[Federal Register: September 25, 2006 (Volume 71, Number 185)]
[Proposed Rules]
[Page 55757-55773]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25se06-9]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 172, 173, 175, 177, 178, and 180
[Docket No. PHMSA-05-21812 (HM-218D)]
RIN 2137-AE10
Hazardous Materials; Miscellaneous Amendments
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
[[Page 55758]]
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: PHMSA proposes to make miscellaneous amendments to the
Hazardous Materials Regulations based on petitions for rulemaking and
PHMSA initiatives. These proposed amendments are intended to update,
clarify or provide relief from certain regulatory requirements. Among
other provisions, PHMSA is proposing a new proper shipping name and UN
identification number for fuel mixtures composed of ethanol and
gasoline to help emergency response personnel respond appropriately to
incidents involving such fuel mixtures. In addition, PHMSA proposes to
update certain incorporations by reference, revise and clarify certain
hazard communication requirements, and clarify transportation
requirements applicable to dry ice, detonator assemblies and
explosives. PHMSA also proposes to provide expanded exceptions from
regulation for household hazardous wastes and small amounts of
materials used in pharmaceutical research.
DATES: Comments must be received by November 24, 2006.
ADDRESSES: You may submit comments identified by DOT DMS Docket Number
PHMSA-05-21812 by any of the following methods:
Web site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, PL-401,
Washington, DC 20590-0001.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting
comments.
Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
rulemaking. For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the Supplementary Information section of this
document. Note that all comments received will be posted, without
change, to http://dms.dot.gov including any personal information
provided. Please see the Privacy Act heading under Regulatory Analyses
and Notices.
Docket: For access to the docket to read background documents and
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Cameron Satterthwaite, Office of
Hazardous Materials Standards, (202) 366-8553, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation, 400
Seventh Street, SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
This NPRM is designed to reduce regulatory burdens on industry by
incorporating changes into the Hazardous Materials Regulations (HMR; 49
CFR Parts 171-180) based on PHMSA's own initiatives and petitions for
rulemaking submitted in accordance with 49 CFR 106.95. To this end, we
are proposing to eliminate, revise, clarify and relax certain
regulatory requirements.
In this NPRM, we are proposing to:
(1) Update incorporations by reference of industry consensus
standards issued by the Chlorine Institute and the Compressed Gas
Association (see Sec. Sec. 171.7, 173.301, 178.337-9, and 178.337-10).
(2) Add a definition for ``household wastes'' to clarify the
current exception in the HMR for transportation of such materials (see
Sec. Sec. 171.8, 173.12 and 173.134).
(3) Revise the Hazardous Materials Table (HMT) to harmonize certain
entries with international standards (see Sec. 172.101) by removing,
adding, and revising certain proper shipping names. Most significantly,
we are adding a new hazardous material entry to the HMR for ethanol and
gasoline mixtures (E85) to ensure emergency responders utilize the most
effective emergency response procedures for incidents involving fuel
mixtures of ethanol and gasoline (see item no. 9 below).
(4) Revise certain hazard communication requirements to address
marine pollutant, limited quantity, and proper shipping name markings
on packages and labels on overpacks and intermediate bulk containers
(IBCs) (see Sec. Sec. 172.203, 172.315, and 172.406).
(5) Clarify that shippers of materials for which safety permits are
required in accordance with the Federal Motor Carrier Safety
Regulations must utilize only carriers with current safety permits (see
Sec. 173.22).
(6) Clarify requirements applicable to the transportation of dry
ice on aircraft, detonator assemblies, and packagings authorized for
the transportation of certain explosives (see Sec. Sec. 173.24,
173.61, 173.62, 173.217, 175.30, and 175.900).
(7) Add an exception from HMR for small amounts of hazardous
materials (see Sec. 173.4).
(8) Clarify segregation requirements for hazardous materials
transported by motor carrier (see Sec. 177.848).
(9) The 2004 Emergency Response Guidebook (ERG2004) refers to Guide
127 (Flammable Liquids Polar/Water-Miscible) for response to incidents
involving Alcohols, n.o.s., 3, UN1987, and Denatured alcohol, 3,
NA1987. Guide 127 specifies the use of alcohol resistant foam. For
incidents involving Flammable liquid, n.o.s., (ethanol, gasoline), 3,
UN1993, and Gasohol, 3, NA1203, ERG 2004 refers to Guide 128 (Flammable
Liquids Non-Polar/Water-Immiscible). Guide 128 specifies the use of
regular foam, but contains the following warning: CAUTION: ``For
mixtures containing a high percentage of an alcohol or polar solvent,
alcohol-resistant foam may be more effective.''
To help emergency responders utilize the most effective emergency
response procedures for incidents involving fuel mixtures composed of
ethanol (or ``ethyl alcohol'') and gasoline in various concentrations
we are proposing to add a new entry ``Ethanol and gasoline mixture or
Ethanol and motor spirit or Ethanol and petrol mixture, with more than
10% ethanol, 3, UN3475, II'' to the HMT. This proposed new HMT entry is
consistent with a proposed amendment to be incorporated into the 15th
Revised Edition of the UN Model Regulations. We are also proposing to
revise the entry for ``Gasohol gasoline mixed with ethyl alcohol, with
not more than 20 percent alcohol, 3, NA1203, II'' to limit this entry
gasoline mixtures with no more than 10 percent alcohol. We are also
proposing a 2-year transition period for these proposals. (See
discussion under Sec. 171.14).
Alternative fuels such as bio-diesel, ethanol and methanol, have
been produced and used on a small scale for decades, driven by
environmental, economic, and energy security concerns. The most common
of these fuels is designated E85. E85 is composed of 85 percent ethyl
alcohol (ethanol) and 15 percent petroleum (gasoline) and is being used
in increasing volumes in the United States. Fires involving E85 and
other ethanol/gasoline mixtures containing more than 10% ethanol should
be treated differently than traditional gasoline fires because these
[[Page 55759]]
mixtures are polar/water-miscible flammable liquids (i.e., they mix
with water) and will degrade the effectiveness of fire-fighting foam
that is not alcohol-resistant.
We understand that if we adopt this new shipping description, fuel
suppliers and cargo tank operators may incur additional costs associate
with revisions to the hazard communication requirements. Therefore, we
are interested in identifying measures to minimize costs while
effectively communicating the hazards to the emergency response
community. Because numerical data for these proposals are difficult to
obtain, we invite commenters to address the merits of the proposal to
add the new entry ``Ethanol and gasoline mixture or Ethanol and motor
spirit or Ethanol and petrol mixture, with more than 10% ethanol,'' 3,
UN3475, II to the HMT and of the proposal to limit the entry for
``Gasohol gasoline mixed with ethyl alcohol, with not more than 20
percent alcohol, 3, NA1203, II to gasoline mixtures with no more than
10 percent alcohol.
To provide outreach to emergency responders, PHMSA issued a Safety
Alert to provide emergency responders with guidance on appropriate
procedures for responding to incidents involving fuel mixtures composed
of ethanol. In addition, PHMSA is providing Hazardous Material
Emergency Preparedness Grants to emergency responders for planning and
training which includes training for responses to incidents involving
gasoline and ethanol mixtures. PHMSA is also partnering with the
Renewable Fuel Association and the International Association of Fire
Chiefs to revise existing safety training materials for emergency
response personnel to include guidance for responding to incidents
involving gasoline and ethanol fuel mixtures.
These proposals are discussed in more detail in the section-by-
section review.
II. Section-by-Section Review
The following is a section-by-section summary of the proposed
changes.
Part 171
Section 171.4
Section 171.4 prohibits the transportation of materials meeting the
definition of a marine pollutant except in accordance with HMR
requirements. Currently, paragraph (c) excepts marine pollutants
transported in non-bulk packagings from HMR requirements, unless the
transportation is by vessel. We are proposing to revise paragraph (c)
to clarify shipments for which all or part of the transportation is by
vessel must conform to applicable HMR requirements, even if the initial
transportation is by rail or highway. A more complete explanation of
this issue can be found in the preamble discussion for Sec. 172.203.
Section 171.7
We have reviewed the updated Chlorine Institute's pamphlets
pertaining to cargo tanks and bulk transfer facilities. We have also
reviewed the updated Compressed Gas Association's pamphlets pertaining
to compressed gas cylinders. As a result, we have found no provisions
that would impose additional requirements or would have an adverse
impact on safety. Therefore, we are proposing to update, revise, and
add the following incorporation by reference (IBR) materials in
paragraph (a)(3), within the Table of material incorporated by
reference,:
In response to a Chlorine Institute petition (P-1444),
under the entry ``Chlorine Institute,'' we propose to update ``Type
1\1/2\ JQ 225, Dwg., H51970, Revision D April 5, 1989; or Type 1\1/2\
JQ 225, Dwg. H50155, Revision F, April 4, 1989'' to Revisions F and H
respectively.
In response to a Chlorine Institute petition (P-1444),
under the entry ``Chlorine Institute,'' we propose to update ``Section
3, Pamphlet 57, Emergency Shut-Off Systems for Bulk Transfer of
Chlorine, 3rd Edition, October 1997'' to the 4th Edition, October 2003.
In response to a Chlorine Institute petition (P-1444),
under the entry ``Chlorine Institute,'' we propose to add ``Section 3,
Pamphlet 166 Angle Valve Guidelines for Chlorine Bulk Transportation,
1st Edition, October 2002.''
In response to a Chlorine Institute petition (P-1444) and
a Midland Manufacturing Corporation petition (P-1448), under the entry
``Chlorine Institute,'' we propose to add ``Typical Manway Arrangement
Chlorine Cargo Tank, Dwg. 137-5, November 1996.''
