Hazardous Materials: Editorial Corrections and Clarifications
| Published date | 21 December 2020 |
| Citation | 85 FR 83366 |
| Record Number | 2020-23353 |
| Section | Rules and Regulations |
| Court | Pipeline And Hazardous Materials Safety Administration |
Federal Register, Volume 85 Issue 245 (Monday, December 21, 2020)
[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Rules and Regulations]
[Pages 83366-83403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23353]
[[Page 83365]]
Vol. 85
Monday,
No. 245
December 21, 2020
Part IV Department of Transportation----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration49 Parts 106, 107, et al.Hazardous Materials: Editorial Corrections and Clarifications; Final
Rule
Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 /
Rules and Regulations
[[Page 83366]]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 106, 107, 171, 172, 173, 174, 175, 176, 177, 178, 179,
and 180
[Docket No. PHMSA-2018-0082 (HM-260A)]
RIN 2137-AF43
Hazardous Materials: Editorial Corrections and Clarifications
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This final rule corrects editorial errors and improves the
clarity of certain provisions in the Hazardous Materials Regulations
and PHMSA program and procedural regulations. The intended effect of
this rulemaking is to enhance the accuracy and reduce misunderstandings
of the regulations. The amendments contained in this final rule are
non-substantive changes and do not impose new requirements.
DATES: This final rule is effective January 20, 2021.
FOR FURTHER INFORMATION CONTACT: Yul B. Baker Jr., Standards and
Rulemaking Division, Office of Hazardous Materials Safety, (202) 366-
8553, PHMSA, East Building, PHH-10, 1200 New Jersey Avenue SE,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Clarifying the Use of the Term ``Movement'' Within the HMR
III. Section-by-Section Review of Changes
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
G. Unfunded Mandates Reform Act
H. Paperwork Reduction Act
I. Environmental Assessment
J. Regulation Identifier Number (RIN)
K. Executive Order 13609 and International Trade Analysis
I. Background
PHMSA reviews annually the Hazardous Materials Regulations (HMR; 49
Code of Federal Regulations (CFR) parts 171-180), as well as its
program and procedural regulations to cure typographical errors,
outdated addresses or other contact information, incorrect reference
citations, and similar errors, which introduce confusion and lack of
clarity for the reader. In this final rule, PHMSA is correcting
typographical errors, incorrect regulatory references and citations,
inaccurate office address(es), inconsistent use of terminology,
misstatements of certain regulatory requirements, and inadvertent
omissions of information. Further, within the scope of this rulemaking,
PHMSA is revising the HMR and procedural regulations to make them
easier to understand. For example, PHMSA frequently issues letters of
clarification on the HMR at the request of stakeholders. Where
opportunities present themselves, PHMSA adopts non-substantive
clarifications into the regulations for the general benefit of
regulated entities. Finally, the intended effect of this final rule is
to enhance accuracy and reduce misunderstandings of the regulations.
The amendments contained in this final rule are non-substantive changes
that do not impose new requirements such that solicitation of public
comment is unnecessary. Therefore, the final rule will be effective
January 20, 2021.
II. Clarifying the Use of the Term ``Movement'' Within the HMR
Throughout the HMR, the term ``movement'' is used to describe a
change in position or ``shifting'' of a package or its contents (i.e.,
inner packagings) in provisions that refer to handling or stowage on a
transport vehicle to protect against damage to the package during
transportation. However, ``movement'' is specifically defined in Sec.
171.8 as ``the physical transfer of a hazardous material from one
geographic location to another by rail car, aircraft, motor vehicle, or
vessel.'' In this context, use of the term ``movement'' is not
appropriate when prescribing requirements for the safe handling or
stowage of packages during transportation. Therefore, PHMSA is revising
each instance of ``movement'' to either ``shifting'' or--for Sec. Sec.
173.31, 174.67, 176.89--``motion'' where the intended meaning is a
change in position of the package or its contents rather than physical
transfer of the package to a different geographic location. These
changes are in the following sections:
172.102(c)(1) and (c)(3)--Special Provisions 384, 386, and B131(d);
173.3; 173.24; 173.31; 173.134; 173.150; 173.159; 173.166; 173.185;
173.219; 173.220; 173.222; 173.301b; 173.306; 173.308; 173.315; 174.67;
175.10, 176.89, 176.200; and 176.906.
III. Section-by-Section Review of Changes
In addition to the specific changes noted in Section II, the
following is a section-by-section summary of the minor editorial
corrections and clarifications made in this final rule. PHMSA is also
making minor technical corrections throughout the HMR to align cross-
references with current practice.
Part 106
The authority to transport hazardous materials (hazmat) under the
Federal Hazmat Transportation law is codified in 49 U.S.C. 5101 et seq.
(Federal hazmat law). Previously, the statutory authority for HMR part
106 only referenced 49 U.S.C. 5101 through 5127. PHMSA is revising the
referenced statutory authority for 49 CFR part 106 to include all
sections of the Federal hazmat law, 49 U.S.C. 5101 through 5128.
Additionally, PHMSA is updating the reference to its delegated
authority by deleting 49 CFR 1.53 and adding 49 CFR 1.81 and 1.97.
These changes accurately reference the sections in 49 CFR part 1 where
the Secretary delegates authority to the PHMSA Administrator.
Part 107
Section 107.117
This section provides emergency processing information. PHMSA is
updating the Federal Aviation Administration (FAA) office name and
contact information in Sec. Sec. 107.117(d)(1) and (d)(2).
Section 107.125
This section provides the criteria to submit an appeal to the
Associate Administrator. Section 107.125(a)(1) ends by repeating the
text of paragraph (a)(2). PHMSA is removing the repetitive text from
paragraph (a)(1). Specifically, the text ``(2) state in detail any
alleged errors of fact and law'' is removed.
Section 107.329
This section establishes the maximum civil penalty requirements for
violations of the Federal hazmat law. PHMSA created a new paragraph (c)
to this section in the final rule, ``Oil Spill Response Plans and
Information Sharing for High-Hazard Flammable Trains,'' 84 FR 6910
(Feb. 28, 2019). The final rule stated that ``[a]ny owner, operator, or
person found to have violated a response plan or provision of 33 U.S.C.
1321(j), or any regulation or order issued thereunder, is subject to an
administrative civil penalty under 33 U.S.C. 1321(b)(6), as adjusted by
40 CFR
[[Page 83367]]
19.4.'' However, paragraph (c) was inadvertently deleted in a
subsequent Department-wide final rule, ``Revisions to Civil Penalty
Amounts,'' 84 FR 37059 (Jul. 31, 2019), which was issued by the Office
of the Secretary in accordance with the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74,
129 Stat. 599, codified at 28 U.S.C. 2461 note. PHMSA is reinserting
paragraph (c) to correct for its inadvertent deletion.
Part 171
Section 171.8
This section contains definitions for terms used in the HMR. PHMSA
is revising the definition of ``reportable quantity'' to include a
reference to ``Appendix A'' to the Hazardous Materials Table (HMT) at
Sec. 172.101 and the specific table columns within Appendix A's
tables. The current definition refers to ``the appendix;'' however,
there are two appendices to the HMT: Appendix A, List of Hazardous
Substances and Reportable Quantities, and Appendix B, List of Marine
Pollutants. PHMSA now revises Sec. 171.8 to clarify that it references
``Appendix A'' to the HMT. Further, since Appendix A to the HMT
contains two tables that list reportable quantity in different column
locations, PHMSA is making clear in Sec. 171.8 that the reportable
quantity in Table 1 comes from Column 2 and the reportable quantity in
Table 2 comes from Column 3.
Section 171.16
This section provides the requirements for detailed hazardous
materials incident reports. PHMSA is revising and updating the FAA
office name and contact information. Specifically, in paragraph (b)(2),
the office name has changed from ``Security Field Office'' to
``Regional Office.'' In addition, the contact and website information
are included to make it easier to locate the nearest FAA Regional
Office.
Part 172
Section 172.101
This section contains the HMT and explanatory text for each of the
columns in the table. PHMSA makes corrections to the HMT information as
follows:
--In a final rule published January 19, 2011, HM-215K [76 FR 3308],
PHMSA amended ``UN1655, Nicotine compounds, solid, n.o.s. or Nicotine
preparations, solid, n.o.s.,'' by adding a ``G'' in Column (1).
However, there are now two table entries for ``UN1655,'' one with the
``G'' in Column (1) and one without. Because the entry for ``UN1655''
without the ``G'' and its assigned values was mistakenly added in the
HMT, PHMSA is removing the table entry without the ``G.'' Furthermore,
for the entry with the ``G'' in Column (1), PHMSA is revising the
proper shipping name to include a period at the end. As it reads
currently, there is no period at the end of the ``n.o.s'' for
``Nicotine preparations.''
--In a final rule published January 19, 2011, HM-215K [76 FR 3308], the
table entry for ``UN1810, Phosphorous oxychloride'' was amended to
harmonize with international regulations as a Division 6.1 primary
hazard material. The spelling of the hazardous material, ``Phosphorus
oxychloride'' was inadvertently changed to ``Phosphorous oxychloride.''
PHMSA is revising the spelling of the material back to ``Phosphorus
oxychloride'' for consistency with other phosphorus compounds listed in
the table, with international standards, and because the entry is
assigned a ``+'' in Column (1) which fixes the proper shipping to what
is listed in the table.
--For ``UN3291, Regulated medical waste, n.o.s. or Clinical waste,
unspecified, n.o.s. or (BIO) Medical waste, n.o.s., or Biomedical
waste, n.o.s. or Medical waste, n.o.s.,'' PHMSA is italicizing the
``or(s)'' in the hazardous materials description in Column (2) as the
proper shipping name was removed and replaced with the current name
featuring unitalicized ``or(s)'' in HM-215I [71 FR 78596], published
December 29, 2006. The word ``or'' is not part of the proper shipping
name and under Sec. 172.101(c)(2), an ``or'' in italics indicates that
there is a choice of proper shipping names.
--In a final rule published January 1, 2009, HM-215J [74 FR 2200],
PHMSA amended the HMT entry for ``UN1046, Helium, compressed,'' by
adding ``307'' to Column (8A) for reference to Sec. 173.307 packaging
exceptions for compressed gases, but the amendment contained formatting
errors and ``307'' is still not in Column (8A). Therefore, in this
final rule, PHMSA is adding ``307'' to Column (8A) for this table
entry.
--In a final rule published June 2, 2016, HM-218H [81 FR 35483], PHMSA
removed the packing group (PG) designation for ``NA0337, Toy Caps.''
However, in doing so, PHMSA inadvertently removed Special Provision
382, which was assigned to this entry in a final rule published on
January 21, 2016, HM-233F [81 FR 3636]. Therefore, PHMSA is adding
Special Provision 382 back to Column (7) for ``NA0337'' to correct the
error.
--In a final rule published June 21, 2001, HM-215D [66 FR 33316], PHMSA
amended the entry ``NA8001, Dangerous Goods in Machinery or Dangerous
Goods in Apparatus'' to read ``UN3363, Dangerous Goods in Machinery or
Dangerous Goods in Apparatus'' with a classification as a Class 9
hazard. However, PHMSA did not include a ``9'' for the label code in
Column (6) of the HMT, which reflects the hazard Class or Division
assigned in Column (3). Therefore, in the interest of clarity,
consistency, and to harmonize with international standards and
regulations, PHMSA is modifying this entry to reflect a Class 9 label
code. In addition, PHMSA is addressing a typo by removing a period
after the letter ``A'' in Column (10A).
--In a final rule published December 29, 1994, HM-215A [59 FR 67390],
the Research and Special Programs Administration (RSPA), PHMSA's
predecessor agency, added ``UN3252, Difluoromethane'' to the HMT with a
reference to ``302'' in Column (8B) for authorized non-bulk packaging.
This reference was an inadvertent transcription error and should have
instead referenced ``304.'' Section 173.302 outlines authorized
packaging and filling requirements for non-liquefied (permanent)
compressed or absorbed gases (e.g., Argon). However, ``UN3252,
Difluoromethane or Refrigerant gas R32'' is a liquefied compressed gas
and would therefore be subject to the packaging and filling
requirements found in Sec. 173.304 for liquefied compressed gases and
not the inapplicable requirements found in Sec. 173.302. Therefore,
PHMSA is correcting the table entry for ``UN3252'' to reflect ``304''
in Column (8B) and for consistency with other refrigerant gas entries
in the table that refer to ``304'' (e.g., Refrigerant gas R 404A).
Further, PHMSA is making the following minor edits to HMT entries
which include, but are not limited to, removing extra spaces, removing
or adding punctuations, and adding the correct unit of measure:
--For ``UN2672, Ammonia solution, relative density between 0.880 and
0.957 at 15 degrees C in water, with more than 10 percent but not more
than 35 percent ammonia,'' PHMSA is adding a space between ``5'' and
``L'' Column (9A) and between ``60'' and ``L'' in Column (9B).
