{"operation":"document","citation":"87 FR 79752","title":"Hazardous Materials: Editorial Corrections and Clarifications","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-12-27","effective_on":"2023-01-26","summary":"This final rule corrects editorial errors and improves the clarity of certain provisions in PHMSA's program and procedural regulations and in the Hazardous Materials Regulations. The intended effect of this rulemaking is to enhance 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-2022-26960.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2022-26960.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2022-26960","source_url":"https://www.federalregister.gov/documents/2022/12/27/2022-26960/hazardous-materials-editorial-corrections-and-clarifications","body":"Federal Register, Volume 87 Issue 247 (Tuesday, December 27, 2022) [Federal Register Volume 87, Number 247 (Tuesday, December 27, 2022)] [Rules and Regulations] [Pages 79752-79785] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2022-26960] [[Page 79751]] Vol. 87 Tuesday, No. 247 December 27, 2022 Part III Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration ----------------------------------------------------------------------- 49 CFR Parts 107, 110, 171, et al. Hazardous Materials: Editorial Corrections and Clarifications; Final Rule Federal Register / Vol. 87 , No. 247 / Tuesday, December 27, 2022 / Rules and Regulations [[Page 79752]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 107, 110, 171, 172, 173, 174, 175, 176, 177, 178, and 180 [Docket No. PHMSA-2021-0091 (HM-260B)] RIN 2137-AF56 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 PHMSA's program and procedural regulations and in the Hazardous Materials Regulations. The intended effect of this rulemaking is to enhance 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 26, 2023. FOR FURTHER INFORMATION CONTACT: Yul B. Baker Jr., Standards and Rulemaking Division, at (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, East Building, 2nd Floor, Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. Removing Outdated References to Other Regulated Materials- Domestic (ORM-D) III. Updating Titles to Subpart B of Part 177 IV. Section-by-Section Review of Changes V. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Rulemaking B. Executive Order 12866 and DOT Regulatory Policies and Procedures C. Executive Order 13132 D. Executive Order 13175 E. Regulatory Flexibility Act and Executive Order 13272 F. Unfunded Mandates Reform Act of 1995 G. Paperwork Reduction Act H. Environmental Assessment I. Environmental Justice J. Executive Order 13609 and International Trade Analysis I. Background The Pipeline and Hazardous Materials Safety Administration (PHMSA), in this final rule, is amending the Hazardous Materials Regulations (HMR; 49 Code of Federal Regulations (CFR) parts 171-180) to correct typographical errors; fix incorrect regulatory references and citations; remove obsolete references to regulatory provisions, dates, as well as outdated concepts such as other regulated materials-domestic (ORM-D); address misstatements of certain regulatory requirements; and supply information or language that had been inadvertently omitted. Further, within the scope of this rulemaking, PHMSA is revising certain procedural regulations at 49 CFR parts 107 and 110 to make them easier to understand. PHMSA expects the regulatory amendments adopted in this final rule will ensure stakeholders focus their resources on compliance with pertinent safety requirements of the HMR rather than trying to resolve erroneous, ambiguous, or obsolete language within PHMSA's regulations. The amendments contained in this final rule are non-substantive changes that do not impose new requirements that necessitate public comment. The final rule's amendments are consistent with PHMSA's historical practice of regularly reviewing the HMR and PHMSA's program and procedural regulations for opportunities to eliminate regulatory confusion, fix typographical errors and omissions, and remove obsolete material and references. II. Removing Outdated References to Other Regulated Materials-Domestic (ORM-D) In 2011, PHMSA published final rule HM-215K \\1\\ in which PHMSA amended the HMR to maintain alignment with updates to certain international standards and regulations. Among these amendments, PHMSA adopted changes to align existing limited quantity provisions with the global system of transport of limited quantity material under international standards and regulations including the International Maritime Dangerous Goods (IMDG) Code, the International Civil Aviation Organization's (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations (UN) Recommendations on the Transport of Dangerous Goods--Model Regulations. These changes included the phase-out of existing provisions in the HMR for limited quantities reclassed as ORM-D (e.g., limited quantity material defined as consumer