# Hazardous Materials: Miscellaneous Amendments (RRR)

- **operation:** document
- **citation:** 81 FR 35484
- **title:** Hazardous Materials: Miscellaneous Amendments (RRR)
- **source type:** rulemaking
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2016-06-02
- **effective on:** 2016-07-05
- **summary:** In this final rule, the Pipeline and Hazardous Materials Safety Administration (PHMSA) is amending the Hazardous Materials Regulations (HMR) to make miscellaneous amendments in order to update and clarify certain regulatory requirements. These 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 amendments 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; providing requirements to allow for shipments of damaged wet electric batteries; and revising 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.
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Federal Register, Volume 81 Issue 106 (Thursday, June 2, 2016) [Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)] [Rules and Regulations] [Pages 35484-35546] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2016-12034] [[Page 35483]] Vol. 81 Thursday, No. 106 June 2, 2016 Part III Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration ----------------------------------------------------------------------- 49 CFR Parts 107, 171, 172, et al. Hazardous Materials: Miscellaneous Amendments (RRR); Final Rule Federal Register / Vol. 81 , No. 106 / Thursday, June 2, 2016 / Rules and Regulations [[Page 35484]] ----------------------------------------------------------------------- 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), U.S. Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this final rule, the Pipeline and Hazardous Materials Safety Administration (PHMSA) is amending the Hazardous Materials Regulations (HMR) to make miscellaneous amendments in order to update and clarify certain regulatory requirements. These 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 amendments 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; providing requirements to allow for shipments of damaged wet electric batteries; and revising 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: Effective Date: This rule is effective July 5, 2016. Voluntary Compliance Date: Voluntary compliance with all amendments is authorized June 2, 2016. Incorporation by reference Date: The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of July 5, 2016. FOR FURTHER INFORMATION CONTACT: Aaron Wiener or Michael Ciccarone, 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: Table of Contents I. Background II. Incorporation by Reference Discussion Under 1 CFR Part 51 III. Comment Discussion A. Petitions for Rulemaking and NTSB Safety Recommendations B. Provisions Not Adopted in This Final Rule C. Comments Outside the Scope of This Rulemaking IV. Section-by-Section Review V. Regulatory Analyses and Notices A. Statutory/Legal Authority for This 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. Regulation Identifier Number (RIN) H. Unfunded Mandates Reform Act I. Environmental Assessment J. Privacy Act K. International Trade Analysis I. Background On January 23, 2015, PHMSA published a notice of proposed rulemaking (NPRM) [Docket No. PHMSA-2013-0225 (HM-218H); 80 FR 3787] that proposed amendments to update and clarify existing requirements of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). Both the NPRM and this final rule are part of the Department of Transportation's Retrospective Regulatory Review (RRR) process designed to identify ways to improve the HMR through the extensive review of both the HMR and previously issued letters of interpretation. In addition, the NPRM proposed regulatory requirements in response to seven (7) petitions for rulemaking and two (2) NTSB Safety Recommendations. The changes proposed in the NPRM are summarized below: Petitions for Rulemaking The following table provides a brief summary of the petitions addressed in the NPRM and the affected sections. These petitions are included in the docket for this proceeding: ------------------------------------------------------------------------ Summary and affected Petition Petitioner section(s) ------------------------------------------------------------------------ P-1590..................... Dangerous Goods Remove the packing Advisory Council group (PG) II (DGAC). designation for certain organic peroxides, self- reactive substances, and explosives in the Sec. 172.101 Hazardous Materials Table (HMT). P-1591..................... Air Products and Amend the marking Chemicals, Inc. requirements 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 Service (UPS). instructions for certain shipments of nitric acid by requiring intermediate packaging for glass inner packagings (Sec. 173.158). P-1604..................... National