[Federal Register Volume 74, Number 244 (Tuesday, December 22, 2009)]
[Proposed Rules]
[Pages 68004-68015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30280]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 105, 107, 171, 173, 174, 176, 177, and 179
[Docket No. PHMSA-2009-0289 (HM-233A)]
RIN 2137-AE39
Hazardous Materials: Incorporation of Special Permits Into
Regulations
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The Pipeline and Hazardous Materials Safety Administration is
proposing to amend the Hazardous
[[Page 68005]]
Materials Regulations to incorporate provisions contained in certain
widely used or longstanding special permits that have an established
safety record. Special permits allow a company or individual to package
or ship a hazardous material in a manner that varies from the
regulations so long as an equivalent level of safety is maintained. The
proposed revisions are intended to provide wider access to the
regulatory flexibility offered in special permits and eliminate the
need for numerous renewal requests, thus reducing paperwork burdens and
facilitating commerce while maintaining an appropriate level of safety.
DATES: Written comments should be submitted on or before February 22,
2010.
ADDRESSES: You may submit comments identified by the docket number
(PHMSA-2009-0289 (HM-233A) by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Fax: 1-202-493-2251.
Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
Instructions: All submissions must include the agency name and
docket number for this notice at the beginning of the comment. All
comments received will be posted without change to the Federal Docket
Management System (FDMS), including any personal information.
Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (Volume 65, Number 70;
Pages 19477-78).
FOR FURTHER INFORMATION CONTACT: Eileen Edmonson or Dirk Der Kinderen,
Office of Hazardous Materials Standards, (202) 366-8553, or Diane
LaValle, Office of Hazardous Materials Special Permits and Approvals,
(202) 366-4535, Pipeline and Hazardous Materials Safety Administration
(PHMSA), 1200 New Jersey Avenue, SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background
The Pipeline and Hazardous Materials Safety Administration (PHMSA)
is proposing to amend the Hazardous Materials Regulations (HMR; 49 CFR
Parts 171-180) to incorporate certain requirements based on existing
special permits (SPs) issued by PHMSA under 49 CFR Part 107, Subpart B
(Sec. Sec. 107.101 to 107.127). A special permit sets forth
alternative requirements--or a variance--to the requirements in the HMR
in a way that achieves a safety level at least equal to the safety
level required under the regulations or that is consistent with the
public interest. Congress expressly authorized DOT to issue these
variances in the Hazardous Materials Transportation Act of 1975.
The HMR generally are performance oriented regulations, which
provides the regulated community with a certain amount of flexibility
in meeting safety requirements. Even so, however, not every
transportation situation can be anticipated and built into the
regulations. Innovation is a strength of our economy and the hazardous
materials community is particularly strong at developing new materials
and technologies and innovative ways of moving materials. Special
permits enable the hazardous materials industry to quickly and safely
integrate new products and technologies into the production and
transportation stream. Thus, special permits provide a mechanism for
testing new technologies, promoting increased transportation efficiency
and productivity, and ensuring global competitiveness. A special permit
must achieve at least an equivalent level of safety as the HMR.
Implementation of new technologies and operational techniques may
enhance safety because the approved operations or activities achieve a
greater level of safety than currently required under the regulations.
Special permits also reduce the volume and complexity of the HMR by
addressing unique or infrequent transportation situations that would be
difficult to accommodate in regulations intended for use by a wide
range of shippers and carriers.
PHMSA conducts ongoing reviews of special permits to identify
widely used and longstanding special permits with an established safety
record for conversion into regulations of broader applicability.
Converting these special permits into regulations reduces paperwork
burdens and facilitates commerce while maintaining an acceptable level
of safety. Additionally, adoption of special permits as rules of
general applicability provides wider access to the benefits and
regulatory flexibility of the provisions granted in the special
permits. Factors that influence whether or not a specific special
permit is a candidate for regulatory action include the safety record
for hazardous materials transported under a special permit; broad
application of a special permit; suitability of provisions in the
special permit for incorporation into the HMR; rulemaking activity in
related areas; and agency priorities.
Several of the special permits addressed in this notice of proposed
rulemaking (NPRM) have hundreds of party status grantees. Party status
is granted to a person who wishes to offer for transport or transport a
hazardous material in the same manner as the original applicant.
Several special permits addressed in this NPRM provide for the
manufacture, marking, sale and use of certain packagings for
transportation of hazardous materials. These manufacturing special
permits are issued to the packaging manufacturer and provide for use of
the packagings by hundreds and possibly thousands of distributors and
users.
The amendments proposed in this NPRM will eliminate the need for
approximately 510 current grantees to reapply for renewal of 44 special
permits every four years and for PHMSA to process the renewal
applications. These amendments also apply to any special permits this
agency issues during the development of this rulemaking or its final
rule whose provisions are identical in every respect to those described
in the rulemakings issued under this docket. To emphasize this, we will
preface the description of the affected special permits with the
wording ``include'' or ``includes'' to clarify that additional special
permits other than those specifically listed in this rulemaking may be
incorporated under these proposed revisions.
Incorporation of the special permits into the HMR also eliminates a
significant paperwork burden. Unless otherwise excepted by this agency,
a copy of each special permit must be maintained at each facility where
a packaging is manufactured under a
[[Page 68006]]
special permit, at each facility where a package is offered or re-
offered for transportation under a special permit carried on board each
cargo vessel or aircraft, and in some cases must be carried aboard each
transport vehicle used to transport a hazardous material under a
special permit.
II. Overview of Proposed Amendments
We identified several special permits for incorporation into this
NPRM. A more detailed discussion of amendments to the HMR based on
incorporation of provisions from these special permits appears in the
``Summary Review'' portion of this preamble. The proposed revisions
include the following:
Authorize vessel transportation for salvage cylinders
containing damaged or leaking packagings under Sec. 173.3.
Allow liquid contents in quantities greater than 10% of
the capacity in a mechanical displacement meter prover to the extent
that draining of the meter prover is impracticable.
Authorize the transport of waste Division 4.2, Packing
Group I material, Division 5.2 (organic peroxide) material, and
Division 6.1, Packing Group I (Hazard Zone A) material in lab packs
under Sec. 173.12.
Allow the use of alternative outer packagings for waste
lab packs and require use of UN standard steel or plastic drums (at the
PG I performance level) for the transportation of Division 4.2, Packing
Group I material and Division 6.1, Packing Group I, Hazard Zone A
material in lab packs under Sec. 173.12.
Except hazardous waste materials, packaged in lab packs
and meeting additional conditions, from certain segregation and marking
requirements under Sec. 173.12.
Allow variation in the packing method for packagings
prepared in accordance with Sec. 173.13.
Authorize, for certain hazardous materials, external
visual inspection of the rupture disc in a non-reclosing pressure
relief device of a rail tank car without requiring removal of the
rupture disc.
Authorize the transportation of certain specially designed
radiation detectors containing a Division 2.2 (non-flammable gas)
material under a new section Sec. 173.310.
Allow a greater gross weight limitation for packages used
for the transport of aerosols for purposes of recycling or disposal.
