[Federal Register Volume 79, Number 52 (Tuesday, March 18, 2014)]
[Rules and Regulations]
[Pages 15033-15046]
[FR Doc No: 2014-05630]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 171, 172, 173, 175 and 178

[Docket No. PHMSA-2011-0158 (HM-233C)]
RIN 2137-AE82

Hazardous Materials: Adoption of Certain Special Permits and
Competent Authorities Into Regulations

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Final rule.

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SUMMARY: The Pipeline and Hazardous Materials Safety Administration is
amending the Hazardous Materials Regulations (HMR) to adopt provisions
contained in certain widely used or longstanding special permits and
certain competent authority approvals (``approvals'') that have
established safety records. Special permits allow a company or
individual to package or ship a hazardous material in a manner that
varies from the regulations provided an equivalent level of safety is
maintained. An approval is a written consent (document) required under
an international standard (i.e., International Maritime Dangerous Goods
(IMDG) Code, International Civil Aviation Organization's Technical
Instructions for the Safe Transport of Dangerous Goods by Air (ICAO
TI)), or is specifically provided for in the HMR, and is issued by the
Associate Administrator for Hazardous Materials Safety. These revisions
are intended to provide wider access to the regulatory flexibility
offered in special permits and approvals and eliminate the need for
numerous renewal requests, reducing paperwork burdens and facilitating
commerce while maintaining an appropriate level of safety.

DATES: This regulation is effective April 17, 2014. The incorporation
by reference of certain publications listed in the rule is approved by
the Director of the Federal Register as of April 17, 2014.

FOR FURTHER INFORMATION CONTACT: Steven Andrews, Office of Hazardous
Materials Safety, Standards and Rulemaking Division,<PHONE_NUMBER>,
or, Diane LaValle, Office of Hazardous Materials Safety, Approvals and
Permits Division,<PHONE_NUMBER>, Pipeline and Hazardous Materials
Safety Administration (PHMSA), 1200 New Jersey Avenue SE., Washington,
DC 20590.

SUPPLEMENTARY INFORMATION:
I. Executive Summary
II. Background
III. Overview of Amendments
IV. List of Commenters
V. Regulatory Analyses and Notices

I. Executive Summary

    PHMSA is amending the Hazardous Materials Regulations (HMR; 49 CFR
parts 171-180) to adopt several long standing special permits and
competent authority approvals into the HMR. The identified special
permits and competent authority approvals have a long history of
safety. Special permits allow a company or individual to package or
ship a hazardous material in a manner that varies from the HMR provided
an equivalent level of safety is maintained. A competent authority (CA)
approval is a written consent (document) required under an
international standard (i.e., International Maritime Dangerous Goods
(IMDG) Code or International Civil Aviation Organization's Technical
Instructions for the Safe Transport of Dangerous Goods by Air (ICAO
TI)) and is issued by the Associate Administrator for Hazardous
Materials Safety.
    In 2009, an audit of the Special Permits program by the Office of
the Inspector General identified a need for an ongoing review of all
open special permits with an outlook towards identifying those that
should be made part of the HMR to reduce the overall economic burden to
both affected industry and the government. Three rulemakings, HM-233A;
PHMSA-2009-0289 (75 FR 27205), HM-245; PHMSA-2010-0017 (76 FR 5483),
and HM-216B; PHMSA-2010-0018 (77 FR 37962) have successfully codified
certain special permits into the HMR. These revisions provide wider
access to the regulatory flexibility offered in special permits and
eliminate the need for numerous renewal requests, thus reducing
paperwork burdens and facilitating commerce while maintaining an
appropriate level of safety.
    This Final Rule, HM-233C, continues this initiative by adopting
several other long-standing special permits and competent authority
approvals with proven safety records into the HMR. The special permits
affected by the final rule represent variances from current regulations
on topics categorized as follows:
     Limited quantities of liquids and solids containing ethyl
alcohol.
     Transportation of solid coal tar pitch compounds.
     Transportation of certain ammonia solutions in UN1H1 and
UN6HA1 drums.
     Transportation of spent bleaching earth.
     Requalification of non-DOT specification cylinders in
life-saving appliances.
     Use of regulated medical waste containers displaying
alternative markings.
     Adoption of special permits to harmonize with FAA
Modernization and Reform Act of 2012.
    The economic impact of the final rule can thus be summarized as
follows:
    NET COST: $0. Currently, industry must apply for a special permit
in order to ship materials as described in this final rule. Adoption of
these special permits into the HMR will reduce the burden on industry
by no longer requiring industry to apply for a special permit to ship
these materials. Therefore, this final rule does not impose any new
costs to industry.
    NET BENEFITS: $9,900 per year. (Averaged over 10 years, at a 7%
annual
    discount rate.)
    In addition to general positive economic impacts noted above, this
final rule will eliminate the need for

numerous party-to applications and renewal requests. PHMSA estimates
that the adoption of these special permits and competent authority
approvals will result in 140 fewer responses per year.

II. Background

    PHMSA is amending the HMR to adopt certain requirements based on
existing special permits (SPs) issued by PHMSA under 49 CFR Part 107,
Subpart B (Sec. Sec.  107.101 to 107.127) and certain approvals issued
under 49 CFR Part 107, Subpart D (Sec. Sec.  107.401 to 107.405). A
special permit sets forth alternative requirements--or a variance--to
the requirements in the HMR in a way that achieves a safety level at
least equal to the safety level required under the regulations or that
is consistent with the public interest. See 49 CFR 107.105(d). Congress
expressly authorized DOT to issue these variances in the Hazardous
Materials Transportation Act (US Code: 49 U.S.C. 5109-5127) as amended.
An approval is a written consent (document) required under an
international standard (i.e., IMDG Code, ICAO TI), or is authorized in
a specific section of the HMR and is issued by the Associate
Administrator for Hazardous Materials Safety.

Special Permits

    The HMR generally are performance-oriented regulations, which
provide the regulated community with some flexibility in meeting safety
requirements. Even so, not every transportation situation can be
anticipated and built into the regulations. Innovation is the strength
of our economy and the hazardous materials community is a leader in
developing new materials and technologies and innovative ways of moving
materials. Special permits enable the hazardous materials industry to
quickly, effectively, and safely integrate new products and
technologies into production and the transportation stream. Thus,
special permits provide a mechanism for testing new technologies,
promoting increased transportation efficiency and productivity, and
ensuring global competitiveness. Hazardous materials transported under
the terms of a special permit must achieve a level of safety at least
equal to the level of safety achieved when transported under the HMR or
that is consistent with the public interest. Implementation of new
technologies and operational techniques may enhance safety. Special
permits also reduce the volume and complexity of the HMR by addressing
unique or infrequent transportation situations that would be difficult
to accommodate in regulations intended for use by a wide range of
shippers and carriers.
    PHMSA conducts ongoing reviews of special permits to identify
widely used and longstanding special permits with established safety
records for conversion into regulations of broader applicability.
Converting these special permits into regulations reduces paperwork
burdens and facilitates commerce while maintaining an acceptable level
of safety. Additionally, adoption of special permits as rules of
general applicability provides wider access to the benefits and
regulatory flexibility of the provisions granted in the special
permits. Factors that influence whether or not a specific special
permit is a candidate for regulatory action include: the safety record
for hazardous materials transported or operations conducted under a
special permit; potential broad application of a special permit;
suitability of provisions in the special permit for adoption into the
HMR; rulemaking activity in related areas; and agency priorities.
During PHMSA's analysis of the suitability for adoption of each special
permit, PHMSA performed a search of incident reports from the previous
10 years to determine whether there were any safety issues related to
each special permit.
    The special permits addressed in this final rule have hundreds of
party status holders. Party status is granted to a person who intends
to offer for transportation or transport a hazardous material or
perform an activity subject to the HMR in the same manner as the
original applicant.
    These amendments to the HMR will eliminate the need for
approximately 464 current holders to reapply for renewal of 20 special
permits. Adoption of special permits into the HMR eliminates
significant paperwork burdens. As a condition of a special permit
issued by PHMSA and depending on the provisions of the special permit,
a copy of each special permit must be: (1) maintained at each facility
where an operation is conducted or a packaging is manufactured under a
special permit; (2) maintained at each facility where a package is
offered or re-offered for transportation under a special permit; and
(3) in some cases, carried aboard each transport vehicle used to
transport a hazardous material under a special permit.

