description of the applicant's qualifications and 
ability to examine and test portable tanks or MEGCs, as applicable, and 
certify that the requirements specified by Sec.  178.273 of this 
chapter for the approval of UN portable tanks, or Sec.  178.74 of this 
chapter for the approval of MEGCs have been met; and
    (3) A statement indicating that the agency is independent of and 
not owned by a portable tank or MEGC manufacturer, owner, or 
distributor.

0
3. In Sec.  107.807, revise paragraph (b)(3) to read as follows:


Sec.  107.807  Approval of non-domestic chemical analyses and tests.

* * * * *
    (b) * * *
    (3) The name of the independent inspection agency to be used to 
certify the analyses and tests and a statement from the agency 
indicating that it is independent of and not owned by a cylinder 
manufacturer, owner, or distributor; and
* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

    Authority:  49 U.S.C. 5101-5128, 44701; Pub. L. 101-410, section 
4 (28 U.S.C. 2461 note); Pub. L. 104-121, sections 212-213; Pub. L. 
104-134, section 31001; 49 CFR 1.81 and 1.97.


0
5. In Sec.  171.7:
0
a. Revise paragraph (k)(1);
0
b. Redesignate paragraphs (n)(13) through (21) as paragraphs (n)(14) 
through (22), respectively, and add new paragraph (n)(13); and
0
c. In Table 1 to 49 CFR 171.7, remove the entry for ``Compressed Gas 
Association, Inc., 4221 Walney Road, 5th Floor, Chantilly, Virginia 
20151'' and the associated entry for document ``CGA C-1.1, Personnel 
Training and Certification Guidelines for Cylinder Requalification By 
the Volumetric Expansion Method, 2004, First Edition''.
    The revision and addition read as follows:


Sec.  171.7  Reference material.

* * * * *
    (k) * * *
    (1) AAR Manual of Standards and Recommended Practices, Section C--
Part III, Specifications for Tank Cars, Specification M-1002, (AAR 
Specifications for Tank Cars), December 2000, Sec. Sec.  173.31; 179.6; 
179.7; 179.15; 179.16; 179.20; 179.22; 179.24; 179.100-9; 179.100-10; 
179.100-12; 179.100-13; 179.100-14; 179.100-18; 179.101-1; 179.102-1; 
179.102-4; 179.102-17; 179.103-5; 179.200-7; 179.200-9; 179.200-10; 
179.200-11; 179.200-13; 179.200-17; 179.200-22; 179.201-6; 179.220-6; 
179.220-7; 179.220-10; 179.220-11; 179.220-14; 179.220-18; 179.220-26; 
179.300-9; 179.300-10; 179.300-15; 179.300-17; 179.400-5; 179.400-6; 
179.400-8; 179.400-11; 179.400-12; 179.400-15; 179.400-18; 179.400-20; 
179.400-25; 180.503; 180.509; 180.513; 180.515; 180.517.
* * * * *
    (n) * * *
    (13) CGA G-1.6-2011, Standard for Mobile Acetylene Trailer Systems, 
Seventh Edition, copyright 2011, into Sec.  173.301.
* * * * *

0
6. In Sec.  171.22, revise paragraph (f)(1) to read as follows:


Sec.  171.22  Authorization and conditions for the use of international 
standards and regulations.

* * * * *
    (f) Complete information and certification. (1) Except for 
shipments into the United States from Canada conforming to Sec.  
171.12, each person importing a hazardous material into the United 
States must provide the shipper, and the forwarding agent at the place 
of entry into the United States, timely and complete written 
information as to the requirements of this subchapter applicable to the 
particular shipment.
* * * * *
0
7. In Sec.  171.23, paragraphs (b)(10)(iv)(A) and (B) are revised to 
read as follows:


Sec.  171.23  Requirements for specific materials and packagings 
transported under the ICAO Technical Instructions, IMDG Code, Transport 
Canada TDG Regulations, or the IAEA Regulations.

* * * * *
    (b) * * *
    (10) * * *
    (iv) * * *
    (A) For a package transported in accordance with the IMDG Code in a 
closed transport vehicle or freight container, a label or placard 
conforming to the IMDG Code specifications for a ``Class 2.3'' or 
``Class 6.1'' label or placard may be substituted for the POISON GAS or 
POISON INHALATION HAZARD label or placard, as appropriate. The 
transport vehicle or freight container must be marked with the 
identification numbers for the hazardous material in the manner 
specified in Sec.  172.313(c) of this subchapter and placarded as 
required by subpart F of part 172 of this subchapter.
    (B) For a package transported in accordance with the Transport 
Canada TDG Regulations in a closed transport vehicle or freight 
container, a label or placard conforming to the TDG Regulations 
specifications for a ``Class 2.3'' or ``Class 6.1'' label or placard 
may be substituted for the POISON GAS or POISON INHALATION HAZARD label 
or placard, as appropriate. The transport vehicle or freight container 
must be marked with the identification numbers for the hazardous 
material in the manner specified in Sec.  172.313(c) of this subchapter 
and placarded as required by subpart F of part 172 of this subchapter. 
While in transportation in the United States, the transport vehicle or 
freight container may also be placarded in accordance with the 
appropriate TDG Regulations in addition to being placarded with the 
POISON GAS or POISON INHALATION HAZARD placards.
* * * * *

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

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

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and 
1.97.


0
9. In Sec.  172.101, the Hazardous Materials Table is amended by 
revising entries under ``[REVISE]'' in the appropriate alphabetical 
sequence to read as follows:


Sec.  172.101  Purpose and use of hazardous materials table.

