Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Proposed Rules 24885 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

4. ‘‘Determination of Reasonably 

Available Control Technology and Best 

Available Retrofit Control Technology 

for Industrial, Institutional, and 

Commercial Boilers, Steam Generators, 

and Process Heaters,’’ CARB, July 18, 

1991. 

5. ‘‘Alternative Control Techniques 

Document—NOX Emissions from 

Industrial/Commercial/Institutional 

(ICI) Boilers,’’ US EPA 453/R–94–022, 

March 1994. 

6. ‘‘Alternative Control Techniques 

Document— NOX Emissions from 

Utility Boilers,’’ US EPA 452/R–93–008, 

March 1994. 

B. Does the rule meet the evaluation 

criteria? 

We believe this rule is consistent with 

the relevant policy and guidance 

regarding enforceability, RACT, and SIP 

relaxations. The TSD has more 

information on our evaluation. 

On January 10, 2012, EPA partially 

approved and partially disapproved the 

RACT SIP submitted by California on 

June 18, 2009 for the SJV extreme ozone 

nonattainment area (2009 RACT SIP), 

based in part on our conclusion that the 

State had not fully satisfied CAA section 

182 RACT requirements for solid fuel 

fired boiler operations. See 77 FR 1417, 

1425 (January 10, 2012). Final approval 

of Rule 4352 would satisfy California’s 

obligation to implement RACT under 

CAA section 182 for this source category 

for the 1-hour ozone and 1997 8-hour 

ozone NAAQS and thereby terminate 

both the sanctions clocks and the 

Federal Implementation Plan (FIP) clock 

associated with this rule. 

C. EPA Recommendations To Further 

Improve the Rule 

The TSD describes additional rule 

revisions that we recommend for the 

next time the local agency modifies the 

rule. 

III. EPA’s Proposed Action 

Because EPA believes the submitted 

rule fulfills all applicable requirements 

and corrects all deficiencies identified 

in our October 1, 2010 action, we are 

proposing to fully approve it under 

section 110(k)(3) of the Act. We will 

accept comments from the public on 

this proposal for the next 30 days. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this proposed action 

merely proposes to approve State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed action does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: April 13, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2012–10076 Filed 4–25–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 105, 171, 172, 173, 177, 

178, and 180 

[Docket No. PHMSA–2011–0138 (HM–218G)] 

RIN 2137–AE78 

Hazardous Materials; Miscellaneous 

Amendments (RRR) 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: PHMSA proposes to make 

miscellaneous amendments to the 

Hazardous Materials Regulations to 

update and clarify certain regulatory 

requirements. These proposed 

amendments are designed to promote 

safer transportation practices; eliminate 

unnecessary regulatory requirements; 

address a petition for rulemaking; 

incorporate a special permit into the 

Hazardous Materials Regulations; 

facilitate international commerce; and 

simplify the regulations. Among other 

provisions, PHMSA is proposing to 

update various entries in the Hazardous 

Materials Table and corresponding 

special provisions, clarify the lab pack 

requirements for temperature-controlled 

materials, and revise the training 

requirements to require that a hazardous 

material employer must make hazardous 

materials employee training records 

available upon request to an authorized 

official of the Department of 

Transportation (DOT) or the Department 

of Homeland Security (DHS). 

DATES: Comments must be received by 

June 25, 2012. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Dockets Management System; 

U.S. Department of Transportation, 

Dockets Operations, M–30, Ground 


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Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

• Hand Delivery: To U.S. Department 

of Transportation, Dockets Operations, 

M–30, Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001, between 

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

Friday, except Federal holidays. 

Instructions: Include the agency name 

and docket number PHMSA–2011–0138 

(HM–218G) or rule identification 

number (RIN 2137–AE78) for this 

rulemaking at the beginning of your 

comment. Note that all comments 

received will be posted without change 

to http://www.regulations.gov including 

any personal information provided. If 

sent by mail, comments must be 

submitted in duplicate. Persons wishing 

to receive confirmation of receipt of 

their comments must include a selfaddressed stamped postcard. 

Privacy Act: Anyone is able to search 

the electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

document (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477), or you may visit http:// 

www.regulations.gov. 

Docket: You may view the public 

docket through the Internet at http:// 

www.regulations.gov or in person at the 

Docket Operations office at the above 

address (See ADDRESSES). 

FOR FURTHER INFORMATION CONTACT: Rob 

Benedict, Standards and Rulemaking 

Division, (202) 366–8553, Pipeline and 

Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

SUPPLEMENTARY INFORMATION: 

Contents 

I. Background 

II. Section-by-Section Review 

III. Regulatory Analyses and Notices 

A. Statutory/Legal Authority for the 

Rulemaking 

B. Executive Order 12866, Executive Order 

13563 and DOT Regulatory Policies and 

Procedures 

C. Executive Order 13132 

D. Executive Order 13175 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

F. Paperwork Reduction Act 

G. Regulatory Identifier Number (RIN) 

H. Unfunded Mandates Reform Act 

I. Environmental Assessment 

J. Privacy Act 

K. International Trade Analysis 

I. Background 

The purpose of this NPRM is to 

update and clarify existing requirements 

by incorporating changes into the 

Hazardous Materials Regulations (HMR; 

49 CFR parts 171–180) based on 

PHMSA’s own initiatives. The proposed 

amendments were identified through an 

extensive review of the HMR and 

previously-issued letters of 

interpretation to the regulated 

hazardous materials transportation 

community. In addition, this NPRM 

proposes to incorporate a widely-held 

special permit with a longstanding 

history of safety into the HMR and 

respond to a petition for rulemaking. To 

this end, PHMSA is proposing to revise, 

clarify, and relax certain regulatory 

requirements. 

Specifically, PHMSA is proposing to: 

• Permit designated agents for nonresidents to submit designation requests 

by electronic mail in addition to 

traditional mail. 

• Add the Sulphur Institute’s (TSI) 

‘‘Molten Sulphur Rail Tank Car 

Guidance’’ document to the list of 

informational materials not requiring 

incorporation by reference in § 171.7 

(Responds to petition for rulemaking 

P–1581). 

• Revise the § 172.101 Hazardous 

Materials Table (HMT) to correct an 

error in the transportation requirements 

for entries listed under the proper 

shipping name, ‘‘Hydrazine Dicarbonic 

Acid Diazide.’’ 

• Revise the § 172.101 HMT to 

remove the entry for ‘‘Zinc ethyl, see 

Diethylzinc’’ which was superseded by 

proper shipping names adopted in a 

previous rulemaking. 

• Revise special provision 138 in 

§ 172.102 to clarify the lead solubility 

calculation utilized for classification of 

material as a Marine Pollutant. 

• Remove references to special 

provisions B72 and B74 in § 172.102. 

These special provisions were removed 

in a previous rulemaking; however, 

twelve entries in the § 172.101 HMT 

still contain references to these special 

provisions. 

• Revise the shipping paper 

requirements in § 172.203(e) to permit 

the phrase ‘‘Residue last contained’’ to 

be placed before or after the basic 

shipping description sequence, or for 

rail shipments, directly preceding the 

proper shipping name in the basic 

shipping description sequence. 

• Update the training recordkeeping 

requirements in § 172.704 to specify that 

a hazardous materials (hazmat) 

employer must make hazmat employee 

training records available upon request, 

at a reasonable time and location, to an 

authorized official of the Department of 

Transportation or the Department of 

Homeland Security. 

• Clarify that the material of trade 

exception in § 173.6 may be used when 

transporting Division 2.1 and 2.2 gases 

in Dewar flasks. 

• Clarify the lab pack provisions in 

§ 173.12 pertaining to temperaturecontrolled materials contained in a lab 

pack. 

• Clarify the exceptions for external 

emergency self-closing valves on cargo 

tank motor vehicles (CTMVs) in 

§ 173.33(g) to specify that external 

emergency self-closing valves on MC 

338 cargo tanks containing cryogenic 

liquids may remain open during 

transportation. 

• Correct an inadvertent deletion of 

the § 173.62 packaging requirements for 

explosives. 

• Incorporate special permit DOT SP– 

13556 into § 173.134, to authorize the 

transportation by motor vehicle of 

certain regulated medical wastes, 

designated as sharps, in non-DOT 

specification containers fitted into 

wheeled racks. 

• Revise the requirements for cargo 

air transport of alcoholic beverages 

§ 173.150 to harmonize with the 

International Civil Aviation 

Organization’s (ICAO) Technical 

Instructions (TI). 

• Clarify the exceptions in § 173.159a 

for non-spillable batteries secured to 

skids or pallets. 

• Revise § 178.2(c) to clarify the 

applicability of the notification 

requirements for packages containing 

residues. 

• Clarify the inspection record 

requirements in § 180.416 for discharge 

systems of cargo tanks transporting 

liquefied compressed gases. 

• Clarify the requirements for the 

Flame Penetration Resistance test 

required for chemical oxygen generators 

and certain compressed gases in 

Appendix E to Part 178. 

II. Section-by-Section Review 

Part 105 

Section 105.40 

This section provides the 

requirements for designated agents for 

non-residents. In specific instances, 

such as the approval of fireworks 

manufactured by a foreign entity, the 

HMR require non-residents of the 

United States who perform hazmat 

operations within the United States to 

designate a permanent resident of the 

United States to act as an agent and 

receive documents on behalf of the nonVerDate Mar<15>2010 15:15 Apr 25, 2012 Jkt 226001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\26APP1.SGM 26APP1

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resident. As specified in the HMR, nonresidents of the United States must 

prepare a designation notification and 

file it with PHMSA in accordance with 

§ 105.40. 

Currently, the HMR only permits 

designated agent notification documents 

to be mailed to the Approvals and 

Permits Division, Pipeline and 

Hazardous Materials Safety 

Administration, Attn: PHH–30, U.S. 

Department of Transportation, East 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590–0001, as 

specified in § 105.40(d). Revising this 

requirement to allow an agent 

designation to be transmitted by 

electronic mail would provide greater 

regulatory flexibility and align the 

submission of these documents with the 

procedures currently in place for the 

submission of other documents required 

by PHMSA. 

In this NPRM, PHMSA is proposing to 

amend § 105.40(d) to permit agent 

designations to be submitted by 

electronic mail to the special permits or 

approvals office, as appropriate. The 

option to submit a completed agent 

designation to the Approvals and 

Permits Division by mail would remain 

unchanged. 

Part 171 

Section 171.7 

The National Technology Transfer 

and Advancement Act of 1995 (15 

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

voluntary consensus standards in lieu of 

government-unique standards except 

where inconsistent with law or 

otherwise impractical. Section 171.7 

lists all standards incorporated by 

reference into the HMR and 

informational materials not requiring 

incorporation by reference. The 

informational materials not requiring 

incorporation by reference are noted 

throughout the HMR and provide best 

practices and additional safety measures 

that while not mandatory, may enhance 

safety and compliance. 

The Sulphur Institute (TSI) represents 

the sulphur industry in the United 

States on a variety of issues including 

the safe transportation of sulphur in 

commerce. TSI submitted petition P– 

1581 requesting that PHMSA 

incorporate by reference TSI’s ‘‘Molten 

Sulphur Tank Rail Car Guidance 

Document.’’ TSI also requested that we 

amend § 173.24(b)(4) to add the 

sentence ‘‘Dried residue of molten 

sulfur on tank cars shall meet the 

‘Molten Sulphur Rail Car Guidance 

Document’ incorporated by reference in 

§ 171.7.’’ TSI recognizes that molten 

sulphur rail tank cars with formed, solid 

sulphur obscuring tank car markings, 

labels, and stencils can present a safety 

risk. Furthermore, markings and labels 

with diminished visibility due to 

molten sulphur residue present an 

obstacle to not only those responsible 

for the safe handling of these rail tank 

cars, but also to first responders who 

rely on rapid and accurate identification 

of a material through hazard 

communication markings in the event of 

an accident or incident. Further, the 

presence of an excessive amount of 

formed, solid sulphur on molten 

sulphur tank car safety appliances may 

also lead to decreased effectiveness of 

safety equipment. To address these 

issues, TSI has created a document 

entitled ‘‘Molten Sulphur Rail Tank Car 

Guidance’’ which provides best 

practices for the safe transport of molten 

sulphur in rail tank cars. 

In this rulemaking, PHMSA proposes 

to adopt ‘‘Molten Sulphur Rail Tank Car 

Guidance’’ in the list of informational 

materials not requiring incorporation by 

reference in § 171.7(b). The inclusion of 

this document as reference material in 

the HMR should provide rail shippers of 

molten sulfur with a greater situational 

awareness of safe transport conditions 

for this particular commodity and 

reduce rail incidents for this hazardous 

material. In addition, PHMSA proposes 

to revise the entries for ‘‘Sulfur, Molten’’ 

specified in the § 172.101 HMT to 

reference special provision ‘‘R1’’ and 

add special provision ‘‘R1’’ to the R 

codes specified in § 172.102(c)(6). This 

new special provision will recommend 

the use of the Molten Sulphur Rail Tank 

Car Guidance document when 

transporting ‘‘Sulfur, Molten’’ residues 

by rail; however, it will not make its use 

mandatory. By referencing this 

document, we believe a greater level of 

safety may be achieved during the 

transportation of rail tanks cars which 

have held or currently hold molten 

sulfur. 