In response to a Chlorine Institute petition (P-1444),
under the entry ``Chlorine Institute,'' we propose to remove the
section reference for ``Standards for Housing and Manway Covers for
Steel Cargo Tanks, Dwgs. 137-1 and 137-2, September 1, 1982.''
We propose to update ``CGA Pamphlet C-5 Cylinder Service
Life--Seamless Steel High Pressure Cylinders, 1991'' to the reaffirmed
1995 Edition.
In response to a Compressed Gas Association (CGA) petition
(P-1472), we propose to update ``CGA Pamphlet C-7, A Guide for the
Preparation of Precautionary Markings of Compressed Gas Containers,
appendix A, issued 1992 (6th Edition)'' to the 2004 (Eighth) Edition.
The updated pamphlet allows for hazard class numbers to be placed on
subsidiary labels which is prohibited in the 1992 edition.
In response to a Compressed Gas Association (CGA) petition
(P-1440), we propose to permit the use of ``CGA Pamphlet S-1.1,
Pressure Relief Device Standards-Part 1-Cylinders for Compressed Gases,
2005 (with the exception of paragraph 9.1.1.1), Twelfth Edition'' for
DOT specification cylinders and UN pressure receptacles. Currently, the
Ninth edition (1996) is authorized for DOT specification cylinders and
the Eleventh edition (2003) is authorized for UN pressure receptacles.
In response to a CGA petition (P-1440), we propose to
update ``CGA Pamphlet S-7, Method for Selecting Pressure Relief Devices
for Compressed Gas Mixtures in Cylinders, 1996'' to the 2005 Edition.
We propose to update ``ISO 7225, Gas cylinders--
Precautionary labels, First Edition, November 1994, (Corrected and
reprinted August 1995), (E)'' to the Second edition, July 2005.
We are also proposing to revise paragraph (b) of this section,
which is the list of informational materials not requiring
incorporation by reference, to add an additional reference to guidance
material for those who perform hydrostatic testing and visual
inspections on cylinders. This document is entitled ``CGA Pamphlet C-
1.1-Personnel Training and Certification Guidelines for Cylinder
Requalification By the Volumetric Expansion, issued 2004 (1st
Edition).''
Section 171.8
The HMR, in Sec. 173.134(b)(13)(i), include an exception from
regulatory requirements for household wastes. However, the HMR
currently do not define ``household wastes.'' In this NPRM, we are
proposing to add a new definition for ``Household wastes'' to mean
``any solid waste (including garbage, trash, and sanitary waste from
septic tanks) derived from households (including single and multiple
residences, hotels and motels, bunkhouses, ranger stations, crew
quarters, campgrounds, picnic grounds, and day-use recreation areas).''
We are also proposing to clarify that household wastes are not subject
to the HMR. See the preamble discussion for Sec. 173.12 for
[[Page 55760]]
a more complete explanation of this clarification.
Section 171.14
This section lists specific transition periods for certain
provisions adopted into the HMR. In this NPRM, to provide shippers,
carriers and emergency responders sufficient time to plan for and
implement the proposed new shipping description pertaining to E85 with
minimal costs (see Sec. 171.101), we propose to add a new paragraph
(g) to provide a 2-year transition period for the mandatory use of the
revised proper shipping description ``Gasohol gasoline mixed with ethyl
alcohol, with not more than 10% alcohol.''
Part 172
Section 172.101 Hazardous Materials Table (HMT)
The 2004 Emergency Response Guidebook (ERG2004) refers to Guide 127
(Flammable Liquids Polar/Water-Miscible) for response to incidents
involving Alcohols, n.o.s., 3, UN1987, and Denatured alcohol, 3,
NA1987. Guide 127 specifies the use of alcohol resistant foam. For
incidents involving Flammable liquid, n.o.s., (ethanol, gasoline), 3,
UN1993, and Gasohol, 3, NA1203, ERG 2004 refers to Guide 128 (Flammable
Liquids Non-Polar/Water-Immiscible). Guide 128 specifies the use of
regular foam, but contains the following warning: CAUTION: ``For
mixtures containing a high percentage of an alcohol or polar solvent,
alcohol-resistant foam may be more effective.''
To help emergency responders utilize the most effective emergency
response procedures for incidents involving fuel mixtures composed of
ethanol (or ``ethyl alcohol'') and gasoline in various concentrations
we are proposing to add a new entry ``Ethanol and gasoline mixture or
Ethanol and motor spirit or Ethanol and petrol mixture, with more than
10% ethanol, 3, UN3475, II'' to the HMT. This proposed new HMT entry is
consistent with a proposed amendment to be incorporated into the 15th
Revised Edition of the UN Model Regulations. We are also proposing to
revise the entry for ``Gasohol gasoline mixed with ethyl alcohol, with
not more than 20 percent alcohol, 3, NA1203, II'' to limit this entry
gasoline mixtures with no more than 10 percent alcohol. We are also
proposing a 2-year transition period for these proposals. (See
discussion under Sec. 171.14)
Alternative fuels such as bio-diesel, ethanol and methanol, have
been produced and used on a small scale for decades, driven by
environmental, economic, and energy security concerns. The most common
of these fuels is designated E85. E85 is composed of 85 percent ethyl
alcohol (ethanol) and 15 percent petroleum (gasoline) and is being used
in increasing volumes in the United States. Fires involving E85 and
other ethanol/gasoline mixtures containing more than 10% ethanol should
be treated differently than traditional gasoline fires because these
mixtures are polar/water-miscible flammable liquids (i.e., they mix
with water) and will degrade the effectiveness of fire-fighting foam
that is not alcohol-resistant.
We understand that if we adopt this new shipping description, fuel
suppliers and cargo tank operators may incur additional costs associate
with revisions to the hazard communication requirements. Therefore, we
are interested in identifying measures to minimize costs while
effectively communicating the hazards to the emergency response
community. Because numerical data for these proposals are difficult to
obtain, we invite commenters to address the merits of the proposal to
add the new entry ``Ethanol and gasoline mixture or Ethanol and motor
spirit or Ethanol and petrol mixture, with more than 10% ethanol,'' 3,
UN3475, II to the HMT and of the proposal to limit the entry for
``Gasohol gasoline mixed with ethyl alcohol, with not more than 20
percent alcohol, 3, NA1203, II to gasoline mixtures with no more than
10 percent alcohol. Commenters may wish to consider the following
questions:
--What cost impacts are associated with our proposal to add a new entry
to the HMT for fuel mixtures containing ethanol?
--What cost impacts are associated with our proposed revision to the
HMT entry for gasohol?
--Are two separate entries for ``Ethanol and gasoline mixture or
Ethanol and motor spirit or Ethanol and petrol mixture, with more than
10% ethanol'' and ``Gasohol gasoline mixed with ethyl alcohol, with not
more than 10 percent alcohol'' necessary or should all alcohol/gasoline
mixtures be transported using a single proper shipping name?
--Does the proposed 2-year transition period provide sufficient time
for shippers and carriers to incorporate the proposed new shipping name
and UN number into shipping papers and package markings with minimal
disruptions to normal business operations? Given the emergency response
concerns about incidents involving ethanol/gasoline mixtures, should
the proposed 2-year transition period be shortened to ensure that the
new shipping name and UN number are utilized as quickly as possible?
How should we balance these two potentially competing goals?
We are also proposing to harmonize certain entries in the HMR with
the most recent editions of the UN Recommendations for the Transport of
Dangerous Goods (UN Recommendations), the International Civil Aviation
Organization Technical Instructions for the Safe Transport of Dangerous
Goods by Air (ICAO Technical Instructions), and the International
Maritime Organization Dangerous Goods Code (IMDG Code), and correct
other entries, as follows:
The entry ``Radioactive material, Type A package non-
special form, non fissile or fissile-excepted, UN2915'' is revised to
add a reference ``419'' to column (8B) and ``418'' to column (8C). This
proposed revision will correct these packaging references inadvertently
omitted in a final rule published on September 23, 2005, under Docket
No. PHMSA 05-22071 (HM-189Y; 70 FR 56084).
The entry ``Sodium aluminate, solid, UN2812,'' is revised
to include an ``A'' in column 1 of the HMT to indicate this material is
only regulated when offered or intended for transportation by aircraft.
We propose to revise this entry to align with the UN Recommendations,
which only apply to solid forms of sodium aluminate when transported by
air. Under the ICAO Technical Instructions, sodium aluminate is
regulated for air transportation because of its corrosive effects on
aluminum, which is the primary construction material for aircraft.
We are proposing to add several new entries to the HMT to
assist shippers in determining the most appropriate hazardous materials
description to use when shipping polyamines. The proposed new entries
include:
--Polyamines, flammable, corrosive, n.o.s. see Amines, flammable,
corrosive, n.o.s.
--Polyamines, liquid, corrosive, flammable, n.o.s. see Amines, liquid,
corrosive, flammable, n.o.s.
--Polyamines, liquid, corrosive, n.o.s. see Amines, liquid, corrosive,
n.o.s.
We are proposing to remove the entry ``Gas generator
assemblies (aircraft), containing a non-flammable non-toxic gas and a
propellant cartridge.'' This description was removed from the ICAO
Technical Instructions in the 2003-2004 edition. In addition, we are
proposing to remove the packaging section for gas generator
[[Page 55761]]
assemblies specified in Sec. 173.335 in its entirety.
