Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 27205 

(c) No station may transmit with a 

transmitter power output exceeding 200 

W PEP: 

* * * * * 

(2) On the 3.525–3.60 MHz, 7.025– 

7.125 MHz, 21.025–21.20 MHz, and 

28.0–28.5 MHz segment when the 

control operator is a Novice Class, 

Technician Class, or Technician Plus 

Class operator; or 

* * * * * 

(i) No station may transmit with an 

effective radiated power (ERP) 

exceeding 50 W PEP on the 60 m band. 

For the purpose of computing ERP, the 

transmitter PEP will be multiplied by 

the antenna gain relative to a dipole or 

the equivalent calculation in decibels. A 

half-wave dipole antenna will be 

presumed to have a gain of 1. Licensees 

using other antennas must maintain in 

their station records either the antenna 

manufacturer data on the antenna gain 

or calculations of the antenna gain. 

[FR Doc. 2010–11385 Filed 5–13–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 105, 107, 171, 173, 174, 

176, 177, and 179 

[Docket No. PHMSA–2009–0289 (HM–233A)] 

RIN 2137–AE39 

Hazardous Materials: Incorporation of 

Special Permits Into Regulations 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Final rule. 

SUMMARY: The Pipeline and Hazardous 

Materials Safety Administration is 

amending the Hazardous Materials 

Regulations to incorporate provisions 

contained in certain widely used or 

longstanding special permits that have 

an established safety record. Special 

permits allow a company or individual 

to package or ship a hazardous material 

in a manner that varies from the 

regulations so long as an equivalent 

level of safety is maintained. The 

revisions in this final rule are intended 

to provide wider access to the regulatory 

flexibility offered in special permits and 

eliminate the need for numerous 

renewal requests, thus reducing 

paperwork burdens and facilitating 

commerce while maintaining an 

appropriate level of safety. 

DATES: Effective Dates: The effective 

date of these amendments is October 1, 

2010. 

Voluntary Compliance: Voluntary 

compliance with the provisions of this 

final rule is authorized June 14, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Eileen Edmonson or Dirk Der Kinderen, 

Office of Hazardous Materials 

Standards, (202) 366–8553, or Diane 

LaValle, Office of Hazardous Materials 

Special Permits and Approvals, (202) 

366–4535, Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), 1200 New Jersey Avenue, 

SE., Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Overview of Amendments 

III. Summary Review of Amendments 

IV. Regulatory Analyses and Notices 

I. Background 

The Pipeline and Hazardous Materials 

Safety Administration (PHMSA) is 

amending the Hazardous Materials 

Regulations (HMR; 49 CFR Parts 171– 

180) to incorporate certain requirements 

based on existing special permits (SPs) 

issued by PHMSA under 49 CFR Part 

107, Subpart B (§§ 107.101 to 107.127). 

A special permit sets forth alternative 

requirements—or a variance—to the 

requirements in the HMR in a way that 

achieves a safety level at least equal to 

the safety level required under the 

regulations or that is consistent with the 

public interest. Congress expressly 

authorized DOT to issue these variances 

in the Hazardous Materials 

Transportation Act of 1975. 

The HMR generally are performance 

oriented regulations, which provide the 

regulated community with a certain 

amount of flexibility in meeting safety 

requirements. Even so, not every 

transportation situation can be 

anticipated and built into the 

regulations. Innovation is a strength of 

our economy and the hazardous 

materials community is particularly 

strong at developing new materials and 

technologies and innovative ways of 

moving materials. Special permits 

enable the hazardous materials industry 

to quickly, effectively, and safely 

integrate new products and technologies 

into production and the transportation 

stream. Thus, special permits provide a 

mechanism for testing new 

technologies, promoting increased 

transportation efficiency and 

productivity, and ensuring global 

competitiveness. Hazardous materials 

transported under the terms of a special 

permit must achieve a level of safety at 

least equal to the level of safety 

achieved when transported under the 

HMR. Implementation of new 

technologies and operational techniques 

enhances safety because the authorized 

operations or activities may achieve a 

greater level of safety than currently 

required under the regulations. Special 

permits also reduce the volume and 

complexity of the HMR by addressing 

unique or infrequent transportation 

situations that would be difficult to 

accommodate in regulations intended 

for use by a wide range of shippers and 

carriers. 

PHMSA conducts ongoing reviews of 

special permits to identify widely used 

and longstanding special permits with 

an established safety record for 

conversion into regulations of broader 

applicability. Converting these special 

permits into regulations reduces 

paperwork burdens and facilitates 

commerce while maintaining an 

acceptable level of safety. Additionally, 

adoption of special permits as rules of 

general applicability provides wider 

access to the benefits and regulatory 

flexibility of the provisions granted in 

the special permits. Factors that 

influence whether or not a specific 

special permit is a candidate for 

regulatory action include the safety 

record for hazardous materials 

transported or operations conducted 

under a special permit; potential broad 

application of a special permit; 

suitability of provisions in the special 

permit for incorporation into the HMR; 

rulemaking activity in related areas; and 

agency priorities. 

Several of the special permits 

addressed in this final rule have 

hundreds of party status grantees. Party 

status is granted to a person who would 

like to offer for transport or transport a 

hazardous material, or perform an 

operation in association with a 

hazardous material in the same manner 

as the original applicant. Several special 

permits addressed in this final rule 

provide for the manufacture, marking, 

sale and use of certain packagings for 

transportation of hazardous materials. 

These manufacturing special permits are 

issued to the packaging manufacturer 

and provide for use of the packagings by 

hundreds and possibly thousands of 

distributors and users. 

The amendments in this final rule 

will eliminate the need for 

approximately 510 current grantees to 

reapply for renewal of 44 special 

permits every four years and for PHMSA 

to process those renewal applications. 

These amendments also apply to any 

special permits this agency issues 

during the development of this final 

rule whose provisions are identical in 

every respect to those described in the 

rulemakings issued under this docket. 

To emphasize this, we preface the 


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description of the affected special 

permits with the wording ‘‘include’’ or 

‘‘includes’’ to clarify that additional 

special permits other than those 

specifically listed in this final rule may 

be incorporated under these 

amendments. 

Incorporation of the special permits 

into the HMR also eliminates a 

significant paperwork burden. As a 

condition of a special permit issued by 

PHMSA and depending on the 

provisions of the special permit, a copy 

of each special permit must be: (1) 

Maintained at each facility where an 

operation is conducted or a packaging is 

manufactured under a special permit; 

(2) maintained at each facility where a 

package is offered or re-offered for 

transportation under a special permit; 

and (3) in some cases, carried aboard 

each transport vehicle used to transport 

a hazardous material under a special 

permit. 

II. Notice of Proposed Rulemaking 

On December 22, 2009, PHMSA 

published a notice of proposed 

rulemaking (NPRM; 75 FR 68004) 

proposing to incorporate a number of 

special permits into the HMR. The 

proposed revisions included the 

following: 

• Authorize cargo vessel 

transportation for salvage cylinders 

containing damaged or leaking 

packagings under § 173.3. 

• Allow liquid contents in quantities 

greater than 10% of the capacity in a 

mechanical displacement meter prover 

to the extent that draining of the meter 

prover is impracticable under § 173.5a. 

• Authorize the transport of waste 

Division 4.2, Packing Group (PG) I 

material and Division 5.2 (organic 

peroxide) material in lab packs under 

§ 173.12. 

• Allow the use of alternative outer 

packagings for waste lab packs and 

require use of UN standard steel or 

plastic drums (at the PG I performance 

level) as the outer packaging for waste 

Division 4.2, PG I material and as an 

overpack for Division 6.1, PG I, Hazard 

Zone A material under § 173.12. 

• Except waste hazardous materials, 

packaged in lab packs and meeting 

additional conditions, and Division 6.1 

PG I (Hazard Zone A) material packaged 

in accordance with § 173.226(c) from 

certain segregation and marking 

requirements under § 173.12. 

• Allow variation in the packing 

method for packagings prepared in 

accordance with § 173.13. 

• Authorize, for certain hazardous 

materials, external visual inspection of 

the rupture disc in a non-reclosing 

pressure relief device of a rail tank car 

without requiring removal of the 

rupture disc § 173.31. 

• Authorize the transportation of 

certain specially designed radiation 

detectors containing a Division 2.2 (nonflammable gas) material under a new 

section § 173.310. 

• Allow a greater gross weight 

limitation for packages used for the 

transport of aerosols for purposes of 

recycling or disposal under § 173.306. 

• Allow rail tank cars to exceed the 

gross weight on rail limitations upon 

approval from the Federal Railroad 

Administration (FRA) under § 179.13. 

• Eliminate several requirements for 

submitting duplicate copies of 

applications for special permit, party 

status, or renewal when the applications 

are submitted electronically. 

• Require certification of 

understanding of a special permit for 

persons submitting an application for 

party status to a special permit. 

The following companies and 

organizations submitted comments on 

the NPRM: 

(1) Alcoa (Alcoa) 

(2) All-Pak (All-Pak) 

(3) Arkema, Inc. (Arkema) 

(4) The Association of American 

Railroads (AAR) 

(5) Baker Petrolite Corporation (BPC) 

(6) The Chlorine Institute (CI) 

(7) E.I. DuPont de Nemours and 

Company (Dupont) 

(8) Fibre Box Association (FBA) 

(9) National Association of Chemical 

Distributors (NACD) 

(10) Utility Solid Waste Activities 

Group (USWG) 

(11) Western Regional Group (WRG) 

The commenters generally supported 

the proposals in the NPRM. Some 

commenters opposed the incorporation 

of certain special permits. A detailed 

discussion of the comments follows. 

