[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Proposed Rules]
[Pages 42609-42625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15303]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 172, 173, 176, 178, and 180
[Docket No. PHMSA-2015-0102 (HM-219A)]
RIN 2137-AF09
Hazardous Materials: Miscellaneous Petitions for Rulemaking (RRR)
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: In response to petitions for rulemaking submitted by the
regulated community, PHMSA proposes to amend the Hazardous Materials
Regulations (HMR; 49 CFR parts 171 through 180) to update, clarify, or
provide relief from miscellaneous regulatory requirements.
Specifically, PHMSA is proposing amendments that include, but are not
[[Page 42610]]
limited to, the following: Incorporating by Reference (IBR) multiple
publications from both the Compressed Gas Association (CGA) and the
Chlorine Institute; addressing inconsistencies with domestic and
international labels and placards; permitting alternative testing for
aerosols; no longer mandating that excepted quantities comply with the
emergency response telephone requirement; allowing electronic
signatures for Environmental Protection Agency (EPA) manifest forms;
and no longer requiring the service pressure to be marked on Department
of Transportation (DOT) 8 and 8L cylinders.
DATES: Comments must be submitted by August 29, 2016. To the extent
possible, PHMSA will consider late-filed comments as a final rule is
developed.
ADDRESSES: You may submit comments by identification of the docket
number [PHMSA-2015-0102 (HM-219A)] by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Fax: 1-202-493-2251.
Mail: Dockets Management System; U.S. Department of
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001.
Hand Delivery: To U.S. Department of Transportation,
Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey
Avenue SE., Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday
through Friday, except Federal holidays.
Instructions: All submissions must include the agency name and
docket number for this notice at the beginning of the comment. All
comments received will be posted without change to the Federal Docket
Management System (FDMS), including any personal information.
Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES). To access and review The Chlorine
Institute publications (1) Chlorine Institute Emergency Kit ``A'' for
100-lb. & 150-lb. Chlorine Cylinders, Edition 12, Revision 2, July 2014
go to https://bookstore.chlorineinstitute.org/iba-instruction-booklet-chlorine-institute-emergency-kit-a-for-100-lb-and-150-lb-chlorine-cylinders-166.html; (2) Chlorine Institute Emergency Kit ``B'' for
Chlorine Ton Containers, Edition 11, Revision 1, July 2014 go to
https://bookstore.chlorineinstitute.org/mm5/merchant.mvc?Session_ID=832f559635b70c753d7a6780f4876094&Store_Code=ci2store&Screen=PROD&Product_Code=EPR_IB_B-HC&; (3) Pamphlet 57, Emergency
Shut-Off Systems for Bulk Transfer of Chlorine, Edition 6, June 2015 go
to https://bookstore.chlorineinstitute.org/mm5/merchant.mvc?Session_ID=832f559635b70c753d7a6780f4876094&Store_Code=ci2store&Screen=PROD&Product_Code=SPHP0057-HC&; and (4) Pamphlet 168,
Guidelines for Dual Valve Systems for Bulk Chlorine Transport, Edition
2, July 2015 go to https://bookstore.chlorineinstitute.org/mm5/merchant.mvc?Session_ID=832f559635b70c753d7a6780f4876094&Store_Code=ci2store&Screen=PROD&Product_Code=SPHP0168-HC&. To access and review DoD
publications include the following: (1) TB 700-2; NAVSEAINST 8020.8C;
TO 11A-1-47: DoD Ammunition and Explosives Hazard Classification
Procedures, 30 July 2012, go to https://www.ddesb.pentagon.mil/documents/?pg=subcont-internationalissuances; and (2) DLAR 4145.41/AR
700-143/NAVSUPINST 4030.55D/AFMAN 24-210_IP/MCO 4030.40C: Packaging of
Hazardous Materials, 21 April 2015 go to http://www.dla.mil/Portals/104/Documents/J5StrategicPlansPolicy/PublicIssuances/r4145.41.pdf . To
access and review Compressed Gas Association (CGA) publications
including ``CGA C-7-2014: Guide to Classification and Labeling of
Compressed Gases, Tenth Edition'' and ``CGA V-9, 2012, Compressed Gas
Association Standard for Compressed Gas Cylinder Valves, Seventh
Edition'' go to https://www.cganet.com/customer/dot.aspx.
FOR FURTHER INFORMATION CONTACT: Steven Andrews or Matthew Nickels,
(202) 366-8553, Office of Hazardous Materials Standards, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Summary Review of Proposed Amendments
III. Section-by-Section Review
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
B. Executive Order 12866, Executive Order 13563, Executive Order
13610, and DOT Regulatory Policies and Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
F. Paperwork Reduction Act
G. Regulatory Identifier Number (RIN)
H. Unfunded Mandates Reform Act
I. Environmental Assessment
J. Privacy Act
K. Executive Order 13609 and International Trade Analysis
L. National Technology Transfer and Advancement Act
I. Background
The Administrative Procedure Act (APA) requires Federal agencies to
give interested persons the right to petition an agency to issue,
amend, or repeal a rule (5 U.S.C. 553(e)). Section 106.95 of the HMR
contains the rulemaking procedures for persons to ask PHMSA (also
``we'' or ``us'') to add, amend, or delete a regulation by filing a
petition for rulemaking containing adequate support for the requested
action. In this NPRM, PHMSA proposes to amend the HMR in response to
petitions for rulemaking submitted by shippers, carriers,
manufacturers, and industry representatives. These proposed revisions
are intended to reduce regulatory burdens while maintaining or
enhancing the existing level of safety. We discuss the petitions and
proposals in detail in Section II of this NPRM. The following is a
brief summary of the proposed regulatory changes:
Revise approved testing methods for aerosols.
Revise a table related to cargo tank specifications.
Update the IBR citation for chlorine tank cars.
Address inconsistencies between international and domestic
labels.
Revise the vessel requirement to notify the Captain of the
Port (COTP) to the presence of limited quantities of hazardous
materials.
Revise testing requirements for packages to allow liquids
to be used in place of solid materials.
Add a shipping description for roadway striping vehicles.
Extend the service life of tank cars authorized under HM-
246 to the full service life of other tanks cars authorized under Sec.
215.203 of the Federal Railroad Administration (FRA) regulations.
Permit the use of pallets made of non-wood materials for
limited quantities.
Revise requirements for when emergency response numbers
are required for excepted quantities.
Change units for limited quantities of ethyl alcohol to
the International System of Units.
[[Page 42611]]
Propose changes concerning valve requirements for
cylinders as outlined in ``CGA V-9-2012, Compressed Gas Association
Standard for Compressed Gas Cylinder Valves, Seventh Edition.''
Incorporate CGA standard ``CGA C-7-2014, Guide to
Classification and Labeling of Compressed Gases, Tenth Edition.''
Remove requirement for the marking of the service pressure
on DOT 8 and DOT 8L cylinders.
Revise recordkeeping requirements for certain cargo tanks
certified in accordance with the ASME Code.
Revise the printing tolerances for label and placard
sizes.
Incorporate Department of Defense (DoD) explosives manual
into Sec. 171.7.
Allow use of electronic manifest.
Amend the HMR to acknowledge that the marked date of
manufacture on a composite Intermediate Bulk Container (IBC) may differ
from the marked date of manufacture on the inner receptacle of that
IBC.
Revise the basis weight tolerance provided in Sec.
178.516(b)(7) from 5 percent to 10 percent
from the nominal basis weight reported in the initial design
qualification test report for 4G boxes.
II. Summary Review of Proposed Amendments
A. Testing for Aerosols
In its petition (P-1606), the Council on Safe Transportation of
Hazardous Articles (COSTHA) requested that PHMSA allow alternative
testing methods, such as those identified in Sections 6.2.4.2.2 and
6.2.4.3 of the United Nations (UN) Model Regulations, to the hot water
bath test for aerosols currently found in Sec. 173.306(a)(3)(v) of the
HMR. Specifically, COSTHA requested that Sec. 173.306(a)(3) be revised
to allow the hot water bath test to be used for aerosols as is allowed
in the UN Model Regulations.
On February 22, 2016, PHMSA published a final rule under Docket HM-
233F entitled ``Adoption of Special Permits'' [81 FR 3635]
incorporating special permits that allow for alternatives to the hot
water bath test similar to those found in the UN Model Regulations.
PHMSA believes these alternatives to the hot water bath test satisfy
the intent of this petition and it is no longer necessary to propose
any new regulatory text at this time.
B. Cargo Tank Specification
In its petition (P-1615), The Walker Group requested revisions to
the table in Sec. 180.407(g)(1)(iv) to make this section consistent
with the applicable packaging specification (e.g., Sec. 178.347). A
cargo tank manufactured to the requirements of the applicable DOT
specifications has to be tested in accordance with the HMR. Currently,
the design specifications for cargo tanks in Sec. 178.320 contain
general requirements applicable to all cargo tanks. The design
specifications, including the test pressures for older cargo tanks that
are no longer authorized for manufacture but still authorized for use,
were last found in the 1985 edition of the HMR (e.g., MC 306--Sec.
178.341-7; MC 307--Sec. 178.342-7; MC 312--Sec. 178.343-7).
This petition seeks to eliminate confusion by changing the
regulations to allow the use of the marked test pressure on the cargo
tank nameplate as the requalification test pressure and to amend every
test pressure entry in the Sec. 180.407(g)(1)(iv) test pressure table
by beginning the entries with the phrase, ``The test pressure on the
nameplate (specification plate).'' PHMSA conducted both a technical and
policy review of the petition, and instead of modifying every test
pressure entry as suggested by the petitioner, PHMSA is proposing that
revisions should only apply to certain cargo tank specifications (DOT
407, MC 304, and MC 307) to harmonize the periodic hydrostatic testing
required by part 180 with the initial testing for the applicable
packaging specification prescribed in part 178. The revisions should
further clarify that test pressures (in case of periodic pneumatic
testing required by part 180) are already consistent with the initial
testing for the applicable packaging specification prescribed in part
178.
C. Chlorine Institute Publications
In its petition (P-1619), the Chlorine Institute requested that
updates to publications currently listed in Sec. 171.7(l)--
specifically Sec. 171.7(l)(1), (2), (5), and (12)--and referenced in
various sections of the HMR be incorporated by reference. PHMSA has
conducted a review of these publications and found them suitable to
propose incorporation into the HMR. Therefore, PHMSA is proposing to
include the following updated documents in the referenced material:
Chlorine Institute Emergency Kit ``A'' for 100-lb. & 150-
lb. Chlorine Cylinders, Edition 12, Revision 2, July 2014.
Chlorine Institute Emergency Kit ``B'' for Chlorine Ton
Containers, Edition 11, Revision 1, July 2014.
Pamphlet 57, Emergency Shut-Off Systems for Bulk Transfer
of Chlorine, Edition 6, June 2015.
Pamphlet 168, Guidelines for Dual Valve Systems for Bulk
Chlorine Transport, Edition 2, July 2015.
