{"operation":"document","citation":"80 FR 3788","title":"Hazardous Materials: Miscellaneous Amendments (RRR)","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"proposed","official":true,"published_on":"2015-01-23","effective_on":null,"summary":"PHMSA proposes to make miscellaneous amendments to the Hazardous Materials Regulations to update and clarify certain regulatory requirements. These proposed amendments are designed to promote safer transportation practices, address petitions for rulemaking, respond to National Transportation Safety Board (NTSB) Safety Recommendations, facilitate international commerce, make editorial corrections, and simplify the regulations. The proposed provisions in this rulemaking include, but are not limited to, removing the packing group (PG) II designation for certain organic peroxides, self-reactive substances and explosives, incorporating requirements for trailers of manifolded acetylene cylinders, and providing requirements to allow for shipments of damaged wet electric batteries. In addition, this rulemaking proposes to revise the requirements for the packaging of nitric acid, testing of pressure relief devices on cargo tanks, and shipments of black or smokeless powder for small arms.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2015-00265.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2015-00265.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2015-00265","source_url":"https://www.federalregister.gov/documents/2015/01/23/2015-00265/hazardous-materials-miscellaneous-amendments-rrr","body":"Federal Register, Volume 80 Issue 15 (Friday, January 23, 2015) [Federal Register Volume 80, Number 15 (Friday, January 23, 2015)] [Proposed Rules] [Pages 3788-3838] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2015-00265] [[Page 3787]] Vol. 80 Friday, No. 15 January 23, 2015 Part III Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration ----------------------------------------------------------------------- 49 CFR Parts 107, 171, 172 et al. Hazardous Materials: Miscellaneous Amendments (RRR); Proposed Rule Federal Register / Vol. 80 , No. 15 / Friday, January 23, 2015 / Proposed Rules [[Page 3788]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 107, 171, 172, 173, 175, 176, 177, 178, 179 and 180 [Docket No. PHMSA-2013-0225 (HM-218H)] RIN 2137-AF04 Hazardous Materials: Miscellaneous Amendments (RRR) AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of Proposed Rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: PHMSA proposes to make miscellaneous amendments to the Hazardous Materials Regulations to update and clarify certain regulatory requirements. These proposed amendments are designed to promote safer transportation practices, address petitions for rulemaking, respond to National Transportation Safety Board (NTSB) Safety Recommendations, facilitate international commerce, make editorial corrections, and simplify the regulations. The proposed provisions in this rulemaking include, but are not limited to, removing the packing group (PG) II designation for certain organic peroxides, self-reactive substances and explosives, incorporating requirements for trailers of manifolded acetylene cylinders, and providing requirements to allow for shipments of damaged wet electric batteries. In addition, this rulemaking proposes to revise the requirements for the packaging of nitric acid, testing of pressure relief devices on cargo tanks, and shipments of black or smokeless powder for small arms. DATES: Comments must be received by March 24, 2015. ADDRESSES: You may submit comments by any of the following methods: Federal Rulemaking Portal: http://www.regulations.gov . Follow the instructions for submitting comments. Fax: 202-493-2251. Mail: Dockets Management System; U.S. Department of Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Hand Delivery: To U.S. Department of Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001, between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. Instructions: Include the agency name and docket number PHMSA-2013- 0225 (HM-218H) or rule identification number (RIN 2137-AF04) for this rulemaking at the beginning of your comment. Note that all comments received will be posted without change to http://www.regulations.gov including any personal information provided. If sent by mail, comments must be submitted in duplicate. Persons wishing to receive confirmation of receipt of their comments must include a self-addressed stamped postcard. Privacy Act: Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement at http://www.dot.gov/privacy . Docket: You may view the public docket through the Internet at http://www.regulations.gov or in person at the Docket Operations office at the above address (See ADDRESSES). FOR FURTHER INFORMATION CONTACT: Neal Suchak or Aaron Wiener, 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 II. Incorporation by Reference Discussion Under 1 CFR part 51 III. Petitions for Rulemaking and National Transportation Safety Board Recommendations IV. Section-by-Section Review V. 