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

[[Page 35514]]

[GRAPHIC] [TIFF OMITTED] TR02JN16.000


[[Page 35515]]


[GRAPHIC] [TIFF OMITTED] TR02JN16.001


[[Page 35516]]


[GRAPHIC] [TIFF OMITTED] TR02JN16.002


[[Page 35517]]


[GRAPHIC] [TIFF OMITTED] TR02JN16.003


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[GRAPHIC] [TIFF OMITTED] TR02JN16.004


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[GRAPHIC] [TIFF OMITTED] TR02JN16.005


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[GRAPHIC] [TIFF OMITTED] TR02JN16.006


[[Page 35521]]


[GRAPHIC] [TIFF OMITTED] TR02JN16.007


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[GRAPHIC] [TIFF OMITTED] TR02JN16.008


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[GRAPHIC] [TIFF OMITTED] TR02JN16.009


[[Page 35524]]


[GRAPHIC] [TIFF OMITTED] TR02JN16.010


[[Page 35525]]


[GRAPHIC] [TIFF OMITTED] TR02JN16.011


[[Page 35526]]


[GRAPHIC] [TIFF OMITTED] TR02JN16.012


[[Page 35527]]


[GRAPHIC] [TIFF OMITTED] TR02JN16.013


[[Page 35528]]


[GRAPHIC] [TIFF OMITTED] TR02JN16.014


[[Page 35529]]


[GRAPHIC] [TIFF OMITTED] TR02JN16.015


[[Page 35530]]


[GRAPHIC] [TIFF OMITTED] TR02JN16.016


[[Page 35531]]


[GRAPHIC] [TIFF OMITTED] TR02JN16.017


[[Page 35532]]


[GRAPHIC] [TIFF OMITTED] TR02JN16.018


[[Page 35533]]


[GRAPHIC] [TIFF OMITTED] TR02JN16.019


[[Page 35534]]


[GRAPHIC] [TIFF OMITTED] TR02JN16.020


[[Page 35535]]


[GRAPHIC] [TIFF OMITTED] TR02JN16.021


[[Page 35536]]


[GRAPHIC] [TIFF OMITTED] TR02JN16.022


[[Page 35537]]


[GRAPHIC] [TIFF OMITTED] TR02JN16.023


[[Page 35538]]


[GRAPHIC] [TIFF OMITTED] TR02JN16.024


[[Page 35539]]


[GRAPHIC] [TIFF OMITTED] TR02JN16.025


[[Page 35540]]


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

0
10. In Sec.  172.102, in paragraph (c)(1), revise special provision 136 
to read as follows:


Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *
    136 This entry only applies to machinery and apparatus containing 
hazardous materials as an integral element of the machinery or 
apparatus. It may not be used to describe machinery or apparatus for 
which a proper shipping name exists in the Sec.  172.101 Table. Except 
when approved by the Associate Administrator, machinery or apparatus 
may only contain hazardous materials for which exceptions are 
referenced in Column (8) of the Sec.  172.101 Table and are provided in 
part 173, subparts D and G, of this subchapter. Hazardous materials 
shipped under this entry are excepted from the labeling requirements of 
this subchapter unless offered for transportation or transported by 
aircraft and are not subject to the placarding requirements of subpart 
F of this part. Orientation markings as described in Sec.  
172.312(a)(2) are required when liquid hazardous materials may escape 
due to incorrect orientation. The machinery or apparatus, if 
unpackaged, or the packaging in which it is contained shall be marked 
``Dangerous goods in machinery'' or ``Dangerous goods in apparatus,'' 
as appropriate, with the identification number UN3363. For 
transportation by aircraft, machinery or apparatus may not contain any 
material forbidden for transportation by passenger or cargo aircraft. 
The Associate Administrator may except from the requirements of this 
subchapter equipment, machinery and apparatus provided:
    a. It is shown that it does not pose a significant risk in 
transportation;
    b. The quantities of hazardous materials do not exceed those 
specified in Sec.  173.4a of this subchapter; and
    c. The equipment, machinery or apparatus conforms with Sec.  
173.222 of this subchapter.
* * * * *

0
11. In Sec.  172.201, revise paragraph (d) to read as follows:


Sec.  172.201  Preparation and retention of shipping papers.

* * * * *
    (d) Emergency response telephone number. Except as provided in 
Sec.  172.604(d), a shipping paper must contain an emergency response 
telephone number and, if utilizing an emergency response information 
telephone number service provider, identify the person (by name or 
contract number) who has a contractual agreement with the service 
provider, as prescribed in subpart G of this part.
* * * * *

0
12. In Sec.  172.301, revise paragraph (f) to read as follows:


Sec.  172.301  General marking requirements for non-bulk packagings.

* * * * *
    (f) NON-ODORIZED marking on cylinders containing LPG. No person may 
offer for transportation or transport a specification cylinder, except 
a Specification 2P or 2Q container or a Specification 39 cylinder, 
containing unodorized liquefied petroleum gas (LPG) unless it is 
legibly marked NON-ODORIZED or NOT ODORIZED in letters not less than 
6.3 mm (0.25 inches) in height near the marked proper shipping name 
required by paragraph (a) of this section. The NON-ODORIZED or NOT 
ODORIZED marking may appear on a cylinder used for both unodorized and 
odorized LPG.

0
13. In Sec.  172.326, paragraph (d) is revised to read as follows:


Sec.  172.326  Portable tanks.

* * * * *
    (d) NON-ODORIZED marking on portable tanks containing LPG. No 
person may offer for transportation or transport a portable tank 
containing unodorized liquefied petroleum gas (LPG) as authorized in 
Sec.  173.315(b)(1) of this subchapter unless it is legibly marked NON-
ODORIZED or NOT ODORIZED on two opposing sides near the marked proper 
shipping name required by paragraph (a) of this section, or near the 
placards. The NON-ODORIZED or NOT ODORIZED marking may appear on a 
portable tank used for both unodorized and odorized LPG.

0
14. In Sec.  172.328, revise paragraph (e) to read as follows:


Sec.  172.328  Cargo tanks.

* * * * *
    (e) NON-ODORIZED marking on cargo tanks containing LPG. No person 
may offer for transportation or transport a cargo tank containing 
unodorized liquefied petroleum gas (LPG) as authorized in Sec.  
173.315(b)(1) of this subchapter unless it is legibly marked NON-
ODORIZED or NOT ODORIZED on two opposing sides near the marked proper 
shipping name as specified in paragraph (b)(1) of this section, or near 
the placards. The NON-ODORIZED or NOT ODORIZED marking may appear on a 
cargo tank used for both unodorized and odorized LPG.

