{"operation":"document","citation":"75 FR 60017","title":"Hazardous Materials; Miscellaneous Amendments","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"proposed","official":true,"published_on":"2010-09-29","effective_on":null,"summary":"PHMSA proposes to make miscellaneous amendments to the Hazardous Materials Regulations to update and clarify certain regulatory requirements. Among other provisions, PHMSA is proposing to add a labeling exception for \"consolidation bins\" to facilitate use of bins as a method of consolidating packages for ease of handling when transported by motor vehicle and to clarify that the definition of \"person,\" as that term is used in the regulations, also includes persons who manufacture, test, repair, and recondition packaging. PHMSA also proposes to provide an exception from regulation for permeation devices containing small amounts of hazardous materials.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2010-24274.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2010-24274.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2010-24274","source_url":"https://www.federalregister.gov/documents/2010/09/29/2010-24274/hazardous-materials-miscellaneous-amendments","body":"Federal Register, Volume 75 Issue 188 (Wednesday, September 29, 2010) [Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)] [Proposed Rules] [Pages 60017-60036] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2010-24274] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 107, 171, 172, 173, 174, 177, 178, and 180 [Docket No. PHMSA-2009-0151 (HM-218F)] RIN 2137-AE46 Hazardous Materials; Miscellaneous Amendments AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: PHMSA proposes to make miscellaneous amendments to the Hazardous Materials Regulations to update and clarify certain regulatory requirements. Among other provisions, PHMSA is proposing to add a labeling exception for ``consolidation bins'' to facilitate use of bins as a method of consolidating packages for ease of handling when transported by motor vehicle and to clarify that the definition of ``person,'' as that term is used in the regulations, also includes persons who manufacture, test, repair, and recondition packaging. PHMSA also proposes to provide an exception from regulation for permeation devices containing small amounts of hazardous materials. DATES: Comments must be received by November 29, 2010. ADDRESSES: You may submit comments by any of the following methods: Federal Rulemaking Portal: http://www.regulations.gov . Follow the instructions for submitting comments. Fax: 202-493-2251. Mail: Dockets Management System; U.S. Department of Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. Hand Delivery: To U.S. Department of Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: Include the agency name and docket number PHMSA-2009- 0151 (HM-218F) or RIN 2137-AE46 for this rulemaking at the beginning of your comment. Note that all comments received will be posted without change to http://www.regulations.gov including any personal information provided. If sent by mail, comments must be submitted in duplicate. Persons wishing to receive confirmation of receipt of their comments must include a self-addressed stamped postcard. 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 [[Page 60018]] Statement in the Federal Register published on April 11, 2000 (65 FR 19477), or you may visit http://www.regulations.gov . Docket: You may view the public docket through the Internet at http://www.regulations.gov or in person at the Docket Operations office at the above address (See ADDRESSES). FOR FURTHER INFORMATION CONTACT: Deborah L. Boothe, Office of Hazardous Materials Standards, (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: I. Background This NPRM is designed to update and clarify existing requirements by incorporating changes into the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) based on PHMSA's own initiatives and petitions for rulemaking submitted in accordance with 49 CFR 106.95. To this end, PHMSA is proposing to eliminate, revise, clarify and relax certain regulatory requirements. In this NPRM, PHMSA is proposing to: Update incorporations by reference of industry consensus standards issued by the Aluminum Association; the American Society for Testing and Materials; and the Institute of Makers of Explosives (see Sec. Sec. 173.63 and 177.835). Add a requirement for each applicant to a special permit under Sec. Sec. 107.105, 107.107, and 107.109 to identify their role as a shipper (offeror), carrier, or both. Revise the definition of ``person'' to include those who manufacture, test, repair, and recondition packages (see Sec. 171.8). Revise the Hazardous Materials Table (HMT) to harmonize certain entries with international standards (see Sec. 172.101) by adding and revising certain proper shipping names. Most significantly, we are adding a new entry ``Formaldehyde solutions (with not less than 10% and less than 25% formaldehyde)'' to