33216 Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Proposed Rules

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Parts 171, 172, 173, 178

[Docket No. HM–181H; Notice No. 96–11]

RIN 2137–AC80

Performance-Oriented Packaging

Standards; Final Transitional

Provisions

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: RSPA is proposing to

incorporate into the Department’s

Hazardous Materials Regulations (HMR)

a number of changes, based on agency

initiative, petitions for rulemaking and

comments received at public meetings,

to the classification of certain hazardous

materials which are poisonous by

inhalation and to provisions for the

manufacture, use and reuse of

hazardous materials packagings. The

intended effect of these regulatory

changes is to improve safety, reduce

costs to offerors and transporters of

hazardous materials, make the

regulations easier to use and correct

errors.

DATES: Comments must be received on

or before August 2, 1996.

ADDRESSES: Address comments to

Dockets Unit (DHM–30), Hazardous

Materials Safety, RSPA, U.S.

Department of Transportation,

Washington, DC 20590–0001.

Comments should identify the docket

and notice number and be submitted,

when possible, in five copies. Persons

wishing to receive confirmation of

receipt of their comments should

include a self-addressed, stamped

postcard. The Dockets Unit is located in

Room 8421 of the Nassif Building, 400

Seventh Street SW., Washington, DC

20590–0001. Office hours are 8:30 am to

5:00 pm Monday through Friday, except

on public holidays when the office is

closed.

FOR FURTHER INFORMATION CONTACT: Beth

Romo, telephone (202) 366–8553, Office

of Hazardous Materials Standards, or

Bill Gramer, telephone (202) 366–4545,

Office of Hazardous Materials

Technology, Research and Special

Programs Administration, Washington

DC, 20590–0001.

SUPPLEMENTARY INFORMATION:

I. Background

On December 21, 1990, RSPA

published a final rule [Docket HM–181;

55 FR 52402], which comprehensively

revised the HMR with respect to hazard

communication, classification, and

packaging requirements based on the

United Nations (UN) Recommendations

on the Transport of Dangerous Goods. A

document responding to petitions for

reconsideration and containing editorial

and substantive revisions to the final

rule was published on December 20,

1991 [56 FR 66124]. On October 1, 1992,

under Dockets HM–181 and HM–189,

RSPA issued editorial and technical

corrections to the regulations published

in 1991. On September 24, 1993, RSPA

issued a final rule under Docket HM–

181F [58 FR 50224] which made

changes to the HMR based on agency

initiative and petitions for rulemaking

received since the December 20, 1991

response to petitions for

reconsideration. That final rule

primarily revised requirements with a

mandatory compliance date of October

1, 1993, as provided in the transitional

provisions in § 171.14(b)(4).

This rule, as proposed, addresses

most remaining issues associated with

the implementation of Docket HM–181

provisions and certain other issues

arising from a final rule issued

December 29, 1994, under Docket HM–

215A [59 FR 67390]. Many of these

proposed changes are to requirements

with a compliance date of October 1,

1996. These issues have been raised

through petitions for rulemaking and

agency initiative. Although these

proposed changes focus primarily on

provisions concerning hazard

classification and the maintenance and

use of performance packaging, RSPA

also is proposing changes to

intermediate bulk container (IBC)

requirements, portable tank

requirements, and regulated medical

waste provisions adopted under Dockets

HM–181E and HM–181G, respectively.

Several current exemptions would be

converted into regulations of general

applicability, and an approval

concerning design qualification and

periodic testing would be incorporated

into the HMR.

This proposed rule does not address

the manufacture, maintenance and use

of fiber drums. A final rule was

published February 29, 1996 [61 FR

7958] which extends the authority to

ship certain liquid hazardous materials

in open-head fiber drums that do not

meet performance-oriented packaging

standards for hazardous materials in

Packing Group III.

This proposed rule is consistent with

the goals of President Clinton’s

Regulatory Reinvention Initiative. The

President directed Federal agencies to

review all agency regulations and

eliminate or revise those that are

outdated or in need of reform. A notice

issued April 4, 1995 by RSPA requested

comments on regulatory reform (Docket

HM–222; 60 FR 17049) and announced

a comprehensive review of the HMR to

identify provisions that are candidates

for elimination, revision, clarification,

or relaxation. Certain proposed changes

in this document reflect the results of

this review.

II. Summary of Proposed Regulatory

Changes by Section

Listed below is a section-by-section

summary of the proposed changes and,

where applicable, the assigned petition

number.

Part 171

Section 171.7. The table of material

incorporated by reference would be

amended by adding a new entry

referencing a publication issued by the

Department of Health and Human

Services for defining biosafety levels.

Section 171.14. All transitional

provisions reflecting a compliance date

of October 1, 1996, or earlier would be

removed. Three remaining transition

provisions apply to packages filled prior

to October 1, 1991, new placard

specifications, and authorization for use

of fiber drums.

Part 172

Section 172.101. The text preceding

the § 172.101 Hazardous Materials Table

(HMT) sets forth procedures for using

the HMT. RSPA received a petition for

rulemaking [P–1169] from the

Hazardous Materials Advisory Council

(HMAC) requesting clarification of the

procedures contained in paragraph

(c)(12)(iii) for selecting a proper

shipping name for a material that meets

the definition of more than one hazard

class. RSPA agrees and is proposing to

replace the phrase ‘‘identify . . . by a

specific description’’ with ‘‘identify . . .

specifically by name’’ and include an

example.

Section 172.101; the Hazardous

Materials Table (HMT). A new entry to

provide for the domestic transportation

of black powder for small arms

reclassed as a Division 4.1 would be

added. This proposed revision is in

response to a petition [P–1295] asking

RSPA to incorporate the provisions of

an exemption (DOT–E–8958) into

regulations of general applicability. As

part of the justification for the request,

the petitioner noted an incident-free

shipping history of more than 12 years

and cited comparable provisions for

smokeless powder, small arms

cartridges and power device cartridges.

In conjunction with this proposed
Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Proposed Rules 33217

change, a new Special Provision 70 and

new non-bulk packaging section

§ 173.170 would be added.

In the HMT, the entries

‘‘Chlorosilanes, n.o.s.’’, with

identification numbers UN 2986, UN

2987, and UN 2988, are not authorized

to be shipped in IM portable tanks. A

petitioner [P–1257] requested that RSPA

authorize IM portable tanks for all

chlorosilanes because individual

chlorosilanes, such as

Ethyldichlorosilane,

Methyldichlorosilane and

Trichlorosilane, pose similar hazards

and are authorized under the HMR to be

shipped in IM portable tanks. RSPA

agrees with the petitioner that

authorizing certain IM portable tanks for

all chlorosilanes would not compromise

safety and would be consistent with

packaging authorizations for other

materials posing similar hazards. RSPA

proposes to add special provisions in

Column (7) for ‘‘Chlorosilanes, n.o.s.’’,

with identification numbers UN 2986,

UN 2987, and UN 2988, to permit the

transport of these materials in IM

portable tanks.

Bulk packaging references for three

Type F organic peroxides (UN 3110, UN

3119, and UN 3120) would be revised

by changing ‘‘None’’ to ‘‘225’’ in

Column (8C) to indicate that these

materials are authorized in bulk

packagings. In addition, for the entries

‘‘Organic Peroxide, type F, liquid (or

solid), temperature controlled’’ (UN

3119 and UN 3120), in Column (8A), the

packaging exception reference ‘‘152’’

would be removed for each entry to

indicate that these temperature

controlled organic peroxides are not

eligible for packaging exceptions.

Twenty-nine entries classed as

Division 4.3 (dangerous when wet)

solids in Packing Groups II and III

would be amended by revising Column

(8A) to authorize § 173.151 as a

packaging exception section.

Revisions to Classification and

Hazard Zone Identification for Certain

Materials Poisonous by Inhalation.

Based on acute inhalation toxicity data

and related information obtained by

RSPA, the HMT would be amended to

change the hazard zone for some

materials poisonous by inhalation, and

to add other materials to the list of

materials poisonous by inhalation. For

certain materials this revision would

impose more stringent hazard

communication and packaging

requirements. The materials and a

description of the data on which these

proposals are based are listed as follows:

a. Bromine trifluoride (UN1746). This

material is a liquid at 20°C and is

identified as a Hazard Zone B inhalation

hazard. Based on harmonization of the

HMR with the UN Recommendations

(Eighth revised edition), bromine

trifluoride is assigned to Division 5.1.

However, according to § 173.2a(a),

‘‘Division 6.1 (poisonous liquids),

Packing Group I, poisonous-byinhalation only’’ takes precedence over

‘‘Division 5.1 (oxidizers).’’ Therefore,

RSPA is proposing to add the plus (+)

symbol to Column 1 of the entry for

bromine trifluoride.

b. Hydrogen cyanide, solution in

alcohol (with not more than 45 percent

hydrogen cyanide) (UN3294). This

material is a liquid at 20°C and is

classified as a Division 6.1 material.

Packing Group I only is assigned.

Hydrogen cyanide, stabilized (UN1051),

is identified as a Hazard Zone A

inhalation hazard. Therefore, based on

the toxicity and volatility of hydrogen

cyanide, the packing group assigned and

the dilution factor for this solution of

hydrogen cyanide, RSPA is proposing to

identify hydrogen cyanide, solution in

alcohol with not more than 45 percent

hydrogen cyanide as a Hazard Zone B

inhalation hazard.

c. Metal carbonyls, n.o.s. (UN3281).

This generic entry covers Division 6.1,

Packing Group I, II and III toxic metal

carbonyls that are not specifically listed

by name but which exhibit acute oral,

dermal and/or inhalation toxicity. The

acute toxicity of these metal carbonyls

may differ from one compound to

another. Those toxic by inhalation may

fall into Hazard Zone A or Hazard Zone

B. Others may not be toxic by

inhalation, but may exhibit oral and/or

dermal toxicity, which places them in

Division 6.1, Packing Group I.

Therefore, RSPA is proposing to add

special provision ‘‘5’’ to Column 7 of the

entry for metal carbonyls, n.o.s. at the

Packing Group I level.

d. Methanesulfonyl chloride

(UN3246). This material is a liquid at

20°C and is classified as a Division 6.1

material. Acute inhalation toxicity data

for this material was obtained from a

Special Approval application before the

material was listed by name in the UN

Recommendations (Seventh revised

edition) and, subsequently, in the HMR.

Following publication of the final rule

under Docket HM–215A (59 FR 67390;

December 29, 1994), a manufacturer

submitted data identifying the material

as a Hazard Zone B inhalation hazard

(rat; LC50:205 ppm/1H (hour); V

(saturated vapor concentration):2760

ppm). RSPA agrees with the data and is

proposing to identify methanesulfonyl

chloride as a Hazard Zone B inhalation

hazard.

e. Methyl vinyl ketone (UN1251). This

material is a liquid at 20°C and is

classified as a Class 3 material. Acute

inhalation toxicity data for methyl vinyl

ketone was listed in the Registry of

Toxic Effects of Chemical Substances

(RTECS) (RTECS: EM9800000), as

follows: Rat; LC50:7 mg/m3/4H. The

value, converted to ppm/one hour, was:

Rat; LC50:5 ppm/1H. The saturated

vapor concentration was calculated to

be: V:93400 ppm at 20°C, indicating that

methyl vinyl ketone is a material

poisonous by inhalation and falls within

Hazard Zone A. RSPA agrees with this

data and is proposing to identify methyl

vinyl ketone as a Hazard Zone A

inhalation hazard. Also, to maintain

harmony with the UN

Recommendations (Eighth revised

edition), RSPA is proposing to add the

plus (+) symbol to Column 1 of the entry

for methyl vinyl ketone.

f. Nitriles, toxic, flammable, n.o.s.

