{"operation":"document","citation":"85 FR 83366","title":"Hazardous Materials: Editorial Corrections and Clarifications","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-12-21","effective_on":"2021-01-21","summary":"This final rule corrects editorial errors and improves the clarity of certain provisions in the Hazardous Materials Regulations and PHMSA program and procedural regulations. The intended effect of this rulemaking is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this final rule are non-substantive changes and do not impose new requirements.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2020-23353.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2020-23353.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2020-23353","source_url":"https://www.federalregister.gov/documents/2020/12/21/2020-23353/hazardous-materials-editorial-corrections-and-clarifications","body":"Federal Register, Volume 85 Issue 245 (Monday, December 21, 2020) [Federal Register Volume 85, Number 245 (Monday, December 21, 2020)] [Rules and Regulations] [Pages 83366-83403] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2020-23353] [[Page 83365]] Vol. 85 Monday, No. 245 December 21, 2020 Part IV Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration 49 Parts 106, 107, et al. Hazardous Materials: Editorial Corrections and Clarifications; Final Rule Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Rules and Regulations [[Page 83366]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 106, 107, 171, 172, 173, 174, 175, 176, 177, 178, 179, and 180 [Docket No. PHMSA-2018-0082 (HM-260A)] RIN 2137-AF43 Hazardous Materials: Editorial Corrections and Clarifications AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule corrects editorial errors and improves the clarity of certain provisions in the Hazardous Materials Regulations and PHMSA program and procedural regulations. The intended effect of this rulemaking is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this final rule are non-substantive changes and do not impose new requirements. DATES: This final rule is effective January 20, 2021. FOR FURTHER INFORMATION CONTACT: Yul B. Baker Jr., Standards and Rulemaking Division, Office of Hazardous Materials Safety, (202) 366- 8553, PHMSA, East Building, PHH-10, 1200 New Jersey Avenue SE, Washington, DC 20590. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. Clarifying the Use of the Term ``Movement'' Within the HMR III. Section-by-Section Review of Changes IV. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Rulemaking B. Executive Order 12866 and DOT Regulatory Policies and Procedures C. Executive Order 13771 D. Executive Order 13132 E. Executive Order 13175 F. Regulatory Flexibility Act G. Unfunded Mandates Reform Act H. Paperwork Reduction Act I. Environmental Assessment J. Regulation Identifier Number (RIN) K. Executive Order 13609 and International Trade Analysis I. Background PHMSA reviews annually the Hazardous Materials Regulations (HMR; 49 Code of Federal Regulations (CFR) parts 171-180), as well as its program and procedural regulations to cure typographical errors, outdated addresses or other contact information, incorrect reference citations, and similar errors, which introduce confusion and lack of clarity for the reader. In this final rule, PHMSA is correcting typographical errors, incorrect regulatory references and citations, inaccurate office address(es), inconsistent use of terminology, misstatements of certain regulatory requirements, and inadvertent omissions of information. Further, within the scope of this rulemaking, PHMSA is revising the HMR and procedural regulations to make them easier to understand. For example, PHMSA frequently issues letters of clarification on the HMR at the request of stakeholders. Where opportunities present themselves, PHMSA adopts non-substantive clarifications into the regulations for the general benefit of regulated entities. Finally, the intended effect of this final rule is to enhance accuracy and reduce misunderstandings of the regulations. The amendments contained in this final rule are non-substantive changes that do not impose new requirements such that solicitation of public comment is unnecessary. Therefore, the final rule will be effective January 20, 2021. II. Clarifying the Use of the Term ``Movement'' Within the HMR Throughout the HMR, the term ``movement'' is used to describe a change in position or ``shifting'' of a package or its contents (i.e., inner packagings) in provisions that refer to handling or stowage on a transport vehicle to protect against damage to the package during transportation. However, ``movement'' is specifically defined in Sec. 171.8 as ``the physical transfer of a hazardous material from one geographic location to another by rail car, aircraft, motor vehicle, or vessel.'' In this context, use of the term ``movement'' is not appropriate when prescribing requirements for the safe handling or stowage of packages during transportation. Therefore, PHMSA