(Note that comments beyond the scope 

of this rulemaking are not addressed in 

this final rule.) 

III. Summary Review of Amendments 

A. Salvage Cylinders 

Damaged or leaking cylinders 

containing a Division 2.1, 2.2, 2.3, or 

6.1, or Class 3 or 8 material may be 

overpacked in a salvage cylinder and 

transported by motor vehicle for repair 

or disposal (see § 173.3(d)). In the 

NPRM, PHMSA proposed to permit 

salvage cylinders to also be transported 

by cargo vessel for purposes of repair or 

disposal, consistent with the provisions 

of DOT–SP 14168. One commenter (CI) 

supported the proposal; no commenters 

opposed the proposal. We are adopting 

the amendment as proposed. 

B. Meter Provers 

A mechanical displacement meter 

prover (meter prover) is a mechanical 

device, permanently mounted on a truck 

or trailer, consisting of a piping system 

that is used to calibrate the accuracy 

and performance of meters that measure 

the quantity of product being pumped 

or transferred at facilities such as 

drilling locations, refineries, tank farms 

and loading racks. Section 173.5a(b) 

excepts meter provers from specification 

packaging requirements in Part 178 of 

the HMR provided the meter provers 

conform to certain conditions. In a final 

rule published January 24, 2005, under 

Docket No. RSPA–03–16370 (HM–233) 

(70 FR 3302), the Research and Special 

Programs Administration, the 

predecessor agency to PHMSA, 

incorporated several special permits 

concerning meter provers into § 173.5a. 

As provided by § 173.5a(b), a meter 

prover is excepted from the 

specification packaging requirements 

when, among other criteria, the liquid 

content of the meter prover does not 

exceed 10% of capacity (see 

§ 173.5a(b)(2)(i)). PHMSA subsequently 

issued a special permit to allow 

transport of meter provers containing 

flammable liquids in quantities greater 

than 10% of capacity when conditions 

make draining of the liquid 

impracticable. This special permit was 

based on information that (1) facilities 

or equipment used to drain and reinject 

the meter provers may not be readily 

available while in the field; (2) 

alternatives such as using DOT 

specification cargo tanks as meter 

provers or accompanying a meter prover 

with DOT specification cargo tanks 

filled with liquids drained from the 

meter prover are cost prohibitive; and 

(3) there is a record of safe 

transportation of meter provers under 

provisions from special permits 

previously adopted into the HMR. In the 

NPRM, PHMSA proposed to allow 

meter provers to retain flammable liquid 

contents in quantities greater than 10% 

of capacity to the extent that draining 

the contents to 10% or less is 

impracticable. The affected special 

permits include DOT–SP 14405. No 

commenters addressed this proposal; 

therefore, in this final rule, PHMSA is 

adopting the provision as proposed. 

Additionally, for consistency with use 

of the acronym ‘‘MAWP’’ (meaning 

maximum allowable working pressure) 

in other provisions of the HMR, in 

§ 173.5a, paragraph (b)(2)(iv), in this 

final rule, PHMSA is revising the 

wording ‘‘maximum service pressure’’ to 

read ‘‘MAWP.’’ Finally, for greater 

understanding and use of the provisions 


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Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 27207 

of § 173.5a(b), we are adding a 

definition for ‘‘Mechanical displacement 

meter prover’’ in § 171.8. The definition 

reads: ‘‘Mechanical displacement meter 

prover means a mechanical device used 

in the oilfield service industry 

consisting of a pipe assembly that is 

used to calibrate the accuracy and 

performance of meters that measure the 

quantities of a product being pumped or 

transferred at facilities such as drilling 

locations, refineries, tank farms, and 

loading racks.’’ 

C. Lab Packs 

Certain waste materials are excepted 

from specification packaging 

requirements when transported in 

packagings (‘‘lab packs’’) that conform to 

the requirements specified in paragraph 

(b) of § 173.12. Currently, the outer 

packaging of the lab packs must be a 

specification UN 1A2 or UN 1B2 metal 

drum, UN 1D plywood drum, UN 1G 

fiber drum, or UN 1H2 plastic drum 

tested to the PG III performance level. In 

the NPRM, PHMSA proposed to allow 

the use of a UN 4G fiberboard box made 

of at least 500 psig burst strength 

fiberboard that is tested and marked to 

at least the PG II performance level as 

an alternative outer packaging for a lab 

pack. The affected special permits 

include DOT–SP 10791, 12927, 13285, 

13937, 14510, and 14817. PHMSA also 

proposed to allow the use of a UN 11G 

fiberboard intermediate bulk container 

(IBC) and a UN 11HH2 composite IBC 

(with a flexible plastic inner receptacle 

for solids loaded or discharged by 

gravity) as alternative outer packaging 

for a lab pack. The affected special 

permits include DOT–SP 12296, 12668, 

12682, 12749, and 12826. 

Certain hazardous materials packaged 

in lab packs conforming to § 173.12(b) 

are excepted from segregation 

requirements in Parts 174, 176, and 177 

of the HMR provided the materials 

conform to the segregation requirements 

in § 173.12(e). In the NPRM, PHMSA 

proposed to except certain additional 

waste hazardous materials in lab packs 

and non-bulk packagings from 

segregation and overpack marking 

requirements consistent with the 

provisions of DOT–SP 13192. We first 

issued DOT–SP 13192 in 2001 to 

consolidate earlier special permits that 

allowed different combinations of 

incompatible materials, including waste 

materials, to be transported together on 

the same transport vehicle. The waste 

materials are subject to safety control 

measures designed to mitigate the risks 

presented by these materials, such as 

quantity limitations, additional 

packaging, and segregation 

requirements. Revised editions of DOT– 

SP 13192 have authorized the transport 

of additional hazardous materials not 

currently authorized for transport under 

§ 173.12. These hazardous materials 

include Division 4.2 PG I material 

(subject to more stringent outer 

packaging requirements), Division 5.2 

(organic peroxide) material, and 

Division 6.1 PG I (Hazard Zone A) 

material (for purposes of exception from 

segregation requirements only). 

Experience with DOT–SP 13192 

suggests that when certain incompatible 

hazardous materials are properly 

packaged in lab packs and other 

authorized non-bulk packages, the 

possibility of these materials 

commingling in an incident is greatly 

reduced, if not eliminated, because of 

the integrity of the packagings and, for 

liquids, because of the requirement to 

include a sufficient amount of 

chemically compatible absorbent 

material to absorb the contents. 

Two commenters (Dupont, NACD) 

supported adoption of these 

amendments. Thus, in this final rule, 

PHMSA is authorizing the transport of 

Division 4.2 PG I material and Division 

5.2 (organic peroxide) material in lab 

packs, and the transport of waste 

Division 6.1 PG I (Hazard Zone A) 

material with other waste materials if 

packaged in accordance with 

§ 173.226(c) of the HMR and further 

packaged in an overpack of a 

specification UN steel or plastic drum at 

the PG I performance level. In addition, 

for greater clarity, we are making several 

conforming amendments to the 

segregation requirements in Parts 174, 

176, and 177 to specify that the 

requirements do not apply to Division 

6.1 PG I (Hazard Zone A) material 

transported in conformance with 

§ 173.12(e). 

D. Excepted Packaging 

Conditions for transport of hazardous 

materials in non-specification packaging 

are outlined in § 173.13. Currently, for 

packaging of liquids, the liquid must be 

placed in an inner packaging which is 

then placed in a hermetically sealed 

barrier bag that is wrapped in 

chemically compatible absorbent 

material and then placed in a metal can. 

PHMSA has issued a number of special 

permits that allow an alternative 

configuration in which the inner 

packaging for liquids is first wrapped in 

chemically compatible absorbent 

material and then placed in a 

hermetically sealed barrier bag which is 

then placed in a metal can. In the 

NPRM, PHMSA proposed to incorporate 

this alternative method of packing inner 

packagings for liquids into § 173.13. 

This proposal was drawn from the same 

provision in the following special 

permits: DOT–SP 7891, 8249, 9168, 

10672, 10962, 10977, 11248, 12401, 

13355. 

One commenter (All-Pak) opposed 

adoption of this amendment. All-Pak’s 

understanding from the preamble of the 

December 2009 NPRM is that a number 

of existing special permits would be 

cancelled through the adoption of this 

brief amendment into § 173.13. All-Pak 

does not support termination of the 

affected special permits and believes the 

special permits should remain in effect 

because they include additional 

provisions, such as stronger packaging 

requirements and authorization to 

transport additional materials. 

All-Pak is correct that the provisions 

outlined in the listed special permits are 

broader in scope and more varied than 

the requirements of § 173.13. In this 

final rule, PHMSA is amending § 173.13 

to allow the alternative packaging 

configuration in which the inner 

packaging for liquids may first be 

wrapped in absorbent material and then 

placed in a hermetically sealed barrier 

bag prior to placement in a metal can. 

Based on the comments presented and 

our review of this section, the affected 

special permits are not being 

incorporated in total under this final 

rule. 

E. Visual Inspection of Rail Tank Cars 

The HMR specify requirements for 

use of rail tank cars transporting 

hazardous materials in § 173.31. 