commodities). This shift allowed for the use of a single global system for the transportation of limited quantities of hazardous materials and would transition shipments within the United States away from the domestic provisions for ORM-D reclassification and marking for certain limited quantity hazardous materials. Specifically, PHMSA adopted sunset dates for use of the domestic ORM-D classification and associated package marking ``Consumer commodity, ORM-D.'' Hazardous materials transported by air had an implementation date of January 1, 2013, and hazardous materials transported by all other modes had an implementation date of January 1, 2014. --------------------------------------------------------------------------- \\1\\ 76 FR 3308 (Jan. 19, 2011). --------------------------------------------------------------------------- In response to appeals to final rule HM-215K,\\2\\ PHMSA extended the authorized use of the ORM-D classification and packages marked ``Consumer commodity, ORM-D'' for domestic highway, rail, and vessel transportation until December 31, 2020, to allow sufficient time for domestic shippers and carriers to adjust to this revised global system of transporting limited quantity materials. Since this phase-out period has passed--and use of the ORM-D classification is no longer authorized--PHMSA is removing any reference to ORM-D from the HMR in the following locations: --------------------------------------------------------------------------- \\2\\ 78 FR 1101 (Jan. 7, 2013). Appendix A to Subpart D of Part 107--Guidelines for Civil Penalties (List of Frequently Cited Violations) Sec. 171.8--In the definition of ``Agricultural product'' Sec. 172.101(f) Sec. 172.101--deletion of Hazardous Materials Table (HMT) entries: ``Cartridges power device (used to project fastening devices), ORM-D,'' ``Cartridges, small arms, ORM-D,'' and ``Consumer commodity, ORM-D.'' Sec. 172.102(c)(1)--deletion of Special Provision 222 Sec. 172.200(b)(3) Sec. 172.315(d) Sec. 172.316 Sec. 172.500(b)(2) Sec. 172.504--Table 2 Sec. 172.512(c) Sec. 172.600(d) Sec. 173.2--Hazardous Material Classes and Index to Hazard Classifications Sec. 173.6(a)(1) introductory text and (a)(1)(ii) Sec. 173.12(h) introductory text, (h)(1) and (h)(3) Sec. 173.24a(c)(1)(iii) Sec. 173.27--Table 3 Sec. 173.29(b)(2)(iv)(A) Sec. 173.36(h)(1)(iii) Sec. 173.63(b)(1)(ii), (b)(1)(iii) introductory text, and (b)(2) introductory text Sec. 173.144 Sec. 173.145 Sec. 173.150(c) [[Page 79753]] Sec. 173.151(c) Sec. 173.152(c) Sec. 173.153(c) Sec. 173.154(c) Sec. 173.155(c) Sec. 173.156(b), (b)(2), and (d) Sec. 173.161(d)(2) Sec. 173.165(d) Sec. 173.230(h) Sec. 173.306(a)(1), (b), (h)(2)(i), (i)(1), and (i)(2) Sec. 174.82(a) Sec. 176.11(e) III. Updating Titles to Subpart B of Part 177 In part 177, subpart B--Loading and Unloading, some of the regulatory provision titles in the subpart reference the hazard class with a descriptive term while other titles reference only the hazard class number (e.g., Class 8 (corrosive) materials vs Class 1 materials). For consistency and uniformity within subpart B, PHMSA amends the titles to include a descriptive term associated with the hazard class in the following sections: Sec. 177.835--Class 1 (explosive) materials Sec. 177.837--Class 3 (flammable liquid and combustible liquid) materials Sec. 177.841--Division 6.1 (poisonous) materials and Division 2.3 (poisonous gas) materials IV. Section-by-Section Review of Changes In addition to the specific changes noted in ``Section II. Removing Outdated References to Other Regulated Materials-Domestic (ORM-D),'' the following is a section-by-section summary of the 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 regulatory requirements and provisions. A. Part 107 Section 107.109 This paragraph provides the requirements to apply for the renewal of a special permit. In paragraph (a)(4) of Sec. 107.109, a person must include a certification that the original application, as updated by any application for renewal, remains accurate. PHMSA provides examples, in parentheses, of information that must be certified by a person for the renewal of a special permit application (e.g., all section references, shipping description, etc.). To clarify additional information a person must certify, PHMSA revises paragraph (a)(4) by including ``email address'' among the information that must be accurate before submitting a renewal application for a special permit. Certifying an accurate email address will allow for a timely response from PHMSA and avoid unnecessary delays in the special permit renewal process. Section 107.502 This section provides the general registration requirements for cargo tanks and cargo tank motor vehicles. In Sec. 107.502(d), PHMSA is revising the Federal Motor Carrier Safety Administration (FMCSA) Hazardous Materials Division designation ``MC-ECH'' to read ``MC-SEH.'' PHMSA is also revising the FMCSA mailing address for registration statements to remove