(UN3275). This generic entry covers

Division 6.1, Packing Group I and II

toxic, flammable nitriles that are not

specifically listed by name but exhibit

acute oral, dermal and/or inhalation

toxicity. The acute toxicity of these

nitriles may differ from one compound

to another. Those toxic by inhalation

may fall into Hazard Zone A or Hazard

Zone B. Other nitriles may not be toxic

by inhalation, but may exhibit oral and/

or dermal toxicity which places them in

Division 6.1, Packing Group I.

Therefore, RSPA is proposing to add

special provision ‘‘5’’ to Column 7 of the

entry for nitriles, toxic, flammable,

n.o.s. at the Packing Group I level.

g. Nitriles, toxic, n.o.s. (UN3276). This

generic entry covers Division 6.1,

Packing Group I, II and III toxic nitriles

that are not specifically listed by name

but exhibit acute oral, dermal and/or

inhalation toxicity. The acute toxicity of

these nitriles may differ from one

compound to another. Those toxic by

inhalation may fall into Hazard Zone A

or Hazard Zone B. Other nitriles may

not be toxic by inhalation, but may

exhibit oral and/or dermal toxicity

which places them in Division 6.1,

Packing Group I. Therefore, RSPA is

proposing to add special provision ‘‘5’’

to Column 7 of the entry for nitriles,

toxic, n.o.s. at the Packing Group I level.

h. Organoarsenic compound, n.o.s.

(UN3280). This generic entry covers

Division 6.1, Packing Group I, II and III

toxic organoarsenic compounds that are

not specifically listed by name but

exhibit acute oral, dermal and/or

inhalation toxicity. The acute toxicity of

these organoarsenic compounds may

differ from one compound to another.

Those toxic by inhalation may fall into

Hazard Zone A or Hazard Zone B.

Others may not be toxic by inhalation,

but may exhibit oral and/or dermal
33218 Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Proposed Rules

toxicity which places them in Division

6.1, Packing Group I. Therefore, RSPA is

proposing to add special provision ‘‘5’’

to Column 7 of the entry for

organoarsenic compound, n.o.s. at the

Packing Group I level.

i. Organophosphorus compound,

toxic, flammable, n.o.s. (UN3279). This

generic entry covers Division 6.1,

Packing Group I and II toxic, flammable

organophosphorus compounds that are

not specifically listed by name but may

exhibit acute oral, dermal and/or

inhalation toxicity. The acute toxicity of

these organophosphorus compounds

may differ from one compound to

another. Those toxic by inhalation may

fall into Hazard Zone A or Hazard Zone

B. Others may not be toxic by

inhalation, but may exhibit oral and/or

dermal toxicity which places them in

Division 6.1, Packing Group I.

Therefore, RSPA is proposing to add

special provision ‘‘5’’ to Column 7 of the

entry for organophosphorus compound,

toxic, flammable, n.o.s. at the Packing

Group I level.

j. Organophosphorus compound,

toxic, n.o.s. (UN3278). This generic

entry covers Division 6.1, Packing

Group I, II and III toxic

organophosphorus compounds that are

not listed by name but exhibit acute

oral, dermal and/or inhalation toxicity.

The acute toxicity of these

organophosphorus compounds may

differ from one compound to another.

Those toxic by inhalation may fall into

Hazard Zone A or Hazard Zone B.

Others may not be toxic by inhalation,

but may exhibit oral and/or dermal

toxicity which places them in Packing

Group I. Therefore, RSPA is proposing

to add special provision ‘‘5’’ to Column

7 of this entry for organophosphorus

compound, toxic, n.o.s. at the Packing

Group I level.

k. Phosphorus pentafluoride

(UN2198). This material is a gas at 20°C

and is currently identified as a Hazard

Zone A inhalation hazard - a tentative

classification since no acute inhalation

toxicity data was available. The

Compressed Gas Association, Inc. (CGA)

has reviewed the acute inhalation

toxicity of phosphorous pentafluoride,

among others. In their Standard for

Classification of Toxic Gas Mixtures

(CGA P–20—1995), the CGA estimates

the toxicity to be: Rat; LC50:260 ppm/

1H. RSPA agrees with the CGA estimate

and is proposing to identify phosphorus

pentafluoride as a Hazard Zone B

inhalation hazard.

l. Tungsten hexafluoride (UN2196).

This material is a gas at 20°C and is

currently identified as a Hazard Zone C

inhalation hazard. This was an RSPA

estimate since no acute inhalation

toxicity data was available. The CGA

has reviewed the acute inhalation

toxicity of tungsten hexafluoride. In

their Standard for Classification of

Toxic Gas Mixtures, the CGA estimates

the toxicity to be: Rat; LC50:217 ppm/

1H. RSPA agrees with the CGA estimate

and is proposing to identify phosphorus

pentafluoride as a Hazard Zone B

inhalation hazard.

Section 172.102. Special Provision

B59, which authorizes AAR 207A rail

cars for phosphorus pentasulfide, would

be revised based on a petition [P–1286]

submitted by the Association of

American Railroads (AAR). In its

petition, the AAR maintained that the

current authorization in B59 for AAR

Specification ‘‘207A tank cars’’ is not

correct. The AAR acknowledged that it

has contributed to the problem by

referring to these cars in its Tank Car

Manual as tank cars, when they are, in

fact, hopper cars used to transport solid

materials. RSPA agrees that these cars

are more appropriately described as

hopper cars and proposes to amend

Special Provision B59 accordingly.

A new special provision (N42) would

be added to authorize a UN 1A1 steel

drum for stabilized benzyl chloride.

Prior to the adoption of performance

packaging standards under Docket HM–

181, the use of DOT Specification 5A

and 17C steel drums was authorized for

stabilized benzyl chloride. Under

Docket HM–181, Special Provision N43

was assigned to both stabilized and

unstabilized benzyl chloride, which

prohibited use of metal drums other

than those constructed of monel or

nickel. Based on a petition for

rulemaking [P–1296], RSPA agrees with

the petitioner that certain 1A1 steel

drums having a phenolic lining are

appropriate for stabilized benzyl

chloride. Therefore, RSPA is proposing

to remove N43 from the entry for benzyl

chloride and replace it with a new

special provision N42, which will allow

use of phenolic-lined steel drums with

a minimum thickness of 0.050 inches

which have been tested and certified to

a Packing Group I level at a specific

gravity of 1.8.

Section 172.302. In the general

marking requirements for bulk

packagings, markings on portable tanks

with capacities of less than 3,785 L

(1,000 gallons) must be at least 6.0 mm

(0.24 inch) wide and at least 25 mm

(one inch) high. RSPA received a

petition for rulemaking [P–1191]

requesting that paragraph (b)(2) of this

section be amended to decrease to 3 mm

the minimum width of markings

required on portable tanks having a

capacity less than 3,785 L (1,000

gallons). The petitioner stated that the

required minimum width (6 mm) is

disproportionate to the required

minimum height (25 mm). The

petitioner stated that this marking is

difficult to read, which reduces the

effectiveness of the marking. RSPA

agrees that the width of the markings

should be proportionate to the height,

but believes that 3 mm may be too

narrow for the size of the packaging. In

this notice, RSPA proposes to revise the

minimum width of markings for

portable tanks with capacities less than

3,785 L (1,000 gallons) to 4 mm (0.16

inches). In addition, minimum height of

markings required on IBCs would be

specified in paragraph (b)(2) as 25 mm

(one inch). Currently, minimum height

markings for IBCs would fall under

paragraph (b)(3) with IBCs described as

‘‘other bulk packagings’’ which are

required to have a minimum height of

50 mm (2.0 inches). RSPA has received

comments requesting the minimum

height requirement be lowered for IBCs.

After reviewing this issue, RSPA agrees

that the minimum marking height for

IBCs should be consistent with

markings for smaller portable tanks and

is proposing a reduction in both height

and width for IBCs.

Section 172.504. In response to a

petition for rulemaking from HMAC [P–

1169], RSPA is proposing to remove

paragraph (f)(8), which allows a CLASS

9 placard to be substituted for a

COMBUSTIBLE LIQUID placard for a

material meeting both Combustible

liquid and Class 9 hazard classes.

HMAC noted the potential for confusion

and delay of a shipment because of

inconsistencies between the

documentation and marking

requirements describing a Combustible

liquid and the application of CLASS 9

placards. In addition, this alternative

placarding conflicts with paragraph

(f)(9), which provides an exception from

placarding for Class 9 materials in

domestic transportation.

Part 173

Section 173.24a. It has come to

RSPA’s attention that certain cushioning

materials deteriorate if there is even

minimal leakage from an inner

packaging. A degradation of cushioning

materials could seriously reduce the

effectiveness of a packaging and render

it as not conforming to its marked

performance standard or not meeting

general packaging requirements.

Paragraph (a)(3) would be revised to

clarify that cushioning material used to

protect inner packagings must not be

adversely affected (e.g., disintegrate) if

there is leakage of a hazardous material

from the inner packagings. This

clarification is consistent with
Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Proposed Rules 33219

international air transport provisions

contained in the International Civil

Aviation Organization’s Technical

Instructions.

Currently, paragraphs (b)(1) and (b)(2)

provide filling limits for single and

composite packagings, but no such

limits are provided for combination

packagings. RSPA proposes to revise

paragraph (b)(2) of this section to

prescribe filling limits for all non-bulk

packagings, including combination

packagings. This provision would

prohibit combination packagings from

being filled with a hazardous material to

a gross mass greater than the maximum

gross mass marked on the packaging.

In addition, a new paragraph (e)

would be added to incorporate a

definition for stainless steel as it

pertains to non-bulk packaging. This is

consistent with paragraph (b) in

§ 173.24b for calculating equivalent

steel for bulk packagings.

Section 173.28. RSPA received a

petition [P–1303] requesting that

paragraph (b)(4) be revised to

incorporate a calculation which may be

used to determine an equivalent drum

thickness for stainless steel drums. The

petitioner maintained that drums

fabricated of stainless steel are less

susceptible to damage or a reduction in

structural integrity resulting from

mechanical stresses associated with

handling and reuse. The petitioner

further claimed that an equivalent level

of safety can be achieved through reuse

of a thinner stainless steel drum and

noted the same method is authorized

already in the HMR for calculating

equivalent minimum thicknesses of

portable tanks and metal IBCs. RSPA

agrees, and is proposing to add a

formula in paragraph (b)(4) for

calculating an equivalent minimum

thickness for stainless steel drums. This

proposed formula is consistent with the

formula contained in § 178.705 for

calculating minimum wall thicknesses

for metal IBCs.