is revising each instance of ``movement'' to either ``shifting'' or--for Sec. Sec. 173.31, 174.67, 176.89--``motion'' where the intended meaning is a change in position of the package or its contents rather than physical transfer of the package to a different geographic location. These changes are in the following sections: 172.102(c)(1) and (c)(3)--Special Provisions 384, 386, and B131(d); 173.3; 173.24; 173.31; 173.134; 173.150; 173.159; 173.166; 173.185; 173.219; 173.220; 173.222; 173.301b; 173.306; 173.308; 173.315; 174.67; 175.10, 176.89, 176.200; and 176.906. III. Section-by-Section Review of Changes In addition to the specific changes noted in Section II, the following is a section-by-section summary of the minor editorial corrections and clarifications made in this final rule. PHMSA is also making minor technical corrections throughout the HMR to align cross- references with current practice. Part 106 The authority to transport hazardous materials (hazmat) under the Federal Hazmat Transportation law is codified in 49 U.S.C. 5101 et seq. (Federal hazmat law). Previously, the statutory authority for HMR part 106 only referenced 49 U.S.C. 5101 through 5127. PHMSA is revising the referenced statutory authority for 49 CFR part 106 to include all sections of the Federal hazmat law, 49 U.S.C. 5101 through 5128. Additionally, PHMSA is updating the reference to its delegated authority by deleting 49 CFR 1.53 and adding 49 CFR 1.81 and 1.97. These changes accurately reference the sections in 49 CFR part 1 where the Secretary delegates authority to the PHMSA Administrator. Part 107 Section 107.117 This section provides emergency processing information. PHMSA is updating the Federal Aviation Administration (FAA) office name and contact information in Sec. Sec. 107.117(d)(1) and (d)(2). Section 107.125 This section provides the criteria to submit an appeal to the Associate Administrator. Section 107.125(a)(1) ends by repeating the text of paragraph (a)(2). PHMSA is removing the repetitive text from paragraph (a)(1). Specifically, the text ``(2) state in detail any alleged errors of fact and law'' is removed. Section 107.329 This section establishes the maximum civil penalty requirements for violations of the Federal hazmat law. PHMSA created a new paragraph (c) to this section in the final rule, ``Oil Spill Response Plans and Information Sharing for High-Hazard Flammable Trains,'' 84 FR 6910 (Feb. 28, 2019). The final rule stated that ``[a]ny owner, operator, or person found to have violated a response plan or provision of 33 U.S.C. 1321(j), or any regulation or order issued thereunder, is subject to an administrative civil penalty under 33 U.S.C. 1321(b)(6), as adjusted by 40 CFR [[Page 83367]] 19.4.'' However, paragraph (c) was inadvertently deleted in a subsequent Department-wide final rule, ``Revisions to Civil Penalty Amounts,'' 84 FR 37059 (Jul. 31, 2019), which was issued by the Office of the Secretary in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74, 129 Stat. 599, codified at 28 U.S.C. 2461 note. PHMSA is reinserting paragraph (c) to correct for its inadvertent deletion. Part 171 Section 171.8 This section contains definitions for terms used in the HMR. PHMSA is revising the definition of ``reportable quantity'' to include a reference to ``Appendix A'' to the Hazardous Materials Table (HMT) at Sec. 172.101 and the specific table columns within Appendix A's tables. The current definition refers to ``the appendix;'' however, there are two appendices to the HMT: Appendix A, List of Hazardous Substances and Reportable Quantities, and Appendix B, List of Marine Pollutants. PHMSA now revises Sec. 171.8 to clarify that it references ``Appendix A'' to the HMT. Further, since Appendix A to the HMT contains two tables that list reportable quantity in different column locations, PHMSA is making clear in Sec. 171.8 that the reportable quantity in Table 1 comes from Column 2 and the reportable quantity in Table 2 comes from Column 3. Section 171.16 This section provides the requirements for detailed hazardous materials incident reports. PHMSA is revising and updating the FAA office name and contact information. Specifically, in paragraph (b)(2), the office name has changed from ``Security Field Office'' to ``Regional Office.'' In addition, the contact and website information are included to make it easier to locate the nearest FAA Regional Office. Part 172 Section 172.101 This section contains the HMT and explanatory text for each of the columns in the table. PHMSA makes corrections to the HMT information as follows: --In a final rule published January 19, 2011, HM-215K [76 FR 3308], PHMSA amended ``UN1655, Nicotine compounds, solid, n.o.s. or Nicotine preparations, solid, n.o.s.,'' by adding a ``G'' in Column (1). However, there are now two table entries for ``UN1655,'' one with the ``G'' in Column (1) and one without. Because the entry for ``UN1655'' without the ``G'' and its assigned values was mistakenly added in the HMT, PHMSA is removing the table