[Federal Register Volume 71, Number 170 (Friday, September 1, 2006)]
[Proposed Rules]
[Pages 52017-52040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7360]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 174, and 178

[Docket No. PHMSA-06-25736 (HM-231)]
RIN 2137-AD89


Hazardous Material; Miscellaneous Packaging Amendments

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: In this NPRM, PHMSA is proposing to make miscellaneous 
amendments to the Hazardous Materials Regulations (HMR) based on 
changes to packaging requirements in the United Nations Recommendations 
on the Transport of Dangerous Goods, petitions for rulemaking received 
in accordance with requirements specified in 49 CFR

[[Page 52018]]

106.95, and PHMSA initiative. These proposed amendments are intended to 
clarify certain regulatory requirements specific to bulk and non-bulk 
packaging. The amendments proposed in this NPRM also include 
incorporation of requirements for construction, maintenance and use of 
Large Packagings, clarification of specification marking requirements, 
and revisions to packaging definitions.

DATES: Comments must be received by November 30, 2006.

ADDRESSES: You may submit comments to the docket number PHMSA-06-25736 
(HM-231) by any of the following methods:
    <bullet> Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
    <bullet> Fax: 1-202-493-2251.
    <bullet> Mail: Docket Management System; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001. If sent by mail, comments are to be 
submitted in two copies. Persons wishing to receive confirmation of 
receipt of their comments should include a self-addressed stamped 
postcard.
    <bullet> Hand Delivery: Docket Management System; Room PL-401 on 
the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m. Monday through Friday, except 
Federal holidays.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. All comments received will be posted without change to 
http://dms.dot.gov including any personal information provided. You may 
review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (volume 65, number 70; pages 19477-78) or 
you may visit http://dms.dot.gov.
    Docket: For access to the docket to read background documents and 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Arthur M. Pollack, Office of Hazardous 
Materials Standards, (202) 366-8553, or Donald Burger, Office of 
Hazardous Materials Technology, (202) 366-4545; Pipeline and Hazardous 
Materials Safety Administration, U.S. Department of Transportation, 400 
Seventh Street, SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    On December 21, 1990, the Research and Special Programs 
Administration-- the predecessor agency to the Pipeline and Hazardous 
Materials Safety Administration (PHMSA; we) --published a final rule 
(Docket HM-181; 55 FR 52402) based on the UN Recommendations on the 
Transport of Dangerous Goods (UN Recommendations). The final rule 
comprehensively revised the Hazardous Materials Regulations (HMR), 49 
CFR parts 171 to 180, for harmonization with international standards. 
Included in these amendments was a change to hazardous materials 
packaging standards from detailed design specifications to performance 
oriented standards. This NPRM is designed primarily to clarify 
requirements specific to packaging issues and to reduce regulatory 
burdens on industry by incorporating changes into the HMR based on 
PHMSA's own initiative and petitions for rulemaking submitted in 
accordance with 49 CFR 106.95. We are also proposing to add two new 
subparts to part 178: Subpart P--Large Packaging Performance-Oriented 
Standards and subpart Q--Testing of Large Packagings.
    In this NPRM, we are proposing the following revisions to the HMR:
    1. Revise, remove, and add definitions specific to packaging 
requirements.
    2. Amend export and import provisions in Sec.  171.12.
    3. Revise Sec.  172.101 Table entries for packaging requirements.
    4. Add and revise special provisions.
    5. Clarify shippers' responsibilities for complying with packaging 
standards.
    6. Clarify requirements for stacking of bulk packaging.
    7. Correct error in general IBC requirements related to gauge 
pressure.
    8. Authorize bromine residue in cargo tanks.
    9. Clarify closure instructions for specification packagings.
    10. Add exceptions for marking of steel drums.
    11. Add an exception for marking of UN symbol with a stencil.
    12. Amend packaging variations.
    13. Add standards and provision for the manufacture and use of 
Large Packagings.
    In this NPRM, we are proposing to address eight petitions for 
rulemaking. We propose changes to the HMR based on six petitions. We 
are denying two petitions. The petitions are discussed in more detail 
in the appropriate sections of this preamble. The following table 
identifies the petitions addressed in this NPRM:

----------------------------------------------------------------------------------------------------------------
           Petition*                     Company               Section                Status of petition
----------------------------------------------------------------------------------------------------------------
P-1173.........................  Monsanto Company.......  Sec.   171.8.....  Amendments proposed based on
                                                                              petition.
P-1328.........................  Reusable Industrial      Sec.   173.28(b).  Denial.
                                  Packaging Association.
P-1337.........................  Steel Shipping           Sec.   178.601(g)  Amendments proposed based on
                                  Container Institute.                        petition.
P-1356.........................  Connelly Containers....  Sec.   178.703(a)  Denial.
P-1359.........................  Association of           Sec.   171.8.....  Amendments proposed based on
                                  Container                                   petition.
                                  Reconditioners.
P-1371.........................  Steel Shipping           Sec.  Sec.         Amendments proposed based on and
                                  Container Institute.     178.3(a) and       petition.
                                                           178.503(a).
P-1431.........................  Arch Chemicals, Inc....  Sec.   171.12....  Amendments proposed based on
                                                                              petition.
P-1455.........................  Dangerous Goods          Sec.   178.503...  Amendments proposed based on
                                  Advisory Council.                           petition.
----------------------------------------------------------------------------------------------------------------
\*\ Each of these petitions can be viewed at the Dockets Management System Web site at: http://dms.dot.gov/reports/rspa_report.cfm.


[[Page 52019]]

II. Summary of Proposed Regulatory Changes by Section

Part 171

    Section 171.8. We propose to remove the definition for ``strong 
outside container'' and add a new definition for ``strong outer 
packaging.'' Currently, the HMR use the terms ``strong outside 
container'' and ``strong outer packaging'' interchangeably; however, 
there is no definition for ``strong outer packaging'' in Sec.  171.8. 
Therefore, we are proposing to remove the definition for ``strong 
outside container'' and add a definition for ``strong outer 
packaging.'' The term ``strong outside container'' is used only once in 
the HMR in Sec.  173.338; therefore, we are also proposing to revise 
the reference to read ``strong outer packaging.'' Use of one defined 
term when referring to ``strong outer packaging'' will clarify related 
packaging requirements. The proposed definition states ``strong outer 
packaging'' is the outermost enclosure for a hazardous material. As 
proposed, a strong outer packaging must meet the requirements of part 
173, subpart B, but need not be tested in accordance with part 178 of 
the HMR. In addition, we propose a reference as a reminder to shippers 
intending to offer hazardous materials by air that Sec.  173.27 applies 
to strong outer packagings.
    The Association of Container Reconditioners (ACR) petitioned PHMSA 
(P-1359) to add definitions for ``Remanufactured packaging,'' ``Reused 
packaging,'' and ``Reconditioned packaging'' to Sec.  171.8. ACR 
contends that these definitions will be easier for the reader to find 
if they are in Sec.  171.8. The definitions of ``Remanufactured 
packaging'' and ``Reconditioned packaging'' contain regulatory 
requirements; therefore we are not proposing to move the definitions to 
Sec.  171.8. However, we agree that there should be a reference to the 
definitions for ``Remanufactured packaging'' and ``Reconditioned 
packaging'' in Sec.  171.8. Therefore, we are proposing to insert a 
reader's aid into Sec.  171.8 to make reference to the definitions and 
regulatory requirements in Sec.  173.28. The meaning of the term 
``reuse'' is evident based on its use in Sec.  173.28 and is not used 
in the HMR other than this section. Therefore we see no compelling need 
to add a definition for ``Reused packaging'' to Sec.  171.8 at this 
time.
    In this NPRM we are proposing to revise the definitions for ``Bulk 
packaging'' and ``Non-bulk packaging'' based on the particular 
packaging specification at issue and volumetric capacity. The current 
definitions read as follows:

    Bulk packaging means a packaging, other than a vessel or a 
barge, including a transport vehicle or freight container, in which 
hazardous materials are loaded with no intermediate form of 
containment and which has:
    (1) A maximum capacity greater than 450 L (119 gallons) as a 
receptacle for a liquid;
    (2) A maximum net mass greater than 400 kg (882 pounds) and a 
maximum capacity greater than 450 L (119 gallons) as a receptacle 
for a solid; or
    (3) A water capacity greater than 454 kg (1000 pounds) as a 
receptacle for a gas as defined in Sec.  173.115 of this subchapter.
    Non-bulk packaging means a packaging which has:
    (1) A maximum capacity of 450 L (119 gallons) or less as a 
receptacle for a liquid;
    (1) A maximum net mass greater of 400 kg (882 pounds) or less 
and a maximum capacity of 450 L (119 gallons) or less as a 
receptacle for a solid; or
    (2) A water capacity of 454 kg (1000 pounds) or less as a 
receptacle for a gas as defined in Sec.  173.115 of this subchapter.

    Monsanto Company petitioned PHMSA (P-1173) to revise the definition 
for ``Non-bulk packaging'' by changing ``and'' to ``or'' in paragraph 
(2) to read ``A maximum net mass of 400 kg (882 pounds) or less or a 
maximum capacity of 450 L (119 gallons) or less as a receptacle for a 
solid.'' If this change were to be made, packagings with a volume 
greater than 450 L (119 gallons) with a net mass of less than 400 kg 
(882 pounds) would be defined as non-bulk packagings. It has been our 
long-standing interpretation that such packagings are defined as bulk 
packagings. Through letters of interpretation issued from the Office of 
Hazardous Materials Standards, we have stated the bulk packaging 
definition is based on the capacity of the receptacle, not on the 
actual amount contained therein at the time of shipment. We are not 
proposing to change the meaning of bulk packaging or non-bulk packaging 
in this NPRM, only clarify how they are defined.
    However, we agree the definitions for ``Bulk packaging'' and ``Non-
bulk packaging'' should be revised to provide clarity in the HMR. For 
example, under the current language in the HMR, a person attempting to 
determine whether a UN 4G fiberboard box is a non-bulk packaging must 
first carefully read the definition for non-bulk packaging in Sec.  
171.8 and must also read the standards for fiberboard boxes in Sec.  
178.516. A packaging manufacturer must consult Sec. Sec.  171.8 and 
178.516 to determine the restrictions on size and capacity before 
designing, constructing, and testing a UN 4G fiberboard box.
    To reduce confusion and clarify the definitions for ``bulk 
packaging'' and ``non-bulk packaging,'' in this NPRM, we propose to 
define the terms as follows:

    Bulk packaging means:
    (1) Any specification cargo tank, tank car, or portable tank 
constructed and marked in accordance with part 178 of this 
subchapter;
    (2) Any Specification 3AX, 3AAX or 3T cylinder constructed, 
marked and certified in accordance with subpart C of part 178 of 
this subchapter.
    (3) Any Industrial Packaging, Type A, Type B, Intermediate Bulk 
Container, Large Packaging, or non-specification packaging that has 
a volumetric capacity of greater than 450 L (119 gallons).
    Non bulk packaging means:
    (1) Any packaging constructed, marked, tested and certified as 
meeting the standards specified in Subparts L and M of Part 178 of 
this subchapter.
    (2) Except for Specifications 3AX, 3AAX and 3T, any 
Specification cylinder constructed, marked and certified in 
accordance with subpart C of part 178 of this subchapter.
    (3) Any Industrial Packaging, Type A, Type B, Intermediate Bulk 
Container, Large Packaging, or non-specification packaging that has 
a volumetric capacity of 450 liters (119 gallons) or less.

    In addition to the revised definitions, we are proposing to amend 
subpart L of part 178 to include capacity limitations applicable to 
individual DOT specification packagings. For example, a plywood box 
would be limited to a maximum volumetric capacity of 450 L (119 
gallons). Using these proposed definitions, a person would determine 
that a UN 4G is a non-bulk packaging based on the definition in Sec.  
171.8 alone. Similarly, based on the proposed revisions to part 178, 
subpart L, a packaging manufacturer could determine the size and 
capacity restrictions in one section without referring back to Sec.  
171.8.
    The proposed revisions do not change the current thresholds under 
which packagings are defined as bulk or non-bulk. Rather, the intended 
effect of these revisions is to clarify the current definitions, 
thereby eliminating confusion and enhancing voluntary compliance.
    The definitions in this NPRM for ``bulk packaging'' and ``non-bulk 
packaging'' clarify packagings with a volume of 450 L (119 gallons) or 
less and with a gross mass of more than 400 kg are defined as ``Non-
bulk packagings.'' Packagings with a volume greater than 450 L (119 
gallons) and with a gross mass less than or equal to 400 kg are defined 
as ``Bulk packagings.'' We are currently reviewing these definitions to 
determine if we should revise or eliminate the volumetric capacity 
limits for individual packagings and the impact of such revisions. 
Specifically, we are

[[Page 52020]]

considering eliminating the volumetric limit for boxes, IBC's, and 
portable tanks. We ask commenters to address the following questions, 
to the extent possible, when submitting comments to the NPRM:
    1. Should we eliminate the volumetric limit for boxes, IBC's, and 
portable tanks?
    2. What are the regulatory and/or cost impacts of eliminating the 
volumetric limit for boxes, IBC's, and portable tanks?
    3. Would this be more consistent with the UN Recommendations?
    4. How should marking, labeling and placarding issues be addressed 
if the volumetric limit is removed or changed?
    In this NPRM, we are proposing to add new standards for Large 
Packagings and to revise Sec.  178.801(i) to remove the requirement for 
approval before manufacture and use of Large Packagings. As a result, 
it is necessary to make minor revisions to the definition of Large 
Packaging. We are removing the reference to Sec.  178.801, inserting 
references to the proposed new subparts P and Q to part 178, and 
removing the reference to gross mass to be consistent with the proposed 
changes to the definitions for ``Bulk packaging'' and ``Non-bulk 
packaging.''
    Section 171.12. Arch Chemicals, Inc. (``Arch'') petitioned PHMSA 
(P-1431) to amend Sec.  171.12, which establishes requirements for 
import and export shipments, to reference the marking requirement in 
Sec.  172.313(b). Section 172.313, paragraph (b) requires plastic and 
composite non-bulk packagings containing Division 6.1 material to be 
marked ``POISON''. In its petition, Arch states that as a result of 
Sec.  171.12 having no provision for compliance with Sec.  172.313, 
import shipments need not have this marking. Arch suggests that this is 
an inconsistency in the HMR. We agree this is an oversight and are 
proposing to add a new paragraph (b)(13) to Sec.  171.12 to require 
import and export shipments transported under Sec.  171.12 to comply 
with Sec.  172.313(b).

Part 172

    The Hazardous Materials Table (HMT). In this NPRM, we are proposing 
to amend the entries for ``Azodicarbonamide'' and ``Isosorbide-5-
mononitrate.'' Because these materials pose similar hazards, they are 
best packaged in the same manner as Musk xylene (5-tert-Butyl-2,4,6-
trinitro-m-xylene); therefore we are changing their references for non-
bulk packaging to Sec.  173.223. In addition, we are proposing to 
authorize the transportation of certain explosives in Large Packagings 
consistent with the UN Recommendations. Therefore several entries for 
explosives are revised to read ``62'' rather than ``none'' in Column 
(8c). In addition, we are proposing to make editorial changes to the 
special provisions and vessel stowage requirements for these entries in 
the HMT.
    Section 172.102. In this NPRM, we are proposing to add two new 
subparts to Part 178 to authorize the construction of Large Packagings. 
To authorize the use of these Large Packagings, we are proposing to 
revise paragraph (c)(4) to include provisions for Large Packagings. The 
revised language will specify that Large Packagings are authorized when 
a table entry specifies Special Provision IB3 or IB8. In this section, 
we will also restrict the use of Large Packagings to Packing Group III 
materials, with the exception of the following PG II entries, which 
will be authorized via a new Special Provision 41: UN 2531, Methacrylic 
acid, stabilized and UN 3291, Regulated medical waste, n.o.s. We are 
proposing to authorize these two Packing Group II entries to be 
consistent with the UN Recommendations. We propose to insert a new 
Table 3 authorizing Large Packagings and to revise Table 1 so IB3 and 
IB8 reference the new Table 3.
    Section 172.514. We are proposing to add Large Packagings to the 
types of packagings that may be placarded on only two opposite sides or 
labeled instead of placarded.

