# Hazardous Materials: Response to Petitions From Industry To Modify, Clarify, or Eliminate Regulations

- **operation:** document
- **citation:** 83 FR 55792
- **title:** Hazardous Materials: Response to Petitions From Industry To Modify, Clarify, or Eliminate Regulations
- **source type:** rulemaking
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2018-11-07
- **effective on:** 2018-12-07
- **summary:** In this rulemaking, PHMSA is amending the Hazardous Materials Regulations in response to 19 petitions for rulemaking submitted by the regulated community to update, clarify, streamline, or provide relief from miscellaneous regulatory requirements. By adopting these deregulatory amendments, PHMSA is allowing more efficient and effective ways of transporting hazardous materials in commerce while maintaining an equivalent level of safety.
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- **source url:** https://www.federalregister.gov/documents/2018/11/07/2018-23965/hazardous-materials-response-to-petitions-from-industry-to-modify-clarify-or-eliminate-regulations
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Federal Register, Volume 83 Issue 216 (Wednesday, November 7, 2018) [Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)] [Rules and Regulations] [Pages 55792-55811] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2018-23965] [[Page 55791]] Vol. 83 Wednesday, No. 216 November 7, 2018 Part II Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration ----------------------------------------------------------------------- 49 CFR Parts 171, 172, et al. Hazardous Materials: Response to Petitions From Industry To Modify, Clarify, or Eliminate Regulations; Final Rule Federal Register / Vol. 83 , No. 216 / Wednesday, November 7, 2018 / Rules and Regulations [[Page 55792]] ----------------------------------------------------------------------- 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: Response to Petitions From Industry To Modify, Clarify, or Eliminate Regulations AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this rulemaking, PHMSA is amending the Hazardous Materials Regulations in response to 19 petitions for rulemaking submitted by the regulated community to update, clarify, streamline, or provide relief from miscellaneous regulatory requirements. By adopting these deregulatory amendments, PHMSA is allowing more efficient and effective ways of transporting hazardous materials in commerce while maintaining an equivalent level of safety. DATES: Effective date: This rule is effective December 7, 2018. Incorporation by reference date: The incorporation by reference of certain publications listed in this final rule is approved by the Director of the Federal Register as of December 7, 2018. Voluntary compliance date: November 7, 2018. Delayed compliance date: Unless otherwise specified, compliance with the amendments adopted in this final rule is required beginning November 7, 2019. FOR FURTHER INFORMATION CONTACT: Steven Andrews, (202) 366-8553, [email protected] , 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. Executive Summary II. Background A. Notice of Proposed Rulemaking B. Commenters III. Discussion of Amendments and Applicable Comments A. General Comments B. Comments Beyond the Scope of This Rulemaking C. Provisions Not Adopted in This Final Rule and Discussion of Comments D. Provisions Adopted in This Final Rule and Discussion of Comments 1. Cargo Tank Specification 2. Chlorine Institute Publications 3. International Label and Placard Consistency 4. Limited Quantities of Ammonium Nitrate by Vessel 5. Use of Combination Packages Tested With a Liquid 6. Shipping Names for Roadway Striping Vehicles 7. Toxic by Inhalation Tank Car Lifespan 8. Limited Quantity Pallets 9. Emergency Response Numbers 10. Units of Measurement for Limited Quantities of Ethyl Alcohol 11. Cylinder Valves and Protection Caps 12. Recordkeeping Requirements for Portable Tanks 13. Printing Tolerances for Labels and Placards 14. Incorporation of Department of Defense Standards 15. Service Pressure Marking for DOT 8 and DOT 8L Cylinders 16. Incorporation of CGA Publication 17. Use of Electronic Manifest 18. Marked Date of Manufacture on Composite IBCs 19. Basis Weight Tolerances for Liners and Mediums Used in the Manufacture of Specification UN 4G Fiberboard Boxes IV. Section-by-Section Review V. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Rulemaking B. Executive Order 12866, Executive Order 13563, Executive Order 13610, Executive Order 13771, 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. Executive Order 13609 and International Trade Analysis L. National Technology Transfer and Advancement Act List of Subjects I. Executive Summary In response to petitions for rulemaking submitted by the regulated community, PHMSA is amending the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to update, clarify, streamline, or provide relief from miscellaneous regulatory requirements. Specifically, PHMSA is: Incorporating by Reference (IBR) multiple publications from the Compressed Gas Association (CGA), the Chlorine Institute, and the Department of Defense (DoD). Revising the table in Sec. 180.407(g)(1)(iv) to make this section consistent with the applicable packaging specification (e.g., Sec. 178.347). Addressing inconsistencies with domestic and international labels and placards. Revising Sec. 173.150(g) include the use of the International System of Units (SI). Excepting 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. Allowing for combination non-bulk packagings that are tested and marked for a liquid hazardous material to be filled with a solid hazardous material. Including an additional hazardous material description for transport in roadway striping vehicles. Extending the service life of interim compliant toxic inhalation hazard (TIH) tank cars to the full service life of all other tank cars. Allowing the use of plastic, metal, or composite pallets to transport materials classed and marked as limited quantities. No longer mandating that excepted quantities comply with the emergency response telephone requirement. Harmonizing the recordkeeping requirements for portable tanks. Allowing for printing tolerances for labels and placards. Allowing electronic signatures for Environmental Protection Agency (EPA) manifest forms. No longer requiring the service pressure to be marked on Department of Transportation (DOT) 8 and 8L cylinders. Acknowledging 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. Revising the basis weight tolerance for fiberboard boxes from +/- 5% to +/- 10% from the nominal basis weight reported in the initial design qualification test report. II. Background A. Notice of Proposed Rulemaking On June 30, 2016, PHMSA (also ``we'' or ``us'') published in the Federal Register a notice of proposed rulemaking (NPRM) titled, ``Hazardous Materials: Miscellaneous Petitions for Rulemaking (RRR)'' under Docket No. PHMSA-2016-0102 (HM-219A). This deregulatory rulemaking action is part of PHMSA's retrospective review efforts that are designed to identify ways to improve the HMR. [[Page 55793]] 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. See 5 U.S.C. 553(e). PHMSA's rulemaking procedure regulations in 49 CFR 106.95 establish a process for persons to ask PHMSA to add, amend, or delete a regulation by filing a petition for rulemaking containing adequate support for the requested action. The HM-219A NPRM responded to 19 petitions for rulemaking submitted to PHMSA by various stakeholders. In the NPRM, we proposed to amend the HMR to update, clarify, or provide relief from miscellaneous regulatory requirements at the request of the regulated community. PHMSA received 26 public comments in response to the above amendments proposed in the June 30, 2016 NPRM. These comments are discussed in further detail in this final rule. B. Commenters The comment period for the June 30, 2016, NPRM closed on August 29, 2016. PHMSA received a total of 26 comments from 25 separate entities, seven of which submitted petitions discussed in the NPRM. PHMSA developed this final rule in consideration of the comments received to the public docket. The comments submitted to this docket may be accessed via http://www.regulations.gov . The following persons, companies, and associations submitted comments to the HM-219A NPRM: ------------------------------------------------------------------------ ------------------------------------------------------------------------ Aaron Adamczyk......................... https://www.regulations.gov/document?D=PHMSA-2015-0102-0011 0011. Alaska Airlines........................ https://www.regulations.gov/document?D=PHMSA-2015-0102-0010 0010. American Chemistry Council (ACC)....... https://www.regulations.gov/document?D=PHMSA-2015-0102-0016 0016. Association of American Railroads (AAR) https://www.regulations.gov/document?D=PHMSA-2015-0102-0022 0022. Association of Hazmat Shippers, Inc. https://www.regulations.gov/ (AHS). document?D=PHMSA-2015-0102- 0024. Clifford Bartley....................... https://www.regulations.gov/document?D=PHMSA-2015-0102-0026 0026. Council on Safe Transportation of https://www.regulations.gov/ Hazardous Articles (COSTHA). document?D=PHMSA-2015-0102- 0023. Dangerous Goods Advisory Council (DGAC) https://www.regulations.gov/document?D=PHMSA-2015-0102-0025 0025. Daniel Shelton......................... https://www.regulations.gov/document?D=PHMSA-2015-0102-0004 0004. Donald Hausmann........................ https://www.regulations.gov/document?D=PHMSA-2015-0102-0007 0007. Dow Chemical Company (Dow)............. https://www.regulations.gov/document?D=PHMSA-2015-0102-0015 0015. Fibre Box Association.................. https://www.regulations.gov/document?D=PHMSA-2015-0102-0006 0006. Healthcare Distribution Alliance (HDA). https://www.regulations.gov/document?D=PHMSA-2015-0102-0018 0018. Institute of Makers of Explosives (IME) https://www.regulations.gov/document?D=PHMSA-2015-0102-0013 0013. International Vessel Operators https://www.regulations.gov/ Dangerous Goods Association (IVODGA). document?D=PHMSA-2015-0102- 0020. Mark Borth............................. https://www.regulations.gov/document?D=PHMSA-2015-0102-0027 0027. National Propane Gas Association (NPGA) https://www.regulations.gov/document?D=PHMSA-2015-0102-0021 0021. Norris Cylinder........................ https://www.regulations.gov/document?D=PHMSA-2015-0102-0002 0002. Norris Cylinder........................ https://www.regulations.gov/document?D=PHMSA-2015-0102-0003 0003. Railway Supply Institute (RSI)--Railway https://www.regulations.gov/ Supply Institute Committee on Tank document?D=PHMSA-2015-0102- Cars (RSICTC). 0014. Reusable Industrial Packaging https://www.regulations.gov/ Association (RIPA). document?D=PHMSA-2015-0102- 0028. The Chlorine Institute................. https://www.regulations.gov/document?D=PHMSA-2015-0102-0019 0019. The Fertilizer Institute (TFI)......... https://www.regulations.gov/document?D=PHMSA-2015-0102-0017 0017. Truck Trailer Manufacturers Association https://www.regulations.gov/ (TTMA). document?D=PHMSA-2015-0102- 0012. VWR International, LLC................. https://www.regulations.gov/document?D=PHMSA-2015-0102-0005 0005. William Briner......................... https://www.regulations.gov/document?D=PHMSA-2015-0102-0008 0008. ------------------------------------------------------------------------ III. Discussion of Amendments and Applicable Comments Section III discusses the proposals that are being adopted, as well as those not being adopted, into the HMR as part of this rulemaking. A. General Comments This final rule, and the NPRM that preceded it, are part of PHMSA's retrospective regulatory review efforts, and is in response to petitions for rulemaking by the regulated community. Its intent is to update, clarify, or provide relief from miscellaneous regulatory requirements. The NPRM provided an opportunity for further public participation in the development of the regulatory amendments and promoted exchange of information and perspectives among the various stakeholders. PHMSA received comments from 25 entities. The comments were comprehensive and raised important issues to be addressed. PHMSA fully considered all comments in the development of this final rule. This final rule preamble contains a detailed description of the original proposals in the June 30, 2016 NPRM, a summary of the comments received, a response to those comments, and an explanation of PHMSA's decisions for each petition proposed in the NPRM. B. Comments Beyond the Scope of This Rulemaking This section discusses the comments to the HM-219A NPRM that provided suggestions for additional revisions that were not specifically addressed in the NPRM. Based on an assessment of the proposed changes and the comments received, PHMSA identified two comments as beyond the scope of this rulemaking action. PHMSA received a comment from the Association of American Railroads (AAR) related to petition P-1646 and the phase out of tank cars constructed of non-normalized steel. While PHMSA has accepted this petition for a future rulemaking, it is not being addressed in this final rule. PHMSA will use AAR's comments if a future NPRM is developed on the referenced petition P-1646. PHMSA also received a comment from Mr. Adam Adamczyk, who suggested that PHMSA incorporate by reference numerous standards from the American National Standards Institute (ANSI), American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE), American Society for Testing and Materials (ASTM), and the American Welding Society (AWS). PHMSA did not propose the incorporation of these standards in the NPRM and thus is not incorporating the standards in this final rule. However, PHMSA suggests the commenter submit a petition in accordance with Sec. 106.95 of the HMR for any IBR standards the [[Page 55794]] commenter would suggest including in a future rulemaking. C. Provisions Not Adopted in This Final Rule and Discussion of Comments This section discusses the changes proposed in the NPRM that are not being adopted in this final rule. In the preamble to the NPRM, PHMSA inadvertently included a section on petition P-1655 from the Dangerous Goods Trainers Association (DGTA). PHMSA did not propose any regulatory text and is therefore not addressing this petition at this time. PHMSA anticipates addressing this petition in a future rulemaking. D. Provisions Adopted in This Final Rule and Discussion of Comments This section discusses the changes proposed in the NPRM and the comments received in response. Based on an assessment of the proposed changes and the comments received, PHMSA is adopting the following provisions in this final rule. Also, to clearly identify the issues addressed in this rule, PHMSA provides the following list of adopted amendments discussed in this section: 1. Cargo Tank Specification In 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 entry in the Sec. 180.407(g)(1)(iv) test pressure table by beginning the entries with the phrase, ``[t]he test pressure on the nameplate (specification plate).'' PHMSA conducted a technical and policy review of the petition. Instead of modifying every test pressure entry as suggested by the petitioner, PHMSA proposed in the NPRM 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 proposed revisions aimed to 