Propane Extend the pressure Gas Association test and internal (NPGA). visual inspection test period to 10 years for certain MC 331 cargo tanks in dedicated propane delivery service (Sec. 180.407). P-1605..................... Compressed Gas Incorporate by Association (CGA). reference in Sec. 171.7 CGA G-1.6-2011, Standard for Mobile Acetylene Trailer Systems, Seventh Edition, copyright 2011 (Sec. Sec. 171.7 and 173.301). P-1609..................... Truck Trailer Clarify the Manufacturers requirements Association applicable to the (TTMA). testing of pressure relief devices for cargo tank motor vehicles (Sec. 180.407). ------------------------------------------------------------------------ NTSB Safety Recommendations The following table provides a brief summary of the NTSB recommendations addressed in the NPRM and the affected sections. These recommendations are included in the docket for this proceeding: [[Page 35485]] ------------------------------------------------------------------------ Recommendation Summary and affected section ------------------------------------------------------------------------ H-09-01.................... Modify 49 CFR 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 (Sec. 173.301). ------------------------------------------------------------------------ Amendments Based on PHMSA Review Revise Sec. 107.402(d)(1)(i) to replace the term ``citizen'' with the term ``resident.'' Revise Sec. 107.402(e) to require that a (cigarette) 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. Revise the Sec. 172.101 HMT to add Special Provision B120 to Column (7) for the entry ``Calcium nitrate, UN1454.'' Revise the Sec. 172.101 HMT to remove vessel stowage provision 24E from Column (10B) for the entry for ``Propellant, solid, UN0501.'' Revise the Sec. 172.101 HMT entry for ``Corrosive liquids, flammable, n.o.s., UN2920, PG II'' for consistency with the United Nations (UN) Model Regulations, International Maritime Dangerous Goods (IMDG) Code, and the International Civil Aviation Organization Technical Instructions (ICAO TI) such that this entry is eligible for the limited quantity exceptions. Revise the Sec. 172.101 HMT entry for ``Oxidizing solid, corrosive, n.o.s., UN3085, PG II'' 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 Sec. 172.101 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 Sec. 172.102, Special Provision 136 assigned to the proper shipping name ``Dangerous goods in machinery or apparatus, UN3363'' to include reference to subpart G of part 173. Remove reference to obsolete Special Provision 18 for the Sec. 172.101 HMT entry ``Fire extinguishers, UN1044'' 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 non-odorized 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 part 172, 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 Sec. 172.514(c) marking size requirements for an intermediate bulk container (IBC) that is labeled instead of placarded by replacing the bulk package marking reference 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. Clarify that the Sec. 173.24a(c)(1)(iv) requirements do not apply to limited quantities packaged in accordance with Sec. 173.27(f)(2). Clarify the Sec. 173.27(f)(2) quantity limits for mixed contents packages. Clarify the requirements applicable to bulk transportation of combustible liquids by adding a new subparagraph Sec. 173.150(f)(3)(xi) stating that the registration requirements in subpart G of part 107 are applicable and revising Sec. 173.150(f)(3)(ix) and (x) for punctuation applicable to a listing of requirements. Add a new paragraph (k) in Sec. 173.159 to allow shippers to prepare for transport and offer into transportation damaged wet electric storage batteries. 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 Sec. 173.225 Packing Method table for organic peroxide materials. Amend the Sec. 172.101 HMT bulk packaging section reference in Column (8C) from Sec. 173.240 to Sec. 173.216 for the entries ``Asbestos, NA2212,'' ``Asbestos, amphibole amosite, tremolite, actinolite, anthophyllite, or crocidolite, UN2212,'' and ``Asbestos, chrysotile, UN2590.'' In addition, we proposed 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 (h) to Sec. 173.314 to require odorization of liquefied petroleum gas when contained in rail cars and revise Sec. 173.315(b)(1) to address odorant fade and under- odorization in certain cargo tanks. Amend Sec. 173.306(k)(1) 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 does not apply to dedicated air ambulance, firefighting, or search and rescue operations. [[Page 35486]] Correct Sec. 175.8 by adding the appropriate 14 CFR part 125 citations. Clarify the Sec. 175.10 exceptions for passengers, crewmembers, and air operators in paragraphs (a)(18), (22), and (24) 