# Hazardous Materials; Miscellaneous Amendments

- **operation:** document
- **citation:** 76 FR 43510
- **title:** Hazardous Materials; Miscellaneous Amendments
- **source type:** rulemaking
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2011-07-20
- **effective on:** 2011-08-19
- **summary:** PHMSA is amending the Hazardous Materials Regulations to make miscellaneous amendments to update and clarify certain regulatory requirements. These amendments are intended to: promote safer transportation practices; eliminate unnecessary regulatory requirements; finalize outstanding petitions for rulemaking; facilitate international commerce; and simplify the regulations. PHMSA anticipates that the amendments contained in this rule will generate economic benefits to the regulated community.
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- **source url:** https://www.federalregister.gov/documents/2011/07/20/2011-17687/hazardous-materials-miscellaneous-amendments
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Federal Register, Volume 76 Issue 139 (Wednesday, July 20, 2011) [Federal Register Volume 76, Number 139 (Wednesday, July 20, 2011)] [Rules and Regulations] [Pages 43510-43532] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2011-17687] [[Page 43509]] Vol. 76 Wednesday, No. 139 July 20, 2011 Part V Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration ----------------------------------------------------------------------- 49 CFR Parts 107, 171, 172, et al. Hazardous Materials; Miscellaneous Amendments; Final Rule Federal Register / Vol. 76 , No. 139 / Wednesday, July 20, 2011 / Rules and Regulations [[Page 43510]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 107, 171, 172, 173, 174, 177, 178 and 180 [Docket No. PHMSA-2009-0151 (HM-218F)] RIN 2137-AE46 Hazardous Materials; Miscellaneous Amendments AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: PHMSA is amending the Hazardous Materials Regulations to make miscellaneous amendments to update and clarify certain regulatory requirements. These amendments are intended to: promote safer transportation practices; eliminate unnecessary regulatory requirements; finalize outstanding petitions for rulemaking; facilitate international commerce; and simplify the regulations. PHMSA anticipates that the amendments contained in this rule will generate economic benefits to the regulated community. DATES: Effective Date: This final rule is effective on August 19, 2011. Voluntary Compliance Date: Voluntary compliance with all these amendments, including those with delayed mandatory compliance, is authorized as of July 20, 2011. Incorporation by Reference Date: The incorporation by reference of publications listed in this final rule has been approved by the Director of the Federal Register as of August 19, 2011. FOR FURTHER INFORMATION CONTACT: Deborah L. Boothe, Standards and Rulemaking Branch, (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: I. Background A. Notice of Proposed Rulemaking (NPRM) On September 29, 2010, PHMSA published a Notice of Proposed Rulemaking (NPRM) under this docket HM-218F. (74 FR 16135). The NPRM proposed amendments to the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) based on PHMSA initiatives and petitions for rulemaking submitted in accordance with 49 CFR 106.95. Most of the amendments proposed in the NPRM were intended to provide relief to industry by eliminating, revising, clarifying, or relaxing regulatory requirements. Below we summarize the changes proposed in the September 29, 2010 NPRM: Update incorporations by reference of industry consensus standards issued by: the Aluminum Association; the American Society for Testing and Materials; and the Institute of Makers of Explosives (see Sec. Sec. 173.63 and 177.835). Add a requirement for each applicant to a special permit under Sec. Sec. 107.105, 107.107, and 107.109 to identify their role as a shipper (offeror), carrier, or both. Revise the definition of ``person'' to include those who manufacture, test, repair, and recondition packages (see Sec. 171.8). Revise the Hazardous Materials Table (HMT) to harmonize certain entries with international standards (see Sec. 172.101) by adding and revising certain proper shipping names. Most significantly, we proposed to add a new entry ``Formaldehyde solutions (with not less than 10% and less than 25% formaldehyde)'' to clarify requirements applicable to formaldehyde and formalin with less than 10% formaldehyde; revise the entry for ``Environmentally hazardous substances, liquid, n.o.s.'' to provide packaging exceptions for certain materials that are assigned to UN3082; and adding a new special provision 176 to Sec. 172.102 to clarify the differences between Class 3 and Class 9 formaldehyde solutions. Add a new italicized entry to the HMT for ``Permeation devices'' referencing a new Sec. 173.175 applicable to permeation devices to provide an exception for permeation devices containing hazardous materials. Permeation devices are used for calibrating air quality monitoring