83 FR 55792 - Hazardous Materials: Response to Petitions From Industry To Modify, Clarify, or Eliminate Regulations
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration Federal Register Volume 83, Issue 216 (November 7, 2018)
Pipeline and Hazardous Materials Safety Administration
Federal Register Volume 83, Issue 216 (November 7, 2018)
| Page Range | 55792-55811 | |
| FR Document | 2018-23965 |
[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)] [Rules and Regulations] [Pages 55792-55811] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23965] [[Page 55791]] Vol. 83 Wednesday, No. 216 November 7, 2018 Part II Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration ----------------------------------------------------------------------- 49 CFR Parts 171, 172, et al. Hazardous Materials: Response to Petitions From Industry To Modify, Clarify, or Eliminate Regulations; Final Rule Federal Register / Vol. 83 , No. 216 / Wednesday, November 7, 2018 / Rules and Regulations [[Page 55792]] ----------------------------------------------------------------------- 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: Response to Petitions From Industry To Modify, Clarify, or Eliminate Regulations AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this rulemaking, PHMSA is amending the Hazardous Materials Regulations in response to 19 petitions for rulemaking submitted by the regulated community to update, clarify, streamline, or provide relief from miscellaneous regulatory requirements. By adopting these deregulatory amendments, PHMSA is allowing more efficient and effective ways of transporting hazardous materials in commerce while maintaining an equivalent level of safety. DATES: Effective date: This rule is effective December 7, 2018. Incorporation by reference date: The incorporation by reference of certain publications listed in this final rule is approved by the Director of the Federal Register as of December 7, 2018. Voluntary compliance date: November 7, 2018. Delayed compliance date: Unless otherwise specified, compliance with the amendments adopted in this final rule is required beginning November 7, 2019. FOR FURTHER INFORMATION CONTACT: Steven Andrews, (202) 366-8553, [email protected], 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. Executive Summary II. Background A. Notice of Proposed Rulemaking B. Commenters III. Discussion of Amendments and Applicable Comments A. General Comments B. Comments Beyond the Scope of This Rulemaking C. Provisions Not Adopted in This Final Rule and Discussion of Comments D. Provisions Adopted in This Final Rule and Discussion of Comments 1. Cargo Tank Specification 2. Chlorine Institute Publications 3. International Label and Placard Consistency 4. Limited Quantities of Ammonium Nitrate by Vessel 5. Use of Combination Packages Tested With a Liquid 6. Shipping Names for Roadway Striping Vehicles 7. Toxic by Inhalation Tank Car Lifespan 8. Limited Quantity Pallets 9. Emergency Response Numbers 10. Units of Measurement for Limited Quantities of Ethyl Alcohol 11. Cylinder Valves and Protection Caps 12. Recordkeeping Requirements for Portable Tanks 13. Printing Tolerances for Labels and Placards 14. Incorporation of Department of Defense Standards 15. Service Pressure Marking for DOT 8 and DOT 8L Cylinders 16. Incorporation of CGA Publication 17. Use of Electronic Manifest 18. Marked Date of Manufacture on Composite IBCs 19. Basis Weight Tolerances for Liners and Mediums Used in the Manufacture of Specification UN 4G Fiberboard Boxes IV. Section-by-Section Review V. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Rulemaking B. Executive Order 12866, Executive Order 13563, Executive Order 13610, Executive Order 13771, and DOT Regulatory Policies and Procedures C. Executive Order 13132 D. Executive Order 13175 E. Regulatory Flexibility Act, Executive Order 13272, and DOT Procedures and Policies F. Paperwork Reduction Act G. Regulation Identifier Number (RIN) H. Unfunded Mandates Reform Act I. Environmental Assessment J. Privacy Act K. Executive Order 13609 and International Trade Analysis L. National Technology Transfer and Advancement Act List of Subjects I. Executive Summary In response to petitions for rulemaking submitted by the regulated community, PHMSA is amending the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to update, clarify, streamline, or provide relief from miscellaneous regulatory requirements. Specifically, PHMSA is:Incorporating by Reference (IBR) multiple publications from the Compressed Gas Association (CGA), the Chlorine Institute, and the Department of Defense (DoD). Revising the table in Sec. 180.407(g)(1)(iv) to make this section consistent with the applicable packaging specification (e.g., Sec. 178.347). Addressing inconsistencies with domestic and international labels and placards. Revising Sec. 173.150(g) include the use of the International System of Units (SI). Excepting 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. Allowing for combination non-bulk packagings that are tested and marked for a liquid hazardous material to be filled with a solid hazardous material. Including an additional hazardous material description for transport in roadway striping vehicles. Extending the service life of interim compliant toxic inhalation hazard (TIH) tank cars to the full service life of all other tank cars. Allowing the use of plastic, metal, or composite pallets to transport materials classed and marked as limited quantities. No longer mandating that excepted quantities comply with the emergency response telephone requirement. Harmonizing the recordkeeping requirements for portable tanks. Allowing for printing tolerances for labels and placards. Allowing electronic signatures for Environmental Protection Agency (EPA) manifest forms. No longer requiring the service pressure to be marked on Department of Transportation (DOT) 8 and 8L cylinders. Acknowledging 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. Revising the basis weight tolerance for fiberboard boxes from +/- 5% to +/- 10% from the nominal basis weight reported in the initial design qualification test report. II. Background A. Notice of Proposed Rulemaking On June 30, 2016, PHMSA (also ``we'' or ``us'') published in the Federal Register a notice of proposed rulemaking (NPRM) titled, ``Hazardous Materials: Miscellaneous Petitions for Rulemaking (RRR)'' under Docket No. PHMSA-2016-0102 (HM-219A). This deregulatory rulemaking action is part of PHMSA's retrospective review efforts that are designed to identify ways to improve the HMR. [[Page 55793]] 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. See 5 U.S.C. 553(e). PHMSA's rulemaking procedure regulations in 49 CFR 106.95 establish a process for persons to ask PHMSA to add, amend, or delete a regulation by filing a petition for rulemaking containing adequate support for the requested action. The HM-219A NPRM responded to 19 petitions for rulemaking submitted to PHMSA by various stakeholders. In the NPRM, we proposed to amend the HMR to update, clarify, or provide relief from miscellaneous regulatory requirements at the request of the regulated community. PHMSA received 26 public comments in response to the above amendments proposed in the June 30, 2016 NPRM. These comments are discussed in further detail in this final rule. B. Commenters The comment period for the June 30, 2016, NPRM closed on August 29, 2016. PHMSA received a total of 26 comments from 25 separate entities, seven of which submitted petitions discussed in the NPRM. PHMSA developed this final rule in consideration of the comments received to the public docket. The comments submitted to this docket may be accessed via http://www.regulations.gov. The following persons, companies, and associations submitted comments to the HM-219A NPRM: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Aaron Adamczyk......................... https://www.regulations.gov/document?D=PHMSA-2015-0102-0011 0011. Alaska Airlines........................ https://www.regulations.gov/document?D=PHMSA-2015-0102-0010 0010. American Chemistry Council (ACC)....... https://www.regulations.gov/document?D=PHMSA-2015-0102-0016 0016. Association of American Railroads (AAR) https://www.regulations.gov/document?D=PHMSA-2015-0102-0022 0022. Association of Hazmat Shippers, Inc. https://www.regulations.gov/ (AHS). document?D=PHMSA-2015-0102- 0024. Clifford Bartley....................... https://www.regulations.gov/document?D=PHMSA-2015-0102-0026 0026. Council on Safe Transportation of https://www.regulations.gov/ Hazardous Articles (COSTHA). document?D=PHMSA-2015-0102- 0023. Dangerous Goods Advisory Council (DGAC) https://www.regulations.gov/document?D=PHMSA-2015-0102-0025 0025. Daniel Shelton......................... https://www.regulations.gov/document?D=PHMSA-2015-0102-0004 0004. Donald Hausmann........................ https://www.regulations.gov/document?D=PHMSA-2015-0102-0007 0007. Dow Chemical Company (Dow)............. https://www.regulations.gov/document?D=PHMSA-2015-0102-0015 0015. Fibre Box Association.................. https://www.regulations.gov/document?D=PHMSA-2015-0102-0006 0006. Healthcare Distribution Alliance (HDA). https://www.regulations.gov/document?D=PHMSA-2015-0102-0018 0018. Institute of Makers of Explosives (IME) https://www.regulations.gov/document?D=PHMSA-2015-0102-0013 0013. International Vessel Operators https://www.regulations.gov/ Dangerous Goods Association (IVODGA). document?D=PHMSA-2015-0102- 0020. Mark Borth............................. https://www.regulations.gov/document?D=PHMSA-2015-0102-0027 0027. National Propane Gas Association (NPGA) https://www.regulations.gov/document?D=PHMSA-2015-0102-0021 0021. Norris Cylinder........................ https://www.regulations.gov/document?D=PHMSA-2015-0102-0002 0002. Norris Cylinder........................ https://www.regulations.gov/document?D=PHMSA-2015-0102-0003 0003. Railway Supply Institute (RSI)--Railway https://www.regulations.gov/ Supply Institute Committee on Tank document?D=PHMSA-2015-0102- Cars (RSICTC). 0014. Reusable Industrial Packaging https://www.regulations.gov/ Association (RIPA). document?D=PHMSA-2015-0102- 0028. The Chlorine Institute................. https://www.regulations.gov/document?D=PHMSA-2015-0102-0019 0019. The Fertilizer Institute (TFI)......... https://www.regulations.gov/document?D=PHMSA-2015-0102-0017 0017. Truck Trailer Manufacturers Association https://www.regulations.gov/ (TTMA). document?D=PHMSA-2015-0102- 0012. VWR International, LLC................. https://www.regulations.gov/document?D=PHMSA-2015-0102-0005 0005. William Briner......................... https://www.regulations.gov/document?D=PHMSA-2015-0102-0008 0008. ------------------------------------------------------------------------ III. Discussion of Amendments and Applicable Comments Section III discusses the proposals that are being adopted, as well as those not being adopted, into the HMR as part of this rulemaking. A. General Comments This final rule, and the NPRM that preceded it, are part of PHMSA's retrospective regulatory review efforts, and is in response to petitions for rulemaking by the regulated community. Its intent is to update, clarify, or provide relief from miscellaneous regulatory requirements. The NPRM provided an opportunity for further public participation in the development of the regulatory amendments and promoted exchange of information and perspectives among the various stakeholders. PHMSA received comments from 25 entities. The comments were comprehensive and raised important issues to be addressed. PHMSA fully considered all comments in the development of this final rule. This final rule preamble contains a detailed description of the original proposals in the June 30, 2016 NPRM, a summary of the comments received, a response to those comments, and an explanation of PHMSA's decisions for each petition proposed in the NPRM. B. Comments Beyond the Scope of This Rulemaking This section discusses the comments to the HM-219A NPRM that provided suggestions for additional revisions that were not specifically addressed in the NPRM. Based on an assessment of the proposed changes and the comments received, PHMSA identified two comments as beyond the scope of this rulemaking action. PHMSA received a comment from the Association of American Railroads (AAR) related to petition P-1646 and the phase out of tank cars constructed of non-normalized steel. While PHMSA has accepted this petition for a future rulemaking, it is not being addressed in this final rule. PHMSA will use AAR's comments if a future NPRM is developed on the referenced petition P-1646. PHMSA also received a comment from Mr. Adam Adamczyk, who suggested that PHMSA incorporate by reference numerous standards from the American National Standards Institute (ANSI), American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE), American Society for Testing and Materials (ASTM), and the American Welding Society (AWS). PHMSA did not propose the incorporation of these standards in the NPRM and thus is not incorporating the standards in this final rule. However, PHMSA suggests the commenter submit a petition in accordance with Sec. 106.95 of the HMR for any IBR standards the [[Page 55794]] commenter would suggest including in a future rulemaking. C. Provisions Not Adopted in This Final Rule and Discussion of Comments This section discusses the changes proposed in the NPRM that are not being adopted in this final rule. In the preamble to the NPRM, PHMSA inadvertently included a section on petition P-1655 from the Dangerous Goods Trainers Association (DGTA). PHMSA did not propose any regulatory text and is therefore not addressing this petition at this time. PHMSA anticipates addressing this petition in a future rulemaking. D. Provisions Adopted in This Final Rule and Discussion of Comments This section discusses the changes proposed in the NPRM and the comments received in response. Based on an assessment of the proposed changes and the comments received, PHMSA is adopting the following provisions in this final rule. Also, to clearly identify the issues addressed in this rule, PHMSA provides the following list of adopted amendments discussed in this section: 1. Cargo Tank Specification In 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 entry in the Sec. 180.407(g)(1)(iv) test pressure table by beginning the entries with the phrase, ``[t]he test pressure on the nameplate (specification plate).'' PHMSA conducted a technical and policy review of the petition. Instead of modifying every test pressure entry as suggested by the petitioner, PHMSA proposed in the NPRM 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 proposed revisions aimed to 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. In response to the proposal, PHMSA received comments from Daniel Shelton, Truck Trailer Manufacturers Association (TTMA), and National Propane Gas Association (NPGA). NPGA noted a discrepancy in the preamble text and proposed regulatory text. Specifically, NPGA referenced the preamble text that identifies revisions to certain cargo tank specifications for hydrostatic testing of DOT 407, MC 304, and MC 307. However, NPGA noted that the proposed regulatory text adds the increased test pressure for all cargo tanks, rather than just those specifications identified in the preamble. NPGA requested that PHMSA resolve the discrepancy to ensure it is consistent with both the administration and the petitioner's intent. PHMSA agrees with the commenter and is adding to each entry the phrase, ``The test pressure on the name plate or specification plate, or 1.5 times the MAWP, whichever is greater.'' Daniel Shelton requested PHMSA adopt the increased test pressure requirements for MC 306 cargo tanks in addition to the proposed language. Specifically, the suggestion stemmed from industry confusion on the appropriate test pressure that should be used for cargo tanks. PHMSA agrees and, as stated above, is adding the revised language to all entries in Sec. 180.407(g)(1)(iv). TTMA supported the petition and the proposed amendment but noted a minor error in the table for the DOT 412 entry. TTMA believed this note should read: ``[t]he test pressure on the name plate or specification plate, or 1.5 times the MAWP, whichever is greater.'' PHMSA agrees with TTMA and is adding ``or'' as appropriate to the table in Sec. 180.407(g)(1)(iv). 