Federal Register / Vol. 71, No. 170 / Friday, September 1, 2006 / Proposed Rules 52017 

primary goal going forward must be to 

ensure, as mandated by statute, that 

plans compete on an even playing field 

and that beneficiaries will gain in terms 

of cost, plan choices, and generosity of 

benefits. We believe we can help 

achieve this goal only if MYBEs are not 

permitted in subsequent years. 

Furthermore with respect to MYBEs, 

we do not believe that nondrug benefits 

should be treated differently than Part D 

benefits. Similarly, with respect to all 

EGHPs including EGWPs, we believe 

that the integrity of the competitive 

bidding process overrides any possible 

program benefit from MYBEs. Therefore 

beginning with CY 2007, we are 

proposing that MA organizations, 

including all organizations offering 

EGHPs, would not be permitted to make 

any midyear changes in benefits, 

premiums, or cost-sharing, even under 

the circumstances in which these types 

of changes were permitted in CY 2006. 

This includes EGHPs that enroll both 

beneficiaries and employer/union 

members (in other words plans open to 

general enrollment) and plans not open 

to general enrollment. We note that 

programs of all-inclusive care for the 

elderly (PACE) would be able to 

continue to offer MYBEs in accordance 

with our guidance for PACE plans. 

III. Response to Comments 

Because of the large number of items 

of correspondence we normally receive 

on Federal Register documents 

published for comment, we are not able 

to acknowledge or respond to them 

individually. We will consider all 

comments we receive by the date and 

time specified in the DATES section of 

this preamble, and, when we proceed 

with a subsequent document, we will 

respond to the comments in the 

preamble to that document. 

IV. Collection of Information 

Requirements 

This document does not impose 

information collection and 

recordkeeping requirements. 

Consequently, it need not be reviewed 

by the Office of Management and 

Budget under the authority of the 

Paperwork Reduction Act of 1995. 

V. Regulatory Impact Statement 

[If you choose to comment on issues 

in this section, please include the 

caption ‘‘Regulatory Impact Statement’’

at the beginning of your comments.] 

We have examined the impact of this 

rule as required by Executive Order 

12866 (September 1993, Regulatory 

Planning and Review), the Regulatory 

Flexibility Act (RFA) (September 19, 

1980, Pub. L. 96–354), section 1102(b) of 

the Social Security Act, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4), and Executive Order 13132. 

Executive Order 12866 directs 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

if regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, distributive impacts, 

and equity). A regulatory impact 

analysis (RIA) must be prepared for 

major rules with economically 

significant effects ($100 million or more 

in any 1 year). This rule does not reach 

the economic threshold and thus is not 

considered a major rule. However, we 

are requesting comments regarding the 

possible impact of our proposal to 

prohibit MYBEs. 

The RFA requires agencies to analyze 

options for regulatory relief of small 

businesses. For purposes of the RFA, 

small entities include small businesses, 

nonprofit organizations, and small 

governmental jurisdictions. Most 

hospitals and most other providers and 

suppliers are small entities, either by 

nonprofit status or by having revenues 

of $6 million to $29 million in any 1 

year. Individuals and States are not 

included in the definition of a small 

entity. The MA program, by having both 

regional and local plans, provides an 

opportunity for health insurance entities 

of all types and most sizes (but probably 

not below the ‘‘small’’ insurance entity 

cutoff level defined by the SBA ($6 

million), which is lower than appears 

viable for a comprehensive, risk-bearing 

insurance plan) to participate. 

Therefore, we are not preparing an 

analysis for the RFA because we have 

determined that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

In addition, section 1102(b) of the Act 

requires us to prepare a regulatory 

impact analysis if a rule may have a 

significant impact on the operations of 

a substantial number of small rural 

hospitals. This analysis must conform to 

the provisions of section 603 of the 

RFA. For purposes of section 1102(b) of 

the Act, we define a small rural hospital 

as a hospital that is located outside of 

a Metropolitan Statistical Area and has 

fewer than 100 beds. We are not 

preparing an analysis for section 1102(b) 

of the Act because we have determined 

that this rule will not have a significant 

impact on the operations of a substantial 

number of small rural hospitals. 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 also 

requires that agencies assess anticipated 

costs and benefits before issuing any 

rule whose mandates require spending 

in any 1 year of $100 million in 1995 

dollars, updated annually for inflation. 

That threshold level is currently 

approximately $120 million. This rule 

will have no consequential effect on 

State, local, or tribal governments or on 

the private sector. 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a 

proposed rule (and subsequent final 

rule) that imposes substantial direct 

requirement costs on State and local 

governments, preempts State law, or 

otherwise has Federalism implications. 

Since this regulation does not impose 

any costs on State or local governments, 

the requirements of E.O. 13132 are not 

applicable. 

In accordance with the provisions of 

Executive Order 12866, this regulation 

was reviewed by the Office of 

Management and Budget. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: May 5, 2006. 

Mark B. McClellan, 

Administrator, Centers for Medicare & 

Medicaid Services. 

Approved: June 12, 2006. 

Michael O. Leavitt, 

Secretary. 

[FR Doc. 06–7394 Filed 8–31–06; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 171, 172, 173, 174, and 

178 

[Docket No. PHMSA–06–25736 (HM–231)] 

RIN 2137–AD89 

Hazardous Material; Miscellaneous 

Packaging Amendments 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: In this NPRM, PHMSA is 

proposing to make miscellaneous 

amendments to the Hazardous Materials 

Regulations (HMR) based on changes to 

packaging requirements in the United 

Nations Recommendations on the 

Transport of Dangerous Goods, petitions 

for rulemaking received in accordance 

with requirements specified in 49 CFR 


sroberts on PROD1PC70 with PROPOSALS
52018 Federal Register / Vol. 71, No. 170 / Friday, September 1, 2006 / Proposed Rules 

106.95, and PHMSA initiative. These 

proposed amendments are intended to 

clarify certain regulatory requirements 

specific to bulk and non-bulk packaging. 

The amendments proposed in this 

NPRM also include incorporation of 

requirements for construction, 

maintenance and use of Large 

Packagings, clarification of specification 

marking requirements, and revisions to 

packaging definitions. 

DATES: Comments must be received by 

November 30, 2006. 

ADDRESSES: You may submit comments 

to the docket number PHMSA–06–

25736 (HM–231) by any of the following 

methods: 

• Web Site: http://dms.dot.gov. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management System; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. If sent by mail, comments are to 

be submitted in two copies. Persons 

wishing to receive confirmation of 

receipt of their comments should 

include a self-addressed stamped 

postcard. 

• Hand Delivery: Docket Management 

System; Room PL–401 on the plaza level 

of the Nassif Building, 400 Seventh 

Street, SW., Washington, DC, between 9 

a.m. and 5 p.m. Monday through Friday, 

except Federal holidays. 

Instructions: All submissions must 

include the agency name and docket 

number or Regulatory Identification 

Number (RIN) for this rulemaking. All 

comments received will be posted 

without change to http://dms.dot.gov 

including any personal information 

provided. You may review DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (volume 65, number 70; pages 

19477–78) or you may visit http:// 

dms.dot.gov. 

Docket: For access to the docket to 

read background documents and 

comments received, go to http:// 

dms.dot.gov at any time or to Room PL–

401 on the plaza level of the Nassif 

Building, 400 Seventh Street, SW., 

Washington, DC between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Arthur M. Pollack, Office of Hazardous 

Materials Standards, (202) 366–8553, or 

Donald Burger, Office of Hazardous 

Materials Technology, (202) 366–4545; 

Pipeline and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, 400 Seventh Street, 

SW., Washington, DC 20590–0001. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 21, 1990, the Research 

and Special Programs Administration—

the predecessor agency to the Pipeline 

and Hazardous Materials Safety 

Administration (PHMSA; we) 

—published a final rule (Docket HM–

181; 55 FR 52402) based on the UN 

Recommendations on the Transport of 

Dangerous Goods (UN 

Recommendations). The final rule 

comprehensively revised the Hazardous 

Materials Regulations (HMR), 49 CFR 

parts 171 to 180, for harmonization with 

international standards. Included in 

these amendments was a change to 

hazardous materials packaging 

standards from detailed design 

specifications to performance oriented 

standards. This NPRM is designed 

primarily to clarify requirements 

specific to packaging issues and to 

reduce regulatory burdens on industry 

by incorporating changes into the HMR 

based on PHMSA’s own initiative and 

petitions for rulemaking submitted in 

accordance with 49 CFR 106.95. We are 

also proposing to add two new subparts 

to part 178: Subpart P—Large Packaging 

Performance-Oriented Standards and 

subpart Q—Testing of Large Packagings. 

In this NPRM, we are proposing the 

following revisions to the HMR: 

1. Revise, remove, and add definitions 

specific to packaging requirements. 

2. Amend export and import 

provisions in § 171.12. 

3. Revise § 172.101 Table entries for 

packaging requirements. 

4. Add and revise special provisions. 

5. Clarify shippers’ responsibilities for 

complying with packaging standards. 

6. Clarify requirements for stacking of 

bulk packaging. 

7. Correct error in general IBC 

requirements related to gauge pressure. 

8. Authorize bromine residue in cargo 

tanks. 

9. Clarify closure instructions for 

specification packagings. 

10. Add exceptions for marking of 

steel drums. 

11. Add an exception for marking of 

UN symbol with a stencil. 

12. Amend packaging variations. 

13. Add standards and provision for 

the manufacture and use of Large 

Packagings. 

In this NPRM, we are proposing to 

address eight petitions for rulemaking. 

We propose changes to the HMR based 

on six petitions. We are denying two 

petitions. The petitions are discussed in 

more detail in the appropriate sections 

of this preamble. The following table 

identifies the petitions addressed in this 

NPRM: 

Petition* Company Section Status of petition 

P–1173 ............................. Monsanto Company ................................................ § 171.8 ........................................ Amendments proposed 

based on petition. 

P–1328 ............................. Reusable Industrial Packaging Association ............ § 173.28(b) .................................. Denial. 

P–1337 ............................. Steel Shipping Container Institute .......................... § 178.601(g) ................................ Amendments proposed 

based on petition. 

P–1356 ............................. Connelly Containers ................................................ § 178.703(a) ................................ Denial. 

P–1359 ............................. Association of Container Reconditioners ................ § 171.8 ........................................ Amendments proposed 

based on petition. 

P–1371 ............................. Steel Shipping Container Institute .......................... §§ 178.3(a) and 178.503(a) ........ Amendments proposed 

based on and petition. 

P–1431 ............................. Arch Chemicals, Inc. ............................................... § 171.12 ...................................... Amendments proposed 

based on petition. 

P–1455 ............................. Dangerous Goods Advisory Council ....................... § 178.503 .................................... Amendments proposed 

based on petition. 

*Each of these petitions can be viewed at the Dockets Management System Web site at: http://dms.dot.gov/reports/rspa_report.cfm. 


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II. Summary of Proposed Regulatory 

Changes by Section 

Part 171 

Section 171.8. We propose to remove 

the definition for ‘‘strong outside 

container’’ and add a new definition for 

‘‘strong outer packaging.’’ Currently, the 

HMR use the terms ‘‘strong outside 

container’’ and ‘‘strong outer packaging’’

interchangeably; however, there is no 

definition for ‘‘strong outer packaging’’

in § 171.8. Therefore, we are proposing 

to remove the definition for ‘‘strong 

outside container’’ and add a definition 

for ‘‘strong outer packaging.’’ The term 

‘‘strong outside container’’ is used only 

once in the HMR in § 173.338; therefore, 

we are also proposing to revise the 

reference to read ‘‘strong outer 

packaging.’’ Use of one defined term 

when referring to ‘‘strong outer 

packaging’’ will clarify related 

packaging requirements. The proposed 

definition states ‘‘strong outer 

packaging’’ is the outermost enclosure 

for a hazardous material. As proposed, 

a strong outer packaging must meet the 

requirements of part 173, subpart B, but 

need not be tested in accordance with 

part 178 of the HMR. In addition, we 

propose a reference as a reminder to 

shippers intending to offer hazardous 

materials by air that § 173.27 applies to 

strong outer packagings. 

The Association of Container 

Reconditioners (ACR) petitioned 

PHMSA (P–1359) to add definitions for 

‘‘Remanufactured packaging,’’ ‘‘Reused 

packaging,’’ and ‘‘Reconditioned 

packaging’’ to § 171.8. ACR contends 

that these definitions will be easier for 

the reader to find if they are in § 171.8. 

The definitions of ‘‘Remanufactured 

packaging’’ and ‘‘Reconditioned 

packaging’’ contain regulatory 

requirements; therefore we are not 

proposing to move the definitions to 

§ 171.8. However, we agree that there 

should be a reference to the definitions 

for ‘‘Remanufactured packaging’’ and 

‘‘Reconditioned packaging’’ in § 171.8. 

Therefore, we are proposing to insert a 

reader’s aid into § 171.8 to make 

reference to the definitions and 

regulatory requirements in § 173.28. The 

meaning of the term ‘‘reuse’’ is evident 

based on its use in § 173.28 and is not 

used in the HMR other than this section. 

Therefore we see no compelling need to 

add a definition for ‘‘Reused packaging’’

to § 171.8 at this time. 

In this NPRM we are proposing to 

revise the definitions for ‘‘Bulk 

packaging’’ and ‘‘Non-bulk packaging’’

based on the particular packaging 

specification at issue and volumetric 

capacity. The current definitions read as 

follows: 

Bulk packaging means a packaging, other 

than a vessel or a barge, including a transport 

vehicle or freight container, in which 

hazardous materials are loaded with no 

intermediate form of containment and which 

has: 

(1) A maximum capacity greater than 450 

L (119 gallons) as a receptacle for a liquid; 

(2) A maximum net mass greater than 400 

kg (882 pounds) and a maximum capacity 

greater than 450 L (119 gallons) as a 

receptacle for a solid; or 

(3) A water capacity greater than 454 kg 

(1000 pounds) as a receptacle for a gas as 

defined in § 173.115 of this subchapter. 

Non-bulk packaging means a packaging 

which has: 

(1) A maximum capacity of 450 L (119 

gallons) or less as a receptacle for a liquid; 

(1) A maximum net mass greater of 400 kg 

(882 pounds) or less and a maximum 

capacity of 450 L (119 gallons) or less as a 

receptacle for a solid; or 

(2) A water capacity of 454 kg (1000 

pounds) or less as a receptacle for a gas as 

defined in § 173.115 of this subchapter. 

Monsanto Company petitioned 

PHMSA (P–1173) to revise the 

definition for ‘‘Non-bulk packaging’’ by 

changing ‘‘and’’ to ‘‘or’’ in paragraph (2) 

to read ‘‘A maximum net mass of 400 kg 

(882 pounds) or less or a maximum 

capacity of 450 L (119 gallons) or less 

as a receptacle for a solid.’’ If this 

change were to be made, packagings 

with a volume greater than 450 L (119 

gallons) with a net mass of less than 400 

kg (882 pounds) would be defined as 

non-bulk packagings. It has been our 

long-standing interpretation that such 

packagings are defined as bulk 

packagings. Through letters of 

interpretation issued from the Office of 

Hazardous Materials Standards, we have 

stated the bulk packaging definition is 

based on the capacity of the receptacle, 

not on the actual amount contained 

therein at the time of shipment. We are 

not proposing to change the meaning of 

bulk packaging or non-bulk packaging 

in this NPRM, only clarify how they are 

defined. 

However, we agree the definitions for 

‘‘Bulk packaging’’ and ‘‘Non-bulk 

packaging’’ should be revised to provide 

clarity in the HMR. For example, under 

the current language in the HMR, a 

person attempting to determine whether 

a UN 4G fiberboard box is a non-bulk 

packaging must first carefully read the 

definition for non-bulk packaging in 

§ 171.8 and must also read the standards 

for fiberboard boxes in § 178.516. A 

packaging manufacturer must consult 

§§ 171.8 and 178.516 to determine the 

restrictions on size and capacity before 

designing, constructing, and testing a 

UN 4G fiberboard box. 

To reduce confusion and clarify the 

definitions for ‘‘bulk packaging’’ and 

‘‘non-bulk packaging,’’ in this NPRM, 

we propose to define the terms as 

follows: 

Bulk packaging means: 

(1) Any specification cargo tank, tank car, 

or portable tank constructed and marked in 

accordance with part 178 of this subchapter; 

(2) Any Specification 3AX, 3AAX or 3T 

cylinder constructed, marked and certified in 

accordance with subpart C of part 178 of this 

subchapter. 

(3) Any Industrial Packaging, Type A, Type 

B, Intermediate Bulk Container, Large 

Packaging, or non-specification packaging 

that has a volumetric capacity of greater than 

450 L (119 gallons). 

Non bulk packaging means: 

(1) Any packaging constructed, marked, 

tested and certified as meeting the standards 

specified in Subparts L and M of Part 178 of 

this subchapter. 

(2) Except for Specifications 3AX, 3AAX 

and 3T, any Specification cylinder 

constructed, marked and certified in 

accordance with subpart C of part 178 of this 

subchapter. 

(3) Any Industrial Packaging, Type A, Type 

B, Intermediate Bulk Container, Large 

Packaging, or non-specification packaging 

that has a volumetric capacity of 450 liters 

(119 gallons) or less. 

In addition to the revised definitions, 

we are proposing to amend subpart L of 

part 178 to include capacity limitations 

applicable to individual DOT 

specification packagings. For example, a 

plywood box would be limited to a 

maximum volumetric capacity of 450 L 

(119 gallons). Using these proposed 

definitions, a person would determine 

that a UN 4G is a non-bulk packaging 

based on the definition in § 171.8 alone. 

Similarly, based on the proposed 

revisions to part 178, subpart L, a 

packaging manufacturer could 

determine the size and capacity 

restrictions in one section without 

referring back to § 171.8. 

The proposed revisions do not change 

the current thresholds under which 

packagings are defined as bulk or nonbulk. Rather, the intended effect of these 

revisions is to clarify the current 

definitions, thereby eliminating 

confusion and enhancing voluntary 

compliance. 

