Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Proposed Rules 55757 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.lD and Department of 

Homeland Security Management 

Directive 5100.1, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, we believe that 

this rule should be categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction, from further 

environmental documentation. 

A final ‘‘Environmental Analysis 

Check List’’ and a final ‘‘Categorical 

Exclusion Determination’’ will be 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191; 33 CFR 1.05–1(g), 

6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 

116 Stat. 2064; Department of Homeland 

Security Delegation No. 0170.1. 

2. Add § 165.T11–144 to read as 

follows: 

§ 165.T11–144 Safety Zone; Red Bull Air 

Show Practice, San Francisco Bay, CA. 

(a) Location. The safety zone will 

include all navigable waters, from the 

surface to the seafloor, encompassed by 

connecting the following points to from 

an approximate square security zone, 

beginning at 37°48′29.50′′ N, 

122°26′34.08′′ W, thence 37°48′29.32′′ N, 

122°26′28.65′′ W, thence 37°48′24.95′′ N, 

122°26′25.25′′ W, thence 37°48′31.24′′ N, 

122°25′38.66′′ W, thence 37°48′37.96′′ N, 

122°25′33.80′′ W, thence 37°48′40.70′′ N, 

122°25′24.74′′ W, thence 37°48′51.90′′ N, 

122°25′24.79′′ W, lastly to 37°48′49.14′′ 

N, 122°26′34.08′′ W. 

(b) Definitions. As used in this 

section: (1) Designated representative 

means a commissioned, warrant, or 

petty officer of the Coast Guard who has 

been designated by the Captain of the 

Port (COTP), Coast Guard Sector San 

Francisco, or a Federal, State, and local 

officer designated by or assisting the 

COTP in the enforcement of the safety 

zone. 

(2) [Reserved] 

(c) Regulations. (1) Under the general 

regulations in § 165.23, entry into, 

transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the COTP or his 

designated representative. 

(2) Vessel operators desiring to enter 

or operate within the safety zone may 

contact the COTP or his representative 

at telephone number 415–399–3547 or 

on VHF–FM channel 16 (156.8 MHz). 

Vessel operators given permission to 

enter or operate in the safety zone must 

comply with all directions given to 

them by the COTP or his designated 

representative. 

(d) Enforcement and suspension of 

enforcement of certain safety zones. The 

COTP will provide notice of the 

enforcement of the safety zones listed in 

paragraph (a) of this section and notice 

of suspension of enforcement by the 

means appropriate to affect the widest 

publicity, including broadcast notice to 

mariners and publication in the local 

notice to mariners. 

(e) Effective period. This section is 

effective October 4, 2006 from 10 a.m. 

through 2 p.m. 

Dated: September 8, 2006. 

W. J. Uberti, 

Captain, U.S. Coast Guard, Captain of the 

Port, San Francisco, California. 

[FR Doc. 06–8134 Filed 9–22–06; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 171, 172, 173, 175, 177, 

178, and 180 

[Docket No. PHMSA–05–21812 (HM–218D)] 

RIN 2137–AE10 

Hazardous Materials; Miscellaneous 

Amendments 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 


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55758 Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Proposed Rules 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: PHMSA proposes to make 

miscellaneous amendments to the 

Hazardous Materials Regulations based 

on petitions for rulemaking and PHMSA 

initiatives. These proposed amendments 

are intended to update, clarify or 

provide relief from certain regulatory 

requirements. Among other provisions, 

PHMSA is proposing a new proper 

shipping name and UN identification 

number for fuel mixtures composed of 

ethanol and gasoline to help emergency 

response personnel respond 

appropriately to incidents involving 

such fuel mixtures. In addition, PHMSA 

proposes to update certain 

incorporations by reference, revise and 

clarify certain hazard communication 

requirements, and clarify transportation 

requirements applicable to dry ice, 

detonator assemblies and explosives. 

PHMSA also proposes to provide 

expanded exceptions from regulation for 

household hazardous wastes and small 

amounts of materials used in 

pharmaceutical research. 

DATES: Comments must be received by 

November 24, 2006. 

ADDRESSES: You may submit comments 

identified by DOT DMS Docket Number 

PHMSA–05–21812 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: 202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

PL–401, Washington, DC 20590–0001. 

• 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 

Public Participation 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 under 

Regulatory Analyses and Notices. 

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: 

Cameron Satterthwaite, Office of 

Hazardous Materials Standards, (202) 

366–8553, Pipeline and Hazardous 

Materials Safety Administration, U.S. 

Department of Transportation, 400 

Seventh Street, SW., Washington, DC 

20590–0001. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This NPRM is designed to reduce 

regulatory burdens on industry by 

incorporating changes into the 

Hazardous Materials Regulations (HMR; 

49 CFR Parts 171–180) based on 

PHMSA’s own initiatives and petitions 

for rulemaking submitted in accordance 

with 49 CFR 106.95. To this end, we are 

proposing to eliminate, revise, clarify 

and relax certain regulatory 

requirements. 

In this NPRM, we are proposing to: 

(1) Update incorporations by 

reference of industry consensus 

standards issued by the Chlorine 

Institute and the Compressed Gas 

Association (see §§ 171.7, 173.301, 

178.337–9, and 178.337–10). 

(2) Add a definition for ‘‘household 

wastes’’ to clarify the current exception 

in the HMR for transportation of such 

materials (see §§ 171.8, 173.12 and 

173.134). 

(3) Revise the Hazardous Materials 

Table (HMT) to harmonize certain 

entries with international standards (see 

§ 172.101) by removing, adding, and 

revising certain proper shipping names. 

Most significantly, we are adding a new 

hazardous material entry to the HMR for 

ethanol and gasoline mixtures (E85) to 

ensure emergency responders utilize the 

most effective emergency response 

procedures for incidents involving fuel 

mixtures of ethanol and gasoline (see 

item no. 9 below). 

(4) Revise certain hazard 

communication requirements to address 

marine pollutant, limited quantity, and 

proper shipping name markings on 

packages and labels on overpacks and 

intermediate bulk containers (IBCs) (see 

§§ 172.203, 172.315, and 172.406). 

(5) Clarify that shippers of materials 

for which safety permits are required in 

accordance with the Federal Motor 

Carrier Safety Regulations must utilize 

only carriers with current safety permits 

(see § 173.22). 

(6) Clarify requirements applicable to 

the transportation of dry ice on aircraft, 

detonator assemblies, and packagings 

authorized for the transportation of 

certain explosives (see §§ 173.24, 

173.61, 173.62, 173.217, 175.30, and 

175.900). 

(7) Add an exception from HMR for 

small amounts of hazardous materials 

(see § 173.4). 

(8) Clarify segregation requirements 

for hazardous materials transported by 

motor carrier (see § 177.848). 

(9) The 2004 Emergency Response 

Guidebook (ERG2004) refers to Guide 

127 (Flammable Liquids Polar/WaterMiscible) for response to incidents 

involving Alcohols, n.o.s., 3, UN1987, 

and Denatured alcohol, 3, NA1987. 

Guide 127 specifies the use of alcohol 

resistant foam. For incidents involving 

Flammable liquid, n.o.s., (ethanol, 

gasoline), 3, UN1993, and Gasohol, 3, 

NA1203, ERG 2004 refers to Guide 128 

(Flammable Liquids Non-Polar/WaterImmiscible). Guide 128 specifies the use 

of regular foam, but contains the 

following warning: CAUTION: ‘‘For 

mixtures containing a high percentage 

of an alcohol or polar solvent, alcoholresistant foam may be more effective.’’

To help emergency responders utilize 

the most effective emergency response 

procedures for incidents involving fuel 

mixtures composed of ethanol (or ‘‘ethyl 

alcohol’’) and gasoline in various 

concentrations we are proposing to add 

a new entry ‘‘Ethanol and gasoline 

mixture or Ethanol and motor spirit or 

Ethanol and petrol mixture, with more 

than 10% ethanol, 3, UN3475, II’’ to the 

HMT. This proposed new HMT entry is 

consistent with a proposed amendment 

to be incorporated into the 15th Revised 

Edition of the UN Model Regulations. 

We are also proposing to revise the 

entry for ‘‘Gasohol gasoline mixed with 

ethyl alcohol, with not more than 20 

percent alcohol, 3, NA1203, II’’ to limit 

this entry gasoline mixtures with no 

more than 10 percent alcohol. We are 

also proposing a 2-year transition period 

for these proposals. (See discussion 

under § 171.14). 

Alternative fuels such as bio-diesel, 

ethanol and methanol, have been 

produced and used on a small scale for 

decades, driven by environmental, 

economic, and energy security concerns. 

The most common of these fuels is 

designated E85. E85 is composed of 85 

percent ethyl alcohol (ethanol) and 15 

percent petroleum (gasoline) and is 

being used in increasing volumes in the 

United States. Fires involving E85 and 

other ethanol/gasoline mixtures 

containing more than 10% ethanol 

should be treated differently than 

traditional gasoline fires because these 


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Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Proposed Rules 55759 

mixtures are polar/water-miscible 

flammable liquids (i.e., they mix with 

water) and will degrade the 

effectiveness of fire-fighting foam that is 

not alcohol-resistant. 

We understand that if we adopt this 

new shipping description, fuel suppliers 

and cargo tank operators may incur 

additional costs associate with revisions 

to the hazard communication 

requirements. Therefore, we are 

interested in identifying measures to 

minimize costs while effectively 

communicating the hazards to the 

emergency response community. 

Because numerical data for these 

proposals are difficult to obtain, we 

invite commenters to address the merits 

of the proposal to add the new entry 

‘‘Ethanol and gasoline mixture or 

Ethanol and motor spirit or Ethanol and 

petrol mixture, with more than 10% 

ethanol,’’ 3, UN3475, II to the HMT and 

of the proposal to limit the entry for 

‘‘Gasohol gasoline mixed with ethyl 

alcohol, with not more than 20 percent 

alcohol, 3, NA1203, II to gasoline 

mixtures with no more than 10 percent 

alcohol. 

To provide outreach to emergency 

responders, PHMSA issued a Safety 

Alert to provide emergency responders 

with guidance on appropriate 

procedures for responding to incidents 

involving fuel mixtures composed of 

ethanol. In addition, PHMSA is 

providing Hazardous Material 

Emergency Preparedness Grants to 

emergency responders for planning and 

training which includes training for 

responses to incidents involving 

gasoline and ethanol mixtures. PHMSA 

is also partnering with the Renewable 

Fuel Association and the International 

Association of Fire Chiefs to revise 

existing safety training materials for 

emergency response personnel to 

include guidance for responding to 

incidents involving gasoline and 

ethanol fuel mixtures. 

These proposals are discussed in 

more detail in the section-by-section 

review. 

II. Section-by-Section Review 

The following is a section-by-section 

summary of the proposed changes. 

Part 171 

Section 171.4 

Section 171.4 prohibits the 

transportation of materials meeting the 

definition of a marine pollutant except 

in accordance with HMR requirements. 

Currently, paragraph (c) excepts marine 

pollutants transported in non-bulk 

packagings from HMR requirements, 

unless the transportation is by vessel. 