Paragraph (d) of this section requires an 

offeror to perform an external visual 

inspection of a rail tank car containing 

a hazardous material or a residue of a 

hazardous material prior to offering it 

for transportation. As part of the 

examination, paragraph (d)(1)(vi) 

requires a careful inspection of the 

rupture (frangible) disc in non-reclosing 

pressure relief devices for corrosion or 

damage that may alter the intended 

operation of the device. Under special 

permits DOT–SP 11761 and 11864, the 

rupture disc is not required to be 

removed prior to visual inspection if the 

tank car contains residue of a Class 8 

(corrosive), PG II or III material with no 

subsidiary hazard (at no more than three 

percent of capacity of the tank car) or 

the residue of Class 9 molten sulfur. 

Based on the safety record of use of the 

special permits, in the December 2009 

NPRM, we proposed to revise paragraph 

(d)(1)(vi) to exclude inspection of the 

underside of the rupture disc on rail 

tank cars containing residue of a Class 

8 (corrosive), PG II or III material with 

no subsidiary hazard or containing the 

residue of a Class 9 elevated 

temperature material. For purposes of 


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the HMR, ‘‘residue’’ means the 

hazardous material remaining in a 

packaging after its contents have been 

unloaded to the maximum extent 

possible (see § 171.8). Additionally, 

PHMSA has interpreted ‘‘unloaded to 

the maximum extent possible’’ to mean 

that the hazardous material has ceased 

to flow out of the packaging’s unloading 

device. Operations under these special 

permits have demonstrated these 

materials are present in the tank car in 

insufficient quantity and physical form 

to present a risk from a release of the 

material through a rail tank car pressure 

relief device due to the failure of a 

rupture disc during transportation. 

Two commenters (CI, Dupont) 

supported the adoption of this proposal. 

One commenter (AAR) opposed the 

adoption of this provision on the basis 

that if the rupture disc is not removed, 

there is no way to tell whether: (1) A 

gasket is present; (2) the seats of the disc 

and the safety vent mounting flange are 

in proper condition; and (3) the fitting 

has the required surge protection. AAR 

provided a summary of data on nonaccident releases involving rail tank cars 

with residue Class 8, PG II or III material 

(with no subsidiary hazard) and Class 9 

material over a five-year period (January 

2005 to January 2010). Analysis of the 

data indicates six non-accident releases 

in which the cause listed is the 

corrosion of the rupture disc. AAR 

noted these six non-accident releases 

could have been prevented had the 

rupture disc been inspected before the 

residue tank car was returned. 

AAR added that: 

some discs have their ratings on their side 

and some have rating[s] around the outer top 

circumference, which * * * can be hidden 

by the retainer device. How does one insure 

the disc is rated properly? The current 

regulations require the shipper to ensure that 

all fittings are in proper condition for 

transportation and it is not clear how that is 

possible without an inspection of the rupture 

disc. 

PHMSA appreciates AAR’s concern 

regarding the risks of transporting these 

materials in rail cars with pressure relief 

devices that may have corroded 

components. However, there are other 

measures for identifying possible 

corrosion problems, including 

conducting a thorough inspection of the 

pressure relief device and rupture disc 

prior to loading of the rail tank car and 

implementing operating procedures for 

maintenance and inspection of the 

components. PHMSA’s review of 

hazardous materials incident reports for 

the five-year period January 2005– 

January 2010 identified one report of an 

incident involving release of a 

hazardous material due to the corrosion 

of a rupture disc associated with the 

transport of a residue amount of 

corrosive material (hydrochloric acid 

solution). PHMSA and the Federal 

Railroad Administration (FRA) continue 

to believe that there is only a small 

possibility of release from a tank car 

transporting a residue amount of a Class 

8, PG II or III or Class 9 elevated 

temperature material caused by 

corrosion of the rupture disc. Therefore, 

in this final rule, PHMSA is adopting 

the amendment as proposed. 

F. Radiation Detectors 

Radiation detectors are used for 

measuring the intensity of ionizing 

radiation. The devices typically contain 

a gas filled tube or ion chamber where 

radiation converts the gas into ions and 

the rate at which these ions are 

collected is measured as electric 

current. These radiation detectors are 

often used as integral parts of medical 

test equipment, such as a dose 

calibrator. The HMR require the 

pressurized gas contained in these 

devices to be transported in DOT 

specification cylinders or nonspecification containers conforming to 

§ 173.302 or § 173.306. 

In the NPRM, PHMSA proposed to 

authorize in new § 173.310 the 

transportation of radiation detectors 

(also described as radiation sensors, 

electron tube devices, and ionization 

chambers) containing a gas, specifically, 

certain Division 2.2 (non-flammable) 

compressed gases contained in electron 

tubes that are non-DOT specification, 

metal, single trip, inside containers that 

may or may not be hermetically sealed 

or equipped with a pressure relief 

device, based on the use of several 

special permits. As proposed, the inside 

metal containers must be welded and 

designed to prevent fragmentation upon 

impact. The electron tubes may have up 

to a maximum design pressure of 4.83 

MPa (700 psig) and up to a maximum 

water capacity of 355 fluid ounces (641 

cubic inches); and must have a burst 

pressure of not less than three times the 

design pressure if equipped with a 

pressure relief device, and not less than 

four times the design pressure if not 

equipped with a pressure relief device. 

Each radiation detector must be placed 

in a strong outer packaging capable of 

withstanding a minimum drop test of 

1.2 meters (4 feet) without breaking the 

device or rupturing the outer packaging, 

or if shipped as part of equipment, that 

the equipment provide equivalent 

protection. Also, each shipment of these 

devices must be accompanied by 

emergency response information that 

must identify those receptacles not 

fitted with a pressure relief device, and 

provide guidance on how to manage all 

the detectors if they are exposed to fire. 

When transported in conformance with 

these conditions, PHMSA proposed to 

except radiation detectors from the 

specification packaging requirements of 

the HMR and, except when transported 

by air, from labeling and placarding 

requirements of the HMR. The affected 

special permits include DOT–SP 9030, 

9940, 10407, 12131, 12415, 13026, 

13109 and 13244. 

One commenter (USWAG) specified 

support for incorporation of DOT–SP 

9940. PHMSA is adopting the 

amendment as proposed. 

G. Aerosols for Recycling or Disposal 

Exceptions from the requirements of 

the HMR to transport a material as a 

fully regulated compressed gas are 

specified for limited quantities of 

compressed gases (including in aerosol 

containers) in § 173.306. Conditions for 

exception include a 30 kg (66 pound) 

gross weight limitation for outer 

packagings. Under DOT–SP 12842, 

PHMSA authorized the transport of 

limited quantities of certain Division 2.1 

(flammable) and Division 2.2 (nonflammable) gases in aerosol containers 

packaged in strong outer packagings 

with gross weights of up to 500 kg 

(1,100 pounds). PHMSA allowed the 

increase in gross weight for the purpose 

of packaging discarded empty, partially 

used, and full aerosol containers to be 

transported to a recycling or disposal 

facility. As part of the conditions for the 

special permit, each aerosol container 

must be fitted with a cap to protect the 

valve stem or the valve stem must be 

removed to prevent the accidental 

discharge of the contents. Based on the 

safe record of transportation of these 

aerosol containers under this special 

permit; and based on the condition that 

some limited quantity materials 

reclassed as ORM–D material, as 

authorized under § 173.306, are not 

subject to the 30 kg (66 pound) gross 

weight limitation when unitized in 

packages and offered for transportation 

in accordance with § 173.156 of the 

HMR, in the December 2009 NPRM, 

PHMSA proposed, in § 173.306(k), to 

authorize the highway transport of 

aerosol containers conforming to 

§ 173.306 in strong outer packagings not 

to exceed 500 kg (1,100 pounds) when 

transported for the purpose of recycling 

or disposal. The affected special permits 

include DOT–SP 12842. 

Two commenters (Alcoa, USWAG) 

supported this amendment. 

Additionally, Alcoa suggested revising 

paragraph (k)(2) relating to the 

requirement to protect against 


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Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 27209 

accidental discharge to more closely 

align with DOT–SP 12842. Alcoa stated: 

we believe it preferable to take a more 

‘‘performance based’’ approach to the 

provision requiring protection from 

accidental discharge in order to allow other 

equally effective means (as compared to only 

protective caps or removal of the valve stem) 

to be employed. In this regard, we suggest 

that the provision concerned should instead 

read: ‘‘Each aerosol container is protected 

against accidental discharge, such as by a 

protective cap over the valve stem, or, if 

without a protective cap, by removal of the 

valve stem, or any other measure that 

prevents accidental discharge.’’ 

Alcoa also suggested removing the 

limitation that motor vehicle transport 

must be by private or contract motor 

carrier or common carrier under 

exclusive use found in paragraph (k)(3) 

so there no longer is a need for DOT– 

SP 11396. 

The proposed requirement to protect 

against accidental discharge is based on 

the specific conditions outlined in 

DOT–SP 12842, that each aerosol 

container must be shipped with a 

protective cap to protect the valve stem, 

or if no protective cap is available, the 

valve stem must be removed from the 

can. The safe history of use of the 

special permit is due in large part to the 

conditions of the special permit. Alcoa 

did not provide specific examples of 

alternative methods to protect against 

accidental discharge. Without evidence 

of other measures to prevent accidental 

discharge that provide an equivalent 

level of safety to protective caps or 

removal of the valve stem, PHMSA is 

reluctant to adopt a performance 

standard. 