Section 172.102
When column 7 of the Sec. 172.102 table refers to a special
provision for a hazardous material, the meaning and requirements of
that special provision are set forth in this section. In this NPRM, we
are proposing to add a new Special Provision 177 and revise Special
Provision B69. The proposed special provision addition and revision are
as follows:
Consistent with the proposed new proper shipping
description ``Ethanol and gasoline mixture or Ethanol and motor spirit
or Ethanol and petrol mixture, with more than 10% ethanol, 3, UN3475,
II,'' we are proposing to add a new Special Provision 177 to specify
proper applicability of this description.
Currently, Special Provision B69 specifies that ``Dry
sodium cyanide or potassium cyanide'' may be shipped in a sift-proof
weather-resistant metal covered hopper car, covered motor vehicle,
portable tank or non-specification bin. Bins must be approved by the
Associate Administrator. We are proposing to amend Special Provision
B69 to clarify that metal covered hopper cars, covered motor vehicles,
portable tanks, and non-specification bins must be sift-proof and
weather-resistant. The current wording of this special provision has
caused some confusion as to whether the requirement for the packaging
to be sift-proof and weather-resistant applies only to metal-covered
hopper cars or to all packagings authorized for the transportation of
dry sodium cyanide and potassium cyanide. In addition, we are proposing
to amend Special Provision B69 to remove the requirement for bins to be
approved by the Associate Administrator.
So long as the bins meet applicable requirements, approval is not
necessary.
Section 172.203
Section 172.203(l) addresses shipping paper requirements for
shipments of marine pollutants. Paragraph (l)(4) excepts marine
pollutants in non-bulk packagings from the requirements of the HMR
unless the transportation is by vessel. The International Vessel
Operators Hazardous Materials Association, Inc. (VOHMA) petitioned
PHMSA (P-1465) to amend paragraph (l)(4) to clarify that the exception
for non-bulk packages of marine pollutants transported by motor
vehicle, rail car or aircraft does not apply to a marine pollutant
``intended for transport'' aboard a vessel. VOHMA states the current
language suggests the consignor who prepares the shipment and offers it
in intermodal transportation has no obligation to declare the marine
pollutant on the shipping paper if the initial transport is by motor
vehicle or rail. Because the current language in the HMR suggests there
is no obligation by the consignor, when preparing a non-bulk shipment
for intermodal transportation, to indicate on a shipping paper the
words ``Marine Pollutant'' in association with the basic description
for a material which is a marine pollutant, a shipment intended for
transportation by vessel and initially offered into transportation by
highway, rail or air may be improperly described on the vessel shipping
documents by a freight forwarder. This was not our intention when this
provision was originally adopted. Therefore, we are proposing to revise
paragraph (l)(4) to clarify that marine pollutants in non-bulk
packagings transported all or in part by vessel must be indicated on a
shipping paper by the words ``Marine Pollutant'' in association with
the basic description.
Section 172.315
Except for transportation by aircraft, this section excepts limited
quantity shipments of hazardous materials from the requirement for
marking the proper shipping name of the material on the package when
the identification number of the material is shown within a square-on-
point configuration. Section 172.324 requires materials that are
hazardous substances, as defined in Sec. 171.8, to be marked with the
name of the hazardous substance and the letters ``RQ'' in association
with the proper shipping name. We are proposing to clarify if a shipper
identifies a limited quantity material which is also a hazardous
substance, the shipper is required to mark the letters ``RQ'' on the
package in association with the square-on-point configuration
containing the identification number of the material. We also invite
comments on whether or not the name of the hazardous substance should
also be included along with letters ``RQ,'' even though the proper
shipping name is not required.
Section 172.336
Paragraphs (c)(4) and (c)(5) except from the identification number
marking requirements each of the different liquid petroleum distillate
fuels, including gasoline and gasohol, transported in a compartmented
cargo tank, tank car or cargo tank, if the identification number is
displayed for the liquid petroleum distillate fuel having the lowest
flash point. As a result of the proposed new HMT entry ``Ethanol and
gasoline mixture or Ethanol and motor spirit or Ethanol and petrol
mixture, with more than 10% ethanol,'' 3, UN3475, II, individuals could
attempt to apply this exception to the proposed new entry, which is not
our intent (see discussion under Sec. 172.101). Therefore, to
eliminate any confusion, we are proposing to revise paragraphs (c)(4)
and (c)(5) to specify the provisions of the paragraphs (c)(4) and
(c)(5) do not apply to ``Ethanol and gasoline mixture or Ethanol and
motor spirit or Ethanol and petrol mixture, with more than 10%
ethanol.'' We are also proposing a 2-year transition period for this
proposal. We understand that if we adopt this new shipping description,
fuel suppliers and cargo tank operators may incur additional costs
associated with revisions to the hazard communication requirements.
Therefore, we are interested in identifying measures to minimize costs
while effectively communicating the hazards to the emergency response
community. As a result of this proposal, we invite commenters to
specifically address the following questions:
--Does the proposed 2-year transition period provide sufficient time
for shippers and carriers to incorporate the proposed new shipping name
and UN number into shipping papers and package markings with minimal
disruptions to normal business operations? Given the emergency response
concerns about incidents involving ethanol/gasoline mixtures, should
the proposed 2-year transition period be shortened to ensure that the
new shipping name and UN number are utilized as quickly as possible?
How should we balance these two potentially competing goals?
--Are there measures that can be employed to ease potential costs to
shippers and carriers with respect to cargo tanks that are permanently
marked?
--What are the cost impacts of our proposal to limit the applicability
of the current exceptions in Sec. 172.336 (c)(4) and (c)(5)?
Section 172.406
Paragraph (e) of this section prescribes requirements for the
duplicate labeling of packages based on size. Paragraph (e)(1) requires
each package or overpack having a volume of 1.8m3 (64 cubic
feet) or more to be labeled on at least two sides or two ends (other
than the bottom of the package). There has been some confusion as to
whether this requirement also applies to IBCs. Therefore, we are
proposing to add a new paragraph (e)(6) to clarify IBCs having a volume
of 1.8m3 (64 cubic
[[Page 55762]]
feet) or more are required to be labeled on at least two sides or two
ends.
Part 173
Section 173.4
This section establishes exceptions for small quantities of
hazardous materials. The Dangerous Goods Advisory Council (DGAC) (P-
1454) and Pharmaceutical Research and Manufacturers of America (PhRMA)
(P-1457) petitioned PHMSA to provide an exception from the HMR for de
minimis quantities, less than 1 gram for solids and less than 1
milliliter for liquids, of PG II and PG III materials of Class 3,
Division 4.1, Division 4.2, Division 4.3, Division 5.1, Division 6.1,
Class 8, and Class 9. The petitioners estimate an annual cost savings
of approximately $1 million if their petitions are implemented. After
reviewing the petitions and evaluating the risks associated with the de
minimis quantities, we agree with the petitioners that because these
materials are present in minute quantities, usually a gram or less, and
are packaged in such a manner, and have determined that safety would
not be undermined by allowing these minute quantities and would not
pose an unreasonable risk during transportation. Therefore, we are
proposing to add a new paragraph (e) to provide conditions for
authorizing de minimis quantities of these materials to be excepted
from the HMR.
Section 173.5
This section establishes the conditions under which agricultural
products such as pesticides and fertilizers are excepted from HMR
requirements. Paragraph (b)(2) specifies limits for the amount of
agricultural product that may be transported in a single vehicle in
order to utilize the exception applicable to transportation to or from
a farm, within 150 miles of the farm. The HMR do not define the term
``single vehicle;'' thus, it is not clear whether the exception applies
to agricultural products transported in a single ``motor vehicle'' or
``transport vehicle.'' To clarify this exception, we are proposing to
revise paragraph (b)(2) to replace the term ``vehicle'' with ``motor
vehicle.'' The term ``motor vehicle'' is defined in Sec. 171.8 to mean
a vehicle, machine, tractor, trailer, or semi-trailer, or any
combination thereof, propelled or drawn by mechanical power and used on
the highways to transport people or property.
Section 173.12
In a final rule published on January 24, 2005, under Docket No.
RSPA 03-16370 (HM-233; 70 FR 3304), we added a new paragraph (e) to
this section to authorize the storage, loading and transportation of
waste cyanide and waste cyanide mixtures or solutions with Class 8
acids under certain conditions. Acids are not only found in Class 8,
but also in Class 3 and in Divisions 4.1, 4.2, 4.3, 5.1 and 5.2. We
believe acids in the aforementioned Classes and Divisions may be safely
transported and stored with waste cyanide and waste cyanide mixtures or
solution under the conditions specified in Sec. Sec. 174.81(c),
176.83(b), and 177.848(c). Therefore, in this NPRM, we are proposing to
revise paragraph (e) to authorize the transportation of waste cyanides
and waste cyanide mixtures or solutions with all acids.
In this section, we are also proposing to add a new paragraph (f)
to specify that materials meeting the proposed definition of
``household wastes'' in Sec. 171.8 would not be subject to the
requirements of the HMR. Currently, Sec. 173.134(b)(13) excepts any
waste or recyclable material, other than regulated medical waste, from
regulation under the HMR. However, the location of this exception in
the section of Part 173 that establishes definitions for Division 6.2
materials (infectious substances) suggests the current exception
excepts household wastes only from requirements applicable to Division
6.2 materials. This was not our intention. In letters of
interpretation, including an October 8, 2004 letter to Mr. David Allard
of Pennsylvania Department of Environmental Protection (Ref. No. 04-
0197), we specify household wastes as being excepted from the HMR. The
addition of a broad exception for ``household wastes'' in the proposed
paragraph (f) will clarify our intent.
