{"operation":"document","citation":"69 FR 64462","title":"Hazardous Materials: Miscellaneous Changes to the Hazard Communication Requirements","source_type":"rulemaking","agency":"Research and Special Programs Administration","status":"historical","official":true,"published_on":"2004-11-04","effective_on":"2005-10-01","summary":"This final rule amends the Hazardous Materials Regulations (HMR) to improve hazard communication for hazardous materials transported in commerce. Revisions adopted in this final rule include: permitting the use of the Pantone Formula, an industry guide for colors, for hazard warning labels and placards; expanding the use of labels specified in the Compressed Gas Association Pamphlet C-7 on cylinders used to transport Division 2.1, 2.2, or 2.3 gases to all modes of transportation; requiring a NON-ODORIZED marking on certain cylinders, portable tanks, cargo tanks, and tank cars and multi unit tank car tanks containing unodorized liquefied petroleum gas; and allowing a FUMIGANT marking to be removed from a transport vehicle or freight container before the lading is unloaded if the vehicle has undergone sufficient aeration. Taken together, the revisions in this final rule will enhance hazard communication for the safe handling of hazardous materials in transportation and the prompt identification of hazardous materials involved in transportation incidents.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-04-24377.json","markdown":"https://regulus.evalyn.ai/document/federal-register-04-24377.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-04-24377","source_url":"https://www.federalregister.gov/documents/2004/11/04/04-24377/hazardous-materials-miscellaneous-changes-to-the-hazard-communication-requirements","body":"Federal Register, Volume 69 Issue 213 (Thursday, November 4, 2004) [Federal Register Volume 69, Number 213 (Thursday, November 4, 2004)] [Rules and Regulations] [Pages 64462-64473] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 04-24377] [[Page 64461]] ----------------------------------------------------------------------- Part V Department of Transportation ----------------------------------------------------------------------- Research and Special Programs Administration ----------------------------------------------------------------------- 49 CFR Parts 171, 172, and 173 Hazardous Materials: Miscellaneous Changes to the Hazard Communication Requirements; Final Rule Federal Register / Vol. 69, No. 213 / Thursday, November 4, 2004 / Rules and Regulations [[Page 64462]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Research and Special Programs Administration 49 CFR Parts 171, 172, and 173 [RSPA-03-15327 (Docket No. HM-206B)] RIN 2137-AD28 Hazardous Materials: Miscellaneous Changes to the Hazard Communication Requirements AGENCY: Research and Special Programs Administration (RSPA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule amends the Hazardous Materials Regulations (HMR) to improve hazard communication for hazardous materials transported in commerce. Revisions adopted in this final rule include: permitting the use of the Pantone Formula, an industry guide for colors, for hazard warning labels and placards; expanding the use of labels specified in the Compressed Gas Association Pamphlet C-7 on cylinders used to transport Division 2.1, 2.2, or 2.3 gases to all modes of transportation; requiring a NON-ODORIZED marking on certain cylinders, portable tanks, cargo tanks, and tank cars and multi unit tank car tanks containing unodorized liquefied petroleum gas; and allowing a FUMIGANT marking to be removed from a transport vehicle or freight container before the lading is unloaded if the vehicle has undergone sufficient aeration. Taken together, the revisions in this final rule will enhance hazard communication for the safe handling of hazardous materials in transportation and the prompt identification of hazardous materials involved in transportation incidents. FOR FURTHER INFORMATION CONTACT: Helen L. Engrum, Office of Hazardous Materials Standards, Research and Special Programs Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001, (202) 366-8553. DATES: Effective Date: The effective date of these amendments is October 1, 2005. Voluntary Compliance Date: RSPA is authorizing voluntary compliance with the amendments adopted in this final rule beginning December 6, 2004. SUPPLEMENTARY INFORMATION: List of Topics I. Background II. Provisions Adopted in this Final Rule III. Comments Made to the NPRM IV. Marking Requirements A. NON-ODORIZED marking on cylinders, portable tanks, cargo tanks, and tank cars containing liquefied petroleum gas B. Type B Organic peroxide identification number marking C. Fumigant marking V. Materials Poisonous by Inhalation (PIH) A. Revision of PIH label and placard and transition provisions B. Hydrogen fluoride, anhydrous, and similar materials C. Residues (when PIH subsidiary) VI. Other Requirements for Labels and Placards A. Color standards for labels and placards B. ASTM D4956-01a (red and white) for retro reflective colors C. Organic Peroxide Subsidiary FLAMMABLE LIQUID Label D. Cylinder markings in accordance with CGA