D. International Label and Placard Consistency
In its petition (P-1620), Labelmaster Services requested revisions
to the HMR to address inconsistencies between international and
domestic labels and placards. Specifically, the petition requested
revisions to Sec. Sec. 172.519(f) and 172.407(f) of the HMR to allow
for the use of labels and placards conforming to the specifications in
the UN Recommendations on the Transport of Dangerous Goods, the
International Civil Aviation Organization (ICAO) Technical Instructions
on the Safe Transport of Dangerous Goods by Air, the International
Maritime Dangerous Goods (IMDG) Code, or the Transport Canada
Transportation of Dangerous Goods (TDG) Regulations.
After reviewing the petition, PHMSA found that the requested
changes are likely to clarify some regulatory requirements and
provisions that exist for the transportation of hazardous materials
internationally, yet are not likely to be onerous or costly for the
regulated community. Therefore, PHMSA is proposing revisions to
Sec. Sec. 172.519(f) and 172.407(f) of the HMR to allow for the use of
labels and placards conforming to the specifications in the UN
Recommendations, ICAO Technical Instructions, the IMDG Code, or the
Transport Canada TDG Regulations.
E. Limited Quantities of Ammonium Nitrate by Vessel
In its petition (P-1624), Horizon Lines, LLC requested that Sec.
176.415(b) be revised to except limited quantities of ``UN1942,
Ammonium nitrate'' from requiring permission from the Captain of the
Port (COTP) before being loaded or unloaded from a vessel at a
waterfront facility. This petition for rulemaking is in response to
previous changes to the HMR that eliminated the Other Regulated
Materials Domestic (ORM-D) classification.
Specifically, Horizon Lines expressed concern that while the change
from ORM-D to limited quantities is good for harmonization and the
industry overall, the change has had some unintended negative
consequences for shippers and vessel operators, including ``UN1942,
Ammonium nitrate'' products shipped as ORM-D having to be reclassified
under the limited quantities exception. Currently, the HMR require that
``UN1942, Ammonium nitrate, 5.1'' be moved under a United States Coast
[[Page 42612]]
Guard (USCG) permit regardless of the quantity shipped.
In its review of the petition, PHMSA found that shipping ``UN1942,
Ammonium nitrate, 5.1'' as a limited quantity instead of ORM-D will put
a higher burden of cost on both the shipper and the vessel operator,
without increasing safety, because they must continue to abide by the
requirements in Sec. 176.415(c)(4) to obtain a permit. Section
176.415(b) already provides exceptions for ``UN1942, Ammonium nitrate''
when shipped in a rigid packaging with a noncombustible inside
packaging and ``UN2067, Ammonium nitrate fertilizer'' when the nearest
COTP is notified at least 24 hours in advance of any loading or
unloading in excess of 454 kg (1,000 pounds). Therefore, PHMSA is
proposing an exception for ``UN1942, Ammonium nitrate'' when shipped as
a limited quantity to require written notification to the USCG 24 hours
prior to loading this type of cargo.
F. Use of Combination Packages Tested With a Liquid
In its petition (P-1625), HAZMATPAC requested the allowance of the
shipment of solid materials in a package when that package has been
tested with a liquid material. Currently, Sec. 173.24a(b)(3) allows a
single or composite non-bulk packaging that is tested and marked for a
liquid hazardous material to be filled with a solid hazardous material
up to a gross mass in kilograms not exceeding the rated capacity of the
packaging in liters, multiplied by the specific gravity of the
packaging, or 1.2 if not marked. In addition, paragraphs (i), (ii), and
(iii) allow a packaging rated for a liquid Packing Group I to be filled
with a solid Packing Group II hazardous material, a packaging rated for
a liquid Packing Group I to be filled with a solid Packing Group III
hazardous material, and a packaging rated for a liquid Packing Group II
to be filled with a solid Packing Group III hazardous material, all
with slightly higher allowable gross masses of such solids.
PHMSA conducted both a technical and economic policy review of the
HAZMATPAC petition and found it to merit a rulemaking. Therefore, PHMSA
is proposing to revise Sec. 173.24a(b)(3) to allow combination
packages tested with liquids to transport solid materials.
G. Shipping Names for Roadway Striping Vehicles
In its petition (P-1634), 3M Company requested an amendment to the
table in Sec. 173.5a(c)(l) to include an additional hazardous material
description for transport in roadway striping vehicles. Specifically,
3M requested the addition of UN2735 ``Amines, Liquid, Corrosive,
n.o.s., 8, III'' or ``Polyamines, Liquid, Corrosive, n.o.s., 8, III''
when used as a catalyst.
The table in Sec. 173.5a(c)(1) currently lists ``UN3267, Corrosive
liquid basic, organic, n.o.s.'' as a catchall for corrosive liquids
while at the same time Sec. 172.101(c)(10)(iii) reads, ``A mixture or
solution not identified in the Table specifically by name, comprised of
two or more hazardous materials in the same hazard class, shall be
described using an appropriate shipping description (e.g., `Flammable
liquid, n.o.s.').'' The excerpt further states that commodities that
can be described explicitly (not comprised of two or more hazardous
materials) should be listed by ``the name that most appropriately
describes the material,'' with the example being an alcohol not listed
by its technical name in the table being described as ``Alcohol,
n.o.s'' rather than ``Flammable liquid, n.o.s.'' Because an amine
compound is the single hazardous corrosive component in 3M's pavement
marking liquid, PHMSA believes this change will not result in
measurable economic or safety impacts. Therefore, PHMSA is proposing to
add proper shipping names to Sec. 173.5a(c)(1) to the list of
authorized materials that can be used under this section.
H. Toxic by Inhalation Tank Car Lifespan
In its petition (P-1636), the Chlorine Institute requested that
PHMSA extend the service life of interim compliant toxic inhalation
hazard (TIH) tank cars to the full service life of all other tank cars
as allowed in Sec. 215.203 of the FRA regulations. Specifically, the
Chlorine Institute requested a revision to paragraph Sec.
173.31(e)(2)(iii), which specifies a 20-year allowable service life for
tank cars transporting TIH materials that were built to specifications
contemplated in the HM-246 rulemaking because of an expected delay of
at least 8 to 10 years before a permanent TIH design standard and
specification would be available from the Advanced Tank Car
Collaborative Research Program (ATCCRP).
Although the plain language of Sec. 173.31(e)(2)(iii) limits the
authorized service life of tank cars meeting the relevant
specifications to 20 years from the date of the cars' construction, the
final rule in which PHMSA adopted this 20-year service life made clear
that tank cars built to these specifications were intended as an
interim solution to then-existing market conditions. See [74 FR 1770
(Jan. 13, 2009)]. These interim tank car specifications were intended
to make immediate safety improvements in tank car construction and to
ensure the ongoing availability of tank cars for the transportation of
TIH materials while the Department moved forward with the development
and validation of an enhanced performance standard for TIH tank cars
and the incorporation of such an enhanced standard into the HMR. With
the understanding of the interim nature of these cars, PHMSA intended
the 20-year authorized service life to guarantee tank car owners a
reasonable service life for the cars, even if the Department were to
issue a new tank car standard in the years immediately following the
2009 final rule [74 FR 1770]. The Department is still working towards
developing and implementing an enhanced performance standard for TIH
materials tank cars. PHMSA's review of the petition found that there is
likely economic merit in undertaking a rulemaking as requested.
Therefore, PHMSA is proposing to revise Sec. 173.31(e)(2)(iii) to
remove the 20-year service life, which will allow continued use of the
interim compliant TIH tank cars to the full service life of all other
tank cars, as allowed in Sec. 215.203.
I. Limited Quantity Pallets
In its petition (P-1638), Labelmaster Services requested a revision
to the HMR that would allow the use of plastic or metal pallets to
transport materials classed and marked as limited quantities. The
petition specifically requested that PHMSA revise Sec.
173.156(b)(2)(iii), which specifies these materials be secured to a
wooden pallet, to also specify that they could be secured to a plastic
or metal pallet.
PHMSA's review of the petition found that there is likely economic
merit in undertaking a rulemaking as requested. In addition, a
technical review of the petition found there should be no decrease in
safety due to the proposed change. The changes suggested by this
petition would allow transporters greater flexibility in their choice
of pallets, with possible accompanying cost savings. Therefore, PHMSA
is proposing to revise Sec. 173.156(b)(2)(iii) to allow for the use of
metal, plastic, or composite pallets used to ship limited quantities of
hazardous materials.
J. Emergency Response Numbers
In its petition (P-1639), Horizon Lines, LLC requested an exception
to the requirement in Sec. 172.604(d)(1) to provide an emergency
response telephone number in order to no longer require an emergency
response telephone number be provided on a shipping paper for excepted
quantities
[[Page 42613]]
of hazardous materials. This change would be consistent with how PHMSA
treats limited quantities of hazardous materials. Specifically, the
petition asked PHMSA to revise Sec. 172.604(d)(1) in order for it to
be applicable to limited quantities and excepted quantities.
This modification is justified in that excepted quantity weights
are less than the already exempted limited quantity weights. In
addition, this revision will harmonize the emergency response number
requirements with the IMDG Code, which does not require an emergency
response telephone number on the dangerous goods documentation (or
anywhere else) for any excepted material; however, all hazardous
materials, including those in excepted quantities, must comply with
Section 5.4.3.2 of the IMDG Code, which requires emergency response
information to be communicated in ways other than a phone number, such
as a Safety Data Sheet (SDS). PHMSA's review of the petition found that
there is likely economic merit in undertaking a rulemaking as requested
without any decrease to safety. Therefore, PHMSA is proposing to revise
Sec. 172.604(d)(1) to no longer require an emergency response
telephone number on a shipping paper be provided for excepted
quantities of hazardous materials.
K. Units of Measurement for Limited Quantities of Ethyl Alcohol
In its petition (P-1640), the Association of HAZMAT Shippers
requested that the units of measure included in Sec. 173.150(g) be
converted to the International System of Units, as they are expressed
elsewhere in the HMR. The International System of Units is typically
used in the manufacturing of inner receptacles. PHMSA's review of the
petition found that there is likely economic merit in undertaking a
rulemaking as requested without any decrease to safety. Therefore,
PHMSA is proposing to revise Sec. 173.150(g) to convert measurements
to the International System of Units.
L. Cylinder Valves and Protection Caps
In its petition (P-1641), CGA proposed to add new paragraphs Sec.
173.301(a)(11) and (12). The proposed changes concern valve
requirements for cylinders as outlined in ``CGA V-9-2012, Compressed
Gas Association Standard for Compressed Gas Cylinder Valves, Seventh
Edition.''
Specifically, CGA requests that cylinder valves and cylinder valve
protection caps manufactured on or after May 4, 2015, be required to
conform to the requirements in ``CGA V-9-2012, Compressed Gas
Association Standard for Compressed Cylinder Valves, Seventh Edition.''
Justifications for this request include ensuring standardization of
cylinder valve designs and providing guidance to users on proper
selection of valves. PHMSA's review of the petition found that there is
likely economic merit in undertaking a rulemaking as requested without
any decrease to safety. Therefore, PHMSA is proposing to add new
paragraphs Sec. 173.301(a)(11) and (12) to the HMR to conform to the
new standards for cylinder valves and caps as outlined in ``CGA V-9-
2012, Compressed Gas Association Standard for Compressed Gas Cylinder
Valves, Seventh Edition.''
