Hazardous Materials: Adoption of Miscellaneous Petitions To Reduce Regulatory Burdens
| Published date | 14 August 2019 |
| Citation | 84 FR 41556 |
| Record Number | 2019-16675 |
| Section | Proposed rules |
| Court | Pipeline And Hazardous Materials Safety Administration |
Federal Register, Volume 84 Issue 157 (Wednesday, August 14, 2019)
[Federal Register Volume 84, Number 157 (Wednesday, August 14, 2019)]
[Proposed Rules]
[Pages 41556-41594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16675]
[[Page 41555]]
Vol. 84
Wednesday,
No. 157
August 14, 2019
Part VDepartment of Transportation-----------------------------------------------------------------------Pipeline and Hazardous Materials Safety Administration-----------------------------------------------------------------------49 CFR Parts 107, 171, 172, et al.Hazardous Materials: Adoption of Miscellaneous Petitions To Reduce
Regulatory Burdens; Proposed Rule
Federal Register / Vol. 84 , No. 157 / Wednesday, August 14, 2019 /
Proposed Rules
[[Page 41556]]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, 172, 173, 178, 179, and 180
[Docket No. PHMSA-2017-0120 (HM-219C)]
RIN 2137-AF33
Hazardous Materials: Adoption of Miscellaneous Petitions To
Reduce Regulatory Burdens
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This rulemaking responds to numerous petitions for rulemaking
submitted by the regulated community that request PHMSA address a
variety of provisions, including but not limited to those addressing
packaging, hazardous communication, and incorporation by reference
documents. PHMSA proposes amendments to the Hazardous Materials
Regulations to update, clarify, improve the safety of, or provide
relief from various regulatory requirements. The proposed amendments
include adopting a phase-out schedule for certain railroad tank cars
used to transport materials poisonous by inhalation, allowing the
continued use of certain portable and mobile refrigerator systems
commonly used in the produce industry, incorporating an industry
standard that can help to enhance the production of oil and gas wells,
and incorporating an updated consensus standard which applies to the
existing market for fireworks; as well as additional proposed
amendments derived from PHMSA's petition for rulemaking process.
DATES: Comments must be submitted by October 15, 2019. To the extent
possible, PHMSA will consider late-filed comments as a final rule is
developed.
ADDRESSES: You may submit comments by identification of the docket
number (PHMSA-2017-0120 (HM-219C)) by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Fax: 1-202-493-2251.
Mail: Dockets Management System; U.S. Department of
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590-0001.
Hand Delivery: To U.S. Department of Transportation,
Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey
Avenue SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday
through Friday, except Federal holidays.
Instructions: All submissions must include the agency name and
docket number for this notice at the beginning of the comment. All
comments received will be posted without change to the Federal Docket
Management System (FDMS), including any personal information.
Docket: For access to the dockets to read background documents
(including the Preliminary Regulatory Impact Analysis (PRIA)) or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Steven Andrews or Candace Casey at
(202) 366-8553 at the 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:
Abbreviations and Terms
AAR Association of American Railroads
ACC American Chemistry Council
ADR European Agreement Concerning the International Carriage of
Dangerous Goods by Road
AESC Association of Energy Service Companies
APA American Pyrotechnics Association
ASME American Society of Mechanical Engineers
ASME BPVC ASME Boiler and Pressure Vessel Code
ATCCRP Advanced Tank Car Collaborative Research Program
CPC Casualty Prevention Circular
CEQ Council on Environmental Quality
CGA Compressed Gas Association
COSTHA Council on Safe Transportation of Hazardous Articles
DGTA Dangerous Goods Trainers Association
DOT Department of Transportation
EPA Environmental Protection Agency
GVWR Gross Vehicle Weight Rating
HMR Hazardous Materials Regulations
HMT Hazardous Materials Table (49 CFR 172.101)
IAEA International Atomic Energy Agency
IBC Intermediate Bulk Container
IBR Incorporation by Reference
ICAO International Civil Aviation Organization
ICAO Technical Instructions ICAO Technical Instructions for the Safe
Transport of Dangerous Goods
IIAR International Institute of Ammonia Refrigeration
IMDG Code International Maritime Dangerous Goods Code
IME Institute of Makers of Explosives
JPG Jet Perforating Gun
MAWP Maximum Allowable Working Pressure
MTC Manual of Tests and Criteria
NPRM Notice of Proposed Rulemaking
OMB Office of Management and Budget
PHMSA Pipeline and Hazardous Materials Safety Administration
PIH Poison Inhalation Hazard
PRD Pressure Relief Device
PRIA Preliminary Regulatory Impact Analysis
PSI Pounds per Square Inch
PSIG Pounds per Square Inch Gauge
RCRA Resource Conservation and Recovery Act
RID European Agreement Concerning the International Carriage of
Dangerous Goods by Rail
RIPA Reusable Industrial Packaging Association
RSI Railway Supply Institute
TDG Transport of Dangerous Goods
TPED Transportable Pressure Equipment Directive
TTMA Truck Trailer Manufacturers Association
UN Model Regulations United Nations Recommendations on the Transport
of Dangerous Goods: Model Regulations
Unified Agenda Unified Agenda of Federal Regulatory and Deregulatory
Actions
UNSCOE TDG United Nations Sub-Committee of Experts on the Transport
of Dangerous Goods
Table of Contents
I. Background
II. Review of Proposed Amendments
III. Section-by-Section
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
B. Executive Order 12866 and DOT Regulatory Policies and
Procedures
C. Executive Order 13771
D. Executive Order 13132
E. Executive Order 13175
F. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
G. Paperwork Reduction Act
H. Regulatory Identifier Number (RIN)
I. Unfunded Mandates Reform Act
J. Environmental Assessment
K. Privacy Act
L. Executive Order 13609 and International Trade Analysis
M. Executive Order 13211
N. National Technology Transfer and Advancement Act
List of Subjects
I. Background
The Administrative Procedure Act 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 (See
[[Page 41557]]
49 Code of Federal Regulations (CFR) 106.95) allows persons to ask
PHMSA to add, revise, or delete a regulation by filing a petition for
rulemaking containing adequate support for the requested action. In
this NPRM, PHMSA (also ``we'' or ``us'') proposes to amend the HMR in
response to petitions for rulemaking submitted by shippers, carriers,
manufacturers, and industry representatives. These proposed revisions
are intended to reduce regulatory burdens while maintaining, or
enhancing, the existing level of safety. We discuss the petitions and
proposals in detail in Section II of this NPRM. In this NPRM, PHMSA
proposes to:
Prohibit after December 31, 2020, the use of rail tank
cars with shells or heads constructed of non-normalized steel used for
transportation of poison-by-inhalation (PIH) materials.
Harmonize the limited quantity exceptions for more than
100 entries for corrosive materials in the HMT.
Revise Sec. 173.302(b)(2) to allow a minimum height of 12
mm (0.47 inches) for a proper shipping name marked on a portable tank
with a capacity of less than 3,785 L (1,000 gallons).
Revise Sec. 173.28(c)(1)(i) to add the words
``substantially removed'' in the context of cleaning metal drums for
reuse and clarifying the requisite cleaning standard.
Revise Sec. 173.5b to allow for the continued use of
Portable and Mobile Refrigerator Systems placed into service prior to
1991 that are rated to a minimum service pressure of 250 pounds per
square inch (psig).
Incorporate by reference updated versions of multiple CGA
publications.
Remove the reference to Special Provision 103 in Sec.
172.101 from Column (7) for four HMT entries to allow them to be
shipped as safety devices.
Revise the HMT entry for ``UN0503, Safety Devices,
pyrotechnic'' to allow the shipper to use the exceptions provided in
Sec. 173.166(d).
Remove the words ``manufactured before September 1, 1995''
from Sec. 180.417(a)(3) to allow for an alternative report for cargo
tanks manufactured after September 1, 1985.
Revise the basis weight tolerance provided in Sec.
178.521 from 5 percent to 10 percent from the
nominal basis weight reported in the initial design qualification test
report for paper shipping sacks.
Revise Sec. 173.308(d)(3) to harmonize with the IMDG Code
by removing the requirement for a closed transport container to have
the warning mark ``WARNING--MAY CONTAIN EXPLOSIVE MIXTURES WITH AIR--
KEEP IGNITION SOURCES AWAY WHEN OPENING'' when transporting lighters.
Make the ``interim'' rail tank car specifications the
``final'' specifications for the transportation of PIH materials.
Prohibit after December 31, 2027, the use of certain rail
tank cars for the transportation of PIH materials.
Allow for all waste materials to be managed in accordance
with the lab pack exception and associated paragraphs in Sec. 173.12
irrespective of whether they meet the definition of a hazardous waste
per the EPA or the RCRA.
Incorporate by reference the 2017 version of the ASME BPVC
Sections II (Parts A and B, C and D), VIII (Division 1), and IX into
the HMR.
Revise Sec. Sec. 171.23, 173.302, and 173.304 to permit
the import of filled pi-marked foreign pressure receptacles for
intermediate storage, transport to point of use, discharge, and export
as well as the import of certain pi-marked foreign pressure receptacles
filling, intermediate storage, and export.
Revise the language in Sec. 173.166 to clarify the term
``recycle'' by adding the word ``metal'' in front of ``recycling.''
Correct Sec. 171.7(r) to include the address of the IME
and to incorporate the IME/Association of Energy Service Companies
(AESC) JPG Standard, also known as the ``Guide to Obtaining DOT
Approval of Jet Perforating Guns using AESC/IME Perforating Gun
Specifications,'' Ver. 02, dated September 1, 2017 as material
incorporated by reference.
Update to the January 1, 2018 version of the APA Standard
87-1, ``Standard for Construction and Approval for Transportation of
Fireworks, Novelties, and Theatrical Pyrotechnics'', which is currently
incorporated by reference in Sec. 171.7(f) of the HMR.
II. Review of Proposed Amendments
1. Phase-Out of Non-Normalized Tank Cars Used To Transport PIH
Materials
In its petition (P-1646), AAR requested that PHMSA consider an
amendment to prohibit the use of rail tank cars with shells or heads
constructed of non-normalized steel for transportation of PIH
materials. In its petition, AAR states that the use of pressurized tank
cars constructed from non-normalized steel for rail transportation of
PIH materials poses an unnecessary risk to the public. AAR adds that
non-normalized steel is susceptible to brittle fractures at lower
temperatures, and brittle fractures are far more likely to result in a
catastrophic failure and instantaneous release of a car's entire
contents than ductile fractures. While a slow release of contents
generally has time to dissipate in the atmosphere, AAR notes that an
instantaneous release creates a concentrated toxic cloud with potential
catastrophic consequences for the nearby population. AAR has required
that tank cars built since 1989 and used in PIH service must be
constructed of normalized steel.
PHMSA believes the phase-out of these legacy rail tank cars would
have a positive impact on safety due to their replacement with more
robust tanks cars used for the transportation of PIH materials. On
April 7, 2017, AAR adopted CPC-1325, which implemented a phase-out of
these non-normalized (legacy) steel tank cars in PIH service by July 1,
2019. On July 27, 2018, AAR revised CPC-1325 and re-issued it as CPC-
1336, but kept the July 1, 2019 phase-out deadline for the non-
normalized steel tank cars. CPC-1336 is incorporated into the AAR
members' railroad interchange rules that railroads require compliance
with as a condition of shipping hazardous materials by rail. PHMSA
proposes to respond to P-1646 by codifying a phase-out of these non-
normalized steel tank cars in the HMR that would take effect as of
December 31, 2020. PHMSA proposes this date as a general approximation
of when this rulemaking is expected to be finalized. However, the AAR
phase-out is expected to go into effect regardless of whether PHMSA
adopts July 1, 2019, December 31, 2020, or another date into
regulation. As a result, there is no cost associated with PHMSA
aligning this date as a regulatory deadline. A more detailed discussion
of this economic analysis can be found in the accompanying PRIA.
Therefore, PHMSA believes there is merit in phasing-out these non-
normalized rail tank cars used for the transportation of PIH materials.
In this NPRM, PHMSA is proposing to revise Sec. 173.31 to phase-out
non-normalized steel rail tank cars for the transportation of PIH
materials by December 31, 2020.
2. Limited Quantity Shipments of Hydrogen Peroxide
In its petition (P-1658), Steris requested a revision to the HMT
for limited quantities of hydrogen peroxide. Specifically, this
petition requests that PHMSA harmonize Column (8A) packaging exceptions
for limited quantities of ``UN2014, Hydrogen peroxide aqueous
solution,'' with the UN Model Regulations. Currently, the HMT does not
allow the limited quantity exception for UN2014, while
[[Page 41558]]
various other international standards and regulations such as the UN
Model Regulations provide for transport of UN2014 in limited
quantities, up to 60 percent concentration. Steris argues that
harmonizing with the UN Model Regulations would provide economic and
logistics consistency in global transport of this material in limited
quantities and would facilitate commerce for domestic companies.
The shipment of limited quantities of materials similar to those
proposed in this petition is already permitted under the HMR.
Therefore, PHMSA believes that expanding the exceptions to these
additional materials would not cause a reduction in safety. In
addition, because these are exceptions to the HMR, PHMSA would expect
cost savings to be achieved if the proposal is finalized. However, due
to a lack of national data on these types of shipments, PHMSA was
unable to quantify the specific cost savings that would result from
this change. A more detailed discussion of this economic analysis of
this proposal can be found in the accompanying PRIA.
Therefore, PHMSA believes there is merit in proposing this revision
to the HMT. In this NPRM, PHMSA is proposing to revise Column (8A) of
the HMT for ``UN2014, Hydrogen peroxide aqueous solution'' to allow
limited quantities packaging exceptions for this material by
referencing Sec. 173.152 for exceptions for Division 5.1 oxidizers.
3. Markings on Portable Tanks
In his petition (P-1666), William J. Briner suggested that the HMR
be revised, consistent with Sec. 172.302(b)(2) and Section 5.3.2.0.2
of the IMDG Code, to allow a minimum height of 12 mm (0.47 inches) for
proper shipping name markings on portable tanks with a capacity of less
than 3,000 L (792.52 gallons). The revision would also eliminate
confusion about the size of markings on portable tanks, as there is no
requirement that they be marked with the proper shipping name under the
HMR when they are placarded.