Competent Authority Approvals

    The HMR also allows for PHMSA to grant approvals to companies or
organizations for the manufacturing of packages in accordance with the
HMR. PHMSA has identified approvals that have an established safety
record to adopt into the HMR. The approvals PHMSA identified for
conversion into the HMR have an established safety record and warrant
adoption into regulations of broader applicability. Converting these
approvals into regulations reduces paperwork burdens and facilitates
commerce while maintaining an acceptable level of safety. A copy of
each approval must be maintained at each facility where a packaging is
manufactured under this approval. The adoption of component authority
approvals eliminates the renewal and maintenance requirements that were
previously required. Additionally, adoption of approvals as rules of
general applicability provides wider access to the benefits and
regulatory flexibility of the provisions granted in the approvals.
Factors that influence whether a specific approval is a candidate for
regulatory action include: the safety record, whether broadly
applicable, related rulemakings, and agency priorities.

Part 171

Section 171.7
    Section 171.7 provides a listing of all standards incorporated by
reference into the HMR. For this rulemaking, PHMSA is revising the
entry for the Compressed Gas Association (CGA) Pamphlet C-6, Standards
for Visual Inspection of Steel Compressed Gas Cylinders, 1993 to add a
reference to Sec.  172.102, (Special Provisions). This standard has a
well-established and documented safety history; its revision will
maintain the high safety standard currently achieved under the HMR.

III. Overview of Amendments

    PHMSA would like to note that SP 13124 was accidently mentioned in
this section in the NPRM. It was not PHMSA's intention to mention this
special permit in this rulemaking. Special permit 13124 is no longer
needed based on a final rule published in the Federal Register on
October 1, 2003 [68 FR 44992] under docket number RSPA-2002-13658 (HM-
215E). The special permits and competent authorities mentioned in this
rulemaking are available for viewing on PHMSA's Web site at http://phmsa.dot.gov/hazmat/permits-approvals. In this Final Rule, PHMSA is
revising the HMR by adopting the following special permits and
competent authority approvals:

Special Permits

     DOT-SP 9275--Authorization for the transportation in
commerce of certain limited quantities of liquids and

solids containing ethyl alcohol and exempt these shipments from the
provisions of the HMR. PHMSA is modifying this adoption to limit
containers using this exception to 8 fluid ounces and eliminating the
need for marking the words ``contains ethyl alcohol on the package.''
Packages shipping between 8 fluid ounces and 1 gallon under this
section are required to place the words ``contains ethyl alcohol'' on
the package.
     DOT-SP 11263--Authorization for the transportation of
Class 9 solid coal pitch compounds in non-specification open-top or
closed-top sift proof metal cans or fiber drums.
     DOT-SP 11836--Authorization for the transportation in
commerce of UN1H1 and UN6HA1 drums containing ammonia solutions that do
not meet certain requirements contained in Sec. Sec.  173.24 and
173.24a.
     DOT-SP 12134--Authorization of exceptions for spent
bleaching earth (Division 4.2 PG III)
     DOT-SP 12825--Authorization to transport Life-saving
appliances, self-inflating, containing non-specification steel
cylinders between a vessel and an authorized facility for servicing.
     DOT-SP 14479--Authorization for the use of alternative
shipping names and marking requirements for regulated medical wastes.
     Special Permits for Harmonization with the ``FAA
Modernization and Reform Act of 2012''--PHMSA is adding an exception to
the HMR for Oxygen cylinders and other Oxidizing cylinders transported
aboard aircraft within the state of Alaska. This language will make
several existing special permits no longer necessary.
    This includes the following special permits: 14903, 14908, 15062,
15075, 15076, 15077, 15078, 15079, 15092, 15094, 15095, and 15143.

Approvals

     CA2005120010--Authorization to manufacture, mark, and sell
UN4G combination packagings with outer fiberboard boxes and with inner
fiberboard components that have basis weights that vary by not more
than plus or minus 5% from the measured basis weight in the initial
design qualification test report.
     CA20060660005--Authorization to manufacture, mark, and
sell UN5M1 and UN5M2 multi-wall paper bags with individual paper wall
basis weights that vary by plus or minus 5% from the nominal basis
weights reported in the initial design qualification test report.
     CA2006060006--Authorization to manufacture, mark, and sell
UN4G combination packagings with outer fiberboard components that have
individual containerboard basis weights that vary by plus or minus 5%
from the nominal basis weight reported in the initial design.
     CA2006010012--Authorization to manufacture, mark, and sell
UN4G combination packagings with outer fiberboard boxes and with inner
fiberboard components that have individual containerboard basis weight
that vary by plus or minus 5% from the nominal basis weight reported in
the initial design qualification test report.

Revision to Approvals Renewals

     PHMSA is revising this section to allow for approval
holders applying for a timely renewal to continue using their approval
after the expiration date if they apply within 60 days of the
expiration dates.

IV. List of Commenters

    In response to the NPRM, PHMSA received 36 comments. A majority of
these commenters were in support of the Fibre Box Associations comments
to increase the packaging variation of +/- 5% to +/- 10%. Other
commenters mostly supported modifying the proposed adoption of SP 9275
to not include the requirement to mark packages with ``contains ethyl
alcohol.'' The commenters and the docket number were the comments are
located are listed below:

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            Commenter                          Docket ID No.
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American Trucking Association      PHMSA-2011-0158-0019
 (ATA).
Association of Hazmat Shippers...  PHMSA-2011-0158-0031
Atlas Container..................  PHMSA-2011-0158-0037
Batavia Container, Inc...........  PHMSA-2011-0158-0012
Bates Container..................  PHMSA-2011-0158-0011
Bemis Company....................  PHMSA-2011-0158-0034
California Box...................  PHMSA-2011-0158-0025
Council on Safe Transportation of  PHMSA-2011-0158-0029
 Hazardous Articles, Inc.
Dangerous Goods Advisory Council.  PHMSA-2011-0158-0030
Exopack, LLC.....................  PHMSA-2011-0158-0009
Fibre Box Association............  PHMSA-2011-0158-0004
Georgia Pacific..................  PHMSA-2011-0158-0022
Great Northern Corporation.......  PHMSA-2011-0158-0006
Green Bay Packaging..............  PHMSA-2011-0158-0008
Greif, LLC.......................  PHMSA-2011-0158-0017
Healthcare Waste Institute.......  PHMSA-2011-0158-0028
Hood Packaging Corporation.......  PHMSA-2011-0158-0014
International Paper..............  PHMSA-2011-0158-0010
International Vessel Operators     PHMSA-2011-0158-0026
 Dangerous Goods Association Inc
 (IVODGA).
Langston Companies, Inc..........  PHMSA-2011-0158-0036
Lawrence Paper Company...........  PHMSA-2011-0158-0015
Lonnie Jaycox....................  PHMSA-2011-0158-0002
Mall City Containers.............  PHMSA-2011-0158-0021
National Association of Chemical   PHMSA-2011-0158-0032
 Distributors.
Niagara Sheets LLC...............  PHMSA-2011-0158-0027
Norampac.........................  PHMSA-2011-0158-0020
Packaging Corporation of America.  PHMSA-2011-0158-0024
Packaging Services...............  PHMSA-2011-0158-0005
Paper Shipping Sack                PHMSA-2011-0158-0018
 Manufacturers' Association
 (PSSMA).
Porto Packaging..................  PHMSA-2011-0158-0016
Pro-Pack Testing.................  PHMSA-2011-0158-0007
SMC Packaging Group..............  PHMSA-2011-0158-0023
Stericycle, Inc..................  PHMSA-2011-0158-0003
United Parcel Service (UPS)......  PHMSA-2011-0158-0033

Viking Industries, Inc...........  PHMSA-2011-0158-0013
Werthan Packaging Inc............  PHMSA-2011-0158-0035
------------------------------------------------------------------------

