{"operation":"document","citation":"85 FR 75680","title":"Hazardous Materials: Adoption of Miscellaneous Petitions To Reduce Regulatory Burdens","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-11-25","effective_on":"2020-12-28","summary":"The Pipeline and Hazardous Materials Safety Administration (PHMSA) is amending the Hazardous Materials Regulations in response to 24 petitions for rulemaking submitted by the regulated community between February 2015 and March 2018. This final rule updates, clarifies, or provides relief from various regulatory requirements without adversely affecting safety. PHMSA also, as of the effective date of this final rule, withdraws its September 28, 2017 enforcement discretion regarding the phase-out of mobile refrigeration systems.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2020-23712.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2020-23712.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2020-23712","source_url":"https://www.federalregister.gov/documents/2020/11/25/2020-23712/hazardous-materials-adoption-of-miscellaneous-petitions-to-reduce-regulatory-burdens","body":"Federal Register, Volume 85 Issue 228 (Wednesday, November 25, 2020) [Federal Register Volume 85, Number 228 (Wednesday, November 25, 2020)] [Rules and Regulations] [Pages 75680-75717] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2020-23712] [[Page 75679]] Vol. 85 Wednesday, No. 228 November 25, 2020 Part III Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration ----------------------------------------------------------------------- 49 CFR Parts 107, 171, 172, et al. Hazardous Materials: Adoption of Miscellaneous Petitions To Reduce Regulatory Burdens; Final Rule Federal Register / Vol. 85 , No. 228 / Wednesday, November 25, 2020 / Rules and Regulations [[Page 75680]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 107, 171, 172, 173, 178, 179, and 180 [Docket No. PHMSA-2017-0120 (HM-219C)] RIN 2137-AF33 Hazardous Materials: Adoption of Miscellaneous Petitions To Reduce Regulatory Burdens AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Pipeline and Hazardous Materials Safety Administration (PHMSA) is amending the Hazardous Materials Regulations in response to 24 petitions for rulemaking submitted by the regulated community between February 2015 and March 2018. This final rule updates, clarifies, or provides relief from various regulatory requirements without adversely affecting safety. PHMSA also, as of the effective date of this final rule, withdraws its September 28, 2017 enforcement discretion regarding the phase-out of mobile refrigeration systems. DATES: Effective date: This rule is effective December 28, 2020. 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 28, 2020. Delayed compliance date: Except as provided by the compliance timelines set forth in this final rule in connection with petitions for rulemaking P-1646, P-1691 and P-1692, compliance with the amendments adopted in this final rule is required beginning November 26, 2021. FOR FURTHER INFORMATION CONTACT: Steven Andrews at (202) 366-8553 in the Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: Abbreviations and Terms AAR Association of American Railroads ACC American Chemistry Council ADR European Agreement Concerning the International Carriage of Dangerous Goods by Road AESC Association of Energy Service Companies AFSL American Fireworks Standards Laboratory APA American Pyrotechnics Association ASME American Society of Mechanical Engineers ASME BPVC ASME Boiler and Pressure Vessel Code ASTM American Society for Testing and Materials ATCCRP Advanced Tank Car Collaborative Research Program CEQ Council on Environmental Quality CFR Code of Federal Regulations Chemours The Chemours Company CI The Chlorine Institute CGA Compressed Gas Association COSTHA Council on Safe Transportation of Hazardous Articles CPC Casualty Prevention Circular CPSC Consumer Product Safety Commission DGAC Dangerous Goods Advisory Council DOT Department of Transportation EC European Community EPA Environmental Protection Agency EU European Union GIS Gentry Investigative Service GTTC Global Transport Tank Consultants HMR Hazardous Materials Regulations HMT Hazardous Materials Table (49 CFR 172.101) IAEA International Atomic Energy Agency IBC Intermediate Bulk Container ICAO International Civil Aviation Organization ICAO Technical Instructions ICAO Technical Instructions for the Safe Transport of Dangerous Goods IIAR International Institute of Ammonia Refrigeration IMDG Code International Maritime Dangerous Goods Code IME Institute of Makers of Explosives IVODGA International Vessel Operators Dangerous Goods Association JPG Jet Perforating Gun MAWP Maximum Allowable Working Pressure MTC UN Manual of Tests and Criteria NBIC National Board Inspection Code NFA National Fireworks Association NPRM Notice of Proposed Rulemaking OMB Office of Management and Budget PHMSA Pipeline and Hazardous Materials Safety Administration PIH Poison-by-Inhalation Hazard