[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Proposed Rules]
[Pages 64450-64461]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25853]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 172, 173, 175, and 178

[Docket No. PHMSA-2011-0158 (HM-233C)]
RIN 2137-AE82


Hazardous Materials: Incorporation of Certain Special Permits and 
Competent Authorities Into Regulations

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The Pipeline and Hazardous Materials Safety Administration is 
proposing to amend the Hazardous Materials Regulations to incorporate 
provisions contained in certain widely used or longstanding special 
permits and certain competent authority approvals (``approvals'') that 
have established safety records. Special permits allow a company or 
individual to package or ship a hazardous material in a manner that 
varies from the regulations provided an equivalent level of safety is 
maintained. An approval is a written consent (document) required under 
an international standard (i.e., International Maritime Dangerous Goods 
(IMDG) Code, International Civil Aviation Organization (ICAO)), or is 
specifically provided for in the HMR, and is issued by the Associate 
Administrator for Hazardous Materials Safety. These proposed revisions 
are intended to provide wider access to the regulatory flexibility 
offered in special permits and approvals and eliminate the need for 
numerous renewal requests, reducing paperwork burdens and facilitating 
commerce while maintaining an appropriate level of safety. 
Additionally, this rulemaking will address three petitions for 
rulemaking regarding the continued use of renewal applications for long 
standing special permits.

DATES: Written comments should be submitted on or before December 21, 
2012.

ADDRESSES: You may submit comments by identification of the docket 
number (PHMSA-2011-0158; HM-233C) by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations, U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, Routing 
Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: To Docket Operations, Room W12-140 on the 
ground floor of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Instructions: All submissions must include the agency name and 
docket number for this notice at the beginning of the comment. All 
comments received will be posted without change to the Federal Docket 
Management System (FDMS), including any personal information.
    Docket: For access to the dockets to read background documents or 
comments received, go to http://www.regulations.gov or DOT's Docket 
Operations Office (see ADDRESSES).
    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 (Volume 65, Number 70; 
Pages 19477-78).

FOR FURTHER INFORMATION CONTACT: Steven Andrews, Office of Hazardous 
Materials Safety, Standards and Rulemaking Division, (202) 366-8553, 
or, Diane LaValle, Office of Hazardous Materials Safety, Approvals and 
Permits Division, (202) 366-4535, Pipeline and Hazardous Materials 
Safety Administration (PHMSA), 1200 New Jersey Avenue SE., Washington, 
DC 20590.

SUPPLEMENTARY INFORMATION:

I. Executive Summary
II. Background
III. Overview of Proposed Amendments
IV. Summary Review of Amendments
V. Regulatory Analyses and Notices

I. Executive Summary

    PHMSA is proposing to amend the Hazardous Materials Regulations 
(HMR; 49 CFR parts 171-180) to incorporate several long standing 
special permit and competent authorities into the HMR. The identified 
special permits and competent authorities have a long history of 
safety. Special permits allow a company or individual to package or 
ship a hazardous material in a manner that varies from the hazardous 
materials regulations (HMR) provided an equivalent level of safety is 
maintained. A competent authority (CA) approval is a written consent 
(document) required under an international standard (i.e., 
International Maritime Dangerous Goods (IMDG) code or International 
Civil Aviation Organization (ICAO)) and is issued by the Associate 
Administrator for Hazardous Materials Safety.
    In 2009, an audit of the Special Permits program by the Office of 
the Inspector General identified a need for an ongoing review of all 
open special permits with an outlook towards identifying those that 
should be made part of the HMR to reduce the overall economic burden to 
both affected industry and the government. Four rulemakings, HM-233A 
(75 FR 27205), HM-245 (76 FR 5483), and HM-216B (77 FR 37962) have 
successfully codified certain special permits into the HMR. These 
revisions provided wider access to the regulatory flexibility offered 
in special permits and eliminate the need for numerous renewal 
requests, thus reducing paperwork burdens and facilitating commerce 
while maintaining an appropriate level of safety.
    This notice of proposed rulemaking (NPRM), HM-233C, continues this

[[Page 64451]]

initiative by proposing to incorporate several additional long-standing 
special permits and competent authority approvals with proven safety 
records into the HMR. The special permits affected by the proposed rule 
represent variances from current regulations on topics categorized as 
follows:
     Limited quantities of liquids and solids containing ethyl 
alcohol.
     Transportation of solid coal tar pitch compounds.
     Transportation of certain ammonia solutions in UN1H1 and 
UN6HA1 drums.
     Transportation of spent bleaching earth.
     Requalification of non-DOT specification cylinders in 
life-saving appliances.
     Use of regulated medical waste containers displaying 
alternative markings.
     Incorporation of Oxygen Generator special permits to 
harmonize with FAA Modernization and Reform Act of 2012.
    The economic impact of the proposed rule can thus be summarized as 
follows: NET Cost: $0. Currently, industry must apply for a special 
permit in order to ship materials as described in this NPRM. 
Incorporation of these special permits into the HMR will reduce the 
burden on industry by no longer requiring industry to apply for a 
special permit to ship these materials. Therefore, this proposed rule 
does not impose any new costs to industry.
    NET Benefits: $4,539 per year. (Averaged over 10 years, at a 7% 
annual discount rate.)
    In addition to general positive economic impacts noted above, there 
are known benefits by the elimination of the need for numerous party-to 
applications and renewal requests. PHMSA estimates that the 
incorporation of these special permits and competent authority 
approvals will result in 140 fewer responses per year.

II. Background

    PHMSA is proposing to amend the HMR to incorporate certain 
requirements based on existing special permits (SPs) issued by PHMSA 
under 49 CFR Part 107, Subpart B (Sec. Sec.  107.101 to 107.127) and 
certain approvals issued under 49 CFR Part 107, Subpart D (Sec. Sec.  
107.401 to 107.405). A special permit sets forth alternative 
requirements--or a variance--to the requirements in the HMR in a way 
that achieves a safety level at least equal to the safety level 
required under the regulations or that is consistent with the public 
interest. See 49 CFR 107.105(d). Congress expressly authorized DOT to 
issue these variances in the Hazardous Materials Transportation Act (US 
Code: 49 USC 5109-5127) as amended. An approval is a written consent 
(document) required under an international standard (i.e., IMDG Code, 
ICAO), or is authorized in a specific section of the HMR and is issued 
by the Associate Administrator for Hazardous Materials Safety.

