Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Proposed Rules 60017 

Flooding source(s) Location of referenced elevation 

* Elevation in feet (NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in meters 

(MSL) 

Effective Modified Communities affected 

Soap Creek ........................... At the confluence with Joe Pool Lake .......................... None +540 City of Grand Prairie, City 

of Midlothian, Unincorporated Areas of Ellis 

County. 

Approximately 0.26 mile downstream of U.S. Route 

67.

None +598 

West Soap Creek .................. At the confluence with Soap Creek .............................. None +581 Unincorporated Areas of 

Ellis County. 

Approximately 0.5 mile upstream of Ray White Road None +601 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate. 

Map located at the community map repository (see below) for exact locations of all BFEs to be changed. 

Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency 

Management Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

City of Cedar Hill 

Maps are available for inspection at City Hall, 502 Cedar Street, Cedar Hill, TX 75104. 

City of Grand Prairie 

Maps are available for inspection at City Hall, 317 College Street, Grand Prairie, TX 75053. 

City of Midlothian 

Maps are available for inspection at City Hall, 104 West Avenue East, Midlothian, TX 76065. 

Unincorporated Areas of Ellis County 

Maps are available for inspection at the Ellis County Courthouse, 101 West Main Street, Waxahachie, TX 75165. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: September 17, 2010. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2010–24370 Filed 9–28–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 107, 171, 172, 173, 174, 

177, 178, and 180 

[Docket No. PHMSA–2009–0151 (HM–218F)] 

RIN 2137–AE46 

Hazardous Materials; Miscellaneous 

Amendments 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: PHMSA proposes to make 

miscellaneous amendments to the 

Hazardous Materials Regulations to 

update and clarify certain regulatory 

requirements. Among other provisions, 

PHMSA is proposing to add a labeling 

exception for ‘‘consolidation bins’’ to 

facilitate use of bins as a method of 

consolidating packages for ease of 

handling when transported by motor 

vehicle and to clarify that the definition 

of ‘‘person,’’ as that term is used in the 

regulations, also includes persons who 

manufacture, test, repair, and 

recondition packaging. PHMSA also 

proposes to provide an exception from 

regulation for permeation devices 

containing small amounts of hazardous 

materials. 

DATES: Comments must be received by 

November 29, 2010. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Dockets Management System; 

U.S. Department of Transportation, 

Dockets Operations, M–30, Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

• Hand Delivery: To U.S. Department 

of Transportation, Dockets Operations, 

M–30, Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Instructions: Include the agency name 

and docket number PHMSA–2009–0151 

(HM–218F) or RIN 2137–AE46 for this 

rulemaking at the beginning of your 

comment. Note that all comments 

received will be posted without change 

to http://www.regulations.gov including 

any personal information provided. If 

sent by mail, comments must be 

submitted in duplicate. Persons wishing 

to receive confirmation of receipt of 

their comments must include a selfaddressed stamped postcard. 

Privacy Act: Anyone is able to search 

the electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

document (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 


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60018 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Proposed Rules 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477), or you may visit http:// 

www.regulations.gov. 

Docket: You may view the public 

docket through the Internet at http:// 

www.regulations.gov or in person at the 

Docket Operations office at the above 

address (See ADDRESSES). 

FOR FURTHER INFORMATION CONTACT: 

Deborah L. Boothe, Office of Hazardous 

Materials Standards, (202) 366–8553, 

Pipeline and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This NPRM is designed to update and 

clarify existing requirements by 

incorporating changes into the 

Hazardous Materials Regulations (HMR; 

49 CFR parts 171–180) based on 

PHMSA’s own initiatives and petitions 

for rulemaking submitted in accordance 

with 49 CFR 106.95. To this end, 

PHMSA is proposing to eliminate, 

revise, clarify and relax certain 

regulatory requirements. 

In this NPRM, PHMSA is proposing 

to: 

• Update incorporations by reference 

of industry consensus standards issued 

by the Aluminum Association; the 

American Society for Testing and 

Materials; and the Institute of Makers of 

Explosives (see §§ 173.63 and 177.835). 

• Add a requirement for each 

applicant to a special permit under 

§§ 107.105, 107.107, and 107.109 to 

identify their role as a shipper (offeror), 

carrier, or both. 

• Revise the definition of ‘‘person’’ to 

include those who manufacture, test, 

repair, and recondition packages (see 

§ 171.8). 

• Revise the Hazardous Materials 

Table (HMT) to harmonize certain 

entries with international standards (see 

§ 172.101) by adding and revising 

certain proper shipping names. Most 

significantly, we are adding a new entry 

‘‘Formaldehyde solutions (with not less 

than 10% and less than 25% 

formaldehyde)’’ to clarify requirements 

applicable to formaldehyde and 

formalin with less than 10% 

formaldehyde; revising the entry for 

‘‘Environmentally hazardous substances, 

liquid, n.o.s.’’ to provide packaging 

exceptions for certain materials that are 

assigned to UN3082; and adding a new 

special provision 176 to § 172.102 to 

clarify the differences between Class 3 

and Class 9 formaldehyde solutions. 

• Add a new italicized entry to the 

HMT for ‘‘Permeation devices’’ 

referencing a new § 173.175 applicable 

to permeation devices to provide an 

exception for permeation devices 

containing hazardous materials. 

Permeation devices are used for 

calibrating air quality monitoring 

devices for consistency. This change 

harmonizes the HMR with the current 

exception in the international 

regulations for these devices. 

• Update and clarify hazard 

communication requirements applicable 

to Class 9 label specifications; placard 

size; IBCs; and Division 6.2 labels. 

• Authorize the use of an alternative 

bend test for DOT 3AA and 3AAX steel 

cylinders. 

• Revise § 178.71 to authorize the use 

of either a proof pressure or volumetric 

expansion test as described in the ISO 

7866 and 9809 standards. 

• Revise § 171.14 transitional 

provisions to remove expired 

transitional provisions and incorporate 

certain transitional provisions into the 

specific sections of the HMR. 

• Revise provisions in § 173.56(j) to 

further clarify the use of the American 

Pyrotechnics Association (APA) 

standard for classifying and approving 

fireworks. 

• Revise § 172.404 to provide a 

labeling exception for consolidation 

bins used to transport hazardous 

materials by motor carrier. 

• Revise § 178.345.1 to allow vapors 

to escape through a vent or drain. 

• Revise § 178.320 cargo tank wall 

definition. 

• Revise § 178.347–1 to clarify that a 

cargo tank motor vehicle with a 

Maximum Allowable Working Pressure 

(MAWP) greater than 35 psig or 

designed to be loaded by vacuum must 

be constructed and certified in 

accordance with the ASME Code. 

• Revise § 178.347–4 to make a clear 

distinction between ‘‘designed to be 

loaded by vacuum’’ and ‘‘built to 

withstand full vacuum.’’ 

II. Proposals in This NPRM 

A. Updated Incorporations by Reference 

B. Definition of ‘‘Person’’ 

C. Consolidation Bins 

D. Transitional Provisions 

E. Reporting Infectious Substances Incidents 

F. Hazard Communication for IBCs 

G. HMT Revisions 

H. Hazard Communication 

I. Exclusive Use Vehicles for Regulated 

Medical Waste (RMW) 

J. Fireworks 

K. Explosives 

L. Rail Transportation of Hazardous Materials 

M. Rail Transloading Operations 

N. Cylinders 

O. Cargo Tanks 

P. Permeation Devices 

Q. Alcoholic Beverage Exception 

R. Special Permits 

S. Batteries Containing Sodium or Cells 

Containing Sodium 

A. Updated Incorporations by Reference 

Section 171.7 lists the materials 

incorporated by reference into the HMR. 

In response to a petition for rulemaking 

(P–1495), PHMSA reviewed the updated 

American Society for Testing and 

Materials Standard pertaining to the use 

of an alternate bend test for DOT 3AA 

and 3AAX cylinders in accordance with 

(ASTM E290–97a (2004), ‘‘Standard Test 

Methods for Bend Testing for Material 

for Ductility’’). PHMSA also reviewed 

the updated Association of American 

Railroads’ (AAR) pamphlet pertaining to 

the Intermodal Loading of Products in 

Closed Trailers and Containers (AAR 

Pamphlet 6C); and the updated Institute 

of Makers of Explosives’ Standard 

pertaining to the Safe Transportation of 

Detonators (IME SLP–22, 

Recommendations for the Safe 

Transportation of Detonators in a 

Vehicle with Certain Other Explosive 

Materials, dated February 2007). 

PHMSA found no provisions that would 

impose additional requirements or 

would have an adverse impact on safety. 

Therefore, in this NPRM, PHMSA is 

proposing to update the materials 

incorporated by reference to include the 

most recent editions of these standards. 

B. Definition of ‘‘Person’’ 

Section 171.8 lists definitions for 

commonly used terms in the HMR. The 

current definition of ‘‘person’’ is 

inconsistent with the definition in the 

Federal hazardous materials 

transportation law (Federal hazmat law; 

49 U.S.C. 5101 et seq.) in that it does not 

include persons who manufacture, 

repair, or test packaging authorized for 

the transportation of hazardous 

materials. For consistency with the 

statutory definition, we are proposing to 

revise the definition of ‘‘person’’ in 

§ 171.8 to include packaging 

manufacturers as well as repairers and 

testers of packaging used for the 

transportation of hazardous materials. 

C. Consolidation Bins 

Consolidation bins are commonly 

used by motor carriers to consolidate 

and transport hazardous materials 

packages. Consolidation bins are not 

offered by a shipper, rather, they are 

used by a motor carrier to consolidate, 

secure against movement, and provide 

additional protection for small 

packages. Currently, under the 

provisions of § 172.404(b), a 

consolidation bin is an outside 

container and must be labeled as 

required for each of the hazardous 


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Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Proposed Rules 60019 

materials it contains. The American 

Trucking Associations (ATA) petitioned 

PHMSA (petition number P–1545; 

Docket Number PHMSA–2009–0236) to 

allow motor carriers to use 

consolidation bins to transport packages 

of hazardous materials without having 

to affix labels to the consolidation bin 

for each class of hazardous material 

contained within the bin. 

In its petition, ATA suggests that 

using consolidation bins promotes 

safety by reducing damage to packages 

of hazardous materials, improves 

regulatory compliance by ensuring that 

packages are effectively blocked and 

braced on a vehicle, improves 

transportation efficiency by minimizing 

handling of numerous small packages, 

and allows packages moving to a 

specific terminal to be grouped together 

and to be transferred more efficiently 

from one motor vehicle to another. 

However, according to ATA, motor 

carriers are foregoing the use of 

consolidation bins because the dynamic 

nature of motor carrier operations makes 

the labeling and un-labeling of the bins 

impracticable. ATA gives the following 

reasons: 

• Drivers would have to be trained on 

when to affix and remove labels as 

freight is picked up and dropped off. 

• Each motor vehicle would have to 

be equipped with multiple sets of all 

labels, as drivers do not know the 

hazard classes of freight they will pick 

up prior to arriving at the consignor’s 

facility. 

• It is physically difficult to properly 

affix labels on a reusable consolidation 

bin in a manner that ensures they do not 

come off while in transportation and 

then remove those labels as packages 

within the bins are delivered. 

ATA states: ‘‘The use of unlabeled 

consolidation bins will not compromise 

the safe transportation of hazardous 

materials. Hazardous materials 

packaging loaded into the consolidation 

bin will be marked, labeled, and 

manifested on a hazardous material 

shipping paper. While some of these 

package labels may not be visible within 

the consolidation bin, this situation is 

identical to the current transportation of 

packagings where labels may be 

obscured by the position of the package 

or its placement in the vehicle * * *.’’ 

In its petition, ATA proposes a new 

paragraph (c) to § 172.404 to allow a 

motor carrier to use an unlabeled 

consolidation bin for its own 

convenience, to include trailer-onflatcar service, and proposes a specific 

definition in § 171.8 for the term 

‘‘consolidation bin’’. 

In addition to the petition for 

rulemaking by ATA, PHMSA issued 

special permit, DOT–SP 14881, 

authorizing the use of consolidation 

bins without hazard warning labels on 

the outside of the bins. This special 

permit was issued on December 3, 2009 

and has been routinely used with no 

reported incidents. The special permit 

requires that the consolidation bin be 

marked with an indication of each 

hazard class or division within it; that 

the packages be secured within the bin 

by other packages or other suitable 

means to prevent shifting or significant 

relative motion between the packages; 

that the consolidation bins be otherwise 

properly blocked and braced within the 

transport vehicle; and that the packages 

be loaded only by employees of the 

motor carrier. 

PHMSA agrees there are safety 

benefits to using consolidation bins and 

that it may be impractical for a motor 

carrier to label and remove labels for 

packages transported in consolidation 

bins. Therefore, we are proposing to 

allow an exception from labeling for 

consolidation bins used for the 

convenience of a motor carrier. 

However, PHMSA is concerned that, in 

the absence of any marking or label on 

the consolidation bin, a person other 

than the person who had placed 

packages in the bin may have no 

indication the bin contains a hazardous 

material. To address this concern, and 

consistent with the terms of the special 

permit, we propose to require the bin to 

be marked in a manner that indicates it 

contains a hazardous material. We also 

propose to incorporate several 

provisions of the special permit, 

including limiting the size of a 

consolidation bin to less than 64 cubic 

feet capacity, so as not to conflict with 

hazard communication requirements for 

freight containers. We also propose that 

the consolidation bin must be reusable, 

made of materials such as plastic, wood, 

or metal. PHMSA is concerned that 

consolidation bins made of cardboard 

are not of sufficient strength to meet the 

requirements in this proposal. 

Accordingly, PHMSA is requesting 

comments on the use of cardboard and 

what standards should be established if 

cardboard would be authorized for use, 

i.e., thickness, wall type, burst strength, 

etc. 

We also propose that packages may 

only be placed within the consolidation 

bin and the bin be loaded on a motor 

vehicle by an employee of a single 

motor carrier. Additionally, we propose 

that consolidation bins may only be 

transported by a single motor carrier, or 

on railcars transporting such vehicles. 

We believe the proposed language in 

§ 172.404(c) obviates the need for a 

separate definition for ‘‘consolidation 

bin’’ in § 171.8. 

In addition to the proposal to address 

the ATA petition, we propose to revise 

paragraph (b) of § 172.404, to clarify that 

an outside container or overpack need 

not be labeled, if labels on the packages 

contained therein are visible, for 

consistency with the overpack 

provisions of § 173.25(a)(2). 