A technical review of this petition found that harmonizing the size
of this marking with the IMDG Code would not have a negative effect on
safety. While this proposal would allow for smaller markings on
portable tanks with a capacity of less than 3,000 L (792.52 gallons),
PHMSA is unable to quantify these cost savings as it does not have cost
data on the savings gained from using smaller markings and to how many
stakeholders they might apply. A more detailed discussion of this
economic analysis can be found in the accompanying PRIA.
Therefore, PHMSA believes there is merit in proposing this
revision. However, PHMSA believes the size limit of the container
should be consistent with the 3,785 L (1,000 gallon) limit currently in
this section. In this NPRM, PHSMA is proposing to revise Sec.
172.302(b)(2) to allow that proper shipping name markings on portable
tanks with a capacity of less than 3,785 L (1,000 gallons) to be a
minimum of 12 mm (0.47 inches).
4. Reconditioning of Metal Drums
In its petition (P-1670), RIPA requested a revision to Sec.
173.28(c)(1)(i) to require that labels be substantially removed, rather
than simply removed. RIPA believes that a strict reading of the current
regulation asks for an impossible standard, as the full removal of
coatings and labels (including their adhesive residues) is practically
impossible. RIPA justifies this request by noting that current cleaning
and surface preparation processes have been generally accepted for the
last 60 years and have never been considered a safety issue.
A technical review of the petition found there is no evidence that
allowing for minimal amounts of residual glue to remain on a drum after
cleaning would have any effect on safety. However, PHMSA asserts that
there must be a standard to which the drums are cleaned for the
coatings and labels to be considered substantially removed. While this
proposal is a relaxation of the requirements in the HMR, PHMSA is
unable to quantify these cost savings because it does not have data on
the cost differences between ``removed'' and ``substantially removed,''
or to how many firms they might apply. A more detailed discussion of
this economic analysis can be found in the accompanying PRIA.
Therefore, PHMSA found that there is merit to proposing this
revision to the HMR. In this NPRM, PHMSA is also proposing to revise
Sec. 173.28(c)(1)(i) to allow tightly adhering paint, mill scale, and
rust to remain on no more than 10 percent of each unit's surface area.
5. Limited Quantity Harmonization
In its petition (P-1676), URS Corporation requests revisions to
Column (8A) of the HMT to allow for the shipment of several hazardous
materials to be shipped as limited quantities. Specifically, this
petition requests that PHMSA harmonize Column (8A) of the HMT for
limited quantities for 45 proper shipping names. Currently, the HMT
does not allow the limited quantity exception for the materials listed
by the petitioner. URS Corporation indicates that if the limited
quantity exception is not added to the HMT as proposed, then there
would continue to be confusion about hazardous materials shipments
imported into the United States that are prepared as limited quantity
shipments under international regulations.
A technical review of the petition identified a total of 114
entries in HMT that are not in alignment with the UN Model Regulations,
including all of those listed in the petition. The review found that 64
of the 114 entries diverge from the International Civil Aviation
Organization (ICAO) Technical Instructions for the Safe Transport of
Dangerous Goods (ICAO Technical Instructions). The ICAO Technical
Instructions permit all 64 entries to be shipped as a limited quantity.
The shipment of limited quantities of similar materials is already
permitted under the HMR, and expanding the exceptions to these
additional materials would not cause a reduction in safety. Because
these are exceptions to the HMR, PHMSA would expect cost savings to be
achieved if the proposal is finalized. However, due to a lack of
national data on these types of shipments, PHMSA was unable to quantify
the specific cost savings that would result from this change. A more
detailed discussion of this economic analysis can be found in the
accompanying PRIA.
Therefore, PHMSA found there is merit to proposing this revision to
the HMR. In this NPRM, PHMSA is proposing to revise Column (8A)
(exceptions) of the HMT consistent with the UN Model Regulations for
114 identified entries.
6. Mobile Refrigeration Units
In its petition (P-1677), the IIAR requests that PHMSA consider
changes to Sec. 173.5b for portable and mobile refrigerator systems
commonly used in the produce industry. Specifically, this petition
proposes to allow the continued use of mobile refrigeration units
placed into service prior to 1991 that meet the 250 pounds per square
inch (psig) service pressure specification. PHMSA also issued an
enforcement discretion memo on September 28, 2017 allowing the
continued use of mobile refrigeration units that are tested to a
service pressure of 250 psig.
A technical review of this petition found there should be no
reduction in safety by allowing the continued use of mobile
refrigeration units that are tested to a service pressure of 250 psig.
PHMSA believes allowing the continued use of these mobile refrigeration
units would allow the agricultural industry to accrue substantial cost
savings. In the
[[Page 41559]]
PRIA, PHMSA estimates there would be approximately $1,000,000 in
annualized costs savings to the agricultural industry resulting from
the continued use of mobile refrigeration units currently in service. A
more detailed accounting of this economic analysis can be found in the
accompanying PRIA.
Therefore, PHMSA believes there is merit to allowing the continued
use of these mobile refrigeration units, under certain conditions. In
this NPRM, PHMSA is proposing to revise Sec. 173.5b to allow the
continued used of certain portable and mobile refrigerator systems that
meet the 250 psig service pressure specification by removing the
prohibition of use of refrigeration systems placed into service before
June 1, 1991, specified in paragraph (b)(6).
7. Incorporation by Reference of CGA Standards
Certain CGA standards are incorporated by reference in Sec. 171.7
of the HMR. Multiple petitions to update CGA standards were submitted
to PHMSA for review. These petitions include:
Petition (P-1679)--CGA proposed that PHMSA IBR CGA C-6.3,
``Standard for Visual Inspection of Low Pressure Aluminum Alloy
Cylinders, 2013, Third Edition'' \1\ into Sec. 171.7 to replace the
outdated reference to the First Edition of this standard published in
1991.
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\1\ Previous edition of this document was titled ``Guidelines
for Visual Inspection and Requalification of Low Pressure Aluminum
Compressed Gas Cylinders, 1991, First Edition.''
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Petition (P-1680)--CGA proposed that PHMSA IBR CGA S-7,
``Method for Selecting Pressure Relief Devices for Compressed Gas
Mixtures in Cylinders, 2013, Fifth Edition'' into Sec. 171.7 to
replace the outdated reference to the 2005 Fourth Edition of this
standard.
Petitions (P-1684) and (P-1693)--In two separate
petitions, Worthington Cylinders and CGA requested that Sec. 171.7 be
updated to include the most recent version of the CGA C-11, ``Practices
for Inspection of Compressed Gas Cylinders at Time of Manufacture,
2013, Fifth Edition'' and that references to the outdated Third Edition
of this standard published in 2001 be removed. These petitions also
request modifications to Sec. 178.35(b) and (c) to refer to CGA C-11.
In petition (P-1694)--CGA proposes that PHMSA IBR C-6.1-
2013, ``Standards for Visual Inspection of High Pressure Aluminum
Compressed Gas Cylinders'' into Sec. 171.7 of the HMR. This sixth
edition of CGA C-6.1-2013 would update and replace current references
to the 2002 Fourth Edition.
A technical review of these petitions found that the IBR of revised
standards would not result in a reduction in safety and would likely
enhance safety. It is important for the HMR to reflect the most recent
version of these cylinder IBR documents to ensure the safe
transportation of compressed gases. There were no quantifiable cost
savings identified with these IBR documents. These IBR revisions are
primarily technical in nature and do not have a material effect on the
cost of business. A more detailed discussion of this economic analysis
can be found in the accompanying PRIA.
Therefore, PHMSA believes there is merit in proposing updates to
these IBRs in Sec. 171.7 of the HMR. In this NPRM, PHMSA is proposing
to IBR the updated CGA publications in Sec. 171.7 of the HMR.
8. Special Provision for Explosives
In its petition (P-1681), the IME proposed that PHMSA remove
Special Provision (SP) 103 from Sec. 172.102, as well as remove
references to SP 103 from Column (7) of the HMT for the following
entries: ``UN 0361, Detonator assemblies, non-electric, for blasting'';
``UN 0365, Detonators for ammunition''; ``UN 0255, Detonators,
electric, for blasting''; and ``UN 0267, Detonators, non-electric, for
blasting.''
IME requests this change to harmonize the HMR with the UN Model
Regulations, which has no provision capping the net explosive mass that
may be involved in a limited propagation of detonators within a package
classed as Division 1.4B at 25 grams as described in SP 103. Detonators
must only pass the tests prescribed by the UN MTC to be transported (in
this case pass the UN Test Series 6 requirements). The manual contains
the criteria, test methods, and procedures used for the classification
of dangerous goods (i.e., hazardous materials) per the provisions of UN
Model Regulations to ensure an appropriate level of safety. Only those
detonators that successfully pass tests prescribed for Division 1.4B
may be classed in this hazardous materials category. The changes IME
requests would align the HMR with the UN Model Regulations.
A technical review of this petition found that the removal of this
special provision is necessary to harmonize with the international
regulations and would have no effect on safety. Since these special
provisions are no longer in wide use, PHMSA does not believe there
would be any quantifiable cost savings. A more detailed discussion of
this economic analysis can be found in the accompanying PRIA.
Therefore, PHMSA believes there is merit in removing this special
provision from the four entries in the HMT. In this NPRM, PHMSA is
proposing to remove the references to SP 103 for these four entries in
Column (7) of the HMT. Also, because SP 103 is only assigned to these
four entries, PHMSA is proposing to delete SP 103 from Sec. 172.102.
9. EX Numbers and Safety Devices
In its petition (P-1683), the Ford Motor Company requested a change
to the HMT to remove the word ``None'' and replace with ``166'' in
Column (8A) for the proper shipping name ``UN 0503, Safety Devices,
pyrotechnic.'' This is a reference to authorized packaging for safety
devices found in Sec. 173.166. Ford Motor Company believes this
omission prevents the shipper of these devices from applying the
requirement to include the EX number on the shipping document as found
in Sec. 173.166(c), and does not allow the shipper to use the
exceptions provided in Sec. 173.166(d). Ford believes the omission is
a typo in the HMT and should be corrected.
PHMSA's technical review of this petition determined, consistent
with the Ford Motor Company petition, that the exclusion of ``166'' in
Column 8A of HMT for ``UN 0503, Safety Devices, pyrotechnic'' was an
oversight from a previous rulemaking. There is no reason from a safety
perspective why ``UN 0503, Safety Devices, pyrotechnic'' would not be
eligible for shipment as a safety device in accordance with Sec.
173.166. Insufficient data on the number of shipments effected limits
PHMSA's ability to quantify potential cost savings. In addition, it is
perhaps likely that industry is already taking advantage of the
exceptions in paragraph (d)(1) whenever the situation allows, and
existing requirements in Sec. 172.320(b) already require the EX
number. A more detailed discussion of this economic analysis can be
found in the accompanying PRIA.
Therefore, PHMSA found there is merit to proposing this revision to
the HMT. In this NPRM, PHMSA is proposing to remove the word ``None''
from Column (8A) for the proper shipping name ``UN 0503, Safety
Devices, pyrotechnic'' in the HMT and replace it with ``166'' to
authorize use of packaging requirements for safety devices.
10. Alternative Reports for Cargo Tanks
In its petition (P-1685), Polar Service Systems proposes revising
the HMR to allow an alternative report for cargo tanks to replace a
missing certificate of compliance for cargo tanks manufactured before
September 1, 1995.
[[Page 41560]]
The petition recommends accomplishing this by removing the words
``manufactured before September 1, 1995'' from Sec. 180.417(a)(3). The
petitioner indicates that there is currently no provision to allow the
use of alternative reports when a certificate of compliance is
unavailable for cargo tanks manufactured after September 1, 1995. Some
cargo tank manufacturers have gone out of business in the past 20
years, making it impossible for a tank owner to obtain a missing
certificate of compliance from the manufacturer.
PHMSA's technical review of the petition found there are existing
problems with maintaining the required documentation of Cargo Tanks and
Cargo Tank Motor Vehicles (CTMVs) when manufacturers are no longer in
business. This is true irrespective of the date to which alternative
documentation is allowed in Sec. 180.417. PHMSA does not believe there
would be an effect on safety because the same testing and recordkeeping
requirements would apply to manufacturers that could take advantage of
this proposed revision. Alternatively, in the absence of this proposed
change, packages with useful life remaining could be forced out of
service. This petition is not expected to result in any material cost
to industry. A more detailed discussion of this economic analysis can
be found in the accompanying PRIA.
Therefore, PHMSA believes there is merit to proposing this revision
to the HMR. In this NPRM, PHMSA is proposing to revise the language in
Sec. 180.417(a)(3) to allow for alternative reports when a
manufacturer's certificate is not available regardless of date of
manufacture.
11. Weight Tolerances for Paper Shipping Sacks
In its petition (P-1688), the Paper Shipping Sack Manufacturers
Association proposes that PHMSA revise the basis weight tolerances for
liners and mediums used in the manufacture of multiwall shipping sacks.
Specifically, this petition requests that PHMSA revise the basis weight
tolerance provided in Sec. 178.521 from 5 percent to
10 percent from the nominal basis weight reported in the
initial design qualification test report. The petitioner notes that
multiwall sacks are manufactured on the same or technically equivalent
machines that manufacture the liners for fiberboard boxes. PHMSA
revised the basis weight tolerances from 5 percent to
10 percent for fiberboard boxes in the HM-219A final rule,
published on November 7, 2018 [83 FR 55792].
PHMSA's technical review of this petition found that the paper used
to manufacture paper bags is made on the same machines or similar
machines as that used to make fiberboard boxes. Given the technical
data presented in the petition, which included linerboard drop and
dynamic compression tests, PHMSA concluded that a small reduction (or a
nearly infinite increase) in basis weight of the paper used in
manufacturing fiberboard boxes does not affect performance, it is
expected that paper bags will behave similarly. PHMSA estimates the
total potential annualized cost savings to the industry of $20,000 to
$200,000. A more detailed discussion of this economic analysis can be
found in the accompanying PRIA.