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 The purpose of this NPRM is to update and clarify the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) based on PHMSA's own initiatives. The proposed changes were identified through an extensive review of the HMR and letters of interpretation issued to the public. In addition, this NPRM proposes regulatory requirements that respond to seven petitions for rulemaking and addresses two NTSB Safety Recommendations. To this end, PHMSA is proposing to revise, clarify, and ease certain regulatory requirements. A. Petitions for Rulemaking The following table provides a brief summary of the petitions addressed in this NPRM and affected sections. These petitions are included in the docket for this proceeding: ------------------------------------------------------------------------ Petition Petitioner Summary ------------------------------------------------------------------------ P-1590.......... Dangerous Goods Remove the PG II designation for Advisory Council certain organic peroxides, self- (DGAC). reactive substances and explosives in the Sec. 172.101 Hazardous Materials Table (HMT). P-1591.......... Air Products and Amend the marking requirements Chemicals, Inc. for poisonous by inhalation shipments transported in accordance with the International Maritime Dangerous Goods (IMDG) Code or Transport Canada's Transport of Dangerous Goods (TDG) Regulations (Sec. 171.23). P-1597.......... DGAC............... Require that emergency response telephone numbers be displayed on shipping papers numerically (Sec. 172.604). P-1601.......... United Parcel Amend the packaging instructions Service (UPS). for certain shipments of nitric acid by requiring intermediate packaging for glass inner packagings (Sec. 173.158). P-1604.......... National Propane Extend the pressure test and Gas Association internal visual inspection test (NPGA). period to ten years for certain MC 331 cargo tanks in dedicated propane delivery service (Sec. 180.407). P-1605.......... Compressed Gas Incorporate by reference in Sec. Association (CGA). 171.7 CGA Pamphlet G-1.6, Standard for Mobile Acetylene Trailer Systems, Seventh Edition (Sec. Sec. 171.7 and 173.301). [[Page 3789]] P-1609.......... Truck Trailer Clarify the requirements Manufacturers applicable to the testing of Association (TTMA). pressure relief devices for cargo tank motor vehicles (Sec. 180.407). ------------------------------------------------------------------------ B. NTSB Safety Recommendations The following table provides a brief summary of the NTSB recommendations addressed in this NPRM and affected sections. These recommendations are included in the docket for this proceeding: ------------------------------------------------------------------------ Recommendation Summary ------------------------------------------------------------------------ H-09-01....................... Modify 49 CFR Sec. 173.301 to clearly require (1) that cylinders be securely mounted on mobile acetylene trailers and other trailers with manifolded cylinders to reduce the likelihood of cylinders being ejected during an accident and (2) that the cylinder valves, piping, and fittings be protected from multidirectional impact forces that are likely to occur during highway accidents, including rollovers. H-09-02....................... Require fail-safe equipment that ensures that operators of mobile acetylene trailers can perform unloading procedures only correctly and in sequence. ------------------------------------------------------------------------ C. Amendments Based on PHMSA Review In addition to addressing the petitions for rulemaking and the NTSB recommendations listed above, this rulemaking proposes the following amendments that were identified through our retrospective review of the 49 CFR. We summarize the changes as follows: Revise Sec. 107.402(d)(2) to replace the term ``citizen'' with the term ``resident.'' Revise Sec. 107.402(e) to require that a lighter certification agency submits a statement that the agency is independent of and not owned by a lighter manufacturer, distributor, import or export company, or proprietorship. Revise Sec. 107.402(f) to require portable tank and multi-element gas container (MEGC) certification agencies to submit a statement indicating that the agency is independent of and not owned by a portable tank or MEGC manufacturer, owner, or distributor. Revise Sec. 107.807 to require a cylinder inspection agency to be independent of and not owned by a cylinder manufacturer, owner, or distributor. Remove the entry for CGA Pamphlet C-1.1 in Table 1 to Sec. 171.7. Incorporate by reference updated versions of the American Association of Railroads (AAR) Manual of Standards and Recommended Practices, Section C-III, Specifications for Tank Cars, Specification M-1002 in Sec. 171.7. Revise the Sec. 172.101 table to add Special Provision B120 to Column (7) for the entry ``Calcium nitrate, UN1454.'' Revise