PHMSA also disagrees with the 

suggestion to remove the limitation for 

private or contract motor carrier or 

common carrier under exclusive use, 

thereby eliminating the need for DOT– 

SP 11396. The modal limitation 

provides a greater level of safety by 

requiring a greater level of control over 

shipments. 

In this final rule, PHMSA is adopting 

the provision as proposed in the NPRM. 

Note that PHMSA is revising the 

language in § 173.306(k)(1) to clarify 

that the gross weight limitation of 500 

kg (1,100 pounds) applies to the strong 

outer packaging and its contents, not 

just the strong outer packaging as 

written in the NPRM. 

H. Rail Tank Car Gross Weight 

Limitation 

The HMR include limitations on rail 

tank car capacity and gross weight in 

§ 179.13. Currently, this section limits 

rail tank cars to a maximum capacity of 

34,500 gallons (130,597 L) and a gross 

weight of 263,000 pounds (119,295 kg). 

PHMSA has granted several special 

permits to allow tank cars to transport 

up to 286,000 pounds (129,727 kg) gross 

weight on rail subject to certain 

conditions. In the NPRM, PHMSA 

proposed to revise this section to 

provide rail carriers with relief from the 

rail tank car gross weight limitation 

subject to review of an approval 

application submitted to the Associate 

Administrator for Safety, FRA. 

Providing for an approval process will 

expedite movement of rail tank cars by 

simplifying regulatory procedures and 

eliminating the time constraints 

associated with the mandatory comment 

period required for special permit 

applications. The affected special 

permits include DOT–SP 11241, 11654, 

11803, 12423, 12561, 12613, 12768, 

12858, 12903, 13856, 13936, 14004, 

14038, 14442, 14505, 14520, 14570, and 

14619. 

Three commenters (AAR, CI, Dupont) 

supported adoption of this amendment. 

However, the commenters suggested 

that the final rule should include 

specific procedures for obtaining the 

specified approval. 

We disagree. FRA has established 

guidelines for applications for authority 

to transport rail tank cars that are over 

specified gross weight limitations in a 

document entitled ‘‘Maximizing Safety 

and Weight.’’ The document instructs 

applicants to consider safety-related 

items for both new construction and for 

existing equipment that include the 

following topics: (1) Puncture 

resistance; (2) controlling longitudinal 

loading; (3) structural-worthiness; (4) 

track-worthiness; (5) service equipment; 

(6) service reliability and maintenance 

management; and (7) maximizing safety 

and weight. This document may be 

reviewed at http://www.fra.dot.gov/ 

Pages/1800.shtml. In addition, FRA 

plans to develop risk-based guidance for 

persons applying for an approval to 

authorize a gross weight greater than 

263,000 pounds and up to 286,000 

pounds. 

Therefore, in this final rule, PHMSA 

is adopting the amendment as proposed. 

I. Revisions to Procedures 

Procedures for serving documents in 

PHMSA proceedings are established in 

49 CFR Part 105. In accordance with 

these procedures, a non-resident of the 

United States must designate an agent 

and file the designation with PHMSA. 

In this final rule, the phrase ‘‘agent for 

service of process’’ is added as a 

synonym for the word ‘‘agent’’ in 

paragraph (b) of § 105.40(b) to clarify 

that this term includes an agent for 

service of process as this phrase is used 

elsewhere in PHMSA’s procedural 

regulations in 49 CFR Parts 105, 106, 

and 107. In addition, in this final rule, 

we revise the definition for ‘‘Special 

Permit’’ in 49 CFR Part 107 to permit the 

Associate Administrator of Hazardous 

Materials Safety to delegate signature 

authority at the Office Director level. 

The same revision to the definition for 

‘‘Special Permit’’ is made in § 171.8. 

Currently, an application for a special 

permit must be submitted in duplicate 

no matter the method of submission, 

whether mail, fax, or e-mail (see 

§ 107.105). In this final rule, PHMSA is 

revising § 107.105(a)(1) to clarify that a 

duplicate copy of the application for a 

special permit is not required when the 

application is submitted electronically 

by e-mail. PHMSA is also revising 

§ 107.105(a)(2) to require an e-mail 

address if available and the DOT 

registration number, if applicable. 

Application procedures for party status 

to a special permit are set forth in 

§ 107.107. In this final rule, PHMSA is 

revising § 107.107(b)(1) to clarify that a 

duplicate copy of the application for 

party status is not required when the 

application is submitted electronically 

by e-mail and is revising paragraph 

§ 107.107(b)(3) to require an e-mail 

address if available and the DOT 

registration number, if applicable. In 

addition, PHMSA will require an 

applicant for party status to provide a 

justification of the need for party status 

to the special permit and to certify that 

the applicant has read and understands 

the provisions of the special permit for 

party status. 

Application procedures for renewal of 

a special permit are set forth in 

§ 107.109. In this final rule, PHMSA is 

revising § 107.109(a)(1) to state that a 

duplicate copy of an application to 

renew a special permit is not required 

when the application is submitted 

electronically by e-mail. 

IV. Rulemaking Analyses and Notices 

A. Statutory/Legal Authority for This 

Rulemaking 

This final rule is published under the 

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

authorizes the Secretary to prescribe 

regulations for the safe transportation, 

including security, of hazardous 

material in intrastate, interstate, and 

foreign commerce. 49 U.S.C. 5117(a) 

authorizes the Secretary of 

Transportation to issue a special permit 

from a regulation prescribed in 5103(b), 

5104, 5110, or 5112 of the Federal 

Hazardous Materials Transportation 

Law to a person transporting, or causing 

to be transported, hazardous material in 

a way that achieves a safety level at least 


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27210 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 

equal to the safety level required under 

the law, or consistent with the public 

interest, if a required safety level does 

not exist. The final rule amends the 

regulations by incorporating provisions 

from certain widely used and 

longstanding special permits that have 

established a history of safety and 

which may, therefore, be converted into 

the regulations for general use. 

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This final 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 final 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 final rule, PHMSA amends the 

HMR to incorporate alternatives this 

agency has permitted under widely used 

and longstanding special permits with 

established safety records that we have 

determined meet the safety criteria for 

inclusion in the HMR. Incorporation of 

these special permits into regulations of 

general applicability will provide 

shippers and carriers with additional 

flexibility to comply with established 

safety requirements, thereby reducing 

transportation costs and increasing 

productivity. In addition, the final rule 

will reduce the paperwork burden on 

industry and this agency resulting from 

putting an end to the need for renewal 

applications for special permits. Taken 

together, the provisions of this final rule 

will promote the continued safe 

transportation of hazardous materials 

while reducing transportation costs for 

the industry and administrative costs for 

the agency. 

C. Executive Order 13132 

This final rule was analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). This final rule 

would preempt state, local and Indian 

tribe requirements but does not propose 

any regulation that has substantial 

direct effects on the states, the 

relationship between the national 

government and the states, or the 

distribution of power and 

responsibilities among the various 

levels of governments. Therefore, the 

consultation and funding requirements 

of Executive Order 13132 do not apply. 

Federal hazardous material 

transportation law, 49 U.S.C. 5101– 

5128, 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: 

(1) The designation, description, and 

classification of hazardous materials; 

(2) The packing, repacking, handling, 

labeling, marking, and placarding of 

hazardous materials; 

(3) The preparation, execution, and 

use of shipping documents related to 

hazardous materials and requirements 

related to the number, contents, and 

placement of those documents; 

(4) The written notification, 

recording, and reporting of the 

unintentional release in transportation 

of hazardous materials; or 

(5) The designing, manufacturing, 

fabricating, inspecting, marking, 

maintaining, reconditioning, repairing, 

or testing a package, container or 

packaging component that is 

represented, marked, certified, or sold 

as qualified for use in transporting 

hazardous material in commerce. 

This final rule addresses covered 

subject items (2), (3), and (5) and would 

preempt any State, local, or Indian tribe 

requirements not meeting the 

‘‘substantively the same’’ standard. 

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. The effective date may not 

be earlier than the 90th day following 

the date of issuance of the final rule and 

not later than two years after the date of 

issuance. The effective date of federal 

preemption will be 90 days from 

publication of the final rule in this 

matter in the Federal Register. 

D. Executive Order 13175 

This final rule was analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this final 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. 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

The Regulatory Flexibility Act (5 

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

review regulations to assess their impact 

on small entities. An agency must 

conduct a regulatory flexibility analysis 

unless it determines and certifies that a 

rule is not expected to have a significant 

impact on a substantial number of small 

entities. This final rule incorporates into 

the HMR certain widely used special 

permits. Incorporation of these special 

permits into regulations of general 

applicability will provide shippers and 

carriers with additional flexibility to 

comply with established safety 

requirements, thereby reducing 

transportation costs and increasing 

productivity. Therefore, PHMSA 

certifies this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

This final 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 

PHMSA has an approved information 

collection under OMB Control Number 

2137–0051, ‘‘Rulemaking, Special 

Permits, and Preemption Requirements.’’ 

This final rule may result in a decrease 

in the annual burden and costs under 

this information collection due to 

proposed changes to incorporate 

provisions contained in certain widely 

used or longstanding special permits 

that have an established safety record. 

Under the Paperwork Reduction Act 

of 1995, no person is required to 

respond to an information collection 

unless it has been approved by OMB 

and displays a valid OMB control 

number. Section 1320.8(d), title 5, Code 

of Federal Regulations requires that 

PHMSA provide interested members of 

the public and affected agencies an 

opportunity to comment on information 

and recordkeeping requests. 