The definitions in this NPRM for 

‘‘bulk packaging’’ and ‘‘non-bulk 

packaging’’ clarify packagings with a 

volume of 450 L (119 gallons) or less 

and with a gross mass of more than 400 

kg are defined as ‘‘Non-bulk 

packagings.’’ Packagings with a volume 

greater than 450 L (119 gallons) and 

with a gross mass less than or equal to 

400 kg are defined as ‘‘Bulk 

packagings.’’ We are currently reviewing 

these definitions to determine if we 

should revise or eliminate the 

volumetric capacity limits for 

individual packagings and the impact of 

such revisions. Specifically, we are 


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52020 Federal Register / Vol. 71, No. 170 / Friday, September 1, 2006 / Proposed Rules 

considering eliminating the volumetric 

limit for boxes, IBC’s, and portable 

tanks. We ask commenters to address 

the following questions, to the extent 

possible, when submitting comments to 

the NPRM: 

1. Should we eliminate the volumetric 

limit for boxes, IBC’s, and portable 

tanks? 

2. What are the regulatory and/or cost 

impacts of eliminating the volumetric 

limit for boxes, IBC’s, and portable 

tanks? 

3. Would this be more consistent with 

the UN Recommendations? 

4. How should marking, labeling and 

placarding issues be addressed if the 

volumetric limit is removed or changed? 

In this NPRM, we are proposing to 

add new standards for Large Packagings 

and to revise § 178.801(i) to remove the 

requirement for approval before 

manufacture and use of Large 

Packagings. As a result, it is necessary 

to make minor revisions to the 

definition of Large Packaging. We are 

removing the reference to § 178.801, 

inserting references to the proposed new 

subparts P and Q to part 178, and 

removing the reference to gross mass to 

be consistent with the proposed changes 

to the definitions for ‘‘Bulk packaging’’

and ‘‘Non-bulk packaging.’’

Section 171.12. Arch Chemicals, Inc. 

(‘‘Arch’’) petitioned PHMSA (P–1431) to 

amend § 171.12, which establishes 

requirements for import and export 

shipments, to reference the marking 

requirement in § 172.313(b). Section 

172.313, paragraph (b) requires plastic 

and composite non-bulk packagings 

containing Division 6.1 material to be 

marked ‘‘POISON’’. In its petition, Arch 

states that as a result of § 171.12 having 

no provision for compliance with 

§ 172.313, import shipments need not 

have this marking. Arch suggests that 

this is an inconsistency in the HMR. We 

agree this is an oversight and are 

proposing to add a new paragraph 

(b)(13) to § 171.12 to require import and 

export shipments transported under 

§ 171.12 to comply with § 172.313(b). 

Part 172 

The Hazardous Materials Table 

(HMT). In this NPRM, we are proposing 

to amend the entries for 

‘‘Azodicarbonamide’’ and ‘‘Isosorbide-5- 

mononitrate.’’ Because these materials 

pose similar hazards, they are best 

packaged in the same manner as Musk 

xylene (5-tert-Butyl-2,4,6-trinitro-mxylene); therefore we are changing their 

references for non-bulk packaging to 

§ 173.223. In addition, we are proposing 

to authorize the transportation of certain 

explosives in Large Packagings 

consistent with the UN 

Recommendations. Therefore several 

entries for explosives are revised to read 

‘‘62’’ rather than ‘‘none’’ in Column (8c). 

In addition, we are proposing to make 

editorial changes to the special 

provisions and vessel stowage 

requirements for these entries in the 

HMT. 

Section 172.102. In this NPRM, we are 

proposing to add two new subparts to 

Part 178 to authorize the construction of 

Large Packagings. To authorize the use 

of these Large Packagings, we are 

proposing to revise paragraph (c)(4) to 

include provisions for Large Packagings. 

The revised language will specify that 

Large Packagings are authorized when a 

table entry specifies Special Provision 

IB3 or IB8. In this section, we will also 

restrict the use of Large Packagings to 

Packing Group III materials, with the 

exception of the following PG II entries, 

which will be authorized via a new 

Special Provision 41: UN 2531, 

Methacrylic acid, stabilized and UN 

3291, Regulated medical waste, n.o.s. 

We are proposing to authorize these two 

Packing Group II entries to be consistent 

with the UN Recommendations. We 

propose to insert a new Table 3 

authorizing Large Packagings and to 

revise Table 1 so IB3 and IB8 reference 

the new Table 3. 

Section 172.514. We are proposing to 

add Large Packagings to the types of 

packagings that may be placarded on 

only two opposite sides or labeled 

instead of placarded. 

Part 173 

Section 173.12. The Reusable 

Industrial Packaging Association (RIPA) 

petitioned PHMSA (P–1328) to amend 

§ 173.12(c), which establishes 

conditions for reuse of previously used 

packagings for the transportation of 

hazardous waste. In its petition, RIPA 

states that the minimum thickness 

criteria specified in § 173.28(b)(4) for 

the reuse of metal and plastic drums 

and jerricans, should be applied to 

packagings reused for hazardous waste 

under the exception in § 173.12(c). RIPA 

believes this is an oversight and was 

inadvertently incorporated into the 

HMR as part of Docket HM–181 

(December 21, 1990; 55 FR 52401). 

The exception in § 173.12(c) is not 

authorized for packaging intended to be 

used more than two times (initial use 

and the return shipment of the waste 

product). A package may only be 

shipped under this exception once and 

must meet the following conditions; (1) 

It may only be transported by highway; 

(2) it must be loaded by the shipper and 

unloaded by the consignee or shipped 

by a private motor carrier; and (3) the 

packaging may not be offered for 

transportation less than twenty four 

hours after it is finally closed for 

transportation and each package must 

be inspected for leakage and found to be 

free from leaks immediately prior to 

being offered for transportation. If the 

packaging is subsequently reused, it will 

be subject to the minimum thickness 

requirements in § 173.28(b)(4). The 

significant restrictions of § 173.12(c) and 

fact that the exception may only be used 

once per packaging make it unnecessary 

to require a shipper to comply with the 

minimum thickness criteria in 

§ 173.28(b)(4). Therefore, we do not 

believe that these packages that comply 

with the restrictions in § 173.12(c) need 

to comply with the minimum thickness 

criteria in § 173.28(b)(4). We do not 

believe that the costs associated with 

the impacts of RIPA’s request are 

commensurate with the benefits. 

Section 173.22. We are proposing to 

revise the shipper’s responsibilities in 

§ 173.22(a)(4) to include the 

requirement to maintain a copy of the 

manufacturer notification, closure 

instructions, and supporting 

documentation for variations in 

§ 178.601(g). Current requirements 

specify that the person transferring the 

package to the shipper or distributor 

must furnish a copy of the notification; 

however, there is no requirement for the 

shipper to retain the documentation. 

Within an organization, a person other 

than the person who will be closing the 

package may receive the written 

notification. In addition, a packaging 

might not be filled and closed for 

months or years after it has been 

transferred to an individual or company. 

In these circumstances the written 

notification may be lost or unavailable 

to the person closing the package. We 

are proposing these changes to ensure 

each shipper will properly close 

packagings. 

Section 173.24b. We are proposing a 

new paragraph to clarify that packages 

not designated and tested for stacking 

may not be stacked during 

transportation. In addition, we are 

proposing to clarify that packages 

intended for stacking may not have 

more weight superimposed upon them 

than is marked on the packaging. 

Section 173.28. We are proposing to 

add an additional sentence to 

paragraphs (a) and (f) to clarify that 

packagings not meeting minimum 

thickness criteria may not be 

reconditioned or remanufactured. 

Section 173.35. In paragraph (h)(2), 

we are proposing to correct an error in 

the pressure limitation for metal IBCs. 

Currently, paragraph (h)(2) prohibits the 

gauge pressure in a metal IBC from 

exceeding 110 kPa (16 psig) at 50 °C 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 71, No. 170 / Friday, September 1, 2006 / Proposed Rules 52021 

(122 °F) or 130 kPa (18.9 psig) at 55 °C 

(131 °F). Use of the term ‘‘gauge 

pressure’’ is an error. We are proposing 

to correct this by changing ‘‘gauge 

pressure’’ to ‘‘vapor pressure.’’

Section 173.36. In this NPRM we are 

proposing to add two new subparts to 

Part 178 to authorize the manufacture of 

large packagings. In this section, we are 

adding operational requirements for the 

use of Large Packagings. This new 

section would address the Large 

Packaging filling limits and procedures. 

Before being filled and offered for 

transportation, every Large Packaging 

would be visually inspected to ensure 

that it is free from corrosion, 

contamination, cracks, or other damage 

that would render the Large Packaging 

unsafe for transportation. We are 

proposing that inner paper or flexible 

plastic packagings must be replaced 

with new inner packagings prior to 

reuse of the Large Packaging. We are 

also proposing requirements for mixed 

content Large Packagings based on the 

current non-bulk combination 

packaging requirements specified in 

§ 173.24a. 

Section 173.62. In accordance with 

the UN Recommendations, we are 

proposing to authorize Large Packagings 

for the transportation of certain 

explosives. We are proposing to revise 

packaging instruction 130 in the Table 

of Packing Methods to include certain 

Large Packagings. 

Section 173.223. We are proposing to 

revise this section for consistency with 

the proposed revised HMT entries for 

‘‘Azodicarbonamide’’ and ‘‘Isosorbide-5- 

mononitrate.’’

Sections 173.240 through 173.242. We 

are proposing to amend these three 

generic bulk packaging sections to 

authorize Large Packagings and to 

reference § 172.102, Table 2 for 

determining authorized Large 

Packagings. In these sections we are also 

proposing to clarify that Large 

Packagings are not authorized for 

Packing Group I or II hazardous 

materials. 

Section 173.249. Under Docket HM–

215G (69 FR 76043), published on 

December 20, 2004, we revised 

paragraph (c) to authorize the return of 

portable tanks containing a residue of 

bromine. In this NPRM, we propose to 

revise paragraph (b) to authorize the 

transportation of bromine residue in 

cargo tanks to facilitate the return of 

empty cargo tanks with a bromine 

residue. 

Section 173.338. We are proposing to 

remove the reference to ‘‘strong outside 

container’’ and replace it with ‘‘strong 

outer packaging.’’

Part 174 

Section 174.63. In § 174.63, we are 

proposing to change the section title and 

paragraph (a) to reflect the addition of 

Large Packagings to the HMR. 

Part 178 

Section 178.2. Current requirements 

in paragraph (c)(1)(ii) specify that 

closure instructions must be provided to 

whomever a packaging is transferred. 

However, the HMR do not specify how 

detailed the closure instructions must 

be or what they must include. As a 

result, shippers may not know how to 

properly close a package so it can be 

transported safely. Closure instructions 

generally must provide for a consistent 

and repeatable means of closure. To this 

end, the manufacturer’s closure 

instructions could specify a range of 

torque values applicable to the closure. 

Similarly, the closure instructions could 

include a specific closure method (e.g., 

tighten the cap until the bottle contacts 

the cap gasket and then tighten an 

additional 3⁄4 turn). As an alternative, 

the packaging and closure could be 

designed to ensure an effective closure. 

For example, the packaging could be 

designed with a stop feature or other 

indexing to indicate how the cap should 

be tightened. The manufacturer’s 

closure instructions should be 

consistent with the language in the test 

report and must be written so the user 

is able to duplicate the closure method 

based on the instructions. In this NPRM, 

we are proposing to revise 

§ 178.2(c)(1)(ii) to clarify that closure 

instructions must provide for a 

measurable and repeatable means of 

closure consistent with the means of 

closure used for performance testing. 

Sections 178.3 and 178.503. The Steel 

Shipping Container Institute (SSI) 

petitioned PHMSA (P–1371) to modify 

marking requirements under 

§§ 178.3(a)(5) and 178.503(a)(10) for 

packagings with a gross mass of more 

than 30 kg (66 pounds). Currently, 

packages with a gross mass of more than 

30 kg (66 pounds) must be marked on 

the top or side. If the package marking 

is on the bottom, then a duplicate 

marking must be on the side or top. 

SSI’s petition relates to this duplicate 

marking. In its petition, SSI requests a 

change in the language in § 178.3(a)(5) 

to allow the duplicate marking, when 

applicable, to be a lesser design 

standard than is marked on the bottom 

of the package. For example, a package 

would be tested and marked on the 

bottom as meeting the Packing Group I 

performance standard and the duplicate 

marking on the side would indicate that 

the packaging is certified to the Packing 

Group II performance standard. In this 

NPRM, we are proposing to revise these 

two paragraphs to allow a lesser design 

standard on the side or top marking 

than that which is required on the 

bottom. This change would not impact 

safety and would allow drum 

manufacturers more flexibility when 

manufacturing and reusing drums. 

The Dangerous Goods Advisory 

Council (DGAC) petitioned PHMSA (P– 

1455) to allow stenciling of the United 

Nations symbol. The HMR do not now 

prohibit stenciling of the UN symbol; 

however, the current marking 

requirements in § 178.503 discourage 

stenciling because they do not tolerate 

even small gaps in the circle 

surrounding the letters ‘‘u’’ and ‘‘n.’’ 

The only way to stencil the UN symbol 

without leaving gaps in the circle is to 

use a two-step stenciling system. DGAC 

states that controlling a two-step process 

introduces variability, which often 

results in a smeared image. In response, 

we are proposing to revise § 178.503 

paragraphs (a)(1) and (e)(1) to include 

an objective standard under which 

small gaps in the United Nations symbol 

would be permitted. So that the symbol 

will remain readily identifiable, we are 

proposing to restrict the gaps to a size 

no greater than ten percent of the 

circumference of the circle and the 

number of gaps to no more than three. 

In addition, we are proposing to amend 

the language in paragraph (a)(1) to 

authorize this exception. 

Sections 178.512 through 178.521. We 

are proposing to amend §§ 178.512 

through 178.521 to specify volumetric 

capacity may not exceed 450 L (119 

gallons) for the following packaging 

design types: aluminum boxes, natural 

wood boxes, plywood boxes, 

reconstituted wood boxes, fiberboard 

boxes, plastic boxes, woven plastic bags, 

plastic film bags, textile bags, and paper 

bags. We are proposing these revisions 

together with revisions to the 

definitions for ‘‘Bulk packaging’’ and 

‘‘Non-bulk packaging’’ in an effort to 

eliminate uncertainty in determining if 

a package is a bulk package or a nonbulk package. 

Section 178.601. Under current 

requirements, § 178.601(g)(1) provides 

an exception (Variation 1) that allows a 

person to substitute an inner receptacle 

if they determine that the inner 

packaging, including its closure, 

maintains an equivalent level of 

performance. As written, the current 

requirements allow substitution of the 

inner receptacle without any 

documentation of how the person 

making the substitution concluded the 

inner receptacle is equivalent. We are 

proposing to revise § 178.601(g)(1) to 


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specify that the person making a change 

to a packaging design under the 

provisions of a selective testing 

variation must document in writing the 

methodology used. 

The Steel Shipping Container 

Institute (SSCI) petitioned PHMSA (P–

1337) to make several changes to the 

provisions in § 178.601(g)(8), which 

apply to the approval of selective testing 

of steel drums that differ in minor 

respects from a tested type of drum. The 

changes proposed by SSCI would allow 

drums with capacities between twelve 

and fifty liters to be excepted from retesting design types found under 

§ 178.601(g)(8). We are proposing to 

revise § 178.601(g)(8) to include drums 

with a capacity of 12 liters (3 gallons) 

or more. However, we do not agree with 

SSCI that § 178.601(g)(8)(viii) should be 

changed to allow increased thickness of 

1.35 mm before being considered a 

‘‘different packaging.’’ When a drum’s 

thickness is altered, the properties of the 

drum are changed, and further testing 

must be conducted. Therefore, we are 

not proposing this provision in SSCI’s 

petition. 

We are proposing to revise 

§ 178.601(k) to authorize a lesser 

quantity of test samples used in testing 

of stainless steel drums. PHMSA has 

issued numerous approvals to 

manufacturers authorizing the use of 

fewer than eighteen test samples. We are 

proposing to add the provisions found 

in these approvals to § 178.601(k). 

Section 178.700. We propose to revise 

the lower volumetric limit for flexible 

IBCs (FIBCs). In Docket HM–181E (59 

FR 38068), published July 26, 1994, we 

defined ‘‘Body’’ as having a lower limit 

of 450 liters, thus precluding the 

manufacture of IBCs with a volume of 

less than 450 L. In reviewing the HMR, 

we have identified a gap in the 

allowable packaging specifications for 

flexible packagings with a capacity 

between 50 kg and 400 kg. To remedy 

this gap, we are proposing to allow bags 

between 50 kg and 400 kg to be 

manufactured and tested under IBC 

standards in subparts N and O of part 

178. We are currently reviewing the 

HMR to determine if we should 

eliminate the lower limit for other IBCs 

as well. To facilitate this review, we 

request comments addressing the 

following questions, to the extent 

possible, when submitting comments to 

the NPRM: 

1. Is it necessary to address flexible 

packagings/bags between 50 kg and 450 

kg or is there little or no practical 

application for such packagings? 

2. Should we remove the lower limit 

for all IBC design types? 

3. Is it necessary to add further testing 

requirements for IBCs with a capacity of 

450 liters (119 gallons) or less due to 

difference in the way non-bulk packages 

are handled in transportation? 

4. Are the re-testing provisions for 

IBCs in part 180 sufficient for a 

packaging with a capacity less than 450 

liters (119 gallons)? 

Section 178.703. In § 178.503 we are 

proposing to revise language to 

authorize small gaps in the United 

Nations symbol. This would allow 

stenciling of the symbol. To make this 

change, it is also necessary to propose 

amended language to paragraph (a)(1)(i) 

to authorize stenciling of the United 

Nations symbol for IBCs. 

Connelly Containers petitioned 

PHMSA (P–1356) to change the marking 

requirements for rigid fiberboard IBCs 

(11G). Specifically, Connelly Containers 

requests a change in the wording in 

§ 178.703(a)(iv) to except packagings of 

type 11G from the requirement to mark 

the month of manufacture. Connelly 

Containers states in its petition that 

non-bulk fiberboard boxes (4G) are only 

required to mark the year of 

manufacture while IBCs (11G) must 

have both month and year marked on 

the packaging. 

