{"operation":"document","citation":"79 FR 15033","title":"Hazardous Materials: Adoption of Certain Special Permits and Competent Authorities Into Regulations","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2014-03-18","effective_on":"2014-04-17","summary":"The Pipeline and Hazardous Materials Safety Administration is amending the Hazardous Materials Regulations (HMR) to adopt provisions contained in certain widely used or longstanding special permits and certain competent authority approvals (\"approvals\") that have established safety records. Special permits allow a company or individual to package or ship a hazardous material in a manner that varies from the regulations provided an equivalent level of safety is maintained. An approval is a written consent (document) required under an international standard (i.e., International Maritime Dangerous Goods (IMDG) Code, International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI)), or is specifically provided for in the HMR, and is issued by the Associate Administrator for Hazardous Materials Safety. These revisions are intended to provide wider access to the regulatory flexibility offered in special permits and approvals and eliminate the need for numerous renewal requests, reducing paperwork burdens and facilitating commerce while maintaining an appropriate level of safety.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2014-05630.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2014-05630.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2014-05630","source_url":"https://www.federalregister.gov/documents/2014/03/18/2014-05630/hazardous-materials-adoption-of-certain-special-permits-and-competent-authorities-into-regulations","body":"Federal Register, Volume 79 Issue 52 (Tuesday, March 18, 2014) [Federal Register Volume 79, Number 52 (Tuesday, March 18, 2014)] [Rules and Regulations] [Pages 15033-15046] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2014-05630] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 107, 171, 172, 173, 175 and 178 [Docket No. PHMSA-2011-0158 (HM-233C)] RIN 2137-AE82 Hazardous Materials: Adoption of Certain Special Permits and Competent Authorities Into Regulations AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Pipeline and Hazardous Materials Safety Administration is amending the Hazardous Materials Regulations (HMR) to adopt provisions contained in certain widely used or longstanding special permits and certain competent authority approvals (``approvals'') that have established safety records. Special permits allow a company or individual to package or ship a hazardous material in a manner that varies from the regulations provided an equivalent level of safety is maintained. An approval is a written consent (document) required under an international standard (i.e., International Maritime Dangerous Goods (IMDG) Code, International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI)), or is specifically provided for in the HMR, and is issued by the Associate Administrator for Hazardous Materials Safety. These revisions are intended to provide wider access to the regulatory flexibility offered in special permits and approvals and eliminate the need for numerous renewal requests, reducing paperwork burdens and facilitating commerce while maintaining an appropriate level of safety. DATES: This regulation is effective April 17, 2014. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of April 17, 2014. FOR FURTHER INFORMATION CONTACT: Steven Andrews, Office of Hazardous Materials Safety, Standards and Rulemaking Division, (202) 366-8553, or, Diane LaValle, Office of Hazardous Materials Safety, Approvals and Permits Division, (202) 366-4535, Pipeline and Hazardous Materials Safety Administration (PHMSA), 1200 New Jersey Avenue SE., Washington, DC 20590. SUPPLEMENTARY INFORMATION: I. Executive Summary II. Background III. Overview of Amendments IV. List of Commenters V. Regulatory Analyses and Notices I. Executive Summary PHMSA is amending the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to adopt several long standing special permits and competent authority approvals into the HMR. The identified special permits and competent authority approvals have a long history of safety. Special permits allow a company or individual to package or ship a hazardous material in a manner that varies from the HMR provided an equivalent level of safety is maintained. A competent authority (CA) approval is a written consent (document) required under an international standard (i.e., International Maritime Dangerous Goods (IMDG) Code or International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI)) and is issued by the Associate Administrator for Hazardous Materials Safety. In 2009, an audit of the Special Permits program by the Office of the Inspector General identified a need for an ongoing review of all open special permits with an outlook towards identifying those that should be made part of the HMR to reduce the overall economic burden to both affected industry and the