Section 173.22
This section establishes a shipper's responsibility for complying
with applicable requirements of the HMR. National Tank Truck Carriers
(NTTC) petitioned PHMSA (P-1469) to amend this section to specify that
shippers who offer certain hazardous materials for transportation must
use carriers holding a valid safety permit issued by the Federal Motor
Carrier Safety Administration (FMCSA). FMCSA regulations (49 CFR Part
385, Subpart E) require motor carriers transporting certain types and
amounts of hazardous materials to apply for a safety permit. To obtain
a safety permit, a carrier must have a ``satisfactory'' safety rating
and must meet certain other safety and security requirements. The
safety permit requirements apply to motor carriers transporting: (1) A
highway route-controlled quantity of a Class 7 (radioactive) material;
(2) certain high explosives; (3) certain TIH materials; and (4) certain
bulk shipments of liquefied methane gas and liquefied natural gas. A
carrier may not transport any of the listed materials unless it has a
valid safety permit. In response to the NTTC petition, we are proposing
in this NPRM to prohibit a person from offering any of the materials
for which a safety permit is required to a motor carrier not possessing
a valid safety permit.
Section 173.24
This section establishes general requirements for packagings and
packages. Paragraph (g) of this section addresses venting from packages
during transportation and currently specifies that a package containing
a hazardous material and transported on board an aircraft must not
vent. This provision conflicts with current Sec. 173.217, which
requires carbon dioxide, solid (dry ice) to be packed in packagings
designed and constructed to permit the release of carbon dioxide gas to
prevent a buildup of pressure that could rupture the packaging when
offered for transportation or transported by aircraft or water. To
eliminate these contradictory requirements, in this NPRM we are
proposing to revise paragraph (g)(1) to specify that the venting of
packagings containing carbon dioxide, solid (dry ice) would not be
prohibited for air transportation. We also invite comments on other
materials to which this provision would also apply.
Section 173.61
This section establishes general requirements for transporting
Class 1 materials (explosives) in the same outside packaging. Paragraph
(c) of this section lists specific explosives that may not be
transported in the same outside packaging as other Class 1 materials.
In a final rule published May 6, 1997 (HM 215B; 62 FR 24708) we added a
new entry to the Hazardous Materials Table ``Detonator, assemblies,
non-electric for blasting,'' UN0500. This entry should have also been
added to paragraph (c) to indicate that this material is not authorized
to be packed together with other Class 1 explosives. Therefore, we are
proposing to correct this oversight by amending paragraph (c) to
include UN 0500 ``Detonator assemblies, non-electric for blasting.''
Section 173.62
This section establishes specific packaging requirements for Class
1 materials. The Table of Packing Methods in paragraph (c) specifies
the packing instructions assigned to each
[[Page 55763]]
explosive. To harmonize the HMR with international standards and to
remove a source of potential confusion within the regulated community,
we are proposing to revise packing instruction (PI) 134 in the Table of
Packing Methods, in paragraph (c), to authorize the use of a
specification 4H1 plastic box as an outer packaging for certain
explosives.
Section 173.134
This section establishes definitions and exceptions for infectious
substances. Paragraph (b)(13)(i) contains an exception from the
requirements of the HMR relative to Division 6.2 materials for waste
derived from households. We are proposing to revise this paragraph to
incorporated the proposed new household waste definition in Sec.
171.8. See preamble discussions in specified above in Sec. Sec. 171.8
and 173.12 for background information.
Section 173.217
This section establishes packaging requirements for carbon dioxide,
solid (dry ice). We are proposing to revise this section for clarity
and to harmonize the HMR with requirements in the ICAO Technical
Instructions applicable to the transportation of dry ice by air.
Currently under paragraph (d), the HMR require the shipper to have a
specific and special written arrangement with the air carrier to
transport more than 441 pounds of dry ice in a single compartment. The
ICAO Technical Instructions no longer include this requirement. The
United Parcel Service (UPS) petitioned PHMSA (P-1439) to amend this
section for consistency with the most recent edition of the ICAO
Technical Instructions. We agree and are proposing to revise the
current paragraph (d) accordingly. In addition, we are proposing to
revise paragraph (d) to address air specific provisions such as
ventilation safety procedures, net mass marking requirements, and
quantity limit exceptions for dry ice used as a refrigerant for non-
hazardous materials. In addition, we are proposing requirements for air
carriers who transport dry ice in the proposed new Sec. 175.900. See
Sec. 175.900 preamble discussion.
Currently, paragraph (e) in Sec. 173.217 provides an exception
from the shipping paper and certification requirements for dry ice
shipments prepared in accordance with paragraphs (a) and (d) provided
the package is marked ``Carbon dioxide, solid'' or ``Dry ice'' and with
an indication that the material being refrigerated is used for
diagnostic or treatment purposes. To eliminate any confusion, we are
proposing to revise paragraph (e) to specify only dry ice actually used
to refrigerate materials being shipped for diagnostic or treatment
purposes may be transported under this exception.
For clarity and ease of use by the reader, we are proposing to
consolidate the modal requirements applicable to dry ice by relocating
the vessel provisions to paragraph (b) and the aircraft provisions to
paragraph (c). As a result of this proposal, the dry ice provisions
relative to diagnostic specimens currently in paragraph (e) would be
moved to paragraph (d).
Section 173.301
This section establishes general requirements for the
transportation of compressed gases in cylinders and spherical pressure
vessels. Paragraph (f) of this section addresses pressure relief
devices (PRDs); paragraph (g) addresses manifolding cylinders in
transportation. CGA petitioned PHMSA (P-1440) to update the
incorporation by reference of CGA Pamphlets S-1.1 and S-7, which are
both referenced in paragraphs (f)(1) and (g)(1). The pamphlets contain
requirements for PRDs on cylinders. We reviewed the differences between
currently referenced pamphlets and the updated pamphlets. We agree the
incorporations by reference should be updated to the current editions.
Section 173.335
This section establishes requirements for the transportation of gas
generator assemblies. This entry was initially added in a December 21,
1990 (55 FR 52402; HM-181) rulemaking to harmonize the HMR with various
international standards such as the ICAO Technical Instructions, IMDG
Code, and UN Recommendations. However, ICAO removed this entry in the
2003-2004 edition of the ICAO Technical Instructions. Therefore, we are
proposing to remove this section in its entirety to harmonize with
ICAO. The removal of this entry does not mean that the material is not
subject to the HMR. Section 173.22 requires each shipper to properly
class a material and prepare it for transportation. See the preamble
discussion under Sec. 172.101 Hazardous Materials Table (HMT)
regarding Gas generator assemblies.
Part 175
Section 175.10
This section establishes exceptions for the transportation of
certain hazardous materials by aircraft, including hazardous materials
that may be carried by passengers or crew members in checked or carry-
on baggage. We are proposing to revise paragraph (a)(10) to harmonize
the HMR with an ICAO provision applicable to the transportation of dry
ice in checked or carry-on baggage. Specifically, we are proposing to
authorize exceptions for shipments of dry ice used to pack perishables
in carry-on and checked baggage.
Section 175.900
In response to a UPS petition (P-1439) and to harmonize with
international standards, we are proposing to add a new Sec. 175.900 to
adopt the ICAO Technical Instructions loading requirements for carbon
dioxide, solid (dry ice). This provision will provide guidelines to the
operator for handling dry ice shipments, including informing ground
staff, checking aircraft ventilation rates, stowage, and providing the
Pilot-in-Command with information to reflect any quantity change of dry
ice. Comments are invited regarding the use of the term ``suitable
arrangements'' in this section. See the preamble discussion in Sec.
173.217 for further discussion.
Part 177
Section 177.848
This section addresses segregation requirements for hazardous
materials transported by motor carrier. Paragraph (a), which discusses
the applicability requirements for segregation, does not specifically
include all bulk packages that may be placarded instead of labeled as
packages for which segregation requirements must be met. To correct
this oversight, we are proposing to revise paragraph (a)(1) to specify
that the segregation requirements for hazardous materials would be
applicable to packages that are required to be placarded. The addition
of this provision ensures hazardous materials when packaged in IBCs and
Large Packagings are properly segregated.
Part 178
Section 178.274
This section establishes design and manufacturing requirements for
UN portable tanks. In paragraph (b)(1), the end value for temperature
range is incorrectly specified as ``-50 [deg]C.'' The negative symbol
should be removed and value should be specified as ``50 [deg]C.'' We
are proposing to revise paragraph (b)(1) to correct this error.
Section 178.337-9
This section establishes requirements for pressure relief devices,
piping, valves, hoses, and fittings on MC 331
[[Page 55764]]
specification cargo tanks. Currently, paragraph (b)(8) requires angle
valves used on cargo tanks intended for chlorine service to comply with
the standards of The Chlorine Institute Dwg. 104-8. The Chlorine
Institute (P-1444) and Midland Manufacturing Corporation (P-1448)
petitioned PHMSA to incorporate Chlorine Institute Pamphlet 166, which
contains provisions for the use of angle valves on cargo tanks in
chlorine service. In its petition, The Chlorine Institute points to DOT
exemptions/special permits such as DOT-E 9694, which has authorized the
use of an angle valve that conforms to this pamphlet for over fifteen
years. Therefore, we are proposing to revise paragraph (b)(8) to
include a reference to the Chlorine Institute's ``Section 3, Pamphlet
166 Angle Valve Guidelines for Chlorine Bulk Transportation, 1st
Edition,'' dated October 2002 to allow for the use of alternative angle
valves for cargo tanks that transport chlorine.