This final rule identifies a revised 

information collection request that 

PHMSA will submit to OMB for 

approval based on the requirements in 

this final rule. PHMSA has developed 

burden estimates to reflect changes in 

this final rule. PHMSA estimates that 

the information collection and 

recordkeeping burden of this final rule 

is as follows: 

OMB Control No. 2137–0051: 

Net Decrease in Annual Number of 

Respondents: 520. 

Net Decrease in Annual Responses: 

55. 

Net Decrease in Annual Burden 

Hours: 560. 

Net Decrease in Annual Burden Costs: 

$22,400. 

Requests for a copy of this 

information collection should be 

directed to Deborah Boothe or T. Glenn 

Foster, Office of Hazardous Materials 


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Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 27211 

Standards (PHH–11), Pipeline and 

Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001, Telephone (202) 366–8553. 

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 contained in the heading 

of this document may be used to crossreference this action with the Unified 

Agenda. 

H. Unfunded Mandates Reform Act of 

1995 

This final rule does not impose 

unfunded mandates under the 

Unfunded Mandates Reform Act of 

1995. It does not result in costs of 

$141.3 million or more to either state, 

local or tribal governments, in the 

aggregate, or to the private sector, and 

is the least burdensome alternative that 

achieves the objective of the rule. 

I. Environmental Assessment 

The National Environmental Policy 

Act of 1969 (NEPA), as amended (42 

U.S.C. 4321–4347), requires Federal 

agencies to consider the consequences 

of major Federal actions and to prepare 

a detailed statement on actions that 

significantly affect the quality of the 

human environment. 

The hazardous materials regulatory 

system is a risk management system that 

is prevention-oriented and focused on 

identifying a hazard and reducing the 

probability and quantity of a hazardous 

materials release. Hazardous materials 

are categorized by hazard analysis and 

experience into hazard classes and 

packing groups. The regulations require 

each shipper to class 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 the material’s hazards by 

identifying the hazard class, packing 

group, and proper shipping name on 

shipping papers and with 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 (PGs) based upon its 

degree of hazard, from a high hazard PG 

I material to a low hazard PG III 

material. The quality, damage 

resistance, and performance standards 

for the packagings authorized for the 

hazardous materials in each PG are 

appropriate for the hazards of the 

material transported. 

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 

transportation accidents. The need for 

hazardous materials to support essential 

services means transportation of highly 

hazardous materials is unavoidable. 

However, these shipments frequently 

move through densely populated or 

environmentally sensitive areas where 

the consequences of an incident could 

be loss of life, serious injury, or 

significant environmental damage. The 

ecosystems that could be affected by a 

hazardous materials release during 

transportation include atmospheric, 

aquatic, terrestrial, and vegetal 

resources (for example, wildlife 

habitats). The adverse environmental 

impacts associated with releases of most 

hazardous materials are short-term 

impacts that can be greatly reduced or 

eliminated through prompt clean-up of 

the accident scene. 

There are no significant 

environmental impacts associated with 

the amendments in this final rule. We 

are making clarifications and changes to 

certain HMR requirements to include 

methods for packaging and transporting 

hazardous materials that are currently 

permitted under widely used special 

permits with established safety records 

for inclusion in the HMR. The process 

through which safety permits are issued 

requires the applicant to demonstrate 

that the alternative transportation 

method or packaging proposed provides 

an equivalent level of safety as that 

provided in the HMR. Implicit in this 

process is that the special permit must 

provide an equivalent level of 

environmental protection as that 

provided in the HMR. Thus, 

incorporation of the special permits as 

regulations of general applicability 

maintains the existing environmental 

protections built into the HMR. 

J. Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70, pages 19477–78), or at 

http://www.regulations.gov. 

List of Subjects 

49 CFR Part 105 

Administrative practice and 

procedure, Hazardous materials 

transportation. 

49 CFR Part 107 

Administrative practice and 

procedure, Hazardous materials 

transportation, Packaging and 

containers, Penalties, Reporting and 

recordkeeping requirements. 

49 CFR Part 171 

Exports, Hazardous materials 

transportation, Hazardous waste, 

Imports, Reporting and recordkeeping 

requirements. 

49 CFR Part 173 

Hazardous materials transportation, 

Packaging and containers, Radioactive 

materials, Reporting and recordkeeping 

requirements, Uranium. 

49 CFR Part 174 

Hazardous materials transportation, 

Radioactive materials, Rail carriers, 

Railroad safety, Reporting and 

recordkeeping requirements. 

49 CFR Part 176 

Hazardous materials transportation, 

Maritime carriers, Radioactive materials, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 177 

Hazardous materials transportation, 

Motor carriers, Radioactive materials, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 179 

Hazardous materials transportation, 

Railroad safety, Reporting and 

recordkeeping requirements. 

■ In consideration of the foregoing, we 

are amending 49 CFR Chapter I as 

follows: 

PART 105—HAZARDOUS MATERIALS 

PROGRAM DEFINITIONS AND 

GENERAL PROCEDURES 

■ 1. The authority citation for part 105 

is revised to read as follows: 

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

1.53. 

§ 105.40 [Amended] 

■ 2. In § 105.40, in the paragraph (b), 

introductory text, after the word ‘‘agent’’, 

add the words and punctuation ‘‘, also 

known as ‘‘agent for service of process’’.’’ 


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27212 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 

PART 107—HAZARDOUS MATERIALS 

PROGRAM PROCEDURES 

■ 3. The authority citation for part 107 

is revised to read as follows: 

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

Pub. L. 101–410 section 4 (28 U.S.C. 2461 

note); Pub. L. 104–121 sections 212–213; 

Pub. L. 104–134 section 31001; 49 CFR 1.45, 

1.53. 

■ 4. In § 107.1, revise the definition of 

‘‘Special permit’’ to read as follows: 

§ 107.1 Definitions. 

* * * * * 

Special permit means a document 

issued by the Associate Administrator, 

or other designated Department official, 

under the authority of 49 U.S.C. 5117 

permitting a person to perform a 

function that is not otherwise permitted 

under subchapters A or C of this 

chapter, or other regulations issued 

under 49 U.S.C. 5101 et seq. (e.g., 

Federal Motor Carrier Safety routing 

requirements). The terms ‘‘special 

permit’’ and ‘‘exemption’’ have the same 

meaning for purposes of subchapters A 

or C of this chapter or other regulations 

issued under 49 U.S.C. 5101 through 

5128. 

* * * * * 

■ 5. In § 107.105, revise paragraph (a) to 

read as follows: 

§ 107.105 Application for special permit. 

(a) General. Each application for a 

special permit or modification of a 

special permit must be written in 

English and submitted for timely 

consideration at least 120 days before 

the requested effective date and must— 

(1)(i) Be submitted in duplicate to: 

Associate Administrator for Hazardous 

Materials Safety (Attention: Special 

Permits, PHH–31), Pipeline and 

Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, East Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001; 

(ii) Be submitted in duplicate with 

any attached supporting documentation 

by facsimile (fax) to: (202) 366–3753 or 

(202) 366–3308; or 

(iii) Be submitted by electronic mail 

(e-mail) to: Specialpermits@dot.gov. 

Electronic submissions need not be 

submitted in duplicate; 

(2) State the name, street and mailing 

addresses, e-mail address (if available), 

US DOT Registration number (if 

applicable), and telephone number of 

the applicant. If the applicant is not an 

individual, also state the name, street 

and mailing addresses, e-mail address 

(if available), and telephone number of 

an individual designated as an agent of 

the applicant for all purposes related to 

the application; 

(3) Include a designation of agent of 

service for process in accordance with 

§ 105.40 of this part if the applicant is 

not a resident of the United States; and 

(4) For a manufacturing special 

permit, include a statement of the name 

and street address of each facility when 

manufacturing under the special permit 

will occur. 

* * * * * 

■ 6. In § 107.107, revise paragraphs 

(b)(1), (b)(3), (b)(4), and (b)(5) to read as 

follows: 

§ 107.107 Application for party status. 

* * * * * 

(b) * * * 

(1)(i) Be submitted in duplicate to: 

Associate Administrator for Hazardous 

Materials Safety (Attention: Special 

Permits, PHH–31), Pipeline and 

Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, East Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001; 

(ii) Be submitted in duplicate with 

any attached supporting documentation 

by facsimile (fax) to: (202) 366–3753 or 

(202) 366–3308; or 

(iii) Be submitted by electronic mail 

(e-mail) to: Specialpermits@dot.gov. 

Electronic submissions need not be 

submitted in duplicate; 

* * * * * 

(3) State the name, street and mailing 

addresses, e-mail address (if available), 

US DOT Registration number (if 

applicable), and telephone number of 

the applicant. If the applicant is not an 

individual, also state the name, street 

and mailing addresses, e-mail address 

(if available), and telephone number of 

an individual designated as an agent of 

the applicant for all purposes related to 

the application. In addition, each 

applicant must state why party status to 

the special permit is needed and must 

submit a certification of understanding 

of the provisions of the special permit 

to which party status is being requested; 

(4) Include a designation of agent of 

service for process in accordance with 

§ 105.40 of this part if the applicant is 

not a resident of the United States; and 

(5) For a Class 1 material that is 

forbidden for transportation by aircraft 

except under a special permit (see 

Columns 9A and 9B in the table in 49 

CFR 172.101), include a certification by 

the applicant for party status to a special 

permit to transport such Class 1 

material, on passenger-carrying or cargoonly aircraft with a maximum 

certificated takeoff weight of less than 

12,500 pounds, that no person within 

the categories listed in 18 U.S.C. 842(i) 

will participate in the transportation of 

the Class 1 material. 