Therefore, PHMSA found there is merit to proposing this revision to
the HMR. In this NPRM, PHMSA is proposing to revise Sec. 178.521 to
revise the nominal basis weight reported in the initial design
qualification test report from 5 percent to 10
percent.
12. Markings on Closed Transport Containers
In its petition (P-1690), Matson proposes that PHMSA amend Sec.
173.308(d)(3) to remove the requirement for a warning to be placed on
the access door of a closed transport vehicle or a closed freight
container when lighters are transported by vessel. Matson notes that a
similar warning is not required by the IMDG Code, meaning that the HMR
is not harmonized in this respect.
As noted above, this requirement is only in the HMR and is not
required in the IMDG Code. PHMSA's technical review of this petition
found that harmonizing this section with the IMDG Code would not result
in a reduction in safety. PHMSA believes the existing hazard
communication requirements (transport documents, container placard,
etc.) provide a sufficient level of safety that is consistent with
requirements for other Division 2.1 materials. As the petition
eliminates a warning marking requirement and provides regulatory
clarity through harmonization, we anticipate no associated costs from
this proposal. However, PHMSA was unable to quantify any cost savings
associated with this petition. A more detailed discussion of this
economic analysis can be found in the accompanying PRIA.
Therefore, PHMSA found there is merit to proposing this revision to
the HMR. In this NPRM, PHMSA is proposing to amend the lighter
transportation requirement in Sec. 173.308(d)(3) to remove the
requirement for vessel transport of a closed transport vehicle or
freight container to display the warning mark ``WARNING--MAY CONTAIN
EXPLOSIVE MIXTURES WITH AIR--KEEP IGNITION SOURCES AWAY WHEN OPENING''
on the access door.
13. Finalization of the HM-246 Tank Car Standard
In a joint petition (P-1691), AAR, the Chlorine Institute, ACC, the
Fertilizer Institute, and RSI request that PHMSA convert certain
``interim'' rail tank car specifications to ``final'' tank car
specifications. The subject tank car specifications were issued as part
of the January 13, 2009, final rule entitled ``Improving the Safety of
Railroad Tank Car Transportation of Hazardous Materials (HM-246),'' (74
FR 1769), which was targeted at improving the safe transportation of
PIH materials by rail.
The HM-246 final rule contained interim design standards for rail
tank cars transporting PIH materials to be used until a permanent
standard could be issued by PHMSA. The final rule prescribed enhanced
safety measures for PIH materials transported in rail tank cars,
primarily stronger tanks with higher tank test pressures, fittings,
tank head-puncture resistance protection and, for some commodities,
thermal protection. The HM-246 final rule was the result of industry
consensus that an updated standard was necessary to improve accident
survivability, even as research continued to develop a long-term PIH
tank car specification.
The ATCCRP \2\ suggests the HM-246 interim specification provides a
significant level of improvement over the legacy designs and there are
few additional economical options to improve standards beyond the
interim standard. According to the petitioner, PIH tank cars built in
compliance with the HM-246 interim standards have performed well in
service. In addition, conclusions from the various ATCCRP projects
provide scientific support to make the interim specifications
permanent. Conclusions resulting from these safety research efforts, as
reported by ATCCRP, include:
---------------------------------------------------------------------------
\2\ The ATCCRP coordinates research efforts to enhance the
safety and security of rail tank car shipments of toxic inhalation
hazard (TIH) materials. It is a joint effort comprised of shippers
of tank cars carrying TIH materials (represented by ACC, the
Chlorine Institute, and the Fertilizer Institute); railroads that
transport hazardous materials (represented by AAR); and rail tank
car builders and lessors (represented by RSI). For more information,
see https://tankcarresourcecenter.com/wp-content/uploads/2017/11/ATCCRP-Research-Background-2016.pdf.
---------------------------------------------------------------------------
The ``interim'' standard designs finalized in 2009 provide
significant
[[Page 41561]]
improvement in accident survivability over the legacy designs, i.e.,
former specifications; and
No design feature or material was identified that would
provide a significantly greater level of improvement, or would be a
reasonable alternative (from an economic or manufacturability
standpoint) that should be required industry-wide.
PHMSA's technical review of this petition found that the HM-246
compliant rail tank cars have an established safety record with no
major incidents attributed to the design of the tank car. The
petitioner's requested changes are not expected to result in any
material costs to industry, as the costs of this proposed amendment are
already accounted for in the analysis of HM-246 final rule, which
adopted the interim tank car standard. A more detailed discussion of
this economic analysis can be found in the accompanying PRIA.
Therefore, PHMSA found there is merit to proposing this revision to
the HMR. In this NPRM, PHMSA is proposing to revise Sec. Sec.
173.314(c) and 173.244(a)(2) of the HMR to make the HM-246 rail tank
car specification permanent for the transportation of PIH materials.
14. Phase-Out of Non-HM-246 Compliant Rail Tank Cars
In 2006, after several major PIH rail tank car accidents, AAR began
to release a series of CPCs that mandated the use of a safer design for
tank cars that transport PIH materials. On March 31, 2008, AAR
published CPC-1187 implementing design specifications for tank cars
used in PIH service. CPC-1187 also included a 10-year phase-out
schedule for tank cars that did not meet the CPC-1187 specification.
According to the new AAR standard, non-compliant tank cars would not be
accepted for interchange after December 31, 2018.
On April 1, 2008, PHMSA published an NPRM proposing revisions to
the HMR to improve the crashworthiness protection of railroad tank cars
designed to transport PIH materials. (73 FR 17817). On January 13,
2009, PHMSA issued a final rule establishing the ``Interim HM-246
Standard.'' (74 FR 1769). The Interim HM-246 Standard effectively
adopted AAR's CPC-1187 tank car specification for the transportation of
PIH materials until further research could be completed on enhanced
tank car specifications.
In the NPRM for HM-246, PHMSA considered adopting a phase-out of
tank cars that did not meet the proposed standard. However, in the HM-
246 final rule, PHMSA decided not to adopt a phase-out schedule for
legacy cars stating, ``[a]lthough we continue to believe that an
accelerated phase out of these cars is justified, we recognize the
voluntary efforts already underway by many fleet owners to phase out
these cars, in many cases on schedules more aggressive than the five-
year deadline proposed in the NPRM.'' (74 FR at 1777-1778). After PHMSA
published the HM-246 final rule adopting an interim tank car standard,
AAR suspended CPC-1187 until a new tank car standard could be finalized
and suspended the December 2018 retirement deadline for non-compliant
tank cars.
As discussed in Section II.13, ``Finalization of the HM-246 Tank
Car Standard,'' above, research conducted under the ATCCRP has since
demonstrated that the HM-246 interim tank car design provides
significant improvements in survivability and in their view, no other
design would provide significantly greater level of improvement.
However, despite initial indications in 2009 that voluntary efforts
would result in an accelerated phase-out of those tank cars in PIH
service that failed to comply with the HM-246 interim standard, the
industry had not adopted a voluntary phase-out schedule as of December
2016 that would eliminate less safe tank cars from PIH service.
On December 16, 2016, AAR submitted a petition (P-1692) requesting
that PHMSA adopt a six-year phase-out for PIH rail tank cars that do
not meet the interim HM-246 specification standard as implemented in
the HM-246 final rule published on January 13, 2009. AAR argued that
collaborative research undertaken by industry and government partners
(through ATCCRP) over the last seven years has confirmed that HM-246
specification cars have the highest accident survivability rate over
other designs and are the most feasible technology to transport PIH
materials.
On April 7, 2017, before PHMSA acted on P-1692, AAR adopted CPC-
1325, which implemented a phase-out by July 1, 2023 of any tank car in
PIH service that does not comply with the HM-246 interim standard.
Prior to AAR's adoption of CPC-1325, the Fertilizer Institute commented
to the petition for rulemaking docket (P-1692) \3\ that it opposed
AAR's implementation of the July 1, 2023, phase-out schedule arguing,
among other things, that DOT has sole authority over hazardous
materials packaging and that AAR's adoption of the phase-out schedule
was done without performing a cost-benefit analysis. As a result, the
Fertilizer Institute asserted that the phase-out was being implemented
without a full understanding of the extent of its potential costs or
benefits. Similar comments were relayed to PHMSA by a group of shipper
associations during a January 13, 2017 meeting.\4\ AAR met with PHMSA
and FRA on August 1, 2017, during which AAR suggested its phase-out
schedule did not conflict with DOT regulations and that the phase-out
schedule was intended to remove an older, less-safe car design from PIH
service.\5\ PHMSA sees no need to take a position on these specific
arguments, as they are rendered moot by subsequent actions. However, it
is with a view towards this history that PHMSA notified AAR on December
7, 2017, that it was accepting P-1692 and would conduct a ``safety and
policy review that will aid in determining whether the HMR should
mandate a phase-out period and, if so, what period would ensure safety
and protect the public interest.'' \6\
---------------------------------------------------------------------------
\3\ Docket No. PHMSA-2016-0165, at www.regulations.gov.
\4\ Attendees included representatives from the Fertilizer
Institute, American Chemistry Council, the Chlorine Institute, and
the American Petroleum Institute. https://www.regulations.gov/document?D=PHMSA-2016-0165-0007.
\5\ https://www.regulations.gov/document?D=PHMSA-2016-0165-0011.
\6\ https://www.regulations.gov/document?D=PHMSA-2016-0165-0012.
---------------------------------------------------------------------------
On July 27, 2018, AAR revised CPC-1325 and re-issued it as CPC-
1336, extending the phase-out schedule for non-HM-246 compliant tank
cars from six (July 1, 2023) to ten years (December 31, 2027). On
August 15, 2018, the railroads (represented by AAR) and a group of PIH
material shippers (represented by ACC, the Chlorine Institute, and the
Fertilizer Institute) submitted a joint comment to P-1692 proposing a
phase-out date of December 31, 2027, for all non-HM-246 specification
rail tank cars. The December 31, 2027, phase-out date would be in lieu
of the six-year timeline requested in AAR's original petition. The
joint commenters met with PHMSA on September 6, 2018, and urged PHMSA
to act quickly in completing a rulemaking that would adopt the
petition's proposed 10-year phase-out timeline.\7\ The joint commenters
contend that codifying the phase-out in the HMR would improve safety
and increase market certainty.
---------------------------------------------------------------------------
\7\ https://www.regulations.gov/document?D=PHMSA-2016-0165-0014.
---------------------------------------------------------------------------
PHMSA believes the phase-out of these legacy rail tank cars would
have
[[Page 41562]]
a positive impact on safety due to their replacement with more robust
tanks cars used for the transportation of PIH materials and that
regulatory certainty could foster market certainty. PHMSA proposes to
respond to P-1692 by codifying the 10-year phase-out schedule in the
HMR; however, the phase-out is expected to go into effect under
railroad interchange rules regardless of whether PHMSA adopts this date
into regulation. As a result, there is no cost associated with PHMSA
promulgating this date as a regulatory deadline for the phase-out.
As such, PHMSA believes there is merit in proposing the phasing-out
of all non-HM-246 rail tank cars for use in the transportation of PIH
materials. In this NPRM, PHMSA proposes to revise Sec. 173.31 to
phase-out all non-HM-246 rail tank cars for the transportation of PIH
materials by December 31, 2027. PHMSA encourages stakeholder comments
assessing the potential impacts of the proposed phase-out and whether
the proposed phase-out period in this NPRM is an appropriate timeframe.
15. Allow Non-RCRA Waste To Use Lab Pack Exception
In its petition (P-1695), Veolia requests that PHMSA amend Sec.
171.8 by adding a definition of ``waste material.'' The purpose of this
petition is to allow for all waste material, whether or not it meets
the definition of a hazardous waste according to the EPA's RCRA, to be
managed in accordance with the lab packs exception and associated
paragraphs in Sec. 173.12. Currently, lab packs in Sec. 173.12
provide relief for ``waste materials'' that are being offered for
disposal and recovery; this has been clarified by PHMSA to only apply
to ``hazardous wastes'' as defined by the EPA. Veolia believes this
does not reflect the intention of the regulation, and that adding a
definition would resolve the issue.
PHMSA's technical review of the petition supports the petitioner's
interpretation. When PHMSA codified Sec. 173.12, the intention was to
apply it to all waste materials, and was not specific to ``hazardous
wastes.'' PHMSA believes that clarifying this intention to include all
waste would not lead to a reduction in safety. There are no costs that
are expected based on the adoption of this petition. The lab pack
exception offers flexibility for transporting waste materials, but does
not require changes to business operations or changes to how the waste
material is ultimately handled. A more detailed discussion of this
economic analysis can be found in the accompanying PRIA.
Therefore, PHMSA believes there is merit in this proposal. In this
NPRM, PHMSA is proposing to allow waste materials, irrespective of
whether they meet the definition of a EPA/RCRA hazardous waste to be
shipped under Sec. 173.12 by adopting a definition of waste material.
16. Incorporation of ASME Code Sections II, VIII, and IX
In its petition (P-1700), Trinity Containers requests that PHMSA
IBR the 2017 version of the ASME BPVC, Sections II (Parts A and B, C
and D), VIII (Division 1), and IX into the HMR. The ASME BPVC is a
standard for the design and construction of boilers and pressure
vessels. The petitioner indicates that if changes are not made, ASME
Code certificate holders will be in violation of the HMR for
manufacturing cargo tanks, non-specification tanks, and implements of
husbandry to the ASME Code referenced in Sec. 171.7.
PHMSA's technical review of this petition found that for
certificate holders to remain in compliance with ASME, they must follow
this latest edition of the ASME Code. Currently, the HMR IBRs the 2015
edition which is already causing issues with compliance if
manufacturers or repair facilities choose to use the latest edition of
the ASME Code. Adopting the latest version of the ASME Code would
ensure that the HMR remains consistent with the best practices used by
the industry. A review of PHMSA's Civil Penalty Action Reports between
2015 and 2016 revealed no citations that were like the example provided
by the petitioner. This suggests that these types of citations are
infrequent, and that the cost-savings associated with this petition
would be modest. A more detailed discussion of this economic analysis
can be found in the accompanying PRIA.