entry without the ``G.'' Furthermore, for the entry with the ``G'' in Column (1), PHMSA is revising the proper shipping name to include a period at the end. As it reads currently, there is no period at the end of the ``n.o.s'' for ``Nicotine preparations.'' --In a final rule published January 19, 2011, HM-215K [76 FR 3308], the table entry for ``UN1810, Phosphorous oxychloride'' was amended to harmonize with international regulations as a Division 6.1 primary hazard material. The spelling of the hazardous material, ``Phosphorus oxychloride'' was inadvertently changed to ``Phosphorous oxychloride.'' PHMSA is revising the spelling of the material back to ``Phosphorus oxychloride'' for consistency with other phosphorus compounds listed in the table, with international standards, and because the entry is assigned a ``+'' in Column (1) which fixes the proper shipping to what is listed in the table. --For ``UN3291, Regulated medical waste, n.o.s. or Clinical waste, unspecified, n.o.s. or (BIO) Medical waste, n.o.s., or Biomedical waste, n.o.s. or Medical waste, n.o.s.,'' PHMSA is italicizing the ``or(s)'' in the hazardous materials description in Column (2) as the proper shipping name was removed and replaced with the current name featuring unitalicized ``or(s)'' in HM-215I [71 FR 78596], published December 29, 2006. The word ``or'' is not part of the proper shipping name and under Sec. 172.101(c)(2), an ``or'' in italics indicates that there is a choice of proper shipping names. --In a final rule published January 1, 2009, HM-215J [74 FR 2200], PHMSA amended the HMT entry for ``UN1046, Helium, compressed,'' by adding ``307'' to Column (8A) for reference to Sec. 173.307 packaging exceptions for compressed gases, but the amendment contained formatting errors and ``307'' is still not in Column (8A). Therefore, in this final rule, PHMSA is adding ``307'' to Column (8A) for this table entry. --In a final rule published June 2, 2016, HM-218H [81 FR 35483], PHMSA removed the packing group (PG) designation for ``NA0337, Toy Caps.'' However, in doing so, PHMSA inadvertently removed Special Provision 382, which was assigned to this entry in a final rule published on January 21, 2016, HM-233F [81 FR 3636]. Therefore, PHMSA is adding Special Provision 382 back to Column (7) for ``NA0337'' to correct the error. --In a final rule published June 21, 2001, HM-215D [66 FR 33316], PHMSA amended the entry ``NA8001, Dangerous Goods in Machinery or Dangerous Goods in Apparatus'' to read ``UN3363, Dangerous Goods in Machinery or Dangerous Goods in Apparatus'' with a classification as a Class 9 hazard. However, PHMSA did not include a ``9'' for the label code in Column (6) of the HMT, which reflects the hazard Class or Division assigned in Column (3). Therefore, in the interest of clarity, consistency, and to harmonize with international standards and regulations, PHMSA is modifying this entry to reflect a Class 9 label code. In addition, PHMSA is addressing a typo by removing a period after the letter ``A'' in Column (10A). --In a final rule published December 29, 1994, HM-215A [59 FR 67390], the Research and Special Programs Administration (RSPA), PHMSA's predecessor agency, added ``UN3252, Difluoromethane'' to the HMT with a reference to ``302'' in Column (8B) for authorized non-bulk packaging. This reference was an inadvertent transcription error and should have instead referenced ``304.'' Section 173.302 outlines authorized packaging and filling requirements for non-liquefied (permanent) compressed or absorbed gases (e.g., Argon). However, ``UN3252, Difluoromethane or Refrigerant gas R32'' is a liquefied compressed gas and would therefore be subject to the packaging and filling requirements found in Sec. 173.304 for liquefied compressed gases and not the inapplicable requirements found in Sec. 173.302. Therefore, PHMSA is correcting the table entry for ``UN3252'' to reflect ``304'' in Column (8B) and for consistency with other refrigerant gas entries in the table that refer to ``304'' (e.g., Refrigerant gas R 404A). Further, PHMSA is making the following minor edits to HMT entries which include, but are not limited to, removing extra spaces, removing or adding punctuations, and adding the correct unit of measure: --For ``UN2672, Ammonia solution, relative density between 0.880 and 0.957 at 15 degrees C in water, with more than 10 percent but not more than 35 percent ammonia,'' PHMSA is adding a space between ``5'' and ``L'' Column (9A) and between ``60'' and ``L'' in Column (9B). [[Page 83368]] --For ``UN1401, Calcium,'' PHMSA is adding a space between ``50'' and ``kg'' for the unit of measure in Column in (9B). --For ``UN2240, Chromosulfuric acid,'' PHMSA is adding a space between ``0.5'' and ``L'' in Column (9A) and between ``2.5'' and ``L'' in Column (9B). --For ``UN2209, Formaldehyde solutions, with not less than 25% formaldehyde,'' PHMSA is adding an ``L'' to indicate liters for the unit of measure in Column (9B), which is consistent with the original intent of the entry in