[Federal Register Volume 76, Number 139 (Wednesday, July 20, 2011)]
[Rules and Regulations]
[Pages 43509-43532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17687]



[[Page 43509]]

Vol. 76

Wednesday,

No. 139

July 20, 2011

Part V





Department of Transportation





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Pipeline and Hazardous Materials Safety Administration





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49 CFR Parts 107, 171, 172, et al.





Hazardous Materials; Miscellaneous Amendments; Final Rule

Federal Register / Vol. 76 , No. 139 / Wednesday, July 20, 2011 / 
Rules and Regulations

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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: Final rule.

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SUMMARY: PHMSA is amending the Hazardous Materials Regulations to make 
miscellaneous amendments to update and clarify certain regulatory 
requirements. These amendments are intended to: promote safer 
transportation practices; eliminate unnecessary regulatory 
requirements; finalize outstanding petitions for rulemaking; facilitate 
international commerce; and simplify the regulations. PHMSA anticipates 
that the amendments contained in this rule will generate economic 
benefits to the regulated community.

DATES: Effective Date: This final rule is effective on August 19, 2011.
    Voluntary Compliance Date: Voluntary compliance with all these 
amendments, including those with delayed mandatory compliance, is 
authorized as of July 20, 2011.
    Incorporation by Reference Date: The incorporation by reference of 
publications listed in this final rule has been approved by the 
Director of the Federal Register as of August 19, 2011.

FOR FURTHER INFORMATION CONTACT: Deborah L. Boothe, Standards and 
Rulemaking Branch, (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

A. Notice of Proposed Rulemaking (NPRM)

    On September 29, 2010, PHMSA published a Notice of Proposed 
Rulemaking (NPRM) under this docket HM-218F. (74 FR 16135). The NPRM 
proposed amendments to the Hazardous Materials Regulations (HMR; 49 CFR 
parts 171-180) based on PHMSA initiatives and petitions for rulemaking 
submitted in accordance with 49 CFR 106.95. Most of the amendments 
proposed in the NPRM were intended to provide relief to industry by 
eliminating, revising, clarifying, or relaxing regulatory requirements. 
Below we summarize the changes proposed in the September 29, 2010 NPRM:
     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 
Sec. Sec.  173.63 and 177.835).
     Add a requirement for each applicant to a special permit 
under Sec. Sec.  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 Sec.  171.8).
     Revise the Hazardous Materials Table (HMT) to harmonize 
certain entries with international standards (see Sec.  172.101) by 
adding and revising certain proper shipping names. Most significantly, 
we proposed to add 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; revise 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 Sec.  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 Sec.  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 proposed change would 
harmonize the HMR with the current exception in the international 
regulations for these devices.
     Update and clarify various hazard communication 
requirements including: Class 9 label specifications; placard size; IBC 
markings; and Division 6.2 labels.
     Authorize the use of an alternative bend test for DOT 3AA 
and DOT 3AAX steelcylinders.
     Revise Sec.  178.71 to authorize the use of either a proof 
pressure test or volumetric expansion test as described in the ISO 7866 
and 9809 standards.
     Revise Sec.  171.14 transitional provisions to remove 
expired transitional provisions and incorporate certain transitional 
provisions into the specific sections of the HMR.
     Revise provisions in Sec.  173.56(j) to further clarify 
the use of the American Pyrotechnics Association (APA) standard for 
classifying and approving fireworks.
     Revise Sec.  172.404 to provide a labeling exception for 
consolidation bins used to transport hazardous materials by motor 
carrier.
     Revise Sec.  178.345.1 to allow vapors to escape through a 
vent or drain.
     Revise Sec.  178.320 cargo tank wall definition.
     Revise Sec.  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 Sec.  178.347-4 to make a clear distinction between 
``designed to be loaded by vacuum'' and ``built to withstand full 
vacuum.''

B. Commenters

    The comment period for the NPRM closed on November 29, 2010. Eleven 
different commenters provided comments in response to the NPRM. PHMSA 
received comments from the following companies, and organizations:

 United Parcel Service (UPS)
 Worthington Cylinder Corporation (Worthington)
 Veolia Environmental Services
 Institute of Makers of Explosives (IME)
 PPG Industries, Inc.
 Barlen and Associates, Inc.
 Arrowhead Industrial Services USA, Inc.
 New England Fuel Institute
 Stericycle, Inc.
 Truck Trailer Manufacturers Association (TTMA)
 American Trucking Associations (ATA)

II. Provisions Adopted in This Final Rule and Discussion of Comments

    In this section, PHMSA discusses the changes proposed in the NPRM 
and the comments received in response to the NPRM. Based on an 
assessment of the proposed changes and the comments received, PHMSA 
identifies the provisions that are adopted in this final rule. Also, to 
clearly identify the issues addressed in this final rule, PHMSA 
provides the following list of contents for this section:

A. Updated Incorporations by Reference
B. Definition of ``Person''
C. Consolidation Bins
D. Transitional Provisions
E. Reporting Infectious Substances Incidents

[[Page 43511]]

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 Transloading Operations
M. Cylinders
N. Cargo Tanks
O. Permeation Devices
P. Alcoholic Beverage Exception
Q. Special Permits
R. Lab Packs
S. Batteries Containing Sodium or Cells Containing Sodium
T. Additional Issues Addressed in This Rule

A. Updated Incorporations by Reference

    Generally, PHMSA strives to promote consistency by incorporating 
existing consensus standards into the HMR. Through the ``National 
Technology Transfer and Advancement Act of 1996,'' government agencies 
are directed to use voluntary consensus standards. According to the 
Office of Management and Budget (OMB) Circular A-119, ``Federal 
Participation in the Development and Use of Voluntary Consensus 
Standards and in Conformity Assessment Activities,'' government 
agencies must use voluntary consensus standards whenever practical in 
the development of regulations. Agency adoption of industry standards 
promotes productivity and efficiency in government and industry, 
expands opportunities for international trade, conserves resources, 
improves health and safety, and protects the environment.
    PHMSA actively participates in the development and updating of 
consensus standards through representation on more than 20 consensus 
standard bodies. Section 171.7 lists the matters incorporated by 
reference into the HMR. PHMSA regularly reviews updated consensus 
standards and considers their merit for inclusion into the HMR. Below 
we discuss the consensus standards being considered for adoption in 
this final rule.
    In response to a petition for rulemaking (petition number P-1495; 
Docket Number PHMSA-2007-28054) submitted by IME, 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 IME's 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).
    Currently, we reference Bureau of Explosives (BOE) Pamphlets in 
several sections of the HMR that establish general handling and loading 
requirements for the transportation of hazardous materials by rail 
(e.g., Sec. Sec.  174.55(a); 174.101(o)(2)(3); 174.112(c)(3), and 
174.115(b)(3)) (see Sec.  171.7). The 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-Flat-Car 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 Guide 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 AAR, 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 various directions 
during transport (e.g., forward, backward, side-to-side, etc.). 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.
    In the NPRM, PHMSA clearly indicated that updating the 
incorporation by adding reference to these standards promotes safety 
without imposing significant compliance burdens. The standards have a 
well established and documented safety history. Further, adopting the 
standards will enhance the current level of safety achieved under the 
HMR.
    PHMSA received mostly supportive comments. However, PHMSA received 
one comment from the ATA opposing the incorporation by reference of AAR 
Pamphlet 6C into the HMR. ATA stated, ``ATA opposes the incorporation 
by reference of industry standards where such standards are developed 
without the benefit of formal rulemaking and where such standards are 
not provided to the public free of charge. We note that Pamphlet 6C is 
not available to the public but may be ordered from the Association of 
American Railroads for $120.'' ATA further stated that ``PHMSA should 
first publish the text of the standard in the Federal Register and 
solicit comments on it prior to its incorporation into the HMR. In 
addition, PHMSA should ensure that the specific industry standard 
incorporated into the HMR remains available to the regulated community 
free of charge.'' ATA suggested PHMSA make a copy of the standards 
available on its Web site.

