packages of asbestos, because as the requester noted in the letter, the
Sec.  172.101 HMT entry for ``Asbestos,'' NA2212 refers to packaging
instructions specified in Sec.  173.216 for non-bulk packaging
requirements and Sec.  173.240 for bulk packaging requirements. It was
also noted in the letter that some of the packaging options specified
in Sec.  173.216 are considered bulk packagings.
    PHMSA acknowledged that some of the packaging options provided in
Sec.  173.216(c) meet the bulk packaging definition specified in Sec.
171.8 and, therefore, would be considered a bulk packaging for
transportation purposes. In this rulemaking, we are revising the bulk
packaging section reference in Column (8C) of the HMT to add a
reference to ``216'' for the table entries associated with the
following identification numbers: NA2212, UN2212, and UN2590. This
revision will: (1) Eliminate the confusion pertaining to authorized
bulk packaging specifications contained in a section previously only
referenced in the authorized non-bulk Column (8B) of HMT and (2) allow
for the continued use of bulk packages in Sec.  173.240.

Section 173.225

    Section 173.225 contains the packaging requirements and other
provisions applicable to the transportation of organic peroxides.
Paragraph (d) of this section contains the Packing Method table, which
provides packagings authorized for organic peroxides and the maximum
quantity permitted in each package or packaging. The table is missing
pertinent information, so PHMSA is revising the table to add a
reference to Note 1 for OP2, which states that if two values are given,
the first applies to the maximum net mass per inner packaging and the
second to the maximum net mass of the complete package. Additionally,
PHMSA is revising the maximum quantity for solids and combination
packagings (liquid and solid) for OP4 to read as ``5/25'' kg instead of
only ``5.''

Section 173.301

    Section 173.301 applies to general requirements for shipment of
compressed gases and other hazardous materials in cylinders, UN
pressure receptacles, and spherical pressure vessels. Paragraph (g) of
this section describes the requirements to manifold cylinders in
transportation. A manifold system is a single pipe or chamber connected
to a group of cylinders, which allows for a single point of loading and
unloading.
    Incidents investigated by the NTSB have highlighted potential risks
when transporting manifolded acetylene trailers.\3\ These incidents
included overturned vehicles and two unloading releases. As a result of
the impact caused by ejection of the cylinders from the vehicle during
overturn incidents, cylinders have shown signs of broken valves, burst
heads, burst walls, as well as bulging and denting of the walls. The
impact resulting from the ejection of the cylinders from the vehicle
also can cause the valves to break, which may ignite the acetylene. The
NTSB's investigation also concluded that the unloading sequence is
occasionally done out of order from what is specified in the standard
operating procedures and that this can be a contributing factor to
incidents.
---------------------------------------------------------------------------

    \3\ https://www.ntsb.gov/doclib/safetystudies/SIR0901.pdf.
---------------------------------------------------------------------------

    The NTSB has issued two Safety Recommendations \4\ to PHMSA based
on recent incidents involving manifolded acetylene trailers:
---------------------------------------------------------------------------

    \4\ http://phmsa.dot.gov/staticfiles/PHMSA/DownloadableFiles/Files/NTSB%20Files/H_09_1_2_Original.pdf.

    H-09-01: Modify 49 CFR 173.301 to clearly require (1) that
cylinders be securely mounted on mobile acetylene trailers and other
trailers with manifolded cylinders to reduce the likelihood of
cylinders being ejected during an accident and (2) that the cylinder
valves, piping, and fittings be protected from multidirectional
impact forces that are likely to occur during highway accidents,
including rollovers.
    H-09-02: Require fail-safe equipment that ensures that operators
of mobile acetylene trailers can perform unloading procedures only
correctly and in sequence.

    Given the results of the NTSB investigations, as well as the
associated safety risks of mobile acetylene trailer overturns and
unloading operations, PHMSA proposed in the NPRM to incorporate by
reference in Sec.  171.7 of the HMR the CGA G-1.6-2011, Standard for
Mobile Acetylene Trailer Systems, Seventh Edition, copyright 2011. CGA
G-1.6 would serve to address the NTSB Safety Recommendations specific
to mobile acetylene trailers. This pamphlet was updated by the CGA with
input from both PHMSA and the industry to address cylinder securement
under accident conditions, valve protection from multidirectional
impact forces, and unloading procedures specific to mobile acetylene
trailers.
    Specifically, PHMSA proposed to incorporate the CGA pamphlet into
Sec.  171.7 and to revise Sec.  173.301(g)(1)(iii) to indicate that
mobile acetylene trailers must be maintained, operated, and transported
in accordance with CGA Pamphlet G-1.6. In addition, PHMSA sought
specific comment on the inclusion of CGA Technical Bulletin (TB) TB-25
to address structural integrity requirements. PHMSA also proposed to
revise Sec.  177.840 by adding paragraph (a)(3) to state that cylinders
containing acetylene and manifolded as part of a mobile acetylene
trailer system must be transported in accordance with Sec.  173.301(g)
to ensure that this requirement is addressed in the carriage by highway
portion of the HMR.
    PHMSA received two comments on this provision. The CGA, who
petitioned to incorporate by reference CGA Pamphlet G-1.6, stated
continued support for the adoption of this provision. Additionally,
they comment that TB-25 ought not to be included in the adopted
regulations, stating that it would be incorrectly applied. TB-25
addresses tubes that are mounted horizontally on a trailer chassis
whereas acetylene cylinders are required to be mounted vertically with
individual valve protection. Thus, while tubes are permanently mounted
onto a trailer chassis, acetylene cylinders are not permanently
attached to the trailer to allow for periodic maintenance (i.e.,
resolventing).
    In its comment, the NTSB agrees with PHMSA's intent to address
mobile acetylene trailers but states that CGA Pamphlet G-1.6 does not
fully address accident impact protection from multidirectional forces
that are likely to be encountered during highway accidents, including
rollover. Additionally, they believe TB-25 should be included to
address manifolded acetylene cylinders and state that a revision to TB-
25 to include vertically-mounted, manifolded cylinders would provide a
standard for accurate and verifiable performance testing, analytical
methods, or a combination thereof, to prove the adequacy of mobile
acetylene trailer designs in both normal operation and accident
conditions. The NTSB also disagrees with PHMSA that the proposed
changes address cylinder securement, vehicle accident impact, or
rollover protection as recommended in Safety Recommendation H-09-01.
Lastly, it states that CGA Pamphlet G-1.6 does not mandate operator

equipment that would require them to perform unloading procedures in
the correct sequence and that it only requires that instructions are
readily available to the operator.
    PHMSA appreciates both CGA and NTSB's comments on this provision.
We recognize NTSB's concerns regarding the nature of its
recommendations and what was proposed in the NPRM. Its comments
demonstrate that further examination of this issue regarding
performance in accident conditions is necessary. While we cannot adopt
additional provisions at this time as they are beyond the scope of this
rulemaking, we will work with both the NTSB and the CGA to address
remaining concerns and additional action may be taken in a future
rulemaking. However, at this time PHMSA is adopting as proposed the
incorporation by reference of CGA Pamphlet G-1.6.

Section 173.306

    Section 173.306 provides exceptions from the HMR for compressed
gases, including aerosols, when transported in limited quantities. In a
final rule published May 14, 2010 [Docket No. PHMSA-2009-0289 (HM-
233A); 75 FR 27205], PHMSA added a new paragraph (k) to Sec.  173.306
adopting provisions from DOT-SP 12842. These provisions authorized an
increase in gross weight per package for the purpose of packaging
discarded empty, partially used, and full aerosol containers to be
transported to a recycling or disposal facility.
    PHMSA received a request for a letter of interpretation (Ref. No.
12-0004) seeking confirmation that aerosols shipped for disposal or
recycling in compliance with Sec.  173.306(k) are permitted the same
exceptions (i.e., the marking and labeling requirements of part 172,
subparts D and E, respectively, and shipping paper requirements, unless
it is a hazardous waste or hazardous substance, of part 172, subpart C)
granted under Sec. Sec.  173.306(i) and 173.156(b) without being
reclassified as an ORM-D material. The requester also pointed out that
under DOT-SP 12842, aerosols shipped for disposal or recycling were
excepted from the marking, labeling, and shipping paper requirements,
unless they were considered a hazardous waste or hazardous substance,
without being reclassified as an ORM-D material.
    In response to the NPRM, PHMSA received three comments on this
proposed change. Two commenters, the USWAG and Veolia voiced general
support for the revision. However, both Veolia and ACA noted a mistake
in the preamble language of the NPRM and believe the applicable marking
section referenced in the discussion was in error and should be Sec.
172.315(a)--for modes other than air transport, not paragraph (b).
Though, Veolia does note that the proposed revised text included by
PHMSA in Sec.  173.306(k)(3) is correct by referencing Sec.
172.315(a). PHMSA appreciates the comment from Veolia and agrees that
they are correct. Additionally, in its comment, ACA questions the need
for the proposed marking requirement in Sec.  173.306(k)(4) requiring
that limited quantity packages containing aerosols for recycling or
disposal conforming to the provisions of paragraph (a)(3), (a)(5), or
(b)(1) must also be marked ``INSIDE CONTAINERS COMPLY WITH PRESCRIBED
REGULATIONS'' in addition to marking in accordance with Sec.
172.315(a). The ACA commented that the ``INSIDE CONTAINERS COMPLY WITH
PRESCRIBED REGULATIONS'' marking is explicitly not required by Sec.
173.306(i) and therefore an original (not for recycling or disposal)
shipment of aerosols meeting the requirements of a limited quantity is
not required to be marked ``INSIDE CONTAINERS COMPLY WITH PRESCRIBED
REGULATIONS''. The ACA contends that when an aerosol is ready for
disposal or recycling it is presumably empty or less than full and that
the risk is lower, and as such, it questions the need for this
additional marking. The ACA commented that this situation is somewhat
confusing and will likely lead to mistakes and in addition, will
require shippers of aerosols to stock two different boxes or a roll of
labels for the disposal or recycling shipments, incurring additional
costs for very low-risk commodities.
    PHMSA agrees that the proposed marking of packages with ``INSIDE
CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS'' is not necessary, as
the presence of a Sec.  172.315(a) limited quantity mark on a package
prepared in accordance with Sec.  172.306(k) sufficiently communicates
conformance with applicable requirements, and although PHMSA does not
necessarily agree that the risk of empty or partially full aerosols is
lower due to the much larger quantity authorized per package (i.e., 500
kg gross) compared to the standard limitation of 30 kg gross, we
believe the safety concern of the larger quantity is offset by the
conditions of the exception in Sec.  172.306(k), specifically,
protecting or removing the valve stem of the aerosols and limiting
carriage to private or contract carriers, or under exclusive use
service by common carriers. The former protects against the release of
contents and while the latter prevents introduction into common
transportation channels where transport personnel do not have as much
expertise and knowledge of the package and its contents. Therefore, in
this rulemaking, we are revising Sec.  173.306(k) by clarifying that
aerosols shipped for recycling or disposal by motor vehicle, under the
specific conditions provided in Sec.  173.306(k), are afforded the
applicable exceptions provided for ORM-D materials granted under
Sec. Sec.  173.306(i) and 173.156(b). In addition, Sec.  173.306(k)
packages must be marked in accordance with Sec.  172.315(a).