We are not proposing to adopt such 

changes. The reuse requirements for 

IBCs are different than those for nonbulk packagings such as 4G fiberboard 

boxes. It is necessary for a person who 

intends to reuse an IBC to know both 

the month and year of manufacture 

before refilling the packaging because 

these markings are used to determine if 

a retest is due. If a retest is due, the refiller must retest the packaging prior to 

filling. 

Sections 178.705 through 178.710. We 

are proposing to move the lower limit 

for IBCs currently in the definition of 

‘‘Body’’ in § 178.700 to the individual 

standards in §§ 178.705 through 

178.710. These are more appropriate 

sections for the lower limit and will 

result in better understanding of the 

individual IBC specifications. In 

addition, we are proposing to authorize 

smaller flexible IBCs in § 178.710 by 

decreasing the limit to 50 kilograms. We 

are retaining the 400 kilogram lower 

limit for rigid IBCs; however, as 

previously stated, we invite your 

comments on this issue. 

Section 178.801. In this NPRM, we 

propose to add new standards for Large 

Packagings. Therefore, the reference to 

UN standards for Large Packagings in 

§ 178.801(i) will no longer be necessary 

to authorize the use of Large Packagings. 

We propose to remove the third and 

fourth sentences in paragraph (i) of this 

section. 

Section 178.810. We are proposing a 

second drop test for IBCs with a 

capacity of 0.45 cubic meters (15.9 cubic 

feet) or less. In this NPRM, we are 

proposing to remove the lower limit of 

450 liters (119 gallons) and 0.45 cubic 

meters (15.9 cubic feet) from the 

specifications for FIBCs. Non-bulk 

packaging are handled in transportation 

in a different manner than IBC’s. Often 

loading and unloading of a transport 

vehicle is performed without the use of 

a mechanical handling device like a fork 

lift or hoist. Non-bulk packages are more 

likely to be dropped while in 

transportation. Therefore, over the past 

ten years, when issuing an approval 

issued in accordance with § 178.801(i) 

we have imposed an additional drop 

test for non-bulk capacity IBCs. We 

propose to incorporate this additional 

drop test in § 178.810. 

Section 178.815. We propose to revise 

§ 178.815 by adding a new paragraph 

(e)(4) to describe the passing criteria for 

the dynamic compression test. This 

revision clarifies existing requirements. 

Section 178.819. We are proposing to 

revise subparagraphs (b)(1) and (2) to 

clarify testing provisions and provide 

additional options when performing the 

vibration test. In paragraph (b)(1), we 

would clarify that water is a suitable test 

filler material for the vibration test. In 

paragraph (b)(2), we would clarify that 

a vibrating platform may be used that 

will produce rotary double-amplitude. 

Subparts P and Q to Part 178. Under 

Docket HM–215D (66 FR 33316), 

published June 21, 2001, we added a 

provision to authorize Large Packagings 

under approval from the Associate 

Administrator to § 178.801. In this 

NPRM, we are proposing to remove the 

approval requirement and add two new 

subparts (P and Q) to part 178 for the 

design, construction, and testing of 

Large Packagings. Adding the 

manufacture, testing and use 

requirements into the HMR provides 

additional flexibility and effectively 

removes the need to apply for an 

approval to manufacture and use these 

packagings in the United States. The 

design, construction and testing 

requirements are based on the UN 

Recommendations on the Transport of 

Dangerous Goods, Thirteenth Revised 

Edition (2003); Chapter 6.6 

Requirements for the Construction and 

Testing of Large Packagings. The 

regulatory layout and language is 

modeled on the current requirements for 

IBCs and includes: 

Section 178.900. This section 

discusses the general purpose and scope 

of Subpart P. 

Section 178.902. This section 

designates Large Packaging codes. For 


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example, ‘‘50’’ would designate rigid 

Large Packagings and ‘‘G’’, like other 

specification packagings, would 

designate fiberboard. 

Section 178.903. In this section we are 

proposing to specify requirements for 

certification marking of Large 

Packagings. The Large Packaging 

certification mark would be comprised 

of the following elements: the ‘‘UN’’

symbol specified in § 178.503(e)(1), 

code numbers designating the Large 

Packaging design type, performance 

level achieved by the package (i.e., 

Packing Group), month and year of 

manufacture, country where the 

packaging was authorized (e.g., USA), 

name and address or symbol of the 

manufacturer, stacking test load in 

kilograms, and maximum permissible 

gross mass (for flexible Large 

Packagings, the maximum permissible 

load in kilograms). The NPRM provides 

three examples of Large Packaging 

certification marking. 

Sections 178.904 through 178.909. 

Sections 178.904 through 178.909 

contain performance standards for Large 

Packagings. 

Section 178.1000. This section 

describes the general purpose and scope 

of the new Subpart Q. 

Section 178.1001. In this section, we 

propose general testing, inspection, and 

recordkeeping requirements for Large 

Packagings. We propose to require 

design qualification testing to be 

conducted at the start of production of 

each new or different Large Packaging 

design type and to require production 

testing and inspection for each newly 

manufactured Large Packaging. In 

addition, Large Packaging 

manufacturers would be required to 

keep records for the qualification of 

each Large Packaging design type and 

for each periodic design re-qualification. 

Records would be maintained at each 

location where a Large Packaging is 

manufactured and at each location 

where Large Packaging design 

qualification and periodic design requalification testing is performed. 

Records would be required to be 

maintained for as long as Large 

Packagings are manufactured in 

accordance with each qualified design 

type and for at least two years thereafter. 

Section 178.1002. In this section, we 

propose requirements for the 

preparation of Large Packagings for 

testing. Preparation of packages, as 

required for non-bulk packagings and 

IBCs, includes requirements for filling 

and conditioning of packagings prior to 

conducting testing. 

Section 178.1010. This section 

establishes the drop test requirements 

for Large Packagings. The test 

requirements would be similar to those 

for IBCs and non-bulk packagings in 

§§ 178.603 and 178.810. Large 

Packagings intended to contain liquids 

would be required to be filled to at least 

ninety-eight percent of their capacity, 

and ninety-five percent for solids, in 

preparation for the drop test. Rigid 

Plastic Large Packagings and Large 

Packagings with plastic inner 

receptacles would be drop tested when 

samples and components have been 

conditioned to ¥18 °C (0 °F). Samples 

of Large Packaging design types would 

be dropped onto a non-resilient, 

smooth, flat surface. The point of impact 

would be the most vulnerable part of the 

base of the Large Packaging being tested. 

Section 178.1011. This section 

contains provisions for a bottom lift test 

for Large Packagings design types 

designed to be lifted from the base. 

Section 178.1012. This section 

contains provisions for a top lift test for 

Large Packaging design types that are 

designed to be lifted from the top and 

Flexible Large Packagings designed to 

be lifted from the side. 

Section 178.1015. We propose to 

require a stacking test for all Large 

Packaging design types designed to be 

stacked. Rigid plastic Large Packagings 

that bear the stacking load would be 

subject to the stacking test for twentyeight days; fiberboard and wooden Large 

Packagings would be subject to the 

stacking test for twenty-four hours; and 

all other Large Packagings intended to 

be stacked would be subject to the 

stacking test for five minutes. In this 

NPRM, we are proposing to make minor 

changes to § 178.815 for clarity and to 

define passing criteria for the dynamic 

compression test. The proposed new 

§ 178.1015 is modeled after the 

proposed revision to § 178.815. 

Section 178.1019. This section 

provides a vibration test for the 

qualification of all Large Packaging 

design types. Flexible Large Packagings 

would have to be capable of passing the 

vibrations test; all other Large Packaging 

design types would be subject to the 

vibration test. 

III. Sunset Provision 

In an effort to maintain up-to-date 

regulations and minimize regulatory 

burdens, PHMSA is considering 

including ‘‘sunset’’ provisions in some 

or all of the amendments proposed in 

this NPRM. The inclusion of sunset 

provisions in new regulatory 

requirements would cause those 

requirements to expire 10 years after the 

publication date of the final rule, unless 

repealed or extended sooner by the 

agency. Such a ‘‘sunset’’ provision 

would require us to initiate a future 

rulemaking proceeding, and to take 

account of intervening developments 

and data, in order to retain the 

regulation beyond its sunset date. A 

future rulemaking could extend the 

sunset date, revise or rewrite the 

changes to the HMR proposed in this 

NPRM, or completely revise the HMR. If 

we choose to do nothing, after the 

sunset date, the subject regulation 

would revert back to the language and 

requirements in effect before the 

issuance of the final rule. We are 

inviting comments regarding the 

inclusion of a sunset provision for any 

or all of the requirements proposed in 

this NPRM. We ask that commenters 

address the safety, economic, and other 

policy considerations favoring or 

disfavoring sunsetting. 

IV. Rulemaking Analysis and Notices 

A. Statutory/Legal Authority for This 

Rulemaking 

This notice is published under 

authority of 49 U.S.C. 5103(b), which 

authorizes the Secretary of 

Transportation to prescribe regulations 

for the safe transportation, including 

security, of hazardous materials in 

intrastate, interstate, and foreign 

commerce. This notice adopts 

regulations to enhance the safe and 

secure transportation of hazardous 

materials by aircraft in intrastate, 

interstate, and foreign commerce. To 

this end, as discussed in detail earlier in 

this preamble, this notice revises 

miscellaneous HMR requirements 

applicable to hazardous materials 

packaging. 

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This proposed rule is not considered 

a significant regulatory action under 

section 3(f) of Executive Order 12866 

and, therefore, was not subject to formal 

review by the Office of Management and 

Budget. This proposed rule is not 

considered significant under the 

Regulatory Policies and Procedures of 

the Department of Transportation (44 FR 

11034). 

The cost impacts of the changes 

proposed in this rulemaking are 

expected to be minimal. Many of the 

proposed amendments in this 

rulemaking are intended to clarify 

current regulatory requirements specific 

to the construction and use of non-bulk 

and bulk packagings and do not impose 

any additional costs on the regulated 

community. The most significant 

proposals in the NPRM relate to: (1) The 

manufacture, testing and use of a new 

packaging category called ‘‘Large 

packagings’’ (2) the information 


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required to be contained in a packaging 

test report prepared by the person 

certifying compliance with the HMR; (3) 

requiring shippers to maintain a copy of 

the manufacture notification already 

under current requirements provided to 

them by the packaging manufacture; and 

(4) providing guidance to packaging 

manufacturers on how to instruct 

shippers to effectively assemble and 

close packagings. 

A ‘‘Large packaging’’ is a type of 

packaging design authorized by the UN 

Recommendations but currently only 

authorized in the HMR through an 

approval. Adding the manufacture, 

testing and use requirements into the 

HMR provides additional flexibility and 

effectively removes the need to apply 

for an approval to manufacture and use 

these packagings in the United States. 

This proposal will lead to a reduction in 

cost to the regulated community. This 

NPRM includes proposals to require 

Large Packaging manufacturers to keep 

records for the qualification of each 

design type and for each design 

requalification. We expect this 

recordkeeping requirement will apply to 

fewer than 10 regulated entities. Thus, 

the overall impact of this requirement 

will be minimal and will be more than 

offset by the additional flexibility 

provided by eliminating the current 

approval provisions. 

Currently under the HMR, a person 

certifying that a packaging meets the 

construction and testing requirements 

for UN standard packaging must retain 

documentation relative to the: (1) Name 

and address of the packaging 

manufacture and testing facility; (2) 

material of construction; (3) capacity, 

dimensions, closures, and method of 

closures; and (4) test results. However, 

all of the record retention requirements 

associated with UN standard packaging 

certification are currently spread out 

throughout the HMR. This NPRM 

proposes to locate all of the record 

retention requirements associated with 

UN standard packaging certification into 

a clear and concise location in the HMR. 

This proposal should not result in any 

additional cost impacts on the regulated 

community. 

We propose to require shippers to 

maintain a copy of the manufacture’s 

notification for one year. Current 

requirements specify that the packaging 

manufacturer must provide the 

notification. Our proposal to require the 

shipper to maintain a copy of a 

document already provided to it should 

result in minimal, if any, additional 

cost. 

We are also proposing to revise the 

HMR by providing guidance to 

packaging manufacturers on how to 

instruct shippers to effectively assemble 

and close packagings. Currently 

packaging manufacturers must provide 

closure instructions. There is still some 

confusion as to what closure methods 

are acceptable. We are proposing to 

revise the HMR to ensure that the 

manufacturer’s closure instructions are 

consistent with the language in the test 

report and are written so the user is able 

to duplicate the closure method based 

on the instructions. The rewording of 

this requirement will not result in any 

additional cost to industry. 

This NPRM is designed to increase 

the clarity of the HMR, thereby 

enhancing voluntary compliance with 

existing regulatory requirements while 

reducing compliance costs. Enhanced 

voluntary compliance by the regulated 

community improves overall safety. In 

addition, we anticipate many proposals 

contained in this rule will have 

economic benefits. For example, the 

NPRM proposes to broaden the scope of 

several packaging exceptions, which 

manufacturers and shippers may use to 

reduce transportation costs. Moreover, 

the incorporation of Large Packaging 

specifications into the HMR will 

eliminate the need for shippers to obtain 

an approval from PHMSA in order to 

use Large Packagings, thus increasing 

flexibility and reducing transportation 

costs. Finally, incorporation of the Large 

Packaging specifications into the HMR 

and adoption of other provisions 

intended to align the HMR with 

international standards will promote 

better understanding of the regulations, 

increased industry compliance, and the 

smooth flow of hazardous materials in 

transportation. 

C. Executive Order 13132 

This notice has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). This notice 

preempts State, local, and Indian tribe 

requirements but does not propose any 

regulation with substantial direct effects 

on the States, the relationship between 

the national government and the States, 

or the distribution of power and 

responsibilities among the various 

levels of government. Therefore, the 

consultation and funding requirements 

of Executive Order 13132 do not apply. 

The Federal Hazardous Materials 

Transportation Law, 49 U.S.C. 5101–

5127, contains an express preemption 

provision (49 U.S.C. 5125(b)) 

preempting State, local, and Indian tribe 

requirements on the following subjects: 

(1) The designation, description, and 

classification of hazardous materials; 

(2) The packing, repacking, handling, 

labeling, marking, and placarding of 

hazardous materials; 

(3) The preparation, execution, and 

use of shipping documents related to 

hazardous materials and requirements 

related to the number, contents, and 

placement of those documents; 

(4) The written notification, 

recording, and reporting of the 

unintentional release in transportation 

of hazardous material; or 

(5) The design, manufacture, 

fabrication, marking, maintenance, 

recondition, repair, or testing of a 

packaging or container represented, 

marked, certified, or sold as qualified 

for use in transporting hazardous 

material. 

This proposed rule addresses subject 

areas 1, 2, 3, and 5 above. If adopted as 

final, this rule would preempt any state, 

local, or Indian tribe requirements 

concerning these subjects unless the 

non-Federal requirements are 

‘‘substantively the same’’ as the Federal 

requirements. 

Federal hazardous materials 

transportation law provides at Sec. 

5125(b)(2) that, if DOT issues a 

regulation concerning any of the 

covered subjects, DOT must determine 

and publish in the Federal Register the 

effective date of Federal preemption. 

The effective date may not be earlier 

than the 90th day following the date of 

issuance of the final rule and not later 

than two years after the date of issuance. 

PHMSA proposes that the effective date 

of Federal preemption will be 90 days 

from publication of a final rule in this 

matter in the Federal Register. 

D. Executive Order 13175 

This notice has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this proposed rule does not 

have tribal implications and does not 

impose direct compliance costs, the 

funding and consultation requirements 

of Executive Order 13175 do not apply. 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires an agency to 

review regulations to assess their impact 

on small entities. An agency must 

conduct a regulatory flexibility analysis 

unless it determines and certifies that a 

rule is not expected to have a significant 

impact on a substantial number of small 

entities. This proposed rule would 

amend miscellaneous packaging 

provisions in the HMR to clarify 


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provisions based on our own initiatives 

and also on petitions for rulemaking. 

While maintaining safety, it would relax 

certain requirements. Many of the 

proposed amendments in this 

rulemaking are intended to clarify 

current regulatory requirements specific 

to the construction and use of non-bulk 

and bulk packagings and do not impose 

any additional costs on small entities. 

This proposed rule has been 

developed in accordance with Executive 

Order 13272 (‘‘Proper Consideration of 

Small Entities in Agency Rulemaking’’) 

and DOT’s procedures and policies to 

promote compliance with the 

Regulatory Flexibility Act to ensure that 

potential impacts of draft rules on small 

entities are properly considered. The 

changes proposed in this Notice will 

enhance safety, and I certify that this 

proposal, if promulgated, would not 

have a significant economic impact on 

a substantial number of small entities. 

F. Unfunded Mandates Reform Act of 

1995 

This notice does not impose 

unfunded mandates under the 

Unfunded Mandates Reform Act of 

1995. It will not result in costs of $120.7 

million or more, in the aggregate, to any 

of the following: State, local, or Native 

American tribal governments, or the 

private sector. 

G. Paperwork Reduction Act 

PHMSA currently has approved 

information collections under OMB 

Control No. 2137–0018, ‘‘Inspection and 

Testing of Portable Tanks and 

Intermediate Bulk Containers,’’ expiring 

on July 31, 2007; OMB Control No. 

2137–0557, ‘‘Approvals for Hazardous 

Materials,’’ expiring on March 31, 2008; 

and OMB Control No. 2137–0572, 

‘‘Testing Requirements for Non-Bulk 

Packaging (Formerly: Testing 

Requirements for Packaging),’’ expiring 

on July 31, 2007. We estimate an 

additional increase in burden as a result 

of this proposed rulemaking. 

Section 1320.8(d), Title 5, Code of 

Federal Regulations requires PHMSA to 

provide interested members of the 

public and affected agencies an 

opportunity to comment on information 

collection and recordkeeping requests. 

This notice identifies proposed new 

requirements regarding large packagings 

to the current information collections 

under OMB Control No. 2137–0018 and 

the incorporation of existing approvals 

into the HMR under OMB Control No. 

2137–0557. Under OMB Control No. 