The Association of Container

Reconditioners (ACR) submitted a

petition for rulemaking [P–1292] dated

August 10, 1995, asking RSPA to revise

the footnote in paragraph (b)(4) once

again to reflect a 1.1 mm (0.043 inch)

head. This footnote has been revised

three times since the issuance of the

1990 Docket HM–181 final rule. In 1988,

ACR (formerly National Barrel and

Drum Association) was among

commenters to the HM–181 NPRM

asking RSPA to allow the ‘‘20/18 gauge’’

drum. RSPA responded to this comment

in the 1990 final rule by adopting a

footnote to the § 173.28(b)(4) minimum

thickness table, to allow the ‘‘20/18

gauge’’ drum, (i.e. drums of 220 liters

with a body thickness of 0.82 mm and

head thickness of 1.09 mm) to be

reused. The 1991 revised final rule

under Docket HM–181 amended the

footnote to allow a minimum body

thickness of 0.8 mm, with minimum

head thickness of 1.1 mm. This change

was not based on comments or RSPA’s

intent to change minimum thickness

requirements, but from revised methods

of rounding metric units. In 1993, the

eighth revised edition of the UN

Recommendations adopted a

requirement to mark nominal thickness,

which is tied to minimum thickness by

ISO 3574. RSPA, in response to an ACR

request for clarification, stated that

drums marked in accordance with the

UN Recommendations would be

satisfactory, but they must be marked

with the minimum thickness to the

nearest 0.1 mm. In the 1994 edition of

the HMR, Footnote 1 continued to

authorize a minimum thickness of 0.8

mm (0.03 inch) body and 1.1 mm (0.043

inch) head. No changes to the footnote

were proposed in the Docket HM–215A

NPRM published July 18, 1994, but in

its September 6, 1994 comment to this

proposed rule, ACR ‘‘strongly’’ urged

RSPA to restore Footnote 1 to the

original provision implemented in the

1990 HM–181 final rule ( 0.82 mm body

and 1.09 mm head). ACR stated: ‘‘In

reprinting this table in 1991, however,

the thicknesses identified in this

footnote were changed, from 0.82 mm

(0.0324 inch) to ‘0.8 mm (0.03 inch’ in

the body and from 1.09 mm (0.0428

inch) to ‘1.1 mm (0.043 inch)’ in the

heads.’’ ACR claimed these criteria do

not correspond to the 20/18 gauge DOT

specification drums in current use at the

time HM–181 was adopted, ‘‘nor were

they explained in any fashion in the

preamble to the second printing of the

final rule.’’ ACR suggested that the

footnote ‘‘could be recast’’ to prescribe

‘‘0.9 mm nominal (0.82 mm minimum)

body and 1.2 mm nominal (1.1 mm

minimum) body’’. In the December 29,

1994 final rule issued under HM–215A,

RSPA adopted a requirement to mark

drums with nominal, rather than

minimum thickness, based on revised

UN Recommendations, but retained

minimum thickness standards for reuse.

In Footnote 1, RSPA revised the 0.8 mm

thickness to read ‘‘0.80 mm’’ for clarity.

On January 27, 1995, ACR submitted a

petition for reconsideration of HM–

215A final rule within the prescribed

30-day period following the December

29, 1994 final rule. ACR requested an

immediate ‘‘spot’’ amendment to

Footnote 1. In its petition, ACR stated

‘‘. . . we ask you to issue an immediate

correction to the footnote to

§ 173.28(b)(4) to make it read properly

as it did in the December 21, 1990

Federal Register: ‘Metal drums or

jerricans constructed with a minimum

thickness of 0.82 mm (0.032 inch) body

and 1.09 mm (0.043 inch) heads are

authorized.’ ’’ However, on February 24,

1995, after the petition for

reconsideration period for HM–215A

had ended, ACR submitted another

letter ‘‘intended to provide clarifying

detail’’ regarding Footnote 1. This letter

indicated the footnote should be

corrected to express minimum

thicknesses for nominal markings in

accordance with the ISO standard and

should reference a minimum thickness

of 0.82 mm body and 1.11 mm heads,

which would bear a nominal marking

‘‘1.2/0.9/1.2.’’ Less than a month after

receipt of the petition requesting an

immediate correction to authorize 1.09

mm minimum thickness for heads, ACR

again requested a minimum thickness of

1.11 mm heads. A revised final rule

under Docket HM–215A issued on May

18, 1995, addressed the ACR petition of

January 27, 1995, by restoring the

minimum thicknesses of 0.82 mm body

and 1.09 heads, as adopted in the HM–

181 final rule issued December 21, 1990.

ACR responded by submitting a petition

for rulemaking on August 10, 1995,

claiming that RSPA had not adjusted

Footnote 1 to correlate with ISO

Standard 3574:1986, and petitioning

RSPA to revise Footnote 1 to prescribe

a metal drum minimum thickness of

0.82 mm body and 1.11 mm heads. ACR

indicated that this would result in a

‘‘modest increase in the minimum head

thickness of 0.02 mm, . . . most of the

metal thicknesses now set forth in the

table . . . also involved modest

increases.’’ In a subsequent action, ACR

sent a letter to the RSPA Administrator,

claiming that ‘‘DOT has been unable to

successfully marry the international

standards used and cited by the UN

with DOT’s minimum thickness

requirements, with respect to ‘20/18’

style drums.’’ ACR also cited ‘‘changes

made by RSPA in HM–215A’’ (one

based on the ACR petition for a spot

amendment to restore the footnote to

0.82 body and 1.09 heads) and noted the

agency’s failure to adjust the § 173.28

footnote to correspond with ISO. Based

on this discussion, RSPA is proposing

one final adjustment to Footnote 1 to

specify a minimum thickness of 0.82

mm body and 1.11 mm head to

correspond with ISO and respond to

ACR’s latest petition.

Paragraph (b)(7)(iv)(C) would be

revised to clarify that there are

established conditions which must be

met before an approval is granted by the
33220 Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Proposed Rules

Associate Administrator for Hazardous

Materials Safety to allow relief from

leakproofness testing for a packaging

constructed of a material or thickness

not otherwise authorized in the

exception.

Paragraph (c)(2) prescribes

reconditioning requirements for nonbulk packagings other than metal

drums. Based on the merits of a request

for clarification from the National

Association of Chemical Distributors,

RSPA is proposing that paragraph (c)(2)

be revised to clarify that repair or

replacement of a bung or a removable

gasket in a plastic closed head (UN 1H1)

drum is not considered reconditioning

and does not subject the drum to

reconditioning marking requirements or

to leakproofness testing requirements if

the drum was otherwise excepted from

leakproofness testing.

Section 173.32. A final rule issued

July 26, 1994, under Docket HM–181E

adopted provisions for intermediate

bulk containers and imposed a

termination date of September 30, 1996

for new construction of DOT

Specification 56 and 57 portable tanks.

As part of that final rule, requirements

in Part 178 for design, construction and

testing of these tanks were removed.

Although new construction of these

tanks will no longer be authorized after

September 30, 1996, existing DOT 57

tanks are authorized for use as long as

they are successfully retested in

accordance with retest provisions of

§ 173.32(e). Because the pressure testing

requirements for DOT 57 tanks refer to

a section in Part 178 which has been

removed, RSPA is proposing to reinstate

this requirement in paragraph (e)(2)(i).

In addition, based on the merits of a

petition [P–1092], RSPA is proposing to

amend paragraph (d) to allow plastic

discharge valves for certain stainless

steel DOT 57 tanks constructed before

October 1, 1996. Allowing a plastic

discharge valve on these tanks will

eliminate the need for an existing

exemption, DOT–E–10916, and will

permit continued use of thousands of

portable tanks with a proven safety

record.

Section 173.115. The Association of

American Railroads (AAR), in a petition

for rulemaking [P–1152], requested a

revision to paragraph (b)(1) to correct

the conversion of 280 kPa to read ‘‘280

kPa (40.6 psia).’’ RSPA agrees and

paragraph (b)(1) is revised to reflect the

correct conversion in parentheses for

informational purposes.

Section 173.120 and Appendix H to

Part 173. Based on the merit of requests

from industry, RSPA is proposing to add

provisions to test combustible liquids

with a flash point above 60.5°C (141°F)

and below 93°C (200°F) for the ability to

sustain combustion. Appendix H was

added in the Docket HM–215A final

rule to incorporate additional testing

procedures for a material meeting the

definition of Class 3 (flammable liquid).

If this material was unable to sustain

combustion when heated under test

conditions and exposed to an external

source of flame, it was excepted from

the regulations as a Class 3 material.

This notice proposes to expand the

exception to apply to materials which

meet the definition in paragraph (b) for

combustible liquids. Appendix H to Part

173 would be revised to provide

additional test temperatures in

paragraph 5.(h) for combustible liquids

that would closely parallel the approach

for flammable liquids.

Sections 173.121, 173.125, and

173.127. Currently, procedures for

assigning a packing group to a

hazardous material in these sections

convey to the reader that the § 172.101

Table indicates that the packing group

is to be determined on the basis of the

grouping criteria for a given hazard

class. The AAR and HMAC, in petitions

for rulemaking [P–1152 and P–1169,

respectively], requested that RSPA

amend the regulatory language in

§§ 173.121(a), 173.125(a), and

173.127(b) to mirror the language in

§§ 173.133 and 173.137 for consistency

and clarity. In this notice, RSPA

proposes to clarify the methods for

determining packing groups described

in §§ 173.121(a), 173.125(a), and

173.127(b) for Class 3, Class 4, and Class

5 materials, respectively.

Section 173.133. The introductory

text of paragraph (a) sets forth

procedures for selecting packing group

or hazard zone when the § 172.101

Table provides more than one packing

group and hazard zone for a hazardous

material. The AAR requested, in a

petition for rulemaking [P–1152], that

RSPA revise the wording ‘‘provides

more than one packing group and

hazard zone’’ to read ‘‘provides more

than one packing and/or hazard zone’’

because hazard zones do not apply to

Packing Group II and III Division 6.1

materials. RSPA agrees and proposes to

revise the wording ‘‘more than one

packing group and hazard zone’’ to read

‘‘more than one packing group or hazard

zone’’.

Section 173.134. Paragraph (a)(4)

limits the definition of regulated

medical waste to exclude discarded

cultures and stocks of infectious

substances. In this proposed rule,

paragraph (b) would be revised by

adding a new paragraph (b)(4)

authorizing discarded cultures and

stocks in Biosafety Levels 1, 2 and 3, as

defined in HHS Publication No. (CDC)

93–8395, Biosafety in Microbiological

and Biomedical Laboratories, 3rd

Edition, May 1993, Section II to be

described and packaged as regulated

medical waste rather than infectious

substances. Packagings would be

required to conform to Packing Group II

performance requirements. Transport of

these materials would be limited to

private or contract motor freight carriers

in dedicated service to the

transportation of medical waste.

Section 173.151. A new paragraph (d)

would be added to incorporate limited

quantity provisions for Division 4.3

(dangerous when wet) solid materials in

Packing Groups II and III. This proposal

would align the HMR with limited

quantity exceptions contained in the UN

Recommendations.

Section 173.156. In the December 21,

1990 final rule under Docket HM–181,

RSPA imposed a gross weight limit of

30 kg (66 pounds) per package on

materials shipped under limited

quantity and consumer commodity

provisions to minimize their aggregate

risk. RSPA also provided an exception

in § 173.156 from this 30 kg weight

limitation for packages of consumer

commodities unitized in cages, carts,

boxes, or similar overpacks when

shipped by private or contract carrier or

common carrier in exclusive use

between a manufacturer, a distribution

center, and a retail outlet. RSPA

received a petition for rulemaking [P–

1213] from the Conference on the Safe

Transportation of Hazardous Articles

(COSTHA) requesting removal of the 30

kg weight restriction for ORM–D

materials packaged in ‘‘display packs.’’

COSTHA described these display packs

as containing inner receptacles of ORM–

D materials which are secured in

corrugated fiberboard trays and then

stacked and placed within a strong outer

container. Each outer container is

strapped to a wooden pallet with steel

or polyester strapping to form an

integral part of the packaging. COSTHA

claimed the completed package meets

the general packaging requirements of

Subpart B of Part 173 and is marked in

accordance with § 172.316. As part of its

petition, COSTHA cited an exemplary

safety record in transporting these

display packs under pre-HM–181

limited quantity provisions, which do

not impose any weight limitations, but

will no longer be authorized after

October 1, 1996.