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. II. Incorporation by Reference Discussion Under 1 CFR Part 51 The CGA G-1.6-2011, Standard for Mobile Acetylene Trailer Systems, Seventh Edition, copyright 2011 and the AAR Manual of Standards and Recommended Practices, Section C--Part III, Specifications for Tank Cars, Specification M-1002, (AAR Specifications for Tank Cars), December 2000 are available for interested parties to purchase in either print or electronic versions through the parent organization Web sites. The price charged helps to cover the cost of developing, maintaining, hosting, and accessing these standards. The specific standards are discussed in greater detail in the Comment Discussion (Mobile Acetylene Trailer Systems (P-1605) and NTSB Safety Recommendations H-09-01 and H-09-02) and Section-by-Section Review of Sec. 171.7. III. Comment Discussion In response to PHMSA's January 23, 2015 NPRM [80 FR 3787], PHMSA received comments from the following organizations and individuals (we include the referenced docket number in numerical order for each comment): ------------------------------------------------------------------------ Commenter Docket ID No. ------------------------------------------------------------------------ Anonymous........................ PHMSA-2013-0225-0013 Aaron Adamczyk................... PHMSA-2013-0225-0014 Girard Equipment, Inc............ PHMSA-2013-0225-0019 Truck Trailer Manufacturers PHMSA-2013-0225-0020, Association (TTMA). PHMSA-2013-0225-0068 Peter Weis....................... PHMSA-2013-0225-0021 Massachusetts Department of Fire PHMSA-2013-0225-0022 Services. Air Products and Chemicals, Inc.. PHMSA-2013-0225-0023 National Association of State PHMSA-2013-0225-0024 Fire Marshalls (NASFM). PHMSA-2013-0225-0029 Paul Berland..................... PHMSA-2013-0225-0025 Adrian Mendoza................... PHMSA-2013-0225-0026 Mary Shesgreen................... PHMSA-2013-0225-0027 Betts Industries, Inc............ PHMSA-2013-0225-0028 New Hampshire Office of the State PHMSA-2013-0225-0030 Fire Marshall. Shelley Brown.................... PHMSA-2013-0225-0031 Mary M Lane...................... PHMSA-2013-0225-0032 American Trucking Associations PHMSA-2013-0225-0033 (ATA). National Transportation Safety PHMSA-2013-0225-0034 Board (NTSB). URS Corporation.................. PHMSA-2013-0225-0035 The Compressed Gas Association PHMSA-2013-0225-0036, (CGA). PHMSA-2013-0225-0052 Marnelle Curtis.................. PHMSA-2013-0225-0037 Frack Free Illinois.............. PHMSA-2013-0225-0038 Battery Council International PHMSA-2013-0225-0039 (BCI). Riki Ott......................... PHMSA-2013-0225-0040 Anonymous........................ PHMSA-2013-0225-0041 Stephanie Bilenko................ PHMSA-2013-0225-0042 Doug Ower........................ PHMSA-2013-0225-0043 Beverley......................... PHMSA-2013-0225-0044 Gloria Charland.................. PHMSA-2013-0225-0045 Institute of Makers of Explosives PHMSA-2013-0225-0046 (IME). National Association of Chemical PHMSA-2013-0225-0047 Distributors (NACD). Utility Solid Waste Activities PHMSA-2013-0225-0048, Group (USWAG). PHMSA-2013-0225-0069 Public.Resource.Org, Greenpeace PHMSA-2013-0225-0049 USA. Chlorine Institute............... PHMSA-2013-0225-0050 American Coatings Association PHMSA-2013-0225-0051 (ACA). American Chemistry Council (ACC). PHMSA-2013-0225-0053 International Association of Fire PHMSA-2013-0225-0054 Chiefs (IAFC). Dangerous Goods Advisory Council PHMSA-2013-0225-0055 (DGAC). Dow Chemical Company............. PHMSA-2013-0225-0056 United Parcel Service (UPS)...... PHMSA-2013-0225-0057 Veolia ES Technical Solutions, PHMSA-2013-0225-0058 LLC (Veolia). Council on Safe Transportation of PHMSA-2013-0225-0059 Hazardous Articles (COSTHA). James Scott...................... PHMSA-2013-0225-0060 National Propane Gas Association PHMSA-2013-0225-0061 (NPGA). Anonymous........................ PHMSA-2013-0225-0062 Association of American Railroads PHMSA-2013-0225-0063 (AAR). Harv Teitelbaum.................. PHMSA-2013-0225-0064 [[Page 35487]] Marvin Feil...................... PHMSA-2013-0225-0065 Reusable Industrial Packaging PHMSA-2013-0225-0066 Association (RIPA). Jones Chemical, Inc.............. PHMSA-2013-0225-0067 Sporting Arms and Ammunition PHMSA-2013-0225-0070 Manufacturers Institute, Inc. (SAAMI) Trammo, Inc...................... PHMSA-2013-0225-0073 ------------------------------------------------------------------------ A discussion of the comments and PHMSA's position regarding action in this final rule is provided below. We begin with a discussion of comments on the proposals to revise the HMR based on petitions for rulemaking and NTSB Safety Recommendations. Note that additional comments are addressed in the Section-by-Section Review. Further, we discuss comments and proposals not adopted under this final rule, later discussing comments that are outside the scope of the proposals of this rulemaking. A. Petitions for Rulemaking and NTSB Safety Recommendations Amendments to the HMR for Organic Peroxides, Self-Reactive Substances and Explosives (P-1590) The DGAC submitted a petition (P-1590) requesting 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). The DGAC states that organic peroxides, self-reactive substances, and explosives are not assigned a packing group in accordance with either the HMR or international regulations. 