[[Page 43512]]

    PHMSA agrees with the commenter that it would be useful for 
everyone to be able to access these documents. To this end, PHMSA 
continues to research appropriate methods to provide matters 
incorporated by reference to the regulated community. For example, on 
March 1, 2011, PHMSA published an advance notice of proposed rulemaking 
(ANPRM) under Docket No. PHMSA-2005-0019 (HM-241), entitled ``Hazardous 
Materials: Adoption of ASME Code Section XII and the National Board 
Inspection Code.'' The ANPRM considers incorporation by reference of 
the ASME's ``Boiler and Pressure Vessel Code, Section XII'' for the 
design, construction, and certification of cargo tank motor vehicles, 
cryogenic portable tanks and multi-unit-tank car tanks (ton tanks) and 
the National Board of Boiler and Pressure Vessel Inspector's (National 
Board) ``National Board Inspection Code'' as it applies to the 
continuing qualification and maintenance of ASME stamped cargo tank 
motor vehicles, portable tanks, and multi-unit-tank car tanks (ton 
tanks) constructed to standards in ASME Section VII or ASME Section XII 
(76 FR 11191). In the ANPRM, PHMSA notified the public of the 
electronic availability of the ASME ``Boiler and Pressure Vessel Code, 
Section XII'' (2010 Edition) and the National Board's ``National Board 
Inspection Code'' (2007 Edition). Further, PHMSA extended the comment 
period for the ANPRM published on December 23, 2010 (75 FR 80765). 
Moving forward, PHMSA will work to make matters incorporated by 
reference available to the public for review, free of charge, during 
open comment periods.
    As for AAR Pamphlet 6C, PHMSA believes that we can and should adopt 
the standard since the standard provides an enhanced level of safety 
without imposing significant compliance burdens. These materials have a 
well-established and documented safety history. As in the case of ASTM 
E290-97a, this is an alternative and this final rule does not mandate 
the use of this standard. Therefore, at this time, we are adopting all 
of the incorporation by references, including the AAR Pamphlet 6C, as 
proposed.

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, PHMSA proposed to revise the definition of 
``person'' in Sec.  171.8 to include packaging manufacturers as well as 
repairers and testers of packaging used for the transportation of 
hazardous materials.
    PHMSA did not receive any comments regarding this amendment; 
therefore, PHMSA adopts this amendment as proposed.

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 Sec.  
172.404(b), a consolidation bin is an outside container and must be 
labeled as required for each of the hazardous materials it contains. 
The 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 suggested that consolidation bins promote 
safety by reducing damage to packages of hazardous materials, improve 
regulatory compliance by ensuring that packages are effectively blocked 
and braced on a vehicle, improve transportation efficiency by 
minimizing handling of numerous small packages, and allow 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 unlabeling 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 packaging 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 Sec.  172.404 to allow a 
motor carrier to use an unlabeled consolidation bin for its own 
convenience, to include trailer-on-flatcar service, and proposes a 
specific definition in Sec.  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 the consolidation 
bin be marked with an indication of each hazard class or division 
within it; that 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 that 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 proposed to allow an exception from labeling for 
consolidation bins used for the convenience of a motor carrier. 
However, PHMSA was 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 proposed in the NPRM to require the bin 
to be marked in a manner that indicates it contains a hazardous 
material. We also proposed to incorporate several provisions of the 
special permit, including limiting the size of a consolidation bin to 
less than

[[Page 43513]]

64 cubic feet capacity, so as not to conflict with hazard communication 
requirements for freight containers. We also proposed that the 
consolidation bin must be reusable, made of materials such as plastic, 
wood, or metal. PHMSA was concerned that consolidation bins made of 
cardboard are not of sufficient strength to meet the requirements in 
this proposal. Accordingly, PHMSA requested 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 proposed in the NPRM 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 proposed 
that consolidation bins may only be transported by a single motor 
carrier, or on railcars transporting such vehicles. We believe the 
proposed language in Sec.  172.404(c) obviates the need for a separate 
definition for ``consolidation bin'' in Sec.  171.8.
    In addition to the proposal to address the ATA petition, we 
proposed to revise paragraph (b) of Sec.  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 Sec.  173.25(a)(2).
    PHMSA received comments, from ATA, the UPS, and PPG Industries, 
Inc. regarding this proposed amendment. UPS supports the proposed 
labeling exception for consolidation bins. UPS indicated their 
experience using consolidation bins has been very successful. According 
to UPS, terminals using the bins have experienced zero damage to 
packages contained in the bins, a great improvement compared to UPS's 
efforts to secure these types of packages without consolidations bins. 
UPS supports, and ATA does not object to, proposals that would permit 
marking the bin or using a tag to indicate each hazard class or 
division contained therein, in place of requiring the application of 
individual hazard labels. According to UPS, ``the ability to use such 
consolidation bins without the labeling requirement greatly improves 
and simplifies the processes involved in using the bins.'' However, UPS 
and ATA do not support the proposal to limit the use of consolidation 
bins to a single motor carrier. UPS states `` * * * that this proposed 
limitation potentially removes the safe and beneficial handling 
practices it experiences from application in networks involving motor 
carriers utilizing contracts with other motor carriers to extend 
coverage.''
    UPS indicates that when used for small, unpalletized packages of 
hazardous materials, the consolidation bins significantly reduce 
damages. In light of these benefits, UPS respectfully requests that 
PHMSA reconsider its proposed limitation restricting use of the bins to 
a single motor carrier. UPS states, ``These bins should be available to 
move among motor carriers that collectively, and through contracts, 
make up a comprehensive operating network * * *'' UPS believes that 
``as long as the motor carriers in the network are operating under 
contract to the main motor carrier company, the drivers working for the 
vendor carriers are fully informed about bins being used, and are 
advised on how to identify the contents in the bins, interlining can 
successfully be used across the network.'' In addition, ATA commented 
that PHMSA could permit interlining and transfers of consolidation bins 
between carriers by including a requirement to inform the subsequent 
carrier on the use of the consolidation bin and its contents.
    PPG Industries supports the use of consolidation bins by motor 
carriers to consolidate small packages of hazardous materials as 
proposed. PPG states, ``The benefits of package consolidation and 
reduced damage would seem to outweigh the lack of display of hazard 
labels on the outside of consolidation bins containing small 
packages.''
    PHMSA agrees with the important safety benefits of providing for 
the use of consolidation bins when transporting hazardous materials by 
motor vehicle. However, we do not agree with commenters who requested 
that the proposed limitation for the use of consolidation bins by a 
single motor carrier be removed. The use of consolidation bins is a 
carrier function. Each carrier operation is unique to that particular 
carrier, as well as their consolidation bins they use for consolidating 
and securing freight. Limiting the use of the consolidation bins to a 
single motor carrier actually enhances safety in handling and 
transporting hazardous materials. In addition, freight transferred 
between carriers may be overpacked to provide the same safety and 
handling benefits. Therefore, we are adopting this amendment as 
proposed.
    PHMSA requested 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 received no comments on 
the use of cardboard and what standards should be established if 
cardboard would be authorized. PHMSA is concerned that consolidation 
bins made of cardboard are not of sufficient strength to meet the 
requirements in this proposal. Therefore, PHMSA is not authorizing the 
use of cardboard consolidation bins. The consolidation bin requirements 
are adopted as proposed.

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 proposed in the NPRM 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. PHMSA proposed to relocate this 
transitional provision to Sec.  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 Sec.  172.552 of this subchapter in 
effect on December 31, 2006 may be used until January 1, 2014. PHMSA 
proposed to relocate this transitional provision to Sec.  172.552.
     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. PHMSA proposed to relocate these transitional 
provisions to Sec. Sec.  173.120 and 173.121 for Class 3 materials and 
to Sec. Sec.  173.132 and 173.133 for Division 6.1 materials.
     Gasohol. The transitional provision for gasohol in Sec.  
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 appropriate when describing gasoline and ethanol 
mixtures.
    PHMSA did not receive any comments opposing these amendments. 
However, PHMSA received comments from PPG Industries and New England

[[Page 43514]]

Fuel Institute (NEFI) supporting these amendments.
    PHMSA's proposal to move the provision for use of the 5.2 label and 
5.2 placard, conforming to the label and placard specifications in 
effect on December 31, 2006, with a January 1, 2011 transition date, 
except for highway transportation, is now outdated. Therefore, PHMSA is 
removing the provision authorizing use of the 5.2 label and 5.2 placard 
in effect on December 31, 2006 for all modes except highway until 
January 1, 2011 since the date has now passed. The use of the 5.2 
placard in effect on December 31, 2006, is authorized for use by 
highway until January 1, 2014. With the exception of the transitional 
provision regarding the 5.2 label with the January 1, 2011 transition 
date discussed above, PHMSA is adopting this amendment as proposed.
    Additionally, PHMSA's proposal to move the provision to a Special 
Provision 178 for the use of proper shipping name ``Gasohol gasoline 
mixed with ethyl alcohol, with no more than 20 percent alcohol'' which 
went into effect on January 28, 2008, may continue to be used until 
October 1, 2010. This provision authorizing the use of the proper 
shipping name ``Gasohol gasoline mixed with ethyl alcohol, with no more 
than 20 percent alcohol'' is now out dated since the October 1, 2010 
transition date has passed. Therefore, we are not adopting this 
amendment as proposed. As of 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.