RSPA believes that ORM–D materials

shipped in the above-described display

packs achieve an adequate level of

safety in transportation. Therefore,

RSPA proposes to amend § 173.156 by

revising paragraph (b) to authorize
Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Proposed Rules 33221

ORM–D materials in palletized display

packs exceeding the 30 kg (66 pound)

gross weight limitation to be offered for

transportation, or transported, by

highway or rail between a manufacturer,

a distribution center, and a retail outlet.

In addition, RSPA is proposing to

provide an exception for transportation

of ORM–D materials to disposal

facilities. A petitioner [P–1308]

requested that RSPA amend paragraph

(b) to allow discarded consumer

commodities to be transported from

manufacturing, distribution or retail

facilities to a disposal facility when

packaged in large boxes or overpacks

exceeding 30 kg (66 pounds). The

petitioner claimed that the cost of

meeting the 30 kg weight limit or

packaging these consumer commodities

in UN-certified performance packagings

far exceeds any safety benefit achieved.

The petitioner also noted that allowing

distribution centers and retail outlets to

ship discarded consumer commodities

to local disposal facilities rather than

back to the manufacturer could enhance

transportation safety by shortening the

shipping distance. RSPA agrees and is

proposing to amend paragraph (b) to

authorize discarded consumer

commodities to be shipped to disposal

facilities when packaged in large boxes

or similar overpacks exceeding 30 kg (66

pounds).

Section 173.158. This section would

be revised to authorize additional

packagings for nitric acid. RSPA

received one petition [P–1280] which

pointed out that packaging

authorizations for nitric acid in 90

percent or greater concentrations, when

offered for transportation or transported

by rail, highway or water, are more

stringent than packaging authorizations

for transportation by cargo aircraft only

or packaging authorizations for red

fuming nitric acid, a toxic by inhalation

hazard material. RSPA agrees with this

petitioner, and paragraph (d) would be

revised to authorize additional

packagings for nitric acid in

concentrations of 90 percent or greater

when offered for transportation or

transported by rail, highway or water. A

combination packaging consisting of a

1A2, 1B2, 1D, 1G, 1H2, 3H2 or 4G outer

packaging with inner glass packagings

of 2.5 L (0.66 gallons) or less capacity

cushioned with a non-reactive,

absorbent material and packed within a

leak-tight packaging of metal or plastic

would be authorized.

In addition, RSPA is proposing to

revise paragraph (f)(1) based on the

merits of a petition [P–1289] requesting

that 6HH1 and 6HA1 composite

packagings with PFA Teflon inner

receptacles be authorized for nitric acid

concentrations of 70 percent or less.

These composite packagings are

authorized under the provisions of three

exemptions and have demonstrated an

equivalent level of safety

Section 173.183. Currently under the

HMR, § 173.183 authorizes

nitrocellulose base film to be packaged

in combination packagings consisting of

inner packagings made of metal, strong

cardboard, or fiberboard, that are packed

in certain UN standard packagings.

Plastic inner packagings are not

authorized except under the terms of an

exemption. A petitioner [P–1130]

requested that RSPA amend § 173.183 to

authorize the use of polypropylene

inner packagings because polypropylene

is flame-retardant, produces minimum

toxic gases when burned, and will not

deteriorate film. Because the petitioner

has been using the packaging under the

terms of an exemption and has

encountered no adverse experience in

transportation, RSPA proposes to amend

§ 173.183 by adding a packaging

authorization to allow the use of

polypropylene inner packagings for

nitrocellulose base film.

Section 173.225. Paragraph (a) would

be revised to specify that inner plastic

packagings of a combination packaging

used for transporting organic peroxides

must be constructed of new resin. This

proposed change is based on a petition

for rulemaking [P–1281] submitted by

the Society of the Plastics Industry for

the Organic Peroxide Producers Safety

Division, which represents major U.S.

organic peroxide manufacturers. RSPA

agrees with the petitioner’s claim that

most regulated organic peroxides are too

sensitive to contamination to be stored

in packages manufactured from ‘‘resin

of unknown history.’’

Section 173.306. This section

specifies limited quantity provisions for

compressed gases. In its petition [P–

1169], HMAC requested that RSPA

amend § 173.306 by removing paragraph

(i)(1) because it is ineffective and does

not provide accurate results. In

addition, RSPA is proposing to revise

the introductory text of paragraph (i) to

clarify that flammability of aerosols is

based on obtaining a positive test result

from any of the three methods contained

in this paragraph. This approach is

consistent with the ICAO Technical

Instructions.

Section 173.314. Prior to issuance of

a final rule under Docket HM–181, the

HMR contained summer and winter fill

tables that authorized an increase in

filling densities for liquids and liquefied

gases during the winter months. In a

supplemental notice of proposed

rulemaking under Docket HM–181C (55

FR 21342), RSPA noted that this filling

limit provision was ambiguous and did

not take into account lading

temperatures that might be encountered

in transit, such as temperature extremes

in the Northern and Southern regions of

the United States. Without regard for

these broad ranges of temperature, the

HMR authorized a higher filling limit

for certain Class 2 (compressed gas)

materials in the same tank car during

the months of November through March

(winter) than during the months of April

through October (summer). Also, for

certain products RSPA discovered that

the filling limit was higher for

noninsulated tanks than for insulated

tanks during the winter season. Based

on these inconsistencies and comments

received to the Docket HM–181C NPRM,

RSPA removed the winter filling limit

criteria for tank cars in the Docket HM–

181 final rule published December 21,

1990. When transitional provisions for

the maintenance and use of current

packagings end on October 1, 1996, the

regulations will require for hazardous

materials (other than those meeting the

criteria for materials poisonous by

inhalation) a 1.0% outage (or 99.0%

filling limit) at 41° C (105° F) for

insulated tanks and 46° C (115° F) for

noninsulated tanks, throughout the year.

Unless otherwise specified in the HMR,

materials poisonous by inhalation

require a 5.0% outage (or 95% filling

limit) at 41° C (105° F) for insulated

tanks and 46° C (115° F) for

noninsulated tanks.

In a letter dated May 24,1996, the

American Petroleum Institute (API)

petitioned RSPA to amend the filling

limit regulations to account for lower air

temperatures during the winter months.

The basis for API’s letter was its further

review of safety and economic impacts

of the final rule on its member

companies. As stated in API’s letter,

‘‘the industry calculates that the amount

of product loaded will be reduced by 3.9

percent from the amount of product

now loaded using the Winter Fill tables.

In the case of uninsulated tank cars,

there is a 4.8 percent reduction. * * *’’

As part of its petition, API referenced a

Phillips Petroleum report, Maximum

Calculated Liquid Temperatures for

Tank Cars in Anhydrous Ammonia and

LP Gas Service for 14 Summer and 23

Winter Locations in the United States

for the Years 1933 through 1957, that

empirically calculated the maximum

liquid temperature in a tank under

extreme temperature conditions. This

report concludes that for liquefied

petroleum gas, the maximum

temperature of the liquid in transit

would reach 83° F in an insulated tank

car and 100.6° F for a noninsulated tank
33222 Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Proposed Rules

car in the winter months. The

temperatures indicated in the Phillips

Petroleum report are for the years 1933

through 1957.

The Phillips Petroleum report

confirms RSPA’s earlier findings that

the filling limit requirement did not take

into account the maximum lading

temperatures that might be encountered

in transit; i.e, the temperature maximum

for a noninsulated tank car loaded in the

winter season was recorded at 100.6° F,

but the pre-HM–181 regulations

assumed a temperature maximum of 32°

C (90° F). The Phillips Petroleum report

also indicates a number of data points

within the range of 90° F to 100° F

during the winter season. This data

confirms that the pre-HM–181 filling

limit for noninsulated tanks loaded in

the winter months did not allow

sufficient outage for gas expansion.

In its letter, API petitioned for a

reference temperature of 80° F for

insulated tanks, 87° F for certain

thermally protected and jacketed tanks,

and 90° F for noninsulated tanks. If

adopted, API stated that its proposed

reference temperatures for the winter

months would align the filling limit

requirement for tank cars with the

regulations in effect prior to Docket

HM–181. The filling limit reference

temperature used by API for thermally

protected and jacketed tanks is based on

RSPA’s provisions adopted recently

under Docket HM–216. In the Docket

HM–216 final rule, RSPA authorized a

new reference temperature for certain

tank cars having a thermal protection

material (see §§ 173.24b and 173.314(c)

Note 2) that reduces heat transfer into

the tank. (See 61 FR 28665)

The following Table I compares API’s

proposal and the post-HM–181 fill limit

requirement. The filling limit reference

temperatures of 46° C (115° F) and 41°

C (105° F) in § 173.24b are adjusted to

15.5° C (60° F) for liquefied petroleum

gas to correspond to pre-HM–181

regulations and to aid in the comparison

between the old and the new

requirements.

TABLE I.—API AND PRE- AND POSTHM–181 REQUIREMENTS

[Filling Limits for LPG]

Type of tank

Winter (adjusted to 60° F)

Pre

HM–181

Post

HM–181

API Proposal

Insulated ...... 0.9495 0.9108 0.9489

Thermallyprotected,

jacketed

(See HM–

216) .......... .............. .............. 0.9440

TABLE I.—API AND PRE- AND POSTHM–181 REQUIREMENTS—Continued

[Filling Limits for LPG]

Type of tank

Winter (adjusted to 60° F)

Pre

HM–181

Post

HM–181

API Proposal

Noninsulated 0.9386 0.8915 0.9380

Note: The American Society for Testing

Materials’ Table-24 provides an easy

correction factor for the conversion of a

liquid volume to 15.5° C (60° F). For

liquefied petroleum gas at 46° C (115° F), the

correction factor is 0.904. Multiplying the

post-HM–181 filling limit of 99.0% (0.990) by

the ASTM correction factor of 0.904 yields an

authorized filling limit of 89.5% at 15.5° C

(60° F), a close approximation to the preHM–181 requirement.

Although the Phillips Petroleum data

supports RSPA’s earlier findings, the

data does suggest that a lower reference

temperature than the post-HM–181

regulatory minimum may be acceptable

during the winter months. Based on a

review of API’s application and the

Phillips Petroleum report, RSPA is

proposing an amendment to the HMR to

recognize a winter filling reference

temperature. However, to account for

the maximum liquid temperature

extremes expected in transit, RSPA is

proposing winter reference temperatures

of 29° C (85° F), 32° C (90° F), and 38°

C (100° F), compared to API’s request of

84° F, 87° F, and 90° F, for insulated,

thermally-protected and jacketed, and

noninsulated tanks respectively.

RSPA is soliciting comments on

whether the temperature extremes

shown in the Phillips Petroleum report

have changed since 1957 and, if so,

whether the proposed changes in this

NPRM would have an adverse impact

on transportation safety. Commenters

also are encouraged to supply

transportation data to support or argue

against the proposed reference

temperatures in this NPRM. Such data

may be used to increase or decrease the

proposed reference temperatures.

Table II shows RSPA’s proposed

filling limits, adjusted to 15.5° C (60° F).

RSPA’s proposal would authorize a

filling limit less than API’s suggestion,

but greater than the HM–181 final rule

for noninsulated tanks loaded in the

winter. For insulated and thermallyprotected and jacketed tanks, the

proposed filling limits would authorize

a filling limit greater than the HM–181

final rule. RSPA believes that the

proposed filling limits will ensure safety

in transit while providing economic

relief from the requirements adopted in

the HM–181 final rule.