Therefore, PHMSA believes there is merit in this proposal. Note
that ASME Code Section V (nondestructive examination) is incorporated
by reference in the HMR but that ASME Code Section II, Parts C and D
are not. In this NPRM, PHMSA is proposing to IBR the latest version of
the ASME BPVC Sections II (Parts A and B), V, VIII (Division 1), and
IX.
17. Import of Foreign Pi-Marked Cylinders
In its petition (P-1701), CGA requests that PHMSA modify Sec. Sec.
171.23, 173.302, and 173.304 to permit the transportation of filled pi-
marked foreign pressure receptacles that comply with applicable ADR
requirements. Pi-marked pressure receptacles are currently allowed to
be imported through special permits and approvals. P-1701 requests
authorization for import, immediate storage, transport to point of use,
discharge, and export, as well as the import of empty pi-marked foreign
pressure receptacles for filling, immediate storage, and export. In an
addendum to the P-1701 petition, Entegris requests additional revisions
to Sec. Sec. 171.23(a) and 173.302(a)(2) to explicitly ensure that the
proposed rulemaking is applicable to adsorbed gas packages. The changes
to Sec. 171.23(a)(3) requested by Entegris are intended to allow for
domestic sourcing as well as import of empty pi-marked pressure
receptacles for filling and export.
PHMSA's technical review did not find any evidence to suggest that
there would be any changes with respect to risk and safety resulting
from this proposed regulatory change. The shipping of pi-marked
cylinders has been allowed for many years through special permits.
There is limited available market data on the current export of pi-
marked cylinders. The information provided by the petitioner suggests
that adopting the proposed amendment would not result in a change to
the number of pi-marked cylinders that are transported or the risk
profile of the cylinder transportation. Cost savings are expected to be
minimal, resulting primarily from the potential time savings for
industry and governments due to the elimination of the need for a
special permit or approval. A more detailed discussion of this economic
analysis can be found in the accompanying PRIA.
Therefore, PHMSA believes there is merit in this proposal. In this
NPRM, PHMSA is proposing to modify Sec. Sec. 171.23, 173.302, and
173.304 to permit the import of filled pi-marked foreign pressure
receptacles for storage incidental to movement, transport to point of
use, discharge, and export. PHMSA is also proposing to permit the
transportation of pi-marked foreign pressure receptacles for export,
including filling and storage incident to movement. In addition, PHMSA
is proposing to revise Sec. Sec. 171.23(a) and 173.302(a)(2) to
explicitly ensure that the proposed authorization for pi-marked
cylinders is applicable to adsorbed gas packages. Finally, to align
with similar ADR provisions, and increase shipper and carrier awareness
of the requirements for pi-marked cylinders, we are proposing to
require a notation on the shipping paper following the basic
description of the hazardous material certifying compliance with the
pi-marked cylinder requirements. PHMSA is also proposing
[[Page 41563]]
to IBR the ADR and European Union (EU) ``Directive 2010/35/EU of the
European Parliament and of the Council'' into Sec. 171.7 of the HMR.
18. Placement of the Word ``Stabilized'' in Shipping Description
In its petition (P-1706), Evonik requested that PHMSA clarify how
the word ``stabilized'' should appear when providing the shipping
description for a hazardous material. There is currently disharmony
between the IMDG Code and the HMR that causes confusion with respect to
materials that required the word ``stabilized'' to appear in the proper
shipping name. The HMR does not allow the word ``stabilized'' to appear
as part of the proper shipping name. The IMDG Code requires it in
certain instances. The petitioner claims that this causes needless
discrepancies for international shipments under the IMDG Code.
PHMSA's technical review found that hazardous materials that have
some instability but are not specifically identified or classified as
self-reactive substances or organic peroxides currently cannot be
shipped in compliance with both the HMR and the IMDG Code. This
disharmony causes problems with transportation documents.
Amending the HMR to allow the use of the word ``stabilized'' in the
proper shipping name may require manufacturers and shippers to cover
labor costs related to training and ensuring compliance with this new
requirement. To the extent that these costs exist, they are expected to
be negligible. This is because affected entities that engage in
international commerce are expected to already be aware of the
requirement, and would simply need to know that international and
domestic shipments of stabilized materials can be treated the same on
the shipping paper. A more detailed discussion of this economic
analysis can be found in the accompanying PRIA.
Therefore, PHMSA believes there is merit in this proposal. In this
NPRM, PHMSA is proposing to revise Sec. 172.101(c) to clarify that the
word ``stabilized'' can be added as part of the proper shipping name.
19. Incorporation by Reference of an IME Standard
In its petition (P-1710), IME requested that PHMSA incorporate by
reference the IME/AESC JPG Standard, also called the ``Guide to
Obtaining DOT Approval of Jet Perforating Guns using AESC/IME
Perforating Gun Specifications,'' Version 02, dated September 1, 2017.
IME notes that JPGs use shaped explosive charges to produce a high-
pressure jet that penetrates the liner or casing of a wellbore in order
to enhance production of oil and gas wells. Testing of early JPG
systems in 2007 suggested the potential for JPGs to improve flow
performance by 35 percent. In addition to the IBR, IME proposes that
PHMSA include a new Sec. 173.67 to outline exceptions for Division 1.1
JPGs subject to this new IBR material.
The IME JPG Standard has been used since 2008 by PHMSA to aid in
the review of EX approval applications for articles meeting the JPG
Standard templates as either 1.1D or 1.4D. The standard includes
parameters for 13 JPG designs and requires that the individual
energetic components (e.g., detonation cord, shaped charges, explosive
transfer device, etc.) be individually approved. IBR of this standard
into the HMR would help to ensure the safe and efficient transportation
of JPGs, and provides adequate safety protocols for the transportation
of JPGs.
The economic analysis suggests potential annualized cost savings of
approximately $360,000 for manufacturers of JPGs compliant with the
IME/AESC Standard. Additional cost savings are expected for both
manufacturers and PHMSA due to reduced labor requirements for
processing applications for EX approvals. A more detailed discussion of
this economic analysis can be found in the accompanying PRIA.
Therefore, PHMSA believes there is merit in this proposal. In this
NPRM, PHMSA is proposing to incorporate this standard into Sec. 171.7
of the HMR and include a new Sec. 173.67 to outline exceptions for
Division 1.1 JPGs subject to this new IBR material.
20. Incorporation by Reference of an APA Standard
In its petition (P-1711), the APA requested PHMSA update references
in the HMR to incorporate the new version of APA Standard 87-1,
``Standard for Construction and Approval for Transportation of
Fireworks, Novelties, and Theatrical Pyrotechnics,'' which is currently
incorporated by reference in Sec. 171.7(f)(1) of the HMR. The APA
states that this 2001 edition of the standard needs to be updated,
because of advances in the fireworks industry over the last 15 years.
For consumer fireworks, new devices have been developed including
combination devices, and more devices now contain multiple tubes and
combinations of effects that were previously limited to single tubes.
The petitioner elaborates that these new products do not fit into the
existing classification system under the current standard.
The National Fireworks Association (NFA) submitted a letter in
opposition to this petition. The NFA is a domestic fireworks trade
organization with 1,200 members. In the letter, NFA states that
proposed changes have a substantial impact on the fireworks industry
and, in particular, small businesses. In the letter of opposition, NFA
states that the proposed action ``imposes new restrictions,
prohibitions, and specifications that do not exist under the current
standard.'' In a letter to its members, NFA provides an explanation of
its opposition letter. NFA states that although the revised 87-1A
standard has ``many good updates, including new design categories that
would make EX approvals easier for some items,'' the updated standard
also includes restrictions that are inconsistent with industry
practices.
PHMSA is choosing to propose to IBR the new APA standard despite
NFA's opposition to the petition. NFA objected to PHMSA accepting the
APA petition on the assertion that the APA petition lacked the
information described in Sec. 106.100(b) of the HMR. This section only
states that PHMSA may require more information to evaluate a petition
for rulemaking; it is not required. In the case of P-1711, PHMSA
determined that additional information was not necessary to accept the
petition for rulemaking. The revised APA 87-1 is expected to provide
clarity to the fireworks industry, while maintaining the composition
limits developed by PHMSA for classification that are needed to ensure
the safe transportation of fireworks. Furthermore, PHMSA's decision to
propose IBR the revised APA standards was informed by its review of the
explicit requirements for consumer fireworks in APA 87-1A, display
fireworks in APA 87-1B, and professional fireworks (classed as articles
pyrotechnics) in APA 87-1C. These standards add numerous new devices,
expand the permitted chemical list, and focus solely on hazard
classification for transportation. However, PHMSA will consider
comments on whether we should move forward with incorporating this
standard in a final rule. PHMSA estimates that adoption of this
petition would provide an annualized cost savings of approximately
$270,000 to industry, through expanding the approval process to reduce
testing requirements for theatrical pyrotechnics. A more detailed
discussion of this economic analysis can be found in the accompanying
PRIA.
[[Page 41564]]
PHMSA believes there is merit in this proposal. Therefore, PHMSA is
proposing to incorporate this updated standard into Sec. 171.7 of the
HMR. However, PHMSA is seeking comments on both what is proposed in the
APA petition and comments submitted by the NFA on the merits of this
proposal. All documents related to this petition can be found in the
petition docket at https://www.regulations.gov/docket?D=PHMSA-2018-0019.
III. Section-by-Section
Below is a section-by-section description of the changes being
proposed in this NPRM.
A. Appendix A to Subpart D, Part 107
Appendix A to Subpart D, of Part 107 sets forth the guidelines
PHMSA uses (as of October 2, 2013) in making initial baseline
determinations for civil penalties. In this NPRM, PHMSA is proposing to
update the references to the APA documents to reflect the proposed new
versions of the 87-1 Standard.
B. Section 107.402
Section 107.402 outlines how to submit an application for
designation as a certification agency. PHMSA is proposing to update a
reference to the APA documents to reflect the proposed new version of
the 87-1 Standard in Sec. 107.402(d).
C. Section 171.7
Section 171.7 lists all standards incorporated by reference into
the HMR that are not specifically set forth in the regulations. In this
NPRM, PHMSA is proposing to IBR the following publications by APA,
ASME, CGA, and IME:
1. European Agreement concerning the International Carriage of
Dangerous Goods by Road, 2017, into Sec. 171.23. The ADR outlines the
European regulations concerning the international carriage of dangerous
goods by road within the EU, and this publication presents the European
Agreement, the Protocol Signatures, the annexes, and the amendments.
The ADR can be found at https://www.unece.org/trans/danger/publi/adr/adr_e.html.
2. Directive 2010/35/EU of the European Parliament and of the
council, June 16, 2010, into Sec. 171.23. The aim of Directive 2010/
35/EU of the European Parliament and of the Council on Transportable
Pressure Equipment (2010 TPED) is to promote the free movement of
transportable pressure equipment (TPE) within the European Community
(EC). This directive provides for a legal structure whereby TPE can be
manufactured, sold, and used throughout the EU. A copy of this
directive can be found at https://eur-lex.europa.eu/eli/dir/2010/35/oj.
3. CGA C-11, Recommended Practices for Inspection of Compressed Gas
Cylinders at Time of Manufacture, 2013, Fifth Edition, into Sec.
178.35. The purpose of this publication is to promote safety by
outlining inspection requirements of DOT and UN pressure vessels as
interpreted and practiced by manufacturers and inspectors. A read-only
version of this publication is available for review at https://portal.cganet.com/IBR_Review.aspx.
4. CGA C-6.1, Standards for Visual Inspection of High Pressure
Aluminum Compressed Gas Cylinders, 2002, Fourth Edition, into
Sec. Sec. 180.205 and 180.209. This publication has been prepared as a
guide for the visual inspection of aluminum compressed gas cylinders
with service pressures of 1800 psig or greater. The publication is
general in nature and does not cover all circumstances for each
individual cylinder type or lading. A read-only version of this
publication is available for review at https://portal.cganet.com/IBR_Review.aspx.
5. CGA C-6.3, Guidelines for Visual Inspection and Requalification
of Low Pressure Aluminum Compressed Gas Cylinders, 2013, Third Edition,
into Sec. Sec. 180.205 and 180.209. This publication has been prepared
as a guide for the periodic inspection of aluminum alloy compressed gas
cylinders with service pressures of 500 psi or less. This publication
is general in nature and will not cover all circumstances for each
individual cylinder type or lading. A read-only version of this
publication is available for review at https://portal.cganet.com/IBR_Review.aspx.
6. CGA S-7, Method for Selecting Pressure Relief Devices for
Compressed Gas Mixtures in Cylinders, 2013, Fifth Edition, into Sec.
173.301. This method is applicable to the determination of the PRD to
use with compressed gas mixtures in cylinders. This method is limited
to those compressed gas mixtures with known flammability, toxicity,
state, and corrosively. A read-only version of this publication is
available for review at https://portal.cganet.com/IBR_Review.aspx.
7. ASME Boiler and Pressure Vessel Code (ASME Code), 2017 Edition,
July 1, 2017 (as follows), into Sec. Sec. 172.102; 173.3; 173.5b;
173.24b; 173.306; 173.315; 173.318; 173.420; 178.255-1; 178.255-2;
178.255-14; 178.255-15; 178.273; 178.274; 178.276; 178.277; 178.320;
178.337-1; 178.337-2; 178.337-3; 178.337-4; 178.337-6; 178.337-16;
178.337-18; 178.338-1; 178.338-2; 178.338-3; 178.338-4; 178.338-5;
178.338-6; 178.338-13; 178.338-16; 178.338-18; 178.338-19; 178.345-1;
178.345-2; 178.345-3; 178.345-4; 178.345-7; 178.345-14; 178.345-15;
178.346-1; 178.347-1; 178.348-1; 179.400-3; 180.407. The ASME BPVC is a
standard that regulates the design and construction of boilers and
pressure vessels. The document is written and maintained by volunteers
chosen for their technical expertise, and ASME works as an
accreditation body and entitles independent third parties such as
verification, testing, and certification agencies to inspect and ensure
compliance to the BPVC. A read-only version of this publication is
available for review at http://go.asme.org/PHMSA-ASME.