redundant reference to the division designation within the address. B. Part 110 Section 110.7 This section provides the Office of Management and Budget (OMB) control number assigned to each collection of information. In final rule HM-209A,\\3\\ PHMSA revised the HMR to align with OMB's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200), as well as new requirements outlined in the Fixing America's Surface Transportation Act of 2015 (Pub. L. 114-94). In HM-209A, PHMSA removed and reserved Sec. Sec. 110.70, 110.80, and 110.90 to eliminate duplicative language found in 2 CFR part 200. However, PHMSA did not make an accompanying revision to Sec. 110.7, which still contains the now reserved sections. Therefore, PHMSA is removing the reference to the reserved sections currently found in Sec. 110.7. --------------------------------------------------------------------------- \\3\\ 84 FR 3993 (Feb. 14, 2019). --------------------------------------------------------------------------- C. Part 171 Section 171.6 This section provides the OMB control numbers assigned to collections of information within the HMR. In final rule HM-251,\\4\\ PHMSA requested a new information collection under OMB Control No. 2137-0628 titled ``Flammable Hazardous Materials by Rail Transportation.'' PHMSA inadvertently left out OMB control number 2137- 0628 from the Sec. 171.6(b)(2) table, and therefore, PHMSA is adding the missing control number, title, and reference sections, as appropriate, for full transparency of authorized HMR information collections. --------------------------------------------------------------------------- \\4\\ 80 FR 26643 (May 8, 2015). --------------------------------------------------------------------------- Section 171.7 This section lists material incorporated by reference into the HMR. In final rule HM-215N,\\5\\ PHMSA amended the HMR to maintain consistency with international regulations and standards by harmonizing with changes made to the IMDG Code, the ICAO Technical Instructions, and the UN Model Regulations. However, PHMSA made a typographical error that incorrectly changed the publication date for the referenced edition of the International Organization for Standardization standard ``ISO 4706:2008(E).'' The publication date was inadvertently changed from ``2008-04-15'' as presented in the notice of proposed rulemaking (NPRM) for HM-215N \\6\\ to ``2008-07-014,'' which is incorrect. PHMSA is correcting this error to accurately reflect the ISO publication date of the version incorporated by reference to read: ``ISO 4706:2008(E), Gas cylinders--Refillable welded steel cylinders--Test pressure 60 bar and below, First Edition, 2008-04-15, Corrected Version, 2008-07-01'' into Sec. 178.71. --------------------------------------------------------------------------- \\5\\ 82 FR 15796 (Mar. 30, 2017). \\6\\ 81 FR 61741 (Sep. 7, 2016). --------------------------------------------------------------------------- In final rule HM-224B \\7\\ and in consultation with the Federal Aviation Administration (FAA), PHMSA amended the HMR to authorize the use of Air Transport Association Specification 300 for Type I (ATA 300) shipping containers. Because of extensive testing and research, PHMSA eliminated special provision ``A52'' and relocated ``Oxygen, compressed'' packaging requirements from one or more of Sec. Sec. 173.168(d), 173.302(f)(3), and 173.304(f)(3). However, PHMSA did not list these sections in Sec. 171.7(b) in association with the ATA 300 standard incorporated by reference. Therefore, PHMSA is revising Sec. 171.7(b)(1) ``ATA Specification No. 300 Packaging of Airline Supplies, Revision 19, July 31, 1996'' to include a reference to Sec. Sec. 173.168(d), 173.302(f)(3), and 173.304(f)(3). In addition, PHMSA includes a cross-reference to Sec. 171.7 within each of those same sections. --------------------------------------------------------------------------- \\7\\ 72 FR 4442 (Jan. 31, 2007). --------------------------------------------------------------------------- Finally, PHMSA was notified by the Compressed Gas Association (CGA) that their address in Sec. 171.7(n) was outdated. As such, PHMSA is amending the address from ``1235 Jefferson Davis Highway, Arlington, VA 22202'' to ``8484 Westpark Drive, Suite 220, McLean, VA 22102'' per CGA's request. [[Page 79754]] Section 171.8 This section provides definitions and abbreviations used within the HMR. In final rule HM-215K,\\8\\ PHMSA revised the definition of ``Oxidizing gas,'' but the outdated definition inadvertently remains in this section as a duplicate definition that is a source of confusion. Therefore, PHMSA is removing the outdated first definition of ``Oxidizing gas'' listed in the section to avoid any confusion on the applicable definition and thereby, enhancing safety for the regulated community. The version being removed reads: ``Oxidizing gas means a gas which may, generally by providing oxygen, cause or contribute to the