We are proposing to revise paragraph (c) 

to clarify shipments for which all or part 

of the transportation is by vessel must 

conform to applicable HMR 

requirements, even if the initial 

transportation is by rail or highway. A 

more complete explanation of this issue 

can be found in the preamble discussion 

for § 172.203. 

Section 171.7 

We have reviewed the updated 

Chlorine Institute’s pamphlets 

pertaining to cargo tanks and bulk 

transfer facilities. We have also 

reviewed the updated Compressed Gas 

Association’s pamphlets pertaining to 

compressed gas cylinders. As a result, 

we have found no provisions that would 

impose additional requirements or 

would have an adverse impact on safety. 

Therefore, we are proposing to update, 

revise, and add the following 

incorporation by reference (IBR) 

materials in paragraph (a)(3), within the 

Table of material incorporated by 

reference,: 

• In response to a Chlorine Institute 

petition (P–1444), under the entry 

‘‘Chlorine Institute,’’ we propose to 

update ‘‘Type 11⁄2 JQ 225, Dwg., 

H51970, Revision D April 5, 1989; or 

Type 11⁄2 JQ 225, Dwg. H50155, 

Revision F, April 4, 1989’’ to Revisions 

F and H respectively. 

• In response to a Chlorine Institute 

petition (P–1444), under the entry 

‘‘Chlorine Institute,’’ we propose to 

update ‘‘Section 3, Pamphlet 57, 

Emergency Shut-Off Systems for Bulk 

Transfer of Chlorine, 3rd Edition, 

October 1997’’ to the 4th Edition, 

October 2003. 

• In response to a Chlorine Institute 

petition (P–1444), under the entry 

‘‘Chlorine Institute,’’ we propose to add 

‘‘Section 3, Pamphlet 166 Angle Valve 

Guidelines for Chlorine Bulk 

Transportation, 1st Edition, October 

2002.’’

• In response to a Chlorine Institute 

petition (P–1444) and a Midland 

Manufacturing Corporation petition (P–

1448), under the entry ‘‘Chlorine 

Institute,’’ we propose to add ‘‘Typical 

Manway Arrangement Chlorine Cargo 

Tank, Dwg. 137–5, November 1996.’’

• In response to a Chlorine Institute 

petition (P–1444), under the entry 

‘‘Chlorine Institute,’’ we propose to 

remove the section reference for 

‘‘Standards for Housing and Manway 

Covers for Steel Cargo Tanks, Dwgs. 

137–1 and 137–2, September 1, 1982.’’

• We propose to update ‘‘CGA 

Pamphlet C–5 Cylinder Service Life—

Seamless Steel High Pressure Cylinders, 

1991’’ to the reaffirmed 1995 Edition. 

• In response to a Compressed Gas 

Association (CGA) petition (P–1472), we 

propose to update ‘‘CGA Pamphlet C–7, 

A Guide for the Preparation of 

Precautionary Markings of Compressed 

Gas Containers, appendix A, issued 

1992 (6th Edition)’’ to the 2004 (Eighth) 

Edition. The updated pamphlet allows 

for hazard class numbers to be placed 

on subsidiary labels which is prohibited 

in the 1992 edition. 

• In response to a Compressed Gas 

Association (CGA) petition (P–1440), we 

propose to permit the use of ‘‘CGA 

Pamphlet S–1.1, Pressure Relief Device 

Standards-Part 1–Cylinders for 

Compressed Gases, 2005 (with the 

exception of paragraph 9.1.1.1), Twelfth 

Edition’’ for DOT specification cylinders 

and UN pressure receptacles. Currently, 

the Ninth edition (1996) is authorized 

for DOT specification cylinders and the 

Eleventh edition (2003) is authorized for 

UN pressure receptacles. 

• In response to a CGA petition (P–

1440), we propose to update ‘‘CGA 

Pamphlet S–7, Method for Selecting 

Pressure Relief Devices for Compressed 

Gas Mixtures in Cylinders, 1996’’ to the 

2005 Edition. 

• We propose to update ‘‘ISO 7225, 

Gas cylinders—Precautionary labels, 

First Edition, November 1994, 

(Corrected and reprinted August 1995), 

(E)’’ to the Second edition, July 2005. 

We are also proposing to revise 

paragraph (b) of this section, which is 

the list of informational materials not 

requiring incorporation by reference, to 

add an additional reference to guidance 

material for those who perform 

hydrostatic testing and visual 

inspections on cylinders. This 

document is entitled ‘‘CGA Pamphlet C–

1.1-Personnel Training and Certification 

Guidelines for Cylinder Requalification 

By the Volumetric Expansion, issued 

2004 (1st Edition).’’

Section 171.8 

The HMR, in § 173.134(b)(13)(i), 

include an exception from regulatory 

requirements for household wastes. 

However, the HMR currently do not 

define ‘‘household wastes.’’ In this 

NPRM, we are proposing to add a new 

definition for ‘‘Household wastes’’ to 

mean ‘‘any solid waste (including 

garbage, trash, and sanitary waste from 

septic tanks) derived from households 

(including single and multiple 

residences, hotels and motels, 

bunkhouses, ranger stations, crew 

quarters, campgrounds, picnic grounds, 

and day-use recreation areas).’’ We are 

also proposing to clarify that household 

wastes are not subject to the HMR. See 

the preamble discussion for § 173.12 for 


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55760 Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Proposed Rules 

a more complete explanation of this 

clarification. 

Section 171.14 

This section lists specific transition 

periods for certain provisions adopted 

into the HMR. In this NPRM, to provide 

shippers, carriers and emergency 

responders sufficient time to plan for 

and implement the proposed new 

shipping description pertaining to E85 

with minimal costs (see § 171.101), we 

propose to add a new paragraph (g) to 

provide a 2-year transition period for 

the mandatory use of the revised proper 

shipping description ‘‘Gasohol gasoline 

mixed with ethyl alcohol, with not more 

than 10% alcohol.’’

Part 172 

Section 172.101 Hazardous Materials 

Table (HMT) 

The 2004 Emergency Response 

Guidebook (ERG2004) refers to Guide 

127 (Flammable Liquids Polar/WaterMiscible) for response to incidents 

involving Alcohols, n.o.s., 3, UN1987, 

and Denatured alcohol, 3, NA1987. 

Guide 127 specifies the use of alcohol 

resistant foam. For incidents involving 

Flammable liquid, n.o.s., (ethanol, 

gasoline), 3, UN1993, and Gasohol, 3, 

NA1203, ERG 2004 refers to Guide 128 

(Flammable Liquids Non-Polar/WaterImmiscible). Guide 128 specifies the use 

of regular foam, but contains the 

following warning: CAUTION: ‘‘For 

mixtures containing a high percentage 

of an alcohol or polar solvent, alcoholresistant foam may be more effective.’’

To help emergency responders utilize 

the most effective emergency response 

procedures for incidents involving fuel 

mixtures composed of ethanol (or ‘‘ethyl 

alcohol’’) and gasoline in various 

concentrations we are proposing to add 

a new entry ‘‘Ethanol and gasoline 

mixture or Ethanol and motor spirit or 

Ethanol and petrol mixture, with more 

than 10% ethanol, 3, UN3475, II’’ to the 

HMT. This proposed new HMT entry is 

consistent with a proposed amendment 

to be incorporated into the 15th Revised 

Edition of the UN Model Regulations. 

We are also proposing to revise the 

entry for ‘‘Gasohol gasoline mixed with 

ethyl alcohol, with not more than 20 

percent alcohol, 3, NA1203, II’’ to limit 

this entry gasoline mixtures with no 

more than 10 percent alcohol. We are 

also proposing a 2-year transition period 

for these proposals. (See discussion 

under § 171.14) 

Alternative fuels such as bio-diesel, 

ethanol and methanol, have been 

produced and used on a small scale for 

decades, driven by environmental, 

economic, and energy security concerns. 

The most common of these fuels is 

designated E85. E85 is composed of 85 

percent ethyl alcohol (ethanol) and 15 

percent petroleum (gasoline) and is 

being used in increasing volumes in the 

United States. Fires involving E85 and 

other ethanol/gasoline mixtures 

containing more than 10% ethanol 

should be treated differently than 

traditional gasoline fires because these 

mixtures are polar/water-miscible 

flammable liquids (i.e., they mix with 

water) and will degrade the 

effectiveness of fire-fighting foam that is 

not alcohol-resistant. 

We understand that if we adopt this 

new shipping description, fuel suppliers 

and cargo tank operators may incur 

additional costs associate with revisions 

to the hazard communication 

requirements. Therefore, we are 

interested in identifying measures to 

minimize costs while effectively 

communicating the hazards to the 

emergency response community. 

Because numerical data for these 

proposals are difficult to obtain, we 

invite commenters to address the merits 

of the proposal to add the new entry 

‘‘Ethanol and gasoline mixture or 

Ethanol and motor spirit or Ethanol and 

petrol mixture, with more than 10% 

ethanol,’’ 3, UN3475, II to the HMT and 

of the proposal to limit the entry for 

‘‘Gasohol gasoline mixed with ethyl 

alcohol, with not more than 20 percent 

alcohol, 3, NA1203, II to gasoline 

mixtures with no more than 10 percent 

alcohol. Commenters may wish to 

consider the following questions: 

—What cost impacts are associated with 

our proposal to add a new entry to the 

HMT for fuel mixtures containing 

ethanol? 

—What cost impacts are associated with 

our proposed revision to the HMT 

entry for gasohol? 

—Are two separate entries for ‘‘Ethanol 

and gasoline mixture or Ethanol and 

motor spirit or Ethanol and petrol 

mixture, with more than 10% 

ethanol’’ and ‘‘Gasohol gasoline 

mixed with ethyl alcohol, with not 

more than 10 percent alcohol’’

necessary or should all alcohol/ 

gasoline mixtures be transported 

using a single proper shipping name? 

—Does the proposed 2-year transition 

period provide sufficient time for 

shippers and carriers to incorporate 

the proposed new shipping name and 

UN number into shipping papers and 

package markings with minimal 

disruptions to normal business 

operations? Given the emergency 

response concerns about incidents 

involving ethanol/gasoline mixtures, 

should the proposed 2-year transition 

period be shortened to ensure that the 

new shipping name and UN number 

are utilized as quickly as possible? 

How should we balance these two 

potentially competing goals? 

We are also proposing to harmonize 

certain entries in the HMR with the 

most recent editions of the UN 

Recommendations for the Transport of 

Dangerous Goods (UN 

Recommendations), the International 

Civil Aviation Organization Technical 

Instructions for the Safe Transport of 

Dangerous Goods by Air (ICAO 

Technical Instructions), and the 

International Maritime Organization 

Dangerous Goods Code (IMDG Code), 

and correct other entries, as follows: 

• The entry ‘‘Radioactive material, 

Type A package non-special form, non 

fissile or fissile-excepted, UN2915’’ is 

revised to add a reference ‘‘419’’ to 

column (8B) and ‘‘418’’ to column (8C). 

This proposed revision will correct 

these packaging references inadvertently 

omitted in a final rule published on 

September 23, 2005, under Docket No. 