Allow rail tank cars to exceed the maximum capacity and
gross weight on rail limitations upon approval from the Federal
Railroad Administration (FRA) under Sec. 179.13.
Eliminate several requirements for submitting duplicate
copies of applications for special permit, party status, or renewal
when the applications are submitted electronically.
Require certification of understanding of a special permit
for persons submitting an application for party status to a special
permit.
III. Summary Review of Proposed Amendments
The following are detailed summary discussions of proposed
amendments to the HMR based on several special permits we have
identified as suitable for incorporation into the HMR.
A. Salvage Cylinders
In accordance with Sec. 173.3(d) of the HMR, damaged or leaking
cylinders containing Division 2.1, 2.2, 2.3, 3, 6.1, or Class 8
materials may be overpacked in a salvage cylinder and transported by
motor vehicle for repair or disposal. In this NPRM, we are proposing to
permit salvage cylinders to be transported by vessel, consistent with
the provisions of DOT-SP 14168.
B. Meter Provers
A mechanical displacement meter prover (meter prover) is a
mechanical device, permanently mounted on a truck or trailer,
consisting of a piping system that is used to calibrate the accuracy
and performance of meters that measure the quantity of product being
pumped or transferred at facilities such as drilling locations,
refineries, tank farms and loading racks. Section 173.5a(b) excepts
meter provers from specification packaging requirements in Part 178 of
the HMR provided the meter provers conform to certain conditions. In a
final rule published January 24, 2005 under Docket No. RSPA-03-16370
(HM-233) (70 FR 3302), the Research and Special Programs Administration
(RSPA), the predecessor agency to PHMSA, incorporated several special
permits concerning meter provers into Sec. 173.5a. As provided by
Sec. 173.5a(b), a meter prover is excepted from the specification
packaging requirements when, among other criteria, the liquid content
of the meter prover does not exceed 10% of capacity (see Sec.
173.5a(b)(2)(i)). PHMSA subsequently issued a special permit to allow
transport of meter provers containing flammable liquids in quantities
greater than 10% capacity when conditions make draining of the liquid
impracticable. This special permit was based on information that (1)
facilities or equipment used to drain and reinject the meter provers
may not be readily available while in the field; (2) alternatives such
as using DOT specification cargo tanks as meter provers or accompanying
a meter prover with DOT specification cargo tanks filled with liquids
drained from the meter prover are cost prohibitive; and (3) there is a
record of safe transportation of meter provers under provisions from
special permits previously adopted into the HMR. Therefore, in this
NPRM, we propose to allow meter provers to retain flammable liquid
contents in quantities greater than 10% of capacity to the extent that
draining the contents to 10% or less is impracticable. The affected
special permits include DOT-SP 14405.
We also propose to revise Sec. 173.5a, paragraph (b)(iv), to
change the wording ``maximum service pressure'' to the acronym ``MAWP''
for maximum allowable working pressure for consistency with use of the
wording in other provisions within the HMR. In addition, we are
proposing to add a definition for ``Mechanical displacement meter
prover'' in Sec. 171.8. As proposed, the definition reads: Mechanical
displacement meter prover means a mechanical device used in the
oilfield service industry consisting of a pipe assembly that is used to
calibrate the accuracy and performance of meters that measure the
quantities of a product being pumped or transferred at facilities such
as drilling locations, refineries, tank farms, and loading racks.
C. Lab Packs
Section 173.12 of the HMR excepts certain waste materials from
specification packaging requirements when transported in packagings
(``lab packs'') that conform to the requirements specified in paragraph
(b) of the section. Currently, the outer packaging of the lab packs
must be a UN 1A2 or UN 1B2 metal drum, a UN 1D plywood drum, a UN 1G
fiber drum, or a UN 1H2 plastic drum tested to the Packing Group III
performance level. In this NPRM, we propose to allow the use of a UN 4G
fiberboard box made of at least 500 psig burst strength fiberboard that
is tested and marked to at least the Packing Group II performance level
as an alternative outer packaging for a lab pack. The affected special
permits include DOT-SP 10791, 12927, 13285, 13937, 14510, and 14817. We
also propose to allow the use of a UN11G fiberboard intermediate bulk
container (IBC) and a UN 11HH2 composite IBC (with a flexible plastic
inner receptacle for solids loaded or discharged by gravity) as
alternative outer packaging for a lab pack. The affected special
[[Page 68007]]
permits include DOT-SP 12296, 12668, 12682, 12749, and 12826.
Section 173.12 also excepts certain hazardous materials packaged in
lab packs in conformance with paragraph (b) of this section from
segregation requirements in Parts 174, 176, and 177 of the HMR provided
the materials conform to limited segregation conditions in paragraph
(e). In this NPRM, we are proposing to except certain additional
hazardous waste materials in lab packs and non-bulk packagings from
segregation and overpack marking requirements consistent with the
provisions of DOT-SP 13192. We first issued DOT-SP 13192 in 2001 to
consolidate earlier special permits that allowed different combinations
of incompatible materials, including waste materials, to be transported
together on the same transport vehicle. The waste materials are subject
to safety control measures designed to mitigate the risks presented by
these materials, such as quantity limitations, additional packaging,
and segregation requirements. Revised editions of this special permit
have authorized the transport of additional hazardous materials not
currently authorized for transport under Sec. 173.12. These hazardous
materials include Division 5.2 (organic peroxide) material, Division
4.2 Packing Group I material (subject to more stringent outer packaging
requirements), and Division 6.1 Packing Group I, Hazard Zone A material
(for purposes of exception from segregation requirements only). It has
been our experience with DOT-SP 13192 that when certain incompatible
hazardous materials are properly packaged in lab packs and other
authorized non-bulk packages, the possibility of these materials
commingling in an incident is greatly reduced, if not eliminated,
because of the integrity of the packagings and, for liquids, because of
the requirement to include a sufficient amount of chemically compatible
absorbent material to absorb the contents.
Thus, in this NPRM, we propose to authorize the transport of
Division 5.2 (organic peroxide) material and Division 4.2 Packing Group
I material in lab packs, and authorize transport of waste Division 6.1
Packing Group I, Hazard Zone A material with other waste materials if
packaged in accordance with Sec. 173.226(c) of the HMR and further
packaged in an overpack of a UN steel or plastic drum at the Packing
Group I performance level. We also propose to make several conforming
amendments to segregration requirements in Parts 174, 176, and 177 to
clarify the requirements do not apply to Division 6.1 Packing Group I,
Hazard Zone A material transported in conformance with Sec. 173.12(e).
D. Excepted Packaging
Section 173.13 provides conditions for transport of hazardous
materials in non-specification packaging. Currently, in Sec. 173.13,
for packaging of liquids, a liquid must be placed in an inner packaging
which is then placed in a hermetically sealed barrier bag that is
wrapped in chemically compatible absorbent material and then placed in
a metal can. PHMSA has issued a number of special permits that allow an
alternative configuration in which the inner packaging for liquids is
first wrapped in absorbent material and then placed in a hermetically
sealed barrier bag which is then placed in a metal can. In this NPRM,
we propose to incorporate this alternative method of packing inner
packagings for liquids into Sec. 173.13. The affected special permits
include DOT-SP 7891, 8249, 9168, 10672, 10962, 10977, 11248, 12401,
13355.