devices for consistency. This proposed change would harmonize the HMR with the current exception in the international regulations for these devices. Update and clarify various hazard communication requirements including: Class 9 label specifications; placard size; IBC markings; and Division 6.2 labels. Authorize the use of an alternative bend test for DOT 3AA and DOT 3AAX steelcylinders. Revise Sec. 178.71 to authorize the use of either a proof pressure test or volumetric expansion test as described in the ISO 7866 and 9809 standards. Revise Sec. 171.14 transitional provisions to remove expired transitional provisions and incorporate certain transitional provisions into the specific sections of the HMR. Revise provisions in Sec. 173.56(j) to further clarify the use of the American Pyrotechnics Association (APA) standard for classifying and approving fireworks. Revise Sec. 172.404 to provide a labeling exception for consolidation bins used to transport hazardous materials by motor carrier. Revise Sec. 178.345.1 to allow vapors to escape through a vent or drain. Revise Sec. 178.320 cargo tank wall definition. Revise Sec. 178.347-1 to clarify that a cargo tank motor vehicle with a Maximum Allowable Working Pressure (MAWP) greater than 35 psig or designed to be loaded by vacuum must be constructed and certified in accordance with the ASME Code. Revise Sec. 178.347-4 to make a clear distinction between ``designed to be loaded by vacuum'' and ``built to withstand full vacuum.'' B. Commenters The comment period for the NPRM closed on November 29, 2010. Eleven different commenters provided comments in response to the NPRM. PHMSA received comments from the following companies, and organizations: United Parcel Service (UPS) Worthington Cylinder Corporation (Worthington) Veolia Environmental Services Institute of Makers of Explosives (IME) PPG Industries, Inc. Barlen and Associates, Inc. Arrowhead Industrial Services USA, Inc. New England Fuel Institute Stericycle, Inc. Truck Trailer Manufacturers Association (TTMA) American Trucking Associations (ATA) II. Provisions Adopted in This Final Rule and Discussion of Comments In this section, PHMSA discusses the changes proposed in the NPRM and the comments received in response to the NPRM. Based on an assessment of the proposed changes and the comments received, PHMSA identifies the provisions that are adopted in this final rule. Also, to clearly identify the issues addressed in this final rule, PHMSA provides the following list of contents for this section: A. Updated Incorporations by Reference B. Definition of ``Person'' C. Consolidation Bins D. Transitional Provisions E. Reporting Infectious Substances Incidents [[Page 43511]] F. Hazard Communication for IBCs G. HMT Revisions H. Hazard Communication I. Exclusive Use Vehicles for Regulated Medical Waste (RMW) J. Fireworks K. Explosives L. Rail Transloading Operations M. Cylinders N. Cargo Tanks O. Permeation Devices P. Alcoholic Beverage Exception Q. Special Permits R. Lab Packs S. Batteries Containing Sodium or Cells Containing Sodium T. Additional Issues Addressed in This Rule A. Updated Incorporations by Reference Generally, PHMSA strives to promote consistency by incorporating existing consensus standards into the HMR. Through the ``National Technology Transfer and Advancement Act of 1996,'' government agencies are directed to use voluntary consensus standards. According to the Office of Management and Budget (OMB) Circular A-119, ``Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities,'' government agencies must use voluntary consensus standards whenever practical in the development of regulations. Agency adoption of industry standards promotes productivity and efficiency in government and industry, expands opportunities for international trade, conserves resources, improves health and safety, and protects the environment. PHMSA actively participates in the development and updating of consensus standards through representation on more than 20 consensus standard bodies. Section 171.7 lists the matters incorporated by reference into the HMR. PHMSA regularly reviews updated consensus standards and considers their merit for inclusion into the HMR. Below we discuss the consensus standards being considered for adoption in this final rule. In response to a petition for rulemaking (petition number P-1495; Docket Number PHMSA-2007-28054) submitted by IME, PHMSA reviewed the updated American Society for Testing and Materials Standard pertaining to the use of an alternate bend test for DOT 3AA and 3AAX cylinders in accordance with (ASTM E290-97a (2004), ``Standard Test Methods for Bend Testing for Material for Ductility''). PHMSA also reviewed the updated Association of American Railroads' (AAR) pamphlet pertaining to the Intermodal Loading of Products in Closed Trailers and Containers (AAR Pamphlet 6C); and the updated IME's Standard pertaining to the Safe Transportation of Detonators (IME SLP-22, Recommendations for the Safe Transportation of Detonators in a Vehicle with