Sections 173.314(h) and 173.315(b)(1)

    Section 173.314 establishes requirements for compressed gases in
tank cars and multi-unit tank cars, and Sec.  173.315 establishes
requirements for compressed gases in cargo tanks and portable tanks.
PHMSA is aware of several incidents possibly attributed to either the
under-odorization or odorant fade of LPG. Although not transportation
related, most notable of these incidents is one that happened in
Norfolk, MA on July 30, 2010, where an explosion occurred at a
residential condominium complex that was under construction. Emergency
responders from 21 cities and towns deployed personnel to the accident
site. The accident resulted in seven injuries and one fatality.
    The subsequent investigation raised questions as to whether there
was a sufficient level of odorant in the LPG contained in the on-site
storage tanks. In accordance with Federal and State laws and
regulations, LPG intended for use by non-industrial entities is
generally required to be odorized, or stenched, to enable the detection
of any unintended release or leak of the gas. LPG is highly flammable,
and is dangerous to inhale in large quantities; thus the addition of an
odorant is a safety precaution that helps warn those in the area that a
release of gas has occurred. In the Norfolk incident, there was no
noticeable evidence of odorant that would indicate a leaking. PHMSA has
consulted with stakeholders from industry, fire fighter associations,
and other regulatory agencies in order to better understand the root
cause of incidents like the one in Norfolk. Although additional
research may be necessary in order to come to more definitive
conclusions, PHMSA has identified the following situations in which the
risks of under-odorization or odorant fade are more likely to occur:

    Injection Process: On December 13, 2012, PHMSA met with
representatives from the NPGA to gain a better understanding of the LPG
odorization process. During this meeting, representatives from the NPGA
stated that the most common method for the odorization of LPG is
through an automated system. However, the NPGA also noted there are
situations where the odorization process is manually performed.
Preliminary investigations into the Norfolk, MA incident suggest that
the lack of sufficient odorization rendered the LPG undetectable when
the on-site storage tank began to leak. In situations where the
injection process is not fully automated, the potential for human error
may increase the possibility of under-odorization. We believe that the
insufficient level of odorant in the LPG contained in the on-site
storage tank involved in the Norfolk, MA incident was likely a major
contributing factor in limiting the ability of on-site personnel to
readily detect the leak.
    New Tanks or Freshly Cleaned Tanks: During our meetings with
various stakeholders, several indicated that a phenomenon known as
``odor fade'' may be a problem when new or recently cleaned tanks are
used. New or recently cleaned tanks may absorb the odorant into the
metal shell of these tanks leading to an ``odorant fade,'' thus
limiting the effectiveness of the remaining odorant in the LPG.
    Odorization Standards: The odorization of LPG is addressed by
Federal and State laws and regulations, as well as by generally
accepted industry standards and practices. When offered and transported
in commerce, the HMR specifies that all LPG in cargo and portable tanks
be effectively odorized using either 1.0 pound of ethyl mercaptan, 1.0
pound of thiopane, or 1.4 pounds of amyl mercaptan per 10,000 gallons
of LPG, in the event of an unintended release or leak to indicate the
presence of gas. The HMR does not, however, require LPG to be odorized
if odorization would be harmful in the use or further processing of the
LPG, or if odorization will serve no useful purpose as a warning agent
in such use or further processing. Essentially, this exception applies
to LPG being transported to industrial end-users.
    In response to the NPRM, PHMSA received comments from the
Massachusetts Department of Fire Services, the NASFM, the NTSB, the
IAFC, the NPGA, Trammo Inc., and the New Hampshire Office of the State
Fire Marshall on the proposed odorization requirements. All of the
commenters supported the development of an odorization standard for
rail tank cars as it exists for cargo tanks and portable tanks.
Additionally, support for qualitative testing to address under-
odorization or odorant fade was voiced.
    The Massachusetts Department of Fire Services generally support
PHMSA's proposal to address odorization of LPG in both cylinders and
rail cars, as well as the creation of a performance standard to address
issues of under-odorization and odorant fade of LPG in transportation.
They believe that the proposals could be strengthened in two ways: (1)
Mandate qualitative testing equivalent to the Code of Massachusetts
Regulations, which specifies the tests that can be used to satisfy this
requirement; and (2) mandate recordkeeping requirements that can be
made available upon request. Records should include: The process of
odorization, testing and test results, and if necessary, remediation by
injection of additional odorant. The odorization in cylinders is not
being adopted as proposed. While PHMSA appreciates the prescriptive
additional requirements for odorization offered in the comment from the
Massachusetts Department of Fire Services we disagree with specifying
the tests that can be used and requiring recordkeeping. These measures
were not proposed in the NPRM and PHMSA sees specifying the tests as a
limiting factor to addressing odorization qualitative testing. While we
do not take issue with using the tests outlined in the Code of
Massachusetts Regulations, we are not prescribing specific tests. In
addition, the requirement for recordkeeping was not proposed in the
NPRM, so obligatory paperwork burdens were not accounted for: PHMSA is
required by Federal law to reduce the paperwork burdens it imposes on
private citizens and businesses. Accordingly, we do not agree that the
safety benefits achieved by requiring recordkeeping are justified.
These comments by the Massachusetts Department of Fire Services were
echoed by the NASFM, the IAFC, and the New Hampshire Office of the
State Fire Marshall.
    As discussed in the section referencing the Provisions Not Adopted
in This Final Rule, the NPGA opposed an odorization testing requirement
for cylinders and cargo tanks. Although PHMSA disagrees with NPGA that
cargo tanks should be excluded from the requirements to address odorant
fade or under-odorization, we agree with its comment that it should be
addressed ``upstream'' in transportation. Therefore, we are only
applying the revised text in Sec.  173.315(b)(1) to cargo tanks and
portable tanks being offered for transport from a refinery, gas plant,
or pipeline terminal.
    The NPGA also provided suggestions to improve the proposed Sec.
173.314(h) language. It suggests deleting the references to thiophane
and amyl mercaptan as these materials are no longer used as odorant in
LPG. PHMSA agrees with this comment and will remove those references.
Due to universal support by commenters for requiring an odorant
performance standard as well as measures to address odorant fade and
under-odorization in rail tank car tanks, we are adopting new Sec.
173.314(h) provisions with minor changes.
    Trammo Inc. generally supported the proposed changes, but expressed
concern about the odorization requirements regarding exporting propane.
They note that odorized propane cannot be shipped internationally
because it may be sold for industrial purposes for which odorization
may be harmful, and that a small specialized fleet of refrigerated gas
carriers refuse to carry odorized products because of persistent cargo
residue and contamination. Trammo Inc. notes that receiving odorized
propane would have negative consequences for the company and its
customers. PHMSA notes these concerns; however, PHMSA points out that
Sec. Sec.  173.314(h) and 173.315(b)(1) provide an exception that
addresses this scenario indicating that odorization is not required if
harmful in the use or further processing of the liquefied petroleum gas
or if odorization will serve no useful purpose as a warning agent in
such use or further processing. This exception would apply to the
exportation and further distribution of liquefied propane gas
internationally if it cannot be offered as odorized.

Part 175

Sections 175.1 and 175.9

    Section 175.1 describes the purpose, scope, and applicability of
part 175 to air operations, specifically, the transportation of
hazardous materials in commerce by air. Section 175.9 provides
exceptions from regulation under the HMR for certain special aircraft
operations. Specifically, paragraph (b)(4) of Sec.  175.9 excepts
hazardous materials carried and used during dedicated air ambulance,
firefighting, or search and rescue operations. To clarify that these
operations are not subject to the HMR when in compliance with
applicable Federal Aviation Regulations (FAR; 14 CFR) and any
additional Federal Aviation Administration (FAA)

requirements, PHMSA is adding a new paragraph (d) in Sec.  175.1
stating that the HMR does not apply to dedicated air ambulance,
firefighting, or search and rescue operations. This will eliminate any
confusion that these air operations would otherwise be subject to
requirements in the HMR (e.g., passenger notification requirements).
PHMSA is also removing Sec.  175.9(b)(4) for consistency.
    As with other conditional exceptions to the HMR, non-compliance
with the FAR could subject operators to enforcement under the HMR, but
PHMSA does not anticipate any adverse safety consequences with this
proposed revision due to the existing training requirements in the FAR
on the proper handling and stowage of hazardous materials carried
onboard aircraft.
    The FAA and PHMSA recognize that certain operators do not solely
utilize their aircraft for purposes under Sec.  175.9(b)(4). Normal
transport operations (i.e., the transport of passengers or cargo not
required for performance of, or associated with, the specialized
emergency function) would continue to be subject to the HMR. However,
staging operations and other operations related to dedicated air
ambulance, firefighting, or search and rescue operations are intended
to be excepted from the HMR when in compliance with the FAR. We note
the following definitions in FAA Order 8900.1 (Vol. 3, Chapter 14,
Section 1, 3-529(C)):

    (1) Firefighting. This term includes the drop of fire
retardants, water, and smoke jumpers. It also includes the transport
of firefighters and equipment to a fire or to a base camp from which
they would be dispersed to conduct the firefighting activities.
    (2) Search and Rescue. Search and rescue is a term of art
meaning aircraft operations that are flown to locate people who
cannot be located from the ground. The term includes operations
where the aircraft is indispensable to the search, or is the only
feasible means of reaching the victim. Victims would be considered
to be ``associated with'' the search and rescue operation. The term
``search and rescue'' does not include routine medical evacuation of
persons due to traffic accidents and other similar incidents.

    Air ambulance operators are required by the FAR to utilize either
Operational Specification (OpSpec) A021 (Helicopter Emergency Medical
Services (HEMS) Operations) or A024 (Air Ambulance Operations--
Airplane) and must obtain and adhere to the appropriate OpSpec to be
excepted from the HMR.

Section 175.8

    Section 175.8 provides exceptions from certain regulations for air
carrier operator equipment and items of replacement. Paragraph (b)(1)
provides that oxygen, or any hazardous material used for the generation
of oxygen, for medical use by a passenger, which is furnished by the
aircraft operator in accordance with certain FAR (14 CFR) requirements
is not subject to the requirements of the HMR. The provisions of the
FAR, at Sec.  125.219, Oxygen for medical use by passengers, was
inadvertently left out of paragraph (b)(1). In this rulemaking, we are
revising paragraph (b)(1) by adding the appropriate FAR, part 125
citation.

Section 175.10

    Section 175.10 provides exceptions for passengers, crewmembers, and
air operators. Paragraph (a) of this section lists a number of
hazardous materials that are permitted for carriage by passengers or
crewmembers provided the requirements of Sec. Sec.  171.15 and 171.16
and the conditions of this section are met. PHMSA is proposing
revisions to some of these provisions to promote clarity.
    In paragraph (a)(6), hair curlers (curling irons) containing a
hydrocarbon gas, such as butane, and carried in carry-on or checked
baggage, are excepted from the requirements of the HMR. However, gas
refills for such curlers are not permitted in carry-on or checked
baggage. In this final rule, PHMSA is prohibiting such hair curlers in
checked baggage due to the risk posed by flammable gases in an
inaccessible compartment on a passenger-carrying aircraft. Flammable
gases will burn if mixed with an appropriate amount of air and confined
burning of a flammable gas can lead to detonation. As a result, we
remain concerned with the flammability hazard posed by butane and other
flammable gases and the ability of such gases to propagate or
contribute to a fire in the cargo compartment of an aircraft. This
concern is particularly relevant to carriage in checked baggage, where
damage to the curling iron and the subsequent release of a flammable
gas may occur if the baggage is mishandled or the article itself is
compromised.
    Because of the risks posed by flammable gas, a number of safety
requirements apply to cargo shipments of flammable gas on passenger-
carrying aircraft. Most Division 2.1 flammable gas substances and
articles are generally forbidden from transportation as cargo aboard
passenger-carrying aircraft, and PHMSA's prohibition of the carriage of
butane-powered curling irons in checked baggage is consistent with this
provision. In the area of aviation safety, where the high volume of
travel and the catastrophic consequences of failure lead to a very low
tolerance for risk, we firmly believe the known risks of flammable gas
are sufficient basis for our decision. In the NPRM, we solicited public
comment on any impact our proposed action may impose upon passengers,
crew members, and air operators; however, PHMSA did not receive any
comments.
    In paragraph (a)(22) of this section, non-infectious specimens
transported in accordance with Sec.  173.4b(b) (de minimus quantities)
are permitted for carriage by passengers or crewmembers. PHMSA is
clarifying this exception to include the phrase ``in preservative
solutions'' to clarify the intended use of this exception. Non-
infectious substances would not be subject to the HMR if they did not
otherwise meet the definition of any other hazard classes. This
clarification signals that the exception refers to specimens in
solutions that may contain preservatives that are hazardous materials,
such as formaldehyde and alcohol solutions.
    Additionally, PHMSA is revising paragraph (a)(24) of this section,
which refers to small cartridges of carbon dioxide or other suitable
gas of Division 2.2. The exception states that small cartridges fitted
into devices with no more than four small cartridges are permitted.
This is inconsistent with the ICAO TI, which permits cartridges for
other devices indicating that spares are permitted. As Sec.
175.10(a)(24) currently reads, there is no mention of spare cartridges.
The HMR currently permits up to four small cartridges, and therefore,
PHMSA is revising this paragraph to state that small cartridges fitted
into or securely packed with devices with no more than four small
cylinders of carbon dioxide or other suitable gas in Division 2.2 are
permitted for carriage by passengers or crewmembers. This change
harmonizes the exception with international standards to clarify that
spares are permitted in addition to the cartridges already fitted into
the device, provided they are securely packed with the devices for
intended use.

Section 175.75

    Section 175.75 describes the quantity limitations and cargo
locations for carriage by aircraft. Paragraph (e)(2) excepts packages
of hazardous materials transported aboard a cargo aircraft, when other
means of transportation are impracticable or not available, in
accordance with procedures approved

in writing by the FAA Regional or Field Security Office in the region
where the operator is located, from the requirements of paragraphs (c)
and (d) of Sec.  175.75. PHMSA is revising this paragraph by removing
the word ``located'' and replacing it with ``certificated.'' The words
``or Field Security'' are also removed. This amendment ensures that
operators interact with the Hazardous Materials Division Manager (HMDM)
who has already reviewed and recommended for approval the certificate's
hazmat-related manual(s) required under FAR Sec.  121.135. The HMDM (or
designee) will already have an understanding of the certificate's
operations and, as needed, will interact with the local resources and/
or the operator's certificate management team to assess the
impracticability or lack of availability of other cargo operations--as
well as what alternative procedures should be prescribed.

Part 176

Section 176.30

    Section 176.30 prescribes the information required on dangerous
cargo manifests for vessel transport. Paragraph (a)(4) requires ``the
number and description of packages (e.g., barrels, drums, cylinders,
boxes, etc.) and gross weight for each type of packaging.'' In this
final rule, PHMSA is replacing the word ``packaging'' with ``package,''
as the term ``packaging'' refers to the means of containment and not
the completed package.