Part 173

    Section 173.12. The Reusable Industrial Packaging Association 
(RIPA) petitioned PHMSA (P-1328) to amend Sec.  173.12(c), which 
establishes conditions for reuse of previously used packagings for the 
transportation of hazardous waste. In its petition, RIPA states that 
the minimum thickness criteria specified in Sec.  173.28(b)(4) for the 
reuse of metal and plastic drums and jerricans, should be applied to 
packagings reused for hazardous waste under the exception in Sec.  
173.12(c). RIPA believes this is an oversight and was inadvertently 
incorporated into the HMR as part of Docket HM-181 (December 21, 1990; 
55 FR 52401).
    The exception in Sec.  173.12(c) is not authorized for packaging 
intended to be used more than two times (initial use and the return 
shipment of the waste product). A package may only be shipped under 
this exception once and must meet the following conditions; (1) It may 
only be transported by highway; (2) it must be loaded by the shipper 
and unloaded by the consignee or shipped by a private motor carrier; 
and (3) the packaging may not be offered for transportation less than 
twenty four hours after it is finally closed for transportation and 
each package must be inspected for leakage and found to be free from 
leaks immediately prior to being offered for transportation. If the 
packaging is subsequently reused, it will be subject to the minimum 
thickness requirements in Sec.  173.28(b)(4). The significant 
restrictions of Sec.  173.12(c) and fact that the exception may only be 
used once per packaging make it unnecessary to require a shipper to 
comply with the minimum thickness criteria in Sec.  173.28(b)(4). 
Therefore, we do not believe that these packages that comply with the 
restrictions in Sec.  173.12(c) need to comply with the minimum 
thickness criteria in Sec.  173.28(b)(4). We do not believe that the 
costs associated with the impacts of RIPA's request are commensurate 
with the benefits.
    Section 173.22. We are proposing to revise the shipper's 
responsibilities in Sec.  173.22(a)(4) to include the requirement to 
maintain a copy of the manufacturer notification, closure instructions, 
and supporting documentation for variations in Sec.  178.601(g). 
Current requirements specify that the person transferring the package 
to the shipper or distributor must furnish a copy of the notification; 
however, there is no requirement for the shipper to retain the 
documentation. Within an organization, a person other than the person 
who will be closing the package may receive the written notification. 
In addition, a packaging might not be filled and closed for months or 
years after it has been transferred to an individual or company. In 
these circumstances the written notification may be lost or unavailable 
to the person closing the package. We are proposing these changes to 
ensure each shipper will properly close packagings.
    Section 173.24b. We are proposing a new paragraph to clarify that 
packages not designated and tested for stacking may not be stacked 
during transportation. In addition, we are proposing to clarify that 
packages intended for stacking may not have more weight superimposed 
upon them than is marked on the packaging.
    Section 173.28. We are proposing to add an additional sentence to 
paragraphs (a) and (f) to clarify that packagings not meeting minimum 
thickness criteria may not be reconditioned or remanufactured.
    Section 173.35. In paragraph (h)(2), we are proposing to correct an 
error in the pressure limitation for metal IBCs. Currently, paragraph 
(h)(2) prohibits the gauge pressure in a metal IBC from exceeding 110 
kPa (16 psig) at 50 [deg]C

[[Page 52021]]

(122 [deg]F) or 130 kPa (18.9 psig) at 55 [deg]C (131 [deg]F). Use of 
the term ``gauge pressure'' is an error. We are proposing to correct 
this by changing ``gauge pressure'' to ``vapor pressure.''
    Section 173.36. In this NPRM we are proposing to add two new 
subparts to Part 178 to authorize the manufacture of large packagings. 
In this section, we are adding operational requirements for the use of 
Large Packagings. This new section would address the Large Packaging 
filling limits and procedures. Before being filled and offered for 
transportation, every Large Packaging would be visually inspected to 
ensure that it is free from corrosion, contamination, cracks, or other 
damage that would render the Large Packaging unsafe for transportation. 
We are proposing that inner paper or flexible plastic packagings must 
be replaced with new inner packagings prior to reuse of the Large 
Packaging. We are also proposing requirements for mixed content Large 
Packagings based on the current non-bulk combination packaging 
requirements specified in Sec.  173.24a.
    Section 173.62. In accordance with the UN Recommendations, we are 
proposing to authorize Large Packagings for the transportation of 
certain explosives. We are proposing to revise packaging instruction 
130 in the Table of Packing Methods to include certain Large 
Packagings.
    Section 173.223. We are proposing to revise this section for 
consistency with the proposed revised HMT entries for 
``Azodicarbonamide'' and ``Isosorbide-5-mononitrate.''
    Sections 173.240 through 173.242. We are proposing to amend these 
three generic bulk packaging sections to authorize Large Packagings and 
to reference Sec.  172.102, Table 2 for determining authorized Large 
Packagings. In these sections we are also proposing to clarify that 
Large Packagings are not authorized for Packing Group I or II hazardous 
materials.
    Section 173.249. Under Docket HM-215G (69 FR 76043), published on 
December 20, 2004, we revised paragraph (c) to authorize the return of 
portable tanks containing a residue of bromine. In this NPRM, we 
propose to revise paragraph (b) to authorize the transportation of 
bromine residue in cargo tanks to facilitate the return of empty cargo 
tanks with a bromine residue.
    Section 173.338. We are proposing to remove the reference to 
``strong outside container'' and replace it with ``strong outer 
packaging.''

Part 174

    Section 174.63. In Sec.  174.63, we are proposing to change the 
section title and paragraph (a) to reflect the addition of Large 
Packagings to the HMR.

Part 178

    Section 178.2. Current requirements in paragraph (c)(1)(ii) specify 
that closure instructions must be provided to whomever a packaging is 
transferred. However, the HMR do not specify how detailed the closure 
instructions must be or what they must include. As a result, shippers 
may not know how to properly close a package so it can be transported 
safely. Closure instructions generally must provide for a consistent 
and repeatable means of closure. To this end, the manufacturer's 
closure instructions could specify a range of torque values applicable 
to the closure. Similarly, the closure instructions could include a 
specific closure method (e.g., tighten the cap until the bottle 
contacts the cap gasket and then tighten an additional \3/4\ turn). As 
an alternative, the packaging and closure could be designed to ensure 
an effective closure. For example, the packaging could be designed with 
a stop feature or other indexing to indicate how the cap should be 
tightened. The manufacturer's closure instructions should be consistent 
with the language in the test report and must be written so the user is 
able to duplicate the closure method based on the instructions. In this 
NPRM, we are proposing to revise Sec.  178.2(c)(1)(ii) to clarify that 
closure instructions must provide for a measurable and repeatable means 
of closure consistent with the means of closure used for performance 
testing.
    Sections 178.3 and 178.503. The Steel Shipping Container Institute 
(SSI) petitioned PHMSA (P-1371) to modify marking requirements under 
Sec. Sec.  178.3(a)(5) and 178.503(a)(10) for packagings with a gross 
mass of more than 30 kg (66 pounds). Currently, packages with a gross 
mass of more than 30 kg (66 pounds) must be marked on the top or side. 
If the package marking is on the bottom, then a duplicate marking must 
be on the side or top. SSI's petition relates to this duplicate 
marking. In its petition, SSI requests a change in the language in 
Sec.  178.3(a)(5) to allow the duplicate marking, when applicable, to 
be a lesser design standard than is marked on the bottom of the 
package. For example, a package would be tested and marked on the 
bottom as meeting the Packing Group I performance standard and the 
duplicate marking on the side would indicate that the packaging is 
certified to the Packing Group II performance standard. In this NPRM, 
we are proposing to revise these two paragraphs to allow a lesser 
design standard on the side or top marking than that which is required 
on the bottom. This change would not impact safety and would allow drum 
manufacturers more flexibility when manufacturing and reusing drums.
    The Dangerous Goods Advisory Council (DGAC) petitioned PHMSA (P-
1455) to allow stenciling of the United Nations symbol. The HMR do not 
now prohibit stenciling of the UN symbol; however, the current marking 
requirements in Sec.  178.503 discourage stenciling because they do not 
tolerate even small gaps in the circle surrounding the letters ``u'' 
and ``n.'' The only way to stencil the UN symbol without leaving gaps 
in the circle is to use a two-step stenciling system. DGAC states that 
controlling a two-step process introduces variability, which often 
results in a smeared image. In response, we are proposing to revise 
Sec.  178.503 paragraphs (a)(1) and (e)(1) to include an objective 
standard under which small gaps in the United Nations symbol would be 
permitted. So that the symbol will remain readily identifiable, we are 
proposing to restrict the gaps to a size no greater than ten percent of 
the circumference of the circle and the number of gaps to no more than 
three. In addition, we are proposing to amend the language in paragraph 
(a)(1) to authorize this exception.
    Sections 178.512 through 178.521. We are proposing to amend 
Sec. Sec.  178.512 through 178.521 to specify volumetric capacity may 
not exceed 450 L (119 gallons) for the following packaging design 
types: aluminum boxes, natural wood boxes, plywood boxes, reconstituted 
wood boxes, fiberboard boxes, plastic boxes, woven plastic bags, 
plastic film bags, textile bags, and paper bags. We are proposing these 
revisions together with revisions to the definitions for ``Bulk 
packaging'' and ``Non-bulk packaging'' in an effort to eliminate 
uncertainty in determining if a package is a bulk package or a non-bulk 
package.
    Section 178.601. Under current requirements, Sec.  178.601(g)(1) 
provides an exception (Variation 1) that allows a person to substitute 
an inner receptacle if they determine that the inner packaging, 
including its closure, maintains an equivalent level of performance. As 
written, the current requirements allow substitution of the inner 
receptacle without any documentation of how the person making the 
substitution concluded the inner receptacle is equivalent. We are 
proposing to revise Sec.  178.601(g)(1) to

[[Page 52022]]

specify that the person making a change to a packaging design under the 
provisions of a selective testing variation must document in writing 
the methodology used.
    The Steel Shipping Container Institute (SSCI) petitioned PHMSA (P-
1337) to make several changes to the provisions in Sec.  178.601(g)(8), 
which apply to the approval of selective testing of steel drums that 
differ in minor respects from a tested type of drum. The changes 
proposed by SSCI would allow drums with capacities between twelve and 
fifty liters to be excepted from re-testing design types found under 
Sec.  178.601(g)(8). We are proposing to revise Sec.  178.601(g)(8) to 
include drums with a capacity of 12 liters (3 gallons) or more. 
However, we do not agree with SSCI that Sec.  178.601(g)(8)(viii) 
should be changed to allow increased thickness of 1.35 mm before being 
considered a ``different packaging.'' When a drum's thickness is 
altered, the properties of the drum are changed, and further testing 
must be conducted. Therefore, we are not proposing this provision in 
SSCI's petition.
    We are proposing to revise Sec.  178.601(k) to authorize a lesser 
quantity of test samples used in testing of stainless steel drums. 
PHMSA has issued numerous approvals to manufacturers authorizing the 
use of fewer than eighteen test samples. We are proposing to add the 
provisions found in these approvals to Sec.  178.601(k).
    Section 178.700. We propose to revise the lower volumetric limit 
for flexible IBCs (FIBCs). In Docket HM-181E (59 FR 38068), published 
July 26, 1994, we defined ``Body'' as having a lower limit of 450 
liters, thus precluding the manufacture of IBCs with a volume of less 
than 450 L. In reviewing the HMR, we have identified a gap in the 
allowable packaging specifications for flexible packagings with a 
capacity between 50 kg and 400 kg. To remedy this gap, we are proposing 
to allow bags between 50 kg and 400 kg to be manufactured and tested 
under IBC standards in subparts N and O of part 178. We are currently 
reviewing the HMR to determine if we should eliminate the lower limit 
for other IBCs as well. To facilitate this review, we request comments 
addressing the following questions, to the extent possible, when 
submitting comments to the NPRM:
    1. Is it necessary to address flexible packagings/bags between 50 
kg and 450 kg or is there little or no practical application for such 
packagings?
    2. Should we remove the lower limit for all IBC design types?
    3. Is it necessary to add further testing requirements for IBCs 
with a capacity of 450 liters (119 gallons) or less due to difference 
in the way non-bulk packages are handled in transportation?
    4. Are the re-testing provisions for IBCs in part 180 sufficient 
for a packaging with a capacity less than 450 liters (119 gallons)?
    Section 178.703. In Sec.  178.503 we are proposing to revise 
language to authorize small gaps in the United Nations symbol. This 
would allow stenciling of the symbol. To make this change, it is also 
necessary to propose amended language to paragraph (a)(1)(i) to 
authorize stenciling of the United Nations symbol for IBCs.
    Connelly Containers petitioned PHMSA (P-1356) to change the marking 
requirements for rigid fiberboard IBCs (11G). Specifically, Connelly 
Containers requests a change in the wording in Sec.  178.703(a)(iv) to 
except packagings of type 11G from the requirement to mark the month of 
manufacture. Connelly Containers states in its petition that non-bulk 
fiberboard boxes (4G) are only required to mark the year of manufacture 
while IBCs (11G) must have both month and year marked on the packaging.
    We are not proposing to adopt such changes. The reuse requirements 
for IBCs are different than those for non-bulk packagings such as 4G 
fiberboard boxes. It is necessary for a person who intends to reuse an 
IBC to know both the month and year of manufacture before refilling the 
packaging because these markings are used to determine if a retest is 
due. If a retest is due, the re-filler must retest the packaging prior 
to filling.
    Sections 178.705 through 178.710. We are proposing to move the 
lower limit for IBCs currently in the definition of ``Body'' in Sec.  
178.700 to the individual standards in Sec. Sec.  178.705 through 
178.710. These are more appropriate sections for the lower limit and 
will result in better understanding of the individual IBC 
specifications. In addition, we are proposing to authorize smaller 
flexible IBCs in Sec.  178.710 by decreasing the limit to 50 kilograms. 
We are retaining the 400 kilogram lower limit for rigid IBCs; however, 
as previously stated, we invite your comments on this issue.
    Section 178.801. In this NPRM, we propose to add new standards for 
Large Packagings. Therefore, the reference to UN standards for Large 
Packagings in Sec.  178.801(i) will no longer be necessary to authorize 
the use of Large Packagings. We propose to remove the third and fourth 
sentences in paragraph (i) of this section.
    Section 178.810. We are proposing a second drop test for IBCs with 
a capacity of 0.45 cubic meters (15.9 cubic feet) or less. In this 
NPRM, we are proposing to remove the lower limit of 450 liters (119 
gallons) and 0.45 cubic meters (15.9 cubic feet) from the 
specifications for FIBCs. Non-bulk packaging are handled in 
transportation in a different manner than IBC's. Often loading and 
unloading of a transport vehicle is performed without the use of a 
mechanical handling device like a fork lift or hoist. Non-bulk packages 
are more likely to be dropped while in transportation. Therefore, over 
the past ten years, when issuing an approval issued in accordance with 
Sec.  178.801(i) we have imposed an additional drop test for non-bulk 
capacity IBCs. We propose to incorporate this additional drop test in 
Sec.  178.810.
    Section 178.815. We propose to revise Sec.  178.815 by adding a new 
paragraph (e)(4) to describe the passing criteria for the dynamic 
compression test. This revision clarifies existing requirements.
    Section 178.819. We are proposing to revise subparagraphs (b)(1) 
and (2) to clarify testing provisions and provide additional options 
when performing the vibration test. In paragraph (b)(1), we would 
clarify that water is a suitable test filler material for the vibration 
test. In paragraph (b)(2), we would clarify that a vibrating platform 
may be used that will produce rotary double-amplitude.
    Subparts P and Q to Part 178. Under Docket HM-215D (66 FR 33316), 
published June 21, 2001, we added a provision to authorize Large 
Packagings under approval from the Associate Administrator to Sec.  
178.801. In this NPRM, we are proposing to remove the approval 
requirement and add two new subparts (P and Q) to part 178 for the 
design, construction, and testing of Large Packagings. Adding the 
manufacture, testing and use requirements into the HMR provides 
additional flexibility and effectively removes the need to apply for an 
approval to manufacture and use these packagings in the United States. 
The design, construction and testing requirements are based on the UN 
Recommendations on the Transport of Dangerous Goods, Thirteenth Revised 
Edition (2003); Chapter 6.6 Requirements for the Construction and 
Testing of Large Packagings. The regulatory layout and language is 
modeled on the current requirements for IBCs and includes:
    Section 178.900. This section discusses the general purpose and 
scope of Subpart P.
    Section 178.902. This section designates Large Packaging codes. For