PRD Pressure Relief Device PSI Pounds per Square Inch PSIG Pounds per Square Inch Gauge RCRA Resource Conservation and Recovery Act RFI Request for Information RIA Regulatory Impact Analysis RID European Agreement Concerning the International Carriage of Dangerous Goods by Rail RIPA Reusable Industrial Packaging Association RSI Railway Supply Institute SBA Small Business Administration SFX Stage FX TC Transport Canada TCC AAR Tank Car Committee TFI The Fertilizer Institute TDG Transport of Dangerous Goods TPED Transportable Pressure Equipment Directive UN United Nations UN Model Regulations United Nations Recommendations on the Transport of Dangerous Goods: Model Regulations Unified Agenda Unified Agenda of Federal Regulatory and Deregulatory Actions Table of Contents I. Background II. Incorporation by Reference Discussion Under 1 CFR part 51 III. NPRM: Publication and Public Comments; Executive Order 13924 IV. Discussion of Amendments and Applicable Comments V. Section-by-Section Review VI. 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, Executive Order 13272, and DOT Procedures and Policies G. Paperwork Reduction Act H. Regulation Identifier Number (RIN) I. Unfunded Mandates Reform Act J. Environmental Assessment K. Privacy Act L. Executive Order 13609 and International Trade Analysis M. Executive Order 13211 N. National Technology Transfer and Advancement Act List of Subjects I. Background The Administrative Procedure Act \\1\\ requires Federal agencies to give interested persons the right to petition an agency to issue, amend, or repeal a rule. The Department of Transportation (DOT) and PHMSA implementing regulations at 49 Code of Federal Regulations (CFR) 5.13(c) and 106.95, respectively, allow persons to ask PHMSA to add, revise, or delete a regulation by filing a petition for rulemaking containing adequate support for the requested action. --------------------------------------------------------------------------- \\1\\ 5 U.S.C. 553 et seq. --------------------------------------------------------------------------- This final rule revises the Hazardous Materials Regulations (HMR \\2\\) in response to petitions for rulemaking submitted by shippers, carriers, manufacturers, and industry representatives. These revisions update, clarify, or provide relief from various regulatory requirements without adversely affecting safety. PHMSA discusses the petitions and revisions in detail in Section IV (Discussion of Amendments and Applicable Comments) of the preamble to this final rule. In this final rule, PHMSA is: --------------------------------------------------------------------------- \\2\\ 49 CFR parts 171-180. --------------------------------------------------------------------------- Revising Sec. 173.31 to prohibit the use of tank cars with shells or heads constructed of non-normalized steel in [[Page 75681]] the transportation of poison-by-inhalation hazard (PIH) materials by rail after December 31, 2020. Harmonizing availability of limited quantity shipping exceptions for more than 100 entries for corrosive materials in the Hazardous Materials Table (HMT, Sec. 172.101). Revising Sec. 172.302(b)(2) to allow a minimum height of 12 mm (0.47 inches) for a proper shipping name marked on a portable tank with a capacity of less than 3,785 L (1,000 gallons). Revising Sec. 173.28(c)(1)(i) to allow for regulatory flexibility for cleaning metal drums for reuse and clarifying the existing cleaning standard. Revising Sec. 173.5b to allow for the continued use of portable and mobile refrigerator systems placed into service prior to 1991 that are rated to a minimum service pressure of 250 pounds per square inch (psig). Incorporating by reference updated editions of multiple Compressed Gas Association (CGA) publications into Sec. 171.7. Removing the reference to special provision 103 in Sec. 172.101 from Column (7) for four HMT entries. Removing the words ``manufactured before September 1, 1995'' from Sec. 180.417(a)(3) to allow for an alternative report for cargo tanks manufactured after September 1, 1995. Revising the basis weight tolerance provided in Sec. 178.521 from 5 percent to 10 percent from the nominal basis weight reported in the initial design qualification test report for paper shipping sacks. Revising Sec. 173.308(d)(3) to harmonize with the International Maritime Dangerous Goods (IMDG) Code by removing the requirement for a closed transport container to have the warning mark ``WARNING--MAY CONTAIN EXPLOSIVE MIXTURES WITH AIR--KEEP IGNITION SOURCES AWAY WHEN OPENING'' when transporting lighters. Revising Sec. Sec. 173.244(a)(2) and 173.314(c) to make the ``interim'' rail tank car specifications the ``final'' specifications for the transportation of PIH materials. Revising Sec. 173.31 to prohibit the use of certain rail tank cars for the transportation of PIH materials after December 31, 2027. Allowing all waste materials to be managed in accordance with the lab pack exception and associated paragraphs in Sec. 173.12 irrespective of whether they meet the definition of a hazardous waste per Environmental Protection Agency (EPA) regulations implementing the Resource Conservation and Recovery Act (RCRA).