PHMSA 05–22071 (HM–189Y; 70 FR 

56084). 

• The entry ‘‘Sodium aluminate, 

solid, UN2812,’’ is revised to include an 

‘‘A’’ in column 1 of the HMT to indicate 

this material is only regulated when 

offered or intended for transportation by 

aircraft. We propose to revise this entry 

to align with the UN Recommendations, 

which only apply to solid forms of 

sodium aluminate when transported by 

air. Under the ICAO Technical 

Instructions, sodium aluminate is 

regulated for air transportation because 

of its corrosive effects on aluminum, 

which is the primary construction 

material for aircraft. 

• We are proposing to add several 

new entries to the HMT to assist 

shippers in determining the most 

appropriate hazardous materials 

description to use when shipping 

polyamines. The proposed new entries 

include: 

—Polyamines, flammable, corrosive, 

n.o.s. see Amines, flammable, 

corrosive, n.o.s. 

—Polyamines, liquid, corrosive, 

flammable, n.o.s. see Amines, liquid, 

corrosive, flammable, n.o.s. 

—Polyamines, liquid, corrosive, n.o.s. 

see Amines, liquid, corrosive, n.o.s. 

• We are proposing to remove the 

entry ‘‘Gas generator assemblies 

(aircraft), containing a non-flammable 

non-toxic gas and a propellant 

cartridge.’’ This description was 

removed from the ICAO Technical 

Instructions in the 2003–2004 edition. 

In addition, we are proposing to remove 

the packaging section for gas generator 


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assemblies specified in § 173.335 in its 

entirety. 

Section 172.102 

When column 7 of the § 172.102 table 

refers to a special provision for a 

hazardous material, the meaning and 

requirements of that special provision 

are set forth in this section. In this 

NPRM, we are proposing to add a new 

Special Provision 177 and revise Special 

Provision B69. The proposed special 

provision addition and revision are as 

follows: 

• Consistent with the proposed new 

proper shipping description ‘‘Ethanol 

and gasoline mixture or Ethanol and 

motor spirit or Ethanol and petrol 

mixture, with more than 10% ethanol, 

3, UN3475, II,’’ we are proposing to add 

a new Special Provision 177 to specify 

proper applicability of this description. 

• Currently, Special Provision B69 

specifies that ‘‘Dry sodium cyanide or 

potassium cyanide’’ may be shipped in 

a sift-proof weather-resistant metal 

covered hopper car, covered motor 

vehicle, portable tank or nonspecification bin. Bins must be 

approved by the Associate 

Administrator. We are proposing to 

amend Special Provision B69 to clarify 

that metal covered hopper cars, covered 

motor vehicles, portable tanks, and nonspecification bins must be sift-proof and 

weather-resistant. The current wording 

of this special provision has caused 

some confusion as to whether the 

requirement for the packaging to be siftproof and weather-resistant applies only 

to metal-covered hopper cars or to all 

packagings authorized for the 

transportation of dry sodium cyanide 

and potassium cyanide. In addition, we 

are proposing to amend Special 

Provision B69 to remove the 

requirement for bins to be approved by 

the Associate Administrator. 

So long as the bins meet applicable 

requirements, approval is not necessary. 

Section 172.203 

Section 172.203(l) addresses shipping 

paper requirements for shipments of 

marine pollutants. Paragraph (l)(4) 

excepts marine pollutants in non-bulk 

packagings from the requirements of the 

HMR unless the transportation is by 

vessel. The International Vessel 

Operators Hazardous Materials 

Association, Inc. (VOHMA) petitioned 

PHMSA (P–1465) to amend paragraph 

(l)(4) to clarify that the exception for 

non-bulk packages of marine pollutants 

transported by motor vehicle, rail car or 

aircraft does not apply to a marine 

pollutant ‘‘intended for transport’’

aboard a vessel. VOHMA states the 

current language suggests the consignor 

who prepares the shipment and offers it 

in intermodal transportation has no 

obligation to declare the marine 

pollutant on the shipping paper if the 

initial transport is by motor vehicle or 

rail. Because the current language in the 

HMR suggests there is no obligation by 

the consignor, when preparing a nonbulk shipment for intermodal 

transportation, to indicate on a shipping 

paper the words ‘‘Marine Pollutant’’ in 

association with the basic description 

for a material which is a marine 

pollutant, a shipment intended for 

transportation by vessel and initially 

offered into transportation by highway, 

rail or air may be improperly described 

on the vessel shipping documents by a 

freight forwarder. This was not our 

intention when this provision was 

originally adopted. Therefore, we are 

proposing to revise paragraph (l)(4) to 

clarify that marine pollutants in nonbulk packagings transported all or in 

part by vessel must be indicated on a 

shipping paper by the words ‘‘Marine 

Pollutant’’ in association with the basic 

description. 

Section 172.315 

Except for transportation by aircraft, 

this section excepts limited quantity 

shipments of hazardous materials from 

the requirement for marking the proper 

shipping name of the material on the 

package when the identification number 

of the material is shown within a 

square-on-point configuration. Section 

172.324 requires materials that are 

hazardous substances, as defined in 

§ 171.8, to be marked with the name of 

the hazardous substance and the letters 

‘‘RQ’’ in association with the proper 

shipping name. We are proposing to 

clarify if a shipper identifies a limited 

quantity material which is also a 

hazardous substance, the shipper is 

required to mark the letters ‘‘RQ’’ on the 

package in association with the squareon-point configuration containing the 

identification number of the material. 

We also invite comments on whether or 

not the name of the hazardous substance 

should also be included along with 

letters ‘‘RQ,’’ even though the proper 

shipping name is not required. 

Section 172.336 

Paragraphs (c)(4) and (c)(5) except 

from the identification number marking 

requirements each of the different liquid 

petroleum distillate fuels, including 

gasoline and gasohol, transported in a 

compartmented cargo tank, tank car or 

cargo tank, if the identification number 

is displayed for the liquid petroleum 

distillate fuel having the lowest flash 

point. As a result of the proposed new 

HMT entry ‘‘Ethanol and gasoline 

mixture or Ethanol and motor spirit or 

Ethanol and petrol mixture, with more 

than 10% ethanol,’’ 3, UN3475, II, 

individuals could attempt to apply this 

exception to the proposed new entry, 

which is not our intent (see discussion 

under § 172.101). Therefore, to 

eliminate any confusion, we are 

proposing to revise paragraphs (c)(4) 

and (c)(5) to specify the provisions of 

the paragraphs (c)(4) and (c)(5) do not 

apply to ‘‘Ethanol and gasoline mixture 

or Ethanol and motor spirit or Ethanol 

and petrol mixture, with more than 10% 

ethanol.’’ We are also proposing a 2-year 

transition period for this proposal. We 

understand that if we adopt this new 

shipping description, fuel suppliers and 

cargo tank operators may incur 

additional costs associated with 

revisions to the hazard communication 

requirements. Therefore, we are 

interested in identifying measures to 

minimize costs while effectively 

communicating the hazards to the 

emergency response community. As a 

result of this proposal, we invite 

commenters to specifically address the 

following questions: 

—Does the proposed 2-year transition 

period provide sufficient time for 

shippers and carriers to incorporate 

the proposed new shipping name and 

UN number into shipping papers and 

package markings with minimal 

disruptions to normal business 

operations? Given the emergency 

response concerns about incidents 

involving ethanol/gasoline mixtures, 

should the proposed 2-year transition 

period be shortened to ensure that the 

new shipping name and UN number 

are utilized as quickly as possible? 

How should we balance these two 

potentially competing goals? 

—Are there measures that can be 

employed to ease potential costs to 

shippers and carriers with respect to 

cargo tanks that are permanently 

marked? 

—What are the cost impacts of our 

proposal to limit the applicability of 

the current exceptions in § 172.336 

(c)(4) and (c)(5)? 

Section 172.406 

Paragraph (e) of this section 

prescribes requirements for the 

duplicate labeling of packages based on 

size. Paragraph (e)(1) requires each 

package or overpack having a volume of 

1.8m3 (64 cubic feet) or more to be 

labeled on at least two sides or two ends 

(other than the bottom of the package). 

There has been some confusion as to 

whether this requirement also applies to 

IBCs. Therefore, we are proposing to 

add a new paragraph (e)(6) to clarify 

IBCs having a volume of 1.8m3 (64 cubic 


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feet) or more are required to be labeled 

on at least two sides or two ends. 

Part 173 

Section 173.4 

This section establishes exceptions for 

small quantities of hazardous materials. 

The Dangerous Goods Advisory Council 

(DGAC) (P–1454) and Pharmaceutical 

Research and Manufacturers of America 

(PhRMA) (P–1457) petitioned PHMSA 

to provide an exception from the HMR 

for de minimis quantities, less than 1 

gram for solids and less than 1 milliliter 

for liquids, of PG II and PG III materials 

of Class 3, Division 4.1, Division 4.2, 

Division 4.3, Division 5.1, Division 6.1, 

Class 8, and Class 9. The petitioners 

estimate an annual cost savings of 

approximately $1 million if their 

petitions are implemented. After 

reviewing the petitions and evaluating 

the risks associated with the de minimis 

quantities, we agree with the petitioners 

that because these materials are present 

in minute quantities, usually a gram or 

less, and are packaged in such a 

manner, and have determined that 

safety would not be undermined by 

allowing these minute quantities and 

would not pose an unreasonable risk 

during transportation. Therefore, we are 

proposing to add a new paragraph (e) to 

provide conditions for authorizing de 

minimis quantities of these materials to 

be excepted from the HMR. 

Section 173.5 

This section establishes the 

conditions under which agricultural 

products such as pesticides and 

fertilizers are excepted from HMR 

requirements. Paragraph (b)(2) specifies 

limits for the amount of agricultural 

product that may be transported in a 

single vehicle in order to utilize the 

exception applicable to transportation to 

or from a farm, within 150 miles of the 

farm. The HMR do not define the term 

‘‘single vehicle;’’ thus, it is not clear 

whether the exception applies to 

agricultural products transported in a 

single ‘‘motor vehicle’’ or ‘‘transport 

vehicle.’’ To clarify this exception, we 

are proposing to revise paragraph (b)(2) 

to replace the term ‘‘vehicle’’ with 

‘‘motor vehicle.’’ The term ‘‘motor 

vehicle’’ is defined in § 171.8 to mean 

a vehicle, machine, tractor, trailer, or 

semi-trailer, or any combination thereof, 

propelled or drawn by mechanical 

power and used on the highways to 

transport people or property. 

Section 173.12 

In a final rule published on January 

24, 2005, under Docket No. RSPA 03–

16370 (HM–233; 70 FR 3304), we added 

a new paragraph (e) to this section to 

authorize the storage, loading and 

transportation of waste cyanide and 

waste cyanide mixtures or solutions 

with Class 8 acids under certain 

conditions. Acids are not only found in 

Class 8, but also in Class 3 and in 

Divisions 4.1, 4.2, 4.3, 5.1 and 5.2. We 

believe acids in the aforementioned 

Classes and Divisions may be safely 

transported and stored with waste 

cyanide and waste cyanide mixtures or 

solution under the conditions specified 

in §§ 174.81(c), 176.83(b), and 

177.848(c). Therefore, in this NPRM, we 

are proposing to revise paragraph (e) to 

authorize the transportation of waste 

cyanides and waste cyanide mixtures or 

solutions with all acids. 