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. In response to the proposal, PHMSA received comments from Daniel Shelton, Truck Trailer Manufacturers Association (TTMA), and National Propane Gas Association (NPGA). NPGA noted a discrepancy in the preamble text and proposed regulatory text. Specifically, NPGA referenced the preamble text that identifies revisions to certain cargo tank specifications for hydrostatic testing of DOT 407, MC 304, and MC 307. However, NPGA noted that the proposed regulatory text adds the increased test pressure for all cargo tanks, rather than just those specifications identified in the preamble. NPGA requested that PHMSA resolve the discrepancy to ensure it is consistent with both the administration and the petitioner's intent. PHMSA agrees with the commenter and is adding to each entry the phrase, ``The test pressure on the name plate or specification plate, or 1.5 times the MAWP, whichever is greater.'' Daniel Shelton requested PHMSA adopt the increased test pressure requirements for MC 306 cargo tanks in addition to the proposed language. Specifically, the suggestion stemmed from industry confusion on the appropriate test pressure that should be used for cargo tanks. PHMSA agrees and, as stated above, is adding the revised language to all entries in Sec. 180.407(g)(1)(iv). TTMA supported the petition and the proposed amendment but noted a minor error in the table for the DOT 412 entry. TTMA believed this note should read: ``[t]he test pressure on the name plate or specification plate, or 1.5 times the MAWP, whichever is greater.'' PHMSA agrees with TTMA and is adding ``or'' as appropriate to the table in Sec. 180.407(g)(1)(iv). 2. Chlorine Institute Publications In 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 conducted a review of these publications and found them suitable to propose incorporation into the HMR. In the NPRM, PHMSA proposed 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. Emergency Kit ``A'' is designed for use with the standard DOT 3A480 and 3AA480 100 and 150-pound capacity cylinders in chlorine service only. Emergency Kit ``A'' contains devices and tools to contain leaks in and around the cylinder valve and in the side wall of chlorine cylinders. The Chlorine Institute Emergency Kit ``A'' is the only chlorine emergency kit for chlorine cylinders that is manufactured to the design specifications of the Chlorine Institute. Under certain circumstances U.S. DOT regulations permit transportation of a chlorine cylinder with an Emergency Kit ``A''. See 49 CFR 173.3(e). Chlorine Institute Emergency Kit ``B'' for Chlorine Ton Containers, Edition 11, Revision 1, July 2014. Emergency Kit ``B'' is designed for use with the standard DOT 106A500X chlorine ton container and can also be used with 110A500W in chlorine service. Emergency Kit ``B'' contains devices and tools to contain leaks in and around the ton container valves and in the side wall of ton containers. The Chlorine Institute Emergency Kit ``B'' is the only chlorine emergency kit for ton containers that is manufactured to the design specifications of The Chlorine Institute. Under certain circumstances U.S. DOT regulations permit transportation of a chlorine ton container with an Emergency Kit ``B''. See 49 CFR 173.3(e). Pamphlet 57, Emergency Shut-Off Systems for Bulk Transfer of Chlorine, Edition 6, June 2015. This pamphlet covers the recommended practices for emergency shut-off protection during chlorine transfers involving bulk containers. Pamphlet 168, Guidelines for Dual Valve Systems for Bulk Chlorine Transport, Edition 2, July 2015. The purpose of this pamphlet is to set 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 U.S. Department of Transportation (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 [[Page 55795]] appendix that includes valve manufacturer information. PHMSA received comments from the Chlorine Institute in relation to this petition. The Chlorine Institute supported PHMSA's incorporation of the IBR documents. The Chlorine Institute further believed that this would eliminate the need for certain special permits (specifically SP- 16102, which allows transportation of equipment designed in accordance with Edition 11, Revision 1, of the Emergency Kit ``B'' (B-Kit) instruction booklet). PHMSA agrees and is therefore adopting the changes in Sec. 171.7(l) to incorporate the most recent Chlorine Institute publications as proposed. 3. International Label and Placard Consistency In 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 United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations), the International Civil Aviation Organization Technical Instructions on the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), the International Maritime Dangerous Goods (IMDG) Code, or the Transport Canada Transportation of Dangerous Goods (TDG) Regulations. Upon 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, and are not likely to be onerous or costly for the regulated community. In the NPRM, PHMSA proposed 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, IMDG Code, or TDG Regulations. In response to the proposed changes in the NPRM, PHMSA received comments from Clifford Bartley, Council on the Safe Transport of Hazardous Articles (COSTHA), and International Vessel Operators Dangerous Goods Association (IVODGA). All commenters expressed support for PHMSA adopting these provisions as written. Additionally, COSTHA added that the proposed changes would not increase the burden on shippers. PHMSA agrees with the commenters and is therefore incorporating the changes in Sec. Sec. 172.519(f) and 172.407(f) of the HMR as proposed. 