TABLE II.—PROPOSED AMENDMENTS

[Filling Limits for LPG]

Type of tank

Winter adjusted to 60°F

PreHM–181PostHM–181RSPA

proposal

Insulated ...... 0.9495 0.9108 0.9484

Thermallyprotected,

jacketed

(See HM–

216) .......... .............. .............. 0.9306

Noninsulated 0.9386 0.8915 0.9010

In this NPRM, RSPA is proposing to

amend the reference temperatures used

to calculate the required outage for tank

car tanks that are loaded during the

winter (November through March). No

changes are proposed to the reference

temperatures used for other bulk

packagings; i.e., cargo tanks and

portable tanks. This decision is based on

the Phillips Petroleum report, which

considered only tank car tanks. No

similar information has been submitted

on temperature extremes for insulated

and noninsulated cargo tanks or

portable tanks. Commenters seeking

corresponding changes for other bulk

packagings and materials should

provide RSPA with information and an

analysis similar to the Phillips

Petroleum report.

Part 178

Section 178.245. RSPA is proposing to

make several editorial changes for

clarity and one significant change to

allow DOT Specification 51 portable

tanks to have openings at locations

other than the top or one end of the tank

under certain circumstances.

Section 178.245–1. This section

would be reorganized for clarity and

revised to allow DOT Specification 51

portable tanks to have openings at

locations other than the top or one end

of the tank under certain circumstances.

When originally developed, the DOT

Specification 51 portable tank was

principally a skid mounted liquefied

petroleum gas container. With the

advent and acceptance of

containerization as a means of shipping

bulk quantities of compressed gases,

RSPA has issued numerous exemptions

which authorize the transportation in

commerce of portable tanks which fully

conform to the requirements of DOT

Specification 51 except for the location

of filling and discharge openings. These

tanks generally must be enclosed in an

ISO frame and fitted with bottom or side

filling and discharge openings. Based

upon the successful operating

experience of these tanks under

exemption, RSPA believes that the HMR
Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Proposed Rules 33223

should be revised to authorize portable

tanks with this type of loading and

discharge configuration. Additionally,

one petitioner [P–1108] requested that

paragraph (b) be amended to permit

openings on the sides or bottom of these

portable tanks. The petitioner stated that

authorizing side or bottom mounted

valves and openings on DOT

Specification 51 portable tanks is

consistent with the IMDG Code and

would improve the competitiveness of

U.S. manufacturers of these tanks in the

European market. The petitioner

asserted that the side or bottom

mounted valves would be protected to

a degree equal or greater than top

mounted valves. By adopting this

proposed change, numerous exemptions

will no longer be required.

Section 178.245–4. RSPA is proposing

to add a new paragraph (e) to require

that a DOT 51 portable tank in an ISO

framework for containerized

transportation must meet the

requirements specified in 49 CFR Parts

450–453.

Section 178.245–6. The first sentence

of paragraph (a) would be revised to

require the nameplate to be in close

proximity to the ASME plate.

Section 178.270–12. RSPA is

proposing to amend paragraph (a) to

assure that manufacturers, owners and

approval agencies are aware of the

requirements for the number and type of

closures required for filling and

discharge connections located below the

normal liquid level of DOT

Specification Intermodal (IM) portable

tanks. In a review of the regulations

concerning IM portable tanks, RSPA

discovered a discrepancy in the

regulations. While § 173.32c(g) clearly

informs shippers of the requirements for

the number and type of closures

required for filling and discharge

connections located below the normal

liquid level of the tank, there is no

corresponding requirement in the

design requirements for the manufacture

of IM portable tanks.

Section 178.601. Paragraph (g)(8)

would be added, based on an approval

issued to the Steel Shipping Container

Institute, to list changes in one or more

design elements which would constitute

a different drum design type. If one or

more of these changes is made to a

carbon steel drum having a capacity

greater than 50 liters, the drum

manufacturer must perform design

qualification testing and periodic

retesting in accordance with Subpart M

of Part 178.

Section 178.705. Paragraph (c)(2) of

this section specifies pressure relief

devices for metal IBCs. RSPA received

a petition [P–1271] from a manufacturer

of fusible vents stating that since fusible

vents do not open at room temperature,

start-to-discharge pressure requirements

in § 178.702(c)(2) appear to prohibit

fusible venting. In response to this

petition, RSPA is proposing to add a

new sentence in paragraph (c)(2)(ii) to

clarify that the specified start-todischarge pressure does not apply to

fusible links unless these links are the

sole source of pressure relief for the IBC.

In addition, a correction would be made

to the constant in the equivalence

thickness formula for U.S. Standard

Units in paragraph (c)(1)(iv)(B) to ensure

that the resulting thickness is in inches.

III. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT

Regulatory Policies and Procedures

This proposed rule is not considered

a significant regulatory action under

section 3(f) of Executive Order 12866

and therefore, was not reviewed by the

Office of Management and Budget. The

rule is not considered a significant rule

under the Regulatory Policies and

Procedures of the Department of

Transportation [44 FR 11034].

The economic impact of this proposed

rule is expected to result in only

minimal costs to certain persons subject

to the HMR and may result in modest

cost savings to a small number of

persons subject to the HMR and to the

agency. Because of the minimal

economic impact of this rule,

preparation of a regulatory impact

analysis or a regulatory evaluation is not

warranted. This certification may be

revised as a result of public comment.

B. Executive Order 12612

This proposed rule has been analyzed

in accordance with the principles and

criteria contained in Executive Order

12612 (‘‘Federalism’’). Federal law

expressly preempts State, local, and

Indian tribe requirements applicable to

the transportation of hazardous material

that cover certain subjects and are not

substantively the same as Federal

requirements. 49 U.S.C. 5125(b)(1).

These subjects are:

(1) The designation, description, and

classification of hazardous material;

(2) The packing, repacking, handling,

labeling, marking, and placarding of

hazardous material;

(3) The preparation, execution, and

use of shipping documents pertaining to

hazardous material, and requirements

respecting the number, content, and

placement of such documents;

(4) The written notification,

recording, and reporting of the

unintentional release in transportation

of hazardous material; or

(5) The design, manufacturing,

fabrication, marking, maintenance,

reconditioning, repairing, or testing of a

package or container which is

represented, marked, certified, or sold

as qualified for use in the transportation

of hazardous material.

If adopted as final, this rule would

preempt 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 law (49 U.S.C. 5125(b)(2))

provides that if DOT issues a regulation

concerning any of the covered subjects,

after November 16, 1990, DOT must

determine and publish in the Federal

Register the effective date of Federal

preemption. The effective date may not

be earlier than the 90th day following

the date of issuance of the final rule and

not later than two years after the date of

issuance. RSPA requests comments on

what the effective date of Federal

preemption should be for the

requirements in this proposed rule that

concern covered subjects.

C. Regulatory Flexibility Act

This proposed rule would respond to

petitions for rulemaking. It is intended

to provide clarification of the

regulations and relax certain

requirements. Therefore, I certify that

this proposal will not, if promulgated,

have a significant economic impact on

a substantial number of small entities.

This certification is subject to

modification as a result of a review of

comments received in response to this

proposal.

D. Paperwork Reduction Act

There are no new information

collection requirements in this proposed

rule.

E. 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.

List of Subjects

49 CFR Part 171

Exports, Hazardous materials

transportation, Hazardous waste,

Imports, Incorporation by reference,

Reporting and recordkeeping

requirements.
33224 Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Proposed Rules

49 CFR Part 172

Hazardous materials transportation,

Hazardous waste, Labels, Markings,

Packaging and containers, Reporting

and recordkeeping requirements.

49 CFR Part 173

Hazardous materials transportation,

Packaging and containers, Radioactive

materials, Reporting and recordkeeping

requirements, Uranium.

49 CFR Part 178

Hazardous materials transportation,

Motor vehicle safety, Packaging and

containers, Reporting and recordkeeping

requirements.

In consideration of the foregoing, 49

CFR Chapter I is proposed to be

amended as follows:

PART 171—GENERAL INFORMATION,

REGULATIONS, AND DEFINITIONS

1. The authority citation for Part 171

would continue to read as follows:

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

1.53.

2. In the § 171.7(a)(3) Table, a new

entry would be added in alphabetical

order to read as follows:

§ 171.7 Reference material.

(a) Matter incorporated by reference

* * *

(3) Table of material incorporated by

reference. * * *

Source and name of material 49 CFR reference

* * * * * * *

Health and Human Services:

Centers for Disease Control and Prevention, 1600 Clifton Road N.E., Atlanta GA 30333, HHS Publication No. (CDC) 93–

8395, Biosafety in Microbiological and Biomedical Laboratories, 3rd Edition, May 1993, Section II .......................................... 173.134

* * * * * * *

* * * * *

§ 171.14 [Amended]

3. In § 171.14, as amended at 61 FR

7959, effective October 1, 1996, the

following changes would be made:

a. Paragraph (a) introductory text,

paragraph (a)(1), and paragraph (b)

would be removed.

b. Paragraph (a)(2) heading would be

removed, paragraph (a)(2)(i) heading

and introductory text would be

redesignated as paragraph (a) heading

and introductory text, and paragraphs

(a)(2)(i)(A) through (a)(2)(i)(D) would be

redesignated as (a)(1) through (a)(4).

c. Paragraphs (a)(2)(ii) and (a)(2)(iii)

would be redesignated as paragraphs (b)

and (c).

PART 172—HAZARDOUS MATERIALS

TABLE, SPECIAL PROVISIONS,

HAZARDOUS MATERIALS

COMMUNICATIONS, EMERGENCY

RESPONSE INFORMATION, AND

TRAINING REQUIREMENTS

4. The authority citation for Part 172

would continue to read as follows:

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

1.53.

5. In § 172.101, a new paragraph

(c)(10)(iii) would be added to read as

follows:

§ 172.101 Purpose and use of hazardous

materials table.

* * * * *

(c) * * *

(10) * * *

(iii) A mixture or solution not

identified in the Table by a specific

description, comprised of two or more

hazardous materials in the same hazard

class, shall be described using an

appropriate shipping description (e.g.,

‘‘Flammable liquid, n.o.s.’’). Some

mixtures may be more appropriately

described according to their application,

such as ‘‘Coating solution’’ or ‘‘Extracts,

flavoring liquid’’ rather than by an n.o.s.

entry. Under the provisions of subparts

C and D of this part, the technical names

of at least two components most

predominately contributing to the

hazards of the mixture or solution may

be required in association with the

proper shipping name.

* * * * *

§ 172.101 [Amended]

6. In addition, in § 172.101, in

paragraph (c)(12), the following changes

would be made:

a. In paragraph (c)(12)(ii), in the last

sentence, the wording ‘‘technical name

of the constituent’’ would be revised to

read ‘‘technical name of one or more

constituents’’.

b. In paragraph (c)(12)(iii), in the first

sentence, the wording ‘‘by a specific

description,’’ would be revised to read

‘‘specifically by name (e.g., acetyl

chloride),’’.

7. In § 172.101, the Hazardous

Materials Table, as amended at 61 FR

18932, effective October 1, 1996, would

be amended by adding in alphabetical

order or revising the following entries to

read as follows:

§ 172.101 Purpose and use of hazardous

materials table.

* * * * *

§ 172.101—HAZARDOUS MATERIALS TABLE

Symbols

Hazardous materials descriptions and proper shipping namesHazard

class or

division

Identification num- bers

PG Label

codes

Special

provisions

(8)

Packaging authorizations

(§ 173.* * *)

(9)

Quantity

limitations

(10)

Vessel stowage requirements

Exceptions

Nonbulk

packaging

Bulk

packaging

Passenger

aircraft or

railcar

Cargo aircraft only

Vessel

stowage

Other

stowage

provisions

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

* * * * * * *

[add:]

D Black powder for small

arms.