clarify requirements applicable to formaldehyde and formalin with less than 10% formaldehyde; revising the entry for ``Environmentally hazardous substances, liquid, n.o.s.'' to provide packaging exceptions for certain materials that are assigned to UN3082; and adding a new special provision 176 to Sec. 172.102 to clarify the differences between Class 3 and Class 9 formaldehyde solutions. Add a new italicized entry to the HMT for ``Permeation devices'' referencing a new Sec. 173.175 applicable to permeation devices to provide an exception for permeation devices containing hazardous materials. Permeation devices are used for calibrating air quality monitoring devices for consistency. This change harmonizes the HMR with the current exception in the international regulations for these devices. Update and clarify hazard communication requirements applicable to Class 9 label specifications; placard size; IBCs; and Division 6.2 labels. Authorize the use of an alternative bend test for DOT 3AA and 3AAX steel cylinders. Revise Sec. 178.71 to authorize the use of either a proof pressure or volumetric expansion test as described in the ISO 7866 and 9809 standards. Revise Sec. 171.14 transitional provisions to remove expired transitional provisions and incorporate certain transitional provisions into the specific sections of the HMR. Revise provisions in Sec. 173.56(j) to further clarify the use of the American Pyrotechnics Association (APA) standard for classifying and approving fireworks. Revise Sec. 172.404 to provide a labeling exception for consolidation bins used to transport hazardous materials by motor carrier. Revise Sec. 178.345.1 to allow vapors to escape through a vent or drain. Revise Sec. 178.320 cargo tank wall definition. Revise Sec. 178.347-1 to clarify that a cargo tank motor vehicle with a Maximum Allowable Working Pressure (MAWP) greater than 35 psig or designed to be loaded by vacuum must be constructed and certified in accordance with the ASME Code. Revise Sec. 178.347-4 to make a clear distinction between ``designed to be loaded by vacuum'' and ``built to withstand full vacuum.'' II. Proposals in This NPRM A. Updated Incorporations by Reference B. Definition of ``Person'' C. Consolidation Bins D. Transitional Provisions E. Reporting Infectious Substances Incidents F. Hazard Communication for IBCs G. HMT Revisions H. Hazard Communication I. Exclusive Use Vehicles for Regulated Medical Waste (RMW) J. Fireworks K. Explosives L. Rail Transportation of Hazardous Materials M. Rail Transloading Operations N. Cylinders O. Cargo Tanks P. Permeation Devices Q. Alcoholic Beverage Exception R. Special Permits S. Batteries Containing Sodium or Cells Containing Sodium A. Updated Incorporations by Reference Section 171.7 lists the materials incorporated by reference into the HMR. In response to a petition for rulemaking (P-1495), PHMSA reviewed the updated American Society for Testing and Materials Standard pertaining to the use of an alternate bend test for DOT 3AA and 3AAX cylinders in accordance with (ASTM E290-97a (2004), ``Standard Test Methods for Bend Testing for Material for Ductility''). PHMSA also reviewed the updated Association of American Railroads' (AAR) pamphlet pertaining to the Intermodal Loading of Products in Closed Trailers and Containers (AAR Pamphlet 6C); and the updated Institute of Makers of Explosives' Standard pertaining to the Safe Transportation of Detonators (IME SLP-22, Recommendations for the Safe Transportation of Detonators in a Vehicle with Certain Other Explosive Materials, dated February 2007). PHMSA found no provisions that would impose additional requirements or would have an adverse impact on safety. Therefore, in this NPRM, PHMSA is proposing to update the materials incorporated by reference to include the most recent editions of these standards. B. Definition of ``Person'' Section 171.8 lists definitions for commonly used terms in the HMR. The current definition of ``person'' is inconsistent with the definition in the Federal hazardous materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et seq.) in that it does not include persons who manufacture, repair, or test packaging authorized for the transportation of hazardous materials. For consistency with the statutory definition, we are proposing to revise the definition of ``person'' in Sec. 171.8 to include packaging manufacturers as well as repairers and testers of packaging used for the transportation of hazardous materials. C. Consolidation Bins Consolidation bins are commonly used by motor carriers to consolidate and transport hazardous materials packages. Consolidation bins are not offered by a shipper, rather, they are used by a motor carrier to consolidate, secure against movement, and provide additional protection for small packages. Currently, under the provisions of Sec. 172.404(b), a consolidation bin is an outside container and must be labeled as required for each of the hazardous [[Page 60019]] materials it contains. The American