4. Limited Quantities of Ammonium Nitrate by Vessel In 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 will eliminate 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. Specifically, Horizon Lines identified having to reclassify ``UN1942, Ammonium nitrate'' products that would have previously shipped as ORM-D as being shipped under the limited quantities exception. Horizon Lines believes the HMR requires that ``UN1942, Ammonium nitrate, 5.1'' be moved under a United States Coast Guard (USCG) permit regardless of the quantity shipped. Upon 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). In the NPRM, PHMSA proposed an exception for ``UN1942, Ammonium nitrate'' when shipped as a limited quantity to require written notification to the USCG at least 24 hours prior to loading this type of cargo. In response to the proposed changes in the NPRM, PHMSA received comments from Clifford Bartley, Institute of Makers of Explosives (IME), COSTHA, and IVODGA. All commenters expressed support for PHMSA adopting these provisions. However, IME disagreed that the proposed exception should only apply to ``limited quantities'' of ``UN1942, Ammonium nitrate fertilizer.'' IME recommended that PHMSA extend the proposed exception to any amount of UN1942, not just limited quantities. IME's comment is outside the scope of the petition. One of the main justifications for supporting P-1624 was limiting the scope of the exception to ``limited quantities,'' as these materials were previously classed ORM-D at the same quantity limits and therefore were exempt from Sec. 176.11(e). It is also unclear from the comment what IME is proposing or why any exemptions should apply regardless of whether or not they are limited quantities. 5. Use of Combination Packages Tested With a Liquid In 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 (PG) I to be filled with a solid PG II hazardous material, a packaging rated for a liquid PG I to be filled with a solid PG III hazardous material, and a packaging rated for a liquid PG II to be filled with a solid PG III hazardous material. In the NPRM, PHMSA proposed to revise Sec. 173.24a(b)(3) to allow combination packages tested with liquids to transport solid materials. In response to the proposed changes in the NPRM, PHMSA received comments from COSTHA, Dangerous Goods Advisory Council (DGAC), Reusable Industrial Packaging Association (RIPA), and Donald Hausmann. Mr. Hausmann supported the proposed requirement, stating that these revisions would improve shipping options for solid material shippers without hindering safety concerns. In its comments, COSTHA stated it cannot support or oppose the proposed revision, as further clarification is needed on PHMSA's intentions for revising Sec. 173.24a(b)(1) and (3). Specifically, COSTHA indicated that the proposed regulatory language erroneously compares specific gravity to the gross mass of the package and vice versa. COSTHA provided the following language, which they believe PHMSA [[Page 55796]] intended to incorporate in this section: ``A Packing Group I packaging may be used for a Packing Group II material with a specific gravity not exceeding the greater of 1.8, or 1.5 times the specific gravity marked on the packaging, or with the gross mass of the package not exceeding 1.5 times the gross mass marked on the packaging, provided all the performance criteria can still be met with the higher specific gravity material.'' RIPA also noted that the proposed language to Sec. 173.24a as ``or gross mass of the package'' is inexact and confusing. RIPA commented that in most cases ``gross mass'' is not marked on package tested for a liquid. RIPA believed PHMSA should ensure that the upper limit of 400 kg net mass for the definition of non-bulk packages would not be exceeded when using this section. RIPA also noted that PHMSA specified in the preamble that the adoption of P-1625 was for combination packages; however, combination packages are not referenced in the proposed regulatory text of Sec. 173.24a. RIPA indicated their belief that combination packages were not eligible for filling provisions of solids in liquid rated packages because of safety concerns and that the exclusion of combination packages is correct if safety can be shown as a risk. PHMSA agrees with COSTHA's proposed language with respect to the gross mass of the package and is updating the language in this final rule to accurately reflect the intention of the NPRM. PHMSA is also adding a statement stating that ``packages shall not exceed 400 kg'' to ensure only non-bulk packages could be used in this section. PHMSA is also removing the text for single and composite (thus encompassing all non-bulk packages) to clarify that it was PHMSA's intent in the NPRM to allow for single, combination, and composite packages to be able to use this section. While RIPA did note some safety concerns with including combination packages in this section, PHMSA believes the concerns are unfounded. PHMSA believes the factors used to convert between the different packing groups correspond with the multiples between the drop test heights, accounting for the change in testing needed to certify a package for a greater weight at a lower packing group. 