{"operation":"document","citation":"73 FR 4699","title":"Hazardous Materials; Miscellaneous Amendments","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2008-01-28","effective_on":"2008-10-01","summary":"PHMSA is amending the Hazardous Materials Regulations to update, clarify or provide relief from certain requirements governing the classification, packaging, or labeling of hazardous materials transported in commerce. Among other provisions, PHMSA is adopting a new proper shipping name and identification number for fuel blends composed of ethanol and gasoline. In addition, PHMSA is updating references to consensus standards, revising and clarifying certain hazard communication requirements, and clarifying transportation requirements applicable to dry ice, detonator assemblies, and explosives. PHMSA is also expanding exceptions from regulation for small quantities of hazardous materials.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-e8-1211.json","markdown":"https://regulus.evalyn.ai/document/federal-register-e8-1211.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-e8-1211","source_url":"https://www.federalregister.gov/documents/2008/01/28/E8-1211/hazardous-materials-miscellaneous-amendments","body":"Federal Register, Volume 73 Issue 18 (Monday, January 28, 2008) [Federal Register Volume 73, Number 18 (Monday, January 28, 2008)] [Rules and Regulations] [Pages 4699-4720] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: E8-1211] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, 175, 177, 178, 180 [Docket No. PHMSA-05-21812 (HM-218D)] RIN 2137-AE10 Hazardous Materials; Miscellaneous Amendments AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: PHMSA is amending the Hazardous Materials Regulations to update, clarify or provide relief from certain requirements governing the classification, packaging, or labeling of hazardous materials transported in commerce. Among other provisions, PHMSA is adopting a new proper shipping name and identification number for fuel blends composed of ethanol and gasoline. In addition, PHMSA is updating references to consensus standards, revising and clarifying certain hazard communication requirements, and clarifying transportation requirements applicable to dry ice, detonator assemblies, and explosives. PHMSA is also expanding exceptions from regulation for small quantities of hazardous materials. DATES: Effective date: The effective date of these amendments is October 1, 2008. Incorporation by Reference Date: The incorporation by reference of certain publications listed in these amendments is approved by the Director of the Federal Register as of October 1, 2008. Voluntary Compliance: Compliance with the requirements adopted herein is [[Page 4700]] authorized as of January 28, 2008. However, persons voluntarily complying with these regulations should be aware that appeals may be received and as a result of PHMSA's evaluation of these appeals, the amendments adopted in this final rule could be subject to further revision. FOR FURTHER INFORMATION CONTACT: Cameron Satterthwaite, Office of Hazardous Materials Standards, (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: I. Background This final rule adopts various updates and amendments to the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) based on PHMSA initiatives and petitions for rulemaking submitted in accordance with 49 CFR 106.95. Most of the amendments, as detailed below, are intended to provide relief to industry by eliminating, revising, clarifying, or relaxing regulatory requirements. This final rule also adds a new entry to the Hazardous Materials Table (HMT) for ethanol and gasoline blends with more than 10 percent alcohol (e.g., E85). This new entry--``Ethanol and gasoline mixtures or Ethanol and motor spirit or Ethanol and petrol mixture, with more than 10% ethanol, 3, UN 3475, II,''--coupled with a revision to the entry-- ``Gasohol gasoline mixed with ethyl alcohol, with not more than 20 percent alcohol, 3, NA1203, II''--will enhance the effectiveness of hazard communication and response by aligning the classification scheme with emergency response protocols. Because these protocols vary based on the concentration of ethanol (or ``ethyl alcohol'') in a gasoline mixture, differentiating in the classification of blends is critical to effective hazard communication. To minimize regulatory cost and burden, these requirements will not become effective for two years; however, voluntary compliance is permitted immediately. In response to two petitions for rulemaking, we are adopting expanded small quantity exceptions for Packing Group II and III materials in Class 3, Division 4.1, Division 4.2, Division 4.3, Division 5.1, Division 6.1, Class 8, and Class 9. This exception is expected to yield annual savings of about $1 million, with no adverse safety impact. Also in this final rule, we are: (1) Updating provisions incorporating consensus standards issued by the Chlorine Institute and the Compressed Gas Association (see Sec. Sec. 