E. Reporting Infectious Substances Incidents

    Section 171.15 establishes requirements for immediate notice of 
incidents involving certain hazardous materials. The Centers for 
Disease Control and Prevention is no longer accepting calls providing 
notice of incidents involving an infectious substance (etiologic 
agent). In the NPRM, PHMSA proposed 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 proposed 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.''
    PHMSA did not receive any comments opposing this amendment; 
therefore, this deletion is adopted as proposed.

F. Hazard Communication for Intermediate Bulk Containers (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 that 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. To 
comply with both the HMR and IMDG Code, some shippers are having 
difficulty fitting all of the various markings, labels, placards on 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, PHMSA proposed in the NPRM to 
revise Sec.  172.336 by adding a new paragraph (d) to indicate that 
when a bulk packaging is labeled instead of placarded in accordance 
with Sec.  172.514(c), identification numbers may be displayed in 
accordance with Sec.  172.301(a)(1). Additionally, we proposed to 
revise Sec.  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 square-on-point configuration.
    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 packaging 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 the NPRM, PHMSA 
proposed to revise Sec.  172.336 by adding new paragraph (d) to allow 
the use of smaller identification markings when a bulk packaging is 
labeled instead of placarded.
    PHMSA did not receive any comments opposing these amendments. 
However, PPG Industries suggested that it would be clearer to have the 
IBC marking options displayed in one section within Subpart D of Part 
172. They believed having the marking reference within the placarding 
section is confusing.
    PHMSA disagrees with PPG Industries' suggestion. The placarding 
exception in Sec.  172.514(c) is the impetus of this regulatory change. 
The link between the placarding and marking exceptions is essential to 
provide consistency and eliminate confusion. We are adopting these 
amendments as proposed.

G. HMT Revisions

    PHMSA proposed a number of revisions to the Hazardous Materials 
Table (HMT; Sec.  172.101), for the purpose of harmonizing with 
international standards. These proposed revisions included 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. PHMSA proposed to clarify 
this provision by including further instruction on the use of the word 
``or.'' We proposed 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''

[[Page 43515]]

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. PHMSA proposed 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 would 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 proposed 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.
    PHMSA became aware of a typographical error in the entry 
``Formaldehyde solutions'' which has an extra comma between 
``Formaldehyde'' and ``solutions.'' Therefore, PHMSA proposed to 
correct this error by removing the comma between ``Formaldehyde'' and 
``solutions'' in the proper shipping name for UN1198.
    PHMSA received no comments on these proposed changes to the HMT. 
Therefore, we are adopting these amendments, with an edit to 
``Formaldehyde solutions, UN1198,'' entry as proposed.
     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. In the NPRM, PHMSA proposed 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. PHMSA proposed 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'' 
would be added referencing Sec.  173.175 to indicate that permeation 
devices that contain dangerous goods and are used for calibrating air 
quality monitoring devices are not subject to the HMR requirements 
provided the conditions of Sec.  173.175 are met. This proposed 
revision was submitted to PHMSA as a petition for rulemaking (petition 
number P-1493; Docket Number PHMSA-2007-27318) 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.
    PHMSA received no comments concerning these proposed amendments. 
Therefore, we are adopting these amendments as proposed.
     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, PHMSA 
proposed in the NPRM 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.''
    The proposed change is consistent with an exception recently 
adopted within the United Nations Model Regulations on the Transport of 
Dangerous Goods (UN Model Regulations). The exception adopted into the 
UN Model Regulations expands packing provision PP1 of Packing 
Instruction P001 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, PHMSA indicated that it was 
evaluating the adoption of these provisions. (75 FR 63). PHMSA has 
completed this review and proposed to adopt this provision on the basis 
that environmentally hazardous paints, adhesives, printing inks, etc. 
pose a lesser hazard than flammable and corrosive paints which are 
already provided this exception in the HMR.
    PHMSA received one comment from PPG Industries supporting the 
proposal to add Special Provision 173. PHMSA did not receive any 
comments opposing the HMT changes discussed above. Therefore, we are 
adopting this amendment as proposed.

H. Hazard Communication

    1. Section 172.203(c) provides additional shipping paper 
description requirements. PHMSA received a petition for rulemaking 
(petition number P-1456; Docket Number PHMSA-2005-21198) from the AAR 
to suggest that we require shipping papers 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 proposed to 
revise Sec.  172.203(c) to require a notation that the LPG shipment 
does not contain an odorant.
    We received one comment from New England Fuel Institute (NEFI) 
supporting this proposed amendment. NEFI supports adding the words 
``non-odorized'' to the proper shipping name on shipping papers for 
non-odorized LPG, and believes it will aid emergency responders.
    We received no comments opposing this amendment. Therefore, we are 
adopting this amendment as proposed.
    2. Section 172.324 provides additional marking requirements for 
hazardous substances in non-bulk packaging. For clarification purposes, 
PHMSA proposed 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

[[Page 43516]]

parentheses, in association with the proper shipping name or the 
identification number, as applicable.
    PHMSA received one comment from PPG Industries noting that PHMSA 
adopted this marking requirement under Docket HM-215K (76 FR 3308). The 
commenter is correct, the new limited quantity marking amendment was 
adopted in the Docket HM-215K, final rule, published on January 19, 
2011. Therefore, PHMSA is not adopting the proposed amendment in this 
final rule.
    3. 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 proposed to remove the text that 
refers to the CDC on the label. The text states ``In U.S.A. Notify 
Director--CDC, Atlanta, GA 1-800-232-0124''. PHMSA proposed to allow 
three years from the effective date of the final rule to use up 
existing stocks.
    PHMSA received no comments on this proposed amendment. Therefore, 
we are adopting this amendment as proposed.
    4. 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 
international 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 international 
standards such as the International Civil Aviation Organization (ICAO) 
Technical Instructions and the International Maritime Dangerous Good 
(IMDG) Code. Some shipments are being delayed and required to be 
relabeled by international carriers due to this difference in the Class 
9 label specifications. In an effort to avoid continued frustrated or 
delayed shipments, PHMSA proposed in the NPRM to revise the Class 9 
label specifications by removing the horizontal line running across the 
label at its midpoint. We also proposed a three year transition from 
the effective date of the final rule to deplete existing stocks.
    PHMSA received one comment from the UPS on this proposal to revise 
the Class 9 label. UPS supports this proposed change for its potential 
to eliminate shipment delays.
    PHMSA received no comments opposing this amendment. Therefore, 
PHMSA is adopting this amendment as proposed.
    5. 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, PHMSA proposed in the NPRM 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.
    PHMSA received one comment from the New England Fuel Institute 
supporting this proposed amendment, as long as the current placard size 
and design is maintained and authorized, in addition to the harmonized 
placards. PHMSA is adopting this amendment as proposed. However, the 
HMR will continue to permit the use of the larger placard sizes.

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 the NPRM, PHMSA proposed to revise 
Sec.  173.134(c)(2) to incorporate the clarifications from a March 19, 
2007 letter of interpretation (Ref. No. 07-0057). Specifically, PHMSA 
proposed to clarify 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.
    PHMSA received one comment from Stericycle, Inc. (Stericycle) 
supporting this amendment. Stericycle also commented that the rationale 
underlying PHMSA's decision to authorize the transportation of multiple 
waste streams from medical facilities should also apply to other 
regulated activities, specifically to Special Permit 13556, which 
authorizes the transportation of sharps in specialized containers.
    PHMSA has determined that incorporating Special Permit 13556 into 
the HMR is beyond the scope of this rulemaking. Therefore, PHMSA is 
adopting this amendment as proposed.