final rule HM-215A [59 FR 67390], published December 29, 1994. --For ``UN3169, Gas sample, non-pressurized, toxic, n.o.s., not refrigerated liquid,'' PHMSA is removing the letter ``D'' in Column (10B) because it is not a code for vessel stowage or handling requirements for Column (10B) under Sec. 176.84, but rather a stowage location code meant for Column (10A) pursuant to Sec. 172.101(k). --For ``UN2814, Infectious substances, affecting humans,'' PHMSA is removing the space between ``UN'' and ``2814'' in Column (4). --For ``UN1056, Krypton, compressed,'' PHMSA is revising the table entry by shifting the information provided in the columns one column to the right starting with Column (7) to reflect the table entry as adopted in final rule HM-215J [73 FR 44804], published July 31, 2008. The information provided in Columns (7) through (10A) was inadvertently included in the wrong columns. --For ``UN3002, Phenyl urea pesticides, liquid, toxic,'' PHMSA is adding a comma between special provisions TP2 and TP27 in Column (7). --For ``UN3352, Pyrethroid pesticide, liquid toxic, PGII,'' PHMSA is adding a space between ``5'' and ``L'' in Column (9A) and between ``60'' and ``L'' in Column (9B); and for ``UN3352, Pyrethroid pesticide, liquid toxic, PGIII,'' PHMSA is adding a space between ``60'' and ``L'' in Column (9A) and between ``220'' and ``L'' in column (9B). Section 172.102 PHMSA published a final rule, HM-215K [76 FR 3308] on January 19, 2011. In this final rule, PHMSA added and assigned to the entry ``UN1267, Petroleum crude oil,'' special provision 357 to clarify that petroleum crude oil containing hydrogen sulfide in sufficient concentration that vapors evolved from the crude oil can present an inhalation hazard and must be transported under the entry ``Petroleum sour crude oil, flammable, toxic, UN3494'' when transported internationally. In addition, PHMSA added and assigned to the new HMT entry ``UN3494, Petroleum sour crude oil, flammable, toxic,'' special provision 343, which states that this HMT entry must be used for petroleum crude oil containing hydrogen sulfide in sufficient concentration that vapors evolved from the crude oil can present an inhalation hazard when transported internationally. When the final rule was published, PHMSA inadvertently left out specific language related to sour crude oil for special provision 343 and because of the omission, special provisions 343 and 357 contain duplicate language. Special provision 343 is only assigned to ``Petroleum sour crude oil, flammable, toxic,'' and so the reference to crude oil in that special provision could only apply to sour crude oil. Therefore, for clarity, PHMSA is revising special provision 343 to include a reference to ``sour crude oil.'' Section 172.202 This section provides the requirements for describing hazardous materials on shipping papers. In Sec. 172.202(b), the old shipping description sequence that started with the proper shipping name was authorized for use until January 1, 2013. The authorized period of use has ended and, therefore, PHMSA is removing the sunset provision from the paragraph as only the new sequence beginning with the UN number currently applies. Section 172.322 This section provides the marking requirements for marine pollutants. In the Sec. 172.322(e)(2)(i) introductory text, the U.S. standard unit for the length of each side of the marking for marine pollutants appearing after the metric unit is incorrectly converted to ``4'' inches. While U.S. standard units appearing in parenthesis are for informational purposes and are not intended to be the regulatory standard per Sec. 171.10(a), PHMSA is nonetheless correcting the conversion so that it properly reads ``3.9'' inches for consistency with the same conversion throughout the HMR (see e.g., Sec. Sec. 172.302(b)(1), 173.4a(g), 173.196(a)(3)). For the same reason, in Sec. 172.322(e)(2)(ii), PHMSA is correcting the U.S. standard unit to read ``9.8'' inches. Section 172.330 This section provides the marking requirements for tank cars and multi-unit tank car tanks. RSPA published a final rule on May 6, 1997, HM-215B [62 FR 24690], which revised numerous proper shipping names in the HMT by adding or removing the words ``compressed,'' ``inhibited,'' ``liquefied,'' and ``solution'' for consistency with proper shipping names used internationally, including removal of ``liquefied'' from the proper shipping name for ``Ammonia, anhydrous.'' However, in Sec. 172.330(a)(1)(ii), the proper shipping name for ``Ammonia, anhydrous'' still contains the word ``liquefied.'' Therefore, for consistency with the HMT, PHMSA is revising ``Ammonia, anhydrous, liquefied'' to read ``Ammonia, anhydrous.'' Section 172.400 This section provides the general labeling requirements for packages. In a final rule published January 23, 2008, [73 FR 3874], the U.S. Department of Health and Human Services (HHS) removed 42 CFR part 72. This part had governed the interstate shipment of etiologic agents and was removed because DOT already had in