Special Permits

    The HMR generally are performance-oriented regulations, which 
provide the regulated community with some flexibility in meeting safety 
requirements. Even so, not every transportation situation can be 
anticipated and built into the regulations. Innovation is the strength 
of our economy and the hazardous materials community is a leader in 
developing new materials and technologies and innovative ways of moving 
materials. Special permits enable the hazardous materials industry to 
quickly, effectively, and safely integrate new products and 
technologies into production and the transportation stream. Thus, 
special permits provide a mechanism for testing new technologies, 
promoting increased transportation efficiency and productivity, and 
ensuring global competitiveness. Hazardous materials transported under 
the terms of a special permit must achieve a level of safety at least 
equal to the level of safety achieved when transported under the HMR or 
that is consistent with the public interest. Implementation of new 
technologies and operational techniques may enhance safety. Special 
permits also reduce the volume and complexity of the HMR by addressing 
unique or infrequent transportation situations that would be difficult 
to accommodate in regulations intended for use by a wide range of 
shippers and carriers.
    PHMSA conducts ongoing reviews of special permits to identify 
widely used and longstanding special permits with established safety 
records for conversion into regulations of broader applicability. 
Converting these special permits into regulations reduces paperwork 
burdens and facilitates commerce while maintaining an acceptable level 
of safety. Additionally, adoption of special permits as rules of 
general applicability provides wider access to the benefits and 
regulatory flexibility of the provisions granted in the special 
permits. Factors that influence whether or not a specific special 
permit is a candidate for regulatory action include: the safety record 
for hazardous materials transported or operations conducted under a 
special permit; potential broad application of a special permit; 
suitability of provisions in the special permit for incorporation into 
the HMR; rulemaking activity in related areas; and agency priorities.
    The special permits addressed in this NPRM have hundreds of party 
status holders. Party status is granted to a person who intends to 
offer for transportation or transport a hazardous material or perform 
an activity subject to the HMR in the same manner as the original 
applicant.
    The proposed amendments will eliminate the need for approximately 
464 current holders to reapply for renewal of 20 special permits. This 
will also reduce the burden on PHMSA to process renewal applications. 
These proposals will also apply to any special permits this agency 
issues during the development of this rulemaking whose provisions are 
identical in every respect to those described in the rulemakings issued 
under this docket. To emphasize this, we preface the description of the 
affected special permits with the wording ``include'' or ``includes'' 
to clarify that additional special permits issued after the publication 
of this NPRM that are identical in every aspect as those specifically 
listed in this NPRM may be incorporated under these amendments.
    Incorporation of the special permits into the HMR eliminates 
significant paperwork burdens. As a condition of a special permit 
issued by PHMSA and depending on the provisions of the special permit, 
a copy of each special permit must be: (1) Maintained at each facility 
where an operation is conducted or a packaging is manufactured under a 
special permit; (2) maintained at each facility where a package is 
offered or re-offered for transportation under a special permit; and 
(3) in some cases, carried aboard each transport vehicle used to 
transport a hazardous material under a special permit.

Competent Authority Approvals

    The HMR also allows for PHMSA to grant approvals to companies or 
organizations for the manufacturing of packages in accordance with the 
HMR. PHMSA has identified approvals that have an established safety 
record to incorporate into the HMR. The approvals PHMSA identified for 
conversion into the HMR have an established safety record and warrant 
incorporation into regulations of broader applicability. Converting 
these approvals into regulations reduces paperwork burdens and 
facilitates commerce while maintaining an acceptable level of safety. A 
copy of each approval must be maintained at each facility where a 
packaging is

[[Page 64452]]

manufactured under this approval. The incorporation of component 
authority approval eliminates the renewal and maintenance requirements 
that were previously required. Additionally, adoption of approvals as 
rules of general applicability provides wider access to the benefits 
and regulatory flexibility of the provisions granted in the approvals. 
Factors that influence whether a specific approval is a candidate for 
regulatory action include: the safety record, whether broadly 
applicable, related rulemakings, and agency priorities.

III. Overview of Proposed Amendments

    In this NPRM, PHMSA is proposing to revise the HMR by providing:

Special Permits

     DOT-SP 9275--Authorization for the transportation in 
commerce of certain limited quantities of liquids and solids containing 
ethyl alcohol and exempt these shipments from the provisions of the 
HMR.
     DOT-SP 11263--Authorization for the transportation of 
Class 9 solid coal pitch compounds in non-specification open-top or 
closed-top sift proof metal cans or fiber drums.
     DOT-SP 11836--Authorization for the transportation in 
commerce of UN1H1 and UN6HA1 drums containing ammonia solutions that do 
not meet certain requirements contained in Sec. Sec.  173.24 and 
173.24a.
     DOT-SP 13124--Authorizations for the transportation of 
ammonia solutions in UN1H1 and UN6HA1 drums by private or contract 
carrier.
     DOT-SP 12134--Authorization of exceptions for spent 
bleaching earth (Division 4.2 PG III).
     DOT-SP 12825--Authorization for the transportation of 
Life-saving appliances, self inflating, that contain non-specification 
steel cylinders between a vessel and an authorized facility for 
servicing.
     DOT-SP 14479--Authorization for the use of alternative 
shipping names and marking requirements for regulated medical wastes.
     Special Permits for Harmonization with the ``FAA 
Modernization and Reform Act of 2012''--PHMSA is adding an exception to 
the HMR for Oxygen cylinders and other Oxidizing cylinders transported 
aboard aircraft within the state of Alaska. This language will make 
several existing special permits no longer necessary. This includes the 
following special permits: 14903, 14908, 15062, 15075, 15076, 15077, 
15078, 15079, 15092, 15094, 15095, and 15143.

Approvals

     CA2005120010--Authorization to manufacture, mark, and sell 
UN4G combination packagings with outer fiberboard boxes and with inner 
fiberboard components that have basis weights that vary by not more 
than plus or minus 5% from the measured basis weight in the initial 
design qualification test report.
     CA20060660005--Authorization to manufacture, mark, and 
sell UN5M1 and UN5M2 multi-wall paper bags with individual paper wall 
basis weights that vary by plus or minus 5% from the nominal basis 
weights reported in the initial design qualification test report.
     CA2006060006--Authorization to manufacture, mark, and sell 
UN4G combination packagings with outer fiberboard components that have 
individual containerboard basis weights that vary by plus or minus 5% 
from the nominal basis weight reported in the initial design.
     CA2006010012--Authorization to manufacture, mark, and sell 
UN4G combination packagings with outer fiberboard boxes and with inner 
fiberboard components that have individual containerboard basis weight 
that vary by plus or minus 5% from the nominal basis weight reported in 
the initial design qualification test report.