2. Chlorine Institute Publications In 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 conducted a review of these publications and found them suitable to propose incorporation into the HMR. In the NPRM, PHMSA proposed 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. Emergency Kit ``A'' is designed for use with the standard DOT 3A480 and 3AA480 100 and 150-pound capacity cylinders in chlorine service only. Emergency Kit ``A'' contains devices and tools to contain leaks in and around the cylinder valve and in the side wall of chlorine cylinders. The Chlorine Institute Emergency Kit ``A'' is the only chlorine emergency kit for chlorine cylinders that is manufactured to the design specifications of the Chlorine Institute. Under certain circumstances U.S. DOT regulations permit transportation of a chlorine cylinder with an Emergency Kit ``A''. See 49 CFR 173.3(e). Chlorine Institute Emergency Kit ``B'' for Chlorine Ton Containers, Edition 11, Revision 1, July 2014. Emergency Kit ``B'' is designed for use with the standard DOT 106A500X chlorine ton container and can also be used with 110A500W in chlorine service. Emergency Kit ``B'' contains devices and tools to contain leaks in and around the ton container valves and in the side wall of ton containers. The Chlorine Institute Emergency Kit ``B'' is the only chlorine emergency kit for ton containers that is manufactured to the design specifications of The Chlorine Institute. Under certain circumstances U.S. DOT regulations permit transportation of a chlorine ton container with an Emergency Kit ``B''. See 49 CFR 173.3(e). Pamphlet 57, Emergency Shut-Off Systems for Bulk Transfer of Chlorine, Edition 6, June 2015. This pamphlet covers the recommended practices for emergency shut-off protection during chlorine transfers involving bulk containers. Pamphlet 168, Guidelines for Dual Valve Systems for Bulk Chlorine Transport, Edition 2, July 2015. The purpose of this pamphlet is to set 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 U.S. Department of Transportation (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 [[Page 55795]] appendix that includes valve manufacturer information. PHMSA received comments from the Chlorine Institute in relation to this petition. The Chlorine Institute supported PHMSA's incorporation of the IBR documents. The Chlorine Institute further believed that this would eliminate the need for certain special permits (specifically SP- 16102, which allows transportation of equipment designed in accordance with Edition 11, Revision 1, of the Emergency Kit ``B'' (B-Kit) instruction booklet). PHMSA agrees and is therefore adopting the changes in Sec. 171.7(l) to incorporate the most recent Chlorine Institute publications as proposed. 3. International Label and Placard Consistency In 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 United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations), the International Civil Aviation Organization Technical Instructions on the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), the International Maritime Dangerous Goods (IMDG) Code, or the Transport Canada Transportation of Dangerous Goods (TDG) Regulations. Upon 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, and are not likely to be onerous or costly for the regulated community. In the NPRM, PHMSA proposed 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, IMDG Code, or TDG Regulations. In response to the proposed changes in the NPRM, PHMSA received comments from Clifford Bartley, Council on the Safe Transport of Hazardous Articles (COSTHA), and International Vessel Operators Dangerous Goods Association (IVODGA). All commenters expressed support for PHMSA adopting these provisions as written. Additionally, COSTHA added that the proposed changes would not increase the burden on shippers. PHMSA agrees with the commenters and is therefore incorporating the changes in Sec. Sec. 172.519(f) and 172.407(f) of the HMR as proposed. 4. Limited Quantities of Ammonium Nitrate by Vessel In 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 will eliminate 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. Specifically, Horizon Lines identified having to reclassify ``UN1942, Ammonium nitrate'' products that would have previously shipped as ORM-D as being shipped under the limited quantities exception. Horizon Lines believes the HMR requires that ``UN1942, Ammonium nitrate, 5.1'' be moved under a United States Coast Guard (USCG) permit regardless of the quantity shipped. Upon 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). In the NPRM, PHMSA proposed an exception for ``UN1942, Ammonium nitrate'' when shipped as a limited quantity to require written notification to the USCG at least 24 hours prior to loading this type of cargo. In response to the proposed changes in the NPRM, PHMSA received comments from Clifford Bartley, Institute of Makers of Explosives (IME), COSTHA, and IVODGA. All commenters expressed support for PHMSA adopting these provisions. However, IME disagreed that the proposed exception should only apply to ``limited quantities'' of ``UN1942, Ammonium nitrate fertilizer.'' IME recommended that PHMSA extend the proposed exception to any amount of UN1942, not just limited quantities. IME's comment is outside the scope of the petition. One of the main justifications for supporting P-1624 was limiting the scope of the exception to ``limited quantities,'' as these materials were previously classed ORM-D at the same quantity limits and therefore were exempt from Sec. 176.11(e). It is also unclear from the comment what IME is proposing or why any exemptions should apply regardless of whether or not they are limited quantities. 5. Use of Combination Packages Tested With a Liquid In 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 (PG) I to be filled with a solid PG II hazardous material, a packaging rated for a liquid PG I to be filled with a solid PG III hazardous material, and a packaging rated for a liquid PG II to be filled with a solid PG III hazardous material. In the NPRM, PHMSA proposed to revise Sec. 173.24a(b)(3) to allow combination packages tested with liquids to transport solid materials. In response to the proposed changes in the NPRM, PHMSA received comments from COSTHA, Dangerous Goods Advisory Council (DGAC), Reusable Industrial Packaging Association (RIPA), and Donald Hausmann. Mr. Hausmann supported the proposed requirement, stating that these revisions would improve shipping options for solid material shippers without hindering safety concerns. In its comments, COSTHA stated it cannot support or oppose the proposed revision, as further clarification is needed on PHMSA's intentions for revising Sec. 173.24a(b)(1) and (3). Specifically, COSTHA indicated that the proposed regulatory language erroneously compares specific gravity to the gross mass of the package and vice versa. COSTHA provided the following language, which they believe PHMSA [[Page 55796]] intended to incorporate in this section: ``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 marked on the packaging, or with the gross mass of the package not exceeding 1.5 times the gross mass marked on the packaging, provided all the performance criteria can still be met with the higher specific gravity material.'' RIPA also noted that the proposed language to Sec. 173.24a as ``or gross mass of the package'' is inexact and confusing. RIPA commented that in most cases ``gross mass'' is not marked on package tested for a liquid. RIPA believed PHMSA should ensure that the upper limit of 400 kg net mass for the definition of non-bulk packages would not be exceeded when using this section. RIPA also noted that PHMSA specified in the preamble that the adoption of P-1625 was for combination packages; however, combination packages are not referenced in the proposed regulatory text of Sec. 173.24a. RIPA indicated their belief that combination packages were not eligible for filling provisions of solids in liquid rated packages because of safety concerns and that the exclusion of combination packages is correct if safety can be shown as a risk. PHMSA agrees with COSTHA's proposed language with respect to the gross mass of the package and is updating the language in this final rule to accurately reflect the intention of the NPRM. PHMSA is also adding a statement stating that ``packages shall not exceed 400 kg'' to ensure only non-bulk packages could be used in this section. PHMSA is also removing the text for single and composite (thus encompassing all non-bulk packages) to clarify that it was PHMSA's intent in the NPRM to allow for single, combination, and composite packages to be able to use this section. While RIPA did note some safety concerns with including combination packages in this section, PHMSA believes the concerns are unfounded. PHMSA believes the factors used to convert between the different packing groups correspond with the multiples between the drop test heights, accounting for the change in testing needed to certify a package for a greater weight at a lower packing group. 6. Shipping Names for Roadway Striping Vehicles In 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 meeting the definition of one or more hazard class that is not identified in the Table specifically by name, comprised of two or more hazardous materials in the same hazard class, must be described using an appropriate shipping description (e.g., `Flammable liquid, n.o.s.').'' Further, 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. In the NPRM, PHMSA proposed to add proper shipping names to the list of authorized materials in Sec. 173.5a(c)(1). PHMSA received no comments either supporting or opposing this proposal. Therefore, PHMSA is incorporating the changes to Sec. 173.5a(c)(l) as proposed to allow the shipping descriptions ``UN2735, Amines, Liquid, Corrosive, n.o.s., 8, III'' or ``Polyamines, Liquid, Corrosive, n.o.s., 8, III'' when used as a catalyst. 7. Toxic by Inhalation Tank Car Lifespan In 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 Federal Railroad Administration (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. (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. In the NPRM, PHMSA proposed 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. In response to the proposed changes in the NPRM, PHMSA received comments from American Chemistry Council (ACC), Railway Supply Institute (RSI), Dow Chemical, Railway Supply Institute Committee on Tank Cars (RSICTC), and DGAC. All commenters expressed support to extend the service life of TIH tank cars as proposed. RSICTC added that extending the service life of the TIH tank cars would provide an economic incentive for further investment in tank cars with at least a 50 percent improvement in crashworthiness. PHMSA agrees with the commenters and is therefore incorporating the changes in Sec. 173.31(e)(2)(iii) to remove the 20-year service life, which will extend the use of the interim compliant TIH tank cars to the full service life of all other tank cars as allowed in Sec. 215.203. PHMSA received a petition for rulemaking (P-1691) from the American Association of Railroads (AAR)/The Chlorine Institute/American Chemistry Council (ACC)/The Fertilizer Institute/Railway Supply Institute (RSI) on December 16, 2016, requesting that PHMSA revise the HMR to make the [[Page 55797]] ``interim'' tank car specifications issued as part of the HM-246 final rule be considered the ``final'' specifications. On September 18, 2017, PHMSA accepted the petition, and if a future NPRM is developed PHMSA will address the issue in that rulemaking. Please see the docket for P- 1691 \1\ for additional information. --------------------------------------------------------------------------- \1\ https://www.regulations.gov/docket?D=PHMSA-2016-0164. --------------------------------------------------------------------------- 8. Limited Quantity Pallets In 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. In the NPRM, PHMSA proposed 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. In response to the proposed changes in the NPRM, PHMSA received comments from Healthcare Distribution Alliance (HDA), COSTHA, and DGAC. All commenters expressed support for the proposal. In addition, COSTHA specified that it should be reiterated that the hazardous materials should be compatible with the pallet material. PHMSA agrees and is revising Sec. 173.156(b)(2)(iii) to allow for the use of metal, plastic, or composite pallets to ship limited quantities of hazardous materials, provided the hazardous materials will not react with the pallet material. 9. Emergency Response Numbers In 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, suggesting that an emergency response telephone number no longer be required on a shipping paper for excepted quantities of hazardous materials. This change would be consistent with how PHMSA treats limited quantities of hazardous materials. Specifically, the petitioner asked PHMSA to revise Sec. 172.604(d)(1) so that it may be applicable to limited quantities and excepted quantities. This modification is justified because 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. In the NPRM, PHMSA proposed 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. In response to the proposed changes in the NPRM, PHMSA received comments from AAR, COSTHA, IVODGA, DGAC, Clifford Bartley, the Fertilizer Institute (TFI), HAD, and the Chlorine Institute. All commenters expressed support for the proposal. Therefore, PHMSA is incorporating the changes to Sec. 172.604(d)(1) as proposed to no longer require an emergency response telephone number be provided on a shipping paper for excepted quantities of hazardous materials. 10. Units of Measurement for Limited Quantities of Ethyl Alcohol In petition P-1640, the Association of HAZMAT Shippers (AHS) requested that the units of measure included in Sec. 173.150(g), which addresses limited quantities of retail products containing ethyl alcohol, be converted to the International System of Units (SI units) because SI units are used elsewhere in the HMR. SI units are 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. In the NPRM, PHMSA proposed to revise Sec. 173.150(g) to convert measurements to SI units. In response to the proposed changes in the NPRM, PHMSA received comments from AHS, VWR International, LLC, and COSTHA. AHS expressed appreciation for incorporation of its petition, which addressed the lack of metric units in Sec. 173.150(g). However, AHS noted that the NPRM did not fully address the original petition, which further requested incorporation of the original scope of Special Permit 9275 into Sec. 173.150(g) that included language allowing ``items suitable for retail sale'' to be included in the exception. PHMSA notes that in our response to AHS's petition, we denied the portion requesting the incorporation of the term ``suitable for retail'' sale in Sec. 173.150(g). Therefore, PHMSA did not propose in the NPRM to include the terms ``suitable for retail sale'' and as such we are not incorporating the term ``suitable for retail sale'' in this final rule. AHS also commented that there are inconsistencies with the incorporation of SI units in Sec. 173.150(g). Specifically, AHS noted that as specified in Sec. 171.10, when SI units are displayed, they are the controlling standard, and when U.S. units appear in parentheses, they are for additional information. AHS noted that their petition originally requested that PHMSA incorporate SI units as the controlling standard and U.S. units in parentheses, which is opposite to the proposed language in the NPRM. Therefore, AHS requested that the intent of the original petition be incorporated. Furthermore, AHS, VWR International, LLC, and COSTHA provided conversions between SI and U.S. units, which they ask to be changed. PHMSA agrees with the commenters and is correcting the regulatory text in Sec. 173.150(g) to show the SI unit as the controlling units in this final rule. 11. Cylinder Valves and Protection Caps In 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 requested that cylinder valves and cylinder valve protection caps manufactured on or after May 4, 2019, 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. In the NPRM, [[Page 55798]] PHMSA proposed to add new paragraphs to 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.'' In response to the proposed changes in the NPRM, PHMSA received comments from Dow Chemical, COSTHA, NPGA, and DGAC. While commenters expressed support for the proposed changes, DGAC and Dow were concerned that the proposed requirements may not be appropriate or feasible for materials identified under the Hazardous Materials Table (HMT) entries for ``chemical under pressure,'' such as UN3500 and UN3503. Specifically, DGAC noted that the valves may not be appropriate for dispensing liquids, since they are more suitable for dispensing a ``true gas'' and may not be suitable for valves meeting CGA V-9-2012 requirements. As an alternative to the proposed regulatory language, Dow suggested revising the requirement for CGA V-9-2012 valves to exclude ``chemical under