\\3\\ --------------------------------------------------------------------------- \\3\\ 42 U.S.C. 6901 et seq. --------------------------------------------------------------------------- Incorporating by reference the 2017 edition of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code (BPVC) Sections II (Parts A and B), V, VIII (Division 1), and IX into Sec. 171.7. Revising Sec. Sec. 171.23, 173.302, and 173.304 to permit the import of filled pi-marked foreign pressure receptacles for intermediate storage, transport to point of use, discharge, and export as well as the import of certain pi-marked foreign pressure receptacles for filling, intermediate storage, and export. Revising Sec. 172.101(c) to clarify that the word ``stabilized'' must be included as part of the proper shipping name when stabilization is required for transportation. Revising Sec. 171.7(r) to update the address of the Institute of Makers of Explosives (IME) and to incorporate by reference the Association of Energy Service Companies (AESC)/IME Jet Perforating Gun (JPG) Standard, also known as the ``Guide to Obtaining DOT Approval of Jet Perforating Guns using AESC/IME Perforating Gun Specifications,'' Ver. 02, dated September 1, 2017. Incorporating by reference the January 1, 2018, edition of the American Pyrotechnics Association (APA) Standard 87-1 A, B, C, ``Standard for Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics,'' replacing the December 1, 2001 edition into Sec. 171.7. PHMSA discusses the petitions and revisions in detail in Section IV (Discussion of Amendments and Applicable Comments) of the preamble to this final rule. PHMSA also, as of the effective date of this final rule, withdraws its September 28, 2017, enforcement discretion regarding the phase-out of mobile refrigeration systems. II. Incorporation by Reference Discussion Under 1 CFR part 51 The European Union (EU) standards, the APA standards, and the AESC/ IME standards are free and accessible to the public on the internet, with access provided through the parent organization websites. The CGA and ASME references are available for interested parties to purchase in either print or electronic editions through the parent organization websites. The specific standards are discussed in greater detail in the section-by-section review (see Sec. 171.7). III. NPRM: Publication and Public Comments: Executive Order 13924 On August 14, 2019, PHMSA published a notice of proposed rulemaking (NPRM) in the Federal Register titled, ``Hazardous Materials: Adoption of Miscellaneous Petitions to Reduce Regulatory Burdens'' \\4\\ under Docket No. PHMSA-2017-0120 (HM-219C). The NPRM proposed revisions to the HMR in response to 24 petitions for rulemaking submitted to PHMSA by various stakeholders. PHMSA discusses these petitions and revisions in detail in Section IV (Discussion of Amendments and Applicable Comments) of the preamble to this final rule. --------------------------------------------------------------------------- \\4\\ 84 FR 41556 (Aug. 14, 2019). --------------------------------------------------------------------------- The comment period for the NPRM closed on October 15, 2019. PHMSA received a total of 49 sets of comments from 48 separate entities, 6 of which had submitted petitions that were the basis for HMR amendments proposed in the NPRM. There were no late-filed comments. An alphabetical list of the persons, companies, and associations that submitted comments to the HM-219C NPRM may be found in the below table: ---------------------------------------------------------------------------------------------------------------- Commenter name Docket No. ---------------------------------------------------------------------------------------------------------------- American Fireworks Standards Laboratory (AFSL).......... PHMSA-2017-0120-0050. American Chemistry Council (ACC), the Chlorine Institute PHMSA-2017-0120-0034. (CI), and The Fertilizer Institute (TFI). American Pyrotechnics Association (APA)................. PHMSA-2017-0120-0045. American Pyrotechnics Association (APA)................. PHMSA-2017-0120-0053. Association of American Railroads (AAR)................. PHMSA-2017-0120-0028. Anthony Munoz........................................... PHMSA-2017-0120-0016. Charles Wald............................................ PHMSA-2017-0120-0014. Chemours Company (Chemours)............................. PHMSA-2017-0120-0055. Compressed Gas Association (CGA)........................ PHMSA-2017-0120-0008. [[Page 75682]] Council on the Safe Transportation of Hazardous Articles PHMSA-2017-0120-0018. (COSTHA). Crazy Debbie's Fireworks, LLC........................... PHMSA-2017-0120-0049. Daniel Butt............................................. PHMSA-2017-0120-0039. David Carlson........................................... PHMSA-2017-0120-0012. Dangerous Goods Advisory Council (DGAC)................. PHMSA-2017-0120-0042. Dow Chemical Company.................................... PHMSA-2017-0120-0037. Fireworks by Grucci, Inc................................ PHMSA-2017-0120-0040. Fireworks Over America.................................. PHMSA-2017-0120-0027. Galaxy Fireworks, Inc................................... PHMSA-2017-0120-0026. Garrett's Fireworks..................................... PHMSA-2017-0120-0031. Gentry Investigative Service, LLC (GIS)................. PHMSA-2017-0120-0010. Global Transport Tank Consultants (GTTC)................ PHMSA-2017-0120-0007. ICON Pyrotechnics International......................... PHMSA-2017-0120-0035. Institute of Makers of Explosives (IME)................. PHMSA-2017-0120-0011. International Vessel Operators Dangerous Goods PHMSA-2017-0120-0017. Association (IVODGA). Inter-Oriental Fireworks (HK) LTD....................... PHMSA-2017-0120-0051. Jake's Fireworks........................................ PHMSA-2017-0120-0036. Huang Johnson........................................... PHMSA-2017-0120-0020. Matson.................................................. PHMSA-2017-0120-0013. Matthew Jones........................................... PHMSA-2017-0120-0054. National Fireworks Association (NFA).................... PHMSA-2017-0120-0047. NextFX.................................................. PHMSA-2017-0120-0023. NJP Engineering LLC..................................... PHMSA-2017-0120-0009. Owen Compliance Services................................ PHMSA-2017-0120-0015. Precocious Pyrotechnics................................. PHMSA-2017-0120-0046. Pyrotechnics Guild International, Inc................... PHMSA-2017-0120-0038. Pyrotechnics Guild International, Inc................... PHMSA-2017-0120-0041. Rebecca Thomas.......................................... PHMSA-2017-0120-0033. ResPyro--Kent Orwoll/VP Manufacturing................... PHMSA-2017-0120-0025. ResPyro--Steve Comen/CEO................................ PHMSA-2017-0120-0021. Reusable Industrial Packaging Association (RIPA)........ PHMSA-2017-0120-0052. Santore and Sons........................................ PHMSA-2017-0120-0032. Stage FX (SFX)/Lyle Salmi............................... PHMSA-2017-0120-0024. StageFX/Dennis Slicer................................... PHMSA-2017-0120-0029. Ultratec Special Effects--John Thomas................... PHMSA-2017-0120-0044. Ultratec Special Effects--Otis Hart..................... PHMSA-2017-0120-0048. Veolia ES Technical Solutions, LLC...................... PHMSA-2017-0120-0006. Western Enterprises Inc................................. PHMSA-2017-0120-0019. Winco Fireworks International........................... PHMSA-2017-0120-0043. Yienger Fireworks....................................... PHMSA-2017-0120-0030. ---------------------------------------------------------------------------------------------------------------- The comments submitted to this docket may be accessed via the docket file numbers listed in the above table, as well as at http://www.regulations.gov . PHMSA developed this final rule in consideration of the comments received to the public docket. Following the closing of the comment period, Executive Order (E.O.) 13924, ``Regulatory Relief to Support Economic Recovery,'' \\5\\ directed Federal agencies to respond to the economic harm caused by the novel coronavirus by reviewing their regulations and rescinding or modifying those regulations to reduce regulatory burdens and thereby promote economic growth. E.O. 13924 at Sec. 4. PHMSA understands the cost savings expected from this final rule to be consistent with E.O. 13924's mandate. --------------------------------------------------------------------------- \\5\\ 85 FR 31353 (May 22, 2020). --------------------------------------------------------------------------- IV. Discussion of Amendments and Applicable Comments Based on an assessment of the 24 petitions and the comments received, PHMSA is amending the HMR as detailed in this section. 1. Phase-Out of Non-Normalized Tank Cars Used To Transport PIH Materials In its petition (P-1646), the Association of American Railroads (AAR) requests that PHMSA consider an amendment to Sec. 173.31 to codify a prohibition on the use of rail tank cars with shells or heads constructed of non-normalized steel for transportation of PIH materials.