171.7, 173.301, 178.337-9, and 178.337-10). (2) Adding a definition for ``household wastes'' to clarify the current exception in the HMR for transportation of such materials (see Sec. Sec. 171.8, 173.12 and 173.134). (3) Revising the HMT to harmonize certain entries with international standards (see Sec. 172.101) by removing, adding, and revising certain proper shipping names. (4) Revising certain hazard communication provisions to address shipping paper requirements for marine pollutants, marking requirements for limited quantities, proper shipping name markings on packages, and labeling of intermediate bulk containers (IBCs) (see Sec. Sec. 172.203, 172.315, and 172.406). (5) Clarifying requirements applicable to the transportation of dry ice on aircraft, detonator assemblies, and packagings authorized for the transportation of certain explosives (see Sec. Sec. 173.24, 173.61, 173.62, 173.217, 175.30, and 175.900). (6) Clarifying that a shipper must use a carrier with a safety permit to transport hazardous materials for which safety permits are required as specified under the Federal Motor Carrier Safety Regulations (see Sec. 173.22). (7) Clarifying segregation requirements for hazardous materials transported by motor carrier (see Sec. 177.848). II. Notice of Proposed Rulemaking We published a notice of proposed rulemaking (NPRM) under this docket on September 26, 2006 (71 FR 55757). The comment period for the NPRM closed on November 24, 2006. PHMSA received comments from the following individuals, companies, and organizations: (1) Lawrence Laude (Laude; PHMSA-05-21812-3); (2) Hydro-Test Products Inc. (Hydro-Test; PHMSA-05-21812-4); (3) Henry Hsiu (Hsiu; PHMSA-05-21812-5); (4) Archer Daniels Midland Company (ADM; PHMSA-05-21812-6); (5) Regulatory Resources Inc. (RRI; PHMSA-05-21812-7); (6) United Parcel Service (UPS; PHMSA-05-21812-8); (7) Florida Power and Light Company (FPL; PHMSA-05-21812-9); (8) Laboratory Corporation of America (LabCorp; PHMSA-05-21812-10); (9) Krista Duncan (Duncan; PHMSA-05-21812-11); (10) Petroleum Marketers Association of America (PMAA; PHMSA-05- 21812-12); (11) Health and Personal Care Logistics Conference, Inc. (H&PCLC; PHMSA-05-21812-13); (12) Association of Hazmat Shippers, Inc. (AHS; PHMSA-05-21812-14); (13) Veolia Environmental Services Technical Solutions L.L.P.C. (Veolia; PHMSA-05-21812-15); (14) National Tank Truck Carriers (NTTC; PHMSA-05-21812-16); (15) Renewable Fuels Association (RFA; PHMSA-05-21812-17); (16) American Trucking Associations (ATA; PHMSA-05-21812-18); (17) Petroleum Marketers and Convenience Stores of Iowa (PMCI; PHMSA-05-21812-19); (18) Shell Chemical LP (Shell Chemical; PHMSA-05-21812-20); and (19) BWXT Pantex, LLC (BWXT Pantex; PHMSA-05-21812-21). Commenters were generally supportive of PHMSA's efforts to update, clarify, or provide relief from certain regulatory requirements. Many of the proposals in the NPRM were either fully supported by commenters or received no comment; these amendments are adopted as proposed. Each of the proposals, with corresponding comments, is discussed in more detail below. III. Section-by-Section Review A. Gasoline/Ethanol Fuel Blends (Sec. Sec. 171.14, 172.101, 172.102, 172.336) Alternative fuels have been produced and used on a small scale for decades, driven by environmental, economic, and energy security concerns. The most common of these fuels, designated E85, is being used and transported in increasing volumes in the United States. A blend of 85 percent ethyl alcohol (ethanol) and 15 percent petroleum (gasoline), E85 poses unique hazards that must be communicated and understood immediately in the case of a transportation incident. E85 and other fuel blends with high ethanol concentration are polar/water-miscible flammable liquids (i.e., they mix with water) and will degrade the effectiveness of fire-fighting foam that is not alcohol-resistant. The 2004 Emergency Response Guidebook (ERG2004) instructs emergency responders to use different fire extinguishing materials based on the relative concentration of ethanol in a blended fuel. ERG 2004 refers to Guide 127 (Flammable Liquids Polar/Water-Miscible), which specifies the use of alcohol resistant foam for response to incidents involving Alcohols, n.o.s., 3, UN1987, or Denatured alcohol, 3, NA1987. For incidents involving blends of gasoline and ethanol (typically [[Page 4701]] transported under the shipping descriptions ``Flammable liquid, n.o.s., (ethanol, gasoline), 3, UN1993'', and ``Gasohol, 3, NA1203''), ERG 2004 refers to Guide 128 (Flammable Liquids Non-Polar/Water-Immiscible). Guide 128 specifies the use of regular foam but contains the following warning: ``CAUTION: For mixtures containing a high percentage of an alcohol or polar solvent, alcohol-resistant foam may be more effective.'' To help emergency responders utilize the most effective emergency response procedures for incidents involving fuel blends composed of ethanol (or ``ethyl alcohol'') and gasoline in various concentrations, we proposed