pressure'' from the requirements. Alternatively, Dow suggested revising Sec. 173.335(a) to except these materials from the proposed requirements in Sec. 173.301(a)(11) and (12). In addition, Dow, DGAC, COSTHA, and NPGA requested a sufficient and significant delay to allow time to comply with the retrofit in replacing existing valves. DGAC noted that a May 4, 2015, retrofit date would cause significant cost to industry in order to replace stainless steel valves for these cylinders, with a cost estimate of approximately $2.3 million. COSTHA also commented that it is unclear if the second sentence in proposed Sec. 173.301(a)(11) and (12) provides mandatory exceptions for UN Pressure Receptacles or additional requirements. PHMSA's Office of Hazardous Materials Safety is revising the HMR to ensure that cylinder valves follow uniform construction and performance standards for improved transportation safety of cylinders containing hazardous materials. PHMSA agrees with commenters that an exception from the valve requirements should be made for those chemicals under pressure regulated under Sec. 173.335. Therefore, PHMSA is implementing Dow's proposal to revise the requirements for chemicals under pressure in Sec. 173.335(a) to provide an exception to conform to the new standards for cylinder valves and caps in the new requirements in Sec. 173.301(a)(11) and (12). PHMSA is also extending the compliance date to give a grace period of one year after the rulemaking becomes effective to comply with the new valve cap requirements in Sec. 173.301(a)(11) and (12). PHMSA is further clarifying that the second sentence in Sec. 173.301(a)(11) and (12) provides additional requirements for UN Pressure Receptacles. NPGA noted that CGA's petition states that Liquefied Petroleum Gas (LPG) cylinder valves and valve protection systems would not be affected by the adoption of CGA V-9-2012 because LPG cylinders are already listed by National Fire Protection Association (NFPA) 58. However, NPGA noted that NPFA 58 does not require cylinder valves to be listed but does require that they comply with ANSI 1769, which is different than being listed. Therefore, NPGA expressed concern that the adoption of CGA V-9-2012 would conflict with the cylinder valve requirement for cylinders used in LPG service under NFPA 58. NPGA also noted that the proposed regulatory text for Sec. 171.7 does not include CGA-V-9-2012. To address the concerns of NPGA, PHMSA is revising Sec. 173.301(a)(11) to read: ``Cylinder valves used on cylinders in liquefied petroleum gas (LPG) service are permitted to comply with the requirements of NFPA 58, Liquefied Petroleum Gas Code.'' PHMSA also agrees that the CGA V-9-2012 standard should be cited in Sec. 171.7 and is adding applicable regulatory text to this section. 12. Recordkeeping Requirements for Portable Tanks In 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 recommended renaming Sec. 180.605(l) as 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 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. In the NPRM, PHMSA proposed to revise Sec. 180.605(l) to allow the owner of a portable tank to 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. PHMSA received no comments either supporting or opposing this proposal. Therefore, PHMSA is incorporating the changes to Sec. 180.605(l) as proposed to allow the owner of a portable tank to 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. 13. Printing Tolerances for Labels and Placards In petition P-1650, Labelmaster Services proposed to revise Sec. Sec. 172.407(c) and 172.519(c) of the HMR to allow 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. In the NPRM, PHMSA proposed 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. In response to the NPRM, PHMSA received comments from COSTHA and DGAC in support of the proposed changes. Therefore, PHMSA is revising Sec. Sec. 172.407(c) and 172.519(c) as proposed to add the word ``approximately'' to these sections to allow for printing tolerances with respect to the solid inner border for labels and placards. 14. Incorporation of Department of Defense Standards In 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 [[Page 55799]] 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. PHMSA received no comments either supporting or opposing this proposal. Therefore, PHMSA is incorporating the latest publications used by the DoD in its examination and classification of explosives in Sec. 171.7(o)(1) and (2) as proposed. 15. Service Pressure Marking for DOT 8 and DOT 8L Cylinders In 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 there is no safety reason to require marking the service pressure on DOT 8 and DOT 8L cylinders. In the NPRM, PHMSA proposed to revise this section as requested by the petitioner. In response to the proposed changes in the NPRM, PHMSA received comments from Norris Cylinder and COSTHA. Both commenters noted a typographical error in the proposed language in Sec. 178.35(f)(7) specifying ``DOT 4 or 4AL cylinders,'' which should actually read ``DOT 8 and 8AL cylinders.'' This correction aligns with the original petition, as well as the preamble text in the NPRM. Therefore, PHMSA is revising Sec. 178.35(f)(7) to no longer require DOT 8 and 8AL cylinders to be marked with the service pressure. 16. Incorporation of CGA Publication In petition P-1657, CGA proposed 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 publication has been updated to meet requirements for the U.S. Occupational Safety and Health Administration (OSHA) and was previously incorporated into OSHA's regulations in 2012. CGA requested that PHMSA permit the use of the 2014 edition of CGA C-7 to keep 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. In the NPRM, PHMSA proposed the incorporation by reference of ``CGA C-7-2014, Guide to Classification and Labeling of Compressed Gases, Tenth Edition'' into the HMR. PHMSA received no comments either supporting or opposing this proposal. Therefore, PHMSA is incorporating by reference ``CGA C-7- 2014, Guide to Classification and Labeling of Compressed Gases, Tenth Edition'' as proposed. 17. Use of Electronic Manifest In 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. In the NPRM, PHMSA proposed to add paragraph (j) to permit the use of electronic signatures when completing an EPA form 8700-22 and 8700-22A. In response to the proposed changes in the NPRM, PHMSA received comments from HDA, AAR, COSTHA, DGAC, and Clifford Bartley. All commenters expressed support for the proposal. Additionally, AAR noted that ``it should be recognized that an electronic copy of the manifest can be used to meet the three-year retention requirement.'' Therefore, PHMSA is revising Sec. 172.205 to permit the use of electronic signatures when completing an EPA form 8700-22 and 8700-22A and recognizing that the electronic manifest can be used to meet the 3-year retention requirement. 18. Marked Date of Manufacture on Composite IBCs In petition P-1662, Rigid Intermediate Bulk Container Association of North America (RIBCA) 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. RIBCA 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).'' Upon 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 for the marking of dates of manufacture on IBCs in line with current international standards. In the NPRM, PHMSA proposed to revise the HMR to allow the date of manufacture on the inner receptacle to be different than on the composite IBC. In response to the proposed changes in the NPRM, PHMSA received a comment from RIBCA. RIBCA noted that this change will have no effect on safety when inner receptacles and composite IBCs are stamped with different dates reflecting manufacture or repair of a completed IBC. However, RIBCA disagreed with the language in the NPRM that states ``provided that the retest and inspection of the IBCs be based on the earliest marked date.'' RIBCA contested that this language should be deleted because it is unnecessary from a safety perspective since inner packagings are sometimes built and stored well before being installed in composite IBCs. Therefore, as proposed, the retest and inspection would apply to an IBC well before an inner package becomes subject to detrimental effects, which begins when it is installed in the IBC. RIBCA noted that this language is inconsistent with other requirements in the regulations and more restrictive than the UN Model Regulations/ International Regulations, further noting that it would create an additional complexity for an IBC user because they will need to compare two different dates when determining required periodic tests and inspection dates. In response to these comment, PHMSA agrees to remove the language stating ``provided that the retest and inspection of IBCs be based on the earliest marked date.'' While PHMSA believes that including multiple dates may make it confusing to users and may make it difficult to know which to use, the marked date of repair is ultimately the date that must be used to determine the next inspection date. Also, because the repair phase of an IBC includes a leakproofness test, the 2.5-year time period should start from that point. However, comments from members of industry suggest that they are typically replaced in a timeframe less than 2.5 years, so this should not make a difference. Therefore, PHMSA is revising the changes to Sec. 178.703(b) to remove the above language. 19. Basis Weight Tolerances for Liners and Mediums Used in the Manufacture of Specification UN 4G Fiberboard Boxes In petition P-1663, COSTHA requested PHMSA revise the basis weight tolerance provided in [[Page 55800]] 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 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. In the NPRM, PHMSA proposed 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. In response to the proposed changes in the NPRM, PHMSA received comments from DGAC, Clifford Bartley, Fibre Box Association, and COSTHA. All commenters expressed support for the proposal. Therefore, PHMSA is incorporating the changes as proposed 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. IV. Section-by-Section Review Below is a section-by-section description of the changes being adopted in this final rule. 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 final rule incorporates 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 website 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 illustrates the use of Chlorine Institute Emergency Kit ``A.'' It also includes a complete parts list and instructions on how to apply both generations of Emergency Kit ``A,'' those manufactured before December 31, 2012 and after January 1, 2013. The Emergency Kit ``A'' contains devices and tools to contain leaks in and around the cylinder valve and in the side wall of chlorine cylinders. (2) Chlorine Institute Emergency Kit ``B'' for Chlorine Ton Containers, Edition 11, Revision 1, July 2014. This publication is available on the Chlorine Institute website at: https://bookstore.chlorineinstitute.org/mm5/merchant.mvc?Session_ID=832f559635b70c753d7a6780f4876094&Store_Code=ci2store&Screen=PROD&Product_Code=EPR_IB_B-HC&. This publication illustrates the use of Chlorine Institute Emergency Kit ``B.'' It also includes a complete parts list and instructions on how to apply both the current and previous kit devices of Emergency Kit ``B.'' The updates in this edition include depictions of commonly used optional devices and numerous editorial revisions. Emergency Kit ``B'' contains devices and tools to contain leaks in and around the ton container valves and in the side wall of ton containers. (3) Pamphlet 57, Emergency Shut-Off Systems for Bulk Transfer of Chlorine, Edition 6, June 2015. This publication is available on the Chlorine Institute website 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. The practices include automatic shut-off upon container movement or utility failure, the ability to activate the system at the bulk container or remotely for any reason, including a chlorine leak, and practical design options for a variety of industry accepted systems. (4) Pamphlet 168, Guidelines for Dual Valve Systems for Bulk Chlorine 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 website 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 and selection criteria that should be used 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 and design criteria, operational 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 website 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. Based on reactions obtained, it further provides for assignment of appropriate hazard classifications for transportation and storage. It seeks to assure that under identical conditions, all DoD Components (DODCs) will use identical hazard classifications for ammunition and explosives items. (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 website at: http://www.dla.mil/Portals/104/Documents/J5StrategicPlansPolicy/PublicIssuances/r4145.41.pdf. This publication establishes a uniform standard 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. This publication states the general principles for labels and markings and gives recommended minimum requirements for labeling of compressed gases for many hazardous gases and selected liquids. (2) CGA V-9-2012, Compressed Gas Association Standard for Compressed [[Page 55801]] Gas Cylinder Valves, Seventh Edition. 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. It also provides testing and maintenance requirements. B. Section 172.205 Section 172.205 describes the requirements for the use of hazardous waste manifest. This final rule revises 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 final rule revises paragraph (c) to allow for size tolerances for the labels by inserting the term ``approximately'' for the inner border to be 5 mm. This final rule also revises 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 final rule revises paragraph (c) to allow for size tolerances for the placards by inserting the term ``approximately'' for the inner border to be 5 mm. This final rule also revises paragraph (f) to address inconsistencies between international and domestic placards. 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 final rule revises Sec. 172.604(d) to no longer require an emergency response number for excepted quantities of hazardous materials. F. Section 173.5a Section 173.5a outlines the requirements for cargo tank motor vehicles used for roadway striping. This final rule adds proper shipping names in 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 final rule revises 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 final rule removes 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 FRA regulations. I. Section 173.150 Section 173.150 outlines exceptions for Class 3 flammable and combustible liquids. This final rule changes the units in Sec. 173.150(g) from imperial units to the International System of Units and revises 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 final rule revises 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 final rule revises 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 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 173.335 Section 173.335 outlines the requirements for chemicals under pressure, n.o.s. This final rule revises Sec. 173.335(a) to clarify that these materials are not subject to the cylinder valve requirements finalized in Sec. 173.301(a)(11). M. Section 176.415 Section 176.415 outlines permit requirements for Division 1.5, ammonium nitrates, as well as certain ammonium nitrate fertilizers. This final rule revises the HMR 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 final rule revises 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 final rule revises 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 2, July 2015'' under this section. P. Section 178.516 Section 178.516 outlines the standards for fiberboard boxes. This final rule revises 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 final rule revises 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). R. Section 180.407 Section 180.407 outlines the requirements for the testing and inspection of specification cargo tanks. This final rule revises the table in Sec. 180.407(g)(1)(iv) to put the words ``The test pressure on the name plate or specification plate, or 1.5 times the MAWP, whichever is greater'' 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 final rule revises 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. [[Page 55802]] V. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Rulemaking This final rule 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. The Secretary delegated her authority to PHMSA at 49 CFR 1.97. B. Executive Order 12866, Executive Order 13563, Executive Order 13610, Executive Order 13771, and DOT Regulatory Policies and Procedures This final rule is not considered a significant regulatory action under section 3(f) of Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 51735; Oct. 4, 1993), and was not reviewed by the Office of Management and Budget (OMB). This final rule is also not considered a significant rule under the Regulatory Policies and Procedures order issued by the U.S. Department of Transportation on February 26, 1979. See 44 FR 11034. Background PHMSA has involved the public in the regulatory process in a variety of ways for this final rule. Specifically, in this rulemaking PHMSA is responding to 19 petitions that have been submitted by the public in accordance with the APA and PHMSA's rulemaking procedure regulations (49 CFR 106.95). Overall, this rulemaking maintains the continued safe transportation of hazardous materials while producing a net cost savings. PHMSA's findings are summarized here and described in further detail in the Regulatory Impact Analysis (RIA), which can be found in the regulatory docket (Docket ID: PHMSA-2015-0102) at www.regulations.gov. Summary of Findings PHMSA estimates a present value of quantified net cost savings of approximately $237 million over 10 years and $16.5 million annualized at a 7 percent discount rate. These estimates do not include non- monetized and qualitative cost/cost savings discussed in the RIA. PHMSA's cost/cost savings analysis relies on the monetization of impacts for five petitions included in this final rule. Three of the petitions that were monetized contained cost savings, while two petitions have minor costs. One provision in particular is responsible for the vast majority of the cost savings estimated: The extension of the regulatory life of HM-246-compliant PIH tank cars from 20 years to 50 years, as allowed by FRA regulation, see 49 CFR 215.203, for other tank cars in its class. This regulatory life extension is expected to reduce PIH tank car replacement costs that would occur in the absence of rulemaking. Moreover, these tank cars are more robust and less likely to release material than legacy PIH tank cars, resulting in safety benefits such as reduced incident damages. The following table presents a summary of the five petitions that have monetized impacts upon codification and contribute to PHMSA's estimation of quantified net cost savings. Table 1--Summary of Cost/Cost Savings of Petitions for Regulatory Reform ---------------------------------------------------------------------------------------------------------------- Monetized Costs/(Cost Savings) by Petition ----------------------------------------------------------------------------------------------------------------- 7% discount (if 3% discount (if Petition No. Petition topic applicable) applicable) ---------------------------------------------------------------------------------------------------------------- P-1636.................................... PIH Tank Cars Service Life ($211,740,704) ($985,661,271) Extension Relief. P-1663.................................... Package Weight Tolerances..... (25,000,000) (58,333,333) P-1619.................................... Chlorine Publications......... (197,644) (452,676) P-1641.................................... CGA V-9-2012 Cylinder Values 45,522 47,289 and Caps. P-1657.................................... CGA C-7-2014 Publications..... 99,320 103,177 ------------------------------------- Total................................. .............................. (236,793,506) (1,044,296,814) Annualized........................ .............................. (16,575,545) (31,328,904) ---------------------------------------------------------------------------------------------------------------- In addition to these five items, PHMSA described an additional 14 items that are deregulatory in nature but lack of monetization of their cost savings impacts. While information gaps prevent quantification of cost savings for these items, PHMSA believes that they relax current requirements or provide additional flexibility, and therefore should be considered deregulatory in nature. Conclusion In conclusion, PHMSA estimates a present value of quantified net cost savings of approximately $237 million over a perpetual time horizon and $16.5 million annualized at a 7 percent discount rate. Please see the RIA in the regulatory docket for additional detail and a description of PHMSA's methods and calculations. C. Executive Order 13132 This final rule was analyzed in accordance with the principles and criteria contained in Executive Order 13132, ``Federalism'' (64 FR 43255; Aug. 10, 1999). This final rule would preempt State, local, and Indian tribe requirements but does not impose 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. Federal Hazmat 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. [[Page 55803]] This final rule concerns the classification, packaging, marking, labeling, and handling of hazardous materials, among other covered subjects. 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). Federal Hazmat Law provides at 49 U.S.C. 5125(b)(2) that if PHMSA issues a regulation concerning any of the covered subjects, the administration 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 2 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 final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175, ``Consultation and Coordination with Indian Tribal Governments'' (65 FR 67249; Nov. 9, 2000). Because this final rule does not have Tribal implications and does not impose substantial direct compliance costs on Indian tribal governments, the funding and consultation requirements of Executive Order 13175 do not apply, and a Tribal summary impact statement is not required. E. Regulatory Flexibility Act, Executive Order 13272, and DOT Procedures and Policies The Regulatory Flexibility Act, 5 U.S.C. 601 requires an agency to review regulations to assess their impact on small entities unless the agency determines the rule is not expected to have a significant impact on a substantial number of small entities. This final rule amends miscellaneous provisions in the HMR for clarification based on petitions for rulemaking. While maintaining safety, this final rule would relax certain requirements that are overly burdensome and provide clarity where requested by the regulated community. The 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 changes are generally intended to provide relief to shippers, carriers, and packaging manufactures and testers, including small entities. Therefore, PHMSA certifies that this final rule will not have a significant economic impact on a substantial number of small entities. This final rule has been developed in accordance with Executive Order 13272, ``Proper Consideration of Small Entities in Agency Rulemaking'' (67 FR 53461; Aug. 16, 2002) and DOT's Policies and Procedures to promote compliance with the Regulatory Flexibility Act to ensure that potential impacts of draft rules on small entities are properly considered. F. Paperwork Reduction Act This final rule does not impose any new information collection requirements and, in one instance, marginally decreases the information collection burden on the regulated 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. Regulation Identifier Number (RIN) A regulation identifier number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in spring and fall of each year. The RIN number contained in the heading of this document can be used to cross-reference this action with the Unified Agenda. H. Unfunded Mandates Reform Act This final rule does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. Public Law 104-4 (Mar. 22, 1995). It does not result in costs in any one year 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 is amending the HMR to update, clarify, or provide relief from miscellaneous regulatory requirements. In this final rule, PHMSA is implementing amendments that include, but are not limited to, the following: Incorporating by Reference multiple publications from the CGA, the Chlorine Institute, and DoD; addressing inconsistencies with domestic and international labels and placards; excepting excepted quantities from the emergency response telephone requirement; allowing electronic signatures for EPA manifest forms; and no longer requiring the service pressure to be marked on DOT 8 and 8AL 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 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 [[Page 55804]] 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 PHMSA's goal of safe and secure transportation, protecting both people and the environment, of hazardous materials in commerce. Alternatives In developing the final rule, PHMSA considered the following alternatives: Alternative 1: No Action If PHMSA chose this alternative, we would not proceed with any rulemaking on this subject and the current regulatory standards would remain in 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 final rule, applying to transport of hazardous materials by highway, rail, vessel, and aircraft. The amendments encompassed in this alternative are more fully addressed in the preamble and regulatory text sections of this rulemaking. Probable Environmental Impacts of the Alternatives When developing potential regulatory requirements, PHMSA considers 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 nationwide rulemaking). 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 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 This Preferred Alternative encompasses enhanced and clarified regulatory requirements, which would result in increased compliance and fewer negative environmental and safety impacts. The table below summarizes possible environmental benefits and any potential negative impacts for the amendments in this final rule. A detailed discussion on the potential environmental impacts of each type of amendment is included in the complete Environmental Assessment placed in the docket for this rulemaking. Summary of Probable Environmental Impacts by Amendments ------------------------------------------------------------------------ Probable Proposed amendment(s) to HMR environmental (numbered as above herein) Type of amendment(s) impact(s) anticipated ------------------------------------------------------------------------ 1. Cargo Tank Specification. Regulatory Clarity.. No impacts--slightly positive benefits. 2. Chlorine Institute Update No impacts--slightly Publications. (Publications). positive benefits. 3. International Label and Harmonization....... Slightly positive Placard Consistency. benefits. 4. Limited Quantities of Exception........... No impacts. Ammonium Nitrate by Vessel. 5. Use of Combination Regulatory Very slight, Packages Tested with a Flexibility. negligible, or no Liquid. impacts. 6. Shipping Names for Editorial........... No impacts. Roadway Stripping Vehicles. 7. Toxic by Inhalation (TIH) Regulatory No impacts. Tank Car Lifespan. Flexibility. 8. Limited Quantity Pallets. Regulatory No impacts--slightly Flexibility. positive benefits. 9. Emergency Response Harmonization....... No impacts. Numbers. 10. Units of Measurement for Harmonization/ No impacts. Limited Quantities of Ethyl Editorial. Alcohol. 11. Cylinder Valves and Standard No impacts--slightly Protection Caps. Incorporation. positive benefits. 12. Recordkeeping Regulatory Clarity, No impacts--slightly Requirements for Portable Harmonization. positive benefits. Tanks. 13. Printing Tolerances for Regulatory Slightly positive Labels and Placards. Flexibility. benefits. 14. Incorporation of Standard Slightly positive-- Department of Defense (DoD) Incorporation. moderate benefits. Standards. 15. Service Pressure Marking Regulatory No impacts. for DOT 8 and DOT 8L Flexibility. Cylinders. [[Page 55805]] 16. Incorporation of CGA Standard No impacts--slightly Publications. Incorporation. positive benefits. 17. Use of Electronic Update (Technology/ No impacts--slightly Manifest. Design), Regulatory positive benefits. Flexibility. 18. Marked Date of Harmonization....... No impacts--slightly Manufacture on Composite positive benefits. IBCs. 19. Basis Weight Tolerances Regulatory No impacts. for Liners and Mediums Used Flexibility. in the Manufacture of Specification UN 4G Boxes. ------------------------------------------------------------------------ Preferred Alternative PHMSA has selected the Preferred Alternative. As discussed in the table above, we expect no or very slight positive environmental impacts from the Preferred Alternative. Agencies Consulted This final rule would affect some PHMSA stakeholders, including hazardous materials shippers and carriers by highway, rail, vessel, and aircraft, as well as package manufacturers and testers. PHMSA sought comment on the Environmental Assessment contained in the June 30, 2016, NPRM published under Docket No. PHMSA 2015-0102 [81 FR 42609] (HM- 219A); however, PHMSA did not receive any comments. 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 United States Coast Guard (USCG) These Federal agencies did not submit to PHMSA any adverse comments on the amendments proposed in the NPRM. Conclusion The revisions in this final rule 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 amendments 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 final 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 final rule. J. Privacy Act Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). 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'' (77 FR 26413; May 4, 2012), 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 final 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 final rule involves multiple voluntary consensus standards which are discussed at length in the ``Section-by-Section Review'' for Sec. 171.7. List of Subjects 49 CFR Part 171 Exports, Hazardous materials transportation, Hazardous waste, Imports, Incorporation by reference, Reporting and recordkeeping requirements, Definitions and abbreviations. [[Page 55806]] 49 CFR Part 172 Education, Hazardous materials transportation, Hazardous waste, Incorporation by reference, Labeling, Markings, Packaging and containers, Reporting and recordkeeping requirements. 49 CFR Part 173 Hazardous materials transportation, Incorporation by reference, Training, Packaging and containers, Reporting and recordkeeping requirements. 49 CFR Part 176 Hazardous materials transportation, Maritime carriers, Reporting and recordkeeping requirements. 49 CFR Part 178 Hazardous materials transportation, Incorporation by reference, Motor vehicle safety, Packaging and containers, Reporting and recordkeeping requirements. 49 CFR Part 180 Hazardous materials transportation, Motor carriers, Motor vehicle safety, Packaging and containers, Railroad safety, Reporting and recordkeeping requirements. In consideration of the foregoing, we are amending 49 CFR chapter I as follows: PART 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. Amend Sec. 171.7 by: 0 a. Revising paragraphs (l)(1), (2), and (5), redesignating paragraphs (l)(7) through (11) as (l)(8) through (12) and adding new paragraph (l)(7); 0 b. Revising paragraph (n)(7) and adding new paragraph (n)(23); 0 c. Revising paragraph (o); 0 d. In paragraphs (t)(1) and (v)(2), adding ``172.407'' to the list of sections in numerical order; 0 e. In paragraph (y)(1), adding ``173.301(a)(11)'' to the end of the list of sections; 0 f. In the introductory text of paragraph (bb)(1), add ``172.407'' to the list of sections in numerical order; and 0 g. In paragraph (dd)(1), add ``172.519'' to the list of sections in numerical order. 