Part 177

Section 177.834

    Section 177.834 establishes general operational requirements for
hazardous materials transportation by highway. Section 177.934(i)
prescribes attendance requirements for loading and unloading
operations. In a final rule published on January 21, 2016 [Docket No.
PHMSA-2013-0042 (HM-233F); 81 FR 3635], PHMSA codified DOT Special
Permits 9874, 13190, 13424, 13959, 14141, 14150, 14680, 14822, 14827,
and 14840 into Sec.  177.834(i) that authorize ``attendance'' of the
loading or unloading of a cargo tank by a qualified person observing
all loading or unloading operations by means of video cameras and
monitors or instrumentation and signaling systems such as sensors,
alarms, and electronic surveillance equipment located at a remote
control station. In the same final rule, PHMSA codified DOT Special
Permits 13484 and 14447 also into Sec.  177.834(i) that authorize
``attendance'' of the loading or unloading of a cargo tank through the
use of hoses equipped with cable connected wedges, plungers, or flapper
valves located at each end of the hose, able to stop the flow of
product from both the source and the receiving tank within one second
without human intervention in the event of a hose rupture,
disconnection, or separation. The SPs prescribe inspection requirements
and operational controls for use of the hoses. In the final rule,
however, PHMSA inadvertently omitted the word ``or'' between each of
the four acceptable methods of determining compliance with the
attendance requirements adopted by the codification of the 12 special
permits. Thus, in this final rule, PHMSA is inserting the word ``or''
between each acceptable method in Sec.  177.834(i) as proposed in the
January 30, 2015 NPRM.

Section 177.848

    Section 177.848 addresses segregation requirements for hazardous
materials transported by motor carrier. PHMSA received a request for a
letter of interpretation (Ref. No. 09-0268) requesting clarification
whether ``Boosters, 1.1D, UN0042, PG II'' and ``Ammonium nitrate, 5.1,
UN1942, PG III'' can be transported in the same vehicle. The requester
noted seemingly conflicting requirements in Sec. Sec.  177.835 and
177.848 applicable to the segregation of ammonium nitrate fertilizer
and explosive materials.
    Section 177.848(e) provides instructions for using the segregation
table in Sec.  177.848(d). Presently, under Sec.  177.848(e)(5)
assignment of note ``A'' authorizes ammonium nitrate (UN1942) and
ammonium nitrate fertilizer to be loaded or stored with Division 1.1 or
Division 1.5 (explosive) materials. However, Sec.  177.835(c) provides
that Division 1.1 or 1.2 (explosive) materials may not be loaded into
or carried on any vehicle or a combination of vehicles under certain
conditions outlined in paragraphs (c)(1) through (4). PHMSA clarified
in the response letter that a Division 1.1 or 1.2 explosive may not be
loaded into or carried on any vehicle or a combination of vehicles that
does not conform to Sec. Sec.  177.835(c)(1) through (4), regardless of
the note ``A'' exception for UN1942 in Sec.  177.848(e)(5). In this
rulemaking, we are clarifying that the loading restrictions in Sec.
177.835(c)(1) through (4) are applicable to Sec.  177.848(e).

Part 178

Section 178.65

    Section 178.65 applies to the manufacture of DOT Specification 39
non-reusable (non-refillable) cylinders. Paragraph (i) of this section
describes the required markings for DOT 39 cylinders. The reference to
Sec.  178.35(h) in Sec.  178.65(i)(1) is incorrect, as Sec.  178.35(h)
was removed under a final rule published July 20, 2011 [Docket No.
PHMSA-2009-0151 (HM-218F); 76 FR 43509], which consolidated the
inspector's report requirements found in Sec.  178.35(g) into paragraph
(c)(4) of that section, moved the manufacturer's report retention
requirements into paragraph (g) and removed paragraph (h). In this
final rule, PHMSA is revising Sec.  178.65(i)(1) to correctly reference
the manufacturer's report requirements in Sec.  178.35(g).

Section 178.337-17

    Section 178.337-17 prescribes the marking requirements applicable
to MC 331 cargo tank motor vehicles. Paragraph (a) of this section
outlines general requirements for marking of MC 331 cargo tank motor
vehicles. PHMSA received a request for a letter of interpretation (Ref.
No. 04-0206) to clarify the applicability of these markings in Sec.
178.337-17(a). The request pointed out an incorrect use of the term
cargo tank as it applies to the requirement for specification plates
found in paragraph (a), which states that each cargo tank certified
after October 1, 2004 must have a corrosion-resistant metal name plate
(ASME Plate) and specification plate permanently attached to the cargo
tank by brazing, welding or other suitable means on the left side near
the front, in a place accessible for inspection.
    In response, we stated that an MC 331 cargo tank must have a metal
name plate (also referred to as an ASME plate) permanently attached to
the cargo tank. In addition, an MC 331 cargo tank motor vehicle
certified after October 1, 2004, must have a specification plate that
includes the information specified in Sec.  178.337-17(c). In this
final rule, PHMSA is revising Sec.  178.337-17(a) to eliminate
confusion of the name plate and specification plate requirements.

Section 178.345-3

    Section 178.345-3 prescribes general requirements for the
structural integrity of specification cargo tanks. Paragraph (c)(1) of
this section addresses stress in the cargo tank shell resulting from
normal operating loadings. PHMSA published a final rule on October 2,
2013 [Docket No. PHMSA-2013-0158 (HM-244F); 78 FR 60745; effective
October 1, 2013] intending to correct the formula presented in
paragraph (c)(1) for the figure ``SS2'' to read ``SS\2\.''
This correction correctly adjusted the

standard ``2'' in the term to be a superscript ``\2\'' but
inadvertently adjusted the second ``S'' from a subscript
``S'' to a standard ``S.'' This is incorrect, and in this
final rule, PHMSA is revising this portion of the formula in Sec.
178.345-3(c)(1) to read ``SS\2\''.

Section 178.955

    Section 178.955 prescribes the design and testing criteria for
Large Packagings. Presently, if a manufacturer of a Large Packaging
wishes to construct a Large Packaging that differs from a listed
specification, there is no Associate Administrator approval provision
outlined in the HMR. However, the HMR alludes to the need for an
approval in the Large Packaging marking requirements in Sec.
178.910(a)(1)(ii). The HMR have approval provisions in Part 178 for
manufacturers of both non-bulk packagings and IBCs when constructing
packagings that differ from listed specifications. In this rulemaking,
we are proposing to include provisions consistent with the non-bulk
packaging and IBC approval provisions for Large Packagings in Sec.
178.955. Such Large Packagings must be shown to be equally as
effective, and the testing methods used must be equivalent. This change
resolves the issue with Sec.  178.910(a)(1)(ii) and is consistent with
both the UN Model Regulations and the IMDG Code, which prescribe
approval provisions for non-bulk packagings, IBCs, and Large
Packagings.

Part 179

Section 179.13

    Section 179.13 includes limitations on rail tank car capacity and
gross weight. With certain exceptions, this section generally limits
the gross weight on rail of tank cars to 263,000 pounds. However, this
section has been revised numerous times over the last several years. On
January 13, 2009 [74 FR 1770], PHMSA added paragraph (b) to this
section authorizing tank cars designed to transport poisonous-by-
inhalation (PIH) materials and built with certain mandated safety
improvements (tank cars meeting the specifications of Sec.
173.244(a)(2) or (3) or Sec.  173.314(c) or (d)) to have a gross weight
on rail of up to 286,000 pounds provided any weight increase was not
used to increase product capacity. Subsequently, in an effort to
incorporate several widely used special permits providing relief from
the gross weight limitations of Sec.  179.13, PHMSA revised the section
on May 14, 2010 [75 FR 27205], to provide FRA with the authority to
approve the operation of tank cars containing materials other than PIH
materials at gross weights of up to 286,000 pounds. FRA published
notice of its approvals under this section on January 25, 2011 [76 FR
4250].
    In 2011 [76 FR 51324; 51331], noting that the agency's stated
intent in the 2010 rule was to incorporate into the HMR existing
special permits related to tank car gross weight for tank cars carrying
both non-PIH materials and PIH materials by giving FRA authority to
approve tank car weights up to 286,000 pounds for both types of tank
cars, PHMSA proposed to revise Sec.  179.13 to correct the omission of
PIH material tank cars from FRA's approval authority. However, when
adopted as a final rule on June 25, 2012 [(HM-216B); 77 FR 37962;
37985], the regulatory language did not correct this inadvertent
omission. Instead, in the final HM-216B rule, Sec.  179.13 was revised
to provide that tank cars designed to transport PIH materials and built
with the required safety improvements set forth in Sec.  173.244(a)(2)
or (3) or Sec.  173.314(c) or (d)) ``may have a gross weight on rail of
up to 286,000 pounds upon approval by the Associate Administrator for
Railroad Safety, FRA.''
    As clearly demonstrated by the 2009 and 2010 rules, it was not the
intent of either PHMSA or FRA to require FRA approval of tank cars
built to the enhanced standards of Sec. Sec.  173.244(a)(2) or (3) or
173.314(c) or (d) for those cars to operate at a gross rail load of
286,000 pounds. Accordingly, in this final rule PHMSA is revising Sec.
179.13 to correct this error by (1) making it clear that tank cars
containing PIH materials built to the enhanced standards of Sec.
173.244(a)(2) or (3) or Sec.  173.314(c) or (d) do not need FRA
approval to operate at gross rail loads of up to 286,000 pounds and (2)
providing for FRA approval of tank cars containing PIH materials that
do not meet the enhanced standards to operate at gross rail loads of up
to 286,000 pounds. PHMSA received one comment from The Chlorine
Institute in support of this revision.

Part 180

Section 180.209

    Section 180.209 prescribes requalification requirements for DOT
specification cylinders. Paragraph (j) contains a reference to an
obsolete special provision. In a January 7, 2013 final rule [Docket No.
PHMSA-2009-0126 (HM-215K); 78 FR 1101], we removed and relocated
regulatory text from Sec.  172.102(c)(1) Special Provision 18 to Sec.
173.309(a), which prescribes the conditions when specification
cylinders may be described, offered, and transported in commerce as
fire extinguishers. In relocating the text, PHMSA did not update this
section to reflect the change. In this final rule, we are correcting
this inconsistency by replacing the reference to Sec.  172.102(c)(1)
Special Provision 18 with Sec.  173.309(a).

V. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    The Federal Hazardous Materials Transportation Law (49 U.S.C. 5101-
5128) authorizes the Secretary of Transportation (Secretary) to
``prescribe regulations for the safe transportation, including
security, of hazardous material in intrastate, interstate, and foreign
commerce.'' The Secretary delegated this authority to PHMSA in 49 CFR
1.97(b). If adopted as proposed, this final rule would make
miscellaneous amendments to the HMR, correct errors in the Sec.
172.101 HMT and corresponding special provisions, and respond to NTSB
Safety Recommendations related to the safe transportation of manifolded
acetylene cylinders.
    Additionally, this final rule will respond to petitions for
rulemaking related to the allowable format for emergency telephone
numbers on shipping papers; relax the pressure test interval for
certain cargo tanks in dedicated propane service; enhance the safe
packaging for nitric acid; clarify the testing requirements for
specification cargo tank pressure relief devices; harmonize the hazard
communication requirements for poisonous-by-inhalation materials
transported by vessel; and eliminate a potentially confusing packing
group designation for certain organic peroxides, self-reactive
materials, and explosives. These amendments clarify regulatory
requirements and, where appropriate, decrease the regulatory burden
without compromising the safe transportation of hazardous materials in
commerce.