Part 172 

Section 172.101 

This section contains the HMT and 

explanatory text for each of the columns 

in the table. In this NPRM, PHMSA is 

proposing a number of revisions to the 

§ 172.101 HMT, and the special 

provisions specified in § 172.102 to 

clarify the regulations and correct 

inadvertent errors. Proposed changes to 

the § 172.101 HMT will appear as an, 

‘‘add,’’ ‘‘remove,’’ or ‘‘revise,’’ and 

include the following: 

• Hydrazine dicarbonic acid diazide 

• Zinc ethyl, see Diethylzinc 

• Hydrazine dicarbonic acid diazide 

• UN3469 Paint related material, 

flammable, corrosive (including paint 

thinning or reducing compound) 

• UN2484 tert-Butyl isocyanate 

• NA2927 Ethyl phosphonothioic 

dichloride, anhydrous 

• NA2845 Ethyl phosphonous 

dichloride, anhydrous pyrophoric liquid 

• NA2927 Ethyl 

phosphorodichloridate 

• NA2845 Methyl phosphonous 

dichloride, pyrophoric liquid 

• UN1831 Sulfuric acid, fuming 

with 30 percent or more free sulfur 

trioxide 

• NA2448 Sulfur, molten 

• UN2448 Sulfur, molten 

• UN3492 Toxic by inhalation 

liquid, corrosive, flammable, n.o.s. with 

an inhalation toxicity lower than or 

equal to 200 ml/m3 and saturated vapor 

concentration greater than or equal to 

500 LC50 

• UN3493 Toxic by inhalation 

liquid, corrosive, flammable, n.o.s. with 

an inhalation toxicity lower than or 

equal to 1000 ml/m3 and saturated 

vapor concentration greater than or 

equal to 10 LC50 

• UN3488 Toxic by inhalation 

liquid, flammable, corrosive, n.o.s. with 

an inhalation toxicity lower than or 

equal to 200 ml/m3 and saturated vapor 

concentration greater than or equal to 

500 LC50 

• UN3489 Toxic by inhalation 

liquid, flammable, corrosive, n.o.s. with 

an inhalation toxicity lower than or 

equal to 1000 ml/m3 and saturated 

vapor concentration greater than or 

equal to 10 LC50 

• UN3490 Toxic by inhalation 

liquid, water-reactive, flammable, n.o.s. 

with an inhalation toxicity lower than or 

equal to 200 ml/m3 and saturated vapor 

concentration greater than or equal to 

500 LC50 

• UN3491 Toxic by inhalation 

liquid, water-reactive, flammable, n.o.s. 

with an inhalation toxicity lower than or 

equal to 1000 ml/m3 and saturated 

vapor concentration greater than or 

equal to 10 LC50 

On January 28, 2008, PHMSA 

published a final rule under Docket 

Number PHMSA–2005–21812 (HM– 

218D) [73 FR 4699] entitled ‘‘Hazardous 

Materials; Miscellaneous 

Amendments.’’ In this final rule, one of 

the two duplicate entries in the 

§ 172.101 HMT for ‘‘Hydrazine, aqueous 

solution, with more than 37% 

hydrazine, by mass’’ was intended to be 

eliminated. Although one entry in the 

§ 172.101 HMT for ‘‘Hydrazine, aqueous 

solution, with more than 37% 

hydrazine, by mass’’ was deleted, 

during the table revisions of this final 

rule, Columns 5 through 10 for the 


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entries for ‘‘Hydrazine, aqueous 

solution, with more than 37% 

Hydrazine, by mass’’ Packing Groups II 

and III were inadvertently relocated 

below the entry ‘‘Hydrazine dicarbonic 

acid diazide.’’ ‘‘Hydrazine dicarbonic 

acid diazide’’ should not have any 

entries in Columns 5 through 10 as it is 

forbidden for transport in the HMR. The 

appearance of these entries in the 

§ 172.101 HMT is confusing and could 

potentially lead to the mistaken belief 

that ‘‘Hydrazine dicarbonic acid 

diazide’’ is not a forbidden material, 

but, rather authorized for transport as a 

Packing Group II or III material. 

Therefore, in this NPRM, we are 

proposing to remove the Packing Group 

II and III entries for the proper shipping 

name, ‘‘Hydrazine dicarbonic acid 

diazide’’ in the § 172.101 HMT. 

On January 14, 2009, PHMSA 

published a final rule under Docket 

Numbers PHMSA–2007–0065 (HM– 

224D) and PHMSA–2008–0005 (HM– 

215J) [74 FR 220] entitled ‘‘Hazardous 

Materials: Revision to Requirements for 

the Transportation of Batteries and 

Battery-Powered Devices; and 

Harmonization with the United Nations 

Recommendations, International 

Maritime Dangerous Goods Code, and 

International Civil Aviation 

Organization’s Technical Instructions.’’ 

Among other revisions, PHMSA 

removed various specific entries for 

organometallic compounds and 

substances in the § 172.101 HMT 

because these entries were superseded 

by more appropriate generic entries. As 

part of these revisions, the entry for 

‘‘UN1366 Diethylzinc’’ was removed 

from the § 172.101 HMT. However, the 

entry for ‘‘Zinc ethyl, see Diethylzinc’’ 

was inadvertently overlooked. 

In this NPRM, we are proposing to 

remove the proper shipping name, 

‘‘Zinc ethyl, see Diethylzinc’’ since 

‘‘UN1366 Diethylzinc’’ is no longer 

listed in the § 172.101 HMT. Individuals 

offering ‘‘Zinc ethyl’’ should choose one 

of the more appropriate generic entries 

for organometallic compounds and 

substances added to the § 172.101 HMT 

under the January 14, 2009 final rule. 

On January 13, 2009, PHMSA, in 

coordination with the Federal Railroad 

Administration (FRA), published a final 

rule under Docket Number FRA–2006– 

25169 [74 FR 1770], entitled 

‘‘Hazardous Materials: Improving the 

Safety of Railroad Tank Car 

Transportation of Hazardous Materials.’’ 

Among other revisions, this final rule 

revised the HMR to improve the 

crashworthiness protection of railroad 

tank cars designed to transport 

poisonous inhalation hazard (PIH) 

materials. As part of this final rule, the 

§ 172.101 HMT and special provisions 

specified in § 172.102 were amended to 

consolidate and update the special 

provisions applicable to the rail tank car 

transportation of PIH materials. The 

revisions to the § 172.101 HMT were for 

ease of reference only and did not 

substantively change the requirements 

applicable to the transportation of PIH 

materials by railroad tank cars. 

Specifically, special provisions B71, 

B72, and B74 were removed from the 

§ 172.101 HMT and § 172.102, while 

§ 172.244(a) was revised to incorporate 

the language from these eliminated 

special provisions. However, twelve 

additional references to special 

provisions B72, and B74 for selected 

entries in the § 172.101 HMT were not 

removed at the time of publication of 

this final rule. Therefore, in this NPRM, 

PHMSA proposes to make the following 

amendments to the Column (7) special 

provisions of the § 172.101 HMT: 

Special provision B72 is removed 

from Column (7) for the following 

entries: 

UN2484 tert-Butyl isocyanate; 

UN3492 Toxic by inhalation liquid, 

corrosive, flammable, n.o.s. with an 

inhalation toxicity lower than or equal 

to 200 ml/m3 and saturated vapor 

concentration greater than or equal to 

500 LC50; 

UN3488 Toxic by inhalation liquid, 

flammable, corrosive, n.o.s. with an 

inhalation toxicity lower than or equal 

to 200 ml/m3 and saturated vapor 

concentration greater than or equal to 

500 LC50; and 

UN3490 Toxic by inhalation liquid, 

water-reactive, flammable, n.o.s. with an 

inhalation toxicity lower than or equal 

to 200 ml/m3 and saturated vapor 

concentration greater than or equal to 

500 LC50. 

Special provision B74 is removed 

from Column (7) for the following 

entries: 

NA2927 Ethyl phosphonothioic 

dichloride, anhydrous; 

NA2845 Ethyl phosphonous 

dichloride, anhydrous pyrophoric 

liquid; 

NA2927 Ethyl 

phosphorodichloridate; 

NA2845 Methyl phosphonous 

dichloride, pyrophoric liquid; 

UN1831 Sulfuric acid, fuming with 

30 percent or more free sulfur trioxide; 

UN3493 Toxic by inhalation liquid, 

corrosive, flammable, n.o.s. with an 

inhalation toxicity lower than or equal 

to 1000 ml/m3 and saturated vapor 

concentration greater than or equal to 

10 LC50; 

UN3489 Toxic by inhalation liquid, 

flammable, corrosive, n.o.s. with an 

inhalation toxicity lower than or equal 

to 1000 ml/m3 and saturated vapor 

concentration greater than or equal to 

10 LC50; and 

UN3491 Toxic by inhalation liquid, 

water-reactive, flammable, n.o.s. with an 

inhalation toxicity lower than or equal 

to 1000 ml/m3 and saturated vapor 

concentration greater than or equal to 

10 LC50. 

In addition, as discussed above, 

PHMSA proposes to revise the entries 

for ‘‘Sulfur, Molten’’ specified in the 

§ 172.101 HMT to reference special 

provision ‘‘R1.’’ 

Section 172.102 

This section contains the special 

provisions listed in column (7) of the 

§ 172.101 HMT. These special 

provisions contain packaging 

provisions, prohibitions, exceptions 

from requirements for particular 

quantities or forms of materials, and 

requirements or prohibitions applicable 

to specific modes of transportation. In 

this NPRM, PHMSA is proposing 

revisions to the special provisions 

specified in § 172.102 to clarify the 

regulations and correct inadvertent 

errors. 

As discussed above, PHMSA proposes 

to add special provision ‘‘R1’’ to the R 

codes specified in § 172.102(c)(6). This 

new special provision will reference the 

‘‘Molten Sulphur Rail Tank Car 

Guidance’’ document as a resource for 

best practices for the cleaning of tank 

cars containing ‘‘Sulfur, Molten.’’ By 

referencing this document, we believe a 

greater level of safety can be achieved 

when transporting rail tanks cars which 

have held or currently hold molten 

sulfur. 

In this rulemaking, we propose to 

revise special provision 138 to 

harmonize the HMR with the 

International Maritime Dangerous 

Goods (IMDG) code and to clarify that 

the solubility calculation provided in 

special provision 138 should be applied 

when determining when to utilize the 

lead compounds, soluble n.o.s. entry in 

the List of Marine Pollutants found in 

§ 172.101, Appendix B. 

The defining criteria for the solubility 

of a lead compound is specified in 

special provision 138 in § 172.102(c)(1). 

Special provision 138 specifies that a 

lead compound is soluble when it 

exhibits a solubility greater than 5 

percent after being mixed with a 0.07 M 

(molar concentration) of hydrochloric 

acid and is stirred for one hour. If the 

material exhibits a solubility of 5 

percent or less after the test is 

completed, it is considered insoluble 

and not subject to the HMR. The IMDG 

Code identifies ‘‘Lead compounds, 

soluble, n.o.s.,’’ in Columns 4 and 6 of 


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the Dangerous Goods List (DGL; Chapter 

3.2) as a marine pollutant, and 

simultaneously refers to the definition 

for the solubility of lead compounds 

under Chapter 3.3.1, special provision 

199. 

On March 5, 1999, the Research and 

Special Programs Administration 

(RSPA), the predecessor agency to 

PHMSA, published a final rule under 

Docket Number RSPA–98–4185 (HM– 

215C) [64 FR 10741], entitled 

‘‘Harmonization with the United 

Nations Recommendations, 

International Maritime Dangerous 

Goods Code, and International Civil 

Aviation Organization’s Technical 

Instructions.’’ In HM–215C, when 

PHMSA incorporated the IMDG code’s 

definition for ‘‘Lead compounds, 

soluble, n.o.s.,’’ in special provision 138 

into the HMR, our intent was to mirror 

special provision 199 of the IMDG code 

and to permit the definition provided in 

this special provision to apply to both 

the ‘‘lead compounds, soluble n.o.s.’’ 

entry in the § 172.101 HMT and the 

entry in the List of marine pollutants in 

§ 172.101, Appendix B. However, as 

adopted in the HMR, special provision 

138 is unclear with regard to whether 

this criteria applies to marine 

pollutants. 

On December 29, 2006, PHMSA 

published a final rule under Docket 

Number PHMSA–2006–25476 (HM– 

215I) [71 FR 78596], entitled 

‘‘Harmonization with the United 

Nations Recommendations, 

International Maritime Dangerous 

Goods Code, and International Civil 

Aviation Organization’s Technical 

Instructions.’’ The HM–215I final rule 

revised the HMR to maintain alignment 

with international standards by 

incorporating various amendments, 

including changes to proper shipping 

names, hazard classes, packing groups, 

special provisions, packaging 

authorizations, air transport quantity 

limitations, and vessel stowage 

requirements. These revisions also 

harmonized the HMR with certain 

changes to the IMDG Code, the ICAO 

Technical Instructions, and the United 

Nations (UN) Recommendations. As 

part of the revisions in that final rule, 

new entries, ‘‘UN3469, Paint related 

material, flammable, corrosive 

(including paint thinning or reducing 

compound),’’ PG II, and PG III were 

added to the § 172.101 HMT. However, 

these entries were never published in 

subsequent versions of the HMR. 

Therefore, in this NPRM, we are 

proposing to add the entries for ‘‘Paint 

related material, flammable, corrosive 

(including paint thinning or reducing 

compound)’’ UN3469, PG II, and PG III. 

Section 172.203 

Section 172.202 specifies the 

requirements that a shipping 

description of a hazardous material 

must be indicated on a shipping paper. 