government. Three rulemakings, HM-233A; PHMSA-2009-0289 (75 FR 27205), HM-245; PHMSA-2010-0017 (76 FR 5483), and HM-216B; PHMSA-2010-0018 (77 FR 37962) have successfully codified certain special permits into the HMR. These revisions provide wider access to the regulatory flexibility offered in special permits and eliminate the need for numerous renewal requests, thus reducing paperwork burdens and facilitating commerce while maintaining an appropriate level of safety. This Final Rule, HM-233C, continues this initiative by adopting several other long-standing special permits and competent authority approvals with proven safety records into the HMR. The special permits affected by the final rule represent variances from current regulations on topics categorized as follows: Limited quantities of liquids and solids containing ethyl alcohol. Transportation of solid coal tar pitch compounds. Transportation of certain ammonia solutions in UN1H1 and UN6HA1 drums. Transportation of spent bleaching earth. Requalification of non-DOT specification cylinders in life-saving appliances. Use of regulated medical waste containers displaying alternative markings. Adoption of special permits to harmonize with FAA Modernization and Reform Act of 2012. The economic impact of the final rule can thus be summarized as follows: NET COST: $0. Currently, industry must apply for a special permit in order to ship materials as described in this final rule. Adoption of these special permits into the HMR will reduce the burden on industry by no longer requiring industry to apply for a special permit to ship these materials. Therefore, this final rule does not impose any new costs to industry. NET BENEFITS: $9,900 per year. (Averaged over 10 years, at a 7% annual discount rate.) In addition to general positive economic impacts noted above, this final rule will eliminate the need for [[Page 15034]] numerous party-to applications and renewal requests. PHMSA estimates that the adoption of these special permits and competent authority approvals will result in 140 fewer responses per year. II. Background PHMSA is amending the HMR to adopt certain requirements based on existing special permits (SPs) issued by PHMSA under 49 CFR Part 107, Subpart B (Sec. Sec. 107.101 to 107.127) and certain approvals issued under 49 CFR Part 107, Subpart D (Sec. Sec. 107.401 to 107.405). A special permit sets forth alternative requirements--or a variance--to the requirements in the HMR in a way that achieves a safety level at least equal to the safety level required under the regulations or that is consistent with the public interest. See 49 CFR 107.105(d). Congress expressly authorized DOT to issue these variances in the Hazardous Materials Transportation Act (US Code: 49 U.S.C. 5109-5127) as amended. An approval is a written consent (document) required under an international standard (i.e., IMDG Code, ICAO TI), or is authorized in a specific section of the HMR and is issued by the Associate Administrator for Hazardous Materials Safety. Special Permits The HMR generally are performance-oriented regulations, which provide the regulated community with some flexibility in meeting safety requirements. Even so, not every transportation situation can be anticipated and built into the regulations. Innovation is the strength of our economy and the hazardous materials community is a leader in developing new materials and technologies and innovative ways of moving materials. Special permits enable the hazardous materials industry to quickly, effectively, and safely integrate new products and technologies into production and the transportation stream. Thus, special permits provide a mechanism for testing new technologies, promoting increased transportation efficiency and productivity, and ensuring global competitiveness. Hazardous materials transported under the terms of a special permit must achieve a level of safety at least equal to the level of safety achieved when transported under the HMR or that is consistent with the public interest. Implementation of new technologies and operational techniques may enhance safety. Special permits also reduce the volume and complexity of the HMR by addressing unique or infrequent transportation situations that would be difficult to accommodate in regulations intended for use by a wide range of shippers and carriers. PHMSA conducts ongoing reviews of special permits to identify widely used and longstanding special permits with established safety records for conversion into regulations of broader applicability. Converting these special permits into regulations reduces paperwork burdens and facilitates commerce while maintaining an acceptable level of safety. Additionally, adoption of special permits as rules of general applicability provides wider access to the benefits and regulatory flexibility of the provisions granted in the special permits. Factors that influence whether or not a specific special permit is a candidate for regulatory action include: the safety record for hazardous materials transported or