2137–0572, we anticipate an increase in 

burden resulting from new testing 

requirements for non-bulk packaging. 

PHMSA will submit revised information 

collections to the Office of Management 

and Budget (OMB) for approval based 

on the requirements in this proposed 

rule. We estimate that the additional 

information collection burden as 

proposed under this rulemaking is as 

follows: 

OMB Control No. 2137–0572, ‘‘Testing 

Requirements for Non-Bulk Packaging 

(Formerly: Testing Requirements for 

Packaging).’’

Total Annual Number of 

Respondents: 5,000. 

Total Annual Responses: 15,000. 

Total Annual Burden Hours: 40,000. 

Total Annual Burden cost: 

$941,250.00. 

PHMSA specifically requests 

comments on the information collection 

and recordkeeping burden associated 

with developing, implementing, and 

maintaining these requirements for 

approval under this proposed rule. 

Address written comments to the 

Dockets Unit as identified in the 

ADDRESSES section of this rulemaking. 

We must receive your comments prior 

to the close of the comment period 

identified in the DATES section of this 

rulemaking. Under the Paperwork 

Reduction Act of 1995, no person is 

required to respond to an information 

collection unless it displays a valid 

OMB control number. If these proposed 

requirements are adopted in a final rule 

with any revisions, PHMSA will 

resubmit any revised information 

collection and recordkeeping 

requirements to the OMB for reapproval. 

Please direct your requests for a copy 

of this proposed revised information 

collection to Deborah Boothe or T. 

Glenn Foster, Office of Hazardous 

Materials Standards (PHH–11), Pipeline 

and Hazardous Materials Safety 

Administration (PHMSA), Room 8430, 

400 Seventh Street, SW., Washington, 

DC 20590–0001, Telephone (202) 366–

8553. 

H. Regulation Identifier Number (RIN) 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. The RIN number contained in the 

heading of this document may be used 

to cross-reference this action with the 

Unified Agenda. 

I. Environmental Assessment 

The National Environmental Policy 

Act of 1969 (NEPA), as amended (42 

U.S.C. 4321–4347), requires Federal 

agencies to consider the consequences 

of major federal actions and prepare a 

detailed statement on actions 

significantly affecting the quality of the 

human environment. There are no 

significant environmental impacts 

associated with this notice. We are 

proposing clarifications and changes to 

certain HMR requirements for the 

packaging standards for hazardous 

materials. 

J. Privacy Act 

Anyone is able to search the 

electronic form for all comments 

received into any of our dockets by the 

name of the individual submitting the 

comments (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://dms.dot.gov. 

List of Subjects 

49 CFR Part 171 

Exports, Hazardous materials 

transportation, Hazardous waste, 

Imports, Incorporation by reference, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 172 

Education, Hazardous materials 

transportation, Hazardous waste, 

Labeling, Markings, Packaging and 

containers, Reporting and recordkeeping 

requirements. 

49 CFR Part 173 

Hazardous materials transportation, 

Packaging and containers, Radioactive 

materials, Reporting and recordkeeping 

requirements, Uranium. 

49 CFR Part 174 

Hazardous materials transportation, 

Radioactive materials, Railroad safety. 

49 CFR Part 178 

Hazardous materials transportation, 

Motor vehicle safety, Packaging and 

containers, Reporting and recordkeeping 

requirements. 

In consideration of the foregoing, we 

propose to amend 49 CFR Chapter I as 

follows: 

PART 171—GENERAL INFORMATION, 

REGULATIONS, AND DEFINITIONS 

1. The authority citation for part 171 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5127, 44701; 49 

CFR 1.45 and 1.53; Pub. L. 101–410 section 

4 (28 U.S.C. 2461 note); Pub L. 104–134 

section 31001. 

2. In § 171.8: 


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a. The definitions for ‘‘Reconditioned 

packaging,’’ ‘‘Remanufactured 

packaging,’’ and ‘‘Strong outer 

packaging’’ are added. 

b. The definition for ‘‘Strong outside 

container’’ is removed. 

c. The definitions for ‘‘Bulk 

packaging,’’ ‘‘Large packaging,’’ and 

‘‘Non-bulk packaging’’ are revised. 

The additions and revisions read as 

follows: 

§ 171.8 Definitions and abbreviations. 

* * * * * 

Bulk packaging means: 

(1) Any specification cargo tank, tank 

car, or portable tank constructed and 

marked in accordance with part 178 of 

this subchapter; 

(2) Any Specification 3AX, 3AAX or 

3T cylinder constructed, marked and 

certified in accordance with subpart C 

of part 178 of this subchapter. 

(3) Any Industrial Packaging, Type A, 

Type B, Intermediate Bulk Container, 

Large Packaging, or non-specification 

packaging that has a volumetric capacity 

of greater than 450 L (119 gallons). 

* * * * * 

Large packaging means a packaging: 

(1) Consisting of an outer packaging 

which contains articles or inner 

packagings; 

(2) Designated for mechanical 

handling; and 

(3) Conforming to the requirements 

for the use, construction, testing, and 

marking of Large Packagings as 

specified in §§ 173.36, and subparts P & 

Q of part 178 of this subchapter, 

respectively. 

* * * * * 

Non bulk packaging means: 

(1) Any packaging constructed, 

marked, tested and certified as meeting 

the standards specified in subparts L 

and M of Part 178 of this subchapter. 

(2) Except for Specifications 3AX, 

3AAX and 3T, any Specification 

cylinder constructed, marked and 

certified in accordance with subpart C 

of part 178 of this subchapter. 

(3) Any Industrial Packaging, Type A, 

Type B, Intermediate Bulk Container, 

Large Packaging, or non-specification 

packaging that has a volumetric capacity 

of 450 liters (119 gallons) or less. 

* * * * * 

Reconditioned packaging. See 

§ 173.28 of this subchapter. 

* * * * * 

Remanufactured packagings. See 

§ 173.28 of this subchapter. 

* * * * * 

Strong outer packaging means the 

outermost enclosure which provides 

protection against the unintentional 

release of its contents. It is a packaging, 

which is sturdy, durable, and 

constructed so that it will retain its 

contents under normal conditions of 

transportation, including rough 

handling. In addition, a strong outer 

packaging must meet the general 

packaging requirements of subpart B of 

part 173 of this subchapter but need not 

comply with the specification packaging 

requirements in part 178 of this 

subchapter. For transport by aircraft, a 

strong outer packaging is subject to 

§ 173.27 of this subchapter. 

* * * * * 

3. In § 171.12, paragraph (b)(13) is 

added to read as follows: 

§ 171.12 Import and export shipments. 

* * * * * 

(b) * * * 

(13) Non-bulk plastic outer packaging 

used as a single or composite packaging 

for materials meeting the definition of 

Division 6.1 (in § 173.132 of this 

subchapter) must be marked in 

accordance with § 172.313(b) of this 

subchapter. 

* * * * * 

PART 172—HAZARDOUS MATERIALS 

TABLE, SPECIAL PROVISIONS, 

HAZARDOUS MATERIALS 

COMMUNICATIONS, EMERGENCY 

RESPONSE INFORMATION, AND 

TRAINING REQUIREMENTS 

4. The authority citation for part 172 

continues to read as follows: 

Authority: 49 U.S.C. 5101’5127, 44701; 49 

CFR 1.53. 

§ 172.101 [Amended] 

5. Section 172.101, the Hazardous 

Materials Table is amended to read as 

follows: 

a. The entry ‘‘Azodicarbonamide,’’

Column (8B) the reference ‘‘212’’ is 

removed and ‘‘223’’ is added in its 

place, and in Column (10B) ‘‘12’’ is 

removed and ‘‘2’’ is added in its place. 

b. The entry ‘‘Isosorbide-5- 

mononitrate,’’ Column (7) Special 

Provision 159 is added in the correct 

numeric order and Column (8B) the 

reference ‘‘213’’ is removed and ‘‘223’’

is added in its place. 

c. In Column (8c), for the following 

entries, the word ‘‘None’’ is revised to 

read ‘‘62’’: 

Column (2) entry Column (4) entry 

Ammunition smoke, white phosphorus with burster, expelling charge, or propelling charge ........................................................ UN0245 

Ammunition smoke, white phosphorus with burster, expelling charge, or propelling charge ........................................................ UN0246 

Ammunition, illuminating with or without burster, expelling charge or propelling charge .............................................................. UN0171 

Ammunition, illuminating with or without burster, expelling charge or propelling charge .............................................................. UN0254 

Ammunition, illuminating with or without burster, expelling charge or propelling charge .............................................................. UN0297 

Ammunition, incendiary with or without burster, expelling charge or propelling charge ................................................................ UN0300 

Ammunition, incendiary with or without burster, expelling charge, or propelling charge ............................................................... UN0009 

Ammunition, incendiary with or without burster, expelling charge, or propelling charge ............................................................... UN0010 

Ammunition, incendiary, white phosphorus, with burster, expelling charge or propelling charge ................................................. UN0243 

Ammunition, incendiary, white phosphorus, with burster, expelling charge or propelling charge ................................................. UN0244 

Ammunition, practice ...................................................................................................................................................................... UN0362 

Amminition, practice ........................................................................................................................................................................ UN0488 

Ammunition, proof ........................................................................................................................................................................... UN0363 

Ammunition, smoke with or without burster, expelling charge or propelling charge ..................................................................... UN0015 

Ammunition, smoke with or without burster, expelling charge or propelling charge ..................................................................... UN0016 

Ammunition, smoke with or without burster, expelling charge or propelling charge ..................................................................... UN0303 

Ammunition, tear-producing with burster, expelling charge or propelling charge .......................................................................... UN0018 

Ammunition, tear-producing with burster, expelling charge or propelling charge .......................................................................... UN0019 

Ammunition, tear-producing with burster, expelling charge or propelling charge .......................................................................... UN0301 

Bombs, photo-flash ......................................................................................................................................................................... UN0038 

Bombs, photo-flash ......................................................................................................................................................................... UN0039 

Bombs, photo-flash ......................................................................................................................................................................... UN0299 

Bombs, with bursting charge .......................................................................................................................................................... UN0034 

Bombs, with bursting charge .......................................................................................................................................................... UN0035 

Cartridges for weapons, inert projectile .......................................................................................................................................... UN0328 

Cartridges for weapons, with bursting charge ................................................................................................................................ UN0006 


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Column (2) entry Column (4) entry 

Cartridges for weapons, with bursting charge ................................................................................................................................ UN0321 

Cartridges for weapons, with bursting charge ................................................................................................................................ UN0412 

Cartridges, oil well .......................................................................................................................................................................... UN0277 

Cartridges, oil well .......................................................................................................................................................................... UN0278 

Cartridges, power device ................................................................................................................................................................ UN0275 

Cartridges, power device ................................................................................................................................................................ UN0276 

Cartridges, power device ................................................................................................................................................................ UN0323 

Cartridges, power device ................................................................................................................................................................ UN0381 

Charges, demolition ........................................................................................................................................................................ UN0048 

Charges, depth ............................................................................................................................................................................... UN0056 

Cutters, cable, explosive ................................................................................................................................................................. UN0070 

Fracturing devices, explosive, without detonators for oil wells ...................................................................................................... UN0099 

Mines with bursting charge ............................................................................................................................................................. UN0137 

Mines with bursting charge ............................................................................................................................................................. UN0138 

Projectiles, inert with tracer ............................................................................................................................................................ UN0345 

Projectiles, inert, with tracer ........................................................................................................................................................... UN0424 

Projectiles, inert, with tracer ........................................................................................................................................................... UN0425 

Projectiles, with burster or expelling charge ................................................................................................................................... UN0346 

Projectiles, with burster or expelling charge ................................................................................................................................... UN0347 

Projectiles, with burster or expelling charge ................................................................................................................................... UN0434 

Projectiles, with burster or expelling charge ................................................................................................................................... UN0435 

Projectiles, with bursting charge ..................................................................................................................................................... UN0168 

Projectiles, with bursting charge ..................................................................................................................................................... UN0169 

Projectiles, with bursting charge ..................................................................................................................................................... UN0344 

Release devices, explosive ............................................................................................................................................................ UN0173 

Rivets, explosive ............................................................................................................................................................................. UN0174 

Rocket motors ................................................................................................................................................................................. UN0186 

Rocket motors ................................................................................................................................................................................. UN0280 

Rocket motors ................................................................................................................................................................................. UN0281 

Rockets, with bursting charge ........................................................................................................................................................ UN0181 

Rockets, with bursting charge ........................................................................................................................................................ UN0182 

Rockets, with expelling charge ....................................................................................................................................................... UN0436 

Rockets, with expelling charge ....................................................................................................................................................... UN0437 

Rockets, with expelling charge ....................................................................................................................................................... UN0438 

Rockets, with inert head ................................................................................................................................................................. UN0183 

Rockets, with inert head ................................................................................................................................................................. UN0502 

Sounding devices, explosive .......................................................................................................................................................... UN0204 

Sounding devices, explosive .......................................................................................................................................................... UN0296 

Sounding devices, explosive .......................................................................................................................................................... UN0374 

Sounding devices, explosive .......................................................................................................................................................... UN0375 

Torpedoes with bursting charge ..................................................................................................................................................... UN0329 

Torpedoes with bursting charge ..................................................................................................................................................... UN0451 

Warheads, rocket with burster or expelling charge ........................................................................................................................ UN0370 

Warheads, rocket with bursting charge .......................................................................................................................................... UN0286 

Warheads, rocket with bursting charge .......................................................................................................................................... UN0287 

Warheads, torpedo with bursting charge ........................................................................................................................................ UN0221 

§ 172.102 [Amended] 

6. In § 172.102: 

a. In paragraph (c)(1), a new Special 

provision 41 is added in appropriate 

numerical order. 

b. Paragraph (c)(4) is revised. 

c. Table 1 is amended by revising the 

entries for IB3 and IB8. 

d. The column headings for the first 

and second columns and the table 

heading are revised in Table 1. 

e. The first column heading in Table 

2 is revised to read ‘‘IP Code.’’

f. The second column heading in 

Table 2 is removed. 

g. A new Table 3 is added. 

The additions and revisions read as 

follows: 

§ 172.102 Special provisions. 

* * * * * 

(c) * * * 

(1) * * * 

Code/Special Provisions 

* * * * * 

41 The following Packing Group II 

materials may be transported in Large 

Packagings: Regulated medical waste 

(UN3291) and Methacrylic acid, 

stabilized (UN2531). 

* * * * * 

(4) IB Codes and IP Codes. These 

provisions apply only to transportation 

in IBCs and Large Packagings. Table 1 

authorizes IBCs through the use of IB 

Codes assigned in the § 172.101 table of 

this subchapter for specific proper 

shipping names. Table 2 defines IP 

Codes assigned in the § 172.101 Table of 

this subchapter for specific commodities 

on the use of IBCs. Table 3 authorizes 

Large Packagings through the use of IB 

Codes assigned in the § 172.101 table of 

this subchapter for specific proper 

shipping names. Large packagings are 

authorized when special provisions IB3 

or IB8 are assigned in the § 172.101 

Table for a specific proper shipping 

name under the Packing Group III entry. 

When no IB code is assigned in the 

§ 172.101 Table for a specific proper 

shipping name, or in § 173.225(e) for 

Type F organic peroxides, an IBC or 

Large Packaging may be authorized 

when approved by the Associate 

Administrator. The letter ‘‘Z’’ shown in 

the marking code for composite IBCs 

must be replaced with a capital code 

letter designation found in 

§ 178.702(a)(2) of this subchapter to 

specify the material used for the other 

packaging. Tables 1, 2, and 3 follow: 


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TABLE 1.—IB CODES (IBC AUTHORIZATIONS) 

IB code Authorized IBCs 

* * * * * * * 

IB3 ........................ Authorized IBCs: Metal (31A, 31B and 31N); Rigid plastics (31H1 and 31H2); Composite (31HZ1 and 31HA2, 31HB2, 

31HN2, 31HD2 and 31HH2). Additional Requirement: Only liquids with a vapor pressure less than or equal to 110 kPa at 

50 °C (1.1 bar at 122 °F), or 130 kPa at 55 °C (1.3 bar at 131 °F) are authorized, except for UN2672 (also see Special 

Provision IP8 in Table 3 for UN2672). For authorized Large Packagings, see Table 3. 

* * * * * * * 

IB8 ........................ Authorized IBCs: Metal (11A, 11B, 11N, 21A, 21B, 21N, 31A, 31B and 31N); Rigid plastics (11H1, 11H2, 21H1, 21H2, 

31H1 and 31H2); Composite (11HZ1, 11HZ2, 21HZ1, 21HZ2, 31HZ1 and 31HZ2); Fiberboard (11G); Wooden (11C, 11D 

and 11F); Flexible (13H1, 13H2, 13H3, 13H4, 13H5, 13L1, 13L2, 13L3, 13L4, 13M1 or 13M2). For authorized Large 

Packagings, see Table 3. 

* * * * * * * 

* * * * * 

TABLE 3.—IB CODES (LARGE PACKAGING AUTHORIZATIONS) 

IB3 Authorized Large Packagings (LIQUIDS) (PG III materials only).2

Inner packagings Large outer packagings. 

Glass—10 liter ................................ Steel (50A). 

Plastics—30 liter ............................. Aluminum (50B). 

Metal—40 liter ................................. Metal other than steel or aluminum (50N) 

Rigid plastics (50H) 

Natural Wood (50C) 

Plywood (50D) 

Reconstituted wood (50F). 

Rigid fiberboard (50G) 

IB8 Authorized Large Packagings (SOLIDS) (PG III materials only).2

Inner packagings Large outer packagings. 

Glass—10 kg .................................. Steel (50A). 

Plastics—50 kg ............................... Aluminum (50B). 

Metal—50 kg ................................... Metal other than steel or aluminum (50N). 

Paper—50 kg .................................. Flexible plastics (51H).1

Fiber—50 kg ................................... Rigid plastics (50H). 

Natural wood (50C). 

Plywood (50D). 

Reconstituted wood (50F). 

Rigid fiberboard (50G). 

1Flexible plastic (51H) Large Packagings are only authorized for use with flexible inner packagings. 

2Except when authorized under Special Provision 41. 