On December 29, 2006, PHMSA 

published a final rule under PHMSA– 

06–25476 (HM–215I) [71 FR 78595] that 

permitted the continued use for 

domestic shipments of either one of two 

shipping description sequences in effect 

in the HMR on December 31, 2006, until 

January 1, 2013. Specifically, the HMR 

authorizes the basic description of a 

hazardous material to consist of either 

the identification number first, followed 

by the proper shipping name, hazard 

class, and packing group, or as an 

alternative description sequence, the 

proper shipping name, hazard class, ID 

number and packing group. In addition, 

the basic description described above 

and specified in paragraphs 

§ 172.202(a)(1)–(4) must be shown in the 

sequences described with no additional 

information interspersed. After January 

1, 2013, only the basic shipping 

description sequence consisting of the 

identification number first, followed by 

the proper shipping name, hazard class, 

and packing group (in that order) is 

authorized. 

However, § 172.203 provides 

allowances for a shipping paper to 

contain information in addition to the 

basic shipping description specified in 

§ 172.202. Specifically, § 172.203(e)(1) 

permits that the shipping paper for a 

packaging containing the residue of a 

hazardous material may include the 

words ‘‘RESIDUE: LAST CONTAINED 

* * *’’ in association with the basic 

description of the hazardous material 

last contained in the packaging. Further, 

the shipping papers for tank cars 

containing the residue of a hazardous 

material must include the phrase, 

‘‘RESIDUE: LAST CONTAINED * * *’’ 

before the basic description. While the 

HMR provides such a general provision, 

various international standards provide 

more specific guidance on the location 

of this phrase. Currently the ICAO TI, 

IMDG Code, and UN Model Regulations 

require this phrase, if used, to be placed 

either before or after the basic shipping 

description. 

In this NPRM, PHMSA proposes to 

revise § 172.203(e)(1) to permit the 

shipping paper for a packaging 

containing the residue of a hazardous 

material to include the words 

‘‘RESIDUE: LAST CONTAINED * * *’’ 

before or after the basic shipping 

description of the hazardous material 

last contained in the packaging. PHMSA 

also proposes to remove the language 

‘‘in association with’’ and replace it 

with the language ‘‘before or after’’ to 

align with various international 

standards. This proposed revision 

harmonizes the HMR with the ICAO TI, 

IMDG Code and UN Model Regulations. 

For rail shipments of tank cars, 

§ 172.203(e)(2) requires that the 

description on the shipping paper for a 

tank car containing the residue of a 

hazardous material must include the 

phrase, ‘‘RESIDUE: LAST CONTAINED 

* * *’’ before the basic description. 

Prior to the publication of the HM–215I 

final rule, the proper shipping name 

was the first piece of information 

required in the basic shipping 

description, and therefore, the phrase, 

‘‘RESIDUE: LAST CONTAINED * * *’’ 

preceded the proper shipping name. 

Effective January 1, 2013, rail 

shipments coming from Canada to the 

United States will be unable to comply 

with both the current requirements in 

the HMR for rail tank cars and the 

Transportation of Dangerous Goods 

(TDG) requirements. As stated above, 

after January 1, 2013, the proper 

shipping name will no longer be 

permitted to be the first piece of 

shipping information in the basic 

shipping description. Subsequently, the 

phrase, ‘‘RESIDUE: LAST CONTAINED 

* * *’’ will no longer immediately 

precede the proper shipping name. 

Furthermore the phrase, ‘‘RESIDUE: 

LAST CONTAINED * * *’’ may not be 

inserted into the basic description, as 

§ 172.202(b) specifies the basic shipping 

description may not contain any 

additional information interspersed in 

the sequence described in § 172.202(a). 

Canada’s TDG regulations currently 

permit a residue of hazardous material 

to be described as ‘‘Residue—Last 

Contained’’ or ‘‘Re ́sidu—dernier 

contenu,’’ followed by the shipping 

name of the dangerous goods last 

contained in the means of containment. 

Therefore, in this NPRM, PHMSA 

proposes to revise § 172.203(e)(2) to 

require the description on the shipping 

paper for a tank car containing the 

residue of a hazardous material to 

include the phrase, ‘‘RESIDUE: LAST 

CONTAINED * * *’’ before or after the 

basic shipping description, or 

immediately preceding the proper 

shipping name. This change maintains 

the HMR’s harmonization with the 

ICAO TI, IMDG Code and UN Model 

Regulations while permitting shipments 

transported to, from or within the 

United States to remain in compliance 

with the Canadian TDG shipping paper 

requirements. This revision will foster 

commerce between rail systems in the 

United States and Canada. 


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Section 172.704 

The requirements for hazardous 

materials training are specified in 

§ 172.704. This section includes a 

description of the applicability for 

hazardous materials training, the 

necessary components of a training 

program, and the recurrent training and 

recordkeeping requirements. 

Currently, 49 CFR Part 172, Subpart I 

describes the requirements for security 

plans. Specifically, §§ 172.802(d) and 

172.820(i)(1) require that a copy of the 

security plan must be maintained and 

that security plan documentation be 

made available upon request, at a 

reasonable time and location, to an 

authorized official of the Department of 

Transportation (DOT) or the Department 

of Homeland Security (DHS). 

Similar to the security plan 

requirements, the training requirements 

include a recordkeeping component. 

Specifically, as specified in 

§ 172.704(d), a record of current 

training, inclusive of the preceding 

three years, must be created and 

retained by each hazmat employer for as 

long as that employee is employed by 

that employer as a hazmat employee 

and for 90 days thereafter. However, 

unlike the security plan documentation, 

the HMR currently do not stipulate that 

the training records must be made 

available upon request to authorized 

officials of the DOT or DHS. 

The Federal hazardous materials 

transportation law (Federal hazmat law, 

49 U.S.C. 5101 et seq.) authorizes the 

Secretary of Transportation to prescribe 

regulations for the safe transportation of 

hazardous material in intrastate, 

interstate, and foreign commerce. The 

Secretary has delegated this authority to 

PHMSA. Authority to enforce the HMR 

has been delegated to the Federal 

Aviation Administration ‘‘with 

particular emphasis on the 

transportation or shipment of hazardous 

materials by air;’’ the Federal Railroad 

Administration ‘‘with particular 

emphasis on the transportation or 

shipment of hazardous materials by 

railroad;’’ PHMSA ‘‘with particular 

emphasis on the shipment of hazardous 

materials and the manufacture, 

fabrication, marking, maintenance, 

reconditioning, repair or test of multimodal containers that are represented, 

marked, certified, or sold for use in the 

transportation of hazardous materials;’’ 

and the Federal Motor Carrier Safety 

Administration ‘‘with particular 

emphasis on the transportation or 

shipment of hazardous materials by 

highway’’ (CFR part 1, subpart C). In 

addition, as provided in the Homeland 

Security Act and as defined in a 

Memorandum of Agreement between 

the DHS and the DOT, the United States 

Coast Guard retained the ability to 

enforce the HMR with particular 

emphasis on the transportation or 

shipment of hazardous materials by 

vessel. Thus, enforcement of the HMR, 

including the training regulations, is 

shared among the DOT operating 

administrations, United States Coast 

Guard and DHS, with each placing 

particular emphasis on their respective 

authorities. 

Federal hazmat law, 49 U.S.C. 

5121(b)(2), states that a person subject to 

this law shall make the records, 

property, reports, and information 

available for inspection when the 

Secretary undertakes an investigation or 

makes a request. The completion of 

training in accordance with Subpart H 

of Part 172 is essential for hazmat 

employees handling hazardous 

materials and ensures proper 

compliance with the HMR resulting in 

a greater level of safety. The 

recordkeeping requirements specified in 

§ 172.704(d) allow for hazmat employers 

and PHMSA personnel to verify that 

only individuals knowledgeable in the 

applicable regulations are handling 

hazardous materials. 

In an effort to foster greater 

compliance with the training 

requirements specified in Subpart H of 

Part 172, in this rulemaking we are 

proposing to revise § 172.704(d) to 

require that an employer must make 

hazmat employee training records 

required by Subpart H of Part 172 

available upon request, at a reasonable 

time and location, to an authorized 

official of DOT or DHS. 

Part 173 

Section 173.6 

Section 173.6 specifies the exceptions 

for shipments of materials of trade. A 

material of trade, is defined in § 171.8 

as ‘‘a hazardous material, other than a 

hazardous waste, that is carried on a 

motor vehicle for the purpose of 

protecting the health and safety of the 

motor vehicle operator or passengers; 

for the purpose of supporting the 

operation or maintenance of a motor 

vehicle (including its auxiliary 

equipment); or by a private motor 

carrier (including vehicles operated by a 

rail carrier) in direct support of a 

principal business that is other than 

transportation by motor vehicle.’’ 

Section 173.6 authorizes only specific 

hazard classes and quantities to utilize 

the materials of trade exception. A 

hazardous material that meets the 

definition of a material of trade and is 

transported by motor vehicle in 

conformance with § 173.6 is not subject 

to any other requirements of the HMR 

except for those explicitly set forth or 

referenced in § 173.6. 

PHMSA recently received a request 

for a formal letter of interpretation 

pertaining to the application of the 

materials of trade exception (Reference 

No.: 10–0101). The letter expressed 

confusion and concern regarding 

whether the exception would apply to 

Division 2.1 and Division 2.2 

compressed gas transported in Dewar 

flasks. Dewar flasks are not considered 

cylinders but are often used to transport 

Division 2.2 cryogenic liquids. 

Currently, § 173.6(a)(2) states that a 

Division 2.1 or 2.2 material in a cylinder 

with a gross weight not over 100 kg (220 

pounds), may be transported as a 

material of trade provided it meets the 

definition of a material of trade 

specified in § 171.8 and all other 

requirements of § 173.6. As noted in 

PHMSA’s response to this letter, Dewar 

flasks are permitted to utilize the 

exception specified in § 173.6 provided 

they meet all the requirements of that 

section. PHMSA did not intend to limit 

the materials of trade exception solely to 

Division 2.1 or 2.2 materials packaged 

in cylinders. 

PHMSA acknowledges that this 

requirement needs additional 

clarification, and believes that increased 

clarity will help to ensure the proper 

intended application of the materials of 

trade exception. Therefore, in this 

NPRM, we are proposing to modify 

§ 173.6(a)(2) to clarify that Dewar flasks 

may be transported as materials of trade 

provided these materials meet all the 

requirements specified in § 173.6. 

Section 173.12 

Section 173.12 specifies the 

exceptions for shipment of waste 

materials including the requirements for 

waste packages known as ‘‘lab packs.’’ 

A lab pack, although not specifically 

defined in § 171.8, is considered a large 

outer packaging containing small inner 

packagings that are filled with various 

compatible laboratory hazardous wastes. 

In accordance with § 173.12, a lab pack 

is a combination packaging consisting of 

a glass inner packaging, not exceeding 4 

L (1 gallon) rated capacity, or a metal or 

plastic inner packaging, not exceeding 

20 L (5.3 gallons) rated capacity. Inner 

packagings containing liquid must be 

surrounded by a chemically-compatible 

absorbent material in sufficient quantity 

to absorb the total liquid contents. 

These inner packagings are then further 

packed in specification outer packaging 

and the completed package must not 

exceed a gross weight of 205 kilograms. 

The requirements and regulatory relief 


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provided for the transportation of waste 

hazardous materials under the lab pack 

exception are specified in § 173.12(b) of 

the HMR. 

The requirements for lab packs were 

adopted in a final rule published under 

Docket Number HM–181 entitled, 

‘‘Performance Oriented Packaging 

Standards; Changes to Classification, 

Hazard Communication, Packaging and 

Handling Requirements Based on UN 

Standards and Agency Initiative’’ and 

published on December 21, 1990 [55 FR 

52402]. These requirements were 

adopted to align the HMR with 

regulations on lab packs issued by the 

Environmental Protection Agency. 

The lab packing section was recently 

amended in a final rule published on 

May 14, 2010, in the Federal Register 

under Docket Number PHMSA–2009– 

0289 (HM–233A) [74 FR 53413] entitled, 

‘‘Hazardous Materials: Incorporation of 

Special Permits into Regulations.’’ As 

part of these amendments, certain 

widely-used and longstanding special 

permits that had an established safety 

record were incorporated into the HMR. 

Special Permit DOT SP–13192 was 

among these special permits, and it 

authorized the transport of additional 

hazardous materials not previously 

authorized for transport under § 173.12. 

Specifically, the incorporation of this 

special permit authorized the transport 

of waste Division 4.2, Packing Group 

(PG) I material and Division 5.2 (organic 

peroxide) material in lab packs. 

PHMSA recently received a request 

for a formal letter of interpretation 

pertaining to the recent changes of the 

lab pack exception (Reference No.: 10– 

0233). The writer expressed confusion 

and concern regarding whether the 

amendments of the HM–233A final rule 

authorized the transportation, as lab 

packs, of Division 4.1 and Division 5.2 

materials that were also required to be 

temperature-controlled. PHMSA 

explained that § 173.12(b) permits 

certain waste materials to be placed in 

non-specification packagings which 

conform to the requirements of that 

section. Furthermore, hazardous 

materials placed in lab packs are also 

subject to additional safety control 

measures designed to mitigate the risks 

presented by these materials, such as 

quantity limitations, additional 

packaging, and segregation 

requirements. However, these control 

measures do not eliminate the 

requirement that lab packs containing 

materials required to be temperaturecontrolled must also comply with 

temperature-control requirements 

specified in § 173.21(f)(1). 