Trucking Associations (ATA) petitioned PHMSA (petition number P-1545; Docket Number PHMSA-2009- 0236) to allow motor carriers to use consolidation bins to transport packages of hazardous materials without having to affix labels to the consolidation bin for each class of hazardous material contained within the bin. In its petition, ATA suggests that using consolidation bins promotes safety by reducing damage to packages of hazardous materials, improves regulatory compliance by ensuring that packages are effectively blocked and braced on a vehicle, improves transportation efficiency by minimizing handling of numerous small packages, and allows packages moving to a specific terminal to be grouped together and to be transferred more efficiently from one motor vehicle to another. However, according to ATA, motor carriers are foregoing the use of consolidation bins because the dynamic nature of motor carrier operations makes the labeling and un-labeling of the bins impracticable. ATA gives the following reasons: Drivers would have to be trained on when to affix and remove labels as freight is picked up and dropped off. Each motor vehicle would have to be equipped with multiple sets of all labels, as drivers do not know the hazard classes of freight they will pick up prior to arriving at the consignor's facility. It is physically difficult to properly affix labels on a reusable consolidation bin in a manner that ensures they do not come off while in transportation and then remove those labels as packages within the bins are delivered. ATA states: ``The use of unlabeled consolidation bins will not compromise the safe transportation of hazardous materials. Hazardous materials packaging loaded into the consolidation bin will be marked, labeled, and manifested on a hazardous material shipping paper. While some of these package labels may not be visible within the consolidation bin, this situation is identical to the current transportation of packagings where labels may be obscured by the position of the package or its placement in the vehicle * * *.'' In its petition, ATA proposes a new paragraph (c) to Sec. 172.404 to allow a motor carrier to use an unlabeled consolidation bin for its own convenience, to include trailer-on-flatcar service, and proposes a specific definition in Sec. 171.8 for the term ``consolidation bin''. In addition to the petition for rulemaking by ATA, PHMSA issued special permit, DOT-SP 14881, authorizing the use of consolidation bins without hazard warning labels on the outside of the bins. This special permit was issued on December 3, 2009 and has been routinely used with no reported incidents. The special permit requires that the consolidation bin be marked with an indication of each hazard class or division within it; that the packages be secured within the bin by other packages or other suitable means to prevent shifting or significant relative motion between the packages; that the consolidation bins be otherwise properly blocked and braced within the transport vehicle; and that the packages be loaded only by employees of the motor carrier. PHMSA agrees there are safety benefits to using consolidation bins and that it may be impractical for a motor carrier to label and remove labels for packages transported in consolidation bins. Therefore, we are proposing to allow an exception from labeling for consolidation bins used for the convenience of a motor carrier. However, PHMSA is concerned that, in the absence of any marking or label on the consolidation bin, a person other than the person who had placed packages in the bin may have no indication the bin contains a hazardous material. To address this concern, and consistent with the terms of the special permit, we propose to require the bin to be marked in a manner that indicates it contains a hazardous material. We also propose to incorporate several provisions of the special permit, including limiting the size of a consolidation bin to less than 64 cubic feet capacity, so as not to conflict with hazard communication requirements for freight containers. We also propose that the consolidation bin must be reusable, made of materials such as plastic, wood, or metal. PHMSA is concerned that consolidation bins made of cardboard are not of sufficient strength to meet the requirements in this proposal. Accordingly, PHMSA is requesting comments on the use of cardboard and what standards should be established if cardboard would be authorized for use, i.e., thickness, wall type, burst strength, etc. We also propose that packages may only be placed within the consolidation bin and the bin be loaded on a motor vehicle by an employee of a single motor carrier. Additionally, we propose that consolidation bins may only be transported by a single motor carrier, or on railcars transporting such vehicles. We believe the proposed language in Sec. 172.404(c) obviates the need for a separate definition for ``consolidation bin'' in Sec. 171.8. In addition to the proposal to address the ATA