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. The DGAC asserts that the presence of a PG assignment for these entries is a constant source of confusion that leads to frustration of shipments, further indicating that the 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.'' The 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. Furthermore, the DGAC also states that the HMR are inconsistent with international regulations, as a PG is not indicated for these materials in their respective hazardous materials (dangerous goods) tables. 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: Thus, 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. The DGAC states that removing the PG for these materials from the HMT would impose no additional costs and would, in fact, result in a net savings since many unnecessary delays in hazardous material shipments would be avoided. However, the DGAC did not provide a specific figure for the anticipated net savings. The 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 the NPRM, PHMSA proposed 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) as requested in the petition. We agree with the petitioner 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. PHMSA solicited comment on the safety implications and net benefits of such a change and, as a result, received three comments from ACA, IME, and DGAC in support of the proposed revision. The ACA commented that international harmony is vitally important and will help maintain the exemplary safety record for the transport of hazardous materials. In its comments, IME stated that in a letter to PHMSA dated June 20, 2012, it supported the petition submitted by DGAC, acknowledging that ``IME has encountered enforcement officials' confusion over not showing the packing group on Class 1 shipping papers, as is allowed by regulation. Shipping paper violations can lead to out-of-service orders and have serious consequences to IME members' ability to operate as a motor carrier or hold special permits and approvals.'' IME noted that its ``experience has not changed in the intervening time period, and we continue to support the position advocated by DGAC. We believe that the action being contemplated by PHMSA will eliminate the confusion that is engendered by the current default assignment.'' IME further commented that the removal of the PG II designation would not result in the incorrect packaging of Class 1 explosives in other than an approved package because of the Sec. 173.60(a) requirement that a packaging used for Class 1 (explosives) materials must meet the PG II requirements. In addition to its supporting comments, IME requested that shippers who currently include the PG designation on shipping papers continue to be able to do so without risk of incurring a violation. Taking into account the reasons for the removal of the PG II designation from Column (5) of the HMT for organic peroxides, self- reactive substances, and explosives, PHMSA disagrees with IME that shippers should be provided the option of electively indicating a PG on a shipping paper for a HMT entry that is no longer assigned a PG designation. PHMSA believes that allowing this practice would continue to perpetuate confusion and result in the continued frustration of shipments. Further, allowing a PG on a shipping paper for a HMT entry that is not assigned a PG designation for domestic transportation would not be in alignment with, and would continue to constitute a violation of, international regulations for international transportation. For these reasons, we are revising Column (5) of the HMT as proposed in the NPRM without an exception to voluntarily apply the PG II designation on a shipping paper. [[Page 35488]] Marking Requirements for Poison-by-Inhalation Materials (P-1591) Air Products and Chemicals, Inc. submitted a petition (P-1591) requesting that PHMSA amend the marking requirements for poison-by- inhalation hazard (PIH) materials that are shipped in accordance with the IMDG Code or Transport Canada's Transportation of Dangerous Goods (TDG) Regulations. Specifically, the petitioner requested that PHMSA modify Sec. 171.23(b)(10)(iv)(A) and (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. 