J. Fireworks

    Section 173.56 specifies the requirements for classification and 
approval of new explosives, including fireworks in Sec.  173.56(j). The 
section incorporates by reference the APA Standard 87-1 for classifying 
and approving fireworks. The text of Sec.  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, in the NPRM, PHMSA 
proposed 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:''
    PHMSA did not receive any comments regarding this amendment. 
However, PHMSA is developing a more comprehensive rulemaking to address 
this issue, as well as other issues involving fireworks. Therefore, in 
this final rule, PHMSA is not adopting any requirements specific to 
fireworks.

K. Explosives

    Section 173.60 provides general packaging requirements for shipping 
Class 1 (explosive) materials. In a petition for rulemaking (petition 
number P-1527; Docket Number PHMSA-2008-0195), 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 Sec.  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

[[Page 43517]]

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.'' In the NPRM, 
PHMSA proposed to add modified text of this paragraph from the 15th 
Edition of the UN Recommendations to Sec. Sec.  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.
    PHMSA did not receive any comments regarding this amendment; 
therefore, we are adopting this amendment as proposed.

L. Rail Transloading Operations

    Section 174.67 provides general requirements for rail tank car 
transloading operations for hazardous materials. In a petition for 
rulemaking (petition number P-1481; Docket Number PHMSA-2006-25900), 
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 Environmental 
Protection Agency 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.
    In response to this petition, PHMSA proposed to revise Sec.  174.67 
in the NPRM to clarify and further address closed systems in 
transloading operations. PHMSA proposed 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.
    PHMSA received no comments regarding this amendment; therefore, we 
are adopting this amendment as proposed.

M. Cylinders

    1. 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 [72 FR 55091], 
PHMSA added DOT 39 cylinders to the types of cylinders authorized for 
the transportation of compressed oxygen and other oxidizing gases 
aboard aircraft in Sec. Sec.  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 the NPRM, we proposed to revise 
paragraph (f)(2) of Sec.  173.302 and paragraph (f)(2) of Sec.  173.304 
to prescribe the PRD setting tolerance for DOT 39 cylinders. In the 
NPRM, PHMSA proposed to revise these sections to prescribe the PRD 
setting tolerance for DOT 39 cylinders.
    Worthington Cylinder Corporation (Worthington) supports the 
proposal but stated it creates a major conflict with CGA Publication S-
1.1 and completely eliminates shipping DOT 39 cylinders by air where 
the rupture disk is welded to the cylinder. Worthington agrees that a 
proposed change can be submitted to CGA and CGA Publication S-1.1 in 
order to ``catch-up'' to 49 CFR requirements. Worthington also stated 
that oxygen can be shipped in low-pressure cylinders and that PHMSA 
only considered high pressure DOT 39 cylinders that contain a valve 
with a rupture disk. Worthington suggested adding the alternative use 
of a CG-2 or CG-3 device as defined in CGA Publication S-1.1 to our 
proposal to maintain an acceptable level of safety. Worthington stated, 
``Adding the alternative use of a CG-2 or CG-3 device would maintain 
the level of safety by having maximum containment of the oxygen or 
oxygen mixture in the cylinder. Like the CG-1 device, the CG-2 or CG-3 
device will empty the contents of the cylinder.''
    Barlen and Associates (Barlen) did not support our proposal stating 
it effectively bans air shipment of oxygen and its mixtures in DOT 39-
cylinders. Barlen stated that ``even if the DOT at some point again 
allowed air shipment of oxygen, this proposed change would still for 
all practicable purposes ban air shipments of oxygen and oxygen-rich 
mixtures in DOT-39 cylinders.'' Barlen also suggested that a 
``different solution might be for DOT to totally ignore the CGA S-1.1 
and change all DOT-39 cylinders to its `shipped by air only' setting. 
However, that solution would involve changing the settings on millions 
of DOT-39 cylinders (all those 1 pound Bernzomatic type cylinders, 
etc.)''
    PHMSA has considered Worthington and Barlen's comments and 
suggestions. Further, PHMSA recently received a petition for rulemaking 
(P-1580) highlighting additional concerns regarding the PRD setting for 
DOT 39 cylinders. To fully consider both the comments and the petition 
PHMSA has elected not to adopt the proposed amendment to the PRD 
setting for DOT-39 cylinders in this final rule. PHMSA plans to address 
the issue in a future rulemaking.
    2. 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. In the NPRM, PHMSA 
proposed to consolidate the inspectors' 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.

[[Page 43518]]

    Worthington opposed the proposed amendments in Sec.  178.35 to 
require certification reports available at or before the time of 
delivering the cylinders to the purchaser. Worthington indicates that 
the proposal should consider that a single manufacturing facility can 
produce tens of thousands of cylinders daily. Depending on the cylinder 
design, this could require 50-75 reports daily. To comply with the 
required proposal for reports before shipment arrives at the customers, 
Worthington stated that, ``cylinder manufacturers and independent 
inspection agencies will have to add personnel which increases customer 
costs for no value added or safety benefit.''
    PHMSA does not agree with the commenter. This documentation is 
necessary to understand and evaluate cylinder related failures (e.g., 
as cylinder burst) and to promote safety. The certification reports 
from the inspector and given to the manufacturer must be available at 
or before the time of delivering the cylinders to the purchaser. PHMSA 
compliance inspectors revealed that sometimes these reports are 
completed several months after the cylinders are sold.
    PHMSA is adopting the revisions to test reports in Sec.  178.35 as 
proposed. This change will clarify that a cylinder manufacturer must 
have all completed test and certification reports available at or 
before the time of delivering the cylinders to the purchaser.
    3. Section 178.37 sets forth manufacturing specifications for DOT 
3AA and 3AAX seamless steel cylinders, in addition to requirements set 
forth in Sec.  173.35. Paragraphs (j) and (l) specify the flatting test 
procedures and rejection criteria respectively. PHMSA received a 
petition (petition number P-1513; Docket Number PHMSA-2008-0065) from 
Worthington requesting a revision to Sec.  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, in the NPRM, 
PHMSA proposed to revise paragraphs (j) and (l) in Sec.  178.37 to 
authorize the use of the bend test.
    PHMSA received no comments regarding this proposed amendment to 
allow the use of the bend test on cylinders. Therefore, PHMSA is 
adopting this amendment as proposed.
    4. Section 178.71 contains design and manufacturing specifications 
for UN pressure receptacles, including the specification marking 
requirements. In the NPRM, PHMSA proposed 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 indicated 
in the NPRM that the combination of the proof pressure test, hardness 
test, and UE should provide adequate assurance that each cylinder 
received a proper heat treatment.
    Arrowhead opposed the proposal in Sec.  178.71 to allow the use of 
proof pressure testing versus the current mandatory volumetric 
expansion testing on all cylinders. The ISO 7866 and 9809 standards 
currently permit the use of either the proof pressure test or 
volumetric expansion test. The commenter recommends that the current 
language in the HMR remain unchanged requiring the mandatory volumetric 
expansion testing of all cylinders.
    PHMSA does not agree with Arrowhead's comments. Arrowhead did not 
provide any evidence of cylinder failure due to lack of volumetric 
expansion testing or technical rational in support of its comments. 
PHSMA is not eliminating the current volumetric expansion test for 
cylinders. ISO Standards 9809-1, 2, 3 and 7866 provides alternative 
volumetric expansion test to proof pressure testing. Based on extensive 
technical work of ISO/TC58/SC3/WG14 which was completed by the U.S. 
experts and major U.S. cylinder manufacturers, we have concluded the 
testing methods as described in ISO 9809(s) and ISO 7866 standards 
provide adequate and safe methods of ensuring proper heat treatment. 
Additionally, many of these cylinders have been manufactured under 
these standards and safely used for over 15 years.
    PHMSA does not agree with Arrowhead's comments as stated above. 
Therefore, we are adopting this amendment as proposed.