D. Transitional Provisions 

Section 171.14 provides transitional 

provisions for recently adopted 

regulatory changes. Most of the 

provisions in this section are outdated. 

Therefore, for better understanding of 

the transitional provisions, we are 

proposing to remove this section and 

outdated provisions from the HMR and 

add the remaining provisions to the 

appropriate sections in the HMR to 

which they apply, as follows: 

• Shipping description sequence. 

Section 171.14(e) permits the shipping 

description sequences in effect on 

December 31, 2006, to be used until 

January 1, 2013. In this NPRM, PHMSA 

proposes to relocate this transitional 

provision to § 172.202(b). 

• Division 5.2 labels and placards. 

Section 171.14(f) authorizes the use of a 

Division 5.2 label and a Division 5.2 

placard that conform to the label and 

placard specifications in effect on 

December 31, 2006, until January 1, 

2011, except for transportation by 

highway. For transportation by 

highway, a Division 5.2 placard 

conforming to the specifications in 

§ 172.552 of this subchapter in effect on 

December 31, 2006 may be used until 

January 1, 2014. In this NPRM, PHMSA 

is proposing to relocate these 

transitional provisions to §§ 172.427 

and 172.552, respectively. 

• Class 3 and Division 6.1 definitions. 

Section 171.14(g) authorizes the use of 

the Class 3 and Division 6.1 

classification criteria and packing group 

assignments in effect on December 31, 

2006, until January 1, 2012. In this 

NPRM, PHMSA proposes to relocate 

these transitional provisions to 

§§ 173.120 and 173.121 for Class 3 

materials and to §§ 173.132 and 173.133 

for Division 6.1 materials. 

• Gasohol. The transitional provision 

for gasohol in § 171.14(h) would be 

relocated to a new Special Provision 178 

to specify that effective October 1, 2010, 

the proper shipping name ‘‘Ethanol and 

gasoline mixture or ethanol and motor 

spirit mixture or ethanol and petrol 

mixture,’’ and the revised proper 

shipping name ‘‘Gasohol gasoline mixed 

with ethyl alcohol, with not more than 

10% alcohol’’ must be used, as 


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60020 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Proposed Rules 

appropriate when describing gasoline 

and ethanol mixtures. 

E. Reporting Infectious Substances 

Incidents 

Section 171.15 establishes 

requirements for immediate notice of 

incidents involving certain hazardous 

materials incidents. The Centers for 

Disease Control and Prevention is no 

longer accepting calls providing notice 

of incidents involving an infectious 

substance (etiologic agent). Therefore, 

we are proposing to remove the 

alternative to provide notice to the 

Centers for Disease Control and 

Prevention of incidents involving an 

infectious substance (etiologic agent). 

Specifically, we are proposing to 

remove the following text from 

paragraph (a) referencing the Centers for 

Disease Control and Prevention which 

states: ‘‘Notice involving an infectious 

substance (etiologic agent) may be given 

to the Director, Centers for Disease 

Control and Prevention, U.S. Public 

Health Service, Atlanta, GA, 800–232– 

0124 (toll free), in place of notice to the 

NRC.’’ 

F. Hazard Communication for IBCs 

Section 172.336 requires 

identification numbers to be displayed 

on either orange panels or a plain white 

square-on-point display configuration 

having the same outside dimensions as 

a placard. Section 172.514 provides an 

exception to placarding for IBCs which 

authorizes IBCs to be labeled rather than 

placarded. However, there is no 

provision in the HMR that allows the 

proper shipping name and UN number 

to be displayed in lieu of displaying the 

UN number on a placard, orange panel, 

or white square-on-point configuration 

[49 CFR 172.332(a)]. For international 

transport in accordance with the IMDG 

Code, IBCs are not required to display 

a UN number on a placard or orange 

panel. They are, however, required to be 

marked and labeled as a package. To 

comply with both the HMR 

requirements and IMDG Code 

provisions, some shippers are having 

difficulty fitting all of the various 

markings, labels, placards in a steel cage 

IBC. These IBCs are constructed with a 

metal plate and all of the required 

markings, labels, placards do not fit in 

the allowed space on the metal plate; 

some must be affixed to the metal 

boards with clips or other holding 

devices which, although secured, run 

the risk of becoming dislodged during 

transportation. To meet all of the 

necessary requirements, a shipper may 

place all of the following items on the 

IBC: A placard with the UN number; a 

hazard label; the proper shipping name 

and UN number; and the GHS product 

labeling requirements. Shippers 

generally do not use the UN number on 

the orange panel because this 

configuration is too large for the metal 

plate. 

For international harmonization, we 

are proposing to revise § 172.336 by 

adding a new paragraph (d) to indicate 

that when a bulk packaging is labeled 

instead of placarded in accordance with 

§ 172.514(c), identification numbers 

may be displayed in accordance with 

§ 172.301(a)(1). Additionally, we are 

proposing to revise § 172.514(c)(4) to 

indicate that IBCs that are labeled on 

two opposite sides rather than 

placarded, are authorized to display the 

proper shipping name and UN number 

in lieu of displaying the UN number on 

a placard, orange panel, or white squareon-point configuration. 

G. HMT Revisions 

In this NPRM, PHMSA is proposing a 

number of revisions to the Hazardous 

Materials Table (HMT; § 172.101). 

Proposed changes to the HMT will 

appear under two sections of the Table, 

‘‘add,’’ and ‘‘revise.’’ Proposed 

amendments to the HMT for the 

purpose of harmonizing with 

international standards include, but are 

not limited to, the following: 

• Section 172.101(c) provides 

instruction on the use of the Column (2) 

list of hazardous materials descriptions 

and proper shipping names in the HMT. 

Included in paragraph (c)(2) is 

instruction on use of the word ‘‘or.’’ The 

word ‘‘or’’ in italics indicates that there 

is a choice of terms in the sequence that 

may be used as the proper shipping 

name or as part of the proper shipping 

name. We are clarifying this provision 

by proposing further instruction on the 

use of the word ‘‘or.’’ For clarification, 

we are proposing to include examples to 

indicate that the term ‘‘or’’ authorizes the 

use of either the first or the second term 

in the description of the hazardous 

materials in the proper shipping name. 

For example, the entry ‘‘Carbon dioxide, 

solid or Dry ice’’ means that either 

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

be used as the proper shipping name; 

and, the entry ‘‘Articles, pressurized 

pneumatic or hydraulic’’ means that 

either ‘‘Articles, pressurized pneumatic’’ 

or ‘‘Articles, pressurized hydraulic’’ may 

be used as the proper shipping name. 

• The entries for ‘‘Formaldehyde, 

solutions’’ and ‘‘Formalin’’ are 

sometimes used incorrectly. Formalin is 

specifically defined as a 37% aqueous 

solution of formaldehyde. A 10% 

formalin solution and 10% 

formaldehyde solution are not the same 

materials for transport purposes. Many 

diagnostic and biological samples are 

transported by commercial aircraft in 

formaldehyde solutions of various 

concentrations. Some samples 

transported in 10% or greater 

formaldehyde solutions are incorrectly 

shipped as unregulated materials. Other 

samples transported in 3.7% 

formaldehyde (10% formalin) solutions 

are incorrectly shipped as fully 

regulated hazardous materials. A 

formaldehyde solution, with less than 

25% but not less than 10% 

formaldehyde is a Class 9 material. In 

this NPRM, PHMSA is proposing to 

include a new italicized entry in 

Column (2) of the HMT for 10%–25% 

formaldehyde solutions to enhance 

understanding of the entries in the 

HMT. This new entry will reference the 

proper shipping names ‘‘Aviation 

regulated liquid, n.o.s’’ and ‘‘Other 

regulated substances, liquid, n.o.s.’’ 

Formalin is an aqueous solution of 

formaldehyde and methanol and is a 

Class 3 flammable liquid material. The 

entry ‘‘Formaldehyde solutions, 

flammable, UN1198’’ is intended for use 

as a hazardous materials description for 

formalin. Note that the less common 

‘‘methanol-free’’ formalin is not a Class 

3 material. Therefore, for further 

clarification, we are also proposing to 

revise the ‘‘Formaldehyde, solutions, 

flammable entry by adding a new 

special provision 176 to specify that the 

entry is intended for use as proper 

shipping name for formaldehyde 

solutions containing methanol. 

• In a final rule, under Docket HM– 

215I, PHMSA revised the proper 

shipping name for ‘‘Regulated medical 

waste, n.o.s, UN3291’’ to include 

‘‘Clinical waste unspecified, n.o.s.’’ and 

‘‘(BIO) Medical waste, n.o.s.’’ under a 

combined proper shipping name entry. 

It has come to our attention that 

combining all the proper shipping 

names under the one entry makes it 

difficult to know the other proper 

shipping names exist. We are proposing 

to give each proper shipping name its 

own entry in the HMT with a cross 

reference to the others. 

• For the entry ‘‘Battery-powered 

vehicle or Battery-powered equipment, 

UN3171,’’ the stowage category ‘‘A’’ 

entry in Column (10A) was 

inadvertently omitted. We are proposing 

to reinstate in Column (10A) of the HMT 

stowage category ‘‘A’’. 

• A new italicized entry ‘‘Permeation 

devices, containing dangerous goods, for 

calibrating air quality monitoring 

equipment’’ will be added referencing 

§ 173.175 to indicate that permeation 

devices that contain dangerous goods 

and are used for calibrating air quality 

monitoring devices are not subject to 


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these requirements provided the 

conditions are met. This proposed 

revision was submitted to PHMSA as a 

petition for rulemaking (P–1493) from 

the URS Corp. requesting harmonization 

with the international regulations on the 

exception for permeation devices in 

Special Provision A41 of the ICAO 

Technical Instructions. 

Section 172.102 lists a number of 

special provisions applicable to the 

transportation of specific hazardous 

materials. Special provisions contain 

packaging requirements, prohibitions, 

and exceptions applicable to particular 

quantities or forms of hazardous 

materials. For consistency with 

international regulations, we propose to 

amend § 172.102, special provisions, as 

follows: 

• PHMSA is proposing to add a new 

Special Provision 173 to provide a 

specification package exception for 

certain adhesives, printing inks, 

printing ink-related materials, paints, 

paint- related materials, and resin 

solution which are assigned to 

‘‘Environmentally hazardous substances, 

liquid, n.o.s., UN3082.’’ This is 

consistent with an exception recently 

adopted within the UN Model 

Regulations on the Transport of 

Dangerous Goods. The exception 

adopted by the UN was an expansion of 

the current packing provision PP1 of 

Packing Instruction P001 of the UN 

Model Regulations and provides that 

metal or plastic packaging for 

substances of Packing Groups II and III 

in quantities of 5 liters or less per 

packaging are not required to be packed 

in specification packaging when 

transported under specific conditions. 

In the HM–215J final rule published 

January 4, 2010 (75 FR 63), PHMSA 

indicated that it was evaluating the 

adoption of these provisions. PHMSA 

has completed this review and is 

proposing to adopt the provision on the 

basis that environmentally hazardous 

paints, adhesives, printing inks, etc. 

pose a lesser degree of risk than 

flammable and corrosive paints which 

are already provided this exception in 

the HMR. 

H. Hazard Communication 

Section 172.203(c) provides 

additional shipping paper description 

requirements. PHMSA received a 

petition for rulemaking (P–1456) from 

the AAR to suggest that a shipping 

paper be required to include a notation 

for shipments of non-odorized liquefied 

petroleum gas (LPG). Most LPG 

shipments contain an odorant. Thus, in 

the event of an accident involving LPG, 

emergency responders may assume that 

no LPG is leaking if they cannot detect 

an odor. To ensure that emergency 

responders are made aware that a 

shipment of LPG is not odorized, 

PHMSA proposes to revise § 172.203(c) 

to require a notation that the LPG 

shipment does not contain an odorant. 

Section 172.324 provides additional 

marking requirements for hazardous 

materials in non-bulk packaging. For 

clarification purposes, in this NPRM, 

PHMSA proposes to amend this section 

to require a package containing a 

limited quantity that also meets the 

definition for a hazardous substance to 

be marked with the name of the 

hazardous substance on the package, in 

parentheses, in association with the 

proper shipping name or the 

identification number, as applicable. 

Section 172.336 requires 

identification numbers to be displayed 

on either orange panels or a plain white 

square-on-point display configuration 

on transport vehicles and freight 

containers carrying hazardous materials. 

In a petition for rulemaking (P–1392), 

Vinings Industries, Inc., has noted that 

given the size of bulk packaging covered 

by the placard-to-label exception and 

the fact that these packagings are 

generally transported in closed vehicles, 

the same logic used to justify a small 

display of the hazard identity (e.g., 

labels instead of placards) would 

support a small, more flexible, display 

of the identification number. PHMSA 

agrees that the petition has merit. 

Therefore, in this NPRM, PHMSA 

proposes to revise § 172.336 by adding 

new paragraph (d) to allow the use of 

smaller identification markings when a 

bulk packaging is labeled instead of 

placarded. 

Section 172.432 describes the 

Infectious Substance label size and color 

and provides an illustration of how it 

must appear. References to the Centers 

for Disease Control (CDC) are no longer 

required on this label. Therefore, we are 

proposing to remove the text that refers 

to the CDC on the label. (In U.S.A. 

Notify Director—CDC, Atlanta, GA 1– 

800–232–0124.) We are allowing three 

years from the effective date of the final 

rule to use up existing stocks. 

Section 172.446 describes the Class 9 

label specifications, including size, 

color, and an illustration of how it must 

appear. The Class 9 label specifications 

illustrated in the HMR is different from 

that in the United Nations (UN) and all 

of the modal regulations in that it 

features a thin, horizontal line running 

across the label at its midpoint (just at 

the bottom of the vertical black bars). 

There is no similar line in the UN or 

other international standards. Some 

shipments are being delayed and 

required to be relabeled by European 

carriers due to this difference in the 

Class 9 label specifications. In an effort 

to avoid continued frustrated or delayed 

shipments, in this NPRM, PHMSA 

proposes to revise the Class 9 label 

specifications by removing the 

horizontal line running across the label 

at its midpoint. We are allowing three 

years from the effective date of the final 

rule to use up existing stocks. 

Section 172.519 establishes general 

specifications for placards. Paragraph 

(c)(1) states that each placard must 

measure at least 273 mm (10.8 inches) 

on each side and must have a solid line 

inner border approximately 12.7 mm 

(0.5 inches) from each edge. For 

international harmonization, we are 

proposing to authorize the use of 

placards measuring from 250 mm (9.84 

inches) on each side and having a solid 

line inner border approximately 12.7 

mm (0.5 inches) from each edge. 