operations conducted under a special permit; potential broad application of a special permit; suitability of provisions in the special permit for adoption into the HMR; rulemaking activity in related areas; and agency priorities. During PHMSA's analysis of the suitability for adoption of each special permit, PHMSA performed a search of incident reports from the previous 10 years to determine whether there were any safety issues related to each special permit. The special permits addressed in this final rule have hundreds of party status holders. Party status is granted to a person who intends to offer for transportation or transport a hazardous material or perform an activity subject to the HMR in the same manner as the original applicant. These amendments to the HMR will eliminate the need for approximately 464 current holders to reapply for renewal of 20 special permits. Adoption of special permits into the HMR eliminates significant paperwork burdens. As a condition of a special permit issued by PHMSA and depending on the provisions of the special permit, a copy of each special permit must be: (1) maintained at each facility where an operation is conducted or a packaging is manufactured under a special permit; (2) maintained at each facility where a package is offered or re-offered for transportation under a special permit; and (3) in some cases, carried aboard each transport vehicle used to transport a hazardous material under a special permit. Competent Authority Approvals The HMR also allows for PHMSA to grant approvals to companies or organizations for the manufacturing of packages in accordance with the HMR. PHMSA has identified approvals that have an established safety record to adopt into the HMR. The approvals PHMSA identified for conversion into the HMR have an established safety record and warrant adoption into regulations of broader applicability. Converting these approvals into regulations reduces paperwork burdens and facilitates commerce while maintaining an acceptable level of safety. A copy of each approval must be maintained at each facility where a packaging is manufactured under this approval. The adoption of component authority approvals eliminates the renewal and maintenance requirements that were previously required. Additionally, adoption of approvals as rules of general applicability provides wider access to the benefits and regulatory flexibility of the provisions granted in the approvals. Factors that influence whether a specific approval is a candidate for regulatory action include: the safety record, whether broadly applicable, related rulemakings, and agency priorities. Part 171 Section 171.7 Section 171.7 provides a listing of all standards incorporated by reference into the HMR. For this rulemaking, PHMSA is revising the entry for the Compressed Gas Association (CGA) Pamphlet C-6, Standards for Visual Inspection of Steel Compressed Gas Cylinders, 1993 to add a reference to Sec. 172.102, (Special Provisions). This standard has a well-established and documented safety history; its revision will maintain the high safety standard currently achieved under the HMR. III. Overview of Amendments PHMSA would like to note that SP 13124 was accidently mentioned in this section in the NPRM. It was not PHMSA's intention to mention this special permit in this rulemaking. Special permit 13124 is no longer needed based on a final rule published in the Federal Register on October 1, 2003 [68 FR 44992] under docket number RSPA-2002-13658 (HM- 215E). The special permits and competent authorities mentioned in this rulemaking are available for viewing on PHMSA's Web site at http://phmsa.dot.gov/hazmat/permits-approvals . In this Final Rule, PHMSA is revising the HMR by adopting the following special permits and competent authority approvals: Special Permits DOT-SP 9275--Authorization for the transportation in commerce of certain limited quantities of liquids and [[Page 15035]] solids containing ethyl alcohol and exempt these shipments from the provisions of the HMR. PHMSA is modifying this adoption to limit containers using this exception to 8 fluid ounces and eliminating the need for marking the words ``contains ethyl alcohol on the package.'' Packages shipping between 8 fluid ounces and 1 gallon under this section are required to place the words ``contains ethyl alcohol'' on the package. DOT-SP 11263--Authorization for the transportation of Class 9 solid coal pitch compounds in non-specification open-top or closed-top sift proof metal cans or fiber drums. DOT-SP 11836--Authorization for the transportation in commerce of UN1H1 and UN6HA1 drums containing ammonia solutions that do not meet certain requirements contained in Sec. Sec. 173.24 and 173.24a. DOT-SP 12134--Authorization of exceptions for spent bleaching earth (Division 4.2 PG III) DOT-SP 12825--Authorization to transport Life-saving appliances, self-inflating, containing non-specification steel cylinders between a vessel and an authorized facility for servicing. DOT-SP 14479--Authorization for the use of