M. Recordkeeping Requirements for Portable Tanks
In its petition (P-1644), HAZMAT Resources proposed to add text to
Sec. 180.605(l) to address recordkeeping requirements for portable
tanks. This revision would harmonize this recordkeeping requirement
with Sec. 180.417(a)(3)(ii), which addresses recordkeeping
requirements for certain cargo tank motor vehicles constructed and
certified in accordance with the ASME Code. The petitioner recommends
renaming Sec. 180.605(l) to Sec. 180.605(l)(1) and adding an
additional Sec. 180.605(l)(2). This new section would include
recordkeeping requirements in line with Sec. 180.417(a)(3)(ii). PHMSA
agrees that not harmonizing recordkeeping requirements for portable
tanks and cargo tank motor vehicles was an oversight and that this
revision as proposed would provide an alternative means of compliance
for portable tanks that has already been provided for cargo tanks.
PHMSA believes there is likely economic merit in revising this section
without a reduction in safety. The inclusion of a similar section in an
already published Sec. 180.407(a)(3)(ii) increases the validity of
this proposed change. Therefore, PHMSA is proposing to revise Sec.
180.605(l) to allow the owner of a portable tank to contact the
National Board for a copy of the manufacture's data report, if the
portable tank was registered with the National Board, or copy the
information contained on the portable tanks specification plate and
ASME Code data plates.
N. Printing Tolerances for Labels and Placards
In its petition (P-1650), Labelmaster Services proposed to revise
Sec. Sec. 172.407(c) and 172.519(c) of the HMR to allow for printing
tolerances for labels and placards. Labelmaster noted that the printing
tolerances specified for the solid-line inner border that is parallel
to the edge is extremely difficult to maintain with standard printing
processes.
After a policy review of the petition, PHMSA agrees with
Labelmaster that the absence of a tolerance will increase printing
costs, as well as lead to inconsistent enforcement practices and
confusion on the part of businesses attempting to remain compliant,
without providing any increase in safety or hazard communication.
Therefore, PHMSA is proposing to revise Sec. Sec. 172.407(c) and
172.519(c) to add the word ``approximately'' to these sections to allow
for printing tolerances with respect to the solid inner border for
labels and placards. PHMSA believes that this simple fix and small
change in the HMR could reduce costs with no degradation in safety.
O. Incorporation of Department of Defense Standards
In its petition (P-1651), the Department of Defense (DoD)
Explosives Safety Board requested that PHMSA amend the citations in
Sec. 171.7(o)(1) and (2) to include the latest detailed publications
used by the DoD in its examination and classification of explosives.
PHMSA reviewed and provided feedback to DoD on the proposed changes to
the manuals. Updating this manual is essential to allowing the DoD to
safely move explosives in the interest of national security. Therefore,
PHMSA is proposing to incorporate these documents into the HMR as
requested.
P. Definitions for ``Basic Description'' and ``Shipping Description''
In its petition (P-1655), the Dangerous Goods Trainers Association
(DGTA) proposed that PHMSA revise Sec. 171.8 to add definitions for
``Basic Description'' and ``Shipping Description.'' The DGTA
specifically suggested that adding these definitions to the HMR will
provide vital clarification to the meaning of these terms. The DGTA
informed PHMSA that its members often receive questions from trainees
about the terms ``basic description'' and ``shipping description,''
which are used to describe the information required on shipping papers
in accordance with part 172, subpart C of the HMR--Shipping Papers. The
petition proposes definitions be provided for ``basic description'' and
``shipping description'' in Sec. 171.8, along with amendments to the
HMR to ensure that these terms are used consistently and appropriately.
PHMSA believes there is likely merit in adding these definitions
without a reduction in safety. Therefore, PHMSA is proposing
definitions for
[[Page 42614]]
``basic description'' and ``shipping description'' in Sec. 171.8 of
the HMR.
Q. Service Pressure Marking for DOT 8 and DOT 8L Cylinders
In its petition (P-1656), Norris Cylinder proposed that PHMSA
revise Sec. 178.35(f)(7) to no longer require the marking of the
service pressure on DOT 8 and DOT 8L cylinders. After both a technical
and policy review of the petition, PHMSA agrees with Norris Cylinder
that it was never the intention to require the marking of the service
pressure on DOT 8 and DOT 8L cylinders. Therefore, PHMSA is proposing
to revise this section as requested by the petitioner.
R. Incorporation of CGA Publication
In its petition (P-1657), CGA proposed to IBR updates to the CGA
publication ``CGA C-7-2014, Guide to Classification and Labeling of
Compressed Gases, Tenth Edition'' currently listed in Sec.
171.7(n)(7). This IBR has been updated to meet requirements for the
U.S. Occupational Health and Safety Administration (OSHA) and was
previously incorporated into OSHA's regulations in 2012. The CGA is
requesting that PHMSA permit the use of the 2014 edition of CGA C-7 to
keep the DOT current with industry practices that are incorporated into
Appendix A of C-7.
PHMSA's review of the petition found that there are some editorial
changes to the text of Appendix A in the 2014 edition that were added
for clarity but do not impact the use of the required labels.
Therefore, PHMSA is proposing the incorporation by reference of ``CGA
C-7-2014, Guide to Classification and Labeling of Compressed Gases,
Tenth Edition'' into the HMR.
S. Use of Electronic Manifest
In its petition (P-1659), COSTHA proposed to revise Sec. 172.205
to permit the use of electronic signatures when completing an EPA form
8700-22 and 8700-22A. PHMSA reviewed and concurred with this proposed
change, believing there is likely merit without a reduction in safety.
Therefore, PHMSA is proposing to add paragraph (j) to permit the use of
electronic signatures when completing an EPA form 8700-22 and 8700-22A.
T. Marked Date of Manufacture on Composite IBCs
In its petition (P-1662), Rigid Intermediate Bulk Container
Association of North America (RIBCNA) proposed to amend Sec.
178.703(b) to acknowledge that the marked date of manufacture on a
composite IBC may differ from the marked date of manufacture on the
inner receptacle of that IBC. The RIBCNA petitioned PHMSA to propose
the substance of the UN adopted note, ``The date of manufacture of the
inner receptacle may be different from the marked date of manufacture
(see 6.5.2.1), repair (see 6.5.4.5.3) or remanufacture (see 6.5.2.4) of
the composite IBC,'' as a final sentence in Sec. 178.703(b)(6)(i) to
read as follows: ``The date of manufacture of the inner receptacle may
be different from the marked date of manufacture required by Sec.
178.703(a)(1)(iv) or by Sec. 180.352(d)(1)(iv).''
After a review of the petition, PHMSA found that allowing the inner
receptacle and the composite IBC to have different date markings will
have no effect on the safety of the use and manufacture of IBCs.
Integrating the proposed language into the current HMR will also bring
rules governing markings of IBCs more in line with current
international standards. Therefore, PHMSA is proposing a change to the
HMR to allow the date of manufacture on the inner receptacle to be
different than on the composite IBC.
U. Basis Weight Tolerances for Liners and Mediums Used in the
Manufacture of Specification UN 4G Fiberboard Boxes
In its petition (P-1663), COSTHA requested PHMSA revise the basis
weight tolerance provided in Sec. 178.516(b)(7) from +/-5 percent to
+/-10 percent from the nominal basis weight reported in the initial
design qualification test report.
PHMSA conducted a review of the petition and found that the
requested change is unlikely to affect safety in any way and is largely
following industry practices. The realities of paper manufacturing are
such that a wide range of basis weights can be found on any large
enough sample of fiberboard run on the same line to the same
specification. This revision would only modify the percentage threshold
for the allowable nominal basis weight for fiberboard boxes and would
not result in any fundamental changes to testing, recordkeeping, or
approval processes by either PHMSA or the regulated community.
Therefore, PHMSA is proposing to revise the basis weight tolerance
provided in Sec. 178.516(b)(7) from +/-5 percent to +/-10 percent from
the nominal basis weight reported in the initial design qualification
test report.
III. Section-by-Section Review
Below is a section-by-section description of the changes being
proposed in this NPRM.
A. Section 171.7
Section 171.7 lists all standards incorporated by reference into
the HMR that are not specifically set forth in the regulations. This
NPRM proposes to incorporate by reference publications by the Chlorine
Institute, the DoD, and the CGA.
The Chlorine Institute publications include the following:
1. Chlorine Institute Emergency Kit ``A'' for 100-lb. & 150-lb.
Chlorine Cylinders, Edition 12, Revision 2, July 2014. This publication
is freely available on the Chlorine Institute Web site at: https://bookstore.chlorineinstitute.org/iba-instruction-booklet-chlorine-institute-emergency-kit-a-for-100-lb-and-150-lb-chlorine-cylinders-166.html. This publication provides instructions and illustrates the
use of Chlorine Institute Emergency Kit 'A'. This booklet provides
instructions for both generations of Emergency Kit 'A', those
manufactured before 12/31/12 and after 1/1/13. It also includes
complete parts list for both generations.;
2. Chlorine Institute Emergency Kit ``B'' for Chlorine Ton
Containers, Edition 11, Revision 1, July 2014. This publication is
available on the Chlorine Institute Web site at: https://bookstore.chlorineinstitute.org/mm5/merchant.mvc?Session_ID=832f559635b70c753d7a6780f4876094&Store_Code=ci2store&Screen=PROD&Product_Code=EPR_IB_B-HC&. This publication provides
instructions and illustrates the use of Chlorine Institute Emergency
Kit ``B.'' Includes complete parts list. Depictions of commonly used
optional devices were added to this edition and numerous editorial
revisions were made. In addition, instructions on how to apply both the
current and previous kit devices of Emergency Kit ``B'' are included.
3. Pamphlet 57, Emergency Shut-Off Systems for Bulk Transfer of
Chlorine, Edition 6, June 2015. This publication is available on the
Chlorine Institute Web site at: https://bookstore.chlorineinstitute.org/mm5/merchant.mvc?Session_ID=832f559635b70c753d7a6780f4876094&Store_Code=ci2store&Screen=PROD&Product_Code=SPHP0057-HC&. This publication describes
recommended practices for emergency shut-off protection during chlorine
transfers involving bulk containers.
4. Pamphlet 168, Guidelines for Dual Valve Systems for Bulk
Chlorine
[[Page 42615]]
Transport, Edition 2, July 2015. Pamphlet 168 is to be added to the HMR
at Sec. 178.337-9. This publication is available on the Chlorine
Institute Web site at: https://bookstore.chlorineinstitute.org/mm5/merchant.mvc?Session_ID=832f559635b70c753d7a6780f4876094&Store_Code=ci2store&Screen=PROD&Product_Code=SPHP0168-HC&. This publication sets forth
performance/selection criteria that should be utilized in identifying
dual valve systems for bulk chlorine transportation applications (i.e.,
tank cars, cargo tanks and barges). These configurations are intended
to meet DOT and Transport Canada (TC) performance requirements. This
pamphlet contains information pertaining to standardizations,
performance/design criteria, operational considerations and
installation considerations, as well as an appendix that includes valve
manufacturer information.