4.1 NA0027 I 4.1 ....... 70 .......... None 170 None Forbidden Forbidden E

* * * * * * *

[Revise:]
Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Proposed Rules 33225

§ 172.101—HAZARDOUS MATERIALS TABLE—Continued

Symbols

Hazardous materials descriptions and proper shipping namesHazard

class or

division

Identification num- bers

PG Label

codes

Special

provisions

(8)

Packaging authorizations

(§ 173.* * *)

(9)

Quantity

limitations

(10)

Vessel stowage requirements

Exceptions

Nonbulk

packaging

Bulk

packaging

Passenger

aircraft or

railcar

Cargo aircraft only

Vessel

stowage

Other

stowage

provisions

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

* * * * * * *

Hydrogen cyanide, solution in alcohol with not

more than 45 percent

hydrogen cyanide.

6.1 UN3294 I 6.1, 3 2, B9,

B14,

B32,

B74,

T38,

T43,

T45.

None 227 244 .... Forbidden Forbidden D 40

* * * * * * *

Methanesulfonyl chloride 6.1 UN3246 I 6.1, 8 2, B9,

B14,

B32,

B74,

T38,

T43,

T45.

None 227 244 ... Forbidden Forbidden D 40

* * * * * * *

+ Methyl vinyl ketone ........ 3 UN1251 II 3, 6.1 1, B9,

B14,

B30,

B72,

T38,

T43,

T44.

None 226 244 ... Forbidden Forbidden D 20, 40,

95

* * * * * * *

§ 172.101 [Amended]

8. In addition, in § 172.101, in the

Hazardous Materials Table, the

following changes would be made:

a. For the entry ‘‘Benzyl chloride’’, in

column (7), Special Provision ‘‘N43’’

would be revised to read ‘‘N42’’.

b–c. For the entry ‘‘Chlorosilanes,

corrosive, flammable, n.o.s.’’, in Column

(7), Special Provisions ‘‘,T18,’’ ‘‘T26’’

would be added following ‘‘B100’’.

d. For the entry ‘‘Chlorosilanes,

corrosive, n.o.s.’’, in Column (7), Special

Provisions ‘‘,T8,’’ ‘‘T26’’ would be

added following ‘‘B2’’.

e. For the entry, ‘‘Chlorosilanes,

water-reactive, flammable, corrosive,

n.o.s.’’, in Column (7), Special

Provisions ‘‘,T24,’’ ‘‘T26’’ would be

added following ‘‘A2’’.

f. For the entries ‘‘Organic peroxide

type F, liquid, temperature controlled’’

and ‘‘Organic peroxide type F, solid,

temperature controlled’’, in Column

(8A), the reference ‘‘225’’ would be

removed each place it appears and

‘‘None’’ added in each place, and in

Column (8C), the reference ‘‘None’’

would be removed each place it appears

and ‘‘225’’ added in each place.

g. For the entry ‘‘Organic peroxide

type F, solid’’, in Column (8C), the

reference ‘‘None’’ would be removed

and ‘‘225’’ would be added in its place.

h. For the entry ‘‘Phosphorus

pentafluoride’’, in Column (7), the

wording ‘‘1’’ would be removed and ‘‘2,

B9, B14’’ would be added in its place;

in Column (8B) ‘‘302’’ would be revised

to read ‘‘302, 304’’; and in Column (8C),

‘‘None’’ would be revised to read ‘‘314,

315’’.

i. For the entry ‘‘Tungsten

hexafluoride’’, in Column (7), special

provision ‘‘3’’ would be revised to read

‘‘2’’.

j. For the entries ‘‘Metal carbonyls,

n.o.s., UN3281, PG I’’; ‘‘Nitriles, toxic,

flammable, n.o.s., UN3275, PG I’’;

‘‘Nitriles, toxic, n.o.s., UN3276, PG I’’;

‘‘Organoarsenic compound, n.o.s.,

UN3280, PG I’’; ‘‘Organophosphorus

compound, toxic, flammable, n.o.s.,

UN3279, PG I’’; and

‘‘Organophosphorus compound, toxic,

n.o.s., UN3278, PG I’’, in Column (7),

Special Provision ‘‘5’’ would be added.

k. For each of the following entries, in

Column (8A), the word ‘‘None’’ would

be removed and ‘‘151’’ added in its

place:

Alkali metal amides

Alkaline earth metal alloys, n.o.s.

Aluminum carbide

Aluminum ferrosilicon powder (both

entries)

Aluminum powder, uncoated (both

entries)

Aluminum processing by-products (both

entries)

Aluminum silicon powder, uncoated

Barium

Calcium

Calcium carbide, in Packing Group II

Calcium cyanamide with more than 0.1

percent of calcium carbide

Calcium manganese silicon

Calcium silicide (both entries)

Cerium, turnings or gritty powder

Ferrosilicon with 30 percent or more but

less than 90 percent silicon

Lithium ferrosilicon

Lithium hydride, fused solid

Lithium silicon

Magnesium granules, coated particle

size not less than 149 microns

Magnesium, powder or Magnesium

alloys, powder, in Packing Groups II

and III

Magnesium silicide

Maneb stabilized or Maneb

preparations, stabilized against selfheating

Metal hydrides, water-reactive, n.o.s., in

Packing Group II

Metallic substance, water-reactive,

n.o.s., in Packing Groups II and III

Phosphorous pentasulfide, free from

yellow or white phosphorous

Sodium aluminum hydride

Water-reactive solid, n.o.s., in Packing

Groups II and III

Zinc ashes
33226 Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Proposed Rules

9. In § 172.102, in paragraph (c)(1)

Special Provision 70 would be added, in

paragraph (c)(3) Special Provision B59

would be revised, and in paragraph

(c)(5), Special Provision N42 would be

added, to read as follows:

§ 172.102 Special provisions.

* * * * *

(c) * * *

(1) * * *

* * * * *

70 Black powder that has been classed in

accordance with the requirements of § 173.56

of this subchapter may be reclassed and

offered for domestic transportation as a

Division 4.1 material if it is offered for

transportation and transported in accordance

with the limitations and packaging

requirements of § 173.170 of this subchapter.

* * * * *

(3) * * *

* * * * *

B59 Water-tight, sift-proof, closed-top,

metal-covered hopper cars are also

authorized provided that the lading is

covered with a nitrogen blanket.

* * * * *

(5) * * *

* * * * *

N42 1A1 drums made of carbon steel

with thickness of body and heads of not less

than 0.050 inches and with a corrosionresistant phenolic lining are authorized for

stabilized benzyl chloride if tested and

certified to the Packing Group I performance

level at a specific gravity of not less than 1.8.

* * * * *

10. In § 172.302, paragraph (b) would

be revised to read as follows:

§ 172.302 General marking requirements

for bulk packagings.

* * * * *

(b) Size of markings. Except as

otherwise provided, markings required

by this subpart on bulk packagings

must—

(1) Have a width of at least 6.0 mm

(0.24 inch) and a height of at least 100

mm (3.9 inches) for rail cars;

(2) Have a width of at least 4.0 mm

(0.16 inch) and a height of at least 25

mm (one inch) for portable tanks with

capacities of less than 3,785 L (1,000

gallons) and intermediate bulk

containers; and

(3) Have a width of at least 6.0 mm

(0.24 inch) and a height of at least 50

mm (2.0 inches) for cargo tanks and

other bulk packagings.

* * * * *

§ 172.504 [Amended]

11. In § 172.504, paragraph (f)(8)

would be removed and reserved.

PART 173—SHIPPERS—GENERAL

REQUIREMENTS FOR SHIPMENTS

AND PACKAGINGS

12. The authority citation for Part 173

would continue to read as follows:

Authority: 49 U.S.C. 5102–5127; 49 CFR

1.53.

13. In § 173.24a, the last sentence of

paragraph (a)(3) and paragraph (b)(2)

would be revised, to read as follows:

§ 173.24a Additional general requirements

for non-bulk packagings and packages.

(a) * * *

(3) * * * Cushioning material must

not be capable of reacting dangerously

with the contents of the inner

packagings or having its protective

properties significantly impaired in the

event of leakage.

* * * * *

(b) * * *

(2) Except as otherwise provided in

this section, a non-bulk packaging may

not be filled with a hazardous material

to a gross mass greater than the

maximum gross mass marked on the

packaging.

* * * * *

§ 173.24b [Amended]

14. In § 173.24b, in the first sentence

of paragraph (b), the wording ‘‘stainless

steel is steel’’ would be revised to read

‘‘the reference stainless steel is stainless

steel’’.

15–16. In § 173.28, paragraphs (b)(4)

and (b)(7)(iv)(C) would be revised and a

new sentence would be added in

paragraph (c)(2) following the first

sentence, to read as follows:

§ 173.28 Reuse, reconditioning and

remanufacture of packagings.

* * * * *

(b) * * *

(4) Metal and plastic drums and

jerricans used as single packagings or

the outer packagings of composite

packagings are authorized for reuse only

when they are marked in a permanent

manner (e.g., embossed) in millimeters

with the nominal (for metal packagings)

or minimum (for plastic packagings)

thickness of the packaging material, as

required by § 178.503(a)(9) of this

subchapter, and—

(i) Except as provided in paragraph

(b)(4)(ii) of this section, conform to the

following minimum thickness criteria:

Maximum capacity not over

Minimum thickness of packaging material

Metal drum or jerrican Plastic drum or jerrican

20 L .......................................................................................................... 0.63 mm (0.025 inch) ............................... 1.1 mm (0.043 inch)

30 L .......................................................................................................... 0.73 mm (0.029 inch) ............................... 1.1 mm (0.043 inch)

40 L .......................................................................................................... 0.73 mm (0.029 inch) ............................... 1.8 mm (0.071 inch)

60 L .......................................................................................................... 0.92 mm (0.036 inch) ............................... 1.8 mm (0.071 inch)

120 L ........................................................................................................ 0.92 mm (0.036 inch) ............................... 2.2 mm (0.087 inch)

220 L ........................................................................................................ 0.92 mm (0.036 inch) 1 ............................. 2.2 mm (0.087 inch)

450 L ........................................................................................................ 1.77 mm (0.070 inch) ............................... 5.0 mm (0.197 inch)

1 Metal drums or jerricans constructed with a minimum thickness of 0.82 mm body and 1.11 mm heads are authorized.

(ii) For stainless steel drums and

jerricans, conform to a minimum wall

thickness as determined by the

following equivalence formula:

e

e

Rm A

1

0

3

1 1

21 4 = ×

×

.

e

e

Rm A

1

0

3

1 1

21 4

145

= ×

( ) ×

.

/

Where:

e1 = required equivalent wall thickness

of the metal to be used (in mm or,

for U.S. Standard units, use inches).

eo = required minimum wall thickness

for the reference steel (in mm or, for

U.S. Standard units, use inches).

Rm1 = guaranteed minimum tensile

strength of the metal to be used (in

N/mm2 or for U.S. Standard units,

use pounds per square inch).

A1 = guaranteed minimum elongation

(as a percentage) of the metal to be

used on fracture under tensile stress

(see paragraph (c)(1) of this section).

* * * * *

(7) * * *

(iv) * * *

(C) another material or thickness

when approved under the conditions

established by the Associate
Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Proposed Rules 33227

Administrator for Hazardous Materials

Safety for reuse without retesting.