PHMSA acknowledges that this 

requirement needs additional 

clarification, and believes that increased 

clarity will help to ensure that 

individuals transporting lab packs 

containing temperature-controlled 

materials are aware that such 

packagings are not excepted from other 

safety measures. Therefore, in this 

NPRM, we are proposing to modify 

§ 173.12 to clarify that temperaturecontrolled materials may be transported 

in lab packs provided these materials 

also meet the requirements in 

§ 173.21(f)(1). 

Section 173.33 

Section 173.33 provides the 

requirements for hazardous materials 

transported in Cargo Tank Motor 

Vehicles (CTMVs). This section 

includes general requirements for 

CTMVs, as well as more specific 

requirements for loading, maximum 

lading pressure, relief systems, and 

closing valves. 

Section 173.33(g) requires each liquid 

filling and liquid discharge line in a 

specification MC 338 cargo tank must be 

provided with a remotely-controlled 

internal self-closing stop valve except 

when the MC 338 cargo tank is used to 

transport argon, carbon dioxide, helium, 

krypton, neon, nitrogen, and xenon. 

The discharge control device 

requirements for a MC 338 cargo tank 

are found in § 178.338–11(b) and state 

that each liquid filling and liquid 

discharge line must be provided with a 

shut-off valve located as close to the 

tank as practicable and, unless the valve 

is manually operable at the valve, the 

line must also have a manual shut-off 

valve. 

PHMSA received a request for a 

formal letter of interpretation regarding 

the current requirements for MC 338 

cargo tanks (Reference No.: 06–0243). 

According to the request, most vacuum 

insulated MC 338 cargo tanks operate at 

temperatures below the reliable 

operating temperature of available 

internal self-closing stop valves, and 

currently no manufacturer builds an 

internal self-closing stop valve that will 

operate reliably at temperatures that 

may reach minus 452 °F. The requestor 

asked if a MC 338 cargo tank is required 

to have a remotely-controlled internal 

self-closing stop valve as specified in 

§ 173.33(g), provided an external stop 

valve is present in accordance with 

§ 178.338–11(b). 

PHMSA does not intend to require a 

remotely-controlled internal self-closing 

stop valve if the MC 338 cargo tank 

already utilizes an external self-closing 

stop valve to meet the requirements in 

§ 178.338–11(b). Therefore, in this 

rulemaking, we are proposing to revise 

the provisions in § 173.33(g) to clarify 

this exception. 

Section 173.62 

Section 173.62 specifies packaging 

requirements for explosives. 

Specifically, § 173.62 provides a table 

that specifies the packaging 

instructions, and corresponding 

authorized inner, intermediate and 

outer packagings based on the assigned 

identification number of the explosive. 

In a final rule published on 

September 13, 2011, under Docket 

Number PHMSA–2011–0134 (HM– 

244D) [76 FR 56304], entitled ‘‘Minor 

Editorial Corrections and 

Clarifications,’’ PHMSA revised 

§ 173.63(c)(5) packaging instruction 130 

to authorize the use of aluminum boxes 

(4B) and natural wood, sift-proof walls 

boxes (4C2). However, the following 

language was inadvertently removed 

from the first column of the packing 

instruction: 

2. Subject to approval by the Associate 

Administrator, large explosive articles, as 

part of their operational safety and suitability 

tests, subjected to testing that meets the 

intentions of Test Series 4 of the UN Manual 

of Tests and Criteria with successful test 

results, may be offered for transportation in 

accordance with the requirements of this 

subchapter.’’ 

PHMSA did not intend to remove this 

portion of the packaging instruction and 

unnecessarily limit the transport of large 

explosive articles. Therefore, in this 

NPRM, PHMSA is proposing to revise 

§ 173.63(c)(5) packing instruction 130 to 

reinstate the language inadvertently 

removed from the first column of 

packing instruction 130. 

Section 173.134 

Section 173.134 provides definitions 

and exceptions for infectious 

substances. Paragraph (c)(2) of this 

section requires a Regulated Medical 

Waste (RMW) that contains Category B 

cultures and stocks to be transported on 

a vehicle ‘‘used exclusively’’ to 

transport RMW. A Category B substance 

is defined as ‘‘an infectious substance 

that is not in a form generally capable 

of causing permanent disability or lifethreatening or fatal disease in otherwise 

healthy humans or animals when 

exposure to it occurs.’’ 

As amended on July 20, 2011, in a 

final rule published under Docket 

Number PHMSA–2009–0151 (HM– 

218F) [76 FR 43510], entitled 

‘‘Miscellaneous Amendments,’’ PHMSA 

revised § 173.134(c)(2) to incorporate 

the clarifications from a March 19, 2007 

letter of interpretation (Ref. No. 07- 

0057). Specifically, PHMSA specified 

that the following materials may be 


emcdonald on DSK29S0YB1PROD with PROPOSALS
24892 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Proposed Rules 

transported on a vehicle used 

exclusively to transport RMW: (1) Plant 

and animal waste regulated by the 

Animal and Plant Health Inspection 

Service (APHIS); (2) waste 

pharmaceutical materials; (3) laboratory 

and recyclable wastes; (4) infectious 

substances that have been treated to 

eliminate or neutralize pathogens; (5) 

forensic materials being transported for 

final destruction; (6) rejected or recalled 

health care products; and (7) documents 

intended for destruction in accordance 

with Health Insurance Portability and 

Accountability Act of 1996 (HIPAA) 

requirements. 

In response to the proposals in the 

HM–218F Notice of Proposed 

Rulemaking, Stericycle commented that 

the rationale underlying PHMSA’s 

decision to authorize the transportation 

of multiple waste streams from medical 

facilities should also apply to other 

regulated activities, specifically to those 

covered under special permit DOT SP– 

13556, which authorizes the 

transportation of sharps in specialized 

containers. At the time of the July 20, 

2011 final rule, PHMSA determined that 

incorporating special permit DOT SP13556 into the HMR was beyond the 

scope of that rulemaking, but this issue 

would be addressed in a future NPRM. 

We are addressing the issue in this 

rulemaking. Therefore, in this NPRM, 

PHMSA is proposing to revise 

§ 173.134(c)(2) to incorporate special 

permit DOT SP–13556 relating to the 

transport of regulated medical waste 

into the HMR. 

Specifically, PHMSA is proposing to 

add the phrase ‘‘sharps containers 

containing sharps’’ to § 173.134(c)(2) to 

permit certain materials to be 

transported on a vehicle used 

exclusively to transport RMW. PHMSA 

is also proposing to include certain 

operational controls for shipments of 

sharps containers that are detailed in 

special permit DOT SP–13556. 

Section 173.150 

Section 173.150 provides exceptions 

from the HMR for certain Class 3 

flammable liquid material. Specifically, 

§ 173.150(d) provides exceptions for 

alcoholic beverages for all modes of 

transport. An alcoholic beverage (as 

defined in 27 CFR §§ 4.10 and 5.11) that 

meets one of three conditions specified 

in § 173.150(d) is not subject to the 

requirements of the HMR for a Class 3 

flammable liquid material. 

Currently, the ICAO Technical 

Instructions (TI) provide exceptions for 

alcoholic beverages transported via 

aircraft in Chapter 3; 3.1.1, Table 3–2, 

special provision A9 and Chapter 8; 

8.1.2 paragraph (l). Specifically, Chapter 

3; 3.1.1 states that alcoholic beverages 

containing not more than 70 percent 

alcohol by volume, when packaged in 

receptacles of 5 liters or less are not 

subject to the ICAO TI when carried by 

cargo aircraft. In addition, as specified 

in Chapter 8; 1.1.2 paragraph (l) of the 

ICAO TI, alcohol beverages with less 

than 24 percent alcohol by volume or 

alcohol beverages in retail packaging 

and alcoholic beverages containing 

more than 24 percent but not more than 

70 percent alcohol by volume in 

receptacles not exceeding 5 liters are 

permitted to be carried by passengers or 

crew in carry-on or checked luggage and 

are not otherwise subject to the ICAO 

TI. 

Generally, the HMR is harmonized 

with the ICAO TI with regard to the 

exceptions provided for alcoholic 

beverages shipped by passenger carrying 

and cargo aircraft. However, for cargo 

aircraft, the HMR does not align with 

the ICAO TI. For example, as specified 

in § 173.150(d), the HMR excepts 

alcoholic beverages in an inner 

packaging of 5 L (1.3 gallons) or less 

from regulation regardless of the alcohol 

percent on cargo aircraft. In contrast, the 

ICAO TI limits this exception to 

alcoholic beverages not exceeding 70 

percent alcohol by volume. This lack of 

harmonization can lead to frustration of 

shipments of these types of materials in 

international air transport. 

Therefore, in this NPRM, we propose 

to revise the exceptions in § 173.150(d) 

to harmonize the alcoholic beverages 

exception via aircraft with the 

requirements in the ICAO TI and to 

restructure the exceptions in 

§ 173.150(d) to provide clarity on the 

requirements for the transport of 

alcoholic beverages by each mode of 

transport including passenger carrying 

and cargo aircraft. Specifically, PHMSA 

proposes to revise § 173.150(d) by 

separating the requirements for 

alcoholic beverages into two 

subparagraphs: one paragraph 

pertaining to the transport of alcoholic 

beverages via motor vehicle, rail, and 

vessel; and one paragraph pertaining to 

the transport of alcoholic beverages via 

air transport. We believe that separating 

the requirements for alcoholic beverages 

by mode promotes clarity and allows for 

the current requirements to remain in 

effect for motor vehicle, rail and vessel 

transport while fully harmonizing the 

air requirements in the HMR with the 

ICAO TI. 

PHMSA proposes to harmonize with 

the ICAO technical instructions by 

stipulating that for transport via cargo 

aircraft, in addition to the current 5 liter 

limitation in the HMR, the alcohol 

beverage must not exceed 70 percent 

alcohol by volume. In addition, we 

propose to move the requirements for 

the transport of alcoholic beverages by 

passenger carrying aircraft by 

passengers and crew into a standalone 

sub-subparagraph to improve clarity. 

A cost may be incurred by the 

alcoholic beverage industry for certain 

high alcohol content (70 percent and 

up) beverages shipped by cargo aircraft 

which are currently excepted from the 

requirements of the HMR. However, 

PHMSA anticipates this cost to the 

alcoholic beverage industry will be 

minimized by three factors. First, due to 

the non-perishable nature of alcoholic 

beverages, the vast majority of alcoholic 

beverages are transported by ground 

transport or, if required to be exported, 

by vessel transport. Second, the majority 

of alcohols and distilled spirits 

manufactured and transported have a 

percentage of alcoholic content of, at, or 

below 40 percent (80 proof). Thus the 

proposed change would affect only a 

small segment of high alcohol content 

liquors. Lastly, in the rare instances 

these beverages are shipped by air, 

many air carriers already require 

compliance with ICAO TI, thus the 

impact of this harmonization should be 

minimal. The derived benefit from this 

revision would be realized from 

increased harmonization with the ICAO 

TI and greater hazard communication 

and packaging standards on high 

content alcoholic beverages which pose 

a risk in transport. A summary of the 

proposed revisions to the requirements 

for alcoholic beverages can be seen in 

the table below. 

Current HMR alcohol beverage 

exceptions 

Current ICAO TI alcohol beverage 

exceptions Proposed HMR change 

Highway ............. (1) Contains 24 percent or less alcohol 

by volume.

N/A ......................................................... No change. Restructure the paragraph. 

(2) Is in an inner packaging of 5 L (1.3 

gallons) or less. 


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Current HMR alcohol beverage 

exceptions 

Current ICAO TI alcohol beverage 

exceptions Proposed HMR change 

(3) Is a Packing Group III alcoholic beverage in a packaging of 250 L (66 

gallons) or less. 

Rail ..................... (1) Contains 24 percent or less alcohol 

by volume.

N/A ......................................................... No change. Restructure the paragraph. 

(2) Is in an inner packaging of 5 L (1.3 

gallons) or less. 

(3) Is a Packing Group III alcoholic beverage in a packaging of 250 L (66 

gallons) or less. 

Vessel ................ (1) Contains 24 percent or less alcohol 

by volume.

N/A ......................................................... No change. Restructure the paragraph. 

(2) Is in an inner packaging of 5 L (1.3 

gallons) or less. 

(3) Is a Packing Group III alcoholic beverage in a packaging of 250 L (66 

gallons) or less. 

Passenger Air .... (1) Contains 24 percent or less alcohol 

by volume.

(2) More than 24 percent and not more 

than 70 percent alcohol by volume 

when in unopened retail packagings 

not exceeding 5 liters (1.3 gallons) 

carried in carry-on or checked baggage, with a total net quantity per 

person of 5 liters (1.3) gallons for 

such beverages.

(1) Contains 24 percent or less alcohol 

by volume.

(2) More than 24 percent and not more 

than 70 percent alcohol by volume 

when in unopened retail packagings 

not exceeding 5 liters (1.3 gallons) 

carried in carry-on or checked baggage, with a total net quantity per 

person of 5 liters (1.3) gallons for 

such beverages.

No change. Restructure the paragraph. 

Cargo Air ........... (1) Contains 24 percent or less alcohol 

by volume.

(2) Is in an inner packaging of 5 L (1.3 

gallons) or less. 

(1) Contains 24 percent or less alcohol 

by volume.

(2) Alcoholic beverages not exceeding 

70 percent alcohol content by volume 

when packaged in 5 liters or less. 