DoD publications include the following:
1. TB 700-2; NAVSEAINST 8020.8C; TO 11A-1-47: DoD Ammunition and
Explosives Hazard Classification Procedures, 30 July 2012, into Sec.
173.56. This publication is freely available on the DoD Web site at:
https://www.ddesb.pentagon.mil/docs/TB700-2.pdf. This publication sets
forth detailed procedures for hazard classifying ammunition and
explosives in accordance with DOT regulations, North Atlantic Treaty
Organization guidelines, and United Nations recommendations.
2. DLAR 4145.41/AR 700-143/NAVSUPINST 4030.55D/AFMAN 24-210_IP/MCO
4030.40C: Packaging of Hazardous Materials, 21 April 2015 into Sec.
173.7. This publication is freely available on the DoD Web site at:
http://www.dla.mil/Portals/104/Documents/J5StrategicPlansPolicy/PublicIssuances/r4145.41.pdf. This publication reissues establishes
uniform policy for packaging hazardous materials for safe, efficient,
and legal storage, handling, and transportation, to include Department
of Transportation Special Permit (DOT-SP), Competent Authority Approval
(CAA), Certificate of Equivalency (COE) and Packaging Waivers for
Military Air in accordance with AR 700-15/NAVSUPINST 4030.28E/AFJMAN
24-206/MCO 4030.33E/DLAR 4145.7 (Reference (c)) and Defense
Transportation Regulation (DTR) 4500.9- R-Part II, Cargo Movement
(Reference (d)).
CGA publications include the following:
1. ``CGA C-7-2014, Guide to Classification and Labeling of
Compressed Gases, Tenth Edition. During the open comment period of this
NPRM, this publication is freely available on the CGA Web site at:
https://www.cganet.com/customer/dot.aspx. This publication states the
general principles for labels and markings and give recommended minimum
requirements for many hazardous gases and selected liquids.
2. CGA V-9, 2012, Compressed Gas Association Standard for
Compressed Gas Cylinder Valves, Seventh Edition. During the open
comment period of this NPRM, this publication is freely available on
the CGA Web site at: https://www.cganet.com/customer/dot.aspx. This
publication specifies general cylinder valve design, design
qualification, required markings, and performance requirements such as
operating temperature limits, pressure ranges, operating torque limits,
and flow capabilities. Also provided are testing and maintenance
requirements.
B. Section 172.205
Section 172.205 describes the requirements for the use of hazardous
waste manifest. This NPRM proposes to add paragraph (j) to permit the
use of electronic signatures when completing an EPA form 8700-22 and
8700-22A.
C. Section 172.407
Section 172.407 describes the label specifications for packages
shipping hazardous materials under the HMR. This NPRM proposes to
revise paragraph (c) to allow for size tolerances for the labels by
inserting the term ``approximately'' for the inner border to be 5 mm.
This NPRM also proposes to revise paragraph (f) to address
inconsistencies between international and domestic labels.
D. Section 172.519
Section 172.519 describes placard specification for shipments of
hazardous materials that require placards. This NPRM proposes to revise
paragraph (c) to allow for size tolerances for the placards by
inserting the term ``approximately'' for the inner border to be 5 mm.
E. Section 172.604
Section 172.604 describes the requirements to have an emergency
response number on shipping papers for shipments of hazardous
materials. This NPRM proposes to no longer require an emergency
response number for excepted quantities of hazardous materials by
revising Sec. 172.604(d).
F. Section 173.5a
Section 173.5a outlines the requirements for cargo tank motor
vehicles used for roadway striping. This NPRM proposes to add proper
shipping names to Sec. 173.5a(c)(1) to the list of authorized
materials that can be used under this section.
G. Section 173.24a
Section 173.24a outlines the general requirements for non-bulk
packages. This NPRM proposes to revise each paragraph in this section
to allow for packages tested with a liquid material to be filled with a
solid material of the equivalent packing group.
H. Section 173.31
Section 173.31 outlines the specifications for the use of tank
cars. Specifically, Sec. 173.31(e) outlines the specifications for
tank cars used to transport materials that are poisonous by inhalation.
This NPRM proposes to remove the reference to the 20-year service life
for these tank cars in Sec. 173.31(e)(2)(iii), thus extending the
service life to the standard for all tank cars set forth at Sec.
215.203 of the Federal Railroad Administration (FRA) regulations.
I. Section 173.150
Section 173.150 outlines exceptions for Class 3 flammable and
combustible liquids. This NPRM proposes to change the units in Sec.
173.150(g) from imperial units to the International System of Units and
to revise all the units in this section to the International System of
Units.
J. Section 173.156
Section 173.156 outlines exceptions for limited quantities and ORM-
D materials. This NPRM proposes to revise Sec. 173.156(b)(2)(iii) to
allow for pallets to be made of metal, plastic, or composite materials
in addition to wood.
K. Section 173.301
Section 173.301 outlines the general requirements for the shipment
of compressed gases and other hazardous materials in cylinders, UN
pressure receptacles, and spherical pressure vessels. This NPRM
proposes to revise Sec. 173.301(a) by adding subparagraphs (11) and
(12). Paragraph (11) will require all cylinder valves manufactured on
or after May 4, 2015, to conform to the requirements in CGA V-9-2012,
as well as requiring UN pressure receptacles to conform to the
requirements of Sec. 173.301b(c)(1). Paragraph (12) will require that
cylinder valve protection caps manufactured on or after May 4, 2015,
conform to the
[[Page 42616]]
requirements of CGA V-9-2012. Cylinder valve protection caps used on UN
cylinders must conform to the requirements in Sec. 173.301b(c)(2)(ii).
L. Section 173.306
Section 173.306 outlines the requirements for limited quantities of
compressed gases. This NPRM proposes to allow alternate test methods to
the current hot water bath test in the UN Model Regulations.
M. Section 176.415
Section 176.415 outlines permit requirements for Division 1.5,
ammonium nitrates, as well as certain ammonium nitrate fertilizers.
This NPRM proposes to no longer require written permission from the
COTP to load or unload limited quantities of ammonium nitrates.
N. Section 178.35
Section 178.35 outlines the general requirements for specification
cylinders. This NPRM proposes to revise Sec. 178.35 to no longer
require the marking of the service pressure for DOT 8 and DOT 8 AL
cylinders.
O. Section 178.337
Section 178.337-9 outlines the requirements for pressure relief
devices, piping, valves, hoses, and fittings. This NPRM proposes to
revise Sec. 178.337-9(b)(8) to add a reference to allow the use of
``Sections 4 through 6, Pamphlet 168, Guidelines for Dual Valve Systems
for Bulk Chlorine Transport, Edition 1, February 2013'' under this
section.
P. Section 178.516
Section 178.516 outlines the standards for fiberboard boxes. This
NPRM proposes to revise Sec. 178.516(b)(7) to allow for the paper wall
basis weights that vary by not more than +/-10 percent from the nominal
basis weight reported in the initial design qualification test report.
Q. Section 178.703
Section 178.703 outlines the marking requirements for IBCs. This
NPRM proposes to revise Sec. 178.703(b)(6)(i) by clarifying that the
date of manufacture of the inner receptacle may be different from the
marked date of manufacturer required by Sec. 178.703(a)(1)(iv) or
Sec. 180.352(d)(1)(iv) provided that the retest and inspection of the
IBCs be based on the EARLIEST marked date.
R. Section 180.407
Section 180.407 outlines the requirements for the testing and
inspection of specification cargo tanks. This NPRM proposes to revise
the table in Sec. 180.407(g)(1)(iv) to put the words ``the test
pressure on the name plate'' in the test pressure column before each
test pressure specification.
S. Section 180.605
Section 180.605 outlines the requirements for periodic testing,
inspection, and repair of portable tanks. This NPRM proposes to revise
Sec. 180.605(l) by adding Sec. 180.605(l)(2) to allow the owner of a
portable tank to contact the National Board for a copy of the
manufacture's data report, if the portable tank was registered with the
National Board, or copy the information contained on the portable
tank's specification plate and ASME Code data plates.
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This NPRM is published under authority of the Federal Hazardous
Materials Transportation Law (Federal Hazmat Law; 49 U.S.C. 5101 et
seq.). Section 5103(b) of Federal Hazmat Law authorizes the Secretary
of Transportation to prescribe regulations for the safe transportation,
including security, of hazardous materials in intrastate, interstate,
and foreign commerce.
B. Executive Order 12866, Executive Order 13563, Executive Order 13610,
and DOT Regulatory Policies and Procedures
This NPRM is not considered a significant regulatory action under
Section 3(f) of Executive Order 12866 (``Regulatory Planning and
Review'') and, therefore, was not reviewed by the Office of Management
and Budget (OMB). The proposed rule is not considered a significant
rule under the Regulatory Policies and Procedures order issued by the
U.S. Department of Transportation [44 FR 11034].
Background
Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') require agencies
to regulate in the ``most cost-effective manner,'' to make a ``reasoned
determination that the benefits of the intended regulation justify its
costs,'' and to develop regulations that ``impose the least burden on
society.''
Executive Order 13563 (``Improving Regulation and Regulatory
Review'') supplements and reaffirms the principles, structures, and
definitions governing regulatory review that were established in
Executive Order 12866 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.
Executive Order 13610 (``Identifying and Reducing Regulatory
Burdens''), issued May 10, 2012, urges agencies to conduct
retrospective analyses of existing rules to examine whether they remain
justified and whether they should be modified or streamlined in light
of changed circumstances, including the rise of new technologies.
PHMSA has involved the public in the regulatory process in a
variety of ways for this proposed rulemaking. Specifically, in this
rulemaking PHMSA is responding to 25 petitions that have been submitted
by the public in accordance with the Administrative Procedure Act and
PHMSA's rulemaking procedure regulations (49 CFR 106.95). Key issues
covered by the petitions include requests from the public to revise
packaging requirements and incorporate multiple publications by
reference.
Affected Entities
This NPRM proposes regulatory changes responding to 25 petitions
that have been submitted by the public. This NPRM would affect some
PHMSA stakeholders, including hazardous materials shippers and carriers
by highway, rail, vessel, and aircraft, as well as package
manufacturers and testers.
Summary of Costs
PHMSA anticipates the proposals contained in this rule will have
minimal costs. For the purposes of analysis PHMSA grouped the proposed
amendments by the type of change they implement. These groupings
include Harmonization, Regulatory Clarity/Editorial, Regulatory
Flexibility, and Incorporation of Standards. We discuss qualitatively
the cost of these groupings below.
Harmonization. PHMSA believes that this proposed set of amendments
aimed at harmonizing the HMR with international standards will increase
standardization and consistency of regulations, which will result in
[[Page 42617]]
minimal costs. However, if the changes in this proposed rule are not
adopted in the HMR, U.S. companies, including numerous small entities
competing in foreign markets, would be at an economic disadvantage.
These companies would be forced to comply with a dual system of
regulations. The changes in this proposed rulemaking are intended to
avoid this result.