* * * * * 

7. In § 172.514, paragraphs (c)(3) and 

(c)(4) are revised and a new paragraph 

(c)(5) is added to read as follows: 

§ 172.514 Bulk Packagings. 

* * * * * 

(c) * * * 

(3) A bulk packaging other than a 

portable tank, cargo tank, or tank car 

(e.g., a bulk bag or box) with a 

volumetric capacity of less than 18 

cubic meters (640 cubic feet); 

(4) An IBC; and 

(5) A Large Packaging as defined in 

§ 171.8 of this subchapter. 

PART 173—SHIPPERS—GENERAL 

REQUIREMENTS FOR SHIPMENTS 

AND PACKAGINGS 

8. The authority citation for part 173 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5127, 44701; 49 

CFR 1.45, 1.53. 

9. In § 173.22, in paragraph (a)(4), two 

new sentences are added to the end of 

the paragraph to read as follows: 

§ 173.22 Shipper’s responsibility. 

(a) * * * 

(4) * * * A person must maintain a 

copy of the manufacturer’s notification, 

including closure instructions (see 

§ 178.2(c)), and, if applicable, any 

supporting documentation for an 

equivalent level of performance under 

the selective testing variations in 

§ 178.601. A copy of the notification 

must be made available for inspection 

by a representative of the Department 

upon request for 375 days after offering 

the package for transportation. 

* * * * * 

10. In § 173.24b, paragraph (e) is 

redesignated as paragraph (f) and a new 

paragraph (e) is added to read as 

follows: 

§ 173.24b Additional general requirements 

for bulk packagings. 

* * * * * 

(e) Stacking of bulk packages: 

(1) Bulk packagings not designed and 

tested to be stacked. No packages or 


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freight (hazardous or otherwise) may be 

stacked upon a bulk packaging that was 

not designed and tested to be stacked 

upon. 

(2) Bulk packagings designed and 

tested to be stacked. The superimposed 

weight placed upon a bulk package 

designed to be stacked may not exceed 

the maximum permissible stacking test 

mass marked on the packaging. 

* * * * * 

11. In § 173.28, in paragraph (a), a 

third sentence is added and, in 

paragraph (f), a third sentence is added 

to read as follows: 

§ 173.28 Reuse, reconditioning, and 

remanufacture of packagings. 

(a) * * * Packagings not meeting the 

minimum thickness requirements 

prescribed in paragraph (b)(4)(i) of this 

section may not be reconditioned or 

remanufactured. 

* * * * * 

(f) * * * Drums or jerricans not 

meeting the minimum thickness 

requirements prescribed in paragraph 

(b)(4)(i) of this section may not be 

reconditioned or remanufactured. 

12. In § 173.35, paragraph (h)(2) is 

revised to read as follows: 

§ 173.35 Hazardous materials in IBCs. 

* * * * * 

(h) * * * 

(2) Liquids having a vapor pressure 

greater than 110 kPa (16 psig) at 50 °C 

(122 °F) or 130 kPa (18.9 psig) at 55 °C 

(131 °F) may not be transported in metal 

IBCs. 

* * * * * 

13. In part 173, a new § 173.36 is 

added to read as follows: 

§ 173.36 Hazardous materials in Large 

Packagings. 

(a) No person may offer or accept a 

hazardous material for transportation in 

a Large Packaging except as authorized 

by this subchapter. Except as otherwise 

provided for in this subchapter, no 

Large Packaging may be filled with a 

Packing Group I or II material. Each 

Large Packaging used for the 

transportation of hazardous materials 

must conform to the requirements of its 

specification and regulations for the 

transportation of the particular 

commodity. 

(b) Packaging design—(1) Inner 

packaging closures. A Large Packaging 

containing liquid hazardous materials 

must be packed so that closures on 

inner packagings are upright. 

(2) Flexible (e.g., 51H) Large Packages 

are only authorized for use with flexible 

inner packagings. 

(3) Friction. The nature and thickness 

of the outer packaging must be such that 

friction during transportation is not 

likely to generate an amount of heat 

sufficient to dangerously alter the 

chemical stability of the contents. 

(4) Securing and cushioning. Inner 

packagings of Large Packagings must be 

packed, secured and cushioned to 

prevent their breakage or leakage and to 

control their shifting within the outer 

packaging under conditions normally 

incident to transportation. Cushioning 

material must not be capable of reacting 

dangerously with the contents of the 

inner packagings or having its protective 

properties significantly weakened in the 

event of leakage. 

(5) Metallic devices. Nails, staples and 

other metallic devices must not 

protrude into the interior of the outer 

packaging in such a manner as to be 

likely to damage inner packagings or 

receptacles. 

(c) Initial use and reuse of Large 

Packagings. A Large Packaging may be 

reused. If an inner packaging is 

constructed of paper or flexible plastic, 

the inner packaging must be replaced 

before each reuse. Before a Large 

Packaging is filled and offered for 

transportation, the Large Packaging 

must be given an external visual 

inspection, by the person filling the 

Large Packaging, to ensure: 

(1) The Large Packaging is free from 

corrosion, contamination, cracks, cuts, 

or other damage which would render it 

unable to pass the prescribed design 

type test to which it is certified and 

marked; and 

(2) The Large Packaging is marked in 

accordance with requirements in 

§ 178.903 of this subchapter. Additional 

marking allowed for each design type 

may be present. Required markings that 

are missing, damaged or difficult to read 

must be restored or returned to original 

condition. 

(d) During transportation—

(1) No hazardous material may remain 

on the outside of the Large Packaging; 

and 

(2) Each Large Packaging must be 

securely fastened to or contained within 

the transport unit. 

(e) Each Large Packaging used for 

transportation of solids which may 

become liquid at temperatures likely to 

be encountered during transportation 

may not be transported in paper or fiber 

inner packagings. The inner packagings 

must be capable of containing the 

substance in the liquid state. 

(f) Liquid hazardous materials may 

only be offered for transportation in 

inner packagings appropriately resistant 

to an increase of internal pressure likely 

to develop during transportation. 

(g) Large Packaging used to transport 

hazardous materials may not exceed 3 

cubic meters (106 cubic feet) capacity. 

(h) Mixed contents. (1) An outer Large 

Packaging may contain more than one 

hazardous material only when—

(i) The inner and outer packagings 

used for each hazardous material 

conform to the relevant packaging 

sections of this part applicable to that 

hazardous material; 

(ii) The package as prepared for 

shipment meets the performance tests 

prescribed in part 178 of this subchapter 

for the hazardous materials contained in 

the package; 

(iii) Corrosive materials (except ORM–

D) in bottles are further packed in 

securely closed inner receptacles before 

packing in outer packagings; and 

(iv) For transportation by aircraft, the 

total net quantity does not exceed the 

lowest permitted maximum net quantity 

per package as shown in Column 9a or 

9b, as appropriate, of the § 172.101 

table. The permitted maximum net 

quantity must be calculated in 

kilograms if a package contains both a 

liquid and a solid. 

(2) A packaging containing inner 

packagings of Division 6.2 materials 

may not contain other hazardous 

materials, except dry ice. 

(i) When a Large Packaging is used for 

the transportation of liquids with a flash 

point of 60.5 °C (141 °F) (closed cup) or 

lower, or powders with the potential for 

dust explosion, measures must be taken 

during product loading and unloading 

to prevent a dangerous electrostatic 

discharge. 

14. In § 173.62, paragraph (c) Packing 

Instruction 130 is revised to read as 

follows: 

§ 173.62 Specific packaging requirements 

for explosives. 

* * * * * 

(c) * * * 

* * * * * 


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TABLE OF PACKING METHODS

Packaging instruction Inner 

packagings 

Intermediate 

packagings Outer packaging 

* * * * * * * 

130 .................................................................... Not Necessary ........... Not Necessary ........... Boxes. 

Particular Packaging Requirements: Steel (4A). 

The following applies to UN 0006, 0009, 

0010, 0015, 0016, 0018, 0019, 0034, 

0035, 0038, 0039, 0048, 0056, 0137, 

0138, 0168, 0169, 0171, 0181, 0182, 

0183, 0186, 0221, 0238, 0243, 0244, 

0245, 0246, 0254, 0280, 0281, 0286, 

0287, 0297, 0299, 0300, 0301, 0303, 

0321, 0328, 0329, 0344, 0345, 0346, 

0347, 0362, 0363, 0370, 0412, 0424, 

0425, 0434, 0435, 0436, 0437, 0438, 

0451, 0459 and 0488. Large and robust 

explosives articles, normally intended 

for military use, without their means of 

initiation or with their means of initiation 

containing at least two effective protective features, may be carried 

unpackaged. When such articles have 

propelling charges or are self-propelled, 

their ignition systems must be protected 

against stimuli encountered during normal conditions of transport. A negative 

result in Test Series 4 on an 

unpackaged article indicates that the article can be considered for transport 

unpackaged. Such unpackaged articles 

may be fixed to cradles or contained in 

crates or other suitable handling devices.

Wood natural, ordinary (4C1). 

Plywood (4D). 

Reconstituted wood (4F). 

Fiberboard (4G). 

Plastics, expanded (4H1). 

Plastic, solid (4H2). 

Drums. 

Steel, removable head (1A2). 

Aluminum, removable head (1B2). 

Plywood (1D). 

Fiber (1G). 

Plastics, removable head (1H2). 

Large Packagings. 

Steel (50A). 

Aluminum (50B). 

Metal other than steel or aluminum (50N). 

Rigid plastics (50H). 

Natural wood (50C). 

Plywood (50D). 

Reconstituted wood (50F). 

Rigid fiberboard (50G). 

* * * * * * * 

15. In § 173.223, the section title is 

changed to ‘‘Packagings for certain 

flammable solids’’ and the introductory 

text to paragraph (a) is revised as 

follows: 

§ 173.223 Packagings for certain 

flammable solids. 

(a) Packagings for ‘‘Musk xylene,’’

‘‘5-tert-Butyl-2,4,6-trinitro-m-xylene,’’

‘‘Azodicarbonamide,’’ or ‘‘Isosorbide-5- 

mononitrate,’’ when offered for 

transportation or transported by rail, 

highway, or vessel, must conform to the 

general packaging requirements of 

subpart B of part 173, and to the 

requirements of part 178 of this 

subchapter at the Packing Group III 

performance level and may only be 

transported in the following packagings: 

* * * * * 

16. In § 173.240, paragraph (e) is 

added as follows: 

§ 173.240 Bulk packagings for certain low 

hazard solid materials. 

* * * * * 

(e) Large Packagings. Large 

Packagings are authorized subject to the 

conditions and limitations of this 

section provided the Large Packaging 

type is authorized according to the IBC 

packaging code specified for the specific 

hazardous material in Column (7) of the 

§ 172.101 Table of this subchapter and 

the Large Packaging conforms to the 

requirements in subpart Q of part 178 of 

this subchapter at the Packing Group 

performance level as specified in 

Column (5) of the § 172.101 Table for 

the material being transported. 

(1) Except as specifically authorized 

in this subchapter, Large Packagings 

may not be used for Packing Group I or 

II hazardous materials. 

(2) Large Packagings with paper or 

fiberboard inner receptacles may not be 

used for solids that may become liquid 

in transportation. 

17. In § 173.241, paragraph (e) is 

added as follows: 

§ 173.241 Bulk packagings for certain low 

hazard liquid and solid materials. 

* * * * * 

(e) Large Packagings. Large 

Packagings are authorized subject to the 

conditions and limitations of this 

section provided the Large Packaging 

type is authorized according to the IBC 

packaging code specified for the specific 

hazardous material in Column (7) of the 

§ 172.101 Table of this subchapter and 

the Large Packaging conforms to the 

requirements in subpart Q of part 178 of 

this subchapter at the Packing Group 

performance level as specified in 

Column (5) of the § 172.101 Table for 

the material being transported. 

(1) Except as specifically authorized 

in this subchapter, Large Packagings 

may not be used for Packing Group I or 

II hazardous materials. 

(2) Large Packagings with paper or 

fiberboard inner receptacles may not be 

used for solids that may become liquid 

in transportation. 

18. In § 173.242, paragraph (e) is 

added as follows: 

§ 173.242 Bulk packagings for certain 

medium hazard liquids and solids, 

including solids with dual hazards. 

* * * * * 

(e) Large Packagings. Large 

Packagings are authorized subject to the 

conditions and limitations of this 

section provided the Large Packaging 

type is authorized according to the IBC 

packaging code specified for the specific 

hazardous material in Column (7) of the 

§ 172.101 Table of this subchapter and 

the Large Packaging conforms to the 


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requirements in subpart Q of part 178 of 

this subchapter at the Packing Group 

performance level as specified in 

Column (5) of the § 172.101 Table for 

the material being transported. 

(1) Except as specifically authorized 

in this subchapter, Large Packagings 

may not be used for Packing Group I or 

II hazardous materials. 

(2) Large Packagings with paper or 

fiberboard inner receptacles may not be 

used for solids that may become liquid 

in transportation. 

9. In § 173.249, paragraph (b) is 

revised to read as follows: 

§ 173.249 Bromine. 

* * * * * 

(b) Specification MC 310, MC 311, MC 

312 or DOT 412 cargo tank motor 

vehicles conforming with paragraphs (d) 

through (f) of this section. Except when 

transported as a residue, the total 

quantity in one tank may not be less 

than 88 percent nor more than 96 

percent of the volume of the tank. Cargo 

tanks in bromine service built prior to 

August 31, 1991 may continue in 

service under the requirements 

contained in § 173.252(a)(4) of this part 

in effect on September 30, 1991. 

* * * * * 

§ 173.338 [Amended] 

20. In § 173.338, the second sentence, 

the wording ‘‘strong outside container’’

is removed and the wording ‘‘strong 

outer packaging’’ is added in its place. 

PART 174—CARRIAGE BY RAIL 

21. The authority citation for part 174 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5127; 49 CFR 

1.53. 

22. In § 174.63, the section heading is 

revised and paragraph (a) is revised as 

follows: 

§ 174.63 Portable tanks, IM portable tanks, 

IBCs, Large Packagings, cargo tanks, and 

multi-unit tank car tanks. 

(a) A carrier may not transport a bulk 

packaging (e.g., portable tank, IM 

portable tank, IBC, Large Packaging, 

cargo tank, or multi-unit tank car tank) 

containing a hazardous material in 

container-on-flatcar (COFC) or traileron-flatcar (TOFC) service except as 

authorized by this section or unless 

approved for transportation by the 

Associate Administrator for Safety, 

FRA. 

* * * * * 

PART 178—SPECIFICATIONS FOR 

PACKAGINGS 

23. The authority citation for part 178 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5127; 49 CFR 

1.53. 

24. In § 178.2, paragraph (c)(1)(ii) is 

revised as follows: 

§ 178.2 Applicability and responsibility. 

* * * * * 

(c) * * * 

(1) * * * 

(ii) With information specifying the 

type(s) and dimensions of the closures, 

including gaskets and any other 

components needed to ensure the 

packaging is capable of successfully 

passing the applicable performance 

tests. This information must include any 

procedures to be followed, including 

closure instructions for inner 

packagings and receptacles, to 

effectively assemble and close the 

packaging for the purpose of preventing 

leakage in transportation. Closure 

instructions must provide for a 

consistent and repeatable means of 

closure that is sufficient to ensure the 

packaging is closed in the same manner 

as it was tested. For packagings sold or 

represented as being in conformance 

with the requirements of this subchapter 

applicable to transportation by aircraft, 

this information must include relevant 

guidance to ensure that the packaging, 

as prepared for transportation, will 

withstand the pressure differential 

requirements in § 173.27 of this 

subchapter. 

* * * * * 

25. In § 178.3, paragraph (a)(5) is 

revised to read as follows: 

§ 178.3 Marking of packagings. 

(a) * * * 

(5) For packages with a gross mass of 

more than 30 kg (66 pounds), the 

markings or a duplicate thereof must 

appear on the top or on a side of the 

packaging. Metal drums having a 

capacity greater than 100 L must be 

marked on the bottom in accordance 

with § 178.503(a)(10). For metal drums 

the side or top marking may identify a 

lesser performance standard than the 

permanent marking on the bottom of the 

drum. 

* * * * * 

26. In § 178.503, paragraphs (a)(1) and 

(a)(10) are revised, paragraph (e)(1) is 

redesignated as (e)(1)(i), and a new 

paragraph (e)(1)(ii) is added as follows: 

§ 178.503 Marking of packagings. 

(a) * * * 

(1) Except as provided in paragraph 

(e)(1)(ii) of this section, the United 

Nations symbol as illustrated in 

paragraph (e)(1)(i) of this section (for 

embossed metal receptacles, the letters 

‘‘UN’’) may be applied in place of the 

symbol; 

* * * * * 

(10) In addition to the markings 

prescribed in paragraphs (a)(1) through 

(a)(9) of this section, every new metal 

drum having a capacity greater than 100 

L must bear the marks described in 

paragraphs (a)(1) through (a)(6), and 

(a)(9)(i) of this section, in a permanent 

form, on the bottom. The markings on 

the top head or side of these packagings 

required under § 178.3(a)(5) of this part 

need not be permanent, and need not 

include the thickness mark described in 

paragraph (a)(9) of this section. This 

marking indicates a drum’s 

characteristics at the time it was 

manufactured. The information in 

paragraphs (a)(1) through (a)(6) of this 

section marked on the top head or side 

may not identify a greater performance 

capability than the information in 

paragraphs (a)(1) through (a)(6) of this 

section permanently marked by the 

original manufacturer on the bottom of 

the drum; and 

* * * * * 

(e) * * * 

(1) * * * 

(ii) The circle that surrounds the 

letters ‘‘u’’ and ‘‘n’’ may have small 

breaks provided the following 

provisions are met: 

(A) The total gap space does not 

exceed 10 percent of the circumference 

of the circle; 

(B) There are no more than three gaps 

in the circle; 

(C) The spacing between gaps is 

separated by no less than 20 percent of 

the circumference of the circle (72 

degrees); and 

(D) The letters ‘‘u’’ and ‘‘n’’ appear 

exactly as depicted in § 178.3(e)(1)(i) 

with no gaps. 