Pamphlet C-7 E. Placarding exception for Class 9 materials (domestic) F. Residues of Class 9 (miscellaneous) hazardous substances, when less than RQ remains G. Footnote to Table 1 (placards)--editorial correction VII. Training and Emergency Response Information A. Emergency response telephone number requirements B. Clarification of the emergency response information and training requirements for Combustible liquids VIII. Security Plans Applicable to Select Agents IX. Regulatory Analyses and Notices A. Executive Order 12866 and DOT Regulatory Policies and Procedures B. Executive Order 13132 C. Executive Order 13175 D. Regulatory Flexibility Act E. Paperwork Reduction Act F. Regulatory Identification Number (RIN) G. Unfunded Mandates Reform Act H. Environmental Assessment I. Background The Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) include a wide variety of hazard identification and communication requirements for hazardous materials transportation. Generally, the HMR require packages of hazardous materials to be marked with the shipping name and identification number of the material contained in the package, and to display hazard warning labels. Placards and other markings must be affixed to a transport vehicle or bulk packaging containing hazardous materials. Hazardous materials must be described on a shipping paper that accompanies the shipment. The shipping paper or an associated document must contain emergency response information and the shipping paper must include an emergency response telephone number that is monitored at all times the material is in transportation. This telephone number is used by emergency responders to obtain detailed, product-specific information that includes guidance for the initial actions to be taken in the event of an incident. These requirements are designed, in part, to provide fire and emergency response personnel, transport workers, and the public with information in the event of a transportation incident involving the hazardous materials. The hazard communication and emergency response information requirements are set forth in subparts C through G of part 172 of the HMR. The hazard communication system in the HMR is generally consistent with international standards for hazardous materials transportation. On June 11, 2003, the Research and Special Programs Administration (RSPA, we) published a notice of proposed rulemaking (NPRM; 68 FR 34880) proposing a number of changes to enhance the identification of hazardous materials in transportation and improve the availability of emergency response information. The NPRM was based on several petitions for rulemaking, requests for clarification, and RSPA initiatives, and included clarifications and improvements to the shipping paper, identification number and other marking, labeling and placarding, and emergency response telephone number requirements. Emergency responders must know how to react appropriately in emergency situations in order to coordinate response actions that will protect human life and property. The changes to the hazard communication requirements adopted in this final rule will result in better response by, and protection of, emergency response personnel, fire or police personnel, and the general public. In addition, some of the changes adopted in this final rule will provide the regulated industry with additional flexibility to meet hazard communication requirements, thus reducing compliance burdens. Taken together, the amendments adopted in this final rule will help shippers and carriers to ensure that hazardous materials are transported with minimum risks to persons, property, and the environment. II. Summary of Regulatory Changes In this final rule, we are adopting the following revisions to the HMR: Permitting the use of Pantone[reg] Formula, an industry guide for colors, for hazard warning labels and placards. Expanding the use of labels specified in the Compressed Gas Association Pamphlet C-7 on cylinders used to transport Division 2.1, 2.2, or 2.3 gases to all modes of transportation. [[Page 64463]] Requiring a NON-ODORIZED marking on certain packages containing unodorized liquefied petroleum gas. Allowing a FUMIGANT marking to be removed from a transport vehicle or freight container before the lading is unloaded provided the vehicle or freight container has undergone sufficient aeration. Clarifying that beeper or other types of call-back systems do not meet the requirements in Sec. 172.604 for emergency response telephone numbers. Clarifying that international shipments of Class 9 materials may utilize the placarding exception for Class 9 materials while the shipment is being transported in the United States. Clarifying that a return shipment of a package that contains less than a reportable quantity of a Class 9 hazardous substance may be offered for transportation and transported with markings and placards in place. Clarifying emergency response information and training requirements for combustible liquids. We are not adopting provisions proposed in the NPRM concerning the design of poison-by-inhalation labels and placards, the use of retro reflective materials for certain placards, marking