I. Exclusive Use Vehicles for Regulated 

Medical Waste (RMW) 

Section 173.134 establishes 

definitions and exceptions for infectious 

substances. Paragraph (c)(2) requires 

RMW that contains Category B cultures 

and stocks to be transported on a 

vehicle ‘‘used exclusively’’ to transport 

RMW. In a letter of interpretation issued 

on March 19, 2007 (Ref. No. 07–0057), 

PHMSA clarified that the exception in 

§ 173.134(c)(2) applies to their shipping 

scenario when transporting the various 

types of medical waste as described 

below. PHMSA is proposing to revise 

§ 173.134(c)(2) to incorporate the 

clarifications from the March 19, 2007 

letter of interpretation. Specifically, 

PHMSA is clarifying that the following 

materials may be transported on a 

vehicle used exclusively to transport 

RMW: (1) Plant and animal waste 

regulated by the Animal and Plant 

Health Inspection Service (APHIS); (2) 

waste pharmaceutical materials; (3) 

laboratory and recyclable wastes; (4) 

infectious substances that have been 

treated to eliminate or neutralize 

pathogens; (5) forensic materials being 

transported for final destruction; (6) 

rejected or recalled health care 

products; and (7) documents intended 

for destruction in accordance with 

Health Insurance Portability and 

Accountability Act of 1996 (HIPAA) 

requirements. 

J. Fireworks 

Section 173.56 specifies the 

requirements for classification and 

approval of new explosives, including 

fireworks in § 173.56(j). The section 

incorporates by reference the APA 

Standard 87–1 for classifying and 

approving fireworks. The text of 


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§ 173.56(j) permits the use of APA 

Standard 87–1 for determining 

fireworks classification as Division 1.3 

or 1.4 explosive materials. The APA 

standard is also used to classify a 

pyrotechnic device as 1.1G. Therefore, 

we are proposing to delete the words 

‘‘Division 1.3 and 1.4’’ in the 

introductory paragraph so that the 

sentence reads, ‘‘Fireworks may be 

classed and approved by the Associate 

Administrator without prior 

examination and offered for 

transportation if the following 

conditions are met:’’ 

K. Explosives 

Section 173.60 provides general 

packaging requirements for shipping 

Class 1 (explosive) materials. In a 

petition for rulemaking (P–1527), Mr. 

Alexander Fucito, the petitioner, asks 

PHMSA to revise the HMR to allow 

flexibility in testing and preparation of 

unpackaged shipments consisting of 

large and robust explosive articles. The 

petitioner contends that the current 

thermal stability and drop test 

requirements provided by Test Series 4 

of the UN Manual of Tests and Criteria 

are unsafe and pose an unrealistic 

burden for persons who transport these 

articles. The petitioner asks PHMSA to 

revise § 173.60(b) to allow large and 

robust foreign munitions to be 

transported in the original, 

manufacturer provided, shipping 

configuration. 

Section 173.60(b)(14) contains the 

same language as the footnote in 

Packaging Instruction 130 for named UN 

numbers in the UN Recommendations, 

Paragraph 4.1.5.15. However, there is a 

second paragraph to Paragraph 4.1.5.15 

that has not yet been incorporated into 

the HMR. That paragraph reads: ‘‘Where 

such large explosive articles are as part 

of their operational safety and 

suitability tests are subjected to test 

regimes that meet the intentions of these 

Regulations and such tests have been 

successfully undertaken, the competent 

authority may approve such articles to 

be transported under these Regulations.’’ 

PHMSA is proposing to add modified 

text of this paragraph from the 15th 

Edition of the UN Recommendations to 

§§ 173.60(b)(14) and 173.62(c) Packing 

Instruction 130 in the Table of Packing 

Methods to provide greater 

harmonization and account for the 

concerns expressed by Mr. Fucito in 

Petition P–1527. 

L. Rail Transportation of Hazardous 

Materials 

Sections 174.55(a); 174.101(o)(2)(3); 

174.112(c)(3), and 174.115(b)(3) 

establish general handling and loading 

requirements for the transportation of 

hazardous materials by rail. The Bureau 

of Explosives (BOE), part of the AAR, 

was founded in 1907 by the railroad 

industry to serve as a self-policing 

agency to promote the safe 

transportation of explosives and other 

hazardous materials. The BOE wrote 

some of the first hazardous materials 

regulations which were subsequently 

adopted and expanded upon by the 

Interstate Commerce Commission (ICC) 

and later the U.S. Department of 

Transportation. A number of BOE 

publications are referenced in the HMR 

for bulk and non-bulk shipments of 

hazardous materials. 

Several of the BOE publications focus 

on the safe transportation of non-bulk 

packages of hazardous materials in 

trailer-on-flatcar service, including BOE 

Pamphlet No. 6, Approved Methods for 

Loading and Bracing Carload and Less 

Than Carload Shipments of Explosives 

and Other Hazardous Materials; 

Pamphlet No. 6A, Approved Methods 

for Loading and Bracing Carload 

Shipments of Military Ammunition and 

Explosives; and BOE Pamphlet 6C, 

Approved Methods for Loading and 

Bracing Trailers and Less-Than-Trailer 

Shipments of Explosives and Other 

Dangerous Articles Via Trailer-on-Flatcar and Container-on-Flat-car. 

Pamphlets 6 and 6A were last updated 

in 1976. 

With the increasing use of intermodal 

methods as the preferred means of 

shipping non-bulk packages of 

hazardous materials, the AAR 

subsequently issued the Intermodal 

Loading Guide for Products in Closed 

Trailers and Containers (Guide), 

replacing BOE Pamphlet 6C, Pamphlet 

No. 45, and Circular No. 43–C. This 

Guide was issued in 1995. Despite the 

industry change, BOE Pamphlets 6 and 

6A remain in effect and are referenced 

in the HMR. 

The Intermodal Loading Guide for 

Products in Closed Trailers and 

Containers is intended to be a 

comprehensive manual for loading 

commodities in trailers and containers 

for shipment by rail. Incorporated into 

this Guide are AAR Circular 43–D, 

Rules for Governing the Loading, 

Blocking and Bracing of Freight in 

Closed Trailers and Containers for 

TOFC/COFC Service, the approved 

loading and bracing information 

contained in AAR Bureau of Explosives 

Pamphlet 6C, and AAR Pamphlet No. 45 

on general loading in closed trailers and 

containers. 

The ‘‘General Rules’’ as contained in 

Circular 43–D are issued by the 

Association of American Railroads, and 

have been formulated for the purpose of 

providing safe methods of loading in 

closed trailers or containers. During 

normal transportation, trailers and 

containers may move in a backwards or 

reverse direction for all or part of their 

journey. Dynamic forces may shift an 

unsecured load or cause lading to exert 

excessive pressure against the front, rear 

doors, or sides of the trailer or 

container. Lading that is improperly 

blocked and braced can shift and cause 

the vehicle to lean on the flatcar. A 

leaning vehicle can cause a sideswipe or 

contribute to a derailment. The loading 

methods, as described in the Guide, are 

approved by the Damage Prevention and 

Freight Claim Committee and are 

minimum industry acceptance 

standards that have been evaluated and 

approved by the member railroad 

carriers serving on the committee. 

PHMSA is proposing to revise Part 

174 to properly reflect the current Guide 

by replacing references to Pamphlet 6C 

in §§ 174.55(a); 174.101(o)(2)(3); 

174.112(c)(3); and 174.115(b)(3). At each 

of these section references, places where 

Pamphlets 6 and 6C are referenced, 

Pamphlet 6 will remain and Pamphlet 

6C will be replaced by the Intermodal 

Loading Guide for Products in Closed 

Trailers and Containers. 

M. Rail Transloading Operations 

Section 174.67 provides general 

requirements for rail tank car 

transloading operations for hazardous 

materials. In a petition for rulemaking 

(P–1481), Musket Corporation requests 

several revisions to this section. 

Specifically, the petitioner asks for 

clarification of manhole opening 

requirements, suggesting that the 

requirement for manhole covers to be 

opened during transloading operations 

conflicts with procedures to contain or 

control vapors during transloading or 

unloading operations where venting is 

accomplished through vapor valves 

rather than manhole openings. 

Additionally, certain companies 

pneumatically unload tank cars, and 

this process cannot be accomplished 

with the manhole cover open. In 

addition, the petitioner notes that the 

language requiring manhole covers to be 

opened during this process conflicts 

with regulations from other regulatory 

bodies, such as the EPA National 

Emission Standards for Hazardous Air 

Pollutants for Source Categories, 

Subpart PP. Finally, the petitioner 

suggests that this requirement conflicts 

with a number of air quality control 

permits that restrict the amount of 

emissions companies can vent into the 

atmosphere. 

PHMSA agrees that the petition has 

merit. Therefore, in this NPRM, PHMSA 


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proposes to revise § 174.67 to clarify 

and further address closed systems in 

transloading operations. PHMSA 

proposes that for closed systems, before 

a manhole cover or outlet valve cap is 

removed from a tank car, the car must 

be relieved of all interior pressure by 

cooling the tank with water or by 

venting the tank by raising the safety 

valve or opening the dome vent at short 

intervals. However, if venting to relieve 

pressure will cause a dangerous amount 

of vapor to collect outside the car, 

venting and unloading must be deferred 

until the pressure is reduced by 

allowing the car to stand overnight, 

otherwise cooling the contents, or allow 

venting to a closed collection system. 

These precautions are not necessary 

when the car is equipped with a 

manhole cover that hinges inward or 

with an inner manhole cover that does 

not have to be removed to unload the 

car, and when pressure is relieved by 

piping vapor into a condenser or storage 

tank. 

N. Cylinders 

Section 173.302 provides the 

requirements for filling cylinders with 

non-liquefied (permanent) compressed 

gases. Section 173.304 provides the 

requirements for filling cylinders with 

liquefied compressed gases. In a final 

rule under Docket HM–224B, PHMSA 

added DOT 39 cylinders to the types of 

cylinders authorized for the 

transportation of compressed oxygen 

and other oxidizing gases aboard aircraft 

in §§ 173.302 and 173.304. It has come 

to our attention that when we included 

DOT 39 cylinders with the other types 

of cylinders, we did not recognize that 

DOT 39 cylinders have a different 

pressure relief device (PRD) setting 

tolerance than the other authorized 

cylinders. Therefore, in this NPRM, we 

are proposing to revise paragraph (f)(2) 

of § 173.302 and paragraph (f)(2) of 

§ 173.304 to prescribe the PRD setting 

tolerance for DOT 39 cylinders. 

Section 178.35 contains general 

requirements for specification cylinders. 

Paragraphs (c)(4) and (g) require the 

inspector to complete certain reports 

containing the applicable information 

listed in the Compressed Gas 

Association publication, CGA C–11 

‘‘Recommended Practices for Inspection 

of Compressed Gas Cylinders at Time of 

Manufacture’’ and any additional 

information or markings required by the 

applicable specification. These 

documents must be provided to the 

cylinder manufacturer and, upon 

request, to the purchaser. PHMSA 

compliance inspections reveal 

sometimes these reports are completed 

several months after the cylinders are 

sold. PHMSA is proposing to 

consolidate the inspector’s reports 

requirements into paragraph (c)(4). A 

new paragraph (g) would be added to 

clarify the cylinder manufacturer must 

have all completed test and certification 

reports available at or before the time of 

delivering the cylinders to the 

purchaser. In addition, the 

manufacturer’s report retention 

requirement in paragraph (h) would be 

relocated to paragraph (g) and paragraph 

(h) would be removed. 

Section 178.37 sets forth 

manufacturing specifications for DOT 

3AA and 3AAX seamless steel 

cylinders, in addition to requirements 

set forth in § 173.35. Paragraphs (j) and 

(l) specify the flatting test procedures 

and rejection criteria respectively. 

PHMSA received a petition (P–1513) 

from Worthington Cylinders Corp. 

requesting a revision to § 178.37 to 

authorize the use of an alternate bend 

test conducted in accordance with the 

procedures in ASTM E 290–97a (2004) 

for DOT 3AA and 3AAX cylinders. The 

petitioner states that the proposed bend 

test demonstrates ductility of the 

cylinder with the same accuracy as the 

flattening test at a lower cost to cylinder 

manufacturers. We agree with the 

petitioner that the use of the bend test 

is acceptable for cylinders. Therefore, 

we are proposing to revise paragraphs (j) 

and (l) in § 178.37 to authorize the use 

of the bend test. 

Section 178.71 contains design and 

manufacturing specifications for UN 

pressure receptacles, including the 

specification marking requirements. 

PHMSA is proposing to relax the 

requirements in paragraph (o)(6) of the 

HMR to allow the use of a proof 

pressure test. The ISO 7866 and 9809 

standards permit either the proof 

pressure test or volumetric expansion 

test to be used. The volumetric 

expansion test measures the cylinder’s 

elastic expansion and assures the 

cylinder received a proper heat 

treatment. However, the ISO standards 

also require each cylinder be subjected 

to a hardness test and a comprehensive 

shear wave ultrasonic examination (UE). 

PHMSA believes the combination of the 

proof pressure test, hardness test, and 

UE should provide adequate assurance 

that each cylinder received a proper 

heat treatment. In addition, PHMSA is 

revising paragraph (c)(1) to include the 

proof pressure test. 

O. Cargo Tanks 

Section 178.345–1(i)(2) establishes 

general design and construction 

requirements for DOT 406 (§ 178.346), 

DOT 407 (§ 178.347), and DOT 412 

(§ 178.348) cargo tank motor vehicles. 

Previous interpretations of this section 

indicate that a vent must be located as 

close to the top centerline of the tank as 

practicable and the drain as close to the 

bottom centerline of the tank as 

practicable. Through discussions with 

industry and enforcement personnel, we 

have determined that requiring an 

opening on top of a cargo tank to vent 

vapors that accumulate in the void 

space may not be the best practice. In 

many instances, such as with gasoline, 

the vapors are heavier than air and it is 

not necessary to require cargo tanks to 

be vented to the atmosphere through a 

vent located near the top centerline. 

Vapors heavier than air escape through 

the drain opening. In addition, venting 

voids through the top of a cargo tank 

may cause premature corrosion of the 

void space as a result of water 

penetration. Allowing the vent to be 

plugged will also make it easier to 

identify when there is actually a leak in 

the bulkhead. Hazardous materials 

leaking from the drain will cause an 

obvious stain/dirt buildup that, with the 

top vent plugged, cannot be a result of 

water draining from the top vent and 

must be a leaking bulkhead. 