the entry for ``Propellant, solid, UN0501'' to remove vessel stowage provision 24E from Column (10B) of the HMT. Revise the PG II HMT entry for ``UN2920, Corrosive liquids, flammable, n.o.s.,'' to for consistency with the UN Model Regulations, IMDG Code, and the ICAO TI such that this entry is eligible for the limited quantity exceptions. Revise the PG II HMT entry for ``UN3085, Oxidizing solid, corrosive, n.o.s.'' for consistency with the UN Model Regulations, IMDG Code and the ICAO TI such that this entry is eligible for the limited quantity exceptions. Revise the HMT entries for ``Trinitrophenol (picric acid), wetted, with not less than 10 percent water by mass, UN3364'' and ``Trinitrophenol, wetted with not less than 30 percent water, by mass, UN1344'' to harmonize the HMR with the UN Model Regulations, IMDG Code, and the ICAO TI to clarify that the 500 gram limit per package does not apply to UN1344 but does apply to UN3364. Revise Special Provision 136, assigned to the proper shipping name ``UN3363, Dangerous goods in machinery or apparatus,'' in Sec. 172.102 to include reference to Subpart G of Part 173. Remove reference to obsolete Special Provision 18 for the HMT entry ``UN1044, Fire extinguishers'' and in Sec. 180.209(j) and provide correct cross reference to Sec. 173.309. Correct a reference in Sec. 172.201 to exceptions for the requirement to provide an emergency response telephone number on a shipping paper. Revise Sec. Sec. 172.301(f), 172.326(d) and 172.328(e) to include the clarification that the NOT-ODORIZED or NON-ODORIZED marking may appear on packagings used for both unodorized and odorized liquefied petroleum gas (LPG), and remove the effective date of October 1, 2006 or ``after September 30, 2006,'' if it appears in these paragraphs, as the effective date has passed. Amend Sec. 172.406(d) by clearly authorizing the use of labels described in Subpart E with a dotted or solid line outer border on a surface background of contrasting color. Update a mailing address in Sec. 172.407(d)(4)(ii). Clarify the marking size requirements for an intermediate bulk container (IBC) that is labeled instead of placarded by replacing the bulk package marking reference in Sec. 172.514(c) with the non- bulk marking reference, specifically, Sec. 172.301(a)(1). Revise Sec. 173.4a(a) to clarify that articles (including aerosols) are not eligible for excepted quantity reclassification under Sec. 173.4a, although some are eligible to be shipped as small quantities by highway and rail in Sec. 173.4. Revise Sec. 173.21(e) to prohibit transportation or offering for transportation materials in the same transport vehicle (e.g., a trailer, a rail car) with another material, that could cause a dangerous evolution of heat, flammable or poisonous gases or vapors, or produce corrosive materials if mixed. Clarify that the requirements provided in paragraph Sec. 173.24a(c)(1)(iv) do not apply to limited quantities packaged in accordance with Sec. 173.27(f)(2). Clarify the quantity limits for mixed contents packages prepared in accordance with Sec. 173.27(f)(2). Clarify the requirements applicable to bulk transportation of combustible liquids by adding new subparagraph Sec. 173.150(f)(3)(xi) stating that the registration requirements in Subpart G of Part 107 are applicable and revising Sec. Sec. 173.150(f)(3)(ix) and 173.150(f)(3)(x) for punctuation applicable to a listing of requirements. Add a new paragraph (j) in Sec. 173.159 to allow shippers to prepare for transport and offer into transportation damaged wet electric storage batteries. [[Page 3790]] Revise Sec. 173.166(e)(6) to add the words ``or cargo vessel.'' Revise Sec. Sec. 173.170 and 173.171 by changing the term motor vehicle to transport vehicle to allow for motor vehicles comprised of more than one cargo-carrying body to carry 100 pounds of black or smokeless powder reclassed as Division 4.1 in each cargo- carrying body instead of 100 pounds total in the motor vehicle. Revise Sec. 173.199(a)(4) by removing the reference to the steel rod impact test in Sec. 178.609(h). Clarify the Packing Method table for organic peroxide materials in Sec. 173.225. Amend the bulk packaging section reference in Column (8C) of the HMT from Sec. 173.240 to Sec. 173.216 for the entries ``Asbestos, NA2212,'' ``Blue asbestos (Crocidolite) or Brown asbestos (amosite, mysorite) UN2212,'' and ``White asbestos (chrysotile, actinolite, anthophyllite, tremolite), UN2590.'' In addition, we are proposing to revise paragraph (c)(1) in Sec. 173.216 by authorizing the use of bulk packages prescribed in Sec. 173.240. Add a new paragraph (d)(5) to Sec. 173.304a, a new paragraph (h) to Sec. 173.314 and revise Sec. 173.315(b)(1) to require odorization of liquefied petroleum gas when contained in cylinders and rail cars. Amend Sec. 173.306(k) to clarify that aerosols shipped for recycling or disposal by motor vehicle containing a limited quantity are afforded the applicable exceptions provided for ORM-D materials