Section 178.337-10
This section establishes accident damage protection requirements
for MC 331 specification cargo tanks. The Chlorine Institute petitioned
PHMSA (P-1444) to update the references to the Chlorine Institute's
drawings 137-1 and 137-2 entitled ``Standards for Housing and Manway
Covers for Steel Cargo Tanks,'' dated September 1, 1982 by replacing
them with the Chlorine Institute's drawing 137-5 entitled ``Typical
Manway Arrangement Chlorine Cargo Tank,'' dated November 1996. The
petitioner states that this is necessary to provide critical manway
arrangement details to ensure the use of CI Emergency Kit C, which is
referenced in Sec. 177.840(e)(2). We are proposing to revise paragraph
(d) to incorporate the petitioner's request. We are proposing removing
the old drawings (drawings 137-1 and 137-2), completely from the HMR.
We are soliciting comments regarding this proposed deletion to
determine whether this poses an undue regulatory burden.
Part 180
Section 180.205
This section establishes general requirements for the
requalification of cylinders. Paragraph (g) of this section establishes
requirements for pressure testing. We are proposing to add a new
paragraph (g)(6) to incorporate guidance material for cylinder
requalifiers that perform volumetric expansion tests on cylinders. This
document is entitled ``CGA Pamphlet C-1.1--Personnel Training and
Certification Guidelines for Cylinder Requalification By the Volumetric
Expansion, issued 2004 (1st Edition).''
III. Sunset Provision
To assure the HMR account for new technologies and updated business
practices, PHMSA is considering whether certain requirements proposed
in this NPRM should be afforded a ``sunset'' provision. If we adopt
such a provision, certain amendments adopted through this rulemaking
would expire after a fixed amount of time (e.g. 10 years) from the
publication date of the final rule.
Certain standards that we are proposing to adopt by reference
likely will be updated periodically in response to changes in
international standards or may be replaced by other more relevant or
technically superior standards. Future changes to these standards would
have to consider whether to retain or extend the sunset date. If we
choose to do nothing, a sunset provision would mean the HMR would
revert to the language and requirements in effect before the issuance
of the final rule. We are requesting comments on whether certain
amendments should be tied to a sunset provision.
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This NPRM is published under authority of Federal hazardous
materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et
seq.). Section 5103(b) of Federal hazmat law authorizes the Secretary
of Transportation to prescribe regulations for the safe transportation,
including security, of hazardous materials in intrastate, interstate,
and foreign commerce.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This proposed rule is not considered a significant regulatory
action under section 3(f) Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget (OMB). The proposed
rule is not considered a significant rule under the Regulatory Policies
and Procedures order issued by the U.S. Department of Transportation
(44 FR 11034).
In this notice, we propose to amend miscellaneous provisions in the
HMR to clarify the provisions and to relax overly burdensome
requirements. We are also responding to requests from industry
associations, such as the Chlorine Institute and CGA, to update and add
references to standards that are incorporated in the HMR. PHMSA
anticipates the proposals contained in this rule will have economic
benefits to the regulated community. This NPRM is designed to increase
the clarity of the HMR, thereby increasing voluntary compliance while
reducing compliance costs. Further, the addition of an exception from
regulatory requirements for small amounts of hazardous materials used
in pharmaceutical research and clarification of the exception for
household hazardous wastes will result in reduced compliance costs by
eliminating some or all regulations a person must comply with and
reducing packaging costs. This NPRM also proposes to update a number of
incorporations by reference to permit the industry to utilize the most
recent versions of industry consensus standards. Incorporation of
material by reference reduces the regulatory burden on persons who
offer hazardous material for transportation and persons who transport
hazardous materials in commerce. Industry standards developed and
adopted by consensus are accepted and followed by the industry; thus,
their inclusion in the HMR assures that the industry is not forced to
comply with a different set of standards to accomplish the same safety
goal.
The 2004 Emergency Response Guidebook (ERG2004) refers to Guide 127
(Flammable Liquids Polar/Water-Miscible) for response to incidents
involving Alcohols, n.o.s., 3, UN1987, and Denatured alcohol, 3,
NA1987. Guide 127 specifies the use of alcohol resistant foam. For
incidents involving Flammable liquid, n.o.s., (ethanol, gasoline), 3,
UN1993, and Gasohol, 3, NA1203, ERG 2004 refers to Guide 128 (Flammable
Liquids Non-Polar/Water-Immiscible). Guide 128 specifies the use of
regular foam, but contains the following warning: CAUTION: ``For
mixtures containing a high percentage of an alcohol or polar solvent,
alcohol-resistant foam may be more effective.'' Therefore, to help
emergency responders utilize the most effective emergency response
procedures for incidents involving fuel mixtures composed of ethanol
(or ``ethyl alcohol'') and gasoline in various concentrations we are
proposing to add a new entry ``Ethanol and gasoline mixture or Ethanol
and motor spirit or Ethanol and petrol mixture, with more than 10%
ethanol, 3, UN3475, II'' to the HMT. Overall, the proposals in this
NPRM should reduce regulatory burdens on the regulated community while
increasing flexibility and transportation options.
[[Page 55765]]
C. Executive Order 13132
This proposed rule was analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
proposed rule would preempt State, local and Indian tribe requirements
but does not propose any regulation that has substantial direct effects
on the States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
The Federal hazardous material transportation law, 49 U.S.C.
5125(b)(1), contains an express preemption provision (49 U.S.C.
5125(b)) preempting State, local, and Indian tribe requirements on
certain covered subjects. Covered subjects are:
(i) The designation, description, and classification of hazardous
materials;
(ii) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(iii) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
content, and placement of those documents;
(iv) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials; or
(v) The design, manufacture, fabrication, marking, maintenance,
reconditioning, repair, or testing of a packaging or container which is
represented, marked, certified, or sold as qualified for use in the
transport of hazardous materials.
This proposed rule concerns the classification, packaging, marking,
labeling, and handling of hazardous materials, among other covered
subjects. If adopted as final, this rule would preempt any State,
local, or Indian tribe requirements concerning these subjects unless
the non-Federal requirements are ``substantively the same'' (see 49 CFR
107.202(d)) as the Federal requirements.
Federal hazardous materials transportation law provides at 49
U.S.C. 5125(b)(2) that if PHMSA issues a regulation concerning any of
the covered subjects, PHMSA must determine and publish in the Federal
Register the effective date of Federal preemption. That effective date
may not be earlier than the 90th day following the date of issuance of
the final rule and not later than two years after the date of issuance.
PHMSA proposes the effective date of federal preemption be 90 days from
publication of a final rule in this matter in the Federal Register.
D. Executive Order 13175
This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13175
(``Consultation and Coordination with Indian Tribal Governments'').
Because this proposed rule does not have tribal implications, does not
impose substantial direct compliance costs on Indian tribal
governments, and does not preempt tribal law, 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.
An agency must conduct a regulatory flexibility analysis unless it
determines and certifies that a rule is not expected to have a
significant impact on a substantial number of small entities. This
proposed rule would amend miscellaneous provisions in the HMR to
clarify provisions based on our own initiatives and also on petitions
for rulemaking. While maintaining safety, it would relax certain
requirements that are overly burdensome and would update references to
consensus standards that are incorporated in the HMR. The proposed
changes are generally intended to provide relief to shippers, carriers,
and packaging manufacturers, including small entities. Therefore, I
certify that this proposal, if promulgated, would not have a
significant economic impact on a substantial number of small entities.
This proposed rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.
F. Paperwork Reduction Act
This proposed rule does not impose any new information collection
requirements.
G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
H. Unfunded Mandates Reform Act
This proposed rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$120.7 million or more to either State, local, or tribal governments,
in the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
I. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347) requires Federal agencies to consider the
consequences of major Federal actions and prepare a detailed statement
on actions significantly affecting the quality of the human
environment. PHMSA proposes to make miscellaneous amendments to the HMR
based on petitions for rulemaking and PHMSA's own initiatives. The
proposed amendments are intended to update, clarify, or provide relief
from certain existing regulatory requirements to promote safer
transportation practices; eliminate unnecessary regulatory
requirements; finalize outstanding petitions for rulemaking; facilitate
international commerce; and make these requirements easier to
understand. We determined there would be no significant environmental
impacts associated with this proposed rule.
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://dms.dot.gov.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Incorporation by Reference, Labeling, Markings, Packaging and
containers,
[[Page 55766]]
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 175
Hazardous materials transportation, Air carriers, Reporting and
recordkeeping requirements.
49 CFR Part 177
Hazardous materials transportation, Incorporation by reference,
Motor carriers, Segregation requirements, Reporting and recordkeeping
requirements.
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, Incorporation by reference,
Motor carriers, Motor vehicle safety, Packaging and containers,
Railroad safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, we propose to amend 49 CFR
Chapter I as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
1. 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.
2. In Sec. 171.4, paragraph (c) is revised to read as follows:
Sec. 171.4 Marine Pollutants.
* * * * *
(c) Exceptions. Except when all or part of the transportation is by
vessel, the requirements of this subchapter specific to marine
pollutants do not apply to non-bulk packagings transported by motor
vehicle, rail car or aircraft.
3. In Sec. 171.7, in paragraph (a)(3) and (b) tables, the
following amendments are made:
a. Under the entry ``Chlorine Institute, Inc.,'' the entry ``Type
1\1/2\ JQ 225, Dwg., H51970, Revision D April 5, 1989; or Type 1\1/2\
JQ 225, Dwg. H50155, Revision F, April 4, 1989'' is revised;
b. Under the entry ``Chlorine Institute, Inc.,'' the entry
``Section 3, Pamphlet 57, Emergency Shut-Off Systems for Bulk Transfer
of Chlorine, 3rd Edition, October 1997'' is revised;
c. Under the entry ``Chlorine Institute, Inc.,'' the entry
``Section 3, Pamphlet 166 Angle Valve Guidelines for Chlorine Bulk
Transportation, 1st Edition, October 2002'' is added;
d. Under the entry ``Chlorine Institute, Inc.,'' the entry
``Typical Manway Arrangement Chlorine Cargo Tank, Dwg. 137-5, November
1996'' is added;
e. Under the entry ``Chlorine Institute, Inc.,'' the entry
``Standards for Housing and Manway Covers for Steel Cargo Tanks, Dwgs.