in the NPRM to add a new proper shipping description, ``Ethanol and gasoline mixture or Ethanol and motor spirit or Ethanol and petrol mixture, with more than 10% ethanol, 3, UN3475, II'' to the HMT. This new HMT entry is consistent with a new shipping description adopted within the Fifteenth Revised Edition of the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations). In addition, we proposed to revise the hazard communication requirements for compartmented cargo tanks, tank cars, or cargo tanks that carry materials under this description. Currently, the HMR provide exceptions from the identification number marking requirements for each of the different liquid petroleum distillate fuels, including gasohol containing up to 20% ethanol, transported in a compartmented cargo tank or tank car if the identification number is displayed for the liquid petroleum distillate fuel having the lowest flash point. Because of this exception, emergency responders may not know that fires involving materials transported in a compartmented cargo tank or tank car should be handled with alcohol resistant foam. In the NPRM, we proposed to eliminate this exception for materials described under the proposed new HMT entry ``Ethanol and gasoline mixture or Ethanol and motor spirit or Ethanol and petrol mixture, with more than 10% ethanol, 3, UN3475, II''. Thus, as proposed, display of the new UN identification number for ethanol fuel blends would be required to ensure that emergency responders understand the unique response measures applicable to such materials. To facilitate compliance with the new provisions applicable to ethanol fuel blends, we proposed a two-year transition period. We asked commenters specifically to address the proposed transition period, including whether the transition period would provide sufficient time for shippers and carriers to incorporate the proposed new shipping name and UN identification number into shipping papers and package markings with minimal disruptions to normal business operations. We also asked if the proposed two-year transition period should be shortened to ensure that the new shipping name and UN identification number are utilized as quickly as possible. In addition, we requested comments on how to balance these two potentially competing goals. Shell strongly supports the addition of the new proper shipping description, ``Ethanol and gasoline mixture or Ethanol and motor spirit or Ethanol and petrol mixture, with more than 10% ethanol, 3, UN3475, II.'' Shell contends the new description will provide more effective guidance to emergency responders. Shell also notes that ethanol content greater than 10 percent in motor fuel blends requires alcohol resistant foam to minimize blanket break down and vapor breakthrough and re- ignition. Five commenters [ADM, PMAA, NTTC, RFA, and PMCI] suggest that the emergency response requirements cited in the NPRM could be satisfied through other, more effective or less costly means. PMCI suggests that adoption of the proposed amendments would increase confusion for persons attempting to determine the most appropriate shipping description for gasoline/alcohol fuel blends. NTTC and PMCI suggest using a uniform gasoline ``UN1203'' marking for both gasoline and gasoline/alcohol fuel blends, while revising the ERG to specify the use of alcohol resistant foam for any Class 3, Flammable liquid, rather than incorporating a new shipping description into the HMR. As an alternative to this approach, PMCI recommends authorizing the new shipping description for both gasoline and gasoline/alcohol fuel blends. Under this alternative, multiple compartmented cargo tanks transporting both gasoline and gasoline/alcohol fuel blends could display only one UN identification number rather than multiple UN identification numbers representing different types of fuel blends. Several commenters addressed the potential cost impacts of our proposal to limit the applicability of the current exception that permits display of the UN identification number for the material having the lowest flashpoint on multi-compartmented cargo tank motor vehicles and rail tank cars transporting different liquid petroleum distillate fuels, including gasoline and gasohol. One commenter [PMAA] asserts that the proposed rule would impose significant costs for retrofitting trucks to display multiple UN identification numbers. In response to our request for specific comments regarding the costs for tank truck carriers to comply with the proposal, NTTC states that it is unable to quantify the total number of tank trucks in ethanol service. NTTC states that its members operate over 10,000 petroleum trailers and that these trailers are equipped to transport both ethanol and gasoline, although NTCC cannot confirm the extent to which trailers actually transport both materials. NTTC further asserts that due to the shortage of petroleum trailers currently in service, with the introduction of ultra-low sulfur diesel (ULSD) and other alternative fuels, it