Regulatory Clarity/Editorial. PHMSA believes that this proposed set
of amendments aimed at improving regulatory clarity and making
editorial changes would have no cost. These amendments simply clarify
existing requirements to improve compliance.
Regulatory Flexibility. PHMSA believes that this proposed set of
amendments aimed at regulatory flexibility would have no cost. These
amendments would provide alternative methods of compliance while
retaining current HMR requirements. Those stakeholders impacted by
these changes would have the regulatory flexibility to choose the most
beneficial (e.g. least costly) manner of compliance.
Incorporation of Standards. PHMSA believes that this proposed set
of amendments aimed at incorporating consensus industry standards will
have a marginal cost. This cost would be the cost of purchasing the
appropriate industry standard.
Summary of Benefits
While PHMSA anticipates that the proposals contained in this rule
will have minimal costs, there are corresponding benefits that exceed
those costs. For the purposes of analysis PHMSA grouped the proposed
amendments by the type of change they implement. These groupings
include Harmonization, Regulatory Clarity/Editorial, Regulatory
Flexibility, and Incorporation of Standards. We discuss qualitatively
the benefits of these groupings below.
Harmonization. PHMSA believes that this proposed set of amendments
aimed at harmonizing the HMR with international standards will increase
standardization and consistency of regulations, which will result in
overall marginal benefits. Adopting these amendments would enhance
transportation safety by increasing the consistency of domestic and
international hazard hazardous materials transportation regulations.
American manufacturers of hazardous materials would also benefit with
continued access to foreign markets. Shippers engaged in domestic and
international commerce, including trans-border shipments within North
America would save money and experience fewer regulatory burdens.
Regulatory Clarity/Editorial. PHMSA believes that this proposed set
of amendments aimed at improving regulatory clarity and making
editorial changes would have no cost but may foster greater compliance
and improved safety. This greater compliance could result in the
benefit of decreased hazardous materials related injuries.
Regulatory Flexibility. PHMSA believes that this proposed set of
amendments aimed at regulatory flexibility would provide alternative
methods of compliance while retaining current HMR requirements. These
alternative methods of compliance would provide an equivalent level of
safety to current requirements. Those stakeholders impacted by these
changes would have the regulatory flexibility to choose the most
beneficial manner of compliance.
Incorporation of Standards. PHMSA believes that this proposed set
of amendments aimed at incorporating consensus industry standards will
have benefits associated with increased clarity and consistency. In
addition, adoption and updating of these standards to current version
will insure the most recent best practices and technology are
implemented.
Conclusion
In this NPRM, we propose to amend miscellaneous provisions in the
HMR to clarify the provisions and to relax overly burdensome
requirements. PHMSA anticipates the proposals contained in this rule
will have marginal economic benefits to the regulated community with
minimal costs. This NPRM is designed to increase the clarity of the
HMR, thereby increasing voluntary compliance while reducing compliance
costs.
C. Executive Order 13132
This proposed rule was analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
proposed rule would preempt State, local, and Indian tribe requirements
but does not propose any regulation that has substantial direct effects
on the states, the relationship between the national government and the
states, or the distribution of power and responsibilities among the
various levels of government. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
The Federal Hazardous Materials Transportation Law, 49 U.S.C.
5125(b)(1), contains an express preemption provision (49 U.S.C.
5125(b)) preempting State, local, and Indian tribe requirements on
certain covered subjects. Covered subjects are:
(i) The designation, description, and classification of hazardous
materials;
(ii) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(iii) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
content, and placement of those documents;
(iv) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials; or
(v) The design, manufacture, fabrication, marking, maintenance,
reconditioning, repair, or testing of a packaging or container which is
represented, marked, certified, or sold as qualified for use in the
transport of hazardous materials.
This proposed rule concerns the classification, packaging, marking,
labeling, and handling of hazardous materials, among other covered
subjects. If adopted, this rule would preempt any State, local, or
Indian tribe requirements concerning these subjects unless the non-
Federal requirements are ``substantively the same'' as the Federal
requirements. (See 49 CFR 107.202(d).)
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.
PHMSA proposes the effective date of Federal preemption be 90 days from
publication of a final rule in this matter in the Federal Register.
D. Executive Order 13175
This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13175
(``Consultation and Coordination with Indian Tribal Governments'').
Because this proposed rule does not have tribal implications and does
not impose substantial direct compliance costs on Indian tribal
governments, the funding and consultation requirements of Executive
Order 13175 do not apply, and a tribal summary impact statement is not
required.
[[Page 42618]]
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines the rule is not expected to have a
significant impact on a substantial number of small entities. This
proposed rule would amend miscellaneous provisions in the HMR to
clarify provisions based on petitions for rulemaking. While maintaining
safety, it would relax certain requirements that are overly burdensome
and provide clarity where requested by the regulated community. The
proposed changes are generally intended to provide relief to shippers,
carriers, and packaging manufacturers, including small entities.
The Regulatory Flexibility Act directs agencies to establish
exceptions and differing compliance standards for small businesses,
where it is possible to do so and still meet the objectives of
applicable regulatory statutes. In the case of hazardous materials
transportation, it is not possible to establish exceptions or differing
standards and still accomplish our safety objectives.
The proposed changes are generally intended to provide relief to
shippers, carriers, and packaging manufactures and testers, including
small entities. Therefore, this proposed rule will not have a
significant economic impact on a substantial number of small entities.
This proposed rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and the DOT's procedures and policies to promote
compliance with the Regulatory Flexibility Act to ensure that potential
impacts of draft rules on small entities are properly considered.
F. Paperwork Reduction Act
This proposed rule does not impose any new information collection
requirements, and in one instance, marginally decreases the information
collection burden on the reregulated community. Specifically, the
following information collection requirement is affected by this
rulemaking:
OMB Control No. 2137-0034: Hazardous Materials Shipping Papers and
Emergency Response Information.
Decrease in Annual Number of Respondents: 1,000.
Decrease in Annual Responses: 1,666,667.
Decrease in Annual Burden Hours: 4,629.
Decrease in Annual Burden Cost: $95,403.69.
PHMSA estimates that no longer requiring the emergency response
number for limited quantity shipments by vessel will reduce the number
of burden hours by 4,629. PHMSA estimates that no longer requiring the
emergency response number on shipping paper will save 10 seconds per
shipping paper and affect 1,666,667 shipments per year. PHMSA estimates
a savings of $.06 per shipment resulting in cost savings of $95,403.69.
Please direct your requests for a copy of this final information
collection to Steven Andrews or T. Glenn Foster, Office of Hazardous
Materials Standards (PHH-12), Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE., 2nd Floor, Washington, DC
20590-0001.
G. Regulatory Identifier Number (RIN)
A regulatory identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
H. Unfunded Mandates Reform Act
This proposed rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$141.3 million or more to either State, local, or tribal governments,
in the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
I. Environmental Assessment
The National Environmental Policy Act, 42 U.S.C. 4321-4375,
requires Federal agencies to analyze proposed actions to determine
whether the action will have a significant impact on the human
environment. The Council on Environmental Quality (CEQ) regulations
require Federal agencies to conduct an environmental review
considering: (1) The need for the proposed action; (2) alternatives to
the proposed action; (3) probable environmental impacts of the proposed
action and alternatives; and (4) the agencies and persons consulted
during the consideration process.
Need for the Proposed Action
In response to petitions for rulemaking submitted by the regulated
community, PHMSA proposes to amend the Hazardous Materials Regulations
(HMR; 49 CFR parts 171-180) to update, clarify, or provide relief from
miscellaneous regulatory requirements. Specifically, PHMSA is proposing
amendments that include, but are not limited to, the following:
Incorporating by Reference (IBR) multiple publications from both the
Compressed Gas Association (CGA) and the Chlorine Institute; addressing
inconsistencies with domestic and international labels and placards;
permitting alternative testing for aerosols; excepting excepted
quantities from the emergency response telephone requirement; allowing
electronic signatures for Environmental Protection Agency (EPA)
manifest forms; and no longer requiring the service pressure to be
marked on Department of Transportation (DOT) 8 and 8L cylinders.
These amendments are intended to promote safety, regulatory relief,
and clarity. The proposed changes were identified in response to
petitions from stakeholders affected by the HMR. These proposed minor
changes will clarify the HMR and enhance safety, while offering some
net economic benefits.
This action is necessary to: (1) Fulfill 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 petitioners and remove
identified regulatory ambiguity; 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 the PHMSA goal of safe
and secure transportation, protecting both people and the environment,
of hazardous materials in commerce.
Alternatives
In proposing this rulemaking, PHMSA is considering the following
alternatives:
Alternative 1: No Action
If PHMSA chose this alternative, it would not proceed with any
rulemaking on this subject and the current regulatory standards would
remain in
[[Page 42619]]
effect. This option would not address outstanding petitions for
rulemaking. We rejected the no action alternative.
Alternative 2: Go Forward With the Proposed Amendments to the HMR in
This NPRM
This alternative is the current proposal as it appears in this
NPRM, applying to transport of hazardous materials by highway, rail,
vessel, and aircraft. The proposed amendments encompassed in this
alternative are more fully addressed in the preamble and regulatory
text sections of the NPRM.
Probable Environmental Impacts of the Alternatives
When developing potential regulatory requirements, PHMSA evaluates
those requirements to consider the environmental impact of each
amendment. Specifically, PHMSA evaluates the: Risk of release and
resulting environmental impact; risk to human safety, including any
risk to first responders; longevity of the packaging; and if the
proposed regulation would be carried out in a defined geographic area,
the resources, especially any sensitive areas, and how they could be
impacted by any proposed regulations. Of the regulatory changes
proposed in this rulemaking, most have been determined to be
clarification, technology/design updates, harmonization, regulatory
flexibility, standard incorporation, or editorial in nature. As such,
these amendments have little or no impact on: The risk of release and
resulting environmental impact; human safety; or longevity of the
packaging. None of these amendments would be carried out in a defined
geographic area, i.e., this is a nation-wide rule making.
Alternative 1: No Action
If PHMSA were to select the No Action Alternative, current
regulations would remain in place, and no new provisions would be
added. However, efficiencies gained through harmonization in updates to
transport standards, lists of regulated substances, definitions,
packagings, markings requirements, shipper requirements, modal
requirements, etc., would not be realized. Foregone efficiencies in the
No Action Alternative 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 NPRM under the No Action
Alternative would result in a lost opportunity for reducing negative
environmental and safety-related impacts. Greenhouse gas emissions
would remain the same under the No Action Alternative.
Alternative 2: Go Forward With the Proposed Amendments to the HMR in
This NPRM:
The Preferred Alternative encompasses enhanced and clarified
regulatory requirements, which would result in increased compliance and
less negative environmental and safety impacts. The table below
summarizes possible environmental benefits and any potential negative
impacts for the amendments proposed in the NPRM. A detailed discussion
on the potential environmental impacts of each type of amendment is
included in the complete EA placed in the docket for this rulemaking.