8. IME/AESC JPG Standard, Guide to Obtaining DOT Approval of Jet
Perforating Guns using AESC/IME Perforating Gun Specifications, Ver.
02, dated September 1, 2017, into Sec. 173.67. The AESC/IME JPG
Standard was developed in 2008 by IME, AESC, and PHMSA to provide an
efficient and economical mechanism to obtain explosives approvals of
jet perforating guns in compliance with the HMR. Applications that are
prepared and submitted using the standard are processed by PHMSA with
minimal delay and without the need for expensive and time-consuming
testing. A free downloadable copy of this publication can be found at
https://www.ime.org/uploads/public/PHMSA/UpdateJPGStandard(2018.06.12).pdf.
9. American Pyrotechnics Association (APA) Standards: 87-1A
Standard for the Construction, Classification, Approval and
Transportation of Consumer Fireworks, January 1, 2018 version into
Sec. 107.402(d), Sec. 173.59, Sec. 173.64, Sec. 173.65, and
Appendix A to Subpart D of Part 107 (Guidelines for Civil Penalties),
87-1B Standard for the Construction, Classification, Approval, and
Transportation of Display Fireworks, January 1, 2018 version into Sec.
173.64 and Appendix A to Subpart D of Part 107 (Guidelines for Civil
Penalties). 87-1C Standard for the Construction, Classification,
Approval, and Transportation of Entertainment Industry and Technical
(EI&T) Pyrotechnics, January 1, 2018 version into Sec. 173.64 and
Appendix A to Subpart D of Part 107 (Guidelines for Civil Penalties).
APA Standard 87-1A, B, and C is a consensus standard in which fireworks
classifications are assigned based upon the weight and type of chemical
composition contained for each specific type of device, including
specific permissible and
[[Page 41565]]
restricted chemicals. A copy of this standard can be found in this
rulemaking docket at https://www.regulations.gov/docket?D=PHMSA-2017-0120.
D. Section 171.8
Section 171.8 defines terms generally used throughout the HMR that
have broad or multi-modal applicability. PHMSA is proposing to add a
definition for ``waste material'' to allow wastes that do not meet the
EPA/RCRA definition of hazardous waste to be managed in accordance with
the lab pack exception and associated paragraphs in Sec. 173.12.
E. Section 171.23
Section 171.23 covers the requirements for specific materials and
packagings transported under the ICAO Technical Instructions, IMDG
Code, Transport Canada TDG Regulations, or the IAEA Regulations. PHMSA
is proposing to revise Sec. 171.23(a)(3) to allow for the use of
pressure vessels and pressure receptacles that are marked with a pi
mark in accordance with the European Directive 2010/35/EU on
transportable pressure equipment (TPED) and that comply with the
requirements of Packing Instruction P200, P208 and 6.2.2 of ADR
concerning PRD use, test period, filling ratios, test pressure, maximum
working pressure, and material compatibility for the lading contained
or gas being filled. This proposal would allow for intermediate
storage, transport to point of use, discharge, and export of pi-marked
cylinder.
F. Section 172.101
The HMT is contained in Sec. 172.101. The HMT lists
alphabetically, by proper shipping name, those materials that have been
designated hazardous materials for the purpose of transportation. It
provides information used on shipping papers, package marking, and
labeling, as well as other pertinent shipping information for hazardous
materials. In this NPRM, PHMSA is proposing to amend the HMT in the
following ways.
PHMSA is proposing to remove reference to SP 103 from Column (7) of
the HMT for the following four explosive entries ``UN0361, --Detonator
assemblies, non-electric, for blasting''; ``UN0365, --Detonators for
ammunition''; ``UN0255, --Detonators, electric, for blasting''; and
``UN0267, --Detonators, non-electric, for blasting.'' PHMSA is also
proposing to remove the word ``None'' from Column (8A) for the entry
``UN0503, Safety Devices, pyrotechnic'' and replacing it with a
reference to Sec. 173.166 (``166''). Finally, PHMSA is also proposing
to revise 114 entries to harmonize the limited quantity exceptions in
Column (8A) with the ICAO Technical Instructions and the UN Model
Regulations.
G. Section 172.102
Section 172.102 lists special provisions applicable to the
transportation of specific hazardous materials. Special provisions
contain packaging requirements, prohibitions, and exceptions applicable
to particular quantities or forms of hazardous materials. Consistent
with the Sec. 172.101 Column (7) revisions to ``UN0361, --Detonator
assemblies, non-electric, for blasting''; ``UN0365, --Detonators for
ammunition''; ``UN0255, --Detonators, electric, for blasting''; and
``UN0267, --Detonators, non-electric, for blasting,'' in this NPRM,
PHMSA is proposing to remove SP 103 as it would no longer apply to any
HMT entry.
H. Section 172.302
Section 172.302 describes the general marking requirements for bulk
packagings. In this NPRM, PHMSA is proposing to revise the minimum size
of the marking requirement on portable tanks in Sec. 172.302(b)(2).
This revision would require a minimum marking of 12 mm (0.47 inch) in
height. The minimum size requirement would apply to portable tanks with
capacities less than 3,785 L (1,000 gallons).
I. Section 173.5b
Section 173.5b authorizes the transportation by highway of residual
amounts of Division 2.2 refrigerant gases or anhydrous ammonia
contained in non-specification pressure vessels that are components of
refrigeration systems. PHMSA is proposing to remove paragraph (b)(6) to
indefinitely allow the use of refrigeration systems placed into service
prior to June 1, 1991 under specified conditions.
J. Section 173.28
Section 173.28 outlines the requirements for the reuse,
reconditioning and re-manufacture of packagings. PHMSA is proposing to
modify language in Sec. 173.28(c)(1)(i) to clarify requirements for
reconditioning metal drums. PHMSA is proposing to revise Sec.
173.28(c)(1)(i) to read: ``Cleaning to base material of construction,
with all former contents and internal and external corrosion removed,
and any external coatings and labels sufficiently substantially removed
to the extent that tightly adherent paint, mill scale, and rust remain
on no more than 10 percent of each unit's surface area.''
K. Section 173.31
Section 173.31 outlines the requirements for shipping hazardous
materials in tank cars. In this NPRM, PHMSA is proposing to prohibit
the use of tank cars that were manufactured using non-normalized steel
for head or shell construction for the transportation of PIH materials
after December 31, 2020. PHMSA is also proposing the phase-out of all
non-HM-246 compliant tank cars for the transportation of PIH materials
by December 31, 2027.
L. Section 173.56
Section 173.56 outlines the definitions and procedures for the
classification and approval of a new explosive. PHMSA is proposing to
add a reference to a new paragraph in Sec. 173.67, which would apply
to exceptions for Division 1.1 JPGs.
M. Section 173.59
Section 173.59 outlines the description of terms for explosives.
PHMSA is proposing to update a reference to the APA documents in the
definition for consumer firework.
N. Section 173.64
Section 173.64 outlines the exceptions for Division 1.3 and 1.4
fireworks. PHMSA is proposing to update a reference to the APA
documents in Sec. 173.64(a)(1) and (3).
O. Section 173.65
Section 173.65 outlines the exceptions for Division 1.4G consumer
fireworks. PHMSA is proposing to update a reference to the APA
documents in Sec. 173.65(a)(1), (a)(3)(i), and (a)(4)(iv).
P. Section 173.67
PHMSA is proposing to add a new Sec. 173.67 to outline exceptions
for Division 1.1 JPGs.
Q. Section 173.151
Section 173.151 outlines exceptions for Class 4 materials. PHMSA is
proposing to edit the limited quantities provisions in this section to
present limited quantities in appropriate SI units in liters in
addition to kilograms.
R. Section 173.244
Section 173.244 outlines the requirements for bulk packaging for
certain pyrophoric liquids, dangerous when wet (Division 4.3)
materials, and poisonous liquids with inhalation hazards (Division
6.1). PHMSA is proposing to modify the list of
[[Page 41566]]
authorized tank car specifications in the table of PIH materials (Sec.
173.244(a)(2)) by replacing the last specification delimiter ``I'' with
``W'' to reflect the change of the interim tank car standard to a
permanent standard.
S. Section 173.302
Section 173.302 outlines the requirements for the filling of
cylinders with nonliquefied (permanent) compressed gases or adsorbed
gases. In this NPRM, PHMSA is proposing to revise Sec. 173.302(a)(1)
to refer to exceptions in Sec. 171.23(a)(3) for the importation of pi-
marked cylinders. PHMSA is also proposing to revise Sec. 173.302(a)(2)
to allow adsorbed gases the exceptions provided in Sec. 171.23(a)(3).
T. Section 173.304
Section 173.304 outlines the requirements for the filling of
cylinders with liquefied compressed gases. In this NPRM, PHMSA is
proposing to revise Sec. 173.304(a) to refer to exceptions in Sec.
171.23(a)(3) for the importation of pi-marked cylinders.
U. Section 173.308
Section 173.308 outlines the requirements for the shipment of
lighters. In this NPRM, PHMSA is proposing to delete Sec.
173.308(d)(3), which requires a closed transport vehicle or closed
freight container being transported by vessel to contain the marking,
``WARNING--MAY CONTAIN EXPLOSIVE MIXTURES WITH AIR--KEEP IGNITION
SOURCES AWAY WHEN OPENING.''
V. Section 173.314
Section 173.314 outlines the requirements for transporting
compressed gases in tank cars and multi-unit tank cars. PHMSA is
proposing to modify the table in Sec. 173.314(c), which lists the
authorized tank car specifications for specific compressed gases. The
changes replace the last specification delimiter ``I'' with ``W'' to
reflect the change of the interim HM-246 tank car specification
standard for PIH materials to a permanent standard.
W. Section 178.35
Section 178.35 prescribes the manufacturing and testing
specifications for cylinders used for the transportation of hazardous
materials in commerce. PHMSA is proposing to modify Sec. 178.35(b) and
(c) to clarify inspection requirements as stipulated in CGA C-11.
X. Section 178.521
Section 178.521 prescribes the requirements for paper bags used as
non-bulk packagings for hazardous materials. In this NPRM, PHMSA is
proposing to revise Sec. 178.521(b)(4) to allow for a weight tolerance
of 10 percent from the nominal basis weight reported in the
initial design qualification test report instead of 5
percent.
Y. Section 179.22
Section 179.22 specifies additional marking requirements for tank
cars. In this NPRM, PHMSA is proposing to modify Sec. 179.22(e) to
replace the letter ``I'' with the letter ``W'' to facilitate making the
interim HM-246 tank car specification standards permanent for the
transportation of PIH materials by rail.
Z. Section 180.417
Section 180.417 prescribes the reporting and record retention
requirements pertaining to cargo tanks. Currently Sec.
180.417(a)(3)(i) and Sec. 180.417(a)(3)(ii) allow the use of
alternative reports when a manufacturer's certificate and related
papers are not available for DOT specification cargo tanks that were
manufactured before September 1, 1995. PHMSA is proposing to remove the
provision that limits alternative reports to those DOT specification
cargo tanks ``manufactured before September 1, 1995'' from Sec.
180.417(a)(3).
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This rulemaking is published under the authority of Federal
Hazardous Materials Transportation Law (Federal hazmat law; 49 U.S.C.
5101 et seq.), which 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 has delegated the authority granted in the
Federal Hazardous Materials Law to the PHMSA Administrator at 49 CFR
1.97. This rulemaking proposes to amend several sections of the HMR in
response to 24 petitions for rulemaking received from the regulated
community.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
Background
In this NPRM, PHMSA is responding to 24 petitions that have been
submitted by the public in accordance with the Administrative Procedure
Act (5 U.S.C. 553(e)) 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 preliminary Regulatory Impact Analysis (PRIA), which can
be found in the regulatory docket (Docket ID: PHMSA-2017-0120) at
www.regulations.gov.
Summary of Findings
PHMSA estimates a present value of quantified net cost savings of
approximately $1.74 million annualized at a 7 percent discount rate.
These estimates do not include non-monetized and qualitative cost/cost
savings discussed in the PRIA.
PHMSA's cost/cost savings analysis relies on the monetization of
impacts for four petitions included in this rulemaking. All of these
petitions have annualized cost savings. The following table presents a
summary of the four petitions that would 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
-----------------------------------------------------------------------------------------------------------------
Total cost Annualized
Petition # Petition topic savings cost savings
(millions) (millions)
----------------------------------------------------------------------------------------------------------------
P-1677........................................ Mobile Refrigerator Units....... $14.40 $1.00
P-1688........................................ Weight Tolerances for Paper 1.60 0.11
Shipping Sacks.
P-1710........................................ Incorporation of an Institute of 5.10 0.36
Makers of Explosives (IME)
Standard.
P-1711........................................ Incorporation of American 3.90 0.27
Pyrotechnic Association
Standard.
-------------------------------
[[Page 41567]]
Total..................................... ................................ 25.00 1.74
----------------------------------------------------------------------------------------------------------------
In addition to these four items, PHMSA described an additional 19
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 provide relief
from unnecessary requirements or provide additional flexibility, and
therefore should be considered deregulatory in nature.
Conclusion
In conclusion, this NPRM is not considered a significant regulatory
action within the meaning of Executive Order 12866 (E.O. 12866) and DOT
policies and procedures. See 44 FR 11034 (Feb. 26, 1979). PHMSA made
this determination by finding that the economic effects of this
regulatory action would not have an effect on the economy that exceeds
the $100 million annual threshold defined by E.O. 12866 and that the
regulatory action is not otherwise significant. PHMSA estimates a
present value of quantified net cost savings of approximately $25
million over a perpetual time horizon and $1.74 million annualized at a
7 percent discount rate. Please see the PRIA in the regulatory docket
for additional detail and a description of PHMSA's methods and
calculations.
C. Executive Order 13771
This proposed rule is expected to be an E.O. 13771 deregulatory
action. Details on the estimated cost savings of this proposed rule can
be found in the rule's economic analysis.