E. Visual Inspection of Rail Tank Cars
Section 173.31 outlines requirements for the use of rail tank cars
transporting hazardous materials. Paragraph (d) of this section
requires an offeror to perform an external visual inspection of a rail
tank car containing a hazardous material or a residue of a hazardous
material prior to offering it for transportation. As a part of the
examination, paragraph (d)(1)(vi) requires a careful inspection of the
rupture (frangible) disc in non-reclosing pressure relief devices for
corrosion or damage that may alter the intended operation of the
device. Under special permits DOT-SP 11761 and 11864, the rupture disc
is not required to be removed prior to visual inspection if the tank
car contains residue of a Class 8 (corrosive), Packing Group II or III
material with no subsidiary hazard or the residue of Class 9 molten
sulfur. The HMR define ``residue'' to mean the hazardous material
remaining in a packaging after its contents have been unloaded to the
maximum extent possible (see Sec. 171.8). PHMSA has interpreted
``unloaded to the maximum extent possible'' to mean that the hazardous
material has ceased to flow out of the packaging's unloading device.
Operations under these special permits have demonstrated these
materials are present in the tank car in insufficient quantity and
physical form to present a risk from a release of the material through
a tank car pressure relief device due to the failure of a rupture disc
during transportation.
Based on the safety record of use of the special permits, in this
NPRM, we propose to revise paragraph (d)(1)(vi) to exclude inspection
of the underside of the rupture disc on rail tank cars containing
residue of a Class 8 (corrosive), PG II or III material with no
subsidiary hazard or containing the residue of a Class 9 elevated
temperature material.
F. Radiation Detectors
Radiation detectors are used for measuring the intensity of
ionizing radiation. The devices typically contain a gas filled tube or
ion chamber where radiation converts the gas into ions and the rate at
which these ions are collected (on oppositely charged electrodes in the
device) is measured as electric current. These radiation detectors are
often used as integral parts of medical test equipment, such as a dose
calibrator. The HMR require that the pressurized gas contained in these
devices be transported in DOT specification cylinders or non-
specification containers meeting the requirements prescribed in Sec.
173.302 or Sec. 173.306 of the HMR.
In this NPRM, we propose to authorize in new Sec. 173.310 the
transportation of radiation detectors (also described as radiation
sensors, electron tube devices, and ionization chambers) containing a
gas, specifically, certain Division 2.2 (non-flammable) compressed
gases contained in electron tubes that are non-DOT specification,
metal, single trip, inside containers that may or may not be
hermetically sealed or equipped with a pressure relief device, based on
the use of several special permits. The inside metal containers must be
welded and designed to prevent fragmentation upon impact. The electron
tubes may have up to a maximum design pressure of 4.83 MPa (700 psig),
and up to a maximum water capacity of 355 fluid ounces (641 cubic
inches), and must have a burst pressure of not less than three times
the design pressure if equipped with a pressure relief device, and not
less than four times the design pressure if not equipped with a
pressure relief device. Also, each radiation detector must be placed in
a strong outer packaging capable of withstanding a minimum drop test of
1.2 meter (4 feet) without breaking the device or rupturing the outer
packaging, or if shipped as part of equipment, that the equipment
provide equivalent protection. In addition, each shipment of these
devices must be accompanied by emergency response information that must
identify those receptacles not fitted with a pressure relief device,
and provide guidance on
[[Page 68008]]
how to manage all the detectors if they are exposed to fire. When
transported in conformance with these conditions, we propose to except
radiation detectors from the specification packaging in this subchapter
and, except when transported by air, from labeling and placarding
requirements of this subchapter. The safety record for shipments made
in accordance with several special permits is outstanding; therefore,
PHMSA has determined the exceptions they contain demonstrate an
acceptable level of safety and are candidates for inclusion into the
HMR. The affected special permits include DOT-SP 9030, 9940, 10407,
12131, 12415, 13026, 13109 and 13244.
G. Aerosols for Recycling or Disposal
Section 173.306 provides exceptions from the requirements of the
HMR for transport of limited quantities of compressed gases including
limited quantities contained in aerosol containers. Conditions for
exception from requirements include a 30 kg (66 pound) gross weight
limitation for outer packagings. Under a special permit, PHMSA
authorized the transport of limited quantities of certain Division 2.1
(flammable) and Division 2.2 (non-flammable) gases in aerosol
containers packaged in strong outer packagings with gross weights of up
to 500 kg (1,100 pounds). PHMSA allowed the increase in gross weight
for the purpose of packaging discarded empty, partially used, and full
aerosol containers to be transported to a recycling or disposal
facility. As part of the conditions for the special permit, each
aerosol container must be fitted with a cap to protect the valve stem
or the valve stem must be removed. Based on the safe record of
transportation of these aerosol containers under this special permit;
and based on the fact that some limited quantity materials reclassed as
ORM-D material, as authorized under Sec. 173.306, are not subject to
the 30 kg (66 pound) gross weight limitation when unitized in packages
and offered for transportation in accordance with Sec. 173.156 of the
HMR, in this NPRM, we propose in Sec. 173.306(k) to authorize the
highway transport of aerosol containers conforming to Sec. 173.306 in
strong outer packagings not to exceed 500 kg (1,100 pounds) when
transported for the purpose of recycling or disposal. The affected
special permits include DOT-SP 12842.
H. Rail Tank Car Gross Weight Limitation
Section 179.13 sets limitations on rail tank car capacity and gross
weight. Currently, this section limits rail tank cars to a maximum
capacity of 34,500 gallons (130,597 L) and a gross weight of 263,000
pounds (119,295 kg). PHMSA granted several special permits to allow
tank cars to transport up to 286,000 pounds (129,727 kg) gross weight
on rail subject to certain conditions. We propose to revise this
section to provide rail carriers with relief from the rail tank car
capacity and gross weight limitations subject to review of an approval
application submitted to the Associate Administrator for Safety, FRA.
Providing for an approval process will expedite movement of rail tank
cars by simplifying regulatory procedures and eliminating the time
constraints associated with the mandatory comment period required for
special permit applications. The affected special permits include DOT-
SP 11241, 11654, 11803, 12423, 12561, 12613, 12768, 12858, 12903,
13856, 13936, 14004, 14038, 14442, 14505, 14520, 14570, and 14619.
I. Revisions to Procedures
Procedures for serving documents in PHMSA proceedings are
established in 49 CFR Part 105. In accordance with these procedures, a
non-resident of the United States must designate an agent and file the
designation with PHMSA. In this NPRM, we propose to add the phrase
``agent for service of process'' as a synonym for the word ``agent'' in
paragraph (b) of Sec. 105.40(b) to clarify that this term includes an
agent for service of process as this phrase is used elsewhere in
PHMSA's procedural regulations in 49 CFR Parts 105, 106, and 107. In
addition, in this NPRM we propose to revise the definition for
``Special Permit'' in 49 CFR Part 107 to permit the Associate
Administrator of Hazardous Materials Safety to delegate signature
authority at the Office Director level. We are proposing the same
revision to the definition for ``Special Permit'' in Sec. 171.8.