[[Page 52023]]

example, ``50'' would designate rigid Large Packagings and ``G'', like 
other specification packagings, would designate fiberboard.
    Section 178.903. In this section we are proposing to specify 
requirements for certification marking of Large Packagings. The Large 
Packaging certification mark would be comprised of the following 
elements: the ``UN'' symbol specified in Sec.  178.503(e)(1), code 
numbers designating the Large Packaging design type, performance level 
achieved by the package (i.e., Packing Group), month and year of 
manufacture, country where the packaging was authorized (e.g., USA), 
name and address or symbol of the manufacturer, stacking test load in 
kilograms, and maximum permissible gross mass (for flexible Large 
Packagings, the maximum permissible load in kilograms). The NPRM 
provides three examples of Large Packaging certification marking.
    Sections 178.904 through 178.909. Sections 178.904 through 178.909 
contain performance standards for Large Packagings.
    Section 178.1000. This section describes the general purpose and 
scope of the new Subpart Q.
    Section 178.1001. In this section, we propose general testing, 
inspection, and recordkeeping requirements for Large Packagings. We 
propose to require design qualification testing to be conducted at the 
start of production of each new or different Large Packaging design 
type and to require production testing and inspection for each newly 
manufactured Large Packaging. In addition, Large Packaging 
manufacturers would be required to keep records for the qualification 
of each Large Packaging design type and for each periodic design re-
qualification. Records would be maintained at each location where a 
Large Packaging is manufactured and at each location where Large 
Packaging design qualification and periodic design re-qualification 
testing is performed. Records would be required to be maintained for as 
long as Large Packagings are manufactured in accordance with each 
qualified design type and for at least two years thereafter.
    Section 178.1002. In this section, we propose requirements for the 
preparation of Large Packagings for testing. Preparation of packages, 
as required for non-bulk packagings and IBCs, includes requirements for 
filling and conditioning of packagings prior to conducting testing.
    Section 178.1010. This section establishes the drop test 
requirements for Large Packagings. The test requirements would be 
similar to those for IBCs and non-bulk packagings in Sec. Sec.  178.603 
and 178.810. Large Packagings intended to contain liquids would be 
required to be filled to at least ninety-eight percent of their 
capacity, and ninety-five percent for solids, in preparation for the 
drop test. Rigid Plastic Large Packagings and Large Packagings with 
plastic inner receptacles would be drop tested when samples and 
components have been conditioned to -18 [deg]C (0 [deg]F). Samples of 
Large Packaging design types would be dropped onto a non-resilient, 
smooth, flat surface. The point of impact would be the most vulnerable 
part of the base of the Large Packaging being tested.
    Section 178.1011. This section contains provisions for a bottom 
lift test for Large Packagings design types designed to be lifted from 
the base.
    Section 178.1012. This section contains provisions for a top lift 
test for Large Packaging design types that are designed to be lifted 
from the top and Flexible Large Packagings designed to be lifted from 
the side.
    Section 178.1015. We propose to require a stacking test for all 
Large Packaging design types designed to be stacked. Rigid plastic 
Large Packagings that bear the stacking load would be subject to the 
stacking test for twenty-eight days; fiberboard and wooden Large 
Packagings would be subject to the stacking test for twenty-four hours; 
and all other Large Packagings intended to be stacked would be subject 
to the stacking test for five minutes. In this NPRM, we are proposing 
to make minor changes to Sec.  178.815 for clarity and to define 
passing criteria for the dynamic compression test. The proposed new 
Sec.  178.1015 is modeled after the proposed revision to Sec.  178.815.
    Section 178.1019. This section provides a vibration test for the 
qualification of all Large Packaging design types. Flexible Large 
Packagings would have to be capable of passing the vibrations test; all 
other Large Packaging design types would be subject to the vibration 
test.

III. Sunset Provision

    In an effort to maintain up-to-date regulations and minimize 
regulatory burdens, PHMSA is considering including ``sunset'' 
provisions in some or all of the amendments proposed in this NPRM. The 
inclusion of sunset provisions in new regulatory requirements would 
cause those requirements to expire 10 years after the publication date 
of the final rule, unless repealed or extended sooner by the agency. 
Such a ``sunset'' provision would require us to initiate a future 
rulemaking proceeding, and to take account of intervening developments 
and data, in order to retain the regulation beyond its sunset date. A 
future rulemaking could extend the sunset date, revise or rewrite the 
changes to the HMR proposed in this NPRM, or completely revise the HMR. 
If we choose to do nothing, after the sunset date, the subject 
regulation would revert back to the language and requirements in effect 
before the issuance of the final rule. We are inviting comments 
regarding the inclusion of a sunset provision for any or all of the 
requirements proposed in this NPRM. We ask that commenters address the 
safety, economic, and other policy considerations favoring or 
disfavoring sunsetting.

IV. Rulemaking Analysis and Notices

A. Statutory/Legal Authority for This Rulemaking

    This notice is published under authority of 49 U.S.C. 5103(b), 
which authorizes the Secretary of Transportation to prescribe 
regulations for the safe transportation, including security, of 
hazardous materials in intrastate, interstate, and foreign commerce. 
This notice adopts regulations to enhance the safe and secure 
transportation of hazardous materials by aircraft in intrastate, 
interstate, and foreign commerce. To this end, as discussed in detail 
earlier in this preamble, this notice revises miscellaneous HMR 
requirements applicable to hazardous materials packaging.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is not considered a significant regulatory 
action under section 3(f) of Executive Order 12866 and, therefore, was 
not subject to formal review by the Office of Management and Budget. 
This proposed rule is not considered significant under the Regulatory 
Policies and Procedures of the Department of Transportation (44 FR 
11034).
    The cost impacts of the changes proposed in this rulemaking are 
expected to be minimal. Many of the proposed amendments in this 
rulemaking are intended to clarify current regulatory requirements 
specific to the construction and use of non-bulk and bulk packagings 
and do not impose any additional costs on the regulated community. The 
most significant proposals in the NPRM relate to: (1) The manufacture, 
testing and use of a new packaging category called ``Large packagings'' 
(2) the information

[[Page 52024]]

required to be contained in a packaging test report prepared by the 
person certifying compliance with the HMR; (3) requiring shippers to 
maintain a copy of the manufacture notification already under current 
requirements provided to them by the packaging manufacture; and (4) 
providing guidance to packaging manufacturers on how to instruct 
shippers to effectively assemble and close packagings.
    A ``Large packaging'' is a type of packaging design authorized by 
the UN Recommendations but currently only authorized in the HMR through 
an approval. Adding the manufacture, testing and use requirements into 
the HMR provides additional flexibility and effectively removes the 
need to apply for an approval to manufacture and use these packagings 
in the United States. This proposal will lead to a reduction in cost to 
the regulated community. This NPRM includes proposals to require Large 
Packaging manufacturers to keep records for the qualification of each 
design type and for each design requalification. We expect this 
recordkeeping requirement will apply to fewer than 10 regulated 
entities. Thus, the overall impact of this requirement will be minimal 
and will be more than offset by the additional flexibility provided by 
eliminating the current approval provisions.
    Currently under the HMR, a person certifying that a packaging meets 
the construction and testing requirements for UN standard packaging 
must retain documentation relative to the: (1) Name and address of the 
packaging manufacture and testing facility; (2) material of 
construction; (3) capacity, dimensions, closures, and method of 
closures; and (4) test results. However, all of the record retention 
requirements associated with UN standard packaging certification are 
currently spread out throughout the HMR. This NPRM proposes to locate 
all of the record retention requirements associated with UN standard 
packaging certification into a clear and concise location in the HMR. 
This proposal should not result in any additional cost impacts on the 
regulated community.
    We propose to require shippers to maintain a copy of the 
manufacture's notification for one year. Current requirements specify 
that the packaging manufacturer must provide the notification. Our 
proposal to require the shipper to maintain a copy of a document 
already provided to it should result in minimal, if any, additional 
cost.
    We are also proposing to revise the HMR by providing guidance to 
packaging manufacturers on how to instruct shippers to effectively 
assemble and close packagings. Currently packaging manufacturers must 
provide closure instructions. There is still some confusion as to what 
closure methods are acceptable. We are proposing to revise the HMR to 
ensure that the manufacturer's closure instructions are consistent with 
the language in the test report and are written so the user is able to 
duplicate the closure method based on the instructions. The rewording 
of this requirement will not result in any additional cost to industry.
    This NPRM is designed to increase the clarity of the HMR, thereby 
enhancing voluntary compliance with existing regulatory requirements 
while reducing compliance costs. Enhanced voluntary compliance by the 
regulated community improves overall safety. In addition, we anticipate 
many proposals contained in this rule will have economic benefits. For 
example, the NPRM proposes to broaden the scope of several packaging 
exceptions, which manufacturers and shippers may use to reduce 
transportation costs. Moreover, the incorporation of Large Packaging 
specifications into the HMR will eliminate the need for shippers to 
obtain an approval from PHMSA in order to use Large Packagings, thus 
increasing flexibility and reducing transportation costs. Finally, 
incorporation of the Large Packaging specifications into the HMR and 
adoption of other provisions intended to align the HMR with 
international standards will promote better understanding of the 
regulations, increased industry compliance, and the smooth flow of 
hazardous materials in transportation.

C. Executive Order 13132

    This notice has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132 (``Federalism''). This 
notice preempts State, local, and Indian tribe requirements but does 
not propose any regulation with substantial direct effects on the 
States, the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of government. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.
    The Federal Hazardous Materials Transportation Law, 49 U.S.C. 5101-
5127, contains an express preemption provision (49 U.S.C. 5125(b)) 
preempting State, local, and Indian tribe requirements on the following 
subjects:
    (1) The designation, description, and classification of hazardous 
materials;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous materials and requirements related to the number, 
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or
    (5) The design, manufacture, fabrication, marking, maintenance, 
recondition, repair, or testing of a packaging or container 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous material.
    This proposed rule addresses subject areas 1, 2, 3, and 5 above. If 
adopted as final, this rule would preempt any state, local, or Indian 
tribe requirements concerning these subjects unless the non-Federal 
requirements are ``substantively the same'' as the Federal 
requirements.
    Federal hazardous materials transportation law provides at Sec. 
5125(b)(2) that, if DOT issues a regulation concerning any of the 
covered subjects, DOT must determine and publish in the Federal 
Register the effective date of Federal preemption. The effective date 
may not be earlier than the 90th day following the date of issuance of 
the final rule and not later than two years after the date of issuance. 
PHMSA proposes that the effective date of Federal preemption will be 90 
days from publication of a final rule in this matter in the Federal 
Register.

D. Executive Order 13175

    This notice has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this proposed 
rule does not have tribal implications and does not impose direct 
compliance costs, the funding and consultation requirements of 
Executive Order 13175 do not apply.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities. 
An agency must conduct a regulatory flexibility analysis unless it 
determines and certifies that a rule is not expected to have a 
significant impact on a substantial number of small entities. This 
proposed rule would amend miscellaneous packaging provisions in the HMR 
to clarify

[[Page 52025]]

provisions based on our own initiatives and also on petitions for 
rulemaking. While maintaining safety, it would relax certain 
requirements. Many of the proposed amendments in this rulemaking are 
intended to clarify current regulatory requirements specific to the 
construction and use of non-bulk and bulk packagings and do not impose 
any additional costs on small entities.
    This proposed rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure that potential impacts of 
draft rules on small entities are properly considered. The changes 
proposed in this Notice will enhance safety, and I certify that this 
proposal, if promulgated, would not have a significant economic impact 
on a substantial number of small entities.

F. Unfunded Mandates Reform Act of 1995

    This notice does not impose unfunded mandates under the Unfunded 
Mandates Reform Act of 1995. It will not result in costs of $120.7 
million or more, in the aggregate, to any of the following: State, 
local, or Native American tribal governments, or the private sector.

G. Paperwork Reduction Act

    PHMSA currently has approved information collections under OMB 
Control No. 2137-0018, ``Inspection and Testing of Portable Tanks and 
Intermediate Bulk Containers,'' expiring on July 31, 2007; OMB Control 
No. 2137-0557, ``Approvals for Hazardous Materials,'' expiring on March 
31, 2008; and OMB Control No. 2137-0572, ``Testing Requirements for 
Non-Bulk Packaging (Formerly: Testing Requirements for Packaging),'' 
expiring on July 31, 2007. We estimate an additional increase in burden 
as a result of this proposed rulemaking.
    Section 1320.8(d), Title 5, Code of Federal Regulations requires 
PHMSA to provide interested members of the public and affected agencies 
an opportunity to comment on information collection and recordkeeping 
requests. This notice identifies proposed new requirements regarding 
large packagings to the current information collections under OMB 
Control No. 2137-0018 and the incorporation of existing approvals into 
the HMR under OMB Control No. 2137-0557. Under OMB Control No. 2137-
0572, we anticipate an increase in burden resulting from new testing 
requirements for non-bulk packaging. PHMSA will submit revised 
information collections to the Office of Management and Budget (OMB) 
for approval based on the requirements in this proposed rule. We 
estimate that the additional information collection burden as proposed 
under this rulemaking is as follows:
    OMB Control No. 2137-0572, ``Testing Requirements for Non-Bulk 
Packaging (Formerly: Testing Requirements for Packaging).''
    Total Annual Number of Respondents: 5,000.
    Total Annual Responses: 15,000.
    Total Annual Burden Hours: 40,000.
    Total Annual Burden cost: $941,250.00.
    PHMSA specifically requests comments on the information collection 
and recordkeeping burden associated with developing, implementing, and 
maintaining these requirements for approval under this proposed rule.
    Address written comments to the Dockets Unit as identified in the 
ADDRESSES section of this rulemaking. We must receive your comments 
prior to the close of the comment period identified in the DATES 
section of this rulemaking. Under the Paperwork Reduction Act of 1995, 
no person is required to respond to an information collection unless it 
displays a valid OMB control number. If these proposed requirements are 
adopted in a final rule with any revisions, PHMSA will resubmit any 
revised information collection and recordkeeping requirements to the 
OMB for re-approval.
    Please direct your requests for a copy of this proposed revised 
information collection to Deborah Boothe or T. Glenn Foster, Office of 
Hazardous Materials Standards (PHH-11), Pipeline and Hazardous 
Materials Safety Administration (PHMSA), Room 8430, 400 Seventh Street, 
SW., Washington, DC 20590-0001, Telephone (202) 366-8553.

H. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document may be used to cross-reference this action with the 
Unified Agenda.

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended 
(42 U.S.C. 4321-4347), requires Federal agencies to consider the 
consequences of major federal actions and prepare a detailed statement 
on actions significantly affecting the quality of the human 
environment. There are no significant environmental impacts associated 
with this notice. We are proposing clarifications and changes to 
certain HMR requirements for the packaging standards for hazardous 
materials.

J. Privacy Act

    Anyone is able to search the electronic form for all comments 
received into any of our dockets by the name of the individual 
submitting the comments (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Incorporation by reference, Reporting and recordkeeping 
requirements.