requirement for shipments of temperature-controlled Type B organic peroxides, and the organic peroxide subsidiary FLAMMABLE LIQUID label. III. Comments Made to the NPRM RSPA received approximately 19 written comments to the NPRM from trade associations, including the American Chemistry Council, Compressed Gas Association, National Propane Gas Association, National Pest Management Association, American Society of Safety Engineers, American Petroleum Institute, Association of American Railroads, American Trucking Associations, The Conference on Safe Transportation of Hazardous Articles, Inc., Commercial Vehicle Safety Alliance, and the International Vessel Operators Hazardous Materials Association, Inc.; chemical manufacturers; shippers and carriers of hazardous materials; and The Georgia Department of Motor Vehicle Safety. Overall the commenters support the regulatory amendments, clarifications, and transitional provisions in the NPRM because the actions will clarify several confusing regulations, assist shippers and carriers with hazardous materials compliance, and enhance hazard communication and emergency response. Several commenters raised concerns about certain provisions in the proposals. Relevant portions of these comments are discussed in detail in the following sections of this preamble. IV. Marking Requirements A. NON-ODORIZED Marking on Certain Cylinders, Portable Tanks, Cargo Tanks, and Tank Cars Containing Liquefied Petroleum Gases (Sec. 172.301; 172.326; 172.328; and 172.330) Liquefied petroleum gases include butane, isobutane, propane, propylene (propene) butylenes (butenes), and any mixtures of these hydrocarbons. These gases are flammable, colorless, noncorrosive, and nontoxic. They are easily liquefied under pressure at ambient temperature, and are shipped and stored as liquids. They are largely used in gaseous and liquid form as fuels in many diverse applications. The gases are also denoted by the terms LP-Gas or LPG. In the NPRM, we proposed to require a NON-ODORIZED marking on certain cylinders, portable tanks, cargo tanks, and tank cars and multi unit tank car tanks containing Liquefied petroleum gas (LPG). There is a requirement in Sec. 173.315(b)(1) for LPG to be odorized in portable tanks and cargo tanks, unless odorization would be harmful to any further processing of the LPG. However, there are no odorization requirements in the HMR for LPG in cylinders or tank cars, nor in communicating the lack of odorization of LPG during transportation. Between 1978 and 1980, we received several petitions requesting updating of the LPG odorization requirements contained in the HMR; these petitioners requested that the HMR require LPG to be odorized in transportation or the lack of odorization to be visually communicated. In a July 1978 Report to Congress on Liquefied Energy Gases, the General Accounting Office of the Comptroller General of the United States (GAO) recommended that vehicles transporting LPG display a sign indicating whether or not the LPG being transported was odorized. There currently is no requirement in the HMR for shippers to provide an indication as to whether the LPG being transported is odorized. The proposal stemmed from our concern that the lack of a warning that the material contained in the package was not odorized could cause emergency responders to make inappropriate decisions in mitigating an accident, potentially jeopardizing their safety or the public safety. Of the nine comments received on this issue, only one commenter opposes the NON-ODORIZED marking provisions. The Association of American Railroads (AAR), the American Society of Safety Engineers (ASSE), the Conference on Safe Transportation of Hazardous Articles, Inc. (COSTHA), the International Vessel Operators Hazardous Materials Association, Inc. (VOHMA), Compressed Gas Association (CGA), Diversified CPC International (Diversified), Matheson Tri Gas (Matheson), and Praxair support RSPA taking action to require shippers to indicate when they are shipping non-odorized propane. The AAR agrees that the concern that emergency response personnel may overlook the possibility of a leak of non-odorized propane because of an expectation that any leak would have a detectable odor is well founded, since most shipments of propane contain an odorant. The ASSE states that the current lack of this additional hazard warning information could trigger inappropriate decisions by emergency responders, threatening their safety and that of the public community during incident control. In addition, VOHMA, CGA, and COSTHA state that shipping paper entries should also include the entry ``Non- Odorized'' so that carriers as well as emergency responders will be aware of and benefit from this additional information if an incident occurs involving unodorized LPG. AAR notes that, because markings may be obscured or damaged in a derailment or accident, adding a notation to shipping papers will help ensure that emergency responders will be informed if a shipment of unodorized propane is involved in an accident. We agree with commenters that a shipping paper entry would provide additional information for carriers and emergency