0
15. In Sec.  172.330, revise paragraph (c) to read as follows:


Sec.  172.330  Tank cars and multi-unit tank car tanks.

* * * * *
    (c) No person may offer for transportation or transport a tank car 
or multi-unit tank car tank containing unodorized liquefied petroleum 
gas (LPG) unless it is legibly marked NON-ODORIZED or NOT ODORIZED on 
two opposing sides near the marked proper shipping name required by 
paragraphs (a)(1) and (2) of this section, or near the placards. The 
NON-ODORIZED or NOT ODORIZED marking may appear on a tank car or multi-
unit tank car tank used for both unodorized and odorized LPG.

0
16. In Sec.  172.406, revise paragraph (d) to read as follows:


Sec.  172.406  Placement of labels.

* * * * *
    (d) Contrast with background. Each label must be printed on or 
affixed to a background color contrasting to the color specification of 
the label as required by Sec.  172.407(d)(1), or must have a dotted or 
solid line outer border, to enhance the visibility of the label. 
However, the dotted or solid line outer border may also be used for 
backgrounds of contrasting color.
* * * * *

0
17. In Sec.  172.407, revise paragraph (d)(4)(ii) to read as follows:


Sec.  172.407  Label specifications.

* * * * *
    (d) * * *
    (4) * * *
    (ii) Color charts conforming to appendix A to this part are on 
display at the Standards and Rulemaking Division, Pipeline and 
Hazardous Materials Safety Administration, U.S. Department of 
Transportation, East Building, 2nd Floor, 1200 New Jersey Avenue SE., 
Washington, DC 20590-0001.
* * * * *

0
18. In Sec.  172.514, paragraph (c)(4) is revised to read as follows:


Sec.  172.514  Bulk Packagings.

* * * * *
    (c) * * *
    (4) An IBC. For an IBC labeled in accordance with subpart E of this 
part, the IBC may display the proper shipping name and UN 
identification number markings in accordance with Sec.  172.301(a)(1) 
in place of the UN number on an orange panel, placard or white square-
on-point configuration as prescribed in Sec.  172.336(d); and
* * * * *

[[Page 35541]]


0
19. In Sec.  172.604, revise paragraph (a) introductory text to read as 
follows:


Sec.  172.604  Emergency response telephone number.

    (a) A person who offers a hazardous material for transportation 
must provide a numeric emergency response telephone number, including 
the area code, for use in an emergency involving the hazardous 
material. For telephone numbers outside the United States, the 
international access code or the ``+'' (plus) sign, country code, and 
city code, as appropriate, that are needed to complete the call must be 
included. The telephone number must be--
* * * * *

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

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

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and 
1.97.


0
21. In Sec.  173.4a, revise paragraph (a) introductory text to read as 
follows:


Sec.  173.4a  Excepted quantities.

    (a) Excepted quantities of materials, other than articles (e.g., 
aerosols), are not subject to requirements of this subchapter except 
for:
* * * * *


0
22. In Sec.  173.24a, paragraph (c)(1)(iv) is revised to read as 
follows:


Sec.  173.24a  Additional general requirements for non-bulk packagings 
and packages.

* * * * *
    (c) * * *
    (1) * * *
    (iv) For transportation by aircraft, the total net quantity does 
not exceed the lowest permitted maximum net quantity per package as 
shown in Column (9a) or (9b), as appropriate, of the Sec.  172.101 
Table of this subchapter. The permitted maximum net quantity must be 
calculated in kilograms if a package contains both a liquid and a 
solid. These requirements do not apply to limited quantity hazardous 
materials packaged in accordance with Sec.  173.27(f)(2).
* * * * *


0
23. In Sec.  173.27, revise the paragraph (f)(2)(i) introductory text 
to read as follows:


Sec.  173.27  General requirements for transportation by aircraft.

* * * * *
    (f) * * *
    (2) * * *
    (i) Unless otherwise specified in this part, or in subpart C of 
part 171 of this subchapter, when a limited quantity of hazardous 
material packaged in a combination packaging is intended for 
transportation aboard an aircraft, the inner and outer packagings must 
conform to the quantity limitations set forth in Table 3 of this 
paragraph (f). Materials and articles must be authorized for 
transportation aboard a passenger-carrying aircraft (see Column (9A) of 
the Sec.  172.101 Hazardous Materials Table of this subchapter). Not 
all unauthorized materials or articles may be indicated in this table. 
For mixed content packages of limited quantity material, the total net 
quantity must not exceed the lowest permitted maximum net quantity (for 
each of the hazard classes or divisions represented in the package) per 
outer package set forth in Table 3 of this paragraph (f). The permitted 
maximum net quantity must be calculated in kilograms for a package that 
contains both a solid and a liquid. Unless otherwise excepted, packages 
must be marked and labeled in accordance with this section and any 
additional requirements in subparts D and E, respectively, of part 172 
of this subchapter. Materials or articles not authorized as limited 
quantity by aircraft are:
* * * * *


0
24. In Sec.  173.150, revise paragraphs (f)(3)(ix) and (x) and add 
paragraph (f)(3)(xi) to read as follows:


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

* * * * *
    (f) * * *
    (3) * * *
    (ix) The training requirements of subpart H of part 172 of this 
subchapter;
    (x) Emergency response information requirements of subpart G of 
part 172; and
    (xi) For bulk packagings only, registration requirements of subpart 
G of part 107 of this subchapter.
* * * * *


0
25. In Sec.  173.158, revise paragraph (e) to read as follows:


Sec.  173.158  Nitric acid.