is not practical to ``dedicate'' these trailers exclusively to gasoline or ethanol service. As a result, NTTC suggests that trailers should be equipped to handle both. Regarding the identification marking provisions, NTTC states that the majority of cargo tank motor vehicles, most of which have multiple compartments, have Hazard Class 3, FLAMMABLE LIQUID placards with UN1203 ``gasoline'' markings permanently affixed to them. NTTC estimates costs approaching or equaling $600 per vehicle to convert the identification numbers and placards on a multi- compartmented cargo tank. We believe that the new shipping description for gasoline/ethanol fuel blends will enhance emergency responders' ability to respond effectively to incidents involving these materials. A unique shipping description and UN identification number will enable emergency responders to quickly identify whether an ethanol fuel blend is present and minimize confusion as to appropriate response measures. The new shipping description will be incorporated into the 2008 edition of the ERG. Therefore, we are adopting the proposed new shipping description ``Ethanol and gasoline mixture or Ethanol and motor spirit mixture or Ethanol and petrol mixture, with more than 10% ethanol, Class 3, UN3475, II.'' We disagree with the cost estimates from NTTC. As detailed in a May 1, 2006 letter of clarification (Reference Number 01-0082R; included in the docket for this rulemaking), the marking exception does not apply to multi-compartment cargo tanks or rail tank cars containing a fuel blend with more than 10 percent alcohol and various petroleum distillate fuels because the alcohol-fuel blend does not meet the definition for a petroleum distillate fuel. Therefore, a multi- compartment cargo [[Page 4702]] tank or rail tank car containing an alcohol-fuel blend together with petroleum distillate fuels such as gasoline must be marked with the identification number applicable to the fuel blend, in addition to the identification number of the petroleum distillate fuel. For example, under current requirements, a compartmented cargo tank containing Gasoline, UN1203; Diesel Fuel, UN1993; Flammable liquid, n.o.s. (E85), UN1993; and Denatured Alcohol, NA1987, must display identification numbers ``1203,'' ``1993'' (for the E85), and ``1987.'' After the effective date of this final rule, a compartmented cargo tank carrying the same materials will be required to display identification numbers ``1203,'' ``3475'' (for the E85), and ``1987.'' In this scenario, the only modification is replacement of the identification number ``1993'' (for the E85) with new identification number ``3475'' for gasoline and alcohol blends containing more than 10% alcohol. The cost to replace one identification number marking on up to 4 sides of the vehicle should be significantly less than the costs estimated by commenters. Further, to minimize the cost of transitioning to the new UN3475 marking, we are permitting motor carriers to transport E85 in accordance with the most recent marking requirements in place prior to the publication of this rule for a period of two years following the effective date of this final rule. Specifically, we are permitting use of compartmented cargo tanks, tank cars, and cargo tanks displaying the current UN identification number marking of the distillate fuel having the lowest flashpoint in addition to the UN identification number marking of fuel blends containing more than 10 percent alcohol. We believe the two-year transition period will substantially reduce the financial burden on carriers affected by this amendment by allowing them to retain the current permanent markings on their tanks while transitioning to the new identification marking for UN3475. We did not receive any comments opposing the implementation of a two-year transition period. Currently, the HMR references special provision 172 under the entries ``Denatured alcohol, NA1987'' and ``Alcohols, n.o.s., UN1987.'' Special provision 172 allows for the alcohols described under these entries to contain up to 5 percent petroleum products. The ethanol blend, E95, is an alcohol solution containing up to 5 percent petroleum product and may be described as either ``Denatured alcohol, NA1987'' or ``Alcohols, n.o.s., UN1987.'' Therefore, to maintain consistency with the current requirements and to further offset potential costs, we are allowing transportation of ethanol and gasoline blends containing no more than 5 percent petroleum product and described as ``Denatured alcohol'' or ``Alcohols, n.os.'' to be marked with the identification number ``1987'' instead of ``3475.'' This exception is consistent with a comment submitted by RFA noting that many ethanol-fuel blends such as E95 (containing 95% ethanol and 5% gasoline), are currently shipped in bulk packagings marked with the UN identification number ``1987,'' corresponding to the proper shipping names ``Denatured alcohol'' and ``Alcohols, n.o.s.'' Although we are not introducing a new shipping description