responders about the nature of the material being transported. However, such a revision to the HMR would impose additional costs on shippers and transporters; moreover, this revision was not proposed in the NPRM. Therefore, we are not making this change in the final rule. Shippers may include on shipping papers the information that a shipment is not odorized if they so choose. Matheson Tri Gas asks for clarification as to whether the requirement for marking LPG as odorized pertains to LP-Gas mixtures. In addition, Matheson and Diversified CPC International, Inc. (Diversified) request that the marking ``NOT ODORIZED'' be permitted in place of or in addition to the proposed NON-ODORIZED marking. Diversified states that many of its cargo tanks are already marked as NOT ODORIZED in accordance with NFPA 58 LPG standard which requires all ASME storage containers (National Fire Protection Association's NFPA 58 Liquefied Petroleum Gas Code, Section 2.2.6.5) [[Page 64464]] that contain unodorized LPG products to be marked ``NOT-ODORIZED''. The marking NON-ODORIZED will apply to LPG and LP-Gas mixtures described as ``Liquefied Petroleum Gas'' or ``Petroleum Gases, Liquefied'' or Butane, Isobutane, Propane, Propylene (Propene) Butylene (Butenes) that, when mixed with other constituents, retain the LPG shipping name(s) and are not described using an ``n.o.s.'' description. Because the marking ``NOT ODORIZED'' is already required under the NFPA 58 LPG Code for storage purposes, for purposes of transportation in commerce, either ``NON-ODORIZED'' or ``NOT ODORIZED'' is an acceptable marking to communicate that the LPG is being shipped unodorized. The American Petroleum Institute (API) opposes the NON-ODORIZED marking provision on tank cars transporting LPG. API expresses concern with the logistics of tracking the tank cars and scheduling the stenciling, inspecting the cars to make sure they are properly stenciled, and the potential for creating errors and inconsistencies between the bills of lading, the markings, and the placards. API also states that remarking the cars may be dangerous to the personnel who are climbing up and down ladders to re-stencil the cars every year. One API member estimates that stenciling changes would occur approximately 5,800 times per year at a cost of approximately $80 per car ($30.00 per car for stenciling + $47 per car to affix = $80) for a total of $464,000 annually to comply with the proposed requirement. API suggests that the NON-ODORIZED marking should not be applicable to tank cars. We do not agree with the API comment. We agree with petitioners and with GAO that, because transport workers and emergency response personnel rely on an odor to indicate the presence of LPG, emergency response and transport workers could make inappropriate decisions during an incident unless information concerning odorization is available, potentially jeopardizing their safety or the public safety. We note concerning the comments on stenciling that neither the NPRM nor this final rule specify the type of marking that must be used to comply with the requirement. Shippers may use non-permanent marks, such as pressure-sensitive vinyl or adhesive-backed labels, that would obviate the need to re-stencil railcars to indicate the presence of a non- odorized shipment. The annual cost of this marking, using pressure- sensitive vinyl labels that have a 5- to 7-year life expectancy, is minimal. To address the concerns expressed by API, in this final rule, we are adopting a provision to permit the NON-ODORIZED marking to be used on rail tank cars that transport both unodorized and odorized LPG. The NON-ODORIZED marking will alert emergency responders that the tank may contain unodorized LPG; in the event the LPG in the tank is, in fact, odorized, emergency responders will know to take appropriate actions even though the tank car indicates that the contents may not be odorized. Accordingly, we are amending Sec. Sec. 172.203, 172.301, 172.326, 172.328, and 172.330 to require the NON-ODORIZED or NOT ODORIZED marking on a vehicle or, unless excepted, a container containing LPG that does not contain an odorant. In this final rule, the compliance date for the new marking requirement is October 1, 2006. B. Type B Organic Peroxide Identification Number Marking (Sec. 172.336) A Division 5.2 placard is required for (1) any quantity of an organic peroxide, Type B, liquid or solid, temperature controlled material, and (2) for other organic peroxides when 1,001 pounds or more are on a transport vehicle. In the NPRM, we proposed to require an identification number to be displayed on each bulk packaging, unit load device, freight container, transport vehicle, or rail car containing any quantity of an organic peroxide when the material transported is a temperature-controlled organic peroxide subject to placarding under Table 1 of Sec. 172.504(e). Of the four comments received on this issue, only one commenter supports the proposal. The American Society of Safety Engineers (ASSE) agrees that it would be beneficial to require display of the identification number on bulk packages, freight containers, vehicles and rail cars to indicate