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

    This final rule is not considered a significant regulatory action
within the meaning of Executive Order 12866 (``Regulatory Planning and
Review'') and the Regulatory Policies and Procedures of the Department
of Transportation [44 FR 11034].
    In this final rule, we amend miscellaneous provisions in the HMR
for clarification and relaxation of overly burdensome requirements,
with the intent of, thereby, increasing voluntary compliance while
reducing compliance

costs. As a result, PHMSA anticipates the amendments contained in this
rule will have economic benefits to the regulated community. Executive
Order 13563 (``Improving Regulation and Regulatory Review'') 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. In addition, Executive Order 13563 specifically requires
agencies to: (1) Involve the public in the regulatory process; (2)
promote simplification and harmonization through interagency
coordination; (3) identify and consider regulatory approaches that
reduce burden and maintain flexibility; (4) ensure the objectivity of
any scientific or technological information used to support regulatory
action; and (5) consider how to best promote retrospective analysis to
modify, streamline, expand, or repeal existing rules that are outmoded,
ineffective, insufficient, or excessively burdensome.
    In this final rule, PHMSA has involved the public in the regulatory
process in a variety of ways: Specifically, PHMSA is addressing issues
and errors that were identified for future rulemaking both through
letters of interpretation and other correspondence with PHMSA
stakeholders who brought editorial errors in the HMR to our attention.
In addition, PHMSA has responded to seven petitions for rulemaking and
two NTSB Safety Recommendations. PHMSA asked for public comments based
on the proposals in this NPRM, and upon receipt of public comment,
PHMSA has addressed all substantive comments in this rulemaking action.
    The amendments in the final rule promote simplification and
harmonization through interagency coordination. In this final rule,
PHMSA is revising 49 CFR part 175, in a collaborative effort with the
Federal Aviation Administration (FAA), to: clarify the applicability of
the HMR to certain aircraft operators, clarify exceptions for
passengers and crewmembers, correct inaccurate references to title 14
of the CFR, and make minor editorial corrections applicable to air
operations to improve overall clarity. There are minimal additional
costs associated with these proposals; however, increased clarity will
result in net benefits.
    This final rule also promotes harmonization with international
standards, such as the IMDG Code, Canada's TDG requirements, and the
ICAO TI. These efforts include:
     Harmonizing hazard communication for poisonous-by-
inhalation materials with the IMDG Code and TDG regulations;
     Removing the packing group II designation for certain
organic peroxides, self-reactive substances, and explosives to be
consistent with the UN Recommendations, IMDG Code, and ICAO TI, thus
facilitating international transport;
     Harmonizing entries in the HMT with the above listed
international standards;
     Revising the passenger exceptions applicable to small
cartridges containing Division 2.2 gas with the ICAO TI;
     Harmonizing the excepted quantities requirements to mirror
language employed in the ICAO TI as they apply to articles.
    These revisions to the Sec.  172.101 HMT will eliminate errors,
reduce ambiguity, harmonize the HMR with international regulations, and
improve clarity. Although these revisions are minor, they are expected
to produce a safety benefit derived from the increased clarity and
accuracy of the text in the Sec.  172.101 HMT.
    This final rule permits flexibility in achieving compliance when
transporting damaged wet electric storage batteries; extends the
requalification interval for certain MC 331 cargo tanks in dedicated
propane service from five years to ten years for a pressure test and
internal visual inspection, therefore, fostering greater regulatory
flexibility without compromising transportation safety; clarifies the
regulations to provide flexibility in the ability to use the ``NOT-
ODORIZED'' or ``NON-ODORIZED'' marking on cargo tanks, cylinders, and
portable tanks containing odorized or unodorized LPG. Additionally, by
allowing 100 pounds of black or smokeless powder for small arms
reclassed as Division 4.1 in each transport vehicle, instead of each
motor vehicle, the regulated community can reduce the number of motor
vehicles needed to transport these goods.
    Where PHMSA identified potential costs to stakeholders, specific
comment was requested to clarify such costs. We requested and responded
to specific comments on potential cost impacts of the proposals in
Sec.  172.604.
    A majority of the amendments in this rulemaking are simple
clarifications and do not require significant scientific or
technological information. However, when necessary in this final rule,
PHMSA used scientific or technological information to support its
regulatory action. Specifically, such data was considered when
structuring alternatives on how to best deal with issues regarding the
testing of pressure relief devices for cargo tank motor vehicles, as
well as with issues regarding the extension of the pressure test and
internal visual inspection test interval from five to ten years for
certain MC 331 cargo tanks in dedicated propane delivery service. This
information was used in the evaluation of alternative proposals, and
ultimately this information determined how best to promote
retrospective analysis to modify and streamline existing requirements
that are outmoded, ineffective, insufficient, or excessively
burdensome.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule would preempt State, local, and Indian tribe requirements
but does not propose 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 government. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
    The Federal Hazardous Material Transportation Law, 49 U.S.C.
5125(b)(1), 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 as follows:
    (i) The designation, description, and classification of hazardous
materials;
    (ii) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
    (iii) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
content, and placement of those documents;
    (iv) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials;
    (v) The design, manufacture, fabrication, marking, maintenance,
reconditioning, repair, or testing of a packaging or container which is
represented, marked, certified, or sold as qualified for use in the
transport of hazardous materials.
    This final rule concerns the classification, packaging, and
handling of hazardous materials, among other covered subjects. If
adopted, this rule would preempt any State, local, or Indian tribe
requirements concerning

these subjects unless the non-Federal requirements are ``substantively
the same'' (See 49 CFR 107.202(d) the Federal requirements.)
    The 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. That 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 a final rule on this matter in the Federal Register.

D. Executive Order 13175

    This final rule has been 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 and a
tribal summary impact statement is not required.

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
unless the agency determines the rule is not expected to have a
significant impact on a substantial number of small entities. In
addition, the Regulatory Flexibility Act directs agencies to establish
exceptions and differing compliance standards for small businesses,
where it is possible to do so while still meeting the objectives of
applicable regulatory statutes. However, in the case of hazardous
materials transportation, it is not possible to establish exceptions or
differing standards and still accomplish our safety objectives.
    As this final rule would clarify provisions based on PHMSA's
initiatives and correspondence with the regulated community, the impact
that it will have on small entities is not expected to be significant.
The changes are generally intended to provide relief and, as a result,
marginal positive economic benefits to shippers, carriers, and
packaging manufactures and testers, including small entities. These
benefits are not at a level that can be considered economically
significant. Consequently, this final rule will not have a significant
economic impact on a substantial number of small entities.
    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 currently has an approved information collection under Office
of Management and Budget (OMB) Control Number 2137-0557, entitled
``Approvals for Hazardous Materials.'' This final rule does not make
any changes that would affect the burden for this or any other
information collection.
    Prior to the publication of a final rule entitled ``Hazardous
Materials: Revisions to Fireworks Regulation'' published in the Federal
Register on July 6, 2013 [Docket No. PHMSA-2010-0320 (HM-257); 78 FR
42457], the HMR contained a requirement that all certification agencies
provide a statement confirming that it would perform its functions
independent of the owners and manufacturers of the packagings in its
field. The burden for this requirement was accounted for under OMB
Control Number 2137-0557. However, the HM-257 final rule inadvertently
removed this language from the HMR. Therefore, in this final rule,
PHMSA is reinserting the language for certification agencies to confirm
that they are independent and not owned by a company in its field. For
ease of the reader, this language is to be inserted as follows:
     PHMSA is revising Sec.  107.402(f) to require that a
portable tank and MEGC certification agency submit a statement
indicating that the agency is independent of and not owned by a
portable tank or MEGC manufacturer, owner, or distributor as part of
the Portable tank and MECG Certification Agency application.
     PHMSA is revising Sec.  107.402(e) to require that a
lighter certification agency submit a statement that the agency is
independent of and not owned by a lighter manufacturer, distributor,
import or export company, or proprietorship as part of the Lighter
Certification Agency application.
     PHMSA is revising Sec.  107.807 to require that a person
who seeks to manufacture DOT specification cylinders and special permit
cylinders, or perform chemical analysis and tests of those cylinders
outside the United States submits a statement, as part of the
application, indicating that the inspection agency is independent of
and not owned by a cylinder manufacturer, owner, or distributor.

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 number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.

H. Unfunded Mandates Reform Act

    This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$141,300,000 or more to either State, local, or tribal governments, in
the aggregate, or to the private sector, and it is the least burdensome
alternative that achieves the objective of the rule.

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), 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. In accordance with the Council on Environmental
Quality (CEQ) regulations (40 CFR parts 1500-1508), which implement
NEPA, an agency may prepare an Environmental Assessment (EA) when it
does not anticipate that the final action will have significant
environmental effects. They must consider the following: (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)).
1. Purpose and Need
    The purpose of this final rule is to amend the Hazardous Materials
Regulations (HMR; 49 CFR parts 171-180) by making miscellaneous
revisions to update and clarify certain regulatory requirements, to
respond to seven petitions for rulemaking submitted to PHMSA by various
stakeholders, and to address two NTSB recommendations. These
amendments, which were identified through an internal review of the HMR
as well as in response to communications with various stakeholders, are
intended to promote safety, regulatory relief, and clarity. This action
is necessary in order to: (1) Fulfill

our statutory directive to promote transportation safety; (2) fulfill
our statutory directive under the Administrative Procedure Act (APA)
that requires Federal agencies to give interested persons the right to
petition an agency to issue, amend, or repeal a rule (5 U.S.C. 553(e));
(3) support governmental efforts to provide regulatory relief to the
regulated community; (4) address safety concerns raised by the NTSB and
remove regulatory ambiguity identified by the regulated community; and
(5) simplify and clarify the regulations in order to promote
understanding and compliance.
    The intended effect of this action is to enhance the safe
transportation of hazardous materials and, in conjunction, clarify,
simplify, and relax certain regulatory requirements for carriers,
shippers, and other stakeholders. These regulatory revisions will offer
more efficient and effective ways of achieving safe and secure
transportation of hazardous materials in commerce.
2. Alternatives
    The alternatives considered in this Environmental Assessment
include the following:
Alternative 1: No Action
    Alternative 1 would not result in any rulemakings on this subject,
leaving the current regulatory standards to remain in effect. As a
result, this option would not address outstanding petitions for
rulemaking or NTSB Safety Recommendations. While this alternative would
not impose any new costs or change any environmental impacts, neither
would it account for the outstanding petitions for rulemaking, NTSB
Safety Recommendations, and regulatory concerns reviewed by PHMSA;
thus, we have rejected the no action alternative.
Alternative 2: Go Forward With the Proposed Amendments to the HMR in
This NPRM
    Alternative 2 revises the HMR as proposed in the NPRM and,
accounting for public comment, applies to transportation of hazardous
materials by various modes (highway, rail, vessel and aircraft). The
amendments encompassed in this alternative are more fully addressed in
the preamble and regulatory text sections. However, they generally
include the following changes to the HMR, grouped below for ease of
discussion:
    Incorporation by Reference and Use of International Standards:
     Remove the entry for CGA Publication C-1.1 in Table 1 to
Sec.  171.7.
     Incorporate by reference in Sec.  171.7 CGA Publication G-
1.6, Standard for Mobile Acetylene Trailer Systems, Seventh Edition
(responds to petition P-1605 and two NTSB Safety Recommendations, H-09-
01 and H-09-02).
     Amend Sec.  171.7(k) to include Sec. Sec.  179.24 and
180.503.
     Amend the marking requirements for poisonous-by-inhalation
shipments transported in accordance with the IMDG Code or TDG
Regulations (responds to petition for rulemaking P-1591).
    Sec.  172.101 Hazardous Materials Table and Sec.  172.102 Special
Provisions:
     Remove the Packing Group (PG) II designation for certain
organic peroxides, self-reactive substances and explosives (responds to
petition for rulemaking P-1590).
     Revise the Sec.  172.101 table to add Special Provision
B120 to Column 7 for the entry ``Calcium nitrate, UN1454.''
     Revise the entry for ``Propellant, solid, UN0501'' to
remove vessel stowage provision 24E from Column (10B) of the HMT.
     Revise the PG II HMT entry for ``Corrosive liquids,
flammable, n.o.s., UN2920,'' to harmonize the HMR with the UN Model
Regulations, IMDG Code, and the ICAO TI by adding a reference to Sec.
173.154 to Column (8A) of the HMT.
     Revise the entry for ``Oxidizing solid, corrosive, n.o.s.,
UN3085, PG II'' to harmonize the HMR with the UN Model Regulations, the
IMDG Code, and the ICAO TI by adding a reference to Sec.  173.152 to
Column (8A) of the HMT.
     Revise the HMT entries for ``Trinitrophenol (picric acid),
wetted, with not less than 10 percent water by mass, UN3364'' and
``Trinitrophenol, wetted with not less than 30 percent water, by mass,
UN1344'' to harmonize the HMR with the UN Model Regulations, IMDG Code,
and the ICAO TI to clarify that the 500 gram limit per package does not
apply to UN1344 but does apply to UN3364.
     Revise Special Provision 136, for Dangerous goods in
machinery or apparatus, in Sec.  172.102 to include reference to
Subpart G of Part 173.
     Remove the reference to obsolete Special Provision 18 in
the HMT entry ``Fire extinguishers, UN1044,'' and in Sec.  180.209(j).
    Hazard Communication (Marking, Labeling, Placarding, Emergency
Response):
     Correct a reference in Sec.  172.201 to exceptions for the
requirement to provide an emergency response telephone number on a
shipping paper.
     Revise Sec. Sec.  172.301(f), 172.326(d), and 172.328(e)
to include the clarification that the ``NOT-ODORIZED'' or ``NON-
ODORIZED'' marking may appear on packagings used for both unodorized
and odorized LPG, and remove the effective date of October 1, 2006, if
it appears these paragraphs, as the effective date has passed.
     Amend Sec.  172.406(d) by expressly authorizing the use of
labels described in subpart E with a dotted or solid line outer border
on a surface background of contrasting color.
     Amend the address in Sec.  172.407(d)(4)(ii) to read
Standards and Rulemaking Division, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 2nd Floor,
East Building, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Clarify the marking size requirements for an IBC that is
labeled instead of placarded by replacing the bulk package marking
reference in Sec.  172.514(c) with the non-bulk marking reference,
Sec.  172.301(a)(1).
     Require that emergency response telephone numbers be
displayed on shipping papers numerically (responds to petition for
rulemaking P-1597).
    Shipper Requirements:
     Revise Sec.  173.4a(a) to clarify that articles (including
aerosols) are not eligible for excepted quantity reclassification under
Sec.  173.4a, although some are eligible to be shipped as small
quantities by highway and rail in Sec.  173.4.
     Clarify that the requirements provided in paragraph Sec.
173.24a(c)(1)(iv) do not apply to limited quantities packaged in
accordance with Sec.  173.27(f)(2).
     Clarify the quantity limits for mixed contents packages
prepared in accordance with Sec.  173.27(f)(2).
     Clarify the requirements applicable to bulk transportation
of combustible liquids by adding Sec.  173.150(f)(3)(xi) stating that
the registration requirements in subpart G of part 107 is applicable
and revising Sec.  173.150(f)(3)(ix) and (x) for punctuation applicable
to a listing of requirements.
     Require that certain shipments of nitric acid utilizing
glass inner packagings be contained in intermediate packaging (responds
to petition for rulemaking P-1601).
     Add a new paragraph (k) in Sec.  173.159 to address the
need for provisions that allow shippers to prepare for transport and
offer into transportation damaged wet electric storage batteries.
     Revise Sec.  173.166(e)(6) to add the words ``or cargo
vessel.''