* * * * *
    (e) Nitric acid of less than 90 percent concentration, when offered 
for transportation or transported by rail, highway, or water may be 
packaged in 4A, 4B, or 4N metal boxes, 4G fiberboard boxes or 4C1, 4C2, 
4D or 4F wooden boxes with inside glass packagings of not over 2.5 L 
(0.66 gallon) capacity each. When placed in wooden or fiberboard outer 
packagings, the glass inner packagings must be packed in tightly-
closed, intermediate packagings, cushioned with an absorbent material. 
The intermediate packaging and absorbent material must be compatible 
with the nitric acid. See Sec.  173.24(e).
* * * * *


0
26. In Sec.  173.159, revise (e)(4) and add paragraph (k) to read as 
follows:


Sec.  173.159  Batteries, wet.

* * * * *
    (e) * * *
    (4) Except for the purpose of consolidating shipments of batteries 
for recycling, the transport vehicle may not carry material shipped by 
any person other than the shipper of the batteries; and
* * * * *
    (k) Damaged wet electric storage batteries. (1) Damaged batteries 
incapable of retaining battery fluid inside the outer casing during 
transportation may be transported by highway or rail provided the 
batteries are transported in non-bulk packaging, meet the requirements 
of paragraph (a) of this section, and are prepared for transport under 
one or more of the following conditions:
    (i) Drain the battery of fluid to eliminate the potential for 
leakage during transportation;
    (ii) Individually pack the battery in a leak proof intermediate 
package with sufficient compatible absorbent material capable of 
absorbing the release of any electrolyte and place the intermediate 
packaging in a leakproof outer packaging that conforms to the general 
packaging requirements of subpart B of this part;
    (iii) Pack the battery in a salvage packaging in accordance with 
the provisions of Sec.  173.3(c); or
    (iv) When packaged with other batteries or materials (e.g., on 
pallets or non-skid rails) and secured to prevent movement during 
transport, pack the battery in leakproof packaging to prevent leakage 
of battery fluid from the packaging under conditions normally incident 
to transportation.
    (2) Shipment of damage batteries in accordance with this paragraph 
is eligible for exception under paragraph (e) of this section.


0
27. In Sec.  173.166, revise the paragraph (e)(6) introductory text to 
read as follows:


Sec.  173.166  Safety devices.

* * * * *
    (e) * * *
    (6) Safety devices removed from a vehicle. When removed from, or 
were intended to be used in, a motor vehicle that was manufactured as 
required for

[[Page 35542]]

use in the United States and offered for domestic transportation by 
highway or cargo vessel to Recycling or Waste Disposal facilities, a 
serviceable safety device classed as Class 9 UN3268 may be offered for 
transportation and transported in the following additional packaging:
* * * * *


0
28. In Sec.  173.170, revise paragraph (b) to read as follows:


Sec.  173.170  Black powder for small arms.

* * * * *
    (b) The total quantity of black powder in one transport vehicle or 
freight container may not exceed 45.4 kg (100 pounds) net mass. No more 
than four freight containers may be on board one cargo vessel;
* * * * *


0
29. In Sec.  173.171, revise paragraph (b)(1) to read as follows:


Sec.  173.171  Smokeless powder for small arms.

* * * * *
    (b) * * *
    (1) One transport vehicle or cargo-only aircraft; or
* * * * *


0
30. In Sec.  173.199, revise paragraph (a)(4) to read as follows:


Sec.  173.199  Category B infectious substances.

    (a) * * *
    (4) The completed package must be designed, constructed, 
maintained, filled, its contents limited, and closed so that under 
conditions normally encountered in transportation, including removal 
from a pallet or overpack for subsequent handling, there will be no 
release of hazardous material into the environment. Package 
effectiveness must not be substantially reduced for minimum and maximum 
temperatures, changes in humidity and pressure, and shocks, loadings 
and vibrations normally encountered during transportation. The 
packaging must be capable of successfully passing the drop test in 
Sec.  178.609(d) of this subchapter at a drop height of at least 1.2 
meters (3.9 feet). Following the drop test, there must be no leakage 
from the primary receptacle, which must remain protected by absorbent 
material, when required, in the secondary packaging. At least one 
surface of the outer packaging must have a minimum dimension of 100 mm 
by 100 mm (3.9 inches).
* * * * *


0
31. In Sec.  173.225, revise the table in paragraph (d)(4) to read as 
follows:


Sec.  173.225  Packaging requirements and other provisions for organic 
peroxides.

* * * * *
    (d) * * *
    (4) * * *

                                                         Maximum Quantity per Packaging/Package
                                                            [For packing methods OP1 to OP8]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                      Packing method
                        Maximum quantity                         ---------------------------------------------------------------------------------------
                                                                     OP1      OP2 \1\      OP3      OP4 \1\      OP5        OP6        OP7        OP8
--------------------------------------------------------------------------------------------------------------------------------------------------------
Solids and combination packagings (liquid and solid) (kg).......        0.5     0.5/10          5       5/25         25         50         50    \2\ 400
Liquids (L).....................................................        0.5  .........          5  .........         30         60         60    \3\ 225
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If two values are given, the first applies to the maximum net mass per inner packaging and the second to the maximum net mass of the complete
  package.
\2\ 60 kg for jerricans/200 kg for boxes and, for solids, 400 kg in combination packagings with outer packagings comprising boxes (4C1, 4C2, 4D, 4F, 4G,
  4H1, and 4H2) and with inner packagings of plastics or fiber with a maximum net mass of 25 kg.
\3\ 60 L for jerricans.

* * * * *
0
32. In Sec.  173.301, revise paragraph (g)(1)(iii) to read as follows:


Sec.  173.301  General requirements for shipment of compressed gases 
and other hazardous materials in cylinders, UN pressure receptacles and 
spherical pressure vessels.

* * * * *
    (g) * * *
    (1) * * *
    (iii) Acetylene as authorized by Sec.  173.303. Mobile acetylene 
trailers must be maintained, operated and transported in accordance 
with CGA G-1.6 (IBR, see Sec.  171.7 of this subchapter).
* * * * *


0
33. In Sec.  173.306, revise paragraph (k)(1) to read as follows:


Sec.  173.306  Limited quantities of compressed gases.

