{"operation":"document","citation":"81 FR 42609","title":"Hazardous Materials: Miscellaneous Petitions for Rulemaking (RRR)","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"proposed","official":true,"published_on":"2016-06-30","effective_on":null,"summary":"In response to petitions for rulemaking submitted by the regulated community, PHMSA proposes to amend the Hazardous Materials Regulations (HMR; 49 CFR parts 171 through 180) to update, clarify, or provide relief from miscellaneous regulatory requirements. Specifically, PHMSA is proposing amendments that include, but are not limited to, the following: Incorporating by Reference (IBR) multiple publications from both the Compressed Gas Association (CGA) and the Chlorine Institute; addressing inconsistencies with domestic and international labels and placards; permitting alternative testing for aerosols; no longer mandating that excepted quantities comply with the emergency response telephone requirement; allowing electronic signatures for Environmental Protection Agency (EPA) manifest forms; and no longer requiring the service pressure to be marked on Department of Transportation (DOT) 8 and 8L cylinders.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2016-15303.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2016-15303.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2016-15303","source_url":"https://www.federalregister.gov/documents/2016/06/30/2016-15303/hazardous-materials-miscellaneous-petitions-for-rulemaking-rrr","body":"Federal Register, Volume 81 Issue 126 (Thursday, June 30, 2016) [Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)] [Proposed Rules] [Pages 42609-42625] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2016-15303] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, 176, 178, and 180 [Docket No. PHMSA-2015-0102 (HM-219A)] RIN 2137-AF09 Hazardous Materials: Miscellaneous Petitions for Rulemaking (RRR) AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: In response to petitions for rulemaking submitted by the regulated community, PHMSA proposes to amend the Hazardous Materials Regulations (HMR; 49 CFR parts 171 through 180) to update, clarify, or provide relief from miscellaneous regulatory requirements. Specifically, PHMSA is proposing amendments that include, but are not [[Page 42610]] limited to, the following: Incorporating by Reference (IBR) multiple publications from both the Compressed Gas Association (CGA) and the Chlorine Institute; addressing inconsistencies with domestic and international labels and placards; permitting alternative testing for aerosols; no longer mandating that excepted quantities comply with the emergency response telephone requirement; allowing electronic signatures for Environmental Protection Agency (EPA) manifest forms; and no longer requiring the service pressure to be marked on Department of Transportation (DOT) 8 and 8L cylinders. DATES: Comments must be submitted by August 29, 2016. To the extent possible, PHMSA will consider late-filed comments as a final rule is developed. ADDRESSES: You may submit comments by identification of the docket number [PHMSA-2015-0102 (HM-219A)] by any of the following methods: Federal eRulemaking Portal: Go to http://www.regulations.gov . Follow the online instructions for submitting comments. Fax: 1-202-493-2251. 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, between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. Instructions: All submissions must include the agency name and docket number for this notice at the beginning of the comment. All comments received will be posted without change to the Federal Docket Management System (FDMS), including any personal information. Docket: For access to the dockets to read background documents or comments received, go to http://www.regulations.gov or DOT's Docket Operations Office (see ADDRESSES). To access and review The Chlorine Institute publications (1) Chlorine Institute Emergency Kit ``A'' for 100-lb. & 150-lb. Chlorine Cylinders, Edition 12, Revision 2, July 2014 go to https://bookstore.chlorineinstitute.org/iba-instruction-booklet-chlorine-institute-emergency-kit-a-for-100-lb-and-150-lb-chlorine-cylinders-166.html ; (2) Chlorine Institute Emergency Kit ``B'' for Chlorine Ton Containers, Edition 11, Revision 1, July 2014 go to https://bookstore.chlorineinstitute.org/mm5/merchant.mvc?Session_ID=832f559635b70c753d7a6780f4876094&Store_Code=ci2store&Screen=PROD&Product_Code=EPR_IB_B-HC& ; (3) Pamphlet 57, Emergency Shut-Off Systems for Bulk Transfer of Chlorine, Edition 6, June 2015 go to https://bookstore.chlorineinstitute.org/mm5/merchant.mvc?Session_ID=832f559635b70c753d7a6780f4876094&Store_Code=ci2store&Screen=PROD&Product_Code=SPHP0057-HC& ; and (4) Pamphlet 168, Guidelines for Dual Valve Systems for Bulk Chlorine Transport, Edition 2, July 2015 go to https://bookstore.chlorineinstitute.org/mm5/merchant.mvc?Session_ID=832f559635b70c753d7a6780f4876094&Store_Code=ci2store&Screen=PROD&Product_Code=SPHP0168-HC& . To access and review