Certain Other Explosive Materials, dated February 2007). Currently, we reference Bureau of Explosives (BOE) Pamphlets in several sections of the HMR that establish general handling and loading requirements for the transportation of hazardous materials by rail (e.g., Sec. Sec. 174.55(a); 174.101(o)(2)(3); 174.112(c)(3), and 174.115(b)(3)) (see Sec. 171.7). The BOE, part of the AAR, was founded in 1907 by the railroad industry to serve as a self-policing agency to promote the safe transportation of explosives and other hazardous materials. The BOE wrote some of the first hazardous materials regulations which were subsequently adopted and expanded upon by the Interstate Commerce Commission (ICC) and later the U.S. Department of Transportation. A number of BOE publications are referenced in the HMR for bulk and non-bulk shipments of hazardous materials. Several of the BOE publications focus on the safe transportation of non-bulk packages of hazardous materials in trailer-on-flatcar service, including: BOE Pamphlet No. 6, Approved Methods for Loading and Bracing Carload and Less Than Carload Shipments of Explosives and Other Hazardous Materials; Pamphlet No. 6A, Approved Methods for Loading and Bracing Carload Shipments of Military Ammunition and Explosives; and BOE Pamphlet 6C, Approved Methods for Loading and Bracing Trailers and Less-Than-Trailer Shipments of Explosives and Other Dangerous Articles Via Trailer-on-Flat-Car and Container-on-Flat-Car. Pamphlets 6 and 6A were last updated in 1976. With the increasing use of intermodal methods as the preferred means of shipping non-bulk packages of hazardous materials, the AAR subsequently issued the Intermodal Loading Guide for Products in Closed Trailers and Containers (Guide), replacing BOE Pamphlet 6C, Pamphlet No. 45, and Circular No. 43-C. This Guide was issued in 1995. Despite the industry change, BOE Pamphlets 6 and 6A remain in effect and are referenced in the HMR. The Guide is intended to be a comprehensive manual for loading commodities in trailers and containers for shipment by rail. Incorporated into this Guide are AAR Circular 43-D, Rules for Governing the Loading, Blocking and Bracing of Freight in Closed Trailers and Containers for TOFC/COFC Service, the approved loading and bracing information contained in AAR Bureau of Explosives Pamphlet 6C, and AAR Pamphlet No. 45 on general loading in closed trailers and containers. The ``General Rules'' as contained in Circular 43-D are issued by the AAR, and have been formulated for the purpose of providing safe methods of loading in closed trailers or containers. During normal transportation, trailers and containers may move various directions during transport (e.g., forward, backward, side-to-side, etc.). Dynamic forces may shift an unsecured load or cause lading to exert excessive pressure against the front, rear doors, or sides of the trailer or container. Lading that is improperly blocked and braced can shift and cause the vehicle to lean on the flatcar. A leaning vehicle can cause a sideswipe or contribute to a derailment. The loading methods, as described in the Guide, are approved by the Damage Prevention and Freight Claim Committee and are minimum industry acceptance standards that have been evaluated and approved by the member railroad carriers serving on the committee. In the NPRM, PHMSA clearly indicated that updating the incorporation by adding reference to these standards promotes safety without imposing significant compliance burdens. The standards have a well established and documented safety history. Further, adopting the standards will enhance the current level of safety achieved under the HMR. PHMSA received mostly supportive comments. However, PHMSA received one comment from the ATA opposing the incorporation by reference of AAR Pamphlet 6C into the HMR. ATA stated, ``ATA opposes the incorporation by reference of industry standards where such standards are developed without the benefit of formal rulemaking and where such standards are not provided to the public free of charge. We note that Pamphlet 6C is not available to the public but may be ordered from the Association of American Railroads for $120.'' ATA further stated that ``PHMSA should first publish the text of the standard in the Federal Register and solicit comments on it prior to its incorporation into the HMR. In addition, PHMSA should ensure that the specific industry standard incorporated into the HMR remains available to the regulated community free of charge.'' ATA suggested PHMSA make a copy of the standards available on its Web site. [[Page 43512]] PHMSA agrees with the commenter that it would be useful for everyone to be able to access these documents. To this end, PHMSA continues to research appropriate methods to provide matters incorporated by reference to the regulated community. For example, on March 1, 2011, PHMSA published an advance notice of proposed rulemaking (ANPRM) under Docket No. PHMSA-2005-0019 (HM-241), entitled ``Hazardous Materials: Adoption of ASME Code Section