* * * * *
    (k) * * *
    (1) Aerosols conforming to paragraph (a)(3), (a)(5), (b)(1), 
(b)(2), or (b)(3) of this section are excepted from the labeling 
requirements of subpart E of part 172 this subchapter, the 
specification packaging requirements of this subchapter when packaged 
in accordance with this paragraph, the shipping paper requirements of 
subpart C of part 172 of this subchapter (unless the material meets the 
definition of a hazardous substance or hazardous waste), and the 30 kg 
(66 pounds) gross weight limitation, when transported by motor vehicle 
for purposes of recycling or disposal under the following conditions:
    (i) The aerosols must be packaged in a strong outer packaging. The 
strong outer packaging and its contents must not exceed a gross weight 
of 500 kg (1,100 pounds);
    (ii) Each aerosol must be secured with a cap to protect the valve 
stem or the valve stem must be removed;
    (iii) Each completed package must be marked in accordance with 
Sec.  172.315(a); and
    (iv) The packaging must be offered for transportation or 
transported by--
    (A) Private or contract motor carrier; or
    (B) Common carrier in a motor vehicle under exclusive use for such 
service.
* * * * *


0
34. In Sec.  173.314, adding paragraph (h) to read as follows:


Sec.  173.314  Compressed gases in tank cars and multi-unit tank cars.

* * * * *
    (h) Special requirements for liquefied petroleum gas--(1) 
Odorization. All liquefied petroleum gas must be odorized as required 
in this paragraph to indicate positively, by a distinctive odor, the 
presence of gas down to a concentration in air of not over one-fifth 
the lower limit of combustibility; however, odorization is not required 
if it is harmful in the use or further processing of the liquefied 
petroleum gas or if it will serve no useful purpose as a warning agent 
in such use or further processing.
    (i) The lower limits of combustibility of the more commonly used 
liquefied

[[Page 35543]]

petroleum gases are: Propane, 2.15 percent; butane, 1.55 percent. These 
figures represent volumetric percentages of gas-air mixtures in each 
case.
    (ii) The use of 1.0 pound of ethyl mercaptan per 10,000 gallons of 
liquefied petroleum gas is considered sufficient to meet the 
requirements of this paragraph. Use of another odorant is not 
prohibited so long as there is enough to meet the requirements of this 
paragraph (h).
    (2) Odorant fade. In addition to paragraph (h)(1)(i) of this 
section, the offeror must ensure that enough odorant will remain in the 
tank car during the course of transportation. The shipper must have 
procedures in place to:
    (i) Ensure quantitative testing methods are used to measure the 
amount of odorant in the liquefied petroleum gas;
    (ii) Ensure that, when the odorization of liquefied petroleum gas 
is manually injected, the required amount of odorant is added;
    (iii) Ensure that, when odorization of liquefied petroleum gas is 
automatically injected, equipment calibration checks are conducted to 
ensure the required amount of odorant is consistently added;
    (iv) Ensure quality control measures are in place to make sure that 
persons who receive tank cars that have been subjected to any condition 
that could lead to corrosion of the tank car or receive new or recently 
cleaned tank cars are notified of this information and that a person 
filling these packagings implement quality control measures so that 
potential odorant fade is addressed;
    (v) Inspect a tank car for signs of oxidation or corrosion; and
    (vi) Take corrective action needed to ensure enough odorization 
remains in the tank car during the course of transportation, such as 
increasing the amount of odorant added to the liquefied petroleum gas.
* * * * *


0
35. In Sec.  173.315, revise paragraph (b)(1) and add paragraph (b)(2) 
to read as follows:


Sec.  173.315  Compressed gases in cargo tanks and portable tanks.

* * * * *
    (b) * * *
    (1) Odorization. All liquefied petroleum gas must be odorized as 
required in this paragraph to indicate positively, by a distinctive 
odor, the presence of gas down to a concentration in air of not over 
one-fifth the lower limit of combustibility; however, odorization is 
not required if it is harmful in the use or further processing of the 
liquefied petroleum gas or if it will serve no useful purpose as a 
warning agent in such use or further processing.
    (i) The lower limits of combustibility of the more commonly used 
liquefied petroleum gases are: Propane, 2.15 percent; butane, 1.55 
percent. These figures represent volumetric percentages of gas-air 
mixtures in each case.
    (ii) The use of 1.0 pound of ethyl mercaptan per 10,000 gallons of 
liquefied petroleum gas is considered sufficient to meet the 
requirements of this paragraph (b). Use of any other odorant is not 
prohibited so long as there is enough to meet the requirements of this 
paragraph.
    (2) Odorant fade. For cargo tanks or portable tanks being 
transported from a refinery, gas plant or pipeline terminal and in 
addition to paragraph (b)(1)(i) of this section, the offeror must 
ensure that enough odorant will remain in the cargo tank or portable 
tank during the course of transportation. The shipper must have 
procedures in place to:
    (i) Ensure quantitative testing methods are used to measure the 
amount of odorant in the liquefied petroleum gas;
    (ii) Ensure that, when the odorization of liquefied petroleum gas 
is manually injected, the required amount of odorant is being added;
    (iii) Ensure that, when odorization of liquefied petroleum gas is 
automatically injected, equipment calibration checks are conducted to 
ensure the required amount of odorant is consistently added;
    (iv) Ensure that quality control measures are in place to make sure 
that persons who receive cargo tanks or portable tanks that have been 
subjected to any condition that could lead to corrosion of the 
packaging or receive new or recently cleaned cargo tanks or portable 
tanks are notified of this information and that a person filling these 
packagings implement quality control measures to ensure that potential 
odorant fade is addressed;
    (v) Inspect a cargo tank or portable tank for signs of oxidation or 
corrosion; and
    (vi) Take corrective action needed to ensure enough odorant remains 
in the cargo tank or portable tank during the course of transportation, 
such as increasing the amount of odorant added to the liquefied 
petroleum gas.
* * * * *

PART 175--CARRIAGE BY AIR

0
36. The authority citation for part 175 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 44701; 49 CFR 1.81 and 1.97.