DoD publications include the following: (1) TB 700-2; NAVSEAINST 8020.8C; TO 11A-1-47: DoD Ammunition and Explosives Hazard Classification Procedures, 30 July 2012, go to https://www.ddesb.pentagon.mil/documents/?pg=subcont-internationalissuances ; and (2) DLAR 4145.41/AR 700-143/NAVSUPINST 4030.55D/AFMAN 24-210_IP/MCO 4030.40C: Packaging of Hazardous Materials, 21 April 2015 go to http://www.dla.mil/Portals/104/Documents/J5StrategicPlansPolicy/PublicIssuances/r4145.41.pdf . To access and review Compressed Gas Association (CGA) publications including ``CGA C-7-2014: Guide to Classification and Labeling of Compressed Gases, Tenth Edition'' and ``CGA V-9, 2012, Compressed Gas Association Standard for Compressed Gas Cylinder Valves, Seventh Edition'' go to https://www.cganet.com/customer/dot.aspx . FOR FURTHER INFORMATION CONTACT: Steven Andrews or Matthew Nickels, (202) 366-8553, Office of Hazardous Materials Standards, 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. Summary Review of Proposed Amendments III. Section-by-Section Review IV. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Rulemaking B. Executive Order 12866, Executive Order 13563, Executive Order 13610, 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. Executive Order 13609 and International Trade Analysis L. National Technology Transfer and Advancement Act I. Background The Administrative Procedure Act (APA) requires Federal agencies to give interested persons the right to petition an agency to issue, amend, or repeal a rule (5 U.S.C. 553(e)). Section 106.95 of the HMR contains the rulemaking procedures for persons to ask PHMSA (also ``we'' or ``us'') to add, amend, or delete a regulation by filing a petition for rulemaking containing adequate support for the requested action. In this NPRM, PHMSA proposes to amend the HMR in response to petitions for rulemaking submitted by shippers, carriers, manufacturers, and industry representatives. These proposed revisions are intended to reduce regulatory burdens while maintaining or enhancing the existing level of safety. We discuss the petitions and proposals in detail in Section II of this NPRM. The following is a brief summary of the proposed regulatory changes: Revise approved testing methods for aerosols. Revise a table related to cargo tank specifications. Update the IBR citation for chlorine tank cars. Address inconsistencies between international and domestic labels. Revise the vessel requirement to notify the Captain of the Port (COTP) to the presence of limited quantities of hazardous materials. Revise testing requirements for packages to allow liquids to be used in place of solid materials. Add a shipping description for roadway striping vehicles. Extend the service life of tank cars authorized under HM- 246 to the full service life of other tanks cars authorized under Sec. 215.203 of the Federal Railroad Administration (FRA) regulations. Permit the use of pallets made of non-wood materials for limited quantities. Revise requirements for when emergency response numbers are required for excepted quantities. Change units for limited quantities of ethyl alcohol to the International System of Units. [[Page 42611]] Propose changes concerning valve requirements for cylinders as outlined in ``CGA V-9-2012, Compressed Gas Association Standard for Compressed Gas Cylinder Valves, Seventh Edition.'' Incorporate CGA standard ``CGA C-7-2014, Guide to Classification and Labeling of Compressed Gases, Tenth Edition.'' Remove requirement for the marking of the service pressure on DOT 8 and DOT 8L cylinders. Revise recordkeeping requirements for certain cargo tanks certified in accordance with the ASME Code. Revise the printing tolerances for label and placard sizes. Incorporate Department of Defense (DoD) explosives manual into Sec. 171.7. Allow use of electronic manifest. Amend the HMR to acknowledge that the marked date of manufacture on a composite Intermediate Bulk Container (IBC) may differ from the marked date of manufacture on the inner receptacle of that IBC. Revise the basis weight tolerance provided in Sec. 178.516(b)(7) from 5 percent to 10 percent from the nominal basis weight reported in the initial design qualification test report for 4G boxes. II. Summary Review of Proposed Amendments A. Testing for Aerosols In its petition (P-1606), the Council on Safe Transportation of Hazardous Articles (COSTHA) requested that PHMSA allow alternative testing methods, such as those identified in Sections 6.2.4.2.2 and 6.2.4.3 of the United Nations (UN) Model Regulations, to the hot water bath test for aerosols currently found in Sec. 173.306(a)(3)(v) of the HMR. Specifically, COSTHA requested that Sec. 173.306(a)(3) be revised to allow the hot water bath test to be used for aerosols as is allowed in the UN Model Regulations. On February 22, 2016, PHMSA published a final rule under Docket HM- 233F entitled ``Adoption of Special Permits'' [81 FR 3635] incorporating special permits that allow for alternatives to the hot water bath test similar