[[Page 83368]]
--For ``UN1401, Calcium,'' PHMSA is adding a space between ``50'' and
``kg'' for the unit of measure in Column in (9B).
--For ``UN2240, Chromosulfuric acid,'' PHMSA is adding a space between
``0.5'' and ``L'' in Column (9A) and between ``2.5'' and ``L'' in
Column (9B).
--For ``UN2209, Formaldehyde solutions, with not less than 25%
formaldehyde,'' PHMSA is adding an ``L'' to indicate liters for the
unit of measure in Column (9B), which is consistent with the original
intent of the entry in final rule HM-215A [59 FR 67390], published
December 29, 1994.
--For ``UN3169, Gas sample, non-pressurized, toxic, n.o.s., not
refrigerated liquid,'' PHMSA is removing the letter ``D'' in Column
(10B) because it is not a code for vessel stowage or handling
requirements for Column (10B) under Sec. 176.84, but rather a stowage
location code meant for Column (10A) pursuant to Sec. 172.101(k).
--For ``UN2814, Infectious substances, affecting humans,'' PHMSA is
removing the space between ``UN'' and ``2814'' in Column (4).
--For ``UN1056, Krypton, compressed,'' PHMSA is revising the table
entry by shifting the information provided in the columns one column to
the right starting with Column (7) to reflect the table entry as
adopted in final rule HM-215J [73 FR 44804], published July 31, 2008.
The information provided in Columns (7) through (10A) was inadvertently
included in the wrong columns.
--For ``UN3002, Phenyl urea pesticides, liquid, toxic,'' PHMSA is
adding a comma between special provisions TP2 and TP27 in Column (7).
--For ``UN3352, Pyrethroid pesticide, liquid toxic, PGII,'' PHMSA is
adding a space between ``5'' and ``L'' in Column (9A) and between
``60'' and ``L'' in Column (9B); and for ``UN3352, Pyrethroid
pesticide, liquid toxic, PGIII,'' PHMSA is adding a space between
``60'' and ``L'' in Column (9A) and between ``220'' and ``L'' in column
(9B).
Section 172.102
PHMSA published a final rule, HM-215K [76 FR 3308] on January 19,
2011. In this final rule, PHMSA added and assigned to the entry
``UN1267, Petroleum crude oil,'' special provision 357 to clarify that
petroleum crude oil containing hydrogen sulfide in sufficient
concentration that vapors evolved from the crude oil can present an
inhalation hazard and must be transported under the entry ``Petroleum
sour crude oil, flammable, toxic, UN3494'' when transported
internationally. In addition, PHMSA added and assigned to the new HMT
entry ``UN3494, Petroleum sour crude oil, flammable, toxic,'' special
provision 343, which states that this HMT entry must be used for
petroleum crude oil containing hydrogen sulfide in sufficient
concentration that vapors evolved from the crude oil can present an
inhalation hazard when transported internationally. When the final rule
was published, PHMSA inadvertently left out specific language related
to sour crude oil for special provision 343 and because of the
omission, special provisions 343 and 357 contain duplicate language.
Special provision 343 is only assigned to ``Petroleum sour crude oil,
flammable, toxic,'' and so the reference to crude oil in that special
provision could only apply to sour crude oil. Therefore, for clarity,
PHMSA is revising special provision 343 to include a reference to
``sour crude oil.''
Section 172.202
This section provides the requirements for describing hazardous
materials on shipping papers. In Sec. 172.202(b), the old shipping
description sequence that started with the proper shipping name was
authorized for use until January 1, 2013. The authorized period of use
has ended and, therefore, PHMSA is removing the sunset provision from
the paragraph as only the new sequence beginning with the UN number
currently applies.
Section 172.322
This section provides the marking requirements for marine
pollutants. In the Sec. 172.322(e)(2)(i) introductory text, the U.S.
standard unit for the length of each side of the marking for marine
pollutants appearing after the metric unit is incorrectly converted to
``4'' inches. While U.S. standard units appearing in parenthesis are
for informational purposes and are not intended to be the regulatory
standard per Sec. 171.10(a), PHMSA is nonetheless correcting the
conversion so that it properly reads ``3.9'' inches for consistency
with the same conversion throughout the HMR (see e.g., Sec. Sec.
172.302(b)(1), 173.4a(g), 173.196(a)(3)). For the same reason, in Sec.
172.322(e)(2)(ii), PHMSA is correcting the U.S. standard unit to read
``9.8'' inches.
Section 172.330
This section provides the marking requirements for tank cars and
multi-unit tank car tanks. RSPA published a final rule on May 6, 1997,
HM-215B [62 FR 24690], which revised numerous proper shipping names in
the HMT by adding or removing the words ``compressed,'' ``inhibited,''
``liquefied,'' and ``solution'' for consistency with proper shipping
names used internationally, including removal of ``liquefied'' from the
proper shipping name for ``Ammonia, anhydrous.'' However, in Sec.
172.330(a)(1)(ii), the proper shipping name for ``Ammonia, anhydrous''
still contains the word ``liquefied.'' Therefore, for consistency with
the HMT, PHMSA is revising ``Ammonia, anhydrous, liquefied'' to read
``Ammonia, anhydrous.''
Section 172.400
This section provides the general labeling requirements for
packages. In a final rule published January 23, 2008, [73 FR 3874], the
U.S. Department of Health and Human Services (HHS) removed 42 CFR part
72. This part had governed the interstate shipment of etiologic agents
and was removed because DOT already had in effect a more comprehensive
set of regulations applicable to the transport in commerce of
infectious substances, resulting in the etiologic agent label specified
in the HHS regulations at 42 CFR 72.3 being discontinued. As such,
PHMSA is removing the footnote for the label name ``Infectious
Substance,'' which references the outdated etiologic agent label.
Section 172.446
This section describes the Class 9 label requirements for
miscellaneous hazardous materials. In a final rule published July 20,
2011, HM-218F [76 FR 43510], PHMSA revised the Class 9 label design
mandated in paragraph (a) by removing the horizontal line running
across the label at its midpoint that had been previously required to
harmonize with international standards and avoid delays or frustration
of shipments. This new labeling requirement was to go into effect on
August 19, 2011; however, to deplete existing stocks of labels with
this horizontal line, PHMSA provided in paragraph (c) that labels
meeting the requirements in effect before August 19, 2011 could
continue to be used until October 1, 2014. That transition period has
since expired. Furthermore, in paragraph (b), PHMSA provided the option
of using a solid horizontal line dividing the lower and upper half of
the label consistent with the transition period specified in paragraph
(c) of this section. However, with the expiration of the transition
period, the solid line is no longer optional or allowed. Therefore, in
this rule, PHMSA is deleting the last
[[Page 83369]]
sentence in Sec. 172.446(b), which indicated the solid line was
optional for consistency and to avoid confusion, and PHMSA is removing
the paragraph (c) transition period.
Section 172.800
This section prescribes the requirements for development and
implementation of plans to address security risks related to the
transportation of hazardous materials in commerce. In Sec. 172.800(b),
PHMSA is revising paragraphs (b)(1) through (b)(14) by replacing the
semicolons at the end of each paragraph with periods as each is a
standalone criterion for being subject to security plan requirements.
Part 173
Section 173.27
This section provides the general requirements for transportation
by aircraft. PHMSA is removing reference to the effective date of
October 1, 2006 associated with the certification statement requirement
in Sec. 173.27(i) because that date has passed. For the limited
quantity combination package provisions found in Sec.
173.27(f)(2)(ii), PHMSA is removing the effective date of January 1,
2012, for packages to be marked with the limited quantity ``Y'' mark
prescribed in Sec. 172.315 when conforming to Table 3 of Sec.
173.27(f)(3). PHMSA is also removing the transition dates allowing a
package to be marked with the proper shipping name ``Consumer
commodity'' and ``ORM-D-AIR'' \1\ (including ``Charcoal, NA1361) if it
contains a consumer commodity. The effective dates and transition
period have since passed and, therefore, PHMSA is removing these dates
from Sec. 173.27.
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\1\ ORM-D-Air (other regulated materials for domestic
transportation by air only) is an outdated marking reference that
will be phased out December 31, 2020 in accordance with final rule
HM-215K [78 FR 1101].
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Section 173.29
This section provides exceptions and requirements for empty
packagings. In a final rule published January 7, 2013, HM-215K [76 FR
3308], PHMSA adopted the new limited quantity provisions and the
eventual phase out of the ORM-D hazard class to provide much of the
same regulatory relief to limited quantities as was applied to consumer
commodity ORM-D material (i.e., shipping papers, marking, packaging).
Empty packagings of ORM-D material containing only the residue of a
hazardous material are excepted from the HMR. However, PHMSA did not
make this exception specifically applicable to empty packagings
containing limited quantity material. PHMSA is accordingly revising
Sec. 173.29(b)(2)(iv)(A) to include ``a limited quantity or an ORM-D
material.''
Section 173.62
This section provides the specific packing requirements for
explosives. In a recent final rule published January 21, 2016, HM-233F
[81 FR 3636], PHMSA modified Packing Instruction 139 in the paragraph
(c) Table of Packing Methods to adopt special permit DOT-SP 12335. The
adoption of the special permit allowed for detonating cord to be packed
without sealed ends. However, in making this change, PHMSA
inadvertently removed the list of authorized inner and outer packagings
for Packing Instruction 139. Therefore, PHMSA is amending Packing
Instruction 139 to include the list of inner and outer packagings
previously authorized. Further review led to discovery of other errors
or sources of confusion, such as the packing method for outer
packagings in Packing Instruction 130, which is formatted incorrectly
due to inaccurate spacing. PHMSA is making technical revisions to the
table throughout to correct formatting issues, harmonize inconsistent
language, eliminate any possible confusion, and aid in ease of
understanding by the reader of what types of inner, intermediate, and
outer packagings are authorized.
Section 173.121
This section provides the requirements for Class 3 assignment of
packing groups. PHMSA is removing paragraph (c) because the transition
deadline of January 1, 2012 has passed.
Section 173.134
This section provides definitions and exceptions for Class 6,
Division 6.2 hazardous materials. PHMSA is correcting the authority
citation of the Food, Drug, and Cosmetic Act to read ``21 U.S.C. 301 et
seq.'' in Sec. Sec. 173.134(b)(7) and 173.134(b)(16). PHMSA is also
revising the term ``Agricultural products and food'' found in Sec.
173.134(b)(16) to read ``A raw agricultural commodity'' consistent with
the statutory definition in 21 U.S.C. 321. The term ``product'' is not
defined at 21 U.S.C Sec. 321 and, therefore, is an ambiguous term,
which may cause confusion when considering applicability of the
exception.
Section 173.150
This section provides exceptions for Class 3 (flammable and
combustible liquids). In a final rule published November 7, 2018, HM-
219A [83 FR 55792], PHMSA converted the measurements in paragraphs
(g)(1)(iii) and (g)(2)(iii) from U.S. standard units to the
International Standard of Units. In doing so, however, PHMSA did not
round to the nearest whole number as is done in the rest of the HMR
(see e.g., Sec. Sec. 173.151(b), 173.152(b), and 173.153(b)).
Accordingly, in paragraphs (g)(1)(iii) and (g)(2)(iii), the unit of
measurement for ``14.9 kilograms'' and ``29.9 kilograms'' is being
rounded to read ``15 kilograms'' and ``30 kilograms'' to be consistent
with other references to this unit of measurement and conversion in the
HMR.
Section 173.156
This section provides exceptions for limited quantity and ORM-D. In
the section title, PHMSA inadvertently omitted the hyphen and the
letter ``D'' in ``ORM;'' therefore, PHMSA is revising the section title
to correct this error.
Section 173.176
This section provides requirements specific to capacitors. In Sec.
173.176(g), PHMSA inadvertently left out the word ``subject'' in the
sentence. PHMSA is therefore revising the paragraph to add the word
``subject'' following ``more than 20 Wh are'' to communicate the
meaning of the paragraph requirements.
Section 173.197
This section provides requirements for regulated medical waste
(RMW). These include requirements for non-bulk packagings used as
sharps containers of RMW (Sec. 173.197(b)), large packagings with an
inner packaging used as sharps containers of RMW (Large Packagings)
(Sec. 173.197(c)), and wheeled carts (Carts) or bulk outer packagings
(BOPs) with an inner packaging used as sharps containers of RMW (Sec.
173.197(d)(1)(i)). Paragraph (e) of Sec. 173.197 requires sharps
packagings for Large Packagings, Carts, or BOPs to be capable of
meeting the requirement in 49 CFR part 178, subpart M ``Testing of Non-
bulk Packagings and Packages,'' at the packing group II (PG II) level.