* * * * * 

27. In § 178.512, paragraph (b)(5) is 

added as follows: 

§ 178.512 Standards for steel or aluminum 

boxes. 

* * * * * 

(b) * * * 

(5) Maximum volumetric capacity of: 

450 L (119 gallons). 

28. In § 178.513, paragraph (b)(5) is 

added as follows: 

§ 178.513 Standards for boxes of natural 

wood. 

* * * * * 

(b) * * * 

(5) Maximum volumetric capacity of: 

450 L (119 gallons). 

29. In § 178.514, paragraph (b)(3) is 

added as follows: 

§ 178.514 Standards for plywood boxes. 

* * * * * 


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(b) * * * 

(3) Maximum volumetric capacity of: 

450 L (119 gallons). 

30. In § 178.515, paragraph (b)(5) is 

added as follows: 

§ 178.515 Standards for reconstituted 

wood boxes. 

* * * * * 

(b) * * * 

(5) Maximum volumetric capacity of: 

450 L (119 gallons). 

31. In § 178.516, paragraph (b)(7) is 

added as follows: 

§ 178.516 Standards for fiberboard boxes. 

* * * * * 

(b) * * * 

(7) Maximum volumetric capacity of: 

450 L (119 gallons). 

32. In § 178.517, paragraph (b)(8) is 

added as follows: 

§ 178.517 Standards for plastic boxes. 

* * * * * 

(b) * * * 

(8) Maximum volumetric capacity of: 

450 L (119 gallons). 

33. In § 178.518, paragraph (b)(6) is 

added as follows: 

§ 178.518 Standards for woven plastic 

bags. 

* * * * * 

(b) * * * 

(6) Maximum volumetric capacity of: 

450 L (119 gallons). 

34. In § 178.519, paragraph (b)(3) is 

added as follows: 

§ 178.519 Standards for plastic film bags. 

* * * * * 

(b) * * * 

(3) Maximum volumetric capacity of: 

450 L (119 gallons). 

35. In § 178.520, paragraph (b)(5) is 

added as follows: 

§ 178.520 Standards for textile bags. 

* * * * * 

(b) * * * 

(5) Maximum volumetric capacity of: 

450 L (119 gallons). 

36. In § 178.521, paragraph (b)(4) is 

added as follows: 

§ 178.521 Standards for paper bags. 

* * * * * 

(b) * * * 

(4) Maximum volumetric capacity of: 

450 L (119 gallons). 

37. In § 178.601, the introductory text 

of paragraph (g)(1), paragraphs (g)(8) 

and (k) are revised, to read as follows: 

§ 178.601 General requirements. 

* * * * * 

(g) * * * 

(1) Selective testing of combination 

packagings. Variation 1. Variations are 

permitted in inner packagings of a 

tested combination package, without 

further testing of the package, provided 

an equivalent level of performance is 

maintained and the methodology used 

to determine that the inner packaging, 

including closure, maintains an 

equivalent level of performance is 

documented in writing by the person 

certifying compliance with this 

paragraph and retained in accordance 

with paragraph (l) of this section. 

Permitted variations are as follows: 

* * * * * 

(8) For a steel drum with a capacity 

greater than 12 L (3 gallons) 

manufactured from low carbon, coldrolled sheet steel meeting ASTM 

designations A 366/A 366M or A 568/ 

A 568M, variations in elements other 

than the following design elements are 

considered minor and do not constitute 

a different drum design type, or 

‘‘different packaging’’ as defined in 

paragraph (c) of this section for which 

design qualification testing and periodic 

retesting are required. Minor variations 

authorized without further testing 

include changes in the identity of the 

supplier of component material made to 

the same specifications, or the original 

manufacturer of a DOT specification or 

UN standard drum to be 

remanufactured. A change in any one or 

more of the following design elements 

constitutes a different drum design type: 

(i) The packaging type and category of 

the original drum and the 

remanufactured drum, i.e., 1A1 or 1A2; 

(ii) The style, (i.e., straight-sided or 

tapered); 

(iii) Except as provided in paragraph 

(g)(3) of this section, the rated (marked) 

capacity and outside dimensions; 

(iv) The physical state for which the 

packaging was originally approved (e.g., 

tested for solids or liquids); 

(v) An increase in the marked level of 

performance of the original drum (i.e., 

to a higher packing group, hydrostatic 

test pressure, or specific gravity to 

which the packaging has been tested); 

(vi) Type of side seam welding; 

(vii) Type of steel; 

(viii) An increase greater than 10% or 

any decrease in the steel thickness of 

the head, body, or bottom; 

(ix) End seam type, (e.g., triple or 

double seam); 

(x) A reduction in the number of 

rolling hoops (beads) which equal or 

exceed the diameter over the chimes; 

(xi) The location, type or size, and 

material of closures (other than the 

cover of UN 1A2 drums); 

(xii) The location (e.g., from the head 

to the body), type (e.g., mechanically 

seamed or welded flange), and materials 

of closure (other than the cover of UN 

1A2 drums); and 

(xiii) For UN 1A2 drums: 

(A) Gasket material (e.g., plastic), or 

properties affecting the performance of 

the gasket; 

(B) Configuration or dimensions of the 

gasket; 

(C) Closure ring style including bolt 

size, (e.g., square or round back, 0.625′′ 

bolt); and 

(D) Closure ring thickness. 

(E) Width of lugs or extensions in 

crimp/lug cover. 

* * * * * 

(k) Number of test samples. Except as 

provided in this section, one test sample 

must be used for each test performed 

under this subpart. 

(l) Stainless steel drums. Provided the 

validity of the test results is not affected, 

a person may perform the design 

qualification testing of stainless steel 

drums using three (3) samples rather 

than the specified eighteen (18) samples 

under the following provisions: 

(i) The packaging must be tested in 

accordance with this subpart by 

subjecting each of the three containers 

to the following sequence of tests: 

(A) The stacking test in § 178.606, 

(B) The leakproofness test in 

§ 178.604, 

(C) The hydrostatic pressure test in 

§ 178.608, and 

(D) Diagonal top chime and flat on the 

side drop tests in § 178.603. Both drop 

tests may be conducted on the same 

sample. 

(ii) For periodic retesting of stainless 

steel drums, a reduced sample size of 

one container is authorized. 

(2) Packagings other than stainless 

steel drums. Provided the validity of the 

test results is not affected, several tests 

may be performed on one sample with 

the approval of the Associate 

Administrator. 

* * * * * 

38. In 178.700, paragraph (c)(1) is 

revised as follows: 

§ 178.700 Purpose, scope and definitions. 

* * * * * 

(c) * * * 

(1) Body means the receptacle proper 

(including openings and their closures, 

but not including service equipment) 

that has a volumetric capacity of not 

more than 3 cubic meters (3,000 L, 793 

gallons, or 106 cubic feet). 

* * * * * 

39. In § 178.703 paragraph (a)(1)(i) is 

revised as follows: 

§ 178.703 Marking of IBCs. 

(a) * * * 

(1) * * * 


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(i) Except as provided in 

§ 178.503(e)(1)(ii), the United Nations 

symbol as illustrated in 

§ 178.503(e)(1)(i). For metal IBCs on 

which the marking is stamped or 

embossed, the capital letters ‘‘UN’’ may 

be applied instead of the symbol. 

* * * * * 

40. In 178.705, paragraph (d) is added 

to read as follows: 

§ 178.705 Standards for metal IBCs. 

* * * * * 

(d) Metal IBCs may not have a 

volumetric capacity greater than 3,000 L 

(793 gallons) and not less than 450 L 

(119 gallons). 

41. In 178.706, paragraph (d) is added 

to read as follows: 

§ 178.706 Standards for rigid plastic IBCs. 

* * * * * 

(d) Rigid plastic IBCs may not have a 

volumetric capacity greater than 3,000 L 

(793 gallons) and not less than 450 L 

(119 gallons). 

42. In 178.707, paragraph (d) is added 

to read as follows: 

§ 178.707 Standards for composite IBCs. 

* * * * * 

(d) Composite IBCs may not have a 

volumetric capacity greater than 3,000 L 

(793 gallons) and not less than 450 L 

(119 gallons). 

43. In 178.708, paragraph (d) is added 

to read as follows: 

§ 178.708 Standards for fiberboard IBCs. 

* * * * * 

(d) Fiberboard IBCs may not have a 

volumetric capacity greater than 3,000 L 

(793 gallons) and not less than 450 L 

(119 gallons). 

44. In 178.709, paragraph (d) is added 

to read as follows: 

§ 178.709 Standards for wooden IBCs. 

* * * * * 

(d) Wooden IBCs may not have a 

volumetric capacity greater than 3,000 L 

(793 gallons) and not less than 450 L 

(119 gallons). 

45. In 178.710, paragraph (d) is added 

to read as follows: 

§ 178.710 Standards for flexible IBCs. 

* * * * * 

(d) Flexible IBCs; 

(1) May not have a volumetric 

capacity greater than 3,000 L (793 

gallons) and not less than 56 L (15 

gallons); and 

(2) Must be designed and tested to a 

capacity of no less than 50 kg (110 

pounds). 

46. Section 178.801 paragraph (i) is 

revised to read as follows: 

§ 178.801 General requirements. 

* * * * * 

(i) Approval of equivalent packagings. 

An IBC differing from the standards in 

subpart N of this part, or tested using 

methods other than those specified in 

this subpart, may be used if approved by 

the Associate Administrator. Such IBCs 

must be shown to be equally effective, 

and testing methods used must be 

equivalent. 

* * * * * 

47. In 178.810, paragraph (c) is 

revised as follows: 

§ 178.810 Drop test. 

* * * * * 

(c) Test method. (1) Samples of all IBC 

design types must be dropped onto a 

rigid, non-resilient, smooth, flat and 

horizontal surface. The point of impact 

must be the most vulnerable part of the 

base of the IBC being tested. Following 

the drop, the IBC must be restored to the 

upright position for observation. 

(2) IBC design types with a capacity 

of 0.45 cubic meters (15.9 cubic feet) or 

less must be subject to an addition drop 

test. 

* * * * * 

48. § 178.815 is revised to read as 

follows: 

§ 178.815 Stacking test. 

(a) General. The stacking test must be 

conducted for the qualification of all 

IBC design types intended to be stacked. 

(b) Special preparation for the 

stacking test. (1) All IBCs except flexible 

IBC design types must be loaded to their 

maximum permissible gross mass. 

(2) The flexible IBC must be filled to 

not less than 95 percent of its capacity 

and to its maximum net mass, with the 

load being evenly distributed. 

(c) Test method—(1) Design 

Qualification Testing. All IBCs must be 

placed on their base on level, hard 

ground and subjected to a uniformly 

distributed superimposed test load for a 

period of at least five minutes (see 

paragraph (c)(5) of this section). 

(2) Fiberboard, wooden and 

composite IBCs with outer packagings 

constructed of other than plastic 

materials must be subject to the test for 

24 hours. 

(3) Rigid plastic IBC types and 

composite IBC types with plastic outer 

packagings (11HH1, 11HH2, 21HH1, 

21HH2, 31HH1 and 31HH2) which bear 

the stacking load must be subjected to 

the test for 28 days at 40 °C (104 °F). 

(4) For all IBCs, the load must be 

applied by one of the following 

methods: 

(i) One or more IBCs of the same type 

loaded to their maximum permissible 

gross mass and stacked on the test IBC; 

(ii) The calculated superimposed test 

load weight loaded on either a flat plate 

or a reproduction of the base of the IBC, 

which is stacked on the test IBC. 

(5) Calculation of superimposed test 

load. For all IBCs, the load to be placed 

on the IBC must be 1.8 times the 

combined maximum permissible gross 

mass of the number of similar IBCs that 

may be stacked on top of the IBC during 

transportation. 

(d) Periodic Retest. (1) The package 

must be tested in accordance with 

§ 178.815(c) of this subpart; or 

(2) The packaging may be tested using 

a dynamic compression testing 

machine. The test must be conducted at 

room temperature on an empty, 

unsealed packaging. The test sample 

must be centered on the bottom platen 

of the testing machine. The top platen 

must be lowered until it comes in 

contact with the test sample. 

Compression must be applied end to 

end. The speed of the compression 

tester must be one-half inch plus or 

minus one-fourth inch per minute. An 

initial preload of 50 pounds must be 

applied to ensure a definite contact 

between the test sample and the platens. 

The distance between the platens at this 

time must be recorded as zero 

deformation. The force ‘‘A’’ then to be 

applied must be calculated using the 

applicable formula: 

Liquids: A = (1.8)(n¥1) [w + (s × v × 

8.3 × .98)] × 1.5; 

or 

Solids: A = (1.8)(n¥1) [w + (s × v × 8.3 

× .95)] × 1.5 

Where: 

A = applied load in pounds. 

n = maximum number of IBCs being 

stacked during transportation. 

w = maximum weight of one empty 

container in pounds. 

s = specific gravity (liquids) or density 

(solids) of the lading. 

v = actual capacity of container (rated 

capacity + outage) in gallons. 

and: 

8.3 corresponds to the weight in 

pounds of 1.0 gallon of water. 

1.5 is a compensation factor convering 

the static load of the stacking test 

into a load suitable for dynamic 

compression testing. 

(e) Criteria for passing the test. (1) For 

metal, rigid plastic, and composite IBCs, 

there may be no permanent 

deformation, which renders the IBC 

unsafe for transportation, and no loss of 

contents. 

(2) For fiberboard and wooden IBCs, 

there may be no loss of contents and no 

permanent deformation, which renders 

the whole IBC, including the base pallet, 

unsafe for transportation. 

(3) For flexible IBCs, there may be no 

deterioration, which renders the IBC 


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unsafe for transportation, and no loss of 

contents. 

(4) For the dynamic compression test, 

a container passes the test if, after 

application of the required load, there is 

no permanent deformation to the IBC, 

which renders the whole IBC, including 

the base pallet, unsafe for 

transportation; in no case may the 

maximum deflection exceed one inch. 

49. In § 178.819, paragraph (b)(1) is 

amended by adding a second sentence 

and (b)(2) is revised as follows: 

§ 178.819 Vibration test. 

* * * * * 

(b) * * * 

(1) * * * IBCs intended for liquids 

may be tested using water as the filling 

material for the vibration test. 

(2) The sample IBC must be placed on 

a vibrating platform with a vertical or 

rotary double-amplitude (peak-to-peak 

displacement) of one inch. The IBC 

must be constrained horizontally to 

prevent it from falling off the platform, 

but must be left free to move vertically 

and bounce. 

* * * * * 

50. Subpart P is added to part 178 as 

follows: 

Subpart P—Large Packagings 

Standards 

Sec. 

178.900 Purpose and scope. 

178.902 Large Packaging identification 

codes. 

178.903 Marking of Large Packagings. 

178.904 General Large Packaging standards. 

178.905 Standards for metal Large 

Packagings. 

178.906 Standards for rigid plastic Large 

Packagings. 

178.907 Standards for fiberboard Large 

Packagings. 

178.908 Standards for wooden Large 

Packagings. 

178.909 Standards for flexible Large 

Packagings. 

§ 178.900 Purpose and scope. 

(a) This subpart prescribes 

requirements for Large Packaging 

intended for the transportation of 

hazardous materials. Standards for these 

packagings are based on the UN 

Recommendations. 

(b) Terms used in this subpart are 

defined in § 171.8 of this subchapter. 

§ 178.902 Large Packaging identification 

codes. 

Large packaging code designations 

consist of: Two numerals specified in 

paragraph (a) of this section; followed 

by the capital letter(s) specified in 

paragraph (b) of this section. 

(a) Large packaging code number 

designation are as follows: 50 for rigid 

Large Packagings; or 51 for flexible 

Large Packagings. 

(b) Large Packagings code letter 

designations are as follows: 

‘‘A’’ means steel (all types and surface 

treatments). 

‘‘B’’ means aluminum. 

‘‘C’’ means natural wood. 

‘‘D’’ means plywood. 

‘‘F’’ means reconstituted wood. 

‘‘G’’ means fiberboard. 

‘‘H’’ means plastic. 

‘‘M’’ means paper, multiwall. 

‘‘N’’ means metal (other than steel or 

aluminum). 

§ 178.903 Marking of Large Packagings. 

(a) The manufacturer must: 

(1) Mark every Large Packaging in a 

durable and clearly visible manner. The 

marking may be applied in a single line 

or in multiple lines provided the correct 

sequence is followed with the 

information required by this section. 

The following information is required in 

the sequence presented: 

(i) Except as provided in 

§ 178.503(e)(1)(ii), the United Nations 

packaging symbol as illustrated in 

§ 178.503(e)(1)(i). For metal Large 

Packagings on which the marking is 

stamped or embossed, the capital letters 

‘‘UN’’ may be applied instead of the 

symbol; 

(ii) The code number designating the 

Large Packaging design type according 

to § 178.901. The letter ‘‘W’’ must follow 

the Large Packaging design type 

identification code on a Large Packaging 

when the Large Packaging differs from 

the requirements in subpart P of this 

part, or is tested using methods other 

than those specified in this subpart, and 

is approved by the Associate 

Administrator in accordance with the 

provisions in § 178.1001; 

(iii) A capital letter identifying the 

performance standard under which the 

design type has been successfully 

tested, as follows: 

(A) X—for Large Packagings meeting 

Packing Groups I, II and III tests; 

(B) Y—for Large Packagings meeting 

Packing Groups II and III tests; and 

(C) Z—for Large Packagings meeting 

Packing Group III test. 

(iv) The month (designated 

numerically) and year (last two digits) of 

manufacture; 

(v) The country authorizing the 

allocation of the mark. The letters 

‘‘USA’’ indicate that the Large 

Packaging is manufactured and marked 

in the United States in compliance with 

the provisions of this subchapter. 

(vi) The name and address or symbol 

of the manufacturer or the approval 

agency certifying compliance with 

subpart P and subpart Q of this part. 

Symbols, if used, must be registered 

with the Associate Administrator. 

(vii) The stacking test load in 

kilograms (kg). For Large Packagings not 

designed for stacking the figure ‘‘0’’

must be shown. 

(viii) The maximum permissible gross 

mass or for flexible Large Packagings, 

the maximum net mass, in kg. 

