# Hazardous Materials; Miscellaneous Amendments (RRR)

- **operation:** document
- **citation:** 78 FR 15303
- **title:** Hazardous Materials; Miscellaneous Amendments (RRR)
- **source type:** rulemaking
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2013-03-11
- **effective on:** 2013-05-10
- **summary:** PHMSA is amending the Hazardous Materials Regulations (HMR) to make miscellaneous amendments to update and clarify certain regulatory requirements. These amendments promote safer transportation practices, eliminate unnecessary regulatory requirements, address a petition for rulemaking, incorporate a special permit into the HMR, facilitate international commerce, and simplify the regulations. These amendments also update various entries in the Hazardous Materials Table (HMT) and corresponding special provisions, clarify the lab pack requirements for temperature-controlled materials, and require hazmat employers to make hazmat employee training records available upon request to an authorized official of the Department of Transportation (DOT) or an entity explicitly granted authority to enforce the HMR.
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Federal Register, Volume 78 Issue 47 (Monday, March 11, 2013) [Federal Register Volume 78, Number 47 (Monday, March 11, 2013)] [Rules and Regulations] [Pages 15303-15331] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2013-04198] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 105, 171, 172, 173, 177, 178, and 180 [Docket No. PHMSA-2011-0138 (HM-218G)] RIN 2137-AE78 Hazardous Materials; Miscellaneous Amendments (RRR) AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: PHMSA is amending the Hazardous Materials Regulations (HMR) to make miscellaneous amendments to update and clarify certain regulatory requirements. These amendments promote safer transportation practices, eliminate unnecessary regulatory requirements, address a petition for rulemaking, incorporate a special permit into the HMR, facilitate international commerce, and simplify the regulations. These amendments also update various entries in the Hazardous Materials Table (HMT) and corresponding special provisions, clarify the lab pack requirements for temperature-controlled materials, and require hazmat employers to make hazmat employee training records available upon request to an authorized official of the Department of Transportation (DOT) or an entity explicitly granted authority to enforce the HMR. DATES: Effective Date: This rule is effective May 10, 2013. Voluntary Compliance Date: Voluntary compliance with all amendments is authorized March 11, 2013. FOR FURTHER INFORMATION CONTACT: Rob Benedict, Standards and Rulemaking Division, (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: Contents I. Background A. Notice of Proposed Rulemaking (NPRM) B. Commenters II. Discussion of Amendments and Applicable Comments A. General Comments B. Provisions Adopted in This Final Rule and Discussion of Comments C. Comments Beyond the Scope of This Rulemaking D. Provisions Not Adopted in This Final Rule and Discussion of Comments III. Regulatory Analyses and Notices A. Statutory/Legal Authority for the Rulemaking B. Executive Order 12866, Executive Order 13563 and DOT Regulatory Policies and Procedures C. Executive Order 13132 D. Executive Order 13175 E. Regulatory Flexibility Act, Executive Order 13272, and DOT Procedures and Policies F. Paperwork Reduction Act G. Regulatory Identifier Number (RIN) H. Unfunded Mandates Reform Act I. Environmental Assessment J. Privacy Act K. International Trade Analysis I. Background A. Notice of Proposed Rulemaking (NPRM) On April 26, 2012, PHMSA published a NPRM under Docket PHMSA 2011- 0138 [77 FR 24885] (HM-218G) that proposed amendments to update and clarify existing requirements of the HMR. The NPRM and this Final Rule are part of the Department of Transportation's Retrospective Regulatory Review (RRR) designed to identify ways to improve the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). The NPRM proposed amendments to update and clarify existing requirements by incorporating changes into the HMR based on PHMSA's own initiatives. The proposed amendments were identified through an extensive review of the HMR and previously issued letters of interpretation to the regulated hazardous materials transportation community. In addition, the NPRM proposed to incorporate a special permit with a longstanding history of safety into the HMR and respond to a petition for rulemaking. The changes proposed in the April 26, 2012 NPRM are summarized below: Permit designated agents for non-residents to submit designation requests by electronic mail in addition to traditional mail. Add the Sulphur Institute's (TSI) ``Molten Sulphur Rail Tank Car Guidance'' document to the list of informational materials not requiring incorporation by reference in Sec. 171.7 (Responds to petition for rulemaking P-1581). [[Page 15304]] Revise the Sec. 172.101 Hazardous Materials Table (HMT) to correct an error in the transportation