As provided in Sec. 107.105, an application for a special permit
must be submitted in duplicate no matter the method of submission,
whether mail, fax, or e-mail. We propose to revise paragraph (a)(1) of
this section to clarify that a duplicate copy of the application for a
special permit is not required when the application is submitted
electronically by e-mail. We also propose to revise paragraph (a)(2) to
require an e-mail address if available and the DOT registration number
if applicable. Finally, we are revising the format of paragraph (a) for
greater ease of understanding of the application requirements for
special permits.
Application requirements for party status to a special permit are
set forth in Sec. 107.107. We propose to revise paragraph (b)(1) of
this section to clarify that a duplicate copy of the application for
party status is not required when the application is submitted
electronically by e-mail and to revise paragraph (b)(3) to require an
e-mail address if available and the DOT registration number if
applicable. In addition, in paragraph (b)(3), we propose to require an
applicant for party status to provide a justification of the need for
party status to the special permit and to certify that the applicant
has read and understands the provisions of the special permit for party
status. Finally, we are revising the format of paragraph (a) to make it
easier to understand the application requirements.
Application procedures for renewal of a special permit are set
forth in Sec. 107.109. We propose to revise paragraph (a)(1) to state
that a duplicate copy of an application to renew a special permit is
not required when the application is submitted electronically.
IV. Rulemaking Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This NPRM is published under the authority of 49 U.S.C. 5103(b)
which authorizes the Secretary to prescribe regulations for the safe
transportation, including security, of hazardous material in
intrastate, interstate, and foreign commerce. 49 U.S.C. 5117(a)
authorizes the Secretary of Transportation to issue a special permit
from a regulation prescribed in 5103(b), 5104, 5110, or 5112 of the
Federal Hazardous Materials Transportation Law to a person
transporting, or causing to be transported, hazardous material in a way
that achieves a safety level at least equal to the safety level
required under the law, or consistent with the public interest, if a
required safety level does not exist. If adopted as proposed, the final
rule would amend the regulations incorporating provision from certain
widely used and longstanding special permits that have established a
history of safety and which may, therefore, be converted into the
regulations for general use.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This proposed rule is not considered a significant regulatory
action under section 3(f) and 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 Department of Transportation [44 FR 11034].
[[Page 68009]]
In this notice, we propose to amend the HMR to incorporate
alternatives this agency has permitted under widely used and
longstanding special permits with established safety records we have
determined meet the safety criteria for inclusion in the HMR.
Incorporation of these special permits into regulations of general
applicability will provide shippers and carriers with additional
flexibility to comply with established safety requirements, thereby
reducing transportation costs and increasing productivity. In addition,
the proposals in this NPRM will reduce the paperwork burden on industry
and this agency resulting from continued renewals of special permits.
Taken together, the provisions of this proposed rule will promote the
continued safe transportation of hazardous materials while reducing
transportation costs for the industry and administrative costs for the
agency.
C. Executive Order 13132
This proposed rule was analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
proposed rule would preempt state, local and Indian tribe requirements
but does not propose any regulation that has substantial direct effects
on the states, the relationship between the national government and the
states, or the distribution of power and responsibilities among the
various levels of governments. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply. Federal hazardous
material transportation law, 49 U.S.C. 5101-5128, contains an express
preemption provision (49 U.S.C. 5125(b)) preempting state, local and
Indian tribe requirements on certain covered subjects. Covered subjects
are:
(1) The designation, description, and classification of hazardous
materials;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials; or
(5) The design, manufacture, fabrication, marking, maintenance,
reconditioning, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous materials.
This final rule addresses covered subject items (2), (3), and (5)
and would preempt any State, local, or Indian tribe requirements not
meeting the ``substantively the same'' standard. Federal hazardous
materials transportation law provides at 49 U.S.C. 5125(b)(2) that if
PHMSA issues a regulation concerning any of the covered subjects, PHMSA
must determine and publish in the Federal Register the effective date
of Federal preemption. The effective date may not be earlier than the
90th day following the date of issuance of the proposed 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 was analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this proposed
rule does not have tribal implications and does not impose substantial
direct compliance costs on Indian tribal governments, the funding and
consultation requirements of Executive Order 13175 do not apply.
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities.
An agency must conduct a regulatory flexibility analysis unless it
determines and certifies that a rule is not expected to have a
significant impact on a substantial number of small entities. This
proposed rule incorporates into the HMR certain widely used special
permits. Incorporation of these special permits into regulations of
general applicability will provide shippers and carriers with
additional flexibility to comply with established safety requirements,
thereby reducing transportation costs and increasing productivity.
Therefore, I certify this rule will not have a significant economic
impact on a substantial number of small entities.
This proposed rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.
F. Paperwork Reduction Act
PHMSA has an approved information collection under OMB Control
Number 2137-0051, ``Rulemaking, Special Permits, and Preemption
Requirements.'' This NPRM may result in a decrease in the annual burden
and costs under this information collection due to proposed changes to
incorporate provisions contained in certain widely used or longstanding
special permits that have an established safety record.
Under the Paperwork Reduction Act of 1995, no person is required to
respond to an information collection unless it has been approved by OMB
and displays a valid OMB control number. Section 1320.8(d), title 5,
Code of Federal Regulations requires that PHMSA provide interested
members of the public and affected agencies an opportunity to comment
on information and recordkeeping requests.
This notice identifies a revised information collection request
that PHMSA will submit to OMB for approval based on the requirements in
this proposed rule. PHMSA has developed burden estimates to reflect
changes in this proposed rule. PHMSA estimates that the information
collection and recordkeeping burden as proposed in this rule would be
as follows:
OMB Control No. 2137-0051:
Net Decrease in Annual Number of Respondents: 520.
Net Decrease in Annual Responses: 55.
Net Decrease in Annual Burden Hours: 560.
Net Decrease in Annual Burden Costs: $22,400.
PHMSA specifically requests comments on the information collection
and recordkeeping burdens associated with developing, implementing, and
maintaining these requirements for approval under this proposed rule.
Requests for a copy of this information collection should be
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous
Materials Standards (PHH-11), Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001,
Telephone (202) 366-8553.
Address written comments to the Dockets Unit as identified in the
ADDRESSES section of this rulemaking. We must receive comments
regarding information collection burdens prior to the close of the
comment period identified in the DATES section of this rulemaking. In
addition, you may submit comments specifically related to the
information collection burden to the PHMSA Desk Officer, Office of
[[Page 68010]]
Management and Budget, at fax number 202-395-6974.
G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document may be used to cross-reference this action with the
Unified Agenda.
H. Unfunded Mandates Reform Act of 1995
This proposed rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$141.3 million or more to either state, local or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
I. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), requires Federal agencies to consider the
consequences of major Federal actions and to prepare a detailed
statement on actions that significantly affect the quality of the human
environment.