To address this problem, in this 

NPRM, PHMSA proposes to revise 

§ 178.345–1 to clearly indicate that any 

void area within the connecting 

structure of a cargo tank between double 

bulk heads must be vented to the 

atmosphere through the required drain 

or through a separate vent. The 

proposed revision will ensure that void 

spaces in the connecting structure of 

DOT 406, 407, and 412 cargo tank motor 

vehicles are properly vented to allow for 

the escape of product vapors. This 

change also promotes the longevity of 

the tanks by clarifying that it is not 

necessary to place a vent in the top of 

a void space where rain water can easily 

infiltrate the void space and cause 

corrosion if the product vapors are 

heavier than air and will vent through 

the drain. This clarification ensures that 

the vent is located in the most 

appropriate location for the material 

being transported. However, we urge 

manufacturers to continue allowing for 

access to the void space through the top 

of the tank. In addition, we suggest the 

continued placement of inspection 

openings of sufficient size and number 

to permit proper visual internal 

inspection of the connecting structure. 

Section 178.320 includes a definition 

for ‘‘cargo tank wall’’—the cargo tank 

wall includes those parts of the cargo 

tank that make up the primary lading 

retention structure, including shell, 

bulkheads, and fittings and, when 

closed, yield the minimum volume of 

the cargo tank assembly. Confusion has 


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resulted from the use of ‘‘cargo tank 

assembly’’ in the definition. The term 

‘‘cargo tank assembly’’ as used in that 

definition, is simply referring to the 

completed cargo tank motor vehicle. 

Since ‘‘cargo tank assembly’’ is 

synonymous with ‘‘cargo tank motor 

vehicle,’’ a term that is defined in 

§ 178.320, we are proposing to replace 

the term ‘‘cargo tank assembly’’ with 

‘‘completed cargo tank motor vehicle.’’ 

Section 178.347–1(c) requires a cargo 

tank with a MAWP greater than 35 psig 

and each tank designed to be loaded by 

vacuum to be constructed and certified 

in accordance with the ASME Code. The 

wording used for this requirement has 

resulted in some confusion. Generally, 

the ‘‘and’’ would mean that a tank would 

need to be both designed to be loaded 

by vacuum and have a MAWP greater 

than 35 psig to be subject to the 

construction and certification 

requirements of the ASME Code. This is 

not the intent of the current 

requirement. Therefore, we are 

proposing to clarify the requirement to 

clearly state that a cargo tank motor 

vehicle with a MAWP greater than 35 

psig or designed to be loaded by 

vacuum must be constructed and 

certified in accordance with the ASME 

Code, in line with our original intent. 

The introductory text to § 178.347– 

1(d) requires tanks with a MAWP of 35 

psig or less to be constructed in 

accordance with the ASME Code. We 

are clarifying this requirement to 

indicate, in line with § 178.347–1(b), 

cargo tanks that are designed to 

withstand full vacuum but have a 

MAWP of 35 psig or less and are not 

designed to be loaded by vacuum are 

only required to be constructed in 

accordance with the ASME Code. They 

do not require certification under the 

ASME Code. 

Section 178.347–4(b) states that 

vacuum relief devices are not required 

for cargo tanks designed to be loaded by 

vacuum or built to withstand full 

vacuum. We are revising this section to 

make a clear distinction between the 

phrase ‘‘designed to be loaded by 

vacuum’’ and ‘‘built to withstand full 

vacuum.’’ If a cargo tank manufacturer 

designs a cargo tank ‘‘to withstand full 

vacuum’’ it is only required to be 

constructed in accordance with the 

ASME Code, not certified. However, a 

cargo tank that is loaded by vacuum is 

required to be constructed and certified 

in accordance with the ASME Code. The 

intent of the final user of the equipment 

will determine whether a tank will be 

vacuum loaded and required to be a 

certified (‘‘U’’ stamped) vessel. A 

manufacturer may design a tank to 

withstand full vacuum to ensure that it 

is sufficiently robust to endure the 

stresses associated with transportation 

of hazardous materials, including 

changes in product temperatures and 

the vacuum created during unloading. 

Designing a tank to withstand full 

vacuum does not mean that the tank is 

actually equipped to or used in vacuum 

service. 

Section 180.417(b)(1)(v) requires the 

minimum thickness of the cargo tank 

shell and heads to be noted on 

inspection and test reports when the 

cargo tank is thickness tested in 

accordance with § 180.407(d)(4), 

§ 180.407(e)(3), § 180.407(f)(3), or 

§ 180.407(i). It has come to our attention 

that the reference to § 180.407(d)(4), 

which addresses thickness testing of 

ring stiffeners or other appurtenances, is 

incorrect. After reviewing the final rule 

to Docket HM–213 (68 FR 19257; April 

18, 2003) and the response to appeals 

(68 FR 52363; September 3, 2003), the 

rules that established current paragraph 

(b)(1), it is apparent that the correct 

reference for this section should be 

§ 180.407(d)(5), which refers to 

thickness testing of corroded or abraded 

areas of the cargo tank wall. Therefore, 

we are proposing to remove the 

reference to § 180.407(d)(4) in 

§ 180.417(b)(1)(v) and replace it with the 

reference to § 180.407(d)(5). 

P. Permeation Devices 

Permeation devices are used to 

calibrate air quality monitoring 

equipment. These devices may contain 

extremely small quantities of hazardous 

materials and are subject to Special 

Provision A41 when transported by air 

under the International Civil Aviation 

Organization’s Technical Instructions 

for the Safe Transport of Dangerous 

Goods by Air (ICAO TI). Special 

Provision A41 authorizes the 

transportation of permeation devices on 

aircraft provided stringent safety 

requirements are met. International 

shippers of these devices are able to take 

advantage of this special provision. 

However, no similar provision exists in 

the HMR. Therefore, in response to a 

petition (P–1493) from the URS 

Corporation, and to facilitate domestic 

and international transportation, we are 

proposing to add a new § 173.175 on 

Permeation devices in Part 173 that will 

authorize the transportation of 

permeation devices by aircraft in the 

same manner as is provided in Special 

Provision A41 of the ICAO TI. 

Q. Alcoholic Beverage Exception 

Section 173.150 provides for 

exceptions from regulation for Class 3 

flammable liquid material. Specifically, 

§ 173.150(d) provides exceptions for 

alcoholic beverages. An alcoholic 

beverage (as defined in 27 CFR 4.10 and 

5.11) meeting one of three conditions 

outlined in § 173.150(d) is not subject to 

the requirements of the HMR for a Class 

3 flammable liquid material. One of the 

conditions provides that the alcoholic 

beverage must be in an inner packaging 

of 5 L (1.3 gallons) or less, and for 

transportation on passenger aircraft, 

must conform to § 175.10(a)(4) of the 

HMR as checked or carry-on baggage 

(see § 173.150(d)(2)). This provision for 

transportation by passenger aircraft was 

added in a final rule published on June 

21, 2001 (HM–215D; 66 FR 33316) to 

clarify that alcoholic beverages carried 

by passengers or crewmembers must 

conform to the air passenger and 

crewmember exception provided in 

§ 175.10(a)(4). In the final rule, we 

stated: 

We are revising [§ 173.150(d)] by clarifying 

that alcoholic beverages containing over 24% 

alcohol by volume are not excepted from 

regulation when transported by a passenger 

or crewmember on passenger-carrying 

aircraft except as provided in [§ 175.10(a)(4)]. 

This provision for transportation by 

passenger aircraft was not intended to 

restrict cargo transport of an alcoholic 

beverage in the same manner as when 

carried by passengers or crewmembers. 

Therefore, in this NPRM, PHMSA is 

proposing to clarify § 173.150(d)(2) by 

specifying that the condition for 

transportation on passenger aircraft 

applies to an alcoholic beverage carried 

by passengers or crewmembers and that 

an alcoholic beverage (of any 

concentration of alcohol by volume) in 

an inner packaging of 5 L (1.3 gallons) 

or less transported as cargo on a cargo 

aircraft or a passenger aircraft is not 

subject to the requirements of the HMR. 

R. Special Permits 

Special Permit Application 

Procedures for applying for special 

permits are established in 49 CFR part 

107. 

In a notice of proposed rulemaking 

under HM–233B (75 FR 43230; July 23, 

2010), PHMSA proposed to incorporate 

new requirements for application of a 

new special permit, party status to a 

special permit and renewal of a special 

permit issued by PHMSA under 49 CFR 

part 107, subpart B (§§ 107.101 to 

107.127). A special permit sets forth 

alternative requirements—or a 

variance—to the requirements in the 

HMR in a way that achieves a level of 

safety at least equal to the level of safety 

required under the regulations or that is 

consistent with the public interest. 

Congress expressly authorized DOT to 

issue these variances in the Hazardous 


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Materials Transportation Act of 1975. In 

this notice, we are proposing to 

incorporate an additional requirement 

for each applicant to identify whether 

they are acting as a shipper or a carrier 

under §§ 107.105, 107.107 and 107.109. 

PHMSA conducts a fitness review of 

each company requesting action on a 

special permit including applications 

for a new special permit. Current 

criteria from the Federal Motor Carrier 

Safety Administration (FMCSA) require 

a Satisfactory rating based on a 

Compliance Review (with a few 

exceptions). FMCSA conducts a review 

of any motor carrier that does not meet 

their criteria. Their criteria does not, 

however, apply to a company that ships 

(offers) hazardous materials under the 

terms of a special permit and does not 

perform any carrier function. The ability 

of PHMSA to identify a company as a 

shipper (offeror), a carrier, or both will 

facilitate the fitness review process. 

Therefore, we are proposing to add a 

requirement for each applicant to 

identify their transport function under 

§§ 107.105, 107.107, and 107.109. 

Lab Packs 

In a final rule under docket HM–233A 

(75 FR 20275; May 14, 2010), PHMSA 

adopted amendments to eliminate the 

need for DOT–SP 13192. This special 

permit authorized certain hazardous 

materials packaged in lab packs 

conforming to § 173.12(b) to be excepted 

from segregation requirements in parts 

174, 176, and 177 of the HMR provided 

the materials conform to the segregation 

requirements in § 173.12(e). We first 

issued DOT–SP 13192 in 2001 to 

consolidate earlier special permits that 

allowed different combinations of 

incompatible materials, including waste 

materials, to be transported together on 

the same transport vehicle and it has 

proven to be a safe method of 

transportation. In the final rule, we 

inadvertently left out a proposal to 

except lab packs from the requirement 

in § 172.203(i)(2) of the HMR which 

requires the minimum flashpoint if it is 

60 °C (140 °F) or below (in °C closed 

cup (c.c.)) in association with the basic 

description when transported by water. 

This requirement may be overly 

restrictive for a lab pack which may 

contain a number of hazardous 

materials with different flashpoints. 

Instead, for those materials with a 

flashpoint of 61 °C or less, DOT–SP 

13192 authorized the identification of 

the lowest flashpoint for all hazardous 

materials in the lab pack as a range of 

less than 23 °C or 23 °C to 61 °C. In this 

NPRM, we propose to incorporate this 

exception for lab packs transported by 

cargo vessel thus eliminating the need 

for DOT–SP 13192. 

In this same final rule, PHMSA 

adopted exceptions from segregation for 

certain waste hazardous materials in lab 

packs and non-bulk packagings 

consistent with the provisions of DOT– 

SP 13192. These exceptions are 

referenced in the segregation 

requirements for public highway 

transport in § 177.848(c). In making the 

conforming amendment to § 177.848(c), 

we inadvertently prohibited all 

cyanides, cyanide mixtures and 

solutions from being stored, loaded and 

transported with acids. The prohibition 

applies only to those cyanides, cyanide 

mixtures and solutions that would 

generate hydrogen cyanide when mixed 

with acids. Therefore, we are proposing 

to correct this section by clarifying the 

segregation conditions. 

S. Batteries Containing Sodium or Cells 

Containing Sodium 

The HMR currently authorize the 

transport of sodium cells and batteries 

under the descriptions ‘‘Batteries 

containing sodium’’ or ‘‘Cells containing 

sodium’’ (UN3292). Section 173.189 

limits the types of hazardous materials 

which may be contained in such 

batteries to sodium, sulfur and 

polysulfides. Over time, other sodium 

battery chemistries have emerged and 

become more widely used and 

commonly transported. For example, 

some batteries with sodium metal 

chloride chemistries use sodium 

tetrachloroaluminate as a secondary 

electrolyte. In this NPRM, PHMSA is 

proposing to expand the list of 

authorized chemistries to include all 

sodium compounds provided they meet 

the criteria specified in § 173.189. This 

amendment, if adopted, will align the 

HMR with the 17th Edition of the UN 

Model Regulations effective January 1, 

2013. 

III. Regulatory Analyses and Notices 

A. Statutory/Legal Authority for This 

Rulemaking 

This NPRM is published under 

authority of Federal hazardous materials 

transportation law (Federal hazmat law; 

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

of Federal hazmat law authorizes the 

Secretary of Transportation to prescribe 

regulations for the safe transportation, 

including security, of hazardous 

materials in intrastate, interstate, and 

foreign commerce. 

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This proposed rule is not considered 

a significant regulatory action under 

section 3(f) Executive Order 12866 and, 

therefore, was not reviewed by the 

Office of Management and Budget 

(OMB). The proposed rule is not 

considered a significant rule under the 

Regulatory Policies and Procedures 

order issued by the U.S. Department of 

Transportation (44 FR 11034). 

In this notice, we propose to amend 

miscellaneous provisions in the HMR to 

clarify the provisions and to relax overly 

burdensome requirements. We are also 

responding to requests from industry 

associations to update and add 

references to standards that are 

incorporated in the HMR. PHMSA 

anticipates the proposals contained in 

this rule will have economic benefits to 

the regulated community. This NPRM is 

designed to increase the clarity of the 

HMR, thereby increasing voluntary 

compliance while reducing compliance 

costs. This NPRM also proposes to 

update a number of incorporations by 

reference to permit the industry to 

utilize the most recent versions of 

industry consensus standards. 

Incorporation of material by reference 

reduces the regulatory burden on 

persons who offer hazardous material 

for transportation and persons who 

transport hazardous materials in 

commerce. Industry standards 

developed and adopted by consensus 

are accepted and followed by the 

industry; thus, their inclusion in the 

HMR assures that the industry is not 

forced to comply with a different set of 

standards to accomplish the same safety 

goal. 

Further, the addition of an exception 

for permeation devices containing 

hazardous materials used for calibrating 

air quality monitoring devices for 

consistency with the current exception 

in the international regulations for these 

devices, as well as adding a new 

italicized entry to the HMT for 

‘‘Permeation devices’’ referencing 

§ 173.175, will result in reduced 

compliance costs by reducing regulatory 

compliance. This exception will also 

promote international harmonization. 