requirements for entries listed under the proper shipping name, ``Hydrazine Dicarbonic Acid Diazide.'' Revise the Sec. 172.101 HMT to remove the entry for ``Zinc ethyl, see Diethylzinc'' that was superseded by proper shipping names adopted in a previous rulemaking. Add the inadvertently omitted entries for ``Paint related material, flammable, corrosive (including paint thinning or reducing compound)'' UN3469, PG II, and PG III to the Sec. 172.101 HMT. Remove references to special provisions B72 and B74 in Sec. 172.102. Revise special provision 138 in Sec. 172.102 to clarify the lead solubility calculation used to classify a material as a Marine Pollutant. Revise the shipping paper requirements in Sec. 172.203(e) to permit the placement of phrase ``Residue last contained'' before or after the basic shipping description sequence, or for rail shipments, directly preceding the proper shipping name in the basic shipping description sequence. Update the training recordkeeping requirements in Sec. 172.704 to specify that a hazmat employer must make hazmat employee training records available upon request, at a reasonable time and location, to an authorized official of the Department of Transportation or the Department of Homeland Security (DHS). Clarify that the material of trade exception in Sec. 173.6 may be used when transporting Division 2.1 and 2.2 gases in Dewar flasks. Clarify the lab pack provisions in Sec. 173.12 pertaining to temperature-controlled materials contained in a lab pack. Clarify the exceptions for external emergency self-closing valves on cargo tank motor vehicles (CTMVs) in Sec. 173.33(g) to specify that external emergency self-closing valves on MC 338 cargo tanks containing cryogenic liquids may remain open during transportation. Correct an inadvertent deletion of the Sec. 173.62 packaging requirements for explosives. Incorporate special permit DOT SP-13556 into Sec. 173.134, to authorize the transportation by motor vehicle of certain regulated medical wastes, designated as sharps, in non-DOT specification containers fitted into wheeled racks. Revise the requirements for cargo air transport of alcoholic beverages in Sec. 173.150 to harmonize with the International Civil Aviation Organization's (ICAO) Technical Instructions (TI). Clarify the exceptions in Sec. 173.159a for non-spillable batteries secured to skids or pallets. Revise Sec. 178.2(c) to clarify the applicability of the closure notification requirements for packages containing residues. Correct regulatory citations in Sec. 178.2(c). Clarify the requirements for the Flame Penetration Resistance test specified for chemical oxygen generators and certain compressed gases in Appendix E to Part 178. Clarify the inspection record requirements in Sec. 180.416 for discharge systems of cargo tanks transporting liquefied compressed gases. B. Commenters The comment period for the April 26, 2012 NPRM closed on June 25, 2012. PHMSA received 22 public comments in response to the NPRM's proposed amendments, from trade associations representing various industries, individual businesses, and concerned citizens who make up the regulated community. While the majority of the commenters supported the proposals in the NPRM, some commenters expressed adverse opinions with specific proposals. In response to the feedback provided by these commenters, PHMSA will address and discuss both the proposals adopted and not adopted into the HMR by this rulemaking under the heading, ``Discussion of Amendments and Applicable Comments.'' In addition, some commenters provided suggestions for revisions that were not specifically addressed in the NPRM, and therefore, are considered beyond the scope of this rulemaking. The comments, as submitted to this docket, may be accessed via http://www.regulations.gov and were submitted by the following individuals, companies, and associations (abbreviations used throughout the document and Docket Reference numbers are also provided): ---------------------------------------------------------------------------------------------------------------- Commenter Abbreviation Docket reference ---------------------------------------------------------------------------------------------------------------- American Coating Association, Inc...... ACA....................... PHMSA-2011-0138-0012 American Trucking Association.......... ATA....................... PHMSA-2011-0138-0007 Association of American Railroads...... AAR....................... PHMSA-2011-0138-0022 Association of Hazmat Shippers......... AHS....................... PHMSA-2011-0138-0011 Council on Safe Transportation of COSTHA.................... PHMSA-2011-0138-0010 Hazardous Articles, Inc. Dangerous Goods Advisory Council....... DGAC...................... PHMSA-2011-0138-0009 The Fertilizer Institute............... TFI....................... PHMSA-2011-0138-0021 International Vessel Operators IVODGA.................... PHMSA-2011-0138-0014 Dangerous Goods Association Inc. Koch Sulfur Products Company LLC....... KSPC...................... PHMSA-2011-0138-0025 National Association of Chemical NACD...................... PHMSA-2011-0138-0023 Distributors. National Tank Truck Carriers........... NTTC...................... PHMSA-2011-0138-0019 Oxbow Sulphur Inc...................... Oxbow..................... PHMSA-2011-0138-0018 Potash Corporation of Saskatchewan..... PCS....................... PHMSA-2011-0138-0026 Richard Zbilski........................ Richard Zbilski........... PHMSA-2011-0138-0027 Reusable Industrials Packaging RIPA...................... PHMSA-2011-0138-0016 Association. Stericycle, Inc........................ Stericycle................ PHMSA-2011-0138-0005 The Sulphur Institute.................. TSI....................... PHMSA-2011-0138-0017 Transammonia Inc....................... Transammonia.............. PHMSA-2011-0138-0020 Union Tank Car Company................. UTCC...................... PHMSA-2011-0138-0029 U.S. Clay Producers Traffic Association USCPTA.................... PHMSA-2011-0138-0024 Utility Solid Waste Activities Group... USWAG..................... PHMSA-2011-0138-0013 Veolia ES Technical Solutions, L.L.C... Veolia.................... PHMSA-2011-0138-0008 ---------------------------------------------------------------------------------------------------------------- [[Page 15305]] II. Discussion of Amendments and Applicable Comments A. General Comments On September 30, 1993, President Bill Clinton issued Executive Order 12866 which asked Federal agencies ``to enhance planning and coordination with respect to both new and existing regulations; to reaffirm the primacy of Federal agencies in the regulatory decision- making process; to restore the integrity and legitimacy of regulatory review and oversight; and to make the process more accessible and open to the public.'' On October 21, 2011, President Barack Obama issued Executive Order 13563 which is supplemental to and reaffirms the principles, structures, and definitions governing contemporary regulatory review that were established in Executive Order 12866. This executive order urged government agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public. Finally, federal agencies were directed to periodically review existing significant regulations; retrospectively analyze rules that may be outmoded, ineffective, insufficient, or excessively burdensome; and modify, streamline, expand, or repeal regulatory requirements in accordance with what has been learned. On May 10, 2012, President Barack Obama issued Executive Order 13610 (Identifying and Reducing Regulatory Burdens) reaffirming the goals of Executive Order 13563 (Improving Regulation and Regulatory Review) issued January 18, 2011, and Executive Order 12866 (Regulatory Planning and Review) issued September 30, 1993. Executive Order 13610 directs agencies to prioritize ``those initiatives that will produce significant quantifiable monetary savings or significant quantifiable reductions in paperwork burdens while protecting public health, welfare, safety, and our environment.'' Executive Order 13610 further instructs agencies to give consideration to the cumulative effects of their regulations, including cumulative burdens, and prioritize reforms that will significantly reduce burdens. In accordance with Executive Orders 13610 and 13563, PHMSA has undertaken a retrospective review of the HMR. This final rule and the NPRM that preceded it are part of that initiative, and were based on an internal review of the HMR, special permits, petitions, and letters of interpretation. The April 26, 2012 NPRM specifically addressed a petition, a special permit, and various clarifications identified in letters of interpretation and through PHMSA internal review of the HMR. The publication of the NPRM provided an opportunity for further public participation in the development of the regulatory amendments, and promoted an exchange of information and perspectives among the various stakeholders. PHMSA received 22 comments in response to the April 26, 2012 NPRM which were predominately positive. Some commenters agreed in principle with the proposed amendments and offered revisions to improve the clarity of the regulatory text. In some cases, no comments to proposed amendments were received. In these circumstances, PHMSA attributed the lack of comment to either the nature of the amendment being editorial, or a general acknowledgement from the regulated community that no opposition to the change was warranted. Finally, negative comments were also received on some specific issues. A detailed description of the original proposals in the April 26, 2012 NPRM, a summary of the comments received, responses to those comments, and PHMSA's decision on future actions are detailed below. B. 