Revision to Approvals Renewals

     PHMSA is proposing to revise this section to allow for 
approval holders applying for a timely renewal to continue using their 
approval after the expiration date if they apply within 60 days of the 
expiration dates.

IV. Summary Review of Amendments

A. Limited Quantities of Liquids and Solids Containing Ethyl Alcohol

    DOT-SP 9275 authorized the transportation in commerce of certain 
limited quantities of liquids and solids containing ethyl alcohol and 
exempts these shipments from the provisions of HMR. This special permit 
has been in effect since at least 1985 and had been utilized by 
hundreds of companies. However, on August 18, 2011 PHMSA found that SP 
9275 did not provide a level of safety at least equivalent to the HMR 
due to the lack of hazard communications markings. PHMSA issued a 
revised version of SP 9275 to address the lack of hazard communication 
markings on August 18, 2011.
    This rulemaking also will address two petitions for rulemaking 
related to SP 9275. A petition from the Association of Hazmat Shippers 
(AHS) (P-1574) requests PHMSA to incorporate the provisions of SP 9275. 
A petition for rulemaking was also received from the Council on Safe 
Transportation of Hazardous Articles (COSTHA) (P-1585) to incorporate 
SP 9275. COSTHA and the AHS noted that SP 9275 has been in existence 
for 30 years with little evidence of incidents involving the packaging, 
shipment, or operations conducted under the SP. Both of these petitions 
were supportive of incorporating the provisions of SP 9275 into the 
HMR.
    Therefore, PHMSA is proposing to incorporate the terms of SP 9275 
as revised on August 18, 2011. PHMSA is proposing to allow certain 
limited quantities of ethyl alcohol to be exempted from the applicable 
provisions of the HMR provided that the outer packagings are marked 
with hazard communication information identifying the company name and 
the words ``Contains Ethyl Alcohol.'' PHMSA is proposing to add Sec.  
173.151(g) to allow for the shipment of limited quantities of ethyl 
alcohol provided they meet the prescribed conditions.

B. Transportation of Solid Coal Tar Pitch Compounds

    DOT-SP 11263 authorizes the transportation of solid coal tar pitch 
compounds, Class 9, in open-top and closed-top sift-proof metal cans or 
fiber drums. The special permit has been in effect since 1994 and has 
been utilized by 5 holders with an acceptable safety performance. In 
addition, PHMSA has no reported incidents over the past 10 years 
involving this special permit.
    PHMSA proposes to incorporate the terms of DOT-SP 11263 into the 
HMR by amending the entry in Sec.  172.101, The Hazardous Materials 
Table (HMT), for Environmentally hazardous substances, solids, n.o.s., 
UN 3077, by adding a new Special Provision N91 in Column 7. In 
addition, in Sec.  172.102 new Special Provision N91 would be added in 
appropriate sequence specifically authorizing the use of a non-DOT 
specification sift-proof, non-bulk, metal can with or without lid, or a 
non-DOT specification sift-proof, non-bulk fiber drum, with or without 
lid. The fiber drum would be required to be fabricated with a three ply 
wall, as a minimum. The coal tar pitch compound must remain in a solid 
mass during transportation.

C. Transportation of Certain Ammonia Solutions in UN1H1 Drums, UN3H1 
Jerricans, and UN6HA1 Composite Packagings

    DOT-SP 11836 authorizes the transportation of specific ammonia 
solutions in specification UN1H1

[[Page 64453]]

drums, UN3H1 jerricans, and UN6HA1 composite packagings that do not 
meet the provisions in Sec. Sec.  173.24 and 173.24a. Specific 
operational controls are required in lieu of compliance with these two 
requirements. This special permit has been in effect since 1997 and has 
been utilized by at least 61 holders with an acceptable safety 
performance. In addition, PHMSA has no reported incidents over the past 
10 years involving this special permit.
    PHMSA proposes to incorporate the terms of DOT-SP 11836 into the 
HMR by amending the entry in the HMT for Ammonia solutions, relative 
density between 0.880 and 0.957 at 15 degrees C in water, with more 
than 10 percent but not more than 35 percent ammonia, UN 2672, by 
adding a new Special Provision 336 in Column 7. In addition, in Sec.  
172.102 new Special Provision 336 would be added in appropriate 
sequence specifically authorizing the use of DOT UN1H1drums, UN3H1 
jerricans, and UN6HA1 composite packagings which meet the requirements 
of Part 178 of the HMR at the Packing Group I or II performance level 
except that the packagings do not meet the venting requirements in 
Sec.  173.24(g) and the hydrostatic pressure test marking specified in 
Sec.  173.24a(b)(4). Transportation of these packages would also 
require the door of each van trailer to be marked with ``Warning 
trailer may contain chemical vapor. Do not enter until vapors have 
dissipated.'' The driver of the transport vehicle and the consignee(s) 
must be trained not to enter the transport vehicle until the ammonia 
vapors have dissipated, and the emergency response paper must indicate 
that the vehicle may contain ammonia vapors.

D. Transportation of Spent Bleaching Earth

    DOT-SP 12134 authorizes the transportation of spent bleaching earth 
as a Division 4.2, solid, PG III, exempt from the provisions of the 
HMR, except as specifically required by the special permit. Packagings 
authorized under the special permit are non-specification, sift-proof 
dump or hopper type vehicles, and sift-proof roll-on/roll-off bulk 
bins. All authorized packaging must be covered by a tarpaulin, metal 
cover, or equivalent means during transportation. The special permit 
also includes specific operational controls, including: The temperature 
of the spent bleaching earth may not exceed 55 [deg]C at the time it is 
offered for transportation and any time during transportation; drivers 
must be specifically trained in handling and responding to emergency 
incidents involving the spent bleaching earth; and transport vehicles 
must be marked in accordance with Sec.  172.302(a). This special permit 
has been in effect since 1999 and has been utilized by at least 27 
holders with an acceptable safety performance. In addition, PHMSA has 
no reported incidents over the past 10 years involving this special 
permit.
    PHMSA proposes to incorporate the terms of DOT-SP 12134 into the 
HMR by amending the entry in the HMT for self-heating solid, organic, 
n.o.s. (spent bleaching earth), UN 3088, by adding a new Special 
Provision, B116 in Column 7. In addition, in Sec.  172.102 new Special 
Provision B116 would be added in appropriate sequence specifically 
authorizing the use of non specification, sift-proof dump or hopper 
type motor vehicles, and sift-proof roll-on/roll-off bulk bins, which 
must be covered by a tarpaulin, metal cover, or equivalent means. The 
material would also be subject to operational controls including not 
exceeding a temperature of 55 [deg]C (130[emsp14][deg]F) during 
transportation, not exceeding a transportation time of 24 hours, and 
drivers transporting spent bleaching earth must be trained in the 
properties and hazards of the spent bleaching earth and the actions 
required to mitigate the self-heating properties of the material that 
may occur during the transportation.