In this section, we are also proposing 

to add a new paragraph (f) to specify 

that materials meeting the proposed 

definition of ‘‘household wastes’’ in 

§ 171.8 would not be subject to the 

requirements of the HMR. Currently, 

§ 173.134(b)(13) excepts any waste or 

recyclable material, other than regulated 

medical waste, from regulation under 

the HMR. However, the location of this 

exception in the section of Part 173 that 

establishes definitions for Division 6.2 

materials (infectious substances) 

suggests the current exception excepts 

household wastes only from 

requirements applicable to Division 6.2 

materials. This was not our intention. In 

letters of interpretation, including an 

October 8, 2004 letter to Mr. David 

Allard of Pennsylvania Department of 

Environmental Protection (Ref. No. 04–

0197), we specify household wastes as 

being excepted from the HMR. The 

addition of a broad exception for 

‘‘household wastes’’ in the proposed 

paragraph (f) will clarify our intent. 

Section 173.22 

This section establishes a shipper’s 

responsibility for complying with 

applicable requirements of the HMR. 

National Tank Truck Carriers (NTTC) 

petitioned PHMSA (P–1469) to amend 

this section to specify that shippers who 

offer certain hazardous materials for 

transportation must use carriers holding 

a valid safety permit issued by the 

Federal Motor Carrier Safety 

Administration (FMCSA). FMCSA 

regulations (49 CFR Part 385, Subpart E) 

require motor carriers transporting 

certain types and amounts of hazardous 

materials to apply for a safety permit. To 

obtain a safety permit, a carrier must 

have a ‘‘satisfactory’’ safety rating and 

must meet certain other safety and 

security requirements. The safety permit 

requirements apply to motor carriers 

transporting: (1) A highway routecontrolled quantity of a Class 7 

(radioactive) material; (2) certain high 

explosives; (3) certain TIH materials; 

and (4) certain bulk shipments of 

liquefied methane gas and liquefied 

natural gas. A carrier may not transport 

any of the listed materials unless it has 

a valid safety permit. In response to the 

NTTC petition, we are proposing in this 

NPRM to prohibit a person from offering 

any of the materials for which a safety 

permit is required to a motor carrier not 

possessing a valid safety permit. 

Section 173.24 

This section establishes general 

requirements for packagings and 

packages. Paragraph (g) of this section 

addresses venting from packages during 

transportation and currently specifies 

that a package containing a hazardous 

material and transported on board an 

aircraft must not vent. This provision 

conflicts with current § 173.217, which 

requires carbon dioxide, solid (dry ice) 

to be packed in packagings designed 

and constructed to permit the release of 

carbon dioxide gas to prevent a buildup 

of pressure that could rupture the 

packaging when offered for 

transportation or transported by aircraft 

or water. To eliminate these 

contradictory requirements, in this 

NPRM we are proposing to revise 

paragraph (g)(1) to specify that the 

venting of packagings containing carbon 

dioxide, solid (dry ice) would not be 

prohibited for air transportation. We 

also invite comments on other materials 

to which this provision would also 

apply. 

Section 173.61 

This section establishes general 

requirements for transporting Class 1 

materials (explosives) in the same 

outside packaging. Paragraph (c) of this 

section lists specific explosives that may 

not be transported in the same outside 

packaging as other Class 1 materials. In 

a final rule published May 6, 1997 (HM 

215B; 62 FR 24708) we added a new 

entry to the Hazardous Materials Table 

‘‘Detonator, assemblies, non-electric for 

blasting,’’ UN0500. This entry should 

have also been added to paragraph (c) to 

indicate that this material is not 

authorized to be packed together with 

other Class 1 explosives. Therefore, we 

are proposing to correct this oversight 

by amending paragraph (c) to include 

UN 0500 ‘‘Detonator assemblies, nonelectric for blasting.’’

Section 173.62 

This section establishes specific 

packaging requirements for Class 1 

materials. The Table of Packing 

Methods in paragraph (c) specifies the 

packing instructions assigned to each 


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explosive. To harmonize the HMR with 

international standards and to remove a 

source of potential confusion within the 

regulated community, we are proposing 

to revise packing instruction (PI) 134 in 

the Table of Packing Methods, in 

paragraph (c), to authorize the use of a 

specification 4H1 plastic box as an outer 

packaging for certain explosives. 

Section 173.134 

This section establishes definitions 

and exceptions for infectious 

substances. Paragraph (b)(13)(i) contains 

an exception from the requirements of 

the HMR relative to Division 6.2 

materials for waste derived from 

households. We are proposing to revise 

this paragraph to incorporated the 

proposed new household waste 

definition in § 171.8. See preamble 

discussions in specified above in 

§§ 171.8 and 173.12 for background 

information. 

Section 173.217 

This section establishes packaging 

requirements for carbon dioxide, solid 

(dry ice). We are proposing to revise this 

section for clarity and to harmonize the 

HMR with requirements in the ICAO 

Technical Instructions applicable to the 

transportation of dry ice by air. 

Currently under paragraph (d), the HMR 

require the shipper to have a specific 

and special written arrangement with 

the air carrier to transport more than 

441 pounds of dry ice in a single 

compartment. The ICAO Technical 

Instructions no longer include this 

requirement. The United Parcel Service 

(UPS) petitioned PHMSA (P–1439) to 

amend this section for consistency with 

the most recent edition of the ICAO 

Technical Instructions. We agree and 

are proposing to revise the current 

paragraph (d) accordingly. In addition, 

we are proposing to revise paragraph (d) 

to address air specific provisions such 

as ventilation safety procedures, net 

mass marking requirements, and 

quantity limit exceptions for dry ice 

used as a refrigerant for non-hazardous 

materials. In addition, we are proposing 

requirements for air carriers who 

transport dry ice in the proposed new 

§ 175.900. See § 175.900 preamble 

discussion. 

Currently, paragraph (e) in § 173.217 

provides an exception from the shipping 

paper and certification requirements for 

dry ice shipments prepared in 

accordance with paragraphs (a) and (d) 

provided the package is marked 

‘‘Carbon dioxide, solid’’ or ‘‘Dry ice’’

and with an indication that the material 

being refrigerated is used for diagnostic 

or treatment purposes. To eliminate any 

confusion, we are proposing to revise 

paragraph (e) to specify only dry ice 

actually used to refrigerate materials 

being shipped for diagnostic or 

treatment purposes may be transported 

under this exception. 

For clarity and ease of use by the 

reader, we are proposing to consolidate 

the modal requirements applicable to 

dry ice by relocating the vessel 

provisions to paragraph (b) and the 

aircraft provisions to paragraph (c). As 

a result of this proposal, the dry ice 

provisions relative to diagnostic 

specimens currently in paragraph (e) 

would be moved to paragraph (d). 

Section 173.301 

This section establishes general 

requirements for the transportation of 

compressed gases in cylinders and 

spherical pressure vessels. Paragraph (f) 

of this section addresses pressure relief 

devices (PRDs); paragraph (g) addresses 

manifolding cylinders in transportation. 

CGA petitioned PHMSA (P–1440) to 

update the incorporation by reference of 

CGA Pamphlets S–1.1 and S–7, which 

are both referenced in paragraphs (f)(1) 

and (g)(1). The pamphlets contain 

requirements for PRDs on cylinders. We 

reviewed the differences between 

currently referenced pamphlets and the 

updated pamphlets. We agree the 

incorporations by reference should be 

updated to the current editions. 

Section 173.335 

This section establishes requirements 

for the transportation of gas generator 

assemblies. This entry was initially 

added in a December 21, 1990 (55 FR 

52402; HM–181) rulemaking to 

harmonize the HMR with various 

international standards such as the 

ICAO Technical Instructions, IMDG 

Code, and UN Recommendations. 

However, ICAO removed this entry in 

the 2003–2004 edition of the ICAO 

Technical Instructions. Therefore, we 

are proposing to remove this section in 

its entirety to harmonize with ICAO. 

The removal of this entry does not mean 

that the material is not subject to the 

HMR. Section 173.22 requires each 

shipper to properly class a material and 

prepare it for transportation. See the 

preamble discussion under § 172.101 

Hazardous Materials Table (HMT) 

regarding Gas generator assemblies. 

Part 175 

Section 175.10 

This section establishes exceptions for 

the transportation of certain hazardous 

materials by aircraft, including 

hazardous materials that may be carried 

by passengers or crew members in 

checked or carry-on baggage. We are 

proposing to revise paragraph (a)(10) to 

harmonize the HMR with an ICAO 

provision applicable to the 

transportation of dry ice in checked or 

carry-on baggage. Specifically, we are 

proposing to authorize exceptions for 

shipments of dry ice used to pack 

perishables in carry-on and checked 

baggage. 

Section 175.900 

In response to a UPS petition (P–

1439) and to harmonize with 

international standards, we are 

proposing to add a new § 175.900 to 

adopt the ICAO Technical Instructions 

loading requirements for carbon 

dioxide, solid (dry ice). This provision 

will provide guidelines to the operator 

for handling dry ice shipments, 

including informing ground staff, 

checking aircraft ventilation rates, 

stowage, and providing the Pilot-inCommand with information to reflect 

any quantity change of dry ice. 

Comments are invited regarding the use 

of the term ‘‘suitable arrangements’’ in 

this section. See the preamble 

discussion in § 173.217 for further 

discussion. 

Part 177 

Section 177.848 

This section addresses segregation 

requirements for hazardous materials 

transported by motor carrier. Paragraph 

(a), which discusses the applicability 

requirements for segregation, does not 

specifically include all bulk packages 

that may be placarded instead of labeled 

as packages for which segregation 

requirements must be met. To correct 

this oversight, we are proposing to 

revise paragraph (a)(1) to specify that 

the segregation requirements for 

hazardous materials would be 

applicable to packages that are required 

to be placarded. The addition of this 

provision ensures hazardous materials 

when packaged in IBCs and Large 

Packagings are properly segregated. 

Part 178 

Section 178.274 

This section establishes design and 

manufacturing requirements for UN 

portable tanks. In paragraph (b)(1), the 

end value for temperature range is 

incorrectly specified as ‘‘¥50 °C.’’ The 

negative symbol should be removed and 

value should be specified as ‘‘50 °C.’’

We are proposing to revise paragraph 

(b)(1) to correct this error. 

Section 178.337–9 

This section establishes requirements 

for pressure relief devices, piping, 

valves, hoses, and fittings on MC 331 


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specification cargo tanks. Currently, 

paragraph (b)(8) requires angle valves 

used on cargo tanks intended for 

chlorine service to comply with the 

standards of The Chlorine Institute Dwg. 

104–8. The Chlorine Institute (P–1444) 

and Midland Manufacturing 

Corporation (P–1448) petitioned 

PHMSA to incorporate Chlorine 

Institute Pamphlet 166, which contains 

provisions for the use of angle valves on 

cargo tanks in chlorine service. In its 

petition, The Chlorine Institute points to 

DOT exemptions/special permits such 

as DOT–E 9694, which has authorized 

the use of an angle valve that conforms 

to this pamphlet for over fifteen years. 