granted under Sec. Sec. 173.306(i) and 173.156(b). Create a new paragraph (d) in Sec. 175.1 stating that the HMR do not apply to dedicated air ambulance, firefighting, or search and rescue operations. Correct Sec. 175.8 by adding the appropriate 14 CFR, Part 125 citations. Clarify exceptions for passengers, crewmembers, and air operators in paragraphs (a)(18), (a)(22), and (a)(24) of Sec. 175.10 for the carriage of hazardous materials aboard a passenger aircraft. Clarify Sec. 175.75(e)(2) by replacing the word ``located'' with ``certificated.'' Clarify Sec. 176.30(a)(4) by replacing the word ``packaging'' with ``package.'' Clarify that the loading restrictions in Sec. 177.835(c)(1) through (4) are applicable to Sec. 177.848(e). Revise Sec. 178.65(i)(1) to correctly reference the manufacturer's report requirements in Sec. 178.35(g). Clarify Sec. 178.337-17(a) to eliminate confusion of the name plate and specification plate requirements. Correct an editorial error in the formula in Sec. 178.345-3(c)(1). Include provisions consistent with the non-bulk packaging and IBC approval provisions for Large Packagings in Sec. 178.955. Clarify the requirements for Federal Railroad Administration (FRA) approval of tank car designs in Sec. 179.13. Revise Sec. 180.401 to replace the term ``person'' with ``hazmat employee or hazmat employer'' to clarify that Subpart E of Part 180 does not only apply to persons offering or transporting hazardous materials. II. Incorporation by Reference Discussion Under 1 CFR Part 51 The American Association of Railroads (AAR) Manual of Standards and Recommended Practices, Section C-III, Specifications for Tank Cars, Specification M-1002 and the Compressed Gas Association (CGA) pamphlet G-1.6, Standard for Mobile Acetylene Trailer Systems, Seventh Edition (G-1.6, 2011) are available for interested parties to purchase in either print or electronic versions through the parent organization Web sites. The price charged for these standards to interested parties helps to cover the cost of developing, maintaining, hosting, and accessing these standards. The specific standards are discussed in greater detail in the following analysis. III. Petitions for Rulemaking and National Transportation Safety Board Recommendations A. Amendments to the HMR for Organic Peroxides, Self-Reactive Substances and Explosives (P-1590) In P-1590, DGAC requests that PHMSA amend the HMR by removing the PG II designation in Column (5) of the Sec. 172.101 HMT for all organic peroxides (Division 5.2), self-reactive substances (Division 4.1), and explosives (Class 1). DGAC states that under both the HMR and international regulations, organic peroxides, self-reactive substances and explosives are not assigned a packing group. Despite the absence of regulatory language for determining a packing group assignment for these materials, proper shipping names for these materials listed in the HMT are assigned a default PG II. DGAC asserts that the presence of a PG assignment for these entries is a constant source of confusion which leads to frustration of shipments. DGAC further indicates that frustration typically occurs when shipping papers are inspected by carrier staff and enforcement personnel along the transport chain with respect to the Sec. 172.202(a)(4) requirement to include the ``packing group in Roman numerals, as designated for the hazardous material in Column (5) of the Sec. 172.101 table.'' DGAC notes that while Sec. 172.202(a)(4) also excepts organic peroxides, self-reactive substances and explosives from the requirement to provide a PG as part of the required description, a great deal of confusion is created given that, irrespective of this exception, PGs are provided for these materials in the Sec. 172.101 HMT. DGAC also states that the HMR are inconsistent with international regulations as a PG is not indicated for these materials in the hazardous materials tables in the ICAO TI, IMDG Code, and the UN Model Regulations. In addition, those regulations restrict the provision of a PG in the transport document basic description to materials where a PG has been assigned in accordance with classification requirements. With no PG indicated for these substances in the respective lists, it is inappropriate to provide a PG in the hazardous materials description on a shipping paper under international regulations. Consequently, provision of a PG for domestic transportation would constitute a violation of international regulations for international transportation. DGAC states that removing the PG for these materials from the HMT would impose no additional costs and would result in a net savings since many unnecessary delays in hazardous material shipments would be avoided. DGAC did not provide a specific figure for the anticipated net savings. DGAC also states that the packaging provisions in Part 173 for these materials indicate the level of performance required. Therefore, although certain packagings must meet PG II performance levels, they do not indicate