XII and the National Board Inspection Code.'' The ANPRM considers incorporation by reference of the ASME's ``Boiler and Pressure Vessel Code, Section XII'' for the design, construction, and certification of cargo tank motor vehicles, cryogenic portable tanks and multi-unit-tank car tanks (ton tanks) and the National Board of Boiler and Pressure Vessel Inspector's (National Board) ``National Board Inspection Code'' as it applies to the continuing qualification and maintenance of ASME stamped cargo tank motor vehicles, portable tanks, and multi-unit-tank car tanks (ton tanks) constructed to standards in ASME Section VII or ASME Section XII (76 FR 11191). In the ANPRM, PHMSA notified the public of the electronic availability of the ASME ``Boiler and Pressure Vessel Code, Section XII'' (2010 Edition) and the National Board's ``National Board Inspection Code'' (2007 Edition). Further, PHMSA extended the comment period for the ANPRM published on December 23, 2010 (75 FR 80765). Moving forward, PHMSA will work to make matters incorporated by reference available to the public for review, free of charge, during open comment periods. As for AAR Pamphlet 6C, PHMSA believes that we can and should adopt the standard since the standard provides an enhanced level of safety without imposing significant compliance burdens. These materials have a well-established and documented safety history. As in the case of ASTM E290-97a, this is an alternative and this final rule does not mandate the use of this standard. Therefore, at this time, we are adopting all of the incorporation by references, including the AAR Pamphlet 6C, as proposed. B. Definition of ``Person'' Section 171.8 lists definitions for commonly used terms in the HMR. The current definition of ``person'' is inconsistent with the definition in the Federal hazardous materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et seq.) in that it does not include persons who manufacture, repair, or test packaging authorized for the transportation of hazardous materials. For consistency with the statutory definition, PHMSA proposed to revise the definition of ``person'' in Sec. 171.8 to include packaging manufacturers as well as repairers and testers of packaging used for the transportation of hazardous materials. PHMSA did not receive any comments regarding this amendment; therefore, PHMSA adopts this amendment as proposed. C. Consolidation Bins Consolidation bins are commonly used by motor carriers to consolidate and transport hazardous materials packages. Consolidation bins are not offered by a shipper, rather, they are used by a motor carrier to consolidate, secure against movement, and provide additional protection for small packages. Currently, under the provisions of Sec. 172.404(b), a consolidation bin is an outside container and must be labeled as required for each of the hazardous materials it contains. The ATA petitioned PHMSA (petition number P-1545; Docket Number PHMSA- 2009-0236) to allow motor carriers to use consolidation bins to transport packages of hazardous materials without having to affix labels to the consolidation bin for each class of hazardous material contained within the bin. In its petition, ATA suggested that consolidation bins promote safety by reducing damage to packages of hazardous materials, improve regulatory compliance by ensuring that packages are effectively blocked and braced on a vehicle, improve transportation efficiency by minimizing handling of numerous small packages, and allow packages moving to a specific terminal to be grouped together and to be transferred more efficiently from one motor vehicle to another. However, according to ATA, motor carriers are foregoing the use of consolidation bins because the dynamic nature of motor carrier operations makes the labeling and unlabeling of the bins impracticable. ATA gives the following reasons: Drivers would have to be trained on when to affix and remove labels as freight is picked up and dropped off. Each motor vehicle would have to be equipped with multiple sets of all labels, as drivers do not know the hazard classes of freight they will pick up prior to arriving at the consignor's facility. It is physically difficult to properly affix labels on a reusable consolidation bin in a manner that ensures they do not come off while in transportation and then remove those labels as packages within the bins are delivered. ATA states: ``The use of unlabeled consolidation bins will not compromise the safe transportation of hazardous materials. Hazardous materials packaging loaded into the consolidation bin will be marked, labeled, and manifested on a hazardous material shipping paper. While some of these package labels may not be visible within the consolidation bin, this situation is identical to the current transportation of packaging where labels may be obscured by the position of the package or its placement in the vehicle.