E. Requalification of Non-DOT Specification Cylinders in Life-Saving 
Appliances

    DOT-SP 12825 authorizes the transportation of life-saving 
appliances, self inflating, that contain non-DOT specification steel 
cylinders for the purpose of movement between a vessel and a U.S. Coast 
Guard approved inflatable life raft servicing facility in conjunction 
with the servicing of such life-saving appliances. Specific operational 
controls are specified. This special permit has been in effect since 
2001 and has been utilized by at least 54 holders with acceptable 
safety performance. In addition, PHMSA has no reported incidents since 
2001 involving this special permit.
    PHMSA proposes to incorporate the terms of DOT-SP 12825 into the 
HMR by revising the entry in the HMT for Life-saving appliances, self 
inflating, UN 2990, by adding a new Special Provision 338 in Column 7. 
In addition, in Sec.  172.102, new Special Provision 338 would be added 
in appropriate sequence requiring that Life-saving appliances, self 
inflating, UN 2990 being shipped between a vessel and a U.S. Coast 
Guard approved life raft servicing facility only be subject to the 
requirements of this special provision. A material meeting the 
requirements of the special provision would not otherwise be subject to 
the HMR.

F. Use of Regulated Medical Waste Containers Displaying Alternative 
Markings

    DOT-SP 14479 authorizes the continued use of regulated medical 
waste containers manufactured before October 1, 2006 and marked with an 
alternative shipping name for UN 3291 and orientation arrows that 
deviate from prescribed specifications. This special permit has been in 
effect since 2007 and has been utilized by at least 22 holders. In 
addition, PHMSA has no reported incidents since 2007 involving this 
special permit.
    PHMSA proposes to incorporate the terms of DOT-SP 14479 into the 
HMR by amending the entry in the HMT for Regulated Medical Waste, 
n.o.s., UN 3088, by adding a new Special Provision, 337 in Column 7. 
Special Provision 337 would allow for the use of regulated waste 
containers marked with the alternative shipping name of Regulated 
medical waste, UN 3291 and orientation arrows that deviate from the 
prescribed specifications in Sec.  172.312(a)(2).

G. Incorporation of Oxygen Generator Special Permits To Harmonize With 
FAA Modernization and Reform Act of 2012

    Section 824 of the FAA Modernization and Reform Act of 2012 
includes a provision that allows for exceptions for cylinders of 
compressed oxygen or other oxidizing gases transported in the State of 
Alaska aboard aircraft. By incorporating this statutory exception into 
the HMR, PHMSA believes that following special permits will no longer 
be necessary: 14903, 14908, 15062, 15075, 15076, 15077, 15078, 15079, 
15092, 15094, 15095, and 15143. These special permits all provided 
exceptions for the transportation of Oxygen and other Division 2.2 
Oxidizing gases for transportation aboard aircraft in the state of 
Alaska. PHSMA proposes to incorporate the terms of these special 
permits in Sec.  175.34.

H. Competent Authority CA2005120010 for Approval of Equivalent 
Packagings

    This approval authorizes the manufacturing, marking, and selling of 
UN4G combination packagings with outer fiberboard boxes and with inner 
fiberboard components that have basis weights that vary by not more 
than plus or minus 5% from the measured basis weight in the initial 
design qualification test report. This approval was issued in 2009 and 
has demonstrated an

[[Page 64454]]

acceptable safety performance. PHMSA has no reported incidents 
involving this approval. PHMSA proposes to incorporate the terms of 
CA2005120010 into the HMR in Sec.  178.516(b)(7).

I. Competent Authority CA2006060005 for Approval of Equivalent 
Packagings

    This approval authorizes the manufacture, mark, and sale of UN5M1 
and UN5M2 multi-wall paper bags with individual paper wall basis 
weights that vary by not more than plus or minus 5% from the nominal 
basis weights reported in the initial design qualification test report. 
This approval was issued in 2009 and has demonstrated an acceptable 
safety performance. PHMSA has no reported incidents involving this 
approval. PHMSA proposes to incorporate the terms of CA2006060005 in 
Sec.  178.521(b)(4).

J. Competent Authority CA2006060006 for Approval of Equivalent 
Packagings

    This approval authorizes the manufacture, mark, and sale of UN4G 
combination packagings with outer fiberboard components that have 
individual containerboard basis weights that vary by not more than plus 
or minus 5% from the nominal basis weight reported in the initial 
design. This approval was issued in 2009 and has demonstrated an 
acceptable safety performance. PHMSA has no reported incidents 
involving this approval. PHMSA proposes to incorporate the terms of 
CA2006060006 in Sec.  178.516(b)(7).

K. Competent Authority CA2006010012 for Approval of Equivalent 
Packagings

    This competent authority authorizes the manufacture, mark, and sale 
of UN4G combination packagings with outer fiberboard boxes and with 
inner fiberboard components that have individual containerboard basis 
weight that vary by not more than plus or minus 5% from the nominal 
basis weight reported in the initial design qualification test report. 
This approval was issued in 2006 and has demonstrated an acceptable 
safety performance. PHMSA has no reported incidents involving this 
approval. PHMSA proposes to incorporate the terms of CA2006010012 in 
Sec.  178.516(b)(7).

L. Revision of Sec.  107.709 for Renewing Approvals

    PHMSA is proposing to revise this section to allow approval holders 
applying for a renewal to continue using their approval after the 
expiration date if they apply at least 60 days before the expiration 
date. PHMSA received a petition (P-1571) from Lawrence Bierlein that 
requested this change. This petition was accepted and HMR language is 
being proposed.