(c) * * *

(2) * * * For a UN 1H1 plastic drum,

replacing a removable gasket or closure

device with a replacement which

provides equivalent performance does

not constitute reconditioning. * * *

* * * * *

§ 173.28 [Amended]

17. In addition, in § 173.28, in the first

sentence of paragraph (c)(2), the

wording ‘‘or a UN 1H1 plastic drum’’

would be added immediately following

the wording ‘‘other than a metal drum’’.

18. In § 173.32, in paragraph (d) a new

sentence would be added at the end of

the paragraph and in paragraph (e)(2)(i),

the second sentence would be revised,

to read as follows:

§ 173.32 Qualification, maintenance and

use of portable tanks other than

Specification IM portable tanks.

* * * * *

(d) * * * A stainless steel portable

tank internally lined with polyethylene,

which was constructed on or before

October 1, 1996, and complies with all

requirements of Specification 57 except

that it is equipped with a polypropylene

discharge ball valve and polypropylene

secondary discharge opening closure,

may be marked as a Specification 57

portable tank and used in accordance

with the provisions of this section.

(e) * * *

(2) * * *

(i) * * * Each Specification 57 tank

must be leak tested by a minimum

sustained air pressure of at least three

pounds per square inch gage applied to

the entire tank. * * *

* * * * *

§ 173.115 [Amended]

19. In § 173.115, in paragraph (b)(1),

the wording ‘‘(41 psia)’’ would be

revised to read ‘‘(40.6 psia)’’.

20. In § 173.120, paragraph (b)(1)

would be amended by adding two

sentences at the end of the paragraph to

read as follows:

§ 173.120 Class 3—Definitions.

* * * * *

(b) * * *

(1) * * * A combustible liquid which

does not sustain combustion is not

subject to the requirements of this

subchapter as a combustible liquid. A

procedure for determining if a material

sustains combustion when heated under

test conditions and exposed to an

external source of flame is provided in

Appendix H of this part.

* * * * *

§ 173.121 [Amended]

21. In § 173.121, in the second

sentence of paragraph (a), the wording

‘‘or indicates that the packing group is

to be determined on the basis of the

grouping criteria for Class 3,’’ would be

removed.

22. In § 173.125, paragraph (a) would

be revised to read as follows:

§ 173.125 Class 4—Assignment of packing

group.

(a) The packing group of a Class 4

material is assigned in Column (5) of the

§ 172.101 Table. When the § 172.101

Table provides more than one packing

group for a hazardous material, the

packing group shall be determined on

the basis of test results following test

methods given in appendix E of this

part and by applying the appropriate

criteria given in this section.

* * * * *

23. In § 173.127, the section heading

would be revised, paragraph (b)(1)

would be removed, paragraphs (b)(2)

and (b)(3) would be redesignated as

paragraphs (b)(1) and (b)(2), and the

paragraph (b) heading and newly

designated paragraph (b)(1) introductory

text would be revised to read as follows:

§ 173.127 Class 5, Division 5.1—Definition

and assignment of packing group.

* * * * *

(b) Assignment of packing group. (1)

The packing group of a Division 5.1

material shall be as assigned in Column

(5) of the § 172.101 Table. When the

§ 172.101 Table provides more than one

packing group for a hazardous material,

the packing group shall be determined

on the basis of test results following test

methods given in appendix F of this

part and by applying the following

criteria:

* * * * *

§ 173.133 [Amended]

24. In § 173.133, in paragraph (a)

introductory text, in the second

sentence, the wording ‘‘more than one

packing group and hazard zone’’ would

be revised to read ‘‘more than one

packing group or hazard zone’’.

25. In § 173.134, the introductory text

of paragraph (b)(3)(ii) would be revised

and a new paragraph (b)(4) would be

added to read as follows:

§ 173.134 Class 6, Division 6.2—

Definitions, exceptions and packing group

assignments.

* * * * *

(b) * * *

(3) * * *

(ii) For other than a waste culture or

stock of an infectious substance, the

specific packaging requirements of

§ 173.197, if packaged in a rigid nonbulk packaging conforming to—

* * * * *

(4) A waste culture or stock of

infectious substances may be offered for

transportation and transported as a

regulated medical waste when the

culture or stock—

(i) Conforms to Biosafety Levels 1, 2

or 3, as defined in HHS Publication No.

(CDC) 93–8395, Biosafety in

Microbiological and Biomedical

Laboratories. 3rd Edition, May 1993,

Section II;

(ii) Is packaged in accordance with

requirements specified in § 173.197; and

(iii) Is transported by a private or

contract carrier using a vehicle

dedicated to the transportation of

medical waste.

* * * * *

26. In § 173.151, the section heading

would be revised and a new paragraph

(d) would be added to read as follows:

§ 173.151 Exceptions for Class 4.

* * * * *

(d) Limited quantities of Division 4.3

(dangerous when wet) material. Limited

quantities of Division 4.3 (dangerous

when wet) solids in Packing Groups II

and III are excepted from labeling,

unless offered for transportation or

transported by aircraft, and the

specification packaging requirements of

this subchapter when packaged in

combination packagings according to

this paragraph. In addition, shipments

of limited quantities are not subject to

subpart F (Placarding) of part 172 of this

subchapter. Each package must conform

to the packaging requirements of

subpart B of this part and may not

exceed 30 kg (66 pounds) gross weight.

The following combination packagings

are authorized:

(1) For Division 4.3 solids in Packing

Group II, inner packagings not over 0.5

kg (1.1 pound) net capacity each,

packed in strong outer packagings; and

(2) For Division 4.3 solids in Packing

Group III, inner packagings not over 1

kg (2.2 pounds) net capacity each,

packed in strong outer packagings.

27. In § 173.156, paragraph (b) would

be revised to read as follows.

§ 173.156 Exceptions for ORM materials.

* * * * *

(b) ORM–D. Packagings for ORM–D

materials are specified according to

hazard class in §§ 173.150 through

173.155 and in § 173.306. In addition to

other exceptions specified for ORM–D

materials in this part:

(1) Strong outer packagings as

specified in this part, the marking

requirements specified in § 172.316 of

this subchapter, and the 30 kg (66
33228 Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Proposed Rules

pound) gross weight limitation are not

required for materials classed as ORM–

D when unitized in cages, carts, boxes

or similar overpacks and when offered

for transportation, or transported, by rail

or by a private or contract motor carrier

or a common carrier vehicle under

exclusive use for such service, to or

from a manufacturer, a distribution

center, or a retail outlet, or to a disposal

facility.

(2) The 30 kg (66 pound) gross weight

limitation does not apply to materials

classed as ORM–D when offered for

transportation, or transported, by

highway or rail between a manufacturer,

a distribution center, and a retail outlet

provided—

(i) The combination packaging

consists of inner containers conforming

to the quantity limits for inner

packagings specified in §§ 173.150(b),

173.152(b), 173.154(b), 173.155(b) and

173.306(a) and (b), as appropriate;

(ii) The inner containers are packed

into corrugated fiberboard trays to

prevent individual containers from

moving freely inside the completed

combination packaging;

(iii) The trays are placed in a

fiberboard box which is banded and

secured to a wooden pallet by metal,

fabric, or plastic straps, to form a single

palletized unit;

(iv) The package conforms to the

general packaging requirements of

subpart B of this part;

(v) The maximum net quantity of

hazardous material permitted on one

palletized unit is 250 kg (550 pounds);

and

(vi) The package is properly marked

in accordance with § 172.316 of this

subchapter.

28. In § 173.158, paragraph (d) would

be revised, and paragraph (f)(1) would

be amended by adding a sentence at the

end of the paragraph, to read as follows:

§ 173.158 Nitric acid.

* * * * *

(d) Nitric acid of 90 percent or greater

concentration, when offered for

transportation or transported by rail,

highway, or water may be packaged as

follows:

(1) In 4C1, 4C2, 4D or 4F wooden

boxes with inner packagings consisting

of glass bottles further individually

overpacked in tightly closed metal

packagings. Glass bottles must be of 2.5

L (0.66 gallon) or less capacity and

cushioned with a non-reactive,

absorbent material within the metal

packagings.

(2) In combination packagings with

1A2, 1B2, 1D, 1G, 1H2, 3H2 or 4G outer

packagings with inner glass packagings

of 2.5 L (0.66 gallons) or less capacity

cushioned with a non-reactive,

absorbent material and packed within a

tightly closed intermediate packaging of

metal or plastic.

* * * * *

(f) * * *

(1) * * * 6HH1 and 6HA1 composite

packaging with plastic inner receptacles

meeting the compatibility requirements

§ 173.24(e) (e.g., PFA Teflon) are

authorized.

* * * * *

29. Section 173.170 would be added

to read as follows:

§ 173.170 Black powder for small arms.

Black powder for small arms that has

been classed in Division 1.1 may be

reclassed as a Division 4.1 material, for

domestic transportation by motor

vehicle, rail freight, and cargo vessel

only, subject to the following

conditions:

(a) The powder must be examined and

approved for Division 1.1 classification

in accordance with § 173.56 and 173.58;

(b) The total quantity of black powder

in one motor vehicle, rail car, or freight

container may not exceed 45.4 kg (100

pounds) net mass, and no more than

four freight containers may be on board

one cargo vessel;

(c) The black powder must be packed

in inner metal or heavy wall conductive

plastic receptacles not over 450 g (15.9

ounces) net capacity each, with no more

than 25 cans in one outer UN 4G

fiberboard box. The inner packagings

must be arranged and protected so as to

prevent simultaneous ignition of the

contents;

(d) Each completed package must be

marked ‘‘BLACK POWDER FOR SMALL

ARMS’’ and ‘‘UN 1325’’; and

(e) Each package must bear the

FLAMMABLE SOLID label.

§ 173.183 [Amended]

30. In § 173.183, in paragraphs (a) and

(b), the wording ‘‘, polypropylene

canister,’’ would be added immediately

following the wording ‘‘closed metal

can’’ each place it appears.

31. In § 173.225, in paragraph (a), a

new sentence would be added as the

penultimate sentence to read as follows:

§ 173.225 Packaging requirements and

other provisions for organic peroxides.

(a) * * * No used material, other

than production residues or regrind

from the same production process, may

be used in plastic packagings. * * *

* * * * *

32. In § 173.306, paragraph (i)(1)

would be removed, paragraphs (i)(2)

through (i)(4) would be redesignated as

paragraphs (i)(1) through (i)(3),

respectively, and the introductory text

in paragraph (i) would be revised to

read as follows:

§ 173.306 Limited quantities of

compressed gases.

* * * * *

(i) An aerosol is flammable if a

positive test result is obtained using any

of the following test methods:

* * * * *

33. In § 173.314, as amended at 60 FR

49074, effective July 1, 1996, and further

amended at 61 FR 28676, effective

October 1, 1996, in the paragraph (c)

table, Note 2 would be revised and

Notes 9 and 10 would be added, to read

as follows:

§ 173.314 Compressed gases in tank cars

and multi-unit tank cars.

* * * * *

(c) * * *

Notes:

* * * * *

2. The liquefied gas must be loaded so that

the outage is at least two percent of the total

capacity of the tank at the reference

temperature of 46°C (115°F) for a

noninsulated tank; 43°C (110°F) for a tank

having a thermal protection system

incorporating a metal jacket that provides an

overall thermal conductance at 15.5°C (60°F)

of no more than 10.22 kilojoules per hour per

square meter per degree Celsius (0.5 Btu per

hour/per square foot/per degree F)

temperature differential; and 41°C (105°F) for

an insulated tank having an insulation

system incorporating a metal jacket that

provides an overall thermal conductance at

15.5°C (60°F) of no more than 1.5333

kilojoules per hour per square meter per

degree Celsius (0.075 Btu per hour/per square

foot/per degree F) temperature differential.