The hazardous materials regulatory system is a risk management
system that is prevention-oriented and focused on identifying a hazard
and reducing the probability and quantity of a hazardous materials
release. Hazardous materials are categorized by hazard analysis and
experience into hazard classes and packing groups. The regulations
require each shipper to class a material in accordance with these
hazard classes and packing groups; the process of classifying a
hazardous material is itself a form of hazard analysis. Further, the
regulations require the shipper to communicate the material's hazards
by identifying the hazard class, packing group, and proper shipping
name on shipping papers and with labels on packages and placards on
transport vehicles. Thus, the shipping paper, labels, and placards
communicate the most significant findings of the shipper's hazard
analysis. A hazardous material is assigned to one of three packing
groups based upon its degree of hazard, from a high hazard Packing
Group I material to a low hazard Packing Group III material. The
quality, damage resistance, and performance standards for the
packagings authorized for the hazardous materials in each packing group
are appropriate for the hazards of the material transported.
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 transportation
accidents. The need for hazardous materials to support essential
services means transportation of highly hazardous materials is
unavoidable. However, these shipments frequently move through densely
populated or environmentally sensitive areas where the consequences of
an incident could be loss of life, serious injury, or significant
environmental damage. The ecosystems that could be affected by a
hazardous materials release during transportation include atmospheric,
aquatic, terrestrial, and vegetal resources (for example, wildlife
habitats). The adverse environmental impacts associated with releases
of most hazardous materials are short-term impacts that can be greatly
reduced or eliminated through prompt clean-up of the accident scene.
There are no significant environmental impacts associated with the
proposals in this NPRM. We are proposing clarifications and changes to
certain HMR requirements to include methods for packaging, describing,
and transporting hazardous materials that are currently permitted under
widely used special permits with established safety records for
inclusion in the HMR. The process through which safety permits are
issued requires the applicant to demonstrate that the alternative
transportation method or packaging proposed provides an equivalent
level of safety as that provided in the HMR. Implicit in this process
is that the special permit must provide an equivalent level of
environmental protection as that provided in the HMR. Thus,
incorporation of the special permits as regulations of general
applicability maintains the existing environmental protections built
into the HMR.
J. Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70, pages 19477-78), or at http://www.regulations.gov.
List of Subjects
49 CFR Part 105
Administrative practice and procedure, Hazardous materials
transportation.
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Packaging and containers, Penalties, Reporting and
recordkeeping requirements.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Reporting and recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 174
Hazardous materials transportation, Radioactive materials, Rail
carriers, Railroad safety, Reporting and recordkeeping requirements.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 177
Hazardous materials transportation, Motor carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 179
Hazardous materials transportation, Railroad safety, Reporting and
recordkeeping requirements.
In consideration of the foregoing, we propose to amend 49 CFR
Chapter I as follows:
PART 105--HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL
PROCEDURES
1. The authority citation for part 105 is revised to read as
follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
Sec. 105.40 [Amended]
2. In Sec. 105.40, paragraph (b), introductory paragraph, after
the word ``agent'', add the words and punctuation ``, also known as
``agent for service of process''.''
[[Page 68011]]
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
3. The authority citation for part 107 is revised 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.
4. In Sec. 107.1, revise the definition of ``Special permit'' to
read as follows:
Sec. 107.1 Definitions.
* * * * *
Special permit means a document issued by the Associate
Administrator, or other designated Department official, under the
authority of 49 U.S.C. 5117 permitting a person to perform a function
that is not otherwise permitted under subchapters A or C of this
chapter, or other regulations issued under 49 U.S.C. 5101 et seq.
(e.g., Federal Motor Carrier Safety routing requirements). The terms
``special permit'' and ``exemption'' have the same meaning for purposes
of subchapters A or C of this chapter or other regulations issued under
49 U.S.C. 5101 through 5128.
* * * * *
5. In Sec. 107.105, revise paragraph (a) to read as follows:
Sec. 107.105 Application for special permit.
(a) General. Each application for a special permit or modification
of a special permit must be written in English and submitted for timely
consideration, at least 120 days before the requested effective date
and must--
(1)(i) Be submitted in duplicate to: Associate Administrator for
Hazardous Materials Safety (Attention: Special Permits, PHH-31),
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, East Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590-0001;
(ii) Be submitted in duplicate with any attached supporting
documentation by facsimile (fax) to: (202) 366-3753 or (202) 366-3308;
or
(iii) Be submitted by electronic mail (e-mail) to:
[email protected]. Electronic submissions need not be submitted in
duplicate;
(2) State the name, street and mailing addresses, e-mail address
(if available), US DOT Registration number (if applicable), and
telephone number of the applicant. If the applicant is not an
individual, also state the name, street and mailing addresses, e-mail
address (if available), and telephone number of an individual
designated as an agent of the applicant for all purposes related to the
application;
(3) Include a designation of agent of service for process in
accordance with Sec. 105.40 of this part if the applicant is not a
resident of the United States; and
(4) For a manufacturing special permit, include a statement of the
name and street address of each facility when manufacturing under the
special permit will occur.
* * * * *
6. In Sec. 107.107, revise paragraphs (b)(1), (3), (4), and (5) to
read as follows:
Sec. 107.107 Application for party status.
* * * * *
(b) * * *
(1)(i) Be submitted in duplicate to: Associate Administrator for
Hazardous Materials Safety (Attention: Special Permits, PHH-31),
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, East Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590-0001;
(ii) Be submitted in duplicate with any attached supporting
documentation by facsimile (fax) to: (202) 366-3753 or (202) 366-3308;
or
(iii) Be submitted by electronic mail (e-mail) to:
[email protected]. Electronic submissions need not be submitted in
duplicate;
(2) * * *
(3) State the name, street and mailing addresses, e-mail address
(if available), US DOT Registration number (if applicable), and
telephone number of the applicant. If the applicant is not an
individual, also state the name, street and mailing addresses, e-mail
address (if available), and telephone number of an individual
designated as an agent of the applicant for all purposes related to the
application. In addition, each applicant must state why party status to
the special permit is needed and must submit a certification of
understanding of the provisions of the special permit to which party
status is being requested;
(4) Include a designation of agent of service for process in
accordance with Sec. 105.40 of this part if the applicant is not a
resident of the United States; and
(5) For a Class 1 material that is forbidden for transportation by
aircraft except under a special permit (see Columns 9A and 9B in the
table in 49 CFR 172.101), include a certification by the applicant for
party status to a special permit to transport such Class 1 material, on
passenger-carrying or cargo-only aircraft with a maximum certificated
takeoff weight of less than 12,500 pounds, that no person within the
categories listed in 18 U.S.C. 842(i) will participate in the
transportation of the Class 1 material.
* * * * *
7. Revise Sec. 107.109 to read as follows:
Sec. 107.109 Application for renewal.