137-1 and 137-2, September 1, 1982'' is removed;
f. Under the entry ``Compressed Gas Association, Inc.,'' the entry
``CGA Pamphlet C-5 Cylinder Service Life--Seamless Steel High Pressure
Cylinders, 1991'' is revised;
g. Under the entry ``Compressed Gas Association, Inc.,'' the entry
``CGA Pamphlet C-7, A Guide for the Preparation of Precautionary
Markings of Compressed Gas Containers, appendix A, issued 1992 (6th
Edition)'' is revised;
h. Under the entry ``Compressed Gas Association, Inc.,'' the entry
``CGA Pamphlet S-1.1, Pressure Relief Device Standards--Part 1--
Cylinders for Compressed Gases, 2001 (with the exception of paragraph
9.1.1.1), Ninth Edition'' is removed;
i. Under the entry ``Compressed Gas Association, Inc.,'' the entry
``CGA Pamphlet S-1.1, Pressure Relief Device Standards--Part 1--
Cylinders for Compressed Gases, 2003 (with the exception of paragraph
9.1.1.1), Eleventh Edition'' is removed;
j. Under the entry ``Compressed Gas Association, Inc.,'' the entry
``CGA Pamphlet S-1.1, Pressure Relief Device Standards--Part 1--
Cylinders for Compressed Gases, 2005 (with the exception of paragraph
9.1.1.1), Twelfth Edition'' is added;
k. Under the entry ``Compressed Gas Association, Inc.,'' the entry
``CGA Pamphlet S-7, Method for Selecting Pressure Relief Devices for
Compressed Gas Mixtures in Cylinders, 1996'' is revised;
l. Under the entry ``International Organization for
Standardization,'' the entry ``ISO 7225, Gas cylinders--Precautionary
labels, First Edition, November 1994, (Corrected and reprinted August
1995), (E)'' is revised; and
m. In paragraph (b), a new entry ``Compressed Gas Association,
Inc.,'' 4221 Walney Road, 5th Floor, Chantilly, Virginia 20151, ``CGA
Pamphlet C-1.1--Personnel Training and Certification Guidelines for
Cylinder Requalification By the Volumetric Expansion, issued 2004 (1st
Edition)'' is added in alphabetical order.
The revisions and additions read as follows:
Sec. 171.7 Reference material.
(a) * * *
(3) Table of material incorporated by reference. * * *
------------------------------------------------------------------------
49 CFR
Source and name of material reference
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
Chlorine Institute, Inc.
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
Type 1\1/2\ JQ 225, Dwg., H51970, Revision F, November 173.315.
1996; or Type 1\1/2\ JQ 225, Dwg. H50155, Revision H,
November 1996.............................................
Section 3, Pamphlet 57, Emergency Shut-Off Systems for Bulk 177.840.
Transfer of Chlorine, Edition 4, October 2003.............
Section 3, Pamphlet 166 Angle Valve Guidelines for Chlorine 178.337-9.
Bulk Transportation, 1st Edition, October 2002............
* * * * * * *
Typical Manway Arrangement Chlorine Cargo Tank, Dwg 137-5, 178.337-10.
November 1996.............................................
[[Page 55767]]
* * * * * * *
------------------------------------------------------------------------
Compressed Gas Association, Inc.
------------------------------------------------------------------------
* * * * * * *
CGA Pamphlet C-5, Cylinder Service Life--Seamless Steel 172.302(a).
High Pressure Cylinders, 1991 (reaffirmed 1995)...........
* * * * * * *
CGA Pamphlet C-7, Guide to Preparation of Precautionary 172.400a.
Labeling and Marking of Compressed Gas Containers,
appendix A, issued 2004 (8th Edition).....................
* * * * * * *
CGA Pamphlet S-1.1, Pressure Relief Device Standards--Part 173.301,
1--Cylinders for Compressed Gases, 2005 (with the 173.304a,
exception of paragraph 9.1.1.1), Twelfth Edition.......... 178.75.
* * * * * * *
CGA Pamphlet S-7, Method for Selecting Pressure Relief 173.301.
Devices for Compressed Gas Mixtures in Cylinders, 2005....
* * * * * * *
------------------------------------------------------------------------
International Organization for Standardization,
------------------------------------------------------------------------
* * * * * * *
ISO 7225, Gas cylinders--Precautionary labels, Second 178.71
Edition, July 2005, (E)...................................
* * * * * * *
------------------------------------------------------------------------
(b) List of informational materials not requiring incorporation by
reference.
* * * * *
------------------------------------------------------------------------
49 CFR
Source and name of material reference
------------------------------------------------------------------------
* * * * * * *
Compressed Gas Association, Inc., 4221 Walney Road, 5th
Floor, Chantilly, Virginia 20151.
CGA Pamphlet C-1.1, Personnel Training and Certification 180.209.
Guidelines For Cylinder Requalification By the Volumetric
Expansion Method, 2004, First Edition.....................
* * * * * * *
------------------------------------------------------------------------
4. In Sec. 171.8, a new definition for ``Household waste'' is
added in alphabetical order as follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Household waste means any solid waste (including garbage, trash,
and sanitary waste from septic tanks) derived from households
(including single and multiple residences, hotels and motels,
bunkhouses, ranger stations, crew quarters, campgrounds, picnic
grounds, and day-use recreation areas).
* * * * *
5. In Sec. 171.14, a new paragraph (g) is added to read as
follows:
Sec. 171.14 Transitional provisions for implementing certain
requirements.
* * * * *
(g) The proper shipping name ``Gasohol gasoline mixed with ethyl
alcohol, with not more than 20% alcohol'' in effect on [DATE OF
PUBLICATION OF FINAL RULE] may continue to be used until [DATE TWO
YEARS FROM EFFECTIVE DATE OF FINAL RULE].
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
6. The authority citation for part 172 continues to read as
follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53.
7. In Sec. 172.101, the Hazardous Materials Table is amended by
removing, adding and revising, in the appropriate alphabetical
sequence, the following entries to read as follows:
[[Page 55768]]
Sec. 172.101.--Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous Packaging (Sec. 173.* * *) (8) Quantity limitations (9) Vessel stowage (10)
materials Hazard Special ---------------------------------------------------------------------------------------------------------------
Symbols descriptions and class or Identification PG Label codes provisions
proper shipping division numbers (Sec. Exceptions Non-bulk Bulk Passenger Cargo aircraft Location Other
names 172.102) aircraft/rail only
(1) (2)............... (3) (4).............. (5)............ (6)............... (7)........... (8A).......... (8B).......... (8C).......... (9A).......... (9B).......... (10A)......... (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[REMOVE:]
* * * * * * *
Gas generator 2.2 ................. ............... 2.2............... .............. None.......... 335........... None.......... 75 kg......... 150 kg........ A.............
assemblies
(aircraft),
containing a non-
flammable non-
toxic gas and a
propellant
cartridge.
* * * * * * *
D............... Gasohol gasoline 3 NA1203........... II............. 3................. 144........... 150........... 202........... 242........... 5 L........... 60 L.......... E.............
mixed with ethyl
alcohol, with not
more than 20
percent alcohol.
* * * * * * *
[ADD:]
* * * * * * *
D............... Ethanol and 3 UN3475........... II............. 3................. 144, 177, IB2, 150........... 202........... 242........... 5 L........... 60 L.......... E.............
gasoline mixture T4, TP1.
or Ethanol and
motor spirit
mixture or
Ethanol and
petrol mixture,
with more than
10% ethanol.
* * * * * * *
D............... Gasohol gasoline 3 NA1203........... II............. 3................. 144, IB2, T7, 150........... 202........... 242........... 5 L........... 60 L.......... E.............
mixed with ethyl TP1, TP8,
alcohol, with not TP28.
more than 10 %
alcohol.
* * * * * * *
Polyamines, .......... ................. ............... .................. .............. .............. .............. .............. .............. .............. ..............
flammable,
corrosive, n.o.s.
see Amines,
flammable,
corrosive, n.o.s.
Polyamines, .......... ................. ............... .................. .............. .............. .............. .............. .............. .............. ..............
liquid,
corrosive, n.o.s.
see Amines,
liquid,
corrosive, n.o.s.
Polyamines, .......... ................. ............... .................. .............. .............. .............. .............. .............. ..............
liquid,
corrosive,
flammable, n.o.s
see Amines,
liquid,
corrosive,
flammable, n.o.s.
* * * * * * *
[REVISE:]
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 55769]]
Sec. 172.101.--Hazardous Materials Table--Continued
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous Packaging (Sec. 173.* * *) (8) Quantity limitations (9) Vessel stowage (10)
materials Hazard Special ---------------------------------------------------------------------------------------------------------------
Symbols descriptions and class or Identification PG Label codes provisions
proper shipping division numbers (Sec. Exceptions Non-bulk Bulk Passenger Cargo aircraft Location Other
names 172.102) aircraft/rail only
(1) (2)............... (3) (4).............. (5)............ (6)............... (7)........... (8A).......... (8B).......... (8C).......... (9A).......... (9B).......... (10A)......... (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Radioactive 7 UN2915........... ............... 7................. A56, W7, W8... None.......... 415, 415, 419. 415, 418 419.. .............. .............. A............ 95, 130
material, package
Type A package
non-special form,
non fissile or
fissile-excepted.