Section 178.600 states that 49 CFR part 178, subpart M prescribes
certain testing requirements for performance-oriented packagings
identified in 49 CFR part 178, subpart L ``Non-bulk Performance-
Oriented Packaging Standards.''
The tests and packagings prescribed in the HMR are authorized for
non-bulk packagings only. Therefore, the HMR effectively limits the
size of sharps
[[Page 83370]]
containers to non-bulk by relying on the testing requirements in 49 CFR
part 178, subpart M. Recently, PHMSA has received inquiries from
regulated entities asking if they can test bulk sharps packagings using
the non-bulk PG II test and place these bulk sharps packagings in Large
Packagings, Carts, or BOPs. In response to these inquiries, PHMSA is
amending this section to clarify that such testing is not consistent
with the HMR. PHMSA is revising the introductory text in Sec.
173.197(e)(3) to state explicitly that only non-bulk sharps packagings
may be transported in a Large Packaging, Cart, or BOP.
Furthermore, in the Sec. 173.197(e) introductory text, PHMSA is
deleting the transition date of ``After September 30, 2003'' as the
date has passed.
Finally, PHMSA inadvertently included duplicate language in Sec.
173.197(e)(2). PHMSA is removing the second occurrence of ``conforming
to the provisions of subpart B of this part.''
Section 173.199
This section provides the provisions for Category B infectious
substances. In this final rule, PHMSA is providing clarity on Sec.
173.199(a)(7). These requirements provide the name and telephone number
of a person who is either knowledgeable about the material being
shipped and has comprehensive emergency response and incident
mitigation information for the material or who has immediate access to
a person who possesses such knowledge and information on a written
document or on the outer packaging. The paragraph (a)(7) requirements
were first introduced in a NPRM published May 19, 2005 [70 FR 29170] as
part of a harmonization effort with the 2005-2006 International Civil
Aviation Organization Technical Instructions on the Transportation of
Dangerous Good by Air (ICAO Technical Instructions), which require a
telephone number of a person knowledgeable about the material be
provided.
One commenter to the NPRM expressed concern at the potential costs
of monitoring a telephone number while a shipment was in transit. In
the final rule published June 2, 2006, HM-226A [71 FR 32244], PHMSA
clarified that its harmonization effort would not require that the
telephone number be monitored at all times the hazardous material is in
transportation, because that would be unduly burdensome, but that PHMSA
did intend it to be monitored during a company's administrative office
hours. Therefore, PHMSA is amending language in Sec. 173.199(a)(7) to
clarify the parameters of monitoring the required telephone number
consistent with the preamble of HM-226A.
Section 173.301
This section provides the general requirements for shipments of
compressed gases and other hazardous materials in cylinders, United
Nations (UN) pressure receptacles, and spherical pressure vessels.
On November 7, 2018, PHMSA published final rule HM-219A [83 FR
55792] responding to numerous petitions for rulemakings, including
petition P-1641, which requested changes to cylinder valve
requirements. In the final rule, PHMSA added Sec. 173.301(a)(11) to
require cylinder valves to comply with the Compressed Gas Association
(CGA) publication V-9, ``Compressed Gas Association Standard for
Compressed Gas Cylinder Valves'' (2012 edition). However, CGA V-9 is
limited in scope and does not apply to cylinder valves used with
certain cylinders, such as valves used with nonrefillable cylinders
(e.g., DOT 39). In issuing the HM-219A final rule, PHMSA intended for
the cylinder valve requirements in paragraph (a)(11) to apply only to
cylinder valves within CGA V-9's scope. It is otherwise impractical for
CGA V-9 standards to apply to types of valves excluded from coverage in
V-9. Therefore, PHMSA is amending paragraph (a)(11) to clarify that
cylinder valves must comply with the applicable requirements in CGA V-9
and that the standard applies only to those cylinder valve types
addressed in CGA V-9.
In addition, Sec. 173.301(f)(3) currently incorrectly references a
``3AXX'' specification cylinder as an authorized cylinder. There is no
such specification standard in 49 CFR part 178, but rather a
specification for a ``3AAX'' cylinder, as found in Sec. 178.37. PHMSA
is revising the incorrect reference to read ``3AAX.'' PHMSA is also
deleting the transitional provision associated with the first
requalification due after December 31, 2003, because sufficient time
has passed to ensure all specification cylinders have been requalified.
The longest possible requalification for any of these specification is
12 years (see Sec. 180.209).
Section 173.304a
This section provides additional requirements for shipments of
liquefied compressed gases in specification cylinders. On June 13,
2005, PHMSA published final rule HM-218C [70 FR 34066] adopting
miscellaneous amendments including removal of references in the Sec.
173.304a(a)(2) table to DOT 4, 4A, 9, 38, 40, and 41 specification
cylinders that were no longer authorized or part of the HMR. In the HM-
218C final rule, PHMSA accordingly removed the phrase ``DOT-4A480''
from the entry ``Hydrogen sulfide,'' as a DOT-480 is a ``4A'' with a
specific service pressure rating. The HM-218C final rule also meant to
remove DOT-4A, but ``DOT-4A'' is still listed in the table for
``Hydrogen sulfide;'' therefore, PHMSA is removing it from the list of
authorized DOT specification cylinders for ``Hydrogen sulfide.'' In
addition, Note 14, which authorized the use of a DOT specification
cylinder with a marked service of 480 psi until December 31, 2003, was
only assigned to ``Hydrogen sulfide'' in the Sec. 173.304a(a)(2)
table; since the transition date of December 31, 2003 has passed, PHMSA
is removing the note.
Section 173.307
This section provides exceptions for compressed gases. In a final
rule published January 14, 2009, HM-215J [74 FR 2199], PHMSA amended
Sec. 173.307(a)(5) to except manufactured articles or apparatuses
meeting certain conditions from the requirements of the HMR. The
conversion factor of limiting the amount of gas per package to 1 gram
(0.35 ounce) is incorrect. PHMSA is revising the customary unit to read
``0.035 ounce.''
Section 173.314
This section provides the requirements for compressed gases in tank
cars and multi-unit tank cars. In response to a Notice of Proposed
Rulemaking (NPRM) [80 FR 3787] published January 23, 2015, PHMSA
received comments from the National Propane Gas Association (NPGA) to
clarify the use of the term ``offeror'' and ``shipper'' in Sec.
173.314(h)(2) because they believed this paragraph creates confusion by
suggesting the terms have different meanings. In the HMR, the terms
``shipper'' and ``offeror (person who offers)'' are synonymous and
often used interchangeably. In Sec. 173.314(h)(2) introductory text,
PHMSA is replacing the word ``shipper'' with ``offeror'' to clarify
that the responsibility for compliance with the odorant fade prevention
requirements for liquefied petroleum gas applies to the person who
offers the material into transportation. Since ``offeror'' is
specifically defined in Sec. 171.8 (whereas ``shipper'' is not defined
in that provision), PHMSA is using only the term ``offeror'' in
paragraph (h)(2) for clarity.
Section 173.315
This section provides the requirements for compressed gases in
[[Page 83371]]
cargo tanks and portable tanks. In Sec. Sec. 173.315(a)(2) and (h)
tables, there are instances where the word ``do'' is listed in the
respective tables without a clear understanding of what the word
represents. For purposes of this section, PHMSA is clarifying that the
word ``do'' is an abbreviation of the word ``ditto'' meaning ``same as
above.''
Additionally, as discussed for Sec. 173.314 above, the NPGA asked
PHMSA to clarify the use of the term ``offeror'' and ``shipper'' in
Sec. 173.315(b)(2) because they believed this paragraph creates
confusion by suggesting the terms have different meanings. In the HMR,
the terms ``shipper'' and ``offeror (person who offers)'' are
synonymous and often used interchangeably. In Sec. 173.315(b)(2)
introductory text, PHMSA is replacing the word ``shipper'' with
``offeror'' to clarify that the responsibility for compliance with the
odorant fade prevention requirements for liquefied petroleum gas
applies to the person who offers the material into transportation.
Since ``offeror'' is specifically defined in Sec. 171.8, unlike
``shipper,'' in this instance, PHMSA is using only the term ``offeror''
in paragraph (b)(2) for clarity.
Section 173.335
This section provides the requirements for chemicals under
pressure. In the second sentence of Sec. 173.335(a), cylinders filled
with a chemical under pressure must be offered for transportation in
accordance with the requirements of this section and Sec. 172.301. The
reference to Sec. 172.301 is incorrect because it refers to Part 172
general marking requirements for non-bulk packagings rather than Part
173 general packaging requirements for shipments of compressed gases in
Sec. 173.301. PHMSA is therefore revising the reference to read Sec.
173.301. Furthermore, PHMSA is moving the exception that these
materials are not subject to the cylinder valve cap requirements in
Sec. Sec. 173.301(a)(11) and (12) that was placed at the end of
paragraph (a) up in the paragraph to be associated with the reference
to Sec. 173.301 for greater ease of understanding.
Section 173.415
This section provides requirements for authorized Type A packages
for radioactive materials. In paragraph (a), until January 1, 2017, the
HMR required an offeror of a Specification 7A package to maintain on
file complete documentation of tests, engineering evaluations or
comparative data showing construction methods, packaging designs, and
construction materials complying with 7A specification requirements for
at least one year from the latest shipment and to provide this to DOT
upon request. After January 1, 2017, the offeror is subject to a two-
year documentation requirement under one of two options specified in
paragraphs (a)(1) and (a)(2). Because January 1, 2017, has passed,
PHMSA is revising Sec. 173.415(a) introductory text to remove the
language associated with requirements prior to January 1, 2017, to
avoid any confusion on applicability.
Section 173.435
This section provides the table for A1 and A2
values for radionuclides. On March 10, 1983, RSPA published final rule
HM-169 [48 FR 10218], which changed the requirements for the
transportation of radioactive materials by harmonizing the HMR with
international regulations from the International Atomic Energy Agency
(IAEA). These changes provided A1 and A2 values
for radionuclides in a table along with their respective specific
activities in Curie/gram (Ci/g). The final rule provided the standard
textbook specific activity for natural rubidium, listed as Rb (nat), as
1.8 x 10-8 Ci/g. On November 14, 1989, RSPA published an
NPRM [54 FR 47454] under Docket HM-169A, proposing to expand the
radionuclide list and include both Ci/g and TeraBequerel/gram (TBq/g)
as units of measure for specific activity. These changes were in part
due to the IAEA modifying its system for determining A1 and
A2 values. Among the proposed changes, RSPA included an
error for the specific activity of Rb (nat) in Ci/g with a positive
exponent instead of a negative exponent. This led to PHMSA incorrectly
converting to a value of 6.7 x 10\6\ for TBq/g). Thus, this error was
codified under final rule HM-169A [60 FR 50292], published September
28, 1995, inaccurately stating a specific activity of 1.8 x 10\8\ Ci/g
(6.7 x 10\6\ TBq/g). To correct this publication error and state the
standard textbook values for natural rubidium, PHMSA is revising the
specific activity information in the table in TBq/g and Ci/g for Rb
(nat) to 6.7 x 10-10 TBq/g and 1.8 x 10-8 Ci/g,
respectively.
Part 174
Section 174.67
This section provides rules for tank car unloading. In the second
sentence of Sec. 174.67(a)(3), PHMSA is revising a typographical error
by replacing the phrase ``or other equipment that provides and
equivalent level of safety'' with ``or other equipment that provides an
equivalent level of safety.''
Part 175
Section 175.31
This section provides the requirements of reporting discrepancies
for hazardous materials shipments. In Sec. 175.31(a), PHMSA is
updating the FAA contact information and including an electronic means
of submitting the information to the FAA, which currently can be done
at http://www.faa.gov/hazmat/air_carriers/report_incident/.
Section 175.75
This section provides the requirements for quantity limitations and
cargo locations on aircraft. PHMSA is clarifying that in the context of
Sec. 175.75(e)(3)(i), ``FAA Inspector'' means an ``FAA Flight
Standards Inspector.''
Section 175.630
This section provides special requirements for Division 6.1
(poisonous) material and Division 6.2 (infectious substances) material
by aircraft. In a final rule published January 8, 2015, HM-215M [80 FR
1075], PHMSA removed the segregation requirements for Division 6.1 and
6.2 hazardous materials based on the amendments to the 2013-2014 ICAO
Technical Instructions. The final rule deleted and reserved paragraph
(a) but did not make a subsequent amendment to Sec. 175.630(b) to
address the reference to the now deleted paragraph (a). Therefore,
PHMSA is revising Sec. 175.630(b) to delete the last sentence thereby
removing the outdated reference to reserved paragraph (a).