N. Cargo Tanks

    1. Section 178.345-1(i)(2) establishes general design and 
construction requirements for DOT 406 (Sec.  178.346), DOT 407 (Sec.  
178.347), and DOT 412 (Sec.  178.348) cargo tank motor vehicles. Cargo 
tank motor vehicles composed of more than one cargo tank may be 
constructed with the individual cargo tanks manufactured to a single 
specification or to different specifications. Each cargo tank must 
conform in all respects with the specification for which it is 
constructed and certified.
    The strength of the connecting structure joining multiple cargo 
tanks in a cargo tank motor vehicle must meet the structural design 
requirements in Sec.  178.345-3. Any void within the connecting 
structure must be vented to the atmosphere and have a drain located on 
the bottom centerline. Each drain must be accessible and must be kept 
open at all times. The drain in any void within the connecting 
structure of a carbon steel, self-supporting cargo tank may be either 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 on 
the bottom centerline.
    Previous interpretations 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, PHMSA 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 the NPRM, PHMSA proposed to revise 
Sec.  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

[[Page 43519]]

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.
    PHMSA received two comments from New England Fuel Institute (NEFI) 
and Truck Trailer Manufacturers Association (TTMA) on the proposal to 
clarify that it is no longer necessary to place a vent on the top of 
the center line of a cargo tank vehicle and that venting the void space 
through the existing required drain or other separate vent. NEFI 
supports this clarification, provided it is only a clarification, and 
will not require that the top vent be plugged or that a new vent other 
than the currently required drain be installed in existing 
specification and non specification cargo tanks. NEFI stated, 
``Requiring a new vent or a vent plug would create significant 
compliance costs for small business petroleum suppliers that are not 
currently accounted for under the NPRM.''
    TTMA supports the clarification regarding vents in the void for 
cargo tank trailers. TTMA indicated that the original language in the 
regulations required numerous letters of interpretation and developed 
problems in the application of the regulations. TTMA stated, ``The new 
language reflects the industry input over the last few years and 
achieves the goal of a common sense solution to the venting problem.''
    PHMSA's proposal is to clarify that it is not necessary to place a 
vent on top of the center line of a cargo tank vehicle and that venting 
the void space through the existing required drain or other separate 
vent is authorized. Therefore, we are adopting this amendment as 
proposed.
    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 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 Sec.  178.320, we 
proposed to replace the term ``cargo tank assembly'' with ``completed 
cargo tank motor vehicle.''
    PHMSA received no comments on these proposed amendments. Therefore, 
PHMSA is adopting these amendments as proposed.
    2. 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 proposed to 
clarify the requirement to clearly state that a cargo tank motor 
vehicle with a MAWP greater than 35 psig or a cargo tank 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 Sec.  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 
Sec.  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.
    PHMSA received no comments on this proposed amendment. Therefore, 
PHMSA is adopting this amendment as proposed.
    3. 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. In the NPRM, we proposed revisions to this 
section to make a clear distinction between the phrase ``designed to be 
loaded by vacuum'' and ``built to withstand full vacuum.'' Basically, 
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 but not certified under the ASME Code. 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.
    PHMSA received no comments on this proposed amendment. Therefore, 
PHMSA is adopting this amendment as proposed.
    4. 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 thickness is tested in accordance with Sec.  
180.407(d)(4), Sec.  180.407(e)(3), Sec.  180.407(f)(3), or Sec.  
180.407(i). The reference to Sec.  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 Sec.  180.407(d)(5), which refers to thickness testing of 
corroded or abraded areas of the cargo tank wall. In the NPRM, PHMSA 
proposed to remove the reference to Sec.  180.407(d)(4) in Sec.  
180.417(b)(1)(v) and replace it with the reference to Sec.  
180.407(d)(5).
    PHMSA received no comments on this amendment. Therefore, we are 
adopting it as proposed.

O. 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 in accordance with the International Civil Aviation 
Organization's (ICAO TI) Technical Instructions for the Safe Transport 
of Dangerous Goods by Air. 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

[[Page 43520]]

the HMR. Therefore, in response to a petition (petition number P-1493; 
Docket Number PHMSA-2007-27318) from the URS Corporation, and to 
facilitate domestic and international transportation, in the NPRM, 
PHMSA proposed to add a new Sec.  173.175 on permeation devices in Part 
173 that would authorize the transportation of permeation devices in 
the same manner as is provided in Special Provision A41 of the ICAO T1.
    PHMSA received no comments regarding this amendment; therefore, we 
are adopting this amendment as proposed.

P. Alcoholic Beverage Exception

    Section 173.150 provides exceptions from regulation for Class 3 
flammable liquid material. Specifically, Sec.  173.150(d) provides 
exceptions for alcoholic beverages. An alcoholic beverage (as defined 
in 27 CFR 4.10 and 5.11) that meets one of three conditions outlined in 
Sec.  173.150(d) is not subject to the requirements of the HMR for a 
Class 3 flammable liquid material. One of these conditions states 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 Sec.  175.10(a)(4) of the HMR as checked or carry-on baggage 
(see Sec.  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 Sec.  175.10(a)(4). In the final rule, 
we indicated that PHMSA was revising the exception in Sec.  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 
Sec.  175.10(a)(4).
    In the NPRM, PHMSA proposed to clarify Sec.  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.
    PHMSA did not receive any comments regarding this amendment. 
However, PHMSA is not adopting this amendment as proposed. PHMSA plans 
to more fully address this issue in a future international 
harmonization rulemaking.

Q. Special Permits

    Procedures for special permit applications are established in 49 
CFR Part 107. In a final rule published under Docket HM-233B (76 FR 
454; January 5, 2011), PHMSA adopted 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 
(Sec. Sec.  107.101 to 107.127).
    PHMSA conducts a fitness review of each company requesting action 
on a special permit including applications for a new special permit. In 
the NPRM, we proposed to incorporate an additional requirement for each 
applicant to identify whether they are acting as a shipper or a carrier 
under Sec. Sec.  107.105, 107.107, and 107.109. We indicated that the 
added information would assist PHMSA in determining the fitness of the 
applicant.
    PHMSA received comments from Institute of Makers of Explosives 
(IME) and Veolia Environmental Services (Veolia), regarding the 
proposed amendment. Both commenters support the proposed amendment, but 
believe shippers as well as carriers should be included in these 
proposed procedures for applying for a special permit. Both commenters 
also indicated the importance of fitness determinations for both 
shippers and carriers. We appreciate the comments and have adopted the 
amendment as proposed.

R. Lab Packs

    In a final rule under docket HM-233A (75 FR 20275; May 14, 2010), 
PHMSA incorporated Special Permit 13192 into the HMR. The special 
permit authorized relief from segregation requirements in Parts 174, 
176, and 177 of the HMR provided the materials conform with the 
packaging and segregation requirements for lab packs in Sec.  
173.12(e).
    1. Special Permit 13192--flashpoint. In the final rule, PHMSA 
inadvertently left out a proposal to except lab packs from the 
requirement in Sec.  172.203(i)(2) of the HMR which requires the 
minimum flashpoint if it is 60 [deg]C (140 [deg]F) or below (in [deg]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 [deg]C or less, Special Permit 13192 authorized the 
identification of the lowest flashpoint for all hazardous materials in 
the lab pack as a range of less than 23 [deg]C or 23 [deg]C to 61 
[deg]C. In the NPRM, PHMSA proposed to incorporate this exception for 
lab packs transported by cargo vessel.
    PHMSA received one comment from Veolia regarding Special Permit 
13192 which authorizes the lowest flashpoint of all hazardous materials 
contained in the lab pack being transported by cargo vessel to be 
indicated on the shipping paper as either being ``below 23 [deg]C'' or 
in a range ``between 23 [deg]C and 60 [deg]C'' in lieu of indicating 
the exact minimum flashpoint. Veolia is concerned with the use of the 
word ``must'' in the new regulatory language as amended in Sec.  
172.203(i)(2) as being too restrictive. Veolia requested PHMSA replace 
the word ``must'' with ``may'' to allow the shipper of lab packs to 
indicate the flashpoint as either a range or as a specific temperature 
if known.
    PHMSA has considered Veolia's comments and disagrees with the 
suggestion that the word ``must'' in the proposed language be replaced 
with ``may.'' This change was proposed because the current requirement 
to provide the minimum flashpoint for each material in a lab pack with 
a flashpoint of 60 [deg]C (140 [deg]F) or below is overly restrictive. 
Providing a single flashpoint for the material in the lab pack with the 
lowest flashpoint is sufficient. However, the commenter's suggested 
revision would relax current requirements even further and possibly 
cause confusion. Therefore, we are adopting this amendment as proposed.
    2. Special Permit 13192--segregation.
    In this same final rule, PHMSA adopted exceptions from segregation 
for certain waste hazardous materials in lab packs and non-bulk 
packaging consistent with the provisions of Special Permit 13192. These 
exceptions are referenced in the segregation requirements for public 
highway transport in Sec.  177.848(c). In making the conforming 
amendment to Sec.  177.848(c), PHMSA 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, in the NPRM we proposed to correct 
this section by clarifying the segregation conditions.
    PHMSA received no comments on this proposal on segregation 
conditions. Therefore, we are adopting this amendment as proposed.