\\6\\ In P-1646, AAR claims that the continued use of pressurized tank cars constructed from non-normalized steel for rail transportation of PIH materials poses an unnecessary risk to the public because at lower temperatures non-normalized steel is susceptible to brittle fractures, which are far more likely to result in a catastrophic failure and instantaneous release of a tank car's entire contents than ductile fractures. AAR notes that while a slow release of contents generally has time to dissipate in the atmosphere, an instantaneous release from a catastrophic failure creates a concentrated toxic cloud with potential catastrophic consequences for the nearby population. --------------------------------------------------------------------------- \\6\\ PHMSA notes that petition P-1646 (codifying an industry phase-out of legacy tank cars with non-normalized steel for PIH service by December 31, 2020) is related to two other AAR petitions addressed in this final rule: P-1691 (re-designating the ``interim'' HM-246 standard for PIH tank cars as a ``permanent'' standard), and P-1692 (codifying an industry phase-out of legacy tank cars not built to the HM-246 standard for PIH service by December 31, 2027). See Sections IV.13 (Finalization of the HM-246 Tank Car Standard) and IV.14 (Phase-out of Non-HM-246 Compliant Rail Tank Cars). --------------------------------------------------------------------------- PHMSA agrees with AAR's safety rationale for its recommendation of a regulatory prohibition on the use of rail tank cars with shells or heads constructed of non-normalized steel for transportation of PIH materials. Further, PHMSA expects that a regulatory phase-out of these rail tank cars would reinforce the voluntary phase-out of legacy PIH tank cars pursuant to current industry efforts. In 2008, PHMSA considered mandating a 5-year phase-out of non-normalized steel tank cars in [[Page 75683]] PIH service.\\7\\ However, in 2009, based in part on statements from owners that they were voluntarily phasing out such tank cars, PHMSA declined to require the phase-out but did require that owners prioritize replacement of the non-normalized steel tank cars from their PIH fleets.\\8\\ Those voluntary efforts have been memorialized in interchange rules issued by AAR requiring compliance with design standards or operating conditions as a condition of shipping hazardous materials by rail. On April 7, 2017, AAR adopted an interchange rule in Casualty Prevention Circular (CPC)-1325 \\9\\ that implemented a phase- out of these non-normalized (legacy) steel tank cars in PIH service by July 1, 2019. On July 27, 2018, AAR revised CPC-1325 and re-issued it as CPC-1336, but retained the phase-out deadline for the non-normalized steel tank cars,\\10\\ effective July 1, 2019. Because AAR has already adopted a phase-out schedule, there are no additional costs associated with PHMSA implementing a December 31, 2020, date as a regulatory deadline. A more detailed discussion of this economic analysis can be found in the accompanying Regulatory Impact Analysis (RIA). --------------------------------------------------------------------------- \\7\\ See 73 FR 17817 (April 1, 2008). \\8\\ 74 FR 1770 (Jan. 13, 2009). \\9\\ CPCs are documents issued by AAR to its members outlining requirements for the transportation of hazardous materials by rail. \\10\\ A piece of rail equipment, such as a tank car, that does not meet AAR interchange standards is effectively prohibited from movement on the U.S., Canadian, and Mexican freight rail system. The AAR Tank Car Committee (TCC) initially developed a phase-out schedule for non-normalized tank cars in 2008 under AAR CPC-1187, which prohibited the use of non-normalized tank cars after December 31, 2018. Prior to adoption of the final AAR interchange phase-out requirements in CPC-1325, AAR TCC solicited comments to amend CPC- 1187 via CPC-1324. --------------------------------------------------------------------------- PHMSA received comments from AAR, the Chemours Company (Chemours), and a joint comment from the American Chemistry Council (ACC), the Chlorine Institute (CI), and The Fertilizer Institute (TFI) in support of the proposal to amend the HMR to include a regulatory phase-out of the use of pressurized tank cars constructed from non-normalized steel for rail transportation of PIH materials. These associations represent major stakeholders impacted by this change, including the shippers who own or lease the tank cars, and may bear the cost of implementing any phase-out, and the railroads who must transport the freight under their obligations as common carriers. PHMSA's actions to align the HMR with industry's voluntary phase-out the use of non-normalized (legacy) steel tank cars in PIH service in this final rule provide both shippers and carriers with regulatory certainty on the transportation of PIH materials by rail. This regulatory certainty makes transportation cost known to industry and, more importantly, locks-in within the HMR safety benefits from the transportation of PIH materials by rail achieved by industry's voluntary efforts to phasing-out the use of tank cars with shells or heads constructed of non-normalized steel. Therefore, in this final rule, PHMSA is revising Sec. 173.31 to provide for a regulatory phase-out non-normalized steel rail tank cars for the transportation of PIH materials by December 31, 2020. 