to those found in the UN Model Regulations. PHMSA believes these alternatives to the hot water bath test satisfy the intent of this petition and it is no longer necessary to propose any new regulatory text at this time. B. Cargo Tank Specification In its petition (P-1615), The Walker Group requested revisions to the table in Sec. 180.407(g)(1)(iv) to make this section consistent with the applicable packaging specification (e.g., Sec. 178.347). A cargo tank manufactured to the requirements of the applicable DOT specifications has to be tested in accordance with the HMR. Currently, the design specifications for cargo tanks in Sec. 178.320 contain general requirements applicable to all cargo tanks. The design specifications, including the test pressures for older cargo tanks that are no longer authorized for manufacture but still authorized for use, were last found in the 1985 edition of the HMR (e.g., MC 306--Sec. 178.341-7; MC 307--Sec. 178.342-7; MC 312--Sec. 178.343-7). This petition seeks to eliminate confusion by changing the regulations to allow the use of the marked test pressure on the cargo tank nameplate as the requalification test pressure and to amend every test pressure entry in the Sec. 180.407(g)(1)(iv) test pressure table by beginning the entries with the phrase, ``The test pressure on the nameplate (specification plate).'' PHMSA conducted both a technical and policy review of the petition, and instead of modifying every test pressure entry as suggested by the petitioner, PHMSA is proposing that revisions should only apply to certain cargo tank specifications (DOT 407, MC 304, and MC 307) to harmonize the periodic hydrostatic testing required by part 180 with the initial testing for the applicable packaging specification prescribed in part 178. The revisions should further clarify that test pressures (in case of periodic pneumatic testing required by part 180) are already consistent with the initial testing for the applicable packaging specification prescribed in part 178. C. Chlorine Institute Publications In its petition (P-1619), the Chlorine Institute requested that updates to publications currently listed in Sec. 171.7(l)-- specifically Sec. 171.7(l)(1), (2), (5), and (12)--and referenced in various sections of the HMR be incorporated by reference. PHMSA has conducted a review of these publications and found them suitable to propose incorporation into the HMR. Therefore, PHMSA is proposing to include the following updated documents in the referenced material: Chlorine Institute Emergency Kit ``A'' for 100-lb. & 150- lb. Chlorine Cylinders, Edition 12, Revision 2, July 2014. Chlorine Institute Emergency Kit ``B'' for Chlorine Ton Containers, Edition 11, Revision 1, July 2014. Pamphlet 57, Emergency Shut-Off Systems for Bulk Transfer of Chlorine, Edition 6, June 2015. Pamphlet 168, Guidelines for Dual Valve Systems for Bulk Chlorine Transport, Edition 2, July 2015. D. International Label and Placard Consistency In its petition (P-1620), Labelmaster Services requested revisions to the HMR to address inconsistencies between international and domestic labels and placards. Specifically, the petition requested revisions to Sec. Sec. 172.519(f) and 172.407(f) of the HMR to allow for the use of labels and placards conforming to the specifications in the UN Recommendations on the Transport of Dangerous Goods, the International Civil Aviation Organization (ICAO) Technical Instructions on the Safe Transport of Dangerous Goods by Air, the International Maritime Dangerous Goods (IMDG) Code, or the Transport Canada Transportation of Dangerous Goods (TDG) Regulations. After reviewing the petition, PHMSA found that the requested changes are likely to clarify some regulatory requirements and provisions that exist for the transportation of hazardous materials internationally, yet are not likely to be onerous or costly for the regulated community. Therefore, PHMSA is proposing revisions to Sec. Sec. 172.519(f) and 172.407(f) of the HMR to allow for the use of labels and placards conforming to the specifications in the UN Recommendations, ICAO Technical Instructions, the IMDG Code, or the Transport Canada TDG Regulations. E. Limited Quantities of Ammonium Nitrate by Vessel In its petition (P-1624), Horizon Lines, LLC requested that Sec. 176.415(b) be revised to except limited quantities of ``UN1942, Ammonium nitrate'' from requiring permission from the Captain of the Port (COTP) before being loaded or unloaded from a vessel at a waterfront facility. This petition for rulemaking is in response to previous changes to the HMR that eliminated the Other Regulated Materials Domestic (ORM-D) classification. Specifically, Horizon Lines expressed concern that while the change from ORM-D to limited quantities is good for harmonization and the industry overall, the change has had some unintended negative consequences for shippers and vessel operators, including ``UN1942, Ammonium nitrate'' products shipped as ORM-D having to be reclassified under the limited quantities