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste, 
Labeling, Markings, Packaging and containers, Reporting and 
recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Packaging and containers, 
Radioactive materials, Reporting and recordkeeping requirements, 
Uranium.

49 CFR Part 174

    Hazardous materials transportation, Radioactive materials, Railroad 
safety.

49 CFR Part 178

    Hazardous materials transportation, Motor vehicle safety, Packaging 
and containers, Reporting and recordkeeping requirements.

    In consideration of the foregoing, we propose to amend 49 CFR 
Chapter I as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

    1. The authority citation for part 171 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45 and 1.53; 
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub L. 104-134 
section 31001.

    2. In Sec.  171.8:

[[Page 52026]]

    a. The definitions for ``Reconditioned packaging,'' 
``Remanufactured packaging,'' and ``Strong outer packaging'' are added.
    b. The definition for ``Strong outside container'' is removed.
    c. The definitions for ``Bulk packaging,'' ``Large packaging,'' and 
``Non-bulk packaging'' are revised.
    The additions and revisions read as follows:


Sec.  171.8  Definitions and abbreviations.

* * * * *
    Bulk packaging means:
    (1) Any specification cargo tank, tank car, or portable tank 
constructed and marked in accordance with part 178 of this subchapter;
    (2) Any Specification 3AX, 3AAX or 3T cylinder constructed, marked 
and certified in accordance with subpart C of part 178 of this 
subchapter.
    (3) Any Industrial Packaging, Type A, Type B, Intermediate Bulk 
Container, Large Packaging, or non-specification packaging that has a 
volumetric capacity of greater than 450 L (119 gallons).
* * * * *
    Large packaging means a packaging:
    (1) Consisting of an outer packaging which contains articles or 
inner packagings;
    (2) Designated for mechanical handling; and
    (3) Conforming to the requirements for the use, construction, 
testing, and marking of Large Packagings as specified in Sec. Sec.  
173.36, and subparts P & Q of part 178 of this subchapter, 
respectively.
* * * * *
    Non bulk packaging means:
    (1) Any packaging constructed, marked, tested and certified as 
meeting the standards specified in subparts L and M of Part 178 of this 
subchapter.
    (2) Except for Specifications 3AX, 3AAX and 3T, any Specification 
cylinder constructed, marked and certified in accordance with subpart C 
of part 178 of this subchapter.
    (3) Any Industrial Packaging, Type A, Type B, Intermediate Bulk 
Container, Large Packaging, or non-specification packaging that has a 
volumetric capacity of 450 liters (119 gallons) or less.
* * * * *
    Reconditioned packaging. See Sec.  173.28 of this subchapter.
* * * * *
    Remanufactured packagings. See Sec.  173.28 of this subchapter.
* * * * *
    Strong outer packaging means the outermost enclosure which provides 
protection against the unintentional release of its contents. It is a 
packaging, which is sturdy, durable, and constructed so that it will 
retain its contents under normal conditions of transportation, 
including rough handling. In addition, a strong outer packaging must 
meet the general packaging requirements of subpart B of part 173 of 
this subchapter but need not comply with the specification packaging 
requirements in part 178 of this subchapter. For transport by aircraft, 
a strong outer packaging is subject to Sec.  173.27 of this subchapter.
* * * * *
    3. In Sec.  171.12, paragraph (b)(13) is added to read as follows:


Sec.  171.12  Import and export shipments.

* * * * *
    (b) * * *
    (13) Non-bulk plastic outer packaging used as a single or composite 
packaging for materials meeting the definition of Division 6.1 (in 
Sec.  173.132 of this subchapter) must be marked in accordance with 
Sec.  172.313(b) of this subchapter.
* * * * *

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND 
TRAINING REQUIREMENTS

    4. The authority citation for part 172 continues to read as 
follows:

    Authority: 49 U.S.C. 5101'5127, 44701; 49 CFR 1.53.


Sec.  172.101  [Amended]

    5. Section 172.101, the Hazardous Materials Table is amended to 
read as follows:
    a. The entry ``Azodicarbonamide,'' Column (8B) the reference 
``212'' is removed and ``223'' is added in its place, and in Column 
(10B) ``12'' is removed and ``2'' is added in its place.
    b. The entry ``Isosorbide-5-mononitrate,'' Column (7) Special 
Provision 159 is added in the correct numeric order and Column (8B) the 
reference ``213'' is removed and ``223'' is added in its place.
    c. In Column (8c), for the following entries, the word ``None'' is 
revised to read ``62'':

------------------------------------------------------------------------
               Column (2) entry                     Column (4) entry
------------------------------------------------------------------------
Ammunition smoke, white phosphorus with        UN0245
 burster, expelling charge, or propelling
 charge.
Ammunition smoke, white phosphorus with        UN0246
 burster, expelling charge, or propelling
 charge.
Ammunition, illuminating with or without       UN0171
 burster, expelling charge or propelling
 charge.
Ammunition, illuminating with or without       UN0254
 burster, expelling charge or propelling
 charge.
Ammunition, illuminating with or without       UN0297
 burster, expelling charge or propelling
 charge.
Ammunition, incendiary with or without         UN0300
 burster, expelling charge or propelling
 charge.
Ammunition, incendiary with or without         UN0009
 burster, expelling charge, or propelling
 charge.
Ammunition, incendiary with or without         UN0010
 burster, expelling charge, or propelling
 charge.
Ammunition, incendiary, white phosphorus,      UN0243
 with burster, expelling charge or propelling
 charge.
Ammunition, incendiary, white phosphorus,      UN0244
 with burster, expelling charge or propelling
 charge.
Ammunition, practice.........................  UN0362
Amminition, practice.........................  UN0488
Ammunition, proof............................  UN0363
Ammunition, smoke with or without burster,     UN0015
 expelling charge or propelling charge.
Ammunition, smoke with or without burster,     UN0016
 expelling charge or propelling charge.
Ammunition, smoke with or without burster,     UN0303
 expelling charge or propelling charge.
Ammunition, tear-producing with burster,       UN0018
 expelling charge or propelling charge.
Ammunition, tear-producing with burster,       UN0019
 expelling charge or propelling charge.
Ammunition, tear-producing with burster,       UN0301
 expelling charge or propelling charge.
Bombs, photo-flash...........................  UN0038
Bombs, photo-flash...........................  UN0039
Bombs, photo-flash...........................  UN0299
Bombs, with bursting charge..................  UN0034
Bombs, with bursting charge..................  UN0035
Cartridges for weapons, inert projectile.....  UN0328
Cartridges for weapons, with bursting charge.  UN0006

[[Page 52027]]

 
Cartridges for weapons, with bursting charge.  UN0321
Cartridges for weapons, with bursting charge.  UN0412
Cartridges, oil well.........................  UN0277
Cartridges, oil well.........................  UN0278
Cartridges, power device.....................  UN0275
Cartridges, power device.....................  UN0276
Cartridges, power device.....................  UN0323
Cartridges, power device.....................  UN0381
Charges, demolition..........................  UN0048
Charges, depth...............................  UN0056
Cutters, cable, explosive....................  UN0070
Fracturing devices, explosive, without         UN0099
 detonators for oil wells.
Mines with bursting charge...................  UN0137
Mines with bursting charge...................  UN0138
Projectiles, inert with tracer...............  UN0345
Projectiles, inert, with tracer..............  UN0424
Projectiles, inert, with tracer..............  UN0425
Projectiles, with burster or expelling charge  UN0346
Projectiles, with burster or expelling charge  UN0347
Projectiles, with burster or expelling charge  UN0434
Projectiles, with burster or expelling charge  UN0435
Projectiles, with bursting charge............  UN0168
Projectiles, with bursting charge............  UN0169
Projectiles, with bursting charge............  UN0344
Release devices, explosive...................  UN0173
Rivets, explosive............................  UN0174
Rocket motors................................  UN0186
Rocket motors................................  UN0280
Rocket motors................................  UN0281
Rockets, with bursting charge................  UN0181
Rockets, with bursting charge................  UN0182
Rockets, with expelling charge...............  UN0436
Rockets, with expelling charge...............  UN0437
Rockets, with expelling charge...............  UN0438
Rockets, with inert head.....................  UN0183
Rockets, with inert head.....................  UN0502
Sounding devices, explosive..................  UN0204
Sounding devices, explosive..................  UN0296
Sounding devices, explosive..................  UN0374
Sounding devices, explosive..................  UN0375
Torpedoes with bursting charge...............  UN0329
Torpedoes with bursting charge...............  UN0451
Warheads, rocket with burster or expelling     UN0370
 charge.
Warheads, rocket with bursting charge........  UN0286
Warheads, rocket with bursting charge........  UN0287
Warheads, torpedo with bursting charge.......  UN0221
------------------------------------------------------------------------

Sec.  172.102  [Amended]

    6. In Sec.  172.102:
    a. In paragraph (c)(1), a new Special provision 41 is added in 
appropriate numerical order.
    b. Paragraph (c)(4) is revised.
    c. Table 1 is amended by revising the entries for IB3 and IB8.
    d. The column headings for the first and second columns and the 
table heading are revised in Table 1.
    e. The first column heading in Table 2 is revised to read ``IP 
Code.''
    f. The second column heading in Table 2 is removed.
    g. A new Table 3 is added.
    The additions and revisions read as follows:


Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *
    Code/Special Provisions
* * * * *
    41 The following Packing Group II materials may be transported in 
Large Packagings: Regulated medical waste (UN3291) and Methacrylic 
acid, stabilized (UN2531).
* * * * *
    (4) IB Codes and IP Codes. These provisions apply only to 
transportation in IBCs and Large Packagings. Table 1 authorizes IBCs 
through the use of IB Codes assigned in the Sec.  172.101 table of this 
subchapter for specific proper shipping names. Table 2 defines IP Codes 
assigned in the Sec.  172.101 Table of this subchapter for specific 
commodities on the use of IBCs. Table 3 authorizes Large Packagings 
through the use of IB Codes assigned in the Sec.  172.101 table of this 
subchapter for specific proper shipping names. Large packagings are 
authorized when special provisions IB3 or IB8 are assigned in the Sec.  
172.101 Table for a specific proper shipping name under the Packing 
Group III entry. When no IB code is assigned in the Sec.  172.101 Table 
for a specific proper shipping name, or in Sec.  173.225(e) for Type F 
organic peroxides, an IBC or Large Packaging may be authorized when 
approved by the Associate Administrator. The letter ``Z'' shown in the 
marking code for composite IBCs must be replaced with a capital code 
letter designation found in Sec.  178.702(a)(2) of this subchapter to 
specify the material used for the other packaging. Tables 1, 2, and 3 
follow:

[[Page 52028]]



                 Table 1.--IB Codes (IBC Authorizations)
------------------------------------------------------------------------
           IB code                          Authorized IBCs
------------------------------------------------------------------------
 
                              * * * * * * *
IB3..........................  Authorized IBCs: Metal (31A, 31B and
                                31N); Rigid plastics (31H1 and 31H2);
                                Composite (31HZ1 and 31HA2, 31HB2,
                                31HN2, 31HD2 and 31HH2). Additional
                                Requirement: Only liquids with a vapor
                                pressure less than or equal to 110 kPa
                                at 50 [deg]C (1.1 bar at 122 [deg]F), or
                                130 kPa at 55 [deg]C (1.3 bar at 131
                                [deg]F) are authorized, except for
                                UN2672 (also see Special Provision IP8
                                in Table 3 for UN2672). For authorized
                                Large Packagings, see Table 3.
 
                              * * * * * * *
IB8..........................  Authorized IBCs: Metal (11A, 11B, 11N,
                                21A, 21B, 21N, 31A, 31B and 31N); Rigid
                                plastics (11H1, 11H2, 21H1, 21H2, 31H1
                                and 31H2); Composite (11HZ1, 11HZ2,
                                21HZ1, 21HZ2, 31HZ1 and 31HZ2);
                                Fiberboard (11G); Wooden (11C, 11D and
                                11F); Flexible (13H1, 13H2, 13H3, 13H4,
                                13H5, 13L1, 13L2, 13L3, 13L4, 13M1 or
                                13M2). For authorized Large Packagings,
                                see Table 3.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

           Table 3.--IB Codes (Large Packaging Authorizations)
------------------------------------------------------------------------
                IB3                      Authorized Large Packagings
-----------------------------------      (LIQUIDS) (PG III materials
                                                  only).\2\
         Inner packagings          -------------------------------------
                                           Large outer packagings.
------------------------------------------------------------------------
Glass--10 liter...................  Steel (50A).
Plastics--30 liter................  Aluminum (50B).
Metal--40 liter...................  Metal other than steel or aluminum
                                     (50N)
                                    Rigid plastics (50H)
                                    Natural Wood (50C)
                                    Plywood (50D)
                                    Reconstituted wood (50F).
                                    Rigid fiberboard (50G)
------------------------------------------------------------------------
                IB8                 Authorized Large Packagings (SOLIDS)
                                         (PG III materials only).\2\
------------------------------------------------------------------------
         Inner packagings                  Large outer packagings.
------------------------------------------------------------------------
Glass--10 kg......................  Steel (50A).
Plastics--50 kg...................  Aluminum (50B).
Metal--50 kg......................  Metal other than steel or aluminum
                                     (50N).
Paper--50 kg......................  Flexible plastics (51H).\1\
Fiber--50 kg......................  Rigid plastics (50H).
                                    Natural wood (50C).
                                    Plywood (50D).
                                    Reconstituted wood (50F).
                                    Rigid fiberboard (50G).
------------------------------------------------------------------------
\1\ Flexible plastic (51H) Large Packagings are only authorized for use
  with flexible inner packagings.
\2\ Except when authorized under Special Provision 41.

* * * * *
    7. In Sec.  172.514, paragraphs (c)(3) and (c)(4) are revised and a 
new paragraph (c)(5) is added to read as follows:


Sec.  172.514  Bulk Packagings.

* * * * *
    (c) * * *
    (3) A bulk packaging other than a portable tank, cargo tank, or 
tank car (e.g., a bulk bag or box) with a volumetric capacity of less 
than 18 cubic meters (640 cubic feet);
    (4) An IBC; and
    (5) A Large Packaging as defined in Sec.  171.8 of this subchapter.

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
PACKAGINGS

    8. The authority citation for part 173 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.

    9. In Sec.  173.22, in paragraph (a)(4), two new sentences are 
added to the end of the paragraph to read as follows:


Sec.  173.22  Shipper's responsibility.

    (a) * * *
    (4) * * * A person must maintain a copy of the manufacturer's 
notification, including closure instructions (see Sec.  178.2(c)), and, 
if applicable, any supporting documentation for an equivalent level of 
performance under the selective testing variations in Sec.  178.601. A 
copy of the notification must be made available for inspection by a 
representative of the Department upon request for 375 days after 
offering the package for transportation.
* * * * *
    10. In Sec.  173.24b, paragraph (e) is redesignated as paragraph 
(f) and a new paragraph (e) is added to read as follows:


Sec.  173.24b  Additional general requirements for bulk packagings.

* * * * *
    (e) Stacking of bulk packages:
    (1) Bulk packagings not designed and tested to be stacked. No 
packages or

[[Page 52029]]

freight (hazardous or otherwise) may be stacked upon a bulk packaging 
that was not designed and tested to be stacked upon.
    (2) Bulk packagings designed and tested to be stacked. The 
superimposed weight placed upon a bulk package designed to be stacked 
may not exceed the maximum permissible stacking test mass marked on the 
packaging.
* * * * *
    11. In Sec.  173.28, in paragraph (a), a third sentence is added 
and, in paragraph (f), a third sentence is added to read as follows:


Sec.  173.28  Reuse, reconditioning, and remanufacture of packagings.

    (a) * * * Packagings not meeting the minimum thickness requirements 
prescribed in paragraph (b)(4)(i) of this section may not be 
reconditioned or remanufactured.
* * * * *
    (f) * * * Drums or jerricans not meeting the minimum thickness 
requirements prescribed in paragraph (b)(4)(i) of this section may not 
be reconditioned or remanufactured.
    12. In Sec.  173.35, paragraph (h)(2) is revised to read as 
follows:


Sec.  173.35  Hazardous materials in IBCs.