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) [i.e., the HMR] and placarded as required by subpart F of part 172. The petitioner stated 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, the remainder of the sentence states that the marking must be ``in the manner specified in Sec. 172.313(c) of this subchapter,'' which provides 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 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 indicated that the inconsistency of Sec. Sec. 171.23(b)(10)(iv)(A) and (B) and 172.313(c) is a source of confusion. Air Products and Chemicals, Inc. also identified a potential discrepancy when transporting internationally to or from the United States in accordance with Sec. 171.23, as 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 the 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 that it has 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. Air Products and Chemicals, Inc. provided neither a specific cost figure for these frustrated shipments nor the anticipated net savings of a regulatory change. In the NPRM, PHMSA stated that 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 the 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, handling costs, and transit time while maintaining an acceptable level of hazard communication for PIH materials. Therefore, PHMSA proposed to amend Sec. 171.23(b)(10)(iv)(A) and (B) by removing the phrase ``regardless of the total quantity contained in the transport vehicle or freight container'' from each subparagraph. In the NPRM, PHMSA solicited comment on the safety implications of such a change, as well as the net benefit (e.g., a decrease in the number of frustrated shipments). We received only positive comments on this proposal. Air Products and Chemicals, Inc. supported the proposed change and commented: The safety of transporting PIH materials will actually be improved with this proposed regulation change. The effectiveness of hazard communication will not be reduced as the current UN marking requirement (for all quantities) provides no additional benefit from a hazard communication or emergency response perspective. What we do see is elimination of confusion and a requirement that would be much more consistent with the IMDG and TDG regulations, as well. We understand the importance of consistency between the regulations. Consistency goes a long way in eliminating confusion, especially in an emergency response situation when effective accurate communication is extremely important. The display of UN ID numbers on a transport vehicle for small individual quantities falsely gives the impression that there are large amounts of the hazardous material. In an Emergency Response situation, it is not wise to cause reactions that are based on a representation of a large quantity, when in fact, there is no large quantity. Effective emergency response is based both on knowledge of the hazards and knowledge of the quantity. The more consistency we have for hazard communication processes, the better. The DGAC also supported the proposed change and commented: This revision will eliminate confusion between the requirements for domestic shipments and international shipments. In addition, this revision is consistent with the goal to harmonize domestic regulations with the international requirements. For these reasons, we are revising Sec. 171.23(b)(10)(iv)(A) and (B) as proposed in the January 23, 2015 NPRM. Emergency Response Telephone Number (P-1597) The DGAC submitted a petition (P-1597) requesting that PHMSA amend the emergency response telephone number requirements to prohibit the use of alphanumeric telephone numbers and only permit numeric telephone numbers since, currently, the HMR does not specifically limit the telephone numbers to be numeric under Sec. 172.604(a). The DGAC stated that although telephone faces historically associated integers with letters (e.g., 2\ABC\), this is no longer the case in all instances. As a result, emergency response telephone numbers presented alphanumerically could cause undesirable delays in acquiring emergency response information in time-sensitive situations as the first responder would have to first convert letters to numbers. The DGAC further noted that PHMSA issued a letter of interpretation (Ref. No. 04-0032) confirming that alphanumeric presentation of an emergency response telephone number was acceptable but expressing concern about the delays it may cause. In the NPRM, PHMSA proposed the revision to Sec. 172.604(a) as outlined in [[Page 35489]] the petition and noted that the continued use of alphanumeric telephone numbers could cause unnecessary delays in emergency response situations. Additionally, PHMSA solicited comment on the cost implications of the proposed revision and, as a result, received four comments