that the organic peroxide is temperature controlled. ASSE says that including an identification number will increase the likelihood that appropriate actions will be taken to ensure safety, even if shipping papers for the cargo are not readily available in an emergency situation. The commenters opposed to this provision believe that the current requirement to placard any amount of ``5.2, Organic peroxide, Type B, liquid or solid, temperature-controlled'' material conveys the warning to emergency personnel that the material must be temperature controlled, and clearly identifies the organic peroxides requiring special response needs based on temperature controls. The Conference on Safe Transportation of Hazardous Articles, Inc. (COSTHA) suggests that an emergency responder responding to an incident involving a Class 5.2 placard should always assume that the cargo should be protected from a rise in temperature since virtually all organic peroxides may undergo exothermal release of oxygen or instability and many are flammable. COSTHA further states that such an identification number display will cause confusion, particularly in international commerce. COSTHA notes that under international codes the display of an identification number for a Class 5.2 material is required only for a bulk packaging or a shipment of 4000 kg or more loaded at one location with no other hazardous materials in the container or transport unit. COSTHA asserts that seeing the identification number displayed as proposed might lead to an erroneous conclusion and improper response. The American Trucking Associations (ATA) opposes this provision because temperature- controlled organic peroxides represent a small percentage of the cargo transported by motor carriers. Drivers are thus not likely to see this material with any regularity. In ATA's view, this lack of familiarity will make the proposed requirement difficult to comply with; moreover, according to ATA, motor carriers may choose not to accept these materials for transportation. ATA is further concerned that it will be difficult to train drivers to distinguish between organic peroxides that do not require the identification marking and those that do. We have reconsidered this proposal in light of the comments we received. We agree that the placard currently required for Type B, organic peroxide shipments and the required shipping paper entry that indicates that the material is temperature-controlled and provides the emergency temperature should be sufficient in most situations to alert emergency responders to the hazard associated with the material in the event of an incident that results in loss of temperature control. We also agree that the requirement as proposed could cause confusion for international shipments. We note, in addition, that there are other types of hazardous materials that require temperature controls during transportation; we may need to consider a more general marking requirement for all such materials than was proposed in the NPRM. Therefore, we are not adopting the proposal in this [[Page 64465]] final rule. However, we may address this issue in a future rulemaking. C. Fumigant Marking (Sec. 173.9) A rail car, freight container, truck body, or trailer in which the lading has been fumigated or treated with any material, or is undergoing fumigation, is a ``package'' containing a hazardous material, unless the transport vehicle or freight container has been sufficiently aerated so that it does not pose an unreasonable risk to health and safety. If the contents of a transport vehicle or freight container have been treated with any material or are undergoing fumigation, the transport vehicle and freight container must be marked in accordance with Sec. 173.9(c). The requirements apply to fumigation with any material, including unlisted fumigants, and in all modes of transportation. This marking provides warning to shippers, carriers, law enforcement agencies, and, in particular, transport workers that they may be exposed to a fumigating agent when they open a transport unit. The NPRM proposed to revise the requirements in paragraph (e) of Sec. 173.9 to specify that the FUMIGANT marking must remain on the vehicle or container until the fumigated load is unloaded or has undergone sufficient aeration to remove the hazard posed by the fumigant. The proposed revision permits aeration or ventilation of the vehicle or container without unloading. Three comments were received to the NPRM regarding the fumigation proposals. All three commenters support the proposal. Two commenters suggest that, in order to clarify when a fumigated transport vehicle or freight container is no longer deemed to present a hazard to those entering the vehicle or container, we adopt language that reflects the text of the current UN Model Regulations and the IMDG Code. We agree; therefore, in this final rule, the word ``or'' replaces the word ``and'' in the current paragraph (e)(1), and paragraph (e)(2) is revised for consistency with the text of the current UN Model Regulations and the IMDG Code. This revision will allow removal of the FUMIGANT marking following aeration or ventilation of the vehicle