* * * * * 

■ 7. Revise § 107.109 to read as follows: 

§ 107.109 Application for renewal. 

(a) Each application for renewal of a 

special permit or renewal of party status 

to a special permit must— 

(1)(i) Be submitted in duplicate to: 

Associate Administrator for Hazardous 

Materials Safety (Attention: Special 

Permits, PHH–31), Pipeline and 

Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, East Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001; 

(ii) Be submitted in duplicate with 

any attached supporting documentation 

by facsimile (fax) to: (202) 366–3753 or 

(202) 366–3308; or 

(iii) Be submitted by electronic mail 

(e-mail) to: Specialpermits@dot.gov. 

Electronic submissions need not be 

submitted in duplicate; 

(2) Identify by number the special 

permit for which renewal is requested; 

(3) State the name, street and mailing 

addresses, e-mail address (if available), 

US DOT Registration number (if 

applicable), and telephone number of 

the applicant. If the applicant is not an 

individual, also state the name, street 

and mailing addresses, e-mail address 

(if available), and telephone number of 

an individual designated as an agent of 

the applicant for all purposes related to 

the application. In addition, each 

applicant for renewal of party status 

must state why party status to the 

special permit is needed and must 

submit a certification of understanding 

of the provisions of the special permit 

to which party status is being requested; 

(4) Include either a certification by the 

applicant that the original application, 

as it may have been updated by any 

application for renewal, remains 

accurate and complete; or include an 

amendment to the previously submitted 

application as is necessary to update 

and assure the accuracy and 

completeness of the application, with 

certification by the applicant that the 

application as amended is accurate and 

complete; and 

(5) Include a statement describing all 

relevant shipping and incident 

experience of which the applicant is 

aware in connection with the special 

permit since its issuance or most recent 

renewal. If the applicant is aware of no 

incidents, the applicant must so certify. 

When known to the applicant, the 

statement should indicate the 

approximate number of shipments made 


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Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 27213 

or packages shipped, as the case may be, 

and number of shipments or packages 

involved in any loss of contents, 

including loss by venting other than as 

authorized in subchapter C; and 

(6) When a Class 1 material is 

forbidden for transportation by aircraft, 

except under a special permit (see 

Columns 9A and 9B in the table in 49 

CFR 172.101), include a certification by 

the applicant for renewal of party status 

to a special permit to transport such 

Class 1 material, on passenger-carrying 

or cargo-only aircraft with a maximum 

certificated takeoff weight of less than 

12,500 pounds, that no person within 

the categories listed in 18 U.S.C. 842(i) 

will participate in the transportation of 

the Class 1 material. 

(b) If at least 60 days before an 

existing special permit expires the 

grantee files an application for renewal 

that is complete and conforms to the 

requirements of this section, the special 

permit will not expire until final 

administrative action on the application 

for renewal has been taken. 

PART 171—GENERAL INFORMATION, 

REGULATIONS, AND DEFINITIONS 

■ 8. 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. 

■ 9. In § 171.8, add a new definition for 

‘‘Mechanical displacement meter 

prover’’ and revise the definition for 

‘‘Special permit’’ to read as follows: 

§ 171.8 Definitions and abbreviations. 

* * * * * 

Mechanical displacement meter 

prover means a mechanical device used 

in the oilfield service industry 

consisting of a pipe assembly that is 

used to calibrate the accuracy and 

performance of meters that measure the 

quantities of a product being pumped or 

transferred at facilities such as drilling 

locations, refineries, tank farms, and 

loading racks. 

* * * * * 

Special permit means a document 

issued by the Associate Administrator, 

or other designated Department official, 

under the authority of 49 U.S.C. 5117 

permitting a person to perform a 

function that is not otherwise permitted 

under subchapters A or C of this 

chapter, or other regulations issued 

under 49 U.S.C. 5101 et seq. (e.g., 

Federal Motor Carrier Safety routing 

requirements). The terms ‘‘special 

permit’’ and ‘‘exemption’’ have the same 

meaning for purposes of subchapters A 

or C of this chapter or other regulations 

issued under 49 U.S.C. 5101 through 

5128. 

* * * * * 

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, 1.53. 

■ 11. In § 173.3, revise paragraph (d)(6) 

to read as follows: 

§ 173.3 Packaging and exceptions. 

* * * * * 

(d) * * * 

(6) Transportation is authorized by 

motor vehicle and cargo vessel only. 

* * * * * 

■ 12. In § 173.5a, revise paragraph (b) to 

read as follows: 

§ 173.5a Oilfield service vehicles and 

mechanical displacement meter provers. 

* * * * * 

(b) Mechanical displacement meter 

provers. (1) A mechanical displacement 

meter prover, as defined in § 171.8 of 

this subchapter, permanently mounted 

on a truck chassis or trailer and 

transported by motor vehicle is 

excepted from the specification 

packaging requirements in part 178 of 

this subchapter provided it— 

(i) Contains only the residue of a 

Division 2.1 (flammable gas) or Class 3 

(flammable liquid) material. For liquids, 

the meter prover must be drained to not 

exceed 10% of its capacity or, to the 

extent that draining of the meter prover 

is impracticable, to the maximum extent 

practicable. For gases, the meter prover 

must not exceed 25% of the marked 

pressure rating; 

(ii) Has a water capacity of 3,785 L 

(1,000 gallons) or less; 

(iii) Is designed and constructed in 

accordance with chapters II, III, IV, V 

and VI of ASME Standard B31.4 (IBR, 

see § 171.7 of this subchapter); 

(iv) Is marked with the MAWP 

determined from the pipe component 

with the lowest pressure rating; and 

(v) Is equipped with rear-end 

protection as prescribed in § 178.337– 

10(c) of this subchapter and 49 CFR 

393.86 of the Federal Motor Carrier 

Safety Regulations. 

(2) The description on the shipping 

paper for a meter prover containing the 

residue of a hazardous material must 

include the phrase ‘‘RESIDUE: LAST 

CONTAINED * * * ’’ before the basic 

description. 

(3) Periodic test and inspection. (i) 

Each meter prover must be externally 

visually inspected once a year. The 

external visual inspection must include 

at a minimum: checking for leakage, 

defective fittings and welds, defective 

closures, significant dents and other 

defects or abnormalities which indicate 

a potential or actual weakness that 

could render the meter prover unsafe for 

transportation; and 

(ii) Each meter prover must be 

pressure tested once every 5 years at not 

less than 75% of design pressure. The 

pressure must be held for a period of 

time sufficiently long to assure 

detection of leaks, but in no case less 

than 5 minutes. 

(4) In addition to the training 

requirements in subpart H, the person 

who performs the visual inspection or 

pressure test and/or signs the inspection 

report must have the knowledge and 

ability to perform them as required by 

this section. 

(5) A meter prover that fails the 

periodic test and inspection must be 

rejected and removed from hazardous 

materials service unless the meter 

prover is adequately repaired, and 

thereafter, a successful test is conducted 

in accordance with the requirements of 

this section. 

(6) Prior to any repair work, the meter 

prover must be emptied of any 

hazardous material. A meter prover 

containing flammable lading must be 

purged. 

(7) Each meter prover successfully 

completing the external visual 

inspection and the pressure test must be 

marked with the test date (month/year), 

and the type of test or inspection as 

follows: 

(i) V for external visual inspection; 

and 

(ii) P for pressure test. 

The marking must be on the side of 

a tank or the largest piping component 

in letters 32 mm (1.25 inches) high on 

a contrasting background. 

(8) The owner must retain a record of 

the most recent external visual 

inspection and pressure test until the 

next test or inspection of the same type 

is successfully completed. The test or 

inspection report must include the 

following: 

(i) Serial number or other meter 

prover identifier; 

(ii) Type of test or inspection 

performed; 

(iii) Test date (month/year); 

(iv) Location of defects found, if any, 

and method used to repair each defect; 

(v) Name and address of person 

performing the test or inspection; 

(vi) Disposition statement, such as 

‘‘Meter Prover returned to service’’ or 

‘‘Meter Prover removed from service’’. 


emcdonald on DSK2BSOYB1PROD with RULES
27214 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 

■ 13. In § 173.12, revise paragraphs (b) 

and (e), redesignate paragraph (f) as new 

paragraph (g), and add new paragraph 

(f) to read as follows: 

§ 173.12 Exceptions for shipment of waste 

materials. 

* * * * * 

(b) Lab packs. (1) Waste materials 

prohibited by paragraph (b)(3) of this 

section are not authorized for transport 

in packages authorized by this 

paragraph (b). Waste materials classed 

as Class or Division 3, 4.1, 4.2, 4.3, 5.1, 

5.2, 6.1, 8, or 9 are excepted from the 

specification packaging requirements of 

this subchapter for combination 

packagings if packaged in accordance 

with this paragraph (b) and transported 

for disposal or recovery by highway, rail 

or cargo vessel. In addition, a generic 

description from the § 172.101 

Hazardous Materials Table may be used 

in place of specific chemical names, 

when two or more chemically 

compatible waste materials in the same 

hazard class are packaged in the same 

outside packaging. 

(2) Combination packaging 

requirements: 

(i) Inner packagings. The inner 

packagings must be either glass, not 

exceeding 4 L (1 gallon) rated capacity, 

or metal or plastic, 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. 