from AAR, ACA, ATA, and DGAC in support of this revision. The ATA commented that this revision will decrease chances of death or injury to transporters and emergency responders and that any minimal costs associated with transposing a number from its corresponding letter will be more than outweighed by the safety benefits. The ATA also noted that this revision will be beneficial to both non-English speakers and those unfamiliar with the traditional correspondence between numbers and letters on a telephone keypad. For these reasons, in this final rule we are revising Sec. 172.604(a) as proposed in the January 23, 2015 NPRM. Packaging Requirements for Nitric Acid (P-1601) The UPS submitted a petition (P-1601) requesting that PHMSA revise the packaging requirements for ground shipments of nitric acid basing the petition on four loading and sorting operation incidents that 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. The UPS noted that each incident involved the same packaging configuration--glass inner packagings within fiberboard outer packagings--and 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. The 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 and absorbent material. However, for concentrations of less than 90 percent nitric acid, the HMR permits 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. The UPS proposed that PHMSA change Sec. 173.158(e) to enhance the packaging requirements applicable to nitric acid in concentrations less than 90 percent. 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. The 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. In the NPRM, PHMSA proposed to require in Sec. 173.158(e) that when nitric acid, in concentrations less than 90 percent, 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. In addition, PHMSA solicited comment on whether or not the proposed packaging should be applied to other similar materials as well as on cost burdens from the increase in packaging requirements. PHMSA received four comments from ATA, James Scott, UPS, and Veolia in support of the proposed revision. Veolia commented that it is company policy to place the inner 2.5 L glass bottles in a poly pail intermediate packaging or the outer container must include a leak-proof poly liner, further stating that they have implemented the use of the additional intermediate packages as an additional precautionary safety measure to contain leaking nitric acid, should the inner glass bottle fail. After implementing these packaging procedures, Veolia has not had any incidents of leaking nitric acid initiating a fire, of fumes, or of leaking material breaching the outer packaging. James Scott commented that this packaging requirement would be a cost burden for companies that still pack nitric acid in glass and further noted that the addition of intermediate packagings and absorbent material may require current combination packagings to be modified. Mr. Scott suggested that this impact can be minimized if flexible intermediate packagings are allowed and that the word ``rigid'' should not appear as part of the requirement. PHMSA received only positive comments on this proposal. As proposed in the NPRM, the revised Sec. 173.158(e) requires that when placed in wooden or fiberboard outer packagings, the glass inner packagings must be packed in tightly-closed, non-reactive intermediate packagings, cushioned with a non-reactive absorbent material. The use of a flexible intermediate packaging is authorized, provided it can be tightly-closed and is non-reactive to the nitric acid. A ``rigid'' intermediate packaging was not proposed. Therefore, in this final rule, PHMSA is adopting the revision to Sec. 173.158(e) as proposed in the January 23, 2015 NPRM. PHMSA notes that we did not receive any comments in response to the NPRM solicitation asking that proposed packaging be applied to any other specific hazardous materials and therefore, we are limiting the revision to nitric acid as proposed. Pressure Test and Internal Visual Inspection Requirements for MC 331 Cargo Tanks (P-1604) The NPGA submitted a petition (P-1604) requesting that 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 requires periodic pressure testing and visual inspection every five years to remain in service; however, the 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. The NPGA states in its petition that the five-year requalification period for bobtails is a burden to the propane industry further stating 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 both the tank and the contents. Before a tank can be returned to service, it must be completely free of any water. The NPGA states that this removal from service hinders a propane company's operations. In 2001, the NPGA conducted
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