S. Batteries Containing Sodium or Cells Containing Sodium

    The HMR currently authorize the transport of sodium cells and 
batteries

[[Page 43521]]

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 the NPRM, 
PHMSA proposed to expand the list of authorized chemistries to include 
all sodium compounds provided they meet the criteria specified in Sec.  
173.189. This amendment aligns the HMR with the 17th Edition of the UN 
Model Regulations effective January 1, 2013.
    PHMSA received no comments regarding this amendment; therefore, we 
are adopting this amendment as proposed.

T. Additional Issues Addressed in This Rule

    1. Section 175.10 prescribes the conditions for which passengers, 
crew members or an operator may carry hazardous materials aboard an 
aircraft. In a final rule published under Docket HM-215K (76 FR 3308, 
January 19, 2011), PHMSA amended the HMR to maintain alignment with 
international standards by adding a new paragraph (a)(17) to permit a 
mobility aid such as a wheelchair containing a lithium ion battery to 
be transported in accordance with the provisions provided in this 
section.
    Since publication of the HM-215K final rule, PHMSA has noted an 
inconsistency between the requirements of the ICAO Technical 
Instructions and the requirements of the HMR in relation to the 
acceptance of lithium battery powered mobility aids for transportation 
by aircraft. In particular, it has been noted that the HMR require the 
removal of the battery under certain conditions prior to transportation 
by aircraft. It is not our intent to be inconsistent with the 
requirements of the ICAO Technical Instructions in this regard. Thus, 
in this final rule Sec.  175.10(a)(17) is corrected to clearly indicate 
that batteries are not required to be removed.
    2. Section 173.3. In a final rule published in the Federal Register 
on May 14, 2010 under Docket No. PHMSA-2009-0289 (HM-233A; 75 FR 
27205), PHMSA revised 173.3(d)(6) to permit damaged or leaking 
cylinders containing a Division 2.1, 2.2, 2.3 or 6.1, or Class 3 or 8 
material to be overpacked in a salvage cylinder and transported by 
cargo vessel for repair or disposal. Prior to this revision, these 
cylinders were permitted to be transported for repair or disposal by 
motor vehicle only and only under the terms of Special Permit DOT-SP 
14168. However, when this change was made the language in Sec.  
173.3(c)(6) was inadvertently replaced with language prescribed in the 
rule for Sec.  173.3(d)(6), and paragraph (d)(6) was unchanged. In this 
final rule, PHMSA is correcting these errors by revising Sec.  
173.3(c)(6) to reinstate the language authorized for that paragraph 
prior to the issuance of the Docket No. HM-233A final rule, and 
revising Sec.  173.3(d)(6) to reflect the regulatory language change 
authorized in the final rule issued under Docket HM-233A.

III. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    1. This final rule 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.
    2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to 
ensure that, to the extent practicable, regulations governing the 
transportation of hazardous materials in commerce are consistent with 
standards adopted by international authorities.

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

    This final 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 final 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).
    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. As 
discussed in this rulemaking, PHMSA amends various provisions in the 
HMR to clarify the provisions and to relax overly burdensome 
requirements. This final rule also responds to requests from industry 
associations to update and add references to standards that are 
incorporated in the HMR. PHMSA anticipates the amendments contained in 
this rule generate economic benefits to the regulated community. This 
final rule is designed to increase the clarity of the HMR, thereby 
increasing voluntary compliance while reducing compliance costs. This 
final rule also updates 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 
Sec.  173.175, will result in reduced compliance costs by reducing 
regulatory compliance. This exception will also promote international 
harmonization. The amendment to provide an exception to labeling for 
consolidation bins used to transport hazardous materials by motor 
carrier will reduce compliance costs.
    Additionally, this final rule adds a new Special Provision 173 to 
provide relief from the specification package requirements 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 amendments in this final rule should reduce regulatory 
burdens on the regulated community while increasing flexibility and 
transportation options.

 C. Executive Order 13132

    This final rule was analyzed in accordance with the principles and 
criteria contained in Executive Order 13132 (``Federalism''). This 
final rule would preempt state, local and Indian Tribe requirements but 
does not propose any regulation that has substantial direct effects on 
the states, the relationship between the national government and the 
states, or the

[[Page 43522]]

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 final rule concerns the classification, packaging, marking, 
labeling, and handling of hazardous materials, among other covered 
subjects. As adopted, this rule preempts 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. 
The effective date of Federal preemption will be 90 days from 
publication of this final rule in this matter in the Federal Register.

D. Executive Order 13175

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Since this final rule 
does not have Tribal implications and does not impose substantial 
direct compliance costs on Indian Tribal governments, the funding and 
consultation requirements of Executive Order 13175 do not apply, 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 
final rule would amend miscellaneous provisions in the HMR to clarify 
provisions based on PHMSA's own initiatives and also based on petitions 
for rulemaking. While maintaining safety, the provisions of this final 
rule would relax certain overly burdensome requirements and would 
update references to consensus standards that are incorporated in the 
HMR. The changes are intended to provide relief to shippers, carriers, 
and packaging manufacturers, including many 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 final rule is not expected to be significant. 
The changes are generally intended to provide relief to shippers, 
carriers, and packaging manufacturers and testers, including small 
entities. The majority of entities affected by this rule are small 
entities. Although the rule will create less burden, the overall effect 
of this positive change is not significant. Therefore, this final rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This final rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure that potential impacts of 
draft rules on small entities are properly considered.

F. Paperwork Reduction Act

    By requiring additional information be included on certain shipping 
papers, this final 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'' with 260,000,000 responses and 6,500,834 burden hours. 
This rule is imposing new requirements pertaining to Sec.  172.203(c), 
additional shipping paper information requirements. We are requiring 
non-odorized LPG shipments to indicate ``non-odorized'' on the shipping 
papers to aid emergency responders in the event of an accident 
involving non-odorized shipments of LPG. It is estimated that only 5% 
of LPG shipments are non-odorized, therefore, 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 final rule identifies an information collection request that 
PHMSA is submitting to OMB for approval based on the amendment in this 
rule. PHMSA has developed burden estimates based on the 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.

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

[[Page 43523]]

to cross-reference this action with the Unified Agenda.