2. Limited Quantity Shipments of Hydrogen Peroxide In its petition (P-1658), Steris requests that PHMSA revise Column (8A) of the HMT to make available the limited quantity packaging exceptions at Sec. 173.152 for ``UN2014, Hydrogen peroxide aqueous solution.'' Steris notes that the United Nations (UN) Recommendations on the Transport of Dangerous Goods: Model Regulations (Model Regulations) authorize shipment of limited quantities of UN2014 (Hydrogen peroxide). Steris contends that this amendment would provide economic and logistical consistency in global transportation and facilitate commerce for domestic companies without adversely impacting safety. PHMSA received no comments on this proposed revision in the NPRM. The HMR at subpart D of part 173 provides, among other provisions, exceptions for some classes of hazardous materials when shipped under certain limited quantity thresholds. However, while other international standards and regulations, such as the UN Model Regulations, provide for the transport of UN2014 in limited quantities (up to 60 percent concentration), UN2014 is not authorized a limited quantity exception within the HMR as currently written. PHMSA has considered the operational experience in international transportation of UN2014 pursuant to the UN Model Regulations as well as in the domestic transport of materials of the same hazard class in limited quantities as allowed by current HMR exceptions and concluded that a limited quantity exception should be extended to UN2014 as well. PHMSA is unaware of any characteristics of UN2014 (Hydrogen peroxide) making it uniquely unsuitable for limited quantity shipment when other hazardous materials assigned the same hazard class can be shipped in limited quantities. Consequently, PHMSA expects that expanding the applicability of the limited quantity exception to this material will not adversely affect safety--particularly as other HMR requirements would still apply to assure safe shipment of limited quantities of UN2014 (Hydrogen peroxide). PHMSA expects cost savings to be achieved from this amendment to the HMR, as extension of the limited quantity exceptions to apply to another material will reduce regulatory burdens on regulated entities. However, since limited quantity shipments within the United States have not been authorized for UN2014 (Hydrogen peroxide) previously, there is inadequate domestic data available to quantify the specific cost savings that would result from this change. A more detailed discussion of the economic analysis can be found in the accompanying RIA. Therefore, in this final rule, PHMSA is revising Column (8A) of the HMT for ``UN2014, Hydrogen peroxide aqueous solution'' to allow limited quantity packaging for this material by referencing the exception in Sec. 173.152. 3. Markings on Portable Tanks In his petition (P-1666), William J. Briner requests that PHMSA revise Sec. 172.302(b)(2) of the HMR consistent with section 5.3.2.0.2 of the IMDG Code to allow a minimum height of 12 mm (0.47 inches) for proper shipping name markings on portable tanks with a capacity of less than 3,785 L (1,000 gallons). The petitioner contends that the revision would provide regulatory flexibility for the size of markings on portable tanks without adversely impacting safety. PHMSA received no comments on this proposed revision in the NPRM. As currently codified in the HMR, Sec. 172.302(b)(2) requires markings on portable tanks with capacity less than 3,785 L (1,000 gallons) to have a width of at least 4.0 mm (0.16 inch) and a height of at least 25 mm (1 inch). Through its technical review of this petition, PHMSA determined that harmonizing the height of this marking with that in the IMDG Code (12 mm) would not cause a reduction in hazard communication and, therefore, would not have a negative effect on safety. PHMSA expects that harmonizing this requirement with international standards would provide cost savings and efficiencies in transportation; however, PHMSA is unable to quantify these potential cost savings as there is no cost data on the savings gained from using smaller markings and the number of stakeholders affected. A more detailed discussion of the economic [[Page 75684]] analysis can be found in the accompanying RIA. Therefore, in this final rule, PHMSA is revising Sec. 172.302(b)(2) to allow a minimum height of 12 mm (0.47 inches) for proper shipping name markings on portable tanks with a capacity of less than 3,785 L (1,000 gallons). 