* * * * * * *
A............... Sodium aluminate, 8 UN2812........... III............ 8................. IB8, IP3, T1, 154........... 213........... 240........... 25 kg......... 100 kg........ A.............
solid. TP33.
* * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 55770]]
* * * * *
8. In Sec. 172.102, in paragraph (c)(1), Special provision 177 is
added and in paragraph (c)(3), Special provision B69 is revised to read
as follows.
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(1) * * *
Code/Special Provisions
* * * * *
177 Ethanol and gasoline mixtures for use in spark-ignition engines
(e.g. in automobiles, stationary engines and other engines) shall be
assigned to this entry regardless of variations in volatility.
* * * * *
(3) * * *
Code/Special Provisions
* * * * *
B69 Dry sodium cyanide or potassium cyanide may be shipped in the
following sift-proof and weather resistant packagings: Metal covered
hopper cars, covered motor vehicles, portable tanks, or non-
specification bins.
* * * * *
9. In Sec. 172.203, paragraph (l)(4) is revised to read as
follows:
Sec. 172.203 Additional description requirements.
* * * * *
(l) * * *
(4) Except when all or part of transportation is by vessel, marine
pollutants in non-bulk packagings are not subject to the requirements
of paragraphs (l)(1) and (l)(2) of this section (see Sec. 171.4 of
this subchapter).
* * * * *
10. In Sec. 172.315, a new paragraph (c) is added as follows:
Sec. 172.315 Packages containing limited quantities.
* * * * *
(c) As applicable, the letters ``RQ'' should be marked in
association with the square-on-point border containing the
identification (ID) number.
11. In Sec. 172.336, paragraphs (c)(4) and (c)(5) are revised to
read as follows:
Sec. 172.336 Identification numbers; special provisions.
* * * * *
(c) * * *
(4) For each of the different liquid petroleum distillate fuels,
including gasoline and gasohol in a compartmented cargo tank or tank
car, if the identification number is displayed for the distillate fuel
having the lowest flash point. Effective [DATE TWO YEARS FROM EFFECTIVE
DATE OF FINAL RULE] the provisions of this paragraph do not apply to an
Ethanol and gasoline mixture or Ethanol and motor spirit or Ethanol and
petrol mixture, with more than 10% ethanol.
(5) For each of the different liquid petroleum distillate fuels,
including gasoline and gasohol transported in a cargo tank, if the
identification number is displayed for the liquid petroleum distillate
fuel having the lowest flash point. Effective [DATE TWO YEARS FROM
EFFECTIVE DATE OF FINAL RULE] the provisions of this paragraph do not
apply to an Ethanol and gasoline mixture or Ethanol and motor spirit or
Ethanol and petrol mixture, with more than 10% ethanol.
* * * * *
13. In Sec. 172.406, paragraphs (e)(4) and (e)(5) are revised and
a new paragraph (e)(6) is added to read as follows:
Sec. 172.406 Placement of labels.
* * * * *
(e) * * *
(4) Each portable tank of less than 3,785 L (1000 gallons)
capacity;
(5) Each freight container or aircraft unit load device having a
volume of 1.8 m 3 (64 cubic feet) or more, but less than 18
m 3 (640 cubic feet). One of each required label must be
displayed on or near the closure; and
(6) An IBC having a volume of 1.8 m 3 (64 cubic feet) or
more.
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
14. 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.
15. In Sec. 173.4, a new paragraph (e) is added to read as
follows:
Sec. 173.4 Small quantity exceptions.
* * * * *
(e) Packing Groups II and III materials in Class 3, Division 4.1,
Division 4.2, Division 4.3, Division 5.1, Division 6.1, Class 8, and
Class 9 are not subject to any other requirements of this subchapter
when--
(1) The maximum quantity of material per inner receptacle or
article is limited to--
(i) One (1) mL (0.03 ounce) for authorized liquids; and
(ii) One (1) g (0.04 ounce) for authorized solid materials;
(2) Each inner receptacle with a removable closure has its closure
held securely in place with wire, tape, or other positive means;
(3) Unless equivalent cushioning and absorbent material surrounds
the inside packaging, each inner receptacle is securely packed in an
inside packaging with cushioning and absorbent material that:
(i) Will not react chemically with the material, and
(ii) Is capable of absorbing the entire contents (if a liquid) of
the receptacle;
(4) The inside packaging is securely packed in a strong outside
packaging;
(5) The completed package is capable of sustaining--
(i) Each of the following free drops made from a height of 1.8 m
(5.9 feet) directly onto a solid unyielding surface without breakage or
leakage from any inner receptacle and without a substantial reduction
in the effectiveness of the package:
(A) One drop flat on bottom;
(B) One drop flat on top;
(C) One drop flat on the long side;
(D) One drop flat on the short side; and
(E) One drop on a corner at the junction of three intersecting
edges; and
(ii) A compressive load as specified in Sec. 178.606(c) of this
subchapter.
Each of the tests in this paragraph (e)(5) may be performed on a
different but identical package; that is, all tests need not be
performed on the same package.
(6) Placement of the material in the package or packing different
materials in the package does not result in a violation of Sec.
173.21;
(7) The aggregate quantity of hazardous material per package must
not exceed 100 g (0.22 pounds) or 100 ml (3.38 ounces);
(8) The gross mass of the completed package does not exceed 29 kg
(64 pounds); and
(9) The package is not opened or otherwise altered until it is no
longer in commerce.
16. In Sec. 173.5, paragraph (b)(2) is revised to read as follows:
Sec. 173.5 Agricultural operations.
* * * * *
(b) * * *
(2) The total amount of agricultural product being transported on a
single motor vehicle does not exceed:
(i) 7,300 kg (16,094 lbs.) of ammonium nitrate fertilizer properly
classed as Division 5.1, PG III, in a bulk packaging, or
(ii) 1900 L (502 gallons) for liquids or gases, or 2,300 kg (5,070
lbs.) for solids, of any other agricultural product;
* * * * *
17. In Sec. 173.12, paragraph (e)(1)(ii) is revised and a new
paragraph (f) added as follows:
[[Page 55771]]
Sec. 173.12 Exceptions for shipment of waste materials.
* * * * *
(e) * * *
(1) * * *
(ii) The acids must be packaged in lab packs in accordance with
paragraph (b) of this section or in authorized single packagings not
exceeding 208 L (55 gallons) capacity;
* * * * *
(f) Household waste. Household waste, as defined in Sec. 171.8 of
this subchapter, is not subject to the requirements of this subchapter.
18. In Sec. 173.22, paragraph (b) is added to read as follows:
Sec. 173.22 Shipper's responsibility.
* * * * *
(b) No person may offer a motor carrier any hazardous material
specified in 49 CFR 385.403 unless that motor carrier holds a safety
permit issued by the Federal Motor Carrier Safety Administration.
* * * * *
19. In Sec. 173.24, paragraph (g)(1) is revised to read as
follows:
Sec. 173.24 General requirements for packagings and packages.
* * * * *
(g) * * *
(1) Except for shipments of carbon dioxide, solid (dry ice),
transportation by aircraft is not involved;
* * * * *
20. In Sec. 173.61, paragraph (c) is revised to read as follows:
Sec. 173.61 Mixed packaging requirements.
* * * * *
(c) The following explosives may not be packed together with other
Class 1 explosives: UN 0029, UN 0030, UN 0073, UN 0106, UN 0107, UN
0255, UN 0257, UN 0267, UN 0350, UN 0360, UN 0361, UN 0364, UN 0365, UN
0366, UN 0367, UN 0408, UN 0409, UN 0410, UN 0455, UN 0456, and UN
0500. These explosives may be mix-packed with each other in accordance
with the compatibility requirements prescribed in paragraph (e).
* * * * *
21. In Sec. 173.62, in paragraph (c), the ``Table of Packing
Methods,'' is amended by revising entry 134 to read as follows:
Sec. 173.62 Mixed packaging requirements.
* * * * *
(c) * * *
Table of Packing Methods
----------------------------------------------------------------------------------------------------------------
Packing instruction Inner packagings Intermediate packagings Outer packagings
----------------------------------------------------------------------------------------------------------------
* * * * * * *
134................. Bags: water resistant........ Not necessary................ Boxes: steel (4A), aluminium
Receptacles: firbreboard, (4B), wood, natural,
metal, plastics, wood. ordinary (4C1), wood
Sheets: fibreboard, natural, sift proof walls
corrugated. (4C2), plywood (4D),
Tubes: fibreboard............ reconstituted wood (4F),
fibreboard (4G), plastics,
expanded (4H1), plastics,
solid (4H2).
Drums: fibreboard (1G),
plastics, removable head
(1H2), steel, removable
head (1A2), aluminium,
removable head (1B2),
Plywood (1D).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
22. In Sec. 173.134, paragraph (b)(13)(i), as amended in FR Rule
Doc. 06-4992, published at 71 FR 32244, June 2, 2006, effective October
1, 2006, is revised to read as follows:
Sec. 173.134 Class 6, Division 6.2--Definitions and exceptions.
* * * * *
(b) * * *
(13) * * *
(i) Household waste as defined in Sec. 171.8,
* * * * *
23. Section 173.217 is revised to read as follows:
Sec. 173.217 Carbon dioxide, solid (dry ice).
(a) Carbon dioxide, solid (dry ice), when offered for
transportation or transported by aircraft or water, must be packed in
packagings designed and constructed to permit the release of carbon
dioxide gas to prevent a buildup of pressure that could rupture the
packagings. Packagings must conform to the general packaging
requirements of subpart B of this part but need not conform to the
requirements of part 178 of this subchapter.