alternative shipping names and marking requirements for regulated medical wastes. Special Permits for Harmonization with the ``FAA Modernization and Reform Act of 2012''--PHMSA is adding an exception to the HMR for Oxygen cylinders and other Oxidizing cylinders transported aboard aircraft within the state of Alaska. This language will make several existing special permits no longer necessary. This includes the following special permits: 14903, 14908, 15062, 15075, 15076, 15077, 15078, 15079, 15092, 15094, 15095, and 15143. Approvals CA2005120010--Authorization to manufacture, mark, and sell UN4G combination packagings with outer fiberboard boxes and with inner fiberboard components that have basis weights that vary by not more than plus or minus 5% from the measured basis weight in the initial design qualification test report. CA20060660005--Authorization to manufacture, mark, and sell UN5M1 and UN5M2 multi-wall paper bags with individual paper wall basis weights that vary by plus or minus 5% from the nominal basis weights reported in the initial design qualification test report. CA2006060006--Authorization to manufacture, mark, and sell UN4G combination packagings with outer fiberboard components that have individual containerboard basis weights that vary by plus or minus 5% from the nominal basis weight reported in the initial design. CA2006010012--Authorization to manufacture, mark, and sell UN4G combination packagings with outer fiberboard boxes and with inner fiberboard components that have individual containerboard basis weight that vary by plus or minus 5% from the nominal basis weight reported in the initial design qualification test report. Revision to Approvals Renewals PHMSA is revising this section to allow for approval holders applying for a timely renewal to continue using their approval after the expiration date if they apply within 60 days of the expiration dates. IV. List of Commenters In response to the NPRM, PHMSA received 36 comments. A majority of these commenters were in support of the Fibre Box Associations comments to increase the packaging variation of +/- 5% to +/- 10%. Other commenters mostly supported modifying the proposed adoption of SP 9275 to not include the requirement to mark packages with ``contains ethyl alcohol.'' The commenters and the docket number were the comments are located are listed below: ------------------------------------------------------------------------ Commenter Docket ID No. ------------------------------------------------------------------------ American Trucking Association PHMSA-2011-0158-0019 (ATA). Association of Hazmat Shippers... PHMSA-2011-0158-0031 Atlas Container.................. PHMSA-2011-0158-0037 Batavia Container, Inc........... PHMSA-2011-0158-0012 Bates Container.................. PHMSA-2011-0158-0011 Bemis Company.................... PHMSA-2011-0158-0034 California Box................... PHMSA-2011-0158-0025 Council on Safe Transportation of PHMSA-2011-0158-0029 Hazardous Articles, Inc. Dangerous Goods Advisory Council. PHMSA-2011-0158-0030 Exopack, LLC..................... PHMSA-2011-0158-0009 Fibre Box Association............ PHMSA-2011-0158-0004 Georgia Pacific.................. PHMSA-2011-0158-0022 Great Northern Corporation....... PHMSA-2011-0158-0006 Green Bay Packaging.............. PHMSA-2011-0158-0008 Greif, LLC....................... PHMSA-2011-0158-0017 Healthcare Waste Institute....... PHMSA-2011-0158-0028 Hood Packaging Corporation....... PHMSA-2011-0158-0014 International Paper.............. PHMSA-2011-0158-0010 International Vessel Operators PHMSA-2011-0158-0026 Dangerous Goods Association Inc (IVODGA). Langston Companies, Inc.......... PHMSA-2011-0158-0036 Lawrence Paper Company........... PHMSA-2011-0158-0015 Lonnie Jaycox.................... PHMSA-2011-0158-0002 Mall City Containers............. PHMSA-2011-0158-0021 National Association of Chemical PHMSA-2011-0158-0032 Distributors. Niagara Sheets LLC............... PHMSA-2011-0158-0027 Norampac......................... PHMSA-2011-0158-0020 Packaging Corporation of America. PHMSA-2011-0158-0024 Packaging Services............... PHMSA-2011-0158-0005 Paper Shipping Sack PHMSA-2011-0158-0018 Manufacturers' Association (PSSMA). Porto Packaging.................. PHMSA-2011-0158-0016 Pro-Pack Testing................. PHMSA-2011-0158-0007 SMC Packaging Group.............. PHMSA-2011-0158-0023 Stericycle, Inc.................. PHMSA-2011-0158-0003 United Parcel Service (UPS)...... PHMSA-2011-0158-0033 [[Page 15036]] Viking Industries, Inc........... PHMSA-2011-0158-0013 Werthan Packaging Inc............ PHMSA-2011-0158-0035 ------------------------------------------------------------------------ V. Summary Review of Amendments and Response to Comments A. Consumer Products Containing Liquids and Solids Containing Ethyl Alcohol DOT-SP 9275 authorizes the transportation in commerce of certain beverages, foods, cosmetics, medicines, medical screening solutions and concentrates containing ethyl alcohol and exempts these shipments from the provisions of HMR. This special permit has been in effect since at least 1985 and had been utilized by hundreds of companies. However, on August 18, 2011 PHMSA found that SP 9275 did not provide a level of safety at least equivalent to the HMR due to the lack of hazard communications markings. This was discovered during PHMSA's review of all special permits as required by the DOT Office of the Inspector General (OIG) to ensure all special permits met an equivalent level of safety. PHMSA issued a revised version of SP 9275 to address the lack of hazard communication markings on August 18, 2011. In response to the NPRM, PHMSA received several comments on how to adopt this special permit. Several commenters opposed the requirement for the shipments under the proposed section to require the words ``contains ethyl alcohol'' on the outside of the package. After careful consideration of these comments, PHMSA is adopting the special permit without requiring the words ``contains ethyl alcohol'' for shipments of ethyl alcohol in quantities not exceeding 8 fluid ounces in glass containers and not exceeding 16 fluid ounces in non-glass containers. For shipments of ethyl alcohol (not more than 70% concentration) in quantities greater than 8 fluid ounces in glass containers and greater than 16 ounces in non-glass containers, the words ``contains ethyl alcohol'' are required on the outside of the package. Shipments of ethyl alcohol in quantities of 8 ounces or less are not required to be marked with the words `contains ethyl alcohol'.'' (This would apply to both greater than and less than 70% concentration.) Therefore, PHMSA is adopting the terms of SP 9275 as revised on August 18, 2011 with modification. PHMSA is adopting this special permit to allow certain limited quantities of ethyl alcohol to be excepted from the applicable provisions of the HMR that require the packages to be marked with the words ``Contains Ethyl Alcohol.'' PHMSA is adding Sec. 173.150(g) to allow for the shipment of limited quantities of ethyl alcohol of not exceeding 8 fluid ounces in glass containers and not exceeding 16 fluid ounces for non-glass containers without the term ``contains ethyl alcohol'' marked on the outside of the package. Packages containing 8 fluid ounces to 1 gallon shipped under this section require the marking ``contains ethyl alcohol'' on the outside of the package. B. Transportation of Solid Coal Tar Pitch Compounds. DOT-SP 11263 authorizes the transportation of solid coal tar pitch compounds, Class 9, in open-top and closed-top sift-proof metal cans or fiber drums. The special permit has been in effect since 1994 and has been utilized by 5 holders with an acceptable safety performance. In addition, PHMSA has no reported incidents over the past 10 years involving this special permit. The American Trucking Association (ATA) supports adoption of this special permit in response to the NPRM. PHMSA received no negative comments regarding this special permit in the NPRM. Therefore, PHMSA is adopting the terms of DOT-SP 11263 into the HMR by amending the entry in Sec. 172.101, The Hazardous Materials Table (HMT), for Environmentally hazardous substances, solids, n.o.s., UN 3077, by adding a new Special Provision N91 in Column 7. In addition, in Sec. 172.102 new Special Provision N91 is added in appropriate sequence specifically authorizing the use of a non-DOT specification sift-proof, non-bulk, metal can with or without lid, or a non-DOT specification sift-proof, non-bulk fiber drum, with or without lid. The fiber drum is required to be fabricated with a three ply wall, as a minimum. The coal tar pitch compound must remain in a solid mass during transportation. C. Transportation of Certain Ammonia Solutions in UN1H1 Drums, UN3H1 Jerricans, and UN6HA1 Composite Packagings DOT-SP 11836 authorizes the transportation of specific ammonia solutions in specification UN1H1 drums, UN3H1 jerricans, and UN6HA1 composite packagings that do not meet the provisions in Sec. Sec. 173.24(g) and 173.24a(b)(2). Specific operational controls are required in lieu of compliance with these two requirements. This special permit has been in effect since 1997 and has been utilized by at least 61 holders with an acceptable safety performance. In addition, PHMSA has no reported incidents over the past 10 years involving this special permit. American Trucking Association (ATA) supports adoption of this special permit in response to the NPRM. The National Association of Chemical Distributors supports adoption of this special permit into the HMR. PHMSA received no negative comments regarding this special permit in the NPRM. Therefore, PHMSA is adopting the terms of DOT-SP 11836 into the HMR by amending the entry in the HMT for ``Ammonia solutions, relative density between 0.880 and 0.957 at 15 degrees C in water, with more than 10 percent but not more than 35 percent ammonia, UN 2672'', by adding a new Special Provision 336 in Column 7. In addition, in Sec. 172.102 new Special Provision 336 is added in appropriate sequence specifically authorizing the