V. Rulemaking Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This NPRM is published under the authority of 49 U.S.C. 5103(b) 
which authorizes the Secretary to prescribe regulations for the safe 
transportation, including security, of hazardous material in 
intrastate, interstate, and foreign commerce. 49 U.S.C. 5117(a) 
authorizes the Secretary of Transportation to issue a special permit 
from a regulation prescribed in 5103(b), 5104, 5110, or 5112 of the 
Federal Hazardous Materials Transportation Law to a person 
transporting, or causing to be transported, hazardous material in a way 
that achieves a safety level at least equal to the safety level 
required under the law, or consistent with the public interest, if a 
required safety level does not exist. The proposed rule would amend the 
regulations by incorporating provisions from certain widely used and 
longstanding special permits that have established a history of safety 
and which may, therefore, be converted into the regulations for general 
use.

B. Executive Order 12866, 13563, and DOT Regulatory Policies and 
Procedures

    This proposed rule is considered a non-significant regulatory 
action under section 3(f) and was reviewed by the Office of Management 
and Budget (OMB). The proposed rule is considered a non-significant 
rule under the Regulatory Policies and Procedures order issued by the 
Department of Transportation [44 FR 11034]. Executive Order 13563 is 
supplemental to and reaffirms the principles, structures, and 
definitions governing regulatory review that were established in 
Executive Order 12866 Regulatory Planning and Review of September 30, 
1993. By building off of each other, these two Executive Orders 12866 
and 13563 require agencies to regulate in the ``most cost-effective 
manner,'' to make a ``reasoned determination that the benefits of the 
intended regulation justify its costs,'' and to develop regulations 
that ``impose the least burden on society.''
    In this notice, PHMSA proposes to amend the HMR to incorporate 
alternatives this agency has permitted under widely used and 
longstanding special permits and approvals with established safety 
records that we have determined meet the safety criteria for inclusion 
in the HMR. Incorporation of these special permits and approvals into 
regulations of general applicability will provide shippers and carriers 
with additional flexibility to comply with established safety 
requirements, thereby reducing transportation costs and increasing 
productivity. In addition, the proposed rule would reduce the paperwork 
burden on industry and this agency resulting from putting an end to the 
need for renewal applications for special permits. Taken together, the 
provisions of this proposed rule would promote the continued safe 
transportation of hazardous materials while reducing transportation 
costs for the industry and administrative costs for the agency.
    The impact of this proposed rule is presumed to be minor as no new 
costs will be imposed upon any stakeholders and those that currently 
hold special permits and CAs will find some relief from regulatory 
review for current practices. This proposed rule would make provisions 
that are currently approved in certain special permits available to all 
businesses operating in the U.S. without needing to submit party-to 
special permit applications to PHMSA, and current permit holders will 
no longer need renewals. Over the past decade, approximately 464 
companies have applied for and/or renewed the special permits included 
in this proposal. Many of these special permits have had positive 
economic impacts by allowing companies to be excepted from requirements 
in the HMR when shipping certain quantities/types of materials or by 
allowing the use of less expensive non-specification packages when 
certain provisions are met. It is difficult to quantify the savings 
these special permits have allowed, but it should be noted that these 
savings would be extended to other firms that would make use of the 
provisions once adopted into regulations. PHMSA calculates that this 
rulemaking would result in a paperwork reduction that, on average, 
saves each applicant $39.50. PHMSA estimates that over a 10-year period 
there will be an estimated benefit total totaling $18,328 affecting 
approximately 140 entities. In accordance with the Federal hazardous 
materials law (49 U.S.C. 5101 et seq.), initial issuances of special 
permits are for two years and can be renewed for four years thereafter. 
Thus, over 10 years, a special permit would on average be renewed twice 
for a total benefit of between $43,000 and $47,000. These figures are 
discounted annually by 3 and 7 percent to reflect the time value of 
money.
    This Notice also proposes to incorporate four approvals into the 
HMR. This would allow manufacturers

[[Page 64455]]

of affected hazardous materials packaging to continue manufacturing 
packages without the need to renew their approvals. Incorporation of 
the four approvals would result in a one-time total economic benefit of 
$158. The renewal cycle for approvals can vary based on the applicant 
needs and regulatory authority, but are typically renewed every five 
years. At both 3 and 7 percent annual discount, this yields over $270 
in benefits. Total benefits represent a small but positive sum (between 
$46,000 and $52,000) over 10 years affecting approximately 140 
entities.

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 governments. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply. Federal hazardous 
material transportation law, 49 U.S.C. 5101-5128, contains an express 
preemption provision (49 U.S.C. 5125(b)) preempting state, local and 
Indian tribe requirements on certain covered subjects. Covered subjects 
are:
    (1) The designation, description, and classification of hazardous 
materials;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous materials and requirements related to the number, 
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous materials; or
    (5) The designing, manufacturing, fabricating, inspecting, marking, 
maintaining, reconditioning, repairing, or testing a package, container 
or packaging component that is represented, marked, certified, or sold 
as qualified for use in transporting hazardous material in commerce.
    This proposed rule addresses covered subject items (2), (3), and 
(5) and would preempt any State, local, or Indian tribe requirements 
not meeting the ``substantively the same'' standard. Federal hazardous 
materials transportation law provides at 49 U.S.C. 5125(b)(2) that if 
PHMSA issues a regulation concerning any of the covered subjects, PHMSA 
must determine and publish in the Federal Register the effective date 
of Federal preemption. The effective date may not be earlier than the 
90th day following the date of issuance of the final rule and not later 
than two years after the date of issuance. PHMSA proposes the effective 
date of federal preemption will be 90 days from publication of the 
final rule in this matter in the Federal Register.

D. Executive Order 13175

    This proposed rule was 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.