0
37. In Sec.  175.1, add paragraph (d) to read as follows:


Sec.  175.1  Purpose, scope and applicability.

* * * * *
    (d) The requirements of this subchapter do not apply to 
transportation of hazardous material in support of dedicated air 
ambulance, firefighting, or search and rescue operations performed in 
compliance with the operator requirements under federal air 
regulations, title 14 of the CFR.


0
38. In Sec.  175.8, revise paragraph (b)(1) to read as follows:


Sec.  175.8  Exceptions for operator equipment and items of 
replacement.

* * * * *
    (b) * * *
    (1) Oxygen, or any hazardous material used for the generation of 
oxygen, for medical use by a passenger, which is furnished by the 
aircraft operator in accordance with 14 CFR 121.574, 125.219, or 
135.91. For the purposes of this paragraph (b)(1), an aircraft operator 
that does not hold a certificate under 14 CFR parts 121, 125, or 135 
may apply this exception in conformance with 14 CFR 121.574, 125.219, 
or 135.91 in the same manner as required for a certificate holder. See 
Sec.  175.501 for additional requirements applicable to the stowage of 
oxygen.
* * * * *


Sec.  175.9  [Amended]

0
39. In Sec.  175.9, remove and reserve paragraph (b)(4).

0
40. In Sec.  175.10, revise paragraphs (a)(6), (23), and (25) to read 
as follows:


Sec.  175.10  Exceptions for passengers, crewmembers, and air 
operators.

    (a) * * *
    (6) Hair curlers (curling irons) containing a hydrocarbon gas such 
as butane, no more than one per person, in carry-on baggage only. The 
safety cover must be securely fitted over the heating element. Gas 
refills for such curlers are not permitted in carry-on or checked 
baggage.
* * * * *
    (23) Non-infectious specimens in preservative solutions transported 
in accordance with Sec.  173.4b(b) of this subchapter.
* * * * *
    (25) Small cartridges fitted into or securely packed with devices 
with no more than four small cartridges of carbon dioxide or other 
suitable gas in Division 2.2, without subsidiary risk

[[Page 35544]]

with the approval of the operator. The water capacity of each cartridge 
must not exceed 50 mL (equivalent to a 28 g cartridge).
* * * * *

0
41. In Sec.  175.75, revise paragraph (e)(2) to read as follows:


Sec.  175.75  Quantity limitations and cargo location.

* * * * *
    (e) * * *
    (2) Packages of hazardous materials transported aboard a cargo 
aircraft, when other means of transportation are impracticable or not 
available, in accordance with procedures approved in writing by the FAA 
Regional Office in the region where the operator is certificated.
* * * * *

PART 176--CARRIAGE BY VESSEL

0
42. The authority citation for part 176 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.


0
43. In Sec.  176.30, revise paragraph (a)(4) to read as follows:


Sec.  176.30  Dangerous cargo manifest.

    (a) * * *
    (4) The number and description of packages (barrels, drums, 
cylinders, boxes, etc.) and gross weight for each type of package;
* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

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

    Authority:  49 U.S.C. 5101-5128; sec. 112 of Pub. L. 103-311, 
108 Stat. 1673, 1676 (1994); sec. 32509 of Pub. L. 112-141, 126 
Stat. 405, 805 (2012); 49 CFR 1.81 and 1.97.


0
45. In Sec.  177.834, revise paragraphs (i)(3) and (4) to read as 
follows:


Sec.  177.834  General requirements.

* * * * *
    (i) * * *
    (3) A qualified person ``attends'' the loading or unloading of a 
cargo tank only if, throughout the process:
    (i) Except for unloading operations subject to Sec. Sec.  
177.837(d) and 177.840(p) and (q), the qualified person is within 7.62 
m (25 feet) of the cargo tank. The qualified person attending the 
unloading of a cargo tank must be alert and have an unobstructed view 
of the cargo tank and delivery hose to the maximum extent practicable 
during the unloading operation; or
    (ii) The qualified person observes all loading or unloading 
operations by means of video cameras and monitors or instrumentation 
and signaling systems such as sensors, alarms, and electronic 
surveillance equipment located at a remote control station, and the 
loading or unloading system is equipped as follows:
    (A) For a video monitoring system used to meet the attendance 
requirement, the camera must be mounted so as to provide an 
unobstructed view of all equipment involved in the loading or unloading 
operations, including all valves, hoses, domes, and pressure relief 
devices;
    (B) For an instrumentation and signaling system used to meet the 
attendance requirement, the system must provide a surveillance 
capability at least equal to that of a human observer;
    (C) Upon loss of video monitoring capability or instrumentation and 
signaling systems, loading or unloading operations must be immediately 
terminated;
    (D) Shut-off valves operable from the remote control station must 
be provided;
    (E) In the event of a remote system failure, a qualified person 
must immediately resume attending the loading or unloading of the cargo 
tank as provided in paragraph (i)(3)(i) of this section;
    (F) A containment area must be provided capable of holding the 
contents of as many cargo tank motor vehicles as might be loaded at any 
single time; and
    (G) A qualified person must personally conduct a visual inspection 
of each cargo tank motor vehicle after it is loaded, prior to 
departure, for any damage that may have occurred during loading; or
    (iii) Hoses used in the loading or unloading operations are 
equipped with cable-connected wedges, plungers, or flapper valves 
located at each end of the hose, able to stop the flow of product from 
both the source and the receiving tank within one second without human 
intervention in the event of a hose rupture, disconnection, or 
separation.
    (A) Prior to each use, each hose must be inspected to ensure that 
it is of sound quality, without defects detectable through visual 
observation; and
    (B) The loading or unloading operations must be physically 
inspected by a qualified person at least once every sixty (60) minutes.
    (4) A person is ``qualified'' if he has been made aware of the 
nature of the hazardous material which is to be loaded or unloaded, has 
been instructed on the procedures to be followed in emergencies, and 
except for persons observing loading or unloading operations by means 
of video cameras and monitors or instrumentation and signaling systems 
such as sensors, alarms, and electronic surveillance equipment located 
at a remote control station and persons inspecting hoses in accordance 
with paragraph (i)(3)(iii) of this section, is authorized to move the 
cargo tank, and has the means to do so.
* * * * *

0
46. In Sec.  177.840, add paragraph (a)(4) to read as follows:


Sec.  177.840  Class 2 (gases) materials.