Part 177
Section 177.854
This section provides the requirements for disabled motor vehicles
and broken or leaking packages as well as repairs. In Sec.
177.854(c)(2), PHMSA authorizes packages of hazardous materials that
are damaged or found leaking during transportation and hazardous
materials that have spilled or leaked during transportation to be
forwarded to their destination or returned to the shipper in a salvage
drum in accordance with the requirements in Sec. 173.3(c). PHMSA
published final rules HM-233 [70 FR 3302; January 24, 2005] and HM-215M
[80 FR 1075; January 8, 2015], which amended Sec. 173.3(d) to allow
for salvage cylinders and amended Sec. 173.3(f) to allow for shipments
of large salvage packagings, respectively. Since both
[[Page 83372]]
salvage cylinders and large salvage packagings are now authorized when
packagings of hazardous materials are found to be damaged or leaking,
PHMSA is revising Sec. 177.854(c)(2) to reference Sec. 173.3 for
authorized salvage packaging.
Part 178
Section 178.338-10
This section provides the requirements for accident damage
protection. Section 178.338-10(c)(2) addresses the rear-end tank
protection for MC-338 specification cargo tank motor vehicles
specifically. An MC-338 cargo tank must conform to the requirements
found in Sec. 178.345-8(d). However, Sec. 178.338-10(c)(2) references
Sec. 178.345-8(b) inadvertently. Therefore, PHMSA is revising Sec.
178.338-10(c)(2) to include the correct reference to Sec. 178.345-
8(d).
Section 178.345-8
This section provides the requirements for cargo tank motor vehicle
accident damage protection. Section 178.345.8(b)(1) discusses
specifically the bottom damage protection device and the ability to
withstand a force of 155,000 pounds (based on ultimate strength of the
material) from the front, side, or rear, distributed uniformly over
each surface of the device. To eliminate confusion on the intent of the
requirement, PHMSA is revising the first sentence of the paragraph by
adding ``applied in each direction of the device'' and removing ``over
each surface'' from the sentence.
Part 179
Section 179.201-6
This section provides the requirements for manways and manway
closures on non-pressure rail tank cars. Based on historical review of
the HMR, a typographical error discovered in paragraphs (b) and (c)
regarding Specification DOT-111 tank cars was never corrected. These
paragraphs reference a DOT 11A specification and no such specification
exists in the HMR. PHMSA is revising references to ``DOT 11A'' to read
``DOT 111A'' in each instance it occurs in Sec. 179.201-6. Also, in
paragraph (a), PHMSA is deleting dashes from some of the listed
specifications; in paragraph (b), PHMSA is adding the phrase ``A
manway'' before the word ``cover'' for clarity; and in paragraph (c),
PHMSA is revising ``111360W7'' to read ``111A60W7'' as no ``111360W7''
tank car specification exists nor is authorized.
Section 179.202-13
This section provides retrofit standard requirements for
specification DOT-117R rail tank cars. Based on a review of the HMR, a
typographical error was discovered in paragraphs (h)(1) regarding
specification DOT-117R tank cars. This paragraph states that top
fittings must be located inside a protective housing not less than 12
inches in thickness. PHMSA made this error in final rule HM-251C [81 FR
53935; August 15, 2016]. In that rule, PHMSA intended to codify Section
7306(a) of the Fixing America's Surface Transportation (FAST) Act (Pub.
L. 114-94), which mandated fittings on specification DOT 117R tank cars
to be located inside a protective housing not less than \1/2\-inch in
thickness. The erroneous language of ``12-inch-thickness'' was never an
acceptable requirement. Therefore, PHMSA is revising this section to
``\1/2\-inch-thickness'' to be consistent with the FAST Act's
requirement.
Part 180
Section 180.407
This section provides the requirements for test and inspection of
specification cargo tanks. Section 180.407(b)(1), (d)(5), and (e)(3)
provide the requirements for thickness testing of corroded or abraded
areas that might render it unsafe for hazardous materials service.
These paragraphs only provide a reference to the minimum thickness
standard for MC 300 series cargo tanks (except for MC 331) found in
paragraph (i)(5). Minimum thickness standards for MC 331 cargo tanks
and DOT 400 series cargo tanks are found in paragraphs (i)(9) and
(i)(10). To assist with ease of understanding, PHMSA is revising
Sec. Sec. 180.407(b)(1), (d)(5), and (e)(3) to also include reference
to paragraphs (i)(9) and (i)(10).
Additionally, in final rule HM-219A [83 FR 55792; November 7,
2018], for changes made to Table 1 to paragraph (g)(1)(iv), PHMSA made
a copy-editing error in the second column of the first row and carried
over inadvertently the phrase ``or 1.5 times the maximum allowed
working pressure (MAWP), whichever is greater'' mirroring the other
column entries. In the June 30, 2016, NPRM [81 FR 42609], PHMSA
proposed that the provision would read, ``the test pressure on the name
plate or specification plate, 20.7 kPa (3 psig) or design pressure,
whichever is greater.'' No commenters provided comment on this
provision, and PHMSA intended to keep the language as proposed in the
NPRM when it published the HM-219A final rule. The change occurred
erroneously when PHMSA sought to respond to a comment by the Truck
Trailer Manufacturers Association (TTMA) over a minor error in the DOT
412 entry to Table 1 in paragraph (g)(1)(iv). As the DOT 412 entry in
the NPRM read, ``[t]he test pressure on the name plate or specification
plate, 1.5 times the MAWP,'' TTMA believed that this should read:
``[t]he test pressure on the name plate or specification plate, or 1.5
times the MAWP, whichever is greater.'' In making this change to the
DOT 412 entry, however, PHMSA made this same change to the first row of
Table 1 in paragraph (g)(1)(iv) inadvertently. Therefore, PHMSA is
correcting this inadvertent error in this final rule. Also, PHMSA is
revising the last sentence in paragraph (g)(1)(iv) to replace the
phrase ``identified in Table 1 to paragraph (g)(1)(iv)'' with the
phrase ``identified in the following table'' for further clarity.
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This final rule is published under the authority of the Federal
hazmat law 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 hazmat law to the PHMSA Administrator at Sec. 1.97. This final
rule amends twelve parts of the HMR, to correct mailing addresses,
grammatical and typographical errors, and improve the clarity of
certain provisions.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 (``Regulatory Planning and
Review'') \2\ and, therefore, was not reviewed by the Office of
Management and Budget. Nor is this final rule considered a significant
rulemaking under the DOT rulemaking procedures at 49 CFR part 5.
---------------------------------------------------------------------------
\2\ 58 FR 51735, (Oc. 4, 1993).
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Executive Order 12866 requires agencies to regulate in the ``most
cost-effective manner,'' to make a ``reasoned determination that the
benefits of the intended regulation justify its costs,'' and to develop
regulations that ``impose the least burden on society.'' Similarly, DOT
regulations require that regulations issued by PHMSA and other DOT
Operating Administrations ``should be designed to minimize burdens and
[[Page 83373]]
reduce barriers to market entry whenever possible, consistent with the
effective promotion of safety'' and should generally ``not be issued
unless their benefits are expected to exceed their costs.'' Sec.
5.5(f)-(g).
This final rule does not impose new burdens as the amendments
contained in this final rule are non-substantive changes that do not
impose new requirements for hazardous materials shippers or carriers.
Therefore, it is not necessary to prepare a regulatory impact analysis.
C. Executive Order 13771
This final rule is not a regulatory action under Executive Order
13771 (``Reducing Regulation and Controlling Regulatory Costs'') \3\
because it is not a significant regulatory action as defined by
Executive Order 12866.
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\3\ 82 FR 9339 (Feb. 24, 2017).
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D. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 13132 (``Federalism'') \4\ and the
President's 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.''
---------------------------------------------------------------------------
\4\ 64 FR 43255 (Aug. 10, 1999).
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The HMR amendments in this final rule are non-substantive changes
that do not impose any new requirements and will not have 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. Nor do the HMR
amendments in this final rule impose direct compliance costs on State
and local governments. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
E. Executive Order 13175
This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments'') \5\ and DOT Order
5301.1, ``Department of Transportation Policies, Programs, and
Procedures Affecting American Indians, Alaska Natives, and Tribes.''
Executive Order 13175 and DOT Order 5301.1 require DOT Operating
Administrations 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.
---------------------------------------------------------------------------
\5\ 65 FR 67249 (Nov. 9, 2000).
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This final rule neither imposes direct compliance costs on Tribal
communities, nor has a substantial direct effect on those communities.
Therefore, the funding and consultation requirements of Executive Order
13175 and DOT Order 5301.1 do not apply.
F. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies
and Procedures
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
agencies to review regulations to assess their impact on small entities
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. There are
no costs to small entities associated with this final rule. This final
rule makes non-substantive changes that do not impose new requirements;
thus, there are no direct or indirect adverse economic impacts for
small units of government, businesses, or other organizations.
Consequently, PHMSA certifies that this final rule does not have a
significant economic impact on a substantial number of small entities.
G. Unfunded Mandates Reform Act
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq.). It does
not result in costs of $100 million ($164 million as of 2019 when
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.
H. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
no person is required to respond to any information collection unless
it has been approved by OMB and displays a valid OMB control number.
Section 1320.8(d) of 5 CFR requires that PHMSA provide interested
members of the public and affected agencies an opportunity to comment
on information and recordkeeping requests. There are no new information
collection requirements in this final rule.
I. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321 et seq.), and implementing regulations by the Council
on Environmental Quality (40 CFR part 1500) require Federal agencies to
consider the consequences of Federal actions and prepare a detailed
statement on actions that significantly affect the quality of the human
environment. DOT Order 5610.1C, ``Procedures for Considering
Environmental Impacts,'' establishes departmental procedures for
evaluation of environmental impacts under NEPA and its implementing
regulations.
The purpose of this final rule is to introduce non-substantive
changes that do not impose new requirements. The intended effect of
this rule is to enhance the accuracy and reduce misunderstandings of
the regulations. Therefore, PHMSA has determined that the
implementation of this final rule will not have a significant impact on
the quality of the human environment.
J. 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.
K. Executive Order 13609 and International Trade Analysis
Under Executive Order 13609, ``Promoting International Regulatory
Cooperation,'' [77 FR 26413; May 4, 2012] agencies must consider
whether the impacts associated with significant variations between
domestic and international regulatory approaches are unnecessary or may
impair the ability of American business to export and compete
internationally. In meeting shared challenges involving health, safety,
labor, security, environmental, and other issues, international
regulatory cooperation can identify approaches that are at least as
protective as those that are or would be adopted in the absence of such
cooperation. International regulatory cooperation can also reduce,
eliminate, or prevent unnecessary differences in regulatory
requirements.
Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by
[[Page 83374]]
the Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. For purposes of these requirements, Federal agencies
may participate in the establishment of international standards, so
long as the standards have a legitimate domestic objective, such as
providing for safety, and do not operate to exclude imports that meet
this objective. The statute also requires consideration of
international standards and, where appropriate, that they be the basis
for U.S. standards.
PHMSA participates in the establishment of international standards
in order to protect the safety of the American public. PHMSA has
assessed the effects of the final rule to ensure that it does not cause
unnecessary obstacles to foreign trade. The amendments contained in
this rule are non-substantive changes and do not impose new
requirements. Further, insofar as many of the amendments introduced by
the final rule improve the clarity of the HMR for regulated entities,
or better align the HMR with international (e.g., IAEA) standards, the
final rule could reduce barriers to international trade. Therefore,
this final rule does not present an obstacle to international trade.
List of Subjects
49 CFR Part 106
Administrative practice and procedure, Hazardous materials
transportation.
49 CFR Part 107
Administrative practice and procedure; Hazardous materials
transportation; Packaging and containers; Penalties; Reporting and
recordkeeping requirements.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Reporting and recordkeeping requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Labeling, Packaging and containers, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 174
Hazardous materials transportation, Incorporation by reference,
Radioactive materials, Railroad safety, Railroads, Reporting and
recordkeeping requirements, Security measures.
49 CFR Part 175
Air carriers, Hazardous materials transportation, Incorporation by
reference, Radioactive materials, Reporting and recordkeeping
requirements.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 177
Hazardous materials transportation, Motor carriers, Radioactive
materials, 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, 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, 49 CFR chapter I is amended as
follows:
PART 106--RULEMAKING PROCEDURES
0
1. The authority citation for part 106 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
0
2. The authority citation for part 107 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 Section
4; 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; 33 U.S.C. 1321.
0
3. Amend Sec. 107.117 by revising paragraphs (d)(1) and (2) to read as
follows:
Sec. 107.117 Emergency Processing.