An upper limit of 70 percent alcohol by 

volume is proposed to be added to 

alcoholic beverages shipped by cargo 

aircraft to harmonize with the ICAO 

requirements. 

Section 173.159a 

Section 173.159 specifies 

requirements for the transportation of 

wet batteries, including non-spillable 

batteries. Further exceptions for nonspillable batteries are specified in 

§ 173.159a. If certain transport 

conditions specified in §§ 173.159 and 

173.159a are met, such as specific 

packaging and securement 

requirements, non-spillable batteries are 

excepted from the HMR. 

In a final rule published on January 

14, 2009, under Docket Nos. PHMSA– 

2007–0065 (HM–224D) and PHMSA– 

2008–0005 (HM–215J) [74 FR 2200], 

entitled ‘‘Hazardous Materials: Revision 

to Requirements for the Transportation 

of Batteries and Battery-Powered 

Devices; and Harmonization With the 

United Nations Recommendations, 

International Maritime Dangerous 

Goods Code, and International Civil 

Aviation Organization’s Technical 

Instructions,’’ PHMSA amended 

§ 173.159(f) to describe the conditions 

under which a battery is considered 

‘‘non-spillable,’’ and relocated the 

exceptions pertaining to non-spillable 

batteries from §§ 173.159(d) and 

173.159(f), to a new § 173.159a. 

However, when these exceptions were 

relocated, PHMSA inadvertently 

required that excepted non-spillable 

batteries must be securely packaged in 

strong outer packagings. This 

modification, in essence, prohibited 

excepted batteries from being palletized 

or placed on a skid. Therefore, in this 

NPRM, PHMSA is proposing to revise 

§ 173.159a(c)(1) to except from the 

packaging requirements of § 173.159, 

non-spillable batteries that are secured 

to skids or pallets and capable of 

withstanding the shocks normally 

incident to transportation, provided the 

batteries meet the requirements of 

§ 173.159(a) and are loaded or braced so 

as to prevent damage and short circuits 

in transit. Further, any other material 

loaded in the same vehicle must be 

blocked, braced, or otherwise secured to 

prevent contact with or damage to the 

batteries. 

Part 177 

Section 177.834 

Section 177.834 provides the general 

requirements for the loading and 

unloading of vehicles intended to 

transport hazardous materials via 

ground transportation. Paragraph (j) of 

this section requires CTMVs to be 

transported with all valves and other 

closures in liquid discharge systems to 

be closed and free of leaks unless 

transported in accordance with the 

requirements for empty packages 

specified in § 173.29(b)(2). 

The provision specified in § 177.834(j) 

was added on May 30, 1996, in a final 

rule published under Docket Number 

HM–222B [61 FR 27166] to consolidate 

the closure requirements for cargo tanks 

transporting Class 3 (flammable liquid) 

materials, Class 8 (corrosive) materials, 

and Division 6.1 (poisonous) materials. 

This rule inadvertently overlooked the 

impact the closure requirement would 

have on MC 338 cargo tanks that 

transport cryogenic liquids. These tanks 

have external self-closing valves that are 

normally transported in an open 

position and are designed to close with 

a tremendous amount of force to ensure 

proper closure. Subsequently, these 

valves require a large amount of force 

and effort to open. As a result, the 

potential for physical injury to 

employee personnel is increased and 

the ability of the valve system to operate 

is potentially compromised as a result of 

repeated cycling (opening, closing, and 

testing). 

Therefore, in this NPRM, we propose 

to revise § 177.834(j) to permit external 

emergency self-closing valves on MC 

338 cargo tanks containing residues of 

cryogenic liquids to remain either open 

or closed during transit. 


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Part 178 

Section 178.2 

Section 178.2 specifies the 

responsibilities of the manufacturer or 

other person certifying compliance with 

the specification packaging 

requirements of Part 178. As part of 

these requirements, the manufacturer or 

other person certifying compliance with 

the requirements of Part 178 must 

provide both notification to each person 

to whom a packaging is transferred of all 

requirements in Part 178 not met at the 

time of transfer, and closure 

requirements for the packaging. These 

closure requirements include 

information specifying the type(s) and 

dimensions of the closures, including 

gaskets and any other components 

needed to ensure that 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. 

A package, as defined in § 171.8, 

‘‘means a packaging plus its contents.’’ 

Ensuring that a package is closed in a 

manner which precludes the release of 

a hazardous material is essential to safe 

transportation, regardless of whether the 

package is completely filled or contains 

only residue. In accordance with 

§ 173.29, an empty packaging containing 

only the residue of a hazardous material 

must be offered for transportation and 

transported in the same manner as when 

it previously contained a greater 

quantity of that hazardous material. 

This includes properly closing the 

packaging for transportation and 

providing closure notification 

requirements to each person whom a 

packaging is transferred in accordance 

with § 178.2(c). 

In April 2006, PHMSA received a 

request (Reference No.: 06–0123) 

seeking clarification of the closure 

notification requirements specified in 

§ 178.2(c) for packages containing 

residues. In response, we indicated that 

packages containing residues must meet 

the notification requirements of 

§ 178.2(c) and that we would clarify this 

issue in a future rulemaking. 

In this rulemaking, PHMSA is 

addressing this issue by proposing to 

revise § 178.2(c) to clarify that the 

notification requirements apply to 

packagings containing a residue of a 

hazardous materials unless these 

packagings of hazardous materials meet 

the exceptions provided in § 173.29(b). 

This clarification will ensure packages 

containing residues are properly closed 

and increase compliance with the intent 

of this regulation. This increased 

compliance should also result in fewer 

packages being improperly closed, and 

thereby reduce the potential for leaks in 

transportation. 

Certain CTMVs require as part of their 

specification both a CTMV 

manufacturer’s data report and a 

certificate stating that the completed 

cargo tank motor vehicle conforms in all 

respects to the appropriate specification 

and the American Society of Mechanical 

Engineers (ASME) Code. Section 

178.2(c) currently excepts CTMVs 

which require a manufacturer’s data 

report and certificate from the 

notification requirements. Specifically, 

§ 178.2(c) states that CTMV’s in 

compliance with §§ 178.337–18 and 

178.345–10 are excepted from the 

notification requirements specified in 

§ 178.2(c). The current reference to 

§ 178.345–10 in paragraph § 178.2 (c) 

refers to pressure relief, not the CTMV 

manufacturer’s data report and 

certificates for DOT 406, 407 and 412 

(CTMVs), and is in error. The correct 

citation should read § 178.345–15, 

which refers to the manufacturer’s data 

report and certification of DOT 406, 407 

and 412 CTMVs. In addition, it was 

brought to PHMSA’s attention that a 

reference to a MC 338 cargo tank 

manufacturer’s data report certificate in 

§ 178.338–19 is missing in § 178.2(c). 

We agree and believe that a reference 

to a MC 338 cargo tank manufacturer’s 

data report certificate would be 

appropriate in § 178.2(c). Therefore, in 

this rulemaking, we propose to correct 

these errors and omissions by replacing 

the reference to § 178.345–10 with 

§ 178.345–15 and adding a reference to 

§ 178.338–19. 

Appendix E to Part 178 

Appendix E to Part 178 describes the 

Flame Penetration Resistance Test 

referenced throughout the HMR with 

regard to the outer packaging for 

chemical oxygen generators and 

cylinders containing compressed 

oxygen. This appendix specifies 

requirements for the Flame Penetration 

Resistance Test and includes criteria for 

acceptance of a passing test result, a 

summary of the test method and 

procedure, details on the preparation of 

test specimens, and construction and 

calibration specifications for the test 

equipment. 

On January 31, 2007, PHMSA 

published a final rule under docket 

number RSPA–04–17664 (HM–224B) 

[72 FR 4442] entitled ‘‘Transportation of 

Compressed Oxygen, Other Oxidizing 

Gases and Chemical Oxygen Generators 

on Aircraft,’’ which included 

amendments that changed packaging 

and marking requirements for air 

shipments of compressed oxygen 

cylinders and chemical oxygen 

generators. As of October 1, 2009, 

certain compressed gases shipped by 

air, and chemical oxygen generators 

must be placed in a rigid outer 

packaging demonstrated to withstand 

both flame penetration and thermal 

resistance testing requirements. 

Appendix E specifies the procedures 

to follow to conduct the Flame 

Penetration Resistance Test. The test 

procedure is described in sections (g)(2) 

of this Appendix and references a 

‘‘Figure 1,’’ but HMR, Figure 1 is 

omitted. In sections (d)(3) and (f)(2) of 

this Appendix, the design and 

calibration of the calorimeter is 

described and refers to a ‘‘Figure 2,’’ but 

Figure 2 is also omitted. Therefore, in 

this NPRM, PHMSA is proposing to add 

Figures 1 and 2 that were referenced but 

inadvertently omitted from Appendix E. 

Part 180 

Section 180.416 

Section 180.416 details the 

requirements for a discharge system 

inspection and maintenance program for 

cargo tanks transporting liquefied 

compressed gases. Specifically, 

§ 180.416 applies to operators using 

specification MC 330, MC 331, and nonspecification cargo tanks authorized 

under § 173.315(k) for transportation of 

liquefied compressed gases other than 

carbon dioxide. As part of the discharge 

system inspection specified in this 

section, the operator must visually 

inspect each delivery hose assembly at 

least once each calendar month in 

which the delivery hose assembly is in 

service and keep a record of each 

inspection. In accordance with 

§ 180.416(d), that record must include 

the inspection date, the name of the 

person performing the inspection, the 

hose assembly identification number, 

the company name, the date the hose 

was assembled and tested, and an 

indication that the delivery hose 

assembly and piping system passed or 

failed the tests and inspections. 

There has been some confusion 

among the regulated community 

pertaining to the requirement to include 

‘‘the company name’’ in the record as 

specified in § 180.416(d). Specifically, 

there was concern over whether ‘‘the 


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company name’’ refers to the name of 

the operator or the name of the 

manufacturer of the hose. 

In this NPRM, PHMSA proposes to 

revise § 180.416(d) to clarify that the 

reference to the ‘‘company name’’ on the 

inspection record is the name of the 

hose manufacturer. We believe this 

proposed revision will clarify the 

requirement for discharge system 

inspection records, resulting in more 

accurate records for specification MC 

330, MC 331, and non-specification 

cargo tanks authorized under 

§ 173.315(k) transporting of liquefied 

compressed gases other than carbon 

dioxide. 

III. Regulatory Analyses and Notices 

A. Statutory/Legal Authority for This 

Rulemaking 

This NPRM is published under 

authority of Federal hazardous materials 

transportation law (Federal hazmat law; 

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

of Federal hazmat law authorizes the 

Secretary of Transportation to prescribe 

regulations for the safe transportation, 

including security, of hazardous 

materials in intrastate, interstate, and 

foreign commerce. If adopted as 

proposed, this NPRM would make 

miscellaneous amendments to the HMR. 

In addition, if adopted as proposed, this 

NPRM would correct errors in the 

hazardous materials table and 

corresponding special provisions, 

clarify the requirements for lab packing 

temperature controlled materials and 

clarify various cargo tank provisions 

and revise the training requirements to 

require that a hazmat employer must 

make hazmat employee training records 

available upon request to an authorized 

officials. These amendments clarify 

regulatory requirements and, where 

appropriate, decrease the regulatory 

burden without compromising the safe 

transportation of hazardous materials in 

commerce. 

B. Executive Order 12866, Executive 

Order 13563 and DOT Regulatory 

Policies and Procedures 

This proposed rule is not considered 

a significant regulatory action under 

section 3(f) and was not reviewed by the 

Office of Management and Budget 

(OMB). The proposed rule is not 

considered a significant rule under the 

Regulatory Policies and Procedures 

order issued by the Department of 

Transportation [44 FR 11034]. 

In this notice of proposed rulemaking, 

we propose to amend miscellaneous 

provisions in the HMR to clarify the 

provisions and to relax overly 

burdensome requirements. PHMSA 

anticipates the proposals contained in 

this rule will have economic benefits to 

the regulated community. This NPRM is 

designed to increase the clarity of the 

HMR, thereby increasing voluntary 

compliance while reducing compliance 

costs. 

Executive Order 13563 is 

supplemental to and reaffirms the 

principles, structures, and definitions 

governing regulatory review that were 

established in Executive Order 12866 

Regulatory Planning and Review of 

September 30, 1993. In addition, 

Executive Order 13563 specifically 

requires agencies to: (1) Involve the 

public in the regulatory process; (2) 

promote simplification and 

harmonization through interagency 

coordination; (3) identify and consider 

regulatory approaches that reduce 

burden and maintain flexibility; (4) 

ensure the objectivity of any scientific 

or technological information used to 

support regulatory action; and (5) 

consider how to best promote 

retrospective analysis to modify, 

streamline, expand, or repeal existing 

rules that are outmoded, ineffective, 

insufficient, or excessively burdensome. 

In this NPRM, PHMSA has involved 

the public in the regulatory process in 

a variety of ways. Specifically, in this 

rulemaking PHMSA is addressing issues 

and errors that were identified and 

tagged for future rulemaking 

consideration in letters of interpretation 

issued to the regulated community and 

through other correspondence with 

PHMSA stakeholders. In addition, 

PHMSA has responded to the TSI’s 

request to incorporate a guidance 

document designed to assist the sulphur 

industry in ensuring the safe transport 

of molten sulphur (P–1581). PHMSA is 

asking for public comments based on 

the proposals in this NPRM. Upon 

receipt of public comment, PHMSA will 

address all substantive comments in the 

next rulemaking action under this 

docket number. 