The proposal to provide an exception to 

labeling for consolidation bins used to 

transport hazardous materials by motor 

carrier will reduce compliance costs. 

Additionally, this NPRM proposes to 

add a new Special Provision 173 to 

provide a specification package 

exception for certain adhesives, printing 

inks, printing ink-related materials, 

paints, paint-related materials and resin 

solution assigned to ‘‘Environmentally 

hazardous substances, liquid, n.o.s., UN 

3082.’’ Overall, the proposals in this 

NPRM should reduce regulatory 

burdens on the regulated community 


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while increasing flexibility and 

transportation options. 

C. Executive Order 13132 

This proposed rule was analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). This proposed 

rule would preempt state, local and 

Indian tribe requirements but does not 

propose any regulation that has 

substantial direct effects on the states, 

the relationship between the national 

government and the states, or the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, the 

consultation and funding requirements 

of Executive Order 13132 do not apply. 

The federal hazardous material 

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

contains an express preemption 

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

preempting state, local, and Indian tribe 

requirements on certain covered 

subjects. Covered subjects are: 

(i) The designation, description, and 

classification of hazardous materials; 

(ii) The packing, repacking, handling, 

labeling, marking, and placarding of 

hazardous materials; 

(iii) The preparation, execution, and 

use of shipping documents related to 

hazardous materials and requirements 

related to the number, content, and 

placement of those documents; 

(iv) The written notification, 

recording, and reporting of the 

unintentional release in transportation 

of hazardous materials; or 

(v) The design, manufacture, 

fabrication, marking, maintenance, 

reconditioning, repair, or testing of a 

packaging or container which is 

represented, marked, certified, or sold 

as qualified for use in the transport of 

hazardous materials. 

This proposed rule concerns the 

classification, packaging, marking, 

labeling, and handling of hazardous 

materials, among other covered subjects. 

If adopted, this rule would preempt any 

state, local, or Indian tribe requirements 

concerning these subjects unless the 

non-Federal requirements are 

‘‘substantively the same’’ (see 49 CFR 

107.202(d) as the Federal requirements.) 

Federal hazardous materials 

transportation law provides at 49 U.S.C. 

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

regulation concerning any of the 

covered subjects, PHMSA must 

determine and publish in the Federal 

Register the effective date of Federal 

preemption. That effective date may not 

be earlier than the 90th day following 

the date of issuance of the final rule and 

not later than two years after the date of 

issuance. PHMSA proposes the effective 

date of Federal preemption be 90 days 

from publication of a final rule in this 

matter in the Federal Register. 

D. Executive Order 13175 

This proposed rule has been analyzed 

in accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this proposed rule does not 

have tribal implications and does not 

impose substantial direct compliance 

costs on Indian tribal governments, the 

funding and consultation requirements 

of Executive Order 13175 do not apply, 

and a tribal summary impact statement 

is not required. 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

The Regulatory Flexibility Act (5 

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

review regulations to assess their impact 

on small entities unless the agency 

determines the rule is not expected to 

have a significant impact on a 

substantial number of small entities. 

This proposed rule would amend 

miscellaneous provisions in the HMR to 

clarify provisions based on our own 

initiatives and also on petitions for 

rulemaking. While maintaining safety, it 

would relax certain requirements that 

are overly burdensome and would 

update references to consensus 

standards that are incorporated in the 

HMR. The proposed changes are 

generally intended to provide relief to 

shippers, carriers, and packaging 

manufacturers, including small entities. 

Consideration of alternative proposals 

for small businesses. The Regulatory 

Flexibility Act directs agencies to 

establish exceptions and differing 

compliance standards for small 

businesses, where it is possible to do so 

and still meet the objectives of 

applicable regulatory statutes. In the 

case of hazardous materials 

transportation, it is not possible to 

establish exceptions or differing 

standards and still accomplish our 

safety objectives. 

The impact of this proposed rule is 

not expected to be significant. The 

proposed changes are generally 

intended to provide relief to shippers, 

carriers, and packaging manufactures 

and testers, including small entities. 

Therefore, this proposed rule will not 

have a significant economic impact on 

a substantial number of small entities. 

This proposed rule has been 

developed in accordance with Executive 

Order 13272 (‘‘Proper Consideration of 

Small Entities in Agency Rulemaking’’) 

and DOT’s procedures and policies to 

promote compliance with the 

Regulatory Flexibility Act to ensure that 

potential impacts of draft rules on small 

entities are properly considered. 

F. Paperwork Reduction Act 

By proposing to require additional 

information be included on certain 

shipping papers, this proposed rule will 

result in a minimal increase in annual 

paperwork burden and costs under 

OMB Control No. 2137–0034. PHMSA 

currently has an approved information 

collection under OMB Control No. 

2137–0034, ‘‘Hazardous Materials 

Shipping Papers & Emergency Response 

Information’’ expiring on May 31, 2011 

with 260,000,000 responses and 

6,500,834 burden hours. This rule is 

proposing to impose new requirements 

pertaining to § 172.203(c), additional 

shipping paper information 

requirements. We are proposing to 

require non-odorized LPG shipments to 

indicate ‘‘non-odorized’’ on the shipping 

papers to aid emergency responders in 

the event of an accident involving nonodorized shipments of LPG. Since only 

5% of LPG shipments are non-odorized, 

we anticipate only a minimal increase 

in burden to include this additional 

notation on the shipping paper. 

Under the Paperwork Reduction Act 

of 1995, no person is required to 

respond to an information collection 

unless it has been approved by OMB 

and displays a valid OMB control 

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

of Federal Regulations requires that 

PHMSA provide interested members of 

the public and affected agencies an 

opportunity to comment on information 

and recordkeeping requests. 

This notice identifies an information 

collection request that PHMSA is 

submitting to OMB for approval based 

on the proposal in this rule. PHMSA has 

developed burden estimates based on 

the proposed amendment in this rule. 

PHMSA estimates that the net 

information collection and 

recordkeeping burden for this proposed 

requirement would be as follows: 

OMB Control No. 2137–0034 

Annual Respondents: 29,850. 

Annual Responses: 29,850. 

Annual Burden Hours: 12.5. 

Annual Costs: $312.50. 

Requests for a copy of this 

information collection should be 

directed to Deborah Boothe or T. Glenn 

Foster, Office of Hazardous Materials 

Standards (PHH–11), Pipeline and 

Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue, SE., East Building, 2nd Floor, 

PHH–10, Washington, DC 20590–0001, 

Telephone (202) 366–8553. 


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G. Regulation Identifier Number (RIN) 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. The RIN number contained in the 

heading of this document can be used 

to cross-reference this action with the 

Unified Agenda. 

H. Unfunded Mandates Reform Act 

This proposed rule does not impose 

unfunded mandates under the 

Unfunded Mandates Reform Act of 

1995. It does not result in costs of 

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

local, or tribal governments, in the 

aggregate, or to the private sector, and 

is the least burdensome alternative that 

achieves the objective of the rule. 

I. Environmental Assessment 

The National Environmental Policy 

Act, 42 U.S.C. 4321–4375, requires 

Federal agencies to analyze proposed 

actions to determine whether the action 

will have a significant impact on the 

human environment. The Council on 

Environmental Quality (CEQ) 

regulations order Federal agencies to 

conduct an environmental review 

considering: (1) The need for the 

proposed action; (2) alternatives to the 

proposed action; (3) probable 

environmental impacts of the proposed 

action and alternatives; and (4) the 

agencies and persons consulted during 

the consideration process. PHMSA 

proposes to make miscellaneous 

amendments to the HMR based on 

petitions for rulemaking and PHMSA’s 

own initiatives. The proposed 

amendments are intended to update, 

clarify, or provide relief from certain 

existing regulatory requirements to 

promote safer transportation practices; 

eliminate unnecessary regulatory 

requirements; finalize outstanding 

petitions for rulemaking; facilitate 

international commerce; and make these 

requirements easier to understand. 

Description of Action: 

Docket No. PHMSA–2009–0151 (HM– 

218F), NPRM 

Transportation of hazardous materials 

in commerce is subject to requirements 

in the HMR, issued under authority of 

Federal hazardous materials 

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

5001 et seq. To facilitate the safe and 

efficient transportation of hazardous 

materials in international commerce, the 

HMR provide that both domestic and 

international shipments of hazardous 

materials may be offered for 

transportation and transported under 

provisions of the international 

regulations. 

Proposed Amendments to the HMR: 

In this NPRM, PHMSA is proposing 

to: 

Update § 171.7 incorporations by 

reference of industry consensus 

standards issued by the Aluminum 

association; the American Society for 

Testing ad Materials; and the Institute of 

Makers of Explosives. 

Add a requirement for each applicant 

to a special permit under §§ 107.105, 

107.107, and 107.109 to identify their 

role as a shipper (offeror), carrier, or 

both. 

Revise the definition of ‘‘person’’ in 

§ 171.8 to include those who 

manufacture, test, repair and 

recondition packages. 

Revise the HMT to harmonize certain 

entries with international standards by 

adding and revising certain proper 

shipping names. Most significantly, we 

are adding a new entry ‘‘Formaldehyde 

solutions (with not less than 10% and 

less than 25% formaldehyde’’ to clarify 

requirements applicable to 

formaldehyde and formalin with less 

than 10% formaldehyde; revising the 

entry for ‘‘Environmentally hazardous 

substances, liquid, n.o.s.’’ to provide 

packaging exceptions for certain 

materials that are assigned to UN 3082; 

and adding a new special provision to 

clarify the differences between Class 3 

and Class 9 formaldehyde solutions. 

Add a new § 173.175 applicable to 

permeation devices to provide an 

exception for permeations devices 

containing hazardous materials that are 

used for calibrating air quality 

monitoring devices for consistency with 

the current exception in the 

international regulations for these 

devices; and add a new italicized entry 

to the HMT for ‘‘Permeation devices’’ 

referencing § 173.175. 

Update and clarify hazard 

communication requirements applicable 

to Class 9 label specifications; placard 

size; IBCs; and Division 6.2 labels. 

In § 178.37, authorize the use of an 

alternative bend test for DOT 3AA and 

3AAX steel cylinders. 

In § 178–347–1, clarify that cargo tank 

motor vehicles that have a MAWP 

greater than 35 psig or are designed to 

be loaded by vacuum must be 

constructed and certified in accordance 

with the ASME Code. 

Revise § 171.14 transitional 

provisions to remove expired dates and 

incorporate certain dates in to the 

specific sections of the HMR. 

Revise provisions in § 173.56(j) to 

further clarify the use of the American 

Pyrotechnics Association (APA) 

standard for classifying and approving 

fireworks. 

Revise § 172.404 to provide a labeling 

exception for consolidation bins used to 

transport hazardous materials by motor 

carrier, and clarify labeling 

requirements for consolidated packages. 

Alternatives Considered: 

Alternative (1): Do nothing. 

Our goal is to update, clarify and 

provide relief from certain existing 

regulatory requirements to promote 

safer transportation practices, eliminate 

unnecessary regulatory requirements, 

finalize outstanding petitions for 

rulemaking, and facilitate international 

commerce. We rejected the do-nothing 

alternative. 

Alternative (2): Go forward with the 

proposed amendments to the HMR in 

this NPRM. 

This is the selected alternative. 

Environmental Consequences 

Hazardous materials are substances 

that may pose a threat to public safety 

or the environment during 

transportation because of their physical, 

chemical, or nuclear properties. The 

hazardous material regulatory system is 

a risk management system that is 

prevention-oriented and focused on 

identifying a safety hazard and reducing 

the probability and quantity of a 

hazardous material release. Hazardous 

materials are categorized by hazard 

analysis and experience into hazard 

classes and packing groups. The 

regulations require each shipper to 

classify a material in accordance with 

these hazard classes and packing 

groups; the process of classifying a 

hazardous material is itself a form of 

hazard analysis. Further, the regulations 

require the shipper to communicate the 

material’s hazards through use of the 

hazard class, packing group, and proper 

shipping name on the shipping paper 

and the use of labels on packages and 

placards on transport vehicles. Thus, 

the shipping paper, labels, and placards 

communicate the most significant 

findings of the shipper’s hazard 

analysis. A hazardous material is 

assigned to one of three packing groups 

based upon its degree of hazard, from a 

high hazard, Packing Group I to a low 

hazard, Packing Group III material. The 

quality, damage resistance, and 

performance standards of the packaging 

in each packing group are appropriate 

for the hazards of the material 

transported. 

Under the HMR, hazardous materials 

are transported by aircraft, vessel, rail, 

and highway. The potential for 

environmental damage or contamination 

exists when packages of hazardous 

materials are involved in accidents or en 


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route incidents resulting from cargo 

shifts, valve failures, package failures, 

loading, unloading, collisions, handling 

problems, or deliberate sabotage. The 

release of hazardous materials can cause 

the loss of ecological resources (e.g., 

wildlife habitats) and the contamination 

of air, aquatic environments, and soil. 

Contamination of soil can lead to the 

contamination of ground water. For the 

most part, the adverse environmental 

impacts associated with releases of most 

hazardous materials are short term 

impacts that can be reduced or 

eliminated through prompt clean up/ 

decontamination of the accident scene. 

Conclusion 

PHMSA proposes to make 

miscellaneous amendments to the HMR 

based on petitions for rulemaking and 

PHMSA’s own initiatives. The proposed 

amendments are intended to update, 

clarify, or provide relief from certain 

existing regulatory requirements to 

promote safer transportation practices; 

eliminate unnecessary regulatory 

requirements; finalize outstanding 

petitions for rulemaking; facilitate 

international commerce; and make these 

requirements easier to understand. The 

net environmental impact of this 

proposal will be positive. 

J. Privacy Act 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

document (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477) or you may visit http:// 

www.regulations.gov/search/footer/ 

privacyanduse.jsp. 

K. International Trade Analysis 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing any standards or 

engaging in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards are not 

considered unnecessary obstacles to the 

foreign commerce of the United States, 

so long as the standards have a 

legitimate domestic objective, such as 

the protection of safety, and do not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. PHMSA notes the 

purpose is to ensure the safety of the 

American public, and has assessed the 

effects of this rule to ensure that it does 

not exclude imports that meet this 

objective. As a result, this proposed rule 

is not considered as creating an 

unnecessary obstacle to foreign 

commerce. 

List of Subjects 

49 CFR Part 107 

Hazardous materials transportation, 

Packaging and containers, Radioactive. 