     Revise Sec. Sec.  173.170 and 173.171 by changing the term
``motor vehicle'' to ``transport vehicle'' to allow for motor vehicles
comprised of more than one cargo-carrying body to carry 100 pounds of
black or smokeless powder reclassed as Division 4.1 in each cargo-
carrying body instead of 100 pounds total in the motor vehicle.
     Revise the provisions in Sec.  173.199(a)(4) by removing
the reference to the steel rod impact test in Sec.  178.609(h).
     Amend the bulk packaging section reference in Column (8C)
of the HMT from Sec.  173.240 to Sec.  173.216 for the entries NA2212,
UN2212, and UN2590. In addition, we are proposing to revise paragraph
(c)(1) in Sec.  173.216 by authorizing the use of bulk packages
prescribed in Sec.  173.240.
     Amend Sec.  173.306(k) to clarify that aerosols shipped
for recycling or disposal by motor vehicle containing a limited
quantity are afforded the applicable exceptions provided for ORM-D
materials granted under Sec. Sec.  173.306(i) and 173.156(b).
    Modal Requirements (Air, Vessel, and Highway):
     Create a new paragraph (d) in Sec.  175.1, stating that
this subchapter does not apply to dedicated air ambulance,
firefighting, or search and rescue operations.
     Correct Sec.  175.8 by adding the appropriate 14 CFR part
125 citations.
     Clarify exceptions for passengers, crewmembers, and air
operators in paragraphs (a)(18), (22), and (24) of Sec.  175.10.
     Clarify Sec.  175.75(e)(2) by replacing the word
``located'' with ``certificated.''
     Clarify Sec.  176.30(a)(4) by replacing the word
``packaging'' with ``package.''
     Clarify that the loading restrictions in Sec.
177.835(c)(1) through (4) area applicable to Sec.  177.848(e).
    Packaging design and requalification:
     Clarify Sec.  178.337-17(a) to eliminate confusion of the
name plate and specification plate requirements.
     Correct an inadvertent editorial error in the formula in
Sec.  178.345-3(c)(1).
     Include provisions consistent with the non-bulk packaging
and IBC approval provisions for Large Packagings in Sec.  178.955.
     Extend the pressure test and internal visual inspection
test interval to ten years for certain MC 331 cargo tanks in dedicated
propane delivery service (responds to petition for rulemaking P-1604).
     Clarify the requirements applicable to the testing of
pressure relief devices for cargo tank motor vehicles (responds to
petition for rulemaking P-1609).
1. Probable Environmental Impacts of the Alternatives
    Hazardous materials are substances that may pose a threat to public
safety or the environment during transportation because of their
physical, chemical, or nuclear properties. Under the HMR, hazardous
materials are transported by aircraft, vessel, rail, and highway. The
potential for environmental damage or contamination exists when
packages of hazardous materials are involved in accidents or en route
incidents resulting from cargo shifts, valve failures, package
failures, loading, unloading, collisions, handling problems, or
deliberate sabotage. The release of hazardous materials can cause the
loss of ecological resources (e.g. wildlife habitats) and the
contamination of air, aquatic environments, and soil.
    When developing potential regulatory requirements, PHMSA evaluates
those requirements to consider the environmental impact of each
amendment. Specifically, PHMSA evaluates the following: The risk of
release of hazmat and resulting environmental impact; the risk to human
safety, including any risk to first responders; the longevity of the
packaging; and the circumstances in which the regulations would be
carried out (i.e., the defined geographic area, the resources, any
sensitive areas) and how they could thus be impacted.
    PHMSA has determined that most of the regulatory changes proposed
in this rulemaking are editorial in nature. As such, these amendments
have no impact on the risk of release and resulting environmental
impact, human safety, longevity of the packaging, and none of these
amendments would be carried out in a defined geographic area. General
possible environmental benefits, and detriments, are discussed below.
Alternative 1
    The no-action alternative would result in no changes. The current
regulations would remain in place, and no new provisions would be
added. However, this option would not address outstanding petitions for
rulemaking, NTSB Safety Recommendations or consider amendments based on
PHMSA's own initiatives intended to update, clarify, or provide relief
from certain existing regulatory requirements. Foregone efficiencies in
the Alternative 1 also include freeing up limited resources to
concentrate on hazardous materials transportation issues of potentially
much greater environmental impact.
    Not adopting the proposed environmental and safety requirements in
the final rule under the Alternative 1 would result in a lost
opportunity for reducing environmental and safety-related incidents.
    In addition, greenhouse gas emissions would remain the same under
the Alternative 1.
Alternative 2
    If PHMSA selects the provisions as amended in this final rule, we
believe that safety and environmental risks would be reduced and that
protections to human health and environmental resources would be
increased.
    Alternative 2 will enhance environmental protection through more
targeted and effective training. This set of amendments will eliminate
inconsistent hazardous materials regulations, which hamper compliance
training efforts. By maintaining consistency between these
international regulations and the HMR, shippers and carriers are able
to train their hazardous materials employees in a single set of
requirements for classification, packaging, hazard communication,
handling, and stowage, thereby minimizing the possibility of improperly
preparing and transporting a shipment of hazardous materials because of
differences between domestic and international regulations.
    In addition, Alternative 2 will create more streamlined hazardous
regulations, resulting in compliance training efforts which facilitate
the regulated community's ability to comply with the HMR. Potential
environmental impacts of each group of amendments in Alternative 2
(selected for this final rule) are discussed individually below:
    Incorporation by Reference and Use of International Standards:
    PHMSA believes that this set of amendments, which will increase
standardization and consistency of regulations, will result in greater
protection of human health and the environment. Consistency between
U.S. and international regulations enhances the safety and
environmental protection of international hazardous materials
transportation through better understanding of the regulations, an
increased level of industry compliance, the smooth flow of hazardous
materials from origin to destination, and consistent emergency response
in the event of a hazardous materials incident. Incorporation of the
CGA Publication G-1.6, Standard for Mobile Acetylene Trailer Systems,
will mitigate acetylene release and enhance environmental protection
during overturn incidents and unloading.

    Current greenhouse gas emissions would be unaffected under this
proposed set of amendments.
    Sec.  172.101 Hazardous Materials Table and Sec.  172.102 Special
Provisions:
    PHMSA believes that this set of amendments, which will increase
standardization and consistency of regulations, will result in greater
protection of human health and the environment. As previously stated,
consistency between U.S. and international regulations enhances the
safety and environmental protection of international hazardous
materials transportation through better understanding of the
regulations, an increased level of industry compliance, the smooth flow
of hazardous materials from their points of origin to their points of
destination, and consistent emergency response in the event of a
hazardous materials incident. New and revised entries to the HMT
reflect emerging technologies and the need to better describe or
differentiate between existing entries. These changes mirror those in
the Dangerous Goods list of The 18th Revised Edition of the UN Model
Regulations, the 2013-2014 ICAO TI and the 37-14 amendments to the IMDG
Code. It is extremely important for the domestic HMR to mirror the UN
Model Regulations, the ICAO TI, and the IMDG Code with respect to the
entries in the HMT to ensure consistent naming conventions across modes
and international borders.
    The packing group assignment reflects a degree of danger associated
with a particular material and identifies appropriate packaging.
However, assignment of a packing group is not appropriate in all cases
(e.g. explosives, gases, radioactive material). In such cases the
packing group does not indicate a degree of danger, and the packaging
requirements for those materials are specified in the appropriate
section in part 173. The change to eliminate a packing group
designation for materials classified as explosives and organic
peroxides specifically listed in the HMT provides a level of
consistency, without diminishing environmental protection and safety.
    Current greenhouse gas emissions would be unaffected under this set
of amendments.
    Hazard Communication (Marking, Labeling, Placarding, Emergency
Response):
    PHMSA believes that this set of amendments, which will provide for
enhanced hazard communication (hazcom), will result in greater
protection of human health and the environment. The proposed changes
communicate the nature of various specialized packaging configurations
to package handlers and emergency responders. The amendments would
ensure that hazard markings are visible, universally recognizable, and
that they contain all information needed by emergency responders, thus
resulting in fewer incidents with impacts to the environment and
safety.
    Similar to the above sets of amendments, PHMSA believes consistency
between U.S. and international regulations enhances the safety and
environmental protection of international hazardous materials
transportation through better understanding of the regulations, an
increased level of industry compliance, the smooth flow of hazardous
materials from their points of origin to their points of destination,
and consistent emergency response in the event of a hazardous materials
incident.
    Current greenhouse gas emissions would be unaffected under this
proposed set of amendments.
    Shipper Requirements:
    PHMSA believes that this amendment, which will revise, clarify and
enhance current regulations, will result in greater protection of human
health and the environment. Shippers and transporters of hazardous
materials will more easily be able to comply with the HMR through
regulations that are easier to understand and more streamlined.
    Specific to this set of amendments, improving the packaging
requirements applicable to glass packages of nitric acid reduces the
occurrences of fires caused by broken inner containers and enhances
human health and environmental protection. PHMSA believes that the
additional intermediate packaging required by this particular amendment
will add another layer of protection in preventing breakage, leakage,
and fires. Additionally, this particular amendment creates a more
streamlined and efficient HMR through incorporation of a petition for
rulemaking (P-1601), whic allows both regulators and the regulated
community to target limited resources at the most pressing hazmat
compliance issues.
    Current greenhouse gas emissions would be unaffected under this
proposed set of amendments.
    Modal Requirements (Air, Vessel, and Highway):
    PHMSA believes that this amendment, which will revise, clarify, and
enhance current regulations, will result in greater protection of human
health and the environment. Air, vessel, and highway shippers and
transporters of hazardous materials will more easily be able to comply
with the HMR through regulations that are easier to understand and more
streamlined. Additionally, the revisions include emphasis being placed
in areas requiring more attention.
    Current greenhouse gas emissions would be unaffected under this
proposed set of amendments.
    Packaging Design and Requalification:
    PHMSA believes that this amendment, which will revise, clarify, and
enhance current regulations, will result in greater protection of human
health and the environment. Shippers and transporters of hazardous
materials will more easily be able to comply with the HMR through
regulations which are easier to understand and more streamlined.
Additionally, the revisions include emphasis being placed in areas
requiring more attention.
    Specific to this set of amendments, decreasing the required
frequency for pressure testing and visual inspection of certain cargo
tanks in dedicated propane service by extending the requalification
period from five years to ten years will ease the burden on regulators
and the regulated community. This test, which requires significant
equipment down-time and man-hours to perform, has been shown to achieve
no additional safety or environmental protection when performed at a
five- versus a ten-year interval. In addition, pressure testing
requires a significant amount of water usage. Decreasing the testing
frequency by half will result in significant volumes of water being
conserved. Additionally, this particular amendment creates a more
streamlined and efficient HMR through incorporation of a petition for
rulemaking (P-1609). A more streamlined and efficient HMR allows both
regulators and the regulated community to target limited resources at
the most pressing hazmat compliance issues.
    Current greenhouse gas emissions would be unaffected under these
amendments.
1. Agencies Consulted
    This final rule would affect some PHMSA stakeholders, including
hazardous materials shippers and carriers by highway, rail, vessel, and
aircraft, as well as package manufacturers and testers. PHMSA sought
comment on the environmental assessment contained in the NPRM. In
addition, PHMSA specifically coordinated with the following Federal
agencies and modal partners:

 Department of Justice

 Environmental Protection Agency
 Health and Human Services
 Occupational Safety and Health Administration
 Federal Aviation Administration
 Federal Motor Carrier Safety Administration
 Federal Railroad Administration
 United States Coast Guard
2. Conclusion
    PHMSA is adopting miscellaneous amendments to the HMR based on
comments from the regulated community, NTSB recommendations, and
PHMSA's own rulemaking initiatives. The amendments are intended to
update, clarify, or provide relief from certain existing regulatory
requirements to promote safer transportation practices; eliminate
unnecessary regulatory requirements; facilitate international commerce;
and make these requirements easier to understand. These clarifications
of regulatory requirements will foster a greater level of compliance
with the HMR and, thus, diminish levels of hazardous materials
transportation incidents affecting the health and safety of the
environment. Therefore, the net environmental impact of this proposal
will be positive.

J. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. The DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov. The electronic form of
these written communications and comments can be searched by the name
of the individual submitting the document (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
The DOT's complete Privacy Act Statement is available at http://www.dot.gov/privacy.

K. International Trade Analysis

    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. Pursuant to these Acts, establishing standards is
not considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standards have a legitimate domestic
objective, such as the protection of safety, and do not operate in a
manner that excludes imports that meet this objective. This statute
also requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. PHMSA notes the
purpose is to ensure the safety of the American public and has assessed
the effects of this rule to ensure that it does not exclude imports
that meet this objective. As a result, this final rule is not
considered as creating an unnecessary obstacle to foreign commerce.

List of Subjects

49 CFR Part 107

    Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping 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,
Labeling, Markings, Packaging and containers, Reporting and
recordkeeping requirements.

49 CFR Part 173

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

49 CFR Part 175

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

49 CFR Part 176

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

49 CFR Part 177

    Hazardous materials transportation, Loading and unloading,
Segregation and separation.

49 CFR Part 178

    Hazardous materials transportation, Motor vehicle safety, Packaging
and containers, Reporting and recordkeeping requirements.

49 CFR Part 179

    Hazardous materials transportation, Incorporation by reference,
Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 180

    Hazardous materials transportation, Incorporation by reference,
Motor carriers, Motor vehicle safety, Packaging and containers,
Railroad safety, Reporting and recordkeeping requirements.

    In consideration of the foregoing, we amend 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; Pub. L. 112-141 section 33006; 49 CFR 1.81
and 1.97.

0
2. In Sec.  107.402, revise paragraphs (d)(1)(i), (e), and (f) to read
as follows:

Sec.  107.402  Application for designation as a certification agency.

* * * * *
    (d) * * *
    (1) * * *
    (i) Be a U.S. resident, or for a non-U.S. resident, have a
designated U.S. agent representative as specified in Sec.  105.40 of
this subchapter;
* * * * *
    (e) Lighter certification agency. Prior to examining and testing
lighters (UN1057) for certification of compliance with the requirements
of Sec.  173.308 of this chapter a person must submit an application
to, and be approved by, the Associate Administrator to act as a lighter
certification agency. In addition to paragraph (b) of this section, the
application must include the following information:
    (1) The name and address of each facility where lighters are
examined and tested;
    (2) A detailed description of the applicant's qualifications and
ability to, examine and test lighters and certify that the requirements
specified by Sec.  173.308 of this chapter have been met; and
    (3) A statement that the agency is independent of and not owned by
a lighter manufacturer, distributor, import or export company, or
proprietorship.
    (f) Portable tank and MEGC certification agencies. Prior to
inspecting portable tanks or multi-element gas containers (MEGCs) for
certification of compliance with the requirements of Sec. Sec.  178.273
and 178.74 of this chapter, respectively, a person must submit an
application to, and be approved by, the Associate Administrator to act
as a certification agency. In addition to paragraph (b) of

this section, the application must provide the following information:
    (1) The name and address of each facility where the portable tank
or MEGC, as applicable, is examined and tested;
    (2) A detailed description of the applicant's qualifications and
ability to examine and test portable tanks or MEGCs, as applicable, and
certify that the requirements specified by Sec.  178.273 of this
chapter for the approval of UN portable tanks, or Sec.  178.74 of this
chapter for the approval of MEGCs have been met; and
    (3) A statement indicating that the agency is independent of and
not owned by a portable tank or MEGC manufacturer, owner, or
distributor.

0
3. In Sec.  107.807, revise paragraph (b)(3) to read as follows:

Sec.  107.807  Approval of non-domestic chemical analyses and tests.

* * * * *
    (b) * * *
    (3) The name of the independent inspection agency to be used to
certify the analyses and tests and a statement from the agency
indicating that it is independent of and not owned by a cylinder
manufacturer, owner, or distributor; and
* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
4. The authority citation for part 171 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 1.81 and 1.97.

0
5. In Sec.  171.7:
0
a. Revise paragraph (k)(1);
0
b. Redesignate paragraphs (n)(13) through (21) as paragraphs (n)(14)
through (22), respectively, and add new paragraph (n)(13); and
0
c. In Table 1 to 49 CFR 171.7, remove the entry for ``Compressed Gas
Association, Inc., 4221 Walney Road, 5th Floor, Chantilly, Virginia
20151'' and the associated entry for document ``CGA C-1.1, Personnel
Training and Certification Guidelines for Cylinder Requalification By
the Volumetric Expansion Method, 2004, First Edition''.
    The revision and addition read as follows:

Sec.  171.7  Reference material.

* * * * *
    (k) * * *
    (1) AAR Manual of Standards and Recommended Practices, Section C--
Part III, Specifications for Tank Cars, Specification M-1002, (AAR
Specifications for Tank Cars), December 2000, Sec. Sec.  173.31; 179.6;
179.7; 179.15; 179.16; 179.20; 179.22; 179.24; 179.100-9; 179.100-10;
179.100-12; 179.100-13; 179.100-14; 179.100-18; 179.101-1; 179.102-1;
179.102-4; 179.102-17; 179.103-5; 179.200-7; 179.200-9; 179.200-10;
179.200-11; 179.200-13; 179.200-17; 179.200-22; 179.201-6; 179.220-6;
179.220-7; 179.220-10; 179.220-11; 179.220-14; 179.220-18; 179.220-26;
179.300-9; 179.300-10; 179.300-15; 179.300-17; 179.400-5; 179.400-6;
179.400-8; 179.400-11; 179.400-12; 179.400-15; 179.400-18; 179.400-20;
179.400-25; 180.503; 180.509; 180.513; 180.515; 180.517.
* * * * *
    (n) * * *
    (13) CGA G-1.6-2011, Standard for Mobile Acetylene Trailer Systems,
Seventh Edition, copyright 2011, into Sec.  173.301.
* * * * *

0
6. In Sec.  171.22, revise paragraph (f)(1) to read as follows:

Sec.  171.22  Authorization and conditions for the use of international
standards and regulations.

* * * * *
    (f) Complete information and certification. (1) Except for
shipments into the United States from Canada conforming to Sec.
171.12, each person importing a hazardous material into the United
States must provide the shipper, and the forwarding agent at the place
of entry into the United States, timely and complete written
information as to the requirements of this subchapter applicable to the
particular shipment.
* * * * *
0
7. In Sec.  171.23, paragraphs (b)(10)(iv)(A) and (B) are revised to
read as follows:

Sec.  171.23  Requirements for specific materials and packagings
transported under the ICAO Technical Instructions, IMDG Code, Transport
Canada TDG Regulations, or the IAEA Regulations.

* * * * *
    (b) * * *
    (10) * * *
    (iv) * * *
    (A) For a package transported in accordance with the IMDG Code in a
closed transport vehicle or freight container, a label or placard
conforming to the IMDG Code specifications for a ``Class 2.3'' or
``Class 6.1'' label or placard may be substituted for the POISON GAS or
POISON INHALATION HAZARD label or placard, as appropriate. The
transport vehicle or freight container must be marked with the
identification numbers for the hazardous material in the manner
specified in Sec.  172.313(c) of this subchapter and placarded as
required by subpart F of part 172 of this subchapter.
    (B) For a package transported in accordance with the Transport
Canada TDG Regulations in a closed transport vehicle or freight
container, a label or placard conforming to the TDG Regulations
specifications for a ``Class 2.3'' or ``Class 6.1'' label or placard
may be substituted for the POISON GAS or POISON INHALATION HAZARD label
or placard, as appropriate. The transport vehicle or freight container
must be marked with the identification numbers for the hazardous
material in the manner specified in Sec.  172.313(c) of this subchapter
and placarded as required by subpart F of part 172 of this subchapter.
While in transportation in the United States, the transport vehicle or
freight container may also be placarded in accordance with the
appropriate TDG Regulations in addition to being placarded with the
POISON GAS or POISON INHALATION HAZARD placards.
* * * * *

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

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

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.

0
9. In Sec.  172.101, the Hazardous Materials Table is amended by
revising entries under ``[REVISE]'' in the appropriate alphabetical
sequence to read as follows:

Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *
BILLING CODE 4910-60-P

[GRAPHIC] [TIFF OMITTED] TR02JN16.000

[GRAPHIC] [TIFF OMITTED] TR02JN16.001

[GRAPHIC] [TIFF OMITTED] TR02JN16.002

[GRAPHIC] [TIFF OMITTED] TR02JN16.003

[GRAPHIC] [TIFF OMITTED] TR02JN16.004

[GRAPHIC] [TIFF OMITTED] TR02JN16.005

[GRAPHIC] [TIFF OMITTED] TR02JN16.006

[GRAPHIC] [TIFF OMITTED] TR02JN16.007

[GRAPHIC] [TIFF OMITTED] TR02JN16.008

[GRAPHIC] [TIFF OMITTED] TR02JN16.009

[GRAPHIC] [TIFF OMITTED] TR02JN16.010

[GRAPHIC] [TIFF OMITTED] TR02JN16.011

[GRAPHIC] [TIFF OMITTED] TR02JN16.012

[GRAPHIC] [TIFF OMITTED] TR02JN16.013

[GRAPHIC] [TIFF OMITTED] TR02JN16.014

[GRAPHIC] [TIFF OMITTED] TR02JN16.015

[GRAPHIC] [TIFF OMITTED] TR02JN16.016

[GRAPHIC] [TIFF OMITTED] TR02JN16.017

[GRAPHIC] [TIFF OMITTED] TR02JN16.018

[GRAPHIC] [TIFF OMITTED] TR02JN16.019

[GRAPHIC] [TIFF OMITTED] TR02JN16.020

[GRAPHIC] [TIFF OMITTED] TR02JN16.021

[GRAPHIC] [TIFF OMITTED] TR02JN16.022

[GRAPHIC] [TIFF OMITTED] TR02JN16.023

[GRAPHIC] [TIFF OMITTED] TR02JN16.024

[GRAPHIC] [TIFF OMITTED] TR02JN16.025

* * * * *
BILLING CODE 4910-60-C

0
10. In Sec.  172.102, in paragraph (c)(1), revise special provision 136
to read as follows:

Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *
    136 This entry only applies to machinery and apparatus containing
hazardous materials as an integral element of the machinery or
apparatus. It may not be used to describe machinery or apparatus for
which a proper shipping name exists in the Sec.  172.101 Table. Except
when approved by the Associate Administrator, machinery or apparatus
may only contain hazardous materials for which exceptions are
referenced in Column (8) of the Sec.  172.101 Table and are provided in
part 173, subparts D and G, of this subchapter. Hazardous materials
shipped under this entry are excepted from the labeling requirements of
this subchapter unless offered for transportation or transported by
aircraft and are not subject to the placarding requirements of subpart
F of this part. Orientation markings as described in Sec.
172.312(a)(2) are required when liquid hazardous materials may escape
due to incorrect orientation. The machinery or apparatus, if
unpackaged, or the packaging in which it is contained shall be marked
``Dangerous goods in machinery'' or ``Dangerous goods in apparatus,''
as appropriate, with the identification number UN3363. For
transportation by aircraft, machinery or apparatus may not contain any
material forbidden for transportation by passenger or cargo aircraft.
The Associate Administrator may except from the requirements of this
subchapter equipment, machinery and apparatus provided:
    a. It is shown that it does not pose a significant risk in
transportation;
    b. The quantities of hazardous materials do not exceed those
specified in Sec.  173.4a of this subchapter; and
    c. The equipment, machinery or apparatus conforms with Sec.
173.222 of this subchapter.
* * * * *

0
11. In Sec.  172.201, revise paragraph (d) to read as follows:

Sec.  172.201  Preparation and retention of shipping papers.

* * * * *
    (d) Emergency response telephone number. Except as provided in
Sec.  172.604(d), a shipping paper must contain an emergency response
telephone number and, if utilizing an emergency response information
telephone number service provider, identify the person (by name or
contract number) who has a contractual agreement with the service
provider, as prescribed in subpart G of this part.
* * * * *

0
12. In Sec.  172.301, revise paragraph (f) to read as follows:

Sec.  172.301  General marking requirements for non-bulk packagings.

* * * * *
    (f) NON-ODORIZED marking on cylinders containing LPG. No person may
offer for transportation or transport a specification cylinder, except
a Specification 2P or 2Q container or a Specification 39 cylinder,
containing unodorized liquefied petroleum gas (LPG) unless it is
legibly marked NON-ODORIZED or NOT ODORIZED in letters not less than
6.3 mm (0.25 inches) in height near the marked proper shipping name
required by paragraph (a) of this section. The NON-ODORIZED or NOT
ODORIZED marking may appear on a cylinder used for both unodorized and
odorized LPG.

0
13. In Sec.  172.326, paragraph (d) is revised to read as follows:

Sec.  172.326  Portable tanks.