V. Summary Review of Amendments and Response to Comments

A. Consumer Products Containing Liquids and Solids Containing Ethyl
Alcohol

    DOT-SP 9275 authorizes the transportation in commerce of certain
beverages, foods, cosmetics, medicines, medical screening solutions and
concentrates containing ethyl alcohol and exempts these shipments from
the provisions of HMR. This special permit has been in effect since at
least 1985 and had been utilized by hundreds of companies. However, on
August 18, 2011 PHMSA found that SP 9275 did not provide a level of
safety at least equivalent to the HMR due to the lack of hazard
communications markings. This was discovered during PHMSA's review of
all special permits as required by the DOT Office of the Inspector
General (OIG) to ensure all special permits met an equivalent level of
safety. PHMSA issued a revised version of SP 9275 to address the lack
of hazard communication markings on August 18, 2011.
    In response to the NPRM, PHMSA received several comments on how to
adopt this special permit. Several commenters opposed the requirement
for the shipments under the proposed section to require the words
``contains ethyl alcohol'' on the outside of the package. After careful
consideration of these comments, PHMSA is adopting the special permit
without requiring the words ``contains ethyl alcohol'' for shipments of
ethyl alcohol in quantities not exceeding 8 fluid ounces in glass
containers and not exceeding 16 fluid ounces in non-glass containers.
For shipments of ethyl alcohol (not more than 70% concentration) in
quantities greater than 8 fluid ounces in glass containers and greater
than 16 ounces in non-glass containers, the words ``contains ethyl
alcohol'' are required on the outside of the package. Shipments of
ethyl alcohol in quantities of 8 ounces or less are not required to be
marked with the words `contains ethyl alcohol'.'' (This would apply to
both greater than and less than 70% concentration.)
    Therefore, PHMSA is adopting the terms of SP 9275 as revised on
August 18, 2011 with modification. PHMSA is adopting this special
permit to allow certain limited quantities of ethyl alcohol to be
excepted from the applicable provisions of the HMR that require the
packages to be marked with the words ``Contains Ethyl Alcohol.'' PHMSA
is adding Sec.  173.150(g) to allow for the shipment of limited
quantities of ethyl alcohol of not exceeding 8 fluid ounces in glass
containers and not exceeding 16 fluid ounces for non-glass containers
without the term ``contains ethyl alcohol'' marked on the outside of
the package. Packages containing 8 fluid ounces to 1 gallon shipped
under this section require the marking ``contains ethyl alcohol'' on
the outside of the package.

B. Transportation of Solid Coal Tar Pitch Compounds.

    DOT-SP 11263 authorizes the transportation of solid coal tar pitch
compounds, Class 9, in open-top and closed-top sift-proof metal cans or
fiber drums. The special permit has been in effect since 1994 and has
been utilized by 5 holders with an acceptable safety performance. In
addition, PHMSA has no reported incidents over the past 10 years
involving this special permit. The American Trucking Association (ATA)
supports adoption of this special permit in response to the NPRM. PHMSA
received no negative comments regarding this special permit in the
NPRM.
    Therefore, PHMSA is adopting the terms of DOT-SP 11263 into the HMR
by amending the entry in Sec.  172.101, The Hazardous Materials Table
(HMT), for Environmentally hazardous substances, solids, n.o.s., UN
3077, by adding a new Special Provision N91 in Column 7. In addition,
in Sec.  172.102 new Special Provision N91 is added in appropriate
sequence specifically authorizing the use of a non-DOT specification
sift-proof, non-bulk, metal can with or without lid, or a non-DOT
specification sift-proof, non-bulk fiber drum, with or without lid. The
fiber drum is required to be fabricated with a three ply wall, as a
minimum. The coal tar pitch compound must remain in a solid mass during
transportation.

C. Transportation of Certain Ammonia Solutions in UN1H1 Drums, UN3H1
Jerricans, and UN6HA1 Composite Packagings

    DOT-SP 11836 authorizes the transportation of specific ammonia
solutions in specification UN1H1 drums, UN3H1 jerricans, and UN6HA1
composite packagings that do not meet the provisions in Sec. Sec.
173.24(g) and 173.24a(b)(2). Specific operational controls are required
in lieu of compliance with these two requirements. This special permit
has been in effect since 1997 and has been utilized by at least 61
holders with an acceptable safety performance. In addition, PHMSA has
no reported incidents over the past 10 years involving this special
permit. American Trucking Association (ATA) supports adoption of this
special permit in response to the NPRM. The National Association of
Chemical Distributors supports adoption of this special permit into the
HMR. PHMSA received no negative comments regarding this special permit
in the NPRM.
    Therefore, PHMSA is adopting the terms of DOT-SP 11836 into the HMR
by amending the entry in the HMT for ``Ammonia solutions, relative
density between 0.880 and 0.957 at 15 degrees C in water, with more
than 10 percent but not more than 35 percent ammonia, UN 2672'', by
adding a new Special Provision 336 in Column 7. In addition, in Sec.
172.102 new Special Provision 336 is added in appropriate sequence
specifically authorizing the use of DOT UN1H1 drums, UN3H1 jerricans,
and UN6HA1 composite packagings which meet the requirements of Part 178
of the HMR at the Packing Group I or II performance level except that
the packagings do not meet the venting requirements in Sec.  173.24(g)
and the hydrostatic pressure test marking specified in Sec.
173.24a(b)(4). Transportation of these packages also requires the door
of each van trailer to be marked with ``Warning trailer may contain
chemical vapor. Do not enter until vapors have dissipated.'' The driver
of the transport vehicle and the consignee(s) must be trained not to
enter the transport vehicle until the ammonia vapors have dissipated,
and the emergency response information on the hazardous materials
shipping paper must indicate that the vehicle may contain ammonia
vapors.

D. Transportation of Spent Bleaching Earth

    DOT-SP 12134 authorizes the transportation of spent bleaching earth
as a Division 4.2, solid, PG III, exempt from the provisions of the
HMR, except as specifically required by the special permit. Packagings
authorized under the

special permit are non-specification, sift-proof dump or hopper type
vehicles, and sift-proof roll-on/roll-off bulk bins. All authorized
packaging must be covered by a tarpaulin, metal cover, or equivalent
means during transportation. The special permit also includes specific
operational controls, including: the temperature of the spent bleaching
earth may not exceed 55 [deg]C at the time it is offered for
transportation and any time during transportation; drivers must be
specifically trained in handling and responding to emergency incidents
involving the spent bleaching earth; and transport vehicles must be
marked in accordance with Sec.  172.302(a). This special permit has
been in effect since 1999 and has been utilized by at least 27 holders
with an acceptable safety performance. In addition, PHMSA has no
reported incidents over the past 10 years involving this special
permit. PHMSA received no comments regarding this special permit in the
NPRM.
    Therefore, PHMSA is adopting the terms of DOT-SP 12134 into the HMR
by amending the entry in the HMT for ``self-heating solid, organic,
n.o.s. (spent bleaching earth), UN 3088'', by adding a new Special
Provision, B116 in Column 7. In addition, in Sec.  172.102 new Special
Provision B116 is added in appropriate sequence specifically
authorizing the use of non-specification, sift-proof dump or hopper
type motor vehicles, and sift-proof roll-on/roll-off bulk bins, which
must be covered by a tarpaulin, metal cover, or equivalent means. The
material also is subject to operational controls, including not
exceeding a temperature of 55[deg]C (130 [deg]F) during transportation,
not exceeding a transportation time of 24 hours, and drivers
transporting spent bleaching earth must be trained in the properties
and hazards of the spent bleaching earth and the actions required to
mitigate the self-heating properties of the material that may occur
during the transportation.

E. Requalification of non-DOT Specification Cylinders in Life-Saving
Appliances

    DOT-SP 12825 authorizes the transport between a vessel and a U.S.
Coast Guard approved inflatable life raft servicing facility of life-
saving appliances, self- inflating, containing non-DOT specification
steel cylinders for the purpose of the servicing of such life-saving
appliances. Specific operational controls are specified in the below
listed Special Provision. This special permit has been in effect since
2001 and has been utilized by at least 54 holders with acceptable
safety performance. In addition, PHMSA has no reported incidents since
2001 involving this special permit. PHMSA received a comment from the
International Vessel Operators Dangerous Goods Association, Inc.
(IVODGA) supporting adoption of SP 12825 into the HMR. PHMSA did not
receive any negative comments in response to the NPRM.
    Therefore, PHMSA is adopting the terms of DOT-SP 12825 into the HMR
by revising the entry in the HMT for Life-saving appliances, self-
inflating, UN 2990, by adding a new Special Provision 338 in Column 7.
In addition, in Sec.  172.102, new Special Provision 338 is added in
appropriate sequence requiring that Life-saving appliances, self-
inflating, UN 2990 being shipped between a vessel and a U.S. Coast
Guard approved life raft servicing facility only be subject to the
requirements of this special provision. A material meeting the
requirements of this special provision is not otherwise be subject to
the HMR.

F. Use of Regulated Medical Waste Containers Displaying Alternative
Markings

    DOT-SP 14479 authorizes the continued use of regulated medical
waste containers manufactured before October 1, 2006 and marked with an
alternative shipping name for UN 3291, ``Regulated medical waste,
n.o.s.'' It also allows for orientation arrows that deviate from the
prescribed color specification in the HMR. This special permit has been
in effect since 2007 and has been utilized by at least 22 holders. In
addition, PHMSA has no reported incidents since 2007 involving this
special permit. PHMSA received comments from the Healthcare Waste
Institute and Stericycle Inc. supporting adoption of this special
permit. PHMSA received no negative comments regarding adoption of this
special permit.
    Therefore, PHMSA is adopting the terms of DOT-SP 14479 into the HMR
by amending the entry in the HMT for Regulated Medical Waste, n.o.s.,
UN 3088, by adding a new Special Provision, 337 in Column 7. Special
Provision 337 allows for the use of regulated waste containers marked
with the alternative shipping name of Regulated medical waste, UN3291
and black or white orientation arrows that deviate from the prescribed
specifications in Sec.  172.312(a)(2).