49 CFR Part 171 

Exports, Hazardous materials 

transportation, Hazardous waste, 

Imports, Incorporation by reference, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 172 

Education, Hazardous materials 

transportation, Hazardous waste, 

Incorporation by reference, Labeling, 

Markings, Packaging and containers, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 173 

Hazardous materials transportation, 

Incorporation by reference, Packaging 

and containers, Radioactive materials, 

Reporting and recordkeeping 

requirements, Uranium. 

49 CFR Part 174 

Hazardous materials transportation, 

Rail carriers, Reporting and 

recordkeeping. 

49 CFR Part 177 

Hazardous materials transportation, 

Loading and unloading, Segregation and 

separation. 

49 CFR Part 178 

Hazardous materials transportation, 

Incorporation by reference, Motor 

vehicle safety, Packaging and 

containers, Reporting and recordkeeping 

requirements. 

49 CFR Part 180 

Hazardous materials transportation, 

Continuing qualification and 

maintenance of packaging. 

In consideration of the foregoing, we 

propose to be amend 49 CFR Chapter I 

as follows: 

PART 107—HAZARDOUS MATERIALS 

PROGRAM PROCEDURES 

1. The authority citation for part 107 

continues to read as follows: 

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

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

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

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

1.53. 

2. In § 107.105, add new paragraph 

(c)(11) to read as follows: 

§ 107.105 Application for special permit 

* * * * * 

(c) * * * 

(11) A statement indicating whether 

the applicant will be acting as a shipper 

(offeror), carrier or both under the terms 

of the special permit. 

* * * * * 

3. In § 107.107, add new paragraph 

(b)(6) to read as follows: 

§ 107.107 Application for party status. 

* * * * * 

(b) * * * 

(6) A statement indicating whether 

the applicant will be acting as a shipper 

(offeror), carrier or both under the terms 

of the special permit. 

* * * * * 

4. In § 107.109, add new paragraph 

(a)(7) to read as follows: 

§ 107.109 Application for renewal. 

(a) * * * 

(7) A statement indicating whether 

the applicant will be acting as a shipper 

(offeror), carrier or both under the terms 

of the special permit. 

* * * * * 

PART 171—GENERAL INFORMATION, 

REGULATIONS, AND DEFINITIONS 

5. The authority citation for part 171 

continues to read as follows: 

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

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

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

section 31001. 

6. In § 171.7, in the paragraph (a)(3) 

table, is amended as follows: 

a. Under the entry ‘‘The Aluminum 

Association,’’ the organization’s mailing 

address is revised; 

b. Under the entry ‘‘The American 

Society for Testing and Materials,’’ the 

entry ASTM E 290–97a, ‘‘Standard Test 

Methods for Bend Testing of Material 

for Ductility’’ is added in appropriate 

numerical order; 

c. Under the entry ‘‘Association of 

American Railroads,’’ the entry 

‘‘Intermodal Loading Guide for Products 

in Closed Trailers and Containers’’ is 

added in appropriate alphabetical order; 

and 

d. Under the entry ‘‘Institute of 

Makers of Explosives,’’ the entry ‘‘IME 

Safety Library Publication No. 22,’’ IME 

Standard 22, ‘‘Recommendation for the 

Safe Transportation of Detonators in a 


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Vehicle with Certain Other Explosive 

Materials’’ is revised. 

The revisions and additions read as 

follows: 

§ 171.7 Reference material. 

(a) * * * 

(3) Table of material incorporated by 

reference. * * * 

Source and name of material 49 CFR reference 

*******

The Aluminum Association, 1525 Wilson Blvd., Suite 6000, Arlington, VA 22209, telephone 703–358–2960, http:// 

www.aluminum.org: 

* * * * * * * 

American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohoken, PA 19428, telephone 610–832– 

9585,http://www.astm.org: 

* * * * * * * 

ASTM E 290–97a Standard Test Methods for Bend Testing of Material for Ductility ................................................................ 178.37. 

*******

Association of American Railroads, 425 Third Street, SW., Suite 1000, Washington, DC 20001, telephone 202–639–2100, 

http://www.aar.org: 

*******

Intermodal Loading Guide for Products in Closed Trailers and Containers ........................................................................ 174.55; 174.101; 

174.112; 

174.115. 

*******

Institute of Makers of Explosives, 1120 19th Street, NW., Suite 310, Washington, DC 20036–3605, telephone 202–429– 

9280, http://www.ime.org: 

IME Safety Library Publication No. 22 (IME Standard 22), Recommendation for the Safe Transportation of Detonators 

in a Vehicle with Certain Other Explosive Materials, February 2007.

173.63; 177.835 

*******

* * * * * 

7. In § 171.8, the definition of 

‘‘Person’’ is revised to read as follows: 

§ 171.8 Definitions and abbreviations. 

* * * * * 

Person means an individual, 

corporation, company, association, firm, 

partnership, society, joint stock 

company; or a government, Indian tribe, 

or authority of a government or tribe; 

that offers a hazardous material for 

transportation in commerce, transports a 

hazardous material to support a 

commercial enterprise, or designs, 

manufacturers, fabricates, inspects, 

marks, maintains, reconditions, repairs, 

or tests a package, container, or 

packaging component that is 

represented, marked, certified, or sold 

as qualified for use in transporting 

hazardous material in commerce. This 

term does not include the United States 

Postal Service or, for purposes of 49 

U.S.C. 5123 and 5124, a Department, 

agency, or instrumentality of the 

government. 

* * * * * 

§ 171.14 [Removed and Reserved] 

8. Section 171.14 is removed and 

reserved. 

9. In § 171.15, paragraph (a) 

introductory text is revised to read as 

follows: 

§ 171.15 Immediate notice of certain 

hazardous materials incidents. 

(a) General. As soon as practical but 

no later than 12 hours after the 

occurrence of any incident described in 

paragraph (b) of this section, each 

person in physical possession of the 

hazardous material must provide notice 

by telephone to the National Response 

Center (NRC) on 800–424–8802 (toll 

free) or 202–267–2675 (toll call) or 

online at http://www.nrc.uscg.mil. Each 

notice must include the following 

information: 

* * * * * 

PART 172—HAZARDOUS MATERIALS 

TABLE, SPECIAL PROVISIONS, 

HAZARDOUS MATERIALS 

COMMUNICATIONS, EMERGENCY 

RESPONSE INFORMATION, AND 

TRAINING REQUIREMENTS 

10. The authority citation for part 172 

continues to read as follows: 

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

1.53. 

11. In § 172.101, paragraph (c)(2) is 

revised and the Hazardous Materials 

Table is amended by adding the entries 

under ‘‘[ADD]’’ and revising entries 

under ‘‘[REVISE]’’ in the appropriate 

alphabetical sequence to read as 

follows: 

§ 172.101 Purpose and use of hazardous 

materials table. 

* * * * * 

(c) * * * 

(2) Punctuation marks and words in 

italics are not part of the proper 

shipping name, but may be used in 

addition to the proper shipping name. 

The word ‘‘or’’ in italics indicates that 

there is a choice of terms in the 

sequence that may alternately be used as 

the proper shipping name or as part of 

the proper shipping name, as 

appropriate. For example, for the 

hazardous materials description ‘‘Carbon 

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

dioxide, solid’’ or ‘‘Dry ice’’ may be used 

as the proper shipping name; and for the 

hazardous materials description 

‘‘Articles, pressurized pneumatic or 

hydraulic’’ either ‘‘Articles, pressurized 

pneumatic’’ or ‘‘Articles, pressurized 

hydraulic’’ may be used as the proper 

shipping name. 

* * * * * 


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60030 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Proposed Rules § 172.101 HAZARDOUS

MATERIALS

TABLE

Symbols 

(1) 

Hazardous materials 

descriptions and proper shipping names 

Hazard 

class or division 

Identification numbers PG Label codes Special provisions (§ 172.102) (8) Packaging (§ 173.***) (9) Quantity limitations (10) Vessel stowage Exceptions Non-bulk Bulk Passenger aircraft/rail Cargo air- craft only Location Other 

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

*******

[ADD] .......................... .................. ................... ................... ................... ..................................... ................... ................... ................... ................... ................... ...................

*******

Formaldehyde solutions (with not less 

than 10% and less 

than 25% formaldehyde), see Aviation 

regulated liquid, 

n.o.s. or Other regulated substances, 

liquid, n.o.s. 

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

*******

Permeation devices for 

calibrating air quality monitoring equipment See § 173.175.

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

*******

[REVISE] ..................... .................. ................... ................... ................... ..................................... ................... ................... ................... ................... ................... ...................

*******

Battery-powered vehicle or Battery-powered equipment. 9 UN3171 .... ................... 9 ............... 134 .............................. 220 ........... 220 ........... None ......... No limit ..... No limit ..... A ...............

G ............ Environmentally hazardous substance, 

liquid, n.o.s..

9 UN3082 .... III .............. 9 ............... 8, 146, 173, 335, IB3, 

T4, TP1, TP29.

155 ........... 203 ........... 241 ........... No limit ..... No limit ..... A ...............

*******

Ethanol and gasoline 

mixture or Ethanol 

and motor spirit mixture or Ethanol and 

petrol mixture, with more than 10% ethanol.

3 UN3475 .... II ............... 3 ............... 144, 177, 178, IB2, T4, 

TP1.

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

*******

Formaldehyde, solutions, flammable. 3 UN1198 .... III .............. 3, 8 ........... 176, B1, IB3, T4, TP1 150 ........... 203 ........... 242 ........... 5 L ............ 60 L .......... A ............... 40 

*******

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

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

3 NA1203 .... II ............... 3 ............... 144, 177, 178 .............. 150 ........... 202 ........... 242 ........... 5 L ............ 60 L .......... E ...............

Gasoline includes gasoline mixed with 

ethyl alcohol, with not more than 10% alcohol.

3 UN1203 .... II ............... 3 ............... 144, 177, 178, B1, 

B33, IB2, T8.

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

*******


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* * * * * 

12. In § 172.102(c)(1), new Special 

Provisions 173, 176, 178 are added in 

appropriate numerical order to read as 

follows: 

§ 172.102 Special provisions. 

* * * * * 

(c) * * * 

(1) * * * 

Code/Special Provisions 

* * * * * 

173 For adhesives, printing inks, 

printing ink-related materials, paints, 

paint-related materials, and resin 

solutions which are assigned to 

UN3082, and do not meet the definition 

of another hazard class, metal or plastic 

packaging for substances of packing 

groups II and III in quantities of 5 L (1.3 

gallons) or less per packaging are not 

required to meet the UN performance 

package testing when transported: 

a. Except for transportation by 

aircraft, in palletized loads, a pallet box 

or unit load device, (e.g. individual 

packaging placed or stacked and 

secured by strapping, shrink or stretchwrapping or other suitable means to a 

pallet). For vessel transport, the 

palletized loads, pallet boxes or unit 

load devices must be firmly packed and 

secured in closed cargo transport units; 

or 

b. Except for transportation by 

aircraft, as an inner packaging of a 

combination packaging with a 

maximum net mass of 40 kg (88 

pounds). For transportation by aircraft, 

as an inner packaging of a combination 

packaging with a maximum gross mass 

of 30 kg when packaged as a limited 

quantity in accordance with § 173.27(f) 

and (j). 

* * * * * 

176 This entry must be used for 

formaldehyde solutions containing 

methanol as a stabilizer. Formaldehyde 

solutions not containing methanol and 

not meeting the Class 3 flammable 

liquid criteria must be described using 

a different proper shipping name. 

* * * * * 

178 The proper shipping name 

‘‘Gasohol gasoline mixed with ethyl 

alcohol, with not more than 20 percent 

alcohol’’ in effect on January 28, 2008, 

may continue to be used until October 

1, 2010. Effective October 1, 2010, the 

new proper shipping name ‘‘Ethanol and 

gasoline mixture or ethanol and motor 

spirit mixture or ethanol and petrol 

mixture,’’ and the revised proper 

shipping name ‘‘Gasohol gasoline mixed 

with ethyl alcohol, with not more than 

10% alcohol’’ must be used, as 

appropriate. 

* * * * * 

13. In § 172.202, paragraph (b) is 

revised to read as follows: 

§ 172.202 Description of hazardous 

material on shipping papers. 

* * * * * 

(b) Except as provided in this subpart, 

the basic description specified in 

paragraphs (a)(1), (2), (3) and (4) of this 

section must be shown in sequence with 

no additional information interspersed. 

For example, ‘‘UN2744, Cyclobutyl 

chloroformate, 6.1, (8, 3), PG II.’’ The 

shipping description sequences in effect 

on December 31, 2006, may be used 

until January 1, 2013. 

* * * * * 

14–15. In § 172.203, paragraph (i)(2) is 

revised and paragraph (p) is added to 

read as follows: 

§ 172.203 Additional description 

requirements. 

* * * * * 

(i) * * * 

(2) Minimum flashpoint if 60 °C (140 

°F) or below (in °C closed cup 

(c.c.)) in association with the basic 

description. For lab packs packaged in 

conformance with § 173.12(b) of this 

subchapter, an indication that the 

lowest flashpoint of all hazardous 

materials contained in the lab pack is 

below 23 °C or is less than 23 °C but not 

more than 60 °C must be identified on 

the shipping paper in lieu of the 

minimum flashpoint. 

* * * * * 

(p) Liquefied petroleum gas (LPG). 

The word ‘‘non-odorized’’ must 

immediately precede the proper 

shipping name on a shipping paper 

when non-odorized liquefied petroleum 

gas is offered for transportation. 

16. In § 172.324, paragraph (a) is 

revised to read as follows: 

§ 172.324 Hazardous substances in nonbulk packaging. 

* * * * * 

(a) If the proper shipping name of a 

material that is a hazardous substance 

does not identify the hazardous 

substance by name, or if the package 

contains a limited quantity marked in 

accordance with § 172.315, the name of 

the hazardous substance must be 

marked on the package, in parentheses, 

in association with the proper shipping 

name or the identification number as 

applicable. If the material contains two 

or more hazardous substances, at least 

two hazardous substances, including the 

two with the lowest reportable 

quantities (RQ’s), must be identified. 

For a hazardous waste, the waste code 

(e.g., D001), if appropriate may be used 

to identify the hazardous substance. 

* * * * * 

17. In § 172.336, a new paragraph (d) 

is added to read as follows: 

§ 172.336 Identification numbers; special 

provisions. 

* * * * * 

(d) When a bulk packaging is labeled 

instead of placarded in accordance with 

§ 172.514(c) of this subchapter, 

identification numbers may be marked 

on the package in accordance with the 

marking requirements of § 172.301(a)(1) 

of this subchapter. 