that corresponds to the identification number ``1987'' as suggested by RFA, we agree that the proper shipping names ``Alcohols, n.o.s., UN1987'' and ``Denatured alcohol, NA1987'' are acceptable alternatives to the new proper shipping name ``Ethanol and gasoline mixture or Ethanol and motor spirit mixture or Ethanol and petrol mixture, with more than 10% ethanol, UN3475'' for ethanol and gasoline mixtures containing not more than 5 percent petroleum products. In relation to adding the new proper shipping description, ``Ethanol and gasoline mixture or Ethanol and motor spirit or Ethanol and petrol mixture, with more than 10% ethanol, 3, UN3475, II,'' we proposed in the NPRM to add a new Special Provision 177 in Sec. 172.102 to specify the proper applicability of this new description. We received no comments opposing this proposed amendment and are, therefore, adopting it as proposed. To correspond with the new shipping description in this final rule, we are also revising the entry for ``Gasohol gasoline mixed with ethyl alcohol, with not more than 20 percent alcohol, 3, NA1203, II'' to limit this entry to gasoline blends with not more than 10 percent alcohol. The purpose of this revision is to make it explicitly clear that gasoline blends containing more than 10 percent ethanol should be described under the new shipping description ``Ethanol and gasoline mixture or Ethanol and motor spirit or Ethanol and petrol mixture, with more than 10% ethanol, 3, UN3475, II.'' To minimize the financial impact of this revision we are authorizing continued use of the entry ``Gasohol gasoline mixed with ethyl alcohol, with not more than 20 percent alcohol, 3, NA1203, II'' for two years following the effective date of this final rule. In conjunction with the new description for gasoline and ethanol blends with more than 10 percent ethanol, Shell suggests removing the entry ``Gasohol, NA1203'' and revising the entry for ``Gasoline, UN1203'' to add a special provision that specifically communicates to shippers that the entry ``Gasoline, UN1203'' may be used for gasoline and ethanol blends with not more than 10 percent ethanol for use in spark-ignition engines. We agree that Shell's suggestion has merit. Although we are not removing the entry ``Gasohol, NA1203'' in this rule, we are revising the entry ``Gasoline, UN1203'' to allow for this description to be used for gasoline and ethanol blends with not more than 10 percent ethanol. We are revising the proper shipping name in column 2 of the HMT to include the allowance in italics following the name ``Gasoline.'' This will provide shippers with the flexibility to accurately describe gasoline containing small amounts of ethanol on their shipping documentation. The ever increasing amount of gasoline blends containing 10 percent or less ethanol makes this modification particularly important. The following chart compares currently authorized proper shipping names and the proper shipping names authorized under this final rule for gasoline and gasoline-alcohol blends: ------------------------------------------------------------------------ Proper shipping name Current proper and ID number Material shipping name and ID authorized in this number final rule ------------------------------------------------------------------------ Gasoline, with not more than Gasohol, NA1203..... Gasohol, 10% ethanol. NA1203. Gasoline UN 1203. Gasoline, with not more than Gasohol, NA1203..... Gasohol, 20% ethanol. NA1203 (w/ not more than 10% ethanol). Gasoline UN 1203 (w/ not more than 10% ethanol) Ethanol and gasoline mixture, UN3475 (w/ more than 10% ethanol) [[Page 4703]] Gasoline/ethanol blends with Ethanol more than 10% ethanol.. Flammable and gasoline liquid, n.o.s., mixture, UN3475. UN1993. Alcohols, Gasohol, n.o.s., UN1987 NA1203(w/ not more (Alcohol mixtures than 20% ethanol). containing up to 5% gasoline). Denatured alcohol, NA1987 (Alcohol mixtures containing up to 5% gasoline). Ethanol and gasoline mixture, UN3475 (Alcohol mixtures containing up to 5% gasoline). E85 (85% ethanol, 15% Flammable liquid, Ethanol and gasoline gasoline). n.o.s., UN1993. mixture, UN3475. Alcohol mixtures containing up to 5% gasoline. Alcohols, Alcohols, n.o.s., UN1987. n.o.s., UN1987. Denatured Denatured alcohol, NA1987. alcohol, NA1987. Ethanol and gasoline mixture, UN3475. E95 (95% ethanol, 5% gasoline). Alcohols, Alcohols, n.o.s., UN1987. n.o.s., UN1987. Denatured Denatured alcohol, NA1987. alcohol, NA1987. Ethanol and gasoline mixture, UN3475. ------------------------------------------------------------------------ B. Marine Pollutants (Sec. Sec. 171.4 and 172.203) Marine pollutants are hazardous materials that present an environmental hazard to rivers, lakes, streams, oceans, and other marine habitats. Section 171.4 prohibits the transportation of materials meeting the definition of a marine pollutant except in accordance with HMR requirements. Marine pollutants transported in non- bulk packagings are excepted from HMR requirements, unless the transportation