petition, we propose to revise paragraph (b) of Sec. 172.404, to clarify that an outside container or overpack need not be labeled, if labels on the packages contained therein are visible, for consistency with the overpack provisions of Sec. 173.25(a)(2). D. Transitional Provisions Section 171.14 provides transitional provisions for recently adopted regulatory changes. Most of the provisions in this section are outdated. Therefore, for better understanding of the transitional provisions, we are proposing to remove this section and outdated provisions from the HMR and add the remaining provisions to the appropriate sections in the HMR to which they apply, as follows: Shipping description sequence. Section 171.14(e) permits the shipping description sequences in effect on December 31, 2006, to be used until January 1, 2013. In this NPRM, PHMSA proposes to relocate this transitional provision to Sec. 172.202(b). Division 5.2 labels and placards. Section 171.14(f) authorizes the use of a Division 5.2 label and a Division 5.2 placard that conform to the label and placard specifications in effect on December 31, 2006, until January 1, 2011, except for transportation by highway. For transportation by highway, a Division 5.2 placard conforming to the specifications in Sec. 172.552 of this subchapter in effect on December 31, 2006 may be used until January 1, 2014. In this NPRM, PHMSA is proposing to relocate these transitional provisions to Sec. Sec. 172.427 and 172.552, respectively. Class 3 and Division 6.1 definitions. Section 171.14(g) authorizes the use of the Class 3 and Division 6.1 classification criteria and packing group assignments in effect on December 31, 2006, until January 1, 2012. In this NPRM, PHMSA proposes to relocate these transitional provisions to Sec. Sec. 173.120 and 173.121 for Class 3 materials and to Sec. Sec. 173.132 and 173.133 for Division 6.1 materials. Gasohol. The transitional provision for gasohol in Sec. 171.14(h) would be relocated to a new Special Provision 178 to specify that effective October 1, 2010, the proper shipping name ``Ethanol and gasoline mixture or ethanol and motor spirit mixture or ethanol and petrol mixture,'' and the revised proper shipping name ``Gasohol gasoline mixed with ethyl alcohol, with not more than 10% alcohol'' must be used, as [[Page 60020]] appropriate when describing gasoline and ethanol mixtures. E. Reporting Infectious Substances Incidents Section 171.15 establishes requirements for immediate notice of incidents involving certain hazardous materials incidents. The Centers for Disease Control and Prevention is no longer accepting calls providing notice of incidents involving an infectious substance (etiologic agent). Therefore, we are proposing to remove the alternative to provide notice to the Centers for Disease Control and Prevention of incidents involving an infectious substance (etiologic agent). Specifically, we are proposing to remove the following text from paragraph (a) referencing the Centers for Disease Control and Prevention which states: ``Notice involving an infectious substance (etiologic agent) may be given to the Director, Centers for Disease Control and Prevention, U.S. Public Health Service, Atlanta, GA, 800- 232-0124 (toll free), in place of notice to the NRC.'' F. Hazard Communication for IBCs Section 172.336 requires identification numbers to be displayed on either orange panels or a plain white square-on-point display configuration having the same outside dimensions as a placard. Section 172.514 provides an exception to placarding for IBCs which authorizes IBCs to be labeled rather than placarded. However, there is no provision in the HMR that allows the proper shipping name and UN number to be displayed in lieu of displaying the UN number on a placard, orange panel, or white square-on-point configuration [49 CFR 172.332(a)]. For international transport in accordance with the IMDG Code, IBCs are not required to display a UN number on a placard or orange panel. They are, however, required to be marked and labeled as a package. To comply with both the HMR requirements and IMDG Code provisions, some shippers are having difficulty fitting all of the various markings, labels, placards in a steel cage IBC. These IBCs are constructed with a metal plate and all of the required markings, labels, placards do not fit in the allowed space on the metal plate; some must be affixed to the metal boards with clips or other holding devices which, although secured, run the risk of becoming dislodged during transportation. To meet all of the necessary requirements, a shipper may place all of the following items on the IBC: A placard with the UN number; a hazard label; the proper shipping name and UN number; and the GHS product labeling requirements. Shippers generally do not use the UN number on the orange panel because this configuration is too large for the metal plate. For international harmonization, we are proposing to revise Sec. 172.336 by adding a new paragraph (d) to