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. To clearly identify the issues addressed in this final rule, PHMSA provides the following list of adopted amendments discussed in this section: Permit designated agents for non-residents to submit designation requests by electronic mail in addition to traditional mail. Add the Sulphur Institute's (TSI) ``Molten Sulphur Rail Tank Car Guidance'' document to the list of informational materials not requiring incorporation by reference in Sec. 171.7 (Responds to petition for rulemaking P-1581). Revise the Sec. 172.101 HMT to correct an error in the transportation requirements for entries listed under the proper shipping name, ``Hydrazine Dicarbonic Acid Diazide.'' Revise the Sec. 172.101 HMT to remove the entry for ``Zinc ethyl, see Diethylzinc'' that was superseded by proper shipping names adopted in a previous rulemaking. Add the entries for ``Paint related material, flammable, corrosive (including paint thinning or reducing compound)'' UN3469, PG II, and PG III to the Sec. 172.101 HMT that were inadvertently omitted. Remove references to special provisions B72 and B74 in Sec. 172.102. Revise special provision 138 in Sec. 172.102 to clarify the lead solubility calculation used to classify a material as a Marine Pollutant. Revise the shipping paper requirements in Sec. 172.203(e) to permit the phrase ``Residue last contained'' to be placed before or after the basic shipping description sequence, or for rail shipments, directly preceding the proper shipping name in the basic shipping description sequence. Update the training recordkeeping requirements in Sec. 172.704 to specify that a hazmat employer must make hazmat employee training records available upon request, at a reasonable time and location, to an authorized official of the Department of Transportation or of an entity explicitly granted authority to enforce the HMR. Clarify that the material of trade exception in Sec. 173.6 may be used when transporting Division 2.1 and 2.2 gases in Dewar flasks. Clarify the lab pack provisions in Sec. 173.12 pertaining to temperature-controlled materials contained in a lab pack. Clarify the exceptions for external emergency self-closing valves on CTMVs in Sec. 173.33(g) to specify that external emergency self-closing valves on MC 338 cargo tanks containing cryogenic liquids may remain open during transportation. Correct an inadvertent deletion of the Sec. 173.62 packaging requirements for explosives. Incorporate special permit DOT SP-13556 into Sec. 173.134, to authorize the transportation by motor vehicle of certain regulated medical wastes, designated as sharps, in non-DOT specification containers fitted into wheeled racks. Revise the requirements for cargo air transport of alcoholic beverages Sec. 173.150 to harmonize with the ICAO TI. Clarify the exceptions in Sec. 173.159a for non-spillable batteries secured to skids or pallets. Correct regulatory citations in Sec. 178.2(c). Clarify the requirements for the Flame Penetration Resistance test specified for chemical oxygen generators and certain compressed gases in Appendix E to Part 178. Clarify the inspection record requirements in Sec. 180.416 for discharge systems of cargo tanks transporting liquefied compressed gases. [[Page 15306]] Designated Agents for Non-Residents Currently, Sec. 105.40 prescribes the requirements for designated agents for non-residents. In specific instances, such as the approval of fireworks manufactured by a foreign entity, the HMR require non- residents of the United States who perform hazmat operations within the United States to designate a permanent resident of the United States to act as an agent and receive documents on behalf of the non-resident. As specified in the HMR, non-residents of the United States must prepare a designation notification and file it with PHMSA in accordance with Sec. 105.40. The HMR only permit designated agent notification documents to be mailed to the Approvals and Permits Division, PHMSA, Attn: PHH-30, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue SE., Washington, DC 20590-0001, as specified in Sec. 105.40(d). Revising this requirement to allow an agent designation to be transmitted by electronic mail would provide greater regulatory flexibility and align the submission of these documents with the procedures currently in place for the submission of other documents required by PHMSA. In the April 26, 2012 NPRM, PHMSA proposed to amend Sec. 105.40(d) to permit agent designations to be submitted by electronic mail to the special permits or approvals office, as appropriate. The option to submit a completed agent designation to the Approvals and Permits Division by mail would remain unchanged. PHMSA received no comments on the proposed change to the requirements for designated agents for non-residents. Therefore, we are adopting these amendments to Sec. 105.40(d), as proposed in the NPRM. Molten Sulphur Tank Rail Car Guidance Document Section 171.7 lists all standards incorporated by reference into the HMR and informational materials not requiring incorporation by reference. The informational materials not requiring incorporation by reference are noted throughout the HMR and provide best practices and additional safety measures that are not mandatory but, may enhance safety and compliance. The Sulphur Institute (TSI) represents the sulfur industry in the United States on a variety of issues including the safe transportation of sulfur in commerce. TSI submitted petition P-1581 (Docket Number PHMSA-2007-28054) requesting that PHMSA incorporate by reference TSI's ``Molten Sulphur Tank Rail Car Guidance Document.'' This document provides best practices for the safe transport of molten sulfur in rail tank cars. TSI also requested that we amend Sec. 173.24(b)(4) to add the sentence ``Dried residue of molten sulfur on tank cars shall meet the `Molten Sulphur Rail Car Guidance Document' incorporated by reference in Sec. 171.7.'' In the NPRM published on April 26, 2012, PHMSA proposed to adopt ``Molten Sulphur Rail Tank Car Guidance'' in the list of informational materials not requiring incorporation by reference in Sec. 171.7(b). In addition, PHMSA proposed to revise the entries for ``Sulfur, Molten'' specified in the Sec. 172.101 HMT to reference special provision ``R1'' and add special provision ``R1'' to the R codes specified in Sec. 172.102(c)(6). This new special provision will recommend the use of the Molten Sulphur Rail Tank Car Guidance document when transporting ``Sulfur, Molten'' residues by rail; however, it will not make its use mandatory. PHMSA did not propose adding TSI's suggested language ``Dried residue of molten sulfur on tank cars shall meet the `Molten Sulphur Rail Car Guidance Document' incorporated by reference in Sec. 171.7'' to Sec. 173.24(b)(4). PHMSA received eight comments on the proposed addition of the ``Molten Sulphur Rail Tank Car Guidance'' to the list of informational materials not requiring incorporation by reference and subsequent addition of special provision ``R1.'' Seven of these comments expressed support: KOCH, Oxbow, PCS, TFI, Transammonia, TSI, and UTCC. KOCH, who ships more than 500,000 tons of sulfur annually; Oxbow, who ships over 13,000 railcars of molten sulfur annually; PCS who receives 1.6 million tons of sulfur annually; Transammonia, who ships over 2,500 railcars of molten sulfur annually; and UTCC, who provides the means of transporting sulfur in approximately 1,100 tank cars, note that they all assisted in developing this document and believe it will benefit carriers, government inspectors, and shippers by promoting safer handling practices. TFI, a national trade association representing fertilizer importers, producers, retailers and wholesalers, reiterates the comments of these companies. In addition to expressing support for the adoption of this document, one commenter, TSI, offers two minor editorial changes to the proposed regulatory text. Specifically, TSI requests PHMSA update the mailing address listed for TSI and that PHMSA revise the edition listed for the document. In contrast, the AAR, on behalf of itself and its member railroads, provided comments that strongly oppose the proposed amendment. AAR states its belief that the TSI guidance contradicts certain requirements specified in the HMR. Specifically, AAR notes that Sec. 173.24(b)(4) specifies ``there will be no hazardous materials residue adhering to the outside of a package during transport.'' Furthermore, Sec. 174.57 specifies ``all hazardous material which has leaked from a package in a rail car or on railroad property must be carefully removed.'' AAR states that Sec. Sec. 173.24(b)(4) and 174.57 appear to directly contradict the TSI guidance which permits residue on the outside of a rail car and only cautions against the presence of excessive residue. AAR notes that even small amounts of molten sulfur residue can generate significant concentrations of sulfur dioxide (SO 2 ), and sulfur trioxide (SO 3 ) which are both known eye and respiratory irritants, and hydrogen sulfide (H 2 S), which has demonstrated the ability to act as a nervous system toxin. Finally, AAR expresses concern that the presence of an ``acceptable'' level of molten sulfur residue on the outside of the rail car may cause emergency response actions when they are not necessary. PHMSA appreciates the comments received regarding this proposed amendment. PHMSA agrees with AAR that Sec. Sec. 173.24(b)(4) and 174.57 specify that no hazardous materials residue is permitted to adhere to the outside of a package during transport and that all hazardous material that has leaked from a package in a rail car or on railroad property must be carefully removed. However, PHMSA believes that minimal levels of sulfur residue on the outside of a rail tank car pose minimal transportation risk due to physical state, chemical properties, and amount. PHMSA also recognizes the difficulty in removing dried sulfur residue while in transportation. PHMSA does not dispute AAR's assertion that molten sulfur emits dangerous chemicals such H 2 S, SO 2 , and SO 3. However, as noted above, the dried, fully-cooled residue does not generate such concentrations of H 2 S, SO 2 , and SO 3 and poses little safety risk. To this end, PHMSA considers the ``Molten Sulphur Rail Tank Car Guidance'' to be a valuable tool for instances in which a minimal