* * * * *
    (h) * * *
    (2) Liquids having a vapor pressure greater than 110 kPa (16 psig) 
at 50 [deg]C (122 [deg]F) or 130 kPa (18.9 psig) at 55 [deg]C (131 
[deg]F) may not be transported in metal IBCs.
* * * * *
    13. In part 173, a new Sec.  173.36 is added to read as follows:


Sec.  173.36  Hazardous materials in Large Packagings.

    (a) No person may offer or accept a hazardous material for 
transportation in a Large Packaging except as authorized by this 
subchapter. Except as otherwise provided for in this subchapter, no 
Large Packaging may be filled with a Packing Group I or II material. 
Each Large Packaging used for the transportation of hazardous materials 
must conform to the requirements of its specification and regulations 
for the transportation of the particular commodity.
    (b) Packaging design--(1) Inner packaging closures. A Large 
Packaging containing liquid hazardous materials must be packed so that 
closures on inner packagings are upright.
    (2) Flexible (e.g., 51H) Large Packages are only authorized for use 
with flexible inner packagings.
    (3) Friction. The nature and thickness of the outer packaging must 
be such that friction during transportation is not likely to generate 
an amount of heat sufficient to dangerously alter the chemical 
stability of the contents.
    (4) Securing and cushioning. Inner packagings of Large Packagings 
must be packed, secured and cushioned to prevent their breakage or 
leakage and to control their shifting within the outer packaging under 
conditions normally incident to transportation. Cushioning material 
must not be capable of reacting dangerously with the contents of the 
inner packagings or having its protective properties significantly 
weakened in the event of leakage.
    (5) Metallic devices. Nails, staples and other metallic devices 
must not protrude into the interior of the outer packaging in such a 
manner as to be likely to damage inner packagings or receptacles.
    (c) Initial use and reuse of Large Packagings. A Large Packaging 
may be reused. If an inner packaging is constructed of paper or 
flexible plastic, the inner packaging must be replaced before each 
reuse. Before a Large Packaging is filled and offered for 
transportation, the Large Packaging must be given an external visual 
inspection, by the person filling the Large Packaging, to ensure:
    (1) The Large Packaging is free from corrosion, contamination, 
cracks, cuts, or other damage which would render it unable to pass the 
prescribed design type test to which it is certified and marked; and
    (2) The Large Packaging is marked in accordance with requirements 
in Sec.  178.903 of this subchapter. Additional marking allowed for 
each design type may be present. Required markings that are missing, 
damaged or difficult to read must be restored or returned to original 
condition.
    (d) During transportation--
    (1) No hazardous material may remain on the outside of the Large 
Packaging; and
    (2) Each Large Packaging must be securely fastened to or contained 
within the transport unit.
    (e) Each Large Packaging used for transportation of solids which 
may become liquid at temperatures likely to be encountered during 
transportation may not be transported in paper or fiber inner 
packagings. The inner packagings must be capable of containing the 
substance in the liquid state.
    (f) Liquid hazardous materials may only be offered for 
transportation in inner packagings appropriately resistant to an 
increase of internal pressure likely to develop during transportation.
    (g) Large Packaging used to transport hazardous materials may not 
exceed 3 cubic meters (106 cubic feet) capacity.
    (h) Mixed contents. (1) An outer Large Packaging may contain more 
than one hazardous material only when--
    (i) The inner and outer packagings used for each hazardous material 
conform to the relevant packaging sections of this part applicable to 
that hazardous material;
    (ii) The package as prepared for shipment meets the performance 
tests prescribed in part 178 of this subchapter for the hazardous 
materials contained in the package;
    (iii) Corrosive materials (except ORM-D) in bottles are further 
packed in securely closed inner receptacles before packing in outer 
packagings; and
    (iv) For transportation by aircraft, the total net quantity does 
not exceed the lowest permitted maximum net quantity per package as 
shown in Column 9a or 9b, as appropriate, of the Sec.  172.101 table. 
The permitted maximum net quantity must be calculated in kilograms if a 
package contains both a liquid and a solid.
    (2) A packaging containing inner packagings of Division 6.2 
materials may not contain other hazardous materials, except dry ice.
    (i) When a Large Packaging is used for the transportation of 
liquids with a flash point of 60.5 [deg]C (141 [deg]F) (closed cup) or 
lower, or powders with the potential for dust explosion, measures must 
be taken during product loading and unloading to prevent a dangerous 
electrostatic discharge.
    14. In Sec.  173.62, paragraph (c) Packing Instruction 130 is 
revised to read as follows:


Sec.  173.62  Specific packaging requirements for explosives.

* * * * *
    (c) * * *
* * * * *

[[Page 52030]]



                                            Table of Packing Methods
----------------------------------------------------------------------------------------------------------------
                                                                  Intermediate
       Packaging instruction            Inner  packagings          packagings              Outer packaging
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
130................................  Not Necessary.........  Not Necessary.........  Boxes.
Particular Packaging Requirements:                                                   Steel (4A).
    The following applies to UN                                                      Wood natural, ordinary
     0006, 0009, 0010, 0015, 0016,                                                    (4C1).
     0018, 0019, 0034, 0035, 0038,                                                   Plywood (4D).
     0039, 0048, 0056, 0137, 0138,                                                   Reconstituted wood (4F).
     0168, 0169, 0171, 0181, 0182,                                                   Fiberboard (4G).
     0183, 0186, 0221, 0238, 0243,                                                   Plastics, expanded (4H1).
     0244, 0245, 0246, 0254, 0280,                                                   Plastic, solid (4H2).
     0281, 0286, 0287, 0297, 0299,                                                   Drums.
     0300, 0301, 0303, 0321, 0328,                                                   Steel, removable head
     0329, 0344, 0345, 0346, 0347,                                                    (1A2).
     0362, 0363, 0370, 0412, 0424,                                                   Aluminum, removable head
     0425, 0434, 0435, 0436, 0437,                                                    (1B2).
     0438, 0451, 0459 and 0488.                                                      Plywood (1D).
     Large and robust explosives                                                     Fiber (1G).
     articles, normally intended                                                     Plastics, removable head
     for military use, without                                                        (1H2).
     their means of initiation or                                                    Large Packagings.
     with their means of initiation                                                  Steel (50A).
     containing at least two                                                         Aluminum (50B).
     effective protective features,                                                  Metal other than steel or
     may be carried unpackaged.                                                       aluminum (50N).
     When such articles have                                                         Rigid plastics (50H).
     propelling charges or are self-                                                 Natural wood (50C).
     propelled, their ignition                                                       Plywood (50D).
     systems must be protected                                                       Reconstituted wood (50F).
     against stimuli encountered                                                     Rigid fiberboard (50G).
     during normal conditions of
     transport. A negative result
     in Test Series 4 on an
     unpackaged article indicates
     that the article can be
     considered for transport
     unpackaged. Such unpackaged
     articles may be fixed to
     cradles or contained in crates
     or other suitable handling
     devices.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    15. In Sec.  173.223, the section title is changed to ``Packagings 
for certain flammable solids'' and the introductory text to paragraph 
(a) is revised as follows:


Sec.  173.223  Packagings for certain flammable solids.

    (a) Packagings for ``Musk xylene,'' ``5-tert-Butyl-2,4,6-trinitro-
m-xylene,'' ``Azodicarbonamide,'' or ``Isosorbide-5-mononitrate,'' when 
offered for transportation or transported by rail, highway, or vessel, 
must conform to the general packaging requirements of subpart B of part 
173, and to the requirements of part 178 of this subchapter at the 
Packing Group III performance level and may only be transported in the 
following packagings:
* * * * *
    16. In Sec.  173.240, paragraph (e) is added as follows:


Sec.  173.240  Bulk packagings for certain low hazard solid materials.

* * * * *
    (e) Large Packagings. Large Packagings are authorized subject to 
the conditions and limitations of this section provided the Large 
Packaging type is authorized according to the IBC packaging code 
specified for the specific hazardous material in Column (7) of the 
Sec.  172.101 Table of this subchapter and the Large Packaging conforms 
to the requirements in subpart Q of part 178 of this subchapter at the 
Packing Group performance level as specified in Column (5) of the Sec.  
172.101 Table for the material being transported.
    (1) Except as specifically authorized in this subchapter, Large 
Packagings may not be used for Packing Group I or II hazardous 
materials.
    (2) Large Packagings with paper or fiberboard inner receptacles may 
not be used for solids that may become liquid in transportation.
    17. In Sec.  173.241, paragraph (e) is added as follows:


Sec.  173.241  Bulk packagings for certain low hazard liquid and solid 
materials.

* * * * *
    (e) Large Packagings. Large Packagings are authorized subject to 
the conditions and limitations of this section provided the Large 
Packaging type is authorized according to the IBC packaging code 
specified for the specific hazardous material in Column (7) of the 
Sec.  172.101 Table of this subchapter and the Large Packaging conforms 
to the requirements in subpart Q of part 178 of this subchapter at the 
Packing Group performance level as specified in Column (5) of the Sec.  
172.101 Table for the material being transported.
    (1) Except as specifically authorized in this subchapter, Large 
Packagings may not be used for Packing Group I or II hazardous 
materials.
    (2) Large Packagings with paper or fiberboard inner receptacles may 
not be used for solids that may become liquid in transportation.
    18. In Sec.  173.242, paragraph (e) is added as follows:


Sec.  173.242  Bulk packagings for certain medium hazard liquids and 
solids, including solids with dual hazards.

* * * * *
    (e) Large Packagings. Large Packagings are authorized subject to 
the conditions and limitations of this section provided the Large 
Packaging type is authorized according to the IBC packaging code 
specified for the specific hazardous material in Column (7) of the 
Sec.  172.101 Table of this subchapter and the Large Packaging conforms 
to the

[[Page 52031]]

requirements in subpart Q of part 178 of this subchapter at the Packing 
Group performance level as specified in Column (5) of the Sec.  172.101 
Table for the material being transported.
    (1) Except as specifically authorized in this subchapter, Large 
Packagings may not be used for Packing Group I or II hazardous 
materials.
    (2) Large Packagings with paper or fiberboard inner receptacles may 
not be used for solids that may become liquid in transportation.
    9. In Sec.  173.249, paragraph (b) is revised to read as follows:


Sec.  173.249  Bromine.

* * * * *
    (b) Specification MC 310, MC 311, MC 312 or DOT 412 cargo tank 
motor vehicles conforming with paragraphs (d) through (f) of this 
section. Except when transported as a residue, the total quantity in 
one tank may not be less than 88 percent nor more than 96 percent of 
the volume of the tank. Cargo tanks in bromine service built prior to 
August 31, 1991 may continue in service under the requirements 
contained in Sec.  173.252(a)(4) of this part in effect on September 
30, 1991.
* * * * *


Sec.  173.338  [Amended]

    20. In Sec.  173.338, the second sentence, the wording ``strong 
outside container'' is removed and the wording ``strong outer 
packaging'' is added in its place.

PART 174--CARRIAGE BY RAIL

    21. The authority citation for part 174 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    22. In Sec.  174.63, the section heading is revised and paragraph 
(a) is revised as follows:


Sec.  174.63  Portable tanks, IM portable tanks, IBCs, Large 
Packagings, cargo tanks, and multi-unit tank car tanks.

    (a) A carrier may not transport a bulk packaging (e.g., portable 
tank, IM portable tank, IBC, Large Packaging, cargo tank, or multi-unit 
tank car tank) containing a hazardous material in container-on-flatcar 
(COFC) or trailer-on-flatcar (TOFC) service except as authorized by 
this section or unless approved for transportation by the Associate 
Administrator for Safety, FRA.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

    23. The authority citation for part 178 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    24. In Sec.  178.2, paragraph (c)(1)(ii) is revised as follows:


Sec.  178.2  Applicability and responsibility.

* * * * *
    (c) * * *
    (1) * * *
    (ii) With information specifying the type(s) and dimensions of the 
closures, including gaskets and any other components needed to ensure 
the packaging is capable of successfully passing the applicable 
performance tests. This information must include any procedures to be 
followed, including closure instructions for inner packagings and 
receptacles, to effectively assemble and close the packaging for the 
purpose of preventing leakage in transportation. Closure instructions 
must provide for a consistent and repeatable means of closure that is 
sufficient to ensure the packaging is closed in the same manner as it 
was tested. For packagings sold or represented as being in conformance 
with the requirements of this subchapter applicable to transportation 
by aircraft, this information must include relevant guidance to ensure 
that the packaging, as prepared for transportation, will withstand the 
pressure differential requirements in Sec.  173.27 of this subchapter.
* * * * *
    25. In Sec.  178.3, paragraph (a)(5) is revised to read as follows:


Sec.  178.3  Marking of packagings.

    (a) * * *
    (5) For packages with a gross mass of more than 30 kg (66 pounds), 
the markings or a duplicate thereof must appear on the top or on a side 
of the packaging. Metal drums having a capacity greater than 100 L must 
be marked on the bottom in accordance with Sec.  178.503(a)(10). For 
metal drums the side or top marking may identify a lesser performance 
standard than the permanent marking on the bottom of the drum.
* * * * *
    26. In Sec.  178.503, paragraphs (a)(1) and (a)(10) are revised, 
paragraph (e)(1) is redesignated as (e)(1)(i), and a new paragraph 
(e)(1)(ii) is added as follows:


Sec.  178.503  Marking of packagings.

    (a) * * *
    (1) Except as provided in paragraph (e)(1)(ii) of this section, the 
United Nations symbol as illustrated in paragraph (e)(1)(i) of this 
section (for embossed metal receptacles, the letters ``UN'') may be 
applied in place of the symbol;
* * * * *
    (10) In addition to the markings prescribed in paragraphs (a)(1) 
through (a)(9) of this section, every new metal drum having a capacity 
greater than 100 L must bear the marks described in paragraphs (a)(1) 
through (a)(6), and (a)(9)(i) of this section, in a permanent form, on 
the bottom. The markings on the top head or side of these packagings 
required under Sec.  178.3(a)(5) of this part need not be permanent, 
and need not include the thickness mark described in paragraph (a)(9) 
of this section. This marking indicates a drum's characteristics at the 
time it was manufactured. The information in paragraphs (a)(1) through 
(a)(6) of this section marked on the top head or side may not identify 
a greater performance capability than the information in paragraphs 
(a)(1) through (a)(6) of this section permanently marked by the 
original manufacturer on the bottom of the drum; and
* * * * *
    (e) * * *
    (1) * * *
    (ii) The circle that surrounds the letters ``u'' and ``n'' may have 
small breaks provided the following provisions are met:
    (A) The total gap space does not exceed 10 percent of the 
circumference of the circle;
    (B) There are no more than three gaps in the circle;
    (C) The spacing between gaps is separated by no less than 20 
percent of the circumference of the circle (72 degrees); and
    (D) The letters ``u'' and ``n'' appear exactly as depicted in Sec.  
178.3(e)(1)(i) with no gaps.
* * * * *
    27. In Sec.  178.512, paragraph (b)(5) is added as follows:


Sec.  178.512  Standards for steel or aluminum boxes.

* * * * *
    (b) * * *
    (5) Maximum volumetric capacity of: 450 L (119 gallons).
    28. In Sec.  178.513, paragraph (b)(5) is added as follows:


Sec.  178.513  Standards for boxes of natural wood.

* * * * *
    (b) * * *
    (5) Maximum volumetric capacity of: 450 L (119 gallons).
    29. In Sec.  178.514, paragraph (b)(3) is added as follows:


Sec.  178.514  Standards for plywood boxes.

* * * * *

[[Page 52032]]

    (b) * * *
    (3) Maximum volumetric capacity of: 450 L (119 gallons).
    30. In Sec.  178.515, paragraph (b)(5) is added as follows:


Sec.  178.515  Standards for reconstituted wood boxes.