* * * * *
(d) * * *
(1) Certificate-Holding Aircraft: The Federal Aviation
Administration (FAA) Director, Office of Hazardous Materials Safety is
responsible for the aircraft operator's hazardous materials safety
program. The Director, Office of Hazardous Materials Safety, may be
reached by calling the FAA Washington Operations Center at 202-267-3333
(any hour), or visiting FAA's website.
(2) Noncertificate-Holding Aircraft (Those Which Operate Under 14
CFR part 91): The Federal Aviation Administration (FAA) Regional Office
that serves the place where the flight will originate. The nearest
Regional Office may be located by calling the FAA Washington Operations
Center at 202-267-3333 or visiting FAA's website.
* * * * *
0
4. Amend Sec. 107.125 by revising paragraph (a)(1) to read as follows:
Sec. 107.125 Appeal.
(a) * * *
(1) Be in writing or by electronic means and filed within 30 days
of receipt of the Associate Administrator's decision on
reconsideration;
* * * * *
0
5. Amend Sec. 107.329 by adding paragraph (c) to read as follows:
Sec. 107.329 Maximum penalties.
* * * * *
(c) Any owner, operator, or person found to have violated a
response plan or provision of 33 U.S.C. 1321(j), or any regulation or
order issued thereunder, is subject to an administrative civil penalty
under 33 U.S.C. 1321(b)(6), as adjusted by 40 CFR 19.4.
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
6. 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
7. Amend Sec. 171.8 by revising the definition of ``Reportable
quantity (RQ)'' to read as follows:
Sec. 171.8 Definitions and Abbreviations.
* * * * *
Reportable quantity (RQ) for the purposes of this subchapter, means
the quantity specified in Column 2 of Table 1 or Column 3 of Table 2 of
Appendix A to Sec. 172.101 for any material identified in Column 1 of
the tables.
* * * * *
[[Page 83375]]
0
8. Amend Sec. 171.16 by revising paragraph (b)(2) to read as follows:
Sec. 171.16 Detailed hazardous materials incident reports.
* * * * *
(b) * * *
(2) For an incident involving transportation by aircraft, submit a
written or electronic copy of the Hazardous Materials Incident Report
to the Federal Aviation Administration (FAA) Regional Office nearest
the location of the incident. The nearest FAA Regional Office may be
located by calling the FAA Washington Operations Center at 202-267-3333
(any hour) or visiting FAA's website; and
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
9. 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
10. In Sec. 172.101, the Hazardous Materials Table is amended by
removing the entries under ``[REMOVE],'' by adding the entries under
``[ADD],'' and revising the entries under ``[REVISE]'' in the
appropriate alphabetical order to read as follows:
Sec. 172.101 Purpose and use of hazardous materials table.
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0
11. In Sec. 172.102, in paragraph (c)(1), revise special provisions
343, 384, 386, and in paragraph (c)(3), revise special provision B131
to read as follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(1) * * *
343 A bulk packaging that emits hydrogen sulfide in sufficient
concentration that vapors evolved from the sour crude oil can present
an inhalation hazard must be marked as specified in Sec. 172.327.
* * * * *
384 For green graphite electrodes and shapes that are large single
component solid objects not subject to shifting, transport in open rail
flat cars, open bed motor vehicles, and intermodal containers is also
authorized. The objects must be secured to the flat car, motor vehicle,
intermodal container, or unitized by steel banding to wooden runners or
pallets and the units secured to the flat car, motor vehicle, or
freight container to prevent shifting, including relative motion
between the objects, under conditions normally incident to
transportation. Stacking is permitted two or more levels high to
achieve maximum allowable utilization of the designated vehicle, rail
car weight, or intermodal freight container weight or vessel hold
volume.
* * * * *
386 When transported by private motor carrier only, the following
corrosive liquids may be packaged in polyethylene bottles with a
capacity no greater than 3.785 L (one gallon), further packed inside an
open-top, heavy wall, high density polyethylene box (i.e., crate) in a
manner that the polyethylene bottles are not subjected to any
superimposed weight, and the boxes must be reasonably secured against
shifting within the transport vehicle and loaded so as to minimize the
possibility of coming in contact with other lading:
Compounds, cleaning liquid, NA1760, PG II or III;
Corrosive liquid, acidic, inorganic, n.o.s., UN3264, PG II;
Corrosive liquid, acidic, organic, n.o.s., UN3265, PG III;
Corrosive liquid, basic, inorganic, n.o.s., UN3266, PG II;
Hypochlorite solutions, UN1791, PG III;
Hydrochloric acid solution, UN1789, PG II; and
Sulfuric acid, UN2796, PG II.
a. No more than four bottles, securely closed with threaded caps,
may be packed in each box.
b. Each empty bottle must have a minimum weight of not less than
140 grams and a minimum wall thickness of not less than 0.020 inch
(0.508 mm).
c. The completed package must meet the Packing Group II performance
level, as applicable for combination packagings with a plastic box
outer packaging, in accordance with subpart M of part 178 of this
subchapter.
(i) Tests must be performed on each type and size of bottle, for
each manufacturing location. Samples taken at random must withstand the
prescribed tests without breakage or leakage.
(ii) One bottle for every two hours of production, or for every
2,500 bottles produced, must be tested by dropping a bottle filled to
98 percent capacity with water from a height of 1.2 meters (3.9 feet)
onto solid concrete directly on the closure.
(iii) A copy of the test results must be kept on file at each
facility where packagings are offered for transportation, and must be
made available to a representative of the Department upon request.
(iv) The name or symbol of the bottle producer, and the month and
year of manufacture, must be marked by embossing, ink-jet printing of
permanent ink, or other permanent means on the face or bottom of each
bottle, in letters and numbers at least 6 mm (0.2 inch) high. Symbols,
if used, must be registered with the Associate Administrator.
(v) The box must be constructed from high-density polyethylene in
the density range 0.950-0.962, and be capable of holding liquid when in
the upright position.
* * * * *
(3) * * *
B131 When transported by highway, rail, or cargo vessel, waste
Paint and Paint related material (UN1263; PG II and PG III), when in
plastic or metal inner packagings of not more than 26.5 L (7 gallons),
are excepted from the marking requirements in Sec. 172.301(a) and (c)
and the labeling requirements in Sec. 172.400(a), when further packed
in the following specification and non-specification bulk outer
packagings and under the following conditions:
a. Primary receptacles must conform to the general packaging
requirements of subpart B of part 173 of this subchapter and may not
leak. If they do leak, they must be overpacked in packagings conforming
to the specification requirements of part 178 of this subchapter or in
salvage packagings conforming to the requirements in Sec. 173.12 of
this subchapter.
b. Primary receptacles must be further packed in non-specification
bulk outer packagings such as cubic yard boxes, plastic rigid-wall bulk
containers, dump trailers, and roll-off containers. Bulk outer
packagings must be liquid tight through design or by the use of lining
materials.
c. Primary receptacles may also be further packed in specification
bulk outer packagings. Authorized specification bulk outer packagings
are UN11G fiberboard intermediate bulk containers (IBC) and UN13H4
woven plastic, coated and with liner flexible intermediate bulk
containers (FIBCs) meeting the Packing Group II performance level and
lined with a plastic liner of at least 6 mil thickness.
d. All inner packagings placed inside bulk outer packagings must be
blocked and braced to prevent shifting during transportation that could
cause the container to open or fall over. Specification IBCs and FIBCs
are to be secured to a pallet.
* * * * *
0
12. In Sec. 172.202, revise paragraph (b) to read as follows:
Sec. 172.202 Description of hazardous material on shipping papers.
* * * * *
(b) Except as provided in this subpart, the basic description
specified in paragraphs (a)(1), (2), (3), and (4) of this section must
be shown in sequence with no additional information interspersed. For
example, ``UN2744, Cyclobutyl chloroformate, 6.1, (8, 3), PG II.''
Shipping descriptions for hazardous materials offered or intended for
transportation by rail that contain all the information required in
this subpart and that are formatted and ordered in accordance with
recognized electronic data interchange standards and, to the extent
possible, in the order and manner required by this subpart are deemed
to comply with this paragraph.
* * * * *
0
13. In Sec. 172.322, revise paragraphs (e)(2)(i) introductory text and
(e)(2)(ii) to read as follows:
Sec. 172.322 Marine Pollutants.
(e) * * *
(2) * * *
(i) At least 100 mm (3.9 inches) as measured from the outside of
the lines forming the border for marks applied to:
* * * * *
(ii) At least 250 mm (9.8 inches) for marks applied to all other
bulk packages.
* * * * *
0
14. In Sec. 172.330, revise paragraph (a)(1)(ii) to read as follows:
[[Page 83381]]
Sec. 172.330 Tank cars and multi-unit tank car tanks.
(a) * * *
(1) * * *
(ii) A tank car containing any of the following materials must be
marked on each side with the key words of the proper shipping name
specified for the material in the Sec. 172.101 table, or with a common
name authorized for the material in this subchapter (e.g.,
``Refrigerant Gas''):
Acrolein, stabilized
Ammonia, anhydrous
Ammonia solutions (more than 50% ammonia)
Bromine or Bromine solutions
Bromine chloride
Chloroprene, stabilized
Dispersant gas or Refrigerant gas (as defined in Sec. 173.115 of this
subchapter)
Division 2.1 materials
Division 2.2 materials (in Class DOT 107 tank cars only)
Division 2.3 materials
Formic acid
Hydrocyanic acid, aqueous solutions
Hydrofluoric acid, solution
Hydrogen cyanide, stabilized (less than 3% water)
Hydrogen fluoride, anhydrous
Hydrogen peroxide, aqueous solutions (greater than 20% hydrogen
peroxide)
Hydrogen peroxide, stabilized
Hydrogen peroxide and peroxyacetic acid mixtures
Nitric acid (other than red fuming)
Phosphorus, amorphous
Phosphorus, white dry or Phosphorus, white, under water or Phosphorus
white, in solution, or Phosphorus, yellow dry or Phosphorus, yellow,
under water or Phosphorus, yellow, in solution
Phosphorus white, molten
Potassium nitrate and sodium nitrate mixtures
Potassium permanganate
Sulfur trioxide, stabilized
Sulfur trioxide, uninhibited
* * * * *
0
15. In Sec. 172.400, revise paragraph (b) to read as follows:
Sec. 172.400 General labeling requirements.
* * * * *
(b) Labeling is required for a hazardous material which meets one
or more hazard class definitions, in accordance with column 6 of the
Sec. 172.101 table and the following table:
------------------------------------------------------------------------
Label design
Hazard class or division Label name or section
reference
------------------------------------------------------------------------
1.1............................... EXPLOSIVES 1.1...... 172.411
1.2............................... EXPLOSIVES 1.2...... 172.411
1.3............................... EXPLOSIVES 1.3...... 172.411
1.4............................... EXPLOSIVES 1.4...... 172.411
1.5............................... EXPLOSIVES 1.5...... 172.411
1.6............................... EXPLOSIVES 1.6...... 172.411
2.1............................... FLAMMABLE GAS....... 172.417
2.2............................... NON-FLAMMABLE GAS... 172.415
2.3............................... POISON GAS.......... 172.416
3 Flammable Liquid (Combustible FLAMMABLE LIQUID 172.419
liquid). (none).
4.1............................... FLAMMABLE SOLID..... 172.420
4.2............................... SPONTANEOUSLY 172.422
COMBUSTIBLE.
4.3............................... DANGEROUS WHEN WET.. 172.423
5.1............................... OXIDER.............. 172.426
5.2............................... ORGANIC PEROXIDE.... 172.427
6.1 (material poisonous by POISON INHALATION 172.429
inhalation (see Sec. 171.8 of HAZARD.
this subchapter)).
6.1 (other than material poisonous POISON.............. 172.430
by inhalation).
6.1 (inhalation hazard, Zone A or POISON INHALATION 172.429
B). HAZARD.
6.1 (other than inhalation hazard, POISON.............. 172.430
Zone A or B).
6.2............................... INFECTIOUS SUBSTANCE 172.432
7 (see Sec. 172.403)............ RADIOACTIVE WHITE-I. 172.436
7................................. RADIOACTIVE YELLOW- 172.438
II.
7................................. RADIOACTIVE YELLOW- 172.440
III.
7 (fissile radioactive material; FISSILE............. 172.441
see Sec. 172.402).
7 (empty packages, see Sec. EMPTY............... 172.450
173.428 of this subchapter).
8................................. CORROSIVE........... 172.442
9................................. CLASS 9............. 172.446
------------------------------------------------------------------------
0
16. In Sec. 172.446, revise paragraph (b) and remove paragraph (c) to
read as follows:
Sec. 172.446 CLASS 9 label.
* * * * *
(b) In addition to complying with Sec. 172.407, the background on
the CLASS 9 label must be white with seven black vertical stripes on
the top half. The black vertical stripes must be spaced, so that,
visually, they appear equal in width to the six white spaces between
them. The lower half of the label must be white with the class number
``9'' underlined and centered at the bottom.