4. Reconditioning of Metal Drums In its petition (P-1670), the Reusable Industrial Packaging Association (RIPA) requests that PHMSA revise Sec. 173.28(c)(1)(i) to require that labels be substantially removed, rather than completely removed, during the reconditioning of metal drums. RIPA states that a strict reading of the current HMR requirement asks for an impossible standard, as the full removal of coatings and labels (including their adhesive residues) is practically impossible. RIPA justifies this request by noting that current cleaning and surface preparation processes have been utilized for decades and, from its standpoint, have never been considered a safety issue. In the NPRM, PHMSA responded to P-1670 by proposing to allow tightly adhering paint, mill scale, and rust to remain on no more than 10 percent of the surface area of a drum being reconditioned. While supportive of revising this section, RIPA notes in its comments to the NPRM that the proposed revision fails to achieve PHMSA's goal of allowing some coating residue to remain on steel drums provided safety is not compromised. RIPA contends it is technically impossible to meet a requirement that entails the removal of 90 percent of ``tightly adhering paint . . .'' from the entire surface area of every steel drum and contends that the limit of 10 percent surface area for exterior coatings is arbitrary and will be difficult to enforce. Lastly, RIPA notes that mill scale does not appear on metal used to manufacture or recondition steel drums and should be removed from the proposed revisions to Sec. 173.28(c)(1)(i). Therefore, in its comments to the NPRM, RIPA suggests that Sec. 173.28(c)(1)(i) be revised to read, ``Cleaning to base material of construction, with all former contents, internal and external corrosion removed, and any external coatings and labels sufficiently removed to expose any metal deterioration which adversely affects transportation safety.'' RIPA contends this will establish a workable safety standard based upon adequate removal of surface coating materials to expose evidence of metal deterioration. PHMSA received no other comments on this proposed change to the HMR. After further consideration, PHMSA agrees that identifying a specific numeric threshold for sufficient removal of coatings and labels to expose deterioration is impracticable and expects that the language RIPA suggests in its comments to the NPRM will appropriately address the issue by ensuring external coatings and labels are sufficiently removed to expose metal deterioration that could adversely impact transportation safety. Furthermore, PHMSA expects cost savings to be achieved through this amendment, as it provides for a partial relaxation of the requirements in the HMR; however, PHMSA is unable to quantify these potential cost savings because it does not have data on the cost differences between ``removed'' and ``substantially removed'' or the number of persons affected. A more detailed discussion of the economic analysis can be found in the accompanying RIA. Therefore, in this final rule, PHMSA is revising Sec. 173.28(c)(1)(i) to read, ``Cleaning to base material of construction, with all former contents, internal and external corrosion removed, and any external coatings and labels sufficiently removed to expose any metal deterioration that adversely affects transportation safety.'' 5. Limited Quantity Harmonization In its petition (P-1676), URS Corporation requests that PHMSA revise Column (8A) of the HMT to extend exceptions allowing for shipment of limited quantities of 45 additional hazardous materials. URS Corporation noted that the absence from the HMR of limited quantity exceptions for those materials is inconsistent with provisions under various international standards authorizing limited quantity shipment of the same materials. URS Corporation contends that this inconsistency between domestic and international standards regarding the limited quantity exception for these 45 proper shipping names causes confusion regarding the pertinent regulatory requirements with importing hazardous materials shipments into the United States that had been prepared as limited quantity shipments under international regulations. As noted in the NPRM, PHMSA conducted a technical review of the petition and identified a total of 114 entries in the HMT--including the 45 listed in URS Corporation's petition--that are not in alignment with the UN Model Regulations permitting limited quantity shipment of hazardous materials. In addition, PHMSA determined that HMR treatment of 64 of those 114 entries also diverged from the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods (ICAO Technical Instructions) permitting limited quantity shipment of hazardous materials. Further, in reviewing the HMR, PHMSA determined that these hazardous materials currently without limited quantity exceptions are of the same hazard classes as materials for which the HMR already contains an exception allowing limited quantity shipment. PHMSA expects that expanding the applicability of the limited quantity exception to these additional materials would not adversely affect safety. PHMSA is unaware of any characteristics of the hazardous materials at issue that makes them uniquely unsuitable for limited quantity shipment when the HMR authorizes other hazardous materials assigned the same hazard class to be shipped in limited quantities. Consequently, PHMSA expects that expanding the applicability of the limited quantity exception to other materials that are within the same hazard class will not adversely affect safety--particularly as other HMR requirements would still apply to assure safe shipment