* * * * *
    (b) * * *
    (5) Maximum volumetric capacity of: 450 L (119 gallons).
    31. In Sec.  178.516, paragraph (b)(7) is added as follows:


Sec.  178.516  Standards for fiberboard boxes.

* * * * *
    (b) * * *
    (7) Maximum volumetric capacity of: 450 L (119 gallons).
    32. In Sec.  178.517, paragraph (b)(8) is added as follows:


Sec.  178.517  Standards for plastic boxes.

* * * * *
    (b) * * *
    (8) Maximum volumetric capacity of: 450 L (119 gallons).
    33. In Sec.  178.518, paragraph (b)(6) is added as follows:


Sec.  178.518  Standards for woven plastic bags.

* * * * *
    (b) * * *
    (6) Maximum volumetric capacity of: 450 L (119 gallons).
    34. In Sec.  178.519, paragraph (b)(3) is added as follows:


Sec.  178.519  Standards for plastic film bags.

* * * * *
    (b) * * *
    (3) Maximum volumetric capacity of: 450 L (119 gallons).
    35. In Sec.  178.520, paragraph (b)(5) is added as follows:


Sec.  178.520  Standards for textile bags.

* * * * *
    (b) * * *
    (5) Maximum volumetric capacity of: 450 L (119 gallons).
    36. In Sec.  178.521, paragraph (b)(4) is added as follows:


Sec.  178.521  Standards for paper bags.

* * * * *
    (b) * * *
    (4) Maximum volumetric capacity of: 450 L (119 gallons).
    37. In Sec.  178.601, the introductory text of paragraph (g)(1), 
paragraphs (g)(8) and (k) are revised, to read as follows:


Sec.  178.601  General requirements.

* * * * *
    (g) * * *
    (1) Selective testing of combination packagings. Variation 1. 
Variations are permitted in inner packagings of a tested combination 
package, without further testing of the package, provided an equivalent 
level of performance is maintained and the methodology used to 
determine that the inner packaging, including closure, maintains an 
equivalent level of performance is documented in writing by the person 
certifying compliance with this paragraph and retained in accordance 
with paragraph (l) of this section. Permitted variations are as 
follows:
* * * * *
    (8) For a steel drum with a capacity greater than 12 L (3 gallons) 
manufactured from low carbon, cold-rolled sheet steel meeting ASTM 
designations A 366/A 366M or A 568/A 568M, variations in elements other 
than the following design elements are considered minor and do not 
constitute a different drum design type, or ``different packaging'' as 
defined in paragraph (c) of this section for which design qualification 
testing and periodic retesting are required. Minor variations 
authorized without further testing include changes in the identity of 
the supplier of component material made to the same specifications, or 
the original manufacturer of a DOT specification or UN standard drum to 
be remanufactured. A change in any one or more of the following design 
elements constitutes a different drum design type:
    (i) The packaging type and category of the original drum and the 
remanufactured drum, i.e., 1A1 or 1A2;
    (ii) The style, (i.e., straight-sided or tapered);
    (iii) Except as provided in paragraph (g)(3) of this section, the 
rated (marked) capacity and outside dimensions;
    (iv) The physical state for which the packaging was originally 
approved (e.g., tested for solids or liquids);
    (v) An increase in the marked level of performance of the original 
drum (i.e., to a higher packing group, hydrostatic test pressure, or 
specific gravity to which the packaging has been tested);
    (vi) Type of side seam welding;
    (vii) Type of steel;
    (viii) An increase greater than 10% or any decrease in the steel 
thickness of the head, body, or bottom;
    (ix) End seam type, (e.g., triple or double seam);
    (x) A reduction in the number of rolling hoops (beads) which equal 
or exceed the diameter over the chimes;
    (xi) The location, type or size, and material of closures (other 
than the cover of UN 1A2 drums);
    (xii) The location (e.g., from the head to the body), type (e.g., 
mechanically seamed or welded flange), and materials of closure (other 
than the cover of UN 1A2 drums); and
    (xiii) For UN 1A2 drums:
    (A) Gasket material (e.g., plastic), or properties affecting the 
performance of the gasket;
    (B) Configuration or dimensions of the gasket;
    (C) Closure ring style including bolt size, (e.g., square or round 
back, 0.625<gr-thn-eq> bolt); and
    (D) Closure ring thickness.
    (E) Width of lugs or extensions in crimp/lug cover.
* * * * *
    (k) Number of test samples. Except as provided in this section, one 
test sample must be used for each test performed under this subpart.
    (l) Stainless steel drums. Provided the validity of the test 
results is not affected, a person may perform the design qualification 
testing of stainless steel drums using three (3) samples rather than 
the specified eighteen (18) samples under the following provisions:
    (i) The packaging must be tested in accordance with this subpart by 
subjecting each of the three containers to the following sequence of 
tests:
    (A) The stacking test in Sec.  178.606,
    (B) The leakproofness test in Sec.  178.604,
    (C) The hydrostatic pressure test in Sec.  178.608, and
    (D) Diagonal top chime and flat on the side drop tests in Sec.  
178.603. Both drop tests may be conducted on the same sample.
    (ii) For periodic retesting of stainless steel drums, a reduced 
sample size of one container is authorized.
    (2) Packagings other than stainless steel drums. Provided the 
validity of the test results is not affected, several tests may be 
performed on one sample with the approval of the Associate 
Administrator.
* * * * *
    38. In 178.700, paragraph (c)(1) is revised as follows:


Sec.  178.700  Purpose, scope and definitions.

* * * * *
    (c) * * *
    (1) Body means the receptacle proper (including openings and their 
closures, but not including service equipment) that has a volumetric 
capacity of not more than 3 cubic meters (3,000 L, 793 gallons, or 106 
cubic feet).
* * * * *
    39. In Sec.  178.703 paragraph (a)(1)(i) is revised as follows:


Sec.  178.703  Marking of IBCs.

    (a) * * *
    (1) * * *

[[Page 52033]]

    (i) Except as provided in Sec.  178.503(e)(1)(ii), the United 
Nations symbol as illustrated in Sec.  178.503(e)(1)(i). For metal IBCs 
on which the marking is stamped or embossed, the capital letters ``UN'' 
may be applied instead of the symbol.
* * * * *
    40. In 178.705, paragraph (d) is added to read as follows:


Sec.  178.705  Standards for metal IBCs.

* * * * *
    (d) Metal IBCs may not have a volumetric capacity greater than 
3,000 L (793 gallons) and not less than 450 L (119 gallons).
    41. In 178.706, paragraph (d) is added to read as follows:


Sec.  178.706  Standards for rigid plastic IBCs.

* * * * *
    (d) Rigid plastic IBCs may not have a volumetric capacity greater 
than 3,000 L (793 gallons) and not less than 450 L (119 gallons).
    42. In 178.707, paragraph (d) is added to read as follows:


Sec.  178.707  Standards for composite IBCs.

* * * * *
    (d) Composite IBCs may not have a volumetric capacity greater than 
3,000 L (793 gallons) and not less than 450 L (119 gallons).
    43. In 178.708, paragraph (d) is added to read as follows:


Sec.  178.708  Standards for fiberboard IBCs.

* * * * *
    (d) Fiberboard IBCs may not have a volumetric capacity greater than 
3,000 L (793 gallons) and not less than 450 L (119 gallons).
    44. In 178.709, paragraph (d) is added to read as follows:


Sec.  178.709  Standards for wooden IBCs.

* * * * *
    (d) Wooden IBCs may not have a volumetric capacity greater than 
3,000 L (793 gallons) and not less than 450 L (119 gallons).
    45. In 178.710, paragraph (d) is added to read as follows:


Sec.  178.710  Standards for flexible IBCs.

* * * * *
    (d) Flexible IBCs;
    (1) May not have a volumetric capacity greater than 3,000 L (793 
gallons) and not less than 56 L (15 gallons); and
    (2) Must be designed and tested to a capacity of no less than 50 kg 
(110 pounds).
    46. Section 178.801 paragraph (i) is revised to read as follows:


Sec.  178.801  General requirements.

* * * * *
    (i) Approval of equivalent packagings. An IBC differing from the 
standards in subpart N of this part, or tested using methods other than 
those specified in this subpart, may be used if approved by the 
Associate Administrator. Such IBCs must be shown to be equally 
effective, and testing methods used must be equivalent.
* * * * *
    47. In 178.810, paragraph (c) is revised as follows:


Sec.  178.810  Drop test.

* * * * *
    (c) Test method. (1) Samples of all IBC design types must be 
dropped onto a rigid, non-resilient, smooth, flat and horizontal 
surface. The point of impact must be the most vulnerable part of the 
base of the IBC being tested. Following the drop, the IBC must be 
restored to the upright position for observation.
    (2) IBC design types with a capacity of 0.45 cubic meters (15.9 
cubic feet) or less must be subject to an addition drop test.
* * * * *
    48. Sec.  178.815 is revised to read as follows:


Sec.  178.815  Stacking test.

    (a) General. The stacking test must be conducted for the 
qualification of all IBC design types intended to be stacked.
    (b) Special preparation for the stacking test. (1) All IBCs except 
flexible IBC design types must be loaded to their maximum permissible 
gross mass.
    (2) The flexible IBC must be filled to not less than 95 percent of 
its capacity and to its maximum net mass, with the load being evenly 
distributed.
    (c) Test method--(1) Design Qualification Testing. All IBCs must be 
placed on their base on level, hard ground and subjected to a uniformly 
distributed superimposed test load for a period of at least five 
minutes (see paragraph (c)(5) of this section).
    (2) Fiberboard, wooden and composite IBCs with outer packagings 
constructed of other than plastic materials must be subject to the test 
for 24 hours.
    (3) Rigid plastic IBC types and composite IBC types with plastic 
outer packagings (11HH1, 11HH2, 21HH1, 21HH2, 31HH1 and 31HH2) which 
bear the stacking load must be subjected to the test for 28 days at 40 
[deg]C (104 [deg]F).
    (4) For all IBCs, the load must be applied by one of the following 
methods:
    (i) One or more IBCs of the same type loaded to their maximum 
permissible gross mass and stacked on the test IBC;
    (ii) The calculated superimposed test load weight loaded on either 
a flat plate or a reproduction of the base of the IBC, which is stacked 
on the test IBC.
    (5) Calculation of superimposed test load. For all IBCs, the load 
to be placed on the IBC must be 1.8 times the combined maximum 
permissible gross mass of the number of similar IBCs that may be 
stacked on top of the IBC during transportation.
    (d) Periodic Retest. (1) The package must be tested in accordance 
with Sec.  178.815(c) of this subpart; or
    (2) The packaging may be tested using a dynamic compression testing 
machine. The test must be conducted at room temperature on an empty, 
unsealed packaging. The test sample must be centered on the bottom 
platen of the testing machine. The top platen must be lowered until it 
comes in contact with the test sample. Compression must be applied end 
to end. The speed of the compression tester must be one-half inch plus 
or minus one-fourth inch per minute. An initial preload of 50 pounds 
must be applied to ensure a definite contact between the test sample 
and the platens. The distance between the platens at this time must be 
recorded as zero deformation. The force ``A'' then to be applied must 
be calculated using the applicable formula:

Liquids: A = (1.8)(n-1) [w + (s x v x 8.3 x .98)] x 1.5;

     or

Solids: A = (1.8)(n-1) [w + (s x v x 8.3 x .95)] x 1.5

Where:

A = applied load in pounds.
n = maximum number of IBCs being stacked during transportation.
w = maximum weight of one empty container in pounds.
s = specific gravity (liquids) or density (solids) of the lading.
v = actual capacity of container (rated capacity + outage) in gallons.

     and:

8.3 corresponds to the weight in pounds of 1.0 gallon of water.
1.5 is a compensation factor convering the static load of the stacking 
test into a load suitable for dynamic compression testing.

    (e) Criteria for passing the test. (1) For metal, rigid plastic, 
and composite IBCs, there may be no permanent deformation, which 
renders the IBC unsafe for transportation, and no loss of contents.
    (2) For fiberboard and wooden IBCs, there may be no loss of 
contents and no permanent deformation, which renders the whole IBC, 
including the base pallet, unsafe for transportation.
    (3) For flexible IBCs, there may be no deterioration, which renders 
the IBC

[[Page 52034]]

unsafe for transportation, and no loss of contents.
    (4) For the dynamic compression test, a container passes the test 
if, after application of the required load, there is no permanent 
deformation to the IBC, which renders the whole IBC, including the base 
pallet, unsafe for transportation; in no case may the maximum 
deflection exceed one inch.
    49. In Sec.  178.819, paragraph (b)(1) is amended by adding a 
second sentence and (b)(2) is revised as follows:


Sec.  178.819  Vibration test.

* * * * *
    (b) * * *
    (1) * * * IBCs intended for liquids may be tested using water as 
the filling material for the vibration test.
    (2) The sample IBC must be placed on a vibrating platform with a 
vertical or rotary double-amplitude (peak-to-peak displacement) of one 
inch. The IBC must be constrained horizontally to prevent it from 
falling off the platform, but must be left free to move vertically and 
bounce.
* * * * *
    50. Subpart P is added to part 178 as follows:

Subpart P--Large Packagings Standards

Sec.
178.900 Purpose and scope.
178.902 Large Packaging identification codes.
178.903 Marking of Large Packagings.
178.904 General Large Packaging standards.
178.905 Standards for metal Large Packagings.
178.906 Standards for rigid plastic Large Packagings.
178.907 Standards for fiberboard Large Packagings.
178.908 Standards for wooden Large Packagings.
178.909 Standards for flexible Large Packagings.


Sec.  178.900  Purpose and scope.

    (a) This subpart prescribes requirements for Large Packaging 
intended for the transportation of hazardous materials. Standards for 
these packagings are based on the UN Recommendations.
    (b) Terms used in this subpart are defined in Sec.  171.8 of this 
subchapter.


Sec.  178.902  Large Packaging identification codes.

    Large packaging code designations consist of: Two numerals 
specified in paragraph (a) of this section; followed by the capital 
letter(s) specified in paragraph (b) of this section.
    (a) Large packaging code number designation are as follows: 50 for 
rigid Large Packagings; or 51 for flexible Large Packagings.
    (b) Large Packagings code letter designations are as follows:
    ``A'' means steel (all types and surface treatments).
    ``B'' means aluminum.
    ``C'' means natural wood.
    ``D'' means plywood.
    ``F'' means reconstituted wood.
    ``G'' means fiberboard.
    ``H'' means plastic.
    ``M'' means paper, multiwall.
    ``N'' means metal (other than steel or aluminum).


Sec.  178.903  Marking of Large Packagings.

    (a) The manufacturer must:
    (1) Mark every Large Packaging in a durable and clearly visible 
manner. The marking may be applied in a single line or in multiple 
lines provided the correct sequence is followed with the information 
required by this section. The following information is required in the 
sequence presented:
    (i) Except as provided in Sec.  178.503(e)(1)(ii), the United 
Nations packaging symbol as illustrated in Sec.  178.503(e)(1)(i). For 
metal Large Packagings on which the marking is stamped or embossed, the 
capital letters ``UN'' may be applied instead of the symbol;
    (ii) The code number designating the Large Packaging design type 
according to Sec.  178.901. The letter ``W'' must follow the Large 
Packaging design type identification code on a Large Packaging when the 
Large Packaging differs from the requirements in subpart P of this 
part, or is tested using methods other than those specified in this 
subpart, and is approved by the Associate Administrator in accordance 
with the provisions in Sec.  178.1001;
    (iii) A capital letter identifying the performance standard under 
which the design type has been successfully tested, as follows:
    (A) X--for Large Packagings meeting Packing Groups I, II and III 
tests;
    (B) Y--for Large Packagings meeting Packing Groups II and III 
tests; and
    (C) Z--for Large Packagings meeting Packing Group III test.
    (iv) The month (designated numerically) and year (last two digits) 
of manufacture;
    (v) The country authorizing the allocation of the mark. The letters 
``USA'' indicate that the Large Packaging is manufactured and marked in 
the United States in compliance with the provisions of this subchapter.
    (vi) The name and address or symbol of the manufacturer or the 
approval agency certifying compliance with subpart P and subpart Q of 
this part. Symbols, if used, must be registered with the Associate 
Administrator.
    (vii) The stacking test load in kilograms (kg). For Large 
Packagings not designed for stacking the figure ``0'' must be shown.
    (viii) The maximum permissible gross mass or for flexible Large 
Packagings, the maximum net mass, in kg.
    (2) The following are examples of symbols and required markings:
    (i) For a steel Large Packaging suitable for stacking; stacking 
load: 2,500 kg; maximum gross mass: 1,000 kg.
[GRAPHIC] [TIFF OMITTED] TP01SE06.000

    (ii) For a plastic Large Packaging not suitable for stacking; 
maximum gross mass: 800 kg.