use of DOT UN1H1 drums, UN3H1 jerricans, and UN6HA1 composite packagings which meet the requirements of Part 178 of the HMR at the Packing Group I or II performance level except that the packagings do not meet the venting requirements in Sec. 173.24(g) and the hydrostatic pressure test marking specified in Sec. 173.24a(b)(4). Transportation of these packages also requires the door of each van trailer to be marked with ``Warning trailer may contain chemical vapor. Do not enter until vapors have dissipated.'' The driver of the transport vehicle and the consignee(s) must be trained not to enter the transport vehicle until the ammonia vapors have dissipated, and the emergency response information on the hazardous materials shipping paper must indicate that the vehicle may contain ammonia vapors. D. Transportation of Spent Bleaching Earth DOT-SP 12134 authorizes the transportation of spent bleaching earth as a Division 4.2, solid, PG III, exempt from the provisions of the HMR, except as specifically required by the special permit. Packagings authorized under the [[Page 15037]] special permit are non-specification, sift-proof dump or hopper type vehicles, and sift-proof roll-on/roll-off bulk bins. All authorized packaging must be covered by a tarpaulin, metal cover, or equivalent means during transportation. The special permit also includes specific operational controls, including: the temperature of the spent bleaching earth may not exceed 55 [deg]C at the time it is offered for transportation and any time during transportation; drivers must be specifically trained in handling and responding to emergency incidents involving the spent bleaching earth; and transport vehicles must be marked in accordance with Sec. 172.302(a). This special permit has been in effect since 1999 and has been utilized by at least 27 holders with an acceptable safety performance. In addition, PHMSA has no reported incidents over the past 10 years involving this special permit. PHMSA received no comments regarding this special permit in the NPRM. Therefore, PHMSA is adopting the terms of DOT-SP 12134 into the HMR by amending the entry in the HMT for ``self-heating solid, organic, n.o.s. (spent bleaching earth), UN 3088'', by adding a new Special Provision, B116 in Column 7. In addition, in Sec. 172.102 new Special Provision B116 is added in appropriate sequence specifically authorizing the use of non-specification, sift-proof dump or hopper type motor vehicles, and sift-proof roll-on/roll-off bulk bins, which must be covered by a tarpaulin, metal cover, or equivalent means. The material also is subject to operational controls, including not exceeding a temperature of 55[deg]C (130 [deg]F) during transportation, not exceeding a transportation time of 24 hours, and drivers transporting spent bleaching earth must be trained in the properties and hazards of the spent bleaching earth and the actions required to mitigate the self-heating properties of the material that may occur during the transportation. E. Requalification of non-DOT Specification Cylinders in Life-Saving Appliances DOT-SP 12825 authorizes the transport between a vessel and a U.S. Coast Guard approved inflatable life raft servicing facility of life- saving appliances, self- inflating, containing non-DOT specification steel cylinders for the purpose of the servicing of such life-saving appliances. Specific operational controls are specified in the below listed Special Provision. This special permit has been in effect since 2001 and has been utilized by at least 54 holders with acceptable safety performance. In addition, PHMSA has no reported incidents since 2001 involving this special permit. PHMSA received a comment from the International Vessel Operators Dangerous Goods Association, Inc. (IVODGA) supporting adoption of SP 12825 into the HMR. PHMSA did not receive any negative comments in response to the NPRM. Therefore, PHMSA is adopting the terms of DOT-SP 12825 into the HMR by revising the entry in the HMT for Life-saving appliances, self- inflating, UN 2990, by adding a new Special Provision 338 in Column 7. In addition, in Sec. 172.102, new Special Provision 338 is added in appropriate sequence requiring that Life-saving appliances, self- inflating, UN 2990 being shipped between a vessel and a U.S. Coast Guard approved life raft servicing facility only be subject to the requirements of this special provision. A material meeting the requirements of this special provision is not otherwise be subject to the HMR. F. Use of Regulated Medical Waste Containers Displaying Alternative Markings DOT-SP 14479 authorizes the continued use of regulated medical waste containers manufactured before October 1, 2006 and marked with an alternative shipping name for UN 3291, ``Regulated medical waste, n.o.s.'' It also allows for orientation arrows that deviate from the prescribed color specification in the HMR. This special permit has been in effect since 2007 and has been utilized by at least 22 holders. In addition, PHMSA has no reported incidents since 2007 