H. Unfunded Mandates Reform Act

    This final 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 actions to determine whether the 
action will have a significant impact on the human environment. In 
accordance with the Council on Environmental Quality (CEQ) regulations, 
Federal agencies must conduct an environmental review considering: (1) 
The need for the action; (2) alternatives to the action; (3) probable 
environmental impacts of the action and alternatives; and (4) the 
agencies and persons consulted during the consideration process. PHMSA 
is making miscellaneous amendments to the HMR based on petitions for 
rulemaking and PHMSA's own initiatives. The 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), Final Rule
    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.
Amendments to the HMR
    In this final rule, key changes include:
    Updating Sec.  171.7 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.
    Adding a requirement for each applicant to a special permit under 
Sec. Sec.  107.105, 107.107, and 107.109 to identify their role as a 
shipper (offeror), carrier, or both.
    Revising the definition of ``person'' in Sec.  171.8 to include 
those who manufacture, test, repair and recondition packages.
    Revising 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 UN3082; and adding a new special 
provision to clarify the differences between Class 3 and Class 9 
formaldehyde solutions.
    Adding a new Sec.  173.175 applicable to permeation devices to 
provide an exception for permeation 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 Sec.  173.175.
    Updating and clarifying hazard communication requirements 
applicable to Class 9 label specifications; placard size; IBCs; and 
Division 6.2 labels.
    In Sec.  178.37, authorizing the use of an alternative bend test 
for DOT 3AA and 3AAX steel cylinders.
    In Sec.  178-347-1, clarifying 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.
    Revising Sec.  171.14 transitional provisions to remove expired 
dates and incorporate certain dates into the specific sections of the 
HMR.
    Revising provisions in Sec.  173.56(j) to further clarify the use 
of the American Pyrotechnics Association (APA) standard for classifying 
and approving fireworks.
    Revising Sec.  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 amendments to the HMR in this 
final rule.
    This is the selected alternative.
Environmental Consequences
    Hazardous materials are transported by aircraft, vessel, rail, and 
highway. The potential for environmental damage or contamination exists 
when packages of hazardous materials are involved in accidents or en 
route incidents resulting from cargo shifts, valve failures, package 
failures, loading, unloading, collisions, handling problems, or 
deliberate sabotage. The release of hazardous materials can cause the 
loss of ecological resources (e.g. wildlife habitats) and the 
contamination of air, aquatic environments, and soil. Contamination of 
soil can lead to the contamination of ground water. 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. Most 
hazardous materials are not transported in quantities sufficient to 
cause significant, long-term environmental damage if they are released.
    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. Amending the HMR to clarify requirements and maintain 
alignment with international standards enhances the safe transportation 
of hazardous materials in domestic and international commerce.
Conclusion
    PHMSA is making miscellaneous amendments to the HMR based on 
petitions for rulemaking and PHMSA's own initiatives. The 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

[[Page 43524]]

commerce; and make these requirements easier to understand. In 
conclusion, these amendments will likely result in positive 
environmental effects. Overall, these effects are not significant.

 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 is not considered an unnecessary obstacle 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 rule is not 
considered as creating an unnecessary obstacle to foreign commerce.

List of Subjects

49 CFR Part 107

    Administrative practice and procedure, Hazardous materials 
transportation, Penalties, Reporting and record keeping requirements.

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Incorporation by reference, Reporting and recordkeeping 
requirements.

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste, 
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, Incorporation by reference, 
Rail carriers, Reporting and recordkeeping.

49 CFR Part 175

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

49 CFR Part 177

    Hazardous materials transportation, Incorporation by reference, 
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 are amending 49 CFR chapter I 
as follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
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.


0
2. In Sec.  107.105, add paragraph (c)(14) to read as follows:


Sec.  107.105  Application for special permit.

* * * * *
    (c) * * *
    (14) A statement indicating whether the applicant will be acting as 
a shipper (offeror), carrier or both under the terms of the special 
permit.
* * * * *

0
3. In Sec.  107.107, add paragraph (b)(7) to read as follows:


Sec.  107.107  Application for party status.

* * * * *
    (b) * * *
    (7) A statement indicating whether the applicant will be acting as 
a shipper (offeror), carrier or both under the terms of the special 
permit.
* * * * *

0
4. In Sec.  107.109, add paragraph (a)(9) to read as follows:


Sec.  107.109  Application for renewal.

    (a) * * *
    (9) 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

0
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.


0
6. In Sec.  171.7, the table in paragraph (a)(3) is amended as follows:
0
a. Under the entry ``The Aluminum Association,'' the organization's 
mailing address is revised;
0
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;
0
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
0
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 Vehicle 
with Certain Other Explosive Materials'' is revised.
    The revisions and additions read as follows:


Sec.  171.7  Reference material.

    (a) * * *
    (3) Table of material incorporated by reference. * * *

[[Page 43525]]



----------------------------------------------------------------------------------------------------------------
          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    178.37.
 Testing of Material for Ductility, published
 February 1998.
 
                                                  * * * * * * *
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  174.55; 174.101; 174.112; 174.115.
 Trailers and Containers, issued June 2001.
 
                                                  * * * * * * *
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       173.63; 177.835.
 Standard 22), Recommendations for the Safe
 Transportation of Detonators in a Vehicle with
 Certain Other Explosive Materials, February
 2007.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
7. In Sec.  171.8, the definition of ``Person'' is revised to read as 
follows:


Sec.  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, 
manufactures, 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.
* * * * *


Sec.  171.14  [Removed and Reserved]

0
8. Section 171.14 is removed and reserved.

0
9. Section 171.15, paragraph (a) introductory text is revised to read 
as follows:


Sec.  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

0
10. The authority citation for Part 172 continues to read as follows:

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


0
11. In Sec.  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:


Sec.  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.
* * * * *

[[Page 43526]]

[GRAPHIC] [TIFF OMITTED] TR20JY11.001

* * * * *

0
12. In Sec.  172.102(c)(1), new Special Provisions 173 and 176, are 
added in appropriate numerical order to read as follows:


Sec.  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 stretch-wrapping or other 
suitable means to a pallet). For vessel transport, the palletized 
loads, pallet boxes or unit

[[Page 43527]]

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 Sec.  173.27(f).
* * * * *
    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.
* * * * *

0
13. In Sec.  172.202, paragraph (b) is revised to read as follows:


Sec.  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.
* * * * *

0
14-15. In Sec.  172.203, paragraph (i)(2) is revised and paragraph (p) 
is added to read as follows:


Sec.  172.203  Additional description requirements.

* * * * *
    (i) * * *
    (2) Minimum flashpoint if 60 [deg]C (140 [deg]F) or below (in 
[deg]C closed cup (c.c.)) in association with the basic description. 
For lab packs packaged in conformance with Sec.  173.12(b) of this 
subchapter, an indication that the lowest flashpoint of all hazardous 
materials contained in the lab pack is below 23 [deg]C or that the 
flash point is not less than 23 [deg]C but not more than 60 [deg]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.

0
16. In Sec.  172.336, paragraph (d) is added to read as follows:


Sec.  172.336  Identification numbers; special provisions.

* * * * *
    (d) When a bulk packaging is labeled instead of placarded in 
accordance with Sec.  172.514(c) of this subchapter, identification 
number markings may be displayed on the package in accordance with the 
marking requirements of Sec.  172.301(a)(1) of this subchapter.

0
17. Section 172.404 is revised to read as follows:


Sec.  172.404  Labels for mixed and consolidated packaging.

    (a) Mixed packaging. When compatible hazardous materials having 
different hazard classes are packed within the same packaging, or 
within the same outside container or overpack as described in Sec.  
173.25, 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 materials 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 Sec.  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 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.

0
18. In Sec.  172.432, paragraph (a) is revised and paragraph (c) is 
added to read as follows:


Sec.  172.432  INFECTIOUS SUBSTANCE label.

    (a) Except for size and color, the INFECTIOUS SUBSTANCE label must 
be as follows:

[[Page 43528]]

[GRAPHIC] [TIFF OMITTED] TR20JY11.003

* * * * *
    (c) Labels conforming to requirements in place on September 30, 
2011 may continue to be used until October 1, 2014.

0
19. In Sec.  172.446, paragraph (a) is revised and paragraph (c) is 
added to read as follows:


Sec.  172.446  CLASS 9 label.

    (a) Except for size and color, the ``CLASS 9'' (miscellaneous 
hazardous materials) label must be as follows:
[GRAPHIC] [TIFF OMITTED] TR20JY11.004

* * * * *
    (c) Labels conforming to requirements in place on September 30, 
2011 may continue to be used until October 1, 2014.

0
20. Section 172.514, paragraph (c)(4) is revised to read as follows:


Sec.  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 Sec.  172.302(b)(2) in place of the UN number on an orange panel or 
placard.
* * * * *

0
21. In Sec.  172.519, paragraph (c)(1) is revised to read as follows:


Sec.  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.
* * * * *

0
22. In Sec.  172.552, paragraph (c) is added to read as follows:


Sec.  172.552  ORGANIC PEROXIDE placard.

* * * * *
    (c) 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

0
23. 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.


0
24. In Sec.  173.3, revise paragraphs (c)(6) and (d)(6) to read as 
follows:


Sec.  173.3  Packaging and exceptions.

* * * * *
    (c) * * *
    (6) The overpack requirements of Sec.  173.25 do not apply to drums 
used in accordance with this paragraph.
* * * * *
    (d) * * *

[[Page 43529]]

    (6) Transportation is authorized by motor vehicle and cargo vessel 
only.
* * * * *

0
25. In Sec.  173.60, paragraph (b)(14) is revised to read as follows:


Sec.  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.