[[Page 52035]]

[GRAPHIC] [TIFF OMITTED] TP01SE06.001

    (iii) For a Flexible Large Packaging not suitable for stacking; 
maximum gross mass: 500 kg.
[GRAPHIC] [TIFF OMITTED] TP01SE06.002

    (b) [Reserved]


Sec.  178.904  General Large Packaging standards.

    (a) Each Large Packaging must be resistant to, or protected from, 
deterioration due to exposure to the external environment. Large 
packagings intended for solid hazardous materials must be sift-proof 
and water-resistant.
    (b) All service equipment must be positioned or protected to 
minimize potential loss of contents resulting from damage during Large 
Packaging handling and transportation.
    (c) Each Large Packaging, including attachments and service and 
structural equipment, must be designed to withstand, without loss of 
hazardous materials, the internal pressure of the contents and the 
stresses of normal handling and transport. A Large Packaging intended 
for stacking must be designed for stacking. Any lifting or securing 
features of a Large Packaging must be sufficient strength to withstand 
the normal conditions of handling and transportation without gross 
distortion or failure and must be positioned so as to cause no undue 
stress in any part of the Large Packaging.
    (d) A Large Packaging consisting of packagings within a framework 
must be so constructed that the packaging is not damaged by the 
framework and is retained within the framework at all times.
    (e) Large packaging design types must be constructed in such a way 
as to be bottom-lifted or top-lifted as specified in Sec. Sec.  
178.1004 and 178.1005.


Sec.  178.905  Standards for metal Large Packagings.

    (a) The provisions in this section apply to metal Large Packagings 
intended to contain liquids and solids. Metal Large Packaging types are 
designated:
    (1) 50A steel
    (2) 50B aluminum
    (3) 50N metal (other than steel or aluminum)
    (b) Each Large Packaging must be made of suitable ductile metal 
materials. Welds must be made so as to maintain design type integrity 
of the receptacle under conditions normally incident to transportation. 
Low-temperature performance must be taken into account when 
appropriate.
    (c) The use of dissimilar metals must not result in deterioration 
that could affect the integrity of the Large Packaging.
    (d) Metal Large Packagings may not have a volumetric capacity 
greater than 3,000 L (793 gallons) and not less than 450 L (119 
gallons).


Sec.  178.906  Standards for rigid plastic Large Packagings.

    (a) The provisions in this section apply to rigid plastic Large 
Packagings intended to contain liquids and solids. Rigid plastic Large 
Packaging types are designated:
    50H rigid plastics.
    (b) A Rigid plastic Large Packaging must be manufactured from 
plastic material of known specifications and be of a strength relative 
to its capacity and to the service it is required to perform. In 
addition to conformance to Sec.  173.24 of this subchapter, plastic 
materials must be resistant to aging and to degradation caused by 
ultraviolet radiation.
    (1) If protection against ultraviolet radiation is necessary, it 
must be provided by the addition of a pigment or inhibiter such as 
carbon black to plastic materials. These additives must be compatible 
with the contents and remain effective throughout the life of the 
plastic Large Packaging body. Where use is made of carbon black, 
pigments or inhibitors, other than those used in the manufacture of the 
tested design type, retesting may be omitted if changes in the carbon 
black content, the pigment content or the inhibitor content do not 
adversely affect the physical properties of the material of 
construction.
    (2) Additives may be included in the composition of the plastic 
material to improve the resistance to aging or to serve other purposes, 
provided they do not adversely affect the physical or chemical 
properties of the material of construction.
    (3) No used material other than production residues or regrind from 
the same manufacturing process may be used in the manufacture of rigid 
plastic Large Packagings.
    (c) Rigid plastic Large Packagings:
    (1) May not have a volumetric capacity greater than 3,000 L (793 
gallons); and
    (2) May not have a volumetric capacity less than 56 450 L (119 
gallons).


Sec.  178.907  Standards for fiberboard Large Packagings.

    (a) The provisions in this section apply to fiberboard Large 
Packagings intended to contain solids. Fiberboard Large Packaging types 
are designated:
    50G fiberboard.
    (b) Construction requirements for fiberboard Large Packagings.
    (1) Fiberboard Large Packagings must be constructed of strong, 
solid or double-faced corrugated fiberboard (single or multiwall) that 
is appropriate to the capacity of the Large Packagings and to their 
intended use. Water resistance of the outer surface must be such that 
the increase in mass, as determined in a test carried out over a period 
of 30 minutes by the Cobb method of determining water absorption, is 
not greater than 155 grams per square meter (0.0316 pounds per square 
foot)--see ISO 535 (E) (IBR, see Sec.  171.7 of this subchapter). 
Fiberboard must have proper bending qualities. Fiberboard must be cut, 
creased without

[[Page 52036]]

cutting through any thickness of fiberboard, and slotted so as to 
permit assembly without cracking, surface breaks or undue bending. The 
fluting or corrugated fiberboard must be firmly glued to the facings.
    (i) The walls, including top and bottom, must have a minimum 
puncture resistance of 15 Joules (11 foot-pounds of energy) measured 
according to ISO 3036 (IBR, see Sec.  171.7 of this subchapter)
    (ii) Manufacturers' joints in the outer packaging of Large 
Packagings must be made with an appropriate overlap and be taped, 
glued, stitched with metal staples or fastened by other means at least 
equally effective. Where joints are made by gluing or taping, a water 
resistant adhesive must be used. Metal staples must pass completely 
through all pieces to be fastened and be formed or protected so that 
any inner liner cannot be abraded or punctured by them.
    (2) Integral and detachable pallets. (i) Any integral pallet base 
forming part of a Large Packaging or any detachable pallet must be 
suitable for mechanical handling with the Large Packaging filled to its 
maximum permissible gross mass.
    (ii) The pallet or integral base must be designed to avoid 
protrusions causing damage to the fiberboard Large Packagings in 
handling.
    (iii) The body must be secured to any detachable pallet to ensure 
stability in handling and transport. Where a detachable pallet is used, 
its top surface must be free from protrusions that might damage the 
Large Packaging.
    (3) Strengthening devices, such as timber supports to increase 
stacking performance may be used but must be external to the liner.
    (4) The load-bearing surfaces of the Large Packagings intended for 
stacking must be designed to distribute the load in a stable manner.
    (c) Fiberboard Large Packagings may not have a volumetric capacity 
greater than 3,000 L (793 gallons) and not less than 450 L (119 
gallons).


Sec.  178.908  Standards for wooden Large Packagings.

    (a) The provisions in this section apply to wooden Large Packagings 
intended to contain solids. Wooden Large Packaging types are 
designated:
    (1) 50C natural wood
    (2) 50D plywood
    (3) 50F reconstituted wood
    (b) Construction requirements for wooden Large Packagings are as 
follows:
    (1) The strength of the materials used and the method of 
construction must be appropriate to the capacity and intended use of 
the Large Packagings.
    (i) Natural wood used in the construction of Large Packagings must 
be well-seasoned, commercially dry and free from defects that would 
materially lessen the strength of any part of the Large Packagings. 
Each Large Packaging part must consist of uncut wood or a piece 
equivalent in strength and integrity. Large packagings parts are 
equivalent to one piece when a suitable method of glued assembly is 
used (i.e., a Lindermann joint, tongue and groove joint, ship, lap or 
babbet joint; or butt joint with at least two corrugated metal 
fasteners at each joint, or when other methods at least equally 
effective are used).
    (ii) Plywood used in construction must be at least 3-ply. Plywood 
must be made of well-seasoned rotary cut, sliced or sawn veneer, 
commercially dry and free from defects that would materially lessen the 
strength of the Large Packagings. All adjacent piles must be glued with 
water resistant adhesive. Materials other than plywood may be used for 
the construction of the Large Packaging.
    (iii) Reconstituted wood used in the construction of Large 
Packagings must be water resistant reconstituted wood such as 
hardboard, particle board or other suitable type.
    (iv) Wooden Large Packagings must be firmly nailed or secured to 
corner posts or ends or be assembled by similar devices.
    (2) Integral and detachable pallets. (i) Any integral pallet base 
forming part of a Large Packaging, or any detachable pallet must be 
suitable for mechanical handling of a Large Packaging filled to its 
maximum permissible gross mass.
    (ii) The pallet or integral base must be designed to avoid 
protrusion that may cause damage to the Large Packaging in handling.
    (iii) The body must be secured to any detachable pallet to ensure 
stability in handling and transportation. Where a detachable pallet is 
used, its top surface must be free from protrustions that might damage 
the Large Packaging.
    (3) Strengthening devices, such as timber supports to increase 
stacking performance, may be used but must be external to the liner.
    (4) The load bearing surfaces of the Large Packaging must be 
designed to distribute loads in a stable manner.
    (c) Wooden Large Packagings:
    (1) May not have a volumetric capacity greater than 3,000 L (793 
gallons); and
    (2) May not have a volumetric capacity less than 450 L (119 
gallons).


Sec.  178.909  Standards for flexible Large Packagings.

    (a) The provisions in this section apply to flexible Large 
Packagings intended to contain liquids and solids. Flexible Large 
Packagings types are designated:
    (1) 51H flexible plastics
    (2) 51M flexible paper
    (b) Construction requirements for flexible Large Packagings are as 
follows:
    (1) The strength of the material and the construction of the 
flexible Large Packagings must be appropriate to its capacity and its 
intended use.
    (2) All materials used in the construction of flexible Large 
Packagings of types 51M must, after complete immersion in water for not 
less than 24 hours, retain at least 85 percent of the tensile strength 
as measured originally on the material conditioned to equilibrium at 67 
percent relative humidity or less.
    (3) Seams must be stitched or formed by heat sealing, gluing or any 
equivalent method. All stitched seam-ends must be secured.
    (4) In addition to conformance with the requirements of Sec.  
173.24 of this subchapter, flexible Large Packaging must be resistant 
to aging and degradation caused by ultraviolet radiation.
    (5) For plastics flexible Large Packagings, if necessary, 
protection against ultraviolet radiation must be provided by the 
addition of pigments or inhibitors such as carbon black. These 
additives must be compatible with the contents and remain effective 
throughout the life of the Large Packaging. Where use is made of carbon 
black, pigments or inhibitors other than those used in the manufacture 
of the tested design type, retesting may be omitted if the carbon black 
content, the pigment content or the inhibitor content do not adversely 
affect the physical properties of the material of construction.
    (6) Additives may be included in the composition of the material of 
the Large Packaging to improve the resistance to aging, provided they 
do not adversely affect the physical or chemical properties of the 
material.
    (7) When flexible material Large Packagings are filled, the ratio 
of height to width must be no more than 2:1.
    (c) Flexible Large Packagings:
    (1) May not have a volumetric capacity greater than 3,000 L (793 
gallons);
    (2) May not have a volumetric capacity less than 56 L (15 gallons); 
and
    (3) Must be designed and tested to a capacity of not less than 50 
kg (110 pounds).

[[Page 52037]]

    51. Subpart Q is added to Part 178 as follows:

Subpart Q--Testing of Large Packagings

Sec.
178.1000 Purpose and scope.
178.1001 General requirements.
178.1002 Preparation of Large Packagings for testing.
178.1010 Drop test.
178.1011 Bottom lift test.
178.1012 Top lift test.
178.1015 Stacking test.
178.1019 Vibration test.


Sec.  178.1000  Purpose and scope.

    This subpart prescribes certain testing requirements for Large 
Packagings identified in subpart P of this part.


Sec.  178.1001  General requirements.

    (a) General: The test procedures prescribed in this subpart are 
intended to ensure that Large Packagings containing hazardous materials 
can withstand normal conditions of transportation. These test 
procedures are considered minimum requirements. Each packaging must be 
manufactured and assembled so as to be capable of successfully passing 
the prescribed tests and to conform to the requirements of Sec.  173.24 
of this subchapter while in transportation.
    (b) Responsibility. It is the responsibility of the Large Packaging 
manufacturer to ensure each Large Packaging is capable of passing the 
prescribed tests. To the extent a Large Packagings' assembly function, 
including final closure, is performed by the person who offers a 
hazardous material for transportation, that person is responsible for 
performing the function in accordance with Sec. Sec.  173.22 and 178.2 
of this subchapter.
    (c) Definitions. For the purpose of this subpart:
    (1) Large packaging design type refers to a Large Packaging which 
does not differ in structural design, size, material of construction 
and packing.
    (2) Design qualification testing is the performance of the drop, 
stacking, and bottom-lift or top-lift tests, as applicable, prescribed 
in this subpart, for each different Large Packaging design type, at the 
start of production of that packaging.
    (3) Periodic design requalification test is the performance of the 
applicable tests specified in paragraph (c)(2) of this section on a 
Large Packaging design type, in order to requalify the design for 
continued production at the frequency specified in paragraph (e) of 
this section.
    (4) Production inspection is the inspection, which must initially 
be conducted on each newly manufactured Large Packaging.
    (5) Different Large Packaging design type is one, which differs 
from a previously qualified Large Packaging design type in structural 
design, size, material of construction, wall thickness, or manner of 
construction, but does not include:
    (i) A packaging, which differs in surface treatment;
    (ii) A rigid plastic Large Packaging, which differs with regard to 
additives used to comply with Sec. Sec.  178.906(b) or 178.909(b);
    (iii) A packaging, which differs only in its lesser external 
dimensions (i.e., height, width, length) provided materials of 
construction and material thickness or fabric weight remain the same;
    (d) Design qualification testing. The packaging manufacturer must 
achieve successful test results for the design qualification testing at 
the start of production of each new or different Large Packaging design 
type. Application of the certification mark by the manufacturer 
constitutes certification that the Large Packaging design type passed 
the prescribed tests in this subpart.
    (e) Periodic design requalification testing. (1) Periodic design 
requalification must be conducted on each qualified Large Packaging 
design type if the manufacturer is to maintain authorization for 
continued production. The Large Packaging manufacturer must achieve 
successful test results for the periodic design requalification at 
sufficient frequency to ensure each packaging produced by the 
manufacturer is capable of passing the design qualification tests. 
Design requalification tests must be conducted at least once every 24 
months.
    (2) Changes in the frequency of design requalification testing 
specified in paragraph (e)(1) of this section are authorized if 
approved by the Associate Administrator.
    (f) Test samples. The manufacturer must conduct the design 
qualification and periodic tests prescribed in this subpart using 
random samples of packagings, in the numbers specified in the 
appropriate test section.
    (g) Selective testing. The selective testing of Large Packagings, 
which differ only in minor respects from a tested type is permitted as 
described in this section. For air transport, Large Packagings must 
comply with Sec.  173.27(c)(1) and (c)(2) of this subchapter. 
Variations are permitted in inner packagings of a tested Large 
Packaging, without further testing of the package, provided an 
equivalent level of performance is maintained and the methodology used 
to determine that the inner packaging, including closure, maintains an 
equivalent level of performance is documented in writing by the person 
certifying compliance with this paragraph and retained in accordance 
with paragraph (l) of this section. Permitted variations are as 
follows:
    (1) Inner packagings of equivalent or smaller size may be used 
provided--
    (i) The inner packagings are of similar design to the tested inner 
packagings (i.e. shape-round, rectangular, etc.);
    (ii) The material of construction of the inner packagings (glass, 
plastic, metal, etc.) offers resistance to impact and stacking forces 
equal to or greater than that of the originally tested inner packaging;
    (iii) The inner packagings have the same or smaller openings and 
the closure is of similar design (e.g., screw cap, friction lid, etc.);
    (iv) Sufficient additional cushioning material is used to take up 
void spaces and to prevent significant movement of the inner 
packagings;
    (v) Inner packagings are oriented within the outer packaging in the 
same manner as in the tested package; and,
    (vi) The gross mass of the package does not exceed that originally 
tested.
    (2) A lesser number of the tested inner packagings, or of the 
alternative types of inner packagings identified in paragraph (g)(1) of 
this section, may be used provided sufficient cushioning is added to 
fill void space(s) and to prevent significant movement of the inner 
packagings.
    (h) Proof of compliance. Notwithstanding the periodic design 
requalification testing intervals specified in paragraph (e) of this 
section, the Associate Administrator, or a designated representative, 
may at any time require demonstration of compliance by a manufacturer, 
through testing in accordance with this subpart, to ensure packagings 
meet the requirements of this subpart. As required by the Associate 
Administrator, or a designated representative, the manufacturer must 
either:
    (1) Conduct performance tests or have tests conducted by an 
independent testing facility, in accordance with this subpart; or
    (2) Make a sample Large Packaging available to the Associate 
Administrator, or a designated representative, for testing in 
accordance with this subpart.
    (i) Record retention. Following each design qualification test and 
each periodic retest on a Large Packaging, a