or container sufficient to eliminate the fumigant hazard, and also makes the requirements consistent with international standards. The National Pest Management Association (NPMA) expresses concern about application of the FUMIGANT marking requirement to ready-to-use liquid formulations or ``foggers,'' such as ant and roach repellants. NPMA said RSPA is encouraging fumigators to improperly mark packages, an action that may unnecessarily delay emergency workers' response to an accident. This comment is beyond the scope of this rulemaking. V. Materials Poisonous by Inhalation (PIH) A. Revision of PIH Label and Placard and Transition Periods (Sec. Sec. 172.332; 172.416; 172.429; 172.540 and 172.555) In a final rule published January 8, 1997 (62 FR 1217), we adopted new labels and placards for both liquids (Division 6.1) and gases (Division 2.3) that are materials poisonous by inhalation (PIH) to enhance their identification when transported in commerce. The dark background for the skull-and-crossbones of the symbol depicted on the PIH label and placard graphically conveys the appropriate information to alert responders to the hazards of PIH materials. The PIH label and placard also improved hazard communication by creating an instantly recognizable difference between PIH materials and other poisons. However, as published in the Federal Register, the graphics shown in the January 8, 1997 final rule and amendments adopted in a July 22, 1997 final rule were inaccurate. On the PIH label and placard, we inadvertently specified a smaller skull-and-crossbones symbol in the upper black diamond than currently shown on the POISON label and placard. To correct this oversight, we proposed in the NPRM to enlarge the upper black diamond above the horizontal center line and, proportionally, the skull-and-crossbones symbol at the top of the labels and placards to conform, pictorially, in size with the symbol on the POISON label and placard used for poisons other than those that are PIH materials. Increasing the size of the symbol will make the upper black diamond on the PIH placards and labels more visible from a distance and will enhance the ability of emergency responders and transport workers to identify the PIH materials. Because of the enlarged upper black diamond above the horizontal center line and, proportionally, the skull-and-crossbones symbol at the top of the PIH placards, identification number markings displayed on the new PIH placards may cause overlapping of the lower point of the upper black diamond and impinge on space used for identification number display on such placards. To allow space for the identification number, we proposed allowing the lower point of the upper black diamond to impinge on space used to display an identification number marking on a PIH placard. An extensive transition period was also proposed to allow those persons who had begun, prior to October 1, 1999 and October 1, 2001, respectively, to use and maintain a supply of the PIH labels and placards with smaller size symbols to continue to use them in transportation. We received approximately 10 comments on these proposals. Most commenters supported the proposed changes, but questioned the timing of the proposals in light of security concerns and non-uniformity with the international standards. The following comment from PRAXAIR is typical: While supportive of the need to communicate the special hazards posed by materials classified as Poison Inhalation Hazard materials, PRAXAIR questions the necessity for the proposed increases in the size of PIH labels. Since October 1, 2001, RSPA has required and Praxair complied with the requirements to use a PIH label and placard for both liquids (Division 6.1) and gases (Division 2.3) that are PIH materials. DOT has gone to considerable length to create unique labels and placards. The pictograms for PIH materials are unique and their size does not, in our judgment, need to be increased in order to improve their ability to communicate hazards. Furthermore, these labels and placards are unique to the transportation system in the USA and have not been adopted by the international transportation community. These labels and placards have become recognized by the emergency response community in the USA. PRAXAIR believes that the current labels and placards are distinctive and that an increase in the size of the upper quadrant of labels and placards is unnecessary because these labels are unique. The need to change a system for international shipment of PIH materials seems premature. We agree. Therefore, we are not adopting the NPRM proposals concerning the PIH labels and placards in this final rule. We note concerning the transportation of PIH materials that RSPA and the Transportation Security Administration are examining the need for enhanced security requirements for the rail transportation of hazardous materials that pose a toxic inhalation hazard. In a notice published August 16, 2004 (69 FR 50987), the two agencies are seeking comments on the feasibility of initiating specific security enhancements and the potential costs and benefits of doing so. Security measures being considered include