(b) For transportation by vessel:
(1) Each transport vehicle and freight container containing solid
carbon dioxide must be conspicuously marked on two sides ``WARNING
CO2 SOLID (DRY ICE).''
(2) Other packagings containing solid carbon dioxide must be marked
``CARBON DIOXIDE, SOLID--DO NOT STOW BELOW DECKS.''
(c) For transportation by aircraft:
(1) The net mass of the carbon dioxide, solid (dry ice) must be
marked on the outside of the package.
(2) Arrangements between shipper and operator(s) must be made for
each shipment, to monitor and limit ventilation rates to ensure
passengers, flight crew members, and animals are not affected by the
venting of carbon dioxide.
(3) Dry ice used as a refrigerant for other than hazardous
materials loaded in a unit load device or, other type of pallet, the
quantity limits per package shown in Columns (9A) and (9B) of the
Hazardous Materials Table in Sec. 172.101 are not applicable. In such
a case, the unit load device, or other type of pallet must be
identified to the operator and must allow the venting of the carbon
dioxide gas to prevent a dangerous build up of pressure.
(4) Dry ice is excepted from the shipping paper requirements of
subpart C of part 172 of this subchapter, provided alternative written
documentation is supplied containing the following information: Proper
shipping name (Dry ice or Carbon dioxide, solid), class 9, UN number
1845, the number of packages, and the net quantity of dry ice in each
package. The information must be included with the description of the
materials.
(5) Carbon dioxide, solid (dry ice), in quantities not exceeding
2.3 kg (5 pounds) per package and used as a refrigerant for the
contents of the package is excepted from all other
[[Page 55772]]
requirements of this subchapter if the requirements of paragraph (a) of
this section are complied with and the package is marked ``Carbon
dioxide, solid'' or ``Dry ice'', marked with the name of the contents
being cooled, and marked with the net weight of the dry ice or an
indication that the net weight is 2.3 kg (5 pounds) or less.
(d) Carbon dioxide, solid (dry ice), when used to refrigerate
materials being shipped for diagnostic or treatment purposes (e.g.,
frozen medical specimens), is excepted from the shipping paper and
certification requirements of this subchapter if the requirements of
paragraphs (a) and (c)(2) of this section are met and the package is
marked ``Carbon dioxide, solid'' or ``Dry ice'' and marked with an
indication that the material being refrigerated is being transported
for diagnostic or treatment purposes.
24. In Sec. 173.301, paragraphs (f)(1) and (g)(1) are revised to
read as follows:
Sec. 173.301 General requirements for shipment of compressed gases in
cylinders and spherical pressure vessels.
* * * * *
(f) * * *
(1) Except as provided in paragraphs (f)(5), (f)(6), and (l)(2) of
this section, a cylinder filled with a gas and offered for
transportation must be equipped with one or more pressure relief
devices sized and selected as to type, location, and quantity, and
tested in accordance with CGA S-1.1 (compliance with paragraph 9.1.1.1
of CGA S-1.1 is not required) and S-7. The pressure relief device must
be capable of preventing rupture of the normally filled cylinder when
subjected to a fire test conducted in accordance with CGA C-14 (IBR,
see Sec. 171.7 of this subchapter), or, in the case of an acetylene
cylinder, CGA C-12 (IBR, see Sec. 171.7 of this subchapter).
* * * * *
(g) * * *
(1) Cylinder manifolding is authorized only under conditions
prescribed in this paragraph (g). Manifolded cylinders must be
supported and held together as a unit by structurally adequate means.
Except for Division 2.2 materials, each cylinder must be equipped with
an individual shutoff valve that must be tightly closed while in
transit. Manifold branch lines must be sufficiently flexible to prevent
damage to the valves that otherwise might result from the use of rigid
branch lines. Each cylinder must be individually equipped with a
pressure relief device as required in paragraph (f) of this section,
except that pressure relief devices on manifolded horizontal cylinders
that are mounted on a motor vehicle or framework may be selected as to
type, location, and quantity according to the lowest marked pressure
limit of an individual cylinder in the manifolded unit. The pressure
relief devices selected for the manifolded unit must have been tested
in accordance with CGA S-1.1 and S-7. Pressure relief devices on
manifolded horizontal cylinders filled with a compressed gas must be
arranged to discharge unobstructed to the open air. In addition, for
Division 2.1 (flammable gas) material, the PRDs must be arranged to
discharge upward to prevent any escaping gas from contacting personnel
or any adjacent cylinders. Valves and pressure relief devices on
manifolded cylinders filled with a compressed gas must be protected
from damage by framing, a cabinet, or other method. Manifolding is
authorized for cylinders containing the following gases:
(i) Nonliquefied (permanent) compressed gases authorized by Sec.
173.302.
(ii) Liquefied compressed gases authorized by Sec. 173.304. Each
manifolded cylinder containing a liquefied compressed gas must be
separately filled and means must be provided to ensure no interchange
of cylinder contents can occur during transportation.
(iii) Acetylene as authorized by Sec. 173.303.
* * * * *
Sec. 173.335 [Removed]
25. Section 173.335 is removed and reserved.
PART 175--CARRIAGE BY AIRCRAFT
26. 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.
27. In Sec. 175.10, paragraph (a)(10) is revised to read as
follows:
Sec. 175.10 Exceptions for passengers, crewmembers, and air
operators.
* * * * *
(a) * * *
(10) Dry ice (carbon dioxide, solid):
(i) in quantities not exceeding 2.3 kg (5 pounds) per person in
carry-on baggage, when used to pack perishables not subject to the HMR.
The package must permit the release of carbon dioxide gas; and/or
(ii) in checked baggage, with the approval of the operator(s), when
each package is marked ``DRY ICE'' or ``CARBON DIOXIDE, SOLID'', and
marked with the net mass of dry ice or an indication the net weight is
2.3 kg (5 pounds) or less.
* * * * *
28. A new Sec. 175.900 is added to read as follows:
Sec. 175.900 Handling requirements for carbon dioxide, solid (dry
ice).
Carbon dioxide, solid (dry ice) when shipped by itself or when used
as a refrigerant for other commodities, may only be carried provided
the operator has made suitable arrangements dependent on the aircraft
type, the aircraft ventilation rates, the method of packing and
stowing, whether animals will be carried on the same flight and other
factors. The operator must ensure that the ground staff is informed
that the dry ice is being loaded or is on board the aircraft. For
arrangements between the shipper and operator see Sec. 173.217 of this
subchapter. Where dry ice is contained in a unit load device or other
type of pallet prepared by a single shipper in accordance with Sec.
173.217 and the operator after the acceptance adds additional dry ice,
the operator must ensure that the information provided to the Pilot-in-
Command reflects that revised quantity of dry ice.
PART 177--CARRIAGE BY PUBLIC HIGHWAY
29. The authority citation for part 177 continues to read as
follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
30. In Sec. 177.848, paragraph (a)(1) is revised to read as
follows:
Sec. 177.848 Segregation of hazardous materials.
(a) * * *
(1) In packages that must be labeled or placarded in accordance
with part 172 of this subchapter;
* * * * *
PART 178--SPECIFICATIONS FOR PACKAGINGS
31. The authority citation for part 178 continues to read as
follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
32. In Sec. 178.274, in paragraph (b)(1), the first sentence is
revised to read as follows:
Sec. 178.274 Specifications for UN portable tanks.
* * * * *
(b) General design and construction requirements. (1) The design
temperature range for the shell must be -40 [deg]C to 50 [deg]C (-40
[deg]F to 122 [deg]F) for hazardous materials transported under normal
conditions of transportation,
[[Page 55773]]
except for portable tanks used for refrigerated liquefied gases where
the minimum design temperature must not be higher than the lowest
(coldest) temperature (for example, service temperature) of the
contents during filling, discharge or transportation. * * *
* * * * *
33. In Sec. 178.337-9, paragraph (b)(8) is revised to read as
follows:
Sec. 178.337-9 Pressure relief devices, piping, valves, hoses, and
fittings.
* * * * *
(b) * * *
(8) Chlorine cargo tanks. Angle valves on cargo tanks intended for
chlorine service must conform to the standards of The Chlorine
Institute, Inc., Dwg. 104-8 or ``Section 3, Pamphlet 166 Angle Valve
Guidelines for Chlorine Bulk Transportation.'' (IBR, see Sec. 171.7 of
this subchapter). Before installation, each angle valve must be tested
for leakage at not less than 225 psig using dry air or inert gas.
* * * * *
34. In Sec. 178.337-10, paragraph (d) is revised to read as
follows:
Sec. 178.337-10 Accident damage protection.
* * * * *
(d) Chlorine tanks. A chlorine tank must be equipped with a
protective housing and a manway cover to permit the use of standard
emergency kits for controlling leaks in fittings on the dome cover
plate. For tanks manufactured on or after and [PUBLICATION DATE OF
FINAL RULE], the housing and manway cover must conform to the Chlorine
Institute, Inc., Dwg. 137-5 (IBR, see Sec. 171.7 of this subchapter).
* * * * *
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
35. The authority citation for part 180 continues to read as
follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
36. In Sec. 180.205, a new paragraph (g)(6) added to read as
follows:
Sec. 180.205 General requirements for requalification of cylinders.
* * * * *
(g) * * *
(6) The guidelines contained in CGA Pamphlet C 1.1 may be used for
training persons who requalify cylinders using the volumetric expansion
test method.
* * * * *
Issued in Washington, DC on September 15, 2006 under authority
delegated in 49 CFR part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 06-7913 Filed 9-22-06; 8:45 am]
BILLING CODE 4910-60-P