6. Shipping Names for Roadway Striping Vehicles In 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 meeting the definition of one or more hazard class that is not identified in the Table specifically by name, comprised of two or more hazardous materials in the same hazard class, must be described using an appropriate shipping description (e.g., `Flammable liquid, n.o.s.').'' Further, 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. In the NPRM, PHMSA proposed to add proper shipping names to the list of authorized materials in Sec. 173.5a(c)(1). PHMSA received no comments either supporting or opposing this proposal. Therefore, PHMSA is incorporating the changes to Sec. 173.5a(c)(l) as proposed to allow the shipping descriptions ``UN2735, Amines, Liquid, Corrosive, n.o.s., 8, III'' or ``Polyamines, Liquid, Corrosive, n.o.s., 8, III'' when used as a catalyst. 7. Toxic by Inhalation Tank Car Lifespan In 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 Federal Railroad Administration (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. (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. In the NPRM, PHMSA proposed 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. In response to the proposed changes in the NPRM, PHMSA received comments from American Chemistry Council (ACC), Railway Supply Institute (RSI), Dow Chemical, Railway Supply Institute Committee on Tank Cars (RSICTC), and DGAC. All commenters expressed support to extend the service life of TIH tank cars as proposed. RSICTC added that extending the service life of the TIH tank cars would provide an economic incentive for further investment in tank cars with at least a 50 percent improvement in crashworthiness. PHMSA agrees with the commenters and is therefore incorporating the changes in Sec. 173.31(e)(2)(iii) to remove the 20-year service life, which will extend the use of the interim compliant TIH tank cars to the full service life of all other tank cars as allowed in Sec. 215.203. PHMSA received a petition for rulemaking (P-1691) from the American Association of Railroads (AAR)/The Chlorine Institute/American Chemistry Council (ACC)/The Fertilizer Institute/Railway Supply Institute (RSI) on December 16, 2016, requesting that PHMSA revise the HMR to make the [[Page 55797]] ``interim'' tank car specifications issued as part of the HM-246 final rule be considered the ``final'' specifications. On September 18, 2017, PHMSA accepted the petition, and if a future NPRM is developed PHMSA will address the issue in that rulemaking. Please see the docket for P- 1691 \1\ for additional information. --------------------------------------------------------------------------- \1\ https://www.regulations.gov/docket?D=PHMSA-2016-0164 . --------------------------------------------------------------------------- 8. Limited Quantity Pallets In 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. In the NPRM, PHMSA proposed 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. In response to the proposed changes in the NPRM, PHMSA received comments from Healthcare Distribution Alliance (HDA), COSTHA, and DGAC. All commenters expressed support for the proposal. In addition, COSTHA specified that it should be reiterated that the hazardous materials should be compatible with the pallet material. PHMSA agrees and is revising Sec. 173.156(b)(2)(iii) to allow for the use of metal, plastic, or composite pallets to ship limited quantities of hazardous materials, provided the hazardous materials will not react with the pallet material. 9. Emergency Response Numbers In 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, suggesting that an emergency response telephone number no longer be required on a shipping paper for excepted quantities of hazardous materials. This change would be consistent with how PHMSA treats limited quantities of hazardous materials. Specifically, the petitioner asked PHMSA to revise Sec. 172.604(d)(1) so that it may be applicable to limited quantities and excepted quantities. This modification is justified because 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. In the NPRM, PHMSA proposed 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. In response to the proposed changes in the NPRM, PHMSA received comments from AAR, COSTHA, IVODGA, DGAC, Clifford Bartley, the Fertilizer Institute (TFI), HAD, and the Chlorine Institute. All commenters expressed support for the proposal. Therefore, PHMSA is incorporating the ch
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