(a) Each application for renewal of a special permit or renewal of
party status to a special permit must--
(1)(i) Be submitted in duplicate to: Associate Administrator for
Hazardous Materials Safety (Attention: Special Permits, PHH-31),
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, East Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590-0001;
(ii) Be submitted in duplicate with any attached supporting
documentation by facsimile (fax) to: (202) 366-3753 or (202) 366-3308;
or
(iii) Be submitted by electronic mail (e-mail) to:
[email protected]. Electronic submissions need not be submitted in
duplicate;
(2) Identify by number the special permit for which renewal is
requested;
(3) State the name, street and mailing addresses, e-mail address
(if available), US DOT Registration number (if applicable), and
telephone number of the applicant. If the applicant is not an
individual, also state the name, street and mailing addresses, e-mail
address (if available), and telephone number of an individual
designated as an agent of the applicant for all purposes related to the
application. In addition, each applicant for renewal of party status
must state why party status to the special permit is needed and must
submit a certification of understanding of the provisions of the
special permit to which party status is being requested;
(4) Include either a certification by the applicant that the
original application, as it may have been updated by any application
for renewal, remains accurate and complete; or include an amendment to
the previously submitted application as is necessary to update and
assure the accuracy and completeness of the application, with
certification by the applicant that the application as amended is
accurate and complete; and
(5) Include a statement describing all relevant shipping and
incident experience of which the applicant is aware in connection with
the special permit since its issuance or most recent renewal. If the
applicant is aware of no incidents, the applicant must so certify. When
known to the applicant, the statement should indicate the approximate
number of shipments made or packages shipped, as the case may be, and
number of shipments or packages
[[Page 68012]]
involved in any loss of contents, including loss by venting other than
as authorized in subchapter C; and
(6) When a Class 1 material is forbidden for transportation by
aircraft, except under a special permit (see Columns 9A and 9B in the
table in 49 CFR 172.101), include a certification by the applicant for
renewal of party status to a special permit to transport such Class 1
material, on passenger-carrying or cargo-only aircraft with a maximum
certificated takeoff weight of less than 12,500 pounds, that no person
within the categories listed in 18 U.S.C. 842(i) will participate in
the transportation of the Class 1 material.
(b) If at least 60 days before an existing special permit expires
the grantee files an application for renewal that is complete and
conforms to the requirements of this section, the special permit will
not expire until final administrative action on the application for
renewal has been taken.
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
8. The 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.
9. In Sec. 171.8, add a new definition for ``Mechanical
displacement meter prover'' and revise the definition for ``Special
permit'' to read as follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Mechanical displacement meter prover means a mechanical device used
in the oilfield service industry consisting of a pipe assembly that is
used to calibrate the accuracy and performance of meters that measure
the quantities of a product being pumped or transferred at facilities
such as drilling locations, refineries, tank farms, and loading racks.
* * * * *
Special permit means a document issued by the Associate
Administrator, or other designated Department official, under the
authority of 49 U.S.C. 5117 permitting a person to perform a function
that is not otherwise permitted under subchapters A or C of this
chapter, or other regulations issued under 49 U.S.C. 5101 et seq.
(e.g., Federal Motor Carrier Safety routing requirements). The terms
``special permit'' and ``exemption'' have the same meaning for purposes
of subchapters A or C of this chapter or other regulations issued under
49 U.S.C. 5101 through 5128.
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
10. The authority citation for part 173 continues to read as
follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.
11. In Sec. 173.3, revise paragraph (d)(6) to read as follows:
Sec. 173.3 Packaging and exceptions.
* * * * *
(d) * * *
(6) Transportation is authorized by motor vehicle and vessel only.
* * * * *
12. In Sec. 173.5a, revise paragraph (b) to read as follows:
Sec. 173.5a Oilfield service vehicles and mechanical displacement
meter provers.
* * * * *
(b) Mechanical displacement meter provers. (1) A mechanical
displacement meter prover, as defined in Sec. 171.8 of this
subchapter, permanently mounted on a truck chassis or trailer and
transported by motor vehicle is excepted from the specification
packaging requirements in part 178 of this subchapter provided it--
(i) Contains only the residue of a Division 2.1 (flammable gas) or
Class 3 (flammable liquid) material. For liquids, the meter prover must
be drained to not exceed 10% of its capacity or, to the extent that
draining of the meter prover is impracticable, to the maximum extent
practicable. For gases, the meter prover must not exceed 25% of the
marked pressure rating;
(ii) Has a water capacity of 3,785 L (1,000 gallons) or less;
(iii) Is designed and constructed in accordance with chapters II,
III, IV, V and VI of ASME Standard B31.4 (IBR, see Sec. 171.7 of this
subchapter);
(iv) Is marked with the MAWP determined from the pipe component
with the lowest pressure rating; and
(v) Is equipped with rear-end protection as prescribed in Sec.
178.337-10(c) of this subchapter and 49 CFR 393.86 of the Federal Motor
Carrier Safety Regulations.
(2) The description on the shipping paper for a meter prover
containing the residue of a hazardous material must include the phrase
``RESIDUE: LAST CONTAINED * * * '' before the basic description.
(3) Periodic test and inspection. (i) Each meter prover must be
externally visually inspected once a year. The external visual
inspection must include at a minimum: checking for leakage, defective
fittings and welds, defective closures, significant dents and other
defects or abnormalities which indicate a potential or actual weakness
that could render the meter prover unsafe for transportation; and
(ii) Each meter prover must be pressure tested once every 5 years
at not less than 75% of design pressure. The pressure must be held for
a period of time sufficiently long to assure detection of leaks, but in
no case less than 5 minutes.
(4) In addition to the training requirements in subpart H, the
person who performs the visual inspection or pressure test and/or signs
the inspection report must have the knowledge and ability to perform
them as required by this section.
(5) A meter prover that fails the periodic test and inspection must
be rejected and removed from hazardous materials service unless the
meter prover is adequately repaired, and thereafter, a successful test
is conducted in accordance with the requirements of this section.
(6) Prior to any repair work, the meter prover must be emptied of
any hazardous material. A meter prover containing flammable lading must
be purged.
(7) Each meter prover successfully completing the external visual
inspection and the pressure test must be marked with the test date
(month/year), and the type of test or inspection as follows:
(i) V for external visual inspection; and
(ii) P for pressure test.
The marking must be on the side of a tank or the largest piping
component in letters 32 mm (1.25 inches) high on a contrasting
background.
(8) The owner must retain a record of the most recent external
visual inspection and pressure test until the next test or inspection
of the same type is successfully completed. The test or inspection
report must include the following:
(i) Serial number or other meter prover identifier;
(ii) Type of test or inspection performed;
(iii) Test date (month/year);
(iv) Location of defects found, if any, and method used to repair
each defect;
(v) Name and address of person performing the test or inspection;
(vi) Disposition statement, such as ``Meter Prover returned to
service'' or ``Meter Prover removed from service''.
13. In Sec. 173.12, revise paragraphs (b) and (e), redesignate
paragraph (f) as new
[[Page 68013]]
paragraph (g), and add new paragraph (f) to read as follows:
Sec. 173.12 Exceptions for shipment of waste materials.
* * * * *
(b) Lab packs. (1) Waste materials prohibited by paragraph (b)(3)
of this section are not authorized for transport in packages authorized
by this paragraph (b). Waste materials classed as Class or Division 3,
4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 8, or 9 are excepted from the
specification packaging requirements of this subchapter for combination
packagings if packaged in accordance with this paragraph (b) and
transported for disposal or recovery by highway, rail or cargo vessel.
In addition, a generic description from the Sec. 172.101 Hazardous
Materials Table may be used in place of specific chemical names, when
two or more chemically compatible waste materials in the same hazard
class are packaged in the same outside packaging.