G. Adoption of Oxygen Generator Special Permits to Harmonize With FAA
Modernization and Reform Act of 2012

    Section 824 of the FAA Modernization and Reform Act of 2012
includes a provision that allows for exceptions for cylinders of
compressed oxygen or other oxidizing gases transported in the State of
Alaska aboard aircraft. By adopting this statutory exception into the
HMR, the following special permits will no longer be necessary: 14903,
14908, 15062, 15075, 15076, 15077, 15078, 15079, 15092, 15094, 15095,
and 15143. These special permits all provide exceptions for the
transportation of Oxygen and other Division 2.2 Oxidizing gases for
transportation aboard aircraft in the State of Alaska. PHMSA received
no comments regarding this special permit in the NPRM. Therefore, PHSMA
is adopting the terms of these special permits in Sec.  175.34.

H. Competent Authority CA2005120010 for Approval of Equivalent
Packagings

    This approval authorizes the manufacturing, marking, and selling of
UN4G combination packagings with outer fiberboard boxes and with inner
fiberboard components that have basis weights that vary by not more
than plus or minus 5% from the measured basis weight in the initial
design qualification test report. This approval was issued in 2009 and
has demonstrated an acceptable safety performance. PHMSA has no
reported incidents involving this approval. PHMSA received several
comments in support of comments made by the Fibre Box Association to
increase the variation from plus or minus 5% to plus or minus 10%.
However, PHMSA does not have the historical data to support an increase
in this variation to plus or minus 10%. Therefore, PHMSA is adopting
the terms of CA2005120010 as proposed into the HMR in Sec.
178.516(b)(7).

I. Competent Authority CA2006060005 for Approval of Equivalent
Packagings

    This approval authorizes the manufacture, mark, and sale of UN5M1
and UN5M2 multi-wall paper bags with individual paper wall basis
weights that vary by not more than plus or minus 5% from the nominal
basis weights reported in the initial design qualification test report.
This approval was issued in 2009 and has demonstrated an acceptable
safety performance. PHMSA has no reported incidents involving this
approval. PHMSA received several comments in support of comments made
by the Fibre Box Association to increase the variation from plus or

minus 5% to plus or minus 10%. However, PHMSA does not have the
historical data to support an increase in this variation to plus or
minus 10%. Therefore, PHMSA is adopting the terms of CA2006060005 in
Sec.  178.521(b)(4).

J. Competent Authority CA2006060006 for Approval of Equivalent
Packagings

    This approval authorizes the manufacture, mark, and sale of UN4G
combination packagings with outer fiberboard components that have
individual containerboard basis weights that vary by not more than plus
or minus 5% from the nominal basis weight reported in the initial
design. This approval was issued in 2009 and has demonstrated an
acceptable safety performance. PHMSA received several comments in
support of comments made by the Fibre Box Association to increase the
variation from plus or minus 5% to plus or minus 10%. However, PHMSA
does not have the historical data to support an increase in this
variation to plus or minus 10%. Therefore, PHMSA is adopting the terms
of CA2006060006 in Sec.  178.516(b)(7).

K. Competent Authority CA2006010012 for Approval of Equivalent
Packagings

    This competent authority authorizes the manufacture, mark, and sale
of UN4G combination packagings with outer fiberboard boxes and with
inner fiberboard components that have individual containerboard basis
weight that vary by not more than plus or minus 5% from the nominal
basis weight reported in the initial design qualification test report.
This approval was issued in 2006 and has demonstrated an acceptable
safety performance. PHMSA received several comments in support of
comments made by the Fibre Box Association to increase the variation
from plus or minus 5% to plus or minus 10%. However, PHMSA does not
have the historical data to support an increase in this variation to
plus or minus 10%. Therefore, PHMSA is adopting the terms of
CA2006010012 in Sec.  178.516(b)(7).

L. Revision of Sec.  107.705(c) for Renewing Approvals

    PHMSA is revising this section to allow approval holders applying
for a renewal to continue using their approval after the expiration
date if they apply at least 60 days before the expiration date. PHMSA
did not receive any comments on this proposal and, therefore, it will
be adopted as proposed in the NPRM.

V. Rulemaking Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This Final Rule is published under the authority of 49 U.S.C.
5103(b) which authorizes the Secretary to prescribe regulations for the
safe transportation, including security, of hazardous material in
intrastate, interstate, and foreign commerce. 49 U.S.C. 5117(a)
authorizes the Secretary of Transportation to issue a special permit
from a regulation prescribed in 5103(b), 5104, 5110, or 5112 of the
Federal Hazardous Materials Transportation Law to a person
transporting, or causing to be transported, hazardous material in a way
that achieves a safety level at least equal to the safety level
required under the law, or consistent with the public interest, if a
required safety level does not exist. This final rule amends the
regulations by adopting provisions from certain widely used and
longstanding special permits that have established a history of safety
and which may, therefore, be converted into the regulations for general
use.

B. Executive Order 12866, 13563, 13610 and DOT Regulatory Policies and
Procedures

    This final rule is considered a non-significant regulatory action
under section 3(f) and was reviewed by the Office of Management and
Budget (OMB). This final rule is considered a non-significant rule
under the Regulatory Policies and Procedures order issued by the
Department of Transportation [44 FR 11034]. Executive Order 13563 is
supplemental to and reaffirms the principles, structures, and
definitions governing regulatory review that were established in
Executive Order 12866 Regulatory Planning and Review of September 30,
1993. By building off of each other, these two Executive Orders 12866
and 13563 require agencies to regulate in the ``most cost-effective
manner,'' to make a ``reasoned determination that the benefits of the
intended regulation justify its costs,'' and to develop regulations
that ``impose the least burden on society.''
    Executive Order 13610 (Identifying and Reducing Regulatory Burdens)
reaffirmed the goals of Executive Order 13563 (Improving Regulation and
Regulatory Review) issued January 18, 2011, and Executive Order 12866
(Regulatory Planning and Review) issued September 30, 1993. Executive
Order 13610 directs agencies to prioritize ``those initiatives that
will produce significant quantifiable monetary savings or significant
quantifiable reductions in paperwork burdens while protecting public
health, welfare, safety, and our environment.'' Executive Order 13610
further instructs agencies to give consideration to the cumulative
effects of their regulations, including cumulative burdens, and
prioritize reforms that will significantly reduce burdens.
    In this final rule, PHMSA is amending the HMR to adopt alternatives
this agency has permitted under widely used and longstanding special
permits and approvals with established safety records that we have
determined meet the safety criteria for inclusion in the HMR. Adoption
of these special permits and approvals into regulations of general
applicability provides shippers and carriers with additional
flexibility to comply with established safety requirements, thereby
reducing transportation costs and increasing productivity. In addition,
the final rule reduces the paperwork burden on industry and this agency
resulting from putting an end to the need for renewal applications for
special permits. Taken together, the provisions of this final rule
promotes the continued safe transportation of hazardous materials while
reducing transportation costs for the industry and administrative costs
for the agency.
    The impact of this final rule is presumed to be minor as no new
costs are imposed upon any stakeholders and those that currently hold
special permits and CAs will find some relief from regulatory review
for current practices. This final rule makes provisions that are
currently approved in certain special permits available to all
businesses operating in the U.S. without needing to submit party-to
special permit applications to PHMSA, and current permit holders will
no longer need renewals. Over the past decade, approximately 464
companies have applied for and/or renewed the special permits included
in this final rule. Many of these special permits have had positive
economic impacts by allowing companies to be accepted from requirements
in the HMR when shipping certain quantities/types of materials or by
allowing the use of less expensive non-specification packages when
certain provisions are met. It is difficult to quantify the savings
these special permits have allowed, but it should be noted that these
savings are extended to other firms that would make use of the
provisions once adopted into regulations. PHMSA calculates that this
rulemaking results in a paperwork reduction that, on average, saves
each applicant $39.50. PHMSA estimates that over a 10-year period there
will be an estimated benefit total

totaling $18,328 affecting approximately 140 entities. In accordance
with the Federal hazardous materials law (49 U.S.C. 5101 et seq.),
initial issuances of special permits are for two years and can be
renewed for four years thereafter. Thus, over 10 years, a special
permit would on average be renewed twice for a total benefit of between
$43,000 and $47,000. These figures are discounted annually by 3 and 7
percent to reflect the time value of money.
    This final rule adopts four approvals into the HMR. This allows
manufacturers of affected hazardous materials packaging to continue
manufacturing packages without the need to renew their approvals.
Adoption of the four approvals results in a one-time total economic
benefit of $158. The renewal cycle for approvals can vary based on the
applicant needs and regulatory authority, but are typically renewed
every five years. At both 3 and 7 percent annual discount, this yields
over $270 in benefits. Total benefits represent a small but positive
sum (between $46,000 and $52,000) over 10 years affecting approximately
140 entities.