is by vessel. The International Vessel Operators Hazardous Materials Association, Inc. (VOHMA) petitioned PHMSA (P-1465) to amend the HMR to clarify that the exception for non-bulk packages of marine pollutants transported by motor vehicle, rail car or aircraft does not apply to a marine pollutant ``intended for transport'' aboard a vessel. VOHMA states that the current language suggests the consignor who prepares the shipment and offers it in intermodal transportation has no obligation to declare the marine pollutant on the shipping paper if the initial transport is by motor vehicle or rail. As a result, a shipment intended for transportation by vessel and initially offered into transportation by highway, rail or air may be improperly described on the vessel shipping documents by a freight forwarder. To address VOHMA's concerns, in the NPRM we proposed to clarify in Sec. 171.4(c) that shipments for which all or part of the transportation is by vessel must conform to applicable HMR requirements, even if the initial transportation is by rail or highway. We also proposed to amend Sec. 172.203(l), which addresses shipping paper requirements for shipments of marine pollutants, to clarify that marine pollutants in non-bulk packagings transported all or in part by vessel must be shown on the shipping paper with the words ``Marine Pollutant'' appearing in association with the basic description. One commenter [Hsiu] supports the proposed clarification. Another commenter [Shell Chemical] expresses concern regarding our proposed clarification in Sec. 172.203(l). Shell Chemical states that addressing marine pollutants only is not broad enough to address VOHMA's petition. Shell Chemical notes that the proposed amendment for marine pollutants would not address other shipping paper provisions specific to vessel shipments and the IMDG Code, which, while not required for U.S. domestic land transportation, are mandatory for vessel transportation. The commenter notes as an example the requirement for adding the minimum flashpoint to the shipping paper if the flashpoint is less than 60.5[deg]C, which is required in Sec. 172.203(i) for vessel transportation. The commenter also states that shippers who use computer systems may have a problem generating a single shipping description to meet all the requirements for vessel shipments where the initial carriage is by highway and subsequent carriage is by vessel. In this situation, according to Shell Chemical, the computer system normally generates two shipping documents: one for the highway portion of the shipment and another, which is sent to the shipper's port agent, covering the vessel portion and containing the IMDG Code description. To address these issues, Shell Chemical suggests revising only Sec. 172.203(i) to require a shipper who offers a hazardous material by vessel either directly or indirectly to provide the initial carrier or port agent all information necessary for shipment in accordance with the IMDG Code and allow for the IMDG Code information to appear either on the initial carrier's shipping paper or on a separate document. We disagree. The addition of the language proposed by Shell Chemical would require all vessel shipments to conform to the IMDG Code, which is authorized but not required for domestic shipments. Further, because no provision of the HMR prohibits inclusion of additional information in a shipping paper, making express allowance for this in Sec. 172.203(i) would be redundant and unnecessary. Therefore, we are adopting the amendments as proposed. C. Incorporation by Reference (Sec. 171.7) The ``National Technology Transfer and Advancement Act of 1996'' directs agencies to use voluntary consensus standards. According to the Office of Management and Budget (OMB), Circular A-119, ``Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities,'' government agencies must use voluntary consensus standards wherever practical in the development of regulations. Agency adoption of industry standards promotes productivity and efficiency in government and industry, expands opportunities for international trade, conserves resources, improves health and safety, and protects the environment. To these ends, PHMSA actively participates in the development and updating of consensus standards through representation on more than 20 national consensus standards bodies. PHMSA regularly reviews updated consensus standards and considers their merit for inclusion in the HMR. Section 171.7 lists all standards incorporated by reference into the HMR. In this case, we evaluated the following updated consensus standards pertaining to cargo tanks and compressed gas cylinders and determined that the revised standards provide an enhanced level of safety [[Page 4704]] without imposing significant compliance burdens. These standards have a well-established and documented safety history; their adoption will maintain the high safety standard currently achieved under the HMR. We received no comments opposing our adoption