(ii) Outer packaging. Each outer 

packaging may contain only one class of 

waste material. The following outer 

packagings are authorized except that 

Division 4.2 Packing Group I materials 

must be packaged using UN standard 

steel or plastic drums tested and marked 

to the Packing Group I performance 

level for liquids or solids; and bromine 

pentafluoride and bromine trifluoride 

may not be packaged using UN 4G 

fiberboard boxes: 

(A) A UN 1A2 or UN 1B2 metal drum, 

a UN 1D plywood drum, a UN 1G fiber 

drum, or a UN 1H2 plastic drum, tested 

and marked to at least the Packing 

Group III performance level for liquids 

or solids; 

(B) At a minimum, a double-walled 

UN 4G fiberboard box made out of 500 

pound burst-strength fiberboard fitted 

with a polyethylene liner at least 3 mils 

(0.12 inches) thick and when filled 

during testing to 95 percent capacity 

with a solid material, successfully 

passes the tests prescribed in §§ 178.603 

(drop) and 178.606 (stacking), and is 

capable of passing the tests prescribed 

in § 178.608 (vibration) to at least the 

Packing Group II performance level for 

liquids or solids; or 

(C) A UN 11G fiberboard intermediate 

bulk container (IBC) or a UN 11HH2 

composite IBC, fitted with a 

polyethylene liner at least 6 mils (0.24 

inches) thick, that successfully passes 

the tests prescribed in Subpart O of Part 

178 and § 178.603 to at least the Packing 

Group II performance level for liquids or 

solids; a UN 11HH2 is composed of 

multiple layers of encapsulated 

corrugated fiberboard between inner 

and outer layers of woven coated 

polypropylene. 

(iii) The gross weight of each 

completed combination package may 

not exceed 205 kg (452 lbs). 

(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 

Division 6.1 Packing Group I material, 

chloric acid, and oleum (fuming sulfuric 

acid). 

* * * * * 

(e) Segregation requirements. Waste 

materials packaged according to 

paragraph (b) of this section and 

transported in conformance with this 

paragraph (e) are not subject to the 

segregation requirements in 

§§ 174.81(d), 176.83(b), and 177.848(d) 

if blocked and braced in such a manner 

that they are separated from 

incompatible materials by a minimum 

horizontal distance of 1.2 m (4 feet) and 

the packages are loaded at least 100 mm 

(4 inches) off the floor of the freight 

container, unit load device, transport 

vehicle, or rail car. The following 

conditions specific to incompatible 

materials also apply: 

(1) General restrictions. The freight 

container, unit load device, transport 

vehicle, or rail car may not contain any 

Class 1 explosives, Class 7 radioactive 

material, or uncontainerized hazardous 

materials; 

(2) Waste cyanides and waste acids. 

For waste cyanides stored, loaded, and 

transported with waste acids: 

(i) The cyanide or a cyanide mixture 

may not exceed 2 kg (4.4 pounds) net 

weight per inner packaging and may not 

exceed 10 kg (22 pounds) net weight per 

outer packaging; a cyanide solution may 

not exceed 2 L (0.6 gallon) per inner 

packaging and may not exceed 10 L (3.0 

gallons) per outer packaging; and 

(ii) The acids must be packaged in lab 

packs in accordance paragraph (b) of 

this section or in single packagings 

authorized for the acid in Column (8B) 

of the § 172.101 Hazardous Materials 

Table of this subchapter not to exceed 

208 L (55 gallons) capacity. 

(3) Waste Division 4.2 materials and 

waste Class 8 liquids. For waste 

Division 4.2 materials stored, loaded, 

and transported with waste Class 8 

liquids: 

(i) The Division 4.2 material may not 

exceed 2 kg (4.4 pounds) net weight per 

inner packaging and may not exceed 10 

kg (22 pounds) net weight per outer 

packaging; and 

(ii) The Class 8 liquid must be 

packaged in lab packs in accordance 

with paragraph (b) of this section or in 

single packagings authorized for the 

material in Column (8B) of the § 172.101 

Hazardous Materials Table of this 

subchapter not to exceed 208 L (55 

gallons) capacity. 

(4) Waste Division 6.1 Packing Group 

I, Hazard Zone A material and waste 

Class 3, Class 8 liquids, or Division 4.1, 

4.2, 4.3, 5.1 and 5.2 materials. For waste 

Division 6.1 Packing Group I, Hazard 

Zone A material stored, loaded, and 

transported with waste Class 8 liquids, 

or Division 4.2, 4.3, 5.1 and 5.2 

materials: 

(i) The Division 6.1 Packing Group I, 

Hazard Zone A material must be 

packaged in accordance with 

§ 173.226(c) of this subchapter and 

overpacked in a UN standard steel or 

plastic drum meeting the Packing Group 

I performance level; 

(ii) The Class 8 liquid must be 

packaged in lab packs in accordance 

with paragraph (b) of this section or in 

single packagings authorized for the 

material in Column (8B) of the § 172.101 

Hazardous Materials Table of this 

subchapter not to exceed 208 L (55 

gallons) capacity. 

(iii) The Division 4.2 material may not 

exceed 2 kg (4.4 pounds) net weight per 

inner packaging and may not exceed 10 

kg (22 pounds) net weight per outer 

packaging; 

(iv) The Division 5.1 materials may 

not exceed 2 kg (4.4 pounds) net weight 

per inner packaging and may not exceed 

10 kg (22 pounds) net weight per outer 

packaging. The aggregate net weight per 

freight container, unit load device, 

transport vehicle, or rail car may not 

exceed 100 kg (220 pounds); 

(v) The Division 5.2 material may not 

exceed 1 kg (2.2 pounds) net weight per 

inner packaging and may not exceed 5 

kg (11 pounds) net weight per outer 

packaging. Organic Peroxide, Type B 

material may not exceed 0.5 kg (1.1 

pounds) net weight per inner packaging 

and may not exceed 2.5 kg (5.5 pounds) 

net weight per outer packaging. The 

aggregate net weight per freight 

container, unit load device, transport 

vehicle, or rail car may not exceed 50 

kg (110 pounds). 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 27215 

(f) Additional exceptions. Lab packs 

conforming to the requirements of this 

section are not subject to the following: 

(1) The overpack marking and 

labeling requirements in § 173.25(a)(2) 

of this subchapter when secured to a 

pallet with shrink-wrap or stretch-wrap 

except that labels representative of each 

Hazard Class or Division in the 

overpack must be visibly displayed on 

two opposing sides. 

(2) The restrictions for overpacks 

containing Class 8, Packing Group I 

material and Division 5.1, Packing 

Group I material in § 173.25(a)(5) of this 

subchapter. These waste materials may 

be overpacked with other materials. 

(g) Household waste. Household 

waste, as defined in § 171.8 of this 

subchapter, is not subject to the 

requirements of this subchapter when 

transported in accordance with 

applicable state, local, or tribal 

requirements. 

■ 14. In § 173.13, revise paragraph 

(c)(1)(ii) to read as follows: 

§ 173.13 Exceptions for Class 3, Division 

4.1, 4.2, 4.3, 5.1, 6.1, and Classes 8 and 9 

materials. 

* * * * * 

(c) * * * 

(1) * * * 

(ii) The inner packaging must be 

placed in a hermetically sealed barrier 

bag which is impervious to the lading, 

and then wrapped in a non-reactive 

absorbent material in sufficient quantity 

to completely absorb the contents of the 

inner packaging. Alternatively, the inner 

packaging may first be wrapped in a 

non-reactive absorbent material and 

then placed in the hermetically sealed 

barrier bag. The combination of inner 

packaging, absorbent material, and bag 

must be placed in a snugly fitting metal 

can. 

* * * * * 

■ 15. In § 173.31, revise paragraph 

(d)(1)(vi) to read as follows: 

§ 173.31 Use of tank cars. 

* * * * * 

(d) * * * 

(1) * * * 

(vi) The pressure relief device, 

including a careful inspection of the 

rupture disc in non-reclosing pressure 

relief devices, for corrosion or damage 

that may alter the intended operation of 

the device. The rupture disc is not 

required to be removed prior to visual 

inspection if the tank car contains the 

residue, as defined in § 171.8 of this 

subchapter, of a Class 8, PG II or PG III 

material with no subsidiary hazard or 

the residue of a Class 9 elevated 

temperature material; 

* * * * * 

■ 16. In § 173.306, redesignate 

paragraph (k) as paragraph (l) and add 

new paragraph (k) to read as follows: 

§ 173.306 Limited quantities of 

compressed gases. 

* * * * * 

(k) Aerosols for recycling or disposal. 

Aerosols, as defined in § 171.8 of this 

subchapter, containing a limited 

quantity which conforms to the 

provisions of paragraph (a)(3), (a)(5), 

(b)(1), (b)(2), or (b)(3) of this section are 

not subject to the 30 kg (66 pounds) 

gross weight limitation when 

transported by motor vehicle for 

purposes of recycling or disposal under 

the following conditions: 

(1) The strong outer packaging and its 

contents must not exceed a gross weight 

of 500 kg (1,100 pounds); 

(2) Each aerosol container must be 

secured with a cap to protect the valve 

stem or the valve stem must be 

removed; and 

(3) The packaging must be offered for 

transportation or transported by— 

(i) Private or contract motor carrier; or 

(ii) Common carrier in a motor vehicle 

under exclusive use for such service. 

(l) For additional exceptions, also see 

§ 173.307. 

■ 17. Add new § 173.310 to read as 

follows: 

§ 173.310 Exceptions for radiation 

detectors. 