combustion of other material more than air does.'' --------------------------------------------------------------------------- \\8\\ 76 FR 3308 (Jan. 19, 2011). --------------------------------------------------------------------------- Section 171.12 This section provides requirements specific to North American shipments of hazardous materials. Paragraph (b) of the section addresses shipments to or from Mexico. Moreover, paragraph (b) sets out specific requirements for shipments of material poisonous by inhalation (PIH). In Sec. 171.12(b)(4), there is a reference to nonexistent paragraph (e)(5). Current paragraph (b)(4) reads that packages of PIH material are to be labeled and placarded as POISON GAS or POISON INHALATION HAZARD in accordance with the HMR, except as provided in (e)(5); and current paragraph (b)(5) indicates a label or placard conforming to the UN Model Regulations may be substituted for a POISON GAS or POISON INHALATION HAZARD label or placard. In final rule HM- 215F,\\9\\ PHMSA revised and consolidated provisions applying to North American shipments, which, in part, redesignated previous paragraphs (e)(1) through (e)(5) as paragraphs (b)(1) through (b)(5). However, in HM-215F, PHMSA did not make a conforming amendment to revise the reference to previous paragraph (e)(5) to redesignated (b)(5). Thus, PHMSA will change the paragraph reference from ``(e)(5)'' to ``(b)(5)'' to appropriately reference the alternative way to label or placard a PIH package. --------------------------------------------------------------------------- \\9\\ 72 FR 25161 (May 3, 2007). --------------------------------------------------------------------------- Section 171.15 This section provides the requirements for the immediate notice of certain hazardous materials incidents. In Sec. 171.15(a), PHMSA is revising this paragraph by removing the URL link to http://www.nrc.uscg.mil as it is no longer a valid resource for reporting hazardous material incidents. As revised, Sec. 171.15 would require persons to instead contact the National Response Center hotline at 1- 800-424-8802. D. Part 172 Section 172.101 This section contains the Hazardous Materials Table (HMT) and explanatory text for each of the columns in the table. In this final rule, PHMSA is amending the HMT explanatory text as described below: Section 172.101(f) addresses column (5) of the HMT for assignment of the packing group and explains that certain Classes and Divisions of hazardous materials are not assigned packing groups. This includes Division 6.2 materials other than Division 6.2 regulated medical wastes. However, in final rule HM-215P,\\10\\ PHMSA removed the assignment of PG II in column (5) for the hazardous materials description ``UN3291, Regulated medical waste, n.o.s. or Clinical medical waste, unspecified, n.o.s. or (BIO) Medical waste, n.o.s. or Biomedical waste, n.o.s., or Medical Waste n.o.s.'' creating an inconsistency with the text in Sec. 172.101(f). Accordingly, PHMSA is revising the second sentence of Sec. 172.101(f) by deleting the parenthetical text ``(other than regulated medical wastes)'' to remove any possible misunderstanding that Division 6.2 regulated medical wastes are not assigned a packing group and thus removing a source of confusion whether to indicate the packaging group on a shipping paper for regulated medical waste. --------------------------------------------------------------------------- \\10\\ 87 FR 44944 (Jul. 26, 2022). --------------------------------------------------------------------------- In final rule HM-218C,\\11\\ PHMSA amended the HMR by adopting miscellaneous changes based on petitions for rulemaking and PHMSA initiatives. In HM-218C, PHMSA amended Sec. 172.101(i)(3) by adding a statement to clarify that some bulk packaging authorizations are found in column (8B) and the special provisions in column (7) of the HMT. However, PHMSA inadvertently removed subparagraphs (i-iii) from Sec. 172.101(i)(3); therefore, PHMSA will add the subparagraphs back to this section. --------------------------------------------------------------------------- \\11\\ 70 FR 34066 (Jun. 13, 2005). --------------------------------------------------------------------------- Additionally, PHMSA is making corrections to information in the HMT as follows: Column 1--Symbol Changes PHMSA is correcting an inadvertent deletion of the ``G'' symbol for the following entries: ``UN2920, Corrosive liquid, self- heating, n.o.s., 8, PG I,'' ``UN2921, Corrosive solids, flammable, n.o.s., 8, PG I,'' and ``UN2925, Flammable solids, corrosive, organic, n.o.s., 4.1, PG II'' by adding the ``G'' symbol for these entries. The assignment of a ``G'' identifies a proper shipping name (PSN) for which one or more technical names of the hazardous material must be entered in parentheses, in association with the basic description (i.e., with the UN identification number, the PSN, the hazard class, and the packing group). These HMT entries are