* * * '' In its petition, ATA proposes a new paragraph (c) to Sec. 172.404 to allow a motor carrier to use an unlabeled consolidation bin for its own convenience, to include trailer-on-flatcar service, and proposes a specific definition in Sec. 171.8 for the term ``consolidation bin.'' In addition to the petition for rulemaking by ATA, PHMSA issued special permit, DOT-SP 14881, authorizing the use of consolidation bins without hazard warning labels on the outside of the bins. This special permit was issued on December 3, 2009, and has been routinely used with no reported incidents. The special permit requires the consolidation bin be marked with an indication of each hazard class or division within it; that packages be secured within the bin by other packages or other suitable means to prevent shifting or significant relative motion between the packages; that the consolidation bins be otherwise properly blocked and braced within the transport vehicle; and that the packages be loaded only by employees of the motor carrier. PHMSA agrees that there are safety benefits to using consolidation bins and that it may be impractical for a motor carrier to label and remove labels for packages transported in consolidation bins. Therefore, we proposed to allow an exception from labeling for consolidation bins used for the convenience of a motor carrier. However, PHMSA was concerned that, in the absence of any marking or label on the consolidation bin, a person other than the person who had placed packages in the bin may have no indication the bin contains a hazardous material. To address this concern, and consistent with the terms of the special permit, we proposed in the NPRM to require the bin to be marked in a manner that indicates it contains a hazardous material. We also proposed to incorporate several provisions of the special permit, including limiting the size of a consolidation bin to less than [[Page 43513]] 64 cubic feet capacity, so as not to conflict with hazard communication requirements for freight containers. We also proposed that the consolidation bin must be reusable, made of materials such as plastic, wood, or metal. PHMSA was concerned that consolidation bins made of cardboard are not of sufficient strength to meet the requirements in this proposal. Accordingly, PHMSA requested comments on the use of cardboard and what standards should be established if cardboard would be authorized for use, i.e., thickness, wall type, burst strength, etc. We also proposed in the NPRM that packages may only be placed within the consolidation bin and the bin be loaded on a motor vehicle by an employee of a single motor carrier. Additionally, we proposed that consolidation bins may only be transported by a single motor carrier, or on railcars transporting such vehicles. We believe the proposed language in Sec. 172.404(c) obviates the need for a separate definition for ``consolidation bin'' in Sec. 171.8. In addition to the proposal to address the ATA petition, we proposed to revise paragraph (b) of Sec. 172.404, to clarify that an outside container or overpack need not be labeled, if labels on the packages contained therein are visible, for consistency with the overpack provisions of Sec. 173.25(a)(2). PHMSA received comments, from ATA, the UPS, and PPG Industries, Inc. regarding this proposed amendment. UPS supports the proposed labeling exception for consolidation bins. UPS indicated their experience using consolidation bins has been very successful. According to UPS, terminals using the bins have experienced zero damage to packages contained in the bins, a great improvement compared to UPS's efforts to secure these types of packages without consolidations bins. UPS supports, and ATA does not object to, proposals that would permit marking the bin or using a tag to indicate each hazard class or division contained therein, in place of requiring the application of individual hazard labels. According to UPS, ``the ability to use such consolidation bins without the labeling requirement greatly improves and simplifies the processes involved in using the bins.'' However, UPS and ATA do not support the proposal to limit the use of consolidation bins to a single motor carrier. UPS states `` * * * that this proposed limitation potentially removes the safe and beneficial handling practices it experiences from application in networks involving motor carriers utilizing contracts with other motor carriers to extend coverage.'' UPS indicates that when used for small, unpalletized packages of hazardous materials, the consolidation bins significantly reduce damages. In light of these benefits, UPS respectfully requests that PHMSA reconsider its proposed limitation restricting use of the bins to a single motor carrier. UPS states, ``These bins should be available to move among motor carriers that collectively, and through contracts, make up a comprehensive operating network * * *'' UPS believes that ``as long as the motor carriers in the network are operating under contract to the main motor carrier company, the drivers working for the vendor carriers are fully informed about bins being used, and are advised on how to