* * * * *

9. For a liquefied petroleum gas, the

liquefied gas must be loaded so that the

outage is at least one percent of the total

capacity of the tank at the reference

temperature of 46°C (115°F) for a

noninsulated tank; 43°C (110°F) for a tank

having a thermal protection system

incorporating a metal jacket that provides an

overall thermal conductance at 15.5°C (60°F)

of no more than 10.22 kilojoules per hour per

square meter per degree Celsius (0.5 Btu per

hour/per square foot/per degree F)

temperature differential; and 41°C (105°F) for

an insulated tank having an insulation

system incorporating a metal jacket that

provides an overall thermal conductance at

15.5°C (60°F) of no more than 1.5333

kilojoules per hour per square meter per

degree Celsius (0.075 Btu per hour/per square

foot/per degree F) temperature differential.

10. For liquefied petroleum gas and

anhydrous ammonia, during the months of

November through March (winter), the

following reference temperatures may be

used: 38°C (100°F) for a noninsulated tank;

32°C (90°F) for a tank having a thermal

protection system incorporating a metal

jacket that provides an overall thermal

conductance at 15.5°C (60°F) of no more than

10.22 kilojoules per hour per square meter
Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Proposed Rules 33229

per degree Celsius (0.5 Btu per hour/per

square foot/per degree F) temperature

differential; and 29°C (85°F) for an insulated

tank having an insulation system

incorporating a metal jacket and insulation

that provides an overall thermal conductance

at 15.5°C (60°F) of no more than 1.5333

kilojoules per hour per square meter per

degree Celsius (0.075 Btu per hour/per square

foot/per degree F) temperature differential.

The winter reference temperatures may only

be used for a tank car shipped directly to a

consumer for unloading and not stored in

transit. The offeror of the tank must inform

each customer that the tank car was filled

based on winter reference temperatures and

must be unloaded as soon as possible after

March in order to retain the specified outage

and to prevent a release of hazardous

material which might occur due to the tank

car becoming liquid full at higher

temperatures.

* * * * *

§ 173.314 [Amended]

34. In addition, in § 173.314, in the

paragraph (c) table, as amended at 60 FR

49074, effective July 1, 1996, and further

amended at 61 FR 28676, effective

October 1, 1996, the following changes

would be made:

a. For the entry ‘‘Ammonia,

anhydrous, or ammonia solutions > 50

percent ammonia’’, in Column 2, the

wording ‘‘Note 2’’ would be removed

and ‘‘Notes 2, 10’’ added in its place.

b. For the entry ‘‘Division 2.1

materials not specifically provided in

this table’’ in Column 2, the wording

‘‘Note 3’’ would be removed and the

wording ‘‘Notes 3, 9, 10’’ added in its

place.

Appendix H to Part 173 [Amended]

35. In Appendix H to Part 173, the

second sentence of paragraph 5.(b)

would be revised and in paragraph 5.(h),

a sentence would be added at the end

of the paragraph to read as follows:

Appendix H to Part 173—Method of

Testing for Sustained Combustibility

* * * * *

5. * * *

(b) * * * For the appropriate test

temperature, see paragraph 5.(h) of this

appendix. * * *

* * * * *

(h) * * * In the case of a material which

has a flash point above 60.5°C (141°F) and

below 93°C (200°F), if sustained combustion

interpreted in accordance with paragraph 6.

of this appendix is not found at a test

temperature of 5°C (9°F) above its flash point,

repeat the complete procedure with new test

portions, but at a test temperature of 20°C

(36°F) above its flash point.

* * * * *

PART 178—SPECIFICATIONS FOR

PACKAGINGS

36. The authority citation for part 178

would continue to read as follows:

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

1.53.

37. Section 178.245–1 would be

revised to read as follows:

§ 178.245–1 Requirements for design and

construction.

(a) Tanks must be seamless or welded

steel construction or combination of

both and have a water capacity in excess

of 1,000 pounds. Tanks must be

designed, constructed, certified and

stamped in accordance with the ASME

Code.

(b) Tanks must be postweld heat

treated and radiographed as prescribed

in the ASME Code except that each tank

constructed in accordance with part

UHT of the ASME Code must be

postweld heat treated. Where postweld

heat treatment is required, the tank must

be treated as a unit after completion of

all the welds in and/or to the shell and

heads. The method must be as

prescribed in the ASME Code. Welded

attachments to pads may be made after

postweld heat treatment is made. A tank

used for anhydrous ammonia must be

postweld heat treated. The postweld

heat treatment must be as prescribed in

the ASME Code, but in no event at less

than 1050°F tank metal temperature.

Additionally, tanks constructed in

accordance with part UHT of the ASME

Code must conform to the following

requirements:

(1) Welding procedure and welder

performance tests must be made

annually in accordance with section IX

of the ASME Code. In addition to the

essential variables named therein the

following must be considered to be

essential variables: Number of passes,

thickness of plate, heat input per pass,

and manufacturer’s identification of rod

and flux. The number of passes,

thickness of plate and heat input per

pass may not vary more than 25 percent

from the procedure qualification.

Records of the qualification must be

retained for at least 5 years by the tank

manufacturer and made available to

duly identified representatives of the

Department of Transportation or the

owner of the tank.

(2) Impact tests must be made on a lot

basis. A lot is defined as 100 tons or less

of the same heat and having a thickness

variation no greater than plus or minus

25 percent. The minimum impact

required for full-sized specimens shall

be 20 foot-pounds (or 10 foot-pounds for

half-sized specimens) at 0°F Charpy V–

Notch in both the longitudinal and

transverse direction. If the lot test does

not pass this requirement, individual

plates may be accepted if they

individually meet this impact

requirement.

(c) Except as provided in paragraph

(d) of this section, all openings in the

tank shall be grouped in one location,

either at the top of the tank or at one end

of the tank.

(d) The following openings may be

installed at locations other than on the

top or end of the tank:

(1) The openings for liquid level

gauging devices, or for safety devices,

may be installed separately at the other

location or in the side of the shell;

(2) One plugged opening of 2-inch

National Pipe Thread or less provided

for maintenance purposes may be

located elsewhere;

(3) An opening of 3-inch National

Pipe Size or less may be provided at

another location, when necessary, to

facilitate installation of condensing

coils; or

(4) Filling and discharge connections

may be installed below the normal

liquid level of the tank if the tank design

conforms to the following requirements:

(i) The tank must be permanently

mounted in a full framework for

containerized transport. For each tank

design, a prototype tank, must fulfill the

requirements of parts 450 through 453

of this title for compliance with the

requirements of Annex II of the

International Convention for Safe

Containers.

(ii) Each filling and discharge

connection must be equipped with an

internal self-closing stop-valve capable

of closing within 30 seconds of

actuation. Each internal self-closing

stop-valve must be protected by a shear

section or sacrificial device located

outboard of the valve. The shear section

or sacrificial device must break at no

more than 70 percent of the load that

would cause failure of the internal selfclosing stop-valve.

(iii) Each internal self-closing stopvalve must be provided with remote

means of automatic closure, both

thermal and mechanical. The thermal

means of automatic closure must actuate

at a temperature of not over 250°F.

(e) Each uninsulated tank used for the

transportation of compressed gas, as

defined in § 173.300 of this subchapter,

must have an exterior surface finish that

is significantly reflective, such as a light

reflecting color if painted, or a bright

reflective metal or other material if

unpainted.

38. In § 178.245–4, a new paragraph

(e) would be added to read as follows:
33230 Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / Proposed Rules

§ 178.245–4 Tank mountings.

* * * * *

(e) A DOT 51 portable tank that meets

the definition of ‘‘container’’ in

§ 450.3(a)(3) must meet the

requirements of parts 450 through 453

of this title, in addition to the

requirements of this subchapter.

§ 178.245–6 [Amended]

39. In § 178.245–6, in the first

sentence of paragraph (a), the wording

‘‘on one of the heads of the tank’’ would

be revised to read ‘‘in close proximity to

the ASME ‘‘U’’ stamp certification’’.

40. In § 178.270–12, in paragraph (a),

the first two sentences would be revised

to read as follows:

§ 178.270–12 Valves, nozzles, piping, and

gauging devices.

(a) All tank nozzles, except those

provided for filling and discharge

connections below the normal liquid

level of the tank, relief devices,

thermometer wells, and inspection

openings, must be fitted with manually

operated stop valves located as near the

shell as practicable either internal or

external to the shell. Each filling and

discharge connection located below the

normal liquid level of the tank must be

equipped with an internal discharge

valve. * * *

* * * * *

41. In § 178.601, the word ‘‘or’’ would

be removed at the end of paragraph

(c)(4)(iv), the period at the end of

(c)(4)(v) would be removed and ‘‘; or’’

added in its place and new paragraphs

(c)(4)(vi) and (g)(8) would be added to

read as follows:

§ 178.601 General requirements.

* * * * *

(c) * * *

(4) * * *

(vi) For a steel drum, variations in

design elements which do not constitute

a different design type under the

provisions of paragraph (g)(8) of this

section.

* * * * *

(g) * * *

(8)(i) For a steel drum with a capacity

greater than 50 liters manufactured from

low carbon, cold-rolled sheet steel

meeting ASTM designations A366/

A366M or A568/A568M, a change in

any one or more of the following design

elements constitutes a different drum

design type:

(A) The packaging type and category

of the original drum and the

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

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

tapered);

(C) The rated (marked) capacity and

outside dimensions;

(D) The physical state for which the

packaging was originally approved (e.g.,

tested for solids or liquids);

(E) The marked level of performance

of the original drum (i.e., the highest

packing group, hydrostatic test pressure,

or specific gravity to which the

packaging has been tested);

(F) Type of side seam welding;

(G) Steel thicknesses in the head, in

the body and in the bottom, and type of

steel, i.e., stainless or low-carbon;

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

double seam);

(I) The number of rolling hoops which

equal or exceed the diameter over the

chimes;

(J) The location, type or size, and

material of closures (other than the

cover of UN 1A2 drums); and

(K) For UN 1A2 drums:

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

properties affecting the performance of

the gasket;

(2) Configuration or dimensions of the

gasket;

(3) Closure ring style including bolt

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

bolt); and

(4) Closure ring thickness.

(ii) Variations in elements other than

those listed in paragraph (g)(8)(i) of this

section are considered minor and do not

constitute a different drum design type,

or ‘‘different packaging’’ as defined in

paragraph (c) of this section for which

design qualification testing and periodic

retesting are required. Minor variations

authorized without further testing

include changes in the identity of the

supplier of component material made to

the same specifications, or the original

manufacturer of a DOT specification or

UN standard drum to be

remanufactured.

* * * * *

42. In § 178.705, in paragraph

(c)(2)(ii), a new second sentence would

be added after the first sentence to read

as follows.

§ 178.705 Standards for metal intermediate

bulk containers.

* * * * *

(c) * * *

(2) * * *

(ii) * * * This does not apply to

fusible links unless such devices are the

only source of pressure relief for the

IBC. * * *

* * * * *

§ 178.705 [Amended]

43. In addition, in § 178.705, in

paragraph (c)(1)(iv)(B), in the second

formula, the Formula for U.S. Standard

units, the number ‘‘544’’ would be

revised to read ‘‘21.4’’.

Issued in Washington, DC on June 12, 1996

under authority delegated in 49 CFR part

106.

Alan I. Roberts,

Associate Administrator for Hazardous

Materials Safety.

[FR Doc. 96–15272 Filed 6–25–96; 8:45 am]

BILLING CODE 4910–60–P