n.o.s. PSNs and as defined in Sec. 171.8, ``N.O.S.'' means not otherwise specified. Because they do not specify a technical name for the hazardous material, n.o.s. PSNs are typically assigned ``G'' in column (1). Column 2--PSN Changes PHMSA is correcting an inadvertent typo where the language in italics for ``UN1263, Paint including paint, lacquer, enamel, stain, shellac solutions, varnish, polish, liquid filler and liquid lacquer base'' is missing a set of parentheses to indicate the language in italics is not a part of the PSN. PHMSA is correcting this error by including a parenthesis before the word ``including'' and after the word ``base.'' In final rule HM-219C,\\12\\ PHMSA amended the HMR in response to petitions for rulemaking. HM-219C revised the transportation requirements for limited quantity shipments of hydrogen peroxide including revising the HMT entries to harmonize the limited quantity exceptions with the ICAO Technical Instructions and the UN Model Regulations. For ``UN2014, Hydrogen, peroxide, aqueous solutions with more than 40 percent, but not more than 60 percent hydrogen peroxide (stabilized as necessary), 5.1, PG II'' and ``UN2014, Hydrogen peroxide, aqueous solutions with not less than 20 percent, but not more than 40 percent hydrogen peroxide (stabilized as necessary), 5.1, PG II,'' the HMT entries do not display the correct PSN. The language ``with more than 40 percent, but not more than 60 percent hydrogen peroxide (stabilized as necessary)'' and ``with not less than 20 percent, but not more than 40 percent hydrogen peroxide (stabilized as necessary),'' respectively, is displayed in Roman type font making it appear that the text is part of the PSN. This is incorrect. The PSN is ``Hydrogen peroxide, aqueous solutions'' and the remainder of the language should be italicized. As instructed in Sec. 172.101(c)(1), words in italics are not part of the PSN, but may be used in addition to the PSN. Therefore, PHMSA [[Page 79755]] is correcting this error to italicize the additional text. --------------------------------------------------------------------------- \\12\\ 85 FR 75680 (Nov. 25, 2020). --------------------------------------------------------------------------- For ``UN3021, Pesticides, liquid, flammable, toxic, flash point less than 23 degrees C,'' the PSN as well as the explanatory text regarding the flash point of the material is displayed in Roman type font. In final rule HM-215M,\\13\\ PHMSA inadvertently revised the italic font of the explanatory text for ``UN3021'' when the stowage code assigned in the HMT for this entry was updated. By not having the explanatory text in italics, the whole description reads as the PSN. Therefore, PHMSA is amending the ``UN3021 entry to the following: ``UN3021, Pesticides, liquid, flammable, toxic, flash point less than 23 degrees C.'' --------------------------------------------------------------------------- \\13\\ 80 FR 1076 (Jan. 8, 2015). --------------------------------------------------------------------------- For ``UN3321, Radioactive material, low specific activity (LSA-III) non fissile or fissile-excepted,'' the explanatory text regarding non fissile or fissile-excepted is displayed in Roman type font, making the text part of the PSN, which is not the intent. In HM- 215O,\\14\\ PHMSA inadvertently revised the italic font for ``non fissile or fissile-excepted'' when the table entry for ``UN3321'' was updated to reflect the addition of special provision 325. Therefore, PHMSA is amending the ``UN3321'' entry to the following: ``UN3321, Radioactive material, low specific activity (LSA-III) non fissile or fissile- excepted.'' --------------------------------------------------------------------------- \\14\\ 85 FR 27810 (May 11, 2020). --------------------------------------------------------------------------- PHMSA is correcting a typographical error where the language in the HMT shows the term ``wheel chair'' as two separate words, which is incorrect. To clarify and to eliminate confusion, the term should be one word and spelled as ``wheelchair'' instead. Column 6--Label Code Changes In final rule HM-215P, the proper shipping name for ``UN3363, Dangerous Goods in Machinery or Dangerous Goods in Apparatus, 9,'' was revised to the following: ``UN3363, Dangerous goods in articles or Dangerous goods in machinery or Dangerous goods in apparatus, 9.'' This PSN revision is reflected in the current UN Model Regulations. In making this revision to the PSN, PHMSA mistakenly deleted the label code in column (6) for this table entry. Therefore, PHMSA is correcting this error by adding label code ``9'' back to column (6) to indicate a Class 9 label is required for this material. Column 7--Special Provision Changes In final rule HM-233F,\\15\\ PHMSA added special provision 383 in association with adopting DOT special permit (DOT-SP) 11356 into the HMR, which authorized a material meeting the conditions for high viscosity flammable