identify the contents in the bins, interlining can successfully be used across the network.'' In addition, ATA commented that PHMSA could permit interlining and transfers of consolidation bins between carriers by including a requirement to inform the subsequent carrier on the use of the consolidation bin and its contents. PPG Industries supports the use of consolidation bins by motor carriers to consolidate small packages of hazardous materials as proposed. PPG states, ``The benefits of package consolidation and reduced damage would seem to outweigh the lack of display of hazard labels on the outside of consolidation bins containing small packages.'' PHMSA agrees with the important safety benefits of providing for the use of consolidation bins when transporting hazardous materials by motor vehicle. However, we do not agree with commenters who requested that the proposed limitation for the use of consolidation bins by a single motor carrier be removed. The use of consolidation bins is a carrier function. Each carrier operation is unique to that particular carrier, as well as their consolidation bins they use for consolidating and securing freight. Limiting the use of the consolidation bins to a single motor carrier actually enhances safety in handling and transporting hazardous materials. In addition, freight transferred between carriers may be overpacked to provide the same safety and handling benefits. Therefore, we are adopting this amendment as proposed. PHMSA requested comments on the use of cardboard and what standards should be established if cardboard would be authorized for use, i.e., thickness, wall type, burst strength, etc. We received no comments on the use of cardboard and what standards should be established if cardboard would be authorized. PHMSA is concerned that consolidation bins made of cardboard are not of sufficient strength to meet the requirements in this proposal. Therefore, PHMSA is not authorizing the use of cardboard consolidation bins. The consolidation bin requirements are adopted as proposed. D. Transitional Provisions Section 171.14 provides transitional provisions for recently adopted regulatory changes. Most of the provisions in this section are outdated. Therefore, for better understanding of the transitional provisions, we proposed in the NPRM to remove this section and outdated provisions from the HMR and add the remaining provisions to the appropriate sections in the HMR to which they apply, as follows: Shipping description sequence. Section 171.14(e) permits the shipping description sequences in effect on December 31, 2006, to be used until January 1, 2013. PHMSA proposed to relocate this transitional provision to Sec. 172.202(b). Division 5.2 labels and placards. Section 171.14(f) authorizes the use of a Division 5.2 label and a Division 5.2 placard that conform to the label and placard specifications in effect on December 31, 2006, until January 1, 2011, except for transportation by highway. For transportation by highway, a Division 5.2 placard conforming to the specifications in Sec. 172.552 of this subchapter in effect on December 31, 2006 may be used until January 1, 2014. PHMSA proposed to relocate this transitional provision to Sec. 172.552. Class 3 and Division 6.1 definitions. Section 171.14(g) authorizes the use of the Class 3 and Division 6.1 classification criteria and packing group assignments in effect on December 31, 2006, until January 1, 2012. PHMSA proposed to relocate these transitional provisions to Sec. Sec. 173.120 and 173.121 for Class 3 materials and to Sec. Sec. 173.132 and 173.133 for Division 6.1 materials. Gasohol. The transitional provision for gasohol in Sec. 171.14(h) would be relocated to a new Special Provision 178 to specify that effective October 1, 2010, the proper shipping name ``Ethanol and gasoline mixture or ethanol and motor spirit mixture or ethanol and petrol mixture,'' and the revised proper shipping name ``Gasohol gasoline mixed with ethyl alcohol, with not more than 10% alcohol'' must be used, as appropriate when describing gasoline and ethanol mixtures. PHMSA did not receive any comments opposing these amendments. However, PHMSA received comments from PPG Industries and New England [[Page 43514]] Fuel Institute (NEFI) supporting these amendments. PHMSA's proposal to move the provision for use of the 5.2 label and 5.2 placard, conforming to the label and placard specifications in effect on December 31, 2006, with a January 1, 2011 transition date, except for highway transportation, is now outdated. Therefore, PHMSA is removing the provision authorizing use of the 5.2 label and 5.2 placard in effect on December 31, 2006 for all modes except highway until January 1, 2011 since the date has now passed. The use of the 5.2 placard in effect on December 31, 2006, is authorized for use by highway until January 1, 2014. With the exception of the transitional provision regarding the 5.2 label with the January 1, 2011 transition date discussed above, PHMSA is adopting this amendment as