effect a more comprehensive set of regulations applicable to the transport in commerce of infectious substances, resulting in the etiologic agent label specified in the HHS regulations at 42 CFR 72.3 being discontinued. As such, PHMSA is removing the footnote for the label name ``Infectious Substance,'' which references the outdated etiologic agent label. Section 172.446 This section describes the Class 9 label requirements for miscellaneous hazardous materials. In a final rule published July 20, 2011, HM-218F [76 FR 43510], PHMSA revised the Class 9 label design mandated in paragraph (a) by removing the horizontal line running across the label at its midpoint that had been previously required to harmonize with international standards and avoid delays or frustration of shipments. This new labeling requirement was to go into effect on August 19, 2011; however, to deplete existing stocks of labels with this horizontal line, PHMSA provided in paragraph (c) that labels meeting the requirements in effect before August 19, 2011 could continue to be used until October 1, 2014. That transition period has since expired. Furthermore, in paragraph (b), PHMSA provided the option of using a solid horizontal line dividing the lower and upper half of the label consistent with the transition period specified in paragraph (c) of this section. However, with the expiration of the transition period, the solid line is no longer optional or allowed. Therefore, in this rule, PHMSA is deleting the last [[Page 83369]] sentence in Sec. 172.446(b), which indicated the solid line was optional for consistency and to avoid confusion, and PHMSA is removing the paragraph (c) transition period. Section 172.800 This section prescribes the requirements for development and implementation of plans to address security risks related to the transportation of hazardous materials in commerce. In Sec. 172.800(b), PHMSA is revising paragraphs (b)(1) through (b)(14) by replacing the semicolons at the end of each paragraph with periods as each is a standalone criterion for being subject to security plan requirements. Part 173 Section 173.27 This section provides the general requirements for transportation by aircraft. PHMSA is removing reference to the effective date of October 1, 2006 associated with the certification statement requirement in Sec. 173.27(i) because that date has passed. For the limited quantity combination package provisions found in Sec. 173.27(f)(2)(ii), PHMSA is removing the effective date of January 1, 2012, for packages to be marked with the limited quantity ``Y'' mark prescribed in Sec. 172.315 when conforming to Table 3 of Sec. 173.27(f)(3). PHMSA is also removing the transition dates allowing a package to be marked with the proper shipping name ``Consumer commodity'' and ``ORM-D-AIR'' \\1\\ (including ``Charcoal, NA1361) if it contains a consumer commodity. The effective dates and transition period have since passed and, therefore, PHMSA is removing these dates from Sec. 173.27. --------------------------------------------------------------------------- \\1\\ ORM-D-Air (other regulated materials for domestic transportation by air only) is an outdated marking reference that will be phased out December 31, 2020 in accordance with final rule HM-215K [78 FR 1101]. --------------------------------------------------------------------------- Section 173.29 This section provides exceptions and requirements for empty packagings. In a final rule published January 7, 2013, HM-215K [76 FR 3308], PHMSA adopted the new limited quantity provisions and the eventual phase out of the ORM-D hazard class to provide much of the same regulatory relief to limited quantities as was applied to consumer commodity ORM-D material (i.e., shipping papers, marking, packaging). Empty packagings of ORM-D material containing only the residue of a hazardous material are excepted from the HMR. However, PHMSA did not make this exception specifically applicable to empty packagings containing limited quantity material. PHMSA is accordingly revising Sec. 173.29(b)(2)(iv)(A) to include ``a limited quantity or an ORM-D material.'' Section 173.62 This section provides the specific packing requirements for explosives. In a recent final rule published January 21, 2016, HM-233F [81 FR 3636], PHMSA modified Packing Instruction 139 in the paragraph (c) Table of Packing Methods to adopt special permit DOT-SP 12335. The adoption of the special permit allowed for detonating cord to be packed without sealed ends. However, in making this change, PHMSA inadvertently removed the list of authorized inner and outer packagings for Packing Instruction 139. Therefore, PHMSA is amending Packing Instruction 139 to include the list of inner and outer packagings previously authorized. Further review led to discovery of other errors or sources of confusion, such as the packing method for outer packagings in Packing Instruction 130, which is formatted incorrectly due to inaccurate spacing. PHMSA is making technical revisions to the table