Radiation detectors, radiation sensors, 

electron tube devices, or ionization 

chambers, herein referred to as 

‘‘radiation detectors,’’ that contain only 

Division 2.2 gases, are excepted from 

the specification packaging in this 

subchapter and, except when 

transported by air, from labeling and 

placarding requirements of this 

subchapter when designed, packaged, 

and transported as follows: 

(a) Radiation detectors must be singletrip, hermetically sealed, welded metal 

inside containers that will not fragment 

upon impact. 

(b) Radiation detectors must not have 

a design pressure exceeding 4.83 MPa 

(700 psig) and a capacity exceeding 355 

fluid ounces (641 cubic inches). They 

must be designed and fabricated with a 

burst pressure of not less than three 

times the design pressure if the 

radiation detector is equipped with a 

pressure relief device, and not less than 

four times the design pressure if the 

detector is not equipped with a pressure 

relief device. 

(c) Radiation detectors must be 

shipped in a strong outer packaging 

capable of withstanding a drop test of at 

least 1.2 meters (4 feet) without 

breakage of the radiation detector or 

rupture of the outer packaging. If the 

radiation detector is shipped as part of 

other equipment, the equipment must 

be packaged in strong outer packaging 

or the equipment itself must provide an 

equivalent level of protection. 

(d) Emergency response information 

accompanying each shipment and 

available from each emergency response 

telephone number for radiation 

detectors must identify those 

receptacles that are not fitted with a 

pressure relief device and provide 

appropriate guidance for exposure to 

fire. 

PART 174—CARRIAGE BY RAIL 

■ 18. The authority citation for part 174 

continues to read as follows: 

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

1.53. 

■ 19. In § 174.81, revise paragraph (c) to 

read as follows: 

§ 174.81 Segregation of hazardous 

materials. 

* * * * * 

(c) Except as provided in § 173.12(e) 

of this subchapter, cyanides, cyanide 

mixtures or solutions may not be stored, 

loaded and transported with acids; 

Division 4.2 materials may not be 

stored, loaded and transported with 

Class 8 liquids; and Division 6.1 

Packing Group I, Hazard Zone A 

material may not be stored, loaded and 

transported with Class 3 material, Class 

8 liquids, and Division 4.1, 4.2, 4.3, 5.1 

or 5.2 material. 

* * * * * 

PART 176—CARRIAGE BY VESSEL 

■ 20. The authority citation for part 176 

continues to read as follows: 

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

1.53. 

■ 21. In § 176.83, revise paragraph 

(a)(11) to read as follows: 

§ 176.83 Segregation. 

(a) * * * 

(11) Certain exceptions from 

segregation for waste cyanides or waste 

cyanide mixtures or solutions 

transported with acids; waste Division 

4.2 materials transported with Class 8 

liquids; and waste Division 6.1 Packing 

Group I, Hazard Zone A material 

transported with waste Class 3 material, 

Class 8 liquids, and Division 4.1, 4.2, 

4.3, 5.1 or 5.2 material are set forth in 

§ 173.12(e) of this subchapter. 

* * * * * 


emcdonald on DSK2BSOYB1PROD with RULES
27216 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 

PART 177—CARRIAGE BY PUBLIC 

HIGHWAY 

■ 22. The authority citation for part 177 

continues to read as follows: 

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

1.53. 

■ 23. In § 177.848, revise paragraph (c) 

to read as follows: 

§ 177.848 Segregation of hazardous 

materials. 

* * * * * 

(c) In addition to the provisions of 

paragraph (d) of this section and except 

as provided in § 173.12(e) of this 

subchapter, cyanides, cyanide mixtures 

or solutions may not be stored, loaded 

and transported with acids; Division 4.2 

materials may not be stored, loaded and 

transported with Class 8 liquids; and 

Division 6.1 Packing Group I, Hazard 

Zone A material may not be stored, 

loaded and transported with Class 3 

material, Class 8 liquids, and Division 

4.1, 4.2, 4.3, 5.1 or 5.2 material. 

* * * * * 

PART 179—SPECIFICATIONS FOR 

TANK CARS 

■ 24. The authority citation for part 179 

continues to read as follows: 

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

1.53. 

■ 25. Revise § 179.13 to read as follows: 

§ 179.13 Tank car capacity and gross 

weight limitation. 

Except as provided in this section, 

tank cars, built after November 30, 1970, 

or any existing tank cars that are 

converted, may not exceed 34,500 

gallons (130,597 L) capacity or 263,000 

pounds (119,295 kg) gross weight on 

rail. 

(a) For other than tank cars containing 

poisonous-by-inhalation material, a tank 

car may be loaded to a gross weight on 

rail of up to 286,000 pounds (129,727 

kg) upon approval by the Associate 

Administrator for Safety, Federal 

Railroad Administration (FRA). Tank 

cars must conform to the conditions of 

the approval and must be operated only 

under controlled interchange conditions 

agreed to by participating railroads. 

(b) Tank cars containing poisonousby-inhalation material meeting the 

applicable authorized tank car 

specifications listed in § 173.244(a)(2) or 

(3), or § 173.314(c) or (d) may have a 

gross weight on rail of up to 286,000 

pounds (129,727 kg). Tank cars 

exceeding 263,000 pounds and up to 

286,000 pounds gross weight on rail 

must meet the requirements of AAR 

Standard S–286, Free/Unrestricted 

Interchange for 286,000 lb Gross Rail 

Load Cars (IBR; see § 171.7 of this 

subchapter). Any increase in weight 

above 263,000 pounds may not be used 

to increase the quantity of the contents 

of the tank car. 

Issued in Washington, DC on May 7, 2010, 

under authority delegated in 49 CFR part 1. 

Cynthia L. Quarterman, 

Administrator. 

[FR Doc. 2010–11570 Filed 5–13–10; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 090130104–91027–02] 

RIN 0648–XW12 

International Fisheries; Western and 

Central Pacific Fisheries for Highly 

Migratory Species; Fishing 

Restrictions and Observer 

Requirements in Purse Seine Fisheries 

for 2009–2011 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Rule; announcement of date of 

applicability. 

SUMMARY: NMFS announces that the 

catch retention requirements for U.S. 

purse seine fishing vessels operating in 

the area of application of the 

Convention on the Conservation and 

Management of Highly Migratory Fish 

Stocks in the Western and Central 

Pacific Ocean (Convention Area) will be 

applicable from 00:00 on June 14, 2010, 

Universal Coordinated Time (UTC). In 

accordance with regulations, the 

requirements will be applicable until 

24:00 on December 31, 2011, UTC, or 

until nullified by a notification in the 

Federal Register. This action is being 

taken to implement, for U.S. fishing 

vessels, the catch retention measures 

adopted by the Commission for the 

Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(WCPFC) at its regular annual session in 

December 2008. The action will have 

the effect of requiring that U.S. purse 

seine vessels do not discard any bigeye 

tuna, yellowfin tuna, or skipjack tuna at 

sea within the Convention Area, except 

in certain specified circumstances. 

DATES: The date of applicability of 50 

CFR 300.223(d) is 00:00 on June 14, 

2010, UTC, and the requirements of that 

paragraph will be applicable until 24:00 

on December 31, 2011, UTC, or until 

nullified by a notification in the Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: Tom 

Graham, NMFS Pacific Islands Regional 

Office, 808–944–2219. 

SUPPLEMENTARY INFORMATION: 

Regulations at 50 CFR 300.223(d)(1) 

provide for NMFS to publish a 

notification in the Federal Register 

announcing the ‘‘effective date’’ of the 

catch retention requirements set forth at 

50 CFR 300.223(d)(3), which apply to 

U.S. fishing vessels equipped with 

purse seine gear operating in the 

Convention Area. The phrase ‘‘effective 

date’’ as used in 50 CFR 300.223(d) is 

synonymous with the ‘‘date of 

applicability’’ in this notice of the catch 

retention requirements. The term ‘‘date 

of applicability’’ is used here to clarify 

that the regulation, including 50 CFR 

300.223(d)(1), became effective (but not 

yet applicable) on August 3, 2009. The 

regulations at 50 CFR 300.223(d) 

establish the catch retention 

requirements adopted by the WCPFC. 

The notification by NMFS is to be based 

on NMFS’ determination as to whether 

an adequate number of WCPFC 

observers is available for the purse seine 

vessels of all members of the WCPFC as 

necessary to ensure compliance by such 

vessels with the catch retention 

requirements established by the 

WCPFC. Based upon information 

provided by the WCPFC Secretariat, 

NMFS has determined that an adequate 

number of WCPFC observers is 

currently available for placement aboard 

purse seine vessels of all WCPFC 

members. Accordingly, NMFS 

announces through this document that 

the date of applicability of the catch 

retention requirements is 00:00 on June 

14, 2010, UTC. In accordance with 50 

CFR 300.223(d)(3), the requirements 

will be applicable until 24:00 on 

December 31, 2011, UTC, or until they 

are nullified by a notification in the 

Federal Register pursuant to 50 CFR 

300.223(d)(2). 

Further information about the 

Convention, the catch retention 

requirements established by the 

WCPFC, and the basis for the catch 

retention requirements for U.S. fishing 

vessels set forth at 50 CFR 300.223(d) 

can be found in the proposed and final 

rules to establish the requirements for 

U.S. fishing vessels (74 FR 26160, June 

1, 2009; and 74 FR 38544, August 4, 

2009; respectively). 


emcdonald on DSK2BSOYB1PROD with RULES