indicate that when a bulk packaging is labeled instead of placarded in accordance with Sec. 172.514(c), identification numbers may be displayed in accordance with Sec. 172.301(a)(1). Additionally, we are proposing to revise Sec. 172.514(c)(4) to indicate that IBCs that are labeled on two opposite sides rather than placarded, are authorized to display the proper shipping name and UN number in lieu of displaying the UN number on a placard, orange panel, or white square-on-point configuration. G. HMT Revisions In this NPRM, PHMSA is proposing a number of revisions to the Hazardous Materials Table (HMT; Sec. 172.101). Proposed changes to the HMT will appear under two sections of the Table, ``add,'' and ``revise.'' Proposed amendments to the HMT for the purpose of harmonizing with international standards include, but are not limited to, the following: Section 172.101(c) provides instruction on the use of the Column (2) list of hazardous materials descriptions and proper shipping names in the HMT. Included in paragraph (c)(2) is instruction on use of the word ``or.'' The word ``or'' in italics indicates that there is a choice of terms in the sequence that may be used as the proper shipping name or as part of the proper shipping name. We are clarifying this provision by proposing further instruction on the use of the word ``or.'' For clarification, we are proposing to include examples to indicate that the term ``or'' authorizes the use of either the first or the second term in the description of the hazardous materials in the proper shipping name. For example, the entry ``Carbon dioxide, solid or Dry ice'' means that either ``Carbon dioxide, solid'' or ``Dry ice'' may be used as the proper shipping name; and, the entry ``Articles, pressurized pneumatic or hydraulic'' means that either ``Articles, pressurized pneumatic'' or ``Articles, pressurized hydraulic'' may be used as the proper shipping name. The entries for ``Formaldehyde, solutions'' and ``Formalin'' are sometimes used incorrectly. Formalin is specifically defined as a 37% aqueous solution of formaldehyde. A 10% formalin solution and 10% formaldehyde solution are not the same materials for transport purposes. Many diagnostic and biological samples are transported by commercial aircraft in formaldehyde solutions of various concentrations. Some samples transported in 10% or greater formaldehyde solutions are incorrectly shipped as unregulated materials. Other samples transported in 3.7% formaldehyde (10% formalin) solutions are incorrectly shipped as fully regulated hazardous materials. A formaldehyde solution, with less than 25% but not less than 10% formaldehyde is a Class 9 material. In this NPRM, PHMSA is proposing to include a new italicized entry in Column (2) of the HMT for 10%-25% formaldehyde solutions to enhance understanding of the entries in the HMT. This new entry will reference the proper shipping names ``Aviation regulated liquid, n.o.s'' and ``Other regulated substances, liquid, n.o.s.'' Formalin is an aqueous solution of formaldehyde and methanol and is a Class 3 flammable liquid material. The entry ``Formaldehyde solutions, flammable, UN1198'' is intended for use as a hazardous materials description for formalin. Note that the less common ``methanol-free'' formalin is not a Class 3 material. Therefore, for further clarification, we are also proposing to revise the ``Formaldehyde, solutions, flammable entry by adding a new special provision 176 to specify that the entry is intended for use as proper shipping name for formaldehyde solutions containing methanol. In a final rule, under Docket HM-215I, PHMSA revised the proper shipping name for ``Regulated medical waste, n.o.s, UN3291'' to include ``Clinical waste unspecified, n.o.s.'' and ``(BIO) Medical waste, n.o.s.'' under a combined proper shipping name entry. It has come to our attention that combining all the proper shipping names under the one entry makes it difficult to know the other proper shipping names exist. We are proposing to give each proper shipping name its own entry in the HMT with a cross reference to the others. For the entry ``Battery-powered vehicle or Battery-powered equipment, UN3171,'' the stowage category ``A'' entry in Column (10A) was inadvertently omitted. We are proposing to reinstate in Column (10A) of the HMT stowage category ``A''. A new italicized entry ``Permeation devices, containing dangerous goods, for calibrating air quality monitoring equipment'' will be added referencing Sec. 173.175 to indicate that permeation devices that contain dangerous goods and are used for calibrating air quality monitoring devices are not subject to [[Page 60021]] these requirements provided the conditions are met. This proposed revision was submitted to PHMSA as a petition for rulemaking (P-1493) from the URS Corp. requesting harmonization with the international regulations on the exception for permeation devices in Special Provision A41 of the ICAO Technical Instructions. Section 172.102 lists a number of