Therefore, we are proposing to revise 

paragraph (b)(8) to include a reference 

to the Chlorine Institute’s ‘‘Section 3, 

Pamphlet 166 Angle Valve Guidelines 

for Chlorine Bulk Transportation, 1st 

Edition,’’ dated October 2002 to allow 

for the use of alternative angle valves for 

cargo tanks that transport chlorine. 

Section 178.337–10 

This section establishes accident 

damage protection requirements for MC 

331 specification cargo tanks. The 

Chlorine Institute petitioned PHMSA 

(P–1444) to update the references to the 

Chlorine Institute’s drawings 137–1 and 

137–2 entitled ‘‘Standards for Housing 

and Manway Covers for Steel Cargo 

Tanks,’’ dated September 1, 1982 by 

replacing them with the Chlorine 

Institute’s drawing 137–5 entitled 

‘‘Typical Manway Arrangement 

Chlorine Cargo Tank,’’ dated November 

1996. The petitioner states that this is 

necessary to provide critical manway 

arrangement details to ensure the use of 

CI Emergency Kit C, which is referenced 

in § 177.840(e)(2). We are proposing to 

revise paragraph (d) to incorporate the 

petitioner’s request. We are proposing 

removing the old drawings (drawings 

137–1 and 137–2), completely from the 

HMR. We are soliciting comments 

regarding this proposed deletion to 

determine whether this poses an undue 

regulatory burden. 

Part 180 

Section 180.205 

This section establishes general 

requirements for the requalification of 

cylinders. Paragraph (g) of this section 

establishes requirements for pressure 

testing. We are proposing to add a new 

paragraph (g)(6) to incorporate guidance 

material for cylinder requalifiers that 

perform volumetric expansion tests on 

cylinders. This document is entitled 

‘‘CGA Pamphlet C–1.1—Personnel 

Training and Certification Guidelines 

for Cylinder Requalification By the 

Volumetric Expansion, issued 2004 (1st 

Edition).’’

III. Sunset Provision 

To assure the HMR account for new 

technologies and updated business 

practices, PHMSA is considering 

whether certain requirements proposed 

in this NPRM should be afforded a 

‘‘sunset’’ provision. If we adopt such a 

provision, certain amendments adopted 

through this rulemaking would expire 

after a fixed amount of time (e.g. 10 

years) from the publication date of the 

final rule. 

Certain standards that we are 

proposing to adopt by reference likely 

will be updated periodically in response 

to changes in international standards or 

may be replaced by other more relevant 

or technically superior standards. 

Future changes to these standards 

would have to consider whether to 

retain or extend the sunset date. If we 

choose to do nothing, a sunset provision 

would mean the HMR would revert to 

the language and requirements in effect 

before the issuance of the final rule. We 

are requesting comments on whether 

certain amendments should be tied to a 

sunset provision. 

IV. Regulatory Analyses and Notices 

A. Statutory/Legal Authority for This 

Rulemaking 

This NPRM is published under 

authority of Federal hazardous materials 

transportation law (Federal hazmat law; 

49 U.S.C. 5101 et seq.). Section 5103(b) 

of Federal hazmat law authorizes the 

Secretary of Transportation to prescribe 

regulations for the safe transportation, 

including security, of hazardous 

materials in intrastate, interstate, and 

foreign commerce. 

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This proposed rule is not considered 

a significant regulatory action under 

section 3(f) Executive Order 12866 and, 

therefore, was not reviewed by the 

Office of Management and Budget 

(OMB). The proposed rule is not 

considered a significant rule under the 

Regulatory Policies and Procedures 

order issued by the U.S. Department of 

Transportation (44 FR 11034). 

In this notice, we propose to amend 

miscellaneous provisions in the HMR to 

clarify the provisions and to relax overly 

burdensome requirements. We are also 

responding to requests from industry 

associations, such as the Chlorine 

Institute and CGA, to update and add 

references to standards that are 

incorporated in the HMR. PHMSA 

anticipates the proposals contained in 

this rule will have economic benefits to 

the regulated community. This NPRM is 

designed to increase the clarity of the 

HMR, thereby increasing voluntary 

compliance while reducing compliance 

costs. Further, the addition of an 

exception from regulatory requirements 

for small amounts of hazardous 

materials used in pharmaceutical 

research and clarification of the 

exception for household hazardous 

wastes will result in reduced 

compliance costs by eliminating some 

or all regulations a person must comply 

with and reducing packaging costs. This 

NPRM also proposes to update a 

number of incorporations by reference 

to permit the industry to utilize the 

most recent versions of industry 

consensus standards. Incorporation of 

material by reference reduces the 

regulatory burden on persons who offer 

hazardous material for transportation 

and persons who transport hazardous 

materials in commerce. Industry 

standards developed and adopted by 

consensus are accepted and followed by 

the industry; thus, their inclusion in the 

HMR assures that the industry is not 

forced to comply with a different set of 

standards to accomplish the same safety 

goal. 

The 2004 Emergency Response 

Guidebook (ERG2004) refers to Guide 

127 (Flammable Liquids Polar/WaterMiscible) for response to incidents 

involving Alcohols, n.o.s., 3, UN1987, 

and Denatured alcohol, 3, NA1987. 

Guide 127 specifies the use of alcohol 

resistant foam. For incidents involving 

Flammable liquid, n.o.s., (ethanol, 

gasoline), 3, UN1993, and Gasohol, 3, 

NA1203, ERG 2004 refers to Guide 128 

(Flammable Liquids Non-Polar/WaterImmiscible). Guide 128 specifies the use 

of regular foam, but contains the 

following warning: CAUTION: ‘‘For 

mixtures containing a high percentage 

of an alcohol or polar solvent, alcoholresistant foam may be more effective.’’

Therefore, to help emergency 

responders utilize the most effective 

emergency response procedures for 

incidents involving fuel mixtures 

composed of ethanol (or ‘‘ethyl 

alcohol’’) and gasoline in various 

concentrations we are proposing to add 

a new entry ‘‘Ethanol and gasoline 

mixture or Ethanol and motor spirit or 

Ethanol and petrol mixture, with more 

than 10% ethanol, 3, UN3475, II’’ to the 

HMT. Overall, the proposals in this 

NPRM should reduce regulatory 

burdens on the regulated community 

while increasing flexibility and 

transportation options. 


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C. Executive Order 13132 

This proposed rule was analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). This proposed 

rule would preempt State, local and 

Indian tribe requirements but does not 

propose any regulation that has 

substantial direct effects on the States, 

the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, the 

consultation and funding requirements 

of Executive Order 13132 do not apply. 

The Federal hazardous material 

transportation law, 49 U.S.C. 5125(b)(1), 

contains an express preemption 

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

preempting State, local, and Indian tribe 

requirements on certain covered 

subjects. Covered subjects are: 

(i) The designation, description, and 

classification of hazardous materials; 

(ii) The packing, repacking, handling, 

labeling, marking, and placarding of 

hazardous materials; 

(iii) The preparation, execution, and 

use of shipping documents related to 

hazardous materials and requirements 

related to the number, content, and 

placement of those documents; 

(iv) The written notification, 

recording, and reporting of the 

unintentional release in transportation 

of hazardous materials; or 

(v) The design, manufacture, 

fabrication, marking, maintenance, 

reconditioning, repair, or testing of a 

packaging or container which is 

represented, marked, certified, or sold 

as qualified for use in the transport of 

hazardous materials. 

This proposed rule concerns the 

classification, packaging, marking, 

labeling, and handling of hazardous 

materials, among other covered subjects. 

If adopted 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’’ (see 49 CFR 

107.202(d)) as the Federal requirements. 

Federal hazardous materials 

transportation law provides at 49 U.S.C. 

5125(b)(2) that if PHMSA issues a 

regulation concerning any of the 

covered subjects, PHMSA must 

determine and publish in the Federal 

Register the effective date of Federal 

preemption. That effective date may not 

be earlier than the 90th day following 

the date of issuance of the final rule and 

not later than two years after the date of 

issuance. PHMSA proposes the effective 

date of federal preemption be 90 days 

from publication of a final rule in this 

matter in the Federal Register. 

D. Executive Order 13175 

This proposed rule has been analyzed 

in accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this proposed rule does not 

have tribal implications, does not 

impose substantial direct compliance 

costs on Indian tribal governments, and 

does not preempt tribal law, the funding 

and consultation requirements of 

Executive Order 13175 do not apply, 

and a tribal summary impact statement 

is not required. 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

The Regulatory Flexibility Act (5 

U.S.C. 601 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 provisions in the 

HMR to clarify provisions based on our 

own initiatives and also on petitions for 

rulemaking. While maintaining safety, it 

would relax certain requirements that 

are overly burdensome and would 

update references to consensus 

standards that are incorporated in the 

HMR. The proposed changes are 

generally intended to provide relief to 

shippers, carriers, and packaging 

manufacturers, including small entities. 

Therefore, I certify that this proposal, if 

promulgated, would not have a 

significant economic impact on a 

substantial number of small entities. 

This proposed rule has been 

developed in accordance with Executive 

Order 13272 (‘‘Proper Consideration of 

Small Entities in Agency Rulemaking’’) 

and DOT’s procedures and policies to 

promote compliance with the 

Regulatory Flexibility Act to ensure that 

potential impacts of draft rules on small 

entities are properly considered. 

F. Paperwork Reduction Act 

This proposed rule does not impose 

any new information collection 

requirements. 

G. Regulation Identifier Number (RIN) 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. The RIN number contained in the 

heading of this document can be used 

to cross-reference this action with the 

Unified Agenda. 

H. Unfunded Mandates Reform Act 

This proposed rule does not impose 

unfunded mandates under the 

Unfunded Mandates Reform Act of 

1995. It does not result in costs of 

$120.7 million or more to either State, 

local, or tribal governments, in the 

aggregate, or to the private sector, and 

is the least burdensome alternative that 

achieves the objective of the rule. 

I. Environmental Assessment 

The National Environmental Policy 

Act 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. PHMSA proposes 

to make miscellaneous amendments to 

the HMR based on petitions for 

rulemaking and PHMSA’s own 

initiatives. The proposed amendments 

are intended to update, clarify, or 

provide relief from certain existing 

regulatory requirements to promote 

safer transportation practices; eliminate 

unnecessary regulatory requirements; 

finalize outstanding petitions for 

rulemaking; facilitate international 

commerce; and make these 

requirements easier to understand. We 

determined there would be no 

significant environmental impacts 

associated with this proposed rule. 

J. Privacy Act 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

document (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477) 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, 

Incorporation by Reference, Labeling, 

Markings, Packaging and containers, 


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Reporting and recordkeeping 

requirements. 

49 CFR Part 173 

Hazardous materials transportation, 

Incorporation by Reference, Packaging 

and containers, Radioactive materials, 

Reporting and recordkeeping 

requirements, Uranium. 

49 CFR Part 175 

Hazardous materials transportation, 

Air carriers, Reporting and 

recordkeeping requirements. 