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, Edition 12, Revision 2, January 2014, into Sec. 173.3. (2) Chlorine Institute Emergency Kit ``B'' for Chlorine Ton Containers, Edition 11, July 2014, into Sec. 173.3. * * * * * (5) Pamphlet 57, Emergency Shut-Off Systems for Bulk Transfer of Chlorine, Edition 6, June 2015, into Sec. 177.840. * * * * * (7) Pamphlet 168, Guidelines for Dual Valve Systems for Bulk Chlorine Transport, Edition 2, July 2015, into Sec. 178.337-9. * * * * * (n) * * * (7) CGA C-7-2014, Guide to Classification and Labeling of Compressed Gases, Tenth Edition, copyright 2014, into Sec. 172.400a. * * * * * (23) CGA V-9-2012, Compressed Gas Association Standard for Compressed Cylinder Valves, Seventh Edition, 2012, into Sec. 173.301. * * * * * (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) TB 700-2; NAVSEAINST 8020.8C/TO 11A-1-47: DOD Ammunition and Explosives Hazard Classification Procedures, July 30, 2012, into Sec. 173.56. (2) 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, AND TRAINING REQUIREMENTS 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. Amend Sec. 172.205 by adding paragraph (j) to read as follows: Sec. 172.205 Hazardous waste manifest. * * * * * (j) Electronic manifests that are obtained, completed, and transmitted in accordance with 40 CFR262.20(a)(3), and used in accordance with 40 CFR 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). A copy of the electronic manifest would satisfy the 3-year retention requirement for maintaining a copy of the manifest. * * * * * 0 5. Amend Sec. 172.407 by revising paragraphs (c) and (f) 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 exceptions for domestic transportation, a label in conformance with the requirements of 49 CFR 172.407(c)(1) (revised as of October 1, 2014), may continue to be used until December 31, 2018. (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 [[Page 55807]] 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 subchapter), 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 subchapter) may be used in place of a corresponding label that conforms to the requirements of this subpart. * * * * * 0 6. Amend Sec. 172.519 by revising paragraphs (c) and (f) 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 31, 2014, may continue to be used until December 31, 2016. (ii) 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 subchapter. (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 subchapter, 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 subchapter) 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 subchapter) must be placarded in accordance with this subpart (see Sec. 171.23(b)(10) of this subchapter). * * * * * 0 7. Amend Sec. 172.604 by revising paragraph (d) 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: (i) Battery powered equipment. (ii) Battery powered vehicle. (iii) Carbon dioxide, solid. (iv) Castor bean. (v) Castor flake. (vi) Castor meal. (vii) Castor pomace. (viii) Consumer commodity. (ix) Dry ice. (x) Engines, internal combustion. (xi) Fish meal, stabilized. (xii) Fish scrap, stabilized. (xiii) Krill Meal, PG III. (xiv) Refrigerating machine. (xv) Vehicle, flammable gas powered. (xvi) Vehicle, flammable liquid powered. (xvii) 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 subchapter, 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. Sec. 173.3 [Amended] 0 9. Amend Sec. 173.3 by: 0 a. In paragraph (e)(1), adding ``(with the exception of repair method using Device 8 for side leaks)'' immediately after the phrase ``Chlorine Institute Emergency Kit ``A''; and 0 b. In paragraph (e)(2), adding ``(with the exception of repair method using Device 9 for side leaks)'' immediately after the phrase ``Chlorine Institute Emergency Kit ``B''. 0 10. Amend Sec. 173.5a by revising paragraph (c)(1) 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 1 to this paragraph (c)(1) 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 [deg]F. Table 1 to Paragraph (c)(1)--Hazardous Materials Description ---------------------------------------------------------------------------------------------------------------- Hazard class/ Identification Proper shipping name division No. Packing group ---------------------------------------------------------------------------------------------------------------- Acetone \a\................................... 3 UN1090 II. Adhesives, containing a flammable liquid...... 3 UN1133 II. Amines, liquid, corrosive, n.o.s.\b\ or 8 UN2735 III. Polyamines, liquid, corrosive, n.o.s \b\. Corrosive liquid, basic, organic, n.o.s \b\... 8 UN3267 III. Corrosive liquids, n.o.s \b\.................. 8 UN1760 III. [[Page 55808]] Dichloromethane \a\........................... 6.1 UN1593 III. Elevated temperature liquid, n.o.s., at or 9 UN3257 III. above 100 [deg]C and below its flash point (including molten metals, molten salts, etc.) \c\. Environmentally hazardous substance, liquid, 9 UN3082 III. n.o.s \b\. Ethyl acetate \a\............................. 3 UN1173 II. Ethyl methyl ketone or Methyl ethyl ketone \a\ 3 UN1193 II. Flammable liquids, n.o.s \d\.................. 3 UN1993 II. Gasoline...................................... 3 UN1203 II. Methanol \a\.................................. 3 UN1230 II. Organic peroxide type E, liquid (Dibenzoyl 5.2 UN3107 NA. peroxide) \b\. Paint including paint, lacquer, enamel, stain, 3 UN1263 II. shellac solution, varnish, polish, liquid filler, and liquid lacquer base. Paint related material including paint 3 UN1263 II. thinning drying, removing, or reducing compound. Petroleum distillates, n.o.s. or Petroleum 3 UN1268 III. products, n.o.s \a\. Toluene \a\................................... 3 UN1294 II. 1,1,1-Trichloroethane \a\..................... 6.1 UN2831 III. Xylenes \a\................................... 3 UN1307 II, III. ---------------------------------------------------------------------------------------------------------------- \a\: Solvent. \b\: Catalyst. \c\: Thermoplastic material non-hazardous at room temperature. \d\: Adhesive containing ethyl acetate. * * * * * Sec. 173.7 [Amended] 0 11. Amend Sec. 173.7, by removing in the introductory text of paragraph (a) ``DLAD 4145.41/AR 700-143/AFJI 24-210/NAVSUPINST 4030.55B/MCO 4030.40B'' and adding in its place ``DLAR 4145.41/AR 700- 143/NAVSUPINST 4030.55D/AFMAN 24-210_IP/MCO 4030.40C''. 0 12. Amend Sec. 173.24a by revising paragraphs (b)(1) and (b)(3) to read as follows: Sec. 173.24a Additional general requirements for non-bulk packagings and packages. * * * * * (b) * * * (1) A non-bulk packaging not exceeding 400 kg 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 non-bulk packaging not exceeding 400 kg 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 non-bulk packaging not exceeding 400 kg 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 non-bulk packaging not exceeding 400 kg 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 non-bulk packaging not exceeding 400 kg 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 13. Amend Sec. 173.31 by revising paragraph (e) 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 subchapter; 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] [[Page 55809]] (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. * * * * * Sec. 173.56 [Amended] 0 14. In Sec. 173.56 amend paragraph (b)(2)(i) by removing ``DoD Explosives Hazard Classification Procedures'' and adding in its place ``DoD Ammunition and Explosives Hazard Classification Procedures''. 0 15. Amend Sec. 173.150 by revising paragraph (g) 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 0.47 liters (0.125 gallons) in capacity for liquids; or (B) For volumes greater than 0.47 liters (0.125 gallons) but not exceeding 3.8 liters (1 gallon) 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 0.45 kilograms (1 pound) capacity; (D) For weight greater than 0.45 kilograms (1 pound) up to 3.62 kilograms (8 pounds) 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 0.23 liters (.063 gallons) in capacity; or (B) For volumes greater than 0.23 liters (.063 gallons) to 0.47 liters (0.125 gallons) 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 0.22 kilograms (0.5 pounds); (D) For weight greater than 0.22 kilograms (0.5 pounds) up to 0.45 kilograms (1 pound) 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 5.6 liters (1.5 gallons). The net solid contents of all inner packagings in any single outer packaging may not exceed 14.9 kilograms (33 pounds). The gross weight of any single outer package shipped may not exceed 29.9 kilograms (66 pounds); 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: (i) For inner packagings containing liquids the volume does not exceed 0.23 liters (0.063 gallons) in capacity; (ii) Solids containing ethyl alcohol are not packed in inner packagings exceeding 0.22 kilograms (0.5 pounds) in weight; (iii) The net liquid contents of all inner packagings in any single outer packaging may not exceed 5.6 liters (1.5 gallons). The net solid contents of all inner packagings in any single outer packaging may not exceed 14.9 kilograms (33 pounds). The gross weight of any single outer package shipped may not exceed 29.9 kilograms (66 pounds). 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) 0.47 liters (0.125 gallons) of flammable liquid; or (ii) 0.45 kilograms (1 pound) of solids containing flammable liquid. * * * * * 0 16. Amend Sec. 173.156 by revising paragraph (b) 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 subchapter, 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 subchapter, 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 subchapter, 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. Hazardous materials should be compatible with the pallet material; (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 17. 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 November 7, 2019, used on cylinders to transport compressed gases must conform to the requirements in CGA V-9 (IBR; see Sec. 171.7 of this subchapter). A valve for a UN pressure receptacle must conform to the [[Page 55810]] requirements of Sec. 173.301b(c)(1). Cylinder valves used on cylinders in liquefied petroleum gas (LPG) service are permitted to comply with the requirements of NFPA 58 (IBR; see Sec. 171.7 of this subchapter). (12) Cylinder valve protection caps manufactured on or after November 7, 2019, must conform to the requirements of CGA V-9. * * * * * 0 18. In Sec. 173.335, paragraphs (a) is revised as follows: Sec. 173.335 Chemical under pressure n.o.s. * * * * * (a) General requirements. A cylinder filled with a chemical under pressure must be offered for transportation in accordance with the requirements of this section and Sec. 172.301 of this subchapter. In addition, a DOT specification cylinder must meet the requirements in Sec. Sec. 173.301a, 173.302, 173.302a, and 173.305, as applicable. UN pressure receptacles must meet the requirements in Sec. Sec. 173.301b, 173.302b, and 173.304b as applicable. Where more than one section applies to a cylinder, the most restrictive requirements must be followed. These materials are not subject to the cylinder valve cap requirements in Sec. 173.301(a)(11) and (12). * * * * * PART 176--CARRIAGE BY VESSEL 0 19. 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 20. 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 21. 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 22. 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 8 or 8AL cylinder is not required to be marked with the service pressure. * * * * * 0 23. Amend Sec. 178.337-9 by revising paragraph (b)(8) to read 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., Drawing; 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'' (IBR, see Sec. 171.7 of this subchapter). Before installation, each angle valve must be tested for leakage at not less than 225 psig using dry air or inert gas. * * * * * 0 24. Amend Sec. 178.516 by revising paragraph (b)(7) to read as follows: Sec. 178.516 Standards for fiberboard boxes. * * * * * (b) * * * (7) Authorization to manufacture, mark, and sell UN4G combination packagings with outer fiberboard boxes and with inner fiberboard components that have individual containerboard or paper wall basis weights that vary by not more than plus or minus 10% from the nominal basis weight reported in the initial design qualification test report. * * * * * 0 25. Amend Sec. 178.703 by revising paragraph (b)(6) to read 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 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 subchapter; 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 26. 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 27. Amend Sec. 180.407 by revising paragraph (g)(1)(iv) 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 Table 1 to paragraph (g)(1)(iv): Table 1 to Paragraph (g)(1)(iv) ---------------------------------------------------------------------------------------------------------------- Specification Test pressure ---------------------------------------------------------------------------------------------------------------- MC 300, 301, 302, 303, 305, 306.......................... The test pressure on the name plate or specification plate, or 1.5 times the MAWP, 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. [[Page 55811]] 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, or 1.5 times the MAWP whichever is greater. ---------------------------------------------------------------------------------------------------------------- * * * * * 0 28. Amend Sec. 180.605 by revising paragraph (l) 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 October 29, 2018, under authority delegated in 49 CFR 1.97. Drue Pearce, Deputy Administrator, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 2018-23965 Filed 11-6-18; 8:45 am] BILLING CODE 4910-60-P
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DEPARTMENT OF TRANSPORTATION C. Provisions Not Adopted in This Final consistent with the applicable
Rule and Discussion of Comments packaging specification (e.g., § 178.347).
Pipeline and Hazardous Materials D. Provisions Adopted in This Final Rule • Addressing inconsistencies with
Safety Administration and Discussion of Comments
1. Cargo Tank Specification
domestic and international labels and
2. Chlorine Institute Publications placards.
49 CFR Parts 171, 172, 173, 176, 178, 3. International Label and Placard • Revising § 173.150(g) include the
and 180 Consistency use of the International System of Units
4. Limited Quantities of Ammonium (SI).
[Docket No. PHMSA–2015–0102 (HM–219A)] Nitrate by Vessel • Excepting limited quantities of
RIN 2137–AF09 5. Use of Combination Packages Tested ‘‘UN1942, Ammonium nitrate’’ from
With a Liquid requiring permission from the Captain
Hazardous Materials: Response to 6. Shipping Names for Roadway Striping
of the Port (COTP) before being loaded
Petitions From Industry To Modify, Vehicles
7. Toxic by Inhalation Tank Car Lifespan or unloaded from a vessel at a
Clarify, or Eliminate Regulations 8. Limited Quantity Pallets waterfront facility.
9. Emergency Response Numbers • Allowing for combination non-bulk
AGENCY: Pipeline and Hazardous
10. Units of Measurement for Limited packagings that are tested and marked
Materials Safety Administration
Quantities of Ethyl Alcohol for a liquid hazardous material to be
(PHMSA), DOT. 11. Cylinder Valves and Protection Caps filled with a solid hazardous material.
ACTION: Final rule. 12. Recordkeeping Requirements for • Including an additional hazardous
Portable Tanks material description for transport in
SUMMARY: In this rulemaking, PHMSA is 13. Printing Tolerances for Labels and
amending the Hazardous Materials Placards roadway striping vehicles.
Regulations in response to 19 petitions 14. Incorporation of Department of Defense • Extending the service life of interim
for rulemaking submitted by the Standards compliant toxic inhalation hazard (TIH)
regulated community to update, clarify, 15. Service Pressure Marking for DOT 8 tank cars to the full service life of all
streamline, or provide relief from
and DOT 8L Cylinders other tank cars.
miscellaneous regulatory requirements.
16. Incorporation of CGA Publication • Allowing the use of plastic, metal,
17. Use of Electronic Manifest or composite pallets to transport
By adopting these deregulatory 18. Marked Date of Manufacture on
amendments, PHMSA is allowing more materials classed and marked as limited
Composite IBCs
efficient and effective ways of 19. Basis Weight Tolerances for Liners and
quantities.
transporting hazardous materials in Mediums Used in the Manufacture of • No longer mandating that excepted
commerce while maintaining an Specification UN 4G Fiberboard Boxes quantities comply with the emergency
equivalent level of safety. IV. Section-by-Section Review response telephone requirement.
V. Regulatory Analyses and Notices • Harmonizing the recordkeeping
DATES: A. Statutory/Legal Authority for This requirements for portable tanks.
Effective date: This rule is effective Rulemaking • Allowing for printing tolerances for
December 7, 2018. B. Executive Order 12866, Executive Order labels and placards.
Incorporation by reference date: The 13563, Executive Order 13610, Executive
• Allowing electronic signatures for
incorporation by reference of certain Order 13771, and DOT Regulatory
Policies and Procedures Environmental Protection Agency (EPA)
publications listed in this final rule is manifest forms.
C. Executive Order 13132
approved by the Director of the Federal • No longer requiring the service
D. Executive Order 13175
Register as of December 7, 2018. E. Regulatory Flexibility Act, Executive pressure to be marked on Department of
Voluntary compliance date: Order 13272, and DOT Procedures and Transportation (DOT) 8 and 8L
November 7, 2018. Policies cylinders.