amount of residue remains on a tank car. AAR further comments that molten sulfur residue on the outside rail car [[Page 15307]] may cause emergency response actions when they are not necessary. Residue of molten sulfur could also pose a safety risk by obscuring valuable tank car markings, labels, and stencils as well as tank car safety appliance features, such as ladders. PHMSA believes that the ``Molten Sulphur Rail Tank Car Guidance'' provides information on when the cleaning and removing of this residue is necessary, thus decreasing the likelihood that the residue will obscure hazardous materials communication or safety features or result in unnecessary emergency response actions. PHMSA notes that the majority of comments for the adoption of the ``Molten Sulphur Rail Tank Car Guidance'' in the list of informational materials not requiring incorporation by reference in Sec. 171.7(b) were positive and believes this adoption would be beneficial to carriers, government inspectors, and shippers. PHMSA further emphasizes that recognition of this document would not impose any new requirements. Instead, it would be adopted into the list of informational materials not requiring incorporation by reference, and therefore, would be provided for guidance purposes only. Therefore, PHMSA is adopting these amendments to Sec. Sec. 171.7(b) and 172.102(c)(6) as proposed in the NPRM with the minor editorial changes identified by TSI. Hazardous Materials Table (HMT) Revisions The HMT in Sec. 172.101 contains information regarding the transport conditions, proper shipping name, hazard class and division, identification number, packing group, label codes, special provisions, authorized expectations, non-bulk, and bulk packagings, quantity limitations and vessel stowage requirements for hazardous materials. Accurate information in the HMT is essential for the safe shipment of hazardous materials by all modes. In the NPRM published on April 26, 2012, PHMSA proposed a number of revisions to the Sec. 172.101 HMT, and the special provisions specified in Sec. 172.102 to clarify the regulations, correct inadvertent errors, and improve the accuracy of the information contained in the HMT. The amendments to the Sec. 172.101 HMT proposed in the April 26, 2012 NPRM included: Remove the Packing Group II and III entries for the proper shipping name, ``Hydrazine dicarbonic acid diazide'' in the Sec. 172.101 HMT and clarify that Hydrazine dicarbonic acid diazide'' is forbidden. Remove the proper shipping name, ``Zinc ethyl, see Diethylzinc'' since ``UN1366 Diethylzinc'' is no longer listed in the Sec. 172.101 HMT. Individuals offering ``Zinc ethyl'' should choose one of the more appropriate generic entries for organometallic compounds and substances. Add the entries for ``Paint related material, flammable, corrosive (including paint thinning or reducing compound)'' UN3469, PG II, and PG III. Remove Special provision B72 from Column (7) for the following entries: [cir] UN2484 tert-Butyl isocyanate; [cir] UN3492 Toxic by inhalation liquid, corrosive, flammable, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m3 and saturated vapor concentration greater than or equal to 500 LC50; [cir] UN3488 Toxic by inhalation liquid, flammable, corrosive, n.o.s. with an LC50 lower than or equal to 200 ml/m3 and saturated vapor concentration greater than or equal to 500 LC50; and [cir] UN3490 Toxic by inhalation liquid, water-reactive, flammable, n.o.s. with an LC50 lower than or equal to 200 ml/m3 and saturated vapor concentration greater than or equal to 500 LC50. Remove Special provision B74 from Column (7) for the following entries: [cir] NA2927 Ethyl phosphonothioic dichloride, anhydrous; [cir] NA2845 Ethyl phosphonous dichloride, anhydrous pyrophoric liquid; [cir] NA2927 Ethyl phosphorodichloridate; [cir] NA2845 Methyl phosphonous dichloride, pyrophoric liquid; [cir] UN1831 Sulfuric acid, fuming with 30 percent or more free sulfur trioxide; [cir] UN3489 Toxic by inhalation liquid, flammable, corrosive, n.o.s. with an LC50 lower than or equal to 1000 ml/m3 and saturated vapor concentration greater than or equal to 10 LC50; and [cir] UN3491 Toxic by inhalation liquid, water-reactive, flammable, n.o.s. with an LC50 lower or equal to 1000 ml/m3 and saturated vapor concentration greater than or equal to 10 LC50. Revise the entries for ``Sulfur, Molten'' specified in the Sec. 172.101 HMT to reference special provision ``R1.'' PHMSA received nine comments on these proposed revisions. Specifically, ACA supported the proposed addition of inadvertently omitted entries for ``Paint related material, flammable, corrosive (including paint thinning or reducing compound)'' UN3469, PG II, and PG III. ACA noted it supports ``this proposed amendment and [is] pleased to see that this correction is being addressed.'' The eight other comments regarding these proposed revisions were related to the proposed revision of the entries for ``Sulfur, Molten'' specified in the Sec. 172.101 HMT to reference special provision ``R1.'' Those