0
17. In Sec. 172.800, revise paragraphs (b)(1) through (14) to read as
follows:
Sec. 172.800 Purpose and applicability.
* * * * *
(b) * * *
(1) Any quantity of a Division 1.1, 1.2, or 1.3 material.
(2) A quantity of a Division 1.4, 1.5, or 1.6 material requiring
placarding in accordance with subpart F of this part.
(3) A large bulk quantity of Division 2.1 material.
(4) A large bulk quantity of Division 2.2 material with a
subsidiary hazard of 5.1.
(5) Any quantity of a material poisonous by inhalation, as defined
in Sec. 171.8 of this subchapter.
(6) A large bulk quantity of a Class 3 material meeting the
criteria for Packing Group I or II.
(7) A quantity of desensitized explosives meeting the definition of
Division 4.1 or Class 3 material requiring placarding in accordance
with subpart F of this part.
[[Page 83382]]
(8) A large bulk quantity of a Division 4.2 material meeting the
criteria for Packing Group I or II.
(9) A quantity of a Division 4.3 material requiring placarding in
accordance with subpart F of this part.
(10) A large bulk quantity of a Division 5.1 material in Packing
Groups I and II; perchlorates; or ammonium nitrate, ammonium nitrate
fertilizers, or ammonium nitrate emulsions, suspensions, or gels.
(11) Any quantity of organic peroxide, Type B, liquid or solid,
temperature controlled.
(12) A large bulk quantity of Division 6.1 material (for a material
poisonous by inhalation see paragraph (5) above).
(13) A select agent or toxin regulated by the Centers for Disease
Control and Prevention under 42 CFR part 73 or the U.S. Department of
Agriculture under 9 CFR part 121.
(14) A quantity of uranium hexafluoride requiring placarding under
Sec. 172.505(b).
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
18. 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
19. In Sec. 173.3, revise paragraph (d)(2)(i) to read as follows:
Sec. 173.3 Packaging and Exceptions.
* * * * *
(d) * * *
(2) * * *
(i) Must be designed, constructed and marked in accordance with
Section VIII, Division I of the ASME Code (IBR, see Sec. 171.7 of this
subchapter) with a minimum design margin of 4 to 1. Salvage cylinders
may not be equipped with a pressure relief device. Damaged cylinders
must be securely positioned in the salvage cylinder to prevent
excessive shifting. The overpack requirements of Sec. 173.25 do not
apply to salvage cylinders used in accordance with this section.
* * * * *
0
20. In Sec. 173.24, revise paragraph (c)(2) to read as follows:
Sec. 173.24 General requirements for packagings and packages.
* * * * *
(c) * * *
(2) The use of supplementary packagings within an outer packaging
(e.g., an intermediate packaging or a receptacle inside a required
inner packaging) additional to what is required by this subchapter is
authorized provided all applicable requirements of this subchapter are
met and, when necessary, suitable cushioning is used to prevent
shifting within the packaging.
* * * * *
0
21. In Sec. 173.27, revise paragraphs (f)(2)(ii) and (i) to read as
follows:
Sec. 173.27 General requirements for transportation by aircraft.
* * * * *
(f) * * *
(2) * * *
(ii) Packages must be marked with the limited quantity ``Y'' mark
as prescribed in Sec. 172.315 of this subchapter when conforming to
Table 3 of this paragraph.
* * * * *
(i) Each person who offers a hazardous material for transportation
by aircraft must include the certification statement specified in Sec.
172.204(c)(3) of this subchapter.
0
22. In Sec. 173.29, revise paragraph (b)(2)(iv)(A) to read as follows:
Sec. 173.29 Empty packagings.
* * * * *
(b) * * *
(2) * * *
(iv) * * *
(A) A limited quantity or an ORM-D material; or
* * * * *
0
23. In Sec. 173.31, revise paragraphs (g) introductory text and (g)(3)
to read as follows:
Sec. 173.31 Use of tank cars.
* * * * *
(g) Tank car loading and unloading. When placed for loading or
unloading and before unsecuring any closure, a tank car must be
protected against shifting or coupling as follows:
* * *
(3) At least one wheel on the tank car must be blocked against
motion in both directions, and the hand brakes must be set. If multiple
tank cars are coupled together, sufficient hand brakes must be set and
wheels blocked to prevent motion in both directions.
0
24. In Sec. 173.62, amend paragraph (c)(5) by revising the table to
read as follows:
Sec. 173.62 Specific packaging requirements for explosives.
* * * * *
(c) * * *
(5) * * *
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Sec. 173.121 [Amended]
0
25. In Sec. 173.121, remove paragraph (c).
0
26. In Sec. 173.134, revise paragraphs (b)(7), (b)(12)(ii)(C), and
(b)(16) to read as follows:
Sec. 173.134 Class 6, Division 6.2--Definitions and exceptions.
* * * * *
(b) * * *
(7) Blood collected for the purpose of blood transfusion or the
preparation of blood products; blood products; plasma; plasma
derivatives; blood components; tissues or organs intended for use in
transplant operations; and human cell, tissues, and cellular and
tissue-based products regulated under authority of the Public Health
Service Act (42 U.S.C. 264-272) and/or the Food, Drug, and Cosmetic Act
(21 U.S.C. 301 et seq.).
* * * * *
[[Page 83398]]
(12) * * *
(ii) * * *
(C) The secondary container must be placed inside an outer
packaging with sufficient cushioning material to prevent shifting
between the secondary container and the outer packaging. An itemized
list of the contents of the primary container and information
concerning possible contamination with a Division 6.2 material,
including its possible location on the product, must be placed between
the secondary container and the outside packaging.
* * * * *
(16) A raw agricultural commodity as defined in the Federal Food,
Drug, and Cosmetics Act (21 U.S.C. 301 et seq.).
* * * * *
0
27. In Sec. 173.150, revise paragraphs (g)(1)(iii) and (g)(2)(iii) to
read as follows:
Sec. 173.150 Exceptions for Class 3 (flammable and combustible
liquids).
* * * * *
(g) * * *
(1) * * *
(iii) The net liquid contents of all inner packagings in any single
outer packaging may not exceed 5.6 liters (1.5 gallons). The net solid
contents of all inner packagings in any single outer packaging may not
exceed 15 kilograms (33 pounds). The gross weight of any single outer
package shipped may not exceed 30 kilograms (66 pounds); Inner
packagings must be secured and cushioned within the outer package to
prevent breakage, leakage, and shifting.
(2) * * *
(iii) The net liquid contents of all inner packagings in any single
outer packaging may not exceed 5.6 liters (1.5 gallons). The net solid
contents of all inner packagings in any single outer packaging may not
exceed 15 kilograms (33 pounds). The gross weight of any single outer
package shipped may not exceed 30 kilograms (66 pounds). Inner
packagings must be secured and cushioned within the outer package to
prevent breakage, leakage, and shifting.
* * * * *
Sec. 173.156 Exceptions for limited quantity and ORM-D.
0
28. In Sec. 173.156, revise the section title to read as set forth
above:
0
29. In Sec. 173.159, revise paragraph (k)(1)(iv) to read as follows:
Sec. 173.159 Batteries, wet.
* * * * *
(k) * * *
(1) * * *
(iv) When packaged with other batteries or materials (e.g., on
pallets or non-skid rails) and secured to prevent shifting during
transport, pack the battery in leakproof packaging to prevent leakage
of battery fluid from the packaging under conditions normally incident
to transportation.
* * * * *
0
30. In Sec. 173.166, revise paragraphs (d)(4), (e) introductory text,
(e)(4)(i)(C), and (e)(6)(ii) to read as follows:
Sec. 173.166 Safety devices.
* * * * *
(d) * * *
(4) Shipments to recycling or waste disposal facilities. When
offered for domestic transportation by highway, rail freight, cargo
vessel or cargo aircraft, a serviceable safety device classed as either
Class 9 (UN3268) or Division 1.4G removed from a motor vehicle that was
manufactured as required for use in the United States may be offered
for transportation and transported without compliance with the shipping
paper requirement prescribed in paragraph (c) of this section. However,
when these articles are shipped to a recycling facility, the word
``Recycled'' must be entered on the shipping paper immediately after
the basic description prescribed in Sec. 172.202 of this subchapter.
No more than one device is authorized in the packaging prescribed in
paragraphs (e)(1), (2) or (3) of this section. The device must be
cushioned and secured within the package to prevent shifting during
transportation.
* * * * *
(e) Packagings. Rigid, outer packagings, meeting the general
packaging requirements of part 173 are authorized as follows.
Additionally, the UN specification packagings listed in paragraphs
(e)(1), (2), and (3) of this section must meet the packaging
specification and performance requirements of part 178 of this
subchapter at the Packing Group III performance level. The packagings
must be designed and constructed to prevent shifting of the articles
and inadvertent activation. Further, if the Class 9 designation is
contingent upon packaging specified by the authorized testing agency,
shipments of the safety device must be in compliance with the
prescribed packaging.
* * * * *
(4) * * *
(i) * * *
(C) Internal dunnage must be sufficient to prevent shifting of the
devices within the container.
* * * * *
(6) * * *
(ii) Outer packaging consisting of 4H2 solid plastic boxes or non-
specification rugged reusable plastic outer packaging and inner static-
resistant plastic bags or trays. If not completely enclosed by design,
the container or handling device must be covered with plastic,
fiberboard, metal or other suitable material. The covering must be
secured to the container by banding or other comparable methods. The
articles must be packed to prevent shifting within the container during
transportation.
* * * * *
0
31. In Sec. 173.176, revise paragraph (g) to read as follows:
Sec. 173.176 Capacitors.
* * * * *
(g) Asymmetric capacitors containing an electrolyte meeting the
definition of one or more hazard class or division as defined in this
part, that are not installed in equipment, and with an energy storage
capacity of more than 20 Wh are subject to the requirements of this
subchapter.
* * * * *
0
32. In Sec. 173.185, revise paragraphs (b)(2)(ii), (b)(4)(ii), (b)(5),
(e)(2), and (e)(5) to read as follows:
Sec. 173.185 Lithium cells and batteries.
* * * * *
(b) * * *
(2) * * *
(ii) Damage caused by shifting or placement within the package; and
* * * * *
(4) * * *
(ii) Equipment must be secured to prevent damage caused by shifting
within the outer packaging and be packed so as to prevent accidental
operation during transport; and
* * * * *
(5) Lithium batteries that weigh 12 kg (26.5 pounds) or more and
have a strong, impact-resistant outer casing and assemblies of such
batteries, may be packed in strong outer packagings; in protective
enclosures (for example, in fully enclosed or wooden slatted crates);
or on pallets or other handling devices, instead of packages meeting
the UN performance packaging requirements in paragraphs (b)(3)(ii) and
(b)(3)(iii) of this section. Batteries or battery assemblies must be
secured to prevent inadvertent shifting, and the terminals may not
support the weight of other superimposed elements. Batteries or battery
assemblies packaged in accordance with this paragraph may be
transported by cargo aircraft if approved by the Associate
Administrator.
* * * * *
(e) * * *
(2) Appropriate measures shall be taken to minimize the effects of
[[Page 83399]]
vibration and shocks and prevent shifting of the cells or batteries
within the package that may lead to damage and a dangerous condition
during transport. Cushioning material that is non-combustible and
electrically non-conductive may be used to meet this requirement;
* * * * *
(5) Lithium batteries, including lithium batteries contained in
equipment, that weigh 12 kg (26.5 pounds) or more and have a strong,
impact-resistant outer casing or assemblies of such batteries, may be
packed in strong outer packagings, in protective enclosures (for
example, in fully enclosed or wooden slatted crates), or on pallets or
other handling devices, instead of packages meeting the UN performance
packaging requirements in paragraphs (b)(3)(ii) and (iii) of this
section. The battery or battery assembly must be secured to prevent
inadvertent shifting, and the terminals may not support the weight of
other superimposed elements;
* * * * *
0
33. In Sec. 173.197, revise paragraphs (e) introductory text, (e)(2)
and (e)(3) introductory text to read as follows:
Sec. 173.197 Regulated Medical Waste.
* * * * *
(e) Inner packagings authorized for Large Packagings, Carts, and
BOPs. Inner packagings must be durably marked or tagged with the name
and location (city and state) of the offeror, except when the entire
contents of the Large Packaging, Cart, or BOP originates at a single
location and is delivered to a single location.
* * * * *
(2) Liquids. Liquid regulated medical waste or clinical waste or
(bio) medical waste transported in a Large Packaging, Cart, or BOP must
be packaged in a rigid inner packaging conforming to the provisions of
subpart B of this part. Liquid materials are not authorized for
transportation in inner packagings having a capacity greater than 19 L
(5 gallons).