(2) Combination packaging requirements:
(i) Inner packagings. The inner packagings must be either glass,
not exceeding 4 L (1 gallon) rated capacity, or metal or plastic, not
exceeding 20 L (5.3 gallons) rated capacity. Inner packagings
containing liquid must be surrounded by a chemically compatible
absorbent material in sufficient quantity to absorb the total liquid
contents.
(ii) Outer packaging. Each outer packaging may contain only one
class of waste material. The following outer packagings are authorized
except that Division 4.2 Packing Group I materials must be packaged
using UN standard steel or plastic drums tested and marked to the
Packing Group I performance level for liquids or solids; and bromine
pentafluoride and bromine trifluoride may not be packaged using UN 4G
fiberboard boxes:
(A) A UN 1A2 or UN 1B2 metal drum, a UN 1D plywood drum, a UN 1G
fiber drum, or a UN 1H2 plastic drum, tested and marked to at least the
Packing Group III performance level for liquids or solids;
(B) At a minimum, a double-walled UN 4G fiberboard box made out of
500 pound burst-strength fiberboard fitted with a polyethylene liner at
least 3 mils (0.12 inches) thick and when filled during testing to 95
percent capacity with a solid material, successfully passes the tests
prescribed in Sec. Sec. 178.603 (drop) and 178.606 (stacking), and is
capable of passing the tests prescribed in Sec. 178.608 (vibration) to
at least the Packing Group II performance level for liquids or solids;
or
(C) A UN 11G fiberboard intermediate bulk container (IBC) or a UN
11HH2 composite IBC, fitted with a polyethylene liner at least 6 mils
(0.24 inches) thick, that successfully passes the tests prescribed in
Subpart O of Part 178 and Sec. 178.603 to at least the Packing Group
II performance level for liquids or solids; a UN 11HH2 is composed of
multiple layers of encapsulated corrugated fiberboard between inner and
outer layers of woven coated polypropylene.
(iii) The gross weight of each completed combination package may
not exceed 205 kg (452 lbs).
(3) Prohibited materials. The following waste materials may not be
packaged or described under the provisions of this paragraph (b): a
material poisonous-by-inhalation, a Division 6.1 Packing Group I
material, chloric acid, and oleum (fuming sulfuric acid).
* * * * *
(e) Segregation requirements. Waste materials packaged according to
paragraph (b) of this section and transported in conformance with this
paragraph (e) are not subject to the segregation requirements in
Sec. Sec. 174.81(d), 176.83(b), and 177.848(d) if blocked and braced
in such a manner that they are separated from incompatible materials by
a minimum horizontal distance of 1.2 m (4 feet) and the packages are
loaded at least 100 mm (4 inches) off the floor of the freight
container, unit load device, transport vehicle, or rail car. The
following conditions specific to incompatible materials also apply:
(1) The freight container, unit load device, transport vehicle, or
rail car may not contain any Class 1 explosives, Class 7 radioactive
material, or uncontainerized hazardous materials;
(2) Waste cyanides and waste acids. For waste cyanides stored,
loaded, and transported with waste acids:
(i) The cyanide or a cyanide mixture may not exceed 2 kg (4.4
pounds) net weight per inner packaging and may not exceed 10 kg (22
pounds) net weight per outer packaging; a cyanide solution may not
exceed 2 L (0.6 gallon) per inner packaging and may not exceed 10 L
(3.0 gallons) per outer packaging; and
(ii) The acids must be packaged in lab packs in accordance
paragraph (b) of this section or in single packagings authorized for
the acid in Column (8B) of the Sec. 172.101 Hazardous Materials Table
of this subchapter not to exceed 208 L (55 gallons) capacity.
(3) Waste Division 4.2 materials and waste Class 8 liquids. For
waste Division 4.2 materials stored, loaded, and transported with waste
Class 8 liquids:
(i) The Division 4.2 material may not exceed 2 kg (4.4 pounds) net
weight per inner packaging and may not exceed 10 kg (22 pounds) net
weight per outer packaging; and
(ii) The Class 8 liquid must be packaged in lab packs in accordance
with paragraph (b) of this section or in single packagings authorized
for the material in Column (8B) of the Sec. 172.101 Hazardous
Materials Table of this subchapter not to exceed 208 L (55 gallons)
capacity.
(4) Waste Division 6.1 Packing Group I, Hazard Zone A material and
waste Class 3, Class 8 liquids, or Division 4.1, 4.2, 4.3, 5.1 and 5.2
materials. For waste Division 6.1 Packing Group I, Hazard Zone A
material stored, loaded, and transported with waste Class 8 liquids, or
Division 4.2, 4.3, 5.1 and 5.2 materials:
(i) The Division 6.1 Packing Group I, Hazard Zone A material must
be packaged in accordance with Sec. 173.226(c) of this subchapter and
overpacked in a UN standard steel or plastic drum meeting the Packing
Group I performance level;
(ii) The Class 8 liquid must be packaged in lab packs in accordance
with paragraph (b) of this section or in single packagings authorized
for the material in Column (8B) of the Sec. 172.101 Hazardous
Materials Table of this subchapter not to exceed 208 L (55 gallons)
capacity.
(iii) The Division 4.2 material may not exceed 2 kg (4.4 pounds)
net weight per inner packaging and may not exceed 10 kg (22 pounds) net
weight per outer packaging;
(iv) The Division 5.1 materials may not exceed 2 kg (4.4 pounds)
net weight per inner packaging and may not exceed 10 kg (22 pounds) net
weight per outer packaging. The aggregate net weight per freight
container, unit load device, transport vehicle, or rail car may not
exceed 100 kg (220 pounds);
(v) The Division 5.2 material may not exceed 1 kg (2.2 pounds) net
weight per inner packaging and may not exceed 5 kg (11 pounds) net
weight per outer packaging. Organic Peroxide, Type B material may not
exceed 0.5 kg (1.1 pounds) net weight per inner packaging and may not
exceed 2.5 kg (5.5 pounds) net weight per outer packaging. The
aggregate net weight per freight container, unit load device, transport
vehicle, or rail car may not exceed 50 kg (110 pounds).
(f) Additional exceptions. Lab packs conforming to the requirements
of this section are not subject to the following:
[[Page 68014]]
(1) The overpack marking and labeling requirements in Sec.
173.25(a)(2) of this subchapter when secured to a pallet with shrink-
wrap or stretch-wrap except that labels representative of each Hazard
Class or Division in the overpack must be visibly displayed on two
opposing sides.
(2) The restrictions for overpacks containing Class 8, Packing
Group I material and Division 5.1, Packing Group I material in Sec.
173.25(a)(5) of this subchapter. These waste materials may be
overpacked with other materials.
(g) Household waste. Household waste, as defined in Sec. 171.8 of
this subchapter, is not subject to the requirements of this subchapter
when transported in accordance with applicable state, local, or tribal
requirements.
14. In Sec. 173.13, revise paragraph (c)(1)(ii) to read as
follows:
Sec. 173.13 Exceptions for Class 3, Division 4.1, 4.2, 4.3, 5.1, 6.1,
and Classes 8 and 9 materials.