a degree of danger or the variation to PG I or PG III packagings. In response to DGAC's petition, PHMSA agreed that it merited a rulemaking change. We recognize that when the PG does not relate to the degree of hazard of the material based on classification criteria but rather is broadly assigned to an entire group of materials for purposes of applying regulatory requirements, there is limited value in requiring an indication of the PG on a shipping paper. Therefore PHMSA is proposing to remove the PG II designation from Column (5) of the HMT for organic peroxides (Division 5.2), self-reactive substances (Division 4.1), and explosives (Class 1). PHMSA seeks comment on the safety implications of such a change as well as the net benefit such a change (i.e., decrease in the number of frustrated shipments) would provide. [[Page 3791]] B. Marking Requirements for Poison by Inhalation Materials (P-1591) In P-1591, Air Products and Chemicals, Inc., requests that PHMSA amend the marking requirements for poison inhalation hazard (PIH) materials that are shipped in accordance with the IMDG Code or TDG Regulations. Specifically, the petitioner requests that PHMSA modify Sec. Sec. 171.23(b)(10)(iv)(A) and 171.23(b)(10)(iv)(B) to remove the phrase ``regardless of the total quantity contained in the transport vehicle or freight container'' in both paragraphs to align Part 171, Subpart C requirements for use of international regulations with the poisonous hazardous material marking requirements in Sec. 172.313(c), which offers exceptions based on Hazard Zone, quantity, and number of distinct materials. Specifically, subpart C of Part 171 specifies requirements for shipments offered for transportation or transported in the United States under international regulations. For PIH material, subparagraphs (A) and (B) of Sec. 171.23(b)(10)(iv) require that ``the transport vehicle or freight container must be marked with the identification numbers for the hazardous material, regardless of the total quantity contained in the transport vehicle or freight container, in the manner specified in Sec. 172.313(c) of this subchapter and placarded as required by subpart F of part 172 of this subchapter.'' The petitioner states that the phrase ``regardless of the total quantity contained in the transport vehicle or freight container'' gives the appearance that the identification number marking requirement is applicable to any quantity. However, the remainder of the sentence states that the marking must be ``in the manner specified in in Sec. 172.313(c) of this subchapter,'' which indicates an entirely different requirement. Section 172.313(c) specifies marking requirements for non-bulk packages of PIH material contained in transport vehicles or freight containers subject to certain provisions and limitations. Section Sec. 172.313(c)(2) states, ``the transport vehicle or freight container is loaded at one facility with 1,000 kg (2,205 pounds) or more aggregate gross weight of the material in non-bulk packages marked with the same proper shipping name and identification number'' meaning that unless this criteria is met, marking the identification number on the transport vehicle or freight container is not required. The petitioner indicates the inconsistency of Sec. Sec. 171.23(b)(10)(iv)(A), 171.23(b)(10)(iv)(B) and 172.313(c) is a source of confusion. The petitioner also identifies a potential discrepancy when transporting internationally to or from the United States in accordance with Sec. 171.23. The requirement to mark all quantities of PIH material is more restrictive and costly than the current marking requirements for the same materials when transported domestically under the HMR in accordance with Sec. 172.313(c). The petitioner points out that under both the IMDG and TDG there are no additional marking requirements for transport units carrying PIH materials in non-bulk packages similar to the provisions found in Sec. 172.313(c). Therefore, for quantities of PIH materials in non-bulk packages (less than 1,000 kg per UN number) all three regulations are not aligned. The petitioner states they have had numerous shipments of PIH materials frustrated because of this confusing requirement, and that the additional marking causes economic hardship and transit delays due to additional labor necessary to apply the extra UN identification numbers at the port. The petitioner did not provide a specific cost figure for these frustrated shipments or anticipated net savings of a regulatory change. In response to Air Products' petition, PHMSA agreed that it merited a rulemaking change. The intent of the requirements in Sec. 171.23(b)(10)(iv) is to provide hazard communication for international shipments of PIH materials transiting the United States under either the IMDG Code or TDG equivalent to those established in the HMR, not to impose more restrictive requirements. The removal of the phrase referring to a ``total quantity'' will reduce potential confusion due to differences