(3) Sharps. Sharps transported in a Large Packaging, Cart, or BOP
must be packaged in a puncture-resistant, non-bulk inner packaging
(sharps container). Each sharps container must be securely closed to
prevent leaks or punctures in conformance with instructions provided by
the packaging manufacturer. Each sharps container exceeding 76 L (20
gallons) in volume must be capable of passing the performance tests in
part 178, subpart M, of this subchapter at the Packing Group II
performance level. A sharps container may be reused only if it conforms
to the following criteria:
* * * * *
0
34. In Sec. 173.199, revise paragraph (a)(7) to read as follows:
Sec. 173.199 Category B infectious substances.
(a) * * *
(7) The name and telephone number of a person who is either
knowledgeable about the material being shipped and has comprehensive
emergency response and incident mitigation information for the
material, or has immediate access to a person who possesses such
knowledge and information, must be included on a written document (such
as an air waybill or bill of lading) or on the outer packaging. The
telephone number must be monitored during a company's administrative
hours (i.e., company's operational business hours).
* * * * *
0
35. In Sec. 173.219, revise paragraph (c)(3) to read as follows:
Sec. 173.219 Life-saving appliances.
* * * * *
(c) * * *
(3) Strike-anywhere matches must be cushioned to prevent shifting
or friction in a metal or composition receptacle with a screw-type
closure in a manner that prevents them from being inadvertently
activated;
* * * * *
0
36. In Sec. 173.220, revise paragraphs (c), (d), and (e) to read as
follows:
Sec. 173.220 Internal combustion engines, vehicles, machinery
containing, internal combustion engines, battery-powered equipment or
machinery, fuel cell-powered equipment or machinery.
* * * * *
(c) Battery-powered or installed. Batteries must be securely
installed, and wet batteries must be fastened in an upright position.
Batteries must be protected against a dangerous evolution of heat,
short circuits, and damage to terminals in conformance with Sec.
173.159(a) and leakage; or must be removed and packaged separately
under Sec. 173.159. Battery-powered vehicles, machinery or equipment
including battery-powered wheelchairs and mobility aids are not subject
to any other requirements of this subchapter except Sec. 173.21 when
transported by rail, highway or vessel. Where a vehicle could possibly
be handled in other than an upright position, the vehicle must be
secured in a strong, rigid outer packaging. The vehicle must be secured
by means capable of restraining the vehicle in the outer packaging to
prevent any shifting during transport which would change the
orientation or cause the vehicle to be damaged.
(d) Lithium batteries. Except as provided in Sec. 172.102, special
provision A101, of this subchapter, vehicles, engines, and machinery
powered by lithium metal batteries, that are transported with these
batteries installed, are forbidden aboard passenger-carrying aircraft.
Lithium batteries contained in vehicles, engines, or mechanical
equipment must be securely fastened in the battery holder of the
vehicle, engine, or mechanical equipment, and be protected in such a
manner as to prevent damage and short circuits (e.g., by using non-
conductive caps that cover the terminals entirely). Except for
vehicles, engines, or machinery transported by highway, rail, or vessel
with prototype or low production lithium batteries securely installed,
each lithium battery must be of a type that has successfully passed
each test in the UN Manual of Tests and Criteria (IBR, see Sec. 171.7
of this subchapter), as specified in Sec. 173.185, unless approved by
the Associate Administrator. Where a vehicle could possibly be handled
in other than an upright position, the vehicle must be secured in a
strong, rigid outer packaging. The vehicle must be secured by means
capable of restraining the vehicle in the outer packaging to prevent
any shifting during transport which would change the orientation or
cause the vehicle to be damaged. Where the lithium battery is removed
from the vehicle and is packed separate from the vehicle in the same
outer packaging, the package must be consigned as ``UN 3481, Lithium
ion batteries packed with equipment'' or ``UN 3091, Lithium metal
batteries packed with equipment'' and prepared in accordance with the
requirements specified in Sec. 173.185.
(e) Fuel cells. A fuel cell must be secured and protected in a
manner to prevent damage to the fuel cell. Equipment (other than
vehicles, engines or mechanical equipment) such as consumer electronic
devices containing fuel cells (fuel cell cartridges) must be described
as ``Fuel cell cartridges contained in equipment'' and transported in
accordance with Sec. 173.230. Where a vehicle could possibly be
handled in other than an upright position, the vehicle must be secured
in a strong, rigid outer packaging. The vehicle must be secured by
means capable of restraining the vehicle in the outer packaging to
prevent any shifting during transport which would change the
orientation or cause the vehicle to be damaged.
* * * * *
[[Page 83400]]
0
37. In Sec. 173.222, revise paragraph (b)(2) to read as follows:
Sec. 173.222 Dangerous goods in equipment, machinery, or apparatus.
* * * * *
(b) * * *
(2) Receptacles containing hazardous materials must be secured and
cushioned to prevent their breakage or leakage and so as to control
their shifting within the machinery or apparatus during normal
conditions of transportation. Cushioning material must not react
dangerously with the content of the receptacles. Any leakage of the
contents must not substantially impair the protective properties of the
cushioning material.
* * * * *
0
38. In Sec. 173.301, revise paragraphs (a)(11) and (f)(3) to read as
follows:
Sec. 173.301 General requirements for shipment of compressed gases
and other hazardous materials in cylinders, UN pressure receptacles and
spherical pressure vessels.
(a) * * *
(11) Cylinder valves manufactured on or after November 7, 2019,
used on cylinders to transport compressed gases must conform to the
applicable requirements in CGA V-9 (IBR; see Sec. 171.7 of this
subchapter). A valve for a UN pressure receptacle must conform to the
requirements of Sec. 173.301b(c)(1). Cylinder valves used on cylinders
in liquefied petroleum gas (LPG) service are permitted to comply with
the requirements of NFPA 58 (IBR; see Sec. 171.7 of this subchapter).
* * * * *
(f) * * *
(3) For a specification 3, 3A, 3AA, 3AL, 3AX, 3AAX, 3B, 3BN, or 3T
cylinder filled with gases in other than Division 2.2 (except oxygen
and oxidizing gases transported by aircraft, see Sec. Sec. 173.302(f)
and 173.304(f)), the burst pressure of a CG-1, CG-4, or CG-5 pressure
relief device must be at test pressure with a tolerance of plus zero to
minus 10 percent. An additional 5 percent tolerance is allowed when a
combined rupture disk is placed inside a holder. This requirement does
not apply if a CG-2, CG-3, or CG-9 thermally activated relief device or
a CG-7 reclosing pressure valve is used on the cylinder.
* * * * *
0
39. In Sec. 173.301b, revise paragraph (a)(4) to read as follows:
Sec. 173.301b Additional requirements for shipments of UN pressure
receptacles.
(a) * * *
(4) When a strong outer packaging is prescribed, for example as
provided by paragraphs (c)(2)(vi) or (d)(1) of this section, the UN
pressure receptacles must be protected to prevent shifting. Unless
otherwise specified in this part, more than one UN pressure receptacle
may be enclosed in the strong outer packaging.
* * * * *
0
40. In Sec. 173.304a, amend the table in paragraph (a)(2) by:
0
a. Revising the entry for ``Hydrogen sulfide;'' and
0
b. Removing Note 14.
The revision reads as follows:
Sec. 173.304a Additional requirements for shipment of liquefied
compressed gases in specification cylinders.
(a) * * *
(2) * * *
----------------------------------------------------------------------------------------------------------------
Maximum
permitted Packaging marked as shown in this column or of
filling the same type with higher service pressure must
Kind of gas density be used, except as provided in Sec. Sec.
(percent) (see 173.301(l), 173.301a(e), and 180.205(a) (see
Note 1) notes following table)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Hydrogen sulfide (see Note 10)................ 62.5 DOT-3A; DOT-3AA; DOT-3B; DOT-4B; DOT-4BA; DOT-
4BW; DOT-3E1800; DOT-3AL.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
41. Sec. 173.306, revise paragraph (h)(1) to read as follows:
Sec. 173.306 Limited quantities of compressed gases.
* * * * *
(h) * * * (1) Lighter refills (see Sec. 171.8 of this subchapter)
must not contain an ignition element but must contain a release device.
Lighter refills offered for transportation under this section may not
exceed 4 fluid ounces capacity (7.22 cubic inches) or contain more than
65 grams of a Division 2.1 fuel. For transportation by highway or rail,
lighter refills must be tightly packed and secured against shifting in
strong outer packagings. For transportation by aircraft or vessel,
lighter refills must be tightly packed and secured against shifting in
any rigid specification outer packaging authorized in subpart L of part
178 of this subchapter at the Packing Group II performance level.
* * * * *
0
42. In Sec. 173.307, revise paragraph (a)(5) to read as follows:
Sec. 173.307 Exceptions for compressed gases.
(a) * * *
(5) Manufactured articles or apparatuses, other than light bulbs
each containing not more than 100 mg (0.0035 ounce) of inert gas and
packaged so that the quantity of inert gas per package does not exceed
1 g (0.035 ounce).
* * * * *
0
43. In Sec. 173.308, revise paragraphs (c), (e)(2)(ii), and
(e)(2)(iii) to read as follows:
Sec. 173.308 Lighters.
* * * * *
(c) Packaging requirements--(1) Inner containment. Lighters must be
placed in an inner packaging that is designed to prevent shifting of
the lighters and inadvertent ignition or leakage. The ignition device
and gas control lever of each lighter must be designed, or securely
sealed, taped, or otherwise fastened or packaged to protect against
accidental functioning or leakage of the contents during transport. If
lighters are packed vertically in a plastic tray, a plastic, fiberboard
or paperboard partition must be used to prevent friction between the
ignition device and the inner packaging.
(2) Outer packaging. Lighters and their inner packagings must be
tightly packed and secured against shifting in any rigid specification
outer packaging authorized in subpart L of part 178 of this subchapter
at the Packing Group II performance level.
* * * * *
[[Page 83401]]
(e) * * *
(2) * * *
(ii) Lighters must be placed in an inner packaging that is designed
to prevent accidental activation of the ignition device or valve,
release of gas, and shifting of the lighters (e.g., tray, blister pack,
etc.);
(iii) Inner packagings must be placed in a securely closed rigid
outer packaging that limits shifting of the inner packagings and
protects them from damage;
* * * * *
0
44. In Sec. 173.314, revise paragraph (h)(2) introductory text:
Sec. 173.314 Compressed gases in tank cars and multi-unit tank cars.
* * * * *
(h) * * *
(2) Odorant fade. In addition to paragraph (h)(1)(i) of this
section, the offeror must ensure that enough odorant will remain in the
tank car during the course of transportation. The offeror must have
procedures in place to:
* * * * *
0
45. In Sec. 173.315, revise paragraph (a)(2) introductory text,
paragraph (b)(2) introductory text, paragraph (h) introductory text,
and paragraph (j)(2)(viii) to read as follows:
Sec. 173.315 Compressed gases in cargo tanks and portable tanks.
(a) * * *
(2) Cargo tanks and DOT specification portable tanks: Cargo tanks
and DOT specification portable tanks must be loaded and offered for
transportation in accordance with the following table (for purposes of
the following table, a column entry with ``do'' indicates ``same as
above''):
* * * * *
(b) * * *
(2) Odorant fade. For cargo tanks or portable tanks being
transported from a refinery, gas plant or pipeline terminal and in
addition to paragraph (b)(1)(i) of this section, the offeror must
ensure that enough odorant will remain in the cargo tank or portable
tank during the course of transportation. The offeror must have
procedures in place to:
* * * * *
(h) Each cargo tank and portable tank, except a tank filled by
weight, must be equipped with one or more of the gauging devices
described in the following table which indicate accurately the maximum
permitted liquid level (for purposes of the following table, a column
entry with ``do'' indicates ``same as above''). Additional gauging
devices may be installed but may not be used as primary controls for
filling of cargo tanks and portable tanks. Gauge glasses are not
permitted on any cargo tank or portable tank. Primary gauging devices
used on cargo tanks of less than 3500 gallons water capacity are exempt
from the longitudinal location requirements specified in paragraphs
(h)(2) and (3) of this section provided: The tank length does not
exceed three times the tank diameter; and the cargo tank is unloaded
within 24 hours after each filling of the tank.
* * * * *
(j) * * *
(2) * * *
(viii) The storage container must be secured against shifting
during transportation. Bracing must conform with the requirements of
paragraph (j)(1)(iii) of this section and Sec. 177.834(a) of this
subchapter and with Section 6-5.2 of NFPA 58, Liquefied Petroleum Gas
Code. Straps or chains used as tie-downs must be rated to exceed the
maximum load to be transported and conform to the requirements in
Sec. Sec. 393.100 through 393.106 of this title.