exception. Currently, the HMR require that ``UN1942, Ammonium nitrate, 5.1'' be moved under a United States Coast [[Page 42612]] Guard (USCG) permit regardless of the quantity shipped. In its review of the petition, PHMSA found that shipping ``UN1942, Ammonium nitrate, 5.1'' as a limited quantity instead of ORM-D will put a higher burden of cost on both the shipper and the vessel operator, without increasing safety, because they must continue to abide by the requirements in Sec. 176.415(c)(4) to obtain a permit. Section 176.415(b) already provides exceptions for ``UN1942, Ammonium nitrate'' when shipped in a rigid packaging with a noncombustible inside packaging and ``UN2067, Ammonium nitrate fertilizer'' when the nearest COTP is notified at least 24 hours in advance of any loading or unloading in excess of 454 kg (1,000 pounds). Therefore, PHMSA is proposing an exception for ``UN1942, Ammonium nitrate'' when shipped as a limited quantity to require written notification to the USCG 24 hours prior to loading this type of cargo. F. Use of Combination Packages Tested With a Liquid In its petition (P-1625), HAZMATPAC requested the allowance of the shipment of solid materials in a package when that package has been tested with a liquid material. Currently, Sec. 173.24a(b)(3) allows a single or composite non-bulk packaging that is tested and marked for a liquid hazardous material to be filled with a solid hazardous material up to a gross mass in kilograms not exceeding the rated capacity of the packaging in liters, multiplied by the specific gravity of the packaging, or 1.2 if not marked. In addition, paragraphs (i), (ii), and (iii) allow a packaging rated for a liquid Packing Group I to be filled with a solid Packing Group II hazardous material, a packaging rated for a liquid Packing Group I to be filled with a solid Packing Group III hazardous material, and a packaging rated for a liquid Packing Group II to be filled with a solid Packing Group III hazardous material, all with slightly higher allowable gross masses of such solids. PHMSA conducted both a technical and economic policy review of the HAZMATPAC petition and found it to merit a rulemaking. Therefore, PHMSA is proposing to revise Sec. 173.24a(b)(3) to allow combination packages tested with liquids to transport solid materials. G. Shipping Names for Roadway Striping Vehicles In its petition (P-1634), 3M Company requested an amendment to the table in Sec. 173.5a(c)(l) to include an additional hazardous material description for transport in roadway striping vehicles. Specifically, 3M requested the addition of UN2735 ``Amines, Liquid, Corrosive, n.o.s., 8, III'' or ``Polyamines, Liquid, Corrosive, n.o.s., 8, III'' when used as a catalyst. The table in Sec. 173.5a(c)(1) currently lists ``UN3267, Corrosive liquid basic, organic, n.o.s.'' as a catchall for corrosive liquids while at the same time Sec. 172.101(c)(10)(iii) reads, ``A mixture or solution not identified in the Table specifically by name, comprised of two or more hazardous materials in the same hazard class, shall be described using an appropriate shipping description (e.g., `Flammable liquid, n.o.s.').'' The excerpt further states that commodities that can be described explicitly (not comprised of two or more hazardous materials) should be listed by ``the name that most appropriately describes the material,'' with the example being an alcohol not listed by its technical name in the table being described as ``Alcohol, n.o.s'' rather than ``Flammable liquid, n.o.s.'' Because an amine compound is the single hazardous corrosive component in 3M's pavement marking liquid, PHMSA believes this change will not result in measurable economic or safety impacts. Therefore, PHMSA is proposing to add proper shipping names to Sec. 173.5a(c)(1) to the list of authorized materials that can be used under this section. H. Toxic by Inhalation Tank Car Lifespan In its petition (P-1636), the Chlorine Institute requested that PHMSA extend the service life of interim compliant toxic inhalation hazard (TIH) tank cars to the full service life of all other tank cars as allowed in Sec. 215.203 of the FRA regulations. Specifically, the Chlorine Institute requested a revision to paragraph Sec. 173.31(e)(2)(iii), which specifies a 20-year allowable service life for tank cars transporting TIH materials that were built to specifications contemplated in the HM-246 rulemaking because of an expected delay of at least 8 to 10 years before a permanent TIH design standard and specification would be available from the Advanced Tank Car Collaborative Research Program (ATCCRP). Although the plain language of Sec. 173.31(e)(2)(iii) limits the authorized service life of tank cars meeting the relevant specifications to 20 years from the date of the cars' construction, the final rule in which PHMSA adopted this 20-year service life made clear that tank cars built to these specifications were intended as an interim solution to then-existing market conditions. See [74 FR 1770 (Jan. 13, 2009)]. These