18. Section 172.404 is revised to read 

as follows: 

§ 172.404 Labels for mixed and 

consolidated packaging. 

(a) Mixed packaging. When hazardous 

materials having different hazard classes 

are packed within the same packaging, 

or within the same outside container or 

overpack as described in § 173.25 and 

authorized by § 173.21 of this 

subchapter, the packaging, outside 

container or overpack must be labeled 

as required for each class of hazardous 

material contained therein. 

(b) Consolidated packaging. When 

two or more packages containing 

compatible hazardous material (see 

§ 173.21 of this subchapter) are placed 

within the same outside container or 

overpack, the outside container or 

overpack must be labeled as required for 

each class of hazardous material 

contained therein, unless labels 

representative of each hazardous 

material in the outside container or 

overpack are visible. 

(c) Consolidation bins used by a single 

motor carrier. Notwithstanding the 

provisions of paragraph (b) of this 

section, labeling of a consolidation bin 

is not required under the following 

conditions: 

(1) The consolidation bin must be 

reusable, made of materials such as 

plastic, wood, or metal and must have 

a capacity of 64 cubic feet or less. 

(2) Hazardous material packages 

placed in the consolidation bin must be 

properly labeled in accordance with this 

subpart; 

(3) Packages must be compatible as 

specified in § 177.848 of this 

subchapter; 

(4) Packages may only be placed 

within the consolidation bin and the bin 

be loaded on a motor vehicle by an 

employee of a single motor carrier; 

(5) Packages must be secured within 

the consolidation bin by other packages 

or by other suitable means in such a 

manner as to prevent shifting of, or 

significant relative motion between, the 

packages that would likely compromise 

the integrity of any package; 

(6) The consolidation bin must be 

clearly and legibly marked on a tag or 


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fixed display device with an indication 

of each hazard class or division 

contained within the bin; 

(7) The consolidation bin must be 

properly blocked and braced within the 

transport vehicle; and 

(8) Consolidation bins may only be 

transported by a single motor carrier, or 

on railcars transporting such vehicles. 

18. In § 172.427, paragraph (c) is 

added to read as follows: 

§ 172.427 ORGANIC PEROXIDE label. 

* * * * * 

(c) A Division 5.2 label conforming to 

the specifications of this section in 

effect on December 31, 2006 may 

continue to be used until January 1, 

2011. 

19. In § 172.432, paragraph (a) is 

revised and paragraph (c) is added to 

read as follows: 

§ 172.432 INFECTIOUS SUBSTANCE label. 

(a) Except for size and color, the 

INFECTIOUS SUBSTANCE label must 

be as follows: 

* * * * * 

(c) Labels conforming to requirements 

in place on September 30, 2011 may 

continue to be used until October 1, 

2014. 

20. In § 172.446, paragraph (a) is 

revised and new paragraph (c) is added 

to read as follows: 

§ 172.446 CLASS 9 label. 

(a) Except for size and color, the 

‘‘CLASS 9’’ (miscellaneous hazardous 

materials) label must be as follows: 

* * * * * 

(c) Labels conforming to requirements 

in place on September 30, 2011 may 

continue to be used until October 1, 

2014. 

21. In § 172.514, paragraph (c)(4), as 

amended February 2, 2010, at 75 FR 

5392, and effective October 1, 2010, is 

revised to read as follows: 

§ 172.514 Bulk packagings. 

* * * * * 

(c) * * * 

(4) An IBC. For an IBC labeled in 

accordance with subpart E of this part 

instead of placarded, the IBC may 

display the proper shipping name and 

UN identification number in accordance 

with the size requirements of 

§ 172.302(b)(2) in place of the UN 

number on an orange panel or placard. 

22. In § 172.519, paragraph (c)(1) is 

revised to read as follows: 

§ 172.519 General specifications for 

placards. 

* * * * * 

(c) * * * 

(1) Each placard prescribed in this 

subpart must measure at least 250 mm 

(9.84 inches) on each side and must 

have a solid line inner border 

approximately 12.7 mm (0.5 inches) 

from each edge. 

* * * * * 

23. In § 172.552, paragraph (c) is 

added to read as follows: 

§ 172.552 ORGANIC PEROXIDE placard. 

* * * * * 

(c) Except for transportation by 

highway, a Division 5.2 placard 

conforming to the specifications in this 

section in effect on December 31, 2006 

may continue to be used until January 

1, 2011. For transportation by highway, 

a Division 5.2 placard conforming to the 

specifications in this section in effect on 

December 31, 2006 may continue to be 

used until January 1, 2014. 

PART 173—SHIPPERS—GENERAL 

REQUIREMENTS FOR SHIPMENTS 

AND PACKAGINGS 

24. The authority citation for part 173 

continues to read as follows: 

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

CFR 1.45 and 1.53. 

25. In § 173.56, paragraph (j) 

introductory text is revised to read as 

follows: 

§ 173.56 New explosives—definition and 

procedures for classification and approval. 

* * * * * 

(j) Fireworks. Notwithstanding the 

requirements of paragraph (b) of this 

section, fireworks may be classed and 

approved by the Associate 

Administrator without prior 

examination and offered for 

transportation if the following 

conditions are met: 

* * * * * 

26. In § 173.60, paragraph (b)(14) is 

revised to read as follows: 

§ 173.60 General packaging requirements 

for explosives. 

* * * * * 

(b) * * * 

(14) Large and robust explosives 

articles, normally intended for military 

use, without their means of initiation or 

with their means of initiation containing 

at least two effective protective features, 

may be carried unpackaged provided 

that a negative result was obtained in 

Test Series 4 of the UN Manual of Tests 

and Criteria on an unpackaged article. 

When such articles have propelling 

charges or are self-propelled, their 

ignition systems must be protected 

against conditions encountered during 

normal transportation. Such 

unpackaged articles may be fixed to 

cradles or contained in crates or other 

suitable handling, storage or launching 

devices in such a way that they will not 

become loose during normal conditions 

of transport and are in accordance with 

DOD-approved procedures. When such 

large explosive articles, as part of their 

operational safety and suitability tests, 

are subjected to testing that meets the 

intentions of Test Series 4 of the UN 

Manual of Tests and Criteria with 

successful test results, they may be 

offered for transportation in accordance 

with the requirements prescribed in 

(b)(14) above subject to approval by the 

Associate Administrator. 

27. In § 173.62, in paragraph (c), in 

the Table of Packing Methods, Packing 

Instruction 130, as amended February 2, 

2010, at 75 FR 5394, and effective 

October 1, 2010, is revised to read as 

follows: 


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Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Proposed Rules 60033 

§ 173.62 Specific packaging requirements 

for explosives. 

* * * * * 

(c) * * * 

TABLE OF PACKING METHODS

Packing instruction Inner packaging Intermediate 

packaging Outer packaging 

*******

130 ........................................................................ Not necessary ....... Not necessary ....... Boxes. 

PARTICULAR PACKING REQUIREMENTS OR 

EXCEPTIONS: 

1. The following applies to UN 0006, 0009, 

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

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

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

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

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

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

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

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

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

0451, 0459 and 0488. Large and robust 

explosives articles, normally intended for 

military use, without their means of initiation or with their means of initiation containing at least two effective protective features, may be carried unpackaged. When 

such articles have propelling charges or 

are self-propelled, their ignition systems 

must be protected against stimuli encountered during normal conditions of transport. A negative result in Test Series 4 on 

an unpackaged article indicates that the 

article can be considered for transport 

unpackaged. Such unpackaged articles 

may be fixed to cradles or contained in 

crates or other suitable handling devices. 

............................... ............................... Steel (4A). Wood natural, ordinary (4C1). Plywood (4D). Reconstituted wood (4F). Fiberboard (4G). Plastics, expanded (4H1). Plastics, 

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

(1A2). Aluminum, removable head (1B2). Plywood (1D). Fiber (1G). Plastics, removable 

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

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

wood (50C) Plywood (50D). Reconstituted 

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

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

of their operational safety and suitability 

tests, subjected to testing that meets the 

intentions of Test Series 4 of the UN Manual of Tests and Criteria with successful 

test results, may be offered for transportation in accordance with the requirements 

of this subchapter. 

* * * * * * * 

* * * * * 

28. In § 173.120, paragraph (e) is 

added to read as follows: 

§ 173.120 Class 3—Definitions. 

* * * * * 

(e) Transitional provisions. The Class 

3 classification criteria in effect on 

December 31, 2006, may continue to be 

used until January 1, 2012. 

29. In § 173.121, paragraph (c) is 

added to read as follows: 

§ 173.121 Class 3—Assignment of packing 

group. 

* * * * * 

(c) Transitional provisions. The 

criteria for packing group assignments 

in effect on December 31, 2006, may 

continue to be used until January 1, 

2012. 

30. In § 173.132, paragraph (e) is 

added to read as follows: 

§ 173.132 Class 6, Division 6.1— 

Definitions. 

* * * * * 

(e) Transitional provisions. The 

Division 6.1 classification criteria in 

effect on December 31, 2006, may 

continue to be used until January 1, 

2012. 

31. In § 173.133, paragraph (c) is 

added to read as follows: 

§ 173.133 Assignment of packing group 

and hazard zones for Division 6.1 materials. 

* * * * * 

(c) Transitional provisions. The 

Division 6.1 criteria for packing group 

assignments in effect on December 31, 

2006, may continue to be used until 

January 1, 2012. 

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

revised to read as follows: 

§ 173.134 Class 6, Division 6.2— 

Definitions and exceptions. 

* * * * * 

(c) * * * 

(2) The following materials may be 

offered for transportation and 

transported as a regulated medical waste 

when packaged in a rigid non-bulk 

packaging conforming to the general 

packaging requirements of §§ 173.24 

and 173.24a and packaging 

requirements specified in 29 CFR 


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1910.1030 and transported by a private 

or contract carrier in a vehicle used 

exclusively to transport regulated 

medical waste: 

(i) Waste stock or culture of a 

Category B infectious substance; 

(ii) Plant and animal waste regulated 

by the Animal and Plant Health 

Inspection Service (APHIS); 

(iii) Waste pharmaceutical materials; 

(iv) Laboratory and recyclable wastes; 

(v) Infectious substances that have 

been treated to eliminate or neutralize 

pathogens; 

(vi) Forensic materials being 

transported for final destruction; 

(vii) Rejected or recalled health care 

products; 

(viii) Documents intended for 

destruction in accordance with the 

Health Insurance Portability and 

Accountability Act of 1996 (HIPAA) 

requirements; and 

(ix) Medical or clinical equipment 

and laboratory products provided they 

are properly packaged and secured 

against exposure or contamination. 

Sharps containers must be securely 

closed to prevent leaks or punctures. 

* * * * * 

33. In § 173.150, revise paragraph 

(d)(2) to read as follows: 

§ 173.150 Exceptions for Class 3 

(flammable and combustible liquids). 

* * * * * 

(d) * * * 

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

gallons) or less, unless carried by a 

passenger or crewmember aboard a 

passenger aircraft, then it must conform 

to § 175.10(a)(4) of this subchapter as 

checked or carry-on baggage; or 

* * * * * 

34. Add § 173.175 to read as follows: 

§ 173.175 Permeation devices. 

Permeation devices that contain 

hazardous materials and that are used 

for calibrating air quality monitoring 

devices are not subject to the 

requirements of this subchapter 

provided the following requirements are 

met: 

(a) Each device must be constructed of 

a material compatible with the 

hazardous materials it contains; 

(b) The total contents of hazardous 

materials in each device is limited to 2 

ml (0.07 ounces) and the device must 

not be liquid full at 55 °C (131 °F); 

(c) Each permeation device must be 

placed in a sealed, high impact 

resistant, tubular inner packaging of 

plastic or equivalent material. Sufficient 

absorbent material must be contained in 

the inner packaging to completely 

absorb the contents of the device. The 

closure of the inner packaging must be 

securely held in place with wire, tape or 

other positive means; 

(d) Each inner packaging must be 

contained in a secondary packaging 

constructed of metal, or plastic having 

a minimum thickness of 1.5 mm (0.06 

inches). The secondary packaging must 

be hermetically sealed; 

(e) The secondary packaging must be 

securely packed in strong outer 

packaging. The completed package must 

be capable of withstanding, without 

breakage or leakage of any inner 

packaging and without significant 

reduction in effectiveness: 

(i) The following free drops onto a 

rigid, non resilient, flat and horizontal 

surface from a height of 1.8 m (5.9 feet): 

(A) One drop flat on the bottom; 

(B) One drop flat on the top; 

(C) One drop flat on the long side; 

(D) One drop flat on the short side; 

(E) One drop on a corner at the 

junction of three intersecting edges; and 

(ii) A force applied to the top surface 

for a duration of 24 hours, equivalent to 

the total weight of identical packages if 

stacked to a height of 3 m (10 feet) 

(including the test sample). 

(iii) Each of the above tests may be 

performed on different but identical 

packages. 

(f) The gross mass of the completed 

package must not exceed 30 kg. 

35. In § 173.189, the first sentence of 

paragraph (a) is revised to read as 

follows: 

§ 173.189 Batteries containing sodium or 

cells containing sodium. 

(a) Batteries and cells may not contain 

any hazardous material other than 

sodium, sulfur or sodium compounds 

(e.g., sodium polysulfides, sodium 

tetrachloroaluminate, etc.). * * * 

* * * * * 

36. In § 173.302, revise paragraph 

(f)(2)(i) and (ii) and add paragraph 

(f)(2)(iii) to read as follows: 

§ 173.302 Filling of cylinders with 

nonliquefied (permanent) compressed 

gases. 

* * * * * 

(f) * * * 

(2) * * * 

(i) The rated burst pressure of a 

rupture disc for DOT 3A, 3AA, 3AL, and 

3E cylinders, and UN pressure 

receptacles conforming to ISO 9809–1, 

ISO 9809–2, ISO 9809–3 and ISO 7866 

cylinders must be 100% of the cylinder 

minimum test pressure with a tolerance 

of plus zero to minus 10%; 

(ii) The rated burst pressure of a 

rupture disc for a DOT 3HT cylinder 

must be 90% of the cylinder minimum 

test pressure with a tolerance of plus 

zero to minus 10%; and 

(iii) The rated burst pressure of a 

rupture disc for a DOT 39 cylinder must 

be 100% of the cylinder minimum test 

pressure with a tolerance of plus 5 to 

minus 10%. 