D. Executive Order 13132
This rulemaking was analyzed in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism'') and the
presidential memorandum (``Preemption'') that was published in the
Federal Register on May 22, 2009 [74 FR 24693]. Executive Order 13132
requires agencies to assure meaningful and timely input by State and
local officials in the development of regulatory policies that may have
``substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.'' This
rulemaking may preempt State, local, and Tribal requirements, but does
not propose any regulation that has substantial direct effects on the
States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
The Federal hazmat law (49 U.S.C. 5101-5128) contains an express
preemption provision [49 U.S.C. 5125(b)] that preempts State, local,
and Indian tribal requirements on the following subjects:
(1) The designation, description, and classification of hazardous
materials;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(5) The design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This proposed rule addresses covered subject items above and
preempts State, local, and Indian tribe requirements not meeting the
``substantively the same'' standard. This proposed rule is necessary to
provide cost savings and regulatory flexibility to the regulated
community. This rulemaking proposes to address 24 petitions for
rulemaking submitted by the regulated community. PHMSA invites those
with an interest in the issues presented in this NPRM to comment on the
effect that the adoption of specific proposals may have on State or
local governments.
E. Executive Order 13175
This rulemaking was analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Executive Order 13175
requires agencies to assure meaningful and timely input from Indian
tribal government representatives in the development of rules that
significantly or uniquely affect Tribal communities by imposing
``substantial direct compliance costs'' or ``substantial direct
effects'' on such communities or the relationship and distribution of
power between the Federal Government and Indian tribes. PHMSA does not
view this rulemaking as having substantial tribal implications.
Therefore, the funding and consultation requirements of Executive Order
13175 do not apply.
However, we invite Indian tribal governments to provide comments on
the costs and effects that this or a future rulemaking could
potentially have on Tribal communities.
F. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Flexibility Fairness Act of 1996, requires Federal
regulatory agencies to prepare an Interim Regulatory Flexibility
Analysis (IRFA) for any NPRM subject to notice-and-comment rulemaking
under the Administrative Procedure Act unless the agency head certifies
that the rule would not have a significant economic impact on a
substantial number of small entities. While PHMSA expects that this
proposed rule would facilitate new technologies or other changes that
provide safety equivalence at lower cost, streamline or reduce
recordkeeping and other paperwork and reporting requirements, and
address other changes to reduce the regulatory burden of the hazardous
materials regulations (HMR), PHMSA has limited data on how the proposed
rule would impact small entities. Therefore, PHMSA prepared an IRFA
which is available in the docket for the rulemaking.
G. Paperwork Reduction Act
This NPRM does not impose new information collection requirements.
Depending on the results of our request
[[Page 41568]]
for comments to this NPRM, there may be a decrease in the annual burden
and costs under OMB-proposed changes to incorporate provisions
contained in certain widely used or longstanding special permits with
an established safety record.
PHMSA specifically requests comments on the information collection
and recordkeeping burdens associated with developing, implementing, and
maintaining these requirements for approval under this NPRM.
Address written comments to the Dockets Unit as identified in the
ADDRESSES section of this NPRM. We must receive comments regarding
information collection burdens prior to the close of the comment period
identified in the DATES section of this NPRM.
H. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulatory and
Deregulatory Actions (``Unified Agenda''). The Regulatory Information
Service Center publishes the Unified Agenda in April and October of
each year. The RIN number contained in the heading of this document can
be used to cross-reference this action with the Unified Agenda.
I. Unfunded Mandates Reform Act
This proposed rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$160.8 million or more, adjusted for inflation, to either State, local,
or tribal governments, in the aggregate, or to the private sector in
any one year, and is the least burdensome alternative that achieves the
objective of the rule.
J. 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 would have a significant impact on the human
environment. The Council on Environmental Quality (CEQ) regulations
require Federal agencies to conduct an environmental review
considering: (1) The need for the proposed action; (2) alternatives to
the proposed action; (3) probable environmental impacts of the proposed
action and alternatives; and (4) the agencies and persons consulted
during the consideration process.
Need for the Proposed Action
In response to petitions for rulemaking submitted by the regulated
community, PHMSA proposes to amend the Hazardous Materials Regulations
(HMR; 49 CFR parts 171-180) to update, clarify, or provide relief from
miscellaneous regulatory requirements. Specifically, PHMSA is proposing
amendments that include, but are not limited to, the following:
Incorporating by Reference (IBR) multiple publications from both the
CGA, IME, the American Society of Mechanical Engineers (ASME) and the
APA; Phase-out of non-normalized steel for transportation of PIH
materials, harmonizing the limited quantity exceptions for more than
100 entries for corrosive materials in the HMT, allowing for the
continued use of Portable and Mobile Refrigerator Systems placed into
service prior to 1991 that are rated to a minimum service pressure of
250 pounds per square inch (psi), revising the basis weight tolerance
for paper shipping sacks, and allowing non-EPA waste to be managed in
accordance with the Lab Pack exception.
These amendments are intended to promote safety and provide clarity
and regulatory relief. The proposed changes were identified in response
to petitions from stakeholders affected by the HMR. These proposed
minor changes would clarify the HMR and enhance safety, while offering
some net economic benefits.
This action is necessary to: (1) Fulfill our statutory directive to
promote transportation safety; (2) fulfill our statutory directive
under the Administrative Procedure Act 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 eliminate unnecessary burdens on 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.
These regulatory revisions would offer more efficient and effective
ways of achieving the PHMSA goal of safe and secure transportation,
protecting both people and the environment, of hazardous materials in
commerce.
Alternatives
In proposing this rulemaking, PHMSA is considering the following
alternatives:
Alternative 1: No Action
If PHMSA chose this alternative, it would not proceed with any
rulemaking on this subject and the current regulatory standards would
remain in effect. This option would not address outstanding petitions
for rulemaking. We rejected the no action alternative.
Alternative 2: Go Forward With the Proposed Amendments to the HMR in
This NPRM
This alternative is the current proposal as it appears in this
NPRM, applying to transport of hazardous materials by highway, rail,
vessel, and aircraft. The proposed amendments encompassed in this
alternative are more fully addressed in the preamble and regulatory
text sections of the NPRM.
Probable Environmental Impacts of the Alternatives
When developing potential regulatory requirements, PHMSA evaluates
those requirements to consider the environmental impact of each
amendment. Specifically, PHMSA evaluates the: Risk of release and
resulting environmental impact; risk to human safety, including any
risk to first responders; longevity of the packaging; and if the
proposed regulation would be carried out in a defined geographic area,
the resources, especially any sensitive areas, and how they could be
impacted by any proposed regulations. The regulatory changes proposed
in this rulemaking 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 in the NPRM under the No Action
Alternative would result in a lost opportunity for reducing negative
environmental and safety-related
[[Page 41569]]
impacts. Greenhouse gas emissions would remain the same under the No
Action Alternative.
Alternative 2: Go Forward With the Proposed Amendments to the HMR in
This NPRM:
The Preferred Alternative encompasses enhanced and clarified
regulatory requirements, which would result in increased compliance and
fewer negative environmental and safety impacts. The table below
summarizes the possible environmental benefits, and any potential
negative impacts, for the amendments proposed in the NPRM.
Summary of Probable Environmental Impacts by Amendments
------------------------------------------------------------------------
Probable
Proposed amendment(s) to HMR Type of environmental
(lettered as above herein) amendment(s) impact(s)
anticipated
------------------------------------------------------------------------
A. Phase-Out of Non-Normalized Regulatory No impacts--
Tank Cars Used to Transport Flexibility. slightly positive
Poison by Inhalation (PIH) benefits.
material.
B. Limited Quantity Shipments of Regulatory No impacts.
Hydrogen Peroxide. Flexibility--Harm
onization.
C. Markings on Portable Tanks... Regulatory No impacts.
Flexibility.
D. Reconditioning of Metal Drums Regulatory No impacts.
Flexibility.
E. Limited Quantity Regulatory No impacts.
Harmonization. Flexibility--Harm
onization.
F. Mobile Refrigeration Units... Regulatory No impacts.
Flexibility.
G. Incorporation by Reference of Standard No impacts.
Compressed Gas Association Incorporation.
(CGA) Standards.
H. Special Provision for Regulatory No impacts.
Explosives. Flexibility.
I. EX Numbers and Safety Devices Regulatory No impacts.
Flexibility.
J. Cargo Tank Reports........... Regulatory No impacts.
Flexibility.
K. Weight Tolerances for Paper Regulatory No impacts.
Shipping Sacks. Flexibility.
L. Markings on Closed Transport Regulatory No impacts.
Containers. Flexibility.
M. Finalization of the HM-246 Regulatory No impacts--
Tank Car Standard. Flexibility. slightly positive
benefits.
N. Phase-out of non-HM-246 Tank Harmonization..... No impacts--
Cars. positive
benefits.
O. Allow Non-RCRA Waste to Use Regulatory No impacts.
Lab Pack Exception. Flexibility.
P. Incorporation of ASME Code Standard No impacts.
Sections II, VIII, and IX. Incorporation.
Q. Import of Foreign Regulatory No impacts.
Pi[dash]Marked Cylinders. Flexibility--Harm
onization.
R. Use of Alternative Regulatory No impacts.
Leakproofness Test. Flexibility.
S. Placement of the word Regulatory No impacts.
``stabilized'' in shipping Flexibility.
description.
T. Incorporation of an Institute Standard No impacts.
of Makers of Explosives (IME) Incorporation.
Standard.
U. Incorporation of American Standard No impacts.
Pyrotechnic Association Incorporation.
Standard.
------------------------------------------------------------------------
Agencies Consulted
This NPRM would affect some PHMSA stakeholders, including hazardous
materials shippers and carriers by highway, rail, vessel, and aircraft,
as well as package manufacturers and testers. PHMSA sought comment from
the following Federal Agencies and modal partners:
Federal Aviation Administration
Federal Motor Carrier Safety Administration
Federal Railroad Administration
U.S. Coast Guard
PHMSA did not receive any adverse comments on the amendments
proposed in this NPRM from these Federal Agencies.
Conclusion
The proposed amendments are intended to update, clarify, or provide
relief from certain existing regulatory requirements to promote safer
transportation practices; eliminate unnecessary regulatory
requirements; facilitate international commerce; and make these
requirements easier to understand. These proposed amendments, if
adopted, would foster a greater level of compliance with the HMR
because they offer clarity and regulatory flexibility, making it easier
for the regulated community to comply with the HMR. Accordingly, the
net environmental impact of this proposal would be slightly positive.
The provisions of this proposed rule build on current regulatory
requirements to enhance the transportation safety and security of
shipments of hazardous materials transported by highway, rail, aircraft
and vessel, thereby reducing the risks of an accidental or intentional
release of hazardous materials and consequent environmental damage.
PHMSA believes that there are no non-negligible environmental impacts
associated with this proposed rule.
PHMSA welcomes any views, data, or information related to
environmental impacts that may result if the proposed requirements are
adopted, as well as possible alternatives and their environmental
impacts.
K. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
L. Executive Order 13609 and International Trade Analysis
Under Executive Order 13609, ``Promoting International Regulatory
Cooperation,'' agencies must consider whether the impacts associated
with significant variations between domestic and international
regulatory approaches are unnecessary or may impair the ability of
American business to export and compete internationally. See 77 FR
26413 (May 4, 2012). 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. This proposed rule does
[[Page 41570]]
not negatively impact international trade.
M. Executive Order 13211
Executive Order 13211 (``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'') [66 FR
28355; May 22, 2001] requires Federal agencies to prepare a Statement
of Energy Effects for any ``significant energy action.'' Under the
executive order, a ``significant energy action'' is defined as any
action by an agency (normally published in the Federal Register) that
promulgates, or is expected to lead to the promulgation of, a final
rule or regulation (including a notice of inquiry, ANPRM, and NPRM)
that: (1)(i) Is a significant regulatory action under Executive Order
12866 or any successor order, and (ii) is likely to have a significant
adverse effect on the supply, distribution, or use of energy; or (2) is
designated by the Administrator of the Office of Information and
Regulatory Affairs as a significant energy action.
PHMSA does not anticipate that this rulemaking would result in
significant energy action, but welcomes any data or information related
to energy impacts that may result from this NPRM, as well as possible
alternatives and their energy impacts. Please describe the impacts and
the basis for the comment.
N. 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 standards bodies. This NPRM
involves multiple voluntary consensus standards which are listed in
Sec. 171.7.
List of Subjects
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Incorporation by reference, Packaging and containers,
Penalties, Reporting and recordkeeping requirements.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements, Definitions and abbreviations.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Labeling, Markings, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Training, Packaging and containers, 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 179
Hazardous materials transportation, Incorporation by reference,
Railroad safety, Reporting and recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Incorporation by reference,
Motor carriers, Motor vehicle safety, Packaging and containers,
Railroad safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, we are proposing to amend 49 CFR
Chapter I as follows:
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
0
1. The authority citation for part 107 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section
4; Pub. L. 104-121, sections 212-213; Pub. L. 104-134, section
31001; Pub. L. 114-74 section 4 (28 U.S.C. 2461 note); 49 CFR 1.81
and 1.97.
0
2. In Appendix A to Subpart D of Part 107, in the List of Frequently
Cited Violations, revise the references for the APA documents in
``Offeror Requirements--Specific hazardous materials'' in section B.2
to read as follows:
Appendix A to Subpart D of Part 107--Guidelines for Civil Penalties
* * * * *
------------------------------------------------------------------------
Section or
Violation description cite Baseline assessment
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
Offeror Requirements--Specific hazardous materials
------------------------------------------------------------------------
* * * * * * *
B. Class 1--Explosives:
1. Failure to mark the package 172.320 $1,000.
with the EX number for each
substance contained in the
package or, alternatively,
indicate the EX number for
each substance in association
with the description on the
shipping description.
2. Offering an unapproved 173.54, ....................
explosive for transportation:. 173.56(b).
a. Division 1.4 fireworks .............. 5,000.
meeting the chemistry
requirements of APA
Standard 87-1A.
b. Division 1.3 fireworks .............. 7,500.
meeting the chemistry
requirements of APA
Standard 87-1A.
c. All other explosives .............. 12,500 and up.