* * * * *
(c) * * *
(1) * * *
(ii) The inner packaging must be placed in a hermetically sealed
barrier bag which is impervious to the lading, and then wrapped in a
non-reactive absorbent material in sufficient quantity to completely
absorb the contents of the inner packaging. Alternatively, the inner
packaging may first be wrapped in a non-reactive absorbent material and
then placed in the hermetically sealed barrier bag. The combination of
inner packaging, absorbent material, and bag must be placed in a snugly
fitting metal can.
* * * * *
15. In Sec. 173.31, revise paragraph (d)(1)(vi) to read as
follows:
Sec. 173.31 Use of tank cars.
* * * * *
(d) * * *
(1) * * *
(vi) The pressure relief device, including a careful inspection of
the rupture disc in non-reclosing pressure relief devices, for
corrosion or damage that may alter the intended operation of the
device. The rupture disc is not required to be removed prior to visual
inspection if the tank car contains the residue, as defined in Sec.
171.8 of this subchapter, of a Class 8, PG II or PG III material with
no subsidiary hazard or the residue of a Class 9 elevated temperature
material;
* * * * *
16. In Sec. 173.306, redesignate paragraph (k) as paragraph (l)
and add new paragraph (k) to read as follows:
Sec. 173.306 Limited quantities of compressed gases.
* * * * *
(k) Aerosols for recycling or disposal. Aerosols, as defined in
Sec. 171.8 of this subchapter, containing a limited quantity which
conforms to the provisions of paragraph (a)(3), (a)(5), (b)(1), (b)(2),
or (b)(3) of this section are not subject to the 30 kg (66 pounds)
gross weight limitation for strong outer packaging when transported by
motor vehicle for purposes of recycling or disposal under the following
conditions:
(1) The strong outer packaging must not exceed a gross weight of
500 kg (1,100 pounds);
(2) Each aerosol container must be secured with a cap to protect
the valve stem or the valve stem must be removed; and
(3) The packaging must be offered for transportation or transported
by--
(i) Private or contract motor carrier; or
(ii) Common carrier in a motor vehicle under exclusive use for such
service.
(l) For additional exceptions, also see Sec. 173.307.
17. Add new Sec. 173.310 to read as follows:
Sec. 173.310 Exceptions for radiation detectors.
Radiation detectors, radiation sensors, electron tube devices, or
ionization chambers, herein referred to as ``radiation detectors,''
that contain only Division 2.2 gases, are excepted from the
specification packaging in this subchapter and, except when transported
by air, from labeling and placarding requirements of this subchapter
when designed, packaged, and transported as follows:
(a) Radiation detectors must be single-trip, hermetically sealed,
welded metal inside containers that will not fragment upon impact.
(b) Radiation detectors must not have a design pressure exceeding
4.83 MPa (700 psig) and a maximum capacity exceeding 355 fluid ounces
(641 cubic inches). They must be designed and fabricated with a burst
pressure of not less than three times the design pressure if the
radiation detector is equipped with a pressure relief device, and not
less than four times the design pressure if the detector is not
equipped with a pressure relief device.
(c) Radiation detectors must be shipped in a strong outer packaging
capable of withstanding a drop test of at least 1.2 meters (4 feet)
without breakage of the radiation detector or rupture of the outer
packaging. If the radiation detector is shipped as part of other
equipment, the equipment must be packaged in strong outer packaging or
the equipment itself must provide an equivalent level of protection.
(d) Emergency response information accompanying each shipment and
available from each emergency response telephone number for radiation
detectors must identify those receptacles that are not fitted with a
pressure relief device and provide appropriate guidance for exposure to
fire.
PART 174--CARRIAGE BY RAIL
18. The authority citation for part 174 continues to read as
follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
19. In Sec. 174.81, revise paragraph (c) to read as follows:
Sec. 174.81 Segregation of hazardous materials.
* * * * *
(c) 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; Division 4.2 materials may not be stored,
loaded and transported with Class 8 liquids; and Division 6.1 Packing
Group I, Hazard Zone A material may not be stored, loaded and
transported with Class 3 material, Class 8 liquids, and Division 4.1,
4.2, 4.3, 5.1 or 5.2 material.
* * * * *
PART 176--CARRIAGE BY VESSEL
20. The authority citation for part 176 continues to read as
follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
21. In Sec. 176.83, revise paragraph (a)(11) to read as follows:
Sec. 176.83 Segregation.
(a) * * *
(11) Certain exceptions from segregation for waste cyanides or
waste cyanide mixtures or solutions transported with acids; waste
Division 4.2 materials transported with Class 8 liquids; and waste
Division 6.1 Packing Group I, Hazard Zone A material transported with
waste Class 3 material, Class 8 liquids, and Division 4.1, 4.2, 4.3,
5.1 or 5.2 material.
* * * * *
PART 177--CARRIAGE BY PUBLIC HIGHWAY
22. The authority citation for part 177 continues to read as
follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
[[Page 68015]]
23. In Sec. 177.848, revise paragraph (c) 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; Division 4.2 materials may not be stored, loaded and
transported with Class 8 liquids; and Division 6.1 Packing Group I,
Hazard Zone A material may not be stored, loaded and transported with
Class 3 material, Class 8 liquids, and Division 4.1, 4.2, 4.3, 5.1 or
5.2 material.
* * * * *
PART 179--SPECIFICATIONS FOR TANK CARS
24. The authority citation for part 179 continues to read as
follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
25. Revise Sec. 179.13 to read as follows:
Sec. 179.13 Tank car capacity and gross weight limitation.
Except as provided in this section, tank cars, built after November
30, 1970, or any existing tank cars that are converted, may not exceed
34,500 gallons (130,597 L) capacity or 263,000 pounds (119,295 kg)
gross weight on rail.
(a) For other than tank cars containing poisonous-by-inhalation
material, a tank car may be loaded to a gross weight on rail of up to
286,000 pounds (129,727 kg) upon approval by the Associate
Administrator for Safety, Federal Railroad Administration (FRA). Tank
cars must conform to the conditions of the approval and must be
operated only under controlled interchange conditions agreed to by
participating railroads.
(b) Tank cars containing poisonous-by-inhalation material meeting
the applicable authorized tank car specifications listed in Sec.
173.244(a)(2) or (3), or Sec. 173.314(c) or (d) may have a gross
weight on rail of up to 286,000 pounds (129,727 kg). Tank cars
exceeding 263,000 pounds and up to 286,000 pounds gross weight on rail
must meet the requirements of AAR Standard S-286, Free/Unrestricted
Interchange for 286,000 lb Gross Rail Load Cars (IBR; see Sec. 171.7
of this subchapter). Any increase in weight above 263,000 pounds may
not be used to increase the quantity of the contents of the tank car.
Issued in Washington, DC, on December 7, 2009 under authority
delegated in 49 CFR part 1.
Magdy El-Sibaie,
Acting Associate Administrator for Hazardous Materials Safety, Pipeline
and Hazardous Materials Safety Administration.
[FR Doc. E9-30280 Filed 12-21-09; 8:45 am]
BILLING CODE 4910-60-P