proposed. Additionally, PHMSA's proposal to move the provision to a Special Provision 178 for the use of proper shipping name ``Gasohol gasoline mixed with ethyl alcohol, with no more than 20 percent alcohol'' which went into effect on January 28, 2008, may continue to be used until October 1, 2010. This provision authorizing the use of the proper shipping name ``Gasohol gasoline mixed with ethyl alcohol, with no more than 20 percent alcohol'' is now out dated since the October 1, 2010 transition date has passed. Therefore, we are not adopting this amendment as proposed. As of October 1, 2010, the new proper shipping name ``Ethanol and gasoline mixture or ethanol and motor spirit mixture or ethanol and petrol mixture'' and the revised proper shipping name ``Gasohol gasoline mixed with ethyl alcohol, with not more than 10% alcohol'' must be used as appropriate. E. Reporting Infectious Substances Incidents Section 171.15 establishes requirements for immediate notice of incidents involving certain hazardous materials. The Centers for Disease Control and Prevention is no longer accepting calls providing notice of incidents involving an infectious substance (etiologic agent). In the NPRM, PHMSA proposed to remove the alternative to provide notice to the Centers for Disease Control and Prevention of incidents involving an infectious substance (etiologic agent). Specifically, we proposed to remove the following text from paragraph (a) referencing the Centers for Disease Control and Prevention which states: ``Notice involving an infectious substance (etiologic agent) may be given to the Director, Centers for Disease Control and Prevention, U.S. Public Health Service, Atlanta, GA, 800-232-0124 (toll free), in place of notice to the NRC.'' PHMSA did not receive any comments opposing this amendment; therefore, this deletion is adopted as proposed. F. Hazard Communication for Intermediate Bulk Containers (IBCs) Section 172.336 requires identification numbers to be displayed on either orange panels or a plain white square-on-point display configuration having the same outside dimensions as a placard. Section 172.514 provides an exception to placarding for IBCs that authorizes IBCs to be labeled rather than placarded. However, there is no provision in the HMR that allows the proper shipping name and UN number to be displayed in lieu of displaying the UN number on a placard, orange panel, or white square-on-point configuration. 49 CFR 172.332(a). For international transport in accordance with the IMDG Code, IBCs are not required to display a UN number on a placard or orange panel. They are, however, required to be marked and labeled. To comply with both the HMR and IMDG Code, some shippers are having difficulty fitting all of the various markings, labels, placards on a steel cage IBC. These IBCs are constructed with a metal plate and all of the required markings, labels, placards do not fit in the allowed space on the metal plate; some must be affixed to the metal boards with clips or other holding devices which, although secured, run the risk of becoming dislodged during transportation. To meet all of the necessary requirements, a shipper may place all of the following items on the IBC: a placard with the UN number; a hazard label; the proper shipping name and UN number; and the GHS product labeling requirements. Shippers generally do not use the UN number on the orange panel because this configuration is too large for the metal plate. For international harmonization, PHMSA proposed in the NPRM to revise Sec. 172.336 by adding a new paragraph (d) to indicate that when a bulk packaging is labeled instead of placarded in accordance with Sec. 172.514(c), identification numbers may be displayed in accordance with Sec. 172.301(a)(1). Additionally, we proposed to revise Sec. 172.514(c)(4) to indicate that IBCs that are labeled on two opposite sides rather than placarded, are authorized to display the proper shipping name and UN number in lieu of displaying the UN number on a placard, orange panel, or white square-on-point configuration. In a petition for rulemaking (P-1392), Vinings Industries, Inc., has noted that given the size of bulk packaging covered by the placard- to-label exception and the fact that these packaging are generally transported in closed vehicles, the same logic used to justify a small display of the hazard identity (e.g. labels instead of placards) would support a small, more flexible, display of the identification number. PHMSA agrees that the petition has merit. Therefore, in the NPRM, PHMSA proposed to revise Sec. 172.336 by adding new paragraph (d) to allow the use of smaller identification markings when a bulk packaging is labeled instead of placarded. PHMSA did not receive any comments opposing these amendments. However, PPG Industries suggested that it would be clearer to have the IBC marking options displayed in one section within Subpart D of Part 172. They believed having the marking reference within the placarding section is confusing. PHMSA disagrees with PPG