involving this special permit. PHMSA received comments from the Healthcare Waste Institute and Stericycle Inc. supporting adoption of this special permit. PHMSA received no negative comments regarding adoption of this special permit. Therefore, PHMSA is adopting the terms of DOT-SP 14479 into the HMR by amending the entry in the HMT for Regulated Medical Waste, n.o.s., UN 3088, by adding a new Special Provision, 337 in Column 7. Special Provision 337 allows for the use of regulated waste containers marked with the alternative shipping name of Regulated medical waste, UN3291 and black or white orientation arrows that deviate from the prescribed specifications in Sec. 172.312(a)(2). G. Adoption of Oxygen Generator Special Permits to Harmonize With FAA Modernization and Reform Act of 2012 Section 824 of the FAA Modernization and Reform Act of 2012 includes a provision that allows for exceptions for cylinders of compressed oxygen or other oxidizing gases transported in the State of Alaska aboard aircraft. By adopting this statutory exception into the HMR, the following special permits will no longer be necessary: 14903, 14908, 15062, 15075, 15076, 15077, 15078, 15079, 15092, 15094, 15095, and 15143. These special permits all provide exceptions for the transportation of Oxygen and other Division 2.2 Oxidizing gases for transportation aboard aircraft in the State of Alaska. PHMSA received no comments regarding this special permit in the NPRM. Therefore, PHSMA is adopting the terms of these special permits in Sec. 175.34. H. Competent Authority CA2005120010 for Approval of Equivalent Packagings This approval authorizes the manufacturing, marking, and selling of UN4G combination packagings with outer fiberboard boxes and with inner fiberboard components that have basis weights that vary by not more than plus or minus 5% from the measured basis weight in the initial design qualification test report. This approval was issued in 2009 and has demonstrated an acceptable safety performance. PHMSA has no reported incidents involving this approval. PHMSA received several comments in support of comments made by the Fibre Box Association to increase the variation from plus or minus 5% to plus or minus 10%. However, PHMSA does not have the historical data to support an increase in this variation to plus or minus 10%. Therefore, PHMSA is adopting the terms of CA2005120010 as proposed into the HMR in Sec. 178.516(b)(7). I. Competent Authority CA2006060005 for Approval of Equivalent Packagings This approval authorizes the manufacture, mark, and sale of UN5M1 and UN5M2 multi-wall paper bags with individual paper wall basis weights that vary by not more than plus or minus 5% from the nominal basis weights reported in the initial design qualification test report. This approval was issued in 2009 and has demonstrated an acceptable safety performance. PHMSA has no reported incidents involving this approval. PHMSA received several comments in support of comments made by the Fibre Box Association to increase the variation from plus or [[Page 15038]] minus 5% to plus or minus 10%. However, PHMSA does not have the historical data to support an increase in this variation to plus or minus 10%. Therefore, PHMSA is adopting the terms of CA2006060005 in Sec. 178.521(b)(4). J. Competent Authority CA2006060006 for Approval of Equivalent Packagings This approval authorizes the manufacture, mark, and sale of UN4G combination packagings with outer fiberboard components that have individual containerboard basis weights that vary by not more than plus or minus 5% from the nominal basis weight reported in the initial design. This approval was issued in 2009 and has demonstrated an acceptable safety performance. PHMSA received several comments in support of comments made by the Fibre Box Association to increase the variation from plus or minus 5% to plus or minus 10%. However, PHMSA does not have the historical data to support an increase in this variation to plus or minus 10%. Therefore, PHMSA is adopting the terms of CA2006060006 in Sec. 178.516(b)(7). K. Competent Authority CA2006010012 for Approval of Equivalent Packagings This competent authority authorizes the manufacture, mark, and sale of UN4G combination packagings with outer fiberboard boxes and with inner fiberboard components that have individual containerboard basis weight that vary by not more than plus or minus 5% from the nominal basis weight reported in the initial design qualification test report. This approval was issued in 2006 and has demonstrated an acceptable safety performance. PHMSA received several comments in support of comments made by the Fibre Box Association to increase the variation from plus or minus 5% to plus or minus 10%. However, PHMSA does not have the historical data to support an increase in this variation to plus or minus 10%. Therefore, PHMSA is adopting the terms of CA2006010012 in Sec. 178.516(b)(7). L. Revision of Sec. 107.705(c) for Renewing Approvals PHMSA is revising this section to allow approval holders applying for a renewal to continue using their approval after the expiration date if they apply at least 60 days before the expiration date. PHMSA did not receive any comments on this proposal and, therefore, it will be adopted as proposed in the NPRM. V. Rulemaking Analyses and Notices A. Statutory/Legal Authority for This Rulemaking This Final Rule is published under the authority of 49 U.S.C. 5103(b) which authorizes the Secretary to prescribe regulations for the safe transportation, including security, of hazardous material in intrastate, interstate, and foreign commerce. 