liquids specified in Sec. 173.121(b)(1)(i), (b)(1)(ii), and (b)(1)(iv), to be re-classed to PG III for transportation by motor vehicle. However, PHMSA inadvertently did not add the new special provision to the following HMT entries: ``UN1139, Coating solution (includes surface treatments or coatings used for industrial or other purposes such as vehicle undercoating, drum or barrel lining), 3, PG II'' and ``UN1263, 3, PG II'' even though these materials were covered in DOT-SP 11356. PHMSA is correcting this omission by adding special provision 383 to HMT entries ``UN1139'' and ``UN1263'', respectively. --------------------------------------------------------------------------- \\15\\ 81 FR 3636 (Jan. 21, 2016). --------------------------------------------------------------------------- In final rule HM-215P, PHMSA amended the regulations to allow ``UN2216, Fish meal, stabilized or Fish scrap, stabilized, 9, PGIII,'' to be transported by passenger and cargo aircraft subject to specific quantity limitations for the material. When PHMSA proposed the changes to this table entry, we did not propose removal of special provision ``B136'' from column (7) nor did we propose to remove the word ``None'' from column (6), yet we mistakenly deleted special provision ``B136'' and the word ``None.'' Therefore, PHMSA is correcting this error by adding special provision ``B136'' back to column (7) and the word ``None'' back to column (6). For ``UN3084, Corrosive solids, oxidizing, n.o.s., PG II,'' there is a typographical error where special provision 154 is listed in column 7, but there is no such special provision in Sec. 172.102. Therefore, PHMSA is removing ``154'' from column 7. In final rule HM-259,\\16\\ PHMSA removed special provision A6, which provided methods of packaging liquid hazardous material for air transport, from certain HMT entries. Specifically, PHMSA removed the assignment of A6 from liquid hazardous material. However, in HM- 219C, special provision A6 was inadvertently reassigned to some of the entries from which they were originally removed. Therefore, PHMSA is correcting this by again removing assignment of special provision A6 from the following: --------------------------------------------------------------------------- \\16\\ 83 FR 52878 (Oct. 18, 2018). [cir] ``UN1111, Amyl mercaptan, 3, PG II'' [cir] ``UN1228, Mercaptans, liquid, flammable, toxic, n.o.s. or Mercaptan mixtures, liquid, flammable, toxic, n.o.s., 3, PG III'' [cir] ``UN1732, Antimony pentafluoride, 8, PG II'' [cir] ``UN1768, Difluorophosphoric acid, anhydrous, 8, PG II'' [cir] ``UN1776, Fluorophosphoric acid anhydrous, 8, PG II'' [cir] ``UN1778, Fluorosilicic acid, 8, PG II'' [cir] ``UN1782, Hexafluorophosphoric acid, 8, PG II'' [cir] ``UN1808, Phosphorus tribromide, 8, PG II'' [cir] ``UN2031, Nitric acid other than red fuming, with at least 65 percent, but not more than 70 percent nitric acid, 8, PG II'' [cir] ``UN2031, Nitric acid other than red fuming, with more than 20 percent and less than 65 percent nitric acid, 8, PG II'' [cir] ``UN2031, Nitric acid other than red fuming, with not more than 20 percent nitric acid, 8, PG II'' [cir] ``UN2258, 1,2-Propylenediamine, 8, PG II'' [cir] ``UN2734, Amine, liquid, corrosive, flammable, n.o.s. or Polyamines, liquid, corrosive, flammable, n.o.s., 8, PG I'' [cir] ``UN2920, Corrosive liquids, flammable, n.o.s., 8, PG I'' [cir] ``UN3093, Corrosive liquids, oxidizing, n.o.s., 8, PG I'' [cir] ``UN3093, Corrosive liquids, oxidizing, n.o.s., 8, PG II'' [cir] ``UN3098, Oxidizing liquid, corrosive, n.o.s., 5.1, PG I'' [cir] ``UN3149, Hydrogen peroxide and peroxyacetic acid mixtures, stabilized with acids, water, and not more than 5 percent peroxyacetic acid, 5.1, PG II'' [cir] ``UN2014, Hydrogen peroxide, aqueous solutions with not less than 20 percent, but not more than 40 percent hydrogen peroxide (stabilized as necessary), 5.1, PG II'' For ``UN1740, Hydrogendifluoride, solid, n.o.s., 8, PG III,'' PHMSA is correcting an error where special provisions 53 and 58 are missing from column 7. For ``UN1783, Hexamethylenediamine solution, 8, PG III, PHMSA is correcting an error where special provision 52 is missing from column 7. Column 8--Packaging Authorization Changes In column (8B) for ``UN2734, Amine, liquid, corrosive, flammable, n.o.s. or Polyamines, liquid, corrosive, flammable, n.o.s., 8, PG II,'' the packaging instruction was inadvertently changed from ``202'' to ``201.'' To correct this error, PHMSA will revert [[Page 79756]] the packaging instruction in column 8(B) back to ``202.'' The packagings authorized under Sec. 173.201 are for liquid hazardous materials in PG I. Section 173.202 provides authorized packagings for liquid hazardous materials in PG II which is the correct packaging section reference for this PG II material. Column 10--Vessel Stowage Changes In column (10B) for ``UN1510, Tetranitromethane, 6.1, PG I,'' there is a typographical error for one of the vessel