* * * * *
    (d) NON-ODORIZED marking on portable tanks containing LPG. No
person may offer for transportation or transport a portable tank
containing unodorized liquefied petroleum gas (LPG) as authorized in
Sec.  173.315(b)(1) of this subchapter unless it is legibly marked NON-
ODORIZED or NOT ODORIZED on two opposing sides near the marked proper
shipping name required by paragraph (a) of this section, or near the
placards. The NON-ODORIZED or NOT ODORIZED marking may appear on a
portable tank used for both unodorized and odorized LPG.

0
14. In Sec.  172.328, revise paragraph (e) to read as follows:

Sec.  172.328  Cargo tanks.

* * * * *
    (e) NON-ODORIZED marking on cargo tanks containing LPG. No person
may offer for transportation or transport a cargo tank containing
unodorized liquefied petroleum gas (LPG) as authorized in Sec.
173.315(b)(1) of this subchapter unless it is legibly marked NON-
ODORIZED or NOT ODORIZED on two opposing sides near the marked proper
shipping name as specified in paragraph (b)(1) of this section, or near
the placards. The NON-ODORIZED or NOT ODORIZED marking may appear on a
cargo tank used for both unodorized and odorized LPG.

0
15. In Sec.  172.330, revise paragraph (c) to read as follows:

Sec.  172.330  Tank cars and multi-unit tank car tanks.

* * * * *
    (c) No person may offer for transportation or transport a tank car
or multi-unit tank car tank containing unodorized liquefied petroleum
gas (LPG) unless it is legibly marked NON-ODORIZED or NOT ODORIZED on
two opposing sides near the marked proper shipping name required by
paragraphs (a)(1) and (2) of this section, or near the placards. The
NON-ODORIZED or NOT ODORIZED marking may appear on a tank car or multi-
unit tank car tank used for both unodorized and odorized LPG.

0
16. In Sec.  172.406, revise paragraph (d) to read as follows:

Sec.  172.406  Placement of labels.

* * * * *
    (d) Contrast with background. Each label must be printed on or
affixed to a background color contrasting to the color specification of
the label as required by Sec.  172.407(d)(1), or must have a dotted or
solid line outer border, to enhance the visibility of the label.
However, the dotted or solid line outer border may also be used for
backgrounds of contrasting color.
* * * * *

0
17. In Sec.  172.407, revise paragraph (d)(4)(ii) to read as follows:

Sec.  172.407  Label specifications.

* * * * *
    (d) * * *
    (4) * * *
    (ii) Color charts conforming to appendix A to this part are on
display at the Standards and Rulemaking Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, 2nd Floor, 1200 New Jersey Avenue SE.,
Washington, DC 20590-0001.
* * * * *

0
18. In Sec.  172.514, paragraph (c)(4) is revised to read as follows:

Sec.  172.514  Bulk Packagings.

* * * * *
    (c) * * *
    (4) An IBC. For an IBC labeled in accordance with subpart E of this
part, the IBC may display the proper shipping name and UN
identification number markings in accordance with Sec.  172.301(a)(1)
in place of the UN number on an orange panel, placard or white square-
on-point configuration as prescribed in Sec.  172.336(d); and
* * * * *

0
19. In Sec.  172.604, revise paragraph (a) introductory text to read as
follows:

Sec.  172.604  Emergency response telephone number.

    (a) A person who offers a hazardous material for transportation
must provide a numeric emergency response telephone number, including
the area code, for use in an emergency involving the hazardous
material. For telephone numbers outside the United States, the
international access code or the ``+'' (plus) sign, country code, and
city code, as appropriate, that are needed to complete the call must be
included. The telephone number must be--
* * * * *

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

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

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.

0
21. In Sec.  173.4a, revise paragraph (a) introductory text to read as
follows:

Sec.  173.4a  Excepted quantities.

    (a) Excepted quantities of materials, other than articles (e.g.,
aerosols), are not subject to requirements of this subchapter except
for:
* * * * *

0
22. In Sec.  173.24a, paragraph (c)(1)(iv) is revised to read as
follows:

Sec.  173.24a  Additional general requirements for non-bulk packagings
and packages.

* * * * *
    (c) * * *
    (1) * * *
    (iv) For transportation by aircraft, the total net quantity does
not exceed the lowest permitted maximum net quantity per package as
shown in Column (9a) or (9b), as appropriate, of the Sec.  172.101
Table of this subchapter. The permitted maximum net quantity must be
calculated in kilograms if a package contains both a liquid and a
solid. These requirements do not apply to limited quantity hazardous
materials packaged in accordance with Sec.  173.27(f)(2).
* * * * *

0
23. In Sec.  173.27, revise the paragraph (f)(2)(i) introductory text
to read as follows:

Sec.  173.27  General requirements for transportation by aircraft.

* * * * *
    (f) * * *
    (2) * * *
    (i) Unless otherwise specified in this part, or in subpart C of
part 171 of this subchapter, when a limited quantity of hazardous
material packaged in a combination packaging is intended for
transportation aboard an aircraft, the inner and outer packagings must
conform to the quantity limitations set forth in Table 3 of this
paragraph (f). Materials and articles must be authorized for
transportation aboard a passenger-carrying aircraft (see Column (9A) of
the Sec.  172.101 Hazardous Materials Table of this subchapter). Not
all unauthorized materials or articles may be indicated in this table.
For mixed content packages of limited quantity material, the total net
quantity must not exceed the lowest permitted maximum net quantity (for
each of the hazard classes or divisions represented in the package) per
outer package set forth in Table 3 of this paragraph (f). The permitted
maximum net quantity must be calculated in kilograms for a package that
contains both a solid and a liquid. Unless otherwise excepted, packages
must be marked and labeled in accordance with this section and any
additional requirements in subparts D and E, respectively, of part 172
of this subchapter. Materials or articles not authorized as limited
quantity by aircraft are:
* * * * *

0
24. In Sec.  173.150, revise paragraphs (f)(3)(ix) and (x) and add
paragraph (f)(3)(xi) to read as follows:

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

* * * * *
    (f) * * *
    (3) * * *
    (ix) The training requirements of subpart H of part 172 of this
subchapter;
    (x) Emergency response information requirements of subpart G of
part 172; and
    (xi) For bulk packagings only, registration requirements of subpart
G of part 107 of this subchapter.
* * * * *

0
25. In Sec.  173.158, revise paragraph (e) to read as follows:

Sec.  173.158  Nitric acid.

* * * * *
    (e) Nitric acid of less than 90 percent concentration, when offered
for transportation or transported by rail, highway, or water may be
packaged in 4A, 4B, or 4N metal boxes, 4G fiberboard boxes or 4C1, 4C2,
4D or 4F wooden boxes with inside glass packagings of not over 2.5 L
(0.66 gallon) capacity each. When placed in wooden or fiberboard outer
packagings, the glass inner packagings must be packed in tightly-
closed, intermediate packagings, cushioned with an absorbent material.
The intermediate packaging and absorbent material must be compatible
with the nitric acid. See Sec.  173.24(e).
* * * * *

0
26. In Sec.  173.159, revise (e)(4) and add paragraph (k) to read as
follows:

Sec.  173.159  Batteries, wet.

* * * * *
    (e) * * *
    (4) Except for the purpose of consolidating shipments of batteries
for recycling, the transport vehicle may not carry material shipped by
any person other than the shipper of the batteries; and
* * * * *
    (k) Damaged wet electric storage batteries. (1) Damaged batteries
incapable of retaining battery fluid inside the outer casing during
transportation may be transported by highway or rail provided the
batteries are transported in non-bulk packaging, meet the requirements
of paragraph (a) of this section, and are prepared for transport under
one or more of the following conditions:
    (i) Drain the battery of fluid to eliminate the potential for
leakage during transportation;
    (ii) Individually pack the battery in a leak proof intermediate
package with sufficient compatible absorbent material capable of
absorbing the release of any electrolyte and place the intermediate
packaging in a leakproof outer packaging that conforms to the general
packaging requirements of subpart B of this part;
    (iii) Pack the battery in a salvage packaging in accordance with
the provisions of Sec.  173.3(c); or
    (iv) When packaged with other batteries or materials (e.g., on
pallets or non-skid rails) and secured to prevent movement during
transport, pack the battery in leakproof packaging to prevent leakage
of battery fluid from the packaging under conditions normally incident
to transportation.
    (2) Shipment of damage batteries in accordance with this paragraph
is eligible for exception under paragraph (e) of this section.

0
27. In Sec.  173.166, revise the paragraph (e)(6) introductory text to
read as follows:

Sec.  173.166  Safety devices.

* * * * *
    (e) * * *
    (6) Safety devices removed from a vehicle. When removed from, or
were intended to be used in, a motor vehicle that was manufactured as
required for

use in the United States and offered for domestic transportation by
highway or cargo vessel to Recycling or Waste Disposal facilities, a
serviceable safety device classed as Class 9 UN3268 may be offered for
transportation and transported in the following additional packaging:
* * * * *

0
28. In Sec.  173.170, revise paragraph (b) to read as follows:

Sec.  173.170  Black powder for small arms.

* * * * *
    (b) The total quantity of black powder in one transport vehicle or
freight container may not exceed 45.4 kg (100 pounds) net mass. No more
than four freight containers may be on board one cargo vessel;
* * * * *

0
29. In Sec.  173.171, revise paragraph (b)(1) to read as follows:

Sec.  173.171  Smokeless powder for small arms.

* * * * *
    (b) * * *
    (1) One transport vehicle or cargo-only aircraft; or
* * * * *

0
30. In Sec.  173.199, revise paragraph (a)(4) to read as follows:

Sec.  173.199  Category B infectious substances.

    (a) * * *
    (4) The completed package must be designed, constructed,
maintained, filled, its contents limited, and closed so that under
conditions normally encountered in transportation, including removal
from a pallet or overpack for subsequent handling, there will be no
release of hazardous material into the environment. Package
effectiveness must not be substantially reduced for minimum and maximum
temperatures, changes in humidity and pressure, and shocks, loadings
and vibrations normally encountered during transportation. The
packaging must be capable of successfully passing the drop test in
Sec.  178.609(d) of this subchapter at a drop height of at least 1.2
meters (3.9 feet). Following the drop test, there must be no leakage
from the primary receptacle, which must remain protected by absorbent
material, when required, in the secondary packaging. At least one
surface of the outer packaging must have a minimum dimension of 100 mm
by 100 mm (3.9 inches).
* * * * *

0
31. In Sec.  173.225, revise the table in paragraph (d)(4) to read as
follows:

Sec.  173.225  Packaging requirements and other provisions for organic
peroxides.

* * * * *
    (d) * * *
    (4) * * *

                                                         Maximum Quantity per Packaging/Package
                                                            [For packing methods OP1 to OP8]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Packing method
                        Maximum quantity                         ---------------------------------------------------------------------------------------
                                                                     OP1      OP2 \1\      OP3      OP4 \1\      OP5        OP6        OP7        OP8
--------------------------------------------------------------------------------------------------------------------------------------------------------
Solids and combination packagings (liquid and solid) (kg).......        0.5     0.5/10          5       5/25         25         50         50    \2\ 400
Liquids (L).....................................................        0.5  .........          5  .........         30         60         60    \3\ 225
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If two values are given, the first applies to the maximum net mass per inner packaging and the second to the maximum net mass of the complete
  package.
\2\ 60 kg for jerricans/200 kg for boxes and, for solids, 400 kg in combination packagings with outer packagings comprising boxes (4C1, 4C2, 4D, 4F, 4G,
  4H1, and 4H2) and with inner packagings of plastics or fiber with a maximum net mass of 25 kg.
\3\ 60 L for jerricans.

* * * * *
0
32. In Sec.  173.301, revise paragraph (g)(1)(iii) to read as follows:

Sec.  173.301  General requirements for shipment of compressed gases
and other hazardous materials in cylinders, UN pressure receptacles and
spherical pressure vessels.

* * * * *
    (g) * * *
    (1) * * *
    (iii) Acetylene as authorized by Sec.  173.303. Mobile acetylene
trailers must be maintained, operated and transported in accordance
with CGA G-1.6 (IBR, see Sec.  171.7 of this subchapter).
* * * * *

0
33. In Sec.  173.306, revise paragraph (k)(1) to read as follows:

Sec.  173.306  Limited quantities of compressed gases.

* * * * *
    (k) * * *
    (1) Aerosols conforming to paragraph (a)(3), (a)(5), (b)(1),
(b)(2), or (b)(3) of this section are excepted from the labeling
requirements of subpart E of part 172 this subchapter, the
specification packaging requirements of this subchapter when packaged
in accordance with this paragraph, the shipping paper requirements of
subpart C of part 172 of this subchapter (unless the material meets the
definition of a hazardous substance or hazardous waste), and the 30 kg
(66 pounds) gross weight limitation, when transported by motor vehicle
for purposes of recycling or disposal under the following conditions:
    (i) The aerosols must be packaged in a strong outer packaging. The
strong outer packaging and its contents must not exceed a gross weight
of 500 kg (1,100 pounds);
    (ii) Each aerosol must be secured with a cap to protect the valve
stem or the valve stem must be removed;
    (iii) Each completed package must be marked in accordance with
Sec.  172.315(a); and
    (iv) The packaging must be offered for transportation or
transported by--
    (A) Private or contract motor carrier; or
    (B) Common carrier in a motor vehicle under exclusive use for such
service.
* * * * *

0
34. In Sec.  173.314, adding paragraph (h) to read as follows:

Sec.  173.314  Compressed gases in tank cars and multi-unit tank cars.