49 U.S.C. 5117(a) authorizes the Secretary of Transportation to issue a special permit from a regulation prescribed in 5103(b), 5104, 5110, or 5112 of the Federal Hazardous Materials Transportation Law to a person transporting, or causing to be transported, hazardous material in a way that achieves a safety level at least equal to the safety level required under the law, or consistent with the public interest, if a required safety level does not exist. This final rule amends the regulations by adopting provisions from certain widely used and longstanding special permits that have established a history of safety and which may, therefore, be converted into the regulations for general use. B. Executive Order 12866, 13563, 13610 and DOT Regulatory Policies and Procedures This final rule is considered a non-significant regulatory action under section 3(f) and was reviewed by the Office of Management and Budget (OMB). This final rule is considered a non-significant rule under the Regulatory Policies and Procedures order issued by the Department of Transportation [44 FR 11034]. Executive Order 13563 is supplemental to and reaffirms the principles, structures, and definitions governing regulatory review that were established in Executive Order 12866 Regulatory Planning and Review of September 30, 1993. By building off of each other, these two Executive Orders 12866 and 13563 require agencies to regulate in the ``most cost-effective manner,'' to make a ``reasoned determination that the benefits of the intended regulation justify its costs,'' and to develop regulations that ``impose the least burden on society.'' Executive Order 13610 (Identifying and Reducing Regulatory Burdens) reaffirmed 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 this final rule, PHMSA is amending the HMR to adopt alternatives this agency has permitted under widely used and longstanding special permits and approvals with established safety records that we have determined meet the safety criteria for inclusion in the HMR. Adoption of these special permits and approvals into regulations of general applicability provides shippers and carriers with additional flexibility to comply with established safety requirements, thereby reducing transportation costs and increasing productivity. In addition, the final rule reduces the paperwork burden on industry and this agency resulting from putting an end to the need for renewal applications for special permits. Taken together, the provisions of this final rule promotes the continued safe transportation of hazardous materials while reducing transportation costs for the industry and administrative costs for the agency. The impact of this final rule is presumed to be minor as no new costs are imposed upon any stakeholders and those that currently hold special permits and CAs will find some relief from regulatory review for current practices. This final rule makes provisions that are currently approved in certain special permits available to all businesses operating in the U.S. without needing to submit party-to special permit applications to PHMSA, and current permit holders will no longer need renewals. Over the past decade, approximately 464 companies have applied for and/or renewed the special permits included in this final rule. Many of these special permits have had positive economic impacts by allowing companies to be accepted from requirements in the HMR when shipping certain quantities/types of materials or by allowing the use of less expensive non-specification packages when certain provisions are met. It is difficult to quantify the savings these special permits have allowed, but it should be noted that these savings are extended to other firms that would make use of the provisions once adopted into regulations. PHMSA calculates that this rulemaking results in a paperwork reduction that, on average, saves each applicant $39.50. PHMSA estimates that over a 10-year period there will be an estimated benefit total [[Page 15039]] totaling $18,328 affecting approximately 140 entities. In accordance with the Federal hazardous materials law (49 U.S.C. 5101 et seq.), initial issuances of special permits are for two years and can be renewed for four years thereafter. Thus, over 10 years, a special permit would on average be renewed twice for a total benefit of between $43,000 and $47,000. These figures are discounted annually by 3 and 7 percent to reflect the time value of money. This f","truncated":true,"body_characters":85055}