Summary of Probable Environmental Impacts by Amendments
------------------------------------------------------------------------
Probable
Proposed amendment(s) to HMR Type of environmental
(lettered as above herein) amendment(s) impact(s)
anticipated
------------------------------------------------------------------------
A. Testing for Aerosols......... Harmonization..... No impacts--
slightly positive
benefits.
B. Cargo Tank Specification..... Regulatory Clarity No impacts--
slightly positive
benefits.
C. Chlorine Institute Update No impacts--
Publications. (Publications). slightly positive
benefits.
D. International Label and Harmonization..... Slightly positive
Placard Consistency. benefits.
E. Limited Quantities of Exception......... No impacts.
Ammonium Nitrate by Vessel.
F. Use of Combination Packages Regulatory Very slight,
Tested with a Liquid. Flexibility. negligible, or no
impacts.
G. Shipping Names for Roadway Editorial......... No impacts.
Stripping Vehicles.
H. Toxic by Inhalation (TIH) Regulatory No impacts.
Tank Car Lifespan. Flexibility.
I. Limited Quantity Pallets..... Regulatory No impacts--
Flexibility. slightly positive
benefits.
J. Emergency Response Numbers... Harmonization..... No impacts.
K. Units of Measurement for Harmonization/ No impacts.
Limited Quantities of Ethyl Editorial.
Alcohol.
L. Cylinder Valves and Standard No impacts--
Protection Caps. Incorporation. slightly positive
benefits.
M. Recordkeeping Requirements Regulatory No impacts--
for Portable Tanks. Clarity, slightly positive
Harmonization. benefits.
N. Printing Tolerances for Regulatory Slightly positive
Labels and Placards. Flexibility. benefits.
O. Incorporation of Department Standard Slightly positive--
of Defense (DoD) Standards. Incorporation. moderate
benefits.
P. Definitions for ``Basic Regulatory Clarity No impacts--
Description'' and ``Shipping slightly positive
Description''. impacts.
Q. Service Pressure Marking for Regulatory No impacts.
DOT 8 and DOT 8L Cylinders. Flexibility.
R. Incorporation of CGA Standard No impacts--
Publications. Incorporation. slightly positive
benefits.
S. Use of Electronic Manifest... Update (Technology/ No impacts--
Design), slightly positive
Regulatory benefits.
Flexibility.
T. Marked Date of Manufacture on Harmonization..... No impacts--
Composite IBCs. slightly positive
benefits.
X. Basis Weight Tolerances for Regulatory No impacts.
Liners and Mediums Used in the Flexibility.
Manufacture of Specification UN
4G Boxes.
------------------------------------------------------------------------
[[Page 42620]]
If PHMSA selects the provisions as proposed in this NPRM, we
believe that safety and environmental risks would be reduced and that
protections to human health and environmental resources would be
increased.
Agencies Consulted
This NPRM would affect some PHMSA stakeholders, including hazardous
materials shippers and carriers by highway, rail, vessel, and aircraft,
as well as package manufacturers and testers. PHMSA sought comment on
the environmental assessment contained in the April 26, 2012, NPRM
published under Docket PHMSA 2011-0138 [77 FR 24885] (HM-218G);
however, PHMSA did not receive any comments on the environmental
assessment contained in that rulemaking. In addition, PHMSA sought
comment from the following Federal Agencies and modal partners:
Department of Defense
Environmental Protection Agency
Federal Aviation Administration
Federal Motor Carrier Safety Administration
Federal Railroad Administration
PHMSA did not receive any adverse comments on the amendments
proposed in this NPRM from these Federal Agencies.
Conclusion
The proposed amendments are intended to update, clarify, or provide
relief from certain existing regulatory requirements to promote safer
transportation practices; eliminate unnecessary regulatory
requirements; facilitate international commerce; and make these
requirements easier to understand. These proposed amendments, if
adopted, will foster a greater level of compliance with the HMR and
thus the net environmental impact of this proposal will be slightly
positive.
The provisions of this proposed rule build on current regulatory
requirements to enhance the transportation safety and security of
shipments of hazardous materials transported by highway, rail, aircraft
and vessel, thereby reducing the risks of an accidental or intentional
release of hazardous materials and consequent environmental damage.
PHMSA believes that there are no non-negligible environmental impacts
associated with this proposed rule.
PHMSA welcomes any views, data, or information related to
environmental impacts that may result if the proposed requirements are
adopted, as well as possible alternatives and their environmental
impacts.
J. Privacy Act
Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). DOT posts these comments, without edit, including any
personal information the commenter provides, to www.regulations.gov, as
described in the system of records notice (DOT/ALL-14 FDMS), which can
be reviewed at www.dot.gov/privacy.
K. Executive Order 13609 and International Trade Analysis
Under Executive Order 13609 (``Promoting International Regulatory
Cooperation''), agencies must consider whether the impacts associated
with significant variations between domestic and international
regulatory approaches are unnecessary or may impair the ability of
American business to export and compete internationally. In meeting
shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements.
Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
PHMSA participates in the establishment of international standards
in order to protect the safety of the American public, and we have
assessed the effects of the proposed rule to ensure that it does not
cause unnecessary obstacles to foreign trade. Accordingly, this
rulemaking is consistent with Executive Order 13609 and PHMSA's
obligations under the Trade Agreement Act, as amended.
L. National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) directs Federal agencies to use voluntary consensus
standards in their regulatory activities unless doing so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g. specification of
materials, test methods, or performance requirements) that are
developed or adopted by voluntary consensus standard bodies. This NPRM
does not involve voluntary consensus standards.
List of Subjects
49 CFR Part 171
Definitions and abbreviations, 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, Packaging and containers,
Reporting and recordkeeping requirements, Training.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Reporting
and recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Railroad safety, Reporting and
recordkeeping requirements.
In consideration of the foregoing, we are proposing to amend 49 CFR
chapter I as follows:
[[Page 42621]]
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
1. 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
2. In Sec. 171.7:
0
a. Revise paragraphs (l)(1), (2), and (5);
0
b. Add paragraph (l)(12);
0
c. Revise paragraph (n)(7); and
0
d. Revise paragraph (o).
The revisions and additions read as follows:
Sec. 171.7 Reference material.
* * * * *
(l) * * *
(1) Chlorine Institute Emergency Kit ``A'' for 100-lb. & 150-lb.
Chlorine Cylinders (with the exception of repair method using Device 8
for side leaks), Edition 12, January 2013, into Sec. 173.3.
(2) Chlorine Institute Emergency Kit ``B'' for Chlorine Ton
Containers (with the exception of repair method using Device 9 for side
leaks), Edition 10, January 2009, into Sec. 173.3.
* * * * *
(5) Section 3, Pamphlet 57, Emergency Shut-Off Systems for Bulk
Transfer of Chlorine, Edition 5, Revision 1, March 2009, into Sec.
177.840.
* * * * *
(12) Sections 4 through 6, Pamphlet 168, Guidelines for Dual Valve
Systems for Bulk Chlorine Transport, Edition 1, February 2013, into
Sec. 178.337-9.
* * * * *
(n) * * *
(7) CGA C-7-2014, Guide to Classification and Labeling of
Compressed Gases, Tenth Edition, November 2014, into Sec. 172.400a.
* * * * *
(o) Department of Defense (DoD), DoD Explosives Safety Board, 4800
Mark Center Drive, Suite 16E12, Alexandria, VA 22350, https://www.ddesb.pentagon.mil/; or Defense Logistics Agency, Technical and
Quality Assurance Division, 8725 John J. Kingman Rd., Fort Belvoir, VA
22060, http://www.dla.mil/Pages/default.aspx.
(1) DOD TB 700-2; NAVSEAINST 8020.8C; TO 11A-1-47: Ammunition and
Explosives Hazard Classification Procedures, July 30, 2012, into Sec.
173.56.
(2) DOD DLAR 4145.41/AR 700-143/NAVSUPINST 4030.55D/AFMAN 24-
210_IP/MCO 4030.40C: Packaging of Hazardous Material, April 21, 2015,
into Sec. 173.7.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
3. 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
4. In Sec. 172.205, paragraph (j) is added to read as follows:
Sec. 172.205 Hazardous waste manifest.
* * * * *
(j) Electronic manifests that are obtained, completed, and
transmitted in accordance with 40 CFR 262.20(a)(3), and used in
accordance with Sec. 262.24 in lieu of EPA Forms 8700-22 and 8700-22A
are the legal equivalent of paper manifest forms bearing handwritten
signatures, and satisfy for all purposes any requirements in these
regulations to obtain, complete, sign, provide, use, or retain a
manifest. Electronic signatures in conformance with 40 CFR 262.25 are
therefore acceptable in lieu of handwritten signatures required by
paragraphs (c) and (d) of this section provided one printed copy of the
electronic manifest bearing the electronic signature is provided to the
initial transporter as required by 40 CFR 262.24(d).
0
5. In Sec. 172.407, paragraphs (c) and (f) are revised to read as
follows:
Sec. 172.407 Label specifications.
* * * * *
(c) Size. (1) Each diamond (square-on-point) label prescribed in
this subpart must be at least 100 mm (3.9 inches) on each side with
each side having a solid line inner border approximately 5 mm inside
and parallel to the edge. The 5 mm measurement must be located from the
outside edge of the label to the outside of the solid line forming the
inner border. The width of the solid line forming the inner border must
be at least 2 mm.
(i) If the size of the package so requires, the dimensions of the
label and its features may be reduced provided the symbol and other
elements of the label remain clearly visible. The solid line forming
the inner border must remain approximately 5 mm from the outside edge
of the label and the minimum width of the line must remain 2 mm.
(ii) Where dimensions are not specified, all features shall be in
approximate proportion to those shown in Sec. Sec. 172.411 through
172.448 of this subpart, as appropriate.
(iii) Transitional exception--A label in conformance with the
requirements of this paragraph in effect on December 31, 2014, may
continue to be used until December 31, 2016.
(iv) For domestic transportation, a packaging labeled prior to
January 1, 2017 and in conformance with the requirements of this
paragraph in effect on December 31, 2014, may continue in service until
the end of its useful life.
(2) The CARGO AIRCRAFT ONLY label must be a rectangle measuring at
least 110 mm (4.3 inches) in height by 120 mm (4.7 inches) in width.
The words ``CARGO AIRCRAFT ONLY'' must be shown in letters measuring at
least 6.3 mm (0.25 inches) in height.
(3) Except as otherwise provided in this subpart, the hazard class
number, or division number, as appropriate, must be at least 6.3 mm
(0.25 inches) and not greater than 12.7 mm (0.5 inches).
(4) When text indicating a hazard is displayed on a label, the
label name must be shown in letters measuring at least 7.6 mm (0.3
inches) in height. For SPONTANEOUSLY COMBUSTIBLE or DANGEROUS WHEN WET
labels, the words ``Spontaneously'' and ``When Wet'' must be shown in
letters measuring at least 5.1 mm (0.2 inches) in height.
(5) The symbol on each label must be proportionate in size to that
shown in the appropriate section of this subpart.