interim tank car specifications were intended to make immediate safety improvements in tank car construction and to ensure the ongoing availability of tank cars for the transportation of TIH materials while the Department moved forward with the development and validation of an enhanced performance standard for TIH tank cars and the incorporation of such an enhanced standard into the HMR. With the understanding of the interim nature of these cars, PHMSA intended the 20-year authorized service life to guarantee tank car owners a reasonable service life for the cars, even if the Department were to issue a new tank car standard in the years immediately following the 2009 final rule [74 FR 1770]. The Department is still working towards developing and implementing an enhanced performance standard for TIH materials tank cars. PHMSA's review of the petition found that there is likely economic merit in undertaking a rulemaking as requested. Therefore, PHMSA is proposing to revise Sec. 173.31(e)(2)(iii) to remove the 20-year service life, which will allow continued use of the interim compliant TIH tank cars to the full service life of all other tank cars, as allowed in Sec. 215.203. I. Limited Quantity Pallets In its petition (P-1638), Labelmaster Services requested a revision to the HMR that would allow the use of plastic or metal pallets to transport materials classed and marked as limited quantities. The petition specifically requested that PHMSA revise Sec. 173.156(b)(2)(iii), which specifies these materials be secured to a wooden pallet, to also specify that they could be secured to a plastic or metal pallet. PHMSA's review of the petition found that there is likely economic merit in undertaking a rulemaking as requested. In addition, a technical review of the petition found there should be no decrease in safety due to the proposed change. The changes suggested by this petition would allow transporters greater flexibility in their choice of pallets, with possible accompanying cost savings. Therefore, PHMSA is proposing to revise Sec. 173.156(b)(2)(iii) to allow for the use of metal, plastic, or composite pallets used to ship limited quantities of hazardous materials. J. Emergency Response Numbers In its petition (P-1639), Horizon Lines, LLC requested an exception to the requirement in Sec. 172.604(d)(1) to provide an emergency response telephone number in order to no longer require an emergency response telephone number be provided on a shipping paper for excepted quantities [[Page 42613]] of hazardous materials. This change would be consistent with how PHMSA treats limited quantities of hazardous materials. Specifically, the petition asked PHMSA to revise Sec. 172.604(d)(1) in order for it to be applicable to limited quantities and excepted quantities. This modification is justified in that excepted quantity weights are less than the already exempted limited quantity weights. In addition, this revision will harmonize the emergency response number requirements with the IMDG Code, which does not require an emergency response telephone number on the dangerous goods documentation (or anywhere else) for any excepted material; however, all hazardous materials, including those in excepted quantities, must comply with Section 5.4.3.2 of the IMDG Code, which requires emergency response information to be communicated in ways other than a phone number, such as a Safety Data Sheet (SDS). PHMSA's review of the petition found that there is likely economic merit in undertaking a rulemaking as requested without any decrease to safety. Therefore, PHMSA is proposing to revise Sec. 172.604(d)(1) to no longer require an emergency response telephone number on a shipping paper be provided for excepted quantities of hazardous materials. K. Units of Measurement for Limited Quantities of Ethyl Alcohol In its petition (P-1640), the Association of HAZMAT Shippers requested that the units of measure included in Sec. 173.150(g) be converted to the International System of Units, as they are expressed elsewhere in the HMR. The International System of Units is typically used in the manufacturing of inner receptacles. PHMSA's review of the petition found that there is likely economic merit in undertaking a rulemaking as requested without any decrease to safety. Therefore, PHMSA is proposing to revise Sec. 173.150(g) to convert measurements to the International System of Units. L. Cylinder Valves and Protection Caps In its petition (P-1641), CGA proposed to add new paragraphs Sec. 173.301(a)(11) and (12). The proposed changes concern valve requirements for cylinders as outlined in ``CGA V-9-2012, Compressed Gas Association Standard for Compressed Gas Cylinder Valves, Seventh Edition.'' Specifically, CGA requests that cylinder valves and cylinder valve protection caps manufactured on or after May 4, 2015, be required to conform to the requirements in ``CGA V-9-2012, Compressed Gas Association Standard for Compressed Cylinder Valves, Seventh Edition.'' Justifications for this request include ensuring