(including forbidden).
3. Offering an unapproved 173.54, ....................
explosive for transportation 173.56(b).
that minimally deviates from
an approved design in a
manner that does not impact
safety:.
a. Division 1.4........... .............. 3,000.
b. Division 1.3........... .............. 4,000.
c. All other explosives... .............. 6,000.
4. Offering a leaking or 173.54(c). ....................
damaged package of explosives
for transportation:.
[[Page 41571]]
a. Division 1.3 and 1.4... .............. 12,500.
b. All other explosives... .............. 16,500.
5. Offering a Class 1 material 173.60(b)(5) 15,000.
that is fitted with its own
means of ignition or
initiation, without providing
protection from accidental
actuation.
6. Packaging explosives in the 173.61 9,300.
same outer packaging with
other materials.
7. Transporting a detonator on 177.835(g)(3) 10,000.
the same vehicle as
incompatible materials using
the approved method listed in
177.835(g)(3) without meeting
the requirements of IME
Standard 22.
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
3. In Sec. 107.402, revise introductory text in paragraph (d) to read
as follows:
Sec. 107.402 Application for designation as a certification agency.
* * * * *
(d) Fireworks Certification Agency. Prior to reviewing, and
certifying Division 1.4G consumer fireworks (UN0336) for compliance
with the APA Standard 87-1A (IBR, see Sec. 171.7 of this chapter) as
specified in part 173 of this chapter, a person must apply to, and be
approved by, the Associate Administrator to act as a Fireworks
Certification Agency.
* * * * *
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
4. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section
4; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 4 (28
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.
0
5. In Sec. 171.7 revise paragraphs (f), (g), (n)(4), (n)(6), (n)(9),
(n)(20), (p) and paragraph (r) introductory text; and add paragraphs
(r)(3), and (dd)(4) to read as follows:
Sec. 171.7171.7 Reference material.
* * * * *
(f) American Pyrotechnics Association (APA), P.O. Box 30438,
Bethesda, MD 20824, (301) 907-8181, www.americanpyro.com.
(1) APA Standard 87-1A: Standard for the Construction,
Classification, Approval and Transportation of Consumer Fireworks,
January 1, 2018 version into Sec. Sec. 107.402(d); 173.59; 173.64;
173.65; and appendix A to subpart D of part 107 (Guidelines for Civil
Penalties).
(2) APA Standard 87-1B: Standard for the Construction,
Classification, Approval, and Transportation of Display Fireworks,
January 1, 2018 version into Sec. 173.64 and appendix A to subpart D
of part 107 (Guidelines for Civil Penalties).
(3) APA Standard 87-1C: Standard for the Construction,
Classification, Approval, and Transportation of Entertainment Industry
and Technical (EI&T) Pyrotechnics, January 1, 2018 version into Sec.
173.64 and appendix A to subpart D of part 107 (Guidelines for Civil
Penalties).
(g) The American Society of Mechanical Engineers (ASME), 150 Clove
Road, Little Falls, NJ 07424-2139, telephone: 1-800-843-2763, http://www.asme.org.
(1) ASME Boiler and Pressure Vessel Code (ASME Code), 2017 Edition,
July 1, 2017 (as follows), into Sec. Sec. 172.102; 173.3; 173.5b;
173.24b; 173.306; 173.315; 173.318; 173.420; 178.255-1; 178.255-2;
178.255-14; 178.255-15; 178.273; 178.274; 178.276; 178.277; 178.320;
178.337-1; 178.337-2; 178.337-3; 178.337-4; 178.337-6; 178.337-16;
178.337-18; 178.338-1; 178.338-2; 178.338-3; 178.338-4; 178.338-5;
178.338-6; 178.338-13; 178.338-16; 178.338-18; 178.338-19; 178.345-1;
178.345-2; 178.345-3; 178.345-4; 178.345-7; 178.345-14; 178.345-15;
178.346-1; 178.347-1; 178.348-1; 179.400-3; 180.407:
(i) Section II--Materials--Part A--Ferrous Materials
Specifications.
(ii) Section II--Materials--Part B--Nonferrous Material
Specifications.
(iii) Section V--Nondestructive Examination.
(iv) Section VIII--Rules for Construction of Pressure Vessels
Division 1.
(v) Section IX--Welding, Brazing, and Fusing Qualifications.
* * * * *
(n) * * *
* * * * *
(4) CGA C-6.1, Standards for Visual Inspection of High Pressure
Aluminum Compressed Gas Cylinders, 2013, Sixth Edition, into Sec. Sec.
180.205; 180.209.
* * * * *
(6) CGA C-6.3, Guidelines for Visual Inspection and Requalification
of Low Pressure Aluminum Compressed Gas Cylinders, 2013, Third Edition
into Sec. Sec. 180.205; 180.209.
* * * * *
(9) CGA C-11, Recommended Practices for Inspection of Compressed
Gas Cylinders at Time of Manufacture, 2013, Fifth Edition, into Sec.
178.35.
* * * * *
(20) CGA S-7, Method for Selecting Pressure Relief Devices for
Compressed Gas Mixtures in Cylinders, 2013, Fifth Edition, into Sec.
173.301.
* * * * *
(p) Directive 2010/35/EU of the European Parliament and of the
Council, June 16, 2010, into Sec. 171.23.
* * * * *
(r) Institute of Makers of Explosives, 1212 New York Ave NW #650,
Washington, DC 20005.
* * * * *
(3) IME/AESC JPG Standard, Guide to Obtaining DOT Approval of Jet
Perforating Guns using AESC/IME Perforating Gun Specifications, Ver.
02, dated September 1, 2017, into Sec. 173.67.
* * * * *
(dd) * * *
* * * * *
(4) European Agreement concerning the International Carriage of
Dangerous Goods by Road, 2017, into Sec. 171.23.
* * * * *
0
6. In Sec. 171.8, add the definition for ``waste material'' in
alphabetical order to read as follows:
Sec. 171.8171.8 Definitions and abbreviations.
* * * * *
Waste material means, for the purposes of lab pack requirements in
Sec. 173.12 of this subchapter, all hazardous materials which are
destined for disposal or recovery, and not so limited to only those
defined as a hazardous waste in this section.
* * * * *
0
7. In Sec. 171.23, revise paragraph (a) to read as follows:
[[Page 41572]]
Sec. 171.23 Requirements for specific materials and packagings
transported under the ICAO Technical Instructions, IMDG Code, Transport
Canada TDG Regulations, or the IAEA Regulations.
* * * * *
(a) Conditions and requirements for cylinders and pressure
receptacles. (1) Except as provided in this paragraph (a), a filled
cylinder (pressure receptacle) manufactured to other than a DOT
specification or a UN standard in accordance with part 178 of this
subchapter, a DOT exemption or special permit cylinder, a TC, CTC, CRC,
or BTC cylinder authorized under Sec. 171.12, or a cylinder used as a
fire extinguisher in conformance with Sec. 173.309(a) of this
subchapter, may not be transported to, from, or within the United
States.
(2) Cylinders (including UN pressure receptacles) transported to,
from, or within the United States must conform to the applicable
requirements of this subchapter. Unless otherwise excepted in this
subchapter, a cylinder must not be transported unless--
(i) The cylinder is manufactured, inspected and tested in
accordance with a DOT specification or a UN standard prescribed in part
178 of this subchapter, or a TC, CTC, CRC, or BTC specification set out
in the Transport Canada TDG Regulations (IBR, see Sec. 171.7), except
that cylinders not conforming to these requirements must meet the
requirements in paragraph (a)(3), (4), or (5) of this section;
(ii) The cylinder is equipped with a pressure relief device in
accordance with Sec. 173.301(f) of this subchapter and conforms to the
applicable requirements in part 173 of this subchapter for the
hazardous material involved;
(iii) The openings on an aluminum cylinder in oxygen service
conform to the requirements of this paragraph, except when the cylinder
is used for aircraft parts or used aboard an aircraft in accordance
with the applicable airworthiness requirements and operating
regulations. An aluminum DOT specification cylinder must have an
opening configured with straight (parallel) threads. A UN pressure
receptacle may have straight (parallel) or tapered threads provided the
UN pressure receptacle is marked with the thread type, e.g. ``17E, 25E,
18P, or 25P'' and fitted with the properly marked valve; and
(iv) A UN pressure receptacle is marked with ``USA'' as a country
of approval in conformance with Sec. Sec. 178.69 and 178.70 of this
subchapter, or ``CAN'' for Canada.
(3) Pi-marked pressure receptacles. Pressure receptacles that are
marked with a pi mark in accordance with the European Directive 2010/
35/EU on transportable pressure equipment (TPED) and that comply with
the requirements of Packing Instruction P200 or P208 and 6.2.2 of the
Agreement Concerning the International Carriage of Dangerous Goods by
Road (ADR) concerning pressure relief device (PRD) use, test period,
filling ratios, test pressure, maximum working pressure, and material
compatibility for the lading contained or gas being filled, are
authorized as follows:
(i) Import: Filled pressure receptacles may be imported into the
United States, transported to point of use, including storage
incidental to movement, and discharged and exported.
(ii) Export: Pressure receptacle may be filled with a gas in the
United States and offered for transportation and transported, including
storage incidental to movement, for export.
(iii) The bill of lading or other shipping paper must identify the
cylinder and include the following certification: ``This cylinder has
(These cylinders have) conform to the requirements for pi-marked
cylinders found in 171.23(a)(3).''
(4) Importation of cylinders for discharge within a single port
area. A cylinder manufactured to other than a DOT specification or UN
standard in accordance with part 178 of this subchapter, or a TC, CTC,
BTC, or CRC specification cylinder set out in the Transport Canada TDG
Regulations (IBR, see Sec. 171.7), and certified as being in
conformance with the transportation regulations of another country may
be authorized, upon written request to and approval by the Associate
Administrator, for transportation within a single port area, provided--
(i) The cylinder is transported in a closed freight container;
(ii) The cylinder is certified by the importer to provide a level
of safety at least equivalent to that required by the regulations in
this subchapter for a comparable DOT, TC, CTC, BTC, or CRC
specification or UN cylinder; and
(iii) The cylinder is not refilled for export unless in compliance
with paragraph (a)(5) of this section.
(5) Filling of cylinders for export or for use on board a vessel. A
cylinder not manufactured, inspected, tested and marked in accordance
with part 178 of this subchapter, or a cylinder manufactured to other
than a UN standard, DOT specification, exemption or special permit, or
other than a TC, CTC, BTC, or CRC specification, may be filled with a
gas in the United States and offered for transportation and transported
for export or alternatively, for use on board a vessel, if the
following conditions are met:
(i) The cylinder has been requalified and marked with the month and
year of requalification in accordance with subpart C of part 180 of
this subchapter, or has been requalified as authorized by the Associate
Administrator;
(ii) In addition to other requirements of this subchapter, the
maximum filling density, service pressure, and pressure relief device
for each cylinder conform to the requirements of this part for the gas
involved; and
(iii) The bill of lading or other shipping paper identifies the
cylinder and includes the following certification: ``This cylinder has
(These cylinders have) been qualified, as required, and filled in
accordance with the DOT requirements for export.''
(6) Cylinders not equipped with pressure relief devices. A DOT
specification or a UN cylinder manufactured, inspected, tested and
marked in accordance with part 178 of this subchapter and otherwise
conforms to the requirements of part 173 of this subchapter for the gas
involved, except that the cylinder is not equipped with a pressure
relief device may be filled with a gas and offered for transportation
and transported for export if the following conditions are met:
(i) Each DOT specification cylinder or UN pressure receptacle must
be plainly and durably marked ``For Export Only'';
(ii) The shipping paper must carry the following certification:
``This cylinder has (These cylinders have) been retested and refilled
in accordance with the DOT requirements for export.''; and
(iii) The emergency response information provided with the shipment
and available from the emergency response telephone contact person must
indicate that the pressure receptacles are not fitted with pressure
relief devices and provide appropriate guidance for exposure to fire.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
0
8. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.
0
9. In Sec. 172.101, add paragraph (c)(17) and amend the Hazardous
Materials Table to revise entries under ``[REVISE]'' in the appropriate
alphabetical sequence to read as follows:
[[Page 41573]]
Sec. 172.101 Purpose and use of the hazardous materials table.
* * * * *
(c) * * *
(17) Unless it is already included in the proper shipping name in
the Sec. 172.101 Table, the qualifying word ``stabilized'' may be
added in association with the proper shipping name, as appropriate,
where without stabilization the substance would be forbidden for
transportation according to Sec. 173.21(f) of this subchapter.
* * * * *
BILLING CODE 4909-60-P
[[Page 41574]]
[GRAPHIC] [TIFF OMITTED] TP14AU19.473
[[Page 41575]]
[GRAPHIC] [TIFF OMITTED] TP14AU19.474
[[Page 41576]]
[GRAPHIC] [TIFF OMITTED] TP14AU19.475
[[Page 41577]]
[GRAPHIC] [TIFF OMITTED] TP14AU19.476
[[Page 41578]]
[GRAPHIC] [TIFF OMITTED] TP14AU19.477
[[Page 41579]]
[GRAPHIC] [TIFF OMITTED] TP14AU19.478
[[Page 41580]]
[GRAPHIC] [TIFF OMITTED] TP14AU19.479
[[Page 41581]]
[GRAPHIC] [TIFF OMITTED] TP14AU19.480
[[Page 41582]]
[GRAPHIC] [TIFF OMITTED] TP14AU19.481
[[Page 41583]]
[GRAPHIC] [TIFF OMITTED] TP14AU19.482
[[Page 41584]]
[GRAPHIC] [TIFF OMITTED] TP14AU19.483
[[Page 41585]]
[GRAPHIC] [TIFF OMITTED] TP14AU19.484
[[Page 41586]]
[GRAPHIC] [TIFF OMITTED] TP14AU19.485
[[Page 41587]]
[GRAPHIC] [TIFF OMITTED] TP14AU19.486
[[Page 41588]]
[GRAPHIC] [TIFF OMITTED] TP14AU19.487
[[Page 41589]]
[GRAPHIC] [TIFF OMITTED] TP14AU19.488
[[Page 41590]]Sec. 172.102 [Amended]
0
10. In Sec. 172.102, in paragraph (c)(1) remove special provision 103.
0
11. In Sec. 172.302, revise paragraph (b)(2) to read as follows:
Sec. 172.302 General marking requirements for bulk packagings.