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities. 
An agency must conduct a regulatory flexibility analysis unless it 
determines and certifies that a rule is not expected to have a 
significant impact on a substantial number of small entities. This 
proposed rule incorporates into the HMR certain widely used special 
permits. Incorporation of these special permits into regulations of 
general applicability will provide shippers and carriers with 
additional flexibility to comply with established safety requirements, 
thereby reducing transportation costs and increasing productivity. 
Entities affected by the proposed rule conceivably include all 
persons--shippers, carriers, and others--who offer and/or transport in 
commerce hazardous materials. The specific focus of the rule is on the 
incorporation of special permits into the HMR. In a review of the 
companies using the identified special permits, PHMSA identified a 
combination of small and large businesses that would be affected 
positively by this rulemaking. For example, the proposed rulemaking 
excepts certain shipments from the specific documentation requirements 
of the HMR; these exceptions will increase shipping options and reduce 
shipment costs. Overall, this proposed rule should reduce the 
compliance burden on the regulated industries, such as small businesses 
that dispose of medical waste, transporters of limited quantities of 
ethyl alcohol, and airlines transporting oxygen generators, without 
compromising transportation safety and should provide a slight positive 
economic benefit (i.e., reduced compliance burden) for those small 
entities. Therefore, we certify that this proposed rulemaking will not 
have a significant economic impact on a substantial number of small 
entities. For example, special permit 9275 will no longer require 
businesses to apply for a special permit in order to ship common retail 
items such as cosmetics that would normally be shipped as a class 3 
material.
    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

    PHMSA has an approved information collection under OMB Control 
Number 2137-0051, ``Rulemaking, Special Permits, and Preemption 
Requirements.'' This NPRM may result in a decrease in the annual burden 
and costs under this information collection due to proposed changes to 
incorporate provisions contained in certain widely used or longstanding 
special permits that have an established safety record.
    Under the Paperwork Reduction Act of 1995, no person is required to 
respond to an information collection unless it has been approved by OMB 
and displays a valid OMB control number. Section 1320.8(d), title 5, 
Code of Federal Regulations requires that PHMSA provide interested 
members of the public and affected agencies an opportunity to comment 
on information and recordkeeping requests.
    This proposed rule identifies a revised information collection 
request that PHMSA will submit to OMB for approval based on the 
requirements in this proposed rule. PHMSA has developed burden 
estimates to reflect changes in this proposed rule. PHMSA estimates 
that the information collection and recordkeeping burden of this 
proposed rule is as follows:
    OMB Control No. 2137-0051:
    Net Decrease in Annual Number of Respondents: 434.
    Net Decrease in Annual Responses: 434.
    Net Decrease in Annual Burden Hours: 434.
    Net Decrease in Annual Burden Costs: $17,143.

[[Page 64456]]

    PHMSA specifically requests comments on the information collection 
and recordkeeping burdens associated with developing, implementing, and 
maintaining these requirements for approval under this proposed rule.
    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., Washington, DC 20590-0001, 
Telephone (202) 366-8553.
    Address written comments to the Dockets Unit as identified in the 
ADDRESSES section of this rulemaking. We must receive comments 
regarding information collection burdens prior to the close of the 
comment period identified in the DATES section of this rulemaking. In 
addition, you may submit comments specifically related to the 
information collection burden to the PHMSA Desk Officer, Office of 
Management and Budget, at fax number (202) 395-6974.

G. Regulation Identifier Number (RIN)

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

H. Unfunded Mandates Reform Act of 1995

    This proposed rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$141.3 million or more to either state, local or tribal governments, in 
the aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objective of the rule.

I. Environmental Assessment

    The National Environmental Policy Act, 42 U.S.C. 4321-4375, 
requires that federal agencies analyze proposed actions to determine 
whether the action will have a significant impact on the human 
environment. The Council on Environmental Quality (CEQ) regulations 
requires 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. 40 CFR 1508.9(b).
The Need for the Proposed Action
    This Notice proposes to allow transportation of the following 
hazardous materials and packages in ways that vary from certain other 
provisions in the HMR: UN 3291 medical waste, non-DOT specification 
steel cylinders for use in life-saving appliances, limited quantities 
of liquids and solids containing ethyl alcohol, UN3077 coal tar pitch 
compounds, UN 3088 spent bleaching earth, UN 2672 ammonia solutions, 
and compressed gases with a subsidiary hazard of 5.1. These hazardous 
materials are capable of affecting human health and the environment if 
a release were to occur. However, incorporation of these special 
permits maintains an equivalent level of safety as provided in the 
special permits. These special permits have a long history of 
transporting the above mentioned hazardous materials safely and without 
any effects on the environment. Therefore, we do not anticipate any 
significant positive or negative impacts on the environment by 
incorporating these special permits into the HMR.
    The need for hazardous materials to support essential services 
means transportation of highly hazardous materials is unavoidable. 
However, these shipments frequently move through densely populated or 
environmentally sensitive areas where the consequences of an incident 
could be loss of life, serious injury, or significant environmental 
damage. The ecosystems that also could be affected by a hazardous 
materials release during transportation include atmospheric, aquatic, 
terrestrial, and vegetal resources (for example, wildlife habitats). 
The adverse environmental impacts associated with releases of most 
hazardous materials are short-term impacts that can be greatly reduced 
or eliminated through prompt clean-up of the incident scene.
    In all modes of transport, the potential for environmental damage 
or contamination exists when packages of hazardous materials are 
involved in transportation incidents. The special permits and approvals 
being proposed for incorporating into the HMR have consistently 
demonstrated a long history of safe use. In its review of these special 
permits and approval, PHMSA did not identify any incidents that had a 
significant effect on the environment.
Alternatives to the Proposed Action
    The purpose and need of this rulemaking is to incorporate widely 
used special permits or those with an established safety record into 
the HMR for universal use. More information about benefits of this 
final rulemaking action can be found in the preamble (i.e., ``Overview 
of Proposed Amendments) to this rulemaking. The alternatives considered 
in the analysis include (1) the proposed action, that is, incorporation 
of the proposed special permits as amendments to the HMR; (2) 
incorporation of some subset of the proposed special permits (i.e., 
only some of the proposed special permits) as amendments to the HMR; 
and (3) the ``no action'' alternative, meaning that none of the 
proposed special permits would be incorporated into the HMR.
Analysis of the Alternatives
(1) Incorporate All Special Permits
    There are no significant environmental impacts associated with the 
proposals in this NPRM. We are proposing clarifications and changes to 
certain HMR requirements to include methods for packaging, describing, 
and transporting hazardous materials that are currently permitted under 
widely used special permits with established safety records for 
inclusion in the HMR. The process through which safety permits are 
issued requires the applicant to demonstrate that the alternative 
transportation method or packaging proposed provides an equivalent 
level of safety as that provided in the HMR. Implicit in this process 
is that the special permit must provide an equivalent level of 
environmental protection as that provided in the HMR. Thus, 
incorporation of the special permits as regulations of general 
applicability maintain the existing environmental protections built 
into the HMR.
(2) Incorporation of a Subset of Special Permits
    Same as alternative 1.
(3) No Action
    If no action is taken then Special Permits will continue to be 
issued resulting in no change to the current potential affects to the 
environment.
Comments From Agencies and Public
    PHMSA solicits comments about potential environmental impacts 
associated with this rulemaking from other agencies, stakeholders, and 
citizens.

J. Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the

[[Page 64457]]

comment (or signing the comment, if submitted on behalf of an 
association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70, pages 19477-78), or at http://www.regulations.gov.

K. Executive Order 13609 and International Trade Analysis

    Under E.O. 13609, agencies must consider whether the impacts 
associated with significant variations between domestic and 
international regulatory approaches are unnecessary or may impair the 
ability of American business to export and compete internationally. In 
meeting shared challenges involving health, safety, labor, security, 
environmental, and other issues, international regulatory cooperation 
can identify approaches that are at least as protective as those that 
are or would be adopted in the absence of such cooperation. 
International regulatory cooperation can also reduce, eliminate, or 
prevent unnecessary differences in regulatory requirements.
    Similarly, 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. For purposes of these requirements, 
Federal agencies may participate in the establishment of international 
standards, so long as the standards have a legitimate domestic 
objective, such as providing for safety, and do not operate to exclude 
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 participates in the establishment of international standards 
in order to protect the safety of the American public, and we have 
assessed the effects of the proposed rule to ensure that it does not 
cause unnecessary obstacles to foreign trade. Accordingly, this 
rulemaking is consistent with E.O. 13609 and PHMSA's obligations.

List of Subjects

49 CFR Part 107

    Administrative practice and procedure, Hazardous materials 
transportation, Penalties, 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, Packaging and containers, 
Radioactive materials, Reporting and recordkeeping requirements, 
Uranium.

49 CFR Part 175

    Hazardous materials transportation, Air carriers, Incorporation by 
reference, Radioactive materials, Reporting and recordkeeping 
requirements.

49 CFR Part 178

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

    In consideration of the foregoing, we are proposing to 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 Sec.  107.709, paragraph (g) is added to read as follows:


Sec.  107.709  Processing of an application for approval, including an 
application for renewal or modification.

* * * * *
    (g) If, at least 60 days before an existing approval expires the 
holder files an application for renewal that is complete and conforms 
to the requirements of this section, the approval will not expire until 
final administrative action on the application for renewal has been 
taken.

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

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

    Authority:  49 U.S.C. 5101-5128; 44701; 49 CFR 1.53.

    4. In Sec.  172.101, in the Hazardous Materials Table, the 
following entries are revised:


Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *

[[Page 64458]]



                                                                                                Sec.   172.101 Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
            Hazardous                                                                                                  (8) Packaging (Sec.   173.***)           (9) Quantity limitations (see       (10) Vessel stowage
            materials                                                                            Special      ------------------------------------------------     Sec.  Sec.   173.27 and    -----------------------------
Symbols   descriptions    Hazard class or   Identification        PG          Label Codes    provisions (Sec.                                                 -------------175.75)------------
           and proper         division           Nos.                                            172.102)         Exception       Non-bulk          Bulk          Passenger    Cargo aircraft     Location        Other
         shipping names                                                                                                                                         aircraft/rail       only
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(1)      (2)...........  (3)..............           (4)    (5)...........  (6)...........  (7)..............  (8A)..........  (8B)..........  (8C)..........  (9A)..........  (9B)..........  (10A)........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
         Ammonia         8................        UN2672    III...........  8.............  336, IB3, IP8,     154...........  203...........  241...........  5L............  60L...........  A............  40, 52, 85
          solutions,                                                                         T7, TP1.
          relative
          density
          between 0.880
          and 0.957 at
          15 degrees C
          in water,
          with more
          than 10
          percent but
          not more than
          35 percent
          ammonia.
 
                                                                                                              * * * * * * *
         Environmentall  9................        UN3077    III...........  9.............  8, 146, A11, B54,  155...........  213...........  240...........  No Limit......  No Limit......  A............  .............
          y hazardous                                                                        IB8, IP3, N20,
          substances,                                                                        T1, TP33, N91.
          solid, n.o.s..
 
                                                                                                              * * * * * * *
         Life-saving     9................        UN2990    ..............  None..........  338..............  None..........  219...........  None..........  No limit......  No limit......  A............  .............
          appliances,
          self
          inflating.
 

[[Page 64459]]

 
                                                                                                              * * * * * * *
         Regulated       6.2..............        UN3291    II............  6.2...........  41, A13, 337.....  134...........  197...........  197...........  No limit......  No limit......  B............  40
          medical
          waste, n.o.s.
          or Clinical
          waste,
          unspecified,
          n.o.s. or
          (BIO) Medical
          waste,
          n.o.s., or
          Biomedical
          waste, n.o.s.
          or Medical
          waste, n.o.s..
 
                                                                                                              * * * * * * *
         Self-heating    4.2..............        UN3088    III...........  4.2...........  IB6, IP2, B116,    None..........  212...........  241...........  15kg..........  50kg..........  C............  .............
          solid,                                                                             N91, T3, TP33.
          organic,
          n.o.s..
 
                                                                                                              * * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 64460]]

* * * * *
    5. In Sec.  172.102:
    a. In paragraph (c)(1), special provisions 336, 337, and 338 are 
added;
    b. In paragraph (c)(3), special provision B116 is added; and
    c. In paragraph (c)(5), special provision N91 is added.
    The additions read as follows:


Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *

Code/Special Provisions

* * * * *
    336 The use of UN1H1 drums, UN3H1 jerricans, and UN6HA1 composite 
packagings which meet the requirements of Part 178 of the HMR at the 
Packing Group I or II performance level except that the packagings are 
not required to meet the venting requirements in Sec.  173.24(g) and 
the hydrostatic pressure test marking specified in Sec.  173.24a(b)(4) 
is required. Shipment of packages under this special provision must be 
made by private or contract motor carrier. Transportation of these 
packages also requires the door of each van trailer to be marked with 
``Warning trailer may contain chemical vapor. Do not enter until vapors 
have dissipated.'' The driver of the transport vehicle and the 
consignee(s) must be trained not to enter the transport vehicle until 
the ammonia vapors have dissipated, and the emergency response paper 
must indicate that the vehicle contains ammonia vapors. Transport 
vehicles must be vented to prevent accumulation of vapors at a 
poisonous or flammable concentration.
    337 Authorizes the use of regulated waste containers marked with 
the alternative shipping name of Regulated medical waste, UN3291 and 
orientation arrows that deviate from the prescribed specifications in 
Sec.  172.312(a)(2).
    338 Life Saving appliances, self inflating, transported between a 
U.S. Coast Guard approved inflatable life raft servicing facility and a 
vessel are only subject to the following requirements:
    a. Prior to repacking into the life-saving appliance, an installed 
inflation cylinder must successfully meet and pass all inspection and 
test criteria and standards of the raft manufacturer and the vessel 
Flag State requirements for cylinders installed as part of life-saving 
appliances, self inflation (UN2990) used on marine vessels. 
Additionally each cylinder must be visually inspected in accordance 
with CGA pamphlet, CGA C-6. A current copy of CGA pamphlet, CGA C-6 
must be available at the facility servicing the life-saving appliance.
    b. An installed inflation cylinder that requires recharging must be 
filled in accordance with Sec.  173.301(l).
    c. Every installed inflation cylinder, as associated equipment of 
the life-saving appliance, must be packed within the protective 
packaging of the life raft and the life raft itself must otherwise be 
in compliance with Sec.  173.219.
    d. The serial number for each cylinder must be recorded as part of 
the life-saving appliance service record by the U.S. Coast Guard-
approved servicing facility.
* * * * *
    (3) * * *
    B116 The use of non specification, sift-proof dump or hopper type 
vehicles, and sift-proof roll-on/roll-off bulk bins, which must be 
covered by a tarpaulin, metal cover, or equivalent means is authorized 
for the transportation of spent bleaching earth by motor vehicle. The 
material is also subject to operational controls which include not 
exceeding a temperature of 55 [deg]C (130 [deg]F) at the time it is 
offered or during transportation, not exceeding a transportation time 
of 24 hours, and drivers transporting spent bleaching earth must be 
trained in the properties and hazards of the spent bleaching earth.
* * * * *
    (5) * * *
    N91 The use of a non specification sift-proof, non-bulk, metal can 
with or without lid, or a non specification sift-proof, non-bulk fiber 
drum, with or without lid is authorized when transporting coal tar 
pitch compounds by motor vehicle or rail freight. The fiber drum must 
to be fabricated with a three ply wall, as a minimum. The coal tar 
pitch compound must be in a solid mass during transportation.
* * * * *

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

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

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.

    7. In Sec.  173.151, paragraph (g) is added to read as follows.


Sec.  173.150  Exceptions for Class 3 (flammable and combustible 
liquids).

* * * * *
    (g) Limited quantities of ethyl alcohol. (1) Consumer products 
containing not more than 70% ethyl alcohol are excepted from the HMR 
provided that:
    (i) For non-glass inner packagings the volume cannot exceed 1 
gallon in capacity;
    (ii) For glass inner packagings the volume cannot exceed 16 ounces 
in capacity;
    (iii) The net liquid contents of all inner packagings in any single 
outer packaging may not exceed 192 fluid ounces. The net solid contents 
of all inner packagings in any single outer packaging may not exceed 32 
pounds. The gross weight of any single outer package shipped may not 
exceed 65 pounds; and
    (iv) Packages must be marked with the company name and the words 
``Contains Ethyl Alcohol'';
    (2) Consumer products containing more than 70% ethyl alcohol are 
excepted from the HMR provided that:
    (i) For inner packagings the volume cannot exceed 8 fluid ounces in 
capacity;
    (ii) Solids are not packed in inner packagings exceeding \1/2\ 
pound in weight;
    (iii) The net liquid contents of all inner packagings in any single 
outer packaging may not exceed 192 fluid ounces. The net solid contents 
of all inner packagings in any single outer packaging may not exceed 32 
pounds. The gross weight of any single outer package shipped may not 
exceed 65 pounds; and
    (iv) Packages must be marked with the company name and the words 
``Contains Ethyl Alcohol'';
    (3) For transportation by passenger or cargo aircraft, no outer 
package may be transported which contains an inner packaging exceeding:
    (i) 16 fluid ounces of flammable liquid, or
    (ii) 1 pound of solids containing flammable liquid.

PART 175--CARRIAGE BY AIRCRAFT

    8. The authority citation for part 175 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53.

    9. Add Sec.  175.34 to read as follows:


Sec.  175.34  Exceptions for cylinders of compressed oxygen or other 
oxidizing gases transported within the State of Alaska.

    (a) When transported in the State of Alaska, cylinders of 
compressed oxygen or other oxidizing gases aboard aircraft are excepted 
from all the requirements of Sec.  173.302(f)(3) through (5) and Sec.  
173.304(f)(3) through (5) of this subchapter subject to the following 
conditions:
    (1) Transportation of the cylinders by a ground-based or water-
based mode of

[[Page 64461]]

transportation is unavailable and transportation by aircraft is the 
only practical means for transporting the cylinders to their 
destination;
    (2) Each cylinder is fully covered with a fire or flame resistant 
blanket that is secured in place; and
    (3) The operator of the aircraft complies with the applicable 
notification procedures under Sec.  175.33.
    (b) Aircraft restrictions: This exception only applies to the 
following types of aircraft:
    (1) Cargo-only aircraft transporting the cylinders to a delivery 
destination that receives cargo-only service at least once a week.
    (2) Passenger and cargo-only aircraft transporting the cylinders to 
a delivery destination that does not receive cargo only service once a 
week.

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.

    11. In Sec.  178.516, add paragraph (b)(7) to read as follows:


Sec.  178.516  Standards for fiberboard boxes.

* * * * *
    (b) * * *
    (7) Authorization to manufacture, mark, and sell UN4G combination 
packagings with outer fiberboard boxes and with inner fiberboard 
components that have individual containerboard or paper wall basis 
weights that vary by not more than plus or minus 5% from the nominal 
basis weight reported in the initial design qualification test report.
    12. In Sec.  178.521, add paragraph (b)(4) to read as follows:


Sec.  178.521  Standards for paper bags.

* * * * *
    (b) * * *
    (4) UN5M1 and UN5M2 multi wall paper bags that have paper wall 
basis weights that vary by not more than plus or minus 5% from the 
nominal basis weight reported in the initial design qualification test 
report.

Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2012-25853 Filed 10-19-12; 8:45 am]
BILLING CODE 4910-60-P