The amendments in the NPRM 

promote simplification and 

harmonization through interagency 

coordination. Specifically, in this 

NPRM, PHMSA is simplifying the lab 

packing requirements, the hazardous 

materials table and special provisions 

and the requirements for cargo tank 

transportation. These revisions are 

expected to produce a safety benefit 

derived from the increased clarity and 

reduced ambiguity in the special 

provisions to the § 172.101 HMT, and 

the lab packaging and cargo tank 

requirements of the HMR. There are 

minimal additional costs. The clarity 

will result in net benefits. 

This NPRM also promotes 

harmonization with international 

standards, such as the IMDG Code, 

Canada’s TDG requirements and the 

ICAO TI with regard to the handling of 

‘‘Lead compounds, soluble n.o.s.’’ via 

vessel, rail shipments of residue 

between the United States and Canada 

and alcoholic beverages via aircraft. 

These revisions to the § 172.101 HMT 

will eliminate errors in the § 172.101 

HMT, reduce ambiguity, harmonize the 

HMR with international regulations, and 

improve clarity. Many of these revisions 

were brought to PHMSA’s attention 

through letters of interpretation 

requested from the regulated 

community. Although these revisions 

are minor, they are expected to produce 

a safety benefit derived from the 

increased clarity and accuracy of the 

text in the § 172.101 HMT. 

This NPRM proposes approaches that 

reduce the regulatory burden on the 

regulated community, allows for 

flexibility in achieving compliance and 

maintains an appropriate level of safety. 

This NPRM permits flexibility in 

achieving compliance when 

transporting cargo tanks while 

maintaining an appropriate level of 

safety. This NPRM also incorporates a 

special permit DOT SP–13556 that has 

a strong record of safety. Incorporating 

this permit into the HMR will provide 

wider access to the benefits of the 

provisions granted in this special 

permit, therefore, fostering greater 

regulatory flexibility without 

compromising transportation safety. 

A majority of the amendments in this 

rulemaking are simple clarifications and 

do not require significant scientific or 

technological information. However, 

when necessary in this NPRM, PHMSA 

used scientific or technological 

information to support its regulatory 

action. Specifically, such data was 

considered when structuring 

alternatives on how to best deal with 

issues regarding the safe transport of 

cargo tanks and the transport of 

alcoholic beverages with greater than 70 

percent alcohol by volume via cargo 

aircraft. This information was used in 

the evaluation of alternative proposals 

and ultimately this information 

determined how best to promote 

retrospective analysis to modify and 

streamline existing requirements that 

are outmoded, ineffective, insufficient, 

or excessively burdensome. 

C. Executive Order 13132 

This proposed rule was analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). This proposed 

rule would preempt state, local and 


emcdonald on DSK29S0YB1PROD with PROPOSALS
24896 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Proposed Rules 

Indian tribe requirements but does not 

propose any regulation that has 

substantial direct effects on the states, 

the relationship between the national 

government and the states, or the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, the 

consultation and funding requirements 

of Executive Order 13132 do not apply. 

The Federal hazardous material 

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

contains an express preemption 

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

preempting state, local, and Indian tribe 

requirements on certain covered 

subjects. Covered subjects are: 

(i) The designation, description, and 

classification of hazardous materials; 

(ii) The packing, repacking, handling, 

labeling, marking, and placarding of 

hazardous materials; 

(iii) The preparation, execution, and 

use of shipping documents related to 

hazardous materials and requirements 

related to the number, content, and 

placement of those documents; 

(iv) The written notification, 

recording, and reporting of the 

unintentional release in transportation 

of hazardous materials; or 

(v) The design, manufacture, 

fabrication, marking, maintenance, 

reconditioning, repair, or testing of a 

packaging or container which is 

represented, marked, certified, or sold 

as qualified for use in the transport of 

hazardous materials. 

This proposed rule concerns the 

classification, packaging, and handling 

of hazardous materials, among other 

covered subjects. If adopted, this rule 

would preempt any state, local, or 

Indian tribe requirements concerning 

these subjects unless the non-Federal 

requirements are ‘‘substantively the 

same’’(see 49 CFR 107.202(d) as the 

Federal requirements.) 

Federal hazardous materials 

transportation law provides at 49 U.S.C. 

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

regulation concerning any of the 

covered subjects, PHMSA must 

determine and publish in the Federal 

Register the effective date of Federal 

preemption. That effective date may not 

be earlier than the 90th day following 

the date of issuance of the final rule and 

not later than two years after the date of 

issuance. PHMSA proposes the effective 

date of federal preemption be 90 days 

from publication of a final rule in this 

matter in the Federal Register. 

D. Executive Order 13175 

This proposed rule has been analyzed 

in accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this proposed rule does not 

have tribal implications and does not 

impose substantial direct compliance 

costs on Indian tribal governments, the 

funding and consultation requirements 

of Executive Order 13175 do not apply, 

and a tribal summary impact statement 

is not required. 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

The Regulatory Flexibility Act (5 

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

review regulations to assess their impact 

on small entities unless the agency 

determines the rule is not expected to 

have a significant impact on a 

substantial number of small entities. 

This proposed rule would amend 

miscellaneous provisions in the HMR to 

clarify provisions based on our 

PHMSA’s initiatives and 

correspondence with the regulated 

community. While maintaining safety, it 

would relax certain requirements that 

are overly burdensome. The proposed 

changes are generally intended to 

provide relief to shippers, carriers, and 

packaging manufacturers, including 

small entities. 

Consideration of alternative proposals 

for small businesses. The Regulatory 

Flexibility Act directs agencies to 

establish exceptions and differing 

compliance standards for small 

businesses, where it is possible to do so 

and still meet the objectives of 

applicable regulatory statutes. In the 

case of hazardous materials 

transportation, it is not possible to 

establish exceptions or differing 

standards and still accomplish our 

safety objectives. 

The impact of this proposed rule is 

not expected to be significant. The 

proposed changes are generally 

intended to provide relief to shippers, 

carriers, and packaging manufactures 

and testers, including small entities. 

This relief will provide marginal 

positive economic benefits to shippers, 

carriers, and packaging manufactures 

and testers, including small entities 

however; these benefits are not at a level 

that can be considered economically 

significant. Therefore, this proposed 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

This proposed rule has been 

developed in accordance with Executive 

Order 13272 (‘‘Proper Consideration of 

Small Entities in Agency Rulemaking’’) 

and DOT’s procedures and policies to 

promote compliance with the 

Regulatory Flexibility Act to ensure that 

potential impacts of draft rules on small 

entities are properly considered. 

F. Paperwork Reduction Act 

This proposed rule does not impose 

any new information collection 

requirements and in three instances 

marginally decreases the information 

collection burden on the reregulated 

community. Specifically the following 

information collections affected by this 

rulemaking are: 

• Office of Management and Budget 

(OMB) Control Number 2137–0051; 

Rulemaking and Special Permit 

Petitions: A slight reduction in 

information collection burden is 

anticipated due to the incorporation of 

a DOT SP–13556 into § 173.134. This 

permit will allow individuals more 

flexibility when transporting sharps and 

decrease the need for special permits 

applications when transporting sharps 

as regulated medical wastes. 

• OMB Control Number 2137–0034; 

Hazardous Materials Shipping Papers 

and Emergency Response Information: 

A negligible reduction in information 

collection burden due to relaxation of 

the shipping paper description 

requirements for residues specified in 

§ 172.203. Specifically, this will allow 

individuals more flexibility on the 

shipping paper descriptions when 

shipping waste internationally, and will 

correct a regulatory inconsistency 

between the HMR and Canadian 

Hazardous materials regulations, 

fostering international transport of 

residues. 

• OMB Control Number 2137–0557; 

Approvals for Hazardous Materials: A 

slight reduction in information 

collection burden is anticipated due to 

relaxation of approval submittal 

requirements specified in § 105.40. 

Specifically, this relaxation will permit 

individuals wishing to apply with 

PHMSA to be an approved designated 

agent to submit their applications either 

by standard mail or electronic mail. 

Currently, the HMR only permits 

submission through standard mail. This 

change will result in a decrease in 

duplicate hard copies submitted to 

PHMSA as well as a decrease in the 

processing time for such applications. 

G. Regulation Identifier Number (RIN) 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. The RIN number contained in the 

heading of this document can be used 

to cross-reference this action with the 

Unified Agenda. 


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H. Unfunded Mandates Reform Act 

This proposed rule does not impose 

unfunded mandates under the 

Unfunded Mandates Reform Act of 

1995. It does not result in costs of 

$141,300,000 or more to either state, 

local, or tribal governments, in the 

aggregate, or to the private sector, and 

is the least burdensome alternative that 

achieves the objective of the rule. 

I. Environmental Assessment 

The National Environmental Policy 

Act, 42 U.S.C. 4321–4375, requires 

federal agencies to analyze proposed 

actions to determine whether the action 

will have a significant impact on the 

human environment. The Council on 

Environmental Quality (CEQ) 

regulations require federal agencies to 

conduct an environmental review 

considering: (1) The need for the 

proposed action; (2) alternatives to the 

proposed action; (3) probable 

environmental impacts of the proposed 

action and alternatives; and (4) the 

agencies and persons consulted during 

the consideration process. PHMSA 

proposes to make miscellaneous 

amendments to the HMR based on 

PHMSA’s own initiatives including a 

review of the HMR, previous letters of 

interpretation and special permits we 

issued. The proposed amendments are 

intended to update, clarify, or provide 

relief from certain existing regulatory 

requirements to promote safer 

transportation practices; eliminate 

unnecessary regulatory requirements; 

facilitate international commerce; and 

make these requirements easier to 

understand. 

Description of Action: 

Docket No. PHMSA–2011–0138 (HM– 

218G), NPRM 

Transportation of hazardous materials 

in commerce is subject to requirements 

in the HMR, issued under authority of 

Federal hazardous materials 

transportation law, codified at 49 U.S.C. 

5001 et seq. To facilitate the safe and 

efficient transportation of hazardous 

materials in international commerce, the 

HMR provide that both domestic and 

international shipments of hazardous 

materials may be offered for 

transportation and transported under 

provisions of the international 

regulations. 

Proposed Amendments to the HMR: 

In this NPRM, PHMSA is proposing 

to: 

• Permit designated agents for nonresidents to submit designation requests 

by electronic mail in addition to 

traditional mail. 

• Add the TSI ‘‘Molten Sulphur Rail 

Tank Car Guidance’’ document to the 

list of informational materials not 

requiring incorporation by reference in 

§ 171.7. 

• Revise the § 172.101 HMT to correct 

an error in the transportation 

requirements for entries listed under the 

proper shipping name, ‘‘Hydrazine 

Dicarbonic Acid Diazide.’’ 

• Revise the § 172.101 HMT to 

remove the entry for ‘‘Zinc ethyl, see 

Diethylzinc’’ which was superseded by 

proper shipping names adopted in a 

previous rulemaking. 

• Revise special provision 138 in 

§ 172.102 to clarify the lead solubility 

calculation utilized for classification of 

material as a Marine Pollutant. 

• Remove references to special 

provisions B72 and B74 in § 172.102. 

These special provisions were removed 

in a previous rulemaking, however, 

twelve entries in the § 172.101 HMT 

still contain references to these special 

provisions. 

• Revise the shipping paper 

requirements in § 172.203(e) to permit 

the phrase ‘‘Residue last contained’’ to 

be placed before or after the basic 

shipping description sequence, or for 

rail shipment, directly preceding the 

proper shipping name in the basic 

shipping description sequence. 

• Update the training recordkeeping 

requirements in § 172.704 to specify that 

a hazardous materials (hazmat) 

employer must make hazmat employee 

training records available upon request, 

at a reasonable time and location, to an 

authorized official of the Department of 

Transportation or the Department of 

Homeland Security. 

• Clarify that the material of trade 

exception in § 173.6 may be used when 

transporting Division 2.1 and 2.2 gases 

in Dewar flasks. 

• Clarify the lab pack provisions in 

§ 173.12 pertaining to temperaturecontrolled materials contained in a lab 

pack. 

• Clarify the exceptions for external 

emergency self-closing valves on 

CTMVs in § 173.33(g) to specify that 

external emergency self-closing valves 

on MC 338 cargo tanks containing 

cryogenic liquids may remain open 

during transportation. 

• Correct an inadvertent deletion of 

the § 173.62 packaging requirements for 

explosives. 

• Incorporate DOT SP–13556 into 

§ 173.134, to authorize the 

transportation by motor vehicle of 

certain regulated medical wastes, 

designated as sharps, in non-DOT 

specification containers fitted into 

wheeled racks. 

• Revise the requirements for cargo 

air transport of alcoholic beverages 

§ 173.150 to harmonize with the ICAO 

TI. 

• Clarify the exceptions in § 173.159a 

for non-spillable batteries secured to 

skids or pallets. 

• Revise § 178.2(c) to clarify the 

applicability of the notification 

requirements for packages containing 

residues. 

• Clarify the inspection record 

requirements in § 180.416 for discharge 

systems of cargo tanks transporting 

liquefied compressed gases. 

• Clarify the requirements for the 

Flame Penetration Resistance test 

required for chemical oxygen generators 

and certain compressed gases in 

Appendix E to Part 178. 

Alternatives Considered: 

Alternative (1): Do nothing. 