49 CFR Part 177 

Hazardous materials transportation, 

Incorporation by reference, Motor 

carriers, Segregation requirements, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 178 

Hazardous materials transportation, 

Incorporation by reference, Motor 

vehicle safety, Packaging and 

containers, Reporting and recordkeeping 

requirements. 

49 CFR Part 180 

Hazardous materials transportation, 

Incorporation by reference, Motor 

carriers, Motor vehicle safety, Packaging 

and containers, Railroad safety, 

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. 5101–5128, 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 § 171.4, paragraph (c) is revised 

to read as follows: 

§ 171.4 Marine Pollutants. 

* * * * * 

(c) Exceptions. Except when all or 

part of the transportation is by vessel, 

the requirements of this subchapter 

specific to marine pollutants do not 

apply to non-bulk packagings 

transported by motor vehicle, rail car or 

aircraft. 

3. In § 171.7, in paragraph (a)(3) and 

(b) tables, the following amendments are 

made: 

a. Under the entry ‘‘Chlorine Institute, 

Inc.,’’ the entry ‘‘Type 11⁄2 JQ 225, Dwg., 

H51970, Revision D April 5, 1989; or 

Type 11⁄2 JQ 225, Dwg. H50155, 

Revision F, April 4, 1989’’ is revised; 

b. Under the entry ‘‘Chlorine Institute, 

Inc.,’’ the entry ‘‘Section 3, Pamphlet 57, 

Emergency Shut-Off Systems for Bulk 

Transfer of Chlorine, 3rd Edition, 

October 1997’’ is revised; 

c. Under the entry ‘‘Chlorine Institute, 

Inc.,’’ the entry ‘‘Section 3, Pamphlet 

166 Angle Valve Guidelines for Chlorine 

Bulk Transportation, 1st Edition, 

October 2002’’ is added; 

d. Under the entry ‘‘Chlorine Institute, 

Inc.,’’ the entry ‘‘Typical Manway 

Arrangement Chlorine Cargo Tank, Dwg. 

137–5, November 1996’’ is added; 

e. Under the entry ‘‘Chlorine Institute, 

Inc.,’’ the entry ‘‘Standards for Housing 

and Manway Covers for Steel Cargo 

Tanks, Dwgs. 137–1 and 137–2, 

September 1, 1982’’ is removed; 

f. Under the entry ‘‘Compressed Gas 

Association, Inc.,’’ the entry ‘‘CGA 

Pamphlet C–5 Cylinder Service Life—

Seamless Steel High Pressure Cylinders, 

1991’’ is revised; 

g. Under the entry ‘‘Compressed Gas 

Association, Inc.,’’ the entry ‘‘CGA 

Pamphlet C–7, A Guide for the 

Preparation of Precautionary Markings 

of Compressed Gas Containers, 

appendix A, issued 1992 (6th Edition)’’

is revised; 

h. Under the entry ‘‘Compressed Gas 

Association, Inc.,’’ the entry ‘‘CGA 

Pamphlet S–1.1, Pressure Relief Device 

Standards—Part 1—Cylinders for 

Compressed Gases, 2001 (with the 

exception of paragraph 9.1.1.1), Ninth 

Edition’’ is removed; 

i. Under the entry ‘‘Compressed Gas 

Association, Inc.,’’ the entry ‘‘CGA 

Pamphlet S–1.1, Pressure Relief Device 

Standards—Part 1—Cylinders for 

Compressed Gases, 2003 (with the 

exception of paragraph 9.1.1.1), 

Eleventh Edition’’ is removed; 

j. Under the entry ‘‘Compressed Gas 

Association, Inc.,’’ the entry ‘‘CGA 

Pamphlet S–1.1, Pressure Relief Device 

Standards—Part 1—Cylinders for 

Compressed Gases, 2005 (with the 

exception of paragraph 9.1.1.1), Twelfth 

Edition’’ is added; 

k. Under the entry ‘‘Compressed Gas 

Association, Inc.,’’ the entry ‘‘CGA 

Pamphlet S–7, Method for Selecting 

Pressure Relief Devices for Compressed 

Gas Mixtures in Cylinders, 1996’’ is 

revised; 

l. Under the entry ‘‘International 

Organization for Standardization,’’ the 

entry ‘‘ISO 7225, Gas cylinders—

Precautionary labels, First Edition, 

November 1994, (Corrected and 

reprinted August 1995), (E)’’ is revised; 

and 

m. In paragraph (b), a new entry 

‘‘Compressed Gas Association, Inc.,’’

4221 Walney Road, 5th Floor, Chantilly, 

Virginia 20151, ‘‘CGA Pamphlet C–1.1—

Personnel Training and Certification 

Guidelines for Cylinder Requalification 

By the Volumetric Expansion, issued 

2004 (1st Edition)’’ is added in 

alphabetical order. 

The revisions and additions read as 

follows: 

§ 171.7 Reference material. 

(a) * * * 

(3) Table of material incorporated by 

reference. * * * 

Source and name of material 49 CFR 

reference 

* * * * * * * 

Chlorine Institute, Inc. 

* * * * * * * 

Type 11⁄2 JQ 225, Dwg., H51970, Revision F, November 1996; or Type 11⁄2 JQ 225, Dwg. H50155, Revision H, November 1996 .. 173.315. 

Section 3, Pamphlet 57, Emergency Shut-Off Systems for Bulk Transfer of Chlorine, Edition 4, October 2003 .................................. 177.840. 

Section 3, Pamphlet 166 Angle Valve Guidelines for Chlorine Bulk Transportation, 1st Edition, October 2002 ................................... 178.337–9. 

* * * * * * * 

Typical Manway Arrangement Chlorine Cargo Tank, Dwg 137–5, November 1996 .............................................................................. 178.337–10. 


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Source and name of material 49 CFR 

reference 

* * * * * * * 

Compressed Gas Association, Inc. 

* * * * * * * 

CGA Pamphlet C–5, Cylinder Service Life—Seamless Steel High Pressure Cylinders, 1991 (reaffirmed 1995) ................................. 172.302(a). 

* * * * * * * 

CGA Pamphlet C–7, Guide to Preparation of Precautionary Labeling and Marking of Compressed Gas Containers, appendix A, 

issued 2004 (8th Edition) ..................................................................................................................................................................... 172.400a. 

* * * * * * * 

CGA Pamphlet S–1.1, Pressure Relief Device Standards—Part 1—Cylinders for Compressed Gases, 2005 (with the exception of 

paragraph 9.1.1.1), Twelfth Edition ...................................................................................................................................................... 173.301, 

173.304a, 

178.75. 

* * * * * * * 

CGA Pamphlet S–7, Method for Selecting Pressure Relief Devices for Compressed Gas Mixtures in Cylinders, 2005 ...................... 173.301. 

* * * * * * * 

International Organization for Standardization, 

* * * * * * * 

ISO 7225, Gas cylinders—Precautionary labels, Second Edition, July 2005, (E) .................................................................................. 178.71 

* * * * * * * 

(b) List of informational materials not 

requiring incorporation by reference. 

* * * * * 

Source and name of material 49 CFR 

reference 

* * * * * * * 

Compressed Gas Association, Inc., 4221 Walney Road, 5th Floor, Chantilly, Virginia 20151. 

CGA Pamphlet C–1.1, Personnel Training and Certification Guidelines For Cylinder Requalification By the Volumetric Expansion 

Method, 2004, First Edition .................................................................................................................................................................. 180.209. 

* * * * * * * 

4. In § 171.8, a new definition for 

‘‘Household waste’’ is added in 

alphabetical order as follows: 

§ 171.8 Definitions and abbreviations. 

* * * * * 

Household waste means any solid 

waste (including garbage, trash, and 

sanitary waste from septic tanks) 

derived from households (including 

single and multiple residences, hotels 

and motels, bunkhouses, ranger stations, 

crew quarters, campgrounds, picnic 

grounds, and day-use recreation areas). 

* * * * * 

5. In § 171.14, a new paragraph (g) is 

added to read as follows: 

§ 171.14 Transitional provisions for 

implementing certain requirements. 

* * * * * 

(g) The proper shipping name 

‘‘Gasohol gasoline mixed with ethyl 

alcohol, with not more than 20% 

alcohol’’ in effect on [DATE OF 

PUBLICATION OF FINAL RULE] may 

continue to be used until [DATE TWO 

YEARS FROM EFFECTIVE DATE OF 

FINAL RULE]. 

PART 172—HAZARDOUS MATERIALS 

TABLE, SPECIAL PROVISIONS, 

HAZARDOUS MATERIALS 

COMMUNICATIONS, EMERGENCY 

RESPONSE INFORMATION, AND 

TRAINING REQUIREMENTS 

6. The authority citation for part 172 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 49 

CFR 1.45 and 1.53. 

7. In § 172.101, the Hazardous 

Materials Table is amended by 

removing, adding and revising, in the 

appropriate alphabetical sequence, the 

following entries to read as follows: 


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55768 Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Proposed Rules 

§ 172.101.

—

HAZARDOUS

MATERIALS

TABLE

Symbols 

Hazardous materials 

descriptions and 

proper shipping 

names 

Hazard 

class or division 

Identification numbers PG Label codes Special provisions 

(§ 172.102) 

Packaging (§ 173.* * *) 

(8) 

Quantity limitations 

(9) 

Vessel stowage 

(10) 

Exceptions Non-bulk Bulk Passenger aircraft/rail Cargo air- craft only Location Other 

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) 

[REMOVE:] 

* * * * * * * 

Gas generator assemblies (aircraft), 

containing a nonflammable nontoxic gas and a propellant cartridge.

2.2 .............. .............. 2.2 ............................ .............. None ......... 335 ........... None ......... 75 kg ........ 150 kg ...... A.

* * * * * * * 

D ................. Gasohol gasoline 

mixed with ethyl alcohol, with not more than 20 percent alcohol.

3 NA1203 .... II ............... 3 ............................... 144 ........... 150 ........... 202 ........... 242 ........... 5 L ............ 60 L .......... E.

* * * * * * * 

[ADD:] 

* * * * * * * 

D ................. Ethanol and gasoline 

mixture or Ethanol and motor spirit mixture or Ethanol and petrol mixture, with more than 10% ethanol.

3 UN3475 .... II ............... 3 ............................... 144, 177, 

IB2, T4, TP1.

150 ........... 202 ........... 242 ........... 5 L ............ 60 L .......... E.

* * * * * * * 

D ................. Gasohol gasoline 

mixed with ethyl alcohol, with not more than 10 % alcohol.

3 NA1203 .... II ............... 3 ............................... 144, IB2, 

T7, TP1, TP8, TP28.

150 ........... 202 ........... 242 ........... 5 L ............ 60 L .......... E.

* * * * * * * 

Polyamines, flammable, corrosive, 

n.o.s. see Amines, 

flammable, corrosive, n.o.s.

.............. .............. .............................. .............. .............. .............. .............. .............. .............. .

Polyamines, liquid, 

corrosive, n.o.s. see Amines, liquid, 

corrosive, n.o.s.

.............. .............. .............................. .............. .............. .............. .............. .............. .............. .