of limited quantities of those materials. By way of example, limited quantities of these hazardous materials will still need to display a conspicuous marking indicating they are limited quantity shipments pursuant to Sec. 172.315, and will still need to be packaged in accordance with other requirements in 49 CFR part 173. The operational experience of safe transportation of limited quantities of these materials pursuant to UN Model Regulations provides additional evidence that extension of the HMR's limited quantity exceptions to those materials will not adversely affect safety. Furthermore, PHMSA expects cost savings to be achieved through this amendment, as it provides exceptions to the requirements in the HMR that impose compliance burdens on regulated entities; however, due to a lack of domestic data on these types of shipments, PHMSA is unable to quantify the specific cost savings that would result from this change. A more detailed discussion of the economic analysis can be found in the accompanying RIA. The Council on Safe Transportation of Hazardous Articles (COSTHA) and International Vessel Operators Dangerous Goods Association (IVODGA) submitted comments to the NPRM in support of this proposed revision, while also noting that PHMSA overlooked one listing in the HMT for harmonization. The commenters explain that the HMT [[Page 75685]] listing for ``UN3170, Aluminum smelting by-products or Aluminum remelting by-products'' includes a change in Column (8A) from ``None'' to ``151'' for Packing Group (PG) II but failed to revise the PG III entry. PHMSA acknowledges that this was an oversight and is revising the language in the HMT to include ``UN3170, Aluminum smelting by- products or Aluminum remelting by-products'' PG III materials in this final rule. Therefore, in this final rule, PHMSA is revising Column (8A) (exceptions) of the HMT consistent with the UN Model Regulations to allow an additional 114 hazardous materials entries to be shipped as limited quantities under the HMR. The complete list of hazardous materials affected by this provision is in the amendments to the HMT at the end of this final rule. 6. Mobile Refrigeration Units In its petition (P-1677), the International Institute of Ammonia Refrigeration (IIAR) requests that PHMSA revise Sec. 173.5b to allow the continued use of mobile refrigeration units (which are commonly used by the U.S. produce industry) that were placed into service prior to 1991, provided they are tested to a service pressure of 250 psig. PHMSA received no comments on this proposed revision in the NPRM. As currently written, Sec. 173.5b(b)(6) of the HMR requires that mobile refrigeration systems placed into service prior to June 1, 1991 be phased-out by October 1, 2017; however, PHMSA issued an enforcement discretion memorandum \\11\\ on September 28, 2017, permitting the continued use of mobile refrigeration units that are tested to a service pressure of 250 psig. In its technical review conducted in connection with the Enforcement Discretion Memorandum, PHMSA determined there is no reduction in safety by authorizing the continued use of mobile refrigeration units that are tested to a service pressure of 250 psig because the purpose of Sec. 173.5b is to eliminate the use of systems with a maximum allowable working pressure (MAWP) of 150 psig. PHMSA consequently incorporated that conservatism within the Enforcement Discretion Memorandum in the proposed HMR amendments set forth in the NPRM. The proposed amendment would allow the system to be used if its components are designed for a MAWP of 250 psig regardless of whether it was put into service before June 1, 1991, or if the MAWP is a result of upgrading components. --------------------------------------------------------------------------- \\11\\ Enforcement Discretion Memorandum for Mobile Refrigeration Units-- https://www.regulations.gov/document?D=PHMSA-2016-0085-0004 . --------------------------------------------------------------------------- As described in the RIA, although PHMSA describes the nature of cost savings associated with adoption of this petition, PHMSA was unable to estimate the cost savings with sufficient accuracy to quantify them due to data uncertainties. Therefore, in this final rule, PHMSA is revising Sec. 173.5b to allow the continued use of certain portable and mobile refrigerator systems that meet the 250 psig service pressure specification by removing the prohibition on use of refrigeration systems placed into service before June 1, 1991. Further, PHMSA, as of the effective date of this final rule, withdraws its September 28, 2017, enforcement discretion regarding the phase-out of mobile refrigeration systems because it will no longer be necessary. 7. Incorporation by Reference of CGA Standards PHMSA received multiple petitions to update CGA standards currently incorporated by reference in Sec. 171.7 of the HMR. These petitions include: Petition P-1679. CGA requests that PH","truncated":true,"body_characters":211158}