standardization of cylinder valve designs and providing guidance to users on proper selection of valves. PHMSA's review of the petition found that there is likely economic merit in undertaking a rulemaking as requested without any decrease to safety. Therefore, PHMSA is proposing to add new paragraphs Sec. 173.301(a)(11) and (12) to the HMR to conform to the new standards for cylinder valves and caps as outlined in ``CGA V-9- 2012, Compressed Gas Association Standard for Compressed Gas Cylinder Valves, Seventh Edition.'' M. Recordkeeping Requirements for Portable Tanks In its petition (P-1644), HAZMAT Resources proposed to add text to Sec. 180.605(l) to address recordkeeping requirements for portable tanks. This revision would harmonize this recordkeeping requirement with Sec. 180.417(a)(3)(ii), which addresses recordkeeping requirements for certain cargo tank motor vehicles constructed and certified in accordance with the ASME Code. The petitioner recommends renaming Sec. 180.605(l) to Sec. 180.605(l)(1) and adding an additional Sec. 180.605(l)(2). This new section would include recordkeeping requirements in line with Sec. 180.417(a)(3)(ii). PHMSA agrees that not harmonizing recordkeeping requirements for portable tanks and cargo tank motor vehicles was an oversight and that this revision as proposed would provide an alternative means of compliance for portable tanks that has already been provided for cargo tanks. PHMSA believes there is likely economic merit in revising this section without a reduction in safety. The inclusion of a similar section in an already published Sec. 180.407(a)(3)(ii) increases the validity of this proposed change. Therefore, PHMSA is proposing to revise Sec. 180.605(l) to allow the owner of a portable tank to contact the National Board for a copy of the manufacture's data report, if the portable tank was registered with the National Board, or copy the information contained on the portable tanks specification plate and ASME Code data plates. N. Printing Tolerances for Labels and Placards In its petition (P-1650), Labelmaster Services proposed to revise Sec. Sec. 172.407(c) and 172.519(c) of the HMR to allow for printing tolerances for labels and placards. Labelmaster noted that the printing tolerances specified for the solid-line inner border that is parallel to the edge is extremely difficult to maintain with standard printing processes. After a policy review of the petition, PHMSA agrees with Labelmaster that the absence of a tolerance will increase printing costs, as well as lead to inconsistent enforcement practices and confusion on the part of businesses attempting to remain compliant, without providing any increase in safety or hazard communication. Therefore, PHMSA is proposing to revise Sec. Sec. 172.407(c) and 172.519(c) to add the word ``approximately'' to these sections to allow for printing tolerances with respect to the solid inner border for labels and placards. PHMSA believes that this simple fix and small change in the HMR could reduce costs with no degradation in safety. O. Incorporation of Department of Defense Standards In its petition (P-1651), the Department of Defense (DoD) Explosives Safety Board requested that PHMSA amend the citations in Sec. 171.7(o)(1) and (2) to include the latest detailed publications used by the DoD in its examination and classification of explosives. PHMSA reviewed and provided feedback to DoD on the proposed changes to the manuals. Updating this manual is essential to allowing the DoD to safely move explosives in the interest of national security. Therefore, PHMSA is proposing to incorporate these documents into the HMR as requested. P. Definitions for ``Basic Description'' and ``Shipping Description'' In its petition (P-1655), the Dangerous Goods Trainers Association (DGTA) proposed that PHMSA revise Sec. 171.8 to add definitions for ``Basic Description'' and ``Shipping Description.'' The DGTA specifically suggested that adding these definitions to the HMR will provide vital clarification to the meaning of these terms. The DGTA informed PHMSA that its members often receive questions from trainees about the terms ``basic description'' and ``shipping description,'' which are used to describe the information required on shipping papers in accordance with part 172, subpart C of the HMR--Shipping Papers. The petition proposes definitions be provided for ``basic description'' and ``shipping description'' in Sec. 171.8, along with amendments to the HMR to ensure that these terms are used consistently and appropriately. PHMSA believes there is likely merit in adding these definitions without a reduction in safety. Therefore, PHMSA is proposing definitions for [[Page 42614]] ``basic description'' and ``shipping description'' in Sec. 171.8 of the HMR. Q. Service Pressure Marking for DOT 8 and DOT 8L Cylinders In its petition (P-1656), Norris Cylinder proposed that PHMSA revise Sec. 178.35(f)(7) to no longer require the marking of the service pressure on DOT 8 and DOT 8L cylinders. After both