(2) The following are examples of 

symbols and required markings: 

(i) For a steel Large Packaging suitable 

for stacking; stacking load: 2,500 kg; 

maximum gross mass: 1,000 kg. 

(ii) For a plastic Large Packaging not 

suitable for stacking; maximum gross 

mass: 800 kg. 


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(iii) For a Flexible Large Packaging 

not suitable for stacking; maximum 

gross mass: 500 kg. 

(b) [Reserved] 

§ 178.904 General Large Packaging 

standards. 

(a) Each Large Packaging must be 

resistant to, or protected from, 

deterioration due to exposure to the 

external environment. Large packagings 

intended for solid hazardous materials 

must be sift-proof and water-resistant. 

(b) All service equipment must be 

positioned or protected to minimize 

potential loss of contents resulting from 

damage during Large Packaging 

handling and transportation. 

(c) Each Large Packaging, including 

attachments and service and structural 

equipment, must be designed to 

withstand, without loss of hazardous 

materials, the internal pressure of the 

contents and the stresses of normal 

handling and transport. A Large 

Packaging intended for stacking must be 

designed for stacking. Any lifting or 

securing features of a Large Packaging 

must be sufficient strength to withstand 

the normal conditions of handling and 

transportation without gross distortion 

or failure and must be positioned so as 

to cause no undue stress in any part of 

the Large Packaging. 

(d) A Large Packaging consisting of 

packagings within a framework must be 

so constructed that the packaging is not 

damaged by the framework and is 

retained within the framework at all 

times. 

(e) Large packaging design types must 

be constructed in such a way as to be 

bottom-lifted or top-lifted as specified in 

§§ 178.1004 and 178.1005. 

§ 178.905 Standards for metal Large 

Packagings. 

(a) The provisions in this section 

apply to metal Large Packagings 

intended to contain liquids and solids. 

Metal Large Packaging types are 

designated: 

(1) 50A steel 

(2) 50B aluminum 

(3) 50N metal (other than steel or 

aluminum) 

(b) Each Large Packaging must be 

made of suitable ductile metal materials. 

Welds must be made so as to maintain 

design type integrity of the receptacle 

under conditions normally incident to 

transportation. Low-temperature 

performance must be taken into account 

when appropriate. 

(c) The use of dissimilar metals must 

not result in deterioration that could 

affect the integrity of the Large 

Packaging. 

(d) Metal Large Packagings may not 

have a volumetric capacity greater than 

3,000 L (793 gallons) and not less than 

450 L (119 gallons). 

§ 178.906 Standards for rigid plastic Large 

Packagings. 

(a) The provisions in this section 

apply to rigid plastic Large Packagings 

intended to contain liquids and solids. 

Rigid plastic Large Packaging types are 

designated: 

50H rigid plastics. 

(b) A Rigid plastic Large Packaging 

must be manufactured from plastic 

material of known specifications and be 

of a strength relative to its capacity and 

to the service it is required to perform. 

In addition to conformance to § 173.24 

of this subchapter, plastic materials 

must be resistant to aging and to 

degradation caused by ultraviolet 

radiation. 

(1) If protection against ultraviolet 

radiation is necessary, it must be 

provided by the addition of a pigment 

or inhibiter such as carbon black to 

plastic materials. These additives must 

be compatible with the contents and 

remain effective throughout the life of 

the plastic Large Packaging body. Where 

use is made of carbon black, pigments 

or inhibitors, other than those used in 

the manufacture of the tested design 

type, retesting may be omitted if 

changes in the carbon black content, the 

pigment content or the inhibitor content 

do not adversely affect the physical 

properties of the material of 

construction. 

(2) Additives may be included in the 

composition of the plastic material to 

improve the resistance to aging or to 

serve other purposes, provided they do 

not adversely affect the physical or 

chemical properties of the material of 

construction. 

(3) No used material other than 

production residues or regrind from the 

same manufacturing process may be 

used in the manufacture of rigid plastic 

Large Packagings. 

(c) Rigid plastic Large Packagings: 

(1) May not have a volumetric 

capacity greater than 3,000 L (793 

gallons); and 

(2) May not have a volumetric 

capacity less than 56 450 L (119 

gallons). 

§ 178.907 Standards for fiberboard Large 

Packagings. 

(a) The provisions in this section 

apply to fiberboard Large Packagings 

intended to contain solids. Fiberboard 

Large Packaging types are designated: 

50G fiberboard. 

(b) Construction requirements for 

fiberboard Large Packagings. 

(1) Fiberboard Large Packagings must 

be constructed of strong, solid or 

double-faced corrugated fiberboard 

(single or multiwall) that is appropriate 

to the capacity of the Large Packagings 

and to their intended use. Water 

resistance of the outer surface must be 

such that the increase in mass, as 

determined in a test carried out over a 

period of 30 minutes by the Cobb 

method of determining water 

absorption, is not greater than 155 grams 

per square meter (0.0316 pounds per 

square foot)—see ISO 535 (E) (IBR, see 

§ 171.7 of this subchapter). Fiberboard 

must have proper bending qualities. 

Fiberboard must be cut, creased without 


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cutting through any thickness of 

fiberboard, and slotted so as to permit 

assembly without cracking, surface 

breaks or undue bending. The fluting or 

corrugated fiberboard must be firmly 

glued to the facings. 

(i) The walls, including top and 

bottom, must have a minimum puncture 

resistance of 15 Joules (11 foot-pounds 

of energy) measured according to ISO 

3036 (IBR, see § 171.7 of this 

subchapter) 

(ii) Manufacturers’ joints in the outer 

packaging of Large Packagings must be 

made with an appropriate overlap and 

be taped, glued, stitched with metal 

staples or fastened by other means at 

least equally effective. Where joints are 

made by gluing or taping, a water 

resistant adhesive must be used. Metal 

staples must pass completely through 

all pieces to be fastened and be formed 

or protected so that any inner liner 

cannot be abraded or punctured by 

them. 

(2) Integral and detachable pallets. (i) 

Any integral pallet base forming part of 

a Large Packaging or any detachable 

pallet must be suitable for mechanical 

handling with the Large Packaging filled 

to its maximum permissible gross mass. 

(ii) The pallet or integral base must be 

designed to avoid protrusions causing 

damage to the fiberboard Large 

Packagings in handling. 

(iii) The body must be secured to any 

detachable pallet to ensure stability in 

handling and transport. Where a 

detachable pallet is used, its top surface 

must be free from protrusions that might 

damage the Large Packaging. 

(3) Strengthening devices, such as 

timber supports to increase stacking 

performance may be used but must be 

external to the liner. 

(4) The load-bearing surfaces of the 

Large Packagings intended for stacking 

must be designed to distribute the load 

in a stable manner. 

(c) Fiberboard Large Packagings may 

not have a volumetric capacity greater 

than 3,000 L (793 gallons) and not less 

than 450 L (119 gallons). 

§ 178.908 Standards for wooden Large 

Packagings. 

(a) The provisions in this section 

apply to wooden Large Packagings 

intended to contain solids. Wooden 

Large Packaging types are designated: 

(1) 50C natural wood 

(2) 50D plywood 

(3) 50F reconstituted wood 

(b) Construction requirements for 

wooden Large Packagings are as follows: 

(1) The strength of the materials used 

and the method of construction must be 

appropriate to the capacity and 

intended use of the Large Packagings. 

(i) Natural wood used in the 

construction of Large Packagings must 

be well-seasoned, commercially dry and 

free from defects that would materially 

lessen the strength of any part of the 

Large Packagings. Each Large Packaging 

part must consist of uncut wood or a 

piece equivalent in strength and 

integrity. Large packagings parts are 

equivalent to one piece when a suitable 

method of glued assembly is used (i.e., 

a Lindermann joint, tongue and groove 

joint, ship, lap or babbet joint; or butt 

joint with at least two corrugated metal 

fasteners at each joint, or when other 

methods at least equally effective are 

used). 

(ii) Plywood used in construction 

must be at least 3-ply. Plywood must be 

made of well-seasoned rotary cut, sliced 

or sawn veneer, commercially dry and 

free from defects that would materially 

lessen the strength of the Large 

Packagings. All adjacent piles must be 

glued with water resistant adhesive. 

Materials other than plywood may be 

used for the construction of the Large 

Packaging. 

(iii) Reconstituted wood used in the 

construction of Large Packagings must 

be water resistant reconstituted wood 

such as hardboard, particle board or 

other suitable type. 

(iv) Wooden Large Packagings must be 

firmly nailed or secured to corner posts 

or ends or be assembled by similar 

devices. 

(2) Integral and detachable pallets. (i) 

Any integral pallet base forming part of 

a Large Packaging, or any detachable 

pallet must be suitable for mechanical 

handling of a Large Packaging filled to 

its maximum permissible gross mass. 

(ii) The pallet or integral base must be 

designed to avoid protrusion that may 

cause damage to the Large Packaging in 

handling. 

(iii) The body must be secured to any 

detachable pallet to ensure stability in 

handling and transportation. Where a 

detachable pallet is used, its top surface 

must be free from protrustions that 

might damage the Large Packaging. 

(3) Strengthening devices, such as 

timber supports to increase stacking 

performance, may be used but must be 

external to the liner. 

(4) The load bearing surfaces of the 

Large Packaging must be designed to 

distribute loads in a stable manner. 

(c) Wooden Large Packagings: 

(1) May not have a volumetric 

capacity greater than 3,000 L (793 

gallons); and 

(2) May not have a volumetric 

capacity less than 450 L (119 gallons). 

§ 178.909 Standards for flexible Large 

Packagings. 

(a) The provisions in this section 

apply to flexible Large Packagings 

intended to contain liquids and solids. 

Flexible Large Packagings types are 

designated: 

(1) 51H flexible plastics 

(2) 51M flexible paper 

(b) Construction requirements for 

flexible Large Packagings are as follows: 

(1) The strength of the material and 

the construction of the flexible Large 

Packagings must be appropriate to its 

capacity and its intended use. 

(2) All materials used in the 

construction of flexible Large 

Packagings of types 51M must, after 

complete immersion in water for not 

less than 24 hours, retain at least 85 

percent of the tensile strength as 

measured originally on the material 

conditioned to equilibrium at 67 percent 

relative humidity or less. 

(3) Seams must be stitched or formed 

by heat sealing, gluing or any equivalent 

method. All stitched seam-ends must be 

secured. 

(4) In addition to conformance with 

the requirements of § 173.24 of this 

subchapter, flexible Large Packaging 

must be resistant to aging and 

degradation caused by ultraviolet 

radiation. 

(5) For plastics flexible Large 

Packagings, if necessary, protection 

against ultraviolet radiation must be 

provided by the addition of pigments or 

inhibitors such as carbon black. These 

additives must be compatible with the 

contents and remain effective 

throughout the life of the Large 

Packaging. Where use is made of carbon 

black, pigments or inhibitors other than 

those used in the manufacture of the 

tested design type, retesting may be 

omitted if the carbon black content, the 

pigment content or the inhibitor content 

do not adversely affect the physical 

properties of the material of 

construction. 

(6) Additives may be included in the 

composition of the material of the Large 

Packaging to improve the resistance to 

aging, provided they do not adversely 

affect the physical or chemical 

properties of the material. 

(7) When flexible material Large 

Packagings are filled, the ratio of height 

to width must be no more than 2:1. 

(c) Flexible Large Packagings: 

(1) May not have a volumetric 

capacity greater than 3,000 L (793 

gallons); 

(2) May not have a volumetric 

capacity less than 56 L (15 gallons); and 

(3) Must be designed and tested to a 

capacity of not less than 50 kg (110 

pounds). 


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51. Subpart Q is added to Part 178 as 

follows: 

Subpart Q—Testing of Large 

Packagings 

Sec. 

178.1000 Purpose and scope. 

178.1001 General requirements. 

178.1002 Preparation of Large Packagings 

for testing. 

178.1010 Drop test. 

178.1011 Bottom lift test. 

178.1012 Top lift test. 

178.1015 Stacking test. 

178.1019 Vibration test. 

§ 178.1000 Purpose and scope. 

This subpart prescribes certain testing 

requirements for Large Packagings 

identified in subpart P of this part. 

§ 178.1001 General requirements. 

(a) General: The test procedures 

prescribed in this subpart are intended 

to ensure that Large Packagings 

containing hazardous materials can 

withstand normal conditions of 

transportation. These test procedures 

are considered minimum requirements. 

Each packaging must be manufactured 

and assembled so as to be capable of 

successfully passing the prescribed tests 

and to conform to the requirements of 

§ 173.24 of this subchapter while in 

transportation. 

(b) Responsibility. It is the 

responsibility of the Large Packaging 

manufacturer to ensure each Large 

Packaging is capable of passing the 

prescribed tests. To the extent a Large 

Packagings’ assembly function, 

including final closure, is performed by 

the person who offers a hazardous 

material for transportation, that person 

is responsible for performing the 

function in accordance with §§ 173.22 

and 178.2 of this subchapter. 

(c) Definitions. For the purpose of this 

subpart: 

(1) Large packaging design type refers 

to a Large Packaging which does not 

differ in structural design, size, material 

of construction and packing. 

(2) Design qualification testing is the 

performance of the drop, stacking, and 

bottom-lift or top-lift tests, as 

applicable, prescribed in this subpart, 

for each different Large Packaging 

design type, at the start of production of 

that packaging. 

(3) Periodic design requalification test 

is the performance of the applicable 

tests specified in paragraph (c)(2) of this 

section on a Large Packaging design 

type, in order to requalify the design for 

continued production at the frequency 

specified in paragraph (e) of this 

section. 

(4) Production inspection is the 

inspection, which must initially be 

conducted on each newly manufactured 

Large Packaging. 

(5) Different Large Packaging design 

type is one, which differs from a 

previously qualified Large Packaging 

design type in structural design, size, 

material of construction, wall thickness, 

or manner of construction, but does not 

include: 

(i) A packaging, which differs in 

surface treatment; 

(ii) A rigid plastic Large Packaging, 

which differs with regard to additives 

used to comply with §§ 178.906(b) or 

178.909(b); 

(iii) A packaging, which differs only 

in its lesser external dimensions (i.e., 

height, width, length) provided 

materials of construction and material 

thickness or fabric weight remain the 

same; 

(d) Design qualification testing. The 

packaging manufacturer must achieve 

successful test results for the design 

qualification testing at the start of 

production of each new or different 

Large Packaging design type. 

Application of the certification mark by 

the manufacturer constitutes 

certification that the Large Packaging 

design type passed the prescribed tests 

in this subpart. 

(e) Periodic design requalification 

testing. (1) Periodic design 

requalification must be conducted on 

each qualified Large Packaging design 

type if the manufacturer is to maintain 

authorization for continued production. 

The Large Packaging manufacturer must 

achieve successful test results for the 

periodic design requalification at 

sufficient frequency to ensure each 

packaging produced by the 

manufacturer is capable of passing the 

design qualification tests. Design 

requalification tests must be conducted 

at least once every 24 months. 

(2) Changes in the frequency of design 

requalification testing specified in 

paragraph (e)(1) of this section are 

authorized if approved by the Associate 

Administrator. 

(f) Test samples. The manufacturer 

must conduct the design qualification 

and periodic tests prescribed in this 

subpart using random samples of 

packagings, in the numbers specified in 

the appropriate test section. 

(g) Selective testing. The selective 

testing of Large Packagings, which differ 

only in minor respects from a tested 

type is permitted as described in this 

section. For air transport, Large 

Packagings must comply with 

§ 173.27(c)(1) and (c)(2) of this 

subchapter. Variations are permitted in 

inner packagings of a tested Large 

Packaging, without further testing of the 

package, provided an equivalent level of 

performance is maintained and the 

methodology used to determine that the 

inner packaging, including closure, 

maintains an equivalent level of 

performance is documented in writing 

by the person certifying compliance 

with this paragraph and retained in 

accordance with paragraph (l) of this 

section. Permitted variations are as 

follows: 

(1) Inner packagings of equivalent or 

smaller size may be used provided—

(i) The inner packagings are of similar 

design to the tested inner packagings 

(i.e. shape-round, rectangular, etc.); 

(ii) The material of construction of the 

inner packagings (glass, plastic, metal, 

etc.) offers resistance to impact and 

stacking forces equal to or greater than 

that of the originally tested inner 

packaging; 

(iii) The inner packagings have the 

same or smaller openings and the 

closure is of similar design (e.g., screw 

cap, friction lid, etc.); 

(iv) Sufficient additional cushioning 

material is used to take up void spaces 

and to prevent significant movement of 

the inner packagings; 

(v) Inner packagings are oriented 

within the outer packaging in the same 

manner as in the tested package; and, 

(vi) The gross mass of the package 

does not exceed that originally tested. 

(2) A lesser number of the tested inner 

packagings, or of the alternative types of 

inner packagings identified in paragraph 

(g)(1) of this section, may be used 

provided sufficient cushioning is added 

to fill void space(s) and to prevent 

significant movement of the inner 

packagings. 

(h) Proof of compliance. 

Notwithstanding the periodic design 

requalification testing intervals 

specified in paragraph (e) of this 

section, the Associate Administrator, or 

a designated representative, may at any 

time require demonstration of 

compliance by a manufacturer, through 

testing in accordance with this subpart, 

to ensure packagings meet the 

requirements of this subpart. As 

required by the Associate 

Administrator, or a designated 

representative, the manufacturer must 

either: 

(1) Conduct performance tests or have 

tests conducted by an independent 

testing facility, in accordance with this 

subpart; or 

(2) Make a sample Large Packaging 

available to the Associate 

Administrator, or a designated 

representative, for testing in accordance 

with this subpart. 