C. Executive Order 13132

    This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism''). This
final rule preempts state, local and Indian tribe requirements but does
not create any regulation that has substantial direct effects on the
states, the relationship between the national government and the
states, or the distribution of power and responsibilities among the
various levels of governments. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply. Federal hazardous
material transportation law, 49 U.S.C. 5101-5128, contains an express
preemption provision (49 U.S.C. 5125(b)) preempting state, local and
Indian tribe requirements on certain covered subjects. Covered subjects
are:
    (1) The designation, description, and classification of hazardous
materials;
    (2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials; or
    (5) The designing, manufacturing, fabricating, inspecting, marking,
maintaining, reconditioning, repairing, or testing a package, container
or packaging component that is represented, marked, certified, or sold
as qualified for use in transporting hazardous material in commerce.
    This final rule addresses covered subject items (2), (3), and (5)
and would preempt any State, local, or Indian tribe requirements not
meeting the ``substantively the same'' standard. Federal hazardous
materials transportation law provides at 49 U.S.C. 5125(b)(2) that if
PHMSA issues a regulation concerning any of the covered subjects, PHMSA
must determine and publish in the Federal Register the effective date
of Federal preemption. The effective date may not be earlier than the
90th day following the date of issuance of the final rule and not later
than two years after the date of issuance. The effective date of
federal preemption will be 90 days from publication of this final rule
in this matter in the Federal Register.

D. Executive Order 13175

    This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications and does not impose substantial
direct compliance costs on Indian tribal governments, the funding and
consultation requirements of Executive Order 13175 do not apply.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities.
An agency must conduct a regulatory flexibility analysis unless it
determines and certifies that a rule is not expected to have a
significant impact on a substantial number of small entities. This
final rule adopts into the HMR certain widely used special permits.
Adoption of these special permits into regulations of general
applicability provides shippers and carriers with additional
flexibility to comply with established safety requirements, thereby
reducing transportation costs and increasing productivity. Entities
affected by the final rule conceivably include all persons--shippers,
carriers, and others--who offer and/or transport in commerce hazardous
materials. The specific focus of the rule is on the adoption of special
permits into the HMR. In a review of the companies using the identified
special permits, PHMSA identified a combination of small and large
businesses that are affected positively by this rulemaking. For
example, the final rule accepts certain shipments from the specific
documentation requirements of the HMR; these exceptions will increase
shipping options and reduce shipment costs. Overall, this final rule
reduces the compliance burden on the regulated industries, such as
small businesses that dispose of medical waste, transporters of
consumer products containing ethyl alcohol, and airlines transporting
oxygen generators, without compromising transportation safety and
should provide a slight positive economic benefit (i.e., reduced
compliance burden) for those small entities. Therefore, we certify that
this final rule will not have a significant economic impact on a
substantial number of small entities. For example, special permit 9275
will no longer require businesses to apply for a special permit in
order to ship common retail items such as cosmetics that would normally
be shipped as a class 3 material.
    This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.

F. Paperwork Reduction Act

    PHMSA has an approved information collection under OMB Control
Number 2137-0051, ``Rulemaking, Special Permits, and Preemption
Requirements.'' This final rule results in a decrease in the annual
burden and costs under this information collection due to the changes
that adopts provisions contained in certain widely used or longstanding
special permits that have an established safety record.
    Under the Paperwork Reduction Act of 1995, no person is required to
respond to an information collection unless it has been approved by OMB
and displays a valid OMB control number. Section 1320.8(d), title 5,
Code of Federal Regulations requires that PHMSA provide interested
members of the public and affected agencies an opportunity to comment
on information and recordkeeping requests.
    This final rule identifies a revised information collection request
that PHMSA will submit to OMB for approval based on the requirements in
this final rule. PHMSA has developed burden estimates to reflect
changes in this final rule. PHMSA estimates that

the information collection and recordkeeping burden of this final rule
is as follows:

                        OMB Control No. 2137-0051
------------------------------------------------------------------------

------------------------------------------------------------------------
Net Decrease in Annual Number of Respondents..................       434
Net Decrease in Annual Responses..............................       434
Net Decrease in Annual Burden Hours...........................       434
Net Decrease in Annual Burden Costs...........................   $17,143
------------------------------------------------------------------------

    PHMSA received no comments on the information collection and
recordkeeping burdens associated with developing, implementing, and
maintaining these requirements for approval in the NPRM.
    Requests for a copy of this information collection should be
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous
Materials Standards (PHH-11), Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001,
Telephone<PHONE_NUMBER>.
    Address written comments to the Dockets Unit as identified in the
ADDRESSES section of this rulemaking. We must receive comments
regarding information collection burdens prior to the close of the
comment period identified in the DATES section of this rulemaking. In
addition, you may submit comments specifically related to the
information collection burden to the PHMSA Desk Officer, Office of
Management and Budget, at fax number<PHONE_NUMBER>.

G. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document may be used to cross-reference this action with the
Unified Agenda.

H. Unfunded Mandates Reform Act of 1995

    This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$141.3 million or more to either state, local or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.

I. Environmental Assessment

    The National Environmental Policy Act, 42 U.S.C. 4321-4375,
requires that federal agencies analyze proposed actions to determine
whether the action will have a significant impact on the human
environment. The Council on Environmental Quality (CEQ) regulations
requires federal agencies to conduct an environmental review
considering (1) the need for the proposed action (2) alternatives to
the proposed action (3) probable environmental impacts of the proposed
action and alternatives and (4) the agencies and persons consulted
during the consideration process. 40 CFR 1508.9(b).
The Need for This Action
    The purpose and need of this rulemaking is to adopt certain
approvals related to air transportation in Alaska and widely used
special permits or those with an established safety record into the HMR
for universal use. PHMSA is working to reduce the number of special
permits to reduce administrative burden to both the government and
private industry while affording the benefits of certain special
permits that have been vetted for safety to a wider audience.
    This rule follows an FAA statutory provision that requires PHMSA to
adopt certain special permits into the HMR. Section 824 of the FAA
Modernization and Reform Act of 2012 includes a provision that allows
for exceptions for cylinders of compressed oxygen or other oxidizing
gases transported in the State of Alaska aboard aircraft. These special
permits all provided exceptions for the transportation of Oxygen and
other Division 2.2 Oxidizing gases for transportation aboard aircraft
in the state of Alaska.
    The need for hazardous materials to support essential services and
industry means transportation of highly hazardous materials is
necessary. PHMSA conducted a periodic review of Special Permits that
have a long history of safety. After this review PHMSA determined that
certain special permits were candidates for adoption into the HMR.
    Special Permit 9275 authorizes the transportation in commerce of
certain consumer products of liquids and solids containing ethyl
alcohol and exempts these shipments from the provisions of HMR. This
Special Permit is used frequently by the cosmetics industry to move
very small quantities of ethyl alcohol contained in consumer products.
After reviewing the history of this Special Permit, PHMSA found an
adequate safety record for adoption into the HMR.
    Special Permit 11263 authorizes the transportation of solid coal
tar pitch compounds, Class 9, in open-top and closed-top sift-proof
metal cans or fiber drums. Coal tar pitch is a black or dark-brown
amorphous residue produced by the distillation or heat treatment of
coal tar. It is a solid at room temperature and exhibits a broad
softening range instead of a defined melting temperature. Among other
uses, coal tar pitch is used as a base for coatings and paint, in
roofing and paving, and as a binder in asphalt products. This Special
Permit authorizes the use of a specification package with a proven
safety record in order to mitigate a potential release of coal tar
pitch compounds. During a review of long standing Special Permits,
PHMSA found that this Special Permit had an adequate safety record and
provided an equivalent level of safety to the HMR.
    Special Permit 11836 authorizes the transportation of specific
ammonia solutions in specification UN1H1 drums, UN3H1 jerricans, and
UN6HA1 composite packagings. Ammonia solutions are a clear colorless
liquid consisting of ammonia dissolved in water which is corrosive to
tissue and metals. This Special Permit is utilizes the use of
specification packages with a proven safety record in order to mitigate
a potential release of ammonia solutions. During a review of long
standing Special Permits, PHMSA found that this Special Permit had an
adequate safety record and provided an equivalent level of safety to
the HMR.
    Special Permit 12134 authorizes the transportation of spent
bleaching earth as a Division 4.2, solid, PG III, exempt from the
provisions of the HMR. Spent bleaching earth, is a solid waste from the
edible oil industry can be converted to a clay-carbon adsorbent for
potential reuse in the adsorptive cleansing of vegetable oils. This
Special Permit utilizes the use of a specification package with a
proven safety record that will mitigate a potential release of spent
bleach earth material. During a review of long standing Special
Permits, PHMSA found that this Special Permit had an adequate safety
record and provided an equivalent level of safety to the HMR.
    Special Permit 12825 authorizes the transportation of life-saving
appliances, self-inflating, that contain non-DOT specification steel
cylinders for the purpose of movement between a vessel and a U.S. Coast
Guard approved inflatable life raft servicing facility in conjunction
with the servicing of such life-saving appliances. Adoption of this