a technical and policy review of the petition, PHMSA agrees with Norris Cylinder that it was never the intention to require the marking of the service pressure on DOT 8 and DOT 8L cylinders. Therefore, PHMSA is proposing to revise this section as requested by the petitioner. R. Incorporation of CGA Publication In its petition (P-1657), CGA proposed to IBR updates to the CGA publication ``CGA C-7-2014, Guide to Classification and Labeling of Compressed Gases, Tenth Edition'' currently listed in Sec. 171.7(n)(7). This IBR has been updated to meet requirements for the U.S. Occupational Health and Safety Administration (OSHA) and was previously incorporated into OSHA's regulations in 2012. The CGA is requesting that PHMSA permit the use of the 2014 edition of CGA C-7 to keep the DOT current with industry practices that are incorporated into Appendix A of C-7. PHMSA's review of the petition found that there are some editorial changes to the text of Appendix A in the 2014 edition that were added for clarity but do not impact the use of the required labels. Therefore, PHMSA is proposing the incorporation by reference of ``CGA C-7-2014, Guide to Classification and Labeling of Compressed Gases, Tenth Edition'' into the HMR. S. Use of Electronic Manifest In its petition (P-1659), COSTHA proposed to revise Sec. 172.205 to permit the use of electronic signatures when completing an EPA form 8700-22 and 8700-22A. PHMSA reviewed and concurred with this proposed change, believing there is likely merit without a reduction in safety. Therefore, PHMSA is proposing to add paragraph (j) to permit the use of electronic signatures when completing an EPA form 8700-22 and 8700-22A. T. Marked Date of Manufacture on Composite IBCs In its petition (P-1662), Rigid Intermediate Bulk Container Association of North America (RIBCNA) proposed to amend Sec. 178.703(b) to acknowledge that the marked date of manufacture on a composite IBC may differ from the marked date of manufacture on the inner receptacle of that IBC. The RIBCNA petitioned PHMSA to propose the substance of the UN adopted note, ``The date of manufacture of the inner receptacle may be different from the marked date of manufacture (see 6.5.2.1), repair (see 6.5.4.5.3) or remanufacture (see 6.5.2.4) of the composite IBC,'' as a final sentence in Sec. 178.703(b)(6)(i) to read as follows: ``The date of manufacture of the inner receptacle may be different from the marked date of manufacture required by Sec. 178.703(a)(1)(iv) or by Sec. 180.352(d)(1)(iv).'' After a review of the petition, PHMSA found that allowing the inner receptacle and the composite IBC to have different date markings will have no effect on the safety of the use and manufacture of IBCs. Integrating the proposed language into the current HMR will also bring rules governing markings of IBCs more in line with current international standards. Therefore, PHMSA is proposing a change to the HMR to allow the date of manufacture on the inner receptacle to be different than on the composite IBC. U. Basis Weight Tolerances for Liners and Mediums Used in the Manufacture of Specification UN 4G Fiberboard Boxes In its petition (P-1663), COSTHA requested PHMSA revise the basis weight tolerance provided in Sec. 178.516(b)(7) from +/-5 percent to +/-10 percent from the nominal basis weight reported in the initial design qualification test report. PHMSA conducted a review of the petition and found that the requested change is unlikely to affect safety in any way and is largely following industry practices. The realities of paper manufacturing are such that a wide range of basis weights can be found on any large enough sample of fiberboard run on the same line to the same specification. This revision would only modify the percentage threshold for the allowable nominal basis weight for fiberboard boxes and would not result in any fundamental changes to testing, recordkeeping, or approval processes by either PHMSA or the regulated community. Therefore, PHMSA is proposing to revise the basis weight tolerance provided in Sec. 178.516(b)(7) from +/-5 percent to +/-10 percent from the nominal basis weight reported in the initial design qualification test report. III. Section-by-Section Review Below is a section-by-section description of the changes being proposed in this NPRM. A. Section 171.7 Section 171.7 lists all standards incorporated by reference into the HMR that are not specifically set forth in the regulations. This NPRM proposes to incorporate by reference publications by the Chlorine Institute, the DoD, and the CGA. The Chlorine Institute publications include the following: 1. Chlorine Institute Emergency Kit ``A'' for 100-lb. & 150-lb. Chlorine Cylinders, Edition 12, Revision 2, July 2014. This publication is freely available on the Chlorine Institute Web site at: https://bookstore.chlorineinstitute.org/iba-instruction-booklet-chlorine-institute-emergency-kit-a-for-100-lb-and-150-lb-chlorine-cylinders-166.html . This publication provides instructions and illustrates the use of