of the consensus standards and informational materials proposed in the NPRM. Therefore, we are updating, revising, and adding the following reference materials in paragraphs (a)(3) and (b) of Sec. 171.7: In response to a Chlorine Institute petition (P-1444), under the entry ``Chlorine Institute,'' we are updating ``Type 1\\1/2\\ JQ 225, Dwg., H51970, Revision D April 5, 1989; or Type 1\\1/2\\ JQ 225, Dwg. H50155, Revision F, April 4, 1989'' to Revisions F and H respectively. In response to a Chlorine Institute petition (P-1444), under the entry ``Chlorine Institute,'' we are updating ``Section 3, Pamphlet 57, Emergency Shut-Off Systems for Bulk Transfer of Chlorine, 3rd Edition, October 1997'' to the 4th Edition, October 2003. In response to a Chlorine Institute petition (P-1444), under the entry ``Chlorine Institute,'' we are adding a reference to ``Section 3, Pamphlet 166 Angle Valve Guidelines for Chlorine Bulk Transportation, 1st Edition, October 2002.'' In response to a Chlorine Institute petition (P-1444) and a Midland Manufacturing Corporation petition (P-1448), under the entry ``Chlorine Institute,'' we are adding a reference to ``Typical Manway Arrangement Chlorine Cargo Tank, Dwg. 137-5, November 1996.'' In response to a Chlorine Institute petition (P-1444), under the entry ``Chlorine Institute,'' we are removing the reference to ``Standards for Housing and Manway Covers for Steel Cargo Tanks, Dwgs. 137-1 and 137-2, September 1, 1982.'' In response to a Compressed Gas Association (CGA) petition (P-1482), we are updating ``CGA Pamphlet C-5 Cylinder Service Life-- Seamless Steel High Pressure Cylinders, 1991'' to the reaffirmed 1995 Edition. In response to a CGA petition (P-1472), we are updating ``CGA Pamphlet C-7, A Guide for the Preparation of Precautionary Markings of Compressed Gas Containers, appendix A, issued 1992 (6th Edition)'' to the 2004 (Eighth) Edition. The updated pamphlet allows for hazard class numbers to be placed on subsidiary labels which is prohibited in the 1992 Edition. In response to a CGA petition (P-1440), we are authorizing the use of ``S-1.1, Pressure Relief Device Standards--Part 1--Cylinders for Compressed Gases, 2005 (with the exception of paragraph 9.1.1.1), Twelfth Edition'' for DOT specification cylinders and UN pressure receptacles. Consequently, we will be removing references to the Ninth Edition (1996) and Eleventh Edition (2003). In response to a CGA petition (P-1440), we are updating ``CGA Pamphlet S-7, Method for Selecting Pressure Relief Devices for Compressed Gas Mixtures in Cylinders, 1996'' to the 2005 Edition. We are updating ``ISO 7225, Gas cylinders--Precautionary labels, First Edition, November 1994, (Corrected and reprinted August 1995), (E)'' to the Second Edition, July 2005. Paragraph (b) of this section contains a list of informational materials not requiring incorporation by reference. These materials are for informational purposes only and are not mandatory requirements. In the NPRM, we proposed to revise paragraph (b) of this section to add a reference to CGA publication, ``C-1.1, Personnel Training and Certification Guidelines for Cylinder Requalification by the Volumetric Expansion, issued 2004 (1st Edition).'' In addition we proposed to add a new paragraph (g)(6) to Sec. 180.205 to indicate that the CGA publication is an example of materials that may be used to train personnel in requalifying cylinders using the volumetric expansion method. One commenter [Hydro-Test] states that other commercially available guidelines concerning the requalification of cylinders may be overlooked if the CGA publication is specifically referenced in the HMR. We recognize that other satisfactory training materials are available or may be developed. It is not our intention to require the use of a particular set of training materials. Rather, as the rule text makes explicit, the referenced publication is cited only as an example of available training materials. D. Household Wastes (Sec. Sec. 171.8, 173.12, and 173.134) Although the HMR explicitly exempt shipments of ``hazardous waste'' (Sec. 173.134(b)(13)(i)), the term ``hazardous waste'' is not defined in the rules. In the NPRM, we proposed to include a new definition for ``Household wastes'' to mean ``any solid waste (including garbage, trash, and sanitary waste from septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).'' We also proposed to clarify in Sec. 173.12, which provides packaging exceptions for hazardous waste shipments, that household wastes are not subject to the HMR. Three commenters [Duncan; Veolia; and RRI] oppose the amendments, suggesting that the proposed definition would allow unregulated transportation of household hazardous wastes to and from household waste collection centers. RRI also asserts the proposed definition could cause confusion because it would except all ``household wastes,'' without regard to hazards, quantities, or commercial or personal generation. The commenters appear to have misunderstood our intent in proposing