Polyamines, liquid, 

corrosive, flammable, n.o.s see Amines, liquid, corrosive, flammable, n.o.s.

.............. .............. .............................. .............. .............. .............. .............. .............. .

* * * * * * * 

[REVISE:] 


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Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Proposed Rules 55769 

§ 172.101.

—

HAZARDOUS

MATERIALS

TABLE

—

CONTINUED

Symbols 

Hazardous materials 

descriptions and 

proper shipping 

names 

Hazard 

class or division 

Identification numbers PG Label codes Special provisions 

(§ 172.102) 

Packaging (§ 173.* * *) 

(8) 

Quantity limitations 

(9) 

Vessel stowage 

(10) 

Exceptions Non-bulk Bulk Passenger aircraft/rail Cargo air- craft only Location Other 

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) 

* * * * * * * 

Radioactive material, 

package Type A package non-special form, non fissile or fissile-excepted.

7 UN2915 .... .............. 7 ............................... A56, W7, 

W8.

None ......... 415, 415, 

419.

415, 418 

419.

.............. .............. A ............... 95, 130 

* * * * * * * 

A .................. Sodium aluminate, 

solid.

8 UN2812 .... III .............. 8 ............................... IB8, IP3, 

T1, TP33.

154 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... A.

* * * * * * * 


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* * * * * 

8. In § 172.102, in paragraph (c)(1), 

Special provision 177 is added and in 

paragraph (c)(3), Special provision B69 

is revised to read as follows. 

§ 172.102 Special provisions. 

* * * * * 

(c) * * * 

(1) * * * 

Code/Special Provisions 

* * * * * 

177 Ethanol and gasoline mixtures for 

use in spark-ignition engines (e.g. in 

automobiles, stationary engines and 

other engines) shall be assigned to this 

entry regardless of variations in 

volatility. 

* * * * * 

(3) * * * 

Code/Special Provisions 

* * * * * 

B69 Dry sodium cyanide or potassium 

cyanide may be shipped in the 

following sift-proof and weather 

resistant packagings: Metal covered 

hopper cars, covered motor vehicles, 

portable tanks, or non-specification 

bins. 

* * * * * 

9. In § 172.203, paragraph (l)(4) is 

revised to read as follows: 

§ 172.203 Additional description 

requirements. 

* * * * * 

(l) * * * 

(4) Except when all or part of 

transportation is by vessel, marine 

pollutants in non-bulk packagings are 

not subject to the requirements of 

paragraphs (l)(1) and (l)(2) of this 

section (see § 171.4 of this subchapter). 

* * * * * 

10. In § 172.315, a new paragraph (c) 

is added as follows: 

§ 172.315 Packages containing limited 

quantities. 

* * * * * 

(c) As applicable, the letters ‘‘RQ’’

should be marked in association with 

the square-on-point border containing 

the identification (ID) number. 

11. In § 172.336, paragraphs (c)(4) and 

(c)(5) are revised to read as follows: 

§ 172.336 Identification numbers; special 

provisions. 

* * * * * 

(c) * * * 

(4) For each of the different liquid 

petroleum distillate fuels, including 

gasoline and gasohol in a 

compartmented cargo tank or tank car, 

if the identification number is displayed 

for the distillate fuel having the lowest 

flash point. Effective [DATE TWO 

YEARS FROM EFFECTIVE DATE OF 

FINAL RULE] the provisions of this 

paragraph do not apply to an Ethanol 

and gasoline mixture or Ethanol and 

motor spirit or Ethanol and petrol 

mixture, with more than 10% ethanol. 

(5) For each of the different liquid 

petroleum distillate fuels, including 

gasoline and gasohol transported in a 

cargo tank, if the identification number 

is displayed for the liquid petroleum 

distillate fuel having the lowest flash 

point. Effective [DATE TWO YEARS 

FROM EFFECTIVE DATE OF FINAL 

RULE] the provisions of this paragraph 

do not apply to an Ethanol and gasoline 

mixture or Ethanol and motor spirit or 

Ethanol and petrol mixture, with more 

than 10% ethanol. 

* * * * * 

13. In § 172.406, paragraphs (e)(4) and 

(e)(5) are revised and a new paragraph 

(e)(6) is added to read as follows: 

§ 172.406 Placement of labels. 

* * * * * 

(e) * * * 

(4) Each portable tank of less than 

3,785 L (1000 gallons) capacity; 

(5) Each freight container or aircraft 

unit load device having a volume of 

1.8 m 3 (64 cubic feet) or more, but less 

than 18 m 3 (640 cubic feet). One of each 

required label must be displayed on or 

near the closure; and 

(6) An IBC having a volume of 

1.8 m 3 (64 cubic feet) or more. 

* * * * * 

PART 173—SHIPPERS—GENERAL 

REQUIREMENTS FOR SHIPMENTS 

AND PACKAGINGS 

14. The authority citation for part 173 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 49 

CFR 1.45 and 1.53. 

15. In § 173.4, a new paragraph (e) is 

added to read as follows: 

§ 173.4 Small quantity exceptions. 

* * * * * 

(e) Packing Groups II and III materials 

in Class 3, Division 4.1, Division 4.2, 

Division 4.3, Division 5.1, Division 6.1, 

Class 8, and Class 9 are not subject to 

any other requirements of this 

subchapter when—

(1) The maximum quantity of material 

per inner receptacle or article is limited 

to—

(i) One (1) mL (0.03 ounce) for 

authorized liquids; and 

(ii) One (1) g (0.04 ounce) for 

authorized solid materials; 

(2) Each inner receptacle with a 

removable closure has its closure held 

securely in place with wire, tape, or 

other positive means; 

(3) Unless equivalent cushioning and 

absorbent material surrounds the inside 

packaging, each inner receptacle is 

securely packed in an inside packaging 

with cushioning and absorbent material 

that: 

(i) Will not react chemically with the 

material, and 

(ii) Is capable of absorbing the entire 

contents (if a liquid) of the receptacle; 

(4) The inside packaging is securely 

packed in a strong outside packaging; 

(5) The completed package is capable 

of sustaining—

(i) Each of the following free drops 

made from a height of 1.8 m (5.9 feet) 

directly onto a solid unyielding surface 

without breakage or leakage from any 

inner receptacle and without a 

substantial reduction in the 

effectiveness of the package: 

(A) One drop flat on bottom; 

(B) One drop flat on top; 

(C) One drop flat on the long side; 

(D) One drop flat on the short side; 

and 

(E) One drop on a corner at the 

junction of three intersecting edges; and 

(ii) A compressive load as specified in 

§ 178.606(c) of this subchapter. 

Each of the tests in this paragraph 

(e)(5) may be performed on a different 

but identical package; that is, all tests 

need not be performed on the same 

package. 

(6) Placement of the material in the 

package or packing different materials 

in the package does not result in a 

violation of § 173.21; 

(7) The aggregate quantity of 

hazardous material per package must 

not exceed 100 g (0.22 pounds) or 100 

ml (3.38 ounces); 

(8) The gross mass of the completed 

package does not exceed 29 kg (64 

pounds); and 

(9) The package is not opened or 

otherwise altered until it is no longer in 

commerce. 

16. In § 173.5, paragraph (b)(2) is 

revised to read as follows: 

§ 173.5 Agricultural operations. 

* * * * * 

(b) * * * 

(2) The total amount of agricultural 

product being transported on a single 

motor vehicle does not exceed: 

(i) 7,300 kg (16,094 lbs.) of 

ammonium nitrate fertilizer properly 

classed as Division 5.1, PG III, in a bulk 

packaging, or 

(ii) 1900 L (502 gallons) for liquids or 

gases, or 2,300 kg (5,070 lbs.) for solids, 

of any other agricultural product; 

* * * * * 

17. In § 173.12, paragraph (e)(1)(ii) is 

revised and a new paragraph (f) added 

as follows: 


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§ 173.12 Exceptions for shipment of waste 

materials. 

* * * * * 

(e) * * * 

(1) * * * 

(ii) The acids must be packaged in lab 

packs in accordance with paragraph (b) 

of this section or in authorized single 

packagings not exceeding 208 L (55 

gallons) capacity; 

* * * * * 

(f) Household waste. Household 

waste, as defined in § 171.8 of this 

subchapter, is not subject to the 

requirements of this subchapter. 

18. In § 173.22, paragraph (b) is added 

to read as follows: 

§ 173.22 Shipper’s responsibility. 

* * * * * 

(b) No person may offer a motor 

carrier any hazardous material specified 

in 49 CFR 385.403 unless that motor 

carrier holds a safety permit issued by 

the Federal Motor Carrier Safety 

Administration. 

* * * * * 

19. In § 173.24, paragraph (g)(1) is 

revised to read as follows: 

§ 173.24 General requirements for 

packagings and packages. 

* * * * * 

(g) * * * 

(1) Except for shipments of carbon 

dioxide, solid (dry ice), transportation 

by aircraft is not involved; 

* * * * * 

20. In § 173.61, paragraph (c) is 

revised to read as follows: 

§ 173.61 Mixed packaging requirements. 

* * * * * 

(c) The following explosives may not 

be packed together with other Class 1 

explosives: UN 0029, UN 0030, UN 

0073, UN 0106, UN 0107, UN 0255, UN 

0257, UN 0267, UN 0350, UN 0360, UN 

0361, UN 0364, UN 0365, UN 0366, UN 

0367, UN 0408, UN 0409, UN 0410, UN 

0455, UN 0456, and UN 0500. These 

explosives may be mix-packed with 

each other in accordance with the 

compatibility requirements prescribed 

in paragraph (e). 

* * * * * 

21. In § 173.62, in paragraph (c), the 

‘‘Table of Packing Methods,’’ is 

amended by revising entry 134 to read 

as follows: 

§ 173.62 Mixed packaging requirements. 

* * * * * 

(c) * * * 

TABLE OF PACKING METHODS

Packing instruction Inner packagings Intermediate packagings Outer packagings 

* * * * * * * 

134 .......... Bags: water resistant .................................

Receptacles: firbreboard, metal, plastics, 

wood.

Sheets: fibreboard, corrugated 

Tubes: fibreboard 

Not necessary ............................................ Boxes: steel (4A), aluminium (4B), wood, 

natural, ordinary (4C1), wood natural, 

sift proof walls (4C2), plywood (4D), reconstituted wood (4F), fibreboard (4G), 

plastics, expanded (4H1), plastics, solid 

(4H2). 

Drums: fibreboard (1G), plastics, removable head (1H2), steel, removable head 

(1A2), aluminium, removable head 

(1B2), Plywood (1D). 

* * * * * * * 

* * * * * 

22. In § 173.134, paragraph (b)(13)(i), 

as amended in FR Rule Doc. 06–4992, 

published at 71 FR 32244, June 2, 2006, 

effective October 1, 2006, is revised to 

read as follows: 

§ 173.134 Class 6, Division 6.2—

Definitions and exceptions. 

* * * * * 

(b) * * * 

(13) * * * 

(i) Household waste as defined in 

§ 171.8, 

* * * * * 

23. Section 173.217 is revised to read 

as follows: 

§ 173.217 Carbon dioxide, solid (dry ice). 