* * * * *
    (h) Special requirements for liquefied petroleum gas--(1)
Odorization. All liquefied petroleum gas must be odorized as required
in this paragraph to indicate positively, by a distinctive odor, the
presence of gas down to a concentration in air of not over one-fifth
the lower limit of combustibility; however, odorization is not required
if it is harmful in the use or further processing of the liquefied
petroleum gas or if it will serve no useful purpose as a warning agent
in such use or further processing.
    (i) The lower limits of combustibility of the more commonly used
liquefied

petroleum gases are: Propane, 2.15 percent; butane, 1.55 percent. These
figures represent volumetric percentages of gas-air mixtures in each
case.
    (ii) The use of 1.0 pound of ethyl mercaptan per 10,000 gallons of
liquefied petroleum gas is considered sufficient to meet the
requirements of this paragraph. Use of another odorant is not
prohibited so long as there is enough to meet the requirements of this
paragraph (h).
    (2) Odorant fade. In addition to paragraph (h)(1)(i) of this
section, the offeror must ensure that enough odorant will remain in the
tank car during the course of transportation. The shipper must have
procedures in place to:
    (i) Ensure quantitative testing methods are used to measure the
amount of odorant in the liquefied petroleum gas;
    (ii) Ensure that, when the odorization of liquefied petroleum gas
is manually injected, the required amount of odorant is added;
    (iii) Ensure that, when odorization of liquefied petroleum gas is
automatically injected, equipment calibration checks are conducted to
ensure the required amount of odorant is consistently added;
    (iv) Ensure quality control measures are in place to make sure that
persons who receive tank cars that have been subjected to any condition
that could lead to corrosion of the tank car or receive new or recently
cleaned tank cars are notified of this information and that a person
filling these packagings implement quality control measures so that
potential odorant fade is addressed;
    (v) Inspect a tank car for signs of oxidation or corrosion; and
    (vi) Take corrective action needed to ensure enough odorization
remains in the tank car during the course of transportation, such as
increasing the amount of odorant added to the liquefied petroleum gas.
* * * * *

0
35. In Sec.  173.315, revise paragraph (b)(1) and add paragraph (b)(2)
to read as follows:

Sec.  173.315  Compressed gases in cargo tanks and portable tanks.

* * * * *
    (b) * * *
    (1) Odorization. All liquefied petroleum gas must be odorized as
required in this paragraph to indicate positively, by a distinctive
odor, the presence of gas down to a concentration in air of not over
one-fifth the lower limit of combustibility; however, odorization is
not required if it is harmful in the use or further processing of the
liquefied petroleum gas or if it will serve no useful purpose as a
warning agent in such use or further processing.
    (i) The lower limits of combustibility of the more commonly used
liquefied petroleum gases are: Propane, 2.15 percent; butane, 1.55
percent. These figures represent volumetric percentages of gas-air
mixtures in each case.
    (ii) The use of 1.0 pound of ethyl mercaptan per 10,000 gallons of
liquefied petroleum gas is considered sufficient to meet the
requirements of this paragraph (b). Use of any other odorant is not
prohibited so long as there is enough to meet the requirements of this
paragraph.
    (2) Odorant fade. For cargo tanks or portable tanks being
transported from a refinery, gas plant or pipeline terminal and in
addition to paragraph (b)(1)(i) of this section, the offeror must
ensure that enough odorant will remain in the cargo tank or portable
tank during the course of transportation. The shipper must have
procedures in place to:
    (i) Ensure quantitative testing methods are used to measure the
amount of odorant in the liquefied petroleum gas;
    (ii) Ensure that, when the odorization of liquefied petroleum gas
is manually injected, the required amount of odorant is being added;
    (iii) Ensure that, when odorization of liquefied petroleum gas is
automatically injected, equipment calibration checks are conducted to
ensure the required amount of odorant is consistently added;
    (iv) Ensure that quality control measures are in place to make sure
that persons who receive cargo tanks or portable tanks that have been
subjected to any condition that could lead to corrosion of the
packaging or receive new or recently cleaned cargo tanks or portable
tanks are notified of this information and that a person filling these
packagings implement quality control measures to ensure that potential
odorant fade is addressed;
    (v) Inspect a cargo tank or portable tank for signs of oxidation or
corrosion; and
    (vi) Take corrective action needed to ensure enough odorant remains
in the cargo tank or portable tank during the course of transportation,
such as increasing the amount of odorant added to the liquefied
petroleum gas.
* * * * *

PART 175--CARRIAGE BY AIR

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

    Authority:  49 U.S.C. 5101-5128; 44701; 49 CFR 1.81 and 1.97.

0
37. In Sec.  175.1, add paragraph (d) to read as follows:

Sec.  175.1  Purpose, scope and applicability.

* * * * *
    (d) The requirements of this subchapter do not apply to
transportation of hazardous material in support of dedicated air
ambulance, firefighting, or search and rescue operations performed in
compliance with the operator requirements under federal air
regulations, title 14 of the CFR.

0
38. In Sec.  175.8, revise paragraph (b)(1) to read as follows:

Sec.  175.8  Exceptions for operator equipment and items of
replacement.

* * * * *
    (b) * * *
    (1) Oxygen, or any hazardous material used for the generation of
oxygen, for medical use by a passenger, which is furnished by the
aircraft operator in accordance with 14 CFR 121.574, 125.219, or
135.91. For the purposes of this paragraph (b)(1), an aircraft operator
that does not hold a certificate under 14 CFR parts 121, 125, or 135
may apply this exception in conformance with 14 CFR 121.574, 125.219,
or 135.91 in the same manner as required for a certificate holder. See
Sec.  175.501 for additional requirements applicable to the stowage of
oxygen.
* * * * *

Sec.  175.9  [Amended]

0
39. In Sec.  175.9, remove and reserve paragraph (b)(4).

0
40. In Sec.  175.10, revise paragraphs (a)(6), (23), and (25) to read
as follows:

Sec.  175.10  Exceptions for passengers, crewmembers, and air
operators.

    (a) * * *
    (6) Hair curlers (curling irons) containing a hydrocarbon gas such
as butane, no more than one per person, in carry-on baggage only. The
safety cover must be securely fitted over the heating element. Gas
refills for such curlers are not permitted in carry-on or checked
baggage.
* * * * *
    (23) Non-infectious specimens in preservative solutions transported
in accordance with Sec.  173.4b(b) of this subchapter.
* * * * *
    (25) Small cartridges fitted into or securely packed with devices
with no more than four small cartridges of carbon dioxide or other
suitable gas in Division 2.2, without subsidiary risk

with the approval of the operator. The water capacity of each cartridge
must not exceed 50 mL (equivalent to a 28 g cartridge).
* * * * *

0
41. In Sec.  175.75, revise paragraph (e)(2) to read as follows:

Sec.  175.75  Quantity limitations and cargo location.

* * * * *
    (e) * * *
    (2) Packages of hazardous materials transported aboard a cargo
aircraft, when other means of transportation are impracticable or not
available, in accordance with procedures approved in writing by the FAA
Regional Office in the region where the operator is certificated.
* * * * *

PART 176--CARRIAGE BY VESSEL

0
42. The authority citation for part 176 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
43. In Sec.  176.30, revise paragraph (a)(4) to read as follows:

Sec.  176.30  Dangerous cargo manifest.

    (a) * * *
    (4) The number and description of packages (barrels, drums,
cylinders, boxes, etc.) and gross weight for each type of package;
* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

0
44. The authority citation for part 177 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; sec. 112 of Pub. L. 103-311,
108 Stat. 1673, 1676 (1994); sec. 32509 of Pub. L. 112-141, 126
Stat. 405, 805 (2012); 49 CFR 1.81 and 1.97.

0
45. In Sec.  177.834, revise paragraphs (i)(3) and (4) to read as
follows:

Sec.  177.834  General requirements.

* * * * *
    (i) * * *
    (3) A qualified person ``attends'' the loading or unloading of a
cargo tank only if, throughout the process:
    (i) Except for unloading operations subject to Sec. Sec.
177.837(d) and 177.840(p) and (q), the qualified person is within 7.62
m (25 feet) of the cargo tank. The qualified person attending the
unloading of a cargo tank must be alert and have an unobstructed view
of the cargo tank and delivery hose to the maximum extent practicable
during the unloading operation; or
    (ii) The qualified person observes all loading or unloading
operations by means of video cameras and monitors or instrumentation
and signaling systems such as sensors, alarms, and electronic
surveillance equipment located at a remote control station, and the
loading or unloading system is equipped as follows:
    (A) For a video monitoring system used to meet the attendance
requirement, the camera must be mounted so as to provide an
unobstructed view of all equipment involved in the loading or unloading
operations, including all valves, hoses, domes, and pressure relief
devices;
    (B) For an instrumentation and signaling system used to meet the
attendance requirement, the system must provide a surveillance
capability at least equal to that of a human observer;
    (C) Upon loss of video monitoring capability or instrumentation and
signaling systems, loading or unloading operations must be immediately
terminated;
    (D) Shut-off valves operable from the remote control station must
be provided;
    (E) In the event of a remote system failure, a qualified person
must immediately resume attending the loading or unloading of the cargo
tank as provided in paragraph (i)(3)(i) of this section;
    (F) A containment area must be provided capable of holding the
contents of as many cargo tank motor vehicles as might be loaded at any
single time; and
    (G) A qualified person must personally conduct a visual inspection
of each cargo tank motor vehicle after it is loaded, prior to
departure, for any damage that may have occurred during loading; or
    (iii) Hoses used in the loading or unloading operations are
equipped with cable-connected wedges, plungers, or flapper valves
located at each end of the hose, able to stop the flow of product from
both the source and the receiving tank within one second without human
intervention in the event of a hose rupture, disconnection, or
separation.
    (A) Prior to each use, each hose must be inspected to ensure that
it is of sound quality, without defects detectable through visual
observation; and
    (B) The loading or unloading operations must be physically
inspected by a qualified person at least once every sixty (60) minutes.
    (4) A person is ``qualified'' if he has been made aware of the
nature of the hazardous material which is to be loaded or unloaded, has
been instructed on the procedures to be followed in emergencies, and
except for persons observing loading or unloading operations by means
of video cameras and monitors or instrumentation and signaling systems
such as sensors, alarms, and electronic surveillance equipment located
at a remote control station and persons inspecting hoses in accordance
with paragraph (i)(3)(iii) of this section, is authorized to move the
cargo tank, and has the means to do so.
* * * * *

0
46. In Sec.  177.840, add paragraph (a)(4) to read as follows:

Sec.  177.840  Class 2 (gases) materials.

* * * * *
    (a) * * *
    (4) Cylinders for acetylene. Cylinders containing acetylene and
manifolded as part of a mobile acetylene trailer system must be
transported in accordance with Sec.  173.301(g) of this subchapter.
* * * * *

0
47. In Sec.  177.848, revise paragraph (e)(5) to read as follows:

Sec.  177.848  Segregation of hazardous materials.

* * * * *
    (e) * * *
    (5) The note ``A'' in the second column of the table means that,
notwithstanding the requirements of the letter ``X'', ammonium nitrate
(UN1942) and ammonium nitrate fertilizer may be loaded or stored with
Division 1.1 (explosive) or Division 1.5 materials, unless otherwise
prohibited by Sec.  177.835(c).
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
49. In Sec.  178.337-17, revise paragraph (a) introductory text to read
as follows:

Sec.  178.337-17  Marking.

    (a) General. Each cargo tank certified after October 1, 2004 must
have a corrosion-resistant metal name plate (ASME Plate); and each
cargo tank motor vehicle certified after October 1, 2004 must have a
specification plate, permanently attached to the cargo tank by brazing,
welding, or other suitable means on the left side near the front, in a
place accessible for inspection. If the specification plate is attached
directly to the cargo tank wall by welding, it must be welded to the
tank before the cargo tank is postweld heat treated.
* * * * *

0
50. In Sec.  178.345-3, revise the paragraph (c)(1) introductory text
and formula to read as follows:

Sec.  178.345-3  Structural integrity.

* * * * *
    (c) * * *
    (1) Normal operating loadings. The following procedure addresses
stress in the cargo tank shell resulting from normal operating
loadings. The effective stress (the maximum principal stress at any
point) must be determined by the following formula:

S = 0.5(Sy + Sx)  [0.25(Sy
- Sx)\2\ + SS\2\]\0.5\
* * * * *

0
51. In Sec.  178.955, redesignate paragraphs (h) and (i) as paragraphs
(i) and (j), respectively, and add new paragraph (h) to read as
follows:

Sec.  178.955  General requirements.

* * * * *
    (h) Approval of equivalent packagings. A Large Packaging differing
from standards in subpart P of this part, or tested using methods other
than those specified in this subpart, may be used if approved by the