Our goal is to update, clarify and 

provide relief from certain existing 

regulatory requirements to promote 

safer transportation practices, eliminate 

unnecessary regulatory requirements, 

and facilitate international commerce. 

We rejected the do-nothing alternative. 

Alternative (2): Go forward with the 

proposed amendments to the HMR in 

this NPRM. 

This is the selected alternative. 

Environmental Consequences 

Hazardous materials are substances 

that may pose a threat to public safety 

or the environment during 

transportation because of their physical, 

chemical, or nuclear properties. The 

hazardous materials regulatory system is 

a risk management system that is 

prevention oriented and focused on 

identifying a safety hazard and reducing 

the probability and quantity of a 

hazardous material release. Hazardous 

materials are categorized by hazard 

analysis and experience into hazard 

classes and packing groups. The 

regulations require each shipper to 

classify a material in accordance with 

these hazard classes and packing 

groups. The process of classifying a 

hazardous material is itself a form of 

hazard analysis. Further, the regulations 

require the shipper to communicate a 

material’s hazards through use of the 

hazard class, packing group, and proper 

shipping name on the shipping paper 

and the use of labels on packages and 

placards on transport vehicles. Thus, 

the shipping paper, labels, and placards 

communicate the most significant 

findings of the shipper’s hazard 

analysis. A hazardous material is 

assigned to one of three packing groups 

based upon its degree of hazard, from a 

high hazard, Packing Group I to a low 


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hazard, Packing Group III material. The 

quality, damage resistance, and 

performance standards of the packaging 

in each packing group are appropriate 

for the hazards of the material 

transported. 

Under the HMR, hazardous materials 

are transported by aircraft, vessel, rail, 

and highway. The potential for 

environmental damage or contamination 

exists when packages of hazardous 

materials are involved in accidents or en 

route incidents resulting from cargo 

shifts, valve failures, package failures, 

loading, unloading, collisions, handling 

problems, or deliberate sabotage. The 

release of hazardous materials can cause 

the loss of ecological resources (e.g. 

wildlife habitats) and the contamination 

of air, aquatic environments, and soil. 

Contamination of soil can lead to the 

contamination of ground water. 

Compliance with the HMR substantially 

reduces the possibility of accidental 

release of hazardous materials. 

Conclusion 

PHMSA proposes to make 

miscellaneous amendments to the HMR 

based on comments from the regulated 

community and PHMSA’s own 

rulemaking initiatives. The proposed 

amendments are intended to update, 

clarify, or provide relief from certain 

existing regulatory requirements to 

promote safer transportation practices; 

eliminate unnecessary regulatory 

requirements; facilitate international 

commerce; and make these 

requirements easier to understand. 

These proposed clarifications of 

regulatory requirements, if adopted, will 

foster a greater level of compliance with 

the HMR and thus, diminished levels of 

hazardous materials transportation 

incidents affecting the health and safety 

of the environment. Therefore, the net 

environmental impact of this proposal 

will be positive. 

J. Privacy Act 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

document (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477), or you may visit http:// 

www.regulations.gov/search/footer/ 

privacyanduse.jsp. 

K. International Trade Analysis 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing any standards or 

engaging in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards are not 

considered unnecessary obstacles to the 

foreign commerce of the United States, 

so long as the standards have a 

legitimate domestic objective, such as 

the protection of safety, and do not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. PHMSA notes the 

purpose is to ensure the safety of the 

American public, and has assessed the 

effects of this rule to ensure that it does 

not exclude imports that meet this 

objective. As a result, this proposed rule 

is not considered as creating an 

unnecessary obstacle to foreign 

commerce. 

List of Subjects 

49 CFR Part 105 

Administrative practice and 

procedure, Hazardous materials 

transportation, Penalties, Reporting and 

recordkeeping requirements. 

49 CFR Part 171 

Exports, Hazardous materials 

transportation, Hazardous waste, 

Imports, Incorporation by reference, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 172 

Education, Hazardous materials 

transportation, Hazardous waste, 

Incorporation by reference, Labeling, 

Markings, Packaging and containers, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 173 

Hazardous materials transportation, 

Incorporation by reference, Packaging 

and containers, Radioactive materials, 

Reporting and recordkeeping 

requirements, Uranium. 

49 CFR Part 177 

Hazardous materials transportation, 

Loading and unloading, Segregation and 

separation. 

49 CFR Part 178 

Hazardous materials transportation, 

Incorporation by reference, Motor 

vehicle safety, Packaging and 

containers, Reporting and recordkeeping 

requirements. 

49 CFR Part 180 

Hazardous materials transportation, 

Motor carriers, Motor vehicle safety, 

Packaging and containers, Railroad 

safety, Reporting and recordkeeping 

requirements. 

In consideration of the foregoing, we 

propose to amend 49 CFR chapter I as 

follows: 

PART 105—HAZARDOUS MATERIALS 

PROGRAM PROCEDURES 

1. The authority citation for part 105 

continues to read as follows: 

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

1.53. 

2. In § 105.40, paragraph (d) is revised 

to read as follows: 

§ 105.40 Designated agents for nonresidents. 

* * * * * 

(d) Each designation must be 

submitted to: Approvals and Permits 

Division, Pipeline and Hazardous 

Materials Safety Administration, Attn: 

PHH–30, U.S. Department of 

Transportation, East Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590–0001 or by electronic mail to: 

specialpermits@dot.gov or 

approvals@dot.gov as appropriate. 

* * * * * 

PART 171—GENERAL INFORMATION, 

REGULATIONS, AND DEFINITIONS 

3. The authority citation for part 171 

continues to read as follows: 

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

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

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

section 31001. 

4. In § 171.7, in the paragraph (b) 

table, the following entry is added: 

§ 171.7 Reference material. 

(b) * * * 


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Source and name of material 49 CFR reference 

*******

The Sulphur Institute, 1140 Connecticut Avenue NW., Washington, DC 20036 

Molten Sulphur Rail Tank Car Guidance document, November 2011 final edition ......................................................... 172.102 

* * * * * * * 

* * * * * PART 172—HAZARDOUS MATERIALS 

TABLE, SPECIAL PROVISIONS, 

HAZARDOUS MATERIALS 

COMMUNICATIONS, EMERGENCY 

RESPONSE INFORMATION, AND 

TRAINING REQUIREMENTS 

5. The authority citation for part 172 

continues to read as follows: 

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

CFR 1.53. 

6. In § 172.101, the Hazardous 

Materials Table is amended by removing 

the entries under ‘‘[REMOVE]’’, by 

adding the entries under ‘‘[ADD]’’ and 

revising entries under ‘‘[REVISE]’’ in the 

appropriate alphabetical sequence to 

read as follows: 

§ 172.101 Purpose and use of hazardous 

materials table. 

* * * * * 


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MATERIALS

TABLE

Symbols 

Hazardous materials 

descriptions and 

proper shipping 

names 

Hazard 

class or 

division 

Identification 

numbers 

PG Label codes 

Special 

provisions 

(§ 172.102) 

(8) 

Packaging 

(§ 173.***) 

(9) 

Quantity limitations 

(10) 

Vessel stowage 

Exceptions Non-bulk Bulk 

Passenger 

aircraft/rail 

Cargo aircraft only Location Other 

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

[REMOVE] 

* * * * * * * 

Hydrazine dicarbonic acid 

diazide.

Forbidden 

II ............... 8, 6.1 ........ B16, B53, 

IB2, T7, TP2, TP13.

None ................ 202 ........... 243 ........... Forbidden 30 L .......... D ............... 40 ............. II 

III .............. 8, 6.1 ........ B16, B53, 

IB3, T4, TP1.

154 ................... 203 ........... 241 ........... 5 L ............ 60 L .......... D ............... 40 ............. III 

* * * * * * * 

Zinc ethyl, see Diethylzinc.

* * * * * * * 

[ADD] 

* * * * * * * 

Hydrazine dicarbonic acid 

diazide.

Forbidden * * * * * * * 

Paint related material, 

flammable, corrosive (including paint thinning or reducing compound).

3 UN3469 .... II ............... 3, 8 ............. IB2, T7, TP2, 

TP8, TP28.

150 ........... 202 ........... 243 ........... 1 L ............ 5 L ............ B ............... 40 

III .............. 3, 8 ............. IB3, T4, TP1, 

TP29.

150 ........... 203 ........... 242 ........... 5 L ............ 60 L .......... A ............... 40 

* * * * * * * 

[REVISE] 

* * * * * * * 

tert-Butyl isocyanate ........ 6.1 UN2484 .... I ................ 6.1, 3 .......... 1, B9, B14, 

B30, T20, TP2, TP13, TP38, TP44.

None ......... 226 ........... 244 ........... Forbidden Forbidden D ............... 40 

* * * * * * * 

D ................. Ethyl phosphonothioic dichloride, anhydrous. 6.1 NA2927 .... I ................ 6.1, 8 .......... 2, B9, B14, B32, T20, 

TP4, TP12, TP13, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 40 

D ................. Ethyl phosphonous dichloride, anhydrous 

pyrophoric liquid.

6.1 NA2845 .... I ................ 6.1, 4.2 ....... 2, B9, B14, 

B32, T20, TP4, TP12, TP13, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 18 

D ................. Ethyl 

phosphorodichloridate.

6.1 NA2927 .... I ................ 6.1, 8 .......... 2, B9, B14, 

B32, T20, TP4, TP12, TP13, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 40 


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*******

D ................. Methyl phosphonous dichloride, pyrophoric liquid. 6.1 NA2845 .... I ................ 6.1, 4.2 ....... 2, B9, B14, B16, B32, T20, TP4, 

TP12, TP13, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 18 

*******

+ ................. Sulfuric acid, fuming with 

30 percent or more free sulfur trioxide.

8 UN1831 .... I ................ 8, 6.1 .......... 2, B9, B14, 

B32, B77, B84, N34, T20, TP2, TP12, TP13.

None ......... 227 ........... 244 ........... Forbidden Forbidden C ............... 14, 40 

*******

D ................. Sulfur, molten .................. 9 NA2448 .... III .............. 9 ................. 30, B13, IB3, 

R1, T1, TP3.

None ......... 213 ........... 247 ........... Forbidden Forbidden C ............... 61 

I .................. Sulfur, molten .................. 4.1 UN2448 .... III .............. 4.1 .............. 30, B13, IB1, 

R1 T1, TP3.

None ......... 213 ........... 247 ........... Forbidden Forbidden C ............... 74 

*******

G ................. Toxic by inhalation liquid, 

corrosive, flammable, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m3 and saturated vapor concentration greater than or equal to 500 LC50.

6.1 UN3492 .... I ................ 6.1, 8, 3 ...... 1, B9, B14, 

B30, T22, TP2, TP13, TP27, TP38, TP44.

None ......... 226 ........... 244 ........... Forbidden Forbidden D ............... 40, 125 

G ................. Toxic by inhalation liquid, 

corrosive, flammable, n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m3 and saturated vapor concentration greater than or equal to 10 LC50.

6.1 UN3493 .... I ................ 6.1, 8, 3 ...... 2, B9, B14, 

B32, T20, TP2, TP13, TP27, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 40, 125 

G ................. Toxic by inhalation liquid, 

flammable, corrosive, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m3 and saturated vapor concentration greater than or equal to 500 LC50.

6.1 UN3488 .... I ................ 6.1, 3, 8 ...... 1, B9, B14, 

B30, T22, TP2, TP13, TP27, TP38, TP44.

None ......... 226 ........... 244 ........... Forbidden Forbidden D ............... 40, 125 

G ................. Toxic by inhalation liquid, 

flammable, corrosive, n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m3 and saturated vapor concentration greater than or equal to 10 LC50.

6.1 UN3489 .... I ................ 6.1, 3, 8 ...... 2, B9, B14, 

B32, T20, TP2, TP13, TP27, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 40, 125 


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MATERIALS

TABLE—Continued 

Symbols 

Hazardous materials 

descriptions and 

proper shipping 

names 

Hazard 

class or 

division 

Identification 

numbers 

PG Label codes 

Special 

provisions 

(§ 172.102) 

(8) 

Packaging 

(§ 173.***) 

(9) 

Quantity limitations 

(10) 

Vessel stowage 

Exceptions Non-bulk Bulk 

Passenger 

aircraft/rail 

Cargo aircraft only Location Other 

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

*******

G ................. Toxic by inhalation liquid, 

water-reactive, flammable, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m3 and saturated vapor concentration greater than or equal to 500 LC50.

6.1 UN3490 .... I ................ 6.1, 4.3, 3 ... 1, B9, B14, 

B30, T22, TP2, TP13, TP27, TP38, TP44.

None ......... 226 ........... 244 ........... Forbidden Forbidden D ............... 21, 28, 40, 

49 

G ................. Toxic by inhalation liquid, 

water-reactive, flammable, n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m3 and saturated vapor concentration greater than or equal to 10 LC50.

6.1 UN3491 .... I ................ 6.1, 4.3, 3 ... 2, B9, B14, 

B32, T20, TP2, TP13, TP27, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 21, 28, 40, 

49 

* * * * * * * 


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* * * * * 

7. In § 172.102, special provision 138 

is added in paragraph (c)(1) and special 

provision R1 in paragraph (c)(6) is 

revised to read as follows: 

§ 172.102 Special Provisions. 