improvements to security plans, modification of methods used to identify shipments and communicate hazards, enhanced requirements for temporary storage, strengthened tank car integrity, and implementation of tracking and communication systems. [[Page 64466]] B. Hydrogen Fluoride, Anhydrous, and Similar Materials (Sec. Sec. 172.400 and 172.504) In the HM-206 final rule (62 FR 1217; January 8, 1997), certain materials that meet the definition of a PIH material, such as hydrogen fluoride, anhydrous, were not specifically addressed in the provisions for labeling and placarding PIH materials in Division 6.1. To correct this oversight, in the NPRM we proposed to revise Sec. Sec. 172.400 and 172.504 to require an inhalation hazard label or placard for materials that meet the definition of a PIH material in Sec. 171.8. We received one comment supporting the action to correct this oversight. The proposal in the NPRM is adopted without change in this final rule. C. Placarding Requirement for Residues (When PIH Subsidiary) In accordance with Sec. 173.29(c), a non-bulk packaging containing only a residue of a hazardous material covered by placarding Table 2 of Sec. 172.504 of the HMR need not be included in determining the applicability of the placarding requirements in subpart F of part 172 and is not subject to shipping paper requirements when collected and transported by a contract or private carrier for reconditioning, remanufacture or reuse. However, the exception in Sec. 173.29(c) was not intended to apply to the residue of a material shipped in non-bulk packagings that has a subsidiary PIH hazard that would require the transport vehicle to be placarded in accordance with the subsidiary placarding requirements in Sec. 172.505(a). Therefore, in the NPRM, we proposed to revise paragraph (c) of Sec. 173.29 to clarify that the exception to placarding and shipping papers do not apply to a non-bulk packaging containing the residue of a material poisonous by inhalation. Two comments were received supporting this clarification. The proposal is adopted without change in this final rule. VI. Other Requirements for Labels and Placards A. Color Standards for Labels and Placards (Sec. Sec. 171.7, 172.407 and 172.519) The NPRM contained a proposal for use of Pantone[reg] Matching System (PMS) colors as an alternative to the specifications for colors in the Tables in Appendix A of part 172 of the HMR. The proposed alternative color standards for labels and placards conform generally to the same standards prescribed in the TDG Regulations, which are colors conforming to the Pantone[reg] Color Formula Guide published by Pantone Incorporated (Pantone[reg]). The colors that make up the PMS are derived from 14 base colors. Ink manufacturers license the formulation from Pantone[reg] and printers mix of the 14 ink colors make up the entire spectrum of PMS. This provision is primarily intended to voluntarily permit the use of certain Pantone[reg] Color Formula Guide colors for identification number and other markings and hazard warning labels and placards as an alternative to the Munsell notations, by referencing certain Pantone[reg] Color Formula Guide numbers as a convenience to users, not as a requirement. We received two comments, both in support of this provision. Monsanto Company (Monsanto) supports RSPA's efforts since Pantone[reg] is the printing color standard. Monsanto recommends that a delta ``E'' value be added to color deviation from the Pantone[reg] standard color, and that most color definitions include an ``error'' tolerance value, especially when they refer to using color measuring instruments or a spectrophotometer because Pantone[reg] books vary based upon age and environmental conditions. Further, Monsanto recommends that the DOT colors be defined within the ``Cyan-Magneta-Yellow-Black (CMYK)'' color space or tolerance set to include colors reproduced using the process colors. CMYK is a color model in which all colors are described as a mixture of these four process colors. CMYK is the standard color model used in offset printing for full-color documents, and because such printing uses inks of these four basic colors, it is often called four- color printing. In this final rule, the Pantone[reg] Matching System is a voluntary alternative to the Munsell Notations, and the Pantone[reg] Formula Guide colors are specified and do not allow for deviations or tolerances (ranges of color). It is our understanding that the specified DOT colors do not render well when emulated using CMYK color space. A spectrophotometer or other instrumentation would be required to ensure a proper match with the DOT color standards. The use of CMYK colors for hazard warning labels and placards and other markings was not proposed in the NPRM, and is beyond the scope of this rulemaking. At this time, we have not determined whether or not CMYK colors would be an acceptable alternative to the use of the Munsell Notations. The commenter may wish to submit a petition for rulemaking requesting a change to the regulations in accordance with Sec. Sec. 106.95 and 106.100. In this final rule, we are revising Sec. Sec. 172.407 and 172.519, specifications