* * * * *
    (a) * * *
    (4) Cylinders for acetylene. Cylinders containing acetylene and 
manifolded as part of a mobile acetylene trailer system must be 
transported in accordance with Sec.  173.301(g) of this subchapter.
* * * * *

0
47. In Sec.  177.848, revise paragraph (e)(5) to read as follows:


Sec.  177.848  Segregation of hazardous materials.

* * * * *
    (e) * * *
    (5) The note ``A'' in the second column of the table means that, 
notwithstanding the requirements of the letter ``X'', ammonium nitrate 
(UN1942) and ammonium nitrate fertilizer may be loaded or stored with 
Division 1.1 (explosive) or Division 1.5 materials, unless otherwise 
prohibited by Sec.  177.835(c).
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.


0
49. In Sec.  178.337-17, revise paragraph (a) introductory text to read 
as follows:


Sec.  178.337-17  Marking.

    (a) General. Each cargo tank certified after October 1, 2004 must 
have a corrosion-resistant metal name plate (ASME Plate); and each 
cargo tank motor vehicle certified after October 1, 2004 must have a 
specification plate, permanently attached to the cargo tank by brazing, 
welding, or other suitable means on the left side near the front, in a 
place accessible for inspection. If the specification plate is attached 
directly to the cargo tank wall by welding, it must be welded to the 
tank before the cargo tank is postweld heat treated.
* * * * *

[[Page 35545]]


0
50. In Sec.  178.345-3, revise the paragraph (c)(1) introductory text 
and formula to read as follows:


Sec.  178.345-3  Structural integrity.

* * * * *
    (c) * * *
    (1) Normal operating loadings. The following procedure addresses 
stress in the cargo tank shell resulting from normal operating 
loadings. The effective stress (the maximum principal stress at any 
point) must be determined by the following formula:

S = 0.5(Sy + Sx)  [0.25(Sy 
- Sx)\2\ + SS\2\]\0.5\
* * * * *

0
51. In Sec.  178.955, redesignate paragraphs (h) and (i) as paragraphs 
(i) and (j), respectively, and add new paragraph (h) to read as 
follows:


Sec.  178.955  General requirements.

* * * * *
    (h) Approval of equivalent packagings. A Large Packaging differing 
from standards in subpart P of this part, or tested using methods other 
than those specified in this subpart, may be used if approved by the 
Associate Administrator. The Large Packagings and testing methods must 
be shown to have an equivalent level of safety.
* * * * *

PART 179--SPECIFICATIONS FOR TANK CARS

0
52. The authority citation for part 179 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.


0
53. In Sec.  179.13, revise paragraph (b) to read as follows:


Sec.  179.13  Tank car capacity and gross weight limitation.

* * * * *
    (b) Tank cars containing poisonous-by-inhalation material meeting 
the applicable authorized tank car specifications listed in Sec.  
173.244(a)(2) or (3) or Sec.  173.314(c) or (d) of this subchapter may 
have a gross weight on rail of up to 286,000 pounds (129,727 kg). Tank 
cars containing poisonous-by-inhalation material not meeting the 
specifications listed in Sec.  173.244(a)(2) or (3) or Sec.  173.314(c) 
or (d) may be loaded to a gross weight on rail of up to 286,000 pounds 
(129,727 kg) only upon approval of the Associate Administrator for 
Safety, Federal Railroad Administration (FRA). Any increase in weight 
above 263,000 pounds may not be used to increase the quantity of the 
contents of the tank car.

0
54. In Sec.  179.24, revise the paragraph (a)(2) introductory text to 
read as follows:


Sec.  179.24  Stamping.

* * * * *
    (a) * * *
    (2) Each plate must be stamped, embossed, or otherwise marked by an 
equally durable method in letters 3/16 inch high with the following 
information (parenthetical abbreviations may be used, and the AAR form 
reference is to the applicable provisions of the AAR Specifications for 
Tank Cars (IBR, see Sec.  171.7 of this subchapter):
* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

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

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
56. In Sec.  180.209, revise the paragraph (j) introductory text to 
read as follows:


Sec.  180.209  Requirements for requalification of specification 
cylinders.

* * * * *
    (j) Cylinder used as a fire extinguisher. Only a DOT specification 
cylinder used as a fire extinguisher and meeting the requirements of 
Sec.  173.309(a) of this subchapter may be requalified in accordance 
with this paragraph (j).
* * * * *

0
57. In Sec.  180.407:
0
a. In the table in paragraph (c), revise the entries for ``Internal 
Visual Inspection'' and ``Pressure Test'' and the notes to table;
0
b. Revise paragraphs (d)(3) and (g)(1)(ii) introductory text; and
0
c. Add paragraph (j).
    The revisions and addition read as follows:


Sec.  180.407  Requirements for test and inspection of specification 
cargo tanks.