Special Permit is needed to ensure that these life-saving appliances
are serviced without delay. During a review of long standing Special
Permits, PHMSA found that this Special Permit had an adequate safety
record and provided an equivalent level of safety to the HMR.
    Special Permit 14479 authorizes the continued use of regulated
medical waste containers manufactured before October 1, 2006 and marked
with an alternative shipping name for UN 3291 and orientation arrows.
The packages are used in the medical waste industry to ship low hazard
medical waste to disposal facilities. Adoption of this Special Permit
allows the medical waste industry to continue using packages authorizes
safely transport medical waste in these pacakging. During a review of
long standing Special Permits, PHMSA found that this Special Permit had
an adequate safety record and provided an equivalent level of safety to
the HMR.
Alternatives to the Proposed Action
    Information about benefits of this final rulemaking action can be
found in the preamble (i.e., ``Overview of Proposed Amendments) to this
rulemaking. The alternatives considered in the analysis include (1) the
proposed action, that is, adoption of the proposed special permits as
amendments to the HMR; (2) adoption of some subset of the proposed
special permits (i.e., only some of the proposed special permits) as
amendments to the HMR; and (3) the ``no action'' alternative, meaning
that none of the proposed special permits would be adopted into the
HMR.
Analysis of the Alternatives
(1.) Adopt All Special Permits and Competent Authority Approvals
    The selected alternative amends certain HMR requirements including
methods for packaging, describing, and transporting hazardous materials
that are currently permitted under widely used special permits with
established safety records for inclusion in the HMR. This final rule
allows the transportation of the following hazardous materials and
packages in accordance with the following former special permits in
ways that vary from certain other provisions in the HMR:
Special Permit 14479
    The adoption of this Special Permit will allow for ``UN 3291,
Regulated medical waste, n.o.s.,'' to be shipped using alternative
shipping names and marking requirements for regulated medical wastes.
Use of this alternative shipping name and marking requirements is not
expected to have any negative effects on safety or the environment.
Special Permit 12825
    The adoption of this Special Permit allows for the shipment of non-
flammable compressed gases in non-DOT specification steel cylinders for
use in life-saving appliances. Allowing the uses of non-DOT
specification cylinders in life saving appliances is not expected to
have any effects on safety or the environment.
Special Permit 9275
    The adoption of this Special Permit allows consumer products of
liquids and solids containing ethyl alcohol to be exempted from the
HMR. These low hazard, low quantity packages containing ethyl alcohol
are not expected to have any negative effect on safety or the
environment.
Special Permit 11263
    The adoption of this Special Permit allows ``UN3077, coal tar pitch
compounds'' to be shipped in non-specification open-top or closed-top
sift proof metal cans or fiber drums. The use of this alternative
package for the shipment of coal tar pitch compounds is not expected to
have any negative effect on safety or the environment.
Special Permit 12134
    The adoption of this Special Permit allows ``UN 3088, spent
bleaching earth'' to be exempt from the requirements of the HMR when
shipped in non-specification, sift-proof dump or hopper type vehicles.
Exempting these materials from the HMR when shipped in these
alternative packages is not expected to have any negative effect on
safety or the environment.
Special Permit 11836
    The adoption of this Special Permit allows ``UN 2672, ammonia
solutions'' to be shipped in UN1HI drums, UN3H1 jerricans, and UN6HA1
composite packages that do not meet provision in Sec. Sec.  173.24 and
173.24a. Allowing shipments of these materials in these packages is not
expected to have any negative effects on safety or the environment.
Summary
    These hazardous materials are capable of affecting human health and
the environment if a release were to occur. However, adoption of these
special permits maintains an equivalent level of safety as provided in
the special permits.
(2.) Adoption of a Subset of Special Permits
    PHMSA considered a wide array of special permits for adoption. It
also considered adopting a smaller subset of special permits.''
However, the full benefits would not be realized as some permits would
not be adopted.
(3.) No Action
    If no action is taken then Special Permits will continue to be
issued resulting in no change to the current potential affects to the
environment.
Probable Environmental Impacts of the Proposed Action and Alternatives
    This final rule allows the transportation of the following
hazardous materials and packages in ways that vary from certain other
provisions in the HMR:
     ``UN 3291, Regulated medical waste, n.o.s.,''--PHMSA
considered whether alternative markings would be sufficient in
providing adequate hazardous communication. The package described in
this special permit does not differ from packages currently allowed
under the HMR with the exception of the allowed markings and thus will
not impose any addition risk to the environment. Medical waste
transportation is regulated to avoid risk of injury, infection, and
contamination. In addition, as described above, PHMSA has no report of
incidents under this special permit and thus expects there will be no
impact to the environment.
     Non-flammable gasses shipped in non-DOT specification
steel cylinders for use in life-saving appliances--PHMSA considered
whether the limited use of non-DOT specification cylinders between U.S.
Coast Guard ships and servicing facilities would pose a risk to the
environment. The cylinders used in this special permit contain inert
gases which if released would pose little to no risk to the
environment. The regulation of compressed gas cylinders requires
testing to ensure integrity and functionality of the cylinder. Cylinder
rupture or failure can cause serious injury or death. In addition, as
described above, PHMSA has no reports of incidents under this special
permit and thus expects there will be no impact to the environment.
     Beverages, food, cosmetics and medicines, medical
screening solutions, and concentrates classed as a flammable liquid or
flammable solid containing ethyl alcohol--PHMSA considered whether the
shipment of these low hazard consumer products containing ethyl alcohol
would pose a risk to the environment. These packages contain