* * * * *
(f) Exceptions. Except for materials poisonous by inhalation (see
Sec. 171.8 of this chapter), a label conforming to specifications in
the UN Recommendations, the ICAO Technical Instructions, the IMDG Code,
or the Transport Canada TDG Regulations (IBR, see Sec. 171.7 of this
chapter) may be used in place of a corresponding label that conforms to
the requirements of this subpart.
* * * * *
0
6. In Sec. 172.519, paragraphs (c) and (f) are revised to read as
follows:
Sec. 172.519 General specifications for placards.
* * * * *
(c) Size. (1) Each diamond (square-on-point) placard prescribed in
this subpart must measure at least 250 mm (9.84 inches) on each side
and must have a solid line inner border approximately 12.5 mm inside
and parallel to the edge. The 12.5 mm measurement is from the outside
edge of the placard to the outside of the solid line forming the inner
border.
(i) Transitional exceptions. A placard in conformance with the
requirements of this paragraph in effect on December
[[Page 42622]]
31, 2014, may continue to be used until December 31, 2016.
(ii) For domestic transportation, a placard manufactured prior to
January 1, 2017 in conformance with the requirements of this paragraph
in effect on December 31, 2014, may continue in service until the end
of its useful life provided the color tolerances are maintained and are
in accordance with the display requirements of this chapter.
(2) Except as otherwise provided in this subpart, the hazard class
or division number, as appropriate, must be shown in numerals measuring
at least 41 mm (1.6 inches) in height.
(3) Except as otherwise provided in this subpart, when text
indicating a hazard is displayed on a placard, the printing must be in
letters measuring at least 41 mm (1.6 inches) in height.
* * * * *
(f) Exceptions. When hazardous materials are offered for
transportation or transported under the provisions of subpart C of part
171 of this chapter, a placard conforming to the specifications in the
UN Recommendations, the ICAO Technical Instructions, the IMDG Code, or
the Transport Canada TDG Regulations (IBR, see Sec. 171.7 of this
chapter) may be used in place of a corresponding placard conforming to
the requirements of this subpart. However, a bulk packaging, transport
vehicle, or freight container containing a material poisonous by
inhalation (see Sec. 171.8 of this chapter) must be placarded in
accordance with this subpart (see Sec. 171.23(b)(10) of this chapter).
* * * * *
0
7. In Sec. 172.604, paragraph (d) is revised to read as follows:
Sec. 172.604 Emergency response telephone number.
* * * * *
(d) The requirements of this section do not apply to--
(1) Hazardous materials that are offered for transportation under
the provisions applicable to limited quantities or excepted quantities;
or
(2) Materials properly described under the following shipping
names:
Battery powered equipment.
Battery powered vehicle.
Carbon dioxide, solid.
Castor bean.
Castor flake.
Castor meal.
Castor pomace.
Consumer commodity.
Dry ice.
Engines, internal combustion.
Fish meal, stabilized.
Fish scrap, stabilized.
Krill Meal, PG III.
Refrigerating machine.
Vehicle, flammable gas powered.
Vehicle, flammable liquid powered.
Wheelchair, electric.
(3) Transportation vehicles or freight containers containing lading
that has been fumigated and displaying the FUMIGANT marking (see Sec.
172.302(g)) as required by Sec. 173.9 of this chapter, unless other
hazardous materials are present in the cargo transport unit.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
8. 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
9. In Sec. 173.5a, paragraph (c)(1) is revised to read as follows:
Sec. 173.5a Oilfield service vehicles, mechanical displacement meter
provers, and roadway striping vehicles exceptions.
* * * * *
(c) * * *
(1) Authorized materials. Only the hazardous materials listed in
the table below may be transported in roadway striping vehicles. Cargo
tanks may not be filled to a capacity that would be greater than liquid
full at 130[emsp14][deg]F.
Hazardous Materials Description
----------------------------------------------------------------------------------------------------------------
Hazard class/
Proper shipping name division Identification No. Packing group
----------------------------------------------------------------------------------------------------------------
Adhesives, containing a flammable 3 UN1133..................... II
liquid.
Paint including paint, lacquer, 3 UN1263..................... II
enamel, stain, shellac solution,
varnish, polish, liquid filler,
and liquid lacquer base.
Paint related material including 3 UN1263..................... II
paint thinning drying, removing,
or reducing compound.
Flammable liquids, n.o.s.\a\....... 3 UN1993..................... II
Gasoline........................... 3 UN1203..................... II
Acetone \b\........................ 3 UN1090..................... II
Dichloromethane \b\................ 6.1 UN1593..................... III
Ethyl methyl ketone or Methyl ethyl 3 UN1193..................... II
ketone \b\.
Ethyl acetate \b\.................. 3 UN1173..................... II
Methanol \b\....................... 3 UN1230..................... II
Organic peroxide type E, liquid 5.2 UN3107..................... NA
(Dibenzoyl peroxide) \c\.
Petroleum distillates, n.o.s. or 3 UN1268..................... III
Petroleum products, n.o.s.\b\.
1,1,1-Trichloroethane \b\.......... 6.1 UN2831..................... III
Toluene \b\........................ 3 UN1294..................... II
Xylenes \b\........................ 3 UN1307..................... II, III
Environmentally hazardous 9 UN3082..................... III
substance, liquid, n.o.s.\c\.
Corrosive liquid, basic, organic, 8 UN3267..................... III
n.o.s.\c\.
Corrosive liquids, n.o.s.\c\....... 8 UN1760..................... III
Elevated temperature liquid, 9 UN3257..................... III
n.o.s., at or above 100 [deg]C and
below its flash point (including
molten metals, molten salts, etc.)
\d\.
Amines, liquid, corrosive, 8 UN2735..................... III
n.o.s.\c\ or Polyamines, liquid,
corrosive, n.o.s.\c\.
----------------------------------------------------------------------------------------------------------------
\a\: Adhesive containing ethyl acetate.
\b\: Solvent.
\c\: Catalyst.
\d\: Thermoplastic material non-hazardous at room temperature.
[[Page 42623]]
* * * * *
0
10. In Sec. 173.24a, revise paragraphs (b)(1) and (3) to read as
follows:
Sec. 173.24a Additional general requirements for non-bulk packagings
and packages.
* * * * *
(b) * * *
(1) A single or composite non-bulk packaging may be filled with a
liquid hazardous material only when the specific gravity of the
material or gross mass of the package does not exceed that marked on
the packaging, or a specific gravity of 1.2 if not marked, except as
follows:
(i) A Packing Group I packaging may be used for a Packing Group II
material with a specific gravity not exceeding the greater of 1.8, or
1.5 times the specific gravity or gross mass of the package marked on
the packaging, provided all the performance criteria can still be met
with the higher specific gravity material;
(ii) A Packing Group I packaging may be used for a Packing Group
III material with a specific gravity not exceeding the greater of 2.7,
or 2.25 times the specific gravity or gross mass of the package marked
on the packaging, provided all the performance criteria can still be
met with the higher specific gravity material; and
(iii) A Packing Group II packaging may be used for a Packing Group
III material with a specific gravity not exceeding the greater of 1.8,
or 1.5 times the specific gravity or gross mass of the package marked
on the packaging, provided all the performance criteria can still be
met with the higher specific gravity material.
* * * * *
(3) A single or composite non-bulk packaging which is tested and
marked for liquid hazardous materials may be filled with a solid
hazardous material to a gross mass, in kilograms, not exceeding the
rated capacity of the packaging in liters, or gross mass of the
package, multiplied by the specific gravity or gross mass of the
package marked on the packaging, or 1.2 if not marked. In addition:
(i) A single or composite non-bulk packaging which is tested and
marked for Packing Group I liquid hazardous materials may be filled
with a solid Packing Group II hazardous material to a gross mass, in
kilograms, not exceeding the rated capacity of the packaging in liters,
or gross mass of the package, multiplied by 1.5, multiplied by the
specific gravity or gross mass of the package marked on the packaging,
or 1.2 if not marked.
(ii) A single or composite non-bulk packaging which is tested and
marked for Packing Group I liquid hazardous materials may be filled
with a solid Packing Group III hazardous material to a gross mass, in
kilograms, not exceeding the rated capacity of the packaging in liters,
or gross mass of the package, multiplied by 2.25, multiplied by the
specific gravity or gross mass of the package marked on the packaging,
or 1.2 if not marked.
(iii) A single or composite non-bulk packaging which is tested and
marked for Packing Group II liquid hazardous materials may be filled
with a solid Packing Group III hazardous material to a gross mass, in
kilograms, not exceeding the rated capacity of the packaging in liters,
or gross mass of the package, multiplied by 1.5, multiplied by the
specific gravity or gross mass of the package marked on the packaging,
or 1.2 if not marked.
* * * * *
0
11. In Sec. 173.31, paragraph (e) is revised to read as follows:
Sec. 173.31 Use of tank cars.
* * * * *
(e) Special requirements for materials poisonous by inhalation--(1)
Interior heater coils. Tank cars used for materials poisonous by
inhalation may not have interior heater coils.
(2) Tank car specifications. A tank car used for a material
poisonous by inhalation must have a tank test pressure of 20.7 Bar (300
psig) or greater, head protection, and a metal jacket (e.g., DOT
105S300W), except that--
(i) A higher test pressure is required if otherwise specified in
this chapter; and
(ii) Each tank car constructed on or after March 16, 2009, and used
for the transportation of PIH materials must meet the applicable
authorized tank car specifications and standards listed in Sec.
173.244(a)(2) or (3) and Sec. 173.314(c) or (d).
(iii) [Reserved]
(iv) A tank car owner retiring or otherwise removing a tank car
from service transporting materials poisonous by inhalation, other than
because of damage to the car, must retire or remove cars constructed of
non-normalized steel in the head or shell before removing any car in
service transporting materials poisonous by inhalation constructed of
normalized steel meeting the applicable DOT specification.
* * * * *
0
12. In Sec. 173.150, paragraph (g) is revised to read as follows:
Sec. 173.150 Exceptions for Class 3 (flammable and combustible
liquids).
* * * * *
(g) Limited quantities of retail products containing ethyl alcohol.
(1) Beverages, food, cosmetics and medicines, medical screening
solutions, and concentrates sold as retail products containing ethyl
alcohol classed as a flammable liquid or flammable solid containing not
more than 70% ethyl alcohol by volume for liquids, by weight for solids
are excepted from the HMR provided that:
(i) For non-glass inner packagings:
(A) The volume does not exceed 16 fluid ounces (473 mL) in capacity
for liquids; or
(B) For volumes greater than 16 fluid ounces (473 mL) but not
exceeding 1 gallon (5 L) the company name and the words ``Contains
Ethyl Alcohol'' are marked on the package;
(C) Solids containing ethyl alcohol may be packaged in non-glass
inner packagings not exceeding 1 pounds (.45 kg) capacity;
(D) For weight greater than 1 pounds (.45 kg) up to 8 pounds (3.6
kg) the company name and the words ``Contains Ethyl Alcohol'' are
marked on the package.