throughout to correct formatting issues, harmonize inconsistent language, eliminate any possible confusion, and aid in ease of understanding by the reader of what types of inner, intermediate, and outer packagings are authorized. Section 173.121 This section provides the requirements for Class 3 assignment of packing groups. PHMSA is removing paragraph (c) because the transition deadline of January 1, 2012 has passed. Section 173.134 This section provides definitions and exceptions for Class 6, Division 6.2 hazardous materials. PHMSA is correcting the authority citation of the Food, Drug, and Cosmetic Act to read ``21 U.S.C. 301 et seq.'' in Sec. Sec. 173.134(b)(7) and 173.134(b)(16). PHMSA is also revising the term ``Agricultural products and food'' found in Sec. 173.134(b)(16) to read ``A raw agricultural commodity'' consistent with the statutory definition in 21 U.S.C. 321. The term ``product'' is not defined at 21 U.S.C Sec. 321 and, therefore, is an ambiguous term, which may cause confusion when considering applicability of the exception. Section 173.150 This section provides exceptions for Class 3 (flammable and combustible liquids). In a final rule published November 7, 2018, HM- 219A [83 FR 55792], PHMSA converted the measurements in paragraphs (g)(1)(iii) and (g)(2)(iii) from U.S. standard units to the International Standard of Units. In doing so, however, PHMSA did not round to the nearest whole number as is done in the rest of the HMR (see e.g., Sec. Sec. 173.151(b), 173.152(b), and 173.153(b)). Accordingly, in paragraphs (g)(1)(iii) and (g)(2)(iii), the unit of measurement for ``14.9 kilograms'' and ``29.9 kilograms'' is being rounded to read ``15 kilograms'' and ``30 kilograms'' to be consistent with other references to this unit of measurement and conversion in the HMR. Section 173.156 This section provides exceptions for limited quantity and ORM-D. In the section title, PHMSA inadvertently omitted the hyphen and the letter ``D'' in ``ORM;'' therefore, PHMSA is revising the section title to correct this error. Section 173.176 This section provides requirements specific to capacitors. In Sec. 173.176(g), PHMSA inadvertently left out the word ``subject'' in the sentence. PHMSA is therefore revising the paragraph to add the word ``subject'' following ``more than 20 Wh are'' to communicate the meaning of the paragraph requirements. Section 173.197 This section provides requirements for regulated medical waste (RMW). These include requirements for non-bulk packagings used as sharps containers of RMW (Sec. 173.197(b)), large packagings with an inner packaging used as sharps containers of RMW (Large Packagings) (Sec. 173.197(c)), and wheeled carts (Carts) or bulk outer packagings (BOPs) with an inner packaging used as sharps containers of RMW (Sec. 173.197(d)(1)(i)). Paragraph (e) of Sec. 173.197 requires sharps packagings for Large Packagings, Carts, or BOPs to be capable of meeting the requirement in 49 CFR part 178, subpart M ``Testing of Non- bulk Packagings and Packages,'' at the packing group II (PG II) level. Section 178.600 states that 49 CFR part 178, subpart M prescribes certain testing requirements for performance-oriented packagings identified in 49 CFR part 178, subpart L ``Non-bulk Performance- Oriented Packaging Standards.'' The tests and packagings prescribed in the HMR are authorized for non-bulk packagings only. Therefore, the HMR effectively limits the size of sharps [[Page 83370]] containers to non-bulk by relying on the testing requirements in 49 CFR part 178, subpart M. Recently, PHMSA has received inquiries from regulated entities asking if they can test bulk sharps packagings using the non-bulk PG II test and place these bulk sharps packagings in Large Packagings, Carts, or BOPs. In response to these inquiries, PHMSA is amending this section to clarify that such testing is not consistent with the HMR. PHMSA is revising the introductory text in Sec. 173.197(e)(3) to state explicitly that only non-bulk sharps packagings may be transported in a Large Packaging, Cart, or BOP. Furthermore, in the Sec. 173.197(e) introductory text, PHMSA is deleting the transition date of ``After September 30, 2003'' as the date has passed. Finally, PHMSA inadvertently included duplicate language in Sec. 173.197(e)(2). PHMSA is removing the second occurrence of ``conforming to the provisions of subpart B of this part.'' Section 173.199 This section provides the provisions for Category B infectious substances. In this final rule, PHMSA is providing clarity on Sec. 173.199(a)(7). These requirements provide the name and telephone number of a person who is either knowledgeable about the material being shipped and has comprehensive emergency response and incident mitigation information for the material or who has immediate access to a person who possesses such knowledge and information on a written document or on the outer packaging. The paragraph (a)(7) requirements were first introduced in a NPRM published May 19, 2005 [70 FR 29170] as part of a