special provisions applicable to the transportation of specific hazardous materials. Special provisions contain packaging requirements, prohibitions, and exceptions applicable to particular quantities or forms of hazardous materials. For consistency with international regulations, we propose to amend Sec. 172.102, special provisions, as follows: PHMSA is proposing to add a new Special Provision 173 to provide a specification package exception for certain adhesives, printing inks, printing ink-related materials, paints, paint- related materials, and resin solution which are assigned to ``Environmentally hazardous substances, liquid, n.o.s., UN3082.'' This is consistent with an exception recently adopted within the UN Model Regulations on the Transport of Dangerous Goods. The exception adopted by the UN was an expansion of the current packing provision PP1 of Packing Instruction P001 of the UN Model Regulations and provides that metal or plastic packaging for substances of Packing Groups II and III in quantities of 5 liters or less per packaging are not required to be packed in specification packaging when transported under specific conditions. In the HM-215J final rule published January 4, 2010 (75 FR 63), PHMSA indicated that it was evaluating the adoption of these provisions. PHMSA has completed this review and is proposing to adopt the provision on the basis that environmentally hazardous paints, adhesives, printing inks, etc. pose a lesser degree of risk than flammable and corrosive paints which are already provided this exception in the HMR. H. Hazard Communication Section 172.203(c) provides additional shipping paper description requirements. PHMSA received a petition for rulemaking (P-1456) from the AAR to suggest that a shipping paper be required to include a notation for shipments of non-odorized liquefied petroleum gas (LPG). Most LPG shipments contain an odorant. Thus, in the event of an accident involving LPG, emergency responders may assume that no LPG is leaking if they cannot detect an odor. To ensure that emergency responders are made aware that a shipment of LPG is not odorized, PHMSA proposes to revise Sec. 172.203(c) to require a notation that the LPG shipment does not contain an odorant. Section 172.324 provides additional marking requirements for hazardous materials in non-bulk packaging. For clarification purposes, in this NPRM, PHMSA proposes to amend this section to require a package containing a limited quantity that also meets the definition for a hazardous substance to be marked with the name of the hazardous substance on the package, in parentheses, in association with the proper shipping name or the identification number, as applicable. Section 172.336 requires identification numbers to be displayed on either orange panels or a plain white square-on-point display configuration on transport vehicles and freight containers carrying hazardous materials. In a petition for rulemaking (P-1392), Vinings Industries, Inc., has noted that given the size of bulk packaging covered by the placard-to-label exception and the fact that these packagings are generally transported in closed vehicles, the same logic used to justify a small display of the hazard identity (e.g., labels instead of placards) would support a small, more flexible, display of the identification number. PHMSA agrees that the petition has merit. Therefore, in this NPRM, PHMSA proposes to revise Sec. 172.336 by adding new paragraph (d) to allow the use of smaller identification markings when a bulk packaging is labeled instead of placarded. Section 172.432 describes the Infectious Substance label size and color and provides an illustration of how it must appear. References to the Centers for Disease Control (CDC) are no longer required on this label. Therefore, we are proposing to remove the text that refers to the CDC on the label. (In U.S.A. Notify Director--CDC, Atlanta, GA 1- 800-232-0124.) We are allowing three years from the effective date of the final rule to use up existing stocks. Section 172.446 describes the Class 9 label specifications, including size, color, and an illustration of how it must appear. The Class 9 label specifications illustrated in the HMR is different from that in the United Nations (UN) and all of the modal regulations in that it features a thin, horizontal line running across the label at its midpoint (just at the bottom of the vertical black bars). There is no similar line in the UN or other international standards. Some shipments are being delayed and required to be relabeled by European carriers due to this difference in the Class 9 label specifications. In an effort to avoid continued frustrated or delayed shipments, in this NPRM, PHMSA proposes to revise the Class 9 label specifications by removing the horizontal line running across the label at its midpoint. We are allowing three years from the effective date of the final rule to use up existing stocks. Section 172.519 establishes general specifications for placards. Paragraph (c)(1) states that each placard must measure at least 273 mm (10.8 inches) on each side and must have a solid line inner border approximately 12.7 mm (0.5 inches) from each edge. For international harmonization, we are proposing to authorize the use of placards measuring from 250 mm (9.84 inches) on each side and having a solid line inner border approximately 12.7 mm (0.5 inches) from each edge. I. Exclusive Use Vehicles for Regulated Medical Waste (RMW) Section 173.134 establishes definitions and exceptions for infectious substances. Paragraph (c)(2) requires RMW that contains Category B cultures and stocks to be transported on a vehicle ``used exclusively'' to transport RMW. In a letter of interpretation issued on March 19, 2007 (Ref. No. 07-0057), PHMSA clarified that the exception in Sec. 173.134(c)(2) applies to their shipping scenario when transporting the various types of medical waste as described below. PHMSA is proposing to revise Sec. 173.134(c)(2) to incorporate the clarifications from the March 19, 2007 letter of interpretation. Specifically, PHMSA is clarifying that the following materials may be transported on a vehicle used exclusively to transport RMW: (1) Plant and animal waste regulated by the Animal and Plant Health Inspection Service (APHIS); (2) waste pharmaceutical materials; (3) laboratory and recyclable wastes; (4) infectious substances that have been treated to eliminate or neutralize pathogens; (5) forensic materials being transported for final destruction; (6) rejected or recalled health care products; and (7) documents intended for destruction in accordance with Health Insurance Portability and Accountability Act of 1996 (HIPAA) requirements. J. Fireworks Section 173.56 specifies the requirements for classification and approval of new explosives, including fireworks in Sec. 173.56(j). The section incorporates by reference the APA Standard 87-1 for classifying and approving fireworks. The text of [[Page 60022]] Sec. 173.56(j) permits the use of APA Standard 87-1 for determining fireworks classification as Division 1.3 or 1.4 explosive materials. The APA standard is also used to classify a pyrotechnic device as 1.1G. Therefore, we are proposing to delete the words ``Division 1.3 and 1.4'' in the introductory paragraph so that the sentence reads, ``Fireworks may be classed and approved by the Associate Administrator without prior examination and offered for transportation if the following conditions are met:'' K. Explosives Section 173.60 provides general packaging requirements for shipping Class 1 (explosive) materials. In a petition for rulemaking (P-1527), Mr. Alexander Fucito, the petitioner, asks PHMSA to revise the HMR to allow flexibility in testing and preparation of unpackaged shipments consisting of large and robust explosive articles. The petitioner contends that the current thermal stability and drop test requirements provided by Test Series 4 of the UN Manual of Tests and Criteria are unsafe and pose an unrealistic burden for persons who transport these articles. The petitioner asks PHMSA to revise Sec. 173.60(b) to allow large and robust foreign munitions to be transported in the original, manufacturer provided, shipping configuration. Section 173.60(b)(14) contains the same language as the footnote in Packaging Instruction 130 for named UN numbers in the UN Recommendations, Paragraph 4.1.5.15. However, there is a second paragraph to Paragraph 4.1.5.15 that has not yet been incorporated into the HMR. That paragraph reads: ``Where such large explosive articles are as part of their operational safety and suitability tests are subjected to test regimes that meet the intentions of these Regulations and such tests have been successfully undertaken, the competent authority may approve such articles to be transported under these Regulations.'' PHMSA is proposing to add modified text of this paragraph from the 15th Edition of the UN Recommendations to Sec. Sec. 173.60(b)(14) and 173.62(c) Packing Instruction 130 in the Table of Packing Methods to provide greater harmonization and account for the concerns expressed by Mr. Fucito in Petition P-1527. L. Rail Transportation of Hazardous Materials Sections 174.55(a); 174.101(o)(2)(3); 174.112(c)(3), and 174.115(b)(3) establish general handling and loading requirements for the transportation of hazardous materials by rail. The Bureau of Explosives (BOE), part of the AAR, was founded in 1907 by the railroad industry to serve as a self-policing agency to promote the safe transportation of explosives and other hazardous materials. The BOE wrote some of the first hazardous materials regulations which were subsequently adopted and expanded upon by the Interstate Commerce Commission (ICC) and later the U.S. Department of Transportation. A number of BOE publications are referenced in the HMR for bulk and non- bulk shipments of hazardous materials. Several of the BOE publications focus on the safe transportation of non-bulk packages of hazardous materials in