stowage codes assigned to this material. The stowage codes as currently listed for ``UN1510'' are ``40 and 6.'' The stowage code 6 is incorrect as it is missing a ``6.'' PHMSA is amending column (10B) to reflect the correct stowage code of ``66.'' Stowage code 6 instructs that a material is an emergency temperature material, which is not relevant in the case of stowage of tetranitromethane. Stowage code 66 instructs a person to stow this material separated from flammable solids, which is consistent with IMDG Code segregation code ``SG16'' assigned to ``UN1510'' to ``stow separated from Division 4.1'' (flammable solids). This amendment will ensure that this material is properly stowed for safe transport. In column (10B) for ``UN2627, Nitrites, inorganic, n.o.s., 5.1, PG II,'' there is a typographical error for one of the vessel stowage codes assigned to this material. The stowage codes as listed for ``UN2627'' are ``46, 56, 58, and 13.'' Stowage code 13 is incorrect as it is missing a ``3.'' PHMSA is amending column (10B) to reflect the correct stowage code of ``133.'' Stowage code 13 instructs to keep as reasonably dry as possible, which is not relevant in the case of stowage of inorganic nitrite. Stowage code 133 instructs to stow ``separate from sulfur,'' and is thus the appropriate stowage instruction, and is consistent with Sec. 176.400(d) as well as IMDG Code segregation code ``SG62'' assigned to ``UN2627'' to stow ``separated from'' sulfur. This amendment will ensure that this material is properly stowed for safe transport. In column (10B), for ``UN1788, Hydrobromic acid, with not more than 49 percent hydrobromic acid, 8, PG II'' and for ``UN1788, Hydrobromic acid, with not more than 49 percent hydrobromic acid, 8, PG III,'' stowage codes ``53'' and ``58'' are missing. Stowage code ``53'' provision means stow ``separated from'' alkaline compounds and stowage code ``58'' provision means stow ``separated from'' cyanides. In final rule HM-215O, PHMSA amended the HMR to maintain alignment with international regulations and standards by incorporating various amendments, including changes to vessel stowage requirements. Consistent with changes made to Amendment 39-18 of the IMDG Code, PHMSA made numerous changes to special stowage and segregation provisions, specifically ``Other'' provisions as indicated in column (10B). Because of these changes, ``UN1788'' for both PG II and PG III should have stowage codes ``53'' and ``58'' listed in column (10B) therefore, PHMSA is amending the HMT to reflect this inadvertent omission. Section 172.102 This section provides a list of special provisions as referred to in Column (7) of the HMT. Regarding ``UN1408, Ferrosilicon with 30 percent or more, but less than 90 percent silicon, 4.3, PG III,'' it is assigned IP code \\17\\ ``IP7'' in the HMT, yet the material (i.e., the UN identification number) is not listed among the materials subject to IP7. IP codes are special provisions on the use of intermediate bulk containers (IBCs) for transport of certain hazardous materials. In final rule HM-215G,\\18\\ the Research and Special Programs Administration (RSPA)--now PHMSA--amended the HMR to align with international standards, which included changes to special provisions. The omission from special provision IP7 was inadvertent as ``UN1408'' is listed among materials subject to the same IBC special provision as part of the IMDG Code. For clarity of understanding that IP7 applies to ferrosilicon material, PHMSA is adding ``UN1408'' to the list of UN identification numbers in IP7. --------------------------------------------------------------------------- \\17\\ IP codes are special provisions that apply to intermediate bulk containers. \\18\\ 69 FR 76044 (Dec. 20, 2004). --------------------------------------------------------------------------- Section 172.202 This section provides the requirements to describe hazardous materials on shipping papers. In Sec. 172.202(a)(4), there is a requirement to include the packing group (PG) \\19\\ with the required shipping description of a hazardous material on a shipping paper. However, certain types of hazardous materials are not assigned a ``PG'' because they do not exhibit a degree of danger that needs to be communicated. For instance, batteries of all types, including lithium, lithium ion, and sodium batteries, are not assigned a ``PG'' in the HMT. In final rule HM-215M, PHMSA amended the HMR to maintain alignment with international standards, which included removing the generalized ``PG II'' assignment for lithium ion batteries, lithium metal batteries, and sodium batteries. However, the language in Sec. 172.202(a)(4) states that ``batteries other than those containing lithium, lithium ions, or sodium'' are excepted from including a ``PG'' is a source of confusion because lithium, lithium ion, or sodium batteries are no longer assigned a ``PG'' in the HMT. Therefore, PHMSA is amending Sec. 172.202(a)(4) by removing