a definition for ``household wastes.'' The definition is intended to clarify a long-standing exception from regulation under the HMR for waste materials that are generated from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas). Such household wastes typically are picked up at curbside by municipal governments for disposal in accordance with applicable State or local government requirements. In regard to collection centers, we note that the transportation of consolidated household waste material in a motor vehicle by a government employee, solely for noncommercial government purposes, is not ``commercial'' transportation for purposes of the HMR and, therefore, is not subject to the requirements of the HMR (see Sec. 171.1(d)(5)). However, transportation of a consolidated hazardous waste shipment from a collection center by a commercial motor carrier under contract to a government entity is ``commercial'' transportation for purposes of the HMR and, therefore, is subject to all applicable HMR requirements. RRI also questions the use of undefined terms within the proposed definition, such as ``solid waste,'' ``sanitary waste,'' ``hotel,'' and ``motel.'' RRI observes that the Environmental Protection Agency (EPA) uses similar terminology, but may define such terms differently, causing confusion regarding the applicability of these terms. We disagree. The term ``solid waste'' is meant to cover those items commonly found in household trash and garbage receptacles; the meaning of the terms ``hotel,'' ``motel,'' and ``sanitary waste'' should be evident from the way these terms are used in the definition. Further, although there are similarities [[Page 4705]] in terminology between PHMSA's and EPA's requirements, PHMSA's definitions are intended to stand on their own for the purposes of transportation under the HMR. For the reasons described above, in this final rule, we are adopting the definition and clarifications for ``Household waste'' as proposed in the NPRM. E. Hazardous Materials Table (HMT; Sec. 172.101) Section 172.101 contains the HMT and explanations for each of the columns in the HMT. This final rule makes various amendments to the HMT. For the purpose of the Government Printing Office's publication procedures, changes to the HMT appear under three sections of the Table, ``remove,'' ``add,'' and ``revise.'' In the NPRM, we proposed to harmonize certain proper shipping names in the HMR with the Fourteenth revised edition of the UN Recommendations, the 2007-2008 International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and Amendment 33 to the International Maritime Organization Dangerous Goods Code (IMDG Code), and to correct other entries. One commenter [Laude] identified an error in the NPRM: The non-bulk packaging references for the HMT entry ``Radioactive material, Type A package non-special form, non fissile or fissile excepted, Class 7, UN2915,'' were incorrect. This error has been corrected in this final rule. We did not receive any comments opposing these proposed changes and are, therefore, adopting the amendments as proposed. In addition we are removing two entries for ``Hydrazine aqueous solution, with more than 37% hydrazine, by mass, UN2030.'' A duplicate entry was inadvertently added during the process of amending ``Hydrazine aqueous solution, with more than 37% hydrazine, by mass, UN2030'' under docket HM-244, which was published in the Federal Register on October 1, 2007 (72 FR 52578). Both of these entries contained errors. Therefore, we are removing both entries and adding the correct description for ``Hydrazine aqueous solution, with more than 37% hydrazine, by mass, UN2030.'' F. Special Provisions (Sec. 172.102) Section 172.102 lists a number of special provisions applicable to the transportation of specific hazardous materials. Special provisions contain packaging provisions, prohibitions, and exceptions applicable to particular quantities or forms of hazardous materials. In the NPRM, we proposed to revise Special Provision B69 to clarify that metal covered hopper cars, covered motor vehicles, portable tanks, and non- specification bins must be sift-proof and weather-resistant and to remove the requirement for bins to be approved by the Associate Administrator. We received no comments on this proposal; therefore, we are adopting it without change in this final rule. G. Package Marking--RQ (Sec. Sec. 172.315 and 172.324) Except for transportation by aircraft, Sec. 172.315 excepts limited quantity shipments of hazardous materials from the requirement for marking the proper shipping name of the material on the package when the identification number of the material is shown within a square-on-point configuration. In the NPRM, we proposed to revise Sec. 172.315 to clarify that if a shipper identifies a limited quantity material which is also a hazardous substance, the shipper is required to mark the letters ``RQ'' on the package in association with the square-on-point conf","truncated":true,"body_characters":126692}