(i) Record retention. Following each 

design qualification test and each 

periodic retest on a Large Packaging, a 


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test report must be prepared. The test 

report must be maintained at each 

location where the Large Packaging is 

manufactured and each location where 

the design qualification tests are 

conducted, for as long as the Large 

Packaging is produced and for at least 

two years thereafter, and at each 

location where the periodic retests are 

conducted until such tests are 

successfully performed again and a new 

test report produced. In addition, a copy 

of the test report must be maintained by 

a person certifying compliance with this 

part. The test report must be made 

available to a user of a Large Packaging 

or a representative of the Department 

upon request. The test report, at a 

minimum, must contain the following 

information: 

(1) Name and address of test facility; 

(2) Name and address of applicant 

(where appropriate); 

(3) A unique test report identification; 

(4) Date of the test report; 

(5) Manufacturer of the packaging; 

(6) Description of the packaging 

design type (e.g. dimensions, materials, 

closures, thickness, etc.), including 

methods of manufacture (e.g. blow 

molding) and which may include 

drawing(s) and/or photograph(s); 

(7) Maximum capacity; 

(8) Characteristics of test contents, e.g. 

viscosity and relative density for liquids 

and particle size for solids; 

(9) Mathematical calculations 

performed to conduct and document 

testing (for example, drop height, test 

capacity, outage requirements, etc.); 

(10) Test descriptions and results; and 

(11) Signature with the name and title 

of signatory. 

§ 178.1002 Preparation of Large 

Packagings for testing. 

(a) Except as otherwise provided in 

this subchapter, each Large Packaging 

and package must be closed in 

preparation for testing and tests must be 

carried out in the same manner as if 

prepared for transportation, including 

inner packagings. All closures must be 

installed using proper techniques and 

torques. 

(b) For the drop and stacking test, 

inner receptacles must be filled to not 

less than 95 percent of maximum 

capacity (see § 171.8 of this subchapter) 

in the case of solids and not less than 

98 percent of maximum in the case of 

liquids. Bags must be filled to the 

maximum mass at which they may be 

used. For Large Packagings where the 

inner packagings are designed to carry 

liquids and solids, separate testing is 

required for both liquid and solid 

contents. The material to be transported 

in the packagings may be replaced by a 

non-hazardous material, except for 

chemical compatibility testing or where 

this would invalidate the results of the 

tests. 

(c) If the material to be transported is 

replaced for test purposes by a nonhazardous material, the material used 

must be of the same or higher specific 

gravity as the material to be carried, and 

its other physical properties (grain, size, 

viscosity) which might influence the 

results of the required tests must 

correspond as closely as possible to 

those of the hazardous material to be 

transported. It is permissible to use 

additives, such as bags of lead shot, to 

achieve the requisite total package mass, 

so long as they do not affect the test 

results. 

(d) Paper or fiberboard Large 

Packagings must be conditioned for at 

least 24 hours immediately prior to 

testing in an atmosphere maintained—

(1) At 50 percent ±2 percent relative 

humidity, and at a temperature of 23 °C 

±2 °C (73 °F ±4 °F). Average values 

should fall within these limits. Shortterm fluctuations and measurement 

limitations may cause individual 

measurements to vary by up to ±5 

percent relative humidity without 

significant impairment of test 

reproducibility; 

(2) At 65 percent 2 percent relative 

humidity, and at a temperature of 20 °C 

±2 °C (68 °F ±4 °F), or 27 °C ±2 °C (81 

°F ±4 °F). Average values should fall 

within these limits. Short-term 

fluctuations and measurement 

limitations may cause individual 

measurements to vary by up to ±5 

percent relative humidity without 

significant impairment of test 

reproducibility; or 

(3) For testing at periodic intervals 

only (i.e., other than initial design 

qualification testing), at ambient 

conditions. 

§ 178.1010 Drop test. 

(a) General. The drop test must be 

conducted for the qualification of all 

Large Packagings design types and 

performed periodically as specified in 

§ 178.1001(e) of this subpart. 

(b) Special preparation for the drop 

test. Large packagings must be filled in 

accordance with § 178.1002. 

(c) Conditioning. Rigid plastic Large 

Packagings and Large Packagings with 

plastic inner receptacles must be 

conditioned for testing by reducing the 

temperature of the packaging and its 

contents to 18 °C (0 °F) or lower. Test 

liquids must be kept in the liquid state, 

if necessary, by the addition of antifreeze. Water/anti-freeze solutions with 

a minimum specific gravity of 0.95 for 

testing at 18 °C (0 °F) or lower are 

considered acceptable test liquids, and 

may be considered equivalent to water 

for test purposes. Large Packagings 

conditioned in this way are not required 

to be conditioned in accordance with 

§ 178.1002(d). 

(d) Test method. (1) Samples of all 

Large Packaging design types must be 

dropped onto a rigid, non-resilient, 

smooth, flat and horizontal surface. The 

point of impact must be the most 

vulnerable part of the base of the Large 

Packaging being tested. Following the 

drop, the Large Packaging must be 

restored to the upright position for 

observation. 

(2) Large Packaging design types with 

a capacity of 0.45 cubic meters (15.9 

cubic feet) or less must be subject to an 

addition drop test. 

(e) Drop height. (1) For all Large 

Packagings, drop heights are specified 

as follows: 

(i) Packing group I: 1.8 m (5.9 feet) 

(ii) Packing group II: 1.2 m (3.9 feet) 

(iii) Packing group III: 0.8 m (2.6 feet) 

(2) Drop tests are to be performed 

with the solid or liquid to be 

transported or with a non-hazardous 

material having essentially the same 

physical characteristics. 

(3) The specific gravity and viscosity 

of a substituted non-hazardous material 

used in the drop test for liquids must be 

similar to the hazardous material 

intended for transportation. Water also 

may be used for the liquid drop test 

under the following conditions: 

(i) Where the substance to be carried 

have a specific gravity not exceeding 

1.2, the drop heights must be those 

specified in paragraph (e)(1) of this 

section for each Large Packaging design 

type; and 

(ii) Where the substances to be carried 

have a specific gravity exceeding 1.2, 

the drop heights must be as follows: 

(A) Packing Group I: SG x 1.5 m (4.9 

feet) 

(B) Packing Group II: SG x 1.0 m (3.3 

feet) 

(C) Packing Group III: SG x 0.67 m 

(2.2 feet) 

(f) Criteria for passing the test. For all 

Large Packaging design types there may 

be no loss of the filling substance from 

inner packaging(s) or article(s). Ruptures 

are not permitted in Large Packaging for 

articles of Class 1 which permit the 

spillage of loose explosive substances or 

articles from the Large Packaging. 

Where a Large Packaging undergoes a 

drop test, the sample passes the test if 

the entire contents are retained even if 

the closure is no longer sift-proof. 

§ 178.1011 Bottom lift test. 

(a) General. The bottom lift test must 

be conducted for the qualification of all 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 71, No. 170 / Friday, September 1, 2006 / Proposed Rules 52039 

Large Packagings design types designed 

to be lifted from the base. 

(b) Special preparation for the bottom 

lift test. The Large Packaging must be 

loaded to 1.25 times its maximum 

permissible gross mass, the load being 

evenly distributed. 

(c) Test method. All Large Packaging 

design types must be raised and lowered 

twice by a lift truck with the forks 

centrally positioned and spaced at three 

quarters of the dimension of the side of 

entry (unless the points of entry are 

fixed). The forks must penetrate to three 

quarters of the direction of entry. 

(d) Criteria for passing the test. For all 

Large Packagings design types designed 

to be lifted from the base, there may be 

no permanent deformation which 

renders the Large Packaging unsafe for 

transport and there must be no loss of 

contents. 

§ 178.1012 Top lift test. 

(a) General. The top lift test must be 

conducted for the qualification of all of 

Large Packagings design types to be 

lifted from the top or, for flexible Large 

Packagings, from the side. 

(b) Special preparation for the top lift 

test. (1) Metal and rigid plastic Large 

Packagings design types must be loaded 

to twice its maximum permissible gross 

mass. 

(2) Flexible Large Packaging design 

types must be filled to six times the 

maximum permissible gross mass, the 

load being evenly distributed. 

(c) Test method. (1) A Large Packaging 

must be lifted in the manner for which 

it is designed until clear of the floor and 

maintained in that position for a period 

of five minutes. 

(2) Rigid plastic Large Packaging 

design types must be: 

(i) Lifted by each pair of diagonally 

opposite lifting devices, so that the 

hoisting forces are applied vertically for 

a period of five minutes; and 

(ii) Lifted by each pair of diagonally 

opposite lifting devices so that the 

hoisting forces are applied towards the 

center at 45° to the vertical, for a period 

of five minutes. 

(3) If not tested as indicated in 

paragraph (c)(1) of this section, a 

flexible Large Packaging design type 

must be tested as follows: 

(i) Fill the flexible Large Packaging to 

95% full with a material representative 

of the product to be shipped. 

(ii) Suspend the flexible Large 

Packaging by its lifting devices. 

(iii) Apply a constant downward force 

through a specially designed platen. The 

platen will be a minimum of 60 percent 

and a maximum of 80 percent of the 

cross sectional surface area of the 

flexible Large Packaging. 

(iv) The combination of the mass of 

the filled flexible Large Packaging and 

the force applied through the platen 

must be a minimum of six times the 

maximum net mass of the flexible Large 

Packaging. The test must be conducted 

for a period of five minutes. 

(v) Other equally effective methods of 

top lift testing and preparation may be 

used with approval of the Associate 

Administrator. 

(d) Criterion for passing the test. For 

all Large Packagings design types 

designed to be lifted from the top, there 

may be no permanent deformation 

which renders the Large Packagings 

unsafe for transport and no loss of 

contents. 

§ 178.1015 Stacking test. 

(a) General. The stacking test must be 

conducted for the qualification of all 

Large Packagings design types intended 

to be stacked. 

(b) Special preparation for the 

stacking test. (1) All Large Packagings 

except flexible Large Packaging design 

types must be loaded to their maximum 

permissible gross mass. 

(2) Flexible Large Packagings must be 

filled to not less than 95 percent of their 

capacity and to their maximum net 

mass, with the load being evenly 

distributed. 

(c) Test method. (1) All Large 

Packaging must be placed on their base 

on level, hard ground and subjected to 

a uniformly distributed superimposed 

test load for a period of at least five 

minutes (see paragraph (c)(5) of this 

section). 

(2) Fiberboard and wooden Large 

Packagings must be subjected to the test 

for 24 hours. 

(3) Rigid plastic Large Packagings 

which bear the stacking load must be 

subjected to the test for 28 days at 40 °C 

(104 °F). 

(4) For all Large Packagings, the load 

must be applied by one of the following 

methods: 

(i) One or more Large Packagings of 

the same type loaded to their maximum 

permissible gross mass and stacked on 

the test Large Packaging; 

(ii) The calculated superimposed test 

load weight loaded on either a flat plate 

or a reproduction of the base of the 

Large Packaging, which is stacked on 

the test Large Packaging; or 

(5) Calculation of superimposed test 

load. For all Large Packagings, the load 

to be placed on the Large Packaging 

must be 1.8 times the combined 

maximum permissible gross mass of the 

number of similar Large Packaging that 

may be stacked on top of the Large 

Packaging during transportation. 

(d) Periodic Retest. (1) The package 

must be tested in accordance with 

§ 178.1015(c) of this subpart; or 

(2) The packaging may be tested using 

a dynamic compression testing 

machine. The test must be conducted at 

room temperature on an empty, 

unsealed packaging. The test sample 

must be centered on the bottom platen 

of the testing machine. The top platen 

must be lowered until it comes in 

contact with the test sample. 

Compression must be applied end to 

end. The speed of the compression 

tester must be one-half inch plus or 

minus one-fourth inch per minute. An 

initial preload of 50 pounds must be 

applied to ensure a definite contact 

between the test sample and the platens. 

The distance between the platens at this 

time must be recorded as zero 

deformation. The force ‘‘A’’ to then be 

applied must be calculated using the 

applicable formula: 

Liquids: A = (1.8)(n¥1) [w + (s × v × 

8.3 × .98)] × 1.5; 

or 

Solids: A = (1.8)(n¥1) [w + (s × v × 8.3 

× .95)] × 1.5 

Where: 

A = applied load in pounds. 

n = maximum number of Large 

Packagings that may be stacked 

during transportation. 

w = maximum weight of one empty 

container in pounds. 

s = specific gravity (liquids) or density 

(solids) of the lading. 

v = actual capacity of container (rated 

capacity + outage) in gallons. 

and: 

8.3 corresponds to the weight in pounds 

of 1.0 gallon of water. 

1.5 is a compensation factor that 

converts the static load of the stacking 

test into a load suitable for dynamic 

compression testing. 

(e) Criterion for passing the test. (1) 

For metal or rigid plastic Large 

Packagings, there may be no permanent 

deformation which renders the Large 

Packaging unsafe for transportation and 

no loss of contents. 

(2) For flexible Large Packagings, 

there may be no deterioration which 

renders the Large Packaging unsafe for 

transportation and no loss of contents. 

(3) For the dynamic compression test, 

a container passes the test if, after 

application of the required load, there is 

no permanent deformation to the Large 

Packaging which renders the whole 

Large Packaging; including the base 

pallet, unsafe for transportation; in no 

case may the maximum deflection 

exceed one inch. 


sroberts on PROD1PC70 with PROPOSALS
52040 Federal Register / Vol. 71, No. 170 / Friday, September 1, 2006 / Proposed Rules 

§ 178.1019 Vibration test. 

(a) General. The vibration test must be 

conducted for the qualification of all 

rigid Large Packaging design types. 

Flexible Large Packaging design types 

must be capable of withstanding the 

vibration test. 

(b) Test method. (1) A sample Large 

Packaging, selected at random, must be 

filled and closed as for shipment. Large 

Packagings intended for liquids may be 

tested using water as the filling material 

for the vibration test. 

(2) The sample Large Packaging must 

be placed on a vibrating platform that 

has a vertical or rotary doubleamplitude (peak-to-peak displacement) 

of one inch. The Large Packaging must 

be constrained horizontally to prevent it 

from falling off the platform, but must 

be left free to move vertically and 

bounce. 

(3) The sample Large Packaging must 

be placed on a vibrating platform that 

has a vertical double-amplitude (peakto-peak displacement) of one inch. The 

Large Packaging must be constrained 

horizontally to prevent it from falling off 

the platform, but must be left free to 

move vertically and bounce. 

(4) The test must be performed for one 

hour at a frequency that causes the 

package to be raised from the vibrating 

platform to such a degree that a piece 

of material of approximately 1.6-mm 

(0.063-inch) in thickness (such as steel 

strapping or paperboard) can be passed 

between the bottom of the Large 

Packaging and the platform. Other 

methods at least equally effective may 

be used (see § 178.801(i)). 

(c) Criterion for passing the test. A 

Large Packaging passes the vibration test 

if there is no rupture or leakage. 

Issued in Washington, DC on August 28, 

2006 under authority delegated in 49 CFR 

Part 106. 

Robert A. McGuire, 

Associate Administration for Hazardous 

Materials Safety. 

[FR Doc. 06–7360 Filed 8–31–06; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 579 

[Docket No. NHTSA–2006–25653; Notice 1] 

RIN 2127–AJ94 

Reporting of Early Warning 

Information 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document proposes 

amendments to certain provisions of the 

early warning reporting rule published 

pursuant to the Transportation Recall 

Enhancement, Accountability, and 

Documentation (TREAD) Act. This 

document proposes to modify and 

clarify some of the manufacturers’

reporting requirements under the rule. It 

would identify a subclass of field 

reports referred to as product evaluation 

reports and eliminate the requirement 

that manufacturers submit copies of 

them to the agency, revise the definition 

of fire, modify reporting relating to fuel 

systems on medium-heavy vehicles and 

buses, and limit the time period for 

required updates to a few data elements 

in reports of deaths and injuries. 

DATES: Comments Closing Date: 

Comments must be received on or 

before October 31, 2006. 

ADDRESSES: You may submit comments 

identified by DOT DMS Docket Number 

NHTSA 2006–25653 by any of the 

following methods: 

• Web site: http://dms.dot.gov. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and docket 

number or Regulatory Identification 

Number (RIN) for this rulemaking. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

Request for Comments heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. Note that all comments 

received will be posted without change 

to http://dms.dot.gov, including any 

personal information provided. Please 

see the Privacy Act heading of the 

SUPPLEMENTARY INFORMATION section of 

this document regarding documents 

submitted to the agency’s dockets. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

dms.dot.gov at any time or to Room PL–

401 on the plaza level of the Nassif 

Building, 400 Seventh Street, SW., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

all issues except legal issues, contact 

Tina Morgan, Office of Defects 

Investigation, NHTSA (phone: 202–366–

0699). For legal issues, contact Andrew 

DiMarsico, Office of Chief Counsel, 

NHTSA (phone: 202–366–5263). You 

may send mail to these officials at 

National Highway Traffic Safety 

Administration, 400 Seventh Street, 

SW., Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

Introduction 

I. Summary of the Proposed Rule 

II. Background 

A. The Early Warning Reporting Regulation 

B. Industry Recommendations 

C. Scope of This Rulemaking 

III. Discussion 

A. Field Reports 

B. Definition of Fire 

C. Brake and Fuel System Subcategories 

D. Updating of Reports on Death and Injury 

Incidents 

IV. Request for Comments 

V. Privacy Act Statement 

VI. Rulemaking Analyses and Notices 

Proposed Regulatory Text 

Introduction 

In November 2000, Congress enacted 

the Transportation Recall Enhancement, 

Accountability, and Documentation 

(TREAD) Act, Public Law 106–414, 

which was, in part, a response to the 

controversy surrounding the recall of 

certain tires that had been involved in 

numerous fatal crashes. Up until that 

time, in its efforts to identify safety 

defects in motor vehicles and 

equipment, NHTSA relied primarily on 

its analysis of complaints from 

consumers and technical service 

bulletins from manufacturers. Congress 

concluded that NHTSA did not have 

access to data that may have provided 

an earlier warning of the safety defects 

that existed in the tires that were 

eventually recalled. Accordingly, the 

TREAD Act included a requirement that 

NHTSA prescribe rules establishing 

early warning reporting requirements. 

In response to the TREAD Act 

requirements, NHTSA issued rules (49 

CFR part 579; 67 FR 45822; 67 FR 

63295) that, in addition to the 

information motor vehicle and 

equipment manufacturers were already 

required to provide, required that they 

provide certain additional information 

on foreign recalls and early warning 

indicators. The rules require: 

• Monthly reporting of manufacturer 

communications (e.g., notices to 


sroberts on PROD1PC70 with PROPOSALS