Delayed compliance date: Unless F. Paperwork Reduction Act • Acknowledging that the marked
otherwise specified, compliance with G. Regulation Identifier Number (RIN)
date of manufacture on a composite
the amendments adopted in this final H. Unfunded Mandates Reform Act
I. Environmental Assessment intermediate bulk container (IBC) may
rule is required beginning November 7, differ from the marked date of
J. Privacy Act
2019. manufacture on the inner receptacle of
K. Executive Order 13609 and International
FOR FURTHER INFORMATION CONTACT: Trade Analysis that IBC.
Steven Andrews, (202) 366–8553, L. National Technology Transfer and • Revising the basis weight tolerance
steven.andrews@dot.gov, Office of Advancement Act for fiberboard boxes from +/¥ 5% to +/
Hazardous Materials Standards, List of Subjects ¥ 10% from the nominal basis weight
Pipeline and Hazardous Materials Safety I. Executive Summary reported in the initial design
Administration, U.S. Department of qualification test report.
Transportation, 1200 New Jersey In response to petitions for
Avenue SE, Washington, DC 20590– rulemaking submitted by the regulated II. Background
0001. community, PHMSA is amending the A. Notice of Proposed Rulemaking
Hazardous Materials Regulations (HMR;
SUPPLEMENTARY INFORMATION: 49 CFR parts 171–180) to update, On June 30, 2016, PHMSA (also ‘‘we’’
Table of Contents clarify, streamline, or provide relief or ‘‘us’’) published in the Federal
from miscellaneous regulatory Register a notice of proposed
I. Executive Summary requirements. Specifically, PHMSA is: rulemaking (NPRM) titled, ‘‘Hazardous
II. Background • Incorporating by Reference (IBR)
amozie on DSK3GDR082PROD with RULES2
Materials: Miscellaneous Petitions for
A. Notice of Proposed Rulemaking Rulemaking (RRR)’’ under Docket No.
B. Commenters
multiple publications from the
III. Discussion of Amendments and Compressed Gas Association (CGA), the PHMSA–2016–0102 (HM–219A). This
Applicable Comments Chlorine Institute, and the Department deregulatory rulemaking action is part
A. General Comments of Defense (DoD). of PHMSA’s retrospective review efforts
B. Comments Beyond the Scope of This • Revising the table in that are designed to identify ways to
Rulemaking § 180.407(g)(1)(iv) to make this section improve the HMR.
VerDate Sep<11>2014 18:24 Nov 06, 2018 Jkt 247001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\07NOR2.SGM 07NOR2](https://thefederalregister.org/doc/83_FR_56008/page/1.svg)
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commenter would suggest including in (DOT 407, MC 304, and MC 307) to the HMR. In the NPRM, PHMSA
a future rulemaking. harmonize the periodic hydrostatic proposed to include the following
testing required by part 180 with the updated documents in the referenced
C. Provisions Not Adopted in This Final
initial testing for the applicable material:
Rule and Discussion of Comments
packaging specification prescribed in • Chlorine Institute Emergency Kit
This section discusses the changes part 178. The proposed revisions aimed ‘‘A’’ for 100-lb. & 150-lb. Chlorine
proposed in the NPRM that are not to further clarify that test pressures (in Cylinders, Edition 12, Revision 2, July
being adopted in this final rule. In the case of periodic pneumatic testing 2014. Emergency Kit ‘‘A’’ is designed for
preamble to the NPRM, PHMSA required by part 180) are already use with the standard DOT 3A480 and
inadvertently included a section on consistent with the initial testing for the 3AA480 100 and 150-pound capacity
petition P–1655 from the Dangerous applicable packaging specification cylinders in chlorine service only.
Goods Trainers Association (DGTA). prescribed in part 178. Emergency Kit ‘‘A’’ contains devices
PHMSA did not propose any regulatory In response to the proposal, PHMSA and tools to contain leaks in and around
text and is therefore not addressing this received comments from Daniel the cylinder valve and in the side wall
petition at this time. PHMSA anticipates Shelton, Truck Trailer Manufacturers of chlorine cylinders. The Chlorine
addressing this petition in a future Association (TTMA), and National Institute Emergency Kit ‘‘A’’ is the only
rulemaking. Propane Gas Association (NPGA). NPGA chlorine emergency kit for chlorine
D. Provisions Adopted in This Final noted a discrepancy in the preamble cylinders that is manufactured to the
Rule and Discussion of Comments text and proposed regulatory text. design specifications of the Chlorine
Specifically, NPGA referenced the Institute. Under certain circumstances
This section discusses the changes preamble text that identifies revisions to
proposed in the NPRM and the U.S. DOT regulations permit
certain cargo tank specifications for transportation of a chlorine cylinder
comments received in response. Based hydrostatic testing of DOT 407, MC 304,
on an assessment of the proposed with an Emergency Kit ‘‘A’’. See 49 CFR
and MC 307. However, NPGA noted that 173.3(e).
changes and the comments received, the proposed regulatory text adds the
PHMSA is adopting the following • Chlorine Institute Emergency Kit
increased test pressure for all cargo ‘‘B’’ for Chlorine Ton Containers,
provisions in this final rule. Also, to tanks, rather than just those
clearly identify the issues addressed in Edition 11, Revision 1, July 2014.
specifications identified in the Emergency Kit ‘‘B’’ is designed for use
this rule, PHMSA provides the preamble. NPGA requested that PHMSA
following list of adopted amendments with the standard DOT 106A500X
resolve the discrepancy to ensure it is
discussed in this section: chlorine ton container and can also be
consistent with both the administration
used with 110A500W in chlorine
1. Cargo Tank Specification and the petitioner’s intent. PHMSA
service. Emergency Kit ‘‘B’’ contains
agrees with the commenter and is
In petition P–1615, The Walker Group devices and tools to contain leaks in and
adding to each entry the phrase, ‘‘The
requested revisions to the table in around the ton container valves and in
test pressure on the name plate or
§ 180.407(g)(1)(iv) to make this section the side wall of ton containers. The
specification plate, or 1.5 times the
consistent with the applicable Chlorine Institute Emergency Kit ‘‘B’’ is
MAWP, whichever is greater.’’
packaging specification (e.g., § 178.347). Daniel Shelton requested PHMSA the only chlorine emergency kit for ton
A cargo tank manufactured to the adopt the increased test pressure containers that is manufactured to the
requirements of the applicable DOT requirements for MC 306 cargo tanks in design specifications of The Chlorine
specifications has to be tested in addition to the proposed language. Institute. Under certain circumstances
accordance with the HMR. Currently, Specifically, the suggestion stemmed U.S. DOT regulations permit
the design specifications for cargo tanks from industry confusion on the transportation of a chlorine ton
in § 178.320 contain general appropriate test pressure that should be container with an Emergency Kit ‘‘B’’.
requirements applicable to all cargo used for cargo tanks. PHMSA agrees See 49 CFR 173.3(e).
tanks. The design specifications, and, as stated above, is adding the • Pamphlet 57, Emergency Shut-Off
including the test pressures for older revised language to all entries in Systems for Bulk Transfer of Chlorine,
cargo tanks that are no longer § 180.407(g)(1)(iv). Edition 6, June 2015. This pamphlet
authorized for manufacture but still TTMA supported the petition and the covers the recommended practices for
authorized for use, were last found in proposed amendment but noted a minor emergency shut-off protection during
the 1985 edition of the HMR (e.g., MC error in the table for the DOT 412 entry. chlorine transfers involving bulk
306—§ 178.341–7; MC 307—§ 178.342– TTMA believed this note should read: containers.
7; MC 312—§ 178.343–7). ‘‘[t]he test pressure on the name plate or • Pamphlet 168, Guidelines for Dual
This petition seeks to eliminate specification plate, or 1.5 times the Valve Systems for Bulk Chlorine
confusion by changing the regulations to MAWP, whichever is greater.’’ PHMSA Transport, Edition 2, July 2015. The
allow the use of the marked test agrees with TTMA and is adding ‘‘or’’ purpose of this pamphlet is to set forth
pressure on the cargo tank nameplate as as appropriate to the table in performance/selection criteria that
the requalification test pressure and to § 180.407(g)(1)(iv). should be utilized in identifying dual
amend every entry in the valve systems for bulk chlorine
§ 180.407(g)(1)(iv) test pressure table by 2. Chlorine Institute Publications transportation applications (i.e., tank
beginning the entries with the phrase, In petition P–1619, the Chlorine cars, cargo tanks and barges). These
‘‘[t]he test pressure on the nameplate Institute requested that updates to configurations are intended to meet U.S.
amozie on DSK3GDR082PROD with RULES2
(specification plate).’’ PHMSA publications currently listed in Department of Transportation (DOT)
conducted a technical and policy review § 171.7(l)—specifically § 171.7(l)(1), (2), and Transport Canada (TC) performance
of the petition. Instead of modifying (5), and (12)—and referenced in various requirements. This pamphlet contains
every test pressure entry as suggested by sections of the HMR be incorporated by information pertaining to
the petitioner, PHMSA proposed in the reference. PHMSA conducted a review standardizations, performance/design
NPRM that revisions should only apply of these publications and found them criteria, operational considerations and
to certain cargo tank specifications suitable to propose incorporation into installation considerations, as well as an
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intended to incorporate in this section: of UN2735 ‘‘Amines, Liquid, Corrosive, relevant specifications to 20 years from
‘‘A Packing Group I packaging may be n.o.s., 8, III’’ or ‘‘Polyamines, Liquid, the date of the cars’ construction, the
used for a Packing Group II material Corrosive, n.o.s., 8, III’’ when used as a final rule in which PHMSA adopted this
with a specific gravity not exceeding the catalyst. 20-year service life made clear that tank
greater of 1.8, or 1.5 times the specific The table in § 173.5a(c)(1) currently cars built to these specifications were
gravity marked on the packaging, or lists ‘‘UN3267, Corrosive liquid basic, intended as an interim solution to then-
with the gross mass of the package not organic, n.o.s.’’ as a catchall for existing market conditions. (74 FR 1770;
exceeding 1.5 times the gross mass corrosive liquids, while at the same time Jan. 13, 2009). These interim tank car
marked on the packaging, provided all § 172.101(c)(10)(iii) reads, ‘‘[a] mixture specifications were intended to make
the performance criteria can still be met or solution meeting the definition of one immediate safety improvements in tank
with the higher specific gravity or more hazard class that is not car construction and to ensure the
material.’’ RIPA also noted that the identified in the Table specifically by ongoing availability of tank cars for the
proposed language to § 173.24a as ‘‘or name, comprised of two or more transportation of TIH materials while
gross mass of the package’’ is inexact hazardous materials in the same hazard the Department moved forward with the
and confusing. RIPA commented that in class, must be described using an development and validation of an
most cases ‘‘gross mass’’ is not marked appropriate shipping description (e.g., enhanced performance standard for TIH
on package tested for a liquid. RIPA ‘Flammable liquid, n.o.s.’).’’ Further, tank cars and the incorporation of such
believed PHMSA should ensure that the commodities that can be described an enhanced standard into the HMR.
upper limit of 400 kg net mass for the explicitly (not comprised of two or more With the understanding of the interim
definition of non-bulk packages would hazardous materials) should be listed by nature of these cars, PHMSA intended
not be exceeded when using this ‘‘the name that most appropriately the 20-year authorized service life to
section. RIPA also noted that PHMSA describes the material,’’ with the guarantee tank car owners a reasonable
specified in the preamble that the example being an alcohol not listed by service life for the cars, even if the
adoption of P–1625 was for combination its technical name in the table being Department were to issue a new tank car
packages; however, combination described as ‘‘Alcohol, n.o.s’’ rather standard in the years immediately
packages are not referenced in the than ‘‘Flammable liquid, n.o.s.’’ Because following the 2009 final rule [74 FR
proposed regulatory text of § 173.24a. an amine compound is the single 1770]. The Department is still working
RIPA indicated their belief that hazardous corrosive component in 3M’s towards developing and implementing
combination packages were not eligible pavement marking liquid, PHMSA an enhanced performance standard for
for filling provisions of solids in liquid believes this change will not result in TIH materials tank cars. PHMSA’s
rated packages because of safety measurable economic or safety impacts. review of the petition found that there
concerns and that the exclusion of In the NPRM, PHMSA proposed to add is likely economic merit in undertaking
combination packages is correct if safety proper shipping names to the list of a rulemaking as requested. In the
can be shown as a risk. authorized materials in § 173.5a(c)(1). NPRM, PHMSA proposed to revise
PHMSA agrees with COSTHA’s PHMSA received no comments either § 173.31(e)(2)(iii) to remove the 20-year
proposed language with respect to the supporting or opposing this proposal. service life, which will allow continued
gross mass of the package and is Therefore, PHMSA is incorporating the use of the interim compliant TIH tank
updating the language in this final rule changes to § 173.5a(c)(l) as proposed to cars to the full service life of all other
to accurately reflect the intention of the allow the shipping descriptions tank cars, as allowed in § 215.203.