[[Page 52038]]

test report must be prepared. The test report must be maintained at 
each location where the Large Packaging is manufactured and each 
location where the design qualification tests are conducted, for as 
long as the Large Packaging is produced and for at least two years 
thereafter, and at each location where the periodic retests are 
conducted until such tests are successfully performed again and a new 
test report produced. In addition, a copy of the test report must be 
maintained by a person certifying compliance with this part. The test 
report must be made available to a user of a Large Packaging or a 
representative of the Department upon request. The test report, at a 
minimum, must contain the following information:
    (1) Name and address of test facility;
    (2) Name and address of applicant (where appropriate);
    (3) A unique test report identification;
    (4) Date of the test report;
    (5) Manufacturer of the packaging;
    (6) Description of the packaging design type (e.g. dimensions, 
materials, closures, thickness, etc.), including methods of manufacture 
(e.g. blow molding) and which may include drawing(s) and/or 
photograph(s);
    (7) Maximum capacity;
    (8) Characteristics of test contents, e.g. viscosity and relative 
density for liquids and particle size for solids;
    (9) Mathematical calculations performed to conduct and document 
testing (for example, drop height, test capacity, outage requirements, 
etc.);
    (10) Test descriptions and results; and
    (11) Signature with the name and title of signatory.


Sec.  178.1002  Preparation of Large Packagings for testing.

    (a) Except as otherwise provided in this subchapter, each Large 
Packaging and package must be closed in preparation for testing and 
tests must be carried out in the same manner as if prepared for 
transportation, including inner packagings. All closures must be 
installed using proper techniques and torques.
    (b) For the drop and stacking test, inner receptacles must be 
filled to not less than 95 percent of maximum capacity (see Sec.  171.8 
of this subchapter) in the case of solids and not less than 98 percent 
of maximum in the case of liquids. Bags must be filled to the maximum 
mass at which they may be used. For Large Packagings where the inner 
packagings are designed to carry liquids and solids, separate testing 
is required for both liquid and solid contents. The material to be 
transported in the packagings may be replaced by a non-hazardous 
material, except for chemical compatibility testing or where this would 
invalidate the results of the tests.
    (c) If the material to be transported is replaced for test purposes 
by a non-hazardous material, the material used must be of the same or 
higher specific gravity as the material to be carried, and its other 
physical properties (grain, size, viscosity) which might influence the 
results of the required tests must correspond as closely as possible to 
those of the hazardous material to be transported. It is permissible to 
use additives, such as bags of lead shot, to achieve the requisite 
total package mass, so long as they do not affect the test results.
    (d) Paper or fiberboard Large Packagings must be conditioned for at 
least 24 hours immediately prior to testing in an atmosphere 
maintained--
    (1) At 50 percent <plus-minus>2 percent relative humidity, and at a 
temperature of 23 [deg]C <plus-minus>2 [deg]C (73 [deg]F <plus-minus>4 
[deg]F). Average values should fall within these limits. Short-term 
fluctuations and measurement limitations may cause individual 
measurements to vary by up to <plus-minus>5 percent relative humidity 
without significant impairment of test reproducibility;
    (2) At 65 percent 2 percent relative humidity, and at a temperature 
of 20 [deg]C <plus-minus>2 [deg]C (68 [deg]F <plus-minus>4 [deg]F), or 
27 [deg]C <plus-minus>2 [deg]C (81 [deg]F <plus-minus>4 [deg]F). 
Average values should fall within these limits. Short-term fluctuations 
and measurement limitations may cause individual measurements to vary 
by up to <plus-minus>5 percent relative humidity without significant 
impairment of test reproducibility; or
    (3) For testing at periodic intervals only (i.e., other than 
initial design qualification testing), at ambient conditions.


Sec.  178.1010  Drop test.

    (a) General. The drop test must be conducted for the qualification 
of all Large Packagings design types and performed periodically as 
specified in Sec.  178.1001(e) of this subpart.
    (b) Special preparation for the drop test. Large packagings must be 
filled in accordance with Sec.  178.1002.
    (c) Conditioning. Rigid plastic Large Packagings and Large 
Packagings with plastic inner receptacles must be conditioned for 
testing by reducing the temperature of the packaging and its contents 
to 18 [deg]C (0 [deg]F) or lower. Test liquids must be kept in the 
liquid state, if necessary, by the addition of anti-freeze. Water/anti-
freeze solutions with a minimum specific gravity of 0.95 for testing at 
18 [deg]C (0 [deg]F) or lower are considered acceptable test liquids, 
and may be considered equivalent to water for test purposes. Large 
Packagings conditioned in this way are not required to be conditioned 
in accordance with Sec.  178.1002(d).
    (d) Test method. (1) Samples of all Large Packaging design types 
must be dropped onto a rigid, non-resilient, smooth, flat and 
horizontal surface. The point of impact must be the most vulnerable 
part of the base of the Large Packaging being tested. Following the 
drop, the Large Packaging must be restored to the upright position for 
observation.
    (2) Large Packaging design types with a capacity of 0.45 cubic 
meters (15.9 cubic feet) or less must be subject to an addition drop 
test.
    (e) Drop height. (1) For all Large Packagings, drop heights are 
specified as follows:
    (i) Packing group I: 1.8 m (5.9 feet)
    (ii) Packing group II: 1.2 m (3.9 feet)
    (iii) Packing group III: 0.8 m (2.6 feet)
    (2) Drop tests are to be performed with the solid or liquid to be 
transported or with a non-hazardous material having essentially the 
same physical characteristics.
    (3) The specific gravity and viscosity of a substituted non-
hazardous material used in the drop test for liquids must be similar to 
the hazardous material intended for transportation. Water also may be 
used for the liquid drop test under the following conditions:
    (i) Where the substance to be carried have a specific gravity not 
exceeding 1.2, the drop heights must be those specified in paragraph 
(e)(1) of this section for each Large Packaging design type; and
    (ii) Where the substances to be carried have a specific gravity 
exceeding 1.2, the drop heights must be as follows:
    (A) Packing Group I: SG x 1.5 m (4.9 feet)
    (B) Packing Group II: SG x 1.0 m (3.3 feet)
    (C) Packing Group III: SG x 0.67 m (2.2 feet)
    (f) Criteria for passing the test. For all Large Packaging design 
types there may be no loss of the filling substance from inner 
packaging(s) or article(s). Ruptures are not permitted in Large 
Packaging for articles of Class 1 which permit the spillage of loose 
explosive substances or articles from the Large Packaging. Where a 
Large Packaging undergoes a drop test, the sample passes the test if 
the entire contents are retained even if the closure is no longer sift-
proof.


Sec.  178.1011  Bottom lift test.

    (a) General. The bottom lift test must be conducted for the 
qualification of all

[[Page 52039]]

Large Packagings design types designed to be lifted from the base.
    (b) Special preparation for the bottom lift test. The Large 
Packaging must be loaded to 1.25 times its maximum permissible gross 
mass, the load being evenly distributed.
    (c) Test method. All Large Packaging design types must be raised 
and lowered twice by a lift truck with the forks centrally positioned 
and spaced at three quarters of the dimension of the side of entry 
(unless the points of entry are fixed). The forks must penetrate to 
three quarters of the direction of entry.
    (d) Criteria for passing the test. For all Large Packagings design 
types designed to be lifted from the base, there may be no permanent 
deformation which renders the Large Packaging unsafe for transport and 
there must be no loss of contents.


Sec.  178.1012  Top lift test.

    (a) General. The top lift test must be conducted for the 
qualification of all of Large Packagings design types to be lifted from 
the top or, for flexible Large Packagings, from the side.
    (b) Special preparation for the top lift test. (1) Metal and rigid 
plastic Large Packagings design types must be loaded to twice its 
maximum permissible gross mass.
    (2) Flexible Large Packaging design types must be filled to six 
times the maximum permissible gross mass, the load being evenly 
distributed.
    (c) Test method. (1) A Large Packaging must be lifted in the manner 
for which it is designed until clear of the floor and maintained in 
that position for a period of five minutes.
    (2) Rigid plastic Large Packaging design types must be:
    (i) Lifted by each pair of diagonally opposite lifting devices, so 
that the hoisting forces are applied vertically for a period of five 
minutes; and
    (ii) Lifted by each pair of diagonally opposite lifting devices so 
that the hoisting forces are applied towards the center at 45[deg] to 
the vertical, for a period of five minutes.
    (3) If not tested as indicated in paragraph (c)(1) of this section, 
a flexible Large Packaging design type must be tested as follows:
    (i) Fill the flexible Large Packaging to 95% full with a material 
representative of the product to be shipped.
    (ii) Suspend the flexible Large Packaging by its lifting devices.
    (iii) Apply a constant downward force through a specially designed 
platen. The platen will be a minimum of 60 percent and a maximum of 80 
percent of the cross sectional surface area of the flexible Large 
Packaging.
    (iv) The combination of the mass of the filled flexible Large 
Packaging and the force applied through the platen must be a minimum of 
six times the maximum net mass of the flexible Large Packaging. The 
test must be conducted for a period of five minutes.
    (v) Other equally effective methods of top lift testing and 
preparation may be used with approval of the Associate Administrator.
    (d) Criterion for passing the test. For all Large Packagings design 
types designed to be lifted from the top, there may be no permanent 
deformation which renders the Large Packagings unsafe for transport and 
no loss of contents.


Sec.  178.1015  Stacking test.

    (a) General. The stacking test must be conducted for the 
qualification of all Large Packagings design types intended to be 
stacked.
    (b) Special preparation for the stacking test. (1) All Large 
Packagings except flexible Large Packaging design types must be loaded 
to their maximum permissible gross mass.
    (2) Flexible Large Packagings must be filled to not less than 95 
percent of their capacity and to their maximum net mass, with the load 
being evenly distributed.
    (c) Test method. (1) All Large Packaging must be placed on their 
base on level, hard ground and subjected to a uniformly distributed 
superimposed test load for a period of at least five minutes (see 
paragraph (c)(5) of this section).
    (2) Fiberboard and wooden Large Packagings must be subjected to the 
test for 24 hours.
    (3) Rigid plastic Large Packagings which bear the stacking load 
must be subjected to the test for 28 days at 40 [deg]C (104 [deg]F).
    (4) For all Large Packagings, the load must be applied by one of 
the following methods:
    (i) One or more Large Packagings of the same type loaded to their 
maximum permissible gross mass and stacked on the test Large Packaging;
    (ii) The calculated superimposed test load weight loaded on either 
a flat plate or a reproduction of the base of the Large Packaging, 
which is stacked on the test Large Packaging; or
    (5) Calculation of superimposed test load. For all Large 
Packagings, the load to be placed on the Large Packaging must be 1.8 
times the combined maximum permissible gross mass of the number of 
similar Large Packaging that may be stacked on top of the Large 
Packaging during transportation.
    (d) Periodic Retest. (1) The package must be tested in accordance 
with Sec.  178.1015(c) of this subpart; or
    (2) The packaging may be tested using a dynamic compression testing 
machine. The test must be conducted at room temperature on an empty, 
unsealed packaging. The test sample must be centered on the bottom 
platen of the testing machine. The top platen must be lowered until it 
comes in contact with the test sample. Compression must be applied end 
to end. The speed of the compression tester must be one-half inch plus 
or minus one-fourth inch per minute. An initial preload of 50 pounds 
must be applied to ensure a definite contact between the test sample 
and the platens. The distance between the platens at this time must be 
recorded as zero deformation. The force ``A'' to then be applied must 
be calculated using the applicable formula:

Liquids: A = (1.8)(n-1) [w + (s x v x 8.3 x .98)] x 1.5;

     or

Solids: A = (1.8)(n-1) [w + (s x v x 8.3 x .95)] x 1.5


Where:

A = applied load in pounds.
n = maximum number of Large Packagings that may be stacked during 
transportation.
w = maximum weight of one empty container in pounds.
s = specific gravity (liquids) or density (solids) of the lading.
v = actual capacity of container (rated capacity + outage) in gallons.

     and:

8.3 corresponds to the weight in pounds of 1.0 gallon of water.
1.5 is a compensation factor that converts the static load of the 
stacking test into a load suitable for dynamic compression testing.

    (e) Criterion for passing the test. (1) For metal or rigid plastic 
Large Packagings, there may be no permanent deformation which renders 
the Large Packaging unsafe for transportation and no loss of contents.
    (2) For flexible Large Packagings, there may be no deterioration 
which renders the Large Packaging unsafe for transportation and no loss 
of contents.
    (3) For the dynamic compression test, a container passes the test 
if, after application of the required load, there is no permanent 
deformation to the Large Packaging which renders the whole Large 
Packaging; including the base pallet, unsafe for transportation; in no 
case may the maximum deflection exceed one inch.

[[Page 52040]]

Sec.  178.1019  Vibration test.

    (a) General. The vibration test must be conducted for the 
qualification of all rigid Large Packaging design types. Flexible Large 
Packaging design types must be capable of withstanding the vibration 
test.
    (b) Test method. (1) A sample Large Packaging, selected at random, 
must be filled and closed as for shipment. Large Packagings intended 
for liquids may be tested using water as the filling material for the 
vibration test.
    (2) The sample Large Packaging must be placed on a vibrating 
platform that has a vertical or rotary double-amplitude (peak-to-peak 
displacement) of one inch. The Large Packaging must be constrained 
horizontally to prevent it from falling off the platform, but must be 
left free to move vertically and bounce.
    (3) The sample Large Packaging must be placed on a vibrating 
platform that has a vertical double-amplitude (peak-to-peak 
displacement) of one inch. The Large Packaging must be constrained 
horizontally to prevent it from falling off the platform, but must be 
left free to move vertically and bounce.
    (4) The test must be performed for one hour at a frequency that 
causes the package to be raised from the vibrating platform to such a 
degree that a piece of material of approximately 1.6-mm (0.063-inch) in 
thickness (such as steel strapping or paperboard) can be passed between 
the bottom of the Large Packaging and the platform. Other methods at 
least equally effective may be used (see Sec.  178.801(i)).
    (c) Criterion for passing the test. A Large Packaging passes the 
vibration test if there is no rupture or leakage.

    Issued in Washington, DC on August 28, 2006 under authority 
delegated in 49 CFR Part 106.
Robert A. McGuire,
Associate Administration for Hazardous Materials Safety.
[FR Doc. 06-7360 Filed 8-31-06; 8:45 am]
BILLING CODE 4910-60-P