in inspection interpretations and will reduce handling costs and transit time while maintaining an acceptable level of hazard communication for PIH materials. Therefore, PHMSA is proposing to amend Sec. Sec. 171.23(b)(10)(iv)(A) and 171.23(b)(10)(iv)(B) by removing the phrase ``regardless of the total quantity contained in the transport vehicle or freight container'' from each subparagraph. PHMSA seeks comment on the safety implications of such a change as well as the net benefit such a change (i.e., decrease in the number of frustrated shipments) would provide. C. Emergency Response Telephone Number (P-1597) In P-1597, DGAC requests that PHMSA amend the emergency response telephone number requirements to prohibit the use of alphanumeric telephone numbers and only permit numeric telephone numbers. Currently, the HMR do not limit the telephone numbers to be numeric under Sec. 172.604(a). DGAC states that historically telephone faces associated integers with letters (e.g., 2\\ABC\\), but this is no longer the case in all instances of phones. As a result, emergency response telephone numbers presented alphanumerically could cause delays in acquiring emergency response information as the first responder would have to first convert letters to numbers. These delays are undesirable in time sensitive emergency response situations. DGAC further points out that PHMSA issued a letter of interpretation (Ref. No. 04-0032) confirming that alphanumeric presentation of an emergency response telephone number was acceptable but expressed concern in the delays it may cause. In response to DGAC's petition, PHMSA agreed that it merited a rulemaking change. We agree that the continued use of alphanumeric telephone numbers could cause unnecessary delays in emergency response situations, therefore, PHMSA is proposing to revise Sec. 172.604(a) to require a numeric format for the presentation of emergency response telephone numbers in association with a shipping paper. Additionally, we request specific comment on the cost implications of this proposed revision. D. Packaging Requirements for Nitric Acid (P-1601) In P-1601, the United Parcel Service (UPS) requests that PHMSA revise the packaging requirements for ground shipments of nitric acid. Its petition was based on four loading and sorting operation incidents which occurred over a six-month period. The incidents did not result in any casualties, but varying degrees of property damage were assessed in each situation. UPS notes that each incident involved the same packaging configuration--glass inner packagings within fiberboard outer packagings. In each case, a breach of one or more inner packagings caused leakage, resulting in fumes, followed by the initiation of a fire involving the fiberboard outer packaging material. UPS believes that the packaging requirements of the HMR applicable to ground shipments of nitric acid do not adequately address the hazards present. As provided in Sec. 173.158, packaging for ground shipments of nitric acid prescribe either outer packaging that is not reactive to contents, or a combination packaging that includes non-reactive intermediate packaging [[Page 3792]] and absorbent material. However, for concentrations of less than 90% nitric acid, the HMR permit the use of glass inner packagings of less than 2.5 L placed inside UN Specification 4G, 4C1, 4C2, 4D or 4F outer packagings. This latter configuration is associated with the four incidents referenced by UPS in its petition for rulemaking. UPS proposes that PHMSA change Sec. 173.158(e) to enhance the packaging requirements applicable to nitric acid in concentrations less than 90%. Under the proposal in P-1601, when in wooden or fiberboard outer packaging, glass inner packagings used in the configuration prescribed in Sec. 173.158(e) would be required to be packed in tightly-closed, non-reactive intermediate packagings and cushioned with a non-reactive absorbent material. UPS feels that the addition of this intermediate packaging would properly address the hazards present in this concentration of nitric acid and would have prevented the above incidents from occurring. The UPS petition identified an increase in the number of fires caused by spilled nitric acid reacting with fiberboard packaging. In this NPRM, PHMSA is considering a performance standard for packaging and handling the product that would prevent breakages and spills involving nitric acid. Based on the number of incidents noted in the petition for rulemaking and the cost incurred, in response to UPS's petition, PHMSA agreed that it merited consideration of a rulemaking change. Therefore, PHMSA is proposing to require in Sec. 173.158(e) that when nitric acid, in concentrations less than 90%, is placed in glass inner packagings to be packaged in wooden or fiberboard outer packaging, the glass inner packagings must be packed in tightly-closed, non-reactive intermediate packagings and cushioned with a non-reactive absorbent material. PHMSA is seeking comment