(ii) For glass inner packagings:
(A) The volume does not exceed 8 fluid ounces (236 mL) in capacity;
or
(B) For volumes greater than 8 fluid ounces (236 mL) to 16 fluid
ounces (473 mL) the company name and the words ``Contains Ethyl
Alcohol'' are marked on the package;
(C) Solids containing ethyl alcohol may be packaged in glass inner
packagings not exceeding \1/2\ pounds (.23 kg);
(D) For weight greater than \1/2\ pound (.23 kg) up to 1 pounds
(.45 kg) the company name and the words ``Contains Ethyl Alcohol'' are
marked on the package.
(iii) The net liquid contents of all inner packagings in any single
outer packaging may not exceed 192 fluid ounces (5.6 liters). The net
solid contents of all inner packagings in any single outer packaging
may not exceed 32 pounds (14.5 kg). The gross weight of any single
outer package shipped may not exceed 65 pounds (29.4 kg); Inner
packagings must be secured and cushioned within the outer package to
prevent breakage, leakage, and movement.
(2) Beverages, food, cosmetics and medicines, medical screening
solutions, and concentrates sold as retail products containing ethyl
alcohol classed as a flammable liquid or flammable solid containing
more than 70% ethyl alcohol by volume, by weight for solids are
excepted from the HMR provided that:
[[Page 42624]]
(i) For inner packagings containing liquids the volume does not
exceed 8 fluid ounces (250 mL) in capacity;
(ii) Solids containing ethyl alcohol are not packed in inner
packagings exceeding \1/2\ pound (0.23 kg) in weight;
(iii) The net liquid contents of all inner packagings in any single
outer packaging may not exceed 192 fluid ounces (5.6 liters). The net
solid contents of all inner packagings in any single outer packaging
may not exceed 32 pounds (14.5 kg). The gross weight of any single
outer package shipped may not exceed 65 pounds (29.4 kg). Inner
packagings must be secured and cushioned within the outer package to
prevent breakage, leakage, and movement.
(3) For transportation by passenger or cargo aircraft, no outer
package may be transported which contains an inner packaging exceeding:
(i) 16 fluid ounces (473 mL) of flammable liquid; or
(ii) 1 pound (0.45 kg) of solids containing flammable liquid.
* * * * *
0
13. In Sec. 173.156, paragraph (b) is revised to read as follows:
Sec. 173.156 Exceptions for limited quantity and ORM.
* * * * *
(b) Packagings for limited quantity and ORM-D are specified
according to hazard class in Sec. Sec. 173.150 through 173.155,
173.306 and 173.309(b). In addition to exceptions provided for limited
quantity and ORM-D materials elsewhere in this part, the following are
provided:
(1) Strong outer packagings as specified in this part, marking
requirements specified in subpart D of part 172 of this chapter, and
the 30 kg (66 pounds) gross weight limitation when--
(i) Unitized in cages, carts, boxes or similar overpacks;
(ii) Offered for transportation or transported by:
(A) Rail;
(B) Private or contract motor carrier; or
(C) Common carrier in a vehicle under exclusive use for such
service; and
(iii) Transported to or from a manufacturer, a distribution center,
or a retail outlet, or transported to a disposal facility from one
offeror.
(2) The 30 kg (66 pounds) gross weight limitation does not apply to
packages of limited quantity materials marked in accordance with Sec.
172.315 of this chapter, or, until December 31, 2020, materials classed
and marked as ORM-D and described as a Consumer commodity, as defined
in Sec. 171.8 of this chapter, when offered for transportation or
transported by highway or rail between a manufacturer, a distribution
center, and a retail outlet provided--
(i) Inner packagings conform to the quantity limits for inner
packagings specified in Sec. Sec. 173.150(b), 173.152(b), 173.154(b),
173.155(b), 173.306(a) and (b), and 173.309(b), as appropriate;
(ii) The inner packagings are packed into corrugated fiberboard
trays to prevent them from moving freely;
(iii) The trays are placed in a fiberboard box which is banded and
secured to a metal, plastic, composite, or wooden pallet by metal,
fabric, or plastic straps, to form a single palletized unit;
(iv) The package conforms to the general packaging requirements of
subpart B of this part; and
(v) The maximum net quantity of hazardous material permitted on one
palletized unit is 250 kg (550 pounds).
* * * * *
0
14. In Sec. 173.301, paragraphs (a)(11) and (12) are added 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.
* * * * *
(a) * * *
(11) Cylinder valves manufactured on or after May 4, 2015, used on
cylinders to transport compressed gases must conform to the
requirements in CGA V-9-2012. A valve for a UN pressure receptacle must
conform to the requirements of Sec. 173.301b(c)(1).
(12) Cylinder valve protection caps manufactured on or after May 4,
2015, must conform to the requirements of CGA V-9-2012. Cylinder valve
protection caps used on UN cylinders must conform to the requirements
in Sec. 173.301b(c)(2)(ii).
* * * * *
PART 176--CARRIAGE BY VESSEL
0
15. 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
16. In Sec. 176.415, paragraph (b)(5) is added to read as follows:
Sec. 176.415 Permit requirements for Division 1.5, ammonium nitrates,
and certain ammonium nitrate fertilizers.
* * * * *
(b) * * *
(5) Ammonium nitrate, Division 5.1 (oxidizer) UN1942, shipped as a
limited quantity, if the nearest COTP is notified at least 24 hours in
advance of any loading or unloading in excess of 454 kg (1,000 pounds).
* * * * *
PART 178--SPECIFICATIONS FOR PACKAGINGS
0
17. 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
18. In Sec. 178.35, paragraph (f)(7) is added to read as follows:
Sec. 178.35 General requirements for specification cylinders.
* * * * *
(f) * * *
(7) Marking exceptions. A DOT 4 or 4AL cylinder is not required to
be marked with the service pressure.
* * * * *
0
19. In Sec. 178.337-9, paragraph (b)(8) is revised as follows:
Sec. 178.337-9 Pressure relief devices, piping, valves, hoses and
fittings.
* * * * *
(b) * * *
(8) Chlorine cargo tanks. Angle valves on cargo tanks intended for
chlorine service must conform to the standards of the Chlorine
Institute, Inc., Dwg. 104-8 or ``Section 3, Pamphlet 166, Angle Valve
Guidelines for Chlorine Bulk Transportation'' or ``Sections 4 through
6, Pamphlet 168, Guidelines for Dual Valve Systems for Bulk Chlorine
Transport, Edition 1, February 2013'' (IBR, see Sec. 171.7 of this
chapter). Before installation, each angle valve must be tested for
leakage at not less than 225 psig using dry air or inert gas.
0
20. In Sec. 178.516, paragraph (b)(7) is revised to read as follows:
Sec. 178.516 Standards for fiberboard boxes.
* * * * *
(b) * * *
(7) Authorization to manufacture, mark, and sell UN4G combination
packagings with outer fiberboard boxes and with inner fiberboard
components that have individual containerboard or paper wall basis
weights that vary by not more than plus or minus 10% from the nominal
basis weight reported in the initial design qualification test report.
0
21. In Sec. 178.703, paragraph (b)(6) is revised to as follows:
Sec. 178.703 Marking of IBCs.
* * * * *
(b) * * *
(6) For each composite IBC, the inner receptacle must be marked
with at least the following information:
(i) The code number designating the IBC design type, the name and
address
[[Page 42625]]
or symbol of the manufacturer, the date of manufacture and the country
authorizing the allocation of the mark as specified in paragraph (a) of
this section. The date of manufacture of the inner receptacle may be
different from the marked date of manufacture required by Sec.
178.703(a)(1)(iv) or by Sec. 180.352(d)(1)(iv) of this chapter
provided that the retest and inspection of the IBCs be based on the
earliest marked date; and
(ii) When a composite IBC is designed in such a manner that the
outer casing is intended to be dismantled for transport when empty
(such as, for the return of the IBC for reuse to the original
consignor), each of the parts intended to be detached when so
dismantled must be marked with the month and year of manufacture and
the name or symbol of the manufacturer.
* * * * *
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
22. 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
23. In Sec. 180.407, paragraph (g)(1)(iv) is revised to read as
follows:
Sec. 180.407 Requirements for test and inspection of specification
cargo tanks.
* * * * *
(g) * * *
(1) * * *
(iv) Each cargo tank must be tested hydrostatically or
pneumatically to the internal pressure specified in the following
table. At no time during the pressure test may a cargo tank be subject
to pressures that exceed those identified in the following table:
----------------------------------------------------------------------------------------------------------------
Specification Test pressure
----------------------------------------------------------------------------------------------------------------
MC 300, 301, 302, 303, 305, 306.................................. The test pressure on the name plate or
specification plate, 20.7 kPa (3 psig) or
design pressure, whichever is greater.
MC 304, 307...................................................... The test pressure on the name plate or
specification plate, 275.8 kPa (40 psig) or
1.5 times the design pressure, whichever is
greater.
MC 310, 311, 312................................................. The test pressure on the name plate or
specification plate, 20.7 kPa (3 psig) or
1.5 times the design pressure, whichever is
greater.
MC 330, 331...................................................... The test pressure on the name plate or
specification plate, 1.5 times either the
MAWP or the re-rated pressure, whichever is
applicable.
MC 338........................................................... The test pressure on the name plate or
specification plate, 1.25 times either the
MAWP or the re-rated pressure, whichever is
applicable.
DOT 406.......................................................... The test pressure on the name plate or
specification plate, 34.5 kPa (5 psig) or
1.5 times the MAWP, whichever is greater.
DOT 407.......................................................... The test pressure on the name plate or
specification plate, 275.8 kPa (40 psig) or
1.5 times the MAWP, whichever is greater.
DOT 412.......................................................... The test pressure on the name plate or
specification plate, 1.5 times the MAWP.
----------------------------------------------------------------------------------------------------------------
* * * * *
0
24. In Sec. 180.605, paragraph (l) is revised to read as follows:
Sec. 180.605 Requirements for periodic testing, inspection and repair
of portable tanks.
* * * * *
(l) Record retention. (1) The owner of each portable tank or his
authorized agent shall retain a written record of the date and results
of all required inspections and tests, including an ASME manufacturer's
date report, if applicable, and the name and address of the person
performing the inspection or test, in accordance with the applicable
specification. The manufacturer's data report, including a
certificate(s) signed by the manufacturer, and the authorized design
approval agency, as applicable, indicating compliance with the
applicable specification of the portable tank, and related papers
certifying that the portable tank was manufactured and tested in
accordance with the applicable specification must be retained in the
files of the owner, or his authorized agent, during the time that such
portable tank is used for such service, except for Specifications 56
and 57 portable tanks.
(2) If the owner does not have the manufacturer's certificate
required by the specification and the manufacturer's data report
required by the ASME, the owner may contact the National Board for a
copy of the manufacturer's data report, if the portable tank was
registered with the National Board, or copy the information contained
on the portable tanks specification plate and ASME Code data plates.
Issued in Washington, DC, on June 23, 2016, under authority
delegated in 49 CFR 1.97.
William Schoonover,
Acting Associate Administrator for Hazardous Materials Safety, Pipeline
and Hazardous Materials Safety Administration.
[FR Doc. 2016-15303 Filed 6-29-16; 8:45 am]
BILLING CODE 4910-60-P