reference to lithium, lithium ion, and sodium batteries from this paragraph. --------------------------------------------------------------------------- \\19\\ Packing group means a grouping according to the degree of danger presented by hazardous materials. Packing Group I indicates great danger; Packing Group II, medium danger; Packing Group III, minor danger. --------------------------------------------------------------------------- Section 172.203 This section provides additional description requirements for shipping papers. Section 172.203(e)(1) and (e)(2) provide instruction for the description of residue hazardous material on a shipping paper. The language to include ``residue: last contained'' reads different in the paragraphs, specifically, ``RESIDUE: Last Contained***'' in (e)(1) and ``RESIDUE: LAST CONTAINED***'' in (e)(2). For consistency, PHMSA is revising the language in (e)(2) to the following: ``RESIDUE: Last Contained.'' Additionally, consistent with Sec. 172.101(l)(1)(ii), stocks of preprinted shipping papers may be continued in use, with the text previously required in (e)(2), until depleted or for a one-year period, after the effective date of this rule, whichever is less. Section 172.204 This section provides the requirements for shipper's certification. In final rule HM-216B,\\20\\ PHMSA amended the HMR to adopt provisions contained in certain widely used or longstanding rail special permits, which included revisions to the shipper certification for transportation by rail. PHMSA had received a comment from Union Pacific Railroad to revise the language in Sec. 172.204(a)(3)(ii) to the following: ``Electronic certification. When transmitted electronically, by entering the name of the principal person, partner, officer, or employee of the offeror or his agent in a specific EDI.'' \\21\\ PHMSA agreed with revising the language; and offered a revised version ``to emphasize that by completing a signature field on an EDI document, the shipper is certifying that the document complies with . . . [[Page 79757]] Sec. 172.204(a).'' However, stakeholders have reported that the current language adopted in the HM-216B \\22\\ notice of proposed rulemaking (``must be substituted for the asterisks'') is considered a source of confusion because there are neither asterisks in the certification statement in Sec. 172.204(a) nor in typical EDI documents. To clarify this section for simplicity of understanding and consistent with final rule HM-216B, PHMSA will amend Sec. 172.204(a)(3)(ii) to read as follows: ``Electronic Certification. When transmitted electronically, by completing the field designated for the shipper's signature with the name of the principal person, partner, officer, or employee of the offeror or their agent, the shipper is also certifying its compliance with the certification specified in Sec. 172.204(a).'' This revision is consistent with Sec. 172.204(d)(3) certification signature requirements for transportation by rail that requires ``the name of the principal person, partner, officer, or employee of the offeror or his agent in a computer field defined for that purpose.'' --------------------------------------------------------------------------- \\20\\ 77 FR 37962 (Jun. 25, 2012). \\21\\ EDI, or electronic data interchange, as defined in Sec. 171.8, means the computer-to-computer exchange of business data in standard formats. \\22\\ 76 FR 51324 (Aug. 18, 2011). --------------------------------------------------------------------------- Section 172.315 This section provides the requirements for limited quantities of hazardous material. The dates for transitional exceptions in Sec. 172.315(d) allowing limited quantity marking requirements for alternatively marked packages and ORM-D marked packages have passed. Therefore, PHMSA is deleting and reserving paragraph (d) as the transition periods no longer apply. Section 172.332 This section provides the requirements for identification number markings. In Sec. 172.332(d), the placard dimensions illustrated in this paragraph are incorrect. In final rule HM-218F,\\23\\ PHMSA amended the HMR to make miscellaneous amendments to update and clarify certain regulatory requirements. To align with international standards, PHMSA authorized the use of placards measuring 250 mm (9.84 inches) on each side. However, for the example used in Sec. 172.332(d) to illustrate the display of an identification number on a placard, the placard dimensions are not consistent with the current minimum size requirements for a placard found in Sec. 172.519(c). Therefore, to avoid confusion PHMSA is amending Sec. 172.332(d) by replacing the illustration with one that does not have measurements. --------------------------------------------------------------------------- \\23\\ 76 FR 43510 (Jul. 20, 2011). --------------------------------------------------------------------------- Section 172.400 This section prov","truncated":true,"body_characters":141201}