harmonization effort with the 2005-2006 International Civil Aviation Organization Technical Instructions on the Transportation of Dangerous Good by Air (ICAO Technical Instructions), which require a telephone number of a person knowledgeable about the material be provided. One commenter to the NPRM expressed concern at the potential costs of monitoring a telephone number while a shipment was in transit. In the final rule published June 2, 2006, HM-226A [71 FR 32244], PHMSA clarified that its harmonization effort would not require that the telephone number be monitored at all times the hazardous material is in transportation, because that would be unduly burdensome, but that PHMSA did intend it to be monitored during a company's administrative office hours. Therefore, PHMSA is amending language in Sec. 173.199(a)(7) to clarify the parameters of monitoring the required telephone number consistent with the preamble of HM-226A. Section 173.301 This section provides the general requirements for shipments of compressed gases and other hazardous materials in cylinders, United Nations (UN) pressure receptacles, and spherical pressure vessels. On November 7, 2018, PHMSA published final rule HM-219A [83 FR 55792] responding to numerous petitions for rulemakings, including petition P-1641, which requested changes to cylinder valve requirements. In the final rule, PHMSA added Sec. 173.301(a)(11) to require cylinder valves to comply with the Compressed Gas Association (CGA) publication V-9, ``Compressed Gas Association Standard for Compressed Gas Cylinder Valves'' (2012 edition). However, CGA V-9 is limited in scope and does not apply to cylinder valves used with certain cylinders, such as valves used with nonrefillable cylinders (e.g., DOT 39). In issuing the HM-219A final rule, PHMSA intended for the cylinder valve requirements in paragraph (a)(11) to apply only to cylinder valves within CGA V-9's scope. It is otherwise impractical for CGA V-9 standards to apply to types of valves excluded from coverage in V-9. Therefore, PHMSA is amending paragraph (a)(11) to clarify that cylinder valves must comply with the applicable requirements in CGA V-9 and that the standard applies only to those cylinder valve types addressed in CGA V-9. In addition, Sec. 173.301(f)(3) currently incorrectly references a ``3AXX'' specification cylinder as an authorized cylinder. There is no such specification standard in 49 CFR part 178, but rather a specification for a ``3AAX'' cylinder, as found in Sec. 178.37. PHMSA is revising the incorrect reference to read ``3AAX.'' PHMSA is also deleting the transitional provision associated with the first requalification due after December 31, 2003, because sufficient time has passed to ensure all specification cylinders have been requalified. The longest possible requalification for any of these specification is 12 years (see Sec. 180.209). Section 173.304a This section provides additional requirements for shipments of liquefied compressed gases in specification cylinders. On June 13, 2005, PHMSA published final rule HM-218C [70 FR 34066] adopting miscellaneous amendments including removal of references in the Sec. 173.304a(a)(2) table to DOT 4, 4A, 9, 38, 40, and 41 specification cylinders that were no longer authorized or part of the HMR. In the HM- 218C final rule, PHMSA accordingly removed the phrase ``DOT-4A480'' from the entry ``Hydrogen sulfide,'' as a DOT-480 is a ``4A'' with a specific service pressure rating. The HM-218C final rule also meant to remove DOT-4A, but ``DOT-4A'' is still listed in the table for ``Hydrogen sulfide;'' therefore, PHMSA is removing it from the list of authorized DOT specification cylinders for ``Hydrogen sulfide.'' In addition, Note 14, which authorized the use of a DOT specification cylinder with a marked service of 480 psi until December 31, 2003, was only assigned to ``Hydrogen sulfide'' in the Sec. 173.304a(a)(2) table; since the transition date of December 31, 2003 has passed, PHMSA is removing the note. Section 173.307 This section provides exceptions for compressed gases. In a final rule published January 14, 2009, HM-215J [74 FR 2199], PHMSA amended Sec. 173.307(a)(5) to except manufactured articles or apparatuses meeting certain conditions from the requirements of the HMR. The conversion factor of limiting the amount of gas per package to 1 gram (0.35 ounce) is incorrect. PHMSA is revising the customary unit to read ``0.035 ounce.'' Section 173.314 This section provides the requirements for compressed gases in tank cars and multi-unit tank cars. In response to a Notice of Proposed Rulemaking (NPRM) [80 FR 3787] published January 23, 2015, PHMSA received comments from the National Propane Gas Association (NPGA) to clarify the use of the term ``offeror'' and ``shipper'' in Sec. 173.314(h)(2) because they believed this paragraph creates confusion by suggesting the terms have different meanings. In the HMR, the terms ``shipper'' and ``offeror (person who offers)'' are synonymous and often used interchangeably. In