* * * * *
    (c) * * *

                         Compliance Dates--Inspections And Test Under Sec.   180.407(c)
----------------------------------------------------------------------------------------------------------------
                                                                                                     Interval
Test or inspection (cargo tank specification,   Date by which first test must be completed (see    period after
         configuration, and service)                                Note 1)                         first test
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Internal Visual Inspection:
    All insulated cargo tanks, except MC 330,  September 1, 1991................................               1
     MC 331, MC 338 (see Note 4).
    All cargo tanks transporting lading        September 1, 1991................................               1
     corrosive to the tank.
    MC 331 cargo tanks less than 3,500         September 1, 2016................................              10
     gallons water capacity in dedicated
     propane service constructed of
     nonquenched and tempered NQT SA-612
     steel (see Note 5).
    All other cargo tanks, except MC 338.....  September 1, 1995................................               5
 
                                                  * * * * * * *
Pressure Test (Hydrostatic or pneumatic) (See
 Notes 2 and 3):
    All cargo tanks which are insulated with   September 1, 1991................................               1
     no manhole or insulated and lined,
     except MC 338.
    All cargo tanks designed to be loaded by   September 1, 1992................................               2
     vacuum with full opening rear heads.
    MC 330 and MC 331 cargo tanks in chlorine  September 1, 1992................................               2
     service.
    MC 331 cargo tanks less than 3,500         September 1, 2017................................              10
     gallons water capacity in dedicated
     propane service constructed of
     nonquenched and tempered NQT steel (See
     Note 5).
    All other cargo tanks....................  September 1, 1995................................               5
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Note 1: If a cargo tank is subject to an applicable inspection or test requirement under the regulations in
  effect on December 30, 1990, and the due date (as specified by a requirement in effect on December 30, 1990)
  for completing the required inspection or test occurs before the compliance date listed in table I, the
  earlier date applies.
Note 2: Pressure testing is not required for MC 330 or MC 331 cargo tanks in dedicated sodium metal service.

[[Page 35546]]

 
Note 3: Pressure testing is not required for uninsulated lined cargo tanks, with a design pressure MAWP 15 psig
  or less, which receive an external visual inspection and lining inspection at least once each year.
Note 4: Insulated cargo tanks equipped with manholes or inspection openings may perform either an internal
  visual inspection in conjunction with the external visual inspection or a hydrostatic or pneumatic pressure-
  test of the cargo tank.
Note 5: A 10-year inspection interval period also applies to cargo tanks constructed of NQT SA-202, NQT SA-455,
  or NQT SA-612 steels provided the materials have full-size equivalent (FSE) Charpy vee notch (CVN) energy test
  data that demonstrated 75% shear-area ductility at 32[emsp14][deg]F with an average of 3 or more samples >15
  ft-lb FSE with no sample <10 ft-lb FSE.

    (d) * * *
    (3) All reclosing pressure relief valves must be externally 
inspected for any corrosion or damage which might prevent safe 
operation. All reclosing pressure relief valves on cargo tanks carrying 
lading corrosive to the valve must be removed from the cargo tank for 
inspection and testing. Each reclosing pressure relief valve required 
to be removed and tested must be tested according to the requirements 
set forth in paragraph (j) of this section.
* * * * *
    (g) * * *
    (1) * * *
    (ii) All self-closing pressure relief valves, including emergency 
relief vents and normal vents, must be removed from the cargo tank for 
inspection and testing according to the requirements in paragraph (j) 
of this section.
* * * * *
    (j) Pressure vent bench test. When required by this section, 
pressure relief valves must be tested for proper function as follows:
    (1) Each self-closing pressure relief valve must open and reseat to 
a leaktight condition at the pressures prescribed for the applicable 
cargo tank specification or at the following pressures:
    (i) For MC 306 cargo tanks:
    (A) With MC 306 reclosing pressure relief valves, it must open at 
not less than 3 psi and not more than 4.4 psi and must reseat to a leak 
tight-condition at no less than 2.7 psi.
    (B) With reclosing pressure relief valves modified as provided in 
Sec.  180.405(c) to conform with DOT 406 specifications, according to 
the pressures set forth for a DOT 406 cargo tank in Sec.  178.346-3 of 
this subchapter.
    (ii) For MC 307 cargo tanks:
    (A) With MC 307 reclosing pressure relief valves, it must open at 
not less than the cargo tank MAWP and not more than 110% of the cargo 
tank MAWP and must reseat to a leak tight-condition at no less than 90% 
of the cargo tank MAWP.
    (B) With reclosing pressure relief valves modified as provided in 
Sec.  180.405(c) to conform with DOT 407 specifications, according to 
the pressures set forth for a DOT 407 cargo tank in Sec.  178.347-4 of 
this subchapter.
    (iii) For MC 312 cargo tanks:
    (A) With MC 312 reclosing pressure relief valves, it must open at 
not less than the cargo tank MAWP and not more than 110% of the cargo 
tank MAWP and must reseat to a leak tight-condition at no less than 90% 
of the cargo tank MAWP.
    (B) With reclosing pressure relief valves modified as provided in 
Sec.  180.405(c) to conform with DOT 412 specifications, according to 
the pressures set forth for a DOT 412 cargo tank in Sec.  178.348-4 of 
this subchapter.
    (iv) For MC 330 or MC 331 cargo tanks, it must open at not less 
than the required set pressure and not more than 110% of the required 
set pressure and must reseat to a leak-tight condition at no less than 
90% of the required set pressure.
    (v) For DOT 400-series cargo tanks, according to the pressures set 
forth for the applicable cargo tank specification in Sec. Sec.  
178.346-3, 178.347-4, and 178.348-4, respectively, of this subchapter.
    (vi) For cargo tanks not specified in this paragraph, it must open 
at not less than the required set pressure and not more than 110% of 
the required set pressure and must reseat to a leak-tight condition at 
no less than 90% of the required set pressure or the pressure 
prescribed for the applicable cargo tank specification.
    (2) Normal vents (1 psig vents) must be tested according to the 
testing criteria established by the valve manufacturer.
    (3) Self-closing pressure relief devices not tested or failing the 
tests in paragraph (j)(1) of this section must be repaired or replaced.


Sec.  180.503  [Amended]

0
58. In Sec.  180.503, under the definition of ``Qualification'', ``AAR 
Tank Car Manual'' is removed and ``AAR Specifications for Tank Cars'' 
is added in its place.

    Issued in Washington, DC, on May 17, 2016, under authority 
delegated in 49 CFR part 1.97.
Marie Therese Dominguez,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2016-12034 Filed 6-1-16; 8:45 am]
 BILLING CODE 4910-60-P