comments are addressed above in the section entitled Molten Sulphur Tank Rail Car Guidance Document. Based on the aforementioned discussion, revision of the entries for ``Sulfur, Molten'' specified in the Sec. 172.101 HMT to reference special provision ``R1'' will be adopted in this final rule. PHMSA did not receive any other comments on the proposed revisions to the Sec. 172.101 HMT as the revisions proposed in the April 26, 2012 NPRM were primarily editorial in nature or simply correcting inadvertent errors in the HMT. Therefore, based on the above comments and no opposition to any of the other editorial amendments, PHMSA is adopting these amendments to the Sec. 172.101 HMT as proposed in the NPRM. Special Provision Revisions The special provisions listed in column (7) of the Sec. 172.101 HMT contain packaging provisions, prohibitions, exceptions from requirements for particular quantities or forms of materials, and requirements or prohibitions applicable to specific modes of transportation. In the April 26, 2012 NPRM, PHMSA proposed revisions to the special provisions specified in Sec. 172.102 to clarify the regulations and correct inadvertent errors. The amendments to the special provisions contained in Sec. 172.102 proposed in the April 26, 2012 NPRM included: Add special provision ``R1'' to the R codes specified in Sec. 172.102(c)(6). This new special provision will reference the ``Molten Sulphur Rail Tank Car Guidance'' document as a resource for best practices for the cleaning of tank cars containing ``Sulfur, Molten'', where product has spilled and dried on the exterior surface of the tank car. Revise special provision 138 specified in Sec. 172.102(c)(1) to harmonize the HMR with the International Maritime Dangerous Goods (IMDG) code and to clarify that the solubility calculation provided in special provision 138 should be applied when determining when to use the ``lead compounds, soluble n.o.s.'' entry in the List of Marine Pollutants found in Sec. 172.101, Appendix B. PHMSA received nine comments on these proposed amendments. Eight of those comments are related to the proposed addition of special provision R1 and are addressed above in the section entitled Molten Sulphur Tank [[Page 15308]] Rail Car Guidance Document. Based on those comments special provision R1 specified in Sec. 172.102 will be adopted in this final rule. PHMSA received one comment on the proposed revision of special provision 138 specified in Sec. 172.102. In its comment, IVODGA supports the proposed amendment which revises special provision 138 to clarify the solubility calculations to be used for classification and identification of lead compounds and to harmonize the HMR provisions with the IMDG Code SP 199. Specifically, IVODGA welcomes the corrections to the Sec. 172.101 HMT to include the provisions of HM- 215 rulemakings which maintain alignment with the international standards for the listed proper shipping names, hazard classes, packing groups, special provisions, and vessel stowage requirements. PHMSA did not receive any adverse comments to this proposed amendments, and is adopting the revision of special provision 138 specified in Sec. 172.102 as proposed in the NPRM. Shipping Paper Requirements for Rail Shipments of Residues On December 29, 2006, PHMSA published a final rule under PHMSA-06- 25476 (HM-215I) [71 FR 78595] that permitted the continued use, for domestic shipments, of either one of two shipping description sequences in effect in the HMR on December 31, 2006, until January 1, 2013. Specifically, the HMR authorize the basic description of a hazardous material to consist of either the identification number first, followed by the proper shipping name, hazard class, and packing group, or as an alternative description sequence, the proper shipping name, hazard class, ID number and packing group. In addition, the basic description described above and specified in paragraphs Sec. 172.202(a)(1)-(4) must be shown in the sequences described with no additional information interspersed. After January 1, 2013, only the basic shipping description sequence consisting of the identification number first, followed by the proper shipping name, hazard class, and packing group (in that order) is authorized. However, Sec. 172.203 provides allowances for a shipping paper to contain information in addition to the basic shipping description specified in Sec. 172.202. Specifically, Sec. 172.203(e)(1) permits that the shipping paper for a packaging containing the residue of a hazardous material may include the words ``RESIDUE: LAST CONTAINED * * *'' in association with the basic description of the hazardous material last contained in the packaging. Further, the shipping papers for tank cars containing the residue of a hazardous material must include the phrase, ``RESIDUE: LAST CONTAINED * * *'' before the basic description. While the HMR provide a general provision, various international standards provide more specific guidance on the location of this phrase. Currently, the ICAO TI, IMDG Code, and