0
26. In Sec.  173.62, in paragraph (c), in the Table of Packing Methods, 
Packing Instruction 130 is revised to read as follows:


Sec.  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                                                               Steel (4A).
 EXCEPTIONS:.                                                                                    Wood natural, ordinary (4C1).
1. The following applies to UN                                                                   Plywood (4D).
 0006, 0009, 0010, 0015, 0016,                                                                   Reconstituted wood (4F).
 0018, 0019, 0034, 0035, 0038,                                                                   Fiberboard (4G).
 0039, 0048, 0056, 0137, 0138,                                                                   Plastics, expanded (4H1).
 0168, 0169, 0171, 0181, 0182,                                                                   Plastics, solid (4H2).
 0183, 0186, 0221, 0238, 0243,                                                                   Drums.
 0244, 0245, 0246, 0254, 0280,                                                                   Steel, removable head (1A2).
 0281, 0286, 0287, 0297, 0299,                                                                   Aluminum, removable head (1B2).
 0300, 0301, 0303, 0321, 0328,                                                                   Plywood (1D).
 0329, 0344, 0345 0346, 0347,                                                                    Fiber (1G).
 0362, 0363, 0370, 0412, 0424,                                                                   Plastics, removable head (1H2).
 0425, 0434, 0435, 0436, 0437,                                                                   Large Packagings.
 0438, 0451, 0459 and 0488..                                                                     Steel (50A).
Large and robust explosives                                                                      Aluminum (50B).
 articles, normally intended for                                                                 Metal other than steel or aluminum (50N).
 military use, without their means                                                               Rigid plastics (50H).
 of initiation or with their means                                                               Natural wood (50C).
 of initiation containing at least                                                               Plywood (50D).
 two effective protective                                                                        Reconstituted wood (50F).
 features, may be carried                                                                        Rigid fiberboard (50G).
 unpackaged. When such articles
 have propelling charges or are
 self-propelled, their ignition
 systems must be protected against
 stimuli encountered during normal
 conditions of transport. A
 negative result in Test Series 4
 on an unpackaged article
 indicates that the article can be
 considered for transport
 unpackaged. Such unpackaged
 articles may be fixed to cradles
 or contained in crates or other
 suitable handling devices..
2. Subject to approval by the
 Associate Administrator, large
 explosive articles, as part of
 their operational safety and
 suitability tests, subjected to
 testing that meets the intentions
 of Test Series 4 of the UN Manual
 of Tests and Criteria with
 successful test results, may be
 offered for transportation in
 accordance with the requirements
 of this subchapter..
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

0
27. In Sec.  173.120, paragraph (e) is added to read as follows:


Sec.  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.

0
28. In Sec.  173.121, paragraph (c) is added to read as follows:


Sec.  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.

0
29. In Sec.  173.132, paragraph (e) is added to read as follows:


Sec.  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.

0
30. In Sec.  173.133, paragraph (c) is added to read as follows:

[[Page 43530]]

Sec.  173.133  Assignment of packing group and hazard zones for 
Division 6.1 materials.

* * * * *
    (c) Transitional provisions. The criteria for packing group 
assignments in effect on December 31, 2006, may continue to be used 
until January 1, 2012.

0
31. In Sec.  173.134, paragraph (c)(2) is revised to read as follows:


Sec.  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 
Sec. Sec.  173.24 and 173.24a and packaging requirements specified in 
29 CFR 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.
* * * * *

0
32. Section 173.175 is added to read as follows:


Sec.  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 [deg]C (131 [deg]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:
    (1) The following free drops onto a rigid, non resilient, flat and 
horizontal surface from a height of 1.8 m (5.9 feet):
    (i) One drop flat on the bottom;
    (ii) One drop flat on the top;
    (iii) One drop flat on the long side;
    (iv) One drop flat on the short side;
    (v) One drop on a corner at the junction of three intersecting 
edges; and
    (2) 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).
    (3) 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.

0
33. In Sec.  173.189, the first sentence of paragraph (a) is revised to 
read as follows:


Sec.  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.). * * *
* * * * *

PART 174--CARRIAGE BY RAIL

0
34. The authority citation for part 174 continues to read as follows:

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


0
35. In Sec.  174.55, paragraph (a) is revised to read as follows:


Sec.  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 Sec.  171.7 of this subchapter).
* * * * *

0
36. In Sec.  174.67, paragraphs (a)(6), (b) introductory text, (b)(1), 
and (c) introductory text are revised to read as follows:


Sec.  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

[[Page 43531]]

manhole cover, the manhole cover must be adjusted as follows:
* * * * *

0
37. In Sec.  174.101, paragraphs (o)(2) and (o)(3) are revised to read 
as follows:


Sec.  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 Sec.  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 Sec.  
171.7 of this subchapter).
* * * * *

0
38. In Sec.  174.112, paragraph (c)(3) is revised to read as follows:


Sec.  174.112  Loading Division 1.3 materials and Division 1.2 
(explosive) materials (Also see Sec.  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 Sec.  171.7 of this subchapter).

0
39. In Sec.  174.115, paragraph (b)(3) is revised to read as follows:


Sec.  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 (IBR, see 
Sec.  171.7 of this subchapter).

PART 175--CARRIAGE BY AIRCRAFT

0
40. 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.

0
41. In Sec.  175.10, paragraphs (a)(17)(i)(B) and (a)(17)(ii)(B) are 
revised to read as follows:
    (a) * * *
    (17) * * *
    (i) * * *
    (B) Visual inspection of the wheelchair or mobility aid reveals no 
obvious defects;
* * * * *
    (ii) * * *
    (B) The lithium ion battery and any spare batteries are carried in 
the same manner as spare batteries in paragraph (a)(18) of this 
section.
* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

0
42. The authority citation for part 177 continues to read as follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.


0
43. In Sec.  177.848, paragraph (c) is revised to read as follows:


Sec.  177.848  Segregation of hazardous materials.

* * * * *
    (c) In addition to the provisions of paragraph (d) of this section 
and except as provided in Sec.  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 materials.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
44. The authority citation for part 178 continues to read as follows:

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


0
45. In Sec.  178.35, paragraphs (c)(4) and (g) are revised and 
paragraph (h) is removed.
    The revisions read as follows:


Sec.  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 Sec.  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.
0
46. In Sec.  178.37, paragraphs (j) and (l) are revised to read as 
follows:


Sec.  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[deg] 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 
(IBR, see Sec.  171.7 of this subchapter), and must be

[[Page 43532]]

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.
* * * * *

0
47. In Sec.  178.71, paragraphs (c) and (p)(6) are revised to read as 
follows:


Sec.  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.
* * * * *
    (p) * * *
    (6) The test pressure in bar, preceded by the letters ``PH'' and 
followed by the letters ``BAR''.
* * * * *

0
48. In Sec.  178.320, in paragraph (a), the definition of ``Cargo tank 
wall'' is revised to read as follows:


Sec.  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 a completed 
cargo tank motor vehicle.
* * * * *

0
49. In Sec.  178.345-1, paragraph (i)(2) is revised to read as follows:


Sec.  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 Sec.  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, self-supporting 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.
* * * * *

0
50. In Sec.  178.347-1, paragraphs (c) and (d) introductory text are 
revised to read as follows:


Sec.  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 
Sec.  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.
* * * * *

0
51. In Sec.  178.347-4, paragraph (b) is revised to read as follows:


Sec.  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 Sec.  178.347-1(c) or built to withstand full vacuum 
in accordance with Sec.  178.347-1(d).
* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
52. The authority citation for part 180 continues to read as follows:

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

0
53. In Sec.  180.417, paragraph (b)(1)(v) is revised to read as 
follows:


Sec.  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 Sec.  180.407(d)(5), 
Sec.  180.407(e)(3), Sec.  180.407(f)(3), or Sec.  180.407(i);
* * * * *

    Issued in Washington, DC, on July 8, 2011, under authority 
delegated in 49 CFR Part 1.
Cynthia L. Quarterman,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2011-17687 Filed 7-19-11; 8:45 am]
BILLING CODE 4910-60-P