on whether or not this proposed packaging should be applied to other similar materials as well as cost burdens from the increase in packaging requirements. E. Pressure Test and Internal Visual Inspection Requirements for MC 331 Cargo Tanks (P-1604) In P-1604, the National Propane Gas Association (NPGA) requests PHMSA modify the pressure test and visual inspection test requirements applicable to certain MC 331 specification cargo tanks in dedicated propane delivery service, commonly known as bobtails, found in Sec. 180.407(c) . Currently, the HMR require periodic pressure testing and visual inspection every five years to remain in service. NPGA petitions PHMSA to extend the requalification period for certain MC 331 cargo tanks from five years to ten years and provides a technical case for this change. NPGA states in its petition that the five-year requalification period for bobtails is a burden to the propane industry. It states that these cargo tanks must be taken out of service for a period of up to a week and that water is introduced into the tank during the requalification process, which can be detrimental to the tank and product contained in the tank. Before a tank can be returned to service, it must be completely free of any water. NPGA states that this removal from service hinders a propane company's operations. In 2001, NPGA conducted a survey to determine whether companies that performed the five-year hydrostatic test requirement had experienced any failures. None of the 203 survey respondents reported a hydrotest failure for tanks of less than 3,500 gallons water capacity. Based on the results of this survey, the NPGA sponsored a study by a non-profit research and development organization (the Battelle Memorial Institute) to determine whether a change to the requalification period would be technically feasible. Battelle developed crack growth models to estimate the time to failure of a tank that has undergone several pressure cycles. They also analyzed effects on the MC 331 cargo tank under the delivery service load conditions to determine the estimated life of the tank. Based on the results of this study, the NPGA and Battelle recommend that PHMSA modify the requalification period from five years to ten years for MC 331 cargo tanks that: (1) Are used in dedicated propane service; (2) have a water capacity less than 3,500 gallons; and (3) are constructed of: non-quenched and tempered (NQT) SA-612 steel and NQT SA-202 or SA-455 steels, provided the materials have full-size equivalent (FSE) Charpy-V notch energy test data that demonstrates 75% shear-area ductility at 32[emsp14][deg]F with an average of three or more samples greater than 15 ft-lb FSE, and with none less than 10 ft- lb FSE. A copy of this study is in the docket for this rulemaking. After considering the NPGA survey results, which cite no reported incidents, and the study commissioned by the NPGA, PHMSA determined that the petition merited consideration of a rulemaking change. NPGA notes there is a strong safety record amongst its members regarding this issue and the cost savings to the industry would be significant (a specific benefit was not provided by the NPGA). Therefore, PHMSA is proposing to revise the pressure test and internal visual inspection requirements found in Sec. 180.407(c) for certain MC 331 Specification cargo tanks from a five-year requalification period to a ten-year period. PHMSA seeks comment on the safety implications of such a change as well as the net benefit such a change (i.e., decrease in time out of service) would provide. F. Mobile Acetylene Trailer Systems (P-1605) and NTSB Safety Recommendations H-09-01 and H-09-02 In P-1605, the CGA requests that PHMSA amend the HMR to incorporate a reference to CGA pamphlet G-1.6, Standard for Mobile Acetylene Trailer Systems, Seventh Edition (G-1.6, 2011). This standard provides minimum requirements necessary for the design, construction, and operation of mobile acetylene trailer systems, which consist of acetylene cylinders mounted and manifolded for the purposes of charging, transporting, and discharging acetylene. It also covers ground-mounted auxiliary equipment used with mobile acetylene trailers such as piping, meters, regulators, flash arrestors, and fire protection equipment. This petition coincides with two NTSB recommendations (H-09-01 and H-09-02) issued to PHMSA based on incidents involving mobile acetylene trailers.