trailer-on-flatcar service, including BOE Pamphlet No. 6, Approved Methods for Loading and Bracing Carload and Less Than Carload Shipments of Explosives and Other Hazardous Materials; Pamphlet No. 6A, Approved Methods for Loading and Bracing Carload Shipments of Military Ammunition and Explosives; and BOE Pamphlet 6C, Approved Methods for Loading and Bracing Trailers and Less-Than-Trailer Shipments of Explosives and Other Dangerous Articles Via Trailer-on-Flat-car and Container-on-Flat-car. Pamphlets 6 and 6A were last updated in 1976. With the increasing use of intermodal methods as the preferred means of shipping non-bulk packages of hazardous materials, the AAR subsequently issued the Intermodal Loading Guide for Products in Closed Trailers and Containers (Guide), replacing BOE Pamphlet 6C, Pamphlet No. 45, and Circular No. 43-C. This Guide was issued in 1995. Despite the industry change, BOE Pamphlets 6 and 6A remain in effect and are referenced in the HMR. The Intermodal Loading Guide for Products in Closed Trailers and Containers is intended to be a comprehensive manual for loading commodities in trailers and containers for shipment by rail. Incorporated into this Guide are AAR Circular 43-D, Rules for Governing the Loading, Blocking and Bracing of Freight in Closed Trailers and Containers for TOFC/COFC Service, the approved loading and bracing information contained in AAR Bureau of Explosives Pamphlet 6C, and AAR Pamphlet No. 45 on general loading in closed trailers and containers. The ``General Rules'' as contained in Circular 43-D are issued by the Association of American Railroads, and have been formulated for the purpose of providing safe methods of loading in closed trailers or containers. During normal transportation, trailers and containers may move in a backwards or reverse direction for all or part of their journey. Dynamic forces may shift an unsecured load or cause lading to exert excessive pressure against the front, rear doors, or sides of the trailer or container. Lading that is improperly blocked and braced can shift and cause the vehicle to lean on the flatcar. A leaning vehicle can cause a sideswipe or contribute to a derailment. The loading methods, as described in the Guide, are approved by the Damage Prevention and Freight Claim Committee and are minimum industry acceptance standards that have been evaluated and approved by the member railroad carriers serving on the committee. PHMSA is proposing to revise Part 174 to properly reflect the current Guide by replacing references to Pamphlet 6C in Sec. Sec. 174.55(a); 174.101(o)(2)(3); 174.112(c)(3); and 174.115(b)(3). At each of these section references, places where Pamphlets 6 and 6C are referenced, Pamphlet 6 will remain and Pamphlet 6C will be replaced by the Intermodal Loading Guide for Products in Closed Trailers and Containers. M. Rail Transloading Operations Section 174.67 provides general requirements for rail tank car transloading operations for hazardous materials. In a petition for rulemaking (P-1481), Musket Corporation requests several revisions to this section. Specifically, the petitioner asks for clarification of manhole opening requirements, suggesting that the requirement for manhole covers to be opened during transloading operations conflicts with procedures to contain or control vapors during transloading or unloading operations where venting is accomplished through vapor valves rather than manhole openings. Additionally, certain companies pneumatically unload tank cars, and this process cannot be accomplished with the manhole cover open. In addition, the petitioner notes that the language requiring manhole covers to be opened during this process conflicts with regulations from other regulatory bodies, such as the EPA National Emission Standards for Hazardous Air Pollutants for Source Categories, Subpart PP. Finally, the petitioner suggests that this requirement conflicts with a number of air quality control permits that restrict the amount of emissions companies can vent into the atmosphere. PHMSA agrees that the petition has merit. Therefore, in this NPRM, PHMSA [[Page 60023]] proposes to revise Sec. 174.67 to clarify and further address closed systems in transloading operations. PHMSA proposes that for closed systems, before a manhole cover or outlet valve cap is removed from a tank car, the car must be relieved of all interior pressure by cooling the tank with water or by venting the tank by raising the safety valve or opening the dome vent at short intervals. However, if venting to relieve pressure will cause a dangerous amount of vapor to collect outside the car, venting and unloading must be deferred until the pressure is reduced by allowing the car to stand overnight, otherwise cooling the contents, or allow venting to a closed collection system. These precautions are not necessary when the car is equipped with a manhole cover that hinges inward or with an inner manhole cover that does not ","truncated":true,"body_characters":124419}