(a) Carbon dioxide, solid (dry ice), 

when offered for transportation or 

transported by aircraft or water, must be 

packed in packagings designed and 

constructed to permit the release of 

carbon dioxide gas to prevent a buildup 

of pressure that could rupture the 

packagings. Packagings must conform to 

the general packaging requirements of 

subpart B of this part but need not 

conform to the requirements of part 178 

of this subchapter. 

(b) For transportation by vessel: 

(1) Each transport vehicle and freight 

container containing solid carbon 

dioxide must be conspicuously marked 

on two sides ‘‘WARNING CO2 SOLID 

(DRY ICE).’’

(2) Other packagings containing solid 

carbon dioxide must be marked 

‘‘CARBON DIOXIDE, SOLID—DO NOT 

STOW BELOW DECKS.’’

(c) For transportation by aircraft: 

(1) The net mass of the carbon 

dioxide, solid (dry ice) must be marked 

on the outside of the package. 

(2) Arrangements between shipper 

and operator(s) must be made for each 

shipment, to monitor and limit 

ventilation rates to ensure passengers, 

flight crew members, and animals are 

not affected by the venting of carbon 

dioxide. 

(3) Dry ice used as a refrigerant for 

other than hazardous materials loaded 

in a unit load device or, other type of 

pallet, the quantity limits per package 

shown in Columns (9A) and (9B) of the 

Hazardous Materials Table in § 172.101 

are not applicable. In such a case, the 

unit load device, or other type of pallet 

must be identified to the operator and 

must allow the venting of the carbon 

dioxide gas to prevent a dangerous build 

up of pressure. 

(4) Dry ice is excepted from the 

shipping paper requirements of subpart 

C of part 172 of this subchapter, 

provided alternative written 

documentation is supplied containing 

the following information: Proper 

shipping name (Dry ice or Carbon 

dioxide, solid), class 9, UN number 

1845, the number of packages, and the 

net quantity of dry ice in each package. 

The information must be included with 

the description of the materials. 

(5) Carbon dioxide, solid (dry ice), in 

quantities not exceeding 2.3 kg (5 

pounds) per package and used as a 

refrigerant for the contents of the 

package is excepted from all other 


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55772 Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Proposed Rules 

requirements of this subchapter if the 

requirements of paragraph (a) of this 

section are complied with and the 

package is marked ‘‘Carbon dioxide, 

solid’’ or ‘‘Dry ice’’, marked with the 

name of the contents being cooled, and 

marked with the net weight of the dry 

ice or an indication that the net weight 

is 2.3 kg (5 pounds) or less. 

(d) Carbon dioxide, solid (dry ice), 

when used to refrigerate materials being 

shipped for diagnostic or treatment 

purposes (e.g., frozen medical 

specimens), is excepted from the 

shipping paper and certification 

requirements of this subchapter if the 

requirements of paragraphs (a) and (c)(2) 

of this section are met and the package 

is marked ‘‘Carbon dioxide, solid’’ or 

‘‘Dry ice’’ and marked with an 

indication that the material being 

refrigerated is being transported for 

diagnostic or treatment purposes. 

24. In § 173.301, paragraphs (f)(1) and 

(g)(1) are revised to read as follows: 

§ 173.301 General requirements for 

shipment of compressed gases in cylinders 

and spherical pressure vessels. 

* * * * * 

(f) * * * 

(1) Except as provided in paragraphs 

(f)(5), (f)(6), and (l)(2) of this section, a 

cylinder filled with a gas and offered for 

transportation must be equipped with 

one or more pressure relief devices 

sized and selected as to type, location, 

and quantity, and tested in accordance 

with CGA S–1.1 (compliance with 

paragraph 9.1.1.1 of CGA S–1.1 is not 

required) and S–7. The pressure relief 

device must be capable of preventing 

rupture of the normally filled cylinder 

when subjected to a fire test conducted 

in accordance with CGA C–14 (IBR, see 

§ 171.7 of this subchapter), or, in the 

case of an acetylene cylinder, CGA C–

12 (IBR, see § 171.7 of this subchapter). 

* * * * * 

(g) * * * 

(1) Cylinder manifolding is authorized 

only under conditions prescribed in this 

paragraph (g). Manifolded cylinders 

must be supported and held together as 

a unit by structurally adequate means. 

Except for Division 2.2 materials, each 

cylinder must be equipped with an 

individual shutoff valve that must be 

tightly closed while in transit. Manifold 

branch lines must be sufficiently 

flexible to prevent damage to the valves 

that otherwise might result from the use 

of rigid branch lines. Each cylinder 

must be individually equipped with a 

pressure relief device as required in 

paragraph (f) of this section, except that 

pressure relief devices on manifolded 

horizontal cylinders that are mounted 

on a motor vehicle or framework may be 

selected as to type, location, and 

quantity according to the lowest marked 

pressure limit of an individual cylinder 

in the manifolded unit. The pressure 

relief devices selected for the 

manifolded unit must have been tested 

in accordance with CGA S–1.1 and S–

7. Pressure relief devices on manifolded 

horizontal cylinders filled with a 

compressed gas must be arranged to 

discharge unobstructed to the open air. 

In addition, for Division 2.1 (flammable 

gas) material, the PRDs must be 

arranged to discharge upward to prevent 

any escaping gas from contacting 

personnel or any adjacent cylinders. 

Valves and pressure relief devices on 

manifolded cylinders filled with a 

compressed gas must be protected from 

damage by framing, a cabinet, or other 

method. Manifolding is authorized for 

cylinders containing the following 

gases: 

(i) Nonliquefied (permanent) 

compressed gases authorized by 

§ 173.302. 

(ii) Liquefied compressed gases 

authorized by § 173.304. Each 

manifolded cylinder containing a 

liquefied compressed gas must be 

separately filled and means must be 

provided to ensure no interchange of 

cylinder contents can occur during 

transportation. 

(iii) Acetylene as authorized by 

§ 173.303. 

* * * * * 

§ 173.335 [Removed] 

25. Section 173.335 is removed and 

reserved. 

PART 175—CARRIAGE BY AIRCRAFT 

26. The authority citation for part 175 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 49 

CFR 1.45 and 1.53. 

27. In § 175.10, paragraph (a)(10) is 

revised to read as follows: 

§ 175.10 Exceptions for passengers, 

crewmembers, and air operators. 

* * * * * 

(a) * * * 

(10) Dry ice (carbon dioxide, solid): 

(i) in quantities not exceeding 2.3 kg 

(5 pounds) per person in carry-on 

baggage, when used to pack perishables 

not subject to the HMR. The package 

must permit the release of carbon 

dioxide gas; and/or 

(ii) in checked baggage, with the 

approval of the operator(s), when each 

package is marked ‘‘DRY ICE’’ or 

‘‘CARBON DIOXIDE, SOLID’’, and 

marked with the net mass of dry ice or 

an indication the net weight is 2.3 kg (5 

pounds) or less. 

* * * * * 

28. A new § 175.900 is added to read 

as follows: 

§ 175.900 Handling requirements for 

carbon dioxide, solid (dry ice). 

Carbon dioxide, solid (dry ice) when 

shipped by itself or when used as a 

refrigerant for other commodities, may 

only be carried provided the operator 

has made suitable arrangements 

dependent on the aircraft type, the 

aircraft ventilation rates, the method of 

packing and stowing, whether animals 

will be carried on the same flight and 

other factors. The operator must ensure 

that the ground staff is informed that the 

dry ice is being loaded or is on board 

the aircraft. For arrangements between 

the shipper and operator see § 173.217 

of this subchapter. Where dry ice is 

contained in a unit load device or other 

type of pallet prepared by a single 

shipper in accordance with § 173.217 

and the operator after the acceptance 

adds additional dry ice, the operator 

must ensure that the information 

provided to the Pilot-in-Command 

reflects that revised quantity of dry ice. 

PART 177—CARRIAGE BY PUBLIC 

HIGHWAY 

29. The authority citation for part 177 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.53. 

30. In § 177.848, paragraph (a)(1) is 

revised to read as follows: 

§ 177.848 Segregation of hazardous 

materials. 

(a) * * * 

(1) In packages that must be labeled 

or placarded in accordance with part 

172 of this subchapter; 

* * * * * 

PART 178—SPECIFICATIONS FOR 

PACKAGINGS 

31. The authority citation for part 178 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.53. 

32. In § 178.274, in paragraph (b)(1), 

the first sentence is revised to read as 

follows: 

§ 178.274 Specifications for UN portable 

tanks. 

* * * * * 

(b) General design and construction 

requirements. (1) The design 

temperature range for the shell must be 

–40 °C to 50 °C (–40 °F to 122 °F) for 

hazardous materials transported under 

normal conditions of transportation, 


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Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Proposed Rules 55773 

except for portable tanks used for 

refrigerated liquefied gases where the 

minimum design temperature must not 

be higher than the lowest (coldest) 

temperature (for example, service 

temperature) of the contents during 

filling, discharge or transportation. 

* * * 

* * * * * 

33. In § 178.337–9, paragraph (b)(8) is 

revised to read as follows: 

§ 178.337–9 Pressure relief devices, 

piping, valves, hoses, and fittings. 

* * * * * 

(b) * * * 

(8) Chlorine cargo tanks. Angle valves 

on cargo tanks intended for chlorine 

service must conform to the standards of 

The Chlorine Institute, Inc., Dwg. 104–

8 or ‘‘Section 3, Pamphlet 166 Angle 

Valve Guidelines for Chlorine Bulk 

Transportation.’’ (IBR, see § 171.7 of this 

subchapter). Before installation, each 

angle valve must be tested for leakage at 

not less than 225 psig using dry air or 

inert gas. 

* * * * * 

34. In § 178.337–10, paragraph (d) is 

revised to read as follows: 

§ 178.337–10 Accident damage protection. 

* * * * * 

(d) Chlorine tanks. A chlorine tank 

must be equipped with a protective 

housing and a manway cover to permit 

the use of standard emergency kits for 

controlling leaks in fittings on the dome 

cover plate. For tanks manufactured on 

or after and [PUBLICATION DATE OF 

FINAL RULE], the housing and manway 

cover must conform to the Chlorine 

Institute, Inc., Dwg. 137–5 (IBR, see 

§ 171.7 of this subchapter). 

* * * * * 

PART 180—CONTINUING 

QUALIFICATION AND MAINTENANCE 

OF PACKAGINGS 

35. The authority citation for part 180 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.53. 

36. In § 180.205, a new paragraph 

(g)(6) added to read as follows: 

§ 180.205 General requirements for 

requalification of cylinders. 

* * * * * 

(g) * * * 

(6) The guidelines contained in CGA 

Pamphlet C 1.1 may be used for training 

persons who requalify cylinders using 

the volumetric expansion test method. 

* * * * * 

Issued in Washington, DC on September 

15, 2006 under authority delegated in 49 CFR 

part 106. 

Robert A. McGuire, 

Associate Administrator for Hazardous 

Materials Safety. 

[FR Doc. 06–7913 Filed 9–22–06; 8:45 am] 

BILLING CODE 4910–60–P 


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