Sec. 173.314(h)(2) introductory text, PHMSA is replacing the word ``shipper'' with ``offeror'' to clarify that the responsibility for compliance with the odorant fade prevention requirements for liquefied petroleum gas applies to the person who offers the material into transportation. Since ``offeror'' is specifically defined in Sec. 171.8 (whereas ``shipper'' is not defined in that provision), PHMSA is using only the term ``offeror'' in paragraph (h)(2) for clarity. Section 173.315 This section provides the requirements for compressed gases in [[Page 83371]] cargo tanks and portable tanks. In Sec. Sec. 173.315(a)(2) and (h) tables, there are instances where the word ``do'' is listed in the respective tables without a clear understanding of what the word represents. For purposes of this section, PHMSA is clarifying that the word ``do'' is an abbreviation of the word ``ditto'' meaning ``same as above.'' Additionally, as discussed for Sec. 173.314 above, the NPGA asked PHMSA to clarify the use of the term ``offeror'' and ``shipper'' in Sec. 173.315(b)(2) because they believed this paragraph creates confusion by suggesting the terms have different meanings. In the HMR, the terms ``shipper'' and ``offeror (person who offers)'' are synonymous and often used interchangeably. In Sec. 173.315(b)(2) introductory text, PHMSA is replacing the word ``shipper'' with ``offeror'' to clarify that the responsibility for compliance with the odorant fade prevention requirements for liquefied petroleum gas applies to the person who offers the material into transportation. Since ``offeror'' is specifically defined in Sec. 171.8, unlike ``shipper,'' in this instance, PHMSA is using only the term ``offeror'' in paragraph (b)(2) for clarity. Section 173.335 This section provides the requirements for chemicals under pressure. In the second sentence of Sec. 173.335(a), cylinders filled with a chemical under pressure must be offered for transportation in accordance with the requirements of this section and Sec. 172.301. The reference to Sec. 172.301 is incorrect because it refers to Part 172 general marking requirements for non-bulk packagings rather than Part 173 general packaging requirements for shipments of compressed gases in Sec. 173.301. PHMSA is therefore revising the reference to read Sec. 173.301. Furthermore, PHMSA is moving the exception that these materials are not subject to the cylinder valve cap requirements in Sec. Sec. 173.301(a)(11) and (12) that was placed at the end of paragraph (a) up in the paragraph to be associated with the reference to Sec. 173.301 for greater ease of understanding. Section 173.415 This section provides requirements for authorized Type A packages for radioactive materials. In paragraph (a), until January 1, 2017, the HMR required an offeror of a Specification 7A package to maintain on file complete documentation of tests, engineering evaluations or comparative data showing construction methods, packaging designs, and construction materials complying with 7A specification requirements for at least one year from the latest shipment and to provide this to DOT upon request. After January 1, 2017, the offeror is subject to a two- year documentation requirement under one of two options specified in paragraphs (a)(1) and (a)(2). Because January 1, 2017, has passed, PHMSA is revising Sec. 173.415(a) introductory text to remove the language associated with requirements prior to January 1, 2017, to avoid any confusion on applicability. Section 173.435 This section provides the table for A 1 and A 2 values for radionuclides. On March 10, 1983, RSPA published final rule HM-169 [48 FR 10218], which changed the requirements for the transportation of radioactive materials by harmonizing the HMR with international regulations from the International Atomic Energy Agency (IAEA). These changes provided A 1 and A 2 values for radionuclides in a table along with their respective specific activities in Curie/gram (Ci/g). The final rule provided the standard textbook specific activity for natural rubidium, listed as Rb (nat), as 1.8 x 10 -8 Ci/g. On November 14, 1989, RSPA published an NPRM [54 FR 47454] under Docket HM-169A, proposing to expand the radionuclide list and include both Ci/g and TeraBequerel/gram (TBq/g) as units of measure for specific activity. These changes were in part due to the IAEA modifying its system for determining A 1 and A 2 values. Among the proposed changes, RSPA included an error for the specific activity of Rb (nat) in Ci/g with a positive exponent instead of a negative exponent. This led to PHMSA incorrectly converting to a value of 6.7 x 10\\6\\ for TBq/g). Thus, this error was codified under final rule HM-169A [60 FR 50292], published September 28, 1995, inaccurately stating a specific activity of 1.8 x 10\\8\\ Ci/g (6.7 x 10\\6\\ TBq/g). To correct this publication error and state the standard textbook values for natural rubidium, PHMSA is revising the specific activity information in t","truncated":true,"body_characters":117547}