UN Model Regulations require this phrase, if used, to be placed either before or after the basic shipping description. In the NPRM published on April 26, 2012, PHMSA proposed to revise Sec. 172.203(e)(1) to permit the shipping paper for a packaging containing the residue of a hazardous material to include the words ``RESIDUE: LAST CONTAINED * * *'' before or after the basic shipping description of the hazardous material last contained in the packaging. PHMSA also proposed to remove the language ``in association with'' and replace it with the language ``before or after'' to align with various international standards. This proposed revision would harmonize the HMR with the ICAO TI, IMDG Code and UN Model Regulations. For rail shipments of tank cars, Sec. 172.203(e)(2) requires that the description on the shipping paper for a tank car containing the residue of a hazardous material must include the phrase, ``RESIDUE: LAST CONTAINED * * *'' before the basic description. Prior to the publication of the HM-215I final rule, the proper shipping name was the first piece of information required in the basic shipping description, and therefore, the phrase, ``RESIDUE: LAST CONTAINED * * *'' preceded the proper shipping name. Effective January 1, 2013, rail shipments coming from Canada to the United States will be unable to comply with both the current requirements in the HMR for rail tank cars and the Transportation of Dangerous Goods (TDG) requirements. As stated above, after January 1, 2013, the proper shipping name will no longer be permitted to be the first piece of shipping information in the basic shipping description. Subsequently, the phrase, ``RESIDUE: LAST CONTAINED * * *'' will no longer immediately precede the proper shipping name. Furthermore the phrase, ``RESIDUE: LAST CONTAINED * * *'' may not be inserted into the basic description, as Sec. 172.202(b) specifies the basic shipping description may not contain any additional information interspersed in the sequence described in Sec. 172.202(a). Canada's TDG regulations currently permit a residue of hazardous material to be described as ``Residue--Last Contained'' or ``R[eacute]sidu--dernier contenu,'' followed by the shipping name of the dangerous goods last contained in the means of containment. To address this issue, in the April 26, 2012 NPRM, PHMSA proposed to revise Sec. 172.203(e)(2) to require the description on the shipping paper for a tank car containing the residue of a hazardous material to include the phrase, ``RESIDUE: LAST CONTAINED * * *'' before or after the basic shipping description, or immediately preceding the proper shipping name. PHMSA received one comment on this proposed amendment. IVODGA welcomes the amendment and notes that an equivalent international standard of the IMDG Code Amendment 35-10, section 5.4.1.4.3.2 requires empty uncleaned packagings, IBCs, bulk containers, portable tanks, road tank vehicles and railway tank wagons that contain the residue of dangerous goods other than Class 7 to be described by entering the words ``empty uncleaned'' or ``residue last contained'' before or after the required basic description. IVOGDA acknowledges that Sec. 171.22 already authorizes the offering for transportation and transporting hazardous materials in accordance with the IMDG Code. However, it also notes that the inconsistency of the terminology used on shipping documents and the sequence of information is an issue for trans-modal shipments. To further harmonize the HMR with the UN Model Regulations as adopted in the IMDG Code as well as other modal specific codes, in addition to the amendments proposed in the April 26, 2012 NPRM, IVODGA suggests that PHMSA consider revising the proposed text to permit the use of either term ``empty uncleaned'' or ``residue last contained'' as either option adequately communicates the hazard. PHMSA appreciates IVODGA's support of this amendment as well as its clarifying suggestion with regard to the shipping paper requirements for empty packagings. As IVOGDA correctly acknowledges, Sec. 171.22 already authorizes the offering for transportation and transporting hazardous materials in accordance with the IMDG Code and thus the use of the term ``empty unclean.'' As the proposals in the April 26, 2012 NPRM did not specifically address the language ``empty uncleaned'' and the HMR currently permits the use of a shipping paper in accordance with the IMDG code under Sec. 171.22, PHMSA will not specifically add the term ``empty uncleaned'' to Sec. Sec. 172.203(e)(1) and 172.203(e)(2). We are, however, adopting the amendments [[Page 15309]] to Sec. Sec. 172.203(e)(1) and 172.203(e)(2) as proposed in the NPRM. Training Record Requirements The requirements for hazardous materials training are specified in Sec. 172.704. This section includes a description of the applicability for hazardous materials training, the necessary components of a training program, and the recurrent training and recordkeeping requirements. Current
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