* * * * * 

(c) * * * 

(1) * * * 

138 This entry applies to lead 

compounds which, when mixed in a 

ratio of 1:1,000 with 0.07 M (Molar 

concentration) hydrochloric acid and 

stirred for one hour at a temperature of 

23 °C ± 2 °C, exhibit a solubility of more 

than 5 percent. Lead compounds which, 

when mixed in a ratio of 1:1,000 with 

0.07 M (Molar concentration) 

hydrochloric acid and stirred for one 

hour at a temperature of 23 °C ± 2 °C, 

exhibit a solubility of 5 percent or less 

are not subject to the requirements of 

this subchapter unless they meet criteria 

as another hazard class or division. Lead 

compounds that have a solubility of 5 

percent or less in accordance with this 

special provision are not subject to the 

requirements of this subchapter that 

pertain to Marine Pollutants. 

* * * * * 

(6) * * * 

R1 A person who offers for 

transportation tank cars containing 

sulfur, molten or residue of sulfur, 

molten may reference the Sulphur 

Institute’s, ‘‘Molten Sulphur Rail Tank 

Car Guidance document’’ (see § 171.7 of 

this subchapter) to indentify tank cars 

that may pose a risk in transportation 

due to the accumulation of molten 

sulfur on the outside of the tank. 

* * * * * 

8. In § 172.203 paragraph (e) is revised 

to read as follows: 

§ 172.203 Additional description 

requirements. 

* * * * * 

(e) * * * (1) The description on the 

shipping paper for a packaging 

containing the residue of a hazardous 

material may include the words 

‘‘RESIDUE: Last Contained * * * ’’ 

immediately before or after the basic 

shipping description on the shipping 

paper. 

(2) The description on the shipping 

paper for a tank car containing the 

residue of a hazardous material must 

include the phrase, ‘‘RESIDUE: LAST 

CONTAINED * * *’’ immediately 

before or after the basic shipping 

description or immediately preceding 

the proper shipping name of the 

material on the shipping paper. 

9. In § 172.704, paragraph (d) is 

revised to read as follows: 

§ 172.704 Training requirements. 

* * * * * 

(d) Recordkeeping. Each hazmat 

employer must create and retain a 

record of current training of each 

hazmat employee, inclusive of the 

preceding three years, in accordance 

with this section for as long as that 

employee is employed by that employer 

as a hazmat employee and for 90 days 

thereafter. A hazmat employer must 

make a hazmat employee’s record of 

current training available upon request, 

at a reasonable time and location, to an 

authorized official of the Department of 

Transportation or the Department of 

Homeland Security. The record must 

include: 

* * * * * 

PART 173—SHIPPERS—GENERAL 

REQUIREMENTS FOR SHIPMENTS 

AND PACKAGINGS 

10. The authority citation for part 173 

continues to read as follows: 

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

CFR 1.45 and 1.53. 

11. In § 173.6, paragraph (a)(2) is 

revised to read as follows: 

§ 173.6 Materials of trade exceptions. 

* * * * * 

(a) * * * 

(2) A Division 2.1 or 2.2 material in 

a cylinder with a gross weight not over 

100 kg (220 pounds), in a Dewar flask 

meeting the requirements of § 173.320, 

or a permanently mounted tank 

manufactured to the ASME Code of not 

more than 70 gallon water capacity for 

a non-liquefied Division 2.2 material 

with no subsidiary hazard. 

* * * * * 

12. In § 173.12, paragraph (b)(3) is 

revised to read as follows: 

§ 173.12 Exceptions for shipment of waste 

materials. 

* * * * * 

(b) * * * 

(3) Prohibited materials. The 

following waste materials may not be 

packaged or described under the 

provisions of this paragraph (b): a 

material poisonous-by-inhalation, a 

temperature controlled material unless 

it complies with § 173.21(f)(1), a 

Division 6.1, Packing Group I material, 

chloric acid, and oleum (fuming sulfuric 

acid). 

* * * * * 

13. In § 173.33, paragraph (g) is 

revised to read as follows: 

§ 173.33 Hazardous materials in cargo 

tank motor vehicles. 

* * * * * 

(g) Remote control of self-closing stop 

valves—MC 330, MC 331 and MC 338 

cargo tanks. Each liquid or vapor 

discharge opening in an MC 330 or MC 

331 cargo tank and each liquid filling 

and liquid discharge line in an MC 338 

cargo tank must be provided with a 

remotely controlled internal self-closing 

stop valve, except when an MC 330 or 

MC 331 cargo tank is marked and used 

exclusively to transport carbon dioxide, 

or except when an MC 338 is used to 

transport argon, carbon dioxide, helium, 

krypton, neon, nitrogen, and xenon, or 

except when an MC 338 utilizes an 

external self-closing stop valve to 

comply with the requirements in 

§ 178.338–11(b). However, if the cargo 

tank motor vehicle was certified before 

January 1, 1995, this requirement is 

applicable only when an MC 330 or MC 

331 cargo tank is used to transport a 

flammable liquid, flammable gas, 

hydrogen chloride (refrigerated liquid), 

or anhydrous ammonia; or when an MC 

338 cargo tank is used to transport 

flammable ladings. 

* * * * * 

14. In § 173.62, in paragraph (c)(5), in 

the Table of Packing Methods, Packing 

Instructions 130 is revised to read as 

follows: 

§ 173.62 Specific packaging requirements 

for explosives. 

* * * * * 

(c) * * * 

(5) * * * 


emcdonald on DSK29S0YB1PROD with PROPOSALS
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TABLE OF PACKING METHODS

Packaging instruction Inner packagings Intermediate 

packagings Outer packaging 

*******

130 ........................................................................

Particular Packaging Requirements: 

1. The following applies to UN 0006, 0009, 

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

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

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

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

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

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

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

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

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

0451, 0459 and 0488. Large and robust 

explosives articles, normally intended for 

military use, without their means of initiation or with their means of initiation containing at least two effective protective 

features, may be carried unpackaged. 

When such articles have propelling 

charges or are self-propelled, their ignition 

systems must be protected against stimuli 

encountered during normal conditions of 

transport. A negative result in Test Series 

4 on an unpackaged article indicates that 

the article can be considered for transport 

unpackaged. Such unpackaged articles 

may be fixed to cradles or contained in 

crates or other suitable handling devices..

2. Subject to approval by the Associate Administrator, large explosive articles, as 

part of their operational safety and suitability tests, subjected to testing that 

meets the intentions of Test Series 4 of 

the UN Manual of Tests and Criteria with 

successful test results, may be offered for 

transportation in accordance with the requirements of this subchapter.

Not necessary ....... Not necessary ....... Boxes. Steel (4A). Aluminum (4B) Wood natural, 

ordinary (4C1). Wood natural, sift-proof walls 

(4C2) Plywood (4D). Reconstituted wood (4F). 

Fiberboard (4G). Plastics, expanded (4H1). 

Plastics, solid (4H2). Drums. Steel, removable 

head (1A2). Aluminum, removable head (1B2). 

Plywood (1D). Fiber (1G). Plastics, removable 

head (1H2). Large Packagings. Steel (50A) 

Aluminum (50B) Metal other than steel or aluminum (50N) Rigid plastics (50H) Natural 

wood (50C) Plywood (50D) Reconstituted 

wood (50F) Rigid fiberboard (50G). 

*******

15. In § 173.134, paragraph (c)(2) is 

revised to read as follows: 

§ 173.134 Class 6, Division 6.2— 

Definitions and exceptions. 

* * * * * 

(c) * * * 

(2) * * * 

(viii) Documents intended for 

destruction in accordance with the 

Health Insurance Portability and 

Accountability Act of 1996 (HIPAA) 

requirements; 

(ix) Medical or clinical equipment 

and laboratory products provided they 

are properly packaged and secured 

against exposure or contamination; and 

(x) Sharps in sharp containers 

provided the containers are securely 

closed to prevent leaks or punctures; do 

not exceed 18 gallons capacity; 

registered under the Medical Device 

Regulations of FDA; made of puncture 

resistant plastic that meets ASTM 

Standard F2132–01, Standard 

Specification for Puncture Resistance of 

Materials Used in Containers for 

Discarded Medical Needles and Other 

Sharps; and are securely fitted into 

wheeled racks that hold them in an 

upright position. The wheeled racks 

must contain full rows of sharps 

containers secured in place by a 

moveable bar; and must be securely 

held in place on the motor vehicle by 

straps or load bars during 

transportation. No shelf in any wheeled 

rack may exceed the manufacturer’s 

recommended load capacity. 

* * * * * 

16. In § 173.150, paragraph (d) is 

revised to read as follows: 

§ 173.150 Exceptions for Class 3 

(flammable and combustible liquids). 

* * * * * 

(d) Alcoholic beverages. (1) An 

alcoholic beverage (wine and distilled 

spirits as defined in 27 CFR §§ 4.10 and 

5.11), when transported via motor 

vehicle, vessel, or rail, is not subject to 

the requirements of this subchapter if 

the alcoholic beverage: 

(i) Contains 24 percent or less alcohol 

by volume; 

(ii) Is contained in an inner packaging 

of 5 L (1.3 gallons) or less; or 

(iii) Is a Packing Group III alcoholic 

beverage contained in a packaging 250 

liters (66 gallons) or less; 

(2) An alcoholic beverage (wine and 

distilled spirits as defined in 27 CFR 

§§ 4.10 and 5.11), when transported via 

aircraft, is not subject to the 

requirements of this subchapter if the 

alcoholic beverage: 

(i) Contains 24 percent or less alcohol 

by volume; 

(ii) For transportation aboard a 

passenger-carrying aircraft, contains 

more than 24 percent but less than 70 

percent alcohol by volume when in 

unopened retail packagings not 

exceeding 5 liters (1.3 gallons) carried in 


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carry-on or checked baggage, with a 

total net quantity per person of 5 liters 

(1.3 gallons) (See § 175.10(a)(4)). 

(iii) For transportation aboard a cargo 

aircraft contains more than 24 percent 

but less than 70 percent alcohol by 

volume in an inner packaging of 5 L (1.3 

gallons) or less. 

* * * * * 

17. In § 173.159a, paragraph (c)(1) is 

revised to read as follows: 

§ 173.159a Exceptions for non-spillable 

batteries. 

* * * * * 

(c) Non-spillable batteries are 

excepted from the packaging 

requirements of § 173.159 under the 

following conditions: 

(1) Non-spillable batteries must be 

securely packed in strong outer 

packagings or secured to skids or pallets 

capable of withstanding the shocks 

normally incident to transportation. The 

batteries must meet the requirements of 

§ 173.159(a), be loaded or braced so as 

to prevent damage and short circuits in 

transit, and any other material loaded in 

the same vehicle must be blocked, 

braced, or otherwise secured to prevent 

contact with or damage to the batteries. 

A non-spillable battery which is an 

integral part of and necessary for the 

operation of mechanical or electronic 

equipment must be securely fastened in 

the battery holder on the equipment. 

* * * * * 

PART 177—CARRIAGE BY PUBLIC 

HIGHWAY 

18. The authority citation for part 177 

continues to read as follows: 

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

1.53. 

19. In § 177.834, paragraph (j)(2) is 

revised to read as follows: 

§ 177.834 General requirements. 

* * * * * 

(j) * * * 

(2) All valves and other closures in 

liquid discharge systems are closed and 

free of leaks, except external emergency 

self-closing valves on MC 338 cargo 

tanks containing the residue of 

cryogenic liquids may remain either 

open or closed during transit. 

* * * * * 

PART 178—SPECIFICATIONS FOR 

PACKAGINGS 

20. The authority citation for part 178 

continues to read as follows: 

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

1.53. 

21. In § 178.2, paragraph (c)(1) is 

revised to read as follows: 

§ 178.2 Applicability and responsibility. 

* * * * * 

(c) Notification. (1) Except as 

specifically provided in §§ 178.337–18, 

178.338–19 and 178.345–15 of this part 

or for empty packagings meeting the 

requirements specified in§ 173.29(b), 

the manufacturer or other person 

certifying compliance with the 

requirements of this part, and each 

subsequent distributor of that packaging 

must: 

* * * * * 

22. In Appendix E to part 178 Figure 

1 and Figure 2 are added following the 

text. 

Appendix E to Part 178—Flame 

Penetration Resistance Test 

* * * * * 

BILLING CODE 4910–60–P 


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BILLING CODE 4910–60–C 


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BILLING CODE 4910–60–C 

PART 180—CONTINUING 

QUALIFICATION AND MAINTENANCE 

OF PACKAGINGS 

23. The authority citation for part 180 

continues to read as follows: 

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

1.53. 

24. In § 180.416, paragraph (d)(5) is 

revised to read as follows: 

§ 180.416 Discharge system inspection 

and maintenance program for cargo tanks 

transporting liquefied compressed gases. 

* * * * * 

(d) * * * 

(5) The operator must note each 

inspection in a record. That record must 

include the inspection date, the name of 

the person performing the inspection, 

the hose assembly identification 

number, the manufacturer of the hose 

assembly, the date the hose was 

assembled and tested, and an indication 

that the delivery hose assembly and 

piping system passed or failed the tests 

and inspections. A copy of each test and 

inspection record must be retained by 

the operator at its principal place of 

business or where the vehicle is housed 

or maintained until the next test of the 

same type is successfully completed. 

* * * * * 

Issued in Washington, DC, on April 19, 

2012, under authority elegated in 49 CFR part 

106. 

R. Ryan Posten, 

Deputy Associate Administrator for 

Hazardous Materials Safety, Pipeline and 

Hazardous Materials Safety Administration. 

[FR Doc. 2012–9895 Filed 4–25–12; 8:45 am] 

BILLING CODE 4910–60–P 


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