Industries' suggestion. The placarding exception in Sec. 172.514(c) is the impetus of this regulatory change. The link between the placarding and marking exceptions is essential to provide consistency and eliminate confusion. We are adopting these amendments as proposed. G. HMT Revisions PHMSA proposed a number of revisions to the Hazardous Materials Table (HMT; Sec. 172.101), for the purpose of harmonizing with international standards. These proposed revisions included the following: Section 172.101(c) provides instruction on the use of the Column (2) list of hazardous materials descriptions and proper shipping names in the HMT. Included in paragraph (c)(2) is instruction on use of the word ``or.'' The word ``or'' in italics indicates that there is a choice of terms in the sequence that may be used as the proper shipping name or as part of the proper shipping name. PHMSA proposed to clarify this provision by including further instruction on the use of the word ``or.'' We proposed to include examples to indicate that the term ``or'' authorizes the use of either the first or the second term in the description of the hazardous materials in the proper shipping name. For example, the entry ``Carbon dioxide, solid or Dry ice'' means that either ``Carbon dioxide, solid'' or ``Dry ice'' may be used as the proper shipping name; and, the entry ``Articles, pressurized pneumatic or hydraulic'' [[Page 43515]] means that either ``Articles, pressurized pneumatic'' or ``Articles, pressurized hydraulic'' may be used as the proper shipping name. The entries for ``Formaldehyde, solutions'' and ``Formalin'' are sometimes used incorrectly. Formalin is specifically defined as a 37% aqueous solution of formaldehyde. A 10% formalin solution and 10% formaldehyde solution are not the same materials for transport purposes. Many diagnostic and biological samples are transported by commercial aircraft in formaldehyde solutions of various concentrations. Some samples transported in 10% or greater formaldehyde solutions are incorrectly shipped as unregulated materials. Other samples transported in 3.7% formaldehyde (10% formalin) solutions are incorrectly shipped as fully regulated hazardous materials. A formaldehyde solution, with less than 25% but not less than 10% formaldehyde is a Class 9 material. PHMSA proposed to include a new italicized entry in Column (2) of the HMT for 10%-25% formaldehyde solutions to enhance understanding of the entries in the HMT. This new entry would reference the proper shipping names ``Aviation regulated liquid, n.o.s'' and ``Other regulated substances, liquid, n.o.s.'' Formalin is an aqueous solution of formaldehyde and methanol and is a Class 3 flammable liquid material. The entry ``Formaldehyde solutions, flammable, UN1198'' is intended for use as a hazardous materials description for formalin. Note that the less common ``methanol-free'' formalin is not a Class 3 material. Therefore, for further clarification, we proposed to revise the ``Formaldehyde, solutions, flammable'' entry by adding a new special provision 176 to specify that the entry is intended for use as proper shipping name for formaldehyde solutions containing methanol. PHMSA became aware of a typographical error in the entry ``Formaldehyde solutions'' which has an extra comma between ``Formaldehyde'' and ``solutions.'' Therefore, PHMSA proposed to correct this error by removing the comma between ``Formaldehyde'' and ``solutions'' in the proper shipping name for UN1198. PHMSA received no comments on these proposed changes to the HMT. Therefore, we are adopting these amendments, with an edit to ``Formaldehyde solutions, UN1198,'' entry as proposed. In a final rule, under Docket HM-215I, PHMSA revised the proper shipping name for ``Regulated medical waste, n.o.s, UN3291'' to include ``Clinical waste unspecified, n.o.s.'' and ``(BIO) Medical waste, n.o.s.'' under a combined proper shipping name entry. It has come to our attention that combining all the proper shipping names under the one entry makes it difficult to know the other proper shipping names exist. In the NPRM, PHMSA proposed to give each proper shipping name its own entry in the HMT with a cross reference to the others. For the entry ``Battery-powered vehicle or Battery-powered equipment, UN3171,'' the stowage category ``A'' entry in Column (10A) was inadvertently omitted. PHMSA proposed to reinstate in Column (10A) of the HMT stowage category ``A.'' A new italicized entry ``Permeation devices, containing dangerous goods, for calibrating air quality monitoring equipment'' would be added referencing Sec. 173.175 to indicate that permeation devices that contain dangerous goods and are used for calibrating air quality monitoring devices are not subject to the HMR requirements provided the conditions of Sec. 173.175 are met. This proposed revision was submitted to PHMSA as a petition for rulemaking (petition number P-1493; Docket Number PHMSA-2007-27318) from the URS Corp. requesting harmonizat
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