Chlorine Institute Emergency Kit 'A'. This booklet provides instructions for both generations of Emergency Kit 'A', those manufactured before 12/31/12 and after 1/1/13. It also includes complete parts list for both generations.; 2. Chlorine Institute Emergency Kit ``B'' for Chlorine Ton Containers, Edition 11, Revision 1, July 2014. This publication is available on the Chlorine Institute Web site at: https://bookstore.chlorineinstitute.org/mm5/merchant.mvc?Session_ID=832f559635b70c753d7a6780f4876094&Store_Code=ci2store&Screen=PROD&Product_Code=EPR_IB_B-HC& . This publication provides instructions and illustrates the use of Chlorine Institute Emergency Kit ``B.'' Includes complete parts list. Depictions of commonly used optional devices were added to this edition and numerous editorial revisions were made. In addition, instructions on how to apply both the current and previous kit devices of Emergency Kit ``B'' are included. 3. Pamphlet 57, Emergency Shut-Off Systems for Bulk Transfer of Chlorine, Edition 6, June 2015. This publication is available on the Chlorine Institute Web site at: https://bookstore.chlorineinstitute.org/mm5/merchant.mvc?Session_ID=832f559635b70c753d7a6780f4876094&Store_Code=ci2store&Screen=PROD&Product_Code=SPHP0057-HC& . This publication describes recommended practices for emergency shut-off protection during chlorine transfers involving bulk containers. 4. Pamphlet 168, Guidelines for Dual Valve Systems for Bulk Chlorine [[Page 42615]] Transport, Edition 2, July 2015. Pamphlet 168 is to be added to the HMR at Sec. 178.337-9. This publication is available on the Chlorine Institute Web site at: https://bookstore.chlorineinstitute.org/mm5/merchant.mvc?Session_ID=832f559635b70c753d7a6780f4876094&Store_Code=ci2store&Screen=PROD&Product_Code=SPHP0168-HC& . This publication sets forth performance/selection criteria that should be utilized in identifying dual valve systems for bulk chlorine transportation applications (i.e., tank cars, cargo tanks and barges). These configurations are intended to meet DOT and Transport Canada (TC) performance requirements. This pamphlet contains information pertaining to standardizations, performance/design criteria, operational considerations and installation considerations, as well as an appendix that includes valve manufacturer information. DoD publications include the following: 1. TB 700-2; NAVSEAINST 8020.8C; TO 11A-1-47: DoD Ammunition and Explosives Hazard Classification Procedures, 30 July 2012, into Sec. 173.56. This publication is freely available on the DoD Web site at: https://www.ddesb.pentagon.mil/docs/TB700-2.pdf . This publication sets forth detailed procedures for hazard classifying ammunition and explosives in accordance with DOT regulations, North Atlantic Treaty Organization guidelines, and United Nations recommendations. 2. DLAR 4145.41/AR 700-143/NAVSUPINST 4030.55D/AFMAN 24-210_IP/MCO 4030.40C: Packaging of Hazardous Materials, 21 April 2015 into Sec. 173.7. This publication is freely available on the DoD Web site at: http://www.dla.mil/Portals/104/Documents/J5StrategicPlansPolicy/PublicIssuances/r4145.41.pdf . This publication reissues establishes uniform policy for packaging hazardous materials for safe, efficient, and legal storage, handling, and transportation, to include Department of Transportation Special Permit (DOT-SP), Competent Authority Approval (CAA), Certificate of Equivalency (COE) and Packaging Waivers for Military Air in accordance with AR 700-15/NAVSUPINST 4030.28E/AFJMAN 24-206/MCO 4030.33E/DLAR 4145.7 (Reference (c)) and Defense Transportation Regulation (DTR) 4500.9- R-Part II, Cargo Movement (Reference (d)). CGA publications include the following: 1. ``CGA C-7-2014, Guide to Classification and Labeling of Compressed Gases, Tenth Edition. During the open comment period of this NPRM, this publication is freely available on the CGA Web site at: https://www.cganet.com/customer/dot.aspx . This publication states the general principles for labels and markings and give recommended minimum requirements for many hazardous gases and selected liquids. 2. CGA V-9, 2012, Compressed Gas Association Standard for Compressed Gas Cylinder Valves, Seventh Edition. During the open comment period of this NPRM, this publication is freely available on the CGA Web site at: https://www.cganet.com/customer/dot.aspx . This publication specifies general cylinder valve design, design qualification, required markings, and performance requirements such as operating temperature limits, pressure ranges, operating torque limits, and flow capabilities. Also provided are testing and maintenance requirements. B. Section 172.205 Section 172.205 describes the requirements for the use of hazardous waste manifest. This NPRM proposes to add paragraph (j) to permit the use of electronic signatures when completing an EPA form 8700-22 and 8700-22A. C. Section 172.407 Section 172.407 describes the label specifications for packages shipping hazardous materials under t","truncated":true,"body_characters":105618}