\\1\\ In response to CGA's petition and its appropriateness to addressing the NTSB recommendations, PHMSA determined that it warranted consideration of a rulemaking change. Further detailed discussion of this issue can be found in the Section-by-Section review for Sec. 173.301. --------------------------------------------------------------------------- \\1\\ http://phmsa.dot.gov/staticfiles/PHMSA/DownloadableFiles/Files/NTSB%20Files/H_09_1_2_Original.pdf . --------------------------------------------------------------------------- G. Pressure Relief Devices for Cargo Tanks (P-1609) In P-1609, the Truck Trailer Manufacturers Association (TTMA) requests that PHMSA amend the Sec. 180.407 requirements applicable to pressure relief devices (PRDs). Specifically, TTMA requests that PHMSA revise the HMR to more clearly establish the set pressure of a PRD for each of the DOT specification cargo tank motor vehicles. TTMA states that the wording of Sec. Sec. 180.407(d)(3) and 180.407(g)(1)(ii), applicable to the testing requirements for PRDs, creates issues for persons performing the testing of a PRD. TTMA points out two specific issues with these paragraphs. The first is the [[Page 3793]] term ``set-to-discharge.'' On April 9, 2009 PHMSA published a final rule (Docket No. PHMSA-2006-25910 (HM-218E); 74 FR 16135; effective May 11, 2009), where in an attempt to harmonize with international standards, PHMSA removed the phrase ``set-to-discharge,'' and ``start- to-discharge'' was substituted in its place. TTMA explains that this is an issue because the discharge pressure referenced is used to figure the minimum pressure at which the PRD should reseat. By changing the wording from ``set'' to ``start,'' the reseating pressure changed from a design requirement, to one based on what a given vent actually does under test. Therefore, instead of testing a PRD knowing its reseating requirements, testers must perform the test of a given PRD and calculate the reseating pressure of that particular PRD and retest from that pressure. Essentially, testers of PRDs could test identical products at different pressures because the reseat pressure is no longer a fixed design requirement. This creates inconsistencies between the reseating pressures of comparable PRDs authorized for identical hazardous materials service. TTMA states that this compromises safety, instead of promoting it. The second issue TTMA points out in its petition is in regards to the term ``the required set pressure.'' This term is problematic in relation to the continuing operation of existing cargo tanks made to older specifications in Sec. 180.405(c). As the codes for the older specifications of cargo tanks are no longer published, determining ``the required set pressure'' is problematic. This is an issue for current specifications of cargo tanks as well. There are pressure allowances during the retesting of pressure relief devices of no more than 110% of the required set pressure (Sec. 180.407(d)(3)) and the same 10% allowance for DOT 400 series cargo tanks (Sec. 178.345-10(d)) creates confusion for current specification cargo tanks. TTMA believes this will create an unsafe condition for tanks, as a PRD is no longer functioning as designed by the manufacturer. The PRD may actually open at higher pressures (near a cargo tank's test pressure) as opposed to the appropriate lower design pressure. TTMA petitions that PHMSA revise the HMR for testing of PRDs by replacing the current requirements found in Sec. Sec. 180.407(d)(3) and 180.407(g)(1)(ii) with a reference to a new paragraph, Sec. 180.407(j) which would detail the PRD test requirements. TTMA believes this change will eliminate confusion for testers by clarifying the requirements for opening and reseating pressures when beginning the tests. This will also enhance the enforcement of these requirements by creating consistency in the testing requirements for cargo tank PRDs of the same design. PHMSA determined that TTMA's petition merited consideration of a rulemaking change based on the need for consistent and clear testing requirements for PRDs on DOT specification cargo tanks. Therefore, PHMSA is revising Sec. Sec. 180.407(d)(3) and 180.407(g)(1) to reference a new section Sec. 180.407(j), which will outline the testing requirements applicable to PRDs. IV. Section-by-Section Review Part 107 Section 107.402 This section sets forth the application requirements for designation as a certification agency to issue certificates and certifications for packagings designed, manufactured, tested, or maintained in conformance with the HMR and standards set forth in the UN Model Regulations. This section also sets forth the application requirements for designation as a certification agency to issue certificates and certifications for lighters, portable tanks, multi- element gas containers, and Division 1.4G consumer fireworks. PHMSA is proposing to revise Sec. 107.402(d)(1)(i) to indicate that a fireworks certification agency applicant must be a U.S. resident, or for a non-U.S. resident, must have a designated U.S. agent representative as specified in Sec. 105.40. The criteria for fireworks certification agencies were added to the HMR in Docket No. PHMSA-2010- 0320 (78 FR 42457) (HM-257). PHMSA intended for Sec. 107.402(d)(1)(i) to correspond with the requirements of Sec. 105.40, which specifies designated agents for non-residents; however, the term ``citizen'' was inadvertently substituted for ``resident.'' PHMSA is proposing to revise Sec. 107.402(d)(1)(i) by replacing the","truncated":true,"body_characters":305812}