NPRM. PHMSA is also adding a ‘‘UN2735, Amines, Liquid, Corrosive, In response to the proposed changes
statement stating that ‘‘packages shall n.o.s., 8, III’’ or ‘‘Polyamines, Liquid, in the NPRM, PHMSA received
not exceed 400 kg’’ to ensure only non- Corrosive, n.o.s., 8, III’’ when used as a comments from American Chemistry
bulk packages could be used in this catalyst. Council (ACC), Railway Supply Institute
section. PHMSA is also removing the (RSI), Dow Chemical, Railway Supply
7. Toxic by Inhalation Tank Car
text for single and composite (thus Institute Committee on Tank Cars
Lifespan
encompassing all non-bulk packages) to (RSICTC), and DGAC. All commenters
clarify that it was PHMSA’s intent in the In petition P–1636, the Chlorine expressed support to extend the service
NPRM to allow for single, combination, Institute requested that PHMSA extend life of TIH tank cars as proposed.
and composite packages to be able to the service life of interim compliant RSICTC added that extending the
use this section. While RIPA did note toxic inhalation hazard (TIH) tank cars service life of the TIH tank cars would
some safety concerns with including to the full service life of all other tank provide an economic incentive for
combination packages in this section, cars as allowed in § 215.203 of the further investment in tank cars with at
PHMSA believes the concerns are Federal Railroad Administration (FRA) least a 50 percent improvement in
unfounded. PHMSA believes the factors regulations. Specifically, the Chlorine crashworthiness. PHMSA agrees with
used to convert between the different Institute requested a revision to the commenters and is therefore
packing groups correspond with the paragraph § 173.31(e)(2)(iii), which incorporating the changes in
multiples between the drop test heights, specifies a 20-year allowable service life § 173.31(e)(2)(iii) to remove the 20-year
accounting for the change in testing for tank cars transporting TIH materials service life, which will extend the use
needed to certify a package for a greater that were built to specifications of the interim compliant TIH tank cars
weight at a lower packing group. contemplated in the HM–246 to the full service life of all other tank
rulemaking because of an expected cars as allowed in § 215.203.
6. Shipping Names for Roadway delay of at least 8 to 10 years before a PHMSA received a petition for
Striping Vehicles
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permanent TIH design standard and rulemaking (P–1691) from the American
In petition P–1634, 3M Company specification would be available from Association of Railroads (AAR)/The
requested an amendment to the table in the Advanced Tank Car Collaborative Chlorine Institute/American Chemistry
§ 173.5a(c)(l) to include an additional Research Program (ATCCRP). Council (ACC)/The Fertilizer Institute/
hazardous material description for Although the plain language of Railway Supply Institute (RSI) on
transport in roadway striping vehicles. § 173.31(e)(2)(iii) limits the authorized December 16, 2016, requesting that
Specifically, 3M requested the addition service life of tank cars meeting the PHMSA revise the HMR to make the
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SUMMARY OF PROBABLE ENVIRONMENTAL IMPACTS BY AMENDMENTS—Continued
Proposed amendment(s) to HMR Type of amendment(s) Probable environmental impact(s) anticipated
(numbered as above herein)
16. Incorporation of CGA Publications ............... Standard Incorporation .................................... No impacts—slightly positive benefits.
17. Use of Electronic Manifest ........................... Update (Technology/Design), Regulatory No impacts—slightly positive benefits.
Flexibility.
18. Marked Date of Manufacture on Composite Harmonization .................................................. No impacts—slightly positive benefits.
IBCs.
19. Basis Weight Tolerances for Liners and Me- Regulatory Flexibility ........................................ No impacts.
diums Used in the Manufacture of Specifica-
tion UN 4G Boxes.
Preferred Alternative risks of an accidental or intentional United States. For purposes of these
PHMSA has selected the Preferred release of hazardous materials and requirements, Federal agencies may
Alternative. As discussed in the table consequent environmental damage. participate in the establishment of
above, we expect no or very slight PHMSA believes that there are no non- international standards, so long as the
positive environmental impacts from negligible environmental impacts standards have a legitimate domestic
the Preferred Alternative. associated with this final rule. objective, such as providing for safety,
J. Privacy Act and do not operate to exclude imports
Agencies Consulted that meet this objective. The statute also
Anyone is able to search the
This final rule would affect some requires consideration of international
electronic form of any written
PHMSA stakeholders, including standards and, where appropriate, that
communications and comments
hazardous materials shippers and they be the basis for U.S. standards.
received into any of our dockets by the
carriers by highway, rail, vessel, and
name of the individual submitting the PHMSA participates in the
aircraft, as well as package
document (or signing the document, if establishment of international standards
manufacturers and testers. PHMSA
submitted on behalf of an association, in order to protect the safety of the
sought comment on the Environmental
business, labor union, etc.). DOT posts American public, and we have assessed
Assessment contained in the June 30,
these comments, without edit, including the effects of the final rule to ensure that
2016, NPRM published under Docket
any personal information the it does not cause unnecessary obstacles
No. PHMSA 2015–0102 [81 FR 42609]
commenter provides, to to foreign trade. Accordingly, this
(HM–219A); however, PHMSA did not www.regulations.gov, as described in
receive any comments. In addition, rulemaking is consistent with Executive
the system of records notice (DOT/ALL– Order 13609 and PHMSA’s obligations
PHMSA sought comment from the 14 FDMS), which can be reviewed at
following Federal agencies and modal under the Trade Agreement Act, as
www.dot.gov/privacy.
partners: amended.
• Department of Defense K. Executive Order 13609 and
L. National Technology Transfer and
• Environmental Protection Agency International Trade Analysis
Advancement Act
• Federal Aviation Administration Under Executive Order 13609,
• Federal Motor Carrier Safety ‘‘Promoting International Regulatory The National Technology Transfer
Administration Cooperation’’ (77 FR 26413; May 4, and Advancement Act of 1995 (15
• Federal Railroad Administration 2012), agencies must consider whether U.S.C. 272 note) directs Federal
• United States Coast Guard (USCG) the impacts associated with significant agencies to use voluntary consensus
These Federal agencies did not submit variations between domestic and standards in their regulatory activities
to PHMSA any adverse comments on international regulatory approaches are unless doing so would be inconsistent
the amendments proposed in the NPRM. unnecessary or may impair the ability of with applicable law or otherwise
Conclusion American business to export and impractical. Voluntary consensus
compete internationally. In meeting
The revisions in this final rule are standards are technical standards (e.g.,
shared challenges involving health,
intended to update, clarify, or provide specification of materials, test methods,
safety, labor, security, environmental,
relief from certain existing regulatory and other issues, international or performance requirements) that are
requirements to promote safer regulatory cooperation can identify developed or adopted by voluntary
transportation practices; eliminate approaches that are at least as protective consensus standard bodies. This final
unnecessary regulatory requirements; as those that are or would be adopted in rule involves multiple voluntary
facilitate international commerce; and the absence of such cooperation. consensus standards which are
make these requirements easier to International regulatory cooperation can discussed at length in the ‘‘Section-by-
understand. These amendments will also reduce, eliminate, or prevent Section Review’’ for § 171.7.
foster a greater level of compliance with unnecessary differences in regulatory List of Subjects
the HMR, and thus the net requirements.
environmental impact of this proposal Similarly, the Trade Agreements Act 49 CFR Part 171
amozie on DSK3GDR082PROD with RULES2
will be slightly positive. of 1979 (Pub. L. 96–39), as amended by
The provisions of this final rule build the Uruguay Round Agreements Act Exports, Hazardous materials
on current regulatory requirements to (Pub. L. 103–465), prohibits Federal transportation, Hazardous waste,
enhance the transportation safety and agencies from establishing any Imports, Incorporation by reference,
security of shipments of hazardous standards or engaging in related Reporting and recordkeeping
materials transported by highway, rail, activities that create unnecessary requirements, Definitions and
aircraft, and vessel, thereby reducing the obstacles to the foreign commerce of the abbreviations.
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![Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Rules and Regulations 55807
least 110 mm (4.3 inches) in height by 1, 2017, in conformance with the (vi) Castor meal.
120 mm (4.7 inches) in width. The requirements of this paragraph in effect (vii) Castor pomace.
words ‘‘CARGO AIRCRAFT ONLY’’ on December 31, 2014, may continue in (viii) Consumer commodity.
must be shown in letters measuring at service until the end of its useful life (ix) Dry ice.
least 6.3 mm (0.25 inches) in height. provided the color tolerances are (x) Engines, internal combustion.
(3) Except as otherwise provided in maintained and are in accordance with (xi) Fish meal, stabilized.
this subpart, the hazard class number, or the display requirements of this (xii) Fish scrap, stabilized.
division number, as appropriate, must subchapter. (xiii) Krill Meal, PG III.
be at least 6.3 mm (0.25 inches) and not (2) Except as otherwise provided in (xiv) Refrigerating machine.
greater than 12.7 mm (0.5 inches). this subpart, the hazard class or division (xv) Vehicle, flammable gas powered.
(4) When text indicating a hazard is number, as appropriate, must be shown (xvi) Vehicle, flammable liquid
displayed on a label, the label name in numerals measuring at least 41 mm
must be shown in letters measuring at powered.
(1.6 inches) in height. (xvii) Wheelchair, electric.
least 7.6 mm (0.3 inches) in height. For (3) Except as otherwise provided in
SPONTANEOUSLY COMBUSTIBLE or (3) Transportation vehicles or freight
this subpart, when text indicating a containers containing lading that has
DANGEROUS WHEN WET labels, the hazard is displayed on a placard, the
words ‘‘Spontaneously’’ and ‘‘When been fumigated and displaying the
printing must be in letters measuring at FUMIGANT marking (see § 172.302(g))
Wet’’ must be shown in letters least 41 mm (1.6 inches) in height.
measuring at least 5.1 mm (0.2 inches) as required by § 173.9 of this
* * * * * subchapter, unless other hazardous
in height.
(5) The symbol on each label must be (f) Exceptions. When hazardous materials are present in the cargo
proportionate in size to that shown in materials are offered for transportation transport unit.
the appropriate section of this subpart. or transported under the provisions of
subpart C of part 171 of this subchapter, PART 173—SHIPPERS—GENERAL
* * * * * a placard conforming to the REQUIREMENTS FOR SHIPMENTS
(f) Exceptions. Except for materials
specifications in the UN AND PACKAGINGS
poisonous by inhalation (see § 171.8 of
Recommendations, the ICAO Technical
this subchapter), a label conforming to ■ 8. The authority citation for part 173
Instructions, the IMDG Code, or the
specifications in the UN continues to read as follows:
Transport Canada TDG Regulations
Recommendations, the ICAO Technical
(IBR, see § 171.7 of this subchapter) may Authority: 49 U.S.C. 5101–5128, 44701; 49
Instructions, the IMDG Code, or the
be used in place of a corresponding CFR 1.81, 1.96 and 1.97.
Transport Canada TDG Regulations
placard conforming to the requirements
(IBR, see § 171.7 of this subchapter) may § 173.3 [Amended]
be used in place of a corresponding of this subpart. However, a bulk
label that conforms to the requirements packaging, transport vehicle, or freight ■ 9. Amend § 173.3 by:
of this subpart. container containing a material ■ a. In paragraph (e)(1), adding ‘‘(with
poisonous by inhalation (see § 171.8 of the exception of repair method using
* * * * * this subchapter) must be placarded in Device 8 for side leaks)’’ immediately
■ 6. Amend § 172.519 by revising accordance with this subpart (see after the phrase ‘‘Chlorine Institute
paragraphs (c) and (f) to read as follows: § 171.23(b)(10) of this subchapter). Emergency Kit ‘‘A’’; and
§ 172.519 General specifications for * * * * * ■ b. In paragraph (e)(2), adding ‘‘(with
placards. ■ 7. Amend § 172.604 by revising the exception of repair method using
* * * * * paragraph (d) to read as follows: Device 9 for side leaks)’’ immediately
(c) Size. (1) Each diamond (square-on- after the phrase ‘‘Chlorine Institute
point) placard prescribed in this subpart § 172.604 Emergency response telephone Emergency Kit ‘‘B’’.
must measure at least 250 mm (9.84 number.
■ 10. Amend § 173.5a by revising
inches) on each side and must have a * * * * * paragraph (c)(1) to read as follows:
solid line inner border approximately (d) The requirements of this section
12.5 mm inside and parallel to the edge. do not apply to— § 173.5a Oilfield service vehicles,
The 12.5 mm measurement is from the (1) Hazardous materials that are mechanical displacement meter provers,
offered for transportation under the and roadway striping vehicles exceptions.
outside edge of the placard to the
outside of the solid line forming the provisions applicable to limited * * * * *
inner border. quantities or excepted quantities; or (c) * * *
(i) Transitional exceptions. A placard (2) Materials properly described (1) Authorized materials. Only the
in conformance with the requirements under the following shipping names: hazardous materials listed in the table 1
of this paragraph in effect on December (i) Battery powered equipment. to this paragraph (c)(1) may be
31, 2014, may continue to be used until (ii) Battery powered vehicle. transported in roadway striping
December 31, 2016. (iii) Carbon dioxide, solid. vehicles. Cargo tanks may not be filled
(ii) Domestic transportation. A (iv) Castor bean. to a capacity that would be greater than
placard manufactured prior to January (v) Castor flake. liquid full at 130 °F.
TABLE 1 TO PARAGRAPH (c)(1)—HAZARDOUS MATERIALS DESCRIPTION
Hazard class/ Packing
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Proper shipping name Identification No.
division group
Acetone a ......................................................................................................................................... 3 UN1090 II.
Adhesives, containing a flammable liquid ....................................................................................... 3 UN1133 II.
Amines, liquid, corrosive, n.o.s.b or Polyamines, liquid, corrosive, n.o.s b ..................................... 8 UN2735 III.
Corrosive liquid, basic, organic, n.o.s b ........................................................................................... 8 UN3267 III.
Corrosive liquids, n.o.s b .................................................................................................................. 8 UN1760 III.
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TABLE 1 TO PARAGRAPH (c)(1)—HAZARDOUS MATERIALS DESCRIPTION—Continued
Hazard class/ Packing
Proper shipping name Identification No.
division group
Dichloromethane a ........................................................................................................................... 6.1 UN1593 III.
Elevated temperature liquid, n.o.s., at or above 100 °C and below its flash point (including mol- 9 UN3257 III.
ten metals, molten salts, etc.) c.
Environmentally hazardous substance, liquid, n.o.s b ..................................................................... 9 UN3082 III.
Ethyl acetate a .................................................................................................................................. 3 UN1173 II.
Ethyl methyl ketone or Methyl ethyl ketone a .................................................................................. 3 UN1193 II.