ethyl alcohol which is a flammable liquid. A release from one of these
containers would pose little risk to safety or the environment due to
the very limited quantity in each container. In addition, as described
above, PHMSA has no reports of incidents under this special permit and
thus expect there will be no impact to the environment.
     ``UN3077, coal tar pitch compounds''--PHMSA considered
whether the shipment of coal tar pitch compounds in open-top and
closed-top sift-proof metal cans or fiber drums would pose a risk to
the environment. Coal tar pitch is a black or dark-brown amorphous
residue produced by the distillation or heat treatment of coal tar.
Coal tar pitch compounds contain various chemical vapors that become
airborne during the heating of coal tar pitch. Coal tar pitch is a
flammable liquid and a known carcinogen. An accidental release of
``coal tar pitch compounds'' could result in contamination of
surrounding environmental medium (air, water, soil). However, as
described above, PHMSA has no reports of incidents under this special
permit and thus expects there will be no impact to the environment.
     ``UN 3088, spent bleaching earth''--PHMSA considered
whether the shipment of spent bleaching earth in non-specification,
sift-proof dump or hopper type vehicles would pose a risk to the
environment. These packages contain ``spent bleaching earth'' which is
a solid waste from the edible oil industry. Spent bleaching earth can
be flammable, as it contains oil residue. An accidental release of
``spent bleaching earth'' could result in possible contamination of
surrounding environmental medium (air, water, soil). However as
described above, PHMSA has no reports of incidents under this special
permit and thus expects there will be no impact to the environment.
     ``UN 2672, ammonia solutions''--PHMSA considered whether
the shipment of ammonia solutions in UN1H1 and UN6HA1 drums would pose
a risk to the environment. Ammonia can cause irritation and damage to
mucous membranes and lungs, depending on concentration. An accidental
release of Ammonia solutions could result in possible contamination of
surrounding environmental mediums (air, water, soil). However, as
described above, PHMSA has no reports of incidents under this special
permit and thus expects there will be no impact to the environment.
    Hazardous materials shipments frequently move through densely
populated or environmentally sensitive areas where the consequences of
an incident could be loss of life, serious injury, or significant
environmental damage. Because of the vastness of transportation
networks, nearly any community or ecosystem could be affected by a
hazardous materials release during transportation. Therefore, impacts
from a release could affect include atmospheric, aquatic, terrestrial,
and vegetal resources (for example, wildlife habitats). The adverse
environmental impacts associated with releases of most hazardous
materials are short-term impacts that can be greatly reduced or
eliminated through prompt clean-up of the incident scene.
    In all modes of transport, the potential for environmental damage
or contamination exists when packages of hazardous materials are
involved in transportation incidents. The process through which safety
permits are issued requires the applicant to demonstrate that the
alternative transportation method or packaging proposed provides an
equivalent level of safety as that provided in the HMR. Implicit in
this process is that the special permit must provide an equivalent
level of environmental protection as that provided in the HMR. Thus,
adoption of the special permits as regulations of general applicability
maintain the existing environmental protections built into the HMR. The
special permits and approvals adopted into the HMR have consistently
demonstrated a long history of safe use. In its review of these special
permits and approval, PHMSA did not identify any incidents that had a
significant effect on the environment. These special permits have a
long history of transporting the above mentioned hazardous materials
safely and without any effects on the environment. Therefore, we find
that adoption of the above described special permits into the HMR will
not have any significant positive or negative impact on the
environment.
Agencies and Persons Consulted During the Consideration Process
    This final rule would affect some PHMSA stakeholders, including
hazardous materials shippers and carriers by air, highway, rail and
vessel. PHMSA sought comment on the environmental assessment contained
in the October 22, 2012, NPRM published under Docket PHMSA-2011-0158
[77 FR 64450] (HM-233C) however, PHMSA did not receive any comments on
the environmental assessment contained in that rulemaking. In addition,
PHMSA sought comment from the following modal partners:
     Federal Aviation Administration
     Environmental Protection Agency
     Federal Motor Carrier Safety Administration
     United States Coast Guard
Conclusion
    PHMSA is making numerous amendments to the HMR through the adoption
of special permits and approvals. The amendments adopted in this final
rule are intended to update, clarify, or provide relief from certain
existing regulatory requirements to promote safer transportation
practices; eliminate unnecessary regulatory requirements; finalize
outstanding petitions for rulemaking; facilitate international
commerce; and, in general, make the requirements easier to understand
and follow.
    Given that this rulemaking amends the HMR to adopt provisions
contained in certain widely-used or longstanding special permits that
have an established safety record, these changes in regulation should
in fact increase safety and environmental protections. Furthermore,
while the net environmental impact of this rule will be positive, we
believe there will be no significant environmental impacts associated
with this final rule.

J. Privacy Act

    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477), or at www.dot.gov/provacy.

K. Executive Order 13609 and International Trade Analysis

    Under E.O. 13609, agencies must consider whether the impacts
associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
ability of American business to export and compete internationally. In
meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements.
    Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal

agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. For purposes of these requirements, Federal agencies
may participate in the establishment of international standards, so
long as the standards have a legitimate domestic objective, such as
providing for safety, and do not operate to exclude imports that meet
this objective. The statute also requires consideration of
international standards and, where appropriate, that they be the basis
for U.S. standards.
    PHMSA participates in the establishment of international standards
in order to protect the safety of the American public, and we have
assessed the effects of the final rule to ensure that it does not cause
unnecessary obstacles to foreign trade. Accordingly, this rulemaking is
consistent with E.O. 13609 and PHMSA's obligations.

List of Subjects

49 CFR Part 107

    Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and record keeping requirements.

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Labeling, Markings, Packaging and
containers, Reporting and recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.

49 CFR Part 175

    Hazardous materials transportation, Air carriers, Radioactive
materials, Reporting and recordkeeping requirements.

49 CFR Part 178

    Hazardous materials transportation, Motor vehicle safety, Packaging
and containers, Reporting and recordkeeping requirements.
    In consideration of the foregoing, we are amending 49 CFR Chapter I
as follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
1. The authority citation for part 107 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4
(28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L.
104-134 section 31001; 49 CFR 1.45, 1.53.

0
2. In Sec.  107.705, revise paragraph (c) to read as follows:

Sec.  107.705  Registrations, reports, and applications for approval.

* * * * *
    (c) For an approval with an expiration date, each application for
renewal or modification must be filed in the same manner as an original
application. If, at least 60 days before an existing approval expires
the holder files an application for renewal that is complete and
conforms to the requirements of this section, the approval will not
expire until final administrative action on the application for renewal
has been taken. Operation under an expired approval not filed within 60
days of the expiration date is prohibited. This paragraph does not
limit the authority of the Associate Administrator to modify, suspend
or terminate an approval under Sec.  107.713.
* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
3. The authority citation for part 171 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
section 31001.

0
4. In Sec.  171.7, revise paragraph (n)(3) to read as follows:

Sec.  171.7  Reference material.

* * * * *
    (n) * * *
    (3) CGA Pamphlet C-6, Standards for Visual Inspection of Steel
Compressed Gas Cylinders, 1993, into Sec.  172.102, Sec.  173.3,
173.198, 180.205, 180.209, 180.211, 180.411, 180.519.
* * * * *

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS

0
5. The authority citation for part 172 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.53.

0
6. In Sec.  172.101, revise following entries in the Hazardous
Materials Table to read as follows:

Sec.  172.101  Purpose and use of hazardous materials table.

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                       Hazardous                                                                                (8)  Packaging (Sec.   173.***)         (9)  Quantity limitations (see       (10)  Vessel stowage
                       materials        Hazard                                                                Special    ------------------------------------------------     Sec.  Sec.   173.27 and    -------------------------------
     Symbols       descriptions and    class or     Identification          PG            Label Codes       Provisions                                                   -------------175.75)------------
                    proper shipping    division        Numbers                                                 (Sec.        Exceptions       Non-bulk          Bulk          Passenger      Cargo air-       Location          Other
                         names                                                                               172.102)                                                      aircraft/rail    craft only
(1)               (2)...............         (3)  (4)..............  (5)............  (6)...............  (7)...........  (8A)..........  (8B)..........  (8C)..........  (9A)..........  (9B)..........  (10A).........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                  [Revise]
                  Ammonia solutions,           8  UN2672...........  III............  8.................  336, IB3, IP8,  154...........  203...........  241...........  5L............  60L...........  A.............  40, 52, 85
                   relative density                                                                        T7, TP1.
                   between 0.880 and
                   0.957 at 15
                   degrees C in
                   water, with more
                   than 10 percent
                   but not more than
                   35 percent
                   ammonia.

                                                                                * * * * * * *
                  Environmentally              9  UN3077...........  III............  9.................  8,146, 335,     155...........  213...........  240...........  No Limit......  No Limit......  A.............
                   hazardous                                                                               A112, B54,
                   substances,                                                                             B120, IB8,
                   solid, n.o.s.                                                                           IP3, N20,
                                                                                N91, T1, TP33.

                                                                                * * * * * * *
                  Life-saving                  9  UN2990...........  ...............  None..............  338...........  None..........  219...........  None..........  No limit......  No limit......  A.............
                   appliances, self-
                   inflating.

                                                                                * * * * * * *
                  Regulated medical          6.2  UN3291...........  II.............  6.2...............  41, A13, 337..  134...........  197...........  197...........  No limit......  No limit......  B.............  40
                   waste, n.o.s. or
                   Clinical waste,
                   unspecified,
                   n.o.s. or (BIO)
                   Medical waste,
                   n.o.s., or
                   Biomedical waste,
                   n.o.s. or Medical
                   waste, n.o.s.
                  Self-heating               4.2  UN3088...........  II.............  4.2...............  IB6, IP2, T3,   None..........  212...........  241...........  15kg..........  50kg..........  C.............
                   solid, organic,                                                                         TP33.
                   n.o.s.
                                      ..........                     III............  4.2...............  IB8, IP3, T1,   None..........  212...........  241...........  15kg..........  50kg..........  C.............
                                                                                TP33. B116.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

0
7. Section 172.102 is amended:
0
a. In paragraph (c)(1), Special provisions 336, 337, and 338 are added;
0
b. In paragraph (c)(3), Special provision B116 is added; and
0
c. In paragraph (c)(5), Special provision N91 is added.
    The additions read as follows:

Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *
Code/Special Provisions
* * * * *
    336 The use of UN1H1 drums, UN3H1 jerricans, and UN6HA1 composite
packagings which meet the requirements of Part 178 of the HMR at the
Packing Group I or II performance level. These packagings are not
required to: (1.) meet the venting requirements in Sec.  173.24(g) or
(2.) be marked with the hydrostatic pressure test marking specified in
Sec.  173.24a(b)(4). Shipment of packages under this special provision
must be made by private or contract motor carrier. Transportation of
these packages also requires the door of each van trailer to be marked
with ``Warning trailer may contain chemical vapor. Do not enter until
vapors have dissipated.'' The driver of the transport vehicle and the
consignee(s) must be trained not to enter the transport vehicle until
the ammonia vapors have dissipated, and the emergency response
information on the shipping paper must indicate that the vehicle
contains ammonia vapors. This training must be documented in training
records required by Sec.  172.704(d). Transport vehicles must be vented
to prevent accumulation of vapors at a poisonous or flammable
concentration.
    337 Authorizes the use of regulated waste containers manufactured
prior to October 1, 2006 to be marked with the alternative shipping
name of Regulated medical waste, UN3291 and arrows that deviate as
prescribed in Sec.  172.312(a)(2) in that they may be black or white.
    338 Life Saving appliances, self-inflating transported between an
U.S. Coast Guard approved inflatable life raft servicing facility and a
vessel are only subject to the following requirements:
    a. Prior to repacking into the life-saving appliance, an installed
inflation cylinder must successfully meet and pass all inspection and
test criteria and standards of the raft manufacturer and the vessel
Flag State requirements for cylinders installed as part of life-saving
appliances, self-inflating (UN2990) used on marine vessels.
Additionally, each cylinder must be visually inspected in accordance
with CGA pamphlet, CGA C-6 (incorporated by reference, see Sec.
171.7). A current copy of CGA pamphlet, CGA C-6 must be available at
the facility servicing the life-saving appliance.
    b. An installed inflation cylinder that requires recharging must be
filled in accordance with Sec.  173.301(l).
    c. Every installed inflation cylinder, as associated equipment of
the life-saving appliance, must be packed within the protective
packaging of the life raft and the life raft itself must otherwise be
in compliance with Sec.  173.219.
    d. The serial number for each cylinder must be recorded as part of
the life-saving appliance service record by the U.S. Coast Guard-
approved servicing facility.
* * * * *
    (3) * * *
Code/Special Provisions
* * * * *
    B116 The use of non specification, sift-proof dump or hopper type
vehicles, and sift-proof roll-on/roll-off bulk bins, which must be
covered by a tarpaulin, metal cover, or equivalent means is authorized
for the transportation of spent bleaching earth by motor vehicle. The
material is also be subject to operational controls which include not
exceeding a temperature of 55C (130F) at the time it is offered or
during transportation, not exceeding a transportation time of 24 hours,
and drivers transporting spent bleaching earth must be trained in the
properties and hazards of the spent bleaching earth. This training must
be documented in training records required by Sec.  172.704(d).
* * * * *
    (5) * * *
Code/Special Provisions
* * * * *
    N91 The use of a non specification sift-proof, non-bulk, metal can
with or without lid, or a non specification sift-proof, non-bulk fiber
drum, with or without lid is authorized when transporting coal tar
pitch compounds by motor vehicle or rail freight. The fiber drum must
to be fabricated with a three ply wall, as a minimum. The coal tar
pitch compound must be in a solid mass during transportation.
* * * * *

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS

0
8. The authority citation for part 173 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.

0
9. In Sec.  173.150, paragraph (g) is added to read as follows.

Sec.  173.150  Exceptions for Class 3 (flammable and combustible
liquids).

* * * * *
    (g) Limited quantities of retail products containing ethyl alcohol.
(1) Beverages, food, cosmetics and medicines, medical screening
solutions, and concentrates sold as retail products containing ethyl
alcohol classed as a flammable liquid or flammable solid containing not
more than 70% ethyl alcohol by volume for liquids, by weight for solids
are excepted from the HMR provided that:
    (i) For non-glass inner packagings:
    (A) The volume does not exceed 16 fluid ounces in capacity for
liquids; or
    (B) For volumes greater than 16 fluid ounces but not exceeding 1
gallon the company name and the words ``Contains Ethyl Alcohol'' are
marked on the package;
    (C) Solids containing ethyl alcohol may be packaged in non-glass
inner packagings not exceeding 1 pounds capacity;
    (D) For weight greater than one pound up to 8 pounds the company
name and the words ``Contains Ethyl Alcohol'' are marked on the
package.
    (ii) For glass inner packagings:
    (A) The volume does not exceed 8 fluid ounces in capacity; or
    (B) For volumes greater than 8 fluid ounces to 16 fluid ounces the
company name and the words ``Contains Ethyl Alcohol'' are marked on the
package;
    (C) Solids containing ethyl alcohol may be packaged in glass inner
packagings not exceeding \1/2\ pound;
    (D) For weight greater than \1/2\ pound up to 1 pound the company
name and the words ``Contains Ethyl Alcohol'' are marked on the
package.
    (iii) The net liquid contents of all inner packagings in any single
outer packaging may not exceed 192 fluid ounces. The net solid contents
of all inner packagings in any single outer packaging may not exceed 32
pounds. The gross weight of any single outer package shipped may not
exceed 65 pounds; Inner packagings must secured and cushioned within
the outer package to prevent breakage, leakage, and movement.
    (2) Beverages, food, cosmetics and medicines, medical screening
solutions, and concentrates sold as retail products containing ethyl
alcohol classed as a flammable liquid or flammable solid containing
more than 70% ethyl alcohol by volume, by weight for solids are
excepted from the HMR provided that:

    (i) For inner packagings containing liquids the volume does not
exceed 8 fluid ounces in capacity;
    (ii) Solids containing ethyl alcohol are not packed in inner
packagings exceeding \1/2\ pound in weight;
    (iii) The net liquid contents of all inner packagings in any single
outer packaging may not exceed 192 fluid ounces. The net solid contents
of all inner packagings in any single outer packaging may not exceed 32
pounds. The gross weight of any single outer package shipped may not
exceed 65 pounds. Inner packagings must be secured and cushioned within
the outer package to prevent breakage, leakage, and movement.
    (3) For transportation by passenger or cargo aircraft, no outer
package may be transported which contains an inner packaging exceeding:
    (i) 16 fluid ounces of flammable liquid, or
    (ii) 1 pound of solids containing flammable liquid.

PART 175--CARRIAGE BY AIRCRAFT

0
10. The authority citation for part 175 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53

0
11. Add Sec.  175.34 to read as follows:

Sec.  175.34  Exceptions for Cylinders of Compressed Oxygen or Other
Oxidizing Gases Transported Within the State of Alaska.

    (a) Exceptions. When transported in the State of Alaska, cylinders
of compressed oxygen or other oxidizing gases aboard aircraft are
excepted from all the requirements of Sec. Sec.  173.302(f)(3) through
(5) and 173.304(f)(3) through (5) of this subchapter subject to the
following conditions:
    (1) Transportation of the cylinders by a ground-based or water-
based mode of transportation is unavailable and transportation by
aircraft is the only practical means for transporting the cylinders to
their destination;
    (2) Each cylinder is fully covered with a fire or flame resistant
blanket that is secured in place; and
    (3) The operator of the aircraft complies with the applicable
notification procedures under Sec.  175.33.
    (b) Aircraft restrictions. This exception only applies to the
following types of aircraft:
    (1) Cargo-only aircraft transporting the cylinders to a delivery
destination that receives cargo-only service at least once a week.
    (2) Passenger and cargo-only aircraft transporting the cylinders to
a delivery destination that does not receive cargo only service once a
week.

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
12. The authority citation for part 178 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.

0
13. In 178.516, paragraph (b)(7) is added to read as follows:

Sec.  178.516  Standards for fiberboard boxes.

* * * * *
    (b) * * *
    (7) Authorization to manufacture, mark, and sell UN4G combination
packagings with outer fiberboard boxes and with inner fiberboard
components that have individual containerboard or paper wall basis
weights that vary by not more than plus or minus 5% from the nominal
basis weight reported in the initial design qualification test report.

0
14. In 178.521, paragraph (b)(4) is added to read as follows:

Sec.  178.521  Standards for paper bags.

* * * * *
    (b) * * *
    (4) UN5M1 and UN5M2 multi wall paper bags that have paper wall
basis weights that vary by not more than plus or minus 5% from the
nominal basis weight reported in the initial design qualification test
report.

    Issued in Washington, DC on March 10, 2014 under authority
delegated in 49 CFR 1.97.
Cynthia L. Quarterman,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2014-05630 Filed 3-17-14; 8:45 am]
BILLING CODE 4910-60-P