* * * * *
(b) * * *
(2) Have a width of at least 4.0 mm (0.16 inch) and a height of at
least 12 mm (0.47 inch) for portable tanks with capacities of less than
3,785 L (1,000 gallons) and a width of at least 4.0 mm (0.16 inch) and
a height of 25 mm (one inch) for IBCs; and
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
12. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.
0
13. In Sec. 173.5b, revise paragraph (b) to read as follows:
Sec. 173.5b Portable and mobile refrigeration systems.
* * * * *
(b) Refrigeration systems placed into service prior to June 1,
1991. (1) For refrigeration systems placed into service prior to June
1, 1991, each pressure vessel and associated piping must be rated at a
MAWP of not less than 250 psig. During transportation, pressure in the
components that are part of the evaporating line may not exceed 150
psig.
(2) Each pressure vessel and associated piping that is part of the
evaporating line must be marked ``LOW SIDE'' in a permanent and clearly
visible manner. The evaporating line must have a pressure gauge with
corresponding temperature markings mounted in a manner that is easily
readable when standing on the ground. The gauge must be permanently
marked or tagged ``SATURATION GAUGE.''
(3) Each pressure vessel and associated piping containing liquid
anhydrous ammonia must be isolated using appropriate means from piping
and components marked ``LOW SIDE.''
(4) Prior to transportation, each pressure vessel and associated
piping must be relieved of enough gaseous lading to ensure that the
MAWP is not exceeded at transport temperatures up to 54 [deg]C (130
[deg]F).
* * * * *
0
14. In Sec. 173.28, revise (c)(1)(i) to read as follows:
Sec. 173.28 Reuse, reconditioning and remanufacture of packagings.
* * * * *
(c) * * *
(1) * * *
(i) Cleaning to base material of construction, with all former
contents and internal and external corrosion removed, and any external
coatings and labels substantially removed to the extent that tightly
adhering paint, mill scale, and rust may remain on no more than 10
percent of each unit's surface area;
* * * * *
0
15. In Sec. 173.31, revise paragraph (e) to read as follows;
Sec. 173.31 Use of tank cars.
* * * * *
(e) Special requirements for poisonous by inhalation (PIH)
material. (1) Interior heater coils. Tank cars used for PIH material
may not have interior heater coils.
(2) Tank car specifications. A tank car used for a PIH material
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) A tank car owner retiring or otherwise removing a tank car
from service transporting PIH material, 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
PIH materials constructed of normalized steel meeting the applicable
DOT specification.
(3) After December 31, 2020, tank cars manufactured with non-
normalized steel for head or shell construction may not be used for the
transportation of PIH material.
(4) After December 31, 2027, tank cars not meeting the HM-246 tank
car standard may not be used for the transportation of PIH material.
* * * * *
0
16. In Sec. 173.56, revise paragraph (b) introductory text to read as
follows:
Sec. 173.56 New explosives--definition and procedures for
classification and approval.
* * * * *
(b) Examination, classification and approval. Except as provided in
Sec. Sec. 173.64, 173.65, and 173.67, no person may offer a new
explosive for transportation unless that person has specified to the
examining agency the ranges of composition of ingredients and
compounds, showing the intended manufacturing tolerances in the
composition of substances or design of articles which will be allowed
in that material or device, and unless it has been examined, classed
and approved as follows:
* * * * *
0
17. In Sec. 173.59, revise the definition for consumer fireworks to
read as follows:
Sec. 173.59 Description of terms for explosives.
* * * * *
Consumer firework. Any finished firework device that is in a form
intended for use by the public that complies with any limits and
requirements of the APA Standard 87-1A (IBR, see Sec. 171.7 of this
subchapter) and the construction, performance, chemical composition,
and labeling requirements codified by the U.S. Consumer Product Safety
Commission in 16 CFR parts 1500 and 1507. A consumer firework does not
include firework devices, kits or components banned by the U.S.
Consumer Product Safety Commission in 16 CFR 1500.17(a)(8).
* * * * *
0
18. In Sec. 173.64, revise paragraphs (a)(1) and (3) to read as
follows:
Sec. 173.64 Exceptions for Division 1.3 and 1.4 fireworks.
(a) * * *
(1) The fireworks are manufactured in accordance with the
applicable requirements in APA Standard 87-1A, 87-1B, and 87-1C (IBR,
see Sec. 171.7 of this subchapter);
* * *
(3) The manufacturer applies in writing to the Associate
Administrator following the applicable requirements in APA Standard 87-
1A, 87-1B, and 87-1C and is notified in writing by the Associate
Administrator that the fireworks have been classed, approved, and
assigned an EX number. Each application must be complete and include
all relevant background data and copies of all applicable drawings,
test results, and any other pertinent information on each device for
which approval is being requested. The manufacturer must sign the
application and certify that the device for which approval is requested
conforms to APA Standard 87-1, that the descriptions and technical
information contained in the application are complete and accurate,
[[Page 41591]]
and that no duplicate application has been submitted to a fireworks
certification agency. If the application is denied, the manufacturer
will be notified in writing of the reasons for the denial. The
Associate Administrator may require that the fireworks be examined by
an agency listed in Sec. 173.56(b)(1) of this part.
* * * * *
0
19. In Sec. 173.65, revise paragraphs (a)(1), (a)(3)(i), and
(a)(4)(iv) to read as follows:
Sec. 173.65 Exceptions for Division 1.4G consumer fireworks.
(a) * * *
(1) The fireworks are manufactured in accordance with the
applicable requirements in APA Standard 87-1A (IBR, see Sec. 171.7 of
this subchapter);
* * * * *
(3) * * *
(i) Certified that it complies with APA Standard 87-1A, and meets
the requirements of this section; and
* * * * *
(4) * * *
(iv) Signed certification declaring that the device for which
certification is requested conforms to the APA Standard 87-1A, that the
descriptions and technical information contained in the application are
complete and accurate, and that no duplicate applications have been
submitted to PHMSA. If the application is denied, the Fireworks
Certification Agency must notify the manufacturer in writing of the
reasons for the denial. As detailed in the DOT-approval issued to the
Fireworks Certification Agency, following the issuance of a denial from
a Fireworks Certification Agency, a manufacturer may seek
reconsideration from the Fireworks Certification Agency, or may appeal
the reconsideration decision of the Fireworks Certification Agency to
PHMSA's Associate Administrator.
* * * * *
0
20. Add Sec. 173.67 to read as follows:
Sec. 173.67 Exceptions for Division 1.1 jet perforating guns.
(a) Notwithstanding the requirements of Sec. 173.56(b), Division
1.1 jet perforating guns may be classed and approved by the Associate
Administrator without prior examination and offered for transportation
if the following conditions are met:
(1) The jet perforating guns are manufactured in accordance with
the applicable requirements in IME/AESC JPG Standard (IBR, see Sec.
171.7 of this subchapter);
(2) The jet perforating gun must be of a type described in the IME/
AESC JPG Standard;
(3) The applicant applies in writing to the Associate Administrator
following the applicable requirements in the IME/AESC JPG Standard, and
is notified in writing by the Associate Administrator that the jet
perforating gun has been classed, approved, and assigned an EX number.
Each application must be complete and include all relevant background
data, the applicable drawings, and any other pertinent information as
described in the IME/AESC JPG Standard on each jet perforating gun for
which approval is being requested. The manufacturer must sign the
application and certify that the jet perforating gun for which approval
is requested conforms to the IME/AESC JPG Standard and that the
descriptions and technical information contained in the application are
complete and accurate. If the application is denied, the applicant will
be notified in writing of the reasons for the denial. The Associate
Administrator may require that the jet perforating gun be examined as
provided under Sec. 173.56(b)(1).
(b) [Reserved]
* * * * *
0
21. In Sec. 173.151, revise paragraphs (b)(1)(i) and (ii) to read as
follow:
Sec. 173.151 Exceptions for Class 4
* * * * *
(b) * * *
(1) * * *
(i) For flammable solids in Packing Group II, inner packagings not
over 1.0 kg (2.2 pounds) or 1 L (0.3 gallon) net capacity each, packed
in a strong outer packaging.
(ii) For flammable solids in Packing Group III, inner packagings
not over 5.0 kg (11 pounds) or 0.5 L (1.3 gallon) net capacity each,
packed in a strong outer packaging.
* * * * *
0
22. In Sec. 173.244, revise paragraph (a)(2) table to read as follows:
Sec. 173.244 Bulk packaging for certain pyrophoric liquids (Division
4.2), dangerous when wet (Division 4.3) materials, and poisonous
liquids with inhalation hazards (Division 6.1).
* * * * *
(a) * * *
(2) * * *
Table 1 to paragraph (a)(2)
------------------------------------------------------------------------
Authorized tank car
Proper shipping name specification
------------------------------------------------------------------------
Acetone cyanohydrin, stabilized (Note 105J500W
1). 112J500W
Acrolein (Note 1)...................... 105J600W
Allyl Alcohol.......................... 105J500W
112J500W
Bromine................................ 105J500W
Chloropicrin........................... 105J500W
112J500W
Chlorosulfonic acid.................... 105J500W
112J500W
Dimethyl sulfate....................... 105J500W
112J500W
Ethyl chloroformate.................... 105J500W
112J500W
Hexachlorocyclopentadiene.............. 105J500W
112J500W
Hydrocyanic acid, aqueous solution or 105J500W
Hydrogen cyanide, aqueous solution 112J500W
with not more than 20% hydrogen
cyanide (Note 2).
Hydrogen cyanide, stabilized (Note 2).. 105J600W
Hydrogen fluoride, anhydrous........... 105J500W
112J500W
Poison inhalation hazard, Zone A 105J600W
materials not specifically identified
in this table.
[[Page 41592]]
Poison inhalation hazard, Zone B 105J500W
materials not specifically identified 112J500W
in this table.
Phosphorus trichloride................. 105J500W
112J500W
Sulfur trioxide, stabilized............ 105J500W
112J500W
Sulfuric acid, fuming.................. 105J500W
112J500W
Titanium tetrachloride................. 105J500W
112J500W
------------------------------------------------------------------------
Note 1: Each tank car must have a reclosing pressure relief device
having a start-to-discharge pressure of 10.34 Bar (150 psig).
Restenciling to a lower test pressure is not authorized.
Note 2: Each tank car must have a reclosing pressure relief device
having a start-to-discharge pressure of 15.51 Bar (225 psig).
Restenciling to a lower test pressure is not authorized.
* * * * *
0
23. In Sec. 173.302, revise paragraph (a) to read as follows:
Sec. 173.302 Filling of cylinders with nonliquefied (permanent)
compressed gases or adsorbed gases.
(a) General Requirements. (1) Except as provided in Sec.
171.23(a)(3) of this subchapter, a cylinder filled with a non-liquefied
compressed gas (except gas in solution) must be offered for
transportation in accordance with the requirements of this section and
Sec. 173.301 of this subpart. In addition, a DOT specification
cylinder must meet the requirements in Sec. Sec. 173.301a, 173.302a,
and 173.305 of the subpart, as applicable. UN pressure receptacles must
meet the requirements in Sec. Sec. 173.301b and 173.302b of this
subpart, as applicable. Where more than one section applies to a
cylinder, the most restrictive requirements must be followed.
(2) Adsorbed gas. Except as provided in Sec. 171.23(a)(3) of this
subchapter, a cylinder filled with an adsorbed gas must be offered for
transportation in accordance with the requirements of paragraph (d) of
this section, and Sec. Sec. 173.301, and 173.302c of this subpart. UN
cylinders must meet the requirements in Sec. Sec. 173.301b and
173.302b of this subpart, as applicable. Where more than one section
applies to a cylinder, the most restrictive requirements must be
followed.
* * * * *
0
24. In Sec. 173.304, revise paragraph (a) introductory text to read as
follows:
Sec. 173.304 Filling of cylinders with liquefied compressed gases.
(a) General requirements. Except as provided in Sec. 171.23(a)(3)
of this subchapter, a cylinder filled with a liquefied compressed gas
(except gas in solution) must be offered for transportation in
accordance with the requirements of this section and the general
requirements in Sec. 173.301 of this subpart. In addition, a DOT
specification cylinder must meet the requirement in Sec. Sec.
173.301a, 173.304a, and 173.305 of this subpart, as applicable. UN
pressure receptacles must be shipped in accordance with the
requirements in Sec. Sec. 173.301b and 173.304b of this subpart, as
applicable.
* * * * *
0
25. In Sec. 173.308, revise paragraph (d) to read as follows:
Sec. 173.308 Lighters.
* * * * *
(d) Shipping paper and marking requirements. (1) In addition to the
requirements of subpart C of part 172, shipping papers must be
annotated with the lighter design test report identifier (see paragraph
(b)(4)(i)(C) of this section) traceable to the test report assigned to
the lighters or, if applicable, the previously issued approval number
(i.e., T***), in association with the basic description.
(2) In addition to the requirements of subpart D of part 172, a
lighter design test report identifier (see paragraph (b)(4)(i)(C) of
this section) or, if applicable, the previously issued approval number
(i.e., T***), must be marked on a package containing lighters.
* * * * *
0
26. In Sec. 173.314, in paragraph (c), revise the table to read as
follows:
Sec. 173.314 Compressed gases in tank cars and multi-unit tank cars.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
Authorized tank car
Proper shipping name Outage and filling Authorized tank car specification (see note
limits (see note 1) class (see note 11) 12)
----------------------------------------------------------------------------------------------------------------
Ammonia, anhydrous, or ammonia Notes 2, 10............ 105, 112, 114, 120..... 105J500W, 112J500W
solutions >50 percent ammonia.
Note 3................. 106.................... .......................
Ammonia solutions with >35 percent, Note 3................. 105, 109, 112, 114, 120 .......................
but