Flammable liquids, n.o.s d ............................................................................................................... 3 UN1993 II.
Gasoline ........................................................................................................................................... 3 UN1203 II.
Methanol a ........................................................................................................................................ 3 UN1230 II.
Organic peroxide type E, liquid (Dibenzoyl peroxide) b ................................................................... 5.2 UN3107 NA.
Paint including paint, lacquer, enamel, stain, shellac solution, varnish, polish, liquid filler, and 3 UN1263 II.
liquid lacquer base.
Paint related material including paint thinning drying, removing, or reducing compound .............. 3 UN1263 II.
Petroleum distillates, n.o.s. or Petroleum products, n.o.s a ............................................................ 3 UN1268 III.
Toluene a .......................................................................................................................................... 3 UN1294 II.
1,1,1-Trichloroethane a .................................................................................................................... 6.1 UN2831 III.
Xylenes a .......................................................................................................................................... 3 UN1307 II, III.
a: Solvent.
b: Catalyst.
c: Thermoplastic material non-hazardous at room temperature.
d: Adhesive containing ethyl acetate.
* * * * * (iii) A Packing Group II packaging the package marked on the packaging, or
may be used for a Packing Group III 1.2 if not marked.
§ 173.7 [Amended] material with a specific gravity not (iii) A non-bulk packaging not
■ 11. Amend § 173.7, by removing in exceeding the greater of 1.8, or 1.5 times exceeding 400 kg which is tested and
the introductory text of paragraph (a) the specific gravity or gross mass of the marked for Packing Group II liquid
‘‘DLAD 4145.41/AR 700–143/AFJI 24– package marked on the packaging, hazardous materials may be filled with
210/NAVSUPINST 4030.55B/MCO provided all the performance criteria a solid Packing Group III hazardous
4030.40B’’ and adding in its place can still be met with the higher specific material to a gross mass, in kilograms,
‘‘DLAR 4145.41/AR 700–143/ gravity material. not exceeding the rated capacity of the
NAVSUPINST 4030.55D/AFMAN 24– * * * * * packaging in liters, or gross mass of the
210_IP/MCO 4030.40C’’. (3) A non-bulk packaging not package, multiplied by 1.5, multiplied
■ 12. Amend § 173.24a by revising exceeding 400 kg which is tested and by the specific gravity or gross mass of
paragraphs (b)(1) and (b)(3) to read as marked for liquid hazardous materials the package marked on the packaging, or
follows: may be filled with a solid hazardous 1.2 if not marked.
material to a gross mass, in kilograms, * * * * *
§ 173.24a Additional general requirements not exceeding the rated capacity of the ■ 13. Amend § 173.31 by revising
for non-bulk packagings and packages. packaging in liters, or gross mass of the paragraph (e) to read as follows:
* * * * * package, multiplied by the specific
(b) * * * (1) A non-bulk packaging gravity or gross mass of the package § 173.31 Use of tank cars.
not exceeding 400 kg may be filled with marked on the packaging, or 1.2 if not * * * * *
a liquid hazardous material only when marked. In addition: (e) Special requirements for materials
the specific gravity of the material or (i) A non-bulk packaging not poisonous by inhalation—(1) Interior
gross mass of the package does not exceeding 400 kg which is tested and heater coils. Tank cars used for
exceed that marked on the packaging, or marked for Packing Group I liquid materials poisonous by inhalation may
a specific gravity of 1.2 if not marked, hazardous materials may be filled with not have interior heater coils.
except as follows: a solid Packing Group II hazardous (2) Tank car specifications. A tank car
(i) A Packing Group I packaging may material to a gross mass, in kilograms, used for a material poisonous by
be used for a Packing Group II material not exceeding the rated capacity of the inhalation must have a tank test
with a specific gravity not exceeding the packaging in liters, or gross mass of the pressure of 20.7 Bar (300 psig) or
greater of 1.8, or 1.5 times the specific package, multiplied by 1.5, multiplied greater, head protection, and a metal
gravity or gross mass of the package by the specific gravity or gross mass of jacket (e.g., DOT 105S300W), except
marked on the packaging, provided all the package marked on the packaging, or that—
the performance criteria can still be met 1.2 if not marked. (i) A higher test pressure is required
with the higher specific gravity material; (ii) A non-bulk packaging not if otherwise specified in this
(ii) A Packing Group I packaging may exceeding 400 kg which is tested and subchapter; and
be used for a Packing Group III material marked for Packing Group I liquid (ii) Each tank car constructed on or
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with a specific gravity not exceeding the hazardous materials may be filled with after March 16, 2009, and used for the
greater of 2.7, or 2.25 times the specific a solid Packing Group III hazardous transportation of PIH materials must
gravity or gross mass of the package material to a gross mass, in kilograms, meet the applicable authorized tank car
marked on the packaging, provided all not exceeding the rated capacity of the specifications and standards listed in
the performance criteria can still be met packaging in liters, or gross mass of the § 173.244(a)(2) or (3) and § 173.314(c) or
with the higher specific gravity material; package, multiplied by 2.25, multiplied (d).
and by the specific gravity or gross mass of (iii) [Reserved]
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(iv) A tank car owner retiring or kilograms (1 pound) the company name requirements specified in subpart D of
otherwise removing a tank car from and the words ‘‘Contains Ethyl Alcohol’’ part 172 of this subchapter, and the 30
service transporting materials poisonous are marked on the package. kg (66 pounds) gross weight limitation
by inhalation, other than because of (iii) The net liquid contents of all when—
damage to the car, must retire or remove inner packagings in any single outer (i) Unitized in cages, carts, boxes or
cars constructed of non-normalized steel packaging may not exceed 5.6 liters (1.5 similar overpacks;
in the head or shell before removing any gallons). The net solid contents of all (ii) Offered for transportation or
car in service transporting materials inner packagings in any single outer transported by:
poisonous by inhalation constructed of packaging may not exceed 14.9 (A) Rail;
normalized steel meeting the applicable kilograms (33 pounds). The gross weight (B) Private or contract motor carrier;
DOT specification. of any single outer package shipped may or
* * * * * not exceed 29.9 kilograms (66 pounds); (C) Common carrier in a vehicle under
Inner packagings must be secured and exclusive use for such service; and
§ 173.56 [Amended] cushioned within the outer package to (iii) Transported to or from a
■ 14. In § 173.56 amend paragraph prevent breakage, leakage, and manufacturer, a distribution center, or a
(b)(2)(i) by removing ‘‘DoD Explosives movement. retail outlet, or transported to a disposal
Hazard Classification Procedures’’ and (2) Beverages, food, cosmetics and facility from one offeror.
adding in its place ‘‘DoD Ammunition medicines, medical screening solutions, (2) The 30 kg (66 pounds) gross
and Explosives Hazard Classification and concentrates sold as retail products weight limitation does not apply to
Procedures’’. containing ethyl alcohol classed as a packages of limited quantity materials
flammable liquid or flammable solid marked in accordance with § 172.315 of
■ 15. Amend § 173.150 by revising
containing more than 70% ethyl alcohol this subchapter, or, until December 31,
paragraph (g) to read as follows:
by volume, by weight for solids are 2020, materials classed and marked as
§ 173.150 Exceptions for Class 3 excepted from the HMR provided that: ORM–D and described as a Consumer
(flammable and combustible liquids). (i) For inner packagings containing commodity, as defined in § 171.8 of this
* * * * * liquids the volume does not exceed 0.23 subchapter, when offered for
(g) Limited quantities of retail liters (0.063 gallons) in capacity; transportation or transported by
products containing ethyl alcohol. (1) (ii) Solids containing ethyl alcohol are highway or rail between a manufacturer,
Beverages, food, cosmetics and not packed in inner packagings a distribution center, and a retail outlet
medicines, medical screening solutions, exceeding 0.22 kilograms (0.5 pounds) provided—
and concentrates sold as retail products in weight; (i) Inner packagings conform to the
containing ethyl alcohol classed as a (iii) The net liquid contents of all quantity limits for inner packagings
flammable liquid or flammable solid inner packagings in any single outer specified in §§ 173.150(b), 173.152(b),
containing not more than 70% ethyl packaging may not exceed 5.6 liters (1.5 173.154(b), 173.155(b), 173.306(a) and
alcohol by volume for liquids, by weight gallons). The net solid contents of all (b), and 173.309(b), as appropriate;
for solids are excepted from the HMR inner packagings in any single outer (ii) The inner packagings are packed
provided that: packaging may not exceed 14.9 into corrugated fiberboard trays to
(i) For non-glass inner packagings: kilograms (33 pounds). The gross weight prevent them from moving freely;
(A) The volume does not exceed 0.47 of any single outer package shipped may (iii) The trays are placed in a
liters (0.125 gallons) in capacity for not exceed 29.9 kilograms (66 pounds). fiberboard box which is banded and
liquids; or Inner packagings must be secured and secured to a metal, plastic, composite,
(B) For volumes greater than 0.47 cushioned within the outer package to or wooden pallet by metal, fabric, or
liters (0.125 gallons) but not exceeding prevent breakage, leakage, and plastic straps, to form a single palletized
3.8 liters (1 gallon) the company name movement. unit. Hazardous materials should be
and the words ‘‘Contains Ethyl Alcohol’’ (3) For transportation by passenger or compatible with the pallet material;
are marked on the package; cargo aircraft, no outer package may be (iv) The package conforms to the
(C) Solids containing ethyl alcohol transported which contains an inner general packaging requirements of
may be packaged in non-glass inner packaging exceeding: subpart B of this part; and
packagings not exceeding 0.45 (i) 0.47 liters (0.125 gallons) of (v) The maximum net quantity of
kilograms (1 pound) capacity; flammable liquid; or hazardous material permitted on one
(D) For weight greater than 0.45 (ii) 0.45 kilograms (1 pound) of solids palletized unit is 250 kg (550 pounds).
kilograms (1 pound) up to 3.62 containing flammable liquid. * * * * *
kilograms (8 pounds) the company * * * * * ■ 17. In § 173.301, paragraphs (a)(11)
name and the words ‘‘Contains Ethyl ■ 16. Amend § 173.156 by revising and (12) are added to read as follows:
Alcohol’’ are marked on the package. paragraph (b) to read as follows:
(ii) For glass inner packagings: § 173.301 General requirements for
(A) The volume does not exceed 0.23 § 173.156 Exceptions for limited quantity shipment of compressed gases and other
liters (.063 gallons) in capacity; or and ORM. hazardous materials in cylinders, UN
(B) For volumes greater than 0.23 * * * * * pressure receptacles and spherical
liters (.063 gallons) to 0.47 liters (0.125 (b) Packagings for limited quantity pressure vessels.
gallons) the company name and the and ORM–D are specified according to * * * * *
words ‘‘Contains Ethyl Alcohol’’ are hazard class in §§ 173.150 through (a) * * *
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marked on the package; 173.155, 173.306, and 173.309(b). In (11) Cylinder valves manufactured on
(C) Solids containing ethyl alcohol addition to exceptions provided for or after November 7, 2019, used on
may be packaged in glass inner limited quantity and ORM–D materials cylinders to transport compressed gases
packagings not exceeding 0.22 elsewhere in this part, the following are must conform to the requirements in
kilograms (0.5 pounds); provided: CGA V–9 (IBR; see § 171.7 of this
(D) For weight greater than 0.22 (1) Strong outer packagings as subchapter). A valve for a UN pressure
kilograms (0.5 pounds) up to 0.45 specified in this part, marking receptacle must conform to the
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TABLE 1 TO PARAGRAPH (g)(1)(iv)—Continued
Specification Test pressure
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, or 1.5 times the MAWP whichever is greater.
* * * * * specification. The manufacturer’s data data report required by the ASME, the
■ 28. Amend § 180.605 by revising report, including a certificate(s) signed owner may contact the National Board
paragraph (l) to read as follows: by the manufacturer, and the authorized for a copy of the manufacturer’s data
design approval agency, as applicable, report, if the portable tank was
§ 180.605 Requirements for periodic indicating compliance with the registered with the National Board, or
testing, inspection and repair of portable applicable specification of the portable copy the information contained on the
tanks. tank, and related papers certifying that portable tanks specification plate and
* * * * * the portable tank was manufactured and ASME Code data plates.
(l) Record retention. (1) The owner of tested in accordance with the applicable
Issued in Washington, DC, on October 29,
each portable tank or his authorized specification must be retained in the 2018, under authority delegated in 49 CFR
agent shall retain a written record of the files of the owner, or his authorized 1.97.
date and results of all required agent, during the time that such portable
inspections and tests, including an Drue Pearce,
tank is used for such service, except for
ASME manufacturer’s date report, if Specifications 56 and 57 portable tanks. Deputy Administrator, Pipeline and
applicable, and the name and address of (2) If the owner does not have the Hazardous Materials Safety Administration.
the person performing the inspection or manufacturer’s certificate required by [FR Doc. 2018–23965 Filed 11–6–18; 8:45 am]
test, in accordance with the applicable the specification and the manufacturer’s BILLING CODE 4910–60–P
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Document Created: 2018-11-07 00:04:16
Document Modified: 2018-11-07 00:04:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective date: This rule is effective December 7, 2018. | |
| Contact | Steven Andrews, (202) 366-8553, [email protected], 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. | |
| FR Citation | 83 FR 55792 | |
| RIN Number | 2137-AF09 | |
| CFR Citation | 49
CFR
171 49 CFR 172 49 CFR 173 49 CFR 176 49 CFR 178 49 CFR 180 | |
| CFR Associated | Exports; Hazardous Materials Transportation; Hazardous Waste; Imports; Incorporation by Reference; Reporting and Recordkeeping Requirements; Definitions and Abbreviations; Education; Labeling; Markings; Packaging and Containers; Training; Maritime Carriers; Motor Vehicle Safety; Motor Carriers and Railroad Safety |
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