* * * * * 

37. In § 173.304, revise paragraph 

(f)(2)(i) and (ii) and add paragraph 

(f)(2)(iii) to read as follows: 

§ 173.304 Filling of cylinders with liquefied 

compressed gases. 

* * * * * 

(f) * * * 

(2) * * * 

(i) The rated burst pressure of a 

rupture disc for DOT 3A, 3AA, 3AL, and 

3E cylinders, and UN pressure 

receptacles conforming to ISO 9809–1, 

ISO 9809–2, ISO 9809–3 and ISO 7866 

cylinders must be 100% of the cylinder 

minimum test pressure with a tolerance 

of plus zero to minus 10%; 

(ii) The rated burst pressure of a 

rupture disc for a DOT 3HT cylinder 

must be 90% of the cylinder minimum 

test pressure with a tolerance of plus 

zero to minus 10%; and 

(iii) The rated burst pressure of a 

rupture disc for a DOT 39 cylinder must 

be 100% of the cylinder minimum test 

pressure with a tolerance of plus 5 to 

minus 10%. 

* * * * * 

PART 174—CARRIAGE BY RAIL 

38. The authority citation for part 174 

continues to read as follows: 

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

CFR 1.53. 

39. In § 174.55, paragraph (a) is 

revised to read as follows: 

§ 174.55 General requirements. 

(a) Each package containing a 

hazardous material being transported by 

rail in a freight container or transport 

vehicle must be loaded so that it cannot 

fall or slide and must be safeguarded in 

such a manner that other freight cannot 

fall onto or slide into it under 

conditions normally incident to 

transportation. When this protection 

cannot be provided by using other 

freight, it must be provided by blocking 

and bracing. For examples of blocking 

and bracing in freight containers and 

transport vehicles, see Bureau of 

Explosives Pamphlet No. 6 and the 

Intermodal Loading Guide for Products 

in Closed Trailers and Containers (IBR, 

see § 171.7 of this subchapter). 

* * * * * 

40. In § 174.67, paragraphs (a)(6), (b) 

introductory text, (b)(1), and (c) 

introductory text are revised to read as 

follows: 


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§ 174.67 Tank car unloading. 

* * * * * 

(a) * * * 

(6) Before a manhole cover or outlet 

valve cap is removed from a tank car, 

the car must be relieved of all interior 

pressure by cooling the tank with water 

or by venting the tank by raising the 

safety valve or opening the dome vent 

at short intervals. However, if venting to 

relieve pressure will cause a dangerous 

amount of vapor to collect outside the 

car, venting and unloading must be 

deferred until the pressure is reduced by 

allowing the car to stand overnight, 

otherwise cooling the contents, or 

venting to a closed collection system. 

These precautions are not necessary 

when the car is equipped with a 

manhole cover which hinges inward or 

with an inner manhole cover which 

does not have to be removed to unload 

the car, and when pressure is relieved 

by piping vapor into a condenser or 

storage tank. 

(b) After the pressure is released, for 

unloading processes that require the 

removal of the manhole cover, the seal 

must be broken and the manhole cover 

removed as follows: 

(1) Screw type. The cover must be 

loosened by placing a bar between the 

manhole cover lug and knob. After two 

complete turns, so that the vent 

openings are exposed, the operation 

must be stopped, and if there is any 

sound of escaping vapor, the cover must 

be screwed down tightly and the 

interior pressure relieved as prescribed 

in paragraph (a)(6) of this section, before 

again attempting to remove the cover. 

* * * * * 

(c) When the car is unloaded through 

a bottom outlet valve, for unloading 

processes that require the removal of the 

manhole cover, the manhole cover must 

be adjusted as follows: 

* * * * * 

41. In § 174.101, paragraphs (o)(2) and 

(o)(3) are revised to read as follows: 

§ 174.101 Loading Class 1 (explosive) 

materials. 

* * * * * 

(o) * * * 

(2) Each truck body or trailer must be 

secured on the rail car so that it will not 

permanently change position or show 

evidence of failure or impending failure 

of the method of securing the truck body 

or trailer under impact from each end of 

at least 13 km (8.1 miles) per hour. Its 

efficiency must be determined by actual 

test, using dummy loads equal in weight 

and general character to the material to 

be shipped. For recommended methods 

of blocking and bracing, see the 

Intermodal Loading Guide for Products 

in Closed Trailers and Containers (IBR, 

see § 171.7 of this subchapter). 

(3) Lading must be loaded, blocked, 

and braced within or on the truck body 

or trailer so that the lading will not 

change position under impact from each 

end of at least 13 km (8.1 miles) per 

hour. For recommended methods of 

blocking and bracing, see the Intermodal 

Loading Guide for Products in Closed 

Trailers and Containers (IBR, see § 171.7 

of this subchapter). 

* * * * * 

42. In § 174.112, paragraph (c)(3) is 

revised to read as follows: 

§ 174.112 Loading Division 1.3 materials 

and Division 1.2 (explosive) materials (Also 

see § 174.101). 

* * * * * 

(c) * * * 

(3) Packages of Division 1.2 materials 

and Division 1.3 (explosive) materials 

are blocked and braced within the truck 

body, trailer, or container to prevent 

their shifting and possible damage due 

to shifting of other freight during 

transportation (ends, sidewalls, or doors 

of the truck body, trailer, or container 

may not be relied on to prevent the 

shifting of heavy loads). For 

recommended methods of blocking and 

bracing see the Intermodal Loading 

Guide for Products in Closed Trailers 

and Containers (IBR, see § 171.7 of this 

subchapter). 

43. In § 174.115, paragraph (b)(3) is 

revised to read as follows: 

§ 174.115 Loading Division 1.4 (explosive) 

materials. 

* * * * * 

(b) * * * 

(3) Packages of Division 1.4 

(explosive) materials are blocked and 

braced within the truck body, trailer, or 

container to prevent their shifting and 

possible damage due to shifting of other 

freight during transportation. Ends, side 

walls, or doors of the truck body, trailer, 

or container may not be relied on to 

prevent shifting of heavy loads. For 

recommended methods of blocking and 

bracing see the Intermodal Loading 

Guide for Products in Closed Trailers 

and Containers. 

PART 177—CARRIAGE BY PUBLIC 

HIGHWAY 

44. The authority citation for part 177 

continues to read as follows: 

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

1.53 

45. In § 177.848, paragraph (c), as 

amended May 14, 2010, at 75 FR 27216, 

and effective October 1, 2010, is revised 

to read as follows: 

§ 177.848 Segregation of hazardous 

materials. 

* * * * * 

(c) In addition to the provisions of 

paragraph (d) of this section and except 

as provided in § 173.12(e) of this 

subchapter, cyanides, cyanide mixtures 

or solutions may not be stored, loaded 

and transported with acids if a mixture 

of the materials would generate 

hydrogen cyanide; Division 4.2 

materials may not be stored, loaded and 

transported with Class 8 liquids; and 

Division 6.1 Packing Group I, Hazard 

Zone A material may not be stored, 

loaded and transported with Class 3 

material, Class 8 liquids, and Division 

4.1, 4.2, 4.3, 5.1 or 5.2 material. 

* * * * * 

PART 178—SPECIFICATIONS FOR 

PACKAGINGS 

46. The authority citation for part 178 

continues to read as follows: 

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

1.53. 

47. In § 178.35, paragraphs (c)(4) and 

(g) are revised and paragraph (h) is 

removed. 

The revsions read as follows: 

§ 178.35 General requirements for 

specification cylinders. 

* * * * * 

(c) * * * 

(4) Inspector’s report. Prepare a report 

containing, at a minimum, the 

applicable information listed in CGA C– 

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

Any additional information or markings 

that are required by the applicable 

specification must be shown on the test 

report. The signature of the inspector on 

the reports certifies that the processes of 

manufacture and heat treatment of 

cylinders were observed and found 

satisfactory. The inspector must furnish 

the completed test reports required by 

this subpart to the maker of the cylinder 

and, upon request, to the purchaser. The 

test report must be retained by the 

inspector for fifteen years from the 

original test date of the cylinder. 

* * * * * 

(g) Manufacturer’s reports. At or 

before the time of delivery to the 

purchaser, the cylinder manufacturer 

must have all completed certification 

documents listed in CGA C–11. The 

manufacturer of the cylinders must 

retain the reports required by this 

subpart for 15 years from the original 

test date of the cylinder. 

48. In § 178.37, paragraphs (j) and (l) 

are revised to read as follows: 


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60036 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Proposed Rules 

§ 178.37 Specification 3AA and 3AAX 

seamless steel cylinders. 

* * * * * 

(j) Flattening test. A flattening test 

must be performed on one cylinder 

taken at random out of each lot of 200 

or less, by placing the cylinder between 

wedge shaped knife edges having a 60 

° included angle, rounded to 1⁄2-inch 

radius. The longitudinal axis of the 

cylinder must be at a 90-degree angle to 

knife edges during the test. For lots of 

30 or less, flattening tests are authorized 

to be made on a ring at least 8 inches 

long cut from each cylinder and 

subjected to the same heat treatment as 

the finished cylinder. Cylinders may be 

subjected to a bend test in lieu of the 

flattening test. Two bend test specimens 

must be taken in accordance with ISO 

9809–1 or ASTM E 290–97a (IBR, see 

§ 171.7 of this subchapter), and must be 

subjected to the bend test specified 

therein. 

* * * * * 

(l) Acceptable results for physical, 

flattening and bend tests. An acceptable 

result for physical and flattening tests is 

elongation of at least 20 percent for 2 

inches of gauge length or at least 10 

percent in other cases. Flattening is 

required, without cracking, to 6 times 

the wall thickness of the cylinder. An 

acceptable result for the alternative 

bend test is no crack when the cylinder 

is bent inward around the mandrel until 

the interior edges are not further apart 

than the diameter of the mandrel. 

* * * * * 

49. In § 178.71, paragraphs (c) and 

(o)(6) are revised to read as follows: 

§ 178.71 Specifications for UN pressure 

receptacles. 

* * * * * 

(c) Following the final heat treatment, 

all cylinders, except those selected for 

batch testing must be subjected to a 

proof pressure or a hydraulic volumetric 

expansion test. 

* * * * * 

(o) * * * 

(6) The test pressure in bar, preceded 

by the letters ‘‘PH’’ and followed by the 

letters ‘‘BAR’’. 

* * * * * 

50. In § 178.320, in paragraph (a), the 

definition of ‘‘Cargo tank wall’’ is revised 

to read as follows: 

§ 178.320 General requirements applicable 

to all DOT specification cargo tank motor 

vehicles. 

(a) * * * 

Cargo tank wall means those parts of 

the cargo tank that make up the primary 

lading retention structure, including 

shell, bulkheads, and fittings and, when 

closed, yield the minimum volume of 

the completed cargo tank motor vehicle. 

* * * * * 

51. In § 178.345–1, paragraph (i)(2) is 

revised to read as follows: 

§ 178.345–1 General requirements. 

* * * * * 

(i) * * * 

(2) The strength of the connecting 

structure joining multiple cargo tanks in 

a cargo tank motor vehicle must meet 

the structural design requirements in 

§ 178.345–3. Any void within the 

connecting structure must be equipped 

with a drain located on the bottom 

centerline that is accessible and kept 

open at all times. For carbon steel, selfsupporting cargo tanks, the drain 

configuration may consist of a single 

drain of at least 1.0 inch diameter, or 

two or more drains of at least 0.5 inch 

diameter, 6.0 inches apart, one of which 

is located as close to the bottom 

centerline as practicable. Vapors 

trapped in a void within the connecting 

structure must be allowed to escape to 

the atmosphere either through the drain 

or a separate vent. 

* * * * * 

52. In § 178.347–1, paragraphs (c) and 

(d) introductory text are revised to read 

as follows: 

§ 178.347–1 General requirements. 

* * * * * 

(c) Any cargo tank motor vehicle built 

to this specification with a MAWP 

greater than 35 psig or any cargo tank 

motor vehicle built to this specification 

designed to be loaded by vacuum must 

be constructed and certified in 

accordance with Section VIII of the 

ASME Code (IBR, see § 171.7 of this 

subchapter). The external design 

pressure for a cargo tank loaded by 

vacuum must be at least 15 psi. 

(d) Any cargo tank motor vehicle built 

to this specification with a MAWP of 35 

psig or less or any cargo tank motor 

vehicle built to this specification 

designed to withstand full vacuum but 

not equipped to be loaded by vacuum 

must be constructed in accordance with 

Section VIII of the ASME Code. 

* * * * * 

53. In § 178.347–4, paragraph (b) is 

revised to read as follows: 

§ 178.347–4 Pressure relief. 

* * * * * 

(b) Type and construction. Vacuum 

relief devices are not required for cargo 

tank motor vehicles that are designed to 

be loaded by vacuum in accordance 

with § 178.347–1(c) or built to 

withstand full vacuum in accordance 

with § 178.347–1(d). 

* * * * * 

PART 180—CONTINUING 

QUALIFICATION AND MAINTENANCE 

OF PACKAGINGS 

54a. The authority citation for part 

180 continues to read as follows: 

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

1.53. 

54b. In § 180.417, paragraph (b)(1)(v) 

is revised to read as follows: 

§ 180.417 Reporting and record retention 

requirements. 

* * * * * 

(b) * * * 

(1) * * * 

(v) Minimum thickness of the cargo 

tank shell and heads when the cargo 

tank is thickness tested in accordance 

with § 180.407(d)(5), § 180.407(e)(3), 

§ 180.407(f)(3), or § 180.407(i); 

* * * * * 

Issued in Washington, DC, on September 

22, 2010, under authority delegated in 49 

CFR part 106. 

Magdy El-Sibaie, 

Associate Administrator for Hazardous 

Materials Safety, Pipeline and Hazardous 

Materials Safety Administration. 

[FR Doc. 2010–24274 Filed 9–28–10; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2010–0132] 

RIN 2127–AK17 

Federal Motor Vehicle Safety 

Standards; New Pneumatic Tires for 

Motor Vehicles With a GVWR of More 

Than 4,536 Kilograms (10,000 Pounds) 

and Motorcycles 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This NPRM proposes to 

upgrade Federal Motor Vehicle Safety 

Standard (FMVSS) No. 119, which 

specifies requirements for new truck 

tires. We propose to amend FMVSS No. 

119 to adopt more stringent endurance 

test requirements and a new high speed 

test for several heavy load range tires for 

vehicles with gross vehicle weight 

rating (GVWR) of more than 4,536 

kilograms (10,000 pounds). We are also 

proposing that FMVSS No. 119 require 

that the tire sidewall be labeled with the 

tire’s maximum speed rating. 


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