for labels and placards, to provide an alternative means of achieving reasonable conformance to color standards for hazard warning labels and placards, and identification number and other markings. B. ASTM D4956-95 (Red and White) For Reflective Colors (Sec. Sec. 171.7, 172.407 and 172.519) In accordance with the provisions in Sec. 172.519(a)(3), reflective materials may be used on a placard if the prescribed colors, strengths, and durability are maintained. In the NPRM, we proposed to adopt an alternate color standard for labels and placards constructed of retro reflective materials. We focused on retro reflective red and white reflective colors that conform to Type V sheeting in ASTM D 4956, Standard Specification for Retroretroflective Sheeting for Traffic Control. We did not propose other colors in ASTM D 4956 because we believed they poorly match the current and proposed color standards for labels and placards. This standard is referenced in the conspicuity systems prescribed under the Motor Vehicle Safety Standard No. 108 Lamps, Reflective Devices, and Associated Equipment specified in 49 CFR 571.108. We received two comments on our proposal. 3-M Traffic Control Division (3-M) supports the proposal, stating that the use of retro reflective materials can greatly increase the visibility of placards when viewed by a first responder in the dark, and Type V materials are most often used as white and red conspicuity treatments to improve the visibility of trucks at night. Further, the color of retro reflective signing governed by the Federal Highway Administration is based on the same Munsell System and Color Tolerance Charts currently referenced by RSPA. However, 3-M notes that Type V materials are intended only for nighttime use. Because placards are viewed under both daytime and nighttime conditions, 3-M suggests language that would allow placards to be made from durable materials used for rigid highway signs. 3-M also recommends that placards made from Type VII, VIII, or IX sheeting would be comparable in nighttime brightness to Type V and provide daytime luminance sufficient for signing purposes in the daytime. Based in part on the 3-M comment and on our own evaluation of the standards for retro reflective materials, we have decided not to adopt the NPRM proposal in this final rule. We will continue to evaluate retro reflective materials to ascertain their suitability [[Page 64467]] for use on placards and may address this issue in a future rulemaking. C. Organic Peroxide, Subsidiary FLAMMABLE LIQUID Label (Sec. 172.402) Under the HMR, the additional labeling requirements in Sec. 172.402 require each package containing a hazardous material to be labeled with both primary and subsidiary hazard warning labels. In accordance with Sec. 172.402(a)(2), a package containing a Division 5.2 (organic peroxide) material that also meets the definition of a Class 3 (flammable liquid) material must be labeled ORGANIC PEROXIDE and FLAMMABLE LIQUID, except for Class 3 material in Packing Group III (see exception in Sec. 172.402(a)(2)). Paragraph 5.2.2.1.10 of the UN Model Regulations specifies that a subsidiary FLAMMABLE LIQUID label is not required on such a package because the ORGANIC PEROXIDE label is understood to convey the inherently flammable nature of organic peroxides. In the NPRM, we proposed to grant an exception from subsidiary labeling for a Division 5.2 (organic peroxide) material that exhibits a Class 3 (flammable liquid) subsidiary hazard, for consistency with the UN Model Regulations. We received two comments in support of the proposal. However, we are not adopting the proposed exception at this time. The UN is currently considering introduction of a new Division 5.2 label to better differentiate between the Division 5.1 and 5.2 labels. A proposal to this effect has been submitted to the UN Committee of Experts. We will address labeling issues related to Division 5.2 materials after the UN has finalized action on modified labeling requirements for organic peroxides, in order to maintain consistency and harmonization with the UN. D. Cylinder Markings in Accordance With CGA Pamphlet C-7 (Sec. 172.400a) Currently, the HMR allow the use of ``neckring'' markings, instead of labels, on cylinders containing certain compressed gases (i.e., Division 2.1 or Division 2.2) carried by private or contract motor carriers if certain conditions as prescribed in Sec. 172.400a(a)(1) are met. In the NPRM, for consistency with provisions in the UN Model Regulations and Canadian and European regulations, we proposed revising the requirement in Sec. 172.400a(a)(1) to broaden this labeling exception to apply to all modes of transportation (air, water, rail, or highway), and to expand the exception to include gases in Division 2.3. Specifically, this change will permit the use of the markings specified in Compressed Gas Association (CGA) Pamphlet C-7, ``Guide to the Preparation of Precautionary Labeling and Marking of Compressed Gas Containers, Appendix A,'' to satisfy the labeling of cylinders containing gases shipped in accordance with the exception in Sec. 172.400a. We recei","truncated":true,"body_characters":80345}