* * * * *
0
46. In Sec. 173.335, revise paragraph (a) to read as follows:
Sec. 173.335 Chemicals under pressure n.o.s.
(a) General requirements. A cylinder filled with a chemical under
pressure must be offered for transportation in accordance with the
requirements of this section and Sec. 173.301 (except for the cylinder
valve cap requirements in Sec. Sec. 173.301(a)(11) and (12)). In
addition, a DOT specification cylinder must meet the requirements in
Sec. Sec. 173.301a, 173.302, 173.302a, and 173.305, as applicable. UN
pressure receptacles must meet the requirements in Sec. Sec. 173.301b,
173.302b, and 173.304b, as applicable. Where more than one section
applies to a cylinder, the most restrictive requirements must be
followed.
* * * * *
0
47. In Sec. 173.415, revise paragraph (a) introductory text to read as
follows:
Sec. 173.415 Authorized Type A packages.
* * * * *
(a) DOT Specification 7A (see Sec. 178.350 of this subchapter)
Type A general packaging. Each offeror of a Specification 7A package
must maintain on file for at least two years after the offeror's latest
shipment, and shall provide to DOT on request, one of the following:
* * * * *
0
48. In Sec. 173.435, revise table entry for ``Rb (nat)'' to read as
follows:
Sec. 173.435 Table of A1 and A2 values of radionuclides.
* * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Specific activity
Symbol of radionuclide Element and A1 (TBq) A1 (Ci) \b\ A2 (TBq) A2 (Ci) \b\ -------------------------------
atomic number (TBq/g) (Ci/g)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Rb(nat)....................... .............. Unlimited........ Unlimited........ Unlimited....... Unlimited....... 6.7 x 10 -\10\ 1.8 x 10 -\8\
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
PART 174--CARRIAGE BY RAIL
0
49. The authority citation for part 174 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
50. In Sec. 174.67, revise paragraphs (a)(2) and (3) to read as
follows:
Sec. 174.67 Tank car unloading.
* * * * *
(a) * * *
(2) Each hazmat employee who is responsible for unloading must
apply the handbrake and block at least one wheel to prevent motion in
any direction. If multiple tank cars are coupled together, sufficient
hand brakes must be set and wheels blocked to prevent motion in both
directions.
(3) Each hazmat employee who is responsible for unloading must
secure access to the track to prevent entry by other rail equipment,
including motorized service vehicles. This requirement may be satisfied
by lining each switch providing access to the unloading area against
shifting and
[[Page 83402]]
securing each switch with an effective locking device, or by using
derails, portable bumper blocks, or other equipment that provides an
equivalent level of safety.
* * * * *
PART 175--CARRIAGE BY AIRCRAFT
0
51. The authority citation for part 175 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.81 and 1.97.
0
52. In Sec. 175.10, revise paragraph (a)(17)(iv), to read as follows:
Sec. 175.10 Exceptions for passengers, crew members, and air
operators.
(a) * * *
(17) * * *
(iv) The wheelchair or other mobility aid must be protected from
damage by the shifting of baggage, mail, service items, or other cargo;
* * * * *
0
53. In Sec. 175.31, revise paragraph (a) introductory text to read as
follows:
Sec. 175.31 Reports of discrepancies.
(a) Each person who discovers a discrepancy, as defined in
paragraph (b) of this section, relative to the shipment of a hazardous
material following its acceptance for transportation aboard an aircraft
shall, as soon as practicable, notify the nearest FAA Regional Office
by telephone or electronically. The nearest Regional Office may be
located by calling the FAA Washington Operations Center 202-267-3333
(any hour). Electronic notifications may be submitted by following
instructions on the FAA's website. The following information must be
provided:
* * * * *
0
54. In Sec. 175.75, revised paragraph (e)(3)(i) to read as follows:
Sec. 175.75 Quantity limitations and cargo location.
* * * * *
(e) * * *
(3) * * *
(i) No person is carried on the aircraft other than the pilot, an
FAA Flight Standards inspector, the shipper or consignee of the
material, a representative of the shipper or consignee so designated in
writing, or a person necessary for handling the material;
* * * * *
0
55. In Sec. 175.630, revise paragraph (b) to read as follows:
Sec. 175.630 Special requirements for Division 6.1 (poisonous)
material and Division 6.2 (infectious substances) materials.
* * * * *
(b) No person may operate an aircraft that has been used to
transport any package required to bear a POISON or POISON INHALATION
HAZARD label unless, upon removal of such package, the area in the
aircraft in which it was carried is visually inspected for evidence of
leakage, spillage, or other contamination. All contamination discovered
must be either isolated or removed from the aircraft.
* * * * *
PART 176--CARRIAGE BY VESSEL
0
56. The authority citation for part 176 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
57. In Sec. 176.89, revise paragraph (a)(3) to read as follows:
Sec. 176.89 Control of transport vehicles.
(a) * * *
(3) The parking brakes of the vehicle shall be set securely to
prevent motion;
* * * * *
0
58. In Sec. 176.200, revise paragraph (c) to read as follows:
Sec. 176.200 General stowage requirements.
* * * * *
(c) When cylinders of Class 2 (compressed gas) materials being
transported by vessel are stowed in a vertical position they must be
stowed in a block and cribbed or boxed-in with suitable sound lumber
and the box or crib dunnaged to provide clearance from a steel deck at
least 10 cm (3.9 inches) off any metal deck. Pressure receptacles in
the box or crib must be braced to prevent any shifting of the pressure
receptacles. The box or crib (gas rack) must be securely chocked and
lashed to prevent shifting in any direction.
* * * * *
0
59. In Sec. 176.906, revise paragraph (i)(2)(ii) to read as follows:
Sec. 176.906 Stowage of engines and machinery.
* * * * *
(i) * * *
(2) * * *
(ii) The engines or machinery must be oriented to prevent
inadvertent leakage of dangerous goods and secured by means capable of
restraining the engines or machinery to prevent any shifting during
transport which would change the orientation or cause them to be
damaged;
* * * * *
PART 177--CARRIAGE BY PUBLIC HIGHWAY
0
60. The authority citation for part 177 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; sec. 112 of Pub. L. 103-311, 108
Stat. 1673, 1676 (1994); sec. 32509 of Pub. L. 112-141, 126 Stat.
405, 805 (2012); 49 CFR 1.81 and 1.97.
0
61. In Sec. 177.854, revise paragraph (c)(2) to read as follows:
Sec. 177.854 Disabled vehicles and broken or leaking packages;
repairs.
* * * * *
(c) * * *
(2) Packages of hazardous materials that are damaged or found
leaking during transportation, and hazardous materials that have
spilled or leaked during transportation, may be forwarded to
destination or returned to the shipper in a salvage packaging in
accordance with the requirements of Sec. 173.3, as applicable, of this
subchapter.
* * * * *
PART 178--SPECIFICATIONS FOR PACKAGINGS
0
62. The authority citation for part 178 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
63. In Sec. 178.338-10, revise paragraph (c)(2) to read as follows:
Sec. 178.338-10 Accident damage protection.
* * * * *
(c) * * *
(2) Conform to the requirements of Sec. 178.345-8(d).
* * * * *
0
64. In Sec. 178.345-8, revise the first sentence of paragraph (b)(1)
to read as follows:
Sec. 178.345-8 Accident damage protection.
* * * * *
(b) * * *
(1) Any bottom damage protection device must be able to withstand a
force of 155,000 pounds (based on the ultimate strength of the
material), from the front, side, and rear uniformly distributed,
applied in each direction of the device, over an area not to exceed 6
square feet, and a width not to exceed 6 feet. * * *
* * * * *
PART 179--SPECIFICATIONS FOR TANK CARS
0
65. The authority citation for part 179 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
[[Page 83403]]
0
66. Revise Sec. 179.201-6 to read as follows:
Sec. 179.201-6 Manways and manway closures.
(a) The manway cover for spec. DOT 104W, 111A60ALW1, 111A60W1,
111A100ALW1, 111A100W1, 111A100W3, or 111A100W6 must be designed to
make it impossible to remove the cover while the interior of the tank
is subjected to pressure.
(b) The manway cover for spec. DOT 111A60W5, or 111A100W5 must be
made of a suitable metal. The top, bottom and edge of manway cover must
be acid resistant material covered as prescribed in Sec. 179.201-3.
Through-bolt holes must be lined with acid resistant material at least
one-eighth inch in thickness. A manway cover made of metal not affected
by the lading need not be acid resistant material covered.
(c) The manway ring and cover for specifications DOT-103CW, 103DW,
103EW, 111A60W7, or 111A100W6 must be made of the metal and have the
same inspection procedures specified in AAR Specifications for Tank
Cars, appendix M, M3.03 (IBR, see Sec. 171.7 of this subchapter).
0
67. Revise Sec. 179.202-13(h)(1) introductory text to read as follows:
Sec. 179.202-13 Retrofit Standard Requirements (DOT-117R).
* * * * *
(h) Top fittings protection--(1) Protective housing. Except as
provided in Sec. Sec. 179.202-13(h)(2) and (3) of this paragraph, top
fittings on DOT Specification 117R tank cars must be located inside a
protective housing not less than 1/2-inch in thickness and constructed
of a material having a tensile strength not less than 65 kpsi and must
conform to all of the following conditions:
* * * * *
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
68. The authority citation for part 180 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
69. In Sec. 180.407, revise paragraphs (b)(1), (d)(5), (e)(3) and
(g)(1)(iv) to read as follows:
Sec. 180.407 Requirements for test and inspection of specification
cargo tanks.
* * * * *
(b) * * *
(1) The cargo tank shows evidence of dents, cuts, gouges, corroded
or abraded areas, leakage, or any other condition that might render it
unsafe for hazardous materials service. At a minimum, any area of a
cargo tank showing evidence of dents, cuts, digs, gouges, or corroded
or abraded areas must be thickness tested in accordance with the
procedures set forth in paragraphs (i)(2), (i)(3), (i)(5), (i)(6),
(i)(9), and (i)(10) of this section and evaluated in accordance with
the criteria prescribed in Sec. 180.411. Any signs of leakage must be
repaired in accordance with Sec. 180.413. The suitability of any
repair affecting the structural integrity of the cargo tank must be
determined either by the testing required in the applicable
manufacturing specification or in paragraph (g)(1)(iv) of this section.
* * * * *
(d) * * *
* * * * *
(5) Corroded or abraded areas of the cargo tank wall must be
thickness tested in accordance with the procedures set forth in
paragraphs (i)(2), (i)(3), (i)(5), (i)(6), (i)(9), and (i)(10) of this
section.
* * * * *
(e) * * *
* * * * *
(3) Corroded or abraded areas of the cargo tank wall must be
thickness tested in accordance with paragraphs (i)(2), (i)(3), (i)(5),
(i)(6), (i)(9), and (i)(10) of this section.
* * * * *
(g) * * *
(1) * * *
(iv) Each cargo tank must be tested hydrostatically or
pneumatically to the internal pressure specified in the following
table. At no time during the pressure test may a cargo tank be subject
to pressures that exceed those identified in the following table:
Table 1 to Paragraph (g)(1)(iv)
------------------------------------------------------------------------
Specification Test pressure
------------------------------------------------------------------------
MC 300, 301, 302, 303, 305, 306... The test pressure on the name plate
or specification plate, 20.7 kPa (3
psig) or design pressure, whichever
is greater.
MC 304, 307....................... The test pressure on the name plate
or specification plate, 275.8 kPa
(40 psig) or 1.5 times the design
pressure, whichever is greater.
MC 310, 311, 312.................. The test pressure on the name plate
or specification plate, 20.7 kPa (3
psig) or 1.5 times the design
pressure, whichever is greater.
MC 330, 331....................... The test pressure on the name plate
or specification plate, 1.5 times
either the MAWP or the re-rated
pressure, whichever is applicable.
MC 338............................ The test pressure on the name plate
or specification plate, 1.25 times
either the MAWP or the re-rated
pressure, whichever is applicable.
DOT 406........................... The test pressure on the name plate
or specification plate, 34.5 kPa (5
psig) or 1.5 times the MAWP,
whichever is greater.
DOT 407........................... The test pressure on the name plate
or specification plate, 275.8 kPa
(40 psig) or 1.5 times the MAWP,
whichever is greater.
DOT 412........................... The test pressure on the name plate
or specification plate, or 1.5
times the MAWP, whichever is
greater.
------------------------------------------------------------------------
* * * * *
Issued in Washington, DC, on October 16, 2020, under the
authority delegated in 49 CFR 1.97.
Howard R. Elliott
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2020-23353 Filed 12-18-20; 8:45 am]
BILLING CODE 4910-60-P
